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HomeMy WebLinkAbout02/08/1999(a MUNICIPALITY OF laringto 0 N _TAR 10 1 DATE: FEBRUARY 8, 1999 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURE OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a special meeting of Council held on January 25, 1999, minutes of a regular meeting of Council held on January 25, 1999 and minutes of a special meeting of Council held on February 1, 1999. DELEGATIONS Valerie Dosti, R.R. #2, Box 11, Group 5, Bowmanville, LIC 310 — Report CD-66-98 2. David Ashcroft, Co-Chair, Blue Circle Community Relations Committee — Report CD-66-99 3. Sher Leetooze, Board of Directors, Bowmanville Museum — Canada Mille-nium Partnership Program — Re-Construction of the Carriage House COMMUNICATIONS Receive for Information I I Local Architectural Conservation Advisory Committee — Minutes of a meeting of January 19, 1999 1-2 Emil V. Kolb, Regional Chair, Regional Municipality of Peel — GTA Pooling Brochure I — 3 Margaret Rodgers, Curator Director, Visual Arts Centre of Clarington — Fifteenth Annual Winter's Harvest CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET - BOW MANVILLE �ONTARIO - LIG 3A6 - (905) 623-3379 -FAX 623-4169 RECYCLED PAPER Council Agenda - 2 - February 8, 1999 COMMUNICATIONS I — 4 Paul Laver, Council Chair and Dave Simser, Council Vice - Chair, Victoria County Land & Water Stewardship Council — Kawartha Region Conservation Authority 1-5 Recycling Council of Ontario — 1998 Ontario Waste Minimization Awards I — 6 News Release, Central Lake Ontario Conservation Authority — Councillor Rick Johnson Re- Elected as CLOCA Chair 1-7 Member Communication Alert — AMO Requests Extension of Tax Caps I — 8 Isabel Bassett, Minister of Citizenship, Culture and Recreation — 2000 Summer Games 1-9 Clarke Museum & Archives —Minutes of a meeting of January 5, 1999 1-10 Claude Cantin, Federation of Canadian Municipalities —Highlights of FCM's National Board of Directors' Meeting I — 11 D.M. Peggy Whitteker, Clerk- Treasurer, Township of Manvers — Increase in Annual Tonnage, TRT Aggregates Ltd. I — 12 Noble A. Villeneuve, Minister, Agriculture, Food and Rural Affairs and Chris Hodgson, Minister, Northern Development and Mines — Rural and Northern Municipal Computer Capacity Enhancement Program I — 13 Ian D. Macnab, General Manager /Secretary- Treasurer, Kawartha Conservation Authority — Proposed 1999 Budget I — 14 AMO Member Communication Alert — Model Franchise Agreement — Update on AMO's Progress I — 15 Judy Currins, Clerk - Treasurer, Village of Omemee — Dissolution of the Kawartha Conservation Authority I — 16 Kawartha Conservation — Meeting on the Dissolution of Kawartha Conservation I — 17 John R. O'Toole, MPP, Durham East — Gasoline Tax Revenues I — 18 Marion Albaum, Enbridge Consumers Gas — Franchise Agreement Renewal I — 19 Central Lake Ontario Conservation Authority — Minutes of a meeting of January 19, 1999 Council Agenda -3 - February 8, 1999 COMMUNICATIONS I — 20 Ernie Eves, Minister of Finance — Fairness for Property Taxpayers Act I — 21 Cynthia Mearns, Library Director, Clarington Public Library — Confidential Property Matter I — 22 Association of Municipalities of Ontario — "Better Government/Lower Cost — the Municipal Mandate" I — 23 Isabel Bassett, Minister of Citizenship, Culture and Recreation — Ontario Trillium Foundation Receive for Direction D — 1 Maureen Gmitrowicz, Vice - Chair, Child Poverty Taskforce — Appointment D — 2 Fred Ross, Ministry of Citizenship, Culture and Recreation — Main Street Ontario Funding D — 3 Town of Pickering Resolution Re: Child Poverty D — 4 Peter Delanty, Chair, Millenium 2000 Committee, Ganaraska Region Conservation Authority — Application for Millennium 2000 Grant D-5 Lynn S. Buckner, Administrator /Treasurer, Municipality of Bayham — Bill 79, The Fairness for Property Taxpayers Act D-6 Earl S. Cuddie, Administrator - Clerk, Township of Scugog — Resolution Re: Participation and Disbanding the Conservation Authority D-7 D.B. McKenzie, 106 Clayton Crescent, Bowmanville, L1 C 4N9 — Report PD -11 -99 D — 8 Tony Middleton, Old Fire Hall Drum and Bugle Corps — Request for Assistance D — 9 Sher Leetooze, Board of Directors, Bowmanville Museum — Canada Millennium Partnership Program — Reconstruction of Carriage House D — 10 Mark Jackman, Curator, Clarke Museum & Archives — Heritage Day and Heritage Week MOTION NOTICE OF MOTION Council Agenda - 4 - February 8, 1999 REPORTS 1. General Purpose and Administration Committee Report of February 1, 1999 UNFINISHED BUSINESS 1. Report CD -66 -98 — Property Owner's Complaint Re: Blue Circle Cement (Tabled from the General Purpose & Administration Committee meeting of December 7, 1998) 2. Addendum #2 to Report CD -58 -98 — Property Standards Order Enforcement (Tabled from the Council meeting of January 25, 1999) 3. Report CD -08 -99 — Format of Council Agendas (Tabled from the Council meeting of December 14, 1998) BY -LAWS OTHER BUSINESS BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE FEBRUARY S, 1999 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I — 1 inutes of a meeting of the Local Architectural Conservation Advisory Committee held - on January 19, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-2 Emil V. Kolb, Regional Chair, Regional Municipality of Peel, forwarding a brochure on GTA Pooling. Peel's position on pooling is based on the following principles: • eliminate GTA pooling when the Provincial budget is balanced; • remove the funding of social programs from the property tax system and put them back on the income tax system where they appropriately belong; • for the interim period, cap pooling; • ensure that a common service level is in place for the GTA; • conduct a third party audit /review to verify expenditures and ensure that a common service level is in place. He advised that most recently, Regional Council has discussed the elimination of GTA pooling over a 3 year period to coincide with the elimination of the Provincial budget deficit. The Province could then finance the City of Toronto's additional social services needs from provincial income taxes. (Receive for Information) I — 3 argaret Rodgers, Curator Director, Visual Arts Centre of Clarington, advising of the ifteenth Annual Winter's Harvest to be held March 28 — April 23, 1999. She advises that the Visual Arts Centre of Clarington is calling for entries for Winter's Harvest, its annual juried craft exhibition. Each year the exhibition features examples from a multitude of craft disciplines such as clay, glass, wood and metal work, paper making, fibre art, basketry, and more. The juror for 1998 is Saskia Wassing- Shepherd, a world - traveller who trained at the Glasgow School of Art, worked with the Ontario Crafts Council selecting crafts for "Craftworks" and is currently practising her art in Toronto. Cash and other awards are generously provided by community and corporate sponsors. Exhibition fees will be paid for works accepted in the show. For further information or entry forms please call Winter's Harvest at 623 -5831. (Receive for Information) of Correspondence -3 - February 8, 1999 Isabel Bassett, Minister of Citizenship, Culture and Recreation, writing to Roger Anderson, Durham Regional Chair, advising that Durham Region is the successful candidate for the 2000 Ontario Summer Games. She offered congratulations to staff of the Region and community volunteers on their excellent preparation and presentation of their bid. (Receive for Information) 1-9 Minutes of a meeting of the Clarke Museum & Archives held on January 5, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 10 Claude Cantin, Federation of Canadian Municipalities advising of the highlights of FCM's National Board of Directors' Meeting held on December 2 — 5, 1998 as follows: In view of their forthcoming meeting with Finance Minister Paul Martin, the Board renewed its call for a renewed National Infrastructure Program and approved a new proposal aimed at increasing federal investment in sustainable transportation. They are proposing that at least 3 cents /litre of Excise Taxes on fuels be redirected into spending on transportation alternatives. • The Directors noted the growing concern over housing supply and the rise in homelessness across the country. They agreed to co -host with Canada Mortgage and Housing Corporation (CMHC) a National Roundtable on Homelessness and that the FCM Quality of Life Project adopt affordable housing and homelessness as a priority for 1999. The Board was briefed on the current intensive evaluation of FCM International Programs. There is every indication that the report will be extremely positive. • The Board urged all members to renew support for their Centre for Municipal Aboriginal Relations. • Finally, the Board considered an amended Mission Statement which reads as follows: "The Federation of Canadian Municipalities is the national voice of municipal governments, dedicated to improving the quality of life in all communities by promoting strong, effective and accountable municipal government." (Receive for Information) �Sunlma% of Correspondence -5 - February 8, 1999 I — 15 )tle dy Currins, Clerk- Treasurer, Village of Omemee, advising of a Resolution passed by Village of Omemee as follows: "THAT the Village of Omemee request dissolution of the Kawartha Region Conservation Authority and that this resolution be circulated to all member municipalities." Council's reason for introducing and passing this resolution was that they are concerned that there is no opting out clause — that once the authority is established a municipality cannot make their own decision to participate or not. The only option in this legislation that is open to municipalities who do not wish to participate, is to request that the Authority be disbanded. Municipalities must participate if there is an Authority but there does not have to be an Authority, (Receive for Information) I — 16 Ian D. Macnab, General Manager /Secretary- Treasurer, Kawartha Conservation Authority, advising of a meeting and vote on the dissolution of Kawartha Conservation scheduled to be held on February 11, 1999 at 7:30 p.m., at THE MOOSE LODGE, 10 MOOSE ROAD, LINDSAY The suggested Motion to dissolve which will come before the Board of Directors is: "RESOLVED. THAT the Lieutenant Governor in Council be requested through the Minister of Natural Resources to dissolve the Kawartha Region Conservation Authority, and towards this end, a consultant be retained by the Kawartha Region Conservation Authority to prepare a report for submission to and acceptance by the Minister of Natural Resources, on the provisions made by the member municipalities of the Kawartha Region Conservation Authority for future flood control and watershed interests and for the disposition of all assets and liabilities of the conservation authority. " (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) 1-117 R. J O'Toole, MPP, Durham East, advising that he wrote to The Honourable Ernie E es, Minister of Finance for further information on the issue of gasoline taxes. The uggestion that gasoline tax revenues be used to fund municipal transportation is well stated. He would like to confirm, however, that the Ontario government places a high priority on improving our highway system. The amount spent on highways has increased in recent years. He stated that for example, in 1998 -99 the Ontario Ministry of Transportation is spending $667 million for construction of provincial highways. This is the largest capital expenditure in the province's history. An additional $401 million is being spent this year on provincial highway operation and management. Mr. O'Toole indicated that it is his understanding that Ontario does not dedicate, or "earmark" provincial revenues obtained from transportation - related sources such as gasoline taxes or driver and vehicle registration fees. of Correspondence - 7 - February 8, 1999 sabel Bassett, Minister of Citizenship, Culture and Recreation, regarding a resolution assed by the Town of Ajax and endorsed by the Municipality of Clarington that the Regional Municipality of Durham have its own grant review team. The Ontario Trillium Foundation's grant review teams' boundaries are based upon those used for the Ministry of Health's district health councils. Each of the grant review team's sub - committees were given an equal number of representatives on,the team. However, the sub- committees will be given a notional budget allocation on a per capita basis to recommend grants under $25,000 to the board of the foundation. Therefore, the members representing the Regional Municipality of Durham sub - committee will have a significantly larger amount of money to recommend grants for local charities and not -for- profit organizations. The per capita funding for the Durham, Haliburton, Kawartha and Pine Ridge grant review team will be about $5.1 million. Based on a population of 458,616, the Regional Municipality of Durham's notional allocation will be about $3.1 million. (Receive for Information) CORRESPONDENCE FOR DIRECTION D — 1 Maureen Gmitrowicz, Vice - Chair, Child Poverty Taskforce advising that the Taskforce is a network of individuals, social agencies, health care professionals and churches in Durham Region. There are 14,000 children in Durham Region living on Social Assistance which provides an income way below the accepted poverty line. These children are deprived because we the public at large, have allowed ourselves to be persuaded that looking after our own is what matters and the less responsibility we have for those who can't keep up, the better. She is requesting the Council of the Municipality of Clarington to appoint one member of Council as a Child Advocate to raise public awareness about child poverty in our community and to be a liaison between the Taskforce and Council. / (Motion for Direction) �,/ D — 2 Fred Ross, Ministry of Citizenship, Culture and Recreation advising f the ' program to commemorate the millennium, Ontario 2000, regarding t government's Main s Street Ontario funding initiative for communities. Main Street, Ontario provides municipalities, First Nations and local service boards with matching funds of up to 50 cents per resident or 50 per cent of the total cost whichever is less — from a minimum of $1,000 to a maximum of $350,000 per community. A minimum level was established in consideration of communities that have a small population base. Under Main Street Ontario, communities with fewer than 2000 residents are eligible for a matching grant of $1,000. The government wants to provide all communities with matching funds to ensure province -wide opportunities to commemorate the millenium. (Refer to Staff) Summary of Correspondence - 9 - February 8, 1999 1. The Honourable Margaret Marland, Minister Responsible for Children 2. The Honourable Janet Ecker, M.P.P. (Durham West), Minister of Community and Social Services; 3. Mike Harris, Premier of the Province of Ontario (Motion for Direction) D —4 Peter Delanty, Chair, Millenium 2000 Committee, Ganaraska Region Conservation Authority advising that the Ganaraska Region Conservation Authority is preparing an Application for a Federal Government Millennium 2000 grant. This proposed project would create an ecology garden and demonstration park. It will be located on Ganaraska Region Conservation Authority property immediately behind the administration office and running to the Ganaraska River. The completion of the project will be accomplished through the grant funds, corporate support and community interest groups. Upon completion, the park and trails will act as a learning and information centre for school children and local area citizens. It will also be a welcome respite for travellers on the 401 and 28 highways. The committee is asking each Council within the watershed of the Ganaraska Region Conservation Authority to support, in principle, this grant application. (Motion to support in principle) D — 5 Lynn S. Buckner, Administrator /Treasurer, Municipality of Bayham, advising of a resolution passed by the Municipality of Bayham as follows: "WHEREAS Bill 106, the Fair Municipal Finance Act of 1997, came into effect January 1, 1998, intending to introduce a fair and accountable system of property assessment and taxation across the province by eliminating sizeable variations in the tax burdens of ratepayers owning similar properties; AND WHEREAS on December 18, 1998, the Province gave Royal Assent to Bill 79, the Fairness for Property Taxpayers Act, which protects small businesses from large property tax increases in response to concerns expressed by Ontario businesses that property tax increases resulting from Bill 106 were unmanageable; AND WHEREAS Bill 79 limits assessment reform - related property tax increases to 10 percent in 1998, and a further 5 percent in each of 1999 and 2000, calculations of which are to be provided by regulation; AND WHEREAS the changes resulting from Bill 106 and the `Who Does What' initiative have created additional responsibilities and work load for Municipal Staff resulting in additional expenditures incurred for overtime and for the amendments to information technology required to implement these changes; AND WHEREAS the Province has promised to assist municipalities with the cost burden of rebilling business taxpayers as required by Bill 79; Summary of Correspondence - 11 - February 8, 1999 /D -7 /D-8 D -9 NOW THEREFORE the Township of Scugog recognizes the value and need for a collective watershed approach and hereby declares its unequivocal support for the ongoing efforts and operation of Kawartha Conservation, and strongly urges watershed municipalities to do likewise and further, that this resolution be forwarded to all member municipalities urging continued support for the Authority." (Receive for information and advise the Township Of Scugog of Council's earlier resolution of support) D.B. McKenzie, 106 Clayton Crescent, Bowmanville, L1C 4N9, advising of concerns with respect to Report PD -11 -99 (Draft Plan of Subdivision 18T -82037 and 18T- 87087. (Refer to the Acting Director of Planning and Development for consideration in conjunction with the subject file) Tony Middleton, Old Fire Hall Drum and Bugle Corps, advising that Old Fire Hall Drum and Bugle Corps is a youth organization in the community of Clarington and Durham. The organization is for youths between the ages of 7 and 21 doing all local parades and a chance to travel into the United States. Drum Corps is a year round activity that combines dance, percussion and brass sections to produce spectacular arrangements on a musical football field. To make this youth activity work they are looking for sponsors to help with anything they can for example: cheaper costs on products, different groups to help with fundraising events, money donations, advertising. (Refer to 1999 budget discussions) Sher Leetooze, Board of Directors, Bowmanville Museum, advising that the Bowmanville Museum Board is submitting an application to the Federal Government for funds from the Canada Millennium Partnership Program with the goal of reconstructing the Carriage House which once stood on the Museum property. They are requesting Council's support and assistance in this matter. (Motion to heartily endorse project) D - 10 Mark I. Jackman, Curator, Clarke Museum & Archives, requesting the Municipality of Clarington to proclaim Heritage Day on February 15th and Heritage Week, February 15 — 21, 1999. (Motion to Proclaim) SUMMARY OF BY -LAWS FEBRUARY 8, 1999 BY-LAWS 99 -16 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Teletech Financial Corporation and to repeal By -law 99 -11 (Approved by Council January 25, 1999); 99 -17 being a by -law to designate a certain portion of Registered Plan 40M -1940 as not being subject to Part Lot Control (Item #2 of Report #1); 99 -18 being a by -law to designate a certain portion of Registered Plan 40M -1945 as not being subject to Part Lot Control (Item #4 of Report #1); 99 -19 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Item #5 of Report #1); and 99 -20 being a by -law to adopt Amendment No. 14 to the Clarington Official Plan (Item #3 of Report #1). MUNICIPALITY OF CLARINGTON COUNCIL MEETING FEBRUARY 8,1999 - 7:00 P.M, FILE MUNICIPALITY OF larington ONTARIO DATE: FEBRUARY 8, 1999 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURE OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a special meeting of Council held on January 25, 1999, minutes of a regular meeting of Council held on January 25, 1999 and minutes of a special meeting of Council held on February 1, 1999. DELEGATIONS Valerie Dosti, R.R. #2, Box 11, Group 5, Bowmanville, LIC 3K3 — Report CD -66-98 2. David Ashcroft, Co -Chair, Blue Circle Community Relations Committee — Report CD -66-99 Sher Leetooze, Board of Directors, Bowmanville Museum — Canada Millenium Partnership Program — Re -Construction of the Carriage House COMMUNICATIONS Receive for Information I — I Local Architectural Conservation Advisory Committee — Minutes of a meeting of January 19, 1999 I — 2 Emil V. Kolb, Regional Chair, Regional Municipality of Peel — GTA Pooling Brochure I — 3 Margaret Rodgers, Curator Director, Visual Arts Centre of Clarington — Fifteenth Annual Winter's Harvest CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • LIC 3A6 • (905)623-3379 • 1A%623-4189 •¢risco •� Council Agenda - 2 - February 8, 1999 COMMUNICATIONS 1-4 Paul Laver, Council Chair and Dave Simser, Council Vice -Chair, Victoria County Land & Water Stewardship Council — Kawartha Region Conservation Authority I — 5 Recycling Council of Ontario — 1998 Ontario Waste Minimization Awards I — 6 News Release, Central Lake Ontario Conservation Authority — Councillor Rick Johnson Re -Elected as CLOCA Chair 1-7 Member Communication Alert — AMO Requests Extension of Tax Caps I — 8 Isabel Bassett, Minister of Citizenship, Culture and Recreation — 2000 Summer Games I — 9 Clarke Museum & Archives — Minutes of a meeting of January 5, 1999 1— 10 Claude Cantin, Federation of Canadian Municipalities — Highlights of FCM's National Board of Directors' Meeting I — 11 D.M. Peggy Whitteker, Clerk -Treasurer, Township of Manvers — Increase in Annual Tonnage, TRT Aggregates Ltd. 1-12 Noble A. Villeneuve, Minister, Agriculture, Food and Rural Affairs and Chris Hodgson, Minister, Northern Development and Mines — Rural and Northern Municipal Computer Capacity Enhancement Program 1— 13 Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Authority — Proposed 1999 Budget 1-14 AMO Member Communication Alert — Model Franchise Agreement — Update on AMD's Progress 1— 15 Judy Currins, Clerk -Treasurer, Village of Omemee — Dissolution of the Kawartha Conservation Authority 1-16 Kawartha Conservation — Meeting on the Dissolution of Kawartha Conservation 1-17 John R. O'Toole, MPP, Durham East — Gasoline Tax Revenues 1— 18 Marion Albaum, Enbridge Consumers Gas — Franchise Agreement Renewal 1-19 Central Lake Ontario Conservation Authority — Minutes of a meeting of January 19, 1999 Council Agenda -3 - February 8, 1999 COMMUNICATIONS I — 20 Ernie Eves, Minister of Finance — Fairness for Property Taxpayers Act I — 21 Cynthia Mearns, Library Director, Clarington Public Library — Confidential Property Matter I — 22 Association of Municipalities of Ontario — "Better Government/Lower Cost — the Municipal Mandate" I — 23 Isabel Bassett, Minister of Citizenship, Culture and Recreation — Ontario Trillium Foundation Receive for Direction D — 1 Maureen Gmitrowicz, Vice -Chair, Child Poverty Taskforce — Appointment D — 2 Fred Ross, Ministry of Citizenship, Culture and Recreation — Main Street Ontario Funding D-3 Town of Pickering Resolution Re: Child Poverty D-4 Peter Delanty, Chair, Millenium 2000 Committee, Ganaraska Region Conservation Authority — Application for Millennium 2000 Grant D — 5 Lynn S. Buckner, Administrator/Treasurer, Municipality of Bayham — Bill 79, The Fairness for Property Taxpayers Act D-6 Earl S. Cuddie, Administrator -Clerk, Township of Scugog — Resolution Re: Participation and Disbanding the Conservation Authority D-7 D.B. McKenzie, 106 Clayton Crescent, Bowmanville, L1 C 4N9 — Report PD -11-99 D — 8 Tony Middleton, Old Fire Hall Drum and Bugle Corps — Request for Assistance D — 9 Sher Leetooze, Board of Directors, Bowmanville Museum — Canada Millennium Partnership Program — Reconstruction of Carriage House D — 10 Mark Jackman, Curator, Clarke Museum & Archives — Heritage Day and Heritage Week MOTION NOTICE OF MOTION Council Agenda - 4 - February 8, 1999 REPORTS 1. General Purpose and Administration Committee Report of February 1, 1999 UNFINISHED BUSINESS Report CD -66-98 — Property Owner's Complaint Re: Blue Circle Cement (Tabled from the General Purpose & Administration Committee meeting of December 7, 1998) 2. Addendum #2 to Report CD -58-98 — Property Standards Order Enforcement (Tabled from the Council meeting of January 25, 1999) Report CD -08-99 — Format of Council Agendas (Tabled from the Council meeting of December 14, 1998) BY-LAWS OTHER BUSINESS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Council Minutes MUNICIPALITY OF CLARINGTON Minutes of a special meeting of Council Held on January 25, 1999, at 5:00 p.m., In Committee Room #1 PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL January 25, 1999 Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim (Attended at 5:28 p.m.) Councillor T. Young Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Acting Director of Planning & Development, D. Crome Solicitor, D. Hefferon (Attended from 5:20 to 5:28 p.m.) Property Manager, F. Horvath Treasurer, M. Marano Director of Public Works, S. Vokes Municipal Clerk, P. Barrie The special meeting of Council was convened to consider Report CD -3-99 — Applications for the Advanced Funding Program — Ontario Lottery Corporation. Resolution #C-33-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT Report CD -3-99 be lifted from the table. Special Council Minutes - 2 - January 25, 1999 Resolution #C-34-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT only those organizations based in Clarington be considered for the Advanced Funding Program. "MOTION LOST" Resolution #C-35-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT the listing of organizations who have applied for Advanced Funding to the Ontario Lottery Corporation, be divided to allow for consideration of each application separately. Resolution #C-36-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the application submitted by the Association of Hospital Volunteers be approved in the amount of $5,000.00. "CARRIED" Resolution #C-37-99 Moved by Councillor Young, seconded by Councillor Mutton THAT the application submitted by Bethesda Cemetery be approved in the amount of $10,000.00. "MOTION LOST" Special Council Minutes 3 - January 25, 1999 Resolution #C-38-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the application submitted by Bethesda Cemetery be approved in the amount of $5,000.00. Resolution #C-39-99 Moved by Councillor Mutton, seconded by Councillor Young THAT the application submitted by Bethesda House of Mercy be approved in the amount of $25,000.00. Resolution #C-40-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the application submitted by Big Brothers of Clarington be approved in the amount of $20,000.00. "CARRIED" Resolution #C-41-99 Moved by Councillor Mutton, seconded by Councillor Young THAT the application submitted by the Bowmanville Eagles Junior Hockey Association be denied. Resolution #C-42-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the application submitted by the Clarington Concert Band be approved in the amount of $5,000.00. Special Council Minutes - 4 - January 25, 1999 Resolution #C-43-99 Moved by Councillor Novak, seconded by Councillor Schell THAT the application submitted by the Clarington Girls Hockey Association be approved in the amount of $5,000.00. " 1 � Resolution #C-44-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the application submitted by the Clarington Minor Hockey Association be approved in the amount of $5,000.00. Resolution #C-45-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the application submitted by the Clarington Older Adults Association be approved in the amount of $20,000.00. Resolution #C-46-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT the application submitted on behalf of the Clarington Swim Club Inc., be approved in the amount of $5,000.00. Resolution #C-47-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT the application submitted by the Durham East 4-H Council be approved in the amount of $5,000.00. "MOTION LOST" Special Council Minutes - 5 - January 25, 1999 Resolution #C-48-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the application submitted by the Durham East 4-H Council be approved in the amount of $2,500.00. Resolution #C-49-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the application submitted by the Haydon Community Centre be approved in the amount of $7,500.00. Resolution #C-50-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the application submitted by the Orono Amateur Athletic Association be approved in the amount of $50,000.00. (SEE FOLLOWING MOTION) Resolution #C-51-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT the application submitted by the Orono Amateur Athletic Association and the application submitted by the Solina Community Centre Board, be tabled to the end of the meeting for further discussion following consideration of all applications. Special Council Minutes -6- Resolution 6 - Resolution #C-52-99 January 25, 1999 Moved by Councillor Novak, seconded by Councillor Schell THAT the application submitted by the Rotary Club of Bowmanville be approved in the amount of $5,000.00. Resolution #C-53-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the application submitted by the Visual Arts Centre of Clarington be approved in the amount of $13,883.00. KW:_ %1- P Resolution #C-54-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the following applications be approved: • Big Sisters of Oshawa/Clarington $1,000.00 • Grandview Children's Centre 5,000.00 • Kinark Child & Family Services 2,000.00 • Canadian Red Cross Society 2,000.00 "CARRIED" Resolution #C-55-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the applications submitted by the Orono Amateur Athletic Association and the Solina Community Centre Board, be lifted from the table and considered at this time. Special Council Minutes - 7 - January 25, 1999 Resolution #C-56-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the application submitted by the Orono Amateur Athletic Association be approved in the amount of $45,000.00. Resolution #C-57-99 Moved by Councillor Novak, seconded by Councillor Schell THAT the application submitted by the Solina Community Centre Board be approved in the amount of $45,000.00. " 1 � CONFIIZNIING BY-LAW Resolution 9C-58-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT leave be granted to introduce By-law 99-9, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 25`h day of January 1999, and that the said by-law be now read a first and second time. Resolution #C-59-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the third and final reading of By-law 99-9 be approved. Special Council Minutes - 8 - January 25, 1999 ADJOURNMENT Resolution #C-60-99 Moved by Councillor Young, seconded by Councillor Trim THAT the meeting adjourn at 6:17 p.m. MAYOR MUNICIPAL CLERK Council Minutes MUNICIPALITY OF CLARINGTON Minutes of a regular meeting of Council held on Monday, January 25, 1999, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL January 25, 1999 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 8:25 p.m.) Acting Director of Planning and Development, D. Crome Solicitor, D. Hefferon Divisional Fire Chief, W. Hesson (Attended until 8:25 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Divisional Fire Chief, G. Weir (Attended until 8:25 p.m.) Municipal Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST Councillor Rowe indicated that she would be making a disclosure of pecuniary interest with respect to Item #I (a) of Report # 1. MINUTES OF PREVIOUS MEETINGS Resolution #C-61-98 Moved by Councillor Trim, seconded by Councillor Young THAT the minutes of a regular meeting of Council held on January 11, 1999 be approved. Council Minutes - 2 - January 25, 1999 DELEGATIONS Resolution #C-62-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the order of the agenda be altered to allow for the announcement of the result of Council's deliberation with respect to the Advanced Funding Program of the Ontario Lottery Corporation. Mayor Harare read into the record the following Advanced Funding Grants which were approved for recommendation to the Province earlier this evening at a Special Council meeting: Association of Hospital Volunteers $ 5,000.00 Bethesda Cemetery 5,000.00 Bethesda House of Mercy 25,000.00 Big Brothers of Clarington 20,000.00 Clarington Concert Band 5,000.00 Clarington Girls Hockey Association 5,000.00 Clarington Minor Hockey Association 5,000.00 Clarington Older Adults Association 20,000.00 Clarington Swim Club Inc. 5,000.00 Durham East 4-H Council 2,500.00 Haydon Community Centre 7,500.00 Orono Amateur Athletic Association 45,000.00 Selina Community Centre 45,000.00 Rotary Club of Bowmanville 5,000.00 Visual Arts Centre of Clarington 13,883.00 Big Sisters of Oshawa/Clarington 1,000.00 Grandview Children's Centre 5,000.00 Kinark Child & Family Services 2,000.00 Canadian Red Cross Society 2,000.00 Mayor Hamre recognized the efforts of the United Way Fundraising Committee and introduced Gord Weir, Chair of the Committee. Mr. Weir advised Members of Council that this year's campaign raised in excess of $7,600.00 and thanked members of the Committee and staff for their continuing support. Council Minutes - 3 - January 25, 1999 DELEGATIONS Resolution #C-63-99 Moved by Councillor Novak, seconded by Councillor Schell THAT the Mayor forward correspondence to Mr. Weir and the United Way Committee to thank them for their dedication to the United Way cause. :[; b Sam Gust, 138 Queen Street, Bowmanvil le, LIC 1M9, addressed Council with respect to the Addendum to Report CD -58-98. Mr. Gust indicated his frustration which he has been experiencing over the last number of years and advised that a misunderstanding existed. He was of the impression that he could keep the equipment and disburse with construction materials from his lot on Simpson Avenue. For two months he worked to clean up the property, however, that clean-up has now been hindered by the snowfall which has recently been experienced. He indicated that he is now aware that he requires site plan approval in order to use his property for the purpose which he wishes to and he requested that Council provide him with one or two weeks in order to sort out the matter. COMMUNICATIONS Resolution #C-64-99 Moved by Councillor Young, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items I — 1, I — 8, I — 9, I — 12 and I — 13. 1-2 Minutes of a meeting of the Clarke Museum & Archives held on December 1, 1998. (Received for Information) I — 3 Minutes of a meeting of the Bowmanville Museum Board held on December 9, 1998. (Received for Information) Council Minutes - 4 - January 25, 1999 COMMUNICATIONS 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 t ree 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. (Received for Information) I — 5 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on December 15, 1998. (Received for Information) 1-6 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. 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 10, you will automatically be entered in the Friends early -bird draw. First prize is $150.00 and second prize is $75.00. (Received for Information) I — 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. Council Minutes -5 - January 25, 1999 COMMUNICATIONS It states that Canadians enjoy the lowest telephone service costs in North America and have every right to expect to continue to do so. (Received for Information) 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. (Received for Information) 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. (Received 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. (Received for Information) Council Minutes - 6 - January 25, 1999 COMMUNICATIONS I — 1 The Visual Arts Centre of Clarington advising of POWERWORKS by Jane Adeney. POWERWORKS is a broadside psychological assault, its Visual Arts Centre equivocal, ambiguous depth charges resonating with acknowledgements of POWERWORKS our submerged recesses of consciousness. The Visual Arts Centre M02.GE 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. Resolution #C-65-99 Moved by Councillor Young, seconded by Councillor Schell THAT Correspondence Item I — 1 be received for information. I — 8 Roger Anderson, Regional Chair, Regional Municipality of Durham, forwarding a letter of appreciation to the Municipality of Clarington Ontario Summer Council and staff with respect to the Ontario Summer Games 2000 Bid. Games 2000 Bid On January 13, 1999, Minister Isabel Bassett announced that Durham M02.GE 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. Resolution #C-66-99 Moved by Councillor Young, seconded by Councillor Schell THAT Correspondence Item I — 8 be received for information. "CARRIED" Council Minutes - 7 - January 25, 1999 COMMUNICATIONS 1-9 Isabel Bassett, Minister of Citizenship, Culture and Recreation, advising that one of the key centrepieces of the government's Ontario 2000 Ontario 2000 Program is Main Street Ontario. This partnership initiative with Program — Main communities across Ontario provides an opportunity for the communities Street Ontario and the government to work together to create meaningful, exciting FI LPR 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. Resolution #C-67-99 Moved by Councillor Young, seconded by Councillor Schell THAT Correspondence Item I — 9 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-68-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the foregoing Resolution #C-67-99 be amended by adding the following thereto: "and referred to the Valleylands Millenium Project Committee and to the three B.I.A.'s." The foregoing Resolution #C-67-99 was then put to a vote and CARRIED AS AMENDED. 1— 12 Frances Aird, Clerk Administrator, Township of Hope, forwarding a letter addressed to The Honourable Ralph Goodale, Minister of Natural Low -Level Resources Canada advising of a resolution passed by the Township of Radioactive Waste Hope as follows: E07.PO Council Minutes - 8 - January 25, 1999 COMMUNICATIONS "WHEREAS the Township of Hope LLRW Ad Hoc Committee have prepared and presented their `Report on Conceptual Design Options for a Low -Level 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; 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." Resolution #C-69-99 Moved by Councillor Young, seconded by Councillor Schell THAT Correspondence Item I — 12 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes - 9 - January 25, 1999 COMMUNICATIONS Resolution #C-70-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the foregoing Resolution #C-69-99 be amended by adding the following thereto: "and that the correspondence be copied to the Low -Level Radioactive Waste Committee." The foregoing Resolution #C-69-99 was then put to a vote and CARRIED AS AMENDED. I — 13 Member Communication Alert, Association of Municipalities of Ontario advising that the regulation that provides the method of calculating Capped Property assessment reform -related amounts that are subject to the 10 percent cap Taxes on tax increases has been released. F27.CO Resolution #C-71-99 Moved by Councillor Young, seconded by Councillor Schell THAT Correspondence Item I — 13 be received for information. Resolution #C-72-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Items D — 5, D — 6, D — 7, D — 8 and D — 9 be approved as per the agenda. Council Minutes - 10- January 25, 1999 COMMUNICATIONS 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. (Referred to the Director of Public Works for response) 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. (Referred 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. (Receive his 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. (Proclaimed) 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. (Proclaimed and flag raising in the Municipal Square approved) Council Minutes - I 1 - January 25, 1999 COMMUNICATIONS D-2 Norm Leigh, Manager, Business Development and Kim Wildman, Project Manager, Durham '99, Regional Municipality of Durham, advising that Durham '99 as part of the Region's 25`h Anniversary they are planning what, at M02.GE 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. 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. Resolution #C-73-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Item D — 2 be referred to the Marketing and Tourism Officer. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-74-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the foregoing Resolution #C-73-99 be amended by adding the following thereto: "and that participation in the program be approved." 0 The foregoing Resolution #C-73-99 was then put to a vote and CARRIED AS AMENDED. Council Minutes - 12- January 25, 1999 COMMUNICATIONS D — 3 Craig Brown, Chairman, Clarington Public Library Board, advising that Freedom to Read Week is February 14 — 21, 1999. As stated in the Freedom to Read Canadian Library Associations Statement on Intellectual Freedom, "all Week persons in Canada have the fundamental right, as embodied in the nation's M02.GE 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. Resolution #C-75-99 Moved by Councillor Young, seconded by Councillor Rowe WHEREAS the right to pursue the truth through free inquiry essential to deomocratic decision making; AND WHEREAS the freedom to read is the essence of free inquiry; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington recognizes, re -affirms and defends the right of citizens of this community individually to decide what he or she will or will not read as allowed by Canadian law; AND FURTHER in support of this resolution, this Council proclaims the Municipality hence forth a freedom to read zone. "CARRIED" Council Minutes - 13 - January 25, 1999 COMMUNICATIONS 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 Payment in Lieu Committee headed "Payment in Lieu of Taxes for Provincial and Federal Of Taxes — Head Buildings." She advised that City Council adopted this Clause without And Bed Rate amendment and in so doing took the following action: D02.GT 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 Requested all GTA municipalities to endorse Recommendation No. (l). Resolution #C-76-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the resolution of the City of Toronto regarding increasing the "head and bed" rate be endorsed in principle; THAT the Association of Municipalities of Ontario be requested to pursue with the Province of Ontario, calculation of the payment in lieu of taxes, for Provincial and Federal buildings, for "heads and beds" as described in Section 157 of the Municipal Act, based on the property's current value assessment, not a flat rate; and THAT the City of Toronto be notified of Council's decision Council Minutes - 14- January 25, 1999 COMMUNICATIONS D-4 The Township of Hope advising of the proposed levy increase for 1999 for the Ganaraska Region Conservation Authority (GRCA). Council of the Ganaraska Region Township of Hope read in the minutes of the GRCA that there will be a Conservation 5% increase in the 1999 levy and are requesting the municipality's support Authority — 5% in objection to this proposal. Township of Hope Council have passed a Increase in 1999 resolution and forwarded a letter to the GRCA stating that a 5% increase Levy for 1999 is unacceptable and is unjust in todays terms, especially as it has AOLGA 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. Resolution #C-77-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D — 4 be received for information. MOTION NOTICE OF MOTION COMMITTEE REPORTS Report #1 Resolution #C-78-99 G.P.A. Report Moved by Councillor Novak, seconded by Councillor Schell January 18, 1999 THAT the General Purpose and Administration Committee Report of January 18, 1999 be approved with the exception of Item # l a). Councillor Rowe indicated a disclosure of pecuniary interest with respect to Item #la); vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe indicated that her husband is a business partner of one of the subjects of Report PD -10-99. Council Minutes - 15 - January 25, 1999 REPORTS Item #I (a) Resolution #C-79-99 Semi -Annual Moved by Councillor Novak, seconded by Councillor Schell Report on Site Plan Activities THAT Report PD -10-99 be received for information. DI LSI "CARRIED" Report#2 Resolultion #C-80-99 Delegation of Moved by Councillor Young, seconded by Councillor Trim Peter Falconeri P10.GE THAT Report WD -06-99 be received for information; and THAT Peter Falconeri be provided with a copy of Report WD -06-99 and advised of Council's decision. "CARRIED" Report#3 Resolution #C-81-99 Use of Fire Moved by Councillor Schell, seconded by Councillor Novak Station Training Room THAT Report FD -4-99 be received; and A21.GE 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. "CARRIED" UNFINISHED BUSINESS Resolution #C-82-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Report CD -58-98 be lifted from the table. "CARRIED" Council Minutes - 16- January 25, 1999 UNFINISHED BUSINESS BY-LAWS Resolution #C-83-99 Moved by Councillor Novak, seconded by Councillor Schell THAT the Addendum to Report CD -58-98 be referred back to staff for a joint report to be prepared between the Clerk's Department and the Planning and Development Department to be presented to Council on February 8, 1999 with respect to the site plan process as it pertains to Mr. Gust's property; and THAT Mr. Gust be advised that he must submit his site plan application by February 1, 1999. "CARRIED" Resolution #C-84-99 Moved by Councillor Schell, seconded by Councillor Novak THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 99-10 being a by-law to authorize a Standard Grant or Contribution Agreement with Natural Resources Canada, 99-11 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Bell Canada, 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.; and 98-13 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. Council Minutes - 17- January 25, 1999 BY-LAWS Resolution #C-85-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the third and final reading of By-laws 99-10- to 99-13 inclusive, be approved. "CARRIED" OTHER BUSINESS Regional Update Councillor Mutton confirmed that the Regional Municipality of Durham has once again received a Triple A credit rating from the Canadian Bond Rating Agency. Councillor Novak advised that the Transportation Committee has been holding round table discussions and a presentation will be made to the General Purpose and Administration Committee on February I, 1999. January 20, 1999 was the launch of Durham Lives, a vehicle to allow communities to have health issues brought forward. Committee/Boards Councillor Mutton indicated that all of the boards on which he sits are Update taking advantage of the opportunity to utilize Durham '99 advertisement for their promotions. Councillor Novak indicated that the Bowmanville Museum Board will also be involved in the Durham `99 programs and the Museum held a wonderful open house. Councillor Rowe advised that Gregory Ward, a Bond Head resident and author, will be speaking at the Clarington Library on February 11, 1999. Councillor Schell indicated that last Wednesday, the Healthy Community Committee received a presentation on the Road Watch Program and have formed a committee to implement this program. He also advised that he is a member of an environmental advisory group through Ontario Hydro which is presently on a fact-finding mission in order to give direction to Ontario Hydro Nuclear on environmental issues. All meetings are open to the public and upcoming meetings are to be held at various nuclear sites. Council Minutes - 18- January 25, 1999 OTHER BUSINESS Councillor Trim advised that he attended meetings of the Orono Amateur Athletic Association, the Orono B.I.A. and the Ganaraska Conservation Authority last week. Councillor Young commented that Kawartha Conservation has received letters from three municipalities asking for dissolution of the Conservation Board. They are now forced to hold a meeting in order to look at that option; this meeting has been scheduled for February 11, 1999 at 7:30 p.m. Resolution #C-86-99 Moved by Councillor Young, seconded by Councillor Novak THAT the Council of the Municipality of Clarington fully support the continued existence of the Kawartha Region Conservation Authority. Mayor Hamre indicated that on January 22, 1999 the first meeting of the Greater Toronto Services Board was held in Richmond Hill at which time Alan Tonks was elected as Chair through a large majority vote. She indicated that it was a good spirited, positive meeting and she is looking forward to the next meeting which is scheduled to be held on February 26, 1999. At that time, the salary of the Chair will be decided. Resolution #C-87-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the meeting be "closed" for the purpose of discussing a legal matter. Resolution 4C-88-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be ratified. Council Minutes - 19- January 25, 1999 CONFIRMING BY-LAW ADJOURNMENT Councillor Rowe 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-89-99 Moved by Councillor Schell, seconded by Councillor Novak THAT leave be granted to introduce By-law 99-14, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 25th day of January 1999, and that the said by-law be now read a first and second time. Resolution #C-90-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the third and final reading of By-law 99-14 be approved. "CARRIED" Resolution #C-91-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 9:41 p.m. "CARRIED" MAYOR MUNICIPAL CLERK Council Minutes MUNICIPALITY OF CLARINGTON Minutes of a special meeting of Council held on February 1, 1999, at 4:25 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 Treasurer, M. Marano Municipal Clerk, P. Barrie February 1, 1999 The special meeting of Council was convened in order to reconsider the Advanced Funding Program — Ontario Lottery Corporation. Resolution #C-92-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the rules of procedure be suspended in order to allow for the reconsideration of Report CD -3-99. Resolution #C-93-99 Moved by Councillor Young, seconded by Councillor Schell THAT the charity roster application for Advance Funding submitted by Durham Region Community Care Association be reconsidered at this time. Special Council Minutes - 2 - February 1, 1999 Resolution #C-94-99 Moved by Councillor Schell, seconded by Councillor Young THAT the Municipality of Clarington provide a one-time grant to the Durham Region Community Care Association, for Clarington programs, in the amount of $14,000, to be financed from the 1998 unexpended contingency account. CONFIRMING BY-LAW Resolution #C-95-99 Moved by Councillor Schell, seconded by Councillor Trim THAT leave be granted to introduce By-law 99-15, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 1st day of February 1999, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-96-99 Moved by Councillor Schell, seconded by Councillor Trim THAT the third and final reading of By-law 99-15 be approved. "CARRIED" Special Council Minutes -3 - February 1, 1999 ADJOURNMENT Resolution #C-97-99 Moved by Councillor Young, seconded by Councillor Trim THAT the meeting adjourn at 4:30 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE FEBRUARY 8, 1999 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I — 1 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on January 19, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-2 Emil V. Kolb, Regional Chair, Regional Municipality of Peel, forwarding a brochure on GTA Pooling. Peel's position on pooling is based on the following principles: • eliminate GTA pooling when the Provincial budget is balanced; • remove the funding of social programs from the property tax system and put them back on the income tax system where they appropriately belong; • for the interim period, cap pooling; • ensure that a common service level is in place for the GTA; • conduct a third party audit/review to verify expenditures and ensure that a common service level is in place. He advised that most recently, Regional Council has discussed the elimination of GTA pooling over a 3 year period to coincide with the elimination of the Provincial budget deficit. The Province could then finance the City of Toronto's additional social services needs from provincial income taxes. (Receive for Information) I — 3 Margaret Rodgers, Curator Director, Visual Arts Centre of Clarington, advising of the Fifteenth Annual Winter's Harvest to be held March 28 — April 23, 1999. She advises that the Visual Arts Centre of Clarington is calling for entries for Winter's Harvest, its annual juried craft exhibition. Each year the exhibition features examples from a multitude of craft disciplines such as clay, glass, wood and metal work, paper making, fibre art, basketry, and more. The juror for 1998 is Saskia Wassing-Shepherd, a world - traveller who trained at the Glasgow School of Art, worked with the Ontario Crafts Council selecting crafts for "Craftworks" and is currently practising her art in Toronto. Cash and other awards are generously provided by community and corporate sponsors. Exhibition fees will be paid for works accepted in the show. For further information or entry forms please call Winter's Harvest at 623-5831. (Receive for Information) Summary of Correspondence - 2 - February 8, 1999 I — 4 Paul Laver, Council Chair and Dave Simser, Council Vice -Chair, Victoria County Land & Water Stewardship Council advising that they are concerned that Kawartha watershed municipalities are considering the disbanding of the Kawartha Region Conservation Authority. Speaking in support of the KRCA, he advises that the Council is not an organization on its own, it is a Victoria County network with representatives from local resource agencies, volunteers from land interest groups, and landowners belonging to forestry and agriculture associations. The Council's role is to develop collaborative projects and to eliminate duplication. They advise that Mr. Ian Mcnab from the KRCA is a member of this Council with the Authority being a key partner in several Council projects. They indicate that the Kawartha Region Conservation Authority is a key partner in the local environmental network and is worthy of continued support. (Receive for Information) 1— 5 Recycling Council of Ontario, advising of the 1998 Ontario Waste Minimization Awards Call for Nominations. If you know of an individual, school, business, institution, technical innovation, municipality or educational initiative that is truly deserving of recognition for efforts to protect the environment by minimizing waste, please take the time to nominate them for an Ontario Waste Minimization Award. Nominations and supporting data must be received or post -marked by Canada Post no later than February 26, 1999. They may be mailed to the Awards Committee, Recycling Council of Ontario, 489 College Street, Suite 504, Toronto, M6G 1 A5. The awards will be presented at an Awards Ceremony at the Boulevard Club in Toronto on April 22, 1999. (Receive for Information) 1-6 News Release, Central Lake Ontario Conservation Authority, advising that on January 19, 1999, Councillor Rick Johnson of the Town of Pickering was re-elected Chair of the CLOCA Authority along with Mayor Doug Moffatt, Township of Scugog, to the Vice -Chair position. (Receive for Information) 1-7 Member Communication Alert received from the Association of Municipalities of Ontario, advising that together with the Association of Municipal Clerks and Treasurers of Ontario, the Association of Municipal Tax Collectors of Ontario, and the Municipal Finance Officers' Association of Ontario, AMO has written to the Minister of Finance requesting that the deadline for passing municipal by-laws to adopt capping provisions under Bill 79, the Fairness for Property Taxpayers Act, 1998, or other tax mitigation measures, be extended to February 28, 1999. (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) Summary of Correspondence - 3 - February 8, 1999 I — 8 Isabel Bassett, Minister of Citizenship, Culture and Recreation, writing to Roger Anderson, Durham Regional Chair, advising that Durham Region is the successful candidate for the 2000 Ontario Summer Games. She offered congratulations to staff of the Region and community volunteers on their excellent preparation and presentation of their bid. (Receive for Information) I — 9 Minutes of a meeting of the Clarke Museum & Archives held on January 5, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 10 Claude Cantin, Federation of Canadian Municipalities advising of the highlights of FCM's National Board of Directors' Meeting held on December 2 — 5, 1998 as follows: In view of their forthcoming meeting with Finance Minister Paul Martin, the Board renewed its call for a renewed National Infrastructure Program and approved a new proposal aimed at increasing federal investment in sustainable transportation. They are proposing that at least 3 cents/litre of Excise Taxes on fuels be redirected into spending on transportation alternatives. • The Directors noted the growing concern over housing supply and the rise in homelessness across the country. They agreed to co -host with Canada Mortgage and Housing Corporation (CMHC) a National Roundtable on Homelessness and that the FCM Quality of Life Project adopt affordable housing and homelessness as a priority for 1999. • The Board was briefed on the current intensive evaluation of FCM International Programs. There is every indication that the report will be extremely positive. • The Board urged all members to renew support for their Centre for Municipal Aboriginal Relations. • Finally, the Board considered an amended Mission Statement which reads as follows: "The Federation of Canadian Municipalities is the national voice of municipal governments, dedicated to improving the quality of life in all communities by promoting strong, effective and accountable municipal government." (Receive for Information) Summary of Correspondence - 4 - February 8, 1999 I — 11 D.M. Peggy Whitteker, Clerk -Treasurer, Township of Manvers, forwarding correspondence addressed to TRT Aggregates Ltd., advising that their request to increase annual tonnage for Licence #3435, Lot 17, Concession 10, Municipality of Clarington, was discussed by Manvers Council on January 12, 1999. Manvers Council passed a resolution to oppose an increase in tonnage for the said licensed pit as this will result in increased truck traffic on the Manvers/Clarington boundary road east of Highway #35 and there has been a number of complaints received in the past regarding the condition of the said portion of road due to the heavy truck traffic. They are not prepared to support an increase in tonnage unless the road is improved to carry the truck traffic and that the municipalities not incur any costs related to the road improvements for the purpose of increased business from the above noted pit. (Receive for Information) 1-12 Noble A. Villeneuve, Minister, Agriculture, Food and Rural Affairs and Chris Hodgson, Minister, Northern Development and Mines, advising that during consultations with municipal stakeholders across the province, many rural and northern municipalities lack the basic computer hardware and related training to effectively use modern electronic communication technology, such as the Internet. The Ontario government is pleased to provide details of the Rural and Northern Municipal Computer Capacity Enhancement Program. This program is being offered to rural and northern municipalities to assist in meeting computer hardware and related training needs, particularly in the use of the Internet as an efficient tool for communications and conducting municipal business. The application form and applicant's guide outline the criteria for the program. The deadline for applications is March 1, 1999. It is their intention to have funds forwarded to successful applicants by March 31 1999. (Receive for Information) I — 13 Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Authority, forwarding a copy of their Proposed 1999 Budget. The Board of Directors of Kawartha Conservation will vote on this budget and the municipal funding associated with it at their meeting of February 24, 1999. (A copy of the correspondence is attached to the summary of correspondence.) (Receive for Information) 1-14 Member Communication Alert received from the Association of Municipalities of Ontario advising of a Model Gas Franchise Agreement — Update on AMD's Progress. Members have asked AMO to initiate a review of the Model Agreement and to Re-establish the committee that did the original document. AMO wrote to the OEB Chair, Floyd Laughren, requesting that he re-establish the committee to review the existing model agreement and issue an interim order for those municipalities wishing to extend existing agreements that are coming up for renewal. (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) Summary of Correspondence - 5 - February 8, 1999 I — 15 Judy Currins, Clerk -Treasurer, Village of Omemee, advising of a Resolution passed by the Village of Omemee as follows: "THAT the Village of Omemee request dissolution of the Kawartha Region Conservation Authority and that this resolution be circulated to all member municipalities." Council's reason for introducing and passing this resolution was that they are concerned that there is no opting out clause — that once the authority is established a municipality cannot make their own decision to participate or not. The only option in this legislation that is open to municipalities who do not wish to participate, is to request that the Authority be disbanded. Municipalities must participate if there is an Authority but there does not have to be an Authority. (Receive for Information) 1— 16 Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Authority, advising of a meeting and vote on the dissolution of Kawartha Conservation scheduled to be held on February 11, 1999 at 7:30 p.m., at THE MOOSE LODGE, 10 MOOSE ROAD. LINDSAY. The suggested Motion to dissolve which will come before the Board of Directors is: "RESOLVED.THAT the Lieutenant Governor in Council be requested through the Minister of Natural Resources to dissolve the Kawartha Region Conservation Authority, and towards this end, a consultant be retained by the Kawartha Region Conservation Authority to prepare a report for submission to and acceptance by the Minister of Natural Resources, on the provisions made by the member municipalities of the Kawartha Region Conservation Authority for future flood control and watershed interests and for the disposition of all assets and liabilities of the conservation authority." (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) 1— 17 John R. O'Toole, MPP, Durham East, advising that he wrote to The Honourable Ernie Eves, Minister of Finance for further information on the issue of gasoline taxes. The suggestion that gasoline tax revenues be used to fund municipal transportation is well stated. He would like to confirm, however, that the Ontario government places a high priority on improving our highway system. The amount spent on highways has increased in recent years. He stated that for example, in 1998-99 the Ontario Ministry of Transportation is spending $667 million for construction of provincial highways. This is the largest capital expenditure in the province's history. An additional $401 million is being spent this year on provincial highway operation and management. Mr. O'Toole indicated that it is his understanding that Ontario does not dedicate, or "earmark" provincial revenues obtained from transportation -related sources such as gasoline taxes or driver and vehicle registration fees. Summary of Correspondence - 6 - February 8, 1999 Ontario's Minister of Finance, the Honourable Ernie Eves, has indicated that dedicating tax revenues to specific expenditures could restrict the government's ability to set and meet the full range of economic and social policy priorities. Furthermore, this practice could lead to the misallocation of revenue if the funds generated are more or less than what is required to run a given program efficiently. As well, it is important to recognize that the federal government collects almost $2 billion a year from gasoline and fuel taxes and related GST from Ontario motorists. Federal areas of interest, such as national and regional economic development, international trade, and border crossings, all point to the need for a long-term federal commitment to assist in upgrading and maintaining highways in Ontario and across the Province. (Receive for Information) I — 18 Marion Albaum, Enbridge Consumers Gas, forwarding a copy of a Notice of Application and Notice of Written Hearing Franchise Approval for the Corporation of the Municipality ofClarington. (Receive for Information) I — 19 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on January 19, 1999. (Receive for Information) 1-20 Ernie Eves, Minister of Finance, advising that the date by which municipalities must establish by-laws to comply with the requirements of the Fairness for Property Taxpayers Act 1998, will be extended to February 28, 1999. This extension provides municipalities with an additional month to make their decisions. It is, however, important to businesses to have their final 1998 property taxes determined as quickly as possible. (Receive for Information) I — 21 Cynthia Mearns, Library Director, Clarington Public Library, advising of a confidential property matter. (A copy of the correspondence has been distributed under separate cover.) (Receive for Information) I — 22 Association of Municipalities of Ontario advising that some of the change over the last few years in municipal government was the result of the Association's initiatives and also forwarding a copy of a Member Communication Alert entitled "Regulation Forces Recognition of Seniority of Crown Employees." (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) Summary of Correspondence - 7 - February 8, 1999 1-23 Isabel Bassett, Minister of Citizenship, Culture and Recreation, regarding a resolution passed by the Town of Ajax and endorsed by the Municipality of Clarington that the Regional Municipality of Durham have its own grant review team. The Ontario Trillium Foundation's grant review teams' boundaries are based upon those used for the Ministry of Health's district health councils. Each of the grant review team's sub -committees were given an equal number of representatives on the team. However, the sub- committees will be given a notional budget allocation on a per capita basis to recommend grants under $25,000 to the board of the foundation. Therefore, the members representing the Regional Municipality of Durham sub -committee will have a significantly larger amount of money to recommend grants for local charities and not-for- profit organizations. The per capita funding for the Durham, Haliburton, Kawartha and Pine Ridge grant review team will be about $5.1 million. Based on a population of 458,616, the Regional Municipality of Durham's notional allocation will be about $3.1 million. (Receive for Information) CORRESPONDENCE FOR DIRECTION D — 1 Maureen Gmitrowicz, Vice -Chair, Child Poverty Taskforce advising that the Taskforce is a network of individuals, social agencies, health care professionals and churches in Durham Region. There are 14,000 children in Durham Region living on Social Assistance which provides an income way below the accepted poverty line. These children are deprived because we the public at large, have allowed ourselves to be persuaded that looking after our own is what matters and the less responsibility we have for those who can't keep up, the better. She is requesting the Council of the Municipality of Clarington to appoint one member of Council as a Child Advocate to raise public awareness about child poverty in our community and to be a liaison between the Taskforce and Council. (Motion for Direction) D-2 Fred Ross, Ministry of Citizenship, Culture and Recreation advising of the government's program to commemorate the millennium, Ontario 2000, regarding their Main Street Ontario funding initiative for communities. Main Street, Ontario provides municipalities, First Nations and local service boards with matching funds of up to 50 cents per resident or 50 per cent of the total cost whichever is less — from a minimum of $1,000 to a maximum of $350,000 per community. A minimum level was established in consideration of communities that have a small population base. Under Main Street Ontario, communities with fewer than 2000 residents are eligible for a matching grant of $1,000. The government wants to provide all communities with matching funds to ensure province -wide opportunities to commemorate the millenium. (Refer to Staff) Summary of Correspondence -8 - February 8, 1999 D — 3 Excerpt from the Town of Pickering Council Minutes of January 18, 1999 as follows: "WHEREAS in the Report Card from Ontario Campaign 2000 January 6, 1998, a Provincial arm of the Federal initiative to eliminate child poverty, it is identified that in Ontario, child poverty is growing at `an alarming rate'; and WHEREAS the goal of Ontario Campaign 2000 was to eliminate child poverty by the year 2000, however, since its inception in 1989, the number of poor children in Ontario has grown from 254,000 to 548,000, an increase of 116 percent; and WHEREAS the local food bank of St. Paul's on the Hill reports that in Pickering over 50% of its users are children under the age of eighteen compared to a percentage of 37% in Toronto; and WHEREAS the Provincial Minister responsible for children, The Honourable Margaret Marland, has stated that, despite the overwhelming evidence and suffering among a huge population of children, she does not believe that the numbers that have been revealed by Ontario Campaign 2000 and other independent organizations are accurate; and WHEREAS by ignoring the problem of child poverty and dismissing it as an issue that needs to be addressed, there is no hope of improving the plight of children in Pickering, Durham or Ontario and that the situation is bound to deteriorate further; and WHEREAS Pickering has dedicated its celebration of the Millennium to children and seniors in a motion unanimously adopted by Council in December of 1998; NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby calls upon the Provincial Government to acknowledge and address child poverty within Pickering, Durham and Ontario by working with local organizations and municipalities to understand the causes of child impoverishment in each community and implement solutions; and THAT by way of distribution of this motion to Ontario municipalities, local governments be asked to pass similar motions requesting that the Provincial Government live up to its commitment to stop child poverty as outlined in Campaign 2000 and work with local organizations and governments to solve the emerging crisis that is facing our most vulnerable citizens; and THAT this motion be further distributed to: Summary of Correspondence - 9 - February 8, 1999 1. The Honourable Margaret Marland, Minister Responsible for Children 2. The Honourable Janet Ecker, M.P.P. (Durham West), Minister of Community and Social Services; 3. Mike Harris, Premier of the Province of Ontario (Motion for Direction) D-4 Peter Delanty, Chair, Millenium 2000 Committee, Ganaraska Region Conservation Authority advising that the Ganaraska Region Conservation Authority is preparing an application for a Federal Government Millennium 2000 grant. This proposed project would create an ecology garden and demonstration park. It will be located on Ganaraska Region Conservation Authority property immediately behind the administration office and running to the Ganaraska River. The completion of the project will be accomplished through the grant funds, corporate support and community interest groups. Upon completion, the park and trails will act as a learning and information centre for school children and local area citizens. It will also be a welcome respite for travellers on the 401 and 28 highways. The committee is asking each Council within the watershed of the Ganaraska Region Conservation Authority to support, in principle, this grant application. (Motion to support in principle) D — 5 Lynn S. Buckner, Administrator/Treasurer, Municipality of Bayham, advising of a resolution passed by the Municipality of Bayham as follows: "WHEREAS Bill 106, the Fair Municipal Finance Act of 1997, came into effect January 1, 1998, intending to introduce a fair and accountable system of property assessment and taxation across the province by eliminating sizeable variations in the tax burdens of ratepayers owning similar properties; AND WHEREAS on December 18, 1998, the Province gave Royal Assent to Bill 79, the Fairness for Property Taxpayers Act, which protects small businesses from large property tax increases in response to concerns expressed by Ontario businesses that property tax increases resulting from Bill 106 were unmanageable; AND WHEREAS Bill 79 limits assessment reform -related property tax increases to 10 percent in 1998, and a further 5 percent in each of 1999 and 2000, calculations of which are to be provided by regulation; AND WHEREAS the changes resulting from Bill 106 and the `Who Does What' initiative have created additional responsibilities and work load for Municipal Staff resulting in additional expenditures incurred for overtime and for the amendments to information technology required to implement these changes; AND WHEREAS the Province has promised to assist municipalities with the cost burden of rebilling business taxpayers as required by Bill 79; Summary of Correspondence - 10- February 8, 1999 NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham hereby is of the opinion that Bill 79 voids the intent of Bill 106; AND THEREFORE urges all municipalities to lobby the Province to rescind Bill 79, or alternatively administer the Bill by utilizing Provincial staff, as municipalities will find it necessary to incur further expense in retaining additional staff support and education to implement the requirements of this Bill; AND BE IT FURTHER RESOLVED THAT this resolution be circulated to all municipalities, Minister of Finance, Minister of Municipal Affairs and Housing, MPP and the Association of Municipalities of Ontario for support." (Motion for Direction) D — 6 Earl S. Cuddie, Administrator -Clerk, Township of Scugog, advising of a resolution passed by the Township of Scugog as follows: "WHEREAS the Township of Scugog is situated on and around Lake Scugog and its watershed area; and WHEREAS the Council of the Township of Scugog recognizes and strongly supports the need for a collective voice in matters of environmental stewardship throughout our community and the entire watershed; and WHEREAS environmental linkups and impacts extend beyond municipal borders; and WHEREAS Kawartha Conservation has, through provincial statute, been charged with responsibility for stewardship and providing guidance and direction to the watershed municipalities and despite drastic funding cuts and staff reductions, has done so in a dedicated and effective fashion; and WHEREAS the municipalities must now rely on the services and expertise of the conservation authority with respect to assessing impacts on the environment; and WHEREAS any fragmentation of a watershed approach could only result in environmental degradation; Summary of Correspondence - 11 - February 8, 1999 NOW THEREFORE the Township of Scugog recognizes the value and need for a collective watershed approach and hereby declares its unequivocal support for the ongoing efforts and operation of Kawartha Conservation, and strongly urges watershed municipalities to do likewise and further, that this resolution be forwarded to all member municipalities urging continued support for the Authority." (Receive for information and advise the Township of Scugog of Council's earlier resolution of support) D — 7 D.B. McKenzie, 106 Clayton Crescent, Bowmanville, LIC 4N9, advising of concerns with respect to Report PD -11-99 (Draft Plan of Subdivision 18T-82037 and 18T-87087. (Refer to the Acting Director of Planning and Development for consideration in conjunction with the subject file) D — 8 Tony Middleton, Old Fire Hall Drum and Bugle Corps, advising that Old Fire Hall Drum and Bugle Corps is a youth organization in the community of Clarington and Durham. The organization is for youths between the ages of 7 and 21 doing all local parades and a chance to travel into the United States. Drum Corps is a year round activity that combines dance, percussion and brass sections to produce spectacular arrangements on a musical football field. To make this youth activity work they are looking for sponsors to help with anything they can for example: cheaper costs on products, different groups to help with fundraising events, money donations, advertising. (Refer to 1999 budget discussions) D-9 Sher Leetooze, Board of Directors, Bowmanville Museum, advising that the Bowmanville Museum Board is submitting an application to the Federal Government for funds from the Canada Millennium Partnership Program with the goal of reconstructing the Carriage House which once stood on the Museum property. They are requesting Council's support and assistance in this matter. (Motion to heartily endorse project) D - 10 Mark I. Jackman, Curator, Clarke Museum & Archives, requesting the Municipality of Clarington to proclaim Heritage Day on February 15`h and Heritage Week, February 15 — 21, 1999. (Motion to Proclaim) COUNCIL INFORMATION MINUTES JANUARY 19, 1999 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON MEMBERS PRESENT: Janie Dodds Simone Georges Mavis Carlton Vic Suppan David Jenkins Jeff Brooks Nancy Miller Steven Cooke Isabel Little Councillor Jane Rowe REGRETS: Linda Kiff, Les Jagoda, Bill Paterson ABSENT: Christopher Osborne, Warner Fehn Chair Janie Dodds presented the proposed Agenda. I-1 The question of the starting time and finishing time for LACAC meetings was discussed. It was members' belief that some meetings had carried on too late in the evening. 99-01 Moved by Simone, Seconded by Jeff, that the starting time for LACAC meetings be 7:00 p.m. with a finishing time of 9:00 p.m. unless the Committee decides otherwise for a special reason. CARRIED MINUTES OF MEETING OF DECEMBER 15, 1998 Janie raised Minute 98-60, asking if anyone remembered who seconded the Motion. Those present on December 15 remembered the discussion and that the Motion was approved. Therefore, for the record: 99-02 Minute 98-60 was moved by Simone, Seconded by David Osborne. CARRIED Jane Rowe pointed out that in the last paragraph on Page 4, it should be made clear that the LACAC Committee is the publisher of the Book. 99-03 Simone Moved, Steven Seconded, that the Minutes of December 15, 1998 be adopted as amended. CARRIED Lacac Minutes, January 19, 1999 Page 2 BUSINESS ARISING FROM THE MINUTES List of Tradespeople Jeff circulated the proposed letter to house owners. Several editing recommendations were made and the amended letter was passed to Isabel for mailing to owners of designated properties. Dates for completion of Committee Rules of Procedure. After discussion about alternative dates and conflict with various members' commitments, it was agreed that about 1/2 hour discussion be incorporated within the Agenda for the next couple of meetings. Bowmanville Book Janie asked for an update on status of the Book. Jane Rowe advised there was little to report. Jeff reported and read the letter that he had received from the Lieutenant -Governor, Hilary Weston to be included in the front of the book. Designations Members had been too busy over Christmas and the New Year as well as digging out from the snow storms to review the status of current designations. Vic Suppan commented that he did not expect to receive further information about the Log House in Darlington Provincial Park until the Park opens for the season. Regarding the request for designation from the owners of 68 Ontario Street, members who had viewed the property discussed the owners' listing. The ceiling medallion in the front entrance, the kitchen floor, some wainscotting, baseboards, door casings and window casements were commendable. The outside of the house was not significant and there were good examples of the style extant in Bowmanville. 99-04 Moved by Vic Suppan, Seconded by David Osborne, that certain interior features of 68 Ontario Street be designated. REJECTED Update of Primary Listings Vic recomended that the type of architecture should be included in the primary listings. Isabel commented that probably this information is available. Members were requested to review the properties listed to ensure their current status. The lists should be updated as soon as possible. Lacac Minutes, January 19, 1999 FINANCIAL REPORT Page 3 In Treasurer Linda Kiff's absence, Janie reported a balance of $4,138.50 as of December 31, 1998. 99-05 Adoption of the financial report as given was Moved by Vic Suppan, Seconded by Nancy Miller. CARRIED CORRESPONDENCE Membership in Community Heritage Ontario (CHO) Our membership is now due. 99-06 Moved by Nancy, Seconded by Steven that our membership in CHO be paid. CARRIED Heritage Week - February 15 - 21 1999 Information to be included in the calendar must be forwarded by January 22. Jane Rowe reported that the Sunday, November 28, 1999 Yuletide House Tour would be included. Simone to write a article for Heritage Week for the newspapers. House Tour Meeting A combined meeting regarding house tours is projected for Saturday, February 11, 1999 from 10:00 - 11:00 a.m. Vic advised that the main reason for attending and sharing the project was to obtain more volunteers for the arrangements. The proceeds would be shared 50/50. It is proposed that while the tour would be throughout Clarington, it would start and end in the Kirby area. 99-07 Moved by Simone, Seconded by David, that LACAC members attend the meeting. CARRIED Trades pamphlet It was agreed that preparation of such a pamphlet was premature. This pamphlet should be prepared after the letter is sent out and responses received. An ad-hoc sub -committee should be established. Lacac Minutes, January 19, 1999 NEW BUSINESS Jane Rowe reported that she had Workshop regarding Stewardship The workshop for Museums is to House in Kitchener on Tuesday, IDENTIFYING ARCHITECTURE Page 4 heard about an interesting and Maintenance of old buildings. be held at the Joseph Schneider March 23, 1999. Cost $31.10. As part of increasing the knowledge of LACAC members, Vic talked about various mouldings used in buildings in earlier days. Information sheets were circulated showing differences between various styles used earlier and those used today. Janie thanked Vic for his interesting presentation and suggested other topics could be covered in future meetings. ABSENTEE MEMBERS Janie mentioned that Warner Fehn had not attended meetings for some considerable time and that Chris Osborne had been transferred and apparently was moving out of town. 99-08 It was moved by Nancy, Seconded by Vic that we recommend to Council that their names should be removed as LACAC members. CARRIED Janie advised the next meeting would be on February 16. Nancy advised she would not be able to attend. There being no further business, Simone moved adjournment - NEXT MEETING 7:00 P.M. TUESDAY, FEBRUARY 16, 1999 NEWCASTLE COMMUNITY HALL .,1/2Z/99 23:37:38 EST: ASSOCIATIOt1 OF?-> 985 623 8830 Clerk - Municipality Page 882 I-7 JAN -22-99 FRI 04:39 PN ANO Member Communication cooxclW> otzMT�tl91 P. 01/01 Association of Municipalities of Ontario 393 Uniw To nto, ON Suite MSG iF6 Yel: (416lIzigi emell:� 9emomo,municom.wm Please ensure that copies of this are distributed to all Members of Council For Immediate Action January 22, 1999 Alert - 991002 AMO Requests Extension to January 31 st Deadline to Adopt Tax Caps issue: Municipalities liedo not have the time nor by the January tools to make ke important tax policy decisions regarding capping in uric Facts: AMO, together with the Association of Municipal Clerks and Treasurers of Ontario (AMCTO), the Association o Municipal Tax Collectors of Ontario (AMTCO), and the Municipal Finance Officers' Association of Ontario (MFOA), have written to the Minister of Finance requesting that the January 31a' deadline Act for 1998nor other tax al by-laws to adopt capping provisions under Bill 79, the Fairness for Property Taxpayers mitigation measures, be extended to Februar 28'" 1999. Without the appropriate tools that will allow municipalities to determine the Impacts of the caps on a property -by - property basis, it is impossible for municipal Councils and staff to make informed decisions by the deadline, Municipalities, in the past, have been criticized by the Province for making tax policy decisions without having conducted appropriate modeling. Why Is an extension critical? • The Province's Online Property Tax Analysis (OPTA) system that is to model the impacts of various capping options will not be available to municipalities until after the January 31151 deadline. • Municipalities did not receive the regulation which Identified howthe capping provisions would apply until after January 13. • Additional regulations governing special cases and restructured municipalities have not been released. atory • The would tclarify, in clehas notareand unded derstandable standable terms, what n or thenoptions are fornmunic including municipalities underr various capping regimes. • Even if the Province releases information in the next few days, time is running outfor municipalities to do the necessary work. Action: The Minister of Finance has received many individual requests from municipalities asking for an extension oft the deadline, No responses to these requests have yet been provided. Municipalities that will require additional time to decide on a capping option or to pass a by-law must write to the Minister of Finance requesting an Individual extension. This action will help support AMO's request for a blanket extension. AMC) will advise members if any extension to the January 31" deadline Is announced. This information Is available through AMO's MUNICOM network at www.municom.com, For more information contact:asBor emailPolicy Advisor, ®am Policy iand Government Relations at 416 971.9856 34 I-9 Clarington Museums ClarkeMuseum &Archives P.O. Box 152, Orono, Ontario, LOB 1 MO (905) 983-9243 E -Mail cma-chin@durham.net The regular monthly meeting of the Clarke Museum & Archives Board of Directors was held at 7:00 PM Tuesday January 5, 1999., at the Museum in Kirby. #1999-01. 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 Les Jagoda; Councillor, John Mutton; Recording Secretary/Treasurer, Gavin M. Stephenson REGRETS: Councillor, Troy Young ABSENT: Board Member James Hutchison Vice -Chairman, Valerie St. Croix opened the meeting. **99-01** Moved by Donald, Seconded by Angela, to adopt the agenda as presented. Carried. **99-02** Moved by Donald, Seconded by Jeff, to adopt the minutes of meeting #1998-12 - --- - .. Carried. BUSINESS ARISING FROM THE MINUTES "` - ------ None _ CORRESPOND NCF �0� /� dQJ 1. Gavin Stephenson, Clarke Museum & Archives, P.O. Box 152, Orono,U Ontario LOB I MO, to George Khouri in care of the Bowmanville Rotary Club re: the winning ticket from the Museum's 50/50 draw. 2. Nancy Taylor, Deputy Treasurer, Corporation of the Municipality of - Clarington, 40 Temperance Street Bowmanville, Ontario, LIC 3A6. Re: - -- release of bank information for annual audit. 1 OG L 7086 Ohl Kirby School R()ld, Hwy i5/1 1 5 .0 l w;ion Rd. 9 Kirby, Ont,uio Sandra Orellana, Security Link, 1350 Martin Grove Road, Etobikoke, Ontario, M9W 4X3. Re: Alarm permit for Durham Regional Police for 1998-99. 4. Marie A. Marano, Treasurer, Memo re Budget Corporation of the Municipality of Clarington, 40 Temperance Street Bowmanville, Ontario, LIC 3A6. Re: Budget Submissions. 5. Gavin Stephenson, Clarke Museum & Archives, P.O. Box 152, Orono, Ontario LOB 1 MO, to Marie Marano, re 1999 budget advance. Chairman G. Brian Jung arrived at 7:10 PM and assumed the chair. 6. John O'Toole MPP Durham East, Re Christmas greetings to the staff and Board of the Museum. Isabelle Bassett, Minister, Ministry of Citizenship, Culture, and Recreation, 6th Floor, 77 Bloor Street West, Toronto, Ontario, M7A 2R9. Re: The Museum's grant from the Community Museums Operating Grant Programme (CMOG) and changes to programme for 1999/2000. Jeff asked about the current standards and how changes to these standards would affect the Museum. Mark responded that the Museum currently exceeds the standards and that he expects that any changes to the standards would have little affect on the Museum but that other changes hinted at in the letter could be detrimental to the Museum continuing to receive a grant from the CMOG programme. RK4MWIRNMANIN••• Gavin presented the month end accounts and expenses for December 1998. **99-03** Moved by John, Seconded by Donald, that these accounts be paid as presented. (Attached). Carried. FINANCE COMMITTEE REPORT A written report was submitted by Angela and it will be included in the Museum's Annual Report. COLLECTIONS COMMITTEE REPORT Valerie submitted a written report to be included in the Museum's Annual Report MEMBERSHIP COMMITTEE REPORT Jeff submitted a written report to be included in the Museum's Annual Report. BUILDING COMMITTEE REPORT Les will be submitting his report later. CURATOR'S REPORT Mark reported that he is putting together the year end figures for the Museum and will present his report at the February meeting. Mark had a number of issues to bring to the attention of the Board of Directors. MAINTENANCE Mark detailed the following concerns of maintenance for the Museum: • Painting of the building in 1999. • Loading door of the Volunteer's Building still needs to be adjusted to prevent water from seeping under the door. • Eaystroughing over the loading door is still to be installed to help direct water away from the door. • Cleaning of the furnace ducts in the main building and repairs to the cold air returns. Mark has been made aware of a fatal virus which can be transmitted to humans and other animals from mice. • All scrap materials need to he removed from the basement and crawl space of the main building. • Paving of the gravel drives to the entrance of the Volunteer's Building and the Loading door. • Awning over the entrance door of the Volunteer's Building • Additional lighting for the east side of the Volunteer's Building, either on the building itself or on the hydro pole adjacent to the building, to increase public safety for evening workshops. • Tree removal as identified in 1998. COMMITTEE ISSUES Mark noted that the Finance Fundraising Committee and the Collections Committee should meet before February meeting. There are a number of issues to discuss including the new committee structure. Most important is ensuring that the committee is prepared to defend the budget at Council. A date for this meeting of the Board and Council is yet to be arranged. Mark has already confirmed that the Chair of Finance and the Treasurer will be present at this meeting. John recommends that Mark be there to help present the budget. Mark noted that several years ago he was told to not be present during these deliberations. Donald asked about the placement of Municipal signs to identify the Museum property. Mark responded that the signs are in the works, but cannot be installed now until spring. OTHER MATTERS/ -NEW BUSINESS Mark presented the list of Museum activities for next year, and asked for input on any changes to dates or additions to the list that the Board may wish to sponsor. Brian asked if it was possible to move the Board of Director's Open House to April 17, 1999 After checking with other Board Members the date was changed to April 17, 1999. Mark noted that there are a number of Board members who are regularly commuting from work in Toronto and a change should be made to allow these people more time to get to the meeting and possibly a chance to eat before the meeting. Brian expressed his appreciation to the change of meeting time for the Board of Directors to 7:30 PM from 7:00. Mark asked if the Board was interested in sponsoring an event for Heritage week February 15 - 21st. He noted that the Museum has traditionally asked Council to recognize Heritage Day February 15th. Donald asked if it was necessary to have a written report from the Activities & Promotions Committee. Mark responded that the written report is necessary under current policy but that this would the be the last such report as this is one of the committees that will be restructured. Brian asked that there be a brief recess at 7:46 PM for him to discuss a matter with Mark in confidence. The meeting resumed at 7:48 PM. Mark assumed the chair to allow for the election of officers for the Museum. The following Board Members were nominated: Chairman - G. Brian Jung Vice -Chairman - Valerie St. Croix Executive Secretary - Donald Igbokwe **99-04** Moved by Angela, Seconded by Donald the G. Brian Jung be acclaimed to the position of Chairman, and that Valerie St. Croix be acclaimed to the position of Vice -Chairman, and that Donald Igbokwe be acclaimed to the position of Executive Secretary. Carried. Mark noted that Brian was to appoint the Chairs of the three remaining Museum committees to be appointed. The Chair of the Meeting was assumed by Brian Brian asked for volunteers to chair the following Committees: Collections Committee Finance Fundraising Building Committee The following Board members volunteered, for the Collections Committee Valerie St. Croix, for the Finance Fundraising Committee, Jeff Brooks, Angela Hams, Donald Igbokwe, for the Building Committee, Councillor John Mutton. It was noted that under the new committee structure three members are required for Finance Fundraising. Brian expressed his preference to have Jeff Brooks chair the committee. Jeff accepted the position of chair with the remaining volunteers to serve at committee members. **99-05** Moved by, Les, Seconded by, Donald that the above appointments to the Museum's Standing Committees be confirmed. Carried. **99-06** Moved by Valerie, Seconded by Jeff that the next meeting of the Board of Directors be held on Tuesday February 2, 1999. at 7:30 P.M. Carried. **99-07** Moved by Troy, Seconded by Donald, that the meeting adjourn at 7:59 P.M. Carried. Gavin M. Stephenson, Recording Secretary G. Brian Jung, Chairman z CO C U •- N m m c c m O U V 7 N UJ N V V l0 OM C 00 nm00 Mml- t amMtn mU)OLOL000 co O Nm0 O<{mfl, O C M <O mQO��.-��.- V,n M. 01� E N LOM Q �ti 0 a a y m O O 'p OO O O d a a a p .. ° a= a m .. 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N_ cccc .N 'T 'N N �( C C Iry Q C c c 7 7 O) LLL LL LLLL C co MV% a CN 0 a) M O I (L 0)O 0 W e m o N v L w F O00 d c CM u °' a V 2 Lm (n N !qU p d U U U U U U F a) c 4) M E a m° w 0 m rn N 1 U r _j a d N O 0 O O aaa� p ... m w d d o 00 0 cn o 0)OO�a' N001 N c ca ��N N(�N C J Q U .1-N M M W F C ca \ C_)0000 L O C m U rn o 0) c Z cL O c Z O O COUNCIL INFORMATION I-13 1.1 3 23 PM .ay, Ken Reid Conservation Area, 277 Kenrei Park Road, R.R. #1, Lindsay, ON K9V 4R1 Local 328-2271 • Long Distance 1-800-668-5722 • Fax 328-2286 • e-mail: krca@lindsaycomp.on.ca January 21, 1999 Mrs. Patti Barrie, Clerk Municipality of Clarington 40 Temperance St. Bowmanville, Ontario LIC 3A6 RE: 1999 Proposed Budget Dear Mrs. Barrie: Enclosed please find a copy of the proposed 1999 budget of Kawartha Conservation for Council's review. The Board of Directors of Kawartha Conservation will vote on this budget and the municipal funding associated with it at their meeting of February 24, 1999. The vote will be weighted in accordance with the apportionment of municipal funding. In the case of your municipality, your representative will have a vote weighting of 5.0152%. There is no allowance for the voting of an alternate to your representative. Acceptance of the 1999 budget and associated municipal funding requires a 51 % "yes" vote of those representatives present for the vote. Yours very truly, Ian a. Macnab General Manager/ Secretary -Treasurer IDM/nf cc: Municipal representative on Kawartha Conservation RE YUERMATEREAL RE 111RIE-IRE A5 _t.L(�11 c TX-V_� 25� O J yO �oAmava� A MEMBER OF THE CONSERVATION ONTARIO NETWORK 1999 DRAFT BUDGET TABLE OF CONTENTS Page No. The Conservation Authority in Relation to the Municipality 1 Background to the 1999 Budget 4 Highlights for 1999 6 Revenue Sources 7 Programming 8-12 1999 Draft Budget, Statement of Revenue and Expenditures Schedule I 1999 Draft Budget, Schedule of Expenditures Schedule II Municipal Funding Apportionments Schedule III Kawartha Conservation 1999 Draft Budget The Conservation Authority in Relation to the Municipality Occasionally, the question is asked "Why should my municipality support a special interest body such as Kawartha Conservation?" or "What benefit does my municipality get from Kawartha Conservation?". Prior to considering the 1999 budget, we wish to address these types of questions. A conservation authority is not a special interest body. A conservation authority is formed by a vote of the municipalities within the region and is constituted under the Conservation Authorities Act of Ontario. In the case of Kawartha Conservation, nineteen out of twenty municipalities voted in favour of forming a conservation authority in July, 1979. Governance of the conservation authority comes directly from the municipalities. Each municipality appoints a representative to the Board of Directors. While municipal council may appoint a non -elected representative, usually the appointments are from council. Currently, the Board of Directors of Kawartha Conservation is composed of nineteen municipal councillors and two representatives appointed by council. Kawartha Conservation was created by the municipalities within the watershed specifically to act as their collective voice on matters pertaining to natural resources. This was done out of recognition that environmental concern can not be addressed effectively solely along municipal boundaries. The natural environment must be viewed and acted upon within a more natural boundary, such as the watershed. Therefore, Kawartha Conservation works for the benefit of the watershed, rather than the individual municipality. Municipal benefit from conservation must be viewed within the context of the whole watershed. If the watershed has benefit, then the municipality has benefit. Having said this, we can still relate municipal benefit to the programs undertaken by Kawartha Conservation. To wit: Land Use Planning > Kawartha Conservation acts as the municipal agent in environmental matters affecting land use planning. Without the conservation authority, the municipality would still require environmental input to planning matters. > Provincial restructuring has placed additional accountability for Provincial environmental policies at the municipal level. Kawartha Conservation acts as the municipal agent in such matters. > Recent Provincial withdrawal from handling of Federal fisheries matters has meant that the Federal Fisheries Act must be dealt with via Fisheries and Oceans Canada if a locally -2 - based organization can not be found and given Federal sanction to act. Kawartha Conservation has been sanctioned by Fisheries and Oceans to act locally on fisheries matters, thereby eliminating the need for municipalities to work through Fisheries and Oceans. Environmental Monitoring > By developing and operating environmental monitoring programs, Kawartha Conservation acts for the collective of watershed municipalities, providing the environmental information municipalities need to have regard for in their decision making. Flood Forecasting > Kawartha Conservation provides a collective means of monitoring water levels/precipitation and thus forecasting potential flood events. Without Kawartha Conservation, individual municipalities would be required by the Province to have in place an alternate flood forecasting system. Furthermore, each municipality would be accountable for upstream/downstream impacts of decisions made during a flood emergency. Liaison and Partnerships > Kawartha Conservation works with a variety of organizations, groups, and businesses to accomplish environmental programming requirements effectively and efficiently. > Through partnerships, Kawartha Conservation finds new funding sources which offset programming costs which otherwise would need to be borne at the municipal level. Partnership funding also permits conservation programs to expand beyond a minimum base level, to the benefit of all parties involved. Conservation Information > Kawartha Conservation can and does supply a range of environmental information to municipal residents. Promotion of conservation and natural environment values is an important function if we are to instill an understanding of the importance of having social regard for the environment. > Provincial surveys have indicated that conservation authorities and the work they do are the "best kept secrets in Ontario". Traditionally, conservation authorities have quietly gone about their important work and have been taken for granted by the general public. More needs to be done to educate people; education and knowledge at the individual level may lessen the need for publicly funded remedial work in the future. Conservation Lands > The primary purpose for having conservation lands in public ownership is to protect a natural environment value, such as a headwaters source area for streamflow or a significant -3 - wetland complex. > Properties are available as regional natural areas to residents of all municipalities. It is recognized of course that those people living closer to these areas have greater opportunity of utilizing them. Still, availability of access is assured to all. M Background to the 1999 Budget The following presents a synopsis of Kawartha Conservation history and recent restructuring as background to the 1999 budget. > Kawartha Conservation was formed in 1979 by a vote of the twenty municipalities within the watershed. > From 1980 through 1995, conservation programming was funded jointly by the Province and watershed municipalities. In the early eighties, Provincial funding accounted for approximately 65% of revenues. By 1995, Provincial funding had dropped to approximately 48% of total revenues. > In November of 1995 the Province issued an Economic Statement which dramatically reduced future funding to the conservation authority. Consequently, actual operating levels for conservation programming dropped from $681,160 in 1995 to $312,255 in 1996 (a 54% reduction). This necessitated Kawartha Conservation to restructure its organization and programming. > The restructuring plan, approved by the Board of Directors in January 1996, took the following key actions: 1) All thirteen full-time permanent employees were terminated. Six of the terminated staff were then re -hired as part-time contract employees (4.75 full-time equivalents). 2) Conservation education programming with school children and conservation services work (forestry, erosion control, stream rehabilitation) on private lands was stopped. 3) Focus was directed to programming which would position Kawartha Conservation as an environmental information provider to watershed municipalities. This was done in recognition that, with ongoing Provincial restructuring, Provincial resource ministries would no longer be available to provide services to municipalities. Furthermore, Provincial downloading would give responsibility for carrying out Provincial environmental policy to municipalities. Hence there was a clear need for an environmental agency at the municipal level. Kawartha Conservation addressed restructuring activities within the 1996 -2001 business plan. Fortuitously, restructuring was completed ahead of the 2001 schedule. As a result in the 1998 budget and again in the 1999 budget, attention has been given to advancing Kawartha Conservation as an environmental information provider. A new business plan is also concurrently being developed for the time period 2000 - 2004. > As Kawartha Conservation has addressed the requirements of restructuring as well as the need to assume additional responsibilities on behalf of watershed municipalities, it has become evident that additional staff time is necessary. Specifically, additional time is to be committed to land use planning activities and environmental monitoring. Two existing technical staff will be brought to thirty-five hours per week and a biologist will be added. This -5 - staffing compliment positions Kawartha Conservation to meet the increasing demand for environmental services pertaining to land use planning and addresses the need to gather environmental information to meet responsibilities passed from the Province. D-21 Highlights for 1999 Key aspects of the 1999 budget are: > The budget has increased 15% over 1998. This growth is attributable to: - additional Provincial grants of $20,250 (250% increase from 1998) - additional 'other revenues" of $17,000 (61 % increase from 1998) - additional municipal funding of $8,700 (3% increase from 1998) > Two technical staff positions are made full-time contract employees in response to workload demands within land use planning, environmental monitoring, and flood forecasting. > A third technical staff (biologist) is hired full time under contract for nine months of the year. This is in response to the need for greater emphasis on environmental monitoring and information gathering. As well, the position inputs to land use planning and enables Kawartha Conservation to fully address Federal fisheries needs on behalf of watershed municipalities. The position will also co-ordinate the creation of a computerized data management system (GIS). > In consultation with Sir Sandford Fleming College, a GIS format will be developed to house and manage environmental information and land use planning functions. > The non-technical staff positions will remain as part-time contract employees. > Noteworthy statistics from the budget are: - Municipal funding as a percentage of total budget is 9.25% less than in 1998. - almost 40% of 1999 expenditures are in those categories (land use planning, environmental monitoring and flood forecasting) directly related to our role as an environmental information provider. This compares to slightly less than 29% in 1998. - combined program spending that directly relates to public service accounts for 65.5% of the 1999 budget. This compares with 54.25% in 1998. - Spending on corporate services as a function of total budget has dropped 2.6%. -7 - Revenue Sources Based on 1998 actuals, Provincial grants are forecast at $28,250 for 1999. While these grants are an increase from recent years, they remain strictly connected to flood forecasting, watershed planning, and related administrative programming. We have taken the opportunity of applying for grant to replace flow gauging equipment and initiate a computerized information data base (GIS). It must be borne in mind that Provincial grant must be matched by municipal funding. Other revenue sources provide $45,000 for 1999. This is an increase from the $28,000 budgeted from other revenue sources in 1998 and demonstrates Kawartha Conservation's continuing commitment to expanding the revenue base for conservation programming. For 1999, $4,000 is budgeted from our Reserve for Conservation Initiatives. This reserve has been established specifically to allow conservation projects to proceed which could not if dependent upon present year revenues. In 1999 funds from the Reserve for Conservation Initiatives will go towards enhancing the beach area and associated playground at Ken Reid Conservation Area. Municipal funding has increased by 2.9% for 1999. This is the first increase in municipal funding since 1994. Such a modest increase is necessary if we are to be in a position to provide our watershed municipalities with environmental information needed for decision making. Specific to this end, additional funding is required to adequately meet our role within municipal land use planning and environmental monitoring programs; to provide appropriate staff expertise for environmental decision making and the fulfilment of our responsibilities to our municipalities; and, to attain a usable computerized information system (GIS). Of interest to note, municipal funding as a percentage of total revenue has decreased 9% for 1999. Municipal funding is apportioned on the same basis as was done for the 1998 budget. Use of the 1998 apportionment formula is necessary as the Province has yet to release a new funding formula. 0 Programming Land Use Planning With Provincial ministries no longer providing natural resource management services to municipalities, there is a need for a collective municipal voice in this field. The conservation authority functions on behalf of the watershed municipalities in planning related matters pertaining to flooding, erosion, stormwater, and natural heritage. A formal agreement on these matters is in place with the Region of Durham and pending for Victoria County. In September 1997, the Ministry of Natural Resources withdrew services under Section 35 of the Federal Fisheries Act. This action meant that fisheries matters within municipal planning documents would no longer be dealt with expeditiously at the local level but rather through the Federal government. In response to this situation, Kawartha Conservation signed an agreement with the Federal department of Fisheries and Oceans to fulfil Section 35 functions at the local level. Land use planning activities throughout the watershed have steadily increased since 1995. In particular, plans of subdivision that had been pending are now being brought forward. While the increase in land use planning activity is considered "good' in terms of economic growth, the increase does add more responsibility and time requirement to the plan review activities of Kawartha Conservation. With added functions being taken on by Kawartha Conservation and increased development activity, there is a need for additional staff time and expertise. To address this, the 1999 budget component for land use planning has existing staff working full-time and brings on an additional staff position, a biologist. The biologist time is shared between land use planning and environmental monitoring. The development of a GIS information management system is also being developed for land use planning purposes and again, this is cost shared with environmental monitoring. The additional staff time, the biologist position and the GIS work result in an increase in land use planning expenditures to $72,700 for 1999. Environmental Monitoring Environmental monitoring is directly tied to land use planning. It is essential that Kawartha Conservation develop and maintain a sound monitoring and information data base if we are to meet the needs of watershed municipalities in terms of environmental decision making. To date, Kawartha Conservation has focused on water quality and bird populations within its monitoring efforts. Amphibians, reptiles, and benthic macroinvertebrates will be added to the monitoring program in 1999. Again, as with water quality and bird population monitoring, Kawartha Conservation will work with volunteers to collect data. It is clearly recognized however that the co-ordination of all environmental monitoring programs requires additional staffing expertise and time commitment. Hence a biologist is to be hired during 1999 to co- in ordinate all monitoring efforts and input findings/information to land use planning activities. The biologist position costs will be shared between environmental monitoring and land use planning. In addition to collecting significant environmental information, there is a recognized need to format such information is such a fashion so as to maximize its usefulness. To this end , Kawartha Conservation is developing GIS capabilities in cooperation with the GIS program at Sir Sandford Fleming College. The cost of this work is shared between environmental monitoring and land use planning. While GIS capabilities are integral to our programming, we also recognize the potential of marketing GIS services for revenue generation. With additional staff time and expertise and the development of a GIS system, expenditures within environmental monitoring rise to $55,600 in 1999. Flood Forecasting Kawartha Conservation continues to provide a flood forecasting and monitoring program in order to predict potential flooding situations. This meets the provincial requirements for flood forecasting and alleviates the need for individual municipalities to establish a system of their own. Furthermore, by acting collectively through their conservation authority, member municipalities achieve an economy of scale and ensure a watershed wide unified approach to flood analysis. Flood forecasting and monitoring involves snow course data collection and monitoring water flows and precipitation levels at designated gauge stations. In addition, weather data is collected by volunteers and put into our system. A communication system is in place to advise municipalities of hazards and necessary precautions in order to save lives and prevent property damage. Assistance is provided to municipalities for the development of municipal flood contingency plans. An additional requirement for 1999 is the upgrading of streamflow data collection equipment. Existing equipment is now beyond its life expectancy and consequently malfunctions are periodically occurring. Replacement is the solution. Total expenditure for flood forecasting is $26,500 in 1999. The increase is primarily attributable to equipment replacement. Liaison and Partnerships There are two aspects to liaison and partnerships. Firstly, by working with other agencies, organizations and community groups, we can accomplish more than we could working in isolation on our own and our costs can be either reduced or eliminated. Secondly, the continuing development of new partnerships provides for new sources of revenue to be found. -10 - Examples of liaison and partnerships, with outcomes, include: 1) John Howard Society: community work orders help maintain conservation area trails and provide new picnic tables. 2) Sir Sandford Fleming College: student projects have completed management plans for conservation lands; developed environmental sampling protocols; assist with cartography projects. 3) Pickseed Canada: has sponsored ($900 in 1998) bird monitoring and feeding programs at Ken Reid Conservation Area. 4) Friends of Kawartha Conservation: run conservation events and fundraise for Kawartha Conservation. In 1998, Friends' Family Fun day brought 538 people to activities at Ken Reid Conservation Area and Friends' Dinner -roast for Conservation raised close to $10,000. 5) Victoria Land and Water Stewardship Council: has sponsored water quality monitoring ($900 in 1998); partnered with Kawartha Conservation on a shoreline naturalization symposium and a related brochure; partnered with us on an environmental services directory; and worked with the farming community to reduce cattle access to streams and thus benefit water quality. 6) Rotary Club of Lindsay: sponsored water quality monitoring on Sturgeon Lake through a $600 contribution to Kawartha Conservation. 7) Partners in Conservation: this corporate program of Kawartha Conservation provides links to local business for promotion and funding. Our first corporate partner, Coldwell Banker Kent Place Realty, provides $50.00 for conservation programming from every business transaction. In 1998 this funding helped sponsor a conservation bus tour, playground/beach development, trail maintenance, and the Youth for Conservation Endowment Fund. Total expenditures within liaison and partnerships is decreased for 1999 to $61,000. The decision to decrease expenditures with this category allows for additional effort to be placed within the category of conservation information as well as land use planning and environmental monitoring. Conservation Information Conservation information involves promoting conservation across the community and working with schools, youth groups and others to advocate for the importance of environmental conservation. For 1999, more effort is being given to recognizing the many volunteers that work with Kawartha Conservation, promoting conservation areas in tourism directories, preparing an annual report and other publications on conservation activities, and working with youth groups on conservation projects within the community through the Youth for Conservation Endowment Fund. With additional promotion and community work, expenditures within conservation information have been expanded to $23,600 for 1999. -11 - Conservation Lands Conservation lands continue to be a focal point for public contact. All conservation areas are designed for passive family outdoor recreation and nature appreciation with an emphasis on bringing the visitor into closer contact with the natural environment. The protection of flora and fauna and the management of habitat ensures the continuation of these natural focal points for future generations. Kawartha Conservation manages four properties: 1) Ken Reid Conservation Area > acquired in 1981 for $200,000 of which the watershed municipalities contributed $20,000. > the property is 110 hectares of open meadow and forest bordering on the McLaren's Creek marsh. > the purpose of acquisition was protection of the adjacent marsh and the creation of a conservation area focal point adjacent to the watershed's major urban area (Town of Lindsay). > activities/facilities include a swimming beach, hiking trails, cycling trails, picnic shelters, organized group camping, Lindsay Boys and Girls Club summer programs, wetland viewing, canoe launching, and cross country skiing. > the former rail line corridor now being developed for hiking, cycling, horseback riding and snowmobiling, runs through the property. 2) Pigeon River Headwaters Conservation Area > acquired in 1984, at no cost to the watershed municipalities, using a private donation of $125,000. > the property covers 125 hectares of forest and meadow near the headwaters of the Pigeon River. > the property was acquired to protect headwater source areas (springs, seeps). > activities/facilities include forest trails, picnic shelters, and stream rehabilitation works (improvement of brook trout habitat). 3) Fleetwood Creek Natural Area > acquired in 1985 in partnership with the Ontario Heritage Foundation (OHF). > acquisition was made possible, without municipal cost, through a private donation of $367,000. > in order to maximize the available tax benefit for the donor, title to the property went to the OHF; Kawartha Conservation operates and manages the property on behalf of the OHF and all costs are borne by the OHF. > the property covers 365 hectares of headwater valleyland and was acquired for the purpose of protecting the Fleetwood Creek source area. > facilities/activities are limited to hiking trails. -12- 4) Dewey's Island Natural Area > acquired in 1994 as a cooperative venture with the Trent Severn Waterway, the Ontario Heritage Foundation, and the Nature Conservancy of Canada; Kawartha Conservation's financial commitment was $25,000 of the $125,000 total cost. > title to the property, for tax purposes, rests with the nature Conservancy of Canada. > the 31 hectare property, located adjacent to the Rosedale locks, was acquired to give protection to the bordering wetland complex. > no development activity has occurred on the property but existing trails are used by neighbouring cottagers. Conservation area expenditures include upkeep/maintenance of roads and trails, picnic areas/shelters, marsh boardwalks, swimming beach, and children's playground. Property taxes for Ken Reid and Pigeon River Headwaters are also part of the total expenditure. In addition to routine operations and maintenance, the 1999 budget covers the completion of the beach improvements and playground facilities at Ken Reid which were initiated in 1998. Total expenditure on conservation lands for 1999 is thus increased to $76,200. Corporate Services Corporate services encompass activities of an administrative nature that cannot readily be assigned to programming overhead. This includes items such as Board of Directors expenses, financial accounting, routine office expenses, travel and municipal meetings. Experience from 1998 showed that administrative functions, particularly municipal and provincial meetings, took more senior staff time than anticipated. Nevertheless corporate service expenditures have been held to $72,950 for 1999 and the corporate services component of the total budget has actually decreased by 2.6%. This is a reflection on our continuing focus and commitment to technical programming. KAWARTHA CONSERVATION 1999 DRAFT BUDGET STATEMENT OF REVENUE AND EXPENDITURES EXPENDITURES Land Use Planning - Scheduleu Draft 72,700 Budget Budget 32,200 1998 1999 REVENUE 21,200 26,500 Municipal funding $ 302,600 $ 311,300 Government grants 8,000 28,250 Donations 5,000 12,000 Corporate sponsors 7,500 8,000 Land Use Planning 9,000 10,000 Interest income 3,000 5,000 Management fees 2,500 3,500 Rental fees - 3,000 Employment grants - 2,000 Conservation Area fees 1,000 1,500 Reserve for Conservation - 4,000 338,600 388,550 EXPENDITURES Land Use Planning - Scheduleu 43,800 72,700 Environmental Monitoring - Schedule 11 32,200 55,600 Flood Forecasting - Schedule a 21,200 26,500 Liaison and Partnerships - Scheduleu 68,700 61,000 Conservation Information - Schedule a 16,000 23,600 Conservation Lands - Scheduleu 80,500 76,200 Corporate Services - Scheduleu 75,500 72,950 Appropriate to reserves - Schedule 11 13,700 - 351,600 388,550 Surplus/(Deficit) $ (13,000) $ Schedule I KAWARTHA CONSERVATION 1999 DRAFT BUDGET SCHEDULE OF EXPENDITURES FLOOD FORECASTING (page 2,9) Direct labour Overhead Supplies Utilities Travel Gauge station upgrade LAND USE PLANNING (page 1, e) Direct labour Overhead Engineering costs Supplies and equipment Travel GIS system ENVIRONMENTAL MONITORING (page 2, 9) Direct labour Overhead Supplies and travel New program development GIS system CONSERVATION INFORMATION (page 2,10) Direct labour Overhead Supplies Volunteer recognition Promotion and information Annual report Budget 1998 $ 15,850 2,450 600 1,600 700 21,200 34,200 5,950 2,000 350 1,300 43,800 27,200 3,500 1,500 32,200 13,300 2,100 600 16,000 Draft Budget 1999 $ 16,900 1,700 600 1,600 700 5,000 26,500 55,000 7,000 2,000 400 1,300 7,000 72,700 39,900 5,200 1,500 2,000 7,000 55,600 15,700 1,700 700 1,000 3,500 1,000 23,600 Schedule II KAWARTHA CONSERVATION 1999 DRAFT BUDGET SCHEDULE OF EXPENDITURES LIAISON & PARTNERSHIPS (page 2,9) Direct labour 59,200 Draft Overhead Budget Budget Supplies 1998 1999 CONSERVATION LANDS (page 2, 11) 1,500 1,500 Direct labour 41,800 43,200 Overhead 7,000 7,000 Supplies 5,000 5,100 Vehicle and equipment usage 5,600 5,600 Property taxes 7,600 7,800 Utilities 3,500 3,500 Capital works 10,000 4,000 80,500 76,200 LIAISON & PARTNERSHIPS (page 2,9) Direct labour 59,200 53,200 Overhead 7,000 5,300 Supplies 1,000 1,000 Travel 1,500 1,500 Supplies and postage 68,700 61,000 CORPORATE SERVICES (page 12) Direct labour 53,450 54,100 Overhead 7,000 7,000 Members expenses 7,000 6,600 Travel 2,700 2,800 Supplies and postage 5,350 2,450 75,500 72,950 Appropriate to reserve 13,700 - $ 351,600 $ 388,550 Schedule II c i ( (% Z W C9 N 00 M O (n N W N T N M N n N n O N M M 00 a m M N 00 c0 00 00 (D M Ol O a f0 N O O O Z r a N 4 r• n 6 4 0 0 7 6 GO M 0 0 O 6 a 0 N o Z¢ Q W = U T (A W (D N 00 r W M O V- st N Of a N N 0 (n N m 0 (O M( 7 0 a0 N a a O r w (» F- W U' Z _ rn M n m N N N (n to (o M v� N v� N ao M n W rn n N o0 N 0 W o M co W n N Z I.7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O W Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OD N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ¢ Z= 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O U W O T Z _ H Q NV LL ZLL O M 60 N N a V V1 N (O O N eD (O N a �- W M .- (6 0 r W M u0] r (4O N M M N N N n .- c0 .- M O N N O N O a M a (A O) m O U' Z _ rn M n m N N N (n to (o M v� N v� N ao M n W rn n N o0 N 0 W o M co W n N ro 0 o O .- Q N W W (") N N O n N oD N O m O Y'1 rn Ol u'1 N N N ONi O a0 O O N }} F_ J ¢ z a O Z C7 g U O w m (9 Dj o¢¢ (n W j w ¢ (9 = w o Z Z U Q} Q z J Z o Ul m O M Z Q O N M (9 M O M O T N (O (p a l0 O M O O (. N r CO n N (•f Op (n .- O 0 OCT Ol c0 ch (O M N 00 O N OD N M N n n M 0 00 O N W O M F- ZC W W Z Of O mp QO a a ¢ W F Z W W a n `t N N lD n O Y N N N •f (D O O N _ N It O O a O N N O N r m O O O n m W N N t(1 N O m N O O V W n w M W N w N 6 (O w W 6 M N 00 6 M W O T Z _ Q NV LL ZLL O M 60 N N a V V1 N (O N N eD (O N a �- W M .- (6 0 r W M u0] r (4O N M M N N N n .- c0 .- M O N N O N O M (A F - O Z W m Z~7 rn O O F a ¢ W U Z W a N (NO n Ol O N �! a NO N N O n N oD N O m O Y'1 rn Ol u'1 N N N ONi O a0 O O N }} F_ J ¢ z a O Z C7 g U O w m (9 Dj o¢¢ (n W j w ¢ (9 = w o Z Z U Q} Q z J Z o Ul m O M J ¢ w O Z W2 LL W w O F- Z p a Z w n F (n Y X w m O J W J W O z W¢ LL O 2 U a O w J o (n w¢ > z 2 F - Z W m Z~7 rn O O F a ¢ W U Z W a N (NO n Ol O N �! a NO N N O n N oD N O m O Y'1 rn Ol u'1 N N N ONi O a0 O O N 0p M T m N w u0"i OD w N W O o w C B Q d `m n g v a F- ZC W W Z Of O mp QO a a ¢ W F Z W W a n `t N N lD n O Y N N N •f (D O O N _ N It O O a O N N O N r m O O O n m W N N t(1 N O m N O O V W n w M W N w N 6 (O w W 6 M N 00 6 d N w C C v FL L H " " ¢ 0 01/25/99 23:84:55 EST: ASSOCIATION BF?-> J -25-99 MON 04:14 PM AMO Member Communication Alert 905 623 0030 clerk - Municipality Page HOZ co"R`fd"q�"Im P. 01 1-14 ®® Association of aArth Municipalities �4° y of Ontario �UU393 UniversityAvenue, Sulte 1701 A Tamnto, ON M5G 1E6 Tal: (419) 971-9859 • fax: (419) 971.6191 emetl: amo®emo.munlcom.aom Please ensure that copies of this are distributed to all Members of Council For Immediate Action January 25, 1999 - Alert - 981003 Model Franchise Agreement - Update on AMO's Progress Issue: Ensuring that the Model Gas Franchise agreement continues to reflect municipal Interests. Background: Municipalities benefitted from a Model Franchise Agreement that was developed in the 1980's byAMO, the gas distributors and the Ontario Energy Board (OEB). A handbook accompanied the agreement, outlining its components and what they meant for day-to-day business operations. The Model Agreement provided a 20 year -term for the initial agreement. In terms of renewals, the Board in its decision EBO.125, stated a 10 to 15 year term would be adequate, Members have asked AMO to Initiate a review of the Model Agreement and to re-establish the committee that did the original document. AMO wrote to the OFB Chair, Floyd Laughren, requesting that he: i) re-establish the committee to review the existing model agreement and, ii) Issue an interim order for those municipalities wishing to extend existing agreements that are coming up for renewal. Status-, The OEB Chair has agreed that re-establishing the committee has merits since"recent changes to legislation will affect the way both the municipalities and the gas utilities conduct their business activities. Re -activating the committee will provide an opportunity to reviewthese changes and determine the extent to which the model franchise agreement, which has been in place since 1987, requires amendment," Mr, Laughren also says it is unlikely that the committee will meet formally until the second quarter of 1999, given the Board's heavy workload related to the implementation of the Energy Restructuring Act and other matters. AMO, along with the two large gas distributors (Union and Enerbridge) have agreed to meet to identify the issues and to scope them if possible, AMO has hired a consultant to asslst in this work and is involving municipal engineers (through the Municipal Engineers Association) as well as legal assistance. Mr. Laughren has advised that the OEB is not prepared to issue an Interim order which would apply to all expiring franchise agreements. In the past, interim orders have only been issued on a case by case basis. The Chair, however, has Indicated that "any reviewshould consider ways in which municipalities, whether they have recently renewed their franchise agreements or not, could take advantage of changes resulting from the negotiation of a new model agreement." Municipalities are advised to have this discussion and to seek assurances from the gas distributor of their intent in this regard. AMO will keep its members informed as the discussions proceed, This information is available through AMO's MUNICOM network at www.municom.com- For more information contact: Pat Vaninl, Director of Policy and Government Relations at 416 971-9856 ext,316 or email pvaniniCamo.municom.com COUNCIL INFORMATION I-16 AGN 28 � oz PHegg Ken Reid Conservation Area, 277 Kenrei Road, R.R. #1, Lindsay, ON K9V 4R1 Local 328-2271 • Long Distance 1-800-668-5722 • Fax 328-2286 • e-mail: krca@lindsaycomp.on.ca January 25, 1999. TO: All Members of the Board of Directors of Kawartha Conservation RE: February 11th Meeting and Vote on the Dissolution of Kawartha Conservation Please be advised that motions calling for the dissolution of Kawartha Conservation have now been received from the Village of Bobcaygeon, Village of Omemee, and the Township of Manvers. As a result, a meeting has been scheduled for a formal vote on this matter. The meeting will be held at the offices of Kawartha Conservation on February 11, 1999 beginning at 7:30 p.m. Prior to the vote on dissolution being taken, the public will be allowed to speak either for or against dissolution. MOT ION TO DISSOLVE The suggested motion that will come before the Board of Directors is: Resolved, That, the Lieutenant Governor in Council be requested through the Minister of Natural Resources to dissolve the Kawartha Region Conservation Authority, and towards this end, a consultant be retained by the Kawartha Region Conservation Authority to prepare a report, for submission to and acceptance by the Minister of Natural Resources, on the provisions made by the member municipalities of the Kawartha Region Conservation Authority for future flood control and watershed interests and for the disposition of all assets and liabilities of the conservation authority. MEETING FORMAI' _ We envision the format of the meeting to be as follows: > a quorum for this meeting will be two-thirds of the members of the card of Directors (14 of 21). ® goa ^FMYOIMhI1ML MWIIYI �vYWI! > Chair Tom Crowe will open the meeting and request &t aWrd party independent Chair be appointed for the purpose of running the meeting. -. I oeuVOr A MEMBER OF THE CONSERVATION ONTARIO NETWORK -2- > Assuming concurrence from the Board, the meeting Chair will come forward. The meeting chair will run the meeting, keeping order, but will not otherwise participate. > The meeting Chair will outline the rules of the meeting. These include: 1. For public presentations: determination of names of all persons wishing to speak (put onto a list); a five minute time limit for each presentation; each person will only speak once; there will be no interruption of speakers; there will be no debate between public speakers; the Board of Directors may ask questions of the speakers following each presentation; there will be no speaking up after the public presentations are closed; those members of the public wishing to speak for the motion will be heard first and those speaking against the motion will be heard last. 2. For the Board of Directors debate on the motion : debate will follow the public presentations; debate will be based upon Roberts Rules of Order, with key rules being as follows - the mover of the motion is entitled to speak to the motion first; the mover is not entitled to end debate (speak last); no member shall speak to the motion more than twice; no member shall speak longer than ten minutes at one time; the mover of the motion can vote against the motion but cannot speak against it. For the vote: a two-thirds majority of those members present is required for the vote to carry; the vote of any member abstaining from voting will be taken as a vote against the motion (a "no" vote); voting will be done by members standing to be counted for or against the motion; if a recorded vote is requested, the clerk will call the roll, beginning with the mover and seconder, and members will respond "yes" or "no". 4. If a mover and seconder for the resolution is not obtained, then the meeting Chair will ask permission of the Board of Directors to hear members of the public on the question of dissolution prior to adjourning the meeting. > The meeting Chair asks that the motion to dissolve be read and seeks a mover and seconder from the Board of Directors. > The lists of public presentations to be heard are confirmed and the public presentations made. > The Board of Directors debates the motion. > The vote is taken. > The meeting is adjourned. REPOR77NG TO THE PROVINCE FOLLOWING A VOTE TO DISSOLVE We wish to clarify what happens if the vote on dissolution carries. It is not simply a matter of walking away from the conservation authority. Following such a vote, there will be a consultant retained to -3 - prepare a report on dissolution for the Minister of Natural Resources. This report would follow the framework to guide decision making on conservation authority restructuring/dissolution as prepared by the firm KPMG for the Ministry of Natural Resources. We obviously have no exact costing on such a report but internally we estimate that it would be $50,0000 to $75,000; a Provincial staff person has indicated that it may exceed $100,000. These costs will be borne by the municipalities of Kawartha Conservation. The report will document to the Minister of Natural Resources a detailed review of conservation authority structure and operations and recommendations for further actions by the municipalities. The framework guide is attached and your attention is drawn in particular to Appendix B, the table of contents for a report on dissolution. Note also references to dissolution and the responsibilities of municipalities on pages 1, 2, 3, 7, 8, 10, 11, 13, 14, 15, 16. If the report is accepted by the Minister of Natural Resources, the Lieutenant Governor in Council may dissolve the conservation authority. This is a "may" although dissolution would be expected. The physical process of winding down the conservation authority and gearing up the municipalities to assume their new responsibilities would then occur. TIME FRAME FOLLOWING DISSOLUTION From a timing standpoint, we believe it might take 6 to 8 months to complete the dissolution report, another 3 months for MNR review and 2 or more months to have dissolution proclaimed. All the while this is happening, the conservation authority would still have its present legal responsibilities to continue operations. Following announcement of dissolution by the Lieutenant Governor in Council, the winding down of the conservation authority and assumption of conservation responsibilities by municipalities could take 6 months to I year. In total, it may take upwards of two years following a vote to dissolve, before the conservation authority is completely gone. MUNICIPAL RESPONSIBILITY AND LIABILITYFOLLOWING DISSOLUTION While not intending to sound alarmist or self serving, it must be made very clear to every member of the Board of Directors and their municipal Council, that not having a conservation authority does not alleviate either the municipal liability for or burden of responsibility for environmental matters, and does not eliminate associated costs. Without a conservation authority to act on behalf of the collective, each municipality as a minimum will have to put in place a flood forecasting and warning system and take action in regard to natural heritage and natural hazard matters associated with planning activities as outlined in the 1997 Provincial Policy Statement. It is our belief that this will be more costly, either to your specific municipality or as a cumulative total across the watershed municipalities. It will certainly be extremely difficult to coordinate efforts between individual municipalities in order that actions in one municipality do not cause environmental harm within another municipality; natural systems do not work nor regard political boundaries. Another major question of dissolution is what do the municipalities do with conservation lands? These could be titled to the hosting municipality but are they willing to assume all of the associated operating/management costs and administrative (health and safety) responsibilities accompanying ownership of such public lands? The lands can be sold off. If sold to private enterprise, it is likely that associated conservation values, such as protection of significant wetlands and headwater source areas, would be lost. Moreover, any Provincial funds originally put into the lands will have to flow back to the Province. -4 - We hope that all of the above helps Council to understand all of the many ramifications that are involved with dissolution and that both Council and Council's conservation representative will carefully consider all matters leading to an informed vote on February 11, 1999. Yours very truly, Ian I). Macnab General Manager/ Secretary -Treasurer c.c. Councils of the Municipalities forming Kawartha Conservation w Ken Reid Conservation Area, 277 Kenrei Road, R.R. k1, Lindsay, ON K9V 4R1 Local 328.2271 • Lono Dislante 1.800.668-5722 • Fax 328-2286 • e-mail; krca@ indsaycomp.00.ca Important Notice Due to the large amount of public interest in the upcoming meeting on dissolution of Kawartha Conservation, the meetinlz location has had to be changed The meeting will take place at 7:30 p.m. on February 11th at: Moose Lodge 10 Moose Road, Lindsay (Go south from Kent Street West on McLaughlin Road; Mclaughlin is between Harvey's restaurant and the Esso station on the west side of town) n , rAdM1, rvsx �P'a" i' H [an D, Macnab General Manager/ Secretary -Treasurer 8 X59 KEN 17 LJ L ;i. vidata my. ¢ a-Lx�say SVuare Museum Shopping he q d U COmmBIU)Fid 1,0 s February 2, 1999 CENTRAL LAKE ONTARIO�9§ffkVYtf8RWi%RITY 1-19 MINUTES - NO. 1 AUTHORITY ANNUAL MEETING FEB 2 2S { qq Tuesday. January 19. 1999 - 7 00 P.M. P�fE&NG LOCATION: 100 WHITING AVENUE, OSHAWA ADMINISTRATIVE OFFICE, BOARDROOM Present•. R. Johnson, Chairman D. Moffatt, Vice Chairman B. Boychyn S. Crawford 1. Drumm G. Emm J. Gray 1. Harrell B. Nicholson B. Northeast M. Novak P. Perkins J.R. Powell, Chief Administrative Officer S.L. Hanson, Director, Corporate Services D. Wright, Director, Environmental Approvals & Planning P. Sisson, Director, Environmental Engineering Services M. Hrynyk, General Superintendent M. Stauffer, Administrative Assistant/Recording Secretary L. Hatherly, Plans Analyst Absent: D. Hamre The Chairman called the meeting to order at 7:00 p.m. WELCOME - R. Johnson, Chairman, welcomed all members and staff to the Annual Authority meeting. DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #I Moved by G. Emm Seconded by J. Gray THAT the Authority minutes of November 17, 1998, be adopted as circulated. fC�•L— CARRIED RATIFICATION OF ACTIONS OF THE EXECUTIVE COMMITTEE— i Res. #2 Moved by M. Novak -- Seconded by D. Moffatt THAT the Board of Directors ratify the actions of the Executive Committee during 1998. �--- CARRIED AtTHORITY ANNUAL MINUTES -JANUARY 19, 1999 HEARLNGS - ONTARIO REGULATION #145/90 PAGE 2 7:15 P.M. Staff Report: x4296-99 (attached as Schedule 5-1 to 5-11, H-1 to H-6) File No.: W99 -004-F, IMS RPRG344 Applicant: Wayne Kirwan and Pat Cluthe Application: Filling and grading associated with the construction of a pitch and putt golf course Location: Lot 21, Concession 1, Whitby (Consumers Drive to the North, Theatre Parking Lot to the West, Highway 401 to the South and West Corbett Creek to the East) Mr. Wayne Kirwan and Mr. Pat Cluthe made a presentation to the Board of Directors and a handout (attached as Schedule H-3 w H-6) was distributed to members and staff. Mr. Don Wright also made a presentation to the Board. Discussion ensued. Res. #3 Moved by D. Moffatt Seconded by I. Harrell THAT the subject application to permit the development of a Golf Park be denied for the following reasons: 1. The proposal is contrary to Province of Ontario policy; 2. The proposal is contrary to CLOCA policy; 3. Approval of the proposal would establish an unacceptable precedent for development within this fioodwa particular, and all floodways in general. 4. Approval of the proposal would be in direct contravention of Province of Ontario policy that such developments can only be considered if the Province has approved a Special Policy Area designation. Discussion ensued. Res. #4 Moved by P. Perkins Seconded by S. Crawford THAT the application be tabled at this time to allow further discussion with the Town of Whitby; and, TFL1T the application be brought back to the Full Authority Board. CARRYED CHAIR.IIAN'S REMARKS - R. Johnson (1) Staff Report #4295-99 (attached as Schedule 6-1 to 6-3) Chairman's Remarks - 1998 in Review Included in your agenda package is a summary of some of our accomplishments during 1998 - it's an impressive list and I'm - r %ou share my satisfaction at what has been achieved. I would like to add some more general observations and some thought what lies ahead in 1999 and beyond. I. You have to be impressed at the level of expertise in science and technology that has been developed in CLOCA in recent yt To me the proof lies in the increasing frequency with which federal, provincial, and municipal agencies, other Conserv[ .authorities and the community at large seek out our assistance and advice. 2. We have established credibility as an agency that delivers what it promises - a good product, on time and within budget. Throug_ all the downloading and budget cuts and turmoil of the last three years, we have not just maintained our capability to deal .L natural heritage and hazard issues, we have increased it. 3. We are reaching out to the community in a host of ways. Building trust and confidence is a slow, painstaking process but yo only have to look at the three correspondence items on our agenda tonight to know that its working. Looking at the year ahead in 1999, there are a number of things I want to see happen. I. The Central Lake Ontario Conservation Fund is a major priority. We must agree on its mandate, give it a structure and set 'b priorities. 2. Lynde Shores land acquisition has to move ahead and it is urgent that the framework for doing so be established with th Province. 3. The "Harrell Report" on what other Conservation Authorities are doing and the lessons we should draw from that is sched e for February and will set the tone for some serious discussions on our future corporate strategy. 4. I want 1999 to be a year when we make a greater effort as members to get out on tour with the staff and gain a better appreciatio of both our day to day work and the variety and importance of our land holdings. In closing, I want to thank the members and staff of the Authority for their support and encouragement and for snaking my past ,-a as Chairman such an enjoyable one. AUTHORITY ANNUAL MINUTES - JANUARY 19, 1999 ELECTION OF OFFICERS PAGE 3 At this point, the meeting was turned over to Russ Powell, Chief Administrative Officer, who assured the chair and declared all positions vacant. Res. #5 Moved by B. Nicholson Seconded by J. Gray I. THAT Councillor R. Johnson be re -appointed Chairman and that Mayor D. Moffatt be re -appointed Vice. Chairman of the Central Lake Ontario Conservation Authority, and 2. THAT the Authority establishes a Committee of the Whole, comprised of aU members of the Authority, to replace the Executive Committee. The Committee of the Whole to retain the same responsibUities as the previous Executive Committee; and 3. FURTHER THAT the per diem amount for members of the Authority be set at $100.00 Discussion ensued. Res. #6 Moved by D. Moffatt Seconded by J. Drumm THAT the motion be divided. CARRIED Res. #7 Moved by G. Emm Seconded by 1. Harrell THAT Councillor R. Johnson be re -appointed Chairman and that Mayor D. Moffatt be re -appointed Vice - Chairman of the Central Lake Ontario Conservation Authority. CARRIED R. Johnson was declared Authority Chairman for 1999 and D. Moffatt was declared Authority Vice -Chairman for 1999. Mr. Johnson assumed the Chair and conducted the remainder of the meeting. Res. N8 Moved by B. Nicholson Seconded by J. Gray THAT the Authority establishes a Committee of the Whole, comprised of all members of the Authority, to replace the Executive Committee. The Committee of the Whole to retain the same responsibilities as the previous Executive Committee. CARRIED Res. k9 Moved by B. Nicholson Seconded by J. Gray THAT the per diem amount for members of the Authority be set at $100.00. Discussion ensued. Amendment Moved by D. Moffatt Seconded by 1. Harrell THAT the per diem amount for members of the Authority be set at $40.00. Further discussion ensued. AUTHORITY ANNUAL MINUTES -JANUARY 19, 1999 Res. #10 Moved by J. Drumm Seconded by B. Boychyn PAGE 4 THAT the item be referred back to staff for more information, including the impact an increase would have t the current Authority budget and include information on the per diem amounts of other Conservation Authorities and municipal committees; and, THAT staff report back to the next Board of Directors meeting. CARRIED SIGNING OFFICERS Res. #11 Moved by G. Emm Seconded by J. Drumm THAT the Signing Officers of the Authority be any two of the following: The Chairman, Vice -Chairman, C e Administrative Offices/Secretary-Treasurer, and Director of Corporate Services. CARRIED SOLICITORS Res. N 12 Moved by G. Emm Seconded by S. Crawford TILAT the firms McGibbon, Bastedo, Armstrong and Armstrong, Oshawa Gardiner, Roberts, Toronto; as Beard, Winter, Toronto; be appointed Solicitors for the Authority. CARRIED BORROWING BY-LAW Res. #13 Moved by B. Nicholson Seconded by I. Harrell THAT the Chairman or Vice -Charman and the Chief Administrative Officer/Secretary-Treasurer and/or .h Director of Corporate Services of the Centra Lake Ontario Conservation Authority are hereby authorized t. borrow from time to time, by way of promissory note, from the Toronto -Dominion Bank, 4 King Street I a Oshawa, the sum or sums not exceeding $1,000,000 to meet immediate administrative and operad m expenditures until the Province of Ontario grant and/or Regional levy have been received, and to give on behai of the said Authority a promissory note or notes, seated with the Corporate Seal and signed by the Chairme- o Vice -Chairman and the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corp< a Services for the monies so borrowed with interest which may be paid in advance or otherwise, at a rate no exceeding prime per annum. THAT all sums borrowed pursuant to the authority of this Resolution for the purpose mentioned herein s dl with interest thereon, be a charge upon the whole of the monies received or to be received, by the 'it Authority, as and when such monies are received. THAT the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services is hi b, authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the int es thereon, all of the monies hereinafter collected or received by the said Authority from the Province of Ontario b: way of a Grant or from the Regional Levy to be made in accordance with provisions of The Conservnha Authorities Act. CARRIED AUTHORITY ANNUAL MINUTES - JANUARY 19, 1999 PAGE 5 CONSERVATION ONTARIO COLICII, Res. #14 Moved by J. Drumm Seconded by B. Nicholson THAT the Chairman, R. Johnson, be appointed as the Authority's representative on the Conservation Ontar. Council. Alternative designates are Vice -Chairman, D. Moffatt or Chief Administrative Officer, J.R. Powell. CARRIED ENFORCEMENT OFFICERS (i) Fill, Construction and Alteration to Waterways Regulation #145/90 Conservation Areas Regulation #101/92 Res. #15 Moved by M. Novak Seconded by J. Gray THAT D. Wright, A Sisson, T. Aikins, R. Hersey and L. Hatherly be appointed Enforcement Officers und, the Fill, Construction and Alteration to Waterways Regulation #145190, and, THAT M. Hrynyk, T. Backus, and H. Hirschfeld be appointed Enforcement Officers under the Conservatio Areas Regulation #101192. CARRIED CORRESPONDENCE Letter received from Mayor Nancy L. Diamond, City of Oshawa, dated December 11, 1998 (attached as Schedule 13-1), Letter of Appreciation - Mr. Don Wright and Mr. Robert Hersey Letter received from James M. Richards (attached as Schedule 13-2), Letter of Appreciation - 1998 Special Recognition Award Letter received from Town of Whitby, Robert B. Short (attached as Schedule 13-3 to 134), Performance Indicators - Pilot Project, Town of Whitby, Planning Department Res. #16 Moved by J. Emm Seconded by J. Drumm THAT the correspondence listed above be received for information and filed. CARRIED DIRECTOR, ENVIRONMENTAL ENGINEERING SERVICES (l) Staff Report #4292-98 (attached as Schedule 14-1 to 14-2) Pringle Creek Master Drainage Plan Update Study Res. #17 Moved by G. Emm Seconded by B. Northeast THAT Staff Report #4292-98 prepared by the Director, Environmental Engineering Services be received for information. CARRIED AUTHORITY ANNUAL MLNUTES - JANUARY 19, 1999 PAGE 6 DIRECTOR, ENVERONMIENTAL APPROVALS & PLANNING (l) Staff Report #4291-98 (attached as Schedule 15-1 to 15-3) Permit Applications for Construction, to Place Fill and to Alter a Watercourse Res. #18 Moved by 1. Harrell Seconded by B. Nicholson THAT the applications attached as Schedule 5-2 to 5-3 be approved and the respective permits be issued. CARRIED CHIEF ADMDdSTRATIVE OFFICER (1) Staff Report #4294-99 (attached as Schedule 16-1) 1999 Meeting Schedule - Board of Directors and Committee of the Whole Res. #19 Moved by G. Emm Seconded by B. Northeast THAT Staff Report #4294-99 be received for information; THAT the 1999 Meeting Schedule for Board of Directors and Committee of the Whole meetings be adopted. Amendment Moved by B. Nicholson Seconded by B. Northeast THAT the February 2, 1999, Committee of the Whole, meeting be cancelled. Res. #19 - CARRIED AS A.MfENDED Res. #20 Moved by S. Crawford Seconded by B. Northeast THAT the meeting convene "In Camera" to discuss a property matter. CARRIED Res. #22 Moved by J. Gray Seconded by J. Drumm THAT the meeting reconvene. CARRIED Res. #23 Moved by J. Drumm Seconded by S. Crawford THAT the actions of the "In Camera" session be adopted. CARRIED MUNICIPAL AND OTHER BUSINESS Councillor Nicholson mentioned that he recently rented the Conservation Centre for a family function and thanked staff for their efficient and professional efforts in ensuring a successful outcome. Councillor Emm inquired about the possibility of rearranging the boardroom in a more functional manner. Sandra Hanson stated that a report would be forwarded to the Board of Directors with a recommendation for a new set up. AUTHORITY AINUAL ;14INUTES • JANUARY 19, 1999 ADJOL'R:rltE\"C Res. #24 Moved by 1. Drumm Seconded by B. Boychyn THAT the meeting adjourn. CARRIED The meeting adjourned at 8:37 p.m. PAGE 7 DATE: FILE: S.R.. MEMO TO: FROM: SUBJECT: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITI Revised - January 20, 1999 4294-99 APPROVED BY C.A.O. The Chairman and Members of CLOCA Board of Directors J.R. Powell, Chief Administrative Officer 1999 Meeting Schedule - Board of Directors and Executive Committee 1999 MEETING SCHEDULE COMMITTEE OF THE WHOLE BOARD OF DIRECTORS * Wednesday meeting due to Monday being a statutory holiday. RUTH. RES. #19/99, dated January 19. 1999 "THAT Staff Report #4294-99 be received for information; THAT the Febuary 2, 1999, Committee of the Whole, meeting be re -scheduled to February 16, 1999; ani THAT the 1999 Meeting Schedule for Board of Directors and Executive Committee meetings be adopted. JRP/klt s Areports\sr429499.doc Tuesday January 19 Tuesday February 16 Tuesday March 2 Tuesday March 23 Wednesday* April? Tuesday April 20 Tuesday May 4 Tuesday May 18 Tuesday June 1 Tuesday June 15 Tuesday July 6 Tuesday July 20 Wednesday* September 8 Tuesday September 21 Tuesday October 5 Tuesday October 19 Tuesday November 2 Tuesday November 16 Tuesday December 7 Tuesday December 21 * Wednesday meeting due to Monday being a statutory holiday. RUTH. RES. #19/99, dated January 19. 1999 "THAT Staff Report #4294-99 be received for information; THAT the Febuary 2, 1999, Committee of the Whole, meeting be re -scheduled to February 16, 1999; ani THAT the 1999 Meeting Schedule for Board of Directors and Executive Committee meetings be adopted. JRP/klt s Areports\sr429499.doc 81/28/99 23:00:ZB EST; ASSOCIATION 8F?-> 985 6Z3 0830 Clerk - Municipality Page 002 COUNCIL INFORMATION I-22 JAN -28-99 THU 06:33 PM AMO FAX NO. 4169716191 P. 01/05 Association of Municipalities 'tai i of Ontario OFFICE OF THE PRESIDENT January 28, 1998 To Heads of Council and Members of Council: We have seen an incredible amount of change over the last few years in municipal government. Some of that change was the result of the Association's initiatives and some was not even welcomed by the municipal sector. Your Association has been very busy trying to influence government policy and handling the many implementation details aw well as advancing the interests of our members. Ontario may see an election called as early as this spring. Municipal governments are playing an ever increasing role in providing services to people. We know that strong and healthy communities make for a better Ontario. We must, therefore, be pro active in clearly articulating to the political parties our key interests so that as community leaders we can effectively serve all our constituents and make the best use of tax payers' dollars. In order to ensure that our voice is heard and that the legislative agenda of whatever party forms the next government reflects our Interests, we must put forward a municipal platform. AMO took a similar approach for the last provincial election, setting out a series of policy activities in "Better Government/Lower Cost -the Municipal Mandate." It was an effective tool and one that we can build on and improve. A number of successes over the last several years are as a result of that early advocacy work. Examples Include a number of significant steps in the fundamental redefinition of the provincial -municipal relationship, a greater degree of accountability between special purpose bodies and municipal councils, a focus on integrating social services with other community services, and the Introduction of the community planning model to streamline the planning process. The 1999 municipal mandate needs to build a strong, cohesive municipal voice. To help achieve this, we need the input and support of our members. I would like your municipality to tell us what it feels are the top three critical and strategic needs of municipal governments for the next four years - needs that can be realistically achieved in the term of the next government. Drop us a note about your ideas. It doesn't need to be a formal submission or resolution; we just want to hear from you so that the Association can develop its mandate well in advance of any election call. AMO's Municipal Mandate Steering Committee will be meeting mid-February and the members look forward to receiving your Input. I will be asking you for your help in promoting the mandate once it is final, We know that our citizens agree municipal government is the most accessible, the most accountable and gives the best value for their tax dollar. This mandate will allow us to get the commitment from the Province which will ensure that we continue in this vein. I look forward to working with you on this important Initiative. should you have any questions, Pat Vanini, Director of Policy and Government Relation is managing this project and you can contact her at (416) 971-9656 ext 316 or toll free at 1-677-426-6527. Yours truly, ING Michael Power u �/ C7 AMO President 393 University Ave., Suite 1701 Toronto, ON M5G 1E6 - - - tel: (416) 971-9856 • lax: (416) 971.6191 o email: amo©amo.municom.com 01/20/99 23:09118 EST: ASSUCIATION OF?-> JAN -28-99 THU 06:34 PH AHO Alert 905 623 0030 Clerk - Municipality Page 003 FAX NO, 4169716191 P. 02/05 Association of ��gA1'INQ Municipalities of Ontario u d 393 Unhronfty Avenue, Sufi! 7101 Y 9 ToronW.ON MSG 1ES Telt (419) 971.9956 • for. (416) 971411911 . em29: amo®ama.municom.mm Please ensure that copies of this are distributed to all Members of Council For Immediate Action January 28,1999 Alert - 99/004 REGULATION FORCES RECOGNITION OF SENIORITY OF CROWN EMPLOYEES Issue: The Ontario Public Service Employees Union (OPSEU) agreement with the Ontario Government includes provisions that protect the seniority of Crown employees who have been transferred to municipalities. A new regulation based on that agreement has come into effect. Facts: On January 20, 1999, OPSEU signed a Memorandum of Settlement with the Ontario Management Board Secretariat. The agreement included a commitment from the Government to protect the seniority of Crown employees who have been transferred to municipalities. This regulation (O. Regulation. 10/99) pursuant to Section 40 (1) of the Public Sector Labour Relations Act, 1997, was filed on January 18, 1999. The regulation is similar to the provisions in Bili 136 regarding the transfer of Jobs between one municipality and another. AMO has recently secured a copy of the agreement and the regulation and is reviewing them with municipal experts. Highlights of the regulation are: 1) if a municipality hires a former Crown employee to do work that was officially transferred from the Province to municipalities, the employee's seniority with the Province must be recognized by the municipality, Municipalities will not be able to treat Crown employees differently than their own employees. The regulation only applies if the employee formerly did the same work for the Province, and if there is a collective bargaining agreement in place at the municipality. The regulation also encompasses provincial employees who are not part of a union; ii) it is retroactive and appears to override any previous agreements municipalities have made with respect to Crown employees; iii) disagreements on whether, or how this regulation applies in particular situations will be decided by the Ontario Labour Relations Board or arbitrators. 01/20/99 23:10:04 EST; ASSOCIATION OF?-> 9B5 6Z3 8838 Clerk - Municipality Page 004 JAN -28-99 THU 06:35 PH AMO FAX NO. 4169716191 P. 03/05 Member Communication - Alert: Regulation Forces Recognition of Seniority of Crown Employees - 212 What we don't know is how it affects particular municipal circumstances. For example, does the issue of seniority apply to probationary periods, salaries, or other financial benefits contained in local agreements? Memorandum of Settlement highlights: 1) the "best efforts" clause has been watered down, so the Province must "propose in negotiations" salary and benefit concerns of OPSEU instead of to make "reasonable efforts to" resolve those concerns. Because of the tight nature of the original language, several arbitrators determined that the Province was not doing enough forformer Ontario Public Sector employees; ii) the parties have also agreed that the salary, terms and conditions of employment in existing collective agreements in municipalities will apply to OPSEU members who accept municipal job offers. This does not apply to probationary periods where the Province is still obligated to ..request that employees of the Crown ... not be required to serve a probationary period..."; iii) in cases where there is no collective agreement, the Province may offer municipalities a financial incentive in order to secure or Improve a job offer. These conditions in the OPSEU agreement applyto situations where more than 10 employees have been transferred to municipalities. Action: Attached a copy of the regulation that is now in effect. The Proposed Ontario Gazzette date is February 6, 1999. Municipalities are advised to have their human resources/legal experts consider how it will affect local circumstances. AMO is reconvening its Labour Task Force and will be meeting with officials from Management Board about the regulation, the OPSEU Agreement and other related labour issues and will be voicing our concern that agreements that some municipalities have reached with the Province appear to have been overridden unilaterally. AMO will continue to update members on this issue as new Information comes forward. This Information is available through AMO's MUNICOM network at www.municom.com. For more Information contact: Jeff Fisher, Policy Advisor, AMO at 419-971.9656 ext. 315. Transmission problems: Carleen Newland at 416-971-9856 ext. 300 81/28/99 23:18:98 EST: ASSOCIATION OF?-> 905 623 OB30 Clerk - Municipality Page 005 JAN -28-99 THU 06:35 PM AMO FAX NO. 4169716191 P. 04/05 Food u 0. Rog. /D 7 e[ on JAN 18 1999 Proposed Unrano Oemt6e data CCO OF REBUU1110NS Until tiled with the Ragiatrar of Regalatioas Q0002.E/PSLRTA-LAB-9-6L8 5 -MS RZGMTI0R WWZ =VZR TU VMIC SZCTOR LRBM RMT20118 TRRIISITION ACT, 1997 SE1120RITY or WOWYEEs 1. This Regulation governs the determination of seniority for the following employeesr 1. Employees in a bargaining unit of employees of a person operating a hospital if, i. the Crown transferred all or part of the business carried on at an institution to which the trental Mospitals Act applies to the person operating the hospital, and ii. the bargaining unit includes an individual who, immediately before the transfer, was employed by the Crown in the transferred business and who, immediately after the transfer, was employed by the person operating the hospital in the transferred business. 2. Employees in a bargaining unit of employees of a municipality if, i. the Crown transferred all or part of a business to the municipality, and ii. the bargaining unit includes an individual who, immediately before the transfer, was employed by the Crown in the transferred business and who, immediately after the transfer, was employed by the municipality in the transferred business. 2. (1) Each employee in a bargaining unit shall be accorded seniority on the same basis as other employees in the bargaining unit and, without restricting the generality of the foregoing, 01/ZB/99 23;11:26 EST: ASSOCIATION OF?-> JAN -23-99 THU 06:36 PM AMO 905 623 0930 Clerk - Municipality Page 006 FAX NO. 4169716191 (a) if the collective agreement provides that seniority includes all periods of employment with the employer and all periods of employment with a previous employer, his or her seniority shall include all periods of employment with the employer and all periods of employment with a previous employer or the Crown; P. 05/05 (b) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit of the employer and all periods of employment in a bargaining unit of a previous employer, his or her seniority shall include all periods of employment in the bargaining unit of the employer and all periods of employment with a previous employer or the Crown in a position having duties, responsibilities Gnd other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit; and (c) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit or in a similar bargainingg unit of the employer and all periods of employment in a bargaining unit of a previous employer, his or her seniority shall include all periods of employment in the bargaining unit or similar bargaining unit of the employer and all periods of employment with a previous employer or the Crown in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit or similar bargaining unit. (2) In subsection (1), "previous employer" means, (a) a predecessor employer of the employer, or (b) an employer who sold their business to the employer within the meaning of section 0 of the Labour Relations Act, 1995 and that section or a predecessor of that section applied with respect to the sale of the business. MUNICIPALITY OF larington REPORT #1 ONTARIO REPORT TO COUNCIL MEETING OF FEBRUARY 8, 1999 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, FEBRUARY 1, 1999 1. REZONING APPLICATION AND AMENDMENT TO DRAFT APPROVAL HALLOWAY HOLDINGS LTD., PART LOTS 11 AND 12 CONCESSION 1, FORMER TOWN OF BOWMANVILLE, LONGWORTH AVENUE AND HIGH STREET THAT Report PD -11-99 be received; THAT the application to amendment the Municipality Zoning By-law 84-63 of the former Town of Newcastle, as amended, and applications for proposed amendment to draft approval 18T-82037 and 18T-87087, submitted by G.M. Sernas and Associates on behalf of Halloway Holdings Limited be referred back to staff for the preparation of a subsequent report upon resolution of all outstanding issues; 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 THAT the Durham Region Planning Department, all interested parties listed in Report PD -11-99 and any delegations be advised of Council's decision. [OTEMPEPANCORPORATIBON OFMUNICIPALITYVILLE -ONTARIO A (9 THE OF 05 3 ARNGTONFAxaz3-41ee Report #1 - 2 - February 8, 1999 2. APPLICATION FOR REMOVAL OF PART LOT CONTROL, GREEN MARTIN HOLDINGS LTD., 40M-1940, PART LOT 17 CONCESSION 1 FORMER TOWNSHIP OF DARLINGTON THAT Report PD -12-99 be received; THAT the request submitted by Green -Martin Holdings Ltd. for removal of Part Lot Control with respect to Lots 1 to 8 inclusive, Blocks 9, 11 and 12, and Blocks 18 to 23 inclusive, on Plan 40M-1940 be approved; THAT the Part Lot Control By-law attached to Report PD -12-99 be approved and forwarded to Durham Region pursuant to Section 50 (7) of the Planning Act, R.S.O. 1990, as amended; and THAT all interested parties listed in Report PD -12-99 and any delegations be advised of Council's decision. 3. CLARINGTON OFFICIAL PLAN AMENDMENT, SAM CUREATZ ON BEHALF OF WALTER AND JAMES HALE, PART LOT 18 CONCESSION 4 FORMER TOWNSHIP OF CLARKE THAT Report PD -13-99 be received; THAT the Regional Municipality of Durham be advised that the Municipality recommends the approval of the Regional Official Plan Amendment application (ROPA 98-008), as submitted by Sam Cureatz on behalf of Walter and James Hale, to permit the severance of a dwelling surplus to a farm operation; THAT the application to amend the Clarington Official Plan submitted by Sam Cureatz on behalf of Walter and James Hale be approved as provided for in Amendment No. 14 to the Clarington Official Plan, as detailed in Attachment #3 to Report PD -13-99; THAT the necessary By-law to adopt Amendment No. 14 to the Clarington Official Plan, be passed and that it be forwarded to the Regional Municipality of Durham for approval; and THAT Durham Region Planning Department, all interested parties listed in Report PD -13-99 and any delegations be advised of Council's decision. Report #1 - 3 - February 8, 1999 4. PART LOT CONTROL, 1249981 ONTARIO LIMITED, PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON LOTS 7 -19, BLOCKS 28 - 32 ALL INCLUSIVE ON 40M-1945 THAT Report PD -16-99 be received; THAT the request submitted by 1249981 Ontario Limited for removal of Part Lot Control in respect of Lots 7 to 19, and Blocks 28 to 32, all inclusive on Plan 40M-1945 be approved; THAT the Part Lot Control By-law attached to Report PD -16-99 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act R.S.O. 1990, as amended; and THAT all interested parties listed in Report PD -16-99 and any delegations be advised of Council's decision. 5. APPLICATION FOR REMOVAL OF HOLIDNG (H) SYMBOL, MARTIN ROAD HOLDINGS LTD. 40M-1944, PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON THAT Report PD -17-99 be received; THAT Rezoning Application ZBA 99-002 submitted by The Kaitlin Group Ltd. on behalf of Martin Road Holdings Ltd. requesting the removal of the "Holding (H)" symbol from the subject lands be approved as per Attachment No. 2 to Report PD -17-99; THAT the amending By-law, attached to Report PD -17-99 be forwarded to Council for approval; THAT a Copy of Report PD -17-99 and the amending by-law be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PD -17-99 and any delegations be advised of Council's decision. 6. PARKING PROPOSAL - BOWMANVILLE BUSINESS CENTRE THAT Report CD -7-99 be received; THAT the pilot project of providing free three-hour parking in the off-street lots at Division Street and Silver Street continue until December 31, 1999; Report #1 - 4 - February 8, 1999 THAT the Municipal By-law Enforcement Officers monitor the various off-street parking lots within the Bowmanville BIA, on a routine basis, to identify vehicles which are being parked there for a period longer than the allowed three hours free parking; and THAT the Bowmanville BIA be advised of Council's decision. 7. LONG TERM SERVICE AND RETIREMENT THAT Addendum #2 to Report CD -34-97 be received; and THAT the Municipality of Clarington's Long -Term Service and Retirement Policy be amended to provide for the presentation of service pins rather than plaques for 5, 10, 15 and 20 years service and watches for 25 years service. 8. YEAR 2000 THAT Report TR -4-99 be received; THAT staff proceed immediately with the plan of action outlined in the body of Report TR -4-99; THAT as an interim measure, no municipal staff be permitted to schedule vacation time between December 31, 1999 and January 7, 2000; THAT no municipal facilities under the control of municipal staff be booked for special events between December 31, 1999 and January 7, 2000; and THAT a copy of Report TR -4-99 be forwarded to all known external agencies that may affect the public safety of the Municipality and all affiliated groups, including the Recreation Boards, Newcastle and Orono Arenas, Museums, Libraries, the Older Adult Centre and Youth Centre. 9. TENDER CL98-22, OIL AND LUBRICANTS THAT Report TR -5-99 be received; THAT R. P. Oil Limited, Whitby, Ontario with a total bid in the amount of $36,455.94 (including taxes), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-22, be awarded the contract to supply and deliver oils and lubricants, as required by the Municipality of Clarington, Public Works Department; and Report #1 - 5 - February 8, 1999 THAT the contract be extended for a second year and third year at no increase in price dependent upon satisfact.ry service; and THAT the required funds be provided from the current operating fleet budget. 10. CASH ACTIVITY REPORT - NOVEMBER, 1998 THAT Report TR -6-99 be received; THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the month ended November 30, 1998, is as shown on the schedule attached to Report TR -6-99; and THAT Part "A" of the expenditures for the month of November 1998, be confirmed. 11. INSURANCE POOLING STATUS UPDATE THAT Report TR -7-99 be received; THAT Council endorse the Municipality of Clarington proceeding with an insurance pooling arrangement with the Region of Durham and other area municipalities, the Durham Municipal Group, beginning with the premium year 1999/2000, subject to terms and conditions of the agreement being satisfactory to the Treasurer and Chief Administrative Officer; THAT the Mayor and Clerk be authorized to enter into the Agreement prior to July 1, 1999; and THAT the appropriate By-law be forwarded to Council for approval. 12. PRESENTATION FROM STAFF SERGEANT TED DIONNE, INSPECTOR ROSS SMITH AND STAFF SERGEANT BILL TEMPLE REGARDING VIDEO CAMERA SURVILLANCE THAT Staff Sergeant Ted Dionne, Inspector Ross Smith and Staff Sergeant Bill Temple be thanked for their presentation; THAT the issue of video camera surveillance be referred to the Chief Administrative Officer; and THAT Staff Sergeant Ted Dionne, Inspector Ross Smith and Staff Sergeant Bill Temple be advised of Council's decision. Report 41 - 6 - February 8, 1999 13. PRESENTATION FROM ANGELA STERN IANNUZZIELLO REGARDING HIGHWAY 2 TRANSIT STUDY THAT Angela Stern Iannuzziello, Entra Consultants Inc. be thanked for her presentation regarding the Highway 2 Transit Study; and THAT Ms. Iannuzziello be advised that the Council of the Municipality of Clarington and the Chief Administrative Officer look forward to receiving the full package on costs for transit including costs for full coverage of the Municipality of Clarington. 14. DELEGATION OF BEN CHARTIER REGARDING HANDI-TRANSIT THAT the delegation of Ben Chartier be acknowledged and received with appreciation. 15. EXCELLENT SERVICE TO THE PUBLIC THAT a letter be forwarded from the Mayor's office to the three individuals who were acknowledged as providing excellent service to Mr. Sam Cureatz as follows: Heather Brooks Carlo Pellarin Bob Russell 16. ACTIONS TAKEN AT THE "CLOSED" MEETING THAT the actions taken at the "closed" meeting be ratified. BUSINESS NIS THE CORPORATION OF THE MUNICIPAL TYIOFCL RINGTON REPORT Meeting: General Purpose & Administration Committee File # C05 . gL Date: December 7, 1998 Res. #v Dt-1-(�35 - Report No: CD -66-98 By-law # Subject: PROPERTY OWNER'S COMPLAINT RE BLUE CIRCLE CEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD -66-98 be received; and 2. THAT a copy of Report CD -66-98 be forwarded to Valerie Dostie, Ben Coelen and Blue Circle Cement Company. BACKGROUND: At the September 28 meeting of Council Mrs. Valerie Dostie presented a letter outlining several concerns she had about the operations of Blue Circle Cement. Mrs. Dostie lives at the south end of Waverley Road. Staff were instructed to prepare a report addressing her concerns. Subsequent to this direction, staff have also received a letter of concern from another local resident, Mr. Ben Coelen. Both of their concerns have been incorporated into this report. By way of background, Blue Circle and its predecessor St. Mary's Cement have operated from their current site since 1966. The site was approved following a Ministry of the Environment approval process and an Ontario Municipal Board hearing. During the approval process it was recognized that the operation might create some dust and noise, however it was acknowledged that this area was an established industrial zone and such a use was appropriate. At the time, the Noise By-law included an exemption for pits and quarries licensed under the Pits and Quarries Act. In 1987 this exemption was more clearly defined to include the routine operations of St. Mary's Cement. This exemption has been carried through to today. Mrs. Dostie lives at 707 Waverley Road South and Mr. Coelen at 16 Cedar Crest Beach Road. Both parties shared certain complaints, dust, noise and fumes or emissions. Mr. Coelen goes on to list blasting problems, loss of his well, closure of Waverley Road and destruction of the natural environment. CD -66-98 - 2 - December 7, 1998 This report will deal with each of these matters. In preparing this report staff have spoken to the Ministry of the Environment, Blue Circle, Planning and Development Department and Public Works Department. NATURE OF COMPLAINTS: DUST: The dust appears to originate from six areas; the quarry, the smokestack, the overburden removal, the internal roads, Blue Circle Aggregates Crushing and Stockpiling operation, and the haul road. Dust from the quarry is minimal. The quarry by its nature contains almost all the dust. The matter of the smokestack will be addressed later in this report. The overburden and the internal roads are all treated with water on a regular basis (up to three times per day) as needed and the road is treated with calcium chloride. The 1997 Principles of Understanding recognized Blue Circle Aggregates as a problem and required the facility to be re -located. Blue Circle's intention is to move the facility onto their site. The haul road is owned by Blue Circle and leased to the Municipality. As such, maintenance of the road is a municipal responsibility, however, Blue Circle has taken responsibility for treating the road on occasion. The clearing of the overburden was done by a contractor. They have finished for the year and a new contractor has been hired for next year. Blue Circle has indicated they will be requiring stricter dust and noise controls from the new contractor. All non -paved roads in the area are to be treated with calcium chloride. This will include the road used for transporting the rock to the processing site, the shoulders of the municipal haul road and the entranceway to Cedar Crest Beach Road from the haul road. When the work begins again it will start closer to Cedar Crest Beach Road and move away from the area. This may cause some initial discomfort but as the work continues the overburden will be stockpiled along the southwest edge of the work area. This will create a natural barrier. The Ministry of the Environment has conducted dust level tests over the last year on the property directly south of the Dostie's. The Ministry's test results show the dust level to fall within the permitted upper limits of the Ministry guidelines. FUMES AND EMISSIONS: The primary source of fumes is the exhaust from trucks using the haul road and excavating equipment working on stripping off the overburden. The Ministry of Transportation has been contacted concerning exhaust emissions from the licensed vehicles. The Ministry's regulations do not apply to the excavation equipment since they are by definition not motor vehicles within the meaning of The Highway Traffic Act. Blue Circle has required the contractor's vehicles to comply with current Ontario Emissions standards. As stated previously, the removal work will be moving away from Dostie's and Coelen's residences as work progresses to the northeast. 712 CD -66-98 - 3 - December 7, 1998 Smoke and fumes from the smokestack are monitored by Blue Circle and have been checked by the Ministry of the Environment. Staff are presently conferring with the Ministry to determine the levels of particulate being emitted from the stack. If the particulate levels are in violation of the Ministry's guidelines, staff will advise Council accordingly. BLASTING: Blue Circle blasts on a regular schedule in their quarry. A consulting firm monitors all the blasts and their readings are reported to the Municipality. The blast readings are all well within the Ministry's permitted limits. In the case of damage caused by blasting, Blue Circle contacts their insurance company to investigate the claim. WELLS: Blue Circle has conducted ongoing water level monitoring for both onsite and selected residential wells to judge the impact of the quarry operations. Blue Circle maintains that none of their readings indicate values outside of the historical water level range for the area. Quality monitoring of wells in the area indicates bacterial problems related to the proximity of the wells to existing septic systems. In any situation where Blue Circle's operations are perceived to have possibly adversely impacted water supplies in the area, the company has provided water to the resident. Mr. Coelen complained that the company had ruined his well. Tests showed that his well levels had dropped but it could not be conclusively linked to the quarry. Blue Circle has taken the initiative and supplied Mr. Coelen with a large water tank at no cost to him. Mr. Coelen has indicated that his water gets stagnant over the summer. Blue Circle has offered to have the tank drained and refilled or removed and a smaller one installed in its place. The company cannot control any freezing of the water over the winter. CLOSURE OF WAVERLEY ROAD: This matter was addressed in Report ADMIN 47-97 and the Principles of Understanding. Mr. Coelen's concern of the delay for emergency vehicles was dealt with at that time. The Principles of Understanding require that emergency vehicles will have access to Cedar Crest Beach through the Blue Circle plant site if needed. DESTRUCTION OF THE NATURAL ENVIRONMENT: The Agreement reached between Blue Circle and the Municipality last fall was intended, among other things, to protect at least part of the natural environment. The Ministry of Natural Resources, the Federal Ministry of Fisheries and Central Lake Ontario Conservation Authority are responsible for the protection of the natural marsh environment. I/i3 CD -66-98 - 4 - December 7, 1998 This leaves one last area of concern to be addressed. NOISE: The most difficult of all issues to resolve is the matter of noise. The noise level may be mitigated to some extent by the ongoing work on the overburden. As the soil is stripped and stockpiled, it will create a large berm between Cedar Crest Beach and the Blue Circle operations. There will still be some noise and dust from the vehicles driving up onto the berm as they work. The company will address this matter with the new contractor hired to do the work. One of Mrs. Dostie's central issues is the Noise By-law exemption given to Blue Circle for, "its licensed pit and quarry operations and all accessory issues related thereto". (By-law 89- 184, Section 4(j)). There are several options available to Council in this matter. They are: Leave the Noise By-law as is. The company has enjoyed the exemption since 1966 long before many of the current neighbours resided in the area. As Blue Circle has stated, their operation is moving further north, therefore the noise impact on the surrounding residents should be lessened in the near future. 2. Repeal the existing By-law and enact a new one under The Municipal Act. This would be a subjective By-law with very broad powers to exempt. At present the Municipality's Noise By-law contains thirteen separate exemptions for various different matters. Council would then need to revisit the entire issue of exemptions under the By-law, deciding whom, if anyone, would be exempted and for what purpose. 3. Repeal the existing By-law and enact a new subjective or quantitative By-law based on the Environmental Protection Act (E.P.A.). Under a subjective By-law we could keep most, but not all of our current legislation. More important to the matter at hand, any exemption could not extend beyond six months. This is the maximum time permitted under the M.O.E.'s Model Noise By-law. In addition, any E.P.A. based By-law requires the approval of the Minister. A quantitative By-law would require all industries in the Municipality to comply with the relevant provincial limits. The Municipality may restrict the areas of the Town where the By-law is to apply but there is no leeway given to alter any of the prescribed sound level limits set out by the Ministry in its Regulations. As is the case with a subjective By-law, any exemption given under the By-law could not extend beyond six months. ,/i4 5- December 7, 1998 An E.P.A. based By-law would drastically change the Municipality's current method of handling noise complaints and noise related issues. Given the fact that a Municipality cannot alter or amend Ministry guideline noise limits, the current method of dealing with specific industries and other situations as outlined in the Municipality's By-law would no longer apply if the Environmental Protection Act's guidelines are exceeded. It should be noted that in 1990 a noise study was conducted by Blue Circle to determine compliance with the Provincial Model Noise By-law standards. At that time the findings did not indicate any breach of the prescribed limits. Blue Circle is in the process of implementing a new noise monitoring survey. If the new survey indicates any exceedence of the permitted limits they will act to correct the situation. In order to enforce such a By-law, staff would require the purchase of Ministry approved equipment. Any recording of sound levels must be done at the time of the incident. In many cases this will require having staff available 24 hours per day to conduct such readings. This will necessitate significant commitment in staff time and resources in order to conduct monitoring and is beyond our current manpower capability. CONCLUSION: It should be noted that many of Dostie's and Coelen's complaints are being addressed through the Blue Circle Community Relations Committee. This group is comprised of two representatives from the Port Darlington Community Association, two from Aspen Springs Community Association, two from Blue Circle and two members of municipal staff. The discussions with Blue Circle have been very informative and productive. In the new year the work will be moving further away from the affected residents. New guidelines and restrictions have been established for dealing with the dust and noise issues. Given these facts, plus the pending noise survey which Blue Circle will be conducting, staff feel it would be premature to make changes to the By-law at this time. If the survey identifies problems and the proposed changes cannot rectify them, it will then be recommended that the Municipality step in and act to bring about a solution. Respectfully submitted: Reviewed by: Patti L arrie, .M.C.T Franklin Wu icipal rk Chief Administrative Officer LC/PB/mh CD -66-98 - 6 - December 7, 1998 INTERESTED PARTIES: Mrs. Valerine Dostie 707 Waverley Road South Bowmanville, Ont. L1C 4A8 Mr. Ben Coelen 16 Cedar Crest Beach Road Bowmanville, Ont. LIC 3K3 Blue Circle Cement 400 Waverley Road South Bowmanville, Ont. LIC 4A8 Attention: Lynn Davidson, Environmental Manager ii6 UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # Date: February 8, 1999 Res. # ReportNo: ADDENDUM #2 TO REPORT CD -58-98 By-law # Subject: Property Standards Order Enforcement RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Addendum #2 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 January 25, 1999, Council considered an Addendum Report from the By -Law Enforcement Division regarding a lot owned by Gust Holdings Inc. A copy of the Addendum Report is attached hereto as Schedule "X". Staff were seeking Council approval to enforce a Property Standards Order which had been issued against the lot and its owner, Mr. Sam Gust. Addendum #2 to Report CD -58-98 - 2 - February 8, 1999 The Property Standards Order required the removal of "all derelict, abandoned, unplated and inoperative motor vehicles, vehicle parts and all other waste material from the property". In late November and early December Mr. Gust had made an effort to remove some of the vehicles, however work appeared to have stopped by mid December. When the property was reinspected in January there were still five transport trailers in various states of decay, a large boat on a cradle, a derelict green boom truck, an old abandoned fire truck along with various other pieces of metal, rusted equipment, concrete pipe and a red back hoe. Much of the scrap metal had simply been loaded onto the trailers. Photographs taken during the inspection are included with this report. During the presentation to Council on January 25'h, Mr. Gust advised that he was unaware of the problem and was attempting to rectify the situation by applying for Site Plan Approval for his property. Council agreed to table the report to February 8'h to allow him time to make his application. The application was received by the Planning Department on January 28'h. Along with the application Mr. Gust provided a preliminary sketch indicating approximately 2/3 of the subject property would be used as a parking lot for an adjacent existing industrial use. The remaining 1/3 (the area where the vehicles and material are currently stored) was to remain vacant at this time. The Planning Department advised Mr. Gust that his property is zoned 'General Industrial (M2)'. Use of the lot as a contractor's yard providing outdoor storage of the vehicles and equipment is not permitted unless there is an accompanying workshop on the site. The site plan application seeks approval of the parking lot only. The use of the property for a contractor's yard was not included in his proposed Site Plan and has therefore, not been addressed in any other manner. The Site Plan application will be processed in the usual manner and pending favourable comments from the circulated agencies, an agreement for the use of the property for a parking lot will be entered into. Addendum #2 to Report CD -58-98 -3 - February 8, 1999 RECOMMENDATION: The proposed Site Plan will not legalize Mr. Gust's use of the lot for the storage of his various trailers, vehicles and other waste material. As the Property Standards Order of August 31, 1998 required the removal of these vehicles, trailers and materials, staff recommend the approval of the original recommendation. A tender will be issued 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: Reviewed by: INTERESTED PARTIES: Mr. Sam Gust 138 Queen Street Bowmanville, Ontario L1C 1M9 Irwin A. Hamilton, Solicitor Hamilton & Mutton Barristers & Solicitors 1 Division Street P.O. Box 39 Bowmanville, Ontario UC 3K8 Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer SCHEDULE "X" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # Date: January 25, 1999 Res. # Report No: 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 1 100-9-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, unplated 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: Reviewed by: Pati L. r ie, C.T Franklin Wu, M.C.I.P., R.P.P. cipal C rk Chief Administrative Officer LC/PB/mh INTERESTED PARTIES: Mr. Sam Gust 138 Queen Street Bowmanville, Ontario LIC 1M9 Irwin A. Hamilton, Solicitor Hamilton & Mutton Barristers & Solicitors 1 Division Street P.O. Box 39 Bowmanville, Ontario LIC 3K8 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose & Administration Committee File # 7-b j 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 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 3. 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 June 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 - NnVPMkar') 1000 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: Reviewed by: l L. rrie., .C.T. A. Marano Acting Chief Administrative Officer LC/PB/mh 724 Attachment tl 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 PERSO HAVING AN INTEREST THEREIN. WHEREAS the property described above has been inspected by a Proper Standards Officer and found not to conform to the standards set out in Proper Standards By-law 98.123: IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE "< WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, E EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE SEPTEMBER 1998, USING SUITABLE AND SUFFICIENT MATERIALS AND IN MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED. If this Order is not complied with within the time and in the manner specified, ai in accordance with any permits required by law, the Corporation may carry out t requirements of this Order at the owner's expense and/or commence let proceedings. You are hereby advised that if you are not satisfied with the terns or conditions this Order, you may appeal to the Property Standards Committee by sending Notice of Appeal to the Secretary, Property Standards Committee at Temperance Street, Bowmanville, Ontario, L1C 3A6, on or before, 18 SEPTEMBI 1998, stating your grounds for appeal. In the event no appeal Is taken within the prescribed period and in the mann specified above, the Order shall be deemed to be confirmed and shall be final a: binding upon you pursuant to Section 15.3(2) of the Act FILE: V96-0378 ISSUED ON: 31 AUGUST, 1998 SERVED BY REGISTERED MAIL ON: 31 AUGUST, 1998 w.�✓--- Leon Creamer, C.P.S.,. Witness �/5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NO. V96-378 VACANTLAND BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 98-123 SCHEDULE"A" Section Non -conformities 4.01(1) Land not kept clean and free from rabbi debris and ashes, health, fire and acrid hazards. REMEDY All waste material to be removed from i property. 2• 4.01(2). Land not kept clean and free from wrec..z dismantled, discarded, inoperativ abandoned machinery vehicles trail boats, and their component parts. REMEDY All derelict, abandoned, unplated ar, Inoperative motor vehicles, vehicle p and all other waste material to be remc from property. NOTE: A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PEkn4 MAY BE REQUIRED PRIOR TO THE COMMENCEMENT C CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION : REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERX : TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATIC CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY C CLARINGTON BUILDING DEPARTMENT AT (905) 623-3379 BETW 8:30 a.m. AND 4:00 p.m. MONDAY THROUGH FRIDAY EXC I HOLIDAYS. /L6 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 [Wade 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 1S.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 maybe 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 F1 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 committee within 14 days afar 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 fumctions of the officer who made 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. (T) 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 1�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 is 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. membership of the committee. 15.6-(1) Property Standards Committee, Membership and Term 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. Building Code i : (3) Compensation. The members of the coma shall be paid such compensation as the council may provi... (2) Filling of Vacancies. The council of the municipality shall forthwith fill any vacancy that occurs in the (4) Chair. The members shall elect a chair from among themselves; when the chair is absent through Mae otherwise, the committee may appoint another member as acting chair. (5) Quorum. A majority of the members constitute 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 kms.: 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 c. Municipal Act applies with necessary modifications to the minutes and records. (6) Rules of Procedure and Oaths. The committee may, subject to subsection (9), adopt its own r of procedure and any member may administer oaths. (9) Where Committee Required to Give Notice. The committee shall give notice or direct tb notice be given of the hearing of an appeal to such per. _: the committee considers advisable. 15.7.-(i ) Emergency Order. If upon inspect! : property the officer is satisfied that there is noaconform with the standards in a by-law passed under section 15 such extent as to pose an immediate danger to the heal safety of any person, the officer may make an order containing particulars of the nonconformity and requirir remedial repairs or other work to be carried out imme to terminate the danger. (2) Service. The order shall be served on the of the property and such other persons affected theret _ officer determines and a copy shall be posted oa the pro (3) Emergency Powers. After making u under subsection (1), the officer may, either before or a the order is served, take any measures necessary to terc the danger and, for this purpose, the municipally ms through its employees and agents, at any time enter we property in respect of which the order was trade withot warrant. /c� (b) 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 VACANTLAND 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. 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 afterlhe 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 /J0 `9'M\ ♦.: I 7 1 1 1, 1 11 11 11 11 UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File # Date: February 8, 1999 Res. # Report #: CD -08-99 By-law # Subject: FORMAT OF COUNCIL AGENDAS • OUR FILE: CO3.CO It is respectfully recommended to Council: THAT Report CD -08-99 be received for information; THAT the correspondence dated December 9, 1998 from Mrs. L. Gasser regarding the Council agenda format be lifted from the table and received for information; and THAT a copy of Report CD -08-99 be forwarded to Mrs. L. Gasser. BACKGROUND At its meeting on December 14, 1998 Council considered correspondence from Linda Gasser regarding the format of the Council agendas. At that time, the correspondence was tabled until February 8, 1999 to allow for the new procedures undertaken by the Clerk's Department to take effect. A copy of Mrs. Gasser's correspondence is attached hereto as Schedule "A". Mrs. Gasser's letter was as a result of the actions taken with respect to Report CD -45-98 in adopting a new format for the Council agendas. This change resulted in a "Summary of Correspondence" and a "Summary of By-laws" being prepared and included in the agenda, rather than each individual item being reproduced; the listing of correspondence on the agenda page and the inclusion of the General Purpose and Administration Committee minutes being discontinued. This format was adopted from the format which has been used for the Regional Council agendas for many years. Mrs. Gasser's letter states that at the Region the correspondence has been dealt with by the four main committees and has been included in their agendas in its entirety. This statement is not quite accurate. When correspondence is received by the Regional Clerk, it is summarized and then directed to the various departments. The correspondence is not reproduced in the Council agenda; however, there are exceptions, which are at the discretion of the Regional Clerk. Items of correspondence which have been referred to a standing committee, are sometimes reproduced in the agenda for the committee meeting at which it is being considered. This is the same procedure which was adopted by Council in the fall. Mrs. Gasser's concerns include the fact that staff is now summarizing the pieces of correspondence rather than reproducing each individual item; staff is, sometimes, put in the position of summarizing complicated and detailed pieces of correspondence which should be read in their entirety by all councillors. Also, staff time is spent summarizing less complicated pieces of correspondence, which could be easily skimmed by councillors. Report CD -08-99 .2. February 8, 1999 Mrs. Gasser's comment with respect to complicated and detailed pieces of correspondence is valid. However, when this occurs, the item of correspondence is duplicated in its entirety in the agenda. As for staff time being spent summarizing less complicated pieces of correspondence, the time presently being spent is still less than the amount of time which was spent duplicating the item previously. A second concern is the fact that the agenda pages no longer list each item of correspondence, thereby not allowing the public to identify various items which Council is dealing with. Prior to receiving Mrs. Gasser's letter, staff began reproducing the " Summary of Correspondence" for the public in attendance at the meeting and also for the Municipality's web site on the Internet. During discussion of Mrs. Gasser's letter on December 14, 1998, it became evident that listing the correspondence would be helpful. Accordingly, commencing with the agenda of January 11, 1999, the individual items were listed on the agenda page once again. Since that time, copies of both the agenda page and the " Summary of Correspondence" have been made available for the public attending the meetings, and the agenda page has been posted on the Internet. The reason for the change in format was an attempt to reduce the amount of paper which was being used in the production of the Council agendas. Prior to altering the format, the average agenda was 185 pages in length, compared to an average of 64 pages following the change. With 41 copies of the Council agenda being produced, this results in a saving of approximately 5,000 sheets of paper per agenda. With 21 agendas per year, the new format saves 105,000 sheets of paper annually. At a cost of $31.45 for a case of 5,000 sheets of paper, the dollar saving on paper alone is $660.45. Although more staff time is involved in preparing the Summary of Correspondence, less time is spent in the reproduction of the agenda. By comparison, the time saved with reproduction is greater than the increase in the preparation of the Summary. CONCLUSION Since the change in format in October, some modifications have been made which allow for more information being made available to the public. It is the opinion of staff that the savings in both time and cost for the reproduction of the Council agenda is worthy of continuing with the new format. Reviewed by Franklin Wu, M.C.I.P, R.P.P., Chief Administrative Officer Interested party to be advised of Council's decision: Mrs. L. Gasser P.O. Box 399 Orono, Ontario LOB 1 MO wudCIL DIRECTION D- P.O. BOX 399, ORONO, ONT. LOB 1 MO TEL: (905) 983.5249 1 FAX: (905) 9836416 V1,� F -A)< b Z.1 - Y/6 December 9, 1998. Municipality of Claringtan 40 Temperance Street Bowmanville, Ontario LIC 3A8 Attention: Mayor and All Members of Council Re: Correspondence I Communications for Information & Direction Some time in the autumn of 1998, it appears that Councillor Mutton brought forward the suggestion that Instead of municipal correspondence appearing in Council agendas in its entirety, that instead, staff summarize the individual pieces of correspondence and Include only the summery in Council agendas. I wasn't present at that meeting but it seems that seems that saving councillors' time and saving paper were the reasons put forth for his suggestion. It appears that because this was the method he saw used at the Region, he thought it should be applied here. Councillor Mutton should keep in mind that at the Region, the bulk of the correspondence hes been dealt with by the four mein committees and has been included in their agendas in its entirety, Committee members review the correspondence and then make recommendations to Regional Council. This is quite different from having Clarington councillors vote on summaries having never seen the original document. In my view, Council's decision to approve this suggestion was flawed for the following reasons. 1. Clerk's Dept. staff time is spent summarizing correspondence. Often, staff are put in the position w summarizing as best they can complicated and detailed pieces of correspondence which should be reac in their entirety by all councillors. In some instances summaries cannot adequately convey the message of the original piece of correspondence. As well, time is still spent summarizing less complicated pieces of correspondence which could easily be skimmed by councillors if they didn't wish to read these closely. Also, if you have the piece of correspondence, you can always refer to it at a later date should that be required. Through no fault of theirs, Clerk's Dept. staff may miss important points because they may not be familiar with the history and context of a piece of correspondence. If they miss it, certainly Council will be unable to deal with it. I want to be certain that my Council representatives have access to all municipal correspondence. If they choose not to reed it or if they feel they don't have enough time to read all the correspondence, they will do what we all do in the real world, they will make their 2 choices and live with the consequences. Members of the public should not be denied the opportunity to be informed simply because some councillors might not want to take the time to reed all municipal correspondence. 2. The listing of correspondence on the cover pages of the Council and public agendas no longer occurs. Neither councillors nor the public have any hope of knowing what correspondence was dealt with on any particular data without reading the minutes of each and every meeting. In the past, the cover pages of the agenda, which is ail that is available to most members of the public at Town Heb and on the Internet, would list correspondence items for Information and diraction. Members of the public could choose to attend a particular council meeting ifan item they were interested in was on the agenda for the nest week. This is no longer possible. For those of us with an ongoing interest in municipal issues, it is impossible to determine which issues will be dealt with at the upcoming meeting arising out of municipal correspondence. 3. Two councillors have told me that they go regularly to the Clerk's Dept. to obtain the underlying documents In their entirety. I regularly go to the Clerk's Dept. to get copies of the underlying documents that relate to particular issues that I have an interest in even when I have been able to obtain one of the three copies of the agenda available to the public. All of this is an unnecessary waste Of time for the Clark's Dept, I formally request that Council consider going back to the original format for Council agendas and the cover Pages, i.e., the agenda cover pages list the correspondence items for information and direction, under "Communications", and the public agenda copies and Council agenda copies include copies of correspondence in their entirety. Yours sincerely, �• \ Linde Gasser cc, Clerk's OepL • Patti Barrie P.S. Phase include this letter in its entirety in the Council agenda of December 14188. SUMMARY OF BY-LAWS FEBRUARY 8, 1999 BY-LAWS 99-16 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Teletech Financial Corporation and to repeal By-law 99-11 (Approved by Council January 25, 1999); 99-17 being a by-law to designate a certain portion of Registered Plan 40M-1940 as not being subject to Part Lot Control (Item #2 of Report #1); 99-18 being a by-law to designate a certain portion of Registered Plan 40M-1945 as not being subject to Part Lot Control (Item #4 of Report #1); 99-19 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Item #5 of Report #1); and 99-20 being a by-law to adopt Amendment No. 14 to the Clarington Official Plan (Item 43 of Report #1). V Da s �; (f� PRESENTATION TO COUNCIL Monday, February 8, 1999 Good evening Mayor Hamre and Council Members, You know with the year 2000 approaching us governing officials must set a higher standard when it comes to air quality and emission control. We cannot just think of now, but must foresee into the future, for our future generations ... our natural resource, our most precious of all ... our children. I did a presentation to Council September 28/98 voicing my concerns on the noise, dust and fume problems we were faced with last summer and how l feel our health is being put at risk. Since this, Blue Circle has indicated that they will be requiring stricter dust and noise controls from the new Contractor hired to remove the overburden. I was told that the phase II removal of overburden contract should be finished in May of this year, weather permitting. If the work does extend into the summer months then there has to be changes made to the working hours. Mr. Creamor told me that as it stands now they are allowed to work sun up to sun down (dusk). In the summer that would mean longer working hours. Our summers are short enough, and it would be unfair to expect us to once again put up with the constant noise of machinery 6-7 days a week. To set a time limit to 5:00-5:30 p.m. and no weekends worked would be fair. Also, as it states in the report how the work will be moving further away. Well that won't be for awhile yet and when they do they'll always be back, let it be known that our location will always remain the hub of most of the oncoming projects. As things are now work is still being done 100 feet away from us.in the south corner of our property. Our frontage is over 200 feet. So even if they move away 200-400 feet more it will still be causing disturbances. As well as the high traffic of trucks and at times convoys traveling back and forth continuously on the Haul Road produces large amounts of fumes. There is the need for a Health Study to be done. Also, to allow the company to do self monitoring is not fair to us or the public. This should remain the job of the Ministry of Environment and the Municipality. Monitoring should have been done last summer when the noise, dust and fumes were intolerable. They would have shown that they were beyond the permitted limits and I don't need a monitor to say this, it's just common sense. So if the need occurs again and the noise and dust and fumes cannot be controlled then random monitoring should tie done by MOE or the Municipality. It's their responsibility to ensure our safety. In conclusion, there are a lot of issues that are not right. There is no current data. In the report it states the MOE did dust monitoring a year ago. It has been over three years. The monitoring device set idle for a few years before it was taken away. I had asked Rod Adams of the MOE to set it up in front of our home but was denied. There are no conditions or guidelines in writing to protect us. There has never been any sort of health study to deal with the problems. We need some change to protect our families. I would like to continue living here and to enjoy and use our property with some peace of mind that our children's health is not in jeopardy. I would like to ask the Municipality officials and anyone concerned about these matters to contact or write to the Ministry of Natural Resources to implement new Aggregate boundaries. The allowance now is 100 feet from residents which gives us no protection from the mentioned problems. A change would be a big help. Thank you, 1 Valerie Dostie he %�., L 0, c-) eKen.�rf;�r1 Gr -4 elUo,JO—S fro ,z q -e Ae%r ��z� i eeoLevi g/99 David T. Ashcroft, Co-chair, Community Relations Committee, Group 5, Box 36, R.R. # 2, Bowmanville, LIC 3K3, Thurs. Feb. 4, 1999. Mayor Harare and Council, Corporation of the Municipality of Clarington. Dear Mayor Harare and Council: As one of the Co-chairs of the Community Relations Committee made up of representatives from Cly t_o.,)n, Blue Circle, the Aspen Springs Community and the Port Darlington Community, I have been authorized by the committee to respond to a request by Mrs. Valerie Dostie to comment on Report # CD -66-98. The committee has examined the report and wish to make the following comments. After consultaton with Blue Circle, we are pleased with the efforts of Blue Circle to reduce the impacts on the surrounding community through increased dust control measures, altered procedures, and new timelines as expressed in their new overburden removal contracts. We hope these are effective and will be observing the process as the overburden removal is continued under these new measures. With respect to noise issues, we have asked Blue Circle to implement noise monitoring in the area of the overburden removal, especially in the area of the Dostie and Coelen homes to ensure that there is compliance with the Provincial Model Noise By-law Standards. If willing to do so, we hope this will result in an improved situation for concerned residents in the area. We expect a reply in time for our next committee meeting. We hope these comments will indicate our on going concern for all parties and our support of the Relations Committee process. Respectfully, .y David T. Ashcroft, Co -chairperson.