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HomeMy WebLinkAbout06/29/1998MUNICIPALITY OF n g tio�n DATE: JUNE 29, 1998 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURE OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on June 15, 1998. PRESENTATION 1. Linda Lalibertie, Ganaraska Region Conservation Authority — Authority Activities; and 2. Richard Ducharme, GO Transit. DELEGATIONS 1. Charles Packer, Vice-President, Ontario Hydro, Darlington Nuclear Generating Station — Introduction; 2. Representative of the Bowmanville B.I.A. — Report CD-31-98; 3. Walter Zutell, 114 Concession Street East, Unit 20, B owmanville, L I C 4Q7 — Handi Transit; and 4. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1 — Black Creek Marsh. COMMUNICATIONS Receive for Information Correspondence received from R.J. Clapp, Treasurer and Commissioner of Finance, Regional Municipality of Durham — Establishment of a Drop Box for Regional Water/Sanitary Sewer Bill Payments; CORPORATION OF THE MUNICIPALITY OF CLARINGTON I-- AKfrrP CTAFFT • BOWMANVILLE •ONTARIO • Ll C 3A6 - (905) 623-3379 -FAX 623 -4169 RECYCLED PAPER Council Agenda - 2 - June 29, 1998 COMMUNICATIONS I — 2 Minutes of meetings of the Newcastle Community Hall Board held on May 19 and June 1, 1998; 1-3 Member Communication received from the Association of Municipalities of Ontario entitled "Provincial Offences Act Amended: Bill 108 Passed "; 1-4 Correspondence received from Ken Keyes, Match Chairman and Randy Reid, VIP Co- ordinator, International Plowing Match '98 — Invitation; 1-5 Correspondence received from Rick Morrison, Library Board Chair, Clarington Public Library — Letter of Thanks; 1-6 Media Release received from Durham Regional Police Service entitled "Introduction of Road Watch in the Town of Whitby "; 1-7 News Release received from the Association of Municipal Clerks and Treasurers of Ontario — Amendments Made to Bill 16; 1-8 Correspondence received from M. Rostetter, Town of Port Hope — Low Level Radioactive Waste Environmental Problem; 1-9 News Release received from the Ministry of Municipal Affairs and Housing entitled "Province Assumes Responsibility for Special Needs Housing "; 1-10 Member Communication received from the Association of Municipalities of Ontario entitled "Amendments to Labour Relations Act Aim to Provide Flexibility for Municipalities "; 1— 11 News Release received from the Ministry of Finance entitled "Bill 16 Becomes Law — Small Business Jobs and Charities Protected "; 1-12 Minutes of a meeting of the Ganaraska Region Conservation Authority held on May 21,1998; 1-13 Correspondence received from Dale R. Clemens, Operations Technician, Regional Municipality of Durham — Watermain Leak Detection Survey; 1 -14 Correspondence received from the Ministry of Municipal Affairs and Housing — Tenant Protection Act, 1997; Council Agenda _ 3 _ June 29, 1998 COMMUNICATIONS I —15 News Release received from Atomic FDarlington oand Pickering Nuclear Publishes Latest Radiatio n Dose m Stations "; 1-16 Correspondence received from Paulette Vinette, President & CEO, Canadian Soft Drink Association —1997 Packaging Stewardship Annual Report; 1-17 Correspondence received from Sheila Keating - Nause, Policy and Resolutions, Federation of Canadian Municipalities — Call for Resolutions; 1-18 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham — Actual Value Assessment — Update Small Business and Charities Protection Act; I —19 Correspondence received from The Hon. Al Leach, Minister of Municipal Affairs and Housing — Proposed New Municipal Act; 1-20 Member Communication received from the Association of Municipalities of Ontario entitled "Patrick Moyle Named New Executive Director of AMO "; 1-21 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham — Application for a Provisional Certificate of Approval for a Waste Disposal Site Under Part V of the Environmental Protection Act by T.S. Environmental Services Ltd., Municipality of Clarington; 1-22 News Release received from the Ministry of Municipal Affairs and Housing entitled "Tenant Protection Act Takes Effect in Ontario "; 1-23 Correspondence received from Mary Lawson, President, Greater Toronto Home Builders' Association — Labour Disruptions; I — 24 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on June 2, 1998; 1-25 Correspondence received from The Hon. Al Leach, Minister of Municipal Affairs and Housing - Supportive Housing; 1-26 Correspondence received from the GTA Mayors & Regional Chairs Committee — GO Transit; I — 27 Member Communication received from the Association of Municipalities of Ontario entitled "Social Housing Update "; Council Agenda - 4 - June 29, 1998 COMMUNICATIONS I — 28 Correspondence received from The Honourable Isabel Bassett, Minister of Citizenship, Culture and Recreation — 2000 Ontario Winter or Summer Games; I — 29 Correspondence received from David H. Bradley, President, Ontario Trucking Association — The Lifeblood of Your Community; and 1-30 Correspondence received from Sharon Iles, Helping Hands Food Bank— Municipal Grant. Receive for Direction D — 1 Correspondence received from Rev. Dr. Mervyn Russell, Minister, United Church of Canada, Orono Pastoral Charge — Promotion of Gambling by Governments; D — 2 Correspondence received from Gerald H. Dafoe, Canadian Public Health Association — Requesting Proclamation of National Immunization Week; D — 3 Correspondence received from Dianne C. Smith, Cleric- Treasurer, Township of West Garafraxa — Assessed Value of Trailer Parks and Tourist Camps; D — 4 Correspondence received from Allyson Rader, Durham Campaign Co- ordinator, The Arthritis Society — Requesting a Flag Raising Ceremony; D — 5 Correspondence received from Gordon Gallant, Land Use Specialist, Ontario Federation of Anglers & Hunters — Lishman Proposal; D — 6 Correspondence received from Pam Callus, 3452 Courtice Road, Courtice, L1E 2L6 — Rural House Numbering; D — 7 Correspondence received from the GTA Mayors & Regional Chairs Committee — Proposed New Municipal Act; D — 8 Petition received from Rod Smith on behalf of residents of John Scott Court, Bowmanville — On Street Parking; D — 9 Correspondence received from the GTA Mayors & Regional Chairs Committee — New School Funding Report; Council Agenda - 5 - June 29, 1998 COMMUNICATIONS D —10 Correspondence received from Ilyas Patel, Area Co- ordinator and Thorold Bobier, Regional Chair, The Arthritis Society — Nevada Licence; D —11 Correspondence received from Frank C. Reid and A. Jean Reid, 2670 Courtice Road, Courtice, LlE 2M9 — Report PD- 79 -98; D —12 Correspondence received from Evylin Stroud, 89 Little Avenue, Bowmanville, L 1 C 1 J9 -Fire Prevention; and D —13 Correspondence received from individuals — Lishman Proposal. MOTION NOTICE OF MOTION 110aEel 1. General Purpose and Administration Committee Report of June 22, 1998; 2. Report TR -58 -98 — BIA Parking Proposal and Parking Lot Reserve Fund Activities; 3. Report TR -59 -98 — Tender CL98 -13 — Addition/Renovations — Newcastle Community Hall; and 4.. Confidential Verbal Report — Personnel Matter. UNFINISHED BUSINESS BY -LAWS 98 -98 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Clarington Place Limited & 800769 Ontario Limited) (Item #3 of Report #1); 98 -99 being a by -law to amend the Comprehensive Zoning By -law 84 -63, of the former Town of Newcastle (Clinic Buildings) (Item #4 of Report #1); 98 -100 being a by -law to amend By -law 96 -32, the Fee Schedule By -law for the Municipality of Clarington Planning Department (Item #5 of Report #1); Council Agenda - 6 - June 29, 1998 BY -LAWS 98 -101 being a by -law to amend By -law 97 -157, the Sign By -law for the Corporation of the Municipality of Clarington (Item #5 of Report #1); 98 -102 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the former Town of Newcastle (Robinson Ridge) (Item #6 of Report #1); 98 -103 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Ibanez) (Item #7 of Report #1); 98 -104 being a by -law to authorize the entering into an amending agreement with Elfriede Jost the owner of Plan of Subdivision 18T -86062 (40M -1882) and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -86062 (40M -1882) (Jost) (Item #8 of Report #1); 98 -105 being a by -law to designate a certain portion of Registered Plan 40M -1907 as not being subject to Part Lot Control (Green Martin Holdings) (Item #10 of Report #1); 98 -106 being a by -law to amend Comprehensive Zoning By -law 84 -63, of the former Corporation of the Town of Newcastle (290572 Ontario Limited) (Item #11 of Report #1); 98 -107 being a by -law to authorize the release of an agreement with 757001 Ontario Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M -1785 (757001 Ontario Limited) (Item #12 of Report #1); 98 -108 being a by -law to amend the Comprehensive Zoning By -law 84 -63, of the former Corporation of the Town of Newcastle (Quarry Lakes) (Item #14 of Report #1); 98 -109 being a by -law to amend By -law 91 -58, being a by -law to regulate traffic on highways, municipal and private property in the Municipality of Clarington (Item #32 of Report #1); 98 -110 being a by -law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By -law 96 -63 (Item #36 of Report #1); Council Agenda - 7 - June 29, 1998 BY -LAWS 98 -111 being a by -law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and the John Howard Society in respect of a lease for premises situated at 132 Church Street (Upper Level), Bowmanville (Item #37 of Report #1); 98 -112 being a by -law to authorize the execution of a leasing agreement between the Corporation of the Municipality of Clarington and the Oshawa Clarington Association for Community Living in respect of a lease for premises situated at 132 Church Street (Upper Level), Bowmanville (Item #37 of Report #1); 98 -113 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Approved by Council October 27, 1997); 98 -114 being a by -law to amend By -law 94 -180, being a by -law to prohibit and abate certain public nuisances (Item #18 of Report #1); and 98 -115 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Limited, Bowmanville, Ontario, for the Addition/Renovations to the Newcastle Community Hall (Item #3 of Report #1). OTHER BUSINESS (a) Regional Update (b) Committee/Boards Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT MUNICIPALITY OF CLARINGTON COUNCIL MEETING JUNE 29, 1998 - 7 : 00 P.M FILE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: MAYOR HAMRE AND MEMBERS OF COUNCIL From: PATTI L. BARRIE, A.M.C.T. , CLERK Date: ,77E 25, 1998 Subject: COUNCIL AGENDA - JUNE 29, 1998 Correspondence Item D-8 on your Council agenda for June 29 is a letter requesting that the municipality allow for parking in the centre of the turning circle on John Scott Crescent . The recommended disposition is that a copy of Report WD-31-97 be forwarded to the author, Mr. Smith. Attache or your information is a copy of that report. I Patti L. Barrie, Clerk i PLB Enc CC : W.H. Stockwell, Chief Administrative Officer Department Heads M. P. Knight, Deputy Clerk 66/Z3/98 ZZ;69;Z8 EST; ASSOCIRTIOH OF?-> 965 623 8038 CLERK-Clarington Hun Page 662 JUN-23-98 TUE 02; 17 PM AMO FAX NO. 4169716191 P. 01 COUNCIL INFORMATION 055 Pea JUN 16 198 1s:i3 l4 Intemational Plowing Match a 1'nrm Machin.ry ow KInoxton,ant2ria,Canada A4%i,. U9*mber 16-19,lase To All]Elected Officials Across Ontario; WO cordially fiWite you to attend the International Plowing Match,scheduled from September 15.19,located in Sunbury(near Kingston), Your presence is welcome throughout the event,but we would particularly enjoy your attendance and participation in the Community plowing competition for elected officials,_ which is scheduled for the 17"at fpm. A challonge has been issued for you to participate-in our VIP pj"* i competition which will pit yourself and your fivy0w$against your elected poem, Come on.out and help make the 1998 International Plowing Match&Farm Machinery Show, a great success. Your attendance and participation in the competition will be appreciated, A,map indicating the location is enclosed. If you have any questions please contact Randy Reid, the VIP Co-ordinator, at (613) 541-9726, Please RSVP by no lour than Sono 301 1998,to the VIP Co-ordinator,by fax to (613) 5448747. SM*ml , Sincerel Ken Keyes Randy,Reid Match Chairman VIP Co-ordffiaar i International Plowing Match'98 P.0, 13OX 20027, K7P 2T6 �OUNCIL INFORMATION I._5 clannglon=•= Public librar Y Telephone:(905)623-7322 Administration:(905)623-9742 Fax:(905)623-9905 UK R 62 Temperance Street,aowmanville <{ ,! UK 1`.1. 2 23 F B Ontario,Canada L1C3A8 June 1, 1998 YXIE awI 'tit) JUN 0 5 1998 Mayor Diane Hamre and Members of Council Municipality of Clarington 40 Temperance Street, WW WALITY-OF CLARINGTON Bowmanville,Ontario MAYOR'S Off" i i Madame Mayor: I „ I would like to take this opportunity to thank you for taking the time from your busy schedules for the meeting with members of the Library Board on May 11,1998. The Board enjoyed the opportunity to meet with you and to share with you some of our ideas and future plans. The positive comments which we received from you and Council were both gratifying and encouraging. We will gladly arrange another meeting with you again in the fall to discuss any new issues and to ensure that you are kept current on the Board's activities and goals. We look forward to working with you and with Council to ensure that the residents of Clarington continue to receive quality library service Your ncerely UTION I Rick Morrison, =i{ 6y Library Board Chair !)RICI NAL T =ROM 1DURHGM POLICE TO 1 SOS 623 5717 1998,06-09 17158 #640 P.01/01 - .... .. .... --ra ,iv .v1V 1 VL COUNCIL INFORMATION I-6 MEDIA RELEASE Tuesday,June 09, 199$ THE TOWN OF W1jrMy IN COOPERATION WITH THE DURIJAM REGIONAL POLICE SERVICE INTRODUCTION OF ROAD WATCH IN THE TOWN OF WHITBY "Orr numerous rlcf-VSions, residents of the Town o,f YYhithy have e*resved varrcernm about the artions of some drivers within their commrutityr These Concerns relate to&Mery operating their vehieles In ao agresslvc or unsufe manner, Residents usually expru,ss their conaw7m over The telephone to elected uffroialr and the police. They believe, acrd rightly,so, that the actions of these drivers tend In reduce tho quality o,f 1ife in their rreighbourhamiv acrd are cau aing fear and wixiety about road safety. Many citizen-v have asked, "FYhat cyan we do to he4)make our streets wafer?" In 1998,the W.J.N.S,Program(Whitby Involved in Neighbourhood Safety) was introduced in the Town of Whitby. It was initiated by Whitby residents in cooperation with the Town of Whitby,Durham Regional Police Serrlce-Whitby Community Police Office and Whitby O.P.P. W.I.N.S.is a community based safety initiative intended to improve road safety within Whitby through eduoution,awareness aW enforcement. By ensuring 411 motorists drive safely, everyone WINS. _ W.I.N.S. presently Consists of a number of programs namely: ♦ The community purchase of two laser speed detection devices; f The Parent Safety Patrol at elementary schools; ♦ The Radar Message Board for use by citizens; ♦ The Durham Region Car Safety Seat Committee;and * Radio safety nness$9e5 written and recorded by primary grade school students. On Thursday, June 1 I, 1998 the=xt component ofW.1,N,S. will be introduced in Whitby, It is the Road Watch Program. Road Watch is a new program that provides residents the opportunity to improve road safety within their community. It assists the police by identifying vehicles being operated dangerously or in an unsafe manner and identifies locations for speciai enforcement within the Town, Through the Completion of Citizen Report Forms, residents provide the necessary information to appropriately deal with these acts of unsafe driving. Secure drop box locations are conveniently located throughout the community for the Citizen Report Forms, Onee a report is filed at the Whitby Cammunity.Police Office, a letter is fbrwarded to the registered owner or lessee of the vehicle- Subsequently acts of urtsafc driving may result in per,,*nal contact by the police with charges being laid depending on the nature of the driving, Road Watch vrill make its introduction at a press Conference at 11:00 AM in the Whitby Council Chambers, Municipal wilding, 575 Rossiand Road gust,Whitby on Thursday,June 11, 199g. Guest speakers include the 110nourable Jim Flaherty,Minister of Labour and Acting Solicitor General and the Honourable Tony Clement, Minister of Transportation, )�ar more informetiol)concerning the press conference, please contact Peter LcBcl,Director of NV11 tby's Marketing and Economic Development Office(905)668-5803. For information about Road Watch„please call inspector Greg Reid at the Whitby C:omt»unity Police Offlee(405) 579-1520 extension 1844, i FROM :DURHRM POLICE TO SOS 623 S717 i99e.06-10 SSt02 #667 P.01/01 i DURHAM REGIONAL POLICE SERVICE 77-Centre Street North OSHAWA, Ontario UG 4B7 Tel..(905)5794'520 • Fax (905) 433-5053 -\ I M11MED[A-ADV`MSOR'1/ Date: 10 June 19.9.8 Time: 10:30 a,m, Released By. Det. Jim Griepsma Ext.: 4346 SUBJECT: FURTHER INFORMATION TO THE PRESS RELEASE FROM TUESDAY JUNE 9, 1998 REGARDING THE INTRODUCTION OF ROAD WATCH IN THE TOWN OF WHITBY Information has been received from the office of the Honourable Tony Clement that he will not be able to attend the announcement on Thursday -June 11tn (11= A.M.) at the `1Vehbt douncll Chambers Municipal Building, due to another matter, The Honourable Jim Flaherty - the Solicitor General and, Minister of Labour - is attending and commenting on this important community safety Initiative in the Town of Whitby. For more information concerning the press conference please contact Peter LeBel - Director of Whitby's Marketing and Economic Development Office - at (905) 665-5803, For information about Road Watch please contact Inspector Greg Reid at the Whitby Community Police Office (905) 57'9- 1520 ext. 1844. :i_E RI( ... ., * Members of the Media are invited to attend. �r. - A 4 '_QCATIO ;: vunicipaiity of C;arington ATTN: Maureen Reid COUNCIL INFORMATION I-7 AN 61 L NNE A MCTO EXPRESS c� T� tiMEiVAMENTS MADE'TO SILL 16 previously pay BOT.The cash rebate is a Minimum AMCTO was acknowledged by all three Provincial of 40%of the taxes payable for the property or portion thereof but it can be increased by the parties as the"catalyst for ehamgo"to Bill 16,the Small ,,3usiness and Charities Protection Act,at Standing municipality or extended to organizations(not for- Conunittee hearings held on Wednesday of this week at profit)that are similar to charities. If municipalities he Provincial Legislature,The Government withdrew a adopt the 2.5%cap they are not required to give _notion that would have limited debate and not allowed charities rebates. If the cap is nQt unposed the for any amendments to the Bill a day after an AMCTO charities must be given rebat and'lbi 19981he dress conference at which President Cathic Best warned entire 40%or more plus the first installment of the Df administrative chaos and dire financial consequences rebate for 1999 must be paid over to the charities no for municipalities as a result of the.Bill. later than October 31, 1998.The implementation of this section is entirely left with municipalities which ATNICTO proposed five key amendments and several means some administrative process will be required technical changes to help mitigate the confusion and to identify eligible charities,to track thoir continued damage potential of Bill.16.Yesterday the Standing eligibility and to account for payments made in 1998 Committee hearing submissions on Bill 16 passed a for 1999 purposes. number of amendments, The amendments passed address two of AMGT'O's five priority amendments; There were no cho noes to the conditions or the options related to the 2.5%cap or the phase-in provisions to ♦ Mutidipolities will have the option of requesting an provide more tools to municipalities to address local additional 30 days to assess whether or not to adopt needs and conditions. Bill 16 continues the trend of the 2.5%cap on commercial taxes.The catch is that further centralizing the property tax system in Ontario on municipalities will be required to make a request to the basis that municipalities(council and administration) the Minister who will then need to issue an order. are not capable of making proper decisions while The need for setting up a further process with purporting to be giving municipalities the tools to additional built-in procedures and delays escapes address local needs, locally. logic. If municipal councils wish to have additional time to analyze the overall,three year impact of the AMCTO,S NEW E MAIL ADDRESSES "Danforth cap" they may be allowed this time but Ken Causine<,u kcrn�.sinesu a meto.com only after an individual request to the Minister of Joanne Young Evans oun vans,cc cto.ca . Finance. Joanne Nissen jnissen.a:amcto.com Marianne Marino mmarino anntcto.om ♦ Payments to charities are still required to be made to Lori Micucci wx_nsc i.a, cto.com compensate these organizations for the impact of the Rosita Bourke rbour4a, &ntcto;com changes to the taxation system.Here's how it works! AMCTO WebSite www.amcto.com Bill 16 permits landlords to pass on to tenants the tax increase that results from the collection of the INrOR.MATiON REQUEST previous BOT as part of the property tax. AMCTO is interested in receiving samples of customer Municipalities, in return, will need to pay cash service surrey/questionnaires used by Municipalities in j rebates to charities to compensate these determining the need for change or improvement to the organizations for increases in rent passed on by the way in which they do business. Please e-mail your landlord,the premise being that charities did not copies to Lmicu0 .amcto;com or fax at(905) 602-4295. un-03-98 11 :00am From-TOWN OF PORT HOPE 9068867698 T-137 P.02/02 F-860 COUNCIL INFORMATION I_g THr, CORPORATION OF THE TOWN OF PORT HOPE 56 QUEEN STREET,P.O. Box 117, PORT Hon,ONTARIO LIA 3V9 TRLi+:PHONE (905) 885-4544 cmwi:admin@nhb.com FAX (905)885-7698 WMrM- WWW.TOWN.PORTHOPE/ON.CA/P_IiOPE/tPrA9' -HW GLERK'8 taMCR June 2, 1998 Mr A Whelan Director General.. Energy Resources Branch Energy Sector Natural Resources Canada 580 Booth Street I r Floor Ottawa ON K1A OE4 Dear Mr. Whelan, I am writing on behalf of the General Government Committee of Council regarding LLRW. As you are aware, the Council of the Town of Port Hope recently passed a resolution stating that the Town will consider a local solution to the Federal Government's LLRW environmental problem. specifics regarding the resolution were conveyed by correspondence dated January The General Government Committee, at their meeting of June 1,1998, requested that I convey to your offices the Committee's desire that we keep all our options open. We do not wish to - exclude the consideration of Port Hope as a potential waste site. in this regara we would appreciate your expertise in determining whether there are potential sites within the boundaries of Port Hope. it is the Committee's expectations that the Federal Government will be aWe to proceed- forthwith. Yours t ly, I i i1RPGINAL „� ! M. Rostetter, Chief Administrative Officer, Town of Port Hope. pmt) _�._.... . cc file copy MRJVVa.tm.tRW i . In Case of Transmission Difficulties, Please Call 416-863-2101 Please Deliver To: Municipality of Clarington COUN i CIL INFORMATION I-9 i News Release Q Ontario Communique' . a Ministry of Minist6re des Municipal Affairs Affalres municipales . and Housing et du Logement News release via Canada NewsWire, Toronto 416-863-9350 Attention News Editors: PROVINCE ASSUMES RESPONSIBILITY FOR SPECIAL NEEOS HOUSING TORONTO, June 12 /CNW/ - The province will assume approximately $54 mi' .ion in costs for dedicated supportive housing and domiciliary hostels aci fee Ontario, rather than devolving them to municipalities. Both of these ty� .�s of housing serve individuals with special needs including: individuals with developmental disabilities, people with mental illness, frail elderly inO4.viduals and people with addiction problems. "The province is committed to meeting the housing requirements of people special needs, " said Minister of Municipal Affairs 'and Housing Al Leach. 'This decision helps the government provide integrated administration of lousing and support services. At the same time municipalities will have lower to ;ing costs. — ' SupThe province will retain 100 per cent of the costs of dedicated portive housing, rather than transferring it to municipalities as part of he provincial-municipal realignment of services. This will save wr-cipalities approximately $40 million annually province-wide. It will also 36 amline the administration of dedicated supportive housing by providing air _,le-source funding. Municipalities will save a further $14 million with the province's iecision to resume funding 80 per cent of the costs of domiciliary hostels. ih1 is in response to an early recommendation of the province's Task Force on dory lessness. "Our recommendation is based on what we heard from providers, advocates :nd municipalities, • ' said Jack Carroll, MPP, Chair of the Task Force. "The ,rc ince is committed to assessing the levels of service provided to :o9 ciliary hostel clients as part of a broader review of approaches that will :oa._ effectively meet the housing requirements of clients with special eeds. " This change is retroactive to January 1, 1998, and will not affect the oor, y available to municipalities through the Community Reinvestment Fund. Disponible en frangais II �TION CLERK -----M- ACK.BY (more) ORIGINAL s.. COPIES T0: ...... 1 -�!�[i ' •.�:v.+vim.___..�..�::.�.. i 2 -------------------------------------------------------------=----------- Dedicated Supportive Housing/bomiciliary Hostel f Backgrounder Dedicated Supportive Housing The province will transfer approximately $40 million in dedicated supportive housing costs to the Ministry of Community and Social Services or the Ministry of Health. The annual funding requirement will be assumed by the provincial government, resulting in a reduction in social housing costs being transferred to municipalities. Approximately 550 projects with approximately 5,400 units operated by more than 200 housing providers will be transferred. Supportive housing is housing for tenants who require support services to live independently in the community. These tenants are typically individuals with developmental disabilities, people with mental illness, People with physical disabilities, people with HIV/RIDS or acquired brain injuries, troubled youth, frail elderly individuals, people with addiction problems, or are victims of family viglence. The Ministry of Community and Social Services and the Ministry of Health already fund the agencies that provide the support services to the tenants. I Dedicated supportive housing projects are entirely occupied by tenants who require support services to live independently in the community instead of an institution. Streamlining both housing and support service dollars within these ministries will allow better planning, monitoring, and administration of supportive housing dollars. Domiciliary hostels In response to an early recommendation of the Task Force on Homelessness, the province will fund 80 per cent of domiciliary hostel costs, with municipalities funding the remaining 20 per cent. This decision is expected to save municipalities more than $14 million in 1998. The government will review domiciliary hostels in the context of housing for people with special needs. i I i (more) Domiciliary hostels are permanent residences for people with special needs. The hostel operators have entO-ed into agreements with the municipality and receive a per diem t6 provide residents with permanent accommodation and some supports to daily living. Residents are people with special needs including: individuals with developmental disabilities, people 'with mental health problems, frail elderly individuals and people with ddiction problems. Unlike emergency hostels, domiciliary hosteN are permanent homes for their- residents. General - Tenants in supportive housing and domiciliary hostels will not be affected by these decisions. They will still have the same relationship to the service provider and landlord as they have always had, and they will receive the same services. - These changes will not affect the money available to municipalities i through the Community Reinvestment Fund. - The changes are retroactive to January 1, 1998. This means that: - previous cost estimates for social housing will be reduced by the appropriate amount for dedicated supportive housing in the affected municipalities - municipalities will be reimbursed for 80 per cent of domiciliary hostel costs for 1998 at the end of the year /For further information: Nicholas But, Housing Policy Branch, Ministry 61' Municipal Affairs and Housing, (416) 585-6517; Anne Dundas, Minister's Office, (416) 585-6486; Please visit the Ministry of Municipal Affairs and I' )using's World Wide Website at http: //www.mmah. gov. on. ca/ 30 - i I i I .,4:33 EST; ASSOCIATION OF?-> 985 623 8836 CLERK-Clarington Mum Page 882 ill-11-98 THU 04:31 PM AMO FAX NO, 4169716191 P. 01 COUNCIL INFORMATION I-10 t Association of Member • • � �;� � Municipalities '•t ----,! of Ontario ForYour 383 UnNaraity Avenue,Suite Mi Toronto,ON M50 1Ee n f o r mTel;(�10) 9655 -fax: 071-6101 a t i o n email,:a nn 0am4,mu n1c71-.18 m For Immediate Attention June 11, 1998 - FYI - 98/020 I AMENDMENTS TO LABOUR RELATIONS ACT AIM TO PROVIDE FLEXIBILITY FOR MUNICIPALITIES ISSUE: Introduction of labour legislation which will give municipalities involved in construction projects greater flexibility in dealing with construction workers. FACTS: On June 4, 1998, the Honourable Jim Flaherty, Minister of Labour, introduced Sill 31, the Economic Development and Workplace Democracy Act, 1998 which amends the Labour Relations Act, the Employment Standards Act and the Occupational Health and Safety Act This Bill is designed to increase investment and job creation in Ontario's construction industry and to help ensure labour relations stability Of greatest interest to municipalities are the amendments to the Labour Relations Act regarding the construction industry. By amending the definition of an employer in the construction industry to exclude- employers who may occasionally undertake construction work but whose primary business is not that of construction, employers, such as municipalities,school boards and banks,will not be bound by the special construction provisions in the Act. In being considered 'non-construction employers', they will no longer be bound by the province-wide collective agreements of the Industrial,Commercial and Institutional sectors when they have construction work done. Rather, municipalities, and other non-construction employers,will be able -- to negotiate agreements specific to their circumstances. While a 'grandparenting' provision states that existing non-construction employers with collective agreements that are effective when the amendments come into force continue to be bound by the agreements, the employer can apply to the Labour Relations Board to obtain a declaration or order that it is no longer covered by the construction collective agreement. The only condition for making such an application Is that the employer must not have any employees in the construction industry (i.o, the bargaining unit) on the application date, Other components of the Bill include: • A proposed framework to negotiate specific agreements for major industrial projects in Ontario(including something like an Olympic bid) • Amendments to make the union certification process more democratic • Miscellaneous amendments to all three pieces of legislation to achieve greater efficiencies in adjudication- procedures Greater authority given to the labour Chair to proceed with a case and to make rules governing practice and procedures of the Board. STATUS: AMO welcomes the flexibility that this Bill brings to municipal construction projects. AMO is seeking clarification regarding whether there will be public hearings on this Bill. This information is available through AMO's MUNICOM network at www.municom.com. For more information contact: Joanne Meddaoui, Policy Advisor, Policy and Government Relations at (416) 971-9856 ext. 320 or email:jmeddaoui@amo.municom.com Transmission problems contact: Carleen Newland, (416)971-9856 ext. 300 In Case of Transmission Difficulties, Please Call 416-863-2101 Please Deliver To: Municipality of Clarington COUNCIL INFORMATION I-11 JUN 12 1109 AN '90 News Release � Ontario Communique' MiniStrY of Finance Minlstere des Finances Oueen's Park Queen's Park Toronto ON M7A 1Y7 Toronto ON M7A 1Y7 FOR IMMEDIATE RI=LEASE: June 11, 1998 BILL 16 BECOMES LAW SMALL BUSINESS JOBS AND CHARITIES PROTECTED TORONTO.--The Small Business and Charities Protection Act(Bill 16), the final legislative step in the government's plan to bring fairness to property assessment and- --- taxation, has received Royal Assent, John Baird, Parliamentary Assistant to the Minister of Finance, announced today. "Over the past 18 months, this government has brought about the most comprehensive reform of the property assessment and tax system in Ontario's history," Baird said. "Beginning with the Fair Municipal Finance Act, we have brought fairness and consistency to a severely outdated assessment system and given municipalities a range of planning tools and choices to make fair tax policy decisions, now and in the future. "This new legislation fulfills both our commitment to property tax reform and to creating a climate where small businesses can grow and create jobs. Small business continues to be the engine of job creation in Ontario," Baird added. "The Act will also ensure that the pace of reform is manageable and consistent with local priorities." The Small Business and Charities Protection Act, 1998 provides for a three-year plan, announced by the Minister of Finance on March 27,that municipalities can use to limit business property tax increases to no more than 2.5 per cent a year In 1998, 1999 and j 2000. To ensure that all businesses can be protected, the Act extends this 2.5 per cent limit to businesses that lease premises, for example in office buildings, shopping centres and industrial malls. Charities occupying business properties can also be protected by the 2.5 per cent limit. Where municipalities do not apply the 2.5 per cent limit, charities will receive mandatory rebates of at least 40 per cent of their property taxes. Municipalities may provide rebates of up to 100 per cent to charities occupying properties in any class. The Act provides additional municipal powers to ensure fairness in taxation. Four new optional property classes will be available to municipalities, as well as graduated tax rates for industrial properties and rebates for those commercial and industrial properties that face property tax increases due to assessment reform. s 2 Assessment rolls will be delivered to municipalities on June 15, "The government is taking steps to help municipalities and school boards deal with this slight delay in roll return," said Baird. The deadline to appeal property assessments will be extended to August 31, 1998. To further support a climate for business growth and job creation, the government will start to cut commercial and industrial education tax rates in municipalities where rates exceed the provincial average. 1998 rates will be set shortly after the return of assessment rolls. As promised in the 1998 Budget, the government will introduce legislation in the fall to ensure its eight-year plan to reduce commercial and industrial j education tax rates by a total of$500 million In municipalities where these rates are above the provincial average. -30- For further information: Rob Mitchell Adrian Mann Minister's Office Communications Branca (416) 325-9566 (416) 325-0333 A detailed backgrounder is attached. _R' I ACK. BY_ N ORIGI T' _ ..� . i r Ministry of Finance Minist6re des Finances Queen's Park Queen's Park Ontario Toronto ON M7A 1Y7 Toronto ON M7A 1Y7 Back rounder June 11, 1998 Small Business and Charities Protection Act, 1998 What the Act does: protects small businesses * Municipalities can limit tax increases on businesses to no more than 2.5 per cent a year in 1998, 1999 and 2000. • To protect all businesses, the 2.5 per cent limit also applies to individual business tenants:.for example, small businesses who lease space in shopping centres, office buildings or industrial malls. • The limit applies to individual businesses such that their 1997 realty tax and Business Occupancy Tax cannot increase more than 2.5 per cent-a year. • To protect small industrial properties, municipalities can set graduated tax rates for the industrial class, similar to the graduated tax rates municipalities can set for 4 commercial properties. This allows municipalities to apply lower tax rates to lower- valued business properties. •, Municipalities that do not apply the 2,5 per cent limit can rebate property tax increases due to assessment reform for businesses in the commercial and industrial classes. Enhances protection for charities • Charities that occupy business properties will also be protected by the 2.5 per cent limit on property tax increases. Municipalities that do not apply the 2.5 per cent limit must provide registered • charities with property tax rebates of at least 40 per cent. ,I • Municipalities can provide registered charities and similar organizations occupying any type of property with rebates of up to 100 per cent of property taxes. • To provide charities with more certainty and to help speed up rebates, municipalities must provide charities their 1998 rebates and the first installment of their 1999 rebates by October 31, 1998. I • The province would share the cost of these rebates for education tax purposes. 2 Provides fair treatment for landlords • Owners of commercial, industrial and multi-residential properties can be protected by the 2.5 per cent limit. • Landlords holding gross leases can pass through to tenants the equivalent of the average Business Occupancy Tax for the property class in their municipality. Where municipalities apply the 2.5 per cent limit, landlords can pass through the actual amount of the 1997 Business Occupancy Tax. • Landlords holding gross leases can pass through the Business Improvement Area charges to tenants occupying business property. Gives municipalities more power and flexibility • Municipalities will have additional powers and flexibility to make tax changes fairly, In ways that best meet local needs. New powers include: - graduated tax rates for industrial properties; - four new optional property classes: shopping centres; office buildings; vacant land and parking lots; and large industrial properties; - extended powers to phase in all tax changes related to the Ontario Fair Assessment System, for example, graduated tax rates. - rebates on assessment-related property tax Increases for commercial and industrial properties. Amendments to assist charities, small businesses and municipalities i in response to advice from municipalities and municipal organizations, a number of technical amendments have been made to the Act since its introduction. For example, amendments will: • Support protection for charities and similar organizations, regardless of the type of property they occupy. For example, municipalities may rebate taxes to charities and similar groups occupying residential property. • Allow municipalities flexibility in the timing of rebates to charities. • Allow municipalities more time to make tax policy decisions. Municipalities may request a 30-day extension of the deadline to make decisions about applying the 2.5 per cent limit or choosing optional property classes. • Clarify how municipalities can determine phase-in amounts. I 3 Deadline to appeal assessments extended Property taxpayers will have more time to file a formal appeal of their property assessment. The appeal deadline is extended to August 31, 1998, reflecting the delay in the return of the assessment roll to June 15, 1998. !assistance with municipal and school board cash flow The Act allows the Minister of Education and Training to delay the June 30 school board remittances by municipalities. The Province will make equivalent payments to school boards on behalf of municipalities. Municipalities will repay the Province, without interest, at a date to be determined shortly. In addition to this measure, the government is addressing cash flow concerns of municipalities in other ways: i • Municipalities will not be required to make Local Services Realignment payments until September 1, 1998. • Eligible municipalities received the first half of their Community Reinvestment°Tund-- —-- allocations in late May, well before any payments to the Province are required. - 30 - i For further information_ Rob Mitchell Adrian Mann Minister's Office Communications Branch (416) 325-9566 (416) 325-0333 -- I Aussi disponible en frangais. I COUNCIL INFORMATION I-12 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY MAY 21 , 1998 FA 4/98 1 . Welcome and Call to Order: The Chair called the Full Authority meeting to order at 7:10 p.m. and welcomed all in attendance. 1 MEMBERS PRESENT: Neal Cathcart, Peter Delanty, John Lindsay, Raymond Benns, Murray Weppler, Roseanna Vachon, larry-Hal1 dim Hunt, John Mutton, Charlie Trim ALSO PRESENT: Linda Laliberte, General Manager/Secretary-Treasurer Warren Coulter, Engineering Technician Rob Franklin, Planning Technician George Elgear, General Superintendent ABSENT WITH REGRETS: Forrest Rowden ALSO ABSENT: Dan Dell 2. Disclosure of Interest: None. 3. Minutes of Last Meetinq: FA 39/98 MOVED BY: John Mutton SECONDED BY: Murray Weppler THAT the minutes of April 16, 1998 be adopted. CARRIED. I 4. Adoption of the Agenda: The Chair indicated that there was one additional permit. r L Minutes FA 4/98 - May 21, 1998 Page 2 FA 40/98 MOVED BY: Peter Delanty SECONDED BY: Charlie Trim THAT the agenda be adopted as amended. CARRIED. 5. Delegations None. 6. Business Arising from Minutes None. 7. Chair Remarks The Chair spoke about increased communications between watershed upidpalWas ? and the ,Conservation Authority. He stressed the important of the municipal representatives to inform the councils on the Conservation Authority. It was suggested that a file be set up at each municipality and the minutes and correspondence be placed in the file so that it could be access by all. As well the minutes will be forwarded to each municipality and asked to be forwarded to the councils as correspondence. A copy of a newspaper article was distributed for - discussion. FA 41/98 MOVED BY: Jim Hunt SECONDED BY: Charlie Trim THAT a letter be sent to Hoe Township pin regards to the newspaper article which referred to the 2% decrease in the levy. CARRIED. 8. Business from Board Members John Lindsay brought forward a concern in regards to the seemly lack of communications by Conservation Ontario. He stressed the importance that Conservation Ontario needed to be a direct. link to the government similar to the relationship that AMO has with the municipalities. The General Manager/Secretary- Treasurer stated that a new communications firm had been hired and she anticipated stronger communication links. Jim Hunt brought forward a concern by the Town of Port Hope in regards to the river and the impacts of the anglers that leave garbage, not -that this is the action of all anglers, only some. Murray Weppler spoke about some of the docks at Rice Lake and COUNCIL INFORMAIION I-13 June 9, 1998 Jux 49 PM '98 Municipality of Clarington The Regional Municipal Office ,,Municipality 40 Temperance St. �,orks Bowmanville, Ontario Department L1C 3A6 )x 623 5 Consumers Dr. Attention: P.L. Barrie, Clerk Whitby,Ontario Canada L1 N 6A3 95) 668-7721 Dear Ms. Barrie: x(905) 668.2051 V.A. Silgailis, P.Eng. RE: Region of Durham Contract Q-278-98 commissioner Works Watermain Leak Detection Survey Please quote our ref: FILE NO.: GEN-WAT=1-6 � .. •. j For your information,a quotation-for a watermain leak detection-survey will occur in the summer of 1998. The survey will take'place in'Orono and Newcastle Village. The survey should.be completed by August 28, 1998. If you have any questions or problems,please contact Dale R:-Clemens at 668-7721, Ext. 5320. ' Yours truly f. f�t i `L3 "I.C3 C _. + CLERK RCK BY:.— ORIGitJAt 1'iI: COP!ES F0: s Dale R.-Clemens Operations Technician %dc/ps cc: L. Murray _._............._-4 COUNCIL INFORMATION I-14 Ministry of Minist6re des Municipal Affairs Affaires municipales Ontario and Housing et du Logement Investigation Unit Unite des enquetes AN 15 IZ 49 777 Bay Street, 1 Ith Floor 777,rue Bay, I le eta-0 e Toronto,Ontario M5G 2E5 Toronto,Ontario M5G 2E5 Tel: (416)585-7553/6712 T61 : (416)585-7553/6712 Fax: (416)585-6464 Telecopieur:(416)585-6464 it The proposed proclamation of the Tenant Protection Act 1997 on June 17, 1998 gives us an opportunity to advise you of the services of the Investigation Unit of the Ministry of Municipal Affairs and Housing. The Investigation Unit has the responsibility of ensuring compliance with the Ac tdlrcompliance cannot be achieved, an investigation is commenced and consideration is given to prosecuting an offender in Provincial Offences Court. The Tenant Protection Act, blending six pieces of residential rental legislation and replacing current rent control legislation, will increase the number of offences and dramatically change the focus of the Unit from rent to harassment type offences. There are thirty-two offences under the new legislation. Many of your clients will have complaints pertaining to these offences. We have investigators experienced in dealing with these offences and the court process. We can inform them of an appropriate course of action and where offences are evident take the necessary steps to achieve compliance or pursue the issue before the courts. There is no cost to you or the client for our services. The number to call is: 585-7214 (in the 416 area) or 1-888-772-9277 toll free. We have enclosed a brochure explaining the Tenant Protection Act offences. Please feel free to copy the brochure and circulate it to interested clients. Requests for educational sessions may be directed to Bonnie Waine at 416-585=7Tf4 f T�� a iDefreitas at 416-585-6712. ' ACK. BY OR,'GINAI. � COPIES T0: t I a i Ministry of Minist6re des Municipal Affairs Affaires municipales and Housing et du Lo ement Ontario 5 g Investigation Unit Unite des enquetes 777 Bay Street, I I th Floor 777,rue Bay, 1 is etage Toronto,Ontario M5G 21:5 Toronto,Ontario M5G 2E5 Tel: (416)585-7553/6712 Telephone: (416)585-7553/6712 Fax: (416)585-6464 Telecopieur: (416)585-6464 i La promulgation de la Loi de 1997 sur la protection des locataires, pr6vue pour le 17 juin 1998, noun donne 1'occasion de vous informer au sujet des services offerts par I'Unite des enqu6tes du minist6re des Affaires municipales et du Logement. - L'Unite des enqu6tes est charg6e d'assurer la conformite aux dispositions de la L-et: Sn-eas•de--- non conformite, elle procedera a une enqu8te et examinera la possibilite de poursuivre l'auteur de 1'infraction devant la Cour des infractions provinciales. i La Loi sur la protection des locataires, qui reunit six loin sur la location residentielle et remplace la legislation actuelle sur le contr6le des loyers, d6finit un plus grand nombre d'infractions et modifiera considerablement les activites de l'Unite, dont les enqu6tes porteront plus souvent sur les infractions relatives au harc6lement plut6t qu'au loyer. I La nouvelle Loi etablit 32 infractions. Bon nombre de vos clients pourraient presenter des plaintes relatives a ces infractions. Nos enqu8teurs, qui posse'dent une vaste experience du traitement de ces plaintes et du proc6d6 judiciaire, peuvent leur indiquer la ligne de conduite et, dans le cas d'une infraction evidente, les etapes necessaires a suivre pour faire respecter les dispositions de la Loi ou pour entreprendre une poursuite judiciaire. i Nos services vous sont offerts gratuitement ainsi qu'a vos clients. Les numeros a composer sont le (416) 585-7214 ou, sans frais, le 1 888 772-9277. Vous trouverez ci joint un guide expliquant les infractions vis6es par la Loi sur la protection des locataires. N'h6sitez pas a en faire des copies et a les distribuer aux clients interesses. Vous pouvez adresser des demandes de seances de formation a Bonnie Waine, au (416) 585-7553, ou a Vanessa Defreitas, au (416) 585-6712. i s Ontario OFFENCES There are 32 offences in the Tenant Protection Act (TPA) that apply to residential tenancies. This pamphlet sets out how to report an offence, who to contact and the remedies. Reporting an of i An offence may be reported to the Investigation Unit of the Ministry of Municipal Affairs and Housing. The Investigation Unit can be contacted by calling toll-free 1-888-772-9277 or( 416) 585-7214. In some cases, the staff of the Unit will contact the offender to try and resolve the problem. In other cases, an investigator will investigate the complaint and may lay charges against the offender, who xvill have to stand trial in court and you may be asked to attend as a witness. i ' Yottr Options It is up to ou whether or not to: • report the offence to the Investigation Unit; and/or • apply to the Ontario Rental Housing Tribunal. These are t-wo separate processes. The Investigation Unit is not part of the Tribunal. Filing an application with the Tribunal does not tell the Investigation Unit about the offence. Reporting to the Unit does not tell the Tribunal you wish to apply. For general information about the rules concerning landlords and tenants, contact the Ontario Rental i Housing Tribunal toll-free, 24 hours a day at 1-888-332-3234. i j If you report the offence, the Unit will look into your complaint whether or not you apply to the Tribunal. You do not have to pay a fee to report an offence. You also have a right, in many of these cases, to apply to the Ontario Rental Housing Tribunal. For example, if a tenant was charged illegal rent, the Tribunal can order the landlord to repay the excess rent. If a tenant was harassed by the landlord, and as a result moved out, the Tribunal can order the landlord to pay the tenant's moving expenses and a rent abatement for the time the tenant was being harassed. To make an application, you will have to complete a form, file it with a Tribunal office (usually paying a fee), and give a copy to the other party. A hearing will be held, and you will have to prove your case. The other party will have an opportunity to answer your claims. If you feel you are owed money, you should apply to the Tribunal -- whether or not you report the offence. It is the Tribunal which can order payment to you of any money owed to you. Committing an of An offence can be committed by any person, including a landlord, a tenant. a subtenant, a person who acts on behalf of a landlord (such as a superintendent, caretaker, property manager or agent) or a tenant's agent._ An offence can occur even if the person doesn't know what they did was against the law. i The Offences Harassment It is an offence for any person to: • Try to stop a tenant from making an application under the TPA or from taking part in a hearing; • Try to prevent a tenant from forming a tenants' association or taking part in one; • Threaten a tenant, interfere with a tenant, or pressure a tenant to move out of a rental unit. It is an offence for a landlord, or someone acting on behalf of a landlord to: • Do anything that would prevent a tenant from being able to enjoy living in a rental unit. It is an offence for a tenant, or someone acting on behalf of a tenant to: • Try to stop a landlord from making an application under the TPA or from taking part in a hearing. Eviction It is an offence to: • Put a tenant out of a rental unit without following the rules, • Make a tenant move out of a rental unit by giving the tenant a notice of termination for a reason that the landlord knew was untrue, • Take a tenant's possessions without following the rules. Vital Services • It is an offence to withhold or interfere with the reasonable supply of a vital service, which includes hydro, water.. natural gas or heating oil. Landlord entering a rental unit j It is an offence for the landlord to enter a rental unit, except in those situations allowed by the TPA. If the TPA requires prior notice to the tenant or restricts entry to certain hours, it is an ...offence to break these rules. i Rent and Evtra Fees It is an offence to: I _ • Charge more rent than is allowed under the TPA; • Pressure a tenant to agree to a rent increase above the rent control guideline; • Require payment of the rent asked for in an application for an above guideline increase filed with the Tribunal before it has been approved; • Refuse to give a tenant a rent receipt, when requested; • Charge or attempt to charge a tenant, sub-tenant or prospective tenant any type of fee, on top of i the rent, such as a damage deposit; • Make a tenant or prospective tenant buy anything from the landlord or an existing tenant to get or keep a rental unit. For example, requiring a prospective tenant to buy drapes or furnishings in order to rent a rental unit. Maintenance and repairs I It is an offence for a landlord to: • Fail to obey all or any part of a work order issued by the Maintenance and Standards Unit of the Ministry of Municipal Affairs and Housing; • Fail to obey an order of the Tribunal to do repairs or work to a rental unit; • Stop an inspector or investigator from entering a building in order to carry out duties under the TPA. i False in formation • It is an offence for anyone to give a document containing false or misleading information to the i Tribunal or the Ministry of Municipal Affairs and Housing. Other Of It is an offence for any person to: I • Fail to obey an order issued by the Tribunal that orders a person not to do certain things; • Chanae the locks on doors to the rental unit or building without the landlord's approval or without giving a copy of the new keys to the tenant; • Fail to apply the tenant's rent deposit to the rent for the last month of the tenancy: • Fail to pay the tenant interest on the rent deposit when required; i • Charge a fee to a landlord or a tenant based on more than the permitted percentage of the money received from a Tribunal order; • Stop political candidates or their agents from canvassing on the property; • Give a notice to end a tenancy for the landlord's own use of a rental unit converted to a condominium, where that is not permitted; • Fail to offer a tenant, when required, the right of first refusal when the building is changed to a condominium or after major repairs or renovations; i • Evict a tenant from a rental unit that is to be demolished, renovated or changed to something other than a rental unit, and not give the tenant three months rent or offer the tenant another rental unit, where it is required. Care Homes All of the offences that apply to rental units also apply to care homes. In addition, there are other offences that only apply to care homes. It is an offence for any person to: • Withhold or interfere with the reasonable supply of a vital service, including care services or food: • Give a notice of rent increase or a notice of increase for a charge without first giving the tenant an information package; • Increase the cost for providing a care service or meals to a tenant without giving 90 days notice of the increase. Mobile Home Parks and Land Lease Communities All of the offences that apply to rental units also apply to Mobile Home Parks and Land Lease Communities. In addition, there are other offences that only apply to Mobile Home­Fark and T.and Lease Communities. It is an offence for any person to: l • Interfere with a tenant trying to sell or lease a mobile home or land lease home; • Force a tenant to sign an agency agreement for the sale or lease of a mobile home or land lease home. • Stop a tenant from buying goods or services from any person. I For more information • For more information or to report an offence, contact the Investigation Unit by calling the toll- free line at 1-888-772-9277 or in the 416 calling area call 585-7214. • You may also write to the Unit at: Investigations Unit, 11`''. Floor, 777 Bay Street, Toronto, On., M5G 2E5. • The Tribunal can be reached 24 hours a day by calling toll-free 1-888-332-3234. • A copy of the TPA can be ordered from Publications Ontario by telephoning toll-free 1-800- ' 668-9938. • A copy of the TPA can also be obtained by visiting the Ontario Government Website at v*'vAv.gov.on.ca. Ontario Rental Housing Tribunal "'N_r f Ontario THE TENANT PROTECTION ACT 7 This guide contains some basic Who is covered by the Tenant Protection information in plain language about the Act? Tenant Protection Act (TPA .. For an exact statement of the law, landlords and Landlords and tenants of most residential tenants should read the TPA itself, which rental units, including mobile home sites can be ordered from Publications Ontario and units in care homes, are covered under by telephoning toll-free 1-800-668-9938. the Act. A copy of the TPA can also be obtained by visiting the Ontario Government Some units are almost entirely exempt Website at «ww.gov.on.ca. from rules related to rent. However, they The Ontario Rental Housing Tribunal are covered by rules governing the provides information to the public through relationship between landlord and tenant. a network of 20 local offices across Ontario. The Tribunal can be reached 24 These include: hours a day by calling toll-free 1-888-332- 3234. New residential complexes,where rent increases will be negotiated between landlord and tenant; LANDLORD AND TENANT DISPUTES i • Government-owned housing and A quasi-judicial agency called the Ontario non-profit housing units. Rental Housing Tribunal resolves disputes between landlords and tenants about rights and responsibilities,including rent increases, evictions and privacy issues. Contacting the Tribunal A tenancy agreement The Tribunal can be contacted in a variety A tenancy agreement gives a tenant the of ways:Y right to live in a unit owned by a landlord, and can be verbal, written or implied. • You can visit any of our offices from 8:30 a.m. to 4:30 p.m., If the agreement is in writing, it must set Monday through Friday. out the legal name and address of the landlord. A copy of the agreement must • You can.write to any of our 20 be given to the tenant within 21 days. offices. If the agreement is not in writing, the • You can fax us. tenant must be given written notice of the I legal name and address e;lhe 4andlord ! • You can visit our website: within 21 days of the start of the tenancy. ww«-.ORHT.gov.on.ca. I • You can call our information phone Filing an application line. The toll free number is 1-888- 332-3234. Our automated telephone system operates 24 hours If a landlord and tenant are unable to a da, and you can find out general resolve a dispute with each other about information about the TPA at any rent or other issues like repairs and time just by listening to the privacy, it can be brought to the Tribunal messages. If you need to speak to a for an order. Filing fees start at $45. You customer service representative, can get more details by checking the please call during regular office brochure"Fees for Applications". hours. Applications to the Tribunal are resolved either by mediation or by a hearing. • Please note, we can only provide information and options,we can't offer advice. If you need advice we recommend you call a lawyer. . 2 Mediation Attending a hearing A landlord or tenant should attend their If all parties agree, a neutral mediator may hearing. If a party does not attend a help a landlord and tenant resolve their hearing, they risk an order being made dispute. The mediator does not issue against them. Therefore, it is alwaay orders, but works with the parties to better to be there. It is not necessary for a clarify issues, discuss options and move landlord or tenant to have a lawyer at a toward a solution acceptable to both hearing. They can represent themselves. parties. The adjudicator The hearing The hearing is conducted> y_dn The hearing is a more formal process adjudicator,who makes the decision. The j where both sides can present their adjudicator hears evidence presented by i evidence to a decision maker called an both the landlord and tenant, then applies adjudicator. The adjudicator makes an the law to the facts of the case and makes order by applying the law to the facts. a decision called an order. I I The result is an order. An order of the Tribunal can be enforced through the Reviewing an order courts. If the landlord or tenant thinks that the order contains a serious error, they can Location of a /tearing apply to the Tribunal to have the order reviewed. This review will be done by The hearing is held at a location close to another adjudicator. You have 30 days where the building is located or at a from the date of the order to apply for ai Tribunal office. The notice of hearing will review. tell you the exact location. i Appealing an order The landlord must give the tenant at least 90 days written notice of a rent increase in If the landlord or tenant thinks the order the proper form. The Tribunal has copies contains an error on a point of law, they of this form for landlords to use. can appeal the order to the Divisional Court. You have 30 days from the date of The rent control guideline the order to apply for an appeal. 'i The rent can be increased by the amount THE RENT of the guideline set each year by the Minister of Municipal Affairs and For a new tenant Housing. The landlord does not require approval from the government to increase i A prospective tenant can expect a landlord a tenant's rent by the amount-of the to ask for rental history, credit references, guideline. authority to conduct a credit check and income information. A landlord can consider income information alone if the Illegal charges landlord has asked for the other i information, but it has not been provided. It is illegal for a landlord to require a new tenant to pay an application fee or special When a rental unit is being rented to a new charge in order to rent a unit. It is also tenant, the landlord and tenant decide what illegal to require a new tenant to buy rent will be paid. The landlord and the anything, such as drapes or furnishings, in new tenant negotiate the amount of the order to rent a unit. i rent, and negotiate the services that are included in the rent, such as parking and Rent deposit hydro. Once the new tenant is in the rental unit, The landlord can collect one month's rent the annual rent control guideline takes as a deposit from a new tenant. The effect. The rent can only be increased if at deposit can only be used for the rent for least 12 months have passed since the last the last month of the tenancy, and the increase. landlord must pay the tenant six per cent interest on the deposit each year. 4 For an existing tenant When a landlord applies to the Tribunal for an increase above the guideline, a When a tenant already lives in a unit, the tenant may choose to pay the higher rent rent can only be increased if at least 12 set out in the notice of rent increase months have passed since the last increase. while they are waiting for an order from The landlord must give the tenant at least the Tribunal. 90 days written notice of a rent increase in the proper form. The Tribunal has copies A landlord and tenant can agree to add of this form for landlords to use. parking at any time during the year without applying to the Tribunal. This Rent increases above the guideline applies to other services such as cable, 1 lockers, etc. I The rent can be increased by more than the guideline if: Agreeing to increase the-mni-ahove-the guideline I There is an order from the Tribunal because the landlord has applied to A landlord and tenant can negotiate a new the Tribunal for an increase in rent rent if they agree that the landlord will to cover increased municipal taxes carry out major renovations or repairs, buy and charges, or utility bills. new equipment or if the landlord will add a new service. The rent increase agreed to • There is an order from the Tribunal cannot be any more than the guideline plus because the landlord has applied for 4 per cent. There is a five-day cooling off an increase due to major period when the tenant can change their renovations or repairs, the purchase mind. of new equipment or the addition of security services. These kinds of The agreement must be on the approved rent increases are capped at 4 per form and is available from the Tribunal cent above the guideline. offices. • Maximum rent applies to your unit. If the tenant does not agree to the increase i Call the Tribunal for information. the landlord can make an application to the Tribunal. 5 Rent reductions Post-dated cheques A tenant can apply to the Tribunal for a A landlord cannot require a tenant to rent reduction if: provide post-dated cheques for the rent. • The landlord does not make repairs or improvements that were agreed MOVING OUT to in an agreement to increase the i rent. Renewing a lease i • The landlord does not provide a The end of a lease doesn't mean a tenant service that was agreed to in an has to move out, unless they want to. agreement to increase the rent. A lease can be renewed, or anew lease I made, if the landlord anZienant-dgree. • There is a decrease in municipal If they don't renew or make a new lease, taxes and charges. the tenant can stay as a month to month tenant. All the rules of the former lease ! • If a service or facility is reduced or will still apply to both the landlord and removed and the landlord did not tenant. reduce the rent. However, the landlord could increase the A tenant can also apply for a reduction of rent by the amount allowed under the TPA rent if maintenance standards are not as long as proper 90 days written notice of adequate. See the brochure "Filing an the increase is given and 12 months have Application". passed since the last increase. Rent receipts If a tenant asks for a receipt for a rent payment, rent deposit or any other payment, the landlord must provide the receipt to the tenant free of charge. 6 If a tenant wants to leave A tenant can move out by giving the required notice if the landlord does not agree to an assignment of the tenancy and A tenant must give their landlord a notice in writing when they plan to move out. prefers.to rerent the unit themselves. This is called a notice of termination. The date the tenant plans to move out is called Agreement to end tenancy the termination date. A landlord and a tenant can agree to end a A daily or weekly tenant must give at least tenancy at any time. When there is an 28 days notice. The termination date must agreement, a notice of termination does fall at the end of a week. A month to not have to be given. 1 month tenant must give at least 60 days notice. The termination date must fall at It is a good idea to make this agreement in the end of a month. writing. The landlord and-tenant should each keep a copy. A tenant with a lease who wants to move must also give at least 60 days notice Assignment of tenancy before the end of the lease. fA tenant in a care home, however, can A tenant with a lease may be able to transfer the lease to someone else. This is terminate a tenancy at any time, even if called an assignment. they have a lease. At least 30 days notice in writing must be given. A tenant must have their landlord's A tenant can move out before the end of a approval before they assign their lease. If their landlord won't allow assignments, lease in two cases: or doesn't reply within seven days to the tenant's request for approval, the tenant • The tenant and landlord agree to i can end the lease. They must give a notice end the tenancy before the end of in writing to the landlord within 30 days the lease; of making their request. If they rent by • The tenant and landlord agree to the month or have a lease, they must give at least 30 days notice. assign the tenancy to a new tenant. A tenant in assisted, subsidized,public or A tenant in assisted, subsidized,non-profit non-profit housing doesn't have the right or public housing doesn't have the right to to assign their lease. sublet. A tenant 1 iving in a superintendent's unit A tenant living in a superintendent's unit doesn't have the right to assign their lease. doesn't have the right to sublet. I The landlord or a care home can refuse to Eviction approve an assignment of a lease if the person who might receive the lease is not eligible to be a resident of that home. A tenant can only be evicted by a landlord i for reasons allowed by the Tenant Sublet Protection Act. The landlord must give.t}re.enant_a_notice An assignment of a lease is often confused in writing when they want a tenant to with subletting. move, regardless of the reason. This is called a notice of termination. The date i Subletting is where a tenant with a lease the landlord wants the tenant to move out lets another person live in the unit for a is called the termination date. temporary period of time, but returns to I live there before the lease ends. Some of the reasons allowed by the Act relate to the tenant's conduct while living A tenant can only sublet with the approval in the rental property. They include of their landlord. conduct of the tenant's guest or other occupants of the rental unit. If a tenant has found a possible subtenant, the landlord must have a good reason for refusing to approve that person. A landlord of a care home can refuse to approve a sublet if the person who might move in does not meet the landlord's admission requirements. s A landlord can terminate a tenancy, under MAINTENANCE certain conditions, for any of the following reasons: Tenant responsibilities • tenant has failed to pay rent; A tenant is responsible for keeping their • tenant is consistently late paying the rental unit clean, and for repairing any rent; damage they or'their guests cause to the unit, the building or the property. • illegal acts; Landlord responsibilities i • damage; A landlord is responsible for keeping the � the tenant has impaired the safety of building and the units in a,good state of ' others; .�." ..._.._._. _..� repair, and for meeting all health, safety and maintenance standards. • disturbing the reasonable enjoyment of other residents; Maintenance problems • overcrowding; The first step a tenant should take in g poor dealing with maintenance is to s i misrepresenting income in p p eak government subsidized housing; to the superintendent or the landlord to try to resolve the problem. If that doesn't • landlord wants to use the unit for work, the tenant should then contact the their own use. local municipality. See the brochure "Ending a Tenancy" for details. 9 The role of the municipality Rent reduction A tenant should contact the municipality In addition to asking for a work order to for two reasons: be issued, a tenant can file an application for a rent reduction with the Ontario • To find out if the municipality has Rental Housing Tribunal on the grounds by-laws requiring that properties be that a property has not been properly maintained to a minimum standard maintained. (e.g. the by-law might require that leaky roofs be fixed or buildings be After an application is processed, the heated to a minimum temperature). Tribunal could issue an order: • To request an inspection of the temporarily reducing the rent to property. The municipality can compensate the tenant; issue a property standards work order requiring that the repairs be authorizing a repair that has been I made. made or is to be made by the tenant i and charging the costs to the Tenants with maintenance problems landlord; should contact their municipality(look in the blue pages of the phone book). • requiring the landlord to carry out- the repairs within a certain time; Once a complaint has been made, the property may be inspected to see if repairs • for anything else which is are required. In some cases, problems appropriate. may be referred to another agency, like the fire department. As an alternative,the application could be resolved by mediation and the landlord If the inspector finds that the repairs are and tenant could agree to an appropriate necessary, a work order may be issued to solution. the landlord, listing the repairs that must be completed by a specified date. 10 Vita!services 2. A landlord may enter between 8 a.m. and 8 p.m. without notice: i It is illegal for a landlord to interfere with • the reasonable supply of vital services to a if the tenancy agreement says the tenant, such as heat, hydro, natural gas or landlord must clean the unit i water. regularly, unless the agreement specifies other times for cleaning; Fire safety • after a notice of termination has been given by either the landlord or Landlords and.tenants should contact their the tenant and the landlord wants to local fire department for all questions show the unit to a potential new about fire safety. tenant. Before entering for this j reason the landlord must try to tell PRIVACY the tenant in advance:'*-- I 1. A landlord can enter a unit 3. A landlord may enter between 8 without written notice: a.m. and 8 p.m. after providing 24 hours written notice: I if there is an emergency, e.g. a fire or a water leak; • to make repairs or do work in the_ i unit; • if the landlord knocks on the door; and the tenant_ invites the landlord • for inspections by potential in; purchasers; if the landlord and a tenant of a care for inspections by insurance or home have a written agreement that mortgage companies; the landlord will check on the safety and comfort of the tenant, e.g. make • for any other good reason set out in bed checks. a written tenancy agreement. OFFENCES Additional Information There are a number of offences under the The Ontario Rental Housing f, Tenant Protection Act. If a person is Tribunal provides information to found guilty of committing an offence, the the public through a network of 20 fine can be up to $10,000. If a corporation local offices across Ontario. is found guilty of an offence, the fine can be up to $50,000. The Tribunal can be reached 24 hours a day by calling toll-free See the Ministry of Municipal Affairs and 1-888-332-3234. Housing brochure on "Offences" for details or call the Offences Hotline at A copy of the TPA can be ordered 1-888-772-9277• from Publications Ontario by telephoning toll-frce.t-800-668- 9938. CARE HOMES • A copy of the TPA can also be The Tenant Protection Act applies to care obtained by visiting the Ontario home accommodation,but there are Government Website at additional special rules. See the brochure www.gov.on.ca. on care homes for details. ` i MOBILE HOMES The TPA applies to residents of mobile homes and land lease communities, but there are some additional special rules. See the brochure on mobile homes for details. 12 Atomic Energy Control Board COUNCIL INFORMATION I-15 JUN 1 5 1998 NCU)S Reb7setAAYOA'S IPALITY OF CLARINGT OFFICE 98-15 FOR IMMEDIATE RELEASE June 12, 1998 AECB publishes latest radiation doses from Darlington and Pickering nuclear stations Ottawa=-In its latest edition of its information bulletin,the Radiation Index, the Atomic Energy Control Board (AECB) indicates that the total public radiation exposures from the Darlington and Pickering nuclear generating stations in the first quarter of 1998 remained extremely low. I This most recent AECB Radiation Index shows that, for the three-month p" Md-ft-Gm_.�-- January 1 to March 31, 1998, the public radiation doses* due to the operation of the Darlington and Pickering stations were 1.2 and 2.5 microsieverts,respectively. This brings the total for the last four quarters to 4.6 microsieverts for Darlington and 14.8 microsieverts for Pickering. In comparison, a typical chest X-ray produces a dose of approximately 70 microsieverts, while a return flight from Toronto to Vancouver would result in an increased dose from cosmic radiation of about 20 microsieverts. The doses indicated due to the operation of the nuclear stations are for the most exposed persons, typically those living just outside the station boundary. Most persons in the region would have received less, since radiation doses decrease significantly as the distance from the stations increases. For the past four years, the Atomic Energy Control Board(AECB) has been producing regular editions of the Radiation Index to inform the residents of Durham region of their radiation exposure from the Pickering and Darlington nuclear generating stations. Up to now, the AECB has purchased space in local newspapers in order to give these bulletins a wide visibility, so that residents would become familiar with the product and the information it contained. Due to budgetary restraints, this edition of the Radiation Index will be the last one published by the AECB in local newspapers. However, the Radiation Index will continue to be produced on a quarterly basis and, as has been the case since its inception, it will be sent to local media and to any other interested persons. We hope that your local media will continue to relay the information to their audiences. i We also intend to begin publishing the Radiation Index on the AECB Web site at wivw.gc.ca/aecb, in the near future, Government Gouvernement Cmacta of Canada du Canada - 2 - Anyone wishing to receive copies of future editions directly from the AECB may do so by contacting the AECB by telephone at 1-800-668-5284, or by writing to: Atomic Energy Control Board Communications Division P.O. Box 1046, 280 Slater St. Ottawa, ON KIP 5S9 Fax: (613) 992-2915 Internet Email: info @atomcon.gc.ca - 30 - * The radiation dose is a measure of the quantity of radiation absorbed by the body. It is normally measured in units of millisieverts (one thousandth of a sievert) or in microsieverts (one millionth of a sievert). The latter unit is used in the Radiation Index. r _ I Contact: Robert Potvin Communications Division (613) 995-5894 WSTR I - . if t t h i RadiationIndex ��atatto e due to eml�stons from the Pickering Nuclear Station. xa � ±Jan'ary 1 to March 31,`1998 2 5 x Total;for 1998: 2 5 rropo�aasi`irmt` ,�,< — - fK dose from emip,�igns 6 r25'' Results of last four quarts, I ? S T ?< Aril 1997 to March 199E .y 6 .{ r Dose from i's ngle chest X-rayr "0Il�out'J1! Radiation dose due to khl stons#rom the D rl�ng on i�ucleai St tion.� January 1 to March X1,1998 1,� Total for 1998: `��osedtepEltif S . BoEefrohi Z2. i onst400 per 1��%; '1 '=€96 Q4, Results of last four quarters from Aril 1997 to March 199E �4 Dose from a single chest X-ray: about 70 Dose Is reported in microsieverts,an international-unit used to mt asyre radlation dose Last edition in your local newspaper? For the past four years,the Atomic Energy Control Board(AECB)has been producing regular editions of the Radiation Index to inform the residents of Durham region of their radiation exposure from the Pickering and Darlington nuclear generating stations.Up to now,the AECB has purchased space in this newspaper in order to give these bulletins a wide visibility,so that residents would become familiar with the product and the information it contained.Due to budgetary restraints,.this edition of the Radiation Index will be the last one x; published by the AECB in local newspapers. However,the Radiation Index will continue to 6e produced on a quarterly basis and,as has been the case since its inception,it will be sent to local media and to any other interested persons.We hope that your local newspapers will continue to relay the information to their readers.We also intend to begin publishing the ax Radiation Index on the AECB Web site,at www.gc.ca/aecb,in the near future. L't Anyone wishing to receive copies of future editions directly from the AECB may do so by contacting us by telephone at 1-800-668-5284,or by writing to: Atomic Energy Control Board ... Communications Division P.O.Box 1046,280 Slater St. Ottawa,ON K1P 5S9 Fax:(613)992.2915 Internet Email:info @atomcon,gc.ca Atomic Energy Commission de controle t fr1LlaUra Control Board I'd de nergle atomique COUNCIL INFORMATION 1_16 ' CSDA June 1, 1998 ,� �('�- rinodion Soft Drink Association_ J� � Association conadienne de Mayor Diane Hamre �af rindusftie des boissons gazeuses Municipality of Clarington 40 Temperance St. Bowmanville ON L1 C 3A6 Dear Mayor: WWW 5 Of"CE Enclosed for your information is a copy of our 1997 Packaging Stewardship L�National Office/ p Bureau chef Annual Report. 55 York St. Suite 330 We are very proud of the significant progress our member companies have Toronto,ON M5J 1 R7 made in reducing the amount of packaging we use and in increasing the Tel(416)362-2424 Y ax(416)362-3229 amount of material we reuse and recycle. � = E-mail 102005.1662 @compuserve.com As you will see in the Report: C Atlantic Region/ Region Atlantique Through its participation in 3Rs programs — programs to reduce, 1657 Barrington St. reuse and recycle, across Canada the soft drink industry Suite 310 y ry was able to -ialifax, NS 83J 2A1 divert 65% of its packaging materials from landfill last year. (el(902)492-0910 Fax(902)492-0090 It is in part due to efforts like ours that the National Packaging Protocol's target E-mail 102022.716 @compuserve.com of reducing packaging wastes by 50% has been achieved four years ahead of Q 4ssociation des schedule. embouteilleurs de boissons gazeuses While the record shows that we have made significant progress, we can iu Quebec, 16c./ assure you that our industry intends to remain an active partner in the Quebec Soft Drink campaign to make better use of valuable recyclable resources. Bottlers Association Y 'Jne division de 'Association canadiene de Through the Canadian Soft Drink Association our members will continue to ,'industrie des boissons support efforts to ensure all the packaging material we use continues to be gazeuses'A Division of the recyclable. You can also count on our support for convenient and -cost- -anad'an Soft Drink Assoc. ;00,rue Sherbrooke Ouest effective collection systems that enable Canadian residents to participate in oureau 900 this vital environmental initiative. Montreal,QC H3A 3C6 el(514)282-3804 We are proud of what we have accomplished to date and we are confident ax(514)844-7556 E-mail t02125.141 @compuserw.com that, working together, we will achieve even more in the future. If you have any Ontario Region/ comments or questions about this Report please contact any of our offices. Zegion de ('Ontario P.O. Box 32 Kind regards 0tST- r�,U .t��- Royal Sank Plaza CLERK _ ;outh Tower, 32nd Floor -oron-:),ON M5J 2)8 ACK, By Tel(415)369-3059 I n J Fax(4 16)865-0887 ORI1aINAt :-mail'3772.1733@compusefve.com CQhi�s Tn Paulette Vinette Q Western Region/ CSDA President & CEO ` Wgion de ('Ouest 10691 Shellbridge Way Encl. CSDA Packaging Report 1997 Suite 130 Richmond, BC V6X 2W8 PV/JB 98/6/4 Tel(6C4)244-2920 d:\word\csda\psar\1997coverDiane Ham -ax(604)244-2945 NOTE:; Packaging Report available in Clerk's Dept. c-mail t02363.3421@compuserve_tom COUNCIL .`INFORMATION I-17 ® Federation of Canadian Municipalities Federation canadienne des tnunicipalites JUN 17 3 o8 pM #98 June 12, 1998 Memorandum to FCM Municipal, Associate and Affiliate Members Deput NlacorJae Eadie Wil pcz.\Lmitoba IYJ ent I't adrut FCM NATIONAL BOARD OF DIRECTORS MEETING \t; suppi;.uu Claude Cantin September 9 - 12, 1998 CALL FOR RESOLUTIONS - Premier ::;-president Fir' lice-President Mayor Uopold Be lliveau The FCM Standing Committee.on Policies and Resolutions and the Monecon.Ne%vBrunswick National Board of Directors invite members to submit resolutions on J I\':.,-President president subjects of national municipal interest for debate at the September 1998 meeting of FCM's National Board of Directors. C" :illor Joanne Monaghan li t, tt.B-:,hColumbia FCM will take a stand only on issues which are clearly of national Tinrd\'i:_-president municipal interest and which fall within the jurisdiction of the federal Troisiim;-.:;.-president government, the provincial and territorial governments acting at the D:; yM;vor Grant Hoperoft interprovincial level, or FCM itself. Indirect municipal issues and London.Ozmrio local/regional issues will not be supported by major research and lobbying Ire,:cacatLarge activity, unless otherwise directed by the Annual Conference or by FCM's Tes:_.nthors-cadrr National Board of Directors. Ia ace Director es knight ; Resolutions should meet the enclosed guidelines and should be _.� t�! cur:n&al received by FCM no later than August:4, 1998-for presentation to FCIVI's Standing Committee on Policies and Resolutions at its meeting on September 9, 1998. Strict adherence to the deadline and enclosed -,, `-,procedures is crucial to the expedient processing of all resolutions received. �... i �.. �.. . . - FCM looks forward to hearing from its members. If possible, an electronic copy of your reso utions wou be �—i- __- appreciated: sknause @fcm.ca Sheila g Nau Policy and Resolutions --�- --^`Enclosure t 24,rue Clarence Street,Octawa,Ontario-KIN 5p3 __. ---- Telephone/TBlcphone:(613)241-5221 •Fax/Tclecopieur.(613)241-7440 International Office/Bureau international: 1 - '� Telephone/Telephone:(611)241-8484•Fax/.Yd cooieur:(613)241-?11- i ®� GUIDELINES FOR PRESENTATION OF RESOLUTIONS TO FCM It is by way of resolutions that Municipal, Affiliate and Associate Members bring their concerns to FCM for consideration at the Annual Conference, held in June of each year, or at meetings of the National Board of Directors, held in September, December and March. I 1 . Resolutions may be submitted by any municipality or provincial/territorial municipal association which is a member in good standing of the Federation of Canadian Municipalities. 2. All resolutions endorsed at the Annual Conference or at the National Board of Directors and which require action from the Government of Canada shall be submitted to the appropriate minister, department or agency for response. 3. It is therefore important that resolutions be carefully worded so that F--CM-is-diree-ted to take the appropriate action and that the proper message is conveyed. 4. FCM does not wish to receive resolutions which pit one municipality against another. 5. Members submitting resolutions regarding Community Safety and Crime Prevention matters are advised to focus on the "principle" of the issue being addressed and avoid attempts to re-word the criminal code. 6. A national vocabulary should be used at all times when drafting resolutions. Local references may detract from the national significance of resolutions I CONSTRUCTION OF RESOLUTIONS 7. All members are urged to observe the following guidelines when preparing resolutions for submission to FCM: a) FCM will take a stand only on issues which are clearly of national municipal interest and which fall within the jurisdiction of the federal government, the provincial and territorial governments acting at the *interprovincial level, or FCM itself. Indirect municipal issues and local/regional issues will not be supported by major research and lobbying activity, unless otherwise directed by the Annual Conference or by FCM National Board of Directors. i b) The descriptive clauses (WHEREAS...)should clearly and briefly set out the reasons for the resolution. If the sponsor believes that the rationale cannot be explained in a few preliminary clauses, the problem should be more fully stated in supporting documentation. I C) The operative clause (BE IT RESOLVED...) must set out its intent clearly and briefly, stating a specific proposal for action to betaken by FCM. (i.e., BE IT RESOLVED that FCM urge/endorse/petition...) Generalization should be avoided. Further, the resolution must clearly include a municipal thrust (i.e., how does or will the intent of the resolution affect municipal governments?). d) Background information must be submitted with the resolution. When a resolution is not self explanatory and when adequate information is not received, FCM staff may return the resolution to the sponsor with a request for additional information or clarification. e) Proof of endorsement by the sponsoring council must accompany the resolution. PLEASE NOTE: Resolutions that do not comply with the foregoing guidelines will be returned to the sponsoring Mnicipality!municipal association for revislon/rewriting or/and receipt of adequate information in justification and support of the intent of the resolution. CATEGORIZATION OF RESOLUTIONS The Standing Committee on Policies and Resolutions will review the resolutions m- ceived-and categorize g e them as follows: Category A: National municipal issues Category B: Local/regional municipal issues Category C: Issues not within municipal jurisdiction Category D': Matters dealt with by FCM in the previous three years and that are in accordance with FCM policy Category D2: Matters dealt with by FCM in the previous three years and that are NOT in accordance with FCM policy SUPPLEMENTARY INFORMATION The Standing Committee on Policies and Resolutions is responsible for receiving and taking action on all resolutions in accordance with the above stated guidelines. Resolutions which fall within the mandate of an FCM Standing Committee will be reviewed by same for the purpose of presenting recommendations to the National Board of Directors or the Annual Conference. Standing Committees are responsible for ensuring that resolutions are compatible with j existing policy statements and approved resolutions. THE DEADLINE FOR SUBMISSION OF RESOLUTIONS TO FCM'S NATIONAL BOARD OF DIRECTORS FOR THE SEPTEMBER 1998 MEETING IS AUGUST 4. The Standing Committee on Policies and Resolutions stresses that resolutions received after the deadline cannot be processed in time for inclusion in the Board Book and will be held for action by the National Board of Directors at its meeting in December 1998. ----------------------------------------------- COUNCIL' INFORMATION I.:18 ' June 16, 1998 July 17 3 oe Ina"Loll The Regional The Honourable Ernie Eves uniaipality Deputy Premier & Minister of.Finance Durham'. 7th Floor, Frost Bldg., South.Wing Clerks Department 7 Queens Park Crescent. ; )5 Rossland Rd.East Toronto, Ontario ?.sox 623 M7A 1 Y7 Mftby,Ontario Canada L'1 N 6A3 os)ssa-nil ACTUAL VALUE ASSESSMENT- UPDATE SMALL BUSINESS AND ix:(sos)668-9963 CHARITIES.PROTECTION ACT-.C#08-F-42) P.M.Madill,A.M.C.T. ^egional clerk Honourable Sir, at-.their meeting held on-June 3,1998 the Council of the . Regional Municipality of Durham endorsed the following -- recommendations of the Finance and Administration Committee: "WHEREAS Bill 16,-Small Business and.Charities Protection Act, 1998, which received first reading.on May 7, 1998-introduced further measures to protect small business from large property tax increases under the Ontario Fair. Assessment System; and . WHEREAS, the measures announced included: the limitin of property • - g tax increases to 2.1/-2%a year,for three years on municipal arid education tax�increases for industrial,-commercial.and multi-residential property; creation of new property.tax classes;permitting tiering,or graduated tax,rates for industrial and commercial properties; allowing-tax rebates to business; providing for a mandatory minimum 40% rebate to ;charities occupying business properties; extending•the return of the assessment roll to the end of May, 1998; and extending the assessment appeal period until the end of•July. 1998; - L:rST� 7`:on` INOW THEREFORE BE IT•RESOLV*Eb-THAT the Regional Municipality.of, IRK /r . . � Durham recommend to the Minister of Finance-that:' The`inclusion of.normal budgetary increases in the 2.5% capon ' (IC '.£S propertytax increases for commercial, industrial and multi' . -- residential properties is'inappropriate-and be deleted from the T-----�--� -- —� proposed legislation; i . 2 - I • The mandatory-minimum 40% rebates to charities be deleted and replaced with the original proposal of allowing rebates to charities on an-optional basis at the discretion of the municipality; and • The time allowed after the final return of the assessment roll within which municipalities must.decide whether to adopt new classes or capping options be.extended from 30 days to 90'days. BE IT FURTHER RESOLVED THAT a copy of this report be forwarded to -the Minister of.Finance, the five-Durham Region MPP's and the eight local Area Municipalities. Attached as directed is a copy of Report#98-F-42 of-the Commissioner of Finance. P.M. Madill A.M.C.T. Regional Clerk PMM/cb j cc: The'Honourable Janet Ecker, M.P.P. (Durham-West) j The Honourable'Jim Flaherty; M.P.P. (Durham Centre) Ms. Julia Munro, M.P.P. (Durham-York) Mr. Jerry Ouellette, 'M.P.P'. (Oshawa) Mr. John O'Toole,*M.P.P. (Durham'East) 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 Cladngton 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.G.-McKay, Clerk, Town of Whitby Mr. R.J. Clapp, Commissioner of Finance May 27, 1998 To: The Finance and Administration Committee From: R.1 Clapp, Commissioner of Finance RE: REPORT#98-F42 ACTUAL VALUE ASSESSMENT-UPDATE: SMALL BUSINESS AND CHARITIES PROTECTION ACT RECOMMENDATIONS: WHEREAS Bill 16,Small Business and Charities Protection Act, 1998,which received first reading on May 7, 1998 introduced further measures to protect small business from large property tax increases under the Ontario Fair Assessment System. WHEREAS, the measures announced included: the limiting of property-tax increases to 2 1/2% a year for three years on municipal and education tax increases for industrial,commercial and multi-residential property;creation of new property tax classes;permitting tiering or gmduated— tax rates for industrial and commercial properties;allowing tax rebates to business; providing for a mandatory minimum 40%rebate to charities occupying business properties; extending the return of the assessment roll to the end of May, 1998; and extending the assessment appeal period until the end of July, 1998. i NOW THEREFORE BE IT RESOLVED THAT the Regional Municipality of Durham recommend to the Minister of Finance that: • The inclusion of normal budgetary increases in the 2.5%cap on property tax increases for commercial, industrial and multi-residential properties is inapprol5riate be deleted from the proposed legislation; • The mandatory minimum 40%rebates to charities be deleted and replaced with the original proposal of allowing rebates to charities on an optional basis at the discretion of the municipality; The time allowed after the final return of the assessment roll within which municipalities must decide whether to adopt new classes or capping options be extended from 30 days to 90 days. BE IT FURTHER RESOLVED THAT a copy of this report be forwarded to the Minister of Finance, the five Durham Region MPP's and the eight local Area Municipalities. h REPORT#98442 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT REPORT: 1.0 INTRODUCTION • On May 7, 1998,Finance Minister Eves introduced Bill 16,Small Business and Charities Protection Act, 1998. • The Bill gives legislative effect to announcements by the Minister of Finance made on February 5 and March 27, 1998 including: the optional capping of tax increases for commercial,multi-residential and industrial properties; the option of new classes such as shopping centres and large industrial enterprises; and, the extension of tiering or graduated tax rates to the industrial class as now applies to the commercial class. • The legislation also makes mandatory the provision of rebates to charities. 2.0 THE KEY COMPONENTS OF BILL 16 2.1 Small Business • The key small business components of Bill 16,their application, the limitations on use and the missing details are described below: i Component Application Limitation Missing Details Optional 2.5% Protects industrial and Extension of capping Regulations related Capping of Property commercial properties beyond purely to the application of Tax Increases for: from any significant assessment related - capping. Industrial and increases in taxes, increases relieves these Commercial and including budgetary classes from picking up Updated Multi-residential amounts. any share of Assessment Roll. Classes. downloading or Cap to apply to budgetary property tax individual business related increases. tenants in shopping centres,office Capping must be self- buildings,or industrial financing which means malls• that decreases would have to be held back Tenant Protection Act to sufficiently to offset the ensure any protection on 2.5%limitation on multi-residential sector increases of any type. benefits tenants. Applies for 3 years if Caps apply to charities adopted and cannot opt in the business classes. in after 1998. Province would extend Municipalities have 30 to education taxes. days from the return of the assessment roll to decide on canning., i REPORT#98-F42 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT 3. 2.1 Small Business/cont'd Component Application Limitation Missing Details New Sub Classes Creation of new classes Municipality must stay Prescribed sets of Within the can limit tax shifts within average transition transition ratios to Commercial and between certain types of ratio calculated for group match scenarios for Industrial Class: property: e.g. from large of industrial or adoption of new industrial to small commercial classes, classes; (Optional) industrial. which prevents any shifting of residential Definition of new Includes shopping taxes to the industrial or classes; centres,large industry, commercial sector. parking lots,and vacant Regulations land; Municipalities have 30 covering the days after the return of utilization of new Sub-classes for vacant the assessment roll to classes. land and units and decide on adoption of excess land applies to new classes. the new classes. Tiering: Graduated Municipalities can Self-financing:tax rates Possible Tax Rates Which � create up to three bands on higher bands of Regulations Rise With Increasing of assessment within the assessment must be governing the Bands of Assessment industrial and sufficient to compensate utilization of (as now applies to the commercial classes and for lower rates on lower graduated rates. commercial sector) tax lower bands at lower bands of assessment. have been extended to rates. Instead of the industrial sector. r regulations,officials Phase-in provisions of indicate that a legislation have been legislative bulletin expanded to include may be issued changes related to explaining the tiering. calculation of rates, and the specific Affords a measure of treatment to be protection to small afforded to vacant business. land and units. 1 �i REPORT#98-F-42 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT 4 Component Application Limitation Missing Details Rebates to Small Municipality may pass a Applies only to the Regulations Business by-law providing for tax industrial and governing rebates. rebates to owners of all commercial classes. (Optional) or part of assessment related tax increases. Rebates to be financed i by increased tax rate on properties within the industrial or commercial classes. Information about rebates to be published in a form prescribed by regulation. Gross Lease Landlords permitted to Landlords are required to Provision: pass through to tenants give notice to the tenant an amount not of the amounts owing 30 Allows pass through exceeding that which days prior to the date the to tenants of an could have been raised tenant is required to pay. amount related to by the average business recovery of lost occupancy tax. business occupancy tag(BOT). If capping applies,the maximum pass-through becomes the amount of business tax paid in 1997. 2.2 Charities/Similar Organizations • Optional rebates for charities(up to 40%under Fair Finance legislation)have now become mandatory rebates of at least 40%and up to 100% for charities in the commercial and industrial class. (Officials indicate that owner-occupied charities will remain in the residential property class,which effectively restricts the rebate to charities renting or leasing commercial and industrial space). • Municipalities can choose to make rebates to similar organizations in any amount up to 100% of taxes paid. • The Region and Area Treasurers Working Group is looking for a way to identify charitable organizations so that cost estimates may be developed for mandatory rebates. According to Provincial officials,there will be no separate identifier on the assessment roll to segregate these properties. REPORT#98-F42 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT 5. 2.3 Other • Appeals: Final date for appeals of assessment has been extended to July 31, 1998 leaving taxpayers two months after the return of the assessment roll to file an appeal. • Interim Financing: Minister of Education and Training authorized to pay second instalment of property taxes to school boards, with provision for reimbursement from area municipalities. • Education Taxes: Minister of Finance authorized to requisition municipalities for education taxes on business properties. (No tax rate has been established although the recent Ontario budget mentioned a Provincial average rate for planning purposes of 3.3%). _ 3.4 WHAT'S MISSING: • As noted above,regulations defining new classes,prescribing new sets of transition ratios to accommodate new classes and governing graduated rates, charitable and business rebates are required. Provincial officials indicate that new class definitions and associated sets of transition ratios will be released before the end of May and later enshrined in regulations, expected in mid-June. • In addition, the following information has yet to be provided: i the final assessment roll,promised for the end of May, without which transition and tax ratios cannot be determined; the Provincial range of fairness to be specified in regulation; — regulations relating to the discounts and covering rules for farmland awaiting development; �i regulations respecting appeals of ineligibility rulings respecting qualification as a farm/managed forest property; regulations respecting payments-in-lieu determination and allocation among the two levels of government and the school boards; and regulations indicating the tax rates on railway and hydro rights of way. i REPORT#98-F42 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT 6. 4.0 SUMMARY Allowance of Flexibility in setting Property Tax Rates: The new provisions allow some increased flexibility for easing the burden of tax increases within the industrial, commercial and multi-residential classes. Staff will be exploring the potential use of these options. • The new provisions allow no additional scope for easing the burden of tax changes on residential taxpayers and,in fact,if the capping option were employed on the non-residential classes, all of the budgetary and net downloading impact would fall on residential ratepayers. • Municipalities have lost their earlier discretion respecting.whether or not to extend rebates to charities and the amount of such rebates if granted(up.to 40%). Mandatory rebates not only infringe on the municipalities' tax poi * tee 4Qm-b t may significantly add to local costs. Complexity: • The addition of new classes gives rise to several different combinations of transition ratios, depending on which of the particular classes the municipality chooses to adopt. Officials indicate that there may be as many as 16 separate sets of transition ratios generated to accommodate municipal choice on the new classes. Timelines: • The timelines for consideration of the new options are extremely tight--decisions regarding the establishment of new classes and the optional 2.5%caps are required within 30 days of the release of the final assessment roll at.the end of May, 1998. To make an informed decision on new options, consideration will have to be given to all available alternatives to determine whether the new options are in the Region's interest. i i REPORT#98-F42 ACTUAL VALUE ASSESSMENT-UPDATE:SMALL BUSINESS AND CHARITIES PROTECTION ACT 7. 4.0 SUM1V1[A,RY/cont'd • The time allowed is especially stringent, considering the added complexity of the exercise and the fact that municipalities will not have the final assessment, class definitions and transition ratios to evaluate options until the end of May. At the same time, municipalities will not have the certainty of final regulations on outstanding information(eg. transition ratios, class definitions) and rules until mid June. • Finance Department staff will continue to keep the Committee informed as new information is provided by the Province. R. J. Clapp, CA, Commissioner of Finance :mg Encl. MG\U"RTS\BILL16 f " r i I In Case of Transmission Difficulties, Please Call 416-863-2101 Please Deliver To: Municipality of Clarington COUNCIL INFORMATION I -19 Ministry of Minist8re dos 1 Municipal Affairs Affaires munielpallm 17 3 08 PM 98 and Housing at du Logement Offica Of the Minister Bureau du ministre 777 Bay street 777 rue Bay Ontario w Toronto ON MSG 2E5 Toronto ON M5G 2E5 Tel(416)585-7000 T61(416)585-7000 June 16, 1998 To all Heads of Council: I am writing to bring you up to date on the government's plans with respect to the props3,sed,new-- Municipal Act. We released draft legislation for comment in February, and the deadline for comments was May 8. I would like to thank everyone who took the time to respond. Your input is very much appreciated. We are now reviewing the submissions we have received. While we are still analysing those i submissions, it is clear that many people continue to have valuable comments about various aspects of the bill. I will therefore take the time to consider all the comments before introducing a new Municipal Act in the Legislature, �I Within the next few weeks, after we have thoroughly evaluated all of the submissions,I will be informing you about our further consultation with stakeholders on the new Municipal Act. i We continue to be committed to a new Municipal Act that would reduce government duplication and bureaucracy, allowing local governments to meet local needs as efficiently as possible and better serve Ontario taxpayers. I look forward to working with you over the next few months toward that goal. Sincerely, UTION + f NA; T . _ Al Leach MinisterMG,` J.. ., CC. Clerks /90 ZZ:12:03 EST; ASSOCIATION OF?-> 905 623 0030 CLERK-Clarington Mun Page 00Z JUN-16-98 TUE 04:27 PM AMO FAX N0, 4169716191 P. 01 COUNCIL INFORMATION 1-20 Association of MeMber • - • 1 i of nic alliities For Your s03 Unlvur•Ity Avenue,suite 1701 Toronto,ON M15G 1Ee To]:(418) 4(ex:( n f o r m a t o n em aii:a n ocemo.mu nlcam-c orn For Immediate Attention June 16, 1998 FYI - 98/021 PATRICK MOYLE NAMED NEW EXECUTIVE DIRECTOR OF AMO Patrick J. Moyle, currently the Commissioner of Corporate Services for the City of Brampton, will take over as the Executive Director of the Association of Municipalities of Ontario as of August 10. Patrick is no stranger to municipal officials throughout Ontario, He is currently a member a the AM_Q Board of Directors, where he served on a variety of AMO Committees and Task Forces, including Development Charges, Electricity Restructuring, the draft new Municipal Act, Local Government In the Future, Social Housing Reform and Fiscal and Labour Policy. He also played an important role on the Who Does What panel. i Commenting on his appointment as Executive Director, Patrick had this to say: "AMO has accomplished a great deal in the past, and I believe that it has the potential for doing much more in the years to come, I looking forward to joining the AMO team and advancing the municipal message in order to deal with the many issues before us.This Is an opportunity that meets my career objective of leading a provincial organization, and AMO is a body for which I have great respect," Patrick's municipal experience is extensive --his current position in Brampton; Chief Administrative Officer/Economic Development Officer, Town of Orangeville; President of the Evanco Development Corporation; CAO, and Director, Planning and Economic development for the Town of Huntsville; Principal Planner for the District Municipality of Muskoka; and Planner, Township of lake of Bays. He has also been involved with several municipal-related organizations. In addition to his extensive involvement with AMO, Patrick is a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute; and of the Economic Development Council of Ontario; and a former member of the Executive of the Festival Country Tourism Association, and of the Ontario Municipal Administrators Association . "1 am delighted that Patrick has agreed to join AMO has the Executive Director," said AMO President Michael Power. "He has the experience and capabilities to lead us forward in these challenging times." This information is available through AMO's MUNICOM network at www.municom.com. For more information contact: Pat Vanini, Director of Policy and Government Relations at(416)971-9856 ext. 316 or email: pvanini @amo.municom.com Transmission problems contact: Carleen Newland at(416) 971-9856 ext. 300 or email: cnewland @ amo.municom.com COUNCIL INFORMATION I-21 June 17, 1998 JUN 19 2 17 pM 98 Mr. Ian C. Parrott, P. Eng. The Regional Senior Engineer "I unicipality Approvals Branch Durham .Ministry of the Environment . clerk's Department 250 Davisville Avenue.. J5 Rossland Rd.East Toronto, Ontario M4S 1 H2 O.Box 623 , Whitby,Ontario APPLICATION FOR A PROVISIONAL CERTIFICATE OF APPROVAL Canada L1 N 6A3 i05)668-7711 (A680295) FOR A WASTE DISPOSAL SITE UNDERPART V OF THE ax:(905)668-9963 ENVIRONMENTAL PROTECTION ACT BY T.S.-ENVIRONMENTAL P.M.Madill,n.M.c.T. SERVICES LTD.; MUNICIPALITY OF CLARINGTON-OUR FILE: L08-02 legional Clerk Mr. Parrott, the Planning Committee of Regional.Couricil considered-tI`ie above matter and at their meeting held on June 17, 1998, Council adopted the following recommendations of the Committee: a) THAT the Ministry of the Environment be advised that the Region .,of Durham does not request a hearing by the Environmental Assessment.Board.for a proposed.Certificate of Approval - (A680295) by T.S.- Environmental Services.Ltd., located at 373 Lake.Road., Bowmanville, in.•the Municipality of Clarington; and b) THAT a copy-of Commissioner's Report #98-P-57 be forwarded to the Ministry of the Environment and the Municipality*of Clarington." Enclosed for your information is a copy of Report#98=P-57 of Mr. A.L. Georgieff, Commissioner of Planning.. t �OIST t 1.1TtON P.M. Madill, A.M.C.T. CLERK Regional Clerk i ACK. BY 0RIGP11A.L T PMM:sv TVIS T . _ r Encl. � c.c. Ms. P.L. Barrie Clerk Municipality of Clarin ton Mr. A.L. Georgieff, Commissioner of Planningq,. ,_ I Planning Department Commissioner's Report to Planning Committee Report No. 98-P-57 Date: June 9, 1998 SUBJECT Application for a Provisional Certificate of Approval (A680295) for a Waste Disposal Site under Part V of the Environmental Protection Act by T.S. Environmental Services Ltd., Municipality of Clarington, File: 2.8.11 Communication dated April 16, 1998 from The Ministry of the Environment RECOMMENDATIONS 1. THAT the Ministry of the Environment be advised that the Region of Durham does not request a hearing by the Environmental Assessment Board for a proposed Certificate of Approval (A680295) by T.S. Environmental Services Ltd., located at 373 Lake Road, Bowmanville, in the Municipality of iClarington; and 2. THAT a copy of Commissioner's Report No. 98-P-57 be forwarded to the Ministry of the Environment and the Municipality of Clarington. REPORT 1. Origin 1.1 The Ministry of the Environment requests the Region's comments on the necessity of a hearing under Part V of the Environmental Protection Act, for an Certificate of Approval application by T.S. Environmental Services Ltd for a polychlorinated biphenyls (PCB) processing and transfer operation. 1.2 In the event that the Director of the Ministry of the Environment considers-it necessary to have a hearing under the Environmental Protection Act, the evidence heard will allow the Director to consider compliance with the Environmental Protection Act, nuisance factors, public interest or hazards to the health or safety. 40 Commissioner's Report No. 98-P-57 Page 2 1.3 The Council adopted procedure for the review of Certificate of Approval applications stipulates that applications involving hazardous waste requires a report to Planning Committee. 2. Back,round 2.1 PCB is a clear liquid which has the appearance of mineral oil. PCB was largely used as an electrical insulating fluid in transformers and capacitors. The use of PCB was banned in Canada in 1980. The concern with PCB is that it does not break down easily and is absorbed in the food chain and may cause cancer. 2.2 T.S. Environmental Services Ltd. has applied to the Ministry of the Environment to allow a PCB processing and transfer operatie4,loeated at-373 Lake Road, south of Hwy 401 in Bowmanville (see attached location Sketch). T.S. Environmental has been operating for approximately 7 years with a Certificate of Approval for two mobile units for PCB processing in Ontario. They now wish to operate in a permanent facility. I 2.3 The proposed operation would process and repackage PCB waste for final destruction in Swan Hills, Alberta. The following electrical equipment would be received at the site for processing from various locations throughout Ontario: • fluorescent lamp ballasts; • high intensity discharge ballasts from old street lights; • hydro transformers and switchgear; • underground lead and copper cable; and • any PCB contaminated material. The equipment would be dismantled so that parts containing PCB would be removed and placed into a secured drum for transport. Storage would be limited to a maximum capacity of 75,000 kg (75 metric tonnes) of unprocessed waste. 2.4 The processing operation would take place within trailers currently used in the mobile operation. The storage of PCB would take place in separate trailers and the entire area would be fenced for security. 41 I Commissioner's Report No. 98-P-57 Page 3 2.5 The subject property is designated "Employment Area" in the Durham Regional Official Plan and permits waste processing and transfer operations in this designation. The subject property is designated "Light Industrial Areas" in the Clarington Official Plan and zoned General Industry (M2). 2.6 The Council for the Municipality of Clarington approved a recommendation that the Ministry of the Environment be advised that the proposal conforms to the Clarington Official Plan and zoning by-law and requested the Ministry hold a public meeting on this matter. i 2.7 The Regional Works and Health Departments has reviewed the application and indicated no objections. 3. Comments 3.1 The subject site is located within an industrial park, removed from residential uses. The Municipality of Clarington is processing a site plan application i which will deal with issues such as building location, site development and fire safety. The Council of the Municipality of Clarington did not recommend a formal hearing under the Environmental Protection Act. However, Clarington Council did request the Ministry of the Environment to hold a public meeting. j - 3.2 The processing, transfer and storage of PCB waste is strictly regulated by Federal and Provincial governments. The Certificate will have conditions to ensure that the facility is operated properly with respect to handling PCB, record keeping and inspection. The existing process of disassembling, recovery and transfer of PCB contaminated equipment will not change, other than the establishment of a permanent location. 3.3 Many local hydro commissions and Ontario Hydro have approved PCB storage areas at their facilities. Often they use companies similar to the applicant's to dispose of PCB. 42 Commissioner's Report No. 98-P-57 Page 4 3.4 For the above reasons it is recommended that the Region advise the Ministry of the Environment that a hearing under Part V of the Environmental Protection Act is not requested. , A. L. Georgi C.I.P., R.P.P. Commissioner of Planning Attachment: Location Sketch RECOMMENDED FOR PRESENTATION TO COMMITTEE G ubitt, M.S.W., C.A.O. R:\CD\ENV\COFA\TSEENV.WPD.CD I 43 I KEY MAP MUNICIPALITY OF CLARI oN TG N Attachment: 1 N HIGHW4AY 4001--� Omni w SOUTHS� ER\jjCE O\yZ File: CERTIFICATE OF p Uj APPROVAL LAKE RD � v SITE °�o oNT, ,oHVOR° Municipality: MUNICIPALITY OF y/ESTBFI,CHRO 9y_ - CNR CLARINGTON --'- nLA °yam S �GNao LAKE ONTARIO HIG\401 l (� LOT 9 '. r LOT 8 'A �.. �. r � �r LgKE Rp �� ;t z SUBJECT CON BF SITE i 00 i i z ", CAR 0 0.05 0.1 10 HYDRO _ .---- -wi ometers ; _ __.---- ON rAR-- Kil - - 44 /_//` t A. COUNCIL INFORMATION I-22 In Case of Transmission Difficulties, Please Call 416-863-2101 Please Deliver To: Municipality of Clarington JUN 18 1144 AN '98 News Release Ontario Com munique Ministry of Ministere des Municipal Affairs Affaires municipales . and Housing et du Logement News release via Canada NewsWire, Toronto 416-863-9350 Attention News Editors: TENANT PROTECTION ACT TAKES EFFECT IN ONTARIO TORONTO, June 17 /CNW/ - The Tenant Protection Act was proclaimed today and took effect across Ontario, announced Municipal Affairs and Housing Minister Al Leach. "The new law is a balanced package that benefits both landlords and tenants, ' ' Leach said. " It reforms the system of rent regulation, ­improves the maintenance of rental buildings, and helps to create a better climate for t' e construction of new rental housing in the province. " The Act also establishes the new Ontario Rental Housing Tribunal, a quasi-judicial agency that will resolve disputes between landlords and tenants. Applications already underway will be resolved under the current si stem. The Tenant Protection Act reforms six pieces of existing legislation: The Rent Control Act , the Landlord and Tenant Act, the Rental Housing Protection f t, the Municipal Amendment Act, the Residents' Rights Act , and the Land Li ase Statute Law Amendment Act. The reform of Ontario's system of rent regulation began in June 1996, 4th the release of a discussion paper. Committee hearings were held across -- t e province, and legislation was introduced in November 1996. The bill rlcceived second reading in June 1997, then a second set of committee hearings were held during the summer months. The legislation received third reading in ( vember 1997. "This legislation protects tenants first and foremost , ' ' Leach said. ' 'At the same time, it gives the taxpayer a workable system of rent r,^gulation. BACKGROUNDER � 1`F?13tJ-1`10 N The Tenant Protection Act JR iGINH_l Tv:!_ Problems with the Current System nopl;:S T7r.ay. - The housing stock is rundown, and rental buildings across the p ' c e require billions of dollars in repairs. Maintenance is poor, and some rental buildings in the province have: hundreds of outstanding work orders for maintenance. There is little investment in rental housing, and very few- private - - sector rental units are being-.built in major cities. (more) _z- Vacancy rates are low in many cities, and tenants have few choices about where to live. The system is complex, and it can take months to have a basic dispute between a landlord and tenant settled in court. The Goals of the Tenant Protection Act - Protect tenants from unfair rent increases and arbitrary evictions. - Improve maintenance and get tough on landlords who fail to take care of their buildings. - Help to create a climate where people will invest in rental real estate. - Streamline 'administration and cut red tape to create a faster, fairer system. Consultation on the Tenant Protection Act - Studies by private consultants, including the Lampert Report identified the need for major changes to the system of rent regulation in Ontario. - The government consulted for one year with tenants, tenant organizations, landlords, landlord associations, developers, builders, and others interested in rental housing issues before introducing the Tenant Protection Act in the legislature in November 1996. - The Standing Committee on General Government conducted public hearings in nine communities during August and September 1996. The ministry i received more than 400 written submissions from across the province. - After the Tenant Protection Act received second reading in the legislature in June 1997, the Standing Committee on General Government held public hearings for a second time on amendments to the legislation. - The Tenant Protection Act received third reading in the legislature and royal assent in November 1997. - The Tenant Protection Act was proclaimed and took effect on June 17, 1998. i The Legislation - The Tenant Protection Act amends and combines six pieces of legislation, including the Rent Control Act, the Landlord and Tenant Act, the Rental Housing Protection Act, the Municipal Amendment Act, the Residents' Rights Act, and the Land Lease Statute Law Amendment Act . (more) i ' The Tenant Protection Act also amends the Building Code Act and the Planning Act . Tenant Protection Measures The rent control guideline remains in place, as does the method for calculating the guideline. The guideline is 3.0 per cent in 1998. A landlord must apply to the Ontario Rental Housing Tribunal to obtain a rent increase greater than the guideline. - There is a four per cent cap on rent increases greater than the guideline to cover the cost of capital repairs. i - A tenant can get only one rent increase each year. - A tenant must be given proper notice of a rent increase. - A tenant can apply for a rent refund for inadequate maintenance. - A tenant can apply for a rent reduction for reduced services. - A tenant can apply to challenge illegal rent increases and iljeg'al extra charges. .., - A tenant is protected from arbitrary eviction. - A tenant must be given proper notice when a tenancy is terminated. - A tenant maintains a right to privacy. I - A landlord is responsible for keeping the premises in good condition. i - A landlord is limited to collecting only the last month's rent as a deposit. Vacant apartments I - A landlord can negotiate a new rent for an apartment, after the tenant moves out and the apartment becomes vacant. - When a new tenant moves in, the new tenant is protected by rent control, and has all the other protections afforded all other tenants. Harassment - An individual convicted of harassing a tenant is subject to a maximum fine of $10, 000. - A corporate landlord convicted of harassing a tenant is subject to a maximum fine of $50, 000. (more) - " I -4- Maintenance - Property standards officers have the new power to issue a work order immediately to a landlord in cases where there is a violation of a property standard. - It is now an offence for a landlord to fail to comply with a work order within a set time frame. I - The maximum fine for a landlord who fails to comply with a work order is increased to $100,000. Conversions and Renovations - When major renovations require a tenant to vacate an apartment, the tenant has the right of first refusal to reoccupy the unit. - A landlord who converts a rental building to another use must provide each tenant with three months rent in financial compensation or relocate each tenant to other suitable accommodation. - If a landlord converts a rental building to a condominium, the tenants have lifetime security of tenure and a right of first refusal- to buy their unit . — • - -- - Municipalities maintain the ability to have official plan policies restricting the conversion of a rental building to a condominium. The Ontario Rental Housing Tribunal Disputes between landlords and tenants are moved out of the courts and into a less formal system of adjudication called the Ontario Rental Housing Tribunal. I The tribunal is an independent, quasi-judicial agency with the power to resolve all disputes about residential tenancies, and landlord and tenant matters. i - A landlord and tenant may be given the option of mediation to reach their own resolution of a dispute. - The tribunal consists of members who hear disputes and decide cases, mediators who assist in resolving disputes, and customer service staff who provide information to the public. Disponible en frangais /For further information: Jim Oyl, Ontario Rental Housing Tribunal, (416) 5B5-7604; Janet Mason, Housing Policy Branch, (416) 585-7019; Anne Dundas, Minister's Office, (416) 585-6486; Please visit the Ministry of Municipal Affairs and Housing's World Wide Website at http: //www.mmah. gov. on. ca/ 30 - Top 000UNCIL INFORMATION 1 -23 U o 0 o Membership June 12, 1998 Q Makes a Difference! Mayor Diane Hamre �G/,oerzs' P, Town of Clarington �tq F���11W) 40 Temperance Street Bowmanville Ontario ' L1C 3A6 es u•. :�.y E � JUN 1 8 199B Dear Mayor Hamre: i,GIPALITY OF CLAP VC-T-10* �,;.�YO+i's UFFlCE As you probably know, the residential construction industry in the Greater Toronto Area has been beset by a series of labour disruptions which may affect homebuyers in your community. As the strikes may also impact on your building permit and development charges revenues and cash flows, we wish to take this opportunity to advise you as to the facts of the matter and the status of the various strikes. Who's on strike? o Six trades are on strike. The drywall workers went on strike May 1 st. The trim carpenters- went on strike May 15th. The concrete& drain, concrete forming and framing carpenters went on strike June 1 st. The sheet metal workers went on strike June 8th. What do they want? o The key trades noted above have rejected final offers of at least 12% over 3 years. In the case of the drywallers, the final offer was 19.5% minimum over 3 years. What's the reality? o By anyone's standards, the above offers are.generous. According to the Ontario Ministry of Labour, wage settlements in the first quarter of 1998 (public and.private sector) averaged 1.8%, down from 2.0%throughout 1997. Despite what you may have read in the media, we are not in a housing boom. "Boom" is a relative term. Relative to the early to mid `90s, anything would feel like a boom, but relative to the late `80s, we are building just enough homes to satisfy average long-term demand. Furthermore, there is no comparison to the late `80s. Volumes are lower, prices are lower, supply is not an issue and there is no inflation. How are the strikes impacting homebuyers? o The homebuyers most directly and severely affected by the strikes are those whose homes were right at the drywall stage when that strike.began. Very few, if any builders, would have built seven weeks (and counting) of slack time into their production schedules and so these buyers have been or will be subject to delayed closings. Builders who have attempted to exercise their legal right to complete homes using non-union trades have been prevented from doing so through the intimidation tactics of the unionized workers. We have numerous reported cases of threats, violence and vandalism. .../2 NATIONAL NOME SNOW METRO HOME SHOW KITCHEN$BATH HOME S 8 o W C A s S SHOW 20 Upjohn Road, North York, Ontario, Canada M313 2V9 Telephone (416)391-3445 FAX (41 6) 391-2118 E-Mail:gthba @newhomes.ora i Page 2 How will the strikes affect municipalities? o As noted above, the strikes may impact on your cash flow and revenues from building permits and development charges. If you are home to any of the hundreds of manufacturers and suppliers to the industry, the strikes are already leading to layoffs in your community. The summer employment opportunities for your local students are also quickly diminishing as builders, manufacturers and suppliers lay off their own staffs. What is GTHBA doing about the situation? o Contrary to what you might expect, home builders are not directly"involved in the negotiations, nor is the GTHBA. The disputes are between the owners of the trade companies, represented by various contractors associations, and the tradesmen they employ, who are represented by the unions. The one contract(site labourers)that is negotiated by the builders(via a third party organization) has been settled forarmw time._-.__ That said, the GTHBA is not prepared to tolerate the current situation any longer and has retained legal counsel to investigate remedies which may be available to the Association and its builders. We have also retained Government Policy Consultants to investigate potential political and/or legislative solutions. The GTHBA and its individual builder members are committed to their homebuyers. We are - attempting to do everything we can think of to bring about a speedy resolution of these strikes and to get our buyers into their new homes as quickly as possible. Any support you could lend ! would be most appreciated. We hope that this letter is helpful to your understanding of the issues and we would ask that you copy it to all members of your Council and senior staff to assist them in dealing with any enquiries they may receive. If you require any other information of us, please do not hesitate to contact Vince Brescia, our Director of Government Relations, at 416/391-3445 x 305. Yours sincerely DIST Mary Lawon President i QRIuINAL T . CCi'IES TQ: i --._-... COUNCIL INFORMATION I-24 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES - NO. 5 EXECUTIVE COMMITTEE MEETING Tuesday, June 2, 1998 5.00 p.m. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA i Present: R. Johnson, Chairman D. Moffatt, Vice-Chairman A `:.. I. Harrell J. Drumm J. Gray G. Emm M. Novak I J.R. Powell, Chief Administrative Officer S.L. Hanson, Director - Corporate Services D. Wright, Director - Environmental Approvals & Planning R.P. Sisson, Director - Environmental Engineering Services M. Hrynyk, Superintendent Mrs. K.L. Tate, Executive Secre t#Y The Chairman called the meeting to order at 5:04 p.m. DECLARATIONS OF INTEREST - None ADOPTION OF MINUTES of meeting of Tuesday, May 5, 1998 i Res. #40 Moved by J. Gray - -- Seconded by M. Novak THAT the Executive Committee Minutes of May 5, 1998 be adopted as circulated. CARRIED If EXECUTIVE COMMITTEE MINUTES - JUNE 2, 1998 - PAGE 2 ` DIRECTOR - CORPORATE SERVICES REPORTS (1) Staff Report #4251-98 1998 Budget Estimates (NOTE: SEPARATELY BOUND BUDGET PREVIOUSLY CIRCULATED TO EXECUTIVE MEMBERS ONLY) Res. #41 Moved by I. Harrell Seconded by J. Drumm THAT Staff Report #4251-98 (attached as Schedule 3-1 to 3-3 of June 2198) be accepted; and, THAT the 1998 Budget be amended to incorporate an economic adjustment to qualifying permanent and long term contract staff wages of., 3.7 per cent effective April 1, 1998 2.5 percent effective January 1, 1999 2.5 per cent effective January-L-2QOQ;_.and,� THAT the Region of Durham be requested to amend the future base funding allocations to CLOCA to incorporate the economic adjustment to wages; and, THAT the Region of Durham be requested to increase the 1998 base allocation to CLOCA front $1,207,350 to $1,234,350; and, THAT the 1998 Budget as amended be recommended for approval by the CLOCA Board of Directors. CARRIED At this point, M. Novak was excused from the meeting (5:36 p.m.). j DIRECTOR - ENMONMENTAL ENGINEERING SERVICES REPORTS i (1) Staff Report #4249-98 Administration Office Proposed Upgrades i Res. #42 Moved by J. Drumm Seconded by J. Gray THAT Staff Report#4249-98 (attached as Schedule 4-1 to 44 of June 2198) be received; and, THAT staff be directed to initiate Phase 2 of the Administration Office Upgrade, excluding paving of the driveway, at a maximum cost of$35,000.00, and that Phase 3 be considered during 1999 budget deliberations. CARRIED EXECUTIVE COMMITTEE MINUTES - JUNE 2, 1998 - PAGE 3 .ENERAL SUPERIN'TENDENT'S REPORTS (1) Staff Report #4252-98 (attached as Schedule H-1 of June 2198) Lynde Shores Conservation Area - Public Washrooms Res. #43 Moved by J. Drumm Seconded by G. Emm THAT staff be directed to proceed with the decommissioning of the two public washrooms at the Lynde Shores Conservation Area; and, THAT the need to replace the washrooms be addressed through the Management Plan process. CARRIED Res. #44 Moved by D. Moffatt y �' Seconded by J. Drumm THAT the meeting convene `'In Camera"to discuss property and personnel matters. CARRIED ,es. #47 Moved by J. Drumm Seconded by J. Gray f i THAT the meeting reconvene.. ,I CARRIED es. #48 Moved by I. Harrell Seconded by J. Drumm THAT the actions of the "In Camera"session be adopted. CARRIED wfUINICIPAL AND OTHER BUSINESS . Emm requested that staff monitor developments associated with the Hess pit adjacent to Heber Down �Conservation Area. . Moffatt updated members on the release of the Tonks Report on the GTSB as tabled with the Hon. Al Leach earlier in the day. EXECUTIVE COMMITTEE MINUTES - JUNE 2, 1998 - PAGE 4 , ADJOURNMENT Res. #49 Moved by G. Emm Seconded by I. Harrell THAT the meeting adjourn. CARRIED The meeting adjourned at 6:05 p.m. i I i I i i CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY i DATE: May 28, 1998 SCHEDULE 3-1 OF JUNE 2/98 FILE: S.R.: 4251-98 APPROVED BY C.A.O. MEMO TO: The Chairman and Members of the Executive Committee FROM: Sandra L. Hanson, Director - Corporate Services SUBJECT: 1998 Budget Estimates Rased on direction provided at the May 5, 1998 Executive Committee meeting, staff have developed the 1998 3udget estimates. The highlights of the proposed budget and the 1998 program delivery are as follows: (Please see attached Budget Book, separately bound, for details.) I "roerar s and Services Budget estimates support programs and services that allow the Authority to provide local governments/ esidents with the knowledge and advice they need in order to be confident that their decisions are reasoned, .esponsible and defensible from the perspective of protecting water and water related natural resources. -resentation Format fhe budget presentation format is structured into program delivery areas. This structure is consistent with the format established in 1996, modified to conform with recommended GTA Conservation Authorities _ eporting format. '996 and 1997 Actual Comparatives ,he 1996 and 1997 actual expenditures and revenues have been stated for comparative purposes. ieneral Levy The budget has been prepared with the assumption that the Regional Levy will be maintained at the 1997 level of funding. Formal approval of the allocation from the Region will not be received until after their budget has been approved. Based on population figures supplied by the Ministry of Municipal Affairs, the annual per capita Region of Durham contribution supporting watershed management is $5.15 per person. Pro-i incial Transfer Payments Provincial grants are available for flood warning/flood forecasting, plan review and watershed technical studies. The Authority has received approval for all government grant allocations included in the budget. cont'd.....2 S.R. #4251-98 May 28, 1998 Page 2 SCHEDULE 3-2 OF JUNE 2/98 Staffing and Benefits • No economic adjustment to base salaries of permanent staff. Fees for Services • Estimates for revenues are based on fees approved by the full board. Property Taxes • Assumption that the net property tax cost to the Authority will remain the same as 1997 after the reassessment and conservation land tax exemptions and managed forest rebates have been applied. Watershed Management and Health Monitoring (see pages 10-12 of the Budget Book) i • Proactive involvement on committees with the region, municipalities, public interest groups and the development community to provide input and/or management of natural heritage features of the watersheds. • Development of watershed strategies where appropriate with local municipalities. • Internal operation of the floodforecasting/flood warning program will be restructuft—d,-end-attention will be given to designating training to staff for flood emergency response. • Develop and conduct biological stream monitoring programs that will provide updated information for our programs and regional and municipal plan review. l • Continue with implementation of natural resource inventory data gathering. • Implement Natural Heritage/Hazard Framework and finalize data standards. • Update natural hazard limits associated with floodplain, stream erosion steep slopes and meander belts. Environmental Plan Review and Regulation Services (see pages 13-14 of the Budget Book) Plan Review • Continuing "Partnership Memorandum" with the Region of Durham delivering provincial planning devolution responsibilities. • Maintain commitment to municipalities to work co-operatively on subwatershed planning and stormwater management issues. • Develop comprehensive policy and implementation document to provide consistent input and review standards. The policy development includes EIS guidelines with specific guides for the review of golf courses. Regulation Services • Complete Fill Line Mapping Program as per new Generic Regulations standards. • Review and revise water management regulations to reflect changes in Conservation Authorities Act and proposed `generic' Conservation Authority Regulation. • In association with the City of Oshawa, develop a comprehensive Two-Zone Floodplain Management Strategy for the administration of the Authority's Regulation in the area of the Goodman Creek flood damage centre. • Further streamlining of the Regulations permitting system in order to simplify the processing and tracking of permits. cont'd.....3 S.R. #4251-98 May 28, 1998 Page 3 SCHEDULE 3-3 OF JUNE 2/98 Watershed Stewardship Services (see pages 15-16 of the Budget Book) • Continue a program of partnerships, providing technical expertise in conservation techniques, including but not limited to bioengineering, stream rehabilitation, erosion control and forestry. • Continue involvement in co-operative program with the Second Marsh Project. Land Management (see pages 17-20 of the Budget Book) • Completion of Management Plan at Lynde Shores CA. • Primary and secondary signage for Enniskillen, Heber Down and Long Sault CA's. • Provide conservation education program opportunities for over 12,000 students within the watershed. Provide recreation opportunities for seasonal camping, hiking, cross country skiing, bird watching throughout the watershed. j Provide maintenance and servicing on our landholdings and facilities. i Vehicles.& Equipment (see pages 23-24 of the Budget Book) Trade in and replacement of 1992 Grand Prix. .. Corporate Services (see pages 25-26 of the Budget Book) jDevelop fundraising strategy for Authority and Fund. • Complete upgrade of computer network system initiated in 1996. Transfer corporate records/reports into new integrated Information Management System. Undertake capital improvements at Administration Office in Oshawa. • Rewrite job descriptions, update compensation plan and personnel policies to ensure compliance with current employment legislation, pay practices and industry standards. 2ECOMMENDATION.• THAT Staff Report#4251-98 be accepted; and, .''HAT the 1998 Budget in the amount of$2,200,000 be recommended for approval to the Full Board. I i LH/klt Attach.(separately bound) --\reports\s r425198.doc i CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: May 28, 1998 SCHEDULE 4-1 OF JUNE 2/98 FILE: APPROVED BY C.A.O. S.R.: 4249-98 MEMO TO: The Chairman and Members of the Executive Committee FROM: Perry Sisson, Director - Environmental Engineering Services SUBJECT: ADMINISTRATION OFFICE PROPOSED UPGRADES In October 1997, the Executive received an information report regarding proposed upgrades to the CLOCA Administration Office driveways, parking lots, walkways, and landscaping (see attached Staff Report 4191- 97). The improvements were proposed to occur in three phases, with Phase 1 being a geotechnical study, design of the proposed improvements, removal of sidewalk and curb sections, installations of traffic barricades, and a new Administration Office sign. The Executive directed staff to initiate Phase 1 of the project, and these works were completed in the fall of 1997 at a cost slightly less than the $12,000.00 budget. Phase 2 works were proposed for 1998, and include excavation of the existing driveway,19-aceinent-of- granular bedding,.installation of concrete curbing, installation of paving stone walkways, and general landscaping with a budgeted cost of$35,000.00. Staff have requested a cost proposal from the contractor conducting the work on Whiting Avenue in an attempt to take advantage of lower unit prices for driveway reconstruction and curbing (walkways and landscaping not included). The proposed price from the contractor is $39,870.00 plus GST and is considerably more than the budgeted amount. Price checks were provided ' from two other contractors to confirm that the proposed price is reasonable. The current difficulties with the driveway include traffic flow adjacent to the Conservation Centre, icing of the initial entrance area in the winter time, and general deterioration of the asphalt. These difficulties can be overcome by proceeding with pulverizing of the driveway, regrading, curbing, and placement of a granular- base. Asphalt surfacing of the driveway could be deferred. This will resolve the above noted difficulties and i allow us to install walkways and complete landscaping for a professional appearance to the entrance. The driveway will be left in a granular finish, and can easily be paved in the future. The cost for the driveway work without asphalt finishing and landscaping, can be completed within the $35,000.00 budget. The Phase 3 work proposed for 1999 included paving of the north and south driveways at a budgeted cost of $21,000.00. Current proposals for this work support the budgetary figure. If paving of the driveway is deferred from phase 2 works and added to phase 3, the 1999 budget would increase to approximately $35,000.00. I RECOMMENDATION: THAT Staff Report #4249-98 be received; and, i THAT staff be directed to initiate Phase 2 of the Administration Office Upgrade, excluding paving of the driveway, at a maximum cost of$35,000.00, and that Phase 3 be considered during 1999 budget deliberations. RPS/klt Attachments j g:\cng\exec1.doc s:\reports\sr424998.doc I I CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: October 1, 1997 SCHEDULE 4-2 OF JUNE 2/98 FILE: S.R.: 4191-97 APPROVED BY C.A.O. MEMO TO: The Chairman and members of the Executive FROM: Perry Sisson, Director of Environmental Engineering and Sandra Hanson, Director of Corporate Services SUBJECT: ADMINISTRATION OFFICE PROPOSED UPGRADES I .hack round: le existing driveway and sidewalk system at the CLOCA office is in a state of disrepair aud_.poses._several safety concerns. Specifically, sidewalks have cracked and heaved to the point of being a potential hazard for nedestrians, and the driveway configuration allows for incoming traffic to pass through the area where ,LOCA vehicles are attempting to back out of the garages. Additionally, there has been a significant problem with drainage and icing of the main driveway in the winter months. le City of`Oshawa will be tendering for the reconstruction of Whiting Avenue in early 1998. CLOCA's share of the road construction is $18,550.00 to be assessed by the City of Oshawa. There is an opportunity have the contractor selected for Whiting Avenue extend the resurfacing work into the CLOCA office at a otential cost savings. oncept Plan. The attached concept plan has been prepared by staff to address safety issues, maximize the usefulness of xisting driveways and parking lots, and provide a professional appearance. Staff have met with the City of ,)shawa, and have achieved a mutually satisfactory concept for the transition from Whiting Avenue to the CLOCA office. Implementation: i :ity of Oshawa staff indicate that they would be willing to undertake the design and administration of the CLOCA project at a rate equivalent to private consulting fees. CLOCA staff are comfortable that both the esign and implementation of the project can be handled internally and are proposing phasing of the project as )llows: cont'd.....2 it S.R. #4191-97 -2- October 2, 1997 SCHEDULE 4-3 OF JUNE 2/98 Estimated Cost (Includes GST) Phase 1 - 1997 a) undertake geotechnical investigation of soil competency and possible contamination $ 3,500.00 b) conduct detailed design based on geotechnical recommendations and concept plan. in house Note: if geotechnical study identifies contaminated soils, an alternate plan will be prepared. c) remove and dispose of existing sidewalk, curb, south parking lot flower bed and $ 2,500.00 remove existing entrance gate d) prepare limestone screening base for future walkway (temp sidewalk) $ 1,300.00 e) construct drainage swales $ 2,500.00 f) prepare and erect main entrance sign, install traffic signs $ 2,200.00 install temporary traffic barricades in house TOTAL - PHASE 1 $12,000.00 1 Phase 2 - 1998 a) sub-excavate driveway to competent ground and place granular A - $ 2,000.00 b) driveway resurfacing $ 16,500.00 c) install concrete.durbs and adjust catchbasin grate S.'-q_ {lg d) install paving stone walkway $ 4,500.00 e) landsca pe entrance area $ 3,000.00 TOTAL - PHASE 2 $ 35,000.00 Phase 3 - 1999 a) resurface east parking lot $ 13,500.00 b) [resurface west parking lot $ 7,500.00 TOTAL - PHASE 3 $ 21,000.00 Note: This estimate is provided based on a proposal from a geotechnical consultant and unit costs for typical resurfacing projects. Budget I The $12,000 cost for implementing Phase 1 of the project is already included in the 1997 budget estimates. Completion of Phases 2 or 3, or components thereof, will be considered during the 1998 and 1999 budget deliberations. The costs for components c), d) and e) of Phase 2 can be done with the same amount as the 1997 budget allocated for Administration Office upgrades and would at the least restore the areas disturbed through Phase 1 of the project. EXECUTLVE COMMITTEE RESOLUTION NO. 50197 DATED OCTOBER 7 1997. THAT Staff Report #4191-97 (attached as Schedule 4-1 to 4-3 of Oct. 7197) be received; and, THAT staff be directed to initiate Phase I of the project and that Phases 2 and 3 be considered during the 1998 and 1999 budget deliberations. i /ms i l SCHEDULE 4-4 OF JUNE 2/98 fiVa� 100 WHITING AVENUE OSHAWA, ONTARIO LEGEND 1 Asphalt Surfaces RM Interlocking Stone Sign (CLOCA) * Traffic Signs 10 PHASE 1 COMPONENT 2Q PHASE 2 COMPONENT i� 3Q PHASE 3 COMPONENT Vw MO rtEMUtS D.M nrtlK C/ST�WJG tD! Central Lake Ontario ' Conservation Authority O Administration Office 3 \ PROPOSED UPGRADE DESIGN BY: / Environmental & Engineering Services ,�� s�On i or sw.L czoo D'TL OCtCVFR X99) f1LE: D:\AD1AIN\aL0}IN.0WG CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY SCHEDULE H-1 OF JUNE 2/98 DATE: June 2, 1998 FILE: S.R.: 4252-98 APPROVED BY C.A.O. C i MEMO TO: The Chairman and Members of the Executive Committee FROM: Mike Hrynyk, General Superintendent I SUBJECT: Lynde Shores Conservation Area - Public Washrooms i The Lynde Shores Conservation Area has two public washrooms in the southwest corner of the parking lot off Victoria Street. These washrooms, approximately 25 years old, are wooden in structure and have been placed over 1,000 gallon concrete holding tanks. As part of our annual facility maintenance checkup staff inspected for possible leakage of,the holding tanks. Test results have confirmed that a high concentration of coliform bacteria is leaking from the tanks into the adjacent creek system. Staff are suggesting that the washrooms be decommissioned and not replaced at this time. The need for washrooms at the Lynde Shores Conservation Area as well as their proper location will be dealt with as part i of the Management Plan report to be completed later this year. RECOMMENDATION. THAT staff be directed to proceed with the decommissioning of the two public washrooms at the Lynde Shores Conservation Area, and, THAT the need to replace the washrooms be addressed through the Management Plan process. � 1\1-1/ms OXCAMY11 In Case of Transmission Difficulties, Please Call 416-863-2101 25 Please Deliver To: Municipality of Clarington I- JUN 1 Z -25 COUNCIL INFORMATION °SUWGIPALITY OF CLARINGTON Ministry of Minist6re des ly 2M 41 MAYOR'S OFFICE Municipal Affairs Affaires muoieipates and Housing of du Logemant Office of the Minister BUMOU du ministre 777 Bay Street 777 rue Ba Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel(416)585-7000 T61(416)585-7000 June 12, 1998 a ";'" } Dear Head of Council: The government has been reviewing housing and support services for people with special needs. As a result,we are pleased to announce two decisions,which will strengrheu:.and_. enhance community-based services for people with special needs. These decisions will save municipalities more than$54 million annually in housing costs related to devolution. Two programs will be impacted: 1. Dedicated Supportive Housing The province will assign responsibility for administering and funding dedicated supportive housing to the ministries of Health and Community and Social Services, rather than transferring it to the municipalities. This will save municipalities approximately $40 million annually province-wide. The move will streamline the administration of dedicated supportive housing by providing single-source funding for services and housing. At the same time, it will assist municipalities by providing them with a more homogeneous social housing portfolio to administer. i "Dedicated supportive housing"projects are social housing projects that are entirely occupied by tenants who require support services to live independently in the community and where there is a single provider for the housing and support services. Dedicated supportive housing providers already have a funding relationship with the Ministry of Community and Social Services or the Ministry of Health for the support service funding. Dedicated supportive housing may serve individuals with special needs including: individuals with developmental disabilities, people with mental illness, frail elderly individuals, and people with addiction problems. /2 ! 1 Head of Council This change is retroactive to January 1, 1998. This means that the annual statement of account related to the local services realignment provided by the Ministry of Finance on March 30 will be reduced by the appropriate amount in the affected municipalities. This adjustment will also be made on the invoices municipalities will receive shortly for services that the province is continuing to deliver on behalf of municipalities during the transition period. Funding available to municipalities through the Community Reinvestment Fund for 1998 will not be affected. We will be announcing shortly a process to develop standards for supportive housing units that are part of portfolios being devolved to municipalities. You will be hearing more about this in the next few weeks. In the meantime, work progresses on the reform of the social housing system. I expect to receive recommendations within the next few months from the Social Housing Committee. This government remains committed to simplifying the administration of social housing while protecting the tenants and members who live in it. An enclosed chart identifies the costs of dedicated supportive housing in each municipal billing area. If you have questions about this information, please contact*the ministry's Regional Housing Office in your area, 2. Dorniciliary Hostels During its community consultations in nine different municipalities, the provincial Task Force on Homelessness heard that domiciliary hostels was an area requiring further review within the context of all housing for individuals with needs. In response to an early recommendation of the Task Force on Homelessness, the province will assume major funding responsibility for domiciliary hostels. The province will fund 80 per cent of domiciliary hostel costs, retroactive to January 1, 1998. Municipalities will be reimbursed for this percentage of 1998 costs at the end of the year. This move will save municipalities more than$14 million annually. /3 I I I i i - 3 - Head of Council This decision is consistent with a resolution made at a recent meeting of the Ontario Municipal Social Services Association that the province restore 80/20 funding until the domiciliary hostel program can be reviewed as part of a broader review of other housing programs for individuals with special needs. Details associated with the implementation of this funding change will be sent to municipalities later in June. We are confident that these decisions will simplify and align services at the level where they make the most sense, and ultimately allow the province to provide a continuum of housing and support services fox persons with special needs. _ Sincerely, y V Al each Minister Enclosure "1 ION ULERK.�� AClt. BY �C0P1fS T0: 1�L`� ti l t s ee�f ate 5 Supportive Mousing Allocation Description of Calculation pportive Housing Savings Allocated Area Calculation Area ETilling Recipients By Weighted Assessment GTA GTA- Durham Durham_ R $1,605,925 Halton Halton R _ $1,644,768 Peel Peel R $4,156,763 Toronto----Toronto _ $11,784,329 York York R $3,365,237 $22,666,523 Regional Municipalities Haldimand-Norfolk R Haldimand-Norfolk R $149,931 outside GTA Hamilton-Wentworth R Hamilton-Wentworth R $1,122,871 (except Sudbury) Muskoka D Muskoka D $63,385 Niagara R Niagara R $689,953 Ottawa-Carleton R Ottawa-Carleton R _ $1,139,193 Waterloo R Waterloo R $680,970 Counties without a separated Bruce Co Bruce Co $104,549 municipality Kent C Chatham-Kent_City $68,627 Dufferin Co Dufferin Cc $200,396 Haliburton Co Haliburton Co $0 Huron Co Huron Co $56,154 Lambton Co Lambton Cc $406,420 Lennox and Addington Co Lennox and Addington Co $39,028 Northumberland Co Northumberland Co $441,770 Oxford Co Oxford Co $343,841 Prescott and Russell Co Prescott and Russell Co $24,630 Prince Edward Co Prince Edward Co $117,976 Victoria Co Victoria Co $140,939 Counties with a separated Brant Co Brant Co $108,272 municipality Brantford C $282,914 Elgin Co Elgin Co $156,594 St Thomas C _ _ $105,516 Essex Cc Essex Co _ $172,223 -_ Pelee Tp $917 Wind5or C i $255,504 Counties with a separated Frontenac Co Frontenac Rd of Mgnt $48,803 Kingston C $197,802 Grey Co Grey Co $295,367 Supportive Housing Allocation Description of Calculation Supportive Housing Savings Allocated Area Calculation Area Billinb Recipients By Weighted Assessment Owen Sound C $104,109 Hastings Co Hastings Co $205,863 Belleville C $324,767 Quinte West C $214,813 Lanark Co Lanark Co $61,388 Smiths Falls ST $10,536 Leeds&Grenville Co Leeds&Grenville Co $189,710 Prescott ST $11,473 Brockville C $85,799 Gananoque ST $16,665 Middlesex Co Middlesex Co $84,641 London C _ $498,225 Perth Co Perth Co $67,688 _ Stratford C $76,027 St Marys ST _ $15,699 Peterborough Co Peterborough Co _ $187,196 Peterborough.C $190,512 Renfrew Co Renfrew Co $156,701 Pembroke C $29,976 Simcoe Co Simcoe Co $922,982 Barrie C $296,875 Orillia C $108,312 Stormont, Dundas&Gleng Stormont,Dundas&Glenga $137,816 Cornwall C $104,034 Wellington Co Wellington Co $93,291 Guelph C $145,239 r . i f Supportive Housing Allocation Description of Calculation ents Supportive Housing Savings Allocated Area Calculation Area Billing Recipi By Weighted Assessment Northern districts with all ParjSound D _ Parry Sound D Welfare Ad $133,623 municipalities Rainy River D _ Rainy River D Welfare Adm $361,257 Sudbury D_ Sudbury D Welfare Admin $424,634 participating in a DWAB Sudbury $0 Northern districts without all Algoma D Algoma D Welfare Admin E 1 $64,980 municipalities Sault Ste Marie C $188,970 Cochrane D Cochrane D Welfare Admi $149,331 participating in a DWAB Timmins C $201,430 Nipissing D Nippissing District Welfare $154,035 North Bay C $405,535 Northern districts without a Kenora D )gnace Tp $809 DWAB Sioux Narrows Tp $979 Keewatin T $1,641 Jaffray Melick T $3,460 Kenora T $10,358 Machin Tp $1,100 Dryden C $11,618 Ear Falls Tp $524 Sioux Lookout T $2,139 Red Lake T $1,234 Kenora D(con'd) Golden Tp $1,902 Pickle Lake Tp $246 Manitoulin D Tehkummah Tp $6,849 Central Manitoulin Tp $26,058 Sandfield Tp $0 Assiginack Tp $16,802 Northeastern Manitoulin & $38,021 Billings Tp $14,585 Gordon Tp $10,984 _Gore Bay T $9,630 Burpee&Mills Tp i $9,457 Northern districts without a Manitoulin D (con'd) Barrie Island Tp �, $1,788 DWAB _ Cockburn Island Tp $2,012 Rutherford&George Island 1 $4,800 Supportive Housing Allocation Description of Calculation Supportive Housing Savings Allocated Area Calculation Area Billing Recipients By Weighted Assessment Thunder Bay D Neebing Tp S10,303 Thunder Bay C $1,115,240 Gillies Tp - — $2,682 O'Connor Tp $4,484 _ Con mee Tp $4,214 Oliver&Paipoonge Tp $43,739 Shuniah Tp $39,270 Dorion Tp $4,058 Red Rock Tp $16,872 Nipigon Tp $11,608 Schreiber Tp $7,502 Terrace Bay Tp $28,479 Marathon T $34,756 Manitouwadge Tp $9,213 Geraldtori T $13,593 Nakina Tp $1,536 Loriglac T $12,962 Beardmore Tp $5,778 Timiskaming D Coleman Tp' $1,384 Latchford T $365 Cobalt T _ $1,023 Haileybury T $7,464 _ Harris Tp $971 Dymond Tp $5,429 _New Liskeard T $10,226 _ H udso_n Tp_ $1,367 Kerns Tp $882 Harley Tp $867 Timiskaming D(con'd) Casey Tp _ M $509 Northern districts without a Brethour Tp , $191 DWAB(con'd) Hilliard Tp $321 Armstrong Tp $2,000 Thornloe V i $106 James Tp $745 Supportive Housing Allocation 13mription of Calculation Supportive Housing Savings Allocated Area Calculation Area Billing Recipients By Weighted Assessment Dack Tp $683 Charlton T $292 Evanturel Tp $1,135 Englebart T $2,619 Chamberlain Tp $1,314 Matachewan Tp $361 McGarry Tp $509 Larder Lake Tp $1,048 Gauthier Tp $168 Kirkland Lake T $12,480 c 55 COUNCIL INFORMATION 1_26 GTA MAYORS &REGIONAL CHAIRS COMMITTEE JUN Z3 IZ 16 PH $99 FRIDAY, JUNE 19, 1998 Moved by: Mayor Peter Robertson- Brampton Seconded by: Councillor Doug Holyday-Toronto THAT the GTA Mayors and Regional Chairs meet with the Federal Minister of Transport to discuss the Federal Government's participation in funding with public transit particularly with GO Transit and the link to the Airport and including Union Station, CAMED 1.f ; ACK. BY 1 COPIES r r r GTA MAYORS & REGIOIAL CHAIRS COMMITTEE JUN 23 IZ 16 PM 098 FRIDAY,JUNE 19, 1998 Moved by: Mayor Hazel McCallion - Mississauga Seconded by: Mayor Don Cousens - Markham i WHEREAS the Provincial Government transferred GO Transit to the GTA municipalities Effective January 1, 1998; and V4MREAS the Provincial Government has eliminated transit subsidies,both capital and operation; and W11EREA5 there is a need to expand the GTA transit systems, both GO Transit and local transit, now and in the future; I THEREFORE the GTA Mayors&Regional Chairs request that the provincial Government allocate a portion of the existing provincial fuel tax to the municipalities il-i order to adequately help fund the necessary expansion and operating costs,now and in the future, of the GTA transit systems; and I THAT the request of the GTA Mayors & regional Chairs for the allocation of a portion of the provincial fuel tax be referred to Premier Mike Harris, The Honourable Ernie Eves, Minister of Finance and The Honourable Tony Clement, Minister of Transportation. CARRIED r••-•To,oa Ary. . .19/98 ZZ:13:59 EST; ASSOCIRTION OF`?-> 905 GZ3 0830 CLERK-Clarington Mun Page 00Z JUN-19-98 FR I 04:04 Phi Ah10 FAX N0, 4169716191 P. 01/01 COUNCIL INFORMATION 1-27 Member Communication, Association of Municipalities of Ontario For Your 393 Unlvornity Avonuo,Sulto 1701 Toronto, ON Msa Ire n f o r r a t i o n Tel:(41 871.8966- urn .mu 871-,1 rn email:emo4�mo.munloom.00m For Immediate Attention June 19, 1998 FYI - 98/023 SOCIAL HOUSING UPDATE FACTS: Social Housing Reform The provincially appointed Social Housing Committee continues to meet to develop recommendations to the Minister of Municipal Affairs and Housing on social housing reform. Due to ongoing discussions at the Social Housing Committee, the time lines for the release of the Social Housing Committee consultation paper has been delayed until mid-July, The deputations to the Committee originally scheduled for July 8 to July 16th (see AMO FYI 98/018) have been postponed, and will likely take place in September. Supportive Housing and Domiciliary Hostels On June 12'", the Government announced that it will assume approximately$54 million in costs for supportive housing and domiciliary hostels across Ontario. The Province will transfer about $40 million in dedicated supportive housing costs to the Ministry of Community and Social Services and the Ministry of Health.This represents approximately 5,400 housing units in 550 dedicated supportive housing projects which are entirely occupied by tenants who require support services to live in the community, Previous cost estimates for social housing will be reduced by the appropriate amount j (retroactive to January 1, 1998) for dedicated supportive housing in affected municipalities, The Province also announced that it would fund 80% of domiciliary hostels, which the Government had previously decided would be 100% municipally funded. This decision is expected to result in municipal savings of approximately$14 million. The Province intends to reimburse municipalities for the 80% of domiciliary hostel costs for 1998 at the end of the year. Details regarding the implementation of this funding change will be forwarded to municipalities in late June. Action: The Minister of Municipal Affairs and Housing has written to all Heads of Council to provide additional details regarding funding changes to dedicated supportive housing and domiciliary hostels. Municipalities requiring further information are advised to call the Ministry's Regional Housing Office in their area. i This information is available through!AMO's MUNICOM network at www.municom.com. For more information contact: Jill Vienneau, Senior Policy Advisor, Policy and Goverment Relations at (416) 971-9856 ext.314 or email: ivienneau @amo.municom.com Transmission problems contact: Carleeri Newland (416) 971-9856 ext.300 COUNCIL INFORMATION I-28 Ministry of Citizenship, Ministere des Affaires civiques, Culture and Recreation de la Culture et des Loisirs Minister Ministre Floor 6e etage 77 77 Bioor Street Wd�1! 23 12 �or fXBVouest Toronto ON M7A 2 M7A 2R9 Ontario Tel.:(416)325-6200 Tei. :(416)325-6200 Fax:(416)325-6195 Telec.:(416)325-6195 0 T June 12, 1998 JUN 1 9 1998 E` - ;, ' a+lt1NIGWALITY OF CLARtNGTON w' y MAYOR'S OFFICE Mayor Diane Harare Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor Harare: I am pleased to extend an invitation to your Municipality to bid to host the 2000 Ontario Winter or Summer Games. Held every two years,the Games are the highest profile multi-sport competition for amateur athletes in Ontario. The Winter Games traditionally take place in March followed by I the Summer Games in August. The Ontario Games are designed to strengthen sport development,promote the benefits of sport to youth and local communities, build partnerships, and provide the opportunity for Ontarians to learn more about themselves. Attached are the Ontario Summer and Winter Games Bid Guidelines to assist you in formulating your bid proposal. The 2000 Games are particularly significant,given that they will take place in the Millennium year. It is anticipated that many communities will want to become involved to showcase their community in 2000. The Ontario Games have a significant impact on the economy of the host community and create a sense of recognition and civic pride among the residents. The Games develop volunteers and facilities, which leave a legacy of both human and financial resources that enhance the community long after the closing ceremonies. The 1996 Ontario Summer Games held in London hosted close to 3,000 athletes, mobilized 2,000 community volunteers and had well over 15,000 spectators involved in their Games, leaving the city with a financial legacy and new sport opportunities. Municipalities interested in submitting a bid to host these Games must ensure that their bid is received by this Ministry on or before September 25, 1998. The Ministry will announce the r successful host in the Fall of 1998. .../2 o-o� Mayor Diane Hamre Page 2 Any questions regarding the bid process should be forwarded to Blair McIntosh at (416) 314-7691, in the Sport and Recreation Branch. I look forward to your participation. Sincerely, Isabe Bassett Minister Cc: Joseph Caruana Director of Community Services John O'Toole, MPP Durham East NOTE : Guidelines available in Clerk' s Dept, ru I S�M U T,C)'Ni i I i ACK. BY ORIGINAL COPIES T0: -��•�..�__��.__._jam COUNCIL INFORMATION 1_29 Ontario 555 Dixon Road Toronto, Ontario M9W 11-18 Trucking Phone (416)249-7401 Q Fax (416)245-6152 Association AN 23 12 15 PM ,90 Email Address: info @ontruck.org Internet Address: www.ontruck.org June 17, 1998 Patti L. Barrie Clerk The Municipality of Clarington 40 Temperance St. Bowmanville, ON L1 C 3A6 Dear Ms. Barrie: Re: The Lifeblood of Your Community I am pleased to provide you with the attached brochure entitled the Trucking Industry in Ontario, the Lifeblood of Your Community. The contents of the brochure illustrate that in this province's expanding modern economy the old saying, If You Got It, a Truck Brought It, is more relevant than ever before. I ask that you take the time to carefully review the attached. With the ongoing provincial-municipal restructuring, we feel it important that you have an accurate understanding of one of your community's most economically important and significant industries. For example, trucks carry over 90 per cent of the goods produced and consumed in the province. Furthermore, in an era where trade is the engine that drives the national and provincial economy, trucks haul 80 per cent of Ontario's trade with the United States. I ask that you a articular attention to the section pay p s of the brochure addressing communities. It would be difficult to imagine life in your community without the service provided by the trucking industry. For most local businesses there is no viable alternative to trucks. And, in many cases local trucking companies are major employers in their own right. j The trucking industry is at times the subject of misconception on a number of fronts. We are attempting to set the record straight. When addressing environmental concerns, for example, many are not aware of the significant advances in engine technology and the resulting substantial reduction in emissions, particularly when compared to other transportation modes. Consider the fact that it would take 8 of today's new, electronically controlled engines to match the emissions of just one truck of ten year's ago. Similarly, with respect to road safety, many are not aware that trucks are involved in less that three per cent of the accidents on the roads, and in the majority of those cases it has been determined that the'truck driver is not responsible for the cause of the accident. As more of your attention will be focused on an agenda relating to local infrastructure investment and maintenance, you will be presented issues pertaining directly to the trucking industry. I am hopeful that the attached will be helpful and provide you with some additional background and perspectives in future debates and deliberations. In the meantime, should you have any questions, or require additional information, please feel free to call me directly. Sincerely, �_.T,, ! Q David H. Bradley President DHB:jv m Attach. 1 t Y z AP 16 D81MT2.bW NOTE: Brochure available in Clerk's COUNCIL INFORMATION I-30 HELPING HANDS FOOD BANK AN 23 1216 PM '99 217 Prestonvale Road Courtice, Ontario L I E 2S2 Sharon Iles (905) 433-2471 June 17, 1998 I Dear Sir/Madame, Helping Hands Food Bank sends out our Thanks for the grant that you have sent us. It is greatly appreciated , it helps us continue in serving the municipality of Clarington and the Durham Region. I would also like to inform you of a change in our Treasurer. It is no longer Audrey Johnson, she retired in late December of 97. Our new treasure is Karina Jessen. My Assistant manager is Judy Kelly. i If there is anything you need to know please don't hesitate to call us at the above number. Sincerely yours . I � HELPING HANDS FOOD BAN K Sharon Iles f low CLERK ACK. BY .._ l C PIES T . ' t G1 Council Communications for Direction June 29, 1998 Number Suggested Disposition D— 1 THAT the correspondence received from Rev. Dr. Mervyn Russell, Minister, United Church of Canada,Orono Pastoral Charge regarding the promotion of gambling by governments,be received; and THAT Rev. Dr. Mervyn Russell be advised of the resolutions passed by the Council of the Municipality of Clarington on March 30, 1998 and April 27, 1998 pertaining to this matter. D -2 THAT the correspondence dated May 27, 1998 from Gerald Dafoe, Chief Executive Officer,Canadian Public Health Association regarding National Immunization Week,be received; THAT the week of October 25 to November 1, 1998 be proclaimed"National Immunization Week"in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Gerald Dafoe be advised of Council's decision. D-3 For the direction of Council. D -4 THAT the correspondence dated June 2, 1998 from Allyson Rader,Durham Campaign Co-ordinator,The Arthritis Society regarding Arthritis Month, be received; THAT the month of September 1998 be proclaimed"Arthritis Month"in the Municipality of Clarington and advertised in accordance with municipal policy; THAT the Arthritis Society be granted permission to fly one of their Bluebird flags in the Town Square during Arthritis Month; and THAT Allyson Rader be advised of Council's decision. D-5 THAT the correspondence dated May 25, 1998 received from Gordon Gallant,Land Use Specialist, Ontario Federation of Anglers and Hunters regarding the Official Plan Amendment Application submitted by Paula Lishman International, be received; THAT the correspondence be referred to the Director of Planning and Development for review in conjunction with the subject file; and THAT Gordon Gallant be advised of Council's decision. Council Direction -2 - June 29, 1998 D-6 THAT the correspondence dated June 15, 1998 from Pam Callus regarding rural house numbering,be received; THAT the correspondence be referred to the Fire Chief to be considered in conjunction with the subject file; and THAT Pam Callus be advised of Council's decision. D-7 For the direction of Council. D-8 THAT the petition submitted by Rod Smith requesting an amendment to the traffic by-law to allow for parking in the centre of John Scott Court,be received; and THAT a copy of Report WD-31-97,which deals with this matter,be forwarded to Rod Smith. D-9 For the direction of Council. D= 10 THAT the correspondence dated June 17, 1998 from Ilyas Patel,Area Co-ordinator and Thorold Bobier,Regional Chair,The Arthritis Society regarding the municipality's By-law#98-28 which prohibits the issuance of Nevada licences to organizations which do not have a home base in the Municipality of Clarington.be received;and THAT a letter be forwarded to The Arthritis Society confirming the conversation with the Municipality that they are eligible for a Provincial Nevada license which will allow for the sale of Nevada tickets within the Municipality of Clarington. D— 11 THAT the correspondence received from Frank and Jean Reid regarding the rezoning application submitted by 290572 Ontario Limited(staff Report PD-79-98), be received; and THAT Frank and Jean Reid be advised of Council's decision with respect to this matter. D— 12 THAT the correspondence dated June 23, 1998 from Evylin Stroud regarding the recent fire prevention program and concerns over the fir trucks not shutting their engines while staff are going door to door,be received; THAT the correspondence be referred to the Fire Chi--f for consideration and response; and THAT Evylin Stroud be advised of Council's decision. Council Direction - 3 - June 29, 1998 D— 13 THAT the correspondence received from 37 individuals outlining their concerns with respect to the Official Plan Amendment Application submitted by Paula Lislumn International, be received; THAT the correspondence be referred to the Director of Planning and Development for review in conjunction with the subject file; and THAT Warren Watt, lead petitioner,be advised of Council's decision. i i i i ~ COUNCIL DIRECTION D_1 ncitP� Cbttrrb of c c ORONO PASTOR CHARGE Rev. Dr. Mervyn Russell BOX 28ddMfggP,0 �L 1 Minister [ , f 98 PHONE 983.5502 CHURCH OFFICE PHONE 983.5208 MANSE I 'Y+ 1 June 9, 1998 Clerk of Council Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L1C 3A6 Dear Council : - Re: For Circulation to all Council Members The enclosed resolution was passed by the Session of the Orono United Church at its regular meeting on Tuesday, June 2, 1998. We consider that the promotion of gambling by governments to be an entirely inappropriate activity. Gambling is exploitive of all participants and destructive for some: The promotion of gambling on the scale proposed by our governments r will be highly destabilizing of our economy, family life, charities, law and order, and major aspects of our social life which governments should be supporting not undermining. Wherever gambling has become prominent in the life of a community these negative consequences follow, as Atlantic City and Windsor both demonstrate. I The majority of Canadians, when consulted about the establishment of casinos or the introduction of video lottery terminal; machines or video slot machines, have overwhelmingly said this is not a development they want to see in their community. Governments generally seem more addicted to the desirability of gambling than the general public. We urge you to pay attention to the opinion of the public at large of which we are a part. We look forward to receiving your response. Yours respectfully H,C1t. BY UR1GINIAL C0PlES - Rev. Dr. Mervy Russell �'.�,�.�.~..�� Minister p0q. �'E ..._ r THAT THE SESSION OF ORONO UNITED CHURCH ENDORSE THE FOLLOWING RECOMMENDATIONS OF THE GENERAL EXECUTIVE OF THE UNITED CHURCH OF CANADA AND FOWARD THEM PTO THE APPROPRIATE LEVELS OF GOVERNMENT.1 THE GENERAL COUNCIL EXECUTIVE OF THE UNITED CHURCH OF CANADA URGES THE 1 FEDERAL GOVERNMENT TO: 1, create a federal inquiry'to conduct a public and independent review of the social, economic, and legal impact of legal and illegal gambling and charitable gaming in Canada, and to make recommendations regarding public policy, with particular attention to electronic gambling and to effective oversight of the gambling industry within the requirements of the Criminal Code; I 2. establish national standards for the assessment of gambling and charitable gaming proposals, including economic, legal, and social- impact assessments; 3. establish a single format for providing information on gambling, gaming and gambling-generated revenues and require full disclosure j of such information annually; 4. establish an independent review of the activities of provincial gambling/gaming commissions and issue a public report on the findings, with particular attention to public processes for decision making regarding the allocation of gambling-generated funds, public accountability, and standards of governance that serve the public interest; and B. That the Executive of General Council urge all provincial, territorial, and First Nations governments to: 1. halt all gambling/gaming expansion until such time as a full federal review has been completed and the recommendations acted on; 2. ban the use of VLTs and slot machines and establish plans with timelines for removing those VLTs and slot machines that have already been licensed. C. and that the Session of Orono United Church urge the Council of the Region of Durham and the Council of the Municipality of Clarington to resist and reject all approaches and proposals to establish permanent casinos or the introdd9tion of Video Lottery Terminals or Video Slot machines into their respective jurisdictions. COUNCIL DIRECTION D_2 Canadian Public Association canadienne Health Association de sante publique 400-1565 avenue Carling Avenue - 613-725-3769 Fax:613-725-9826 Ottawa,Ontario K y&8R, Ca2dat3 �� E-mail/C,electronique:info@cpha.ca ,JJ t+I Internet:www.cpha.ca JUN 0 8 1998 May 27, 1998 ,ri Ag% E� ,APJ'NQGIP !_!TY OF GLARiNGTON Honourable Mayors of Canada: On behalf of the Canadian Immunization Awareness Program(CIAP),promotes on-time infant and child immunization in Canada,I would like to request that you declare in Council a National Immunization Week(NM from October 25-November 1, 1998. The CLAP is comprised of the Canadian Medical Association, the Canadian Nurses Association,the Canadian Pharmacists Association,the Canadian Paediatric Society, the Canadian Public Health Association,the College of Family Physicians of Canada the Council of Chief Medical Officers of Health and Health Canada. The CLAP would also greatly welcome and appreciate your support of local,provincial and national initiatives during NIW. We will contact the Federal Minister of Health as well as the Ministers of Health in all the provinces requesting their support. Our goal is to make i NLW a yearly event. While Canada has a well-deserved reputation for the efficiency and effectiveness of immunization delivery systems,five to ten percent of Canadian parents are ambivalent with -- regards to immunizing their children and another less than one percent do not have their children vaccinated at all. Our challenge is to keep our immunization rates high so that we won't have future epidemics. Whenever immunization rates drop,diseases come back. In Great Britain, for example, a drop in pertussis vaccination in 1974 was followed by an epidemic of more than 100,000 cases of pertussis (whopping cough) and 36 deaths in 1978. Both Japan and Sweden have had similar experiences. And although most vaccine-preventable diseases are rare in Canada,they are prevalent in other parts of the world. Travellers can carry them from country to country, and if populations are not protected by vaccination,these diseases will quickly spread. For example,a major diphtheria epidemic in the former Soviet Union has led to more than 20 cases of diphtheria in Europe,and two in the U.S. /2 Canadian Public Health Association Gerald H.Dafoe Page 2 Another challenge is to eradicate serious vaccine-preventable diseases in Canada. Already, smallpox has been eliminated,and the Canadian goal is to eliminate indigenous measles by 2005. But there is much to be done to reach that goal: Despite our high vaccination coverage rates,Canada had the highest rate of measles per capita in the Americas this year, 287 cases in the first six months alone. By contrast,33 countries in Central and South America reported no cases at all in 1996. With Sharon,Lois and Brain and Bibi,popular children's entertainers, as celebrity spokespeople for the CLAP,over the last year,we have had a very successful publicity campaign which has included national distribution of a promotional poster,radio and print public service announcements and just recently the production of a television public service announcement featuring our celebrity spokespeople which we hope will be aired in the spring of 1998. _ - Immunization is a critical health issue which requires partnership from all sectors. Children do not belong to any one sector. They are all our responsibility and they all need o"o—b protected from harmful diseases that can be life-threatening. For your information,I have included some CIAP materials which will provide you with an overview of the program and the National Immunization Week we would like to plan. I look forward to hearing of your support,and please do not hesitate to contact either myself or Deborah Gordon-El-Bihbety,Director, CPHA National Projects. Sincerely T t:l{pith U T_.._._._... tC,'K. BY j Gerald H. Dafoe :• ....-..v.- .-_�_. _. _. Chief Executive Officer Enclosures - - �-- cc Mr. Alan Rock, Minister of Health,Government of Canada Ms. MichBle Jean, Deputy Minister of Health, Health Canada _ Mr. Alan Nymark, Associate Deputy Minister,Health Canada Dr. Joseph Losos, Assistant Deputy Minister, Health Protection Branch, Health Canada*- " Mr. Andr6 Juneau, Assistant Deputy Minister,Policy&Consultation Branch, Health Canada Mr. Ian Potter, Assistant Deputy Minister, Health Promotion&Programs Branch, Health Canada Mr. Paul Cocharance, A/Assistant Deputy Minister,Medical Servicdes Branch, Health Canada Dr. John Hastings, President, Canadian Public Health Association Dr. Roy West, Chair, Canadian Immunization Awareness Program Ms. Janet MacLachlan, Assistant Executive Director, Management, Canadian Public Health Association Ms. Deborah Gordon-El-Bihbety, Director, National Projects, Canadian Public Health Association Canadian Immunization Awareness Program Activity Update: Launch ,'-of the National Immunization Awareness Program On Decemer 9, 1996, the Canadian Public Health Association(CPHA), in partnership with the Canadian Medical Association(CMA), the Canadian Paediatric Society (CPS), and Health Canada(HC), launched the National Immunization Awareness Program(NIAP). Since then the NIA.P has changed its name to the Canadian Immunization Awareness Program and has grown to include the Canadian Pharmacists Association(CPhA), the- College-of Family Physicians of Canada(CFPC), the Canadian Nurses Association (CNA),"the Council of Chief Medical Officers of Health(CCMoH)and the Conference des Regies r6gionales et des Services sociaux du Quebec(CRRSSS). Sponsors include Biochem Vaccine,Merck Frosst Canada, SmithKline Beecham, and Pasteur Merieux Connaught . National Immunization Week (NIW) The week of October 25-November 1, 1998 has been selected as the date for the first annual National Immunization Week. The federal Minister of Health as well as the provincial Ministers of Health have been asked to declare National Immunization Week in their jurisdictions along with the mayors of cities across Canada. The Secretariat is in the early planning stages and is currently seeking sponsorship for NIW. The scope of activities will be dependent on funding. i Celebrity Spokespeople The CLAP is pleased to have the continued support of Sharon, Lois and Brain, popular children's entertainers, as our English spokespeople. The CIAP would also like to welcome Bibi, a well-known children's entertainer from Quebec, as our French spokesperson. i Television Public Service Announcement Building on the success of the print and radio PSAs, a Toronto-based production house was contracted to produce a TV PSA which was filmed in the early spring and features our celebrity spokespeople Sharon,Lois and Brain in the English version and Bibi in the French version. The CIAP hopes to have the PSAs ready for distribution by the summer of 1998. Canadian Immunization Awareness Program Booth Pasteur M6rieux Connaught has generously offered to donate their time and resources to redesign the graphics of the program booth. It is anticipated that the booth will be ready for the summer of 1998. The program booth would then be available to CIAP partners for their annual conferences. Canadian Immunization Awareness Program Pamphlet The CIAP is pleased to announce the completion of its pamphlet which promotes on-time infant and child immunization and the CIAP. It is written in plain language and features both an English and French version. It will be ready for distribution in the summer of 1998. Canadian Paediatric Society (CPS) Pamphlets Thanks to funding received from sponsors Pasteur Merieux Connaught and Merck Frosst, the CPS is proceeding with its plans for the revision of its series of pamphlets "Your Child's Best Shot" . The pamphlets are currently being revised into plain language by the Canadian Public Health Association's Plain Language Service. Health Canada Videos - Health Canada has completed the revision of two videos entitled"The Immunization -- Report"and a short vignette on adult immunization. .Produced in both official lanwagis&= - the videos will be shown on the Parent Channel in maternity wards in hospitals throughout Canada. Poster I The poster featuring Sharon,Lois and Brain with the message"Immunize your Kids" will be reprinted to include new and existing members. The French poster will feature Bibi,our new spokesperson from Qudbec. - Canadian Immunization Awareness Program Logo i The CLAP is currently in the process of selecting a program logo which best depicts its message. I May 1998 National Immunization Week 1.0 Introduction Sponsored by the Canadian Immunization Awareness Program(CIAP), National Immunization Week will be an event of national scope focusing attention on the health benefits of immunization. The Week will be a special occasion for community leaders and groups to increase awareness of the health protection and life saving benefits of immunization. Media alerts and activities,partnerships with businesses and organizations,education luncheons,school projects, municipal proclamations and open houses are just some of the projects that will take place during this week. In addition to activities involving parents,educators and the media,National Immunization Week will target special initiatives for health care providers, such as reminders, special events and open houses at local public health units and hospitals, in-service training seminars, and the production of note pads and buttons. Most importantly, the Week will be a collaborative venture drawing upon the - resources and expertise of the national members CIAP with potential for broader_ partnerships at the national and local levels. 2.0 Campaign Objectives The overall goal of the campaign will be to enhance immunization awareness and knowledge among the public and professionals and support positive attitudes. Specific objectives are: • Raise awareness ' Mobilize communities • Raise CIAP profile • Build partnership and networks 3.0 Campaign Strategy The campaign strategy will be to create a national campaign that will promote local involvement. The campaign will reach out to the public and private sectors and support media partnerships for maximum leverage 4.0 Projects i 4 . 1 National Immunization Week Kit Modeled on the"National Infant Immunization Week" kit produced by the U.S. Centers for Disease Control and Prevention National Immunization Program, the National Immunization Week kit will be the basic information resource for the week, and during CIAP's continuing,year-long awareness activities. The Canadian Immunization Awareness Program has obtained permission from the Centers for Disease Control to reproduce material produced for the U.S. campaign which will assist in keeping costs down. Where appropriate,of course, the content will be rewritten to reflect the Canadian immunization situation. The kit will include the following education and awareness items: 4.1.1 Brochure The.brochure is in a six-panel format tailored to this year's campaign 4.1.2 Community Guide This is the basic building block for community organizations planning immunization activities,offering tips and suggestions for successful special event planning. Special sections advise on how to work successfully with the media and. . . _.._. how to mobilize community support. An appendix of resources directs leacierg'to additional materials. 4. 1.3 Immunization Fact Sheets This series of fact sheets answers the key questions of parents and health care providers. 4.1.4 Media Relations Materials Professionally written Op-Ed articles, a letter requesting editorial su rt and sample news release give community leaders the tools for successfulmmedia relations initiatives. 4.1.5 Recommended Childhood Immunization Schedule 4.1.6 Immunization Topics for Partners This flyer offers information on recent developments in immunization, such as new vaccines and changes in the immunization schedule. i 4.1.7 Promotion of Radio/Television/Print Public Service Announcements In addition to the public service announcements included in the kit, a special flyer will be included to encourage local planners to promote use of the CIAP public service announcements with local media. The flyer will invite organizers to request copies of the television and radio PSAs from the CLAP Secretariat and offer these PSAs to local media with a request for their support and participation in the local campaign. 1 4.1.8 National, Provincial/Territorial, Local Declarations of National Immunization Week Enclosed in the kit will be sample declarations of National Immunization Week and a promotional flyer advising local organizers on how best to procure declaration of the week in their communities. The CLAP Secretariat will arrange for declaration of the week by ministers of health at the national and provincial/territorial levels. 4.1.9 Checklist for Child Health Care Providers on Infant Immunizations 4.1.10 What's Your Excuse: Seven Reasons Parents Give for Not Taking Children for Their Shots 4.1.11 Tips for Parents/Caregivers About Your Baby's Shots 4.1.12 Childhood Immunization Standards for Health Care Providers 4.1.13 National Immunization Week Activity Report The Secretariat will compile reports of activities and in subsequent years produce a newsletter to share successful immunization community development activities across the country. 4.1.14 Evaluation Form 4.1.15 Order Form 4.2 Promotion of National Immunization Week Along with materials production,the primary activity of the Canadian Immunization Awareness Program will be promotion of the Week at the national and local levels. The CLAP Secretariat and each partner will be knowledgeable in how best to promote the week to its own constituency. 4.2.1 Mailings One of the keys to the success of National Immunization Week will be reaching the individuals in health units, hospitals,community health centres, and clinics whose job responsibilities include community mobilization and outreach activities for immunization and health promotion. CPHA has had considerable success in this - area with Canada Health Day activities undertaken in collaboration with the Canadian Healthcare Association,and the,CLAP Secretariat can build on this track record in promoting National Immunization Week. To assist in building a national database of community contacts as well as promoting awareness of National Immunization Week,a key element of the promotional campaign will be a mailing campaign of an information letter, flyer and reply card inviting community organizers to request the full immunization week kit. A follow-up second mailing to a list of 2,500 potential participants will help spur demand and reinforce awareness.. 4.2.2 News Release/Public Service Announcements About National Immunization Week Another key promotional activity will be development and distribution of a news release and print public service announcement to a database of more than 2000 health and community newspaper publications. These announcements will promote awareness of the week and solicit requests for more information and campaign materials. 4.3 Cross-Canada Launch Event The CUP Secretariat will stage a national event to launch National Immunization Week, featuring participation of the national partners,leading political figures such as the national Minister of Health and other invited guests,to be held simultaneously with local organization events in their communities. The CIAP Secretariat will coordinate these simultaneous launch events to officially kick off the week and serve as a vehicle to attract media coverage. It is expected that primary . media exposure on the launch will be at the local level,where partners can bdtig their spokespersons to the fore and highlight local immunization issues and concerns. 4. 4-.-Media Tour A cross-Canada media tour by the author of the Canadian Paediatric*Society book, "Your Child's Best Shot", will contribute positively to awareness of National Immunization Week and support awareness activities in local communities. The CIAP Secretariat is available to assist with organizing the tour and scheduling media appearances on radio and television talk shows where issues of concern to parents and others will be aired. The spokesperson would begin the tour on the east or west coast and move from city to city with appearances on major talk shows during National Immunization Week. 4.5 Outdoor Public Service Campaign -- _ A national,outdoor public service campaign has the potential to deliver the immunization message efficiently and effectively to a large consumer audience. Outdoor advertising companies routinely make available unsold space to non-profit organizations,opening the door for a cost-effective,high profile, national campaign. The total cost of the campaign to CUP would be production and posting charges.The budget presented here is based on cost and advertising space charges provided by MediaCom and Gallop&Gallop--companies that have expressed an interest in joining CIAP in a partnership on this issue. The campaign would run for two years, with the possibility for extension. The following cost/benefit analysis illustrates only part of the potential for advertising space that could be obtained free of charge.Actual number of postings and the resulting value of donated space over the two-year life of the program could be much higher. LOCATION: Municipality of Clarington ATTN: Maureen Reid COUNCIL DIRECTION 0,_3 + � k"0 P If- ,S DA,T1✓: June 3, 1998 Z TO: All Municipalities Ill Ontario FROM: The Township of West Garafraxa RE: Review of the basis on which the assessed value of trailer paricsliid`toui0 is"�' determined. The Council for the Township of West Garafraxa is requesting your support of _ the fallowing resolution. RESOLUTION OF COUNCIL Date May 11, 1998 Moved by Don Hubcr Seconded by Kendall Bil ton Whereas the Township of West Garafi"axa has received the matter of special charges for trailer parks and user charges under Bill 26 and given the Cotul decision for Harvey Township which repealed such by-law and Whereas a review of the basis on which the_assessed value of trailer parks and tourists camps is deterlttined and given that these lands are classed as to ddittial for tax purposes,thus providing an under-contribution oC property taxes as compared to other commercial operations,the Council of the Township of West Garati'ara recommends the following actions be undertaken. That the Province be requested to address the issue of valuing tourist parks and trailer camps as commercial operations and not as vacant or Farm lands,and further That the Province be requested to re-class tourist parks and trailer camps to commercial from their present residential class,and further That the Clerk circulate these recommendations to other municipalities with trailer parks and tourist camps to solicit their support,and further That the Clerk circulate these recommendations to AMO,OSUM.and AMCTO and solicit their support and request that their association address this matter with the Province on behalf of municipalities of Ontario, Robert Wilson -Reeve A copy of the consultants report is available upon request. Your endorsement of this resolution would be very much appreciated Diamtd C. Smith,AMCT Clerk Treasurer "'lids is a paid advertism(nt And its views and comments are not endorsed by AMCTO" COUNCIL DIRECTION D-4 THE 1 ARTHRITIS SOCIETY June 2, 1998 X Mayor Diane Hamre & JUN 0 5 1998 Council City of Bowmanville 40 Temperance St, 'wWW l!'ALITY OF CLARINGTON Bowmanville, Ontario MAYOR'S OFFICE L1C 3A6 Dear Diane, Arthritis affects more than 4 million Canadians and is responsible for the loss of-I5a-- million in tax revenues and 1.4 billion dollars in lost wages every year. Children and adults alike are affected by this disease, which can make even the simplest of actions too painful to perform. The month of September is Arthritis Month and we are hoping for this year's campaign to be even more successful than 1997, which brought us over $100,000 from residential canvassing alone. We still have a long way to go, and we could use some help in promoting our campaign. We would like to ask the city to fly one of our Bluebird flags outside your municipal building for the month, holding a flag raising ceremony on the first of September if possible. Please contact me at The Arthritis Society(905)434-7221 with your approval. I look forward to raising the flag with you in September! Sincerely, Allyson Rader Durham Campaign Co-ordinator V 1948 1-800-321-1433 www.arthritis.ca SEE BY:The City of Oshawa ; 6— 1-98 ; 15:10 ; 8043b5b81-+ au502441ea;a z ' •COUNCIL DIRECTION D-5 ONTARIO FEDERATION OF ANGLERS&HUNTERS P.O.BOX 2800,PETERBOROUGH,ONTARIO K41 61.5 (706)748.6324 Fax(705)74$.0577 V. OFAR FILE: 349A/211 C0.1 May 25, 199$ L A.L. Georgieff,M.C,I,P,,RP,P, Commissioner of Planning ;g The Regional Municipality of Durham P.0, Box 623, Duddas Street 4"Floor,Lang Tower,West Building gt � Whitby,Ontario ��_ 0 . L1N6A3 Dear Mr. Georgieff Subject: Township of Clarington Application to Amend the Durham Regional Official Plan OPA 97.020 P.Lishman,Ltd. We have been contacted by our local members with requests to become involved in this planning process, citing concerns relating to the potential impacts of this specific proposed development on Wilmot Creek, and its related fisheries habitat. Some of our members have been involved throughout the planning process, but have felt that an additional voice and statement of concern by Ontario's largest conservation organization may focus attention on the extremely sensitive habitat within the Wilmot's drainage area. In our review of the background information, thpte appears to be some concerns that have been publicly raised with the proposed development,including the issue of site lines and road safety,the possible requirement to upgrade the bridge over the creek on Taunton Und and to.provide turning lanes,and other issues that may be outside of our mandate,but when considered comprehensively, raise doubts over the real viability of the proposed development on this particular site. With respect to our specific concerns,the Wilmot Creek currently supports a healthy but fragile population of cold water trout species,and serves to naturally support a healthy Lake Ontario cold water fish community through the provision of spawning and nursery habitat. 2 CONeERNAhoN!'ICOQC 2PA RV Pkd^M A ClnW1w%la Mw . .tq hwl *d.fk fem W*"0,k»rrMa.i MWAM ml 0fMYC�dY_X4ON ror rd ,7 otivi or ine wvy or usnawa b— 1—yu 1b;11 d ONTARIO FEDERATION OF ANGLERS AND HUNTERS A. L, Georgieff,M,C,I,P,,RIP, May 25, 1998 Page 2 The subject lands are generally bisected by a tributary to the main branch of the Wilmot,and drainage from the site,both surface and subsurface,will enter the creek, Both the quality and the quantity of surface and subsurface water that drains through the subject property are key determinants in the maintenance of the continued health of the stream ecosystem and the resident and transitory fish populations dependent on that ecosystem, Clearly the Provincial Land Use Planning Policy Statement requires that natural heritage features and area be protected,and that before development is permitted,the proponent is required to demonstrate that there will be no negative impacts on the natural feature or ecological function, Should the tributary to the Wilmot on site not be crmsidered to be a"natural heritage feature"on its own, then surely the subject lands ofthe Official Plan Amendment application must be considered as"adjacent lands"and the applicable policies of the Provincial Policy Statement should then apply. Additionally, the Policy Statement requires the protection and enhancement of the quality and= quantity of ground and surface waters, along with the function of groundwater reoharge/discharge areas,aquifers, and headwaters. On this basis, a comprehensive Environmental Impact Assessment should be required•of the proponent, in accordance with Provincial Policy, regardless of an earlier determination, (at the Township level)that an E.I.S.would#gJ be required on the basis of setback from the Township's Environmentally Sensitive Arcas mapping, I In our opinion,the checks and balances provided in the Township's planning documents to protect significant features like the Wilmot Creek are not sufficient,and may not meet provincial standards and requirements. Until such an Environmental Impact Assessment is recelved,thoroughly reviewed, and accepted,we would not recommend the submitted amendment for approval, Additionally,given the potential for other development applications that may be brought forward in the near future for vacant agricultural lands withip the watershed; it would make good land use planning sense to comprehensively and scientificaliiy consider the entire watershed in a Watershed Plan, and determine, on a cumulative basis, how much land within the watershed can be safely developed without adversely impacting the ecosystem that supports this world class fishery. In summary,although there are other aspects of the proposed development that may cause Regional j Council to refuse the amendment,the environmental aspects and potential impacts of the proposal require much greater analysis than they have currently apparently received in order to protect the Wilmot Creek ecosystem,and its sensitive fishery. The beat way to accomplish this would be through a comprehensive watershed plan sponsored by a neutral party, 3 i 6kNl BY:The Gity of Oshawa ; 6— 1-98 ; 15:12 yUbbY84 W R a ONTARIO FEDERATION OF MGLERS AND HUNTERS A.L. Georgief,,,WIT,,R R May 25, 1998 Page 3 Please keep me informed regarding the progress of this application through the Region's Planning Committee,and through Regional Council. i Yours in Conse ation, i Gordon Gallant Land Use Specialist /88 cc, I. Harrell MXR, -Peterborough District Office WAR Zone E Executive O.F.A.H,Member Clubs ! R1=i 11'iC�h� tUK,8 +Jk4XII 01NAILT : l5-1 RS ' ...a _1 7-0A 0 i ' r COUNCIL DIRECTION D-6 3452 Courtice Road Courtice, ON i L1 E 21-6 Monday, June 15, 1998 JUN I i i I i Patti Barry, Clerk = Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 IDear Ms. Barry Find attached a letter from me to the editor of our local paper, The News. I I would appreciate it if you would forward a copy of this correspondence to members of Clarington Council Thanks in advance for y our attention. i Sincere Pam Callus AC K. OY.v W _ ORIGINAL COPIES O: i f �,...:..�.....w....«+.*•�-......tom-. (....row........n.,.t......._....r.�••� f 3452 Courtice Road Courtice, Ontario L1 E 21-6 Thursday, June 11, 1998 The News 211 Waterloo Street Oshawa, ON L1 H 3N5 Dear Editor Thanks to your headline of Wednesday, June 10 "Town won't pay for property ID signs", I have a better understanding of the priorities of Clarington Council and staff. I think that.Clarington Council has made a big mistake by making rural homeowners pay $25.00 for mandatory numbered signs. The issue has nothing to do with money, but very much to do with principle. I my view, anything concerning public safety should be paid for by the municipality. Perhaps Council feels that only rural residents would benefit from such support, but anyone visiting a rural home may need the service. In 20 years of residence on Cour- tice Road north, we have called an ambulance three times for strangers that have shown up on our doorstep. If comparing dollars spent in one area versus another is the issue, my question is "How many more "perks" do those living in subdivisions get from municipal dollars that we never see in rural areas?" Coincidentally, I happened to read the same day, that a greater number of dollars will be spent by council supporting organizations within the municipality than it would take to supply the signs. While I wouldn't want to jeopardize the support of these worthy j groups by council, the message that I am being sent is that the activities of community groups are more important than "life and death" in my home. Sincerely Pam Callus ; cc: Cladrgton Council I i I Vv, LV/ a0 101ou UtlVJ 0VU 0010 MALUlf a Vrr"r, %1L1AA11\UlU1Nft&1U1( WJUU4/U16 COUNCIL DIRECTION D-7 i AN 13 12 15 WK MAYORS & REGIONAL CHAIRS COMMITTEE FRIDAY,JUNE 19, X998 Moved by: Mayor Don Cousens-Markham Seconded by: Mayor Ann Mulvale-Oakville i i THAT the presentation by Michael Smither be received and endorsed and farther that the Province establish a task force of municipal and provincial representatives to develop the new j Municipal Act; and FURTHER that the Report and recommendations presented by Michael Smither be forwarded to Minister Al Leach for consideration; and FURTHER that this Resolution be circulated to all GTA municipal councils for endorsement. CARRIED ------ ----- __.i. TIC�� t, ACK By OIRIGINAL co =S Y wo==f the VV/ LV/ UV 1V VV UAVUO VVV AVIV ,LLA1Utz J u"111-1O LM 005/015 i ROLE OF MEAD OF COUNCIL LEADERSHIP �r LEGISLATIVE VULNERABILITY i Mkttael J.BmhheuryEd lar 6 PuMaher Mary Tully,Asbodals Edlt*r A MUMAWAL WORLD PRESENTATlOIN ROLE OF 1 2 REASONABLE OBJECTIVES CURRENT LEGISLATION Munklol Aa Considering the future rotes of a head of counoil, it is important to, The current Ontario Munlclpaf Act states: understand the historical evolution of The warden of a County,the mayor of a city or town end the reeve of a vOtage or township Is the responsibilities head of the council and the chief executive of leer •recognize current circumstances and potential of the corporation liability .anticipate possible consequences of the proposed new Ontario Muniolpal Aot •ensure submission of recommendations for a more balanced approach 4 REASONABLE OBJECTIVES 3 CURRENT LEGISLATION 4 I vv �� ... �...... v .... ......... ... . ...,... ..a...�a.a. "twi+antUq WJUUU/U10 i I ' CURRENT LEGISLATION CHIEF EXECUTIVE OFFICER Regional MunicipalifiesAct eladc'a tsw Dlotionary dennitlon of•executive officer" The Regional Municipalities Act states: An officer of the executive department of The chair Is the head of the Regional Council and government: is the Chief Executive Officer of the Regional Corporatlon 4. •one in whom resides the power to execute the laws •one whose duties are to cause the laws to be executed and obeyed I CURRENT LEGISLATION 5 CHIEF EXECUTIVE OFFICER 6 i I HISTORY DUAL OFFICES - SEPARATE Haad of Council—Chief Executive Olficer Duties originally conferred upon the chief executive officer in 1697 were redrafted as When a person holds 9 offices responsibilities of the head of council in -such as head of council&chief executive 1913. officer This legislative error each office is treated separate and distinct removed the responsibility of the chief divided for the purposes of liability executive officer to report to council Imposed significant liability upon the head of courxd �► HISTORY 7 DUAL OFFICES -SEPARATE 8 i i DUAL OFFICES - SEPARATE HEAD OF COUNCIL - DUTY Simpson and Henderson and the City of Toronto Murtitoipel Act,A SA.1990,c,M,45,S.70 (a) to be vigilant and active in causing the laws for the The court in this case stated: government of the municipality to be duly executed and obeyed Although offices of clerk and returning officer (b) to ovarsea the conduct of all subordinate officers In were hold by same person,documents in the government of It and,as far as practicable, possession of the returning officer were not reuse all negtlgence,carelessnees and violation In the possession of the clerk ¢ of duty to be prosecuted and punished (c) to communicate to the council from time to lime such Information and recommend to It such measures as may tend to the improvement of the finances,health,security,cleanllneaa,conform and ornament of the municipality 6 DUAL OFFICES - SEPARATE 9 TOAD OF COUNCIL- DUTY 10 i STATUTORY OBLIGATIONS LIABILITY i Mmi;alpsd Act The Law of Canadian MunWat Conwatiana (Rogers) Section 70: The author, at page 1426.6 states: imposes responsibility upon the head of Council under clause(a)and(b) r a municipality may be liable for the wrongful acts •only requires Communication with council under of its council as whole disuse Icy ►but,it cannot be liable for damages...consequent coouncil clearly address the liability of the head ol on the negligent or wronoful act of individual members rb except where they have been expressly commissioned by council to perform,or to oversee a particular work O; S'T'ATUTORY OBLIGATIONS 11 LTABILYPY 12 i i VVI .emu. VV aV.V, ♦.{aVV VVV VV,V l(/J(,U6/015 i CRIMINAL CODE DESTRUCTION BY FIRE The Code does not specifically mention!lability of Laurendds Mofels v.Ville de 6eauporl(1989) Individual members. In R. v.Perreault,the court,in considering section •Fire department created-discretionary 122 of the Code,however, noted: Liability could be Incurred where there was a/allure to ►Motel-destroyed by fire perform a statutory duty The court stated: Hydrants-snow covered and broken Where the allegation Is that Rots oonclituted a breach of •limited Inspection-operatlonal decision trusb while It Is not necessary to prove corruption.It must ba shown that the accused did an act or fatted to do an act •Municipality!table for negligence contrary to the duty Imposed upon him by statute,regulation P ty ...with his office and that the act gave him some personal benefit either diraeNy or Indlrocily 400 ►Damages-$2,465,737.33 �0 CRIMINAL CODE., 13 DESTRUCTION BY ME 14 I I POLICY- OPERATIONAL FIRE- WATER - SUPPLY i LaurenWo Walt v.V7i le da Baaumd(1989) Rtvarscourt Farms Ltd v.Niagara-on-tre-Lahs(Town)(1992) i Policy Sphere-negligent acts ►Fire department created-discretionary .responsible to community as a whole through the ►Building destroyed by fire ballot box .Town Council/Region knew water supply inadequate poi y- upgrade-budgetary reasons I Operation Sphere-negligent acts Murdoipalfty not liable for negligence 4 harm to Individual .responsfble to individual fi POLICY-OPERATIONAL 15 EIRE-WATER-SUPPLY 16 i vo L i V to.vo LUUVJ oou ao 1 u unlun a urr a�r »> i nnl. uluivivt�iYUK WJ UUU/015 - i I PROPOSED NEW PROPOSED NEW MUNICIPAL ACT MUNICIPAL ACT i The proposed new Municipal Act does not Seotion 252 of the proposed legislation sets enhance municipal capabilities. It: out the role of-head of council to: •contains no reference to the position of ohfef •preside over council meetinos executive officer •represent the municipality at official functions •does not define the term officer,which Is referred •carry out the duties of the head of council under to broadly in liability sections this or any other Act devolves a significant range of duties on the head of council fi PROPOSED NEW 17 PROPOSED NEW 18 i PROPOSED NEW MUNICIPAL ACT RECOMMENDATIONS Proposed new MunWpal Aet The vagueness/Inconsistency of the As a basis for revision of the new Municipal proposed legislation: Act,the following recommendation are made. •etiminates the office of chief executive officer ►may limit the role of head of council ►section 322 raises liability ooneems stating: A treasu w.clerk or other officer who refuses or neglects to perform any duty under this Port is guilty of an offeaae Y I PROPOSED NEW r 19 RECOMMENDATIONS 20 i i i vvi iui uv iv.vv "VvV vav vviv 0MIULN a urri%.i:, »> �Lni�l,�u1v,�Dlritun �!.1UlU/U10 I i i RECOMMENDATIONS RECOMMENDATIONS Proposed now Munlcipal Act Proposed new Municipal Act I OFFICES CHIEF EXECUTIVE OFFICI=R Both the head of council and the chief This position should be required to: executive officer should be included in the .conduct on-going liaison with council in all legislation, aspects of such responsibilities The division between legislative and M fromutheindividual t community input lacing it(where lly administrative roles and responsibilities applicable)upon the municipality a should bo clearly defined RECOMMENDATIONS 21 }RECOMMENDATIONS 22 RECOMMENDATIONS I RECOMMENDATIONS Proposed new Municipal Act Proposed new Munidpat Act POLICY LEGISLATIVE INCONSISTENCIES Development of council legislative policy, an Other legislation Inconsistencies should be Increasingly critical issue,should be included revised to correct the adverse focus In the legislation to ensure reduced municipal liability `0 LEADERSHIP The role of leadership should be clarified and enhanced fi RECOMME,NnATIONS 23 RECOMMENDATIONS 24 i i i i FURTHER RECOMMENDATIONS RECOMMENDED Proposed new MuNdipel Ad SECTION 70 To accomplish these broad objectives,it is Section 70 may be written as follows: further recommended that section 70 of the Y current Municipal Act be rewritten and 70. It is the duty of the chief executive officer included in the proposed legislation to: to communicate to council with respect to all •ma ca all eliielggr,�iWas the responsibility of the matters affecting the viability of municipal chief executive officer operations including the need to: ►ensure that liaison with council be required in all aspects of such action ►extend the scope of such responsibilities to encompass current downloading requirements O� THER RECOMMENDATIONS 25 RECOMMENDED 26 RECOMMENDED RECOMMENDED SECTION 70•continued SECTION 70•continued (a) be vigilant and active in causing the taws (o) ensure the development of council's for the government of the Mun cipality to legislative policy to provide guidance and be ditty axecuted and obeyed; direction to all appointed officials; and to (b) oversee the conduct of all subordinate further officers in the government of it and,as far as practicable,cause all negligence, carelessness and violation of duty to be persecuted and punished; 4 RECOMMENDED 27 RECOMMENDED T 28 I RECOMMENDED RECOMMENDED SECTION 70•contlnuad SECTION 70•continued (d) communicate to the council,from time to (1) the improvement of the finances, time, such information and recommend health,security,cleanliness,comfort to It such measurers as may tend to: 4:� and ornament of the municipality,and (ii) avoid liability Issues with respect to the actions of members of staff concerning tire prevention,policy protection, highway maintenance,sewer and watermain facilities,and such other matters as may affect the responsibilities of the municipality 4 RECOMMENDED 29 RECOMMENDED 30 i It :.1 a u I ' X",r, nI ti�[0.1;y a :��p ,yr,p,,.,, The oldest:continuously published municipal monthly magazine in the world. Serving Canadian mueicipaliites since 1891. I �~ 31 I COUNCIL DIRECTION D-8 June 22, `98 Clerk's Office, Clarington. JUN 22 1 1 04 AN '9E Attached is a petition calling for an ammendent of the bylaw that deals with on street parking. This petition contains the names of the great majority of residents of the cul de sac area of John Scott Court, Bowmanville. We, the residents of John Scott Court, have always made use of the cul de sac area of the court to park our vehicles and the vehicles of our guests. It is our opinion that as many as eight vehicles can be safely parked in this area at one time. It is also our understanding that parking there is a violation of a city bylaw. This bylaw is enforced only j very rarely at best but all of us would like to continue to use the cul de sac area of the court in this fashion without fear of a ticket. Please consider the design of our neighbourhood. We are a court of semi- detached dwellings, the bulk of which have shared driveways. Now if you assume each half of a semi to be occupied by a dual income family with at least one child of driving age, you could reasonably expect three vehicles to be present at each household. This would make for six vehicles in each shared driveway. Now consider parking for guests. There is not sufficient room between driveways to allow a vehicle to park against the curb. The curb, of course, is rounded on our end of the court and would cause any vehicle, small enough to park there safely, to be in violation of thel5cm from curb bylaw anyway. Obviously the solution would be to park down the street,where the curbs are not rounded and then walk a few extra steps but any available parking space is usually taken up by the residents of that end of the street as their shared driveway problems are the same as ours. We appreciate the needs of snow removal vehicles and of course would treat the area the same as any other area where on street parking is allowed and not park there when snow plows can be expected. You may want to consider painted lines on the court so that a maximum allowable number of parked vehicles could be established and enforced, assuming of course that you look favourably on our petition. If, on the other hand, parking on the court is not to be allowed we would insist a sign be erected informing our guests that any vehicle parked in the court is likely to be ticketed. We would also insist the court be regularly patrolled and the bylaw strictly enforced. Please forward any questions nr comments to Rod Smith, ACK. BY n behalf of the residents of John Scott Court, Thank You. Jk ORIGINAL C T : � *Rd ES T mith i T0: Clarington Municipal Bylaw Dept. ( Bowmanville) Re: On street parking - John Scott Crt. Bowmanville. We the undersigned, being residents of John Scott Crt. and being accustomed to parking our vehicles in the cul de sac area of the court for the past several years, hereby petition that the bylaw concerning on street parking be ammended to allow such use of this court,during the summer months. Name Address ZI I oy vv. aui uu au.uu --V- vuu Wj V1J/ V L0 i j COUNCIL DIRECTION D-9 SUN �Z 15tPVOR.S & REGIONAL CHAIRS COMMITTEE j FRIDAY,JUNE 19, 1998 Moved by: Y 'r Ma or Steven Parish-Ajax Seconded by: Mayor Peter Robertson-Brampton THAT the recommendations contained in the"New School Funding" Report, dated June 18, 1998, be adopted and recommended to member municipalities for endorsement; and I THAT a meeting be arranged with the Minister of Municipal Affairs &Housing and the Minister of Education and his Assistant Deputy Minister to discuss the issue. CARE.IED j CLERK ACK. BY ORIGINAL kka a#as woo Qlft-.Tom.A.eA i I FINAL DRAFT 98/06/18 i NEW SCHOOL FUNDING FORMULA AND ITS GROWTH IMPLICATIONS FOR GROWTH MUNICIPALITIES IN THE GREATER TORONTO AREA BACKGROUND At the April 17°i meeting of the GTA Mayors and Regional Chairs, a resolution was passed establishing a subcommittee consisting of Mayor Parish of Ajax,Mayor Serjeantson of Halton Hills, Mayor Jackson of Vaughan and Mayor Robertson of Brampton to review the general issue of the funding of new schools and school sites and their implications to our municipal planning process. This subcommittee met on Friday,June 12, 1998, along with various staff representative from various Boards of Education. What follows is a brief synopsis of what the committee feels are the main issues to be resolved from a municipal point of view and some specific recommendations and action steps to be taken to help resolve these issues. ISSUES Under the provincial funding formula for school sites and schools, "Growth"Boards will finance 4 the purchase of school sites for green field developments through a revised Education 1 Development Charge. The new Education Development Charge will only be allowed to Growth I Boards who have demonstrated an excess of student enrolment over existing capacity. If this standard is met on a Board-wide basis then those Boards can pass Education Development By- laws to finance the purchase of school sites only. The provision of new schools and additions to existing schools are provided by a New Pupil Places Grant included in the total Pupil j Accommodation Grant formula. This grant is provided by.the provincial government. In determining a Board's grant for new pupil places the Board must do an inventory and determine its existing capacity and compare that figure to its current enrolment. The amount of excess enrolment is multiplied by a per pupil factor to determine the amount to which the Board is eligible for new pupil places. In determining capacity there is obviously a large incentive on the Board to deem older schools that are under enroled as surplus to their need and have these i I r - 2 - schools closed. If the Board does not do so, then they will carry this capacity on their books and be eligible for a smaller amount of funding for new schools and additions. There are obviously many potential problems with determining the amount of excess enrolment over capacity that a Board has. These problems are particularly significant for growth municipalities such as those municipalities in the Greater Toronto Area. Presently growth municipalities are plagued with numerous schools that have an excessive number of portables or porta packs. The moment new schools are built they are already over capacity and need I portables or porta packs. We would not like to see a system of school funding that entrenches and perpetuates this situation. I Growth municipalities have three significant problems with respect to the provision of school facilities in their communities: I 1. Providing new school facilities on a timely basis. We are routinely in a situation where the subdivisions are built and in place for a significant period before the school is built. This results from a system that does not commit and designate the funds until the homes are in place and the children are living in the neighbourhood. I 2. The catch up problems. The growth municipalities already have a situation where numerous schools are over capacity and have an excessive number of portables. Often portables are required at new school locations, requiring payment of$50,000 for each portable which only have a 15-year life span. There should be special provisions in the new funding formula to allow growth municipalities to catch up and reach an appropriate level of school facilities without reliance on portables,while at the same time providing new facilities on an ongoing basis. i I - 3 - 3. Closure of schools in older neighbourhoods. The new formula will cause such closures to take place. However, we all know that demographics of a neighbourhood change over time and while a school may be under enroled at the present time, the demographics do and will shift resulting in potential demand for a school once again in the future. It is often not appropriate to allow schools to be closed, demolished and the site sold. Further, it obviously has a very distressing impact on the existing neighbourhood that the schools i serve. I RECOMMENDATIONS In light of these very significant problems and in light of the fact that the present new pupil accommodation formula does not address the needs of growth municipalities, it is felt that we must take a very strong stand and insist that various improvements be made to the system of new school funding. These recommendations are as follows: I 1. That the threshold of determining whether a Board has excess enrolment and will therefore be entitled to New Pupil Place grant be set at 90% of capacity rather than the proposed 100% of capacity. This will go a long way to address certain problems of defining capacity. Split grades, special subjects such as French or Music and special i rooms such as Computer Labs, Science or Tech Rooms are rarely used 100% of the day. If every room must be fully occupied for the entire day the school will be overcrowded and will require portables. The definition of capacity and appropriate percentage utilization are linked inextricably. 2. New Pupil Accommodation Grants should be confirmed, granted and paid in the year approved. If it is not possible to pay for schools as they are built then at least the School Boards should receive a guarantee that the Province will fund the payments needed to amortize the cost of the school. The ability to continue to meet the payments should not be dependent on the ongoing existence of"surplus"enrolment that is subject to economic and demographic factors. - 4 - 3. The formula should be revised to provide for"just in time" schools. Funding for green field schools should be accelerated so that the schools are ready to open when the subdivision is substantially completed. This would eliminate the perennial "lag problem" which results in funding not being provided until the "kids are in place". 4. The funding formula should be revised to allow school boards to retain and mothball older schools without being penalized by having such older schools included in their capacity calculations. This would give Growth Boards the freedom to keep older schools I if they felt the demographics could change and rejustify the school in the future. Boards will not be willing to do this if they are penalized for having to include this capacity to determine their funding eligibility with respect to new pupil places. 5. There should be a special purpose grant for Growth Boards to address the"catch up" problem so they can take positive steps to reduce overcrowding of existing schools and reduce the number of portables that are required. It is probably a certainty that portables cannot be eliminated but there should be special provisions to allow them to be drastically reduced. There should be an established benchmark and formula for determining an appropriate level of portables above which special funding would come into play. For example a certain percentage of students housed in portables would trigger additional funding to replace portables with permanent accommodation. it 6. The Planning Act should be amended to clarify the role of municipalities in the provision of adequate school facilities. Municipalities must have full authority in their planning processes to deal with the approval or phasing of development in light of the adequate provision and distribution of educational facilities. Although there are many examples of good municipal/school board communications, there must be enhanced communication and a much clearer mutual understanding of pupil accommodation needs. Boards of Education need to fully communicate details of"adequate provision and distribution of educational facilities" and municipalities must maintain planning control i i - 5 - through approval, conditions and/or phasing to ensure that school facilities are provided in an adequate way. There is a growing consensus that new residential development i should not be approved unless the School Boards can provide an assurance that appropriate school accommodation can be provided. i i 7. School boards should be allowed to divide their territorial jurisdiction into growth and non-growth review areas. This is already permitted under the Development Charge provisions of Bill 160. Once a Board is determined to be a growth board, it can pass a Development Charge By-law that applies to a specific area, eg. a local municipality. This concept should be expanded to include the funding of school facilities as well as school sites. This would allow greater flexibility within the territorial jurisdiction of a board to provide more exactly for the particular circumstances of a municipality. 8. There must be representation from the GTA municipalities on the provincial Pupil Accommodation Grant Review Committee("Capacity"Committee) to ensure full municipal input and comment on all of the above and other important issues. To date this process has been proceeding with representation from the Ministry of Education and the School Boards without any municipal input. UDI has apparently had a great deal of input into Educational Development Charges and school funding issues generally while municipalities have had virtually none. This is totally inappropriate and growth municipalities must be at the table to ensure that their needs are met. This is not simply an educational issue. CONCLUSION As can be seen from the above synopsis, the issue of funding of new schools is a complex one which has very significant implications for growth municipalities. We have not been fully informed of the details and implications of this new funding formula and we have not been involved in the process. However,depending on the final form and details of this funding 1 i - 6 - formula, growth municipalities will either be able to deal with the adequate provision of school facilities or will be confronted with a continually deteriorating situation. We must act immediately to ensure the interests of our municipalities are protected before final arrangements are made. Therefore, it is the recommendation of the subcommittee that the GTA Mayors and Chairs adopt these recommendations and request immediate satisfactory action by the Provincial Government on these recommendations. It is further the consensus of the subcommittee that if these recommendations are not acted upon then the GTA Mayors and Chairs must seriously consider revisiting the whole issue of approving further plans of subdivision in the face of inadequate provision and distribution of educational facilities. I i i i COUNCIL DIRECTION D-10 4 THE ARTHRITIS ONTARIO NORTH/EASTREGIO �7 SOCIETY Oshawa Branch �UM e 1r( IS �8 Ilyas Patel,Area Coordinator n a/• M 9u Susan Glcnnon,Office Administrator 44 William street west., Mayor Diane Hamre ? Oshawa,ON L I G I J9 Tel:(905)434-7221 Municipality of Clarington Fax:(905)434-5854 40 Temperance Street JUN 199$ iwr li Toll Free:1-888-765-0005 40 tasosh @osha.igs.net Bowmanvil(e ON L1C 3A6 ON PATRON jy ij�gC.PAUTY Of CIARINGT His Excellency MAY OR'S Off ICE The Right Honorable Dear Mayor Harare, Romeo LeBlanc P.C.,C.C.,C.M.M.,C.D. Governor General ofCanada We received the enclosed letter along with our Nevada licence, which informed PAST CHAIR us of the BY-law#98-28 prohibiting the issuance of further Nevada licences to Marion Leslie The Arthritis Society. CHAIR Larry W.Youell We understand the necessity f the By-law, but we also feel there should be EXECUTIVE DIRECTOR Y Y- � Sheila Johnson exceptions for non-profits organizations structured as we are. For example, the TREASURER benefits of research and development of any prosthesis knows no boundary, this Robert E.H.Macdonald pertains not only to The Arthritis Society but others as well. SOLICITOR Robert E.H.MacdcaWd There is revenue generated from issuing these licences in our case Hang S approximately$2000.00 annually which is spent in the community. M.Elyse Allan R.Bruce Barr Thorold Bobier We ask that the council consider making exception. We would appear before Arthur Bookman,MD.,F.R.C.P.(C) Robert C.Wood council or a committee meeting if you so desire to answer any questions. Noma Davies Richard R.Dumberg Heath r Howe We hope your reply to our request is in our favour. Heather Howe Robert D.Inman,M.D.,F.R.C.P.(C) AI Keay Heather Lawson Yours truly, Marion Leslie Nils Linholm Don H.Macdonald,PhD. Robert E.H.Macdonald Dan Mariam Jan Osborne . 4 Roger J.Peddle ilyas Patel Qrold Bobier Kay Area Coordinator Regional Chair Larry•W.Youell Phillip J.Zaltoor cc: Marie Knight, CMO CMM II, Deputy Clerk C�-ER� PAST CHAIRS ___.__... Douglas Bassett Lt Gen.(Ret'd)James L Davies ' ACK. BY T.Richard Davies t Tony Fell E.&foxy Jackson ORIGINAL Richard Ma•�t�h COPIES T0: Ronald J.Simpson Businrss Number.108071671 RR001?4 � ^ YEARS ,. ....... - r 0 1948 1-800-321-1433 www.arthritis.ca i 0MUNICIPALITY OF .1arington ONTARIO June 1, 1998 Mr. Ilyas Patel, Area Coordinator The Arthritis Society 44 William Street West Oshawa, Ontario UG 1J9 Dear Mr. Patel, RE: NEVADA LICENCES Attached hereto is your Nevada Licence which is valid when all of the tickets have.been sold or until May 28, 1999. Please be advised that the Council of the Municipality of Clarington passed By-law #98-28 which states that ..."a lottery licence will only be issued to eligible organizations which have a home base in the Municipality of Clarington." We regret that we will NOT be able to process future applications for a Nevada Licence after the existing one has expired. If you have any questions pertaining to this matter please contact the undersigned at your convenience. Yours truly, _ l Marie Knight, .0., CMM 11 Deputy Cleric cc: Patti Barrie, Clerk l CORPORATION OF THE MUNICIPALITY OF 'CUARINGTON 40 TEMPERANCE STREET- BOWMANVILLE -ONTARIO- L1C_3A6- (905) 623-3379- FAX 623-4169 wteatour[w TYPED FROM HANDWRITTEN ORIGINAL COUNCIL DIRECTION D-11 To the Mayor and Council of the Town of Clarington I was at the General Purpose and Committee on Monday, June 22, 1998 it to be interesting and disappointing at the same time as I will try to explain in this letter. For some unknown reason I missed File no Dev 98-011 PD-79-98 because this is why I was there I don't now if it was the noise of the people talking going up or down the stairs as sometimes could not hear the chairperson but I thought I would hear Courtice and Sandringham mentioned or my name but did not. I was talking to your worship at the adjournment at noon and pleased you took the time to j talk with and advised me to put my name down for the June 29 7:00 p.m. meeting of council which I do not think I can make it as I will be ninety miles at something oilier function. I would like to explain why I was at the meeting namely my land at the back of my property is low and the developer is allowed to raise his land up three to five feet. I do not think he should legally or otherwise be allowed to do this at my or anyone elses expense. I was lot before but the land around me was low also with no complaints and now the water problem will be worse. Secondly I will be land locked at the back of my property and should have access to it. I tried to buy a strip of land next to me for many years but was only given permission and told I could go in and out when I wished. I tried to buy a strip of land just a month before the developer got it and was told he was keeping a lot for his son and I would have permission to get in my back yard,but I asked if it would be possible to buy it at my expense and running around, legal work, etc, and he did not want to do it. The wife and I do not spend much time at the Courtice address because we have a more peaceable place to live away from the hustle and bustle up here. We have a love for this place as this place is where our family was raised and have friends and relatives here and we might have to come back here as our health decreases and this place would allow us to be close to health and hospital care as my wife has but manageable at this time. These problems that I mentioned are concerns of the wife and I. It seems to be a squeeze ploy by certain people to make us uncomfortable and we thought maybe your Worship and Councillors could help and we thank you in advance. Thanks for your courtesy and reading this letter. Yours sincerely f� Frank C. Reid V A. Jean Reid COUNCIL DIRECTION D-12 MS EVYLIN STROUD JUN 24 9 51 AN 198 Mayor Hamre and Councillors June 23 , 1998 Municipality of Clarington 40 Temperance St , Bowmanville , Ontario L1C 3A6 Dear Mayor Hamre and Councillors; I was very pleased to' read in the local press that our Fire Department would be taking time to visit neighbourhoods explaining about the importance of fire prevention. This is an excellent idea and a good use of the staff 's time. The articles mentioned such topics as smoke detectors and escape routes, as well as other things. However , one item that I didn't see mentioned was the importance of having carbon monoxide detectors in homes that have natural gas furnaces or wood stoves. Quite a number of homes in our area have had natural gas service installed for the first time in the last couple of years. So, this is new territory for a lot of folks. I realize that strictly speaking this may not be fire prevention. However , should there be an explosion due to natural gas, our fire trucks will be called out. A carbon monoxide poisoning will lead to a medical assist call for our Fire Dept. - so they are involved. If the staff is asking people questions to ensure that their homes are secure against fire, they could also ask if people had wood burning stoves, fireplaces or gas furnaces. If yes, just hand them a pamphlet about the importance of carbon monoxide detectors. I have seen pamphlets about the importance of smoke detectors, so I assume that similar pamphlets exist for carbon monoxide detectors. I have one other concern. . The articles led us to-believe that the actual fire trucks' would be in the neighbourhood during the safety blitzes. . If this is the case , I would hope that the fire trucks will shut off their engines while the staff are going door to door . I was quite dismayed to see a fire truck recently pull up in front of the post office and leave its engine -idling for over 10 minutes while 2 men got out and delivered bags. • I can appreciate that while on a fire call the engine must continue to run in order to operate equipment or in extremely cold weather for diesel engines.- But I saw no need for this unnecessary pollution by an idling engine on a very warm day. As well , you get zero miles per kilometre when an engine is idling so°Its also a; waste of money. I would like to end this letter on a Positive note by reiterating my support- for the staff initiative :�of.�U e =Fire Safety programme. Sincerely, 71i,�s vY12t rOU d J Note: Received from COUNCIL DIRECTION 36 other individuals D-13 TO : MAYOR AND ALL MEMBERS OF COUNCIL Y) OP MUNICIPALITY OF CLARINGTON AN 16 3 03 PH '90 WHEREAS: The Clarington Official Plan was approved in 1996 by Durham Regional Council after several years of public consultation and input, WHEREAS: All amendments to Clarington's Official Plan must be evaluated in the context of Protecting the public interest from strictly private interests, WHEREAS: The Official Plan is supposed to reflect the public's and Council's commitment to ensure that planning and development will be undertaken in a sustainable manner and in a context which recognizes and protects the integrity and vitality of natural systems and processes, including watersheds and agriculatural lands, WHEREAS: There is an ample amount of industrial and/or commercial serviced land available j which could accommodate the fur garment manufacturing proposal as described in the. Lishman application. However, the Lishman application is "the first phase of what is intended to be a comprehensive redevelopment of the entire holdings of Hannu T. Halminen in Trust" (Application/Tunney Planning Inc. July 1997 page 2 - available for viewing in the Municipal Planning File) . WHEREAS: The Lishman application seeks to rezone lands presently designated prime agricultural area and environmental protection zone in the Clarington O.P, WHEREAS: The Wilmot Creek is the best coldwater trout habitat in Durham Region. There is a risk that the Wilmot Creek headwaters will be degraded as a result of the activities proposed in the Lishman application, and also by the activities proposed in plans for future development, WHEREAS: The meaningful employment opportunities for Clarington residents in relation to this application may be limited, as Paula Lishman International will likely retain the majority of their employees from their current location in Blackstock, WHEREAS: The Lishman proposal would necessitate major expenditures to upgrade Taunton Road, with respect to grades and a bridge, by Durham Region; these upgrades might j trigger a substantial tax increase for all Durham residents, WHEREAS: The Lishmans withdrew their previous application from the Township of Scugog in March 1996 because of costs associated with satisfying the "cholesterol ridden systems of a paranoiac society", which is how Bill Lishman characterized the safeguards in the planning system that protect the public interest (see attached letter) . WE, therefore petition the Mayor and All Members of Council of the Municipality of Clarington to defer making any decision on the Official Plan Amendment Application and Rezoning Application of TUNNEY PLANNING ON BEHALF OF PAULA LISHMAN INTERNATIONAL LIMITED, PART LOT 33, CONCESSION 6, FORMER TOWNSHIP OF CLARKE, FILE NO. DEV 97-058 (COPA 97-008 AND ROPA 97-020/D) . LANDOWNER: HANNU T. HALMINEN, IN TRUST, until such time as our concerns.;aro ad re se . NAME: ADDRESS SIGNATURE t CMUNICIPALITY OF Iarington REPORT #1 ONTARIO REPORT TO COUNCIL MEETING OF JUNE 29, 1998 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, June 22, 1998 R , .OMM ,NTAT T ONS• 1. RECEIVE FOR INFORMATION a) Report TR-50-98 Year 2000 Compliance Update b) Report FD-10-98 - Monthly Fire Report - May 1998 I c) Report WD-35-98 - Monthly Report on Building r Permit Activity for May 1998 2 . FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION a) Report WD-36-98 - Waste Management Pilot Project 3 .'° OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS, CLARINGTON PLACE LIMITED & 800769 ONTARIO LIMITED, PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON i i THAT Report PD-71-98 be received; THAT the portion of the application to amend the Clarington Official Plan as submitted by Clarington Place Limited (Application COPA 97-003) to permit a I parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be adopted as Amendment No. 8, as shown in Attachment No. 3 to Report PD-71-98, that the appropriate by-law be passed, and further that the amendment be forwarded to the Region of Durham for approval; THAT the portion of the application to amend the Clarington Official Plan as submitted by 800769 Ontario Limited to permit the entertainment commercial uses, i (Application COPA 97-003) be deferred pending submission of a revised application by the applicant; CORPORATION OF THE MUNICIPALITY OF CLAANGTON 40 TEMPERANCE STREET• ROWMANVILLE•ONTARIO.1 tQ AA2• 14nSl A91.11470. FAY c-51_A.eo Report #1 - 2 - June 29, 1998 THAT the portion of the application to amend Zoning By-law 84-63 (Application DEV 97-018) to permit a parking lot on the northeast corner of Clari,ngton Boulevard and Uptown Avenue be approved as shown in Attachment No. 4 to Report PD-71-98 and that the appropriate By-law be passed; and THAT the Region of Durham Planning Department, all interested parties listed in Report PD-71-98 and any delegations be advised of Council ' s decision. 4 . REMOVAL OF HOLDING " H" SYMBOL CLINIC BUILDINGS (1979) LIMITED, PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON i THAT Report PD-72-98 be received; I THAT the rezoning application submitted by Barry-Bryan Associates Limited on behalf of Clinic Buildings (1979) Limited requesting the removal of the Holding "H" symbol from the subject lands be approved; THAT the amending By-law attached to Report PD-72-98 be j forwarded to Council for approval; THAT a copy of Report PD-72-98 and the amending By-law be forwarded to the Region of Durham Planning Department; and i THAT all interested parties listed in Report PD-72-98 and any delegations be advised of Councils decision. I 5 . AMENDMENT TO SIGN BY-LAW OFF-SITE DIRECTIONAL TOURISM i SIGNS i THAT Report PD-73-98 be received; I THAT the accompanying policy and related fee structure contained in Attachment No. 2 to Report PD-73-98 to control and regulate the erection of off-site directional tourism signs be approved; THAT the amendment to Sign By-law No. 97-157 as contained in Attachment No. 4 to Report PD-73-98 be approved; THAT the amendment to the Planning Department Fee Schedule By-law No. 96-032, as contained in Attachment i No. 3 to Report PD-73-98 be approved; I Report #k1 - 3 - June 29, 1998 THAT the Municipality not accept the contract proposal presented by Canadian Tourism Oriented Directional Signing (TODS) Limited; THAT Tourism Operators be notified and sent a copy of Report PD-73-98 and Attachments; and THAT all interested parties listed in Report PD-73-98 and any delegations be advised of Council ' s decision. 6 . REMOVAL OF HOLDING " H" SYMBOL, ROBINSON RIDGE DEVELOPMENT INC. , PART LOT 35, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON THAT Report PD-74-98 be received; THAT Rezoning Application DEV 98-037 submitted by Robinson Ridge Development Inc. requesting the removal of the "Holding (H) " symbol from the subject lands be ! approved; THAT the amending by-law attached to Report PD-74-98 be forwarded to Council for approval; THAT a copy of Report PD-74-98 and the amending By-law be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-74-98 and any delegations be advised of Council ' s decision. 7 . PROPOSED PLAN OF SUBDIVISION AND REZONING APPLICATION, MR. JOSE IBANEZ ET AL, PART LOT 16, CONCESSION 1, FORMER TONNSHIP OF DLARINGTON THAT Report PD-75-98 be received; THAT the proposed Plan of Subdivision 18T-90050, revised and dated May 1, 1997, and further red-line revised, as per Attachment No. 2 to Report PD-75-98, be approved subject to the conditions contained in Attachment No. 3 to Report PD-75-98; i Report ##1 - 4 - June 29, 1998 THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time as a Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by Mr. Jose Ibanez be approved and that the Holding (H) symbol be removed by By-law upon execution of a Subdivision Agreement; THAT a copy of Report PD-75-98 and Council ' s decision be forwarded to the Region of Durham Planning Department; and I THAT all interested parties listed in Report PD-75-98 j and any delegations be advised of Council ' s decision. 8 . REQUEST FOR PARTIAL RELEASE OF SUBDIVISION AGREEMENT DRAFT PLAN OF SUBDIVISION, 18T-86062, JOST, PART LOT 9, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON i I THAT Report PD-76-98 be received; THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality of Clarington the partial release of the Subdivision Agreement registered on title November 12, 1996, under Instrument Number LT778654, affecting those lands located outside the limits of Registered Plan 40M-1882; and THAT all interested parties listed in Report PD-76-98 and any delegations be advised of Council ' s decision. 9 . REGIONAL OFFICIAL PLAN AMENDMENT, JOSEPH AND ELIAS MICHAEL THAT Report PD-77-98 be received; THAT Council recommend to the Region of Durham that Application ROPA 98-003 to amend the Durham Regional Official Plan submitted by Joseph and Elias Michael be approved; and THAT Durham Region Planning Department, all interested parties listed in Report PD-77-98 and any delegations be advised of Council ' s decision. i Report ##1 - 5 - June 29, 1998 10 . REMOVAL OF PART LOT CONTROL, GREEN MARTIN HOLDINGS LTD. , PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON i THAT Report PD-78-98 be received; THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot Control in respect to Block 62 on 40M-1907 be approved; THAT the Part Lot Control By-law attached to Report PD- 78-98 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7 . 1) of the Planning Act, R.S.O. 1990, as amended; and THAT' all interested parties listed in Report PD-78-98 and any delegations be advised of Council ' s decision. 11. REZONING APPLICATION - 290572 ONTARIO LIMITED, PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON, NORTH WEST CORNER OF COURTICE ROAD AND SANDRINGHAM DRIVE THAT Report PD-79-98 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by D.G. Biddle and Associates Limited on behalf of 290572 Ontario Limited be approved; THAT the amending by-law attached to Report PD-79-98 be forwarded to Council for approval; THAT a copy of Report PD-79-98 and amending by-law be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-79-98 and any delegations be advised of Council ' s decision. 12 . 757001 ONTARIO LIMITED, TIMBERLAND COURT EXTENSION, SUBDIVISION 49M-1785, CERTIFICATE OF RELEASE THAT Report PD-80-98 be received; THAT, pursuant to the provisions of Paragraph 5 . 26 of the Subdivision Agreement between the Municipality and 757001 Ontario Limited, the Municipality has no objections to the issuance of the "Certificate of Release"; 1 Report ##1 - 6 - June 29, 1998 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 757001 Ontario Limited be informed of Council ' s decision. I 13 . REQUEST FOR RELEASE OF SECURITY DEPOSIT REGISTERED PLAN OF SUBDIVISION 10M-793, ROSSERT TAUNUS CONSTRUCTION LTD. , PART LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON THAT Report PD-81-98 be received for information; and THAT all interested parties listed in Report PD-81-98 and any delegations be advised of Council ' s decision. 14 . REZONING APPLICATION, QUARRY LAKES GOLF & RECREATION CENTRE INC. , PART LOTS 13 AND 14, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON, 3705 REGIONAL ROAD 57, SOUTH OF CONCESSION ROAD 4 THAT Report PD-82-98 be received; i THAT the rezoning application submitted by G.M. Sernas and Associates Ltd. on behalf of Quarry Lakes Golf and Recreation Centre Inc. be approved as contained in Attachment No. 3 to Report PD-82-98; THAT a copy of Report PD-82-98 and the amending by-law be forwarded to the Region of Durham Planning i Department; and THAT all interested parties listed in Report PD-82-98 and any delegations be advised of Council ' s decision. 15. COFFEE TIME DONUTS, NEWCASTLE i THAT the Director of Planning and Development be requested to submit a report on the process which was followed for the Site Plan Application made by Coffee Time Donuts, Newcastle, for the drive thru, addressing how the neighbours were advised during the process. I i i Report ##1 - 7 - June 29, 1998 16 . HUNTING ACTIVITES IN THE MUNICIPALITY THAT Report CD-30-98 be received; THAT the firearms by-law for the Municipality of Clarington remain unchanged; THAT the Ministry of Natural Resources, the Ontario Federation of Anglers and Hunters and the Durham Regional Police be requested to increase enforcement activities in the area of the Kendal Crown Lands and the rural areas of the municipality for the purpose of controlling unlawful hunters; THAT, . for the balance of 1998, a Committee be established composed of: - 1 hunter who resides in Clarington - 1 member of the OFAH who resides in Clarington - 2 concerned residents of Clarington - 1 staff member of the Ministry of Natural Resources - Staff Sgt. Ted Dionne - AStaff Sgt.' Dionne to act as chairman of the / Committee - meetings of the Committee are to be called by Staff "x. Sgt . Dionne with recorded minutes and minutes circulated to Council - Staff Sgt. Dionne to report to Council in person at the December 14, 1998, regular Council Meeting; and THAT the individuals listed in CD-30-98 and interested / parties be advised of Council ' s decision and be forwarded a copy of CD-30-98 . 17 . PARKING PROPOSAL - BOWMANVILLE BUSINESS CENTRE THAT Report CD-31-98 be tabled to the Council meeting scheduled for June 29, 1998 to allow Staff to report on the feasibility and financial implications of the revised recommendations presented by the Bowmanville Business Centre. 18 . IMPLEMENTATION OF A CURFEW THAT Report CD-21-98 be received; THAT the amendments to By-law 94-180 attached to Report CD-21-98 be approved; and Report ##1 - 8 - June 29, 1998 THAT the interested parties listed in Report CD-21-98 be advised of Council ' s decision. 19 . LONG-TERM SERVICE AND RETIREMENT I THAT the Addendum to Report CD-34-97 be received; and THAT the policy attached to the Addendum to Report CD-34-97 as Attachment No. 1 be adopted as the Municipality of Clarington' s Long-Term Service and j Retirement Policy. 20 . PURCHASE OF JANITORIAL AND CLEANING SUPPLIES ! i THAT TR-48-98 be received; j THAT staff be authorized to issue a Systems Contract Order to Swish Maintenance Co. , Whitby, Ontario, to participate in the TOPS Buying Group for cleaning supplies, as required by the Municipality of Clarington, to commence July 1, 1998 and expire June 30, 1999; THAT the contract term, pending satisfactory products, service and pricing, be automatically extended for a second and third year; THAT Purchasing By-law #94-129, Paragraph 5 . 06, be waived for this transaction; and THAT the required funds be drawn from each department ' s Operating Fund. j 21. 1997 AUDIT REPORT AND MANAGEMENT LETTER THAT Report TR-49-98 be received; THAT the presentation by Deloitte and Touche on the 1997 Financial Statements be acknowledged with thanks; THAT the Financial Statements for the year ended December 31, 1997 be adopted; THAT recommendations contained in the management letter be reviewed by staff and addressed appropriately and report back on any necessary changes; and THAT the firm of Deloitte and Touche be appointed as the Municipality' s Auditors for the 1998 year end audit. Report ##1 - 9 _ June 29, 1998 22 . CASH ACTIVITY REPORT - APRIL 1998 THAT Report TR-51-98 be received; THAT in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the month ended April 30, 1998, is as i shown on the schedule attached to Report TR-51-98 ; and THAT Part "A" of the expenditures for the month of April 1998 , be confirmed. 23 . Q98-11, DRIVEWAY PAVING i THAT Report TR-52-98 be received; THAT Tri-Son Contracting Inc. , Port Perry, Ontario, with a total unit price of $16 . 15 per square metre being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q98-11, be awarded the contract for driveway paving for the Municipality of Clarington, as required by the Department of Public Works; and THAT the funds be drawn from the Public Works Road Maintenance Accounts . 24 . TENDER CL98-10, FIRE FIGHTER BUNKER SUITS THAT Report TR-53-98 be received; THAT Starfield Safetywear Limited, Oakville, Ontario, with a total bid in the amount of $25, 731 .25 (including taxes) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-10, be awarded the contract to supply and deliver twenty- five (25) firefighter bunker suits, as required by the Municipality of Clarington, Fire Department; and THAT the required funds be provided from the approved 1998 Fire Department Capital Budget Account #7102-00007-0520 . Report #1 - 10 - June 29, 1998 25 . ACCEPTANCE OF CONTRACTS AND QUOTATIONS THAT Report TR-45-98 be received; THAT the Chief Administrative Officer and Treasurer or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council; THAT the Mayor and Clerk subject to the above recommendation, be authorized to execute the necessary contracts or agreements; and THAT an information report and any applicable by-laws be presented at the first G. P.A. Committee meeting in September summarizing the tender or quotations that have been awarded. 26. CL98-8, ONE (1) ONLY CAB AND CHASSIS, 39,000 G.V.W. , WITH PLOW AND SANDER THAT Report TR-55-98 be received; THAT Donway Sterling, Scarborough, Ontario, with a total bid in the amount of $146, 572 . 10 (including taxes) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-8, be awarded the contract to supply one (1) only Cab and Chassis, 39, 000 G.V.W. , with Plow and Sander, as required by the Municipality of Clarington, Department of Public Works; THAT funds in the amount of $133, 000.00 be provided from iI the 1998 Public Works Capital Budget Account #7203-00000-0505; and THAT additional funds in an approximate amount of $2, 472 . 00 be drawn from the Public Works Equipment Reserve Account #2900-00010-0000 and approximately $6, 000 . 00 from the Public Works Development Charge Reserve Fund Account #1110-00184-0000 . 27 . INTEREST FREE LOANS WHEREAS the Province of Ontario no longer has programs i offering interest free loans to B. I.A. ' s to perform the necessary work needed to enhance their downtown core; Report #1 - 11 - June 29, 1998 NOW THEREFORE BE IT RESOLVED THAT the Treasurer investigate and report on the feasibility of making available interest free loans to assist our B. I .A. ' s with their long term goals . 28 . SKATE BOARDING RAMP I THAT the second skate boarding ramp damaged by fire in Orono not be replaced for the 1998 season; and THAT, if the Municipality has another skate boarding ramp available, it be installed in another part of the municipality. 29 . RICKARD RECREATION COMPLEX - CONCESSION EQUIPMENT I THAT Report CS-11-98 be received; THAT the Grill/Deep Fryer equipment identified on Page 359 of the Community Services Department 1998 Capital and Four Year forecast be brought forward for approval in 1998 ; and THAT the necessary funds be drawn from the Parkland Cash-in-lieu Account #5001-7-X. 30 . EXPANSION PROJECT - RICKARD RECREATION COMPLEX THAT Report- CS-12-98 be received; THAT Council authorize a $120, 000 . 00 increase to the contingency allowance for the Rickard Recreation Complex expansion project; and THAT the funds be drawn from the Impact/Escrow Reserve Fund Account #1110-196-4 . i Report #1 - 12 - June 29, 1998 31. WATER SPRING, CONCESSION 8, LOT 5. DART.TNY_'T()V THAT Report WD-34-98 be received; THAT the Municipality apply to the Province of Ontario, Ontario Heritage Foundation, under the "Local Marking Program" to assist in the wording and funding of a proper historical plaque for the site of the previous water spring and report back; THAT the Municipality' s portion of the funding be obtained from Account #7211-0411-0169; and THAT .Mr. Cameron be provided with a copy of Report WD-34-98 and advised of Council ' s decision. 32 . OLD SCUGOG ROAD REALIGNMENT AND SCUGOG STREET REALIGNMENT TRAFFIC AMENDMENTS THAT Report WD-37-98 be received; THAT Traffic By-law 91-58 be amended to provide a stop condition on Old Scugog Road (Court section) at Old Scugog Road as the result of the approved road realignment; THAT Traffic By-law 91-58 be amended to provide a 60 km/hr speed zone on Old Scugog Road from Taunton Road to 600 metres southerly; THAT Traffic By-law 91-58 be amended to provide a stop condition on Scugog Street at the Middle Road Intersection; and THAT the by-law attached to Report WD-37-98 be passed by Council. i Report #1 - 13 - June 29, 1998 I 33 . REQUEST FOR SOCCER PITCHES AT THE NORTHEAST CORNER OF HIGHWAY NO. 2 AND CENTERFIELD DRIVE, COURTICE i THAT Report WD-38-98 be received; jTHAT the property located at the northeast corner of Highway No. 2 and Centerfield Drive, Courtice, represents an undesirable location for a soccer pitch; and THAT Mrs . Marie Racine be advised of Council ' s decision. 34 . STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO AND NEWCASTLE BUSINESS IMPROVEMENT ASSOCIATIONS I i THAT Report WD-40-98 be received; THAT Council recommend against the purchasing of benches and planters for the Business Improvement Areas of Orono and Newcastle; and THAT Council consider and make a decision at the Council meeting of June 29, 1998, on offering an interest free loan to the Orono and Newcastle B. I .A. s for the purchase of benches and planters for their downtown business areas. 35. SPEED HUMPS - ENNISKILLEN I THAT Report WD-41-98 be received; I THAT the Municipality continue to monitor the progress of traffic calming in the areas and review any future guidelines adopted by the Transportation Association of Canada (TAC) , Canadian Institute of Transportation Engineers (CITE) , and the Ontario Traffic Conference (OTC) ; THAT the Municipality not experiment with speed humps in Enniskillen or any other location at this time but defer such actions until standardized traffic calming guidelines are established; THAT the establishment of a Traffic Management Committee be considered and work with a consulting firm to create a comprehensive municipal policy, if funds are available, during the 1999 budget deliberations; and i Report ##1 - 14 - June 29, 1998 THAT Mike Bilsky and Lloyd Thomas be advised of Council ' s decision. 36 . CORPORATE HEALTH AND SAFETY PROGRAM THAT Report ADMIN-06-98 be received; THAT a copy of the Annual Report of the Corporate Joint Health and Safety Committee be received; THAT the revised Corporate Health and Safety Program (Attachment ##1 to Report ADMIN-06-98) be approved; THAT the Corporate Health and Safety Program Initiatives (Attachment ##2) identified in Report ADMIN-06-98 be forwarded to Council for approval; THAT amended By-law 96-63 be repealed; THAT the By-law attached to Report ADMIN-06-98 (Attachment ##3) be forwarded to Council for approval; and THAT the Members of the Health and Safety Committee be thanked and commended on their efforts and they be wished continued success in their future endeavours . 37 . OSHAWA/CLARINGTON ASSOCIATION FOR COMMUNITY LIVING LEASE AGREEMENT THAT Report ADMIN-11-98 be received; THAT the lease agreement with the Oshawa/Clarington Association for Community Living in the amount of $261 . 25 for a one year term be approved; THAT the lease agreement with the John Howard Society in the amount of $261.25 for a one year term be approved; and THAT the By-laws attached to Report ADMIN-11-98 and marked Attachment ##1 and Attachment ##2 be approved authorizing the Mayor and Clerk to execute the necessary agreements. i I Report ##1 - 15 - June 29, 1998 38 . APPOINTMENTS TO THE BOWMANVILLE MUSEUM BOARD THAT Warner G. Fehn and Tim Tufts be appointed to the Bowmanville Museum Board for a term ending November 30, 2000 . 39 . APPOINTMENT TO THE CLARKE MUSEUM BOARD THAT James Hutchison be appointed to the Clarke Museum Board for a term ending November 30, 2000 . 40 . APPOINTMENTS TO THE ANIMAL ADVISORY COMMITTEE THAT Laurie Ovenden and Nick VanSeggelen be appointed to the Animal Advisory Committee. f } I N THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 22, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 22, 1998 at 9:30 a.m., in the Council Chambers. 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.Stockwell Municipal Clerk,P.Barrie(until 1:20 p.m.) Director of Community Services,J.Caruana(until 2:55 p.m.) Fire Chief,M.Creighton (until 2:55 p.m.) Treasurer,M.Marano(until 2:55 p.m.) Director of Public Works,S.Vokes (until 2:55 p.m.) Director of Planning and Development,F.Wu (until 2:55 p.m.) Deputy Clerk,M.Knight Mayor Harare chaired this portion of the meeting. Mayor Harare introduced Ms.Shannon Short,Grade 5 student at who won the essay contest entitled"Mayor for a Day"and will be at Mayor Harare's side during the meeting. DISCLOSURE OF PECUNIARY INTEREST Councillor Rowe indicated that she would be making a disclosure of pecuniary interest pertaining to Report PD-72-98. MINUTES i Resolution#GPA-364-98 Moved by Councillor Mutton,seconded by Councillor Novak THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 8, 1998,be approved. "CARRIED" I G.P.&A. Minutes -2- June 22, 1998 PRESENTATION (a) Fred Horvath and Katlic Groen,Co-Chairs,Joint Health and Safety Committee—introduced members of the Health and Safety Committee and advised that Report ADMIN-06-98 is a culmination of the efforts of the Committee and amalgamation of the Public Works and Town Hall Committees. This is Health and Safety Week and various activities have been planned to raise awareness of the importance of safety in the workplace. (b) Bernie Chandler,Deloitte&Touche,Chartered Accountants, 5140 Yonge Street,Suite 1700,North York,M2N 6L7—re: Report TR-49-98— circulated the 1997 consolidated Financial Reports and Auditors Reports and thanked staff for their cooperation during the course of the audit. He advised that the Municipality of Clarington is in good financial condition. (c) Michael Patrick,President,Board of Trade,c/o Jennifer Cooke— circulated a document entitled"Clarington Board of Trade—First Year Work Plan". He advised that the initial organizational meeting has been held, by-laws have been created,a membership coordinator has been hired,the draft budget has been completed,an office has been set up,the first newsletter has been circulated and the first annual general meeting has been held. The following are in progress: • complete incorporation, • insurance programs, • agreement with the municipality, • the establishment of a web page;and • membership drive. DELEGATIONS (a) Glenn Genge,Greer Galloway Group,40 King Street West,Suite 204, Oshawa,L1H IA4—re: Report PD-75-98 noted concurrence with the recommendations contained in the staff report and was present to answer questions. (b) Dale Toombs, -re: Report PD-77-98 agreed with the recommendations in the staff report and was present to answer questions. (c) Nick Mensink,G.M.Sernas and Associates,110 Scotia Court,Unit 41,- -- Whitby,LIN 8Y7—re: Report PD-82-98 supported the recommendations contained in the staff report and was present to answer questions. (d) Edgar Lucas,Intowne Gallery,Representative of the Bowmanville Business Improvement Area—re: Report CD-31-98 presented a"proposal update"with revised recommendations. (d) Mike Bilsky, -Report WD-41-98—advised that some of his concerns have not been addressed in the staff report and suggested that a member of staff from the Municipality of Pickering address Members of the Committee at some future date. it G.P.&A.Minutes -3- June 22, 1998 DELEGATIONS CONT'D (f) Stephen Wood, re: Report CD-30-98-advised that he is representing all delegations who were scheduled to speak in opposition to the recommendations contained in Report CD-30-98 and for approximately 70 farmers and land owners as the report does not attempt to address the concerns of the persons in Kendal who feel that the police have no time to enforce the"free fire zone". He noted that families do not feel safe and that high-powered weapons with high velocity bullets is an ongoing problem. (g) Richard Stephenson, -Report CD-30-98-was called but was not present. (h) Pat Atkins, -Report CD-30-98 was called but was not present. (i) Eric Atkins, -Report CD-30-98-was called but was not present. (j) Les Bergmann,: Report CD-30-98-was called but was not present. (k) Delbert Grills, -Report CD-30-98- advised that he would not be addressing Members of the committee. (1) Scott Alldread, -Report CD-30-98- was called but was not present. (m) Jerry Hale,, -Report CD-30-98-advised that he would not be addressing Members of the Committee. (n) Robert Bouley, -Report CD-30-98-advised that he is a farmer who does not own a gun. In his opinion,this is not a Municipal problem but a Provincial one. He stated that hunters are needed to kill the coyotes and the wolves in order to protect farmers' livestock. Hunting has been taking place for the last 35 years and no one has been hurt. He advised that the wolf population has tripled over the last 10 years and that hunting is the only way to control the wolf and coyote population. (o) Norm Jung,Ontario Federation of Anglers and Hunters,115 Oshawa Boulevard North,Oshawa,UG 5W2-Report CD-30-98-noted that there are two issues being addressed: 1) controlled pheasant hunt;and 2) predator hunting He advised that Kendal can not be compared to Oshawa and Whitby. He stated that hunting takes place for only 10 weeks in a year. He commended staff on the contents of Report CD-30-98 and suggested that,if a Committee is formed, the composition of the Committee should include 1 hunter from the Municipality of Clarington, 1 member of the OFAH and 1 member from the - Ministry of Natural Resources. He noted his willingness to be a member of the Committee. I i G.P.&A. Minutes -4- June 22, 1998 DELEGATIONS CONT'D Resolution#GPA-365-98 i Moved by Councillor Mutton,seconded by Councillor Schell THAT the Committee recess for 15 minutes. i "CARRIED" The meeting reconvened at 11:10 a.m. Mayor Hamre thanked Shannon Short"Mayor for a Day"and presented her with a souvenir from the Municipality of Clarington. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING Pursuant to the Planning Act,the Council of the Municipality of Clarington, through its General Purpose and Administration Committee,is holding a Public Meeting for the following application: (a) Official Plan Amendment and Rezoning Applications—Part Lot 16, Concession 1,former Township of Darlington—Clarington Place Limited and 800769 Ontario Limited The Deputy Clerk advised that the rezoning application was sent by first class mail i on or before May 21, 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 site prior to June 1, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. Public notice for the Official Plan Amendment Application was placed in local newspapers on or before May 27, 1998. In addition,notices were also posted on the site prior to June 1, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments,then the objectors would be heard,followed-by the supporters and-the applicant — (a) Report PD-71-98—Clarington Place Limited and 800769 Ontario Limited— would amend the Clarington Official Plan as follows: • A new policy section would be introduced into the Bowmanville West Main Central Area Secondary Plan to permit entertainment commercial uses; • A 4.8 hectare area of land located in Part Lot 16,Concession 1,former Township of Darlington at the northeast corner of Highway 2 and Green Road would be redesignated from"High Density Residential" and"Medium Density Residential"to permit entertainment commercial uses;and i I G.P.&A. Minutes - 5 - June 22, 1998 PUBLIC MEETINGS CONT'D • A 0.5 hectare parcel of land located in Part Lot 16,Concession 1, former Township of Darlington at the northeast corner of Clarington Boulevard and Uptown Avenue would be redesignated from "Community Facility"to permit a commercial parking lot. Proposed Zoning By-law Amendment to change: • A 4.8 hectare area of land located in Part Lot 16,Concession 1, former Township of Darlington at the northeast corner of Highway 2 and Green Road would be rezoned from"Agricultural (A)"to an appropriate zone permitting entertainment commercial uses;and • A temporary use by-law would be repealed on a 0.5 hectare parcel of land located in Part Lot 16,Concession 1,former Township of Darlington at the northeast corner of Clarington Boulevard and Uptown Avenue and the property would be zoned"General Commercial Exception(C1-22)Zone"to permit a commercial parking lot. No one spoke in opposition to or in support of the application. R.Martindale,Martindale Planning Services,23 Elizabeth Street,Ajax, LIT 2X1—was present to answer questions from Members of the Committee. PLANNING AND DEVELOPMENT DEPARTMENT Official Plan Resolution#GPA-366-98 Amendment& Rezoning Application Moved by Mayor Harare,seconded by Councillor Schell Clarington Place Ltd. &800769 Ontario THAT Report PD-71-98 be received; Ltd. D09.COPA.97.003 THAT the portion of the application to amend the Clarington Official Plan D14.DEV.97.018 as submitted by Clarington Place Limited(Application COPA 97-003)to permit a parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be adopted as Amendment No. 8,as shown in Attachment No.3 to Report PD-71-98, that the appropriate by-law be passed,and further that the amendment be forwarded to-the-Region-of-Durham-for approval;--- -- - — - THAT the portion of the application to amend the Clarington Official Plan as submitted by 800769 Ontario Limited to permit the entertainment commercial uses (Application COPA 97-003)be deferred pending submission of a revised application by the applicant; THAT the portion of the application to amend Zoning By-law 84-63(Application DEV 97-018)to permit a parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be approved as shown in Attachment No.4 to Report PD-71-98 and that the appropriate By-law be passed;and THAT the Region of Durham Planning Department,all interested parties listed in Report PD-71-98 and any delegations be advised of Council's decision. "CARRIED" i i , . G.P.&A. Minutes -6- June 22, 1998 I PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Councillor Rowe disclosed a pecuniary interest with respect to Report PD-72-98, and refrained from discussion and voting on the matter. Councillor Rowe's spouse is a business partner. Removal of Resolution#GPA-367-98 Holding"H" Symbol Clinic Moved by Councillor Mutton,seconded by Councillor Young Building Ltd D14.DEV.98.024 THAT Report PD-72-98 be received; THAT the rezoning application submitted by Barry-Bryan Associates Limited on behalf of Clinic Buildings(1979)Limited requesting the removal of the Holding "H"symbol from the subject lands be approved; THAT the amending By-law attached to Report PD-72-98 be forwarded to Council for approval; i THAT a copy of Report PD-72-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-72-98 and any delegations be advised of Council's decision. "CARRIED" Amendment to Resolution#GPA-368-98 Sign By-law T07.SI Moved by Councillor Schell,seconded by Councillor Mutton THAT Report PD-73-98 be received; THAT the accompanying policy and related fee structure contained in Attachment No.2 to Report PD-73-98 to control and regulate the erection of off-site directional tourism signs be approved; THAT the amendment to Sign By-law No.97-157 as contained in Attachment No.4 to Report PD-73-98 be approved; i THAT the amendment to the-Planning Department Fee Schedule By-law - No.96-032,as contained in Attachment No.3 to Report PD-73-98 be approved; i THAT the Municipality not accept the contract proposal presented by Canadian I Tourism Oriented Directional Signing(TODS)Limited; THAT Tourism Operators be notified and sent a copy of Report PD-73-98 and Attachments;and THAT all interested parties listed in Report PD-73-98 and any delegations be advised of Council's decision. "CARRIED" G.P.&A. Minutes -7- June 22, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Removal of Resolution#GPA-369-98 Holding"H" Symbol Robinson Moved by Councillor Young, seconded by Mayor Hamre Ridge Dev. Inc. D14.DEV.98.037 THAT Report PD-74-98 be received; D 12.18T.89037 THAT Rezoning Application DEV 98-037 submitted by Robinson Ridge Development Inc.requesting the removal of the"Holding(H)"symbol from the subject lands be approved; THAT the amending by-law attached to Report PD-74-98 be forwarded to Council for approval; THAT a copy of Report PD-74-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-74-98 and any delegations be advised of Council's decision. "CARRIED" Proposed Plan Resolution#GPA-370-98 of Subdivision& Rezoning Application Moved by Mayor Hamre,seconded by Councillor Trim Mr.Jose Ibanez Et Al THAT Report PD-75-98 be received; D14.DEV.91.002 D 12.18T.90050 THAT the proposed Plan of Subdivision 18T-90050,revised and dated May 1, 1997,and further red-line revised,as per Attachment No.2 to Report PD-75-98,be approved subject to the conditions contained in Attachment No.3 to Report PD-75-98; THAT the Mayor and Clerk be authorized,by by-law,to execute a Subdivision Agreement between the Owner and the Municipality of Clarington,at such time as a Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63,as-amended,submitted by Mr.Jose Ibanez be approved and- that the"Holding(H)"symbol be removed by By-law upon execution of a Subdivision Agreement; THAT a copy of Report PD-75-98 and Council's decision be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-75-98 and any delegations be advised of Council's decision. "CARRIED" G.P.&A.Minutes _g_ June 22, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Request for Resolution#GPA-371-98 Partial Release of Subdivision Moved by Councillor Trim,seconded by Councillor Rowe Agreement,Jost D 12.18T.86062 THAT Report PD-76-98 be received; i THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality of Clarington the partial release of the Subdivision Agreement registered on title November 12, 1996,under Instrument Number LT778654, affecting those lands located outside the limits of Registered Plan 40M-1882;and THAT all interested parties listed in Report PD-76-98 and any delegations be advised of Council's decision. "CARRIED" Regional Official Resolution#GPA-372-98 Plan Amendment Joseph&Elias Moved by Councillor Mutton,seconded by Councillor Schell Michael D09.ROPA.98.003 THAT Report PD-77-98 be received; THAT Council recommend to the Region of Durham that Application ROPA 98-003 to amend the Durham Regional Official Plan submitted by Joseph and Elias Michael be approved;and THAT Durham Region Planning Department,all interested parties listed in Report PD-77-98 and any delegations be advised of Council's decision. "CARRIED" I Removal of Resolution#GPA-373-98 Part Lot Control Green Martin Moved by Councillor Schell,seconded by Councillor Trim Holdings Ltd, D14.DEV.98.038 THAT Report PD-78-98 be received; THAT the request submitted by Green Martin Holdings Ltd.for removal of Part Lot Control in respect to Block 62 on 40M-1907 be approved; THAT the Part Lot Control By-law attached to Report PD-78-98 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1)of the Planning Act,R.S.O. 1990,as amended;and THAT all interested parties listed in Report PD-78-98 and any delegations be advised of Council's decision. "CARRIED" i G.P.&A.Minutes -9- June 22, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Rezoning Resolution#GPA-374-98 Application 290572 Ontario Ltd Moved by Councillor Rowe,seconded by Councillor Young D14.DEV.98.011 THAT Report PD-79-98 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle,as amended,submitted by D.G.Biddle and Associates Limited on behalf of 290572 Ontario Limited be approved; THAT the amending by-law attached to Report PD-79-98 be forwarded to Council for approval; THAT a copy of Report PD-79-98 and amending by-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-79-98 and any delegations be advised of Council's decision. "CARRIED" 757001 Ontario Resolution#GPA-375-98 Ltd, Certificate of Release Moved by Mayor Hamre,seconded by Councillor Mutton L04.CE THAT Report PD-80-98 be received; THAT,pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and 757001 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 THAT 757001 Ontario Limited be informed of Council's decision. "CARRIED" i Request for Release Resolution#GPA-376-98 of Security Deposit Rossert Taunus Moved by Mayor Hamre,seconded Councillor Young Construction Ltd. D12.18T.86047 THAT Report PD-81-98 be received for information;and THAT all interested parties listed in Report PD-81-98 and any delegations be advised of Council's decision. "CARRIED" i G.P.&A. Minutes _ 10- June 22, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Rezoning Application Resolution#GPA-377-98 Quarry Lakes Golf &Recreation Centre Moved by Councillor Mutton,seconded by Councillor Young Inc. D 14.DEV.98.023 THAT Report PD-82-98 be received; THAT the rezoning application submitted by G.M. Sernas and Associates Ltd. on behalf of Quarry Lakes Golf and Recreation Centre Inc.be approved as contained in Attachment No.3 to Report PD-82-98; THAT a copy of Report PD-82-98 and the amending by-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-82-98 and any delegations be advised of Council's decision. "CARRIED" Coffee Time Resolution#GPA-378-98 Donuts Newcastle Moved by Councillor Trim,seconded by Councillor Young THAT the Director of Planning and Development be requested to submit a report on the process which was followed for the Site Plan Application made by Coffee Time Donuts,Newcastle,for the drive thru,addressing how the neighbours were advised during the process. "CARRIED" Resolution#GPA-379-98 Moved by Mayor Hamre,seconded by Councillor Schell THAT the Committee recess for lunch until 1:00 p.m. "CARRIED" The meeting reconvened at 1:00 p.m. Councillor Trim chaired this portion of the meeting. i CLERK'S DEPARTMENT Hunting Activities Resolution#GPA-380-98 in the Municipality D05.GE Moved by Councillor Mutton,seconded by Councillor Schell THAT Report CD-30-98 be received; THAT the firearms by-law for the Municipality of Clarington remain unchanged; • • i i G.P.&A. Minutes - 1 l - June 22, 1998 CLERKS DEPARTMENT CONT'D THAT the Ministry of Natural Resources,the Ontario Federation of Anglers and Hunters and the Durham Regional Police be requested to increase enforcement activities in the area of the Kendal Crown Lands and the rural areas of the municipality for the purpose of controlling unlawful hunters; THAT,for the balance of 1998,a Committee be established composed of- - I hunter who resides in Clarington - 1 member of the OFAH who resides in Clarington - 2 concerned residents of Clarington - 1 staff member of the Ministry of Natural Resources - Staff Sgt.Ted Dionne - Staff Sgt.Dionne to act as chairman of the Committee - meetings of the Committee are to be called by Staff Sgt. Dionne with recorded minutes and minutes circulated to Council - Staff Sgt.Dionne to report to Council in person at the December 14, 1998, regular Council Meeting;and THAT the individuals listed in CD-30-98 and interested parties be advised of Council's decision and be forwarded a copy of CD-30-98. "CARRIED" i Parking Proposal Resolution#GPA-381-98 Bowmanville Business Centre Moved by Mayor Harare,seconded by Councillor Schell T02.GE THAT Report CD-31-98 be tabled to the Council meeting scheduled for June 29, 1998 to allow Staff to report on the feasibility and financial implications of the revised recommendations presented by the Bowmanville Business Centre. "CARRIED" Implementation Resolution#GPA-382-98 of a Curfew Moved by Councillor Novak,seconded by Councillor Mutton THAT Report CD-21-98 be received; THAT the amendments to By-law 94-180 attached to Report CD-21-98 be approved;and THAT the interested parties listed in Report CD-21-98 be advised of Council's decision. "CARRIED" ICI i G.P. &A. Minutes - 12- June 22, 1998 I CLERKS DEPARTMENT CONT'D Resolution#GPA-383-98 I Moved by Councillor Mutton,seconded by Councillor Rowe THAT the order of the agenda be altered to allow for consideration of the Addendum to Report CD-34-97 listed under"Unfinished Business"at this time. "CARRIED" Long-Term Resolution#GPA-384-98 Service and Retirement Moved by Councillor Mutton,seconded by Councillor Rowe A09.PE THAT the Addendum to Report CD-34-97 be received;and THAT the policy attached to the Addendum to Report CD-34-97 as Attachment No. 1 be adopted as the Municipality of Clarington's Long-Term Service and Retirement Policy. "CARRIED" TREASURY DEPARTMENT Councillor Mutton chaired this portion of the meeting. Purchase of Resolution#GPA-385-98 Janitorial and Cleaning Supplies Moved by Councillor Trim,seconded by Councillor Schell F18.QU THAT TR-48-98 be received; THAT staff be authorized to issue a Systems Contract Order to Swish Maintenance Co.,Whitby,Ontario,to participate in the TOPS Buying Group for cleaning supplies,as required by the Municipality of Clarington,to commence July 1, 1998 and expire June 30, 1999; THAT the contract term,pending satisfactory products,service and pricing,be automatically extended for a second and third year; THAT Purchasing By-law#94-129,Paragraph 5.06,be waived for this transaction; and i THAT the required funds be drawn from each department's Operating Fund. "CARRIED" i i' G.P.&A. Minutes - l3 - June 22, 1998 TREASURY DEPARTMENT CONT'D 1997 Audit _ Resolution#GPA 386-98 Report and Management Moved by Councillor Schell,seconded by Councillor Rowe Letter F03.AU THAT Report TR-49-98 be received; THAT the presentation by Deloitte and Touche on,the 1997 Financial Statements be acknowledged with thanks; THAT the Financial Statements for the year ended December 31, 1997 be adopted; THAT recommendations contained in the management letter be reviewed by staff and addressed appropriately and report back on any necessary changes;and THAT the firm of Deloitte and Touche be appointed as the Municipality's Auditors for the 1998 year end audit. "CARRIED" Year 2000 . Resolution#GPA-387-98 Compliance Update Moved by Councillor Novak,seconded by Councillor Rowe THAT Report TR-50-98 be received for information. "CARRIED" Cash Activity Resolution#GPA-388-98 Report April 1998 Moved by Councillor Schell,seconded by Councillor Trim F10.CA THAT Report TR-51-98 be received; THAT in accordance with provision of Chapter M-45,Section 79(1)of the Municipal Act,R.S.O. 1990,the Treasurer reports the cash position of the Municipality of Clarington for the month ended April 30, 1998,is as shown on the schedule attached to Report TR-51-98;and THAT Part"A"of the expenditures-for the month of April 1998,be confirmed. "CARRIED" Q98-11 Driveway Resolution#GPA-389-98 Paving F18.QU Moved by Councillor Trim,seconded by Councillor Young THAT Report TR-52-98 be received; G.P.&A. Minutes - 14- June 22, 1998 TREASURY DEPARTMENT CONT'D i THAT Tri-Son Contracting Inc.,Port Perry,Ontario,with a total unit price of $16.15 per square metre being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q98-11,be awarded the contract for driveway paving for the Municipality of Clarington,as required by the Department of Public Works;and THAT the funds be drawn from the Public Works Road Maintenance Accounts. "CARRIED" I Tender CL98-10 Resolution#GPA-390-98 Fire Fighter Bunker Suits Moved by Councillor Schell,seconded by Councillor Novak i F18.QU THAT Report TR-53-98 be received; THAT Starfield Safetywear Limited,Oakville,Ontario,with a total bid in the amount of$25,731.25(including taxes),being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL98-10,be awarded the contract to supply and deliver twenty-five(25)firefighter bunker suits,as required by the Municipality of Clarington,Fire Department;and THAT the required funds be provided from the approved 1998 Fire Department Capital Budget Account#7102-00007-0520. "CARRIED" Acceptance of Resolution#GPA-391-98 Contracts and Quotations Moved by Councillor Schell,seconded by Councillor Rowe L04.GE THAT Report TR-45-98 be received; THAT the Chief Administrative Officer and Treasurer or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council;. THAT the Mayor and Clerk subject to the above recommendation,be authorized to i execute the necessary contracts or agreements;and THAT an information report and any applicable by-laws be presented at the fast G.P.A.Committee meeting in September summarizing the tender or quotations that have been awarded. "CARRIED" CL98-8 One Resolution#GPA-392-98 Only Cab and Chassis Moved by Councillor Young,seconded by Councillor Rowe F 18.QU THAT Report TR-55-98 be received; G.P.&A. Minutes - 15- June 22, 1998 TREASURY DEPARTMENT CONT'D THAT Donway Sterling, Scarborough,Ontario,with a total bid in the amount of $146,572.10(including taxes),being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL98-8,be awarded the contract to supply one(1)only Cab and Chassis,39,000 G.V.W.,with Plow and Sander,as required by the Municipality of Clarington,Department of Public Works; THAT funds in the amount of$133,000.00 be provided from the 1998 Public Works Capital Budget Account#7203-00000-0505;and THAT additional funds in an approximate amount of$2,472.00 be drawn from the Public Works Equipment Reserve Account#2900-00010-0000 and approximately $6,000.00 from the Public Works Development Charge Reserve Fund Account #1110-00184-0000. "CARRIED" Interest Resolution#GPA-393-98 Free Loans Moved by Mayor Hamre,seconded by Councillor Schell WHEREAS the Province of Ontario no longer has programs offering interest free loans to B.I.A.'s to perform the necessary work needed to enhance their downtown core; NOW THEREFORE BE IT RESOLVED THAT the Treasurer investigate and report on the feasibility of making available interest free loans to assist our B.I.A.'s with their long term goals. "CARRIED" Councillor Schell chaired this portion of the meeting. FIRE DEPARTMENT Monthly Fire Resolution#GPA-394-98 Report-May 1998 Moved by Councillor Novak,seconded by Councillor Rowe C11.FD THAT Report FD-10-98 be received for information. "CARRIED" Skate Boarding Resolution#GPA-395-98 Ramp Moved by Mayor Harare,seconded by Councillor Trim THAT the second skate boarding ramp damaged by fire in Orono not be replaced for the 1998 season;and THAT, if the Municipality has another skate boarding ramp available,it be installed in another part of the municipality. "CARRIED" G.P.&A. Minutes - 16- June 22, 1998 COMMUNITY SERVICES DEPARTMENT i Councillor Rowe chaired this portion of the meeting. Rickard Recreation Resolution#GPA-396-98 Complex Concession Moved by Councillor Novak,seconded by Councillor Young Equipment THAT Report CS-11-98 be received; THAT the Grill/Deep Fryer equipment identified on Page 359 of the Community Services Department 1998 Capital and Four Year forecast be brought forward for approval in 1998;and i THAT the necessary funds be drawn from the Parkland Cash-in-lieu Account #5001-7-X. "CARRIED" Expansion Project Resolution#GPA-397-98 Rickard Recreation Complex.. Moved by Mayor Hamre,seconded by Councillor Trim THAT Report CS-12-98 be received; THAT Council authorize a$120,000.00 increase to the contingency allowance for the Rickard Recreation Complex expansion project;and THAT the funds be drawn from the Impact/Escrow Reserve Fund Account #1110-196-4. "CARRIED" Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT I Water Spring Resolution#GPA-398-98 Con 8,Lot 5 Darlington Moved by Councillor Rowe,seconded by Mayor Hamre THAT Report WD-34-98 be received; THAT the Municipality apply to the Province of Ontario,Ontario Heritage Foundation,under the"Local Marking Program"to assist in the wording and funding of a proper historical plaque for the site of the previous water spring; THAT Mr.Cameron be requested to contribute equally towards the purchase cost of the historical plaque with the Municipality; THAT the Municipality's portion of the funding be obtained from Account #7211-0411-0169; THAT,conditional upon receipt of funding,the Municipality provide secure installation and future maintenance of the plaque;and I � G.P.&A. Minutes - 17- June 22, 1998 PUBLIC WORKS DEPARTMENT CONT'D i THAT Mr.Cameron be provided with a copy of Report WD-34-98 and advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#GPA-399-98 Moved by Mayor Harare,seconded by Councillor Novak THAT the foregoing Resolution#GPA-398-98 be amended as follows: That the second paragraph be amended by adding the following wording thereto: "and report back"; and by deleting the third and fifth paragraphs therefrom. "CARRIED" The foregoing Resolution#GPA-398-98 was then put to a vote and CARRIED AS AMENDED. Monthly Report Resolution#GPA-400-98 on Building Permit Activity for May Moved by Councillor Schell,seconded by Councillor Trim 1998 P 10.MO THAT Report WD-35-98 be received for information. "CARRIED" Waste Management Resolution#GPA-401-98 Pilot Project E07.LA Moved by Mayor Hamre,seconded by Councillor Mutton THAT Report WD-36-98 be received; THAT Report WD-36-98 be approved FORTHWITH and forwarded to the Council of the Region of Durham for consideration at their meeting of June 30, 1998;and THAT the Council of the Regional Municipality of Durham be requested to refer Clarington's request to do a three-year pilot project for the handling of municipal solid waste by the wet/dry method,to the Works Department Staff to allow the Works Department,over the summer months,to discuss with Clarington Staff and the appropriate contractors,all details required to enable such a pilot project to take place and to enable a full report to come to the Works Committee at their first meeting,after the summer recess,FORTHWITH. "CARRIED" G.P.&A. Minutes - 18- June 22, 1998 PUBLIC WORKS DEPARTMENT CONT'D Old Scugog Resolution#GPA-402-98 Road Realignment T07.GE Moved by Councillor Schell,seconded by Councillor Novak THAT Report WD-37-98 be received; THAT Traffic By-law 91-58 be amended to provide a stop condition on Old Scugog Road(Court section)at Old Scugog Road as the result of the approved road realignment; THAT Traffic By-law 91-58 be amended to provide a 60 km/hr speed zone on Old Scugog Road from Taunton Road to 600 metres southerly; THAT Traffic By-law 91-58 be amended to provide a stop condition on Scugog Street at the Middle Road Intersection;and THAT the by-law attached to Report WD-37-98 be passed by Council. "CARRIED" i Request for Resolution#GPA-403-98 Soccer Pitches Moved by Councillor Novak,seconded by Councillor Rowe i THAT Report WD-38-98 be received; THAT the property located at the northeast corner of Highway No.2 and Centerfield Drive,Courtice,represents an undesirable location for a soccer pitch; and THAT Mrs.Marie Racine be advised of Council's decision. "CARRIED" Street Receptacles Resolution.#GPA-404-98 Benches&Planters Moved by Councillor Rowe,seconded by Councillor Novak THAT Report WD-40-98 be received;and THAT Council recommend against the purchasing of benches and planters for the Business Improvement Areas of Orono and Newcastle. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) G.P.&A.Minutes - 19- June 22, 1998 PUBLIC WORKS DEPARTMENT CONT'D Resolution#GPA-405-98 Moved by Mayor Hamre,seconded by Councillor Schell THAT the foregoing Resolution#GPA-404-98 be amended by adding the following third paragraph thereto: "THAT Council consider and make a decision at the Council meeting of June 29, 1998, on offering an interest free loan to the Orono and Newcastle B.I.A.s for the purchase of benches and planters for their downtown business areas". i "CARRIED" The foregoing Resolution#GPA-404-98 was then put to a vote and CARRIED AS AMENDED. jSpeed Humps Resolution#GPA-406-98 Enniskillen i Moved by Councillor Schell,seconded by Councillor Rowe i THAT Report WD-41-98 be received; THAT the Municipality continue to monitor the progress of traffic calming in the areas and review any future guidelines adopted by the Transportation Association of Canada(TAC),Canadian Institute of Transportation Engineers(CITE),and the Ontario Traffic Conference(OTC); THAT the Municipality not experiment with speed humps in Enniskillen or any other location at this time but defer such actions until standardized traffic calming guidelines are established; THAT the es `ishment of a Traffic Management Committee be considered and work with a co. `ting firm to create a comprehensive municipal policy,if funds are available,dui. ;the 1999 budget deliberations;and THAT Mike Bilsky and Lloyd Thomas be advised of Council's decision. i "CARRIED" Mayor Hamre chaired this portion of the meeting. ADMINISTRATION Corporate Health Resolution#GPA-407-98 and Safety Program H04.HE Moved by Councillor Schell,seconded by Councillor Rowe THAT Report ADMIN-06-98 be received; THAT a copy of the Annual Report of the Corporate Joint Health and Safety Committee be received; THAT the revised Corporate Health and Safety Program(Attachment#1 to Report ADMIN-06-98)be approved; G.P.&A. Minutes -20- June 22, 1998 ADMINISTRATION CONT'D THAT the Corporate Health and Safety Program Initiatives(Attachment#2) identified in Report ADMIN-06-98 be forwarded to Council for approval; THAT amended By-law 96-63 be repealed; THAT the By-law attached to Report ADMIN-06-98 (Attachment#3)be forwarded to Council for approval;and THAT the Members of the Health and Safety Committee be thanked and commended on their efforts and they be wished continued success in their future endeavours. "CARRIED" I Oshawa/Claririgton Resolution#GPA-408-98 Association for Community Living Moved by Councillor Novak,seconded by Councillor Trim THAT Report ADMIN-11-98 be received; THAT the lease agreement with the Oshawa/Clarington Association for Community Living in the amount of$261.25 for a one year term be approved; I THAT the lease agreement with the John Howard Society in the amount of$261.25 -for a one year term be approved;and i THAT the By-laws attached to Report ADMIN-11-98 and marked Attachment#1 and Attachment#2 be approved authorizing the Mayor and Clerk to execute the necessary agreements. "CARRIED" I UNFINISHED BUSINESS Addendum to See Resolution#GPA-384-98 on Page 12. CD-34-97 Clarington Resolution#GPA-409-98 Board of Trade Moved by Councillor Novak,seconded by Councillor Young THAT the presentation of Michael Patrick,Clarington Board of Trade,be acknowledged; THAT the annual work program and operation budget of the Clarington Board of Trade be approved by Council,as presented; THAT$35,000,being the full amount of the municipality's 1998 financial support as outlined in Report ADMIN-56-97 which was adopted by Council on December 15, 1997,be released to the Clarington Board of Trade;and THAT Michael Patrick be advised of Council's decision. "CARRIED" i G.P. &A. Minutes -21 - June 22, 1998 OTHER BUSINESS i Appointments Resolution#GPA-410-98 to Boards C 12.GE Moved by Councillor Novak,seconded by Councillor Schell THAT the Confidential memorandum from the Municipal Clerk with attached application forms for appointments to various boards be referred to the end of the agenda to be considered at a"closed"meeting. "CARRIED" Special G.P.A. Mayor Hamre advised that a special meeting of the General Purpose and Meeting Administration Committee will be held at 9:30 a.m.on July 13, 1998. Laura Richards Mayor Hamre presented a plaque,letter from the municipality and souvenir from The Statesman the Municipality of Clarington to Laura Richards Reporter with The Statesman for her fair,human and objective reporting during the years 1990-1998 and wished her success in her new position at the Evening Guide in Port Hope. Closed Meeting Resolution#GPA-411-98 I Moved by Councillor Schell,seconded by Councillor Young THAT the meeting be"closed". "CARRIED" Bowmanville Resolution#GPA-412-98 Museum Board C12.130 Moved by Councillor Novak,seconded by Councillor Schell THAT Warner G.Fehn and Tim Tufts be appointed to the Bowmanville Museum Board for a term ending November 30,2000. "CARRIED" Clarke Museum Resolution#GPA-413-98 Board C12.CL Moved by Councillor Mutton,seconded Councillor Young I THAT James Hutchison be appointed to the Clarke Museum Board for term ending November 30,2000. "CARRIED" Animal Advisory Resolution#GPA-414-98 Committee C 12.AN Moved by Councillor Rowe,seconded by Councillor Trim THAT Laurie Ovenden and Nick VanSeggelen be appointed to the Animal Advisory Committee. "CARRIED" G.P.&A.Minutes -22- June 22, 1998 ADJOURNMENT Resolution#GPA-415-98 Moved by Councillor Young,seconded by Councillor Schell THAT the meeting adjourn at 3:05 p.m. "CARRIED" MAYOR i i DEPUTY CLERK i i I i I I I i i I UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Council P� Meeting: File# Date: June 29, 1998 Res.#G PO Report#: By-law# Subject: B.I.A. Parking Proposals &Parking Lot Reserve Fund Activity Recommendations: It is respectfully recommended to Council the following: 1. THAT Report CD-31-98 be lifted from the table, 2. THAT Council approve Report CD-31-98, and 3. THAT Report TR-58-98 be received for information. Background: 1.0 At the General Purpose and Administration Committee meeting of June 22, 1998 Council tabled Report CD-31-98 (copy is attachment#1) for Treasury to prepare a report on the financial implications of the recommendations put forward by the B.I.A. in their "Proposal Up-date" (attachment#2). The recommendations by the B.I.A. in their update include a six month freeze on parking lot charges in two of the Municipal lots and imposing a charge of$2.00 per day on the Northern lots. The staff proposal in CD-31-98 suggested a two month freeze on the two southern lots only which Clerk's Department has calculated as a loss in revenue from central meters and tickets of approximately$5,100 per month or$10,200 in total. The B.I.A.proposal of$2.00/day would add an additional loss in revenue of approximately $635/month to bring the total estimated loss to approximately$11,500. 1.2 The total in the Parking Lot Reserve Fund at June 23, 1998 is approximately$425,000 net of the prior year commitments and the anticipated 1998 current budget contribution 13 611 TR-58-98 Page 2 for operating costs associated with Parking Enforcement (approximately$75,000 annually). 1.3 The impact of six months of lost revenue of approximately$35,000 would result in the Reserve Fund not accumulating funds for future uses. If the pilot proposal were to extend to future years, the tax base would be impacted for any funding of operational costs associated with parking type/enforcement issues. In addition, the fund would not accumulate any further revenues for any planned acquisitions. 1.4 The B.I.A. has recommended that the King Street property be acquired for parking. The Chief Administrative Officer has advised that the Municipality has also been investigating the potential acquisition of the L.C.B.O.property. The current balance in the Reserve fund of approximately$425,000 would not have sufficient funds to purchase these properties. One acquisition,with associated demolition or upgrading costs, could essentially deplete the existing fund. 1.5 It is recommended that Council consider the recommendations of Report CD-31-98. Respectfully submitted, Reviewed by, Marie Marano,H.BSc.,AMCT, W.H. Stockwell,/`- Treasurer._------, Chief Administrative Officer LPatti Pi r �,AM CCl�er MAM/pp Attach: 1302 THE CORPORATION OF THE MUNICIPALITY OF CLAR REPORT ATTACHMENT #1 � 8 Meeting: GENERAL PURPOSE AND ADMINISTP ION COMMITTEE Date: June 22, 1998 I Res. # Report #: CD-31-98 By-law# Subject: PARKING PROPOSAL—BOWMANVILLE BUSINESS CENTRE — OUR FILE: T02,GE i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-31-98 be received; 2. THAT parking at all meters throughout the downtown area, the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998; and I 3. THAT the Bowmanville Business�Centre be advised of Council's decision. -- ------------------ -----------------------------_� _��------ ---- . -------------------------------------------------------- Report At a meeting held on May 29, 1998, the Board of Management of the Bowmanville Business Improvement Area (BIA)drafted a proposal with respect to parking in the downtown area,which they presented to staff on June 9. The proposal resulted from ongoing concerns that the downtown area will be unable to compete with the new mall because of inadequate parking'for.which patrons must pay. The proposal consisted of seven recommendations, each of which is elaborated on below: Recommendation#1 That the ticketing process move through the following s�ag6s: a) Time on the meter-no ticket issued b) Meter still within the "grace"period-no ticket issued F C) Time on the meter completely expired, including "grace"period-warning ticket issued d) Time on the meter completely expired and a warning ticket has been issuea parking ticket issued 130 TR-58-98 Page 2 for operating costs associated with Parking Enforcement(approximately$75,000 annually). 1.3 The impact of six months of lost revenue of approximately$35,000 would result in the Reserve Fund not accumulating funds for future uses. If the pilot proposal were to extend to future years, the tax base would be impacted for any funding of operational costs associated with parking type/enforcement issues. In addition,the fund would not accumulate any further revenues for any planned acquisitions. 1.4 The B.I.A. has recommended that the King Street property be acquired for parking. The Chief Administrative Officer has advised that the Municipality has also been investigating the potential acquisition of the L.C.B.O.property. The current balance in the Reserve fund of approximately$425,000 would not have sufficient funds to purchase these properties. One acquisition,with associated demolition or upgrading costs, could essentially deplete the existing fund. 1.5 It is recommended that Council consider the recommendations of Report CD-31-98. Respectfully submitted, Reviewed by, Marie Marano,H.BSc.,AMCT, W.H. Stockwell Treasurer. Chief Administrative Officer I'Patti B MAM/PP Attach: 02 Report CD-31-98 -2- June 22, 1998 { r Staff Comment Presently, the meters are programmed to register the cost of$1.00. if the parking officer comes along uuril of parking time plus a 15-minute grace period at If the meter is in the 15-minute grace period-when he o rig the first 2 hours of parking, no ticket is issued. ticket looks like a regular ticket, however,on ' tat officer arrives, a warning ticket is issued, This was in e its face it states that the meter was expired but a grace period -effect at the time of issue. It suggests that the patron consider using one of the municipal lots future if he intends to be parked on street for longer than the permitted 2 hours. Should the offic er arr�n the same car once again, a parking ticket is issued. Considering that it takes an average Of,' ive at officer to complete a tour of the downtown, the minimum time frame to go through these ste s i hour for an and 15 minutes, p s 3 hours The BIA is recommending that the warning ticket be placed on the vehicle only after the grace expired. Taking into account the amount of time for an officer to patrol the downtown the period has amount of time to elapse before a parking ticket would be issued under this scenario is Very minimum 15 minutes. 4 hours and i Recommendation#2 That the off-street parking lots at Division/Church Streets and Silver Street be free encourage parking at these locations by shoppers and those wishing to do extended business inn the t' to downtown. Staff Comment i Between these two lots, there are 117 parking-spots. In order to determine free parking has expired, it will be necessary for the parking officer to chalk tires and record license plat numbers on an ongoing basis throughout the day. It woufd be necessary for a ense plate these two lots exclusively in order to effectively patrol the parking. ry n officer to be assigned to p g In order to get around this administrative difficulty, the BIA suggested that the parkin be enforced complaint basis only in these lots.. If this were to happen, a c g rced on a n after a vehicle had been left in excess of 3 hours. The officer would then chalk come into the he tire and wait iaipality additional 3 hours before a ticket could be issued.-A minimum time of 6 hours would elapse before was issued to a vehicle. p a ticket I Recommendation#3 That the parking lots on the north side of Church Street de at a charge of$2.00 for all-day rk' Y p mg, primarily for use by employees of the stores and businesses and the municipality. i i IJ04 ' Report CD-31-98 -3 June 22, 1998 i Staff Comment , Once the employees of the downtown businesses learnithat the parking lot on the south side of Church Street is free for a 3 hour limit and that enforcement of the lot requires the chalking of tires,they will park there for the maximum time allowed and then go out and move their vehicles to another spot. In so doing, they will avoid paying any parking fee at all and use up spaces,which were to be available to patrons of the downtown area. Recommendation#4 That more effective and more visible signage be installed to direct visitors to the downtown to the location of the off-street parking lots. Staff Comment This can be easily accomplished. V . Recommendation#5 That the municipality engage in an aggressive advertising campaign to inform the public of these new downtown parking strategies, ie, new permanent signage, use of billboards,newspaper display advertising, etc. Staff Comment The municipality does not have the required funds in this year's budget to undertake this advertising initiative. Council could refer, however, to the funds provided to the BIA from the west Bowmanville developers for the purpose of promoting the downtown. The amount of this contribution was$10,000 per year for a period of 10 years. Recommendations#6 and#7 _. That Council make it a priority, in 1998 and 1999, to locate 200 additional parking spaces in the downtown area. That Council continue to pursue the acquisition of the former Petro-Can site in the Downtown for public parking. I Staff Comment The Property Manager w.;l address these two issues following receipt of outstanding documentation. i ;: - 1 305 Report CD-31-98 ' -2- I June 22, 1998 { Staff Comment 'i Presently, the meters are programmed to register hour of parking� the cost of$1.00. If the parking officer comes along during the first 2thourpslof a 15-minute grace period at If the meter is in the 15-minute grace period.when the officer arrives, a 11 warning"ticket s i ticket is issued. ticket looks like a regular ticket, however, on its faire it s 9 ticket is issued. This was in effect at the time of issue. It suggests that the patron consider using ne of states that the meter was expired but a grace period rri future if he intends to be parked on street for longer than the permitted 2 hours. Should the same car once again, a parking ticket is issued. Considering g the municipal lots in officer to complete a tour of the downtown, the issued. C dering that it takes an average of 1 hour for ve an at and 15 minutes. m time frame to go through these steps is 3 hours The BIA is recommending that the warning ticket be placed on the vehicle only after expired. Taking into account the amount of time for an officer to patrol the downtown, � amount of time to elapse before a parking ti Y r the grace period has 15 minutes. P g cket would be issued under this scenaioist4 hours and Recommendation#2 That the off-street parking lots at Division/Church Streets and Silver Street be free encourage parking at these locations by shoppers and those wishing to do extended business limit, to downtown. Hess in the Staff Comment Between these two lots, there are 117 parking-spots. In order to determine w free parking has expired, it will be necessary for the parking officer to chalk tires i numbers on an ongoing basis throughout the day her. a vehicle's 3 license plat these two lots exclusively m order to effectively patrIttl the ld be necessary for an officereto be assigned to parking. In order to get around this administrative difficulty, the BIA suggested that - complaint basis only in these lots. If this were to happen,a complaint wou after a vehicle had been left in excess of 3 hours g hat the parking be enforced on a - p would come into the municipality additional 3 hours before a ticket could be issued. A minimum time of 6 hours kwou tire and wait r was issued to a vehicle. Id elapse before a ticket � Recommendation#3 i That the parking lots on the north side of Church Street fie at a charge of Primarily for use by employees of the stores and businesses and the municcipa0 for all-day parking, 104 i Report CD-31-98 -4i June 22, 1998 Staff Recommendations Staff understands the concern of the downtown businesses with respect to competing with the malls and their large supply of free parking for their patrons. Unfortunately, the recommendations put forth by the BIA would cause an administrative nightmare for the parking enforcement officers. In order to alleviate the concerns of the BIA without creating an unenforceable situation, it is staffs recommendation that parking at all meters throughout the downtown area, the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998. This time frame could be used as a pilot project for the BIA to determine if paid parking is a deterrent to their patrons. Should Council agree with this recommendation,the full-time parking officer's duties would be reassigned (for the months of July and August)within the Sy-law Enforcement Division. This would allow additional manpower in that area for outstanding investigations to be completed p during the peak summer months. Respectfully.submitted Reviewed by -� -- Patti L. rde, C.T. W.H. Stoc a ell Cie Chief Administrative Officer Individuals to be advised of Council's decision: G. Gilpin Secretary-Treasurer and General Manager - owmanville Business Centre P.O. Box 365 Bowmanville, Ontario L1C 31-1 1306 REPORT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File# Date: June 29, 1998 Res.# Report#: �p-5 Re#: By-law# Subject: B.I.A. Parking Proposals &Parking Lot Reserve Fund Activity Recommendations: It is respectfully recommended to Council the following: i 1. THAT Report CD-31-98 be lifted from the table, 2. THAT Council approve Report CD-31-98, and 3. THAT Report TR-58-98 be received for information. l� Background: 1.0 At the General Purpose and Administration Committee meeting of June 22, 1998 Council tabled Report CD-31-98 (copy is attachment#1)for Treasury to prepare a report on the financial implications of the recommendations put forward by the B.I.A. in their "Proposal Up-date"(attachment#2). , 1.1 The recommendations by the B.I.A. in their update include a six month freeze on parking lot charges in two of the Municipal lots and imposing a charge of$2.00 per day on the Northern lots. The staff proposal in CD-31-98 suggested a two month freeze on the two southern lots only which Clerk's Department has calculated as a loss in revenue from central meters and tickets of approximately$5,100 per month or$10,200 in total. The B.I.A. proposal of$2.00/day would add an additional loss in revenue of approximately $635/month to bring the total estimated loss to approximately$11,500. 1.2 The total in the Parking Lot Reserve Fund at June 23, 1998 is approximately$425,000 net of the prior year commitments and the anticipated 1998 current budget contribution ATTACHMENT #2 HISTORIC DOWNTOWN BOWMANVILLE BUSINESS IMPROVEMENT AREA Proposal Up-date i The Board , having reviewed Staff ' s recommendations with re- gard to the seven-point proposal on parking , have revised their position as follows : a) support is given for the recommendation that parking be free on the off-street parking lots at Division and Church Streets and Silver Street , with a three-hour lim- it , with tickets issued on a complaint basis , to encour- age parking at these locations by shoppers and those wishing to do extended business in the Downtown. b) however, in order to be able to more effectively assess the impact of this arrangement of free parking on these lots , on Municipal revenues and on the amount of abuse which ultimately may occur , it is felt that the recom- mended trial period be extend from July 1 , 1998 , to Jan- uary 1 , 1999 for a six-month trial period, as this time interval would not only include the summer tourist sea- 1 son, but also, the normal run up to Christmas . I c) in the interest of ensuring that as much parking as possible is available in the Downtown, by means of the continued use of the parking meters , it is felt that the current practice should remain unchanged until some mutually agreed on alternative can be found. I d) It is still the Board ' s belief that providing the opportunity to park in the lots on the north-side of Church Street at a charge of $2 .00 for all-day park- ing, to be used primarily by employees of the stores and businesses , and the municipality, has merit , _and ,gho-u—ctbe_c9ns i-dexe_d e) the support for more effective and more visible signage to direct visitors to the Downtown to the location of the off-street parking lots and an aggressive advertis- ing campaign to make the public aware of these new park- strategies , as outlined in the recommendations , is much appreciated . f) finally, the efforts of Staff , in the pursuit of the ac- quisition of the property on King Street East , formerly the site of a Petro-Can Service Station, for parking , is greatly appreciated, and , once obtained, will do much to alleviate the parking problems in the Downtown. i 107 ATTACHMENT #2 HISTORIC DOWNTOWN BOWMANVILLE BUSINESS IMPROVEMENT AREA Proposal Up-date The Board , having reviewed Staff ' s recommendations with re- gard to the seven-point proposal on parking , have revised their position as follows : a) support is given for the recommendation that parking be free on the off-street parking lots at Division and Church Streets and Silver Street , with a three-hour lim- it , with tickets issued on a complaint basis , to encour- age parking at these locations by shoppers and those wishing to do extended business in the Downtown. b) however, in order to be able to more effectively assess the impact of this arrangement of free parking on these lots , on Municipal revenues and on the amount of abuse which ultimately may occur , it is felt that the recom- mended trial period be extend from July 1 , 1998 , to Jan- uary 1 , 1999 for a six-month trial period, as this time interval would not only include the summer tourist sea- son, but also, the normal run up to Christmas . c) in the interest of ensuring that as much parking as possible is available in the Downtown, by means of the continued use of the parking meters , it is felt that the current practice should remain unchanged until some mutually agreed on alternative can be found . d) it is still the Board ' s belief that providing the opportunity to park in the lots on the north-side of Church Street at a charge of $2 .00 for all-day park- ing, to be used primarily by employees of the stores and businesses , and the municipality, has merit , and should~ -be- considered-.' e) the support for more effective and more visible signage to direct visitors to the Downtown to the location of the off-street parking lots and an aggressive advertis- ing campaign to make the public aware of these new park- strategies , as outlined in the recommendations , is much appreciated. f) finally, the efforts of Staff , in the pursuit of the ac- quisition of the property on King Street East , formerly the site of a Petro-Can Service Station, for parking , is greatly appreciated , and , once obtained , will do much to alleviate the parking problems in the Downtown. 1307 THE CORPORATION OF THE MUNICIPALITY OF CLAR REPORT ATTACHMENT #1 Meeting: GENERAL PURPOSE AND ADMINISTRA ON COMMITTEE Date: June 22, 1998 Res. # Report#: CD-31-98 By-law# Subject: PARKING PROPOSAL—BOWMANVILLE BUSINESS CENTRE — OUR FILE: T02.GE i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to i Council: i. THAT Report CD-31-98 be received; 2. THAT parking at all meters throughout the downtown area,the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998; and 3. THAT the Bowmanville Business Centre be advised of Council's decision. Report At a meeting held on May 29, 1998, the Board of Management ofeyyniarryille�8usiness lmprovement-- Area(B IA)draftedproposaf with respect to parking in the downtown area, which they presented to staff on June 9. The proposal resulted from ongoing concerns that the downtown area will be unable to compete with the new mall because of inadequate parking'for which patrons must pay. The proposal consisted of seven recommendations, each of which is elaborated on below: Recommendation#1 That the ticketing process move through the following+g6s: a) Time on the meter-no ticket issued b) Meter still within the"grace"period-no ticket issued C) Time on the meter completely expired, including "grace"period-warning ticket issued d) Time on the meter completely expired and a warning ticket has been issued-parking ticket issued 719 THE CORPORATION OF THE MUNICIPALITY OF CLAR REPORT ATTACHMENT #1 Meeting: GENERAL PURPOSE AND ADMINISTPION COMMITTEE Date: June 22, 1998 Res. # Report#: CD-31-98 By-law# Subject: PARKING PROPOSAL-BOWMANVILLE BUSINESS CENTRE - OUR FILE: T02.GE .--- -i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: i. THAT Report CD-31-98 be received; 2. , THAT parking at all meters throughout the downtown area, the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998; and 3. THAT the Bowmanville Business Centre be advised of Council's decision. Report At a meeting held on May 29, 1998, the Board of Management of the Bovnv Ile�usiness_lmprovement —� � - Area-(BIA)drafted Wopo8M�ntfi�respect o parking in the downtown area, which they presented to staff on June 9. The proposal resulted from ongoing concerns that the downtown area will be unable to compete with the new mall because of inadequate parkinglor which patrons must pay. The proposal consisted of seven recommendations,each of which is elaborated on below: Recommendation#1 That the ticketing process move through the following+96s,: a) Time on the meter-no ticket issued b) Meter still within the"grace"period-no ticket issued C) Time on the meter completely expired, including "grace"period-warning ticket issued d) Time on the meter completely expired and a warning ticket has been issued' ,-parking ticket issued 719 t Report CD-31-98 2 r June 22, 1998 � 1 Staff Comment Presently, the meters are programmed to register hour of parking time i at the cost of$1.00. If the parking officer comes along during the first 2 hours parking, no ticket i period . If the meter is in the 15-minute grace period-when the officer arrives, a"warning"ticket is issued ticket looks like a regular ticket, however,on its face it states that the g et is issued. was in effect at the time of issue. It suggests that the patron consider a This meter was expired but a grace period future if he intends to be parked on street for longer than the permitted 2 hi one of the municipal lots in the same car once again, a parking ticket is issued, Considering that it takes an average of officer arrive at officer to complete a tour of the downtown, the minimum time frame to go through these steps is our for an i ' and 15 minutes. p 3 hour The BIA is recommending that the warning ticket be placed on the vehicle only after expired. Taking into account the amount of time for an officer to patrol the down own,hthe ve grace period has L ry amount of time to elapse before a parking ticket would be issued under this scenario is 4 hou s and 15 15 minutes. Recommendation#2 L That the off-street parking lots at Division/Church Streets and Silver encourage parking at these locations by shoppers and those wishing to do extended business 3-hour n then to downtown, Staff Comment Between these two lots, there are 117 parking.spots. In order free parking has expired, it will be necessary for the parking officer toe chalk tires and cords 3 hoe plat numbers on an ongoing basis throughout the day. It would be necessary for an officer to beta sign plate these two lots exclusively in order to effectively patrol the parking. signed to In order to get around this administrative difficulty, the BIA suggested that the arkin _ e complaint basis only in the -,If-this-were-to-happen, o -�-enfor.ced-on-.a�-��- _ .� a vbfi;c e had been left in excess of 3 hours. The officer would then chalk he into tire and wait�a�pality additional 3 hours before a ticket could be issued. A minimum time of 6 hours would elapse before was issued to a vehicle, p e a ticket Recommendation#3 ( That the parking lots on the north side of Church Str�et,lle at a charge of$2.00 for all-day parking, Primarily for use by employees of the stores and businesses and the municipality. } , 720 f Report CD-31-98 -3 June 22, 1998 Staff Comment Once the employees of the downtown businesses leamIthat the parking lot on the south side of Church Street is free for a 3 hour limit and that enforcement of the lot requires the chalking of tires, they will park there for the maximum time allowed and then go out and move their vehicles to another spot. In so doing, they will avoid paying any parking fee at all and use up spaces,which were to be available to patrons of the downtown area. Recommendation#4 That more effective and more visible signage be installed to direct visitors to the downtown to the location of the off-street parking lots. Staff Comment This can be easily accomplished. Recommendation#5 That the municipality engage in an aggressive advertising campaign to inform the public of these new downtown parking strategies, ie,new permanent signage,use of billboards,newspaper display advertising; etc. Staff Comment . The municipality does not have the required funds in this year's budget to undertake this advertising initiative. Council could refer, however, to the funds provided to the BIA from the west Bowmanville developers for the purpose of promoting the downtown. The amount of this contribution was$10,000 per year for a period of 10 years. —Recommendetions#6 and-#7� That Council make it a priority, in 1998 and 1999, to locate 200 additional parking spaces in the downtown area. That Council continue to pursue the acquisition of the former Petro-Can site in the Downtown for public parking. Staff Comment The Property Manager w;l address these two issues following receipt of outstanding documentation. i 7? 1- Report CD-31-98 -4 ; June 22, 1998 Staff Recommendations Staff understands the concern of the downtown businelses with respect to competing with the malls and their large supply of free parking for their patrons. Unfortunately, the recommendations put forth by the BIA would cause an administrative nightmare for the parking enforcement officers. In order to alleviate the concerns of the BIA without creating an unenforceable situation,it is staffs recommendation that parking at all meters throughout the downtown area,the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998. This time frame could be used project for the BIA to determine if paid parking is a deterrent to their patrons. as a pilot i Should Council agree with this recommendation, the full-time parking officer's duties would be reassigned (for the months of July and August)within the By-!aw Enforcement Division. This would allow additional manpower in that area for outstanding investigations to be completed during the peak summer months. Respectfully submitted Reviewed by — - - Patti L. rrie, C.T. VOL Stoc! eG 'Cie Chief Administrative Officer Individuals to be advised of Council's decision: G. Gilpin Secretary-Treasurer and GeneraanagerM� Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario L1C 31-1 I i I 722 ATTACHMENT #2 HISTORIC DOWNTOWN BOWMANVILLE BUSINESS IMPROVEMENT AREA Proposal Up-date The Board , having reviewed Staff ' s recommendations with re- gard to the seven-point proposal on parking , have revised their position as follows : a) support is given for the recommendation that parking be free on the off-street parking lots at Division and Church Streets and Silver Street , with a three-hour lim- it , with tickets issued on a complaint basis , to encour- age parking at these locations by shoppers and those wishing to do extended business in the Downtown. b) however, in order to be able to more effectively assess j the impact of this arrangement of free parking on these lots , on Municipal revenues and on the amount of abuse which ultimately may occur , it is felt that the recom- mended trial period be extend from July 1 , 1998 , to Jan- uary 1 , 1999 for a six-month trial period , as this time interval would not only include the summer tourist sea- son, but also, the normal run up to Christmas . c) in the interest of ensuring that as much parking as possible is available in the Downtown, by means of the continued use of the parking meters , it is felt that the current practice should remain unchanged until some mutually agreed on alternative can be found. d) Yt is still the Board ' s belief that providing the opportunity to park in the lots . on the north-side of Church Street at a charge of $2.00 for all-day park- ing , to be used primarily by employees of the stores and businesses , and the municipality, has merit , and shoo die consi ere e) the support for more effective and more visible signage to direct visitors to the Downtown to the location of the off-street parking lots and an aggressive advertis- ing campaign to make the public aware of these new park- strategies , as outlined in the recommendations , is much appreciated . f) finally, the efforts of StafP, in the pursuit of the ac- quisition of the property on King Street East , formerly the site of a Petro-Can Service Station, for parking, is greatly appreciated, and, once obtained , will do much to alleviate the parking problems in the Downtown. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #3 REPORT Meeting: COUNCIL File# Date: MONDAY, JUNE 29, 19 9 8 Res.# Report#: TR-5 9-9 8 File#: By-Lave# Subject: TENDER CL98-13, ADDITION/RENOVATIONS TO THE NEWCASTLE COMMUNITY HALL Recommendations: It is respectfully recommended to Council the following: 1. THAT Report TR-59-98 be received; 2 . THAT Kraco Carpentry Service Limited, Bowmarville, Ontario, with a total bid in the amount of $46, 673 . 00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-13 , Addition/Renovations to the Newcastle Community Hall. 3 . THAT $22, 600. 00 of the total be drawn from the Montague Trust Fund Reserve, and that $32,573 .00 be drawn from the 1998 Capital Budget Account ##7022-00002-0501; and 4 . THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved. BACKGROUND AND COMMENT• Tenders were publicly advertised and issued for the Addition/Renovations to the Newcastle Community Hall. Subsequently, tenders were received and tabulated as follows : BIDDER - ` Kraco Carpentry Bowmanville, Ontario $46, 673 . 00 Gerr Construction Limited Bowmanville, Ontario $51, 574 . 00 Jeffrey G. Wallans Construction Brighton, Ontario $58, 636. 00 Snyder Construction _ Ashburn, Ontario $61, 953 .00 i 1 REPORT NO. : TR-59-98 PAGE 2 TENDER CL98-16 The total funds required for this project are $55, 173 . 00 ($46, 673 . 00 contract + $6, 000. 00 consulting +$2, 500 . 00 contingency) . It is recommended that $22, 600 . 00 be drawn from the Montague Trust Fund Reserve and that the remaining required funds in the amount of $32,573 . 00 be drawn from the 1998 Capital Budget Account #7022-00002-0501. As reflected in the 1998 Draft Capital Budget, Page 25, and as per Report TR-29-98, the total funds allocated under this account are $36, 000. 00 . Council was previously made aware of a pledge towards this project from the Newcastle Lion's Club, in the amount of $25, 000 .00 . Upon receipt, this money will be allocated back to the Montague Trust Fund Reserve. The Treasurer has reviewed the funding requirements and concurs with the j recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Property Manager. The subject firm have previously performed satisfactorily for the Municipality of Clarington. After further review and analysis of the tender by the Property Manager and Purchasing, it was mutually agreed that Kraco Carpentry Services, Bowmanville, Ontario, . ..be recommended the contract for the Addition/Renovations to the Newcastle Community Hall. Respectfully submitted, Reviewed by, Zarar1eno, H.BSc. ,AMCT. , W.H. Stoccwe 1, Treasurer Chief Administrative Officer Fr or h, R.D. R.R.F.A. o r y Manager MM*LB*ld SCHEDULE "A" THE CORPORATION OF THE MUNICIPALI'T'Y OF CLARINGTON BY-LAW NUMBER 98- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Limited, Bowmanville, Ontario, for the Addition/Renovations to the Newcastle Community Hall. 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 Seal, a Contract between Kraco Carpentry Service Limited and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. j By-law read a first and second time this day of June, 1998. By-law read a third time and finally passed this day of June, 1998. i Mayor I i I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-98 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application DEV 97-018 to permit the development of a parking lot for retail commercial uses. i i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: I 1. Section 16.5.22 "General Commercial Exception (C1-22) Zone" is hereby deleted and i replaced with the following zone regulations: I "16.5.22 GENERAL COMMERCIAL EXCEPTION(C1-22)ZONE Notwithstanding Sections 3.15(a)and 16.1,those lands zoned C1-22 on the Schedules to this By-law shall only be used for a parking lot subject to the following zone regulations: (a) Definitions i) Landscaping Strip Shall mean an area of land used for any one or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework,fencing or screening. (b) Regulations i) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 2. Schedule"A" attached hereto shall form part of this By-law. 3. By-law 97-160 is hereby repealed. 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. BY-LAW read a first time this 29th day of June 1998. BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998• MAYOR 1 DEPUTY CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-99 being a By-law to amend the Comprehensive Zoning By-law 84-63 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 application DEV 98-024 to permit the development of a medical and dental clinic containing 2,787 m 2 of office space and 929 m2 of retail commercial floorspace and a senior citizen's apartment building with a maximum of 126 dwelling units. I NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: i i 1. Schedule "4"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: I "Holding—General Commercial Exception ((H)C1-11)Zone"to"General j Commercial Exception (C1-11)Zone"as shown on the attached Schedule"A" hereto. i I 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 Sections 34 and 36 of the!Planning Act. BY LAW read a first t me tlis .2�xh day o� Juae w .._:._�.9gg _ w I BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR CLERK (DEPUTY) I This is Schedule"A" to By-law 98-99 , passed this 29TH day of JUNE , 1998 A.D. LOT 34 CONCESSION 2 3 120.71 N73'42'50"E N73 37'40"E o —i 45.58 °o < v�M LJ �� ZN O z Z Z 0� zN N89/g 30 f N840.,39 f 60. 00"E N69'46'30"E HIGHWAY 2 N80'44'00"E ®ZONING CHANGE FROM " (H)C1-11" TO " Cl -11" 0 25 SOm Mayor 50m 40 30 20 10 0 Clerk ® SUBJECT'SITE z LOT 35 LOT 3 ° ROAD o: W z z 0 1 HIGHW Y 2 N vi z O ¢° V) 0< U w z :3 _ z f- COURTICE i t i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-100 being a By-law to amend By-law 96-032, the Fee Schedule By- law for the Municipality of Clarington Planning Department. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 96-032, as amended, of the Corporation of the Municipality of i Clarington. i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Item "N"—is hereby deleted and replaced by the following: "N. SIGN PERMIT APPLICATION a) Permanent Sign $ 25.00 per sign to a maximum of $ 100.00 per application b) Temporary Sign $ 10.00 per sign" 2. Item "O" — is hereby amended by adding the following new section and renumbering items O.to R. inclusive to P.to S.: "O. APPLICATION TO AMEND SIGN BY=LAW $50.00" 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. i BY-LAW read a first time this 29th day Y o .June 1998. BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998. I MAYOR i DEPUTY CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-jM being a By-law to amend By-law 97-157,the Sign By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 97-157, as amended, of the Corporation of the Municipality of Clarington. I NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 — DEFINITIONS is hereby amended by adding the following definition for "Sign,Off-Site Directional Tourism"after the definition of'Sign,Off-Site Directional". "Sign, Off-Site Directional Tourism means a sign for the purpose of only identifying a name of a tourism destination, business or service and providing directions to the tourism destination, business or service and shall be erected in compliance with a Municipal Agreement." 2. Section 2 — DEFINITIONS is hereby amended by replacing the definition of Sign, Wall with the following: "Sign, Wall means a sign of which the entire display surface and sign area does not extend beyond the limits of the wall and is wholly painted on or permanently affixed to a single wall or structure. The sign structure,display surface and/or sign area shall not project in a perpendicular fashion more than 0.3 metres from the wall of the said structure." i 3. Section 3.7.5 — Prohibition in Street Allowance and Sight Triangles is hereby amended by adding the following words "off-site directional tourism sign" after the words "Official Bench Sign". 4. Section 3.7.5 — Prohibition in Street Allowance and Sight Triangles is hereby amended by adding the following new section: "b) Any person wishing to erect an off-site directional tourism sign within a municipal street allowance must first obtain approval from the Director of Public Works and upon approval shall enter into an agreement with the Municipality of Clarington. An off-site directional tourism sign shall not exceed a sign area of 0.36 square metres. The sign height shall be ,tt?Ptlb�e_WW1a' ursu� gs signs may only be erected at intersections where a change of direction is required to reach the destination. 5. Schedule"A"attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof. i BY-LAW read a first time this 29th day of June 1998. BY-LAVA read a second time this 29th day of June 1998. s BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR DEPUTY CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-102 being a By-law to amend by-law 8463, the Comprehensive Zoning by-law of 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 for DEV 98-037; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1"to By-law 8463, as amended, is hereby further amended by changing the zone designation from ", "Holding — Urban Residential Exception ((H)R141)", "Holding— Urban Residential Exception ((H)R2-12)', "Holding— Urban Residential Exception ((H)R2-13)", "Holding — Urban Residential Type Three ((H)R3)0, and "Holding — Urban Residential Exception ((H)R3-17)" to "Urban Residential Exception (R141)", "Urban Residential Exception (R2-12)", "Urban Residential Exception (R2-13)", "Urban Residential Type Three (R3)", and "Urban Residential Exception (R3-17)",as illustrated on the attached Schedule'A'hereto. i 2. Schedule "A"attached hereto shall form part of this Sy-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. I i BY-LAW read a first time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998, MAYOR f CLERK (DEPUTY) i This is Schedule "A" to By-law 98-,,,, , passed this 29., day of , 1998 A.D. LOT 35 OLD BLOOR STREET t-- 0 0 V) KILGANNON AVENUE z �-- z Q z w 0 0 �` z o V cn PICKARD GATE W U: ..........- s Z O I z U o i I ZONING TO REMAIN "R1". ZONING CHANGE FROM "(H)R2-13" TO " R2-13" ® ZONING CHANGE FROM ZONING CHANGE FROM ZONING CHANGE FROM ZONING CHANGE FROM "(H)R2-12" TO " R2-12" H R3-17" TO - " O R3 17 Mayor Clerk t 4 N DARLINGTON THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-103 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended approval to the Region of Durham of proposed draft Plan of Subdivision 18T-90050. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement the proposed draft Plan of Subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: I "Agricultural (A)"to "Urban Residential Exception-Holding((H)R1-41)"; "Agricultural (A)"to"Urban Residential Type Two-Holding((H)R2)"; "Agricultural (A)"to "Urban Residential Exception- Holding((H)R2-12)";and "Agricultural (A)"to"Urban Residential Type Three -Holding((H)R3)"; I 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. BY-LAW read a first time this29 day of 1 June 998 BY-LAW read a second time this29 day of June 1998 i BY-LAW read a third time and finally passed this29 day of June 1998 Mayor I Deputy Clerk This is Schedule "A" to By-law 98-103 , passed this 29TH day of , 1998 A.D. _41"�J7.7J7 t4.12J Gy BOITRELL 2 E N 72'00'JO'E 2021 i F n SIRE T `D" � 2 y I.. rq y V ~ E O� \Q STREET `C"m o _ BASE_L/NE N 72'J2'w-E m,QOJ 737 ROAD GYEST _ ® ZONING CHANGE FROM "A" TO " (H)R1 -41 of ZONING CHANGE FROM "A" TO 44 (H)R2" ® ZONING CHANGE FROM "A" TO " (H)R2-12" ZONING CHANGE FROM "A" TO " (H)R3" Mayor Clerk LOT 17 LOT 16 LOT 15 Pie 0 Z O N I � U) W Ox Z W w V. � r N SEUNE ROA BOWMANVILLE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-104 being a By-law to authorize the entering into an Amending Agreement with Elfriede Jost the Owner of Plan of Subdivision 18T-86062 (40M-1882) and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-86062(40M-1882). 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 12' day of November 1996,as Instrument No. LT778654; AND WHEREAS the Owner requested the Corporation to amend the legal description i contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement pertain to the lands located within the limits of registered plan i 40M-1882; AND WHEREAS the Corporation has resolved to approve an amendment to the aforesaid i Agreement; NOW THEREFORE, 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,an Amending Agreement between Elfriede Jost, the Owners of Plan of Subdivision 18T- 86062 (40M-1882). BY-LAW read a first time this 29th day of June 1998. BY-LAW read a second time this 29th day of June 1998 BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR DEPUTY CLERK i AMENDING AGREEMENT THIS INDENTURE made(in triplicate)this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the"MUNICIPALITY"OF THE FIRST PART -and- ELFRIEDE)OST, hereinafter called the"OWNER"OF THE SECOND PART I WITNESSETH THAT: WHEREAS the Owners entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12' day of November 1996,as Instrument No. LT778654. AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement only pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has agreed to amend the Subdivision Agreement registered on title on the 12`h day of November, 1996, as Instrument LT778654; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed and the sum of Two ($2.00) Dollars of lawful money in Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged),the Parties hereto covenant and agree to and with each other as follows: i 1. OWNER OF THE LANDS The Owner represents and warrants td'ihe Corporation that it is the owner in fee simple absolute of the Lands and that there is no mortgagee or charges against the Lands. 2. AMENDMENT TO SCHEDULE"A"OF THE SUBDIVISION AGREEMENT The LEGAL DESCRIPTION OF LANDS contained within Schedule "A" of the Subdivision Agreement is hereby deleted and replaced with the following new wording: "LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land premises situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Hart of Lot 9, Concession 6 in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham of the Geographic Township of Darlington, now designated as Registered Plan 40M- 1882." 3. PROVISIONS OF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED Except as provided in paragraph 2 of this First Amending Agreement all the provisions of the Subdivision Agreement is hereby confirmed and continue in effect. 4. REGISTRATION OF FIRST AMENDING AGREEMENT The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title of the Lands. 5. AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Corporation has authority to enter into this First Amending Agreement,that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this First Amending Agreement is made by the Corporation in reliance on the knowledge and agreement of the Owner as aforesaid. 6. SUCCESSORS I The First Amending Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. I I i I IN WITNESS WHEREOF the corporate parties hereof have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON In the presence of: ) MAYOR CLERK ELFRIEDE JOST I I t I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-105 being a By-law to designate a certain portion of Registered Plan 40M-1907 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 62 on Plan 40M-1907, registered at the Land Titles Division of Whitby. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. i 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: i a) Block 62 on Plan 40M-1907, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two(2)years ending on June 29,2000. BY-LAW read a first time this 29th day of June,,1998. BYLAW read a second time this 29th ,day ofJ ���9�__ �e � BY-LAW read a third time and finally passed this 29th day of June, 1998. i MAYOR i I 'DEPUTY CLERK f THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-106 being a By-law to amend Comprehensive Zoning By-law 84-63 of the former Corporation of the Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Corporation of the Town of Newcastle to permit the development of townhouse units with a reduced front yard setback and detached garages with common walls(DEV 98-011). NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto, the following new Special Exception 14.6.19 as follows: "14.6.19 URBAN RESIDENTIAL EXCEPTION (R3-19)ZONE Notwithstanding the provisions of Section 14.3 and 14.4,those lands zoned (R3-19) on the schedules to this By-law shall be subject to the following zone regulations: a) Front Yard (minimum) 4.5 metres b) Special Building Regulations Notwithstanding 3.1 (f), a detached private garage may have a side yard setback of nil, where the detached private garage has a common wall with another detached private garage on an adjacent lot located in the same zone category." 2. Schedule "4"to By-law 84-63, as amended, is hereby further amended by changing the zone category from "Urban Residential Type Three (R3)" to "Urban Residential Exception (R3-19)"as illustrated on the attached Schedule"A"hereto. 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. BY-LAW read a first time this 29th day of June 1998. BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finaJly.passed this 29th- -day of June 1998. - t MAYOR CLERK (DEPUTY) This is Schedule "A" to By-law 98- 106 1 passed this 29m day of 1998 A.D. N72'00'00"E 36.63 i 3 C � _o° O ! 00 o +' o w c�\ � O o v N Lo Lci GO Z co N`v v N� I 2 I 33.61 N71'41'20"E SANDRINGHAM DRIVE ® ZONING CHANGE FROM "R3" TO " R3-19" 0 25m =Mid Mayor 25m 20 15 10 5 0 Clerk i i LOT 30 LQT 29 LOT 23 IIIf 7\ NA S ROAD -- ... O L Z _O V U) w Q v w o "! O� U U � O N COURTICE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-107 being a By-law to authorize the Release of an Agreement with 757001 Ontario Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1785. 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,an Agreement between 757001 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. I BY-LAW read a first time this 29th day of June 1998. I BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR DEPUTY CLERK i I 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- 757001 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 13th day of May 1994,as Instrument No. LT679004 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"; i 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; NOW THEREFORE in consideration of the sum of TWO ($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. LT679004, with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptant_e of the con itions 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 r MAYOR i CLERK DESCRIPTION SCHEDULE"A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario,and being composed of Parcels Plan 40M-1785 I i i I I i i i I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-108 being a By-law to amend the Comprehensive Zoning By-law 84-63 of 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 for DEV 98-023; AND WHEREAS, said By-law is passed pursuant to Section 24(2) of the Planning Act, whereby said By-law would not come into effect until such time the appropriate Official Plan Amendment has received Ministerial approval; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.58 AGRICULTURAL EXCEPTION (A-58) ZONE is hereby by amended by adding the following: a) Permitted Uses iii) Golf Course 2. Schedule "1"to By-law 84-63, as amended, is hereby'further amended by changing the zone designation from "Extractive Industrial (M3)"to"Agricultural Exception (A- 58)", as illustrated on the attached Schedule 'A"hereto. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2)and 34 of the Planning Act. BY-LAW read a first time this 29th day of June 1998. I BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR I CLERK (DEPUTY) This is Schedule "A" to By—law 98-- ioa , passed this 29TH day of Jun 1998 A.D. LOT 14 LOT 13 N73'51'00"E 795.757 M 1100 6.483 r- iz In 00 °o N18*41'40 E m N / 6.454 oo M 0 N71'20'E "- zo p ,n 00 Z Z O O O a,o N70'36'00"E 402.763 L Q 3 ' 00 o'.'..:''.'................. o ao o to 60 J W Z z ice'::::.':::.':. ::.':::::::: U V M r- M D G 0 ZM U 0000 283.00 z 84.734 308.336 N '28'40"E N71'01'00"E ® ZONING CHANGE FROM " M3" TO "A-58" ZONING TO REMAIN "A-58" 0 50 100 200m loom 50 0 Mayor Clerk LOT 15 LOT:.14 LOT 13 LOT 12 CONCES ION RD. 4 �� i i � M O O Z O J V) W Z O U D i DARLINGTON R NASH p C`—o"CESSi Rb.' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-109 Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: 1) Schedule XV"Through Highways"of By-law 91-58 is amended by; A) deleting the following reference: Column 1 Column 2 Column 3 Highw a From To Scugog Street North limit of King's East limit of Durham (Bowmanville) Highway No.2 Regional Road 57 Middle Road North limit of Scugog South limit of (Darlington) Street.(Bowmanville) Durham Regional Road 4 And B) adding the following reference: Column 1 Column 2 Column 3 Highw a From To Scugog Street West limit of Middle East limit of Durham (Bowmanville) Road Regional Road 57 Scugog Street North limit of King,• South limit of and Middle Road Street West Durham Regional in combination Road 4 -- 2) Schedule XVI"Stop Signs"of By-law 91-58 is amended by; A) deleting the following reference: Column 1 Column 2 Intersections Facing Traffic Middle Road and Scugog Street Southbound on Middle Road (Bowmanville) I r I I i I And B) adding the following reference: Column 1 Column 2 Intersections Facing Traffic Scugog Street and Middle Road Eastbound on Scugog Street (Bowmanville) Old Scugog Road(court section) Northbound on Old Scugog Road and Old Scugog Road 3) Schedule XX "Maximum Rate of Speed 60 kilometres Per Hour" of By-law 91-58 is amended by; A) adding the following reference: Column 1 Column 2 Column 3 Highw a From To Old Scugog Road Durham Regional Road 4 600 m southerly (Darlington) 4) This By-law shall come into Force on the date that it is approved by the Council of the Regional Municipality of Durham and when signs to the effect are erected. BY-LAW read a first and second time this 29th day of June 1998 i BY-LAW read a third time and finally passed this 29th day of June 1998 i i MAYOR DEPUTY CLERK i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-110 Being a By-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law #96-63. WHEREAS, the Corporation of the Municipality of Clarington is committed to providing a healthy and safe work environment for all personnel. And whereas the Occupational Health and Safety Act requires each employer in the Province of Ontario to prepare and review at least annually a written Occupational Health and Safety Policy and to develop and maintain a program to implement that policy. NOW THEREFORE,be it enacted by the Council of the Corporation of the Municipality of Clarington as follows: 1. THAT the Health and Safety Program,Attachment One, and the Program Policies and Procedures contained in Attachment Two,which are attached to and form a part of this by-law, are hereby adopted as the Municipality of Clarington's Health and Safety Policy and Health and Safety Program. ?. THAT By-law #96-63 be hereby repealed. -. THAT this By-law shall come into force and take effect on July 1, 1998. By-law read a first and second time this-2,9 day of June, 1998. By-law read a third time and finally passed this 29 day of June, 1998. Mayor Clerk (Deputy) I f I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW'98-111 Being a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and the John Howard Society in respect of a lease for premises situated at 132 Church Street (Upper Level), Bowmanville. I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: i 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal,a Leasing Agreement with St. John Ambulance and said Corporation. 2. THAT this agreement attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 29 day of June, 1998. By-law read a third time and finally passed this29 day of June, 1998. � I Mayor Clerk (Deputy) I I i I i i THIS LEASE dated as of the 1st day of April,1998,in pursuance of the Short Forms of Leases Act. BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") i - and - John Howard Society (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the area containing approximately 660 square feet located in the upper level of the building known as the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the 'Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1)year commencing April 1, 1998 and ending March 31, 1999 (hereinafter called the "Term"). (b) If the Tenant shall not be in default under this Lease,the Tenant shall have the right to extend the Term for a further period of one (1) year (the "Extension Term"). Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of eattension of the Term of Extension Term. The Tenant shall continuously occupy the Premises throughout the Term,subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed(i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. I i i - 2- 3. Basic Rent During the Term,the Tenant shall pay to the Landlord annual minimum rent("Basic Rent") in an amount equal to(i)Five Hundred and Twenty Two Dollars and Fifty Cents($522.50) per month subject to increase as provided herein for the balance of the Term. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month,provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate apportionment and adjustment shall be made. j On the 1st day of June of each year of the Term or Extension Term, as the case may be, after the commencement thereof the Basic Rent shall increase to an amount equal the Basic Rent for the previous month by a fraction which has as its numerator the Consumer Price Index(Ontario)(The"C.P.I.")for the preceding April and as its denominator the C.P.I.for April twelve (12) months prior. The Landlord shall advise the Tenant in writing no later than the 1st of March of each year as to the amount of such increase in Basic Rent. 4. Net Lease The Tenant acknowledges,covenants and agrees that, except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)shall be additional rent and all additional rent shall Pe payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. I 5. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance,repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by _._,,,, premises cle lightning n P structural deru&eY excepted kpap��e such optioas aP nt-owner do. If structural repairs or replacements to the roof,foundation or load bearing walls or the heating equipment of the Premises are required during the Term,then the Landlord shall be obligated,at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. 6. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it,desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business,the Tenant may do so at his own expense,at any time and from time to time, if the following conditions are met: i i i - 3 - i (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. I (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority,municipal,provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed,painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. I 7. Insurance and Indemnification (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance,use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any. encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant,i its officers, agents, servants, employees, contractors,customers,invitees or licensees and the Tenant agrees that the foregoing mnity sha1L sundv�e-th"ermination-of--this-Lease-notwithstandi any'-provisi �- =-�- a -W�������.de of this Lease to the contrary. (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: u insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused.by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade,equipment,Trade Fixtures,decorations and improvement;and (iii) public liability and property damage insurance in the amount of Two Million Dollars($2,000,000.00)in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; i i j - 4- and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. �i 8. Damage and Destruction If the Premises are destroyed or damaged by fire,lightning,tempest or other casualty,then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the iTenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination,in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 9. Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment. - 10. Government Requirements I The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation,federal and provincial legislative enactments,Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning,equipment,operation and use thereof and to the making of any repairs, replacements,alterations,additions,changes,substitutions or improvements of or to the Premises. The Tenant shall comply with all police,fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits,licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and i (c) carry out all modifications, alterations or changes to the Premises and the Tenant's -- -- - -—conduet--of-business-im or-use-o"h t&W§-ef-Which- are required Vy authorities. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law,by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. I 11. Default The following events("Events of Default")shall be deemed a default(a"default")under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder("Additional Rent") no later than five (5) days following the respective due date; ( I - 5 - (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; i (d) If the Tenant makes an assignment for the benefit of its creditors generally,or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including,without limitation,any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant"shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes,removes or.attempts to remove from the Premises a part of its trade fixtures,furniture,improvements,chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures,furniture,improvements,chattels or goods of the Tenant on I the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (f) If the Premises becomes and remains vacant for a period of five(5)consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. i 12. ,—Ri2ht )f-Re- Upon an Event of Default and at the opinion of the Landlord,the Landlord,in addition to any other remedy or right it may have,and without notice or any form of legal process,may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods,chattels,equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise,and either in bulk or by individual item,or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section,ten(10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-115 Being a By-law to authorize a contract between the Corporation I of the Municipality of Clarington and Kraco Carpentry Service Limited, Bowmanville, Ontario, for the Addition/Renovations to the Newcastle Community Hall. THE CORPORATION OF THE MUNICIPALITY OF CLARI\GTON 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 Seal, a Contract between Kraco Carpentry Service Limited and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 29 day of June, 1998. By-law read a third time and finally passed this 29 day of June, 1998. I I Mayor i Clerk (Deputy) i i I i I i i I i - 8 - 22. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease,the Landlord reserves the right t g o revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 23. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding j upon the parties hereto their successors and permitted assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: And: i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-114 Being a By-law to amend By-law 94-180, being a by-law to prohibit and abate certain public nuisances WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 94-180; NOW THEREFORE the Council of the Municipality of Clarington hereby enacts as follows: 1. By-law 94-180 is hereby amended by deleting subsection 1(a) in its entirety and irenumbering the remaining subsections(a)through(e). 2. By-law 94-180 is further amended by deleting section 2 in its entirety. 3. By-law 94-180 is further amended by deleting section 9 in its entirety and replacing it with the following: 119 Any person who contravenes any provision of this By-law is guilty of an offence and liable to punishment as provided under the Provincial Offences Act." 4. This By-law shall come into full force and effect immediately on the day of final passing by Council. By-law read a first and second time this 29"'day of June, 1998 By-law read a third time and finally passed this 29`'day of June, 1998. i � ?MAYOR it DEPUTY CLERK i i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-113 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for 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 former Town of Newcastle in accordance with Application DEV 97-009; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One((H)R1)"to"Urban Residential Type One(R1)" I - - "Holding-Urban Residential Type Two((H)R2)"to"Urban Residential Type Two(R2)" "Holding-Urban Residential Type Three((H)R3)"to"Urban Residential Type Three(R3)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ' I BY-LAW read a first time this 29 day of June 1998 BY-LAW read a second time this 29 day of June 1998 BY-LAW read a third time and finally passed this29 day of June 1998 i Mayor Deputy Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-113 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it i advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with Application DEV 97-009; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarin on enactoIQws � 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One OHM)"to"Urban Residential Type One(R1)" "Holding-Urban Residential Type Two((H)R2)"to"Urban Residential Type Two(R2)" "Holding-Urban Residential Type Three((H)R3)"to"Urban Residential Type Three(R3)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ' BY-LAW read a first time this 29 day of June 1998 BY-LAW read a second time this 29 day of June 1998 BY-LAW read a third time and finally passed this29 day of June 1998 Mayor Deputy Clerk This is Schedule "A" to By-laver 98-113 1 passed this 29m day of. Jun 1 1 998 A.D. LOT 17 CONCESSION 1 �F kiNcs Hi�y�gr No ? ® ZONING "(H)R1" CHANGE FROM TO "R1" EM ZONING "(H)R2" CHANGE FROM TO -R2- ZONING "(H)R3" CHANGE FROM TO "R3" ® SUBJECT SITE I ' LOT 17 LOT 16 LOT 15 2 m IL V o , QPc o COD U) OR (n SpR1N�® V Q Z � O V ' BOWMANVILLE uj �.^... Mayor Clerk ® SUBJECT SITE I ' LOT 17 LOT 16 LOT 15 2 m IL V o , QPc o COD U) OR (n SpR1N�® V Q Z � O V ' BOWMANVILLE i i - 8 - 22. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease,the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. I 23. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionally i delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: And: i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-112 Being a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and the Oshawa Clarington Association for Community Living in respect of a lease for premises situated at 132 Church Street (Upper Level), Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: i 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Leasing Agreement with Oshawa Clarington Association for Community Living and said Corporation. 2. THAT this agreement attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 29 day of June, 1998. I - - By-law read a.third time and finally passed this 29 day of June, 1998. i f i Mayor Clerk(Deputy) I i I i THIS LEASE dated as of the ist day of April,1998,in pursuance of the Short Forms of Leases Act. BETWEEN: i The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") i - and- i Oshawa Clarington Association for Community Living (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the area containing approximately 660 square feet located in the upper level of the building known as the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). p ty - _ _ I NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the i Landlord, the Premises on the following terms and conditions: 1. Term I (a) The Tenant shall have and hold as tenant for a term of one (1)year commencing April 1, 1998 and ending March 31, 1999 (hereinafter called the "Term"). i (b) If the Tenant shall not be in default under this Lease,the Tenant shall have the right to extend the Term for a further period of one (1) year (the "Extension Term"). i Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. 2. Use The Tenant shall continuously occupy the Premises throughout the Term,subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed(i)any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-113 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for 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 former Town of Newcastle in accordance with Application DEV 97-009; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the i Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One((H)R1)"to"Urban Residential Type One(R1)" "Holding-Urban Residential Type Two((H)R2)"to"Urban Residential Type Two(R2)" "Holding-Urban Residential Type Three((H)R3)"to"Urban Residential Type Three(R3)" 2. Schedule "A"attached hereto shall form part of this By-law. I j 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ' BY-LAW read a first time this 29 day of June 1998 BY-LAW read a second time this 29 day of June 1998 BY-LAW read a third time and finally passed this29 day of June 1998 Mayor Deputy Clerk I This is Schedule "A" to By-laver 98-113 , passed this 29TH day of, im 1998 A.D. LOT 17 CONCESSION 1 ® ZONING CHANGE FROM "(H)R1" TO "R1" EM ZONING CHANGE FROM "(H)R2" TO "R2" k�N�s yic ZONING CHANGE FROM tiwgY "(H)R3" TO "R3" NQ ? Uj o J J irsi'r W 3 I N 0 m _ 1' I I I I I i •A I I I I I I I i Moyor Clerk I ® SUBJECT SITE LOT 17 LOT 16 LOT 15 tiicy�q � 2 m ii Z , V�P� r•- C7 QPC��c 0 SPRINGS W Q� ® o BOWMANVILLE i I - 2- 3. Basic Rent During the Term,the Tenant shall pay to the Landlord annual minimum rent('Basic Rent") in an amount equal to(i)Five Hundred and Twenty Two Dollars and Fifty Cents($522.50) per month subject to increase as provided herein for the balance of the Term. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month,provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate apportionment and adjustment shall be made. I On the 1st day of June of each year of the Term or Extension Term, as the case may be, after the commencement thereof the Basic Rent shall increase to an amount equal the Basic Rent for the previous month by a fraction which has as its numerator the Consumer Price Index(Ontario)(The"C.P.I.")for the preceding April and as its denominator the C.P.I.for April twelve (12) months prior. The Landlord shall advise the Tenant in writing no later - than the 1st of March of each year as to the amount of such increase in Basic Rent. 4. Net Lease i j The Tenant acknowledges,covenants and agrees that,except as herein expressly set out,it is intended that this Lease and the rentals herein provided to be paid shall be completely net and.carefree to the Landlord. i All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)shall be additional rent and all additional rent shalt be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. I 5. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all ne6ded maintenance,repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by ... __-f iret ig �ndtempest"and-stractntat°defdtMlY�edY-Tlie Tenan�sl`ialT deep e Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof,foundation or load bearing walls or the heating equipment of the Premises are required during the Term,then the Landlord shall be obligated,at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. 6. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business,the Tenant may do so at his own expense,at any time and from time to time, if the following conditions are met: i - 3 - (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. I (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, i installations or improvements that any governing authority,municipal,provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign,advertisement or notice shall be inscribed,painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 7. Insurance and Indemnification (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance,use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant; its officers, agents, servants, employees, contractors,customers,invitees or licensees and the Tenant agrees that the foregoing ____ __,,.__. shaii survive the teTrnitta�iti__ _ _ __ tlisfaning any provisions of this Lease to the contrary. (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: (ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade,equipment,Trade Fixtures,decorations and improvement;and (iii) public liability and property damage insurance in the amount of Two Million Dollars($2,000,000.00)in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-113 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for 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 former Town of Newcastle in accordance with Application DEV 97-009; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One((H)R1)"to"Urban Residential Type One(R1)" "Holding-Urban Residential Type Two((H)R2)"to"Urban Residential Type Two(R2)" "Holding-Urban Residential Type Three((H)R3)"to"Urban Residential Type Three(R3)" 2. Schedule "A" attached hereto shall form part of this By-law. i j 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ' i BY-LAW read a first time this 29 day of June 1998 BY-LAW read a second time this 29 day of June 1998 BY-LAW read a third time and finally passed this29 day of June 1998 Mayor Deputy Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-113 being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for 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 former Town of Newcastle in accordance with Application DEV 97-009; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One((H)R1)"to"Urban Residential Type One(R1)" "Holding-Urban Residential Type Two((H)R2)"to"Urban Residential Type Two(R2)" "Holding-Urban Residential Type Three((H)R3)"to"Urban Residential Type Three(R3)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Sections 34 and 36 of the Planning Act. ' BY-LAW read a first time this 29 day of June 1998 BY-LAW read a second time this 29 day of June 1998 BY-LAW read a third time and finally passed this29 day of June 1998 Mayor Deputy Clerk This is Schedule "A" to By-law 98-113 , passed this 29TH day of. im , 1 998 A.D. LOT 17 CONCESSION 1 ® ZONING "(H)R1" CHANGE FROM " R1" TO k�N�s EM ZONING "(H)R2" CHANGE FROM TO "132" tii� ywgr ZONING "(H)R3" CHANGE FROM TO "R3" No ? ® SUBJECT SITE i - LOT 17 LOT 16 LOT 15 2 m �1 i Z i 0 C� OR to SPRINGS W �Qa ® 0 BOWMANVILLE i - 4- I and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 8. Damage and Destruction If the Premises are destroyed or damaged by fire,lightning,tempest or other casualty,then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination,in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terns of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 9. Quiet Enjoyment i The Landlord covenants with the Tenant for quiet enjoyment. 10. Government Requirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation,federal and provinciallegislative enactments,Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning,equipment,operation and use thereof and to the making of any repairs, replacements,alterations,additions,changes,substitutions or improvements of or to the Premises. The Tenant shall comply with all police,fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; i (b) obtain all necessary permits,licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and i (c) carry out all modifications,alterations or changes to the Premises and the Tenant's conduct of business in or use of the 'xMises,whic �r�hr�quired by any—suchr�---- - _. �_�� __J aunt onhes. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law,by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 11. Default The following events("Events of Default")shall be deemed a default(a"default")under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder("Additional Rent")no later than five (5) days following the respective due date; i i - 5 - (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for the benefit of its creditors generally,or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including,without limitation,any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this - Subsection, "Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, furniture, improvements,chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures,furniture,improvements,chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12)months; or (f) � If the Premises becomes and remains vacant for a period of five(5)consecutive days. j Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three(3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. i i 12. Right of Re-Ent Upon an Event of Default and at the opinion of the Landlord,the Landlord,in addition to any other remedy or right it may have,and without notice or any form of legal process,may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods,chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods,chattels,equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise,and either in bulk or by individual item,or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section,ten(10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. i i 6 13. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three(3)days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 14. Right to Re-let etc. I If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord,without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease,make any alterations and repairs considered necessary by the Landlord to facilitate a reletting,and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied.(i)to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and(iii)to the payment of rent due and unpaid hereunder. The residue, if any,will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its, part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. - 15�--Damates�_ ,�r._ If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand,rent hereunder up to the time of re-entry or termination,whichever shall be the later. I 16. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default,either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative an � d may be exercised generally or in combination. i - 7- 17. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress,none of the goods,chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as.a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. I 18. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 19. Time of Essence Time shall be of the essence in all respects'hereunder. 20. Enforceability If any term,covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the j remainder of this Lease or the application of such term,covenant or conditions to persons or circumstances other than those with respect to which it is held invalid,unenforceable or illegal is not affected thereby and continues to,be applicable and enforceable to the fullest extent permitted by law. I 21. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, Bowmanville, Ontario, MC 3A6 and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing,except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. - 8 - 22. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease,the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 23. Enurement This Lease and-everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk ST. JOHN AMBULANCE By: And: i I i - 6 - 13. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three(3)days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3)month prior written notice of termination. 14. Right to Re-let etc If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord,without limiting its right to recover damages,may either terminate this - Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease,make any alterations and repairs considered necessary by the Landlord to facilitate a reletting,and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied(i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii)to the payment of rent due and unpaid hereunder. The residue, if any,will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 15. Damages If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 16. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default,either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. - 7 - 17. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress,none of the goods,chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. 18. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. i 19. Time of Essence Time shall be of the essence in all respects hereunder. 20. Enforceability i If any term,covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid,unenforceable or illegal is not affected thereby and continues tp be applicable and enforceable to the fullest extent permitted by law. i i 21. Notices i Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 and in the case of the Tenant to the Premises and shall be presumed to have been received j on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing,except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON xxx11AlR9QftW ff XTkWAMqffA5MARRAXXX Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 20, 1997 Report# Subject: WD-31-97 File #: PARKING IN THE CENTRE OF TURNING CIRCLES (WILDE COURT, BOWMANVILLE) File # _7�D,-:� . r;C Res. #_ - - q% By-Law# Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-31-97 be received; 2 . THAT the existing policy that parking not be permitted in the turning basin or centre of any cul-de-sac remain unchanged; and 3 . THAT Ralph Brown be advised of Council' s decision. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2 : Petition received from Wilde Court on January 13, 1997 2 .0 BACKGROUND 2 .1 At a meeting held on January 13, 1997, the Council of the Municipality of Clarington passed the following Resolution ##C-35- 97 : "THAT the delegation of Ralph Brown be referred to the Director of Public Works, the Director of Planning and Development, and the Clerk to investigate the situation and prepare a report to t be submitted to the General Purpose and Administration Committee; and PEa°® «: aE 1214 REPORT NO. : WD-31-97 THAT Mr. Brown be advised of Council' s decision. " 3. 0 REVIEW AND COMMENT PAGE 2 3 . 1 Introduction The Municipality of Clarington has approximately 120 turning circles located within its boundaries . Prior to 1986, municipal standards varied and Wilde Court was built with a fifteen (15) metre outside curb radius and no centre island. From 1986 to 1990 the standard set-a a-I i Been-(-15)--metre outside- curb-radiu-s-with--pro-i-s-l-and---The standard from 1990 to the present is a 13 .5 metre outside curb radius with no island. Some municipalities, such as Oshawa, still include islands within turning circles as part of their construction standards. Such an approach obviously eliminates the potential for parking in the centre of turning circles. The trend towards a smaller turning radius has made it more difficult for large vehicles to negotiate turns within turning circles. The absence of centre islands permits additional manoeuvring room for large vehicles, improved snow storage, and improved traffic movement. The residents of Wilde Court are asking for a five (5) metre wide i painted lane around the court to create a designated travel lane with a proposed parking area in the centre. Any decision affecting the parking in Wilde Court could set a precedent for other turning circles in the municipality. 3 .2 Comments from Various Departments and Agencies Clerk's Department (By-law) The by-law enforcement officers have issued tickets in numerous turning circles throughout the municipality for many years prior to 1995 . Enforcement is often applied on a complaint basis, but is increased during the winter months to ensure that snow removal operations can be performed. Staff is not aware of any municipality r which permits parking in the centre of a roadway or turning circle. 1215 r• ,. REPORT NO. : WD-31-97 PAGE 3 The By-law Department is opposed to the proposed parking request, as it will lead to additional parking complaints . The parking tickets are issued as per Traffic By-law 91-58, Section 4 (1) (A) , as follows: "No person shall park or stop any vehicles on any highway or portion thereof except, as follows : ___--Where--there _-is_-a-curb-on-_the--right -side-of the travelled portion of the highway, having regard to the direction such vehicle was proceeding, with its right front and rear wheels parallel to and not more than 15 cm out from such curb. " Motorists parked in courts are occasionally charged under Section 4 (4) (D) as follows: "No person shall on any highway stop any vehicles in such a manner as to interfere with the movement of traffic or the clearing of snow from the highways. " Other violations observed in Wilde Court include: • Parking within one (1) metre of a driveway; • Parking in driveways with the vehicle extending beyond the curb line; • Angle parking; and • Parking in excess of the three (3) hour limit . 3 .3 Planning Department When the draft plan of subdivision including Wilde Court was approved and eventually constructed, the dwelling units fronting onto Wilde{ Court were sited in consideration of the regulations contained in the former Town of Bowmanville Zoning By-law 1587 . A 1216 REPORT NO. : WD-31-97 PAGE 4 minimum of one and one-half (1 .5) parking spaces per dwelling unit was to be provided. The Municipality's current Zoning By-law (Comprehensive Zoning By- i law 84-63) requires two (2) parking spaces per unit . From the siting plan of Wilde Court, it would appear that sufficient area exists to provide this updated minimum of two (2) spaces per each unit. Consequently, with their longer than average driveways, Wilde I -Court -homes-have similar-or higher-part ring availability- as -compared- _ to other courts being approved today. 3 .4 Fire Department The Fire Department prefers courts with no centre island, but objects to the parking of vehicles in the centre of the court, as they want the area for their use in an emergency. Vehicles parked in the centre of the court could force the larger emergency vehicles to park back at the throat of the cul-de-sac and impede the fire crew' s operation. If a centre island curb were in place, the fire trucks could drive over it in an emergency, but they cannot manoeuvre around parked cars. The Fire Department is opposed to the parking request. 3 .5 Public Works Public Works is opposed to the parking request, with snow clearing operations being the primary concern. The driving surface of a court becomes considerably smaller in the winter months due to snow accumulation extending outwards from the curb. In addition, snow is plowed around the court and into the centre. The snow is pushed into a central pile to improve access around the court and, as time permits, the snow is loaded onto trucks and removed. When a vehicle parks in the centre of the court it becomes an obstruction to both the operation of the plow truck and the snow storage area. When this illegal parking situation occurs, the plow driver cannot perform his duties within the turning circle and must continue on with the remainder of his route. This situation 1217 REPORT NO. : WD-31-97 PAGE 5 generates many complaints from the public, stating that their court was not plowed, but the lack of service is often a direct result of the illegally parked vehicles . There are three (3) Public Works' employees sworn in as parking enforcement officers to assist the By-law Department . It is their duty to issue tickets to vehicles obstructing any snow clearing operations, with courts being the most problematic areas . 3 .6 Garbage and Recycling Services Miller Waste Systems (recycling collection) and Laidlaw Waste Systems (garbage collection) have difficulty moving around some courts, and parked vehicles further hamper their duties . 3 .7 Durham Regional Police Inspector Ross Smith of 16th Division Bowmanville has reservations about permitting parking in the centre of courts. To permit parking is contrary to the existing traffic by-law and other by-laws throughout the Region of Durham. To permit parking is also contrary to normal practices described within the Highway Traffic Act, which makes references to parking on the right hand side of the roadway and not obstructing traffic. 3 .8 Designated Court Parking Concept As mentioned above, Staff is opposed to recommending this concept of on-street parking. Although there is some advantage to be gained by the proposal, there are numerous disadvantages: Advantages • The residents would obtain short term parking for a portion of the year. • The gain of eight (8) centre parking spaces minus the loss of two (2) curb parking spaces, would equal a net gain of six (6) parking spaces. t 1218 REPORT NO. : WD-31-97 PAGE 6 Disadvantages • The Fire Department would lose their preferred parking area in an emergency, i .e. they can use the empty space or drive over a curb, but they cannot manoeuvre around parked vehicles . • The garbage and recycling trucks would have less room to manoeuvre and would prefer no parked vehicles. • The confusion for the public if one court has legal parking and others do not. Public confusion makes it more difficult _ for By=-Law--Enforcement and the Courts, to enforce by=laws. • Additional requests would be received. Once one court receives designated parking, others would likely request it . The additional requests would result in additional staff time for review, reports, additional costs associated with installation, and maintenance costs of signs and pavement markings. Residents may object to signing re qu irements which may seem extreme, but would be necessary for enforcement. • Residents would still receive parking tickets for a variety of reasons, such as parking during the winter season, parking over three (3) hours, parking on or over the boulevard if a vehicle extends beyond the curb line. • It would be difficult to stop the public habit of parking in I the winter season if they are permitted to park at other times of the year. • Wilde Court is large and would hold eight (8) vehicles, but standard courts being built today would only hold four (4) or less. • Children, who love to play in courts because of the low speed and volume of traffic, would be playing between parked cars and could be hidden from a driver' s view. • The By-law Enforcement Department would receive complaints of some motorists using spaces on a permanent basis, in excess of three (3) hours, and preventing the intended temporary use. • If any residents park in their driveways, but leave the vehicle protruding into the travel lane, combined with 1219 REPORT NO. : WD-31-97 PAGE 7 vehicles parked in the centre of the turning circle, the vehicle would interfere with traffic movement. • Residents backing from driveways would have to watch for parked vehicles and pedestrians more closely. • This type of parking is not permitted anywhere else and, if challenged in court, the by-law or signing could be judged as invalid. • Although all residents of Wilde Court signed the petition I supporting the proposed parking in their location, other residents, such as those on Maconnachie Court, have strongly requested, through a petition, that parking in their court be prohibited and strictly enforced. In other courts, the residents may be divided on the issue and a decision would have to be made in support or against parking within the turning circle. 4.0 CONCLUSIONS 4 . 1 From the above, it is concluded that, although space exists for parked vehicles within the centre of turning circles, there are numerous safety, maintenance, legal, and garbage collection issues which would make this an ongoing enforcement problem. Every department or agency contacted had reservations about the request and would not support it. Respectfully submitted, Stepherf A. Vokes, P.Eng. Director of Public Works RDB*ph May 14, 1997 Attachments Mr. Ralph Brown 6 Wilde Court Bowmanville, ON L1C 3X6 Reviewed by, !v W. H. Stockwell Chief Administrative Officer Mr. Robinson 7 Willow Court t Newcastle, ON L1B 1J6 1220 To: Clarinqton Council RE: DESIGNATED PARKING AREA MARKED CENTER OF PAVEMENT WILDE COURT, BOWMANVILLE, ONTARIO Back. in 1975 or 1976, the council approved the Development of Wilde Court. The plans were approved by -he Council at the 'time . Parking for visitors must not have been riven much consideration . The roadway of the court is circular, measuring approximately 30 . 5 meters in diameter with an entran7e 8 . 3 meters wide and 18 , 25 illeter-s long, For over 14 years, that I am aware of, vehicles have been parked in the center of thIS court for Fdlort ii'_ i<ad S c=(i_IrlTi q th? day and evening by visitors to residents of she _ court, as , well as, residents' on Hobbs Drive and Deerpark . Also, people have been observed parking in the court to enter -he Soper Creek area to walk and exercise animals . The parking has never c the Court. The parking without interfering with Because of the design, hydrant, there is very curb. reated any problems with the residents of has usually been done in the center, the laneways of -he permanent residents . a walkway to t:e green belt and fire little area to park along the alleged When vehicles are parked according to the letter of the law, upon entering the Court, visibility and roadway are restricted. The court is also used as a play area, which -.;-e are well aware of and everyone drives accordingly, or they hear about it from the residents . One night, I counted 31 vehicles parked in the center of this court, with no 1aneways blocked, an wl ii r e o r �. r-1 r �m f_�r v-_4iicle� to drive around the court, or enter the laneways . This was a real exception . Yes, if a person entere-- with a Tractor Trailer or larger vehicle, there could have been oroblems, but I am sure that if that situation arose, it would be cleared very quickly. Larqer vehicles do have problems, even -=hen there are no cars parked . Example : The qarbaqe truck ha_ to back up a couple of times because of the radius . One thing that we, the residents, have been very conscious of, is snow removal . There is no way we want to inter=ere with the good job the operators do . Yes, they also --give to reverse to get around the court . They do an excellent rob with the oversized equipment they are supplied with . All of a sudden, in 1995, vehicles parked in the center of the court started receiving Parking Tickets . 515 . 00 a shot . Parked right wheels mor+- than 17 cm. from curb . :?gain, this year, every so often, Parking Tickets are issued . Due to this enforcement, which has been originated. by the Town, becomes n°cessary for the residents of the court to look at a proper way for us to have 12 22 ATTACHMENT N0. 2 WD-31-97 Page 2 RE: DESIGNATED PARKING AREA MARKED CENTER OF PAVEMENT WILDE COURT, BOWMANVILLE, ONTARIO . visitors attend our homes or a place for u--: to parr: our vehicles so that we can use our laneways for other purposes occasionally. (Re : Home Repairs, Merchandise Deliveries, Duct Cleaning etc . ) Yes, if you want to interpret the law by the letter and definition of a roadway, it is illegal to park in the center of the court . Therefore, wanting to be law abiding citi-zens, we request that the center of Wilde Co-urt_ be _offic_ially__marke-�_ as a parki-ng area . This can be done by marking a Traffic Lane meters wide around the court, which would remove the center from the roadway. The collection of garbage and recycling will be assisted with this type of designation as it will save time and the carrying of containers a further distance . It is too bad that common sense has not prevailed, and we, as residents, have had to do something to protect ourselves and our friends . Please find attached the signatures of residents that are in agreeance with this request . 1223 I RESIDENTS WILDE COURT We, the undersigned, are resider us of Wilde court, Bowmanville . We all request a DESIGNATED PARKING AREA in the CENTER of the court and have requested Ralph Brown, to speak on our behalf . all C) 1224 17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Mayor D. Hamre Members of Council To: Marie A. Marano, Treasurer From: June 25, 1998 Date: Interest Free Loan Options for B.I.A.'s Subjec# he following memo could be received by Council at the meeting of June 29, 1998, as an information item,when considering report WD-40-98. At the General Purpose and Administration Committee meeting of June 22, 1998, committee amended item#3 of report WD-40-98 such that a decision would not be made on the funding of the benches and planters forthe Orono and Newcastle B.I.A.'s until information regarding interest free loans could be circulated by memo. I have spoken with the Ministry of Municipal Affairs (Janet Andrews/Mirko Lackoseljac) and they advise of the following: Section 220 (12)[copy attached] restricts the B.I.A.from borrowing money, but it allows Council to approve debt to be incurred beyond the current year. The Ministry advises that it is a fairly common practice for Municipalities to approve a B.I.A. project which is then performed by the Municipality in order to avoid the B.I.A. borrowing money. The B.I.A.then provides in their annual levy, an appropriate amount to repay the value of the project over an agreed upon term. In consideration of the above, if Council deems it appropriate to approve the project identified in report WD-40-98,the Municipality would purchase the planters and benches. Funds could be provided from the Industrial & Economic Development Reserve Fund, account#5001-4-X (current balance approximately$130,000). Council may wish to approve a three year repayment term for the value of the items, with funds returned to the Reserve Fund. Each project proposed or requested would require Council approval and an appropriate funding recommendation. If there are further,questions on the above, please advise. 1 h k yo Cc: Department Heads. Kristine Senior, Acting Deputy Treasurer The regional Munlelpality of Durham Clerk's Department 805 Aossland Rd.least P.O.Box 623 WhRb 0 rl June 29,,1998 JUN 44 P Mrs. P.L.. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L10 3A6 500 P02/02 JUN 29 '99 14:49 OTHER BUSINESS yr nta a RE: MAJAX:RATES ' Canada Li N 8A3 (605)6688 7711 Pax:(806)888.6683 Mrs, Barrie, the Finance and Administration Committee of Regional P.M.Madill,A,M.C.T. Council discussed on Wednesday, June 24, 1968 the 1998 Regional Regional Clerk Current and Capital Budgets for Provincial Initiatives. Subsequent to this discussion it was suggested that the Councils of the Area Municipalities may be interested in receiving a delegation from Durham Region relating to the 1698 tax rates. I now advise that the following resolution of the Finance and Administration Committee was passed on June 24, 1998: "THAT a letter be sent to the Councils of the Area Municipalities inquiring as to their interest in receiving a presentation from a Regional delegation comprised of the Chair and Vice-Chair of the Finance and Administration Committee and Regional staff with respect to the,1998 tax ratios,, I Would you please place this matter before your Municipal Council and subsequently advise of your Council's interest. Should your Council wish to receive a,presentation, please contact R.J. Clapp, Treasurer/Commissioner of Finance at 571-3311, extension 6210, in order that we can co-ordinate the presentation. i M P.M. Madill, A.M.C.T, Regional Clerk PMM/cb cc. R,J, Clapp, Commissioner of Finance 100%Post Consumer THE All(NONAL MUNICIPAI,.ITY OFOURHAM 500 P01/02 JUN 29 '98 14:49 FACSIMILE COVER PAGE TO: RECIPIENT: DEPARTMENT: COMPANY: FAX NO: FROM: NAME: DEPARTMENT: c A�00) 605 ROSSLAND ROAD EAST, P.O. BOX 628 WHITBY, ONTARIO CANADA Ll N 6A3 TELEPHONE: (905) 668-7711 FAX: (905) 668-99m MESSAGE: NUMBER OF PAGES, INCLUDING COVER PAGE: i THIS FAX TRANSMISSION IS: URGENT SAME DAY ORIGINAL OF THIS FAX TO BE: FAXED ONLY MAILED COURIERED THIS MEBOA439 113 INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT 18 ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIV14WED,CONFIDENTIAL, OR EXEMPT FROM DISCLOSURN UNDER APFUCABL9 LAW, IF THE ROADE14 OF THIS MESSAGE IS NOT THE INTENDE=D RECIPIENT,OR THE EMOLOYEE OR AGENT A5SPONSISE.S FOR 09UVERING THE MESSAGE TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION.DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE FIECSIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY 13Y TELEPHONE AND RETURN THE ORIGINAL TO US BY POSTAL SERVICE AT THE ADDRESS ABOVE, THANK YOU Q;%GR(XJ PSICLGRKSIFAmFAX•FORM REM, . . ' . u • i " • v r�Lmm;;i Ih H,.— i Vh.►7 C cJ l !!O h d� Ile- Se le t ✓l Qh CSC!kV1�i'1 / V T(Jt A�D6►� ��� as -�' joLis VA 0—+ a hers o Cc� �•►c i — rUt-"Hke (4011_ s r. Am,4 4-in n 4 eo / ,<o► JI- Prl P,vi -k,5 )".)P h o 10 PA IP'lc, The Regional Munialpality of Durham Clerk's Department 605 ADBeland Rd.East PA Box 623 _ Whitby;Ontario Canada L1 N W (905)988.7711 Fax:(905)668.8863 P.M.Madill,a,M.c.T. Regional Clark 0 500 P02/02 JUN 29 '99 14:49 OTHER BUSINESS June 29,.1998 JUN 29 3 44 PM 098 Mrs. P.L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L10 3A6 •.s � M r A Mrs, Barrie, the Finance and Administration Committee of Regional Council discussed on Wednesday, June 24, 1998 the 1998 Regional Current and Capital Budgets for Provincial Initiatives. Subsequent to this discussion it was suggested that the Councils of the Area Municipalities may be interested in receiving a delegation from Durham Region relating to the 1998 tax rates. I now advise that the following resolution of the Finance and Administration Committee was passed on June 24, 1998: "THAT a letter be sent to the Councils of the Area Municipalities inquiring as to their interest in receiving a presentation from a Regional delegation comprised of the Chair and Vice-Chair of.the Finance and Administration Committee and Regional staff with respect to the 1998 tax ratios;,, Would you please place this matter before your Municipal Council and subsequently advise of your Council's interest. Should your Council wish to receive a presentation, please contact R.J. Clapp, Treasurer/Commissioner of Finance at 571.3311, extension 6210, in order that we can co-ordinate the presentation. P.M. Madill, A.M.C.T, Regional Clerk PMM/cb cc: R.J. Clapp, Commissioner of Finance 100%Post Consumer la;�!UNICIPALITV OF ington ONTARIO DATE: JUNTE 29, 1998 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL MINUTES OF PREVIOUS MEETING i Minutes of a regular meeting of Council held on June 15, 1998. PRESENTATION 1. Linda Lalibertie,Ganaraska Region Conservation Authority—Authority Activities; and 2. Richard Ducharme,GO Transit. DELEGATIONS i 1. Charles Packer,Vice-President. Ontario Hydro, Darlington Nuclear Generating Station—Introduction; 2. Representative of the Bo,%timanville B.I.A. —Report CD-31-98; 3. Walter Zutell, _ Handi Transit; and 4. Libby Racansky, - —Black Creek Marsh. COMMUNICATIONS Receive for Information I— 1 Correspondence received from R.J. Clapp. Treasurer and Commissioner of Finance,Regional Municipality of Durham—Establishment of a Drop Box for ' Regional Water/Sanitary Sewer Bill Payments; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET• BOWMANVILLE•04TARIO•L1C 3A6. (905)623-3379 • FAX 623-4169 RECTCt E0 P-R Council Agenda - 3 - June 29, 1998 COMMUNICATIONS I — 15 News Release received from the Atomic Energy Control Board entitled"AECB Publishes Latest Radiation Doses From Darlington and Pickering Nuclear Stations"; I — 16 Correspondence received from Paulette Vinette, President& CEO, Canadian Soft Drink Association— 1997 Packaging Stewardship Annual Report; I— 17 Correspondence received from Sheila Keating-Nause, Policy and Resolutions, Federation of Canadian Municipalities—Call for Resolutions I — 18 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham—Actual Value Assessment—Update Small Business and Charities Protection Act; I— 19 Correspondence received from The Hon. Al Leach, Minister of Municipal Affairs and Housing—Proposed New Municipal Act; 1-20 Member Communication received from the Association of Municipalities of Ontario entitled"Patrick Moyle Named New Executive Director of AMO"; 1-21 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham—Application for a Provisional Certificate of Approval for a Waste Disposal Site Under Part V of the Environmental Protection Act by T.S. Environmental Services Ltd., Municipality of Clarington; I—22 News Release received from the Ministry of Municipal Affairs and Housing entitled"Tenant Protection Act Takes Effect in Ontario"; I—23 Correspondence received from Mary Lawson, President, Greater Toronto Home Builders' Association—Labour Disruptions; I—24 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on June 2, 1998; I—25 Correspondence received from The Hon. Al Leach. Minister of Municipal Affairs and Housing- Supportive Housing; I — 26 Correspondence received from the GTA Mayors K. Regional Chairs Committee— GO Transit; I—27 Member Communication received from the Association of Municipalities of Ontario entitled "Social Housing Update"; Council Agenda - 5 - June 29, 1998 COMMUNICATIONS D - 10 Correspondence received from Ilyas Patel, Area Co-ordinator and Thorold Bobier, Regional Chair,The Arthritis Society-Nevada Licence; D - 1 1 Correspondence received from Frank C. Reid and A. Jean Reid, -Report PD-79-98: D - 12 Correspondence received from Evylin Stroud. - Fire Prevention; and D - I3 Correspondence received from individuals-Lishman Proposal. MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of June 22, 1998; 2. Report TR-58-98-BIA Parking Proposal and Parking Lot Reserve Fund Activities; 3. Report TR-59-98 -Tender CL98-13 -Addition Renovations-Newcastle Community Hall; and 4.. Confidential Verbal Report-Personnel Matter. UNFINISHED BUSINESS BY-LAWS 98-98 being a by-law to amend By-law 84-63,the Com?rehensive Zoning By-law for the Corporation of the former Town of Newcastle (Clarington Place Limited & 800769 Ontario Limited)(Item#3 of Report =11: 98-99 being a by-law to amend the Comprehensive Zoning By-law 84-63, of the former Town of Newcastle (Clinic Buildings)(Item =4 of Report#1); 98-100 being a by-law to amend By-law 96-32, the Fee Schedule By-law for the Municipality of Clarington Planning Department(Item #5 of Report#1); Council Agenda - 7- June 29, 1998 BY-LAWS 98-111 being a by-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and the John Howard Society in respect of a lease for premises situated at 132 Church Street(Upper Level), Bowmanville (Item #37 of Report#1); 98-112 being a by-law to authorize the execution of a leasing agreement between the Corporation of the Municipality of Clarington and the Oshawa Clarington Association for Community Living in respect of a lease for premises situated at 132 Church Street(Upper Level), Bowmanville (Item #37 of Report#l); 98-113 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Approved by Council October 27, 1997); 98-114 being a by-law to amend By-law 94-180, being a by-law to prohibit and abate certain public nuisances (Item#18 of Report#1); and 98-115 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Limited, Bowmanville, Ontario, for the Addition/Renovations to the Newcastle Community I-Iall (Item m3 of Report#1). OTHER BUSINESS (a) Regional Update (b) Committee/Boards Update BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT MUNICIPALITY OF CLARINGTON Council Minutes June 15, 1998 Minutes of a regular meeting of Council held on Monday, June 15, 1998, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL _Present Were:__- Councillor J. Mutton j 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 Treasurer,M. Marano Director of Public Works, S. Vokes Director of Planning and Development,F. Wu Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST Councillor Novak indicated that she would be disclosing g a pecuniary interest with respect to the delegation of Joe Domitrovic. MINUTES OF PREVIOUS MEETING Resolution#C-512-98 Moved by Councillor Trim, seconded by Councillor Mutton THAT the minutes of a regular meeting of Council held on June 1, 1998 be corrected as follows: i Council Minutes - 3 - June 15, 1998 - - PRESENTATIO -- - DELEGATIONS William Hasiuk; indicated a concern with the public notice which was circulated pertaining to this public meeting. He believes that the distance of 1045 metres should be, in fact, closer to 1300 metres. Mr. Karl Walther, , addressed Council on behalf of his father who owns property directly across from the trailer park. He indicated his father's concerns with the way the road has been maintained and the shifting that is taking place. Fred Horvath, Past President, Ontario Recreation Facilities Association, presented a plaque to Council in recognition of their support during his Presidency of the Association. - Councillor Novak disclosed a pecuniary interest with respect to the delegation of Joe Domitrovic,the nature of which is that she resides in close proximity to the subject property. Councillor Novak vacated her chair during the delegation. Joe Domitrovic, . requested one year in which to relocate his vehicle repair operation. He stated that he is presently working with staff in an effort to find appropriately zoned property but that he requires more time in which to do so. COMMUNICATIONS Resolution#C-514-98 Moved by Councillor Rowe, seconded by Councillor Novak THAT the communications to be received for information be approved with the exception of Items I- 1,I-3, I-5, I-6, I- 13, I- 18, I-20 and I - 23. "CARRIED" I-2 Correspondence received from The Honourable Tony Clement, Minister of Transportation-Traffic Speed Concerns in the Hamlets of Hampton and Enniskillen; i Council Minutes - 5 - June 15, 1998 COMMUNICATIONS I—21 Correspondence received from Janice Harrison, Manager, Secretariat Services, Town of Markham—Alternative GTSB Proposal Discussion Paper; and 1-22 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on May 12, 1998. I— 1 Resolution#C-515-98 New Canada Moved by Councillor Rowe, seconded by Councillor Novak Act L1 l.PR THAT the correspondence dated May 22, 1998, from Inky Mark, M.P., Dauphin-Swan River,pertaining to the draft of the New Canada Act, be j received for information. "CARRIED" 1-3 Resolution#C-516-98 j Liquor Control Moved by Councillor Rowe, seconded by Councillor Novak Board P09.LI THAT the correspondence dated May 28, 1998 from The Honourable David H. Tsubouchi,Minister of Consumer and Commercial Relations, regarding the implementation of a Liquor Control Board of Ontario deposit/return pilot project, be received for information. � "CARRIED" 1-5 Resolution#C-517-98 Minutes of the Moved by Councillor Rowe, seconded by Councillor Novak Bowmanville Museum Board THAT the minutes of a meeting of the Bowmanville Museum Board held C06.130 on May 13, 1998,be received for information. i' Council Minutes - 7 - June 15, 1998 COMMUNICATIONS 1- 18 Resolution#C-521-98 1998 Ontario Moved by Councillor Rowe, seconded by Councillor Novak Fishing Weekend M02.GE THAT the correspondence dated May 1998, from R.G. Morgan, Chair, Ontario Family Fishing Weekend Steering Committee, regarding the 1998 Ontario Family Fishing Weekend,be received for information. _-"CARRIED AS AMENDED- --- — LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#C-522-98 Moved by Councillor Young, seconded by Councillor Rowe THAT the foregoing Resolution#C-521-98 be amended by adding the following thereto: "THAT the weekend of Friday,July 10 to Sunday, July 12, 1998, be declared A Fishing Licence Free Weekend in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT R.G. Morgan be advised of Council's decision." The foregoing Resolution#C-521-98 was then put to a vote and CARRIED AS AMENDED. 1-20 Resolution#C-523-98 Bill 16 Moved by Councillor Rowe, seconded by Councillor Novak L11.PR THAT the correspondence dated June 2, 1998, from Michael L. Gourley, Deputy Minister of Finance, regarding the slowing down of the process for the passage of Bill 16,the Small Business and Charities Protection Act, 1998, be received for information. "CARRIED" Council Minutes -9 - June 15,,1998 COMMUNICATIONS D -4 Resolution#C-527-98 Visual Arts Moved by Councillor Young, seconded by Councillor Mutton Centre - Rivercairn THAT the correspondence dated May 29, 1998, from Margaret Rodgers, Curator-Director, Visual Arts Centre advising of Rowena Dykin's sculpture "Rivercairn",be received; THAT the correspondence be ieferred to the lDirector of Public'Works for review and preparation of a report to the General Purpose and Administration Committee; and THAT Margaret Rodgers be advised of Council's decision. "CARRIED" D-5 Resolution#C-528-98 Enniskillen Moved by Councillor Young, seconded by Councillor Mutton Community 2°d _ Annual B.B.Q. THAT the correspondence dated May 29, 1998, from Jill Haskins, T08.GE Co-ordinator, Enniskillen United Church,requesting permission to hold a street dance on Saturday, September 5, 1998,be received; THAT permission be granted for this event,provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Jill Haskins be advised of Council's decision— "CARRIED" D-8 Resolution#C-529-98 Closure of Moved by Councillor Young, seconded by Councillor Mutton Highway #2 Soap Box Derby THAT the correspondence dated June 8, 1998, from Brenton Rickard, T08.GE Chairman,Newcastle Hall Board, requesting permission to hold a soap box derby as part of the 75h anniversary celebrations on Saturday, October 24, 1998, be received; Council Minutes - 11 - June 15, 1998 COMMUNICATIONS D- 11 Resolution#C-532-98 Rural House Moved by Councillor Young, seconded by Councillor Mutton Property Address Identification THAT the correspondence dated June 14, 1998, from Kevin Fogerty, Program regarding the rural house/property address identification program(Report T07.GE FD-8-98),be received as a handout; and i i - THAT Kevin Fogerty-be advised of-Couffeil's decision With respect-to this matter. 1_ j Resolution#C-533-98 "CARRIED" - Closure of Moved by Councillor Young, seconded by Councillor Mutton Wrenn Blvd. Street Dance THAT the correspondence dated June 3, 1998, from Karen McNeil, T08:GE requesting permission to hold a street dance on Saturday,June 27, 1998, on Wrenn Boulevard,Bowmanville,be received; THAT permission be granted for this event,provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Karen McNeil be advised of Council's decision. D-6 Resolution#C-534-98 LCBO Bottle Moved by Councillor Novak, seconded by Councillor Young Returns P09.LI THAT the correspondence dated May 29, 1998, from Judy Sgro, Councillor, City of Toronto,regarding Toronto's initiation of a deposit/retu .system for beverage containers currently being collected through the Blue Box Program,be received for information. "CARRIED" Council Minutes - 13 - June 15, 1998 REPORTS THAT advertisements be placed in the local newspapers and notices placed in tax bills to advise residents of this matter; and THAT staff report back to the General Purpose and Administration Committee following review of the public input. "CARRIED ON THE -.FOLLOWING RE CQRIDED_VOTE'.' Recorded Vote Yea Nay _ Absent Councillor Mutton Councillor Young Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Mayor Hamre Item#14 Resolution#C-538-98 Public Alerting Moved by Councillor Novak, seconded by Councillor Rowe System P03.GE THAT Fire Department Report FD-9-98 be received for information; THAT Dr. Young be thanked for convening the meeting to provide for alerting the entire 10 km primary zone; THAT Dr. Young be advised of the Municipality of Clarington's position that an alerting system be established immediately for the 3 km contiguous zones with further action to provide for alerting the entire 10 km primary zone with no financial impact to the municipalities; and THAT the Municipality of Clarington will continue to be an active participant in fixture meetings to ensure the concerns of Council and residents are addressed for an adequate public alerting system. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Minutes - 15 - June 15, 1998 REPORTS the Region of Durham be requested to limit their requirement for the payment-in-lieu sharing to a maximum of 25% in 1998, or$500,000, which ever amount is less; and THAT the Region of Durham be thanked for their consideration of this matter. UNFINISHED BUSINESS Resolution#C-540-98 Appointments Moved by Councillor Mutton,seconded by Councillor Schell To L.A.C.A:C. C12.LA THAT the following individuals be appointed to the Local Architectural Conservation Advisory Committee for a term concurrent with the appointing Council: Steven Cooke Les Jagoda David Jenkins Christopher Osborne THAT the appropriate by-law be presented to Council. I "CARRIED" Resolution#C-541-98 Moved by Councillor Schell, seconded by Councillor Young i THAT the presentation of John Velhuis be received and he be congratulated,with Council's appreciation, for his efforts in raising funds for the Haitian students. "CARRIED" i Council Minutes - 17 - June 15, 1998 BY-LAWS Resolution#C-544-98 Moved by Councillor Schell, seconded by Councillor Trim THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 98-88 being a by-law to amend By-law 84-63,the Comprehensive - _ __.__Zoning-By-la f_the-Corporationofthe-.farmer-Town-of Newcastle(Halminen); 98-89 being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law of the Corporation of the former Town of _ Newcastle(West Bowmanville); - 98-90 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; 98-91 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; 98-92 being a by-law to establish a reserve for Ontario 2000 Summer Games; 98-93 being a by-law to authorize entering into an agreement with the owners of Plan of Subdivision 18T-91012 and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-91012; 98-94 being a by-law to open, assume and dedicate as public highway part of the road allowance known as Long Sault Road between Lots 4 and 5 in Concessions 9 and 10, former Township of Darlington in the Municipality of Clarington; 98-95 being a by-law to adopt Amendment Number 7 to the Clarington Official Plan; and i Council Minutes _ 19 - June 15, 1998 i CONFIRMING BY-LAW Resolution#C-546-98 Moved by Councillor Schell, seconded by Councillor Trim THAT leave be granted to introduce By-law 98-97,being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 15th day of June 1998,and that the said by-law be now read a first and second time. "CARRIED" ADJOURNMENT Resolution#C-547-98 - Moved by Councillor Schell, seconded by Councillor Trim THAT the third and final reading of By-law 98-97 be approved. "CARRIED" Resolution#C-548-98 Moved by Councillor Young, seconded by Councillor Mutton THAT the meeting adjourn at 8:09 p.m. "CARRIED" MAYOR CLERK The Regional "Municipality Durham Finance n(irharn-T.ower epartment 60 Bond St.West P.O.Box 618, shawa,Ontario anada LiH 8B6 (905)571-3311 Fax:.(905)571-7460 �rJ.Clapp,CA rleasurer and Commissioner of ­7nce 4 June 5, 1998 COUNCIL INF.ORMATI'ON -AGENDA JUN I5 IZ 48 Mayor Diane Hamre Municipality of Clarington Municipal Office 40 Temperance Street Bowmanville, ON L1C.3A6 JUN .1 1 1998 {UWC.IPALITY OF CLAFINGTON MAYOR'S OFFICE Dear Mayor Hamre: Re: Establishment of a Drop Box for Regional Water/Sanitary Sewer Bill Payments The Customer Services Section of the Finance Department has-embarked on-a project to install additional drop box locations at yarious Municipal Buildings throughout Durham to facilitate the payment of water/sewer bills and the return of'cu§tomer meter reading cards. To date,we have arranged to share'a drop box at.the Town of Pickering Municipal Office and we are currently in discussion with other municipal staff to-establish similar drop boxes at their municipal buildings. We have been-in discussion with your Treasurer, Marie Marano and the Municipal Clerk,Patti Barrie who have offered to share the existing Clarington Municipal drop box with the.Region. The addition of this new'location will certainly benefit the .water/sewer customers and the municipality's constituents.in providing this additional -- service. We would like to.thank your staff for-their co=operation in helping us -establi sh additional payment options for the Region's customers. The Co-operation of Marie Marano and Patti Barrie in this.regard is certainly appreciated.- Yours.truly, R.J. Clapp, CA OF Treasurer and Commissioner of Finance RJC/ba CADATAWCUROPBOx3.W PD 100%Post Consumer' TIOIN CLERK i I ACK. BY ORIGINAL- T ._ ..•C OPI E S T ;,. F MUNICIPALITY OF CLARINGTON COUNCIL INFORMATION I-2 i NEWCASTLE COMMUNITY HALL BOARD Minutes of a meeting of the NewcaJU6 Ujity'1 kall �99 Board held on May 19, 1998 at 7:00 PM in the Council Chambers. i Present Were: K. Pasquet D. Schmiegelow C. Trim J. Mutton R.B. Rickard G. Worsley�smretary) Regrets From: C. Abraham I. MINUTES 1 Motion by D. Schmiegelow, seconded by J. Mutton THAT minutes of April 20, 1.998 be accepted as presented. "CARRIED" 2. OLD BUSINESS I _ R.B. Rickard reported that T-Bar for window wiper has been ordered. I R.B. Rickard is obtaining parts to repair thermostats. Men's washroom door has been received, R.B. Rickard will install before 5/26. R.B. Rickard reported that dishwasher leak has been repaired at no charge. 1iIt was agreed that all members would do research on round tables and we would approach Rotary club for donation to pay for same. Update from F. Horvath's office attached. D. Schmiegelow reported Herb Taylor will do news letter going back to 1923. i C. Trim waiting for information on previous Soap Box races held in Bowmanville, Joe Carauna is looking for literature for rules and regulations. Must obtain permission to close Hwy 2 from Council, Fire Dept and Police Dept. Suggested we also book St. Johns' Ambulance. May 19, 1998 Newcastle Community Hall - UDPATE 1. Building Addition Staff met with RW Bruynson and Barry Jones to review project details and to set target dates for drawings, tenders, construction completion etc. The Architect will be providing drawings and meeting with the Building Department by May 28, 1998. j 2. Interior Panelling The test areas by "the Solution" is unsatisfactory. Staff contacted a panelling restorative contractor from Toronto for a price. It is expected that we hear from him early this week. 3. Gutters The gutters were cleaned last week along the east and west elevations. 4. Exterior Doors Delivery should be end of June. 5. Tuckpointing Tuckpointing is underway and should be complete by May 22, 1998. i CON ACK, li i 09101NAL i ._. tIMES 10: . t, MUNICIPALITY OF CLARINGTON NEWCASTLE COMMUNITY HALL BOARD Tinutes of a meeting of the Newcastle Community Hall Board held on June 1, 1998 at 7:00 PM in the Council Chambers. Present Were: K. Pasquet R.B. Rickard S. DeJong D. Schmiegelow G. Worsley (secretary) i - Regrets-From:-C. Abraham C.Trim J. Mutton 75TH ANNIVERSARY UPDATE s -mow •..................� D. Schmiegelow reported that drawings are 99%complete, minor change by building department to washroom has been completed. R.B. Rickard reported Chamber of Commerce is not interested in doing the Saturday .might dance. S. DeJong and R.B. Rickard will speak with Lions about hosting it, J. Mutton is speaking to Masons as well. Board members agreed they will host BBQ if Lions do dance. Agreed that groups may charge a nominal fee to control crowds. Suggested .75 for hot-dog bamburger and pop. G. Worsley will speak with D. Forget about free bowling on Saturday. R.B. Rickard and K. Pasquet will follow up with Trillium Fund for grant. Updated schedule of events. Wednesday October 20 Fiddlers Dance 6 - 11 PM Thursday October 21 Family Flicks Movie- Optimist Club.6:30 - 9:00 PM Friday October 22 Youth Dance-Optimist Club 7 - 10 PM Saturday October 23 Historical Room-9 AM-4 PM Massey Harris Display-East Wing 9 AM -4 PM Soap Box Race- IOAM- 12PM BBQ -Hall Board 11 AM-1 PM Children's Entertainment- Family Connection, YWCA, Small Miracles- 11 AM- 1 PM Down Home Gang, Cloggers, Clarington Band 1 lAM-IPM 06,'F/98"ZZ:17:06 EST; ASSOC IAT I0fl OF?-> JUN-10-98 WED 05;01 PM ANO Me*mber Communication ' For Your information For immediate Attention 905 6Z3 0030 CLERK-Clarington Mum Page 00Z FAX NO. 4169716191 P. 01/01 COUNCIL INFORMATION I_3 Association of Municipalities �• I't"� of Ontario 303 Un(varally Avonuo,Sulto 1701 Toronto, ON MSG 1e8 Tel;(410)971.0050•i X:(410)071.9101 small:amo(Marno.munlcom,enm June 10, 1998 - FYI-98/o19 PROVINCIAL OFFENCES ACT AMENDED; BILL 108 PASSED i r - ISSUE: Bitt,108,the Streamlining of Administration of Provincial-Of rices Act, f997was passed by the Legislature late yesterday. The Bill is expected to receive Loyal Assent shortly. FACTS: Bill 108, the Streamlining of Administration of Provincial Offences Act, 1997amends the Provincial Offences Act(POA)and allows the Government to make agreements with municipalities to undertake the administration of certain types of provincial offences, Primarily, municipalities can take on the responsibility to prosecute minor ticket-type offences, such as speeding and parking violations. Administrative functions and court support services related to prosecutions will also be provided by municipalities. • - New Revenue Source for Municipalities • Municipalities will also be able to retain net revenues from fines collected from tickets and prosecutions, Municipalities will collect gross fine revenue and remit a portion to the Province for the Victim Fine- Surcharge and a share of the Province's continued operating and administrative costs for the POA, • Municipalities delivering services under the POA will have the authority to use remaining revenues not only to support the POA process, but also to address local priorities. POA revenues--estimated at$67 million per year -- represent an important element of the balance between provincial and municipal funding responsibilities under Who Does What. w Phased Transfer of POA Duties • Bill 108 allows for a municipality, or a group of municipalities within a defined area such as a county, district or region, to enter into an agreement with the Ministry of the Attorney General (MAO) to take on POA duties. The agreement consists of a Memorandum of Understanding(MOU)outlining provincial and municipal responsibilities under the Act, and a local side agreement that covers specific arrangements such as the transfer of staff and assets. Municipalities can decide when to take on these responsibilities at any time during the two-year implementation period. Maintenance of Standards of Justice and Rights • Bill 108 does not change law enforcement procedures or adjudication of provincial offences. The Province also retains the responsibility for setting standards and monitoring the justice system, The Government introduced an amendment to ensure that services In French would be maintained at provincial standards during and after the transfer of POA responsibilities. �r Information Sessions • Municipalities can receive more information on the POA transfer project from MAG. The POA Project staff will provide information and planning sessions In areas where municipalities are ready to assume POA responsibilities. STATUS, AMO will advise when the provisions of this Act come into force. AMO is also sponsoring a workshop session on the Provincial Offences transfer at our August Conference. Watch AMO's MUNICOM network for updates on the POA Transfer Project. This information is available AMO's MUNICOM network at www.muncom.com For more information contact: Casey Brendon, Policy Advisor, Policy and Government Relations at (416)971-9856 ext 341 or email:cbrendon0amo.municom.com 06/10% 22:16:47 EST; ASSOCIATION OF?-> 905 623 0030 CLERK-Clarington Hun Page 001 Message delivefed using Facsbde ffom := Message femis par le FacsRou�e d .�. AT&T Canada To/Destinataire +19056230830 Attention/A 1 'attention de CLERK-Clarington Mun From/Expe'diteur ASSOCIATION OF MUNICIPALITIES Phone/N° de te'l'ephone 416-971-6191 Pages/Nombre de pages 2 (including this page/cette page comprise) . - i i .I,K.�.�1�..�..._ .4... itGlt. BY _ } 1 " rlr.S � T J. �I MUNICIPALITY OF CLARINGTON Magician - 1:30 - 2:30 PM Open Dance - Lions - 7PM - 1 AM Sunday October 24 Pancake Breakfast - Firefighters 8 AM - 10 AM Historical Room - 9 AM - 11 AM Massey Harris Display - East Wing 9 AM- 11 AM Clarington Band - 1:30 PM - 2:00 PM Dedication 2 PM - 2:30 PM Broadway Musical - 3 PM - 4 PM Coffee- Cheese- Fruit Bread - Hall Board 4 PM -5 PM i I I I -- i I i I i I I MUNICIPALITY OF CIA RING TON R.B. Rickard reported Chamber of Commerce may not want to host dance on the Saturday night for 75th anniversary. John Clark will get back to him, maybe we will go back to Fiddlers. C. Abraham is proceeding with Clarington Band and wine labels. J. Mutton has taken care of inviting dignitaries. K. Pasquet will start advertising now on a monthly basis. She will take over wedding and anniversaries pictures for C. Abraham. G. Worsley reported Masons have list of activities and will let us know where they will assist. S. DeJong will speak with Lions about running BBQ. j 3. FINANCIAL Motion by J. Mutton, seconded by K. Pasquet I THAT financial report be adopted as presented. "CARRIED" 4-. SUPERVISION for June allocated. 5. BILLS Motion by C. Trim, seconded by J. Mutton THAT the following bills be paid -K. Pasquet 40.00 R.B. Rickard 40.00 D. DeJong 160.00 D. Schmiegelow 40.00 J&-J Printing 167.40 --"CARRIED" 6. NEW BUSINESS G. Worsley showed schedule and job description for Bill and Marilyn. Marilyn has agreed to new pay schedule. R.B. Rickard will see that sign for Hockey is removed. J. Mutton will look into sign bylaw for next meeting. S. DeJong will prune bushes. Next meeting will be June 16 at 7:00 PM, Motion by C. Trim, seconded by J. Mutton THAT meeting be adjourned at 8:15 PM. "CARRIED" Council Minutes - 18 - June 15, 1998 BY-LAWS 98-96 being a by-law to amend By-law 98-10, a by-law to appoint Members to the Local Architectural Conservation Advisory Committee for the Municipality of Clarington. "CARRIED" Resolution#C-545-98 Moved by Councillor Schell, seconded by Councillor Trim THAT the third and final reading of By-laws 98-88 to 98-96 inclusive, be approved. "CARRIED" OTHER BUSINESS Councillor Mutton indicated that he had met with Tony Prevedel, Regional Municipality of Durham, and has been advised that reconstruction of Mill Street in Newcastle from Highway#2 to Highway 401 is included in the Region's Five Year Plan. Councillor Mutton indicated his appreciation to Laura Richards of the Canadian Statesman, for her dedicated coverage of the Council meetings over the last few years. Laura has accepted a new position and will be - reporting on activities in a neighbouring municipality. CONFIRMING BY-LAW Councillor Novak disclosed a-pecuniary interest earlier in the meeting and I refrained from discussion and voting on the Confirming By-law. Council Minutes - 16 - June 15, 1998 UNFINISHED BUSINESS Resolution#C-542-98 Moved by Councillor Mutton, seconded by Councillor Trim THAT the presentation of Fred Horvath be received and that a letter be forwarded from the Mayor and Members of Council thanking Mr. Horvath and the staff of the Community Services Department for their dedication and support. i "CARRIED" Councillor Novak disclosed a pecuniary interest with respect to the delegation of Joe Domitrovic; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity to the subject property. Resolution#C-543-98 Moved by Councillor Mutton, seconded by Councillor Young THAT the delegation of Joe Domitrovic be acknowledged; and THAT Mr. Domitrovic be granted one year,to June 15, 1999, in which to relocate his vehicle repair business. "CARRIED ON THE FOLLOWING RECORDED VOTE: Recorded Vote I Yea Nay Disclosure of Pecuniary Interest Councillor Mutton Councillor Schell Councillor Rowe Councillor Novak Councillor Trim Councillor Young Mayor Hamre i Council Minutes - 14 - June 15, 1998 REPORTS Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Report#2 Resolution#C-539-98 _ 1998 Current Moved by Councillor Mutton, seconded by Councillor Trim Budget Timetable THAT Report TR-47-98 be received; F05.BU THAT the proposed timetable for the 1998 Current Budget deliberations be endorsed; THAT the"Notice of Delay"for 1998 final tax notices as attached to Report TR-47-98,be placed in the local newspapers, and on the internet home page for information; THAT the Regional Treasurer,Mr. J. Clapp,be requested to advise of the imposed amount of revenue they have budgeted to receive from the Payment-in-Lieu sharing for the 1998 budget year in order that the Municipality can finalize the 1998 current budget; THAT, in recognition of the following: i) the severity of the impact to the municipality by the loss of local revenue; ii) the required sharing of payments-in-lieu is over and above the Who Does What Impact; iii) the impact from payments-in-lieu sharing is affecting those municipalities with Ontario Hydro facilities more severely, Council Minutes - 12 - June 15, 1998 COMMUNICATIONS D-7 Resolution#C-535-98 Resolution re: Moved by Councillor Young, seconded by Councillor Mutton Landfill Sites CIO.AD THAT the correspondence dated May 25, 1998, from Bruce Taylor, Town Clerk,Town of Pickering, forwarding a resolution passed by Pickering Council, stating that garbage dumps be located only in willing host communities and that such facilities be regulated by that community, be received; THAT the resolution of the Town of Pickering be endorsed by the Council of the Municipality of Clarington; and - - THAT Michael Harris, Premier of the Province of Ontario„h�or tjrjing,-- Minister of the Environment, John O'Toole, M.P.P., Durham East and Bruce Taylor, be advised of Council's decision. "CARRIED" MOTION i NOTICE OF MOTION COMMITTEE REPORTS Report#1 Resolution#C-536-98 i G.P.A. Report Moved by Councillor Novak, seconded by Councillor Rowe June 8, 1998 THAT the General Purpose and Administration Committee Report of June 8, 1998, be approved with the exception of Items#13 and#14. "CARRIED" Item#13 Resolution#C-537-98 Rural House Moved by Councillor Mutton, seconded by Councillor Trim Property Identification THAT Report FD-8-98 be tabled to allow for public input on the rural Program house/property address identification program; T0TGE Council Minutes - 10 - June 15, 1998 COMMUNICATIONS THAT permission be granted for this event,provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Brenton Rickard be advised of Council's decision. "CARRIED" i D-9 Resolution#C-530-98 Fireworks Moved by Councillor Young, seconded by Councillor Mutton Display _ P1 1.171 THAT the correspondence dated June 10, 1998, from Kim Zepperi, requesting permission to hold a fireworks display on Wednesday; uly - 1998, at Pingle's Farm in Courtice,be received; THAT the Clerk be authorized to issue a permit for this event provided that all fireworks shall be set off by or under the supervision of a person or persons of at least 21 years of age; and THAT Kim Zepperi be advised of Council's decision. "CARRIED" D- 10 Resolution#C-531-98 r Walk-A-Dog Moved by Councillor Young, seconded by Councillor Mutton A-Thou M02.GE THAT the correspondence dated May 25, 1998, from Jean Graham, Chairperson,Newcastle Lions Club,requesting permission to hold a "Walk-A-Dog-A-Thon" on Saturday, October 3, 1998,be received; THAT permission be granted for this event, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Jean Graham be advised of Council's decision. "CARRIED" i Council Minutes - 8 - June 15, 1998 COMMUNICATIONS 1-23 Resolution#C-524-98 Jail and Bail Moved by Councillor Rowe, seconded by Councillor Novak M02.GE THAT the correspondence dated June 11, 1998, from Dana Sherri, Summer Employment Officer, Human Resource Centre for Students, regarding the"Jail and Bail"which is to be held on Wednesday, June 17, 1998, from 10:00 a.m. to 12:00 p.m., at 132 Church Street, Bowmanville, be received as a handout, for information. "CARRIED" ( D- 1 Resolution#C-525-98 - Lishman Moved by Councillor Young, seconded by Councillor Mutton Proposal D14.DEV.97-058 THAT the correspondence received from 48 individuals outlining their concerns with respect to the Official Plan Amendment Application submitted by Paula Lishman International,be received; THAT the correspondence be referred to the Director of Planning and Development for review in conjunction with the subject file; and I THAT Robert Marshall, lead petitioner, be advised of Council's decision. "CARRIED" D-3 Resolution#C-526-98 I Santa Claus Moved by Councillor Young,seconded by Councillor Mutton Parade M02.GE THAT the correspondence dated June 4, 1998, from Betty Irving, Secretary,Bowmanville Santa Claus Parade Committee requesting permission to hold the annual Santa Claus Parade on Saturday, November 21, 1998, be received; THAT permission be granted for this event, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Betty Irving be advised of Council's decision. "CARRIED" Council Minutes - 6 - June 15, 1998 COMMUNICATIONS 1-6 Resolution#C-518-98 Carnival Moved by Councillor Rowe, seconded by Councillor Novak Townline Plaza Courtice THAT the correspondence dated June 2, 1998, from Laverne Nimigon, M02.GE . __ ,regarding the carnival which the Durham Region Lupus Association will be holding in the parking lot of the Townline Plaza in Courtice, from August 10— 16, 1998, be received for information. "CARRIED" � 1- 13 Resolution#C-519-98 _ 1998 Assessment Moved by Councillor Rowe, seconded by Councillor Novi° Roll Further Delayed F27.GE. THAT the Member Communication Alert received from the Association of Municipalities of Ontario entitled"1998 Assessment Roll Further Delayed",be received for information. i "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#C-520-98 Moved by Councillor Young, seconded by Councillor Schell THAT the foregoing Resolution#C-519-98 be amended by adding the following thereto. "and that the Treasurer advise the Association of Municipalities of Ontario on how the delays in the return of the assessment rolls will affect the Municipality of Clarington, including an estimate of lost interest revenues, capital program delays and other costs." The foregoing Resolution#C-519-98 was then put to a vote and CARRIED AS AMENDED. 1 i Council Minutes - 4 - June 15, 1998 COMMUNICATIONS 1-4 Correspondence received from Mery K. Bowen, Regional Assessment Commissioner, Assessment Region No. 13 —Roll Return Delay; 1-7 Correspondence received from The Honourable Lyle Vanclief, M.P., Prince Edward- Hastings-ITER Project; 1-8 Correspondence received from Earl S. Cuddie, Administrator/Clerk, Township of Scugog—Municipality of Clarington's Resolution re Regional and School Board Levies; 1-9 Information Bulletin received from Kawartha Conservation entitled"Friends Double Conservation Funding"; I- 10 Correspondence received from P.M. Madill, Regional Clerk,^ Regional Municipality of Durham—Regional and School Board Levies; j 1— 11 Correspondence received from Joe Tascona, M.P.P., Simcoe Centre—Abandoned Rail Lines; 1- 12 Newsletter received from Ontario Hydro entitled"Darlington Nuclear Neighbours"; 1- 14 Member Communication Alert received from the Association of Municipalities of Ontario entitled"Bill 16 Amendments"; 1- 15 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on May 20, 1998; 1- 16 Member Communication Alert received from the Association of Municipalities of Ontario entitled"Legislation Introduced to Restructure Ontario's Electricity Sector"; 1- 17 News Release received.from Ontario Hydro entitled"Ontario Hydro Nuclear Report Cards Released"; 1- 19 Minutes of a meeting of the Clarke Museum&Archives held on May 5, 1998; i Council Minutes - 2 - June 15, 1998 MINUTES • Resolution#C-458-98 —adding the word "Councillor"before the name "Young." • Page 21 - correcting the time the meeting reconvened to read "8:46 p.m." • Page 30 -amending the paragraph respecting the Visual Arts Centre to read"The Visual Arts Centre is holding its Juried Photography Show on June 14, and on June 13 the Art on Public Lands Show Opening will be held." THAT the minutes, as corrected,be approved. - - "CARRIED" a - Resolution#C-513-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the agenda be altered in order to hear a delegation from John Veldhuis at this time. "CARRIED" I John Veldhuis briefed Council on his 16,000 km bicycle trip around the United States which he completed in order to raise funds to enable two Haitian students to study at Guelph University. Mr. Veldhuis reflected on his trip and compared parts of the United States to the Municipality of Clarington. PUBLIC MEETING A public meeting is being held for the purpose of passing a by-law to open, assume and dedicate the extension of Long Sault Road from approximately 1045 metres north of Regional Road 20 to 400 metres south_ of the St. Lawrence and Hudson Railway (a division of C.P.R.) as public highway. The Mayor announced that any person present wishing to address this matter, may do so. Council Agenda -6 - June 29, 1998 BY-LAWS 98-101 being a by-law to amend By-law 97-157, the Sign By-law for the Corporation of the Municipality of Clarington(Item #5 of Report fl); 98-102 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the former Town of Newcastle (Robinson Ridge) (Item #6 of Report #1); 98-103 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington(Ibanez) (Item #7 of Report #1); 98-104 being a by-law to authorize the entering into an amending agreement with Elfriede Jost the owner of Plan of Subdivision 18T-86062 (40M-1882) and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-86062 (40M-1882) (Jost) (Item#8 of Report #1); 98-105 being a by-law to designate a certain portion of Registered Plan 40M-1907 as not being subject to Part Lot Control (Green Martin Holdings) (Item#10 of Report #1); 98-106 being a by-law to amend Comprehensive Zoning By-law 84-63, of the former Corporation of the Town of Newcastle (290572 Ontario Limited) (Item #11 of Report #I)- 98-107 being a by-law to authorize the release of an agreement with 757001 Ontario Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1785 (757001 Ontario Limited) (Item 412 of Report #1); 98-108 being a by-law to amend the Comprehensive Zoning By-law 84-63, of the former Corporation of the Town of Newcastle (Quarry Lakes) (Item #14 of Report #1); 98-109 being a by-law to amend By-law 91-58, being a by-law to regulate traffic on highways, municipal and private property in the Municipality of Clarington (Item #32 of Report 91); 98-110 being a by-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law 96-63 (Item#36 of Report #1); Council Agenda -4 - June 29, 1998 COMMUNICATIONS 1 -28 Correspondence received from The Honourable Isabel Bassett, Minister of Citizenship, Culture and Recreation—2000 Ontario Winter or Summer Games; 1 -29 Correspondence received from David H. Bradley. President, Ontario Trucking Association—The Lifeblood of Your Community. and 1 -30 Correspondence received from Sharon Iles, Helping Hands Food Bank— Municipal Grant. Receive for Direction D— 1 Correspondence received from Rev. Dr. Mervyn Russell, Minister, United Church of Canada, Orono Pastoral Charge—Promotion of Gambling by Governments; D-2 Correspondence received from Gerald H. Dafoe, Canadian Public Health Association—Requesting Proclamation of National Immunization Week; D-3 Correspondence received from Dianne C. Smith, Clerk-Treasurer, Township of West Garafraxa—Assessed Value of Trailer Parks and Tourist Camps; D-4 Correspondence received from Allyson Rader, Durham Campaign Co-ordinator, The Arthritis Society—Requesting a Flag Raising Ceremony; D-5 Correspondence received from Gordon Gallant, Land Use Specialist, Ontario Federation of Anglers& Hunters—Lishman Proposal; D-6 Correspondence received from Pam Callus. Rural House Numbering; D- 7 Correspondence received from the GTA Mayors R Regional Chairs Committee— Proposed New-Municipal Act; ' i D— 8 Petition received from Rod Smith on behalf of residents of John Scott Court, Bowmanville—On Street Parking; i D—9 Correspondence received from the GTA Mayors & Regional Chairs Committee— New School Funding Report; i I r i I i Council Agenda - 2 - June 29, 1998 COMMUNICATIONS I —2 Minutes of meetings of the Newcastle Community Hall Board held on May 19 and June 1, 1998; I —3 Member Communication received from the Association of Municipalities of Ontario entitled "Provincial Offences Act Amended: Bill 108 Passed"; 1 -4 Correspondence received from Ken Keyes, Match Chairman and Randy Reid, VIP Co-ordinator, International Plowing Match '98 — Invitation; 1-5 Correspondence received from Rick Morrison, Library Board Chair, Clarington Public Library— Letter of Thanks; 1-6 Media Release received from Durham Regional Police Service entitled "Introduction of Road Watch in the Town of Whitby 1- 7 News Release received from the Association of Municipal Clerks and Treasurers of Ontario—Amendments Made to Bill 16; i 1- 8 Correspondence received from M. Rostetter, Town of Port Hope—Tow Level Radioactive Waste Environmental Problem; 1-9 News Release received from the Ministry of Municipal Affairs and Housing entitled"Province Assumes Responsibility for Special Needs Housing"; 1- 10 Member Communication received from the Association of Municipalities of Ontario entitled "Amendments to Labour Relations Act Aim to Provide Flexibility for Municipalities"; 1— 11 News Release received from the Ministry of Finance entitled"Bill 16 Becomes Law—Small Business Jobs and Charities Protected": 1- 12 Minutes of a meeting of the Ganaraska Region Conservation Authority held on May 21, 1998; I— 13 Correspondence received from Dale R. Clemens, Operations Technician, j Regional Municipality of Durham— Watermain Leak Detection Survey; i 1- 14 Correspondence received from the Ministry of Municipal Affairs and Housing— Tenant Protection Act, 1997; i f I i 4 + .j MUNICIPAL ACT PART XVII—POWERS TO PASS 13Y-LAWS S.220 vrovided at the expense (7)Term of office.—Each member shall hold office from the time of appointment rssiness or shopping area. until the expiration of the term of the council that made the appointment, if the member continues to be qualified,as provided in subsection(6), a,an improvement area, (8)Vacancy.—Where a vacancy occurs from any cause,the council shall appoint a sent by prepaid mail to person qualified as set out in subsection(6)to be a member,who shall hold offi with respect to rateable remainder of the term for which his or her predecessor was appointed. ce for the _.R.S.O. 1980,c.302,s, (9) Idem.—The members shall hold office until their successors are appointed and .under subsection(2)has are eligible for reappointment on the expiration of their term of office. zibed business property (10)Estimates.—A board of management shall submit to the council its estimates for the current year at the time and in the form prescribed by council and may make requisi- who,under the tenanPs tions upon the council for all money required to carry out its powers and duties,but noth- operty;and ing herein divests the council of its authority with reference to rejecting such estimates in Whole or in part or providing the money for the purposes of the board of management and nescribed in clause(a) want is required to pay, when money is so provided by the council the treasurer shall,upon the certificate of the board of management,pay out such money to the board of management. ss the by-law referred to (11)Expenditure of money.—The board of management shall not spend any money wo months after the lat- not included in the estimates approved by the council or in a reserve fund established a petition objecting to under section 163. (1 orrowing prohibited, restrictions on incurring indebtedness.—The board v;the persons who are of agement shall not borrow money and,without the prior approval of the council, it may not incur any indebtedness extending beyond the current year.R.S.O. 1980,c.302,s. :ie for at least one-third 217(19); 1993,c.27,Sch. -=scribed business prop- (13)Procedures.—Section 147 of this Act and section 65 of the Ontario Municipal Levy as defined in sub- Board Act apply to the giving of an approval of indebtedness by a council under subsec- defined in subsection tion(12)as though the giving of the approval were the incurring of the indebtedness by not responsible for the . the municipality.R.S.O. 1980,c.302,s.217(19); 1993,c.27,Sch; 1996,c.32,s.51. -Tenant's lease. (14)Annual report.—On or before the 1st day of March in each year, a board of ;2)shall not come into management shall submit its annual report for the preceding year to council,including a municipality receives, complete audited and certified financial statement of its affairs,with balance sheet and rev- -i°rred to in subsection enue and expenditure statement. arson who is entitled =, —The municipal auditor shall be the auditor of each such board of man- s.217(19); 1993,c. (15)Auditor. agement and all books,documents,transactions,minutes and accounts of a board of man- s=iency of the petition agement shall,at all times,be open to his or her inspection. --termination shall be (16) Dissolution of board.—Upon the repeal of a by-law establishing a board of nd conclusive.R.S.O. management,the board ceases to exist and its undertakings,assets and liabilities shall be assumed by the municipality. R.S.O. 1980,c.302,s.217(19); 1993,c.27,Sch. :sued under subsection, (17)Special charge.—Subject to such maximum and minimum charges as the coun- -s appointed by coun- cil may specify by by-law,the council shall in each year levy a special charge upon rate- member of the coon- able property in the area that is in a prescribed business property class sufficient to pro- ws who are entitled to Fide a sum equal to the sum of money provided for the purposes of the board of mana9 e- 3!wd by such persons. ment for that area,together with interest on the sum at such rate as is required to repay any interest payable by the municipality on the whole or any part of such sum.R.S.O. 1980,c. 302,s.217(19); 1993,c.27,Sch; 1997,c.5,s.51(5). 181 �Ji) 44a+q�n7J� 3NIi41i