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Home My WebLink About10/14/1997 1 ( L L l l L L L L L L l l l L l L L ~ ; /i) l MUNICIPALITY OF _\J~a~~rJ9J.Q~- ONTARIO DATE: OCTOBER 14, 1997 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DECLARATIONS OF INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on September 29, 1997. PUBLIC MEETINGS A public meeting is being held for the purpose of passing a by-law to stop up, close and authorize the sale of a portion of the road allowance located adjacent to the C.N.R. Railway and the Municipal- Walkway between Regional Road 57 (Martin Road) and Old Highway No.2, more specifically described as Parts 1, 2 and 3, Plan 40R-17727, in Lot 14, Concession 1, former Town of Bowmanville. Any person wishing to comment on this matter, may do so. A public meeting is being held for the purpose of passing an amendment to the Development Charge By-law No. 92-106, pursuant to the Development Charges Act. Any person wishing to comment on this matter, may do so. DEbEGATIONS 1. Mr. Viv Woolford, 18 Hooper Square, Bowrnanville, L1C 4X7 - Proposed Plaza - Corner of Liberty Street and Concession Road 3; 2. Don Welsh & Annabel Sissons, 4280 Mearns Avenue, Bowrnanville, L1C 3K5 - Clarington Older Adults; 3. Valerie Dostie, 707 Waverley Road South, R.R. #2, Box 11, Group 5, Bowrnanville, L1C 3K3; 4. Bill Woods, 3296 Taunton Road, R.R. #2, Orono, LOB 1MO - Report PD-110-97; S. Rhonda Hooper, R.R. #2, Orono, LOB 1MO - Report PD-110-97; CORPORATION OF THE MUNICIPALITY OF CLARINGTON @ ; Council Agenda October 14, 1997 - 2 - DELEGATIONS 6. Fran Woods, 3296 Taunton Road, R.R. #2, Orono, LOB 1MO - Report PD-110-97; 7. Dan Hooper, R.R. #2, 3237 Concession Road 7, Orono, LOB 1MO - Report PD-110-97; 8. Linda Gasser, P.O. Box 399, 7421 Best Road, Orono, LOB 1MO - Report PD-110-97; 9. Mavis Carlton, R.R. #2, Box 14, Group 2, Newcastle, L1B 1C2 - Report PD-140-97; 10. Brenton Rickard, 507 Mill Street South, Newcastle, L1B 1C2 - Report PD-140-97; 11. Paul Scott, 514 Mill Street South, Newcastle, L1B 1C2 - Report PD-140-97; 12. Jacqueline Lake, 254 Baldwin Street, Newcastle, L1B 1C2 - Report PD-140-97; 13. Noel Gordon, 607 Mill Street South, Newcastle, L1B 1C1 - Report PD-140-97; 14. Erskin Duncan, 27 Boulton Street, Newcastle, L1B 1L9 - Report PD-140-97; 15. Linda MacGregor, 40 Boulton Street, Newcastle, L1B 1L9 - Report PD-140-97; 16. Jack Eilbeck, 626 Mill Street, Newcastle, L1B 1C1 - Report PD-140-97; and 17. Bill Danniell/Ron Webb, ~he Kaitlin Group Ltd., 1029 McNicol1 Avenue, Scarborough, M1W 3W6 - Report PD-140-97. COMMUNICATIONS Receive for Information I - 1 Correspondence received from Don MacArthur, Tournament Convenor, 38 Beech Avenue, Bowmanville, L1C 3A2 - Letter of Appreciation; I - 2 Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Who Does What; ~ I J J J J J J J J J J J J J J J J J J 't L L L l l L L L Council Agenda COMMUNICATIONS I - 3 I - 4 I - 5 I - 6 I - 7 I - 8 . L. I - 9 l I - 10 ~ It. L L L l l L L I-II I - 12 I - 13 I - 14 - 3 - October 14, 1997 Bulletin received from the Toronto Transition Team entitled "Transition Team Provides Input on Bill 148"; Minutes of a meeting of the Solina Community Centre Board held on September 15, 1997; Correspondence received from Peter Robertson, Mayor, City of Brampton - Resolution re: Who Does What Impacts - A Brampton Perspective; Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Development Charges Act; Correspondence received from Donald G. McKay, Clerk, Town of Whitby - Proposed Annexation of the Town of Whitby by the City of Oshawa; News Release received from the Association of Municipalities of Ontario entitled "Amendments to User Fee Regulation"; Correspondence received from the Village of Bobcaygeon - Resolution re: Nomination and Designation of the Trent and Severn Rivers; Correspondence received from Paul J. Temple, Executive Vice President & General Manager, Rogers Cable TV - New Cable Channels; Correspondence received from Nancy Bardecki, Director, Ministry of Municipal Affairs and Housing-- User Fees; Minutes of a meeting of the Kawartha Conservation Authority held on September 17, 1997; Correspondence received from Tony Morris, President, Ontario Federation of Agriculture - New Farming and Food production Protection Act, 1997; Correspondence received from Stuart Hartley, Vice President, Ontario Region, Canadian Soft Drink Association - Citizens Network for Waste Management (CNWM) Report; Council Agenda COMMUNICATIONS I - 15 I - 16 I - 17 I - 18 I - 19 I - 20 I - 21 I - 22 - 4 - October 14, 1997 J~ J J J J J J J J J J J J J J J J J J Correspondence received from the Ontario Good Roads Association - 1998 Annual Conference Workshops; Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 16, 1997; Correspondence received from Peter Doris, Special Projects Manager, Ontario Cattlemen's Association - Study on Cattle Losses Due to Coyotes; Correspondence received from Carol Seglins, Mayor, Town of Caledon - Impact of Downloading and Pooling in the GTA Rural Municipalities; Correspondence received from R. Walton, Metropolitan Clerk, The Municipality of Metropolitan Toronto - Protection of Rail Corridors in the GTA; News Release received from the Ministry of Municipal Affairs and Housing entitled "Municipalities Get More Detail on Local WOW Numbers" ; Correspondence received from Cynthia Mearns, Library Director, Clarington Public Library - Forwarding a Letter of Appreciation from the Library Board; and Minutes of a meeting of the Central Lake Ontario Conservation Authority held on October 7, 1997. Receive for Direction D - 1 D - 2 D - 3 Correspondence received from Nancy K., Healer, 120 Port Darlington Road, Bowmanville, L1C 3K3 - Clarington Recycling and Waste Transfer Station; Correspondence received from Bruce Taylor, Town Clerk, Town of Pickering - Requesting Endorsement of a Resolution Regarding Amalgamation of the Durham Regional District Health Council with the Haliburton, Kawartha, Pine Ridges District Health Council; Correspondence received from Richard D. Christy, Mayor, City of Kitchener - Charitable Gaming Clubs in Ontario; L L L l L L L L L L L l L Council Agenda COMMUNICATIONS D - 4 D - 5 D - 6 D - 7 D - 8 D - 9 D - 10 j II. D - 11 l l L L L D - 12 D - 13 - 5 - October 14, 1997 Correspondence received from Naomi Alboim, Secretary General to the Order of Ontario and Deputy Minister, Deputy Minister, Ministry of Citizenship, Culture and Recreation, The Order of Ontario - Requesting Nominations for Membership in The Order of Ontario; Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - First Meeting of the Council of the Regional Municipality of Durham After Municipal Elections;" Correspondence received from Joe-Anne Boyle, WRAP Co-Ordinator, Canadians Addressing Sexual Exploitation - Requesting Proclamation of WRAP and Wearing a White Ribbon; Correspondence received from Renita Vanderkooi, 124 Cove Road, Bowmanville, LIC 3K3 - Clarington Recycling and Transfer Station; Correspondence received from Anita Witty, Chair, 1997 Christmas Seals Campaign, The Lung Association - Requesting Proclamation of Lung Awareness Month; Correspondence received from David H. Tsubouchi, Minister of Consumer and Commercial Relations and Marilyn Mushinski, Minister of Citizenship, Culture and Recreation - Charitable Gaming Initiatives; Correspondence received from Jack Layton, Co-Chair, The White Ribbon Campaign - Requesting Proclamation of White Ribbon Week - Men Working to End Violence Against Women; Petition received from Bernice Petryshyn, 1671 Taunton Road East, Courtice - Operation of a Business in a Residential Area (Domitrovic); Correspondence received from Danny Hooper, R.R. #2, Orono, LOB IMO - Report PD-II0-97; Correspondence received from Gregory R. Johnson, R.R. #2, Campbellcroft, LOA IBO - Report PD-II0-97; Council Agenda COMMUNICATIONS D - 14 D - 15 D - 16 D - 17 D - 18 D - 19 D - 20 D - 21 D - 22 D - 23 D - 24 - 6 - October 14, 1997 Correspondence received from Kim Burns, 54 Rosalynne Crescent, Bowmanville ,. L1C 3X8 - Bus Route in Orono; Correspondence received from Linda Gasser, P.O. Box 399, Orono, LOB 1MO - Report PD-110-97; Correspondence received from Connie Nelson, President and Denise Marek, Secretary, Bowmanville Toastmasters Club - Requesting Proclamation of Toastmasters Week; Correspondence received from Rhonda Hooper, R.R. #2, Orono, LOB 1MO - Report PD-110-97; Correspondence received from Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre - Proposed Survey for the Apple Festival and Craft Sale; Correspondence received from Shirley A. Johnson, King Street East, Bowmanville - Report PD-110-97; Correspondence received from William & Evelyn Reid, 1776 Bloor Street, Courtice, L1E 2M9 - Rezoning and Site Plan Application - W.E. Roth Construction Ltd.; Correspondence received from Linda Gasser, P.O. Box 399, Orono, LOB 1MO - Report PD-110-97; Correspondence received from Linda Gasser, P.O. Box 399, Orono, LOB 1MO - Communicating With the Municipality; Correspondence received from Raymond Osborne - Rezoning and Site Plan Application - W.E. Roth Construction Ltd; and Correspondence received from Renita Vanderkooi - Purchase and Reconstruction of Cove Road, Bowmanville. J' J J J J J .- J J J J J -J J J J J J J L L L l l l L L l L L l L L l l l L L ... Council Agenda - 7 - October 14, 1997 REPORTS 1. General Purpose and Administration Committee Report of October 6, 1997; 2. Report WD-66-97 - Eiram Development Corporation, Mearns Avenue Storm Sewer Oversizing and Tributary Stormwater Management Works, Subdivision Agreement - Proposed Amendment to the Development Charge By-law; and 3. Report ADMIN-47-97 - Principles of Understanding Between Blue Circle Canada Inc. and the Municipality of Clarington on the Implementation of the Recommendation~~ of the Waterfront Regeneration Trust Report on Wests ide Marsh (To be distributed under separate cover). UNFINISHED BUSINESS 1. Report PD-140-97 - Rezoning Application and Proposed Plan of Subdivision (Phase II) - Applicant: The Kaitlin Group Ltd., Part Lot 28, 29, 30 & 31, B.F. Concession, former Village of Newcastle. BY-LAWS 97-206 being a by-law to designate a certain portion of Registered Plan 40M-1886 as not being subject to Part Lot Control (Item #6 of Report #1); 97-207 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (Item #7 of Report #1); 97-208 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-raw for the Corporation of the former Town of Newcastle (Item #10 of Report #1); 97-209 being a by-law to authorize the execution of an Offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller in respect of a lease of premises situated at 247 King Street East, Newcastle, Ontario (Item #13 of Report #1); 97-210 being a by-law to authorize a contract between Brennan Paving & Construction Limited, Markham, Ontario, for the Sidewalk Replacement - Duke Street, Bowmanville and Sidewalk Replacement and Extension - Centre Street, Orono [Item #2(b) of Report #1]; Council Agenda BY-LAWS 97-211 97-212 97-213 97-214 97-215 97-216 97-217 97-218 OTHER BUSINESS - 8 - October 14, 1997 J J J J J ] J J J ] J J J J J J J J J being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and The Bowmanville Lions Club, Bowmanville, Ontario, for the purchase of the Lions Centre at 26 Beech Street, Bowrnanville (Item #18 of Report #1); being a by-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and OshawajClarington Adult for Community Living Association in respect- of a lease for premises situated at 132 Church . Street (Main Level), Bowmanville (Item #19 of Report #1); being a by-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and John Howard Society in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville (Item #19 of Report #1); Confidential Report TR-92-97 (Item #15 of Report #1) (To be distributed under separate cover); being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (Approved by Council October 15, 1991); being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Approved by Council May 14, 1990); - Confidential Report ADMIN-46-97 (Item #20 of Report #1) (To be distributed under separate cover); and being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Town of Newcastle (Report PD-140-97) . ADJOURNMENT BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL - - MUNICIPALITY OF CLARINGTON Council Minutes September 29, 1997 .. Minutes of a regular m~eting of Council held on Monday, September 29, 1997, at 7:00 p.m., in the Council Chambers - PRA YERS Councillor Hannah led the meeting in prayer. .. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott - - Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Sef\ices. J. Caruana Fire Chief, M. Creighton Solicitor, D. Hefferon (Attended until 10:50 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie - - - -~ DECLARATIONS OF INTEREST .. Councillor Novak indicated that she would be making a declaration of interest with respect to Report TR-90-97 as well as an issue to be raised under Other Business. - MINUTES OF PREVIOUS MEETINGS Resolution #C-632-97 - Moved by Councillor Pingle. seconded by Councillor Novak .. THAT the minutes of a regular meeting of Council held on September 15, 1997, be approved. 'CARRIED" - - .. - - Council Minutes PRESENTATIONS PUBLIC MEETING ... - 2 - September 29, 1997 ... Resolution #C-633-97 Moved by Councillor Dreslinski, seconded by Councillor Novak .. THAT the order of the agenda be altered in order to make presentations to Sher Leetooze and Ron Hooper at this time and to allow for consideration of Report ADMIN-42-97 immediately following the public meeting pertaining to the closing of Waverley Road.. ... "CARRIED" .. Mayor Hamre presented Sher Leetooze with the 1997 Heritage Community Recognition Pin and Certificate of Achievement in recognition of the important work she has contributed to conserving local heritage in Ontario. .. .. Mayor Hamre presented Ron Hooper and AI Strike, Bowmanville B.I.A., with the Community Assist for an Urban Study Effort (CAUSE) Award. She indicated that this is a volunteer program through the Ontario Architects' Association and has been presented to the residents of Bowmanville in recognition of their partnership with the Municipality in beautifying the downtown core. .. Bill Stockwell, Chief Administrative Officer together with Steve Vokes, Director of Public Works and Frank Wu, Director of Planning and Development, made a presentation to Council with respect to the proposed Waverley Road closing (Report ADMIN-42-97). They explained the process which has been followed to date and the recommendations outlined in the report. .. ... ... A public meeting is being held to stop up, close and authorize the sale of portions of the road allowance of Waverley Road, generally located between a point approximately 40.54 metres southerly of the southerly limit of the Ontario Hydro transmission corridor and north of a point 150 metres north of the northerly limit of Watson Drive, more specifically described as Part 1 on draft Plan of Survey 1 and Part 2 on draft Plan of Survey 2. ... .. Valerie Dostie, R.R. #2, Box 11, 707 Waverley Road South, Bowmanville, LIC 3K3, a resident of this address for the past 16 years, stated her concern that through the whole process relating to this road closing, there has been no mention in any reports of the southerly end of Waverley Road. She is concerned with the effect that this proposal will have on the water supply and the decrease of the value of their home as they are not on waterfront property. She also questioned the effect that the noise, vibration and dust emanating from the additional quarrying will have on her children's health. With respect to the proposed roadway, she cited concerns over the danger of narrow roads, the additional length of time her children \vill need to ride the school bus and whether or not emergency vehicles will be able to access the area. She indicated that her quality of life will be eroded if this proposal is approved. ... - ... ... .. .. ... 1M Council Minutes PUBLIC MEETING .. - ... - ... - - - - - - .. - - - - ... - 3 - September 29, 1997 Leah Houston, 137 Cedarcrest Beach Road, Bowmanville, LIC 3IG, indicated that although a compromise has been arrived at in this situation, the youth are still concerned with the erosion of the vital Ecosystem of the Westside Creek Marsh. She questioned why the municipality would stop at saving 60% of the marsh and indicated that future restoration of the area \vill be lengthy and extremely expensive. Larry Defosse, 125 Cove Road. Group 2, Box 66, Bowmanville, LIC 3IG, indicated that the fact that the road will be used by area residents as well as pit haulers from Blue Circle Canada Inc., will create a dangerous situation and insurance premiums "ill rise. He questioned why the road needs to be closed prior to the bridge connecting Cove Road and Cedarcrest Beach Road being constructed. Murray DeHaas, 83 Cedarcrest Beach Road, Bowmanville, LIC 3IG, requested an explanation of the future policy which will be put in place allowing for the stone crusher to be placed a minimum 150 metres from Lake Ontario and 700 metres from homes in the area. He stated that under the worst case scenario the municipality would need to expropriate property and he questioned how long this process may take. Mr. DeHaas also indicated his concern with wildlife in the area and questioned the various phases of the project. Lynda Dostie, R.R #2, Box 11. 707 Waverley Road, Bowmanville, LIC 3IG, daughter of Valerie Dostie, advL'Cd Council that she likes walking and riding her bike on this roadway. She requested that Council leave nature alone and save the marsh. Lynda also indicated that she does not wish to ride on the school bus for any greater distance than she is presently doing. David Ashcroft, 63 Cedarcrest Beach Road, Group 5, Box 36, RR #2, Bowmanville, LIC 3IG, questioned whether Blue Circle Canada Inc., will be under any pressure to move their stone crusher in the near future. He also questioned the definition of a full load bridge and what capacity that bridge will hold. Mr. Ashcroft is hoping Council will take a "no turning back" approach and encourage the next council not to turn their back on this plan as he is willing to work hard in order to see the plan implemented and work well. Debbie Houston, 37 Cedarcrest Beach Road, Bowmanville, LIC 3K3, indicated that with this term of Council coming to an end, decisions made now may not be fair to the community. She is unsure whether Blue Circle Canada Inc. will honour the commitments pre'ltiously made by St. Marys and indicated that all concerns previously raised have Dot yet been addressed. She is concerned that Council is not giving the marsh the full value it deserves. Mars Barrick, 147 Cove Road. Group 2, Box 66, Bowmanville, LIC 3IG, indicated environmental concerns with this proposal and concerns with huge construction vehicles travelling the roads. She stated that information she has requested has not been forthcoming. Georgina Preston, 69 Cedarcresl Beach Road, RR #2, Bowmanville, LlC 3K3, questioned why Waverley Road needs to be closed prior to the bridge connecting Cove Road and Cedarcrest Beach Road being built. Council Minutes PUBLIC MEETING , " REPORT Report #6 Closure of Waverley Road T09.BL .. - 4 - September 29, 1997 .. Christine Reid, 49 West Beach Road, Group 2, Box 26, Bowmanville, LlC 3K3, questioned whether the policy document which was referred to during the staff presentation, will ensure that the marsh link area will become public ownership. ... Mavis Carlton, RR #2, Box 14, Box 2, Bowmanville, LlC 3K3, questioned what assurances the municipality will have that the Central Lake Ontario Conservation Authority will not sell the lands once they have been dedicated to them. She noted that the report indicates that the marsh will be held in escrow and questioned whether it will revert back to Blue Circle Canada Inc. She also questioned why the municipality is dealing with this application so quickly when there are still so many approvals outstanding. ... .... .. David Hill, 101 Cedarcrest Beach Road, Bowmanville, LlC 3K3, advised that his insurance company has concerns v.ith the effect the blasting, which will now be closer to his home, will have on his home. He indicated that he is asthmatic and is concerned with the health aspects of this proposal. Also, as an environmentalist, he questioned the impact the proposal will have on the fauna and flora of the area. .. .. Bob Morrison, 97 Cedarcrest Beach Road, Group 5, Box 25, RR #2, Bowmanville, LIC 3K3, advised Council that he has attended nearly every meeting relating to this proposal and has found that the process has been fair and St. Marys has been a very good host. He indicated he does have some environmental concerns but he is happy with the compromise as the municipality could have been left with no marsh at all. .. .. Maureen Remington, Box 44201, 6(X) Grandview Street South, Oshawa, LlH 8R5, owner of property located at 141 Cedarcrest Beach Road, indicated that she is satisfied with the proposal, however, she questioned whether an arborist could be consulted to ensure proper care of the trees during construction. She thanked Council for appointing the Waterfront Trust in order to reach a resolve of this Issue. .. .. Ted Remington, Box 44201,600 Grandview Street South, Oshawa, LlH8R5, owner of 141 Cedarcrest Beach Road, indicated his pleasure with the compromise which has been arrived at. He thanked Council for appointing the Waterfront Trust and indicated his hope to see a quick implementation of the plan. .. .. Resolution #C-634-97 .. Moved by Councillor Novak, seconded by Councillor Hannah THAT Report ADMIN-42-97 be re{;Cived; ... THAT the applications to stop up, close and convey a portion ot the road allowance known as Waverley 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 ftaff for consideration of the delegations and preparation of a report for the General Purpose and Administration Committee on October 6, 1997; and .. .. .. - .. Council Minutes REPORT - - .. - - - PUBLIC MEETING - - - .. Recess - - PRESENTATION - - - - - - 5 - September 29, 1997 THAT the interested parties listed in Report ADMIN-42-97 and the delegations be advised of Council's decision. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea ~av Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre A public meeting is being held for the extension of Brownsville Road between Lots 18 and 19, former Townsmp of Clarke, approximately 200 metres (650 feet) southerly, to the north limit of the Ministry of Transportation property (Imperial Oil Site). The Director of Public Works ad\ised that the required by-law is not included on the agenda for this evening's meeting as some documentation is still outstanding. No one addressed Council with r~spect to this matter. Resolution #C-635-97 Moved by Councillor Dreslinski. ~conded by Councillor Elliott THAT Council recess for 15 minutes. 'CARRIED" The meeting reconvened at 8:55 p.rn. Councillor Hannah introduced Barry Bryan who gave a presentation to Council on the Garnet B. Rickard Recreation Complex Expansion. Barry Bryan illustrated the exp(lJ'bion through use of artists' renderings and outlined the schedule for tendering of the project noting that construction will begin in November and the facility will be ready for the next hockey season. Council Minutes DELEGATIONS .. - 6 - September 29, 1997 ... Bev Ferguson, 85 Queen Street, Bowrnanville, LIC IM5, advised Council that the Clarington Girls' Hockey League has existed for four years and although they are the only amateur league in the municipality who has to turn players away and they are experiencing a struggle in order to get ice time in the municipality. She stated that some teams have to share ice time and. Their tournament this year will have to be held in Bewdley because of the lack of ice time a\'ailable. Mrs. Ferguson is hoping that more ice time will be made available to this league next year. .. ... ... Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, addressed Council with respect to the issue of fill which was brought to Clarington specifically to a site on Solina Road by the City of Oshawa. She noted the following points: .. According to a letter from the Ministry of Environment and Energy dated July 11, 1997, the Solina site should not have accepted fill that contained over 200 ppm of lead. ... CLOCA was not aware of the fill and the owner did not have a permit to receive any fill. ... The City of Oshawa's computation sheet advises that the fill averages only were, in three cases. higher than 300 ppm depositing 248.4 ton and nine times higher than 200 ppm in lead content depositing 2027.01 ton of fill. ... ... · The operator of the site had led Oshawa's consultant to believe that the property was zoned Commercial/Industrial. Mrs. Racansky requested that Council advise the MOEE that they should take into account all of the above information. She stated that she agrees with Council's resolution of January 15, 1997, that the two other sites should also be tested and that Council should be advised of the results. ... ... Peter and Susan Portlock, 81 Oke Road, Courtice, LIE 2V2, addressed Council with respect to Report CD-27-97. They advised Council that a pigeon fancier has recently moved into their neighbourhood. Since the arrival of the pigeons they are no longer able to enjoy their backyard as the pigeons swoop around and the sound of the fancier scraping the coop, is very unappetizing. They stated that when the birds are let out they become disoriented and land on their homes, cars, yard, etc. Bird droppings have been found all over their windows. driveways and cars. They indicated that this would not be an issue if they lived in the country on large lots. They stated that private property rights must be defended. Mr. Portlock also advised that in speaking with real estate agents, he has been told that the presence of the pigeon coop will affect the resale value of his home. He feels that Report CD-27-97 should have been better researched. Mr. and Mrs. Portlock requested that Council review the by-law to allow pigeons only on large lots where they will not have a negative impact on surrounding neighbours. ... filii ... ... Jim and Sandra Wilson, 242 Glenabbey Drive, Courtice, LIE 2V2, were called but were not present. ... Jeff Hurst, 83 Oke Road, Courtice, LIE 2V2, was called but was not present. .. ... - .. Council Agenda DELEGATIONS .. - - - - - - - - - - .. - - .. - - - 7 - September 29, 1997 Rick Townend, 82 Oke Road. Courtice, LIE 2V2, addressed Council with respect to Report CD-27-97. Mr. Townend advised Council that he has never disliked birds, however, he has a concern with the decline in the neighbourhood aesthetics since the pigeons have been brought into the area. Mr. Townend indicated that the birds are landing on other property and attracting other birds as well. He stated that it appears that the t>ird droppings in the area are proportional to the time of the flights of the pigeons_ He is bothered by the appearance of the pigeon coop and birds swooping under eaves when returning to their coop. Mr. Townend reiterated Mr. Portlock's concern of the depreciation in property value because of the presence of the pigeons. He noted that the Municipal Administrative Centre has bird guards attached to the outside and questioned whether there was an occupanc:-- plan for pigeon owners to put these clips on their neighbours' homes. Kevin Williamson, 77 Oke Road. Courtice, L1E 2V2, was called but was not present. Mark Ainsbury, 67 Oke Road. Courtice, L1E 2V1, addressed Council with respect to Report CD-27-97. He indiC2!ed that these pigeons fly over the neighbourhood at a low altitude and his child:-en. who are afraid of the birds, will no longer use the backyard when the pigeons are out flying. He noted health concerns related to the bird droppings which arc found in his backyard and stated that pigeons should only be allowed in farm areas. Karl Winterstein, Canadian Racing Pigeon Union, R.R. #5, Claremont, L1Y lA2, addressed Council with respect to Report CD-27-97. Mr. Winterstein provided a history of homing pigeons, staring that pigeons are the thoroughbreds of the air. These birds have seen service in both world wars and the country has 141 decorated pigeons. This hobby receives world-wide recognition and Mr. Winterstein requested Cou:x.i1 to allow for it to continue in the Municipality of Clarington. Edward Brown, Bowmanville Racing Pigeon Club, 30 Clarke Street, Newcastle, LIB 1C1, addressed Council Wl!n respect to Report CD-27-97. Mr. Brown distributed to Council informari0n regarding the history of pigeons together with letters of support for his hobby from several of his neighbours. He advised that the pigeon clubs work with their members and will continue to do so in order to alleviate any problems which DJ,.2.y arise. Sylvio Mattacchione, represent?uve of the Canadian Racing Pigeon Union, 1251 Scugog Road, Line 8, Po:-: Perry, L9L lHZ, addressed Council with respect to Report CD-27-97. Mr. Marucchione indicated that three million people in Canada feed birds in their badyards and perhaps the problems being encountered in the Courtice area stem from these birds rather than the pigeons which are living in the neighhourbood. Jim McInnes, 333 Kendalwood So-eet, Whitby, LIN 2G2, advised prior to the meeting that he would not be in attendance. Council Agenda DELEGATIONS Report #2 Keeping of Pigeons P14.AN .. - 8 - September 29, 1997 ... Helen Hunt, 9 Living Court, Courtice, LlE 2V5, addressed Council with respect to Report CD-27-97. She indicated that four years' ago, she purchased her home beside a pigeon fancier and, although the lots are only 50' wide with a 4' chain link fence separating them, she has never experienced any problems with the pigeons next door. As a matter of fact, the pigeons create a major source of entertainment for her and her family. Two homes which have been newly built in the area sold quickly and for full price although there is a pigeon coop in the immediate area. ... ... ... Joe Martire, 2185 Hancock Road, Courtice, L1E 2M3, addressed Council with respect to Report CD-27-97. He indicated that he has been a pigeon fancier since 1972 and a real estate agent since 1983. He has completed many appraisals on properties and stated that the presence of a pigeon loft in an area will not affect resale value of property_ Appraisals are based only on the general area and the condition of the home. .. IIlIiIi Dr. H. Yassein, 4 Craig COUrL Bowmanville, L1C 4H6, addressed Council with respect to Report CD-27-97. Dr. Yassein indicated that the pigeon fancier who has recently moved into Counice spoke to his neighbours prior to moving the pigeon loft in and met no resistance. Shortly after the arrival of the loft, the petition started. Dr. Yassein indicated that the problems the residents are having need to be clearly defined. He requested that Council adopt the recommendations contained in Report CD-27-97 and allow the pigeon clubs to address each specific problem as it arises and not pass a blanket solution which will affect the entire municipality. .. ... ... Resolution #C-636-97 Moved by Councillor Hannah. seconded by Councillor Pingle ... THAT the order of the agenda be altered to allow for consideration of Report CD-::--97 at this time. .. "CARRIED" .. Resolution #C-637-97 Moved by Councillor Pingle, seconded by Councillor Hannah ... THAT Report CD-27-97 be received; TIfAT the racing pigeon clubs in the municipality be requested to work closely with their members in order to alleviate any concerns which arise from their neighbours; and ... TIfAT Jeff Hurst, Peter Portlock, Jim Wilson, Rick Townend, Kevin Williamson, Mark Ainsbury, the Bowmamille Invitational Racing Pigeon Club, the Pine Ridge Racing Pigeon Club and the Oshawa General Racing Pigeon Club be advised of Council's decision. ... ... "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... .... ,.. .. Council Agenda .. - .. - Recess - - .. COMMUNICATIONS .. .. - - .. .. - .. - - - 9 - September 29, 1997 Resolution #C-638-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT the foregoing Resolution #C-637-97 be amended by adding the following to the second paragraph: "and report back to the municipality and to Council with any suggestions or advising of any actions taken: "CARRIED" The foregoing Resolution #C-637-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-639-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 11:10 p_m. Resolution #C-640-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 5, I - 8, I - 9 and I - 10. "C-\RRIED" I-I Correspondence received from Janet Ecker, Minister of Ministry of Community and Social Sef\ices - Provincial and Municipal Responsibilities - Social Assistance, Child Care, Social Housing, Public Health and Land Ambulances; I - 2 Minutes of a meeting of the Newcastle Community Hall Board held on July 21, 1997; I - 3 Correspondence received from Durham Access to Care - A New Organization for Durham Region Residents; I - 4 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 3. 1997; I - 6 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Municipal Elections 1997; I - 7 Correspondence received from P_M. Madill, Regional Clerk, Regional Municipality of Durham - Greater Toronto Services Board Report; Coun2i1 Agenda COM\1UNICATIONS I - 5 Traffic Control CNR Underpass Mill Street T08.HR .. - 10 - September 29, 1997 ... I - 11 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - 1997 Final Levy By-law; .. I - 12 Municipal Alert received from the Association of Municipalities of Ontario entitled "Government Retreats on Bill 136; .. I - 13 Minutes of a meeting of the Clarke Museum & Archives held on September 2, 1997; .. I - 14 News Release received from the Ministry of Municipal Affairs and Housing - Regulation Clarifies Municipal User Fees; and ... I - 15 Correspondence received from Sheila Keating-Nause, Policy and Resolutions, Federation of Canadian Municipalities - FCM National Board of Directors Meeting December 10 - 13, 1997 - Call For Resolutions. iii Resolution #C-641-97 .. Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 11, 1997, from Frank Hoar, Secretary, Newcastle Ratepayers Association, expressing objection to the proposed changes to traffic control at the ~1ill Street (CNR) underpass, be received for information. .. .... 'CARRIED AS AMENDED L-\TER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... Resolution #C-642-97 .... Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-641-97 be amended by adding the following thereto: .. "and that the Newcastle Ratepayers Association be advised that this issue will be addressed at the General Purpose and Administration Committee meeting scheduled to be held on October 6, 1997. ... "CARRIED" .. The foregoing Resolution #C-64l-97 was then put to a vote and CARRIED AS AMENDED. .. .. .. .. ... ... Council Agenda COMMUNICATIONS - I - 8 .. Proposed Casino Port of Newcastle P09.GE ... - - - .. - ... I - 9 ... Letter of Congratulations M04.GE - .. - ... - - - - 11 - September 29, 1997 Resolution #C-643-97 Moved by Councillor Scott, secondec by Councillor Pingle THAT the correspondence dated Sep,ember 15, 1997, from Robert and Anna Prentice, regarding the Port of New.:::~:k Marina and Proposed Casino, be received for information. "C.--\RRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-644-97 Moved by Councillor Dreslinski, seco:1ded by Councillor Novak THAT the foregoing Resolution #C-').!.:.-97 be amended by adding the following thereto: "and be referred to the Direcor of Planning and Development to be considered in conjunction v.~:h the subject matter." "CARRIED" The foregoing Resolution #C-643-97 ';\4.5 then put to a vote and CARRIED AS AMENDED. Resolution #C-645-97 Moved by Councillor Scott, secondec by Councillor Pingle THAT the correspondence dated September IS, 1997, from John O'Toole, MPP, Durham East, regarding the grand o~illng ceremony at the Courtice Community Complex. be received for information_ "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-646-97 Moved by Councillor Scott, secondec by Councillor Elliott THAT the foregoing Resolution #C-fY.5-97 be amended be adding the following thereto: "and that a copy of the correspondence be forwarded to the Library Board, the Library Staff and to the Community Services Department." "CARRIED" The foregoing Resolution #C-645-97 was then put to a vote and CARRIED AS AMENDED. Council Agenda COMMUNICATIONS I - 10 Charitable Gaming Initiatives P09.GE Ii' ... - 12 - September 29, 1997 ... Resolution #C-647-97 .. Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 19, 1997, from David H. Tsubouchi, Minister of Consumer and Commercial Relations and Marilyn Mushinski, Minister of Citizenship, Culture and Recreation, regarding the Ontario Government's Program relating to Charitable Gaming Initiatives, be received for information. .. ... "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... Resolution #C-648-97 iii Moved by Councillor Scott, seconded by Councillor Hannah .. THAT the foregoing Resolution #C-647-97 be amended by adding the following thereto: "and referred to staff for consultation with the municipality's local charities and preparation of a report, including breakdown of revenues, to be submitted to the General Purpose and Administration Committee. ... - "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote .. Yea Nav Absent "'" Councillor Elliott Councillor Dreslinski Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre - ... The foregoing Resolution #C-647-97 was then put to a vote and CARRIED AS AMENDED. .. ... .. ... .. .. - Council Agenda COMMUNICATIONS .. D - 2 .. Take Our Kids to Work M02.GE .. .. .. .. D - 3 .. Bridge Construction Cedarcrest Beach to Cove Road T09.BL .. .. .. D - 4 .. .. Kaitlin Marina Development Newcastle D14.DEV.96-004 .. .. - .. .. - 13 - September 29, 1997 Resolution #C-649-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski TI-IAT the correspondence received from Take Our Kids to Work 1997, be received; TI-IAT the Municipality of Clarington participate in "Take Our Kids to Work 1997", for the day on Wednesday. November 5, 1997; TI-IAT a copy of the correspondence be forwarded to Department Heads and staff be encouraged to participate in this Program; and TI-IAT Take Our Kids to Work 1997, be advised of Council's decision. "CARRIED" Resolution #C-650-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski TI-IAT the correspondence dated September 8, 1997, from David Ashcroft, 63 Cedarcrest Beach Road, Group 5, Box 36, RR #2, Bowmanville, LlC 3K3, regarding the bridge construction linking Cedarcrest Beach Road to Cove Road, be received; TI-IAT the correspondence be referred to the Director of Public Works to be considered in conjunction with the subject file; and TI-IAT David Ashcroft be advised of Council's decision. "CARRIED" Resolution #C-651-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski TI-IAT the correspondence received from Betty Brooks, 3697 Lakeshore Road, RR #8, Newcastle, LOB 1LO, regarding the Kaitlin Marina Development, be received; TI-IA T the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and TI-IAT Betty Brooks be advised of Council's decision. "CARRIED" Council Agenda COMMUNICATIONS D - 5 Proposed Golf Course- Barnoski DEV.97-059 D - 8 Kaitlin Marina Development Newcastle D14.DEV.96-004 D-lO Proclamation of YWCA Week Without Violence M02.GE .. - 14 - September 29, 1997 .. Resolution #C-652-97 .. Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 9, 1997, from Sharon and Dick Barnoski, Craig Court, regarding the proposed golf course located in Part Lot 13 and 14, Concession 3, former Darlington Township, be received; - .. THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file (DEY.97-059); and .. THAT Sharon and Dick Barnoski be advised of Council's decision. "CARRIED" .. Resolution #C-653-97 .. Moved hy Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated Se;:'tember 7, 1997, from Francis W. Jose, 3600 Lakeshore Road, Newcastle, LIB 1L9, regarding the KaitIin Marina Development, be received; ... - THAT the correspondence be referred to the Director of Planning and Development to be considered in col1junction with the subject file; and THAT Francis W. Jose be advised oi Council's decision. ... "C-\RRIED" ." Resolution #C-654-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski ... THAT the correspondence dated September 8, 1997, from Eva Martin Blythe, Executive Director, Young Women's Christian Association, requesting proclamation of YWCA Week Withe>ut Violence, be received; - THAT the week of October 19 - 25, 1997, be proclaimed "YWCA Week Without Violence" in the Municipality of Oarington and advertised in accordance with municipal policy; and ... THAT Eva Martin Blythe be advised of Council's decision. - 'C-\RRIED" ... .. ... .. .. Council Agenda COMMUNICATIONS .. D-11 .. Proclamation of Home Support Month M02.GE .. .. .. D - 12 - .. Advertising Policy M01.GE .. - .. D - 15 - Proclamation of Beautify Bowmanville Clean Up Day M02.GE - .. - - .. - - 15 - September 29, 1997 Resolution #C-655-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 15, 1997, from Sally Barrie, Administrator, Durham Region Community Care Association, requesting proclamation of Home Support Month, be received; THAT the month of October be proclaimed "Home Support Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Sally Barrie be advised of Council's decision. "CARRIED" Resolution #C-656-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 119, requesting an explanation of municipal policy regarding advertisement of proclamations in the municipality, be received; and THAT Evylin Stroud be advised that municipal policy is to advertise proclamations on the outdoor advertising board located by the sidewalk on the south side of the Municipal Administrative Centre. "CARRIED" Resolution #C-657-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Alyson Dupuis, requesting proclamation of Beautify Bowmanville Clean-Up Day, be received; THAT November 9, 1997, be proclaimed "Beautify Bowmanville Clean-Up Day" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT the correspondence be forwarded to the Public Works Department to be considered during Waste Reduction Week; and THAT Alyson Dupuis be advised of Council's decision. "CARRIED" Council Agenda COMMUNICATIONS 0-16 Proclamation of HIV/AIDS Awareness Week M02.GE 0-17 Speed Limit Hancock Road Between Bllor and Highway #2 T08.GE 0-20 Bowmanville Waterfront D03.BO WIllI - 16 - September 29, 1997 .. Resolution #C-658-97 .II Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Trudie Reid, Executive Director, AIDS Committee of Durham requesting proclamation of AIDS Awareness Week, be received; ... .. THAT the week of September 28 - October 5, 1997, be proclaimed "AIDS Awareness Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and ... THAT Trudie Reid be advised of Council's decision. "CARRIED" III Resolution #C-659-97 ... Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 19, 1997, from Steven M. Booth and family, 2119 Hancock Road, Courtice, LIE 2M3, requesting a reduced speed limit on Hancock Road between Bloor Street and Highway #2, be received; If1IIII THAT the correspondence be referred to the Director of Public Works for review and a report to be submitted to the General Purpose and Administration Committee; and ... THAT Steven M. Booth and famih' be advised of Council's decision. ... "CARRIED" .. Resolution #C-660-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski .II THAT the correspondence received from Ron Fitzsimmons, 127 Cove Road, Group 2, Box 55, Bowmanville, L1C 3K5, regarding the Bowmanville Waterfront, be received; .. THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and .. THAT Ron Fitzsimmons be advised of Council's decision. .CARRIED" .. Correspondence Item D - 22 was received as a handout. .. ... ... .. .. Council Agenda COMMUNICATIONS - ... - - D - 14 - Affordability and Choice Today Program M02.GE - - - - .. - .. - D - 19 - Proposed Closure Waverley Road T09.BL - - - - 17 - September 29, 1997 Resolution #C-661-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Barry and Anna Bragg regarding the sport of pigeon and pigeon flyers, be received; THAT Barry and Anna Bragg be advised of Council's decision in this matter. "CARRIED" Resolution #C-662-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 10, 1997, from lae Eadie, President, Federation of Canadian Municipalities regarding the Affordability and Choice Today (AC.T) Program. be recei\'ed; THAT the correspondence be forwarded to the Treasurer for review and report to be submitted to the General Purpose and Administration Committee; and THAT lae Eadie be amised of Council's decision. 'CARRIED AS AMENDED L>\1ER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-663-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the foregoing Resolution #C-662-97 be amended in the second paragraph by adding the words "the Director of Planning and Development in conjunction with" following the words "fOlwarded to." .CARRIED" The foregoing Resolution #C-662-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-664-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated Septelhber 22, 1997, from Mavis Carlton, Port Darlington Community Association Inc., regarding the proposed Westside Creek Marsh Plan including the closure of Waverley Road and purchase of Cove Road, be received; Council Agenda COMMUNICATIONS D - 1 Racing Pigeon Dispute P14.AN D - 6 Request for Financial Assistance F11.CH .... - 18 - September 29, 1997 .... THAT the correspondence be referred to the Director of Public Works to be considered in conjunction with the subject file; and ... THAT Mavis Carlton be advised of Council's decision. ... "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... Resolution #C-665-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott ... THAT the foregoing Resolution #C-66:'-97 be amended in the second paragraph by deleting the words "to be considered in conjunction with the subject file" and replaced with the words "for response: llIIIIl "CARRIED" .. The foregoing Resolution #C-664-97 was then put to a vote and CARRIED AS AMENDED. ... Resolution #C-665-97 Moved by Councillor Dreslinski, seconded by Councillor Novak ... THAT the correspondence dated August 6, 1997, from Dr. H. Yassein, 4 Craig Court, Bowmanville, LlC 4H6, on behalf of the Racing Pigeon Community of Clarington, regarding the racing pigeon dispute, be received for information. ... "CARRIED" ... Resolution #C-666-97 Moved by Councillor Dreslinski, seconded by Councillor Scott ... THAT the correspondence received from Norm Johnson, Coach of Academic Decathlon Team, Bowmanville High School, requesting financial assistance in order to send the Bowmanville High School to the Canadian Academic Decathlon Championship in Edmonton, Alberta, be received; .... THAT the request for financial assistaD\.'e be denied; and .. THAT Mr. Johnson be advised of the Municipality's grant process. "CARRIED" ... .. .... ... .. .. Council Agenda COMMUNICATIONS .. D - 7 .. Request for Financial Assistance Fl1.CH .. .. .. D - 9 .. .. Resolution re: Port of Churchill ClO.AD .. .. D-13 .. Education Tax Campaign F27.TA .. .. D - 18 -- Question on Ballot re: Provincial Downloading and Property Taxes C07.GE .. .. .. .. - 19 - September 29, 1997 Resolution #C-667-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated September 2, 1997, from David Coffin and Marsha Duggan, Hugh O'Brian Youth Foundation Eastern Ontario Alumni Association, requesting financial assistance for the Hugh O'Brian Youth Foundation Eastern Ontario Alumni Association to hold their community leadership education workshop, be received; THAT the request for a financial contribution be denied; and THAT Mr. Coffin be advised of the Municipality's grant process. "CARRIED" Resolution #C-668-97 Moved by Councillor Novak, seconded by Councillor Scott THAT the correspondence dated September 12, 1997, from Lorne Allard, Acting Mayor, City of Thunder Bay, requesting Council's endorsement of a resolution passed by the City of Thunder Bay pertaining to the Port of Churchill, be received for information. "CARRIED" Resolution #C-669-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence dated September 10, 1997, from Mason Bailey, Reeve, Village of Blyth, requesting that all municipalities communicate with AMO with a letter of support and encouragement for prompt action in the change in the taxation of property, be received for information. "CARRIED" Resolution #C-670-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated September 16, 1997, from M. de Rond, Clerk, Town of Ajax, encouraging the Council of the Municipality of Clarington to consider including a question on the ballet for the 1997 Municipal Election pertaining to Provincial Downloading and Property Taxes, be received for information. "CARRIED" Council Agenda COMMUNICATIONS D - 21 Invitation to Attend United Nations Day M02.GE MOTION NOTICE OF MOTION COMMlITEE REPORTS Report #1 GP A Report of September 22, 1997 ~ Item #4 Use of Clarington Name .. - 2(1 - September 29, 1997 .. Resolution #C-671-97 .. Moved by Councillor Dreslinsk:.. 5-econded by Councillor Novak THAT the correspondence dal~:':: September 22, 1997. from Ted Dionne, Co-Chair, Showcase Commitle~_ \1ulticultural Council of OshawaIDurham, inviting the Members of Counc':: :0 the opening ceremony of United Nations Day, October 18, 1997, be received: ::':-Jd ... .. THAT the Members of Counc'_ ::--e requested to advise the Mayor's office if they are planning on attending this =-.=,ction. IIIIi . CARRIED" ... J Resolution #C-672-97 ... Moved by Councillor DreslinsL ~conded by Councillor Hannah THAT the General Purpose ani Administration Committee Report of September 22, 1997, be approv;;-.i -with the exception of Items #4 and #7. ... . 'CARRIED " .... Resolution #C-673-97 Moved by Councillor DreslinsL ~conded by Councillor Hannah IliIIli THAT the Chief Administratjv~ Officer and appropriate staff review, research, in consultation with the Region 0:: Durham, and report on the use of the name "Clarington." ... ''C-\RRIED AS AMENDED I......A. TER IN THE MEETING" SEE FOLLOWING AMENDING MOTION) .. Resolution #C-674-97 .... Moved by Councillor Dreslinst:.. $econded by Councillor Novak THAT the foregoing Resoluticn :#C-673-97 be amended ~y adding the words "a policy regarding" following the ~ds "report on." IliIIli "CARRIED" lIIIIll The foregoing Resolution #C-iJi3--97 was then put to a vote and CARRIED AS AMENDED. lIIIIll IIIIi .. - Council Agenda REPORTS .. Item #7 - Rezoning - Gudelj D14.DEV.97-030 .. .. .. REPORTS - - .. - - - .. .. - - - - - 21 - September 29, 1997 Resolution #C-675-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-130-97 be received; THAT the application for amendment to Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, to permit the establishment of a home industry with outdoor storage, be approved and the use be limited to the manufacturing and sale of concrete lawn ornaments which is the existing use; THAT the by-law amendment be forwarded to Council for approval at such time as the applicant has entered into a Site Plan Agreement; THAT a copy of Report PD-130-97 and Council's decision be forwarded to Durham Region Planning Department; and THAT all interested parties listed in Report PD-130-97 and any delegation be advised of Council's decision. "CARRIED AS AMENDED" LATER IK TIIE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-676-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the foregoing Resolution #C-675-97 be amended as follows: . in the second paragraph adding the words "as a temporary use for a period of three years~ after the words "be approved." in the third paragraph replacing the word "the" after the word "that" with the words "a temporary use." in the fifth paragraph adding the words "and that the applicant be advised of the terms of the temporary use." . "CARRIED" The foregoing Resolution #C-675-97 be amended by adding the following: "THAT the applicant be advised that the temporary use will cease upon his retirement from his business: "CARRIED. THAT the foregoing Resolution #C-675-97 was then put to a vote and CARRIED AS AMENDED. Council Agenda REPORTS Report #3 Road Closure Ridge Pine Park T09.RI Report #4 Solina Road Improvement Agreement L04.S0 ... - 22 - September 29, 1997 ... Resolution #C-677-97 ... Moved by Councillor Scott, seconded by Councillor Pingle THAT Report WD-60-97 be received; .. THAT Parts 1, 2, 3, 4, & 6, Plan 40Rl7767, being parts of the unopened road allowance between Lots 2 & 3, Broken Front Concession, former Township of Darlington, be declared to be surplus property; .. THAT Parts 1, 2, 4, & 6, Plan -WRl7767, be stopped-up, closed and conveyed at the established selling price as follows: ... Part 1 - $ 87.00 Part 2 - $1,375.00 Part 4 - $ 45.00 Part 6 - $ 320.00 Ontario Hydro Ridge Pine Park Ontario Hydro Ontario Hydro .. ... THAT Part 3 be conveyed to the Ministry of Transportation at no cost to M.T.O.; THAT Ridge Pine Park, the applicant, be responsible for all costs associated with this transaction; ... THAT staff be authorized to advertise a public hearing required by the Municipal Act to stop-up, close and convey the unopened portions of the road allowance declared to be surplus property: ... THAT, if following such Hearing. Council approves the by-law to stop-up, close and convey Parts 1, 2, 4 & 6 tc Ridge Pine Park and Ontario Hydro, and convey Part 3 to the Ministry of Transportation, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; ... .. THAT the Clerk obtain written approval of the by-law to stop-up close and convey Parts 1,2,3,4 and 6, Plan 4OR17767, by registered mail from the Regional Municipality of Durham; and .. THAT Roger Howard, Ridge Pine Park Inc., and Cynthia Tsai-Liang, Ministry of Transportation of Ontario, be amised of Council's decision. .. "CARRIED" Resolution #C-678-97 ... Moved by Councillor Novak, seconded by Councillor Pingle THAT Report WD-61-97 be received; ... THAT Council approve the payment of $16,000 to the parties Louis Aldrovandi, Lino Aldrovandi and the estate of Guido Bruni subject to the Municipality and the parties entering into an agreement substantially in the form attached to Report WD-61-97 as Attachment 1'0. 3: .. .. III .. .. Council Agenda REPO RTS .. - .. .. .. Report #5 - Rickard Recreation Complex Site Works R05.RI ... .. - .. Report #7 .. Rickard Recreation Site Works .. .. - .. .. .. - 23 - September 29, 1997 a) Releasing each other from any further obligations under the September 29th, 1978 agreement. b) For the indemnification of the Municipality should it be established that the representations of the parties are inaccurate that (i) the money had been paid to the Municipality, (ii) the money had not been previously paid back to the parties or (iii) the parties are the proper recipients of the return of the mone\"_ mAT a by-law be passed to authorize the Mayor and Clerk to enter into this agreement on behalf of the Municipality. -CARRIED" Resolution #C-679-97 Moved by Councillor Hannah, seconded by Councillor Novak mAT Report CS-1O-97 be recep,-ed: and mAT the additional funds required to complete the site works necessary for the twin pad of the Rickard Recreation Complex, approximately $575,000 be approved and financed from the ImpactlEscrow Reserve Fund Account #5001-500-X. "CARRIED" Councillor Novak made a declaration of interest with respect to Report #7; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that one of the companies mentioned in the report has business dealings with her company. Resolution #C-680-97 Moved by Councillor Dreslinski. seconded by Councillor Hannah mAT Report TR-90-97 be received for information. "CARRIED" Resolution #C-681-97 Moved by Councillor Dreslinski. senmded by Councillor Novak mAT the Chief Administrative Officer review the Municipality's pre- qualification policy and report bad: to the General Purpose and Administration Committee. "CARRIED" .. Council Agenda - 24 - September 29, 1997 IIiII UNFINISHED BUSINESS Resolution #C-682-97 ... Moved by Councillor Dreslinski. seconded by Councillor Novak THAT the delegation of Libby Racansky be received and referred to staff in consultation with Councillor Hannah; and .. THAT, if it is determined that new information has come forward, the issue be pursued. IIiII . CARRIED" ... UNFINISHED BUSINESS Resolution #C-683-97 1 IlIIIi Moved by Councillor Dreslinski. seconded by Councillor Pingle .. THAT the delegation of Bev Ferguson be acknowledged. 'CARRIED" ... BY-LAWS Resolution #C-684-97 ... Moved by Councillor Hannah. seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: lIIlIi 97 -198 being a by-law to a5..'illID-e certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; ... 97-199 being a by-law to amend By-law 91-58, as amended, being a by-law to regulate traffic on highways, municipal and private property in the Municipality of Claringron; ... 97-200 being a by-law to autilorize an agreement to enter into a partnership between the Corporation of the Municipality of Clarington and the members of the Otta\\-a-Carleton Municipal Applications Partnership, for the joint development of Geographic Information System Applications; ... .. 97-201 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and SHL Systemhouse Inc., Ottawa, Ontario, for the purchase of Geographic Information System Software and Applications; ... ... 97-202 being a by-law to authorize a licence, maintenance, and escrow agreement between the Municipality of Clarington and Vailtech Inc., Nepean Ontario, for the purchase of Tax Software; ... .. .. III Council Agenda BY-LAWS .. III III .. .. .. OTHER BUSINESS .. Regional Update Boards/Committees .. .. .. .. .. III - .. .. - - 25 - September 29, 1997 97-203 being a by-law to establish an interest charge on overdue accounts and for prescribing the amount of such charge; and 97-204 being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Louis Aldrovandi, Lino Aldrovandi and th~ Estate of Guido Bruni. "CARRIED" Resolution #C-685-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 97-198 to 97-204 inclusive, be approved. "CARRIED" Resolution #C-686-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the Regional Update and the CommitteelBoards Update be deferred. "CARRIED" Councillor Novak made a declaration of interest with respect to the Rezoning Application submitted by Joe Domitrovic; vacated her chair and refrained from discussion and voting on the following matter. Resolution #C-687-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the Planning Department review the entire Rezoning Application submitted by Joe Demetrovic and submit an information report to the General Purpose and Administration Committee. "CARRIED" Councillor Novak made a declaration of interest earlier in the meeting and refrained from voting on the Confirming By-law. Council Agenda IIIIii - 26 - September 29, 1997 ... CONFIRMING BY-LAW ADJOUR.-/l,JMENT Resolution #C-688-97 lIIIlI Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-205, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of September 1997, and that the said by-law be now read a first and second time. IIIlIIi .. "CARRIED" Resolution #C-689-97 .. Moved by Councillor Hannah, seconded by Councillor Dreslinski ... THAT the third and final reading of By-law 97-205 be approved. "CARRIED" lIIIlI Resolution #C-690-97 ... Moved by Councillor Pingle, seconded by Councillor Scott ... THAT the meeting adjourn at 11:54 p.m. "C"-\RRIED" lIIIlI ., MAYOR .. ... CLERK ." .. IIIlIIi .. .. .. COUNCIL INFORMATION llJr.~ ('ll r~ 'llCr '0W --i. '~'~--i\\ ~,".!!\~-~ '"' .IJ..:.JJ OCT 3 2 04 PM '97 OCT 0 2 1997 1-1 .. .. MLlNIClPALlT'! Of CLARINGTON MAYOR'S OFFICE .. ... 38 Beech Avenue Bowmanville, Ont., LIC 3A2 Oct. 1 1997 J~GENDA .. Dear Mayor Hamre; ... .. As convenor of the recent All-Ontario Pee-Wee Baseball Championship tournament I had the occasion to deal with a number of the people who work for the Municipality of Clarington. I am most pleased to report that in every case I was met with geniality, co-operation, and a genuine effort to help us make the tournament a success. ... ... I would like to thank Patti Barrie and Joe Carauana for their help and direction in getting things set up and Joe Kennett for all his work in scheduling and re-scheduling diamond time for us. ... Particular thanks is offered to Gary Cox and his crew who went way beyond the call of duty in keeping the' ball parks in immaculate shape throughout the week-end. Many of the managers have called to compliment us on the tournament and mentioned particularly how good the diamonds were. ... ... - On behalf of the Clarington Orioles Baseball Club, I extend a big thank you to the town staff for their efforts. ,---------------- ---- -----.-- I OIST.M3UT10N I CLERK!.1:l -- I . . I ACK. BY _ i OR'r,t''', ~~ ~sf I. =-_________1___ -1 \-.---.- - t \-.-.--------.-. \-- I I " L.._---~-- --.. 'l--~ I ;' 4_-____.______.....: -~ !-.-;.:----o V)rz--=- t , .~~--_...- ~....~., . ..... ..;,..~.~a..~;;.:....~4.......4...._._...A..._ .... Sincerely yours, L~o I. - ... .. Don MacArthur, tournament convenor - ... .. ... ... ... .. ... .. ... ... ... ... ... .. ... .. .. - - - .. In Case of Transmission Difficulties, Please Call 416-863-2101 Please Deliver To: MUNICIPALITY OF CLARINGTON COUNCIL INFORMATION SEP 29 10 02 ~11 '97 1-2 Ministry of Municipal Affairs and Housing Office of the MInister 777 Bay Street Toronto ON M5G 2ES (416) 585-7000 Mlnlstere des Affaires munlclpalee et du Logcment Bureau du ministre 7n rue Bay Toronto ON M5G 2E5 (416) 585-7000 ~ 0.113(10 AGENDA September 23~ 1997 To all Heads of Council: I am writing to bring you up to date on mY' commitment to providing you -- as quickly as possible - with more detailed numbers related to Who Does What. I am pleased to let you know that ministry staffwill be writing to all municipalities to arrange meetings at which all municipalities will be able to review their own numbers with representatives of the various Who Does What ministries. Our plan is to hold meetings for upper-tier, lower-tier and separated municipalities in every geographic county, region and district in the province. The meetings will start on October 6. and will continue until the entire province has been covered. At these meetings~ you will have a chance to discuss the assumptions used in preparing the Who Does What financial numbers, and you will get more infonnation about your own individual circumstances. These meetings will be the first of many opportunities for you and your staff to discuss Who Does What with provincial staff. Staff of all the relevant ministries will be available to work with you over the next several months as municipally and provincially we prepare for our changing roles. Let me tell you what has happened since the AMO conference. Early in September, government staffmet, at the request of the Provincial-Municipal Impleme~tation Team (PM IT) and the Social and Community Health Services Implementation Team (SCHSIT) with a group of municipal CADs. Some were appointed by the Large Urban Mayors group, some by the members of PMIT and some by the members of SCHSIT. For three full days, this group looked at all the numbers, with provincial staff available to assist. The CAOs raised a number of issues which were then presented to the two Implementation Teams last week. The teams will consider their comments, and pass alo~ their best advice to the province. We will do our best to provide the infonnation they request. ,-. III - 2 - III Just yesterday, my colleague John Snobelen the Minister of Education and Training, introduced legislation to reform Ontario's education system. Among other things, he announced that residential property tax rates for education would be set province-wide. The annOWlcement of this decision moves us a step closer to knowing exactly what the effects of Who Does What will be municipality by municipality. III ... In the meantime, there are other decisions still to be made, including how the two fWlds -- the Community Reinvestment Fund and the Municipal Capital and Operating Restructuring Fund -- will be allocated. We are still looking for advice from the two teams on the principles on which to base allocations. But we expect to be able to announce decisions on these issues in the not too distant future. III .. The teams have also been looking at a number of other issues. For example, the Provincial- Municipal Implementation Team recently discussed principles related to the transfer of responsibility for assessment services, and we look forward to receiving their advice. III Who Does What is part of the government's plan to make both the province and municipal governments work better for taxpayers. Simpler, smaller, more accountable, less costly govemment -- at both levels -- is the key to a better economic climate and job creation. That's good news for all the people of Ontario. I look forward to working with you toward that goal. III III Sincerely, II1II I i i I ACK. BY.. ._..... j OR!ijifUil T'. f~~E:~ ~I~~~~r:--=~ --~. J.-....-...---.-. _._~._..._-_. -/.-.....---- ! ; I i~ - ......~-~.. .~~-:.:~-.~:-~ ---.----~~..~ - 1 : ..- "0'., .._........... ..u...: ____. ~ t-... .. -.-...-. .q"j ----1 t'--.. "___,, .. I 1 ... ".- '..........-.-....:-----4 ;:'_~',; l~jD~ert=.~~'l - - . . ....."..._<<,.._.1....,-cu1'l!J:,.~~...,t - -[-.~~.;.~~~;/l!i~r~:;---.---; u::;: ;.0....::";....-. . . "-'~ I ' ~ I i '1 'of CLEr~(~ .. ...._.. --...--- ... .. .. fIIIII .. III II1II .... III IlIi ~~omgeam Bringing Toronto Togetlur Yonge Corporate Centre 4110 Yonge Street, Suite 502 S .2 North York, Ontario M2P 2B7EP Tel: (416) 338-7000 Fax: (416) 338-7050 COmNGIL INFORMATION IB1J(CJJIIWml) SEP 2 5 1997 1-3 .. E-mail: c:ommenta@newtoronto.com Website: bttp:llwww.newtoronto.com Alan Tonks, Chair ~~OtAH '97 Lois Griffin Paul Sutherland John Wunbs ~U~CIPALlTY Of CLARINGTON MItYOR'S OFFICE .. ..~..J-~ENOA , \\ \:011 No.9. September 22,1997 .. BULLETIN - .. Transition Team J7ovides-Itfp-uroti-mll-l~8- - On September 18, Transition Team members appeared before the province's Standing Committee on General Government to provide input on Bill 148, The City of Toronto Act, 1997 (no. 2). Bill 148 is companion legislation to The City of Toronto Act 1997 (no. i), passed in April. - .. The Team was represented by its Chair Alan Tonks and members Michael Gee and Paul Sutherland. In his remarks to the Committee, Mr. Tonks said Bill 148 was necessary to, "ensure a seamless transition, continuity of services and predictability of access to decision-makers and service providers." ... The legislation, which has passed Second Reading, would provide the new city with the legislative and administrative authority it needs to perform the roles, responsibilities and services residents expect from their municipal government. - - The Team members recommended that the Bill be amended to further assist the transition to a unified city. The six amendments proposed would: .. . Maintain traditional levy setting and installment due dates by enabling the city's Treasurer to set the 1998 interim levy and installment due dates prior to December 31, 1997, subj ect to confirmation by the new council. .. Ensure that the Treasurer has the authority, if needed, to borrow on an interim basis on behalf of the new council prior to December 31, 1997, subject to the new council's confirmation. .. .. . Maintain insurance coverage for public assets during the transition by enabling the Chief Administrative Officer to arrange for interim insurance coverage on behalf of the new city until such time as the incoming council can deal with the matter. ,. - .. ... 1-,,, . Ensure the new Toronto Historical Board can continue to issue tax receipts for charitable donations. ... · Help ensure the new city does not inherit a backlog of proposed amendments to zoning by-biws; secondary plans, official plans and site applications. ... · Promote a broader diversity of interests on the new Toronto Board of Health by exempting it from those provisions of the Heath Protection and Promotion Act which limit the number of its members. ... ... New Toronto Together survey results reveal local tax concerns linked to new City .. A majority of people within the metropolitan Toronto area expect local taxes will increase as a result of municipal government unification~ according to the third wave of results from a public opinion survey commissioned by the Toronto Transition Team. ... ... Some 57 per cent of respondents said they expect their municipal tax bills to go up next year, when seven existing municipalities are unified into a new City of Toronto. Of that figure, about 20 per cent of respondents expect municipal taxes will increase "substantially," while 37 per cent expect taxes to increase "somewhat." .. Transition Team to make minutes of public consultation meetings available .. Copies of the minutes for each of the public consultation meetings on Community Councils and neighborhood committees will be available shortly. The Toronto Transition Team held the eight public consultation meetings between June 17 and July 10, 1997 at municipal buildings across the metropolitan area. .. .. The minutes provide a detailed overview of the proceedings of each of the eight meetings. They list the name of each presenter and the organization which he/she represented, and highlight the main points of each presentation ; -. ~:.~.;:.;-=----_.:._~,._;._-: "-...... .,;--., Copi~ .of the minutes will. soon be dis~buted to everyone w~~ made submi+i~~; ~ ~ L..: T} 0 r.. I TransitIon Team. They will also be 'V311able from the TranSition Team Offi~.~;.:;,~y:-~ :- --- '--".-. - .- -... - ----.-- - - -.-...- I i .. -----..-- ----.._- -----.\ - : u._._...__.._.... 2____.__! ,. -. . -- - - _-__: ..___.__!!flI :. -'-. -'- - ---- ----- ..--'----.-----j . . . --. .' .-.--.07~L~C_ .. -- -- .I::t.--.J.:!!?_:.__:;.. ::=._::-~-~~- III .. .. .. - .. .. .. .. .. .. .. .. .. .. - .. - .. COUNCIL INFORMATION 1-4 SOLINA COMMUNITY CENTRE BOARD QUARTERLY MEETING SEPTEMBER 15, 1997 SEP 29 There were 8 people in attendance: ID 02 ~H '97 Chairperson - John McAlpine Sec/Treas. - Deanna MacDuff Recreation - Rob Johanson - Herb Tink Park - Cheryl Lupton - Sherry Baker - Pete Keuning Member at Large - vi Ashton John opened the meeting, and the minutes of the previous meeting were read. Sherry moved that the minutes be accepted as read, seconded by Rob and passed. The financial statement was presented and discussed. There was a clerical error in_distribution of revenue and expenses for Solina Day. This will be corrected. Sherry moved that the financial statement be accepted as presented. Rob seconded the motion and it was passed. COMMITTEE REPORTS Recreation Committee Herb informed us that there was a new soccer team added this year. The season ran well ,for all. The annual awards night will be held on September 22, 1997 at 6:30 p.m. Park Committee The park has had more rentals this year. There were some major problems with the GM Truck plant however, and some serious thought has to be given as to whether or not we should allow them to use our park in the future. Also, similar problems have been experienced with the GM maintenance department. It will be up to the new park committee to determine what should be done with these two groups. John informed us that it was not necessary to replace the hot water tank, thereby saving some money. Hall Committee There was no representative present for the Hall. John however, told us that windows were broken in the hall this summer by vandals. The damage was minor, and has been repaired. .. The kitchen floor was replaced this summer, and the carpet cleaned. .II Herb moved that the reports be accepted, seconded by Rob and passed. WI NEW BUSINESS ... It was decided that Luke who have moved secretary/treasurer period of 10 years. for many years. we should buy a gift for Marion and Bruce out of Solina. Marion was. . of the Hall Board and later the SCCB for a They have both been active in the community ... Sherry Baker moved that John should receive the vi Ashton award this year for all the work he has done in the community since he moved in. This was seconded by Cheryl Lupton and passed. ... tIIIIIi Julie Simon of 28 Hillside Dr. has requested the use of the Hall for an hour 1 or 2 nights a week for a 6 week period. She would like to start an aerobics exercise class for the ladies in the community. The rent for this period will be based on $1.00 per person per night. ... vi Ashton extended the profits of the November 2, 1997. with vi. an invitation to the SCCB to assist and share Beef dinner with Eldad again this year on The SCCB accepted this offer, and will work tIIIIIi ... The date for the annual meeting has been set for November 24, at 7:30 p. m. Donna will be approached to send out a news letter announcing this and any other events or news around the' end of October. tIIIIIi Rob moved that the meeting be adjourned. ... r'-!l ("'1"'- : .... T' -- , I ..- \....) r~.J I I (.II'~ ! CLEFi; '-~~J.._______.__ I .LiCI<. BY ... i i 1- _:~I_dr~~ ~!!~_~..:n':..___~:.. _0._- ; cor'iES fO. --', 1-. --....-.--.-----."1-- _u_... ---1 !.__noo '--'-" -- -- _1.______.__-1 :-___.~._.....,.....a~..,._'_..a ,_-.._p_',,~ i _ .___'_._"~___Ii :1,;_ I -- '~-"----i . ..._._-~ ._u_.___.__j r.: ...~_.:-_..-.::-:.-.-~....--~:.~:.j~-----l ! j I r~_._:;';"CQG;-~~.~_l . --....~~_......----,--_.__.. '-"'-"'~ ... tIIIIIi j . ! .II .. III ... .. UlIl ",O/lllUlLI J.J.: IHI t'll ~U(HI7 4:!14~ CORPORATE SERVICES ~uuz ".. .. COUNCIL INFORMATION 1-5 .. The Corporation of the City of Brampton Office of the Mayor SEP Z9 to 02 an '97 .. Peter Robertson J Wellington Street WeSI 8rnmpton. Ol1rurio L6Y 4R2 Tel: 905/874-2600 F.\X: lJlJ5/874.26211 .. AGENDA September 24, 1997 .. .. The Honourable Michael Hams Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A lAl .. Dear Mr. Premier: .. I am writing to forward a motion passed by the Brampton City Council at our regular meeting of Monday, September 22, 1997. .. In preparing this resolution and communicating it to you, we have done so in a spirit of cooperation and partnership. We have supported the aims of your government to reduce the size and complexity of government, to make it more accountable and more efficient, and to reduce taxes. In Brampton, we have worked very hard to do all of these things and, by and large, have been successful. - .. In the past three years, we have completely reengineered our administrative functions and service delivery. We have instituted a cost containment program which has saved Brampton taxp~yers $2.4 milJion. We have held the line on taxes for the past five years and indeed (ast year delivered a tax decrease. We have done this while absorbing a provincial grant withdrawal of$10.8 million .. .. We want to continue to work in close accord with your government and the other municipalities of the Greater Toronto Area and that is why we have taken pains to understand the financial constraints faced by your government and the new amalgamated City of Toronto. f--.--------------- __ _ __ _. "_" I DiSl~UTION I We believe that the best solution to a problem is one that deals directly with tryeCii:RK 17!d..__.__..__ ...._ I issue and one that disappears once the problem is solved. The simplest and mp~!", f" . I sensible solution is to provide the new City of Toronto with support money to! . ",r~ . r j give it time to generate the necessary savings from efficiencies. L:2::~~~!~~~u:~__._..:. ~~~.:.:.:::::...) ! COP, ~'. ~~ T;- ' 1-----.--. - i ~ -- ,........ ... ..-. . .. .. - ~-_._--"._. . -. - '~'" -..-. "~.,, i ".- . .~-...... .'..., - -, ..-.....-..-......\ i '-. ....---.-.. - r .'. ,- .'-',-- . ;...--..---...1....:.1 , , ...........-. .- ..- . -. . . ".1.- ....-.-.-----~ .' ~- .-;~';' -~(:.. (g::~(!0,.:~~--! - VUI "VI 0' .a,.IU",I.LJ.. U I rA.A. ~U,;)O I "'''J.4V ~UKYUHAlh ~~KV1~~~ 19J UUJ ... .... Page 2 ... ... This idea has worked before. lit the I 970s, when the provincial government created regional municipalities. it recognized that there would be some extraordinary costs for a few years Wltil efficiencies were gained and so provided transitional funding. We are suggesting the same for the new Toronto. .. According to your own provincial estimates. pooling will transfer $276 million from 90S-area municipalities to the new Toronto. Efficiencies from amalgamation will generate $300 million in savings for Toronto. For the province to create a three-year transitional fund to be phased out as those efficiencies are found would be a self-correcting mechanism. ... .... Direct provincial transitional fmancial support to Toronto is both direct and temporary. It can be tied to performance and financial standards. As well, time limits can be established at the front end to ensure full municipal level accountability . .... - One of the goals of your government in its restructuring exercise was to disentangle government. Pooling does not do this. In fact, it entangles to the highest order. We believe that we have developed a solution that works in full harmony with your government. We trust that you will support this initiative. ... Sincerely, - ~ .. .... Peter Robertson Mayor Attachment ... cc AI Leach. Minister of Municipal Affairs GTA Mayors Joe Spina, MPP Tony Clement. MPP ... till till .. ... - . ... .. - ... .. .. .. - .. .. .. ... .. .. .. - - - ... v ((,I I ,"vI U ~..L~~~.J... ,v~.r_~~.u~~~~lI~ _ _ \,U1U'UKI\U\ ,:,r,lH .L\,r,,:, ~vv" RESOLUTION THE COUNCIL OF THE CORPORATION OF THE CITY OF BRAMPTON DATE: September 22nd, 1997 "WHO DOES WHAT" IMPACTS ~A BRAMPTON PERSPECTWE. SUBJECT: RESOLUTION # mE: 075 MOVED BY: Regional Councillor P. Palleschi City Councillor L. Jeffrey SECONDED BY: Whereas the Government of Ontario has stated their intention of introducing pooling across the Greater Toronto Area as a method of dealing with Metropolitan Toronto's sodal costs, and Whereas the Minister of Municipal Affairs has stated tbat the provinces' ultim.ate goal is to get all income redistribution progratnS off the property tax, and Whereas the province's stated principles of disentanglement, fairness, and revenue neutrality are endangered by pooling across the Greater Toronto ~ea,aDd . Whereas we recognize that the new City of Toronto will require interim financial support, BE IT RESOLVED THAT, We hereby urge the Provincial G01'ernment to provide trBusidonal support to the new City of Toronto and eliminate GT A pooling and that this resolution be forwarded to the Premier, the Minister of Municipal Affairs, area MPPs and all GT A municipalities, for their consideration. CARRIED . ~ Mayor Peter Robertson ... .. - .. - .. .. - - .. .. .. ... .. - - - - - COUNCIL INFORMATION 1-6 Ministry of Municipal Affairs and Housing Office of the Minister Ministere des Affaires municipales et du Logement Bureau du ministre UlI!ccmnWTIiID ~ . SEP 2 6 1997 SEP Z9~ '97 777 Bay Street Toronto ON M5G 2E5 Tel (416) 585-7000 777 rue Bay Toronto ON M5G 2E5 Tel (416) 585-7000 -..AUNiC6PALlTY OF CLARING10N MAYOR'S OFFICE ~',uENDA September 23, 1997 Her \V orship Mayor Dianne Hamre Municipality of Clarington 40 Temperance Street Bowmanville ON L 1 C 3A6 Dear Mayor Hamre: Council of the Municipality ofClarington recently passed Development Charges By-law 96-174 which was forwarded to the ministry for review. It is important to note that any by-law approved pursuant to the Bill 20 amendments to the Development Charges Act (DCA) will be in place for only a short period of time. Bill 98, which has recently received Second Reading in the legislature, is intended to replace the existing DCA. There is a provision in this bill which, if passed in its present form by the legislature, would terminate all by-laws existing under the current Act at the end of a transition period of 18 months after Bill 98 comes into force. A review of the application and supporting documentation has been completed. Pursuant to subsection 3(8) of the Development Charges Act, By-law 96-174, adopted by the municipality and attached to this letter, is approved. ____m__._ -.. Sincerely, I CH-=-:;T~UTION ! CLERK 1..1:::l_____._ I 1 A.(I( Hi' I OI~I/O"J~' .- Q . I . f~ '.:::t ':~\L ~ : h._ f r-C(IJ;i::, --i -;~---. -.--.. ..-----; fU5lJc..-iy;;;Jza ~"--'--:7:-,; "'J=;, ;',- ;- ..------~ -,- ~v.-:-.-----l I i j ,.......- - - - --h."i------------"( ~ "'_'_0.' - - - --.--.....--1 I !-.-.... '.-.' ""-1 '\ l,....., .j. _. _,&...".......,.~ [~__'4_' --....----.t.__-... ::~ '-......-- -----...-=.--.T...-t'r7,;----~ . I;: 1--02- . uE . ~ ,1.. { ~ ." . Al Leach Minister Attachments I" D ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTO BY-LAW 96- 174 being a by-law to amend By-law No, 92-105 (the Development Charge By-law), as amended to permit a credit to be given against the amount of the development charge for the provision of a designated service and to add the development of a parkette to be located on lands comprising Block 31 Bon .. draft plan of subdivision 1BT-B9037, and the development of a nelghbourhood park and a parkette to be located on the lands comprising Blocks 305 and 306, respectively, on draft plan of subdivision 1 BT-9B023 to the list of .deslgnated services., ... ... WHEREAS the Development Charges Act, R.S,O. 1990 c.D.9, permits a Municipality to provide In lis Qevelopment Charges By-law that a development charge shall be payable In money or by the provision of services or by a combination of both as may be agreed upon .. under subsection 9(9) by the Municipality and the owner and Ills expedient to add such a provision to By-law 92-105, as amended; I " ! AND WHEREAS the "designated services" for which the Municipality-wide development charge are Imposed by By-law No, 92-'05, as amended, are set out In Schedule .B. of the By-law; AND WHEREAS It Is expedient to amend Schedule "B" of by.law No, 92.105, as amended to Include In the list of "designated services" the development of a parkette to b_e located on lands comprising Block 318 on draft plan of subdivision 18T-B9037, I':td the development of a nelghbourhood park and a parkette to be located on land compr!St"!J Blocks 305 and 306, respectively on draft plan of subdivision 1 BT-95023; NOW THEREFORE the Council of The Corporation of the M~niclpality of Clarlngton hereby enacts as follows: . ... ... ... i 2. I I ! , ili 1. THAT a new section 12 (A) be added to By-law 92-105, as amended, as follows: "12(A) For the purposes of this by-law, Development Charges Imposed pursuant to this by-law, for the designated services of developing a ... parkette to be located on Block 31 B on draft plan of subdivision 1 BT- B9037 and a nelghbourhood park and parkette to be located on Blocks 305 and 306 respectively, on draft plan of subdivision 1 BT.95023, shall be payable In money or by the provision of the services or by a IIIIIIi combination of both as may be agreed upon under subsection 9(9) of the Act by the Municipality and owner." THAT Schedule .B" of By-law No. 92.105, as amended, Is amended by adding at the end thereof the following: ... .... "For the purp~se of this by-law designated services for which Ii development charge Is Imposed Include the development of a parkette to be located on Block 31 B on draft plan of subdivision 1BT.S9037, and the development of" nel~lhbourhood park and parkeUe to be located on Blocks 305 and 306, respectively, on draft plan of subdivision 1ST -95023. .-" ... " By-law read a first and a second lime this 30th day of September1996. By-law read a third and finally passed this 30th day of September 1996. .. ... , .. ~~~.. : . DOp _.- ..?I~rk I, -1IfII , ; ...,!-#';...J' .:tor'_~_ 1.-~~ 1iI.' . ... COUNCIL INFORMATION r '[HE CORPORA ,[ION. OF '[HE TOWN. OF WHITBY In the Regional Municipality of Durham 1-7 .. - Telephone 905-668-5803 Toronto 905-686-2621 Fax 905-686-7005 OCT 3 2 07 PH '91 MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Canada Ll N 2M8 .. .. .. Sept. 30, 1997. File: A-2112 .. .. The Municipality of clarington, 40 Temperance Street, Bowmanville, ontario. L1C 3AG .. Attention: Patti Barrie. Clerk .. Re: Proposed Annexation of the Town of Whitby by the City of Oshawa - As requested, please find enclosed herewith a copy of By-law No. 4070-97 as passed by Whitby Town Council at a meeting held on September 29th, 1997. .. .. By-law No. 4070-97 is a by-law to submit a question to the electors in the 1997 Municipal Elections in Whitby to have an expression of views on the matter of the proposed annexation of the Town of Whitby by the City of Oshawa. .. If I can be of any further assistance, please do not hesitate to contact me at your convenience. .. DGMjmjb Enclosure 1 DIS-t)j)fl.': .. i.J'TII:)-~~---I. ! ~I /.7/J l~i>- ~ -"-~I I -6J I L. ~~ ~:~::" ..,. :. .. 0., _. t I _" ....~.".. ..~._--,_.... I CClf< .--_.~! r----.- ,.. . ........... ~_j, 1'"..----- ....-- -- : ! , . !-..n_--n__..__'i f.--..... .."'........ ~.. ..:-_...._.___..._....._~ I ( J ,I r-------- "- ... .-. . .'. - --- .....--.-4 I I. r.---- --~ -; - . .~--.---~ r---'- - - -- '-..- ---' .---- . .1. .-----.----.-1 j..___ _h. _ _ _ I I 1-------_. -- . -.. ...-~~~~._J~:~.~~~~==l 1---...'71'-'---~'-- .!.~----1 I "i q rL-Q / '~ ._-.-...::.:_:-:---.:. _~_~.. -c;:.......-u_,~ . ..h.__.__..~._.......~. '_'_.' - .. .. .. i .. ... THE CORPORATION OF THE TOWN OF WHITBY ... BY~LAW NO. 4070-97 ... BEING A BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS IN THE 1997 MUNICIPAL ELECTIONS ... WHEREAS, Subsection 8(1) of the Municipal Elections Act, 1996, as amended, provides that the council of a municipality may pass a by- law to submit to its electors a question not otherwise authorized by law but within the council's jurisdiction; .. .. AND WHEREAS, the Council of the Corporation of the Town of Whitby considers it desirable to have an expression of views of the electors on the matter of the proposed annexation of the Town of Whitby with the City of Oshawa; ... ... NOW THEREFORE, the Council.of the Corporation of the Town of Whitby enacts as follows: ... ... 1. The following question shall be submitted to the electors in , the 1997 municipal elections in the Town of Whitby: ... "Are you in favour of eliminating the Town of Whitby as a municipality and being annexed as part of a larger City of Oshawa.? " ... ... BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF SEPTEMBER, A.D., 1997. ... 7(~)ad!J ... MAYOR ... .. ... - _:31 EST; ASSOCIATIOn OF?-} J-97 rUE 05:08 PM AMO 9856234169 CLERH-Clarington Nun Page BB2 FAX NO, 4169716191 P. 01 COUNCIL INFORMATION 1-8 L' rm10. Association of \ ['1.>0 Municipalities _._.\ ..ltrt. _ of Ontario - Member communication -For Your ... 6nform ation :IllS \Jnlverw1ty Av"mJIt, sull. 1701 Toronto, ON MIG 11<6 Tel: (0418) 871-11858 . f.x: (418) 011-11191 em.lI: .moG,,,,o.munlcom.com t .~.l ,I t ~~': - For Immediate Attention " " :; .. AMENDMENTS TO USER FEE REGULATION .. THE ISSUE: - Minister Leach has amended Ontario Regulation 26/96 to further limit how municipalities can implement user fees. - FACTS: .. - The new regulation: . prohibits municipalities from charging user fees to vendors and manufacturers for the disposal, collection, reuse and recycling of waste materials. User fees for waste management can only be charged to the "person who, directly or by means of an agent, discards the waste, . . . .It . prohibits lower~tier and single tier municipalities from charging upper-tier municipalities, school boards and other local boards for the conduct of elections and the collection of taxes; this change does not affect the recovery of costs related to questions on a ballot as requested by an upper- tier or local board, and, . prohibits municipalities from charging for the allocation of sewer and water capacity. .. .. - STATUS: The regulation, which amends Regulation 26/96 was filed on September 22, 1997. The Ministry of Municipal Affairs and Housing mailed copies of the regulation to municipal clerks last week. MMAH staff contact is Philip McKinstry, Municipal Finance Branch, (416) 585-6305. .. - This information is available through AMO's MUNICOM network at www.municom.com. - For further Infonnation contact: Pat Vaninl, Senior Policy Advisor, Policy & Government Relations at (416) 971.9856 ext. 316 or email: pvanlnl@amo.municom.com - For fax transmission: Lilian Cheung at (416) 971.9856 ext. 308 or email: Icheung@amo.municom.com Ploe ,,, 6oplambl! SQ, 199; .. --.---.;- .. o -<i . B O..e COUNCIL INFORM nON . : ,0 [j '~ .~ ~JM00- 1-9 .. .. - CORPORATION OF _ THE VILLAGE OF B08tAYGEON Box 250, Bobcaygeon, Ontario KOM lAO · (i95) 736.2363 . FAX (705) 736-5623 M_ Mordelle Brolne A.M.C.T: Clerk Treasurer RESOLUTION - - WHEREAS the Board of The Canadian Heritage Rivers System has recommended that the Trent 'and Severn Rivers and associated waterway be nominated as Canadian Heritage Riven, and .. WHEREAS n presentation has been made to Council on behalf of tlte Canadian Heritage Rivers System in support of the said rtomination and designation, and - WHEREAS objections to the said nomination and designation have been presented to Cou.ncil for reasons including a perc:eived threat to the rights of private property owners,now ... .. THEREFORE BE IT RESOLVED THAT the municipality of The Village of Bobc.aygeon opposes the nomination and desigilation of the Trent and Severn Rivers and associated waterway as Canadian Heritag~ Riven, and .. BE IT RESOLVED THAT this resolution be communicated to the Honourable Chris Hodgson, Minister of Natural Resources, and to the Honourable Minister responsible for Canadian Heritage - Parks Canada, and .. BE IT RESOLVED THAT this resolution be communicated to all other municipalities in the waters bed of tbe said Treilt and Severn Rivers. .. - -- .. The Hub of the Kawartha Lakes I ; ;-~ ~.: :~'/ I I ---------- ! !.....~~:~:~--~~!~~.::..~ ~ ;::: ~~-:..:-:-..---~-- ! , 1- -~~~-;-- .:- --' ---- - -----------..-; l..~-. _.u._ ---.,...._____l I i '--"'--'----- ------ - - --------, I .. ...-._----~..- -------; _ i , - _h_______ .------1 I - ------i--- t ----------..! J I I . -------I---~ C------Laa-( :.-: i i _ _' _ -::~S;?:'::;':"_~-:';_..-~:l..J - .. .. t ... R8GERSTM September 19, 1997 SEP 29 COmNGIL INFORMATION ...-) \1'\" \~, 1 ~~(Gl1b ,4 ,,:., /0 01 AM '97 ~t.~ 1 ~ ,~<j1 r C\..P.R\NG\O~ , nAl\I'{ 0 c ~\j~\~O"'S OrHC~ 1-10 .. Rogers Cable 1V a Division of Rogers Cablesystems Limitbd 855 York Mills ROdcl Don Mills, Onl.1rio M:m 1/1 .. Tel. (416) 446-6500 Fax (416) 446-6003 .. Mayor Diane Hamre Clarington City Hall 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 AGENDA .. Dear Mayor Hamre, .. Rogers Cablesystems has recently announced the content and pricing for its new package of cable channels which will be launched on October 17, 1997. .. The expanded cable channel package will include 16 services. The Canadian services include The Comedy Network, The Family Channel, Headline Sports, History Television, Home & Garden Television, Outdoor Life, Prime TV, Space: The Imagination Station, Teletoon and Treehouse TV. The U.S. channels include Slack Entertainment Television, CNBC, Food Network, The Golf Channel, Speedvision, wrss superstation. ... .. Rogers will also be offering CTV News 1 headline news channel on the basic tier at no additional cost to subscribers. The 16 cable channels will be offered as a new tier. Previously available as pay television services, The Family Channel and wrBS superstation will also join the new tier. This tier will be available for as little as $5.99 per month. Attached is the media release which was issued September 19, 1997. .. .. It's important to note that we are offering the new service package on a positive customer option ~. Our customers will receive a 3 month free preview period during which they will have the opportunity to sample the programming before deciding to subscribe. If the customers chooses to receive the service at the end of the preview, they call Rogers to subscribe. Customers who choose not to subscribe will stop receiving the service, and, of course, will not be billed. .. .. We are convinced that this package provides the best viewing value on the best terms we have ever been able to offer. We know we are in a competitive environment and we are doing everything to ensure that customers receive more of what they want at affordable prices. .. Please feel free to call me if you have any questions or comments, or if I can assist you or your staff in any way when dealing with questions from your constituents. . ....___... U ... _._. .. Paul J. Temple Executive Vice President & General Manager Greater Toronto Area DIST~TION 1 CLERl\ l:.b!__.___ ~_.. I ACK. SY___.... ORiGiNAl if' _.. u ..:. . ,-..---.--..-.. --- .---..-..: tO~!.~~;__~L._..___.,_. ... .....-....... ; . --.... ...----....--.- ;._-_.~------- J ; --_._-_..'_.._.~---...... I . : ,f L..--.... --.--- '---l' ..----~ L~~.:'."" ~~'.~~'~.~T.-".~~=---:j ~_.......- -. - ....'1---------4 f=-=~.~--.~~~.~E;;?~J L~l,Ll,:a!_i3._...: ': ~.:_.=-..-~_l; Yours truly, .. .. ... .. ~ , Media Releasel ~' . R8GERS'" till Cablesystems till FOR IMMEDIATE RELEASE ROGERS LAUNCHES NEW 16 CHANNEL PACKAGE TO SUBSCRIBERS THIS FALL till till TORONTO (September 19, 1997) - This fall, subscribers of Rogers Cablesystems will have the opportunity to purchase a new package of 16 cable channels. -- with more new services than have ever been launched before. The channels -- available for a free preview starting October 17 -. offer something for everyone with an unprecedented variety of new programming choices. Joining the Rogers lineup are 10 newly licenced Canadian services and 6 established U.S. offerings: .. ..t Canadian Cable Channels: The Comedy Network The Family Channel (moving from pay tier) Headline Sports History Television Home & Garden Television (HGTV) Outdoor Life Prime TV Space: The Imagination Station Teletoon TreehouseTV till .. .. .. U.s. Channels: Black Entertainment Television (BET) CNBC Food Network The Golf Channel Speedvision wrBS superstation.(moving from pay tier) .. .. Detailed descriptions of these channels, their programming and intended audience is attached. .. Rogers will also be offering CTV News 1 headline news channel nationally on the basic tier at .. no additional cost to subscribers. The 16 new channels will be a.vailable on a new tier.. Previously available as pay television services, The Family Channel and wrBS superstation will also join the new tier. .. Jos Wintermans, President and CEO of Rogers Cablesystems, says the new channels reflect Rogers' commitment to provide something for everyone, and to present it in a large tier which .. offers the best value. Extensive customer input and research was conducted before selecting the new services, developing the package and its marketing plan. (more) .. .. I::J\ - .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... ... ... ... " "This package provides an incredible variety of viewing choices for our customers...more sports, more family entertainment, more information and lifestyle programming, while offering more proven U.S. channels," he said. "We wanted to ensure that our customers had the broadest range of viewing options from the available services in Canada and the United States." Wintermans also said the new package enhances the value of the overall cable offering: "Cable is the most attractive distributor of television programming available," he said. "We are the only choice for customers who want local channels, 24-hour service, and the ability to receive more than 60 channels on every lV in their home without having to purchase special hardware." The significant depth of programming on the new channels includes a wealth of family viewing with Teletoon, Treehouse lV and The Family Channel, lifestyle programming on HGlV, Outdoor Life, Prime lV, BET, and Food Network, information programming on ClV News 1, History Television, Space and CNBC, sports programming on Headline Sports, The Golf Channel and Speedvision, laughs on The Comedy Network and a mix of sports, movies and variety progr~mmina on th~ WTBS Superstation. In marketing the new services, Rogers is offering a positive customer option. Starting October 17, all Rogers customers have to do is turn on their televisions to receive a free preview of the new services. They do not have to order the preview from Rogers. During the free preview, the company will market the new tier, encouraging customers to subscribe. If customers choose to .keep the new services, they can call Rogers. Customers who choose not to subscribe will stop receiving the new services after the preview period. The unprecedented variety offered on the new 16 channel Rogers tier will be available for as little as $5.99 per month. "Our customers have told us about what they want to see on cable and how they want us to offer it -- and we've listened," said Wintermans. "We will do.everything in our power to demonstrate the variety and value we provide." Rogers Cablesystems Limited, Canada's largest cable network operator, provides high quality entertainment, information and communications services to approximately 2.2 million customers in Ontario and British Columbia. Its hybrid fibre-coaxial network is ideally suited for delivering interactive products and services that require significant bandwidth. The company also owns and operates 187 Rogers Video stores. - 30- For further information, please contact: Jan Innes Vice President, Communications (416) 864-2326 "May vary among Rogers' cable systems , " .. NEW CHANNEL DESCRIPTIONS .. CANADIAN CABLE CHANNELS .. THE COMEDY NETWORK' Want to laugh unstoppably, then Comedy Network lets you do itl From the award- winning comedy of Saturday Night Live and The Larry Sanders Show, to the world's best stand-up comics, to your all-time favourite British series like Fawlty Towers. The Comedy Network. It's good for a laugh! The Comedy Network is controlled by Baton Broadcasting Inc. .. .. CTV NEWS 1 ClV News 1 is a headline news service which is updated every 15 minutes, 24 hours a day. CTV News 1 is wholly owned by the CTV Television N'etwork Ltd., whose majority shareholder is Baton Broadcasting Inc. ... .. THE FAMILY CHANNEL Fun, entertaining and commercial-free, The Family Channel is perfect for the entire family. Formerly a popular Premium TV channel, The Family Channel is a must-have for children of all ages, with the warmth and wonder of Disney., exclusive series, movies and specials. And, when the kids have gone to bed, enjoy Hollywood classic movies you've always wanted to see or just see again. The Family Channel is controlled equally by Astral Communications Inc. and WIC Western International Communications Ltd. ... ... .. HEADLINE SPORTS All the sports, all the scores, all the time, updated every 15 minutes. Headline Sports puts you on the fast track with the latest from the world of sports. Add a real-time ticker, as well as in-depth features and scoreboards for comprehensive sports news like you've never seen before. .. .. .. HISTORY TELEVISION The intrigue and depth of Canedian arid world history is yours on History Television. Fascinating stories of famous people and events, and riveting documentaries give you a behind the scenes look at the times that shaped our lives. Look forward to historical feature films like The Madness of King George and Mississippi Burning. History Television is controlled by Alliance Communications Corp. ... ... ... ... .. .. - .. .. - .. .. .. - l1li l1li .. l1li - l1li .. - .. - ... . " HGTV Dedicated to everything you love about your home, Home & Garden TV will inspire you with great ideas. Program segments include: Building & Remodeling, Decorating & Interior Design, Gardening and Landscaping, and Crafts & Hobbies. You'll soon find out that there's no place like home! Home & Garden Television is controlled by Atlantis Communications Corp. OUTDOOR LIFE Scale sheer rockface, white water raft the Grand Canyon, experience the thrill of extreme sports. Outdoor Life is devoted to maximum enjoyment of the great outdoors, so you can discover the outdoors, while you're inside! Outdoor Life is a partnership of Baton Broadcasting Inc., Rogers Broadcasting Ltd. and Outdoor Life Network (U.S.) and is managed by Baton. . . PRIME TV Prime TV offers powerful dramas and series like St. Elsewhere and Hill Street Blues, informative news programs like 60 Minutes More, celebrity biographies and award winning mini-series. Prime TV's original programs offer interesting and insightful advice, from starting you own business, to the best restaurants, to the best travel destinations. Prime TV is television worth watching! Prime 1V is controlled by Global Communications Ltd. SPACE: THE IMAGINATION STATION Enter a world where science fiction, science fact and fantasy all become a reality with Space: The Imagination Station. See your favourite sci-fi series and movies come back to life and be prepared to have your imagination transported to new galaxies with classics like Star Trek and favourites like the X-Files. Space: The Imagination Station is controlled by CHUM Ltd. TELETOON If you love animation, TELETOON is the channel for you - featuring classic cartoons, computer animation and claymation. TELETOON takes you into the world of animation where your imagination can run wild. It's fun for little kids, big kids and adults. So take a break from reality and toon into TELETOON instead. Teletoon is a partnership of Family Channel Inc., YTV Canada Inc., Cinar Films Inc. and Nelvana Ltd., and is controlled by Family Channel. TREE HOUSE TV Treehouse TV is Canada's first network dedicated to preschool children. From the team that created YTV, Treehouse TV will feature popular Canadian and international preschool programs, and will debut two new series: Ants in Your Pants and Crazy Quilt. Treehouse 1V is controlled by YTV. , ~ .. u.s. SERVICES ... BLACK ENTERTAINMENT TELEVISION Black Entertainment TV offers a unique selection of urban contemporary shows, including and exciting mix of family entertainment, news, comedy, movies, sports and a variety of music shows and videos featuring rap, jazz, gospel and more. .. .. CNBC From the trading floor to boardroom, CNBC's programs provide highlights of the business day as they happen. Formerly a Premium TV channel, CNBC is your passport to the world of business news. Find out who won and who lost - the big deals, politics,. stock prices, and how it affects you. ... .. FOOD NETWORK The first and only network devoted to the wonders of food. Whether you're cooking up something special or just want to spice up an everyday meal. Food Network will give you some tasty ideas. Tune-in for profiles of North America's top restaurants and recipes from around the world. IIIlII .. THE GOLF CHANNEL Learn to improve your game from golfs very best, like the legendary Arnold Palmer. Discover hot, new, up-and-coming talents like Tiger Woods and enjoy detailed coverage of more than 70 golf tournaments. Nobody addresses the ball like The Golf Channel. ... .. SPEEDVISION Speedvision, the first 24 hour network devoted to cars, boats, planes, and motorcycles. Everything from NASCAR racing to high performance flying. Catch it if you can! .. WTBS SUPERSTATION Now the popular U.S. Superstation moves from Premium TV. TBS offers movies from the Turner movie collection, U.S. newscasts with local news, plus over 50 sporting events each year, featuring Atlanta Braves baseball and vintage television like Gilligan's Island and Hogan's Heroes. ... .... "'" ... ... ... ... .. - 1- I ... .. .. ... .. .. .. ... ... ... .. ... ... ... ... .. .. ... Ministry of Municipal Affairs and Housing COUNCIL INFORMATION 1-11 @ Ontario Ministere des Affaires municipales et du Logement SEP 29 10 02 ~H '97 Municipal Finance Branch 13th Floor, 777 Bay Street Toronto, ON M5G 2E5 Tel: (416) 585-6951 Fax: (416) 585-6315 September 22, 1997 To All Clerks and Treasurers: I am writing to advise you of a regulation that was filed today by the Minister of Municipal Affairs and Housing under the Municipal Act provisions on user fees. The regulation has a number of provisions: First, it prohibits charges being imposed for the management (including collection, disposal, reuse and recycling) of any waste materials except on the person who actually discards the material or except where the charge relates to the cleanup of illegally disposed of waste. Second, the regulation prevents municipalities that conduct elections and collect taxes (lower- tier and single-tier municipalities) from charging upper-tier municipalities, school boards, or other local boards for these services. Municipalities will continue to be able to charge upper-tier municipalities and local boards, that w~t to place questions on the ballot, the costs associated with doing so. - Finally, the regulation prevents municipalities from charging user fees for allocating sewer and water capacity. I have enclosed copies of the regulation for your information. If you need more information, please contact the nearest office of the Regional Operations Branch of the Ministry of Municipal Affairs and Housing. Yours truly, t-~ ancy Bardecki Director I';~'~~mu TIOi'~-"f i ,-,I.r.'''', 'h_.__________ ! ! A('K qy . , i '- \. -, . -I I Of"r.'~'~ Y"l' J \i~~i L\~ _~ .\.,..(_.__.. ~ ,...--.-.-.....-. ---- - I COPiES n t r-::--_. ..-.--....-r---.-i t=~=:~:-.._ ~-~:- --L~=~j i.----.-..-- .. : . -- -.----' L-___. _. ,'_..___~ ! ': ;....._--... . .,..-. ( I i I l....______.._ -'. '.'-1 -1 L-_~--"h_._____._I,____~ I ^' -'"\ 1 -_._-~ Enclosure .. . I , NelMs Release Communique @ Ontario .. Ministry of Municipal Affairs and Housing Ministere des Affaires municipales et du Logement .. For immediate release September 22, 1997 .. Regulation clarifies municioal user fees ... Municipal Affairs and Housing Minister AI Leach today issued a regulation to clarify the services for which municipalities can charge user fees. The regulation stops municipalities from charging other levels of local government for conducting municipal elections or collecting property taxes. It also prohibits municipalities from charging vendors for the cost of recycling or disposing of goods they sell, or developers for allocating water and sewer capacity. IlIlIlII .. "Some municipalities have been talking about charging upper tier governments and school boards for the cost of running local elections and collecting property taxes," Leach said. "That's inappropriate. There's only one taxpayer, and this type of fee would only pass costs from one level of government to another level that serves exactly the same taxpayer. Costs would go up because of the administrative waste and duplication involved in processing the charge-back." IlIlIlII .. Leach said some municipalities are also considering levying charges on vendors or producers of materials that ultimately wind up in the waste or recycling stream. In some municipalities this has taken the form of a charge against the vendors of alcoholic beverages. Others have talked about charging newspaper companies for the ultimate cost of recycling the used newspapers. .. The Municipal Act gives municipalities powers to charge for the use of municipal services, including waste management services. A charge against vendors or manufacturers is not a user fee unless the vendor or manufacturer is the one disposing of the waste material. The regulation clarifies this. The regulation also stops municipalities from charging developers user fees for allocating sewer and water capacity. Such additional fees would unnecessarily add to the cost of doing business in Ontario. ... .. ." - 30- For more information, please contact: .. Christine Burkitt Minister's office Ministry of Municipal Affairs and Housing (416) 585-6932 Philip McKinstry Municipal Finance Branch Ministry of Municipal Affairs and Housing (416) 585-6305 .. Please visit the Ministry of Municipal Affairs and Housing's World Wide Website at http://www.mmah.gov.on.ca IlIlIlII Disponible en franyais .. .. ",,;; ., , - ,. .. .. .. .. .. ... ... .. ... - .. .. .. .. - ... ... ... .. CONFIDENTIAL Until filed with the Registrar of Regulations N0494.E/MA-MUN-16-RM 5-LM REGULATION TO.AMENl) ONTARIO REGULATION 26/96 MADE ONDER THE MUNICIPAL ACT Note: Ontario Regulation 26/96 has not been amended in 1997. For prior amendments, see the Table of Regulations in the Statutes of Ontario, 1996. 1. Ontario Regulation 26/96 is amended by adding the fOllowing sections: 5. (1) A municipality or local board does not have the power to impose fees or charges on a person under section 220.1 of the Act which relate to the management (including collection, disposal, reuse and recycling) of waste except on a person who, directly or by means of an agent, discards the waste, (a) through a waste collection service or at a waste management facility of the municipality or local board, as the case may be; or (b) through a waste collection service or at a waste management facility of any other municipality or local board to which the municipality or local board imposing the fees or charges pays costs related to the management of waste. (2) Subsection (1) does not prohibit a municipality from imposing fees or charges on a person which relate to the clean up or collection of litter or other waste'which has been illegally disposed of on any land. 6. (1) A municipality or local board does not have the power to impose fees -or charges on another municipality or local board under section 220.1 of the Act which relate to the conduct of an election under the Municipal Elections Act, 1996. (2) Subsection (1) does not apply to the power of a .\ .. , .. 2 municipality or local board to impose fees or charges on another municipality or local board which relate to the conduct of an election under the Municipal Elections Act, 1996 to obtain the opinion of the electors on a question the other municipality or local board requires to be submitted under subsection 8 (1) or (2) of the Municipal Elections Act, 1996. 7. (1) In this section, .. .. .. "upper-tier municipality" means a county and a district, metropolitan and regiqnal municipality and the County of Oxford. .. (2) A municipality or local board does not have the power to impose fees or charges on the Crown or on a school board under section 220.1 of the Act which relate to the collection of real property taxes for school purposes. .. , (3) A municipality or local board does not have the power to impose fees or charges on an upper-tier municipality under section 220.1 of the Act which relate to the collection of real property taxes for the purposes of the upper-tier municipality. 8. A municipality or local board does not have the power to impose fees or charges under section 220.1 of the Act. on a person which relate to the allocation of sewage and water capacity. .. .. .. .. .. .. .. .. .. IIlIii .. .. ~""/d4/'" li::!:i::!9 KAWARTHA CONSERVATION AUTHORITY NO.465 P002 COUNCIL INFORMATION 1-12 ... Sep Z9 10 03 ~H '97 Kawartha Conservation AGE N D A - Minutes of Meeting # 3/97 .. Meeting # 3/97 was held at the Kawartha ConservaUon offlce on Wednesday, September 17. 1997. Vice.chair von Bogen called the meeting to order at 7:36 p.m. Present Tom Crowe, Chair .. Audrey von Bogen, Vice-dlalr .. Lloyd Ashmore ... Gary Atkins Jack Coulson Doug Fish . Ken Found Peter Franzen Ken Gadsden - JohnHuke Wayne Hutchinson Alex Imrie - Jim McMullen Dave Murray Neil Oliver .. Don Rosenburgh Doc Savage Art Truax .. I Absent David Austin I Herb Gray . .. Barbara Kelly Doug Moffatt .. Mary Novak Alex Ruth Len Sholer ... Gail Thomassen Rhys Williams - Staff: Ian Macnab Wanda Stephen John Abati '. Nena Farthing Dave Lougheed Jeff Schuyler .. , I .. Town Of Lindsay (Chair Crowe arrived at 8:22 p.m. and assumed the chair) Township of Harvey (Vice-chair von Bogen chaired the meeting until Chair Crowe arrived) Township of Emily Township of Bexley ex-officio member ~ff1cio member Township of Ops Township of Galway-Cavendish Township of Scugog Township of Somerville Village of Fenelon Falls Township of Eldon Townsh!p of Manvers j D-~s':r~f':;Gj L:'..rIO:N.... Township of Fenelon ~ Cl.cr{!\ ,m Towns~lp ofvebrulam !. ,.~. P"'--~'._" ...,......,.._'-:-. ex-officlo mem er ;.~,., . '.Ii .....,..... _ .... . '. Village of Sturgeon Polryt L!i:~C;N,~l "':. H_Q.q Town of LIndsay ;-',:;.;;',::::' ~:..._..,-_._._-_., j_q':Y~:_' ~.~. : l;.'.___.... _."d. J I' . I ex-officlo member Township of Brock Township of Mariposa : Township of Scugog :. . u' .. ---_....-.~ M~nlclpallty of Claringt9n-- ',-"q" Township of Cavan ~.. . ... ...--.......-~ ~:~~:~: ~~ ~~:;;eon t.>: ~7lPZ:~lt71-..~~~-' Lifetime Inaugural Member General ManagerlSecretary- Treasurer Director of Finance and Administration Resources Planning Technician Secretary/Accounting Clerk Conservation Area Technician Water Management Co-ordinator 09/24/97 12:29 KAWARTHA CONSERVATION AUTHORITY NU.4b::J I-'k:lk:l.j ,r , . lIlIIi .. "'-,..... ~2- ... ... Pecuniary Interest None was declared. ... Minutes of Meeting #- 2/97 Res. # 37/97 MQved by: Seconded by: Doc Savage Dave Murray ... Resolved, That, the minutes of meeting # 2197 be adopted as received. ... CARRIED IUI Partners in Conservation Mr. Ken Found addressed the Board of Directors on the success to date of the partnership between Coldwell Banker Kent Place Realty and Kawartha Conservation. He then presented ViC&-Chair van Bogen with a cheque for $700, representing the real estate transactions that had been Initiated and completed since June 15th. the start of the partnership agreement On behalf of Kawartha Conservation, Vice-chair von Bogen thanked Mr. Found and spoke of the significance of this partnership for future conservation activities. It was noted that with Mr. Found's assistance, the Kawartha-ColdWell Banker partnership model had been discussed with Conservation Ontario and that there was interest in extending this partnership to other conservation authorities and other Coldwell Banker offices. Furthermore, there was potential for a partnership being developed between Coldwell Banker Canada and Conservation Ontario. ... .. .. .. Minutes of Executive Committee Meeting # 2/97 .. A recommendation on municipal funding for 1998 was brought forward for consideration from the Executive Committee. .. Res. # 38/97 Moved by: Seconded by: Wayne Hutchinson Lloyd Ashmore ... Resolved, That, the 1998 budget be developed using $302,600 total municipal funding as recommended by Executive Committee Res. # 17 EC/97. .. CARRIED ... ... tIIIII ... ,. ~;. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. 09/24/97 12:29 KAWARTHA CONSERVATION AUTHORITY NO.465 P004 -3- 1998 Budget Process The process by which the 1998 budget would be established was discussed and direction given. Res. # 39197 Moved by: Seconded by: Ken Gadsden Doc Savage Resolved, That. for the 1998 budget, total municipal funding be apportioned between municipalities on the basis of 1997 DEA data unless an altemate funding apportionment formula is adopted province wide, in which case the provincial formula will be used. CARRIED Res. # 40/97 Moved by: Seconded by: Wayne Hutchinson Alex Imrie Resolved, That, the Chair, Vice-chalr, and General Manager (Chair and Vice-chalr for the General Manager position) negotiate 1998 employment contracts with staff. CARRIED Res. # 41197 Moved by: Seconded by; Alex Imrie Ken Gadsden Resolved, That, the Executive Committee prepare a draft 1998 budget including information on associated municipal funding and bring this draft before the Board of Directors on December 3rd for review prior to forwarding it to all watershed municipalities; and, That, the 1998 budget and associated municipal funding be finalized at a meeting of the Board of Directors held no later than February 25, 1998, said meeting being at least 30 days after the draft 1998 budget and associated municipal funding have been circulated to all watershed municipalities. CARRIED Revisions to Kawartha Conservation Policies and Procedures ..... The Executive committee had finalized plan review fees for Durham Region. These and other Kawartha Conservation fees were brought forward for the Infonnation of the Board of Directors. ... ... , , ~ . .. .. , ~~ oj ; ..c - 1 I 1 '.\ .ll 09/24/97 12:29 KAWARTHA CONSERVATION AUTHORITY NO.465 P005 "i.' .". II1II -4- IIIIi IIIIi Conservation Newspaper Flyer Staff will be meeting with the Lindsay Daily Post on September 29th to commence work on this year's newspaper flyer. Marketing kits will be available shortly and all members are asked to bring in advertisers for this flyer. The goal is to have businesses from all parts of the watershed participate. The 1998 flyer will be Inserted In watershed newspapers (45,000 copies) and will be a guide to conservation activities and events. ... ... Activity Update ... 1. Conservation Ontario: Gary Atkins reported that the marketing campaign for Conservation Ontario was proceeding well. Dofasco is now a full participant In conservation and is actl vely working to encourage more corporate partnerships. 2. Friends of KRCA: Jack Coulson reviewed the many ongoing activities of Friends. Friends will be raising money for conservation by operating a gate at Lindsay Fair, September 17-21. Upcoming hikes are at Fleetwood, September 28th, 9:00 and Ken Reid, October 5th at 9:00. Friends will have a booth at the Bobcaygeon Fair, September 27th. In the planning stage Is a major fundraising dinner next spring; the Honourable Chris Hodgson, Minister of Natural Resources has kindly agreed to participate in this. 3. Kawartha Water Watch: Ian Macnab reported that twenty..five sampling stations are now being monitored. Work Is continuing with Sir Sandford Fleming College to develop a protocol for benthic invertebrate sampling. There Is much interest In the monitoring program from volunteers but more corporate sponsorship is needed. 4. Bird Monitoring: John Abati reviewed the new bird monitoring program. Many volunteers have come forward to collect information on birds. Plckseed Inc. has donated $2,700 over three years to our monitoring efforts. Through Friends of KRCA a bird report for Victoria County is being published. This will be an annual pubUcation and will generate revenue for conservation. The financial support of the members in sponsoring individual pages within the report is most appreciated. IIIIi .. ... ... ... ... IIIIi 5. Conservation Area Usage: Dave Lougheed reported that hiking and cross country ski trails have been widened and imprpved at Ken Reid. A new trail has been established at Fleetwood and trails at Pigeon are in good condition. Public usage of the conservation areas has increased and donations are averaging $1 00 p~r month through August, 1997. 6. Land Use Planning: Jeff Schuyler reported that planning activities have incre.ased about 30% this year over last New subdivision applications are coming on stream and clearances are being requested on older plans of subdivision. ... ... .. ... ... - ~---...~..,..~....~-~ I11III KHWHKIHH ~UN~cKVHIIUN HUIHUKIIY NU.'1b:J t"~~b ~. . . ....<~... 1.'- .-"" ~ ~j/~~/~( ~~;~~ .. .. .. ... ... .. .. .. - - .. .. .. - - - ... - -5- New Business The members were Infonned of the upcoming Charles Sauriol Environamental Trust Dinner being hosted by the Conservation Foundation of Greater Toronto. The dinner is October 23rd at the Prince Hotel. Tickets are $85.00. More information is available from the Kawartha Conservation office. Recognition of Wayne Hutchinson The Board of Directors presented Wayne Hutchinson with a clock in recognition of his role as Kawartha Conservation Chair, 1995-1996. A congratulatory letter from Mary Novak was read and best wishes from Gail Thomassen were expressed. Art Truax related a tale of teaching Wayne in high school and several other members related fun stories about Wayne. From both members and staff, thank you Wayne for the service you have given to Kawartha Conservation. There being no further business, the meeting adjourned at 9:20 p.m. Tom Crowe Chair Ian Macnab General Managerl Secretary-Treasurer Audrey von Bogen Vice-chair .. .. COUNCIL INFORMATION 1-13 OCT 3 2 06 PM 'Q7 Ontario Federation of Agriculture 40 Eglinton Avenue East, 5fh ~Ioor, Yoronto, Ontario M4P 3A2 .. (416) 485-3333 Fax: (416) 485-9027 Web address: www.ofa.on.ca .. ... .. .. .. - .. .. .. .. .. - .. .. ... - Dear Municipal Councillors, September 30,1997 I would like to take this opportunity, on behalf of the 40,000 members of the Ontario Federation of Agriculture, to provide you and your municipality with some background information on the new Farming and Food Production Protection Act, 1997. It has come to our attention over the past few months, since the provincial government first introduced this bill, that the intent, purpose and function of the new Act is not clearly understood by many people. It was developed in consultation with farm organizations and the Rural Ontario Municipal Association (ROMA). Like the Farm Practices Protection Act. enacted in 1988, it is designed to protect farmers from lawsuits arising from nuisance complaints. The New Act will balance the rights of farmers to conduct their business in rural Ontario with the rights of those who live and work in rural areas. Farmers view the legislation as critical to maintaining a strong and viable agriculture industry that creates jobs and economic activity in rural communities. Some groups and individuals have promoted points of view based on misinterpretation of the legislation. There has been concern expressed by some municipalities that the new legislation will promote environmental degradation in rural Ontario and reduce the rights of municipalities to draft by-laws. I can assure you, it will do nothing of the sort. . The new legislation is not a licence to pollute. It respects the province's health, safety and environmental laws. , Farmers are very pro-active in the area of environmental stewardship and have been for many years. The legislation does not seek, nor does it give farmers the power, to strike down municipal by-laws or curb the right of municipalities to enact by-laws. . Please find enclosed with this letter, a series of questions and answers regarding the new Farming and Food Production Protection Act, a comparison between the new. Act.and.the,Earm Practice Protection Act, and a copy of the Legislative statement on the bill m~denhe,'.~ra.bte; C! i'''; Noble Villeneuve. ! CLt!~!\/~ I -0 -. ~.~--._.. --~~.._.... -_._- I hope you will take the opportunity to read this information and share it wit~ YOlJr bOlleague ... .,d'" .-' staff and constituents. If you have any questions, require. additional informatiQn~~~r.wouldlil< OFA to speak abou this legislation to your municipality, please contact me at-t1itis;offic~.. - ..-.... I ...... : ". ,--------" . .....~. - -. "--. , Sincerely i I . :...........,-.-...-.... - - --_.- " :.-. -- "-~._"-. i ' ....~......----. .-- .--.. "'!-'''P .~_____j : . 0'-" -'- ; I ''';.- -.....--1 .".. I--..-.-----.l .......,........'...----...1 " I .- '.._---------"j Tony Morris President, Ontario Federa on of Agriculture 1112 ' ," -,----,/ . .Ii>/~ _._: ..:..,.-....,....: The mission of the orA is to improve the economic and social well-being of farmers in cooperation with county, commodity and rural farm groups. .. .. .. .. .. .. .. .. .. .. .. .. Farm Practices Protection Legislation in Ontario (comparing the Farm Practices Protection Act with the Farming and Food Production Protection Act, 1997) Ongoing changes in agricultural technology, combined with more non-farm people moving into the countryside and farms expanding in size have brought conflicts between farmers and their non-farm neighbours over farm practices. Many new rural residents have no direct, personal link with a farm; resulting in a lack of understanding of modern, everyday farming activities and practices. Farm practices protection legislation first appeared in New Brunswick after a farmers neighbours complained about odours from the farm and sued him for nuisance. The court ordered the farmer to pay each neighbour $1500 plus costs; the damages totalled $33,0001 Under the common law of nuisance, one can be found guilty for creating odours, noises, dusts, etc. that interfere with a neighbour's right to the full enjoyment of their property. Farm practices protection is predominately concerned with nuisances. Ontario's Farm Practices Protection Act, enacted in 1988, protects farmers against court actions under the common law of nuisance over odour, noise or dust. A number of normal, everyday farm practices may pose a nuisance. Even strictly following codes of practice or best management practices will not eliminate them. But nuisances do not threaten life, health or the environment. Manure smells. Farm equipment makes noise. HaNesting and tillage creates dust. Ontario is not alone on farm practices protection. Eight out of ten Canadian Provinces and 48 out of 50 US states have farm practices protection legislation. Neither is it breaking new ... ground with the Farming and Food Production Protection Act, 1997. How does the Farm Practices Protection Act compare with the Farming and Food .. Production Protection Act, 1997? .. .. .. .. .. Farm Practices Protection Act Farming and Food Production Protection Act, 1997 nuisances noise, odour, dust noise, odour, dust plus light, vibration, smoke, flies; nuisances referred to as "disturbances" effect no court action or injunction can be used to limit a normal farm practice same normal farm a practice "conducted in a manner practice consistent with proper and accepted customs and standards..." municipal by-laws effect of other Acts Board Appeals agricultural operation silent practice must be in compliance with the Environmental Protection Act, Ontario Water Resources Act, Pesticides Act and Health Protection and Promotion Act Farm Practices Protection Board Chair, Vice-Chair, 8 members from different sectors of agriculture, with 1 rural municipal representative, quorum - 3 Board rulings can be appealed to Divisional Court .. .. "conducted in a manner consistent with proper and acceptable customs and standards..." till a farmer can apply to the Normal Farm Practices Protection Board for a ruling on a by-law; if the Board finds that the by-law restricts a normal farm practice, the applicant is exempt from the by-law .. ... .. Act is subject to the Environmental Protection Act, Ontario Water Resources Act and Pesticides Act; farm operation must fully comply with Environmental Protection Act, Ontario Water Resources Act, Pesticides Act and tiealth Protection and Promotion Act. ... .. .. renamed; Normal Farm Practices Protection Board probably will add 1 addition rural municipal representative, quorum - 3 .. ... same .. broadened to add ratites, fish, game animals and game birds, maple syrup, tobacco, sod and tree farming also on-farm processing, such as "sawing, cleaning, treating, grading or packaging" of "products produced primarily from the farmer's agricultural operation" .. .. - .. .. III .. ... - o .. .. Farming and Food Production Protection Act, 1997 Questions and Answers .. Q .. ... .. A Q A Is the Farming and Food Production Protection Act, 1997 new, groundbreaking legislation? No, the Farming and Food Production Protection Act, 1997, introduced on June 26, 1997, by Minister of Agriculture, Food and Rural Affairs Noble Villeneuve simply replaces the current Farm Practices Protection Act, enacted in 1988. Do any other provinces have this type of legislation? Yes, eight Canadian provinces and 48 out of 50 American states have some form of legislation protecting farmers employing "normal farm practices" from nuisance lawsuits. .. Q Does the current Farm Practices Protection Act give farmers a right to pollute? .. ... .. .. .. .. ... .. .. ... A Q A Absolutely not. The current Farm Practices Protection Act clearly states that it only applies to a farm that "does not violate ... the Environmental Protection Act. the Ontario Water Resources Act, the Pesticides Act or the Health Protection and Promotion Act". The Farming and Food Production Protection Act, 1997 clearly states that it is "subject to the Environmental Protection Act, the Pesticides Act and the Ontario Water Resources Act". What then, is the reason for the current Farm Practices Protection Act or the Farming and Food Production Protection Act, 1997? Under the common law of nuisance, a person cannot use their property in a manner which unreasonably interferes with a neighbour's reasonable use of their property. Agricultural odours, noises or dusts can be a nuisance, but they pose no environmental hazard. The EID:m Practices Protection Act is simply protection against nuisance complaints and subsequent law suits or injunctions. The current Farm Practices Protection Act provides protection against nuisance complaints over odour, noise or dust. The Farming and Food Production Protection Act, 1997 will add light, vibration, smoke andjlies. Q What is a "normal farm practice"? Isn't the term vague and open to interpretation? A No. The term "normal farm practice" is also found in other statutes, such as the Environmental Protection Act. In determining what is or is not a"normal fann practice" the Farm Practices Protection Board refers to established "Codes of Practice", "Best Management Practices" or OMAFRA Factsheets in addition to comparisons to similar fann operations. -2- Q How does the Farming and Food Production Protection Act, 1997 differ from the current Farm Practices Protection Act? A The new Farming and Food Production Protection Act, 1997 differs from the current Em:m Practices Protection Act in three'ways; it contains an expanded list of nuisances, it allows for individual farm exemptions from municipal by-laws that restrict "proper and acceptable" farm practices and exemptions from municipal by-laws restricting vehicles from using certain roads at certain times of the day or night. Q Why do farmers need to be exempt from municipal by-laws? A Farmers make up less than 3% of Ontario's population. Even in traditional farming areas, only 15% of the people are engaged in food production. Municipal councils have become dominated by non-farm people. Some have passed by-laws that restrict agricultural activities; for example, machinery storage and property standards, alternative livestock or birds, restrictions on livestock densities or types, round bale storage or restrictions on manure storage. Municipalities should seek input and advice of their local agricultural sector before enacting by-laws that could restrict agriculture. But this rarely happens. While there is recourse for farmers to appeal Planning Act by-laws to the Ontario Municipal Board, there is no parallel appeal process for Municipal Act by-laws. Q Do farmers have the power to revoke municipal by-laws? How does this process work? A No. If a farmer believes that a municipal by-law restricts the use of a "proper and acceptable" farm practice, the farmer applies to the Normal Farm Practices Board. It conducts a hearing to determine if the by-law does or does not interfere with a "proper and acceptable" farm practice. Both the farmer and the municipality appear before the Board to explain their positions. If the Board determines that the by-law does interfere with a "proper and acceptable" farm practice, then the applicant's farm is exempt from the by-law. However, the by-law remains in effect for all other farms in the municipality. Q What happens if the Farm Practices Protection Board determines that a farm practice is not a "normal farm practice"? A If a farmer doesn't comply with a Board ruling, they are no longer protected by the current Farm Practices Protection Act and is open to a nuisance court action. ... .. ... .. .... .. .. .. .. .. .. .... ... ... WI ... .. ... .. r - Statement to the Ontario Legislature by Minister of Agriculture, Food and Rural Affairs Noble Villeneuve .. on - Second Reading of 8111146 An Act to Protect Farming and Food Production Wednesday, September 24, 1997 - .. Mr. Speaker, it is my great pleasure to introduce for second reading Bill 146 - an Act to Protect Farming and Food Production. .. The proposed legislation is crucial to protecting farmers' ability to continue producing an abundant supply of wholesome, high-quality, affordable food and other agricultural products for Ontario, and for world markets. It re-asserts this governmenfs commitment to agriculture and food production as a vibrant, competitive and growing sector that .. .. . annually contributes $25 billion to the provincial economy · employs more than 600 thousand people and creates more jobs every year, and · exports products worth well over $5 billion annually to the far reaches of the globe. .. In order to continue feeding all of us as well as create jobs and economic growth, our farmers need assurances that they can conduct their normal business practices without fear of nuisance lawsuits and unnecessarily restrictive by-laws. ... 'MIile we do have a law that provides this kind of protection, it is limited, out of date and no longer effective. In the 10 years since the Farm Practices Protection Act was introduced: · the population mix in rural Ontario has changed, with more urban people moving into rural areas, · new, innovative kinds offarming are being introduced involving non-traditional livestock and crops · modern, normal farming practices include activities not covered under the current legislation · on-farm activities - in which farmers add value to the commodities they grow - are increasing. .. .. - Mr. Speaker, times have changed and the current Act has not changed with them. Before this government was elected, we went out and talked to farmers and rural residents, and this legislation was one of their key concerns. - - They told us that the protection provided was not adequate. The legislation didn't cover a number of modern farming activities. It didn't apply to new, innovative farming operations that were 'starting up all over the province. And there was concern about increasing conflict over restrictive by-laws. ... We made a pledge then that we would put in place a law that is more in step with the times. A law that protected the right of farmers using normal farming practices to continue raising the food products we all use without having to resort to unnecessary, time-consuming and costly litigation. ... .. \- 2 A law that would protect Ontario's ability both now and in future generations to maintain a growing, thriving, job-creating agri-food sector. .. The bill before us today does this - and much more. Because it balances the rights of those who conduct their farming businesses in rural Ontario with the rights of all those who live in rural Ontario. It adheres to our strong health, safety and environmental standards. It is forward- looking, providing much-needed protection for today's farmers, and for generations to come. And it builds on the tremendous environmental work that's been done by farmers and farm organizations over the last 10 years. wi ... For example, the Ontario Farm Environmental Coalition has been working since the early '90s with farmers across the province, encouraging them to conduct farming activities in a manner that respects the environment. .. Dozens of farm organizations and marketing boards are involved in the coalition - including the Ontario Federation of Agriculture, Christian Farmers Federation of Ontario, AgCare and the Ontario Farm Animal Council. All told, the coalition represents tens of thousands of farmers. Central to the coalition's efforts are environmental farm plans. These individual plans set out opportunities for environmental enhancement, and provide a strategy for making low-cost, highly effective changes on the farm. .. .. In combination with educational workshops, technical advice, peer reviews, and funding incentives, the plans are helping farmers make environmental improvements in their own operations. It's voluntary. And it's working. Because farmers care. ... .. So far, 10,000 participants have attended local EFP workshops. Close to 5,000 peer-approved plans have been developed. And last fall, the coalition launched phase two of the program, with a primary goal of involving 6,000 new farmers by the year 2000. I'm proud that OMAFRA has been involved from the beginning, providing technical expertise to develop program materials, and . answers to technical questions during workshops. .. Mr. Speaker, I know from years of experience the significant changes that are occuiring in rural Ontario. Having been a farmer, and a rural resident for decades, I can understand the attraction that draws people from the city into the countryside. For most, it is, indeed, a more tranquil, less rushed life. .. .. There's a real sense of community in rural living - neighbors generally get along and help each other out. That's why so many have decided to make the move from the streets of Toronto, or London, or Ottawa to the concession roads of Durham or Middlesex or Lanark. .. But make no mistake, for farmers, it is also a place of business - with all the challenges and opportunities that entails. And the business of farming has evolved rapidly. In 1900, each farmer fed only 12 people, and about 50 cents of every consumer dollar earned was spent on food. With growing populations, farmers have been called upon to boost productivity. Today, the average farmer feeds more than 120 people, and our food prices are among the world's lowest, with food costing only about 12.5 cents of every dollar earned. .. .. Fewer than three per cent of Canadians operate farms, yet they produce enough food and other commodities - such as herbs for pharmaceuticals, flowers, flax for fibre and feedstock for alternative fuels, - to supply most of the domestic and many' export markets. And, let's not forget, they accomplish all this in an environmentally responsible way. .. .. ... .. - .. 3 Fa~mers are the original environmentalists. They, more than anyone, k~O~ the Importance of taking care of the air, water,and soil. These elements are literally Iife.liries for farmers. They, more than anyone, understand that you need a productive, safe and hea!thy environment. .. That's the first step in the production of wholesome, high-quality food. III .. It's also a driving force for some non-food commodities like ethanol. It's what consumers demand, and, as importantly, ifs what farmers e~pect of themselves. That's why farmers and farm groups Invest their time and money in many initiatives aimed at protecting the environment. Besides Environmental Farm Plar.s, there are countless projects involving millions of farmers' hard-eamed dollars aimed at such things as redUcing pesticide use, improving tilling practices, developing more efficient manure management practices, and erosion control. - .. F~rmers see these projects as investments - both in the environment and in their business. For farmers, the two are connected at the most basic level. . ... .. Mr. Speaker, I think we can all agree that creating a climate in which farmers can continue to provide us with high-quality, affordable food without unnecessary restrictions, is a worthy goal. Thafs why we're putting forward this balanced piece of legislation. I say balanced, because it was carefully crafted after extensive public consultations were carried out by Parliamentary Assistant and MPP for Hastings-Peterborough Harry Danford, with help from Lambton MPP Marcel Beaubien. Thafs the way we like to do things - to ensure that new policy or legislation meets the needs of those it will affect. .. .. Early this year, Mr. Danford did an excellent job gathering information, opinions and suggestions from farmers, rural municipal leaders and other rural stakeholders at eight meetings across Ontario. ... The response was very encouraging - more than 850 people attended the meetings, and more than 60 written submissions were received. We received excellent input regarding the review of the current law and insights into how the new legislation could best be written. - .. I'd like to thank the Ontario Federation of Agriculture, the Christian Farmers' Federation of Ontario, the Rural Ontario Municipal Association and many commodity groups, who also contributed tremendously to both the consultation, and the development of the bill. I'd also like to thank at! the rural residents who took the time to share their concerns and issues - they helped immensely in bringing balance to this legislation. - Mr. Speaker, many of those suggestions are incorporated in the bill that's before the House today. I believe - and I think my honourable colleagues will agree - that the bill does what we all set out to do - strengthen the protection of farming and food production while keeping it in hannony with health, safety and the environment. - The proposed Act provides added protection for farmers without overriding or duplicating other legislation and policies designed to protect the Ontario public. - ... - - o. \ 4 .! ~ Farmers have tol8me agCitl~ and again that their interest in strengthening this legislation is so they ~n get on with day-to-day',,:,per.ations. They have said emphatically that they do NOT want a license to pollute. ~ However, if, after all these avenues are exhausted, the dispute continues, the issue can be brought before the new Normal Farm Practices Protection Board for a ruling on a specific farm practice. I see application to the Board as a last resort. If the Board rules that the farm practice in question is normal, the by-law would not apply in that specific case. r r I I I I ;) , r .r r r r T T T T T Therefore, the new law wQuld continue to be sUbject to the provincial Environmental Protection Act, the Pesticides Act,: the Health Protection and Promotion Act and the Ontario Water Resources Act. Further, would adhere to Cabin-et-approved policy statements. Farmers understand thoroughly the need to have these safeguards in place. That's why they have wholeheartedly agreed with these provisions. At the same time, the proposed Act deals constructively with the emerging concerns around unduly restrictive municipal by-laws. Before its implementation, the ministry, farm groups and municipalities will be working together to increase awareness among municipal decision-makers about modem farming practices. . Under the new law, the Minister wouJd be able to issue farm practices policy statements which can also be used by municipalities as guidelines to help in developing by-laws. At the same time, a public awareness program would focus on the realities of living in rural Ontario. This would be accomplished in co-operation with farm and rural groups and real estate agents. We have to do a better job of informing people who move to rural areas that farms are also places of business, where sometimes the crop can't wait until after the weekend to be harvested. Where, at the height of the season, greenhouse operators have to run their lights all night. Where "l weather conditions mean that farm machinery could be running 24 hours a day. We must also do a better job of reminding everyone that Ontario's economic roots are firmly planted in our farmers' fields. And that we all depend on the healthy, wholesome, affordable food supply - and all the other non-food products - that come from those fields and farms. I know that some farmers already regularly advise their neighbors when they need to combine or spread manure on an adjacent field. Often, the timing of these activities can be worked out to everyone's satisfaction. If this doesn't - or can't - happen, staff of OMAFRA are knowledgeable and adept at helping mediate resolutions between neighbors before disputes escalate. These measures are designed to head off needless confrontation before it occurs. And that, too, is the way we like to do things. The vast majority of conflicts - in the past, and rm confident in the future - will be settled either among the parties themselves, or with mediation help from OMAFRA staff. Mr. Speaker, there have been a few concerns raised since this bill was introduced in June that it would leave municipalities powerless to govern their own development. Or that large, intensive farms could be built without regard to local council's or resident's wishes. ... I till '" ..- s . .. I want to assure everyone that all farming operations - regardless of size - will continue to be required to adhere to current environmental laws and regulations. Farmers wouldn't have It any other way. And neither would this government. - - At the same time, we intend to increase representation from rural municipalities to the new Board. This change would help ensure that a balanced approach Is taken to making rulings, and that the rights of everyone in rural Ontario are taken into consideration. The Board's central role under the Act is to determine whether or not the activity in question is a normal farm practice. In their deliberations, Board members will take into account such things as the purpose of the by- law, the effect of the practice on abutting lands, and whether the by-law reflects a provincial interest as established under other legislation or policy statements. I have every confidence that the new board will have the experience and knowledge necessary to make fair and balanced decisions. Mr. Speaker, Bill 146 is an improvement over current legislation for a number of reasons: - - - . it clarifies what constitutes an agriCUltural operation, and sets out more specifically the kinds of businesses included. Farmers who raise emus and ostriches, beekeepers and maple syrup producers, for example, would be added under this new law. .. . it spells out that .normal. farming practices are those that are consistent with proper and acceptable customs and standards followed by the industry. .. . it adds light, vibration, smoke and flies to the current list of noise, odour and dust as the effects that can be expected from normal, modem farming practices. - . it includes activities that farmers may undertake on their farms to add value to their own commodities. - And lefs not forget that a strong, viable farming sector In turn provides the Inputs to maintain a strong, competitive food manufacturing and distribution system In Ontario. We have seen investment in food manufacturing rebound tremendously In the past two years in response to the improved business climate. - - The proposed Farming and Food Production Protection Act is, Indeed, a bill whose time has come. Just ask people like Neil McCaig, who is the fourth generation of his family to work his farm, just outside Guelph. - He welcomes the proposed legislation and, after its first reading, said, "We are seeing the city build up so fast... and this government says farmers are doing all right.. Neil is a lot like the tens of thousands of other family farmers in rural Ontario who want to ensure that both he and the next generation can continue to work the land and supply our tables with wholesome, abundan~ affordable food. .. In fact, the new bill has a lot of supporters throughout rural Ontario, even before it is passed. Here's just a sampling: - ... . A Woodstock Daily Sentinel editorial stated, ....we must protect whafs left of our prime agricultural land. And that means giving our farmers the right to carry out the necessary chores which contribute to our province's multi-billion-dollar agri-food business - without the hassles. · . An editorial headline in the St. Thomas Times-Journal said, .It takes noise to grow your food: - .. .. 6 . An editorial in the Guelph Mercury said, "The proposed legislation is a prudent move as urban development rapidly encroaches on farm lands." "ili .. . Mary O'Connor of the Ontario Federation of Agriculture said in the Brantford Expositor, "It's good for the farmers of Ontario because the government of the day is recognizing agriculture as a provincial interest." ... . Even my honourable colleague, the leader of the third party said, "I agree that farmers and the work that farmers do is very valuable for this province and that work needs to be protected." ... I'm pleased that there continues to be strong support In the rural areas of Ontario for the hard- working people who produce the food we all eat and many non-food products we all use. I trust that bill 146 will receive equally strong support here in this legislature. .. This bill is one of several forward-looking initiatives that show this government remains committed to Ontario's agriculture and food industry and our rural communities. For example: .. . The Rural Jobs Strategy will see $30 million in NEW money go toward cost-shared projects that will boost economic development and job creation in rural Ontario. The strategy was announced by my colleague the Minister of Finance In the May budget Since then, my colleague Barb Fisher conducted public consultations with farmers, rural residents and others across the province to ensure that the program will meet needs. I'm looking forward to launching the strategy In the next few weeks. And I'm confident that this initiative will accomplish our goal of boosting business competitiveness, exports, investments, and most important, JOBS in our rural communities. .. .. .. . On the research front, the ministry has joined a group of agri-food companies, commodity groups, universities and financial institutions called Ontario Agri-Food Research. We've invested $1 million over five years in the non-profit corporation which is dedicated to bringing scientific advances from the lab to market .. .. Our enhanced partnership agreement with the University of Guelph is successfully increasing the efficiency and responsiveness in the delivery of essential research, laboratory and education programming. ... We also invested in a number of cost-shared research projects under the Grow Ontario Investment program. Many initiatives are under way that will increase the industry's competitiveness, boost exports and create jobs. .. Just one example is a major, half-million dollar project looking to improve production and processing technologies for high-end, food-grade quality corn as well as enhance com drying and storage technology. .. There's a golden opportunity in products like tacos and corn chips that our producers and processors can take advantage of. .. With an expected 15 per cent annual growth rate, this market is definitely worth the front-end investment in research. And it's only one of many other markets that could be explored with the improved technology. This Is a truly industry-wide effort, because the com producers, processors, seed companies, the University of Guelph and Ridgetown College are involved. I'm pleased that, through Grow Ontario, we were able to invest $227,000, or about half the project costs. .. ... .. ... .. ""' 7 .. . In marketing and investment - we're encouraging the development of products that add value to raw commodities which will pay big dividends for the agri-food sector, and for the entire province. A successful example is the new ethanol industry, which this government has supported from the very earliest stages. - .. I'm pleased to report that the Commercial Alcohols ethanol production facility in Chatham is going to be operational in December - two months ahead of schedule. Full production will begin in January. Ethanol blends continue to be very popular at the pumps and I understand that Sunoco is ready to do a major marketing of the blend in all their Ontario locations, once the Commercial Alcohols plant comes on-stream. - - This is terrific news for the industry, the Ontario economy and the environment. With production set at 150-million Iitres a year, the Commercial Alcohols facility alone creates a substantial new market for farmers and their commodities. - Ethanol production is the kind of activity we will continue to support. It adds value to a raw commodity. It boosts the rural economy. It Is a job creator - In fact, the Commercial Alcohols plant has already given work to between 400 and 500 construction workers - and will employ about 45 people in full-time, high-tech jobs. .. .. We're also committed to working with the Industry to further develop export markets. We're determined to reach our target of doubling agri-food exports to $10 billion by the year 2001. And we're well on the way. These exports increased nearly 12 per cent between 1995 and 1996. - This year, between January and May, they increased again - by more than $100 million over the same period last year - mainly to the U.S. and Asia/Pacific markets. - When you consider that every $1 billion In exports creates about 12,000 jobs, maintaining our commitment to expanding these markets is essential to future growth in the province. - Mr. Speaker, this government has and will continue to encourage a strong agri-food sector and rural economy. We're doing it today, with the second reading of the timely and much-needed Farming and Food Production Protection Act. I believe - and I think that all members can agree - that it achieves a balance between protecting the rights of those who farm in rural Ontario with all those who live in rural Ontario. - As with this legislation, we'll continue working with the people of Ontario who contribute so much to our high standard of living on several other initiatives. - We'll forge ahead with research and technology advances, explore new markets here at home and around the globe, and boost investment and competitiveness throughout the province. We'll do our utmost to assist rural communities to reach their potential as full participants in the bright economic future ahead. - .. Most of all we'll continue to create a climate In which those who produce our food and those who consume it can go on reaping the rewards of one of our most highly-respected and vital industries. ... Because... when the agri-food Industry does well, everyone in Ontario benefits. - end - ... ... - COUNCIL INFORMATION CSDA 1-14 .. ......c~;;~di~;;.s~ji'.D~i;;k.~~~i~ii~;;....... ................................................................... A'i.~ocialion canadiclllle dc .......!:.i!!.~.~.~!~~~.~.~:':.~?~:':~?~~..~.~~~~~.:~... .... .. OCl 3 2 06 PM fA C I B G September 23, 1997 - .. Dear Clerk: Please table the following letter with your Council. ... - Attached please find enclosed the following items: . A copy of CSDA's September 19th, 1997 letter to environment Minister Sterling regarding a recent Citizens Network for Waste Management (CNWM) report . Errata sheet #1 explaining some of the facts which were omitted from the recent "Waste Blues" article inthe'Financial Post Magazine . Errata sheet #2 showing that - contrary to what was implied in the "Waste Blues" article - the Ontario Blue Box program diverts the most packaging waste from disposal . A copy ofCSDA's "Soft Drink Container Fact Sheet" outlining the soft drink industry's continuing commitment-to the use of aluminum soft drink cans, and our pledge to cover the cost of collecting soft drink containers in Blue Box programs regardless of packaging materials used or market prices . A copy of CSDA's recent poster/advertisement publicizing our industry's commitment to the viability of the Ontario Blue Box program Should you have any. questions. regarding any of the above items or other matters regarding the soft drink industry, please feel free to contact me at (416) 369-3059. - - - - - .. - ~~. ; r::'i:-;~~~P QIP"'r'}'l>.'-;'" ! . .~ ..... 1 , '., I ~ ! :":1 ;:-~i'\ ,. ._--.~......_~._...__u. r ;.., .~/;...... '(! "~. V.", . -"'-'- --- --......:. .. . '-T --- .__0.._ _"___~' Sincerely yours - ... Stuart Hartley CSDA-Vice President, Ontario Region i /; I..: ;':. ~~. ~I i L!!.:~(:.i.~'i.:'~: . I i' ,<r;: ,. I \. l_~ I I J~.............. .__.. r 1 j.---........-.- , f -0 .- . ~ ".--.... .-.-i-...... .--_..._~.. -. - SH/AM 97/9/23 c:\word\csda\on lobby\70919on sh Itr muni clerks.doc , . .- ".j -...._- '- ... , .. -'"....._....~ ~--- ..~ I ......._.u!.~.......__ _ ,_~ I . i . j '-.. ...,.... ONTARIO REGION / REGION DE.L'O~TARIO t..-...~'.=~.~--=:..::-.-_.+._-- ._~ P.O. Box 32, Royal BankPlaza, Toronto, Ontario M5J 2~~.!;,,:; 'Eo.%:.~....~'i TEL (416}369-3059 . FAX (416) 865-0887 "---"'h_~__._~..._. .. .. - CSDA - ......c;;;;ai;;;is~tri)ri;;k.;J~--- ........._..AS;;ci;ii~n-;;;;;;di~~.d;""._.... ._....!:~~.~.~~..~.~!~~.~....- ACIBG ... September 19, 1997 .. .. The Honourable Norm Sterling Ministry of Environment & Energy 135 8t Clair Ave W 15th Floor Toronto ON M4V 1PS .. Letter bv Fax- (416) 323-4682 ... Dear Minister: - By now, you may have received a document. from the Citizen's Network on Waste Management (CNWM) entitled A Strategy to Promote Refillables & Reuse in Ontario. We would like to bring your attention to a number of facts that impact on the credibility of the CNWM report. The CNWM report was prepared without the benefit of input from those directly impacted by the process, such as industry, retailers 'or consumers. For example: . CSDA was told that it WCilS "inappropriate" for anyone representing the soft drink industry to be part of a consensus-seeking discussion on refillable containers. ... .. ... - - . No input was sought from: . the Liquor Control Board of Ontario (LCBO); . the Wine Council of Ontario and. its members; . the Association of Canadian Distillers (ACO) and its members; . the Ontario Dairy Council; nor from juice, water, tea or other beverage producers (represented by the Food and Consumer Products Manufacturers of Canada - FCPMC). . Retailers, an essential component in the consumer chain, were not represented in the process. - .. - ... .../2 ... ONTARIO REGION I REGION DE L'ONTARIO P.O. Box 32, Royal Bank Plaza, Toronto, Ontario M5J 218 TEL (416) 369-3059 . FAX (416) 865-'0887 - CSDA .. Canadi~Associ~-.- --~ation canadi~T~'--- ....J!'.1~~~... .. ACIBG .. 2/... The CNWM report bears remarkable similarity to the Brewers of Ontario position on refillables contained in a letter submitted to your Ministry on October 15, 1996. For example, Appendix "C" of the CNWM report lists a summary of options designed to meet refillable targets. Both the options listed and the actual wording of the options are virtually verbatim to the wording in the Brewers letter of October 15, 1996. As acknowledged in the report itself, the Brewers of Ontario were the primary funder of the CNWM report. We will let you draw your own conclusions to the above facts. , ... .. .. .. .. . Sincerely yours' .. ~~. .. Stuart Hartley CSDA-Vice President, Ontario Region .. cc: Frank Sheehan; MPP Dr. Doug Galt; Parliamentary Assistant to the Minister Judith Wright; ADM MoEE Keith West; Director, Waste Reduction Branch MoEE Dale McConaghy; EA to the Minister . John Toogood; Policy Advisor to the Premier Andy Brandt; Chair & CEO, LCBO Ron Veilleux; Pre.sident & CEO, Association of Canadian Distillers Linda Franklin; Executive Director, Wine Council of Ontario George Fleischmann; President & CEO, FCPMC Tom Kane; Director, Ontario Dairy Council Max Roy ten berg/Arlene Lannon, CCGD .. .. .. .. ... SH/AvH 97/9/19 d:\word\csda\generaI\709190n sh Itr sterling cnwm rfs rpt.doc .. ONTARIO REGION I REGION DE X/ONTARIO P.O. Box 32, Royal Bank Plaza, Toronto, Ontario M5J 218 TEL (416) 369-3059 . FAX (416) 865-0887 .. ... - .. - - - - - - ... .. .. - - .. 7'~, Feeding Blue.is an act of faith("mhO,Jltafl~:' but maybe other proviJ;lces have found abetter way " - .. .. The REAL Facts: What the Financial Post Magazine did not tell you. . ... .. .. The Blue Box is a MULTI material program... It collects much more than just soft drink containers. .. The soft drink industry IS paying its way in the Blue Box. .. Taxpayers in Ontario do not pay anything through their municipal taxes to recycle soft drink containers in their Blue Boxes. Today, municipalities make a profit for each tonne of soft drink conlainers collected. processed and recycled. Regardless of market prices or packaging material used, the industry is committed to paying its way now and in the future. Why did the Financial Post Magazine choose to completely ignore this industry commitment? .. .. When 1000/0 of Soft Drink packaging is recycled you have diverted only.1 % of the waste stream Deposits can get a high rate of soft drink containers back but these containers represent less than 1 % of the waste stream. What about the remaining 99% of the waste stream? Should deposits be put on all consumer packaging? Just think what you would have to pay in deposits at the check out. If you want to maximize diversion. deposits are not and never will be a good solution -- but the Blue Box collects all of these things. .. The PoIenlial tor Recycling .., IOSoftDrinkWaste _Other Waste I .. Deposit systems are expensive Deposit systems require the counting and handling of each container returned. This makes deposits inefficient and extremely expensive to run. Studies have shown deposit systems to be at least 10 times more expensive than curbside programs. For Ontario this would take at least $50 million a year of buying power out of consumers pockets. Compare this to the Blue Box that costs about $1 per household per month .. .. Deposits do not equal refill abies Deposit return systems would not result in refillable bottles magically re-appearing on retailers' shelves. Why? -- because we live in a democracy where consumers like their freedom to choose. In fact deposit return systems specifically designed to encourage refillables have failed. Over 98% of Ontario's consumers choose the convenience of lightweight (material reduced) recyclable containers. .. .. The Blue Box is a world class success Unfortunately, it is much easier to criticize new ideas than present a balanced picture offering practical solutions on how to make things better. This is a real shame, especially as the Blue Box is a Canadian initiative. .. CSDA .. ..--............ 1......_......1.....'....... ACIBG .. .. ... "."-":, . ." . :-::.~ F din. B I . - f f -th:' r"!ehn_. .~ ee ' g ue'lS an act 0 at. 'UI ~~ but maybe other provh1ces . have found a . better way .. - - - ... - - - .. - .. .. - - - - - ('.. 1M Q) ~ (/) c: ~ Q) J: +-' Q) > ~ J: ~ -.....I -.....I ~ ex:: (/) Q) (.) c: .- > o 1M c.. 1M Q) J: +-' o o C . . +" ro J: +" ~ o J: tn ~ 'i: ro Q) - o tn +" o ro u. Q) J: I- ~ "C ~ c: CO U c: .- Q) ...... ~ s:: o .- l!! Q) > .- "C Q) ...... (/) CO 3= I Q) J:: ...... (/) Q) > Q) .- J:: U ~ ~ c:x: a::: (!) o a::: a.. >< o CO UJ ::> ...J CO Q) J:: t- . T- (/) Q) - .c co - - It: Q) '- Q) '- o E o ...... "C CO Q) gl o "C en ~ UJ t- en >- en z a::: ::>. t- w a::: ~ - en o a.. w c . N ....o....o~~~~~~~~ o~ o~ 0 0 0 0 0 0 en 0 OOOOor-.;;tOOenO o 0 0 0 ~ 0 0 0 ~ 0 ZZZZ>-ZZZ>-Z ~~'*''*''*''*''*''*' ~ .;;t CD (l') L() CO 0 (l') ..- ('. m '..-or-..-..-NN..-..- ~ ~ ~ 0 0 ~ ~ ~ ~ ~ Q.)a>a>zza>a>a>a> a> >->->- >->->->->- ,ra .Q ~ E: c:: (,) _~ ~ '~ ra ~ <I):;: o ~ra c::o U (,) .Q (,) 2 (,) ~ .c:: ~ ~ ,g.g Q) en CI) 0 ~ Q) ~ 't: .s -g == ~ - ~ '\:: :e ~ ~c:: .~ Q) 0 UJ Q) en q; CI)-=: 0 0'<:<: 0..<: .Ii .. a> L- a> .!:: S ... - a> a.. o a> Q. o o o o (l') .. .. ..- '-' .. o . .- ~ L- a> ctl- ......0 C ctl 0= c'Q; .- L- ~ L- a> 0 c- 'co ctlz E<( ctl~ Ow "';0 ~o Oz E>' Om a> :J .!::~ ::> o .!Q .....Q.) ctl L- E a> oE ..... .. .. .. .. .. .. 'l'J c:: =6 ..... a> c ~ a> 0 ctl 0 >.!:: 'S U 0-0 a>..... IJ) E .- 0 c"O o a> :;:: a> ~~ :J a> Q..!:: 0...... Q.a> IJ) > =-ctl w.!:: Cl. IJ) L- 10 a> .!::E ...... :J a> ~ .....c o 0 Zu .. .. .. .. .. . .. .. .. CSDA. ~__..~ \r'O ...... loin ...... -.... --- .-- - .-- ......... - AQBG. Soft Drink Container Fact Sheet - .. Pulling their weight in the Blue. Box - and then some Soft drink commitments: - 1. We're in Aluminum Cans for the long haul - Aluminum cans: Ontario recycling operators love them because aluminum consistently commands prices which far exceed the cost of collection and handling. Ontario consumers love their quick-chill convenience - and eight times in ten they choose to drink soft drinks in aluminum cans. (Can unit sales increased from 84% of the market in 1990 to 88% in 1996. PET single-serve containers replaced non- returnable glass bottles in convenience stores, the unit market share remaining steady at 4%.) - - Ontario's soft drink makers recently committed to continue using aluminum cans for at least a three year period. - - 2. We'll pay our way in the Blue Box .. In 1996, Ontario's municipal recyclers made a $9 million profit collecting, handling and reselling aluminum soft drink cans and PET soft drink bottles. That's $9 million to offset the cost of collecting other Blue Box materials. - If commodity market conditions change so that soft drink contaiIier revenues do not cover the cost to efficiently recycle, we'll cover the difference. We've made "top-up" payments to municipalities before and we're prepared to do it again. Municipal taxpayers will not bear the costs to recycle our packaging. - - 3. We're working as partners with municipalities and recyclers - We're presently conducting a $1.2 million education campaign to promote the capture of more aluminum soft drink cans and boost Blue Box soft drink. container profits for municipalities. If each household in Ontario were to recycle one more aluminum soft drink can a week, recyclers' soft drink container revenues would increase by an additional $6.5 million a year. ... ... We're also participating in a process co-led by the Recycling Council of Ontario and Corporations Supporting Recycling to fmd a framework to assure properly supported and sustainable Blue Box Programs. .. - For additional informati(:>n call Stuart Hartley of the CSDA at 416 369 3059 Also see our web site at www.softdrink.ca >< -- 2 C) t: -- C) co ~ (.) co a. ~ Q) t: -- co +"" t: o (.) ~ t: -- ~ C ..... \t- o en l~ ".. " 'i Q) ~: I! se tn'llU U },< o 1: cu ~ c o c - CI) - Q) c m ~ c o () ~ C 'i: 'C ;::: o CI) - o CI) Q) c; CI) ~ c :J co en en ~ ::..It o C\I :.e o o L- Q) ..c. 5 <i: II (J) L- Q) C O(ij C o u f- UJ Q. D (J) c ctl u E ::I c OE ::I <i: G III Q) - CU - en "'C CI) Q) III :t: 0 Co ~.s::. _ u CU .c f! - CI) ~ E C ::I ::I ~ ~ 0 ,5 u CU - C o o tfttfl.tf!.';ft.";f!ffl.ffl.f1!.'?ft.tft.ffl. 00000000000 OO>COf-.COLO'<t(,)C\l..- ..- o ";: CU - CI) C III o 0 ... 0 CU..c. S u III III :: '- C CI) ::I E ... ::J CI) C/l .5 C CU 0 ... u C o o ~~~~~~~~~~~ o 0> ~ ~. ~ LO ~ M C\I ..- .... ~ 0> m ..- o m 0> ..- LO co 0> ..- o co m ..- 10 f-. 0> ..- ~ 0> 0> ..- ~ Q) c Iii o C 0> 0 0> U ..- tu Q. D Ul \l) en co co ~ a a: z . (J) o Ul co co ~ a Q) a: D Ul U') c ~ ell (I) () ..- m ... .. ~ m m .... en "- CD c: O(ij 'E o u tu a.. D >- '5 .., <( o C/) U ~ 5 o fI) .. ... .. Ul Ul CO a a: z . .. Ul Ul co a a; a: D lIlIIi ... Ul c: co u E ::J C E ::J <( ED .. .. .. CI) "- CD c 'iil 'E CI) 0 ~ u E ! Cl)Q ~~ 'Olfil Q) = :0:'::: <ll ~ a; g ... c: gg ~ ~ CD CD ~~ 8(1) act) CI) CI) as CO aa CD a: a:Z . . .. ... ... .. .... ....:t\i .. en CD o Z "'" ... .. - - iIII. iIII. iIII. iIII. .. iIII. iIII. .. iIII. .. iIII. - T - Ontario taxpayers can count on the soft _frink industry to cover the cost of recycling its containers in your blue box. ":oday and in the future. For more information, call (416) 483-5438 .. The e~ drink Industry Is a c;o-funder of Ontario's Don't frash cane! c;ampalgn - .. .. .. .. .. - - .. - .. .. - .. - .. - - - - ONTARIO GOOD ROADS ASSOCIATION 1998 Annual Conference Workshops COUNCIL INFORMATION 1-15 S~8JfY r?!RQl1>li~UJ,ties, new legislative and regulatory frameworks, new municipa1itie~. 1liow will Ontario's municipalities deal effectively with the . changes and challenges facing them as a new era emerges for Ontario's municipalities? OGRA's 1998 conference program has been designed to meet the needs arising from these changes and challenges. The program is geared to answer the many uhow" questions facing municipalities today. . How will the municipal bylaws regulating usage of municipal roads and structures be enforced? . How can performance measures be used to increase the efficiency and effectiveness of roads operations? . How can information and technology work effectively together to help manage municipal public works infrastructure? . How can you lengthen the life of your bridges and structures and meet your new obligations to maintain them in good repair? . How can municipalities support local airports and the role they play in the province's transportation system? . How can your employees become an effective team to deliver municipal services? . How have tendering and purchasing practices changed, and how can municipalities access information in the new contractor and consultant rating system? . How can municipalities increase travel safety in their communities? . How can municipalities meet the transportation needs of an aging population when planning their communities? . How can community transportation be more integrated and effective in meeting the needs of citizens? Get the answers to these and many other questions by attending OGRA's 1998 Annual Conference! TRANSPORTATION - WORK AHEAD! ONTARIO GOOD ROADS ASSOCIATION 1998 ANNUAL CONFERENCE ... ... February 22-25, 1998 ... Royal York Hotel, Toronto Ontario's municipalities are coping with an unprecedented period of change. This year's conference theme Transportation, Work Ahead will focus on information and strategies to deal with the many complex issues resulting from change. Program highlights include: ... .. · Invited Keynote Speakers: Hon. AI Palladini, Minister of Transportation; Hon. AI Leach, Minister of Municipal Affairs and Housing; Jan Rush, Deputy Minister of Transportation. ... .... · Plenary sessions on the transportation aspects of the New Municipal Act, and new mandatory maintenance standards for municipal roads and bridges which, if met, will give municipalities relief from liability. .. .. · Annual meetings of and workshops sponsored by the Municipal Engineers Association and the Association of Ontario Road Superintendents. ... ... · Information centres for marine, air and rail issues. · OGRA information centre showcasing our wide range of services and programs. ... ... · Trade show and information centres featuring new technology, services and products. ... · Presentation of long service and educational awards at the Awards Luncheon on February 24th. .. · Resolutions from member municipalities will be debated on February 23rd. .. · Workshops to help councillors, roads managers and road superintendents deal with the many changes they face in their day to day operations. See over for details. .. IIIIi . . .lover .. ill \,...\ j COUNCIL INFORMATION CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1-16 ill MINUTES - NO.8 AUTHORITY MEETIJt!.30 2 18 PH '91 .. Tuesdav. September 16. 1997 - 7:00 P.M. - Present: R. Johnson, Vice Chairman R. Boychyn G. Emm J. Gray H. Hall L. Hannah I. Harrell R. Lutczyk B. Nicholson .. .. ... J. R. Powell Chief Administrative Officer S.L. Hanson, Director of Corporate Services D. Wright, Director Environmental Approvals & Planning P. Sisson, Director Environmental Engineering Services M. Hrynyk, Superintendent M. Stauffer! Administrative Assistant/Recording'Secretary T. Aikins, Planner R. Hersey, Planner L. Hatherly, Policy Development Co-ordinator .. .. ... Excused: R. Anderson, Chairman M. Brunelle J. Drumm C. Elliott - The Chairman called the meeting to order at 7:02 p.m. . DECLARA nONS of interest by members on any matters herein contained - NONE - ADOPTION OF MThvrES - Res. #92 . ..- .-..-. . ..- - ". - -. - -'-~'..__.~. _.' - .--..~_. --, Moved by J. Gray 015 -1~UTION I Seconded by L. Hannah , C!. E ii 1< /~l,.J ____ _"_ _, , THAT the Authority minutes of Tuesday, July 15, 1997 be adopted as cir~uIiiIUB,' y',...~...,. " _ _' ;jf. CARRIED . ; ('R'f"~I" r Q i ! lit l\":lHf~l. .I . _ .. _..... ; ,...----.-....-. -.. -..-- --- ------. , (\~-li:':i' "'J',. ~ , ....."'1.., - fl. ~ f-----..-....--- - .. ...~-;- .__........--.~..f 1=~-=:~~. :,.......:,. .::~..:.~:='=~=i ~'_... --.....--- ..-, ,.... ---'--l t-....... ..... .......--.-.; ,,""-" ..... -....... .Iu._._.,_---..J. . ; I L....~ _. _.__..____..~ .,' _". .;_. _..._.._---[ ~ (! ..---...... .. -.. ....-....__ _.... _..!_....__--...t i \) ,." ,~.i~Q_{~:~C~.~_:.:) - - - - - AUTHORITY MEETING MINUfES - September 16,1997 - PAGE 2 AI J .. HEARINGS - ONTARIO REGULATION #145/90 .. 7: 15 p.m. Staff Report: File No.: Applicant: Application: Location: #4186-97 (attached as Schedule 3-1 to 3-4) C97-301-C Aston and Joanne Cover The application proposes to enclose an existing carport and storage area and to enclose the roof of the carport and storage area each at the north end of the existing building on the site, within the floodplain of the Bowmanville Creek. Part Lot 10. Broken Front Concession Clarington (former Darlington Township) .. .. .. Mr. & Mrs. Cover were in attendance and made a presentation to the Board, stating that they were not in agreement with the recommendation made by staff. D. Wright made a presentation and answered questions from Board Members. Discussion ensued. Councillor Hall arrived at 7:06 p.m. .. Res. #93 Moved by I. Harrell Seconded by J. Gray .. 1. THA T the appliCalion as it pertains to the construction of the addition above the carport/storage area on the north side of the existing house and the raised deck on the south side be approved subject to the following conditions: (a) the construction shall be based on plans submitted by the applicants, amended as may be necessary to ensure structural soundness, provided no enclosures of ground floor areas occur; and, (b) the applicants shall enter into a save-harmless agreement with the Authority to be registered against .. the title of the property at their expense. THA T the application as it pertains to the enclosure of the carport/storage area on the north side of the existing house and floor construction within this area be denied for the foUowing reasons: (a) The proposed enclosure is subject to a severe flood hazard under regional stonn conditions, and residents and emerge1lcy rescue workers would be subject to a substantial safety risk. (b) Approval of the application would promote the intensification of residential use below the regional storm flood/ine. (c) Due to the anticipated depth of flooding under regional storm conditions, floodproofing of the proposed enclosure is not feasible. (d) Approval of the application may set an undesirable precedent; and furthermore, .... THAT the enclosure of the carport and storage area and its associated inner floor construction completed without the Authority's approval be removed no later than 14 November 1997, to bring the carport into conformity with the Authority's approval for the structure issued in August 1987. MOTION DEFEATED llII 2. .. .. .. Res. #94 Moved by L. Hannah Seconded by B. Nicholson .. WHEREAS the enclosed carport/storage area will not be used as a residential component for sleeping,'; WHEREAS the only access to the enclosed carport/storage area is external; .. THAT the application as it pertains to the construction of the addition above the carport/storage area on the north side of the existing house and the raised deck on the south side, and the application as it pertains to the enclosure of the carport/storage area on the north side of the existing house and floor construction within this area be approved subject to the following conditions: (a) the comtruction shall be based on plans submitted by the applicants, amended as may be necessary to ensure structural soundness;, (b) the applicants shall enter into a save-harmless agreement with the Authority to be registered against the title of the property at their expense; and, (c) the applicants agree to grant permission for staff to enter the proposed carport/storage area to verify compliance of conditions of approval. CARRIED .. .. .. .. .. AUlHORlW J\olEETING I\flNUTES - September 16, 1997 - PAGE 3 .. DELEGA TION - WAYNE BOLAHOOD, QUANTUM HOMES Mr. Wayne Bolahood of Quantum Homes was in attendance and made a presentation to the Board. Correspondence Item #973414 (attached as Schedule 4-1 to 4-8) was previously distributed to members. Rob Larocque of D.G. Biddle & Associates and Mr. Randy - Jeffery of Birchdale Investments Ltd. were in attendance. Discussion ensued. _ Councillor H. Hall was excused from the meeting at 7:50 p.m. DELEGATION - ROB LAROCQUE, D.G. BIDDLE & ASSOCIATES - Mr. Rob Larocque of D.G. Biddle & Associates was in attendance and made a presentation to the Board. Mr. Larocque distributed a Chronology of EveTlls and Design Highlights, dated September 16, 1997 (attached as H-3 and H-4). Mr. Randy Jeffery of Birchdale - Investments Ltd. and Mr. Wayne Bolahood of Quantum Homes were in attendance. Discussion ensued .. DIRECTOR OF ENVIRONMENTAL APPROVALS & PLANNING REPORTS (I) Staff Report #4182-97 (attached as Schedule 4-9 to 4-27) Rezoning and Site Plan Application DEV 96-010, Proposed Commercial Plaza Birchdale Investments Ltd., Randy Jeffery Part Lot 35, Concession 2, Municipality of Clarington .. - ADDENDUM to Staff Report #4182-97 (attached as Schedule H-l to H-2) Rezoning and Site Plan Application DEV 96-010 Response to Issues Presented in Quantum Homes Delegation Report - Res. #95 Moved by B. Nicholson Seconded by G. Emm - WHEREAS Authority objectives have been met; THA T the Authority Board direct staff to process the necessary pennits relating to the site development at Birchdale, without reference to the Rosebridge properly; THA T, the Authority Board direct staff to review the Rosebridge site and storm drainage matters at the time of development application, which must also meet the Authority's objectives; THAT the Authority Board direct staff to review the Quantum Homes site and stonn drainage matters at the time of development application under the same storm water alternatives available to Birchdale, auessible as an option to Mr. Bolahood, and which must meet the Authority's objectives. - .. Res. #96 Moved by B. Nicholson Seconded by 1. Harrell - THAT Mr. Bolahood have an opporlunity to make additional comments at this time. CARRIED .. Mr. Bolahood stated that other options were available such as a step-by-step, co-ordinated phased-in alternative or request that the Region of Durham be required to contribute to the development of stormwater drainage matters. ... RESOLUTION #95 CARRIED .. .. .. AUTHORITY MEETING MINUfES - September 16, 1997 - PAGE 4 ~ I .. DIRECTOR OF ENVIRONMENTAL APPROVALS & PLANNING REPORTS (continued) ... (2) Staff Report #4183-97 (attached as Schedule 4-28 to 4-39) Applications for Construction. to Place Fill and to Alter a Watercourse .. Councillor Nicholson commended staff for taking proactive steps in increasing public awareness that CLOCA approval may be required for their projects, and that this was evident in the large number .of applications approved in Staff Report #4183-97. Res. #97 Moved by J. Gray Seconded by R. Lutczyk .. THA T the following applications be approved and the respective permits be issued: lIIIlI Mr. R. Carruthers Mr. R. Carruthers Fridel limited Vince, Sam and Vito Roti/Axis Planning Mark Tomina The Peterborough, Victoria, Northumberland & Clarington Roman Cat/zolic Separate School Board Shirley Kabatoff The Consumers Gas Company lid. W. G. Dallas Robert G. Boyer Paul Halminen Devon Downs Developments Ltd. Camovale Homes Chris and Leo Caldwell Michael and Ann Dee Albright 290572 Ontario lid. The Oshawa and District Association for Community living/Oakridge Environmental lid. Consolidated Canadian Contractors St. Marys Cement Corp. Dennis George Charles and Jane Rowe Charles and Jane Rowe Al and Gayle Wotten/Keuning Construction limited Glen and Barbara Parks John and liz Dragstra/David Veenstra Terry Klawitter Craig Hudson Westlake Estates/Bruce Rondeau The Corporation of the City of Oshawa lVinvalley Contracting/Mr. and Mrs. Alex Sosna Qual-Effie Body & Show Ind. Muriel Jeffery/Jeffery Homes Mr. Steve Givelas Mrs. Jenny RekarlAndelwood Homes Mr. Sulejmanagic Safet Al Reading/John Fayer Ontario Conference SDA Church/E. Mueller Frederick Robinson Strahl Construction lid. Fridel limited Benedetto Graziovi Steve Devecseri - C95-297-F & C95-298(297)-A (RENEWAL) - C97-076-F(l8T-87086) - C97-155-F,C(l8T-90046) - C97-188-F - C97-192-F,A .. .. - C97-195-F - C97-197-F - C97-201-F - C97-206-F - C97-212-F - C97-216-F - C97-217-F, C(l8T-90004) - C97-225-F(18T-92001) - C97-254-F - C97-256-F - C97-260-F IIIIiI .. .. - C97-264-F - C97-266-F - C97-270-F - C97-273-F - C97-274-F(l8T-96002) - C97-274-F, C&A(l8T-96002) - C97-278-F - C97-279-F(l8T-81023) - C97-284-F - C97-288-F - C97-291-F - C97-297-F(l8T-89038) - 097-058-F - 097-104-F - 097-17O-F - 097-173-C(l8T-87046) - 097-174-F - 097-178-F - 097-189-F - 097-194-F - 097-196-F - 097-198-F - 097-200-F - 097-218-F(18T-88091) - 097-223-F - 097-228-F(l8T-94003) ... .. .. .. .. .. .. .. ... - AU1'HORIT'i' MEETING J\1INUTES - September 16, 1997 - PAGE 5 .. Res. #97 (continued) .. Ugo and Cathy Chiodo Antony Wood Margaret Beattie/Dan Beattie Cathy Roestenberg Juanita Willis City of Oshawa/Friends of Second Marsh Ron Richards Al Brohm M. Zygocki/Finefield Homes Mr. and Mrs. Ferguson/Andelwood Homes Jeffery Homes Robb Caswell/Sandy Lupton Bill Andrews KPMG Inc. clo G.M. Semas and Associates Luke Andrews/Sandra Noble Robert Brown/Patricia Armitage Doug and Chery Hoyle William Belben Bev and Joe deLottinville Willialn and Betty Maclean Linda Ambrose/Russell Loader Georgina Mclntyre/Rosswill Pools Ewing Pools/Dawkins/Vandevalk Chris Fehertoi Paul Hambly Mark Kalbeleisch Wm. Joseph Cooper George and Mary Lou Skinner Mr. and Mrs. J.L. MacDonald Frank and Judy Giraldi Ken Clement Mary Jane and Jim Yeates Guy Giroux Lynde Shores Properties Inc. David and Maureen Midwood Jm Perkins/Sandra Crawford Jim and Nadia Athanasoulis Debbie Brooks Anne and Greg Malta N. Leuy/S. Crawford Palbac Developments Ltd.!J. W. Design Mr. and Mrs. Alan Glaspell/Ewing Pools Mark Janus Brian and Elaine Lalie Ontario Hyundai c/o Nick Collucci Pauline Barker Vicdom Sand and Gravel Jan Zahn John Giroux Ann Harrison Bill Duncan/Dan Spigulis Glenn and Tammy Baker Regional Municipality of Durham Bruce and Karen Schad CARRIED - - - - - - .. - .. .. .. - - - - - - 097-232-F - 097-240-F - 097-242-F - 097-2S0-F - 097-2SI-C - 097-268-F, C,A - 097-27S-F, C(J 8 T-83023) - 097-281-F - 097-282-F - 097-283-F - 097-29o-F(18T-87046) - 097-294-F - 097-29S-F - W97-121-F(J8T-860S0) - W97-17I-F - W97-172-F - W97-176-F - W97-179-F - W97-180-F - W97-182-F - W97-184-F - W97-18S-F - W97-186-F - W97-187-F - W97-190-F - W97-191-F - W97-203-F - W97-204-F - W97-20S-F - W97-209-F - W97-211-F - W97-21S-F - W97-220-F - W97-222-F, C,A(l8T-90037) - W97-227-F - W97-234-F - W97-236-F - W97-237-F - W97-238-F - W97-239-F - W97-2S2-F - W97-2S3-F - W97-25S-F - W97-2S7-F - W97-2S8-F - W97-261-F,C - W97-26S-~ C - W97-276-F - W97-277-F - W97-280-F(l8T-79014) - W97-282-F - W97-296-F - W97-296-F, C,A - W97-300-F. AUTHORITY MEETING MINUTES - September 16, 1997 - PAGE 6 " '"~ ... DIRECTOR OF ENVIRONMENTAL APPROVALS & PLANNING REPORTS (continued) .. (3) Staff Report #4187-97 (attached as Schedule 4-40 to 4-55) Goodman Creek Two-Zone Floodplain Management Policy .. Res. #98 Moved by B. Nicholson Seconded by I. Harrell ... THA T the revised hydraulic analysis apd floodplain mapping of the Goodman Creek - City of Oshawa Two-Zone Floodplain Study, King Street to east of Stevenson Road, Rand Engineering Corporation, August 1997 be adopted as the Authority's technical model and floodplain mapping for the study area,' THA T the Authority adopt the report recommendations for a two-zone approach to floodplain management within the study area; and, THAT the Authority endorse in principle, tire Draft Two-Zone Floodplain Management Policy for the study area. CARRIED .. .. .. ClllEF ADMINISTRATIVE OFFICER'S REPORTS Res. #99 Moved by B. Nicholson Seconded by L. Hannah .. THAT tire meeting convene "In Camera" CARRIED .. Res. #101 Moved by R. Lutczyk Seconded by I. Harrell .. THAT the meeting reconvene. CARRIED .. Res. #102 Moved by B. Nicholson Seconded by R. Boychyn .. THAT the actions of the "In Camera" session be adopted. CARRIED .. MUNICIPAL AND OTHER BUSINESS Mr. Powell, Chief Administrative Officer, requested that a preferred date be established for CLOCA's 2nd Annual Awards .. Ceremony. Staff was directed to change the date of the December Full Authority Board Meeting from Tuesday, December 16 to Tuesday, December 9 and that the Awards Ceremony be held on Tuesday, December 16, 1997. ... Councillor Emm inquired as to the status of CLOCA selling any part of the Heber Down Conservation Area, as Councillor Joe Drumm had received inquiries from the Whitby Aero Modeller Club, which uses part of the conservation area. Ms. Sandra Hanson. Director of Corporate Services, stated that it was possible that the inquiries were as a result of recent staking that had been put in place to dctcrmine the capacity of the landfill site, located on the property. There are no plans to sell any part of land at the Heber .. Down C.A. at the present time. Councillor Nicholson commented on the smaller size of the grass-cut area around the administrative office building. Sandra Hanson ... stated that the office property was becoming more naturalized and also that some areas have been planted with tree samplings as part of the naturalization process. ... ... .. AUTHORITY MEETING MINUTES - September 16, 1997 - PAGE 7 .- MUNICIPAL AND OTHER BUSINESS (continued) -Councillor Johnson reminded members of the upcoming Conservation Ontario 1st Annual "Natural Connection" Golf TournamelU to be held on Monday, September 22, 1997 at the Board of Trade of Metropolitan Toronto Country Club in Woodbridge, Ontario. In addition, Councillor Johnson inquired if any members would be interested in participating in the golf tournament or if any staff ..member would like to attend the dinner. Councillor Emm and Councillor Boychyn expressed an interest in participating in the tournament. Councillor Emm asked to bring forward a resolution from the previous Executive Committee meeting on September 3, 1997. As the -resolution was not a referral to the Full Authority, Vice-Chairman Johnson stated that a leave to introduce would be necessary and that a 2/3 majority was required to permit a leave to introduce. _Res. #102 Moved by G. Emm Seconded by B. Nicholson - THAT Ex. Res. #43/97, dated September 3, 1997, regarding Staff Report #4180/97, Lynde Shores Marsh- Application for Review by the Environmental Commissioner - Sierra Legal Defence Fund, be brought forward and referred to the Full Authority Board of Directions. MOTION DEFEATED - Councillor Emm asked for a recorded vote to verify. - MEMBER YEA R. Boychyn X G. Emm X J. Gray L. Hannah X I. Harrell R. Johnson X R. Lutczyk B. Nicholson X NAY ... ... X X X ... MOTION DEFEATED AS 2/3 WERE NOT IN MAJORITY. - ADJOURNMENT Res. #103 Moved by L. Hannah Seconded by I. Harrell - THA T the meeting adjourn. CARRIED ... The meeting adjourned at 8:57 p.m. - NOTE: Back up material available in Clerk's Dept.. - ... - - - ... - ... ... - ... - - - - - - - - ... - - COUNCIL INFORMATION 1-17 130 Malcolm Road. Guelph, Ontario N1K 1B1 · Phone: 519-824-0334 · Fax: 519-824.9101 -;- '~ll\~\\~~\ /i~.(le:\.\~ \h ~a (\?t\G(,\,:;'i> . "',\, Jr..r ~?ne page via fax 905-623-5717 - original to follow by mail \\".'j.. f' '. '\'..', i "iT fj \.l " \)\.~\ October 1, 1997 Ms. Diane Hamre - Mayor Municipality of Clarington 50 Temperance Street Bowmanville, Ont. L 1 C 3A6 Dear Ms. Hamre: .,t:\Z}.\ ,,",,\\'-'''' . ('.\..1'\ . . "'xl ()\- -. ..\!~., , \ \ \"\ _',.,.,""~U""" \ \..'\\~t\'".\ IS \,;\ . ~lI\:lW" ,~.;,~.~~\j\\ AGENDA I am writing to you today to request the assistance of your municipality in a study that the Ontario Cattlemen's Association (OCA) has initiated on cattle losses due to coyotes. The reason for this study is the rising number of cattle losses each year to coyotes. Eugene Fytche has been commissioned by OCA, with funding assistance from the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), to undertake a research project on cattle losses to coyote predators. Eugene will be visiting 5 townships throughout Ontario that have experienced high levels of claims, which includes the Municipality of Clarington. He would like to discuss this topic with several local knowledgeable people to obtain insight on this issue, including the Township Clerk/Chief Administrative Officer and Livestock Valuers. Eugene has written or will be writing to the Clerk/Administrative Officer with more details on this study. In addition, Eugene will also be discussing this issue with the President of Durham East County Cattlemen's Association, representatives of local hunters and trappers' clubs and local representatives of the Ministry of Natural Resources. Other activities in this study include a review and analysis of compensation claims over the last 10 years in the province and a survey of producers in selected counties. Hopefully, your township officials would be willing to meet and discuss this topic with Eugene when he is in your area in late October. To provide some background on this issue, last year (1996-97), 863 head of cattle were lost to coyotes, according to OMAFRA compensation figures. In 1986-87, coyotes accounted for 183 head of cattle losses and in 1987-88, cattle losses equaled 143 head. These figures do not indicate the severity of losses on some Ontario farms, where losses have exceeded five head per year. With the increased losses due to predators, there has been a corresponding rise in compensation claims that OMAFRA has paid to livestock producers under the Livestock, Poultry and Honey Bee. Protection Act. With this increasing problem, representatives from OCA, OMAFRA, Ontario Sheep Marketing Agency, Ministry of Natural Resources and Ontario Federation of Agriculture have been discussing options to reduce the risk to livestock from coyotes and as a result, to reduce the need for OMAFRA's expenditures on compensation. It you have any questions Dr comments about this study, please do not hesitate to contact m~ ~~R~~~TION-.. Thank you for considering this issue. i '~~r.RK . .. _ : ,....., -..... "'~.I\. 8Y._ Yoursyery truly, dew Copy to: ! 1::?i:5 TO: t . r i I J :--~ .... _'___1 I '-- I -1~ . -..-. I . ,- --- ! : - ---.--1 :------ ..--_..__.~ -.'------.J Eugene Fytche :..---. -.---,----,1_ I Durham East County Cattlemen's Association representatives (Dave David~Q.o.J:C!~~~~e I I McLaughlin, Lawrence Avery) . ~______._____ --r- j . -r---.' P/Lfh I. ..,~ 1 ~r Peter Doris, Special Projects Manager ... ~( ;- "." - - - - - - - - - - - ... ... - - - - .. COUNCIL INFORMATION Off\Cf Of THE MAYOR 1-18 THE CORPORATION OF THE TOWN OF CALEDON September 29, 1997 .'''ENDA j;,'.~~ Honourable Minister AI Leach Minister of Municipal Affairs & Housing 777 Bay Street, 17th Floor Toronto, ON M5G 2ES Dear Mr. Leach: At the recent meeting of GT A Rural Mayors and Ministry of Municipal Affairs and Housing staff Elizabeth McLaren and Joseph Newton and OMAFRA staff Bob Seguin and Dennis Flaming, on September 12, 1997, there was much discussion on the impact of downloading and pooling in the GT A Rural municipalities. We understand that, since that date, you have committed that you or your staff will be meeting with each municipality after October 6th to explain local impacts and how the revenue neutrality is expected to be attained. The discussions at the meeting resulted in a request to meet with you on this matter; however, since your recent discussion we will reserve that request until we have a clearer explanation of the expected changes. The other issue for discussion at the September 12th meeting was the development of a countryside plan for rural areas in the GTA. Farrow's report "Getting Together" is presently suggesting the termination of the Regional government system. The rural GTA municipalities generally feel that this would be unwise, as it is a system that has served the GTA well and there is lio clear picture, at this time, of what else the Province would suggest for a governance model to maintain these vibrant rural municipalities within the GTA. Since our municipalities will be affected, we want to be at the table working with you on a long-range plan for our country-side areas. Our stewardship model for agricultural lands, headwaters, greensp'l-ce and other resources and our small towns and villages, is paramount to our resid~nts and businesses, as well as for the well-being of the overall GTA. . . .. . ./2 6311 Old Church Road, Box 1000, Caledon East, Ontario LON 1 EO Telephone: 905-584-2272 . Georgetown and Erin exchanges use Zenith 86130 · Fax: 905-857-7217 .... , ~ ., ... .. Minister Ai Leach September 29, 1997 Page 2 of 2 .. .. Through our reports on the Farrow recommendations, we have requested reconsideration of the recommendations. We have, also asked for a 3 year reprieve to determine a future plan, if you intend to charge ahead with the GTSB. We have heard no response from your office. .. .. \Ve want to ensure that our voices are being heard. Are there any GT A rural municipal representatives on your Transition Team to make our position clear? If any restructuring is to be effective and acceptable, you need to plan with us, not against us. .. The GT A Rural Mayors will continue to meet with your staff. Weare prepared to bring residents interested in the governance issue as well as business representatives from our communities to the table. Weare presently awaiting information from your staff on materials which are available to date. We look forward to long-term planning together for the continued viability of the bread-basket and headwaters of the entire GT A. \DIST.~' ~ IT,lON OLERK .L.:.id.- ...- ACK. 8Y. ' 1_ OR~~~ '':' .-~ L~~ cS T~ ------- 1 ~_., - '-~' '1 I '- -1 i~~~----~"--~_4t - r----=-........----.....-.--l 1 L~-..----,-.~------{ i _ J.. J r...---._.~....--.-..-- -~ t t i.____-,...,~, __.__d__-~ \ \ i, , - -.--:------ r~..'~.,.----_..- ,\ t Cf~[;' ~ .{So-d:~r.t::"J .. .. .. .. Carol Seglins Mayor TOWN OF CALEDON .. .. .. CLSke 293.97 .. .. ... .. "\ .. - V~\CIP.<1< ~ R II- i Q-R~: ~ '-t)' 01; 0,0 o~ OUrAN'\ r ~C1 \) COUNCIL INFORMATION METRO CLERK 1-19 5 0 Z r~ '~1 Novina Wong Metropolitan Clerk Ralph Walton Deputy Metropolitan 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 metroclerk@metrodesk.metrotor.on.ca http://www.metrotor.on.ca - - - - September 30, 1997 - - Ms. Pattie Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AG - Dear Ms. Barrie: - I am enclosing for your Information and any attention deemed necessary, Clause No. 3 contained in Report No. 19 of The Planning and Transportation Committee, headed .Protection of Rail Corridors In the GT A., which was adopted, as amended, by the Council of The Municipality of Metropolitan Toronto at its meeting held on September 24 and 25, 1997. - - May I draw your attention to the amendment by Council found at the beginning of the Clause. . ,.,. .------.----. ,.._, _..... -. _.- ---.... --'_...~ , rl'~"~~"~:" 1ll'ION I 1 ~",,,, , ~ . ~. - '-" 10. ; .,. I - '0' ;. :-:.t\ _ __ ..,,;.....:w,,~__"""'-_~... 1 Yours truly, - . . .. i3"{ - ~ I , ~ ~ -=-:.:=:i - . i .-.-' _...-.--~-.;_.- ",-- '. --.---.-f t;:~;;"~~:.~_:;..;# - ~MetrOpolilan Clerk R. Wattonjgc : ~'(;;;~:..::,,~ . ......; "..'- - " .... .,___ n.___-<o'.....~ 1 :.. ._. ~.---' -- ~'.-"'1. i .. --. "--1 ! Encl. ; -- ~~,-#._....; - Clause sent to: Minister of Transport, Government of Canada Minister of Municipal Affairs and Housing, Province of Ontario Minister of Transportation, Province of Ontario New City of Toronto Council Special Advisor to the Minister of Municipal Affairs and Housing on the Greater Toronto Services Board Project Chairman and President, Board of Directors of the Greater Toronto Airports Authority Commissioner of Finance and Treasurer Acting Commissioner of Planning Managing Director, GO Transit Chair, Railways to the Future Committee Regional Clerk, The Regional Municipality of HamiltonfWentworth Regional and Area Municipalities Within the Greater Toronto Area .' 00 d :'G'L.~-:'~:'~~:_~~ - - - - ... .. - ... .. - - - ... ... ... - - ... - ... - ... ... .. \., tQ.13~~ ~ \rJ-D f 1I0.oC> U 9;-0 Ol./TAti ~O METRO CLERK Clause embodied in Report No. 19 of The Planning and Transportation Committee, as adopted by the Council of The Municipality of Metropolitan Toronto at its meeting held on September 24 and 25, 1997. 3 PROTECTION OF RAIL CORRIDORS IN THE GTA. (The Metropolitan Council on September 24 and 25, 1997, amended this Clause by adding thereto the following: "It is further recommended that: (1) the Greater Toronto Area Airports Authority be urged to connect the Lester B. Pearson International Airport to the new City of Toronto, using existing rail conidors,' and (2) the Acting Commissioner of Planning and the Commissioner of Finance and Treasurer be requested to include consideration of developing a rail link to Lester B. Pearson International Airport, in any future discussions respecting Federal/Provincial/Municipal Infrastructure Programs supporting rail corridor acquisition. If) The Planning and Transportation Committee recommends the adoption of the following report (August 15, 1997) from the Acting Commissioner of Planning: Purpose: This report recommends a strategy for the long-term protection of rail corridors in the Greater Toronto Area and responds to a number of related requests (listed in Appendix A) from the Planning and Transportation Committee and Council. Financiallmolications: Abandonment of rail corridors by the railway companies may lead to acquisition of corridors by the New City of Toronto. or the Greater Toronto Services Board (GTSB) which is proposed to be funded, in part. by the New City. Recommendations: It is recommended that Metropolitan Council: (1) support the protection of all rail corridors for continued passenger and/or freight rail operations and future municipal infrastructure needs: .... 2 (2) adopt a strategy for the protection of all rail corridors within Metro whereby: (a) the Greater Toronto Services Board (GTSB) takes prime responsibility for protecting all corridors within Metropolitan Toronto which are part of the existing and future commuter rail network as identified in the Metro Official Plan; (b) Metro, and the new City of Toronto, working with adjacent Regions as necessary, assume responsibility for protecting all rail corridors within Metropolitan Toronto not required for the existing and future commuter rail network, based on alternative strategy No. (2) as outlined in this report, Le., considering acquisition only through the formal abandonment process in accordance with the provisions of the Canada Transportation Act; and (c) to ensure that all relevant information is available for negotiations with the railways within the limited time frames of the formal abandonment process, Metropolitan Toronto and the New City of Toronto undertake detailed analysis of each corridor once they are identified in the railway companies' three-year plans; (3) request the Province of Ontario to ensure that the mandate of the GTSB includes responsibility for the protection of all rail corridors required for existing and future commuter rail service as identified in the Metro and other regional Official Plans; (4) request the GTSB, upon its formation, and with the involvement of staff of the New City of Toronto. the Greater Toronto Area (GTA) Regions and Hamilton-Wentworth, to: (a) give high priority to the development of a comprehensive strategy for the protection of all rail corridors required for existing and future commuter rail service; (b) evaluate, on a business case basis, the financial costs and benefits of acquisition of rail corridors relative to leasing before entering into any long-term operating agreement with the railway companies; and (c) immediately prepare, in consultation with Simcoe County and the City of Barrie, a co-ordinated acquisition plan for the section of the CN Newmarket subdivision from Toronto to Barrie proposed to be abandoned; (5) request GO Transit to assist Metro staff in developing a plan to protect the CP Don Branch (from Cherry Street to Millwood Road) by the end of this year, including an assessment of the value of the corridor; (6) request the Provincial and Federal governments to allow any rail corridor acquisition by the GTSB or municipalities to be eligible for existing and any future joint Federal/Provincial/Municipal infrastructure programs; and (7) forward copies of this report to regional and local municipal councils in the GT A and to the Region of Hamilton-Wentworth with a request that they support Metropolitan Council's position with respect to the leadership role of the GTSB in protecting rail corridors required for existing and Mure commuter rail service, and Provincial and Federal cost-sharing of GTSB and municipal rail corridor acquisitions. .... ~ ... ... .. ... .. .. .. .. .. .. .. .. .. .. .. .. III .. ... - - 3 ... Backaround: - The process for the sale, lease, transfer and abandonment of rail rights-of-way was changed through the Canada Transportation Act enacted In July, 1996. The Act specifies a simpler and quicker process, with explicit time lines, by which railway companies can discontinue operations. The abandonment process (outlined in Appendix B) requires as a first step that railway companies identify the rail corridors that they intend to abandon In three-year plans. CN and CP (St. Lawrence and Hudson Railway In eastern Canada) announced their three-year plans In July and August, 1996, respectively, which identified the following lines within the GT A (see Figure 1) for abandonment or transfer: - - - (1) CP Galt subdivision: from the westerly limits of Toronto Terminal Railways (west of Bathurst Street) to West Toronto Diamond (north of Dupont Avenue). GO Transit presently operates on this line between Toronto Union Station and Milton; (2) CP Havelock subdivision: from the Aglncourt Marshalling Yard (Scarborough) to Havelock; - (3) CP Belleville subdivision (Don Branch): from Cherry Street (Toronto) to Millwood Road (East Yark); and - (4) CN Newmarket subdivision: from Dundas Street (Toronto) to Barrie. GO Transit presently operates on this line between Toronto Union Station and Bradford. - GO Transit recently negotiated a long-term (99-year) lease for the subject section of the Galt subdivision (see (1) above) prior to Initiation of the formal abandonment process. In addition, CP transferred its Havelock subdivision (see (2) above) to an internal subsidiary (Kawartha Shortline Railway) to continue rail operations. Of more Immediate concern to Metro Toronto, therefore, is the disposition of the two remaining lines: the CP Don Branch and the CN Newmarket subdivision south of Barrie. - - Metropolitan Official Plan and Changing Governance Contexts: - The existing railway lines within Metro and the GT A, as shown in Figure 1, form an integral part of the urban infrastructure in the GT A Metropolitan Council, through its Official Plan, has recognized the importance of the network of rail corridors In improving rapid transit accessibility throughout Metro and providing linkages to the adjacent Regions. The Metro Official Plan advocates the efficient use of existing transportation infrastructure (including rail corridors), explicitly. supports improvement of commuter rail service. and encourages public agencies and the private sector to adopt strategies for the reduction of carbon dioxide emissions. Any loss or disruption of commuter rail service would have significant adverse impacts on a portion of the 100.000 passengers that currently use GO Transit each day and on the achievement of Metropolitan reurbanization, transportation and environmental policies. The protection of rail corridors is essential to: - - - (1) provide for an efficient mode of transporting commuters over longer distances within the urbanized GTA (GO Transit system); ... (2) provide for transportation of freight; and - (3) allow for other future municipal needs to be met (e.g., bicycle/pedestrian trails. green space connections. other forms of transit and utilities transmission), since establishing such continuous linear corridors in the future would be very costly. - ... .. .. 4 .. With the proposed formation of the Greater Toronto Services Board (GTSB) next year, responsibility for GO Transit operations and co-ordination of interregional transit services in the GTA is expected to be part of the mandate of the new Board. Financial responsibilities for GO Transit are to be transferred to GTA Regions and the New City of Toronto. The down-loading of funding responsibility for GO Transit will both impose additional costs on GTA municipalities for the operating and capital subsidy (previously provided by the Province) as well as reduce municipal property tax revenue by approximately $3.8 million in 1996 dollars, as elaborated on later in this report. ... .. The railway companies are increasingly conscious of the financial performance of individual rail lines and have indicated their intent to dispose of non-performing corridors. They have aired concerns that, at present, property taxes on rail corridors are very high and that, with full implementation of Actual Value Assessment, they anticipate taxes will increase substantially. The property taxes on rail corridors are presently based on the assessed value of the adjacent land. The Who Does What Panel recommended that property taxes on rail corridors be based on the average assessed value of industrial property within each municipality and that tax discounts be permitted with the approval of the Minister of Finance. The GTA Regional Chairs wrote to the Minister in December, 1996, on the issue of tax discounts (see Appendix C). Based on Metro CAO staff review of Bill 149, The Fair Municipal Finance Act, and related materials, municipal property taxes for railway rights-of-way will not be based on an assessed value, but instead, through regulation, a per acre rate will be set for nine geographic regions throughout the Province. This approach may reduce or delay rail line abandonments, but in any case would have an impact on. Metro's tax base. ... ... .. ... Assessment of Alternative Strategies: .. The Planning Department in its report (April 29, 1996) to the Planning and Transportation Committee, recommended that Council request the Minister of Transportation to "develop a strategy, in consultation with GT A municipalities, to ensure the continued operation and improvement of commuter rail service in the Greater Toronto Area and, in developing such a strategy, to consider Provincial acquisition of the rail corridors". ... In light of the Province's clear intent to down-load responsibilities to municipal governments, the explicit time frames outlined in the Canada Transportation Act for the discontinuance process of rail corridors and the three-year plans announced by the railway companies, Metro Planning established an inter-regional working group in January of this-year to assess alternative strategies for protecting rail corridors in the GTA. The group, comprised of planning staff from the GTA regions and GO Transit, has met a number of times to develop and review options. In addition, Metro Planning staff met with Mr. Ross Snetsinger and Mr. Doug Thwaites of Transport 2000 Ontario to discuss their specific proposal and the protection of rail corridors in general. Staff also made presentations and received feedback on the subject at informal meetings of the Planning and Transportation Committee in July, 1996, and March, 1997. .. .. ... ... The following alternative strategies to protect the rail corridors were identified by the inter-regional planning staff group: .. (1) Pre-empt the Abandonment Process: The abandonment of non-performing corridors might be pre-empted by providing railway companies with some form of financial incentive (e.g., property tax relief) to encourage them to continue rail operations. .. .. .. " - - 5 - - (2) Public Acquisition of Rail Corridors, if necessary, Through the Abandonment Process: When the formal abandonment process Is Initiated under the Canada Transportation Act, the Province and municipalities have opportunities to acquire the corridors at net salvage value, if no agreement Is reached with a rail operator. .. (3) Public Acquisition of Selective Rail Corridors, in Advance of the Abandonment Process: A number of selected corridors could be acquired to ensure continued commuter rail service. Since the GTSB will likely be responsible for GO Transit operations beginning next year, it should co-ordinate the acquisition. The cost of acquisition could be borne by the GTSB, or the specific benefitting municipalities. - - (4) Public Acquisition of a Network of Rail Corridors, in Advance of the Abandonment Process: A complete network of raD corridors (e.g., all existing GO corridors) could be acquired by the Province, the GTSB and/or a consortium of municipalities, with Federal assistance. - - Municipal property taxes appear to be one of the key factors influencing the potential abandonment of rail corridors. There are two key facts for Metropolitan Council to consider in assessing the merits of tax relief: - 0) Metropolitan Toronto accounts for 72 per cent. ($8.6 million) of the total $11.9 million GTA rail corridor property tax bill (see Appendix D).. Therefore, uniform tax relief across the GTA or the entire Province would reduce Metro's revenue base the most relative to other municipalities. - The May, 1996, submission from Rail Ways to the Future Committee (a Task Force of Transport 2000 Ontario Inc.), chaired by Mr. Ross Snetsinger. entitled "Route Banking: Using Wealth of the Past to Create Wealth for the Future", proposed that Province-wide municipal tax relief be given to railway companies in return for the transfer of abandoned rail rights-of-way to the Province who would market the corridors for lease or purchase by rail operators. This approach would ensure that existing rail lines are either maintained by the railway companies or transferred to public ownership. However, Province-wide pooling of tax relief funds to acquire corridors,which may be abandoned would likely result in Metro tax revenues subsidizing other areas of the Province. While Metro would be the single largest contributor to the fund, there is no guarantee of a quid pro quo, since the corridors to be abandoned may be well outside Metro. - - - (ii) The second key fact is that GO Transit ends up paying approximately 54 per cent. ($3.8 million) of the total property tax bill for those rail corridors within the GTA which have GO service (see Appendix D). Furthermore, as freight rail traffic volumes are expected to continue to decline on many lines, GO Transit's contribution towards the property tax bill is expected to increase over time. Therefore, the net benefit to the railway companies of a tax discount would be significantly reduced for rail corridors with GO Transit service. - - ... GO Transit pays a portion of the municipal property taxes for each corridor it uses based on the relative volume of freight and commuter rail traffic. At present, the portion of the municipal property taxes paid by GO Transit results in a flow of tax dollars from the Province (on behalf of GO Transit) to the municipalities. Assuming that GO Transit is funded by GTA municipalities as a result of Provincial down-loading, Metro and the GTA Regions would be responsible for GO Transit's share of municipal property taxes. The property tax biil (approximately $3.8 million in 1996) paid by GO Transit would be a net loss of revenue to GT A municipalities from next year onwards. .. - " ... ... 6 At the October 30, 1996, Planning and Transportation Committee, staff were requested to report on an alternative concept to exempt rail corridors from municipal property taxes by asking the rail companies to deed these corridors to the municipalities in exchange for a $1.00 per year lease-back to the rail companies. While municipalities are exempt from property taxes if they own the rail corridors, the Assessment Act provides that, if municipally-owned lands are leased, the tenant or lessee must pay the applicable property taxes. Therefore, the proposed $1.00 per year lease-back would not exempt the railway companies from property taxes. ... .. .. There are also some important differences between the strategies to acquire rail corridors in advance of, rather than through, the abandonment process. Rail corridors acquired in advance of the abandonment process must be retained for railway operations, while corridors acquired through the abandonment process may be used for any purpose. The abandonment process, therefore, provides greater flexibility for future use (e.g., bicycle/pedestrian trails, green space connections, other forms of transit and utilities transmission) of the-corridors. The cost of acquisition of rail corridors for public ownership would also likely be lower through the abandonment process, since the Canada Transportation Act limits public acquisition cost to net salvage value. Acquisition costs by the public sector in advance of an abandonment process are not regulated by the Act. Thus, a pro-active approach to acquire public ownership of rail corridors (Strategies (3) and (4)) would reduce flexibility for corridor use and increase acquisition costs. Public ownership of operating rail corridors would also have an associated liability which would need to be assumed, together with ongoing maintenance costs. .. .. .. .. Responsibility for Protection of Rail Corridors: .. For the purpose of our analysis, the rail corridors within Metro have been categorized into one of the following three types based on their current use (see Figure 2): (1) corridors with heavy volumes of freight; .. (2) corridors providing GO Transit service plus some freight; or .. (3) corridors without GO Transit service and little freight. The rail corridors with heavy volumes of freight [CP Galt, North Toronto and Belleville subdMsions (mid-town line) and CN York and Halton subdivisions (north of Steeles Avenue)] are the principal corridors carrying national and international rail traffic and are unlikely to be abandoned by the railway companies in the foreseeable future. Therefore, these corridors should not have to be protected by the GTSB or municipal governments. ... .. With the formation of the GTSB, responsibility for the operation of GO Transit services will fall to that Board. In these circumstances, it would be appropriate for the GTSB to ensure protection of rail corridors to accommodate existing and proposed future commuter rail service. This wm ensure that a consistent approach is used and will facilitate co-ordination among municipalities. GO Transit's contracts with CN and CP for use of their rights-of-way must be renegotiated next year. In preparation for those negotiations, the GTSB should evaluate, on a business case basis, the cost of continuing to lease right-of-way access relative to purchase of the corridors. Map 3 of the Metropolitan Official Plan identifies the corridors within Metro for future commuter rail service. .. .. .. The remaining rail corridors within Metro, which generally carry low volumes of freight traffic and are not profX)Sed for future commuter ran services, should be protected by Metro and the New City of Toronto for other potential municipal Infrastructure uses (e.g., bicycle/pedestrian trails, green space III .. ... - ... 7 - - connections, other forms of transit and utilities transmission) as well as freight rail service to local industries. If any of these lines are proposed to be abandoned, the New City of Toronto should consider acquisition through the abandonment process for the reasons stated in this report. - As referenced in our report of July 28, 1997, entitled "GO Transit The Next 30 Years - Transition Challenges" (Clause No. 9 of Report No. 17 of The Planning and Transportation Committee), the commuter rail network in the GT A is the transit equivalent of the 400 series highway network. Maintaining and enhancing GO Transit service offsets the need for Provincial highway expenditures. Therefore. the Province should contribute to funding for the protection of rail corridors. - - The recent changes to the Canada Transportation Act, which made it easier and significantly reduced the time frame for railway companies to abandon lines, will help railway companies to be more competitive. The changes were also an important factor in establishing the value of CN Rail prior to its public offering. However, the potential abandonment of rail corridors in the GT A, and elsewhere in Canada. may impose additional costs on municipal governments to ensure continued passenger and freight rail services. Since the legislative changes were initiated by the Federal Government partially to its benefit, it would be appropriate that it also contribute to the cost of protecting the rail corridors. Protecting existing rail corridors for improved public transit and freight rail operations will also help to reduce the growth in the number of cars and trucks on the roads and, thereby, contribute to achieving the Federal Government's commitment to a 20 per cent reduction in carbon dioxide emissions by the year 2005. As recently stated by the Prime Minister, the Federal Government has made very little progress in this regard to date. The transportation sector accounts for almost one-third of all carbon dioxide emissions in Canada and automobiles account for about 81 per cent. of that amount. - - - - An extended or new Federal/Provincial/Municipal infrastructure program would be an excellent vehicle through which a tripartite cost-sharing arrangement could be worked out for the protection of rail corridors since continued rail operations are of benefit to all three levels of government in achieving their goals and objectives. - CN Newmarket Subdivision South of Barrie: - Subsequent to the announcement of the three-year plan by CN which identified the Newmarket subdivision for discontinuance, the Provincial Ministry of Transportation (MTO) formed a committee with representatives from GO Transit, Metro Planning, the Region of York, Simcoe County and the City of Barrie to determine the need to protect the corridor and examine ways to preserve commuter service to Bradford. In the earlier work of the committee GO Transit staff indicated that preservation of the corridoc. from Toronto to Bradford, is essential to provide the most cost-effective service to the Region of York. In addition, all municipal representatives on the committee have indicated support for protecting the rail corridor from Toronto to Barrie. The committee then explored corridor protection options ranging from ensuring that CN continues maintaining ownership of the corridor to public ownership involving purchase by either the Province, GO Transit, municipalities and/or the Greater Toronto Services Board. Under the auspices of the committee, MTO retained a consultant to assess the net salvage value of the corridor lands and the rail infrastructure from Toronto to Bradford. Estimates for the net salvage value are now available, but must remain confidential. - - ... - The section of the Newmarket subdivision from Bradford north to Barrie was formally advertised for abandonment by CN on March 12, 1997. The 6O-day period for expressions of interest for continued rail operntions ended May 12, 1997. The Cities of Barrie and Collingwood have filed expressions of interest with CN and are currently negotiating to acquire ownership. It should be noted that CN has a contractual agreement with GO Transit to ensure service until November 30, 1997. The agreement, which covers all CN-operated corridors, has been mutually extended on a short-term (theee months) - - .... " lillII .. 8 .. basis due to the transition period involving transfer of the responsibilities for funding GO Transit to the GT A municipalities. CN and GO Transit both agree that a longer term agreement would be appropriate when the transfer of responsibilities is completed. .. Ministry of Transportation staff have indicated that the Province is not contemplating acquisition of the Newmarket corridor from Toronto to Barrie and will not provide any subsidy for its acquisition by municipalities. Upon formation of the GTSB, the MTO report should be forwarded to the Board for immediate formulation of a detailed plan to ensure continued rail operations. .. CP Don Branch, Cherry Street to Millwood Road: .. The CP Don Branch is included in CP's three-year plan for discontinuance but has not yet been formally advertised for abandonment. This line is identified in Map 3 of the Metropolitan Official Plan as a future commuter rail line to accommodate a significantly improved Richmond Hill GO service. The re-routing of the Richmond Hill line out of the valley onto the CP Don Branch through the Leaside area was also recommended in the .Commuter Rail Station Location Study" (March, 1991) which was approved by Council. Such a re-routing provides the potential for new stations at Eglinton Avenue and Thorncliffe Park which would facilitate intensification in these areas. The existing route through the valley offers very limited opportunities to serve development. .. .. - Since the GTSB is not yet operational, Metro together with GO Transit should develop a plan as soon as possible to protect the Don Branch. An assessment of the value of the corridor (both infrastructure and property) will be essential, similar to the work undertaken for the Newmarket line. Opportunities to conduct such an assessment without budgetary implications were explored and, as a result, Metro Real Estate staff have agreed to assess the land value of the corridor while GO Transit staff have agreed to assess the value of the rail plant and equipment. This work should be completed before the end of the year and will then be available to the GTSB. .. .. Conclusions: It is desirable to maintain all rail corridors in the GTA for either rail operations or future urban infrastructure needs. Rail corridors which at present carry heavy volumes of freight (e.g., CP Galt/North Toronto/Bellevjlleand CN HaltonfYork subdivisions) will likely not be abandoned in the foreseeable future by the railway companies. Protection of rail corridors for existing and Mure GO Transit services should be co-ordinated through the GTSB which will likely be responsible for GO Transit's operations effective January 1, 1998. Corridors for future commuter rail service within Metro are identified on Map 3 of the Metro Official Plan and staff of the New City of Toronto should assist the GTSB in ensuring their protection. Metro and, subsequently, the New City of Toronto should ensure that those rail corridors not required for existing and future commuter rail service are protected for other municipal infrastructure needs. ... ... ... ... Public acquisition of rail corridors through pro-active strategies (Le., in advance of the abandonment process) reduces flexibility for future uses and does not appear to be a cost-effective strategy for Metro or the New City of Toronto. However, where corridors are intended to be used for continued rail operations (e.g., GO Transit service) acquisition in advance of abandonment should be considered based on a business case evaluation. The GTSB should evaluate the financial implications of continued leasing of rail corridors relative to acquisition costs prior to negotiating any long-term lease arrangements with the railways. ... .. .. .. ... .. - 9 - ... Province-wide property tax relief as a financial Incentive to pre-empt the abandonment process or as a mode of payment towards ultimate public ownership of rail corridors, would not be advantageous to Metro or the New City of Toronto. While Province-wide tax relief may pre-empt abandonment of certain rail corridors or could be used by municipalities to acquire (or bank) the corridors, it would likely result in Metro tax revenues subsidizing other areas of the Province. However, once the property tax structure for rail rights-of-way is finalized by the Province, the merits of providing tax relief can be reassessed. Deeding rail corridors to the municipalities in exchange for a $1.00 lease-back to the railway companies would not exempt the railway companies from paying property taxes and is, therefore, not an effective approach. - - - Since the CP Don Branch is identified in CP's three-year plan for abandonment, Metro and GO Transit should immediately formulate a plan to protect this corridor. Metro, with the assistance of GO Transit, will undertake a detailed assessment of the Don Branch to estimate the value of the land and rail infrastructure so that, should It be formally advertised for discontinuance in the near future, the necessary information to consider acquisition would be readily available. Metro Real Estate and GO Transit staff have agreed to assist in assessing the value of land and rail infrastructure, respectively, by the end of the year. - .. The report prepared by MTO on the Newmarket subdivision should be forwarded to the GTSB for preparation of a co-ordinated plan to ensure continued rail operations. In the event that the section south of Bradford is advertised for sale prior to the formation of the GTSB, Metro Toronto, York Region, Simcoe County, the City of Barrie and the Province should jointly formulate a detailed plan to protect the corridor. .. - Notwithstanding the Provincial staff position not to financially contribute towards acquisition of the Newmarket subdivision, the Province (as well as the Federal Government) should be urged to provide funding for the acquisition of rail corridors for the reasons stated in this report. An extended or new Federal/Provincial/Municipal infrastructure program would be an excellent vehicle for a tripartite cost-sharing arrangement for the acquisition of rail corridors., - - This report has been prepared in consultation with staff from GO Transit, Metro Finance, Legal, Corporate Services-and Chief Administrative Officer's departments. Summary Chart: .. This report conforms with the following: ... Corporate Personnel and Council Approved Three-year Plan (n/a) Administrative Policies (n/a) Approved Capital Budget (n/a) Approved Current Budget (n/a) Standing Committee Approved Program Priority (n/a) Metro Official Plan (x) .. ... Contad Name and T eleohone Number: Mr. A. R Gordon, Director of Development Services, 392-8785. .. - " " . ., .. .. 10 Appendix A List of Committee Requests (1) Clause No. 1 of Report No. 8 of The Planning and Transportation Committee, headed "Abandonment of Rail Corridors", adopted, as amended, by Metropolitan Council on June 19, 1996, includes the following resolutions: .. .. "NOW THEREFORE BE IT RESOLVED THAT Metropolitan Council request the Provincial Government to take all steps necessary to ensure the continued operation of commuter rail service in Metropolitan Toronto and the Greater Toronto Area and protect for future improvements; AND IT BE FURTHER RESOLVED THAT, upon completion of the GTA Transportation Plan, appropriate Provincial, Metropolitan and Regional officials meet with representatives of the railway companies (CN, CP and TTR) to jointly develop an implementation plan for the divestiture/acquisition of existing rail rights-of-way to ensure that immediate and long-term requirements for commuter rail service within the GTA can be accommodated;". Council also requested the Deputy Commissioner of Planning, the Commissioner of Finance and Treasurer and the Metropolitan Solicitor to review the suggestions made by Mr. Ross Snetsinger in his submission (May 10, 1996), entitled "Route Banking: Using the Wealth of the Past to Create Wealth for the Future", .. .. .. .. .. (2) Clause No. 5 of Report No. 13 of The Planning and Transportation Committee, headed "Canada Transportation Act Provisions for Railway Corridor Abandonment - Request from The Regional Municipality of Halton to the Ontario Minister of Transportation to Protect Commuter Rail Service in the GTA" , adopted by Metropolitan Council on September 25 and 26, 1996, included a recommendation that: "The Metropolitan Chairman be requested to initiate a process which would establish lines of communication between all affected Regions with respect to the abandonment of railway corridors.. .. .. .. (3) The Planning and Transportation Committee at its meeting on October 30, 1996, in considering a communication regarding the potential abandonment of the CN Newmarket subdivision and other rail lines in the GT A, requested the Deputy Commissioner of Planning to "report to the Planning and Transportation Committee on the concept of deeding railway properties to municipalities in exchange for a $1.00 per year lease-back." .. .. Appendix C (Communication dated December 13, 1996, addressed to The Honourable AI Leach, Minister of Municipal Affairs and Housing, from the Metropolitan Chairman, the Regional Chairman of Halton, the Regional Chair of Peel, the Regional Chair of York, the Regional Chair of Durham, and the Regional Chair of Hamilton-Wentworth.) Metropolitan Council and other Regional Councils in the GT A, as well as several constituent local municipal councils, have adopted recommendations expressing strong support for commuter rail service in the Greater Toronto Area and requesting Provincial assistance to ensure long-term protection of existing rail corridors. Subsequently, Metropolitan and Regional staff have met with officials of .. .. .. .. " .. - - 11 - - CN Rail, CP Rail, St. Lawrence and Hudson Rail, GO Transit, and Transport 2000 as well as Ministry of Transportation staff to identify viable options for the protection of rail corridors in the GTA. In our discussions, the taxation of railway properties has emerged as an important financial issue for railway companies and municipal governments. One option under consideration for dealing with this issue Is tax relief in exchange for transfer of ownership of rail corridors over a period of time. This option could provide immediate benefits to railway companies and the return of rail rights-of-way to the public realm in the longer term. As the owner of the rail corridor, municipalities could then lease the rights-of-way to a railway company or use the corridor for other purposes. There are a number of different ways this option could be implemented, but the ability to grant municipal property tax relief is the common critical element. - - - We support in principle the recommendations of the Who Does What Sub-Panel on Assessment and Property Tax Reform to change the existing method of assessing railway rights-of-way and to provide flexibility for granting tax relief. However, we caution against granting tax relief to the railway companies without a quid pro quo agreement that will ensure the long-term protection of the rail corridors. In the absence of such an agreement, railway companies could still abandon rights-of-way in the Mure. Municipalities may then have to purchase these corridors from the railway company at a cost above and beyond any foregone tax revenue. Since the proposed tax relief would exclusively affect municipal revenues, would you please confirm that such relief would be granted only with the support of the relevant municipal councils. Appendix D - - - - Property Taxes on Railway Rights-of-Way 1996 Property Taxes Proportion of Estimated Taxes [$ 1000's] Taxes Paid by Under MVA Subdivision GO Transit [$ 1000's] Metro Rest of Metro Rest of Toronto GTA Toronto GTA (1) CN Kingston (Lakeshore East GO line) 989 229 63 per cent. 3.947 686 (2) CN Uxbridge (Stouffville GO line) 155 27 82 per cent. 780 34 (3) CN Bala (Richmond Hill GO line) 389 136 59 per cent. 1,841 504 (4) I CN Newmarket (Bradford GO line) 506 50 23 per cent. 1,666 336 (5) CN Weston (Georgetown GO line) 1,000 70 55 per cent. 2,685 506 (6) CP Galt (Milton GO line) 824 275 44 per cent. 2,696 551 (7) CN Oakville (Lakeshore West GO line) 1,462 1,056 56 per cent. 5,702 1,309 I Sub-total (for GO service corridors) 5,325 1,843 54 per cent. 19,317 3,926 (8) ! CN York 9 145 25 670 (9) CN Halton 10 999 249 1,791 (10) CN TTR 1,332 . 29 per cent. 8.279 . (11) CP Owen Sound - 108 . 176 (12) CP North Toronto 786 . 3,126 - (13) CP Belleville 706 145 4,792 460 (14) I CP Havelock 27 12 385 53 (15) CP Mactier 448 3S 1,514 104 I Grand Total 8,643 3,287 37.687 7,180 - - - - - - - - ... , ~ i .. ,01 .. 12 ... Notes: .. The property taxes are for the rail rights-of-way only and do not include other properties, for example, yards. The 1996 property tax information and the estimated taxes under the MVA system were provided by the railway companies. The proportion of taxes paid by GO Transit is an estimation. GO Transit's share varies along the rail corridor since it is largely based on the proportion of train-miles travelled by GO trains in relation to the freight trains. The above proportions are based on 1995 train-miles travelled and could be different every year depending on changes in freight and GO service frequency. The proportion of property taxes paid by GO Transit may significantly increase in the coming years with continued decreases in freight traffic. ... .. ... The Planning and Transportation Committee reports, for the information of Council, also having had before it a communication (September 2,1997) from Mr. Jack Becker, Co-Chair (Public), Metropolitan Cycling and Pedestrian Committee, and Chair, Network Planning Sub-Committee, Metropolitan Cycling and Pedestrian Committee, stating that, as the Metropolitan Cycling and Pedestrian Committee (MCPC) will not be meeting before the September 3, 1997, meeting of the Planning and Transportation Committe&, he would like to pass on comments on behalf of the MCPC; expressing support for the Acting Commissioner of Planning's recommendations on the protection of rail corridors in the GTA; suggesting that the scope of the recommendation should be expanded to not only include protecting all corridors within Metro which are part of existing and future commuter rail networks, but also all operational corridors where track is being removed and rail spur lines are being abandoned; that the abandoned rail beds can be used as part of the cycling infrastructure in Metro; that, unless Metro acts quickty, the land will be lost for future infrastructure use. such as bicycle trails; advising. with respect to Recommendation No. (3)(c) , embodied in the report dated August 15, 1997, from the Acting Commissioner of Planning, that the MCPC and the Toronto Cycling Committee are undertaking a joint feasibility study, to be completed by mid-December, 1997, to inventory all operational and abandoned railway and hydro corridors within Metro; and that the aforementioned study should add information to the proposed study on the use of the corridors for future municipal infrastructure needs from a cycling perspective. .. ... .. ... .. ... The Acting Commissioner of Planning gave an overhead presentation to the Planning and Transportation Committee in connection with the foregoing matter. .. The following persons appeared before the Planning and Transportation Committee in connection with the foregoing matter: Mr. Ross Snetsinger, Chair, Railways to the Future Committee, and also filed a written submission and various documents respecting rail transportation in Ontario; and ... Mr. David L Gunn, Chief General Manager, Toronto Transit Commission. ... (A copy of Figures 1 and 2 and Appendix 8, referred to in the foregoing report dated August 15,1997, from the Acting Commissioner of Planning, has been forwarded to all Members of Council with the agenda of the September 3, 1997, meeting of the Planning and Transportation Committee, and a copy thereof is also on file in the office of the Metropolitan Clerk.) .. .. .. "\ .. M..AH - News Releases / Communique hUp ://nrserv .mmah.gov .on.ca/intlmews/releases/971 006e.htm - @ Ontario COUNCil INFORMATION News Release Communique 1-20 Release: October 6, 1997 A tntN'rt~res municipales el du logement Ministry of Municipal Aflairs and Housing - ... Municipalities get more detail on local WDW numbers - Municipal Affairs and Housing Minister Al Leach today released further financial information to municipalities in a working document that will help them plan their budgets for next year. - - The proposed Who Does What legislation would realign provincial and local responsibilities to bring education costs under control, provide better seIVices for taxpayers and ease the pressure on residential property taxes. Leach said the information represents the next level of detail on numbers released August 6. He said once municipalities have received the new information, provincial officials will meet with every county, region and district, including upper and lower tier governments and separated municipalities, to discuss the infonnation. All the meetings will be held before the municipal elections on November 10. ... - - "I promised at the annual conference of the Association of Municipalities of Ontario in August that we would talk to each municipality about the numbers we released August 6," Leach said. "We're delivering on that promise. We're now ready to take those numbers to the next level of detail. We'll clarify the numbers, we'll talk about the assumptions we used when we calculated them, and we'll help individual municipalities determine what this means for them. - - - "The August 6 numbers were at the upper tier level. This package sho.ws how they could be broken out among the municipalities that make up the upper tiers. Some choices on how they will do that rest with them." - By taking responsibility for $2.5 billion in education costs off the property tax. the province is giving municipalities more than $2.5 billion in tax room. Municipalities will be informed shortly what their individual share of tax room will be. - In addition, the province is making three funds available to municipalities. The Community Reinvestment Fund of $500 million and the Additional Transition Assistance Fund of $70 million are permanent There will also be a !\'tunicipal Capital and Operating Restructuring Fund of $800 million plus over tour years. The province has been discussing the allocation of these funds \\ilh the municipal sector, and a decision will be made shortly. - ... - Leach said the meetings will be part of an ongoing dialogue \vith municipalities that will continue over the coming months as further detail is kno\\l1 and more decisions are made. The meetings will be followed by general WOW education and training sessions beginning ill November that. will help provincial and municipal staff prepare for their new. . - MMAH - News Releases I Communique hUp:llnrserv .nunah.gov .on.ca/inthnews/releases/971 O~6e.htm J responsibilities. Separate training sessions on the new assessment system and municipal tax policy will also take place. For more information call: Myra Wiener- Municipal Finance Branch Ministry of Municipal Affairs and Housing (416) 585-7200 Attention EditorslNews Directors: Numbers will be available to media, after they have been received by the municipalities, through local Regional Operations Branch offices. SOUTHWESTERN (519) 673-1611, Toll Free #: 1-800-265-4736 Brant, Bruce, Elgin, Essex, Grey, Haldimand-Norfolk, Huron, Kent, Lambton, Middlesex, Oxford, Perth, Waterloo, Wellington CENTRAL (416) 327-0017, Toll Free # 1-800-668-0230 Dufferin, Durham, Halton, Hamilton-Wentworth, Metro Toronto, Muskoka, Niagara, Peel, Simcoe, York EASTERN (613) 548-4304, Toll Free #: 1-800-267-9438 Frontenac, Haliburton, Hastings, LanarIc, Leeds & Grenville, Lennox & Addington, Northumberland, Ottawa-Carleton, Peterborough, Prescott-Russell, Prince Edward, Renfrew, Stormont, Dundas and Glengarry, Victoria NORTHEASTERN (705) 564-0120, Toll Free #: 1-800-461-1193 Algoma, Cochrane, Manitoulin, Nipissing, Parry Sound, Region of Sudbury, Sudbury. Timiskaming NORTHWESTERN (807) 475-1651, Toll Free #: 1-800-465-5027 Kenora, Rainy River, Thunder Bay ... .. .. .. .. ... .. .. .. ... .. lil)~ll( II Abolll The- \linis{ry II Core Business II In The News II - II Francais .. 2of2 I ~~~r:.a.UT'O~l- I .-~'~'1~"' T~-n-:-t<0z1;.. '11 ~:~':~-i~--~r,r~~-~- ~ L,;. ,[, .,~. I -----'---1 ) i.. I --------1- I I i----------;- -..\ i -----.: .. I I .-- ---I r=:-~ - ...j · I . ':'1 f !2ig~.---CE..~:t'.:...! .. - - OCT B - October 8, 1997 - - The Mayor and Members of Council, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario - - , / COUNCIL INFORMATION .:...:.. Clarin~ton Pu~lic li~rary I 00 PH '911 - Your Worship, Mayor Hamre and Members of Council: 1-21 Telephone: (905) 623.7322 Administration: (905) 623.9742 Pax: (905) 623-9905 62 Temperance Street, Bowmanville Ontario, Canada LIe 3AB - At its September 17 meeting the Library Board passed a motion to have the attached correspondence copied to Council for your information. Thank you. - - - - - - - ... - - Yours sincerely, {#u~-. Cynthia Mearns, Library Director r'OlST~T10N' I ClERI\ / 1,~t ... I ACK. BY i ORIG;N;~L -------'- COPI:} ,;~' I 1 ------; I ~ i j---'---'-;-' j 1-----..- ------:-----1 ~--_._--_. ._-'--+----, \ --....--. .......-, " --'j i ,.'-'----'---'---1 1 :--,..---,,------1 . " I . --':,-: :~-71A- Lt. (] t;;' . I... /-/0 _ . - ......---;--- -- , September 18, 1997 , I' ~.~ ~ ~ I .. Clarin~ton Pu~lic li~rary Telephone: (905) 623,7322 Administration: (905) 623-9742 Fax: (905) 623-9905 62 Temperance Street, Bowmanville Ontario, Canada L1C 3AB .... .. .... To All Staff of the Clarington Public Library: .. The Library Board extends their thanks and appreciation to all staff for your remarkable achievement in getting the new Courtice Branch open and operational for last Saturday, September 13, 1997. ... It has taken the efforts of all staff to handle the myriad of tasks involved, from preparing the new collection; planning the space; cajoling the builders and suppliers to complete the construction and installations; and then to fully stock the shelves and make the library branch fully operational. All of this was accomplished in a very short time, especially the shelving of all the library materials. .. .. The Board is well aware that all staff pitched in and many worked long hours, day after day, to meet the deadline. Your commitment and dedication is recognized and appreciated. You have truly accomplished what seemed like the impossible. .. The success of the Courtice Branch was quite evident on September 13 with the incredible turnout of residents. We understand that this interest and enthusiasm has not dissipated and the branch is a true success, something you should all be proud of - without you it wouldn't have happened. .. .. The Board, at its meeting of Sept 17, 1997 passed a motion, unanimously expressing our gratitude and thanks to all staff for a job well done! .. Thank you .. .. Yours sincerely, .. Stephanie Creighton, Chair, Clarington Public Library Board, .. cc Ma~"{)r and Councillors, Municipality of Clarington .... .. .. ,. - 1-22 COUNCIL INFORMATION AGENDA EXECUTIVE COMMITfEE MEETING Tuesdav. October 7. 1997 - 5:00 P.M. CIRCULA TION LIST OCT B \ 00 PM '91 - Authority Members: - .. .. - Municipalities: ... .. - Region: - .. AGENDA ITEM: R. Anderson, Chairman R. Johnson, Vice Chairman R. Boychyn M. Brunelle J. Drumm C. Elliott G. Enun J. Gray H. Hall L. Hannah I. Harrell R. Lutczyk B. Nicholson Authority Staff: J. R. Powell Chief Administrative Officer S. L. Hanson, Director of Corporate Services D. Wright, Director Environmental Approvals & Planning P. Sisson, Director Environmental Engineering Services M. Hrynyk, Superintendent K. Tate, Administrative Assistant/Recording Secretary Ajax Pickering News Advertiser Canadian Statesman CHEX TV Compton Cable TV KX-96 Radio Magic 94.9 Radio : Acr.. 8'( Orono Times J !) n lI" '\! I\L ... . I L.nr\.lllHI.. ........- . Oshawa Central ----...-- --~_.-' Oshawa Courtice News _~~Pl~~_ TQ: -:.... ~._.__~ Oshawa/Whitby This W ,!c_____..... "--l--'--~ Port Perry Star I ! Rogers Cable TV 1---' .~-_. ----,\---m.-1 Toronto Sun 1-....... .. ...~._--\'_..----'1 Uxbridge Tribune L__.,. . _.._--~_.- . ..,-----: I :. {,-..- _....,...._.~--,---~ I . I , I; roO _. ........=~=~ ~ ! . .1fQ..'.. ___.EL --L--.'-'-. ,---.-"-- . - , ~ i! t ,,' ./'. ~,,_,'_'_'_'" ;-_. -" .:..---.:--------.--. ...... SUPPORTING DOCUMENTS DECLARA nONS of interest by members on any matters herein contained 1. - 2. - 3. - Media: Town of Ajax, Clerk Municipality of Clarington, Clerk. City of Oshawa, Clerk City of Oshawa, Planning Director Town of Pickering, Clerk Town of Whitby, Clerk Town of Whitby, Planning Director Township of Uxbridge, Clerk Region of Durham, Clerk Region of Durham, Planning Commissioner ADOPTIO~ OF MINUTES of meeting of Wednesday, September 3, 1997 DIRECTOR ENVIRONMENTAL APPROVALS & PLANNING REPORTS - .. ... - 3-1 to 3-4 (I) Staff Report #4189-97 Proposed Leon's Warehouse, Application to Place Fill Beyond Special Policy Limits (2) Staff Report 114188-97 :\'pplication to Place Fill, Solina Road - Lombardo Property ~lOEE Testing Results Regarding Lead 3-5 to 3-15 (3) Staff Report #4190-97 CONFIDENTIAL - MEMBER AND STAFF DISTRIBUTION ONLY 3-16 to 3-17 .. EXECUTIVE COMMITTEE MEETING - October 7,1997 - PAGE 2 AGENDA ITEM: SUPPORTING DOCUMENTS ... ... 4. DIRECTOR OF CORPORATE SERVICES REPORTS (1) Staff Report #4191-97 Administrative Office - Proposed Upgrades 4-1 to 4-3 ... (2) Verbal Report Status Report on Lynde Shores Management Plan Launch/Open House N/A ... 5. MUNICIPAL AND OTHER BUSINESS ... 6. ADJOURNMENT ... NOtE: Supporting Documents available in the Clerk's Department. .. ... ... .. ... .. ... ... ... III ,., .. ... .. - Council Number .. Communications 'for Direction October 14, 1997 Suggested Disposition D - 1 - .. - THAT the correspondence dated September 29, 1997, from Nancy K., Healer, regarding the Rezoning Application for Clarington Recycling and Waste Transfer Station, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Nancy Healer be advised of Council's decision. - D - 2 For the direction of Council. D - 3 .. - .. THAT the correspondence dated October 2, 1997, from Richard D. Christy, Mayor, City of Kitchener, regarding Charitable Gaming Clubs in Ontario, be received; THAT the correspondence be referred to the Clerk to be considered in conjunction with the report being prepared on the subject matter; and - D - 4 THAT Mayor Christy be advised of Council's decision. ... THAT the correspondence received from Naomi Alboim, Secretary General to the Order of Canada and Deputy Minister, Ministry of Citizenship, Culture and Recreation, requesting nominations for membership in the Order of Ontario, be received for information. - D - 5 - - THAT the correspondence dated September 24, 1997, from P.M. Madill, Regional Clerk, Regional Municipality of Durham, regarding the first meeting of the Council of the Regional Municipality of Durham after Municipal Elections, be received; and THAT P.M. Madill be advised that the Inaugural Meeting of the Council of the Municipality of Clarington be held on Monday, December 1, '1997. - ... - ... .. Council Direction - 2 - ... October 14, 1997 D - 6 .. THAT the correspondence dated September 17, 1997, from Joe-Anne Boyle, WRAP Co-Ordinator, requesting proclamation of the 9th White Ribbon Against Pornography (WRAP) Week, be received; THAT the week of October 19 - 26, 1997, be proclaimed IIWRAplI Week in the Municipality of Clarington and advertised in accordance with municipal policy; and IlIIII .. THAT Joe-Anne Boyle be advised of Council's decision. D - 7 .. THAT the correspondence dated September 22, 1997, from Doug and Renita Vanderkooi, regarding the Rezoning Application submitted by Clarington Recycling and Transfer Station Inc., be received; IlIIII THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and IlIIII THAT Doug and Renita Vanderkooi be advised of Council's decision. IlIIII D - 8 .. THAT the correspondence dated September 30, 1997, from Anita Witty, Chair, 1997 Christmas Seals Campaign, The Lung Association, requesting proclamation of Lung Awareness Month, be received; IlIIII THAT the month of November 1997 be proclaimed IILung Awarenessll month in the Municipality of Clarington and advertised in accordance with municipal policy; and .. THAT Anita Witty be advised of Council's decision. D - 9 .. THAT the correspondence dated September 25, 1997, from David H. Tsubouchi, Minister of Consumer and Commercial Relations and Marilyn Mushinski, Minister of Citizenship, Culture and Recreation, regarding the government's program on Charitable Gaming, be received; IlIIII .. THAT the correspondence be referred to the Clerk to be considered in conjunction with the report which is being prepared on the subject matter; and THAT David Tsubouchi and Marilyn Mushinski be advised of Council's decision. .. .. .. .. - - Council Direction - 3 - October 14, 1997 - D - 10 - - - THAT the correspondence dated September 24, 1997, from Jack Layton, Co-Chair, The White Ribbon Campaign: Men Working to End Violence Against Women, requesting proclamation of White Ribbon Week, be received; THAT the week of November 28 - December 6, 1997, be proclaimed "White Ribbon Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and ... D - 11 THAT Jack Layton be advised of Council's decision. - - THAT the petition submitted by Bernice Petryshyn advising of local residents who are in opposition to the rezoning application submitted by Joe Domitrovic, be received; THAT the petition be referred to the Director of Planning and Development for appropriate action; and THAT Bernice Petryshyn be advised of Council's decision. D - 12 - - - - THAT the correspondence dated October 1, 1997, from Danny Hooper, expressing opposition to 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 appropriate action; and D - 13 THAT Danny Hooper be advised of Council's decision. - III - THAT the correspondence dated October 1, 1997, from Gregory R. Johnson, expressing opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Leishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Gregory R. Johnson be advised of Council's decision. D - 14 For the direction of Council. ... ... III ... Council Direction - 4 - ... October 14, 1997 D - 15 ... THAT the correspondence dated September 19, 1997, from Linda Gasser, regarding 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 appropriate action; and ... THAT Linda Gasser be advised of Council's decision. D - 16 ... THAT the correspondence dated September 19, 1997, from. Connie Nelson, President, and Denise Marek, Secretary, Bowmanville Toastmasters Club, requesting proclamation of Bowmanville Toastmasters Week, be received; ... THAT the week of November 2 - 8, 1997, be proclaimed IIBowmanville Toastmasters Weekll in the Municipality of Clarington and advertised in accordance with municipal policy; and .. THAT Connie Nelson and Denise Marek be advised of Council's decision. .. D - 17 .. THAT the correspondence dated October I, 1997, from Rhonda Hooper, expressing opposition to 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 appropriate action; and .. THAT Rhonda Hooper be advised of Council's decision. D - 18 ... THAT the correspondence dated October 8, 1997, from Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting that $2,500. be paid from the funds provided for market studies by the West-End Developers, be received; ... ... THAT an advance in the amount of $2,500. be approved in order to complete a market study, be approved from the monies on hand, which will be repaid from the Markborough monies; and ., THAT Garth Gilpin be advised of Council's decision. ... liliiii rill - - Council Direction - 5 - October 14, 1997 .. D - 19 - - - THAT the correspondence received from Shirley A. Johnson, expressing opposition to 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 appropriate action; and THAT Shirley A. Johnson be advised of Council's decision. D - 20 - - - THAT the correspondence dated October 8, 1997, from William & Evelyn Reid, regarding the Rezoning and Site Plan Applications on behalf of W.E. Roth Construction, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Willlam & Evelyn Reid be advised of Council's decision. - D - 21 - .. THAT the correspondence dated October 7, 1997, from Linda Gasser, regarding the Lishman application for an Official Plan Amendment, be received; THAT the correspondence be referred to the Director of Planning & Development for appropriate action; and - D - 22 THAT Linda Gasser be advised of Council's decision. - THAT the correspondence dated October 6, 1997, from Linda Gasser, regarding communicating with the municipality, be received; and THAT the correspondence be referred to the Clerk for response. D - 23 - - ... ... ... THAT the correspondence dated October 8, 1997, from Raymond Osborne, regarding the Rezoning and Site plan Application submitted on behalf of W.E. Roth Construction Ltd., be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Raymond Osborne be advised of Council's decision. .. Council Direction - 6 - October 14, 1997 ... D - 24 THAT the correspondence dated September 26, 1997, from Doug and Renita Vanderkooi, regarding the Waverley Road Closing, be received; .. THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and ... THAT Doug and Renita Vanderkooi be advised of Council's decision. - ... .. .. ... .. - .. .. .. .... III ... lIIIIiII ... ... COUNCIL DIRECTION 0-1 September 29, 1997 OCT 3 2 07 PH '97 AGENDA 1]. /,(....'i(' .T~.r\~.\ i\ ~ ' 'j\:l .,';,' \~. , ~ . ,'IIi ... _'~'-"\. ....; .... 13. \..~ - '~"--. .~,~ SEP 3 0 ,g97 ... - .. MAYOR DIANE HAMRE, CLARINGTON TOWN HALL, TEMPERANCE STREET, BOWMANVILLE, ONTARIO - If\H\NG10~1 :-.\\.lWICIPP.Ll1'i ?i'OCfFla . MAyeR S . Dear MAYOR HAMRE, RE: CLARINGTON RECYCLING AND WASTE TRANSFER STATION. - - I would like to draw your attention to the list of 141 signatures collected before the September 22nd, 1997meeting of Town Council regarding the Clarington Recycling and Waste Transfer Station proposed at Lake Road and Port Darlington Road. Unanimously, the 141 people were against any waste transfer station in our neighbourhood of Lake Road, Port Darlington Road, East Beach, West Beach, Cove Road andCedar Beach. I feel the Mayor and all of Town Council would be very irresponsible if they voted yes to the rezoning of this particular parcel of land for the above purpose. Many questions were not asked regarding this site. Where would the materials (garbage) come from? Outside of Clarington? Do we need more garbage in our area? How would the roads handle this extra heavy truck traffic? How would the south side of the building be screened for the publis view? How would the Town compensate the taxpayers of the area for the lose of property value? Who would monitor the proper use of such a facility? I would appreciate an acknowledgement of this letter. , .. - ... - - Sincerely, . - Nancy K. Healer 120 Port Darlington Road, Bowmanville. Ontario Ll C 3 K3 .. .-"' ----...-......- ---.....-.. < '.';' m' ,:,;;-,~ !TION ! l.... ~. "-- t .~. 1 ., ..;... ~.- -~----! - - f ; -- - -- --- _....-: j ; .-.----'~--4 - .. ..\...----1 ... - ~ .. _. -.-." .' .--. . --:------; , : _. __~__..__..~_....__t ~_. _ . - !-r:t -\ , ..--'Eii~7~ZiL t i ......._ . ._, .__._._ _.---..-~_..__......#..--'-.... ... ... ... .. ~~ OF PiC ,0 f-~ *'t __ ~ fE :Lii: l5 ~ he corporation lIfiIf the Town of Pickering ..:ouncillor's office nickering Civic Complex me the Esplanade ...ickering, Ontario canada L 1V 6K7 >irect lIIII!.el. Fax (905) 420,460S (90S) 420,6064 lown reI. - Fax (90S) 420-2222 (905) 683-2760 (90S) 420,OSlS - - - .. - - .. - - ... - COUNCIL DIRECTION 0-2 SEP 29 1003 AM '97 September 22, 1997 Ms. P. Barrie, Clerk Municipality of Clarington, 40 Temperance St., Bowmanville, Ontario LIC 3A6 Please be advised that the Council of the Town of Pickering passed the following resolution at its meeting of September 15, 1997: THAT the Town of Pickering hereby expresses its opposition to the recent decision by the Ministry of Health to amalgamate the Durham Regional District Health Council with the Haliburton, Kawartha, Pine Ridges District Health Council; and FURTHER THAT the Town of Pickering hereby requests that the Minister of Health to reverse this decision pending; (1) The final conclusions ofthe Health Services Restructuring Committee; (2) The formation of the Greater Toronto Area Services Board January 1998 at which time this matter be considered as part of a Greater Toronto Area District Health Council; AND that a copy of this resolution be forwarded to the Regional Municipality of Durham, all of its area Councils, Dan McTeague, M.P. and Janet Ecker, M.P.P. for their endorsement. .----- ----.----,-.------, ; ;-', ::,~ -:'~;: i ~;;.; I . T\ C) ('-l, I If you have any questions with respect to this matter, please do not h~si;;te~~t~ m-------- 1 con~~he c,erk2r;mcnt at 420-461 L ... ~..,'_ I!.~~// ~- ;.. '. -.-'.' ; Bruce Taylor, AMCT, CMM Town Clerk -~-_.- --.-_._~ /dk -......-.] .-.+ p' . ......-.--......~ , \ , L-.--~.-1 .... __.._.;_-----'i. /,"-"--Jm-; G.ll2.:::. .::., -~.::,:.~';!'j:.-:' " - " .,HIS WORSHIP RICHARD D. CHRISTY MAYOR, CITY OF KITCHENER Kitchener City Hall P.O. Box 1118 200 King Street West OCT 3 Kitchener, Ontario Canada N2G 4G7 COUNCIL DIRECTION c9d j/, 0-3 9 ... 2 04 PH '91 City of Kitchener EX INDUSTRIA PROSPERITAS - - City Hall FAX Residence 519.741.2300 519.741.2800 519.743.1996 October 2, 1997 - SENT VIA FAX ... For Circulation to Ontario Municipalities Population of 50,000 and Over: Re: Charitable GaminE Clubs in Ontario ... 1 wish to inform .you that the following resolution was approved by Kitchener City CO\U1cit at its meeting held September 29, 1997: - - "That the Cmmcil of the Corporation of the City of Kitchener reaffirms its opposition to the creation of Charitable Gaming Clubs in Ontario, requests a review of the present Monte Carlo operations, indicates its disagreement with the Province offering financial incentives to municipalities in what appears to be an effort to quiet their opposition to the Gaming Clubs; and finally, urges the Province to place the issue of Charitable Gaming Clubs on a Province- wide, binding referendum in conj unction with the November 10, 1997 Municipal Election; and further, ... - That a copy of this motion be circulated to the Premier. local M.P.P'g and the Association of Municipalities of Ontario." .. This resolution has already been forwarded to Premier Harris and appropriate Provincial Ministers. - At this time, I would request your assistance with circulating same to the Members of your Council and local MPPs. .. Sincerely yours, ~. .... <2_ _ a.l Richard D. Chri . _0 ~, '._ . .... ... '_0" _' . ..~....", ."'.\ '. - r- . -,-v-- c: Members of Kitchener City Council - TRANSMISSION = TOTAL OF 3 PAGES - ... !-.~- .- - -- .-.' - .. ~..._~- .- "-.--. . _.' ..- -..-;. .~..._--~._-_.: .. : _._~.:-:~. Po7fi~'(ift:~~~:=-- ... Muni~ipalities of 50,000+ . Letter Sent Via FAX to all re: C of K Resolution, September 29, ~997 .. Rer C~~!Qn G~linq - Referendum NOVINA WONG, CLERK MUNICIPALITY OF METROPOLITAN TORONTO SS JOHN STREET, 7TH FLOOR STATION 1071 TORONTO ON M5V 3C6 FAX: (416) 392-2980 BRENDA GLOVER, CLERK-TREASURER CITY OF ETOBICOKE 399 THE WEST MALL ETOBICOKE ON M9C 2Y2 FAX: (4~G)394-8895 .. .. DENIS G. KELLY, CLERK CITY OF NORTH YORK 5100 YONGE STREET NORTH YORK ON M2N SV7 FAX: (4~6) 395-69:20 WM. DREW WESTWATER, CLERK CITY OF SCARBOROUGH 150 BOROUGH DRIVE SCARBOROUGH ON M1P 4N7 FAX: (416) 396-6920 .... BARBAP~ CAPLAN, CLERK CITY OF TORONTO 100 QUEEN STREET WEST, 23RD FLOOR TORONTO ON M5H 2N2 FAX: (416) 392-6990 RON MAURICE, CLERK CITY OF YORK 2700 EGLINTON AVENUE WEST TORONTO ON M6M lVl FAX: (416) 394-2681 1M ... ROBERT A. HENDERSON, CLERK CITY OF OSHAWA 50 CENTRE STREET SOUTH OSHAWA ON F 905)436~~ PATTI BARRIE, CLERK MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STRBET BOWMANVILLE ON LIC 3A6 FAX: (905)623-4169 JOSEPH TIE~AY, CLERK TOWN OF AJAX 6S ID\.RWOOD AVENUE SOUTH AJAX ON LlS 2H9 FAX: (905) 683 -1061 ... BRUCE J. TAYLOR, CLERK TOw.N OF PICKERING 1 THE ESPLANADE PICKERING ON LIV 6K7 FAX: (90S) 420-0515 ... DONALD G. MCKAY, CLE TOWN OF WHITS 5 ROAD EAST WHITBY ON LIN 2M8 FAX: (905)686-7005 HELEN MACP~, CLERK CITY OF BURLINGTON BOX 5013 426 BRANT STREET BURLINGTON ON L7R 3Z6 FAX: (905) 335-1881. .. ... JUDITH MUNCASTER, CLERK. TOWN OF OAKVILLE BOX 310 1225 TRAFALGAR ROAD OARVILLE ON L6J 5A6 (905)815-2025 JOSEPH BREZINA, CLERK CITY OF STONEY CREEK BOX 9940 777 HWY. 8 STONEY CREEK ON L8G 4N9 FAX: (905)643-6161 JOSEPH SCHATZ, CLERK CITY OF HAMILTON 71 !{AIN STREBT WEST HAMILTON ON LaN 3T4 FAX: (905) 546-2095 ... I11III ELWOOD WAGG, CLERK CITY OF NIAGARA FALLS BOX 1023 4310 QUEEN STREET NIAGAP~ FALLS ON L2E 6X5 FAX: (90S) 356-9083 ... THOMAS A.W. DERRECK CITY OF ST. CATHERINES BOX 3012 50 CHURCH STREET ST. CATHERlNES ON L2R 7C2 FAX: (905)6B2-3631 GEORGE N. VADEBONCOEUR CITY OF GLOUCESTER BOX 8333 1400 e~IR PLACE GLOUCESTER ON K1G 3VS FAX: (613) 748-0235 PIBRRE PAGE . CITY OF OTTAWA 111 SUSSEX DRIVE OTfAWA ON KIN SA1 :AX: (613)244-5417 .. ... JOHN C. LEMAISTRE, CLERK CITY OF NEPEAN NEPEAN CIVIC SQUARE 101 CENTREPOINTE DRIVE NEPEAN ON K2G SK7 FAX: (613)727-6613 ... ... .. IlIIIII :J.L ~- (4.L -c:t:SIQIQ l'IHYUI-</I..UUNl..l L I.. UI- K - LEONARD MIKULICH. CLERK . eI1'Y 'OF BRAMPTON 2 WELLINGTON STREET WEST BRAMPTON ON L6Y 4R2 FAX: (905) 874-2119 .. - ELLEN KERR, CLERK CITy OF SUDBURY BOX 5000 200 BRADY STREET SUDBURY ON P3A SP3 FAX: {70S)673-3096 LEW AYRES, CLERK CITY OF WATERLOO BOX 337 100 REGINA STREET SOUTH WATERLOO ON N2J 4AB FAX: (519)747-8760 - .. ... BOB PANIZZA, CLERK TOWN OF MARKHAM 101 TOlm CENTRE: BLVD. MARKHAM ON L3R 9W3 FAX: (905)479-7771 - - WILF A. COULSO~, CLERK CITY OF BRANT FORD 100 WELLINGTON SQUARE BRANT FORD ON ~3T 2M3 FAX: (519)759-7B40 - SHEILA BIRRELL, CLERK CITY OF KINGSTON 216 ONTARIO STREET KINGSTON ON N7L 2Z3 FAX: (613)546-5232 - - KENNETH W. SADLER, CLERK CITY OF LONDON BOX 5035 300 DUFFERIN AVENUE LONDON ON N6A 4L9 FAX: (519)661-4892 .. JOHN E. CRAIG, CLERK CITY OF BARRIE BOX 400 70 COLLIER STREET BARRIE ON L4M 4TS FAX: (70S) 739-4243 - .. WILLIAM G. LINDSAY, CLERK CITY OF SAULT STE. MAR~E BOX 580 99 FOSTER DRIVE SAULT STE. MARIE ON P6A SN1 FAX: (705)759-2310 .. - M. ELAINE BAHLIEDA, CLERK CITY OF THUNDER BAY 500 DONALD STREET EAST THUNDER BAY ON P7E 5V3 FAX: (807)623-5468 ... ... ... '(4l:l 1-'\1,) UI..I \1,) ":J ( 14: 1 IQ ARTHUR GRANNUM, DEPUTY CLERK CITY OF MlSSISSAUGA 300 CITY CENTRE DRIVE MISSISSAUGA ON LSE 3Cl FAX: (90S) 896-5220 JAMES ANDERSON, CLERK CITY OF CAMBRIDGE BOX 669 73 WATER STREET NORTH CAMBRIDGE ON N1R SW8 FAX; (519) 740-3011 JOHN LEACH, CLERK CITY OF VAUGHAN 2141 MAJOR MACKENZIE DRIVE VAUGHAN ON' L6A lT1 FAX: (905)832-8535 RoaSRT J. DOUGMS, CLERK TOWN OF RICHMOND HILL BOX 300 225 EAST BEAVER CREEK ROAD RICHMOND HILL ON L4C 4YS ::'AX: (905)77l-2502 THOMAS LYNn, CLERK CITY OF WINDSOR BOX 1607 350 CITY HALL SQUARE WINDSOR ON N9A 6S1 FAX: (Sl9) 255-6868 ANN TUPLIN, CLERK crTY OF SARNIA BOX 3018 255 NORTH CHRISTINA STREET SARNIA ON N7T 7N2 FAX: (519)332-3995 STEVEN BRICKELL, CLERK CITY OF PETERBOROUGH 500 GEORGE STREET NORTH PETERBOROUGH ON K9B 3R9 FAX: nOS) 743 -7825 LOIS A. GILES, CLEP~ CITY OF GUELPH 59 CARDEN STREET GUELPH ON N1H 3Al FAX: (519) 763-1269 BONNY HARRISON, CLERK C!TY OF NORTH BAY 200 MC!~{RE STREET EAST NORTH BAY ON P1B 8He ~AX.: (705) 495-4353 COUNCIL DIRECTION D-4 - - - THE ORDER OF ONTARIO L' 0 R 0 RED E L' 0 N TAR I 0 - ... September 1997 ml1lCCIlIIr~T ~"--~1) lPJJi .~-~ SEP' 2 4 ,r:g7 AGENDA - ~\1Y Of CLA.Ril~GTON MU Mf(d'S OFfIcE ... Dear Friends: - The Order of Ontario was established in 1986 as a means of honouring those men and women who have rendered service of the greatest distinction and of singular excellence in any field of endeavour benefiting society here and elsewhere. .. The award pays tribute to those exceptional people who exemplify the highest qualities of achievement and excellence in their chosen professions or in community service on an international, national or provincial level. Thus far, two hundred and t'Nenty-seven distinguished Ontarians have become members of The Order and we are now actively seeking nominations for 1998. ... ... I would like to take this opportunity to invite your organization to submit a nomination for membership in The Order of Ontario, our province's most prestigious honour. I have enclosed a brochure with further information and a nomination form to be returned by the closing date of Friday, October 31, 1997. ... - sid erely, I - /--) ~ {WWLC:c> Naomi Alboim Secretary General to the Order of Ontario and Deputy Minister Ministry of Citizenship, Culture and Recreation r"""/l1"":>" l"~-'ON' . ~....: ~:;:: ~ ,; / 4...; ~ ; I' ;~L;.:r;:, ___.~'.____..__~~ - - ~ i::; ; (' ~ ~. ~1 -'-'- ..' - ,'..-( .,. .,,'.~.U ".~.D . - ..--...-----.----.-. : " 'j: . ~ (, . - ... ... .' /Jtri/<.'.':c!l;f:; - - AD\1SORY Col.~ Hoooruy Claairmam Thc: Lieu<<""", Go.anor of Onurio OIainnan: The 0Iid' Jusri<< of Onuria Membcn: Thc: Speaka of rhe Lcg;slari.. Ass<mbly. The S<<r<~' oi ::ltr Cabin<< and Oak of ,he Exmui.. Council Sccrcta.y Gencnl; The Dcpury Minis..... Minisuy of Citizenship. Cuhu<< and Recreation u CoSSfll <Xl"."'lJlTAnF: U prc.idall boooraUe : u lieu<<"""'-gou.erneur de 1'0",,,;0 l< pre.icknl : Lc juge rn chef de I'Ontario La _bra: Lc pr6idrnr de I'Asscmbltt Iq:isbli'", L(" k"':rCfJire du C .:.nseil d(' mininrcs ct: ,.reffier du Conseil ex6:mif Lc sccckaire gmcral: Lc sous.minis{fc, miniuere doe-s Af\a:ir~ ci\'iques, de b Cuhurc ('( dn Loisirs - .,1,. ... The Order of Ontario ... The Order of Ontario recognizes people who have demonstrated excellence and achievement of the highest degree in any field of endeavour and whose contributions have enriched the lives of their fellow man and contributed to the betterment of their communities. Any person or organization may nominate a person who is a resident of the Province of Ontario for the award. No elected federal, provincial or municipal representative may be appointed to The Order of Ontario while such person remains in office. No person shall be appointed posthumously to The Order of Ontario unless the death of the person occurs after the Advisory Council recommends that the person be appointed to The Order of Ontario. .. .. ... I wish to place the following nomination before the Advisory Council for The Order of Ontario. ... My name is ... Address Telephone No. ... The person I am nominating for The Order of Ontario is: Name IIllii Address ... Telephone No. Date of Birth IIIlI Occupation .. Is your nominee a resident of Ontano? The following is a biographical sketch of the career of my nominee: .. .. ; III .. i 1 1 1 '" (over) ,. - - The following are the names of two persons or organizations who would be prepared to support my nomination: _ 1. Name Address - 2. Name Address - My reasons for making this nomination are: (If the space below is insufficient, please feel free to add further pages): .. .. .. - .. ... .. - - .. Mail completed nomination form to: .. MANAGER HONOURS AND AWARDS 9TH FLOOR 77 BLOOR STREET WEST TORONTO, ONTARIO M7A 2R9 - Telephone No. Telephone No. - October 31 Signature of Nominator Date Closing Date Egatement dispOnible en tran<;ais ... ... .. 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 Clerk .. - - .. .. - .. .. - .. - - COUNCIL DIRECTION 0-5 September 24, 1997 SEP 30 2 20 PH '97 . Mrs. P.L. Barrie Clerk Municipality of Clarington 40 Temperance Street . Bowmanville, Ontario L 1C 3A6 First Meeting of the Council of the Regional Municipality of Durham After Municipal.Elections - Our File: COO-OO x C10-01 Mrs. Barrie, the Finance and Administration Committee of Regional Council considered the above matter and at a meeting held.on September 24, 1997, Regional Council adopted the following recommendations of the Committee: "a) THAT the Co~ncils of the areafDunicipalities be requested to hold their Rrst Meetings following the municipal elections in Novemberon orbefore December 2.,1997; b) THAT, subject to the area municipalities agreeing to hold their First Meetings 'on or before December 2,1997, the Regional Solicitor be directed to prepare a by-law to provide for the First Meeting of Regional Council to be held on Wednesday, December 3,1997 at 10:00 a.m. inthe Council Chambe'rs, Regional Headquarters Building, Whitby; . c) THAT the first r'egular Council meeting be held on Wednesday, December 17,1997; and THAT a copy of Report #97-A-38 of the Regional Clerk-be 5ent.-.-.---m...---'-' to the eight area municipalities." \ C~_~;{~~~~~~C)~.-- \', Enclosed for your information is acopy of Report #97-A-38.: 'C'. RY -~ Ifnnfl dLa !~.~~~}iX\~_,___-, fJU / (j). j.-.-.......----...-- i..----.-...-.~. : !:. C~~:~.~~-:.-_.~.~-=~=;~~-~:.:.~.~.:~) .. : . I ~_._-_.., ........,-.,..--.j-' ..----.---, ~,._-,--. - .-.----~.l-. ---.,--1 ;_._-,,,~_._--t-, ----l I . ~ ;__..,~...-~.-~l----~ \-~~:-;:C~7.~::j d) P.M. Madill, A.M.C.T. Regional Clerk PMM/db Enc!. .@ lOO'lb Post Con$Ulref" " .. The Regional Municipality of Durham .. Regional Clerk .. Report to the Finance and Administration Committee .. Report No: 97-A-38 Date: September 17, 1997 .. .. SUBJECT: .. First Meeting of the Council of the Regional Municipality of Durham after Municipal Elections. .. RECOMMENDATIONS: .. THAT the Rnance and Administration Committee recommend to Council: a) .. THAT the Councils of the area municipalities be requested to hold their Rrst Meetings following the municipal elections in November on or before December 2, 1997; .. b) THAT, subject to the area municipalities agreeing to hold their First Meetings on or before December 2, 1997, the Regional Solicitor be directed to prepare a by-law to provide for the First Meeting of Regional Council to be held on Wednesday, December 3, 1997 at 10:00 a.m. in the Council Chambers, Regional Headquarters Building, Whitby; THAT the first regular Council meeting be held on Wednesday, December 17, 1997; and ." .. .. c) d) THAT a copy of Report #97 -A-38 of the Regional Clerk be sent to the eight area municipalities. .. .. .../2 .. 47 .. .. .. .. .. -2- REPORT: .. .. The Regional Municipalities Act provides that the first meeting of the Regional Council after a regular election shall be held after the Councils of the area municipalities have held their first meetings, but in any event not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences, on such date and at such time and place as may be fixed by by-law of the Regional Council. If the Councils of the area municipalities all agree to hold their first meeting on or before December 2, 1997, then Regional Council can meet on December 3, 1997 to organize as a Cou ncil and to elect a Chair. .. - - The election of members to Standing Committees would also be held at the same meeting unless Regional Council agrees to a change in the Council Rules of Procedure. Committees can then meet and a formal business meeting of Council held on December 17, 1997. The next regular meeting of Council would then be held in January 1998. The meeting schedule of Council and Committees is being reviewed and will be the subject of another report prepared by the Regional Clerk. .. .. For the information of members of Council, the last regular meeting of the current Council is scheduled for October 22, 1997, however, should a meeting be necessary in November it would be held at the call of the Chair. - Respectfully submitted, - .. @ma~iu P.M. Madill, A.M.C.T. Regional Clerk - - Recommended for presentation to Committee ... ... A:\PM-flEPT2.YRD - - 48 - .... .. .. - ... ... ... ... ... ... - ... ... - - ... .. ... ... - COUNCIL DIRECTION \ fJ. i' ;{ & I r . ! ~;. '!, .,~ ., ~ \ b:\~~'--'" '..J . ~ D~6 neT 0 i '997 c. A. S. E. o ':1 'hen" PM '~11.. . . "AUIIYCIPAUW OF Ct;.mNGTOtJ fJ:analll'tl'/tSIAaaresslng Sexual Exploitation - MfWQR'S OffiCE Parkway Postal Outlet, Box 62569, 85 Ellesmere Road, Scarborough, ON M1R 5G8 Tel: 416-412-6065 Fax: 416-412-1321 September 17, 1997 JiGfNlJA Dear Mayor and Members of Council: RE: The 9th White Ribbon Against Pornography (WRAP) Week, October 19-26, 1997 Pornography is everywhere-in our advertising, movies, television programming, literature, and on our telephones and computers. It effects even those who do not consume it. Pornography goes beyond the images of Playboy to those of extreme violence and sexual explicitness shown together. UNICEF reports that one million children a year are forced into prostitution and used to make pornography in North America. Distressing is the realization held by Det. Staff Sgt. Bob Matthews of the Ontario Provincial Police, Pornography Crime Unit (Project P) that: "Per capita, Canadians produce as much or more child pornography than any other developed country". Children are Canada's most valuable resource. Children should not be used for the profit of producers and distributors of pornography. Citizens of your community are taking a firm stand against the harmful effects of pornography. We would like to count on your support by: 1) proclaiming October 19-26, 1997 the 9th Annual WRAP Week and 2) wearing a white ribbon. Thank you for being part of the solution. Joe-Anne Boyle WRAP Co-Ordinator _.-...- -.,-...,..--.--- ---... -........."".l i r''\<'mr1 -. U710.N ,.~ ~ 0....:),..... .,.Ij ~. I CLERh ----' - .-------,-- i: ~.C:-\. EY __~__~ . Cf<iC~ 1~';,l1:'" -;-; ,----..---.. . .-'. '..--...---.--; i CQ!'. .~_:~ ",'~ f :--.....-- --. .--. --.:--..-.-----1 : ~~',-~.=:=-~ ---. --'.---4 j . . .-...~---~._...-......- ... ., ------- . . .,.------. ~ -- ; Mo.~.2l..: ::.:._:;~~:c..: " ... .. .. .. The age of consent for sexual activity in Canada is 14. This law is currently used in the defence of those charged with making and possessing child pornography. Those charged, claim that the children photographed gave consent. The mother of a 14 year old child that was recruited into prostitution embarked on a challenging journey campaigning to raise the age of consent. So far, the Minister of Justice, Allan Rock, is the biggest obstacle having yet to respond to the wishes of Canadians and commit to a change in legislation that would raise the age of consent. ... .. The 9th Annual WRAP Campaign focuses on the issue of consent. Children are Canada's most valuable resource. They must be protected. Petitions are available by calling the office of MP Sharon Hayes at 604-469-6787. With the support ofthe Catholic Women's League the WRAP campaign continues to increase public understanding of the content, harmful effects, and legal issues concerning pornography. Education will help safeguard men, women, and children from the resulting victimization, violence and desensitization resulting from pornography. ... ... Catholic Women's Leagues are requesting: .. · creation of by-laws concerning pornography and the enforcement of existing laws · WRAP WEEK PROCLAMATION from their city council's · petitions from the office of MP Sharon Hayes · advertisement on buses, radio and television stations, billboards and banners across main stre · homilies on the devastation of pornography (see The Pontifical Council for the Family, Rome.) You are making a difference. Thank you for being part of the solution. ... .. .. Joe-Anne Boyle WRAP, Co-ordinator .. ... ... III till .. " IlIIII '. - .. .. .. .. - - - - - - - - - - - - - COUNCIL DIRECTION D-7 ') AGEr~[)A Renita VanderkooiSEP 29 10 01 AM '97 124 Cove Road << Bowrnanville, Ontario llC 3K3 September 22, 1997 Mayor Diane Hamre 40 'Temperance Street Bowmanville, Ontario UC 3A6 Dear Mrs. Hamre: RE: Rezoning Application Clarington Recycling and Transfer Station Inc. Part lot 9, B.F. Concession, Former Town of Bowmanville After attending today's meeting, we felt it was necessary to make our concerns known to you via this letter. _ Bowmanville has the advantage of being located on the shores of lake Ontario. You, as council members, have the power to "make or break" this area for our future generations. If we keep sticking messy, noisy industrial buildings by the lake it will be ruined forever. \\1e already have to contend with some of these industrial sites with rows of chain link fences, the railway tracks and the Hydro lines as we take our only route to the waterfront. We should try to beautify our lake area before we totally ruin it. _ There has been talk of an alternate route across the tracks south of liberty Street. We believe this should be passed and implemented before the above application is passed. Even then, what about those that live at Port Darlington Marina Villas and east? _ \\7hat point is there of having Bi-laws for Zoning when they are always being changed? _ The applicant, Mr. Potter and Consultant, Mrs. Geis have said that noise and odour will be contained. Tarps will be placed on the trucks. If this is not adhered to, it will be put upon the residents to act upon and follow through. _ It is already a problem pulling out onto liberty Street from lake Road. Presently, there are transports and large trucks coming from the other industries. 'This frequently causes a line-up at the stop signs. Also, in order to turn from lake Road onto liberty Street and go eastbound 401, you need to stick your car nose into the lane to see beyond the bridge if any vehicles are coming. This poses a dangerous situation for those pulling out and those coming under the bridge. . . . /2 " I Mayor Diane Hamre - 2 - RE: ... Rezoning Application The added 9% traffic, which is quite abit considering they are all large vehicles, will only make the above situation worse. There will be additional vehicles during construction of such a facility. Also, there will be a substantial amount of traffic flow once Cedar Crest and Cove Roads are joined. till ... - An additional 100-120 trucks per day is a large amount of added traffic, not minimal as Mrs. Geis would have us believe. ... Once the Zoning is changed and the above-mentioned business is operating it will give Mr. Potter every opportunity to expand his interests. He has already stated at the meeting that in 5 to 6 years he may consider residential waste. .. - lastly but very importantly, what is Mr. Potter's background in owning and operating a business of this proportion. Or, is Mr. Potter applying on behalf of someone else. Is he the sole purchaser of the property? .. .. Finally, we would like to share with you our passion for our coomunity and our waterfront. We would hope that as council members your short and long range plan would be to help beautify and preserve this area. .. S:&:)}/'i&tb.~/m/ III I:bL} ift~/4'cn' Renita~anderkooi Doug Vanderkooi III c.c. All Council Members ." III ., -- _._....~- - - ..- - - --.- -- - -~ - - -..- -........-, D!SmT :"UT;ON r.' n-'if J~.t?'~.\ ..~.._____..__ .. - - i r-- -- , ~- -~- - i ------ - ~ ."! ~ ; .. .. " .. .. r. COUNCIL DIRECTION DURHAM REGION D-8 40 King St. West, Suite 202 - THE t. LUNG ASSOCIATION OCT 3 (n) 30 September 1997 - Oshawa. Ontario LlH IA4 2 10 FH '9l c1: (905) 436-1046 Fax: (905) 723-3151 - Ms. P.L. Barrie, Clerk Municipality of Clarington .. 40 Temperance Street Bowmanville, ON LlC 3A6 - Dear Ms. Barrie: .. The Lung Association is one of Canada's oldest health charities, and the Durham Region office serves thousands of Durham residents each year. . - As we launch our annual Christmas Seal Campaign, we request that the Clarington Council proclaim November 1997 as Lung Awareness Month. (I am also writing to ask Durham Regional Council, and each area municipal council to do the same.) - - The Lung Association is a community resource for people suffering from all lung diseases, including asthma, chronic bronchitis, emphysema, etc.; and for people who want to quit smoking. We also visit thousands of students each year, promoting the importance of healthy lungs and the serious consequences of smoking. - The Lung Association is entirely funded through public donations~ with over 30% of the funds generated by the annual Christmas Seal Campaign. All funds raised support our mission of improving respiratory health through medical research and community health programs. - I have attached a suggested proclamation for your convenience, but please contact me if you require any further infonnation. I would also appreciate it if you would inform me of the date of the Council meeting at which this item will be considered. - - Your assistance in promoting the importance of healthy lungs to the Clarington Council and to the residents of - ~~ Anita Witty, Chair 1997 Christmas Seals Campaign As our motto says, "Wheu Y ou i~;~~ffi L~~~{j"1 i "~';\,y" I".v~ , ,:; ~; ~;;,' i. ./J.Ji~t<<fiu . --' ------j __'~;~.::' . .. ....J i __._......._.;J.,., 1 -_# --~....; , - ------._! l ..____-\.0 . _...n_~ the Municipality of Clarington is greatly appreciated. Else Matters. " - Sincerely, - -e Charitable Registration No. 0036368-11 " ., , -_..~ , '\ .---..-.-. .~.-...- -- - '; --------{ I _ ! ' :-".--':7yr()-~-(;2~\ - Att. When You Can't Breathe, Nothing Else Matters. , \' Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Resolved, Resolved, Resolved, .. ." .. PROCLAMATION: Lung Awareness Month, November 1997 III more than one million Canadians suffer from asthma; and .. over 500 people die from asthma each year; and ... nearly 45,000 Canadians die each year from smoking related illnesses; and over 600,000 Canadians suffer from chronic obstructive lung diseases such as emphysema, chronic bronchitis; and ." there has been an increase in reported incidents of asthma; and .. a public awareness campaign is needed to educate the public of the importance of good respiratory health; and III The Lung Association was founded in 1908 to fight tuberculosis and continues to this day to be committed to the conquest of respiratory disease such as asthma, tuberculosis, emphysema, lung cancer, and to promote a smoke-free lifestyle; and .. III the annual Christmas Seal Campaign supported The Lung Association's original efforts to fight tuberculosis and continues to help the Association fight all forms of lung disease today; be it .. by the Clarington Council that the month of November 1997 be proclaimed as Lung Awareness Month; and be it further filii that the people of Clarington be encouraged to seek information about lung disease and their role in its prevention and control; and be it further III that the people of Clarington respond generously to the Annual Christmas Seal Campaign to ensure the continuation of The Lung Association Durham Region I s ability to conquer lung disease and promote lung health. ... ." lilt III " .. In Case of Transmission Difficulties, Please Call 416-8G3-2101 H> JJi(CIlnr\:11Jl\l~ 1)) '~ 0-9 Gel 0 1 1997 - Please Deliver To: MAYOR, DIANE HAMRE, MUNICIPALITY OF CLARINGTON COUNCIL DIRECTION - 'Oa 3 2 04 FH '97 - Office of the Minister Bureau du ministre Office of the Minister Bureau du ministnl ,""UNlCIPAlITY OF Ct.~R\NG10~ EFflCE ~~ Ontario - Ministry of Ministire de Consumer and la Consommation Commercial Relations at du Commerce Ministry of Ministere des Citizenship, culture Affaires civiquos, de Ia and Recreatlon culture et des Loisins - 35th Floor 250 Yonge 51 Toronto ON MSB 2N5 (416) 326.8500 35 · l':tage 250 rue Yonge Toronto ON M58 2N5 (418) 326:-8500 6th Floor T7 aloor Street West Toronto ON M7A 2R9 (416) 32~200 6 . Qtage 77 ~ Bloor Ouest Toronto ON M7A 2R9 (416) 325-6200 - September 25, 1997 AGENDA - Dear Heads of COWlCi1: - As a follow up to our letter of September 19, 1997 outlining the govenunent's program on charitable gaming, we are pleased to be writing today to share further details about the role that municipalities will play in charity gaming clubs. This gaming initiative will provide charities, like those in your cOlIununity, with up to $180 million in new funding every year. It will also ensure a safer, more controlled environment around this form of gaming activity. - - Charities asked our government to fi~ a system that was not working. Municipal COlU1eils have communicated to us that local communities want to be involved in the implementation of charity gaming clubs and want to have input into the location of the clubs. We are acting on both of these requests. .. We agree that local input and involvement is critical in the successful implementation of this initiative aimed at benefitting charities in your community. That is why we want municipalities to playa key role in implementing and monitoring charity gaming clubs in their communities, - - As you know, the province will not impose a charity gaming club in a community where a municipal council has made a decision that it doesn't want one. .. Municipalities hosting a charity gaming club will receive an annual fee of $1,500 per video lottery machine in return for: - > inspecting and assessing proposed charity gaming club sites to determine their suitability from a municipal perspective and preparing a report to the Ontario Video Lottery Corporation. This would require municipalities to liaise and consult with local charities, police services, community groups, ratepayers associations and local business and tourist associations to provide the Video Lottery Corporation with a comprehensive assessment regarding operational matters and related community concerns; - - > on an ongoing basis, reviewing tbe impact of video lotteries in the community, including economic impacts and integrity issues and reporting to the province, through the Ontario Video Lottery Corporation. - .. ./2 - " Page 2 ... This annual per machine fee will result in a minimum of $10 million annually in new revenues to municipalities. This would mean that in a city such as Kingston or Thunder Bay, revenues would be approximately $225,000 per annum. Similarly, in Kitchener- Waterloo, this could mean $450,000 in annual new revenues and in the City of Toronto it represents $1.6 million. ... ... In addition, the government has proposed that municipalities will be responsible for determining the time period for which each charity is licensed to access their local club (for example I, 2 or 3 day time periods). The Gaming Control Commission will work with municipalities to develop guidelines to assist in that determination. Similar to the fee currently charged by municipalities for their role in approving Monte Carlo events, municipalities may charge an administrative fee for their role in assessing charities applications for time slots and for allocating time periods. ." ... Time periods will be divided amongst municipalities within a club's <'catchment" or market area on a per capita basis. TIle total number of days and hours of operation will depend upon market conditions and the needs of charities. Catchment areas will be defined by the Gaming Control Commission. Further information on the catchment areas will be communicated to you in the near futW'e. ... Municipalities will also be responsible for determining the order of access of charities to charity gaming clubs. Charities currently actively involved in sponsoring Monte Carlo events should be given preference in the allocation of initial time periods. Remaining periods will be allocated using a lottery system. .. ." Finally, participating municipalities will be invited to suggest names for community representatives to sit on the local funding bodies charged with responsibility for allocating video lottery funds to charities. These funds will be pooled provincially and will be administered by a reconstituted Trillium Foundation and its local fWlding bodies through a grants program. Furthermore, the charities participating in charity gaming clubs will keep 50 per cent of net revenues from the table games, estimated to be $80 million. .. .. The charity gaming club initiative will provide for better enforcement and accountability in the charity gaming sector. It also represents a significant increase in the funds--up to $180 million annually--that will be generated for Ontario charities. We look forward to working with municipalities on the implementation of these new charitable gaming initiatives. ... ... Yours truly, ~.r ...~~ eP<_~?:'~/~ _ David H. Tsubouchi . Minister Consumer and Commercial Relations III L+' ~.' :::~'.:~m-:;"--~" -;';'I-::--':)"-""'~! ~ .' '.~~~ !i .. ~ L ~ ~ (I"" J :' . I 'If I .. Maril M hi k.i " ~''-''',v'~-'-''-' ----, .-1 yn us ns -.' 0. . .._ . _..___ _ ~ Minister ' " ~!;;! ~ j ~ .' Citizenship, Culture and Recreatie~~:;':~:::""~'--~"':'~--~:l .. cc. Ontario Charities - -~-~"- -.- - -..' . i ....---...---0( -.---_..J III ; '''-----'1 j -----1 ------j ,~,----' ; I ... - -..:-.,---... P8-~l~~-:; .. " ... 3.) Join us in our national fundraising effort to provide '____'_~h_________________' desperately needed support to women' s shelters, rape crisis centres, D: ~,;1~U Ti () ~~ :transition houses and advocacy programmes across Canada. CL~;':::, (~A-)~_______ ~lease FAX us today with your order for ribbons, posters, donation :'"C:',":",'" ,-,.~..._-,_" __ -' oxes or for more information. .. (~ee attached o.rder form) Also _ : "~)i.'.~: ',' ~_. ~, '~ase send us a copy of your munJ..cJ..pal proclamatJ..on. !--~~~;::-;;<~;~i:"" -~--_:--:'-:ours truly ... i ;,"t;;/~~~i~doo--],-'------K~.L ~622-59' -'-~~ 1_.. - --- ------>>ack Layton i 220 Yonge Street , eo-Chair: The White Ribbon Campaign ... :---Gd~i~rOffices - -Board of Directors: F.C.M. I S' Uli> ]-14. f Toronto, Ontario i--rvr5B"LBr-- --Attachments: Poster facsimile & information brochure _ ~-rer\4T6)S96-1513; ---. j~16)-S96-8359!-'- " ... ;-_~\;::m?d-~:,~'" .. m ... ... WHITE RIBBON CAMPAIGN - , ~EN WORKING' TO END, MEN'S VIOLENCE AGAINST' WOMEN ' - - - - - - - ... - - C>.. .u.' " ~ '~7<-' COUNCIL DIRECTION 0-10 OTo:3Th.e Mayor~ Members of Council & The Municip;; CT Z O~ PM '9, m1]CCiBll September 24, 1997 ii G E !~ D A ~ GCi 0 1 1997 Re: 1997 White Ribbon Campaign L\~ Of CLAf\\l'-lb {ON 'M\J~CIPA \ 1 M~,(OR'S OftlCt Dear Municipal Colleagues, I am writing to you today to invite your municipality to support the 1997 White Ribbon campaign: men working 'to end violence against women! Each year our campaign invites all canadians, especially men, to wear a white ribbon in the days leading up to Dec. 6th, the anniversary of the shootings at Montreal's L'ecole poly technique. This simple gesture has become a widely recognised call to end violence against women. We also ask the public to sign our poster headed: THESE IfEN WAN7' TO PUT AN END TO VIOLENCE AGAINST WOlfENl Last year more than 50 aunicipalities in canada formally proclaimed White Ribbon Day and, in many cases, distributed ribbons and had public poster signings at their municipal offices. Local media coverage was terrific in these communities and helped spread the message. The FCM, many school boards, corporations and trade unions have endorsed our campaign. Here is what we want you to do: 1.) Proclaim White Ribbon Week: Nov.28-Decl6 (see attached draft proclamation) in your municipality and urge council, staff and the public to wear the white ribbon and sign the poster. (Invite local celebrities to join the Mayor and councillors in the poster signing!) 2.) Invite the public to come to your municipal offices to get their white ribbons and sign the poster. ( we'll send you as many as you need) " .. draft .. .. Proclamation of WHITE RIBBON WEEK November 28 - December 6, 1997 .. ... .. Whereas the issue of men's violence against women continues to be a pressing problem in our community and whereas the White Ribbon Campaign, as well as other worthwhile initiatives, suggests that it is appropriate for municipal governments to address the issue, this municipality resolves as follows: .. .. ... 1. That November 28-December 6, 1997 be proclaimed WHITE RIBBON WEEK in the municipality of .. .. 2. That all members of council and all municipal employees, particularly men, are encouraged to wear the ~white ribbon' during White Ribbon Week. .. .. 3. That the White Ribbon Poster be displayed at the Municipal Offices in such a location that it can be seen, and be signed, by councillors and visitors' alike. ... ... 4. That the municipality will make White Ribbons available to all visitors to the Municipal offices during White Ribbon Week. ... III ... " .. - - - .-. ----. _.~----------- . THESE MEN WANT TO - PUT AN END TO VIOLENCE - AGAINST WOMEN. .~'-- . MR. MR. MR. MR. -- MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. . MR. MR MR. MR. . MR. MR. MR. MR. MR. N.1R. tviR. .MR. ... MR. MR. MR. MR. MR. MR. MR. MR. .. MR. MR. MR. SHOW YOUR SUPPORI MR. WEAR A WHITE RI8IlON AND LETTH WORLD KNOWTIiAT MR. 'IOU WONT STAND FOR VIOUNCE AGAINST WOM:N. MR. . MR. MR. -+ MR. MR. MR. MR. -€- I MR. MR. I MR. MR. .. MR. MR. MR. MR. - MR. MR. MR. MR. MR. MR. . MR. MR. \VHITE R!BBON CJ\MPAIGN MR. MR. - MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. . MR. MR. MR. MR. MR. MR. MR. MR. . MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. - MR. MR. MR. MR. MR. MR. MR. MR. - MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. MR. - " .. ... ORDER FORM - Fax to: 416-596-8359 .. Dear Mr.Layton, Yes, Our municipality will participate in the 1997 White Ribbon Campaign. ... 2 posters, 50 ribbons, 25 inf~- brochures & 1 donation collectzon box $20.00 per package & postage & applicable tax .. 4. White Ribbon ~1997 Fall Campaign Package .. ." ." .. .. Please send us package( s) @ $20.00 per package & postage: III ." The Municipality of .. Address Province Postal Code ." Telephone# III Pax# .. Attention : .. III " .. - COUNCIL DIRECTION D-11 - \let \l \1 so ?\\ '~l .. - - - October 6, 1997 - - Dear Members of Council: - Enclosed are signed letters from local residents that are against Joe Domitrovic operating a business in a residential area. .. I strongly feel that the decision Council made in the beginning of not allowing this property to be rezoned was the right decision. This is a local residential area and will continue to be a residential community. - - When this comes to council for discussion, many of the residents that signed their letter stated that they would like to be updated as to when this will be considered. - Respectfully submitted, . _. ,_, __. ._. ._."~ _ _. n ~..,,-.._ ..____~~_.._~_ -- .-~ , .- J I ';'<'-I::i::;":: ~::~._~ :-- {l~ : jJ;;/)0~it1~u<, r:~:;; 5~: ..~.- r~: 8 tJ "r~ () i'i ! ~ i ~,:- ~ ..... . '.- - -.~.-..-.~~._~... -~.,"-' ~ - &~~4+ Bernice Petryshyn - - . - ..:- ".' ,'-' ....-.- -_.j~ , --_. ~.-.~.-..--{ - .....:...-_..~ ",' f[)iJy:..,~:: - - " IIIlIi ." .. October 4, 1997 .. ." Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. '( .. Thank you for including my letter in your decision and I frrmly believe that the right decision in denying the rezoning application was the right decision. .. Please feel free to call upon me to verify my opinion. .. Yours tndy, ... ." ~~~_&-~- /6/~ ~_.- ~~ .4) C~ ----~-----~~--~~-- Address IIIlIi ... .43L/ -~6'7o __L~_~_______________________ Phone No. .. III iii III " .. - - - October 4, 1997 ... ... - Dear Mayor Hamre and Councilors: - I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. ... I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. - Thank you for including my letter in your decision and I firmly believe that the right decision in denying the rezoning application was the right decision. - Please feel free to call upon me to verify my opinion. - Yours tru ly) ... - // A r / -~--~------------ Name ... /6'7/ au"/u-;!v! &'/;JfJ ------------------------- Address - - ___~JjI~--sr~~~----------- Phone No. - - " - .. .. .. October 4, 1997 ." ... Dear Mayor Hamre and Councilors: III I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. IIIIliI I am opposed to him being rezoned as a business and I am also against him being gran ted a tem porary rezoning. ... Thank you for including my letter in your decision and I finnly believe that the right decision in denying the rezoning application was the right decision. IIIIliI Please feel free to call upon me to verify my opinion. ... Yours tru ly, IIIIliI ... N~--~--~-- J-L!LL_~~fl[~2'1 Q&C___f.J . Address .. ... -___Y~~~D_Q_L~___________ Phone No. .. .. .. ... " IIIIi .. - .. October 4, 1997 - - Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic~ 3872 Courtice Road, Courtice~ operating a business in a residential area. - - I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. - Thank you for including my letter in your decision and I flI1l11y believe that the right decision in denying the rezoning application was the right decision. .- Please feel free to call upon me to verify my opinion. Yours tru ly, - - ~ If_~B__t//!~:JQ~fi(}. Address . 9-]> 0 2-1?-:5 ~ - - - ------------------------- Phone No. - - - " - IIIil ." .. October 4, 1997 ." MIl Dear Mayor Hamre and Councilors: .. I wn writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. MIl I am opposed to him being rezoned as a business and I am also against him being gran ted a tem porary rezon ing. IIIli Thank you for including my letter in your decision and I fU1llly believe that the right decision in denying the rezoning application was the right decision. MIl Please feel free to call upon me to verify my opinion. ... Yours truly, MIl MIl A~L~' -----~~---------------------- Name MIl /.;0;>0 ~OoIZrtLc l20. ... Address 90S- 4'32 1/83 ------------------------------- Phone No. ... iI! .. .. " .. .. .. .. .. October 4, 1997 .. .. Dear Mayor Hamre and Councilors: - I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice~ operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being gran led a tern porary rezoning. .. Thank you for including,my letter in your decision and I frrmly believe that the right decision in denying the rezoning application was the right decision. .. Please feel free to call upon me to verify my opinion. .. Yours tru ly, .. .. ___~~i~~------ Name .. .. ; I "" / C7 e -;- fl/J ___':LiL~____~_f.lLLJ.L-I~'_frli/..L---- Address .. ___~"i3_L~~~lLL_-__--- Phone No. - - - " .... ." ... October 4, 1997 .... ... Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Court-ice, operating a business in a residential area. ... I am opposed to him being rezoned as a business and I am also against him being gran ted a tem porary rezoning. .... Thank you for including my letter in your decision and I frrmly believe that the right decision in denying the rezoning application was the right decision. J, Please feel free to call upon me to verify my opinion. .. Yours tru ly, .. III '- .. _3"7 ;?'2--/A-(j--..h--2S. Address --_/~~~-_2-:1_<?_ D____ Phone No. ." - lIIII lIlII lIlII " lIIli .. .. .. October 4, 1997 .. .. .. Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic~ 3872 Courtice Road~ Courtice, operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. .. Thank you for including my letter in your decision and I firmly believe that the right decision in denying the rezoning application was the right decision. - Please feel free to call upon me to verify my opinion. ;, .. Yours tiU Iy) - .. ___~~~UhQ~___JjLU~J~~------- Name .. _~1.~L~___~0k~~___&J:..---{O urtu Address - ___~y5~_~&_J_~~__Q~lbL1:----- Phone No. .. - - " - .... .... .. October 4,1997 .. ." Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. ... I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. ... Thank you for including my letter in your decision and I firm ly believe that the right decision in denying the rezoning application was the right decision. II1II Please feel free to call upon me to verify my opinion. III Yours tru ly) ." .. ~--~~~--- ~~e _D!JL__~~k__ Rd. Address .. ." q ()~ - _C[(}_f_~~czLrz_________ Phone No. ... ... II1II l1li " l1li .. .. .. October 4, 1997 .. .. .. Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being gran ted a temporary rezoning. .. Thank you for including my letter in your decision and I frrmly believe that the right decision in denying the rezoning application was the right decision. - Please feel free to call upon me to verify my opinion. - Yours truly, .. .. /7 .' ~7 u~v/U ';:_!~ :.- :'::..h_~_~_~__~~...;._~_~_~_ Name I1J d-_L~~~~_ ;G~__ Address - ... L/-:5_ {, - 00;2?- __________L________~----------- Phone No. .. - - - " ." ... ." October 4, 1997 .. ." Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being gran ted a tem porary rezoning. - Thank you for including my letter in your decision and I firm ly believe that the right decision in denying the rezoning application was the right decision. .. Please feel free to call upon me to verify my opinion. - Yours tru ly, .. ." ---1JJl'd;/~ Name __~~a-r~dL;?J /C~/' AdJ;;;; =-=7 --_2. C9-~d!.vzL_____ Phone No. - ." - .. .. III " III .. .. .. October 4, 1997 .. .. - Dear Mayor Hamre and Councilors: .. I am writing this letter to inform you that I disapprove of Joe Dom itrovic~ 3872 Courtice Road, Courtice~ operating a business in a residential area. - I am opposed to him being rezoned as a business and I am also against him being gran ted a tern porary rezoning. .. Thank you for including my letter in your decision and I fundy believe that the right decision in denying the rezoning application was the right decision. - Please feel free to call upon me to verify my opinion. .. Yours truly) .. i 17 // I~i/'~ i / f ! ll/ ___~___ --c--------------- Name .. .. ___ L/1!i]_1]Jd~I4_!l10 ------ Add~~s - ____iL2=13 )~_3_~ / i-- Phone No. .. ... - " - ... .. ... October 4, 1997 .. ... Dear Mayor Hamre and Councilors: ... I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. ." I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. IIIIi Thank you for including my letter in your decision and I firmly believe that the right decision in denying the rezoning application was the right decision. .. Please feel free to call upon me to verify my opinion. ... Yours tru Iy) .. ... o :), \ "~"- \ J--'-.\. ,--"e-' ---~-------------------------- Name III ICeC6 'J f7r-6GL~S\QN~ (:0 ------------------------- Address .. L\ '3 '6- 0 C\ G L\ ... ------------------------- Phone No. .. II II1II IIIlIiI .. ... .. October 4, 1997 .. - ... Dear Mayor Hamre and Councilors: ... I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. ... I am opposed to him being rezoned as a business and I am also against him being gran ted a tern porary rezoning. - Thank you for including my letter in your decision and I frrm ly believe that the right decision in denying the rezoning application was the right decision. ... Please feel free to call upon me to verify my opinion. - Yours truly, - - ------- ~ / . --------I /' /,' . ____~~~~__~__~_~~~_~t~~_____ Name ... -I? i/- ~~. ~ ,;; ~- -:7/,) L <II.~ ------------~-~-~~~-~~~-~-~~ Address - c/ l- ; '- ... ------------------------------- Phone No. ... ,/ / / r ' - t - - " .. ... October 4, 1997 .. .. ... Dear Mayor Hamre and Councilors: I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road, Courtice, operating a business in a residential area. .. III I am opposed to him being rezoned as a business and I am also against him being granted a temporary rezoning. .. Thank you for including my letter in your decision and I fmnly believe that the right decision in denying the rezoning application was the right decision. III Please feel free to call upon me to verify my opinion. - Yours truly, ." .. - A d '~ . I} VV . ._ _./].!2~~_'!::_~_'-=-~~______ ..c_!L~~____ Name .. __I10 ';)_2 ~ iJ5-~~_o.~f________ Address ." --_~(~_~2~_______________ Phone No. .. .. .. .. " IiIIII - .. - October 4, 1997 - .. - Dear Mayor Hamre and Councilors: - I am writing this letter to inform you that I disapprove of Joe Dom itrovic, 3872 Courtice Road~ Courtice, operating a business in a residential area. .. I am opposed to him being rezoned as a business and I am also against him being gran ted a temporary rezoning. - Thank you for including my letter in your decision and I fundy believe that the right decision in denying the rezoning application was the right decision. .. Please feel free to call upon me to verify my opinion. ~ .. You rs tru ly ~ .. -_/$- Name _L7~'L__&ifA-J~!( Address .. - .. 4'~ ~ - A;) ~ \ ---~~------------------------- Phone No. .. - - " - .. COUNCIL DIRECTION D-12 ... Danny Hooper RR 2 Orono , "'~:,. ._ "." '," II r-. ;:,;.._.,,~ . . "'<~ '\'\ \ \.:.'.i . l_, .;.;.:E' : . J' .:, ~r' , ,',j" r. 1 % 1 /97 "f" \ \.,~ \.. ....f\".. r"" I ."r"J\ ~.. \ '.';; -.~.""'.'" ;V:"'L..'..,;;,. ...~.-......_-~. ,-, '. ,_ ','~: r . ~:~j." --'j -~. . <\ .,' '. l ". ~,..' ! 1 :"; (:'! -,\. t '~.. I. "."".' ... ,- ." ,~'/~~ -", . " ~, I 1/'-1'''''; ~I:. ) LOB 1MO~J . .\":: ! ,':"':: . ; . W ~ 11'--" 98" 5195 '. ''\ (\ I::; '.... '.' :......~J'~...'......... .'.":.-"Z..'.- -:.~.' "r .) . '.... I ~.,.. . " ' .) ~ "!"\ .. .. Mayor and all Members ofCoun.cil. '. ""..'.\\.' \)l- ~<'~\~'1.~"'''; "-V..l1AUG~'~': ."[]~~'~--.~.',~~ \.,,".\ \ ", . .,J' . c__., 40 Temperance St. ...:(;\,\~,,\. J.~ (:.~:,!. \.;," j.."., , (C !. , . 1::("': . . \.:." 1 . ._.' ~__.. ,._.~ BowmanvJile i -~-' ...~..-._--, ... ... - .- .-....---.---< ! Re File # OPA 97.020 i .1.., '--'''''j ,_ _ ,__..___.-J~ Mavor and all Members of Council i'; . . . - ....... - -"'--"1 \"0;' q. OpA . qj:.p"~ 9 I am writing to you today to oppose the above regional file #opa 97 -020 on a few items. I have so many oppositions to just the environment items that I would like to state-only just a few: 1) wild life 2) old dump 3) lJ:1dian burial ground 4) poor water drainage 5) bad wells due to poor sewage drainage'6} noise pollution 7) future development into an environmentally protected area. I could go on and on with many other items. I am also going to state that I am very pleased that Mr. and Mrs. Lishman are looking to Clarington for property but it is a business that needs to be located in an industrial area not an area that some day could be a beautiful park: a beautiful well planned area. - - - - - Also at this time I would like to state that an airstrip is also located very close to the proposed development. I have lived at this property for eight years and my wife for thirty years, The planes that used to take off were just small pleasure craft and today we are witness to World War II dive bombings at 10:30 Sunday mornings with background sound effects from the Orono gun club. I have some excellent video shots, Hollyvlood would be proud. All from my deck Sunday morning with my coffee. To tell the truth I am getting very tired with W.W.I1 Harvards taking off from a small air strip in my neighbourhood. Anyone that has ever been to an air show can attest to the deafening sound these aircraft make. ... - - ... I suspect that the Lishmans are planning to develop ultra-light aircraft manufacturing at this site Re: Oshawa This Week, August 24 1997 "Mrs. Lishman said the purchase of the property is conditional on getting an amendment to the Durham Regional Official Plan to Allow for the business operations for Mr. Lishman to operate a business involving ultra- light aircraft as there is an air strip on the property." I have no wish for an already over used private air strip to become a commercial aviation test flight runway. - .... 1\'1y final concern is the entrance off Taunton Road. The two hills on either side of the entrance create a nightmare waiting to happen. Thank you. Danny Hooper / / /' RR 2 Orono ;filII' ,~ - - - - COUNCIL DIRECTION D-13 - Gregory R Johnson RR 2 Campbellcroft LOA I BO ~I3(C1l\Il\'JW.~) GC~ 0 {) ,~97 10/0 1/97 - - Mayor and all Members of Council 40 Temperance St. Bowmanville 0.. CLf>..P,\ilG....-Oti ..-\Pl\lll'l' r .." t,,'..... . t'. - "\"~ ...'.).. "D'S 01-1' VL MA'fuP .. Re: File # OPA 97-020 AGENDA - Mayor and all Members of Council .. I am strongly opposed to the Lishman proposal to rezone permanent agricultural land for industrial use. I fear that my concerns may fall on deaf ears as a result of the players involved. Both the vendor and prospective buyer are people of wealth and influence in our area and have much to gain financially from this zoning change. Far too often governments buckle under to these avaricious political heavy weights and ignore the concerns of the average hard working, tax payin~ voting public. Let Mr. Lishman bring his money into Durham. Have him erect his factory on serviced industrial land already zoned for tIus purpose. Why disrupt this environmentally sensitive water shed area. Habitat such as this is disappearing at an alanning rate. Lets think globally and act locally. Our children's future depends on this philosophy. - - - - - Sincerely GregoryR Johnson - ..........~-_..-. -- - -". ---- --~~_.- ~- -- ---- j n'::::"'-~l-' -. 1 I ! . L.!l~.. I. ,. . 1 ,;.,...l;'~ I ; Cl r'll' ~ .th/'. -__ __ I : 1 ... - ;_5~~~(~';~~~: ___'{/J..L _-=-.. I.'-Sf);/; ':::_~._-ct-. d",,; ;':t:f()A1' ----....-. i : i-.-'~'-~"- - ~ - - .-------i i ~_.- - - .--~.. --_._----~ . I ;.. ........... _. _. _ _____ _ __--..1 I .--'-" . -- .- -.....- - -. ----< , i i........._.h__. - --- .~-- . .-_.. ..~._-_.-----i - I :~~6R~L~1:~i 0 - - - " - .. / OCT 1 I 57 PH '91 COUNCIL DIRECTION D-14 ~,~ f){[f.J1I.-j11/1IL 6~(;~J ,(;;){Ji 19lrdhU)/1 Ie) Il)Q L/~ ~g (/)ct~1-/77- - -!)W)v!Lt, . (}WUJ}7Lf)v3 ..~J AlmL .MJ~ .b Jd 4f2i-G .k-flovJ CJf cu ..~ ~. mg jl;.UIY .l/uJzdJ:.) .iiV'dJZ!fc/((}/z7Z(f; ~J , /1?'UJ/vJiV!ft~/ncL-a.ie/1'7UJ()Y'l'J4- ~ ~O/nD ,~!iMd. .LrJ c2l!Jur[. ,AJn tv JUZTIL )0i1Ld, oi? J-if1L~y fl~ .aft . ~p~ ~ ~P7/lf'J!d Ah.e", ,1(fJy.flYl!J.pUZ ,sJ.o2tfu ~ 1!i ~ /(VJ1(JL ~{'lJfl.4J ~,l.()~' bwhdtilo .~ /Jrc{l!C:-1J U,~ ;d!Ufc:&<-lt : 'V 'f! .i!L'lh[? fldUCbj .bJ p~ ;tJIiILcz:!l/G) .. ~ ./ulJ/'C;/01d a, OoUPfj at .k'C~-f( , (?1.{J~. : .paf&J! .VJu ,;Cai./Y .-a/UYu 411d ~{J/7Hd!1i ~0)u;<!~aX(- ~~, /a~:tc-U?LC~ ~w ~/}'G / i.Ue. P7UL/' 'ft WcUJp .;;&'uoJ flllt.oJ Ac.a/u, (?-r: 0 ' i 'c.'-ii:~~'r'-~~I~:'\J'TIOt~'~--1 ! ('I ,.,.. ;g" f : I 'l ~ Ie r\ _ ' . ~ .~.. ...____.______ I ! t.:.;. ::',' iftxd' : I" ...--.- '~I i.... !') I Cr".. 'I I pc. ;~_~~~:.~ ~_~.. ~! _~..~~u~____=_~ ll~:;;"'::': .'.:: ..- -. ~---_._.j:. , I:~-~. ",' '.::.~L. --1 , 1 \ t~~q . . . .. .-u-'__'t~~=I----: I I , I \--._'.. ~....~:~:...J~---J l-'-"=;g-(;rt-'~----~-!. , "" tJ t)' c- i :1.' ". . C.....~.~.___. ; .. .. I I .. - - /. - .:J/.a~ ~D~) LXd~cxj. . ~. P ~~-/L.bJy /~ ./Lu/}U --cv .x:Jid>>J".&77d ~/Jiltiu .r~~' . ~~v ~, I' ~/G97-/:2]3 .\ ~~-~'~~.-:' ~~.:;:- --~~,-'~~-' \ ... '') .. ... ... ... .. .. ... III .. III .. III .. .. ... .. // " III - COUNCIL DIRECTION )y)r .- 0-15 ~l::tJ 1"" . ,-,', \ I,.. ~Q r.:~cct:o . 'oel 03 /97 ~b: 28PM Dt.,RHAM PLANNltlG i)(FT 1 ':It::l::l ':!t:1..) b'U D IU' r.':"c ... - P.o. Y~INJ)A GASSER BOX 399, ORONO LOB n~lFU;lliU\Y\H\~.\ 1 {j~~. t!.lttJ OC.T . U 6 19YJ lM( MUN.ICIr-MITY l:'lFCtARlNGTOrJ I PlMJtJING UUiARTMtNT - ;r-- - Municipality 0 Cla~ington 40 Tempe~an St. Eowmanvil . Onto L~C 3~6 M)I.~OR AND Af.,L l'IJlMB8R.8 01' CO.!!NCI.L B~ R~PORh ~D-1~O-97 - - I would like ::0 submit tP.B fo~lowing COTl\lnel\t9 regarding t.he abc,'v'~! application. Clarington' e official plan waS appx-oved in 1996 aft~r several yean3 of consula.t:ion wit.h the public. Much time / .!ffort ~nd money \r.rl\~J spent to produce this document which was to provide a bluepri nt f()~r planning in our municipality for the ne:JJ:t twen1::,y years. 'A.ny poersc;f! should be able to look at the plan and identify which areas era appropriate for commerci~l and/or industrial ~ctivity. and thog~ which i6 clearly identified as agricultu~~l and/or reeidencia1. Mr. Halminen ....as present. at many of the meetings and diecuesio~ti; over the years that our Offici~l Plan was being debated. It ie ;-':0 affront to all those who participated in Official plan diBCU~sion~ to have Mr. Halminen come fot:"wa.rd noW' and try co sl ip .:i n ;;;.;-, amendment. to the Official Plan a SC.3nt year af1:er it received !i~.lal approval. Is Mr. Halminen flagr~ntlY scoffing at the poblic procB~~ that took place over Many years. is he 80 conf ident that he car;:;"~ ,. the support of this council any old time ~e feels like l~ reg(:J.rdleSB of the public t.ime and money that he .....astes, or \-:hi?,:'."i Quite frankly, the newspapera did a better job of inform.i.ng .::.: abo\1t this application than our cO\lncill.ore and f:1t.aff did. but th~'r agt1in. imperfect. as tne media may be, t.h~1 ofum do. It seem€i ~.~h<;..,.. according to some people present at the ~et economic developme~~ ~unch meet.ing. and quite contrary to the ~ayor' e Gput.t~ri~~~. prot.eSltations at the September 8th GPA meeting. thcs.t Claringto<.. Thi~ Week/s analysis seems co have been right on the money in ~erms their understanding of the Mayor' B recep~ion to the Liehman propoea.l. :Really. it seetl\9 that the t'lady" doth proteet t.oo muc:;'.'. Mr. !...iGhman has apparently Bt<;l.ted thCl-t once pHople understand \Ai});lL. he wants to do and see hO\>1 environment:ally friendly it i9. C.t!1~i' won't be so again9C this project. Mr. Lishman ~ai16 to unders~encl t.hat. the detZ4ils ot hi3 proposed project. aJ~e quice im~atexi<:1.~-. This proj ect. is inappropriar.e for any lands zoned other ':.ht'.n inciuet.rl~l and/or commercial. I The Liehman' e proposal "a\S said to have hie Borne ,I l";"oadblock9 It i.:1 .. - - r - .. ... - ... ... ,,-...., ... - Tel ~rl ':lilT 9tHtltt\;;1ld ^~~t~nJ " 8"11'(: -g"3'3 -9lf, LS:EO L551/90/01 - .. scugog. What exactly were theBe roadblocks and are they in any way similar to concerns that C.larington residents are now expressing? .. This is not an issue of being for or again6t fur-related businesses. This is not a question of Clarington being perceived of being "anti-bueincs8" if they turn do"-m this applicatiot".. Thi~ is an issue of responsible, sustainable and appropriate development on appropriate~y zoned lands. Industry andamplo~ent at all CbS~8 servea no-one except those few making profits and/or benefitting from same. .. .. There are plenty of industrial and/or commercial lands available .1:1 our municipality. Often. thof;l8 seeking amendments and X"ezonii:1~f~: simply want to c:api talize On specific opporcuni tiee I and t:h.eBl;.~ iBsues simply come down to money. If Coun~il and the Region make an except ion here and let someone apply to rezone agricul tUl'a 1 a.nd/or EP designated landel. what incentive would there be fen' others to irtvest in and/or maintain lands appropriate fo~ induatrial/co~mercial activity? What about al~ those application~ that will r;urely fOl.lo,,", for rezoning their land$ when they see t:lv:~ chanCe to ~ake a buck if you set an inappropriate precedent with this application? till .. .. What exactly does the term .. permanent Agricultural Reserve" mean'~ .. "..... There are concerns with the potential for environmental deg:radatio~'l ae are result of the Lishman project and the other planned proj~(.\t.8 that would surely follow on the rest of this p~rcel of land. SQm~ of this land is. after ~ll. designated EP. Taunt.on Road is already a nightmare to 'travel with all the unexpected stops that one makes whlZn residents along the road pull in and back out of existing driveways. The da~gers of travelling on that: road \..rQuld be exacerbated by having a large I'.l.umb~l.- of employees. suppliers and others turning in~o that property. Those tr&velling e:astbound who are going up a hill and who might then havQ to stop suddenly With little chance of reacting to stopped care making left turns onto the property jumt b~low the hill? This ia surely dangerous a~ any time but more60 in wintar or when it's foggy and/or when reads are wet. .. ., III ... ." Aleo, I have rarely seen better placed signe (read: nicely obscureo from public vie~) than those posted regarding this project on the 7th concession. ... -. 1\8 an area reeident.. I can confirm th~t. airplane activity hae greatly incre~Bed in the are in the last year in particular. There Was no great comfort in the fact that councillor Dreslinski. Chair~an of the Ganaraeka Region Coneervati~n Authority, wae characterized by Clarington This Weak ae hshe tend~ to land On the side af development during debate on t.he iS9uesl1. She is alsc. .. ... .. .. .. (;0 39t1d "8NI 9NINN\;11d ^3NNnl 89t>(;-999-906 L9:E0 L661/90/01 ... / " .II - SE.P, .150<:9"03";97 r?;:3:'29PM DURHAM PU:<NNING DCPT 1 ':l~:::l ,=,t;l.> t:>...g 'V' r . ::J~ ':j - - 3 ~, - Vie~-chair of the Regional Planning Committee. 16 this person r~ally able to represent Clnd protect the public interest? - This is an issue of principle. IBsuea of principle arc: i:llwaYfi difficult for elected officia18 and it is unfortunate that this application comes jUBt prior to an election. The campaign pe~iod sadly seems to be a t.ime when aome incumbents Seem to throw caution and and what few p!:"incipleG t.hey may have retained to the wind. It is particularly unfortunate chat in general developers are disproportionately large contributors of campaign funda, particularly to ~he campaigns of incumbents. - - Do not for one moment think that this isaue i~ of concern only to those directly involved in this application. This i9 .:i textboclk election issue. one then: ra~ses debates about an account.able !':yet0\1'1 of gove~nment' is all about, - For those three Councillors no~ seeking re-election, chis is ~n unique opportunity to help protect the vision of this Municipalicy which you and your cOr1stituenta h121ped sha-pe in the agreed upon official };llano Plea6e vote agair.st this application ac. al_1 possible opportunities and leave a leg<1C:Y to your municipality and region that you Can be proud of. - - I~ I have just learned that this issue will bEl discussed c.~ the Regional Pldnning Com~ittee on tuesday, September 16/97. I would appreciate receiving all relevant informaticln concerning chi6 application, including all staff and relevant agency reportS (both regional and municipal). -"'.8 'Ilell, I wish to be informed about any and all opportunities to epeak to thi~ issue both in clarington ~nd at th~ Region. .. ~ 4:'-- 1_____..___ .-------..-----:! " DISTRL3UTION - " - ee: Frank Wu- planning Dept. - Chairman, Durham Region Planning Committee - - ".,...... - ... EO 3')tfd ':)tH 9tHNt-l'i;lld ,,3",""'11 tl9vl-99'3-S0G LS:EO L661/90/01 - - - - - - - - - - .. - - - - - - - - - COUNCIL DIRECTION IllJ1iltIBITW1R11) D-16 OCT lJ G 1997 September 19, 1997 '~J~!JNIGli)AllTV 0F CL ARINGTON ~JIAYGf{:i uFFlCE. Mayor Diane Hamre Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 AGENDA y our Worship & Members of Council: Toastmasters is an international, non-profit organization devoted to helping people develop their communication and leadership skills. The Toastmasters Club provides practical experience in conducting business meetings and preparing and delivering speeches in a friendly and cooperative atmosphere. Toastmasters come from all walks oflife, helping each other to achieve confidence in public speaking. In November, 1997, we at Bowmanville Toastmasters will be celebrating our 10th Anniversary. This is a very important occasion for the Club and its members. We would like to involve the community in this celebration and feel that one way of doing so would be to have the week of our anniversary proclaimed as BOWMANVllLE TOASTMASTERS WEEK. We hereby submit our request that the Mayor and Council proclaim, the week November 2 - 8, BOWMANVILLE TOASTMASTERS WEEK in the Municipality of Clarington. If you require any additional information, please contact me at 905-623-2243. Yours truly, - -----.-----------.---- ~ &.; :v;7~~ }Zt~& /__ C~nnie Nelso~ President Bowmanville Toastmasters Club 16 Flett Street Bowmanville, Ontario L 1 C 2K2 : DISTRIBUTION ~ ~'J.t" ~ L. ~.." " m /~ ",' ~" Demse Marek, Sec etary: "\,,', ,",C : . ,.....; -'. " ". ";-11 Bowmanville Toastmast~s.;Clti~:"\~ _.Il.: . .''--, ("-( (". ,.'1 90 Stagemaster Crescenti~,L.~2_.. l'_ . _ Courtice, Ontario LIE 2X4...=.~~~=~j,.--~ , '~ '.~_-~-=:..~.~:'-=.~~.-.. !i : -.....------- .._~; ,- . ~ <=_-.=-~=_=__L 1- l . - ::. :.:::::..:::-::~~:-:'~~---. ,", .. COUNCIL DIRECTION D-17 - . ,',1 iL": t!f.' IM.\~ A ~ . 11 Ill.. !1 lj .; t~ ~...~ ... ,.... ~::J..,~ . 10/0 1/97 .. Rhonda Hooper RR 2 Orono LOB IMO 983 5395 lllmccrnnw)~Th) OCT 0 7 1991 .. ... Mayor and all Members of Council 40 Temperance St. Bowmanville ~"'JN~(;IPALlTY OF ClARINUiO~ MAYOR'S OFFICE Re: File # OPA 97-020 - Mayor and all Members of Council - I'm writing to voice my concerns about the Lishman proposal and the rezoning it involves. I hope some readers will listen. I was at the council meeting several weeks ago and only a few seemed interested in our concerns. - - The Municipality's Official Plan took considerable time to develop and zoned this area permanent agricultural. Wasn't the reason for zoning it permanent Agricultural to preserve the rural lands? Now a short time later they (Council) are considering a rezoning application by a wealthy fast talking business man. If they give into him, it will open doors for all sorts of development i.e. subdivisions. If they change the zoning for Mr. Lishman they have to change it for the next wealthy business man who wants to encroach on agricultural lands. As the mayor stated at the council meeting all applicants will be treated equally. If that's the case there soon won't be any agricultural land to protect. It seems the old saying" Money Talks" is coming into play. It is irrelevant what type of work is done in the factory, facility or what ever Mr. Lishman wants it called, the end result is the same - the end of quiet country life. We moved to the country because we wanted the' country life' . If we wanted to live in or beside subdivisions or factories we could have bought in a to\\l1 or city. - .. - ... - - -----,._-------~----_._---- I DISTRIBUTION l CLERK____ - Thank you. Rhonda Hooper RR 2 Orono - : ~.CK. 8'( _~.... _~__ , j "'1 to. ~:I I ORlb!I..\!. 11._ - ~:=~s ---..--...---- i ,'rlp'l-t";' .' I. I \.IV ...; . \,1. " i...------.,-.--~--.-r~-.---l I ~--_. ......d... I --"- -,- 1 i I ' i===-~~=:[-- ~ i ._._........._.......... I . , ; ~ . I t~_~=_.:-_-~~_~- ~~.~.-.._.:.; ~=~-~~ \.--- ,.,"'--'- ...- ...\--.--- : --:cocr.QP1F'..17:tZ_:} 0 ~_..'- . . -..._-............_..-....._~..... . '.,,- ~ ~"- ... - - - - - 8B - .. .. - .. .. .. .. .. .. - .. .. .. .. - - COUNCIL DIRECTION D-18 ~utMk Z)~ BOWMANVILLE BUSINESS CENTRE P.O. BOX 365 BOWMANVILLE, ONT. L1C 3L1 1997 10 08 AGENDA Mayor Diane Hamre and Council Municipality of Clarington 40 Temperance Street North Bowmanville, Ontario L1C 3A6 Dear Mayor Hamre As a follow-up to our recent Customer Attitudes Toward Downtown Bowmanville Survey, prepared by Collis & Reed Research this past summer, a further survey is planned for the Apple Festival and Craft Sale, on Saturday, October 18. <<:::) ~ -4 co This survey will act as a counter-point to the data collected previously, as a great number of people attend this event, not only from the immediate area, but from allover the Golden Horse Shoe. U1 f-I ==- ::z:: .. c.o --.I This survey, which will cost $2,500, will be done by Collis & Reed Research, and will, hopefully, be paid for from the funds provided by the West- End Developers' for market studies. As a result, we would formally request approval be given to permit the $2,500 to be paid from this fund. that reqUireOi-=l~~~-mY"~----U"-'TtUO--N '-'l- I ..- '-. . f ' , ; :~~R:'f ~A L~~:)~~;:'~;; r'~~-7~ : ,~. ....: ~ i ~.,: ;, l~' 1 !diJ.tUiwJJ'- j.~-~~~~'~~'j . .; !.. ..' . ..... n' --1-----....--; '__ _.. ,_ .__ _ ._~~.~_ __.....~..J . : j ;--"--~"----i , .~----~....__.~ Yours very truly ~4~ Garth Gilpin Secretary-Treasurer and General Manager . . i ~-- ---- ---- --..-----...~-~-_.~-.---1 , ,----- .- ....-----..,-...----............4 - ......_~-_.~ rdp:._..F:.;:~_: .. COUNCIL DIRECTION ..-'. <.-It.(/('~'n~l"f\~,T\ \'~"'~'\ 'I t,? ! r. , , -~, 'I "', I ' ~', , ,{t l... :,. , (11.,).., \ '( \ '1.... I ~~ l " '1' 1'1 '.'" '...'" .. . ....'..s : ;';' 1 '" I ;......... ......~. ., ~~~. .~ D-19 - - Shirley A. Johnson King St. E. Bowmanville ON OCT 0 7 10~17 1 % 1/97 ':'/ll..;;\;i\-~~P/li. ',1';" i:;;: C:../\hH,iC:; \"~Al 1";1:-\ {SF, 'S llt f ICi~ .. Mayor and all Members of Council 40 Temperance St. Bowmanville """r.~N.f1DA ....J, f" I'~:. ~"" 1(,.' t~..$; .~. . ~"')~ II- - Re: File # OP A 97-020 .. Mayor and all Members of Council - In regards to the Lishman proposal. I feel very strongly against it. My husband, myself and my children lived on the property right behind the property they want to build the factory on for twenty five years. Our daughter and her husband now own our home place and have lived there for eight years. We used to walk down beside the creek that flowed through our property and into the Wilmont Creek and see the beavers at work in the ponds. the deer would come to our pasture to the horses' salt lick and hear and see the foxes and watch the wild birds that are too numerous to name. .. .. .. What I would like to know is, what is going to happen to all this beautiful wildlife and the small tributary of the Wilmont Creek if this proposal goes through? .. Thank you Shirley A.Johnson .~c(~ - - - l--D-i5T.RI8U-~-IO~-. -'\ Clf~RI~ __-...--~ : , . I\C~.. BY ---.n-:-:-----.\ I ORI.GIN0~~~~~ "OIJIP:; '11'.~~ I \J '...... 'i. -----..-.., -1 - - j . -..-, ... - ..-...i -;, , I . , \~~.~:.,~~~~~.'.~~,\~~.__._~ ~ I t L .__ " . -. ;,-.-.----- r-'---' ... , ~ 1----. '.---' . .-' '.' '~J~-=--- r---'-"-'" - ! ,_-..-......--.....- . -..,---.---1 ( I ~ 1--...---"-;:" j)-Li-:-aT a. () ': Eyo q 'L!F:.'I7:. .J7?-:-< ; - .. - - - .. - - - .. - COUNCIL DIRECTION _____.___.___ \-r)_-'-Sl~Pl . UTION ! '...~ ':n!1 ______ I I.: L(\l\.._ ,-,~ I .' . 1 !,\,'"\l' 0" ( i.4,\..t" l:( ~ D-20 October 8, 1997, i '" C' \ ..' ,"1 ,. I i ;Jj(, :.it",. .,_.:.-,..:..-..-------4 \'oEL", i ",r :~-~~j ~,- _.........H_ ." \ t .9 _ ~._~ ___ _ ~ _.' ___ ~ _.,_w.__~j The Municipality of Clarington, 40 Temperance St., Bowmanville, Ontario,LIC 3A6 .....-- ,,~'_"-'.' i j_.._. .~. _ L ~ ". .-- --.__.~ ! _'" _. " - .n__\ . - _._.~..-_.......! Attention; Mayor and Municipal Council I . ~........~, .'"4"- "---"':~1-,' (- ("..... .- .~=t=~;~1 s-v ;~.~: ::.D {l-{ ry/j:r2~:::r;r;;c.' RE; ZONING AND SITE PLAN APPLICATION _ APPLICANT; ALAN BERK ON BEHALF OF W.E.ROTH CONSTRUCTION LTD. PART LOT 28, CONCESSION 2,FORMER TOWNSIDP OF DARLINGTON FILES; DEV.94-054 (REVISED) (X-REF.; OPA 94-007/D- REVISED) - - - - - - - - - - - ... Dear Mayor/Council; As a resident whose property borders on this VAST area of contention that proposes a zoning change to accomodate an unneeded Gas-Bar, I oppose this strenuously. With other land in the vicinity already zoned for commercial use why should more be allowed? lsee the only motovation for the developer is profit and not concern for the wellbeing of the residents. An analogy of this proposal for a Gas-Bar would be to require a football field to hold a tennis balL The residents of the area, new and old, are here to enjoy a quiet rural lifestyle. Not to be intruded upon by overcommercialization. Traffic problems would be compounded because of the location, and with other designated areas available for this type of commercial use there seems to be no reason that it should be allowed. I urge you to deny the subject application, considering these and other stated reasons in past oppositions. Sincerely, William & Evelyn Reid 1776 Bloor St., Courtice, Ont. LlE:V~ccA~ br Q, ~'d .,1 , < - - - - - .. ... - ... .. COUNCIL DIRECTION 0-21 LINDA GASSER P .0. BOX 399, ORONO 'octOr ~~~ ~M '91 DELIVERED BY HAND October 7, 1997. Municipality of Clarington 40 Temperance St. Bowmanville, Onto L1C 3A6 ATTENTION: MAYOR AND ALL MEMBERS OF COUNCIL/PLEASE INCLUDE IN PUBLIC AGENDA RE: LISHMAN PROPOSAL/PD-llO-97 Attached please find a copy of a letter to the Editor Bill Lishman wrote to the Scugog Citizen March 19, 1996, explaining why he "pulled the plug" and withdrew his application for a comprehensive development in Nestleton. I had attached his letter to my own letter to the Editor because Mr. Lishman and the Mayor have lamented that if the public really understood what he and his proposal were all about, any concerns we could possibly have about would be alleviated, and I wanted to do my part to help the public understand. I could not find his ,letter in either the Regional or Municipal Planning files, so I am passing this on to you because I thought _ you might enjoy reading what your applicant had to say about his last go-round with the system in which you are such key players. ... ... ... ... - - - .. Encl. cc: Durham Regional Chairman and all Regional Chair, Regional Planning Committee Frank Wu, Planning Dept. I ". ----~--- i_~," ~ -.-.':'-_':'.-:-':-:~;=-:~-:7__ . LINDA GASSER P.O. BOX 399, ORONO, ONT. LOB 1MO TEL: (905) 983 - 5249 FAX: (905) 983 - 6416 LETTER TO THE EDITOR: I have read with interest the many letters sent to the editors of Clarington's newspapers about the Lishman proposal. I have also attended the two public meetings on the subject; one at the Municipality and one at the Region. Responding to concerns expressed by residents about future developments as a result of and/or associated with the Lishman proposal, our Mayor and several councillors, both at the Municipal and Regional public meetings, stated that the Lishman application was dealing only with the fur garment manufacturing facility. Anyone who actually read the relevant Planning and Clerk's file at the Municipal offices would have seen the following statements on Page 2 of the application document, prepared by Tunney Planning Inc. July 1997: "the lands subject of these applications are the first phase of what is intended to be a comprehensive redevelopment of the entire holdings of Hannu T. Halminen in Trust. These lands will be the subject of future applications.. .for an Airpark consisting of a small scale residential community associated with the existing air strip". Those Councillors who have not yet read the application and supplementary documents may wish to do so at the earliest possible opportunity, preferably prior to voting on the issue, because municipal staff have been instructed that "the applicant has an ambitious time-frame for the approval process" (Internal Memo dated July 29, 1997/Planning File). Ambition is to be admired at times, but a ruthless disregard for due process is to be challenged at every opportunity. Candidates running in the upcoming municipal election and all interested parties should make themselves familiar with this important issue, because the devil is in the details. More information can be found in the files at Durham Region Planning Department with respect to this application, with a separate file on a Lishman project in Scugog Township that did not proceed. Mr. Lishman wrote a letter to the editor of the Scugog Citizen after withdrawing his applicaton for his comprehensive development proposal in Scugog. While I hope that the newspapers re-print this letter in the interest of public education on what could be a precedent-setting application in Clarington, should they not be able to do so I trust they will make it available to those interested in reading this very revealing document. Yours sincere y, Linda .. .. ... .. .. ." .. ... .. .. .. ... ... ... - .. .. .. .. ... ... ... Encl.Letter from Bill Lishman to Scugog Citizen dated March 19/96 cc: Mayor and All Members of Council, Clarington Durham Regional Chairman and all Regional Councillors Chair, Regional Planning Committee .... ... ... - ... - ... ... - ... .... ... - ... ... .. I ) ~ ~ .. '" .. r: ~ ~ ~ ~ ^ ~lli ;. .~ ~ l ...: ;li L ~ r:: t ;. ~ : :* J. l ~ ~ : ~ , ~ (Jj ~ ~ &-.- ~ ~ ~ .... c: Q) E Q. S ~ .~ 1m .c: c: a t1:J ~ i.! -= ~ .... Q. ~ !-e 1. ;Ii CIj .5 5 ~ Q) c (ij E ..c::: .!! ... .. .. i!l'" 0 ...,....l.: 'S>'I: '~<>Il -.....>....- ....~..:::Il c:;; 'a...O~..:IlO'';j!l::::....~.... i,.o I "'0 ~ C:..E > Oil 1:: ... 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C ~ ~ 41 +I ~ '0 3.~ -e J! - :! .;::: CIS ~ bO_.S ~ "Zi.:! c; 0'0 c t.c as e > ::1 II :s >. Q.e.cc~ISCIS:;_Ce::J....:.at.l CQo~Elt.l..c:E~....,. G -_:!-~O._~lUCU~lU~~_..c..c_ -~~lU ~i~~A~O.C~~Z~.~~A~OlU"'dbOclU~.~.g .. ~ ~ ::.:; -5 :: ~ ~ , ~ ~ E cG .: ~ ~ g bOg ~ '; M ; ~ ~ III ~ := .:; ~ : 'i ;; ~ a ~ s ~ ~ 1: ~]:a.c ~ u ~,.g 8 >..~ .. ~ =a ii. Fl..c !;;, ,:: {; S .c 3 s ~.E'~ fl "tl .. ~ -: ::: ~ ... ~ E ,:: {; 'sa c.:.I ~ ~ - ~ cu ..... c: ...... - .._ ~ +I -0 0 _ 0 lU ... _~ -~..,~5..$...~.~fE::s~>...~......5E~ ..c fEc~ .".... .~~_~O--"'dc--c ~....~ ... g: .. .!...r::'E . 3..8 P. 'E .5 ..!! ~ .~ ~ g -g - '2 ~ ~;s ~:a J P. o ~_u"8..11 Q,::S lI...ull::SI:OSiilfl_"3::S" 1:-':>< ~; ~ bQt.s,s- ~tf ;'~-~;E ~ ~ ~1Il8-z Ep:l g .. ... ... . IlIIII till -lip ......, - - - - - - - - - - - - - .. - - - - COUNCIL DIRECTION D-22 P.o. LINDA GASSER BOX 399, ORONO LOB lMO ';OCl B 9 l42 AM '91 DELIVERED BY HAND October 6, 1997. Municipality of Clarington 40 Temperance St. Bowmanville, Onto LIC 3A6 ATTENTION: MAYOR AND ALL MEMBERS OF COUNCIL/PLEASE INCLUDE IN PUBLIC AGENDA RE: COMMUNICATING WITH THE MUNICIPALITY Two years ago, I was informed that letters addressed to the attention of "Mayor and all members of Council" would be included in the public agenda for council meetings under the sections llReceive for Information or Direction". This agenda binder provides the opportunity for the public to view information on a large number of issues and to see how their fellow residents feel about some of them. It is also one of the vehicles to get issues discussed and dealt with at Council. It is imperative that the public know how mail, faxes, and couriered deliveries should be addressed so that the communications will be seen by the appropriate person(s) and that these will have the desired impact, i.e. informing Council, staff, the public at large, the media, etc.. I would like clarification in writing detailing how correspondence should be addressed if the writer wishes it to be part of the public agenda. How should faxes be addressed and what are the fax numbers for the various departments? Do you receive communications via e-mail and what is your e-mail address? What are the formats that determine whether an item is "Receive for Information or Direction". Do staff have guidelines/policies as regards answering communications that raise questions, and within what timeframe can the writer expect a reply? Your 1995/96/97 Municipal Directory does not list the relevant fax numbers and e-mail address. How often do you update this Directory? Fax machines have been around for over ten years and are an accepted mode of communication in the business world. I faxed a letter dated Sept. 12/97 to the Municipality on Sept. 15/97 questioning some aspects of the Lishman proposal, fully expecting that it would be included in the public agenda for the Sept. 29/97 Council meeting. I assumed that it would be a "Receive for Direction" item since there were questions to which I was requesting answers. Upon receiving a copy of the agenda cover .. sheets for that meeting, I noticed that it was not included in either the communications for information or direction nor have I received a reply to date. .. Councillor Pingle brought to my attention the fact that for some reason, your fax printer repeated certain paragraphs of my letter and that the document became somewhat awkward to read because some pages were printed on longer paper than others. It is standard practice in the business world to notify senders of faxes if there have been difficulties in transmission, and to request the sender to either re-send the document and/or to mail/deliver the original. Have you considered such a directive to your staff? .. lflii .. Acopy of this letter was faxed to Durham Region Planning on the same day and I received a reply over two weeks ago. Perhaps Council would consider contacting Mayor Parrish and the C.A.O. at the Town of Ajax to discuss possible approaches to efficiency and accountability. Please find attached a recent article that appeared in the Toronto Star describing their achievements and commitment to efficiency and systems of accountability. .. .. I look forward to receiving the above-requested information and urge you to develop policies that would ensure the public is updated at regular intervals with respect to communication issues. ... .. Thank you. Yours sincerely, ." .. Encl. 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G.so~~lOl~m~Zot~:a~ ~~~-s ~Ijl.ti ~~l~J~li~:~~~~.~~~ r! a .. o.'tS 0.1: aa ~i -r! ... 8] 4<" ..:r-. . . - ~~ ,8''tS '2 &Iii ~~c5l ::.<!:"- - - .. .. - - - - - .. .. .. .. - .. .. .. .. - - - COUNCIL DIRECTION D-23 The Municipality of Clarington 40 Temperance St., Bowmanville, Ontario. LIC 3A6. October 8, 1997 Attention~ Mayor and Municipal Council Subject~Rezoning and site plan Application Applicant~ Alan Berk on behalf ofW.E. Roth Construction Ltd. Part Lot 28, Concession 2, Fonner Township of Darlington Files: Dev 94-054 (Revised) (X- Ref. OP A 94-007/D- Revised) We are again opposing the proposal to rezone the very large block of land (approximately three and one-half acres, far greater than any gas -bar would require) at the north-east comer of Courtice Road and Bloor St. which would allow for commercial use as a gas-bar.We, as residents of the area, realise that such a development does not better the way of life for ourselves or our children. With land already designated for this type of commercial use available at Baseline Road and 401 highway, and along highway #2 there is certainly no need for. additional commercial expansion in our residential and agricultural area. We are quite happy to co-exist with the fanning community that reflects the rural setting that most communities would ~nvy. The church at this same comer, with a history that dates back to the American Civil War, should not be desicrated by an unwanted and unneeded gas station. . The land in question has an extremely high water shed and a septic tank to service commercial needs would cause water problems. There is no water service to this land all of which the owner knew when the land was purchased. The applicants proposal is only the thin edge of a wedge to convert our rural and residential area into even more commercial uses. With land designated for commercial use along highway #2 and also at the base of Courtice Rd. and Baseline Rd. near highway 401, there is certainly no need to change zoning to allow even more commercialization. A gas-bar at the proposed location is not appropriate and serves only to reflect negatively on our lives. As residents of the area we re~ectf!illy.p~titioyouto deny the subject application and proposal \OIS~UT10N ' \ {'of ~R~, ~ . ...._--- ! J__ .. . : t,i2h. CV ~ i 'RI/':~"1 "\.. ~u I l:r.,' J'~ '\ .'- _ \:C~{.j'____ -:~_~_=_ incerely, !_'1qC . ,.-.-- I i 1.--'--'---- ..- -.\--.----.-~l I " ~~;::.-.~.:~:.:I;~ ::-1 r-- - i I I-----.-.-----~.-t--~~ ~~ '. ~:uI7{.~lJiiJ--:fl~.t2:s/ , .t/ {;~ ./ t. t:I...tC ~C~ Area resident .. r', ", ""- I .. .. .. .. .. .. .. .. .. .. .. - .. .. .. - .. .. COUNCIL DIRECTION D-24 Renita Vanderkooi 124 Cove Road Bowmanville, Ontario llC 3K3 September 26, 1997 Mayor Diane Hamre 40 Temperance Street Bowmanville, Ontario llC 3A6 Dear Mrs. Hamre: RE: Purchase of and Re-construction of Cove Road, Bowmanville We would like to bring to your attention some concerns we have regarding the above: Our Trees - The trees lining Cove Road are truly a landmark to this area. Our concern is that they will be destroyed or damaged during construction of the road. How many trees will be cut down and will these be replaced wi th adequate large calliper trees? We think a great deal of damage will be done to the roots of the trees during the digging process. How deep \vill the road have to be dug down to be resurfaced, for an apparent gas line and water line? Gas line/ Water line - Originally the road was to be resurfaced to adequately handle the new amount of traffic. Now we hear that gas and water lines may be going in. The majority of people on Cove Road are happy with their wells. We just paid $2500.00 for ours last year. We understand that if there are 51% of households in favour of a water line, we will have no choice but to pay as well. This is ludicrous. 'This Whole road re-construction process is due to Blue Circle's intention to quarry the marsh and Waverly Road. If those on Cedar Crest Beach fear for their wells because of Blue Circle's intentions, should this company not be responsible for covering the costs of a water line? I realize they are a large tax payer in this cOlffilunity but we all are as well. Traffic - We now live on a dead end road. Our traffic volume will increase drastically. What will the speed limit be and will this be enforced? You would not believe the cars that fly down this road now, even though it is bumpy and full of pot holes. We fear that once the surface is smooth and it is no longer a dead end, this situation will be even worse for children, bikers and pedestrians. . . ./2 " ( \ Mayor Diane Hamre - 2 - RE: Cove Road .. Buses - There are currently a number of children that wait for their buses at the corner of West Beach and Cove Roads. ... How will their safety be effected once the traffic triples in volume? ... Will there be some adequate turn-arounds for these buses at different points in the road? ." We appreciate the opportunity to voice our concerns to you and thank you in advance for considering them in your decision making. ... Si91er:1Y, #'. / / lfiul;fc{ a/ta. t/adLt1 tPt L ~ U~t/U~' Renita Vanderkooi Doug Vanderkooi .. .. c.c. All Council Members .. ... .. ... ... .. ... .. .. .. .Ii " .. .. .. .. - "".,,",. _CJ!a;i';'g";;n ONTARIO REPORT #1 REPORT TO COUNCIL MEETING OF OCTOBER 14, 1997 .. SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 6, 1997 - RECOMMENDATIONS: .. - .. 1. RECEIVE FOR INFORMATION a) Glenview Neighbourhood Design Plan Report PD-139-97 b) Report WD-62-97 Official Park Openings - Avondale and Westside Parks 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION .. .. .. .. - .. .. - - - a) Report TR-89-97 Defibri Ilators b) Tender CL97-23 - Sidewalk Replacement Duke Street, Bowmanville; Sidewalk Replacement and Extension - Centre Street, Orono Report TR-93-97 c) Report WD-63-97 Extension of Oshawa Transit Commission Bus Service to Courtice 3. REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION (PHASE II) - THE KAlTlIN GROUP LTD. THAT Report PD-140-97 be tabled to the Council meeting scheduled for October 14, 1997. CORPORATION OF TH~ ~U~I~I~A.L.I!~. ~F,^~~.A_f!I,N9.-":<.?N '" v'" . d ^ @ .. ... Report # 1 - 2 - October 14, 1997 ." CLARINGTON OFFICIAL PLAN AND REZONING AMENDMENTS - RIDGE PINE PARK INC. ... 4. THAT Report PD-134-97 be received; ." THAT the applications to amend the Durham Regional Official Plan, the Clarington Official Plan and the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Roger Howard on behalf of Ridge Pine Park Inc. be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and .. III THAT the Durham Region Planning Department, all interested parties listed in Report PD-134-97 and any delegation be advised of Council's decision. .. 5. PROPOSED AMENDMENT TO CLARINGTON OFFICIAL PLAN - MINERAL AGGREGATES RESOURCES .. THAT Report PD-135-97 be received; .. THAT the proposed amendment to the Clarington Official Plan regarding mineral aggregate resources be referred back to Staff for further processing and the preparation of a subsequent report taking into consideration the presentation made ... by Katherine Guselle, President of S.A.G.A.; and THAT all interested parties listed in Report PD-135-97 and any delegation be III advised of Council's decision. 6. REMOVAL OF PART LOT CONTROL - VELTRI AND SON LIMITED .. THAT Report PD-136-97 be received; III THAT the request submitted by Veltri and Son Limited for the removal of Part Lot Control with respect to Lots 1 to 19, all inclusive in Plan 40M-1886 be approved; .. THAT the Part Lot Control By-Law attached to Report PD-136-97 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and IIIIIiI THAT all interested parties listed in Report PD-136-97 and any delegation be advised of Council's decision. .. .. .. .. ... Report #1 - 3 - October 14, 1997 .. - REZONING APPLICATION PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON SEPARATE SCHOOL BOARD 7. THAT Report PD-137-97 be received; ... ... THAT the application for removal of the "Holding (H)" symbol submitted by the Peterborough Victoria Northumberland Clarington Separate School Board be approved as per the by-law attached to Report PD-137-97; - THAT the amending By-law attached to Report PD-137-97 be forwarded to Council for approval; - THAT a copy of Report PD-137-97 and the amending by-law be forwarded to the Region of Durham Planning Department; and .. THAT all interested parties listed in Report PD-137-97 and any delegation be advised of Council's decision. 8. QUANTUM HOMES (1988) LIMITED ... THAT Report PD-138-97 be received for information; and - THAT all interested parties listed in Report PD-138-97 and any delegation be advised of Council's decision. - 9. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADIUSTMENT - THAT Report PD-141-97 be..received; .. THAT Council concur with the decisions of the Committee of Adjustment made on September 18, 1997; and ... THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. 10. REMOVAL OF HOLDING - CHARLES AND lANE ROWE ... THAT Report PD-142-97 be received; - THAT the rezoning application submitted by D.G. Biddle on behalf of Jane and Charles Rowe requesting the removal of the Holding (H) Symbol from the zoning for Lots 1 to 10 all inclusive on Plan 18T-96002 be approved; - - ... Report # 1 - 4 - lIIIIli October 14, 1997 .. THAT the Amendment to Zoning By-law 84-63 attached to Report PD-142-97 be approved; and .. THAT all interested parties listed in Report PD-142-97 and any delegation be advised of Council's decision. ." 11. REPEAL OF BY-LAW - PARKING ENFORCEMENT OFFICER .. THAT Report CD-43-97 be received; and THAT the by-law attached to Report CD-43-97 be approved. III 12. RESOLUTION IN RESPONSE TO CITY OF TORONTO RECOMMENDATION RE: SOCIAL ASSISTANCE AND HOUSING COSTS ... THAT Report TR-76-97 be received; lIIIIli THAT the Province be requested to confirm its funding commitment to provincially mandated programs such as Social Assistance an Social Housing; tlIIIi THAT the Province be notified that the Municipality of Clarington is concerned that the dominant representation on the GTSB of the City of Toronto will not provide the opportunity for issues such as cost apportionment to be considered impartially; llIIli THAT the Municipality of Clarington objects to the City of Toronto responding to Provincial downloading by recommending a transfer of the funding responsibility for Social Assistance and Social Housing to the GTSB for financial contributions from Municipalities which have no influence on the GTSB; - .... THAT a copy of Report TR-76-97 and recommendations be circulated to the area Municipalities of the Region of Durham requesting their endorsement; and .. - .. till lIlIiI IlIll1I ... ... Report #1 - 5 - October 14, 1997 .. - THAT a copy of this Resolution be forwarded to the Minister of Municipal Affairs and Housing, to the Minister's special advisor on the Greater Toronto Area Services Board. ... 13. LEASE AGREEMENT - 247 KING STREET EAST - NEWCASTLE THAT Report TR-88-97 be received; - - THAT the by-law marked Schedule "A" attached to Report TR-88-97 be passed, authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller; and THAT Claude Miller be advised of Council's decision. .. 14. TENDER CL97-17, 1998 CREW CAB PICK UP - THAT Report TR-91-97 be received; ... THAT Ontario Motor Sales, Oshawa, Ontario, with a total bid in the amount of $31,308.75 (including taxes), being the lowest responsible bidder meeting all . terms, conditions and specifications of Tender CL97-17, be awarded the contract to supply one (1) only 1998 Crew Cab Pick Up, as required by the Municipality of Clarington Department of Public Works; and .. - THAT the funds expended be provided from Self Insured Losses Account #2900-00002-0000. _ 15. CONFIDENTIAL REPORT TR-92-97 .. THAT the recommendations contained in Confidential Report TR-92-97 pertaining to a property matter, be approved. 16. APPLICATION TO STOP-UP, CLOSE AND AUTHORIZE THE SALE OF .. PORTIONS OF THE ROAD ALLOWANCE OF WAVERLY ROAD THAT Report WD-64-97 be received; ... - THAT, further to the recommendations approved in Reports ADMIN-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: - - .. Report # 1 - 6 - , IIIfiI October 14,1997 IIIfiI 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.; ." i i i) to assume and dedicate the proposed portion of the Blue Circle haul road and its extension as a temporary public highway; and .. THA Tthe interested parties listed in Report WD-64-97 and the delegations be advised of Council's decision. III 17. GTSB/GTA OPTIONS FOR THE MUNICIPALITY OF CLARINGTON .. THAT Report ADMIN-41-97 be received; THAT the Municipality of Clarington endorse the Rural Mayors' recommendation requesting a three year grace period from the time the legislation is passed to opt out of the GTA and the Greater Toronto Services Board (GTSB); and III .. THAT a copy of Report ADMIN-41-97 be forwarded to the Minister of Municipal Affairs and Housing, AI Leach, all M.P.P.'s in the '905' area, the Townships of Scugog, Uxbridge and Brock, the Peterborough County Board of Education and the Northumberland and Clarington Board of Education and the Peterborough Victoria Northumberland Clarington Roman Catholic Separate School Board. .. III 18. BOWMANVILLE LIONS CENTRE THAT Report ADMIN-43-97 be received; ... THAT funds for the purchase and renovations be derived from the Impact Escrow Fund 5001-50-X; and III THAT the by-law attached to Report ADMIN-43-97 marked Attachment No.1 be approved authorizing the Mayor and Clerk to execute the necessary agreement. .. 19. AGREEMENT - OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING AND THE CLARINGTON PROJECT - "YOUTH CENTRE" .. THAT Report ADMIN-44-97 be received; .. THAT By-laws 97-169 and 97-113 be repealed; and .. .. .. .. Report # 1 - 7 - October 14, 1997 - .. THAT the by-laws attached to Report ADMIN-44-97 be approved authorizing the Mayor and Clerk to execute the necessary agreements. 20. OUTSTANDING ISSUES - THAT Report ADMIN-45-97 be received for information, as amended. - 21. CONFIDENTIAL REPORT ADMIN-46-97 THAT the recommendations contained in Confidential Report ADMIN-46-97 .. pertaining to a property matter be approved. 22. DELEGATION - L. LAMBIER .. THAT the delegation of Mr. Lucien Lambier be acknowledged; .. THAT the petition of persons requesting the painting of a centre line from Hwy. 115/35 to County Road 18 be referred to the Director of Public Works; and .. THAT Mr. Lucien Lambier be advised of Council's decision. 23. APPROVAL OF ACTIONS TAKEN DURING THE "CLOSED" MEETING .. THAT the actions taken during the "closed" meeting be approved. .. .. .. .. - - - - - - THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee October 6, 1997 - Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, October 6, 1997 at 9:30 a.m., in the Council Chambers - ROLL CALL .; - Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle - - Absent: Councillor D. Scott Also Present: Chief Administrative Officer, W. Stockwell Manager of Engineering, Public Works, T. Cannella (11 :25 a.m. - 1 :30 p.m.) Fire Chief, M. Creighton Director of Community Services, J. Caruana Solicitor, D. Hefferon (Attended at 2:45 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Deputy Clerk, M. Knight - - - Mayor Hamre chaired this portion of the meeting. - DECLARATIONS OF INTEREST - Councillor Elliott advised that he would be making a declaration of interest with respect to Report ADMIN-43-97. MINUTES - Resolution #GPA-533-97 Moved by Councillor Hannah, seconded by Councillor Pingle - THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on September 22, 1997, be approved. - "CARRIED" - DELEGA TIONS (a) Lucien Lambier, 4464 Concession Road 6, Kendal, LOA lEO - submitted a petition containing approximately 108 signatures of persons requesting the Municipality to paint a centre line from Hwy. 115/35 to County Road 18 before the fall of 1997. - - - G.P.& A. Minutes DELEGATIONS CONT'D. (b) .. - 2 - October 6, 1997 .. III Lloyd Stephenson, 106 King Street East, Newcastle, L1 B 1 H5 - requested that he be allowed to speak later in the meeting. Resolution #GPA-534-97 .. Moved by Councillor Pingle, seconded by Councillor Hannah III THAT Mr. Stephenson be allowed to speak later in the meeting. .. "CARRIED" (c) Randy Jeffrey, Birchdale Investments, 1420 King Street East, Oshawa, L 1 G 4W5 - was called but was not present. ... (d) Brenton Rickard, 507 Mill Street South, Newcastle, L 1 B 1 C2 - re: Report PD- 140-97 - appeared on behalf of the Newcastle Ratepayers Association and circulated a copy of his presentation along with a petition containing approximately 70 signatures of persons who are opposed to one7way traffic and stop lights for the CNR underpass on Mill Street in Newcastle. In his correspondence dated October 5, 1997, Mr. Rickard and the ratepayers asked various questions pertaining to construction on the Toronto Street overpass and related data. He requested that Phase II of the development be postponed until all concerns have been addressed and infrastructure put in place. III ... .. (e) Erskin Duncan, 27 Boulton Street, Newcastle, L 1 B ll9 - appeared on behalf of the Bondhead Community Association and circulated a copy of his presentation dated October 6, 1997, wherein he states that the Association was "flabbergasted" upon reading the recommendations contained in Report PD-140-97. He noted that permitting residential development to intrude into the waterfront greenway is contrary to the principles of the Official Plan and is not consistent with the recommendations of the Waterfront Greenway RegeneratiGA Trust. He advised that the Association continues to support the policies of the Clarington Official Plan which preclude residential development in the waterfront greenway. He further noted that "the development is rapidly becoming just another mediocre high density development instead of having the quality commensurate with its unparalleled lakeside location...". He added that alternative 'B' for access to the development, as presently proposed, is completely unacceptable. In conclusion, the association requested that approval of Phase II be postponed unti I the concerns being expressed have been satisfactorily resolved. ... ." - ... ... (f) .. Jack Eilbeck, c/o Linda MacGregor, 40 Boulton Street, Newcastle, L1 B 1L9 - re: Report PD- 140-97 - appeared on behali oi his daughter, Linda MacGregor, and expressed two concerns: one relating to the excessive noise on weekends and residents having to call the police and when a fisherman was fishing in Graham Creek he was told that he was trespassi ng. III till ... - G.P.& A. Minutes - - - - .. - - - - - - - - - - - - - (g) - 3 - October 6, 1997 John Campbell, 250 Baldwin Street, Newcastle, II B 1 C1 - re: Report PD-140-97 - questioned why a hotel with 250 rooms is needed at this location. He advised that the applicant has not met all of his commitments pertaining to improvements to be made to the Port of Newcastle Yacht Club and that long-time members of the Club have left. He feels that the Port of Newcastle was an excellent harbour with a rural setting and ambiance but with all the construction taking place, the "jewel is gone". (h) Doug and/or Robin Rickard, 5 Clarke Street, Newcastle, l1B 1C1 - re: Report PD-140-97 - were called but were not present. (i) Noel Gordon on behalf of Frances Jose, 607 Mill Street South, Newcastle, II B ll9 - re: Report PD-140-97 - expressed three concerns: . why a hotel of this size? why in this location? why at this time? . . (j) Bill Daniell, The Kaitlin Group ltd., 1029 McNkoll Avenue, Scarborough, M 1 W 3W6 - re: Report PD-140-97 - advised that he has worked very had to address everyone's concerns. He stated that the hotel has been recommended by the consultant and is an opportunity for the Municipality of Clarington as it will create jobs in the area. He apologized to residents for the excessive noise on weekends stating that it will not happen again. He described the renovations he has made to upgrade the Port of Newcastle, stating that his transient trade has increased by 40%. He will be sending out questionnaires to boaters to receive feedback on the development. (k) Glenda Gies, Box 36, Bowmanville, llC 3K3 - re: Report WD-64-97 - was under the impression that the complete package was being presented to Committee for their consideration today. She requested that approval not be conditional upon further issues and that the item be considered as a whole package. She supports the marsh-link lands but verbalized a concern pertaining to the rock crusher location which has not yet been decided. In her estimation the 1500' buffer distance is not sufficient. She requested that signage be provided on West Beach Road to allow public access to the lakefront and the fishing area. (I) Mavis Carlton, 119 Cove Road, Bowmanville, l1 C 3 K3 - re: Report WD-64-97 - stated that, in her view, there are too many outstanding issues to be resolved before Waverley Road is closed. She requested that there be no more constraints from access to the lakefront by the residents. She presented a list of seven questions to which she would like to receive answers pertaining to the closing of Waverly Road. (m) Valerie Dostie, R.R. #2, Box 11, 707 Waverley Road South, Bowmanville, llC 3K3 - re: Report WD-64-97 - was called but was not present. (b) Lloyd Stephenson, 106 King Street East, Newcastle, L 1 B 1 HS - re: Report PD-140-97 - requested clarification pertaining to where will people park if the hotel is approved and, if the road is built across the floodplain, will staff be supervising construction to ensure that the road meets the required standards. G.P.& A, Minutes PUBLIC MEETINGS .. - 4 - October 6, 1997 .. Resolution #GPA-535-97 .. Moved by Councillor Elliott, seconded by Councillor Novak THAT the Committee recess for fifteen minutes. .. "CARRIED" The meeting reconvened at 11 :25 a.m. III Councillor Dreslinski chaired this portion of the meeting. ... Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: .. (a) Proposed Official Plan Amendment and Zoning By-law Amendment - Part Lots 2 & 3, Broken Front Concession, Darlington - Ridge Pine Park Inc.; and .. .. (b) Proposed Zoning By-law Amendment - Mineral Aggregates Resources The Deputy Clerk advised that the Clerk's Department sent public notices for the rezoning applications by first class mail on or before September 5, 1997 to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition, notices were also posted on the sites prior to September 5, 1997. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. ... III The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed applications, then the objectors would be heard, followed by the supporters and the applicant. .. (a) .. Report PD-134-97 - Ridge Pine Park Inc. - the purpose and effect of the applications is to permit the development of a nine hole golf course. Fred Ufton, 16 Steel head Lane, Newcastle, 11 B 1 B4 - circulated a copy of his correspondence dated September 25, 1997 wherein he states that he paid a site premium of $10,000 for backing onto the golf course and wonders if Wilmot Creek will refund the full amount of site premiums for lots if the Golf Course is closed. He expressed further concerns pertaining to rent increases, maintenance fees and questioned who will carry the burden of financing the new golf course if this application is approved. .. ... .. .. lIIII .. .. G.P.& A. Minutes - 5 - October 6, 1997 .. .. PUBLIC MEETINGS CONT'D. .. David Rice, Ridge Pine Park Inc., 17 Dean Street, Brampton, L6W 1M7, advised that his company purchased the lands from Ontario Hydro and that a designation of a golf course is allowed under the new Clarington Official Plan. He has held an open house with the residents pertaining to this matter and no major concerns were expressed. It is his intention to leave the existing golf course as is but perhaps, at a future time, the first four holes could become "chip and putt". He assured the members of the Committee that no housing will ever be erected on this site. He circulated a letter from Ruth Hinkly and Bill Newby, Wilmot Creek Homeowners Association, expressing support for the application. ... ... (b) Report PD-135-97 - Municipality of Clarington - the purpose and effect of this application is to amend the Clarington Official Plan to incorporate new policies relating to aggregate resources. ... .. No one spoke in opposition to this proposal. .. Katherine Guselle, President of S.A.G.A., circulated a copy of her presentation dated October 6, 1997, wherein she expressed support for the recommendations contained in Report PD-135-97 and suggested the amendment of some wording in Sections 4.2, 4.2.6, 4.10, 4.10.1, 4.10.2, 4.10.3 and 4.10.4. - ... Mavis Carlton, 119 Cove Road, Bowmanville, L1C 3K3, expressed support for the recommendations contained in Report PD-135-97 with one concern regarding section 4.10.4 which does not address the issue of pits and quarries located in the southern part of Clarington, along the lakefront. Resolution #GPA-536-97 ... Moved by Mayor Hamre, seconded by Councillor Pingle ... THA'f"the order of the agenda be altered to allow for consideration of Report PD-140-97 at this time. - "CARRIED" ... The Director of Planning and Development, F. Wu, and Manager of Engineering, Public Works, T. Cannella made a presentation delving into the background and history of the application. ... Resolution #GPA-537-97 Moved by Mayor Hamre, seconded by Councillor Hannah - THAT Report PD-140-97 be tabled to the Council meeting scheduled for October 14, 1997. - "CARRIED" - .. G.P.& A. Minutes - 6 - October 6, 1997 .. Resolution #GPA-538-97 .. Moved by Mayor Hamre, seconded by Councillor Elliott THAT the Committee recess for lunch for 1 hour and 15 minutes. .. "CARRIED" The meeting reconvened at 2:45 p.m. .. PLANNING AND DEVELOPMENT DEPARTMENT .. Clarington Official Plan Resolution #GPA-539-97 and Rezoning Amendments Ridge Pine Park Inc. D09.COPA.97.006 D09.ROPA.97.017 D14.DEV.97.054 Moved by Mayor Hamre, seconded by Councillor Pingle ... THAT Report PD-134-97 be received; THAT the applications to amend the Durham Regional Official Plan, the Clarington Official Plan and the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Roger Howard on behalf of Ridge Pine Park Inc. be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and ... III THAT the Durham Region Planning Department, all interested parties listed in Report PD-134-97 and any delegation be advised of Council's decision. III "CARRIED" ." Proposed Amendment Resolution #GPA-540-97 Clarington Official Plan - Mineral Moved by Mayor Hamre, seconded by Councillor Hannah Aggregate Resources D09.COPA.97.12 THAT Report PD-135-97 be received; .. THAT the proposed amendment to the Clarington Official Plan regarding mineral aggregate resources be referred back to Staff for further processing and the preparation of a subsequent report taking into consideration the presentation made by Katherine Guselle, President of S.A.G.A.; and .. .. THAT all interested parties listed in Report PD-135-97 and any delegation be advised of Council's decision. - "CARRIED" .. .. II II - G.P.& A. Minutes - 7 - October 6, 1997 - PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. - .. Removal of Part Lot Control - Veltri and Son Limited D14.DEV.97.075 Resolution #GPA-541-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT Report PD-136-97 be received; - THAT the request submitted by Veltri and Son Limited for the removal of Part Lot Control with respect to Lots 1 to 19, all inclusive in Plan 40M-1886 be approved; - THAT the Part Lot Control By-Law attached to Report PD-136-97 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and, - THAT all interested parties listed in Report PD-136-97 and any delegation be advised of Council's decision. - "CARRIED" - Rezoning Application Resolution #GPA-542-97 Peterborough Victoria Northumberland Moved by Councillor Novak, seconded by Councillor Hannah Clarington Separate School Board THAT Report PD-137-97 be received; D14.DEV.96.022 - - THAT the application for removal of the "Holding (H)" symbol submitted by the Peterborough Victoria Northumberland Clarington Separate School Board be approved as per the by-law attached to Report PD-137-97; - THAT the amending By-law attached to Report PD-137-97 be forwarded to Council for approval; THAT a copy of Report PD-137-97 and the amending by-law be forwarded to the Region of Durham PI<!D..ning Department; and - THAT all interested parties listed in Report PD-137-97 and any delegation be advised of Council's decision. .. "CARRIED" - Quantum Homes (1988) Limited D14.DEV.95.074 Resolution #GPA-543-97 Moved by Councillor Novak, seconded by Councillor Pingle - THAT Report PD-138-97 be received for information; and - THAT all interested parties listed in Report PD-138-97 and any delegation be advised of Council's decision. "CARRIED" - - .. G.P.& A. Minutes - 8 - October 6, 1997 .. PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. ... Glenview Resolution #GPA-544-97 Neighbourhood Design Plan Moved by Mayor Hamre, seconded by Councillor Pingle DOO.GE .. THAT Report PD-B9-97 be received for information. .. "CARRIED" Report PD-140-97 was considered earlier in the meeting. See Resolution #GPA-537-97 on Page 5. .. Monitoring of the Decisions of the Committee of Adjustment DB.CO Resolution #GPA-545-97 .. Moved by Councillor Pingle, seconded by Councillor Novak THAT Report PD-141-97 be received; ... THAT Council concur with the decisions of the Committee of Adjustment made on September 18, 1997; and till THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. .. "CARRIED" Removal of Holding Resolution #GPA-546-97 Jane and Charles Rowe D14.DEV.97.077 Moved by Councillor Novak, seconded by Councillor Hannah .. THAT Report PD-142-97 be received; III THAT the rezoning application submitted by D.G. Biddle on behalf of Jane and Charles Rowe requesting the removal of the Holding (H) Symbol from the zoning for Lots 1 to 10 all inclusive on Plan 18T-96002 be approved; .. THAT the Amendment to Zoning By-law 84-63 attached to Report PD-142-97 be approved; and ... THAT all interested parties listed in Report PD-142-97 and any delegation be advised of Council's decision. .. "CARRIED" Resolution #GPA-547-97 .. Moved by Councillor Novak, seconded by Councillor Pingle .. THAT the meeting be "closed" for the purpose of receiving the solicitor's verbal legal opinion. .. "CARRIED"- .. .. G.P.& A. Minutes - 9 - October 6, 1997 .. CLERK'S DEPARTMENT - Councillor Pingle chaired this portion of the meeting. .. Repeal of By-Iaw- Parking Enforcement Officer P01.PA Resolution #GPA-548-97 Moved by Councillor Novak, seconded by Councillor Hannah - THAT Report CD-43-97 be received; and THAT the by-law attached to Report CD-43-97 be approved. - "CARRIED" TREASURY DEPARTMENT .. Councillor Novak chaired this portion of the meeting. .. Resolution in Response Resolution #GPA-549-97 to City of Toronto Recommendation re: Moved by Mayor Hamre, seconded by Councillor Dreslinski Social Assistance and Housing Costs THAT Report TR-76-97 be received; D01.GT - - THAT the Province be requested to confirm its funding commitment to provincially mandated programs such as Social Assistance an Social Housing; - THAT the Province be notified that the Municipality of Clarington is concerned that the dominant representation on the GTSB of the City of Toronto will not provide the opportunity for issues such as cost apportionment to be considered impartially; - THAT the Municipality of Clarington objects to the City of Toronto responding to Provincial downloading by recommending a transfer of the funding responsibility for Social Assistance and Social Housing to the GTSB for financial contributions from Municipalities which have no inlTuence on the GTSB; .. .. THAT a copy of Report TR-76-97 and recommendations be circulated to the area Municipalities of the Region of Durham requesting their endorsement; and .. THAT a copy of this Resolution be forwarded to the Minister of Municipal Affairs and Housing, to the Minister's special advisor on the Greater Toronto Area Services Board. "CARRIED" - - - - G.P.& A. Minutes ." -10- October 6, 1997 .. TREASURY DEPARTMENT CONT'D. Lease Agreement 247 King Street East Newcastle L 14.KI Defibrillators F18.QU .. Resolution #GPA-550-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski III THAT Report TR-88-97 be received; THAT the by-law marked Schedule "A" attached to Report TR-88-97 be passed, authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller; and ... III THAT Claude Miller be advised of Council's decision. "CARRIED" ... Resolution #GPA-551-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah III THAT Report TR-89-97 be received; .. THAT a purchase order be issued to Laerdal Medical Canada Ltd., for one (1) defibrillator at a total price of $5,750.00 (including taxes) as required by the Municipality of Clarington Fire Department; III THAT the required funds be drawn from the Fire Department Reserve Account #2900-00014-0000; and ... THAT Purchasing By-law #94-129, Paragraph 5.06, be waived for this purchase as well as the purchase of the remaining required defibrillators; FORTHWITH. ... "CARRIED" Tender CL97-17, Resolution #GPA-552-97 1998 Crew Cab Pick Up F18.QU Moved by Councillor Dreslinski, seconded by Councillor Pingle .. THAT Report TR-91-9 7 be received; ... THAT Ontario Motor Sales, Oshawa, Ontario, with a total bid in the amount of $31,308.75 (including taxes), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-17, be awarded the contract to supply one (1) only 1998 Crew Cab Pick Up, as required by the Municipality of Clarington Department of Public Works; and ... .. THAT the funds expended be provided from Self Insured Losses Account #2900-00002-0000. III "CARRIED" III .. - G.P.& A. Minutes - 11 - October 6, 1997 .. TREASURY DEPARTMENT CONT'D. .. Confidential Report TR-92-97 Resolution #GPA-553-97 .. Moved by Councillor Dreslinski, seconded by Councillor Pingle .. THAT the recommendations contained in Confidential Report TR-92-97 pertaining to a property matter, be approved. "CARRIED" - TREASURY DEPARTMENT CONT'D. .. Tender CL97-23, Resolution #GPA-554-97 Sidewalk Replacement - Duke St., Bowmanville, Moved by Councillor Dreslinski, seconded by Councillor Elliott Centre St., Orono F18.QU THAT Report TR-93-97 be received; .. - THAT Brennan Paving & Construction Limited, Markham, Ontario, with a total bid in the amount of $72,289.20, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-23, be awarded the contract for the Sidewalk Replacement - Duke Street, Bowmanville and the Sidewalk Replacement and Extension - Centre Street, Orono, as required by the Department of Pub I ic Works; - - THAT the total Municipal project cost including administration, as detailed in Totten Sims Hubicki's letter marked Schedule "C" estimated at $82,500.00, be financed as follows: a) THAT Consumers Gas be invoiced for the 1/3 shared costs estimated to be $4,455.00 to recover the amount of $2,500 required; .. b) THAT funds in the amount of $50,000.00 be drawn from Public Works Capital Account #7212-97004-0261; - c) THAT funds in the amount of $30,000.00 be drawn from Public Works Capital Account #7212-96002-0261; ... THAT the by-law attached to Report TR-93-97 marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved. .. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) .. - - - .. G,P.& A. Minutes - 12 - October 6, 1997 till TREASURY DEPARTMENT CONT'D. .. Resolution #GPA-555-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski till THAT the foregoing Resolution #GPA-554-97 be amended by adding the following thereto: till "FORTHWITH". .. "CARRIED" The foregoing Resolution #GPA-554-97 was then put to a vote and "CARRIED AS AMENDED". .. FIRE DEPARTMENT .. There were no reports considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT .. There were no reports considered under this section of the agenda. PUBLIC WORKS DEPARTMENT III Councillor Elliott chaired this portion of the meeting. III Official Park Openings Resolution #GPA-556-97 Avondale and Westside Parks Moved by Councillor Pingle, seconded by Councillor Novak M02.GE .. THAT Report WD-62-97 be received for information. "CARRIED" ... Extension of Oshawa Resolution #GPA-557-97 Transit Commission Bus Service to Moved by Councillor Hannah, seconded by Councillor Novak Courtice T03.GE THAT Report WD-63-97 be received; III ... THAT Council authorize the extension of the Oshawa Transit Commission bus service (Route 2) into Courtice, FORTHWITH; .. THAT Mr. N. Pidwerbecki of Oshawa Transit Commission be advised of Council's decision; and THAT Mrs. Lucy Niejadlik be advised of Council's decision, FORTHWITH. III "CARRIED" .. ... - G.P.& A. Minutes - 13 - October 6, 1997 - - PUBLIC WORKS DEPARTMENT CONT'D. - Application to Stop-up, Resolution #GPA-558-97 Close and Authorize the Sale of Portions of Moved by Mayor Hamre, seconded by Councillor Pingle the Road Allowance of Waverly Road THAT Report WD-64-97 be received; T09. - - THAT, further to the recommendations approved in Reports ADMI N-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; - i i) to convey those portions of Waverly Road to be stopped up and closed to Blue Circle Canada Inc.; i i i) to assume and dedicate the proposed portion of the Blue Circle haul road and its extension as a temporary public highway; and - - THAT the interested parties listed in Report WD-64-97 and the delegations be advised of Council's decision. "CARRIED" - ADMINISTRATION Mayor Hamre chaired this portion of the meeting. - - Mayor Hamre gave a verbal update on a recent meeting of the Rural Mayors, AI Leach, Minister of Municipal Affairs and Housing, John O'Toole, M.P.P. and Julia Munro, M.P.P. pertaining to the GTA and forthcoming data from the Province. She stated that Minister Leach advised that "municipalities which have been prudent will not be penalized." - GTSB/GT A Options for Resolution #GPA-559-97 the Municipality of C1arington Moved by Councillor Novak, seconded by Councillor Dreslinski D02.GT - THAT Report ADMIN-41-97 be received; - THAT the Municipality of Clarington endorse the Rural Mayors' recommendation requesting a three year grace period from the time the legislation is passed to opt out of the GT A and the Greater Toronto Services Board (GTSB); and - - - iii G.P.& A. Minutes - 14 - October 6, 1997 ." ADMINISTRATION CONT'D. .. THAT a copy of Report ADMIN-41-97 be forwarded to the Minister of Municipal Affairs and Housing, AI leach, all M.P.P.'s in the '905' area, the Townships of Scugog, Uxbridge and Brock, the Peterborough County Board of Education and the Northumberland and Clarington Board of Education and the Peterborough Victoria Northumberland Clarington Roman Catholic Separate School Board. .. "CARRIED" .. Councillor Elliott made a declaration of interest with respect to report ADMIN-43-97; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Elliott is a member of the Lions Club of Bowmanville. .. Bowmanville Lions Centre Resolution #GPA-S60-97 .. Moved by Councillor Hannah, seconded by Councillor Dreslinski, THAT Report ADMIN-43-97 be received; .. THAT funds for the purchase and renovations be derived from the Impact Escrow Fund SOOl-SO-X; and ." THAT the by-law attached to Report ADMIN-43-97 marked Attachment No.1 be approved authorizing the Mayor and Clerk to execute the necessary agreement. III "CARRIED" Agreement - Oshawa Resolution #GPA-S61-97 Clarington Assoc. for Community Living and Moved by Councillor Novak, seconded by Councillor Dreslinski the Clarington Project "Youth Centre" THAT Report ADMIN-44-97 be received; ." .. THAT By-laws 97-169 and 97-113 be repealed; and ... THAT the by-laws attached to Report ADMIN-44-97 be approved authorizing the Mayor and Clerk to execute the necessary agreements. "CARRIED" .. Outstanding Issues Resolution #GPA-S62-97 ... Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report ADMIN-4S-97 be received for information. .. "CARRIED AS AMENDED lATER IN THE MEETING" (SEE FOllOWING AMENDING MOTION) .. .. .. .. G.P.& A. Minutes - - 15 - October 6, 1997 - ADMINISTRATION CONT'D. - - - Confidential Report ADMIN-46-97 - - .. UNFINISHED BUSINESS .. Delegation - L. Lambier .. .. - .. .. .. OTHER BUSINESS - .. .. Resolution #GPA-563-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Resolution #GPA-562-97 be amended by deleting Section 17 therefrom. "CARRIED" The foregoing Resolution #GPA-562-97 was then put to a vote and "CARRIED AS AMENDED". Resolution #GPA-564-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the recommendations contained in Confidential Report ADMIN-46-97 pertaining to a property matter be approved. "CARRIED" Resolution #GPA-565-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegation of Mr. Lucien Lambier be acknowledged; THAT the petition of persons requesting the painting of a centre line from Hwy. 115/35 to County Road 18 be referred to the Director of Publ ic Works; and THAT Mr. Lucien Lambier be advised of Council's decision. "CARRIED" Resolution #GPA-566-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the actions taken during the "closed" meeting be approved. "CARRIED" There were no items considered under this section of the agenda. G.P.& A. Minutes ADJOURNMENT ... - 16 - October 6, 1997 .. Resolution #GPA-567-97 Moved by Councillor Elliott, seconded by Councillor Pingle THAT the meeting adjourn at 4:10 p.m. "CARRIED" .. .. ." MAYOR III .. DEPUTY CLERK .. III .. .. III ." ." .. .. .. .. ... .. - - REPORT #2 11-lE CORPORATION OF 11-lE MJNICIPALITY OF ClJ\RINGT()\J '.tm~oo~m~ REPORT Meeting: COUNCIL OCTOBER 14, 1997 File # Res. # By-Law # Date: - Report#: WD-66-97 File#: - Subject: - EIRAM DEVELOPMENT CORPORATION MEARNS AVENUE STORM SEWER OVERSIZING AND TRIBUTARY STORMWATER MANAGEMENT WORKS, SUBDIVISION AGREEMENT PROPOSED AMENDMENT TO THE DEVELOPMENT CHARGES BY-LAW Recommendations: - - - - - - - - - - - - - It is respectfully recommended to Council the following: 1. THAT Report WD-66-97 be received; 2. THAT Council pass an amendment to the Development Charges By- law (By-law No. 92-105, as amended) to add Schedules identifying relevant benefiting areas and the following services to the designated services which are now referred to in the By-law: . Stormwater Management Facility and all associated works, located adjacent to the east side of Mearns Avenue, approximately 800 metres south of Concession Road 3; . Trunk storm sewer on Mearns Avenue from 'approximately 500 metres south of Concession Road 3, southerly approximately 89 metres; . Trunk storm sewer on Mearns Avenue from approximately 589 metres south of Concession Road 3, southerly approximately 113 metres; . Trunk storm sewer on Mearns Avenue from approximately 702 metres south of Concession Road 3, southerly approximately 92 metres; . Trunk storm sewer on Mearns Avenue from approximately 794 metres south of Concession Road 3, southeasterly '"~''''''''' "<'I" ~IUC~<:Il .. REPORT NO.: WD-66-97 PAGE 2 .. 3. 4. 5. REPORT approximately 24 metres. .. THAT Council pass the necessary by-laws to authorize the Mayor and Clerk to enter into a front-ending agreement with Eiram Development Corp. in respect of the works or services referred to in Recommendation No.2, the cost of which has been front- ended by the owner as detailed in the Report dated June, 1997, and prepared by Valdor Engineering Inc. and G.M. Sernas & Associates Ltd. ." .. .. ." THAT the term of the front-ending agreement referred to in this Report be 15 years; ." THAT a copy of this report be sent to Eiram Development Corp. III .. ." 1.0 ATTACHMENT Attachment No.1: 2.0 2.1 Map showing owners' lands and benefiting lands to which the recommended front- ending agreement will apply. .. .. BACKGROUND Prior to the enactment of the Development Charges Act, 1989, the Municipality regularly made subdivision agreements under the Planning Act with owners under which Works that were external to lands within a particular plan of subdivision or were oversized to accommodate future development upstream of the lands within that subdivision, would be paid for by the owner who wished to develop first. Usually, the subdivision agreements provided that the Municipality would use its best .. - .. .. .. .. .. - - - - - - - .. - - - -- .. .. - - - - REPORT NO.: WD-66-97 PAGE 3 endeavour to collect appropriate amounts of money from other benefiting persons as their lands develop and pay the amounts collected to the owners who front-ended the cost. 2.2 Council will recall that the Development Charges Act, 1989, in effect made it impossible for the Municipality to use "best endeavour" clauses in subdivision agreements after November 23, 1991. Instead, it required that if front-ending agreements were to be made with a municipality respecting. external or oversized works, they would have to be made in accordance with Part II of the Development Charges Act. The first step that would have to be taken would be for the Municipality to enact or amend a development charge by-law which included as a designated service the work proposed to be front-ended by a particular owner which would be the subject of a front-ending agreement under the Act. 2.3 On April 3, 1991, the Municipality entered into a subdivision agreement with the owner of the lands in Draft Plan of Subdivision 18T89041. It provided for the owner to front-end the cost of certain external and/or oversized Works. The agreement which was made in contemplation of the prohibiting provision of the Development Charges Act, 1989, referred to the above coming into force on November 23, 1991. The agreement stated that, without imposing a legal obligation on the Municipality, if the Municipality enacted a development charge by-law, that the Municipality and the owner intended to enter into a front-ending agreement under the Act with a term not to exceed 10 years from the date of the later to occur of the issuance of a Certificate of Completion with respect to the Work in question and the date of enactment of the Municipality's Development Charge By-law. 2.4 External and/or oversized services under the subdivision agreement referred to in paragraph 2.3 either are being constructed or have been completed. In each case, the cost ... REPORT NO.: WD-66-97 PAGE 4 ... has been front-ended by the owner. In order for the owner to collect front-ending payments from other benefiting owners, it is necessary for a front-ending agreement to be made under the Development Charges Act. 2.5 The owner of the lands referred to in paragraph 2.4 has incurred costs for front-ending certain services and has requested that the Municipality enter into a front-ending agreement to give effect to cost-sharing principles set out in front-ending agreement reports prepared by Valdor Engineering Inc. and G.M. Sernas & Associates Ltd. and dated June, 1997. .. ,. .. ... ." 2.6 Staff has reviewed and approved the cost-sharing principles and data of the following reports prepared by Valdor Engineering Inc. and G.M. Sernas & Associates Ltd. dated June, 1997, and on file with this department. It is recommended that these principles and data be included in a front-ending agreement with the owner. ... ... .. 2.7 As indicated above, generally the subdivision agreements respecting the draft plans of subdivision referred to in paragraph 2.5 contemplated that the front-ending agreement in the case of the Works in question, staff are of the opinion that the term of the front-ending agreement should be 15 years. III ... ." 2 . 8 Notice has been given of a public meeting to be held by Council to consider submissions from members of the public respecting a proposed amendment to the Municipality's Development Charge By-law (By-law No. 92-105, as amended) to add the following designated services to the by-law as a first step to the making of a front-ending agreement between the Municipality and the owner. · Stormwater Management Facility and all associated works, located adjacent to the east side of Mearns Avenue, approximately 800 metres south of Concession Road 3; · Trunk storm sewer on Mearns Avenue from approximately 500 ... .. .. .. .. IlIIII - - REPORT NO.: WD-66-97 PAGE 5 metres south of Concession Road 3, southerly - . approximately 89 metres; Trunk storm sewer on Mearns Avenue from approximately 589 metres south of Concession Road 3, southerly approximately 113 metres; Trunk storm sewer on Mearns Avenue from approximately 702 metres south of Concession Road 3, southerly approximately 92 metres; Trunk storm sewer on Mearns Avenue from approximately 794' metres south of Concession Road 3, southeasterly approximately 24 metres. . - - . - - - - 3.0 3.1 CONCLUSION It is respectfully recommended that Council pass an appropriate amendment to By-law No. 92-105, as amended, to give effect to the recommendations contained in this report. - 3.2 It is also respectfully recommended that Council approve the making of a front-ending agreement under the Development Charges Act with Eiram Development Corp. and pass the necessary by-law to authorize the Mayor and Clerk to execute the same on behalf of the Municipality. - - --- Respectfully submitted, Reviewed by, - - ~u~ Stephen A. Vokes, P.Eng., Director of Public Works ~ W.H. St~" Chief Administrative Officer .. DH: SAY: jco October 8, 1997 _ pc: Eiram Development Corp. - - ... .. .. .. ." .. I I I I I I I I I -- I Co P. R. -1--. .. ." .. III ... (J5.9J hO) (9.17 ho) (1.98 P,o) (10.58 hO) L Tn. (4.8< ho) III (10.29 no) irlE CORPORATION OF THE ~UN1CIPALlTY OF CLARINGTON Public Works Deportment IIlIIII OWNER'S AREA c::::J BENEFITTING AREAS .--- SEWER WORKS BENE~TTING AREAS FOR MEARNS AVENUE STORM SE'W'ER WORKS OVERSIZING AND STORM WATER MANAGEMENT FACIUTY - .. .. REPORT NO. WD-66-97 ATTACHMENT NO. 1 III III .. - THE CORPORATioN OF THE MUNICIPALITY OF ClARINGTON - Memorandum .. To: .. From: Date: .. W. H. Stockwell, Chief Administrative Officer Stephen A. Vokes, Director of Public Works October 9, 1997 Our File: AD.55.04 Subject: REPORTS FOR SUBMISSION TO THE COUNCIL MEETING OF OCTOBER 14, 1997 .. _ Attached is a Public Works' Report which I recommend for submission to the Council meeting of October 14, 1997: .. WD-66-97 EIRAM DEVELOPMENT CORPORATION MEARNS AVENUE STORM SEWER OVERSIZING AND TRIBUTARY STORMWATER MANAGEMENT WORKS, SUBDIVISION AGREEMENT PROPOSED AMENDMENT TO THE DEVELOPMENT CHARGES BY-LAW .. - Yours truly, .. n .. ~0 ~StePhen A. Vokes ! Directol.- of Public Works :., .. SAV:ce Enc. - pc: Mayor Diane Hamre (Copy of Reports) Councillor Carson Elliott (Copy of Reports) .. Ma~ie Knight (Memo Only) - .. .... .. ../ \, ' j I " UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALllY OF CLARINGTON 'lilt ON: KAlTUN.GPA REPORT .. Meeting: Date: 'lilt General Purpose and Administration Committee Monday, October 6, 1997 File # Res. # File #: DEV 96-051 (X-REF: 18T -96013) By-law # 'lilt Subject: Report #: PO: 140-97 .. REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION (PHASE II) APPLICANT: THE KAITLlN GROUP LTD. PART LOT 28,29,30 & 31, B. F. CONC., FORMER VILLAGE OF NEWCASTLE FILE: DEV 96-051 (X-REF: 18T-96013) 'lilt Recommendations: - 1. 'lilt 2. .. .. 3. 'lilt .. 4. - 5. .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-140-97 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of Phase II of the Port of Newcastle being the draft plan of subdivision 18T-96013 dated july 30, 1997, subject to the conditions contained in Attachment NO.1 to this report; THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the proposed draft plan of subdivision 18T -96013 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the attached amendment to By-law 84-63 be APPROVED and that the Holding (H) symbol be removed by By-law upon the execution of a Subdivision Agreement; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. ... 1. 1.1 1.2 - - - APPLICATION DETAILS Applicant: Agent: The Kaitlin Group Ud. Bousfield, Dale-Harris, Cutler and Smith 1 .3 Subdivision: Seeking draft approval for the second phase of the Port of Newcastle which is located on both the east and west sides of Phase I. Phase II includes . 54 single detached units . 210 semi-detached units or linked units . a 60 unit multiple residential block (Block 173) . a 72 unit multiple residential block (Block 1(0) . a multiple use block (Block 161 Y consisting of 130 residential units, 2000 square metres of General Commercial (C1) retail floors pace and 500 square metres of office space. . a multiple use block (Block 162) consisting of a 250 room hotel or motel, an assembly haJl, a conference hall and 48 residential units. . two blocks (Blocks 163 & 164) for future development. The proposed plan also contains various Blocks for storm water management, utilities and open space. 1.4 Rezoning: The subject property currently contains six separate zone categories as follows: ('" . " . REPORT NO. PD-140-97 PAGE 2 . Agricultural (A) Holding Urban Residential Type Three Special Exception ((H) R3-4) Holding Urban Residential Type Four Special Exception ((H) R4-5) Holding Special Purpose Commercial Special Exception ((H) C5-6) Holding Environmental Protection Special Exception ((H) EP-1) Environmental Prot~D (EP) . . . . . The current zoning in the vicinity of the marina would allow for the development of the lands surrounding the marina with: . 63 link tOw:lhouses . I a 70 unit apartment building a 16 unit hotel 1245 square metres of retail and office floorspace C't . ... III ." .. .. .. .... .. ." .. ." ." lIIlI ." III .. .. ... l1li .' t, ' ~ - - - .. - - .. ... - - - - - - - - - - REPORT NO. PD-140-97 PAGE 3 The current zoning also recognizes the existing marina and permits 60 square metres of retail commercial and office floorspace associated with the marina. The current zoning was based on a site specific proposal approved by the Municipality several years ago. These zones apparently do not reflect the desire of the present applicant and hence he submitted a rezoning application in order to allow the proposed subdivision. In addition to the proposed uses, the application also proposes the following zone regulation changes which include: . a front yard setback of 3.6 metres to the dwelling while maintaining the 6.0 metre setback at the garage; . a rear yard setback of 5.0 metres; . an exterior side yard setback of 3.6 metres; . a reduced lot area requirement; . a reduced sight triangle requirement to allow for porches on exterior lots; . a special provision to allow projections (chimneys, windows, porches) to encroach into the required tront, rear and side yard requirement. 1.5 Area (Phase II): 37.132 hectares (91.72 acres) 2. 2.1 BACKGROUND The Kaitlin Group Ud. obtained ownership of the subject lands in late 1995 and acquired draft plan approval for the first phase of the Port of Newcastle in September of 1996. 2.2 In October of 1996, Kaitlin applied with the Region of Durham for the approval of a plan of subdivision which constitutes the second phase of the Port of Newcastle. The r II . I '" .... REPORT NO. PD-140-97 PAGE 4 ." applicant also applied with the Municipality of Clarington Planning and Development Department in order to amend Comprehensive Zoning By-law 84-63 to implement the proposed plan of subdivision. III ." 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 A Public Notice sign was installed at two separate locations on the subject lands as well as in Bondhead Parkette on the east side of the mouth of Graham Creek. III ." 3.2 The statutory Public Meeting was held on July 7, 1997. Six (6) area residents spoke in opposition to the proposal citing the following concerns: . high density . the number of rooms in the proposed hotel/motel · the site specific zoning requirements requested for Blocks 160 and 161 · the location of Block 160 south of the coastal road . boat storage · the access to the development via Port of Newcastle Drive (Street "N') . improvements to Mill Street · the reduced road allowance width on Milligan Street, Hodnett Crescent and III .. ... .. ." Streets "N", "0", "P", "Q", "R" and "S". ." . the impact upon the waterfront trail increased volumes of traffic. .. . . development charges ." Each of these concerns will be addressed within Section 6 of this Report. III 3.3 As a result of the concerns expressed at the Public Meeting, Council directed the applicant to host a residents meeting, which would also be attended by members of i I the Planning and Development Department. The residents meeting was held on Wednesday August 6, 1997. .. .. .. .. ... ... REPORT NO. PD-140-97 PAGE 5 .. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the 1991 Regional Official Plan, the subject lands are designated in part Living Area and in part Waterfront Major Open Space system with overlying Municipal Services symbols representing the existing water supply and water treatment plants. The proposal appears to conform with the provisions of the Regional Official Plan. .. .. .. 4.2 Within the Clarington Official Plan, the subject lands are designated in part Urban Residential, in part Waterfront Greenway and in part Local Central Area with associated Tourism Node and District Park symbols. .. .. 4.3 The Clarington Official Plan has allocated a total of 1075 units for the entire Port of Newcastle neighbourhood and the applicant has been advised in the past that Kaitlin's holdings in Broken Front Concession is not to exceed 1000 units. However, at that time, a related plan of subdivision (18T -91012) was proposed to develop with 25 units. Since that plan of subdivision was recently draft approved with only 19 lots, Kaitlin's share for their holdings in Broken Front Concession has been adjusted to 1006 units. The proposal appears to conform with the provisions of the Clarington Official Plan. .. .. .. .. 5. AGENCY COMMENTS 5.1 The proposed plan of subdivision was circulated for comments by the Regional Municipality of Durham. Concurrently, the proposed zoning amendment application has been circulated in order to obtain comments from other departments and agencies. The following provides a summary of the comments received to date. ... ... - 5.2 The Fire Department did not object to the proposal but indicated a concern regarding the level of development in the area The concern is that the site is serviced by part- time firefighters with a response time of 6 to 8 minutes with support from the Bowmanville Station. The Fire Department is of the opinion that the potential residents should be made aware that these response times will not be improved upon until full time staff can be provided in Newcastle Village. .. - - .. I . . \ ... REPORT NO. PD-140-97 PAGE 6 IIIIIi 5.3 The Ganaraska Region Conservation Authority has advised that they have no objection to the proposal but as a condition of draft approval will require the submission of detailed studies regarding stormwater management, sedimentation/ erosion control, geotechnical/slope stability and marina access. IIIIIi IIIIii IIIIIi 5.4 The Public School Board has advised that the school site shown on Block 165 is acceptable and that the students generated by this development will attend Newcastle Public School in the interim. ... IIIIIi 5.5 The balance of the circulated agencies which provided comments were the Regional Planning Department, the Regional Works Department and the Separate School Board. IIIiI None of the aforementioned agencies provided objectionable comments with respect to the proposal. The Clarington Hydro-Electric Commission advised that they are in the IIIIIi process of reviewing the power supply scheme for Phase L - 6. CONCERNS EXPRESSED AT THE PUBUC MEETING The Municipality of Clarington Planning and Development Department has undertaken _ a review of the proposal and will take this opportunity to review the comments and concerns raised by the residents. IIIIIi 6.1 High Density IIIIIi Several area residents expressed concerns at the Public Meeting regarding the density of the site including that portion of the development in the general area of the marina. ... In that regard, staff note that the Clarington Official Plan includes a Local Central Area symbol in the vicinity of the marina. ... Table 10-1 indicates that the Local CentmJ Area in the Port of Newcastle is permitted , I to develop with a maximum of 250 High Density units. The residential portions of Blocks 160-162 cumulatively total 250 units and as a result, the residential portion of ..i IIIlIi ... ... ... .. REPORT NO. PD-140-97 PAGE 7 .. the Local Central Area as proposed by Kaitlin, complies with the provisions of the Clarington Official Plan. .. .. In addition, the Clarington Official Plan contains three Medium Density symbols to the east of Port of Newcastle Drive (Street "A"). Two of these medium density symbols were previously accounted for through the approval of Phase I, while the third Medium Density symbol is being accounted for through Block 173 (60 units) of this phase. - _ 6.2 Proposed Hotel/Motel A concern was also expressed regarding the development of a hotel at the Port of _ Newcastle as well as with respect to the 250 rooms proposed for the hotel, located in Block 162 of Phase !1. - ... Staff note that Section 16.2.5 of the Clarington Official Plan permits the Port of Newcastle Tourism Node to develop with, among other uses, a hotel. However,- the Official Plan is silent with respect to the capacity of the hotel. Staff have drafted the zoning by-law which permits the following non-residential uses for B!ock 162: . an assembly hall . an eating establishment . an eating establishment, take-out . a place of entertainment . a theatre . a hotel or motel with a maximum of 250 rooms - .. ... .. - The applicant has not applied for any site specific regulations on Block 162. As a result, the standard 12 metre height restriction will be imposed. Staff note that 12 metres would correspond to 4 storeys, a height which is permissable within the I Clarington Official Plan. Through height restriction, the provision of parking and landscaping areas, staff feel that the hotel development or Block 162 can be properly regulated. .. - - - . . - REPORT NO. PD-140-97 PAGE 8 ... 6.3 Site specific zoning requirements for Blocks 160 and 161 The applicant has requested the following site specific zoning requirements for Blocks 160 and 161: IiIIII IiIIII Block 160 ... . Front, rear, interior and exterior side yard setbacks of 3.0 metres Maximum lot coverage of 50% Landscaped open space of 30%. - . . lIlII Block 161 - . Front, rear, interior and exterior side yards setbacks of 3.0 metres Maximum lot coverage of 60% Landscaped open space 0.1 20%. IiIIII . . ... These site specific requirements are requested in order to allow for a more flexible building design which results in the development promoting pedestrian activity and a _ sense of closeness in accordance with its designation as a Lccal Central Area and a Tourism Node. It is also noted that the requested setbacks are consistent with those _ previously granted to the applicant for the coastal villas on Block 192 of Phase I. .. 6.4 The location of Block 160 south of the coastal road One area resident expressed concern that the applicant's proposal included the development of a multiple residential block (Block 160) on the south side of the coastal road. Staff advise that in June of 1996, the applicant appeared before Council and requested a modification to the Clarington Official Plan which would adjust the Urban Residential and Local Central Area designation south of the coastal road. The request I was subsequently approved by Council as Modification No. 161 to the Clarington Official Plan. As.a result, the development of Block 160 on the south side of the \ coastal road compiies with the Clarington Official Plan. ". lIlII - .. .. .. lIlII . . ... .. REPORT NO. PD-140-97 PAGE 9 - 6.5 Boat storage One area resident expressed concerns regarding the storage of boats on the property. Staff advise that the current Environmental Protection - Exception (EP-1) zone permits, among other uses, a marina. The definition of a marina within Section 2 of By-law 84- 63 allows for the storage of boats and boat accessories as well as the sale of marine fuels and lubricants. Therefore, the storage of boats is permitted on that portion of the site currently zoned Environmental Protection - Exception (EP-1) which will remain in the amended By-law. - ... - .. 6.6 Access via Port of Newcastle Drive (Street "A") .. The access to the site via Port of Newcastle Drive (Street "AU) was identified as a concern at the Public Meeting. This concern was previously expressed during the .. approval process for Phase I of the Port of Newcastle. .. In that regard, staff note that Port of Newcastle Drive (Street -A") is identified in the Clarington Official Plan as a collector road on Map B4. The location of the Port of Newcastle Drive (Street uA'1 as proposed in the draft plan of subdivision corresponds with its schematic location on Map B4. As such, Port of Newcastle Drive (Street "A") as shown on the draft plan of subdivision complies with the Clarington Official Plan. .. - .. - 6.7 Improvements to Mill Street Public Works staff considered two alternatives through the approval of Phase I of the Port of Newcastle. The two alternatives are detailed in the following: ... Alternative "A" - - The Alternative "A" works are as follows: j i) Mill Street Grade Separation Reconstruction Works Full reconstruction of the Mill Street grade separation; - - . , - REPORT NO. PD-140-97 PAGE 10 IIiII ii) Mill Street Reconstruction and Construction Works Reconstruction and/or construction of Mill Street from the Mill Street grade separation north to and including the Toronto Street/Mill Street/401 interchange intersection and from the Mill Street grade separation southerly through external lands on an alignment that aligns with Port of Newcastle Drive (Street "A") from this development; and .. ... III .. iii) Toronto Street Emergency Access Improvement Works Road improvements to Toronto Street for use as an emergency access. - Alternative "8" IIiII The Alternative "B" works are as follows: .. i) Mill Street Grade Separation Improvement Works Improvements to the existing Mill Street grade separation (signalization) to accommodate both vehicular and pedestrian (cyclist) traffic; .. - ii) Mill Street Reconstruction and Construction Works Reconstruction and/or construction of Mill Street from the Mill Street grade separation north to and including the Toronto Street/Mill Street/401 interchange intersection and from the Mill Street grade separation southerly through external lands on an alignment that aligns with Port of Newcastle Drive (Street "A") from this development; - - - 'ii) Toronto Street Grade Separation Construction Works Construction of a grade separation at Toronto Street and the Canadian National Railway; and - IlIl ... III .. - - - .. - - - - .. - ... ... ... - .. - - - - . \ REPORT NO. PD-140-97 PAGE 11 iv) Toronto Street Reconstruction Works Road reconstruction of Toronto Street from this development northerly and easterly to the Toronto Street/Mill Street/401 interchange intersection. In consideration of the development of the entire neighbourhood, the waterfront, the long range potential of the area, the anticipated traffic volumes, the orientation of the road patterns towards Mill Street and the efficiency of the transportation network, the Public Works Department noted that Alternative UN' was clearly the most desirable alternative. Alternative "B" originated after much discussion between the developer and public works staff. After much consideration of the developer's and the resident's concerns, the Public Works Department agreed to accept Alternative UB" and this was reflected in the Municipality's conditions of draft approval for the first phase of the Port of Newcastle (18T-91 004). This alternative apparently will respect the resident's wish to maintain the existing Mill Street grade separation as a landmark. Alternative "B" will be reflected in the conditions of draft approval for both Phase I and Phase II. Staff also note that the conditions of draft approval for Phase II require all internal and external infrastructure works required for Phase I to have been completed prior to the registration of Phase II. This includes the works detailed in Alternative "B". 6.8 Reduced Road Allowances One area resident raised a concern regarding the proposal by Kaitlin to utilize reduced road allowances of 18.0 metres. This proposal was reviewed in great length by both the Planning and Development Department and the Public Works Department and was accepted only insofar as it applies to the interior roadways. Although the road allowance is reduced to 18.0 metres, the actual width of the pavement would remain at 8.5 metres, the same width of a standard 20.0 metre road allowance. This is accomplished since the reduction actually occurs in the width of the boulevards each - REPORT NO. PD-140-97 PAGE 12 IlIIIi of which would be 4.75 metres in width instead of the standard 5.75 metres. A full sidewalk can still be accommodated within the reduced boulevard. The reduction in road allowances is consistent with the first phase of the Port of Newcastle, approved by Council in June of 1996, which included nine streets with reduced road allowances of 18.0 metres. - IlIIIi ... 6.9 The impact upon the waterfront trail One area resident expressed concern regarding the impact of the proposed development upon the waterfront trail. In that regard staff note that through the approval of Phase II, the Municipality will obtain ownership of Park Block 167 and Open Space Block 168. These two Blocks, along with other Blocks and easement rights (15 metres along Lake Ontario shoreline in the vicinity of the Water Supply Plant and the tennis court area) obtained through the approval of Phase I, will form the basis for implementing the waterfront trail. - IIIIi IlIIi ... ... 6.10 Increased volumes of traffic The Public Works Department reviewed the issue of traffic within the context of Phase ... I of the Port of Newcastle. As a result, a traffic impact study was prepared and found to be acceptable. In order to ensure that the assumptions made by the report were _ accurate, the conditions of draft approval for Phase I require the Owner to provide a Traffic Monitoring Report. This report is required for the duration of the development _ of the subdivision to determine: - a) the actual traffic volumes being generated from this development in comparison to the traffic volumes determined in the Traffic Impact Study; ... b) the level of service of which the Mill Street grade separation is operating; III c) the nature and distribution of the traffic generated from Phase One, in comparison to the assumptioris made in the Traffic Impact Study. , II II ... - - REPORT NO. PD-140-97 PAGE 13 - This Traffic Monitoring Report will be required at the commencement of Phase I and prepared and submitted in a timely manner, satisfactory to the Director of Public Works. .. - In order to ensure that the development of the subdivision reflects the traffic capacity available at the Mill Street South underpass, the conditions of draft approval require a phasing plan to be submitted that details the projected number of building permits available for issuance. The conditions further state that the number of permits issued for the Port of Newcastle development must be restricted to an amount which is compatible with the traffic capacity of the existing Mill Street South underpass. - - .. 6.11 Development Charges Municipal works and services required for the Port of Newcastle lands are not included ... in the Municipality's 10 year capital works and services for the purpose of development charges. Staff advise that subdivision proposals are generally considered premature ... under such circumstances. - Kaitlin is aware that this situation makes it difficult for staff to recommend approval of the proposed subdivision. In order to alleviate the problem, Kaitlin advised staff that they are prepared to absorb the costs of those services that would normally be considered a responsibility of the Municipality under the Development Charges Act. These works include, but are not limited to: construction of the municipal park, construction or improvements of all external roads including Mill and Toronto Streets, the posting of security for construction of new and/or improvements to the existing railway grade separations as may be required by the Municipality at a later date. - - - - - Based upon this undertaking by Kaitlin, staff are satisfied that the concern with respect to development charges has been addressed on the clear understanding that the I developer would not be entitled to any credit or reduction in the subsequent payment of development charges. The conditions of draft approval for Phase I and Phase II (attached to this report) has included the foregoing requirements. - - - - REPORT NO. PD-140-97 PAGE 14 ... 7. 7.1 STAFF COMMENTS - The Municipality had received numerous technical documents when the original subdivision and zoning amendment applications were submitted by Bramalea Limited. The documents included: . traffic study, including the Mill Street underpass; . stormwater management report; . archaeological assessment; . tree survey and evaluation; . servicing analysis. l1li - l1li IIIIIi Reports such as the traffic study and stormwater management report have been .. updated to reflect the development as proposed by Kaitlin. l1li 7.2 Being virtually the only landowner in the area, Kaitlin had an opportunity to undertake a comprehensive design of the entire neighbourhood. The proposed plan has _ attempted to provide a traditional grid pattern of roads, particularly in the western portion of the site with axial view corridors to open space areas along the Lake Ontario ... waterfront. - 7.3 The proposal also envisions a variety of housing types and forms. In addition to single detached dwellings, the applicant would be providing semi-detached/link dwellings and multiple residential blocks which would accommodate coastal villas. Apartment blocks, possibly of condominium tenure, have been proposed in the vicinity of the Local Central Area and the Tourism Node, an area which is intended to develop as an active and vibrant focal point in the community. - ... ... 7.4 Kaitlin is also proposing innovative zoning regulations and engineering standards to prbmote a sense of community. These would include the special zone regulations detailed in Sections 1.4 and 6.3 of this report, as well as road allowance widths reduced from 20.0 metres to 18.0 metres. The reduced road allowance, when coupled .. .. .. III ., . ." - REPORT NO. PD-14D-97 PAGE 15 ... with a reduced front yard setback and innovative architecture which includes the traditional front porch, results in the development being more people-oriented. As previously noted, the reduced road allowance width does not impair the ability of the Municipality to provide a full sidewalk and a standard 8.5 metres of pavement. - - - 7.5 Staff have red-line revised the draft plan of subdivision to combine the two future use Blocks 163 and 164 into one Block along with road widening Block 171. These Blocks correspond to the general location of the portion of the applicant's holdings which are subject to Official Plan Amendment application COPA 97-005. This application contemplates the re-Iocation of Toronto Street in a westerly location to utilize the existing road allowance between Lots 30 and 31. Staff cannot support the extension of Shipway Avenue (Street liB') as detailed in the draft plan of subdivision until the related Official Plan Amendment application has been considered. .. - .. .. 7.6 Staff advise that the attached By-law would provide the appropriate zone categories in order to facilitate the development of Phase II of the Port of Newcastle plan of subdivision. However, staff note that the zoning on tile Waterfront Greenway Park will remain in the Agricultural (A) zone. .. - .. 8. 8.1 CONCLUSION In consideration of the comments contained within this report the Planning and Development Department would have no objection to a recommendation to the Region of approval of the proposed plan of subdivision, subject to the conditions as contained in Attachment No. 1 to this report. .. .. 9.2 Furthermore, staff would have no objection to the approval of the attached zoning by- .. law amendment, to implement the plan. The amending zoning by-law would provide for the appropriate zone categories to implement the Phase II of plan of subdivision - (18T -96013). Staff note that the removal of the Holding (H) symbols will require Council - - .. REPORT NO. PD-140-97 PAGE 16 .. approval at such time as the Subdivision Agreement is registered. A rezoning application to remove the holding symbol will be required at a later date. .. Respectfully submitted, Reviewed by, .. .. d ,,~;~ ~-~ Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development 1~~ w. H. Stockwell Chief Administrative Officer .. .. WM*L T*FW*cc lllIi Attachment #1 Attachment #2 Conditions of Draft Approval Zoning By-law Amendment .. September 30, 1997 Interested parties to be notified of Council and Committee's decision: .. The Kaitlin Group Ltd. 1029 McNicol! Avenue Scarborough, Ontario M1 W 3W6 .. - Bousfield, Dale-Harris Cutler & Smith 3 Church Street Toronto, Ontario M5E 1 M2 .. .. .. .. III , .. l1li .. . - - - - - - .. - - - - ... - - - - - - '. . ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-96013 representing Phase II of the Port of Newcastle prepared by Bousfield, Dale-Harris, Cutler and Smith dated July 30, 1997 (and further revised in red as per the attached plan) showing Lots 40,47,55- 58, 74 - 78, 93 - 103, 116 - 126 and 139 - 159 indusive for single detached dwellings, Lots 1 - 39,41 - 46,48 - 54,59 - 73, 79 - 92,104 - 115 and 127 - 138 inclusive for semi-detached or linked dwellings, Block 160 for 72 multiple residential units, Block 171 for 60 multiple residential units, Blocks 161 and 162 for mixed use, Block 169 for water plant expansion, Blocks 165 and 166 for park, Blocks 167 and 168 for Open Space, Block 164 for school, and various blocks for reserve, road widening, site triangle future use etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. i1!" .i -2- .. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION .. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) IIIlIli 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed .. development will not adversely impact the existing wells in the surrounding areas. - 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. .. IIIlIli 7. .. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of planning and Development for review and approval. .. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT .. 8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. .. .. 9. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. .. 10. That the Owner shall dedicated Blocks 165 - 168, all inclusive for park and open space purposes. .. .. 11. That the Owner shall pay to the Municipality, the full amount of development charges in accordance to the Development Charge By-law as ame~ded from time to time. i .. IIIlIli ...3 II .. ..' . .. -3- .. . ... CONDITIONS OF APPROVAL OF ANAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT (CONT'D) ... 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles ... etc. as per the Municipality's standards and criteria. .. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. ... - 14. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. ... ... 15. That the Owner shall adhere to architectural control requirements of the Municipality. ... ... 16. That prior to the issuance of building permits. the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Municipality of Clarington. ... ... ... 17. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. - ... ...4 - - ... 4 .:... >, <l 22. -4- III CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT lCONT'D) - - 18. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. ... - ... 19. That the applicant provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved. ... ... 20. That the Owner agrees in the subdivision agreement that future use Block 163 be limited to a maximum of 68 dwelling units. - 21 ... That the Owner agrees that the draft plan of subdivision cannot proceed to registration until such time as all or the internal and external municipal infrastructure works, which have been deemed necessary by the Director of Public Works to service the Port of Newcastle subdivision, have been constructed by the developer of the Port of Newcastle plan of subdivision 18T-91004 to the satisfaction of the Municipality. .. ... That the Owner agrees that the number of building permits issued for the Port of Newcastle development must be restricted to an amount which is compatible with the traffic capacity of the existing Mill Street South underpass. A phasing plan must be prepared that details the projected number of building permits available for issuance. The plan must reflect the traffic capacity available at the Mill Street South underpass as determined by the Traffic Monitoring Program which was implemented as a condition of approval of subdivision 18T -91004. The number of permits for issuance und'or the, phasing plan is subject to the approval and discretion of the Director of Public Works. .. - ... IIlIil .. . III ".."... ... - . -5- .. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTO) - ... 23. That all utilities such as hydro, telephone, cable television within the streets of this development be installed underground for both primary and secondary services. .. 24. That the undeveloped sides of Street "B" and "C" be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto those streets and any future streets which may intersect these streets must be stubbed for water, sanitary sewer and storm sewer. .. .. 25. That lots 18 and 19 remain frozen until such time as Street "K" is extended into Block .. 163 and constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewaik, street trees and street lighting for .. the entire frontage in Block 163. .. 26. That prior to the issuance of building permits for any portion of Phase II, the applicant must provide for the removal of any existing temporary turning circles within Phase I of ... the development. The applicant must reconstruct the road to urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street .. trees. .. 27. .. 28. .. That the width of the road allowances for Streets "K", uR" and "S" must be increased to 20.0 metres. .. That the legal closure of any of the existing portions of the road allowance between Broken Front Concession and Concession 1 must be carried out in accordance with the Municipality's Road Closure Policy. - 29. That the closure of the road allowance between Broken Front Concession and Concession 1 be coordinated with the long term development plan for the Waterfront Trail. ...6 - .. . .... l.. '" .. ~ -6- .. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDMSION AGREEMENT (CO NT' D) - III 30. That the junction of Street B and Toronto Street be realigned to an appropriate geometric configuration with a turning radius which is sufficient to provide a smooth and safe flow of traffic on these collector streets. .. - 31. That Block 170 be dedicated to the Municipality for stormwater management purposes. Such stormwater management works shall incorporate design and construction measures which enhance the natural environment and features associated with the Wilmot Creek Wetland and provide suitable compatibility with and ensure minimal impact to the Wilmot Creek Nature Reserve, to the satisfaction of the Director of Public Works. - .. III 32. That all services and works be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality of Clarington Development By-law 92-015 and all applicable legislation to the satisfaction of the Director of Public Works. III .. 33. That the Owner satisfy all the conditions financial or otherwise of the external agencies listed below: .. - a) b) c) the Ganaraska Region Conservation Authority; the Northumberland Clarington Public School Board; and the Regional Municipality of Durham Works Department. .. .. .. l1li .. .. - - - - - .. - - - .. - - - ... .. - - - .\ ! \ i' " \ I \' ',\ \\ 'i 0:: W 0.. (Jl < Z o Ci) - :> o CO ::J r.r; <: :> o 0:: 0.. ~ foe :;: 0:: o t<. o (Jl z o 1= ::=: Z o u C:l :I: foe ~ o lxJ '. (5 Z < ...:l 0.. o ~ r.r; ::: w 0:: .... o z z o 1= i5 z c u \ \ w z o " .:. 0:: It r1 ~ Q:; r"" ~ <:> f:! .::y ~~ ~0__ ]1 om! ,-- ~t ~ ['I ..... ~ Q; (.~ :s.... () ~, .:J" -I 'I 11 I. j I ;11 , 'I II' I ilr Illr ~:Il III f I I . I,ll ~ l ~ I lIt I f I I . {i: II Ii! · 'Iill ( I t (I [till !~l~m ! I d: .: h (, I i ~I'I Illll'I:1\ I' (. hIt i I!!! I !i!1l11l1j I, I 'IBBmmm! m' lllililJllil I /If I J!"!I!'! tea ! 1IIIItl III1 L 011111 hlllllllllh itH i 151m ! ;131 ; !~l ~ ii~~ig ~ I 111 ~~: I ~ h:lnl~ i nn .., \ t ~ .l THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 97-_ - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. III WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - .. 1. Section 15.4 'Special Exception - Urban Residential Type Four (R4) Zone" is hereby amended by adding thereto, the following new Special Exceptions 15.4.18 and 15.4.19 as follows: "15.4.18 URBAN RESIDENTIAL TYPE FOUR (R4-18) ZONE .. Notwithstanding the provisions of Section 15.2, those lands zoned R4-18 on the schedules to this By-law shall be subject to the following zone regulations: .. a) Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard III 3.0 metres 3.0 metres 3.0 metres 3.0 metres .. b) c) Lot Coverage (maximum) Landscaped Open Space (minimum) 50% 30%" ... "15.4.19 URBAN RESIDENTIAL TYPE FOUR (R4-19) ZONE Notwithstanding the piOvisions of Section 15.2, those lands zoned R4-19 on the schedules to this By-law shall be subject to the following zone regulations: .. a) Permitted Residential Uses: i) an apartment building Permitted Non-Residential Uses: i) assembly hall; ii) bakery shop; iii) bank or financial establishment, business, professional or administrative office; iv) day nursery; v) dry cleaners distribution centre; vi) eating establishment; vii) eating establishment. take-out ; viii) laundry - coin-operated; ix) library; x) medical or dental clinic; xi) parking lot; xii) place of entertainment; xiii) place of worship; xiv) printing or publishing establishment; I xv) private club; xvi) retail commercial establishment; xvii) school commercial; xviii) service shop, light; xix) service shop, personal; III .. b) - - - .. III .. '. .' . - ... - ... - ... ... .. 2. ... ... - ... ... 3. ... - 2 - xx) supermarket; xxQ theatre; xxiQ veterinary clinic. c) Regulations for Residential Uses i) Front Yard (minimum) ii) Interior Side Yard (minimum) iii) Exterior Side Yard (minimum) iv) Rear Yard (minimum) v) Lot Coverage (maximum) vi) Landscaped Open Space (minimum) 3.0 metres 3.0 metres 3.0 metres 3.0 metres 60% 20% d) Regulations for Non-Residential Uses i) Front Yard (minimum) ii) Interior Side Yard (minimum) iii) Exterior Side Yard (minimum) iv) Rear Yard (minimum) v) Lot Coverage (maximum) vi) Landscaped Open Space (minimum) vii) Retail Roor Space (maximum) viii) Business. professional or administrative floorspace (maximum) 3.0 metres 3.0 metres 3.0 metres 3.0 metres 60% 20% 2000 square metres office 500 square metres" Section 16,5 "Special Exception - General Commercial (C1) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.23 as follows: "16.5.23 GENERAL COMMERCIAL (C1-23) ZONE Notwithstanding the provisions of Section 16.1, those lands zoned C1-23 on the schedules to this By-law shall be subject to the following zone regulations: a) Permitted Residential Uses: i) an apartment building b) Permitted Non-Residential Uses: i) assembly hall; ii) eating establishment; iii) eating establishment. take-out; iv) place of entertainment; v) theatre; vi) hotel or motel with a maximum of 250 rooms Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1-39)" ... "Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1-40)" .. "Agricultural (A)" to "Holding - Urban Residential Type Two Special Exception ((H)R2-10)" "Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4-18)" - "Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4-19)" "Agricultural (A)" to "Holding - Environmental Protection Special Exception ((H)EP-1)" - - '" .,Y'.'.., J ~ .. - 3 - "Holding - Urban Residential Type Three Special Exception ((H)R3-4)" to "Holding - Environmental Protection Special Exception ((H)EP-1)" ... "Holding - Urban Residential Type Three Special Exception ((H)R3-4)" to "Holding - General Commercial Special Exception ((H)C1-23)" ... "Holding - Urban Residential Type Four Special Exception ((H)R4-5)" to "Holding - General Commercial Special Exception ((H)C1-23)" ... "Environmental Protection (EP)" to "Holding - Environmental Protection Special Exception ((H)EP-1)" - "Holding - Special Purpose Commercial - Special Exception ((H)C5-6) to "Holding General Commercial - Special Exception ((H)C1-23)" ... 4. Schedule "A" attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. ... .. BY-LAW read a first time this day of 1997. ... BY-LAW read a second time this day of 1997. .. BY-LAW read a third time and finally passed this day of 1997. ... MAYOR ... ... CLERK .. .. .. ... ... 668 III ~ .\"\<:,~ - This is Schedule 'ftA" to By-law 97- passed this day of . 1997 A.D. . - - LOT 30 LOT 28 - I- Zz 00 - 0::_ LL(J) (J) zw wu - ~z 00 o::u m .. - f LAKE ONTARIO - - I:}}}~:d ZONING CHANGE FROM .. A" TO "(H)R1-39" ZONING CHANGE FROM "A" TO "(H)R1-40" _ ZONING CHANGE FROM "A" TO "(H)R2-1 0" p@mKf;lt~~ ZONING CHANGE FROM "Au TO "(H)R4-18" ~ ZONING CHANGE FROM .. A" TO "(H)R4-1 g" ~ ZONING CHANGE FROM "A" TO .. (H)EP-1 " ~~~~~~~~ ZONING CHANGE FROM .. (H)R3-4" TO .. (H)EP-1" , f1i,.~~~ ZONING CHANGE FROM .. EP" TO .. (H)EP-1 " ~ ZONING CHANGE FROM .. (H)R3-4" TO .. (H)C1-23" ~mHHHmH~ ZONING CHANGE FROM .. (H)R4-5" TO .. (H)C1-23" ~ ZONING CHANGE FROM .. (H)C5-6" TO .. (H)C1-23" ~ ZONING CHANGE FROM "(H)EP-1" TO "(H)C1-23" ~;~~':~~:~f~ ZONING TO REMAIN .. (H)EP-1 " ~~,J ZONING TO REMAIN cc EP" ~~ ZONING TO REMAIN .. A" .. - - - - - - NEWCASTLE VIlLAGE Cieri< Moyor - - .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW NUMBER 97-206 being a By-Law to designate a certain portion of Registered Plan 40M-1886 as not being - subject to Part Lot Control. - WHEREAS the .Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 1 to 19 all inclusive in Plan 40M-1886 registered at the Land Titles Division of Durham. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the ... Municipality of Oarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-Law. .. - 2. THAT this By-Law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: ' ... ... a) Lots 1 to 19 all inclusive on Registered Plan 40M-1886, Municipality of Oarington, Regional Municipality of Durham. - 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-Law shall be in force for a period of five (5) years ending on October 14, 2002. ... BY-LAW read a first time this 14 day of October 1997. ... BY-LAW read a second time this 14 day of October 1997. ... BY-LAW read a third time and finally passed this 14 day of October 1997. .. MAYOR .. - CLERK - .. .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 207 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle. - - 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 for DEV 97-068. - NOW THEREFORE BE IT RESOLVED 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 designation from: - ... "Holding - Urban Residential Type One ((H)R1) Zone" to "Urban Residential Type One (R1) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. - 3. THAT this By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - BY-LAW read a first time this 14th day of October 1997. - BY-LAW read a second time this 14th day of O"c-c~lrer '-, 1997. ... BY-LAW read a third time and finally passed this 14th day of October 1997. ... - MAYOR ... CLERK - - - This is Schedule teA" to By-law 97- 207 passed this 14th day of OCTOBER . 1997 A.D. .. . ... LOT 11 , CONCESSION 2 N71'S6'30"E 89.348 ... N ... - Cl Z '" ... ... ... - IIIIIi ('.'""\U~ t"I~'},. ... Iv\~ \'!>o.". ~" 6'},.O~ ~O~~~ ~6r"''!l \,O~G I2'Z1 ZONING CHANGE FROM CC (H)R1" TO CC R1" 1:-:-:-:-:-:-:.:.1 ZONING TO REMAIN CC R1 " ... .. .. \.Iayor o ~ -- - - 50 40 30 20 10 0 25 50m I ... Clerk IIIIIi LOT 12 --JI , LOT 11 LOT 10 t ,.. \ BOWMANVILLE ... ... N Z o en en w () z o () ... till t till .. IIIIIi .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 208 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the - Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it - advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application DEV 97-077; - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type One ((H)R1)" to "Urban Residential Type One (R1)" zone, as shown on the attached Schedule "A" hereto. - - 2. Schedule "A" attached hereto shall form part of this By-law. .. 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. .. .. BY-LAW read a first time this 14th day of October 1997. .. BY-LAW read a second time this 14th day of October 1997. ... BY-LAW read a third time and finally passed this 14 day of October 1997. .. ... MAYOR .. - CLERK - - This is Schedule ''A'' to By-law 97 - 208 passed this 14th day of October 1997 A.D. .. , ... - - f't) z o - C/) C/) w o z o o - .. .. .. BLOC~ I Z7 NA~tI ROAD _._._,-,- ".., tr., \ ~.;::; I ~::::::::::::::::l ZON I NG CHANGE FROM lIe H) Rill TO II Rill ~ ZONING TO REMAIN II R2-4 II ~~~ ZONING TO REMAIN IIEP" rill ... .. Mayor Clerk IIIIi LOT 33 LOT 32 LOT 31 COURTlCE .. z o en en w u z o u - ... ... N t ... IIIiI .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #97- 209 ... - Being a By-law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller in respect of a lease of premises situated at 247 King Street East, Newcastle, Ontario. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: .. 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, an Offer to Lease Agreement between Claude Miller and Said Corporation; and .. 2. THAT this agreement attached hereto as Schedule "B" form part of this By-law. - By-law read a first and second time this 14th day of October, 1997. By-law read a third time and finally passed this 14th October, 1997. day of .. Mayor .. Clerk - .. ... ... .. .. .. - - - SCHEDULE "B" - THIS INDENTURE made in triplicate the first day of September, 1997. BETWEEN: - and - .. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT .... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART .. CLAUDE MILLER herein called the LESSEE of the SECOND PART. ... WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor doth demise and lease unto the Lessee, the apartment above Fire Hall #2, 247 King Street East, former Village of Newcastle, now in the Municipality of Qarington, from month to month. lIllIIi - The Lessee covenants with the Lessor to provide postdated cheques for the term of the Agreement and to pay $577.50 rent, monthly and every month unto the Lessor commencing on September 1, 1997 to August 31, 1998 and will not assign or sub-let without leave, which leave shall be reasonable withheld. The Lessor will review the rental rate annually and will provide written notice to the Lessee of any inflationary increase in rent for the subsequent year by June 1st. of each year, to be effective September 1st. of each year. That any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may, if intended for the Lessee, be given by a writing left at the demised premises or mailed by registered mail addressed to the Lessee at the demised premises, and if intended for the Lessor by a writing left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. PROVIDED further and it is hereby agreed that should the Lessee hold over after the expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shall hold the said premises as a monthly tenant only of the Lessors but subject in all other respects to the terms and conditions of the lease. The words importing the singular number only shall include the plural, and vice versa, and words importing persons shall include firms and corporations and vice versa. Unless the context otherwise required, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and where there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. NOTICES OVER HOLDING .. lIllIIi IIIIIiI IIIIIiI III ... .. -' lIllIIi .. .. .. ... - - .. - ... .. ... .. .. .. ... -.. ... .. - - - ... Page - 2 - The Lessee covenants that he will not do or permit to be done on the said premises, anything which may be a nuisance, and that the Lessee will use and occupy the said premises and will not carry on or permit to be carried on therein any trade or business. The Lessee covenants that he will not do or permit to be done any act or thing which may made void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increase or additional premium to be payable for any insurance. The Lessee shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the building, yards, or passages of the said premises, and will at all times keep the said premises in clean and wholesome conditions, and the said Lessor may enter and view the state of repair. Provided that in the event of the destruction or partial destruction of the said premises, the Lessor may declare the term hereby granted to be forthwith terminated and in such event rent shall be payable up to the time of such destruction. AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only expected PROVIDED that notwithstanding anything herein contained the Lessor's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made. The said Lessor further covenants with the Lessee: (a) during the term of this lease, whenever heat is reasonably required, to heat the premises so as to keep such premises at a reasonable temperature; (b) to provide water and sewer services; (c) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto; and (d) to provide during the term of this lease one (1) parking space for the exclusive use of the Lessee, this space to be assigned by the Area Fire Chief. HOLD HARMLESS ,i~, The Lessee shall indemnify and save harmless the Lessor and all persons for whom it is law responsible from any and all liabilities, damages, costs, claims, suits or actions arising out of: any damage to property including loss of use thereof, and any injury to any person or persons, including death resulting at any time therefrom, occasioned by any act or omissions of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees, or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever, except where such damage or injury is due to the act, default or negligence of the Lessor, its officers, agents, servants, employees, contractors, customers, invitees or licensees. III Page - 3 - IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON IIIIIIi III Mayor Clerk IIIIi Mr. Qaude Miller .. .. IIIIIIi IIIIIIi IIIIIIi ... - III ... III - IIIIIIi ... III IIIIIIi - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. BY-LAW NUMBER 97- 210 - Being a By-law to authorize a contract between Brennan Paving & Construction Limited, Markham, Ontario, for the Sidewalk Replacement - Duke Street, Bowmanville and Sidewalk Replacement' and Extension - Centre Street, Orono. - 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 Oarington, and seal with the Corporation Seal, a Contract between Brennan Paving & Construction Limited and said Corporation; and - 2. THAT this agreement attached hereto as Schedule "A" fonn part of this By-law. - By-law read a first and second time this 14 day of October, 1997. - By-law read a third time and finally passed this 14 day of October, 1997. - Mayor .. Clerk .. .. ... ... .. - - - - ... .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 97-211 - - Being a By-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and The Bowmanville Lions Club, Bowmanville, Ontario for the purchase of the Lions Centre, at 26 Beech Street, Bowmanville. - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACfS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a purchase agreement between The Bowmanville Lions Club and said Corporation. - 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. - By-law read a first and second time this 14 day of October, 1997. - By-law read a third and finally passed this 14 day of October, 1997. ... Mayor ... Clerk ... - ... ... ... ... - - - ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 212 .. - Being a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and Oshawa/Oarington Adult for Community Living Association in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville - 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 Oarington with the Corporation Seal, a Leasing Agreement with Oshawa/Clarington Adult for Community Living Association and said Corporation. - 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. - By-law read a first and second time this 14 day of October, 1997. .. By-law read a third time and finally passed this14 day of October, 1997. .. .. Mayor .. Clerk .. .. ... .. .. - - - .. THIS LEASE dated as of the _ day of Short Forms of Leases Act. , 1997, in pursuance of the .. BETWEEN: The Corporation of the Municipality of Clarington .. (hereinafter called the "Landlord") II1II - and - Oshawa/Clarington Adult for Community Uving Association .. (hereinafter called the "Tenant") .. WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the designated space located in the building known as the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). IIIIIIIl NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: .. iii 1. Term ... (a) The Tenant shall have and hold as tenant for a period of one (1) year commencing September 2, 1997 and ending August 30, 1998 (hereinafter called the "Term"). ... 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. ... The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fIxtures and equipment thereon and (ii) any nuisance in, at or on the Premises. ... The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. ... - - IlII IIIlIi ... - - 2- - 3. Basic Rent - During the Term, the Tenant shall pay to the Landlord annual minimum rent ("Basic Rent") in an amount equal to (i) Three Hundred and Thirty '!\vo Dollars and Fifty Cents ($332.50) per month. - Basic Rent shall be payable in monthly instalments, each payable on the first day of each month, provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. - Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate apportionment and adjustment shall be made. - 4. Lessor's Responsibilities .. The Lessor acknowledges covenants and agrees to: i) operation, maintenance and repairs to heating ventilation and air conditioning equipment; - ii) to provide all utilities to the designated area, including hot and cold water, gas, electricity and sewer charges; - iii) snow removal and exterior maintenance; iv) costs of any repairs to the structural envelope of the building; and - v) annual inspection of fire safety equipment in accordance with applicable codes and regulations. - 5. Tenant's Responsibilities i) to operate Monday to Friday during normal business hours for recreational and educational activities for their clients and at other times in co-operation with the Youth Centre including weekends and evenings; - .. ii) to share tenancy with the-;lohn Howard Society in the administrative operations on a daily basis and to respect programming opportunities for youth activities on evenings and weekends; ... iii) total occupancy of the apparatus bay is not to exceed 90 persons; .. iv) music noise and related activities must be kept to reasonable levels in respect of the quiet of the community; v) all parties will respect all municipal and provincial legislation, and in particular By- law #91-20; and ... vi) no drugs, alcohol, or smoking will be allowed in the premises. - - .. .. - 3 - .. 6. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis after the Owner completes renovations in accordance with the O.B.C. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. III III III ... 7. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make, any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: III .. (i) before undertaking any alteration or addition that the Tenant may require, the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and III IIlIiI (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. IIIIi (b) The Tenant shall be responsible for and pay the cost of any of their alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. IIIIi (c) .. No sign, advertisement or notice shall be inscribed, painted or affIXed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. ... (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. IIlIiI (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. ... ... IIIIiI III - - 4 - - 8. Insurance and Indemnification - (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. - - - (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his - ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: (ii) insurance in his own name insuring against the risk of damage to the Tenant's - property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvement; and - (iii) public liability and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; - ~nd the Tenant shall provide the Landlord with a copy of the policy certified by the Insurer. .. 9, Damage and Destruction - If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; - - - 10. Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment. - - - - ... - 5 - 11. Government Requirements .. The Tenant shall, at its sole cost and expense, during the Term: .. (a) observe and comply with all applicable governmental laws and regulatioris including, , without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; . .. ... (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and .. (c) carry out all modifications, alterations or changes to the Premises and the Tenant's conduct of business in or use of the Premises which are required by any such authorities. - The Tenant shall indemnify and hold the Landlord harmless against any penalty or fme imposed for any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. .. 12. Default .. The following events ("Events of Default") shall be deemed a default (a "default") under this Lease: .... (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due, no later than five (5) days following the respective due date; .... (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to'the Tenant specifying such default and requiring the Tenant to remedy the default; .. (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent, and the Tenant receives written notice from the Landlord specifying such default; .. - (d) If the Tenant makes an assignment for the benefit of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of, the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant" shall mean the Tenant and any person carrying on'business in ' or occupying the whole or any part of the Premises: .. .. III (e) If the Premises becomes and remains vacant for a period offive (5) consecutive days. .. ... - - - 6 - Upon an Event of Default, the full amount of Basic Rent then owing and the current month's Basic Rent together with the next ensuing three (3)months instalments of Basic Rent and shall immediately become due and payable unless the Landlord gives written .. notice to the Tenant to the contrary. - - - - - - - - .. - - - - - - - 13. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fIxtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may' seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 14. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Leas~ at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 15, Right to Re-Iet etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the defIciency to the Landlord. The defIciency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. .. - 7 - ... 16. Damages If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. III III 17. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute ' or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. III ... 18. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. ... - ... (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. ... ... 19. Covenants ... Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. .. 20. Time of Essence .... Time shall be of the essence in all respects hereunder. 21. Enforceability ... If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. ... lIIIIiI .. ... -, - 8 - - 22. Notices - Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, BowmanviIIe, Ontario, LIC 3A6 - and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. ... ... 23. Parking Spaces The Lessor shaH provide five (5) parking passes for the use of the Tenant. - 24. Enurement - This Lease and everything herein contained shaH enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionaHy ... delivered this Lease as of the date first above written. ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. By: Diane Hamre, Mayor ... And: Patti L. Barrie, Clerk ... OSHAWA/CLARINGTON ADULT FOR COMMUNITY LIVING ASSOCIATION ... By: - And: ... - - - - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON - BY-lAW 97- 213 - Being a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and John Howard Society in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville - - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and aerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of aarington with the Corporation Seal, a Leasing Agreement with John Howard Society and said Corporation. - 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. - By-law read a first and second time this14 day of October, 1997. - By-law read a third time and finally passed tOO14 day of October, 1997. - Mayor .. Clerk .. - .. .. .. ... - - .. .. THIS LEASE dated as of the _ day of Short Forms of Leases Act. , 1997, in pursuance of the .. BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") .. .. - and - John Howard Society .. (hereinafter called the "Tenant") ell WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the designated space located in the building known as the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). .. NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reseIVed and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: .. .. 1. Term (a) The Tenant shall have and hold as tenant for a period of one (1) year commencing September 2, 1997 and ending August 30, 1998 (hereinafter called the "Term"). ... I11III 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. ... The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fIXtures and equipment thereon and (ii) any nuisance in, at or on the Premises. .. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. .. .. .. .. III III - - 2 - - 3. Basic Rent - During the Term, the Tenant shall pay to the Landlord annual minimum rent ("Basic Rent") in an amount equal to (i) Three Hundred and Thirty 1\vo Dollars and Fifty Cents ($332.50) per month. - Basic Rent shall be payable in montWy instalments, each payable on the first day of each month, provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. - Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate apportionment and adjustment shall be made. - 4. Lessor's Responsibilities - The Lessor acknowledges covenants and agrees to: i) operation, maintenance and repairs to heating ventilation and air conditioning equipment; - ii) to provide all utilities to the designated area, including hot and cold water, gas, electricity and sewer charges; - iii) snow removal and exterior maintenance; iv) costs of any repairs to the structural envelope of the building; and - v) annual inspection of fire safety equipment in accordance with applicable codes and regulations. - 5. Tenant's Responsibilities i) to operate Monday to Friday during normal business hours for recreational and educational activities for their clients and 'at other times as co-ordinated with respective tenants; - - ii) to share tenancy with the Oshawa Oarington Association for Community Living in the administrative operations on a daily basis and to co-ordinate programming for youth activities during evenings and weekends; - iii) total occupancy of the apparatus bay is not to exceed 90 persons; iv) music noise and related activities must be kept to reasonable levels in respect of the quiet of the community; - v) all parties will respect all municipal and provincial legislation, and in particular By- law #91-20; and - vi) no drugs, alcohol, or smoking will be allowed in the premises. - - - .. - 3 - ... 6. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis after the Owner has completed the renovations in accordance with the O.B.C. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. .. - - III 7. Alterations (a) If the Tenant, during the Terms of this Lease or any renew!ll of it, desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: III .. (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as l'Trade Fixtures" shall be designated as sun on the plan; and .. - (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. .. (b) The Tenant shall be responsible for and pay the cost of any of their alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. .. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. .. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. .. .. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. .. ... .. ... .. - 4 - .. 8. Insurance and Indemnification - (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, seIVants, employees, contractors, customers, invitees or licensees and the Tenant agrees that the foregoing indemnity shall sUIVive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. - - - (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his .. ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: (ii) insurance in his own name insuring against the risk of damage to the Tenant's - property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvement; and .. (iii) public liability and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; - and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. - 9. Damage and Destruction .. If the Premises are destroyed or damaged by fIre, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for. use and occupancy Q! impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; .. .. - 10. Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment - - - - .. - 5 - .. 11. Government Requirements The Tenant shall, at its sole cost and expense, during the Term: .. (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; .. .. (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and . (c) carry out all modifications, alterations or changes to the Premises and the Tenant's conduct of business in or use of the Premises which are required by any such authorities. .. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant js in law responsible. .. .. 12. Default The following events ("Events of Default") shall be deemed a default (a "default") under this Lease: ... (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due no later than five (5) days following the respective due date; .. (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If tile Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent, and the Tenant receives written notice from the Landlord specifying such default; .. .. .. (d) If the Tenant makes an assignment for the benefit of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection., "Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises. III .. .. e) If the Premises becomes and remains vacant for a period of five (5) consecutive days. . .. - - - - - - - - - - - - - - - - - - .. - 6 - Upon an Event of Default, the full amount of Basic Rent then owing and the current month's Basic Rent and together..with the next ensuing three (3)months instalments of Basic Rent and shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. 13. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fIxtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 14. Rie:ht of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 15. Right to Re-Iet etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting induding brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the fIrst day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to tJle Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. .. - 7 - .. 16. Damages If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time ofre-entry or termination, whichever shall be the later. .. .. 17. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. .. .. 18. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. .. - .. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. ... .. 19. Covenants .. Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. .. 20. Time of Essence .. Time shall be of the essence in all respects hereunder. 21. Enforceability ... If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. .. ... ... ... - - 8 - - 22. Notices Any notice that one party hereto may desire or be required to give to the other party hereto - shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: - 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 - and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. - 23. Parking Spaces The Lessor shall provide five (5) parking passes for the use of the Tenant. - 24. Enurement - This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. - IN WIlNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - By: Diane Hamre, Mayor - And: Patti L. Barrie, Clerk - JOHN HOWARD SOCIETY ... By: And: - - ... - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-215 - - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle. - WHEREAS the Council of the Corporation of the Municipality of Clarlngton deems it advisable to amend By-law 84-63, as amended. of the former Town of Newcastle In accordance with application DEV 88-016 to permit the development of a 1.673 m2 retail commercial plaza. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the - Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended. Is hereby further amended by changing the zone designation from: - - "Holding - Neighbourhood Commercial {{H}C2} Zone" to "General Commercial {C1} Zone" as illustrated on the attached Schedule "N hereto. .. 2. Schedule "A" attached hereto shall form part of this By-law. .. 3, THAT this By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ... BY-LAW read a first time this 14th day of October 1997. - BY-LAW read a second time this 14th -day of October 1997. BY-LAW read a third time and finally passed this day of 1997. - ... MAYOR - - CLERK - ... This is Schedule etA" to By-law 97- 215 passed this 14th day of October . 1997 A.D. LOT 30 15.182 I r l-- N70"20'30"E ~ .l:t- o ~ <( 3: It''- a I: I ~ ~j; en t<1 ~ --1 (0 1.t- --1 z p ::> "<t ~ ~ O:j2: I- ~ ~ ~ L 87.4 --I "<t N (0 r-..: 1';: b ~:- 0...... 10...... . ~ "<tN Oz lx> ......0 Z"<t ~ I' U .. . .. .. .. f'I') Z o en en w u z o u III .. .. III III I2ZI ZONING CHANGE FROM CI (H)C2" TO ee C 1 " Mayor o 10 20 ~-- 20 15 10 5 0 Clerk 40m I LOT 30 LOT 29 ... ... ... 1'0 Z o (f) (f) W () Z o () fill ... ... .. N Z 0 , (f) .. HI (f) r w () z 0 .. () COURTICE ITTl p::J rTTTTI=11T1 m .. - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 216 - being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle - WHEREAS, the Council of the Corporation of the Municipality of Oarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Oarington for DEV 88-059; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the _ Municipality of Oarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by chagning the zone category from "Holding-Urban Residential Type One ((H)R1)" to ''Urban Residential Type One (R1)" as illustrated on the attached Schedule "A" hereto. - - 2. Schedule "A" attached hereto shaH form part of this By-law. - 3. This By-law shaH come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - - BY-LAW read a first time this 14th day of October 1997. - BY-LAW read a second time this 14th day Of October 1997. - BY-LAW read a third time and finaHy passed this 14th day of October 1997. - - MAYOR - - CLERK - .. .. This is Schedule "A" to By-law 97- 216 , passed this 14th day of October ,1997 A.D. LOT 17 I '" .. ... .. ...- z o - CIJ CIJ W o z o o .. - .. IIIiIl hCll r-5 r-n 0" ~ CIl ~oCll ):;; ()I Ill, r <: +.. trg C") · 8: ^ n, :!:CIl .~-.,J ... ."" z ~; ~ ~ ZONING CHANGE FROM "(H)R1" TO "R1" Moyor - ; ... Clerk - - IIIiIl ~ IIIiIl Z 0 en IIIiIl en W , U z r .. 0 u .. BOWMANVlLLE .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW NO. 97-218 - being a by-law to authorize the closure and conveyance of the unopened portion of Old Highway No. 2 in the former Town of Bowmanville, described as Parts 1,2, and 3 Plan 40R-17727, to the Regional Municipality of Durham and Helen And Beatrice Whyte - WHEREAS Council, at its meeting of July 7, 1997, passed Resolution GPA-455-97 which approved the Recommendations in Report WD-49-97 and authorized the advertisement of a Public Hearing, as required by the Municipal Act, to close and convey the unopened portion of Old Highway No.2, in the former Town of Bowmanville, described as Parts 1, 2, and 3, Plan 40R-17727; WHEREAS Council, at its meeting of July 7, 1997, declared the property to be surplus and established the selling price at $8,000. plus all costs associated with the transaction; WHEREAS the notice of a Public Hearing to be held by Council to consider this by-law was advertised in the local newspaper on September 3, 10, 17 and 24, 1997; - - - - WHEREAS notice of Council's intention was sent to the Regional Municipality of Durham by Registered Mail on 1997 and approval was received by the Clerk by Registered Mail on , 1997. NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON that the unopened portion of Old Highway No.2, in the former Town of Bowmanville, described as Parts 1, 2, and 3, Plan 40R-17727, is hereby stopped up and closed and authorized to be conveyed as follows: Part 1 to be conveyed to the Regional Municipality of Durham Parts 2 and 3 to be conveyed to Ronald and Beatrice Whyte. BY-LAW read a first and second time this 14th day of October, 1997. - - - BY-LAW read a third time and finally passed this 14th day of October, 1997. - MAYOR - CLERK - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-m ,/ II being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. , - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Section 15.4 "Special Exception - Urban Residential Type Four {R4} Zone" is hereby amended by adding thereto, the following new Special Exceptions 15.4.18 and 15.4.19 as follows: "15.4.18 URBAN RESIDENTIAL TYPE FOUR {R4-18} ZONE - - Notwithstanding the provisions of Section 15.2, those lands zoned R4-18 on the schedules to this By-law shall be subject to the following zone regulations: - a) Yard Requirements {minimum} i) Front Yard 3.0 metres ii} Interior Side Yard 3.0 metres - iii) Exterior Side Yard 3.0 metres iv) Rear Yard 3.0 metres - b) Lot Coverage {maximum} 50% c) Landscaped Open Space (minimum) 30 %" - "15.4.19 URBAN RESIDENTIAL TYPE FOUR {R4-19} ZONE Notwithstanding the provisions of Section 15.2, those lands zoned R4-19 on the schedules to this By-law shall be subject to the following zone regulations: - a) b) Permitted Residential Uses: i) an apartment building Permitted Non-Residential Uses: - i) ii) iii) - iv) v) vQ viQ viiQ ix) x) xi) xiQ xiii) xiv) xv) XVI) xvii) xviii) xix) - - - - - assembly hall; bakery shop; bank or financial establishment, business, professional or administrative office; day nursery; dry cleaners distribution centre; eating establishment; eating establishment, take-out ; laundry - coin-operated; library; medical or dental clinic; parking lot; place of entertainment; place of worship; printing or publishing establishment; private club; retail commercial establishment; school commercial; service shop, light; service shop, personal; "Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1-39)" "Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1-40)" "Agricultural (A)" to "Holding - Urban Residential Type Two Special Exception ((H)R2-10)" "Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4-18)" "Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4-19)" "Agricultural (A)" to "Holding - Environmental Protection Special Exception ((H)EP-1)" 2. 3. .. - 2 - xx) supermarket; xxi) theatre; xxii) veterinary clinic. " .. , .. c) Regulations for Residential Uses i) Front Yard (minimum) ii) Interior Side Yard (minimum) iii) Exterior Side Yard (minimum) iv) Rear Yard (minimum) v) Lot Coverage (maximum) vi) Landscaped Open Space (minimum) .. 3.0 metres 3.0 metres 3.0 metres 3.0 metres 60% 20% .. d) Regulations for Non-Residential Uses i) Front Yard (minimum) ii) Interior Side Yard (minimum) iii) Exterior Side Yard (minimum) iv) Rear Yard (minimum) v) Lot Coverage (maximum) vi) Landscaped Open Space (minimum) vii) Retail Floor Space (maximum) viii) Business, professional or administrative f100rspace (maximum) 'III 3.0 metres 3.0 metres 3.0 metres 3.0 metres 60% 20% 2000 square metres office 500 square metres" .. III Section 16.5 "Special Exception - General Commercial (C1) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.23 as follows: filii "16.5.23 GENERAL COMMERCIAL (C1-23) ZONE Notwithstanding the provisions of Section 16.1, those lands zoned C1-23 on the schedules to this By-law shall be subject to the following zone regulations: filii a) Permitted Residential Uses: i) an apartment building filii b) Permitted Non-Residential Uses: i) assembly hall; ii) eating establishment; iii) eating establishment. take-out; iv) place of entertainment; v) lfieatre; vi) hotel or motel with a maximum of 250 rooms filii filii Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: filii .. .. ... .. ... - - 3 - - - "Holding - Urban Residential Type Three Special Exception ((H) R3-4) " to "Holding - Environmental Protection Special Exception ((H)EP-1)" "Holding - Urban Residential Type Three Special Exception ((H)R3-4)" to "Holding - General Commercial Special Exception ((H)C1-23)" "Holding - Urban Residential Type Four Special Exception ((H)R4-5)" to "Holding - General Commercial Special Exception ((H)C1-23)" - - "Environmental Protection (EP)" to "Holding - Environmental Protection Special Exception ((H)EP-1 )" "Holding - Special Purpose Commercial - Special Exception ((H)C5-6) to "Holding General Commercial - Special Exception ((H)C1-23)" -' 4. Schedule "A" attached hereto shall form part of this By-law. - 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. - - BY-LAW read a first time this 14th day of October 1997. - BY-LAW read a second time this 14th day of October 1997. BY-LAW read a third time and finally passed this 14th day of October 1997. - - MAYOR - - CLERK - - - - - This is Schedule ccA" to By-law 97-219 passed this 14th day of October t 1997 A.D. . t .. J LOT 28 .. - f- '2 02 0::0 l1..(J) (J) 2W WU ~2 00 o::U m - - - - t .. LAKE ONTARIO - l:~ft:~fff ZONING CHANGE FROM "A" TO et (H)R1 ~39" . ZONING CHANGE FROM tt A" TO et (H)R1-40" _ ZONING CHANGE FROM "Au TO et(H)R2-10" ~~~~~. :. ZONING CHANGE FROM "A" TO "(H)R4-18" ~ ZONING__CHANGE FROM etA" TO "(H)R4-19" ~ ZONING CHANGE FROM "A" TO et (H)EP-1 " ~~~~~~~ ZONING CHANGE FROM tt (H)R3-4" TO tt (H)EP-1" ~~~~ ZONING CHANGE FROM et EP" TO et(H)EP-1" ~ ZONING CHANGE FROM tt (H)R3-4" TO tt (H)C1-23" 19~ilmmmf ZONING CHANGE FROM et (H)R4-5" TO "(H)C1-23" ~ ZONING CHANGE FROM et (H)C5-6" TO et (H)C1-23" ~ ZONING CHANGE FROM et (H)EP-1" TO et(H)C1-23" ZONING TO REMAIN tt (H)EP-1 " f~~~ ZONING TO REMAIN et EP" ~~~ ZONING TO REMAIN etA" IlIlli .. IlIlli IlIlli .. IlIlli III III t.\C"for NEWCASTLE VIllAGE Clerk -