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HomeMy WebLinkAbout06/25/2007 CllJI!lJ.gtDll REPORT #1 REPORT TO COUNCIL MEETING OF JUNE 25, 2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, JUNE 18,2007 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-042-07 Monthly Report on Building Permit Activity for May, 2007 (b) OPD-006-07 2007 Winter Budget Report (c) ESD-010-07 Monthly Response Report - May 2007 (d) COD-027-07 Update - Newcastle Library Capital Project 2. FORWITH RECOMMENDATIONS (a) EGD-045-07 2007 Capital Budget Modification - Transfer of Funds (b) OPD-009-07 Two Way Radio Repeater (c) Orono 175th Anniversary - Fire Works Dispaly 3. HARBOURFRONT CENTRE APPLICANT: PORT OF NEWCASTLE HARBOURVIEW LTD. DEVELOPMENT THAT Report PSD-079-07 be received; THAT the application for Official Plan Amendment (COPA 2007-0006) submitted by Mr. Kelvin Whalen on behalf of Port of Newcastle Harbourview Limited to increase the Floor Space Index (FSI) from 0.75 to 1.7 to facilitate the proposed Harbourfront Centre development which consists of four (4), 4-storeyapartment buildings with 236 units and a five storey hotel building be referred back to staff; and THAT all interested parties listed in Report PSD-079-07 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 June 25, 2007 4. CONSTRUCTION TRAFFIC, PORT OF NEWCASTLE THAT the Director of Engineering Services investigate and report on the opportunity to implement a temporary by-I~w to regulate construction vehicle traffic in the Port of Newcastle area. 5. REZONING TO REDEFINE THE FRONT YARD OF SIX (6) TOWNHOUSE UNITS APPLICANT: PRESTONV ALE HEIGHTS LIMITED THAT Report PSD-080-07 be received; THAT the rezoning application submitted by Prestonvale Heights Limited be referred back to staff to complete the review and address any concerns raised at the public meeting; and THAT the Region of Durham, the applicant, all interested parties listed in Report PSD-080-07 and any delegations be advised of Council's decision. 6. ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE TO AN AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON THAT Report PSD-081-07 be received; THAT the rezoning application submitted by James Tosswill and Emily Wilson be approved; THAT the amending By-law attached to Report PSD-081-07 be forwarded to Council for approval; THAT a copy of Report PSD-081-07 and the attached amending By-law to PSD-081-07 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-081-07 and any delegation be advised of Council's decision. Report #1 3 June 25,2007 7. .PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE DEVELOPMENT APPLICANT: PRESTONV ALE HEIGHTS LIMITED THAT Report PSD-082-07 be received; THAT the rezoning application submitted by Prestonvale Heights Limited be approved and that the Zoning By-law Amendment attached to Report PSD-082-07 be passed by Council; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time as all the conditions related to the development of these lands have been fulfilled; THAT a copy of Report PSD-082-07, and the amending By-law attached to Report PSD-082-07 be forwarded to the Durham Regional Planning Department and the Municipal Property Assessment Corporation; and THAT the Region of Durham, the applicant, all interested parties listed in Report PSD-082-07 and any delegations be advised of Council's decision and forwarded a Notice of Adoption. 8. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 289143 ONTARIO LIMITED - WESTV ALE 18T -95023 (PHASE 3) THAT Report PSD-083-07 b~ received; THAT the application submitted by 289143 Ontario Limited to remove the Holding (H) symbol for Lots 1 to 77, Blocks 78 to 94, all inclusive as shown on the draft 40M-Plan for Phase Three (3) of Draft Approved Plan of Subdivision 18T-95023 be approved and that the By-law attached to Report PSD-083-07 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-083-07, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #1 4 June 25, 2007 9. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 7, 2007 THAT Report PSD-084-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on June 7, 2007 for Applications A2007 -0010, and A2007 -0024 to A2007 -0026 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 10. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HALLOWAY HOLDINGS LIMITED THAT Report PSD-085-07 be received; THAT the application submitted by Halloway Holdings Limited to remove the Holding (H) symbol be approved for Parts 6, 7, 8, and 18 on Reference Plan 40R- 24257 and a portion of Parts 5, 9, 13, 14, and 23 on Reference Plan 40R-24257; THAT the by-law to remove the Holding (H) symbol attached to Report PSD-085-07 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-085-07 and any delegations be advised of Council's decision. 11. OFFER OF COMPENSATION AND NOTICE REQUIRING POSSESSION TO TOM CAUCHON AND CHIGI AGBARU RESPECTING THE EXPROPRIATION OF LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK; PART 1 ON PLAN OF EXPROPRIATION DR593102 THAT Report PSD-086-07 be received; THAT an offer of a total of $215,000.00 as the market value of the lands identified as Part 1 on Plan of Expropriation DR593102 50 East Beach Road, Bowmanville, which have been expropriated, be approved; THAT the Director of Planning Services be authorized to send a letter offering Tom Cauchon and Chigweyaru Agbaru immediate payment of the difference between $215,000.00 being the market value of the Owners' land and the amount owed to Scotia Mortgage Corporation, the mortgagee of the land and to deliver a copy of Appraisal Group Inc.'s appraisal as of April 4th, 2007 to them; THAT payment of the amount required by the mortgage to Scotia Realty Corporation to that corporation from the market value of the land of $215,000.00 to discharge the mortgage to Scotia Mortgage Corporation registered as Instrument No. L T1010279 be approved and the Director of Planning Services be authorized to make the payment on behalf of the Municipality; Report #1 5 June 25, 2007 THAT the payment of an additional amount of $10,750.00 to Mr. Cauchon and Ms. Agbaru for 5% of the market value of the land as compensation for the taking of the land which was their residence on the day of taking of the land be approved; and THAT the Director of Planning Services be authorized to advise Mr. Cauchon and Ms. Agbaru that the Municipality of Clarington requires possession of the expropriated land on October 1 , 2007. 12. DECOE COURT SUBDIVISION, COURTICE PLAN 40M-2104 COMPLETION OF ALL OUTSTANDING WORKS THAT Report EGD-044-07 be received; THAT the developer's Letter of Credit be drawn in the full amount; THAT the Director of Engineering Services be authorized to expend said monies pursuant to all obligations incurred or to be incurred by the Corporation of the Municipality of Clarington in accordance with the Subdivision Agreement between 1413345 Ontario Inc. and the Corporation of the Municipality of Clarington; and THAT 1413345 Ontario Inc. and their surety (Scotiabank) be advised of Council's decision and be provided with a copy of Report EGD-044-07. 13. RESPONSIBILITY AGREEMENT, REGIONAL MUNICIPALITY OF DURHAM AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THAT Report EGD-046-07 be received; THAT the Region of Durham Resolution be received; THAT the Mayor and Clerk execute a responsibility agreement with the Region of Durham for the ownership and maintenance of the private sanitary sewage forcemain servicing the Newcastle & District Recreation Complex; and THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the said agreement. 14. SCHEDULE OF RATES AND FEES 2007/08 - 2008/09 THAT Report CSD-008-07 be received; and THAT Council approve the Rates and Fees Schedule (Attached to Report CSD-08-07) for the two (2) year period, September 1, 2007 to August 31,2009. Report #1 6 June 25, 2007 15. HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENT, RUDELL ROAD, NEWCASTLE THAT Report CSD-009-07 be received; and THAT the Mayor and Municipal Clerk be authorized to execute the easement agreement between the Municipality and Hydro One Networks Inc. contained as Attachment #1 to Report CSD-009-07. 16. ORONO ARENA AND COMMUNITY CENTRE REVIEW THAT Report CSD-010-07 be received; THAT the By-law to establish the Orono Arena and Community Centre be referred to the Clerk for review and to initiate the nomination process to appoint the prescribed members to the Board in accordance with the Municipal Act 2001 ; THAT a third party agreement between the Orono Arena and Community Centre Board and the Orono Amateur Athletic Association be referred to the Operations Department for coordination and report back to Council; THAT the Clerk's Department undertake a review of all existing by-laws establishing Boards under the former Community Recreation Centres Act with a view to establishing these Boards under the Municipal Act 2001 ; THAT a copy of Report CSD-010-07 be forwarded to the Orono Amateur Athletic Association and the Orono Arena and Community Centre Board and advised of action taken; and THAT all interested parties be advised of Council's decision. 17. WORLD RECORD WALK - OCTOBER 3, 2007 THAT Report CSD-011-07 be received; and THAT the Municipality of Clarington participate in the World Record Walk on Wednesday, October 3, 2007. 18. ANIMAL ADIVISORY COMMITTEE - REVISED TERMS OF REFERENCE THAT Report CLD-025-07 be received; and THAT the revised Terms of Reference for the Animal Advisory Committee be approved by Council. Report #1 7 June 25, 2007 19. LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE THAT Report COD-026-07 be received; THAT the offer from the Lions Club for the lease of space in the Clarington Beech Centre in the amount of $948.46 / month for the term of September 1, 2007 to June 30, 2008 be approved; and THAT the By-law marked Schedule "An attached to Report COD-026-07 authorizing the Mayor and the Clerk to execute the lease agreement with the Lions Club be forwarded to Council for approval. 20. TENDER CL2007-24, ELECTRICAL SERVICES THAT Report COD-029-07 be received; THAT George Moore Electric, Bowmanville, Ontario, with bid prices of $35.00 per hour for Journeyman Electrician and $17.50 per hour for Journeyman Electrician's Helper be awarded the contract to provide Electrical Services, as required by the Municipality of Clarington; and THAT the funds expended be drawn from the various Current Budget Accounts. 21. CL2007-7, ONE (1) 43,000 GVW SINGLE AXLE CAB & CHASSIS CIW DUMP BODY AND PLOW EQUIPMENT THAT Report COD-030-07 be received; THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in the amount of $165,903.12 (plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-7, be awarded the contract to supply One (1) 43,000 GVW Single Axle Cab & Chassis complete with Dump Body and Plow Equipment, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $165,903.12 (plus GST) be drawn from the Operations 2007 Capital Budget Account #110-36-388-83643-7401. Report #1 8 June 25, 2007 22. CL2007-6, TWO (2) TANDEM AXLE TRUCKS WITH PLOW EQUIPMENT THAT Report COD-031-07 be received; THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in the amount of $341 ,663.40 (plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-6, be awarded the contract to supply Two (2) Tandem Axle Truck with Plow Equipment, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $341,663.40.12 (plus GST) be drawn from the Operations 2007 Capital Budget Account #110-36-388-83642-7401. 23. CL2007-17, COLWILL BRIDGE WATER COURSE REALIGNMENT, BOWMANVILLE CREEK EAST BRANCH THAT Report COD-032-07 be received; THAT 560789 Ontario Limited, c/o R & M Construction, Acton, Ontario with a total revised bid in the amount of $164,436.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-17, Colwill Bridge Watercourse Realignment, Bowmanville Creek East Branch as required by the Engineering Department; THAT funds required in the amount of $245,000.00 (which includes $164,436.00 Tendering, Consulting and Contingencies) be drawn from Engineering 2007 Capital Account #110-32-342-83315-7401; and THAT the By-law marked Schedule "A" attached to Report COD-032-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Report #1 9 June 25, 2007 24. CL2007-18, SIDEWALK CONSTRUCTION, EAST SIDE OF WEST TOWNLlNE ROAD, COURTICE THAT Report COD-033-07 be received; THAT Lafarge Paving and Construction Ltd, Oshawa, Ontario with a total bid in the amount of $159,081.64 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-18, be awarded the contract for the Sidewalk Construction, East Side of West Townline Road, Courtice as required by the Engineering Department; THAT the total funds required in the amount of $200,000.00 ($159,081.64 tender, plus contract administration, contingencies and hydro relocation) be drawn from Engineering 2007 Capital Account #110-32-331-83321-7401; and THAT the By-law marked Schedule "A" attached to Report COD-033-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 25. CL2007-19, ASPHALT RESURFACING CONTRACT 1 THAT Report COD-034-07 be received; THAT Miller Paving Limited, Whitby, Ontario with a total bid in the amount of $814,385.62 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-19, be awarded the contract for the Asphalt Resurfacing Contract #1 as required by the Engineering Department; THAT the total funds required in the amount of $1,008,000.00 ($814,385.62 tender, consulting and contingencies) be drawn from Engineering 2007 Capital Account #110-32-330-83212-7401; THAT the remaining funds in the amount of $617,000.00 be transferred to the Asphalt Resurfacing Contract 2; and THAT the By-law marked Schedule "A" attached to Report COD-034-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Report #1 10 June 25, 2007 26. REQUEST FOR PROPOSAL RFP2007-1, JANITORIAL AND SANITARY PAPER SUPPLIES THAT Report COD-035-07 be received; THAT the proposal received from Swish Maintenance Limited, Peterborough, Ontario being the lowest and most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2007-1 be awarded the contract for the provision of the Janitorial and Sanitary Paper supplies for a three year term. This contract has an estimated value of approximately $270,000.00, (excluding GST); THAT staff be authorized to extend the contract for up to an additional two years pending satisfactory pricing, service and agreement by the Durham Purchasing Co-operative; and THAT the funds required be drawn from the respective operating departments. 27. TENDER CL2007-28, PLUMBING SERVICES THAT Report COD-036-07 be received; THAT Brent's Plumbing & Heating Limited, Courtice, Ontario, with bid prices of $55.00 per hour for Journeyman Plumber and $30.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services, as required by the Municipality of Clarington; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the various Current Budget Accounts. Report #1 11 June 25, 2007 28. CL2007-22, CHURCH STREET TO ST. GEORGE STREET RECONSTRUCTION THAT Report COD-037-07 be received; THAT F.D.M. Contracting Company Limited, Thornhill, Ontario with a total bid in the amount of $562,974.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007 -22, be awarded the contract for the Church Street to St. George Street Reconstruction as required by the Engineering Department; THAT funds required in the amount of $732,000.00 (which includes $562,974.00 tendering, consulting and contingencies and less the Region of Durham portion) be drawn from Engineering 2007 Capital Accounts # 110-32-330-83211-7401 Church Street in the amount of $408,000.00 and 110-32-330-83289-7401 St. George Street in the amount of $324,000.00; THAT the tender award be subject to the approval of the Regional Municipality of Durham for their portion of the work; and THAT the By-law marked Schedule "A" attached to Report COD-037 -07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 29. CL2007-26, CONCESSION ROAD 3 BRIDGE REHABILITATION AT POLLARD ROAD THAT Report COD-038-07 be received; THAT Baltimore Development & Services Limited, Cobourg, Ontario with a total bid in the amount of $89,530.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-26 be awarded the contract for Concession Road 3 Bridge Rehabilitation at Pollard Road as required by the Engineering Department; THAT funds required in the amount of $126,000.00 (which includes $89,530.00 tendering, consulting and contingencies from the 2007 Budget) be drawn from Engineering 2007 Capital Account # 110-32-329-83319-7401; and THAT the By-law marked Schedule "A" attached to Report COD-038-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Report #1 12 June 25, 2007 30. CL2007 .21, ELGIN STREET RECONSTRUCTION THAT Report COD-039-07 be received; THAT Hard-Co Construction Ltd, Whitby, Ontario with a total bid in the amount of $1,616,400.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007 -21 be awarded the contract for the Elgin Street Reconstruction as required by the Engineering Department; THAT funds required in the amount of $762,000.00 (which includes $1,616,400.00 tendering, consulting and contingencies and less the Region of Durham portion) be drawn from Engineering 2007 Capital Accounts # 110-32-330-83291-7401; THAT the tender award be subject to the approval of the Regional Municipality of Durham for their portion of the work; and THAT the By-law marked Schedule "A" attached to Report COD-039-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 31. TENDER NO. T329-2006 CO-OPERATIVE TENDER FOR STATIONERY SUPPLIES AND PRINTER TONER CARTRIDGES THAT Report COD-040-07 be received; THAT Corporate Express Canada Inc., Mississauga, Ontario with a total bid in an approximate amount of $84,000.00 per year (plus GST and PST) for the Municipality of Clarington, being the lowest responsible bidder meeting all terms, conditions, and specifications for Parts A and B of Co-op Tender T329-2006, be awarded the contract to supply stationery and printer toner products for a three year term to expire June 30,2010, as required by the Municipality of Clarington; THAT staff be authorized to extend the contract for up to an additional two years pending satisfactory pricing, service and agreement by the Durham Purchasing Co-operative; and THAT the funds be provided from the departmental operating accounts during the term of the agreement. 32. ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31, 2006 THAT Report FND-012-07 be received; and THAT a copy of this Report FND-012-07 be sent to the Ministry of Municipal Affairs and Housing. Report #1 13 June 25, 2007 33. 2007 I 2008 INSURANCE PROGRAM THAT Report FND-013-07 be received; and THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2007 to June 30, 2008 at an approximate cost to Clarington of $644,900 be approved. 34. DEVELOPMENT CHARGES BY-LAW AMENDMENT: MAJOR OFFICE BUILDINGS IN ENERGY AND SCIENCE PARKS THAT Report FND-014-07 be received; THAT based on a review of S10(2) of the Development Charges Act, there is no need to alter or amend the Development Charges Background Study, May 2005, prepared by Hemson Consulting Ltd.; THAT the exemption provided for in the amendment to the By-Law is proposed to be effective on September 10, 2007; and THAT a public meeting be held on September 4, 2007 in accordance with Section 19 of the Development Charges Act. 35. STRATEGIC BUSINESS PLAN THAT Report CAO-010-07 be received; THAT the 2007-2010 Strategic Business Plan be adopted; THAT the list of actions associated with each of the Business Objective be endorsed in principle; THAT staff proceed to implement the list of actions and to provide a status report to Council semi-annually; and THAT the Strategic Business Plan be posted on the municipal web site for the information of the general public. Report #1 14 June 25, 2007 36. LOBBYIST REGISTRATION SYSTEM THAT Report CAO-011-07 be received; THAT the presentation "An Overview of the Lobbyist Registry System" by the CAO be received; THAT Council not proceed with the introduction of a Lobbyist Registry System at this time until such time Members of Council have the opportunity to examine all the pros and cons of implementing such a system and until such time the Municipality acquires best practices knowledge and experience from similar size municipalities; and THAT the Chief Administrative Officer be directed to bring forth the necessary amendments to the existing Code of Ethics to ensure all Members of Council and staff are governed by clear and enforceable policies. 37. PAPER FIBRE BIO-SOLlDS WASTE WHEREAS Paper Fibre Bio-solids are being spread on agricultural lands and used as berms as an unregulated waste through their incorporation into "products" such as Sound-Sorb and Nitro-Sorb; WHEREAS the Municipality of Clarington along, with other municipalities and environmental groups, have endorsed the recommendations of the Experts Panel on Sound-Sorb and informed the Minister of the Environment of that support; WHEREAS the Experts Panel on Sound-Sorb confirmed that precautionary measures such as the monitoring of groundwater, composting of the material and control by Certificates of Approval (C of A) or similar legal agreements should be taken to ensure human and environmental health; WHEREAS the Minister has had some 24 months to consider the recommendations, as found on page 32, of the Experts report on the Ministry of Environment website at http://www.ene.Qov.on.ca/envision/techdocs/5011e.pdf; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is requesting the Minister of Environment to take action on the Experts Panel recommendations by providing both an update as to what the Ministry is contemplating, the alternatives they are exploring and a timeline for when these actions will be taken; and THAT the members ofthe Association of Municipalities of Ontario, Conservation Authorities, Association of Public Health Agencies, MPP John O'Toole, the Region of Durham, and the Durham Health Department be circulated with this resolution. Report #1 38. DELEGATION - RICK HOWE 15 June 25, 2007 THAT the delegation of Rick Howe be received; and THAT Rick Howe and the Orono Amateur Athletic Association be thanked for their participation and cooperation. 39. 2008 BUDGET - MUNICIPALITY OF CLARINGTON WHEREAS the 2007 property tax increase in Clarington was one of the highest increases in Durham Region; and WHEREAS the 8% plus municipal property taxes for residential owners in 2007 was totally unacceptable to the taxpayers of Clarington: NOW THEREFORE BE IT RESOLVED THAT staff be directed to bring forward the following: 1. A one-half day education session pertaining to the 2008 municipal budget be held prior to December 3, 2007; 2. A 2008 draft budget for the General Purpose and Administration Committee meeting of December 3, 2007; 3. A 2008 final budget for the January 28, 2008 Council meeting; and 40. 2008 BUDGET RATE - MUNICIPALITY OF CLARINGTON THAT item #4 of the foregoing Resolution #GPA-466-07, which reads as follows "The final 2008 final budget residential tax increase not to exceed 2% plus assessment growth" be tabled to the September 4, 2007 meeting. 41. CONFIDENTIAL LEGAL MATTER THAT the recommendations contained in Confidential Report COD-028-07 be approved.