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
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To:
From:
Date:
Subject:
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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your agenda should be withdrawn.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
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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
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1-2
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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
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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";
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Council Agenda
COMMUNICATIONS
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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
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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;
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Council Agenda
REPORTS
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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
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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
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Council Agenda
BY-LAWS
97-52
OTHER BUSINESS
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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
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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
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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
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Council Minutes
COMMUNICATIONS
D -1
Proclamation of
Cancer Month
M02.GE
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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
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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
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D -10
Request for
Financial
Contribution
F11.CH.
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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!!
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Council Minutes
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COMMUNICATIONS
D-ll
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Proclamation of
International Day
For the Elimination
of Racial
Discrimination
M02.GE
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D - 12
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Proclamation of
Easter Seal Month
M02.GE
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D-3
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Fluoride in
Drinking Water
S06.GE
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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
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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"
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Council Minutes
COMMUNICATIONS
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D - 9
Provincial Freeway
Improvement
Priorities
Region of Durham
T05.HW
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MOTION
NOTICE OF MOTION
COMMITTEE REPORTS
Report #1
G.P.A Report of
February 17, 1997
UNFINISHED BUSINESS
Bethesda House
Grant Application
F05.BU
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Snow Removal
T06.GE
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- 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"
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Council Minutes
OTHER BUSINESS
Councillor
A. Dreslinski
Elected as Chair
Ganaraska Region
Conservation
Authority
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Regional Update
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CommitteelBoards
Update
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- 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
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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../) ;
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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
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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.
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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
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RG. -;2..
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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!
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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.
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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
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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
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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
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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
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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
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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)
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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.
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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.
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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
-.
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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
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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
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~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
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(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
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(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
~
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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
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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.
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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.
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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.
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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
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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
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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
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OFFICIAL PLAN OF THE
REGIONAL MUNICIPALITY
OF DURHAM
Attachmen t 1
--~-l REGIONAL
!STRUCTURE
,
."
MAP
L~ ffJ
Lake Ontario
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Attachment 2
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LIGHT INDUSTRIAL AREA
File: LOPA C-96-001
WATERFRONT GREENWAY
Municipality of Clarington
DISTRICT PARK
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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. ;
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(613) 996.96&1, (4,16) 298-4224
(613) 992.S234 i
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COUNCIL INFORMATIONI
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GREATER TORONTO AREA FEDERAL L1~RAL CAUCUS
,
1-5
For Immediate Rei....
February 211997
PRESS RELEASE:
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GTA CAUCUS URGES CAUTION ON BOU$NG TALKS
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Ou.....a: The Cederal Libera! Greater Toroctn Area (OT A) eal.1eu, today urged the
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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
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II - .. :~---r- ~. ... ..Contact:
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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 **
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~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
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COUNCIL INFORMATION
Ontario Video Gaming Corporation
1-7
E. Marshall Pollock, Q.C.
President and C.E.O.
February 12th, 1997
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fED 2 4 1997
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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.
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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
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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.
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E. Marshall Pollock, Q.C.
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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.
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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;-.~:
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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
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MEMBERSHIP:
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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.
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COUNCIL INFORMATION
1-9
FED 20 1121 AM '97
February 16,1997.
II King Street,
Newcastle Ontario,
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Mr. D. Malowney. Director of Education,
Northumberland & Clarington Board of Education,
834 D'arcy SI. N.
Cobourg Ontario K9A4L2.
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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.
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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
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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
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/Name: IIHelen Harper IIMichele LalondellCarl1senburg ,
IPhone:II(416) 327-023~1(416) 327-0252 11(905) 433-58041
January 16, 1997
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MMAH - News Releases I Communique
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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;
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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
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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.
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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
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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
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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,
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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COMMUNICATIONS FOR INFORMATION
I - 14
~\CIP4{
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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
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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:
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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.
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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.
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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?
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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, . ", .. '_". .,
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Executive Director
NOTE: A copy of the
in the Clerks
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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..""!:"""';:
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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
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'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
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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
.".------.---.....
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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!
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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-
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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!
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Denis Kelly
City Clerk
RC:cp
Att_
G:'GB\21'GENERAL'<l4FEBll
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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
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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 -
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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
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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.
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. 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.
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. 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.
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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
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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-
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. 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
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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.
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- 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.
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. 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
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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.
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. The Province is eliminating the .
Business Occupancy Tax.
~~FEB11.04
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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.
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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.
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-7.
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. 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).
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. 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.
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. The New Act allows for the .
deferral of assessment related
tax increases on residential for
low income seniors, and low
income disabled.
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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.
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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
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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).
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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
--
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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
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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
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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.
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4. Estimated CDSt of medicalion ror seniors Province wide.
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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
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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
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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
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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
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, 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
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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)
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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~~
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Attention:
Mr. C. W. Lundy
Regional Clerk
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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 -
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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.
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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.
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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,
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j0'UGINAl
('(if'iES T:
Sincecely, ,
~~.' GrJdJ;.
Lois Corbett
Executive Director
!"."
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Encl.' Return To Reuse Report
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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
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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-
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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
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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
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y~ fir
sleven F. Brickell, AM.C.T., C.M.C.
City aerk.
Ikf
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c.c. Mr. Gary Stewart, M.P.P.
..-1
1
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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
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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)
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Gaming
Control
Commission
2nd Froor
1099 Bay Sl
Talonlo ON MsS 283
Commission
des
jeux
2. elage
1099 rue Bay
Toronlo ON MSS
283
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-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
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ON -I./e- /. T~
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and srlvaled in the municipality of
et silues dans Ia municipalil~ d
(';",-,~"-mAi
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"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.
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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 ,
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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
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.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.
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(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
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G-e IMS,sy /)/11
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/::J. n,~~ l.~rL SY.
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L31"-f 31<3
5. Price per unil
Prix par unile
$
54'&7 ['-::,Ct'T"',c,e~)
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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.
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1 Ye4r.
(maximum ~period).
(period& de six mois au maximum).
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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.'<'
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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
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01 (municipalily)
de (municipalile)
aPH?/,.~rnN
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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:
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(1) We have knowledge olthe mailer herein set oUl,
Nous avons pris connaissance des points sp6ciMs dans les prllsenles,
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(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,
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(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.
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(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.
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(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.
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Signature
Sigryature
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Principal 0I5cer
Pri n\
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Name in lull/Nom au comptet
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Titlerritre
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AddressJAdresse
7.Jh'O~/"'''-'.lJ,e.
,#~A-AJVIU,.c .01
OatelOate
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Bus. Phone/nt all.
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Witness (sign)
Signature du temain
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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)
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Clarington Council
February 19, J 997
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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
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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
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HIG WAY
KING
T-
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DEV. 96-067
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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
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j eR;G1NAL
; :-:-'!':S TO,
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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
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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".
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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:_
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ICK96"FM
Durham.s~Country I
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Robert J. Marshall
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COUNCIL DIRECTION
D - 8
Canadian Red Cross
IBlBCCIBIIWI!)])
Croix-Rouge canadienne
MAR
3 1997
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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 ..
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t mHGiNAL
'-....---.
~ COPifS TO:
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t--------
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Steve Stewart,
President.
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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
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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_
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J_'.~.'~:.:.._
~~.I.[~ TO:
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Frank Murphy' a 0-
Executive Director
Head Injwy Association of Durham Region
FM/dls
e A United Way Member Agency
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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;
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- .,-<-,;,
o<9-ev
Donald G.
Clerk
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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
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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:
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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-'
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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-
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Yours sincerely,
~~~
S TO:
,
--
-
.-,.
_._-
--
--
,flpl..;l ;:/;.
Preston Manning, M.P.
Leader,
Refonn Party of Canada
PM:jmc
L.,..
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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
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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
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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.
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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.
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. 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..
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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.
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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.
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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: !
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Dr. Kathlynn Hoch, D.C., F.I.A.C.A. I i
Clinic Director/Certified Rehabilitation Consultant 1- I
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*Please provide copies to Town Councilor others who should read thisj-'---- I
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2.3~ Kine Street E-t. Bowrna.....illo. Onto LIC IPS. PhoDe/FaJ;, (905) 62;;_8202
""..".=.H.__~"",,-._
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F uori
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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.
,
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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~
=,
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Food
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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
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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
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.'
~
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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
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In jl.lS[ 7 days, the skin returned
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This luxurious facial cream
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CAMOCARE is now available at
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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
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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
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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"
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L__.
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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~)
~
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~....-
,
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
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!"'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
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"
'.
.,
An historic study was recently
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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
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In just 7 days, the skin returned
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This luxurious facial cream
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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
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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
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_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;
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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.
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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.
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee
ROLL CALL
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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
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" March 3, 1997
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DELEGATIONS
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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:
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. 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.
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Ms. Racansky noted the following points pertaining to Report PD-31-97-
Tree Preservation By-law:
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. 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.
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(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.
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(c) Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 1J9 - re: Report
PD-31-97 - requested a written response pertaining to the following:
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. 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.
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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:
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(a) Proposed Zoning By-law Amendment- Part Lot 16, Concession 1, former
Township of Darlington - West Bowmanville Developments Ltd.
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G.P.& A. Minutes
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March 3, 1997
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PUBLIC MEETINGS CONT'D.
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(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"
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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;
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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;
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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
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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;
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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;
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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"
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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
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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"
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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.
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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
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,.,
Diane Hamre, Mayor
Marie P. Knight, Deputy Clerk
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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;
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"CLERK' shall mean the Clerk of the Corporation of the Municipality of Clarington;
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"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;
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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;
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(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.
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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
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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
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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;
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(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;
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(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;
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(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
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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.
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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.
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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
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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
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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
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Name:
Address:
CONDmONS
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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.
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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.
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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.
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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;~
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:';:.'-:':'=;:":':'':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
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SCHEDULE "G" TO BY-LAW NO. 97-
APPOINTMENT AND DESIGNATION OF OFFICERS
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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
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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.
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CERTIFICATE ISSUED nns _DAY OF
199
Director of Planning and Development
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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;
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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
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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
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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)
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THE CORPORATION'OF THE MUNICIPAllTY OF CLARINGTON
II
BY-LAW NUMBER 97-37
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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
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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:
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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.
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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.
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Mayor
Deputy Clerk
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Attachment #1 to By-Law #97-
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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)
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97- 38
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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.
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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.
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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.
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MAYOR
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DEPUTY CLERK
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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)
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. 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)
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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;
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(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)
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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)
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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)
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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)
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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;
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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)
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(72)
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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)
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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)
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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;
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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)
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All of the lands described above are in the Municipality of Oarington, Regional Municipality
of Durham.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97- 39
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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.
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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.
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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.
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MAYOR
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CLERK
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SCHEDULE "A"
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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)
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TWELTHLY:
Part of Parcel Reserves-I, Section 10M-797 being
Block 164 on Plan lOM-797 forming part of
Robert Adams Drive; (16)
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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)
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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)
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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)
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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)
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.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;
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all being in the Municipality of Clarington, Regional Municipality of Durham, Land Titles
Division of Durham (No. 40).
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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
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DEPUTY CLERK
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FIRSTLY:
Parcel Block 5-1, Section IOM-752 being Block 5,
Plan IOM-752 forming part of Hancock Road;
(5)
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SCHEDULE "A"
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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)
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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)
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AD of the lands descnbed above are in the Municipality of Oarington, Region Municipality
of Durham, Land Titles Division of Durham (No. 40).
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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
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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).
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BYd.AW 97- 42
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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;
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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.
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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.
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MAYOR
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DEPUTY CLERK
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SCHEDULE "A"
to
THE CORPORATION OF THE MUNlCIPALI1Y OF CLARINGTON
By.L\W NUMllER 97-.!J].
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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).
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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:
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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.
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AND WHEREAS if is deemed expedient to limit the weight of vehicles
passing over certain bridges in The Corporation of the Municipality
of Clarington.
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NOW THEREFORE the Council of The Corporation of the Municipality of
Clarington enacts as follows:
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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:
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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,
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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
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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.
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BRIDGE WEIGHT RESTRICTIONS
Column 1
Column 2
Column 3
Gross Weight
(Tonnes)
ABC
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Descriotion
Road
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MTO No. 021-0182
Structure No.
93003, .4 krn
south of Toronto
Street, Lot 27/28,
Concession 1
Mill Street
(Newcastle)
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Any person violating the provisions of this By-law shall be
subject to the penalties provided in Section 125 of the
Highway Traffic Act.
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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.
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BY-LAW read a first and second time this 10th day of March, 1997.
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BY-LAW read a third time and finally passed this lOth day of March,
1997.
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DEPUTY CLERK
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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:
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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.
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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:
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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:
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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
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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.
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BRIDGE WEIGHT RESTRICTIONS
Column 1
Column 2
Column 3
Gross Weight
(Tonnes)
ABC
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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)
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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
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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