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HomeMy WebLinkAbout01/25/1999MUNICIPALITY OF La;u i n SPECIAL COUNCIL MEETING DATE: JANUARY 25, 1999 TIME: 5:00 P.M. PLACE: COMMITTEE ROOM I ROLL CALL DISCLOSURE OF PECUNIARY INTEREST The special meeting of Council is being convened to consider Report CD-3-99 — Applications for the Advance Funding Program — Ontario Lottery Corporation. Report CD-3-99 — Applications for the Advance Funding Program — Ontario Lottery Corporation. (Tabled from the General Purpose and Administration Committee meeting of January 18, 1999) BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON & 44 TEMPERANCE STREET - BOWMANVILLE -ONTARIO m L1 C 3A6 - (905) 623-3379 -FAX 623-4169 RECYCLED PAPER SUMMARY OF BY -LAWS JANUARY 25, 1999 BY-LAWS 99 -10 being a by -law to authorize a Standard Grantor Contribution Agreement with Natural Resources Canada (Item #15 of Report #1); 99 -11 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Bell Canada (Item #2 (a) of Report #1); 99 -12 being a by -law to amend Schedule A to By -law 97 -294 being the Transfer Station Operating Agreement with Canadian Waste Services Inc. (Item #12 of Report #1); and 99 -13 being a by -law to authorize entering into an agreement with W.E. Roth Construction Limited, the owners of Plan of Subdivision 18T -97028 and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -97028 (Approved by Council June 15, 1998). MUNICIPALITY OF CLARINGTON COUNCIL MEETING JANUARY 25,1999 - 7:00 P.M FILE MUNICIPALITY OF larlington ONTARIO DATE: JANUARY 25, 1999 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 January 11, 1999. DELEGATIONS Recognition of United Way Committee's Fundraising Efforts 2. Sam Gust, 138 Queen Street, Bowmanville, LIC 1M9 — Addendum to Report CD -58-98 (Unfinished Business) COMMUNICATIONS Receive for Information I — I The Visual Arts Centre of Clarington - Media Release — POWERWORKS 1-2 Clarke Museum & Archives - Minutes of a meeting held on December 1, 1998 1-3 Bowmanville Museum Board — Minutes of a meeting held on December 9, 1998 1-4 D.J. Beach, Manager, York -Durham District, Ministry of the Environment — Phytotoxicology 1997 Investigation — Darlington and Pickering Nuclear Generating Stations I — 5 Local Architectural Conservation Advisory Committee — Minutes of a meeting held on December 15, 1998 I — 6 Kawartha Region Conservation Authority — Kawartha Conservation Dinner CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • SOWMANVILLE -ONTARIO • LIC 3A6 • (905) 623 3379 • FAX 623.4169 •ec¢uo v�.ci Council Agenda - 2 - January 25, 1999 COMMUNICATIONS I — 7 News Release received from Bell Canada— Bell Committed to Negotiated Transition for Operators I — 8 Roger Anderson, Regional Chair, Regional Municipality of Durham — Ontario Summer Games 2000 Bid I — 9 Isabel Bassett, Minister, Ministry of Citizenship, Culture and Recreation — Ontario 2000 Program — Main Street Ontario 1-10 Lloyd Chiotti, Enbridge Consumers Gas — Ongoing Developments and Changes I — 11 John R. O'Toole, MPP, Durham East - The Honourable Norm Sterling and his Parliamentary Assistant, Mr. Doug Galt, the MPP for Northumberland, will be available to speak with municipal delegations at the ROMA Conference 1— 12 Frances Aird, Clerk Administrator, Township of Hope — Low -Level Radioactive Waste I — 13 Member Communication Alert, Association of Municipalities of Ontario — Important Bill 79 Regulations Released: Calculation of Capped Property Taxes I — 14 Gail Empey, Chief Administrative Officer and Clerk, Township of Cavan - Millbrook -North Monaghan — Support for Kawartha Conservation Receive for Direction D — I Novina Wong, City Clerk, City of Toronto — "Payment in Lieu of Taxes for Provincial and Federal Buildings" D-2 Norm Leigh, Manager, Business Development and Kim Wildman, Project Manager, Durham '99 — Region's 25`h Anniversary D — 3 Craig Brown, Chairman, Clarington Public Library Board — Freedom to Read Week D-4 The Township of Hope — Proposed Levy Increase for 1999 for the GRCA D-5 James W. Hale, President, Newcastle Recycling Limited — Clarington Waste & Recycling Pickup and Transfer Station Council Agenda - 3 - January 25, 1998 COMMUNICATIONS D — 6 Janet Everton, 80 Somerscales Drive, Orchard Park Estates, Bowmanville, LIC 5137 —Public Transit D — 7 Chris Osborne — Resignation from the Local Architectural Conservation Advisory Committee D — 8 Claude Cantin, President, Federation of Canadian Municipalities — March 21 Campaign and the Race Relations Award D — 9 Lisa McCoy, Area Manager, Durham East, Heart and Stroke Foundation of Ontario — Heart and Stroke Month MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of January 18, 1999 2. Report WD -06-99 — Delegation to Council of Peter Falconeri, January 11, 1999 3. Report FD -4-99 — Use of Fire Station Training Room UNFINISHED BUSINESS 1. Addendum to Report CD -58-98 - Property Standards Order Enforcement BY-LAWS OTHER BUSINESS (a) Regional Update (b) Committee/Boards Update BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT MUNICIPALITY OF CLARINGTON Council Minutes January 11, 1999 Minutes of a regular meeting of Council held on January 11, 1999, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana (Attended Until 8:08 p.m.) Fire Chief, M. Creighton (Attended Until 8:08 p.m.) Acting Director of Planning and Development, D. Crome Solicitor, D. Hefferon Treasurer. M. Marano Director of Public Works, S. Vokes Municipal Clerk, P. Barrie Mayor Hamre opened the meeting with greetings for 1999. She indicated that, with this being the 25'x' anniversary of the Municipality and the Region, many activities are being planned through the Marketing and Tourism Office. The year of 1998 was a very busy one that saw many changes in the area of taxation, assessment and governance with the formation of the Greater Toronto Services Board. The Council has worked very well together and she is confident that this approach will continue throughout 1999. DISCLOSURE OF PECUNIARY INTEREST Councillor Novak indicated that she would be making a disclosure of pecuniary interest with respect to Items 4 and 5 of Report # 1. Council Minutes - 2 - January 11, 1999 MINUTES OF PREVIOUS MEETING DELEGATIONS Resolution #C-1-99 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of a regular meeting held on December 14, 1998, be approved. "CARRIED" Otto Provenzano, 309 Kenwood Road, Whitby, LIN 2G2 advised prior to the meeting that he would not be in attendance. Peter Falconeri, 251 Townline Road North. Courtice LIE 2.13 addressed Council with respect to a pizza restaurant which he hopes to open in Hampton. When Mr. Falconeri submitted his plans to the Building Department, he was advised that the Ontario Building Code, Section 6.2.2.6 warranted a canopy, ventilation system and suppression system over his pizza ovens. He questioned why this section of the Building Code has been applied to his application when there are other restaurants operating in the municipality which have not been made to comply with it. Roy Forrester, 6 Mill Lane, Orono LOB 1 MO addressed Council requesting permission for the Oak Ridges Trail Association to access unopened road allowances through the Oak Ridges Moraine area (Correspondence Item D-9). He also requested that the Municipality consider ploughing the parking lot located at the corner of Station Street and Ochonski Road. The trail area to the west of this lot is being extensively used, however. with the recent weather conditions, the parking lot can no longer be accessed. COMMUNICATIONS Resolution #C-2-99 Moved by Councillor Rowe, seconded by Councillor Young THAT communications to be received for information be approved with the exception of Items I - 6, I - 10, I - 15 and I - 16. Council Minutes 3 - January 11. 1999 COMMUNICATIONS I — 1 Minutes of a meeting of the Newcastle Community Hall Board held November 30, 1998. (Received for Information) I — 2 Member Communication received from the Association of Municipalities of Ontario advising that the Province has decided to transfer land ambulance services to municipalities. On behalf of its members. AMO has been working hard to convince the Provincial government to keep the land ambulance as a Provincial service which is not funded through local property taxes. In response to this request, the Government expressed interest provided reasonable "revenue neutrality" was achieved. Atter reviewing AMD's advice, the Province has decided to continue with the transfer of land ambulance services to the municipalities. They have however assured AMO that they are committed to discussing outstanding transition issues such as the important matter of ambulance dispatch. In order to facilitate the transition, AMO and the Ministry of Health are establishing a Joint Land Ambulance Steering Committee. It will be made up of Provincial and Municipal officials and will be charged with resolving immediate issues and concerns in order to meet the various time lines. (Received for Information) I — 3 Sheila Keating-Nause, Policy and Resolutions. Federation of Canadian Municipalities, calling for resolutions for consideration by the FCM National Board of Directors, March 3 — 6, 1999 or the FCM Annual Conference, June 4 — T 1999. (Received for Information) 1-4 The Honourable Jim Flaherty, Minister of Labour, thanking the municipality for writing regarding coverage and other issues for volunteer firefighters. He confirms that Bill 22, The Emergency Volunteers Protection Act, was passed by Legislature and received Royal Assent on December 18, 1998. Dialogue on issues like this is useful and the comments he received were carefully considered. The Government is committed towards building a stronger Ontario for all and the municipality's efforts made a difference. (Received for Information) Council Minutes - 4 - January 11. 1999 COMMUNICATIONS 1-5 Jeffrey S. Schuyler, Water Management Co-ordinator, Kawartha Conservation, forwarding the 1997 Water Quality Report. Generally, the information gathered by the samplers and obtained from other sources has shown fairly good water quality, however, a few "hot spots" have been identified, i.e., the Pigeon River at Omemee, the Gull River in Coboconk and the Scugog River downstream of Lindsay. The results of the 1998 samplings will be used to determine if the "hot spots" identified in 1997 are really problem areas or if 1997 was just a bad year. (Received for Information) 1-7 Janet Mason, Assistant Deputy Minister of Municipal Affairs and Housing advising that the Tenant Protection Act (TPA) requires municipalities to notify landlords and tenants about automatic rent reductions resulting from decreases in municipal property taxes for rental residential complexes. The requirement for municipalities to issue rent reduction notices by the December 15, 1998, deadline prescribed by regulations under the TPA will be impacted by the proposed Fairness For Property Taxpayers Act, 1998 (Bill 79). The application of Bill 79 to the multi -residential property class may require many municipalities to revisit the tax treatment of such properties and necessitate an adjustment being made to tax increases and decreases previously established. If tax adjustments for multi -residential properties are necessary because of Bill 79, municipalities will not be able to issue rent reduction notices to landlords and tenants by December 15, 1998. In order to assist municipalities affected by Bill 79 in the issuance of rent reduction notices, the regulation under the TPA dealing with automatic rent reductions has been amended by regulation. (Received for Information) 1-8 Member Communication received from the Association of Municipalities of Ontario advising of a Guidebook setting out the protocols for developing costing proposals for contracting with another municipal police service, or the Ontario Provincial Police, or for the amalgamation of police services. Police stakeholders, including municipalities represented by AMO, have been working on this guidebook. It is expected that the use of the protocols in the guidebook will encourage open and fair processes as municipalities explore policing options. A costing template. including an electronic version, will help municipalities and police forces in the RFP process. (Received for Information) Council Minutes - 5 - January 11, 1999 COMMUNICATIONS I — 9 M. de Rond, Clerk, Town of Ajax writing to the Honourable Elizabeth Witmer, Minister of Health to advise that the Ajax Town Council endorsed the resolution of the Council of the Regional Municipality of Durham regarding land ambulance services. (Received for Information) News Release from the Atomic Energy Control Board publishing the latest radiation doses from the Darlington and Pickering Nuclear Stations. (Received for Information) 1— 12 Association of Municipalities of Ontario advising that the Energy Competition Act, 1998 has been passed by the Ontario Legislature. The Act introduces competition, full customer choice, and makes the Ontario Energy Board the independent regulator. Under the ownership of municipal councils, the Act grants commercial powers to municipal distributors. Within the next two years, municipalities will be required to incorporate their municipal electricity utilities (MEUs) under the Ontario Business Corporations Act (OBCA). AMO and the Ministry of Science and Technology, assisted by the Municipal Electric Association, are working together to implement an education project. Beginning in January they will be sponsoring about 20 workshops Province wide. These are being designed for municipal decision -makers and their staff to provide access to the detailed information required to make informed business choices in the context of electricity restructuring. Details regarding locations and dates for these sessions will be provided in the upcoming weeks. (Received for Information) I — 13 Earl Cuddie, Administrator/Clerk, Township of Scugog writing to the Honourable Ernie Eves advising that the Township of Scugog Council endorsed the Municipality of Clarington's position with respect to the Provincial announcement to limit tax increases for commercial taxpayers. (Received for Information) 1-14 Minutes of the Ganaraska Region Conservation Authority meetings held on November 19 and December 17. 1998. (Received for Information) Council Minutes - 6 - January 11. 1999 COMMUNICATIONS 1— 17 Ian D. Macnab, General Manager/Secretary-Treasurer. Kawartha Conservation writing to the Township of Manvers, the Township of Verulam and the Village of Bobcaygeon with respect to the 1999 budget, participation in Kawartha Conservation and a resolution on participation and disbanding the conservation authority. (Received for Information) 1— 18 John O'Toole, MPP, Durham East, thanking the municipality for the resolution with respect to Land Ambulance Services. He encloses information on the issue of transfer of responsibility for the land ambulance. (Received for Information) 1-19 Carol Smitton. Committee Secretary, Regional Municipality of Durham, advising that Regional Council passed the following recommendations of the Works Committee: "a) THAT Report #98-W-124 of the Commissioner of Works be received for information; b) THAT a copy of Report #98-W-124 be forwarded to the area municipalities; and C) THAT the Region proceed with Community Safety Zones on a trail basis and report back to Works Committee in approximately one (1) year." (Received for Information) 1-20 Member Communication received from the Association of Municipalities of Ontario advising that Bill 98 — Balanced Budget and Taxpayer Protection Act, 1998 which was introduced in the Legislature in December 1998 will effectively require that Ontario's provincial government operate on an annual balanced budget and limit future tax increases to only those approved by taxpayers. (Received for Information) Council Minutes - 7 - January 11, 1999 COMMUNICATIONS 1-21 The Canadian Millennium Children's Celebration advising of a volunteer initiative that has been submitted for funding to the Millennium Bureau. Its intention is to involve children throughout Durham in a celebration of sport and cultural exchanges that are focussed around a serious of regional events and celebrations. At the same time, the project's primary goal is to establish a foundation to fund future cultural, academic and sporting exchanges for young people in Durham Region. (Received for Information) 1-22 Naomi Alboim, Secretary General to the Order of Ontario and Deputy Minister, Ministry of Citizenship, Culture and Recreation advising that the Order of Ontario was established in 1986 as a means of honouring those men and women who have rendered service of the greatest distinction and of singular excellence in any field of endeavour benefiting society here and elsewhere. The award pays tribute to those exceptional people who exemplify the highest qualities of achievement and excellence in their chosen professions or in community service on an international, national or provincial level. Thus far, 248 distinguished Ontarians have become members of The Order and they are now inviting nominations for 1999. (Received for Information) I — 23 Ontario Hydro submitting a November 1998 report card for Darlington Nuclear Generating Station and Ontario Hydro Nuclear. (Received for Information) 1-24 Mary Judith Sullivan forwarding concerns of many regional citizens with respect to the designation of the Pickering Airport Lands. (Received for Information) Council Minutes - 8- January 11, 1999 COMMUNICATIONS 1-25 News Release from the Ministry of Labour indicating that Legislative proposals to ensure a fair injury compensation system for volunteer firefighters and ambulance works have been signed into law. Most of the provisions of Bill 92, The Emergency Volunteers Protection Act, are retroactive to January 1. 1998. Bill 92 allows municipalities to select the amount of coverage to which their volunteers are entitled, ensures volunteer firefighters and ambulance workers can continue to collect employment benefits from their regular full time or part-time employer, and requires that full or part-time employers offer re-employment to workers injured as a result of their volunteer fire and ambulance duties, and participate in return -to -work programs. In addition, Bill 92 reduces red tape for municipalities by not requiring them to collect earnings information on each of their volunteers and report it to the Workplace Safety and Insurance Board. (Received for Information) 1-26 Jim Wilson, Minister of Energy, Science and Technology forwarding the first installment in a series of newsletters designed to keep you up to date on the progress being made toward electricity restructuring in Ontario. (Received for Information) 1-27 Bowmanville Veterinary Clinic, Clarington Animal Hospital, Clarington Animal Hospital, Courtice Pet Clinic. Durham Veterinary Clinic, East Oshawa Animal Hospital and Taunton Road Animal Hospital writing with respect to the current discount on spays/neuters of all dogs and cats adopted from Clarington Animal Services. The College of Veterinarians of Ontario has indicated that they consider the naming of individual veterinary clinics participating in discount programs as steering the public. Veterinarians already greatly subsidize the cost of spays and neuters. This generous subsidy is provided as an incentive for owners to spay/neuter their pets. The current costs of spay/neuter is not the determining factor of whether or not owners have this service performed but rather the owner's personal philosophy. For the above reasons the subject clinics decline to provide any additional subsidy for altering animals adopted through Clarington Animal Services. They applaud the municipality's efforts at providing a needed service for Durham Region and look forward to a continued positive relationship. (Received for Information) Council Minutes - 9 - .lanuary 11, 1999 COMMUNICATIONS I - 6 P.M. Madill, Regional Clerk. advising that Regional Council adopted the following recommendations of the Finance and 1999 Water Administration, Planning and Works Committees: Supply & Sanitary Sewerage Study "a) THAT the 1999 Capital Program for the Water Supply and E08.GE Sanitary Sewerage Systems as set forth in Attachment 1 and 2 of Commissioner's Report #98-J-27 provide the basis for the preparation of the 1999 Water and Sewer Capital Budgets to be presented to the Works Committee, Finance and Administration Committee and Regional Council during the 1999 Regional budget process in February/March, 1999; b) THAT subject to the availability of sufficient funding from development charges and user rates preliminary engineering and other preparatory work be undertaken in 1999 in order that the following priority capital projects can proceed to construction as indicated below or earlier if possible; Project Water Thickson Road Reservoir and Pumping Station (Brooklin/Whitby, Oshawa, Courtice) Capital Cost $8.8 million Bowmanville Zone 2 Reservoir and Feedermain $6.0 million Sewer Corbett Creek WPCP Upgrading and Modifications to Degremont Facilities $9.6 million Proposed Year of Construction 2000 2001 2000-2002 C) THAT Runnymede Development Corporation Limited, The Roster Construction Company Limited, Siret Investments Limited and Shoal Point Developments Limited ("Owners"), being the parties to a Servicing Agreement with the Region of Durham dated September 14, 1998 ("Servicing Agreement"), be advised as follows: Council Minutes - 10- January 11, 1999 COMMUNICATIONS i) Regional Council has determined that it is now necessary for the Owners to proceed to make arrangements to obtain all of the required approvals and have constructed to Regional standards the watermains and appurtenances referred to in paragraph 3(2) of the Servicing Agreement and deposit with the Region an irrevocable letter of credit for the balance of the Owners' share of the estimated cost of these works as required under paragraph 6(2) of the Servicing Agreement; The Owners be required to co-ordinate the construction of the Regional services referred to in (i) above with the Region's requirement for a 1500 mm diameter size water main to be constructed on Pickering Beach Road from Rollo Drive to Kingston Road (Highway 2) to allow distribution of water from the new Ajax Water Supply Plant; iii) In the event that the Owners fail to proceed to do so within forty-five days, the Region shall incorporate the Owners' obligation to construct all or part of the Regional services set out in (i) above within the construction by the Region of the 1500 mm watermain described in (ii) above; iv) In order to provide the necessary financing, the Region will draw on the securities posted under the Servicing Agreement to pay for the Owners share of the estimated costs of the Regional services and bill the Owners accordingly for the balance of the Owners' share of the cost of the Regional services referred to in part (i) above; d) THAT staff be directed to prepare an interim financing arrangement and an Area Specific Development Charge By-law to cover the watermain works which were the subject of the 1988 Servicing Agreement. This area specific by-law will be prepared in conjunction with the preparation of the Region -wide Development Charge By- law; Council Minutes 11 - January 11, 1999 COMMUNICATIONS e) THAT other long term financing solutions to provide for the construction of Water and Sewer capital infrastructure be brought forward to Regional Council concurrently with the review of the Region's Development Charges Policies in the spring of 1999 and include options such as the following: • Introduction of an industrial and commercial development charge(s); • reinstatement of the suspended Regional policy regarding the collection of water, sewer and road development charges prior to the issuance of building permits; • Reinstatement of semi-annual indexing of development charges; • Revision of the Regional financing policy for oversizing costs: and • Implementation of Front End Financing agreements for development which is considered to be premature to Regional needs; and f) THAT a copy of Commissioner's Report 498-J-27 be forwarded to the Durham Area Municipalities, the local chapter of the Urban Development Institute and the Durham Homebuilders Association." (Received for Information) Resolution #C-3-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 6 be received for information. "CARRIED" Council Minutes - 12- January 11. 1999 COMMUNICATIONS 1-10 The Honourable Ernie Eves, Minister of Finance thanking the municipality for forwarding Council's endorsement of the Existing Fuel Tax Township of Walkerton's resolution suggesting the Province to Support dedicate a portion of the existing fuel tax to supporting the Municipal Road municipal road system. Earmarking, or the linkage of tax revenues System with specific expenditures, can limit the ability of the government C10.AD to meet its priorities. It can also lead to the misallocation of revenue in the event that earmarked taxes provide more or less funding than actual program needs. Earmarking taxes does not directly relate funding to the amount of money needed to efficiently run a given program. He believes the current practice of funding road maintenance from general revenue is entirely appropriate. Resolution #C-4-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 10 be received for information. "CARRIED" 1-15 The Honourable Al Leach, Ministry of Municipal Affairs and Housing, advising of an amendment to a regulation under the Recycling Wine Municipal Act with regard to municipal powers concerning and Liquor alcoholic beverage containers. The Liquor Control Board of Containers Ontario is contributing $4 million to assist municipalities with the L I LPR cost of recycling wine and liquor containers. This funding will be available to municipalities for both 1998 and 1999. Other steps will include: • calls for other industries to contribute to the cost of operating and promoting a more efficient Blue Box system: and • the creation of a waste diversion organization in early 1999 to help find ways to further assist municipal recycling operations. Council Minutes - 13 - January 11, 1999 COMMUNICATIONS Resolution #C-5-99 Moved by Councillor Rowe, seconded by Councillor Young THAT the Correspondence Item 1— 15 be received for information. "CARRIED" 1-16 GTA Federations of Agriculture Project Management Committee advising that the Federation of Agriculture in the Regional Agricultural Municipalities of Durham, Halton, Peel and York have joined Impact Study forces to conduct an Agricultural Economic Impact Study in the M06.GE GTA. This study was launched in response to the pressures of urbanization on agriculture and to shed light on an industry that is often overlooked in terms of its contribution to the economv of the GTA. The proximity of the rural area to a large urban market combined with the need for a sustainable and viable economic base in rural areas presents rare opportunities for the agricultural industry. The result of the study will be circulated to regional governments and their planning and economic development departments as well as federal and provincial job training service providers. It will serve as an important building block to the growing body of research on an industry that is often overshadowed in the GTA. The firms of Walton & Hunter Planning Associates, J. Ross Raymond Associates Ltd., and Betsy J. Donald MCIP, RPP, will be undertaking this project. Resolution #C-6-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 16 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-7-99 Moved by Councillor Schell, seconded by Councillor Trim THAT the foregoing Resolution #C-6-99 be amended by adding the following thereto: Council Minutes - 14- January 11. 1999 COMMUNICATIONS "THAT a copy of the correspondence be forwarded to the Board of Trade." "CARRIED" The foregoing Resolution #C-6-99 was then put to a vote and CARRIED AS AMENDED. Resolution #C-8-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Correspondence Items D — 10 and D — 12 be approved as per the agenda. "CARRIED" D— 10 Cam Jackson, Minister of Long -Term Care with responsibility for Seniors requesting proclamation of 1999 as "International Year of Older Persons." (Proclaimed) D— 12 Walter Borosa, C & B Associates, Public Affairs Consultants advising many municipalities, corporations, associations and individuals across Canada are petitioning The Canadian Heraldic Authority to develop or to register their existing coat of arms as a millennium project. He encloses a procedure guide and a colour sample for our review. (Referred to the Clerk for review) D-2 The Association of Municipalities of Ontario forwarding Invoice No. 99-10102, dated December 8, 1998, in the amount of 1999 Membership $7,068.40, membership fees for the period of January 1, 1999 to Invoice December 31, 1999. At its meeting on November 26, 1998, the AMO Executive Committee passed the Association's 1999 budget which provided that membership fees for 1999 be recalculate using the most current household data available from the Ministry of Municipal Affairs and Housing and that the fee rates be increased by 1% over 1998. The Municipality's fee was calculated using the following fee rate schedule for lower/single tier municipalities: Council Minutes -15 - COMMUNICATIONS Total households of 21,542. Households I to 300 301 to 1,000 1,001 to 4.000 4,001 to 20,000 over 20,000 Resolution #C-9-99 Fee Rate $377.19 Flat $377.19 plus $0.63327 $829.48 plus$0.39188 $1,996.12 plus$0.31108 $6,973.40 plus $0.06161 ,lanuary 11, 1999 per household above 300 per household above 1,000 per household above 4,000 per household above 20,00( Moved by Councillor Young, seconded by Councillor Rowe THAT payment of the Associations of Municipalities of Ontario Invoice #99-0102 in the amount of $7,068.40 be approved. "CARRIED" D — 3 Kim Morgan-Deriet forwarding letters of resignation from the Animal Advisory Committee and as Poundkeeper for the Resignations Municipality. Ms. Morgan-Deriet will be moving away from the C12.PO Municipality of Clarington. Resolution #C-10-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the letters of resignation from Kim Morgan-Deriet be received with regret; THAT Kim Morgan-Deriet be thanked for her contributions; and THAT the correspondence be forwarded to the Clerk's Department in order to proceed with tilling of the vacancies. "CARRIED" Council Minutes - 16- January 11, 1999 COMMUNICATIONS D — 1 Wayne Arthurs, Mayor, Town of Pickering advising of a resolution passed by the Town of Pickering as follows: Pickering Airport Land "WHEREAS on July 23. 1998. the Honourable David Collenette, C l O.AD Federal Minister of Transport, announced his intention to declare the Federal lands in Pickering as an airport site under the Aeronautics Act, through an Order -In -Council that was subsequently published in the Canada Gazette on August 1, 1998; WHEREAS the original 30 day comment period on the proposed declaration has been extended twice, from August 31, 1998, to October 31, 1998, and again to December 31, 1998; and WHEREAS in a meeting with members of the Council of the Town of Pickering and in a subsequent correspondence to the Mayor, dated October 19, 1998, Minister Collenette stated that the federal government has no plans to build an airport in Pickering; WHEREAS in his correspondence of October 19, 1998, Minister Collenette also stated that current projections indicate an airport would not be required before sometime around the year 2013, and the Transport Canada's current actions are aimed solely at preserving options for future governments; WHEREAS in the same correspondence, Minister Collenette also stated that he and his officials at Transport Canada will continue to work with the local elected officials to ensure that the interests and concerns of local governments and stakeholders are fully considered in any actions taken to protect the longer term interests of the airport lands; WHEREAS Transport Canada staff has since clarified that the primary objective in designating an airport site in Pickering at this time is to allow for the establishment of Federal Airport Zoning Regulations on lands beyond the boundary of the federal holdings, which regulations would limit the height of buildings, structures and objects, and would prohibit incompatible uses, such as electrical/communication structures, and uses that attract birds; Council Minutes - 17- January 11, 1999 COMMUNICATIONS WHEREAS officials of Transport Canada. the Town of Pickering, and stakeholders have begun discussing ways of addressing the objectives of Transport Canada. through alternative means other than airport zoning regulations, thereby avoiding the need to declare an airport site in Pickering; NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby requests that the Honourable David Collenette, Minster of Transport, not declare the Pickering lands as an airport site under the federal Aeronautics Act at this time, pending further consultation between Transport Canada, the Town of Pickering, other affected government bodies, and local stakeholders; THAT this consultation examine the feasible utilization of using local zoning, local and regional official plans, provincial zoning orders, conservation easements and other available means of preserving future options concerning the federal lands in lieu of the federal Aeronautics Act; THAT from this consultation, formal agreements be established amongst the appropriate parties, to limit the height of buildings, structures and objects beyond the boundary of the federal holdings, and to prohibit incompatible uses, such as electrical/communication structures, and uses that attract birds; THAT the Town of Pickering take the lead in ensuring this consultation takes place at the earliest available opportunity, and to this end, that Mayor Arthurs, on behalf of the Town of Pickering, immediately write Transport Canada, the Region of Durham. the Region of York, the town of Markham, the Township of Uxbridge, the Town of Ajax, the town of Whitchurch-Stouffville, and the Province of Ontario to seek their participation in such discussions and agreements; and THAT this resolution be forwarded to the above -noted parties, to Dan McTeague, M.P. Pickering -Ajax -Uxbridge, and to Janet Ecker, M.P.P. Durham West and such community organizations as deemed appropriate, as well as stakeholders who participated in the most recent consultation process, Green Door Alliance, VOCAL and the Ajax/Pickering Board of Trade." Council Minutes - 18 - January 11. 1999 COMMUNICATIONS Resolution #C-11-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the resolution of the Town of Pickering regarding the Pickering Airport Lands be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-4 Corporation of the City of Nepean advising of a resolution passed by the City as follows: School Closures C10.AD "WHEREAS the Provincial Government has ordered school boards that they must apply a school funding formula based on measurable space per student which will result in the closure of existing community schools; AND WHEREAS future education of our children should not be determined by arbitrary and artificial limitations of physical space within each school; AND WHEREAS schools are an integral part of our communities, contributing to the quality of life of our residents, their sense of belonging to a community, as well as providing a focus for neighbourhood activities and significant urban space; AND WHEREAS the City of Nepean and its residents have a special interest in preserving community schools to secure future development redevelopment within our City; AND WHEREAS Nepean is a dynamic and expanding City with steady population growth; AND WHEREAS the Provincial Government has given local school boards until the end of 1999 to make decisions regarding school closures; BE IT RESOLVED that the Council for the City of Nepean: Urges the Provincial Government to review its current policy and criteria for funding for schools in Ontario to reflect the public's desire to maintain existing schools in communities which may be older and more established; Council Minutes - 19- January 11, 1999 COMMUNICATIONS 2. Urges the Provincial Government to provide adequate funding to build new schools where there is a need determined by school boards and communities: Encourages local school boards to request the Provincial Government to reconsider its current policy which would result in unnecessary and unfair school closures in our community; 4. Requests that local school boards postpone any school closures until they, and local municipalities, have had an opportunity to study the full impact of closures on our communities; and AND BE IT FURTHER RESOLVED THAT this resolution be circulated to all Ontario municipalities, all Ontario school boards, Premier Mike Harris, Education Minister Dave Johnson, Chairs and Trustees of the Ottawa -Carleton District School Board and the Ottawa -Carleton Catholic School Board." Resolution #C-12-99 Moved by Councillor Novak, seconded by Councillor Young THAT Correspondence Item D — 4 be received from information. D D-5 Morley Kells, MPP. Ontario Olympics Commissioner forwarding a copy of Bill 77 entitled An Act to Endorse the Bid by the City of Olympic Games Toronto to host the UVIX Summer Olympic Games which was LI I.PR adopted unanimously by the Ontario Legislature and will also become government policy when it receives Royal Assent. Bill 77 describes in detail the reasons for Provincial support and calls for an agreement between the Province and TO -BID (the Olympic Organizing Committee). The Bill also asks on a voluntarily basis that all the communities in the Province of Ontario pass a motion in support of the Olympics. The following is the suggested wording for the motion: Council Minutes -20- January 11, 1999 COMMUNICATIONS "WHEREAS the Canadian Olympic Association at its regularly scheduled meeting held in Calgary on April 17. 1998, voted to grant approval to the City of Toronto's application to represent Canada's bid to host the 29°i Olympiad in 2008 subject to the dictates of the International Olympic Committee Charter; WHEREAS the City of Toronto Council on July 9. 1998, passed a motion to ratify the agreement between the Canadian Olympic Association and the City that detailed the terms required and outlined the mandate for the operation of TO -BID, the organization authorized to present the Toronto bid for the Summer Olympic Games in 2008; WHEREAS the Ontario Legislature on December 3, 1998, unanimously endorsed a Bill introduced by Morley Keels. the Ontario Olympics Commissioner, to support the City of Toronto's bid to host the 29°i Summer Olympic Games and encourage participation by all of Ontario's communities in the bid proposal and subsequent presentation of the Olympiad; WHEREAS the International Sports Federations representing the 140 athletic competitions and the IOC delegates who cast the deciding votes in 2001 will be influenced favourable by province - wide public support for the Toronto bid; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington endorses the tenets of support called for by the Bill entitled: ,4n Act to Endorse the Proposed Bid of the City of Toronto to host the XXIX Summer Olympic Games, and further that this Council agrees with the principles of `building a peaceful and better world by educating youth through sport practiced without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play' as described in the IOC Charter; and THAT the Council further agrees to have this endorsement joined to that of other jurisdictions as a display of provincial solidarity behind this universally acclaimed undertaking." Council Minutes 21 - January 11. 1999 COMMUNICATIONS Resolution #C-13-99 Moved by Councillor Schell, seconded by Councillor Young THAT the resolution pertaining to an Act to Endorse the Bid by the City of Toronto to host the 29'x' Summer Olympic Games be endorsed by the Council of the Municipality of Clarington. D-6 Marjory Morden, Town Clerk, The Corporation of the Town of Caledon advising of a resolution passed by the Town of Caledon as Organ Donation follows: C10.AD "WHEREAS April Evans. a young Caledon resident, aged 18 months, recently died after waiting in vain for 6 months for a heart transplant; AND WHEREAS more public education on organ donation might have provided April with a new heart, and the opportunity for a long and healthy life; BE IT RESOLVED THAT the Town of Caledon in its communications with its residents endeavour to enlighten its residents as to the benefits of organ donation through its recreational publications, tax notices, on its web pages, and other communications, and that our Library Board be asked to disseminate organ donor information at its checkout counters; AND FURTHER THAT this resolution be distributed to other municipalities for their assistance in making organ donation by their residents an accepted practice." Resolution #C-14-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the resolution of the Town of Caledon with respect to organ donation be endorsed. "CARRIED" Council Minutes ?2 - January 11. 1999 COMMUNICATIONS D-7 Willie Woo and Frank Hoar, Newcastle Ratepayers Association requesting that the issue of the Mayor and Councillors' salary Mayor and increase be revisited. They question why the raises are retroactive Councillors to January 1998 and why the salaries of the Members of Council Salaries and staff weren't separated to allow for the Council salaries to be H05.GE discussed in open forum. Resolution #C-15-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the Correspondence Item D — 7 be received for information. "CARRIED" D-8 Robert M. Prentice, Director of Corporate Services/Town Clerk, Town of Newmarket advising of a resolution passed by the Town Carbon Monoxide of Newmarket as follows: Detectors C l O.AD "WHEREAS the use of carbon monoxide alarms has been proven to contribute to the reduction of carbon monoxide poisoning; AND WHEREAS the incidence of carbon monoxide poisoning within buildings and its threat to the health and safety of the residents of Ontario has been clearly recognized by many municipalities through the introduction of public awareness campaigns and the adoption of different municipal by-laws requiring installation of detectors; AND WHEREAS the Ontario Building Code currently only requires the installation of carbon monoxide detectors in new houses where there is a solid fuel burning device such as a fireplace or a wood burning stove and does not apply to homes built prior to 1994; AND WHEREAS the use of carbon monoxide detectors in all buildings is an effective method to protect the residents of Ontario from the threat of carbon monoxide poisoning; Council Minutes -23 - January 11. 1999 COMMUNICATIONS THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF NEWMARKET AS FOLLOWS: THAT the Province of Ontario be requested to amend the Ontario Building Code to require the installation of carbon monoxide detectors in all residential dwelling units; AND THAT a copy of this resolution be forwarded to all municipalities in the Province of Ontario with a population over 50,000 for support." Resolution #C-16-99 Moved by Councillor Novak, seconded by Councillor Schell THAT the resolution of the Town of Newmarket with respect to carbon monoxide alarms be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-9 Roy Forrester, Chair, Clarington Chapter, Oak Ridges Trail Association, Box 97, Orono, LOB IMO, forwarding Oak Ridges correspondence with an enclosed map as to the proposed route to Moraine Trail be considered which include many unopened road allowances that are established in the Moraine. Resolution #C-17-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Item D — 9 be referred to the Acting Director of Planning and Development and to the Director of Public Works for review and preparation of a report to be submitted to Council at the meeting scheduled to be held on January 25, 1999. "CARRIED" Council Minutes -24- January 11, 1999 COMMUNICATIONS D — 1 I Courtney Pratt. Past Chair and Gordon Cressy, President, The Learning Partnership requesting financial support from the Donation Request Municipality of Clarington. This group of visionary education, The Learning business and community leaders came together some five years Partnership ago and today the organization is thriving in its quest to support publicly -funded education through a variety of unique and innovative projects such as We CAN Invest, kidsmuse, Hands On IT, Take Our Kids To Work and others. This Fall they were honoured to organize the Mandela and the Children event at SkyDome attended by over 45,000 young people. Resolution #C-18-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Item D — I 1 be referred to the 1999 budget process. "CARRIED" MOTION NOTICE OF MOTION COMMITTEE REPORTS Report #I Resolution #C- 19-99 G.P.A. Report Moved by Councillor Rowe, seconded by Councillor Mutton January 4, 1999 THAT the General Purpose and Administration Committee Report of January 4, 1999, be approved with the exception of Items 94 and #5. 0019. D Councillor Novak indicated a disclosure of pecuniary interest with respect to Items #4 and #5 of Report 41 vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity of the subject properties. Council Minutes - 25 - January 11. 1999 COMMUNICATIONS Clarington Official Plan Resolution #C-20-99 Moved by Councillor Rowe. seconded by Councillor Mutton THAT Report PD -2-99 be received for information with the exception of Referral No. 8 (Domitrovic) to the Clarington Official Plan; and THAT the information pertaining to Referral No. 8 (Domitrovic) of the Clarington Official Plan contained in Report PD -2-99 be received for information. "CARRIED" UNFINISHED BUSINESS Report #2 Resolution #C-21-99 Confidential Moved by Councillor Trim, seconded by Councillor Young Verbal Report THAT the Confidential verbal report of the Solicitor pertaining to a legal matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Red Tape Resolution #C-22-99 Reduction Tape Ll LPR Moved by Councillor Mutton, seconded by Councillor Rowe THAT the correspondence received from the Ontario Property and Environmental Rights Alliance (OPERA) with respect to Schedule I, Proposed Bill 25 Red Tape Reduction Act be received for information. "CARRIED" Council Minutes -26- January 11. 1999 UNFINISHED BUSINESS Delegation of Peter Falconeri Delegation of Roy Forrester BY-LAWS Resolution #C-23-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the delegation of Peter Falconeri be received and referred to the Fire Department and the Building Division for review and preparation of the report to be submitted to Council FORTHWITH; and THAT Peter Falconeri be advised of Council's decision. "CARRIED" Resolution #C-24-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the request of Roy Forrester for the municipality to commence ploughing of the parking lot located at Station Street and Ochonski Road be referred to the Director of Public Works for review; and THAT Roy Forrester be advised of Council's decision. "CARRIED" Resolution #C-25-99 Moved by Councillor Schell, seconded by Councillor Young THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 99-1 being a by-law to govern the Local Architectural Conservation Advisory Committee and provide for the appointment of members thereto; 99-2 being a by-law to amend the Comprehensive Zoning By-law 84-63 for the Corporation of the Municipality of Clarington (Trulls Road Free Methodist Church); Council Minutes - _27- January 11, 1999 BY-LAWS 99-3 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Xerox Canada Ltd., Cobourg, Ontario: 99-4 being a by-law to amend By-law 97-201 and to authorize a Change Request between SHL Systemhouse and the Corporation of the Municipality of Clarington: and 99-5 being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 1999. "CARRIED" Resolution #C-26-99 Moved by Councillor Schell, seconded by Councillor Young THAT the third and final reading of By-laws 99-1 to 99-5, inclusive be approved. "CARRIED" Resolution #C-27-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT Council recess for 10 minutes. "CARRIED" Resolution #C-28-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the meeting reconvene at 8:20 p.m. in a "closed" session to address a legal matter. ROUNUF "I Council Minutes 28 - January 11. 1999 BY-LAWS Resolution #C-29-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the actions taken during the "closed" session be ratified. "CARRIED" CONFIRMING BY-LAW Councillor Novak indicated a disclosure of pecuniary interest earlier in the meeting, vacated her chair and refrained from discussion and voting on the Confirming By-law. Resolution #C-30-99 Moved by Councillor Trim, seconded by Councillor Young THAT leave be granted to introduce By-law 99-7, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on I I 1 of January 1999, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-31-99 Moved by Councillor Trim, seconded by Councillor Young THAT the third and final reading of By-law 99-7 be approved. "CARRIED" Council Minutes - 29 - January 11, 1999 ADJOURNMENT Resolution #C-32-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 8:55 p.m. "CARRIED" MAYOR CLERK SUMMARY OF CORRESPONDENCE JANUARY 25, 1999 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I — 1 The Visual Arts Centre of Clarington advising of POWERWORKS by Jane Adeney. POWERWORKS is a broadside psychological assault, its equivocal, ambiguous depth charges resonating with acknowledgements of our submerged recesses of consciousness. The Visual Arts Centre welcomes Hamilton artist Jane Adeney's exhibition, a series of clay boxes with extruding electrical apparatus and contained, barely visible objects. The opening reception was held on Sunday, January 17, 1999. Artist's demo, talk and lunch Saturday, February 13, 1999, 10:00 a.m. — 1:00 p.m. Anyone wishing to register please call 623-5831. (Receive for Information) I — 2 Minutes of a meeting of the Clarke Museum & Archives held on December 1, 1998. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 3 Minutes of a meeting of the Bowmanville Museum Board held on December 9, 1998. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 4 D.J. Beach, Manager, York -Durham District, Ministry of the Environment forwarding a copy of a report with respect to the Phytotoxicology 1997 Investigation — Darlington and Pickering Nuclear Generating Stations. In summary, as in previous surveys, the report found that tritium emitted from the stations was detected in grass and tree foliage and the levels were consistent with or lower than previous survey results. The data appear to reflect tritium levels in the air during the 24 hour period before the samples were collected. Should future surveys be considered by the Ministry, sampling fruits and vegetables may be a better indicator of long term impact, as is done by Ontario Hydro. (Receive for Information) I — 5 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on December 15, 1998. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 6 Kawartha Region Conservation Authority advising that the second annual dinner -roast organized by Friends of Kawartha Conservation will be held on Saturday, April 17, 1999 at the Admiral Inn, Lindsay. Mr. John O'Reilly, Member of Parliament for Haliburton- Victoria-Brock will be the featured guest this year. As well, the event will be having a silent auction. Members of the community are cordially invited to attend this gala evening of dining, entertainment and conservation. Summary of Correspondence - 2 - January 25, 1999 Tickets for the 1999 Dinner -Roast cost $75.00 and are available from any member of Friends or by calling 705-328-2271. A tax receipt will be issued for a portion of the ticket. If you purchase your tickets before February 14`h, you will automatically be entered in the Friends early -bird draw. First prize is $150.00 and second prize is $75.00. (Receive for Information) 1-7 News Release received from Bell Canada advising that Bell is committed to negotiated transition for operators. On January 11, 1999, Bell Canada informed the Communications, Energy and Paperworkers' Union of Canada of plans to partner with an international operator services provider to create a new Canadian company in which Bell will hold a minority interest. Bell informed the union that all 2,400 operators would be offered jobs with the new Canadian company and that it was willing to begin discussions immediately on aspects of the transition that will help ease the adjustment process for employees. The decision to form this company was made after thoughtful examination of the issue and after taking into account how to best meet the needs of customers. It states that Canadians enjoy the lowest telephone service costs in North America and have every right to expect to continue to do so. (Receive for Information) I — 8 Roger Anderson, Regional Chair, Regional Municipality of Durham, forwarding a letter of appreciation to the Municipality of Clarington Council and staff with respect to the Ontario Summer Games 2000 Bid. On January 13, 1999, Minister Isabel Bassett announced that Durham Region would host the 2000 Summer Games. This could not have been the successful bid that it was without the support and help of not only Council, but Mr. Joseph Caruana who is a member of the Municipalities of Durham Steering Committee. (Receive for Information) 1-9 Isabel Bassett, Minister of Citizenship, Culture and Recreation, advising that one of the key centrepieces of the government's Ontario 2000 Program is Main Street Ontario. This partnership initiative with communities across Ontario provides an opportunity for the communities and the government to work together to create meaningful, exciting projects in the year 2000. Main Street Ontario provides matching funds to municipalities, First Nations and local services boards for special, one-time, community oriented millennium projects taking place between January 1, 2000 and December 31, 2000. Applicants are encouraged to submit proposals for projects that will have a lasting and meaningful legacy. (Receive for Information) Summary of Correspondence - 3 - January 25, 1999 1— 10 Lloyd Chiotti, Director Business Transformation, Enbridge Consumers Gas, advising of ongoing developments and changes at Enbridge Consumers Gas. Last year they joined with other members of the IPL Energy family of companies to become Enbridge. Their new name tells the world that they have become one company with one vision: to lead the energy industry in a time of rapid change. Central to that change is a process — being driven by customer demand and an evolving regulatory environment — to remove certain business activities from regulated utilities and into the competitive market place. It is called "unbundling" and it holds the promise of significant benefits for consumers by creating a truly competitive marketplace for energy-related services, which will enhance customer choice and keep prices in check. Enbridge Consumers Gas will continue to support its customers through the process of unbundling. As in the current market, customers will be free to purchase gas through the broker of their choice. However, he assures that customers who choose to stay with Enbridge Consumers Gas for their gas supply will be able to do so. (Receive for Information) 1— 11 John R. O'Toole, MPP, Durham East, advising that on February 9, 1999, the Minister of the Environment, The Honourable Norm Sterling and his Parliamentary Assistant, Mr. Doug Galt, the MPP for Northumberland, will be available to speak with municipal delegations at the ROMA Conference. He advises that if Members of Council would like to have a meeting with the Minister and his Parliamentary Assistant on this date, to advise his office. (Receive for Information) I — 12 Frances Aird, Clerk Administrator, Township of Hope, forwarding a letter addressed to The Honourable Ralph Goodale, Minister of Natural Resources Canada advising of a resolution passed by the Township of Hope as follows: "WHEREAS the Township of Hope LLRW Ad Hoc Committee have prepared and presented their `Report on Conceptual Design Options for a Low -Leval Radioactive Waste Storage Mound at the Welcome Site' to Council; AND WHEREAS Council have forwarded a copy of the report to all parties involved and a further review and discussion took place with those parties; AND WHEREAS Council has considered the issue of transportation as a serious matter for the residents as well as the other involved parties; AND WHEREAS Council has considered the ultimate use of any storage mound; NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Hope has reached a consensus that the Township continue to pursue keeping its own L.L.R.W. at the Welcome site and that Council is not in favour of any option which would involve transporting the waste; Summary of Correspondence - 4 - January 25, 1999 AND BE IT FURTHER RESOLVED THAT it is Council's consensus that the entire tract of land at Welcome, including the proposed mound, would be used for recreational purposes such as a golf course." (Receive for Information) I — 13 Member Communication Alert, Association of Municipalities of Ontario advising that the regulation that provides the method of calculating assessment reform -related amounts that are subject to the 10 percent cap on tax increases has been released. (A copy of the Alert is attached to the Summary of Correspondence.) (Receive for Information) 1— 14 Gail Empey, Chief Administrative Officer and Clerk, Township of Cavan -Millbrook North Monaghan expressing support for Kawartha Conservation. She advises that government agencies, boards and local governments have all been affected by downloading, downsizing and restructuring and have all responded to these demands and challenges with new business plans, leaner operations and changed servicing initiatives. (Receive for Information) CORRESPONDENCE FOR DIRECTION D — 1 Novina Wong, City Clerk, City of Toronto, forwarding a copy of Clause No. 21 of Report No. 26 of The Strategic Policies and Priorities Committee headed "Payment in Lieu of Taxes for Provincial and Federal Buildings." She advised that City Council adopted this Clause without amendment and in so doing took the following action: 1. Requested the Provincial Government to approve legislation to increase the "head and bed" rate allowed in Section 157 of the Municipal Act from $75.00 to $208.50; 2. Requested the Association of Municipalities of Ontario (AMO) to pursue Recommendation No. (I) with the Province of Ontario; and 3. Requested all GTA municipalities to endorse Recommendation No. (1). (A copy of the correspondence is attached to the Summary of Correspondence.) (Motion for Direction) D-2 Norm Leigh, Manager, Business Development and Kim Wildman, Project Manager, Durham '99, Regional Municipality of Durham, advising that as part of the Region's 251h Anniversary they are planning what, at present, they are calling "The Summer Tent Event." This will take place on Saturday, June 12, 1999 on the grounds behind Regional Headquarters in Whitby, and they are inviting the Municipality of Clarington to participate. They will be erecting a small "tent city" of nine tents, one for each municipality and one for the Region. They are offering each municipality in Durham a tent approximately 20' by 40' (at no cost to the municipality) in which to showcase artists, musicians, crafts, foods, historic displays, services, etcetera, whatever the municipality feels they would like to promote about the Municipality of Clarington. Summary of Correspondence - 5 - January 25, 1999 They advise that admission would be free to the public, although they might ask for donations to a food bank, and would provide entertainment, midway rides, to name but a few. In the evening they would present a live concert, with predominantly local talent in a central tent. They ask that the municipality confirm its intent to participate by February 4, 1999. (Refer to Marketing and Tourism Officer) D-3 Craig Brown, Chairman, Clarington Public Library Board, advising that Freedom to Read Week is February 14 — 21, 1999. As stated in the Canadian Library Associations Statement on Intellectual Freedom, "all persons in Canada have the fundamental right, as embodied in the nation's Bill of Rights and the Canadian Charter of Rights and Freedoms, to have access to all expressions of knowledge, creativity and intellectual activity". He advised that to celebrate our intellectual freedom, libraries, bookstores and schools across Canada will promote displays of censored materials and educate the public about censorship during Freedom to Read Week, an annual event sponsored by the Canadian book and magazine industry. He advised that the Clarington Public Library will host displays of materials in their collection which have been banned, challenged or removed from libraries, school libraries and bookstores. He is requesting the Municipality of Clarington to proclaim the week of February 14 — 21, 1999 as Freedom to Read Week. (Motion to Proclaim) D-4 The Township of Hope advising of the proposed levy increase for 1999 for the Ganaraska Region Conservation Authority (GRCA). Council of the Township of Hope read in the minutes of the GRCA that there will be a 5% increase in the 1999 levy and are requesting the municipality's support in objection to this proposal. Township of Hope Council have passed a resolution and forwarded a letter to the GRCA stating that a 5% increase for 1999 is unacceptable and is unjust in todays terms, especially as it has been announced without having established a budgetary need. They expected a substantial reduction considering the Conservation Authority's unexpected windfall in their reduction in taxes. (Motion for Direction) D-5 James W. Hale, President, Newcastle Recycling Limited, inquiring as to the cost of waste pickup monthly and annually. He asks if fees calculated for dumping and pickup are separate and if so, what is the cost of tipping fees in Clarington. He stated that it was his understanding that this contract was to be open for bids in 1999, however, it is rumoured that Canadian Waste has negotiated with staff for a two year extension to 2001 and he would be interested in seeing a copy of any such agreement and would also be interested in knowing the details of the transfer station agreement. (Refer to the Director of Public Works for response) Summary of Correspondence - 6 - January 25, 1999 D-6 Janet Everton, 80 Somerscales Drive, Orchard Park Estates, Bowmanville, LIC 5137, regarding the lack of public transit in the Municipality of Clarington. She stated that a bus system would be an incentive for people to leave their cars at home and would also make mobility for seniors more convenient. She feels that incidents of accidents would be reduced with less vehicles on the road and the environment would benefit from less exhaust fumes. She is requesting Council to consider this matter. (Refer to the Director of Public Works for consideration in conjunction with his review of this matter) D — 7 Chris Osborne, advising of his resignation from the Local Architectural Conservation Advisory Committee as he is moving to Toronto. (Motion to receive resignation with regret, thank Chris Osbourne for his contribution and refer letter to the Municipal Clerk to fill vacancy) D — 8 Claude Cantin, President, Federation of Canadian Municipalities, requesting the Municipality of Clarington to proclaim March 21, 1999 as "International Day for the Elimination of Racial Discrimination" and to participate in FCM's annual Race Relations Award. (Motion to Proclaim) D — 9 Lisa McCoy, Area Manager, Durham East, Heart and Stroke Foundation of Ontario, requesting the Municipality of Clarington to proclaim February as "Heart and Stroke Month" and to conduct a flag raising ceremony during the first week of February. (Motion to proclaim and approve flag raising in the Municipal Square) COUNCIL INFORMATION I_2 Clarington Museums ClarkeMuseum &Archives P.O. Box 152, Orono, Ontario, LOB IMO (905) 983-9243 E -Mail cma-chin@durham.net The regular monthly meeting of the Clarke Museum & Archives Board of Directors was held at 7:00 PM Tuesday December 1, 1998., at the Museum in Kirby. #1998-12. PRESENT: Chairman, G. Brian Jung; Vice -Chairman, Valerie St. Croix; Curator, Mark Jackman; Executive Secretary, Donald Igbokwe; Board Member, Jeff Brooks; Board Member, Angela Harris; Board Member James Hutchison; Councillor, John Mutton; Councillor, Troy Young; Recording Secretary/Treasurer, Gavin M. Stephenson REGRETS: Board, Member Les Jagoda **98-76** Moved by Angela, Seconded by Troy to adopt the agenda as presented. Carried. **98-77** Moved by Troy, Seconded by James, to adopt the minutes of meeting #1998-11 as printed. Carried. BUSINESS ARISING FROM THE MINUTES MANVERS HISTORICAL SOCIETY SPEECH Cancelled for personal reasons. CORRESPOND,NC None ,086 Old Kirby School Road, Hwy 35/115 at I:egion Rd. 9 Kidry, Ontario -2- TREASURER'S REPORT Gavin presented the month end accounts and expenses for November. **98-78** Moved by John, Seconded by Jeff, that these accounts be paid as presented. (Attached). Carried. FINANCE COMMITTEE REPORT Angela reported that the Finance Committee is working on completing the advance grant form from the Ontario Lottery Corporation. COL TIONS COMMITTFE g pORT Valerie thanked the Board for approving the purchase of new shelving for the Volunteer's Building. MEMBERSHIP COMMITTEE REPORT No Report BUILDING COMMITTEE RFpORT No Report CURATOR'S REPORT No Report OTHER MATTERSINEW BUSINFS Valerie thanked the Board for the flowers that were sent during her recent illness. John asked for a list of Museum events for 1999 that could be included in the marketing of Durham '99. Brian reminded committee chairs that their reports are due for the January meeting of the Board. He also reminded all Board members that elections for the executive committee will be held at the January meeting. Those interested in positions of responsibility should make their desires known to the Recording Secretary as soon as possible. Mark will prepare the new Finance Committee guidelines for review at the January meeting. **98-79** Moved by Donald, Seconded by Troy, that the next meeting of the Board of Directors be held on Tuesday January S, 1999. at 7:00 P.M. Carried. -3- **98-80** Moved by Valerie, Seconded by Troy, that the meeting adjourn at 7:13 P.M. Carried. Gavin M. Stephenson, Recording Secretary G. Brian Jung, Chairman zi 00 O O 00 N jo E p Z V a) co 0 (Mp V M 0) CP y 00 U) 0) I- 0) N =U m (D (D � C C r va0i eo 7 f0 � m O (O 7 M O (0 (O 4n V — N O M (M w t0 0 M (p IT M 00 V (O M = N N (n O N '- 7 O N r (0 E U E N N p O` CL y a) J LL U U >. >. @ w v a a o a N @ @ @ N @ N C @ > wx x U) Cl) X 0. O c c `o `o w w a a p OFF Q 0) O O @te 0 c m a @ c n w . 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CL C �:. is () a) Q) d a x CL w w w x x d a) w w c c c W W CO m e c (D F- 4) a a .y NU(n GNU U U c C C m -00 N N0(L 0m 0 m 0 m m m 1 E E X X= E X X X = x �= `m `m E= a) X (n¢¢tOFm(n¢��(nt0�(n�2U)U)U)¢(n¢m w J F- 0 O Z N i co rn O C N d E O Z a� � C U C m W m m N 00 m C) ((j C V C LL U CL i a rn m p (0j m m L C ON m IL O OS C > CLS NM U U U U U U CL 0 c 2 0 E c `m 0 y U 0 m T o 0 0 7 CL a m U m m (° m c F- C7 O O m m co 0) co CD co 0) 00 0) 00 rn 00 0) co 00 ro 00 co 00 M 04 CN CV) � M Cl) Cl) J F- 0 O Z N i co rn O C N d E O Z zo cm C 00 N � '(p r v r O C M 7 LL L I a) K L 0 CL w00 Z� r U Q N 2 R LM C 0 O E q A d T CL E .. m N NA U IO LO N I- N N n N N 04 O m 00 m 0) 0M0 00 00 IT v v v v v w o u o O W O IA 01 IA U U SMR J FQ- O F- G Z M i 00 0) 01 C N U) E CD0 U C O m 0) C J m C O O n E o a c 0 d d o 0 0 o m o n O Z N -- 00 00 co 00 OJ mmmm U O r r ��-- (h r C (0 W N N N ,O Q1 � m w IA O c c = CL o SMR J FQ- O F- G Z M i 00 0) 01 C N U) E CD0 N C > 00 N 0) U � r F- O a� M Or tm W C O: Z H 00 F a U � a; z o co m m 0 N N a E 0 Z m mm 0) 00 IT11 a N v .E rcu u Lf) c m � o 0 0 0 0 C (O O (O w p N S M M E fA lA a N IA U U O �O a. a. m m U U 07 O1 CL CX o o O) O a � C C U Li (i 0 E v U 0 m y "0 a.Orn T a Cl�- O 0) CL 2 o O O o OD 00 M N COC m co W A H D m o r O C F - (M w O C L Z E ac c m 0 Z O 0 co m m 0 N N a E 0 Z COUNCIL INFORMATION BOWMANVILLE MUSEUM BOARD MEETING MINUTES DECEMBER 9TH, 1998 PRESENT: A. Bark; C. Morgan; T. Tufts; L. Paradis; D. McKenzie; W. Fehn; J. Schell; S. Leetooze C. Taws; E. Logan REGRETS: M. Novak; G. Ashton 1. The meeting was called to order by the Chairman, Arnold Bark, at 7:00pm. 2. Motion - to adopt the agenda as presented. Moved by J. Schell — 2nd D. McKenzie carried 98�D 3. Motion - to approve the November 11", 1998 Board Meeting Minutes as presented. Moved by C. Morgan 2"d W. Fehn carried 4. BUSINESS ARISING: Millennium Grant Sher is looking into permits and she has dropped off the existing drawings with Reg Freezy, who can give an estimate on costs, etc. necessary to build the carriage house. The Planning Committee will have more information in January. Verandah Tender Larry reported that he had reviewed the new tender and sent his suggested changes to Fred Horvath. This tender will not be advertised but will be sent to the previous two bidders plus Crago Contracting. Part of the package is that they secure the verandah for the winter months. Fred Horvath received an estimate of $2,000. to replaster the bathroom ceiling, therefore it may not be repaired until Spring as it will be included in his new budget. The leak in the Doll Gallery has been looked at and they couldn't find any damage. The Property Committee will keep an eye on it. Player Piano Charles has been unable to get any estimates for restoring the player piano but will try again in the new year. Page 2 Dec 9/98 Minutes M. 5.a.t . Christmas Open House Charles reported that the Christmas Open House was a great success with 591 visitors. Entertainment was provided by Janet McGregor, Allanah Coles and Doug Dewell, Alexis Ward, Mrs. Ford and Warner Fehn. Refreshments were provided by the Board on Friday and Saturday with the `Friends' serving on Sunday. The `Friends' decorated the Museum during the previous week and it all looked lovely. CORRESPONDENCE: Motion - to accept the correspondence for information. Moved by D. McKenzie — 2"" I Schell carried W,;24 6. PRESENTATION OF NOVEMBER 1998 BILL Motion - to acknowledge payment of the November 1998 bills, listed in Section 3. — Moved by C. Morgan — 2"" T. Tufts carried 7. FINANCE & PLANNING. COMMITTEE REPORT: Larry Paradis, Finance Chairman, put before the Board a 1999 Draft Budget and Projected Revenue.. Motion - to approve the Finance Committee report as presented. — Moved by I Schell — 2"" C. Morgan carried #a - COLLECTIONS COMMITTEE REPORT: Charles noted that he had met with Gladys, Collections Chairman, and she hopes to be back in the new year. She approved the purchase of a dollhouse, cost $540.00, as the Museum wants to promote doll houses as well as their dolls, and we are lacking in good doll houses in our collection. Susan Laing donated a New York Co. doll. Diana Grandfield donated a Texaco truck from the 1950's and Mrs. McEwan, from Toronto, donated a collection of dolls and bears, which will be restored by Gladys. Gladys also donated a selection of dolls from the 60s and 70s that we do not have in our collection. Motion - to accept the Collections Committee Report for information. Moved by W. Fehn 2"" S. Leetooze carried8 A27 PROPERTY COMMITTEE REPORT: No report. 8. CURATOR'S NOVEMBER 1998 REPORT The Curator reported 1,289 visitors to the Museum during the month of November. ......................... ............................ Page 3`;iib[1 Dec 9/98 Minutes 10. Motion - to approve the Curator's November 1998 report for information. — Moved by T. Tufts 2"'' L. Paradis carried 98�D 28: FRIENDS OF MUSEUM REPORT: The Friends reported that they made approx $1,000. on their Christmas Craft and Bake sale. 1999 Admission Fees The Curator put before the Board a proposal to raise the admission fees for 1999: Adults - $3.00 Family $5.00 Children/Students $2.00 Seniors Motion - $2.00 to raise the admission fees for 1999 as proposed. Moved by J. Schell 2"" D. McKenzie carried Filming at Museum Charles reported that a film company has approached us to do some filming at the Museum. The programme is called "What Katie Did" and they are interested in filming the last two weeks of April plus two weeks in May, inside and outside. This is all tentative and he will report back when he has more information. The Chairman noted that we have had a good season at the Museum and thanked the Board and staff for their work and support and hoped that 1999 is as successful. 11 Motion - to adjourn at 7:55pm Moved by A. Bark carried 9'3 o .t BOWMANVILLE MUSEUM BOARD Dec 1: Went to Tyrone to get cedar for Museum decorations. Dec 2: Collected raffle tickets from local merchants. Evening tour, Cubs, 20pp. Dec 3: Ken and I put up Christmas Tree. `Friends' decorate Museum Dec 4: Gave speech at Tree Lighting Ceremony, 1,000pp. Christmas Open House. Janet McGregor provided entertainment, 377pp. Dec 5: Christmas Open House. Doug Dewell and Allanah Coles provided entertainment, 102pp. Dec 6: Christmas Open House. Alexis Ward, Warner Fehn and Margaret Ford provided entertainment. Held painting Raffle and Beanie Baby Raffle, 112pp. Thanks to Friends, Board Members and volunteers who helped. Dec 8: Christmas School Programme, Central School, 29pp. Christmas School Programme, St. Elizabeth School, 31pp. Dec 9: Attended a play at Central school. Christmas School Programme, Vincent Massey School, 30pp. Dec 10: Christmas School Programme, Vincent Massey School, 30pp. Evening Tour, Tops Group, 15pp. Dec 11: Christmas School Programme, Vincent Massey School, 30pp. Christmas School Programme, St. Elizabeth School, 29pp. Christmas School Programme, Vincent Massey School, 28pp. Dec 12: Saw our two doll houses on display at Black Creek Pioneer Village. They are nicely placed in the exhibit with appropriate credit given on the labels. Attended Christmas lunch at Bowmanville Senior Public School. Dec 15: Christmas School Programme, Vincent Massey School, 29pp. Christmas School Programme, Vincent Massey School, 30pp. Dec 16: Two researchers in to look up formation of Durham Region for anniversary. Tour, Good Luck Club, 15pp. Christmas School Programme, Vincent Massey School, 28pp. Dec 17: Christmas School Programme, St. Elizabeth School, 27pp. Christmas School Programme, Vincent Massey School, 28pp. Dec 18: Attended carol singing at Central School. Christmas School Programme, Vincent Massey School, 29pp. Christmas School Programme, Vincent Massey School, 30pp. Dec 19: Wedding Photos, 16pp. Dec 22: Clean up of Christmas decorations done by staff. Dec 23: Starting holidays until January 12'". Ellen will working during holidays. The Christmas School Programme could not have been done without our volunteers: Janet McGregor, Janet Rice, Dorothy Payne, Dorothy Taylor and Mary Ruth Moore, who all came in to play the piano for the school tours. Charles D. Taws Curator. Page 2... Curator's Dec/98 11 1997 1998 11 Adults 4 $8.00 Adults 10 $20.00 Family (1)4 $4.00 Family (1) 4 $4.00 Children 1 $1.00 Children 2 $2.00 Seniors 3 $3.00 Seniors 14 $14.00 ADMISSIONS 12 1 $16.00 ADMISSIONS 30 '` $40.00 DOOR DONATIONS $157.16 DOOR DONATIONS $176.98 UNPAID VISITORS 546 UNPAID VISITORS 758 MEMBERSHIP / WEDDING VISITORS T#TAL 297 BSSOTAT. MEMBERSHIP / WEDDING VISITORS AItTOBtkTE 421 1,2119' 6,312 i(EARTQDA"iE 4,411 COUNCIL INFORMATION MINUTESJAN 18 215 PH '99 DECEMBER 15,1998 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON MEMBERS PRESENT: REGRETS: ABSENT: ADOPTION OF MINUTES Janie Dodds Nancy Miller Simone Georges Jeff Brooks Councillor Jane Rowe Liaison: Isabel Little Les Jagoda, Mavis Carlton Linda Kiff Bill Paterson Victor Suppan David Jenkins Steven Cooke, Christopher Osbome I-5 98-43 Moved by Bill Paterson, seconded by Councillor Rowe, that the mingles of November 17 be adopted as circulated "CARRIED" BUSINESS ARISING FROM THE MINUTES List of Tradespeople Jeff reported that he had not prepared the letter to homeowners. He has contacted Markham, who is in the process of compiling a list for all of southern Ontario. He has also spoken with Ajax and Whitby. Janie suggested that Clarington homeowners still be contacted as it is good public relations for the LACAC, and our efforts should be locally based. Simone suggested that the Committee contribute to the Markham effort and that any listing provided by another municipality be verified to see if the tradespeople are still in business. Rules of Procedure Janie distributed Clarington's rules of procedure for committee meetings as provided to her by the Clerk's Department. She suggested that the committee review these as well as the document prepared by Jeff. Janie also suggested that the rules be analyzed at a later date when more of the Committee could be present, and when the entire group has the opportunity to review both Jeffs efforts and Clarington's standard. Councillor Rowe recommended that Jeffs submission be dealt with at.this meeting. By a show of hands, Jeffs rules of procedures were reviewed. LACAC Minutes December 15, 1998 Page 2 98-44 Section 2.2 Moved by Victor, seconded by Simone, to delete the word "whole" and add the words "including the Planning Liaison " after the word LACAC. MOTION "LOST' 98-45 Section 4.1 Moved by Victor, seconded by David to delete the words "within the municipality" "CARRIED" 98-46 Section 4.3 (a) Moved by Victor, seconded by Linda, to delete the word "written " "CARRIED" 98-47 Moved by Jc ,, seconded by Victor, to standardise the document for the use of the word "members" "CARRIED" 98-48 Section 4.3 (a) Moved by Councillor Rowe, seconded by David, to add "and Planning Liaison " after the word "nnemhers' "CARRIED" 98-49 Section 4.3 (e) Moved by Bill, seconded by David to delete the work "written" "CARRIED: 98-50 Section 4.3 (0 Moved by Bill, seconded by David to delete the word "written " and to end the sentence after "special meeting" "CARRIED" 98-51 Section 4.4 (a) Moved by Councillor Rowe, seconded by Jeff, to change "views" to "positions" "CARRIED" 98-52 Section 4.4 (b) Moved by Bill, seconded by Linda, to delete the words "in writing" "CARRIED" 98-53 Section 5 Moved by Victor, seconded by Linda, to add the word "appointed" before the word "hour" LACAC Minutes December 15, 1998 Page 3 "CARRIED" 98-54 Section 7.1 Moved by Jeff, seconded by Simone, to end the sentence at "Members " "CARRIED" 98-55 Section 7.2 Moved by Councillor Rowe, seconded by Bill, to delete the words "the recording Secretary shall record the names of the Members present mid" "CARRIED" 98-56 Section 8.1 Moved by Simone, seconded by Victor, to add the words "after municipal appointment" after the word LACAC to delete "of each year" mid add the words 'for a three year term " after the word "gfcer " in the first sentence "CARRIED" Given the lateness of the hour, it was suggested that the review of the proposed rules of procedure be tabled until January. 98-57 Moved by Bill, seconded by Linda that the LACAC continue with adoption of the rules in January. "CARRIED" A tentative meeting was set for 6:30 p.m. on January W' 1999. Members will be contacted to confirm the meeting location. Financial Report Linda reported that there is $4138.50 in the LACAC account. 98-58 Moved by Linda, seconded by Bill, that the financial report be accepted "CARRIED" Correspondence Janie reported that she had received a letter from John O'Toole, MPP. He had read the Ontario LACAC's petition in support of more funding for heritage preservation, and the need for adoption of a new Heritage Act in the legislature. Mr. O'Toole thanked the Committee for their support. LACAC Minutes December 15, 1998 Picture Boards Page 4 Janie and Isabel presented three frame comers and mat samples to the Committee for comment and approval. A quote from the Intowne Gallery for reframing of the Darlington picture board and complete framing of two new projects was also submitted. 98-59 Moved by Bill, seconded by Linda, that the quote be accepted and the picture boards be proceeded with as presented "CARRIED" Designations Janie suggested that the new members of the Committee pair up with experience members to seek out designations of properties. The following people volunteered to work together: Simone and Janie David, Nancy and Jeff Bill and Councillor Rowe Victor, Linda and Isabel Bowmanville Book Councillor Rowe requested to give a book report on behalf of the book committee. Janie would not accept a report as the book was not available for proof-reading as committed at the November meeting. Councillor Rowe presented the proposed cover depicting the original Bowmanville crest with an arrow used as underlining. Some discussion arose on whether or not an arrow was appropriate. No decision was made. 98-60 Moved by Simone, seconded by (7) that the final working draft of the content of the book be given to Planning for proofing by the LACAC when the book committee finishes proofrng the text. "CARR/ED (?) 11 Isabel reminded the Committee of the importance of the book's contents and that the book is representative not only of the LACAC but the Planning Department and Council as well. As Planning Liaison, she would like to have the opportunity to review the contents and to make changes if necessary. Janie asked Councillor Rowe what the Committee should do about their concerns over the content of the book. Councillor Rowe stated that the Committee is the publisher and that they had published the Clarke book for Phyllis Dewell. Janie clarified that Phyllis did the research for the Clarke book but it was proofed and edited by several members of the LACAC, and by the Planning Liaison prior to being published. LACAC Minutes December 15, 1998 Page 5 Simone asked if a degree of editorial latitude was available. Councillor Rowe stated that the pages are numbered and the formatting is done. The editorial group is working on revisions and are sensitive to the book's contents. Nancy noted that the glossary is not inputted, the maps have not been done, the drawings are not complete, and that the book is edited but not proofed. Meeting adjourned 11:26 p.m. NEXT REGULAR MEETING TUESDAY, JANUARY 19,1999,7:00 pm MEMORIAL LIBRARY NEWCASTLE VILLAGE COMMUNITY HALL 01/19/99 23:2Z:43 EST: ASSOCIATION OF?-> JAN -19-99 TUE 0553 PM AMO Member Communication 905 623 0030 Clerk - Municipality Page 002 COONCIL °T 716191 P. 01 I-13 Association of Municipalities ! 1 1. • of Ontario Univemit A I � rwt 1a) 71-9056YAvenue. Suite 1701 Toronto, ON MSG 1E6 Tei: (416) 971-9856 • fox: (476) 871.6191 IN email: amoQamo.munloam.=m Please ensure that copies of this are distributed to all Members of Council For Immediate Action January 19, 1999 Alert - 99/001 Important Bill 79 Regulations Released: Calculation of Capped Property Taxes Issue: The regulation that provides the method of calculating assessment reform -related amounts that are subject to the 10 per cent cap on tax increases has been released. Facts: Ontario Regulation 7/99 This regulation, signed January 13, 1999, contains a series of calculations that municipalities must use to determine the amount of property tax increases that must be capped for commercial, industrial and multi - residential properties. The 10 per cent cap on Increases in 1998 only applies to the assessment reform - related portion of tax increases. Any portion of a tax increase that is due to municipal budgetary increases, including changes arising from municipal restructuring or commerciaVindustrial education rates, are not subject to the cap. The regulation is complex, involving a series of calculations that must be performed for each property in the commercial/industrial or multi -residential tax classes. The calculation used to determine the'reform-related' component of municipal tax increases uses a municipality's actual 1997 and 1998 tax rates, and 1998 education tax rates for each tax class, including sub -classes such as office buildings, shopping centres, etc. The regulation also includes a method of determining a property -by -property amount to reflect the provincial commercial -industrial education tax cut that was announced in the 1998 provincial budget. These tax cuts only apply in municipalities where the commercial or industrial education tax rate is higher than the provincial average of 3.3 per cent. Specific calculations are required for restructured municipalities and other special cases. These will be the subject of another regulation expected soon. For details and further assistance, the Ministry of Finance is in the process of developing guidelines and a spreadsheet model to allow municipalities to work through the calculations. This will be available from the Ministry of Finance's website at http://www,gov.on.ca/FIN/hmpage.htmi by January 19. OPTA Calculations The Ministry of Municipal Affairs & Housing is updating the On-line Property Taxation Analysis (OPTA) software package to calculate capped tax amounts, and revised taxes payable on a property -by -properly basis. This will allow municipalities to re -issue final 1998 tax bills, or to include an adjustment amount on interim 1999 tax notices. Municipalities must, however, enter their 1998 tax rate information into the OPTA system before these calculations can be performed. 12 81/19/99 23:23:29 EST; BSSOCIBTIOM OF?-> 905 623 8830 Clerk - Municipality Page 803 JAN -19-99 TUE 05:54 PN AMO FAX N0, 4169716191 P. 02 Member Communication Alert 6nportant Bill 79 Regulations Released: Calculation of Capped Properiy Taxes The OPTA system will produce a one-page summary for each affected property, showing initial 1998 taxes payable, and the adjusted, or capped amounts, together with a revised 1998 amount payable. it Is expected that the OPTA system will not be operational to produce these summaries until after January 31. The Ministry of Finance Is in the process of drafting a regulation that will require that this one-page summary form an attachment that must be Included with municipal tax notices mailed in 1999. Payments In Lieu As promised by Finance Minister Ernie Eves at AMD's Annual conference, a second regulation, O.Reg. 6/99, was signed that allows payments in lieu of taxes to be made for property that is tenanted by the provincial government or a Crown agency in non-taxable buildings such as those leased from a municipality or the federal government. The Government estimates that municipalities will receive $25 million annually as a result. Extension of Deadline to file Occupancy Status Reports for Commercial Tenancies The Minister of Finance passed a regulation on January 13, 1999 (O.Reg 8199) which extends the deadline by which businesses must notify the Ministry of Finance of the number of vacant units within taxable properties. The previous deadline was October 31, 1998. The revised deadline is February 28, 1999. Where no vacancy status report is filed by the given deadline, the property is returned on the assessment roll for the following year as fully occupied (i.e. subject to full commercial rates on all units). By extending this deadline to February 1999, commercial landlords who did not previously submit vacancy status reports by the deadline can now do so. Municipalities, as a result, stand to lose a large percentage of these anticipated increases in 1999 tax revenue. Important Requirement for Municipalities to Pass By-laws Adopting Capping Provisions The current deadline bywhich municipalities must pass by-laws opting for either the capping provisions of Bill 79, or to adopt earlier tax mitigation measures (phase-in, tiered rates) Is January 31 It, 1999. It Is important to note that all municipalities must pass by-laws by this deadline in order to implement the capping provisions of Bill 79 that will allow tax increases to be financed by using clawbacks from property owners expecting decreases (Division B provisions in O.Reg.7/99). The default provision (Division C) does not allow caps to be recovered from clawbacks. Status: Regulation 7/99 is available from the Ministry of Finance's website at http://www.gov.on.ca/FIN/english/neweng.htm,orto subscribers toAMO'sMunicomsite. AMO will advise members of additional regulations as they become available. This Information is available through AMOs MUNICOM network at www.municom.com, For more Information contact: Casey Brendon, Policy Advisor, Policy and Government Relations at 416 971.9856 ext. 34/ or email: ebrendon@amo.municom.com Transmission problems: Carleen Newland at 416.971.9856 ext. 300 COUNCIL DIRECTION H TORONTO City Clerk's City Hall, 2nd Floor West 100 Queen Street West Toronto, Ontario MSH 2N2 January 4, 1999 ALL MUNICIPALITIES IN THE GREATER TORONTO AREA: D-1 Novina Wong City Clerk Tel: (416)392-8016 Fax: 14161392-2980 derk@6 y.tl5l=o.onoa hitp://ww !Ky.toronto.onxa W On December 16 and 17, 1998, City Council had before it Clause No. 21 of Report No. 26 of The Strategic Policies and Priorities Committee, headed "Payment in Lieu of Taxes for Provincial and Federal Buildings". Council adopted this Clause, without amendment, and in so doing took the following action: (1) requested the Provincial Government to approve legislation to increase the "head and bed" rate allowed in Section 157 of the Municipal Act from $75.00 to $208.50; (2) requested the Association of Municipalities of Ontario (AMO) to pursue Recommendation No. (1) with the Province of Ontario; and (3) requested all GTA municipalities to endorse Recommendation No. (1). J. A. Abrams/csb Encl. Clause sent to: Minister of Municipal Affairs and Housing, Province of Ontario ... Executive Director, Association of Municipalities of Ontario All Municipalities in the Greater Toronto Area c: Chief Financial Officer and Treasurer Assessment and Tax Policy Task Force ToRoffm CITY CLERK Clause embodied in Report No. 26 of the Strategic Policies and Priorities Committee, as adopted by the Council of the City of Toronto at its meeting held on December 16 and 17, 1998. 21 Payment in Lieu of Taxes for Provincial and Federal Buildings (City Council on December 16 and 17, 1998, adopted this Clause, without amendment.) The Strategic Policies and Priorities Committee recommends the adoption of the recommendations of the Assessment and Tax Policy Task Force contained in the following communication (December 2, 1998) from the City Clerk: Recommendation: The Assessment and Tax Policy Task Force recommends that the report (November 13, 1998) from the Chief Financial Officer and Treasurer be amended by deleting the word "legislation" and inserting the word "regulation" in Recommendation No. (1), and that the report, as amended, be adopted. The Assessment and Tax Policy Task Force on November 20, 1998, had before it a report (November 13, 1998) from the Chief Financial Officer and Treasurer respecting Utilisation Of Assessment Times' Rate As An Alternative To The Method Prescribed In Section 157 of the Municipal Act For Calculation Of Payments In Lieu Of Taxes, and recommending that: "(1) Council request the Provincial Government to approve legislation to increase the "head and bed" rate allowed in Section 157 of the Municipal Act from $75.00 to $208.50; (2) the Association of Municipalities of Ontario (AMO) be requested to pursue recommendation 1 with the Province of Ontario; and (3) all GTA municipalities be requested to endorse recommendation 1." The Assessment and Tax Policy Task Force on November 20, 1998, also had before it the following communications/reports: (a) (September 30, 1998) from Councillor Saundercook requesting the Task Force to review the matter of payment in lieu of taxes for provincial and federal buildings; and (b) (October 9, 1998) from the City Clerk forwarding Council's action of October 1 and 2, 1998. - The Task Force requested the Chief Financial Officer and Treasurer to compile a comprehensive list of the Federal and Provincial properties that would be affected in the City of Toronto and report back to the Task Force. The Task Force's recommendation is noted above. (Report dated November 13, 1998, addressed to the Assessment and Tax Policy Task Force from the Chief Financial Officer and Treasurer) To provide information regarding the 1997 levy for public hospitals, universities and college and correctional institutions in the City of Toronto. Financial Implications: If a standard assessment times residential tax rate were calculated, City PIL's would increase by $17.6 million. If the existing head & bed rate was increased to $208.50, the City's PIL's would increase by $17.6 million. Recommendation: It is recommended that: (1) Council request the Provincial government to approve legislation to increase the "head and bed". rate allowed in Section 157 of the Municipal Act from $75.00 to $208.50; (2) That the Association of Municipalities of Ontario (AMO) be requested to pursue recommendation 1 with the Province of Ontario; and (3) That all GTA municipalities be requested to endorse Recommendation No. (1). Discussion: Under the Assessment Act, universities, colleges of applied arts and technology, correctional institution, public hospitals, mental health facilities, and Provincial education institutions are exempt from paying property tax. However, Section 157 of the Municipal Act, allows municipalities to annually levy up to a maximum of $75.00 to each provincially rated hospital 3 bed (public hospitals); $75.00 for each full time student (universities & colleges); and $75.00 for each resident place (correctional institutions). The capacity figures for these institutions which are used by the municipalities for this levy, are determined by the Province and forwarded to municipalities by the Ministry of Municipal Affairs. The grants are paid by the Provincial Government. The rates are specified in the Municipal Act, and were most recently changed from $50.00 to $75.00 in 1987. Each year, the Minister of Municipal Affairs and Housing provides to the City updated capacity data for institutions designated under Section 157 of the Municipal Act. In 1998, the amount of tax and PIL generated for the City by this calculation is $9.8 million. The City normally receives payment for all of the amounts levied under Section 157. If the City were able to use a standard assessment times tax rate calculation, the amount of tax generated would be substantially different. If the exempt assessment were considered residential, and were multiplied by the City's portion of the tax rate, the amount generated for 1998 would have been $27.4 million. Appendix 1 compares the amount received as a payment in -lieu of taxes to what the actual taxes on the property could be using the current value assessment times the city's portion of the residential tax rate. In order to generate an equivalent amount of tax and PIL under the "heads & beds" formula, the current rate of $75.00 would have to be increased to $208.50. Changing the "head and bed" formula to an assessment -based calculation would require legislation amendments to both the Assessment Act and Municipal Act. A change to the "head bed" rate allowed under Section 157 of the Municipal Act requires an amendment to the Municipal Act. Conclusion: The amount of tax and PIL generated for the City under the current provisions of Section 157 of the Municipal Act is only 36 percent of the amount the City would levy if a standard "assessment" times "tax rate" calculation were used. If the exempt assessment were considered residential, and were multiplied by the City's portion of the tax rate, the amount generated for 1998 would have been $27.4 million (compared to the $9.8 million generated using the $75.00 "head and bed" rate). In order to generate an equivalent amount of tax and PIL under the "heads & beds" formula, it is recommended the Provincial government be requested to increase the current "head and bed" rate of $75.00 to $208.50. Contact Name: Bob Ripley, Manager, Accounting, Financial Billings & Meter Services, (416) 395-6730; Fax (416) 395-6703, Internet Email Address:bripley@city.toronto.on.ca. e c a - e v c n m w«« w w w«« w« w w w«« o m n o m c o 0 0 � c w w « w « « « « w « « « « « w _ � W p T h W e O T c¢¢ Y Cs << U m U ym t U m 6 U c 0 K 0 C 0 c O c O F- K O s¢ O ~ C � N N B ^ 4 4 ^ 4 4- 4 4 4 0 T 4 4 4 4 4 4 9 4 - 4 4__ o — s e U❑ 5 I 7 5 U U m _ b U 8 C v C air, IU C¢ M c w w «« w V n w « C « w w m w w S4 5 Ul 4 �o 6 � l � 5 c C i 6 V a c a o Q c o e o t• O G ¢ C x ¢ �' V W ` G T G T c T G Y o o 0 u 4 = p p C m O O G C W z z z z u 4 4 4 4 44 4 4 4 4 4 ° g V T AAT T a i 4 4 4 4 4 _ 4 4 4 4 4 e = 4 44—- 5 U U _ b U 8 v The Strategic Policies and Priorities Committee also had before it the following communications/reports which were forwarded to all Members of Council with the agenda of the Strategic Policies and Priorities Committee for its meeting on December 15, 1998, and copies thereof are on file in the office of the City Clerk: (September 30, 1998) from Councillor Saundercook requesting the Task Force to review the matter of payment in lieu of taxes for provincial and federal buildings; and (October 9, 1998) from the City Clerk forwarding Council's action of October 1 and 2, 1998. MUNICIPALITY OF Olaringlon _ REPORT #1 ONTARIO REPORT TO COUNCIL MEETING OF JANUARY 25, 1999 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANAURY 18, 1999 1. RECEIVED FOR INFORMATION a) Report PD -10-99 - Semi -Annual Report on Site Plan Activities b) Report FD -1-99 - Monthly Fire Report - December, 1998 c) Report FD -3-99 - Emergency Planning Update d) Report CS -1-99 - Canada World Youth Exchange Program Russia/Ontario 1998 e) Report CS -2-99 - Aquatic Program Statistics f) Report CS -3-99 - Pre -Teen Dances g) Report WD -2-99 - Monthly Report on Building Permit Activity for December, 1998 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION a) Report TR -3-99 - The Replacement of Existing Telephone and Voice Mail Systems b) Individuals appointed to the Low Level Radioactive Waste Committee: Barbara Humphrey, Jean Payne, Sarwan Sahota, Jon A. Sigurdson, John Stephenson and Harvey Thompson CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET •6OWMANVILLE-ONTARIO • L 1 C 3A6• I905I 62333)9• FAX 623-4169 RECYCLED PAPE Retort #1 - 2 - January 25, 1999 3. CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS, DAVE PASSANT ON BEHALF OF JOHN AND GERALDINE FIALKA, PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF CLARKE, 4504 AND 4460 REGIONAL ROAD 18 THAT Report PD -8-99 be received; THAT the applications filed by Dave Passant, on behalf of John and Geraldine Fialka, to amend the Clarington Official Plan and the Zoning By-law be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PD -8-99 and any delegations be advised of Council's decision. 4. AMENDMENT TO CONDITIONS OF DRAFT PLAN APPROVAL FOR REVISED DRAFT PLAN OF SUBDIVISION, 18T-97002, TAUNTON TERRACE LIMITED, PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON, TOWNLINE ROAD, COURTICE THAT Report PD -9-99 be received; THAT the application for an amendment to conditions of draft plan approval for a revised draft plan of subdivision submitted by Taunton Terrace Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all the comments reviewed; THAT within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: • That the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; • A copy of the minutes of the said meeting; • A copy of all written submissions received by the Municipality; • A list of all persons and public bodies, including their mailing addresses, that made oral submissions at the public meeting or written submissions; and • A copy of the report and the Council decision THAT all interested parties listed in Report PD -9-99 and any delegations be advised of Council's decision. Report #1 - 3 - January 25, 1999 5. APPLICATION FOR THE ADVANCE FUNDING PROGRAM - ONTARIO LOTTERY CORPORATION THAT Report CD -3-99 be tabled to the Council Meeting scheduled for January 25, 1999. 6. ANIMAL SERVICES MONTHLY REPORT FO THE MONTH OF DECEMBER 1998 THAT Report CD -4-99 be received for information; and THAT a copy of Report CD -4-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 7. PARKING ENFORCEMENT REPORT FOR THE MONTH OF DECEMBER, 1998 THAT Report CD -5-99 be received for information; and THAT a copy of Report CD -5-99 be forwarded to the Bowmanville Business Centre for their information. 8. ADDENDUM TO REPORT FD -8-98 - NUMBERING OF RURAL PROPERTIES THAT Report FD -2-99 Addendum to Report FD -8-98 be received; THAT the Rural House Property Address Identification Program be implemented in the spring of 1999; and THAT the cost related to the Rural House Property Address Identification Program be referred to the 1999 budget discussions. 9. REQUEST FOR SNOW PLOUGHING SERVICE FOR CANADIAN PACIFIC RAILWAY LANEWAY, VICTORIA STEPHENSON, 10291 OLD SCUGOG THAT Report WD -1-99 be received; THAT the request for snow ploughing service on the laneway owned by Canadian Pacific Railway serving the property at 10291 Old Scugog Road, be denied; and THAT Victoria Stephenson be advised of Council's decision. Report #1 - 4 - January 25, 1999 10. STORMWATER RUNOFF CONCERNS OF MR. GEORGE BELLMAN 247 MEARNS AVENUCE, BOWMANVILLE THAT Report WD -3-99 be received; THAT staff meet with the owner of the Mearns II subdivision, (Plan 18T-89064) and resolve Mr. Bellman's stormwater runoff concerns by the owner installing interim remedial stormwater management works to control the rate of runoff from their lands; and THAT a copy of Report WD -3-99 be forwarded to Mr. George Bellman, to the Central Lake Ontario Conservation Authority, and to the owner of the Mearns II subdivision lands (Plan 18T-89064), and that Mr. Bellman be advised of Council's decision in writing. 11. LEVEL OF SERVICE ON COBBLEDICK STREET, ORONO THAT Report WD -4-99 be received; and THAT staff be directed to provide a level of service to Cobbledick Street in Orono, consistent throughout Clarington, and as recommend in Report WD -4-99. 12. TRANSFER STATION - PUBLIC TIPPING SERVICES THAT Report WD -5-99 be received; THAT the request of Canadian Waste to allow the public to drop off non -hazardous waste at the transfer station be approved; THAT the rate per tonne to be charged to the general public by Canadian Waste be consistent with the Region of Durham policy in place at their transfer and disposal sites, with the exception that a minimum fee of $7.00 per vehicle be charged; THAT the Municipality of Clarington shall receive the royalty presently in place for Non -Hazardous Waste, and that the royalty for public drop-off for the site be reviewed and reported back to Council by the Director of Public Works, prior to December 31, 1999; THAT the current agreement be amended to permit drop-off and to provide for the payment of the royalty for this service; Report #1 - 5 - January 25, 1999 THAT the Mayor and Clerk be authorized to execute the amendment to the agreement dated January 2, 1998; and THAT the appropriate by-law be forwarded to Council. 13. DELEGATION OF NANCY SCOTT, BIG BROTHERS OF CLARINGTON REGARDING ADVANCED FUNDING PROGRAM THAT the delegation of Nancy Scott, Big Brothers of Clarington, be received with appreciation. 14. DELEGATION OF JOHN O'TOOLE, M.P.P., DURHAM EAST THAT the delegation of John O'Toole, M.P.P., Durham East be received with appreciation. 15. CONFIDENTIAL REPORT ADMIN -2-99 AND CD -6-99 THAT the actions taken at the "closed" meeting be ratified. REPORT lit THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON R1 'S. Meeting: COUNCIL File # Date: JANUARY 25, 1999 Res. # Report No.: WD -06-99 By -Law # Subject: DELEGATION TO COUNCIL OF PETER FALCONERI JANUARY 11, 1999 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report WD -06-99 be received for information; and 2. THAT Peter Falconeri be provided with a copy of this report and advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Mr. Peter Falconeri's presentation to Council, January 11, 1999 No. 2 Building Division's Interpretation: NFPA 96 Ventilation Requirements for Commercial Pizza and Baking Ovens 2.0 REVIEW AND COMMENT 2.1 In early summer of 1998, the Building Inspector for the Municipality attended the property formerly known as Hampton Gardens to investigate the construction and conversion of a unit from a vacant condition to a take-out pizza restaurant. He informed the owner by way of a Building Note that a Building Permit was required for the renovations and instructed the owner to come in to the Municipal Administration Centre for more information. 2.2 Shortly after the Inspector had visited the property, the building owner, Debbie Tafertshoffer, came in to inquire about the requirements for Building Permit. At that REPORT NO.: WD -06-99 PAGE 2 time, staff from the Planning Department and the Building Department outlined the requirements and identified a number of issues that needed to be resolved before a Building Permit could be issued. 2.3 During the summer months, Mr. and Mrs. Falconeri, the tenants, came in on numerous occasions to try to resolve some of the issues with staff. During one of those discussions, Mr. Falconeri was informed by staff of the need to make changes to the construction (in progress without a Building Permit), including the requirement to install a specialized ventilation hood and fixed extinguishing system in accordance with the requirements of National Fire Protection Association Standard 96 (NFPA 96). 2.4 On August 14, 1998, Mrs. Falconeri made an application for Building Permit, complete with plans that conformed to the Ontario Building Code. Sometime after this date, after providing building designs that included a NFPA 96 hood and extinguishing system, Mr. Falconeri began to question the requirement for a specialized system, even citing other locations within the municipality where the hoods had not been installed. In an effort to confirm the 1997 (Revised) Ontario Building Code requirements, staff contacted the Buildings Branch of the Ministry of Housing for assistance in interpreting the requirements. (The Building Division had a number of other Building Permit applications at that same time, that also showed the need for the ventilation hood and extinguishing system, and the permit applicants also questioned the need.) The Buildings Branch advised that a complete ventilation system with a fixed fire extinguishing system was required. On August 19, 1998, Mrs. Tafertshoffer was informed that a Building Permit was available subject to approval from the Health Department. 2.5 On September 14, 1998, the Region of Durham Health Department issued a letter denying approval for the expansion of the unit due to concerns that the proposed use would exceed the capacity of the existing septic system. After finding out that the Health Department would not issue a Permit, Mr. Falconeri came to the Municipal Administration Centre demanding that we allow him to proceed with construction. Mr. Falconeri had been told by numerous staff, on numerous occasions, that this issue had to be resolved with the Health Department, but he persisted in making complaints to REPORT NO.: WD -06-99 PAGE 3 Members of Council, staff and others, that the Municipality was being unfair. During this entire dialog, Mr. Falconeri did not request that the Municipality reconsider design requirements of the hood and extinguishing system. 2.6 On November 2, 1998, the Building Permit was issued after outstanding issues with the Health Department had been resolved. The issuance of the Permit included a design provided by Mr. Falconeri's professional engineers, for a functional NFPA 96 hood and extinguishing system. 2.7 On December 14, 1998, the Building Inspector attended the property to conduct a review of the construction, and identified that a hood and extinguishing system had not been installed in accordance with the approved drawings issued for Building Permit. Since that time, the Building Inspector has withheld final approval and prohibited occupancy pending the installation of the ventilation system. 2.8 In the past couple of weeks, Mr. Falconeri has raised the same arguments that he raised in the fall in an effort to avoid installing the hood and extinguishing system and avoid complying with the Ontario Building Code and the approved drawings. 3.0 NFPA 96 AND ONTARIO BUILDING CODE REQUIREMENTS 3.1 Building Codes are pre-emptive prescriptions for construction to ensure the health and safety of building occupants and for property protection. Fire Codes, on the other hand, are maintenance standards intended to maintain the level of safety provided in the construction, while recognizing that a condition may have pre-existed or may have been permitted when the building was constructed. Building Codes change over the years in attempts to increase the level of safety and property protection through known methods. Through the evolution of construction methods and techniques, the public (including the greatest driving force, the Insurance Industry) have expectations that the building will provide minimum levels of safety and property protection in response to hazards that may be present in the operation of the building. It is for this reason, staff believe, that the Ontario Building Code has increased the requirements over the years, for ventilation systems serving commercial cooking equipment. REPORT NO.: WD -06-99 PAGE 4 3.2 Since 1990 the Building Division has questioned the requirements to install specialized hoods and extinguishing system over commercial ovens. The 1990 Building Code indicated that a hood was required over "SOME" commercial cooking equipment but did not provide any specific exemptions. Discussions with the Buildings Branch of the Ministry of Housing over a number of years did not offer any help in resolving the interpretation issues. On many occasions, one Building Code Advisor contradicted the other. It was apparent that there was a lot of confusion to the applicability of NFPA 96 Hoods and Fire Protection systems under the 1990 Ontario Building Code. In each application the Buildings Plans Examiner has had to examine and question the requirements of applying this standard. The most difficult of conditions concerned the application of baking versus pizza ovens. 3.3 The previous Chief Building Official had taken the position that a hood was required explicitly in accordance with the Ontario Building Code and NFPA 96 in all circumstances. Reviewing the files of many permits issued for similar installations, shows through their examination of the plans, that the Fire Department also required hoods to conform with NFPA 96. To be fair to the permit applicants, in recent years, the Building Division has agreed to review the requirements on a case by case basis, but the end result has been that a hood has been required in the majority of situations. 3.4 In July of 1998, the 1997 Ontario Building Code came into force and effect. In this revision the article that identifies the need for a hood and extinguishing system was modified slightly to state that "ALL" commercial cooking equipment required a ventilation system designed and installed in conformance with NFPA 96 "Ventilation Control and Fire Protection of Commercial Cooking Operations". Again, the Buildings Branch was contacted to confirm that the word "ALL" meant that every commercial appliance from boilers to microwaves required this type of ventilation system. The Code Advisor at the Ministry of Housing offered an interpretation summarized as follows: There is no question that the Building Code requires all commercial cooking equipment to be provided with an exhaust system conforming to NFPA 96 If, however, the products that are going to be cooked or baked in the ovens can be wholly predicted and limited, REPORT NO.: WD -06-99 PAGE then it would seem reasonable to relieve the applicant from providing a hood. This might be the case if the baking was restricted to breads, rolls and like products. However, once the oven is installed it would be impossible to control what the ovens will be used for, and thus the Building Code must take the position of requiring a hood and extinguishing system for all situations. If the Chief Building Official is to waive, in part or in whole, the requirements in 1VFPA 96, then he must be sure that the list ofproducts is limited. He could do this by requesting a list from the applicant, identifying the specific goods to be produced, and then requiring that an agreement be made between the Municipality and the applicant. The enforcement of such an agreement would then become the responsibility of the Fire Department once the building is complete. On the basis of this discussion, the Building Division has taken the position that the designs for a ventilation and fire protection system must be included in the building plans submitted for Building Permit, unless the applicant can establish that limited products are being processed. Pizza ovens, however, do not, in the Branch's opinion or in the Building Division's interpretation, fall into this category of goods. The Building Division now has an interpretation that they will use for all future installations that is consistent with the Building Branch's interpretation. 3.5 While the Building Division is sympathetic of the expense of requesting that Mr. Falconeri install the hood, we cannot, in any legal sense offer him any relief. To our knowledge, Mr. Falconeri has not been able to convince the Buildings Branch of his position. An attempt to get the Fire service involved is, in our opinion, irrelevant, as Fire Departments operate under the Fire Code. Even though the Fire Code does offer some discretionary authority to the Fire Inspector, when reviewing existing conditions, this discretionary authority does not extend to over -ruling the requirements or interpretation of the Ontario Building Code. 3.6 As of January 6, 1999, the Building Division had received an alternate design for a ventilation system, prepared by Mr. Falconeri's profession engineer. This design is currently under review. To date, the submissions made by Mr. Falconeri's engineer have REPORT NO.: WD -06-99 PAGE 6 been by facsimile and staff are currently awaiting a complete submission of drawings before authorizing the alternate design. 3.7 On January 8, 1999, Mr. Falconeri met with our Plans Examiner to discuss some new information that he had received. Included in the information was a formal interpretation of NFPA 96, which said that certain ovens involved in processes that produced no grease - laden vapours could be exempted from providing fire -extinguishing equipment. However, in reviewing the information it became clear that the interpretation originated in 1978 based on the 1976 issue of NFPA 96. Given that the interpretation was based on a document 23 years old, we could not rely on the assumption that it applied to the current NFPA 96, 1994 Edition. Mr. Falconeri was informed that if he could have the interpretation re -issued based on the 1994 Edition, that the Building Division would review our interpretation. Mr. Falconeri stated that this would not be possible since the interpretation was issued "long ago" in a newsletter issued by the National Fire Protection Association. It should be noted that during this meeting, Mr. Falconeri offered that the ovens in question will be used for the cooking / re -heating of chicken wings, in addition to pizza and other possible food items. Although this information had not been offered to the Building Division until now, it enforces the Building Branch's concerns about not being able to limit what is cooked in the ovens once the Building Permit has been finalized. Other information that he provided shows that in the Appendix A-8-3.1of NFPA 96, it is clear that it is intended that pizza ovens be provided with hoods (annual inspection and cleaning required). 3.8 As this is an Ontario Building Code issue, Mr. Falconeri has one option that he was informed of in the early stages of our discussions. He could apply to the Building Code Commission for an interpretation and determination of sufficiency of compliance as provided in the Building Code Act. We are told that the Building Code Advisors at the Buildings Branch gave him this same advice. In our meeting of January 8, 1999, Mr. Falconeri stated that he would be seeking an interpretation and formal hearing of the Building Code Commission and it was his REPORT NO.: WD -06-99 PAGE 7 intention to apply during the week of January 11 - 15, 1999. We would encourage and welcome Mr. Falconeri to apply to the Building Code Commission for a hearing. Once the Commission makes a decision, the interpretation in this situation will be very clear. 4.0 MR. FALCONERPS COMMENTS AND ISSUES 4.1 In his presentation to Council, Mr. Falconeri's raises a number of issues that need to be clarified. In many examples provided to Council, Mr. Falconeri cites various locations where systems have been installed, partially installed or not installed in accordance with NFPA 96. Prior to the 1990 Ontario Building Code, there were no specific requirements for the installation of NFPA 96 ventilation systems. The Building Code simply provided that where such systems were provided, then they should conform to the requirements of NFPA 96. In the 1990 Ontario Building Code, the requirements became more restrictive by requiring NFPA 96 ventilation systems on "SOME" appliances but not specifically exempting any individual appliance. The 1997 Ontario Building Code clearly defines that specialized ventilation and fire suppression systems are required for "ALL" commercial cooking equipment. Staffs experience and attention to the requirements has also evolved with each revision to the Building Code. In reviewing the list provided by Mr. Falconeri, staff are satisfied that each installation reasonably conformed to the requirements, at the time that the equipment was installed. Where Inspection Records are readily available, there does not appear to be any concern with the installations of the commercial cooking equipment or the ventilation systems during the construction of the building. Appropriate action has been taken where there was a belief that the Permit Drawings intended full compliance with NFPA 96 requirements and the installation was not completed. Through examination of the list provided, it appears that, in some instances, some of the equipment may have been removed or relocated within the building. However, the Fire Department, through their regular inspections of the premises, appears to be satisfied that the installations maintain the level of safety prescribed by the Fire Code. Any corrective measures that may be required in any of the examples, are assigned as a Fire Department responsibility to follow up. REPORT NO.: WD -06-99 PAGE 8 5.0 CONCLUSION 5.1 After considerable research into the subject of ventilation and fire protection equipment for commercial ovens, it is the opinion of the Building Division that hoods and extinguishing systems need to be provided. 5.2 Since it is clear that Mr. Falconeri has not met the criteria of the Building Division's interpretation, we are not in a position to vary or over -rule the requirements of the Ontario Building Code. We must request that he conform with the approved plans issued for permit or provide an alternate design that satisfies the same criteria. 5.3 Since Mr. Falconeri disagrees with our position, he has the option of requesting a hearing with the Building Code Commission for a final determination of the technical requirements of the Ontario Building Code and NFPA 96. We should encourage him to seek this resolve. Respectfully submitted, Stephen X. Vokes, P. Eng., Director of Public Works GP*SAV*ce 18/01/99 Pc: Peter Falconeri 251 Townline Road North Courtice, ON LIE 2J3 Reviewed by, Franklin Wu, Chief Administrative Officer Municipality of Clarington Building Department Town Hall 40 Temperance St. Bowmanville, Ontario Peter Falconeri 251 Townline Rd. N. Counice. Ontario LIE -2J3 Madam Mayor and Members of Council, The members of this community shou'd be cautious for their lives and well being when entering a eating establishment. This is a bold statement to make and I will try to convince this council that somethin.; should be done to regulate some type of conformity in the eating establishments of this Municipality and maintain secure steps from loss of life and personal property by ensuring that proper fire prevention regulations are enforced. A few months ago I had an idea to open up a pizza place in Hampton. Since I never operated a pizza place before I needed to know some of the equipment I would need. In order to determine this I went around to all of the pizza places within our Municipality. I made notes and a list of things I saw that would make my business like theirs. The list was general. Ovens, prep tables, coolers, etc. When I submitted my plans to the Building Dept. they indicated that the O.B.C. in section 6.2.2.6. warranted a Canopy, Ventilation System and Suppression System over my pizza ovens. I was in shock and here's why. I expressed my concerns that the other Pizza Places within the Municipality did not have these systems installed. I indicated to them that some of these eating establishments had none of these systems and some had part. Why do I have to put in all three. They indicated to me that after they sign off on a project it is up to the Fire Prevention Office of the Fire Dept. to enforce and inspect these establishments and determine if there is a need for these systems. I mentioned east Side Mario's in Bowmanville. Here was a eating establishment that had just opened and had none of these systems. Again, why should I have to install these systems when a business that has just opened 16 months ago doesn't have to install them. You are making me install these systems but yet East Side Mario's doesn't? East Side Mario's is open for business! The Building Dept. passed them. The Fire Dept. passed them. Didn't they have to fall to 6.2.2.6. of the O.B.C.? How did they get approval? Why did the Municipal Building Inspector let them pass and not me at my building inspection? The Ontario Building Code section 6.2.2.6. refers to a American Document called the NFPA 96 Standard. This standard deals with the installation of Hoods, Ventilation Systems, and Suppression Systems over All commercial cooking equipment producing grease laden vapors. The Ontario Fire Code also refers to this Standard in section 2.6.1.12.(1). ATTACHMENT NO.: 1 REPORT NO.: WD -06-91 Your Municipality is enforcing the requirement of these systems in a new construction of a eating establishment under 6.2.2.6 of the O.B.C., East Side Mario's being a new construction did not require them. Any eating establishments that have existed prior to these codes are the responsibility of the Fire Prevention Dept. I understand the N.F.P.A. 96 Standard has been around a very long time. Before most of the eating establishments in question. By making me install these systems and others not you are telling me that you are putting patrons at a great risk if they choose to eat at a establishment that does not house these systems. If it is such a preventative step to ensure safety in case of fire in my business then one must assume it would apply to all? You want my new place to be safe from fire but the others not? For the older establishments maybe the Building Dept. of that time either didn't enforce NFPA 96 or the Fire Prevention Office never ensured there prevention. The O.B.C. refers to the N.F.P.A. 96 Standard in new construction of eating establishments and the Fire Prevention Office has to enforce that Standard after the business is operating. This is not being done here in this Municipality of Clarington. I clearly received the impression that these systems were not needed in my business because numerous other eating establishments in this same Municipality never had them installed. Where is the Fire Prevention Office in all this? How did I get the impression that these systems were not needed in my business? I will tell you how. By example. By looking at the others in my community. If I am putting myself, my employees, and my patrons at risk by not having these systems in place then are not these other eating establishments putting their lives, employees and patrons at risk? Why isn't the Fire Prevention Office going around and ensuring the safety of patrons? Are you saying that if a fire breaks out in one of these establishments and people die, that the Fire Prevention Office is clear from responsibility? Or better yet, the Municipality is clear? East Side Mario's has to hold more than 100 people. Yet, they have a oven just like mine with none of these systems in place. Are you not saying to me that all the patrons that eat in East Side Mario's on any given day are not at risk to a life threatening fire because their ovens are not systemized? East Side Mario's makes a lot of Pizza. Those ovens are pumping out dough. Some of the other eating establishments within our Municipality also do not have these systems. When I questioned them to your Building Dept. they informed me that they had never issued any building permits to these establishments. Nothing was on file. Here we have eating establishments in operation with no inspections, permits and fire prevention in place. Because they just appeared from thin air and nobody complained to their existence they continue to operate. Why hasn't the fire Prevention Office approached these places? Why aren't questions being asked as to how these eating establishments appear? I would like to know what you are going to do about this. Do you not think that the community needs to know what eating establishments are safe and which ones are not? Do the members of the community have to take unnecessary chances when choosing a place to eat? It doesn't seem fair. In Bill 84 of the Ontario Fire Code, Part VI, Section 21, Sentence 1, it states the following: 21. (1) An inspector who has carried out an inspection of land or premises under section 19 or 20 may order the owner or occupant of the land or premises to take any measure necessary to ensure fire safety on the land and premises and may for that purpose order the occupant, (a) to remove buildings or structures from the land or premises; (b) to make structural and other repairs or alterations, including material alterations, to the buildings or structures; (c) to remove combustible or explosive material or any thing that may constitute a fire hazard; (d) to install and use specified equipment or devices as may be necessary to contain hazardous material on the land or premises and, in the event of a fire, to remove or transport the material; (e) to discontinue the manufacturing, production or fabrication of any material, device or other thing that creates or poses a undue risk of fire or explosion; (0 to do any thing respecting fire safety including anything relating to the containment of a possible fire, means of egress, fire alarms and detection, fire suppression and the preparation of a fire safety plan; (g) to remedy any contravention of the fire code. Why hasn't the Fire Prevention Office visited these eating establishments. Here is a list of some known eating establishments in our Municipality. Some have these systems and others do not. Some have part or none of the systems. Some are known to the Municipality by Permits and others are not? Do you not find this unconformity to be in contradiction to what I seem to have to go through? It seems that I am not getting clear answers from any officials that I talk to. A new Pizza Place opened in Oshawa with only 2 of the necessary 3 systems. The one system missing was Suppression. Not having to install that system saved the owner I would say $3,000.00. These systems are not cheap. I called Oshawa Building Dept to find out why Oshawa can administer the O.B.C. differently than Clarington. They indicated to me that the way they do it is all Permits referring to O.B.C. 6.2.2.6. and the N.F.P.A. 96 Standard, go to their Fire Prevention Office. They would comment on the plans and make recommendations for N.F.P.A. 96 and refer them back to the Building Dept. The Fire Prevention Office of Oshawa was only executing 2 of the 3 systems required where Clarington was executing all 3. Oshawa's team of 8 Fire Prevention Officers read the N.F.P.A. 96 and concluded that the Suppression System was not required for ovens like mine and East Side Mario's. Keep in mind that East Side Mario's has none of the 3, and I am expected all of the 3. What is the answer? What do you need ? I call the Clarington Fire Prevention Office and inquired how many Fire Prevention Officials resided on their team and I was told One. One fire Prevention officer for the whole Municipality of Clarington. Can we assume that this one Fire Prevention Officer is so overworked that he cannot find the time or the resources to ensure Fire Prevention in our Communities? I cannot see how one Fire Prevention Officer can cover our growing Municipality. New businesses are coming our way and eating establishments and other businesses falling under Fire Prevention concerns will overload one Fire Prevention Official. Has the Municipality of Clarington overlooked Fire Prevention in our older non -conforming businesses and that these concerns should be dealt with. I see no conformity. Every place is different. No wonder when I scouted all the other pizza places in the area I determined my ovens were installed acceptable. Now I know what's out there. What's out there is a mess. And because of that mess I have this mess to contend to. The only thing that's stopping me from opening up is this issue. Why should I have to spend unnecessary start-up money in equipment that might not be required where others never have and have not been told to do so? I am aware of the Formal Interpretation that your Building Dept. has written with regards to this matter and there still seems to be a controversy. Why wasn't that Interpretation executed for east Side Mario's? Why wasn't the Fire Prevention Office notified of it? They never mentioned it to me. Why is it appearing now and not at the beginning of my dispute 3 months ago? I have been at this issue for the last 3-4 months. Never had I seen this Formal Interpretation but only just recently has it appeared. It makes it suspicious. My process with regards to this whole matter has made me feel like I am being played with. What is this Council prepared to do with regards to this issue? Will you allow me to open the way my ovens are so I can begin my business just like East Side Mario's has begun their business over 16 months ago? And all the other places whose ovens are the same configuration? Since your Building Dept. is enforcing this precaution and East Side Mario's is not complying are you prepared to instruct your Fire Prevention Officer to close down East Side Mario's Pizza Oven until they comply? This will mean they will not be able to sell pizza. They will argue that they passed all their inspections and why should they have to install these systems? What are you going to do? I cannot believe that all these other business that do not comply are open for business and here I am replicating what I see in the Municipality and I am subjected to all these rules and regulations. Where is the justice in that? I am just trying to open up a little 650 sq. ft. pizza place that will not even house any patrons for more than a few minutes at a time. I have taken careful consideration in making my unit a contained fire separation with all the necessary precautions. Fire extinguishers, Alarm, Fire Flaps, Fire Dampers, Fire Rated drywall..... everything. These places that have been open for years and years without these systems, have you heard of any burning down in Bowmanville lately? No.... Hmmm... maybe they do not require them? They have been in operation without them and nothing has happened? What then is the standard? How is it applied in this Municipality? What is this Council prepared to reply to me and to the community with regards to my and the Municipalities issues? List of Establishments: Conforming and Non -Conforming in The Municipality of Clarington Olivers Pizza- King St. E. Courtice - 4 gas ovens with no suppression systems and no canopy over them no grease -traps under sinks - In operation 5 years Double Double Pizza + Wingg — King St E Courtice Plaza - Deep fryers with hood and suppression - Gas conveyor oven with hood and suppression - Grease -trap - In operation 5 years Fast Side Marios — Cinema Complex King St E Bowmanville - No canopy over pizza ovens - No suppression system over pizza ovens - In operation 14 months Your Choice Pizza — Waverly Center Plaza Waverly St Bowmanville - No canopy over pizza ovens - No suppression system over pizza ovens - No grease -traps - In operation 1 1/2 years Used to be subshop before 241 Pizza — 9 King St E Bowmanville - Canopy - Suppression system - No grease -traps Wagon Pizza — Across from Cas de Hotel Bowmanville No suppression system over pizza ovens - Canopy over pizza ovens - No Grease -traps - In operation 4 years Pizza Pizza — King St E Bowmanville - Canopy - Grease -trap - No suppression System over pizza ovens - In operation 6 years Opened 1992 Dennis Pizza — King St East Bowmanville - No canopy over pizza ovens No suppression system over pizza ovens - Grease -trap under dishwasher only 1+1 Pizza + Wings — King St East Bowmanville - Canopy over pizza oven - No suppression system over pizza ovens - Grease -trap - In operation 4 years Square Boys Pizza — Church St Bowmanville - No Canopy over pizza ovens - No suppression system over pizza ovens - No grease -trap 241 Pizza — King St East Courtice - Canopy over pizza ovens - No Suppression over pizza ovens - No grease -trap ONTARIO BUILDING CODE 1997 December 3, 1998 Interpretation: NFPA 96 Ventilation Requirements for Commercial Pizza and Baking Ovens OBC states: 6.2.2.6. Commercial Cooking Equipment (1) All commercial cooking equipment shall be provided with ventilation systems designed, constructed and installed to conform to NFPA 96, "Ventilation Control and Fire Protection of Commercial Cooking Operations", except as required by Sentence 3.6.3.1.(1) and Article 3.6.4.2. (See A-3.3.1.2.(2) in Appendix A.) NFPA 96 states: 1-3 General Requirements 1-3.1 Cooking equipment used in processes producing smoke or grease laden vapors shall be equipped with an exhaust system complying with the following: (a) A hood complying with the requirements of Chapter 2, and (b) Grease removal devices complying with the requirements of Chapter 3, and (c) A duct system complying with the requirements of Chapter 4, and (d) Fire extinguishing equipment complying with the requirements of Chapter 7. The question arose as to whether or not typical pizza and bakery ovens needed to be provided with a hood and extinguishing system as described above. Upon examination of the relevant articles it would appear clear that all cooking produces varying amounts of smoke and grease -laden vapours, depending on the types of products being cooked. In the cases of breads and buns there would not appear to be sufficient grease or smoke that would constitute a hazard. On the other hand, products such as pizza and pastries would produce greater amounts of smoke or grease -laden vapour as part of the cooking process. In order to determine if there was a point at which the hoods and extinguishing systems would not be required, the Buildings Branch was contacted and they offered an opinion. The following synopsis summarizes the discussions: There is no question that the Building Code requires all commercial cooking equipment to be provided with an exhaust system conforming to NFPA 96. If, however, the products that are going to be cooked or baked in the ovens can be wholly predicted and limited, then it would seem reasonable to relieve the applicant from providing a hood. This might be the case if the baking was restricted to breads, rolls and like products. However, once the oven is installed it would be impossible to control what the ovens will be used for, and thus the Building Code must take the ATTACHMENT NO.: 2 REPORT NO.: WD -06-9 ONTARIO BUILDING CODE 1997 December 3, 1998 position of requiring a hood and extinguishing for all situations. If the Chief Building Official is to waive, in part or in whole, the requirements in NFPA 96, then he must be sure that the list of products is limited. He could do this by requesting a list from the applicant, identifying the specific the goods to be produced, and then requiring that an agreement be made between the Municipality and the applicant. The enforcement of such an agreement would then become the responsibility of the Fire Department once the building is complete. It is the position of the Municipality of Clarington that an exhaust system, consisting of a hood, grease -removal devices, duct system and fire extinguishing system shall be provided for all ovens, including baking and pizza ovens. If, in the opinion of the Chief Building Official or his designate: (a) the baking process produces limited hazard, and (b) a list has been submitted that identifies and limits the products to breads, rolls, and like products, and (c) an agreement is made between the Municipality of Clarington and the applicant that no other products will be produced, then the Municipality of Clarington will waive the requirements for a ventilation system designed in accordance with NFPA 96. However, a ventilation system designed in accordance with ASHRAE 62 would still be required. It should be noted that the baking of pizza is not considered a limited hazard product. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i ♦''SUV .♦�.r . r; r♦ .y REPORT Meeting: COUNCIL Date: JANUARY 25, 1999 Report #: #: 1012-6 Subject: USE OF FIRE STATION TRAINING ROOM File # Res. # By -Law # REPORT 113 Recommendations: 1.) It is respectfully recommended that Report FD -4-99 be received by Council; and 2.) THAT Council approve the use of the fire station training room by Municipal employees, for instructional purposes, at a rate of $10.00 per hour. COMMENTS At an In Camera session of the General Purpose and Administration Committee Meeting of January 18, 1999, Report Admin -2-99 was tabled pending information from the Fire Chief. The use of the fire station training room, by Municipal staff was in question. After discussion with the Chief Administrative Officer, it was agreed that a fee of $10.00 per hour would be charged for the use of the Training Room at Fire Department Headquarters by Municipal staff. The use of this facility will be restricted to Municipal staff who are providing instructional courses to other members of Municipal staff. RECOMMENDATIONS It is respectfully recommended that Council approve the foregoing as the policy related to the use of this facility. Yours truly, Michael G. Creighf n, AMCT(A), CMM11 Fire Chief. ®" Reviewed by, Franklin Wu, Chief Administrative Officer UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # Date: January 25, 1999 Res. # ReportNo: ADDENDUM TO REPORT CD -58-98 By-law # Subject: Property Standards Order Enforcement RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT the Addendum to Report CD -58-98 be received, 2. THAT Report CD -58-98 be lifted from the table, 3. THAT Report CD -58-98 be received, 4. THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary action to clean up the property of Gust Holdings Inc., located on Simpson Avenue in Bowmanville; 5. THAT all costs associated with the clean-up be charged initially against account number 1100-9-X and subsequently levied against the property, to be deemed to be municipal real property taxes and collected in the same manner and with the same priorities as municipal real property taxes; and 6. THAT Mr. Gust and his solicitor be advised of Council's decision. BACKGROUND: On November 9, 1998, Council considered a Report from the By-law Enforcement Division regarding a lot owned by Gust Holdings Inc. A copy of Report CD -58-98 is attached hereto as Schedule"A". Staff were seeking Council approval to enforce a Property Standards Order on the lot. The Order had required the clearing and removal of all waste material and debris as well as the removal of all derelict, abandoned, unplaced and inoperative motor vehicles, vehicle parts and other related material. Council decided to give Mr. Gust an extension to allow him to clean up the property. The deadline was extended to January of this year. Addendum to Report CD -58-98 - 2 - January 25, 1999 On December 7, 1998, staff inspected the property. At that time a significant amount of the material had been removed. The vehicles at the east end of the lot were still in place along with the waste material on the ground. At that time it appeared that Mr. Gust would have no trouble meting the January deadline if he continued working at that pace. On January 18, 1999, staff once again inspected the property. The ground was covered by several centimetres of snow preventing staff from determining if all the waste material had been rmoved. The large vehicles and trailers remained on site. A large amount of waste material had been deposited in one open top trailer. RECOMMENDATION: As the Property Standards Order required the removal of these vehicles and trailers, staff recommend the approval of the original recommendation. It has now been eighteen months since Mr. Gust was first advised of the deficiencies on his property. Staff will issue a tender to have the work done. All costs associated with the Order will be invoiced against the registered owner and added to the Collector's Roll. Respectfully submitted: LC/PB/mh INTERESTED PARTIES: Mr. Sam Gust 138 Queen Street Bowmanville, Ontario UC 1M9 Irwin A. Hamilton, Solicitor Hamilton & Mutton Barristers & Solicitors 1 Division Street P.O. Box 39 Bowmanville, Ontario UC 31<8 Reviewed by: Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose & Administration Committee File # Date: November 2, 1998 Res. # Report No: CD -58-98 By-law # Subject: Property Standards Order Enforcement RECOMMENDATIONS: It is respectively recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CD 58-98 be received; and 2. THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary action to clean up the property of Gust Holdings Inc. located on Simpson Avenue in Bowmanville; and THAT all costs associated with the cleanup be charged initially against account number 1100-9-X and subsequently levied against the property, to be deemed to be municipal real property taxes and collected in the same manner and with the same priorities as municipal real property taxes. BACKGROUND: Staff have been dealing with a complaint concerning a vacant lot on the east side of Simpson Avenue south of Baseline Road in Bowmanville. The lot is legally described as Parts of Blocks 17 and 18 and part of Smart Avenue, according to Smart Estate Plan, all of which is Part Lot 9, B.F.C. in the former Town of Newcastle, now Municipality of Clarington, designated as Part 3 of Plan 10R-3189, Plan H-50073. This is a vacant piece of land within the Bowmanville industrial area directly south of Webco Steel. The lot is approximately 1.5 acres in area. When inspected, the officers found a very large collection of scrap metal, derelict motor vehicles, wood, trailers, boats, construction equipment and other waste material. Some of the material appears to have been there for a long time. In 1997 a Property Standards Notice was sent to the registered owner, Gust Holdings Inc. with a mailing address of 138 Queen Street, Bowmanville. This is the residence of Mr. Sam Gust. No response was received from the owner. 722 CC -58-98 - 2 - November 2, 1998 In lune 1998 the province moved property standards enforcement from The Planning Act into The Building Code Act. At the same time certain changes were made to streamline enforcement. Among these changes were the removal of the requirement for a Property Standards Notice and the declaration that all costs incurred by a Municipality to carry out the requirements of a Property Standards Order would become municipal real property taxes. This allows for the amount to be collected in the same manner and with the same priority as municipal real property taxes. This change means that the general taxpayer does not have to bear the cost of enforcing a Property Standards Order. On July 13, 1998 the municipality adopted a new Property Standards By-law incorporating these changes. On August 31, 1998 a Property Standards Order was sent by registered mail to the registered owner of the Simpson Avenue property, Gust Holdings Inc. The Order (Attachment #1) required two things: all waste material had to be removed from the property; and 2. all derelict, abandoned, unplated and inoperative motor vehicles, vehicle parts and all other waste material had to be removed. The owner was given until September 30, 1998 to comply. The Order also stipulated that if the owner was not satisfied with the terms and conditions of the Order he could appeal to the Property Standards Committee. The deadline for appeal was set at September 18, 1998. Mr. Gust did appear before Council on September 14, to speak about several matters involving lands he owns, however he did not file an appeal. The Act gives the municipality several options to enforce the Order. It can: simply register the Order on title at the Land Registry Office; 2. lay charges against the owner for failing to comply with the Order; 3. undertake the work and apply all costs against the municipal real property taxes, or; 4. any combination of the above. Staff have elected to undertake the work. This is a large area of land within the prime industrial area of the municipality. With Council's approval staff will be issuing a tender to have the work done. All costs associated with the Order will be recoverable from the property owner. Once the work has been completed all costs will be invoiced against the registered owner and added to the Collector's Roll. It will then be dealt with in the same manner as municipal real property taxes. 723 CD -58-98 - 3 - November 2, 1998 Attached, for Council's information, are the relevant sections of The Building Code Act (sections 15.2(2), 15.4(1) and 15.4(4)) and the Property Standards By-law (sections 4.01, 4.02 and 6.19). Respectfully submitted: LC/PB/mh Reviewed by: A. Marano Acting Chief Administrative Officer 724 Attachment F1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW ENFORCEMENT DIVISION ORDER REQUIRING COMPLIANCE PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23 ISSUED TO: GUST HOLDINGS INC. 138 QUEEN STREET BOWMANVILLE LIC 1M9 AND TO: MUNICIPAL ADDRESS: BASELINE ROAD, BOWMANVILLE PART OF BLOCKS 17 AND 18 AND PART OF SMART AVENUE, ACCORDING TO SMART ESTATE PLAN, ALL OF WHICH IS PART OF LOT 9 B.F.C. IN THE FORMER TOWN OF BOWMANVILLE, FORMER TOWN OF NEWCASTLE NOW MUNICIPALITY OF CLARINGTON, DESIGANATED AS PART 3 PLAN 10R-3189, PLAN H-50073 INSTRUMENT NUMBER: 158615 BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON HAVING AN INTEREST THEREIN. WHEREAS the property described above has been inspected by a Property Standards Officer and found not to conform to the standards set out in Property Standards By-law 98-123: IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE "A", WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE 30 SEPTEMBER 1998, USING SUITABLE AND SUFFICIENT MATERIALS AND IN—A MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED. If this Order is not complied with within the time and in the manner specified, and in accordance with any permits required by law, the Corporation may carry out the requirements of this Order at the owner's expense and/or commence legal proceedings. You are hereby advised that if you are not satisfied with the terms or conditions of this Order, you may appeal to the Property Standards Committee by sending a Notice of Appeal to the Secretary, Property Standards Committee at 40 Temperance Street, Bowmanville, Ontario, LIC 3A6, on or before, 18 SEPTEMBER 1998, stating your grounds for appeal. In the event no appeal is taken within the prescribed period and in the manner specified above, the Order shall be deemed to be confirmed and shall be final and binding upon you pursuant to Section 15.3(2) of the Act FILE: V96-0378 ISSUED ON: SERVED BY REGISTERED MAIL ON: Leon Creamer, C.P.S.O. 7�5 31 AUGUST, 1998 31 AUGUST, 1998 Witness THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NO. V96-378 BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 98-123 SCHEDULE"A" Section Non -conformities VACANTLAND 1. 4.01(1) Land not kept clean and free from rubbish, debris and ashes, health, fire and accident hazards. REMEDY All waste material to be removed from the property. 2• 4.01(2). Land not kept clean and free from wrecked dismantled, discarded, inoperative abandoned machinery vehicles trailers, boats, and their component parts. REMEDY All derelict', abandoned, unplated and Inoperative motor vehicles, vehicle parts and all other waste material to be removed from property. NOTE: A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PERMIT MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION OR REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY OF CLARINGTON BUILDING DEPARTMENT AT (905) 6233379 BETWEEN 8:30 a.m. AND 4:00 p.m. MONDAY THROUGH FRIDAY EXCEPT HOLIDAYS. /c6 Building Code Act graded and levelled condition. (4) No Distinction on,the Basis of Relationship. The authority to pass a by-law under subsection (3) does not include the authority to pass a by-law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit. (5) Provision of No Effect. A provision in a by- law is of no effect to the extent that it contravenes the restrictions described in subsection (4). 15.2-(1) Inspection of Property Without Warrant. Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by-law; or (b) whether an order made under subsection (2) has been complied with. (2) An officer who finds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. (3) Service and Posting of Order. The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. (4) Registration of Order. The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the a order was served under subsection (3) and, when the requirements of the order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 15.3-(1) Appeal of Order. An owner or occupant who has been served with an order made under subsection 15.2(2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the cotamittee within 14 days after being served the order. (2) Confirmation of Order. An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed. (3) Powers of Committee on Appeal. If an appeal is taken, the committee shall hear the appeal and shall have all the powers and functions of the officer who trade the order, and may, (a) confirm, modify or rescind the order to demolish or repair; (b) extend the time for complying with the order if, in the committee's opinion, the general intent and purpose of the by-law and of the official plan or policy statement are maintained. (4) Appeal to Ontario Court. The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3) may appeal to a judge of the Ontario Court (General Division) by notifying the clerk of the corporation in writing and by applying to the Ontario Court (General Division) for an appointment within 14 days after the sending of a copy of the decision. (5) Appointment. A judge of the Ontario Court (General Division) shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. (6) Judge's Powers. On the appeal, the judge has the same powers and functions as the committee. (7) Effect of Decisions. An order that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee under subsection (3) or a judge under subsection (6), as the case may be, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner I�7 specified in the order. 15.4.(1) Power of Municipality. If an order of an officer under subsection 15.2(2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly. (2) Warrantless Entry. For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property. (3) No Liability. Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1). (4) Municipal Lien. The municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 15.5-(1) Certificate of Compliance. An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the owner. (2) Request for Certificate. An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located. (3) Fee for Certificate. A council of a municipality may set a fee for the issuance of a certificate. 15.6-(1) Property Standards Committee, Membership and Tenn of Office. A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish. (2) Filling of Vacancies. The council of the municipality shall forthwith fill any vacancy that occurs in the Building Code Act membership of the committee. (3) Compensation. The members of the committee shall be paid such compensation as the council may provide. (4) Chair. The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair. (5) Quorum. A majority of the members constitutes a quorum for transacting the committee's business. (6) Secretary. The members hall provide for a secretary for the committee. (7) Duty of Secretary. The secretary shall keep on the file records of all official business of the committee, including records of all applications and minutes of all decisions respecting those applications, and section 74 of the Municipal Act applies with necessary modifications to the minutes and records. (8) Rules of Procedure and Oaths. The committee may, subject to subsection (9), adopt its own rules of procedure and any member may administer oaths. (9) Where Committee Required to Give Notice. The committee shall give notice or direct that notice be given of the hearing of an appeal to such person as the committee considers advisable. 15.7.-(1) Emergency Order. If upon inspection of property the officer is satisfied that there is non -conformity with the standards in a by-law passed under section 15.1 to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the nonconformity and requiring remedial repairs or other work to be carried out immediatel) to terminate the danger. (2) Service. The order shall be served on the owner of the property and such other persons affected thereby as th officer determines and a copy shall be posted on the properr (3) Emergency Powers. After making an order under subsection (1), the officer may, either before or after the order is served, take any measures necessary to terminat the danger and, for this purpose, the municipally may, through its employees and agents, at any time enter the property in respect of which the order was made without a warrant. �L� M floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room, or storage room. PART IV VACANT LANDS AND BUILDINGS VACANT LAND 4.01 All vacant land shall he kept clean and free from: (1) rubbish or debris and objects or conditions that might create a health, fire, or accident hazard; (2) wrecked, dismantled, discarded, inoperative or abandoned machinery, vehicles, trailers, boats and/or their component parts unless it is necessary for the operation of a business enterprise lawfully situated on the property; (3) long grass, brush, undergrowth and overgrown trees, which may cause a hazard; (4) dilapidated, collapsed or partially constructed structures; (5) injurious insects, termites, rodents, vermin or other pests; and (6) dead, decayed or damaged trees or other natural growth. 4.02 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. VACANT BUILDINGS 4.03 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property. 4.04 The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet Plywood painted a colour compatible with the surrounding walls and securely fastened. 1' / 19 6.15 Upon receipt of the Notice of Appeal the Secretary shall determine a date, time and place for the hearing of the Appeal which shall take place not less than seven days and not more than thirty days from the date of receipt of the aforementioned Notice of Appeal and shall give notice of the date, time and place of the appeal to the Applicant, the Committee members and the Officer. 6.16 Where an Appeal has been taken, the Committee shall hear the Appeal and shall have all the authority and functions of the Officer and may confirm, modify, or rescind the Order, or may extend the time period for compliance provided that, in the opinion of the Committee, the general intent of the By-law and of the Official Plan or policy statement are maintained. APPEAL TO ONTARIO COURT 6.17 The Municipality or any owner or occupant or other person affected by a decision of the Committee may appeal to a judge of the Ontario Court (General Division) by notifying. the Clerk of the Corporation in writing and by applying to the Ontario Court (General Division) for an appointment within fourteen days after the sending of a copy of the Decision. 6.18 A judge of the Ontario Court (General Division) shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. On the appeal, the judge has the same powers and functions as the Committee. PENALTY 6.19 Every owner or occupant of property shall comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order as confirmed or modified, the municipality in addition to other remedies, (a) shall have the right to demolish or repair the property accordingly and for this purpose with its servants and agents from time to time to enter in and upon the property; and (b) shall not be liable to compensate such owner, occupant or another person having interest in the property by reason of anything done by or on behalf of the municipality under the provisions of this article; (c) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction, a penalty in accordance with the provisions of section 36 of the Building Code Act, SO. 1992, c. 23. VALIDITY 6.20 If an article of this by-law is for any reason held to be invalid, the remaining articles shall remain in effect until repealed. 16 1130 ZJ SUMMARY OF BY-LAWS JANUARY 25, 1999 BY-LAWS 99-10 being a by-law to authorize a Standard Grant or Contribution Agreement with Natural Resources Canada (Item #15 of Report #1); 99-11 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Bell Canada (Item #2 (a) of Report #1); 99-12 being a by-law to amend Schedule A to By-law 97-294 being the Transfer Station Operating Agreement with Canadian Waste Services Inc. (Item #12 of Report #1); and 99-13 being a by-law to authorize entering into an agreement with W.E. Roth Construction Limited, the owners of Plan of Subdivision 18T-97028 and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-97028 (Approved by Council June 15, 1998).