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HomeMy WebLinkAbout02/09/1998 1 i i I MUNICIPALITY OF CLARINGTON COUNCIL MEETING FEBRUARY 9, 1998 - 7 : 00 P.M. FILE I i i i 0MUNICIPALITY OF ,1arington ONTARIO COUNCIL AGENDA DATE: February 9, 1998 TIME: 7 : 00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DECLARATIONS OF INTEREST MINUTES Minutes of a- regular meeting of Council held on January 26, 1998 . DELEGATIONS 1 . Linda Gasser, P.O. Box 399, Orono, LOB 1MO Report PD-12-98 . COMMUNICATIONS Receive for Information 1 1 Correspondence received from, Walter Taylor, Clerk, Township of Uxbridge Business Improvement Areas; I - 2 Correspondence received from Hossam Yassein, 201 King Street West, Oshawa, L1J 2J5 Racing Pigeons; I - 3 Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Reform of Ontario' s Social Housing System; I - 4 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - I Application to Amend the Durham Regional Official Plan (OPA94-007) & Deferrals No. 27 & 29 to the Municipality of Clarington Official Plan; 1 5 News Release received from Central Lake Ontario Conservation - 1998 CLOCA Board of Directors Take Office; 1 6 Correspondence received from Bruce Taylor, Town Clerk, Town of Pickering - Resolution re: Provincial Downloading; Uy CORPORATION OF THE MUNICIPALITY OF CLARINGTON i I C 4 I Council Agenda - 2 - February 9, 1998 COMMUNICATIONS I I - 7 Minutes of a meeting of the Clarke Museum & Archives held on January 6, 1998 ; I - 8 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Ministry of Natural Resources Withdrawal From Plan Review Responsibilities for Fisheries Habitat Protection; I - 9 Correspondence received from Miriam J. Heinz, Regulatory Co-ordinator, Consumers Gas - EBRO 497 Consumers Gas 1999 Test Year Rate Case - Notice of Application; I - 10 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on January 20, 1998 ; I - 11 Correspondence received from Ann Matheson, Kid'n Around - A Newspaper For Kids and Their Families; I - 12 CCF Bulletin #13 received from the Canadian Firearms Centre - Firearms Act; I - 13 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Highway 401 Widening, From Brock Road to Harwood Avenue - Environmental Study Report; I - 14 Correspondence received from Julian Luke, Youth Career Info Fair Co-ordinator - Youth Career Info Fair - March 23 & 24, 1998; I - 15 Correspondence received from The Honourable Janet Ecker, Minister of Community and Social Services - Ontario' s Welfare System; I - 16 Correspondence received from T. Schonberg, President, Memorial Hospital, Bowmanville - Letter of Appreciation; f I - 17 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Ministerial Order for Exemption of Regional Official Plan Amendments; and i I - 18 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Hydro Easement - Hetherington/Quinn. I i i i i I i Council Agenda 3 - February 9, 1998 COMMUNICATIONS Receive for Direction D - 1 Correspondence received from Reeve Dave Mack, Township of Elizabethtown - Requesting Financial Assistance for the Elizabethtown Disaster Relief Fund; D - 2 Correspondence received from June Hunter, President, Hospital Auxiliary, Memorial Hospital Bowmanville - Requesting Permission to Hold Tag Day; D - 3 Correspondence received from Lorna Hudder, Clerk-Treasurer, Township of Hagarty & Richards Recyclable Containers - Deposit and Refund System; D - 4 Correspondence received from William F. Bell, Mayor, Town of Richmond Hill - Ice Story January 28, 1998 - Challenge to Municipalities; D - 5 Correspondence received from Eileen Higdon, Durham Child Poverty Committee - Requesting Proclamation of Child Poverty Action Day; D - 6 Correspondence received from Susan Sawyer DaCosta, Hamiltons Insurance Service Ltd. - Lishman Proposal; D - 7 Correspondence received from Annabel and Henry Sissons, Lishman Proposal; D - 8 Correspondence received from Elizabeth Bovaird, Treasurer, Board of Management, Orono Town Hall - Requesting Proclamation of Orono Town Hall Day; D - 9 Correspondence received from The Brydson Family - Lishman Proposal; D - 10 Correspondence received from A.R. Jeffery Const . Ltd. , 1050 Simcoe Street North, Oshawa, L1G 4W5 - Requesting Street Lights; D - 11 Correspondence received from Debbie Flieler, - Letter of Resignation from the Bowmanville Museum Board of Directors; 1 I Council Agenda - 4 - February 9, 1998 i COMMUNICATIONS i D - 12 Correspondence received. from Bill Salter, President, Ontario Senior Games Association - Invitation to Apply as the Host of the 2000 Ontario Senior Games Association - Provincial Championships, Known as O.S.G.A. Actifest 2000; D - 13 Correspondence received from Richard C. Ducharme, Managing Director, GO Transit - GO Transit Bus Service; and i s D - 14 Application received from the Durham Central Agricultural Society to Manage and Conduct a Break Open Ticket Lottery in the Municipality of Clarington. MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of February 2, 1998; and 2 . Report CD-12-98 - Amendment to By-law 94-30, the Municipality of Clarington' s Lottery Licensing By-law. UNFINISHED BUSINESS BY-LAWS 98-28 being a by-law to amend By-law No. 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket (Nevada) lotteries, lottery schemes at bazaars and raffle lotteries (Report #2) ; I 98-29 being a by-law to amend By-law 84-63 , the Comprehensive Zoning By-law for the Corporation of j the former Town of Newcastle (Item #5 of Report #1) ; 98-30 being a by-law to amend By-law 84-63 , the Comprehensive Zoning By-law of the former Corporation of the Town of Newcastle (Item #6 of Report #1) ; i i i 1 Council Agenda - 5 February 9, 1998 BY-LAWS 98-31 being a by-law to authorize the Release of an Agreement with 290572 Ontario Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1742 (Item #7 of Report #1) ; 98-32 being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Animal Licensing Service Inc. (Item #10 of Report #1) ; 98-33 being a by-law to amend By-law 989-17, to provide for implementation and collection of an interim tax ,levy for 1998 and to repeal By-laws 74-23 and 80-145 (Item #2 a) of Report #1) ; 98-34 being a by-law to designate the property known for municipal purposes as 62-66 King Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0 .18; 98-35 being a by-law to designate the property known for municipal purposes as 5028 Main Street, Orono, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0 . 18; and 98-36 being a by-law to amend By-law 98-9, being a by-law to appoint Members to the Bowmanville Museum Board. OTHER BUSINESS BY-LAW TO APPROVE THE ACTIONS OF COUNCIL ADJOURNMENT MUNICIPALITY OF CLARINGTON Council Minutes January 26, 1998 Minutes of a regular meeting of Council held on Monday,January 26, 1998, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C.Trim Councillor T. Young Also Present: Chief Administrative Officer,W. H. Stockwell Director of Community Services,J. Caruana Fire Chief,M. Creighton Solicitor, D.Hefferon Treasurer,M. Marano Director of Public Works, S. Vokes Director of Planning and Development,F. Wu Clerk,P. Barrie DECLARATIONS OF INTEREST , Councillor Mutton indicated that he would be making a declaration of interest with respect to the adoption of the minutes of the meeting held on January 12, 1998. Councillor Novak indicated that she would be making a declaration of interest with respect to Correspondence Item I - 17, Item 1 a) of Report#1 and By-law 98-22. Councillor Schell indicated that he would be making a declaration of interest with respect to Correspondence Item I - 11. Councillor Young indicated that he would be making a declaration of interest with respect to Correspondence Items I - 8 and D - 2. MINUTES OF PREVIOUS MEETING Councillor Mutton made a declaration of interest during the meeting of January 12, 1998, and refrained from discussion and voting on the adoption of those minutes. i j I i Council Minutes - 2 - January 26, 1998 MINUTES Resolution #C-58-98 Moved by Councillor Novak,seconded by Councillor Rowe THAT the minutes of a regular meeting of Council held on January 12, 1998, be approved. "CARRIED" DELEGATIONS I Mr. Roger Anderson, Chair,Regional Municipality of Durham thanked the Municipality of Clarington for their assistance during the storm relief efforts in eastern Ontario and Quebec. He stated that the Regional Municipality of Durham can be more cost effective if the municipalities work together as one united team. Presently the Region is looking at their 1998 budget and Mr.Anderson indicated that it is not possible for the Region to cover the $10.3 million Provincial cut without raising tax dollars. At this time, he is unable to tell residents how much the tax increase will be, however, 11% is not out of the question at this time. Mr.Anderson indicated that he is working towards having the Regional Council meetings broadcast on cable television, thereby allowing residents across the Region to watch the proceedings of the meetings. Lua and Michelle Farnoush,students of Ontario Street Public School advised Council that on January 15, 1998, they approached their principal, Mr. Steve Fortier, and requested his permission to establish a relief drive to help our friends and neighbours in eastern Ontario and Quebec,who are recovering from the devastating effects of an ice storm. Immediately,a notice was sent to all parents asking them to participate in this humanitarian action. During the relief project, the girls were presented with the rarely given Principal's Award. i John Wells, addressed Council with respect to power systems and communications. He indicated that power distribution systems and trees do not mix as was evidenced by the devastation in eastern Ontario and Quebec. A solution to this problem is to place the distribution system underground in the same trenches as fibre optic cables. He encouraged Council to look at this option in future. Don Welsh, Co-Chair,Clarington Older Adults, provided Council with an update of the Association's activities. Following the decision of Council that the Older Adult Association be the management board for the new facility, the group met and a management board of six people was formed. It is the intention that this six-member board be responsible for operations until the centre is completed and a general meeting of members convened to elect a permanent board. An application to incorporate the association was made following the November 3, 1997 Council meeting. Following receipt of the incorporation document, application will be made to the Federal Government for charitable status. Council Minutes - 3 - January 26, 1998 DELEGATIONS In the meantime,members have been made aware that tax receipts from the municipality will be issued for any donations toward the Older Adults Centre. Mr. Walsh outlined other areas which the association has addressed since November. For a considerable amount of time last year, the Older Adults Association understood that the association would not be the management board for the Beech Avenue facility. During that time, it was unclear as to whose responsibility it would be to provide furnishings, equipment,dishes, make bookings, etc. Therefore,although financial concerns were high on their list of priorities, energetic fundraising has been almost non-existent. Discussions have been held with the Lions Club Members regarding the purchase of furniture, equipment,dishes, etc., and although they knew the purchases would not be used for six months, they had no choice but to decide to purchase approximately $20,000 worth of goods at that time. This has just about depleted the money the Older Adults Association had accumulated. Therefore,the Association has no alternative but to request$20,000 from the municipality at this time. Harvey Thompson, Chair,Port Granby Monitoring Committee, addressed Council with respect to Report ADMIN-3-98. Mr.Thompson stated that it is the Committee's unanimous opinion that without a very long and costly process, the waste material stored at the Port Granby site will not be accepted by any other community. The members also believe that the waste material cannot be transported safely to another location. The Committee,therefore,recommends: • That Council enter into discussions with the Minister of Natural Resources on the Port Granby site only. • That these discussions pertain to the improvement of the site for safe containment of the waste,i.e.: ° Moving some waste. • Protecting the bluffs to prevent further leaching and erosion. • Ensuring that the wastes are separated from the soil and the groundwater. • That these improvements contain the wastes for a very long time, i.e. 100 to 200 years or more. • That the discussions with the Ministry of Natural Resources only include storage of low-level radioactive waste from Clarington. • That the Port Granby Monitoring Committee be part of all discussions pertaining to this issue. • That the residents of the Port Granby area be consulted at various times during discussions of the issue of clean-up of the historic radioactive waste. I i Council Minutes - 4 - January 26, 1998 DELEGATIONS Mavis Carlton, advised that she would not be addressing Council as Harvey Thompson has previously done so. _ COMMUNICATIONS Resolution #C-59-98 Moved by Councillor Rowe,seconded by Councillor Trim THAT the communications to be received for information be approved with the exception of Items I - 2, I - 8, I - 10, I - 11, I - 14, I - 15 and I - 17. "CARRIED" I - 1 Correspondence received from Mery K Bowen,Regional Assessment Commissioner- 1997 Assessment Roll Return for 1998 Taxation; I - 3 Member Communication Alert received from the Association of Municipalities of Ontario entitled"Provincial Government Calls on Municipalities to Assist Their Eastern Ontario Twins'; I - 4 Member Communication Alert received from the Association of Municipalities of Ontario entitled"Province Provides $11 Million Funding For Public Health Programs'; i I - 5 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on January 6, 1998; I - 6 Minutes of the Executive Committee Meeting of the Central Lake Ontario Conservation Authority held on January 13, 1998; I - 7 Minutes of a meeting of the Bowmanville Museum Board held on December 10, 1997; I - 9 Correspondence received from The Honourable Al Leach - Land Use I Planning& Protection Act (Bill 20); 1 - 12 Correspondence received from the Canadian Firearms Centre- Canadian Firearms Act; 1 - 13 Correspondence received from Roger Anderson, Regional Chair, Regional Municipality of Durham-Letter of Appreciation; 1 - 16 Correspondence received from the Federation of Canadian Municipalities entitled"Members Advisory - Ice Storm'; and I i Council Minutes - 5 - January 26, 1998 COMMUNICATIONS I - 18 Correspondence received from M. Rostetter, Chief Administrative Officer,Town of Port Hope, addressed to The Right Honourable R. Goodale, Minister of Natural Resources Canada,forwardinc a letter from Jack W.L. Goering, , Low Level Radioactive Waste. 1 - 2 Resolution #C-60-98 Letter of Moved by Councillor Rowe,seconded by Councillor Trim Appreciation re: Waterfront THAT the correspondence dated January 6, 1998, from Margaret Carney, Regeneration Trust regarding the Waterfront Annual Meeting Regeneration Trust annual meeting,be received for information. M04.GE "CARRIED" I - 8 Councillor Young made a declaration of interest with respect to Correspondence Item I - 8; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Young indicated that his family's business is mentioned in the minutes of the Newcastle Community Hall Board. Resolution#C-61-98 Newcastle Moved by Councillor Rowe, seconded by Councillor Trim Community Hall Board Minutes THAT the minutes of the Newcastle Community Hall Board held on C06.NE December 15, 1997, be received for information. "CARRIED" I 1 - 10 Resolution #C-62-98 Resolution re: Moved by Councillor Rowe, seconded by Councillor Trim Low-Level Radioactive Waste Disposal Site THAT the correspondence dated January 9, 1998, from Mike Rostetter, Chief C10.AD Administrative Officer/Clerk,Town of Port Hope,regarding a disposal site for low-level radioactive waste,be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-63-98 Moved by Councillor Mutton, seconded.by Councillor Novak . j THAT the foregoing Resolution #C-62-98 be amended by adding the following thereto: and referred to Report #3 dealing with the same matter." "CARRIED" I Council Minutes - 6 - January 26, 1998 COMMUNICATIONS I The foregoing Resolution #C-62-98 was then put to a vote and CARRIED AS AMENDED. - I Councillor Schell made a declaration of interest with respect to Correspondence Item I - 11; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle of Canada Inc. Resolution #C-64-98 Proposed Moved by Councillor Rowe, seconded by Councillor Trim Community Relations ` Committee THAT the correspondence dated January 12, 1998, from Glenda Gies, President, (Blue Circle) Port Darlington Community Association with respect to the establishment of the L04.13L proposed Community Relations Committee,be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-65-98 Moved by Councillor Mutton,seconded by Councillor Rowe i THAT the foregoing Resolution #C-64-98 be amended by adding the following thereto: "and referred to staff for the development of the Committee's terms of reference." "CARRIED" The foregoing Resolution #C-64-98 was then put to a vote and CARRIED AS AMENDED. 1 - 14 Resolution #C-66-98 Development Moved by Councillor Rowe, seconded by Councillor Trim Charges By-law F21.DE THAT the correspondence dated January 14, 1998, from Jamie MacInnis, President,Oshawa-Durham Home Builders'Association, requesting to be informed of all meetings regarding the preparation of the new development charges by-law, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) i I i I Council Minutes - 7 - January 26, 1998 I COMMUNICATIONS Resolution #C-67-98 Moved by Councillor Schell, seconded by Councillor Young THAT the foregoing Resolution #C-66-98 be amended by adding the following thereto: I "and referred to staff for attention and action in this matter." "CARRIED" The foregoing Resolution#C-66-98 was then put to a vote and CARRIED AS AMENDED. I - 15 Resolution #C-68-98 Low-Level Moved by Councillor Rowe, seconded by Councillor Trim Radioactive Waste E07.GE THAT the correspondence dated January 12, 1998, from Ralph Goodale,Ministry of Natural Resources Canada,regarding the historic wastes in Clarington,Hope Township and the Town of Port Hope,be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-69-98 Moved by Councillor Novak, seconded by Councillor Young THAT the foregoing Resolution #C-68-98 be amended by adding the the following thereto: "and referred to Report #3 which deals with the same matter." The foregoing Resolution #C-68-98 was then put to a vote and CARRIED AS AMENDED. I - 17 Councillor Novak made a declaration of interest with respect to Correspondence Item I - 17; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that her husband is employed by the Canadian auto industry. Resolution #C-70-98 Canadian Auto Moved by Councillor Rowe, seconded by Councillor Trim Industry L10.FE THAT the correspondence dated January 14, 1998, from Joyce Savoline, Regional Chairman,Regional Municipality of Halton, regarding the Canadian Auto Industry, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) i Council Minutes - 8 - January 26, 1998 COMMUNICATIONS Resolution #C-71-98 Moved by Councillor Rowe, seconded by Councillor TrinT THAT the foregoing Resolution #C-70-98 be amended by adding the following thereto: "and that the resolution adopted by the Greater Toronto Mayors on January 16, 1998, be endorsed by the Council of the Municipality of Clarington." "CARRIED" 1 The foregoing Resolution #C-70-98 was then put to a vote and CARRIED AS AMENDED. D - 1 Resolution#C-72-98 Lishman Proposal Moved by Councillor Schell, seconded by Councillor Rowe D 14.DEV.97-058 THAT the correspondence received from Douglas Lycett and Henry Lorrain regarding the Official Plan Amendment and Zoning By-law Amendment Application submitted by Tunney Planning on behalf of Paula Lishman International Limited,be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject application; and THAT Douglas Lycett and Henry Lorrain be advised of Council's decision. "CARRIED" D - 3 Resolution #C-73-98 Lishman Proposal Moved by Councillor Schell, seconded by Councillor Rowe D14.DEV.97-058 THAT the correspondence dated January 14, 1998 from Ted Kilpatrick regarding the Official Plan Amendment and Zoning By-law Amendment Application submitted by Tunney Planning on behalf of Paula Lishman International Limited, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject application; and THAT Ted Kilpatrick be advised of Council's decision. "CARRIED" i i I Council Minutes - 9 - January 26, 1998 COMMUNICATIONS D - 4 Resolution #C-74-98 Lishman Proposal Moved by Councillor Schell, seconded by Councillor Rowe D 14.DEV.97-058 THAT the correspondence dated January 12, 1998 from Jacob Rodenburg, Naturalist,Wilmot Creek Outdoor Education Centre,regarding the Official Plan Amendment and Zoning By-law Amendment Application submitted by Tunney Planning on behalf of Paula Lishman International Limited,be received; THAT the correspondence be referred to the Commissioner of Planning, Region of Durham and to the Director of Planning and Development to be considered in conjunction with the subject application; and THAT Jacob Rodenburg be advised of Council's decision. "CARRIED" D - 5 Resolution#C-75-98 Older Adult Moved by Councillor Schell, seconded by Councillor Rowe Association A19.OL THAT the correspondence dated January 20, 1998, from Don Welsh and Annabel Sissons, Co-chairs,Clarington Older Adult Association,be received;and THAT Don Welsh and Annabel Sissons be advised that, in accordance with By-law 96-95, charitable donations made to the Older Adult Activity Centre for fundraising purposes,will be accepted by the Municipality of Clarington and retained in a separate reserve account and receipts issued to donors upon request. "CARRIED" D - 6 Resolution #C-76-98 Big Brothers Moved by Councillor Schell, seconded by Councillor Rowe Bowl for Millions M02.GE THAT the correspondence dated January 5, 1998 from Nancy Scott, Executive Director,Big Brothers of Clarington,regarding the Big Brothers'Bowl for Millions campaign,be received; THAT the week of February 15 to 22, 1998 be proclaimed"Big Brothers'Bowl for Millions Week" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted to Big Brothers of Clarington to fly their flag at the Town Square during the campaign; and THAT Nancy Scott be advised of Council's decision. "CARRIED" D - 2 Councillor Young made a declaration of interest with respect to Correspondence Item D - 2; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Young indicated that his family has recently purchased the lands which are the subject of this correspondence. I Council Minutes - 10 - January 26, 1998 COMMUNICATIONS Resolution #C-77-98 Proposed Botanical Moved by Councillor Schell, seconded by Councillor Rowe Park and Nature Centre- Orono THAT the correspondence dated December 15, 1997 from Liz Forster,secretary, D05.GE Brooklin Master Gardeners regarding the proposed botanical park and nature centre at Orono, be received;and THAT the correspondence be referred to staff for appropriate response. i °CARRIED" MOTION NOTICE OF MOTION COMMITTEE REPORTS Report #1 Resolution #C-78-98 I G.P.A. Report Moved by Councillor Mutton,seconded by Councillor Rowe January 19, 1998 THAT the General Purpose and Administration Committee Report of January 19, 1998, be approved with the exception of Item#1 a). "CARRIED" Item #1 a) Councillor Novak made a declaration of interest with respect to Item #1 a) of Report #1; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that the company mentioned in the recommendation conducts business with her employer. Resolution #C-79-98 CL97-28 Moved by Councillor Mutton, seconded by Councillor Rowe Animal Control Centre THAT Report TR-1-98 be received; F18.QU THAT Gerr Construction Limited, Bowmanville,Ontario,with a total bid in the amount of$325,789.00 (including net G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-28, be awarded the contract for the construction of the Animal Control Centre; THAT total funds required in the amount of$349,479.00 ($325,789.00 revised tendex amount + $23,690.00 professional fees, including net G.S.T.), be drawn from the following: a) $300,000.00 approved in 1997 budget as follows: $146,000.00 Development Charges Civic Administration Reserve Fund Account #1110-00188-0000; I ' I i Council Minutes - 11 - January 26, 1998 REPORTS $136,000.00 Municipal Capital Works Reserve Fund Account #1110-00189-0000; and $18,000.00 Animal Control Building Reserve Account #2900-00012-0001. b) $10,000.00 approved in 1996 Capital Budget for floor sealing in the existing building to be reallocated to new facility from Animal Control Building Reserve Account #2900-00012-0001; and C) Total additional funds required in the amount of$39,479.00 to be drawn from Development Charges Civic Administration Reserve Fund Account #1110-00188-0000 for $24,079.00 and Animal Control Equipment Reserve Fund Account #2900-00012-0000 for $15,400.00, FORTHWITH. "CARRIED" Report #2 Resolution#C-80-98 Municipal Moved by Councillor Novak, seconded by Councillor Mutton Operations Centre CL97-29 THAT Report TR-3-98 be received; F18.QU THAT Williams Communications Limited, Oshawa, Ontario,with a total bid in the amount of$27,919.70 be awarded the contract for the radio equipment required for the Municipal Operations Centre; THAT, as previously approved in Report TR-112-97, the funds required be drawn from Capital Account #7102-00012-0501; and THAT Purchasing By-law#94-129, Paragraph 5.06, be waived for this transaction. "CARRIED" Report #3 Resolution #C-81-98 Port Granby Moved by Councillor Trim, seconded by Councillor Schell Low-Level Radioactive THAT Report ADMIN-3-98 be received; Waste Site E07.PO THAT Council advise the Minister of Natural Resources that Clarington would participate in Without Prejudice discussions to investigate the possibility of locating a permanent storage site for the low level waste presently stored at Port Granby in one of the Municipalities of Hope Township, Port Hope or Clarington; THAT Council appoint the Mayor,the Chief Administrative Officer and appropriate staff, to-represent Clarington in the above mentioned Without Prejudice discussions and report back to Council; and i Council Minutes - 12 - January 26, 1998 REPORTS THAT interested residents of Clarington who have participated in this matter in past years, be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-82-98 Moved by Councillor Novak, seconded by Councillor Schell THAT the foregoing Resolution #C-81-98 be amended by adding a new fourth paragraph as follows: '"THAT members of the Port Granby Monitoring Committee be consulted throughout the process." "CARRIED" The foregoing Resolution #C-81-98 was then put to a vote and CARRIED AS AMENDED. UNFINISHED BUSINESS Resolution #C-83-98 Nevada Lottery Moved by Councillor Young, seconded by Councillor Mutton Brighton & District Minor Hockey THAT the application to manage and conduct a Break Open Ticket Lottery P09.GE submitted by Brighton and District Minor Hockey Association, to sell break open tickets at Video'N Plus in Orono, remain tabled at this time. "CARRIED" Resolution #C-84-98 Moved by Councillor Young, seconded by Councillor Mutton WHEREAS the market is saturated with numerous lottery licences in the Municipality of Clarington which is causing some hardship to local charities; NOW THEREFORE BE IT RESOLVED THAT the Clerk prepare an amendment to By-law 94-30, the Lottery Licensing By-law, to authorize the approval of lottery licences only to eligible organizations which have a home base in the.Municipality of Clarington; and THAT all existing lottery licences granted to organizations located outside the Municipality of Clarington be allowed to continue until their expiration. "CARRIED" Council Minutes - 13 - January 26, 1998 UNFINISHED BUSINESS Resolution #C-85-98 i Moved by Councillor Novak,seconded by Councillor Schell THAT the delegation of Roger Anderson be acknowledged with appreciation and that Mr. Anderson be invited to address Council on an annual basis. "CARRIED" Resolution #C-86-98 Moved by Councillor Rowe,seconded by Councillor Novak i THAT a letter be forwarded to Lua and Michelle Farnoush from the Mayor and Members of Council acknowledging their work with appreciation. "CARRIED" Resolution #C-87-98 Power Systems and Moved by Councillor Novak,seconded by Councillor Rowe Communications Al2.GE THAT a letter be forwarded to Mr.John Wells acknowledging Council's appreciation for bringing the issue of power systems and communications to the Municipality's attention; THAT a copy of the previous staff report addressing this matter be circulated to Members of Council for their information; and THAT Mr. Wells be requested to provide any further information that he may have to Members of Council. i "CARRIED" Resolution #C-88-98 Older Adult Moved by Councillor Novak, seconded by Councillor Young Centre A19.01- THAT the delegation of Don Welsh be acknowledged; THAT, in accordance with the purpose of the funds set aside through Report TR-16-96, an operating grant of$20,000 be approved and financed from the Clarington Older Adults Centre Reserve Fund; and THAT the Clarington Older Adults Association be requested to update Council on a regular basis. "CARRIED" i I Council Minutes - 14 - January 26, 1998 OT14ER BUSINESS Regional Update Councillor Mutton advised that the Region has once again received a Triple A credit rating. He indicated that the various departments at the Region are presently reviewing and preparing their 1998 budgets. Committee/Boards Councillor Novak indicated that she attended the first meeting of the Update Bowmanville Museum Board as well as the first meeting of the Central Lake Ontario Conservation Authority. Councillor Rowe reported that Janie Dodds was re-appointed Chair of L.A.C.A.C. She also indicated that the Animal Advisory Committee is presently looking for a new Chair. Councillor Schell advised that he attended the Bowmanville B.I.A. meeting and that the B.I.A. is presently struggling with new regulations from the Province. Councillor Trim indicated that Brenton Rickard has been elected Chair of the Newcastle Community Hall Board. He also attended the Wilmot Creek Nature Reserve meeting. BY-LAWS Resolution #C-89-98 Moved by Councillor Schell, seconded by Councillor Young THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 98-19 being a by-law to authorize the entering into of an agreement between local veterinarians and the Municipality of Clarington; i 98-20 being a by-law to authorize the entering into of an agreement between the Clarington Pet Connection and the Municipality of Clarington; 98-21 being a by-law to appoint certain persons as Parking Enforcement Officers for 1414 King Street,Highway #2, Courtice; 98-23 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; 98-24 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; 98-25 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; and 98-26 being a by-law to amend By-law 91-58, as amended,being a by-law to regulate traffic on highways, municipal and private property in the Municipality of Clarington. "CARRIED" I I I Council Minutes - 15 - January 26, 1998 BY-LAWS i Councillor Novak made a declaration of interest with respect to By-law 98-22; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that the company named in the by-law conducts _ business with her employer. Resolution #C-90-98 Moved by Councillor Schell, seconded by Councillor Young THAT leave be granted to introduce By-law 98-22, being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Gerr Construction Limited, Bowmanville,Ontario, for the construction of the Animal Control Shelter,and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-91-98 Moved by Councillor Schell, seconded by Councillor Young THAT the third and final reading of By-laws 98-19 to 98-26 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Councillors Mutton, Novak, Schell and Young made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-92-98 Moved by Councillor Trim, seconded by Councillor Rowe THAT leave be granted to introduce By-law 98-27, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 26th day of January 1998, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-93-98 Moved by Councillor Trim, seconded by Councillor Rowe THAT the third and final reading of By-law 98-27 be approved. "CARRIED" Council Minutes - 16 - January 26, 1998 ADJOURNMENT Resolution #C-94-98 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 8:45 p.m. "CARRIED" l MAYOR 1 CLERK i i COUNCIL INFORMATION I-1 The Corporation of the Town Hall Township P.O.Toronto Street South P.O. Box 190 Uxbridge, Ontario of L9 in .SAN Z 1 3 07 PM X98 Telep one: Uxbti(�q�e (905) 852-9181 `� (905) 649-1938 In The Rc8ional MuniciNlily of Durham fax(905) 852-9674 January 19, 1998 Ms. Patti Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 RE: BUSINESS IMPROVEMENT AREAS TOWNSHIP FILE: GR-303 Dear Ms. Barrie: i Please be advised that the Council of the Township of Uxbridge at its regular meeting held on Monday, January 12`x', 1998 endorsed the resolution of the Municipality of Clarington with regard to Business Improvement Areas. I am by copy of this letter forwarding a copy of your letter to the Minister of Municipal Affairs and Housing to our local BIA. Yours truly Walter ylor ��C'' e' �., Clerk cc: BIA ..... r COUNCIL•,INFORNATION I-2 Bossam Yassein,MD FRCSC 201 King Street West Oshawa,Ontario L1J 2J5 Phone 905-434-1694 Fax 905-434-6308 .IAN 30 07 PM 198 January 27, 1998 Honorable Mayor Hamre 40 Temperance Street BoiNivanville,Ontario L1C 3A6 I Dear Ms. Barrie, I am sending yourself,Mayor Harare and Mary Novak a copy of the letter that has been sent to Mr. and Mrs. Jim Grant's neighbours concerning the racing pigeon bylaws that were discussed in the September 1997 Clarington Council Meeting. If you recall,we are deeply interested in resolving this issue in an amicable fashion and have done our utmost to do so. Thank you for your time and attention in this matter,and we will keep you informed of any pertinent resolutions that occur from this meeting. i Sincerely, i �I Hossam assein,MD,FRC$V cc. Honorable Mayor Diane Harare Mary Novak "r:A i i i January 27, 1998 RE: RACING PIGEON BYLAWS TO ALL CONCERNED PARTIES: As per the September 1997 Clarington Council Meeting,the members of the local racing pigeon community would like to invite you to a friendly meeting for open discussion to resolve any outstanding issues. A few months have now passed to allow us time to set aside any animosity in order to settle this matter in a rational and clear thinking manner. We would like to invite both parties for this discussion to my office on: i Saturday February 28,1998 11:00 a.m. 201 King Street West Oshawa i Please bring any constructive suggestions and please RSVP by February 9 to 697-1527. Thank you for your attention in the continuing resolution of this matter. SincereIN-. Hossam Yassein,MD i COUNCIL INFORMATION I-3 Ministry of Ministere des Municipal Affairs Affaires municipales and Housing et du Logement 1 S Office of the Minister Bureau du tit 2 Ontario Y Toronto ON Street M5G 2E5 �aH `� Tor ntto N M5G 2E5 (416)585-7000 (416)585-7000 JAN 2 1 1898 January 14, 1998 jagii 11CIPAUTY OF GIARIWTON. MAYOr't.�S OFFJCF Dear Head of Council: I am writing to provide you and the members of your council with an update on the progress we are making with the reform of Ontario's social housing system.- As you know, social housing is being reformed and transferred to municipalities as part of a realignment of responsibilities between the provincial and municipal governments. Funding responsibility for social housing was transferred to municipalities .on January 1, 1998. Once the system is reformed,the gradual transfer of administrative responsibility will occur between 1998 and the year 2000. As we begin the reform of social housing, it is clear that the coming year will involve substantive change for the non-profit/co-op housing sector. In order to ease the transition, non-profit/co-op have been given some help. Non-profit/co-op housing providers were recently advised that the Ministry of Municipal Affairs and Housing would not be constraining their operating subsidies for 1998. This was possible because savings can be achieved through mortgage renewals and rollovers. . In addition, the ministry has provided $172.5 million from the Municipal Capital and Restructuring Fund to provincially-administered non-profits for their replacement reserves. These funds will be used to finance repairs to their buildings. /2 I I - 2 - As you may know, the previous government stopped any contributions to replacement reserves. Our government has always believed we need to ensure the long term viability of social housing for the residents,the fenders and the housing providers. This new funding of $172.5 million will rectify a situation that has had a detrimental effect on Ontario's housing providers. I also wish to inform you that the Social Housing Committee has been appointed which will move forward with the details of reforms to improve the social housing system in Ontario. The creation of this committee was an important recommendation contained in the report of 3 the Social Housing Advisory Council which was accepted in principle last fall. The Advisory Council recommended additional work in a number of key areas, and the government committed to appoint a Social Housing Committee and three working groups to finalize the details of reform. The Social Housing Committee will be led by Mac Carson, the Chair of Ontario Housing Corporation. He brings to the committee a wealth of experience in public administration, acquired during a 20-year career with the Region of Hamilton-Wentworth as Commissioner of Social Services,and later as Chief Administrative Officer. Most recently, he chaired the Social Housing Advisory Council. j Members of the Social Housing Committee include Jim Rule, the Chief Administrative Officer of the Regional Municipality of Sudbury; Ken Seiling, the Chair of the Regional Municipality of Waterloo; Gordon Stewart, the Chair of the Peel Regional Housing Authority; businessman Galli Tiberini; and lawyer Michael Wren. I The members of the committee have been chosen for their expertise in the areas of housing, j business. law and municipal affairs. In particular, the committee contains strong representation from the municipal sector, recognizing that municipalities will ultimately be responsible for social housing in Ontario. An important resource for the committee will be provided by representatives from the key stakeholder groups,including the Association of Municipalities of Ontario,the Ontario Non- Profit Housing Association,the Co-operative Housing Federation- Ontario Region,and the Council of Local Housing Authority Chairs. /3 i I 1 - 3 - " I The Social Housing Committee will review recommendations from three working groups: one working group will look at how social housing will be paid for, how standards will be measured and how rents will be set;a second working group will attempt to clarify the roles and responsibilities of various players to avoid overlap and duplication; and a third working group will discuss all of the issues surrounding the future of OHC. I have also asked the committee to undertake an active consultation with tenants from all areas of social housing in order to seek their views on the reforms. The Social Housing Committee will submit recommendations to me on the reform of social housing in the spring of 1998, and we can then complete the design of an improved social housing system for Ontario. Our goal is to continue to protect the people who live in social housing, while making the system simpler, more accountable and more cost-effective for municipalities. Please extend to the members of your council my best wishes for 1998. Sincerely, Al Leach ' Minister z t i i I I COUNCIL INFORMATION • J-4 ILI • i ' I January 29, 1998 The Regional Municipality Mrs. P.L. Barrie of Durham Clerk Clerk's Department Municipality of Clarington 605 Rossland Rd.East 40 Temperance St. P.O.Box 623 Bowmanville, Ontario Whitby,Ontario L1 C 3A6 Canada L1 N 6A3 (905)668-7711 Fax:(905)668-9963 RE: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL . P.M.Madill,A.M.c.T. PLAN (OPA#94-007) & DEFERRALS NO. 27 & 29 TO THE Regional Clerk MUNICIPALITY OF CLARINGTON OFFICIAL.PLAN - OUR FILES: i D14 - LOPA-C-96-001 & OPA #94-007 Mrs. Barrie, the Planning Committee of.Regional Council considered-the above matter and at a meeting held on January 28, 1998, Council adopted.the following recommendations of the Committee: "a) THAT the official plan amendment application submitted by Alan Berk, Barrister and Solicitor, on behalf of W. E. Roth Construction Company, to permit a gas bar and kiosk, be refused; b) THAT Deferral #27 as it relates to Section 10.10 of the Clarington Official Plari, and Deferral #29 as it relates to the land use ' designation for the site shown on Map Al as "General.Agricultural Area" be approved, and written notice be given of the proposed decision related to Deferrals 27.and 29;'and c) THAT the applicant, the agent, the Council of the Municipality of Clarington and the parties requesting notice of this decision be so advised and forwarded a copy of Commissioners #98-P-008." i b T I U h CLERK f . - a I ACK. BY,,� _ r - t ORIGINAL T 2/..:.. TO CO, S : t have enclosed a copyof Report #98-P-008 of Mr. A.L. Georgieff, Commissioner of Planning and a copy of the Notice of Proposed Decision. P.M. Madill, A.M.C.T: : Regional.Clerk .. PMM/sv encl. C c. A: Ber-Ki Barrister.& Sol.citor W'E. Both-Construction-.Limited A.L Georgieff, Commissioner of Planning i I Planning Department Commissioner's Report to Planning Committee Report No. 98-P-008 Date: January 20, 1998 SUBJECT Application to Amend the Durham Regional Official Plan, submitted by Alan Berk, Barrister and Solicitor, on behalf of W. E. Roth Construction Company, to permit a gas bar and kiosk, in the Municipality of Clarington, File: OPA 94- 007 Deferrals No. 27 & No. 29, Clarington Official Plan, File: LOPA-C-96-001 Correspondence No. 94-502 dated October 20, 1994 from Alan Berk, Barrister and Solicitor. (Application) Communication dated October 28, 1997 from Marie P. Knight, Municipality of Clarington. RECOMMENDATIONS 1. THAT the official plan amendment application submitted by Alan Berk, Barrister and Solicitor, on behalf of W. E. Roth Construction Company, to permit a gas bar and kiosk, be refused; i i 2. THAT Deferral No. 27 as it relates to Section 10.10 of the Clarington Official j Plan, and Deferral No. 29 as it relates to the land use designation for the site shown on Map Al as "General Agricultural Area" be approved, and written notice be given of the proposed decision related to Deferrals 27 and 29; and 3 THAT the applicant, the agent, the Council of the Municipality of Clarington and the parties requesting notice of this decision be so advised and forwarded a copy of Commissioners Report No. 98-P-008. � 1 Commissioner's Report No. 98-P-008 Page 2 REPORT 1. Application l 1.1 On October 20, 1994 Alan Berk, Barrister and Solicitor, on behalf of W. E. Roth Construction Company, submitted an application to amend the Durham Regional Official Plan to permit a gas bar/kiosk, an eating establishment and a convenience commercial store (600 square metres), in the Municipality of Clarington. In July of 1996, the applicant revised the proposal to delete the eating establishment and convenience commercial store. 2. Background j 2.1 The property is located at the northeast corner of the intersection of Regional Road No. 22 (Bloor Street) and Regional Road No. 34 (Courtice Road) in Lot 28, Concession 1, formerly in the Township of Darlington, in the Municipality of Clarington (refer to Attachment 1 - Location Sketch). I 2.2 The site proposed for development is 1.5 ha (3.6 ac) in size, and is a portion of a larger property totalling 40 ha (100 ac). The land is relatively flat to gently rolling and the site proposed for development is currently vacant. 2.3 Surrounding land uses consist of the following: North - rural residences and a farm to the northeast; East - rural residences and a tributary of Tooley Creek; West - a farm containing a house, barn and farm buildings; and South - Ebenezer United Church, and rural residences. 2.4 The subject site is located within the "General Agricultural Area" designation in the Regional Official Plan. Lands so designated shall be used predominantly for agricultural and farm-related uses. In addition, non- agricultural uses, such as riding and boarding stables, kennels, allotment gardens and fur and sod farms, may also permitted, subject to compatibility 12 I i Commissioner's Report No. 98-P-008 Page 3 with the surrounding uses. Service stations and gas bars are not permitted within this designation. I I 2.5 Policy 16.3.34 of the Regional Official Plan permits gas stations and gas bars in agricultural areas by amendment only, subject to the following requirements: a) provision of safe access; b) maintenance of the traffic-carrying capacity of the adjacent arterial roads; c) compatibility of surrounding land uses; d) visibility; and e) preferably located at the intersection of two arterial roads. 2.6 In the Clarington Official Plan the subject land is located within the "General Agricultural Area" designation. During the consideration of the Clarington Official Plan, Regional Council, at the request of the applicant, deferred its decision regarding portions of the Clarington Official Plan applicable to this site, as follows: • Deferral No. 27 - the policy section dealing with service stations, Sec.10.10 (as shown in Attachment 2); and • Deferral No. 29 - the land use designation for the subject site on Map Al. 2.7 The applicant submitted a needs analysis study in support of the proposal. I The study assessed the need for a gas station at this location and reviewed I the proposal in light of Provincial Policy. The study dismisses consideration of alternative locations within the Courtice Urban Area because it contends that market forces and community impacts effectively restrict potential service station sites to.Type 'A' arterial road locations. The study also concludes that the proposal will not negatively affect agricultural-operations. i i 13 i i Commissioner's Report No. 98-P-008 Page 4 i 3. Submissions i 3.1 A "Public Notice" was advertised in the "Canadian Statesman" and in the "Newcastle Independent" newspapers on February 22, 1995. 3.2 The Region received one written submission in opposition to this proposal. The Municipality of Clarington received written submissions from approximately 50 residents expressing opposition to the proposal. The following summarizes the concerns expressed: i • loss of agricultural land and impact on the agricultural character of the I area, particularly odour, noise, lighting and traffic safety; i • incompatibility of the proposed urban use with the surrounding land uses, and should be located within an urban area; and • potential environmental impacts, from the spillage of gasoline, oil and sewage disposal system, on the nearby tributary of Tooley Creek and existing wells. These concerns were also expressed during the public meeting held by the local municipality on October 7, 1996. 4. Area Municipal Correspondence 4.1 On October 27, 1997, Council of the Municipality of Clarington passed a resolution recommending denial of the Regional Official Plan amendment application and requesting approval of those related deferred portions of the Clarington Official Plan. 5. Agency Comments I 5.1 The Regional Works Department indicated that municipal water and sanitary sewer services are not available to the site. Therefore, the site would have to i � 4 li Commissioner's Report No. 98-P-008 Page 5 be serviced by a private well and septic system. The proposed access onto Regional Road No. 22 (Bloor Street) is satisfactory. However, the proposed access onto Regional Road No. 34 (Courtice Road) would not be permitted until this intersection is reconstructed with raised centre median islands. At that time, access to both Courtice Road and Bloor Street would be restricted to right-turn-in, right-turn-out operation only. A road widening on both roads would also be required. i 5.2 The Regional Health Department indicated that it does not have any concerns but would require the submission of a site plan, indicating the tile bed location and design if the proposal is approved. I 5.3 The Ministry of Agriculture, Food and Rural Affairs indicated that the site is j located on Class 1 soil, as identified in the Canada Land Inventory, and is surrounded to the north east and south east by agricultural uses and several non-farm residences. The land immediately west of the site is designated for urban use. The Ministry indicated that the proposed use should be directed to the urban area and recommends that the proposed amendment not be approved. 5.4 The Ministry of Citizenship Culture and Recreation indicated that the proposal has high potential for causing impact to cultural heritage resources. A cultural heritage resource assessment would be required prior to any on-site soil disturbances. 5.5 The Central Lake Ontario Conservation Authority indicated no concerns with the proposed development subject to: satisfactory on-site pollution/spill controls; grading and stormwater quantity controls; and stormwater quality controls that ensure no harmful alteration, disruption or destruction of fish habitat, in the nearby tributary of Tooley Creek. i i 15 . I i Commissioner's Report No. 98-P-008 Page 6 6. Comments i 6.1 It is the intent of the Regional Official Plan to protect and maintain agricultural land and to prevent the intrusion of urban land uses into agricultural areas. In the preparation of the Regional Official Plan, Courtice Road was clearly established as the eastern limit of this portion of the Courtice Urban Area. The proposal represents an intrusion of an urban land use into the agricultural area. Approval of the proposal would tend to blur the distinction between the urban and rural areas. i 6.2 The Provincial Policy Statement stipulates that prime agricultural areas are to be protected. It permits limited non-residential uses in agricultural designations, provided there is a demonstrated need for additional land to be designated to accommodate the proposed use and there are no reasonable alternative locations which avoid agriculturally designated land. Alternative locations currently exist within the Courtice Urban Area which provide sufficient opportunities for the development of gas bars. These locations include properties at both the northwest and southwest corners of Bloor Street and Courtice Road, west of the subject property, within the Courtice Urban Area. Alternative locations also exist at the intersections of Courtice Road with Baseline Road, Highway 2 and other Type 'B' and Type 'C' arterial roads, within the Courtice Urban Area. The need for a gas bar in this particular location, outside the urban area, has not been demonstrated. 7. Conclusion 7.1 The proposal is in conflict with the Regional Official Plan's goal of protecting and maintaining agricultural land, and does not comply with the Provincial Policy Statement . It is an intrusion of an urban land use into the agricultural area. The need for this site for a gas bar has not been demonstrated. On this basis, it is recommended that the application to amend the Regional Official Plan be refused. 16 i l Commissioner's Report No. 98-13-008 Page 7 i 7.2 It is also recommended that Deferral No. 27 as it relates to Section 10.10 of the Clarington Official Plan, and Deferral No. 29 as it relates to the land use j designation for the site shown on Map Al as "General Agricultural Area" be approved, and written notice be given of the proposed decision related to Deferrals 27 and 29. j i I 8. Notice of Council Meeting 8.1 The recommendations of the Planning Committee are expected to be dealt with by Regional Council on January 28, 1998. Any person wishing to appear before Council should notify the Regional Clerk. A.L. Georgi .I.P., R.P.P. Commissioner of Planning Attachments: 1 - Location Sketch 2 - Section 10.10 of the Clarington Official Plan (Deferral 27) RECOMMENDED FOR PRESENTATION TO COMMITTEE I I G. itt, M.S.W., C.A.O. 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They may include accessory uses such as the repair of vehicles, car washes, and the sale of confectionary items. 10.10.2 Service stations may generally be established in any urban land use designation provided: i I i a) no more than 2 automobile service stations will be permitted at any intersection; b) the display of confectionary items does not exceed 10 square metres of floor space in designated Residential Areas; c) locations shall not create vehicular congestion or endanger pedestrian movement, and d) access points to'each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever o p ssible. I i i ' I i I t NOTICE OF PROPOSED DECISION WITH RESPECT TO ADDITIONAL PARTS OF THE OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON I Subsection 17(22) of the Planning Act j I 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 January 28, 1998 Regional Council made a proposed decision, to modify and approve an additional part 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 part of the Official Plan subject to this approval is Section 10.10 relating to the uses which may be permitted on lands located at the northeast corner of the intersection of Courtice Road and Bloor Street (Deferral 27) and the land use designation for the subject site shown on Map Al as "General Agricultural Area" (Deferral 29). 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. Any request 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 pm. on March 2. 1998. The request should be addressed to the Regional Clerk, Regional Municipality of Durham, at the address shown below and must; i 1. set out the specific part or parts of the proposed decision to which the request applies; i 2. set out the reasons for the request for the referral; and 3. be accompanied by a cheque, payable to the Minister of Finance, for $125.00. I 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. I I k� 2 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. i 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 Tom Cadman, 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 L1 N 6A3 Attention: Ms. P.M. Madill Regional Clerk i i i i 01/22/98 THU 16:15 FAX 9055790994 CENTRAL LAKE ONTARIO CA L1001 COUNCIL INFORMATION I-5 Age AN Z, Central News Release Lake On tan a JAH 39 Q 100 WBiftittg Avenue, Oshawa, ON,L1FI 3T Conservation (905)579-0411, fax(905) 579-0994 Release Date: January 22, 1997 � _Pr i 1998 CLOCA Board Of Directors Take Office The annual meeting of the Central Lake Ontario Conservation Authority was held on January 20, 1998 at the Authority's Conservation Center in Oshawa. Chairman Roger Anderson welcomed new members of the Board of Directors to the Authority: Mayor Doug Moffatt, Township of Scugog; Councillor Bev Northeast, Township of Uxbridge; Councillor Pat Perkins, Town of Whitby; Councillor Scott Crawford, Town of Ajax; Mayor Diane Hamre and Councillor Mary Novak, Municipality of Clarington. Returning as Authority members are Councillor Rick Johnson, Town of Pickering; Councillors Robert Boychyn, John Gray, Iry Harrell, and Brian Nicholson, City of Oshawa; Councillors Joe Drumm, and Gerry Bmm, Town of Whitby. In his opening remarks Chairman Anderson commented on the past three year term and to the Iyear ahead. `In the last three years CLOCA has been transformed from an organization. focused inwardly on its land holdings and a narrow interpretation of its environmental mandate to an organization focused outwardly to the community, placing a strong emphasis on knowledge acid technology and responsible for taking a leading role in protecting and enhancing our natural environment. 1998 marks the 40th anniversary of the establishment of the Central Lake Ontario Conservation Authority. One of the growing concerns I see in the community is the issue of water quality generally and the protection of our groundwater supplies in particular. I would like to suggest the Board of Directors considers this as a theme.for marking the anniversary throughout the year. " U1%LG ad ttiu 10:10 rAA UUoorauaaa CENTRAL LAKE UNTAK1U CA 16002 i I I Chairman Anderson stated that he wished to recognize four major accomplishments. First, the establishment of the Central Lake Ontario Conservation Fund, the launch of the Lynde Shores Management plan Review, the agreement with the development industry, municipalities j and the five Durham Region Conservation Authorities to deal with issues of joint concern, and our involvement in the management .of the Westside/Bowmanville Marshes. Chairman Anderson concluded his remarks by expressing his thanks to the Board of Directors and Authority staff for their work and support during 1997, Councillor Rick Johnson was elected 1998 Chairman and Mayor Doug Moffatt was elected I Vice-Chairman, 1998 Executive Committee will consist of Councillors M. Novak, J. Gray, I. Darrell,J. Drumm and G. Emm. I Chairman Johnson made presentations to the retiring members of the Board of Directors and thanked them for their years of service to the Authority: Ajax's Roger Anderson, 6 years; Whitby's Marcel Brunelle, 6 years; Scugog's Howard Hall, 3 years; Oshawa's Robert Lutczyk, 3 years; Clarington's Larry Hannah and Carson Elliott,with 9.and 4 years respectively. In his opening remarks Chairman Johnson stated that 1998 will be a very special year filled with challenges and celebrations as the Authority marks its 40th anniversary of providing watershed management to the residents of the watershed "The fact that 1998 is our 40th anniversary makes it extra special and I think we should take the opportunity to raise our profile in the community. Conservation Authorities too often are a well kept secret - we do good work and shouldn't hesitate to spread the news. CLOCA has been through a lot of change in the past three years, much of it as a result of the Province changing the way it does business. Over the next three years we are going to see a lot of changes in our municipalities and CLOCA will continue to need to adapt as events unfold. 1 have every confidence we will continue to cope and deliver cost effective services in our community." For more information please contact the Authority office at (905) 579-0411 or email: cloca@speedline.ca What we do on the land is mirrored in the water.`!u _ 1 Ai. COUNCIL INFORMATION I-6 i �N OF P/C, January 22, 1998 cZi Clerks Department, JAN 26 1Z 38 p8 #98 Municipality of Clarington, 40 Temperance St., Bowmanville, Ontario The Corporation L 1 C 3A6 of the wn of Pickering Clerk's Department Please be advised that the Council of the Town of Pickering passed the following resolution at its meeting of January 19, 1998: :kering Civic Complex we the Esplanade Pickering,Ontario WHEREAS in a resolution passed on December 22, 1997, the Council of the ^v 6Ki Corporation of the Town of Pickering voted unanimously to express its strenuous VireclAccess (905)420-4660 objection to the proposal received from the Minister of Finance which provides a ^°partmen[ (905)420-4611 substantial loss of revenue for the Town of Pickering resulting from the csimile (905)420-9685 downloading from the Province;and Town (905)420-2222 (905)683-2760 WHEREAS the Province of Ontario through the Minister of Finance is . "csimile (905)420-0515 � g � intending to proceed with the realignment of Provincial and Municipal financial nail: decks @town.pidkering.on.ca responsibilities; and WHEREAS the Premier of the Province of Ontario clearly stated that this realignment was to be revenue-neutral across the Province; and WHEREAS the Honourable Steve Gilchrist, Parliamentary Assistant to the Minister of Municipal Affairs, responded to the motion adopted by Council in an interview on Shaw Cable by stating that "it's true that Durham picks up some higher costs, as a result, Region-wide. But looking at the .percentage that Pickering is of all of Durham Region, there is just no way that Pickering comes out anything but on the plus side of the ledger" with respect to reallocation of responsibilities; and WHEREAS the Honourable Ernie Eves, Minister of Finance, stated in a letter addressed to Heads of Council dated December 12, 1997, that reallocation of responsibilities was revenue-neutral"as promised"; NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby instructs the Town Solicitor to draft a contract between the Town of - Pickering and the Province of Ontario in which the Province will agree that if reallocation of responsibilities is not revenue-neutral and will result in increased revenue for the Corporation of the Town of Pickering using 1997 Budget figures as a benchmark, then the Province will immediately pay to Pickering any such shortfall; and I r - 2 - THAT this contract be directed to the Premier of the Province of Ontario for his signature by the Province and that the executed copy be returned to the Corporation of the Town of Pickering no later than February 19, 1998; and i THAT in the event of a disagreement between the Corporation of the Town of Pickering and the Province of Ontario over the impact of reallocation of- responsibilities upon the Town of Pickering's budget, the contract should direct that in independent auditor, agreed to by both parties, be retained at the cost of the Province of Ontario to determine the impact of restructuring of the Corporation of the Town of Pickering; and THAT this resolution be forwarded to: 1. The Honourable Mike Harris, Premier of Ontario 2. The Honourable Ernie Eves, Minister of Finance 3. The Honourable Janet Ecker, MPP Durham West 4. The Honourable Al Leach,Minister of Municipal Affairs 5. The Honourable Steve Gilchrist, Parliamentary Assistant to Al Leach 6. All Mayors and Chair within the GTA If you have any questions with respect to this matter, please do not hesitate to contact the Clerks Department at 420-4611. Bruce Taylor, AMCT, CMM Town Clerk /dk i 1 i OUNNFOR�ATION 1-7 . "U, IAN 51 IL Clarin g ton Museums Clarke Museum & Archives P.O. Box 152, Orono, Ontario, LOB 1 M (905) 983-9243 E-Mail cma-chin@durham.net The regular monthly meeting of the Clarke Museum&Archives Board of Directors was held at 7:00 PM Tuesday January 6th., at the Museum in Kirby. #1998-01. PRESENT: Chairman, G. Brian Jung; Vice-Chairman, Valerie St.Croix; Curator, Mark Jackman; Executive Secretary, Donald Igbokwe*; Board Member, Angela Harris;Councillor, Troy Young;Councillor,John Mutton; Recording Secretary/Treasurer, Gavin M. Stephenson Mark Jackman Chaired the Meeting during the election of Executive Officers. The following persons have put their names forward for the following positions: G. Brian Jung-Chairman Valerie St. Croix-Vice Charman Donald Igbokwe - Executive Secretary Mark asked for any further nominations. No further nominations came forward so marked declared the positions elected. **98-01** Moved by Donald, Seconded by Angela, to adopt the agenda as presented. Carried. **98-02** Moved by Donald, Seconded by Valerie, to confirm the actions of the Board of Directors between October 8, 1997 to January 5, 1998 Carried. **98-03** Moved by.Valerie, Seconded by Donald, to adopt the minutes of meeting #1997-12 as-presented. Carried. 7086 Old Kirby School Road, Hwy 35/115 at Region Rd. 9 Kirby, Ontario I I 13USIN ,SS ARISING FROM THE MINUTES None CORRESPONDENCE ° None I TREASUER'S REPORT Gavin presented the month end accounts and expenses for December. **98-04** Moved by Donald, Seconded by Angela, that these accounts be paid as presented. (Attached) Carried. CURATOR'S REPORT Mark reported that MPP John O'Toole had personally presented the CMOG cheque for $6,737.00 to the Museum in December. Returning Board Members are asked to bring in their policy books for revisions at the next meeting. The special events list will be distributed at the next Board meeting. OTHER MATTERSINEW BUSINESS Donald expressed concern that the remaining balance of the 50150 draw would be lost to bank charges before it can be used and asked when application for the lottery licence for 1998 will be applied for. Gavin responded that the licence would be applied for as soon as the Board made its wishes Down. **98-05** Moved by Donald, Seconded by Valerie, that the lottery balance be used to accquire a new licecne for 1998. Carried. Donald also welcomed the new Council representatives and expressed his hope that a good working relationship could be developed between the Board and the Council and looked forward to the Council representatives help and support for various Museum projects. Brian welcomed Troy and John and also expressed his wish for a good working relationship with the Councillors and Council. He expressed.his wish to present the board to the council when there is a full board. I i i **98-06** Moved by Angela, Seconded by Donald, that the next meeting of the Board of Directors be held on Tuesday February 3rd, 1998 at 7:00 PM. Carried. **98-07** Moved by Donald, Seconded by Valerie, that the meeting adjourn at 7:25 PM. - - Carried. Gavin M. Stephenson, Recording Secretary I I G. Brian Jung, Chairman i i i I Clarke Museum & Archives Accounts for the Month of December 1997. Account Balances as of January 5, 1998. Chequing 16,098.62 Savings 34.79 Fundraising 2,854.89 TOTAL $18,988.30 TRANSACTION REPORT-Current Account 01/12197 Through 31/12197 Running Num Date Payee C Memo Category Amount Balance Opening Balance as of 01/12/97 $233.64 Month Ending 31/12/97 DM 08/12/97 Merchant Visa Imprinter Rental Fundraising for Special Projects : Gil -4.17 229.47 183 27/12/97 Consumers Gas Volunteers Building Maintenance Expenses : Hydro/Heal -86.85 142.62 184 29/12/97 National Publication Centre, The Canada Business Index Curatorial Expenses : Books, slides, -98.44 44.18 185 29/12/97 Ontario Hydro C Volunteer's Building Maintenance Expenses : Hydro/Heal -55.83 -11.65 186 29/12/97 Ontario Hydro C Museum Building Maintenance Expenses : Hydro/Heal -155.78 -167.43 187 29112/97 Queens County Blacksmith Shop Inventory Museum Shop : Inventory -378.78 -546.21 30112/97 Municipality of Clarington/Trsfr Split 16,294.71 15,748.50 1997 CMOG Operating Grant CMOG-Ministry of Culture : Gross 6,737.00 October Payroll Salaries and Benefits -5,120.16 October Payroll Salaries and Benefits : Employer Co -508.93 Advance 1998 Municipal Grant 15,000:00 50150 Expenses Transfer From : Savings 186.80 188 30/12/97 Mark Jackman C Petty Cash Transfer To : Petty Cash -100.00 15,648.50 189 30/12/97 Municipality of Clarington Payroll Split -3,884.30 11,764.20 Salaries and Benefits -3,413.44 Salaries and Benefits : Employer Co -470.86 190 31/12/97 Consumers Gas Museum Building Maintenance Expenses : Hydro/Heal -128.67 11,635.53 Total Month Ending 31/12197 $11,401.89 GRAND TOTAL $11,401.89 $11,635.53 `NOTE: all times marked reconciled 'R' or Cleared'C' have been processed and before the account balances showing on these statements. -1- TRANSACTION REPORT-Fundraising Account 01/12197 Through 31/12/97 Running Num Date Payee C Memo Category Amount Balance Opening Balance as of 01/12/97 $2,471.07 Month Ending 31/12/97 02/12/97 Deposit R Gift Shop/Workshop Split 239.00 2,710.07 Fundraising for Special Projects : Gii 194.00 Christmas Workshop Fundraising for Special Projects : Wi 45.00 30/12/97 C1BC#0442 010 17 93233 R 50/50 Draw Profits transferred to Transfer From : Savings 144.71 2,854.78 '"VOID 30/12/97 Municipality of Clarington R First half of commitment to new bFundraising for Special Projects : Bu -2,500.00 2,854.78 3 30/12/97 Municipality of Clarington First half of commitment to new bFundraising for Special Projects : Bu -2,500.00 354.78 31/12/97 Service Charge R Administration Expenses : Bank chat -0.95 353.83 31/12/97 Interest Earned R Bank Interest 0.11 353.94 31/12/97 Service Charge Discount R Administration Expenses : Bank chat 0.95 354.89 Total Month Ending 31/12/97 -$2,116.18 GRAND TOTAL -$2,116.18 $354.89 -2- TRANSACTION REPORT-Savings 01/12/97 Through 31112/97 Running Num Date Payee C Memo Category Amount Balance Opening Balance as of 01/12/97 $369.03 Month Ending 31/12/97 30/12/97 Municipality of Clarington/Trsfr R 50/50 Expenses Transfer To : Current Account -186.80 182.23 3 30/12/97 CIBC#0442 010 17 93233 R 50/50 Draw Profits transferred to Transfer To : Fundraising -144.71 37.52 31/12/97 Service Charge R Administration Expenses : Bank chat -2.75 34.77 31/12/97, Interest Earned R Bank Interest 0.02 34.79 Total Month Ending 31/12/97 -$334.24 GRAND TOTAL -$334.24 $34.79 Signed For Payment C3' man Chair of Finance Treasurer or -3- CLARKE MUSEUM & ARCHIVES 50/50 DRAW INCOME Ticket Sales $743.00 Interest Earned 0.01 TOTAL INCOME $743.01 EXPENSES Prize Money $371.50 Raffle Licence M405754 30.00 Ticket Printing 155.25 Bank Service Charge 1.55 TOTAL EXPENSES $558.30 INCOME OVER DISBURSEMENTS $184.71 PROCEEDS DONATED TO CHARITY $144.71 BALANCE OF PROCEEDS RETAINED IN LOTTERY TRUST ACCOUNT $40.00 i I I i I i i 7� I CHRISTMAS CRAFT WORKSHOP ACCOUNT e i SUPPLIES ADVANCE $100.00 EXPENSES White Rose Crafts $13.47 Michael's Store 33.62 A&P 4.67 Ye Olde Health Shop 12.20 TOTAL EXPENSES $63.96 INCOME I Registration Fees $45.00 I TOTAL INCOME $45.00 BALANCE OFADVANCE TRANSFERRED TO PETTY i CASH $36.04 PROCEEDS DEPOSITED TO FUNDRAISING $45.00 I I q 01 Fif Clarin g ton Museums C I arke Museu m & Arch ives P.O. Box 152, Orono, Ontario, LOB 1 MO (905) 983-9243 E-Mail cma-chin@durham.net BOARD OF DIRECTORS January 20, 1998 G. Brian Jung, Chairman Jeff Brooks Valerie St. Crox, Vice Chairman Les Jogoda Donald Igbokwe, Executive Secretary Paul Reesor Angela Harris Troy Young, Councillor John Mutton, Councillor 40 Temperance Street Bowmanville, Ontario LIC 3A6 623-3379 MUSEUM STAFF: Mark I. Jack-man, Curator 7086 Old Kirby School Road Shirley Moffat, Registrar Gavin M. Stephenson, Recording Secretary/Treasurer 7086 Old kirby School Road, Hwy 35/115 at Region Rd. .9 Kirby, Ontario i ? �rte:,'•�.�. Claringto* n Museums Clarke Museum & Archives P.O. Box 152, Orono,Ontario,LOB 1 MO (905)983-9243 E-Mail cma-chin @durham.net SPECIAL EVENTS LIST.1998 MARCH 12 -In Repose speech Lakeshore Genealogical Society,guest speaker- Cobourg APRIL 18 -In Repose speech -Ontario Genealogical Society Region 5 Annual Conference, Key Note Speaker- Stratford MAY 2 -BIA Maplefest 8:30 AM-4:00 PM Downtown Bowmanville MAY - Special display installation at the old Orono Town Hall to commemorate the hall's 100th Anniversary MAY 16 -Giant Second Hand Book Sale 9:00 AM-2:00 PM - donations of books will be received after April 16, 1998. j NO ENCYCLOPAEDIAS, TEXTBOOKS OR MAGAZINES. MAY 20 -In Repose speech i -Canadian Loyalist Association, Guest Speaker-Toronto JUNE 20 - BIA Fab 50's 8:30 AM-4:00 PM Downtown Bowmanville JULY 1 - Canada Day (Tentative) a Clarington Museums joint celebration held at the Bowmanville Museum site. 9:00 AM -4:00 PM including set up and clean up. SEPTEMBER 19 -Giant Second Hand Book Sale 9:00 AM- 2:00 PM -donations of books will be received after August 16, 1998. NO ENCYCLOPAEDIAS,TEXT BOOKS OR MAGAZINES 7086 Old kirby School Road, Hwy 35/115 at Region Rd. 9 Kirby, Ontario i OCTOBER 3 - Pumpkin Bee Day 1:00 PM-4:00 PM - Visitors can make hand dipped candles, woven wheat decorations, churn butter, make clothespin dolls, and more. r: - see demonstrations of pumpkin drying and learn why it saved the early settler's lives. -warm themselves with a steaming bowl of pumpkin soup and hot cider by the fire. -explore our fall customs and traditions including Hallowe'en. Regular admission applies. Refreshments extra. OCTOBER 17 BIA Applefest 8:30 AM-4:00 PM Downtown Bowmanville OCTOBER/NOVEMBER -Chair Gaining Workshop Tuesday's beginning October 6th to November 24th. Instructor Donna Robins of Old Chairs to Mend t NOVEMBER/DECEMBER -Fundraising Bus Trip to Black Creek Pioneer Village for Christmas by Lamplight- tour and dinner. Clarington Museums joint event. DECEMBER 5 -Adult Holiday Workshop for Christmas and Chanukkah details to be announced. DAY AND TIME TO BE ANNOUNCED I j i i i i 1998 Clarke Museum & Archives Board of Directors Yearly Planner January January June July S M T W T F S New Year's 1 Da 8 S M T W T F S 2 3 1 y 20 :30 am-4:00 pm Fab 50 s 4 S �2 3 4 7 8 9 10 5 6 © 8 9 to 11 11 12 13 14 15 16 l7 6 7:00 pm-8:00 pm Board of July t2 13 14 15 16 17 18 18 19 20 21 22 21 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 Directors Meeting 1 11:00 am-3:00 pm Canada 26 27 28 29 30 31 February Day(Tentative) 3 7:00 pm-8:00 pm Board of Canada Day Directors Meeting 7 7:00 pm-8:00 pm Board of February Directors Meeting � March August S M T W T F S August S M T W T F S 72 3 4 5 6 7 3 7:00 pm-8:00 pm Board of 9 t 8 9 10 11 12 13 14 Directors Meeting .3 Civio Holiday 2 Q 4 5 6 7 8 r 9 10 Q 12 13 14 15 15 16 17 18 19 20 21 16 17 18 19 20 21 22 22 23 24 23 26 27 28 12 In RRepose-Speech 11 7:00 pm-8:00 pm Board of 3o 31 is 26 27 28. 29 Purim Directors Meeting April September 7 7:00 pm-8:00 pm Board of 1 7:00 pm-8:00 pm Board of March Directors Meeting Directors Meeting September S M T WT F S 10 Good Friday ���Da y S M T W T F S 1 2 3 4 5 6 7 7 1 2 3 4 5 8 9 10 It 12 13 14 6 © 8 9 '10 I1 12 IS 16 17 18 19 20 21 11 Pesah 19 9:00 am-2:00 pm Giant 13 14 15 16 17 18 19 29 22 23 24 25 30 31 26 27 28 20 21 22 23 24 25 26 12 F—ter Second Hand Book Sale 27 28 29 13 Fester Monday 21 Rosh ha-Shanah � 30 Yom Kippur 18 In Repose-Speech April October October j S M T W T F S 23 Yom Hashoah SMTWT F S 1 2 3 a 3 1:00 pm-4:00 pm Pumpkin 1 2 3 s 6 Cn 8 9 10 it Bee Day 4 5 7 8 9 10 12 13 14 15 16 I7 18 28 Yom Haatunaut 11 N2627 14 15 16 l7 19 20 21 22 20 31 25 18 21 22 23 24 26 27 ®29 30 May 5 Sukkot 25 28 29 30 31 y 2 8:30 am-4:00 pm Maplefest 6 7:00 pm-8:00 pm Board of Directors Meeting 5 7:00 pm-8:00 pm Board of Chair Caning Workshop May Directors Meeting Thanksgiving Day S M T W T F S 12 6 ivi B ) November 16 9:00 am-2:00 pm Giant S M T W T F S 3 4 p 6 7 s 9 Second Hand Book Sale 13 Chair Caning Workshop 1 2 3 4 s 6–' 10 It 12 13 14 15 © 8 9 l0 11 12 13 14 17 �19(j-O) = 23 IS 16 t17 18 19 20 21 24 25 26 n 28 29 30 18 victoria Day 17 8:30 am-4:00 pm Applefest 22 24 25 26 27 28 ' 29 30 n Repose-Speech 20 / r p 20 Chair Caning Workshop 31 Shavuot 27 Chair Caning Workshop June June November December S M T W T F S °.__� i. .�-_ --- 2 7:00 pm-8:00 pm Board of 3 7:00 pm-8:00 pm Board of S M T V1) T F S i (Ii 5 l .---- 7 8 9 11 rq t' 13 17 14 IS 16 17 18 t9 Directors Meeting Directors Meeting 6 7 8 9 10 11 12 t20'1 21 22 21 24 25 ,a 27 Chair Caning Workshop 13 .I4 i IS 16 17 28 2v 30 20 21 22 2.1 24 ,2 18 19 5 C:�9,i 27 28 21) lU 31 Dates and times are subject to change. I 0998 Clarke Museum & Archives Board of Directors Yearly Planner January November July S M T W T F I 10 Chair Calling Workshop S M T W T F S to t 2 1 2 3 4 11 12 t® l4 15 l6 11 Remembrance Day 12 13 14 15 16 17 18 18 t9 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 29 30 31 17 Chair Caning Workshop 24 Chair Caning Workshop February December august S M T W T F S 1 7:00 pm-8:00 pm Board of S M T W T F S 1 2 3 4 5 6 7 Directors Meeting 2 © 4 S 6 7 8 8 9 10 11 12 13 14 9 10 Q 12 13 14 19 is 16 17 18 19 zo 21 5 Holiday Workshop `; ' ° 16 17 18 19' 20 21 22 j 22 23 24 25 26 27 28 1 23 24 25 26 27 28 29 30 31 14 Hanukkah 25 ,,Christmas j March 26` Boxing Day y ,.y ',�'.:�� •. . September.. r; S M T W T F S S M T- W T F S 1 2 3 4 5 6 7 1 2 '3 4 5 8 9 10 11 i2 13 14 6 © 8 9 '10 11 12 15 16 17 IS 19 20 21 13 14 15 16 17 18 19 22 23 24 25 29 0 31 26 27 28 20 21 •22 23 24 25 26 27 28 29 30 April ' ' - October S M T W T F S S M T W T F S 1 2 3 4 1 2 3 12 13 1® 15 16 17 I8 11 12 13 14 15 16 17 19 20 21 22 O 24 25 18 19 20 21 22 23 24 26 27 28 29 30 25 16 27 28 29 30 31 i May November S M T WT F S S M T W T F S 1 1 2 t2425 4 5 6 7 10 It l2, 13 14 IS 8 9 It l2 13 14 17 Q g 19�21 22 23 15 16 18 19 20 21 24 25 26 27 28 29 30 22 23 26 27 28 21 29 0 I i June December S M T WT F S S M T W T F S -O 3 - I 7 8 '4 10 it 12 13 6 7 8 9 l0 11 l2 U 15 16 17 18 19 (201 13 1 1115 16 17 18 19 2t :2 11 24 ?S � 27 20 2t 22 23 24 Ct 26 1 �8 29 3a 27 28 29 30 31 Dates and times are subject to change. COUNCIL INFORMATION . I-8 I January 16, 1998 All 26 IZ 38 Pif '98 The Regional. The Honourable David Anderson Aunicipality Minister of Fisheries & Oceans j )f Durham Centennial Tower, 200 Kent Street Clerk's Department Suite 1570 305 Rossland Rd.East Ottawa, Ontario. PO.Box 623 K1 A OE6 Whitby,Ontario Canada L1 N 6A3 (905)668-7711 MINISTRY OF NATURAL RESOURCES WITHDRAWAL FROM Fax:(905)668-9963 PLAN REVIEW RESPONSIBILITIES FOR FISHERIES HABITAT P.M.Madill,A.M.C.T. PROTECTION, FILE-NO. 4.1.20.10 V98-P-405) -,Our File:.D07-00 Regional Clerk Honourable Sir, the Planning Committee of Regional Council considered the-above matter-and at a meeting held-on-January'14, 1998, Council adopted the following recommendations of the Committee: .. "a) THAT•the principle of conservation authorities in the Region of Durham temporarily assuming responsibilities for the, protection of fish habitat be endorsed; b) THAT the Federal Department of Fisheries and Oceans and Conservation Ontario be requested to establish alternative arrangements for review of development applications under Section 35 of-the Canada Fisheries Act--, . c) THAT conservation authorities in Durham Region be requested to assume additional fish-habitat protection responsibilities; and d) THAT a copy of Commissioners Report#98-P-5 be forwarded to the Federal Department of Fisheries and Oceans, Ontario Ministry of Natural Resources, Conservation Ontario, the conservation authorities and. local municipalities within Durham Region." • I - 2 - Enclosed, for your information, is.a copy of Report#97-P-005 of Mr. A.L. Georgieff, Commissioner of Planning. R.M. Madill, A.M.C.T. Regional Clerk PMM/cb Encl. cc: The Honourable•John.C. Snobelen, Minister of Natural Resources Ms. Jill McColl,. Conservation Ontario Mr. Russ Powell., Chief Administrative Officer/Secretary- Treasurer, Central Lake Ontario Conservation.Authority Mr. Gerry Houston,Chair, Ganaraska Region Conservation Authority i MrAan Macnab,General Manager/Secretary-Treasurer Kawartha Region_Conservation Authority Ms. D. Gayle Wood, Chief Administrative Officer, Lake. -Simcoe-Region Conservation Authority. Mr. J.C. Mather, Chief Administrative Officer, The Toronto and Region Conservation Authority Mr..B.C:.Suter, Clerk, City of Oshawa Mr. M. de Rond, Clerk, Town of Ajax Mr. G.S. Graham, Clerk-Administrator, Township of Brock Mrs. P:L: Barrie,Clerk, Municipality of Clari.ngton Mr.' B. Taylor, Clerk, Town of Pickering. *Mr. E.S. Cuddie, Clerk-Administrator, Township;of SQugo : ; N- Mr. W.E. Taylor; Clerk, Township of Uxbridge ; it ..�_. Mr: D.G. McKay,'Clerk,Town of'Whitby t.V Mr. A.L.-Georgieff., Commissioner of.Planning y 1 1 � I Planning Department Commissioner's Report to Planning Committee Report No. 98-P-005 Date: January 6, 1998 SUBJECT Ministry of Natural Resources Withdrawal From Plan Review Responsibilities for Fisheries Habitat Protection, File No. 4.1.20.10 RECOMMENDATIONS 1. THAT Regional Council endorse the principle of conservation authorities in the Region of Durham temporarily assuming responsibilities for the protection of fish habitat; 2. THAT the Federal Department of Fisheries and Oceans and Conservation Ontario be requested to establish alternative arrangements for review of development applications under Section 35 of the Canada Fisheries Act; 3. THAT conservation authorities in Durham Region be requested to assume additional fish habitat protection responsibilities; and 4. THAT a copy of Commissioners Report 98-P-005 be forwarded to the Federal Department of Fisheries and Oceans, Ontario Ministry of Natural Resources, Conservation Ontario, the conservation authorities and local municipalities within Durham Region. REPORT 1. Pu ose 1.1 This report addresses the implications of the Ministry of Natural Resources withdrawal from plan review responsibilities related to fish habitat protection. To avoid delays in development application approvals, an interim arrangement is recommended which would allow the conservation authorities to undertake this responsibility. i i 1 Commissioner's Report No. 98-P-005 Page 2 2. Background 2.1 The Federal Department of Fisheries and Oceans-(DFO) and the Ontario Ministry of Natural Resources (MNR) share fisheries management I responsibilities within Ontario. DFO has an interest in fish management through the Canada Fisheries Act. Section 35 of the Act prohibits harmful alteration or destruction of fish habitat unless the work is authorized by DFO. MNR has an interest in fish management through the Lakes and Rivers Improvement Act, the Game and Fish Act and provincial policy on natural heritage. I j 2.2 For many years, DFO and MNR operated under an informal arrangement for the protection and management of fish habitat in Ontario. Under this arrangement, MNR assumed certain responsibilities under Section 35 of the Canada Fisheries Act from DFO. This involved the responsibility for the following activities: • reviewing of plans, p ermi lts and proposals where construction works are likely to harm fish habitat; j • working with proponents and consultants to design fish habitat impact mitigation techniques, providing site-specific advice and the enforcement of mitigation measures; and • referring projects to DFO which cannot be fully mitigated and assisting in the development of fish habitat compensation agreements with DFO. 2.3 On September 18, 1997, MNR withdrew from carving out these activities because of a dispute with DFO on cost sharing arrangements (refer to Attachment 1). As a result, DFO resumed full responsibility for the above , j activities. j 2.4 The withdrawal of MNR from fisheries habitat review will delay the processing j of some development applications. This is due to limited staff resources at DFO to undertake the additional volume of work. At this time, there is no clear indication that the dispute between MNR & DFO can be easily resolved in a timely fashion to prevent delays. k, 0 Commissioner's Report No. 98-P-005 Page 3 3. Comments i 3.1 The Region's interest in fish habitat protection is derived from the Planning Act, Provincial Delegation of Plan Review and through the policies of the Durham Plan, which aim to protect fish habitat. As an approval authority, the i Region must ensure that fish habitat is protected and applications are processed in a timely fashion. 3.2 Through the Provincial Delegation of Plan Review, the five Durham area conservation authorities already have some involvement in fish habitat protection. Under the old process, prior to MNR's withdrawal, the conservation authorities screened applications to determine if there was a potential harm to fish habitat. For applications that involved destruction of fish habitat, the conservation authority notified the applicant of any required MNR or DFO approvals. In the case of plans of subdivision, these become conditions that would require clearances prior to final approval. MNR would approve mitigation measures and DFO would only be involved if the impact could not be fully mitigated and a compensation plan was necessary. 3.3 With MNR withdrawing from the review process, the conservation authorities still screen for fish habitat impact. However, DFO is now responsible for reviewing and approving all applications which have impact on fish habitat and require mitigation measures. This potentially means DFO is responsible for reviewing approximately four times as many development applications. The result is a potential bottleneck in the development approvals process for these applications. 3.4 The issue of alternative arrangements for review of development applications potentially impacting fish habitat has been discussed among DFO, Conservation Ontario (an umbrella group for conservation authorities in Ontario) and the Urban Development Institute (UDI). The Durham Chapter of UDI also requested the Department to explore solutions with the agencies involved. DFO and Conservation Ontario are currently working on an arrangement for conservation authorities to carry out fish habitat protection responsibilities previously provided by MNR. It is expected that DFO will determine which conservation authorities are qualified to carry out this responsibility and also provide training to conservation authority staff. The arrangement would be considered an interim solution pending MNR and DFO agreement on a permanent arrangement. It allows the conservation 41 ' Commissioner's Report No. 98-P-005 Page 4 authorities to review applications which potentially impact fish habitat and approve mitigation measures. DFO will only be involved if the impact cannot be fully mitigated and a compensation plan is required. 3.5 The conservation authorities, by carrying out these additional fisheries review functions, will expedite the planning process and allow the planning system to effectively deal with development applications. As a result, it is recommended that Council endorse the principle of conservation authorities temporarily assuming these responsibilities. Accordingly, Council should make a formal request to the conservation authorities. Staff of the conservation authorities in Durham Region support taking on this additional responsibility and can share expertise to deliver the service. 3.6 DFO has advised that it is their long-term intention to have MNR continue to oversee fisheries habitat protection because of the broader role the Ministry has in managing fishery resources. The Planning Department will monitor any formal arrangement between Conservation Ontario and DFO and advise Planning Committee on any long-term arrangements between DFO and MNR. i A. L. Ge "gie .C.I.P., R.P.P. Commissioner f Planning Attachment: MNR News Release I RECOMMENDED FOR PRESENTATION TO COMMITTEE i H. C itt, M.S.W., C.A.O. I H:\1-AAGENDAS\1998\01-06-98\FrtHER1E.CDNR 42-L • ���1 'O Attachment 1 1 ^. stry of Minist' CLERK .t��Kfn�ENT -�' Natural Resources Riches eQt 11_ 300 Water Street P.O.Box 7000 .�.x...... .. To: Peterborough,ON K9J 8M5 .z.. , Cop October 301", 1997 NOV G 7 1997 ATTE'VTt07,! LETTER TO: All Municipalities C.C. "_�— FILL ----:–_.-- - ake App:. Aaron SUBJECT: MNR's Role in Fish Habitat Management under Section 35 of the federal Fisheries Act This letter is to inform you of recent action that has been taken by the Ministry of Natural Resources (MNR)with respect to the Ministry's role in fish habitat management. As you may know, Canada and Ontario share fisheries management responsibilities within Ontario. Under the Constitution, Canada holds jurisdiction over sea coast and inland fisheries and is responsible for the conservation of fish and the protection of fish habitat. For the past eight years, the Department of Fisheries and Oceans(DFO)and MNR have been operating under an informal interim process for the protection and management of fish habitat. Under this process, MNR reviewed undertakings that might harmfully after fish habitat and referred projects to DFO for authorization under Sec.35 of the federal Fisheries Actt. Canada and Ontario agreed to this shared process with no transfer of resources to Ontario until a formal arrangement could be implemented. To date, no formal process has been developed. In the meantime, MNR has been bearing the full costs of carrying out this work on behalf of the federal government. Due to lack of progress on this issue,former Minister Hodgson advised the Minister of Fisheries and Oceans that`it is now appropriate for DFO to assume full responsibility for review and authorization of projects under the Fisheries Act,including those formerly conducted by MNR on DFO's behalf.' The Deputy Minister of Natural Resources therefore advised the Deputy Minister of the Department of Fisheries and Oceans that as of September 18, MNR would no longer be providing fish habitat mitigation advice on behalf of DFO. MNR will continue to issue work permits under provincial legislation. However, MNR will not review or provide site specific advice for fish habitat impacts of projects involving work in and around the water beyond the requirements of applicable provincial legislation. Additionally, MNR will no longer provide enforcement support for the fish habitat sections (Sec. 35)of the federal Fisheries Act. These actions will have implications for how MNR and our clients work together in areas dealing with fish habitat management It is the Ministry's intention however, that the implementation of the new process be phased in with as little difficulty for clients as possible so that our clients receive good customer service. A package of instructions has been prepared for MNR staff. The attached "Instructions Package"has been modified to highlight the activities that you may have involvement with. These instructions describe the"New Process" MNR is following for reviewing p ans grid proposals for work in and around fish habitat. Included are details for handling permit applications, reviews, client inquiries and enforcement procedures. Work permits under legislation administered by MNR(Lakes and Rivers Improvement Act and the Public Lands Act) are still required for certain activities. In addition, DFO will need to be contacted regarding fish habitat protection with respect to Section 35 of the federal Fisheries Act. Also attached are scanned versions of Department of Fisheries and Oceans brochures which describe the federal government's role in fish habitat management. A news release from September 181"is also enclosed. i it _2_ i The ministry has made many efforts to resolve this issue over the past few years. The ministry has been acting on behalf of DFO by managing habitat at considerable expense to the province,even though the conservation and protection of fish habitat is clearly a federal responsibility under the federal Fisheries Act. We have been attempting for several years to negotiate an agreement with the federal government on a formal process that would allow staff to legally make habitat management decisions. i The province's intention is to continue to provide effective customer service*but until the federal government is prepared to formalize an agreement on respective roles and responsibilities for fish habitat management, DFO will have to resume full responsibility for the administration and enforcement of Section 35 of the federal Fisheries Act. Ontario remains open to a formal agreement on fish habitat. I will keep you informed of any new developments regarding this matter. If you have any questions regarding the handling of permit applications, please contact staff at your local MNR District Office. Yours trul Andy ouser Director - Fish and Wildlife Branch cc: Wayne Wouters, Deputy Minister, DFO cc: L.S. Parsons,Assistant Deputy Minister, Science, DFO cc: R.J. Pierce, Regional Director General,Central and Arctic region, DFO cc: Vic Gillman,Area manager, DFO, Burlington cc: Deputy Wh-dster,MMAH cc: Association of Municipalities cc: Conservation Ontario cc: All Distrid Managers, MNR I I �I 44 ® Ontario Ministry of Ministere des Natural Resources Richesses naturelles September 18, 1997 Province Returns Full Responsibility For Fish Habitat Protection To Ottawa The Ontario government has returned full responsibility for enforcing federal laws for fish habitat protection in Ontario to the federal government.' An interim agreement between the two levels of government ends September 18, 1997. Ottawa has shown no interest in a permanent agreement, and we believe the federal government would prefer to enforce fish habitat laws in Ontario, said Natural Resources Minister Chris Hodgson. As a result, Ottawa will fully retain its federal responsibility under Section 35 of the federal Fisheries Act for fish habitat protection as of September 18. "We know Ottawa cares about habitat protection,"said Mr. Hodgson. "We're confident the federal government will fulfill its constitutional mandate to protect fish habitat." For the past eight years, MNR has reviewed plans and proposals for work around fish habitat under an interim arrangement. MNR will now help people who have proposals for working around fish habitat contact officials at the federal Department of Fisheries and Oceans. MNR's role is to enforce other provisions of the federal Fisheries Act, such as regulations regarding seasons for fishing and possession limits. As well, MNR enforces provincial legislation and provides the public with assistance on provincial issues. MNR will continue to prosecute fish habitat cases it has already brought before the courts. MNR remains open to a formal agreement on fish habitat protection if Ottawa wishes to discuss the issue. The ministry feels any discussions should also include dialogue about the Sea Lamprey Control Program. Next May, Ottawa intends to terminate its annual spending of $5 million on the program. "We're always ready to talk if Ottawa wants to discuss these issues,"said Mr. Hodgson. -30- REMARQUE : Egalement disponible en frangais.. FOR MORE INFORMATION: Rob Savage Brian Blomme Minister's Office Communications Services Branch TORONTO (416) 314-2208 TORONTO (416) 314-2095 45 COUNCIL INFORMATION I-9 — Consumers Gas jml `t3 oo Pit `3 500 Consumers Road North York,Ontario M2J 1 P8 Mailing Address: PO BOX 650 1998-01-28 SCARBOROUGH ON M1 K 5E3 VIA COURIER To The Clerks In Municipalities in which Consumers Gas Supplies Natural Gas Re: EBRO 497 Consumers Gas 1999 Test Year Rate Case - Notice of Application Pursuant to the Ontario Energy Board's Letter of Direction dated January 27, 1998, enclosed herewith are English and French language copes of Notice "A"together with the Application filed by Consumers Gas. a nz Regulatory Co-ordinator (416) 495-5728 encl. rj1STR11BUTION CLERK --� t ACK. By -. ORIGINQ TO:- CiJf I � I lft Ontario Commission t 1 Energy de I'Energie Board de ('Ontario Ontario Notice "A" E.B.R:0. 497 E.B.R.0. 497-01 E.B.O. 179-14 E.B.6. 179-15 THE CONSUMERS' GAS COMPANY LTD. RATES INCENTIVE MECHANISMS RELATED TO OPERATION AND AL41NTENANCE AND DEMAND SIDE MANAGEMENT AFFILIATE TRANSACTIONS RELATED TO THE TRANSFER OF CERTAIN CUSTOMER INFORMATION SYSTEMS TO AN AFFILIATE AFFILIATE TRANSACTIONS RELATED TO THE TRANSFER OF CERTAIN BUSINESSES AND ACTIVITIES TO ONE OR MORE AFFILIATES I NOTICE OF APPLICATION The attached applications dated January•8, 1998 ("the Applications)") have been filed by The Consumers' Gas Company Ltd. ("Consumers Gas") with the Ontario Energy Board I ("the Board")under section 19 of the Ontario Energy Board Act, R.S.O. 1990, c. 0.13 and pursuant to the Undertaldngs given by IPL Energy Inc. and Consumers Gas dated June 21, 1994, as modified i by amendments dated December 6, 1995 and September 19, 1996 ("the Undertakings"). Any customer of Consumers Gas may be affected by the Board's decisions regarding these Applications. I i 2 Particulars Of The Applications Consumers Gas has applied for an order or orders approving or fixing just and reasonable rates and other charges for the sale, distribution,transmission, and storage of gas. The rates and other charges for which approval is requested would be effective October 1, 1998, and would be based upon projected results for a test year commencing October 1, 1998, and ending September 30, 1999("the 1999 fiscal year"). The Board has assigned file number E.B.RO. 497 to the rates application. Under current rates, Consumers Gas projects a revenue deficiency of approximately $57.3 million in the 1999 fiscal year, based on a 9.02 percent overall rate of return, which includes a return on common equity of 10.3 percent, on a proposed rate base of$3,270.9 million. The estimates of the 1999 fiscal year rate base, rate of return, revenue deficiency and customer bill impacts may be updated and amended. The level and pattern of consumption of each customer will determine the change in i each individual customer's bill if new rates are approved to cover this forecast 1999 fiscal year i deficiency. As part of its application for 1999 fiscal year rates, Consumers Gas applied for an incentive mechanism in relation to the Operation and Maintenance component of cost of service effective during fiscal years 2000 through 2002, and an incentive mechanism in relation to Demand Side Management effective fiscal year 2000. The Board has assigned file number E.B.RO. 497-01 to this application. Pursuant to the Undertakings, Consumers Gas has applied to the Board for all necessary approvals for transactions related to the transfer of certain customer information systems to an affiliate effective as of or prior to October 1, 1998. Consumers Gas is also requesting approval, under the Undertakings, for transactions between itself and the affiliate related to billing i 3 and related customer services to be provided by the affiliate to Consumers Gas and approval to provide p management and administrative services by Consumers Gas to the affiliate. The Board has � _ I assigned file number E.B.O. 179-14 to this application. Pursuant to the Undertakings, Consumers Gas has also applied to the Board for all necessary approvals for transactions related to the transfer of certain businesses and activities to one or more affiliates effective as of or prior to October 1, 1999. These businesses and activities include merchandise sales and finance, appliance rentals, appliance service, and heating parts replacement. Consumers Gas has also requested approval for transactions between Consumers Gas and the i affiliates) related to the provision of management and administrative services by Consumers Gas to the affiliate(s) on an ongoing basis. The Board has assigned file number E.B.O. 179-15 to this application. Consumers Gas has also requested the creation of certain new deferral accounts I associated with its Applications. Evidence For All Applications The Applications will be supported by written and oral evidence. The written evidence for each application will be pre-filed and may be amended before the hearing of that evidence is completed Pre-hearing conferences with Board Staff and other intervenors may be held to clarify the pre-filed evidence and attempt to identify and resolve the issues. Any agreement i reached on the issues will be submitted to the Board for its consideration prior to or during the hearing of the relevant application. Consumers Gas has also applied to the-Board for such final and interim orders as may be necessary in relation to the Applications, including the disposition of any balances in the outstanding deferral accounts. i 4 How To See The Applicant's Pre filed Evidence i Material supporting the Applications will be available for public inspection at the i Board's offices, and at the head office of Consumers Gas in Toronto. Copies of the complete pre- filed evidence supporting each of the Applications, when it is filed, will be available for public inspection at the same locations. How To Intervene If you wish to intervene (i.e. actively participate) in any part of the proceedings relating to these Applications, you must file a written notice of intervention within 14 days after this notice of application is delivered. Your notice of intervention must be delivered or mailed to the Board Secretary and to Consumers Gas at the addresses below. The notice of intervention must state: I • your name, address, and telephone and fax numbers; • your intention to appear and participate at the hearing(s); • which part of the application(s)you are interested in; • the issues you intend to address during the proceeding(s); and i • whether you intend to seek an award of costs. i If you wish to participate in the proceedings in the French language,your letter must state this. All intervenors granted party status by the Board will receive notice of the time and place i of any pre-hearing conferences and of the hearings. The Board Secretary will distribute a list of intervenors to all parties and to Consumers Gas. I I 5 How To Observes If you wish to monitor(i.e. not actively participate in)the proceedings related to these Applications, you must file a written notice requesting observer status within 14 days after this notice of application is delivered. Your notice of observation must be delivered or mailed to the Board Secretary at the address below. How To Comment If you wish to comment on the Application(s)without becoming an intervenor, you may write a letter of comment to the Board Secretary stating your views and any relevant i information. All letters of comment will be provided to Consumers Gas and will become part of the public record in the proceeding. Alternatively, you may write to the Board Secretary to state that you prefer to make your comments orally at the hearing(s),in which case you will be notified of the time and place of the hearing(s), and of your presentation(s). If you wish to comment in the French language at the hearing(s), your letter must state this. i IMPORTANT IF YOU DO NOT FILE A LETTER OF INTERVENTION OR A LETTER OF CObQvIENT OR INDICATE TO THE BOARD SECRETARY THAT YOU WISH TO CON24ENT AT THE HEARING(S), THE BOARD MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE ENT=D TO ANY FURTHER NOTICE OF THESE PROCEEDINGS. - I I i 6 Procedural Orders The Board intends to issue Procedural Orders with respect to E.B.R.O. 497 and E.B.O. 179-14 in the near future. Procedural Orders relating to the other Applications will be issued in due course. Ce document est disponible en fran"is. i Addresses Ontario Energy Board P.O. Box 2319 2300 Yonge Street 26th Floor Toronto, Ontario M4P lE4 Attn: Mr.Paul B.Pudge Board Secretary 1-888-632-6273 (Toll free) (416)440-7656 (Fax) i , Head Office of Consumers Gas: Atria III, Suite 1100 2225 Sheppard Ave. East North York, Ontario M27 5C2 All documents related to these Application should be directed to the following addresses. If sent by mail: The Consumers' Gas Company Ltd. P.O. Box 650 Scarborough, Ontario M1K 5E3 Attn: Mr. Henry M. Lavergne Vice President, Regulatory Affairs (416) 495-5253 (Voice) (416) 495-6072 (Fax) hlavergne@consumersgas.com(Electronic access) If delivered: The Consumers' Gas Company Ltd. 500 Consumers Road Willowdale, Ontario NUJ 1P8 Attn: Mr. Henry M. Lavergne Vice President, Regulatory Affairs Counsel for Consumers Gas: Aird&Berlis BCE Place 181 Bay Street Suite 1800, Box 754 Toronto, Ontario MUM I Attn: Mr. J. H. Farrell (416) 865-7728 (Voice) (416) 863-1515 (Fax) jfiuTell@airdberfis.com(Electronic access) DATED at Toronto January 27, 1998. I ONTARIO ENERGY BOARD Paul B. Pudge Board Secretary I i i i EBRO 497 _ EBO 179-14 EBO 179-15 ONTARIO ENERGY BOARD i IN THE MATTER OF the Ontario Energy Board Act, R.S.O. 1990, Chapter 0.13, as amended; I AND IN THE MATTER OF an Application by The Consumers' Gas Company Ltd. for an Order or Orders approving rates to be charged for the sale, distribution, transmission, and storage of gas, under file number EBRO 497; AND IN THE MATTER OF an Application by The Consumers' Gas Company Ltd. for all j necessary approvals of transactions related to the transfer of certain customer information systems to an affiliate, under file number EBO 179-14; I AND IN THE MATTER OF an Application by The Consumers' Gas Company Ltd. for all necessary approvals of transactions related to the transfer of certain businesses and activities to one or more affiliates, under file number EBO 179-15; and AND IN THE MATTER OF an Application by The Consumers' Gas Company. Ltd. for approval of an incentive mechanism in relation to the Operation and Maintenance Expense component of its cost of service, effective during the 2000 through 2002 fiscal years, and an incentive mechanism in relation to Demand Side Management, under file number EBRO 497. i ••• _i 1 rnnc-vemnrc- me i I � - 2 - APPLICATION i 1. The Consumers' Gas Company Ltd. ("Consumers Gas" or the "Applicant") is an Ontario corporation with its head office in the City of Toronto. Consumers Gas carries on the business, among other things, of selling, distributing, transmitting, and storing j natural gas within Ontario. 2. This Application contemplates a two-phase proceeding. The first phase of the proceeding ("Phase 1") pertains to rates and other charges for the Applicant's 1999 fiscal year, and to the transfer of certain of the Applicant's customer information systems to an affiliate. The second phase of the proceeding ("Phase 2") pertains to the transfer of certain of the Applicant's businesses and activities to one or more affiliates, and to two incentive. mechanisms: one in relation to the Operating.and Maintenance Expense component of the cost of service, effective during the Applicant's 2000 through 2002 fiscal years, and the other in relation to Demand Side Management. The particulars of each phase are described below. i Phase 1 3. Pursuant to Section 19 of the Ontario Energy Board Act, R.S.O. 1990, Chapter 0.13 (the Act"), as amended, Consumers Gas hereby applies to the Ontario Energy Board (the "Board"), under file number EBRO 497, for an Order or Orders approving or fixing just and reasonable rates and other charges for the sale, i distribution, transmission, and storage of gas for the Applicant's 1999 fiscal year commencing October 1, 1998 (the "1999 Test Year") or for such other period determined to be appropriate by the Board. =1� Consumers Gas i - 3 - i 4. During the course of Phase 1, the Board will be asked to determine the rate I base for Consumers Gas and the fair and reasonable rate of return that Consumers Gas should be given the opportunity to earn on such rate base. To facilitate these determinations, Consumers Gas will submit to the Board, among other things, its actual results for the 1997 fiscal year, its estimated results for the 1998 fiscal year (the "1998 Bridge Year"), its forecast results for the 1999 Test Year, and other information in support of its forecast results. I 5. There are three matters that the Applicant wishes to highlight in relation to the foregoing: First, the Applicant expects that it may be subject to an increase in municipal taxes in the 1998 Bridge Year resulting from the implementation of the Government of Ontario's Bills 106 and 149 and the impact of municipal restructuring. Accordingly, the Applicant has filed an application with the Board, under file number UA 119, for an accounting order to record these increases and defer them for later disposition. The Applicant may also update its estimate of Municipal Taxes for the 1999 Test Year from time to time during the course of this proceeding, as more information concerning municipal government intentions becomes clear. Second, the Applicant's new Customer Information System will become operational in the 1999 Test Year and, -as indicated in paragraph 6, will provide services to the regulated utility. Third, the Applicant expects that the Board will follow the Ontario Energy Board Draft Guidelines on a Formula-Based Return on Common Equity for Regulated Utilities in determining the fair rate of return on common equity for Consumers Gas. For purposes of this Application, and until relevant forecasts of interest rates are available 1 Pnneitmo c r;aS - 4 - in updates, Consumers Gas has utilized the rate of return on common equity allowed I by the Board in EBRO 495. 6. Pursuant to the undertakings given by IPL Energy Inc. and The Consumers' Gas j Company Ltd. dated June 21, 1994, as modified by amendments dated December 6, 1995 and September 19, 1996 ("the Undertakings"), Consumers Gas hereby applies to the Board, under file number EBO 179-14, for all necessary approvals for transactions related to the transfer of certain customer information systems, including the new Customer Information System, to an affiliate effective as of or prior to October 1, 1998. The Applicant is also requesting approval, under the same file number, for transactions between Consumers Gas and the affiliate related to billing and related customer services to be .provided by the affiliate to Consumers Gas and, in addition, to management and administrative services to be provided by Consumers Gas to the affiliate. 7. This Application will be supported in Phase 1* by written and oral evidence. The written evidence will be pre-filed and may be amended from time to time prior to or during the course of the Phase 1 hearing. Further, the Applicant may seek pre-hearing meetings with Board Staff and intervenors, by means of issues and settlement conferences or otherwise, in order to reach agreements on the identification and settlement of all or some of the Phase 1 issues. 8. The Applicant currently projects that it will incur a revenue deficiency of approximately $57.3 million during the 1999 Vest Year and thereafter, if its rates and other charges for the sale, distribution, transmission, and storage of gas are not adjusted by the Board following the completion of Phase 1 and with an effective date of such adjustment of October 1, 1998. In the event the Applicant's rates are adjusted by the Board to permit the elimination of this revenue deficiency, the Applicant's bills to i the typical residential sales customer are forecast to increase by approximately I tI Consumers Gas - 5 - I I i $34.00 per annum or 3.9% per annum. The revenue deficiency, and the effect thereof on residential sales customers, may be revised prior to or during the Phase 1 hearing as a result of cost or other impacts that cannot be anticipated at the present time. 9. During the course of the 1999 Test Year and beyond, Consumers Gas anticipates that changes will occur in the costs paid by it for its supply of gas resulting from price changes and from variations in the energy content of gas purchased for i resale. Furthermore, changes in the Applicant's costs of using gas transportation services may result from orders of the National Energy Board related to the tolls and I toll structure of TransCanada Pipelines Limited, the major provider of gas transportation services to Consumers Gas. 10. Consumers Gas therefore applies to the Board for, among other things, such final *and interim Orders as may be necessary approving or fixing rates and other charges for the sale, distribution, transmission and storage of gas designed to permit the Applicant to recover from its customers: (a) the appropriate revenues required to prevent a revenue deficiency occurring in the 1999 Test Year or subsequent twelve month periods in relation to the fair and reasonable rate of return on rate base found appropriate in Phase 1; (b) the added costs it forecasts incurring, such as the payment of income taxes or other taxes not now being recovered in rates and other charges, or changes in gas costs, transportation service costs, or variations in the energy content of gas, and such other costs as may appear to the Board to be just and reasonable; and Consumers Gas - 6 - (c) such other increases, decreases, or changes in costs as may appear to the Board to be just and reasonable. 11. The Applicant also applies to the Board pursuant to the provisions of the Act and the Board's Rules of Practice and.Procedure for such final and interim Orders and directions as may be necessary in relation to the Phase 1 aspects of this Application and the .proper conduct of the Phase 1 hearing, including the disposition of outstanding deferral accounts and the creation of such additional deferral or other accounts as may be necessary in the circumstances. Phase 2 12. Pursuant to the Undertakings, Consumers Gas hereby applies to the Board under file number EBO 179-15, for all necessary approvals for transactions related to the transfer of certain businesses and activities to one or more affiliates effective as of or prior to October 1, 1999. The affected businesses and activities are competitive in nature and, as such, do not form part of the Applicant's monopoly or utility operations. I These businesses and activities include merchandise sales and finance, appliance rentals, appliance service, and heating parts replacement. The Applicant is also requesting approval, under the same file number, for transactions between Consumers Gas to the affiliate(s) related to management .and administrative services to be provided by Consumers Gas to the affiliate(s) on an ongoing basis. 13. Consumers Gas will incur one-time incremental costs in identifying and separating the affected businesses and activities, including certain transition costs. Accordingly, the Applicant has filed an application with the Board, under file number UA 118, for an accounting order to record these costs and defer them for later disposition. "" =11 CnnS1lmP.rs Gas - 7 - 14. Pursuant to Section 19 of the Act, Consumers Gas hereby applies to the Board for an Order or Orders approving the establishment of two incentive mechanisms. One is called the Targeted Performance Based Regulation Plan, or Targeted PBR plan, and will encompass one component of the regulated utility's cost of service, namely the Operation and Maintenance Expense ("O&M Expense"). The Targeted PBR plan involves a formulaic approach to the determination of Board Approved O&M Expense and would be effective during the Applicant's 2000 through 2002 fiscal years. The other incentive mechanism is called the Shared Savings Mechanism, and will i encompass sharing the energy savings, resulting from the Applicant's Demand Side I Management programs, between ratepayers and shareholders. 15. This Application will be supported in Phase 2 by written and oral evidence. The written evidence will be pre-filed and may be amended from time to time prior to or i during the course of the Phase 2 hearing. Further, the Applicant may seek pre-hearing meetings with Board Staff and *intervenors, by means of issues and settlement conferences or otherwise, in order to reach agreements on the identification of all or some of the Phase 2 issues. I 16. The Applicant also applies to the Board pursuant to the provisions of the Act and the Board's Rules of Practice and Procedure for such Orders and directions as may be necessary in relation to the Phase 2 aspects of this Application and the proper conduct of the Phase 2 hearing. Both Phases 17. The persons affected by this Application are the customers of Consumers Gas. It is impractical to set out their names and addresses because they are too numerous. This Application will affect those persons to the extent by which the Board grants the relief requested in this Application. -1� Consumers Gas p - 8 - i I, I i 18. Consumers Gas requests that a copy of all documents filed with the Board by each party to this proceeding be served on the Applicant and the Applicant's counsel, as follows: a) The Applicant: Mr. Henry M. Lavergne Vice President, Regulatory Affairs The Consumers' Gas Company Ltd. Address for personal service: 500 Consumers Road Willowdale, Ontario M2J 1 P8 Mailing address: P.O. Box 650 Scarborough, Ontario M1K 5E3 Telephone: (416) 495-5253 Fax: (416) 495-6072 Electronic access number: haavergne@consumersgas.com (b) The Applicant's counsel: Aird & Berlis Attention: Mr. Jerry H. Farrell Address for personal service: Suite 1800 (BCE Place) 181 Bay Street Toronto, Ontario M5J 2T9 Mailing ddress: g Box 754 (BCE Place) 181 Bay Street Toronto, Ontario MW 2T9 i Telephone: (416) 865-7728 Fax: (416) 863-1515 j I Electronic access number: jfarrell @airdberlis.com =1 CnnnsllmP-m- Gas - 9 - DATED at Toronto, Ontario this 8th day of January, 1998. THE CONSUMERS' GAS COMPANY LTD. i by its counsel in this proceeding, AIRD & BERL;IS per: Suz J. . Far i i i i i . =11 f.nnciimprs (;ac CENTRAL LAKE ONTArk9W&S MOATHORITY I-10 MINUTES - NO. 1 ANNUAL AUTHORITY MEETING JAN 30 2 OG I'F� t98 Tuesday, January 20, 1998 - 7:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA Present:: R..Anderson, Chairman R. Johnson, Vice Chairman R. Boychyn M. Brunelle S. Crawford J. Drumm G. Emm J. Gray D. Hamre L. Hannah I. Harrell D. Moffatt B. Nicholson M. Novak P. Perkins J.R. Powell Chief Administrative Officer S.L. Hanson, Director of Corporate Services D. Wright, Director of Environmental Approvals & Planning P. Sisson, Director of Environmental Engineering Services M. Hrynyk, General Superintendent G. Geissberger, Community Relation M. Stauffer, Recording Secretary Absent: C. ELiott H. Hall R. Lutczyk C)1�- �_.__._UT ION —� B. Northeast E CLERK _ ACK. BY ORIGINAL TJ. The Chairman called the meeting to order at 7:11 p.m. COPIES T 1: w WELCOME - R. Anderson, Chairman, welcomed all members and staff to the Annual Authoriity meeting and e E4d66n oT nee�{{ officers. The Chairman also welcomed Mr. Jim Anderson, General Manager of Conservation Ontario;-who was-in--attend=E-as-� guest. I DECLARATIONS of interest by members on any matters herein contained- NONE IIN RODUCTION OF NEW MEMBERS The Chairman introduced the new members appointed by the Regional Municipality of Durham: Councillor Scott Crawford from the Town of Ajax, Councillor Mary Novak from the Municipality of Clarington, Mayor Diane Hamre from the Municipality of Clarington, Mayor Doug Moffatt from the Township of Scugog, Councillor Pat Perkins from the Town of Whitby and Councillor Bev Northeast from the Township of Uxbridge, who was not in attendance. ANNUAL AUTHORITY MINUTES NO. 1 -JANUARY 20, 1998 PAGE 2 ADOPTION OF MINUTES Res. #1 Moved by G. Emm Seconded by M. Brunelle THAT the Authority minutes of December 9, 1997 be adopted as circulated. CARRIED I RATIFICATION OF ACTIONS OF THE EXECUTIVE COMMITTEE Res. #2 Moved by J. Gray Seconded by L. Hannah THAT the Board of Directors ratify the actions of the Executive Committee during 1997. CARRIED i CHAIRMAN'S REMARKS-R. Anderson i This meeting marks the end of the three year term to which the Board of Directors were appointed by the Region of Durham in 1995. I think "turbulence" describes very well what we have been through in that period of time. March 1995 saw Allan Foster's Report to the CLOCA Board of Directors'on the Findings of the Operations Review. June 1995 ushered in a new government in Ontario and, six months later, much of our traditional provincial funding support disappeared. July 1996 saw the Partnership Memorandum assign responsibility to the Durham Region C.A.'s for municipal plan input and review services previously provided by provincial agencies, a process still evolving today in matters such as federal fisheries legislation. The result of this three years of turbulence is that CLOCA has been transformed from an organization focused inwardly on its land holdings and a narrow interpretation of its environmental mandate to an organization focused outwardly to the community, placing a strong emphasis on knowledge and technology and responsible for taking a leading role in protecting and enhancing our natural environment. In looking back at my year as Chairman, I take particular pride in four of our accomplishments. i f The Central Lake Ontario Conservation Fund - Federal and provincial regulatory approvals were finalized and we now have our charitable organization status with all the future possibilities that holds. Lynde Shores Conservation Area Management Plan - We have put in place a planning process that involves the full range of interests in the community and will serve as a model as we extend it to all our land holdings. Development Industry Liaison - A formal arrangement is now in place with the industry, municipalities and the five Durham Region Conservation Authorities to deal with issues of joint concern. The development of a common fee schedule for Conservation Authority input and review services in Durham Region took effect on July 1, 1997. Westside/Bowmanrille Marshes-The Municipality of Clarington adopted in late 1997, certain Principles of Understanding which deal with their own role and those of Blue Circle (St. Marys), Ontario Hydro and CLOCA. The leadership shown by Clarington and the Waterfront Regeneration Trust has been of the highest order. Turning to more general matters, the 3,000 acres that CLOCA owns continue to attract use from both watershed residents and beyond. While we have had to reduce some of our more intensive recreation programs, our commitment to caring for the land itself remains unchanged. Conservation Education programs continued their popularity with over 12,000 young people participating during 1997. Our environmental summer day camp at Enniskillen is almost at capacity and we may have to investigate the feasibility of establishing increased access for families in the community. i ANNUAL AUTHORITY MINUTES NO. 1 -JANUARY 20, 1998 PAGE 3 CHAIRMAN'S REMARKS- R. Anderson(continued) Conservation services and land stewardship programs have been going through a change in emphasis. Since we no longer have the field staff to undertake directly activities such as tree planting, we have focused our energies on providing technical assistance to municipalities and private landowners in areas such as bio-engineering, water-quality and environmental monitoring. There's more than enough work to go around - CLOCA will continue to concentrate on where it can provide the best service to the - community. 1997 saw a draft Flood Contingency Plan developed jointly by Conservation Authorities from Halton in the west to Ganaraska in the east. Locally we also had an expansion of the streamflow gauging system in co-operation with the City of Oshawa. Watershed planning continues to be a high priority with Bowmanville Creek, Pringle Creek and Taunton North studies all moving forward during the year. j 1997 saw real progress on the development of our Information Management System; we have received excellent co-operation from our municipalities in this regard and continue to work closely with them. As gaps in, or required additions to, our data base are identified, we adjust accordingly our internal.management procedures and our external monitoring and inventory work in areas such as fisheries, wildlife, plant communities and water quality. In summing up, please note that 1998 marks the 40th anniversary of the establishment of the Central Lake Ontario Conservation Authority. One of the growing concerns I see in the community is the issue of water quality generally and the protection of our i groundwater supplies in particular. I would like to suggest you consider this as a theme for marking the anniversary throughout the year. j I talked earlier about the changes that have taken place during your term as the Board of Directors. That we have been able to cope is in no small measure due to the support of the community. The Region of Durham has maintained financial support through difficult times, and, with the area municipalities provided assistance and encouragement in a multitude of ways. We also owe a debt to individuals, service clubs, schools and environmental organizations that help us achieve our objectives. I would like to thank immediate past Chairs Iry Harrell and Brian Nicholson for their support and advice, Vice Chair Rick Johnson for always being there to help out and fill in, the members of the Executive Committee and Board of Directors for their hard work and enthusiasm and a professional, competent staff. It has been a pleasure to serve as your Chairman in 1997 and I wish you all the best in the future. ELECTION OF OFFICERS At this point the meeting was turned over to Russ Powell, Chief Administrative Officer, who assumed the chair and declared all positions vacant. Res. #3 Moved by M. Novak i Seconded by P. Perkins THAT Sandra Hanson and Don Wright act as scrutineers;and, THAT in the event of an election all ballots be destroyed. CARRIED i ANNUAL AUTHORITY MINUTES NO. 1 -JANUARY 20, 1998 PAGE 4 ELECTION OF OFFICERS (continued) Authority Chairman Mr. Powell stated that three calls would be made for nominations for the position of Chairman and that no seconder would be required. Where more than one nominee stands for office, an election by secret ballot will be conducted. Nominations: R. Johnson nominated by B. Nicholson Res. #4 Moved by J. Gray Seconded by D. Hamre THAT nominations for the position of Authority Chairman be closed. CARRIED R. Johnson "stands" i R. Johnson was then declared Authority Chairman for 1998. Mr. Johnson assumed the Chair and conducted the remainder of the meeting. Authority Vice-Chairman Nominations: D. Moffatt nominated by I. Harrell J. Gray nominated by G.-Emm Res. #5 Moved by P. Perkins Seconded by M. Novak THAT nominations for the position of Authority Vice-Chairman be closed. CARRIED I D. Moffatt "stands" J. Gray "stands" l Election: An election by secret ballot was conducted, after which D. Moffatt was declared Authority Vice-Chairman. i Executive Committee "Ile Executive Committee consists of the Chairman, Vice-Chairman, and five (5) representatives to be elected at large. The Chairman called for nominations. Nominations: M. Novak nominated by I. Harrell J. Gray nominated by B. Nicholson 1. Harrell nominated by M. Novak J. Drumm nominated by S. Crawford G. Emm nominated by J. Gray P. Perkins nominated by R. Boychyn ANNUAL AUTHORITY MINUTES NO. 1 -JANUAR Y 20, 1998 PAGE 5 ELECTION OF OFFICERS Executive Committee(continued) Res. #6 Moved by S. Crawford Seconded by J. Drumm THAT nominations for the Executive Committee be closed. CARRIED M. Novak "stands" J. Gray "stands" I. Harrell "stands" J. Drumm "stands" G. Emm "stands" i P. Perkins "declines with thanks" I Res. #7 Moved by D. Hamre Seconded by J. Drumm I THAT the Authority Chairman, R. Johnson;Authority Vice-Chairman, D. Moffatt, and M. Novak;J. Gray L Harrell, J. Drumm, G. Emm;form the 1998 Executive Committee. CARRIED I 1998 CELkIRMAN'S REMARK First and foremost I wish to thank the members of CLOCA for electing me as Chairman for the coming year; I will do my best to justify your confidence. The fact that 1998 is our 40th anniversary makes it extra special and I think we should take the opportunity to raise our profile in the community. Conservation Authorities too often are a well kept secret - we do good work and shouldn't hesitate to spread the news. CLOCA has been through a lot of change in the past three years, much of it as a result of the Province changing the way it does business. Over the next three years we are going to see a lot of changes in our municipalities and the way they do business and CLOCA will continue to need to adapt as events unfold. I have every confidence we will continue to cope and deliver cost effective services in our community. The Central Lake Ontario Conservation Fund is now a reality. One of our goals in 1998 should be to make it operational, developing a clear sense of direction and fund raising priorities and mechanisms to involve the entire community in achieving its objectives. We have made a lot of progress on improving our profile and relations with the development industry, environmental organizations and our municipalities. I want to see us continue those efforts and build on the progress to date. The outgoing Board of Directors made a commitment to put in place new management plans for all our conservation areas. We want these plans to be realistic, achievable, and to strike a proper balance between people and the natural environment. Lynde Shores is underway; Westside/ Bowmanville is coming on-stream. Decisions must be made on priorities for Heber Down, Harmony, Long Sault, Cedar Valley, Enniskillen, Purple Woods and Stephen's Gulch. During the past two years we have made a lot of progress in upgrading our staff resources in both management and in such technical areas as ecology, engineering, forestry, planning, fisheries and geographic information systems. These people reflect our core business and are key to the long term success of the organization. We are very very good at what we do and with your I help on the Board of Directors, we'll get even better. ANNUAL AUTHORITY MINUTES NO. 1 -JANUARY 20, 1998 PAGE 6 I PRESENTATION BY CHAIRMAN TO RETIRING MEMBERS i In appreciation of service on the Conservation Authority Board of Directors, the Chairman made presentations to the following retiring members: Roger Anderson (1992- 1997) -Larry Hannah (1989 - 1997) Marcel Brunelle (1992- 1997) Robert Lutczyk (1995 - 1997) Howard Hall (1995 - 1997) Carson Elliott (1994 - 1997) SIGNING OFFICERS' i Res. #8 Moved by J. Gray Seconded by I. Harrell THAT the Signing Officers of the Authority be any two of the following. The Chairman, Vice-Chairman, Chief Administrative Officer/Secretary-Treasurer, and Director of Corporate Services. CARRIED SOLICITORS Res. #9 Moved by B. Nicholson Seconded by J. Gray TIL4T the firms McGibbon, Bastedo, Armstrong and Armstrong, Oshawa; Gardiner, Roberts, Toronto; and Beard, Winter, Toronto be appointed Solicitors for the Authority. CARRIED AUDITORS Councillor Boychyn inquired if the services provided by the solicitors, auditors and bankers of the Authority were ever tendered. Sandra Hanson, Director of Corporate Services answered questions from members. Discussion ensued. Res. #10 Moved by D. Hamre Seconded by D. Moffatt i THAT the matter be referred to the Executive Committee to receive a report on the findings and recommendations of the review of services provided by auditors for the Conservation Authorities of the GTA. CARRIED j BANKERS Res. #11 Moved by B. Nicholson Scx onded by J. Gray THAT the Toronto-Dominion Bank, 4 King Street West, Oshawa, be appointed Bankers for the Central Lake Ontario Conservation Authority. Amendment Moved by R. Boychyn Seconded by M. Novak THAT the Toronto-Dominion Bank, 4 King Street West, Oshawa, be appointed Bankers on an interim basis for the Central Lake Ontario Conservation Authority; and, THAT a request for proposals on banking services be received from various banks. RES. #11 CARRIED AS AMENDED j ANNUAL AUTHORITY NHNUTES NO. 1 -JANUARY 20, 1998 PAGE 7 BORROWING BY-LAW Res. #12 Moved by D. Hamre Seconded by R. Boychyn THAT the Chairman or Vice-Chairman and the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services of the Central Lake Ontario Conservation Authority are hereby authorized to borrow from time to time, by way of promissory note,from the Toronto-Dominion Bank, 4 King Street West, Oshawa, the sum or sums not exceeding $1,000,000 to meet immediate administrative and operational expenditures until the Province of Ontario grant and/or Regional levy have been received, and to give on behalf of the said Authority a promissory note or notes, sealed with the Corporate Seal and signed by the Chairman or Vice-Chairman and the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services for the monies so borrowed with interest which may be paid in advance or otherwise, at a rate not exceeding prime per annum. THAT all sums borrowed pursuant to the authority of this Resolution for the purpose mentioned herein shall, with interest thereon, be a charge upon the whole of the monies received or to be received, by the said Authority, as and when such monies are received. THAT the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the interest thereon, all of the monies hereinafter collected or received by the said Authority from the Province of Ontario by way of a Grant or from the Regional Levy to be made in accordance with provisions of The Conservation Authorities Act. CARRIED CONSERVATION ONTARIO COUNCIL Res. #13 Moved by I. Harrell Seconded by S. Crawford i THAT the Chairman, R. Johnson, be appointed as the Authority's rcpresentative on the Conservation Ontario Council. Alternative designates are Vice-Chairman, D. Moffatt or Chief Administrative Officer, J.R. Powell. CARRIED EINFORCE`IENT OFFICERS (i) Fill, Construction and Alteration to Waterways Regulation#145/90 Res. #14 Moved by R. Boychyn Seconded by J. Drumm THAT D. Wright, P. Sisson, W.A. Fry, T. Aikins, and R. Hersey be appointed Enforcement Officers under the Fill, Construction and Alteration to Waterways Regulation#145190. CARRIED (H)Conservation Areas Regulation#101/92 Res. #15 Moved by S. Crawford Seconded by J. Drumm' THAT M. Hrynyk, C. Dewey, T. Backus, and H. Hirschfeld be appointed Enforcement Officers under the Conservation Areas Regulation #101192. CARRIED I ANNUAL AUTHORITY MINUTES NO. 1 -JANUARY 20, 1998 PAGE 8 i CHIEF ADMINISTRATIVE OFFICER (1) Staff Report#4213-97 1998 Meeting Schedule- Board of Directors and Executive Committee i J.R. Powell indicated that there was an error in the 1998 Meeting Schedule(Schedule 15-1), in that May 5th is the date for the _ Executive Committee meeting and May 20th is the date-of the Board of Directors meeting in May. Res. #16 Moved by G. Emm Seconded by S. Crawford THAT Staff Report#4213-97(attached as Schedule 15-1)be received for information; and, THAT the 1998 Meeting Schedule for Board of Directors and Executive Committee meetings, as outlined in Staff Report#4213-97, be adopted. Amendment Moved by B. Nicholson Seconded by D. Harare THAT Staff Report#4213-97(attached as Schedule I5-1)be received for information; THAT the March 17th Board of Directors meeting be changed to March 24th; and, THAT the 1998 Meeting Schedule for Board of Directors and Executive Committee meetings, as amended in Staff Report#4213-97, be adopted. RES. #16 CARRIED AS AMENDED MUNICIPAL AND OTHER BUSINESS Councillor Emm noted that The Whitby Free Press should be removed from the agenda circulation list as well as the Ajax Pickering Bay News, as both papers were no longer in circulation. ADJOURNlfENT Res. #17 Moved by S. Crawford Seconded by J. Gray TFLAT the meeting adjourn. CARRIED The meeting adjourned at 8:04 p.m. i I CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: January 15, 1997 i FILE: S.R.: 4213-97 APPROVED BY C.A.O. j MEMO TO: The Chairman and Members of CLOCA Board of Directors FROM: J.R. Powell, Chief Administrative Officer SUBJECT: Amended 1998 Meeting Schedule - Board of Directors and Executive Committee I ANIlVIENDED 1998 MEETING SCHEDULE I j EXECUTIVE COMMITTEE BOARD OF DIRECTORS Tuesday January 13 Tuesday January 20 Tuesday February 3 Tuesday February 17 Tuesday March 3 Tuesday March 24 Tuesday April ? Tuesday April 21 Tuesday May 5 Wednesday* May 20 i Tuesday June 2 Tuesday June 16 Tuesday July 7 Tuesday July 21 Tuesday September 1 Tuesday September 15 Tuesday October 6 Tuesday October 20 Tuesday November 3 Tuesday November 17 Tuesday December 1 Tuesday December 15 * Wednesday meeting due to Monday being a statutory holiday. AMENDED AUTHORITY RESOLUTION #16-98, dated January 20, 1998 "THAT Staff Report #4213-97(attached as Schedule 15-1) be received for information; THAT the March 17th Board of Directors meeting be changed to March 24th; and, THAT the 1998 ?Meeting Schedule for Board of Directors and Executive Committee meetings, as amended in Staff Report #4213-97, be adopted." JRP/ms i . I i I i A Newspaper for Kids and Their Families COUNCIL INFORMATION N � Hello, Welcome to KID'n AROUND, a newspaper designed solely for children ages 6 0 12. Each month there will be a new theme,articles, stories,puzzles and contests. KID AROUND represents the team efforts of highly qualified people,passionate about what j they write for children and who join in a vision that we hope will inspire,teach and delight our young readers. We strive to be both entertaining and informative,but above all, we want our attitude of honesty and respect for children to shine through every word. For we believe that when we invest time and talent in our children,we make a real investment in the future. I KID'n AROUND is freely distributed through schools, libraries and retail outlets on a monthly basis. The next issue will be in March. While we continue to build a paid advertising base,we are also interested in printing public service ads in the form of activity or coloring pages which help children to better understand the world around them. If you would like to be involved with future issues of KID'n AROUND, please contact us at 905-831-6224. i Thank you for your time and interest. Sincerely, Ann Matheson B.Ed Publisher KID'n AROUND " Durham Region tt ! ._._....._..,...: NOTE: Newspaper available 1 in the Clerk's Dept. i ""' •'�''� u/:ib AM TU: 1-yUb-6'L 3-9169 ERODE: PAGE: 002-003 COUNCIL INFORMATION 1_12 26/01/98 C, r>, ` F i . ,� � CFC Bulletui#13 't j About the Bulletin This is the 13th in a series of bulletins that the Canadian Firearms Centre (CFC) will be publishing approximately every two weeks until 2003. The CFC is the group of federal and provincial/territorial partners charged with implementing the Fiz•easwts Act. The purpose of the bulletin is to provide basic information on specific areas of the Act and how it applies to you. It is available in French, English, and Inuktitut. The. Firearms Act grill coma iJ)tc7 effect o1J C?Ctobel` �: 1 yyc5', Here 's the laa�. Safe Transport of Firearms Under the Fi.reazhrs Act, the requirements for safely transporting firearms will change only slightly . All firearms must be transported unloaded at all times except for muzzle-loading firearms. You can transport loaded muzzle-loading firearms between hunting sites if the firing cap or flint is removed. When leaving your non-restricted firearm in your unattended vehicle, lock it in the trunk or similar compartment. If there is no trunk or similar compartment, leave the firearm out of sight and the vehicle locked. You can transport your I non-restricted firearm on your snowmobile, boat, or ATV as long as it is unloaded. You can leave it unattended only if you are in a remote wilderness area , the firearm is out of sight, and you have attached a suitable, secure locking device (i.e. trigger lock, cable lock) to it so it cannot be fired. You do not need to attach a locking device if the firearm is for predator control . When transporting a restricted or prohibited firearm you must have an Authorization to Transport (see below). As well, attach a suitable, secure locking device (i.e. trigger lock, cable lock) to it so it cannot be -fired, and keep it in a securely locked, non-see-through container that cannot be easily broken into or accidentally opened during transport. When transporting an automatic firearm remove the bolt or bolt-carrier (if it is removable). When leaving your restricted or prohibited firearm in your unattended vehicle, keep the container in the locked trunk or similar compartment. If the vehicle does not have a trunk or similar compartment, leave the container out of sight and the vehicle locked. (Please note, prti r.incial: 'tes ri torial Acts AI also apcl r ote". • . i )7ov the lag Applies to you: Authorization to Transport You don't need an authorization to transport your non-restricted firearm. When transporting your restricted or prohibited firearm between two or more specific places you will need an Authorization to Transport. It will replace the existing Permit to Transport, Permit to Convey, and the Permit to Carry for target shooters and collectors. It also will be available to you free of charge . The Authorization to Transport may be valid for up to three years, and may be renewable by telephone . To obtain an Authorization to Transport you need to contact a firearms officer. You will need to provide the following information: a description of the restricted and/or prohibited firearm being transported, the time that the firearm will be transported, the places, to and from, that you will transport the firearm (by a reasonably direct route) and the reason for transporting the firearm. �Flease notes. p?t�r•itJCial territorial policias m�3r• also applr;l. like h'ore Infor•Ration 1 If you would like more information, want to be added to our distribution list for CFC Publications, or if you have any questions about the Fireainis Act and its regulations, call our toll-free number, 1-800-731-4000, send us an e-mail at canadian.f irearms@j ust ice.x400.ge.ca, fax us at 613-941-1991, or write to us at Communications Group, Canadian Firearms Centre, 284 Wellington Street, Ottawa, Ontario, Y.1A 0H8. Information also is available on our website at http://canada.justice.gc,ca. Where possible we would prefer to send documents electronically, m please indicate if you have access to e-mail or a fax machine. Also please indicate your preferred language, either English or French. The next bulletin will be about buying a non-restricted firearm at a retail business under the Fia`eaznrs Act. The bulletin is designed as a general information tool only. For legal references, please use the actual legislative provisions. I i COUNCIL INFORMATION I-13 I I January 29, 1998 The Regional Municipality of Durham Clerk's Department The Honourable Tony P. Clement 605 Rossland Rd.East Minister of Transportation P.O.Box 623 3rd Floor, Ferguson Block Whitby,Ontario Canada t_1 N 6A3 77 Wellesle y Street West (905)668-7711 Toronto, Ontario Fax:(905).668-9963 M7A 1 Z8 P.M.Madill,A-m.c.r. Regional Clerk Highway.401 Widening, from Brock Road to Harwood Avenue - Environmental Study Report Our File: 002-00 I Honourable Sir,.the-.Plan ning Committee of Regional Council considered the above-matter and at a meeting held on January 28, 1998, Council adopted the following recommendations of the Committee: "a) THAT the widening of Highway 401 between Brock Road and Harwood Avenue, as proposed in the Ministry of Transportation's December 1997 Environmental Study Report, be supported'as an' interim measure, prior to the ultimate expansion of Highway 401- to Courtice Road; i b) THAT the Ministry. of Transportation be requested to proceed immediately with the Environmental Assessment studies necessary to commence the expansion to Courtice Road;-and __. c) THAT a copy of Commissioner's Report #98-P-010 be forwarded to ✓� r�� ^,UTION the Ministry of Transportation, Town of Pickering, Town of Ajax, ���, Town of Whitby, City of Oshawa and Municipality of Clarington." rV ../2 =21 1 I I - z - Enclosed for your information is a copy of Report #98-P-010 of Mr. A.L. Georgieff, Commissioner of Planning. i . i P.M. Madill, A.M.C.T. Regional.Clerk cc: Mr. B.Hurd; Project Manager, Cole, Sherman & Associates Mr: B:Taylor, Clerk, Town of Pickering Mr. M. De Rond, Clerk, Town of Ajax -Mr. D.W. McKay, Clerk, Town of Whitby Mr. B. Suter, Clerk, City of Oshawa Ms. Patti'L. Barrie, Clerk, Municipality of Clarin ton Mr. A.L.Georgieff, Commissioner of Planning r I i I i i _ Planning Department Commissioner's Report to Planning Committee I Report No. 98-P-010 Date: January 20, 1998 SUBJECT _ Highway 401 Widening, from Brock Road to Harwood Avenue - Environmental Study Report, File: 4.2.16.14 Communication dated December 19, 1997, from Mr. Bram Hurd, P.Eng., Project Manager, Cole, Sherman and Associates Limited I RECOMMENDATIONS 1. THAT the widening of Highway 401 between Brock Road and Harwood Avenue, as proposed in the Ministry of Transportation's December 1997 Environmental Study Report, be supported as an interim measure, prior to the ultimate expansion of Highway 401 to Courtice Road; 2. THAT the Ministry of Transportation be requested to proceed immediately with the Environmental Assessment studies necessary to commence the expansion to Courtice Road; and 3. THAT a copy of Commissioner's Report No. 98-P-010 be forwarded to the Ministry of Transportation, Town of Pickering, Town of Ajax, Town of Whitby, City of Oshawa and Municipality of Clarington. REPORT 1. Purpose 1.1 The Ministry of Transportation (MTO) has completed a Class Environmental Assessment study, which recommends the widening of Highway 401 between Brock Road in the Town of Pickering, and Harwood Avenue in the Town of Ajax, as shown on Attachment 1. This report provides an overview of the Environmental Study Report (ESR) recently completed for the undertaking, and examines the implications of the study recommendations on Durham Region. 25 i r Commissioner's Report 98-P-010 Page 2 i 2. Overview of ESR f I i 2.1 In 1990, the Ministry of Transportation (MTO) completed a preliminary design - study for the ultimate expansion of Highway 401 from Brock Road to Courtice Road. That study recommended the widening of Highway 401 to a 12-lane core/distributor system from Brock Road to the proposed Ajax/Pickering/Whitby freeway link, and a 10-lane section from the link to Courtice Road. The study also proposed new interchanges at Pickering Beach Road (to replace Harwood Avenue), Lakeridge Road and Stevenson Road (to replace Park Road). 2.2 MTO has indicated that it is not anticipating constructing this system expansion for some years due to fiscal restraints and other priorities. In the interim, MTO is proposing to widen Highway 401, to "transition" from the recently completed 12- lane core/distributer system west of Brock Road, to the existing 6-lane section east of Harwood Avenue. 2.3 An ESR recently completed for this project proposes a widening of Highway 401 to 10 lanes between Brock Road and Westney Road, and 8 lanes between Westney Road and Harwood Avenue. The project will also include the rehabilitation and widening of the Church Street structure, improvements to I existing ramps and drainage, construction of median barriers and installation of high mast lighting. 2.4 The ESR notes that "with these improvements, it is anticipated there will be a reduction in capacity-related incidents resulting from the proposed transition, and a reduction in nighttime accidents with the installation of full illumination. Additional safety enhancement will include i) wider lanes, ii) enhanced barrier protection, iii) new driving surface and iv) improved signage". It also notes that this project will "not preclude advance construction of local municipal initiatives", such as the Pickering Beach Road interchange, and that most of these improvements can be salvaged for the ultimate Highway 401 expansion. 2.5 The ESR also outlines potential environmental impacts associated with the undertaking, and proposes mitigation measures to address these concerns. An environmental monitoring program, which features the hiring of an environmental inspector during the construction phase, is proposed to ensure the mitigation measures are implemented appropriately, and achieve the desired results. i 3. Implications on Durham 3.1 From a transportation perspective, the widening of Highway 401 between Brock Road and Harwood Avenue may address certain immediate operational and 26 i REVISED Commissioner's Report 98-P-010 Page 3 safety concerns, and should relieve some of the congestion currently experienced on the local and regional road networks. However, this improvement is only an interim measure which will not resolve the Region's long i term transportation requirements. _ I 3.2 While the widening is welcomed, the Province must continue the expansion program further east, including the addition of the interchanges at Pickering Beach, Lakeridge and Stevenson Roads. This freeway expansion, identified as the Region's first priority in the February 1997 freeway improvement priorities ' report (Joint Report No. 97-J-2), is needed to support continued growth and travel demands in Durham. Without this expansion, congestion on Highway 401 will continue to move further east for the foreseeable future. In addition, improved access to key industrial and commercial locations provided by the improvement is necessary to facilitate continued economic development. Accordingly, it is recommended that the Province proceed immediately with the Environmental Assessment studies necessary to commence the expansion. 3.3 Until the expansion through:Oshawa is.realized, the Region will continue to pursue interchanges at the aforementioned locations, and_improvements.-at Harmony Road:;,H Regional study currently"underway is explonng_ .poitu,pities to advance construction of these improvements. Representatives of the regional and local planning, works and economic development departments and MTO are participating in the study, which is expected to be completed in early spring. 4. The Works Department concurs with the recommendations of this report. A.L. Geo ' ff, M.C.I.P., R.P.P. ! Commissioner of Planning Attachment 1 - Location Sketch RECOMMENDED FOR PRESENTATION TO COMMITTEE C/A,141� G.H. ubitt, M.S.W., C.A.O. NATRM ROJECTSWWY101W01EA-1.WPO 27 i I i i • OSHAW � Attachment: 1 a AJAX ,WHITS PICKERING i File: 4.2.16.14 Hq ^V p, Municipality: TOWN OF AJAX ON �Y StE TOWN OF PICKERING A STUDY AREA It i �oe.amnvwxrn woa t I I Is t 1 • t s t 'yam �01A °0 2`� KINGS �EX 6 • N N O I STUDY AREA #C,- N 28 COUNCIL INFORMATION I-14 ®, Human Resources Doveloppement des Development Canada ressources humaines Canada Youth' I Youth Career Info Fair - March 23 & 241998 Ems l=gl` 78 Richmond Street West Oshawa, ON L1G 1Ell Phone (905) 725-6319 Facsimile (905) 725-3704 January 26, 1998 JAN 2 9 1998 Dear Friend: I am writing to inforMUA!P"tl-tWh"MMW&urces Centre Canada has planned a Youth Career Info Fair in Durham RegioAAftQUrWfflQ6 place March 23&24, 1998,and will be located at the Adult&Continuing Education Centre(formerly Central Collegiate),240 Simcoe Street South,Oshawa, ON,L 1 H 4114. Admission to all visitors will be free of charge. The Youth Career Info Fair will have two main features: pavilions,and interactive displays. As well, — accessory events such as professional development opportunities for educators and agency personnel will ensure that there is a lasting local impact from the Youth Career Info Fair. The pavilions will team several companies to represent an industry sector.Each pavilion will be staffed by industry representatives who will provide participants with information about skills that are necessary to achieve success in their respective industry.The interactive displays will complement the pavilions and are designed to help participants improve their employability skills by linking youth to the labour market The absence of employment opportunities has affected all Canadians. As companies restructure and attempt to find their place in the global economy,entry level positions for young people have become scarce. Currently,unemployment among young people(16-29)is running at a rate almost twice the i national average and despite improvements in the overall unemployment rate,there has not been an accompanying improvement in the opportunities for our youth.There is a clear and compelling need for all citizens,organizations,businesses and governments to work cooperatively to solve this problem. Please inform your colleagues and potential fair visitors about this extremely worthwhile event. If possible, I would request you include notice about the fair in your next company newsletter. Also, if your organization is not for profit and needs help recruiting young volunteers,call Tara or Gary at 725-6319 to discuss how you may be able satisfy your corporate goals by using the fair as a volunteer recruitment opportunity. Thank you for your assistance. For your convenience,I have included some background about the upcoming fair. Yours sincerely, -_-_-......_. ..___.._...._.... — ' C:`. .. Tai.___-- �-•` Julian Luke Youth Career Info Fair Coordinator f t P.S. u/A;kg Gm tK-s W" - 4400, - g www.careerfair.org::_. .- Canada ; .. YOUTH CAREER INFO FAIR - FACT SHEET Youth EmIA=lt i Durham -March 23& 24, 1998 Humen ReaourCras Dbwloppemvnt dss Development Canada renourcea humairswo Canada 78 Richmond Street West Oshawa, ON L1G 1El Phone (905) 725-8319 Facsimile (905) 725-3704 YOUTH CAREER INFO FAIR TO TAKE PLACE IN - DURHAM REGION ON MARCH 23 AND MARCH 24, 1998 What will take place during the Youth Career Info Fair(YCIF)? This particular event will be different from the job fairs that have been held in the past. The YCIF is an innovative event and will act as a model for future career fairs to follow. The structure of the fair will be designed as follows: • The first aspect of the event is a number of business based pavilions which will provide an opportunity for attendees to learn about the employability skills that are necessary to succeed in a number of different careers. A variety of businesses from the following economic sectors will have representatives to provide the most current career information to the youth attending the fair. Skilled Trades Logistics and Operations Information Technology Retail, Sales, and Marketing Money and Finance Health/Human Services Science and Technology Hospitality,Tourism, and Sports Arts, Entertainment, and Fashion Environmental Industry • The second aspect of the event are interactive displays which will help the youth attending the YCIF to improve their employability skills. These interactive displays will focus on the following areas of career development: Resume Writing and Interview Skills Financing Post-Secondary Education Volunteer Opportunities Internet Chat Rooms to Meet Professionals Guest Speakers Youth Entrepreneurship 'Internet Resources and Resume Marketing Professional Development for --J Educators/Youth Serving.6 e ersonnel Where is the YCIF taking place? The event will take place at the Adult& Continuing Education Centre (ACEC) located at Gibb St. and Simcoe St. South in downtown Oshawa. The entire first floor of this facility (which was formerly Central Collegiate)will be the site for numerous business pavilions, interactive display booths,workshops, guest speakers, and computer labs. The address for the ACEC is: 240 Simcoe Street South Oshawa, ON L1 H 4H4 There will be limited parking available at the ACEC during the event. Fair goers are encouraged to take public transit to and from the event. I When is the YCIF taking place? Monday, March 23rd, 1998, and Tuesday, March 24th, 1998. The hours of operation will be 9:00 a.m. to 9:00 p.m. on both days. Who can attend the YCIF? The event will be free of charge to all citizens, but will directly focus on the needs of those individuals in Durham Region aged 16 to 29. Anyone who is currently in school, has recently graduated, or is considering improving their current career situation wily benefit immensely from attending the fair. Why is the YCIF taking place? Human Resources Development Canada has undertaken this initiative in order to deal with the current crisis with youth unemployment and underemployment. The YCIF will help the government deliver their following objectives: I • Broaden access to the awareness of the range of resources, programs, and services available under the Government of Canada's Youth Employment Strategy by bringing information directly to young people. Demonstrate using a"hands-on, interactive"method,the nature of those resources and programs include: computer access to the Youth Resource Network,the National Graduate Register, CanWorkNet, SchoolNet, and other relevant web sites which provide career planning tools, advice on job search and interview skills,jobs and labour market information. • Link with other Government of Canada departments, local community partners, private sector employers, and others with a vested interest in giving youth access to information on work experience opportunities. YCIF background Intnrmadon: May. 1996 -Young Canadians challenged the Ministerial Task Force on Youth to have the Federal Government provide better information on work experience opportunities and career choice possibilities. September. 1996-A National Youth Conference was held which focussed on the impact of the "new economy"on the future careers of youth. The messages that young Canadians originally gave the Ministerial Task Force were reinforced during this event. February 12, 1997-The Youth Employment Strategy was announced making a commitment to ensure better access to labour market information through the creation of a Youth Resource Network of Canada web site, a 1-800 Youth Info Line, publication of the Youth Link guide outlining all federal youth programs and services, and the commitment to host a series of Youth Career Info Fairs. March 24, 1997- Sudbury hosted the first full-scale fair considered as the pilot event for the series of Youth Career Info Fairs that the Government had planned. The event was also used to officially launch the Youth Link publication. April 21 & 22, 1997- Following the format of the Sudbury Fair, Toronto was the site for a successful Youth Career Info Fair. November 14 & 15. 1997-The Design Youth Career Info Fair was the first fair to focus on a particular sector and was considered to be the prototype for future "theme"fairs. This all leads to the Youth Career Info Fair being held in Oshawa, March 23 & 24, 1998. For further information, please call 905-725-6319 I Please deliver to: Regional Municipality of Clarington COUNCIL INFORM&TION I-15 Ministry of Minisiere des community and servioes soeiaux Social Services et communauiaires 1 Office of the Minister Bureau du Ministre Hepburn Black Edifice Hepburn Ono Queen's Park Queen's Park Toronto ON M7A 1 E9 Toronto ON WA 1 E9 (416)3255225 (416)325-5225 February 2, 1998 Dear Colleague, Today,I announced the next steps in the government's reform of Ontario's welfare system and I am writing to share the details with you. The Ontario Works Act,that was passed by the Legislature in November of last year,fulfills this government's promise to fundamentally reform the welfare system. It is based on the principle of mutual responsibility-the responsibility of the individual to become self-sufficient and the responsibility of the system to provide people on welfare with the employment assistance they need to do so. We plan to proclaim the Ontario Works Act in April.The Ontario Works Act will extend the mandatory workfare program to include single parents whose children are in school and will strengthen the government's ability to combat fraud and abuse. It also ends the costly and outdated two-tier system for delivering welfare. The transition will be a careful and planned process and will continue throughout 1998. Many of the changes I announced today address rules under the current system that do not make sense. For example,people are paid for costs they do not have;income from other sources is not recognized in a realistic way,and people receive benefits when another program is available. More details about today's announcement and the specific changes may be found in the attached information package. Over the past year,we have been working with municipalities across the province to deliver the Ontario 'Works program. I appreciate the work that has been done at tlxe municipal Ievel to make Us program successful and I know I can count on your support as we move forward. I .32 f 2 We are on the right track. Our welfare reforms and Ontario's improving economy are helping more people escape the welfare trap. Almost a quarter million people have stopped relying on welfare since this goYernment was elected in June 1995. We will continue to ensure that the j system reflects the principles of accountability,effectiveness,and fairness. Sincerely, I rant Ecker,2 Minister CLE— I ACK, By ! ORIGINAL _ �... �.. cC.� TIC----- �__...�... - -- i i News Release Ontario Communique" Ministry of Community Ministdre des Services and Social Services soclaux at oommunautaires I i Communications and Marketing Branch (416)325-5151 Public dgalement en frangais February 2, 1998 Government Puts Greater Accountabili Y In The Welfare S stems The Minister of Community and Social Services,Janet Bcker,announced today that further changes to Ontario's welfare system will begin to take effect on April 1, 1998.The Ontario Works Act was passed by the Legislature in Noveztnber of last year and will be proclaimed at the beginning of April, I . "Our government promised fundamental welfare reform and we are delivering on that promise," said the Minister. "Since June 1995,we have been working to restore integrity to the welfare system. These changes are founded on the principles of accountability,effectiveness,and fairness. Under the old system there are many rules that,quite simply,do not make sense. We are paying people for costs they do not have,failing to recognize income from other sources in a realistic way, and providing benefits when another programs is available." The changes include: ► The government will pay actual costs incurred for shelter,up to a maximum,by homeless people who are on welfare,rather than automatically paying a minimum amount whether it is used for shelter or not. The Minister announced last week that the province is investing an additional$6.5 million to better support municipalities and community-based organizations to meet the needs of the homeless. ► At present,prisoners may receive their full benefits for the months in which they enter and leave j ail. This practice will end.As a result of an information-sharing agreement with the Ministry of the Solicitor General and Correctional Services,social assistance has already been reduced or terminated for more than 1,700 individuals. i ► Actual costs up to the current maximums will be paid for utilities and board and lodging.. j instead of paying automatic minimum amounts. L7> '1'r` Y( HH -- _ ► People on welfare living with their parents will no longer be considered boarders. Tlseiz —''�°��~ I monthly allowance will range from a minimum of$50 to a maximum of$245, "� BY ".MINA! _ - f��PlrS TCI: i i, f i ' i 2 ► The income that people receive if they take in boarders is used in calculating their monthly allowance. Currently,the allowance is reduced by either 40 per cent of the amount received or$60, whichever is higher. In future,the$60 will be increased to$100. This will more accurately reflect income that is being received. ► Currently, a person who does not receive a monthly allowance remains attached to the welfare system simply to receive health benefits,for example,a drug card. There is no verification of whether or not the drug card is needed or if drug costs are being incurred. In future,people must be eligible for welfare to receive this drug card. People not on welfare who require assistance with drug costs can access the Trillium Drug Program.This program helps people who have high drug costs in relation to their income and was expanded by this government in April 1996. Currently,there is no consistency in the way benefits are provided to parents with joint j custody of a child. To establish consistency and:fairness in the way benefits are paid,only the primary caregiver will receive the full children's benefit. I "It doesn't make sense to pay for costs that people on welfare do not have. These changes axe aimed at making sure that taxpayers' dollars are going to those who need help most,"said Minister Ecker. "The system must encourage accountability and responsibility. It must be fair to the taxpayers who foot the bill.These are the values behind making welfare work, and we want to see them reflected throughout the system." In addition to the above changes,the transfer of single parents'to Ontario Works,the government's workfare program,will begin April 1. It will be mandatory for single parents with children in school to participate in Ontario Works. The government is providing$30 million for child care for Ontario Works participants. "People want to work and Ontario Works is helping them do that. The system must be effective in encouraging people to take responsibility,become self-sufficient and move as quickly as possible to a job,"said Minister Ecker. The changes announced by the Minister are the latest in a series of welfare reforms undertaken � by the government since rune 1995. Earlier welfare reform initiatives include; ► In 1995,the government reduced social assistance rates and tightened eligibility for teenagers,people in common-law relationships and people who quit work or refuse employment. i ► In 1996,the province began the phase-in of Ontario 'Works,the mandatory workfare program that requires people on welfare to contribute to their communities and use employment supports to find work. i I ► Last November,the Legislature passed the Ontario Works Act. It extends workfare throughout the province, and strengthens the government's ability to combat fraud and abuse. It also ends the costly and outdated two-tiered system for delivering welfare. /3 I I i 3 The Legislature also passed the Ontario Disability Support Program Act in November. The Act creates a new income support program designed to meet the unique needs of people with disabilities and will take them out of the welfare system. "These changes are the latest steps in our reform of the welfare systems,"said the Minister. "We are on the right track. Almost a quarter of million:people have left welfare since we were elected in 1995. Ontario's improving econorny and our welfare reforms are helping people escape the welfare trap, and get back to work. These changes are designed to ensure that people are better off working than relying on welfare." Details of the specific changes announced by the Minister are provided in the attached backgrounder. Client information: 1-888-668-4636 TTY: 1-800-387-5559 j -30- Catherine Melville Jane Greer,Acting Manager i Communications Assistant Media and Editorial Unit Minister's Office Ministry of Community Queen's Park and Social Services (416)325-5213 (416)325-5156 i I i I i Backgrounder Ontario Document d'information Ministry of Community Ministbra des Services and Social Services soclaux et oommunautairee _ I i Shelter Allowance For Homeless People on Welfare Item: Pay actual costs for shelter, rather than an automatic amount for people on welfare who are homeless. i Current: The majority of homeless people on welfare receive an automatic amount for shelter without proof of actual costs. This payment is made whether the money is used for shelter or not. For example, in addition to the basic needs allowance of$195 per month; a single person receives an automatic payment of$120 whether the money is used for shelter or not. Change as Actual costs for shelter will be paid up to a maximum. of April 1: For example: A homeless single person who has no actual shelter costs will continue to receive the basic needs allowance of$195 per month. A homeless person who rented a room for a portion of a month has actual costs for shelter of$180. This person would receive a welfare cheque for$375. Included in the $375 is the$195 basic allowance amount and the $180 for shelter. it does not make sense to pay benefits unless real costs are incurred. Targeting welfare dollars in this way will deliver more effective help to homeless people, and ensure more effective use of tax dollars. The government will continue to provide almost$60 million to municipal governments to help'support emergency hostels for homeless people. Municipalities operate Emergency hostel programs and the province funds 80 per cent of the per diem rates. Last week, the government announced an additional $6.5 million to support municipalities and community-based organizations to improve services for homeless people. _ � I i i i i j Prisoners Item: To ensure that prisoners do not receive welfare. Current: A person may be eligible for a full month's assistance during the month they go to jail and in the month they are released. Change as Individuals are not eligible for assistance while they are in jail. of April 1: As a result of an information-sharing agreement between the Ministries of Community and Social Services and Solicitor General and Correctional Services, social assistance has already been reduced or terminated for more than 1,700 individuals in prison. Utility Costs Item: Pay actual utility costs rather than paying an automatic amount. Current: There is an automatic minimum amount paid for utilities regardless of actual costs. These automatic payments vary with family size. For example, under the current system, a single person on welfare may only have utility costs of$23 per month, but would receive the automatic minimum amount of$30 for utilities. Change as The minimum payment will be eliminated and actual utility costs will be of April 1: paid subject to the maximum shelter allowance. For example, the same person would receive$23 to cover the actual costs of utilities. Welfare Payments for People Who Board Item: Cover actual.board and.lodging costs of people on welfare rather than paying an automatic minimum amount. Current: People on welfare are paid an automatic minimum board and lodging amount, even if actual costs are below this amount. For example, a single person on welfare who has actual board and lodging costs of$150 per month, receives an automatic amount of$207 for shelter. i 2 I I Change as Only actual amounts will be paid for board and lodging up to a maximum of April 1: rate. For example, the same person will receive payment for the actual $150 cost. Actual board and lodging costs will be met under this change. It will result In fairer use of taxpayers' dollars by ensuring that help is extended to those who need it most. It does not make sense to pay for costs that people do not have. People on Welfare Who Live with Their Parents Item: The allowance that will be paid to people on welfare who live with their parents. Current: People on welfare who live with their parents are treated as boarders and are automatically entitled to receive a board and lodging amount. This ranges from a minimum of$207 to a maximum of$357 per month, even though their costs may be below the minimum. For example, a single person living at home who is not paying rent will receive the minimum amount of$207. I Change as People who live with their parents who are eligible for welfare will no of April 1: longer be considered boarders. Their monthly allowance could range from a minimum of$50 up to a maximum of$245. For example, the same single person living at home and not paying any rent will receive $50 to cover personal needs, e.g, sundry items. People living with their parents will only be eligible for welfare if they have been financially independent and are now in financial need. Minimum Boarder Charge Item: Increase the minimum amount that is considered income from a boarder. Current: People on social assistance may generate income by providing board and lodging. This income is taken into account in determining their eligibility for social assistance and the amount of their monthly allowance. Under the current rules, this income is assessed at an amount that is the higher of: a) 40% of the amount received, or b) $00 per month. 3 I i Change as Income earned in this way will be assessed as the higher of: of April 1: a) 40% of the amount received, or b) $100 per month. i This approach to assessing income derived from boarders retains the incentive to provide board and lodging, and is much more realistic in relation to the actual amounts that are being received for that purpose. Health Benefits Item: Only people who are eligible to receive welfare will receive health benefits, i.e, drug cards, through the welfare system. Current: A person who has enough earnings to leave the welfare system and is not eligible to receive an allowance remains attached to the system in order to receive health benefits, for example, a drug card. In order to do this, a person receives a cheque for$2,50. Change as Benefits, for example drug cards,will only be provided to people who are of April 1: eligible to receive welfare. Almost 1,700 people receive drug cards under this provision. Of this 1,700, those cases with verified health costs may continue to qualify on a transitional basis. People not on welfare who require assistance with drug costs can access the Trillium Drug Program. This program helps people who have high drug costs in relation to their income and was expanded by this government in April 1996. i Parents with Joint Custody Item: To establish consistency in the treatment of social assistance benefits in joint custody situations. Current: There is no consistency in the way benefits are provided to parents who are separated or divorced and have joint custody of a child. In some cases, where both parents receive welfare and the child lives with one parent, that parent receives the full children's benefit. In other situations, both parents receive the full children's benefit. Change as To ensure consistency and fairness, where parents have joint custody of a of April 1: child, only the primary caregiver will receive the full children's benefit. This is consistent with the definition used by the Federal Government's Child Tax Benefit. 4 I Single Parents Transfer to Ontario Works Item: To transfer single parents to the Ontario Works program. Current: Most single parents receive their benefits through the Family Benefits Program which is administered by the province. They are exempt from mandatory participation in Ontario Works but have, however, had the opportunity to do so on a voluntary basis, and to access to the program's supports, including child care. Municipalities administer the General Welfare Assistance program and Ontario Works. Changes as As the Social Assistance Reform Act is implemented, the current of April 1: two-tier welfare delivery system will end. Single parents will begin to move into Ontario Works, delivered at the municipal level. Those single parents whose children are in school will be required to participate in the program. Single parents whose children are not yet in school will have the opportunity to voluntarily participate in the program. They will be eligible for assistance with child care and other participation supports. The province and municipalities Invest over$600 million annually in child care funding. This includes $30 million in provincial funding for Ontario Works participants if child care is needed. i I i 5 J[tit�ar-Pzii" >!a' ;G.on :aarsau. :.....y;j..,.. :;•._:....,..., :P. I3.asedou` 1tloiia' ntiiaci �o WeT •,;.. �'Rre,�(W'e�ifa�re��i'��ouies��996�••:•, � ..: •:: nopZoyabl .: .iwgle. W,1th'2 Single....:..:. Single :2 rent W the• :. Children• Province �mP .. • :: :.: �•: ��.. . toys bled:•�:.<. . .:.: ble ...Dina t'it`s.':' Newfoundland $209 $568 $939 $1,016 Prince Edward Island $437 $663 $854 $1,225 Nova Scotia $494 $714 $880 $1,134 New Brunswick $261 $540 $723 $809 Quebec $500 $689 $850 $1,000 Ontario $520 $930 $957 $1,214 Manitoba $462 $596 $803 $1,220 Saskatchewan $480 $625 $865 $1,220 Alberta $394 $529 $766 $17 206 British Columbia $504 $771 $931 1 $1,136 :4Ma a.. Ontario's Current Rates $520 $930 $957 $11214 Average of other NINE $416 $633 $845 $1,107 Provinces % of Ontario's-Rates Above 25.2% 47.0% 13.2% 9.6% the Average ONTARIO'S RATES (EXCLUDING DISABLEt)RATES),ON AVERAGE, ARE 16% ABOVE THE AVERAGE RATE OF THE OTHER NINE I6, PROVR\CES. % Above the Rates of Other Provinces Newfoundland 149.4% 619% 2.0% 19.5% Prince Edward Island 19.0% 40,3% 12.1% -0.9% Nova Scotia 5.4% 30.3% 8.7% 7.1% New Brunswick 99.2% 72.1% 32,4% 50.0% Quebec 4.0% 35.0% 12.6% 21.4% Manitoba 12.7% 55.9% 19.2% -0.5% Saskatchewan 8.3% 48.8% 10.6% -0.5% Alberta 32.0% 75.8% 24.9% 0.7% British Columbia 3.2% 20.6% 2.8% 1 6.9% COUNCIL INFORMATION I-16 d MEMORIAL HOSPITAL, BOWMANVILLE N 47 LIBERTY STREET SOUTH, BOWMANVILLE,ONTARIO LiC 2N4 TELEPHONE 905-623-3331 0 FAX 905-623-8746 SINCE 1913 . January 26, 1998 SAN 2 8 IS Mayor Diane Hamre r.a Tp Municipality of Clarington ,:'..r•1^ ,i.+T7 Ct.'a""�u� 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor Hamre, j"N DA On behalf of the Hospital and the community we serve, we thank you and the Municipality for your support and generosity regarding waiving the building permit fee of $6,300. The renovated operating room suite will benefit patients and their loved ones as a result of improved privacy, accessibility, convenience and aesthetics. As noted previously, the project will be completed in January, 1998 and full use of the suite will commence February 2, 1998. We greatly appreciate your continuing support of our efforts to improve health care services to Clarington residents. i Sincerely, DiSTUTION i CLERK M T. Schonberg President ACK. BY ORfGHNAL T . I ryftS TO: TS:gy C.C. Victoria J. Girling _l Chair, Board of Directors_.. Working with you for a healthy tomorrow FULLY ACCREDITED BY THE CANADIAN COUNCIL ON HEALTH SERVICES ACCREDITATION COUNCIL INFORMATION I-17 i • i January 29, 1998 The Regional Municipality of Durham Clerks Department The Honourable Allan Leach 605 Rossland Rd.East Minister of Municipal Affairs & Housing P.O.Box 623 17th Floor, 777 Bay Street Whitby,Ontario Toronto, Ontario Canada L1 N 6A3 j (905)668-7711 M513 2E5 Fax:(905)668-9963 P.M.Madill,A-M.CJ. Ministerial Order for Exemption of Regional Office Plan Amendments j Regional Clerk (CC #13) Honourable Sir, the Planning Committee of Regional Council considered the above matter and at a meeting held on January'28, 1998, Council adopted the following recommendations of the Committee: "a) THAT the procedure for.Regional Official Plan Amendments exempt from Ministerial approval contained in Commissioner's Report#98=P-011 as Attachment 3, made pursuant to Section 17(9) of the Planning Act, as amended be adopted; b) THAT the Regional Solicitor be authorized to prepare any by-laws required to implement the changes-required by the Planning Act, as amended; and c) :THAT a copy of Commissioner's Report#98-P-011 be forwarded to the Ministry of Municipal Affairs and Housing and the area municipalities." ,ERK K. SY .._ i C' r It S 10: t - 2 - Enclosed is a copy of Report #98-P-011 of Mr. A.L. Georgieff, Commissioner of Planning. P.M. Madill, A.M.C.T. Regional Clerk PMM/cb I encl. cc: Mr. M. de Rond, Clerk,Town of Ajax Mr. G'S-. Graham,Clerk-Administrator, Township of Brock. Mrs. P.L. Barrie, Clerk, Municipality of Clarington Mr. B.C. Suter, Clerk, City of Oshawa Mr. B. Taylor, Clerk, Town of Pickering Mr. E.S. Cuddie, Clerk-Administrator, Township of Scugog Mr. W.E. Taylor, Clerk, Township of Uxbridge Mr. D. McKay, Clerk, Town of Whitby i Mr. A.L. Georgieff, Commissioner of Planning Mr. B.J. Roy, Regional Solicitor i • I i • i I I i i i Planning Department Commissioner's Report to Planning Committee Report No. 98-P-011 Date: January 20, 1998 SUBJECT Ministerial Order for Exemption of Regional Official Plan Amendments, File 2.7.3.16 Correspondence No. 98-13, dated January 9, 1998 from the Honourable Al Leach, Minister of Municipal Affairs and Housing RECOMMENDATIONS 1. THAT Council adopt the procedure for Regional Official Plan Amendments exempt from Ministerial approval contained in Commissioner's Report No. 98- P-011 as Attachment 3, made pursuant to Section 17(9) of the Planning Act, as amended; 2. THAT Council authorize the Regional Solicitor to prepare any by-laws required to implement the changes required by the Planning Act, as amended; and 3. THAT a copy of this report be forwarded to the Ministry of Municipal Affairs and Housing and the area municipalities. REPORT 1. Purpose The purpose of this report is to: a) notify Council that the Minister of Municipal Affairs and Housing has i exempted Regional Official Plan Amendments (Regional OPA's) from Ministerial approval; and b) adopt a procedure for processing exempt Regional OPA's. 29 I i 1 I 1 I I Commissioner's Report No. 98-P-011 Page 2 i 2. Provincial Delegation/Exemption Implementation Strategy 2.1 In November of 1996, the Honourable Al Leach, Minister of Municipal Affairs and Housing, released a proposed Delegation/Exemption Implementation Strategy for discussion and comment. The Region responded, via Commissioner's Report No. 97-P-13, dated January 21, 1997, in support of the I Strategy to exempt Regional OPA's from Ministerial approval. In part, the report recommended the following: "THAT the Planning Department bring forward amendments to Council's procedures for processing Regional official plan amendments ... in anticipation of the Ministerial order". 2.2 Subsequent discussions with Ministry staff indicated that the exemption order would likely be subject to conditions which had not yet been determined. Therefore, amended procedures could not be prepared in advance of the issuance of a Ministerial Order. 3. Ministerial Order 3.1 On December 23, 1997, the Region received a letter from the Minister containing the following: a) the final version of the Delegation/Exemption Implementation Strategy; b) a Ministerial Order(Ontario Regulation 525/97) exempting Regional OPA's from Ministerial approval, pursuant to Section 17(9) of the Planning Act; and c) a letter from Ministry staff explaining the implications of the Strategy and the Order on the Region's planning responsibilities (refer to Attachment 1). 3.2 In Durham Region, exemption applies to Regional OPA's received after January 19, 1998, and Council-initiated amendments for which notice of the first public meeting is given after that date. It does not apply to the Durham i Regional Official Plan. 30 i Commissioner's Report No. 98-P-011 Page 3 3.3 The Order requires that the Region meet the following conditions: a) continue to circulate Regional OPA's to the Ministry of Municipal Affairs _ e and Housing for comments; b) send a copy of the Clerk's declaration, to be sworn at the end of the 20-day appeal period, to the Ministry within 15 days of it being sworn; and c) send a copy of the Ontario Municipal Board's (OMB) record to the Ministry •-at the same time as an appealed Regional OPA is sent to the Board. 4. New Procedure for Regional OPA's 4.1 A new procedure has been prepared for exempt Regional OPA's that includes steps necessary to implement the Minister's order, as well as several housekeeping amendments. In the procedure, as detailed in Attachment 2, the deletions are shown with strikeouts ( ) and new sections are shown in bold type (bold). Notice of Adoption must specify a 20-day appeal period, within which any person or public body, including the Ministry, may appeal the adoption to the Ontario Municipal Board. If an appeal is not received, Council's decision will come into effect on the day after the appeal period expires. 4.2 Under the new procedure, there will be time savings for proponents of straightforward applications that have preconsulted with the Ministry and the Region. While the Department will no longer prepare and send.documentation for adopted Amendments to the Ministry, the compiling of records for the OMB and the Ministry will be the Department's responsibility. 5. Area Municipal Official Plans and Amendments 5.1 The Minister's Order does not authorize the Region to exempt area municipal official plans frorim.the Region's approval. The accompanying letter from Ministry staff explains that the Minister has not permitted area municipal official j plans to be exempt. However, the Region is expected to be authorized to exempt area municipal OPA's in early 1999, subject to such conditions as Council sets out. 31 Commissioner's Report No. 98-P-011 Page 4 i 5.2 Council endorsed the recommendations contained in Commissioner's Report i No. 97-P-13, dated January 13, 1997, directing the Depart ment to consult with area municipal staff and prepare procedures for exempting area municipal OPA's. In the fall of 1997, a working group of area municipal planning staff met to determine procedures, including appropriate exemption criteria for area municipal OPA's. Upon receipt of a Minister's Order authorizing such an exemption, a further report will be brought forward to Committee and Council on this matter. 53 To monitor the planning system, the Ministry will require the submission of an annual policy evaluation report, and that the Region meet other performance measures to be specified. A report will be brought forward when details are available. 6. Conclusion 6.1 The recommended new procedure for processing exempt Regional Official Plans is included as Attachment 3. 6.2 The report and procedure have been prepared with assistance from the Clerk's and Legal Departments. i A.L. G or C.I.P., R.P.P. Commissione of Planning Attachments: 1. Letter from the Honourable Al Leach, Minister of Municipal Affairs and Housing, dated December 22, 1997 2. Procedure for Regional Official Plan Amendments Received On or After January 19, 1998 3. Recommended new procedure. RECOMMENDED FOR PRESENTATION TO COMMITTEE i H. bitt, M.S.W., C.A.O. RABH1RC1�1AEXEM\CR.WPD ' Attachment 1 Ministry of Minist+re des Municipal Affairs Affalras municipales and Housing et du Logement Office of the Minister Bureau du ministre 777 Bay Street 777 rue Bay antuio Toronto ON MSG 2ES Toronto ON MSG 2E5 Tel(416)585-7000 T61(416)585-7000 _ December 22 1997 TO HEADS OF COUNCIL r You may recall that I released a proposed Delegation/Exemption Implementation Strategy in November,-1996, for discussion and comment. The strategy,which elaborated on the principle of exemption established in the Planning Am is part of a larger shift toward enhanced local autonomy and a more streamlined,policy-led planning system introduced by The Land Use Planning&Protection Act (Bill 20). i In general, the comments which were received during this consultation supported the changes proposed in the draft strategy. The Delegation/Exemption Implementation Strategy has since been revised,based on the results of this consultation. A copy of the final version of the strategy is enclosed for your information. Also enclosed is a copy of the Order that exempts municipalities included in phase I of the strategy from ministerial approval of official plan amendments, and a letter from ministry staff explaining the implications of the strategy and the exemption order for yom planning responsibilities. Should you have any questions about the strategy or the exemption order,please contact ' Mr. Paul Featherstone, Senior Planner. at(416) 585-6044 or Ms. Vivian Zothner-Cotic, Senior Planner, at(416) 585-6323 in the Provincial Planning Services Branch. i For your convenience, the final version of the Implementation Strategy will also be available through the ministry Website(httpJ/www.mmah.gov.on.ca), under Land Use Planning. • i Sincerely, A Leach Minister Enclosures 3 3 c: Mr. Michael Power, President, Association of Municipalities of Ontario Filed as 0.Reg. 5 / I On DEC 2 2 1997 r i Proposed Ontario JO/ Gazette dat "g REGISTRAR OF REGUTATIONS I CONFIDENTIAL N0473 .E/PA-MUN-16-RM Until filed with the 4-LM Registrar of Regulations j • I REGULATION MADE UNDER THE PLANNING ACT EXEMPTION FROM APPROVAL (OFFICIAL PLAN AMENDMENTS) 1. (1) All amendments to the official plan of a municipality or planning board listed in the Schedule that -were commenced on or after the corresponding date set out in the Schedule are exempt from the approval of the Minister. (2) For the purposes' of subsection (1) , an official plan amendment shall be deemed to be commenced, (a) on the date that notice is given of the first public meeting held under subsection 17 (15) of the Act with i respect to the amendment; br (b) in the case of an official plan amendment requested under subsection 22 (1) of the Act, the date the request was received. (3) The exemption is subject to the following conditions: 1. The municipality shall provide a copy of the proposed official plan amendment to the Minister during consultation under clause 17 (15) (a) of the Act. 2. The municipality shall provide a copy of a sworn declaration made under subsection 17 (28) of the Act to the Minister within 15 days of it being sworn. 3. A copy of the record compiled under subsection 17 (29) or 22. (9) of the Act shall be forwarded to the Minister at the same time it is forwarded to the Municipal Board. I I 34 i 2 (4 ) The exemption is not terminated because" a municipality does not meet a condition set out in subsection (3) . Schedule j Municipality Date City of Barrie January 19, 1998 City of Brantford January 19, 1998 City of Brockville January 19, 1998 City of Cornwall January 19, 1998 City of Elliot Lake January 19, 1998 City of Guelph January 19, 1998 City f London Y January 19, 1998 City of North Bay January 19, 1998 City of Orillia January 19, 1998 City of Owen Sound January 19, 1998 i City of Pembroke January 19, 1998 City of Peterborough January 19, 1998 City of Sault Ste. Marie January 19, 1998 City of Stratford January 19, 1998 City of St. Thomas January 19, 1998 City of Thunder Bay January 19, 1998 City of Timmins January 19, 1998 City of Windsor January 19, 1998 District Municipality of Muskoka January 19, 1998 Regional Municipality of Durham January 19, 1998 j Regional Municipality of, Haldimand- January 19, 1998 Norfolk i Regional. Municipality of Halton January 19, 1998 j Regional Municipality of Hamilton- January 19, 1998 Wentworth Regional Municipality of Niagara January 19, 1998 Regional Municipality of Ottawa- January 19, 1998 Carleton 35 i• 3 Regional Municipality of Feel January 19, 1998 Regional Municipality of S•.:dbury January 19, 1998 Regional Municipality of Waterloo January 19, 1998 Regional Municipality of York January 19, 1998 Restructured County of Oxford January 19, 1998 Town of Orangeville January 19, 1998 i i i 36 i Ontario � e Delegation/Exe Ion under the Plannin g Act Implementation Strategy i F I N A L R E P O R D e c e m b e r 1 9 9 _ 37 i Context In fall and winter 1995/96, the-Ontario government consulted on Bill 20,the Land Use Planning and Protection Act,which came into force on May 22, 1996. The new Act was the result of the government's commitment to a sound, efficient and effective planning system,one which would enhance local autonomy, eliminate overlap and duplication,and bring about streamlined decision-making. During the consultation,the Association of Municipalities of Ontario(AMO) j recommended legislation that would implement a community-based planning model, allowing for greater local autonomy in decision-making. In response,in Bill 20,the government provided .for exemption from approval for an official plan and official plan amendments. i To facilitate the process of moving toward exemption,in November 1996 the Ministry of Municipal Affairs and Housing(MTVIAH)released for discussion and comment an Exemption Implementation Strategy. The proposed strategy included a two-year time period during which there would be progressive delegation of planning authority to municipalities and planning boards,followed by the subsequent exemption of official plans and amendments from approval. The strategy was distributed for comment to municipalities and planning boards as well as to various professional,private and public organizations with an interest in the planning system. During the consultation,70 responses were received from municipalities,planning boards and organizations.Generally,the comments were supportive of the principle of exemption and some suggestions were made for improvement.Many of the suggestions have been incorporated into this final strategy,resulting in a better balance between the need for local autonomy and the protection of provincial interests. I I i i i i i Exemption/Delegation Implementation Strategy 1 38 i The Implementation Strategy Introduction The implementation of exemption from approval of official plans and amendments and delegation of approval authority by the minister will proceed in phases. Each phase will build on the authority and responsibility transferred in the previous phase. An example of this would be the delegation of consents in one phase, followed by the delegation of subdivision approval authority in a subsequent phase,and finally,exemption. The implementation of the strategy will be consistent with the existing municipal plan review timetable and current restructuring discussions. The Ministry of Municipal Affairs and Housing will have a reduced role in planning approvals,but will maintain a presence in the planning system through the provincial one-window plan input,review and appeal services. I Components of the Strategy The phases outlined in this report are based on the progressive delegation of the minister's approval authority. The exemption from ministerial approval will spell out and include conditions that relate to the performance measures that will help both the province and :municipalities in assessing the overall effectiveness of their planning programs.In addition,it should be noted that Sections 2 and 3 of the Planning Act require that a council of a municipality, in exercising any authority that affects a planning matter, shall have regard to provincial interests and the Provincial Policy Statement(PPS),respectively. Since municipalities will be engaged in identifying and endeavouring to protect provincial interests (also known as Municipal Plan Review),exemption orders may also contain conditions pertaining to the carrying out of Municipal Plan Review as an integral part of the municipal planning process. These conditions are outlined in the sections titled Reporting and Conditions. Exemption Exemption from approval at this point applies to official plan amendments Qnly: official plans will remain subject to the approval of the minister or the upper tier municipality (region/county). Similarly, the authorization of upper tier approval authorities to exempt lower tier municipalities (e.g., towns and townships) under ss.17(10) will include the power to exempt from approval lower tier official plan amendments ml y-and not official plans. This authorization will come into effect 12 months after the upper tier receives exemption from ministerial approval. This approach reflects the need to protect the broader provincial and regional interests and to protect as well such things as infrastructure and sensitive environmental resources that have impacts across municipal boundaries. j I Exemptioro Delegation implementation Strategy 2 39 The province and the upper tier municipalities will continue to provide a coordinating function through the approval of official plans,the introduction of provincial one-window planning, and Municipal Plan Review(MPR). The effective implementation of one-window/MPR will rely on input and consultation at the beginning of the local planning process. This would include commenting on draft amendments,attending public meetings,and working out solutions to planning issues in cooperation with affected stakeholders. The deferral for 12 months of authorization of upper tier municipalities to exempt their lower tier municipalities will allow for further development of the municipal plan review and restructuring exercises currently underway. The timing of exemption and related conditions for lower tier exemption will continue to be an upper tier responsibility. Delegation The delegation of the minister's approval authority(consents,subdivisions/condominiums and lower tier official plan amendments)will be based on a balance between local planning capability and the continued promotion of local autonomy. The delegated approval function will be tied to the most relevant level and to existing planning capability. Where local planning capacity does not exist,some limited approval authority will be delegated, with the expectation that planning programs will be developed so that the service can be provided in a responsible manner. Counties without established planning programs,for example, would receive delegation of subdivision approval authority with the expectation that a planning program will be established. Subdivision delegation and education and training efforts to build capacity should result in an established planning program. Additional delegation of authority to these counties would be contingent on the further development of the county planning program. With regard to Northern Ontario,it is recognized that the government is currently dealing with the issue of appropriate governance that takes into account,among other issues,the Who Does What panel (WDW)recommendations.Consequently,the delegation of consent approval authority, and in some cases, subdivision/condominium approval authority,to planning boards and some northern municipalities is likely to be appropriate. It is also fitting to exempt from approval official plan amendments proposed by planning boards or municipalities within i planning areas. Restructuring Given the significant number of restructuring activities currently underway and the possible impacts of service delivery options in Northern Ontario,each municipality and planning board will be assessed prior to implementation of the exemption/delegation strategy with regard to active restructuring exercises and any legislation affecting municipal boundaries. Exemption/Delegation Implementation Strategy 3 l; 0 j Phased transfer of approval authority will take into account municipal restructuring. However, if it is determined that implementation will interfere with restructuring or is premature,depending on where planning functions will be located, the phasing will be adjusted to accommodate the situation of individual municipalities(e.g., Counties of Frontenac and Lennox and Addington). Status of Official Plans _ The Planning Act provides for the assignment of approval authority to upper tier municipalities immediately upon the approval of new parent official plans. Because a number of upper tier municipalities are preparing new official plans, the implementation phasing will be adjusted according to the projected timing for the approval of these documents. Assessment of the Planning System It is the responsibility of the province to assess the broad, overall performance of the streamlined, policy-led planning system under Bill 20. Conditions included in the exemption orders will help to provide performance measures that will assist the province,municipalities and other j stakeholders to evaluate the operation of the planning system. This evaluation will also provide insight into the need for further system changes. The province will report annually on the effectiveness and efficiency of these improvements to the planning system. The second annual assessment will be used to determine whether further changes need to be made to the system,including exemption provisions and/or delegated powers. Planning Support Services In the interests of enhancing local autonomy,the Ministry of Municipal Affairs and Housing will provide increased planning system support services to assist municipalities in delivering local planning services. This will include operational and administrative education and training and the development and provision of technological support tools (e.g.,computer tracking systems, assistance in interpreting policy,on-line access to ministry information and services,etc.). Phasing The implementation of the exemption/delegation strategy will take place in an incremental series of three six-month phases, with each phase building on existing planning responsibilities. The implementation of exemption in the new City of Toronto will be determined as a result of consultation once the new city is in place. It is important to note that there are a few municipalities not included in the phasing section. Other municipalities unddrgoing formal restructuring exercises will be included in the phasing section immediately following the completion of the restructuring process. i I Eremptio,—Delegation Implementation Strategy 4 41 I I I Under the provisions of the Planning Act,when an upper tier municipal official plan or part of it comes into effect, the upper tier municipality is assigned approval authority for lower tier official plans and amendments as well as for plans of subdivision\condominium(where it has not yet been delegated). For upper tier municipalities presently preparing official plans, the transfer of approval powers will occur automatically through the provisions of the Planning Act rather than through separate delegation orders under this strategy. The exemption of these upper tier municipalities will occur in the phase immediately following the approval of the official plan. The following counties are required by regulation to adopt new official plans by December 31, 1997: I County of Bruce County of Grey County of Hastings County of Huron County of Lambton. County of Middlesex County of Peterborough County of Perth County of Simcoe County of Wellington United Counties of Prescott&Russell Phase 1: Up to December 1997 ► Exempt from ministerial approval all upper tier official plan amendments for the Regional Municipalities of York,Durham,Halton,Hamilton-Wentworth,Waterloo, Ottawa-Carleton,Peel,Niagara,Haldimand-Norfolk, Sudbury, District of Muskoka.and County of Oxford. ► Exempt from ministerial approval all official plan amendments for separated cities,cities in the north and the Town of Orangeville. ► Delegate the minister's authority to approve subdivisions to the County of Renfrew. i Phase 2: January to June 1998 ► Exempt from ministerial approval the official plan amendments for the new City of Toronto. ► Exempt from ministerial approval official plan amendments for the County of Prince Edward(restructured). ► Delegate the minister's authority to approve lower tier official plans and amendments to the County of Victoria. ► Delegate subdivision/condominium approval authority to the Counties of Brant, Dufferin, Elgin, Essex, Haliburton, Lanark,Leeds& Grenville, Stormont,Dundas and Glengarry as it applies to constituent lower tier municipalities without planning departments.* This Eumptiom Delegation Implementation Strategy 5 42 i delegation is to be based on the condition that these counties do not have the power to sub-delegate the authority to the lower tier municipality without the minister's approval. and/or ► Consider delegating subdivision/condominium approval authority to lower tier municipalities with planning departments,within counties that do not currently have a county plan and/or planning department(Brant, Dufferin,Elgin, Essex, Haliburton, Lanark, Leeds & Grenville,Northumberland and Stormont, Dundas and Glengarry). Delegation*will depend on factors such as the status of local restructuring, alternative planning service delivery,planning programs in place and other issues affecting the delivery of planning services. ► Delegate subdivision/condominium approval authority to any municipal planning authority. ► Delegate subdivision/condominium approval authority to separated towns(St. Marys, Gananoque,Prescott and Smiths Falls). ► Delegate the minister's authority to approve consents to planning boards that do not have this responsibility. I ► Delegate the minister's authority to approve subdivision/condominium to planning boards. Phase 3: July to December 1998 ► Exempt from ministerial approval official plan amendments of the prescribed counties whose official plan has come into effect in Phase 2. ► I� Exempt from ministerial approval official plan amendments for the County of Victoria. i ► Exempt from ministerial approval official plan amendments for separated towns(St Marys, Gananoque,Prescott and Smiths Falls). i ► Exempt from ministerial approval official plan amendments for planning boards and/or j municipalities within planning areas. ► Delegate the Minister's authority to approve consents to the remainder of northern municipalities that presently do not have-the authority.* Delegate subdivision/condominium approval authority and/or exempt from ministerial approval official.plan amendments in restructured municipalities as appropriate. (*means amendments to Planning Act required i E.remptior•Delegation Implementation Strategy 6 i 43 i i I After Phase 3: i Assuming the complete implementation of these three phases as noted above, the MMAH would remain the approval authority for the following: official plans for upper tier and single tier municipalities,separated cities and the Town I, of Orangeville, planning boards and municipal planning authorities; I official plans and amendments for lower tier municipalities within counties where the county does not have an official plan and there is no municipal planning authority(Brant, Dufferin, Elgin, Essex,Haliburton,Lanark, Leeds&Grenville,Northumberland,Lennox &Addington, Renfrew,Frontenac and Stormont,Dundas&Glengarry); and official plans, amendments and plans of subdivision/condominium for northern municipalities within districts outside of planning boards;and consents and plans of subdivision/condominium for unorganized territory not included in a planning area. I NDAAH would also continue its input,review and appeal function as the defined approval authority whether or not exemption has been granted. Under the provisions of ss. 17(15)and 22 1 ( ) (a) of the Planning Act, notice of official plans and/or amendment must be provided to N54AH as prescribed by regulation. It should be noted that as restructuring initiatives and/or the creation of new municipal planning authorities or planning boards occur,appropriate adjustments to retained approval authority will occur. i Per Measures With the emphasis on a policy-led planning system,the ability to assess the performance of the new system takes on increased importance. Measuring performance will help municipalities assess the effectiveness of various components of their planning programs, such as their official plans,operational policies and procedures. On a broader scale, it will allow for a more comprehensive assessment of the value added by municipal planning and contribute to budget and resource forecasting. MMAH is currently developing performance measures for the land use planning system in three areas: decision accounting, trends analysis and implementation of the new planning system. i Exemptio+rDelegation Implementation Strategy 7 44 i I i Within the exemption strategy,performance measures will allow the province to assess the performance of the Planning Act, the Provincial Policy Statement, and the delivery of planning services. This can include a five-year review of official plans and a review of administrative practices. In terms of trends analysis, municipalities and planning boards will be encouraged to undertake performance monitoring of the broad trends in land use planning. Third, the exemption performance measures will help MMAH to understand the progress being made in implementing the new planning system. Reporting To assist in gathering information related to the performance of the new planning system, exempted municipalities will submit a policy evaluation report to the approval authority (MrrIAH) each year. This information will complement the internal tracking of indicators compiled by the ministry. Similarly,reporting on performance indicators would also be carried out by lower tier municipalities for which an upper tier is the official plan approval authority. Conditions To facilitate assessment of the performance of the planning system,the exemption/authorization orders will include conditions.The conditions applied will: • require a copy of a draft official plan amendment be forwarded to the approval authority (i.e.the minister or upper tier municipality)as part of the information to be provided under ss. 17(15)and ss.22(1). The corresponding regulation will be amended to include a draft copy of the document as part of the information package. • require a copy of the clerk's declaration under ss. 17(28)which confirms the decision's ! effective date. • require that the minister receive a copy of the clerk's record that is forwarded to the OMB under ss. 17(29)and ss.22(9)for official plan amendments that are appealed. • require the completion of a policy evaluation report to be submitted to the approval authority. As a complementary condition,upper tier approval authorities will include information from the lower tier municipalities. I i i &emption,Delegation Implementation Strategy 8 45 I The above-noted information will be added to the approval authority's in-house data. The management of this data, responses and critical dates will assist in the evaluation of the planning system by the ministry and/or approval authority. The data will be used to track: • the performance and effectiveness of early consultation/input • extent of, and issues associated with,appeals • performance/implementation of the Provincial Policy Sfatement. I Data compiled will form the basis of the NLMAH Annual Report on Planning in Ontario. Conclusion i The implementation of the exemption strategy will rely on effective delivery of the provincial one-window plan input,review,and appeal services,on the Municipal Plan Review(NPR) process, and on preconsultation,both provincially and municipally.It will also rely on the expectation that municipalities,planning boards and the development industry will have regard to and implement provincial interests in applications and decisions. While exemption removes a second level of approval from the planning system,thus streamlining the approval-process,it is important that a broader perspective of the planning system be maintained.The effective practice of one-window,MPR and early preconsultation is key to ensuring that provincial,municipal and cross boundary planning interests are coordinated and protected.The commitment on the part of all stakeholders in the planning process to work cooperatively and provide timely inform_ ation and input through the planning process is of paramount importance. I Any questions about this document should be directed to: i Provincial Planning Services Branch Ministry of Municipal Affairs and Housing 777 Bay Street, 14th. Floor Toronto, ON M5G 2E5 I �I III EzempnorvDelegatcon Implementation Strategy 9 46 Ministry of Minis0re des Municipal Affairs Atfaires municipales Ontario and Housing et du Logement Provincial Planning Services Branch Direction des services provinciaux d'am6nagement 777 Bay St 14th Fir 777,rue Bay 14.6tage Toronto ON MSG 2E5 Toronto ON MSG 2E5 Telephone Toll Free: 1-800-935-0696 Telephone(sans frais): 1-800-935-0696 Fax Number. (416)585.4245 Telecopieur. (416)585-4245 December 22, 1997 Mr. Garry Cubitt Chief Administrative Officer The Regional Municipality of Durham I Dear Mr. Cubbitt: Re: Exemption of Regional Official Plan Amendments from Provincial approval As promised by the Minister, this letter will address the effect of the Delegation/Exemption Implementation Strategy and Exemption Order on the Region of Durham. The intent of the strategy is that municipalities and planning boards will assume greater responsibility for ensuring their land use planning decisions have regard to the Provincial Policy Statement (PPS). Through Municipal Plan Review(MPR) the region has been engaged in identifying and endeavouring to protect provincial interests. The combination of MPR and exemption of the Minister's approval authority for official plan amendments is a positive move toward enhancing the region's responsibility and accountability in carrying its planning function. With regard to the Regional Municipality of Durham, the strategy provides that the Minister of Municipal Affairs and Housing issue an order exempting regional official plan amendments (OPAs) from provincial approval. The order attached to the strategy will become effective on January 19, 1998. Please note that official plans will still require the approval of the Ministry of Municipal Affairs and Housing (MMAH). In practice, the effect of the exemption order is that after Council gives notice of an amendment's adoption, any person or public.body, including the MMAH acting in its capacity as the approval authority, may appeal the adoption to the Ontario Municipal Board in the 20 day period provided for in the Planning Act. If there is no appeal, the j amendment comes into-effect automatically on the day after the appeal period expires. I 12 47 - 2 - The transition provision in the exemption orders specifies that exemption will apply to a , Council initiated OPA when notice of the public meeting under subsection 17(15) of the Planning Act was given on or after the date the order comes into effect. Where a Council has received a request under section 22 of the Act to amend its official plan, _ the order applies to the proposed amendment if the request was made on or after the day the order comes into effect, i.e. January 19/98. The Ministry, as the approval authority, stresses that in order for this new process to work efficiently and effectively, it is vital that prior to the adoption of an amendment, early consultation occur through the Ministry's one window plan input and review service. Municipalities, whether exempt or not, are urged to start preconsultation with the Ministry as early as possible, certainly well before the 20 day notice of a public meeting. Preconsultation allows for provincial interest to be identified and integrated from the outset, with the result that the adopted OP/OPA would reflect provincial interests. This will ensure that potential disputes can be resolved early on and thereby avoid provincial appeals of municipal decisions to the OMB. The Planning Act also allows for.the region, as the assigned lower tier official plan approval authority, to be authorized to pass a-by-law exempting lower tier documents from its approval. The strategy anticipates this would occur some 12 months after regional OPAs are exempt from provincial approval. This will allow for the region and its local municipalities to work together to determine if or under what circumstances local OPA exemption should occur and how regional and provincial interest will be protected. i Provincial Planning Services Branch (PPSB) of this Ministry is quite prepared to provide support and advice in the region's discussions with its local municipalities. This will enable all parties to agree on any special considerations to be included in an exemption by-law, and also to clarify roles, responsibilities and expectations. Please feel free to contact staff of this branch to participate in these discussions. I Similar to the need for early provincial involvement in regional OPAs, it is equally important that early consultation should occur through the region's delivery of Municipal Plan Review. Provincial authorization of the region to exempt local OPAs will be based on the understanding that the region will, through its MPR function, carry out a planning appraisal of all proposed amendments and include emphasis on early involvement and advocacy of provincial and regional policy. Once the new process is fully operational, this Ministry expects that the region, as part of its MPR role, will appeal a local decision if provincial interests have not been protected. In the meantime, if the region determines that a local OPA impacts a provincial interest and sees a need for MMAH involvement, PPSB is available for consultation on the interpretation of the interests as provided for under the existing MPR Memorandum of Understanding (MOU). /3 48 - 3 Finally, the province will continue in its role of assessing system performance and making improvements as necessary. In the strategy's final report there are several references to performance measures and reporting based on performance indicators. You are probably aware that the Ministry has been working with municipal representatives to develop and implement performance indicators at the provincial and municipal levels. When this is completed, in consultation with municipalities, reporting j requirements will be forwarded to the Region. I trust this information explains how the Delegation/Exemption implementation Strategy j affects the Region of Durham. We are confident that the province, the region and lower tier municipalities working co-operatively together will ensure the new process improves our planning system. Should you have any questions about the strategy, please contact Paul Featherstone, Senior Planner, at(416) 585-6044 or Viviana Zothner-Cotic, Senior Planner, at (416) 585-6323 in the Provincial Planning Services Branch. Sincerely, I :Meredith Be sford Director Provincial Planning Services Branch i cc: Alexander L. Georgieff Commisioner of Planning City of Oshawa John Brown, City Manager Town of Ajax Rick Parisotto, CAO Municipality of Clarington WH Stockwell, CAO Town of Pickering Tom Quinn, General Manager Town of Whitby William H. Wallace, Administrator l i I 49 i I -4 - Township of Brock George Graham, Administrator-Cleric Township of Scugog � Earl Cuddie, CAO Township of Uxbridge Alex Grant, CAO i I � I C I 50 Attachment 2 PROCEDURE FOR DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATIONS (RECEIVED ON OR AFTER JANUARY 19, 1998) TABLE OF CONTENTS INTRODUCTION AND DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STEP 1 — APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Pre-submission Consultation With Public Bodies . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I I Council—lnitiated Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 STEP II — CONSULTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Public Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Information Report And Notice of Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . 3 Public Meeting of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I STEP III — COUNCIL DECISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . 4 Recommendation Report From the Commissioner of Planning . . . . . . . . . . . . . . . 4 Committee Recommendation . . . . . . . . . . . . . . . 5 Council Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 r.\bhropaexem%rewproc 51 PROCEDURE FOR DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATIONS (RECEIVED ON OR AFTER JANUARY 19, 1998) INTRODUCTION AND DEFINITIONS Seetiem 47(l) of the Planning Aet, as amended by Bill 20, assigns the Ministe E)ffleial-P*1 Ontario Regulation 626/97, made pursuant to Section 17(9) of the Planning Act, exempted Regional Official Plan Amendments from the approval of the Minister of Municipal Affairs and Housing. I The following sets out the procedure for how Council will amendments to the process exempt Durham Regional Official Plan Amendments. 1. In this document: a) "Application" means a request by a person or a public body for Council to initiate an amendment to the Durham Regional Official Plan submitted on or after May 2' 1996 January 19, 1998; b) "Clerk" means the Clerk for the Regional Municipality of Durham; i c) "Commissioner of Planning" means the Commissioner of Planning for the Regional Municipality of Durham; d) "Committee" means the Planning Committee for the Regional Municipality of Durham; e) "Council" means the Council for the Regional Municipality of Durham; f) "Council-Initiated Amendment" means an amendment to the'Durham Regional Official Plan initiated by Council for which the first public meeting was held on or after January 19, 1998; g) "Ministry" means the Ministry of Municipal Affairs and Housing; I h) "Official Plan" means the Durham Regional Official Plan; i) "Planning Act" means the Planning Act, R.S.O. 1990, Chap. P.13 as amended from time to time and the regulations made thereunder; j) "Planning Department" means the Planning Department for the Regional Municipality of Durham; and k) "Record" means a Record as defined in the Planning Act. 0bhVopaexem1.-+ewproc 52 Page 2 STEP 1 - APPLICATION Pre-submission Consultation With Public Bodies 2. The applicant is encouraged to undertake pre-submission consultation with the Region and public bodies to obtain identify, discuss and address all policy interests, and as well as information requirements relating to the submission of an application. Application Submission 1 3. All applications by persons and public bodies to amend the Official Plan shall be submitted to the Planning Department. 4. The Planning Department will check all applications for completeness in terms of the prescribed information in the Planning Act and fee. Such information will be specified in the application form. A complete application will be assigned a file number and acknowledged. 5. The Commissioner of Planning may return any application that does not contain the prescribed information or the required fee. 6. All applications must have the information and material required to address concerns of the Region. The applicant will be notified, by telephone or in writing, where the required information and material is lacking. 7. Each complete application shall be forwarded to the Clerk, who shall place the application on the next Council agenda as a correspondence item, with a recommendation that it be referred to Committee. Counci"nitiated Amendments 8. The Planning Department may, through.a staff report to Committee, recommend to Council that it initiate amendments to the Plan. Such Council-initiated Amendments are not subject to the prescribed timelines for notice, public meeting or decision. I rAbhVopaexer:\--wproc 53 i I I Page 3 f STEP II - CONSULTATION Public Bodies 9. An amendment application or Council-initiated Amendment will be circulated for consultation by the Planning Department to: a) the appropriate Regional departments with a request for comments within 30 days. Comments from departments will be coordinated through the Planning Department and forwarded, when applicable, to the area municipality(ies); b) the appropriate external bodies with a request for comments within 30 days. External bodies will be encouraged to forward comments to the Planning Department, the area municipality(ies) and the applicant; and i c) the appropriate area municipal council(s), together with a copy of the circulation list, with a request for comments and input within 60 days. The area municipality(ies)will be requested to forward any other correspondence, including submissions, to the Planning Department; and d) the Ministry for comments on provincial interests within 30 days. Information Report And Notice of Public Meeting i 10. The Commissioner of Planning shall prepare an information report for the j purpose of the public meeting of Committee. The Report shall contain a summary of the proposed Official Plan amendment, and the results of the application circulation. The Report shall be made available to the public, prior to the public meeting date. 11. A notice of the public meeting of Committee shall be given, wherever possible, within 45 days of the receipt of an application, and at least 20 days prior to the public meeting. A public meeting shall be held within 65 days of application submission, wherever possible. i 12. The Planning Department shall give notice of the public meeting of Committee to inform the public of a proposed Official Plan amendment shall be gi V by publication in a newspaper that, in the opinion of the Clerk, is of sufficiently general circulation in the area to which the proposed Official Plan amendment j would apply, to give the public reasonable notice of the meeting. j r lbhVopaexem\,r ewproc 54 Page 4 13. The Planning Department shall give notice of a public meeting of Committee to inform the public of a proposed Official Plan amendment. Notice shall be given by personal service, prepaid fir6t class mail or telephone transmission of a facsimile of the notice, to every person and public body that has given the Clerk and/or the Planning Department a written request for notice of the public meeting in respect of the amendment, and to those persons as required by the Planning Act. 14. A written request for notice of the public meeting shall show the address of the person or public body. I 15. The Planning Department shall give all notices of the.public meeting required. 16. The notice of a public meeting shall contain the information required by the Planning Act. ` Public Meeting of Committee 17. At the public meeting, the Committee shall receive submissions from the public, and any person who attends the meeting shall be entitled to make an oral submission on the proposed Official Plan amendment. 18. The public shall be advised at the public meeting that the decision of Council is exempt from approval of the Ministry, and the decision shall be final if a notice of appeal is not received on or before the last day for filing a notice of appeal; The publie shall be advised at the publie meeft that if a person or public body that files a notice of appeal of a decision on a Regional official plan amendment does not make oral submissions at a public meeting, or does not make written submissions before the proposed Official Plan amendment is adopted, the Ontario Municipal Board has the power to dismiss all or part-of an appeal; and The publie shall else be advised that a request may be made for notification of the Committee and Council meetings at which the application is to be considered. STEP III - COUNCIL DECISION Recommendation Report From the Commissioner of Planning 19. The Commissioner of Planning will present a recommendation report to the Committee. The report shall be received by the Committee and made available to the public prior to the Committee meeting, at which it is to be considered. r-AbhV0paexe:.lnewp= 55 I I i i Page 5 20. The Planning Department shall send written notification of the meetings, at which the Committee and the Council are to consider the application, to all persons or public bodies who had made a submission or requested notification. Committee Recommendation 21. The Committee shall receive the recommendation report of the Commissioner of Planning and make recommendations to Council. Council Decision 22. Council shall either: a) approve the application or Council-initiated Amendment and pass an adopting by-law, or b) refuse the application or Council-initiated Amendment. 23. The Clerk will give written notice of the adoption to the approval authe* and others, as FequiFed by the Planning Aet,., within 15 days of Council's decision, as required by the Planning Act. 24. Notice of-tale adoption of a proposed Official Plan amendment shall contain the information required by the Planning Act The Glefk sends the Reeef ' to +"- i If a notice of appeal is not received within the appeal period, Council's decision shall be final on the day after the last day for filing a notice of appeal. At the end.of the appeal period, the Clerk shall send notification that Council's decision is final to those persons and public bodies who were sent the notice of adoption. 25. If a notice of appeal is not received, the Clerk, or an employee of the Clerk's Department, shall swear a declaration that notice of adoption was given, and that a notice of appeal was not received. A copy of the sworn declaration shall be sent to the Ministry within 15 days of it being sworn. Appeals 26. A notice of appeal may be filed with the Clerk in respect of a proposed Official Plan amendment by: a) the applicant, if notice of a public meeting, if required, is not given within 45 days of receipt of the proposed Official Plan amendment; rAbhlropaexem\,r wvproc 56 I Page 6 i i b) the applicant, if Council fails to adopt the proposed Official Plan amendment within 90 days of receipt of the proposed Official Plan i o amendment; c) the applicant, if Council refuses to adopt the proposed Official Plan amendment; and i d) any person or public body, for all or part of Council's decision, not later than 20 days after the day that the giving of written notice of adoption is completed. 2:7. in the event that Geuneil reftises to adopt the prepesed arnendmemt, er the timing for netiee ef pub-lie meeting or adeptien are not rnet, the peFsen or pub i 28. The Planning Department will confirm that the notice of appeal is in the form required by the Planning Act, and will prepare and forward a portion of the Record, J by the Planning Aet, for the Ontario Municipal Board to the Clerk. 29. For appeals under 26a), 26b) and 26c), the Clerk shall complete the Record, and forward it to the Ontario Municipal Board within 15 days aftef of receiving a-te notice of appeal is reeeived, the Reeeffld,-fef with a copy to the Ministry. 30. For appeals under 26d), the Clerk shall complete the Record, and forward it to the Ontario Municipal Board within 15 days after the last day for filing a notice of appeal. 31. in the event that theentarie Munieipal Beard dismisses the appealS, eF the appeals are withdFaw ig of the proposed amendment will Fesume 32. If all appeals under 26a) and 26b) are dismissed by the Ontario Municipal Board without holding a hearing, or are withdrawn, the Board shall notify the Clerk, and the Planning Department may proceed to give notice of the public meeting, or Council may adopt or refuse the proposed Official Plan amendment, as the case may be. 33. If all appeals under 26c) are dismissed by the Ontario Municipal Board without holding a hearing, or are withdrawn, the Board shall notify the Clerk, and Council's decision shall be final on the day that the last outstanding appeal has been withdrawn or dismissed. I rAbhVopaexem�Newproc 57 i • I Page 7 34. If all appeals under 26d), in respect of all or part of Council's decision, are withdrawn, and the time for filing appeals has expired, the Board shall notify the Clerk, and Council's decision, or the part of the decision that was the subject of an appeal, is final. The proposed Official Plan amendment, r art of the amendment that was adopted, and for which all � P � p appeals have been withdrawn, comes into effect on the day the last outstanding appeal has been withdrawn. 35. If all appeals under 26d), in respect of all or part of Council's decision, are dismissed by the Ontario Municipal Board without holding a hearing, and if the time for filing notices of appeal has expired, the Board shall notify the Clerk, and Council's decision, or the part of the decision that was the subject of an appeal, is final. The proposed•Official Plan amendment, or part of the amendment, that was adopted or approved, and for which all appeals have been dismissed, comes into effect on the day the last outstanding appeal has been dismissed. i i I r%h\ropaexem1r�wproc 5 8 i i Attachment 3 PROCEDUREFOR DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATIONS (RECEIVED ON OR AFTER JANUARY 19, 1998) TABLE OF CONTENTS INTRODUCTION AND DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STEP 1 — APPLICATION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Pre-submission Consultation With Public Bodies . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Council—initiated Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 STEP II — CONSULTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Public Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Report And Notice of Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . 3 Public Meeting of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 STEP III — COUNCIL DECISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Recommendation Report From the Commissioner of Planning . . . . . . . . . . . . . . . 4 Committee Recommendation . . . . . . . . . 5 Council Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 � Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 rAbhVopaexem1.rewproc.2 5g �� I 1 PROCEDUREFOR ! DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATIONS (RECEIVED ON OR AFTER JANUARY 19, 1998) e INTRODUCTION AND DEFINITIONS - Ontario Regulation 525/97, made pursuant to Section 17(9) of the Planning Act, exempted Regional Official Plan Amendments from the approval of the Minister of Municipal Affairs and Housing. The following sets out the procedure for how Council will process exempt Durham Regional Official Plan Amendments. 1. In this document: a) "Application" means a request by a person or a public body for Council to initiate an amendment to the Durham Regional Official Plan submitted on or after January 19, 1998; b) "Clerk"means the Clerk for the Regional Municipality of Durham; C) "Commissioner of Planning" means the Commissioner of Planning for the Regional Municipality of Durham; i d) "Committee" means the Planning Committee for the Regional Municipality of Durham; e) "Council" means the Council for the Regional Municipality of Durham; f) "Council-Initiated Amendment" means an amendment to the Durham Regional Official Plan initiated by Council for which the first public meeting was held on or after January 19, 1998; g) "Ministry" means the Ministry of Municipal Affairs and Housing; h) "Official Plan" means the Durham Regional Official Plan; i) "Planning Act" means the Planning Act, R.S.O. 1990, Chap. P.13 as amended from time to time and the regulations made thereunder; j) "Planning Department" means the Planning Department for the Regional Municipality of Durham; and k) 'Record" means a Record as defined in the Planning Act. ! I ! i ( rAbMropaexem\.-ewproc.2 60 i Page 2 STEP 1 APPLICATION Pre-submission Consultation With Public Bodies 2. The applicant is encouraged to undertake pre-submission consultation with the Region and public bodies to identify, discuss and address all policy interests, as well as information requirements relating to the submission of an application. Application Submission i 3. All applications by persons and public bodies to amend the Official Plan shall be submitted to the Planning Department. 4. The Planning Department will check all applications for completeness in terms of the prescribed information in the Planning Act and fee. Such information will be specified in the application form. A complete application will be assigned a file number and acknowledged. 5. The Commissioner of Planning may return any application that does not contain the prescribed information or the required fee. 6. All applications must have the information and material required to address concerns of the Region. The applicant will be notified, by telephone or in writing, where the required information and material is lacking. 7. Each complete application shall be forwarded to the Clerk, who shall place the application on the next Council agenda as a correspondence item, with a recommendation that it be referred to Committee. Council—Initiated Amendments 8. The Planning Department may, through a staff report to Committee, recommend to Council that it initiate amendments to the Plan. Such Council-initiated Amendments are not subject to the prescribed timelines for notice, public meeting or decision. STEP It - CONSULTATION Public Bodies 9. An amendment application or Council-initiated Amendment will be circulated for consultation by the Planning Department to: i r V_,hVopaexerr.\�ewp=.2 01 I i I I Page 3 a) the appropriate Regional departments with a request for comments within I 30 days. Comments from departments will be coordinated through the Planning Department and forwarded, when applicable, to the area municipality(ies); b) the appropriate external bodies with a request for comments within 30 days. External bodies will be encouraged to forward comments to the Planning Department, the area municipality(ies) and the applicant; and c) the appropriate area municipal council(s), together with a copy of the circulation list, with a request for comments and input within 60 days. The area municipality(ies)will be requested to forward any other correspondence, including submissions, to the Planning Department; and I d) the Ministry for comments on provincial interests within 30 days. Information Report And Notice of Public Meeting 10. The Commissioner of Planning shall prepare an information report for the purpose of the public meeting of Committee. The Report shall contain a summary of the proposed Official Plan amendment, and the results of the application circulation. The Report shall be made available to the public, prior to the public meeting date. 11. A notice of the public meeting of Committee shall be given, wherever possible, within 45 days of the receipt of an application, and at least 20 days prior to the public meeting. A public meeting shall be held within 65 days of application submission, wherever possible. I 12. The Planning Department shall give notice of the public meeting of Committee to inform the public of a proposed Official Plan amendment by publication in a newspaper that, in the opinion of the Clerk, is of sufficiently general circulation in the area to which the proposed Official Plan amendment would apply, to give the public reasonable notice of the meeting. i I 13. The Planning Department shall give notice of a public meeting of Committee to inform the public of a proposed Official Plan amendment. Notice shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice, to every person and public body that has given the Clerk and/or the Planning Department a written request for notice of the public meeting in respect of the amendment, and to those persons as required by the Planning Act. rlbhVopaexemVx =.2 62 i i i Page 4 I 14. A written request for notice of the public meeting shall show the address of the person or public body. 15. The Planning Department shall give all notices of the public meeting required. 16. The notice of a public meeting shall contain the information required by the Planning Act. Public Meeting of Committee 17. At the public meeting, the Committee shall receive submissions from the public, and any person who attends the meeting shall be entitled to make an oral submission on the proposed Official Plan amendment. C 18. The public shall be advised at the public meeting that the decision of Council is exempt from approval of the Ministry, and the decision shall be final if a notice of appeal is not received on or before the last day for filing a notice of appeal; that if a person or public body that files a notice of appeal of a decision on a Regional official plan amendment does not make oral submissions at a public meeting, or does not make written submissions before the proposed Official Plan amendment is adopted, the Ontario Municipal Board has the power to dismiss all or part of an appeal; and that a request may be made for notification of the Committee and Council meetings at which the application is to be considered. I STEP III - COUNCIL DECISION E Recommendation Report From the Commissioner of Planning 19. The Commissioner of Planning will present a recommendation report to the Committee. The report shall be received by the Committee and made available to the public prior to the Committee meeting, at which it is to be considered. 20. The Planning Department shall send written notification of the meetings, at which the Committee and the Council are to consider the application, to all persons or public bodies who had made a submission or requested notification. Committee Recommendation i 21. The Committee shall receive the recommendation report of the Commissioner of Planning and make recommendations to Council. j I rA hV---paexemkewp=.2 63 i i i Page 5 Council Decision i 22. Council shall either: a) approve the application or Council-initiated Amendment and pass an adopting by-law, or b) refuse the application or Council-initiated Amendment. 23. The Clerk will give written notice of adoption within 15 days of Council's decision, as required by the Planning Act. 24. Notice of adoption of a proposed Official Plan amendment shall contain the information required by the Planning Act. If a notice of appeal is not received within the appeal period, Council's decision shall be final on the day after the last day for filing a notice of appeal. At the end of the appeal period, the Clerk shall send notification that Council's decision is final to those persons and public bodies were sent the notice of adoption. 25. If a notice of appeal is not received, the Clerk, or an employee of the Clerk's Department, shall swear a declaration that notice of adoption was given, and that a notice of appeal was not received. A copy of the sworn declaration shall be sent to the Ministry within 15 days of it being sworn. Appeals i 26. A notice of appeal may be filed with the Clerk in respect of a proposed Official Plan amendment by: a) the applicant, if notice of a public meeting, if required, is not given within i 45 days of receipt of the proposed Official Plan amendment; b) the applicant, if Council fails to adopt the proposed Official Plan amendment within 90 days of receipt of the proposed Official Plan amendment; i c) the applicant, if Council refuses to adopt the proposed Official Plan amendment; and d) any person or public body, for all or part of Council's decision, not later than 20 days after the day that the giving of written notice of adoption is completed. rAbMropaexemV)e =.2 u4 Page 6 27. The Planning Department will confirm that the notice of appeal is in the form required by the Planning Act, and will prepare and forward a portion of the Record for the Ontario Municipal Board to the Clerk. 28. - For appeals under 26a), 26b) and 26c), the Clerk shall complete the Record,. and forward it to the Ontario Municipal Board within 15 days of receiving a notice of appeal, with a copy to the Ministry. 29. For appeals under 26d), the Clerk shall complete the Record, and forward it to the Ontario Municipal Board within 15 days after the last day for filing a notice of appeal. 30. If all appeals under 26a) and 26b) are dismissed by the Ontario Municipal Board without holding a hearing, or are withdrawn, the Board shall notify the Clerk, and the Planning Department may proceed to give notice of the public meeting, or Council may adopt or refuse the proposed Official Plan amendment, as the case may be. 31. If all appeals under 26c) are dismissed by the Ontario Municipal Board without holding a hearing, or are withdrawn, the Board shall notify the Clerk, and Council's decision shall be final on the day that the last outstanding appeal has been withdrawn or dismissed. 32. If all appeals under 26d), in respect of all or part of Council's decision, are withdrawn, and the time for filing appeals has expired, the Board shall notify the Cleric, and Council's decision, or the part of the decision that was the subject of an appeal, is final. The proposed Official Plan amendment, or part of the amendment, that was adopted, and for which all appeals have been withdrawn, comes into effect on the day the last outstanding appeal has been withdrawn. I 33. If all appeals under 26d), in respect of all or part of Council's decision, are dismissed by the Ontario Municipal Board without holding a hearing, and if the time for filing notices of appeal has expired, the Board shall notify the Clerk, and Council's decision, or the part of the decision that was the subject of an appeal, is final. The proposed Official Plan amendment, or part of the amendment, that was adopted or approved, and for which all appeals have been dismissed, comes into effect on the day the last outstanding appeal has been dismissed. rAbh\-.:oaexemV,wproc.2 G 5 i PROCEDURE FOR DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATIONS RECEIVED ON OR AFTER JANUARY 19, 1998 STEP 1 Applicant Undertakes APPLICATION Pre-Submission Consultation Council initiates Application Incomplete Amendment Submission Application Returned i Consultation with Persons STEP 11 and Public Bodies CONSULTATION --- If Notice of Public Meeting is Not Given Information Report and Within 45 Days of Notice of Public Meeting Application Receipt, Applicant can Appeal to the OMB , Public Meeting of Planning Committee STEP III Recommended Report and COUNCIL DECISION Written Notification of Meeting Planning Committee Recommendation to Council If Council Fails to Make a Decision Within 90 Days o of Application Receipt, Applicant can Appeal Council Receives Planning Committee to the OMB Recommendation and Makes Decision S F Notice of Adoption If Council Refuses to Adopt,Applicant can Appeal to the OMB i NO APPEAL APPEAL i - Council Decision Forward j is Final to OMB I January 1398 n_-mnDr�rclwumbpeCun i i I �--- COUNCIL.INFORMATION I-18 I i I 29'January 1998 be Regional Aunicipality of Durham I clerk's Department Mrs. P.L. Barrie 305 Rossland Rd.East Clerk RO.Box 623 Municipality.of Clarington Whitby,olN 6 40 Temperance Street .,anada Li N 6A3 p '905)668-7711 Bowmanville, Ontario Fax:(905)668-9963 L1*C 3A6 P.M.Madill,A.M.c.r. 8891°nal clerk Hydro Easement- Hetherington/Quinn (CC #561) (Our File: L10-00) Mrs. Barrie* the Planning Committee of Regional Council considered the above matter and.at a meeting held on January 28, 1998, Council j . adopted the following recommendations'of the Committee: "a) THAT.Commissioner's Report#98-P-013 be received for . information, and b) THAT a copy of Commissioner's.Report#98-P-013 be forwarded to the Clerk of the Municipality of Clarington. 4 T I I CLERK P.M: Madill, A.M.C.T. ' AM 6Y I Regional Clerk ORIGINAL • ` CPiG T0: PMM/cb encl. s - . LEE. - - i.� I i 1 Planning Department Commissioner's Report to Planning Committee Report No. 98-P-013 Date: January 20, 1998 _ SUBJECT Request from the Municipality of Clarington, Transfer of former Hydro Easement j I Council Correspondence 97-561 dated November 13, 1997 from Patti L. Barrie, Clerk, Municipality of Clarington RECOMMENDATION 1. THAT Commissioner's Report No. 98-P-013 be received for information, and 2. THAT a copy of Commissioner's Report No. 98-P-013 be forwarded to the Clerk of the Municipality of Clarington. REPORT 1. On October 27, 1997, Council of the Municipality of Clarington adopted a resolution requesting the Region to consider waiving the procedure by-law and allowing a single consent application fee for the transfer of a former hydro easement to abutting property owners. Clarington Council's resolution j was in response to a request from 27 property owners on Hetherington Drive and Quinn Drive, Bowmanville. i i I 2. The subject hydro easement was acquired in 1969 by WI-Swar Enterprises Ltd. who registered a plan of subdivision on Hetherington Drive and Quinn Drive in 1973. The residential lots are approximately 100 feet deep and back onto the former hydro easement on both sides. The property owners erected fences and planted trees and in other manners occupied the former hydro easement. In 1991, Wil-Swar obtained consents to sever 9 parcels from the westerly portion of the easement and conveyed them to the abutting property owners. 34 I I i i Commissioner's Report No. 98-P-013 Page 2 i 3. On July 14, 1997 Mr. Frederick H. Wood, Solicitor on behalf of the 27 property owners on the easterly portion of the easement met with the Land i Division Committee and presented his proposal for reduced consent application fees. The Land Division Committee decided not to reduce the application fees since other land owners backing onto the same easement and proponents of numerous other multiple applications had paid the full fee. 4. Mr. Wood recently advised that he has proceeded to claim title by way of adverse possession for a period in excess of the statutory period of 10 years, and will not be pursuing the consent process. Accordingly, a decision will not be required on the request from the Municipality of Clarington, and as such Council Correspondence 97-561 should be received for information. I A.L. Geor M.C.I.P., R.P.P. Commissioner of Planning Attachment: 1 - Council Correspondence from Patti L. Barrie, Clerk, Municipality j of Clarington R:UMHYDR0 AS.WPD � 5 i Attachment{ 1 CLERK'S DEPARTMENT W I Original 0MUNICIPALITY OF 1arington To: ONTARIO I T.. i November 13, 1997 ROY 19 12 54 PH 097 _ C.C. Mrs. P. Madill, Clerk r---- _ch _ ake Aopr, Acho 4199 n Regional Municipality of Durham _. 605 Rossland Road East, Box 623 PUE 'j Whitby, Ontario N�V 2 ON 6A3 �• pi�NAM t. �. Dear Mrs. Madill: Fide Rey. i i RE: HYDRO EASEMENT- HETHERINGTON/OUINN - OUR FILE: L07.ON At a meeting held on October 27, 1997, the Council of the Municipality of Clarington passed the following resolution: "THAT Report ADMIN-48-97 be received for information; and THAT Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a single fee for the transfer of the former Hydro Easement in question." Enclosed, for your information, is a copy of Report ADMIN-48-97. YoU.'rs very tru Patti arrie, M.C.T. PLBl1b i Enclosure I cc: W. Stockwell, Chief Administrative Officer F. Horvath, Property Manager • I i i J ' 0 ✓ r _ Ll J 8 6 1 REPORT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T I REPORT "" Meeting: COUNCIL MEETING File # �-C�1. c'? � )ate: OCTOBER 27, 1997 Res. # C=1yo-4 i By-Law# '1eport#: ADMIN-49-917iile #: Subject: HYDRO EASEMENT - HETHERINGTON/QUINN iecommendations: It is respectfully recommended that Council approve the following: 1. THAT Report No. ADWN-48-97 be received for information; and 2. THAT Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a single fee for the transfer of the former Hydro Easement in question. 1.0 BACKGROUND: 1.1 At a meeting held on January 13, 1997, Council referred the correspondence dated December 17th and the delegation of Andrew Jamieson to the Chief Administrative Officer to consult with the Solicitor regarding the request pertaining to the Land Division Committee fees (Attachment No. 1).. 1.2 As Council is aware, the delegation approached Council to request their assistance in reducing the Land Division Committee fees for the families who are in negotiations to purchase the former hydro easement. The fees in question are $600.00 per parcel as established by the Regional Municipality of Durham. There are 23 parcels that are being considered and this represents $13,800.00 under the current fees by-law. 1.3 The Municipality could purchase the former easement land and then sell to the residents. However, in doing so, the Municipality would have to declare the property surplus, obtain i an appraisal and then advertise for sale as specified in the Municipal Act.This is not a viable option for either the landowners or the Municipality. 1.4 The second option would be for Council to request to the Regional Planning Committee to amend the fees by-law to provide a single fee of$600.00 for the transfer of the former hydro easement to the abutting property owners. ../2 8 7 i REPORT ADMIN-48-97 12 , OCTOBER 27, 1997 1.5 Council could request that the Region of Durham Planning Committee amend their fee By- law to provide a single fee for the transfer of the former hydro easement to the abutting property owner. Council should be aware that it is the policy of the Region of Durham Land Division Committee that a separate application with applicable fee be submitted for each consent transaction in accordance with By-law 35-92.The application processing fee for each application submitted is $600.00. j i Respectfully submitted, Reviewed by, i Fre rvatl R.D.M.R.,R.R.F.A. W. H. Stockwell, Pro party Manager Chief Administrative Officer FH:sa Attachments I I 08 i i ,, ATTACHMENT NO.1 TO REPORT NO.ADMIN-48-97 COUNCIL DIRECTION D-10 I i � 96 _ 17th Dec, 1996 Clarington Councillors, Town Hall, Bowmanville. Dear Sir or Madam, I have been asked to talk to Council regarding the Hydro Easement at the rear of the properties ibetween Quinn Drive and Hetherington Drive. I represent 27 families who are now in negotiations to purchase the land now owned by Wilswar Enterprise. Yours Faithfully, '• '=y Mr. Andrew Jamieson. j i CO 5 CL i 09 BLOCK F REGISTERED PLAN N2 702 9(*4 U.1 fit N :: I I it: 1 01 IJ0V,"--VJJVILLE.COIJUTY Or ()URI IMI I -mr TOWN 017 NEWCASTLE 01- 01JUMAM IVAN Lt %V1U.ACC. HErHERINGroN DR/ve ve 4*.l.-tl" X. .1.1e SC CO' WOO* ]O M' s000, -I— so.ocr so.ew SG:w :.x f7 CC 8 PART PART 4 IT 5 PART 6 PART 7 PART 2 1 PART 9 tt PART 10 PART PART L at- sy, to r w !0-e 5 50.00' --X- scoc SOW 5C3C BART 11 T-SYT50,2; 3.1- 3-0- • 1?50' 3Y.SW 32W 37.w 37.2,- !-c !Ysi T 2:, T. 0 P-A`RT5C2'I* PART 19 �PARTIS 8PARt 12 8- PART23 §PAR 2 PART 20 MPARTIT APARTIG gPARTIl FIT 14 PART 13 375 3r5w--- 375C llso* 37sw-_z 3,sw cr 9 Z.- sy• 0- w A? 61 5 T E t-9 P'L A N 7r, :W::, 4 r :35 JGLO t r's r3 t).e-l�i L- CX) a t- r— M Go oo* 2D Y pk 01 N17059,w AIOC.. 30" A; 84. ... ..... z 4 co .4 66, p �4 .4 41 0 W 2 0 N 10, 0 *.o R rn – (A 'CO 0, 14,30' top 4o ds °O S 0.00' I S0 00' 39.00, r 164.30' - .......... NA 0 00.lo V, 51 R E E T t o 169.30' 469 •-00 69.30' PA J/ 0 4 -\3 o�io X eG-4 6 0 t 40-od od 59! %0 0 o. 0 -b oo. % '0 0 a X 00 k 66,00. 0. i-k 4. o' 0 V 0 gyp" ob RA D ?e, 04 G5 5;.5.00 %•- C L° 0 0 4, '9% 0 0- 60 -38 ,A I 41 lb c! '10 4" 60 4`p0° 10 619. 00. '0 &Z 0.- 41 C) 0 CIN4, Q) ly Q) n i Council Communications for Direction February 9, 1998 Number Suggested Disposition D - 1 For the direction of Council . D - 2 THAT the correspondence dated January 19 , 1998 from June Hunter, President, -Hospital Auxiliary regarding the hospital' s annual tag day, be received; THAT permission be granted for Memorial Hospital - Bowmanville to hold their annual Tag Day on Friday, May 8, 1998 ; and THAT June Hunter be advised of Council' s decision. D - 3 For the direction of Council . D - 4 For the direction of Council . D - 5 THAT the correspondence dated January 19, 1998 from Eileen Higdon, Durham Child Poverty Committee regarding . Child Poverty Action Day, be received; THAT Tuesday, April 21, 1998 be proclaimed "Child Poverty Action Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Eileen Higdon be advised of Council' s decision. D - 6 THAT the correspondence dated February 2, 1998 from Susan Sawyer DaCosta regarding the Official Plan Amendment Application submitted by Mr. and Mrs . Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT Susan Sawyer DaCosta be advised of Council' s decision. D - 7 THAT the correspondence dated January 28 , 1998 from Annabel and Henry Sissons regarding the Official Plan Amendment Application submitted by Mr. and Mrs . Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT Annabel and Henry Sissons be advised of Council' s decision. Council Direction - 2 - February 9, 1998 D - 8 THAT the correspondence dated January 22 , 1998 from Elizabeth Bovaird, Board of Management Orono Town Hall regarding Orono Town Hall Day, be received; THAT Friday, May 22, 1998 be proclaimed "Orono Town Hall Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Elizabeth Bovaird be advised of Council' s decision. D - 9 THAT the correspondence received from the Brydson family regarding the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; -and THAT the Brydson family be advised of Council' s decision. D - 10 THAT the correspondence dated January 26, 1998 from R. Jeffery, A.R. Jeffery Construction Limited requesting the installation of street lights from Oshawa' s Townline to Varcoe Road, be received; and THAT R. Jeffery be advised that this project has been included in the Public Works Department' s Four-Year Forecast, with the design work being proposed for 1998 . D - 11 THAT the correspondence dated January 28, 1998 from Debbie Flieler tendering her resignation from the Bowmanville Museum Board of Directors, be received with regret; THAT, as requested by the Bowmanville Museum, Gladys Ashton be appointed as the Friends Representative on the Board; THAT the appropriate by-law be forwarded to Council; and THAT Debbie Flieler, Gladys Ashton and Ellen Logan be advised .of Council' s decision. i Council Direction - 3 - February 9, 1998 D - 12 THAT the correspondence dated January 21, 1998 , from Bill Salter, President, Ontario Senior Games Association, be received; THAT the Ontario Senior Games Association be thanked for the invitation to bid as the host of the 2000 Ontario Senior Games; THAT, in view of the recent Council direction to staff to explore the possibility of the Regional Municipalities hosting the 2000 Ontario Games, the offer to host the 2000 Ontario Senior Games, be respectfully declined; and THAT the Ontario Senior Games Association be advised of Council' s decision. D - 13 For the direction of Council . D - 14 THAT the Application to Manage and Conduct a Break Open Ticket Lottery submitted by the Durham Central Agricultural Society to conduct a Nevada Lottery at Dulee' s, 5294 Main Street, Orono, be received; THAT the application be approved provided the applicants comply with all provincial and municipal requirements; and THAT Gordon Robinson and Bob Allin be advised of Council' s decision. C UN DIRECTION - D-1 6544 NEW DUBLIN ROAD TELEPHONE (613) 345-7480 R.R.2 ADDISON, ONT. FAX (613) 345-7235 KO E 1 AO .SAN Z6 �Z 38 TOWNSHIP of ELIZABETHTOWN January 16, 1998 'DA Ontario Municipalities JA.! 2 2 1998 Dear Sirs: , ,:,•t ��'• ;it Cl Afl1NGTUN foxyGR'S OFFICE As you are most likely aware,Eastern Ontario has recently been devastated by one of the worst natural disasters in history, an ice storm that knocked out power to virtually every household in this area. As many of our residents enter their second week without power,we continue to deploy all available resources to insure that they continue to receive the essentials they require. We have also commenced the daunting task of cleaning up.Initial estimates of the damage to the area caused by the storm are closing in on one billion dollars. We continue to insure that we can meet the needs of our residents, regardless of cost. We also i anticipate numerous requests for financial assistance from our residents,whose personal resources have been depleted, as they attempt to return to their daily routine. We appeal for any financial assistance you could offer to help us deal with this situation. Donations can be forwarded to the"Elizabethtown Disaster Relief Fund",care of the Township of Elizabethtown at the above address. Yours very truly tip t.. l'.� �• Reeve Dave Mack DM/sm ;-........- .. _._ ._.._._ ..__........ y y N',.,• t p' n Y �.,;CODNCIL bIRECTI ? .i,. Fe •cr S , Y. 1 r - 'p}1i',Aj+�pl�t.:�rd�!!� frf{�sik,t�„''��AtFi��,?i�SJ�'•��':i'�t "� � • r� ON' 2 'Y i Y ' �nr _• ',•1}{}i y,,YF > .i�}i,f '�l�ti'. £`��f�a.r ;'(eYrY � y;/: �O�/•—�-��WY, ��/V�id�� .. !HISS ik��'A i!' ��ly Y'�>, - to Aemota PJoilittaL .�... . Bowmanvffc, (ontatio .IAN 16 Ins PM LICE 2tN4 January 19, 1998 Mrs. Pattie Barrie Town .Clerk Municipality of Clarington 40 Temperance Street:. . Bowmanville, Ontario L1C 3A6; s ,z; Dear Ms. Barrie. "I ... The Auxiliary Ito .Memorial. "Hosp`ital- Bowmanville would > ,;; like to make application" f-or.,;permission to hold thei.r :, .;; Annual Tag Day:` on Friday, May `8th, 1998 . ~ As `in the past proceeds from this day are designated to purchase medic•ai—equipmerit. for the Hospital. We anticipate a favourable reply to our request and sincerely thank you for your support in the past. If further information is required I may be reached at 623-2407. Yours.,.-sincerely, Uis GI.�iK �_.__. fUrs . ) June Hunter I N*. 8Y President, Hospital Auxiliary iRr6tMAL COPIES T0: _ �. V L I 4W A.Diu U.I. r bl.i-/'J/-Ly'L I I WN HAUAR 1 Y PAGE 01 COUNCIL DIRECTION D-3 r JAN Z8 14 27 PM '98 4 OFFICE OF THE CLERK TREASURER PH.613-757,2344 FAX.613.767-2027 R.n.2,KILLALOE,ONTARIO KOJ 2A0 January 27, 1996 i TO: Alt Municipalities in Ontario EROM4. The Township of Hagerty&Richards RE: Recyclable Containers-Deposit and Refund System The Council for the Township of Hagarty and Richards is requesting your support for the attached resolution dealing with requiring manufacturers to initiate a deposit and refund'system for items sold in containers, The requirement to have all manufacturers make their containers refundable will certainty lead to less refuse being placed in landfills,thereby prolonging the fife and manageability of the sites. Your endorsement of this resolution is anticipated and would be very much appreciated. I Yours truly Loma Hudder,A,MCT Clerk-Treasurer' ' ;U. Y .. LH:ct j QPt- 11INAL s '_..�Flccl_ '- r attach. cc: Honorable Norm Sterlitig, Minister of Environment . J ' .._ .. .. Mr. Dave Stewart, Warden, County of Renfrew - ' y-.____- eelittsilyyts e1:4t bIJ—tbt-2J2( IWP HAGARIY PAGE. 02 Munlcip.l World*—Form 426 j •IRK, rA.in Canada,A(unlcipal World Inc. Session 18—IS—No._..� Moved by Seconded by rd I .ag � � a I I b C• ettt{led a true COO �,,t, .......4 otnR a t+ det,Cletk- TownshtP of Ha9ariY &R}�hard� 01/213/19138 U1:49 b1:3-/b 1-292 I WI' t iHtaAf11 Y rHUt bl I r1SM/A qy' II OFFICE of THE CLERK TREASURER PH.613-767-2344 FAX.013-757-2027 R.R,2,KILLALOE,ONTARIO KOJ M January 27, 1998 Tol All Municipalities in Ontario Y QM; The Township of Hagarty&Richards R�,,,E� Recyclable Containers-Deposit and Refund System The Council for the Township of Hagarty and Richards is requesting your support for the attached resolution dealing with requiring manufhcturcrs to initiate a deposit and refund system for items sold in containers. The requirement to have all manufacturers make their containers refundable will certainly lead to less refuse being placed in landfills,thereby prolonging the life and manageability of the sites. Your endorsement of this resolution is anticipated and would be very much appreciated. Yours truly Lorna Hudder AMCT Clerk-Treasurer .LH:ct attach. cc: Honorable Norm Steding, Minister of Environment Mr_ Dave Stewart, Warden, County of Renfrew I U1/L0 1 1J7U Li I.YJ U1J (J?-/34t IWr tl1AUHKIY AAwicip6i World*—Form 425 •tort.T.M.in Canada,Mutldpal World lnc. j i Q 8eWon 19 2:8 No. _,. .. .. Moved or �CII� � °7'' /'�?.!7/`��7�.�G�,�G�a�'�t'�tisrd?.�2dr� �1��'�^`�' .•�t:�Gtic.� J / i grttttea a true copy Rte. •� C e�k.1r"easute� 0(()&Nudder, &Ft14ha��g To�vnShtP of tiaOa�tY . I i i 01/Z6/90 23:09:59 EST; ASSOCIATION OF?—> 905 623 0030 CLERK—Clarington Hun Page 002 JAN-26-98 MON 04;21 PM AMO COUNCIL DIRECTION FAX NO, 4169716191 P, 01/02D-4 01/23/98 09:22 RICH. HILL. CLERK'S DEPT, 4 94169716191 NO.104 902 I The Town of Richmond Mill * P.O f .aox 3U0 � 225 Extl Beaver Creek Roan A Richmond Hilt,Onladu Canwh IAC 4Y5 010-f olty (911,1)771-8800 1998 01 20 r s To the Mayors,Reeves and ChairporsOns Of all Ontario Manioipalhies i Subject: lee Storm-January 1998 C'hallenQC to Munaclp; 5 I I � As we are all avdare d was devastated by the January ice storms. The Muth of Eastern Canada, Town of Richmond Hill was indeed fortunate to be spared the brWt,of this storm. In recognition of our fortunate positioA, Council passed a motion organizing a Disaster Relief Coa=ittee and providing direct assistance to damaged areas by sending both heavy equipmw and staff to work on the cleanup. As well, we have donated $10,000 to the relief efforts and Town. Staff have raised additional funds through their own efforts. The Town of Wchmond Htll invites all municipalities in Ontario not affected by this disaster to join with us in hel ing those beleaguered municipalities in their time of need. I Sinc-srely, i William F,Bell , Mayor - � dGiNAL T ' Atmchment: Extraot frb Council mef tins C#1-98 bald Iamtary 12, 1998. -. 01/Z6/9B Z3:10:33 EST: ASSOCIATIOt1 OF?-> 905 6Z3 0030 CLERK-Clarington Hun Page 003 JAN-26-98 MON 04:21 PM AMO FAX NO. 4169716191 P. 02/02 01/R3/9a 09,22 RICH. HILL, CLERK'S DEPT. 4 94169716191 110.104 P03 EXTRACT FROM COMM MFETINC 01-913 MELDJANUAhY t2, 1998 -lee Storm January 1998 6trenrin 1trm 2323 Movad by Councillor Spatafora Secondod by Councillor Bishop WHEREAS the rtotnt ice storm forces tons of thousands of people in Ealtcm Ontario and Quebec to abandon their homes for the warmth and safety or emergency shelters;and WHP,kEAS some aroas many not having electrical power restored for a period of 7 in 14 days according to newspaper roporu;and WHEREAS emergency generators,blankets,sleeping bags,heavy equipment and money are needed to i help restore electrictl power, THEREFORE BE IT RESOLVED that the Town of Richmond 14111 organize a Disaster Relief Committee to co.erdinate with the offotu of-the CAnadian Red Cross society and the Pcovinoial and Federal efforts; and The Town of Richmond Hill provide any heavy equipment that may. be available through the Town and Invite Richmond HUI Hydro to partloipate;and funtict That the residents of Richmond Hill be Invited to make monctary contributions through the Disaster Relief Committ-_e;and That the Town of Richmond Hill donato$10,000 from the grant account to the relief efforts and invite all municipalities in Ontario not affected by the disaster to make similar contributions and send this notice thcottgh AMO. Carried Unanimously i i i COUNCIL DIRECTION D-5 -DurhaM C�i1d�o�Qr-ty� Co�Mi-i-f-QQ January 19, 1998 Diane Hamre, Municipality of Clarington, ,� $ N 13 A 40 Temperance Street, j Bowmanville, Ontario. �� L1C 3A6 i l' .1 of Gtr ; "S 8c. Dear Mayor Hamre and Members of Council: Re: Child Poverty Action Day — Tuesday, April 21, 1998 The Durham Child Poverty Committee invites you to join with the Durham,Northumberland Municipalities to proclaim April 21, 1998 as Child Poverty Action Day. Opinion polls indicate that child poverty has become the number one concern facing Canadians. Recent reports have shown that there are now over half a million children living in poverty in Ontario, with many of them in our own community. The Durham Child Poverty Committee has been established to work on a program to: increase community awareness of issues related to child poverty and child well-being (1 ' highlight and coordinate community based efforts to tackle these issues develop a long term strategy for a"made in Durham"plan to address our child poverty problems. The Committee brings together community groups and individuals from various sectors to begin this process by first organizing a symposium on child poverty. The symposium,will be on April 219 1998 at the Whitby Mental Health Centre, 619 Brock Street South, Whitby. It is designed to generate increased community commitment and involvement in child poverty. Worksh-7s would be centred on components of a strategy such: ' community responses to alleviating the effects of poverty building community action on social policy. create a task force to oversee the setting up of,a Durham Child Poverty Strategy as j developed at the symposium. j I 3ocial-DQQ21ap4ehl- Council of A jax'i ickP_-(r)8 132fl C6ggP_rcial Aw-nue, Nox, w LJ3 2t}s 905 G -2 1 fox 905 -`I s In cocperatioa wici RNAO.Department of Social Services,PAstview Boys and Girls Club,Fairness for Durham's Kids,United Church Ministers,YWCA,Simcoe Hill Settlement House Sponsors Durmach Foundation,Ontario Association of Social Workers and more to come i You are invited to attend the Child Poverty Symposium on April 21 at Whitby Mental Health. Keynote Speaker will be Dr. Dan Offord. Dr. Offord has done extensive research on the effects of child poverty and has worked in collaboration with the World Health Organization. The cost for the day is $20 (including continental breakfast, lunch and workshops). Registration will be limited to the first 150. To register or for more information, please contact Joan Skelton at the Ajax Pickering Social Development Council (905) 686-2661. We count on your support. " Sincerely, �� t Eileen Higdon Higdon RN RNAO Rep l i I � I f i t c%Social-De�jQlcspHP-nt Council of Ajax'i ickQrin8 132A Cowo- al AQQ-oae, Nlax, w LIS * Ttow(905>(0ZG-2GGI fox(9o5)GZG-1157 to coLperation aVH�RNAO,Department of Social Services,G.aztview Boys and Girls Club,Fairness for Durham's Kids,United Church Ministers,YWCA,Simcoe Hall Settlement House Sponsors Durmach Foundation,Ontario Association of Social Workers and more to cone i b'G/b'L/`Jtf 16:bb CPy05983$22H HAM I LTONS INS -+-►-► MUN l CLARI NGTON @1001 1 ; .COUNCIL DIRECTION i Hamiltons Insurance Service Ltd. 5334 MAIN STREET,BOX 309,ORONO,ONTARIO LOB 1 MO PHONE:(905)983.5115 FAX:(905)983-8228 Feb. 2 , 1998 i4 TO: MUNICIPALITY OF CLARINGTON FAX: 623-5717 uD ATT: MAYOR DIANE HAMRE, COUNCIL. . . RE : THE LISHMAN PROPOSAL t Sorry I was unable to stay for the duration today. I heave; spoken on a previous occasion as a resident and business perso" i} Orono. There was limited information at that time, but the proposal seemed to provide growth potential for Orono. During these past months, with more information avail ae, , feel more strongly that this endeavor would be a "positive" �' oriorono. I have lived on a working farm for almost 35 years, the!, first 23 years within a mile of the site under discussion. We have . previously heard Mr. Henry Eikens address the farm capaili.ties, he had rented the land for a number of years . This is �OT'. prime agricultural land. i I have farmed and also have a knowledge of the farming community from my insurance business. Approx. 250 of our business is farm-related. I would have much difficulty providing a, list of j farmers who make a living in agri-business . . . there is of-farm income 99% of the time . I took part in an OMB hearing many years ago, try a prime piece of farm land—not financially viable even then. . .now known as Wilmot Creek. On the environmental issue, again, have lived and worked in this area for 35 years. Don' t see any particular effect frgA the housing, the gravel pit on site, I can remember years when .there were gravel trucks at the rate of one-a-minute on the Lfiskard Rd. from a northern gravel pit, a farm dealership, nor the �U from the asn club. Am sure whatever wildlife there is ,will, continue . This proposal is NOT the relocation of General Motors South Plant t Algonquin Park! And this particular proposal isn' t a typical "factory" . , - am sure whatever "water" issues arise can be addressed. I have toured the Blackstock plant, have some knowledge- of the site, realize the entrance needs a major upgrade . Yes, _here is an Official Plan. . . there is also a proced�reto amend — in light of changes in the area, ownership of tie site , perhaps just not totally accurate at the outset . 02/02/98 13:06 '8`9059838228 HAM I LTONS INS MUN I CLAR I NGTON 00'L Hamiltons Insurance Service Ltd. • 6334 MAIN STREET; 80X 309,ORONO,ONTARIO LOB iM0 PHONE:(905)983-5115 FAX;(905)983-8228; 14 Pg. 2 We need people, we need jobs in Orono and area. . . I love. Orono but I realize too, without some f will simply die, growth this charming little village I am in favor of this project . i Yours s 'ncerely,,� Sus Sawyer DaCosta ACK, BY I ORIGINAL C 'rS .. L4+F- :7-V I i COUNCIL DIRECTION lay Dear Mayor and Members of Council , LISHMAN PROPOSAL-ORONO SITE AG st : We wish to express in the strongest possible terms our support for this project. It could hardly be more timely or appropriate for an area which has been hung out to dry,so to speak, by the loss of small industry and of the"Forestry". It represents OPPORTUNITY,NOT OPPORTUNISM as the nay sayers would have it. To deny the Orono community this greatly needed and remarkable entrepreneurial addition on the narrow grounds of zoning would defeat the very purpose of good land use planning.In this case marginal or sub-marginal"agricultural" lands which have not been so used for many years will be recycled into productive use in state of ` the art harmony with the surrounding area. This is a"cottage industry"with work roots in the surrounding area,not an industrial factory per se, as anyone who has visited the Blackstock operation will recognize. It's very character readily harmonizes with nature and it's highly successful international marketing strategy is unsuited to an industrial subdivision. As to the environment,we have absolute confidence(having been exposed to these rigours ourselves) in the ability of our regulatory authorities to ensure that the project has no unsatisfactory environmental impact.In fact the owners,naturalists in their own right, have indicated that We highest technical and engineering standards will be applied.Perhaps it may even be expected that restorative steps will improve on the state of nature now prevailing in the area of this abandoned gravel pit! In any event,to reject this outstanding economic opportunity because of the mights and maybes, rigidities and"not in my backyard"considerations which have been brought forward would be to shoot Orono and it's environs in the foot again.Orono can not remain static or retrogressive, successful antique movie set that it is. Orono badly needs a shot in the arm, a bold feather in it's cap. Lets look ahead and welcome healthy sustenance and growth for our community, it's deserving Main Street businesses ,and attractive surrounding countryside Annabel and Henry Sissons January 28 , 1998 ILJ n, ^ttY�r 7 1 C- �.v 0 COUNCIL DIRECTION D-8 I I BOARD OF MANAGEMENT ORONO TOWN HALL �`•: MAIN STREET '����' ORONO, ONTARIO r t LOB 1 MO SAN 3 �� i The Mayor & Members of Council Municipal Office �' �; 1<a1=�1C 40 Temeperance Street BOWMANVILLE, Ontario1 L1 C 3A6 AW I January 22, 1998 Dear Madam Mayor and Members of Council: The Orono Town Hall Board thanks you for holding the New Year's Day Levee at the Town Hall to "Kick Off" our Centennial year. It was greatly enjoyed by the Board and we are sure by all who attended. We would like to take this opportunity to request that Friday 22nd May 1998 be proclaimed ORONO TOWN HALL DAY and ask that you table this request for consideration at your next suitable meeting. I Yours truly, BOARD OF MANAGEMENT ORONO TOWN HALL Elizabeth Bovaird Treasurer �r r f Ac � if . 2 0!111 IN AL Imo--. w/-•``�4�`(!.�°---� ......c • t 1 i COUNCIL DIRECTION D-9 To: TO WHOM iT MAY CONCERN C/u c> � Co k4"c t 1 cc: rc.(A �5 �c J `t 1 -0S8 c_c-. ()ll r�Pn� ct ttl( ,,be reSjt— Subject: DEVELOPMENT RE CONCESSION RD. 7 AIRPORT, FUh FACTORY ETC. Sir/Madam: We moved into our dream home in the country near Orono. We selected this home above many others because of the quiet country setting and lovely creeks throughout the property. Shortly after moving in on August 15, 1997 with our five children we discovered, through neighbours of the plans of a certain few to radically alter the quiet beauty of this rural setting by building a subdivision, airport, and fur factory. Plans of this nature will bring noise pollution,water pollution, and air pollution. It is hard to imagine , that everything we moved away from the city for has followed us here. We do not understand how a project of this magnitude which is known to be damaging to air, water and noise quality of a neighbourhood could be approved. Especially,when in such areas as Enniskillen, where the mere addition of a deck on property contiguous to the ' conservation area requires the approval of the Conservation Authority to ensure no spoilage of the natural beauty . I guess it is still true that those with money can break the rules while the poor suffer the injustice. Sadly the Brydson family _ CC 1"%A G E14 FEB 0 Z 1998 t,},i,;;1^;.LIT`{OF CLARINCTON mAyows OFFICE (/� a u; t �o C-3 r i I i COUNCIL DIRECTION D-10 i A.R. CONST. LTD. JEFFERY PLAZAS Bus, 576-5711 Fax 576-5959 1050 SIMCOE STREET NORTH, OSHAWA, ONTARIO L1G 4W5 Res. 725-9478 �1A AGENDA1 I Jatua<uy 26, 1998 F�p p 2 1998 Mayor Dianne I lanire and Council 401'emperance Street ;.�s ; ��P},LIYY pF CLARINGTUN Dowrnartville, Ontario,UG 3A6 A411Y0.3'S OFFIC!~ Fax: 623-5717 Ite: 13irchdale Investments J.,itniled . Plaza, 1420 Kitit�.' trecf.l,�,,_(;ottrlice, Your Worship: Please note we are finalizing a.plaza at the location above wills our exit and cutrance on I MY 1112. King Street• 'Phis HWY 1123 King Street, is a very dark aril dangerous piece of highway Nvith no street lights from Oshawa's l'ownline to Varcose(toad, making this vcty very dangerous for pedestrians and traffic. 'There lass already been one i:-,ttality just east of our property a (CAN' nxonrhg ago and some other near misses recently. Street lights should.be installed to make it sale ('m our property to-enter and exit and also other established properties along this strip. Would you please lake this request.before your council and lot its knew ol'their decision. Waiting to hear from you. Yours truly, A. R. JEFFI-RY CONSY UID, _._---._.__.__........... .. .. ..-_ PE.It: CLERI- DIST TI0N s ►Jl ! AM BY J / ORIGINAL T << � Alt.l:jl 0 ES T0: •6 .JLI iI IJI LJ It IJII • A !U JU . IU'UU • 131t JI1 01 11�L. 1111111J1 It 1 . COUNCIL DIRECTION D-11 Mrs. Debbie Flieler AN Z9 9 211 Ali 190 I January 28, 1998 The Colporation of the Muncipality of Clarington 40 Temperance Street Rowmanville, Ontario L1C 3A6 Attention: Ms. Patti Barrie Dear Ms. Barrie: iZC: Bowmamviile Museum, Board ol'Direetors It is with my regrets effective February 9, 19981 will be unable to fulfill my responsibility as a member of the Board of Directors for the Dowinanville Museum. Unfortunately,my profession requires a proicet to be performed out of town I'm-u period of time and as a result will be It conflict in the commitment I extend to this organizotioti. Please accept this as my resignation. 1 will give consideration to an application again in the future that 1 can give a Vull commitment to and serve my community. I Sincerely yours, DIIS►T 1 ._UTION AC K. BY �{ U. df Debbie Flicler OR1G11VAL TI- .�'�i:..,�44.1 COPIES TO: �� 02/02/1997 16:49 90562: 56134 BUWMAIJV1LLL HU''LUN t-'AUL Ui i 37 Sliver Street. RO, Bo „fig 905/629-2734 kr8 $ gOWrnanwie,Qotai\o February 2, 1998 Marie P. Knight Deputy Clerk Municipality of Clarington 40 Temperance Street Bowinanville, Ontario L1C 3A4 I Dear Marie: i RE RFSIGNATION OF BOWMANV)l>G>LE MUSEUM BOA"MEMBER � We were unable to find a replacement at this time for the replacement of Debbie Flieler, who had to resign due to a promotion at work,but I would like to request that Board Member Gladys Ashton be nominated as the Friends Representative on out Board, replacing Debbie in that position. We will continue to inquire into a replacement for the vacancy on our Board and I will contact you if we find anyone suitable. j Thank you. Yours truly, Ellen Logan Secretary/Treasurer I i i BOHNAMlt2 MUSEUM 8QARD d M l�+sefieNy d OeAplm it i CO IRECTION D-12 ONTARIO eux' des SENIOR AINE-E-S Games DE UONTARIO HONORARY PATRONS NIENIBRES ICU COAHT• IYI I0NNF1 iR '11le Ilnnnrnnhle 1185 lfgUnlon Aoenne Bast, Suite 204 1.'Ilnnnr•rthle 1Y. I'orcliue,lic(lihlrrnt Not1h Fork, ottlavio A13C3C6 1>r.I'cttiline,ilcc;ihhnrt Me Ilnnrnur•Rlrle 7elephmne:(410) 426-7231 l.'Ilnnnrrth/r Uncnpt Al.;llexm do., 1',(:., Q.r;. 1-800-320-642,3 Tax:(41O 426-7226 /.irrrnlu,ll.;tlCrrntrler, c'.1'., r.r. i AEU"A January 21, 1998 l 1 i 17TtA d Mayor Diane Hamre Lt 0 L 1998 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario i',; OFf ICS L1C 3A6 Your Worship: The Ontario Senior Games Association respectfully requests that you and your City Council consider this letter as an invitation to apply as the host of the 2000 Ontario Senior Games Association - Provincial Championships, known as O.S.G.A. Actifest 2000. Please note that O.S.G.A. Actifest 2000 is scheduled to be held mid to late August, 2000. I Enclosed for your information is the Ontario Senior Games Association brochure as well as a copy of the Bid Guidelines which has been prepared in conjunction with the Ministry of Citizenship, Culture and Recreation. The enclosed document will be of assistance to you if you choose to bid for O.S.G.A. Actifest 2000. The Ministry of Citizenship, Culture and Recreation has mandated certain guidelines for bid consideration. Please note that you may include additional information which may enhance your bid proposal. It Is anticipated that the 2000 host city it will be announced at the O.S.G.A. Actifest '98 which is being hosted by the City of Windsor from August 18-20, 1998. In order to make this announcement, it is necessary to follow the timelines established for bid applications: In cn-operation with the Alinisby trf Cilizenship, Ctrltrtre and Recrectlinn Arec la cnnperaiirnt Arr Alhtisliar dc:cAj/aires ciNgties, rte la (:tdfitre, el rtes l.nlsirs I. MARCH 14, 1998 I Deadline for receipt of a Letter of Intent which would state that your community will be submitting a bid proposal for consideration as a possible host for Actifest 2000. 2. MAY 1, 1998 Deadline for receipt of bid proposal applications. If you have any questions prior to the submission of a Letter of Intent and/or Bid Proposal, please contact one of the following people: Carole Lasher Suzanne Rubinstein Provincial Co-ordinator Program Consultant Ontario Senior Games Association Ministry of Citizenship, Culture&Recreation 204 - 1185 Eglinton Avenue East 77 Bloor Street West, 8'Floor j North York, Ontario Toronto, Ontario M3C 3C6 M7A 2R9 (416)426-7031 (416)314-3755 (416)426-7226 Fax (416)314-7458 Fax We look forward to your reply! Sincerely, 'j 1 Bill Salter, President Ontario Senior Games Association encl. NOTE: Document is available in the Clerk's Department. I COUNCIL DIRECTION D-13 ®® 20 Bay Street, Suite 600 Toronto,Ontario, Canada M5J 2W3 GO Transit )AN 26 12 38 198 (416)869-3600 Fax(416) 869-3525 19 January 1998 Her Worship Mayor Diane Harare �., A Municipality of Clarin ton `Y ;�',� P Y g � '. 40 Temperance Street ;, w Bowmanville, Ontario 199 L1C 3A6 JAIL t Dear Mayor Hamre: iVim0rvS OFF}�+E Subject: GO Transit Bus Services As you are no doubt aware, Oshawa Transit initiated a local transit service along Hwy. #2 into Courtice on 3 November 1997. By all accounts, this new, low cost travel alternative appears to have been well received by the residents of Courtice. Unfortunately, this service has also had a negative impact on the bus service which GO Transit operates between Bowmanville and Oshawa. In a 28 November 1997 letter to Mr. Norm Tweedle, General Manager of Oshawa Transit, we advised that GO would be reviewing all possible impacts and associated ramifications on our ridership and revenue attributable to this new Oshawa Transit service. The first phase of this review has indicated that, since November, ridership on GO buses in this corridor has dropped by approximately 30% of total carryings. While the impact on revenue has been less severe, it still represents a 15%-20% income erosion for a service which has been marginal in terms of economic performance for many years. We, therefore, find it necessary at this point in time to advise the Town of Clarington that GO Transit will be closely monitoring the performance of its Bowmanville to Oshawa service over the next six months. If the deterioration of the revenue/cost ratio for this service continues, GO Transit will reluctantly have to consider its termination. i While GO Transit regrets having to even contemplate such action, it is evident that the demand for service in this corridor cannot support the operations of two different transit systems. This situation is not unique to the Bowmanville leg of our Hwy. #2 service and is, in fact, becoming a concern between Pickering and Whitby where local transit operators are providing more and more service duplication. Such actions are clearly within the mandate of the municipal transit operators, however, by effectively taking passengers away from the GO service, our continued operation in the Hwy. #2 corridor is undermined. /2 TORONTO AREA TRANSIT OPERATING AUTHORITY i - 2 - Please be assured that GO Transit will work, through Regional Chairman Roger Anderson, to coordinate transit activity in the Hwy. #2 corridor in order to ensure that services are delivered in the most effective and efficient fashion for the residents of Durham. Any withdrawal of services will only come about as a last resort. Sincerely, I'v/x Richard C. Ducharme Managing Director cc: Mr. Roger Anderson - Chairman, Regional Municipality of Durham Mayor Nancy Diamond - The City of Oshawa Mr. Nestor Pidwerbacki - Chairman, Oshawa Transit Mr. Norm Tweedle - General Manager, Oshawa Transit i 3 � ACK- by Np AIL F .............. .. t t i MUNICIPALITY OF _ �ar'ington ONTARIO REPORT #1 REPORT TO COUNCIL MEETING OF FEBRUARY 9, 1998 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE _ MEETING OF MONDAY, FEBRUARY 2, 1998 RECOMMENDATIONS: i 1 . RECEIVED FOR INFORMATION a) Report PD-16-98 - Hancock Neighbourhood Design Plan b) Report FD-2-98 - Monthly Fire Report - December 1998 2 . FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION a) Report TR-4-98 - 1998 Interim Tax Levy - By-law Amendment i b) Proclamation of Heart and Stroke Month i 3 . REZONING APPLICATION - CLINIC BUILDING (1979) LTD. THAT Report PD-11-98 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63, as amended, submitted by Barry-Bryan Associates Limited on behalf of Clinic Buildings (1979) Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT the interested parties listed in Report PD-11-98 and any delegation be advised of Council' s decision. 4 . OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT - LISHMAN INTERNATIONAL LTD. THAT Report PD-12-98 be received; THAT the applications to amend the Clarington Official Plan and Comprehensive Zoning By-law 84-63 , as amended, submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited, be referred back to staff for further processing and the preparation of a subsequent report ; and TKAT the applicant and all persons who spoke and registered at the Public Meeting be advised of Counccil' s decision. -----n•z.--I nc TLIC uILL11/ I0AI ITV nC !11 A0IIJ1_TnK1 i Report ##1 - 2 - February 9 , 1998 5 . REZONING APPLICATION - SAM CUREATZ ON BEHALF OF WALTER JOHN HALE THAT Report PD-13-98 be received; THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Walter John Hale be approved; THAT the amending by-law attached to Report PD-13-98 be forwarded to Council for approval; THAT a copy of Report PD-13-98 and Council' s decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-13-98 and any delegation be advised of Council' s decision. 6 . REZONING APPLICATION - QUARRY LAKES GOLF AND RECREATION CENTRE THAT Report PD-14-98 be received; THAT the application to amend the Comprehensive Zoning By- law 84-63 of the former Town of Newcastle, as amended, i submitted by Quarry Lakes Golf and Recreation Centre Inc. on behalf of 667433 Ontario Ltd. to permit the establishment of a Golf Driving Range, Mini-Putt, and maintenance office/club house be approved; THAT the amending By-law attached to Report PD-14-98 be forwarded to Council for approval; THAT a copy of Report PD-14-98 and the amending By-law be forwarded to the Region of Durham Planning Department; I THAT the "H" - Holding symbol in the amending by-law not be removed until such time the applicant has entered into a site plan agreement with the Municipality; and T=HAT the Durham Region Planning Department, all interested parties listed in Report PD-14-98 and any delegation be advised of Council' s decision. I ii I it Report #k1 - 3 - February 9, 1998 i II 7 . 290572 ONTARIO LTD, LINCOLN-GREEN SUBDIVISION CERTIFICATE OF RELEASE THAT Report PD-15-98 be received; THAT pursuant to the provisions of Paragraph 5 . 26 of the Subdivision Agreement between the Municipality and 290572 Ontario Limited, the Municipality has no objections to the issuance of the "Certificate of Release" ; I THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality of Clarington, the "Certificate of Release" ; and THAT 290572 Ontario Limited be informed of Council' s decision. 8 . DECISIONS OF COMMITTEE OF ADJUSTMENT, JANUARY 22, 1998 t THAT Report PD-17-98 be received; THAT Council concur with the decisions of the Committee of Adjustment made on January 22, 1998, for applications A98/002 and A98/003 ; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/002 and A98/003 in the event of an appeal . 9 . HERITAGE DESIGNATION 59 MILL STREET NORTH THAT Report CD-9-98 be received; THAT the appropriate by-law be forwarded to Council upon receipt of all required documentation; and THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, R.S.O. 1990, c .O. 18 and detailed within Report CD-9-98 . i i i i I I i Iil Report #1 - 4 - February 9, 1998 10 . MARK STEWART ANIMAL LICENSING SERVICE INC. - AGREEMENT THAT Report CD-10-98 be received; THAT Animal Licensing Service Inc. , be given the exclusive rights to sell door to door licenses in the Municipality of Clarington for the year 1998 commencing on March 1, 1998 until October 30, 1998 and subject to review by Council at the end of the year; THAT the agreement be executed by the Mayor and Town Clerk and the authorizing By-law be forwarded to Council for approval; and THAT Mark Stewart, Animal Licensing Service Inc. , be advised of Council' s decision. 11 . SPEEDING ON ROBERT ADAMS DRIVE, COURTICE THAT Report WD-12-98 be received; THAT Inspector Ross Smith of Durham Regional Police, 16 Division, Bowmanville, be advised of the residents' speeding concerns on the northern section of Robert Adams Drive, Courtice; THAT Mr J.W. Shore, via copy of Report WD-12-98, be advised of the Neighbourhood Speed Watch/Road Watch Program being developed with the use of a Radar Message Board; and THAT Mr J.W. Shore be requested to contact Ron Baker, Traffic Co-ordinator, Public Works Department,. if he and/or another resident is interested in participating in a Neighbourhood Speed Watch/Road Watch Program in his area of concern. 12 . OLD SCUGOG ROAD/GAUD GATE ROAD CLOSURE/RECONSTRUCTION ACCEPTANCE THAT Report WD-11-98 be received; THAT the developer' s application for closure and conveyance be withdrawn; THAT the proposed intersection reconstruction at Old Scugog Road and Regional Road 57, as modified by the Region, be deemed as satisfactory to meet the conditions of Draft Plan Approval as set out in Conditions 17, 18 and 19 in Report PD-283-89, submitted on November 6, 1989; THAT Mr. Bob Annaert and Mr. Bas VanAndel be advised of Council' s decision; and TKAT the residents of Old Scugog Road and Gaud Gate be advised of Council' s decision. i i Report ##1 - 5 - February 9, 1998 l 13 . DELEGATION OF KERRY MEYDAM - LISHMAN INTERNATIONAL LTD. THAT the delegation of Kelly Meydam presented by- Linda Gasser be acknowledged. I 14 . DURHAM REGIONAL POLICE CURFEW THAT the Clerk' s Department contact the Durham Regional Police Department for their input on the possibility of passing a by-law imposing a curfew in the Municipality of Clarington; THAT pending the Durham Regional Police' s approval of such a by-law, the Committee to Assist Youth and all three local B. I .A. ' s be contacted as well as other municipalities that have -put into force curfews in the past, for their input into such a by-law; and THAT a report be forwarded to the General Purpose and Administrative Committee. 15 . CONFIDENTIAL REPORT CD-11-98 THAT the actions taken at the "closed" meeting be confirmed. i I I i i i THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee February 2, 1998 Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, February 2, 1998 at 9:30 a.m., in the Council Chambers ROLL CALL Present Were: Mayor D. Hamre Councillor). Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim (until 1:50 p.m.) Councillor T. Young ,I Also Present: Chief Administrative Officer, W. Stockwell Director of Community Services,J. Caruana (until 3:30 p.m.) Fire Chief, M. Creighton (until 3:30 p.m.) Treasurer, M. Marano (until 3:30 p.m.) Director of Public Works, S. Vokes (until 3:30 p.m.) Director of Planning and Development, F. Wu (until 3:30 p.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. The Treasurer introduced Kristine Senior, who will be assisting the Treasury Department in the absence of the Deputy Treasurer. DECLARATIONS OF INTEREST I Councillor Rowe indicated that she would be making a declaration of interest with respect to Report PD-11-98. MINUTES I i Resolution #GPA-66-98 Moved by Councillor Schell, seconded by Councillor Trim THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on January 19, 1998, be approved. i "CARRIED" j DELEGATIONS (a) Betty and Norman Bowker, Executor, - re: Report PD-14-98 - were present to answer questions from the Committee. (b) Nick Mensink, G.M. Sernas and Associates, - expressed support for the recommendations contained in Report PD-14-98. G.P.& A. Minutes - 2 - February 2, 1998 DELEGATIONS CONT'D (c) Dirk Vreugdenhil, - re: Report WD-11-98 - advised prior to the meeting that he would not be in attendance. (d) Bob Annaert, D.;. Biddle and Associates, 96 King Street East, Oshawa, L1H 1136 - expressed support for the recommendations contained in Report PD-11-98. (e) j.W. Shore, 1 - re: Report WD-12-98 - was called but was not present. (f) Linda Gasser appeared on behalf of Kerry Meydam, who could not be present due to illness. In her estimation, Council should allow more access to public meetings to the residents and sought clarification on various issues pertaining to delegations versus speaking at the public meetings. Councillor Novak chaired this portion of the meeting. PUBLIC MEETINGS i Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: I (a) Proposed Zoning By-law Amendment- DEV 97-097- Part Lot 34, Concession 2, Former Township of Darlington, Northeast Corner of Varcoe Road and Highway 2 - Clinic Building (1979) Ltd. (b) Proposed Official Plan Amendment and Zoning By-law Amendment- DEV 97-058 - Part Lot 33, Concession 6, Former Township of Clarke - Tunney Planning on behalf of Paula Lishman International Limited. The Deputy Clerk advised that public notices were sent by first class mail on or before January 2, 1998, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition, notices were also posted on the sites prior to January 2, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. Public notice for the official plan amendment application COPA 97-008 was sent by first class mail on or before January 2, 1998, to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notices were also posted on the site prior to January 2, 1998. This notice procedure is in compliance to Ontario Regulation made under the Planning Act. The Director of Planning and Development advised that the notice pertaining to the Lishman's application contains an error. The 20 ha indicated in the Notice should have read 20.54 ha. In order to meet the requirements of the Planning Act, the correct information and notice requirement will be provided prior to staff bringing forward a recommendation report to the Committee for consideration. G.P.& A. Minutes - 3 - February 2, 1998 PUBLIC MEETINGS CONT'D i 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-11-98 - Clinic Building (1979) Ltd. - the purpose of this application is to permit the development of 1,015 mZ of retail commercial floorspace, 3,370 mZ of medical office space and 110 senior apartment units. The specific changes to the by-law include: i) an increase in the amount of office and personal service floorspace; ii) a decrease in the amount of retail commercial floorspace; and iii) setback, height, parking, loading and coverage requirements for the proposed building. Councillor Rowe made a declaration of interest with respect to the public meeting being held for Report PD-11-98; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe stated that her husband is a business partner of the applicant. Libby Racansky, - advised that, although she is not opposed to the proposal, she asked it the owner of the property would be willing to help to remove the trees from his property and transplant them along the Black Creek. Stan Racansky, - advised that he is not in opposition to or in support of this application. He noted that, in his view, there are too many parking lots along Highway#2 which have access to Highway #2. He cited a stretch of Highway#2 in Whitby where parking lots can access each other and, therefore, there are not as many cars exiting onto Highway #2 reduces traffic hazards. Ian Smith, ' advised that he is in favour of this proposal which will be a great asset to this community and which is long overdue. He requested members of the Committee to approve the application. Harry Horricks, c/o Oshawa Clinic, 117 King Street East, Oshawa, L1 H 1 B9 - Administrator of the Oshawa Clinic gave a brief history of the establishment of the Oshawa Clinic in 1938 and described the proposal which will consist of the Courtice Health Centre and a 110 unit assisted living building for seniors. He circulated a letter dated January 30, 1998, from Sally Barrie, Administrator, of the Durham Region Community Care Association wherein she expressed support for the application. He advised that traffic flow plans include the proposed signalization at the intersection of Highway#2 and Varcoe Road. Brian Saul, Barry-Bryan Associates Limited, 11 Stanley Court, Whitby, L1 N 8P9 - displayed an artists' rendering and model of the proposal and noted that this will create 52 to 60 new full time jobs. Resolution #GPA-67-98 Moved by Mayor Hamre, seconded by Councillor Mutton THAT the Committee recess for 10 minutes. "CARRIED" i G.P.& A. Minutes - 4 - February 2, 1998 PUBLIC MEETINGS CONT'D The meeting reconvened at 10:35 a.m. (b) Report PD-12-98 -Tunney Planning on behalf of Paula Lishman International Limited- the purpose of this application is to permit a 2500 m2 fur garment manufacturing facility. Councillor Young circulated a letter dated January 28, 1998, to the Planning and Development Director requesting that his name be removed from Report PD-12-98. Elva Reid, -circulated a copy of her presentation and stated opposition to the proposal because the land is designated as "permanent agricultural reserve" in the Durham Official Plan and "prime agricultural" land in the Clarington Official Plan which took three years to put into place. She noted that the farming community in Clarington is considered to be one of the most j diverse farming communities left in Ontario and this should be protected. She concluded by stating that: "you and I have a shared responsibility to future generations. Yours is to protect land use, mine is to use the land wisely." Libby and Stan Racansky, ; I -circulated a copy of their presentation dated February 2, 1998, wherein they expressed concern regarding commercial establishments being located in non commercial areas. They requested specifications pertaining to the proposed water consumption by the Lishman business, environmental concerns associated with significant alterations of the existing topography and the absence of an Environmental Impact Study. Allistair Gillespie, 796 Northword Drive, Cobourg, K9A 4W3 - Program Coordinator, Wildlife Education Centre, south of Taunton Road, advised that approximately 4000 school children attend the facility and he expressed a concern about students conducting studies in a contaminated stream. He advised that this enterprise should be located in an industrial site because sewage of the type created by this business should be filtered and will pose an unnecessary eco threat to Wilmot Creek. He noted further concerns pertaining to noise levels and sight line deficiencies for vehicular traffic. He suggested that the proper studies be completed before this is allowed to continue. Bev Wakefield, • advised that, although she is not opposed to the Lishmans relocating their business to Clarington, it should not be on environmentally protected and agriculturally zoned lands. She expressed further concerns pertaining to traffic, local employment, drivers gawking out the window at ultralight aircrafts creating unsafe vehicular conditions and the unsuitable location for this enterprise. David Lawson, - expressed concerns pertaining to the devastating effect that this proposal may have on the Wilmot Creek and its fish habitat if this application is approved. Doug Lycett, advised that, although his i farming operation "We're in the Hayfield Daylilies" is small, it has reached around j the world. Although he is not opposed to what the Lishmans want to do he is not in favour in where they want to do it. He also expressed concern pertaining to the noise emanating from the ultralights. i G.P.& A. Minutes - 5 - February 2, 1998 PUBLIC MEETINGS CONT'D Catherine Guselle, c/o SAGA, - advised that she concurs with the comments made by Ms. Reid, Ms. Wakefield and Mr. Lawson. She questioned why Mr. Lishman wants to locate his business in this particular area and suggested that the intent of the Official Plan should be respected and adhered to. Roy Forrester, - circulated a copy of his presentation dated February 2, 1998, and advised that he is in opposition to this application because it would be a precedent setter with major disruptions to the rural agricultural area. He also made comments pertaining to sections 4.4, 8.18 and pages 9 and 10 of Report PD-12-98. Dan and Rhonda Hooper, circulated a copy of their presentation and expressed opposition on the grounds that the property is presently zoned Agricultural and Environmental Protection and approval of this application would create a negative precedent. The Hoopers moved to the country to enjoy the quiet rural lifestyle and this is another reason why they oppose this application. Evylin Stroud, -spoke in opposition to this application and questioned why the applicant should be allowed to change the recently approved Official Plan. She does not like the message that approval of this application would convey to other developers because the municipality has much more serviced commercial land to offer. Bill Woods, 1 -circulated a copy of his presentation wherein he expressed opposition for the proposal for the following reasons: I � • in his view, it is a "callus assault on our natural environment"; • Wilmot Creek and its small tributary which feeds the on site pond are not properly positioned on the map; • Wilmot Creek is a "jewel that should not be tarnished" - the countless cold water springs which lead into the creek will be contaminated by nitrates, chloride and various chemicals and dyes?; • wildlife, vegetation and fish habitat will be negatively affected; • an Environmental Impact Study should be conducted; and • water consumption and septic systems will negatively affect the environment. i He suggested that Mr. Lishman locate his business in an industrial area and requested that members of the Committee deny this application. Linda Gasser, - circulated a copy of her presentation wherein she expressed opposition to the proposal because the lands are located within 50 metres of the edge of a table land wood lot and of the top of bank of the valley of a cold water or warm water stream. She cited Section 4.3.8 of the Clarington Official Plan which states that ..."an environmental impact study$hall be undertaken for development applications located within or adjacent to any natural feature...". She requested clarification pertaining to exact setback distances of the building, septic beds, parking lots and access roads from the tributary, the pond, the table land wood lot and all environmentally protect areas as show on map C4. She also referred to sections 3 and 4 of the Phase 1 Environmental Site Assessment Reports. She expressed concerns pertaining to water consumption by the employees of the Lishmans and relating septic system. She also requested clarification to the dyes being used on the furs. i i G.P.& A. Minutes - 6 - February 2, 1998 I PUBLIC MEETINGS CONT'D She requested that, in the absence of an Environmental Impact Study, the Municipality and the Region of Durham commission Peer Reviews of the Phase 1 Environmental Site Assessment as well as the Hydro Geological Site Assessment and the follow up work done on January 20,-1998. Linda Gasser appeared on behalf of Kerry Meydam, and read the contents of Ms. Meydam's presentation for the record. A copy of the presentation was dated February 2, 1998, and circulated to members of the Committee. Ms. Meydam expressed concerns pertaining to Sections 4.3, 4.4, 8.6, and 8.7 of Report PD-12-98. She concluded by stating that "there is more than enough vacant industrial land within Clarington." Resolution #GPA-68-98 Moved by Mayor Hamre, seconded by Councillor Schell I THAT the Committee recess for lunch for one hour. "CARRIED" The meeting reconvened at 1:25 p.m. Rowen Kuijpers, advised that he is located immediately adjacent to the site and that approximately one acre has direct frontage onto this site. He expressed the following concerns: • employees, service people and delivery people will generate too much traffic and create loss of his privacy; and • approval of this application would decrease the marketability of his home. He requested that he be involved during the course of the site plan process if the application is approved. Fran Woods, expressed concerns pertaining to airplanes flying above her property. Kevin McCarthy, i - expressed opposition for the proposal because animals are killed for fur and he would like to see wildlife being preserved. He questioned who would pay for the improvements to Taunton Road if this application is approved. Frank Harris, - - - noted that the Region of Durham overlooked the Oak Ridges Moraine during their review of their proposal. He suggested that a Hydro Geological Study be conducted and that the application be required to establish a rehabilitation trust fund. Bill Woods, - read the contents of presentation prepared by Mrs. Woods pertaining to ultralight aircraft and related negative impacts. i i I G.P.& A. Minutes - 7- February 2, 1998 i PUBLIC MEETINGS CONT'D Wolfgang Arnold, Trillium Lake Farm, - circulated a copy of his presentation wherein he expressed support for the application stating that the use of pesticides, fertilizers and the spreading of liquid manure by farmers creates enormous pollution with its runoff in rivers and streams. He noted that, in Europe, suitable industries are settled all over the country side to avoid unnecessary traffic by the workers and to give the cash strapped farmers the chance to work there full time or part time or take work home. He stated that "if a suitable factory is located on a farm it will use up only a small parcel of land while the rest could be left more natural than most farm operations with fences and agricultural machinery...". Murray Taylor, owner of Rolph Hardware Store- expressed support for Mr. Lishman's application on the basis that Orono has experienced a loss of businesses and related jobs in the past and the area needs the establishment of this new business. He requested members of the Committee to rely on factual information rather than opinions during their consideration of this application. Christine Ryan, circulated a copy of her presentation dated February 2, 1998, wherein she expressed support for the proposal because she has full confidence that the applicant's consultant has complied with all necessary studies, applications, guidelines and safeguards. She stated that the establishment of this business will be an economic stimulus of construction jobs and on going jobs at no cost to the municipality and at no risk to the residents in the adjacent areas. Kelly Adams, expressed support for the application on the basis that the property in question is a "piece of junk" land. Although he is very concerned about Wilmot Creek and the environment, he is satisfied that the Lishmans will develop this site in an environmentally friendly manner. Wesley Hill, -circulated a copy of his presentation wherein he expressed support for the proposal for the following reasons: • it is a clean industry without pollutants; • the building would blend in with surrounding areas; • the land in question was a former gravel pit and has a very thin layer of top soil which could not sustain agriculture profitably; • the municipality desperately needs to locate new industry to our area; and • the Lishmans' products are sold world wide and this would be a show case for Clarington. Rita Trolley, ; is a resident of the area and an employee of the Lishman's. She advised that she would never support any industry which would be detrimental to the environment and the municipality. She stated that this is not agricultural land and that it is so bad that she would not even leave her two horses on the property because they would starve to death. She concluded by stating that she cares about the land and the environment and what happens here and expressed support for the application. Kevin Tunney appeared along with Steve Usher, Gartiner Lee, Bill Lishman and Donna Ward, employee of the Lishman,'s- advised that the agricultural study which covered the subject property and beyond indicated that this property has very little capability for agriculture. He will make the study available to members of Committee if they so request it. i G.P.& A. Minutes - 8 - February 2, 1998 PUBLIC MEETING CONT'D Steve Usher, Gartiner Lee, addressed the environmental aspects of the proposal and stated that the environmental study is a scientific document which confirms .that these lands can accommodate this proposal environmentally. He addressed the concerns expressed pertaining to: 0 the septic system - the Durham Health Department adheres to the standards of the Province of Ontario and water levels will be measured in the spring; • wash water- these are regular washing machines and have one cycle only; • the dye for the furs- the amount used will not negatively impact the surface waters; • landfill gas- no gas appears on the monitors; • the fill contained in the land fill -there has been no waste found in the land fill; and � • incorrect mapping- Ontario Based mapping has been used and it is correct. He stated that Mr. Lishman's development of the site will lead to the rehabilitation of a gravel pit. Mr. Lishman advised that he is willing to upgrade Taunton Road if this is required by the Region of Durham and that he is willing to sign an agreement stating that he will restore the water supplies if these are contaminated due to the operation of his business. Mr. Lishman confirmed that he will not manufacture ultralight aircraft on this site and that he is not looking at any other location in the Municipality of Clarington to relocate his business. i, Resolution #GPA-69-98 Moved by Mayor Hamre, seconded by Councillor Schell THAT the Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 3:10 p.m. Councillor Rowe made a declaration of interest with respect to Report PD-11-98; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe stated that her husband is a business partner of the applicant. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Application Resolution #GPA-70-98 Clinic Building (1979) Ltd. Moved by Councillor Mutton, seconded by Councillor Young D14.DEV.97.097 THAT Report PD-11-98 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63, as amended, submitted by Barry-Bryan Associates Limited on behalf of Clinic Buildings (1979) Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and G.P.& A. Minutes - 9 - February 2, 1998 i PLANNING AND DEVELOPMENT DEPARTMENT CONT'D I THAT the interested parties listed Report PD-11-98 and any delegation be advised of Council's decision. "CARRIED" " I Official Plan Resolution #GPA-71-98 Amendment & Zoning By-law Moved by Councillor Schell, seconded by Councillor Rowe Amendment Lishman Intern. THAT Report PD-12-98 be received; Ltd. D14.DEV.97.058 THAT the applications to amend the Clarington Official Plan and Comprehensive Zoning By-law 84-63, as amended, submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited, be referred back to staff for further processing and the preparation of a subsequent report; and THAT the applicant and all persons who spoke and registered at the Public Meeting be advised of Council's decision. "CARRIED" Rezoning Application Resolution #GPA-72-98 Sam Cureatz on Behalf of Walter Moved by Councillor Mutton, seconded by Councillor Rowe John Hale D14.DEV.97.056 THAT Report PD-13-98 be received; THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Walter John Hale be approved; THAT the amending by-law attached to Report Pd-13-98 be forwarded to Council for approval; THAT a copy of Report PD-13-98 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-13-98 and any delegation be advised of Council's decision. "CARRIED" Rezoning Application Resolution #GPA-73-98 Quarry Lakes Golf and Recreation Moved by Councillor Mutton, seconded by Councillor Young Centre D14.DEV.97.059 THAT-Report PD-14-98 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Quarry Lakes Golf and Recreation Centre Inc. on behalf of 667433 Ontario Ltd. to permit the establishment of a Golf Driving Range, Mini-Putt, and maintenance office/club house be approved; THAT the amending By-law attached to Report PD-14-98 be forwarded to Council for approval; G.P.& A. Minutes - 10 - February 2, 1998 I PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT a copy of Report PD-14-98 and the amending By-law be forwarded to the Region of Durham Planning Department; THAT the "H" - Holding symbol in the amending-by-law not be removed until such time the applicant has entered into a site plan agreement with the Municipality; and THAT the Durham Region Planning Department, all interested parties listed in Report PD-14-98 and any delegation be advised of Council's decision. j "CARRIED" 290572 Ontario Resolution #GPA-74-98 Ltd, Lincoln- ! Green Subdivision Moved by Councillor Schell, seconded by Councillor Mutton Certificate of Release THAT Report PD-15-98 be received; THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and 290572 Ontario Limited, the Municipality has no objections to the issuance of the "Certificate of Release"; THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality of Clarington, the "Certificate of Release"; and i THAT 290572 Ontario Limited be informed of Council's decision. i Hancock Resolution #GPA-75-98 "CARRIED" Neighbourhood Design Plan Moved by Councillor Young, seconded by Mayor Hamre THAT Report PD-16-98 be received for information. "CARRIED" I i Decisions of Resolution #GPA-76-98 Committee of Adjustment Moved by Councillor Mutton, seconded by Councillor Schell January 22, 1998 THAT Report PD-17-98 be received; THAT Council concur with the decisions of the Committee of Adjustment made on January 22, 1998, for applications A98/002 and A98/003; and j THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/002 and A98/003 in the event of an appeal. "CARRIED" I Mayor Hamre chaired this portion of the meeting. j I' I I G.P.& A. Minutes - 11 - February 2, 1998 CLERK'S DEPARTMENT Heritage Resolution #GPA- 77-98 Designation 59 Mill Street North Moved by Councillor Mutton, seconded by Councillor Young _ - I THAT Report CD-9-98 be received; THAT the appropriate by-law be forwarded to Council upon receipt of all required documentation; and THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18 and detailed within Report CD-9-98. "CARRIED" Mark Stewart Resolution #GPA-78-98 Animal Licensing Service Inc. Moved by Councillor Novak, seconded by Councillor Rowe Agreement THAT Report CD-10-98 be received; i THAT Animal Licensing Service Inc., be given the exclusive rights to sell door to door licenses in the Municipality of Clarington for the year 1998 commencing on March 1, 1998 until October 30, 1998 and subject to review by Council at the end of the year; THAT the agreement be executed by the Mayor and Town Clerk and the authorizing By-law be forwarded to Council for approval; and THAT Mark Stewart, Animal Licensing Service Inc., be advised of Council's decision. "CARRIED" Confidential Resolution #GPA-79-98 Report CD-11-98 Moved by Councillor Schell, seconded by Councillor Mutton i THAT Confidential Report CD-11-98 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Councillor Mutton chaired this portion of the meeting. I i I G.P.& A. Minutes - 12 - February 2, 1998 TREASURY DEPARTMENT 1998 Interim Resolution #GPA-80-98 Tax Levy - By-law Amendment Moved by Councillor Schell, seconded by Councillor Rowe _ C1 41E THAT Report TR-4-98 be received for information; and THAT the amendment to the Corporation of the Municipality By-law No. 98-17 be approved, FORTHWITH. "CARRIED" Councillor Schell chaired this portion of the meeting. I FIRE DEPARTMENT Monthly Fire Resolution #GPA-81-98 Report December 1998 Moved by Councillor Novak, seconded by Councillor Young C11.FD THAT Report FD-2-98 be received for information. I "CARRIED" COMMUNITY SERVICES DEPARTMENT i No reports were considered under this section of the agenda. i Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT I Speeding Resolution #GPA-82-98 on Robert Adams Drive, Courtice Moved by Councillor Rowe, seconded by Councillor Novak T08.TR I THAT Report WD-12-98 be received; THAT Inspector Ross Smith of Durham Regional Police, 16 Division, Bowmanville, be advised of the residents' speeding concerns on the northern section of Robert Adams Drive, Courtice; THAT Mr J.W. Shore, via copy;of Report WD-12-98, be advised of the Neighbourhood Speed Watch/Road Watch Program being developed with the use of a Radar Message Board; and THAT Mr J.W. Shore be requested to contact Ron Baker, Traffic Co-ordinator, Public Works Department, if he and/or another resident is interested in participating in a Neighbourhood Speed Watch/Road Watch Program in his area of concern. i "CARRIED" G.P.& A. Minutes - 13 - February 2, 1998 PUBLIC WORKS DEPARTMENT CONT'D i Old Scugog Road/ Resolution #GPA-83-98 Gaud Gate Road Closure/ M_oved by Councillor Schell, seconded by Councillor Novak Reconstruction T09.GE THAT Report WD-11-98 be received; THAT the developer's application for closure and conveyance be withdrawn; THAT the proposed intersection reconstruction at Old Scugog Road and Regional Road 57, as modified by the Region, be deemed as satisfactory to meet the conditions of Draft Plan Approval as set out in Conditions 17, 18 and 19 in Report PD-283-89, submitted on November 6, 1989; I THAT Mr. Bob Annaert and Mr. Bas VanAndel be advised of Council's decision; and THAT the residents of Old Scugog Road and Gaud Gate be advised of Council's decision. "CARRIED" Mayor Hamre chaired this portion of the meeting. ADMINISTRATION There were no reports considered under this section of the agenda. UNFINISHED BUSINESS Delegation of Resolution #GPA-84-98 Kelly Meydam Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Kelly Meydam presented by Linda Gasser be acknowledged. i "CARRIED" OTHER BUSINESS Proclamation Resolution #GPA-85-98 of Heart and Stroke Month Moved by Councillor Mutton, seconded by Councillor Novak THAT the correspondence dated January 7, 1998, from Jodi Steffler, Person to Person Coordinator, Heart and Stoke Foundation of Ontario regarding Heart and Stroke Month, be received; I i i G.P.& A. Minutes - 14 - February 2, 1998 OTHER BUSINESS CONT'D THAT the month of February 1998 be proclaimed "Heart and Stroke Month" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted for the Heart and Stroke Foundation to fly their flag at the Town Square during Heart and Stroke month; and THAT Jodi Steffler be advised of Council's decision, FORTHWITH. "CARRIED" I Durham Regional Resolution #GPA-86-98 Police Curfew Moved by Councillor Young, seconded by Councillor Mutton THAT the Clerk's Department contact the Durham Regional Police Department for their input on the possibility of passing a by-law imposing a curfew in the Municipality of Clarington; THAT, pending the Durham Regional Police's approval of such a by-law, the Committee to Assist Youth and all three local B.I.A.'s be contacted as well as other municipalities that have put into force curfews in the past, for their input into such a by-law; and i THAT a report be forwarded to the General Purpose and Administrative Committee. i"CARRIED" Confidential Resolution #GPA-87-98 Report CD-11-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting be "closed" for consideration of Confidential Report CD-11-98 pertaining to a legal matter. "CARRIED" Closed Meeting Resolution #GPA-88-98 Moved by Councillor Mutton, seconded by Councillor Schell THAT the actions taken at the "closed" meeting be confirmed. "CARRIED" . I i i G.P.& A. Minutes - 15 - February 2, 1998 ADJOURNMENT Resolution #GPA-89-98 i Moved by Councillor Young, seconded by Councillor Schell o THAT the meeting adjourn at 3:35 p.m. "CARRIED" I I MAYOR i I DEPUTY CLERK i I i i i i REPORT #2 THE CORPORATION F THE MUNICIPALITY OF CLARINGTON REPORT i i Meeting: COUNCIL Fite # Date: February 9, 1998 Res. # Report #: CD-12-98 File #: By-law # Subject: AMENDMENT TO BY-LAW 94-30, THE MUNICIPALITY OF CLARINGTON'S LOTTERY LICENSING BY-LAW Recommendations: i It is respectfully recommended to Council: 1. THAT Report CD-12-98 be received; and 2. THAT the by-law attached to Report CD-12-98 as Attachment No. 1 be forwarded to Council for approval. i i BACKGROUND AND COMMENT: ! At the Council meeting held on January 26, 1998, the Clerk was directed to prepare an amendment to the lottery licensing by-law to allow for the approval of lottery licences only to eligible organizations which have a home base in the municipality. In preparation of this report, several municipalities were contacted to determine whether they limit their licences to home-based organizations. The findings were as follows: . i i� i . I i I i Report CD-12-98 - 2 - February 9, 1998 DO YOU LIMIT LOTTERY LICENCES TO HOME-BASED MUNICIPALITY ORGANIZATIONS? Oshawa Yes Whitby Yes Ajax No Pickering No, provided the organization benefits their community Scugog No Uxbridge Yes Brock No Port Hope Yes Cobourg Yes The by-law amendment which will allow Clarington to issue licences to only home-based organizations is attached hereto as Attachment No. 1. The "break-open" ticket prices and prize structure has recently been amended by the Province. The maximum prize which can now be awarded is $500, an increase from $100. Ticket prices have been amended from $.50 to a maximum of $1 .00. Accordingly, it is now necessary for our lottery licensing by-law to be amended to reflect this change. This amendment has also been incorporated into the by-law attached as Attachment No. 1 . i It is therefore recommended that-the attached by-law be approved by Council. I Respectfully submitted Reviewed by Patti arri , A.M.C.T. W.H. Stockwell Chief Administrative Officer PLB i Enc I I Attachment No. 1 to Report CD-12-98 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i BY-LAW 98-28 , i being a boy-law to amend By-law No. 94-30, a by-law to - provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket (Nevada) lotteries, lottery schemes at bazaars and raffle lotteries WHEREAS the Council of the Municipality of Clarington approved the recommendations contained in Report CD-12-98 at its meeting held on February 9, 1998; NOW THEREFORE BE IT ENACTED that By-law No. 94-30 is hereby amended as follows: I 1. THAT the figures $100.00 and $ .50 in Section 1.(1)(b) are deleted and replaced with the figures $500.00 and $1.00, respectively; 2. THAT Section 2.(a) be amended by adding the words: "which has a home base in the Municipality of Clarington" following the words: "charitable or religious organization".- i BY-LAW read a first and second time this 9th day of February 1998. BY-LAW read a third time and finally passed this 9th day of February 1998. I i I i I I I ( Mayor i I i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-28 being a by-law to amend By-law No. 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket (Nevada) lotteries, lottery schemes at bazaars and raffle lotteries WHEREAS the Council of the Municipality of Clarington approved the recommendations contained in Report CD-12-98 at its meeting held on February 9, 1998; NOW THEREFORE B'E: IT ENACTED that By-law No. 94-30 is hereby amended as follows: 1. THAT the figures $100.00 and $ .50 in Section 1.(1)(b) are deleted and replaced with the figures $500.00 and $1.00, respectively; 2. THAT Section 2.(a) be amended by adding the words: "which has a home base in the Municipality of Clarington" following the words: i "charitable or religious organization". BY-LAW read a first and second time this 9th day of February 1998. BY-LAW read a third time and finally passed this 9th day of February 1998. Mayor I Clerk I i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-29 i being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement DEV 97-056. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "17 to By-law 84-63 as amended,is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)" to 'Residential Hamlet (RH)" as illustrated on the attached Schedule "A" hereto 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. i BY-LAW read a first time this 9th day of February 1998. BY-LAW read a second time this 9th day of February 1998. BY-LAW read a third time and finally passed this 9th day of February 1998. i MAYOR I CLERK I� i i i I — 29 This is Schedule "A" to By—law 98 , passed this 9TH day of FEBRUARY 1998 A.D. LOT 10 , CONCESSION 2 205.35 ---I 41.07 41.07 41.07 41.07 41.0 • i Q 0 O � o o 0 0 W 40.99 40.99 40.99 40.99 40.99 i-'-- 204.95 -�--I HILL STREET ® ZONING CHANGE FROM "A- 1 " TO " RH" 0 25 50m 25m 10 0 I Mayor Clerk i LOT 11 LOT 10 LOT 9 --- 18 i 00 N r- O O O a` ar N -, U O O � U I I N 1 2 � v NEWTONVILLE �� 0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-30 being a By-law to amend By-law 84-63, the Comprehensive Zoning by-law of the former Corporation of the Town of Newcastle. I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Corporation of the Town of Newcastle to permit the development of a driving range, mini-putt and maintenance office/clubhouse (DEV 97-059). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS-AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception 6.4.58 as follows: "16.4.58 AGRICULTURAL EXCEPTION (A-58) ZONE: Notwithstanding the provisions of Section 6.1,6.2 and 6.3,those lands zoned (A-58) on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Permitted Uses i) a golf driving range facility; ii) a maintenance office/clubhouse b) Regulations - Miniature Golf i) front yard (minimum) 3 metres c) Regulations - Buildings i) front yard (minimum) 35 metres For the purpose of this section,Golf Driving Range is defined as a facility for the purpose of developing golfing techniques, including miniature golf, but excluding golf courses. 2. Schedule"1"to By-law 84-63,as amended, is hereby further amended by changing the zone designation from"Extractive Industrial(M3)"to"Holding-Agricultural Exception((H) A-58)" as illustrated on the attached Schedule"A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. i BY-LAW read a first time this 9TH day of February 1998 BY-LAW read a second time this 9TH day of February 1998. BY-LAW read a third time and finally passed this 9TH day of February 1998. MAYOR CLERK i This is Schedule "A" to By—law 98— 30 , passed this 9TH day of FEBRUARY , 1998 A.D. I i LOT 14 LOT 13 N73.51'00"E 795.757 M 76.483 n � N r o.; .. : :: :: : : : :•:�.�':45 W720 E• . o rM N: . ° � • a,o :.: . •N71'20'E c! 82.00 Z' Z Q ...: O O O N70'36,00 NE 402.763 Lr- (of) M V O 00 W :: CU)0 _3 W Z p N M `'Z 0 Z � f• O U' o �G W °.-° o Z M a0 60 o:. :.:283.00:::. :::::: :•:.:::::: in Z .................................. 84.734 308.336 N '28'40"E N71'01'00"E ® ZONING CHANGE FROM M3 TO (H)A-58 ZONING TO REMAIN "M3" r 0 50 100 200m 100m 50 0 Mayor Clerk LOT 15 LOT 14 LOT 13 LOT 12 CONCES ION RD. 4 i i 0 0 V) J ' V) W U Z O V a a N t DARLINGTON RO CO N CESSION R .'_J_ —r i i i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-31 being a By-law to authorize the Release of an Agreement with 290572 Ontario Limited and the Corporation of the former Town of Newcastle,now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1742. i The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington,and seal with the Corporation's seal, i an Agreement between 290572 Ontario Limited and the said Corporation. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 9TH day of February 1998. i BY-LAW read a second time this 9TH day of February 1998. BY-LAW read a third time and finally passed this 9TH day of February 1998. I MAYOR CLERK RELEASE THIS INDENTURE made (in triplicate) this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Corporation" OF THE FIRST PART - and - 290572 ONTARIO LIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle(No. 10)on the 8th day of October 1993,as Instrument No.LT656314 which Subdivision Agreement affects the lands more particularly described in Schedule "A" attached hereto; AND WHEREAS the Owner has satisfied all the terms and conditions contained in the said Subdivision Agreement'with respect to the property described in Schedule "A'; AND WHEREAS the Corporation has agreement to release the Owner from the above referred to Subdivision Agreement as same affects the lands described in Schedule "A" attached hereto; i NOW THEREFORE in consideration of the sum of TWO i ($2.00) dollars now paid by the Owner to the Corporation,the receipt of which is hereby acknowledged the Corporation does hereby release and forever discharge the Owner, their successors and assigns, all of the property described in Schedule "A" attached hereto from the burden of the hereinbefore recited Subdivision Agreement as set out in Instrument No. LT656314, with the exception of the Owner's responsibility for drainage as provided therein and the i Owner's acceptance of the conditions for applying for building permits as provided therein. i IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal duly attested to by the signatures of its proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I MAYOR CLERK 1 i DESCRIPTION SCHEDULE"A" i ALL AND SINGULAR that certain parcel or tract of land and premises situate,lying and j being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario, and being composed of Parcels I I Plan 40M-1742 i i i i i I I i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-32 being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Animal Licensing Service Inc. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of Y Y the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, an Agreement with Animal Licensing Service Inc. for the sale of dog licenses "door to door" in the Municipality of Clarington from March 1, 1998 to October 30, 1998. 2. THAT this Agreement attached hereto as Schedule "A" form part of this By-law. �I By-law read a first and second time this 9th day of February, 1998 By-law read a third time and finally passed this 9th day of February, 1998. i i J MAYOR j i CLERK I 1 I I Schedule "A" to By-law #98- 32 1 This Agreement signed in Triplicate on the 9 th day of February 1998 B E T W E E N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON "the Municipality" and - Animal Licensing Services Inc. "contractor" AGREEMENT The Contractor has provided a proposal' to the Municipality to sell Dog Licences to the residents of Clarington on a contracted "door to door" basis and this Agreement is being entered into to clarify the terms and conditions on which services will be rendered. The Municipality and the Contractor both acknowledge that they have each received adequate consideration to enter this I contract. Table of Contents Article 1.00 Scope of Services 1 Article 2.00 Term and Renewal 2 Article 3.00 Rent/Remuneration 3 Article 4.00 Rights and Obligations of the Municipality 4 Article 5.00 Rights and Obligations of the Contractor 5 Article 6.00 Covenants, Representations and Warranties of the Contractor 6 Article 7.00 General 7 � Article 8.00 Termination 8 Article 9.00 Definitions 9 1.00 Scope of Services 1.01 Licence Sales: The Contractor shall provide the service of selling dog licences to the residents of the Municipality of Clarington, door to door. This operation will be carried out between the hours of 9:00 a.m. and 8:00 p.m. , from, Monday to Saturday, (excepting statutory holidays) for the term of this contract. i 1.02 other Services: The Contractor shall communicate to the residents of Clarington the*reasons and benefits for dog licensing. This will include the distribution of brochures and other literature regarding the licensing of dogs in Clarington, as provided by the Municipality. i 2 2.00 Term and Renewal 2.01 Term: This contract will have a fixed term of March 1, 1998 to October 30, 1998 . This service is being contracted on a trial basis for that period. The effectiveness of the program will be evaluated at that time and a decision made with respect to future III requirements and procedures. 2.02 Renewal: This contract has no right of renewal. 3.00 Rent/Remuneration 3.01 Remittance: The Contractor shall make weekly deposits in the full amount of all proceeds of all licence sales to an account to be opened by the Municipality for this purpose at the Toronto Dominion Bank in Bowmanville. Cash, cheques made payable to the Municipality of Clarington, or credit card payments (Visa, Mastercard) will be acceptable for payment of licences. 3.02 Remuneration: Remuneration in the amount of $3.00 for the sale of each licence for an altered animal and $5.00 for the sale of each licence for an unaltered animal shall be paid to the Contractor on a weekly basis. Registration forms and invoices to support the licences sold must be submitted to the Municipality by 9:00 a.m. , the Monday following the completed work week. A cheque j will be issued on the following Friday, provided the remuneration exceeds $50.00. Where this minimum requirement is not met, then payment shall be deferred to a following Friday when the $50.00 has been achieved. Where a cheque received by the Contractor proves to be N.S.F. , such cheque shall be handled by the Municipality in the manner normally prescribed under Municipality procedures for the handling of such cheques under other circumstances. Payments to the Contractor shall be withheld. i 3.03 Data: Data collected with respect to door-'to-door sale of licences shall be delivered to the Animal Shelter by 12:00 noon on the Monday following the collection of the data. 3.04 Books and Records: The Contractor agrees to keep such books and records of the operation of the licence sales as the Municipality may require,' and allow the Municipality access at all times to inspect these books and records. The Contractor agrees to I, employ an Auditor licensed under the Public Accountancy Act, R.S.O. 1990, c.P.37, s. 14 (as amended from time to time) , whose identity. is acceptable to the Municipality. i 3 3.05 Dispute: In the event that a dispute arises between the Contractor and the Municipality as to the amount of money payable to either party pursuant to this Agreement, the decision shall be referred to the Town Clerk (or such other person as she may designate) , and the decision of the Town Clerk (or designate) as to the amount of the payment shall be final. 4.00 Ri_chts and Obligations of the Municipality of Clarington I 4.01 Exclusivity: The Municipality covenants that it shall not retain any other door-to-door sales persona for animal licences during the currency of this Agreement. 4.02 No Guarantee: The Contractor acknowledges that the Municipality has made no representations, warranties or estimates regarding expected sales of licences to the residents of Clarington. The Municipality has made no predictions or estimates whatsoever regarding profits or sales. 4.03 Confidential Records: The Municipality will provide to the Contractor, a list of individuals who have already purchased their 1997 animal licences and will provide him with an update of individuals purchasing licences throughout the year by non door-to- door sales. Such information is considered to be of a confidential nature. I 4.04 Reference Materials: All reference materials required to educate the residents of Clarington with respect to the animal licensing program shall be provided to the Contractor by the Municipality. 4.05 Training: The Municipality will provide appropriate training to the Contractor and/or his agents regarding the benefits of animal licensing, prior to the commencement of the Agreement. 4.06 Waiver: The failure of the Municipality to insist, in one or more instances, upon the performance of the Contractor or his agents of any of the terms and/or conditions of this Agreement shall not be construed as a waiver of the future performance of any such term and/or condition and the obligations of the Contractor e shall continue in full force and effect. ' I 4.07 Advertising: The Municipality shall have the right to place advertising in the appropriate media (local newspaper or radio) from time to time introducing and promoting the animal licensing program and its benefits. i i i I 4 5.00 Rights and Obligations of the Contractor i 5.01 No Assignment: The Contractor acknowledges that the i background and experience of its principal officer, Mark Stewart, as well as the proposal submitted to the Municipality under his name were key components in the Municipality's entering into this Agreement. The door-to-door sales are to be conducted only by the Contractor and any of his employees or agents that have received the prior approval of the Municipality. The Contractor agrees that it shall not transfer the business (as it operates) to another person or corporation, and acknowledges that he is not entitled to i assign all or any portion of this Agreement without the prior written consent of the Municipality. The Municipality may arbitrarily withhold consent to an assignment in its sole and absolute discretion. Nothing contained in this agreement prohibits the Contractor from performing similar services for other municipalities or companies. 5.02 Lawful Operation: The Contractor shall, at all times, hold and maintain in good standing any licences or permits required by Federal, Provincial or Municipal laws and regulations. i 5.03 Insurance: The Contractor shall obtain and maintain comprehensive liability insurance from a company satisfactory to the Municipality. This insurance shall: (a) have a limit of liability of not less than $2,000,000.00 (two million dollars) per I occurrence for property damage and bodily injury; (b) cover all operations and liability undertaken by the Contractor pursuant to this Agreement; (c) include both "owned" and "non-owned" vehicle coverage; (d) be endorsed to provide that the policy or Policies will not be altered, cancelled, or allowed to lapse during the currency of this Agreement (including any renewal) without thirty (30) days prior written notice to the Municipality; and (e) name the Municipality as additional insured. 5.04 Indemnification: The Contractor agrees that it will from time to time, and at all times, hereafter, well and truly save, keep harmless and fully indemnify the Municipality and its elected officials, employees and agents and its successors and assigns, from and against all actions, claims, and demands whatsoever which i 5 may be brought against or made upon the Municipality and against all loss, liability, judgements, claims, costs, demands or expenses which the Municipality sustain, suffer or be put to resulting from or arising out of the Contractor's failure to exercise reasonable care, skill or diligence in the performance or rendering of any work or oervice required hereunder to be performed or rendered by the Contractor, its agents, servants, employees or sub consultants or any of them. 5.05 Fidelity Bond: Inasmuch as this Agreement covers working on Municipal property and private property within Clarington without supervision, the Contractor must provide evidence that all personnel employed in, on, upon or about the premises of Clarington are covered by a Fidelity Bond of not less than $10,000.00 for each individual involved on Municipal property or private property within Clarington. 5.06 Workers' Compensation: The Contractor acknowledges that this Agreement is a "Contract for Service" and that it and its employees or agents are deemed to be independent Operators under the Operational Policy of the Workers' Compensation Act, R.S.O. 1990, Sections 1(1) (m) , and 11. In the event that the Contractor must register with the Workers Compensation Board as an employer, it shall furnish Workers Compensation Board Clearance Certificates to the Municipality at 45 day intervals or as required to confirm its good standing. The Workers Compensation Board letter of Independent Operator's status shall form a part of this agreement. 5.07 Equipment: The Contractor shall supply its own transportation during the currency - of this Agreement. The _. Contractor shall further supply any computer equipment and office materials required to collect and disseminate the data required by the Municipality. 5.08 Identification: The Municipality shall identification for each of the Contractor's a agents Provide p employees that is the official identification for vone representing the Municipality. This will be a photo identification card that will be presented when making a call at a private residence or Private property within the Municipality. 5.09 Confidentiality: The Contractor agrees that all information received from the Municipality and from the residents of the i Municipality of Clarington with respect to animal licensing within the Municipality of Clarington is confidential information and shall be treated accordingly. This confidentiality shall extend to its employees and/or agents. All written and computer material, I I i I i I I 6 information and records shall be returned to the Municipality upon termination of this Agreement. i 5.10 Advertising: There shall be no advertising carried out by the Contractor for this program. 6.00 Rules of Operation: The Contractor covenants to abide by all of the terms and conditions of this Agreement. 7.00 General 7.01 Notices: Any notice to be given under this Agreement must be in writing, signed by or on behalf of the art P y giving such notice and delivered by hand or mailed by prepaid first class mail in Canada and addressed as follows: if to the Municipality at: I Marie Knight, Deputy Clerk The Corporation of the Municipality of Clarington I 40 Temperance Street Bowmanville, Ontario L1C 3AG If to the Contractor, at: j Animal Licensing Services Inc. c/o Mr. Mark Stewart 111 Victoria Street East, Unit #1 Whitby, Ontario UN 8X1 or at such other address as any party hereto may have specified by notice in writing and given to the other party. Where notice is given by mail, it shall be deemed to have been received by the person to whom the same is addressed, on the fifth (5th) business day following the day upon which such notice, sent by prepaid first class mail, has been deposited in a post office in Canada. i 7.02 Freedom of Information: Pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, the Contractor acknowledges that this Agreement to be provided by the Contractor to the Municipality, are subject to the same Act. If the Contractor wishes to maintain confidence on any document submitted, it must stipulate at the time that the document is submitted, that it is' being submitted in confidence. The Municipality will not be responsible to the Contractor for the release of any information given without claim to confidentiality. 7 8.00 Termination 8:01 Termination by the Municipality: The Contractor agrees that upon breach by it (or by persons for whom it is lawfully responsible) of any of the express or implied terms and conditions of this Agreement, the Municipality may, in addition to any other remedy available at law, terminate this Agreement. Upon receipt by the Contractor of a notice of termination, this Agreement shall be considered terminated. 8:02 Return of Information: On the termination of this Agreement, the Contractor shall return within 24 hours and at its own expense all documentation, identification, forms and literature provided by Clarington for the purposes of carrying out the work of this contract. I I 8.03 Termination by the Contractor: In the event that the animal licensing program becomes unprofitable to the Contractor, it may, upon fourteen (14) days's notice in writing to Clarington, terminate this Agreement and discontinue the door-to-door sales of licences. i 9.00 Definitions: Soliciting "Door-to-Door" means soliciting each single dwelling unit on every urban and rural street within the Municipality of Clarington. A "Single Dwelling Unite is each private home (whether single or semi private) , each private apartment (whether within a private home or apartment building) , each townhouse,_ or each unit in a group dwelling. ' The Sale of a Licence is not completed unless and until the following has taken place: an explanation to the pet owner of the benefits of having a licence, the completion of all appropriate paperwork, the transfer of monies, the i delivery of the licence to the pet owner, and the delivery of the paperwork to the Clarington Animal Shelter as per Articles 3.•03 and 3.04. 8 Signed in Triplicate on the 9th day of February, 1998 I ANIMAL LICENSING SERVICE INC. Name: Title: I Name: Title: (I/We have the authority to bind the Corporation) The Corporation of the Municipality of Clarington I Mayor i Clerk i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-33 I I being a by-Law to amend By-law 98-17,to provide for implementation and collection of an interim tax levy for 1998 and to repeal By-laws#74-23 and#80-145. Recitals _ 1. Section 370 of the Act authorizes the Council to pass a by-law before ! the adoption of the estimates in the current year, providing that the Council may, before the adoption of the estimates for the year, levy on the whole of the assessment for real property according to the last revised assessment roll a sum that is subject to certain restrictions, as set out in the Act. 2. It is necessary for the operation of the municipality in 1998 and future years, to provide for an interim tax levy,as permitted by the Act. i NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the Municipality of Clarington by its Council,as follows: 1. Interpretation: The lettered subsections of this section provide the definitions and interpretation rules applicable to this by-law, including its recitals and schedules,where applicable. I j (a) The headings and numbering of sections and paragraphs in this by-law are for ease of reference, and have no bearing on interpretation iotherwise. (b) All references to Provincial legislation in this by-law refer to that legislation as amended from time to time, including successor legislation, whether enacted prior to, or subsequent to,the enactment of this by-law. I (c) This by-law references"business assessment". It is recognized that, due to changes in Provincial legislation,there will be no business assessment in 1998. References to the business assessment in this by- law are references to the 1997 assessment and refer to dollar amounts, recognizing that it is anticipated that these dollar amounts will be transferred to the real property assessment for 1998. i (d) The "Act"means to the Municipal Act, R.S.O. 1990, Chapter M.45. (e) The "Corporation"means The Corporation of the Municipality of Clarington. . ./2 i Page 2 of 4 (f) The "Council" means the elected council of the Corporation. (g) The"Municipality"means the Corporation of the Municipality of Clarington. 2. Levy for Municipality: In order to provide money for the general purposes of the Corporation prior to the adoption of the estimates for 1998 and future years,there shall be levied by the Corporation as an interim levy, sums equal to that which would be produced by applying the maximum rates set out in Sections 370 (1), or set by Regulation pursuant to Section 371, of the Act,to the whole of the assessment for the Municipality for real property assessment, according to the last revised roll of the Corporation. i The mill rate for Commercial and Industrial taxes will be set at 531.092. This is in accordance with the legislation. Taxes on Farmland, Managed Forest and Conservation Lands will be levied in accordance with incoming legislation. I 3. Where the prior year taxes were levied for partial year only: For the purposes of calculating the total taxes in any given year, if any taxes were levied for only part of the prior year because assessment was added to the assessment roll for less than a full year,an amount shall be added equal to the additional taxes that would have been levied if the taxes had been levied for the entire year. 4. Where property was non-rateable prior years: Taxes shall be levied j on a property that is rateable for local municipality purposes for 1998, and future years, even if the property was not rateable for local municipality purposes for any given year. I 5. Collection: Notwithstanding the provisions of any previous by-laws of the Corporation,which may have set the time for payment of rates, taxes and assessment,the taxes levied under this by-law shall be collected in two instalments. The first instalment shall be due on or i about the end of the first week in March, and the second instalment shall be due on or about the 4th week in April. Notwithstanding the foregoing, all arrears of rates,taxes and assessments levied and imposed in any year prior to the current year(plus penalties and interest thereon), must be paid before any instalment of the taxes for the current year is paid. Upon default in payment of any instalment,the privilege of payment by instalments shall be forfeited and the subsequent instalment or instalments shall immediately become payable. /3 Page 3 of 4 6. Penalties/Interest: Penalties and interest shall be added to and collected with rates,taxes and assessments at the rate established by the Corporation's By-law No. 83-38 and 83-39 respectively as amended from time to time. No such interest or percentage added to taxes shall be compounded. 7. Corresponding reduction: The total levies to be later defined in the Final Levy By-law in accordance with Section 155 of the Act with respect to real property, shall be reduced by the amount raised by the interim levy imposed in this by-law. I 8. Part Payment: The Treasurer and the Tax Collector may accept part payment from time to time on account of any rates and assessments and may give a receipt for that payment. Notwithstanding the foregoing, acceptance of any part payment shall not affect the collection of the percentage charge imposed and collectable under Section 6 of this by-law in respect of non-payment of any taxes or any instalment of taxes. 9. Payment methods: The rates,taxes and assessments imposed by this by-law shall be paid during the calendar year of at most Financial Institutions. All prior years taxes shall be paid into the office of the Treasurer. Realty taxpayers in good standing may enter into the optional Pre- Authorized Payment System for taxes as authorized under the authority of By-law 96-50, effective December 1, 1996 for the 1997 taxation year and subsequent years. Municipality of Clarington employees shall also have the right to enter into the Employee Payroll Deduction for tax payments as authorized under the same By-law 96-50, 10. Mailing of Notice: The Tax Collector may mail or cause to be mailed to the address of the residence or place of business of the person taxed, the notice in pursuance of Section 392 of the Act. I 11. Collection after return of Collector's Roll: In case the Tax Collector fails or omits to collect the taxes or any portion of the taxes on the day appointed for the.return of the Collector's roll,the Tax Collector is authorized to continue the levy and collection of the unpaid taxes, penalties and interest in the manner and with the powers provided by j law for the general levy and collection of taxes. i 12. Repeal: By-law 74-23 and By-law 80-145 are repealed and the repeal takes effect upon third reading of this by-law. /4 Page 4 of 4 13. Effect of By-law; This by-law shall remain in force until it is repealed. 14. Bylaw 98-17 is hereby amended. By-Law read a first and second time this 9th day of February 1998. By-Law read a third time and passed this 9th day of February 1998. MAYOR CLERK I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #98-34 being a by-law to designate the property known for municipal purposes as 62-66 King Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 WHEREAS the Ontario Heritage Act, R.S.O. 1990, C.0.18 authorizes the council of the municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and WHEREAS the Council of The Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes as 62-66 King Street, former Town of Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation on August 14, 1996; and WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and WHEREAS the Local Architectural Conservation Advisory Committee of the Municipality of Clarington has recommended that the property known for municipal purposes as 62-66 King Street, Bowmanville be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and WHEREAS no notice of objection to the proposed designation was served upon the Clerk within the period prescribed by the Ontario Heritage Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The property known for municipal purposes as 62-66 King Street, Bowmanville which is more particularly described in Schedule"B"which is attached to and forms part of this by-law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, C.0.18. i 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Clerk also is authorized to cause notice of the passing of this by-law to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation. By-law read a first and second time this 9th day of February 1998. By-law read a third time and finally passed this 9th day of February 1998. MAYOR CLERK SCHEDULE "A" TO BY-LAW#98-34 The Canadian Statesman building was constructed in 1856 for John Simpson who immigrated from Scotland in 1825. An enterprising businessman and politician, Simpson was president of the Port Harbour Co., a magistrate, a municipal councillor, and was appointed to the senate of Canada following Confederation. The building was built to house a branch of the Bank of Montreal, of which he was manager. It also contained the law offices of St. John Hutcheson and Samuel Bradshaw's shoe store. Free Fee is attributed to be the builder, with the brick considered to be from a brick works on Liberty Street and the limestone from the Baseline Road quarry. Around 187 the "Canadian Statesman" rented space in the building. The paper was owned by the Rev. John Climie, who had founded it in 1855 to promote his beliefs. moses James purchased the "Canadian Statesman" in 1878 and the structure from the Simpson estate in 1902. Mr. James' two sons joined him in 1919 and the paper is still being published by the James family today. The building is being designated for its historical significance and the following architectural features: � I Exterior • the original red brick facade • the limestone lintels, window sills and foundation • the blind arcades of the first storey • the roof line parapets i i i I i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW#98-35 being a by-law to designate the property known for municipal purposes as 5028 Main Street, Orono, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1980, Chapter 0.18 WHEREAS the Ontario Heritage Act, R.S.O. 1990, C.0,18 authorizes the council of the municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and WHEREAS the Council of The Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes as 5028 Main Street, Orono and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Orono Weekly Times and the Canadian Statesman, newspapers having general circulation in the area of the designation on August 14, 1996; and WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule"A"attached to and forming part of this by-law; and I WHEREAS the Local Architectural Conservation Advisory Committee of the Municipality of Clarington has recommended that the property known for municipal purposes as 5028 Main Street, Orono be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and WHEREAS no notice of objection to the proposed designation was served upon the Clerk within the period prescribed by the Ontario Heritage Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The property known for municipal purposes as 5028 Main Street, Orono which is more particularly described in Schedule"B"which is attached to and forms part of this by-law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, C.0.18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Clerk also is authorized to cause notice of the passing of this by-law to be published in the Orono Weekly Times and the Canadian Statesman, newspapers having general circulation in the area of the designation. By-law read a first and second time this 9th day of February 1998. By-law read a third time and finally.passed this 9th day of February 1998. MAYOR CLERK' I SCHEDULE "A" TO BY-LAW#98-35 Joseph Lyle Tucker, a native of Cornwall, England, came to Orono in 1844. A prosperous merchant, postmaster and member of Clarke Township Council, Tucker and his wife, the former Sabra Mallory, had this L-shaped residence constructed din 1876. The use of decorative buff brick quoins, voussoirs and coursing was very fashionable in the 1870s and today its wooden finials, pendants and gingerbread remain in good condition. The carriage house and wood plank shed are also well preserved and assumed to be constructed at the same time. All three structures are recommended for designation for their historical significance and the following architectural features: House Exterior: • the Flemish bond brick, buff brick quoins and coursing • the original sash windows with their voussoirs • the finials, pendants and original lacy gingerbread • the front entrance with its original door, transom, sidelights; and wooden trim House Interior: i I • the central pine and walnut staircase with its decorative scrolls • the living room wooden window well • the original cornicing and baseboards through-out • the pine plank floors • the plaster medallions of the living room and foyer • the kitchen wainscotting i Accessory Buildings: • the brick carriage house with its small paned sash windows • the wooden plank shed with its three small paned windows I i - � I I• THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #98-36 i being a by-law to amend By-law 98-9, being a by-law to appoint Members to the Bowmanville Museum Board WHEREAS the Council of the Municipality of Clarington deems it expedient to amend By-law 98-9; , NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT By-law 98-9 be amended as follows: I a) By deleting the name "Gladys Ashton'; and b) By replacing the appointment of Debbie Flieler- (Friend) of the Bowmanville Museum with the appointment of Gladys Ashton - (Friend) of the Bowmanville Museum. By-law read a first and second time this 9th day of February"1998. By-law read a third time and finally passed this 9th day of February 1998. MAYOR CLERK I 1 I I i