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HomeMy WebLinkAbout03/10/1997 HIE COfiPORATION OF THE MUNlCII'^UTY ur CLMmJGTOr~ Mel noranrJUJTl To: From: Mayor Hamre and Members of Council D(1te: Marie P. Knight, C.M.O., CMM II Subj(>(;t: March 10, 1997 COUNCIL AGENDA - ITEM D-15 Please note that Items D-15 and D-16 circulated to you confidentially are one and the same. Please discard Item D-16. Also, as requested by the Treasurer, will you please change the suggested recommendation for Item D-15 on your yellow sheet to the following: Confidential Item D-15 THAT the correspondence dated February 24, 1997 from Joe Fried, Meyer, Wassenaar & Banach regarding a confidential property matter, be received; THAT the correspondence be referred to the Treasurer to complete the application and forward it to the Assessment Office; and THAT Joe Fried be advised of Council's decision. Respectfully submitted, Marie P. Knight Deputy Clerk c.c. - Chief Administrative Officer Department Heads I To: From: Date: Subject: '"='" '-. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Mayor Diane Hamre and Members of Council Franklin Wu, M.C.!.P., R.P.P., Director of Planning and Development 10 March 1997 TREE PRESERVATION BY-LAW I understand that there has been some concerns with respect to the proposed by- law as it applies to farmers. In this regard, I would ask that Item 6 of General Purpose and Administration Report #1 be tabled to the next Council meeting. In addition, By-law 97-35 on your agenda should be withdrawn. I will review the concerns raised and prepare a new by-law for Council adoption. Thank you. d f &----&~-~ Frank *jip CC: CC: Bill Stockwell, Chief Administrative Officer Patti Barrie, Clerk I . I I I I I I I . I . . I . I I I . PRAYERS ROLL CALL /'i), M~NICIPALlTY OF V_,ar.ngton. - ONTARIO DATE: MARCH 10, 1997 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS DECLARATIONS OF INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on February 24, 1997. DELEGATIONS 1. Don Welsh R.R. #4, Bowmanville, L1C 3K5 - Report PD-31-97 - Tree Preservation By-law. COMMUNICATIONS Receive for Information I - 1 1-2 I - 3 I - 4 I - 5 Correspondence received from A. Anne McLellan, Minister of Natural Resources - Resolution Regarding the Town of Deep River; Correspondence received from Emil Kolb, Regional Chair and Chief Executive Officer, The Regional Municipality of Peel - Proposed Exclusion of Hospital Services from Development Charges Under Bill 98; Minutes of a meeting of the Central Lake Ontario Conservation Authority held on February 18, 1997; Correspondence received from Nestor Chornobay, Director, Strategic Planning Branch, Regional Municipality of Durham - Commissioner's Report No. 97-P-22, Authorization to Initiate an Amendment to the Durham Regional Official Plan, Clarington Official Plan, LOPA-C-96001, Deferral No. 32; News Release received from the Greater Toronto Area Federal Liberal Caucus entitled "GTA Caucus Urges Caution on Housing Talks"; @ CORPORATION OF THE MUNICIPALITY OF CLARINGTON "0 TEMPERANCE STREeT. BOWMANVILLE -ONTARIO. ltC 3,1,6. (US) 623-3379. FAX 623-4169 IIIC"C~IO "A"lft council Agenda COMMUNICATIONS I - 6 I - 7 I - 8 I - 9 I - 10 I - 11 ~: I - 12 I - 13 I - 14 I - 15 I - 16 - 2 - March 10, 1997 Municipal Alert received from the Association of Municipalities of Ontario entitled "Transition Teams for Who Does What Reforms Announced"; Correspondence received from E. Marshall Pollock, Ontario Video Gaming Corporation - Video Lottery Terminals (VLTs) ~ A Balanced Perspective; News Release received from the Association of Municipalities of Ontario entitled "Municipalities to Have a Say as Partners on Who Does What Reforms"; Correspondence received from W.J. Storks, 11 King Street, Newcastle, L1B 1H3, addressed to Mr. D. Malowney, Director of Education, Northumberland & Clarington Board of Education - Demolition of Newcastle Public School; News Release received from the Ministry of Finance entitled "Fair Municipal Finance Act - Eliminating Business Occupancy Tax"; News Release received from The Ontario Traffic Conference entitled "Seize the Opportunity" - OTC Annual Convention; News Release received from the Federation of Canadian Municipalities entitled "FCM Looks to Federal Government For Long Term Strategic Plan on Municipal Infrastructure"; News Release received from the Federation of Canadian Municipalities entitled "Federal Budget Still Discriminates Against Public Transit"; Correspondence received from Novina Wong, Metropolitan Clerk, Municipality of Metropolitan Toronto - Resolution for Federation of Canadian Municipalities (FCM) on Municipal Protection of Rail Corridors; Correspondence received from Doug Raven, Executive Director, Association of Municipalities of Ontario - Important Changes to AMO's Resolutions Process; Municipal Alert received from the Association of Municipalities of Ontario entitled "Bill 98 - Developmerit Charges Act"; . . I I I I I I . I I . . I I I I I I I I . I I . I . I . I I I . . . I I I Council Agenda COMMUNICATIONS I - 17 I - 18 I - 19 I - 20 I - 21 - 3 - March 10, 1997 Correspondence received from Walter Taylor, Clerk, Township of Uxbridge - Establishment of a G.T.S.B. Greater Toronto Services Board; Correspondence received from Stephanie Sanborn, Administrator, Newcastle Health Care Centre _ Accreditation Award; News Release received from the Ganaraska Region Conservation Authority entitled "Ganaraska Region Conservation Authority Board Elects Ann Dreslinski as Board Chairperson"; Correspondence received from Denis Kelly, City Clerk, City of North York - Impact of Recent Provincial Announcements - January 13 - 17, 1997; and Notice of Proposed Decision With Respect to Additional Parts of the Official Plan of the Municipality of Clarington. Receive for Direction D - 1 D - 2 D - 3 D - 4 D - 5 Correspondence received from Lois Corbett, Executive Director, Toronto Environmental Alliance - Deposit Return System for Soft Drink Containers; Correspondence received from Bruce Taylor, Town Clerk, Town of Pickering - Resolution reo Pooling of Property Taxes; Correspondence received from Steven F. Brickell, City Clerk, City of peterborough - "Mega Week" Changes in Funding Services; Application to Manage and Conduct a Break Open Ticket Lottery received from the Bowmanville Badgers Ladies Fastball Association; Correspondence received from David Tesluk, 20 Landerville Lane, Bowmanville, L1C 4W8 _ Concerns re: Report PD-27-97, West Bowmanville Developments; Council Agenda .'~;~; COMMUNICATIONS D - 6 ) D - 7 D - 8 D - 9 D - 10 D - 11 D - 12 D - 13 D - 14 D - 15 MOTION NOTICE OF MOTION REPORTS - 4 - March 10, 1997 Correspondence received from Dennis Wright and Frances Walmsley, Presidents of the Durham Region/Scarborough M.E. Association - Requesting Proclamation of M.E. Awareness Day; Correspondence received from Robert J. Marshall, KX96FM - Application to the CRTC to Increase Its Power to Cover the entire GTA; Correspondence received from Steve Stewart, President, Canadian Red Cross - Requesting Proclamation of Red Cross Month; Correspondence received from Frank Murphy, Executive Director, Head Injury Association of Durham Region - Requesting Waiver of Ice Time Fee; Correspondence received from Donald G. McKay, Clerk, Town of Whitby - Resolution re: Provincial Hospital Health Care Funding; Correspondence received from John R. O'Toole, MPP, Durham East - Greater Toronto Services Board; Correspondence received from Preston Manning, M.P., Leader, Reform Party of Canada, entitled "Pledge to Local Government"; Correspondence received from Dr. Kathlynn Hoch, Clinic Director/Certified Rehabilitation Consultant - Fluoride in Drinking Water; Correspondence received from Doug Hately, 3 First Street, Bowmanville - Fluoride in Drinking Water; and Correspondence received from Joe Fried, Meyer, Wassenaar & Banach, Barristers & Solicitors _ Confidential Property Matter (To be distributed under separate cover). 1. General Purpose and Administration Committee Report of March 3, 1997; I I ;..~( . I . . I I . I . . I I I I I I I I I I . . I .. . I . . . I I I I I I I I . Council Agenda REPORTS - 5 - f'"March 1.0, 1.997 2. Confidential Report CD-1.3-97 - Legal Matter (To be distributed under separate cover); and 3. Confidential Report CD-14-97 - Legal Matter (To be distributed under separate cover) . UNFINISHED BUSINESS BY-LAWS 97-35 97-36 97-37 97-38 97-39 97-40 97-41. being a by-law to prohibit or regulate the destruction of trees in the Municipality of Clarington (Item #6 of Report #1.); being a by-law respecting Adult Entertainment Parlours (Item #7 of Report #1.); being a by-law to amend By-law 96-32, a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees (Item #8 of Report #1.); being a by-law to layout and establish certain lands and premises within the Municipality of Clarington as public highway and to assume such public highways for public use (Item #10 of Report #1); being a by-law to layout and establish certain lands and premises within the Municipality of Clarington as public highway and to assume such public highways for public use (Item #1.0 of Report #1.); being a by-law to assume certain public highways within the Municipality of Clarington for public use (Item #1.0 of Report #1.); being a by-law to authorize the Municipality of Clarington to apply to be owner of a portion of Old Scugog Road and to assume such portion of the public highway for public use (Item #1.0 of Report #1.); . Council Agenda BY-LAWS 97-42 97-43 97-44 97-45 97-46 97-47 97-48 97-49 97-50 97-51 - 6 - I I I I I . . I I I I I . . I I . I I March 10, 1997 being a by-law to authorize the Municipality of Clarington to apply to be owner of the local roads within Plan 40M-774 and to assume such local roads for public use (Item #10 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Mill Street, Newcastle) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Prospect Street, Bowmanville) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Nichols Road) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Nichols Road) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Cedar Park Road) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Jackman Road, Bowmanville). (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Old Scugog Road) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Lakeshore Road) (Item #12 of Report #1); being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Providence Road) (Item #12 of Report #1); and I I I I I I I I I . I I I I I I . I I Council Agenda BY-LAWS 97-52 OTHER BUSINESS - 7 - March 10, 1997 being a by-law to authorize the restriction of weight of vehicles passing over specific bridges within the Municipality of Clarington (Holt Road) (Item #12 of Report #1). ADJOURNMENT BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL I I I . I MUNICIPALITY OF CLARINGTON Council Minutes February 24, 1997 Minutes of a regular meeting of Council held on Monday, February 24, 1997, at 7:00 p.m., in the Council Chambers PRAYERS CounciUor Scott led the meeting in prayer. ROLL CALL I . I . I . I I I I I I I I Present Were: Mayor D. Hamre Councillor C. Elliott Councillor P. Pingle Councillor D. Scott Absent: Councillor A. Dreslinski (On Municipal Business) Councillor L. Hannah (On Regional Business) Councillor M. Novak (On Municipal Business) Also Present:. Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana (Attended until 8:02 p.m.) Fire Chief, M. Creighton (Attended until 8:02 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes (Attended until 8:02 p.m.) Director of Planning and Development, F. Wu (Attended until 8:02 p.m.) Clerk, P. Barrie DECLARATIONS OF INTEREST There were no declarations of interest stated for this meeting. Mayor Hamre advised Members of Council that B.R.I.C. Engineered Systems has recently been designated as an ISO 9000 Critical Supplier by Kodak Canada. They have recently been awarded a contract by Kodak to develop software for the Quality Control of Motion Picture Film using Statistical Process Control (SPC) technology. MINUTES OF PREVIOUS MEETINGS Resolution #C-102-97 Moved by Counclllor PingIe, seconded by Councillor Scott THAT the minutes of a regular meeting of Council held on February 10, 1997, be approved. "CARRIEDl1 Council Minutes DELEGATIONS , COMMUNICATIONS . - 2- February 24, 1997 Mary Howard, Vice Chairman, Bethesda House Board of Directors, addressed Council on behalf of Diane Goff, Chairman. Mrs. Howard described to Members of Council the services which Bethesda House offers to abused women and children and detailed some of their history and experiences. She indicated that the Oshawa Motor City Kinsmen Club provided a one-time grant in the amount of $16,000 which assisted with start-up of childrens' programs. In order to continue with the programs, the organization has filed a grant application with the municipality and Mrs. Howard requested that Council look favourably upon their request during budget deliberations. Karl Gottwald, 23 Ivan Road, West Hill, M1C 1V1,-was called but was not present. Fred Kiy, 3 Old Kingston Road, Courtice, LIE 2R8, addressed Council with respect to the manner in which snow is removed from the roads. He indicated that his boulevard is only 11 112" wide and, therefore, unable to accommodate all of the snow ploughed off of the road. Also, with being on a comer lot, the snow from two streets is dumped on his boulevard and comes across the sidewalk. Mr. Kiy questioned the Public Works policy regarding cleaning of sidewalks in a case where the boulevard is not large enough to handle the amount of snow being cleared from the road. Uoyd Stephenson, 106 King Street East, Newcastle, LIB 1H5, expressed concern with a lack of co-operation between the agencies clearing snow on the town roads and the sidewalks. He stated that in the climate in which we live, we cannot expect anyone to live up to the municipality's snow clearing by-law and, in fact, many senior citizens find the by-law to be very intimidating. When questioning the Public Works Department regarding the snow clearing, Mr. Stephenson stated that he had been advised that all of the equipment which was to be used was out of seIVice and he, therefore, suggested that the type of equipment and level of service should be specified when the tender is awarded. Uoyd Stephenson also addressed Council with respect to the Port Granby Dump and made a suggestion that if clean fill was dumped over the bank, erosion protection from the lake could be built over time, thereby alleviating the need to spend $13 million to build a cement breakwater. Resolution #C-1U3-97 .- Moved by Councillor Elliott, seconded by Councillor Scott THAT the communications to be received for information be approved. 1tCARRIEOI1 I I I I I I I I I I I I I I I I I I I I I I I I Council Minutes COMMUNICATIONS D -1 Proclamation of Cancer Month M02.GE I I I I I I I I I I I I I I D-2 Request to Fly the Literacy Council of Durham Region Flag at the MAC M02.GE D-4 Heritage Community Recognition Program M02.GE - 3- February 24, 1997 Resolution #C-104-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated February 3, 1997, from Don Yeo, President, Canadian Cancer Society requesting Proclamation of Cancer Month, be received; THAT the month of April be proclaimed "Cancer Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT permission be granted for the Cancer Society to fly their flags in Bowmanville, Newcastle and Conrtice during Cancer Month; THAT April 3, 4 and 5 be declared "Daffodil Days" in the Municipality of Clarington; and THAT Don Yeo be advised of Council's decision. "CARRIED" Resolution #C-105-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated January 27, 1997, from Carol Shepherd, Director, Literacy Council of Durham Region R.EAD. Chapter regarding Family Literacy Week in the Regional Municipality of Durham be received; THAT permission be granted to the Literacy Council of Durham Region R.E.AD. Centre to fly their flag in the Town Square during the period February 22 to March 2, 1997; and THAT Carol Shepherd be advised of Council's decision. IICARRIED" Resolution #C-106-97 Moved by Councillor Pingle, seconded by Councillor Scott , THAT the correspondence dated February 6, 1997, from Joanna Bedard, Chair, Ontario Heritage Foundation, inviting the municipality to participate in the Ontario Heritage Foundation's second annual Heritage Community Recognition Program, be received; THAT the correspondence be referred to Janie Dodds, Chair, Loca1 Architectural Conservation Advisory Committee for review and appropriate action; and THAT Joanna Bedard be advised of Council's decision. "CARRIED" Council Minutes COMMUNICATIONS D - 5 Proclamation of New Homes Month M02.GE D -7 Proclamation of Freedom to Read Week M02.GE ,. D -10 Request for Financial Contribution F11.CH. - 4 - February 24, 1997 Resolution #C-107-97 Moved by Councillor Pingle, seconded by Councillor Scott lHAT the correspondence dated February 5, 1997, from John A. Stotts, Executive Officer, Oshawa-Durham HomeBuilders' Association, be received; lHAT the month of April be proclaimed "New Homes Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and lHAT John A. Stotts be advised of Council's decision. lICARRIEDlt Resolution #C-I08-97 Moved by Councillor Pingle, seconded by Councillor Scott lHAT the correspondence dated February 11, 1997, from Stephanie Creighton, Chairman, Clarington Public Library Board, regarding Freedom to Read Week, be received; lHAT the week of February 24 to March 2, 1997, be proclaimed "Freedom to Read Week" in the Municipality of CIarington and advertised in accordance with municipal policy; and lHAT Stephanie Creighton be advised of Council's decision. "CARRIED" Resolution #C-109-97 Moved by Councillor Pingle, seconded by Councillor Scott lHAT the correspondence received from Allard van Veen, President and Founding Member, Pitch-In Ontario, requesting a financial contribution, be received; and lHAT Allard vari Veen be advised of the Municipality's grant process. "CARRIED!! I I I I I I I I I I I I I I I I I I I . . Council Minutes I COMMUNICATIONS D-ll I Proclamation of International Day For the Elimination of Racial Discrimination M02.GE I I I I D - 12 I Proclamation of Easter Seal Month M02.GE . . I . I D-3 . Fluoride in Drinking Water S06.GE I I I I . - 5- February 24, 1997 Resolution #C-11O-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated January 31, 1997, from Bryon Wildert, President, Federation of Canadian Municipalities, regarding International Day for the Elimination of Racial Discrimination, be received; THAT March 21 be proclaimed "International Day for the Elimination of Racial Discrimination" in the Municipality of Clarington and advertised in accordance with Municipal Policy; and THAT Bryon Wildert be advised of Council's decision. "CARRIED' Correspondence Item D - 12 was distributed to Council as a handout. Resolution #C-111-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated February 17, 1997, from Nancy Scott, Chair, Easter Seal Committee, requesting proclamation of Easter Seal Month and permission to fly the Easter Seal Flag at the Municipal Administrative Centre, be received; THAT the month of March be proclaimed "Easter Seal Month" in the Municipality of C1arington and advertised in accordance with municipal policy; THAT permission be granted to fly the Easter Seal Flag at the Town Square during the month of March; and THAT Nancy Scott be advised of Council's decision. "CARRIED" Resolution #C-112-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence received from Darlene Milne, 2 Parkway Crescent, Bowmanville, LIC 1B8, questioning why Bowmanville does not provide fluoride treatments for its residents' drinking water, be received; THAT the correspondence be referred to the Regional Municipality of Durham for response; and THAT Darlene Milne be advised of Council's decision. "MOTION LOST' Council Minutes COMMUNICATIONS D-6 Funding of Social Assistance S04.GE D-S Greater Toronto Services Board D03.GT - 6- February 24, 1997 Resolution #C-113-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the correspondence received from Darlene Milne, 2 Parkway Crescent, Bowmanville, LlC lES, questioning why Bowmanville does not provide fluoride treatments for its residents' drinking water, be received; and THAT the correspondence be referred to staff for preparation of a report to be submitted to the General Purpose and Administration Committee on the process which is required by the Regional Municipality of Durham in order to have fluoride added to the town's water; and THAT Darlene Milne be advised of Council's decision. ItCARRIED" Resolution #C-114-97 Moved by Councillor Scott, seconded by Councillor Elliott THAT the correspondence dated February 5, 1997, from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, fOlwarding a resolution regarding Funding of Social Assistance, be received; THAT the resolution of the Regional Municipality of Durham be endorsed by the Council of the Municipality of Clarington; and THAT the Premier of the Province of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Community and Social Services, the leaders of all opposition parties and C.W. Lundy, be advised of Council's decision. IICARRIED" Resolution #C-115-97 Moved by Councillor Scott, seconded by Councillor Elliott THAT the correspondence dated February 12, 1997, from Donald G. McKay, Town Clerk, Town of Wbitby, fOlwarding a resolution regarding the Greater Toronto Services Board, be received; THAT the resolution of the Town of Whitby be endorsed by the Council of the Municipality of Clarington; and THAT the Premier of Ontario, the Minister of Municipal Affairs and Housing, Mr. Milt Farren, Special Advisor to the Minister, all G.T.A. Municipalities, an Durham Region M.P.P.s, the Association of Municipalities of Ontario, and Donald G. McKay, be advised of Council's decision. "CARRIED" I I I I I I I I I I I I I I I I I I I I I Council Minutes COMMUNICATIONS I I I D - 9 Provincial Freeway Improvement Priorities Region of Durham T05.HW I I I I I I I I MOTION NOTICE OF MOTION COMMITTEE REPORTS Report #1 G.P.A Report of February 17, 1997 UNFINISHED BUSINESS Bethesda House Grant Application F05.BU I I I I I I Snow Removal T06.GE . - 7 - February 24, 1997 Resolution #C-116-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated February 13, 1997, addressed to The Honourable AI Palladini, Minister of Transportation, from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, regarding Provincial Freeway Improvement Priorities - Regional Municipality of Durham, be received for information. Resolution #C-117-97 Moved by COWlcillor Scott, seconded by Councillor Pingle THAT the General Purpose and Administration Committee Report of February 17, 1996, be approved. "CARRIED" Resolution #C-118-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT Mary Howard, Vice Chairman, Bethesda House Board of Directors, be thanked for her informative presentation; THAT the presentation be referred to the 1997 budget dehberations; and THAT Mary Howard be advised of Council's decision. "CARRIED1! < Resolution #C-119-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the delegation of Fred Kiy be acknowledged with thanks; and THAT his concerns be referred to the Director of Public Works for response. "CARRIED" Council Minutes - 8- February 24, 1997 UNFINISHED BUSINESS Snow Removal T06.GE BY-LAWS Resolution #C-120-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the delegation of Lloyd Stephenson be acknowledged; THAT his concerns be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Lloyd Stephenson be advised of Council's decision. "CARRIED" Resolution #C-121-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT By-law 97-30 be referred to the end of the agenda to be considered during a ."Closed" session of Council. "CARRIED" Resolution #C-122-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-31 being a by-law to authorize the entering into of an amending agreement with Kiddicorp Investments Limited, the Owners of Plan of Subdivision 18T-920Il, and the Corporation of the Municipality of Clarington in respect of Plan 18T-nOIl; 97-32 being a by-law to designate a certain portion of Registered Plan 40M-1864 as not being subject to Part Lot Control (West Bowmanville Developments); .and 97-33 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (West Bowmanville Developments). "CARRIED" Resolution #C-123-97 Moved by Councillor Pingie, seconded by Councillor Scott THAT the third and final reading of By-laws 96.31 to 96-33 inclusive, be approved. "CARRIED" I I I I I I I I I I I I I I I I I I I I I I I I Council Minutes OTHER BUSINESS Councillor A. Dreslinski Elected as Chair Ganaraska Region Conservation Authority I I I I Regional Update I I CommitteelBoards Update I I I I I I I I . - 9- February 24, 1997 Resolution #C-124-97 Moved by Councillor Scott, seconded by Councillor Pingle TIIA T a letter of congratulations be fOlwarded to Councillor Ann Dreslinski upon her recent election as Chair of the Ganaraska Region Conservation Authority. I1CARRIEDI1 Mayor Hamre advised that on Thursday, February 20,-1997, the Region of Durham hosted a meeting with Milt Farrell, Special Advisor to the Minister of Municipal Mfairs and Housing, wherein Mr. Farrell shared his recommendations to the Province on the Greater Toronto Services Board. She indicated that at that meeting the message was loud and clear that no one supports a third level of government or a Greater Toronto Services Board which has the right to tax. This opposition came through clearly at the G.T.A. Mayors' meeting on Friday, February 21, 1997 also. The Council will be asked to submit their position to the Province by March 14, 1997. The Regional Finance Committee will begin budget deliberations March 5, 1997. Councillor Pingie advised that she attended the Ontario Federation of Angiers and Hunters First Annual Fundraising Dinner and Auction and the Multicultural Council of Oshawa/Durham's Annual SociaVMusical Mosaic on behalf of Mayor Hamre. Mayor Hamre advised that she attended the Solina Womens' Institute meeting celebrating the Womens' Institute's 100th Anniversary. Resolution #C-I25-97 Moved by Councillor Scott, seconded by Councillor Elliott TIIAT the meeting be "Closed" to discuss a Confidential Property Matter. IlCARRIEDlI Resolution #C-I26-97 , Moved by Councillor Pingle, seconded by Councillor Scott TIIAT leave be granted to introduce By-law 97-30, being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and Castcar Investments Limited pursuant to the provisions of Section 8 of the Municipal Tax Sales Act, and that the said by-law be now read a first and second time. ,tCARRIEDU Council Minutes OTHER BUSINESS CONFIRMING BY-LAW -, ADJOURNMENT . - 10 - February 24, 1997 Resolution #C-127-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the third and final reading of By-law 97-30 be approved. "CARRIED" Resolution #C-128-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT leave be granted to introduce By-law 97-34, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 24th day of February 1997, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-129.97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the third and fmal reading of By-law 97-34 be approved. "CARRIED'! Resolution #C-130-97 Moved by Councillor Elliott, seconded by Councillor Scott THAT the meeting adjourn at 8:05 p.m. "CARRIED'! MAYOR CLERK I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 .il , il I II I I COUNGiL. INFORMATION Minister _ of Natural Resources ~na~a . 1-1 Ministre des Ressources naturelles Canada Ottawa, Canada KIA OE4 ~~~ 25 1997 Marie P. Knight, C.M.O., CMM II Deputy Clerk Corporation of the Municipality of Clarington 40 Temperance Street' Bowmanville, Ontario LlC 3A6 Dear Ms. Knight: Thank you for your letter of January 14, 1997, along with a copy of the resolution that the Corporation of the Municipality of Clarington passed at its council meeting of January 13, 1997, urging the Town of Deep River and the federal government to continue discussions pertaining to the Port Granby waste. On December 31,1996, I wrote to the Mayor of the Corporation of the Town of Deep River, expressing the hope that he and the negotiator for the federal government would find common ground for continued discussions in the new year. On January 8, 1997, the Mayor of Deep River wrote to me advising that any future discussions would be contingent upon satisfactory responses from me to a number of questions _ mainly procedural- relating to those discussions. I responded on January 22, 1997, and indicated the federal government's willingness to continue discussions. I expect a response from the town shortly. ,._._..._______. ,. I DISTRIBUTION I assure you that this government remains committed to finding a solution fSHil~ .. . __".'. long-term management of the low-level radioactive waste now located in l&filigtY>n;- ___. Hope Township, the Town of Port Hope and Scarborough. ORIGINAL TO: COPIES TO: Canada .--1--- I _, ",e7l1/1 /1../) ; -2- I I I I I I I I I I I I I I I I I I I Again, thank you for writing on this important matter. Yours sincerely, ;r{l~ ~~ A. Anne McLellan c.c.: His Worship Mayor John Murphy Town of Deep River L.H. Simons Clerk-Treasurer and Coordinator Town of Deep River Ms. Frances Aird Administrator and Clerk-Treasurer Township of Hope ~ Mr. Mike Rostetter Chief Administrative Officer and Clerk Town of Port Hope I I I I I I I I I I .. I I II I I il I ji II COUNCil IRRORMATION 1-2 Office of the Chair (~~ , February 4, 1997 lR.rB1:IBIIWI!1J) Our Reference: 97-6 Diane Hamre Mayor Town of Clarington 40 Temperance Street Bowmanville, Ontario LlC 3A6 J;J~ Dear MsMamn!: fEB Z 6 1997 AGENDA MUi:J:CIPf,lITY OF CLARINGTON MAYOR'S OFFICE Subject: Proposed Exclusion of Hospital Services from Development Charges under Bill 98 The following resolution was approved by Regional Council at its meeting held on Janwuy 23, 1997: "That Regional Council approve the submission of the report of the Regional Chair. dated Janwuy 15, 1997, titled "The Proposed Exclusion of The Hospital Services From Development Charges Under Bill 98" to the Minister of Municipal Affairs and Housing and the Minister of Health; And further, that the Minister be requested to remove paragraph 4 from s.s.2{4} of the Bill, which designates "the provision of a hospital as defined in the Public Health Act" as an "ineligible service" for development charge calculation purposes; And further, that the growth-related portion of the hospital capital expenditures involved be in a 100 percent cost-recovery category; And further, that if necessary the application of these recommendations should at the very least be applicable in high growth municipalities; And further, that the subject report be provided to the GTA Mayors and Regional Chairs for support and endorsement; And further, that the subject report be provided to the area MPPs, Ontario Regio the Ontario Hospital Association. " .. and...._ OIS~UT'ON CLERK ACK. BY ORIGI HAL COPIES TO: A copy of the report is enclosed for your information. Sincerely, Jl'--nJL Emil Kolb Regiooal awr and (]tief Exl:cutive Officer SY:Jk = M. Garrett, Chief Administrative Officer J_ Pennachetti, Treasurer and Commissioner of Finance P. Cole, Commissioner and Medical Officer of Health ,II; C..!"Q' (!.L!..:. - The Regional Municipality of Peel 10 Peel (enlre Dr., Brampton, Ont L6T 489 (905) 791-7800 Fax (905):791.2567 = Regional III ~~ipality RC1-l I REPOR,I The Hospital Task Force convened in December and instructed Regional, Hospital and District Health Council staff with consulting assistance from C.N. Watson and Associates to prepare a position paper regarding the proposed exclusion of hospital services from development charges under Bill 98. I I I I I I I I I I I I I I I I I January 15, 1997 CHAIR AND MEMBERS REGIONAL COUNCIL SUBJECT: PROPOSED EXCLUSION OF HOSPITAL SERVICES FROM DEVELOPMENT CHARGES UNDER BILL 98 RECOMMENDATION That Regional Council approve the submission of the report entitled "The Proposed Exclusion of The Hospital Services From Development Charges Under Bill 98" to the Minister of Municipal Affairs and Housing and the Minister of Health; And further, that the Minister be requested to remove paragraph 4 from s.s.2(4) of the Bill, which designates "the provision of a hospital as defined in the Public Health Act" as an "ineligible service" for development charge calculation purposes; ,,~~ And further, that the growth-related portion of the hospital capital expenditures involved be in a 100% cost-recovery category; And further, that if necessary the application of these recommendations should at the very least be applicable in high growth municipalities; And further, that the subject report be provided to the GTA Mayors and Regional Chairs for support and endorsement; And further, that the subject report be provided to the Peel area MPPs, Ontario Regional Municipalities and the Ontario Hospital Association. DISCUSSION 1. Background I I I I I I I I I I '. I I I I I I I I RG. -;2.. -2- Hospital Services Exclusions January 15, 1997 2. History of Hospital Lot LevieslDevelopment Charges in Peel Region The Regional Municipality of Peel has included a growth-related hospital facilities component in its lot levies and development charges for the past twenty years. It has provided funding for projects to Peel Hospitals for growth-related purposes on a project by project basis, subject to availability of hospital lot levy/development charge reserve funds, in accordance with Regional policy and procedures. 3. Regional Policy - Hospital Service Eligibility Enclosed is a detailed report (attachment 1) outlining the Region's position regarding hospital development charges in the new Development Charge legislation (Bill 98). The following. is a brief overview for the inclusion of hospital services in the new Development Charges Act. Under Bill 98, the Province has proposed to remove the hospital component from the development charge. However, it is submitted that hospitals are an essential service and as such should be part of eligible services. The rationale for providing development charge funding to police and fire services and not to hospital services is inappropriate. Given the recently realigned responsibilities for "Who Pays for What", it is submitted that the emer~ency services that are now delivered and funded by municipalities should also provide for hospitals. Bill 98 states that five years after the current development charges by-law expires any remaining hospital development charge funds must be allocated to the remaining development charge reserve funds. It is submitted that the Province should extend the five year limitation to ten years given delayed provincial approvals on hospital capital projects and to reflect the capital forecast time horizon utilized in present development charge by-laws. a) UDI Position The UDl's rationale for excluding hospitals is that hospitals should be funded through other means such as user fees, private sector delivery and special area assessments and not from development charges. However, it must be emphasized that the use of user fees to finance hospitals is inconsistent with the Canada Health Act. Also, public fund raising is already a continuing and significant source of funds for hospital purposes. In this regard, it is noted that the Province has recently reduced hospital grant funding from a 2/3 to 1/2 cost sharing fonnula. At the "~l! R(1.-~ -3- I I I I I I I I I I I I I I I I I I I Hospital Services Exclusions January 15, 1997 same time, it must be noted that historical Regional policy has been to provide approximately 25 % of the 1/3 funding for lot levies/development charges with the balance being provided by hospitals and/or community fund raising. By way of contrast, in 1989 when education capital grant funding was reduced from 75% to 60%, school capital costs were newly incorporated into the Development Charges Act, in order to provide an alternative funding source. In the case of hospitals in 1996, grant funding has been reduced by a similar amount but, at the same time, it is proposed to remove hospital funding from the DCA. This inconsistent funding policy will result in an erosion of capital infrastructure in hospitals in Ontario, more specifically in the high growth communities in the GTA. It is suhmitted that the DevelQpment Charge financing tool is as iustified for hospitals as it is for education 4. High Growth Regions - Hospital Capital Needs Between 1976-96 in the GTA area the number of births per annum increased steadily from 16,719 to 32,546, an increase of 95%. This is in direct relationship to the population increase in the GT A area. Similar relationships to growth exist for other hospital services, such as the treatment of cancer, cardiovascular diseases, ambulatory care clinics, emergency services, neurosurgery, psychiatry, laboratories, rehabilitation services, etc. Capital facilities for such services are required to meet the needs of future growth by adding expanded capital facilities. Therefore, development charges represent a critical source of funding for hospitals and our communities throughout Ontario. 5. Standards As mentioned earlier hospitals provide different types of capital facilities like clinics, emergency services, ambulatory care, etc., to meet the needs of population growth. Therefore, some hospital projects do not result in the creation of additional "beds" as previously envisaged in establishing charges against development. However these new facilities have different standards to measure the future needs. The Region of Peel has been and will be developing and refining these standards in order to ensure consistency in the quality of service levels and cost effective physical facilities. I I I I I I I I I I I I I I I I I I I RC1-'-\ -4- Hospital Services Exclusions January 15, 1997 CONCLUSION - CONTINUING THE FINANCING PARTNERSHIP Considerable care has been exercised in Peel and elsewhere, in order to ensure that only growth-related hospital care capital costs are used in calculating the development charge and that the monies collected are used only for such growth-related purposes. A financing p~rtnership e~i~ts ~~d has existed, for ma~y years, ben:~en ~he ::~.~;C;~ ~~~::l Boards. (Ree-tonal) Mumclpahtles and the commumty (fund ralsmg) r I I g essential new hospital infrastructure It is anticipated that the effect of withdrawing a key component of this funding program via Bill 98, would be to further delay a number of hospital improvements and, in some cases, to make it impossible for needed projects to proceed. Regional funding, therefore, must be available from development charges to provide financing for growth-related hospital projects. \ Region of Pec:1osPital Task Force >:. . ._( . j. (/. <..: . 1"'., ...... Chair, E. Kolb Memhers Mayor C. Seglins Councillor R. Begley Councillor M. Morrison Councillor C. Corbasson Councillor G. Miles Councillor P. Palleschi Councillor P. Saito Dean Sane, Credit Valley Hospital Dennis Egan, Mississauga General Hospital Bruce Harber, Peel Memorial Hospital Bob Youtz, Peel District Health Council c.c.: M.R. Garrett J.P. Pennachetti Dr. P. Cole R. Kent Gillespie Lynn Townsend Attachment 1 I I I I I I I I I I I I I - I I I I I I Rc1-S Submission to: The Minister of Municipal Affairs and Housing and the Minister of Health From: ':..' The Regional Municipality of Peel Re The Proposed Exclusion of . Hospital Services from Development Charges Under Bill 98 - . The Development Charges Act, 1996 January 15, 1997 I I I I I I I I I I 'I I I I I I I I I R O. -6 (i) Introduction TIle Regional Municipality of Peel has included a growth-related hospital fadlities component in its lot levies and development charges for the past twenty years. The monies collected have been invaluable in enabling the construction of a portion of the Credit Valley Hospital and improvements to the Mississauga Hospital and Peel Memorial Hospital1!lli! are currently in the process of being used for a number of m~or prQjects. including ambulatory care centres, an obstetrics and spedal care nursery, the Headwaters Health Care Centre, a cancer centre, an emerg.ency department expansion, etc. This submission is being made in order to: . urge the Minister to remove paragraph 4 from 5.5.2(4) of the Bill, which designates "the provision of a hospital as defined in the Public Hospitals Act" as an "ineligible service" for development charge calculation purposes. Removing paragraph 4 would put qualifying hospital capital expenditures into the 30% cost reduction category, in accordance with s.s.5(6) of the Bill; . provide that 100% of growth-related hospital capital expenditures be recoverable via development charges, given that such expenditures are of the highest priority and are already significantly funded from other sources; . give consideration to introducing flexible legislation, which would be permissive in the case of high growth areas of the Province, possibly accompanied by Regulations as to the most appropriate means of establishing service standards and isolating growth-related hospital capital costs; and . provide a ten year period for existing hospital-purpose development charge reserve funds to be used for the purpose for which they were collected under existing Development Charges Act provisions, with respect to draws. ...-\1"F1'J....'...'"T1>n..--. 1\(1-1- (ii) This submission clearly outlines the importance of amending Bill 98 and the reasons for doing so, under the following headings: 1. Ineligible Services 2. Distinguishing the Hospital Service from Ineligible Services 3. Eligible Services 4. The VOl's Rationale for Excluding Hospitals 5. The Link Between Hospital Caseload and Housing Development 6. The Link Between Hospital Caseload and Capital Costs Necessary to Provide Increased Services 7. Growth-related vs. Non-growth-related Capital Expenditures . H:\PE!!L.H\tNTRO,\,\'P'O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 'I I I I I I I I I RC1-9 1. 1. Ineligible Services The 1st reading of Bil198 contains s.s.2(4), which names six categories of ineligible services -- those for which increased capital costs required because of increased needs may not be recovered via a development charge by-law. 1bis list is comprised of the following items, which are set out, together with our commentary on the apparent rationale for their inclusion: 1.1 "The provision of cultural or entertainment facilities, including museums, theatres and art galleries but not including public libraries". In some cases, these facilities are capable of being provided by the private sector and/ or may not be directly linked to service needs attributable to anticipated !fevelopment. 1.2 "The provision of tourism facilities, including convention centres". These facilities, sometimes, are required to attract growth and are not always directly linked to service needs attributable to anticipated development. 1.3 'The acquisition of land for parks" The Planning Act contains provisions which enable municipalities to obtain land dedications or cash-in-lieu of land, for this purpose. While such provisions are inadequate in some cases, they do exist as a form of landowner contribution. 1.4 'The provision of a hospital as defined in the Public Hospitals Act". The implications for this exclusion are discussed in detail below. 1.5 'The provision of headquarters for the general administration of municipalities and local boards". The dramatic declines in municipal subsidies and assessment growth, coupled with the move toward municipal restructuring, privatization and automation mean that general administration requirements are more stable than in the past, as are related service needs attributable to anticipated development. 1.6 "Other services prescribed in the regulations". Ministry officials have informally suggested. that none are contemplated at this time. H\I'EE:fJ4.\lln.l..""8\o'''f'[l RC.l-Q 2. 2. Distinguishing the Essential Hospital Service from Ineligible Services. The circumstances surrounding the provision of hospitals are quite dissimilar to those noted in Section #1 above. 2.1 First, hospitals are required in response to the most urgent and fundamental of health needs, i.e. acute care. As such, they are clearly mandatory and essential services, and in most cases do not involve "discretionary" expenditures. 2.2 Second, there is no existing alternative means of enabling communities to acquire landowner contributions to an adequate supply of hospital facilities. Funding is based on a combination of somewhat unpredictable Provincial support, local fund raising, property taxation and, in a number of areas, development charges. ~& 2.3 Third, like general administrative facilities, the need for additional hospital floor area has diminished as medical procedures change and efficiency increases; however. as will be documented below, hO!;pital caseload increases directl.y and significantly in response to growth and hospital facilities at some point, need to.be reoriented and/or expanded in order to accommodate such increases. Thus, changes in hospital facilities become the enabler for the change in medical process and the accommodation of growing patient volumes. 2.4 An argument which may be advanced against municipal Ix: funding for hospitals, is that this service is not a direct municipal responsibility and should be addressed in some other fashion. The fact is, however, that a number of Regional and other municipalities have collected development charges for hospital purposes for many years and this funding stream has proven to be a vital source of capital funds in the provision of this service in many of the most rapidly growing parts of the Province. These include, for example, the Regional Municipalities of Peel, York, Halton, Hamilton-Wentworth, Ottawa-Carleton and Waterloo and Cities such as Barrie, Orillia and Timmins. tt\P'EEL_"\uu...._~TO I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I RC.1.-10 3. 3. Eligible Services 3.1 Services eligible for inclusion m a development charge by-law, under Bill 98, are divided into two groups, based on the reduction in applicable capital costs which must be made in calculating a development charge. The list contained in s.s.5(6) of Bill 98 is for services to which a 10% cost reduction is applicable. These include water, waste water, storm drainage, road, transit, electrical, waste management, police and fire protection services. The second group established under Bill 98, represents the remaining municipal services which can potentially provide the basis for a development charge. These services are subject to a 30% cost reduction in calculating the charge and are, therefore, deemed to be of lower priority, from a development charge perspective. , 3.2 In this regard, it is interesting to note that, under Bill 98, development charges will potentially pay 90% of the cost of growth-related police and fire vehicles, communications equipment and facilities; however, when any accident victims that these personnel are involved with, arrive at their local hospital, none of the facilities or equipment necessary to assist them, are to be accorded the same funding priority. In fact, Bill 98 removes hospital capital expenditures from the development charge funding program altogether. 3.3 Finally, it is worth noting the broad range of capital expenditures that are to be allocated development charge funds in preference to hospitals. For example, these include: . library books, CD's and other materials . lawn mowers and other equipment . swimming pools and fitness centres . tennis courts and baseball diamonds . motor vehicles . school facilities (via EDCs) The rationale for giving funding priority to services of this nature, over growth-related hospital facilities, is not understood. IKl-1l 4. 4. The VOl's Rationale for Excluding Hospitals 4.1 In Development Charges A Time for Change. Tuly 1996. the Urban Development Institute/Ontario advanced several reasons for recommending the exclusion of hospital growth- related net capital costs from the calculation of development charges. These were: (a) services such as hospitals and long term care facilities are "... more appropriately funded through other means such as user fees, private sector delivery and special area assessments and should be totally 'excluded' from the development charge calculation ..." (p.iv) (b) "Unfortunately, municipalities have used the very general and often broad wording of the Act to require the development community to provide .all services, including town halls, art galleries, museums, parkland and recreational facilities, to a very high standard essentially 'free of charge.' There are, however, no explicit requirements on the municipality to: ~ . assess and provide what is needed versus what is desired; . establish reasonable levels of service and standards versus upgraded or elevated levels; . analyze the long term cost implications of operating, maintaining and replacing all development charge funded services; and . explore alternate means of financing services and other revenue sources." (p.1) (c) "'H~itals and long-term care facilities are often not given funding approval until after the mature state population has been achieved. In addition, the municipality has no direct control over how funds associated with these fadlities are spent. Accordingly, these facilities are more appropriate funded from general tax sources available to municipalities and the Province." (p.9) (d) A fourth argument has emerged in recent discussions with UOI, to the effect that in the 1990's, the Province isn't allocating money for new hospitals, they aren't being built and there is therefore no potential use for development charge collections for this purpose. 4.2 With rewert to item fa) above. it is noted that the use of user fees to finance hospitals is inconsislent with the Canada Health Ad; however, public fund raising is already a continuing and K~\lIlU."'tI.WJ'O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '. I I I I I I I I R(l-\:2. 5. significant source of funds for hospital purposes. In this regard. it is noted that the Province has recently reduced hospital grant funding from a % to 1,2 cost sharing formula. By way of contrast, in 1989 when education capital grant funding was reduced from 75% to 60%, school capital costs were newly incorporated into the Development Charges Act, in order to provide an alternative funding source. In the case of hospitals in 1996, grant funding has been reduced by a similar amount but, at the same time, it is proposed to remove hospital funding from the DCA. Eliminating development charges from the brief list of options which exists, makes the provision of adequate hospital facilities in high growth communities an even more serious problem. 4.3 With re~e(.".t to item (h) above. it should be pointed out that hospitals have lived with capital spending freezes and cuts and operational restructuring for many years. As a result, significant efficiencies have been introduced, average length of patient stay has declined dramatically and physical plant has not grown nearly as rapidly as caseload. In many cases, facility service standards have declined. Thus, hospitals have been obliged to survive for many years in an environment of constraint, which has only recently started to be a significant factor in the case of a number of municipal services. 4.4 Item (c) above. is inaccurate, as it implies that hospitals are discretionary and only need to be provided/expanded once the mature state population is in place. Development generates acute care health needs and these must be dealt with immediately on occurrence. New hospitals (such as Credit Valley) and expanded hospitals are needed and are being built hand in hand with residential development throughout the GT A and other high growth areas of the Province. With respect to "direct control", municipalities .an:. in a position to earmark hospital contributions, attaching such conditions to the use of these funds, as are required to ensure that they are used in a cost-effective manner and for the intended purposes. Finally, additional funding for hospitals from "general tax sources" is subject to the obvious difficulty that, at the local level, there is no available tax room for such pUrpose. Nor should growth-related hospital facility requirements be the funding responsibility of existing taxpayers. The hospital component of development charges is relatively small, but the revenue it generates is important in facilitating the construction of significant projects and services. Item d) above. is not accurate. The Province has been allocating approximately $200 million armua1ly in capital funds to hospitals, long term care and community health centres. A number of significant hospital projects are currently underway in Peel Region, as indicated on page i) RC:1.-I:) "1 TABLE 1 LIVE BIRTHS IN THE "905" PORTION OF THE GTA, 1976-1993 PEEL YORK DURHAM HALTON TOTAL FACTOR 1976-100 1976 6,803 2,889 3,798 3,229 16,719 100 1977 6,968 2,950 4,167 3,158 17,243 103 1978 7,416 3,025 4,339 3,198 17,978 108 1979 7,655 3,250 4,541 3,192 18,638 111 1980 8,087 3,577 4,549 3,377 19,590 117 1981 8,270 3,963 4,451 3,345 20,029 120 1982 8,680 4,316 4,564 3,396 20,956 125 1983 9,002 4,819 4,904 3,471 22,196 133 1984 9,684 5,270 5,175 3,582 23111 142 1985 9,753 5,548 5,420 3,570 24,291 145 1986 10,057 6,251 5,501 3,697 25,506 153 1987 10,268 6,975 5,837 3,862 26,942 161 1988 10,884 7,613 6,456 4,120 29,073 174 1989 11,559 7,766 7,009 4,428 30,762 184 1990 12,498 8,157 7,431 4,417 32,503 194 1991 12,440 7,703 7,179 4,385 31107 190 1992 12,855 7,875 7,243 4,458 32,431 194 1993 13' ~21 7616 7.071 4.S38 32~<;46 195 Source: Statistics Canada Catalogue No. 84-204, Province of Ontario Vital Statistics By Mother's Place of Residence TABLE 2 905 AREA CODE MUNICIPALITIES POPULATION DATA PEEL YORK DURHAM HALTON TOTAL 1976 375 910 203.827 247 473 228 497 1.055 ~707 1981 490 731 252.063 283.639 253A83 1 280~16 1986 S92 164 350 602 326 179 271.389 1<;405134 1991 732798 504.981 409.070 313 136 1 9S9.985 1995 875 ~78 611 ,;no; I 470.895 3S1 737 2 915 Source: Statistics Canada Note: 1995 population includes the revised 1991 Census undercoverage counts. C.N. Watson and Associates Ltd. (BIRTHS.WK4) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I RC.1.-I~ 7. above, and a similar situation exists in other high growth areas of the Province. The needs are growing, they are essential and, in a number of cases, capital investment is required in order to permit a reasonable level of servIce to be provided. 5. The Link Between Hospital Caseload and Housing Development 5.1 Hospitals perform a variety of acute care procedures and one such procedure involves the birthing process. Table 1 sets out data on live births in the GTA (outside of Metro Toronto) during the 1976-93 period and Table 2 sets out the change in total population over the same period. As is apparent, the number of births per annum increased steadily from 16,719 to 32,546, an increase of 95%. Total population increased by 119% and, as a result, most of the increase in births resulted from in-migration to this portion of the GTA, as fadlitated by the associated growth in housing development. 5.2 The treatment of cancer in terms of chemotherapy, assessment and procedures is another important element of hospital service. The Functional Program for the Ambulato'Y Component of the pf'<>] Community Cancer Cpntre. May 1996 projected an increase in workload from 25,938 visits for systemic therapy at Peel Region hospitals in 1994/95, to 50,722 visits in 2004/05. Much (but not all) of this increase is the result of GT A in-migration, directly or indirectly as a result of the housing development which is occurring. 5.3 Cardiovascular disease is the leading cause of death in Peel Region and in Ontario. The population associated with new development introduces a tangible treatment workload (eg. approximately 200 per 100,000 population per annum for catheterizations) into communities already facing the increased needs of an aging population. Peel Region is currently significantly nnderserviced in this area and this problem is exacerbated annually by continuing high levels of development and population growth. 5.4 SimiIar relationships to growth exist for other hospital services, such as ambulatory care clinics, emergency services, neurosurgery, psychiatrY, as well as for the support departments, such as nutrition and food services, laboratories, rehabilitation services, etc. RC.j..-IS 6. The Link Between Hospital Caseload and Capital Costs Necessary to Provide Increased Services 6.1 The link between caseload and the need for hospital physical plant has been variable, given that hospitals have,. for example, moved to dramatically reduce average stay and to provide a growing amount of health care on an out-patient basis, rather than by adding traditional in-patient hospital beds. 6.2 Consequently, some hospital capital projects do not result in the creation of additional "beds" or floor area, as previously envisaged in establishing charges against development. These projects involve space reallocations and reconfigurations required to increase the utiliza tion of an existing hospital" envelope". For this reason, the Region of Peel has moved to replace the traditional "beds per capita" standard, with a more appropriate means of identifying any growth-related component. ~i~ 6.3 In other cases, hospitals sized for much smaller populations are required to meet the needs of growth by adding clinics, centres and in some cases, new enlarged hospitals to replace undersized facilities. In both cases, such capital projects are necessary, (partially) growth- related and often costly and development charges represent a critical funding source. 6.4 It is also important to point out that the Ministry of Health already exercises close control over the composition, capital cost and operating cost consequences of proposed new hospital facilities. Bill 98 is generally seeking to bring a similar level of scrutiny to municipal projects. 7. Growth-related vs. Non-growth-related Capital Expenditures 7.1 In the case of hospital space reallocations and reconfigurations, a component of these projects is clearly growth-related, as it represents the means by which hospitals are coping with substantial increases in service area population and patient volumes. At the same time, a portion of most of the projects involving the reconfiguration of departments in a more efficient (consolidated) form is 1lQ1; growth-related, as it also responds to changes in hospital operating modalities, the need. to reduce costs or to update outmoded facilities. Therefore a significant portion of these projects provides a benefit to the existing population rather than to the growth 1t;\ftEl.H\m..t~_"'1'D 8. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Rei-If> increment alone. Other hospital capital projects are not growth-related at all, for example, repairs, replacements or upgrades which would have been required in the form proposed, even in the absence of growth. 9. 7.2 u es. 7.3 As a result of this circumstance, and the availability of other funding sources such as Provincial funding and local fund-raising, development charge funding for. hospital expansions/improvements is?ften only a small percentage of the ~otal cost ~:.~ow::~ a ;::ti:al part of the hospital service capital funding pro.gr.'l; an:, one :hi:~ is r or in . e if thp communities involved are to have acrpss to es~n 'al h alth s rvi es. 7.4 A financing partnership exists and has existed, for many years, between the Province, Hospital Boards, (Regional) Municipalities and the public, when it comes to funding essential new hospital infrastructure. It is anticipated that the effect of withdrawing a key component of this funding program via Bill 98, woUld be to further delay a number of hospital improvements and, in some cases, to make it impossible for needed projects to proceed. I I I I I I I I I I ;~I I I I I I I I I li, . COUNCil INFORMATION CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY e&k 1-3 MINUTES - NO.2 AUTHORITY MEETING FED ZS /I All , Tuesdav. Februarv 18. 1997 -7:00 P.M. Os 1111 97- MEETING LOCATION: 100 WHITING AVENUE, OSHAWA Present: R. Anderson, Chairman R. Johnson, Vice Chairman R. Boychyn M. Brunelle J. Drumm C. Elliott G. Emm J. Gray H. Hall L.Hannah 1. Harrell R. Lutczyk B. Nicholson J .R. Powell, Chief Administrative Officer S.L. Hanson, Director of Corporate Services D. Wright, Director Environmental Approvals & Planning M. Peacock, Director Environmental Engineering Services M. Hrynyk, Superintendent R. Hersey, Planner M. Stauffer, Recording Secretary The Chairman called the meeting to order at 7:04 p.m. Res. #20 Moved by 1. Harrell Seconded by L. Hannah -. I c~~~~~TIO~ I ILh. ~Y. ! ;;l-:';:.!~At i-'(~":~;::T-fo: 1--- .---- t.:=~.:.:~-- L......__..___ L.........._. i ~ l~':"lf"_. .. LGI ,,~'- DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #19 Moved by M. Brunelle Seconded by Emm THAT the Autlwrity minutes of January 21, 1997 be adopted as circuloted. CARRIED CORRESPONDENCE #970399 Ganaraska Region Conservation Authority re: Invitation to 1997 Annual Meeting - February 20, 1997 THAT correspondence item #970399 (attached as Schetlule 3-1 to 3-2) be received for information and fikd; and, THAT the Authority recognize and thank Mr. Houston for his dedication and sincere effotts in the pursuit of the coasenoation movement in Ontario and to wish him weU in his future endeal'Ours. CARRIED #4126-97 (attached as Schedule 4-1 to 4-11) ~~ I Theresa Watt . To construct a new 8' x 8' addition and a new second floor addition to an existing structure and carry out interior renovations 7I Cedar Crest Beach Road, Bowmanville I Pan of Lot 13, Broken From Concession THAT the application be approved subject to the following conditions: 1. The project shall be generally carried out according to the plans and specifications submitted in support of the application. I 2. Prior to the issuance of a pennit, the applicant shall enter into a Save-Hannless agreement with the Authority, to be registered on title at the owner's expense, and that a clause be included within this Agreemeat to identify the property as being located within. a damage centre and being subject to shoreline I erosion. 3. All areas disturbed during the construction process, shall be seeded, sodded or stllbilized in some other manner acceptable to the Authority. I CARRIED I I I I I I I I I AUTHORITY MINUTEs - February 18, 1997. PAGE 2 HEARINGS - O!l.'TARIO REGULATION #145/90 Staff Report: File No.: Applicant: Application: Location: Ms. Watt was in attendance and stated that she was in agreement with the recommendation. Res. #21 Moved by R. Boychyn Seconded by I. Harrell Councillor J. Drumm arrived at 7:10 p.m. REFERRAL FROM THE EXEClJrIVE COMMITtEE. (I) Staff Report.: #4120-97 Standardized Signage for the Central Lake Ontario Conservation Authority Res. #22 Moved by I. Harrell Seconded by R. Boychyn THAT Staff Report #4120-97 (attached as Schedule 6-1) be received for infonnation; and, THAT the revised sign design, subject to spreading out of the lettering, be approved by the full board for the sttDulordized signage to be used at all Central Lake Ontario Conservation Authority properties. AMENDMENT Moved by J. Gray Seconded by R. Boychyn THAT the sign be reflective in nature so that it is visible at night. CARRIED AS AMENDED . I , I I I I I I I I I I I I I I I I I I I I I I I ~UrHOIbTY MlNUTES - February 18, 1997 - PAGE 3 DIRECTOR OF ENVmONMENTAL APPROVALS & PLANNING (1) . Staff Report #4122-97 (attached as Schedule 7-1 to 7-3) Applications for Construction, to Place Fill and to Alter a Watercourse Res. #23 Moved by B. Nicholson Seconded by J. Gray THA T the foUowing applications be approved and the respective permits be issued: West Bowmanville Devewpments Ltd. Rick Pasnick Simkins Homes Ltd. Fridel Ltd. 1008941 Ontario Inc. (Tricee) David Veenstra St. Mary's Cement Corp. The City of Oshawa The City of Oshawa Harmony Creek Golf Centre/Mario Veltri Josef lAvTic Mr. Falsal Suleman Camuiian Tire Corp. Limited Brooknorth Holdings Inc.lGus Brown Pontiac Buick CARRIED - C96-347-F(18T-88046) - C96-352-F - C96-354-F(18T-89022) - C96-359-F(18T-92010) - C96-360-F(18T-89022) - C96-364-F - C97-009-F - 096-332-F & 096-333(332)-C - 096-334-A - 096-355-F & 096-356(355)-A - 096-369-F - 097-001-F - 097-003-F - W96-365-F (2) Staff Repon #4125-97 Planning File Tracking Repon - February 1997 Res. #24 Moved by H. Hall Seconded by R. Johnson THAT Staff Report #4125-97 (attached as Schedule 7-4 to 7-6) be received for information and filed. CARRIED DIRECTOR OF CORPORATE SERVICES' REPORTS (1) Staff Repon #4127-97 Purple Woods Admission Fees Res. #25 Moved by R. Johnson Seconded by C. Elliott THAT Stoff Report #4127-97 (attached as Schedale 8-1) be received for information; and, THAT the 1997 Maple Syrup Admission Fee for Purple Woods Conservation Area be set at Adults _ $2.00; Children (12 & Under) & Seniors - $1.00; and a Family Pass - $5.00 maximum. A recorded vote was requested by B. Nicholson YEA: R. Anderson R. Boychyn M. Brunelle C. Elliott H. Hall L. Hannah R. Johnson NAY: J. Drumm G.Emm J. Gray I. Harrell R. Lutczyk B. Nicholson CARRIED AUTHORITY MINUTEs - February 18, 1997 - PAGE 4 .' I , I I I I (2) Staff Report #4128-97 CLOCA Foundation - Update Res. #26 Moved by B. Nicholson Seconded by G. Emm THAT Staff Report #4128-97 (attached as Schedule H-1) be received for infonnation; THAT Staff proceed with the process of establishing a charitable fund; and, THAT the fund be named "CENTRAL LAKE ONTARIO CONSERVATION FUND". CARRIED CIllEF ADMINISTRATIVE OFFlCER'S REPORTS Res. #27 Moved by G. Emm Seconded by R. Lutczyk I I I I I I (I) Staff Report #4121-97 (attached as Schedule 9-110 9-6) . Durham Regional Forest THAT the Region of Durham be requested to consider designating the Central Lake 0ntl1ri0 Conservation Authority as manager of the Durham Regional Forest ut such time as the Ministry of Natural Resources relinquishes thut role; and, THAT the Region of Durham be requested to inc1ruk the Central Lake Ontario Conservation Authority in any future discussions with the Ministry of Natural Resources concerning the Durham Regional Forest. CARRIED (2) Staff Report #4124-97 (attached as Schedule 9-30 to 9-32) Clarington Tree Preservation By-Law ~ < Res. #28 Moved by R. Johnson Seconded by L. Hannah THAT sraff be authorized to investigate assisting the Municipality of Clarington in enforcement of the proposed I Tree Preservation By-Law and bring forward recommendations for consideration by the CWCA Executive Committee. . CARRIED I I I I DELEGATION - V ALlAt'IT PROPERTY MANAGEMENf Staff Report #4123-97 (attached as Schedule 9-7 to 9-29) Durham Region Conservation Authorities Proposed Fee Schedules AND CLOCA Interim Fee Schedules - Planning & Engineering - Input and Review In attendance for the Valiant Property Management delegation were Robert Hann, Debbie Clarke and Beth Kelly. The Chairman thanked the delegation for attending. Mr. Hann and M.s.. Oarke made a presentation outlining their concerns regarding the Authority's established interim fees for plan input and review. The timing of the introduction of these fees and accompanying notification had created particular problems for theII development projea (subdivision. l8T-87087. Halloway Holdings Ltd.), in that a binding contract had been entered intO for sale of . the subject lands to builders that thus precluded recovery of the costs associated with the fees as invoiced. Discussion ensued. I I I I I I I A:UfHOI'UTY MINUTES - February 18, 1997 - PAGE 5 Res. #29 Moved by H. Hall Seconded by G. Emm WHEREAS the timing of the implementation of the interim fees had resulted in their being applied to lands already subject to a binding agreement ofpurclUlse and sale, (subdivision 18T-87087), be it resolved THAT the Central Lake Ontario Conservation Authority refund $8,845.00 to Valiant Property Management and retain $1,000.00, without prejudice, upon the agreement that once the final fee schedule is approved, this Authority will re-invoice Valiant Property Management for the appropriate amount; or if the approved fee schedule is less than $1,000.00, this Authority will refund the appropriate amount to Valiant Property Management. A recorded vole was requested by R. Johnson. I I I I I I I I I I I I I I CARRIED YEA: R. Anderson R. Boychyn M. Brunelle J. Drumm C. Elliott G.Emm J. Gray H. Hall L.Hannah I. Harrell R. Johnson R. Lutczyk B. Nicholson NAY: Councillors H. Hall and J. Drumm left the meeting at 8: 10 p.rn. DELEGATION - URBAN DEVELOPMENT INSTlTIJTEJDURHAM CHAPI'ER In anendance for the Urban Developmentlnstitule/Durham Chapler was Kelvin Whalen. Mr. Whalen made a presentation regarding the fee schedule, outlining his concerns and noting that a memorandwn of understanding between the G.T.A. Conservation Authorities and U.D.1. was close to completion. Discussion ensued. .. The Chairman thanked Mr. Whalen for attending and looked forward to future negotiations with U. D. I. ADJOURNMENT Res. #30 Moved by R. Johnson Seconded by C. Elliott THAT the meeting a4joum. CARRIED The meeting adjourned at 8: 17 p.m. I I I I I I I I I I 1 I I I. I II i'. .. , . - I. I I The Regional Municipality of Durham Planning Department BOx 623 1515 Dundas St. E. 4th Floor. Lang Tower West Building Whitby, Ontario Canada L 1 N 5A3 Tel: (90S) 728-7731 Fax: (90S) 436-6612 A. L Georgieff, MOP,_ Commissioner of Planning COUNCIL INFORMATION . 1-4 February 20, 1997 fEs Z5 IZ 10 PH '97 Mrs. P. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville On L1C 3A6.. Dear Ms. Barrie: RE: Commissioner's Report No. 97 -P~22 Authorization to initiate an amendment to the Durham Regional Official Plan, Clarington Official Plan, File: LOPA-C~96001, Deferral No. 32 . File: 4.17 Please Quote Ref. No.: <;cr;n / The above matterwaspresented to the Durham RegionalPlarining Committee aUhe February 18,1997 meeting. The following resolution was passed: "a) THAT Planning Committee. authorize staff. to schedule a public meeting for the consiqeratioriof a proposed amendment to the Durham Regional Official Plan to . . . redesignate lands i.ndica. ted. on Attachment 1 to . . Commissionef's Report No; 97 cP~22 from EmploymentArea .. to Waterfront; and b) . THAT a copy of Commissioner's Report No. 97-P-22 be forwarded to the Municipality of Clarington." . A copy oftheijeport isenclpsed for yourihformation. Yours truly, . ~-~.~-- /'cJ- Nestor Chornobay. M.CJ.p., R.P,P. Director .. .. . Strategic PI.mning Branch Itm. Encl.. '. . H:IWPI'.2\AOMlNlfOLLOW-y.PC197P22.lET ~-""'f'-- @ '1~ Pool Consumer . -r=-':"'--:"" '_.'. ,.- 0 ()Q L,-~ ;._- :.'~ I'_.-:,:",_:.J-~-~'- __.- .._-" Planning Department Commissioner's Report to Planning Committee Report No. 97-P-22 'Date: February 18,1997 SUBJECT Authorization to initiate an amendment to the Durham Regional Official Plan Clarington Official Plan, File: LOPA-C-96-001 Deferral No. 32 RECOMMENDATIONS 1. THAT Planning Committee authorize staff to schedule a public meeting for the consideration of a proposed amendment to the Durham Regional Official Plan to redesignate lands indicated on Attachment 1 to Commissioner's Report No. 97 -P-22 from Employment Area to Waterfront; and ,~:- 2. THAT a copy of Commissioner's Report No. 97-P-22 be forwarded to the Municipality of Clarington. "" REPORT 1. Background . 1.1 On September 25, 1996, Regional Council approved the Official Plan for the . 'IIi Municipality of Clarington. Regional Council also deferred consideration of certain components of the Clarington Official Plan either to allow further discussion between interested parties, or to await the decision of the Ministry of Municipal Affairs and Housing regarding enabling Regional Official Plan amendments. 1.2 The purpose of this report is to obtain authorization to process an amendment to the Durham Regional Official Plan, which will address Deferral 32 to the Clarington Official Plan. 40 I I I I I I I I I I I I I I I I I I I I I I I I I I I . I .. I I I I ,. I I 'I Commissioner's Report 97-P-22 Page 2 2. Deferral 32 2.1 This deferral pertains to approximately 30 hectares (75ac) of land located south of the CN railway and north of Lake Ontario in south Courtice (refer to Attachment 2). The Municipality proposed a Waterfront Greenway designation for this area, in the Council adopted Clarington Official Plan. The Municipality was informed through the Region's post-circulation comments that the proposed designation did not conform to the Regional Official Plan, which designates the lands Employment Area. The Region proposed that the Courtice land use schedule be modified to an appropriate Industrial Area designation. 2.2 On June 10,1996 Clarington Council considered the proposed modification and responded by requesting that the Region initiate an amendment to the Regional Official Plan to designate these lands appropriately. Since there was insufficient time to schedule a public meeting on this matter, prior to Planning Committee's meeting on the Clarington Official Plan, an amendment to the Durham Regional Official Plan regarding this matter could not be entertained concurrently with the Clarington Official Plan. As a result, the Clarington Official Plan designations were deferred by Regional Council until the Municipality's request could be further investigated. 2.3 The basis of the proposed amendment is the Clarington Waterfront Study Land use Strategy which formed a background report to the Official Plan. The strategy recommended that a major waterfront park and an expanded waterfront open space area be located in this area. The Municipality of Clarington has noted that there is limited land area suitable for industrial uses in this location, due to access limitations and the narrow wedge shape of the designation. Additionally, major infrastructure improvements would be required, since the existing grade separation at the CN Railway cannot accommodate industrial traffic. 2.4 The Municipality of Clarington request appears to have merit. A future waterfront park may provide an important point of interest along the Region's waterfront trail. In addition, these lands appear to be more suitable for open space, rather than industrial uses, and would not appear to compromise the 4 1 Commissioner's Report 97-P-22 Page 3 Region's Employment Area land base through their redesignation. It is recommended that the Planning Department be authorized to initiate the proposed amendment and to bring forward this amendment to a Public Meeting as prescribed by the Planning Act. Attachments: 1- 2- Subject Area (Durham Regional Official Plan) Deferral Area 32 RECOMMENDED FOR PRESENTATION TO COMMITTEE ~~LLd G.H. ubltt, M.SW.,C.A.O. R:1CCID38AUTHC.WPD :~ ., ~ 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I !I II I i II I I, .1 11 OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM Attachmen t 1 --~-l REGIONAL !STRUCTURE , ." MAP L~ ffJ Lake Ontario SUBJECT AREA Leaend ~..r: 1t"f"! ;~~~, WATERFRONT ,......,.... ," , ~ ... I ,-- '" .... ..... \ ~ . ..I \ , ..... ~ GENERAL AGRICULTURAL AREA :cv..~: ;:Q:>:l.l:_~ MAJOR OPEN SPACE -. URBAN AREA BOUNDARY MUNICIPAL SERVICE . ~ EMPLOYMENT AREA n.\::ar'\br~ClRNG.cdr s 43 , EXTRACT OF ~~ /JVj, ~W1@ lUJ@~ t(QJl\JJlimlt~ I\JJ~~ OFFICIAL PLAN MUNICIPALITY OF CLARINGTON Lake Ontario . n:\car\branch\pol\D32.cdr 44 Leaend for Extract of A2 of Glarinaton O.P. Attachment 2 ~ ~ . LIGHT INDUSTRIAL AREA File: LOPA C-96-001 WATERFRONT GREENWAY Municipality of Clarington DISTRICT PARK FEB 21 ';j ( Ie:: 11 J-I-<UM MfW-IOl-<ONIU -.w.ofPI>rl_ SorIrU~ IwI.c_,... ColJo.. 80_'" ~BnUo<qw 8_~ HQrr. CIwIa '"'- ".C. ~~U J. c-.u If.... o...u c.n-./N. ",c. Royc..U... Hf11LNtGgWt....I'.C. "'- FIls .IoJtot~/Y)' '111~ J.., 0",.. AMo. Owz,<<,.... TOOf)1J_c .JfIo~ X4n1t ~-sz- Gri.._ HOI/.~_",c. Dalk'- DouUsMJ1b Jh1a"'_ C",*"I'__ The Caucus 1&J'ee$1hat having only o~ level of govemment ~vo!ved in program 1J::l::::::"""':.I'.c.. .~rlminidzltiOl1 could streamline ",doting arrangements. permit bno-stop shoppi!lg, and E~- Q.c._~:e!:: efliQart 1lSC oCm-payers dollar.s. Savings would ~y within the spending ht y~_. ..__ .. 1 ! rm''''~~6J The federal Libml OrA CaucU$ is compOsed of33 MPs and 1 Senators' and represents - ....' ~. ~_-:- .1. . - the !",liti~ pte$CDCe an~ intere~ of fl\e <mater Toronto Area within the Ontario and" .;: . 1. - . National Liberal Caucus In Ontario. ; I (613) 996.96&1, (4,16) 298-4224 (613) 992.S234 i j , I I I I I I I I I I I I I II I . CANAOA Qe!.r. c...k lAo. M.I'. Ylc:. ehafr s........ iANttt JiJlM ~ H4Ir. PI.In' JJtna HOIf.J""'~"''''Q.c. N.~H_p.c. H-. ~1fIV CHlf Hott.IlkJwrJ ~ H.... 1'_ Stol!")' II I I U IYIH Y ut( HHl'll'<c ....Hbl=.11111/1101 I I . , COUNCIL INFORMATIONI I GREATER TORONTO AREA FEDERAL L1~RAL CAUCUS , 1-5 For Immediate Rei.... February 211997 PRESS RELEASE: I i i=~G [C't\& Dt~ I GTA CAUCUS URGES CAUTION ON BOU$NG TALKS . I Ou.....a: The Cederal Libera! Greater Toroctn Area (OT A) eal.1eu, today urged the I Honourable Diane Marleau, Minister Responsible for Canada MOIf&age and Housing COlpOration (CMHC), to move cautiously 011 the proposal to ~e the provincial iOvcrzunent in ODtario eclminister fedetaI social housing ~ in Ontario. . The Ca.ueus mem.bers an; 1in:n in their view, IS is the Minister ~ eyi~ federal n"',{;"8 for socW housing which includes subsidies. residential rehabilitation and the non-profit and co-operauve housing sectors. must not be imp~ or dlmlniRftM by Mminiserative changes now being negotiated between Ottawa and the provinces. In particular. the OrA CIueu$ has taken note oCthe On~o JvammCl1t'$ proposal to restrUCtUre municipal functlOIl$ and to assign social housing ~ to municipalities. . "Our ea- has beard the C(I~ms expressed by the ~ housiD& 5el:t.or and we want to be sure that federal and provincial proposals ~ not diminish our commitment to social housing" stated Bill Graham, MP (R.o~e). on behalf of CA.....'" members. I . II - .. :~---r- ~. ... ..Contact: j .~__n_+-__ . I --.----, Derdc Lee MP Bill Graham MP . -._.._--;---j(.....~C_hom.c""""'..d.,6I4O'- ON XJAlJA6 1"11: (61J) I_I F~:(flJ)fH..6UJ n F(;;.-Lr~--~' *;. TOTAL PAGE. 001 ** --',- I I I I I I I I I I I I jl j I I . .i' ~3'i~:LI EST: ASSOCIATIOK Of?-} 21-97 FRI 05:06 PM A M 0 905&2341[,9 CLERH--i:larington I1un Page lIlI2 FAX NO, 4169297574 p, Ol/O! Abte 1-6 AlIt!Ioc.leUon of MunfelpalU'os or Onbrio 250 Blobr Sh E., Suite 701 Toronto, ON M4W 1 E6 Tel: (416) 929.7673 . Fax: (416) 929.7574 EmaJ1: amo@amo.municom.eom For Immediate Action COUNCIL INFORMATION TRANSITION TEAMS FOR WHO DOES WHAT REFORMS ANNOUNCED THE ISSUE: The government and AMO have announced the establishment of two transition teams related to the Who Does What announcements, THE FACTS: In a joint press release issued today, AMO and the government announced that Terry Mundell, AMO President will co-chair two teams on behalf of the municipal sector - one dedicated to social and community health services and the other to all other proposed changes relating to the Who Does What announcements. Jack Carroll, Parliamentary Assistant to Janet Ecker will co-chalr the social and community health services team and Ernie Hardeman, Parliamentary Assistant to AI Leach will co-chair the other team. Both teams will have municipal representatives from across the province. Municipal members will be comprised of elected officials, supported by senior staff drawn from the AMO membership. The process will be well served by the participalion of a broad range of individuals with varying expertise from across the province. Representatives to the two teams will be named over the coming weeks. Today's announcements signal that the two levels of govemment are prepared to work cooperatively to: explore options to the "megaweek" announcements that meet the objectives of both levels of government; provide advice on a range of design, transition and management issues relaling to a new alignment of responsibilities; and map out how municipalities will access more than $1.8 Billion In restructuring and investment funds. President Mundell was quoted as saying that "its important that [the municipal] voice is heard throughout the development. transition and Implementation phases of these refonns. I am optimlstio that by working together we can ensure that all alternatives are explored. Property taxpayers will accept nothing less." Copies of the press release have been faxed to all municipalities and are also available on AMO's MUNICOM Network. ACTION REQUESTED: The Associatlon will keep the membership Informed of progress in these discussIons. Terms of Reference for the two teams and detailed workplans for each of the transition teams will be provided to the membership once available. For further information contact: Deborah Dubenofsky, Director of Policy and Government Relations at (4 t 6) 929-7573 eX!. 309 or at ddubenofsky@amo.municom.corrr, or Brian Rosborough, Communications Consultant at (416) 929-7573 ex!. 312 or al brosborough@amo.munlcom.com . For fax transmission problems: Lilian Cheung et (416) 929-7573 exl. 30B or at Icheung@amo.fTIunicom.com Fl;lbruarv2:1,19317 Psoe"l I I I I I I I I I I I II I II , II t II - COUNCIL INFORMATION Ontario Video Gaming Corporation 1-7 E. Marshall Pollock, Q.C. President and C.E.O. February 12th, 1997 fRJ mrrrnU\Vl)lJ)). '~ .:;J~ '-'-! J..,. .... fED 2 4 1997 """'''"'MilA ' i\ t, <:,.' it.... tl",~. .It; ~"'.,,~:t.-ei..-i - To the Mayor and Council. l;lUt>llCIf>AUfY OF CLARINGT~ MAYOR'S OffICE. He: Video Lottery Termin..ls (VLTs) -A Balanced Perspective Dear Mayor and Councillors: As the former Assistant Deputy Attorney General of Ontario, and the one who started the Ontario Lottery Corporation in 1975, I am always overcome by a sense of "deja vu" when I hear or read the comments of the opponents of gambling who raise the spectre of a nation of problem gamblers every time a new form of gambling is introduced. Unfortunately, much oftodais media coverage ofVLTs tends to be more emotional than factual. It focuses on the misfortune of the small minority of unfortunate individuals who suffer from compulsive personality disorders that lead to compulsive gambling behavior, without any reference to the wealth of empirical and clinical data that can put each of these very sad, anecdotal stories, in their proper factual context. For example, there is rarely any mention in the media of the fact that more than 95% of Canadians have absolutely NO PROBLEM with gambling, and of the remainder, only 1% of the population exhibits the profile of the compulsive or addictive gambler. Neither is there reference to the clinical fact that exposure to gambling devices or opportunities cannot "create" an addict -- the individual must be biologically and psychologically predisposed. Similarly, there is no mention of the fact that, according to the foremost authorities on addiction and problem gambling, there is no evidence to support the suggestion that VLTs are any more addictive than any other form of gambling, and no acknowledgment of the fact that according to the Vice President of Research of the Addiction Research Foundation of Ontario, Dr. Robin Room, there is no clinical or scientific support for the use of the highly inflammatory and misleading analogy between VLTs and "crack cocaine". Absent also is any reference to Government sponsored treatment programs like the $9 million per year from VLT revenues to be allocated by the Ontario government to establish and support public education and treatment for compulsive or problem gamblers who need clinical help and not pious lectures. The Ontario program will be the best funded and most advanced of its kind in the world. Neither is there any reference to the wealth of objective and balanced research studies from allover North America that confirm that the level or prevalence of problem gambling remains constant or stable notwithstanding the introduction of major new forms of gambling, such as casinos and VLTs. 1090 Don Mills Road, Suite 600, Toronto, ON M3C 3R6 Tel: (416) 444-6660 Ex. 282 Fax: (416) 444-7352 Ontario Video Gaming Corporation February 12th, 1997 Page 2 According to a joint study released in April 1996 by Professor Ron Frisch of the University of Windsor and the Canadian Foundation on Compulsive Gambling, which used data compiled before and after the opening of the Windsor Casino (which has more than 2,500 slot machines and VLTs), there was no signifICant change in the number of problem gamblers nor any significant increase in the weekly expenditures on gambling, which ranged between $10 and $11 before and after the opening of the casino. A similar result was reported in the first follow-up study in North America conducted by Dr. Rachel Volberg (the academician/consultant who does virtually all of the statewide prevalence studies) into the relationship between problem gambling and video gambling in South Dakota. South Dakota has had VLTs since 1989 and has the highest concentration ofVLTs per population -- one for every 75 persons. This compares with one in 200 as proposed for Ontario. Shortly after VLTs were introduced in South Dakota, Dr. Volberg conducted' a comprehensive baseline survey of gambling patterns of the population and repeated it two years later to see if the overall rate of gambling and gambling problems increased over time. The result of that study, like the Windsor study, confirmed that there is no increase in the overall prevalence rate of problem gamblers following the introduction of new forms of gambling like VLTs. As a Massachusetts Senate committee investigating problem gambling recently put it: "Problem gamblers gamble regardless of the legal status of a venue." And there are no data "showing that gaming venues "cause" problem gambling." What is clear from all of these studies is that addictive or problem gambling is not contagious. You can't "catch it" from a VLT or a casino. You have to be predisposed, and according to most experts, that small percentage of the population that is predisposed, has probably already found a gambling opportunity in horseracing, lotteries or bingo. It's not a question of whether legalized gambling brings the behaviour; the behaviour finds an outlet for itself. Contrary to the views often expressed in the media -- governments don't cause gambling. Gambling is older than governments. People have gambled since prehistoric times. Indeed some of the ships that transported our forefathers to this country and some of the public institutions that educated them when they got here, were funded by public lotteries. While it is true that lotteries and casinos provide a considerable amount of non- tax revenues to government, witlwut public demand there would be no new revenues to share. Lotteries and casinos are not a tax. Indeed they are the very antithesis of a tax. Lotteries and gaming are a "voluntary activity" and, because only those who play, pay, rather than being an engine of oppressive government intervention, they are the essence of democratic choice. The fact is, gaming is the fastest growing segment of the entertainment industry because the PUBLIC, not the government, has decided it is an attractive entertainment alternative. Certainly government revenues are a factor, but in the tradition of responsive democracy, governments are legalizing new forms of gaming-entertainment because the public wants it. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II 11 !: Ontario Video Gaming Corporation February 12th, 1997 Page 3 What is the alternative? Clearly, as the ill-fated experiment with the attempt to control or eliminate the use of beverage alcohol proved earlier this century __ prohibition does not work. Experience has shown that the only real beneficiaries of Prohibition were the criminal elements that supplied illegal alcohol and actually fought the repeal of the legislation. So it is with gambling. As recent police raids confirm, there are already thousands of illegal video lottery terminals (VLTs) in those provinces that do not have a legal alternative. In Ontario, according to the Ontario Provincial Police, up to $1 billion each year is lost to the underground economy through the estimated 20,000 illegal VLTs operating within the province. According to the Canadian Association of Chiefs of Police, "the legalization of various forms of gambling (including VLTs) in some provinces has significantly reduced illegal gambling activities in those areas, and resulted in enormous economic benefits to government." . By legalizing VLTs, governments not only help police combat illegal gambling, but can divert much of this otherwise "ill gotten gain" to more useful and productive purposes. The Addictions Foundation of Manitoba agrees. According to Herb Thompson, who runs the Foundation, "Prohibition doesn't work ... limiting VLTs to licensed premises, is restriction enough." But the centerpiece of the anti-gambling opinion, and the focus of those who oppose all gambling on religious or moral grounds, continues to be the spectre of a nation of problem gamblers. Beginning with the lottery, some 20 years ago, whenever any new form of gaming is sought to be legalized, we are immediately deluged with a litany of apocalyptic predictions. But none of these predictions ever came true. For some insight into why they didn't, one need look no further than to the Study on Gambling in Ontario by the Addiction Research Foundation of Ontario (ARF) (August 10, 1995) and to the paper entitled the General Theory of Addiction (May 1995) delivered by Dr. Durand Jacobs, an internationally respected expert on addictions, to the Ontario Conference on Problem Gambling, held in Toronto and sponsored by the Canadian Foundation on Compulsive Gambling, the Addiction Research Foundation of Ontario and the Donwoods Institute. The good news in the Addiction Research Foundation Study, is the fact that the overwhelming majority of Ontarians (91% to 95%) do not have ANY problem with gambling and, of the remainder, only 1% exhibit the profile of the compulsive or addictive gambler. Dr. Jacobs, in defining the scope of problem gambling, identifies the target community from a vantage point of over 30 years in the field. In his view, when we talk about problem gamblers "we are talking about a minority of the population, who are stressed out by their biological and psychological conditions _ somewhere between one and two percent." We are not facing the potential of "a whole population becoming addicted to gambling". Neither are Canadians gullible and naively optimistic as some opponents of gambling would have us believe. The ARFdata underscores the fact that Ontarians, The fact that Canadians have exhibited this significant measure of self-control in participating in an activity engaged in by most as an exciting and entert...ining experience, bodes well for those who support a common sense approach to less, rather than .more, government intervention in our daily live~. ;-:::-._:_~_,_~:__,__:-:::.:._::_I I though~ thi.s would be the case when I started-up the On~no Lottery L' - 0-:; 1?11!2 U i i U '" Corporation m 1975, and I am very pleased that the expenence over thecpast /")::::1.________ twenty years or so, confirms it. Yours very truly, Ontario Video Gaming Corporation February 12th, 1997 Page 4 .. like other Canadians, have a pretty balanced and informed understanding of the gambling issue __ its pluses and minuses -- and because of this, don't spend a lot of time and money on gambling. It also demonstrates, that for the majority of people, gambling is Mt a major moral issue but rather a matter of choice. According to the study, over 84% of adult Ontarians participate in one form of gambling or another Ootteries, bingo, horse races, casinos, cards, video lotteries and sports) and gamble modestly -- less than $10 per week n without ill effects. The recent Report of the National Council of Welfare also confirms that most Canadians have a pretty balanced and moderate approach to gambling. According to that study, the average weekly expenditure on gambling in Canada is $4.04 -- the cost of a package of cigarettes and about one-third of the amount spent on beverage alcohol. Similar results are born out by the study of video lottery players by Brandon University, which confirmed that most people who played VLTs did so once'or twice a week, for about 30 minutes at a time and spent about $10 per occasion. The study also confirmed that over 85% ofVLT players budgeted their VLT gambling- entertainment dollars, and stuck to that budget whether they won or lost. According to all of the independent research studies in Canada and the United States, gambling problems, as real as they may be to the individuals affected,are not epidemic and Canada, as a society, is not in danger of becoming a nation of uncontrolled gamblers. Indeed, all of the evidence suggests that Canadians approach gambling in the context of a strong prevailing value system, an accurate understanding of gambling's pro's and con's, and a moderate and sensible participation level. Rather than the excess predicted by its opponents, the Canadian experience has been just the opposite. Government regulated gambling in Canada has proved to be a popular and entertaining pastime for a large number of people who treat it as just another option in an ever-changing array of acceptable adult entertainment alternatives. I I I I I I I I I I I I I : :~ ": :<."/- (fl_-- __~:.:C:>TD ----~-=~ . I J ----. I : i - I :-------/--=1 :-=-~-~=~=-l===- - -;~;--~P6--Cfz?K~--1 ",:';:'i.)~ l!1_ ' 6.R.o A ~ E. Marshall Pollock, Q.C. I I I I I I I I I I I II J I I II Please deliver to: MUNICIPALITY OF CLARINGTON COUNCIL INFORMATION 1-8 Ne"'~elease COmmunique Atfe @ Ontario .~SSOCi<HiOfl IX Municipalities of Otllario Mlniay of MW\icipal Affa'NJ and HOysing Mlnistet-e des Affa:ir'8S ",unicipBfes et du Logem@llt February 21, 1997 Mnnicipalities to have a savas nartnen on Who DOeR \Vbst Reforms Municipalities will have a say on how best to improve upon and carry out a wide range of proposed Who Does What refonus, Minister of Municipal Affairs and Housing AI Leach and Minister of Community and Social Services Janet Ecker said today. As promised at the time of the original announcements, two special teams are being set up _ one dedicated to social and community health services and the other to all other proposed WOW changes. Co-chairing both teams is Terry Mundell, President of the Association of Municipalities of Ontario. Jack Carroll, Parliamentary Assistant to the Minister of Community and Social Services will co-<:hair the social and community health services team, and Ernie Hardeman, Parliamentary Assistant to the Minister of Municipal Affairs and Housing will c0- chair the provinciaVmunicipal team. Proposed refonus are intended to reduce waste and duplication, and provide better services at - -=- less cost to taxpayers. "These transition teams are a partnership that will benefit the people of Ontario," Leach said. "Designing and implementing proposed changes is going to be a complex task, requiring tremendous cooperation and flexibility on the part of the province and municipalities." Ecker said: "I am confident that these special tearns will help to ensure that all parties are fully prepared to handle their new respousibilities. There is obviously a lot of planning and work that must be done. We're looking for advice on how best to proceed, and we are prepared to explore options that meet our mutual objectives." Both transition teams will have municipal representatives from across the province. Members will advise the government on a wide range of design, transition and management issues relating to a new alignment of responsibilities. Team members will be named over the coming weeks. On the social and community health services team, some of the first issues to be discussed are the design of the Municipal Social Assistance Reserve, and the potential for alternative cost-sharing methods fo!: social programs. 12 -- , I I I I I I I I I I I I I I I I I I I - 2- On the provincia1/municipallranSition team, one issue that will receive attention up front will be municipal access to more than $1.8 billion in restructuring and reinvestment funds. "Municipalities are now at the table to help design and plan for change," Terry Mundell said. "It's important that our voice is heard throughout the development, transition and implementation phases of these reforms. I am optimistic that by working together we can ensure tllat all alternatives are explored. Property taxpayers will accept nothing less." - 30- Note to Editoffi T eITY Mandell, President of AMO, Minister of Municipal Affairs and Housing AI Leach, and Mini$tel' of Community and Social Services Janet Ecker will meet today, Friday, at 1:30 p.m. 777 Bay Street, 17th floor, Minister's Boardroom to discllss the work of the transition teams. They will be available to the media after the meeting, at about 2 p.m. For information call: Christine Burkitt Minister's office, Ministry of Municipal Affairs and Housing (416) 585-6932 Phyllis Bennett Minister's office, Ministry of Community and Social Services (416) 325-5213 Doug Barnes Local Government Policy Branch, Ministry of Municipal Affairs and Housing (416) 585-7200 Brian Rosborough Association of Municipalities of Ontatio (416) 929-7573, ext. 312 - ;&~('1!~d '~"'70-' ifc::rC~:[(J;-.~: I I I I I I I I I I I :1 , , , II BACKGROUNDER WHO DOES WHAT PROVINCIAL/MUNICIPAL TRANSITION TEAM The team will advise the government on the design, implemention and management of proposed new roles and responsibilities for provincial and mlDlicipaI governments. It will also help ensure municipalities are fully prepared to handle their new responsibilities, and that both levels of government are ready to implement reforms by January I, 1998. ROLE: The team will advise the govenunent on: · information, training and technical expertise development for municipal and provincial staff, and other service providers · the reinvestment and restructuring funds · tools to deliver services at the lowest possible cost · programs, standards and perfonnance measures to help ensure people get the best quality services in a consistent way across the province · the best way to time, design, organize and implement the smooth transfer of services, and any assets or liabilities associated with those services · "best practices" to manage changes in responsibilities, and · technology, administrative and financial issues which may arise from the realigmnent of responsibilities. In addition, the team will develop information packages on new service responsibilities and will monitor impacts as implementation unfolds. MEMBERSHIP: 1be team, co-chaired by Association of Municipalities of Ontario President Teny M\U1dell and Ernie Hardeman, Parliamentary Assistant to the Minister of Municipal Affairs and Housing, will have representatives from across the province, including politicians and staff from both the provincial and municipal governments. TIMING: 1be team will operate throughout 1997 and beyond, during both the design and implementation stages. BACKGROUNDER WHO DOES WHAT SOCIAL AND COMMUNITY HEALTH SERVICES TRANSITION TEAM The team will facilitate smooth transition to a more integrated and efficient delivery of social and community health services at the municipal leveL ROLE: The team will advise the government on: . the most effective models for integrated local delivery of social and community health programs . the number of consolidated municipal service delivery agents and their boundaries . issues relating to the design and implementation of changes in cost-sharing . design of the Municipal Social Assistance Reserve . design of a Long Term Care Agency . principles for developing provincial standards, complementary local standards and accountability mechanisms for individual programs . communications coordinated with municipalities, other ministries, stakeholders and the public at large during design, p\anDing and implementation . questions of integration, consistency and capacity for local variation across programs . management strategies, processes and structures for the new provinciallmunicipal system . human resource strategies and labour relations during tranSition . training and education requirements, and strategies for addressing these at the provincial and municipal levels ..2 I I I I I I I I I I I I I I I I I I I I I I I I I I II I il -2- MEMBERSHIP: I The team will be co-chaired by Association ofMunicipaIities of Ontario President Terry Mundell and Jack Carroll, Parliamentary Assistant to the Minister of Community and Social Services. It wiIl have representatives from across the province, including politicians and staff from both the provincial and municipal governments. TIMING: The team will operate throughout 1997 and beyond, during the design, transition and implementation stages. I I II ~ II I I II 1 II COUNCIL INFORMATION 1-9 FED 20 1121 AM '97 February 16,1997. II King Street, Newcastle Ontario, LlBIH3. 'I , " ! Mr. D. Malowney. Director of Education, Northumberland & Clarington Board of Education, 834 D'arcy SI. N. Cobourg Ontario K9A4L2. II :.. I , Dear Sir; "Attention Board members" We would like to acknowledge the Boards two responses to Pauline Storks dated February 4thl1997. Once again you have avoided answering our inquiries by giving us a lump sum of $1.320,000 without any breakdown Please answer the following. I. when was this estimate made? 2. who made this estimate? 3. how many items that you list had already been done, roof, updating offumace. Public Meeting to Discuss Demolition of old School: Each time we asked you for specifics all we ever heard from the Board was a Public Meeting held December 14 tho at the Community Hall ten days before Xmas 1994.We have only found one person who could remember about the meeting and was quite sure it was to announce the new school and did not cover demolition of the old schooL Once again you have failed to supply proof of this meeting We would like to have the following supplied. I. copy of your ad announcing this meeting. 2. copy of the agenda. 3.copy of the minutes. 4. Estimated attendance. ~.AS'.' .,~~~;f/ #1.";';"; j r,u;V2 ;/ uJLu _ u.. -_.:::::r I , '~= 1-- -~~~.~l ...---+ ". - ._-*J _ _._u__.", .. . . /I' -- . ... /iC / No 1 YOUr~UI~ U/ . W.J. torks, I I I I I I I I I I I I I I I I I I I I notice that you have corrected the cost of demolition from $137.830.98 to $145,000.00.Which is correct? Our committee in less than a week collected 536 names. We are enclosing copies of the petitions and don't let anyone tell you they are just teenagers. In fact we still have people coming in wanting to sign the petition. In ward three Newcastle, we will now have a strong voice with the formation of a rate payers association that will monitor the actions of our elected officials in the future. Fortunately your board in its present form is just about finished. We will be no more isolated by having to deal with the Province, They could not be a worse body to deal with than you have been. We have accepted the fact that the old school is gone, and would hope you have learned to grant reasonable people a fair hearing in the future. In closing I would like to say it is unfortunate that the Board will not be remembered for our fine new school. You will long be remembered for your callous handling of the demolition and the demise of a fine old piece of history. A member of the Newcastle Ad Hoc Committee pc. Mayor & Council Municipality ofClarington I 'I I I I I I I 'I II ,I II , \.. !I f ! C:\PROGRAM FILES\SOFTQUADlHOTMETAL pqO\gifs\botoOOOO.htm http://www.gov.on.caIFIN/bot-a.hl COMMUNICATIONS FOR INFORMATION I - 10 ~ackgrounder Document d'information ~~~~ce ~ft'FInInCII Toronto ON M7A 1Y7 Toronto ON M7A 1Y7 (i)Ontal AGENDA Fair Municipal Finance Act Eliminating Business Occupancy Tax The Fair Municipal Finance Act eliminates the unfair and discrimioatory Business Occupancy Tax (BOT). This tax was designed nearly a century ago and was based on classifications which are outdated and no longer make sense. The tax is impossible for taxpayers to understand and it is expensive to administer. Businesses have long been asking for the elimination of this arbitraIy and outdated tax. Background: To create a more eqnitable system of taxation for business, the govemment is scrapping the BOT, which is a property tax paid by businesses in addition to realty tax. BOT is determined by taking the assessed value of the part of a property used by a business, multiplied by a percentage rate specific to the type of business. The commercial mill rate is applied to the result, generating the tax. BOT is paid by the business operating out of a property, rather than the property owner. The percentages applied to various businesses range from 25 to 75 percent For example, in the same building, the BOT percentage applied to a professional office would be 50 per cent, while that applied to an insurance company would be 75 per cent. When the BOT was devised in 1904, the different rates applicable to different kinds of businesses were intended to be a proxy for the amount of personal property owned. These classifications are no longer current and the BOT no longer makes sense. Municipalities will be empowered to decide whether or not to recover equivalent municipal revenues from any or all property classes, in the form of realty tax on property ownea.,CollYmID-&. theJ~.QT to a realty tax \~ill mean.that property owners, not tenants, will pay the tax. I C!~~~mUTION I For more information: I .... '-___..._--; i :;Cri_ ii't _._u_ . I' ~Pjl~;,;;!l' ". u, _. l ~ I 0.. .-.~_.-.....-.-.- i C Pit~. "~ t:.,-.- - ---. /Name: IIHelen Harper IIMichele LalondellCarl1senburg , IPhone:II(416) 327-023~1(416) 327-0252 11(905) 433-58041 January 16, 1997 1----- -~ F~:.~=~.-- .::._- , --"~''''''.'-' "'__h..~. __ -l. I --'--, F~~=~~'~~~,-~~~!",=~ ,.._---.,-~~-'... MMAH - News Releases I Communique Page I I I I I I I I I I I I I I I I I I I I News Release Communique:' Release: November 8, 1996 Eliminate business occupancy tax, Crombie panel says Who Does What panel chair David Crombie told the provincial government today it should eliminate the Business Occupancy Tax -- a $1.6 billion municipal tax source. In a letter to Municipal Affairs and Housing Minister AI Leach, Crombie said the different tax treatment of different types of business is difficult to justify, and the tax can be difficult to collect. Municipalities should be permitted to recover the lost revenue through the property tax, Crombie said. They should be able to decide whether to collect it across the entire tax base or from the business properties now subject to the Business Occupancy Tax. The sub-panel also recommended that: :? · municipalities be allowed to decide whether to tax multi-residential rental property at the same rate as single residential properties, rather than at a much higher rate, as is now the case; . linear properties, such as railway and hydro rights of way, be assessed at the average per-acre value of industrial land in the municipality, and taxed at the industrial rate, and that the Minister of Finance be able to prescribe a discount rate to reflect limitations to the use or marketability of these properties; . the province's 13 intemational bridges and one tunnel be assessed based on rental income and bridge tolls, and taxed at the commercial rate; . the current Development Charges Act be retained, with some administrative improvements, and that municipalities continue to be permitted to decide on development charges in accordance with the Act; . the window for assessment appeals be extended from 21 days to 60 or 90 days, that the assessment commissioner be permitted to revise the assessment roll before the end of the appeal period to permit alternative dispute resolution before moving to the formalized appeal process, and that there be only one level of appeal rather than the current two; · a municipal advisory committee be established to monitor and advise on the reassessment now under way; I I I I I I I I I I ~I I I I I I I I I MMAH - News Releases I Communique · the province develop a detailed education program, including seminars, to help municipalities implement a reformed property tax system; · the province not transfer responsibility for assessment delivery to municipalities until after the assessment update has been completed. Page 2 Crombie said these recommendations build on the panel's earlier recommendation that Ontario's assessment system be province-wide and value based, with values brought up-to-date and kept up-to-date. "Our previous recommendation that all properties be assessed at their current value based on current use rather than on speculative or potential value under an alternative use is a fundamental principle guiding all of the sub-panel's deliberations," Crombie said. The Who Does What panel was appointed May 30 to begin a complete overhaul of who does what in the delivery and funding of many government services. The goal is to ensure the very best service delivery by reducing waste, duplication and the over-all cost of government at the provincial and local government levels. Reoort from the Who Does What Sub-panel on Assessment and PropertY Tax Reform For more information, please contact: Oavid Crombie Who Does What chair 314-9468 David Ross Who Does What Secretariat (416) 585-7023 Myra Wiener Who Does What Secretariat (416) 585-6296 Home /I About The Ministiv II Core Business /I In The News II -II Francais M MAR - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform Page 1 I I . I I I I I I I I . I I I I I I I Report from the Who Does What Sub-panel on Assessment and Property Tax Reform November 8, 1996 The Honourable AI Leach Minister of Municipal Affairs and Housing 17th Floor, 777 Bay Street Toronto, Ontario M5,G 2E5 Dear Minister: I am pleased to provide the third report from the Who Does What Sub-Panel on Assessment and Property Tax Reform. This report provides our recommendations on many of the issues raised in our . first two letters as well as on the business occupancy tax, the tax treatment of multi-residential and linear properties (railway and hydro rights-of-way), intemational bridges, development charges and the assessment appeals process. Finally, the sub-panel would like to provide its views on the assessment update process, and some initial comments on the future of the assessment delivery system. ,~ In our first letter we recommended that, for assessment purposes, the province bring our property values up to date, and keep them up to date, Ontario has always had a value-based assessment system, but inconsistent assessment practice and out-of-date assessments have created significant problems. We were pleased that Cabinet endorsed these recommendations and that prO\ince-wide reassessment is already under way. Our second letter addressed a number of assessment policy and local tax measures which we feel will help municipalities implement property tax reform in Ontario. These recommendations are still before Cabinet. Our previous recommendation that all properties be assessed at their current value based on current use rather than on speculative or potential value under an alternative use is a fundamental principle guiding all of the sub-pane!'s deliberations. TAX POLICY OPTIONS In our second letter, the sub-panel recommended that a number of tax policy options be made available to municipalities so that they may better respond to their own revenue needs and tax capacity. We would like to elaborate on those tax policy options and make some additional recommendations. l. Property Classes I I I I I I I I I I I I II I I ! II II I I II I MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform The sub-panel has recommended the establishment of several property classes. The sub-panel recommends that the province establish property classes for residential, multi-residential, commercial and industriaL However, the sub-panel believes that it should be left to municipalities to determine whether to tax two or more of the property classes at the same tax rate. Page 2 -,.; The sub-panel is continuing its examination of other property tax issues and may recommend the establishment of a limited number of additional property classes. 2. Different Tax Rates for Different Classes of Property The sub-panel has further discussed the use of variable tax rates by municipalities. In our second letter we recommended that the province should set parameters within which municipalities can set different tax rates for different property classes. This requires the establishment of a benchmark class to be used as the base to set the tax rates applicable to the other property classes. In almost every municipality the residential property assessment represents the highest proportion of the overall assessment base. Furthermore, a few municipalities do not have any commercial assessment. Therefore, we recommend that the province use the residential tax rate as the benchmark rate. We also recommend that the province establish the upper and lower limits for the percentage tax ratios for the multi-residential, commercial and industrial property classes and express them in relation to this residential benchmark. The ranges for non-residential percentage tax ratios will be greater than or equal to the residential tax rate which will be 100%. The existing ranges (including the consolidation of the business occupancy tax, as discussed on page 3) are; multi-residential class 100% - 4900/0 of the residential tax rate, commercial class 140% - 460% of the residential tax rate, industrial class 190% - 6500/0 of the residential tax rate. The province should provide municipalities with their "starting point" percentage tax ratios and the relevant formula based on the existing tax burden relationship between property classes. Municipalities would be permitted to maintain those existing tax rate relationships if they wish, even if they are outside the provincially established ranges. But, as noted in our earlier ~etter, if those municipalities with tax rates outside of the proposed ranges want to alter the relationship between their tax rates, they would be permitted to move only toward the prescribed ranges. The sub-panel recommends that the provincially established ranges should bring tax rates among the property classes closer together and the sub-panel will provide its advice on the scope of these ranges in a later report, The sub-panel recommends that the business occupancy tax be abolished. As this is a significant source of revenue for municipalities and school boards, municipalities should be permitted to recover the equivalent revenues from any or all property tax classes. The "starting point" formula, mentioned previously in this letter, would provide sufficient flexibility to accommodate the recovery of the lost business occupancy tax revenues from each of the commercial and industrial classes equal to \...-hat that class currently pays, I Page 3 I I I I I I I I I I I I I I I I I I MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform Finally, the sub-panel has given limited consideration to whether upper tier or lower tienmunicipalities should make the decision on setting the percentage tax ratios for the different property classes. This is clearly linked to the continuing discussion by the full Panel on municipal governance generally. Once the full Panel has dealt with the broad governance issue, a recommendation will be made on which level of municipal government(s) should establish the relationship between tax rates for the various classes of property. 3. Phase-Ins Once a recommendation on the broad governance issue has been made by the full Panel, a recommendation will be made on which level of municipal government(s) should be responsible for phasing-in tax changes as a result of the reassessment and the elimination ofthe business occupancy tax as discussed below. BUSINESS OCCUPANCY TAX ~ The sub-panel has also dealt with the business occupancy tax. The business occupancy tax is a responsibility of the business occupant, rather than the owner, of the property While the business occupancy tax is separate from the realty tax, it is part of the total property tax pool that funds local government services. It generates about 11 per cent ($1.6 billion) of total property taxes. Business assessment is computed by taking the assessed value of a property multiplied by a percentage rate that is specific to the particular business, The percentages applied to various businesses for the business occupancy tax were assigned in 1904 on the perceived ability-to-pay and remained in force until the 1980s, when the number of percentage rates was reduced. Whatever the rationale may have been in 1904 for the percentages, it is difficult to justify on any logical or consistent basis today. In addition, because the liability for business tax is attached to the person operating the business rather than to the property on whose value the tax is based, municipalities experience significant collection problems, Business tax arrears at the end of 1995 totalled over $200 million. I I I I I I II , I . I I . I I I . I I I I MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform Eliminating the business occupancy tax would reduce municipal administrative-costs and the cost of providing assessment services. This would help meet the government's overall goal of more effective local and provincial governments. Page 4 Finally, the sub-panel determined that it is not necessary for the province to intervene between landlords and tenants regarding the pass-through of any realty tax increases caused by the elimination of the business occupancy tax. Normal negotiations and market conditions should be allowed to operate regarding such pass-throughs. TAXATION OF MULTI-RESIDENTIAL RENTAL PROPERTY The sub-panel recognizes that the way multi-residential rental properties are assessed is unfair and that this issue should be addressed as part of the move to a province-wide value-based property assessment and tax system. The fact that many multi-residential rental properties currently fiIce effective tax rates which are up to nearly five times as high as single-residential properties (including owner-occupied condominiums) is a serious concern. The sub-panel is prepared to advise on the tax policy aspect of the problem. However, the need to expand the supply ofrentaI housing should be addressed by the province through a broad strategy which goes well beyond the focus of the sub-panel, or indeed the full Panel. The sub-panel believes that the provincial ranges should permit municipalities to tax the multi residential property class at the same level as single-residential properties. However, the decision as to whether to do this and, if so, when, should be left to the municipality. The magnitude of the multi-residential tax problem varies significantly across the province. Municipalities are in the best position to deal with this in a manner which reflects the best interests of the community, the impacts on their revenue base, and the capacity of the municipality to bear these tax shifts. The sub-panel considered the recommendation in the Lampert Report which would allow the creation ora separate property class for newly-constructed rental housing. However, the sub panel was opposed to the idea of creating a separate property class for new rental buildings as this would introduce complexity and could lead to establishing a permanent difference in tax treaunent between new and existing multi-residential buildings. TAXATION OF LINEAR PROPERTIES In keeping with the fundamental principle of assessment based on current value for current use and to meet the above concerns, the sub-panel recommends that the rentallncome and bridge tolls be I Page 5 I I I I I I I I I I I I I I I I I I MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform The sub-panel has examined the property tax treatment of linear d., "properties - primarily railway and hydm (publii;;and private) rights-of-way. The existing tax treatment, which uses the value of abutting properties to determine the assessment value of railway and hydro rights-of-way, is inconsistent with the sub-pane!'s earlier recommendation on current value based upon current use. The sub-panel has examined the practices for valuation and taxation of rights-of-way in other jurisdictions in Canada and the United States, There does not seem to be any consistent way of determining assessment values or property tax treatment by provinces, states or municipalities within the two countries. The sub-panel does recognize the unique nature of these properties, and the roles that these businesses play in the overall competitiveness of the provincial economy. The sub-panel recommends that the province introduce legislation to change the existing method of assessing railway and hydro rights-of-way. A recommended approach would be to establish an average value per acre for industrial land in the municipality and apply this per acre value to the railway and hydro rights-of-way within each municipality. In those instances where municipalities do not haye any industrial land, the average per acre value for vacant land is to be used. ....'! The sub-panel also recognizes the need to provide flexibility for the Ministry of Finance to prescribe a discount rate to apply to assessed values to reflect limitations to the use or marketability of these unique properties. The sub-panel also recommends that railway and hydro rights-of-way be in the industrial property class. INTERNATIONAL BRIDGES AND TUNNEL The sub-panel has considered the property taxation of Ontario's 13 international bridges and one tunnel connecting the province with the states of New York, Michigan and Minnesota. The sub panel recognizes that the existing inconsistency in taxing practices causes concern for both municipalities and bridge authorities. The sub-panel also recognizes the problems associated with the enfurcement of tax obligations. The Municipal Tax Sales Act which allows for seizure and sale for arrears of taxes, cannot be applied to an international bridge as it falls under federal jurisdiction. Consequently, federal co-operation is essential to enfurce payment if an authority govemed by a U.S. jurisdiction declines to pay. I ! I I I I I I I I i 11 I I I II j" il '..1 ': MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Refonn used to set the assessed values of the related land, buildings and bridge span or tunnel and.there~'subject to full assessment and property taxation, Page 6 The sub-panel acknowledges that the successful implementation of this recommendation requires the co-operation of the federal govemment and urges the province to initiate these discussions immediately. The sub-panel recommends that intemational bridges and tunnel remain in the commercial property class. DEVELOPMENT CHARGES The sub-panel supports the fundamental principles underlying the current Development Charees Act. The sub-panel believes that the range of services and associated capital costs that can be included under the Act are reasonable and fair. It recognizes that a number of technical/administrative amendments are required to improve the operational aspects of the Act. Furtheffilore, current legislation provides a satisfactory process to ensure that development charges policy is applied in a fair and open fashion. The process allows for public meetings and appeals to the OMB. Development charges are a critical and essential municipal revenue source for financing growth related capital infrastructure. Any amendments to the Act to reduce the scope or pennitted level of development charges will mean higher municipal taxes or user fees, It is also noted that the pennissive nature of the Act does not obligate municipalities to impose a development charge. For these reasons, the sub-panel strongly recommends that municipalities should continue to decide on the level of development charges in accordance with the Act. ASSESSMENT APPEALS The sub-panel has also reviewed the existing assessment appeals process and its costs. The current system is expensive and adversarial. Assessors and property owners are now heavily involved in a time-consuming two-level appeal process that adds to the cost of assessment delivery and upsets ratepayers. The sub-panel recommends a number of improvements to the existing appeals process. This is particularly important in view of the current province-wide assessment update and the anticipated level of appeals in the first year or two of the updated system. The sub-panel believes that the annual window for filing assessment appeals be lengthened from the current 21 days to 60-90 days and the assessment commissioner be pennitted to revise the assessment roll before the appeal period expires. This 1. Update Process . Page 7 ~. ., . I . I I I I I I I I I I . I I MMAH - Report from the Who Does What Sub-panel on Assessment and Property Tax Reform would allow for the resolution of disputes through consultation or mediation before moving to a formalized appeals process. Finally, the sub-panel further recommends that only one level of appeal be available to property owners, through the Assessment Review Board. Information provided on the experience in Nova Scotia would suggest that through alternative dispute resolution, the majority of assessment appeals can be resolved quickly and cost effectively. This will reduce the backlog of appeals, improve customer satisfaction, and reduce cost for all property owners and users. This revised appeals process should be implemented as soon as possible. The sub-panel further recommends that, under this new streamlined regime, the province should ensure that members appointed to the Assessment Review Board are knowledgeable with respect to appraisal theory and assessment practices and that Board members have so'me familiarity with the municipality in which the property under appeal is located. ASSESSMENT UPDATE ,~ As noted earlier, the sub-panel was pleased that its initial recommendation on province-wide, value-based assessment system was accepted by the province, The sub-panel has received several updates on the status of this project. From our discussions with assessment officials, we believe that they are committed to meeting both the govemment's timetable, and the needs of Ontario municipalities. The decisions by the province to invest heavily in the assessment update, and to cover the cost of the appeals resulting from this update as recommended in our second letter, reinforce the commitment to meet these goals on time, and with a quality product. The sub-panel urges the province to undertake all measures to ensure a high quality update is delivered on time. Because a smooth implementation of the assessment update is critical to municipalities in safeguarding their $14 billion tax base, the sub-panel recommends that the Property Assessment Division of the Ministry of Finance and the Association of Municipalities of Ontario (AMO) establish a municipal advisory committee to provide advice and support, to monitor the progress and quality of the assessment update and to provide an independent review of progress on behalf of municipalities and ratepayers. The advisory committee will enhance the credibility of the process, overcoming past concerns about the timely delivery of a qwility product. I I I I I I I I I I I I I I I I ! I I I MMAH - Re ort from the Who Does What Sub- anel on Assessment and Pro Tax Reform Pa e8 The sub-panel is aware that the province will be providing 'ii' ,ac}ditional information to the general public and municipalities on this process. The sub-panel urges the province to consider a detailed communication package, including seminars, for municipalities so that they may be better prepared to implement a reformed property tax system. 2. Assessment Service Delivery While the assessment update project proceeds, the province has also indicated that one of its business goals is to transfer the responsibility for assessment delivery to its municipal partners. The sub-panel has briefly reviewed this concept and generally agrees that municipalities should assume full operational control over any entity that may deliver assessment services with the province continuing to set policy. The sub-panel strongly feels that the transfer of assessment delivery should occur when the revised assessment system has stabilized, An organizational change of this magnitude while the update is under way could jeopardize the accuracy and quality of the assessments and undennioe the integrity of the process. The sub-panel is seeking advice from AMO on the implementation of a new assessment delivery system and will make a more detailed report at a later date. CONTINUING AGENDA Over the next weeks, the sub-panel will proceed to examine those property tax issues that tend to be more generalized. These include: · lands pending development · farm tax rebate · conservation lands and managed forests · mixed -use buildings · hotels · . telecommunications · pipelines · provincial land tax · payments-in-lieu · exempt properties and other specific considerations such as cultural facilities and arts organizations, heritage buildings and buildings owned by not-for-profit entities · tax treatment of recreational properties · independent hydraulic power plants · underground mining facilities · assessment delivery Once again, it is our intention to provide recommendations to you David Crombie Chair Who Does What Advisory Panel ce. Who Does What Advisory Panel I Page 9 I I I I I I I I I I I I I I I I I I MMAH - Report from the Who Does What Sub-panel on Assessment and Properly Tax Reform and your colleagues on these matters. Sincerely, Home /I About The Ministrv /I Core Business /lln The News /I -II News Release /I Francais ;..~ I I I I I I II J: , I j 'I II 1. I - 11 Sune 121, 20 Carlton Street. i,lVNICI?AlITY OF Cl.ARINGTON The OnMriet1Ttliffk Conference An Association for the Improvement of Traffic Conditions and Traffic Safety in the Municipalities of Ontario SEIZE THE OPPORTUNITY! A chance to upgrade the knowledge of your parking and traffic staff .,. and at minimum cost? That's just the opportunity that the newly formatted, 1997 OTC Annual Convention will present when it convenes at the Sheraton Toronto East Hotel, May 4,5, and 6. We've expanded the programme to include separate, concurrent sessions, delivered by highly qualified and knowledgeable speakers. The topics will include parking and traffic issues that are constantly being met in the eveIY-day operation of a municipality - the problems that arise, and how some municipalities have solved them. The programme is aimed at attracting, in addition to the delegates who normally attend the OTC Annual Convention, those people who have attended the OTC parking and traffic workshops, as well as those who have previously chosen not to go, because of "lack of content", and also those who have not been permitted to go, usually "for budgetary reasons". The fact is, that by sending delegates to the OTC Annual Convention, a municipality will be investing but a small amount of money for a very substantial return. Here are three veIY important reasons why municipalities will benefit by sending their parking and traffic staff to the Convention: Networking: This is a widely under-rated, yet extremely important. benefit that comes with the OTC Annual Convention. The Convention provides a forum where staff can meet with their counterparts from other municipalities on neutral ground, to discuss common problems, the solutions, and how they were arrived at This stuff is simply not to be found at any place of learning, at any price! 2 NEW Technical Sessions: Talks on parking and traffic issues, given by experienced and qualified speakers on highly relevant topics, mostly aimed at reducing operational costs and/or improving services and operational efficiencies. The audience can also expect glimpses of what is hovering on the horizon, as the technology advances. . 3. Trade Show: This offers the opportunity for your staff to, (a) participate in a hands-on familiarization with the new products and systems and, ... (b) to discuss with knowledgeable people, how each municipality can benefit from the new products and systems. This whole programme is concentrated in one day, May 5, 1997, so as to provided a huge BANG for ~BU~ . In keeping with the convention's theme, "A TIME FOR ACTION", start planning lIOW to take advantage of this opportunity. I u: Ulan., Hamre, MUnicIpality 01 uartngton FROM:FCM 2/20/9701 :34:29 - 1/2 I I I I I I I I I I I I I I I I I I I COMMUNICATIONS FOR INFORMATION Please distribute to all members of council / I - 12 COMMUNIQUE February 18, 1997 AGENDA FCM LOOKS TO FEDERAL GOVERNMENT FOR LONG TERM STRATEGIC PLAN ON MUNICIPAL INFRASTRUCTURE Ottawa - This afternoon, Finance Minister Paul Martin presented his Budget to the Canadian. people. An additional $425 million has been added to the Canada Infrastructure Works (CIW) Program for fiscal 1997198. Although this funding will help municipal governments address some of their infrastructure requirements for the current year, FCM believes that a longer term approach in needed to tackle the national infrastructure deficit. "All of us who have a stake in the future of both the local and national economies must work together in developing a long term strategic plan on municipal infrastructure, I am fully confident that we can find a solution which will benefrt all Canadians," said FCM President Bryon Wilfert, Research & Development Initiative The federal government announced that it is embarking on a multi-year research and development infrastructure program but there is no provision in the budget for municipal infrastructure beyond the 1997 construction season. President Wilfert called on the federal government to broaden its muiti-year approach to include municipal infrastructure renewal that it commenced four years ago in partnership with provinces and municipalities. He suggested that the Prime Minister invite the provinces, municipal governments and the private sector to a national roundtable discussion on infrastructure in Canada. "By developing a long term strategy to address municipal infrastructure, we can all work together towards building a better Canada:" FCM works extensively with federal departments and agencies, particularly on issues relating to municipal infrastructure. Current projects focus on developing more efficient technologies and innovative financing options. To cite a few examples: FCM is working with the National Research Councirs (NRC) Institute for Research in Construction (lRC) in developing a National Technical Guide on Urban Infrastructure; and with the Canada Mortgage and Housing Corporation (CMHC) on new ways for municipal governments to finance infrastructure projects. -30- For more information, please contact Stephane R. Blais, Policy Analyst, at the FCM IW . , ' , , . , I "I : I 1; I 1'0' I ""I i i~: ! i ' : i ' I,.. Secretariat in Ottawa: Tel: (613) 241-5221. FAX: (613) ?Z1'1 1 ,-e;'.fsli 'l: ' :C . . ~ : ' . :~ : :/- i 'rA. ! tn ~ tt; _. ,):: ;::i ~::: II III i I ! : 1'1' . I ! ~ . I I I I I I I I I I I I I I I I I I I ''-'. ....,...,,'" nanne, MUnicipality 01 Llannglon FROM: FCM 2120/97 01 ,35:34 - 2)2 ~:;;- ;^;1o~ u ~ COMMUNICATIONS FOR INFORMATION Please distribute to all members of council / I - 13 1"~ COMMUNIQUE AGENDA February 18, 1997 FEDERAL BUDGET STILL DISCRIMINATES AGAINST PUBLIC TRANSIT Ottawa - The Federation of Canadian Municipalities (FCM) expressed disappointment today that Finance Minister Paul Martin has missed another opportunity for action on climate change by failing to remove the estimated $570 federal tax advantage given to the average automobile commuter over the average public transit commuter. Although employer-provided parking benefits are nominaliy taxable, most employees qualify for exemptions allowed under the Income Tax Act. Employer-provided transit passes, on the other hand, appear as financial benefits on an employee's T-4 Slip and are fully taxed. When the $1200 average annual value of an urban parking space is combined with the $570 income tax break and GST avoidance, untaxed parking benefits (with no transit benefits) result in a $1726 annual financial incentive for automobile over transit commuting. Canada lags behind the U.S. and most European countries where employer-provided transit passes are not a taxable benefit. FCM President Bryon Wilfert said that, "Not only is federal income tax policy undermining public transit and leading to increased traffic congestion and costs for municipallaxpayers, it is also undermining the federal governmenfs self-professed goal of reducing Canada's greenhouse gas emissions.. Transportation is the largest single source of greenhouse gas emissions in Canada. The Government of Canada has admitted it will be unable to meet its commitment to stabilize greenhouse gas emissions at 1990 levels by 2000 made at the United Nations Conference on Environment and Development in 1992. A report released in January by Transport 2000 Canada, prepared by Todd Litman of the Victoria Transport Policy Institute, estimated that making employer-provided transit passes income tax exempt would eliminate as much as 300 million kilometres of annual urban automobile travel within ten years, reducing by 35% the expected growth in peak period travel to Canada's major urban centres. This would save billions of dollars in road construction costs, avoid tens of thousands of tonnes of greenhouse gas emissions per year and relieve traffic congestion, thereby reducing transportation costs and enhancing economic efficiency. In a meeting with FCM before his 1996 budget, Finance Minister Paul Martin agreed to consider the transit pass proposal at a later date. The proposal has been endorsed by the: House of Commons Standing Committee on the Environment and Sustainable Development, Task Force on Economic Instruments and Disincentives to Sound Environmental Practices (appointed by the Finance Minister and the Environment Minister), Transportation Association of Canada, Canadian Urban Transit Association, Transport 2000 Canada, National Round Table on Environment and Economy, and other organizations. -30- For more information, please contact: Daniel McGregor, Senior Policy Analyst, at the FCM Secretariat in Ottawa: Tel: (613) 241-5221; FAX: (613) 241-7440; e-mail: dmcgregor@fcm.ca. I I I I I I I I I I I II I j il , II I II I I I II COMMUNICATIONS FOR INFORMATION I - 14 ~\CIP4{ ~0 n /r { Q-R~: % '-t)' of; 0,0 o<f. OUTAN.""i METRO CLERK The Municipality of Metropolitan Toronto 55 John Slreet Sin. 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 fEB 20 II 21 ~H '97 Novina Wong Metropolitan CJerlc Ralph Walton Deputy Metropolitan Clerk February 14, 1997 Ms. Pattie Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Ms. Barrie: I am enclosing tor your Information and any attention deemed necessary, Clause No. 1 contained In Report No.2 of The Planning and Transportatlon Committee, headed "Resolution tor Federation of Canadian Municipalities (FCM) on Municipal Protection of Ral Corridors", which was adopted, without amendment, by the Councl of The Municipality of Metropolitan T oron!o at its meeting held on February 12 and 13, 1997. Yours truly, fY~ Metropolitan Clerk R. WaJton/csb Encl f'-----'--"-- __'_oO__'......_...__ I D[ST~ITiON f Clause sent to: Executive Director, Federation of Canadian Municipalities ! :, c~~, I ~,. .. . .. _ I Regional and Area Municipalities Wllhln the Greater Toronto Ar; ~:,~':, tW.. '-' n , ',;1 , c...,..NAl t . _ '"'' , r-:::......- _.~_..., 1 ;..i;.-.~tS T ; r ,.---.- -.-- ,........,.-..._,~, , i . .....,,-- -..--...., i 1 ....- I "'~'''1 I - '_..~ ~....._. ._..-...-~ I '--'." ."".:,--~::I==_J; i j .'-l'-~-""--"'~ , I r-' ,-------- ~'CIP..q< tQ.1i~~ \\.1'0 l 0.0'-' ~ OI.ITAM 1:0 METRO CLERK Clause embodied in Report No.2 of The Planning and Transportation Committee, as adopted by the Council of The Municipality of Metropolitan Toronto at its meeting held on February 12 and 13, 1997. 1 RESOLUTION FOR FEDERATION OF CANADIAN MUNICIPAUTIES (FCM) ON MUNICIPAL PROTECTION OF RAIL CORRIDORS. (The Metropolitan Council on Febnuuy 12 and 13, 1997, adopted this Clause, without amendment) The Planning and Transportation Committee recommends the adoption of Recommendation No. (1), embodied In the report (January 21, 1997) from the Deputy Commissioner of Planning, viz: "(1) It is recommended that Metropolitan Council: \1t (a) adopt the attached resolution and advise the Federation of Canadian Municipalities (FCM) accordingly; and (b) forward copies of this report to MetropOlitan Area Municipalities and all Regional and other area municipalities within the Greater Toronto Area for their endorsement and future support at the FCM meetings;", The Planning and Transportation Committee reports, for the information of Council, havlng: (a) adopted Recommendation No. (2), embodied In the rspO'it (January 21,1997) from the Deputy Commissioner of Planning, viz: "(2) It Is recommended that the Planning and Transportation Committee advise the FCM of its support for the attached resolution prior to FCM's February 10, 1997, deadline, on the understanding that Metropolitan Councn will consider the resolution at its February 12, 1997, meeting."; and (b) dkected that this matter be submitted to Council for consideration at its meeting scheduled to be held on February 12, 1997_ The Planning and Transportation Committee submits the following report (January 21, 1997) from the Deputy Commissioner of Planning: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I 3 Summary Chart: This report conforms with the following: Council Approved Three-year Plan Approved Capital Budget Standing Committee Approved Program Priority Corporate Personnel and (n/a) Administrative Policies (n/a) Approved Current Budget (n/a) (n/a) (n/a) Metro Official Plan (x) Contact Name and Teleohone Number: Mr. AR. Gordon, 392-8785. Resolution for the Federation of Canadian Munlcioalities WHEREAS Canadian National Railways and Canadian Pacific Ran (now St Lawrence and Hudson In eastern Canada) are Interested In disposing of non-profitable ral corridors across Canada; and WHEREAS the new Canada Transportation Act provides the opportunity for provinces and municipalities to purchase abandoned ran corridors at net salvage value; and WHEREAS rail corridors are vital components of the infrastructure serving urban areas and cannot be replaced: and WHEREAS abandoned rail corridors should be protected for future municipal infrastructure, including public transit, cycling. and pedestrian faclities, the provision of which Is consistent with Federal Government commitments to reduce emissions produced by automobiles; and WHEREAS the current Federal Government Is seriously considering a new or extended Federal/Provinclal/Munlclpallnfrastructure program; NOW TliEREFORE BE IT RESOLVED THAT the Federa,tion of Canadian Munfclpalities requests the Federal Government to allow municipal purchases of abandoned raD corridors as eligible projects under any new or extended Federal/Provincial/Municipal Infrastructure program. The Planning ;lnd TranSpol1atlon Committee reports, for the Information of Councll, also having had before It a memorandum (December 23, 1996) from the Deputy Metropolllan Clerk, addressed to Members of MetrOpolitan Councll and Heads of Metro Departments, submitting a copy of a convnunlcation (December 12, 1996) from the Federation of Canadian Munlcl~1lfes (FCM) inviting the submission of resolutions on subjects of national municipal Interest for debate at the March, 1997, rneetk1g of FCM's National Board of Directors or at FCM's Annual Conference in June, 1997; drawing attenlion to the deadline for submissions of February 10, 1997; and advising that proposed Resolutions shoUd be forwarded to the appropriate Standing Committee for recommendation to Council. I , , I" I I I I I I I I I I I II I I I I I COMMUNICATIONS FOR INFORMATION I - 15 .bte rEB Zo. . 1121 aM '97 Association of Municipalities of Ontario ... unitt.s Onf,lf;o's munidpdliti(>s February 11, 1997 To the Municipal Clerk: Re: Important Changes to AMO's Resolutions Process Every year, the Association receives thousands of resolutions from its members, tackling a wide range of municipal issues. By sending a resolution to AMO, a municipality hopes to generate sufficient support to influence Provincial policy on a matter of concem to that municipality. Unfortunately, experience has demonstrated that resolutions are a very inefficient way of influencing govemment. opinion. Why is the resolutions process ineffective? There are several reasons: . The sheer number of resolutions submitted to AMO each year (over 3,500) means that a significant amount of staff time must be devoted to the administration of the association's intemal resolutions process - staff time which could be spent more productively working with the provincial government to further municipal interests. The vast majority of these resolutions received are endorsements of resolutions already sent to AMO by the originating municipality. I' ! l~[}lJO Association of Municipalities of Ontario A Concise Guide To Writing Resolutions for AMO Construction of the resolution. However, care The Preamble must be taken to ensure Resolution that this does not localize The purpose of the the resolution and place it All AMO resolutions preamble is to lead up to in jeopardy of being seen contain a preamble the operative clause. as a strictly local issue by followed by an operative Each clause is a separate the Association. clause. but concise paragraph which familiarizes the The Operative The Resolutions reader with the nature of Committee requires that the problem and. the Clause ALL RESOLUTIONS reason for the request. HA VE A PREAMBLE. The reader is then All operative clauses begin prepared to consider the with, "THEREFORE BE IT The preamble is solution/call to action RESOLVED THAT the composed of a number of offered in the operative Association of :;~ clauses. How many clause. Municipalities of depends on the complexity Ontario..... This is usually of the issue with which the All preamble clauses begin then followed with either resolution is dealing. with 'WHEREAS' and, "requests...' or "is opposed Ideally, however, there where appropriate,should to...'. should be no more than start out by referring to any two clauses to the applicable legislation, In the case of operative preamble. Always use the proper title clauses requesting an of the Act or number of the action by a minister, it is The operative clause Bill in question, This can imperative that this request contains the actual call to be found in the Ontario be directed to the proper action which the resolution Statute Citator by referring minister, that is, the is requesting. to the Bill in question. If minister having jurisdiction The resolution should possible, list the particular over the legislation in sections of the Bill or Act to question. When referring answer the following which the resolution is to the minister, use the questions: taking exception. phrase, 'the Minister of...., rather than the individual's .. Whafs the . The preamble should then name. This keeps the problem? go on to explain what is, resolution applicable in the .. Whafs causing the exactly, the problem. This event of a change in problem? is best explained by using Cabinet. .. Whafs the best examples of the actual way to solve the incident(s) precipitating the problem? I I I I I I I I I I I I I I I I I I I I ( I I I I I I I I I ~I i , I , I II I I I I I 3 In addition to implementing these changes, we are asking AMO members to help us to process resolutions as quickly as possible by doing the following: 1) Call us before you send in a resolution. Before sending a resolution to AMO, give us a call. We may be able to advise you of a quicker, more effective way to get the results that you want. Please call either Doug Raven at (416) 929-7573 ex!. 306 or Deborah Dubenofsky at (416) 929-7573, ex!. 309. 2) Do not submit endorsements of other municipalities' resolutions to AMO, or ask other municipalities to send endorsements of your resolution to us. The vast majority of the thousands of resolutions received by AMO each year are endorsements of resolutions already submitted to AMO. Every resolution submitted to the association is carefully considered, whether it is received from one member municipality or five hundred. Having to deal with hundreds of copies of the same resolution merely decreases the amount of time we can spend following up on the issues you would like us to address. If you want to have other municipalities endorse your resolution, ask them to send the endorsements to your municipality, not to AMO. 3) Follow the prescribed resolution format and structure to ensure quick results. To be considered, the resolution must be presented in the proper resolution format. A description of that format is attached for your information. Resolutions which are incorrectly formatted will be retumed to the originating municipality for reformatting. 4) Enclose a concise background report It is not always clear from the wording of a resolution exactly what the issue is that the municipality would like to have addressed. To ensure that your resolution can be dealt with quickly, please attach a brief (one or two page) background report which clearly sets out both the nature of the problem which needs to be addressed and the remedy being requested. If you have any questions about these changes, or for more information about the TeS!Jlutions process, please feel free to call me at (416) 929-7573, ext, 306. ! i.~GTioi~--; Yours rruly, . ", .. '_". ., ~ <........ !~l ... ...../..!: . ~L : ''11. ;' n..... . .._..~ f .'.-,.,,-" ,. _:~':~..:-, .~::; a~ :-~~:~.;:':;-- .:'~iD: ---......,0; Doug Raven Executive Director NOTE: A copy of the in the Clerks '---"-- -_...J ._J -l ---I --..,-- ------.._.J f . .~.. ~"....,) , new Mandate is available Department_ . I I I I I I I I I I ~I I I I I I I I I 63/63/97.23:17:25 EST; ASSOCIATion OF?-) MAR-03-97 MON 05:56 PM A M 0 . M uOnIiciOpal 96562341&9 CLERK-Clarington Mun Page 662 FAX NO, 4169297574 P. 01 AttieI - 16 ^-S90ciation'of Munlclpalllles. or Ontario r..... ,"'" l'E'''' "...,. 'R""....."..' rT~"'.. '" A.,/" ::Li..""!:"""';: j . . ~ ' . ' -.. I . , /' \ " ~ t . 250 Blood Sl, E., Suite 701 Toronto, ON M4W 1 E6 Tal: (416) 929,7573 . Fax: (416) 929-7574 Email: amo@amo.munlcom.com For immediate action BILL 98 - DEVELOPMENT CHARGES ACT ISSUE: The government is poised to give second reading to this new Act and to refer the Bill to the Resources Development Standing Committee. AMO will be making a submission and expects to appear before the Standing Committee. THE FACTS: AMO's Board 01 Directors has considered the new Act and will be advancing the following policy positions: . Development charges should focus on service levels, standards and costs of development. The Act as currently written will erode municipal responsibility for detennining local property taxation, a responsibility for which Councils are held accountable. . New development should pay its way. Where growth related capital costs benefit existing property tax payers, the local development charge process should take this into account, It is inapPl'Opriate lor the Province to arbitrarily and unilaterally mandate a mandatory municipal contribution. . The Province has said that it makes the most sense for municipal governments to deliver inlrastructure services. Bill 98, however unnecessarily restricts municipal autonomy and authority. The net impact is a further destabilized municipal revenue base. Highlights of AMO's Recommendations: . The requirement for mandatory municipal co-payments from non-dca sources must be removed. . Service levels and standards should be part of a municipal review involving the development industry and not based on an arbitrary ten-year average service level. Where a service level is mandated or encouraged by the Province, such as stonnwater management, higher public transit modal splits and roads etc, then the associated costs should be recoverable and not be bound by a ten-year averaging standard. fet>n..:af'/3.1e97 PfJ,ClO 112 03/03/9723:10:06 EST; ASSOCIATIon OF?-) MAR-03-97 MON 05:57 PM A M 0 9056234169 CLERK-c Iaringtol1 Mun Page 0113 FAX NO, 4169297574 P. 02 Municipal Alert: Bill 98 - Development Charges Act . Municipalities are best suited to understand the needs of their communities. The Act should not exclude certain services from the dca charge nor make those exclusions retroactive. . There should be no mandated percentage reduction for any type of service. The services needed to facilitate and serve new growth should be lullv recovered through development charges, Any reduction in a development charge should be based on local circumstances, not a unilateral provincial requirement. Provisions for recognizing excess capacity and benefit to existing development has been built into the process and Is an appropriate approach. . A development charge complaint should go to the OMB only If a Council fails to make a decision within 90 days of the filing of a complaint. . Barriers to alternative service delivery, such as successor rights and pension pOltability, must be removed to help municipalities reduce the costs of services. A new Municipal Act must facilitate the use of special area rating and user fees. ACTION REQUIRED: Municipaiities are strongly encouraged to submit to the Minister of Municipal Affairs and Housing and to the Standing Committee, an analysis of the linancial impacts of Bill 98 on their capital budgets and property taxes. While the hearing dates have not been announced, we expect the hearings to occur later this month. !~ It is clear that the government has not fully appreciated the impacts of Bill 98, particularly In light of the proposed transler of responsibilities to municipalities. Municipalities may wish to bring this matter to the attention of their MPPs, local ratepayer groups, and others who likewise may wish to make a submission on Bill 98. AMO will keep the membership apprised of developments in this area. ! ,^~15T~~TION Forlurtherinformatiancontact: Pal Vanini. Senior Policy Advisor at (416) 929-~~~ er at pvanini@amo,municom.com j AC:( BY. 929-7573 i.JJil!GIN I CO'''~S TO: ! For tax transmission problems: Lilian Cheung at (416) fcheung@amo.municom.com !_-- Fe~arv3. 1QQ7 ~..- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~I I I I I I I I I 'COMMUNICATIONS FOR INFORMATION I - 17 ~ The Corporation of the Township of Dxbridge Town Unll 51 Toronto Street South P,O, Ilox 190 M", "? 3 Uxbli~e, Onlnrio fu-Jt I L9P IT! I 39 ~H '97 Telephone, (905) 852,9181 (905) 649,1938 fax (905) 85'2-%74 \n The Qcgiorol Municif"llily or Durham February 27, 1997 The Honourable Michael Harris Premier of Ontario Room 281 Legislative Building Queen's Park Toronto, Ontario M7A 1A1 RE: ESTABLISHMENT OF A G.T.S.B. GREATER TORONTO SERVICES BOARD TOWNSHIP FILE: GP-2 t 4 Dear Mr. Harris: Please be advised that the Council of the Township of Uxbridge at its regular meeting held on Monday, February 24th, t 997 adopted the following Resolution No. 15-97: "WHEREAS the Provincial Government appointed Mr. Milt Farrow as Special Advisor to the Minister of Municipal Affairs and Housing to prepare a report regarding the role and responsibilities of the Greater Toronto Services Board (G. T.S.B.). AND WHEREAS in a Discussion Paper dated February, 1997, the Special Advisor is . considering a number 6holes and responsibilities for the Board, far gre-ater than that of a dispute resolution and co-ordination body, including management, delivery, planning and ownership of services, including taxation, similar to another level of government. AND WHEREAS the formation ofthe Board and its mandate will have a very significant and long lasting impact on the Greater Toronto Area and, in particular, the residents of the Township of Uxbridge. AND WHEREAS the Special Advisor has indicated that his final report will be submitted direcdy to the Minister with no public review or consultation. NOW THEREFORE BE IT RESOLVED as follows: I. THAT the Council of The Corporation of the Township of Uxbridge hereby expresses its deep displeasure and concern with the process and haste which the Provincial Government is proceeding to establish the G.T,S.B. @ .../2 Page Two 2. THAT the Minister of Municipal Affairs and Housing is hereby respectfully requested to provide municipalities in the G, T.A. with a copy of the Special Advisor's report upon receipt of same, together with sufficient time to consider the report's recommendations and to provide input prior to any decision being made, 3.' THAT a copy of this Resolution be forwarded to the Premier, the Minister of Municipal Affairs and Housing, all M.P.P.'s representing the Region of Durham, the Region of Durham and its member municipalities. " Yours truly 4L~ , Walter Taylor Clerk /nas cc: , --.~i , I I I I I I I I I I I I I I I I I I I The Honourable AI Leach, Minister of Municipal Affairs Mr. H. Ha'mptoh, Leader of the Ontario New Democratic Party ... Mr. D. McGuinty, Leader of the Ontario Liberal Party r -cii-s.::l~ R' -'L~noN'.l The H~nourable Janet Ecker, M.P.P. (Durham-West) . r.ltR~/~____,_ : Ms. Julia Munro, M.P.P. (Durham-York) ! , Mr. Jerry Ouellette, M.P.P, (Oshawa) ;c,>l. fly....... Mr. John O'Toole, M.P.P. (Durham-East) Mr. Jim Flaherty, M.P.P. (Durham Centre) Mr. C. Lundy, Clerk, Region of Durham Mr. M. deRond, Clerk, Town of Ajax Mr. G. Graham, Clerk-Administrator, Township of Brock Mrs. P. Barrie, Clerk, Municipality of C1aringtoit/" Mr. B.C. Suter, Clerk, City of Oshawa Mr. B. Taylor, Clerk, Town of Pickering Mr. E. Cud die, Clerk-Administrator, Township of Scugog Mr. D. McKay, Clerk, Town of Whitby .".------.---..... i '~.;" _ ~~.: 10: -~ : -- .-.., --. I i_ ~ i I . - -~- i=~--.:..-- ~-=l:==J ~._..- ...._,+.=-J i='-"~' - .'. ~.._~~~[=--l C- 'D' Ft p',.~-<=-~ I I I I I I I I I I I I I I I I I I I COMMUNICATIONS FOR INFORMATION I - 18 , (,((311,;;", Newcastle Newca~~~ ~~I~r~r~~~ ~~~ VERSA CARE u a1 th C C tr Telephone (905) 987,4703 u"'i.";;';;':Y:c J.Ae are en e Tf) IJ1cr:mJ1Wml'~\ Fax (905) 987,3621 .; ~'~ 'E N n j.\ t~~ " <-!i.~ .,.!.... MAR 3 1997 Dear Mayor Hamre: lMIICIPALlTY OF CURINGTON MAYOR'S OFFICE I had the pleasure of listening to you at the Newcastle Chamber of Commerce annual dinner and was excited to hear about the positive activities occurring in our community with businesses. I am the Administrator at the nursing home, Versa-Care Centre in Newcastle and have not had the pleasure of meeting you. I am new to the region and am encouraged to see dedication and attentiveness to local businesses by yourself and your colleagues. I wanted you to know that our facility just received a three year Accreditation award. In the health care industIy this is eqnivaIent to the ISO awards. We are particularly proud of this because the process has changed to emphasize a client centered approach to care'and we have demonstrated to the Accreditation council that we deliver a high standard of care and setvices to the seniors of our community. Anyway, I wanted to take this opportunity to introduce myself and brag a little too! I.__".....~__. _n___~_~_~~.~,~,,~< ~ r~,c-::,'"7':--:--'::-.' l~'Oe:..' ~ , '-, -' , 't<<' II I" : , " .. /~~---~ i ! !;,~",'; "V~' I; f'.; 0' X:J1 i I""',."AI, 1 - j 1- ,.., ~ '-i"~o ' I::,,~::.'_ J : j I I In, ---< -. -) 1-- ~ ,-' - .-.- - --" '. -----I ',' -- --~~.- tu. '. ,. -----'--1 ! r'~----. 1 i~-~~7tJt;' , '6:-,p- I n ,..,4___..~. I I I I I I I I I I I I I I I I I I I us:.' .l..l..:', U."J.O O"lJ tf,J.):) "AI{SKELL GROUP 1410021002 .L";'.UU COMMUNICATIONS FOR INFORMATION I - 19 FOR IMMEDIATE RELEASE: FEBRUARY 21, 1997 AGEi~[;J\ Contact: Linda Laliberte General Manager, GRCA (905) 885-8173 GANARASKA REGION CONSERVATION AUTHORITY BOARD ELECTS ANN DRESLINSKI AS BOARD CHAIRPERSON PORT HOPE, ONT" February 20, 1997 -- The Ganaraska Region Conservation Authority (GRCA) elected Ann Oreslinski, Municipality of Clarington Councillor and Regional Councillor for the Region of Durham, to the position of Board Chair at their annual meting in Port Hope, Ontario on February 20, 1997_ The Ganaraska Region Conservation Authority which recognized its 50th Anniversary in 1996 has a board which is made up of representatives for the Townships of Cavan, Haldimand, Hamilton, Hope, and Manvers, the Towns of Cobourg and Port Hope, and the Municipality of Clarington, Ms. Dreslinski has been a representative to the GRCA for 6 years and served in 1996 on its 4 person Executive Committee. She has also served as Chair of the GRCA Advisory Board on Finance and Personnel. In Clarington she is Chair of the Planning Committee and Vice Chair of Planning for Durham Region. As a Regional Councillor she also serves on the CLOCA Authority. She resides in Orono, Ontario_ Larry Hall, representative for the Town of Port Hope was elected to the position of Vice Chair. Mr. Hall resides in Port Hope and has been a board member for 3 years. In assuming her new position, Ms. Oreslinski recognized the length of service and the feelings held by GRCA staff and the board at the resignation of the previous Chair, Mr. Gerry Houston. "Mr, HOuston served On the GRCA board for 19 years, 16 as its Chair and fil~ing his shoes will not be easy", said Ms. Dreslinski. Mr. Houston will retain the position of representative to the Association of Conservation Authorities of Ontario (ACAO) until March 31, 1997 at which time Ms. Dreslinski will replace him. -30- z " o I II liB !; I I II ,I- '~ I Ii i, I I,' 'I' j tn :::c .:'0 I ; (3 :: : ifc;: 1 i I 1\ , _~._._.___-c-------"":""____..___..-J _ _"---'--_____ I' I I I I I I I I I I I I I I I I I I .. "..-.r'"""OO . . . . - - -- COMMUNICATIONS FOR INFORMATION 5100 Yonge Street North Yorl<, Ontario M2N 5V7 I - 20 REPLY TO THE ATTENTION OF - - Ms. Rosemary Caranci 3 18 PH '91 395-7357 Tel: (4161395-7300 Fax:(4161~95-7337 MAR ~ North York CITY CLERK'S DEPARTMENT February 25. 1997 TO: ALL MUNICIPALITIES IN ONTARIO Dear Sir/Madam: RE: IMPACT OF RECENT PROVINCIAL ANNOUNCEMENTS. JANUARY 13 . 17, 1997 At its meeting of February 19, 1997, North York Council considered a report (February 6, 1997) from the City Administrator regarding the impact that the recent Provincial announcements will have on Ontario municipalities, Attached for your information is an Extract of Clause 4 of Management Committee Report NO.4 dated February 11. 1997, which was adopted by the Council of the City of North York on February 19, 1997 respecting the subject matter. Yours truly, ~S-l ~~U1-'~if! i CLEqKI::'~.L.____ 1 ! ':C". lit .__~_ . _..,.~" i ~::L":::~~~At T- :.......__ __._ -'...... . i-~~' '-"TO~-~ ,-..-...: . r~~' '-" ..--- ". 1-'. ~ t-- -, !----~ ~":i: i' r-~---- ~ i____ ~ '_ . ..: . J 1--'-------+-----'-\ L____ , '.........'l"'.,c....-..-. I ;. ." 1 F,~.: ';;,JiEl.:.:~,!.J Denis Kelly City Clerk RC:cp Att_ G:'GB\21'GENERAL'<l4FEBll I I I I I EXTRACT OF CLAUSE 4 OF MANAGEMENT COMMITTEE REPORT NO.4 DATED FEBRUARY 11, 1997 ADOPTED BY COUNCIL ON FEBRUARY 19,1997 BY RESOLUTION NO. 97-06 4. IMPACT OF RECENT PROVINCIAL ANNOUNCEMENTS - JANUARY 13 -17, 1997 I I I I I I I I I I I I I I Your Committee had before a the following report (February 6, 1997) from the City Administrator: 'The week of January 13 - 17, 1997 produced extensive and significant announcements and legislation tabled by the Province of Ontario that will affect Ontario's municipalaies including North York and the Metro region for many years to come. Some of the announcements stem directly from the work of the Who Does What panel, others, signfficantly do not. This report highlights the impacts on North York and the Metro region from these recent Provincial actions. As expected, the Province is eliminating grants still received by North York that support health, library and general municipal expenditures. At the Metro level, grants are eliminated for TTC, ambulance, and general municipal expendaures; The Province will also be passing on the cost of assessment services. As noted, these announcements - no more grants and paying for assessment, while not desired. have been expected over the past few years. NQl expected, is the removal of education costs from the tax bill of residential taxpayers and the subsequent increased financial and administrative responsibility municipally for general welfare. family beneffts, social housing and long-tenn care. While the Province has detennined that on an overall basis that the impact is neutral, it has become obvious that the impact on large older urban municipalities like ours is 0Q1 neutral. Appendix A* demonstrates the impact of the recent announcements on North York, Metro and the other municipalfties and a comparison of what share of the total Provincial package Metro new costs are. Because of the high proportion of weffare cases and social housing in Metro, there is 0Q1 a neutral tax impact but rather at least a 11.8% increase in taxes or ~ on average to North York taxpayers. If you include the following, the potential tax impact is 16.1 % or M1ll to a North York taxpayer. 1) Capaal grants of approximately $100 million currently received by the TTC that are protected to 2000 but will need to be picked up by Metro taxpayers in 2001. . Attached as Schedule . A'. G:'C8I21\EXTRAC'f\I)4FEB11.l.\4 -2 - I I I I I 2) Capital costs for social housing. Although not yet officialiy traDSferred to m unicipal~ies, the cap~al maintenance costs of $100 million per year could become a Metro responsibility over the next two . three years. 3) Capital costs for repairing and maintaining provincial highways that have yet to be downloaded. Appendix A' also includes the impact on a homeowner of including megacity transition costs of $150 million. The balance of this report deals with each of the Province's significant announcements and provides a brief impact or comment. . Residential property taxpayer . will no longer pay for education from property tax. Residential taxpayers wili effectively be paying for education through their income taxes. . Commercial property taxpayer . . will continue to pay for education from property tax. The Province will tell municipal~ies how much to collect and then the municipality will send the funds coliected to the school board. . A per pupil grant will be given . to each school board to supplement or ~op up' the commercial taxes coliected - so that per pupil spending across the Province is equalized. . Attached as Schedule . A'. ~1'EXfRACT'04FEB11.04 I I I I I I I I I I I I I I Creates 'tax room' for the residential taxpayer. An average tax bill of $3000 would decrease to $1400. But does the residential taxpayer ~ then pick up ali the downloads? Province has not declared whether there will be a 'uniform' tax rate for com mere ia lIindu stria I taxpayers across the Province. This is important to have in order that there be a level playing field for business across the GTA - so that business does not leave Metro for cheaper tax municipalities. This formula has not yet been developed. The Province will detail this formula later this winter. . If the per pupil granVspending is significantly below the public school current programs/budget spent in Metro, then the public school In Metro will be negatively impacted. I I I I I - 3- '1'11"'11" dJl!II""-'''ilIlI''''~, ;IIPIllli:'~" '. -""fi"-' ~i :'~#," ~!. IIi.Qfi~~_~,i'it~~'!~~!d:;'.__ -_-~:;;'i~'~1~_ ;;i:'mli~: >:;'J ,I" .-l" ',~~dlii!ii.AJ!li:iiJ.:_,;_,,__'ltJII&J!;,_,m:;,,;:i.li:.' """if:;;. ,( . Public and separate boards will . receive equal funding per pupil. . An 'Education Improvement . Commission' of 5 - 7 members has been appointed to oversee transition to the new system of governance in Ontario. The Commission has the combined the powers of the 'Transition Team' and the 'Board of Trustees' as described in Bill 103 - The City of Toronto Act (Megacity). The Commission can create committees to help in its work. 1'_"'.".' "~'l!l!I"'~,':")""Ii!llll' '" ,'!jl~,;,;",,,,, " "" ,~""!I!i~,,, JII;l"" ,.,' ,r; !i;lll~llWdllt!;i~iU'V' ' ,,, ",y . The Province is requiring . municipalities to increase their funding from 20% to 50% for short-term general wenare; childcare; hostels; long-term care (nursing homes); and requiring municipalities to increase their funding from 0% to 50% for long-term family benefits. I I I I I I I I I I I I I I The Province is requIring municipalities to increase to 100% their funding of social housing (currently 0%); domiciliary hostels (currently 20%). Q;'G8\21\EXTRACT'04fEB11.04 ':-":::i'r':";")\"',,, ,'.',"/,': ~Acis/COMMeNTS "d:i'l'" "', Up to now, the Separate School Boards have not had access to the revenue that the public boards have _ leading to different spending per student. This will become equalized under the new system. The Commission has been set up for the restructuring of the entire Province's school boards. It is likely that there will be a specific committee set up to handie the amalgamation of all 7 school boards in Metro. Municipalities have long been urging the Province that 100% of these costs be borne ~ the Province rather than municipalities. These costs are income redistributive in nature. The property tax is a regressive not progressive tax like income taxes. This initiative is contrary to all recommendations made by previous studies. - 4- "1\:'"'''''' "'~'''.'''R'i "'_'!!II , It'-.., .NIIE' """ 'l'lli; ", G, 'ii' ~j~.!1iI~1~''Wd!i)~~tr1iJA .;i":I!~'iif'J; .1!!I.'lI..' " ":'iIl'lljW." . The Province will assume full . funding responsibility for child welfare and women's shelters relieving municipalities of their current 20% share. . The Province has said that 'the . financial, legal and administrative issues involved in the management of Ontario's social housing portfolio are extremely complex. It will probably take from two to three years to deal with these Issues before moving to a full or partial transfer of these responsibilities to the municipalities. There will be plenty of time for consultation and negotiation with all of the affected groups'. G:"G8l21'EXTRAC1'04f'ml1.04 ~ml<'."""'''''IIl[''_i' ~~~~~:'~.~~i.ll'i Metro and other older urban centres like Ottawa, Hamilton, London, will be harder hit from all these initiatives than anywhere else in the Province. In particular, Metro has the highest number of social housing units com pared to our 905 nelghbours. The welfare and social housing download in Metro will negate the benefit to residential property taxpayers from removing education costs. In the 90S's, it is likely that . room' will still exist that will allow tax decreases even in spite of the elimination of grants as described in the next section. But the 905 regions are being extremely quiet about their impact from these announcements. If the Province cannot be convinced to reverse its position, or at least create a special funding relationship for Metro's social housing ie. 50% not 100% funding; then the GTA should help pay for these costs by using the proposed GTSB to coordinate the pooling of welfare and social housing costs across the GT A. It appears that the Province is definitely contemplating the transfer of ownership and therefore the transfer of capital maintenance of social housing to municipalities, in addition to the current income supplement program. Without the transfer of proper capital reserves, this transfer should not occur. It is estimated that at least $100 million in costs would be incurred annually just to maintain and repair the current housing stock. I I I I I I I I I I I I I I I I I I I I I I I I - 5 - . The Province is creating a $1.9 . billion Social Assistance Reserve Fund with a $700 million contribution today to help municipalities when the next recession hits and welfare caseloads spiral upwards. I I I I I I I I I I I I I I . The Province is eliminating the . grants for the above programs. The Province is taking our telephone gross receipts tax to its own funds because of larger issues surrounding the federal government. G:'GB\21\EXTRACl"MFrBl104 !jif~~g~~Nj~ ld~'~'FJN,.~""" ..Ie!'> ).c,.,....::"-;'. ;,";"";" " """"",,',",' ,:':tJ"Y o;:n,"':i'" No criteria or thresholds for different regions have yet been established. Once a threshold has been set, both the Province and municipalities should continue to budget for that threshold, moving excess funds in good times to a reserve and drawing down from the reserve in bad times. This is similar to how North York now budgets for snow clearing. These grants have been expected to be eliminated. North York had been, in particular, planning for the total elim ination of library and general support grants in 1998. The loss of the gross receipts tax is extremely unfortunate at this time. Much work has been done by municipalnies over the past few years to expand this revenue source to include cable com panies and other companies that use our municipal rights-of-way. Compensation still needs to be made to municipalities for their use of our rights-of-way. While the downloading of Go Transn was also expected, a fair allocation by the GTSB of these costs should be done based on the place of origin of passengers. - 6- . The Province, while eliminating . the $650 million general municipal support grant program, is creating a $1 billion Community Re'investment Fund, Early press material indicated that this fund is intended for mainly rural and northern municipalities. iii" ~~:"'~i., ','" ~"',', "~ ,,::. 'c. .NB1I'!>. '. ',' ,I ,.' I;. " ,"'.:, ,~ . '''' .' . .l.' . The Province is eliminating the . Business Occupancy Tax. ~~FEB11.04 I I I I I Rather than automatically receiving the general municipal support grant, municipalities will have to apply for this new funding. This fund is also a 'balancing' fund that is provided by the Province to add to its $5.4 billion in costs that it assumed versus the $6.4 billion downloaded onto municipalities. No criteria have yet been established for this fund. Provincial documents target these funds for rural and northern municipalities. In future years, as municipalities have leamed to deal with the increased downloads, the Province will be able to decrease the amount of this fund. .!.""........"~,."~JiJ,;"i"'.."..i!,!i... '''Bli'''' ,i' I"""., 1t'M/M . ",OM"'ENT~,..'" ,[w,., !i<~: .. ~~lmM::i)S;:""~.>,,' North York Council has supported this position. It will however, mean that $280 million now generated by this tax in North York will still need to be raised - possibly through the commerciaV industrial realty tax rate. I I I I I I I I I I I I I I I I I I I -7. -- ' . :. ..' ". . '.' . '.,. ,':, ;,', ,;_ "~; " ," :. ' '., -:i . The Province is reassessing all . properties in the Province of Ontario using June 30, 1996 as the base for the 1998 taxation year. The 1996 tape will also be used for 1999 and 2000. A June 30, 1999 base will be used for 2001 and 2002. A June 30, 2001 base will be used for 2003; a June 30, 2003 base will be used for 2004. The averaging of assessment years will begin in 2005 when the June 2003 and 2004 bases will be combined and will be complete in 2006 when a 3 year average based on June 2005, 2004 and 2003 will be used. . Municipalities will levy ~ax . rates' against defined classes of property. The Province can create a new class for small commercial if requested by the municipality. Tax rates will be pegged against a range of rates for a class of property. If the tax rate is currently outside the range a municipality can maintain that rate but not move it further away from the range. In other words, In Metro the tax burden of single-family residential cannot become less than it is today . but it can become more In order to move lin range', . In 1998, when a municipality . gets its new tape, it can phase in increases and decreases up to 8 years (an increase of 4 years). I I I I I I I I I I I I I I . The 15% difference in m ill rates . between commerciaVindustrial and residential is eliminated. G:'GB'.21\EXTRACl'MrEUI1.04 North York Council has previously supported the implementation of a new assessment system. Fixing the assessment system will be a step towards levelling the playing field for our business sector. The Province is not requiring municipalities to shift tax burdens from one class to another. In Metro, however, there will be pressure in 1998 and onwards from commerciaVindustrial and mulli-resldential to shift their burden onto single-family residential. The phase in only applies to the first reassessment in 1998. All other new assessment values in future are implemented immediately without phase-ins. The 15% differential put a greater tax burden on com mercial/industrial properties. Current burdens, as noted above, can be maintained but not made worse on the commerciallindustrial in Metro. This is a good program - one that most studies and municipalities have requested. The question yet to be answered is - who will pay for these deferrals? In B.C., the Province finances these programs. I I I I I - 8- %"'~"'I-~'_-1IIIIl~'m'_ ~i-V'~--":i"--'" :._ 'leSSMf' I" :, ' "'l ;:~I-:-;'l,;, ':;:;~nriji, - - iti:it.I~'>;j,~!!nJ_:-:t:_i _ _ - _/',~:; _~i1i- _ "__ " . The New Act allows for the . deferral of assessment related tax increases on residential for low income seniors, and low income disabled. "1I'lj~-'II;-;'~~- ." ~:,-_____ ,,~._ 'J.''. ;M~-.,-_;- 'l;. --', ~I IL _ l'.", ;:,,_:_~W . ,'''''':iIilVh!'_,!f\, <,,, '" JIL_~:::(;; ,;' ". CONCLUSIONS: The recent Provincial announcements were undertaken to clarify who does and who Days for what. In other words, to make it easier and simpler for our taxpayers to know who is responsible for the service. The Province had also expressed the notion that the announcements would be revenue neutral between the Province and the municipal sector as a whole. I I I I I I I I I I I I I I On the objective of clarifying roles, responsibilities and funding responsibilities, the Province did well on the 'hard' services. Municipalities have long been in the business of hard services delivery. The announcements in these areas are consistent with municipal objectives. However, the increased funding by municipalities in the social service or 'soft' services has only further entangled the Provincial - Municipal relationship. There may be improved efficiencies if the municipal sector is allowed to restructure accordingly in these areas. However, it is not clear yet whether m un icipalities will have an increased . say' for their increased 'pay'. This is a critical piece to any increased municipal funding in any program area. Regardless of whether municipalities will have say for pay, the entire aspact of downloading erratic and unplanned social services costs like welfare, long-term care and social housing will have devastating financial impacts on Metro. Action should be taken to alleviate these impacts from the property tax bill of larger. urban centers where these costs are !!.Q1 in the control of the municipalities. Finally, the recent Provincial announcements are not revenue neutral. The elimination of the municipal support program of $650 million clearly puts an additional $600 million onto all Ontario municipalities. The Community Reinvestment Fund of $1 billion should be allocated to all Ontario municipalities - not just rural and northern municipalities and be given automatically based on a formula in order to offset large property tax impacts. RECOMMENDATIONS: That North York Council: 1. Urge the Province of Ontario to create a level playing field for Metro businesses by establishing a uniform tax rate for education for commerciaVindustrial businesses at least across the GTA if not across the Province. G.-'G8\21\EX1RAC1'04FEB11.Q4 I I I I I - g- 2. Strongly urge the Province of Ontario to alleviate the burden on Metro taxpayers of welfare and social housing costs by either creating a special funding relationship with Metro welfare or require the GT A municipalities to share in these costs through the pooling of costs through the newly to be created GTSB (Greater Toronto Services Board). I I I I I I I I I I 'I I II I I 3. Strongly urge the Province of Ontario to create a new revenue Source for municipalities to replace the elimination of the gross receipts tax that recognizes the benefit given to corporations of the municipal rights-of-way. 4. Strongly urge the Province of Ontario to institute a fair method of allocating GO Transit costs that incorporates the passengers place of origin. 5. Strongly urge the Province of Ontario to DQ1 transfer ownership of social housing to municipalities. Any transfer should not occur without a full capllal replacement reserve fund. 6. Urge the Province of Ontario to finance the tax deferral of residential property taxes for low income seniors and low income disabled residents.' Appendix 'B", entitled 'What will happen to property taxes?', is attached as Schedule "N. Councillors George Mammollli and John Rlion addressed the Committee regarding this matter. Your Committee RECOMMENDS thatthe report (February6. 1997) from the City Administrator be adopted with the following amendments: a) that all downloading costs should be shared Province.wide; b) that the Province be strongly encouraged not to download social housing and highways. If the downloading of social housing and provincial highway. continues, then all necessary repairs should be done and a capital reserve fund should be provided to the munIcipalities; c) because the Province promised no new net costs to muniCipalities, that only a downloading plan that Is a "wash" (revenue neutral) be accepted; and d) this report be circulated to all municipalities In Ontario. NOTE See Council Minutes for recorded votes. O~R\711F'Y'1lU.r.'I'\t'\.Il:"""111t\J1 Jllili1.Ul' I!I UmUf..\:~'a IC..'U:,.... APPENDIX A SCHEDULE. (>.' Page 1 or 2 I DISENTANGLEMENT IMPAU ON NORTH YORK AND METRO MUNICIPALITIES (Millions) &MQll EdUalliUIl C.uss RE:l(..~i"L<; T il:< MUllidlml 5UI'I,orl G"'I,I~ New Pruvindrd Ollen(.."es Ad Reventle Avo: NfW 1 OU'%.MUNlClrAI CaslS Pulice Farm Tax Rebate Assessment Costs Transit (TTQ GuTransit Highways libraries Public Health Ambulance Homes lur Special Care Ferries. Airports Fire Sodal Housing Medication lor Seniors ADO: NFw 50% MtNCIP'AL COSTS Social Assislance Childcare Long Term Health Care Community Reinvestment Fund Net Cost 10 Municipalities . without nuleS 1,2,) - with notes 1,2,3 Tax Increase" - withoul noles 1,2,) - with notes 1 ,2,3 Tax Increase S - without notes 1,2,3 - with noles 1,2,3 t!2illi I Provil~ I (5,4001 100 650 (65) 100 165 120 217 110 70 20 225 200 25 15 10 090 100 2,655 270 1,150 1,707 (1,0001 707 1,307 N/A N/A -- -, I Norlh Melro, Other Melro TolalAII % 01 Totrd Yorl< GUes Education Province (12401 (12401 23 1.5 42.5 44 44 ti.5 73.5 UO n I I I 30 30 25 96 1, 96 44 40 4U 44 2. 1.0 6 7 8.6 30.4 39 17 35 35 lU 17 17 6U 0.7 0.7 5 369 J. 369 41 55 4. 55 55 632 632 23 75 75 19 252 252 22 17.6 522.1 539.7 32 I I I I I I I I I I I 1. Does not indude TIC capital in 2001 of $1 00 million provincial funds lhal'will become a municipal responsibilily. 2. Does not include capital costs of repairing and maintaining provincial highways. 3. Does nol include capital costs 01 repairing and maintaining sodal housing of S 100 million/year lhal could be transferred. I 4. Estimated CDSt of medicalion ror seniors Province wide. I 5. ",WinR in dE' estimated "Megacily'" transition cosl.s 01 S 1 SO million, hrings the Lolal net cost 10 S1lml.Z million whid\ represents ..1.2.!" increase in Iotal properly taxes or SilllJ'!r homeowner. pnl7117'(:A]MroiPtd rebnaty 13, 1991 I I I I I I I I I I I I I I II I I ~ I I '1 I I I II I APPENDIX 8 SCHEDULE. A Pago 2 of 2 WHAT Will HAPPEN TO PROP'RTYTAXESl The following attempt t,,'demonstrate the possible impacts of Provindal announcements and pending legislation over the past few months. Numbers are only examples - not EXACT! 1. R esicJenlial r.4" UCIOO tLHB Il..o... ...."dCUl. I~OO A" ......... "'" "'" Ded"l 1l.auau;tui..ac..hDaP 32ft A..c....nt -- - - ,... - 34001 32001 3000? 28001 - ,~ - - l2 NI. M..nlclp.' II Manlclp.' (!9 EdueatJoa 2. Com mercial/'nduslrial .,... AU ...... o\n"_OOI """ ....... ......... ... . _t1.-.. ...... '" m - nOO01 10000! - 80000! - - - - [] HlwMunlcfpal .. Manlclp" El Edctcl..... (1) Provindal unifonn rate may mean a decrease to Metro CommerciaVlnduslriaL (2) Assumes all provineal downloads are shared between residential and commercial/induslriaL CommerciaVlndustrial argue that lax room is created for residential - hence the downloads should be borne by residential. Jan271J~AAnised febru.1ry tJ, 1991 EXTRACT FROM THE MINUTES OF THE MEETING OF NORTH YORK COUNCIL HELD ON FEBRUARY 19, 1997 I I I I I 62. CLAUSE 4 OF MANAGEMENT COMMllTEE REPORT NO.4 DATED FEBRUARY 11, 1997 REGARDING IMPACT OF RECENT PROVINCIAL ANNOUNCEMENTS . JANUARY 13 . 17, 1997. This matter was moved into Council for the purpose of taking recorded votes. Councillor Severino ruled that an amendment moved by Councillor Sutherland in Committee of the Whole could not be considered until such time as the recommendations of the Management Committee had been voted on. Councillor Sutherland challenged the ruling of the Chair. Carried I I I I I I I I I I I I I I A recorded vote on upholding the ruling of the Chair was as follows: FOR: Mammoliti, Severino. Rizzo, Berger, Feldman, Lastman, Filion, Minnan-Wong AGAINST: Oi Giorgio, Flint, Summers, Yuill, Sutherland ABSENT: U Preti, Shiner The ruling of the Chair was upheld. It was the decision of Council that the recommendations of the Management Ccimmittee be voted on separately. A recorded vote on the adoption of Recommendation a) in the subject Clause that all downloading costs should be shared Province-wide, was as follows: FOR: Mammoliti, Severino, Rizzo, Feldman, Lastman, Filion, Minnan-Wong, Shiner, Sutherland AGAINST: Oi Giorgio, Flint, Summers, Yuill ABSENT: U Preti, Berger Carried A recorded vote on the adoption of Recommendation b) in the subject Clause that the Province be strongly encouraged not to download social housing and highways but that ff it does, all necessary repairs be carried out and a capital reserve fund provided to the municipalities, was as follows: FOR: Mammoliti, Severino, Oi Giorgio, Rizzo, Feldman, Lastman, Flint, Summers, Yuill, Filion, Minnan-Wong, Shiner, Sutherland AGAINST: NIL ABSENT: U Preti, Berger Carried I I . . . - 2 - , A recorded vote on the adoption of Recommendation c) in the subject Clause that \lttlecause the Province promised no new net costs to municipalities, only a downloading plan that is a "wash" (revenue neutral) be accepted, was as follows: FOR: Mammol~i, Severino, Oi Giorgio, Rizzo, Feidman, Lastman, Flint, Summers, Yuill, Filion, Minnan-Wong, Shiner, Sutherland AGAINST: NIL ABSENT: U Preti, Berger Carried I . . . . . I , I II r, I II I , II I 1,'. I , II I A recorded vote on the adoption of Recommendation d) in the subject Clause that the Clause be circulated to all municipalities in Ontario, was as follows: FOR: Mammoliti, Severino, Rizzo, Feldman, Lastman, Filion, Shiner AGAINST: Oi Giorgio, Flint, Summers, Yuill, Minnan.Wong, Sutherland ABSENT: U Preti, Berger The Clause carried. Carried (See Resolution No. 97-OS) I I I I I I I I I I I I I I I I I I I COMMUNICATIONS FOR INFORMATION D ;;z -:; 0, _ 2 1 NOTICE OF PROPOSED DECISION WITH RESPECT TO'\\DDITIONAL PARTS OF THE'OFFlCIAIi PLAN OF THE MUNICIPALITY OF CLARINGTON HnR ~ 3 17 FH t~ Subsection 17(22) of the Planning Act The Council of the Regional Municipality of Durham, as the approval authority, approved the majority of the Official Plan of the Municipality of Clarington with the exception of specific deferrals. The approval came into effect on October 31,1996. On February 26, 1997 Regional Council made a proposed decision, to modify and approve additional parts of the Official Plan of the Municipality of Clarington, which had been deferred in the original approval. PURPOSE AND EFFECT: The proposed Official Plan of the Municipality of Clarington, consisting of text and maps, provides a structural framework for development in the Municipality of Clarington to the year 2016. The parts of the Official Plan subject to this approval are: criteria for farm related industrial uses in the General Agricultural Area and Green Space designations (Deferrals 3,5,6 and 15); permission for a place of worship, within the General Agricultural Area designation, at the northeast comer of Hancock Road and Bloor Street (Deferral 4); Light Industrial Area and General Industrial Area designations along Type A and Type B arterials and freeways (Deferral 20); criteria for the location of water and sanitary services through parks and valley lands (Deferral 28); an Urban Residential Area designation, (including High and Medium density symbols), and Community Park designation south of Bloor Street and east of Prestonvale Road. The corresponding population targets associated with this area (Deferral 31); a Future Urban Residential Area designation north of Bloor Street and east of Prestonvale Road (Deferral 34); and Special Policy Area H and the corresponding land use designations in north Newcastle Village (Deferral 37). WHEN AND HOW TO SUBMIT A REQUEST FOR REFERRAL: The Planning Act provides that Regional Council's decision can be referred to the Ontario Municipal Board. Anv reauest for referral to the Ontario Municipal Board of all or part of the proposed decision must be received by the Regional Clerk no later than 4:30 om. on Aorll7. 1997. The request should be addressed to the Regional Clerk, Regional Municipality of Durham, at the address shown below and must; 1. set out the specific part or parts of the proposed decision to which the request applies; 2. set out the reasons for the request for the r~ferral; and 3. be accompanied by a cheque, payable to the Minister of Finance, for $125.00. WHO CAN REQUEST A REFERRAL: Only individuals, corporations or public bodies defined in the Planning Act may request that the Regional Municipality of Durham, as approval authority, refer all or part of this proposed decision to the Ontario Municipal Board. A request for a referral may not be made by an unincorporated association or group. However, a request for referral may be made in the name of an individual who is a member of the association or the group. WHEN PROPOSED DECISION IS FINAL: If the Regional Municipality of Durham does not receive any requests for referral in respect of all or part of the proposed decision before the deadline noted above, the proposed decision, or the part of it that is not the subject of a request for referral, will be final. information about the proposed decision is available for public inspection during office hours at the Regional Municipality of Durham Planning Department, 1615 Dundas Street East, 4th Floor, Lang Tower, West Building, Whitby Mall,Whitby, Ontario. Please call Jeff Brooks, Planner, at (905) 728-7731 (Whitby Line}/(905) 686-1651 (Toronto Line), if you have any questions. MAILING ADDRESS FOR REFERRAL REQUEST The Regional Municipality of Durham Regional Headquarters Building 605 Rossland Road East P.O. Box 623 Whitby, Ontario L1N6A3 .~-- :, DIS,T,JlJiUTION J .- CLERK l.'l_L .' ,,_;;!:;~I;,';:L 0 r~~ "t~r"':;'T~ij(~~,'-l i - . --'-- ;- ,u.r . ;", ..___ -I ,c..... i-i ! ' .._o_--+-- 1 !-'"-~_.- . ~".'. ~~._.j---~~.~-__.l f':h___ :; \ i ..,......_,-, " t=:::::...==,-!-- :: t7'.~:ii :_'---~"~""''''-''-~-.s-~..~~;J Attention: Mr. C. W. Lundy Regional Clerk I I I I I I I I I I I I I I I I I I I I I I I Council Number D - 1 D - 2 D - 3 D - 4 D - 5 D - 6 D - 7 Communications for Direction , March 10, 1997 Suggested Disposition For the direction of Council. For the direction of Council. For the direction of Council. THAT the Application to Manage and Conduct a Nevada Lottery at House of Coffee and Threads, 133 Church Street, Bowmanville, submitted by the Bowmanville Badgers Ladies Fastball Association, be received; THAT the request of the Bowmanville Badgers Ladies fastball Association be approved subject to the applicant complying with the terms and conditions imposed by the Municipality and the Province; and THAT Charles and Patricia Rout be advised of Council's decision. THAT the correspondence dated February 19, 1997 from David Tesluk regarding Planning File DEV 96-067, be received; THAT the correspondence be referred to the Director of Planning and Development for consideration in conjunction with the subject file; and THAT David Tesluk be advised of Council's decision. THAT the correspondence dated February 26, 1997 from Dennis Wright and Frances Walmsley, Presidents of the Durham Region/Scarborough M.E. Association regarding M.E. Awareness Day, be received; THAT May 12, 1997 be proclaimed "M.E. Awareness Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Dennis Wright and Frances Walmsley be advised of Council's decision. For the direction of Council. D - 8 D - 9 D - 10 D - 11 D - 12 D - 13 D - 14 - 2 - I I I I I I I I I I I I I I I I I I I THAT the correspondence dated February 16, 1997 from Steve Stewart, President, Canadian Red Cross regarding Red Cross Month, be received; THAT the month of March be proclaimed "Red Cross Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Steve Stewart be advised of Council's decision. For the direction of Council. For the direction of Council. THAT the correspondence dated February 19, 1997 from John O'Toole, MPP, Durham East requesting a meeting with the Council, be received; and THAT the correspondence be referred to the Executive Assistant to the Mayor for follow-up. For the direction of Council. THAT the correspondence dated March 3, 1997 from Dr. Kathlynn Hock regarding fluoridation of the municipality's water, be received; THAT the correspondence be referred to staff to be considered in conjunction with this matter; and THAT Dr. Kathlynn Hock be advised of Council's decision. THAT the correspondence dated March 3, 1997 from Doug Hately regarding fluoridation of the municipality's water, be received; THAT the correspondence be referred to staff to be considered in conjunction with this matter; and THAT Doug Hately be advised of Council's decision. I I I I I I I D - 15 - 3 - THAT the correspondence dated February 24, 1997 from Joe Fried, Meyer, Wassenaar & Banach regarding a confidential property matter, be received; THAT the correspondence be referred to the Treasurer for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Joe Fried, Meyer, Wassenaar & Banach be advised of Council's decision. I 1 I 1 1 1 1 I 1 I I I I I' -:!-: I, I r -~ ~ 1::- ..Ii'"- 1-::" I. Toronto~Environmental Alliance 122 St Patrick St, #209 Toronto, ON MST 2X8 (Tel.) 416-59mO \I 21 AM '97 'February 17,1997 COUNCIL DIRECTION D - I. Municipalitv of Claririlrton '" '..... Dear Mayor and Members of Council, The Toronto Environmental Alliance (TEA) has iaunched a province-wide effort to bring back a workable deposit/return system for soft-drink containers, and we need your~Council's help. ~ . . - .- Since 1991, tEA has been. a leader among citizen groups f~stering support for the environmentally superior reusable beverage container, over its recyclable counterpart. A number of muniCipalitieS have responded'v/ith support for refills. Together we are bringing Ontario closer to securing a cOmeback for~a deposit/return system for soft drink containers,' ~ and just in time. With less than 1% of OUr pop sold in refillable bottles covered by deposit retllm, Ontario has the wprst beverage container recovery program in Canada.' ,~ Municipalities are paying too much to recycle pop bottles , ' In August, articles appeared in both the Toronto Star and The Globe and Mail assessing the financial viability of individual. materials cOllected through Metro Toronto's Blue Box program. The costs, compiled by Metro's Works Department. clearly expose thll financialburden that ~ pop containersimposeontaxpayers. Theteportreveltled~t Metro will pay $1.7 inilliOnto ~ collect. and recycle nearly 60 inillion2litielllastic bottles this year;Tbisis a cost ofilbIiost 3 cents a bottle. TEA's newly published, RefU/?1 to Reuse: Saving the Environment and Tax Dollars Through a ~ ' Refil/ables System for Soft Drinks, demonstrates just how expensive it is to recycle low density , bottles and cans, filled mainly with air,whlle higher density fibre materilils are more efficient ~ and net substantial revenues. If softdrink.containers 'were collected outside the ".Blue Box ~ ' program through a deposit return system, IDunicipalitie$ coUld shift theirrecyclingprograms to accommodate more of the profitable .fibrematerials without adding additional cOsts and" ' ' potentially increasing revenueS. ' ' ~ ~ ~ , ~ < We would also protect the environment and divert more waste. Recycling programs are currently ooly recovering less than 50% of soft drink containers. Refillable bottlescollectea through a deposit retumsystem can recover almost 100% of containers. ' ....,- . .._..-~~..- -,-- '.- - ~ This riew,evid!lD-ce, ,coupled with:theoPPortuniiy providedby' the provincial govemment's . consideration of scrapping the 30"10 retill regulations 340 and 357 under the ED.vir()rmieJital.. , Protection.Act, repreSentsatimely oppo~ty forrerieWed discussion andai:iionon the issue. Recently, the province's Red Tape Review Coinnliuee report recoIIiIDended scrapping theSe .~: regulations. ' ' ~ .- - ~ The soft drink industry is busy promising municipalities money to collect and recycle expensive PET bottles, But, they have yet to state the amount of money this will be or how they will pay, Their short three year commitment to continue using the aluminum can also does little to ease, the risk of rising Blue Box costs in the future. The City of Toronto is currently suing the . . OntaJ,io Multi-Material Recycling Incorp. (OMMRI) for breach of Contract and negligent' misrepresentation in not meeting its commitment to pay one-third recycling costs. Toronto is also suing Corporations in Support of Recycling (CSR) for not fulling its commitment to pay. Metropolitan Toronto IS asking the province to support refillables for beverage Containers in the municipality's response to Ontario's regulatory refonn document. The Ontario Association of Municipalities (AMO) supports a deposit-return system for beverage containers. To secure a comeback for,refills TEA asks that your Council support the fOllowing: I. Request a financial report On the cost recovery of each material collected tbfough 10C!l1 Blu(l Box programs and calculate a scen'arioifpop containers were no longer collected. through the. program. TEA's Return To Reuse details the calCulations for hoW this was achieved thrOiJgh' for the City of Toronto: . " . " ~. , , " , 2. Write a letter to Norman Sterlmg, Minister of tile. EnvirOnment and Energy, and, toloqal , MPPs recommending the province enhct'adeposiiretumsystem for soft drink andcithet " " , " ',' '~", " . " beverage containers that promotes refiIlables or is 100% refillable. . . 3. Endorse an amendment to toughen the Association of municipalities of Ontario poSition on refills, to say no to all beverage containers collect~ and processed through the Blue Box program, , , , While TEA fuIIy supports .the'continuea operati6~ of Ontario's widely successful and valuable. Blue Box progi-am, we believe that ~ materials ~'hould be assessed individually to deteriniiie the best method of recovery of our resouICeS. Reuse is enviroiunentally superior to recycling, which results in higher rates of capture and minimizing the destruction of non-renewable resources.. For soft drink containers the arguments favour a refillable deposit~return system. We urge you to join our campaigJi SUCC(:ssfuldepoSitreturn systems exist throughout Canada and Ontario communities are giving the green IiglJiforhighwaste diversion programs,Please feel free -to calI meat (416) 596-o~60 i!)oiJ hav<t./inyquestions. Our staff people will contact you shortly to solicit yoursu.Pport. . 'I'" , " . .... g.'..}..r"-.'---'-', . ',,"_"','"-.:,. lD's'~T'ON ~C::ERK ;L--~_~____ 1 AC~. BY, I j0'UGINAl ('(if'iES T: Sincecely, , ~~.' GrJdJ;. Lois Corbett Executive Director !"." :11;.;;' : ~:!:~:;~: ~"'" ,'f"-',>, ., .,,' . t.1~'.{: _.c.,. -". .: -.-.,. '. --- Encl.' Return To Reuse Report h'''''.:' :,,~ ,:.'<;!'i~~.'. '!.':' ':r~ .' 'Il,:' . ...,....._-] . ,. -', ---"'--- ! . , I ' f--.-'---'''r~r ~-_..__..,._.- "'1__~ I 'j ! :-:G;-' - -c='- -n--.z::::-, -,.. I J.. - &- -f 'IT..,-,.,... I I I I I I I I I I I I ',' . "_-'~_:;//';"'-' ~~ , .~~ ' ~'-I ::.~",.:~~,->'::- :t;:" .~/:~ .','- '. r' .... '-.' i ~ ~ ~ I. I ~\'I OF PiC "-,0_ ~ Lii:15 I~ IThe Corporation of the Town of Pickering IcounCiliOr'S Office Pickering Civic complex lOne the Esplanade PkXering, Ontario Canada LtV6K7 I'recr eL (90S) 420-4605 Fax (90S) 42D-6064 lOwn el (905)420-2222 (905)683-2760 " (905)420-0515 I I I I I I I I I I I COUNCIL DIRECTION D - 2 fEs 25 12 32 PH '97 February 24, 1997 Municipality of Clarington 40 Temperance St. Bowmanville, Ontario LIC 3A6 Please be advised that the Council of the Town of Pickering passed the following resoiution at its regular meeting of February 17th, 1997: WHEREAS the Province of Ontario proposes to off-load to municipalities 50% of the cost of welfare, 50"/0 of the cost oflong term care for the elderly and 100% of the cost of social housirig; and WHEREAS these costs of these soft services are subject to the vagaries of the global economy and would create an untenable burden on the property tax system particularly during times of an economic downturn; and WHEREAS the downloading of these costs would have an especially large impact on large urban centres such as Metropolitan Toronto because the' concentration of poor and elderly persons tends to be higher in cities; and WHEREAS in the case of Metropolitan Toronto, if the Province of Ontario intends to lessen the impact of downloading the cost of soft services onto Metropolitan Toronto by requiring all municipalities in the Greater Toronto Area (GT A) to pool funding for these social services; and WHEREAS on February 12, 1997 the President and Vice-President of The . Association of Municipalities of Ontario met with the Ron. Ernie Eves, Minister of Finance, the Ron. Janet Ecker, Minister of Community and Social Services; and WHEREAS the outcome of the meeting was that the Ministers affirmed the Government's position that the basic tenets of the reform package are not negotiable. Education will be removed from residential property taxes and municipalities will be required to assume responsibility of.~ range 'pC Ilew'/. services; . , .' . , '.' . " -2- I I I I I I I I I I I I I I I I I I I i NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby informs the Government of Ontario that it strongly objects to pooling of any portion of the property taxes in order to alleviate the burden of funding of soft services by Metropolitan Toronto; THAT a copy of this resolution be forwarded to all municipalities within the 905 GTA, the GTA Mayors and Regional Chairs and the Association of Municipalities of Ontario seeking endorsation and support and urging them to send a similar message to the Government of Ontario; and THAT copies of the resolution be also forwarded to the Right Honourable Michael Harris, Premier of Ontario, the Honourable AI Leach, Minister of Municipal Affairs, the Honourable Janet Ecker, Minister of Community and Social Services and the Leaders of the Opposition Parties. If you have any questions with respect to this matter, please do not hesitate to contact the Clerks epartment at 4 11. ruce Taylor, AMCT, CMM Town Clerk Idle OR!G~NA!. r' ---- COf.'IfS 10- ~'~__ t_ --- -- 'r;. ~~- L!..!t~_~lo.: fJ..L2 .. ~_h'___~_ I I I 1 I 1 1 1 1 1 I I I I 1 1 I 1 'I COUNCIL DIRECTION D - 3 . Office of The City Clerk City of Peterborough February 19, 1997 The Honourable AI Leach, Minister of Municipal Affairs 777 Bay Street, 17th Floor, Toronto, ON MSG2E5 Dear Mr. Leach: Re: "Mega Week" Changes hi Fuiiding Services Council of the City ofPeterborough, at its meeting on February 10, 1997, discussed the impact on the City of Peterborough of the "Mega Week" announcements. 'It is estimated the increased tax burden to the City ofPeterborough will be in the order ofS13 million. The Council is not only concerned about the financial impact on the City, but it also has serious concerns regarding the initiative which places health-care funding in two different ministries which will be detrimental to the restructuring initiatives currently under way. The principle of social services being funded from Provincial revenues derived from income taxes in order to spread the burden equitably across society is strorigly supported by Council. Council is specifically requestmg that you refocus the downloading on a different subset of services which would be more in keeping with sound taxation principles. A copy of Council's resolution is enclosed for your infonnation. Your consideration of Council's request would be appreciated. r r.~~;~ION I ACK. BY ~ ORIGiNAl I COPiES t I~' I , I y~ fir sleven F. Brickell, AM.C.T., C.M.C. City aerk. Ikf ~ i c.c. Mr. Gary Stewart, M.P.P. ..-1 1 - ".i l c._Oj P~!l,=r::;:-~U2.;..1JQ " . City Hall- 500 George Street North - Peterborough - Ontario - CANADA+ K9H 3R9 +(705) 748.8815 _ FAX (705) 743-7825 Office of The City Clerk City of Peterborough February 19, 1997 ALL MUNlClPAUTIES WITH A POPULA nON OF OVER 50,000 Re: MEGA WEEK 1 wish to inform you that City Council at its ~g held February 10, 1997, adopted the following recommendation of the Planning Committee and directed that you be advised of this decision: . "WHEREAS the estimated increased tax burden to the City of Peter borough for "Mega Week" changes in funding services are in the order of $J 3 million; and WHEREAS there appears to be no practical offset to the increase to maintain taxes at current levels; and WHEREAS any remedies, in terms of contingericy funds suggested by the Provincial government, are short term in nature; and . WHEREAS the initiative which places health care funding in two different ministries will be detrimental to the restructuring initiatives currently under way; and ~" WHEREAS every major study and commission, including the Crombie Commission, have recommended that social services continue to be solely funded from Provincial revenues de,rived from income taxes in order to maintain the principle of spreading the burden equitably across society; and . WHEREAS prominent organizations, such as the Board of Trade and The Canadian Federation of Independent Businesses, also deplore the move as being inequitable and not in the best interest of the Municipalities or the Province; NOW THEREFORE, it is moved by Aldennan Wasson that the Qty send a letter to the Minister of Municipal Affairs, the Honourable AI Leach, requesting that the down loading be refocused on a different subset of services which would be more in keeping with sound taxation principles, . and that copies of this letter and the resolution be sent to Mr. Gary Stewart, M.P.P.. Peterborough; and further, that copies of the resolution, as well as the letter, be sent to the Association of Municipalities of Ontario, and to all municipalities with a population of 50,000 or more for endorsation." Yours sincerely, ~"~ . - / /....- r. -StevenF. Brickell, A.M.C.T., C.M.C., City Cledc. M City Hall. SOO George Street North. Peterborough . Ontario + CANADA+ K9H 3R9 + (705) 748-8815+ FAX (705) 743-7825 I I I I I I I I I I I I I I I I I I I I C0UNCLL DIRECTION ~e,; /'../Jd~~;j Appllcallon to Manage and Conduct D _ a Break Open Tlckellollery Demande de permls pour admlnlstrer el COndulre une loterle de,blllels il leMlres (Form NTL-A) (Formule NTl-A) I ~~i ~ ~,.,.. Gaming Control Commission 2nd Froor 1099 Bay Sl Talonlo ON MsS 283 Commission des jeux 2. elage 1099 rue Bay Toronlo ON MSS 283 I I -A-J We, lhe undersigned. as two princiP"lI officers 01 record or (name 01 Ofganitalion) ~ les soussjgn~s qui sont deux prineipaux dtigeanlS de (nom c:Ie I'organisms) &/O/11/4"]I//L /J:: 1?/411""F"",e~ ///N55 /A~T8J921, /A'<:<<'/A7/MtJ 1 ,4."<,,, '"'" 0~5 .:f '7~~ /a3 "'~nrAf 9""'''''''7" (.i,;;-#~ '" ;. .;Pea. p &'"l7mnIJllkJ ON -I./e- /. T~ I and srlvaled in the municipality of et silues dans Ia municipalil~ d (';",-,~"-mAi I "a licence is granled, alllickels applied lor will be sold only at (specily exact Iocalion wilhin the above premises). Si un permis esl cMlivre, IoU5 Ies bfJIelS demandes ne seront venetus qu'i (specifier I'emplacement exact dans I.s locaux menlionnes ci-deuuS) F7e()Nl (4"Y~-A.)77CA. I ~1. The SpecifIC Charitable of Religious Obiects Of Purposes 10 which Proceeds are to be donated Ire described as les ob,ieclils spKiliques yj~s par les organisme, de blenlaissanee OU religieux el aux quels sonl destines les recelle, ........,.,..dOcribcommeOlan, r;; /1>'>"''/'"'''''' '"1/'$",:,,">>.1, ///J'i:J"A1~d,nfl,.,< ""h~all'~<:i<: .;;;"" "'AI' AJ.h/,',<: //1. /J/H" dC!....""'uA , , I 1 I 2. Type olS,eak Open TlCkels 10 be sold (check O/'Ie) Genr. cr. billers I. lentues qui seront vendus (coeher une case) Regular Nevada Super Nevada r.7f Nevada normal 0 Super Nevada l!J 3. Oescriplil')fl ot Scheme DeScription du jeu (al Number of Tickels per boX/unit Hombre de biUels par beile/unite (b) Price per lickel Prixdubillet (e) Gross Revunue per unit Recenes brules par unite (d) Tola! Prizes per unil Montenl total des prix par unite ee) Number of Mining lickels per unit Nombre de biIIels gaQf\aRts par unll6 JlJfliorNevada Nevada Junior 0 I I .c. The tickets referred to in this app&cation lorm are rnanufaclUred by (Name of Company) les bilets donl.ll esl question dans Celie demands Satont lmprm~s par (nom de Ja compagnie) /3',., :JcAAR .1/ tf{/. v...L? .:{';J.20 $ 0. SU $ /;l6/J.00 $ ~OO.(}O ~5;J. I I (Name and Adct-ess of DislribulOr) A. c:;r;: (nom8Iadressedudislribul1lur) ~/1'Y~LLl..A tc.Ae:.LT" and will be purc:hasedfrom et seronl achalK chez I tI", ,- r ~ G-e IMS,sy /)/11 , /::J. n,~~ l.~rL SY. , L31"-f 31<3 5. Price per unil Prix par unile $ 54'&7 ['-::,Ct'T"',c,e~) I 6. Ticket sales will commence on (dale) la YenI& des billets commeneera Je (date) (da'R-. -l~'~(9?- (dale) . &,6 ~..;)9.h7 and leoninate on 81 se terminer. r. I 1 Ye4r. (maximum ~period). (period& de six mois au maximum). I 7. The lolal number of unils to be sold during the period for wh/c:" the application i, made shat not exceed le nombre Iolal dUnlres A ven<ke pendant la periods couverte par Ia demande n'exc~dera pas r:; (<?/;". ) UnilslUnil~$ ,",."<,., .o:.lV.".l,-!.c'(I.'<' I Certificate Allestatlon We (name) Nous soussignes (nom) 01 (organizalion) delorganisme) ~<.ES J!?<<.r B",., T:nU'~"I, '//.0 K/H7f?Z'-./2 ~ and (name) et(nom) Ln-nlfw,f,.~:r/J~"'- Asst7c ~~,;.~ I 01 (municipalily) de (municipalile) aPH?/,.~rnN I 01 the Coonty 01 ducomled /:A-iIZJ.f1'1-r-( ~/n'-AtJ joindy and severally, hereby certify that; atleslons collecli~'e~nl et individuellement que: I (1) We have knowledge olthe mailer herein set oUl, Nous avons pris connaissance des points sp6ciMs dans les prllsenles, I (2) We have read over this applicalion, Nous avons lu la presenla demande, (3) All tacts stated andlnlormalion lurnished herein are true and correct, Tous les laits inc:li~s elles renseignemenls lournis dans les prlbenles sonl veridiques el exacts, I (4)We are the holders 01 the offices with descriptive tiUe as sel out and appearing under our respective signatures below Nows assumons les Ionctions correspondsnl aUl( litres s.pllcilies sou$ nos signatures re.speClives ci-dessous. I (5) We understand thai il a licenoe is granted. Break Open TlCkels may nol be sold outside 01 the premises entered on the appic:ation and specified in the licence. Nous camprenons que si un permis esl accordG,les billets illenetres ne pourronl eke vendus que dansles Iocaux inscrils sur Ia demande el specifies sur Ie perm!s. I (5) We have read. and have in our possession, and agree to comply wilt!, a stalemenl ollhe Terms and Concfllions under which Ihe Break Open Ticl<ellicence is issued. Nous avons lu l'exposll des conditions de de~vrance do parmis de Iolerie de billets illenAtres, nous Ie gardons en notre possession et nout. observerons Iesdilfl'S conditions. (7) We understand lhat lhis licence shall be valid during its elleetive period only so long as the terms and conditions to which t.uch licence is subjecl have been complied with and that a breach 01 a term or condition may cause Ihe ticence to become nun and void. Nous compren()t'ls bien que Ie permis ne sera valida pendanlla pariode qu'l couvrira QUe dans la mesure aU sas conditions seront respectees et que IOule violation de SE'S conditions l'annulera. I I )C ~ Signature Sigryature I Principal 0I5cer Pri n\ ~ Name in lull/Nom au comptet I Titlerritre 1 AddressJAdresse 7.Jh'O~/"'''-'.lJ,e. ,#~A-AJVIU,.c .01 OatelOate I Bus. Phone/nt all. .5: I J Witness (sign) Signature du temain I I I I I I I I I I I I I I I I I I I II I II I, I I COUNCIL DIRECTION D - 5 DAVID TESLUK 20 Landerville Lane Bowmanville, Ontario Canada LlC 4W8 rEB Z5 Home: (905) 623-1414 Work: (905) 434-8766 February i9, 1997 InLBCCIBIIWIR1J) AGENDA To: fEB 2 1 1997 Clarington Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Ll C 3A6 UUMlCIPAlITY OF CLAR1NGTON MAYOR'S OFFICE Dear Ladies and Gentlemen: Re: Plannine: File DEV 96-067 (X-REF: lST,.8S046). Clerk's File Dl4.DEV.96-067 I enclose a copy of the notice I have recently received. I am a resident of the area immediately to the South of the subject site. I am also a member of the executive committee of Aspen Springs Community Association, which is a local ratepayers group for the residents of this area. It is my understanding that the subject site is owned by the same persons who have been developing the lands immediately to the South of the subject site. There are some concerns which I, and, I beiieve other residents, have with respect to these matters and I am therefore making these written submissions. I request that the entire council/planning department be given a copy of them. The concerns are as follows: I) Park Area(s) The Landerville Parkette, which was meant to service most of the Aspen Springs Community, is inadequate for this purpose. The additional strain on these facilities should be considered when deciding whether to approve the zoning by-law amendment with respect to the subject site. One solution is to ensure that park area(s) larger than the norm be implemented within subject site. This solution allows Council a rare opportunity - an opportunity to rectifY a problem of inadequate park area(s) in an already developed area. Once the subject site is fully developed, it will be very difficult to allocate additional park area(s). Please do not allow any amendments that put greater strain on existing park facilities (such as reduced front and side yard setbacks). 3) I I I I . . . I . . I I . ,. ~v . I. --i -----, Clarington Council February 19, J 997 15 - 2- 2) Railway Underpass A pedestrian underpass is needed immediately to provide safe access for adults and children from Aspen Springs 10 the Canadian Tire/Burger King/Clarington Place Cinemas shopping area. Without a pedestrian underpass being provided now. the potentially dangerous situation of pedestrians crossing oyer the railway tracks will continue. There are two existing unimproved underpasses in this area, both of which cannot be used safely by pedestrians. One solution is to specify that a pedestrian underpass be provided now (perhaps by making improvements to the small existing underpass to the East of Green Road and within the subject site, I believe). A vehicular underpass could be provided in the future at Green Road (by replacing the large existing underpass at Green Road), when it is needed. General Concern The third matter is of a general nature and you are probably in better positio!l than I to determine whether indeed it is even a matter for concern. It is my understanding that the developer/owner of the subject site was permitted to allocate funds to develop a senior's facility in lieu of providing a railway underpass in the past If this is true, the result is that our area of the municipality suffers without an improved underpass and I'm not aware that the senior's facility has even come to fruition. Please do not allow any amendments that put greater strain on existing park facilities (such as reduced front and side yard setbacks) in exchange for a promise to provide improvements elsewhere in the municipality. It would not be fair. I wish to be notified of your decision with respect to this proposed zoning by-law amendment Yours truly. ~(~ DAVID TESLUK r DlS~1 UTION ""1 C-,-, f ! ld....h.K-..ou.. __._--: ~ AC:-\. RY..____ . . I !-~ i:":iL~ ill.~~.v.;.j.t-l!_~ 71 Odl ..:':_i I I " I I I I I I ! I , I I I " I I I I ! I I: I I I I I I I I ji i ! I I 1 1 I li I , I I j , I I ~ , ~ , I i CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBUC MEETING TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a zoning by-law amendment under Section 34 of the Planning Act. The proposed zoning by-law amendment would change the zone category of 3 high density blocks in Draft Approved Plan of Subdivision 18T-88046. The blocks total 2.53 ha and are located in Part Lot 16, Concession 1, former Township of Darllngton (as shown on the reverse). The proposed zoning change is from 'Holding Urban Residential Type Four ((H)R4)' to an appropriate zone which permits reduced front yard setback to 2 metres, and the side yard and rear yard setbacks to 3 metres to allow flexibillty in Mure development of the blocks. ANY PERSON may attend the public meeting and/or make written" or verbal representation either In support of or.!n opposition to the propO$al. Please note that the time listed below reflects the time at which the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. DATE: MONDAY. MARCH 3. 1997 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal AdminIstrative Centre, 40 Temperance St., Bowmanville, Ontario IF A PERSON OR PUBUC BODY that files an appeal of a decision of Clarington Council in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposal is available for Inspection between 8:30 am. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street. Bowmanville, Ontario or by calling Carlo Pellarin at 623- 3379. DATED AT THE MUNICIPAUTY OF CLARl GTON 1997 Municipality of Clarington 40 Temperance Street BOWMANVlLLE, Ontario L1 C 3A6 PlANNING FILE: DEV 96-067 (X-REF: 18T -88046) CLERK'S FILE: D14.DEV.96-067 ,. SUBJECT SITE LOT 16 LOT 15 LOT 14 -1 HIG WAY KING T- I!IJ 3: ~~ DEV. 96-067 ,', 01 I I I I I I I I I I I I I I I I I I I I I I I I I I II II ;1 11 I jl II COUNCIL DIRECTION D - 6 ffl~P\\W .., ltf''f DurhamlScarboroutlh lItt-~ Durham Region/Scarborough MYalgic Encephalomyelitis Associauln 61 Medway Cres. &tJr~oro"gh. o.n M1P 3T1 (416) 755-9436 ehu Reg. 0948208-11 February 26, 1997 Patti Barrie Clerk Municipality ofClarington 40 Temperence St. Bowmanville Ontario LlC 3A6 Dear Patti Barrie, We are writing on behalf of the Durham Region/Scarborough M.E. Association to respectfully request again a proclamation declaring May 12th as M.E. Awareness Day. Myalgic Encephalomyelitis (M.E.), more commonly known as Chronic Fatigue Syndrome (CFS), is a multi-system disorder resulting in a vast array of debilitating symptoms including, but not limited to, profound weakness, sleep disturbances, memory and concentration difficulties, recurrent flu-like symptoms, "pressure-like" headaches, chronic pain (Fibromyalgia), numbness and tingling, disorientation, vision problems, dizziness and seizures. Many people, including children, with M.E. remain chronically ill for years, and are either completely bedridden or are so severely affiicted that they cannot attend schooL maintain employment or care for their families. One of the most fiightening aspects of this disease is the fact that those individuals who contract it had previously been active, productive, and vibrant members of society. In 1993, May 12th took on a great significance to these people whose lives have been devastated by this illness when International M.E. Day was observed for the first time. International M.E. Awareness Day is the one day each year that people concerned about M.E. can act in unison to alert the government, media and general public about the devastation that this illness causes. The May 12th date was chosen by Awareness Day organizer Tom Hennessey to commemorate the birthdate of Florence Nightingale, the English anny nurse who inspired the fuunding of the International Red Cross ~ who was bedridden for the last 50 years of her life with a disease that modem doctors believe was M.E. r C~~~~ION 1 : ACK. BY ___ j eR;G1NAL ; :-:-'!':S TO, i.__.___ I i - , I C' I ,-.---- ~-- r---- 1m ___ o~~_ Again this year, support groups from around the world are making plans to ensure that 1997's M.E. Awareness Day is an even greater event. Our focus is still on raising awareness of the fact that large numbers of children are affected by this disease. A child with this illness can only look forward to a very gloomy future. Something must be done to insure a proper understanding of this illness by teachers, parents, doctors and society. This year as a step in achieving our goals we will be involved Nationally, Provincially and Municipality. In Canada we are actively working towards having parliament set up a health committee to study and hear witness on MEIFM. To do this we are asking our medical professionals to assist us by signing a letter approving and agreeing with us that it is time we have a standard set of rules for clinically diagnosing MEJFM. In Ontario we will be assisting with the distribution of a new broclrure, "Youth Living with Chronic illness". This Brochure was developed by "M.E. Ontario" and outlines valuable information for people that are dealing with a chronic illness. At the Municipal level, we respectfully request that The Municipality of Clarington declare May 12th officially ME. Awareness Day. Many of your constituents, whose lives have been directly or indirectly affected by this disease, are hoping to ten the press that lbe Municipality of Qarington has snpported them by serving such a proclamation. We have enclosed our pamphlet and a copy of "Youth Living with Chronic TIlness" for your information. We would be happy to answer any questions that you might have and look forward to hearing from you. Sincerely, w~~ Dennis Wright Frances Wa1msIey Presidents of the Durham Region/Scarborough M.E. Association I I I I I I I I I I I I I I I I I I I COUNCIL DIRECTION D - 7 M~~3 fm1 II 39 AM '91 February 16, 1997 Ms. Patti Barrie Municipality of Clarington 40 Temperance Street Bowmanville, Ontario l1 C 3A6 Dear Ms. Patti Barrie KX96 the successful Durham Radio station wants to bring their high quality community focused programming to a radio near you! In April of this year the Canadian Radio-television and Telecommunications Commission (CRTC) will hear an application by Durham Radio fnc. to increase it's power to enable it to cover the entire Greater Toronto Area (GTA). KX96 will continue to entertain you with the best of today's New Country music....the power increase will dramatically extend it's coverage area. The people of Durham Region have already made the decision to tune to KX96... the latest numbers indicate 57% of the tuning to Durham Radio stations is to KX96...nowwe would like to serve the whole area known as the GTA The power increase will affirm KX96's commitment to serve all of the Region of Durham and beyond to cover all of the GT A The station will: o offer our current listeners a much improved signal and at the same time extend our coverage to include everyone within the GTA o Durham Radio Inc. is committed to New Country North America's hottest music. o keep the residf:1ntsof the "90S" calling area up to date with local news and information . o offer advertisers within the "905" calling area an advertising vehicle that is focused on their needs. o offer current listeners the ability to take KX96 with them wherever they go within the GTA - from Clarington to Burlington to Barrie. o offer the residents of the "90S" calling area a choice in New Country music which currently does not exist o give New Country music the exposure it deserves within the "90S" calling area. o the "90S" calling area is in sync with New Country music listeners across North America. o it is school closing, local weather reports, traffic etc... all the information that people rely on from radio... KX96 will be there o the "90S" area deserves a radio station that does not have a fixation with what goes on at "Queen and Yonge". I I I I I I I I I I I I I KX96 wants to take listeners within the "90S" calling area into a whole new world of local news, information and music. We believe in the communities that make up the GTA, a community of neighbourhoods and small communities that make the GTA the community it is. Your active support is essential if we are going to be successful in making this new radio station a reality in areas beyond the Region of Durham. You ask, "how can I help"? It's easy! Write to the Secretary General of the CRTC by March 20,1997. Tell him that you would like to be able to listen to a station like KX96, a station that plays your kind of music and at the same time offers local news, sports, information and advertising messages. Tell them that it is important to have a station in your area that serves your need~_~_n_'!. the.____ needs of your neighbours. I C~;i~T~T~.O~- Please call if you have any questions about our plans. ! '''' _, : ,;",\. or ....__ I ORIGIN~l Yours truly, i CtY'iES TO:_ r- d i I I E' -,....._-", I --_.._--_.n"f-- LFllf/f!~=--=-- I ICK96"FM Durham.s~Country I ,----.---- Robert J. Marshall I 1+ I I I I I I I 1 I I I I' II !I II COUNCIL DIRECTION D - 8 Canadian Red Cross IBlBCCIBIIWI!)]) Croix-Rouge canadienne MAR 3 1997 / ,- / AGENDA lIIUNJCIPALlTY OF ClARINGTON MAYOR'S OFFICE (February I Y' Mayor Diane Hamre Municipality of Clarington 40 Temperance St. Bowmanville, ON Llc 3A6 Dear Madam: Traditionally, March is Red Cross Month. We would regarding people of like to take this opportunity the various Red Cross services this community. of bringing information to the attention of the We would ask that you officially proclaim March as Red Cross Month in the Municipality of Clarington, and that you allow us to fly our Red Cross flag at City Hall during the month. Your consideration of the Region of Durham Society. this request will be greatly appreciated by Branch Council of The Canadian Red Cross Yours very truly, r'-r>!ST~TION l Cl.ERK L'J!::-l___ I "c ~y . i ;'&,I,,!,,1".1 .. , t mHGiNAL '-....---. ~ COPifS TO: i._~_ i---- L. t-------- \==:=-- ~._---~ ....~'-_.--_.-.- t d~~ffr-- Steve Stewart, President. -,.- I , ~ ---1 ( , I -- 1 ...J .-- -f I -~1 , -I , I I I Region 01 Durham Branch. Office Galleria-Suite 115. 419 King SlreetWes! Oshawa Ontario. Canada 11 J 2K5 Telephooe:(905) 723-2933/ Voice Mail:(905) 723-7251/ Fax;(905) 723-9023 Ajax.Pic::kering Community Office Telephooe:(905) 420-3383/ Fax:(905) 420-5557 (0 II I II I 11 I: COUNCIL DIRECTION D - 9 1ft Head Injury Association of Durham Region HEAD INJURY ASSOCIATION OF DURHAM REGION 459 80nd Street East, Oshawa. Ontario L1G 189'(905) 723-2732' Fax (905) 723-4936 F ebrul)' 28, 1997 Ms Diane Hamre Mayor of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 AGENDA ]BlICCIBllWIBij) M!\R 3 1997 WNlC/PALITY OF CLl\RINGTDN MAYOR'S OfFICE Dear Ms Hamre, On AprillO, from 3 p.m. to 5 p.m., Mr. Dave Milton and fellow employees of Dominion Colour Corporation will be donning their skates along with a team of hockey players from KX96- FM Radio in a Benefit Hockey Game at the Bowmanville Arena Complex. The net proceeds of the game will go to the Head Injury Association of Durham Region, to assist us in our work supporting people who live with the effects of brain injury. As well as contributing their time and energy to this benefit, Mr. Milton and his fellow co- workers are planning to chip in to pay for the tWo hours of ice time booked at the Bowmanville Arena. I am writing on their behalf, and the Head Injury Association's, to request a possible reduction or waiving of the ice time fee for this game. I am also writing to invite you and fellow Clarington Council members to attend the game and, perhaps, assist in drawing the winning tickets fro the raffle planned for the game. If you have any questions about the Benefit Hockey Game or the Head Injwy Association, please call me at 905-723-2732. Sincerely, , c~~7iYTION_1 J :'C1':. BY_ i ! (:,):,;::r.',','L Y . J_'.~.'~:.:.._ ~~.I.[~ TO: /""-- .. I~"""-- i~'~.-"-- i' ." ...L__ r ------------.., , I r-----------, , 1__.-_- &:L1 , '. F.(L-=__:.. ___J r;-,---kUJ.~( Frank Murphy' a 0- Executive Director Head Injwy Association of Durham Region FM/dls e A United Way Member Agency I 1 I I I I I I I 1 I II I I COUNCIL DIRECTION D - 10 'THE CORPORA'TION OF 'THE 'TOWN. OF WHITBY In the Regional Municipality of Durham Telepbone 905-668-5803 ToroDto 905-686-2621 Fax 905-686-7005 UIllCCI!llW11lm MAR 3 1997 MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Canada LlN 2M8 1.~'JW!C1PALITY Of ClARINGTON MAYOR'S OFFICE February 26, 1997 File: D-3300 Municipality of Clarington 40 Temperance street Bowmanville, Ontario L1C 3A6 AGENDA Attention: Diane Hamre Re: Provincial Hospital Health Care Fundinq At a meeting held on February 24, 1997 the Council of the Corporation of the Town of Whitby passed the following resolution: Whereas, it is the mandate of the Ministry of Health to administer the provincial health care system and provide health care services to the Ontario public; and Whereas, in an attempt to reduce the provincial deficit, the Ministry of Health has significantly curtailed hospital health care funding; and Whereas, the provincial cut-backs have resulted in significant service reductions impa1r1ng the ability of hospitals to provide adequate health care services; ----------------...;rherefore be it resolved, If C,iST~~UTION I ! :: ,.c,: /j1l.____ 1. That the counc~l of the Corporation of ; - Ii the Town of Wh1tby urge the provincial : :-:{ --- 7-.y::"_'" i government to affirm its commitment to I C^;:;'H\l TO: ')J,'--"' improve the provincial health care system ~. by providing proper, adequate and C'J~:,S TO: equitable hospital health care funding as I the withdrawal of funding to area I hospitals already implemented has significantly impaired their ability to I provide adequate health care services to area residents; I I I /1:/) - .,-<-,;, o<9-ev Donald G. Clerk I I I I I I I I I I I I I I I I I I 1 2. That in view of the detrimental effects provincial funding cutbacks have had on the provision of critical hospital health care services, the provincial government be urged not to implement any further reductions in provincial funding to hospitals; and, 3. That Durham Region area M.P.P.s, Durham Region hospitals, the Durham Regional Council, the Durham Health Council, the Ontario Hospital Association and the Association of Municipalities of Ontario be urged to also express their concerns to the Premier and the Minister of Health for the Province of Ontario; and, 4. That a copy of this resolution be forwarded to the Premier of Ontario and the Minister of Health for their consideration. Whitby Council firmly believes cut-backs in hospital health care funding have gone too far. The provincial government should affirm its commitment to improving the heal th care system by providing proper, adequate and equitable hospital health care funding. DGM/sp I I I I I I I I I COUNCIL DIRECTION D - 11 ~ """"=:of=' Ontario LEGISLATIVE ASSEMBLY JOHN R. O'TOOLE, M.P.P. Durham East FEB 2 4 1997 Queen's Park Office: Room 118 N'w. Legislative Building Queen's Park, Toronto Onlario M7A 1A8 Tei. 416) 32S-6745 Fax (4161325-6255 Constituency Office: 7S King 51. E. 8owmanville, Ontario l1C lN4 Tei. 1-800-661-243: (9051697-1501 Fax (905-697-1506 :pr!y('t:n~lr\\Jm1D" , I':'I~~ !Jjl...=:;..l,;l,o_")." '0l.t.U 1 ...' ....". ".) , ~;;,"'" February 19,1997 1!lU~l:ClPALlTY Of lA.ARINGTON MAYOR'S OFFICE Mayor Diane Hamre & Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 AGENDA Dear Mayor Hamre and Council Members: J 1. , 11 II I am writing to you as a follow-up to today's meeting with Mr. Milt Farrow, special advisor to the Minister of Municipal Affairs and Housing. It may of assistance to you if we met for further discussion on the issues we talked about today. I would be available to meet with you as a group or on an individual basis. touch. Please call my office at 697-1501 if you would like to arrange a meeting. Keep in II Yours truly, II O'Toole, MPP East I' DISTm' TION-' II CI <R" -....- ~ '_'-- r. _n ___ 'I' ~C'\. c.( , - . U.--e' ~A J ~.... ........: -:-", U/'--" ! ORl;,~,:~;:_.~}-=.:;.: . COPIE3 TO. ___ ~ 1---; : I I I 'I I &L\ i 'Ii( 0 Qd.:--.:-.~. -- --~ * COUNCIL DIRECTION D - 12 REFOR~'" PARTY OF CANADA...... TJ)mA1'nf11Wnr~ 1ill!J~mu '.) J..~1.ID February 12, 1997 "., <, ;,,:'~ .n ~,.Gitk1Uh FEB 2 8 1997 Ms. Diane Hamre Municipality of Clarington Bowmanville, ON, LlC 3A6 fAUiUICiPAUTY Of Cl.AR!tJ&iOll lliA'iM'S OOlCt Dear Ms. Hamre: Last June it was my privilege to address the Annual Convention of the Federation of Canadian Municipalities in Calgary. (A copy is enclosed.) In particular, I advocated the idea of endeavouring to get all candidates in the next federal election, regardless of party, to publicly pledge themselves to three things: 1. To work for federal recognition oflocal government as the first level of government closest to the people. 2. To support representation oflocal government at major federaVprovincial conferences affecting services and finances. 3. To support the principle of federal-provincial-municipal revenue sharing to ensure that local government has the finances to deliver the services it is called upon to provide. This idea was well received by delegates to the convention, so in preparation for the next federal election we have prepared the attached "Pledge to Local Government" for your consideration. Copies are being sent to more than 4,400 elected municipal leaders across Canada, including oftlcials of the FCM. My hope is that you will give this pledge some positive publicity by encouraging each federal candidate in your area to commit to it - to sign it publicly with yourself or some other municipal politician acting as witness. On behalf of the Reform Party of Canada, I can assure you that our candidates will be more than happy to make this commitment. As leader of the party, I too would be pleased to publicly sign the pledge when I visit your community. Once the candidate from one party signs the pledge, it puts pressure on the other candidates and parties to do the, same. In this way, I am hoping we could geha-soIid cross-party consensus in the 37th Parliament for stronger recognition of municipal government, no matter who wins the federal election_ In my June address to the FCM Convention I also strongly encouraged experienced municipal politicians to bring some of their experience with budget balancing, service delivery, and grass- roots democracy to Ottawa by running for the federal Parliament. While Reform Party nominations are just beginning, I am pleased to report that out of the first eighteen nominations, three are seasoned municipal politicians. These are: - Inky Mark, Mayor of Dauphin, Manitoba, phone (204) 638-5620 or e-mail: inky@mb.sympatico.ca - David Davies, Trustee of the Dufferin Public School Board in Ontario, phone (519) 942-8125. - David Clarke, Kingston City Councillor, phone (613) 546-8525 or e-mail: dmc@adan.kingston.net !:;1 All three of these candidates - as well as the attached list of sitting Reform Members of Parliament with experience in local government - would be more than pleased to answer any questions or receive any advice you might have on our Pledge to Local Government and securing a stronger commitment by the federal government to recognition of municipal government. I would also be pleased to receive any advice or feedback you might care to give me. Write me at the address on this letter, visit our web site at www.reform.ca or call at (613) 947-5748 (ask for John Armstrong). Thanking you for your interest, and sincerely hoping you will enthusiasticallyjrromote the "Pledge to Local Government," I am, i DIS~UTION r I el~oK I ",...n . _ ! ,CK. BY ~7. , r:Ri-:I~Al ' ,~ E- L, _ i. , ," ___u. , r'-- ,.- , ,..---- i-.-~,_ Yours sincerely, ~~~ S TO: , -- - .-,. _._- -- -- ,flpl..;l ;:/;. Preston Manning, M.P. Leader, Refonn Party of Canada PM:jmc L.,.. I I I I 1 1 I I I I I I I I I I I I I . 1 I I- I I 1 I I I I il I II II , I II I I; II I. I ;. l I, I Reform Members of Parliament with Experience in Local Government . ClilT Breitkreuz - County Council (I986), Lac Ste. Anne (AB). . David Chatters - Community Council, WestIock (AB). . Bill Gilmour - School Board Trustee (1986-88), Port Albemi (BC). · Jim Gouk - City Councillor, Castlegar (Be). · Ed Harper - Alderman, Barrie (ON). · Jim Hart - School Board Trustee (1988), Summerland (BC). · Grant Hill - City Councillor (I974-77), Okotoks (AB). · Jake Hoeppner - School Board Trustee, Gretna (MB). · Dale Johnston - Reeve (1989-92), Ponoka (AB). . Val Meredith - Mayor (1977), Slave Lake (AB). . Myron Thompson - Mayor, Sundre (AB). PLEDGE TO LOCAL GOVERlYMElYT If elected to the Parliament of Canada in the next federal election, I PLEDGE: 1. 1b work for federal recognition of local government as the first level of government closest to the people. 2. 1b support representation of local government at mqjor federal-provincial conferences affecting services and finances. 3. 1b support the principle of federal-provincial-municipal revenue sharing to ensure that local government has the finances to deliver the services it is called upon to provide. Signed this day of ,1997. WITNESS CANDIDATE PARTY I I I I I I I It I ! I I ,I , I I I I I I I II 11 , I l I II I I CANADA NEEDS A MUNICIPAL MANIFESTO an address to the FEDERATION OF CANADIAN MUNICIPALITIES by Preston Manning, M.P. Leader, Reform Party of Canada Calgary, Alberta June 1, 1996 For further information contact Larry Welsh _ (613) 992-2815 I I I I I I I I I I I j; , II I II II I II II i II I INTRODUCTION Thank you for inviting me to speak today. For those of you from out of town I would like to welcome you to the city and the province that my Reform colleagues and I represent in the House of Commons. In the federal parliament we often deal with the emotional, highly charged national unity issue. But those of you who are from these parts know that the rivalry between our biggest municipalities - Cal- gary and Edmonton - makes the battle between Quebec separatists and Canadian federalists look like a walk in the park. Calgary is presently losing its Armed Forces base to Edmonton. And for the first time in the history of the rivalry, Calgarians and Edmontonians are both upset about the same thing. Calgarians are upset because they think Edmonton is getting Liberal patronage. And Edmontonians are upset because they think Calgary is now trying to win the "Battle of Alberta" by sending in the anny. Obviously the national unity problem should be handed over to the Federation of Canadian Munici- palities, because if you can get Calgary and Edmonton to work together, imagine what you could do to unify the country. IMPORTANCE OF MUNICIPAL GOVERNMENT Now there is no need to convince you of the importance of municipal government. What ~ needed is for other levels of government (particularly the federal government) to acknowledge that importance in concrete ways, and to incorporate the "municipal fact" into their decision-making. A few reminders to help convince provincial/federal politicians: Municipal Fact . Municipal government is the most numerous form of government, with over 4400 municipalities in Canada . Municipal governments in Canada have combined revenues and expenditures of over $70 billion a year - this is greater than the combined expenditures of all provincial and territorial governments excepting Quebec and Ontario. . In terms of responsibility for people, there are 23 municipal (city and regional) governments with larger population bases than the smallest province (PEl). I would add that if the most important form of government is the government closest to people, then municipal governments ought to be considered the first level of government - with provincial second, and federal third. The legal fiction is that the municipalities are the creature of the provinces, and the provinces are the creatures of the federal constitution. The political and historical reality is precisely the opposite. It was the towns, citi~s, and counties that predated and gave birth to the PJ;ovinces, and the colonial predecessors of the provinces _ at least in Atlantic and Central Canada - that predated and gave birth to the federal government. And so a political and historical case can be built for municipal government as the first level of govern- ment. BRINGING YOU A MESSAGE FROM THE FEDERAL PARLIAMENT In any event, I am here to bring you a message from the federal Parliament (the third level of govern- ment). It is a message that ought to be coming from the Prime Minister, but is not. Instead, it is coming from the Reform Party caucus - a group of parliamentarians who are dedicated to reforming this federation so that it works better for all of us. And our message is this: The people of Canada need your help, as they have never needed it before, to get the federal Parliament and government on track for the 21st centwy. Municipal representatives like yourselves must begin to playa leadership role in national politics. YOUR LEADERSHIP IS NEEDED IN THREE AREAS You have a lot to teach the federal government, particularly in the areas of fiscal responsibility, social responsibility and service delivery, and democratic accountability. I. In terms of fiscal responsibility, your voice is needed to insist that the federal government balance its budget quickly, and thereafter live within its means. Municipal governments have something to offer on this subject that the federal government doesn't have - credibility. . First of all, you have a better track record of balancing budgets than either provincial or federal governments. . Second, you do it without off-loading onto lower levels of government because you have no one to off-load to other than the taxpayer. . . Third, most of you are required by law to balance your budgets! A concept which the cUrrent fed- eral government finds appalling, which is why Reformers advocate legislated tax and spending limits at the federal level. The people that you represent at the municipal level need you to teach the virtue of fiscal responsibility to the federal government. As long as the federal government is over-spending and building debt, as long as it is over-taxing workers, families, and job creators, it is draining prosperity and opportunity out of the very communities you represent. 2 I I I I I I I I I I I I I I I I I I I I I. I I I I I I II II I 11 II , ( II il II . II i II 2. In the area of social responsibility, you are needed to help bring about more cost-effective delivery of g~ernment services, including social services. Decentralisation of social services is being discussed, as you know, at a federal-provincial conference on June 20-21. Municipal governments, and the people you represent, will be directly affected by the eventual outcome of these discussions, because decentralisation to be effective must go further than the transfer of responsibility and funding from Ottawa to the provinces. I personally believe that representatives of municipal government should have a seat at any federal- provincial table where the decentralisation of services is being discussed. From the Reform point of view: . Decentralisation must mean more than off-loading expenses onto provincial and municipal govern- ments. · If we are to make a genuine attempt to bring government services closer to the people who need them, we must decentralise financing as well as responsibilities (through mechanisms like revenue sharing and tax point transfers). . And if municipal governments are to be the front-line deliverers of services, then you must be in~ volved in policy decisions and the setting of standards. This is why the sixth point in Reform's national unity platform - 20 Proposals for a New Confedera- tion - includes the following proposition: "The incfel!Singly important role of municipal governments in the delivery of essential services should be recognised, and the federal government should explore, with the provinces, ways and means of strengthening that role." Reform is the only federal party that explicitly recognises the role of municipal government in resolv- ing the national unity issue through the renewing of the federation. I should add that another aspect of social policy that concerns many of us greatly is the criminal justice system. It is the federal government that is responsible for the Criminal Code, but the administration of crimi- nal justice in Canada involves all three levels of government. And it is vour communities, your schools, your police officers, your social workers, who often must deal with the tragic consequences when the criminal jlistice system fails. You should speak out loudly, and federal politicians should listen carefully to what you have to sayan the subject of criminal justice reform, because whatever policy proposal looks good in Allan Rock's briefing book may not look so good to the people on the streets in your communities. 3. Finally (and most importantly), you have a lot to teach federal politicians about democratic ac- countabilih- and representation. Municipal politicians like you are the real grassroots politicians: . Far more than federal or provincial politicians, you deal directly with the people on a day-to-day basis. You have more face-to-face consultations with the people and groups that you serve and rep- resent. 3 . There are more referendums at the municipal level than at any other level of government. Reform- ers want more referendums at the federal level. . In many municipalities, people effectively petition to put an issue on a referendum ballot. Reform- ers want Canadians to have this right of "citizens' initiative" at the federal level. · On municipal councils, politicians are free to represent their constituents without a "party whip" hanging over their shoulder. Reformers want less party discipline and more free votes in the House of Commons. . I believe MPs on all sides of the House and (more importantly) the people we represent would benefit greatly from an injection of municipal-style democracy into our less-than-democratic federal parlia- ment. A MUNICIPAL MANIFESTO Having said all of this - about how important municipalities are becoming, and how federal politicians can benefit from your experience at the municipal level- I wanno ask you a political question: Would you be willing to bring forward a Municipal Manifesto for presentation to every candidate for the fed- eral Parliament before the next federal election? Perhaps something along these lines: "WE, THE ELECTED MUNICIPAL POLITICIANS OF CANADA, IN THE NAME OF OUR ELECTORS AND TAXPAYERS, HEREBY REQUEST THE MEMBERS OF THE FEDERAL PARLIAMENT: . No. I To balance the federal budget as we are required to balance ours, and to do so without an unfair off-loading of costs to other levels of government. No.2 To officially recognise municipal government as the first level of government closest to the people, and to give us meaningful involvement in the decentralisation and delivery of essential sef\;.ces, in establishing national standards, and in securing adequate financing. No.3 To democratise the operation of the federal Parliament by adopting practices which have been used by municipal governments for years, including face-to-face consultations with the public, greater use of referendums, and voting free from excessive party discipline." I encourage you to bring forward a MUNICIPAL MANIFESTO along these lines before the next elec- tion, and make a concentrated effort to ask every candidate for the Parliament whether or not they are prepared to support it. PROPOSAL FOR ALLIANCE Because the Reform Party of Canada itself is a bottom-up, democratic federal party, committed to both balanced budgets and decentralisation, I can safely say that Reform candidates would be supportive in principle of such a Manifesto.. 4 I ef. I I I I I I I I I I I I I I I I I I I. I I I- II I I I I I I I I I I I I !,' In fact, Reform is looking for allies to help us fight for fiscal responsibility, decentralisation, and grass- roots democratic accountability at the federal level. And I can think of no better source of allies than the municipal politiciaris and officials of Canada. ' Reformers are ready, willing, and able to work with you on issues of common concern, and to help bring the issues that are of greatest concern to your communities to the floor of the federal Parliament. (The key Reformers on municipal issues is our Deputy Inter-governmental Affairs critic, Ed Harper from Simcoe Centre in Ontario? himself a former municipal politician.) And if you want to press these concerns on the floor of the House of Commons yourselves, all federal parties will soon begin the candidate nominating process. I invite you to consider seeking federal nominations to bring your municipal sensibilities, including those of the Municipal Manifesto, to Bear on the federal system. To give Canada a fresh start on fiscal responsibility, social service delivery, and democratic accountability as we enter the 21st century. I can assure you of a warm welcome and enthusiastic response from federal Reformers. But I think I can also assure you of a warm welcome from the Canadian people, who want more of what you have to offer - proposed, practised, and delivered at the federailevel. Thank you. 5 I I I I I . I i II 1 II il I COUNCIL DIRECTION D - 13 Cl/ll.ringion Reha1biRi ta6.on & Sports injuries CRinic March 3,1997 II!IBCCIBIIWli1J) Re: Fluoridation of Water AGEfUJA MAR 3 1997 To whom it may concern, MUNICIPALITY OF ClAR1NGTON MAVOR'S OffiCE I would ask, that research be carried out before adding Fluoride to our water. There is strong evidence to support the toxic effects of fluoride linking it to cancer, birth defects, depressed immune systems. It is interesting to note that Fluoride is banned in 10 European countries and many American states. While at a health symposium 3 years ago there were two dentists from Huntsville who were strong advocates against water fluoridation and its effects on human health. ,I 1. II , 1 " This is a controversial topic and one not to. be taken lightly. As a health practitioner, I feel adding fluoride to our water is completely unwarranted in view of recent research. These papers are available for review and you can talk to doctors and dentists who have information on this topic. J would be happy to assist you in can in contacting these people. · ':',c~:~.?~~j"Tr':"'-N"~r :;n:~r~:~ for your careful consideration in this very serious matter. \1 ~;~<:_::_._,? "'.~~~ /J !'o.':;!1'II\L r-rt.TlJE/o u7tJp /~. l . ('(:j,:;ES TO: ! , I '--'1 Dr. Kathlynn Hoch, D.C., F.I.A.C.A. I i Clinic Director/Certified Rehabilitation Consultant 1- I !'''-- i *Please provide copies to Town Councilor others who should read thisj-'---- I ---, t l !, b i \ ~!:L5'."Q S:S :Ut;; ! I_-..._~_~------' II ! I, I' " il I ; 2.3~ Kine Street E-t. Bowrna.....illo. Onto LIC IPS. PhoDe/FaJ;, (905) 62;;_8202 ""..".=.H.__~"",,-._ I I I I I I I II I F uori . atlon: ........ ............. ......... Fraud of the Century by Richard G. Foulkes, MD Robert Carton, PhD, former sdentist with the u.s. Envi- ronmental Protection Agency, interviewed on CBe TV's "Marketplace, " November 24,1992. ~~ For every $1,000 taxpayers spend on {lUfJride chemicals, iust 50 cents goes tJJ children's teeth. Children wuJer the age of 12 drink only .04 per cent of community wafJ!r. Photo e TIm Ward. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . For the past three years my wife, Anne Anderson, and I have stud- ied the literature on fluoridation. This government-approved measure involves adding a known toxic chemi- cal to drinking water for the avowed purpose of improving dental health. There is evidence, however, that fluori- dation does not prevent tooth decay and may cause serious illness, birth defects and premature death. From 1972 to 1975, I served as spe- cial consultant to the Minister of Health for British Columbia. My report to the B.C. government, Hl'lJlth Security for British Columbians (1973), recom- mended mandatJJry fluoridation. Why? [ placed my trust in individu- als from whom I received advice. I assumed they had done their home- work, studying all sides of the subject thoroughly. This was not so. Claims of significant "benefits" of fluoridation are more propaganda than science. In B.C., public health offi- dais declared that in one study fluori- dated children showed a "benefit" of 34 per cent. The actl/al difference was 0.85 of a tooth SII1faa - less than one cavity! Fluoride Pollutes the Environment The substances added to drinking water are sodium fluoride, hydrofluosilicic acid or sodium silicofluoride. All are industrial toxic wastes - obtained from scrubbing the air emissions from smelters and phosphate fertilizer plants. On average, children drink just 0.04 per cent of the community water supply. In artifidally fluoridated areas, 99.96 per cent is pollution. Fluorida- tion is a convenient and economical way for industry to dispose of waste and give a benign image to a toxic substance. [n fact, this is why fluorida- tion first started back in the 19405. The aluminum smelting industry especially influenced government into fluoridat- ing community water supplies. , , , I t IlIne /filly 1994 . Page 7 :i~ Acute Fluoride Poisoning Malfunction of the fluoridation sys- tem in Hooper Bay, Alaska, on May 21to 22, 1992, resulted in one death and the illness of 296 others, one critical. Of great importance is the finding by public health investiga- tors that the dose causing illness is 27 times lower than the dose previ- ously reported. This is 0.3 mil- ligrams (mg) per kilogram (kg) com- pared to 8.0 mg per kg. It can be calculated that the minimum esti- mated dose of fluoride causing Ill- ness in a 36.3 kg (80 Ib) child is 10.8 mg. This is less than 1 miIlilitre (ml) (1/5 teaspoon) of APF Gel" applied in the dentist's office. Many dentists, physicians, patients and parents do not recog- nize the symptoms and signs of acute fluoride poisoning and do not know basic treatment. Symptoms vary according to the dose and may be progressive: "flu-like" symptoms; nausea; vomiting; diarrhea; "burn- ing" pain in the abdomen and cramps; shock (pale, sweating, hypotensive); cardiac irregularity; cardiac arrest; and death. FlISt Treatment: induce vomit- ing; give caldum (lime water; liquid or gel antadds; or copious milk). Hospital Emergency Room: monitor; electrolytes; intravenous caldum gluconate (500 mll0 per cent solution over a few hours). , APF Gel: amount usually ptaced in IIaY is 5 ml sodium fluoride at 12,300 ppm. This equals 61.5 mg fluoride (Wbitford, 1989). Today, people ingest fluoride from multiple sources: drinking water; bever- ages and reconstituted fruit juices; food prepared in fluoridated water; tooth- paste; dental treatments; and supple- ments. It is important to be aware of total fluoride ingestion. According to the us. Public Health Service publica- tion Rmew of Fluoride Benefits and Risks, 1991, total fluoride ingested by two- yeac-alds is more than 3 mg a day in fluoridated and 2 mg a day in non-fluo- rida~ areas (see chart). Ingestion by adults in fluoridated areas probably I Pt'H~~ R. rIm" / 'ulv 1994 exceeds 6 mg per day. Worldwide research has clearly revealed that these lellills are a threat to human health. -ZS liThe only developed countries that still fluoridate their water are parts of England, Canada, the U.S., Southern Ireland, Australia and New Zealand. Japan and Hawaii, along with 21 European countries, have banned or discontinued fluoridation. II Richard Foulkes, MD -:3_ Fluoride Supporters Discredited Fluoridation is supported by the hypothesis that the concentration of fluoride in drinking water is inversely related to tooth decay (caries). Advo- cates point to the positive results of dental examinations carried out in cities such as Grand Rapids, Newburg; Evanston in the U:S.; and Brantford, Canada; which were fluoridated as I "experimental trials" as early as 191 By 1972, the hypothesis had , discredited. "The father of fluonc tion," H. Trendley Dean, under 0.1 two court cases (Oroville, 1955; C go, 1960) admitted that the criteri his studies (t 942) had not been IT and his results were in error. In I data from the "experimental trials' shown by Philip Sulton to be inac quate, possibly fraudulent and ,. pabl,!' of supporting the 60 to 7 cent reduction in caries claimed. Tooth Decay Declining I Before Fluoridation Researchers in various countries ha shown that people living in fluoril areas do not have significantly I rates of tooth decay. In the 1980s, Rudolph Ziegelbecl analyzed all published data and I firmed that there is no significant tionship between the concentration fluoride in water and caries. I Diesendorf studied dental health in fluoridated and non-fluoridated areas eight deveioped countries. He I large reductions in tooth decay i that could not be attributed to lIuo Kalsbeek and Verrips studied Eu pean countries in 1990; they fl reductions in dental caries compa the previous generation that could I be attributed to fluoride add DAILY FLUORIDE INTAKE, CHILDREN & ADULTS (Adapted from Tables 10, 11, USPHS "Review of Fluoride Benefits and Risks. 1991". 8.0 . 7.0 Toothpasl I <'W3 o2'J- ,2r.o ~~ ~ ~2'g 1.2 12 Child 20 kg Adult SO kg Auoride dentifrice twice per day (brushing twice datt --IoOIhpaste) 6.0 MgF/day 5.0 4.0 3.0 Sl<IlIeIal 2.5 X-ray Changes 2.0 A=f~ =, I Food I I ~~ I . I I I I I I I I I I I .1 i II I II '. jl I-Fluoride Endangers Salmon Species Salmon stocks in British Columbia and the U.S. Northwest are in serious decline. Many species are listed as "endangered." Salmon runs in the Columbia-Snake River system of the U.S. have plumetted from 10 to 16 million a century ago to less than two million in 1991. Runs on the Thompson River in B.C. are so depleted that sperm banking Is being used to preserve species. There are 11 artificialiy fluoridated water systems along the Columbia-Snake River system along with industrial polluters, mainly aluminum smelters. The city of Kamloops. B.C., discharges its fluoridated effluent directly into the troubled waters of the North Thompson. In B.C., it has been calculated' that, taking into account temperature and hard- ness of water, a concentration of fluoride above 0.2 milligrams of fluoride per litre (mgF/l) is lethal to SO per cent of salmonids (rainbow trout). In Washington State, it IVas found in a field study on the Columbia River that fluoride levels above 0.2 mgF/l inhibited migration of Chinook and Coho salmon and caused losses of up to 55 per cent (Damkaer and Dey, 1989). Concentrations of fluoride from cities fluoridated at the "optimal level" of 0.7 to 1.2 mgF/l exceed this "critical" concentration in surface run-off and sewage effluent. Yet fluoridation as a factor in the "critical habitat" of endangered salmonids is not discussed. fluoride deselVes to be called "the protected poliutant." . Warringron. 1990 drinking \\".1lef or to toothpaste. In \:t"\\ Zealand, Coiquhoun also obser,,,d th.lI caries reduction was tak- ing plac" beiore the introduction of Iluoridation or Iluoride toothpaste. In the L:.S.. international fluoride aut/lOrit\. John Yiamouyiannis ana- !\-zed the i9S6 to 1987 National Sur- Ve\' (If .N.20- L',S. schoolchildren aged S to ]~. It sh",\q:d I/O di/terellt"(! in the decJ\- fall"" l':; Dermant'llt teeth or the percc-tltagl..c l~~ dt'(J~'-free children in flllO~:\.1.1tt-J. :'Jrtiall\" fluoridated or . . non-tluoridated areas. F"jerskO\' showed in 1990 that Iluo- ride ingested b,' children during the pre- erupti\'e phaS<' results in improper calci- fication of enamel and makes teeth more .~llJ(t-ptjNt' to t:.mes. The same year, Thyl- strup h-wte tlu! only tupjwl fluoride can be (Onsjdd~d useful - not to prevent caries. hut to -remineralize" teeth con. ,idl'rni li..I, :,' develop 'caries, In 1977, Sihl>r~h)Jk 11.::":: shm\'n that topical tluo. ride "'J, onl,' slight". more effective than >aha for -remineralization." In 1993. [lr. Christopher Clark, spoknperson im the Canadian Dental .-\ssocialion ,COAl. wrote in the CDA JOllmd/: "The ITJditional thinking about the "<l" tluorides prevent dental caries has changffi... the primary effect of flu- orides is post.,;ruptive. and more thera- ~rl~ peutic than preventive," Does this mean the CDA will soon abandon its support of fluoridation? Don't bet on it! Harmful Effects of Fluoride There is no benefit from fluotidation; is there evidence of harm? Even as far back as 1937, Kaj Roholm had described the devastating effects of fluoride on teeth and the skeletal, gastrointestinal. neurological and cardiovascuiar systems of Danish workers exposed to the dust of cryolyte, an ore containing fluoride. He found that infants could develop crippling dental and skeletal disease from fluoride in breast milk. Toxic effects of fluoride reported before 1972 included tumour forma- tion in mice and genetic damage to plants and insects. Other leading adverse effects are as follows: 'Birth defects. In the 1950s, lonal Rapaport shOwed that the incidence of lJown's Syndrome is higher in fluoridated areas. . Dental fluorosis. Whitford stated in 1989 that 0.75 to 1.0 mg of fluoride a day is sufficient to cause this dis- ease, characterized by mottling and softening of tooth enamel. Total flu- oride intake of children living in flu- oridated areas exceeds this. Up to 60 VITA-SPELl . PASTA Something new from something old. Purity Foods introduces VITfI-oSPELTe pasta. Made from Spell. a grain with a 9000 year old history. our pasta is a new approach 10 putting a healthy. deJjcious and nutrilious meal on your table, A great ahernali ve to common wheal. VITA~SPELT. pasta fuels your energy reserves with a high level of complex carbohydrates. B vilamins. (he eight essential amino acids. iron and potassium, VITA-SPELTe is [he high octane fuel you need to perform at your maximum efficiency whether OIl work or play. Wilh its delicious nutty navor. a package of VITA.oSPELT.,. pasta goes a long way. Complement it with your favorite sauces. sprinkle it with herbs and cheeses. hs high fiber content assures your most hungry guesl a satisfying meal. Easy to prepare and elegant to serve. VITA-SPELTe pasta is today's choice for healthy eating. .uritY Foods Inc. 1871 W. Jollv Road I 4. Okemos. MJ 48'8~ USA Ph. (517) 351.913 I ~ov.' il\'ailabk OIl t'C'ller nOli ural food '\I~ e"eryv.'nel'(', IUl1t' 'lu!l'/Y<1-/el'i1s(.g I I per cent of Canadian children exhibit dental fluorosis, a visihle sign of fluoride poisoning. . Skeletal fluorosis. This cripples thousands in India, where high nak ural fluoride levels are found in soft water. An early symptom is back stiffness. Later, x-rays show abnor- mal calcium deposits in bone and ligaments. Finally, bony outgrowths may occur in long bones, and the spinal cord may be compressed by overgrowth of vertebrae. In 1991, S.P.S. Teotia wrote that the continu- ous intake of more than 2.5 mg of fluoride per day for more than six months deposits more than 4,000 to .: ,6,000 parts per million (ppm) of flu- oride in the skeleton and causes detectable x-ray changes of fluorosis. This level of total fluoride is reached by children residing in fluoridated areas and is exceeded by adults. . Hip fractures. Five studies pub- lished since 1990 have shown a rela- tionship between residence in a flu- Camomile makes wrinkles almost disappear .' ~ ^ n historic study was recently nconducted in Europe. A group of women whose skin had been damaged by harmful ultraviolet rays of the sun applied our CAMOCARE Facial Therapy containing a special patented Camomile. In just 3 days, a dramatic smoothing effect occurred with a visible reduction of the fine lines and wrinkles caused by the UV rays. In jl.lS[ 7 days, the skin returned to its healthy, radiant look. This luxurious facial cream does more thao moisturize. It soothes and relaxes the skin- dramatically reducing appearance of lines and wrinkles caused by sun damage. CAMOCARE is now available at leading health food stores every- where-such as your local store listed on this magazine cover. For more information call 1-800-CAMOCARE, EXf. 117 or PURITY LIFE HEALTH PRODUcrs 1-5t9-853-3511 or , CHRISTMAS NATURAL FOODS 1-604-591-8881 Ulmo&re" SKIN SMOOTHING CAMOMILE p~ 10. /line / filly 1994 oridated area and hip fractures i' the elderly. In 1992 in Utah, Christa DanIelson showed a signifiCal increased risk in both men (41 P cent) allldwl'lmen (27 per cent). , . Cancer. After a comparative stuI based on 18 million people in large U.S. cities, Burk an Yiamouyiannis showed that there are .'0,000 to 20,000 excess cane. deaths annually in residents of flu ridated areas. The U.S. National Toxi- cology Program (NTP) was orderJ by Congress in 1977 to carry out a mal studies of the cancer potential 0 fluoridated water. In 1989, the NTP completed one of its major studies.. number of cancers were identified . experimental animals (rats and mice). Noteworthy was the discove of a dose-related high incidence i male rats of a rare bone cancer, osteosarcoma. R.N. Hoover and 0 - ers in 1991, and P.O. Cohn in 199 reported an increase in osteosarco in young men under 20, with the highest incidence in fluoridat areas. Yiamouyiannis confirmed i 1993 that the bone cancer rate is SO per cent higher for young me living in fluoridated areas. . Other adverse effects. The litera has also reported goitre; anemia; sensitivity reactions; and inhibitio of the immune system. Fluoridation is also associated with increased iead levels in tap water sometimes as much as SO per cen These recent findings arose following analyses of water supplies in Tacom Washington, and Thurmont, Ma land. Lead is one of the most tox metal contaminants. it accumulates in the body and excess levels can dama vital organs, including the brain. Ch' dren are especially susceptible to lead toxicity. Both lead and arsenic,ar contained in small amounts in th waste products used for fluoridatio . However, it is thought that most of the increase is caused by fluorid leaching the metal from taps an water-line fittings. 11&.\1.:tff How to Combat Huoride It is dear that if we use the analogy of a balance, the risks of fluoridation ou weigh any possible benefit. [s fluori tion a fraud? "Benefits" are a deceptio I I I I I I I I I I I I I I I II I I II the risks may be calamitous; and the true object of fluoridation is to serve the waste disposal needs of industry. ' Fluoridation fits the definition of piol/s {Tal/d: ''deception for what is con- sidered a good object." Is the "good object" dental health or something else 7 Who decided? ' Consumers" health professionals and government agencies, established to protect the public, have all been either misled or coerced. What can we do? Practise common sense methods of dental hygiene. Ensure a proper diet. Remove fluoride from water by reverse osmosis, distilla- tion and special filtration methods. Refuse fluoride treatments. Use non- fluoridated toothpaste, available from health food stores. Lobby for labelling of foods for fluoride content. Pressure manufacturers of toothpaste and mouthwash to remove fluoride from their products. Educate your family, friends, doctor, dentist and members of the federal and provincial legisla- tures. Form or join networks to ban fluoridation. The victims can bring the fraud to an end. Resources If you'd like to know more about the dangers of fluoride, check out the books and studies listed below or con- tact one of the following organizations: . Health Action Network Society (HANS), (604) 435-0512 or write =202, 5262 Rumble Street, Burnaby, B.C. VSj 2B6. This association offers books, a selection of videos impli- cating the health risks associated with fluoride, as well as six detailed information packages on fluoride for S20 apiece. You can also phone HANS with any questions you have about fluoride. 'Consumer Health Organization of Canada, (416) 222-6517 or write 250 Sheppard Avehue East, Suite 205, Box 248, Wiilowdale, Onto M2N 5S9_ Consumer Health is offering publications by interna- tional fluoride authority Dr. john Yiamouyiannis. The cost is $1.75 for his brochure Lifesavers Guide I1J Fluoridatioll and S20 (add $3.50 shipping plus GST) for his book Ruoride 17re Agillg Factor (see review in this issue)_ Recommended Reading Kennedy, D. How to Save Your Teeth, Toxic Free Preventive Dentistry. Delaware, Ohio: Health Action Press, 1993. ,,0 Martin, B. Scientific Knowledge in Controversy, the Social Dynamics of the FII/oridation Debate. New York: State University of New York Press, 1991. Stewart, ].c. Drinking Water Hazards; Envi- ronographics. Hiram, Ohio, 1990. Waldbolt, G.L., Burgstahler, A. W. and McKinney, H.L. Fluoridation, the Great Dilemma. Lawrence, Kansas: Coronado Press, 197B. Yiamouyiannis, j. Fluoride The Aging Fador (3rd ed.). Delaware, Ohio: Health Action Press, 1993. References Gark, D.C. "Appropriate Use of I'luorides in the 1990s." Can. Dent. Assn. f., 1993;59,3:Z72-Z78. Cohn, P.D. "A Brief Report on the Associa- tion of Drinking Water I'luoridation and the Inddence of Osteosarcoma Among Young Males." EHS, New jersey Dept. of Health, Nov. 8, 1992- Colquhoun, j. "I'luorides and the Dec1ine in Tooth Decay in New Zealand." Flunride, 1993;Z6,Z:I25-134. Damkaer, D.M. and Dey, D.B. "Evidence for Fluoride Effects on Salmon Passage at the john Day Dam, Columbia River, 198Z.1986." North Am.f. Fisheries Mgml., 1989;9:154-16Z. Danielson, c., Lyon, ).1., f8ger, M and Good- enough, GK "Hip Fractures and Fluorida- tion in Utah's FlderIy Population." ,. Am Met!. A.<sn., 1992;268,6:746-748. Dean, H.T. Testimony: Qty of Oroville vs. California Water Service Co., Oct. 21, 1955 and 5churinga et al. vs. City of Chicago, May 13, 1960. Diesendorf, M. "The Mystery of Declining Tooth Decay." Nature, 1986;322:125-129. Fejerskov, 0., Manji, F. and Baelum, V. "The Nature and Mechanisms of Dental I'luorosis in Man." f. Dent. Res., 1990;60 (spec. issue):69Z-700. Foulkes, R.G. "Health Security for British Columbians." 1973, Z vols., B.C. Gov- ernment Printer. Foulkes, R.G. "ease Report: Mass Fluoride Poisoning, Hooper Bay, Alaska." Fll/oride, 1994;Z7,t:3Z-36. Heifetz, S.B. and .Horowitz, H. "The Amounts of I'luoride In Current fluoride Therapies: Safety Considerations for Children." f. Dent. Chfldren, july-Aug., 1984:257-Z69. Hoover, R.N., Devesa, S., Cantor, I<. et a1. 1990: "Time Trends for Bone and joint Cancers and Osteosarcomas.' USPHS Review of Fluoride Benefits and Risks, Feb. t991. Kalsbeek, H. and Verrips, G.H.W. "Dental Caries Prevalence and the Use of Flue- rides in Different European Cou _ tries."' f. Dent. Res., 1990;69 (spe~ issue):728-73Z. . Rapaport, I. "Contribution a I'etude eli- f, ologlque du mongolisme: Role des inhibiteurs enzymatiques." Encephale 1957;46:468-481. ' Roholm, K. "Fluoride Intoxication, A Clini- cai-Hygienic Study." H.K. Lewis & Co. Ltd., London, 1937. Silverstone, L.M. IfRemineralization Phe. nomena. Ir Caries Res., 1977;II(supp.1):59-84. Sutton, P.R.N. "Fluoridation, Errors and Omissions in Experimental Trials." Mel- bourne University Press, 1959. Teotia. S.PS. "Endemic I'luoride: Bones and Teeth - Update." lnd.f. Environ. Toxico/. 1991;1,1:1-16. Thylstrup, A. "Clinical Evidence of the Role of Pre-eruptive I'luoride in Caries Preven- tion." f. Dent. Res., 1990 (spec. issue):74Z-750. U.S. Dept. of Health and Human SelVices, PHS. 'Review of Fluoride Benefits and Risks," Feb. 1991. Warrington, P.D. "Ambient Water Quality Criteria for Fluoride; Technical Appen- dix," Ministry of Environment, Province of British Columbia, 1990. Whitford, G.M. "The Metabolism and Toxi- city of I'luoride;' Monographs in Oral Science, Karger, 1989; No. 13. Yiamouyiannis, j. 'Water Fluoridation and Tooth Decay: Result' from the 1986- 1987 National Survey of U.S. School- children." Fluoride, 1990;23,Z:55.{j7. Yiamouyiannis, j. "Fluoridation and Can- cer.' Fluoride, 1993;Z6,Z:83-96. Yiamouyiannis, j. and Burk, D. 'fluorida- tion and Cancer, Age-dependence of Cancer Mortality Related to Arlifidall'lu- oridation." Fluoride. 1977;1O.3:IOZ-123, 2iegelbecker, R. "Fluoridated Water and Teeth.' Fll/aride, 1981:14,3:IZ3-128. Richard Foulkes is a practising physician and private cOllsultant ill health services in AblxJtsford, B. C. He served as special consultallt to the Minister of Health for British Columbia {Tom 1972 to 1975, during which time he was commissioned by the B.C. govemmmt to study the mtire health care system and recommelld improvements. From 1973 to 1976, Dr. Foulkes was appointed clinical assistant professor, Department of Health Care alld Epidemiology, University of British Columbia. He was elected Fellow of the American Public Health Associatioll in 1970 "ill recognitioll of superior profes- sional stature alld community leadership." Dr. Foulkes has published more thall 46 articles on various aspects of the health care delivery system. 1J6;.\l:tH~ fUlle /July 1994 . Page 11 Toxic Effects of filuoride .. More and more people have become concerned about the toxic effects of fluoride. Originally promoted as a pre- ventative measure for dental carries and introduced into our drinking water in the early 1950s, fluoride has become a very controversial topic. It now appears that whatever benefits (if any) we might see in dental health are being greatly offset by the multitude of cancers and the many side effects discovered from fluoride poisoning. We are exposed to the carcinogen, fluoride, in a variety of forms. In Canada about 50 per cent of our water is fluoridated. (Contact your water works department to find out if fluo- ride is used in your community.) We also find the chemical in such prod- ucts as: preservatives, insecticides, fungicides, rodenticides, electroplat- ing, glass, enamels, electronics, lasers, fluxes. ceramics, lubricants, concrete hardeners, and water-proofing materi- also In addition, processed foods made : with fluoridated water, (e.g. beer, soft 5, drinks, reconstituted fruit juices, . canned goods, spaghetti, and dry cere- als), as well as food cooked with fluo- ridated water and fluoridated tooth- paste are common household sources. Fluoride is also in mouthwashes, and may be applied directly to your teeth in a fluoridated paste form used by some dentists. Each time fluoridated toothpaste is used, some fluoride is ingested - usu- ally between 1/4 and 1 milligram. In his book "Fluoride, the Aging Factor" Dr. John Yiamouyiannis warns that a 7 ounce tube of fluoridated tooth- paste, if ingested, is toxic enough to kill a small child! It is difIicult to understand why we, as a society, continue to allow a substance like fluoride to be used when there is so much evidence that links it to genetic damage, birth defects, cancer - that demonstrates that it inhibits DNA, interferes with enzymes, depresses the immune sys- I fROM THE CRADLE Of CIVILIZATION, AN ANCIENT, NUTRITIOUS fOOD IS REDISCOVERED. Intr..d'h.in~ tilt' 1lt'\H'St. 111<1:-1 lIniqut' ~rt.t'n fuud 3\-ailahlt'! . iCNY''t. juice: NO fillers, binde~. starches or dexfu.. + &onomical and pUce competitive 01 opproximale~ 13 ""..per se";ngs; 90, 1 tablespoon servings :lrefcontDiner . NO<filllSleUfized: retoins Ihe-Iive" qualities oilhe oiIorNls. miIles"" ond enzymes. + 00Ir exdusive high. hiQh ~ 65% K"mui:'::;..r3~lf". . + Ddiious and c_t. "'....iMes in wotor (J'nD:withjuice. . 100'. re<ydab~ padaging. + .Io....lea! ""''' of green juice foct"", pmides """""" widt an _, easy._ g.... foad. .~Cer1iliedOrganic. Instant_ 100'1( ,Iried jui('~ nf Kamut@ sp,'nuts and alfalfa 1 tablespoon Green Kamut = 1 az. fresh wheat grass juice = 22 OL fresh vegetables Ask for GREEN KAMUT@ at your health food store. Imported by AIlesian Acres R.R. 3, locombe, Alberto TO( 150 (011403.782.5075 or 416.889.9201 I tern, causes mottling of teeth, wrin' kled skin, kidney and bladder diSor- ders, vomiting - and the list goes on Fluoride has been banned in 1. European countries and man~ American states. The U.S. Public Health Service in 1991 reported 0" the risk of cancer, bone tumours,1 bone fractures and genetic mutations from fluoride poisoning. America~ statistics report "30,000 to 5o,00~1 excess deaths are observed in the United States each year in areas which add 1 part per million fluoride to the drinking water." (Yiamouyiannis) , Since over 90 per cent of all treated water is used for purposes other than drinking, government expenditure in terms of fluoridation is completely unwarranted. In the Toronto area over $350,000 is spent each year for the chemical. The fact that fluoride is NOT in any way essential to human health must also be noted. Its addition to drinking water is solely for the ques- tionable control of dental caries and should be challenged by each of us. Help Is On The Way - and You're It! J The long term outlook is complicate First we must look closeh. at the wav we li,.e and then decide upon how "'I (an reduce th~ em"iran,mental impac \\"e Illake on thiS earth. [-rom the reduc. tion of o\~er.packaged goods to chang. ing our meat based diets towards a vegl etarian Iifest,'le. We must lobby ou politicians to implement em.ironmen- tally sustainable systems in our indUS. tries and in our society. Only togethe as a concerned and acti,"" community can we €\-er hOpe to change our stan. dards and impnwE' not only our wate suppl" but so Illuch more. I kno\\ these are broad and general statements, but they are the essential outline for al healthier future. Comilllled Oil page 161 1 /'.,-,'0.1"'""/.,, /993/ '<11111(11)' 1994 He.N:tH~ I I I I I I I I I I I I I .1 I II II I 11 COUNCIL DIRECTION D - 14 AGENDA 3 First Street, Bowmanville Ont., ~larch 3, 1997 IDJlrtIBllW'1LD HAR 3 1997 J.1UNICIPAUTV OF CLARlIiG'totl MAYOR'S OFFICE The Mayor and Councillors, Town of Clarington Dear Council Member: I'm urging you to deny the recent request for fluoridation of the Clarington water supply. Fluoridation of water for the prevention of tooth decay has been a matter of controversey for more than fifty years. While both sides can produce ample statistics to support their case, the following are indisputab Fluoride is a deadly poison. - Claims of reduced tooth decay from fluoridation have been refuted. Fluoride from industrial polution is already in the water and food chain and total ingestion by humans is a threat to health in Some areas even where the water supply is not fluoridated. - Harmful effects of fluoride are well documented and include dental fluorosis, birth defects, and a link to cancer. Please take a few moments to read the enclosed literature. Please call me if you would like further information. Sincerely, Doug Hately 697-0275 I" j-'-- !-.-- L__. t F:=~~=~:_=--t- r'- , , ----. ('y (f E:. CI!:.:,;:;.g-~_:.~-= ..,..~ .~~.~,.~-~--.::-~. - I I I I I I I I I F uori . atlon: ..... ................... ...... Fraud of the Century by Richard G. Foulkes, MD I I Robert Carton, PhD, former sdentist with the u.s. Envi- ronmental Protection Agency, interviewed on CBC TV~ "Marketplace," November 24,1992. ~ For every S1,000 tIlxpayers spend on fluoride chemicals, just SO cents goes to children's teeth. Children rmJer the age of 12 drink only .04 per cent of COmmunity water. Photo €:I Tun Ward. . ... .. . . . . . . . . . . . . . . . . . . . . . . . . For the past three years my wife, Anne Anderson, and I have stud- ied the literature on fluoridation. This government-approved measure involves adding a known toxic chemi- cal to drinking water for the avowed purpose of improving dental health. There is evidence, however, that fluori- dation does not prevent tooth decay and may cause serious illness, birth defects and premature death. From 1972 to 1975, I served as spe- ciai consultant to the Minister of Health for British Columbia. My report to the B.C. government, Health Security for British Columbians (1973), recom- mended mandatory fluoridation. Why? I placed my trust in individu- als from whom I received advice. I assumed they had done their home- work, studying all sides of the subject thoroughly. This was not so. Claims of significant "benefits" of fluoridation are more propaganda than science. In B.c., public health offi- cials declared that in one study fluori- dated children showed a "benefit" of 34 per cent. The actual difference was 0.85 of a tooth Slnface -less than one cavity! Fluoride Pollutes the Environment The substances added to drinking water are sodium fluoride, hydrofluosilicic acid or sodium silicofluoride. All are industrial toxic wastes - obtained from scrubbing the air emissions from smelters and phosphate fertilizer plants. On average, children drink just 0.04 per cent of the community water supply. In artifidally fluoridated areas, 99.96 per cent is pollution. Ruorida- tion is a convenient and economical way for industry to dispose of waste and give a benign image to a toxic substance. In fact, this is why fluorida- tion first started back in the 19405. The aluminum smelting industry especially influenced government into fluoridat- ing community water supplies. '"~. '1(: Acute Fluoride Poisoning Malfunction of the fluoridation sys- tem in Hooper Bay, Alaska, on May 21to 22, 1992, resulted in one death and the illness of 296 oihers, one critical. Of great importance is the finding by public health investiga- tors that the dose causing illness is 27 times lower than the dose previ- ously reported. This is 0.3 mil- ligrams (mg) per kilogram (kg) com- pared to 8.0 mg per kg. It can be calculated that the minimum esti- mated dose of fluoride causing ill- ness in a 36.3 kg (80 lb) child is 10.8 mg. This is less than 1 miI1ilitre (mI) (115 teaspoon) of APF Gel" applied in the dentist's office. Many dentists, physicians, patients and parents do not recog- nize the symptoms and signs of acute fluoride poisoning and do not know basic treatment. Symptoms vary according to the dose and may be progressive: "flu-like" symptoms; nausea; vomiting; diarrhea; "burn- ing" pain in the abdomen and cramps; shock (pale, sweating, hypotensive); cardiac irregularity; cardiac arrest; and death. First Treatment: induce vomit- ing; give caldum (lime water; liquid or gel antadds; or copious milk). Hospital Emergency Room: monitor; electrolytes; intravenous calcium gluconate (500 ml10 per cent solution over a few hours). . APF Gel: amount usually placed in tray is 5 ml sodium fluoride at 12,300 ppm. This equals 61.5 mg fluoride (Whitford, 1989). Today, people ingest fluoride from multiple sources: drinking water; bever- ages and reconstituted fruit juices; food prepared in fluoridated water; tooth- paste; dental treatments; and supple- ments. It is important to be aware of total fluoride ingestion. According to the Us. Public Health Service publica- tion &view of Fluoride Benefits ond Risks, 1991, total fluoride ingested by two- year-01ds is more than 3 mg a day in IIuoridated and 2 mg a day in non-fluo- ridated areas (see chart). Ingestion by adults in fluoridated areas probably p~ 8 . Tune !July 1994 DAILY FLUORIDE INTAKE, CHILDREN & ADULTS (Adapted from Tables 10, 11, USPHS "Review of Fluoride Benefits and Risks, 1991 ") 8>> T~ 7.0 I W~r& Bevel I Food I I exceeds 6 mg per day. Worldwide research has clearly revealed that these levels are a threat to human health. -= . "The only developed countries that still fluoridate their water are parts of England, Canada, the U.S., Southern Ireland, Australia and New Zealand. Japan and Hawaii, along with' 21 European countries, have banned or discontinued fluoridation. " Richard Foulkes, MD ~ . .:....- Huoride Supporters Discredited Fluoridation is supported by the hypothesis that the concentration of fluoride in drinking water is inversely related to tooth decay (caries). Advo- cates point to the positive results of dental examinations carried out in dties such as Grand Rapids, Newburg; Evanston in the U.S.; and Brantford, Canada; which were fluoridated as 6.0 MgFfda!I 5.0 4.0 3.0 SkeIeIaI 2.5 X-<ay 2.0 Changes 0erDI ~~ R~~~ I "experimental trials" as early as 1945. By 1972, the hypothesis had I discredited. "The father of fluo tion," H. Trendley Dean, under oath two court cases (Oroville, 1955; CI go, 1960) admitted that the criteri his studies (1942) had not been IT and his results were in error. [n j data from the "experimental triais' shown by Philip Sutton to be i quate, possibly fraudulent and inl pabl~ of supporting the 60 to 71 cent reduction in caries claimed. Tooth Decay Declining Before Huoridation I Researchers in various countries shown that people living in fluoridal areas do not have significantly 11 rates of tooth decay. In the 1980s, Rudolph Ziegelbecl analyzed all published data and) finned that there is IW significant tionship between the concentrati fluoride in water and caries. Mi Diesendorf studied dental health in. fluoridated and non-fluoridated a~ eight developed countries. He fou large reductions in tooth decay i,. that could not be attributed to fluo. Kalsbeek and Verrips studied ElJ pean countries in 1990; they fl reductions in dental caries compa the previous generation that coul be attributed to fluoride added <~ If- ;zro ~ ~7~ ~ 1.2 1.2 Cl1iId 20 I<Q Adult 50 I<Q Ruoride den1ilrlce twice per day (bnJsIWlg twice daly with 1Iooridaled~) ~ I I I I I I I I I I I I . I I I I I I ~....- , i Fluoride Endangers Salmon Species Salmon stocks in British Columbia and the U.s. Northwest are in serious decline. Many species are listed as "endangered." Salmon rullS in the Columbia-Snake River system of the U.S. have plumetted from 10 to 16 million a century ago to less than two million in 1991. Runs on the Thompson River in R.C. are so depleted that sperm banking is being used to preserve species. There are 11 artificially fluoridated water systems along the Columbia-Snake River system along with industrial polluters, mainly aluminum smelters. The city of Kamloops, R.C., discharges its fluoridated effluent directly into the troubled i waters of the North Thompson. In R.C., it has been calculated' that, taking into account temperature and hard. ness of water, a concentration of fluoride above 0.2 milligrams of fluoride per litre (mgF/l) is lethal to 50 per cent of salmonids (rainbow trout). In Washington I State, it was found in a field study on the Columbia River that fluoride levels above 0.2 mgF/l inhibited migration of Chinook and Coho salmon and caused losses of up to 55 per cent (Damkaer and Dey, 1989). Concentrations of fluoride from cities fluoridated at the .optimallevei" of 0.7 , to 1.2 mgF/l exceed this "critical" concentration in surface run-off and sewage I effluent. Yet fluoridation as a factor in the "critical habitat" of endangered I salmonids is not discussed. Fluoride deserves to be called "the protected pollutant." ~ Warrington. 1990 drinking \,'Jter Of to toothpaste. In '.;t.1\' Zealanli, Coiquhoun also obserwd that ,'aries reduction was tak- ing place beiore the introduction of tluoridation or tluoride toothpaste. In the U.S,. international fluoride authoritl' John Yiamouyiannis ana- II'zed the 1986 to 1987 :-;ational Sur- I'e\" oi 1Q,2n~ L".S, schoolchildren aged :) to 1:--. It "h\)\\'ed flO diff"r!rel1ce in the del.'J\" [.It('\ l"::- :)dI1lJllcnt teeth or the per(dltJg(' l':- ...~L'cJy.free children in i1uorlJatfd. partlalh' iluoridated or non-tluoridatcd areas, F.ejerskO\' sbol\'ed in 1990 tbat fluo- ride ingested [w children during the pre- eruplil'e pha", results in improper calci- ncation oi elumei and makes teeth more Sll'\(,:cpriblt- to l'.;rit'.'i. The same year, Thyl- strup 'note th: only topical tluoride can be con:sidt're~ useful - not to prevent carib but to "ri"mineralize" teeth con. siderrJ likdl :,' de\'eIop 'caries, In 1977. SjJ\"t;,r50~, 'Ill' 11,:....: shO\\.n tl1at topical fluo- ride "J\ onh \lightly more efiective than sali,'a ior -remineralization.. In 1991. Dr. Christopher Clark, \pokoperson ior the Canadian Dental ,-\ssociJtion ,~~D.-\1. wrote in the CDA !ollnLl/: "The tr~ditional thinking about the W<)\' tluoooes prevent dental caries has changed.._ the primary effect oi Ou- oridn is. post~ruptive. and more thera- ~:~ peutic than preventive." Does this mean the CDA will soon abandon, its support of fluoridation? Don't bet on it! Harmful Effects of Fluoride There is no benefit from fluoridation; is there evidence of harm? Even as far back as 1917, Kaj Roholm had described the devastating effects of fluoride on teeth and the skeletal, gastrointestinal, neurological and cardiovascular svstems oi Danish workers exposed to the dust oi cryolyte, an ore containing Ouoride. He found that infants could develop crippling dental and skeletal disease from fluoride in breast milk. Toxic effects of fluoride reported before 1972 included tumour forma- tion in mice and genetic damage to plants and insects. Other leading adverse effects are as follows: . Birth defects. In the 1950s, lonal Rapaport showed that the incidence 01 Down's Syndrome is higher in fluoridated areas. , Dental fluorosis. Whitford stated in 1989 that 0.75 to 1.0 mg of Ouoride a day is sufficient to cause this dis- ease, characterized by mottling and softening of tooth enamel. Total flu- oride intake of children living in Ou- oridated areas exceeds this. Up to 60 VITA-SPELT ~ PASTA Something new from something old. Purity Foods introduces VlTfI-SPELT. pasta. Made from Spelt, a grain with a 9000 year old history. our pasta is a new approach to pUlling a healthy. delicious and nUlritious meal on your table. A great ahemali ve [0 common wheat. VITA-SPELTe pasta fuels your energy reserves with a high level of complex carbohydrates. B vitamins. the eight essential amino acids. iron and potassium. VITA-5PELTIII is the high octane fuel you need to perform at your maximum efficiency whether at work or play. With its delicious nuny flavor. a package of VITR.oSPELTl!tI pasta goes a long way_ Complerren1 it wilh your favorite sauces. sprinkle it with herbs and cheeses. Its high fiber COntent assures your most hungry guest a salisfying meal. Easy to prepare and elegant 10 serve, VlTA.sPELTe pasta is laday's choice for healthy eating. _Purity Foods Inc. . :!871 W. Jollv Road I · Okcmos. MI4&s6-1 USA Ph. (517) 351-9231 Now avaibNe ~ tellet natural rood stores ~vc:rywhtt\:_ !"'It. lull" 199-1 . 1>d:\(' 9 per cent of Canadian children exhibit dental fluorosis, a visible sign of fluoride poisoning. . Skeletal fluorosis. This cripples ,...thousands in India, where high nat- "ural fluoride levels are found in soft water. An early symptom is back stiffness. Later, x-rays show abnor- mal calcium deposits in bone and ligaments. Finally, bony outgrowths may occur in long bones, and the spinal cord may be compressed by overgrowth of vertebrae. In 1991, S.P.S. Teotia wrote that the continu- ous intake of more than 2.5 mg of fluoride per day for more than six months deposits more than 4,000 to 6,000 parts per million (ppm) of flu- oride in the skeleton and causes detectable x-ray changes of fluorosis. This level of total fluoride is reached by children residing in fluoridated areas and is exceeded by adults. . Hip fractures. Five studies pub- lished since 1990 have shown a rela- tionship between residence in a flu- Camomile makes wrinkles almost disappear " '. ., An historic study was recently .Ll.conducted in Europe. A group of women whose skin had been damaged by harmful ultraviolet rays of the sun applied our CAMoCARE Faciai Therapy containing a special patented Camomile. In just 3 days, a dramatic smoothing effect occurred with a visible reduction of the fine lines and wrinkles caused by the UV rays. In just 7 days, the skin returned to its healthy, radiant look. This luxurious facial cream does more than moisturize. Ir soothes and relaxes the skin- dramatically reducing appearance of lines and wrinkles caused by sun damage. CAMOCARE is now availabie at leading health food stores every- where-such as your local store listed on this magazine <:over. For more intonnation call 1-800-CAMOCARE, EXT.117 or PURITY LIFE HEALTH PRODUCTS 1-519-853-3511 or CHRISTMAS NATURAL FOODS 1-604-591-8881 camocare" SKIN SMOOTHING CAMOMILE Page 10 . /une / !lIly 1994 oridated area and hip fractures J the e.lderly. In 1992 in Utah, Christa Damelson showed a signifiCal increased risk in both men (41 p cent) and women (27 per cent). . Cancer. After a COmparative stU) based on 18 million people in large U.S. cities, Burk an Yiamouyiannis showed that there are 10,000 to 20,000 excess canc. deaths annually in residents of fIu ridated areas. The U.S. National Toxi- cology Program (NTP) was orderJ by Congress in 1977 to carry out a mal studies of the cancer potential fluoridated water. In 1989, the Nl'P completed one of its major studies. number of cancers were identified . experimental animals (rats and mice). Noteworthy was the discove of a dose-related high incidence i male rats of a rare bone cancer, osteosarcoma. R.N. Hoover and 0 - ers in 1991, and P.O. Cohn in 199 teported an increase in osteosarco in young men under 20, with the highest incidence in fluoridate areas. Yiamouyiannis confinned . 1993 that the bone cancer rate is SO per cent higher for young me living in fluoridated areas. . Other adverse effects. The literatu has also reported goitre; anemia; sensitivity reactions; and inhibitio of the immune system. Fluoridation is also associated with increased lead levels in tap water sometimes as much as SO per cent These recent findings arose followin analyses of water supplies in Tacom Washington, and Thurmont, Mary land. Lead is one of the most toxi metal contaminants. It accumulates it! the body and excess levels can damag vital organs, including the brain. Chi! dren are especially susceptible to lead toxicity. Both lead and arsenic ar contained in small amounts in th waste products used for fluoridation. However, it is thought that most of the increase is caused by f1uorid leaching the metal from taps an water-line fittings. How to Combat Auoride It is clear that if we use the analogy of a balance, the risks of fluoridation out- weigh any possible benefit. Is fluorida- tion a fraud? "Benefits" are a deception; 11S..\1111~ I the risks may be calamitous; and the Recommended Reading rides in Different European Caun. true object of fluoridation is to serve Kennedy, D. How to Save Your Teeth, Toxic tries." I. Dent. Res., 1990;69 (spec I the waste disposal needs of industry. Free Preventive Dentistry. Delaware, Ohio: issue):728.732. . Fluoridation fits the definition of Health Action Press, 1993. Rapaport, I.. flContribution a I'etude eti- pious fraud: "deception for what is con. ;if., Martin, B. !i<:ientific Knowledge in Conttoversy, ologiqu<1Wlu mongolisme: Role des the Social Dynamics of the Fluoridation inhibiteurs eniymatiques.11 Encephale, I sidered a good object." Is the "good Debate. New York: State University of 1957;46:468.481. object" dental health or something New York Press, 1991. Roholm, K. "Fluoride intoxication, A Clini. else? Who decided? Stewart, J.C. Drinking Water HQZi/rds; Envi. cal.Hygienic Study." H,K, Lewis & Co, Consumers,. health professionals ronographics. Hiram, Ohio, 1990. Ltd., London, 1937. Silverstone, L.M. "Remineralization Phe- 1 and government agencies, established Waldbolt, G.L., Burgstahler, A.W. and nomena. " Caries Res., to protect the public, have all been McKinney, H.L. Fluoridation, the Great 1977; 11 (supp, 1 ):59.84. either misled or coerced. Dilemma. Lawrence, Kansas: Coronado Sutton, P.R.N. "Fluoridation, Errors and 1 What can we do? Practise common Press, 1978. Omissions in Experimentai Trials." Mel- sense methods of dental hygiene. Yiamouyiannis, J. Fluoride The Aging Factor bourne University Press, 1959. (3rd ed.). Delaware, Ohio: Health Action Ensure a proper diet. Remove fluoride Press, 1993. Teotia, S.P.S, "Endemic Fluoride: Bones and from water by reverse osmosis, distilla. Teeth - Update." Ind. I. Environ. Toxico/. I tion and special filtration methods. References 1991;1,1:1-16. Thylstrup, A. "Clinicai Evidence of the Role Refuse fluoride treatments. Use non- Clark, D.C. "Appropriate Use of Fluorides in of Pre-eruptive Fluoride in Caries Preven- fluoridated toothpaste, available from the 1990s." Can. Dent. Assn. ,., tion." ,. Dent. Res., 1990 (spec. I health food stores. Lobby for labelling 1993;59,3:272-278. issue): 742-750. of foods for fluoride content. Pressure Cohn, P.D. "A Brief Report on the Associa. US. Dept. of Health and Human Services, manufacturers of toothpaste and tion of Drinking 'Nater Fluoridation and PHS. "Review of Fluoride Benefits and the Inddence of Osteosarcoma Among Risks," Feb. 1991. 1 mouthwash to remove fluoride from Young Males." EllS, New Jersey Dept. of Warrington, P.D. "Ambient Water Quality their products. Educate your family, Health, Nov. 8, 1992. Criteria for Fluoride; Technical Appen- friends, doctor, dentist and members Colquhoun, J. "Fluorides and the Decline in dix," Ministry of Environment, Province of the federal and provincial legisla- Tooth Decay in New Zealand." Fluoride, of British Columbia, 1990. I tures. Form or join networks to ban 1993;26,2: 125-134. Whitford, G.M. "The Metabolism and Toxi- fluoridation. The victims can bring the Damkaer, D.M. and Dey, D.B. "Evidence for city of Fluoride;" Monographs in Oral fraud to an end. Fluoride Effects on Salmon Passage at Science, Karger, 1989; No. 13. the John Day Dam, Columbia River, Yiamouyiallnis,). "Water Fluoridation and I Resources 1982-1986: North Am.'. Fishetres Mgmt., Tooth Decay: Results from the 1986- 1989;9:154-162. 1987 National Survey of U.S. School- If you'd like to know more about the Danielson, c., Lyon, JoL, E&ger, M. and Good- children: Fluoride, 1990;23,2:55-67. I dangers of fluoride, check out the enough. G.K. 'Hip Ftactures and Huorida- Yiamouyiannis, J. 'Fluoridation and 'Can. books and studies listed below or con- lion in Utah's FJdedy PopuIatioo." J. Am. re." Fluoride, 1993;26,2:83.96. tact one of the following organizations: MeJ. Assn., 1992;268,6:746-748. Yiamouyiannis, }. and Burk, D. "F1uorida- . Health Action Network Society Dean, H.T. Testimony: City of Oroville vs. tion and Cancer, Age-dependence of 1 (HANS), (604) 435.0512 or write California Water Service Co., Oct. 21, Cancer Mortality Related to Artifidal Flu. 1955 and Schuringa et al. vs. City of oddalion." Fluoride, 1977;10,3:102-123. #202, 5262 Rumble Street, Burnaby, Chicago, May 13, 1960. Ziegelbecker. R. "Fluoridated 'Water and B.C. V5J 2B6. This association offers Diesendorf, M. 'The Mystery of Declining Teeth." FluQride, 1981;14,3:123-128. I books, a selection of videos impli- Tooth Decay: Nature, 1986;322:125-129. eating the health risks associated Fejerskov, 0., Manji, F. and Baelum, V. Richard Foulkes is a practising physician with fluoride, as well as six detailed "The Nature and Mechanisms of Dental and private consultant in health services Fluorosis in Man." ,. Dent. Res., 1990;60 1 information packages on fluoride (spec. issue):692.700. in Abbotsford, B.C. He served as spedai for 520 apiece. You can also phone Foulkes, R.G. "Health Security for British consuItallt to the Minister of Health for HANS ,,~th any questions you have Columbians: 1973, 2 vols., B.C. Gov- British Columbia from 1972 to 1975, about fluoride. emment Printer. durillg \Vhich time he \Vas commissioned I' . Consumer Health Organization Foulkes, R.G. "Case Report: Mass FlUOride by the B.c. government to study the entire of Canada, (416) 2~2-6S17 or write Poisoning, Hooper Bay, Alaska." Fluoride, health care system alld recommend 250 Sheppard Avenue East, Suite 1994;27,1:32-36. improvements. From 1973 to 1976, Dr. Heifetz, S.B. and ,Horowitz, H. "The 1 205, Box 248, WilJowdale, Onto Amounts of Fluoride in Current Fluoride Foulkes \Vas appointed clinical assistant M2N 559_ Consumer Health is Therapies: Safety Considerations for profe5S()r, Department of Health Care and offering publications by interna- Children: ,. Dent. Children, July-Aug., Epidemiology, University of British tional fluoride authority Dr. John 19B4:257-269. Columbia. He was elected Fellow of the I Yiamouyiannis. The cost is 51.75 Hoover, R.N., Devesa, S., Cantor, K. et aJ. American Public Health Association in for his brochure Lifesavers Guide to 1990: "TIme Trends for Bone and Joint 1970 "ill recognition of superior profes- Cancers and Osteosarcomas." USPHS Fluoridation and 520 (add 53.50 Review of Fluoride Benefits and Risks, siollal stature and rommunity leadership. " 1 shipping plus GST) for his book Feb. 1991. Dr. Foulkes has published more than 46 Fluoride T7Ie Aging Factor (see review Kalsbeek, H. and Verrips, G.H.W. "Dental articles on various aspects of the heaIth in this issue). Caries Prevalence and the Use of Fluo- care delivery system. I ~~ 'une / filly 1994 . Page I I "-;~:o~:'~;;~17.:0J)"!!e'lii-:l.t:'''''-;J:l'''''''''' . Toxic Effects of Fluoride ... More and more people have become concerned about the toxic ,effects of fluoride. Originally promoted as a pre- ventative measure for dental carries and introduced into our drinking water in the early 1950s, fluoride has become a very controversial topic. It now appears that whatever benefits (if any) we might see in dental health are being greatly offset by the multitude of cancers and the many side effects discovered from fluoride poisoning. We are exposed to the carcinogen, fluoride, in a variety of forms. In Canada about 50 per cent of our water is fluoridated. (Contact your water works department to find out if fluo- ride is used in your community.) We also find the chemical in such prod- ucts as: preservatives, insecticides, fungicides, rodenticides, electroplat- ing, glass, enamels, electronics, lasers, fluxes. ceramics, lubricants, concrete hardeners, and water-proofing materi- . ~ also In addition, processed foods made with fluoridated water, (e.g. beer, soft drinks, reconstituted fruit juices, canned goods, spaghetti, and dry cere- als), as well as food cooked with fluo- ridated water and fluoridated tooth- paste are common household sources. Fluoride is also in mouthwashes, and may be applied directly to your teeth in a fluoridated paste form used by some dentists. Each time fluoridated toothpaste is used, some fluoride is ingested - usu- ally between 1/4 and 1 milligram. In his book "Fluoride, the Aging Factor" Dr. John Yiamouyiannis warns that a 7 ounce tube of fluoridated tooth- paste, if ingested, is toxic enough to kill a small child! It is difficult to understand why we, as a society, continue to allow a substance like fluoride to be used when there is so much evidence that links it to genetic damage, birth defects, cancer - that demonstrates that it inhibits DNA, interferes with enzymes, depresses the immune sys- ~ fROM THE CRADLE OF CIVILIZATION, AN ANCIENT, NUTRITIOUS FOOD IS REDISCOVERED. ;J: Inln"hJI'il1~ tilt' Iwwt'sl. llW:o;t uniqur ~n"t"1l fOOlI arailahle! + iOO\ juice: NO filleri, binders, slanhesor dexlrins. + bnomicol and price compelitive alllpprox.imately 3.3 renls per servings; 90, llablespoon 5er'ofings ;te[oootainer + JIon.jloI1eurized: relaim the "live' quat~ies allhe _. minero. and euzymes. + IWy two ,xd...". h~h.palen<y. hiQh-energy iogiedieu~: 65% Kamullpr.... Dnd"35% aItoHa. . De1Daus and ronvenienl; fe<gnstilules in water mmixwithjuice. + lilO% re<y(~h~ packaging. . 1m excellent IOOrce 01 green p.i<e locIOO: pr- _rwith on ins1Ol1I. easy-I"'" green lood, . ~(ertilied Organ.. /'.I.~(," . 1)(0(('/1/1." /99,'j / 1"""(11)" /994 Instant. 100% dried jllir'e of Kamut@ sprout' and alfalfa r tablespoon Green Kamut = r oz. fresh wheat grass ;uice = 22 az, fresh vegetables Ask for GREEN KAMU-r' at your health food store. Imported bv Artesion Arres R.R. 3, Larombe, Alberto TO( 150 (01l403.782.S()7S or 416.889.9201 I tem, causes mottling of teeth, wrin- kled skin, kidney and bladder disor- ders, vomiting - and the list goes on. Fluoride has been banned in 10 European countries and many American states. The U.S. Public Health Service in 1991 reported on the risk of cancer, bone tumours, bone fractures and genetic mutations I from fluoride poisoning. America~' statistics report "30,000 to 50,00 excess deaths are observed in th United States each year in areas which add 1 part per million fluoride to t:J ,drinking water." (Yiamouyiannis) Since over 90 per cent of all treat water is used for purposes other thaJ drinking, government expenditure i terms of fluoridation is completel unwarranted. In the Toronto area over $350,000 is spent each year for thl chemical. The fact that fluoride is NO in any way essential to human health must also be noted. Its addition t, drinking water is solely for the que tionable control of dental caries an should be challenged by each of us. Help Is On The Way - and You're It! I The long term outlook is com plica First we must look closely at the wa \\'e liw and then decide upon hO"1 can reliu((' tile endrontllental im \\.t,' make on this earth. rrom the re tion of over-packaged goods to chanl ing our meat based diets towards a I etarian lifestyle. We must lobby politicians to implement environmel tall\' sustainable systems in our inl tries and in our society. Onlv toge as a concerned and active commu r can we e\'er hope to change our J' dards and improw not only our supph' but so much more. I k thes.e are broad and general statemen' but the\' are the essential outline I healthier future. Continued 011 POI I ~~ I I I I I I I I I I I I I I I I I _eJ/a;r;'gl';;n ONTARIO REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 10, 1997 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 3,1997 RECOMMEN DA TIONS: 1. RECEIVE FOR INFORMATION a) Report TR-14-97 Mayor & Councillor's Remuneration & Expenses for 1996 b) Report ADMIN-6-97 Safe Community Foundation 2. REZONING - WEST BOWMANVILLE DEVELOPMENTS LTD. THAT Report PD-27-97 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by West Bowmanville Developments Ltd. be referred back to Staff for further processing; and THAT all interested parties listed in Report PD-27-97 and any delegation be advised of Council's decision. 3. REZONING AND PLAN OF SUBDIVISION - BAYLY HOLDINGS INC. THAT Report PD-28-97 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; THAT the application for the proposed draft plan of subdivision submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; CORPORATION OF THE MUNICIPALITY OF CLARINGTON -'0 TEMPERANCE STREET. BQWMANVllLE .ONTARIO .LtC 3A6' (905)623.3379. FAX 623-.'59 @ IIlefCt.t:o,.".... Report #1 - 2 - February 24, 1997 THAT, within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; iii) a copy of all written submissions received by the Municipality; iv) a list of all persons and public bodies, including their mailing addresses, who made oral submissions at the public meeting or written submissions; and THAT all interested parties listed in Report PD-28-97 and any delegation be advised of Council's decision. 4. REZONING AND PLAN OF SUBDIVISION - lANE AND CHARLES ROWE THAT Report PD-29-97 be received; THAT the proposed Zoning By-law Amendment and the Plan of Subdivision application which were reviewed in consideration of Council Resolution #C-780-89 and it was deemed that the proposed Plan of Subdivision would not impact on the future alignment of the Adelaide Avenue extension, be approved; THAT the proposed Plan of Subdivision 18T-96002 revised and dated February 21, 1997, as per Attachment No.2 to Report PD-29-97 be approved subject to the conditions of Draft Approval contained in Attachment No.3 to Report PD-29-97; THAT the Mayor and Clerk be authorized, by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT an amendment to Zoning By-law 84-63 be forwarded to Council for approval to remove the Holding (H) Symbol at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Report #1 - 3 - February 24, 1997 THAT a copy of Report PD-29-97 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-29-97 and any delegation be advised of Council's decision. 5. MONITORING THE DECISIONS OF THE COMMITTEE OF ADIUSTMENT THAT Report PD-30-97 be received; THAT Council concur with the decisions of the Committee of Adjustment made on February 13, 1997; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. 6. MUNICIPALITY OF CLARINGTON TREE PRESERVATION BY-LAW THAT Report PD-31-97 be received; THAT the Municipality of Clarington Tree Preservation By-law, attached to Report PD-31-97, be adopted; THAT Staff be authorized to provide Public Notice of the adoption of the Tree Preservation By-law in appropriate newspapers; THAT Staff be further authorized to initiate discussions with the Central Lake Ontario Conservation Authority regarding the appointment of Authority Staff as Officers for the purposes of the Tree Preservation By-law; and THAT all interested parties listed in Report PD-31-97 and any delegation be advised of Council's decision. 7. ADULT ENTERTAINMENT PARLOURS - LAP DANCING THAT Report CD-12-97 be received; THAT the by-law attached to Report CD-12-97 be forwarded to Council for approval; and THAT Katharine Goldberg, the Castle Hotel, the Tanglewood, Port Darlington Marina, Busters and the Regional Police Services be advised of Council's decision and forwarded a copy of the by-law. Report #1 - 4 - February 24, 1997 8. TAX CERTIFICATE FAX BACK SYSTEM THAT Report TR-11-97 be received; THAT in order to provide an improved level of service option to tax certificate customers, Council approve a charge of $45.00 for tax certificates provided via a fax back service, with the fee for the current service remaining at $25.00 for 1997 and $55.00 and $35.00 respectively for 1998; THAT the appropriate By-Law be forwarded to Council; THAT a fee be established for tax receipts issued at other than the time of payment at$5.00 effective June 1, 1997 and $7.00 effective January 1, 1998, with the appropriate By-Law forwarded to Council; THAT the Mayor and Clerk be authorized to execute an agreement with Synamics Inc. for the provision of a tax certificate fax back system; and THAT the appropriate By-Law be forwarded to Council with the agreement attached as Schedule "A" of the By-law. 9. REQUEST TO M.T.O. FOR REMOVAL OF PREMIUM FEE CHARGED TO G.T.A. AREA DRIVERS WHEREAS the Ministry of Transportation charges a premium on drivers' licence fees and vehicle licence fees for residents of the Greater Toronto Area above the fees for the rest of the province; AND WHEREAS this additional premium was intended to offset the higher cost of road construction and repairs in the GTA being subsidized by the Ministry of Transportation; AND WHEREAS subsidies are no longer being provided to GTA municipalities for road construction and maintenance; NOW THEREFORE BE IT RESOLVED that the Ministry of Transportation for the Province of Ontario be requested to remove the premium charged to GTA residents for drivers' licences and vehicle licences and that the fee be reduced to a uniform provincial rate; and THAT John O'Toole, M.P.P., Premier Mike Harris, other GTA municipalities, M.P.P.'s of Durham Region and local newspapers be advised of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Report #1 - 5 - February 24, 1997 10. ASSUMPTION OF VARIOUS ROAD WIDENINGS AND RESERVE BLOCKS THROUGHOUT THE MUNICIPALITY THAT Report WD-l 5-97 be received; and THAT Council approve the by-laws attached to Report WD-15-97 assuming various road widenings and reserve blocks as public highways. 11. OFFER TO DONATE BENCH AT BOWMANVlllE CEMETERY - GREENfFlINTOFF THAT Report WD-16-97 be received; THAT the request for permission to donate a park-style bench at Bowmanville Cemetery be granted; THAT the style, location and installation of the bench be subject to the approval of the Director of Public Works; THAT cemetery staff install the bench at a cost of $224; and THAT Dave and Marilyn Green and Linda Flintoff be advised of Council's decision and thanked for their generous donation by a letter from Mayor Hamre on behalf of all Members of Council. 12. BY-LAW LIMITING VEHiClE ON BRIDGES THAT Report WD-17-97 be received; THAT all bridges within the Municipality of Clarington deemed to require regulatory maximum weight signing according to engineering inspections be posted and approved by by-law; THAT the by-laws attached to Report WD-17-97 be passed by Council; and THAT the following be forwarded to the Ministry of Transportation for their consideration and approval: . a copy of Report WD-17-97, . three (3) certified copies of the approved by-laws, and . a copy of the Bridge Inspection Report, which includes the detailed reports and coiour photographs. Report #1 - 6 - February 24, 1997 13. JOINT HEALTH AND SAFETY POLICY AND PROCEDURE THAT Report ADMIN-7-97 be referred back to Staff to review the issue of carpet flooring on the first floor of the Municipal Administration Centre. 14. ACTIONS - "ClOSED" MEETING THAT the actions taken at the "closed" meeting be confirmed. I I I I I I I I I I I I I I I I I I I I I I I I THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL I I Present Were: Also Present: DECLARATIONS OF INTEREST MINUTES Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 3, 1997 at 9:30 a.m., in the Council Chambers. Mayor D. Hamre Counciilor A. Dreslinski Councillor C. Eiliott Councillor L. Hannah Councillor M. Novak Counciilor P. Pingle Counciilor D. Scott Chief Administrative Officer, W. Stockwell Director of Community Services, j. Caruana (Until 10:45 a.m.) Fire Chief, M. Creighton (Until 10:45 a.m.) Treasurer, M. Marano Director of Public Works, S. Vokes (Until 10:45 a.m.) Director of Planning and Development, F. Wu (Until 10:45 a.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. There were no declarations of interest stated for this meeting. Resolution #GPA-93-97 Moved by Councillor Hannah, Seconded by Councillor Pingle March 3, 1997 THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 17, 1997, be approved. "CARRIED" G.P.& A. Minutes I - 2 - I " March 3, 1997 I DELEGATIONS ;::i PUBLIC MEETINGS (a) Libby Racansky, 3200 Hancock Road, Courtice, L1E 2Ml - circulated a copy of her presentation dated March 3, 1997 and made the following comments pertaining to Report PD-29-97: I I . suggested that lots 7, 8, 9 and 10 of the proposed Plan of Subdivision be set aside to preserve the trees on the lot; . questioned conformity to the Regional Official Plan; and . questioned the negative impact that small and large scale developments will have on the whole eco-system. I Ms. Racansky noted the following points pertaining to Report PD-31-97- Tree Preservation By-law: I . the definition of a woodlot should be broken down to 0.25 hectare; . suggested that the protection of the Courtice and Trulls Woods be included in the by-law in order to preserve this corridor; . questioned how section 7.2.1 (iii) will be controlled/monitored; . suggested the implementation of a "per tree" charge upon approval of the application to cut trees; and . requested Members of the Committee to consider the establishment of an Environmental Steering Committee. I I I (b) Bob Annaert, D.G. Biddle & Associates, 96 King Street East, Oshawa, L 1 H 1 B6 - expressed support for the recommendations contained in Report PD-29-97 and advised that Mrs. Racansky's concerns have been addressed during the application process. I (c) Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 1J9 - re: Report PD-31-97 - requested a written response pertaining to the following: I . does the amount of $10,000 as a maximum fine vary for a developer vs. an individual? . Section 3.2 (ix) examples of how the exemptions apply if works are undertaken by the Municipality or the Regional Municipality of Durham; and . why the Oak Ridges Moraine was not included as part of the areas to be protected under this by-law. I I I Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its Generai Purpose and Administration Committee, is holding a Public Meeting for the following applications: I I (a) Proposed Zoning By-law Amendment- Part Lot 16, Concession 1, former Township of Darlington - West Bowmanville Developments Ltd. I I I I G.P.& A. Minutes I - 3 - March 3, 1997 I PUBLIC MEETINGS CONT'D. I I '. I (b) Proposed Zoning By-law Amendment - Part lot 16, Concession 1, former Township of Darlington - Bayly Holdings Inc. The Deputy Clerk advised that public notices were sent for the rezoning application and the proposed plan of subdivision application by first class mail on or before February 3, 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 site prior to February 3, 1997. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-27-97 - West Bowmanville Developments Ltd. - the purpose of the application is to rezone the subject lands to an appropriate zone to permit reduced front yard setbacks of 2 metres and side and rear yard setbacks of 3 metres. Ray Hotto!, 71 Fry Cres., Bowmanville, l1C 4Y3, circulated a copy of his letter dated March 3, 1997 wherein he expresses the following concerns: . purchasers of these homes were advised that the developer had no intention of developing this site; . if the proposed set-back is approved, the houses will be so close to the existing homes that they will impede the sunlight; . additional noise; and . deval uation of homes. Mr. Hottot circulated letters from the following individuals who have concerns regarding this application: Wade Rowley, 63 landerville lane, Bowmanville, llC 4Y1; Robert and Karen Hollinger, 70 Fry Cres., Bowmanville, L1C 4Y3; Y. Hilts, landerville lane, Bowmanville; Kerry and Barbara lewis, 75 Fry Cras., Bowmanville, l1 C 4Y3; and Rob Conquer, 79 Fry Cres., Bowmanville, L1 C 4Y3. Samantha Nelson, Aspen Springs Community Association, 77 Bonnycastle Drive, Bowmanville, l1C 4S9, stated that she would like the opportunity to review the plans for what is proposed to be developed to the south of the Aspen Springs Development. G.P.& A. Minutes - 4 - March 3,1997 PUBLIC MEETINGS CONT'D. No one spoke in support of the application. Kelvin Whalen, 1029 McNicoll Ave., Scarborough, M1W 3W6, advised Members of the Committee that the applicant is seeking zoning relief for the parcels on the north and south of the Aspen Springs strictly as a matter of convenience. To alleviate the concerns of the existing residents, he advised that the applicant is willing to respect the 7.5 metre set-back for the blocks on the east and the south. He advised that there is no definite site plan intentions at this time for the southern site. He stated that the applicant will confer with members of the Aspen Springs Community Association before proceeding with development of the southern site. (b) Report PD-28-97 - Bayly Holdings Inc. - the purpose of the application is to rezone the property to appropriate zone categories to permit the development of a plan of subdivision containing 52 single family dwellings; 71 semi-detachedllink lots (142 units); 90 on street townhouse units; 75 stacked townhouse/low rise apartment units and blocks for park, school and neighbourhood commercial uses. No one spoke in opposition to or in support of this application. Glen Genge, The Greer Galloway Group Inc., 973 Crawford Drive, Peterborough, K9V 3X1, noted concurrence with the contents of Report PD-28-97 and advised that the applicant will address all of the requirements of the Municipality of Clarington. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning West Bowmanville Developments Ltd. D14.DEV.96.067 Resolution #GPA-94-97 Moved by Mayor Hamre, seconded by Councillor Novak THAT Report PD-27-97 be received; THAT the appl ication to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by West Bowmanville Developments Ltd. be referred back to Staff for further processing; and THAT all interested parties listed in Report PD-27-97 and any delegation be advised of Council's decision. "CARRIED" I I I I I I I I I I I I I I I I I I I I I I I I G.P.& A. Minutes - 5 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Rezoning and Plan of Subdivision Bayly Holdings Inc. D14.DEV.97.002 D12.18T.96014 Resolution #GPA-95-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Report PD-28-97 be received; I THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; THAT the application for the proposed draft plan of subdivision submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; THAT, within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; iil a copy of the minutes of said meeting; Iii) a copy of all written submissions received by the Municipality; iv) a list of all persons and public bodies, including their mailing addresses, who made oral submissions at the public meeting or written submissions; and THAT all interested parties listed in Report PD-28-97 and any delegation be advised of Councii's decision. "CARRIED" Rezoning and Plan Resolution #GPA-96-97 of Subdivision Jane & Charles Rowe Moved by Mayor Hamre, seconded by Councillor Hannah D14.DEV.96.007 012.1 8T.96002 THAT Report PD-29-97 be received; THAT the proposed Zoning By-law Amendment and the Plan of Subdivision application which were reviewed in consideration of Council Resolution #C-780-89 and it was deemed that the proposed Plan of Subdivision would not impact on the future alignment of the Adelaide Avenue extension, be approved; G.P.& A. Minutes - 6 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. THAT the proposed Plan of Subdivision 18T-96002 revised and dated February 21, 1997, as per Attachment No.2 to Report PD-29-97 be approved subject to the conditions of Draft Approval contained in Attachment No.3 to Report PD-29-97; THAT the Mayor and Clerk be authorized, by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT an amendment to Zoning By-law 84-63 be forwarded to Council for approval to remove the Holding (H) Symbol at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT a copy of Report PD-29-97 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-29-97 and any delegation be advised of Council's decision. "CARRIED" Monitoring the Decisions of the Committee of Adj ustment D13.CO. Resolution iiGPA-97-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT Report PD-30-97 be received; THAT Council concur with the decisions of the Committee of Adjustment made on February 13, 1997; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. "CARRIED" Municipality of C1arington Tree Preservation By-law Resolution iiGPA-98-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT Report PD-31-97 be received; THAT the Municipality of Clarington Tree Preservation By-law, attached to Report PD-31-97, be adopted; I I I I I I I I I I I I I I I I I I I I I I I II I II I 1 ~ G.P.& A. Minutes - 7 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. CLERK'S DEPARTMENT Adult Entertainment Parlours - Lap Dancing THAT Staff be authorized to provide Public Notice of the adoption of the Tree Preservation By-law in appropriate newspapers; THAT Staff be further authorized to initiate discussions with the Central Lake Ontario Conservation Authority regarding the appointment of Authority Staff as Officers for the purposes of the Tree Preservation By-law; and THAT all interested parties listed in Report PD-31-97 and any delegation be advised of Council's decision. "CARRIED" Councillor Pingle chaired this portion of the meeting. Resolution #GPA-99-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report CD-12-97 be received; THAT the by-law attached to Report CD-12-97 be forwarded to Council for approval; and THAT Katharine Goldberg, the Castle Hotel, and the Tanglewood be advised of Council's decision and forwarded a copy of the by-law. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-l00-97 Moved by Mayor Hamre, seconded by Councillor Scott THAT the foregoing Resolution #GPA-99-97 be amended by adding the following wording to the third paragraph: "Port Darlington Marina, Busters and the Regional Police Services". "CARRIED" The foregOing Resolution #GPA-99-97 was then put to a vote and CARRIED AS AMENDED. G.P.& A. Minutes - 8 - March 3, 1997 I I I I I TREASURY DEPARTMENT Tax Certificate Fax Back System ., Confidential Report TR-13-97 Mayor & Councillors' Remuneration & Expenses for 1996 Councillor Novak chaired this portion of the meeting. Resolution ItGPA-101-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Report TR-11-97 be received; I THAT in order to provide an improved level of service option to tax certificate customers, Council approve a charge of $45.00 for tax certificates provided via a fax back service, with the fee for the current service remaining at $25.00 for 1997 and $55.00 and $35.00 respectively for 199B; I I I I I I I I I I I I I THAT the appropriate By-law be forwarded to Counci I; THAT a fee be established for tax receipts issued at other than the time of payment at $5.00 effective June 1, 1997 and $7.00 effective january 1, 1998, with the appropriate By-law forwarded to Council; THAT the Mayor and Clerk be authorized to execute an agreement with Synam ics Inc. for the provision of a tax certificate fax back system; and THAT the appropriate By-law be forwarded to Council with the agreement attached as Schedule "^" of the By-law. "CARRIED" Resolution ItGPA-102-97 Moved by Councillor Elliott, seconded by Councillor Pingle THAT Confidential Report TR-13-97 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Resolution ItGPA-103-97 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Report TR-14-97 be received for information. "CARRIED" I II I' II ~I , I 11 I G.P.& A. Minutes - 9 - March 3, 1997 TREASURY DEPARTMENT CONT'D. Request to M.T.O. Resolution #GPA-l04-97 for Removal of Premium Fee Charged Moved by Mayor Hamre, seconded by Councillor Hannah to G.T.A. Drivers WHEREAS the Ministry of Transportation charges a premium on drivers' licence fees and vehicle licence fees for residents of the Greater Toronto Area above the fees for the rest of the province; AND WHEREAS this additional premium was intended to offset the higher cost of road construction and repairs ,in the GT A being subsidized by the Ministry of Transportation; AND WHEREAS subsidies are no longer being provided to GT A municipalities for road construction and maintenance; NOW THEREFORE BE IT RESOLVED that the Ministry of Transportation for the Province of Ontario be requested to remove the premium charged to GTA residents for drivers' licences and vehicle licences and that the fee be reduced to a uniform provincial rate; and THAT John O'Toole, M.P.P., Premier Mike Harris, other GTA municipalities, M.P.P.'s of Durham Region and local newspapers be advised of this resolution. "CARRIED" 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. Councillor Elliott chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Assumption of Various Resolution #GPA-l0S-97 Road Widenings and Reserve Blocks Moved by Councillor Pingle, seconded by Councillor Dreslinski Throughout the Municipality of THAT Report WD-1S-97 be received; and CI ari nglon THAT Council approve the by-laws attached to Report WD-1S-97 assuming various road widenings and reserve blocks as public highways. "CARRIED" G.P.& A. Minutes - 10 - March 3, 1997 I I I I I PUBLIC WORKS DEPARTMENT Offer to Donate Resolution #GPA-106-97 Bench at Bowmanvi lie Cemetery - Moved by Councillor Novak, seconded by Councillor Pingle Green/Flintoff THAT Report WD-16-97 be received; "CARRIED" I I I I I I I I I I I I I I THAT the request for permission to donate a park-style bench at Bowmanville Cemetery be granted; THAT the style, location and installation of the bench be subject to the approval of the Director of Public Works; THAT cemetery staff install the bench at a cost of $224; and THAT Dave and Marilyn Green and Linda Flintoff be advised of Council's decision and thanked for their generous donation by a letter from Mayor Hamre on behalf of all Members of Counci I. "CARRIED" , By-law Limiting Vehicle Weight on Bridges Resolution #GPA-107-97 Moved by Councilior Dreslinski, seconded by Councillor Hannah THAT Report WD-17-97 be received; THAT all bridges within the Municipality of C1arington deemed to require regulatory maximum weight signing according to engineering inspections be posted and approved by by-law; THAT the by-laws attached to Report WD-17-97 be passed by Council; and THAT the following be forwarded to the Ministry of Transportation for their consideration and approval: . a copy of Report WD-17-97, . three (3) certified copies of the approved by-laws, and . a copy of the Bridge Inspection Report, which includes the detailed reports and colour photographs. I I I II i' , ! I I 1 , G.P.& A. Minutes _ 11 _ ADMINISTRATION March 3, 1997 Mayor Hamre chaired this portion of the meeting. Safe Community Resoiution #GPA-l0B-97 Foundation Joint Health and Safety Policy and Procedure UNFINISHED BUSINESS OTHER BUSINESS Moved by Councillor Novak, seconded by Councillor Pingle THAT Report ADMIN-6-97 be received for information. "CARRIED" Resolution #GPA-l09-97 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report ADMIN-7-97 be referred back to Staff to review the issue of carpet flooring on the first floor of the Municipal Administration Centre. "CARRIED" There were no items considered under this section of the agenda. There were no items considered under this section of the agenda. Resolution #GPA-ll0-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the meeting be "closed" for consideration of Confidential Report TR-13-97 pertaining to a personnel matter. "CARRIED" Resolution #GPA-111-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the actions taken at the "closed" meeting be confirmed. "CARRIED" G.P.& A. Minutes ADJOURNMENT - 12 - Resolution itGPA-112-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the meeting adjourn at 10:50 a.m. "CARRIED" March 3, 1997 I I I I I I I I I I I I I I I I I I I ,., Diane Hamre, Mayor Marie P. Knight, Deputy Clerk I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON f,; BY-lAW NO. 97 - 35 being a by-law to prohibit or regulate the destruction of trees in the Municipality of Clarington. WHEREAS Section 223.2 of the MuniciDal Act. R.S.O. 1990, provides Council with the authority to pass by-laws for prolnbiting or regulating the injury or destruction of trees or any class of trees specified in the by-law in any defined area or any class of land, and to require that a permit be obtained for the injuring or destruction of trees specified in the by- law and prescnbing fees for the permit, and to prescnbe conditions under which a permit may be issued; AND WHEREAS Section 4.7.5 of the Municipality of CIarington Official Plan states, that the Municipality will pursue a variety of mechanisms to achieve the preservation of woodlots, including the enactment of a Tree Preservation By-law under the Municipal Act; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: SECl'ION 1 TITLE OF BY-lAW This By-law may be cited as the 'Tree Preservation By-law". SECl'ION 2 DEFINITIONS For the purposes of this By-law, the following definitions shall apply: "APPLICANT' shall mean the land owner who submits an Application under this By-law; "APPLICATION" shall mean the application form to destroy trees attached to this By-law as Schedule "B"; 'CHRISTMAS TREE FARM" shall mean land where coniferous trees are grown and maintained for sale as Christmas trees; ,:'!':., "CLERK' shall mean the Clerk of the Corporation of the Municipality of Clarington; ./ "DBH" shall mean 'diameter breast height', and refers to the diameter of the stem of a tree measured at a point 1.37 metres above ground levet; "DESTROY" shall mean the removal, harm or ruin of trees by cutting, burning, uprooting, chemical application or other means; "DIRECI'OR" shall mean the Director of Planning and Development for the Municipality of Clarington; 'DISEASE" shall mean any disease or injury of a tree that is caused by a vertebrate or invertebrate animal, virus, fungus, bacterium, or other organism, or any combination thereof; "EMERGENCY WORK' shall mean any work necessary to protect lives or property, and may include utility repairs and structural repairs to a building; 'FARM OPERATION" shall mean an agricultural or horticultural operation that is carried on in expectation of gain or reward, and includes the cultivation of land, the raising of 1ivestock, the production of agricultural crops and maple syrup production; 'GOOD FORESTRY PRACfICE" shall mean the proper implementation ofh"",est, renewal and maintenance activities known to be appropriate for the woodlot and the environmental conditions underwhich it is being applied and which minimize detriments to woodlot values, including: significant ecosystems, important fish and Wildlife habitat, soil and water quality and quantity, woodlot productivity and health, and the aesthetic and recreational values of the landscape. Good foreslly practice includes the clearing and thinning of trees for the pUIposes of stimulating tree growth and improving the quality of the woodlot without permanently breaking the canopy; the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees in order to prevent injDlY, damage, contamination or infestation of other trees; and the cutting or removal of trees which no longer contrIbute to the achievement of woodlot values; "HARVESTING" shall mean the destruction of trees and may be either a single cut or a series of cuts, and shall have the same meaning as logging; 'INFESTATION" shall mean an actual or potential infestation or infection by a forest tree pest or pests as defined under the Forest Tree Pest Control Act R.S.O. 1990; "LANDSCAPE FARM" shall mean land where young trees or other plants are grown for transplanting or for sale; "NATURAL AREA" shall mean lands which are intended to remain in their natural state due to the presence of significant or sensitive natural features or functions, and shall include valleylands, ravines and contiguous forested areas, wetlands, and groundwater recharge/diseharge areas; "MUNICIPALITY" shall mean the CoIporation of the Municipality of Clarington; "OFFICER' shall mean an Officer appointed and designated by Schedule 'G" to this By-law; "OFFICIAL PLAN" shall mean the Official Plan of the Municipality of Clar:ington, as amended; "OWNER" shall mean the person identified in the most recent municipal assessment1"oll as the owner of the land subject of an application under this By-law, pursuant to subsection 14 (1) of the Assessment Act R.S.O. 1990; "PERMIT" shall mean the written authorization from the Director to destroy trees as provided in Schedule 'E" to this By-law; "PERSON" shall mean an individual, a COIporation and the heirs, executors, administrators, or other legal representatives of a person to whom the context can apply according to law; 'PERSONAL USE' shall mean the use of destroyed trees by the land owner for such pUIposcs as firewood or lumber, but shall not include the sale of the wood for commercial pUIposcs; 'PROFESSIONAL FORESTER' shall mean a person registered under the Ontario Professional Foresters Association Act 1957; 'SILVICULTURE" shall mean a tree management process which implements good foreslly practices to control the establishment, composition and growth of trees; 'TREE' shall mean any species of single-stemmed perennial woody plant, which has reached or can reach a height of at least 6 metres at physiological maturity; "TREE cumNG CONTRACI'OR" shall mean any person who enters into a contract with the Applicant for the pUlJlOSes of destroying trees; I I I I I I I I I I I I I I I I I I I I I I I I I WOODLOT" shall mean an area having not less than: (i) 400 trees of any size in a 0.4 hectare area; (ii) 300 trees measuring more than 5 centimetres dbh in a 0.4 hectare area; (ill) 200 trees measuring more than 12 centimetres dbh in a 0.4 hectare area; or (iv) 100 trees measuring more than 20 centimetres dbh in a 0.4 hectare area; but shall not include: (v) an orchard, as defined pursuant to subsection 19 (9) of the Assessment Act R.S.O. 1990; I I I I I I I I I I I I I I (vi) a Christmas Tree farm; or (vii) a landscape farm; that is being actively managed and harvested for the pUlposes for which it was planted. SECl10N 3 SCOPE OF BY-LAW 3.1 AREA OF APPUCATION OF BY-LAW The provisions of this By-law shall apply to: (i) (ii) all lands defined as "woodlots" by Section 2 of this By-laW; any tree within lands designated 'Environmental Protection Area" on Map A of the Official Plan; and (ill) any tree within 120 metres of a wetland as identified on Map C of the Official Plan; , located within the area of the Municipality identified on Schedule "A' to this By-law. 3.2 EXEMPrIONS The provisions of this By-Jaw do not apply to: (i) activities or matters undertaken by the provincial or federal government or their agents or Ontario Hydro; (ii) activities or matters authorized under the Crown Forestrv Sustainabilitv Act 1994; (iii) activities or matters prescn"bed by regulation by the Lieutenant Governor in Council; (iv) activities or matters under the Forest Tree Pest Controt Act R.s.O. 1990; (v) activities carried out pursuant to a Certificate issued under the Abandoned Orchard Act. R.S.O. 1990; (vi) activities carried out under the A2l!1'e2ate Resources Act R.S.O. 1990; (vii) waste disposal sites approved pursuant to Part V of the Environmental Protection Act. R.S.O. 1990; (viii) activities undertaken by a public utility pursuant to the Public Utilities Act R.S.O. 1990; (ix) works undertaken by the Municipality or the Regional Municipality of Durham; (x) works authorized under a subdivision or site plan agreement with the Municipality; (xi) activities undertaken by Conservation Authorities on lands owned by the Authority; or (xii) the destruction of trees due to emergency work authorized by the Chief Building Official or the Director of Public Works. 3.3 COMPLIANCE WITH OTHER STATUTES AND BY-lAWS In the event of any conflict between the provisions of this By-law and the provision of a by-law passed under the Trees Act. R.S.O. 1990, the provision that is the most restrictive of the destruction of trees prevails. 3.4 INTERPRETATION In this By-law, unless the context otherwise requires, words imparting the singular number shall include the plural and words imparting the masculine gender shall include the feminine and vice versa. SECI'lON 4 GENERAL PROVISIONS 4.1 No land owner shall cause or permit, on any of his lands designated in Section 3.1 of this By-law, the destruction of any tree without a Permit, unless otJierwise permitted by this By-law. 4.2 No owner shall cause or permit the unnecessary destruction of trees during harvesting or while conducting renewal or maintenance activities required under good forestry practices. 4.3 No person shall contravene the terms of a Permit issued under this By-law or the conditions attached thereto. 4.4 No person shall fail to comply with an Order issued under this By-law. 4.5 No person shall remove, pull down, or deface any Order in the form set out in Schedule "F' to this By-law after the Officer has caused it to be placed in a prominent position on lands, except with the written consent of the Officer. 4.6 No person shall obstruct an Officer or a person acting under the Officer's instructions who is canying out an inspection under this By-law. 4.7 Any person who contravenes Section 4.6 is guilty of an offence. SECI'ION 5 ADMINISTRATION AND ENFORCEMENT 5.1 ADMINISTRATION 5.1.1 The Director is responsible for the administration of this By-law and is hereby delegated the authority to receive applications and the required fees, and to issue permits and to attach conditions thereto in accordance with this By-law. I I I I I I I I I I I I I I I I I I I I I I I I 5.2 ENFORCEMENT 5.2.1 The enforcement of this By-law is,the responsibility of the Officers appointed and designated by Schednle "G" to thiB3y-IlIw. 5.3 TRAINING AND CERTIFICATION 5.3.1 The Director shall ensure that each Officer is properly trained to perform his duties. 5.3.2 The Director shall issue a Certificate of Designation to every Officer in the form prescnoed in Schedule "H" to this By-law. SECI'lON 6 APPLICATION FOR PERMIT TO DESTROY TREES 6.1 SUBMISSION OF APPLICATION I I I I I I I I I I I I I I 6.1.1 Every owner who intends to destroy a tree where a Permit to do so is required by this By-law shall first complete the Application as set out on Schedule "B' to this By_ ' law. The completed Application shall be delivered pelSOnally or forwarded by pre- paid first class mail to the Director at least forty-five (45) days prior to the destruction of any trees. 6.2 OWNER'S AUTHORIZATION 6.2.1 Where there is more than one owner of the land subject of the Application, only one owner shall be considered the Applicant. The other land owners shall complete the Authorization Form as set out on Schedule "CO to this By-law. The Application shall not be considered completed until such time as Authorization Forms from all owners of the subject land have been submitted. ' ,. 6.3 FEES 6.3.1 Any Application submitted to the Director shall be accompanied by the prescribed non-refundable fees as set out in Schedule 'D" to this By-law. The Application shall not be considered completed until such time as the required fee is submitted to the Director. 6.4 TREE CUTl'ING CONTRACTOR 6.4.1 Where the work authorized by a Permit is to be undertaken by a Tree Cutting Contractor other than that indicated on the Application, said new Contractor shall sign the Application submitted by the Applicant. 6.5 ADDITIONAL INFORMATION 6.5.1 Where, in the opinion of the Director, additional information is necessary, the Director may require the Applicant to be respODSlole for submitting a report respecting the health or condition of the tree to be removed. Such report shall be prepared by a Professional Forester. 6.5.2 In the event that a report is required pursuant to Section 6.5.1, the Application shall not be considered completed until such time as the requested report is submitted to the Director. 6.6 CONSULTATION WITH CONSERVATION AUTHORITY 6.6.1 Following receipt of an Application, the Director may confer with the relevant Conservation Authority with respect to the Application, whether or not a Permit should be issued, and any conditions thereto. 6.7 INSPECl'ION .~..~ 6.7.1 Following receipt of an Application, an Officer and any person acting under the Officer's instructions may inspect the lands and shall make his recommendation to the Director whether or not a Permit should be issued having regard to the criteria set out in Sections 7.1, 7.2 and 7.3 and if so, under what conditions, if any, the destruction of any tree may be carried out under the Permit, having regard to Section 7.5 of this By-law. SECTION 7 PERMITS 7.1 PERMIT NOT REQUIRED 7.1.1 A Permit for the destruction of trees shall not be required where: (i) the destruction of trees is on lands covered by a Woodlot Management Plan approved by a Professional Forester, provided that such work is undertaken in accordance with good forestry practices and the Woodlot Management Plan; (ii) the destruction of trees occurs as an integral component of an active farm operation, provided that the destruction of trees is in accordance with good forestry practices as certified by a Professional Forester; (ill) the destruction of trees is necessary to construct a building authorized by a Municipal building permit or to install a domestic well or a sewage disposal system authorized by a certificate of approval issued pursuant to Section 76 of the Environmental Protection Act R.S.O. 1990, provided that the total area from which trees are cleared will not exceed 0.4 hectares; or (iv) the destruction of trees is for the personal use of the land owner, provided that no more than twenty (20) trees are to be destroyed in any 12 month period. 7.1.2 The owner shall provide a copy of the Woodlot Management Plan to the Director .if requested in writing to do so by either the Director or an Officer. 7.2 ISSUANCE OF PERMIT 7.2.1 A Permit to destroy a tree may be issued where: (i) the destruction of trees is in accordance with good forestry practices as certified by a Professional Forester; or (ii) the lands to be cleared form part of an active farm operation, the land has Class 1 to 3 soils as defined by the Canada Land Inventory of Soil Capability for Agriculture, agricultural yield or productivity would be increased, and the lands are designated as "Prime Agricultural Area", "General Agricultural Area", "Green Space" or "Waterfront Greenway" by the Official Plan. 7.3 PROHIBITIONS 7.3.1 The removal of a tree shall not be permitted and the issuance of a Permit under this By-law shall not be authorized where: (i) an Application required under this By-law has not been submitted in full or the required fee has not been paid; (ii) a report as required by the Director pursuant to Section 6.5.1 of this By-law has not been submitted or, in the opinion of the Director, is not satisfactory; I I I I I I I I I I I I I I I I I I I I I I I I (ill) an application for subdivision approval or consent related to lands on which the free is located has been submitted to the Regional Municipality of ~" qurham and has not received Draft Approval; (iv) a Rezoning application, an application for Site Plan ApprovaL ~;'d/or an application to amend the C1arington Official Plan or the Durham Region Official Plan related to the lands on which the free is tocated has been submitted to the Municipality and/or the Region of Durham, and has not received final approval; (v) the free is an endangered species as defined in the Endan~ered Soecies Act R.S.O. 1990; (vi) flood or erosion confroL or the ecological integrity of a natural area, will be negatively affected as determined by the relevant Conservation Authority; I I I I I I I I I I I I I I (vii) the destruction of trees will not be in accordance with good foresby practices as dete11nined by a Professional Forester or an Officer designated by Schedule "G" to this By-law; or (viii) the destruction of trees will reduce the number of trees in the woodlot below the minimum number of trees necessaty to constitute a woodlot as defined by this By-law. 7.4 DURATION OF PERMIT 7.4.1 Any Permit approved in accordance with this By-law shall be issued in the name of the Applicant and shall expire a maximum of nine (9) months after the date of issuance. 7.5 CONDITIONS OF PERMIT 7.5.1 Conditions may be attached by the Director to the Permit to be issued and may include the following considerations: (i) the species, size, number and location of replacement frees to be planted by the applicant; (ii) the date by which any replacement frees are to be planted; (ill) the maintenance and care of any replacement trees. 7.6 PERMIT EXTENSION 7.6.1 The Director may extend the expiration date of a Permit if a written request for an extension is received by the Director a minimum of three (3) working days before the date the Permit expires. Any request for a Permit extension which is received after this time may require the submission of a new Application. 7.6.2 In considering whether or not to grant a request to extend a Permit, the Director shall take the following matters into account: to what extent the work authorized by the Permit has occurred, and to what extent the conditions of the Permit have been adhered to. In no case however, shall the Director extend a Permit so that the Permit remains in effect for more than one (1) year from the original date of its issuance. 7.7 REMOVAL OF ADDITIONAL TREES 7.7.1 When the Applicant wishes tOJfllDl<Yoie additional trees not authorized by a Permit, he shall provide in writing to the'Director, the information regarding the additional trees to be removed as required by Paragraphs 2 through 9 inclusive of the Application, at least five (5) working days prior to the commencement of the additional work. The Director may modify the conditions of the existing Permit to allow the destruction of the additional trees or require the Applicant to submit a new Application under this By-law. SEerlON 8 APPEAL TO THE ONTARIO MUNICIPAL BOARD 8.1. An Applicant may appeal to the Ontario Municipal Board: (i) if the Director refuses to issue a Permit, within thirty (30) days after the refusal; (ii) if the Director faiJs to make a decision on an Application, within forty-five (45) days after the completed Application is received by the Director; or (ill) if the Applicant objects to a condition in the Permit, within thirty (30) days after the issuance of the Permit 8.2 The Ontario Municipal Board may make any decision that the Director who received the Application for a Permit could have made. SEerlON 9 NON-COMPUANCE WITH BY-LAW 9.1 POWERS OF INSPECl'ION 9.1.1 For the purposes of conducting an inspection to determine compliance with this By- law, an Officer and any person acting under the Officer's instructions may, during daylight hours and upon producing the Certificate of Designation, enter and inspect any lands but not buildings to which this By-law applies. 9.2 ISSUANCE OF ORDER 9.2.1 Where an Officer is satisfied that a contravention of this By-law or a Permit issued under this By-law including any of the conditions attached thereto, has occurred, the Officer may make an Order containing: (i) the name of the person to whom the Order is directed; (ii) the municipal address and/or legal description of the lands; (ill) a statement that the lands have been inspected on a certain date; (iv) reasonable particulars of the contravention of this By-law or a Permit issued under this By-law including conditions attached thereto; (v) a statement that the destruction of trees is ordered stopped forthwith; (vi) a statement that there must be compliance with the By-law or a Permit issued under this By-law, including any conditions thereto; (vii) set out the time period within which there must be compliance with the terms of the Order; (viii) notification to the person to whom the Order is directed that they have the right of appeal to Council in accordance with Section 10.1 of this By-law and advise as to the last date such appeal can be made; I I I I I I I I I I I I I I I I I I I I I I 1.1 ~ i II !' II l' 11 I (ix) a statement that, in the event that no appeal is taken, the Order shall be deemed to be confirmed. 9.3 SERVICE OF ORDER. 9.3.1 An Order issued under Section 9.2 shaIl be selVed personally to the land owner and, if applicable, to the Tree Cutting Contractor. H said Order cannot be selVed personally, the Order shaIl be selVed by sending it by pre-paid registered mail to the last known address of the land owner and, if applicable, the Tree Cutting Contractor. 9.3.2 The Officer shaIl also place a placard containing the terms of the Order in a conspicuous place on the affected lands. Where service to the land owner and/or the Tree Cutting Contractor cannot reasonably be affected under Section 9.3.1, the placing of the placard on the affected lands in accordance with this section shall be deemed to be sufficient service of the Order on the person to whom the Order is directed. SECTION 10 APPEAL OF ORDER 10.1 APPEAL TO COUNCIL II 1 II 10.1.1 Where the person to whom the Order is directed has been selVed in accordance with this By-law is not satisfied with the terms of the Order, the person may appeal to Council by filing notice of appeal by personal service or pre-paid registered mail to the Clerk within 30 days after the date of the Order. 10.2 HEARING BEFORE COUNCIL 10.2.1 Where an appeal has been filed, Council shaIl hear the appeal as soon as is practicable. il ~ 11 10.3 NOTICE OF HEARING 10.3.1 Before conducting a hearing under Section 10.2, the Clerk shaIl give notice to such persons or direct that notice be given to such persons as the Clerk considers should receive notice and in the manner directed by the Clerk. 10.4 POWERS OF COUNCIL 10.4.1 After hearing an appeal, Council may confirm, modify or revoke any Order issued under this By-law provided that, in the opinion of Council, the general intent and purpose of this By-law and the Official Plan have been maintained. The decision of Council shall be final and binding. 10.4.2 The Dider issued under Section 9.2 shaIl be final and binding: . (i) (ii) upon the time expiring for appeal to Council and there being no appeal; in the event there is an appeal to Council and upon Council confirming or modifying the Order, the person upon whom the Order is final and binding shaIl comply with the terms or conditions of the Order within the time and in the manner specified in the Order. ' SECI'ION 11 PENALTIES FOR NON-COMPLIANCE WITH BY.LAW 11.1 Any person who contravenes any provision of this By-law or an Order as confirmed or modified by Council is guilly of an offence and on conviction is liable: (i) on a first conviction, to a fine of not more than $10,000.00, and (ii) on any subsequent conviction, to a fine of not more than $20,000.00. I 11.2. Where a person is convicted of an offence under this By-law, in addition to any other I remedy or any penalty imposed by the By-law, the court in which the conviction has been entered, and any.courtof competent jurisdiction thereafter, may make an order proln"biting the contimlation or repetition of the offence by the person convicted or I any other person. 11.3 Where a person is convicted of an offence under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may I order the person to replant or have replanted such trees in such manner and within such a period of time as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees or have the trees re-established. SECTION 12 VALIDITY OF BY.LAW I 12.1 Where a court of competent jurisdiction declares any section or part of a section of this By-law to be invalid, the remainder of this By-law shall continue in force unless I the court makes an order to the contrary. , SECTION 13 EFFECfIVE DATE OF BY.LAW 13.1 This By-law shall come into force and take effect on the day of enactment by Council. SECTION 14 SCHEDULES 14.1 Schedules "A', "B", "CO, "D", "E", "F', "0" and"H" attached hereto shall form part of this By-law. By-law read a first and a second time this 10th day of day of Karch ,1997 By-law read a third time and finally passed this 10th March ,1997. MAYOR DEPUTY CLERK I I I I I I I I I I I I I I I Ii II n: SCHEDULE "A" TO BY-LAW NO. 97- AREA OF APPLICATION OF TREE PRESERVATION BY-LAW The provisions of By-law 97- shall apply to the lands identified below: -Jv---l- ~ ~ ~ ~~, ~~~ ,~ ~~~, '~,' .'~ :1~ ~~" ~., ~"\C ,>, ~ ::.."\C ~ ~~S:~ ~ /" ,N", " 'V ~ ~~""'''''',~ '" ,," " ," ~ ~ ~~ ,'''' ~ .... ~~ ~ :\.,," ~ ~ \:! "~ ~""~ ," ~ ~ ~ ::s ~~ ~I ~ '" ~~, ;~~~ ~ ~~~ ~ ~""'~ ~ 0.",. ."," :\.~ ~ ~'\.., ~ :\."\c ~ I II I II I 1 II I. I II ~. II 11 ~ ~ ~~~~ S: ~~ ~'W ~ " "'" '" ,,, ",' ,,' ",-, II I II I I ~ " ,,' r~ l': ~ " ~ ~,'\; " 5:\." ~ 0",\ ~ :\.'\ II ~ ~ ~ ~~~ - - ~ w ) ~5' ~~ --, "" - - ~ o JI-:;~ ~ ~ I ~ ~ !;1 ~ '" Q. ... ... I!' g ~ iil 1il i:i !"i ~ ~ ~~ ~ " E o o o N o 8 o E o o -~g " SCHEDULE 'B" TO BY-LAW NO. 97- APPUCATION .TO DESTROY TREES 1. Land Owner (Ltst all owners - Use additional sheets if necessary) Name: Address: Postal Code: Telephone No: Home Business Fax No: 2. Tree Cutting Contractor Name: Address: Postal Code: Telephone No: Fax No.: 3. Description of Land Lot: Concession: Township: :y Municipal Street Address: 4. Information on Property and TreelWoodlot Attach proper drawings and survey showing o limits of land owner's property o adjacent roads o man-made featores on the property such as fence lines, rail lines, and buildings o natural featores such as streams and wetlands o location, extent and size of woodlot where trees are to be destroyed Descn"be the trees to be destroyed o number o species o size (dbh) o approximate age o location on property Descn"be the q.pe of woodlot Mixed Wood Conifer Plantation (Red Pine, etc.) Other Descn"be I I I I I I I I I I I I I I I I I I I ), , !I I II I I I- , I I I II , I I I I I I I I I I 5. Time Period Expected Starting Date: Expected Completion Date: 6. Has the Ministry of Natnral Resources or a Professional Forester marked this tree/woodlot for cutting? No Yes Name: Address: Phone: Fax: 7. Describe the purpose or reason for, the tree deslrnction and the method of deslrnction (i.e. cutting, bnmlng, etc.) 8. A copy of any report prepared by a Professional Forester respecting the destruction of trees subject of this Application shall accompany this Application. 9. Where the Tree Cutting Contractor is different from the Applicant, a copy of any contract between the Applicant and the Tree Cutting Contractor respecting the destruction of trees subject of this Application shall accompany this Application. 10. AFFIDAVIT OF APPUCANT The Applicant mnst be the owner of the lands. If there are multiple owners, only one owner shall be considered the applicant and shall complete this Section. Authorization from all other owners of the land regarding this Application, as set out in Schedule 'C' to this By-law, shall be attached to this Application. I, of the in the Region/County of being the registered owner of the lands subject of this Application, solemnly declare that all of the above statements contained in this Application are true, and r make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act". r agree that the work to destroy trees will be conducted in accordance with the Municipality of Clarington By-law No. 97- ,and that r am familiar with the contents and requirements of that By-law and acknowledge having received a copy thereof. r also agree to allow the Municipality of Clarington, its employees and agents to enter upon the subject lands for the purposes of conducting any inspections that may be necessary to this Application. Declared before me at tbe in the<Region/County of this day of .199. A Commissioner of Oaths Owner To Be Completed by Tree Cutting Contractor (if different from Applicant) I agree that the work to destroy trees on the property owned by and municipally known as will be conducted in accordance with the Municipality of Clarington By-law No. 97- and the Permit issued under that By-law to the owner of the land. I also agree that I am familiar with the contents and requirements of By-law 97- and the Permit issued pursuant to it, and acknowledge having received a copy of both the By-law and the Permit. In signing this Application, I also agree that I am acting with the full authority and permission of the land owner and on his/her behalf. Name: Signature: Dated at this day of .19. ~i. NOTICE TO APPLICANT You may appeal to the Ontario Municipal Board: 1. If the Director refuses to issue a Permit, within thirty (30) days after the refusal; 2. If the Director fails to make a decision on an Application, within forty-five (45) days after the completed Application is received by the Director; or 3. If a Permit is issued, but you object to a condition in the Permit, within thirty (30) days after the issuance of the Permit. Notice of Appeal should be mailed or delivered to: Ontario Municipal Board Suite 1500 655 Bay Street Toronto, Ontario MSG lES The cost of the appeal (presently $U5.00 with each related appeal being an additional $25.00) shall be payable by cheque made payable to the MINISTER OF FlNANCE and must accompany the Notice of Appeal. I I I I I I I I I I I I I I I I I I I ~, ' , ~ II I , , II I. I II I SCHEDULE "C' TO BY.LAW 97- LAND OWNER'S AUTHORIZATION FORM I, Name of Land Owner (Please print or type) being one of the regtstered owners of the subject lands, hereby authorize Name of Applicant (please print or type) to prepare and submit this application on my behalf. I I I I I I I I I I I I I I Signature day month year SCHEDULE "D" TO BY-lAW 97- APPLICATION FEES The following fees shall be payable for applications submitted pursuant to Section 6 of By- law 97- 1. The destruction of trees in a woodlot 2 ha in area or less $25.00 $50.00 2. The destruction of trees in a woodlot greater than 2 ha in area 3. The destruction of trees on lands designated "Environmental Protection Area" on Map A of the Official Plan, or located within 120 metres of a wetland identified on Map C of the Official Plan $75.00 In the event that more than one fee is applicable, the Applicant shaIl only pay the greater of the applicable fees. ~ I I I I I I I I I I I I I I I I I I I I II II I II t I ,~ I I I " , I , !I I II I II { SCHEDULE oE' TO BY-lAW NO. 97- PERMIT TO DESTROY TREES PERMIT NO. PERMIT ISSUED TO: Name: (Applicant) Address: Postal Code: Telephone No: Home Business Fax No: DESCRIPTION OF lAND Lot Concession: Township: Municipal Street Address: DESCRIPTION OF WORK AU'lHORlZED BY TIllS PERMIT TREE CUTTING CONTRACIOR II I :1 , Name: Address: CONDmONS I 1. The 1IlIDe<:CSSlUJ' destruction of aoy tree nolauthorized by this I'etmit is hereby prohibilA:c1. This Permit shall be null and void :in the ~nt that the destruction of trees not authorized by this Permit occurs. " II 2. Upon completion of the removal and/or haJVCSting of cIcstrojood tree.. specified trees shall he replanted in accordance with replanting plans approved by the Director. 3. AU requirements of a woodlot management Plan. 8pp1'Oftid by a Professional Forester and u approved by the Director, shall he complied with. " 'i I 4. The destruction of trees and any required clean~p or re-plantiog plans authorized or required by this Permit shall be complied with on or before the expiration of this Permit. Thia Permit abaI1 be DUll aad void if the work or a portion of the work authorized. by this Permit is nndcrtakeo by a Tree Oltting Coolractorotherthan thaI indicated 00 the Appli<:atioo To DestroyTrccs. s. I II I SCHEDULE oF' TO BY-lAW NO. 97- ORDER PURSUANT TO SECTION 9 OF BY-lAW NO. 97- OF THE MUNICIPALITY OF ClARINGTON [liJte'l~:~1 IO"'hIet "'n.-. ~]] W":-'Td:-'~~''o: ,',Tk, 'it:; .;:II,;:i::-;J;~ 11;11..'1 :';:.'-:':'=;:":':'':1' .-"'_'i%,''';:;;:;'':: An inspection of the lands named herein on dav/monthlvear has disclosed that the conditions of Permit No. _ issued on dav/monthlvear by the Director have not been complied with and/or Section_ of By-law No. 97- has been violated. THEREFORE TAKE NOTICE THAT the destruction of trees 'on these lands is hereby Ordered stopped forthwith. AND FURTHER TAKE NOTICE that the destruction of trees shall not resume without written approval of an Officer and unless the provisions of this By-law or the conditions attached to Permit No. _ are complied with on or before davhnonthlvear. AND FURTHER TAKE NOTICE that if you are not satisfied with the terms of this Order, you may appeal to Council by sending notice of appeal by personal service or by pre-paid registered mail to the Clerk of the Municipality of Clarington within 30 days of the date on this Order. AND FURTHER TAKE NOTICE that in the event that no appeal is taken the Order shall deemed to have been confirmed. Section 4.5 of By-law No. 97- states: ONo person shall remove, pull down, or deface any Order in the form set out in Schedule oF' to this By-law after the Officer has caused it to be placed in a prominent position or any lands except with the consent of the OfficeI'". Every person who contravenes any portion of this By-law or an Order issued pursuant to this By-law is guilty of an offence or on conviction pursuant to the provisions of subsection 223.3(15) of the Municioal Act R.S.O. 1990, is liable; (a) on a first conviction, to a fine of not more than $10,000.00 and (b) on any subsequent conviction, to a fine of not more than $20,000.00. Date Officer ~ I I I I I I I I I I I I I I I I I I I I. t II SCHEDULE "G" TO BY-LAW NO. 97- APPOINTMENT AND DESIGNATION OF OFFICERS I I I The following persons are appointed as Officers for the purposes of enforcing Municipality of Clarington By-law No. 97- 1. Mr. Leonard Creamer, Senior Municipal By-law Enforcement Officer, Municipality of Clarington 2. Ms. Teresa Mason, Municipal By-law Enforcement Officer, Municipality of Clarington 3. Ms. Janice Anger Szwarz, Senior Planner, Community Planning Branch, Municipality of Clarington I I I I I I I I I I ! I I I I SCHEDULE 'H" TO BY.LAW NO. 97- CERTIFlCATlON OF OFFICERS DESIGNATED UNDER lIIUN,8::IPALI1YOF CLARINGTON BY-LAW 97- (Crest) THE CORPORATION OF THE MUNICIPALITY OF ClARINGTDN CERTIFICATE OF DESIGNATION (Issued pursuant to Section 223.2 (8) of the MuDicinal Act. R.S.O. 1990 1HIS CERTIFIES TIlAT: IS DESIGNATED AN OFFICER UNDER THE MUNICIPALITY OF ClARINGTDN BY-LAW NO. 97- TD INSPECT ANY LAND IN THE MUNICIPALITY OF CLARINGTDN TD ENFORCE THEAFORESAJD BY-LAW AND ITS REGULATIONS RESPECTING THE DESTRUCTION OF TREES IN THE MUNICIPALITY. " CERTIFICATE ISSUED nns _DAY OF 199 Director of Planning and Development I I I I I I I I I I I I I I I I I I I , II II I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-36 being a by-law respecting Adult Entertainment Parlours WHEREAS the Council ofthe Corporation ofthe Municipal~ of Clarington has, pursuant to the provisions ofthe municipal Act, R.S.O. 1990, c.MA5, Section 225 authority to pass by-laws for regulating adult entertainment parlours; AND WHEREAS iI is deemed desirable to provide for the regulating of aduit entertainment parlours; I I I I II I ~I i II i i 11 I 'i II I I I NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. For the purposes of this by-law: (a) "Adult Entertainment Parlour" means any premises of part thereof in which is provided services appealing to or designed to appeal to erotic or sexual appetites or inclinations (b) "attendant' means any person other than an owner or operator who provides services designed to appeal to erotic or sexual appetiles or inclinations at an adult entertainment parlour (c) 'services designed to appeal to erotic or sexual appet~es or inclinations" includes: (i) services of which a principal feature or characteristic is the nudity or partial nudity of any person (Ii) services in respect of which the word 'nude", "naked", "topless", bottomless', "sexy", or any other word or any other picture, symbol or representation having like meaning or implication is used in any advertisement (d) 'to provide' when used in relation to services includes to furnish, perform, solic~, or give such services and 'providing' and 'provision" have corresponding meanings 2. No owner or operator shall, in respect of any adult entertainment parlour owned or operated by him, knowingly permit any attendant, while providing services as an attendant, to touch, or be touched by, or have physical contact with, any other person in any manner whatsoever invoMng any part of that person's body. 3. No attendant shall, while providing services as an attendant, touch or have physical contact with any other person in any manner whatsoever involving any part of that person's body. 4. No patron shall, while attending the fecil~ies of an AduJt Entertainment Parlour, touch any part of an attendant's body during the course of an entertainment service. Page 2 I I I I I By-law 97-36 ,; 4. No attendant shall provide or perform any services as an attendant in an adult entertainment parlour except while wnhin the plain and unobstructed view of the main stage on any floor of the premises. 5. Every person who contravenes any provision of this by-law is guilty of an offence and liable to a fine on conviction as provided in the Provincial Offences Act, R.S.O. 1990. 6. This by-law shall come into force and effect on the date of final passage. Mayor I I I I I I I I I I I I I I By-law read a first and second time this 10th day of March 1997. By-law read a third time and finally passed this 10th day of March 1997. Clerk (Deputy) I il ,;' THE CORPORATION'OF THE MUNICIPAllTY OF CLARINGTON II BY-LAW NUMBER 97-37 I being a By-Law to amend By-law 96-32, a By-Law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees I I WHEREAS the Council of the Corporation of the Municipality of Clarington has adopted the recommendations contained within Report ADMIN-2-96 and Report 'IR-1l-97 to adjust existing administrative fees and to impose new administrative fees to recover costs incurred by the Munieipality in providing information and services: ~ ' I NOW TIlEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT By-Law 96-32 be amended by adding a new Schedule "F' as attacbed bereto as Attachment #1. I I By-Law read a fIrst and second time this 10th day of March 1997. By-Law read a third time and fmaIly passed this 10th day of March 1997. I I II II II i II I Mayor Deputy Clerk I I I Attachment #1 to By-Law #97- I I I I I SCHEDULE "F' TO BY-LAW 96-32 FEES PRESCRIBED BY THE mEASURER SERVICE/DOCUMENT EFFECTIVE DATE FEE Fax Back Tax Certificates June I, 1997 845.00 Fax Back Tax Certificates January I, 1998 555.00 Regular Tax Certificates January I, 1998 535.00 Tax Receipt June I, 1997 S 5.00 (at other than time of payment) Tax Receipt January I, 1998 S 7.00 (at other than time of payment) I I I I I I I I I I I I I I , II il THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 38 I I Being a By-law to layout and establish certain lands and premises wi thin the Municipality of Clarington as public highway and to assume such public highways for public use. I NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts that the lands and premises set out in the attached Schedule nAil are hereby laid out and established as public highways forming a part of the public highway referred to and are assumed by the Corporation for public use. I I BY-LAW re~d a first and second time this lOth day of March, 1997. BY-LAW read a third time and fin~11y passed this lOth day March, 1997. I MAYOR I I DEPUTY CLERK I I ! I I II II I- I 'I .,:' I I 'tUr I I I I I SCHEDULE "A" to THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 97--1L- FlRSTLY: The one foot reserve as shown on I!lan 681 for the former Town of BowmanvilIe at the western extremity of Saunders Avenue and forming part of Saunders Avenue; (1) SECONDLY: Part of Lot 13, Concession 2, Geographic Township of Darlington, designated as Parts 2 and 5 on Plan lOR-231 and forming part of Jackman Road; (21) (33) I I I I I I I I I I I I I I . THIRDLY: Part of Lot 14, Concession 8, Geographic Township of Darlington designated as Part 5 on Plan 10R-387 and forming part of Maple Street; (22) FOURTHLY: Part of Lots 26 and 27, Concession 2, Geographic Township of Qarke, designated as Parts 1, 3 and 5 on Plan 10R-689 and fanning part of Arthur Street; (26) FIFTHLY: Part of Lot 26, Concession 2, Geographic Township of Darlington, designated as Part 4 on Plan lOR-2002 and fanning part of Nash Road; (29) SIXTIII-Y: Part of Lot 19, Concession 8, Geographic Township of Darlington, designated as Part 2 on Plan 10R-2175 and forming part of Old Scttgog Road; (30) SEVENTIfI.Y: Part of Lot 22, Concession 3, Geographic Township of Darlington, designated as Part 3 on Plan lOR-2878 and forming part of Nash Road; (32) EIGHTHT .Y: Part Lot 18, Concession 5, Geographic Township of Darlington, designated as Part 1 on Plan 10R- 3040 and forming part of Scugog Road; NINETHL Y: Part of Lot 31, Concession 3, Geographic Township of Darlington, designated as Part 4 on Plan 10R-3173 and forming part of Nash Road; (36) TENTHT .Y: Part of Lot 16, Registrar's Compiled Plan No. 713 being Part of Lot 35 and Part of the road allowance between Lots 34 and 35, Concession 2, Geographic Township of Darlington, designated as Part 7 on Plan lOR-3281 and forming part of Nash Road; (38) I i II -t II II I II !I I II I II I - 2- ELEVENTI-lL Y: Part Lot 31, Concession 2, former Geographic Township of Darlington, designated as Part I on Plan lOR-3284 and forming part of Nash Road; (39) TWRJ FTHL Y: Part of Lot 29, Broken Front Concession, Geographic Township of Darlington, ;designated as Part 3 on Plan IOR-3291 and forming part Baseline Road; (40) THIRTEENTHI.Y: Part of Lot 32, Concession 2, Geographic Township of Darlington designated as Part 3 on Plan 10R-3428 forming part of Prestonvale Road; (42) FOURTF.RNTHI .Y: Part of Lot 18, Plan 632, Geographic Township of Darlington designated as Part 3 on Plan 10R-3448 and forming part of Nash Road; (43) FIFrEENTIIL Y: Part of Lots 25 and 26, Plan H-50067, Geographic Township of Darlington designated as Part 4 on Plan 10R-3830 and forming part ofPeny Avenue; (46) SIXTEENTHI.Y Part of Lot 69, Block C, Plan H-500n being Part of Lot 9, Concession 2, Geographic Township of Darlington, designated as Part 1 on Plan 10R- '3928 and forming part of Bradshaw Street; I I I I ,I ! II I I I I I (48) SEVENTEENTIILY: Part Lots 20 and 22, Block E, Plan H-500n being Part of Lot 9, Concession 2, Geographic Township of Darlington, designated as Part 2 on Plan lOR-3929 and forming part of Mearns Avenue; (49) EIGHTEENTIILY: Part of Lot 32, Concession 7, Geographic Township of Qarke, designated as Part 3 on Plan 10R-4009 and forming part of Leskard Road; (SO) NINETEENTHI.Y: Part of Lots 23 and 24, Block A, e.G. Hanning's Plan of the former Town of BowmanviIIe being Part of Lot 8, Concession I, Geographic Township of Darlington designated as Parts 1 and 8 on Plan 40R-13850 and forming part of McFeeters Crescent; (51) TWENTIETHLY: Part of Lot 27, Concession 1, Geographic Township of Darlington designated as Part 1 on Plan 4OR-14199 and forming part of Bloor Street; (53) - 3 - TWENTY-FIRSTLY: Part of Lot 19, Concession 4, Geographic Township of Clarke, designated as Part 2 on Plan 40R-14201 and forming part of Walsh Road; (54) TWENTY-SECONDLY: Part of Reserved Lot Block "D", Plan H-5oo77 being part of Lot 9, Concession 2, Geographic Township of Darlington designated as Parts 1 and 4 on Plan 40R-14760 and forming part of Bradshaw Street; (55) TWENTY-THIRDLY: Part of Lot 18, Concession 8, Geographic Township of Darlington, designated as Parts 2 and 4 on Plan 40R-14796 and forming part of Old Scugog Road; (56) TWENTY-FOURTHT Y: Part of Block I, Plan 698, GeographiC Township of Darlington, designated as Part 1 on Plan 40R- 15165 and forming part of King Street; (58) TWENTY-FIFrHT Y: Part of Lot 33 Concession 2, Geographic Township of Darlington, designated as Part 1 on Plan 4OR-15296 and forming part of Prestonvale Road; (59) :.; TWENTY -SIXTHT Y: Part of Lot 28, Concession 4, Geographic Township of Qarke designated as Part 2 on Plan 4OR-15349 and forming part of Blewett Road; (60) TWENTY-SEVRNTHT .Y: Part of Lot 31, Concession 4, Geographic Township of Darlington designated as Part 2 on Plan 4OR-15459 and forming part of TruIls Road; (61) TWENTY-EIGHTHT.Y: Part of Lot 22, Concession 3, Geographic Township of Darlington designated as Parts 1 and 2 on Plan 40R-15539 and forming part of Nash Road; (62) TWENTY-NINETHI Y: Part of Lot 14, Broken Front Concession, Geographic Township of Darlington designated as Part 2 on Plan 4OR-15663 and forming part of Baseline Road; (64) THIRTIETHLY: Part of Lot 24, Broken Front Concession, Geographic Township of Darlington, designated as Part 2 on Plan 4OR-15787 and forming part of Lakeshore Road; (66) I I I I I I I I I I I I I I I I I I I j il I I II II ! , II , - 4- THIRTY-FIRSTLY: Part of Lot 30, Concession 3, Geographic Township of Darlington, designated as Parts 3 and 4 on Plan 40R-15902 and forming part of Trulls Road; (67) THIRTY-SECONDLY: Part of Lot 4, Block 9, CG. Hanning's Plan being part of Lot 12" Conc.ession 2, Geographic Township of Darlington designated as Parts 1 and 4 on Plan 40R-15925 and forming part of Scugog Street; (68) I I I I I I I I I I I I I I THIRTY-THIRDLY: Part of Lots 4 and 8, Block I, CG. Hanning's Plan being Part of Lot 10, Concession 1, Geographic Township of Darlington, designated . as Parts 3,4,6 and 9 on Plan 4OR-15886 and forming part of Lambert Street; (70) THIRTY-FOURTHl.. Y: Part of Lots 4 and 8, Block 1, CG. Hanning's Plan being Part of Lot 10, Concession 1, Geographic Township of Darlington, designated as Part 7 on Plan 4OR-15886 and forming part of King Street; (70) THIRTY-FIFrHL Y: Part of Lot 19, Block I, CG. Hanning's Plan being Part of Lot 11, Concession 2, Geographic Township of Darlington designated as Part 1 on Plan 40R-16181 and forming part of Meadowview Boulevard; (71) THIRTY -SIXTHLY Part of Lot 31, Concession 4, Geographic Township of Oarke more particularly descnbed as follows: Commencing at a point in the Easterly limit of said Lot 31 distant Northerly therein twenty-four hundred and thirty and seventy-five one- hundredths feet (2430.75) from the South- Easterly angle of said Lot 31; THENCE North 17 degrees 45 minutes 30 seconds West along the Easterly limit of said Lot 31 a distance of three hundred and thirty feet (330'); THENCE South 72 degrees 30 minutes 30 seconds West a distance of forty feet (40') to an iron bar; THENCE South 17 degrees 45 minutes 30 seconds East a distance of one hundred and seventy feel (170') to an iron bar; - 5- THENCE South 26 degrees 50 minutes 30 seconds East a distance of One hundred and sixty- two and sixteen one-hundredths feet (162.16') more or Jess to an iron bar distant fourteen and four-tenths feet (14.4') on a course of South 72 degrees 30 minutes 30 seconds West from the point of commencement; THENCE North 72 degrees 30 minutes 30 seconds East a distance of fourteen and four~ tenths feet (14.4') to the POINT OF COMMENCEMENT. Said parcel is shown on a plan of survey prepared by M.D. Brown, Ontario Land Surveyor, dated April 1, 1967 and last described in Instrument No. N38326 and forming part of Squair Road; TIlIRTY-SEVRNTHT .v: Part of Park Lot "G" , Plan H-50068 being Part of Lot 20, Concession 10, Geographic Township of Darlington designated as Parts 1,3 and 4 on Plan 10R-3957 and fOrming part of Darlington Street; (73) TIlIRTY-EIGHTHL Y: Part of Lot 15, Concession 3, Geographic Township of Darlington, designated as Parts 7,8 and 9 on Plan 4OR-14713 and forming part of Old Scugog Road; (74) TIlIRTY-NTNETHL Y: Part of Lot 52, Registrar's Compiled Plan, Geographic Township of Darlington designated as Part 6 on Plan 1OR-2446 and forming part of Foxhunt Trail; (76) FORTIRTHT Y: Part of Lot 1, Plan 632, Geographic Township of Darlington, designated as Parts 3 and 4 on Plan 10R-3247 and forming part of Nash Road; (7S) FORTY-FIRSTI ,V: Part of Lot 31, Concession 2, Geographic Township of Darlingron, designated as Parts 1 and 30n Plan 4OR-16154 and forming part of Nash Road and as Part 2 on Plan 4OR-16154 and forming part of Trulls Road; (79) I I I I I I I (72) I I I I I I I I I I I I I II II I .6- FORTY-SECONDLY: Part of Lots 23 and 24, Block A, e.G. Hanning's Plan being part of Lot 8, Concession 1, Geographic Township of Darlington designated as Part 1 on Plan 40R-16365 and forming part of Mearn's Avenue; (82) I I II I FORTY-THIRDLY: Part of Block B, Plan 707, Geographic Township of Darlington, designated as Part 2 on Plan 10R- 463 and forming part of Waverly Road; and (23) FORTY-FOURTHLY: Part of Lot 33, Concession 3, Geographic Township of Darlington, designated as Part 8 on Plan 10R-3531 and forming part of Nash Road; (44) I II , FORTY-FITHT .Y: Part of Lot 9, Concession 2, Geographic Township of Darlington, designated as Part 1 on Plan 10R-3361 and forming part of Elephant Hill Drive; I (75) il . i... l' , FORTY-SIXTHI.Y: of Part Township of Plan lOR-1278 Part of Lot 2, Block 2, e.G. Hanning's Plan of Lot 9, Concession 1, Geographic Darlington, designated as Part 2 on and forming part of Mearn's Avenue; (27) II All of the lands described above are in the Municipality of Oarington, Regional Municipality of Durham. I j'J '. I I I I I I II II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 39 II Being a By-law to layout and establish certain lands and premises within the Municipality of Clarington as public highway and to assume such public highways for public use. II r II i NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts that the lands and premises set out in the attached Schedule "A" are hereby laid out and established as public highways forming a part of the public highway referred to and are assumed by the corporation for public use. II II , , BY-LAW read a first and second time this 10th day of March, 1997. BY-LAW read a third and final time this lOth day of March, 1997. II I MAYOR I DEPUTY CLERK I I I I I I I I I SCHEDULE "A" Ia THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-.:JJ FIRSTLY; Parcel Reserves-I, Section.lOM-757 being Block 84, Plan IOM-757 forming part of Birchfield Drive; (8) SECONDLY: Part of Parcel Block 86-1, Section IOM-757 being Block 85 on Plan IOM-757 forming part of Homefield Drive; (8) TIlIRDL Y: Part of Parcel Block 86-1, Section IOM-757 being Block 86, Plan IOM-757 forming part of CenterfIeld Drive; (8) FOURTHLY: Part of Parcel Reserves-I, Section lOM-759 being Blocks 43 and 44, Plan lOM-759 forming part of Homefield Square; (9) FIFTHI .Y: Part of Parcel Reserves-I, Section 10M-759 being Block 45, Plan 10M-759 forming part of CenterfIeld Drive and Poppyfield Drive; (9) SIXTHLY; Part of Parcel Block 87-1, Section IOM-764 being Block 91, Plan IOM-764 forming part of Pebblebeach Drive; (10) SEVENTHL Y; Parcel Block 59-1, Section 10M -769 being Blocks 59, 60 and 61, Plan 10M-769 forming part of CenterfIeld Drive; (II) EIGI-ITHT .Y: Part of Parcel Block 101-1, Section IOM-773 being Block 111, Plan 10M-773 forming part of Glenabbey Drive; (12) NINETHT .Y: Part of Parcel Block 12-1, Section 10M-774 being Block 16, Plan 10M-774 forming part of Timberlane Court; (13) TENTHL Y: Part of Parcel Reserves-I, Section lOM-784 being Block 84, Plan 10M-784 forming part of Squires Gate Drive; (14) ELRVRNTHL Y: Part of Parcel Reserves-I, Section 10M-791 being Block 59, Plan IOM-791 forming part of McFeeters Crescent; (15) I I I I I I I I I I I I I I I I I I I I ~I - 2 - \1 TWELTHLY: Part of Parcel Reserves-I, Section 10M-797 being Block 164 on Plan lOM-797 forming part of Robert Adams Drive; (16) I II THIRTEENTHL Y: Part of Parcel Reserves-I, Section 4OM-1740 being Block 16, Plan 40M- I 740 forming part of Barrington Place; (20) FOURTEENTHLY: Part of Parcel Reserves-I, Section lOM-797 being Part of Block 166, Plan lOM-797 designated as Part 4 on Plan lOR-3139 forming part of Renwick Road: (35) I I FIFfEENTHLY: Part of Parcel Reserves- I, Section lOM-797 being Part of Block 166, Plan lOM-797 designated as Parts 1, 2 and 3 on Plan 10R-3251 forming part of Renwick Road; (37) II I ~ 'I i!1 , I ,I I ,I :j' ',.' I I II I I SIXTEENTHL Y: Part ofPareel Reserves-I, Section lOM-823 being Part of Block 77, Plan IOM-823 designated as Part 10 on Plan lOR-3337 forming part of George Reynolds Drive; (4t) SEVENTEENTHLY: Part of Parcel Reserves-I, Section lOM-823 being Part of Block 77, Plan 10M-823 designated as Part 11 on Plan lOR-3337 forming part of Firwood Avenue; (41) " EIGHTEENTHL Y: Part of Parcel Reserves-I, Section lOM-757 being Part of Block 88, Plan 10M-757 designated as Part 3 on Plan 10R-3531 forming part of Centerfield Drive; (44) NINETEENTHI .Y: Part of Parcel Reserves-I, Section M-797 being Part of Block 166, Plan M-797 designated as Parts 3 and 4 on Plan 10R-3591 forming part of Renwick Road: (45) TWENTIETHLY: Part of Parcel 33-8, Section Con. 2 (Darlington) being Part of Lot 33, Concession 2, Geographic Township Qf Darlington designated as Part 2 on Plan 10R-3916 forming part of Prestonvale Road; (47) - 3- .TWENTY-FIRSTL Y: Part of Parcel Block 136-2, Section lOM-820 being Part of Block 136, Plan IOM-820 designated as Part I on Plan 40R-1481O forming part of Bushford Slree t; (57) TWRNTY-SECONDL Y: Part of Parcel Block 72-1, Section IOM-781 being Part of Block 79, Plan IOM-781 designated as Part 1 on Plan IOR-2749 and Parts 3, 5 and 7 on Plan 4OR-15609 forming part of Foxbunt Trail; (31 &63) TWENTY-THIRDLY: Part of Parcel Reserves-I, Section IOM-797 being Part of Block 166, Plan IOM-797 designated as Part 1 on Plan 40R-15686 forming part of Renwick Road; (65) TWENTY-FOURTHLY: Part of Parcel Reserves-I, Section IOM-816 being Block 54, Plan 10M-816 forming part of Merryfield Court and Orchard Park Drive; (69) TWENTY-FIFTHT Y: Part of Parcel Block 72-1, Section IOM-781 being Part of Block 79, Plan 10M-781 designated as Part 3 on Plan 40R-16227 forming part of Foxbunt Trail; (17) TWENTY ~<;IXTHT Y: Part of Parcel Block 72-1, Section IOM-781 being Part of Block 79, Plan 10M-781 designated as Parts I, 2, 3 and 4 on Plan 40R-16332 forming part of Foxbunt Trail; (80) TWENTY-SEVENTHL Y: Part of Parcel Con. 2'13-1, Section Darlington being Part of Lot 13, Concession 2, Geographic Township of Darlington designated as Part 2 on Plan 4OR-16392 forming part of Middle Road; (81) TWENTY-EIGHTHT.Y: Part of Parcel Con. 2-13-1, Section Darlington being Part of Lot 13, Concession 2, Geographic Township of Darlington designated as Parts 3 and 5 on Plan 40R-16392 forming part of Old Scugog Road; and (81) TWENTY-NINRTHLY: Part of Parcel Reserves-I, Section IOM-820 being Block 144, Plan IOM-820 now designated as Part 1 on Plan 40R-I6501 forming part of Bushford Street; (83) THIRTIETH! .Y: Part of Parcel Reserves-I, Section IOM-797 being Block 166, Plan 10M-797 now designated as Part 4 on Plan 10R-3079 forming part of Renwick Road; I I I I I I I I I I I I I I I I I I I I II II I I i I II 1: I 'I II I 1 1.1 ~ i L "j I I I I I I I I I I .. - 4- all being in the Municipality of Clarington, Regional Municipality of Durham, Land Titles Division of Durham (No. 40). II i,11 111 11 ,II ;! III II ~ i 't :'11 II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 40 Being a By-law to assume certain public highways within the Municipality of Clarington for public use. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts that the lands and premises set out in the attached Schedule "All forming a part of the public highway referred to are hereby assumed by the Corporation for public use. BY-LAW read a first and second time this 10th day of March, 1997. BY-LAW read a third time and finally passed this lOth day of March, 1997. MAYOR II ! I DEPUTY CLERK II I I 'I I I I I I I I I FIRSTLY: Parcel Block 5-1, Section IOM-752 being Block 5, Plan IOM-752 forming part of Hancock Road; (5) I I I I SCHEDULE "A" 10 THE CORPORATiON OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-{ill SECONnL Y: Part of Parcel Block 9-1, Section IOM-754 being Block 8 on Plan IOM-754 forming part of Concession Road 7; (6) I I I I I I I I I I I I I I THIRDLY: Parcel Streets-I, Section lOM-835 being AIdcroft Crescen~ Argent Street and Clayton Crescent, Plan lOM-835; and (17) FOURTHI.v. Part of Parcel Streets-I, Section IOM-757 being Block 89, Plan IOM-757 forming part of Nash Road; (8) FIFfHI .Y: Part of Parcel Block 54-1, Section IOM-756 being Blocks 54 and 55, Plan lOM-756 fOrming part of Nash Road; (7) ':; AD of the lands descnbed above are in the Municipality of Oarington, Region Municipality of Durham, Land Titles Division of Durham (No. 40). ~II i lill ;,'_f II II ill II II ;1 f 'I ~; II ! I - - II , :- II 1- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 41 Being a By-law to authorize the Municipality of Clarington to apply to be owner of a portion of Old Scugog Road and to assume such portion of the public highway for public use. WHEREAS the lands and premises set out in the attached Schedule HAil form part of the local road known as Old Scugog Road; AND WHEREAS ownership of such lands has been entered at the Land Registry Office at Whitby in the name of The Regional Municipality of Durham. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts the following: 1. That the Corporation apply to the Land Registrar at Whitby to be the owner of the lands and premises set out in the attached Schedule "An and that such lands and premises are hereby assumed by the Corporation for public use. 2. That the Municipality's solicitor is hereby authorized to make such application. BY-LAW read a first and second time this lOth day of March, 1997. BY-LAW read a third time and finally passed this lOth day of March, 1997 . MAYOR DEPUTY CLERK SCHEDULE "A" to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 97-lU I I I I I Parcel A-I, Section M-737 being Block A, Plan M-737, Municipality of Clarington, Regional Municipality of Durham, Land Titles DiVision of Durham (No. 40). Q, I I I I I I I I I I I I I I II ! II III THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BYd.AW 97- 42 jll ill Being a By-law to authorize the Municipality of Clarington to apply to be owner of the local roads within Plan 40M-774 and to assume such local roads for public use. WHEREAS the lands and premises set out in the attached Schedule HAil form part of the local road system; " 'II I AND WHEREAS ownership of such lands has not been entered at the Land Registry Office at Whitby in the name of The Corporation of The Municipality of Clarington. NOW THEREFORE, the Council of The Corporation of Clarington enacts the following: 1. That the Corporation apply to the Land Registrar at Whitby to be the owner of the lands and premises set out in the attached Schedule nAil and that such lands and premises are hereby assumed by the Corporation for public use. I II II 2. That the Municipality's solicitor is hereby authorized to make such application. BY-LAW read a first and second time this lOth day of March, 1997. BY-LAW read a third time and finally passed this lOth day of March, 1997. I I MAYOR I I DEPUTY CLERK I I I I I SCHEDULE "A" to THE CORPORATION OF THE MUNlCIPALI1Y OF CLARINGTON By.L\W NUMllER 97-.!J]. I I I Parcel Block 13-1, Section M-774 being Block 13 and Timberlane Court, Plan M-774, Municipality of Qarington, Regional Municipality of Durham, Land Titles Division of Durham (No. 40). I I I I I I I I I I I I I I I I II i , II 111 III I, III " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 43 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.S.O. 1990, c.H.S, as amended, provided that: 'II The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements. of subsection 1 with respect to the posting of notice apply thereto. I AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. I NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: I 1. 'l'HAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the posted one (1) lane bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: I I a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, I b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and I c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. I BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC I Descriotion Road I MTO No. 021-0182 Structure No. 93003, .4 krn south of Toronto Street, Lot 27/28, Concession 1 Mill Street (Newcastle) 25 44 60 I 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I I I - 2 - I 3. This By-law shall not-become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this 10th day of March, 1997. I BY-LAW read a third time and finally passed this lOth day of March, 1997. I I MAYOR I DEPUTY CLERK I I I I I I I I I I I I II , " ~ III 111 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-44 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington III WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.O. 1990, c.H.B, as amended, provided that: ., j.i III The municipal corporation or other authori ty having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. 11,'1 n I, I,ll ti I 111 AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: I 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: j I 'I i, I i I I i a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and I II c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. I BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC II I II II I II i DescriDtion Road MTO No. 021-0414 Structure No. 94023 .020 km north of Concession Street, Lot 12, Concession 2, C.P.R. Mile 164.15 Prospect Street (Bowmanville) 2 nla nla 2. THAT any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. THAT this By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of .Ontario. 3. I I I - 2 - I 4. THAT By-law No. 94-173 is hereby repealed. BY-LAW read a third time and finally passed this 10th day of March, 1997. BY-LAW read a first and second time this 10th day of March, 1997. I I I MAYOR I DEPUTY CLERK I I I I I I I I I I I I I I 'i ill III ! III ~; , III ; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-45 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.S.O. 1990, c.H.S, as amended, provided that: III I III III il , I, III I' I The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: I al In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, I bl In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and , ., I c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (cl below. II I II BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC Descri'Dtion Road , , II , !! II I II , II MTO No. 021-0387 Structure No. 98013 1.12 km south of Concession Road 1 Lot 2/3, B.F.C., C.N.R. Mile 279.10 Nichols Road (Former Township of Clarke) 7 12 20 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I - 2 - I 3. This By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second" time this 10th day of March, 1997. I BY-LAW read a third time and finally passed this 10th day of March, 1997 . I I MAYOR I I DEPUTY CLERK I I I I I I I I I I I !II I III THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 46 1.'11 ! !II A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington III WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.O. 1990, c.H.S, as amended, provided that: III il f: The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subBect~on 1 with respect to the posting of notice apply thereto. II ill ': 111 I JII I III AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, I b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and I c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. ~ ' il III II t II i II 'I I BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC DescriDtion Road MTO No. 021-0385 Structure No. 98011 1.1 km south of Concession Road 1 Lot 2/3, B.F.C., C.P.R. Mile 150.35 Nichols Road (Former Township of Clarke 7 12 20 2. Any person violating the provisions of this By-law shall be subj ect to the penal ties provided in Section 125 of the Highway Traffic Act. I - 2 - I 3. This by-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this lOth day of March, 1997. BY-LAW read a third time and finally passed this 10th day of March, 1997. I I I MAYOR I DEPUTY I CLERK I I ~ I I I I I I I I II 1_ , ill THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 47 111 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington 111 'II !II t, 111 III WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.D. 1990, c.H.S, as amended, provided that: The municipal corporation or other authori ty having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsectio~ 1 with respect to the posting of notice apply thereto. AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: ',',II ,I ,I 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: ill ill . III a) In the case of a single vehicle, or where the same maximum gross. weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and I c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. 111 L BRIDGE WEIGHT RESTRICTIONS !II ;.i III !., :'i Descrintion Road Column 3 Gross Weight (Tonnes) ABC Column 1 Column 2 III "J II !' , II MTO No. 021-0402 Structure No. 99043, .6 km north of Concession Road 6, Lot 14/15, Concession 6 Cedar Park Road 5 (Former Darlington Township) n/a n/a 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I - 2 - I .3. This By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this lOth day of March, 1997. I BY-LAW read a third time and finally passed this 10th day of March, 1997. I I MAYOR I DEPUTY CLERK I I I I I I I I I I I I II ~,II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 48 II A By-law to Authorize the Restriction of Weight of Vehicles Passing OVer Specific Bridges within the Municipality of Clarington :11 WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act R.B.O. 1990, c.H.a, as amended, provided that: II The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of Subsection 1 with respect to the posting of notice apply thereto. ill 'II AND WHEREAS it is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. II NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: III 111 I III III 1 ill 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road unde.r the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below1 b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and ..., III '! II c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in. Column 3 (c) below. BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight {Tonnes} ABC 'I DescriDtion Road II II I MTO No. 021-0091 Structure No. 94025 .5 Ian east of Durham Regional Road 57, Lot 14, Concession 2 Jackman Road (Bowmanville) 15 24 34 2. Any person violating the prov~slons of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. II I ,.. I - 2 - I 3. This By-law~shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this 10th day of March, 1997. I BY-LAW read a third time and finally passed this lOth day of March, 1997. I I MAYOR I I DEPUTY CLERK I I " I I I I I I I I I I II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON. BY-LAW 97- 49 :1 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington jl II WHEREAS Subsection 2 of Section 123 of the Highway Traffic Actr R.B.D. 1990, c.H.S, as amended, provided that: '..'.1 " !i The municipal corporation or other authori ty having jurisdiction over a bridge may by by-law approved by the Ministry limit the groBs weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. II AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. :1 I NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: :1 II 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: il 11 a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b} In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and I c} In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnesl ABC 'I Descri'Dtion Road [I MTO No. 021-0092 Structure No. 99023, 1 Jon south of Durham Region Road 4, Lot 16, Concession 4 Old Scugog Road (Former Darlington Townsbip) 9 16 24 :1 II 2. Any person violating the prov~s10ns of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I I - 2 - I 3. ".Thi.s By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this lOth day of March, 1997. I BY-LAW read a third time and finally passed this lOth day of March, 1997. I I MAYOR I DEPUTY CLERK I I I -~ I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- 50 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.O. 1990, c.H.S, as amended, provided that: The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: a) In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b} In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and c) In the case of a combination of three (3} vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC Descriotion Road MTO No. 021-0183 Structure No. 98003 at Stephenson Road, Lot 22/23, B.F.C., C.N_R. Mile 284.60 Lakeshore Road (Former Township of Clarke) 5 10 16 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I - 2 - I 3. This By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this 10th day of March, 1997. I BY-LAW read a third time and finally passed this 10th day of March, 1997. I I MAYOR I I DEPUTY CLERK I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-51 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.a. 1990, c.H.S, as amended, provided that: The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: a) In the case of a single vehicle, or waere the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (c) below. BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC Descriotion Road MTO No. 021-0384 Structure No. 99015 . 8 km north of Concession Street East, Lot 4/5, Concession 2, C.P.R. Mile 161.84 Providence Road (Former Darlington Township) 12 20 30 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I - 2 - I 3. This By-law shall notc.;oecqrne effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has ,been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this lOth day of March, 1997. I BY-LAW read a third time and finally passed this lOth day of March, 1997. I I MAYOR I DEPUTY CLERK I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-52 A By-law to Authorize the Restriction of Weight of Vehicles Passing Over Specific Bridges within the Municipality of Clarington WHEREAS Subsection 2 of Section 123 of the Highway Traffic Act, R.B.O. 1990, c.H.S, as amended, provided that: The municipal corporation or other authority having jurisdiction over a bridge may by by-law approved by the Ministry limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of subsection 1 with respect to the posting of notice apply thereto. AND WHEREAS if is deemed expedient to limit the weight of vehicles passing over certain bridges in The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT no vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over the bridge described in Column 1 on the road under the jurisdiction of The Corporation of the Municipality of Clarington, as described in Column 2, with a weight in excess of the limits set out in Column 3 where: a} In the case of a single vehicle, or where the same maximum gross weight applies to single and combination vehicles, the gross weight exceeds the number of tonnes set out in Column 3 (a) below, b) In the case of a combination of two (2) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (b) below, and c) In the case of a combination of three (3) vehicles the gross weight exceeds the number of tonnes set out in Column 3 (cl below. BRIDGE WEIGHT RESTRICTIONS Column 1 Column 2 Column 3 Gross Weight (Tonnes) ABC Descrintion MTO No. 021-0041 Structure No. 99045, .7 km north of Concession Road 7, Lot 20/21, Concession 7 Holt Road 18 (Former Darlington Township) 31 42 Road 2. Any person violating the provisions of this By-law shall be subject to the penalties provided in Section 125 of the Highway Traffic Act. I - 2 - I 3. This By-law shall not become effective until notice of the limit of weight permitted in compliance with the regulations under the Highway Traffic Act has been posted in a conspicuous place at each end of the bridge, and until approved by the Ministry of Transportation of Ontario. I BY-LAW read a first and second time this lOth day of March, 1997. I BY-LAW read a third time and finally passed this 10th day of March, 1997. I MAYOR I I DEPUTY CLERK I I I I I I I I I I I I