HomeMy WebLinkAbout03/08/199911
ra MUNICIPALITY OF
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ONTARIO
DATE: MARCH 8, 1999
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURE OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a regular meeting of Council held on February 22, 1999
PUBLIC MEETING
Under the Expropriations Act to consider the Municipality's application for approval to
expropriate certain lands in the Cove Road and Cedarcrest Beach Road areas
PRESENTATION
Charles Packer and Carl Andognini, Ontario Hydro — Update on the Darlington Nuclear
Generating Station
DELEGATIONS
COMMUNICATIONS
Receive for Information
1-1 Clarke Museum & Archives — Minutes of a meeting of February 2, 1999
1-2 Kawartha Conservation — Minutes of a special meeting of February 11, 1999
1-3 John C. Hughes, Director, Ministry of Transportation — Ontario's Vehicle
Impoundment Program
1-4 Blue Circle Cement Community Relations Committee — Minutes of a meeting of
January 18, 1999
1-5 Stewart A. Taylor, Mayor, City of Owen Sound — OSUM Conference
CORPORATION OF THE MUNICIPALITY- OF CLARINGTON
40 'TEMPERANCE STREET < DOWMANVILLE -ONTARIO ® Ll C 3A6 - (905) 623-3379 -FAX 623-4169 RECYCLED PAPER
Council Agenda - 2 - March 8, 1999
COMMUNICATIONS
I — 6 Visual Arts Centre of Clarington — Five Days in March
1-7 John Milton, Executive Director, Ontario Recreation Facilities Association Inc. —
44th Annual Training and Development Program
1-8 Kim Wildman, Durham '99 Project Manager - Durham Passport Program
1-9 George S. Graham, Clerk- Administrator, Township of Brock — Dissolution of
Kawartha Conservation
1-10 Sallie Barrie, Administrator, Durham Region Community Care Association —
Grant
1— 11 News Release, Atomic Energy Control Board — Public Comment Invited on
AECB Licensing Actions
1-12 Wayne Arthurs, Mayor, Town of Pickering — Airport Site
1— 13 R.W. Messervey, District Manager, Ministry of Natural Resources — Aggregate
Resources Act
I — 14 Janet Mason, Assistant Deputy Minister, Ministry of Municipal Affairs and
Housing — Municipal Act
1— 15 P.M. Madill, Regional Clerk, Region of Durham — By -law to Limit Tax Reform
Related Property Tax Increases
1-16 P.M. Madill, Regional Clerk, Region of Durham — 1999 Regional Budgets
Preliminary Guideline and Timetable
1-17 Association of Municipalities of Ontario — Correspondence from Tony Clement,
Minister of Transportation — Red Light Enforcement Pilot Projects
1-18 Durham '99 Information Package
1-19 Michael Power, President, Association of Municipalities of Ontario — Model Gas
Franchise Agreement
1-20 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region
Conservation Authority — 1999 General Levy
Council Agenda -3 - March 8, 1999
COMMUNICATIONS
I — 21 Central Lake Ontario Conservation Authority — Minutes of February 16, 1999
I — 22 Kawartha Conservation Bulletin — Conservation Budget is Passed
I — 23 D.A. Bentley, Deputy Clerk, Region of Durham — Status of Class Environmental
Assessment for Additional Water Pollution Control Plant Capacity for Whitby,
Oshawa and Clarington
I — 24 W. Donald Cousens, Mayor, Town of Markham — World Mental Health Day
Receive for Direction
D — 1 W.D. Spencer, Corporation of the Town of Keewatin - Gas Prices
D — 2 Suzanne Routh, National Co- ordinator, Canada Book Day — Canada Book Day
Celebrations
D — 3 Gordon T. Pearson, Executive Officer, Durham Region Home Builders'
Association — New Homes Month
D — 4 C. Gushulak, Secretary, Navy League of Canada — Navy League Tag Days
D — 5 Joseph B. Christl Sr., Kriscorp Ltd. — One Foot Reserve
D — 6 P.M. Madill, Regional Clerk, Region of Durham — Dissolution of Kawartha
Conservation
D — 7 Rollo Myers, Co- ordinator, Citizens for the Old Town — Canada Week Festivities
D — 8 Ron Hope, President, Newcastle B.I.A. — CAUSE Study
D — 9 Town of Kearney — Sentence Passed Down to Robber
D — 10 P.M. Madill, Regional Clerk, Region of Durham — Implications and Ramifications
of Bill C55 on Canadian Business
D — 11 Judy Sgro, City of Toronto Councillor — Municipal Blue Box Programs
D — 12 Don Yeo, President, Clarington Branch of the Canadian Cancer Society — Cancer
Month and Daffodil Day
D — 13 Garth Gilpin, Secretary- Treasurer and General Manager, Bowmanville B.I.A. —
Street Closings for 1999 Activities
Council Agenda - 4 - March 8, 1999
COMMUNICATIONS
D — 14 Bob Wade, Mayor, Town of Ancaster — A New Vision for Urban Transportation
D — 15 R.A. Dancey, Director of Family Services, Region of Durham — Helping Families
Work Better
D — 16 Pamela Quirk, Cor- ordinator, Fund Raising Events, Multiple Sclerosis Society of
Canada — WALK for MS
MOTION
NOTICE OF MOTION
Councillors Trim and Mutton indicated that they would, at the next or subsequent
meeting of Council introduce the following motion:
REPORTS
"THAT the Council of the Municipality of Clarington consider the feasibility of
the establishment of Community Police Liaison Committees representing the
various policing zones; and
THAT as part of the consideration process, Carol Johnson, Executive Director,
Crime Concern, Inspector Ross Smith and Staff Sergeant Ted Dionne, be
requested to make a presentation to Council at their earliest convenience."
General Purpose and Administration Committee Report of March 1, 1999
2. Confidential Verbal Report of the Solicitor — Legal Matter
Confidential Report ADMIN -8 -99 —Personnel Matter
4. Confidential Report ADMIN-9-99 — Personnel Matter
5. Report SOL -1 -99 — The Report of Mr. Harold S. Goldkind, Q.C., the Inquiry
Officer, under the Expropriations Act respecting the Proposed Expropriation of
Cove Road and Certain Other Lands and Rights -Of -Way and consideration of the
Inquiry Report by Council
UNFINISHED BUSINESS
Report PD -20 -99 — Ontario 2000 — Main Street Ontario Funding Program
Council Agenda - 5 - March 8, 1999
BY -LAWS
OTHER BUSINESS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
MARCH 8, 1999
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I — 1 Minutes of a meeting of the Clarke Museum & Archives held on February 2, 1999. (A
copy of the minutes is attached to the Summary of Correspondence.)
(Receive for Information)
I — 2 Minutes of a special meeting of Kawartha Conservation held on February 11, 1999. (A
copy of the minutes is attached to the Summary of Correspondence.)
(Receive for Information)
1-3 John C. Hughes, Director, Ministry of Transportation, advising of the implementation of
Ontario's vehicle impoundment program. He advised that this new initiative is part of
Ontario's Road Safety Plan, the government's blueprint for making our roads safer. Bill
138, The Comprehensive Road Safety Act, 1997, targets some of the worst offenders on
our roads, including those who drink and drive and those who drive while under a licence
suspension. Effective February 16, 1999, vehicles drive in Ontario by persons
apprehended for driving while their licence is suspended for a Criminal Code conviction,
will be impounded for a minimum of 45 days.
(Receive for Information)
I — 4 Minutes of a meeting of the Blue Circle Cement Community Relations Committee held
on January 18, 1999. (A copy of the minutes is attached to the Summary of
Correspondence.)
(Receive for Information)
1-5 Stewart A. Taylor, Mayor, City of Owen Sound, inviting OSUM Members to the 1999
46'h Annual Conference, May 5 — 8, 1999, which the City of Owen Sound is honoured to
host. This year's Conference will provide an exciting opportunity for municipal officials
to more clearly understand our rapidly changing world. Last year, Dr. David Foote,
demonstrated how changing demographics influenced the requirement for municipal
services. This year delegates will learn how municipalities must address changing
technologies as we approach the new millennium.
(Receive for Information)
I — 6 Media Release received from the Visual Arts Centre of Clarington, advising of activities
for Five Days in March. The artists are ready and waiting to bring special March Break
programs to the community. From March 15 — 19, the Centre is offering morning and
afternoon art classes in a variety of media.
(Receive for Information)
Summary of Correspondence - 2 - March 8, 1999
1-7 John Milton, Executive Director, Ontario Recreation Facilities Association Inc., advising
of the 44th Annual Training and Development Program to be held May 2 to May 7, 1999,
at the University of Guelph, and advising of several new initiatives, the Propane Safety
and Handling Program, and the continuing advancement of their web site at
www.orfa.com. The new Propane Safety and Handling course is recognized by the
Technical Standards and Safety Authority — Fuel Safety Branch. Essentially, under the
Energy Act, the Ontario Propane Code requires that all workers working with propane
must hold a certificate of qualification for the work they perform.
(Receive for Information)
1-8 Kim Wildman, Durham '99 Project Manager, advising of Durham Region's 25th
Anniversary. One of the events planned is a special Durham Passport Program. People
will be invited to purchase a passport and take advantage of the coupons and event
information listed within.
(Receive for Information)
1-9 George S. Graham, Clerk- Administrator, Township of Brock, advising that the Council
of the Township of Brock has discussed correspondence received respecting the proposed
dissolution of Kawartha Region Conservation Authority and is opposed to any initiative
to dissolve the Authority. The Township of Brock has indicated that in the event
consultants are hired to address this matter, it is their opinion that the member
municipalities initiating the proposal to dissolve, should be responsible for such costs.
(Receive for Information)
1-10 Sallie Barrie, Administrator, Durham Region Community Care Association, forwarding a
letter of appreciation for the one time Grant allocated to them by the Municipality of
Clarington. She advised that all funds will remain in the local community and will enable
them to continue to provide direct service to the residents of Clarington.
(Receive for Information)
I — 11 News Release received from the Atomic Energy Control Board, that the Atomic Energy
Control Board (AECB) is inviting public comment on upcoming licensing actions
for Ontario Hydro, Pickering Nuclear Generating Stations A and B — renewal of
operating licences and Ontario Power Generation Inc., change of operator and new
licences. These organizations have made applications to the Board. The Board gave
initial consideration to these proposals at its meeting on January 28, and is expected to
make the final licensing decisions following its meeting in Ottawa on March 25, taking
into account any comments or concerns expressed by interested parties or the public.
Anyone wishing to obtain a copy of the staff recommendations regarding these licensing
issues may call 1- 800 - 668 -5284. Written comments or requests for appearances before
the Board with respect to these licensing applications must be received by March 4, 1999.
(Receive for Information)
Summary of Correspondence -3 - March 8, 1999
1-12 Wayne Arthurs, Mayor, Town of Pickering, advises that in July of 1998 The Honourable
David Collenette, Minister of Transport, initiated a thirty day public consultation period
in consideration of declaring federally held lands as an airport site under the federal
Aeronautics Act. At the request of the Town of Pickering, two extensions to the
consultations were granted to December 31, 1998. He advised that the Town of
Pickering met with federal representatives and others on two occasions during this
period. One of these meetings on October 15, 1998, included Minister Collenette. They
propose that after more than 25 years, it is timely and appropriate to establish a
"stakeholders forum" to address the matter of a proposed declaration and other issues of
local, regional, provincial and federal interests. They strongly believe that community
stakeholders have a legitimate role to play in such a process. A meeting was held on
March 2, 1999, at 2:00 p.m., at the Pickering Recreation Complex to initiate discussions
and set the stage for the stakeholders forum.
(Receive for Information)
11-13 R.W. Messervey, District Manager, Ministry of Natural Resources, advising that they had
reviewed the request of Blue Circle Canada Inc., for an increase in tonnage limit
temporarily for the 1999 season. In accordance with subsection 13(3) of the Aggregate
Resources Act this request was also circulated to the local and regional municipalities for
their comments. No objections were received during the circulation of this request. In
accordance with subsection 13(2) of the Act, the Ministry is prepared to aprove a
temporary licence amendment to increase the tonnage limit from 3.0 to 3.3 million
tonnes. It is a condition of the licence amendment that:
the increase is only for the period of Jan. 1, 1999 to Dec. 31, 1999
the tonnage limit will be reduced to the original limit of 3.0 million tonnes per annum
on January 1, 2000.
(Receive for Information)
1-14 Janet Mason, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing,
advises that a recently filed regulation under the Municipal Act has the effect of
prohibiting municipalities from licensing real estate companies, brokers and agents. The
Provincial Government's role is to ensure that municipal licensing does not result in
regulatory duplication and undue financial burdens on businesses in Ontario. Since the
real estate industry is regulated under the Real Estate and Business Brokers Act,
municipal licensing of real estate agents and brokers would constitute unnecessary
duplication. She advised that after careful examination, it has been decided to proceed
with the regulation.
(Receive for Information)
Summary of Correspondence - 4 - March 8, 1999
I — 15 P.M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of a By -law
to Limit Tax Reform Related Property Tax Increases to 10% in 1998, 5% in 1999 and 5%
in 2000 for Industrial, Commercial and Multi- Residential Properties in the Region of
Durham. (A copy of the by -law is attached to the Summary of Correspondence.)
(Receive for Information)
I — 16 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by
Regional. Council as follows:
"a) THAT the preliminary timetable be approved for the 1999 Regional
Budgets for Water Supply, Sanitary Sewerage, Solid Waste Management
and General Tax Purposes as set forth in Attachment #1 of Report #1999 -
F-8 of the Commissioner of Finance, which provides for Council approval
of the 1999 Budgets and Regional Tax Rates and Policies on March 31,
1999;
b) THAT the Region of Durham adopt as its budget strategy a 0% increase
after assessment growth;
c) THAT the Provincial Initiatives Section of the 1999 Regional Budget for
General Tax Purposes continue to be identified separately during the
budget process in order to disclose the impact of Provincial downloading
on local property taxes;
d) i) THAT the Province be requested to provide the Region with the
1998 final reconciled downloaded costs for 1998 and the 1999
budgeted costs for the downloaded services by February 1, 1999 in
order that the legislative provisions to set tax rates by March 31,
1999, can be met by the Region of Durham;
ii) THAT the Province be directed to bring in a 1999 Budget for the
Who Does What Downloaded Services that does not exceed the
1998 estimates as provided in the Local Services Realignment
document for the Region of Durham, including the following:
Social Housing $34,738,000
Land Ambulance 9,203,000
GO Transit 11,275,000
Child Care 1,480,000
Social Assistance 22,408,000
THAT the Ontario Property Assessment Corporation be similarly
directed to bring in a 1999 Budget that does not exceed the 1998
amount of $4,790,000;
Summary of Correspondence -5 - March 8, 1999
iii) THAT if the date for receipt of the Provincial financial data is
delayed, then the Province be requested to amend the final date for
the approval of the 1999 tax rates to April 30, 1999;
e) THAT the savings generated from the reduction in contributions to
OMERS be set aside as follows:
i) the initial 2% contribution reduction be set aside in the Sick Leave
Reserve to assist in the financing of the sick leave payments to
retired employees;
ii) savings from the OMERs holiday contribution be set aside in a
Capital Reserve Fund to reduce the debenture debt requirements
for the proposed Homes for the Aged Capital Project and similar
savings for the Police Services Board be set aside to reduce the
debenture debt for the Police Communications systems;
f) THAT a copy of Report #I 999-F-8 of the Commissioner of Finance be
forwarded to the Durham Regional Police Services Board, the Area
Municipalities, the Minister of Finance, the Ontario Property Assessment
Corporation and the five Durham MPP's."
(Receive for Information)
1-17 Association of Municipalities of Ontario, advising of the Red Light Enforcement Pilot
Projects. The Red Light Cameras Pilot Projects Act, 1998, amends the Highway Traffic
Act to allow designated municipalities to test red light camera systems that will
photograph the licence plate or the driver. The amendments are designed to permit
prosecution of red light offenders, using certified documents as evidence. The
government continues to believe that a visible police presence at intersections is an
effective strategy to reduce red light running. Therefore, municipalities choosing to
introduce red light camera pilot projects will be required to introduce stepped -up
enforcement at other high -risk intersections to allow for comparison between the cameras
and traditional enforcement. (A copy of the correspondence is attached to the Summary
of Correspondence.)
(Receive for Information)
1-18 Kim Wildman, Durham '99 Project Officer, forwarding a copy of Durham '99
Information Package. This package contains the following:
1. Durham '99 Events and Activities
2. Durham Region — the last 25 years
3. The Durham Challenge
4. Events Calendar for January — March
Summary of Correspondence - 6 - March 8, 1999
They are currently updating this calendar as event information is continually received in
their office. They will be forwarding a revised calendar to the municipality on a bi-
monthly basis, as this information is included. (A copy of the calendar is available in the
Clerk's Department.)
(Receive for Information)
1-19 Michael Power, President, Association of Municipalities of Ontario, forwarding
information on the Model Gas Franchise Agreement. In 1987, when the joint industry -
municipal committee produced the Model Agreement and the Franchise Handbook,
municipal representatives successfully concluded several matters of concern to
municipalities. Based on municipal input, including input from the Municipal Engineers
Association, AMO identified some housekeeping changes and three issues of major
concern to the municipal sector:
The ability to impose permit fees
A maximum 10 -year term for renewal agreements
Compensation for use of the rights -of -way
Clearly any changes to the Model Agreement will impact all municipalities as their Gas
Franchise Agreements are renewed. Any concerns or comments may be forwarded to Pat
Vanini, Director of Policy and Government Relations by Fax 416- 971 -6191.
(Receive for Information)
1-20 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region
Conservation Authority, advises that on January 21, 1999, the Full Authority Meeting,
the Ganaraska Region Conservation Authority approved the 1999 general levy as per the
notification, which was forwarded to each municipality on December 18, 1998, with a
copy of the 1999 preliminary budget. Also, she forwarded a copy of the 1998 financial
statements and the 1998 Annual Report. (A copy of the correspondence is available in
the Clerk's Department)
(Receive for Information)
I — 21 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on
February 16, 1999. (A copy of the minutes is attached to the Summary of
Correspondence.)
(Receive for Information)
I — 22 Kawartha Conservation Information Bulletin advising that their Budget was passed at
their February 24th meeting. Municipalities will contribute $311,300 in funding to
Kawartha Conservation in 1999. This is an increase of $8,700 over last year. Although,
when spread across the 19 municipalities of the watershed, the increase is quite small and
was absolutely necessary and fully justifiable.
Summary of Correspondence - 7 - March 8, 1999
Recently, a dissolution vote of Kawartha Conservation was called at a public meeting
held on February 1 lth' the watershed municipalities voted 19 to 1 against dissolution.
The cost of this meeting was $9,181.00 and was added to the 1999 budget. However
rather than raising revenues to cover this cost from the municipalities, Kawartha
Conservation chose to fund the meeting through reserve funds.
(Receive for Information)
1-23 D.A. Bentley, Deputy Clerk, Region of Durham, forwarding a copy of a report on the
Status of Class Environmental Assessment for Additional Water Pollution Control Plant
Capacity for Whitby, Oshawa and Clarington. (A copy of the report is available in the
Clerk's Department)
(Receive for Information)
1-24 W. Donald Cousens, Mayor, Town of Markham, forwarding a copy of an eight -page
summary of the First Annual Report of World Mental Health Day in Canada. The
success of this public education enterprise ultimately depends on the support and
engagement of communities across the country. Last year, more than 44 cities towns and
regional municipalities in all 10 provinces, and both territories proclaimed, publicized or
otherwise acknowledged World Mental Health Day in Canada. In the next few weeks he
will be forwarding specific suggestions as to how the municipality might consider
acknowledging World Mental Health Day in Canada. (A copy of the summary is
available in the Clerk's Department)
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D — 1 W.D. Spencer, Corporation of the Town of Keewatin, advising of a resolution passed by
the Town of Keewatin as follows:
"WHEREAS a strong disparity in gasoline prices has long existed between
Northern Ontario and Southern Ontario and more recently evidenced between the
Tri- Municipalities of Keewatin, Kenora and Jaffray Melick and other towns in
Northwestern Ontario;
AND WHEREAS unleaded gasoline prices in the Tri - Municipal area are 61.9
cents per litre, compared to prices ranging from a high of 59.9 cents to 45.9 cents
in Dryden, Sioux Lookout, Clearwater Bay and Thunder Bay;
AND WHEREAS the gasoline supplied to the Tri- Municipal area comes from the
same refinery and is delivered on the same truck over the same highways to other
communities where gas prices can be as much as 16 cents per litre lower;
Summary of Correspondence - 8 - March 8, 1999
AND WHEREAS since prices are neither set nor controlled at the retailer level, it
is the refinery marketer level being the major oil companies who are setting pump
prices thereby disregarding competition in the gas industry;
AND WHEREAS this area has seen little or no savings at the gas pumps, even
though crude oil prices have fallen more than 40% over the past year;
AND WHEREAS the Provincial Government has repeatedly stated to the
residents of the Tri -Town area that Northwestern Ontario would be treated fairly
and equitably;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of
Keewatin, together with the Councils of the towns of Kenora and Jaffray Melick
petition the Provincial Government and in particular the Minister of Consumer
and Commercial Relations, the Minister of Northern Development and Mines and
the Premier of Ontario to explain why gas prices are so high in the Tri - Municipal
area; to conduct an investigation into the fairness of fuel pricing in Northwestern
Ontario; to regulate gas prices; and to pursue enabling legislation that will
equalize gas prices across the province;
AND FURTHER THAT this resolution be also forwarded to the Kenora District
Municipal Association, Frank Miclash, M.P.P., Bob Nault, M.P. and to all
municipalities within the Province of Ontario for their support and endorsement.
(Motion for Direction)
D — 2 Suzanne Routh, National Co- ordinator, Canada Book Day, advising of Canada Book Day
Celebrations. She is requesting the Municipality of Clarington to proclaim April 23,
1999 as Canada Book Day.
(Motion to Proclaim)
D — 3 Gordon T. Pearson, Executive Officer, Durham Region Home Builders' Association,
advising of New Homes Month. He is requesting the Municipality of Clarington to
proclaim April 1999 as New Homes Month.
(Motion to Proclaim)
D — 4 C. Gushulak, Secretary, Navy League of Canada, advising of Navy League Tag Days.
She is requesting proclamation of Navy League Tag Days September 30 — October 2,
1999 and permission to hold Navy League Tag Days in the Municipality of Clarington
(Motion to Proclaim and Grant Permission for
Holding of Tag Days)
Summary of Correspondence - 9 - March 8, 1999
D-5 Joseph B. Christi Sr., Kriscorp Ltd., advising of a One Foot Reserve on his farm in Lot 9,
Concession 1. He advises that this was put in place about 1986 when they were in the
process of assembling a land base in this area. They have also acquired Lot 10,
Concession 1 which now makes this parcel 201 acres in total not including four other
parcels they own and farm in this area. He is requesting that this one foot reserve be
removed as it devaluates their farmland and restricts potential for improvement
(Refer to Planning and Development for review and
report)
D — 6 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by the
Region of Durham as follows:
"WHEREAS a fundamental direction of the Regional Official Plan is to
encourage development that will not have an adverse cumulative impact on the
natural and built environments;
WHEREAS the Region has entered into a partnership agreement with all
conservation authorities having jurisdiction within the Region to assist in
addressing natural heritage issues;
WHEREAS the jurisdiction of the Kawartha Region Conservation Authority
includes the majority of the Township of Scugog and part of the Township of
Brock and the Municipality of Clarington providing a watershed approach to
environmental management;
NOW THEREFORE the Region of Durham recognizes the need and value of
conservation authorities including, the Kawartha Region Conservation Authority
and hereby declares its support for the ongoing efforts and operation of the
Kawartha Conservation Authority and strongly urges the water shed
municipalities to do likewise and further, that this resolution be forwarded to the
Township of Brock, the Township of Scugog, the Municipality of Clarington,
Conservation Ontario, and all other member municipalities urging continued
support of the Authority."
(To receive and advise of Council's earlier
resolution in support of Kawartha Conservation)
D — 7 Rollo Myers, Co- ordinator, Citizens for the Old Town, advising that Behind the Tines
Publishing's Ross Frame and Tamara Kure have come up with a great idea which they
endorse enthusiastically. In July 1799 American entrepreneur Asa Danforth commenced
construction of the "Road to Kingston" linking York, the new capital of Upper Canada
.Week with earlier settlements to the east, and establishing a starting point for further
settlement along the north shore of Lake Ontario. This early highway was intended to
provide secure communications and open new lands to settlers, thus encouraging
immigration and improving the economy.
Summary of Correspondence - 11 - March 8, 1999
The Honourable Sheila Copps, the M.P. for Whitby -Ajax, Judi Longfield, as well
as other GTA Regional and Municipal Councils, the Regional Council of
Hamiton - Wentworth and the Council of Sault Ste. Marie for their endorsement
and support; and
3. THAT staff be given direction to prepare a report on Bill C55 as it relates
to other industries in Durham Region."
(Refer to staff for consideration in conjunction with
the report being prepared on this matter)
D — 11 Judy Sgro, City of Toronto Councillor, advising of a resolution passed by the City of
Toronto Council as follows:
"1 . the City of Toronto reaffirm its support for deposit /return systems as the
preferred mechanism for maximizing diversion and lowering municipal
costs;
2. the Province of Ontario be requested to supply to the City Clerk, all
correspondence from 1996 to present related to waste diversion between
the Corporations supporting recycling (and their member organizations)
and the Province of Ontario (specifically the Office of the Premier, the
Minister of the Environment, and Consumer and Commercial Relations)
and should this information not be forthcoming by March 1, 1999, the City
Solicitor be directed to make a Freedom of Information request in this
regard;
3. the City Clerk request the Minister of the Environment to appoint a
Member of City Council who is a Member of the City's Works and
Utilities Committee, in addition to any representation which may be
provided by the Association of Municipalities of Ontario (AMO), to sit on
the Province's Waste Diversion Organization, in order to ensure that the
interests of the City of Toronto are considered; and
4. the Premier of Ontario and the Minister of the Environment be advised of
Council's strong objection to:
a) having the Corporations Supporting Recycling (CSR) provide
executive, professional and administrative services to the Waste
Diversion Organization (SDO); and
b) the apparent back- sliding in funding for the WDO."
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Motion for Direction)
Summary of Correspondence -12-
March 8, 1999
D — 12 Don Yeo, President, Clarington Branch of the Canadian Cancer Society, advising that
April is Cancer Month. He is requesting the Municipality of Clarington to proclaim April
Cancer Month, March 26, 1999 as Daffodil Day and to fly the Cancer Society flag from
the flag poles at the Newcastle Town Hall, the Courtice Recreation Complex and the
Municipal Administrative Centre, with the official flag raising ceremony taking place at
the Municipal Administrative Centre on April 1, 1999.
(Motion to proclaim and approve flying of flags and
Daffodil Day)
D — 13 Garth Gilpin, Secretary- Treasurer and General Manager, Bowmanville B.I.A., requesting
street closings for various events in the Business Improvement Area.
(Motion to approve request provided organizers
apply for and obtain Road Occupancy Permits from
the Public Works Department)
D — 14 Bob Wade, Mayor, Town of Ancaster, advises that today, municipal leaders face the
challenge of planning and delivering livable cities with shrinking financial resources.
The Urban Transportation Council of the Transportation Association of Canada (TAC)
has considered ways and means to meet that challenge. Their suggestions appear in a
briefing entitled ACHIEVING LIVABLE CITIES. (A copy of the briefing is available in
the Clerk's Department) He is requesting endorsement of a resolution with respect to a
new vision for urban transportation. (A copy of the correspondence is attached to the
Summary of Correspondence.)
(Motion for Direction)
D — 15 R.A. Dancey, Director of Family Services, Region of Durham, advises that Family
Service Ontario wishes to convince the Provincial Government that investing in families
is worthwhile. Family Service Ontario is the professional body for 48 family service
agencies across Ontario, and the body that accredited their agency. Currently, all
agencies must find funding for all people for whom they provide counselling. As a
result, people with employee assistance plans can get counselling quickly, while low -
income people must wait months for any counselling in areas other than Durham. In
many cases, they may face high user fees. They are requesting all interested people in
Ontario to write individually to their M.P.P., Premier Harris, Ministers Ecker, Eves, and
Witmer, advocating for funding for families in line with the document — Families Work.
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Motion for Direction)
Summary of Correspondence - 13 - March 8, 1999
D — 16 Pamela Quirk, Cor- ordinator, Fund Raising Events, Multiple Sclerosis Society of
Canada, requesting permission to hold the 1999 Bowmanville Super Cities WALK for
MS in the Town of Bowmanville on Sunday, April 18. The WALK is scheduled to begin
at 8;00 a.m, and finish by 3;00 p.m., and all routes will begin and end at the Bowmanville
High School. The Super Cities WALK for MS is a one day major fundraising event
involving 85 cities across Canada. The funds raised help provide services for those in
Bowmanville living with Multiple Sclerosis, as well as fund research initiatives into the
cause and cure of the disease.
(Motion to approve provided the applicants apply
for and obtain a Road Occupancy Permit from the
Public Works Department)
MUNICIPALITY OF CLARINGTON
COUNCIL MEETING
MARCH 8,1999 - 7:00 P.M.
FILE
MUNICIPALITY OF
Harington
ONTARIO
DATE: MARCH 8, 1999
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURE OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a regular meeting of Council held on February 22, 1999
PUBLIC MEETING
Under the Expropriations Act to consider the Municipality's application for approval to
expropriate certain lands in the Cove Road and Cedarcrest Beach Road areas
• '7 1W LT II.11�1 [i7►1
Charles Packer and Carl Andognini, Ontario Hydro — Update on the Darlington Nuclear
Generating Station
DELEGATIONS
COMMUNICATIONS
Receive for Information
I — I Clarke Museum & Archives — Minutes of a meeting of February 2, 1999
I — 2 Kawartha Conservation — Minutes of a special meeting of February 11, 1999
1-3 John C. Hughes, Director, Ministry of Transportation — Ontario's Vehicle
Impoundment Program
I — 4 Blue Circle Cement Community Relations Committee — Minutes of a meeting of
January 18, 1999
I — 5 Stewart A. Taylor, Mayor, City of Owen Sound — OSUM Conference
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • LIC 3A6 • (905) 623-3379 • FAX 623-4169 elcrcuo .�.
Council Agenda - 2 - March 8, 1999
COMMUNICATIONS
I — 6 Visual Arts Centre of Clarington — Five Days in March
I — 7 John Milton, Executive Director, Ontario Recreation Facilities Association Inc. —
44a' Annual Training and Development Program
I — 8 Kim Wildman, Durham '99 Project Manager — Durham Passport Program
I — 9 George S. Graham, Clerk -Administrator, Township of Brock — Dissolution of
Kawartha Conservation
1-10 Sallie Barrie, Administrator, Durham Region Community Care Association —
Grant
I — 11 News Release, Atomic Energy Control Board — Public Comment Invited on
AECB Licensing Actions
1— 12 Wayne Arthurs, Mayor, Town of Pickering — Airport Site
1— 13 R.W. Messervey, District Manager, Ministry of Natural Resources — Aggregate
Resources Act
1-14 Janet Mason, Assistant Deputy Minister, Ministry of Municipal Affairs and
Housing — Municipal Act
1— 15 P.M. Madill, Regional Clerk, Region of Durham — By-law to Limit Tax Reform
Related Property Tax Increases
1-16 P.M. Madill, Regional Clerk, Region of Durham — 1999 Regional Budgets
Preliminary Guideline and Timetable
1— 17 Association of Municipalities of Ontario — Correspondence from Tony Clement,
Minister of Transportation — Red Light Enforcement Pilot Projects
1— 18 Durham '99 Information Package
1— 19 Michael Power, President, Association of Municipalities of Ontario — Model Gas
Franchise Agreement
1-20 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region
Conservation Authority — 1999 General Levy
Council Agenda - 3 - March 8, 1999
COMMUNICATIONS
I — 21 Central Lake Ontario Conservation Authority — Minutes of February 16, 1999
I — 22 Kawartha Conservation Bulletin — Conservation Budget is Passed
1-23 D.A. Bentley, Deputy Clerk, Region of Durham— Status of Class Environmental
Assessment for Additional Water Pollution Control Plant Capacity for Whitby,
Oshawa and Clarington
1— 24 W. Donald Cousens, Mayor, Town of Markham — World Mental Health Day
Receive for Direction
D — l W.D. Spencer, Corporation of the Town of Keewatin - Gas Prices
D — 2 Suzanne Routh, National Co-ordinator, Canada Book Day — Canada Book Day
Celebrations
D — 3 Gordon T. Pearson, Executive Officer, Durham Region Home Builders'
Association — New Homes Month
D — 4 C. Gushulak, Secretary, Navy League of Canada — Navy League Tag Days
D — 5 Joseph B. Christl Sr., Kriscorp Ltd. — One Foot Reserve
D — 6 P.M. Madill, Regional Clerk, Region of Durham — Dissolution of Kawartha
Conservation
D — 7 Rollo Myers, Co-ordinator, Citizens for the Old Town — Canada Week Festivities
D — 8 Ron Hope, President, Newcastle B.I.A. — CAUSE Study
D — 9 Town of Kearney — Sentence Passed Down to Robber
D — 10 P.M. Madill, Regional Clerk, Region of Durham — Implications and Ramifications
of Bill C55 on Canadian Business
D — 11 Judy Sgro, City of Toronto Councillor — Municipal Blue Box Programs
D — 12 Don Yeo, President, Clarington Branch of the Canadian Cancer Society — Cancer
Month and Daffodil Day
D — 13 Garth Gilpin, Secretary -Treasurer and General Manager, Bowmanville B.I.A. —
Street Closings for 1999 Activities
Council Agenda - 4 - March 8, 1999
COMMUNICATIONS
D — 14 Bob Wade, Mayor, Town of Ancaster — A New Vision for Urban Transportation
D — 15 R.A. Dancey, Director of Family Services, Region of Durham — Helping Families
Work Better
D — 16 Pamela Quirk, Cor -ordinator, Fund Raising Events, Multiple Sclerosis Society of
Canada — WALK for MS
MOTION
NOTICE OF MOTION
Councillors Trim and Mutton indicated that they would, at the next or subsequent
meeting of Council introduce the following motion:
REPORTS
"THAT the Council of the Municipality of Clarington consider the feasibility of
the establishment of Community Police Liaison Committees representing the
various policing zones, and
THAT as part of the consideration process, Carol Johnson, Executive Director,
Crime Concern, Inspector Ross Smith and Staff Sergeant Ted Dionne, be
requested to make a presentation to Council at their earliest convenience."
General Purpose and Administration Committee Report of March I, 1999
2. Confidential Verbal Report of the Solicitor — Legal Matter
3. Confidential Report ADMIN -8-99 — Personnel Matter
4. Confidential Report ADMIN -9-99 — Personnel Matter
5. Report SOL -1-99 — The Report of Mr. Harold S. Goldkind, Q. C., the Inquiry
Officer, under the Expropriations Act respecting the Proposed Expropriation of
Cove Road and Certain Other Lands and Rights -Of -Way and consideration of the
Inquiry Report by Council
UNFINISHED BUSINESS
Report PD -20-99 — Ontario 2000 — Main Street Ontario Funding Program
Council Agenda -5 - March 8, 1999
BY-LAWS
OTHER BUSINESS
BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
v
Council Minutes
MUNICIPALITY OF CLARINGTON
Minutes of a regular meeting of Council
held on Monday, February 22, 1999, at
7:00 p.m., in the Council Chambers
PRAYERS Councillor Schell led the meeting in prayer.
ROLL CALL
February 22, 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
Acting Director of Planning and Development, D. Crome
Solicitor, D. Hefferon
Treasurer, M. Marano
Director of Public Works, S. Vokes
Divisional Fire Chief, G. Weir
Municipal Clerk, P. Barrie
DISCLOSURE OF PECUNIARY INTEREST
Councillor Schell indicated that he would be making a disclosure of
pecuniary interest with respect to Correspondence Item I — 15.
MINUTES OF PREVIOUS MEETINGS
Resolution #C-123-99
Moved by Councillor Trim, seconded by Councillor Schell
THAT the minutes of a regular meeting of Council held on
February 8, 1999, be approved.
Council Minutes - 2 - February 22, 1999
PRESENTATION
DELEGATIONS
Craig Brown, Chair, Clarington Library Board, advised Council of a joint
venture which the public library and the Municipality are undertaking in
recognition of the Municipality's 25`h Anniversary. They are requesting
that children ages 8 to 18 years submit their views of Clarington as it will
be in the year 2024 (50`h Anniversary of the Municipality). A publication
will be produced highlighting the entries received. Entry forms have been
distributed to all schools, to each branch of the library and to the Municipal
Administrative Centre. The deadline for entry submission is March 12,
1999.
Josh Thompson and Andrea Mirsch, Co -Chairs, c/o 4 Devondale Street,
Courtice, LIE 1SZ, Courtice Youth Centre, advised prior to the meeting
that they would not be in attendance.
David Wing, 145 Liberty Street South, #418, Bowmanville, LIC 4K5, was
called but was not present.
Roy Forrester, Orono, LOB IMO, was present to answer any questions
with respect to Report WD -10-99 and to thank Council and Staff for their
support of the Oak Ridges Trail Association. Mr. Forrester advised that
memberships in the Association are available at a cost of $15.00.
COMMUNICATIONS
Resolution #C-124-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT the communications to be received for information be approved
with the exception of Items I — 4, I — 10, I — 14, I — 15, I — 16, I — 17 and
1-19.
Y[N_ :\7:71�I7Y
Council Minutes
-3 February 22, 1999
COMMUNICATIONS
I — 1
Mary Ann Found, President, Durham East 4-H Council, forwarding a letter
of appreciation to the Municipality
of Clarington for the awarding of funds
from the Ontario Lottery Advance Funding Program.
She advised that it
will be put to good use as they strive to offer continued service to the
youth in the area through
a strong and vibrant 4-H program.
(Received for Information)
1-2
Jeffrey S. Schuyler, Water Management Co-ordinator, Kawartha
Conservation Authority,
advising of a Fish Habitat Management in Ontario
Information Session. Throughout the first
week of March 1999, a series of
information sessions concerning the new fish habitat review process will be
held throughout Central Ontario.
(Received for Information)
I — 3
P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising of
the endorsement of
a report by Regional Council respecting Guidelines for
Environmental Impact Studies.
(Received for Information)
I — 5
C. Smitton, Committee Secretary, Regional Municipality of Durham,
advising of the endorsement
of a report by Regional Council with respect
to Heavy Trucks Using Regional Road 3 in the Hamlet
of Enniskillen and
Related Truck Concerns at the Intersection of Durham Road
3 &
Columbus Road North, Oshawa.
(Received for Information)
I — 6
Minutes of a meeting of the Kawartha Conservation Authority held on
January 20, 1999.
(Received for Information)
1-7
Minutes of a meeting of the Bowmanville Museum Board held on
January 13, 1999.
(Received for Information)
Council Minutes - 4 - February 22, 1999
COMMUNICATIONS
1-8 John R. O'Toole, MPP, Durham East, advising of a response received from
the Minister of Finance with respect to GO Transit funding. He stated that
although the Minister indicated that he does not plan to share provincial
transportation -based revenues with municipalities, the Province has
provided municipalities with other funding mechanisms. In his response,
the Minister indicated that $106.5 million has been provided through the
Municipal Capital and Operating Restructuring Fund.
(Received for Information)
1-9 Michael Power, President, Association of Municipalities of Ontario,
forwarding a letter thanking the municipality for their support in renewing
their AMO Membership fees. He stated that ongoing support will ensure
that AMO continues to speak for the betterment of municipalities in every
part of Ontario. By combining our voices through AMO, Ontario's
municipalities are able to exert a level of influence over provincial decision-
making that would simply not be possible if each municipality acted alone.
Continued support sends a strong message to the Province that
municipalities are united in their determination to ensure that municipal
governments are given the flexibility, the scope and the ability to deal with
their own local issues without undue interference from the Province.
(Received for Information)
Betty Irving and Committee Members, Bowmanville Santa Claus Parade,
forwarding a letter of appreciation to thank all of those who assisted with
another successful parade and especially for the use of parade marshal vests
to ensure safety for all. She also thanked the municipality for the use of the
old Fire Hall and accommodating changes to the parade route once again.
(Received for Information)
1-12 Member Communication Alert received from the Association of
Municipalities of Ontario entitled "Treatment for Federal Payments in Lieu
of Property Tax Announced." On Monday, February I" the federal
government announced the procedures it will follow in determining
payments in lieu of property taxes made to municipalities for 1998 and
beyond. The procedures agreed to by the federal government provide that
taxable property that did not pay Business Occupancy Tax (BOT) in 1997
or earlier will be shown as having a minimum BOT amount of 30% on the
frozen assessment listing that is used to calculate capped amounts.
Council Minutes - 5 - February 22, 1999
COMMUNICATIONS
In this way, federal properties will see an increase of 30% in property taxes
before the caps are applied. This will allow these increases to flow to
municipalities via increased payments in lieu.
(Received for Information)
1— 13 Emil Kolb, Chair, Board of Directors, Ontario Property Assessment
Corporation (OPAC) advising of the appointment of Bob Richards as
President and CAO of OPAC. He stated that in negotiating the
Memorandum of Understanding with the Ministry of Finance, which
governed the establishment of OPAC, their negotiating team pressed and
was successful in having the fees for supplementary assessments in the
years 1995, 1996 and 1997 cancelled. This represents savings of $59
million to municipalities across Ontario. Through negotiation, his team
was also able to secure $49 million in funding to deal with assessment
appeals outstanding in 1997 and prior years and new assessment appeals
brought about by the introduction of current value assessment in the
Province. The Province had initially offered $33 million.
(Received for Information)
1— 18 Paula M. Dill, Assistant Deputy Minister, Ministry of Municipal Affairs and
Housing, advising of the Year 2000 Contingency Planning for the Health
Sector. While every organization and provider is legally responsible for
remediating their Year 2000 problems, their best efforts made may either
be insufficient or too late. Specifically, problems may result from inter-
sectoral disruptions beyond the control of individual health care providers
(e.g., power, water, telecommunications, or transportation system failures).
For this reason, operational continuity and emergency preparedness must
be key elements of every organization's and every community's efforts to
be ready for the unexpected which may be brought on by the Year 2000.
(Received for Information)
1-4 Big Brothers of Clarington , advising that It's Bowl for Millions Time
Again. This year the "Big Brothers Bowl For Millions Campaign" will be
Bowl for Millions held during the week of February 20 — 27, and they are seeking active
M02.GE support from the community for this fundraiser. To get your sponsor
sheets and book your day, time and the number of bowlers on your team,
please call Big Brothers of Clarington at 623-6646.
(Received for Information)
Council Minutes - 6 - February 22, 1999
COMMUNICATIONS
Resolution #C-125-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I — 4 be received for information.
KOLM_1
1-10 Nancy Wright -Laking, Clerk, Township of Fenelon, advising of a
resolution of the Township of Fenelon as follows:
Resolution re:
Dissolution of "WHEREAS motions calling for the dissolution of Kawartha
Kawartha Conservation Conservation have been received from the Village of Bobcaygeon,
AOLKA Village of Omemee and the Township of Manvers;
AND WHEREAS the Board of Directors of the Kawartha
Conservation must request the Lieutenant Governor in Council to
dissolve the Kawartha Region Conservation Authority,
AND WHEREAS to this end the Kawartha Region Conservation
Authority must prepare a report for submission to and acceptance
by the Minister of Natural Resources;
AND WHEREAS in this report there must be provision 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;
AND WHEREAS the member municipalities of the Kawartha
Region Conservation Authority do not have provision made for
future flood control and watershed interests and for the disposition
of all assets and liabilities of the conservation authority;
AND WHEREAS there has been no evidence forwarded that the
services performed by the Kawartha Region Conservation
Authority can be performed more cost efficiently or expediently by
any other organization;
Council Minutes - 7 - February 22, 1999
COMMUNICATIIONS
AND WHEREAS a consultants report will be required prior to any
decisions being made on this matter at a tremendous cost to all
member municipalities;
AND WHEREAS the Council of the Township of Fenelon is
concerned with the disposition of conservation lands specifically
held in the Township of Fenelon and do not want to assume
responsibility or liability for such lands;
NOW THEREFORE the Council of the Township of Fenelon do
not support the request for dissolution of the Kawartha Region
Conservation Authority."
Resolution #C-126-99
Moved by Councillor Young, seconded by Councillor Novak
THAT the resolution of the Township of Fenelon regarding
the dissolution of the Kawartha Region Conservation Authority be
endorsed by the Council of the Municipality of Clarington.
..:1 b
1-14
Ernie Eves, Minister of Finance, advising of the upcoming release of
information on 1998 Local Services Realignment (LSR) year-end
1998 Local
adjustments and the 1999 LSR forecast. He stated that for many
Services Realignment
municipalities, 1998 LST costs will be lower than forecast. Municipalities'
(LSR)
1998 costs were reduced by $50 million as a result of the Province's
M06.GE
decision to pay 100% of the cost of supportive housing and domiciliary
hostels. Also, municipalities may experience lower 1998 LSR costs if
actual 1998 invoices were less than forecast in March. As announced in
August, adjustments to municipalities 1998 CRF entitlements will be made
where net actual 1998 LSR costs exceed the amount forecast March 31,
1998. No CRF adjustment will be provided to a municipality if an increase
in one LSR program cost is fully offset by a decrease in another LSR
program. Where actual LSR 1998 costs are lower than the March 1998
forecast, there will be no reduction in 1998 CRF. Therefore, a number of
municipalities across the Province will benefit.
Council Minutes -8 - February 22, 1999
COMMUNICATIONS
Resolution #C-127-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I — 14 be received for information.
1— 15 Councillor Schell made a disclosure of pecuniary interest with respect to
Correspondence Item I — 15; vacated his chair and refrained from
discussion and voting on the subject matter. Councillor Schell indicated
that he is employed by Blue Circle Canada Inc.
Minutes of a meeting of Blue Circle Cement Community Relations
Committee held on October 19, 1998.
Resolution #C-128-99
Minutes -Blue Moved by Councillor Rowe, seconded by Councillor Young
Circle Canada Inc.
C06.13L THAT Correspondence Item I — 15 be received for information.
1-16 Information Bulletin received from Durham Region, extending an invitation
to join their year long festival of culture and sporting events with respect to
25th Anniversary Celebrating the 25`h Anniversary of the Region of Durham. There are many
Celebrations of the events hosted by various groups throughout the Region and are listed in
Region of Durham their Calendar of Events. For more information on any of the events,
M02.GE please contact the Durham Region Tourism office at 1-800-413-0017.
Resolution #C-129-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I — 16 be received for information.
"CARRIED"
Council Minutes - 9 - February 22, 1999
COMMUNICATIONS
1-17 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising of
a resolution passed the Regional Municipality of Durham as follows:
Resolution re:
Economic Plan for "THAT the proposal by the Durham Region Economic
The Millennium Development Advisory Committee to prepare a new economic plan
C10.AD for the millennium at a cost of $150,000.00 financed by the Human
Resources Development Corporation be endorsed, and further;
THAT local municipalities be encouraged to actively participate in
the development of the economic plan."
Resolution #C-130-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I — 17 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-131-99
Moved by Councillor Schell, seconded by Councillor Young
THAT the foregoing Resolution #C-130-99 be amended by adding the
following thereto:
"THAT a copy of the correspondence be forwarded to the Board of
Trade."
"CARRIED"
The foregoing Resolution #C-130-99 was then put to a vote and
CARRIED AS AMENDED.
Council Minutes - 10- February 22, 1999
COMMUNICATIONS
1-19 J.D. Leach, City Clerk, City of Vaughan, advising of a resolution passed by
the City of Vaughan as follows:
Resolution re:
Public Transit "WHEREAS the City of Vaughan deems it in the public interest to
C10.AD promote the use of public transit as a means of reducing pollution
and reducing congestion on municipal, regional and provincial
highways;
WHEREAS the Province of Ontario has downloaded the cost of
operating transit systems and the responsibility for many provincial
highways to the municipalities;
WHEREAS the Province of Ontario has historically utilized funds
generated by transportation -based taxes to offset the cost of
maintenance of provincial roadway;
WHEREAS the Province of Ontario has eliminated capital and
operating funding for roads and municipal transit systems;
THEREFORE BE IT RESOLVED by the Council of the City of
Vaughan as follows:
THAT the Province of Ontario be requested to allocate part of
transportation -based tax revenues to assist municipalities in the
funding of their transportation systems;
THAT the Province of Ontario be requested to provide a strong
financial commitment to GO Transit and transit in general; and
THAT a copy of this resolution be forwarded to the Premier of
Ontario, Minister of Transportation, Minister of Finance,
Mr. AI Palladini, M.P.P., GTA Municipalities and the Canadian
Urban Transit Association."
Council Minutes 11 - February 22, 1999
COMMUNICATIONS
Resolution #C-132-99
Moved by Councillor Mutton, seconded by Councillor Rowe
THAT the resolution of the City of Vaughan, requesting the Province of
Ontario to allocate part of transportation -based tax revenues to assist
municipalities in the funding of their transportation systems, be endorsed by
the Council of the Municipality of Clarington.
Resolution #C-133-99
Moved by Councillor Mutton, seconded by Councillor Novak
THAT Correspondence Items D — 3, D — 4, D — 6 and D — 9 be approved
as per the agenda.
D-3 T.R. Pickle, Chair, Lake Ontario Chapter, Professional Engineers Ontario,
advising that for 8 days beginning Sunday, February 28, 1999, the
Professional Engineering community from Halifax to Victoria will be
observing National Engineering Week in Canada. They are requesting the
Municipality of Clarington to proclaim the week of February 28°i 1999 as
Engineering Week.
(Proclaimed)
D-4 Allard W. van Veen, President & Founding Member, Pitch -In Ontario,
requesting the Municipality of Clarington to proclaim Pitch -In Week
May 3 — 9, 1999.
(Proclaimed)
D-6 Brenda Lloyd, 53 Elgin Street, Bowmanville, LIC 3C9, on behalf of the
Lighthouse District Girl Guides of Canada, requesting permission to
implement a Yellow Fish Road Storm Drain Marking Program. This
program is designed to heighten public awareness of ways to conserve and
protect our water resources for future generations. A yellow fish is painted
at each sewage drain and leaflets are distributed to homes explaining the
purpose.
(Referred to the Director of Public Works to assist
with this project)
Council Minutes -12-
COMMUNICATIONS 12 -
COMMUNICATIONS
February 22, 1999
D-9
Steve Stewart, President, Canadian Red Cross, requesting the Municipality
of Clarington to proclaim the month of March as Red Cross Month and
permission to fly the Red Cross flag at the Municipal Administrative
Centre.
(Proclaimed and permission granted to fly the Red
Cross flag in the Municipal Square)
D-5
John Maloney, President, Bowmanville Drama Club, expressing an interest
in utilizing a section of the Firehall/Courthouse to make a permanent home
Bowmanville
for their club. As a local theatre group since the early 1960's,
Drama Club — Use
Bowmanville Drama Club has been putting on amateur theatre, two
Of Fireball
productions per year, previously within the Bowmanville Town Hall and
A19.GE
currently in Bowmanville High School's Auditorium. Currently new
policies and other restrictions within the school board have made the idea
of obtaining a permanent home for the club more and more appealing. The
Bowmanville Drama Club has some original ideas how to upgrade the
second floor and turn it into an area which could be utilized by groups as
well as their own.
Resolution #C-134-99
Moved by Councillor Mutton, seconded by Councillor Novak
THAT Correspondence Item D — 5 be referred to the Property Manager
for appropriate action at such time as the Municipality is in the position to
discuss the future use of the building.
D — 1 S. Birrell, Director Council Support & Communications, City of Kingston,
advising of a resolution passed by the City of Kingston as follows:
Resolution re:
Waste Diversion "WHEREAS the Minister of the Environment for Ontario has
C10.AD announced a plan to increase waste diversion in the province and
provide some financial relief for municipalities;
Council Minutes - 13 - February 22, 1999
COMMUNICATIONS
AND WHEREAS it is the position of the City of Kingston that
companies generating products or packaging must contribute
financially, through a producer responsibility stewardship model,
toward the waste management costs of their product or packaging;
AND WHEREAS a Waste Diversion Organization will be formed
to develop, implement and fund municipal initiatives aimed at
increasing waste diversion;
AND WHEREAS the provincial government has committed a
funding contribution in the amount of $4 million from the LCBO to
offset costs associated with handling LCBO glass containers;
AND WHEREAS the Waste Diversion Organization is expected to
begin payments to municipalities -for up to 50% of blue box
operating costs in the year 2000;
AND WHEREAS municipalities are faced with increased net costs
for recycling resulting from market forces beyond municipal
control;
NOW THEREFORE BE IT RESOLVED that the Corporation of
the City of Kingston acknowledge the Minister of the
Environment's announcement as a starting point in the process of
correcting the significant funding inequities that exist between
Waste Management costs borne by the municipal taxpayer versus
the producer of the product or packaging;
BE IT FURTHER RESOLVED that the Corporation of the City of
Kingston petition the Minister of the Environment to ensure the
Waste Diversion Organization multi -stakeholder structure equitably
represent the level of financial obligation by each participating
stakeholder;
BE IT FURTHER RESOLVED that the Corporation of the City of
Kingston request the LCBO funding contribution be distributed
among municipalities in the province based on the mass of glass
recovered. This approach is consistent with the Minister's concept
of rewarding good performance.
Council Minutes - 14- February 22, 1999
COMMUNICATIONS
BE IT FURTHER RESOLVED that the LCBO contributions be set
at a level that reflects true handling costs of all packaging
originating from the LCBO including plastic bottles;
BE IT FURTHER RESOLVED that the Corporation of the City of
Kingston petition the Minister of the Environment to enact enabling
legislation to support the necessary financing from all industry
sectors whose products or packaging are handled by municipal
waste management programs;
BE IT FURTHER RESOLVED that if municipal recycling
programs are to manage and sustain themselves through the current
market difficulties, that immediate financial support be made
available over the above LCBO seed money;
BE IT FURTHER RESOLVED that a copy of this resolution be
sent to the Minister of the Environment, the Association of
Municipalities of Ontario and circulated to all Ontario municipalities
for their support."
Resolution #C-135-99
Moved by Councillor Mutton, seconded by Councillor Schell
THAT the resolution of the City of Kingston regarding the Minister of the
Environment for Ontario's announcement of a plan to increase waste
diversion in the Province and provide some financial relief for
municipalities, be endorsed by the Council of the Municipality of
Clarington.
060101-111W762
D-2 Town of Tillsonburg, advising of a resolution as follows:
Resolution re: "AND RESOLVED THAT the Municipal Act, RSO 1990, does not
Regulate or Prohibit allow municipalities to regulate or prohibit a class or breed of
Class or Breed of Dog dog nor is there a specific provision in the Act pertaining to dogs
C IO.AD that allows for the prohibition or regulation of dogs by breed or
class;
Council Minutes - 15 - February 22, 1999
COMMUNICATIONS
AND WHEREAS the rottweiler and the pitbull are breeds of dogs
that have shown a propensity to be vicious and attack endangering
both human life and that of other animals in the Town of
Tillsonburg and elsewhere in the Province of Ontario;
AND WHEREAS the Town of Tillsonburg has completed
significant research and review of animal control and has enacted
by-laws to regulate and restrict the acts of vicious dogs in the Town
of Tillsonburg;
AND WHEREAS the Town of Tillsonburg has previously deemed
it expedient and necessary to have specific legislation permitting the
Town to regulate and restrict the rottweiler and pitbull dog in the
Town of Tillsonburg through the Municipal Act, RSO 1990,
AND WHEREAS the Council of the Corporation of the Town of
Tillsonburg has petitioned the Legislative Assembly of Ontario in a
letter dated May 1, 1998 with over 1,000 signatures through their
Local Member of Provincial Parliament, Mr. Toby Barrett —
Norfolk and Tillsonburg;
AND WHEREAS another vicious attack has occurred on a boy in
West Williams Township near Strathroy, Ontario by two rottweiler
dogs leaving the child in critical condition;
THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Town of Tillsonburg request the Minister of
Municipal Affairs for the Province of Ontario to enact the
permissive legislation to restrict and regulate both the rottweiler
and pittbull dog through the Municipal Act, RSO 1990, that will
allow the Town of Tillsonburg and all municipalities across the
Province of Ontario to address the significant danger posed to
citizens prior to a vicious attack by those dogs;
AND FURTHER THAT this resolution be sent to the Premier of
Ontario, Minister of Municipal Affairs and the local Member of
Provincial Parliament, Mr. Toby Barrett — Norfolk and Tillsonburg,
West Williams Township and all municipalities across the Province
of Ontario."
Council Minutes - 16- February 22, 1999
COMMUNICATIONS
Resolution #C-136-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT Correspondence Item D — 2 be received for information.
D-7 Donald G. McKay, Town Clerk, Town of Whitby, advising of a resolution
passed by the Town of Whitby as follows:
Resolution re:
Bill C55 "WHEREAS Co -Steel Lasco is a vital part of the economy of
C10.AD Durham Region, Ontario and Canada, particularly since in excess of
50% of the steel produced is exported to the United States, and
WHEREAS Bill C 55 will have a significant impact on the ability of
Co -Steel Lasco to export to the United States;
NOW THEREFORE BE IT RESOLVED THAT:
The Corporation of the Town of Whitby respectfully
requests the Canadian Government and in particular the
Honourable Sergio Marchi, Minister for International
Trade, to consider the possible implications and
ramifications Bill C 55 will have on Canadian business and
in particular the exports of Co -Steel Lasco; and
This resolution be forwarded to the Prime Minister of
Canada, The Right Honourable Jean Chretien, the Ministry
of Industry Canada, The Honourable John Manley, the
Premier of Ontario, The Honourable Michael Harris, the
Minister of Economic Development, Trade and Tourism,
The Honourable Al Palladini, the M.P. for Whitby -Ajax,
Judi Longfield, as well as other GTA regional and municipal
councils, the Regional Council of Hamilton -Wentworth and
the Council of Sault Ste. Marie for their endorsement and
support."
Council Minutes - 17- February 22, 1999
COMM[ JNICATIIONS
Resolution #C-137-99
Moved by Councillor Novak, seconded by Councillor Schell
THAT Correspondence Item D — 7 be referred to staff in order for a report
to be prepared and submitted to the General Purpose and Administration
Committee.
D — 8
Mary Jo Woollam, Regional Clerk, Regional Municipality of Ottawa -
Carleton, advising of a resolution passed by the Regional Municipality of
Resolution re:
Ottawa -Carleton, as follows:
Development
Charges Act
"THAT Council approve staff write to the appropriate Minister and
C10.AD
request that under the Ineligible Services (4) of the Development
Charges Act, Item number 1 be eliminated from Ineligible Services,
and that this request be forwarded to other cities in Ontario with a
population at or over 50,000."
Ottawa -Carleton, like many other municipalities in Ontario, believes that a
well developed cultural infrastructure ensures the economic growth of a
community. Currently, the Development Charges Act excludes cultural
and entertainment facilities. Were this item changed, municipalities would
be able to raise the necessary funds through development charges for the
building and care of these very important facilities.
Resolution #C-138-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT the resolution of the Regional Municipality of Ottawa -Carleton
regarding the Development Charges Act, be endorsed by the Council of the
Municipality of Clarington.
Council Minutes - 18 - February 22, 1999
COMMUNICATIONS
D — 10 C.A. Stirtzinger, City Clerk, City of Welland, advising of a resolution
passed by the City of Welland as follows:
Resolution re:
Bill 79 "THAT WHEREAS Bill 79, Fairness for Property Taxpayers Act,
C10.AD 1998, received Royal Assent on December 18, 1998;
AND WHEREAS Ontario Regulation 7-99 made under the
Municipal Act by the Minister of Finance, dated January 13, 1999,
is a convoluted process to establish the 10/5/5 percent cap on taxes
for certain property classes for 1998, 1999 and 2000, which will
result in considerable additional staff time to administer and
implement;
AND WHEREAS Ontario Regulation 7-99 prevents municipalities
from issuing interim 1999 tax bills until the impact of the
calculation of the 10/5/5 percent capping on certain property
classes is determined and billed which results in additional
borrowing costs to meet cash flow requirements;
NOW THEREFORE BE IT RESOLVED THAT the Province of
Ontario be advised that the City of Welland has serious concerns
with the retroactive re -taxing process resulting from Bill 79,
Fairness for Property Taxpayers Act, 1998, and therefore, strongly
urges the Province to fund the additional costs forced on
municipalities resultant from this untimely legislative change; and
THAT the Association of Municipalities of Ontario (AMO) be
requested to forward a copy of this resolution to all Ontario
Municipalities for their support and endorsement; and further
THAT the City Clerk provide a copy of the resolution to the
Region of Niagara and the area municipalities within; the Premier
of Ontario; the Minister of Finance; and the area MPP's within
Niagara."
Council Minutes - 19- February 22, 1999
COMMUNICATIONS
Resolution #C-139-99
Moved by Councillor Mutton, seconded by Councillor Schell
THAT the resolution of the City of Welland, advising of serious concerns
with the retroactive re -taxing process resulting from Bill 79 and urging the
Province to fund the additional costs forced on municipalities resultant
from this untimely legislative change, be endorsed by the Council of the
Municipality of Clarington.
D — 11 Gord Robinson, Fair Manager, Durham Central Agricultural Society. They
are requesting a three year extension on a loan they received from the
Municipality. He advised that with continued sponsorship and good
weather, they feel they can pay a good portion of this loan off next year.
Resolution #C-140-99
Moved by Councillor Schell, seconded by Councillor Mutton
THAT the request of the Durham Central Agricultural Society for a
three-year extension on their loan from the municipality, be approved.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea Nay Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Trim
Councillor Young
Mayor Hamre
Council Minutes -20- February 22, 1999
MOTION
NOTICE OF MOTION
Resolution #C-141-99
Moved by Councillor Mutton, seconded by Councillor Trim
THAT staff be directed to prepare a zoning by-law amendment that
amends the provisions of the `General Commercial Exception (C1-2) Zone'
to permit residential units only on the second storey or above as applied to
Orono; and
THAT staff be authorized to advertise a Public Meeting on the zoning
application.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea Nay Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Trim
Councillor Young
Mayor Hamre
Resolution #C-142-99
Moved by Councillor Trim, seconded by Councillor Mutton
WHEREAS Mr. William Jose was a former owner of property in
Newcastle Village where the Dunbury Subdivision is built who lost his life
at the age of twenty while serving his country during World War I;
AND WHEREAS the Jose name and family tree dates back to the early
1800s in Newcastle and the family continues to be most active and involved
within the Village of Newcastle and the whole of Clarington and beyond;
Council Minutes -21-
NOTICE
21 -
NOTICE OF MOTION
February 22, 1999
NOW THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington request that Durham Region name a street (court, etc.) within
the Dunbury Subdivision in the Village of Newcastle after the late William
Jose.
: 10
COMMITTEE REPORTS
Report #1 Resolution #C-143-99
G.P.A. Report Moved by Councillor Novak, seconded by Councillor Mutton
February 15, 1999
THAT the General Purpose and Administration Committee Report of
February 15, 1999, be approved with the exception of Items 44 and 48.
Item #4 Resolution #C-144-99
Ontario 2000 Moved by Councillor Trim, seconded by Councillor Young
Main Street Ontario
Funding Program THAT Report PD -20-99 be referred back to staff to allow for a
F11.PR re-examination of the criteria used for allocation of funds under the Main
Street Ontario Funding Program.
"CARRIED"
Item #8 Resolution #C-145-99
Orono Arena Moved by Councillor Novak, seconded by Councillor Mutton
Expansion Project
A19.OR THAT Report CS -4-99 be received;
THAT Council endorse the Orono Arena Expansion Project, subject to
receipt of approval from the Durham Central Agricultural Society;
THAT Council approve an interest free loan, to an upset limit of one
hundred and twenty five -thousand dollars ($125,000), to be drawn on as
required by the Orono Amateur Athletic Association;
Council Minutes -22- February 22, 1999
U 60
Report #2
Municipal Flag
Policy
M09.GE
A09.MU
THAT a letter of intent for repayment of the loan in five annual
installments of twenty-five thousand dollars ($25,000) each with the first
payment due December 31, 2000; December 31, 2003, and the final
payment due December 31, 2004, be received;
THAT the required funds be drawn from the Impact/Escrow Reserve Fund
Account #1 110-196-X;
THAT the tendering process be administered by the Municipality of
Clarington in conjunction with the Orono Arena Board and the Orono
Amateur Athletic Association; and
THAT the Durham Central Agricultural Society, the Orono Amateur
Athletic Association and the Orono Arena Board be advised of action
taken.
Recorded Vote
Yea
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Trim
Councillor Young
Mayor Hamre
Resolution #C-146-99
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Nay
Moved by Councillor Young, seconded by Councillor Schell
THAT Report ADMIN -05-99 be received;
Absent
THAT Report ADMIN -05-99 be amended by including in Section 2.2, the
following municipally -owned facilities:
Council Minutes -23 - February 22, 1999
REPORTS
The Orono Arena
Bowmanville Museum
Clarke Museum & Archives
THAT the Municipal Flag Policy as outlined in Report ADMIN -05-99 be
approved; and
THAT flags be available for purchase, at cost plus applicable taxes, by
interested community groups, organizations, businesses and individuals.
Mayor Hamre advised that the Confidential Verbal Report from the
Solicitor as listed on the agenda, would not be heard this evening.
UNFINISHED BUSINESS
Resolution #C-147-99
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the delegation of Roy Forrester be received with appreciation.
Resolution #C-148-99
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the presentation of the Clarington Public Library Board be
acknowledged with appreciation and that the Library Board be advised that
the Municipality of Clarington looks forward to working them on the 25`h
Anniversary Project.
Council Minutes -24- February 22, 1999
BY-LAWS
Resolution #C-149-99
Moved by Councillor Schell, seconded by Councillor Young
THAT leave be granted to introduce the following by-laws, and that the
said by-laws be now read a first and second time:
99-22 being a by-law to authorize the execution of an agreement between
the Corporation of the Municipality of Clarington and Animal
Licensing Services Inc.;
99-23 being a by-law to assume certain streets within the Municipality of
Clarington as public highways;
99-24 being a by-law to assume certain streets within the Municipality of
Clarington as public highways and to name the same;
99-25 being a by-law of the Corporation of the Municipality of Clarington
to appoint a Tax Collector/Revenue Supervisor; and
99-26 being a by-law to provide for implementation and collection of an
interim tax levy for 1999 and future years.
Resolution #C-150-99
Moved by Councillor Schell, seconded by Councillor Young
THAT the third and final reading of By-laws 99-22 to 99-26 inclusive, be
approved.
Council Minutes -25- February 22, 1999
OTHER BUSINESS
Regional Update Councillor Mutton advised that Regional Council has recently approved the
allocation of funds for the 25`h Anniversary Celebrations.
The Waste Management Steering Committee has been holding public
meetings and receiving many ideas with respect to waste management. A
public meeting is to be held February 23, 1999 at the Oshawa Airport from
5:00 p.m. to 7:00 p.m.
Councillor Novak stated that the Health and Social Services Committee
has been dealing with the land ambulance issue and recommendations will
soon be coming to Regional Council.
Committee/Boards Councillor Mutton advised that Larry Hall has recently be re -appointed
Update Chair of the Ganaraska Conservation Authority.
Councillor Novak indicated that while she was Acting Mayor during Mayor
Harare's absence, she attended many functions but specifically mentioned
the opening of Dunbury Homes and the opening of the Eastern Ontario
Section Skating Competition.
Councillor Rowe indicated that the Local Architectural Conservation
Advisory Committee is planning a house tour for November 1999, the
Clarington Library is launching the public access to the internet on
March 2, 1999 and on March 1, Council will be given a preview of the
program. She also indicated that the Solina Hall Board, which is holding
their meeting this evening, is pleased with the Advanced Lottery Grant
which Council has approved. The Visual Arts Centre Annual General
Meeting is being held this Thursday, February 25, at 7:00 p.m. at the Mill.
Spring Break activities at the Visual Arts Centre include Kids at the Mill
and the Winter's Harvest Juried'Show is calling for entries by March 5,
1999. The dates of the show are March 28 — April 23 and all are welcome
to attend the opening on March 28 from 1:00 p.m. to 3:30 p.m. She noted
the new time for the "Everything Under the Sun" Exhibition as being June
26 and 27. 1999.
Councillor Schell advised that the Bowmanville B.I.A. is pleased with the
approval of the extended free parking in the downtown and the
Bowmanville Museum is hard at work planning their dinosaur exhibit and
their Canada Day Celebrations.
Council Minutes -26- February 22, 1999
OTHER BUSINESS
A meeting of the Road Watch Committee has been held and more
volunteers are still required for that program.
Councillor Trim indicated his concern that the public meetings for the
Waste Management are being held at 5:00 p.m., a difficult time for many
people to attend.
Councillor Young advised that during the public meeting on February 11,
1999, a 19 to 1 vote in favour of keeping the Kawartha Conservation
Authority resulted.
Resolution #C-151-99
Moved by Councillor Trim, seconded by Councillor Young
THAT the Council of the Municipality of Clarington extend their
appreciation to Nancy Scott for her work with the Clarington Big Brothers
and wish her well in her new endeavours in the Cobourg/ PortHope Big
Brothers Office.
Re-Ev"VITM791
CONFIRMING BY-LAW
Councillor Schell made a disclosure of pecuniary interest earlier in the
meeting; vacated his chair and refrained from discussion and voting on the
Confirming By-law
Resolution #C-152-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT leave be granted to introduce By-law 99-27, being a by-law to
confirm the proceedings of the Council of the Municipality of Clarington at
this meeting held on the 22nd day of February 1999, and that the said
by-law be now read a first and second time.
Council Minutes -27- February 22, 1999
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-153-99
Moved by Councillor Rowe, seconded by Councillor Young
THAT the third and final reading of By-law 99-27 be approved.
Resolution #C-154-99
Moved by Councillor Young, seconded by Councillor Schell
THAT the meeting adjourn at 8:15 p.m.
PUTRYOU
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
MARCH 8, 1999
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I — 1 Minutes of a meeting of the Clarke Museum & Archives held on February 2, 1999. (A
copy of the minutes is attached to the Summary of Correspondence.)
(Receive for Information)
I — 2 Minutes of a special meeting of Kawartha Conservation held on February 11, 1999. (A
copy of the minutes is attached to the Summary of Correspondence.)
(Receive for Information)
I — 3 John C. Hughes, Director, Ministry of Transportation, advising of the implementation of
Ontario's vehicle impoundment program. He advised that this new initiative is part of
Ontario's Road Safety Plan, the government's blueprint for making our roads safer. Bill
138, The Comprehensive Road SafetyAct, 1997, targets some of the worst offenders on
our roads, including those who drink and drive and those who drive while under a licence
suspension. Effective February 16, 1999, vehicles drive in Ontario by persons
apprehended for driving while their licence is suspended for a Criminal Code conviction,
will be impounded fora minimum of 45 days.
(Receive for Information)
I — 4 Minutes of a meeting of the Blue Circle Cement Community Relations Committee held
on January 18, 1999. (A copy of the minutes is attached to the Summary of
Correspondence.)
(Receive for Information)
I — 5 Stewart A. Taylor, Mayor, City of Owen Sound, inviting OSUM Members to the 1999
46th Annual Conference, May 5 — 8, 1999, which the City of Owen Sound is honoured to
host. This year's Conference will provide an exciting opportunity for municipal officials
to more clearly understand our rapidly changing world. Last year, Dr. David Foote,
demonstrated how changing demographics influenced the requirement for municipal
services. This year delegates will learn how municipalities must address changing
technologies as we approach the new millennium.
(Receive for Information)
I — 6 Media Release received from the Visual Arts Centre of Clarington, advising of activities
for Five Days in March. The artists are ready and waiting to bring special March Break
programs to the community. From March 15 — 19, the Centre is offering morning and
afternoon art classes in a variety of media.
(Receive for Information)
Summary of Correspondence - 2 - March 8. 1999
I — 7 John Milton, Executive Director, Ontario Recreation Facilities Association Inc., advising
of the 44`h Annual Training and Development Program to be held May 2 to May 7, 1999,
at the University of Guelph, and advising of several new initiatives, the Propane Safety
and Handling Program, and the continuing advancement of their web site at
www.orfa.com. The new Propane Safety and Handling course is recognized by the
Technical Standards and Safety Authority — Fuel Safety Branch. Essentially, under the
Energy Act, the Ontario Propane Code requires that all workers working with propane
must hold a certificate of qualification for the work they perform.
(Receive for Information)
I — 8 Kim Wildman, Durham '99 Project Manager, advising of Durham Region's 25`h
Anniversary. One of the events planned is a special Durham Passport Program. People
will be invited to purchase a passport and take advantage of the coupons and event
information listed within.
(Receive for Information)
I — 9 George S. Graham, Clerk -Administrator, Township of Brock, advising that the Council
of the Township of Brock has discussed correspondence received respecting the proposed
dissolution of Kawartha Region Conservation Authority and is opposed to any initiative
to dissolve the Authority. The Township of Brock has indicated that in the event
consultants are hired to address this matter, it is their opinion that the member
municipalities initiating the proposal to dissolve, should be responsible for such costs.
(Receive for Information)
I — 10 Sallie Barrie, Administrator, Durham Region Community Care Association, forwarding a
letter of appreciation for the one time Grant allocated to them by the Municipality of
Clarington. She advised that all funds will remain in the local community and will enable
them to continue to provide direct service to the residents of Clarington.
(Receive for Information)
I — 11 News Release received from the Atomic Energy Control Board, that the Atomic Energy
Control Board (AECB) is inviting public comment on upcoming licensing actions
for Ontario Hydro, Pickering Nuclear Generating Stations A and B — renewal of
operating licences and Ontario Power Generation Inc., change of operator and new
licences. These organizations have made applications to the Board. The Board gave
initial consideration to these proposals at its meeting on January 28, and is expected to
make the final licensing decisions following its meeting in Ottawa on March 25, taking
into account any comments or concerns expressed by interested parties or the public.
Anyone wishing to obtain a copy of the staff recommendations regarding these licensing
issues may call 1-800-668-5284. Written comments or requests for appearances before
the Board with respect to these licensing applications must be received by March 4, 1999.
(Receive for Information)
Summary of Correspondence - 3 - March 8, 1999
1-12 Wayne Arthurs, Mayor, Town of Pickering, advises that in July of 1998 The Honourable
David Collenette, Minister of Transport, initiated a thirty day public consultation period
in consideration of declaring federally held lands as an airport site under the federal
Aeronautics Act. At the request of the Town of Pickering, two extensions to the
consultations were granted to December 31, 1998. He advised that the Town of
Pickering met with federal representatives and others on two occasions during this
period. One of these meetings on October 15, 1998, included Minister Collenette. They
propose that after more than 25 years, it is timely and appropriate to establish a
"stakeholders forum" to address the matter of a proposed declaration and other issues of
local, regional, provincial and federal interests. They strongly believe that community
stakeholders have a legitimate role to play in such a process. A meeting was held on
March 2, 1999, at 2:00 p.m., at the Pickering Recreation Complex to initiate discussions
and set the stage for the stakeholders forum.
(Receive for Information)
I — 13 R.W. Messervey, District Manager, Ministry of Natural Resources, advising that they had
reviewed the request of Blue Circle Canada Inc., for an increase in tonnage limit
temporarily for the 1999 season. In accordance with subsection 13(3) of the Aggregate
Resources Act this request was also circulated to the local and regional municipalities for
their comments. No objections were received during the circulation of this request. In
accordance with subsection 13(2) of the Act, the Ministry is prepared to aprove a
temporary licence amendment to increase the tonnage limit from 3.0 to 3.3 million
tonnes. It is a condition of the licence amendment that:
the increase is only for the period of Jan. 1, 1999 to Dec. 31, 1999
the tonnage limit will be reduced to the original limit of 3.0 million tonnes per annum
on January 1, 2000.
(Receive for Information)
1— 14 Janet Mason, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing,
advises that a recently filed regulation under the Municipal Act has the effect of
prohibiting municipalities from licensing real estate companies, brokers and agents. The
Provincial Government's role is to ensure that municipal licensing does not result in
regulatory duplication and undue financial burdens on businesses in Ontario. Since the
real estate industry is regulated under the Real Estate and Business Brokers Act,
municipal licensing of real estate agents and brokers would constitute unnecessary
duplication. She advised that after careful examination, it has been decided to proceed
with the regulation.
(Receive for Information)
Summary of Correspondence - 4 - March 8, 1999
I — 15 P.M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of a By-law
to Limit Tax Reform Related Property Tax Increases to 10% in 1998, 5% in 1999 and 5%
in 2000 for Industrial, Commercial and Multi -Residential Properties in the Region of
Durham. (A copy of the by-law is attached to the Summary of Correspondence.)
(Receive for Information)
I — 16 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by
Regional Council as follows:
"a) THAT the preliminary timetable be approved for the 1999 Regional
Budgets for Water Supply, Sanitary Sewerage, Solid Waste Management
and General Tax Purposes as set forth in Attachment #1 of Report #1999-
F-8 of the Commissioner of Finance, which provides for Council approval
of the 1999 Budgets and Regional Tax Rates and Policies on March 31,
1999;
b) THAT the Region of Durham adopt as its budget strategy a 0% increase
after assessment growth;
C) THAT the Provincial Initiatives Section of the 1999 Regional Budget for
General Tax Purposes continue to be identified separately during the
budget process in order to disclose the impact of Provincial downloading
on local property taxes;
d) i) THAT the Province be requested to provide the Region with the
1998 final reconciled downloaded costs for 1998 and the 1999
budgeted costs for the downloaded services by February 1, 1999 in
order that the legislative provisions to set tax rates by March 31,
1999, can be met by the Region of Durham;
THAT the Province be directed to bring in a 1999 Budget for the
Who Does What Downloaded Services that does not exceed the
1998 estimates as provided in the Local Services Realignment
document for the Region of Durham, including the following:
Social Housing
$34,738,000
Land Ambulance
9,203,000
GO Transit
11,275,000
Child Care
1,480,000
Social Assistance
22,40$,000
THAT the Ontario Property Assessment Corporation be similarly
directed to bring in a 1999 Budget that does not exceed the 1998
amount of $4,790,000;
Summary of Correspondence 5 - March 8. 1999
iii) THAT if the date for receipt of the Provincial financial data is
delayed, then the Province be requested to amend the final date for
the approval of the 1999 tax rates to April 30, 1999;
e) THAT the savings generated from the reduction in contributions to
OMERS be set aside as follows:
i) the initial 2% contribution reduction be set aside in the Sick Leave
Reserve to assist in the financing of the sick leave payments to
retired employees;
ii) savings from the OMERs holiday contribution be set aside in a
Capital Reserve Fund to reduce the debenture debt requirements
for the proposed Homes for the Aged Capital Project and similar
savings for the Police Services Board be set aside to reduce the
debenture debt for the Police Communications systems;
f) THAT a copy of Report #1999-F-8 of the Commissioner of Finance be
forwarded to the Durham Regional Police Services Board, the Area
Municipalities, the Minister of Finance, the Ontario Property Assessment
Corporation and the five Durham MPP's."
(Receive for Information)
1— 17 Association of Municipalities of Ontario, advising of the Red Light Enforcement Pilot
Projects. The Red Light Cameras Pilot Projects Act, 1998, amends the Highway Traffic
Act to allow designated municipalities to test red light camera systems that will
photograph the licence plate or the driver. The amendments are designed to permit
prosecution of red light offenders, using certified documents as evidence. The
government continues to believe that a visible police presence at intersections is an
effective strategy to reduce red light running. Therefore, municipalities choosing to
introduce red light camera pilot projects will be required to introduce stepped-up
enforcement at other high-risk intersections to allow for comparison between the cameras
and traditional enforcement. (A copy of the correspondence is attached to the Summary
of Correspondence.)
(Receive for Information)
1— 18 Kim Wildman, Durham '99 Project Officer, forwarding a copy of Durham '99
Information Package. This package contains the following:
1. Durham '99 Events and Activities
2. Durham Region — the last 25 years
3. The Durham Challenge
4. Events Calendar for January — March
Summary of Correspondence - 6 - March 8, 1999
They are currently updating this calendar as event information is continually received in
their office: They will be forwarding a revised calendar to the municipality on a bi-
monthly basis, as this information is included. (A copy of the calendar is available in the
Clerk's Department.)
(Receive for Information)
1— 19 Michael Power, President, Association of Municipalities of Ontario, forwarding
information on the Model Gas Franchise Agreement. In 1987, when the joint industry -
municipal committee produced the Model Agreement and the Franchise Handbook,
municipal representatives successfully concluded several matters of concern to
municipalities. Based on municipal input, including input from the Municipal Engineers
Association, AMO identified some housekeeping changes and three issues of major
concern to the municipal sector:
• The ability to impose permit fees
• A maximum 10 -year term for renewal agreements
• Compensation for use of the rights-of-way
Clearly any changes to the Model Agreement will impact all municipalities as their Gas
Franchise Agreements are renewed. Any concerns or comments may be forwarded to Pat
Vanini, Director of Policy and Government Relations by Fax 416-971-6191.
(Receive for Information)
1-20 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region
Conservation Authority, advises that on January 21, 1999, the Full Authority Meeting,
the Ganaraska Region Conservation Authority approved the 1999 general levy as per the
notification, which was forwarded to each municipality on December 18, 1998, with a
copy of the 1999 preliminary budget. Also, she forwarded a copy of the 1998 financial
statements and the 1998 Annual Report. (A copy of the correspondence is available in
the Clerk's Department)
(Receive for Information)
I — 21 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on
February 16, 1999. (A copy of the minutes is attached to the Summary of
Correspondence.)
(Receive for Information) —
I — 22 Kawartha Conservation Information Bulletin advising that their Budget was passed at
their February 241h meeting. Municipalities will contribute $311,300 in funding to
Kawartha Conservation in 1999. This is an increase of $8,700 over last year. Although,
when spread across the 19 municipalities of the watershed, the increase is quite small and
was absolutely necessary and fully justifiable.
Summary of Correspondence - 7 - March 8, 1999
Recently, a dissolution vote of Kawartha Conservation was called at a public meeting
held on February 11`h, the watershed municipalities voted 19 to 1 against dissolution.
The cost of this meeting was $9,181.00 and was added to the 1999 budget. However
rather than raising revenues to cover this cost from the municipalities, Kawartha
Conservation chose to fund the meeting through reserve funds.
(Receive for Information)
I — 23 D.A. Bentley, Deputy Clerk, Region of Durham, forwarding a copy of a report on the
Status of Class Environmental Assessment for Additional Water Pollution Control Plant
Capacity for Whitby, Oshawa and Clarington. (A copy of the report is available in the
Clerk's Department)
(Receive for Information)
1-24 W. Donald Cousens, Mayor, Town of Markham, forwarding a copy of an eight -page
summary of the First Annual Report of World Mental Health Day in Canada. The
success of this public education enterprise ultimately depends on the support and
engagement of communities across the country. Last year, more than 44 cities towns and
regional municipalities in all 10 provinces, and both territories proclaimed, publicized or
otherwise acknowledged World Mental Health Day in Canada. In the next few weeks he
will be forwarding specific suggestions as to how the municipality might consider
acknowledging World Mental Health Day in Canada. (A copy of the summary is
available in the Clerk's Department)
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D — 1 W.D. Spencer, Corporation of the Town of Keewatin, advising of a resolution passed by
the Town of Keewatin as follows:
"WHEREAS a strong disparity in gasoline prices has long existed between
Northern Ontario and Southern Ontario and more recently evidenced between the
Tri -Municipalities of Keewatin, Kenora and Jaffray Melick and other towns in
Northwestern Ontario;
AND WHEREAS unleaded gasoline prices in the Tri -Municipal area are 61.9
cents per litre, compared to prices ranging from a high of 59.9 cents to 45.9 cents
in Dryden, Sioux Lookout, Clearwater Bay and Thunder Bay;
AND WHEREAS the gasoline supplied to the Tri -Municipal area comes from the
same refinery and is delivered on the same truck over the same highways to other
communities where gas prices can be as much as 16 cents per litre lower;
Summary of Correspondence - 8- March 8, 1999
AND WHEREAS since prices are neither set nor controlled at the retailer level, it
is the refinery marketer level being the major oil companies who are setting pump
prices thereby disregarding competition in the gas industry;
AND WHEREAS this area has seen little or no savings at the gas pumps, even
though crude oil prices have fallen more than 40% over the past year;
AND WHEREAS the Provincial Government has repeatedly stated to the
residents of the Tri -Town area that Northwestern Ontario would be treated fairly
and equitably;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of
Keewatin, together with the Councils of the towns of Kenora and Jaffray Melick
petition the Provincial Government and in particular the Minister of Consumer
and Commercial Relations, the Minister of Northern Development and Mines and
the Premier of Ontario to explain why gas prices are so high in the Tri -Municipal
area; to conduct an investigation into the fairness of fuel pricing in Northwestern
Ontario; to regulate gas prices; and to pursue enabling legislation that will
equalize gas prices across the province;
AND FURTHER THAT this resolution be also forwarded to the Kenora District
Municipal Association, Frank Miclash, M.P.P., Bob Nault, M.P. and to all
municipalities within the Province of Ontario for their support and endorsement.
(Motion for Direction)
D — 2 Suzanne Routh, National Co-ordinator, Canada Book Day, advising of Canada Book Day
Celebrations. She is requesting the Municipality of Clarington to proclaim April 23,
1999 as Canada Book Day.
(Motion to Proclaim)
D — 3 Gordon T. Pearson, Executive Officer, Durham Region Home Builders' Association,
advising of New Homes Month. He is requesting the Municipality of Clarington to
proclaim April 1999 as New Homes Month.
(Motion to Proclaim)
D — 4 C. Gushulak, Secretary, Navy League of Canada, advising of Navy League Tag Days.
She is requesting proclamation of Navy League Tag Days September 30 — October 2,
1999 and permission to hold Navy League Tag Days in the Municipality of Clarington
(Motion to Proclaim and Grant Permission for
Holding of Tag Days)
Summary of Correspondence - 9 - March 8. 1999
D-5 Joseph B. Christl Sr., Kriscorp Ltd., advising of a One Foot Reserve on his farm in Lot 9,
Concession 1. He advises that this was put in place about 1986 when they were in the
process of assembling a land base in this area. They have also acquired Lot 10,
Concession 1 which now makes this parcel 201 acres in total not including four other
parcels they own and farm in this area. He is requesting that this one foot reserve be
removed as it devaluates their farmland and restricts potential for improvement
(Refer to Planning and Development for review and
report)
D — 6 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by the
Region of Durham as follows:
"WHEREAS a fundamental direction of the Regional Official Plan is to
encourage development that will not have an adverse cumulative impact on the
natural and built environments;
WHEREAS the Region has entered into a partnership agreement with all
conservation authorities having jurisdiction within the Region to assist in
addressing natural heritage issues;
WHEREAS the jurisdiction of the Kawartha Region Conservation Authority
includes the majority of the Township of Scugog and part of the Township of
Brock and the Municipality of Clarington providing a watershed approach to
environmental management;
NOW THEREFORE the Region of Durham recognizes the need and value of
conservation authorities including, the Kawartha Region Conservation Authority
and hereby declares its support for the ongoing efforts and operation of the
Kawartha Conservation Authority and strongly urges the water shed
municipalities to do likewise and further, that this resolution be forwarded to the
Township of Brock, the Township of Scugog, the Municipality of Clarington,
Conservation Ontario, and all other member municipalities urging continued
support of the Authority."
(To receive and advise of Council's earlier
resolution in support of Kawartha Conservation)
D-7 Rollo Myers, Co-ordinator, Citizens for the Old Town, advising that Behind the Times
Publishing's Ross Frame and Tamara Kure have come up with a great idea which they
endorse enthusiastically. In July 1799 American entrepreneur Asa Danforth commenced
construction of the "Road to Kingston" linking York, the new capital of Upper Canada
Week with earlier settlements to the east, and establishing a starting point for further
settlement along the north shore of Lake Ontario. This early highway was intended to
provide secure communications and open new lands to settlers, thus encouraging
immigration and improving the economy.
Summary of Correspondence - 10- March 8, 1999
He stated that Ross has suggested that they mark the bicentennial with a commemorative
broadsheet in the style of the Upper Canada Gazette of the period with a page or two
devoted to the history of each community along the route. He advised that the plan is to
deliver a special Canada Day proclamation from the Mayor of Toronto the Mayor of
Kingston by stagecoach, with stops at all communities along the way to distribute the
historical broadsheets to renew interest in the early years and in the people and events
that shaped the early years of our province. He is asking if this would be of interest to the
Municipality of Clarington. (A copy of the rough draft of the broadsheet is available in
the Clerk's Department)
(Motion for Direction)
D-8 Ron Hope, President, Newcastle B.I.A., applying for the CAUSE study on behalf of
Newcastle Village B.I.A. He advised that David Crome gave an enlightening talk about
the scope of the work and they realize that it is a very large undertaking. Their feeling is
that this endeavour will be community based with many service groups involved.
CAUSE Study.
(Refer to Planning and Development for review)
D — 9 Association of Municipalities of Ontario, advising of a resolution passed by the Town of
Kearney as follows:
"BE IT RESOLVED THAT the Town of Kearney strongly objects to the minimal
sentence handed down to the armed robber perpetrator who held up the Kearney
Liquor Store on January 9, 1999, with a copy of this motion to go to the Solicitor
General, Ernie Eves and all other municipalities."
(Motion for Direction)
D — 10 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by the
Region of Durham as follows:
111. THAT the Corporation of the Town of Whitby respectfully requests the
Canadian Government and in particular The Honourable Sergio Marchi,
Minister for International Trade, to consider the possible implications and
ramifications Bill C55 will have on Canadian business and in particular
the exports of Co -Steel Lasco; and
2. THAT this resolution be forwarded to the Prime Minister of Canada, The
Right Honourable Jean Chretien, the Minister of Industry Canada, The
Honourable John Manley, the Premier of Ontario, The Honourable
Michael Harris, the Minister of Economic Development, Trade and
Tourism, The Honourable Al Palladini, the Minister of Labour, The
Honourable James Flaherty, Minister of Canadian Heritage,
Summary of Correspondence - 11 - March 8, 1999
The Honourable Sheila Copps, the M.P. for Whitby -Ajax, Judi Longfield, as well
as other GTA Regional and Municipal Councils, the Regional Council of
Hamiton-Wentworth and the Council of Sault Ste. Marie for their endorsement
and support; and
3. THAT staff be given direction to prepare a report on Bill C55 as it relates
to other industries in Durham Region."
(Refer to staff for consideration in conjunction with
the report being prepared on this matter)
D — I 1 Judy Sgro, City of Toronto Councillor, advising of a resolution passed by the City of
Toronto Council as follows:
111. the City of Toronto reaffirm its support for deposit/return systems as the
preferred mechanism for maximizing diversion and lowering municipal
costs;
2. the Province of Ontario be requested to supply to the City Clerk, all
correspondence from 1996 to present related to waste diversion between
the Corporations supporting recycling (and their member organizations)
and the Province of Ontario (specifically the Office of the Premier, the
Minister of the Environment, and Consumer and Commercial Relations)
and should this information not be forthcoming by March 1, 1999, the City
Solicitor be directed to make a Freedom of Information request in this
regard;
3. the City Clerk request the Minister of the Environment to appoint a
Member of City Council who is a Member of the City's Works and
Utilities Committee, in addition to any representation which may be
provided by the Association of Municipalities of Ontario (AMO), to sit on
the Province's Waste Diversion Organization, in order to ensure that the
interests of the City of Toronto are considered; and
the Premier of Ontario and the Minister of the Environment be advised of
Council's strong objection to:
a) having the Corporations Supporting Recycling (CSR) provide
executive, professional and administrative services to the Waste
Diversion Organization (SDO); and
b) the apparent back -sliding in funding for the WDO."
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Motion for Direction)
Summary of Correspondence - 12- March 8, 1999
D — 12 Don Yeo, President, Clarington Branch of the Canadian Cancer Society, advising that
April is Cancer Month. He is requesting the Municipality of Clarington to proclaim April
Cancer Month, March 26, 1999 as Daffodil Day and to fly the Cancer Society flag from
the flag poles at the Newcastle Town Hall, the Courtice Recreation Complex and the
Municipal Administrative Centre, with the official flag raising ceremony taking place at
the Municipal Administrative Centre on April 1, 1999.
(Motion to proclaim and approve flying of flags and
Daffodil Day)
D — 13 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville B.I.A., requesting
street closings for various events in the Business Improvement Area.
(Motion to approve request provided organizers
apply for and obtain Road Occupancy Permits from
the Public Works Department)
D — 14 Bob Wade, Mayor, Town of Ancaster, advises that today, municipal leaders face the
challenge of planning and delivering livable cities with shrinking financial resources.
The Urban Transportation Council of the Transportation Association of Canada (TAC)
has considered ways and means to meet that challenge. Their suggestions appear in a
briefing entitled ACHIEVING LIVABLE CITIES. (A copy of the briefing is available in
the Clerk's Department) He is requesting endorsement of a resolution with respect to a
new vision for urban transportation. (A copy of the correspondence is attached to the
Summary of Correspondence.)
(Motion for Direction)
D — 15 R.A. Dancey, Director of Family Services, Region of Durham, advises that Family
Service Ontario wishes to convince the Provincial Government that investing in families
is worthwhile. Family Service Ontario is the professional body for 48 family service
agencies across Ontario, and the body that accredited their agency. Currently, all
agencies must find funding for all people for whom they provide counselling. As a
result, people with employee assistance plans can get counselling quickly, while low-
income people must wait months for any counselling in areas other than Durham. In
many cases, they may face high user fees. They are requesting all interested people in
Ontario to write individually to their M.P.P., Premier Harris, Ministers Ecker, Eves, and
Witmer, advocating for funding for families in line with the document — Families Work.
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Motion for Direction)
Summary of Correspondence - 13 - March 8. 1999
D — 16 Pamela Quirk, Cor -ordinator, Fund Raising Events, Multiple Sclerosis Society of
Canada, requesting permission to hold the 1999 Bowmanville Super Cities WALK for
MS in the Town of Bowmanville on Sunday, April 18. The WALK is scheduled to begin
at 8:00 a.m. and finish by 3:00 p.m., and all routes will begin and end at the Bowmanville
High School. The Super Cities WALK for MS is a one day major fundraising event
involving 85 cities across Canada. The funds raised help provide services for those in
Bowmanville living with Multiple Sclerosis, as well as fund research initiatives into the
cause and cure of the disease.
(Motion to approve provided the applicants apply
for and obtain a Road Occupancy Permit from the
Public Works Department)
COUNCIL INFORMATION
I-1
Clarington Museums
Clarke Museum & Arch ives
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 7:30 PM Tuesday February 2, 1999, at the Museum in Kirby. #1999-02.
PRESENT: Vice-Chainnan, Valerie St. Croix; Curator, Mark Jackman; Executive
Secretary, Donald tgbokwe; Board Member, Jeff Brooks; Board Member
James Hutchison Councillor, John Mutton; Councillor, Troy Young
REGRETS: Chairman, G. Brian Jung; Board Member, Angela Harris; Recording
Secretary/Treasurer, Gavin M. Stephenson
ABSENT: Board, Member Les Jagoda
Vice -Chairman, Valerie St. Croix chaired the meeting in Brian's absence.
**99-08** Moved by Jeff, Seconded by John, to adopt the agenda as presented.
Carried.
ERRORS ANIS OMISSIONS
Motion number **99-07** was moved by Jett not by Troy as indicated in the minutes of j
meeting #1999-01.
**99-09** Moved by John, Seconded by Jett, to adopt the minutes of eeting
#1999-01 as amended.
Carried.
BU.SlNES-SAR1SJLs1G_EKOMTBE N EINUTES
BUDGET
John reported that the date has been set for budget deliberations at this time.
C_ U to 6
%086 Old Kirby School IZo,rd, Hwy _S5/1 15 ai I:Cglon Rd. 9 Kirby, Ontario
2 -
HERITAGE WEEK
The Board of Directors of the Clarke Museum & Archives requests that Municipal
Council recognize Heritage Day February 15, 1999 and Heritage week February 15" to
21".
Troy suggested that Council should be notified of this request by noon tomorrow.
None
TREASURER'S REPORT
Mark presented the month end accounts balances for January 1999.
Savings account 46.94
Fundraising Account 1,628.08
Current Account 14,735.51
$16,410.53
**99-10** Moved by John, Seconded by James, to receive the bank balances for
information.
Carried.
Jeff presented the minutes of the Finance Fundraising Committee of January
Moved by Jeff, Seconded by Troy to adopt the revised Finance
Fundraising Policy.
Carried.
SPECIAL EVENTS
LACAC House Tour
**99-12** Moved by Jeff, Seconded by John that the Board of Directors meet with
LACAC and discuss the joint venture in principle, February 13, 1999.
Carried.
Open House
Jeff reviewed the committee's plans as outlined in the committee minutes
-3 -
Book Sales
Jeff reviewed the sale format and concerns raised at the Finance/Fundraising Committee
meeting. He presented the trunk sale as an alternative.
**99-13** Moved by Jeff, Seconded by James that the Board of Directors discontinue
the book sales and replace them with the trunk sale.
Carried.
Bus Trip
Mark reported that the Bus Trip may have to be moved to June 19'" because of plans by
the Region of Durham to have a tent event the weekend planed for the trip at present.
Harvest Hallowe'en
Jeff reviewed the expansion of the event to include a Bar-b-que and entertainment. He
reviewed the cost of the entertainers of $375.00 plus mileage from Kitchener.
John suggested bringing the owner of Doc Ville up for the event.
Troy suggested Cat World could bring up their show for the evening.
Valerie suggested using local Secondary School students to create a Haunted hayride.
Troy suggested contacting the local Secondary School Drama Club to come and present a
programme.
Valerie asked about Secondary School Bands.
Jeff noted that the Finance/Fundraising Committee will report back at the next meeting.
Christmas Programmes
Mark noted that if the joint LACAC House Tour goes ahead then the Muscum's own
Christmas programmes would be cancelled.
Raffle
Jeff reported on the new raffle and the prizes to be awarded, The prize list is:
1" Prize Donated Print
Zoe Prize Ornaments
3"' Prize 1 year membership
Jeff made the Board aware of the ongoing work the Finance/Fundraising committee is
undertaking for a marketing plan and a review of the membership levels and categories.
M
Troy raised concerns that a prize rattle would not provide as much income as a 50150
draw. He suggested more prizes and holding a one -day only raffle.
Jeff mentioned the possibility of raffling the print at the house tour but explained that the
Proceeds would have to be split.
Troy asked about the Museum providing a display for the boat show in Newcastle.
Mark remarked that would mean the Board
weekends in a row in June and that staff can
in a row.
would have to commit to volunteering three
not be in two places a once, three weekends
John reviewed the structure of the tent event at Durham Regional Headquarters.
Valerie reported that the Collections Committee had met on January 23, 1999 and that the
shelving has been put up. The Committee has also begun the process of grouping the
artifacts together by subject so that they may be retrieved more easily.
The Collections Committee would like to purchase one more industrial storage system.
Valerie noted that the Museum has received a $400.00 donation for the purchase of
additional shelving. In addition the committee would like to erect shelving for a library
system to store the bound artifacts.
Mark reminded the Board that the lottery money is also to be spent on the collection.
Jeff would like to see more than one industrial storage unit purchased.
**98-14** Moved by Donald, Seconded by Troy that up to $1000.00 be spent on
shelving at the discretion of the Collections Committee.
Carried.
Valerie asked for the Board's assistance on February 20' to erect the shelving.
Valerie thanked Jeff, Donald, Mark, and Gavin for helping with the last work party.
Valerie noted that the Collections Committee is preparing a Collections Management
Plan for the Museum for the next ten years.
CURATOR'S_ REPORT
No Report.
None
-5 -
Moved by Donald, Seconded by James, that the next meeting of the Board
of Directors be held on Tuesday March 2, 1999 at 7:30 P.M.
Carried.
**99-16** Moved by Jeff, Seconded by Donald, that the meeting adjourn at 8:17
P.M.
Carried.
Mark 1. Jackman
Acting, Recording Secretary
Valerie St. Croix
Vice -Chairman
COUNCIL INFORMATION
Ken Reid Conservation Area, 277 Kenrei Road, R.R. 91, Lindsay, ON K9V 4R1
Local 328-2271 • Long Distance 1-800.668-5722 • Fax 328-2286 • e-mail: krca@lindsaycomp.on.ca
Minutes of the Special Meeting
to Consider Dissolution, February 11, 1999
I-2
The special meeting to consider the dissolution of Kawartha Region Conservation Authority
was held at the Moose Lodge in Lindsay on February 11, 1999. Chair Crowe called the
meeting to order at 7:35 p.m.
Present: Tom Crowe, Chair
Gary Atkins, Vice -chair
Lloyd Ashmore
Keith Bacon
Neil Bailey
John Byrne
Jack Coulson
Doug Fish
Ken Found
Ken Gadsden
Herb Gray
Wendy Hall
Wayne Hutchinson
Noreen Kelly
Don Money
Dave Murray
Alex Ruth
Doc Savage
Len Sholer
Dave Marsh
Pat Warren
Laura Whitehead
Rhys Williams
John Yeomans
Troy Young
Absent: Audrey von Bogen
Staff: Ian Macnab
Wanda Stephen
John Abati
Nena Farthing
Dave Lougheed
Jeff Schuyler
Town of Lindsay
Township of Bexley
Township of Emily
Township of Scugog
Village of Omemee
Township of Somerville
ex -officio member
ex -officio member
Township of Ops
Township of Scugog
Township of Brock
Village of Bobcaygeon
Village of Fenelon Falls
ex -officio member
Township of Eldon
Township of Fenelon
Twps. of Cavan -Millbrook -North Monaghan
Village of Sturgeon Point
ex -officio member
Township of Manvers
Township of Verulam
Town of Lindsay
Lifetime Inaugural Member
Township of Mariposa
Municipality of Clarington
Twps. of Galway -Cavendish and Harvey
General Manager/Secretary-Treasurer
Director of Finance and Admini °
Resources Planning Technici
Secretary/Accounting Clerk =
Conservation Area Technician
Water Management Coordinators`°'°''°
Ill
Chair Crowe welcomed everyone from the public that had come out to this special meeting of
Kawartha Conservation. There was an estimate of over 250 people in attendance. Chair
Crowe noted that Audrey von Bogen from Galway -Cavendish and Harvey was unable to be at
the meeting as she had just had heart surgery. He welcomed Dave Marsh from Manvers,
replacing Bill Smythe who has had some health problems.
Adoption of the Agenda
The agenda was adopted with an amendment to permit 10 minutes of questions from the
audience before the final vote was taken.
Res. # 21/99 Moved by: Doc Savage
Seconded by: Wayne Hutchinson
Resolved, That, the agenda as amended for the special meeting of the Board of Directors of
Kawartha Conservation to consider the matter of dissolution be adopted.
CARRIED
Declaration of Pecuniary Interest
None was declared.
Selection of Meeting Chair
Chair Crowe asked for a motion to have Doug Moffatt, Mayor of the Township of Scugog act
as the chair for this meeting.
Res. # 22/99 Moved by: Dave Murray
Seconded by: Gary Atkins
Resolved, That, for the purpose of chairing this special meeting of the Board of Directors, To
Crowe step out of the chair and Doug Moffatt, Mayor of the Township of Scugog, assume the
chair.
CARRIED
Mr. Moffatt then came forward to the chair.
Review of meeting Format and Procedures
Meeting Chair Moffatt reviewed with the members of the Board and the audience the format o
the meeting and the procedures to be followed for speaking and debate. These
considerations were as presented in the meeting agenda package.
-3 -
Motion on Dissolution
Chair Moffatt called for a mover and seconder on the suggested motion on dissolution. Mr.
Marsh moved the motion and Mrs. Hall seconded it. With the motion thus on the floor, public
presentations could be called.
Public Presentations
Chair Moffatt requested each member of the public wishing to speak to come forward as their
name was called and address the Board of Directors and members of the audience. Each
presentation was limited to five minutes and was followed by the opportunity of questions to
the presenter from members of the Board of Directors.
Six people spoke for dissolution: Mr. Neil Oliver, Mr. Ken Logan, Mr. T.K. Jones, Mr. Cliff
White, Mr. Doug Hindson, and Mr. John Panter. Points raised were duplication of services
such as GIS; municipal funding was too high; some conservation activities were not
necessary(beyond the mandate); dollars could be better spent elsewhere; property owners
rights were being infringed upon; and, the conservation authority had too much police -like
powers. The meeting format and timing were also brought into question.
Thirty-four people spoke against dissolution: Mr. Dave Gascoigne, His Honour Judge Reid
Scott, Ms. Sandy Spearing, Mr. Bob Smith, Ms. Audrey Holden, Ms. Barb Andrews, Mr. Brian
Slack, Ms. Jane Marnoch, Mr. John Huke, Mr. Garry Marnoch, Mr. Wilmot Blackhall, Ms. Jean
Boesch, Mr. Joe Cebek, Ms. Kathy Cooper, Mr. Carl Kimmett, Mr. C. J. Clark, Mr. Brian Fallis,
Mr. Fred Brecht, Mr. Hector McNeill, Mr. Larry Lenhardt, Mr. Russ Powell, Ms. Pat Webb, Mr.
Murray Townsend, Ms. Alice Spears, Ms. Trish Gillman, Ms. Audrey Coumbs, Mr. Dave
Simser, Mr. Rick Johson, Mr. Lance Sherk, Mr. Alan Crook, Ms. Mary Novak, Ms. Janice
Niblett, Mr. Philip Niblett, and Mr. Mark Majchrowski. Points raised were the need for a broad
based organization; dissolution is short sighted; the conservation authority reflects the natural
environment's needs; replacement with 19 municipal departments will not work; dissolution wil
be bad for the environment; conservation authority is a valued community resource;
conservation authority is the best for flood concerns; the cost of the conservation authority is
small for what it does; conservation lands are valuable assets for recreation and general
enjoyment; conservation authority does the work provincial ministries used to do; conservatior
authority helps with land use planning matters; there is now a need for a fisheries role from
the conservation authority; the conservation authority is the only environmental agency we
have at the local level; we do not have the right to dispose of land assets; conservation
authority works partners with other groups to get things done; and, consultants would be more
costly to use.
Board of Directors Debate on Dissolution and Vote
The Board of Directors then sta!�d their positions. Mr. Marsh noted that people have a right to
question, he himse" ^uestions the proposed budget increase; and, the Board must be
-4 -
accountable. Mr. Gadsden indicated that he believes the budget is supportable and he urgec
everyone to vote against dissolution. Mr. Byrne maintained that we had to get on with
business; must maintain the watershed integrity and a piecemeal approach is not good; and
provincial ministries are withdrawing services and it is up to the conservation authority to now
provide these. Mr. Crowe spoke of protecting the environment for the future and suggested
that more money was needed from the Province. Mr. Atkins expressed his thoughts that if the
conservation authority were to dissolve, it would cost municipalities more and that it takes
courage to stand for the environment today when it is popular to cut taxes. Mr. Hutchinson
noted that conservation lands are valuable resources for our future generations and that the
Village of Fenelon falls has seen first hand the need for conservation work in terms of flood
problems. Mr. Murray spoke of the conservation lands as sacred trusts and the fact that the
general public does truly want to see conservation programming continue. Mr. Bailey
indicated that although he was supportive of the environment he would have to vote as counc
so wished. Mrs. Hall asked MNR what would be the role of MNR in the future and was told
that MNR would be policy oriented and that municipalities would need to implement field
delivery of those policies.
Mr. John Byrne then asked for a recorded vote. Prior to the vote being taken, Chair Moffatt '
allowed last questions from the audience. The vote was then taken on the dissolution motior..
John Byrne - no
Gary Atkins- no
Wendy hall - no
Herb Gray - no
Alex Ruth - no
Troy Young - no
Don Money - no
Lloyd Ashmore - no
Dave Murray - no
Wayne Hutchinson - no
Audrey von Bogen - absent
Tom Crowe - no
Laura Whitehead - no
Dave Marsh - no
John Yeomans - no
Neil Bailey - yes
Ken Found -no
Keith Bacon -no
Ken Gadsden -no
Pat Warren -no
Doc Savage -no Yes= 1; No= 19
-5 -
Res. # 23/99
Moved by: Dave Marsh
Seconded by: Wendy Hall
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.
DEFEATED
There being no further business, the meeting adjourned at 11:10 p.m.
Doug Moffatt Ian D. Macnab
Meeting Chair General Manager/
Secretary -Treasurer
COUNCIL INFORMATION
NOTES OF MEETING
Blue Circle Cement
Community Relations Committee
Date: Monday, January 18, 1999
T+me: 6:30 p.m.
Attendance: David Ashcroft, Port Darlington Community Association
Mavis Carlton, Port Darlington Community Association
Carol Chisholm, Blue Circle Cement
Frank Ierfino, Municipality of Clarington
Cynthia Strike, Municipality of Clarington
Regrets: Kathlynn Hoch, Aspen Spring Community Association
Anthony Skinner, Aspen Spring Community Association
Lynn Davidson, Blue Circle Cement
Peter Graham, Blue Circle Aggregate
1. Introductions
Carol Chisholm, Human Resources Manager attended the meeting in Lynn
Davidson's absence. Carol will be attending the meetings on a regular basis.
2. Review and Adoption of Previous Notes
The Notes from October 19, 1998 were not adopted at the November 23, 1998
meeting in order to give Peter and Anthony an opportunity to review them.
David made a motion to adopt the notes of October 19, and November 23, 1998
meetings. The motion was seconded by Mavis and the Notes were adopted.
3. Updates from Committee Members
Expropriation Hearing
C. Strike advised that the Municipality of Clarington has not yet heard from the
Inquiry Officer regarding a decision for the Cove Road expropriations.
Review of Action Items from the Last Meeting
Lynn was going to invite someone from Blue Circle's Health and Safety
Committee to discuss monitoring of physical agents such as dust in the cement
manufacturing workplace. Lynn did not attend this meeting and no report was
provided by Carol.
K. Hoch was to confirm if the medical community was prepared to undertake a
study of respiratory problems. Kathlynn did not attend this meeting.
I-4
C. Strike did invite someone from MOE to the meeting. No response was given
by the Ministry. However, a letter was prepared by MOE in response to a
request by a member of Clarington Council regarding monitoring emissions.
The letter is attached hereto.
4. Schedule for stripping overburden
C. Chisholm provided a memo with information regarding the removal of
overburden in the area west of Waverly Road for 1999. The memo is attached
hereto.
D. Ashcroft suggested that the berms should be planted with trees to improve
the environment. It could be a community planting project between PDCA and
Blue Circle or school children.
It was noted that the Fifth Wheel Truck Stop generates a lot of dust.
ACTION: F. lerfino will check the site plan agreement with Fifth Wheel for is a
provision for dust control.
5. Concerns from Mrs. Dostie and Mr. Coelen.
The Committee discussed the contents of the Municipal Clerk's Report CD -66-
98 regarding complaints submitted to the Municipality of Clarington by Mrs.
Valerie Dostie and Mr. Ben Coelen regarding Blue Circle's operations. The
Report was tabled by the General Purpose and Administration Committee at the
request of Mrs.Dostie in order for the Community Relations Committee and the
PDCA to comment. The PDCA provided comment through the Community
Relations Committee. D. Ashcroft, co-chair of the Committee will appear
before Council and state the following:
a) the CRC is satisfied with the overburden removal schedule for 1999;
b) request that Blue Circle measure the noise in the area of overburden
removal particularly in the vicinity of Mrs. Dostie's and Mr. Coelen's
properties to see if they are in compliance with Provincial Model Noise
By-law standards.
ACTION: C. Strike will register D. Ashcroft as a delegation for February 8'",
1999 Council Meeting.
ACTION: D. Ashcroft will discuss with L. Davidson prior to the Council
meeting.
6. Haul Road
There are many pot holes on the haul road. It is also very dirty. The Public
Works Department has filled the pot holes several times but, large volumes of
trucks dig out the fresh asphalt.
ACTION: F. Ierfino will monitor the situation.
7. Future Meeting Dates:
The Committee agreed upon the following meeting dates:
Monday, February, 15'", 1999
Monday, March 22, 1999
Monday, April 196 ,1999
Monday, June 7, 1999
All meetings will be at 6pm, at Blue Circle's Technical Centre.
Notes of Meeting Prepared by C. Chisholm and C. Strike
Notes of Meeting Adopted on February 15, 1999
JAN 14 1999 08:37 FR MOEE YORK—DURHAM D 0 5 427 5602 TO 919056235717 P.02
Ministry of Environment Mlnlature de I'Cnvironnement
York Durham Rd. S., Office Bureau m district de York Durham
Ala Westney Rd. S., 5" FI. Ajax Chemin LIS 7.1 y cud, 5' Atage Ontario
Nax, ON LIS 7J5 Ajax, ON LIS 7J5
Tel (905) 427-$600 Fax (905) 427-5802
1999 01 13
Ms. Mary Novak
Regional Councillor
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
Dear Ms. Novak:
Re: Blue Circle Cement Company - Bowmanville Plant
Municipality of Clarington
Further to our conversation and your letter of December 7, 1998, Blue Circle Cement
has several Certificates of Approval -Air ("certificates"), issued under the Environmental
Protection Act. The certificates are for the operation of equipment to control the dust
and particulate emissions, and the exhaust from the cement processing operation. The
approvals are based on predicted contaminant concentrations at the company's
property boundary complying with Ministry standards..
The Ministry of the Environment monitors dustfall emissions from the facility through
the operation of three dustfall collectors in the vicinity of the plant. The dustfall
collectors passively capture any particulate that falls into them. The captured material
is analysed to determine the nature of the airborne particulate.
In response to complaints concerning dust/particulate impacting properties in the
vicinity of the plant, the Ministry installed a low -vol air sampler at two properties east
of the plant. The low -vol air sampler collects airborne dust/particulate by continuously
drawing a known volume of air through a filter. The dust/particulate in the vicinity of
the sampler is captured onto the filter; the captured dust/particulate is analysed for
identification.
From June 1994 to January 1995, the low -vol air sampler was installed at a property
on Cedar Crest Beach Road, east of Waverly Road. The results of the analysis of the
material captured onto the filters old not Identify cement dust. The most prominent
materials captured were fine soot (average of 70%) and oil soot (average of 15%);
these materials are a product of combustion.
In 1997, the Ministry again installed the low -vol air sampler at the property at Cedar
Crest Beach Road and Waverly Road. Unfortunately the equipment was vandalized,
and no data was obtained. The availability of re -installing the low -vol air sampler is
being investigated.
JAN 14 1999 06:37 FR MOEE YORK -DURHAM D 0 5 427 5602 TO 919056235717 P.03i
Page .2
The Ministry's Phytotoxicology Section conducted an investigation into the potential
impact on vegetation in the vicinity of the plant in September 1996. The report, dated
February 1997, concluded that the emissions from the company had a relatively minor
impact on local vegetation.
In February 1997, the Ministry received complaints concerning excessive
dust/particulate from the plant. The company had been removing overburden material
on a section of the pit in preparation for being quarried. The operation Involves the
removal of the soil with earthmoving equipment and stockpiling it elsewhere on the
property. It was the excavation of the soil and the movement of the equipment that
resulted in the impact that was brought to the Ministry's attention.
By the time the information of the impact was provided to the Ministry, the company
had ceased the overburden removal operation for this season. The company stated
that it planned to resume overburden removal in November or December to March.
The company was required ensure that no particulate is discharged from the property
during this operation.
The Ministry has also received inquiries concerning the quality of the emission of the
cement processing exhaust. The stack emits exhaust from the cement manufacturing
operation. The emission for any dust/particulate generated by the process is controlled
through a series of baghouses. The company is required to frequently inspect the
condition the baghouses utilized to capture dust/particulate in the exhaust. The
company has periodically reports problems with the system that resulted in the
discharge of dust/particulate from the exhaust stack.
The Ministry is pursuing two possibilities for air quality monitoring in the vicinity of the
plant. One is through the use of the Ministry's mobile air monitoring unit. The unit is
capable of fingerprinting chemicals in the air in real time. The advantage of this unit
is that by being mobile, the unit can track the plume from the plant to obtain its
readings. However, the availability of this unit is limited, and the possibility of
obtaining the unit this year is remote. The District is currently discussing the possibility
of establishing a fixed air quality monitor with through the Technical Support Unit. I
am anticipating hearing in the near future the availability of the necessary equipment.
The Ministry continues to be available to respond to incidents concerning emissions
from the Blue Circle Cement plant. Should you have any further questions concerning
any of the above information, please contact me at 905-427.6606.
Yours truly,
R. Adams
Senior Environmental Officer
York Durham District
Memorandum
To: Carol Chisholm, Community Relations Committee
CC: File
From: Lynn Davidson
Date: Monday, January 18, 1999
Re: Information Pertaining to Meeting Scheduled 18 January 1999 (2 Pages)
Overburden Stripping
1998 Contract
• The Production department made a decision to extend the 1998 contract past 30 November time '
frame.
• The decision was made due to favourable weather and associated operating conditions as well as
the requirement to move a large volume of overburden prior to year end.
1999 Contract
• The 1999 contract was developed and issued to contractors for quotation. The Contract requires
the movement of 500,000 cubic meters of overburden (soil).
• Tri -City Equipment of Guelph, Ontario was awarded the contract.
• The contract will begin immediately.
• Tri -City will utilize three main types of equipment including backhoes (removal), trucks
(hauling), and bulldozers (placement). Tri -City will also have a water truck on-site in the dry
months as well as a grader to maintain haul roads.
• The contract will involve two types of operations.
• The contract will initiate with construction of two earthen `barrier' berms along the east portion
of the existing dock. The berm will be constructed with on-site overburden and topsoil. It will
be vegetated in the spring. (The `barrier' berm is being constructed in direct relation to a
condition to construct the original dock and marine operation.)
January 18, 1999
The contract will continue with the movement of overburden from the area of land north and east
of the existing quarry to the area of land south and east of the existing quant'. Generally, the
movement will follow the same route as 1998 with the following exceptions. The contractor will
begin overburden placement in the area adjacent to the entrance of Cedarcrest beach Road. The
intent of the placement is to create a `sight' berm so that additional activities will be less visible
to the neighbourhood. The contractor will then in -fill to blend with previously placed
overburden.
• Blue Circle has instructed Tri -City to optimize this work in the winter and spring, weather and
equipment availability permitting. It is anticipated that 15-20 haul trucks will be required to
maintain the schedule.
ZERTd9 0 A TRUE l
THE REGIONAL MUNICIPALITY OF DURHAM
ZI
BY-LAW NO. 9 -99 LE
being a by-law to limit tax reform related property tax 9loW ch*
increases to 10% in 1998, a further 5% in 1999 and a further
5% in 2000 for industrial, commercial and multi -residential
properties in the Region of Durham as provided for under
Division B of Part XXII.2 of the Municipal Act
W1117REAS Subsection 447.44(1) of the Municipal Act, R.S.O., 1990 C. M45, as amended
(the "Municipal Act), provides that the Council of a municipality, other than a lower -tier
municipality, may pass a by-law to make Division B of Part XXII.2 of the Municipal Act
apply for 1998, 1999 or 2000 with respect to property in that municipality that is in a
property class designated in the by-law;
AND WHEREAS Subsection 447.44 (2) provides that the commercial property class, the
industrial property class and the multi -residential property class may be designated in
such a by-law.
AND WHEREAS by By-law Number 65-98, The Regional Municipality of Durham opted
to have the optional property classes consisting of the office building property class,
shopping centre property class and large industrial property class apply within The
Regional Municipality of Durham.
NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of The
Regional Municipality of Durham by the Council thereof as follows:
Part XXII.2 Division B of the Municipal Act applies to property in The Regional
Municipality of Durham that is in the following property classes:
a) the commercial property class including the office building property class
and the shopping centre property class;
b) the industrial property class including the large industrial property class;
and
C) the multi -residential property class.
2. This by-law shall apply to the taxation years 1998, 1999 and 2000, respectively.
3. This by-law comes into force on the date that it is passed.
BY-LAW read a first time this 10th day of February, 1999.
BY-LAW read a second time this 10th day of February, 1999.
BY-LAW read a third time and passed this 10th day of February, 1999.
-Lio al
Rog �r Anderson, Regional Chair P.M. Madill, Regional Clerk
OZi--.- Z3:06:16 EST:
ASSOCIATION OF?->
905 6Z3 0030
Clerk - Municipality
Page 00Z
FEB -22-99 MON 01:48 PM
AMO
FAX NO.
4169716191
P. 01
COUNCIL
INFORMATION
1_17
Ministry of
Minist6re des
Transportation
Transports
011ice of the Minister
Bureau du ministre
Ferguson Block, 3rd Floor
Edifioe Ferguson, 30 denc
r�®®
77 Wellesley SI, West
77, rue Wellesley ouest
ontaro
Tmnnto, Ontario
Toronto (Ontario)
M7A 1Z8
M/A 1Z6
(416) 327.9200
(416) 327-9200
ywlw.mto.goy.on.c3
vmvr.mto.gov.on.ca
February 22, 1999
To; Heads and Members of Council
Ile: Red Light 1snforcement Pilot Projects
Road safely is a priority of the Ontario government. Through Ontario's Road Safety Plan, we
have worked with our partners to identify and develop appropriate measures to address various
forms of aggressive driving, including red light running, We have listened to municipalities that
have called for the use of red light cameras to improve intersection safety. In response, we
enacted red light camera legislation to allow municipalities to test the effectiveness of various
approaches to improve intersection safety.
The Red Light Cameras Pilot Projects Act, 1993 amends the Highway Traffic Act to allow
designated municipalities to test red tight camera systems that will photograph the license plate
or the driver. The amendments are designed to permit prosecution of red light offenders, using
certified documents as evidence.
The government continues to believe that a visible police presence at intersections is an effective
strategy to reduce red light running. Therefore, municipalities choosing to introduce red light
camera pilot projects will be required to introduce stepped -tip enforcement at other high-risk
intersections to allow for comparison between the cameras and traditional enforcement.
I understand that some municipalities are interested in starting the pilot projects as soon as
possible. At the same time, implementation must be done carefully to ensure the projects are
productive. We need to work together so that the pilot projects are designed to facilitate the
laying of charges, prosecution of red light runners, and protection of privacy, These projects
must also generate the data required to perform a thorough, province -wide evaluation.
Fundamental to the success of the pilot projects will be full and open consultation with interested
municipalities and police services. Together, we will need to address legal issues, business
processes and the development of an overall evaluation framework. All of these elements will
form the basis of the new regulations under the Highway Traffic Act and contracts between the
province and each participating municipality.
/2
This material is provided under contract as a paid advertisement by the originating organization,
and does not necessarily reflect the views or positions of the Association of Municipalities of
Ontario (AMO), Its subsidiary comoanies, officers, directors or agents.
02,..x,.. 23:07:00 EST; NSSOCIATIOM OF?->
FEB -22-99 MON 01:49 PN AMO
905 623 0030 Clerk - Municipality Page 003
-2-
FAX NO. 4169716191
T'he contracts will also address the issue of cost recovery. Participating mmnicipalities will pay
for all costs associated with the acquisition, installation and ongoing operation of red light
cameras. The provurce will also need to recover its costs related to the development of the pilot
projects and for processing plate owner and driver information.
P. 02
Provincial staff will be holding "Kick -Off' meetings in the first two weeks of March with
appropriate municipal staff to establish a shared understanding regarding the purpose of the pilot
Projects, to address the operational issues, and to reinforce the unique partnership approach the
government is taking with key stakeholders to introduce the pilot projects.
Information on meeting times and locations is provided on the attachment to this letter. If you
arc interested in attending, please complete this attachment and reply by fax to Barbara Sorbara,
Business Advisor, Red Light Bnforcrram Project, by March 2, 1999.
The red light enforcement pilot projects are part of the Ontario government's commitment to
reduce aggressive driving behaviour and improve road safety, and are a direct response to
municipal interest. We look forward to working with you in partnership toward the successful
implementation of this important safely initiative.
Yours very truly, /
Tony Clement
Minister
cc, Municipal Clerk
02icc ,� 23:87:36 EST: OSSUCIOTIOM OF?--> 905 623 0030 Clerk — Municipality Page 004
FEB -22-99 MON 01:49 PM AMO FAX NO, 4169716191 P. 03
RFD 1 IG'FTT ENFORCEMENT PILOT PROJECT "KICK-OFF" MEETINGS
Please fax your registration to Barbara Sorbara, Red Light Enforcement Pilot Project by March 2, 1999.
Reply to: Barbara Sorbara, Business Advisor
Ministry of Transportation
Red Light Enforcement Project
Rm. 44, Tower Level, East Building
1201 Wilson Avenue
Downsview, Ontario
M3M US
TO.: (416) 235.4021
Fax.: (416) 235-3729
P.mail:Sorbara a.MTO.GOV.ON.CA.
11lccliug 1. KINGSTON: FRIDAY NIARCII5. 1999 10:00 A.M. —3:00 P.M.
Kingston City I fall
Memorial Hall, 2"`1 Floor
216 Ontario Street
Kingston, Ontario
\letting 2. NORTH BAY: MONDAY. MARCH 8. 1999. 10:00 A.M. — 3:00 P.M.
Ontario Government Building
Champlain -Talon -Boardroom, 2nd Floor
447 McKeown Avenue
North Bay, Ontario
Meeting 3. TORONTO: MONDAY, MARCH 15. 1999, 10:00 A.1% — 3:00 I'.M.
Association of Municipalities of Ontario
393 University Avenue, Suite 1701
Toronto, Ontario
Meeting 4. ST. CATHARINES: WEDNESDAY, MARCH 17, 1999. 10:00 A,1%,1. — 3:00 P.A•1.
Ontario Ministry of Transportation
North Ground Boardrooms, 12,13 & 14
301 Sl, Paul Street
St. Catharines, Ontario
IVlceling 5.LONDON: FRIDAY MARCH 19 1999 1000 A.M. —1.00 1' M
Ministry of Transportation
London District Garage Complex
707 Exeter Road
London, Ontario
Representatives:
(Please indicate names of staff attending and the preferred meeting location. Your reply will help ns contact you
if there are any changes regarding the meeting dates or locations.)
Representative—
Title/Municipality/
TcUFax Kick -Off Meeting
_
Organization
_, Location Choice
COUNCIL INFORMATION
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
NILNUTES -NO. 2
AUTHORITY MEETLNG
Tuesday. February 16 1999 - 7 700 P M
MEETING LOCATION: 100 WHITING AVENUE, OSH.AWA
ADMINISTRATIVE OFFICE, BOARDROOM
Present: R.
Johnson, Chairman
D.
Moffatt, Vice Chairman
B.
Boychyn
S.
Crawford
G.
Emm
I.
Gray
I.
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
R.
Hersey, Planner
L.
Hatherly, Plan Analyst
Excused: J. Drumm
D. Harare
The Chairman called the meeting to order at 7:00 p.m
DECLARATIONS of interest by members on any matters herein contained - NONE
ADOPTION OF MINUTES
Res. #25 Moved by R. Boychyn
Seconded by G. Emm
THAT the Authority minutes of January 19, 1999, be adopted as circulated.
CARRIED
I-21
AUTHORITY MHNU FES NO. 2 - FEBRUARY 16, 1999 - PAGE 2
CORRESPONDENCE
I) Correspondence Item #LHVEICI, (attached as Schedule 3-1 to 3-2) from At O'Donnell
Re: Deleeation- Harmony Valley Conservation Area
Res. ,426 Moved by S. Crawford
Seconded by P. Perkins
THAT correspondence item #LHVEI CI be received for information and filed.
CARRIED
HEARINGS - ONTARIO REGULATION #145/90
7:15 p.m. Staff Report:
4299-99 (attached as Schedule 4-1 to 4-25 and H-4 to H-8)
File No.:
IMS: RPRG344
Applicant:
Wayne Kirwan & Pat Cluthe
Application:
Filling and grading associated with 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. Kirwan distributed a handout (attached as Schedule H4 to H-8) to members and made a presentation. Mr. Wright made
presentation and answered questions from members. Discussion ensued.
Res. #27 Moved by I. Harrell
Seconded by S. Crawford
THAT Staff Report #4299-99 be received for information.
CARRIED
Res. #28 Moved by 1. Harrell
Seconded by D. Moffatt
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 CLOC.4 policv;
3. Approval of the proposal would establish an unacceptable precedent for development within this floodwe
in 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.
CARRIED
DELEGATION
7:30 p.m. Mr. Al O'Donnell re correspondence item LHVEICI (attached as Schedule 3-1 to 3-2)
Mr. O'Donnell was not in attendance but had previously informed Mr. Powell that he would like to postpone
delegation to a later date.
AUTHORITY MIXLTES NO. 2 - FEBRUARY 16, 1999 - PAGE 3
HEARINGS - ONTARIO REGULATION #145/90 (continued)
8:00 p.m. Staff Report: 4301-99 (attached as Schedule 4-26 to 4-31 and H-2 to H-3)
File No.: IMS: RPRG357
Applicant: Alex Kondracki
Application: to permit construction of a 12' X 32' structure on pillars in the floodplain of Oshawa Creek
Location: Lot 13, Concession 7, Oshawa (38 Columbus Road West)
Mr. Alex & Liz Kondracki were in attendance and stated that they had read Staff Report #4301-99 and were in agreement with
recommendation.
Res. #29 Moved by D. Moffatt
Seconded by G. Emm
THAT the application be approved subject to the following conditions:
1) A Professional Engineer has provided documentation satisfactory to Staff that the proposed design of th
dove coop will not fail under Regional Storm Conditions,
2) all service units be located above the Regional Storm Flood elevation of 193.28 metres (634.12 feet);
3) the applicant shall enter into a Save Harmless Agreement to be registered on title, at his expense.
CARRIED
DIRECTOR, ENVIRONMENTAL APPROVALS & PLA\1ZVG
(1) Staff Report #4298-99 (attached as Schedule 5-1 to 5-2)
Applications for Construction, to Place Fill and to Alter a Watercourse - January 1-31, 1999
Res. #30 Moved by R. Boychyn
Seconded by M. Novak
THAT the applications (attached as Schedule 5-2) be approved and the respective permits be issued.
CARRIED
DIRECTOR, CORPORATE SERVICES
(1) Staff Report #4303-99 (attached as Schedule 6-1 to 6-2)
1999 Budget Assumptions and Process
Ms. Sandra Hanson and Mr. Russ Powell answered questions from Members. Discussion ensued.
Res. #31 Moved by P. Perkins
Seconded by G. Emm
THAT staff report #4303-99 be accepted; and, further resolved
THAT staff be directed to proceed with the development of the 1999 preliminary budget estimates based on ti
assumptions and timing process outlined in the report.
Amendment Moved by D. Moffatt
Seconded by M. Novak
THAT Staff Report #4303-99, 2 (a) be amended to read.
2 (a) Staff is aware of the Region's strategy of 0% increase to the Regional Levy and win endeavour to
achieve this 0% increase.
Res. #31 CARRIED AS ANIENDED
AUTHORITY MINL"IES NO. 2 - FEBRUARY 16, 1999 - PAGE 4
HEARINGS - ONTARIO REGULATION #145i90 (continued)
8:15 p.m. Staff Report: 4306-99 (attached as Schedule 432 to 4-35)
File No.: IMS: RPRG363
Applicant: Patrick Flontek - Robert Baird (Owner)
Application: construction of an addition and attached garage to an existing single family dwelling
Location: Pan of Lot 12, Broken Front Concession, Clarington, (131 Cedar Crest Beach Road)
Mr. Baird and his contractor, Mr. Flontek, were in attendance and stated that they had read Staff Report #4306-99 and were in
agreement with the recommendation.
Res. #32 Moved by G. Emm
Seconded by M. Novak
THAT the application be approved subject to the following conditions:
1. The project shall be generally carried out according to the plans submitted in support of the application, as mi
be amended by the following conditions.
2. Prior to the issuance of the permit, the owner agrees to enter into a Save -Harmless Agreement with the
Authority, to be registered on title at the owner's expense, which shall include a clause to identify the propem
as being located within a flood damage centre and subject to erosion along the Lake Ontario shoreline.
3. Prior to the issuance of a permit, the owner shall submit information to Authority staff which indicates exisn
grade elevations and minimum opening elevations of the structure on the property.
4. Prior to the issuance of a permit, the owner shall provide details of the footings/foundation and any associatec
engineering information.
5. All disturbed areas shall be seeded, sodded or stabilized in some other manner acceptable to the Authority.
CARRIED '
8:30 p.m. Staff Report: 4308-99 (attached as Schedule 4-36 to 4-43 and H-1)
File No.: iMS: RPRG361
Applicant: RAND Engineering Corporation - River Oaks Group (Owner)
Application: to cam out a compensational cut and till within the regulatory flood plain of East Corbett
Creek, to facilitate a commercial/industrial subdivision
Location: Pan of Lot 19, Con 1, Whitby, (Champlain Avenue - Proposed Plan of Subdivision 18T-890
Mr. Wright advised that the applicant was not in attendance but had previously advised staff of their agreement with the
recommendation.
Res. #33 Moved by S. Crawford
Seconded by B. Nicholson
THAT the application be approved subject to the following conditions:
1. The project shall be generally carried out according to the plans and specifications submitted in support of the
application.
2. Prior to the issuance of the permit, the owner shall provide for review and approval by Authority staff, detail
site grading plans for the proposed works which are in conformity with the engineering information provided .
conjunction with the proposal.
3. Prior to the issuance of the permit, the owner shall submit for review and approval of Authority staff, erosio
and sediment control plans which provide for the on-site containment of sediment.
4. All disturbed areas shall be seeded, sodded or stabilized in some other manner acceptable to the Authority.
CARRIED
AUTHORITY MINI -I -ES NO. 2 - FEBRUARY 16, 1999 - PAGE 5
DIRECTOR, CORPORATE SERVICES
(2) Staff Report #4305-99 (attached as Schedule 6-3 to 6-4)
Proposed Reconfiguration of Authority Boardroom
Res. #34 Moved by B. Nicholson
Seconded by D. Moffatt
THAT Staff Report #4305-99 be referred to future budget deliberations.
CARRIED
CORRESPONDENCE
(U Correspondence #RPRG361C3, Town of Whitby, John Austin (attached as Schedule H-1)
Re: Hearing S.R. #4308-99, RAND Engineering Corporation - River Oaks Group
Pt Lot 19, Con I, Whitby - Proposed Plan of Subdivision 18T-89051
(2) Correspondence #RPRG357C4, City of Oshawa, A. Drozd (attached as Schedule H-2 to H-3)
Re: Hearing S.R. #4301-99, Alex Kondracki, Lot 13, Con 7, Oshawa - Construction on Pillars
Res. #35 Moved by B. Nicholson
Seconded by J. Gray
THAT correspondence items #RPRG361C3 and #RPRG357C4 (attached as Schedule H-1 to H-3) be received
for information.
CARRIED
CHIEF ADSiL\'ISTRATIVE OFFICER
(l) Staff Report #4297-99 (attached as Schedule 7-1 to 7-7)
Ministry of Natural Resources Grants to Conservation Authorities 1972 - 1998
Mr. Harrell stated that the information contained in Staff Report #4297-99 was relevant to the issues noted in Mr. O'Donnell Is
correspondence and as such, directed staff to forward a copy of Staff Report #4297-99 to Mr. O'Donnell.
Res. #36 Moved by 1. Harrell
Seconded by P. Perkins
THAT .Staff Report #4197-99 be received for information.
CARRIED
(2) Staff Report #4300-99 (attached as Schedule 7-8 to 7-14)
Members' Per Diems
Res. #37 Moved by D. Moffatt
Seconded by S. Crawford
THAT Staff Report #4300-99 be received for information as a basis for further consideration of Board of
Directors Resolution #9-99.
CARRIED
A recorded vote was requested by Councillor Nicholson
YEA: R.
Boychyn
S.
Crawford
G.
Emm
J.
Gray
B.
Nicholson
B. Northeast
M. Novak
P. Perkins
CARRIED
NAY: I. Harrell
D. Moffatt
AUTHORITY MINUTES NO. 2 - FEBRUARY 16, 1999 - PAGE 6
(3) Staff Report X4302-99 (attached as Schedule 7-15)
Central Lake Ontario Conservation Fund (CLOCF)
Res. X38 Moved by B. Nicholson
Seconded by D. Moffatt
THAT the CLOCA Board of Directors appoint Rick Johnson, Doug Moffatt, Joe Drumm, Gerry Emm, Jo
Gray, Iry Harrell and ,ilary Novak as members of the Central Lake Ontario Conservation Fund.
CARRIED
(4) Staff Report X4304-99 (attached as 7-16 to 7-18)
Committee of the Whole
Res. X39 Moved by B. Nicholson
Seconded by S. Crawford
THAT the motion be divided.
DEFEATED
Res. X40 Moved by D. Moffatt
Seconded by S. Crawford
THAT Staff Report X4304-99 be received for information and that the CLOCA Board of Directors provide
further direction to staff regarding the Committee of the Whole format.
CARRIED
(5) Staff Report X4307-99 (attached as Schedule 7-19)
Lynde Marsh Alliance
Nominations: Councillor Nicholson nominated 1. Harrell
Seconded by B. Boychyn
Councillor Emm nominated P. Perkins
Seconded by M. Novak
Res. X41 Moved by D. Moffatt
Seconded by B. Nicholson
THAT nominations for a representative of CLOCA to the Lynde .4/arsh Alliance be closed.
CARRIED
I. Harrell "stands"
P. Perkins "declines with thanks"
Res. X42 Moved by G. Emm
Seconded by B. Nicholson
THAT Iry Harrell be appointed as representative of CLOCA to the Lynde Marsh Alliance.
CARRIED
The Chairman congratulated Councillor Harrell and thanked him for his efforts. Councillor Perkins requested that Council]
Harrell update members on the status of the Lynde Marsh Alliance to date. Councillor Harrell commented that due to comm
made at the last meeting by Mayor Parish, Mayor Moffatt and Regional Chairman, Roger Anderson, that an interim Lynde M:
Alliance was formed with representation from the Town of Whitby, Town of Ajax, CLOCA, Region of Durham, Save the Lyn
Marsh and Friends of Carruthers, chaired by MNR, to develop a draft Memorandum of Understanding and bring it back to
stakeholders group for consultation.
AUTHORITY NIINU'I'ES NO. 2 - FEBRUARY 16, 1999 - PAGE 7
`HINICIPAL AND OTHER BUSI\'ESS
Mr. Powell advised members that a meeting has been arranged for Tuesday, February 23rd, with the residents of Eastbourne
Beach, to discuss encroachment issues.
Councillor Emm asked if a sign could be posted at the Purple Woods Conservation Area, informing the public about the
celebration of the maple syrup festival. Sandra Hanson stated that a sign will be erected within the next two weeks.
Councillor Nicholson gave direction to staff to confirm the date and time of the Committee of the Whole meeting for April, 199,
The Chairman noted that CLOCA had received invitations from the Otonabee Conservation Authority for their awards ceremony
on February 18th, and from the Lake Simcoe Region Conservation Authority for their 48th General Meeting on February 26th.
ADJOURNMIENT
Res. X43 Moved by G. Emm
Seconded by M. Novak
THAT the meeting adjourn.
CARRIED
The meeting adjourned at 8:45 p.m.
COUNCIL DIRECTION
FEB 2`1 3 5116dWillor Judy Sgro
TORON Toronto City Council
North York — Humber
Ward 6
February 23, 1999
Mayor Diane Hamre
Municipality of Clarington,
9056230830
Dear Mayor Diane Hamre,
I am taking this opportunity to send you information regarding the ongoing issue of sustainable
funding for municipal Blue Box programs. Of primary concern is that the province's proposed
initiative to address the issue will serve to entrench an industry designed funding model that is not
in the interests of Ontario's municipalities, their taxpayers, or the environment.
On February 2. 1999 City of Toronto Council adopted the following resolutions. I would ask
for your Council's support of items 1 and 4.
1. the City of Toronto reaffirm its support for deposit/return systems as the preferred mechanism
for maximizing diversion and lowering municipal costs;
the Province of Ontario be requested to supply to the City Clerk, all correspondence from 1996
to present related to waste diversion between the Corporations Supporting Recycling (and their
member organizations) and the Province of Ontario (specifically the Office of the Premier, the
Minister of the Environment, and Consumer and Commercial Relations); and should this
information not be forthcoming by March1, 1999, the City Solicitor be directed to make a
Freedom of Information Request in this regard;
3. the City Clerk request the Minister of the Environment to appoint a Member of City Council who
is a Member of the Citys Works and Utilities Committee, in addition to any representation
which may be provided by the Association of Municipalities of Ontario (AMO), to sit on the
Province's Waste Diversion Organization, in order to ensure that the interests of the City of
Toronto are considered; and
4. the Premier of Ontario and the Minister of the Environment be advised of Council's strong
objection to:
a) having the Corporations Supporting Recycling (CSR) provide executive, professional and
administrative services to the Waste Diversion Organization (WDO); and
b) the apparent back -sliding in funding for the WDO.
Background
In October of 1998 The Minister of Environment bowed to pressure from Corporations Supporting
Recycling (CSR) and rejected the implementation of an LCBO deposit -refund system. He did this
despite the support of 269 Ontario municipalities and strong evidence that an LCBO deposit -refund
City Hell Offiice. 100 Queen Street West, 2" Floor Suite 54. Toronto, Ontario, M511 2N2. Tel (416) 392-4066 Fax (416) 696-3673
D-11
system would have dramatically increased the reuse and recycling of wine and spirits containers
while reducing the overall costs of diverting those containers from landfill.
Prior to his decision, in August of 1998, 1 requested (under the province's Freedom of Information
laws) that the MOE provide the economic and environmental analyses that it was using to evaluate
the costs and benefits of an _CBO deposit -refund system. Contravening our Freedom of
Information laws, the Ministry of Environment chose not to respond to my request. Only last week,
after being the subject of a press release (attached) did the Ministry finally respond. In their
response, the only recent cost analysis that was included was that undertaken by CSR confirming
that the Ministry's decision to reject an LCBO deposit -refund system was based solely on CSR's
work. This raises the question of whether CSR is responsible for all of the Ministry of
Environment's policy analysis on waste management issues.
Concurrent to his dismissal of an LCBO deposit -refund system, the Minister announced that he
intended to squander $4 million of taxpayers money to establish a Waste Diversion Organization
(WDO). This organization is supposed to address the sustainable funding of municipal Blue Box
programs. Since his announcement, four months have passed without any indication as to when
the WDO will be up and running.
It has come to our attention (through an official MOE briefing document dated November of 1998)
that the WDO is to be operated by CSR and that its members will be exempt from bearing anything
but the most marginal of costs associated with the management of their wastes. While the WDO
was to be largely funded by industry (to the tune of $20 million annually), more recent evidence
suggests this will not happen.
In an attached 2 page summary, City of Toronto Councillor Jack Layton and I have outlined the
contents of the MOE briefing document and have put it into context of CSR's current activities
throughout the province.
I hope you find this information useful. In the mean time if you have any questions or comments
please do not hesitate to contact me or Councillor Jack Layton at (416) 392-4060.
Sincerely,
Judy Sgro
City of Toronto Councillor
North York - Humber
City Hall Office: 100 Queen Street West. 2 Floor Suite 54. Toronto, Ontano. M5H 2N2. Tel (416) 392-4066 Fax (416) 696-3673
City Hall. 100 Queen Street West
2'" Floor, Suite 54, Toronto, Ontario M5H 21\12
Telephone: (416) 392-4066
Fax: (416) 696-3673
councillor_sgro@city.toronto.on.ca
FOR IMMEDIATE RELEASE
--. ----------
Councillor Judy Sgro
Ward 6 North York Humber
Vice Chair, Police Services Board
Environment Ministry breaks Freedom of Information Laws
TORONTO, ON. --(February 8, 1999}— In a letter sent today, City of Toronto Councillor
Judy Sgro cites Minister Norm Sterling for failing to respond to a five month old Freedom of
Information request for financial and environmental analyses supporting his decision not to
implement an LCBO deposit -refund system- In her letter Sgro describes the Ministry's lack
of action as, "a serious breach of provincial law."
Councillor Sgro notes, "We wanted to know why the Minister's didn't choose to implement
an LCBO deposit -refund system," adding, "While we didn't really expect the Minister to
provide any meaningful evidence to support his decision, we didn't expect him to break the
province's freedom of information laws by not responding at all.
On September 16t 1998 Councillor Sgro's office formally requested that the MOE provide
the following information in accordance with the Freedom of Information Act:
The estimated cost of operating an LCBO deposit -refund system;
The costs and benefits of an LCBO deposit -refund system to Ontario's Blue Box
program; and
The environmental impacts of an LCBO deposit -refund system.
'We received an initial response from the MOE on September 11th 1998 telling us that we
would be contacted again on October 2nd 1998. Five months later we haven't heard a word
form the MOE," observes Sgro adding, "When we called the Freedom of Information
Officer he claimed our request had "fallen through the cracks."
'We insist that the Minister adhere 10 the Freedom of Information laws and provide
Ontarians with the rationale behind his decision not to implement a deposit -refund system
for LOBO containers' asserts Sgro adding, "We will be redressing this serious breach of
provincial law with Minister Sterling."
For more Information contact:
Mr. Ihor Worts, Executive Assistant to Judy Sgro, 416-392.4065
Community Olfice: 2355 Keele Street, Suite 100, Toronto, Ontario, M2N 5V7. Tel. (416) 395-6443 Fax: (416) 696-3673
Councillor Jack Layton Councillor Judy Sgro
Don River North York -Humber
New and serious concerns about the Ministry of Environment's Waste
Diversion Organization (WDO)
A November 1998 MOE briefing to Cabinet
paints a disturbing picture of the WDO. Most
significantly;
One month after announcing the WDO the
MOE's expectations of industry funding is
down from $20 million (less than half of
the total provincial Blue Box costs) to only
$6 million;
The WDO will be governed primarily by
industry and operated by Corporations
Supporting Recycling (CSR).
Industry funding? What funding?
While the MOE expects $6 million from
industry as part of $11 million in total funding
for 1999, consider that:
• There will be no new money from CSR.
The government expects $4 million from
CSR. CSR has stated that it already
spends money funding (both directly and
In-kind) programs such as "Don't Let Any
Get Away", "Technical Advice in
Developing Communication Strategies",
"Support for Focus Group Work to Identify
Public Priorities for 3R programs" and
other municipal "efficiency" programs.
Without regulations CSR is unlikely to put
forth any additional funds;
• The newspaper industry refuses to put
up any money. The newspaper industry
asks why should it put up $2 million when
newspaper virtually covers its collection
and processing costs. The MOE expects
$2 million from the newspaper industry.
Without regulations the newspaper
industry is also unlikely to put forth any
money;
• The LCBO (read taxpayer) is expected
to put up $5 million. Rather than
implement a more cost effective program
(e.g. a deposit -refund system) the MOE
has decided to squander $5 million in
taxpayer's money on the WDO.
More disturbing than the lack of funding is that
CSR will be the operating arm of the WDO. In
essence, CSR will have discretionary power to
spend $5 million in taxpayer's money while
CSR industry members put in virtually nothing
themselves! Read on...
CSR's role in the WDO
The MOE briefing describes CSR's role as:
"provides executive, professional and
administrative services to the WDO In
1999"
Who is CSR?
CSR is a lobby group that represents its
members: soft drink manufacturers, grocery
product distributors, food and consumer
products manufacturers, packaging suppliers,
plastic producers and processors and printing
paper users. CSR's job Is to ensure its
members bear only the tiniest fraction of the
full financial costs associated with the
municipal waste management of their
products. Accordingly, they resist all
meaningful public policy initiatives including
deposit -refund systems, packaging levies,
mandatory recycled content laws and product
design regulations. CSR ensures that its
members do what they want regardless of
cost or environmental impact.
CSR dictates the rules while its
members download costs to
Ontario municipalities
Currently, any "funding" received by a
municipality from CSR is contingent on a
variety of qualifiers that limit that
municipality's flexibility. Consider the following
examples from a typical CSR municipal
agreement:
"From time to time (if mutually agreeable).
CSR and the municipality may seek other
project partners to engage in specific
projects"
Do you think CSR would allow Toronto
to engage in a wine and spirits bottle
return program with Brewers Retail? If
CSR runs the Waste Diversion
Organization how will it affect Toronto's
RFP process for diversion options? Will
Toronto have to run its decisions by
CSR and the WDO?
"Grounds for termination or re -negotiation
may include, but are not limited to:
"Implementation of new programs.
policies or regulations by the Province of
Ontario which cause members to cease
their support for, and/or participation in
CSR. "
Why do you think Minister Sterling
doesn't support an LCBO deposit -
refund system despite its
incontrovertible economic and
environmental benefits? Because, an
LCBO deposit -refund system would
have meant that CSR had grounds to
terminate existing programs with
municipalities. CSR is holding Minister
Sterling hostage!
"Grounds for termination or renegotiation
may include, but are not limited to:
"Implementation of new programs,
policies or bylaws by the municipality
which are in direct opposition to the
mission, objectives and guiding principles
of CSR"
Minister Sterling is doing CSR's
bidding. Toronto brought in its own
deposit -refund by-law and thereby
became ineligible for WDO funding —
does this sound familiar?
"in entering into this agreement, the
municipality and CSR will work on the
following projects"—
to provide direct incentives for residents
to reduce the quantities of waste they set
out for disposal (i. e. development of
policies, bylaws, etc.J including variable
rate user pay schemes (i. e. pay by the
bag fees)"
As the operating arm of the WDO how
will CSR treat Ontario municipalities if
they refuse to implement user fees on
garbage?
CSR funding is extremely limited
From the same municipal agreement:
"CSR's contribution, is made up of in-kind
services and direct financial support
CSR will also at times acquire various
consulting services to augment its own
resources in the implementation of the
Programs identified in the Agreement."
By this rationale CSR can claim that it
is spending significant amounts of
money improving the "efficiency" of
municipal recycling programs. In actual
fact, all of its activities are aimed
primarily at public relations,
government relations and avoiding
costs to its members.
CSR was a major proponent of
the Canadian Packaging
Stewardship Initiative (CIPSI)
Minister Sterling's WDO is a reincarnation of
CIPSI. To understand how industry planned
to fleece municipalities under CIPSI read the
hlghlighted sections of attached document,
"Update on CIPSI — Revised Proposal for
Ontario".
TORONi0
Councillor Jack Layton: 100 Queen Street West. 2"' Floor Suite 44, Toronto, Ontario, MSH 2112. Tel. (416) 392-4060 Fax (416) 397-5200
Councillor Judy 59ro: 100 Queen Street West. 2"0 Floor Suite 54, Toronto, Onlano, M5H 2N2. Tel. (416) 392-4066 Fax (416) 696-3673
COUNCIL DIRECTION
Mae 2 9 00 GM '99
February 22, 1999
To the Mayor and Municipal Councillors
c/o the Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
TFA D-14
sliIIIIIIIIIiii _. M91,
Urban Transportation Counci
Conseil des transports urbair
A NEW VISION FOR URBAN TRANSPORTATION
FEB 2 6 1999
`UNT!'AUTY CF CLARIM-..; rx�
MAYOR'S OFFICE
Today, municipal leaders face the challenge of planning and delivering livable cities with shrinking
financial resources. The Urban Transportation Council of the Transportation Association of Canada
(TAC) has considered ways and means to meet that challenge. Our suggestions appear in the
enclosed briefing titled ACHIEVING LIVABLE CITIES.
You will see that transportation can play a major role in meeting the challenge. We therefore also
enclose our NEW VISION FOR URBAN TRANSPORTATION. It is a 30 year generic vision that can bei
tailored to fit to local conditions. The vision is supported by 13 decision making principles that call
for significant change from past practices in terms of land use and urban structure, the role of
single occupant autos relative to other modes, and transportation funding. The NEW VISION has
been formally endorsed by the Federation of Canadian Municipalities, the Association of
Municipalities of Ontario, the Regional Municipalities of Ottawa -Carleton, Hamilton -Wentworth, and
York, the former Municipality of Metropolitan Toronto, and others. Its principles are starting to
appear in the latest municipal planning documents.
We respectfully request that copies of the two briefings be circulated to all Council members and
suggest that the Council endorse the principles in the NEW VISION. A sample resolution for that
purpose is attached. We believe that the policy principles, once endorsed and built into future
plans, will significantly benefit the Municipality of Clarington and its citizens. Thank you for your
consideration.
Yours truly,
Bob Wade
Mayor, Town of Ancaster
Chairman, TAC Urban Transportation Council
Encls.
www.tac-atc.ca
�(
Dansportation Association of anada Association des transports du Car.
2323 St. Laurent Blvd., Ottawa, Canada K1G 438 2323, bout. SF29uibntMavia, Canada K1G 4
Tei, (613)736-1350 Fax(613)736-1395 Tel.(613)736.1350.. Timeopieur(613)73e
A NEW VISION FOR URBAN TRANSPORTATION
(Background information and recommendations)
The Urban Transportation Council of the Transportation Association of Canada (TAC)
has prepared a generic urban transportation "vision" for Canadian urban areas.
This "vision" includes a set of principles to guide future transportation planning. These
principles and the examples provided of methods to achieve them, can be adapted by
municipalities to suit local conditions. A copy of the briefing document for this initiative
entitled "A New Vision for Urban Transportation" is attached.
TAC has circulated more than 24,000 copies of the briefing document and is
suggesting that municipalities adopt this "vision" as a starting point for the creation of
a local transportation "vision". The "vision" principles have now been formally
endorsed by the Federation of Canadian Municipalities, the Association of
Municipalities of Ontario, the Saskatchewan Urban Municipalities Association, the
Halifax Regional Municipality, the Region of Ottawa -Carleton, the (former) Municipality
of Metropolitan Toronto, the Regional Municipality of York, the Regional Municipality of
Hamilton -Wentworth, the City of Regina, the Greater Vancouver Regional District and
the District of Saanich.
In addition to outlining the principles of the urban transportation "vision" the briefing
document provides examples of methods that might be used to implement the
principles. Since Official Plans are primarily policy documents, a corporate
implementation strategy would be necessary to achieve the objectives enunciated by
the principles.
The TAC Urban Transportation Council "vision" can be a useful guide to the future
planning of sustainable land use and transportation systems in Canadian urban areas.
The Organization for Economic Cooperation and Development has cited it as an
example of "best thinking on environmentally sustainable transportation in Canada".
While the "vision" statement suggests that municipal elected officials should take the
lead in creating and implementing the "vision", it should be noted that all levels of
government have a role to play in the planning and implementation of strategies and
programs to give effect to the "vision" principles.
Recommendations
It is recommended that the Council of the corporation of the ....................
Endorse the principles embodied in the document entitled "A New Vision for
Urban Transportation".
2 Forward Council's decision to the Transportation Association of Canada for its
information.
The Regional
Municipality of
Durham
Department of
Social Services
850 King Street W.
Suite 20
Oshawa, Ontario
Canada; L1J 8N5
(905) 721-0622
Fax: (905)721.6135
ONTARIO WDRKS
MAKING WELFARE WORK
MAR Z
February 24, 1999
COUNCIL DIRECTION
9 00 AM '99
Diane Hamre
Mayor
Clarington Municipal Offices
Bowmanville, ON
D-15
Getebrate the future!
DURHAM
1 9 7 4 '# 1 9 9 9
FEB 2 S 1999
Dear Mayor Hamre:
CFCLARINGTON
Re: Helaine Families Work Better MAJ'OR'S OFFICE
Family Service Ontario wishes to convince the provincial government that
investing in families is worthwhile.
As you know, Family Service Ontario is the professional body for 48.family
service agencies across Ontario, and the body that accredited our agency.
Currently, all agencies must find funding for all people for whom they provide
counselling. As a result, people with employee assistance plans can get ,.
counselling quickly, while low-income people must wait months for any
counselling in areas other than Durham. In many cases, they may face high user
fees.
As you know, there is no government -funded generic counselling for families,
only specific counselling such as for addictions, family violence, etc. This
undoubtedly would be a significant benefit to Family Services Durham. An quick
estimate of our possible share of the requested $11M is $450,000, not a small
amount.
Families who are struggling to get by on low -incomes but who are not engaged
in any addictions or family violence, should also be able to get help for the
difficulties they encounter in our complex and ever-changing society. The logic
of an employer paying for counselling to help his. staff be more productive is
equally applicable to low-income people, even if their employer is not prepared,
or able, to purchase an Employee Assistance Programme for them.
To advocate with the provincial government, Family Service Ontario has
produced the attached document -Families Work. It is the main advocacy
document for the campaign.
100% Post consumer
They. are asking all interested people in Ontario to write individually to their
M.P.P. and Premier Harris, Ministers Ecker, Eves, and Witmer, advocating for
funding for families in line with the document - Families Work. They want over
1,000 individual letters. This is a request for you to write to these government
leaders about this issue, and for you to identify any other people who would be
interested in writing similar letters. This government is interested in supporting
families and counselling supports families.
These letters are needed soon, so that time is of the essence. This campaign is
being undertaken all across Ontario, so that the government will see that this
proposal has broad-based support. This includes Thunder Bay, Windsor,
Cornwall, as well as Toronto, Ottawa, and Hamilton.
F.S.O. would like a copy of everyone's letter so that they are aware of the support
and can emphasize it with the government. Their address and fax are on their
documents. An alternative is to have the letters come to my office and I will send
them to F.S.O.
Your consideration of this most urgent and important request is appreciated.
Yours in service,
j2vr� 0("nc, ((/�a-
R. A. Dancey, CIMII,
Director of Family Services
bas
fsd\advochss.frm
C/
FAMILY SERVICE ONTARIO
SERVICES A LA FAMILLE-ONTARIO
FAMILIES WORK
STRONG FAMILIES, STRONG PEOPLE, STRONG COMMUNITIES
1243 Islington Avenue, Suite 802, Toronto, Ontario M8X 1Y9 (416) 231-6003
Fax: (416) 231-2405 BN/Charitable Registration No. 10779 6724 RR 0001
TABLE OF CONTENTS
Pace
Who We Are? 1
What Are Our Results? ..................................... 2
What Need Do We Want to Meet and at What Cost? ............... 2
Potential Savings to the Health Care Budget ...................... 3
What Would We Do to Insure Success of Families Work? ............ 3
Why Families Need Strong Preventive Services? ................... 3
How Will Communities Benefit From This Preventive Service
by Family Service Agencies? ................................. 4
Appendix.......................................... 5
Appendix2 .......................................... 6
Appendix3 .......................................... 7
FM1 Ok TAB
* Our system is not fully dependent on 'government but on a partnership
between the private sector and government.
* We make a major contribution to the Ontario economy by helping vulnerable
families at risk of a breakdown to become healthier and more productive.
* Our agencies offer a range of programs and special services to individuals,
couples, families, toward enhancing, restoring, or sustaining family, individual, and
community living.
* People who can afford to pay are charged a fee on a sliding scale depending
on income.
* We make an impact on our communities. Throughout the province, our agencies
are made up of more than 3000 volunteers and 600 board members.
WHAT ARE OUR RESULTS?
* Our outcome data indicates that individual, couple, and family well-being
improved 42% to 78% after receiving services from our agencies. Areas measured
included home and work stress, life satisfaction, social relationships, relationships
with partner, couple conflict resolution, and family stability.
WHAT NEED DO WE WANT TO MEET AND AT WHAT COST?
* We are proposing an early preventive intervention service to deal with the
increased number of vulnerable at risk families in the province. The program
would focus on three groups of families. 1) Young families going through the
transitional crisis of young parenthood. 2) Older parents caring for adolescents and
aging parents. 3) Families going through separation and divorce. The program
would be called FAMILIES WORK. The province wide intervention service
would be targeted at children, adolescents, and parents in lower income families
who do not currently have access to service, because they cannot afford to pay.
* The service would cost $11,700,000 per year and would enable us to serve 38,900
Ontario families at $300.00 per family. This is very cost effective and represents
25% of lower income families who are vulnerable and at risk and who would
utilize the service. (Statistic Canada 1996 Census National Tables, see Appendix
1). This effort would be an excellent beginning in addressing the needs of these
families.
E
POTENTIAL SAVINGS TO THE HEALTH CARE BUDGET
* According to the Ontario Case Cost Project, a joint initiative of the Ontario
Hospital Association and the Ontario Ministry of Health, the average cost per
acute inpatient day in a hospital is $609. .11c average length of stay is 6.5 days
for an average total cost of $3,954 per patient (see Appendix 2). If preventive
services by a family service agency meant that only half of the 38,900 or 19,450
families seen would not have need for the average length of stay of 6.5 days for
only one family member, the potential savings would be considerable. If we could
eliminate the need for the average length of stay of 6.5 days or $3,954 for only
one member per family the potential savings would be 19,450 x $3,954 =
$76,905,300. For an investment of $11,700,000 the saving to the health care
system could be close to $77,000,000. These savings would be even higher if all
doctors costs were included. The only physician cost accounted for in these
figures are physician salaries and fees for service paid directly by the hospital (see
Appendix 3 OCCP's Case Costing Methodology). We believe that it is a sound
investment to look after families with the reasonable cost of family services
before they need to access much more expensive services such as hospital
admission. The savings would climb even higher if these same families had less
need to use the courts, correctional services, and costly psychiatric services as a
result of intervention by family service agencies. The savings could conceivably
reach as high as $100,000,000.
WHAT WOULD WE DO TO INSURE SUCCESS OF FAMILIES WORK?
* A comprehensive outcome evaluation would be conducted to carefully monitor the
results, progress, and success of the service.
* Each family agency would act as a strong family centre in each municipality to
insure that families get the support they need.
* One Stop Access where families could call one number provincially or locally
would be set up as part of the proposed service.
WHY FAMILIES NEED STRONG PREVENTIVE SERVICES?
* Young parents' employment rates and earnings dropped dramatically in the 1990s
(Canadian Council on Social Development 1998 report) causing additional stress
on young families. Older families trying to balance the demands of adolescents
while becoming caregivers for aging parents are under severe stress, especially if
their income is lower.
3
* Increased services are also needed for families who are experiencing the pain of
divorce or separation. This has been the most important change in family structure to
occur in recent decades. Frederick and Hamel (1998) estimate that "almost one in three
Canadian couples (31%) who married in 1991 will eventually split up." Canada has the
third highest divorce rate in the Western world after the U.S. and the U.K. (Ambert,
1998). At all age levels, children of divorced parents have higher rates of emotional.
behavioral, social and academic problems than children in two parent families (Albert,
1998). About one in six children in Canada experiences the separation or divorce of
their parents - a proportion that has tripled in the last 20 years (Canadian Council on
Social Development 1998).
* Family service agency interventions are preventive and address the problems
before it needs more expensive interventions such as extensive psychiatric care,
hospitalization, increased visits to the doctor, the courts, or incarceration.
Preventive supportive interventions delivered by family service agencies increase
the odds that the beneficiaries of this service will become successful, contributing
citizens. We need to invest now in families, to prevent higher costs later.
HOW WILL COMMUNITIES BENEFIT FROM THIS PREVENTIVE SERVICE BY
FAMILY SERVICE AGENCIES?
* Stronger families build stronger people which leads to healthier communities.
* Improved access and utilization of health and social service resources, relevant to
the needs of families, reduces risk of family breakdown and promotes healthy
future outcomes for families.
* Vibrant community - based agencies, well connected and respected locally, assist
government in responding to local needs quickly and cost effectively.
* The preventive support provided to families through this community
sector/government partnership, will:
• improve the ability of those who are unemployed to find
employment;
• help those who are employed function better at work;
• contribute to employment growth and social health.
4
APPENDIX
FAMILY SERVICE DELIVERY COSTS TO DELIVER SERVICES
TO AT RISK FAMILIES IN ONTARIO
Total Population, Ontario - Persons
Number of.at Risk Persons (17.7% of 10,562,620)
Estimated number of at risk families in Ontario based on an average
of 2.4 persons per family (1,869,040 divided by 2.4)
Anticipated utilization rate of families at risk (20% of 778,767)
Funds from Province of Ontario that would be needed to provide a
province wide prevention program to work with at risk families in Ontario.
(155,753 X $300 per case/family)
Family Service Ontario is requesting funds to work with 25% of at risk
families who would potentially utilize the service.
(155,753 X 25% = 38,900 X $300 per case/family)
Source of above figures: Statistics Canada 1996 Census Nation Tables
10,562,620
1,869,040
778,767
155,753
$46,700,000
$11,700,000
At Risk persons and families are defined as persons or families with lower income at near or below
poverty levels.
5
APPENDIX 2
AVERAGE COST PER ACUTE INPATIENT DAY
ONTARIO CASE COST PROJECT (OCCP)
Avg. Direct
Cost
Avg. Indirect
Cost
Avg. Total
Cost
Avg. Length of
Stay (days)
Avg. Total
Cost per Day
$2,743
$1,211
$3,954
6.5
$609
The acute inpatient cost data is for 99,869 cases from 5 community hospitals and 2 teaching
hospitals for the 1995/1996 fiscal year.
OCCP Ontario Case Cost Project
175 Bloor Street East, North Tower, Suite 702, TORONTO ON M4W 3R8 Tel: (416) 934-0710
A Joint Initiative of the Ontario Hospital Association and the Ontario Ministry of Health
R
APPENDIX 3
The OCCP's Case Costing Methodology
The case costing methodology implemented by the participating hospitals is primarily based on
the Canadian Institute for Health Information (CIHI) MIS Guidelines. The primary purpose of
the case costing standards is to ensure comparability in the costing methodology across hospitals,
such that differences in hospital case costs are due to differences in resource use.
The methodology calls for all hospital costs to be assigned to the appropriate departments, or
functional centres as defined by the Ontario Hospital Reporting System (OHRS) Chart of
Accounts. These functional centre costs would include the expenses for the following:
• salaries and benefits for all clinical, clerical and management personnel for all hours
worked at the functional centre
• supplies and sundries
• depreciation of equipment used at the functional centre
• leasing costs
• accruals
• physician compensation (salaries and fee for service paid directly by the hospital)
• any other costs incurred by the functional centre in providing its services.
All functional centres are categorized as Direct or Absorbing Cost Centres (ACCs) (e.g., Nursing,
Laboratory, Social Work, etc.) and Indirect or Transient Cost Centres (TCCs) (e.g., Finance,
Housekeeping, Food Services, Health Records, etc.). The TCCs provide support and
administrative functions to the ACCs. The TCC expenses are commonly known as overhead.
The OCCP case costing standards requires that all TCC's costs be allocated to the appropriate
ACCs using the Simultaneous Equation Allocation Method (SEAM). SEAM employs allocation
statistics which are used to determine the proportion of a TCC's costs that are to be allocated to
an ACC. The allocation statistics have been derived from the MIS Guidelines (e.g., weighted net
square metres for Housekeeping).
Research and medical education costs are not included in the case costs. The OCCP costing
standards, which are consistent with the MIS Guidelines, specify that these expenses are to be
separated from the costs of the patient care functional centres.
For each product and service delivered to the patient from all patient care functional centres,
workload units are assigned. Workload units are proxies for resource consumption based on
standard (or sometimes actual) times required to perform defined procedures. The costing
methodology uses workload units as Relative Value Units (RVUs) as the basis for distributing
costs to patients. For the Diagnostic and Therapeutic centres, the workload units are based on
CIHI's National Workload Measurement System guidelines. For the Nursing functional centres,
hospitals use a validated and MIS compliant Nursing workload measurement tool (e.g., GRASP,
Medicus, NISS).
OCCP Ontario Case Cost Project
A Joint Initiative of the Ontario Hospital Association and the Ontario Ministry of Health
PROFILI N
7
A3MUNICIPALITY OF
larington REPORT #1
ONTARIO
REPORT TO COUNCIL MEETING OF MARCH 8, 1999
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, MARCH 1, 1999
REC'OMMFN'T'ATTONR
1. RECEIVED FOR INFORMATION
a) Report TR -8-99 - Mayor and Councillors'
Remuneration and Expenses
for 1998
b) Report WD -12-99 - Monthly Report of Building
Permit Activity for
January, 1999
2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
a) Report PD -21-99 - Urban Design Guidelines for the
Bowmanville West Main Central
Area and the Bowmanville west
Gateway, Part Lots 15 to 17
Concession 1 and 2, Former
Township of Darlington
3. REMOVAL OF HOLDING SYMBOL - BOB BEST ON BEHALF OF
SANDFORD ACRES (1987) LTD., PART LOT 33, AND PART OF THE
ROAD ALLOWANCE BETWEEN LOTS 32 AND 33, CONCESSION 2
FORMER TOWNSHIP OF DARLINGTON
THAT Report PD -22-99 be received;
THAT Rezoning Application ZEA 99-003 submitted by
Bob Best, on behalf of Sandford Acres (1987) Ltd.,
requesting the removal of the "Holding (H)" symbol from
the subject lands be approved;
THAT the amending By-law attached to Report PD -22-99 be
forwarded to Council for approval;
THAT a copy of Report PD -22-99 and the amending By-law
be forwarded to the Region of Durham Planning
Department; and
eoTeur¢R�NCORPORATIBON OF THE MUNICI�PALITY^OFj9C5ARINGTONF�xaz�-ayes „�,�
Report #1 - 2 - March 8, 1999
THAT all interested parties listed in Report PD -22-99
and any delegations be advised of Council's decision.
4. TRAFFIC SAFETY ON ORONO STREETS
THAT Report WD -13-99 be received;
THAT adult crossing guards, all -way stops and pavement
markings not be installed at the proposed Orono
locations; and
THAT Judi Campbell be provided with a copy of Report
WD -13-99 to advise her of the Municipality's Radar
Message Board, which may be borrowed from the Public
Works Department.
5. MARKETING, TOURISM AND ECONOMIC DEVELOPMENT OFFICE
STATUS REPORT
THAT Report ADMIN -7-99 be received for information; and
THAT a copy of Report ADMIN -7-99 be forwarded to the
Board of Trade, the Bowmanville B.I.A., Orono B.Z.A.,
Newcastle B.I.A. and the Clarington Business Groups.
6. CLARINGTON BEECH CENTRE LEASE, 26 BEECH AVENUE
BOWMANVILLE
THAT Report ADMIN -3-99 be received;
THAT the lease agreement with the Clarington Older Adult
Association Inc. for a ten year term for a nominal fee
of $2.00 be approved;
THAT the By-law attached to Report ADMIN -3-99 marked
Attachment #1 be approved authorizing the Mayor and
Clerk to execute the agreement substantially in the form
of the lease agreement to lease with the Clarington
Older Adult Association Inc., and
THAT copies of Report ADMIN -3-99 be forwarded to the
Clarington Older Adult Association Inc.
7. PRESENTATION BY MR.GEORGE DARK
THAT the informative presentation by Mr. George Dark
pertaining to the Urban Design Principles and Guidelines
for Bowmanville West Main Central Area and West
Bowmanville Gateway, be received with appreciation.
Report #1 - 3 - March 8, 1999
8. PRIVATE SEWAGE SYSTEMS
WHEREAS a report on the Private Sewage Systems in the
Hamlet of Orono was received by the former Town of
Newcastle on September 20, 1990;
WHEREAS significant time has elapsed since the report
was received;
WHEREAS the report concluded that:
4.1.1 Downtown Cnre
1. The downtown core is densely developed and as a
consequence, at least 740 of the properties have
lot sizes and/or ground conditions that preclude
the installation of individual Class 4 or Class 6
private sewage systems.
2. Many of the systems are overloaded and discharge
raw sewage to the surface during periods of heavy
use.
3. During periods of rainfall and/or high ground
water base flow the surface waters throughout the
downtown core approximate raw sewage.
4. Contaminated runoff water from the downtown core
likely contaminates Wilmot Creek and the branch of
Wilmot Creek that flows through the southern part
of the study area.
5. It is apparent that a health risk exists
throughout the commercial core of Orono due to
inadequate private sewage systems.
4.1.2 Area Surrounding Core
1. A random survey of 75 lots within the area
surrounding the core determined that 20°1 have lot
sizes and/or ground conditions that preclude the
installation of individual Class 4 or Class 6
private sewage systems.
2. During periods of dry weather the Peters Pike,
Andrews Road, and David's Crescent subdivision and
the area bounded by Station Street, Sommerville
Drive, Church Street, and Orono Park experience a
significant number of cases of sewage breakout and
sewage backup.
Report #1 - 4 - March 8, 1999
3. During the periods of rainfall and/or high ground
water base flow the surface waters throughout the
area surrounding the core approximate raw sewage.
4. It is apparent that a health risk exists
throughout the area surrounding the core due to
inadequate private sewage systems. This risk is
more pronounced within the Peters Pike, Andrews
Road, and David's Crescent subdivision and within
the area bounded by Station Street, Sommerville
Drive, Church Street and Orono Park.
For recreational waters, the MOE has established the
limits of 100 per 100 ml volume for fecal coliforms and
20 per 100 ml volume for fecal streptococci. The MOE
has not established limits for E.coli or pseudomonas
aeruginosa, however, the MOE does use a guideline of
23 per 100 ml volume for E.coli;
The levels of contamination in the water sample
collected from Wilmot Creek exceed the limit established
for fecal streptococci and the guideline recommended for
E.coli, and also meet the limit established for fecal
coliforms. The excessive levels of pseudomonas
aeruginosa also indicate that pathogenic bacteria could
be present. These levels are excessive for a
watercourse in which children may play, therefore, a
regular monitoring program should be established and
signs posted prohibiting recreation in the creek
whenever excessive levels are present. It is noted that
Orono Park is located approximately 200 m downstream
from the downtown commercial core, and that public
washrooms are located approximately 20 m from the creek
within Orono Park. A possible cause of the
contamination in Wilmot Creek is surface water runoff
from the commercial core and/or the public washroom
leaching bed;
WHEREAS the final recommendation was that the
installation of a communal sanitary sewer system within
the downtown core and throughout the area surrounding
the downtown core should be investigated as a means of
alleviating the health risk which exists within the area
due to inadequate private sewage system;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington request that the Region of Durham revisit the
possibility of health and environmental problems in the
downtown core and the area surrounding the downtown core
of Orono and determine if a communal sanitary sewage
system should move forward on public health grounds and
that costs of further investigation be budgeted for by
the Region of Durham.
REPORT ADMIN -47-97 PAGE 18
4.2.2 The Director of Public Works concurs with the memorandum from the Director of
Planning and Development to the Chief Administrative Officer dated September 5, 1997
(Attachment #6). They recommend that Council declare Proposed Closure Area A to be
surplus.
4.2.3 With respect to the required appraisal, Cornwall Property Consultants Ltd. were retained
by the Municipality. Their estimate of the aggregate value of Waverly Road for a section
that includes Closure Area A and Closure Area B is $337,250.00. Staff recommend that
this be accepted as the fair market value of Closure Area A and Closure Area B.
4.2.4 Notice has been given to the public of the proposed sale of Proposed Closure Area A
and abutting reserves to Blue Circle.
4.2.5 The Director of Public Works recommends that Proposed Closure Area A be declared
surplus following the dedication of the Temporary Public Highway as a public highway
pursuant to the Principles of Understanding. The Temporary Public Highway will serve
the same function as the portion of Waverly Road that is within Proposed Closure Area
A.
4.2.6 Staff recommend therefore that council authorize the sale of Proposed Closure Area
A pursuant to the provisions of the Principles of Understanding.
5. RECONSTRUCTION OF COVE ROAD AND CONSTRUCTION OF WESTSIDE CREEK
BRIDGE
5.1 Preliminary drawings have been prepared by the Municipality's consultants which show
the proposed bridge that would connect Cedar Crest Beach Road to Cove Road and the
improvements that are necessary to bring Cove Road up to Municipal standards. As
approved by Council in April 1997, it has been resolved to construct a bridge spanning
Westside Creek including 120 metres of Cedar Crest Beach Road and the full length of
Cove Road from the bridge to West Beach Road, a length of 325 metres.
REPORT ADMIN -47-97
PAGE 19
The bridge shall be of concrete construction with a horizontal span of 32 metres, one
traffic lane wide with a sidewalk on the south side. The design characteristics shall
conform with current day criteria.
5.2 Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded
shoulders and swales. The local residents have requested that construction designs be
established as necessary to retain the present character of the neighbourhood. The total
cost of road construction (including utility relocation and illumination at the bridge) is
estimated at $832,000. The total project cost, including land acquisition, is presently
being estimated at $1,500,000.
5.3 Construction of the proposed bridge to connect Cove Road to Cedar Crest Beach Road
require approvals underthe Ontario Environmental Assessment Act, the Navigable Waters
Protection Act, the Fisheries Act, and (possibly) the Federal Environmental Assessment
Act.
Approval for the project has been obtained under the Ontario Environmental Assessment
Act. The Ministry of the Environment and Energy determined the project is subject to a
Schedule B of the Act and no request for bump -up was received.
Staff is continuing to follow up on all approvals required under Federal Legislation.
However, it is not possible to estimate the timing and costs of doing so with confidence
at the present time. The Canadian Coast Guard (CCG) has declared the open waters of
Westside March as navigable under the regulations of the Federal Navigable Waters
Protection Act. This declaration required the preparation of an Environmental Study
Report with subsequent circulation of the report by CCG to other agencies. In addition,
the Marsh is subject to the Fisheries Act legislation, the Navigable Waters Protection Act,
and (possibly) the Federal Environmental Assessment Act. As of the writing of this report,
the Department of Fisheries and Oceans (DFO) has requested additional information on
the impact on fish habitat of the bridge and road construction and will not issue an
authorization unless acceptable measures to compensate habitat loss are developed and
implemented.
REPORT ADMIN -47-97 PAGE 20
5.4 The Municipality would proceed with construction at the earliest possible opportunity
subsequent to receiving the remaining approvals and subject to construction season
requirements to minimize environmental impacts. It is anticipated that this project would
be undertaken in 1998.
5.5 Under the agreement, the Municipality agrees to purchase all aggregate and concrete
materials for Cove Road and the bridge from Blue Circle at current market value prices.
It is recommended that Council exempt this project from the Purchasing By-law and
allow the tender documents for the Cove Road/Westside Creek Bridge project to
include a requirement that Blue Circle would be the exclusive supplier for aggregate
and concrete.
6. PROPERTY ACQUISITION
6.1 Westside Marsh Bridge and Approaches
Property Valuators/Consulting Inc. were engaged to complete an appraisal of the said
lands for the purpose of estimating their market values. There are five properties that the
Municipality needs to acquire. Discussions have been held with the principal owner of
the lands affected and to date there has been no progress.
6.2 Dedication of Cove Road as a Public Highway
Cove Road is neither owned nor maintained by the Municipality of Clarington. It is a
private road over which many landowners or their mortgagees have a right of way. As the
Municipality is in discussions with the owner of Cove Road to assume responsibility and
dedicating it as a public highway, the Municipality must obtain title to the road free and
clear of all encumbrances including any right of ways.
Quit Claim documents have been prepared and sent out to the 50 property owners and
approximately 35 mortgagees. There have been several problems with the Quit Claim
Process as many of the claims have been returned due to incorrect addresses, new
owners etc. All current information has been reviewed and staff are continuing to
process all claims.
REPORT ADMIN -47-97
6.3 Expropriation
PAGE 21
Failing to complete negotiations with landowners for whose properties are affected by the
approaches and the construction of the Westside Creek Bridge, the Municipality may
have to consider commencing expropriation proceedings by publishing a notice of
intention to expropriate under Section 6 of the Expropriation Act.
Similarly if the Municipality does not receive quit claims from all property owners and
mortgagees, the Municipality may have to consider commencing expropriation
proceedings to obtain clear and free title to Cove Road.
It is the intent of Staff to continue to meet with all parties to avoid these proceedings if
at all possible. If agreements cannot be reached with all parties, staff would
subsequently report on all land acquisition issues.
7. LANDS TO BE CONVEYED TO CLOCA
7.1 The Principles of Understanding provide for 111 acres of land to be conveyed to CLOCA.
The first 43 acres would be conveyed upon closing. This includes the Marsh Link Area,
the Bowmanville Marsh and the Bowmanville Creek valleylands as identified on
Attachment #3.
7.2 Blue Circle has been concerned that the current Council cannot bind future Councils.
Accordingly there is an element of risk to the completion of the project that the remaining
portion of Waverly Road or the Temporary Public Highway would not be closed by a
future Council. In order to provide a level of certainty that the arrangements will be
completed as negotiated, the actual Reconfigured Westside Marsh would be conveyed
in escrow with the condition that the Municipality close and conveys the remaining
portion of Waverly Road (Closure Area B) and closes the Temporary Public Highway and
surrenders the lease.
7.3 For liability reasons, CLOCA has indicated that it does not want to own either the
Westside Creek Diversion Area B or the southerly dyke (as shown on Attachment #1).
Accordingly, these lands will remain in Blue Circle's ownership, but will be subject to
easements in favour of CLOCK
REPORT ADMIN -47-97
PAGE 22
7.4 Various easements will be granted in favour of either CLOCA or retained by Blue Circle
in order to allow either party to access various lands for construction, monitoring and
maintenance purposes. The creek diversion area through the Ontario Hydro corridor will
be subject of an easement granted to both Blue Circle and CLOCA. Blue Circle is
responsible to acquire the easement on the basis of the land values paid by Ontario
Hydro at the time of expropriation.
7.5 At the meeting of the Board of Directors of CLOCA on October 21, 1997, the authority
resolved to enter into the necessary agreements (see Section 8 below) and implement
the Principles of Understanding as would be adopted by the Municipality including
assuming management responsibilities of the Wetland complex.
8. RELATED AGREEMENTS
8.1 The project negotiated through the Waterfront Regeneration Trust involves the retention
of approximately 60% of the 102 acre Westside Marsh. It is a scientifically complex
arrangement which involves the relocation of the Westside Creek in part through the
Ontario Hydro corridor, the creation of new fisheries habitat as mandated under the
Fisheries Act and the long term management of the new Westside Marsh and
Bowmanville Marsh wetland complex so that there is no net loss in wildlife habitat.
As the present time, not all of the related agreements which are necessary to implement
the arrangements have been completed. Since these agreements are fundamental to the
Municipality's objective of preserving as much of the Marsh's function as currently exists,
it is important that these agreements be referenced as a requirement in the Principles of
Understanding. This lays the groundwork for the further work and expectations of all
parties in the future.
8.2 Fisheries Agreement
8.2.1 While the fisheries aspect is the least significant component of the Westside Marsh, the
legislation governing fisheries is the most powerful. Blue Circle has undertaken studies
which estimate that approximately 55% of the fish habitat productivity would be lost under
the extraction proposal of the Waterfront Regeneration Trust. The compensation proposal
comprises a number of components including the creek diversion area, an enlarged and
REPORT ADMIN -47-97
PAGE 23
deepened new creek mouth, deepening the central part of the marsh and adding logs,
tree roots and aquatic plants, and removal of a portion of the southern berm to create
additional fish habitat area. Each enhancement area will be transplanted primarily with
plant material harvested from the wetland. Carp control fencing will be built and the
marsh will be stocked with large mouth bass. There will be detailed performance
monitoring at years 2,5 and 10 after construction, but some limited monitoring will be
done each year. Nevertheless, in the event that the compensation measures fail, Blue
Circle is not obligated to undertake further works.
8.2.2 Blue Circle, CLOCA, the Ministry of Natural Resources and the Department of Oceans
and Fisheries (DFO) have signed a Letter of Intent with respect to the compensation and
monitoring arrangements. It is anticipated that in light of the commitment for
compensation in the Letter of Intent, DFO will shortly give authorization for Blue Circle to
destroy fisheries habitat within the revised limits of the quarry.
8.2.3 As noted above, staff are continuing discussions with DFO respecting any possible
impact of Cove Road and the bridge on the fish habitat. If necessary, the Municipality
may be required to provide compensation if there is any impact on fisheries habitat.
8.3 Maintenance and Monitoring Agreement
8.3.1 The diversion of Westside Creek through the Ontario Hydro corridor and around the
currently licensed area involves a deep cut, the careful placement of culverts between
hydro towers, and the bio -engineering of the creek channel. Blue Circle estimates the
construction work would take up to 3 years and it would be another 2 years for the
vegetation to grow before the creek was actually diverted.
Ontario Hydro has co-operated with all parties in order to meet the objectives of the
project. They have provided their consent in principle for the diversion of the creek
through their corridor. However, they remain concerned about the engineering work for
the culvert to be placed between their towers and the long term maintenance of the creek
diversion. Ontario Hydro requires that a public sector agency own and operate the creek
through their corridor. To this end, CLOCA staff have indicated that their agency would
be willing to accept management responsibility for the creek diversion subject to an
REPORT ADMIN -47-97
PAGE 24
agreement with Blue Circle to deal with indemnity, monitoring and maintenance works.
Blue Circle will be acquiring an easement interest through the corridor for both CLOCA
and themselves.
The Maintenance and Monitoring Agreement would also extend to other lands including
the lower part of the diversion channel, the reconfigured marsh and the new overflow
channel to be constructed at the southwest side. This agreement would deal with the
hydrology and structural stability issues related to the diversion of the creek. It does not
deal with the natural environment issues save and except for the bio -engineering
techniques to be used to provide a more natural character to the diversion works and
provided in relations to the fisheries compensation.
8.4 Management Agreement
8.4.1 The conveyance of the various lands by Blue Circle, in particular the tableland area which
would link the remnant Westside Marsh with the Bowmanville Marsh, provides the
opportunity to compensate for the loss of important habitat which will be quarried at the
north end of the wetland. This would establish a significant holding with linkages
between the two wetlands.
The Waterfront Regeneration Trust's report envisages a broader environmental
management plan being prepared to guide CLOCA's management of the new public
lands. It is also anticipated that the Municipality, Blue Circle and the community will
contribute to funding these activities. The Trust also indicate that it would assist in
finding resources for management activities.
8.4.2 CLOCA estimates that the cost of preparing a plan would be in the range of $50,000 to
$100,000 and that initial costs for enhancement and improvements would be in the range
of $200,000 including such items as plantings for the open field areas, ponds for
amphibians, snake hibernacula, trails and interpretive facilities.
8.4.3 The agreement with Blue Circle provides for the following:
• a joint management agreement would be prepared between the Municipality and
CLOCA
REPORT ADMIN -47-97
PAGE 25
• The Municipality would contribute $100,000 towards the costs of preparing a
management plan and an initial seed funding for improvements to wildlife habitat
and interpretive features including lookouts and spur trails from the waterfront trail
• Blue Circle would contribute either $70,000 to CLOCA or $94,500 ($70,000 plus
tax benefit) to the CLOCA Foundation at such time as they receive their charitable
status for the management plan and seed money for the initial improvements as
outlined above. This payment would be made prior to the Closing Date.
8.4.4 It is recommended that Council authorize the preparation and execution of a
management agreement between the Municipality and CLOCA which addresses,
among other matters, the issues identified in Attachment #7. It is also
recommended that the Municipality's contribution of $100,000 towards the start-up
costs for the management of the Westside Marsh and Bowmanville Marsh Wetland
Complex be appropriated from the Pits and Quarries Reserve Account and set aside
in a Reserve Account to be established for the managementof the wetland complex.
These funds would be accessed upon submission of invoices from CLOCA for services
or projects completed.
8.4.5 Given the provincial significance of this wetland, the Waterfront Regeneration Trust
indicated that it would assist in finding resources for the management and enhancement
of the remnant wetland. It is recommended that the Rt. Hon. David Crombie and the
Trust be requested to secure matching funds for this project.
9. OFFICIAL PLAN AND ZONING ISSUES
9.1 As part of the negotiations, Staff wanted to resolve the outstanding deferrals to the
Regional Official Plan and Clarington Official. In addition, amendments to the Zoning By-
law are proposed to remove the Extractive Industrial (M3) zoning covering the lands
which would be part of the Westside/Bowmanville Marsh wetland complex and the
Westside Creek Diversion areas and overflow channel.
9.2 Both Blue Circle and staff have agreed to defer any matters dealing with the existing and
proposed expansion of the dock. Blue Circle has received provincial and federal
approval. It is staff's intention to deal with the official plan and zoning matters in the new
year after review of all of the necessary technical reports.
REPORT ADMIN -47-97 PAGE 26
9.3 Durham Regional Official Plan Modification
9.3.1 The lands owned by Blue Circle (with the exception of the Bowmanville Marsh) are
designated as Special Policy Area B in the Regional Official Plan. At the request of the
Port Darlington Community Association, the land use designation and associated policies
were deferred for further consideration.
9.3.2 The modification, included in Schedule "L" in Attachment #4, indicates that the Region
supports the agreement between the Municipality and Blue Circle which would allow for
a reduction of the total licensed area, the closing of Waverly Road, the retention of a
significant portion of the Marsh and the conveyance of approximately 40 ha into public
ownership and management. The modification also includes some technical changes
which recognize the change in ownership, the completion of the Region's waterfront plan
and the new Provincial Policy Statement.
9.3.3 It is recommended that the Region be requested to amend the Regional Official Plan
in accordance as indicated in Schedule "L" to the Principles of Understanding. Both
parties have agreed to request the Region not to adopt the proposed modification until
such time as the temporary public highway is closed and the Lease of it has been
released to Blue Circle.
9.4 Clarington Official Plan Modification
9.4.1 The Clarington Official Plan currently designates the lands held by Blue Circle, west of
Waverly Road, as Special Policy Area C. The Blue Circle lands between Waverly Road
and West Beach Road and much of the residential area know as the "Cove" are
designated Special Study Area 2. These lands and the related policies are deferred for
further consideration by the Region.
9.4.2 The proposed modification #170 included in Schedule "M" contained in Attachment #4
proposes a variety of changes designed to implement the Principles of Understanding
and to ensure that existing irritants of noise and dust will not be further aggravated as
quarrying activities proceed easterly. Specifically the modification provides for:
0 a revised list of permitted uses within the Special Policy Area;
REPORT ADMIN -47-97
PAGE 27
• spatial separation of 700 metres between aggregate processing plant, the
concrete -batching plant and the truck terminal and the residential properties. In
addition there is a requirement for a 150 metre setback from Lake Ontario
• notwithstanding the spatial separation above, in the event that Blue Circle requires
to use a primary or secondary crusher within the quarry, it would be permitted
provided that it was located at least below 10.7 metres (approximately 35 feet)
below natural grade;
• the management of the creek diversion, wetlands and link areas with the objective
of achieving no net loss in biodiversity and function
• requires that rehabilitation plans account for a variety of factors including the
Westside Marsh and that Blue Circle would consider the input and comments of
the Municipality and CLOCA prior to submitting it to the Ministry of Natural
Resources. Consultation between the Municipality, Blue Circle and the relevant
agencies to develop a long term rehabilitation plan will be required.
• A new Special Policy Area for the Cove Residential community will be
added which recognizes the historic residential community and permits
limited infilling on private sewer or water services and in accordance with
other appropriate policies of the Plan.
• Special Study Area 2 is deleted
9.4.3 It is recommended that Modification # 170 be approved by Council and forwarded
to the Region. Blue Circle has consented to the modification provided that the policies
affecting its lands are not approved by the Region and in force until the arrangements
are completed in accordance with the Principles of Understanding. Accordingly, the
Municipality and Blue Circle would request the Region to defer its approval of Section
16.5 (Special Policy Area "C' - Blue Circle) and the associated land use designations until
the temporary public highway is closed and the Lease is released to Blue Circle.
However, the Municipality would request the Region to approve Section 16.11 (Special
Policy Area "I" - Cove Residential Area) and the associated land use designations.
9.5 Zoning By-law Amendments
9.5.1 Under the Principles of Understanding, the Municipality would initiate the process under
the Planning Act to rezone the lands associated with the Westside Creek Diversion and
the wetland complex comprising the Westside and Bowmanville marshes and the Marsh
Link Area. Two by-laws have been prepared and are attached as schedules to the
agreement.
REPORT ADMIN -47-97
PAGE 28
9.5.2 The first by-law (see Schedule "N" of the Principles of Understanding in Attachment #4)
would rezone the Hydro transmission corridor, the westerly part of the Bowmanville Marsh
and parts of the Bowmanville creek valley from "Agriculture (A)" Extractive Industrial -
Special Exception 2 (M3-2)" to "Environmental Protection (EP)". This by-law is not subject
to the modification to the Clarington Official Plan or the application by Blue Circle to
amend their aggregate licence. Accordingly, this by-law would be passed by Council
after complying with the requirements of the Planning Act including the holding of a
public meeting and circulation to agencies.
9.5.3 The second by-law (see Schedule "0" of the Principles of Understanding in Attachment
#4) would rezone the reconfigured marsh area, the habitat link area, dyke area "B" and
the overland flow channel from "Extractive Industrial - Special Exception 2 (M3-2)" to
"Environmental Protection (EP)". This by-law would be processed under the Planning Act,
including the holding of a public meeting. However, Council would only enact the by-law
at such time as the Municipality has closed and conveyed the northerly portion of
Waverly Road (Proposed Closure Area B) and Blue Circle has received an amended
aggregate licence.
9.5.4 It is recommended that staff be authorized to initiate amendments and advertise a
public meeting for the zoning by-laws referred to in the Principles of Understanding.
10. INCREASE IN ANNUAL TONNAGE
10.1 Blue Circle requested the Municipality's support in increasing their annual tonnage limit
under the licence issued by the Ministry of Natural Resources from 3 million tonnes to
4.5 million tonnes. A letter has been prepared by the Director of Planning (Attachment
#8) indicating that subject to Council's approval of the letter and the provision of
technical reports which would indicate there will not be a substantial change in the
emission of noise, dust or vibration or an unacceptable impact on the road system as a
result of the increase in annual capacity, the Municipality would not object to the
proposed increase in annual tonnage. It is recommended that Council approve the
content of the letter regarding an increase in annual tonnage for the Blue Circle
lands as per Attachment #8.
REPORT ADMIN -47-97
11. REMOVAL OF CBM CRUSHER
PAGE 29
Blue Circle has committed to removing the existing CBM Crusher located on the east side
of Waverly Road within two years of the closing of the temporary public highway and
surrender of the lease for the Blue Circle haul road. However, they have reserved the
right to install another crusher for CBM use provided that it complies with the provisions
of Modification 170 to the Official Plan, specifically that it is greater than 700 metres from
any residential property.
12. CONCLUSION
12.1 Staff of the Municipality and Blue Circle have worked diligently over the past few months
so as to provide for Blue Circle is economic requirement for certainty in the future of their
operations, the protection of residents from irritants as the quarry operation moves
easterly and the preservation of a large portion of the provincially significant wetland.
The arrangements require that all parties, including the area residents, make a
commitment to share the burden and reap the benefits in fulfilling the plan.
12.2 The Treasurer has reviewed the financial recommendations contained in this report and
concurs.
Respectfully submitted,
Stephen A. Vokes, P. Eng.
Director of Public Works
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
DC*SAV*FW*jip
W. H. St ckwell
Chief Administrative Officer
REPORT ADMIN -47-97
Attachments
1. Map of Westside Marsh and Blue Circle Quarry
2. Road Map
3. Map of Lands to be Conveyed to CLOCA
4. Principles of Understanding
5. Report WD -64-97
6. Memo from Director of Planning on Surplus Land
7. Specifications for Management Agreement with CLOCA
8. Letter to Wilson Little, Director of Engineering, Blue Circle
9. Lease for Temporary Haul Road and Extensions (Under Separate Cover)
Interested Parties to be notified of Council's decision:
Mr. Wilson Little
Director of Engineering
Blue Circle Canada Inc.
400 Waverly Road
Bowmanville, Ontario
L1C 3K3
Mr. Michael McQuaid, Q.C.
Weir and Foulds
Exchange Tower
Suite 1600, P.O. Box 480
2 First Canadian Place
Toronto, Ontario
M5X 1J5
Mr. Russell Powell
Chief Administrative Officer
Central Lake Ontario Conservation
100 Whiting Avenue
Oshawa, Ontario
1-11H 3T3
Rt. Hon. David Crombie
Waterfront Regeneration Trust
207 Queen's Quay West
Suite 580
Toronto, Ontario
M5J 1A7
Mr. Ric Symmes
Sternsman International
13 Ganton Road
R.R. #2
Orillia, Ontario
L3V 6H2
PAGE 30
Mavis Carlton, Co -Secretary
Glenda Gies, Acting Co -Secretary
Port Darlington Community Association
R.R. #2, Group 2, Box 63
Bowmanville, Ontario
L1 C 3K3
Leah Houston
Youth -in -Action
137 Cedar Crest Beach Road
Bowmanville, Ontario
LIC 3K3
Mr. Gordon White
37 Windsor Valley Drive
Courtice, Ontario
L1E 1J4
Mars Barrick
147 Cove Road
Group , Box 66
Bowmanville, Ontario
L1C 3K3
Valerie Dostie
R.R. #2, Box 11
707 Waverly Road South
Bowmanville, Ontario
Li C 3K3
Larry Defosse
125 Cove Road
Group 2, Box 66
Bowmanville, Ontario
L1C 3K3
REPORT ADMIN -47-97
PAGE 31
Murray DeHaas
C.H. (Chris) Vanderreest
83 Cedar Crest Beach Road
Agent/Appraiser/Administrator
Bowmanville, Ontario
GRID System Real Estate
UC 3K3
GRID District Operations
L1 C 3K3
7676 Woodbine Avenue, Suite 300
David Ashcroft
Markham, Ontario
63 Cedar Crest Beach Road
L3R 21\12
Group 5, Box 36, R.R. #2
Bowmanville, Ontario
R.W. Messerney, District Manager
Li C 3K3
Aurora District
UC 3K3
Ministry of Natural Resources
Debbie Houston
P.O. Box 7400
137 Cedar Crest Beach Road
10401 Dufferin Street
Bowmanville, Ontario
Maple, Ontario
UC 3K3
L6A 1S9
Georgina Preston
Mr. Ken Brant
69 Cedar Crest Beach Road
Regional Superintendent
R.R. #2
Canadian Coast Guard
Bowmanville, Ontario
201 North Front Street
L1 C 3K3
Suite 703
Sarnia, Ontario
Christine Reid
N7T 881
49 West Beach Road
Group 2, Box 26
D.V. Gilman, Area Manager
Bowmanville, Ontario
Department of Fisheries and Oceans
UC 3K3
Fisheries and Habitat Management - Ontario
867 Lakeshore Road, P.O. Box 5050
David Hill
Burlington, Ontario
101 Cedar Crest Beach Road
L7R 4A6
Bowmanville, Ontario
L1C 3K3
Bob Morrison
97 Cedar Crest Beach Road
Group 5, Box 25
R.R. #2
Bowmanville, Ontario
LIC 3K3
Maureen & Ted Remington
Box 44201
600 Grandview Street South
Oshawa, Ontario
L1 H 8R5
REPORT 115
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: COUNCIL File #
Date: March 8, 1999 Res. #
Report #: SOL -1-99 By-law #
Subject: THE REPORT OF MR. HAROLD S. GOLDKIND, Q.C., THE INQUIRY
OFFICER, UNDER THE EXPROPRIATIONS ACT RESPECTING THE
PROPOSED EXPROPRIATION OF COVE ROAD AND CERTAIN OTHER
LANDS AND RIGHTS-OF-WAY AND CONSIDERATION OF THE INQUIRY
REPORT BY COUNCIL
RECOMMENDATIONS
THAT Report SOL -1-99 be received;
THAT Council as the approving authority under subsection 5(1) of the Expropriations Act
having considered the Report of the Inquiry Officer Mr. Harold S. Goldkind, Q.C. and for
reasons set out in paragraph 5.1 of this report, approves the proposed expropriation of Parts
2, 5, 6, 7, 8, 10, 11 and 12 and the rights-of-way in Parts 1 and 2 on Plan 40R-17895 for the
purposes of reconstruction of the public and privately owned portions of Cove Road, the
construction of a bridge over Westside Creek and approaches to the bridge to connect Cove
Road to Cedar Crest Beach Road, and to establish Cove Road, the bridge and approaches as
a public highway.
THAT the Clerk be authorized to cause a copy of the decision and reasons for the decision
of Council to approve the proposed expropriation to be served upon all of the parties as
required by subsection 8(2) of the Expropriations Act.
THAT Council pass a by-law to authorize the Mayor and Clerk to execute a Certificate of
Approval on behalf of Council as the approving authority as required by subsection 8(3) of
the Expropriations Act,
5. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality
to execute a plan of the land the expropriation of which has been approved for registration
in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act.
6. THAT costs of $200.00 be paid to Mr. Gordon Alexander White, costs of $100.00 be paid
to Ms. E. Marsden Barrick and costs of $100.00 be paid to Mr. J. Edmund Barrick from the
Pits and Quarries Reserve Fund - Account No. 2900-18-X,
NOTE: The attachments are available in the Clerk's Department.
Report SOL -1-99 - 2 - March 8, 1999
ATTACHMENTS
1. Map showing Berm, Cove and Ramble routes
2. Report #ADMIN -47-97 - Recommendations and Executive Summary
3. Reduction of Plan 40R-17895
1.0 BACKGROUND
1.1 In December, 1993, at the request of the Municipality and St. Marys Cement Corporation
("St. Marys"), the Waterfront Regeneration Trust (`Trust"), chaired by the Honourable David
Crombie, agreed to help find a resolution of several issues related to St. Marys planned
developments in Clarington including its plan to quarry the Westside Marsh. A licence to
quarry the Westside Marsh has been issued under the Aggregate Resources Act and is
outstanding.
1.2 The Westside Marsh is a significant bird, fish, wildlife and vegetation habitat which the
Province has classified as a Class II Wetland.
1.3 After extensive involvement in the process by the various stakeholders who included the
Municipality, St. Marys and the community, and the publication of an Interim Report in June
1995, the Trust issued its final report entitled "Westside Marsh Report and
Recommendations" dated November, 1995 (`Trust's Final Report"),
1.4 In its Final Report, the Trust described its recommended plan as follows:
• To protect most of the Marsh and achieve "no net loss" in habitat.
• Move CBM Stone Crushing from Waverley Road.
• Create 120 -acres of parkland. (Among other things, this would protect the Cove
Community from the possible relocation of the St. Marys crushing operations to a site
owned by St. Marys on West Beach Road and would protect wetland adjacent to the
Bowmanville Marsh.)
• Close and convey a portion of Waverley Road to St. Marys.
• Clarington would provide an alternative access to the Cedar Crest Beach area by
constructing a bridge over the Westside Creek or a portion of marsh via public
highways to West Beach Road.
Report SOL -1-99 - 3 - March 8, 1999
The Trust identified three routes for a connection between West Beach Road and Cedar Crest
Beach Road: the Berm route, the Cove route and the Ramble route. The Cove route
required the acquisition of the privately owned portion of Cove Road, its reconstruction and
the construction of a bridge over the Westside Creek adjacent to Cedar Crest Beach Road.
The Trust stated that the Cove route appeared to be the most desired , least costly, and least
damaging option. A map showing these routes is contained in Attachment No. I to this
report.
1.5 Following the publication of the Trust's Final Report, a staff team led by Mr. W.H. Stockwell,
the Chief Administrative Officer, entered into discussions with the other stakeholders
respecting recommendations contained in the Trust's Final Report. These discussions in turn
led in 1997 to intensive negotiations with representatives of Blue Circle Canada Inc. ("Blue
Circle"), which had acquired St. Marys, concerning financial and other issues raised by the
Final Report.
1.6 Mr. Stockwell reported to Council on the negotiations with Blue Circle in Report
#ADMIN -47-97 entitled "Principles of Understanding Between Blue Circle Canada Inc. and
the Municipality of Clarington on the Implementation of the Recommendations of the
Waterfront Regeneration Trust Report on Westside Marsh" and on file with the Clerk. The
comprehensive recommendations contained in this Report were approved by Council at a
Special Meeting on November 3, 1997. They provided for the resolution of a number of
issues with Blue Circle with respect to the Westside Marsh, the selection of the Cove route,
the reconstruction of Cove Road, the construction of an extension of Cove Road and a bridge
and approaches, as well as the closing and conveyance to Blue Circle of a portion of
Waverley Road in exchange for the portion of the marsh to be conserved and certain other
lands. (A copy of the Recommendations and Executive Summary set out in Report
#ADMIN -47-97 are contained in Attachment No. 2 to this report.)
1.7 Most of Cove Road is in private ownership with rights-of-way in it being appurtenant (i.e.
legally attached) to individual lots that had been sold by the original owners of the Cove area.
To implement the Cove route to Cedar Crest Beach Road from West Beach Road, Cove
Road would have to be extended a relatively short distance to the south of its present westerly
terminus parallelling Westside Creek and a bridge would have to be constructed over
Westside Creek to connect the extension of Cove Road to Cedar Crest Beach Road. A
reduction of Reference Plan 40R-17895 which identifies the properties that would have to be
acquired by the Municipality to implement the Cove route project is contained in Attachment
No.3 to this report.
1.8 The Director of Public Works had examined the alternative routes identified by the Trust and
certain modifications to them. He had concluded that the Cove Road route was the preferable
route.
Report SOL -1-99 - 4 - March 8, 1999
1.9 At the meeting on November 3, 1997, among other matters, Council approved the execution
of Principles of Understanding between the Municipality and Blue Circle, closed a portion of
Waverley Road, leased a portion of Blue Circle's Haul Road from Blue Circle and dedicated
it as a Temporary Public Highway until Cove Road including a new bridge to be constructed
over the Westside Creek could be acquired, constructed and dedicated as a public highway.
The Principles of Understanding will unwind unless, among other matters, the lands required
for the Cove route including the bridge are acquired by the Municipality before December
31. 1999.
1.10 On January 12, 1998, Council approved the recommendations contained in Report
9ADMIN-02-98 and passed By-law No. 98-14. Recommendations 2, 3 and 4 provided:
"2. THAT Council hereby authorizes an application to be made to the Council of the
Corporation of the Municipality of Clarington as the approving authority under
subsection 4(1) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended, for the
approval of the expropriation of all interests in the lands more particularly described
in paragraph 2. 1, and the rights-of-way described in paragraph 2.1 in Part 1 on Plan
40R-17895, for the purposes of constructing and establish on the aforesaid lands a
public highway including a bridge over the Westside Creek and approaches to such
bridge;
3. THAT Council hereby authorize staff to take all necessary actions to serve notice of
its application for approval to expropriate upon each owner of the lands to be
expropriated and to publish the aforesaid notice in accordance with subsection 6(1)
of the Expropriations Act;
4. THAT Council pass the By-law contained in Attachment No. 2."
1.11 The lands identified in Report #ADMIN -02-98 that were proposed to be expropriated
comprise Parts 2, 5, 6, 7, 8, 10, 11 and 12 on Reference Plan 40R-17895. Part 2 comprises
the westerly portion of Cove Road which is privately owned. Part 1 comprises the easterly
portion of Cove Road which is owned by the Municipality. The private rights-of-way
appurtenant to lots in the Cove area in both Part I and Part 2 on the Reference Plan, were
also proposed to be expropriated. Parts 9 and 13 on the Reference Plan are owned by Blue
Circle and are to be transferred to the Municipality pursuant to the Principles of
Understanding for a nominal consideration. Their expropriation is not necessary.
1.12 Following Council's approval of Report #ADMIN -02-98, the Clerk submitted the
Municipality's application for approval of the proposed expropriation to Council. Council
is the "approving authority" for an expropriation of land by the Municipality under the
provisions of the Expropriations Act. The Act also provides that Council must formally
approve a proposed expropriation before it can occur.
Report SOL -1-99 - 5 - March 8, 1999
1 1 On February 4, 1998 pursuant to subsection 6(1) of the Expropriations Act, the Clerk served
notice of the Municipality's application for approval of the expropriation on the registered
owners concerned, and published it in the Canadian Statesman.
1.14 In response to the notice, Orchards Cove Holdings Limited, the registered owner of Part 2
on Plan 40R-17895, (the privately -owned portion of Cove Road) and Mr. Gordon Alexander
White, Ms. Marion Halloway Richardson, Mr. J. Edmund Barrick and Ms. E. Marsden
Barrick who are the registered owners of certain other lands proposed to be expropriated, and
several owners of rights-of-way in Cove Road requested a hearing by an Inquiry Officer as
to whether the proposed taking of their lands or rights-of-way is fair, sound and reasonably
necessary in the achievement of the objectives of the expropriating authority, that is the
objectives of the Municipality. The registered owners of Parts 9, 11, 12 and 13 on
Plan 40R-17895 did not request a hearing.
1.15 The Chief Inquiry Officer, Mr. P. Lockett of the Ministry of the Attorney General appointed
Mr. Harold S. Goldkind, Q.C. as Inquiry Officer to conduct the hearing that had been
requested.
1.16 The hearing took place on eight days. It began on May 6, 1998 and ended on August 24,
1998. Notice of the hearing was given to each owner who had notified the Municipality that
that owner desired a hearing in respect of the lands or rights-of-way intended to be
expropriated. I represented the Municipality at the hearing. Orchards Cove, Mr. White and
Ms. Richardson were represented by their legal counsel, Ms. Gabrielle Kramer. Ms. Barrick
represented herself and acted as agent for several owners of rights-of-way in Cove Road. Mr,
L. Defosse acted as agent for Mr. J. Edmund Barrick. Neither Ms. Barrick nor Mr. J.
Edmund Barrick were represented by legal counsel.
1.17 Mr. Goldkind's report ("Inquiry Report") was delivered to me on behalf of the Municipality
on February 12, 1999. As is required by subsection 7(6) of the Expropriations Act, it contains
a summary of evidence and arguments advanced by the parties, Mr. Goldkind's findings of
fact, his opinion on the merits of the application for approval and his recommendation as to
the payment of costs of the parties. These are discussed in Sections 2 and 3 of this report.
A copy of the Inquiry Report has been made available to you.
1.18 Subsection 8(1) of the Expropriations Act requires that Council consider the Inquiry Report
and approve or not approve the proposed expropriation, or approve it with such
modifications as Council, as the approving authority, considers proper. Subsection 8(2) of
the Act requires that written reasons be given for Council's decision and that they be served
upon all parties within 90 days after the day on which the Inquiry Report was received. The
purpose of this report is to assist Council in the consideration of the Inquiry Report.
Report SOL -1-99 - 6 - March 8, 1999
2.0 THE EVIDENCE BEFORE THE INQUIRY OFFICER
2.1 As is required by the Expropriations Act, the Inquiry Officer heard extensive evidence
produced by the Municipality, Ms. Richardson, Mr. White and his companies, Ms. Barrick
and Mr. Defosse, respectively, concerning the objectives of the Municipality to be achieved
by the proposed expropriations and whether the proposed expropriations are fair, sound and
reasonably necessary in the achievement of the objectives of the Municipality. The
Municipality's witnesses were Mr. David Creme, Mr. R.L. (Ric) Symmes (of the Trust), Mr.
Stephen Vokes, Mr. Donald Wright (CLOCA's Director of Environmental Approval and
Planning) and Mr. Perry Sisson (CLOCA's Director of Engineering). Mr. White testified on
his own behalf and on behalf of the companies controlled by him and Ms. Richardson. The
Inquiry Officer also heard testimony from Ms. Barrick and Mr. Defosse as well as from Ms.
Mavis Carlton and Ms. Leah Houston who were called as witnesses by Ms. Barrick.
2.2 The Inquiry Report fairly and accurately summarizes the evidence and arguments advanced
by the Municipality and the other parties to the Inquiry. For your assistance I have prepared
the following brief outline of the evidence, and the findings and opinions of the Inquiry Officer
set out in the Inquiry Report.
2.3 Mr. Creme gave extensive evidence concerning the Cove Road and Cedar Crest Beach Road
areas, Blue Circle's land holdings and operations in Bowmanville, conflicts between Blue
Circle and the residents of the two areas, the ecological importance of the Westside Marsh,
the existing licence of Blue Circle to quarry much of the Westside Marsh and the probable
impacts of such quarrying on the marsh and the communities, the Trust's Interim and Final
Reports and the consultative process established by the Trust, the content of the Principles
of Understanding between the Municipalityand Blue Circle dated November 3, 1997, the
proposed Management Agreement between the Municipality and CLOCA which is
contemplated by the Principles of Understanding, the objectives of the Municipality in seeking
approval of the proposed expropriation, and the approvals of external agencies that had been
obtained in respect of the undertakings. Mr. Crome testified as to the works necessary to
implement the Principles of Understanding respecting Westside Creek, Westside Marsh and
the proposed Cove route, the applicable provisions of the Official Plan and the Zoning By-
law, and the impacts of the proposed expropriation on the lands of the affected registered
owners. He also testified that in his opinion the proposed expropriation is fair, sound and
reasonably necessary in the achievement of the objectives of the Municipality.
Report SOL -1-99 - 7 - March 3, 1999
2.4 Mr. R.L. (Ric) Symmes gave evidence as to the studies conducted by the Trust, its
investigation of the Berm route, the Cove route and the Ramble route, the content of the
Trust's Interim and Final Reports, the Trust's recommendations as to actions to be taken by
the Municipality and Blue Circle to conserve a significant part of the Westside Marsh and to
exchange certain lands. He also testified that the Trust had established working groups of the
stakeholders including the residents of the Cove Road and Cedar Crest Beach areas to
examine the principal issues with the assistance of the consultants and that their work assisted
the Trust in preparing the Final Report. In addition, Mr. Symmes reviewed the Trust's
consideration of the Berm route, the Cove route and the Ramble route and the impact of
blasting on wells in the Cedar Crest Beach area.
2.5 Mr. Vokes gave detailed evidence as to the advantages and disadvantages of each of the Berm
route, the Cove route and the Ramble route and certain modifications of them that he had
prepared. He gave the basis for his opinion that the Cove route was the preferred route and
his recommendation that it should be selected by Council. He provided evidence concerning
the design and impact of the proposed Cove Road works including the bridge and approaches
as well as private connections to the Spur Roads which run north from Cove Road and the
properties which will abut the works. He testified that acquisition of the Spur Roads is not
part of the Municipality's objective of providing access to Cedar Crest Beach Road.
2.6 Mr. Wright gave evidence concerning O.Reg. 145/90 which established the Regional floodline
and CLOCA's "Fill and Construction Regulations" as they apply to the Cove Road and Cedar
Crest Beach areas and as to their impact respecting residential construction. He testified as
to the proposed Westside Marsh Creek diversion, the consequence of reducing the area of the
marsh, and water quality in the Westside Creek. He stated that since the same amount of
water which is to be maintained at predevelopment levels, will flow into the reduced area
reconfigured Westside Marsh, the frequency of turnover of water in the marsh will be
increased. However, the increase will be accommodated by means of a proposed engineered
outlet channel from the south-west of reconfigured Westside Marsh to Lake Ontario, and not
via more frequent breaches in the barrier beach to Lake Ontario than at present.
Report SOL -1-99 - 8 - March 8, 1999
2.7 Mr. Defosse testified that in his opinion the Municipality did not adequately investigate the
base of Cove Road with regard to reconstructing it as a stable road. He predicted that the
reconstructed road would require frequent maintenance. He testified that he thought that the
road construction would result in the loss of more trees than predicted by the Municipality
and the report of its engineers. With respect to the Cove route being the shortest route to
Cedar Crest Beach Road in comparison to the Ramble route, he testified that emergency and
other vehicles must travel a longer distance on West Beach Road to get to and from Cove
Road and that the distance travelled on both the Cove route and the Ramble route were the
same. He also testified that in his opinion the reconstructed and extended Cove Road and
bridge will result in marsh water being backed up and diverted away from Lots 9, 10 and 11
on Plan 198 thereby making these lots more suitable for buildings. (Inquiry Report, pp. 70 and
71)
2.8 Mr. Defosse's evidence as to the Cove route selected by the Municipality, the stability of
Cove Road, the number of trees that would be lost, and the possible effect of the proposed
bridge and Cove Road to dam up marsh water was contrary to the evidence of Messrs.
Vokes, Sisson and Wright. The Inquiry Officer preferred the evidence of Messrs. Vokes,
Sisson and Wright to the evidence of Mr. Defosse on these issues.
2.9 Ms. Barrick testified that she objected to the Cove route and the method of its selection. She
expressed the opinion that the Berm route is the best route because it will rest on a berm
which must be constructed in order to separate the marsh from the quarry and that there is
no requirement for a bridge at the lower end of the marsh which will result in the loss of a
frog pond and gentian and cingfoil plants in the marsh. She argued that the Municipality
should have negotiated a better agreement with Blue Circle to preserve more of the marsh.
(Inquiry Report, p. 72)
2.10 Ms. Leah Houston was called as a witness by Ms. Barrick. She expressed the opinion that
there was not enough investigation by the Trust with respect to selecting a route to replace
the Waverley Road access to the Cedar Crest Beach community. However, she
acknowledged that the Municipality recognized the importance of the Westside Marsh and
there were limitations on what it could do with regard to saving the Westside Marsh. (Inquiry
Report, p. 69)
Report SOL -1-99 - 9 - March 8, 1999
2.11 Ms. Mavis Carlton was also called as a witness by Ms. Barrick. She testified that the Blue
Circle dock is causing erosion of the beach in part of the Cove and Cedar Crest Beach
communities. She expressed the view that the working group set up by the Trust did not
receive enough information on which to select the best route. She stated that she did not
want Cove Road made into a public road because of the increase in traffic. However, Ms.
Carlton testified that she supports the Principles of Understanding even though she does not
favour the Cove route because as a package, the agreement is in the long-term best interest
of the community since it saves the marsh and provides additional greenbelt land. (Inquiry
Report, pp. 63 and 64)
2.12 Mr. White testified that his principal objection to the proposed expropriation was that the
Municipality's objective is too narrow and that more land than that proposed by the
Municipality should be acquired for the project from Mr. White, his companies and Ms.
Richardson. Mr. White proposed that the Municipality acquire from him or his companies
the portion of Cove Road comprising Part 2 on Plan 40R-17895, the two Spur Roads running
north from Cove Road (Parts 3 and 4 on Plan 40R-17895) all of Lots 12 and 13 on Plan 198
(instead of only the portion required for the proposed Cove Road construction, bridge and
extension works) and part of unsubdivided Lot 12 B.F.C. (which includes the bottom of
Westside Creek to Lake Ontario instead of only the portion proposed to be expropriated
being the area required for the bridge) and a strip of land on the west limit of Lot 12 B.F.C.
on the south side of Cedar Crest Beach Road also owned by Mr. White.
2.13 Mr. White's counsel, Ms. Kramer, argued that the Municipality should acquire the two Spur
Roads, or parts of them for proper gradual grading into Cove Road, Ms. Kramer argued that
the Spur Roads should be converted into public roads so that "all of the lots in the Cove
community will have equally suitable public road access." (Inquiry Report, pp.98 and 99)
2.14 Ms. Kramer also argued that the reconfiguration of the Westside Marsh "will result in an
uncertain and unpredictable functioning of the marsh at its lower end and outlet, and an
unpredictable effect on her client's Lots 12 and 13 (including the beach) on Plan 198 ... (and)
that the Municipality should acquire these lots since the Municipal project may change the
nature of these lots and accordingly, the Municipality should assume the risk of any changes
on her client's adjacent land." (Inquiry Report, p. 99)
2.15 In his evidence Mr. Vokes had testified that none of the lots affected by the proposed
expropriation would be landlocked and that it will be possible to provide road access to
driveways that may be constructed on them. (Inquiry Report, pp. 51 and 52)
Report SOL -1-99 - 10- March 8, 1999
2.16 Mr. Vokes also had testified that the acquisition of the two Spur Roads was not part of the
Municipality's objective of providing access to Cedar Crest Beach Road, and that the
Municipality's policy was that it would only take over private roads if they are conveyed to
the Municipality in a condition which meets Municipal standards for a public road. The
estimated cost of bringing the Spur Roads up to Municipal standards is about $300,000.00.
Further, Mr. Vokes testified that with Mr. White's consent the Municipality would regrade
about a quarter of the westerly Spur Road to provide a more gradual slope to the elevation
of the reconstructed Cove Road the elevation of which will be lowered by about 1/2 metre
in front of the road. If Mr. White did not give his consent, Mr. Vokes said that the transition
between the grades could be effected within the Cove Road right-of-way "but with a steeper
and less desirable slope". (Inquiry Report, pp. 53 and 54)
2.17 The Inquiry Officer accepted Mr. Vokes' evidence. He found that the improvement of the
Spur Roads is not essential to the existence or safe operation of Cove Road and that within
the Cove Road right-of-way the intersection can be made safe, and acceptable grading and
integration can be accomplished. (Inquiry Report, p. 100)
2.18 With respect to the issue raised by Mr. White of the effect of the proposed reconfiguration
of the Westside Marsh on Lots 12 and 13 (including the beach) on Plan 198 and the portion
of Lot 12 B.F.C. owned by Mr. White, Mr. Sisson testified as to how the reconfigured marsh
was designed to function and as to the expert studies that had been done. (Mr. Sisson's
evidence is summarized at pages 73 to 79 of the Inquiry Report.) Mr. Sisson stated that the
objective of CLOCA "is to maintain the water level in the marsh in pre -project condition at
all times, so that the project has no effect on barrier beach and minimal effect on the marsh."
Further, contrary to the evidence of Mr. Defosse, he gave his opinion that the bridge would
not act as a dam to block water flow in the marsh because of its clearance above the water.
2.19 The Inquiry Officer found that Mr. Sisson's evidence was not challenged by the other expert
evidence, nor upset on cross-examination. (Inquiry Report, p. 99)
2.20 The Inquiry Officer accepted Messrs. Sisson's and Wright's evidence respecting the effect of
the project on the reconfigured Westside Marsh and on the adjacent lands of Mr. White and
Ms. Richardson. (Inquiry Report, pp. 101 and 105)
3.0 OTHER FINDINGS AND OPINIONS OF THE INQUIRY OFFICER
3.1 The Inquiry Officer found that the immediate objective of the Municipality is to establish a
public highway from West Beach Road to Cedar Crest Beach Road in order to provide
highway access to the Cedar Crest Beach Community. This objective is part of the
Municipality's broader objective to acquire a major portion of Westside Marsh from Blue
Circle and retain it as a marsh. (Inquiry Report, p. 80)
Report SOL -1-99 - l l - March 8, 1999
3.2 The Inquiry Officer also made a number of findings of fact consistent with the Municipality's
evidence respecting the background to the work of the Trust and its Interim and Final
Reports, Blue Circle's landholdings operations and significance to Clarington, community
concern respecting the possible relocation of the CBM operation to Blue Circle's land on
West Beach Road, the Principles of Understanding between the Municipality and Blue Circle,
the selection of the Cove route and its impact, the lands required for the Cove Road and
bridge project, the objections of Mr. White on his behalf and that of his companies and Ms.
Richardson, and the operation of the reconfigured Westside Marsh and Creek. These are set
out at pages 81 to 106, inclusive, of the Inquiry Report.
3.3 The Inquiry Officer expressed the following opinions. First, the Principles of Understanding
save a Provincially significant marsh and recognizes the legitimate rights of Blue Circle - a
significant employer and taxpayer in the Municipality - to carry on its business which is
dependent on an adequate supply of acceptable limestone. Second, the Cove route including
the bridge is not only the cheapest and shortest route to construct but it also represents minor
property impact and the least potential environmental impact. Third, the Municipality
requires the lands and interests therein that it seeks to expropriate in order to construct and
convert Cove Road into a public road and to erect a bridge linking the new Cove Road to the
Cedar Crest Beach area.
3.4 The Inquiry Officer concluded that the Municipality's actions are reasonably defensible and
that the proposed taking of lands or any part thereof by the Municipality is fair, sound and
reasonably necessary in the achievement of the objectives of the Municipality as the
expropriating authority. (Inquiry Report, pp. 107 to 109, inclusive)
4.0 COSTS
4.1 With respect to costs, the Inquiry Officer recommended that the Municipality pay costs as
provided under the Expropriations Act. He left the amount of costs and the basis on which
costs are paid to the discretion of the Municipality.
4.2 Subsection 7(10) of the Expropriations Act authorizes the Inquiry Officer to recommend to
Council that a party to the inquiry be paid a fixed amount of costs not to exceed $200.00.
However, Council is not obliged to accept the recommendation.
Report SOL -1-99 - 12- March 8, 1999
5.0 CONCLUSIONS AND RECOMMENDATIONS
5.1 The Inquiry Officer conducted a lengthy hearing into the proposed expropriation. He
carefully summarized the evidence that was adduced by the parties and correctly made
findings of fact based on the evidence. His central finding and opinion that the proposed
expropriation of Parts 2, 5, 6, 7, 8, 10, 11 and 12 and the rights-of-way in Parts I and 2 on
Plan 40R-17895 is fair, sound and reasonably necessary in the achievement of the objectives
of the expropriating authority are consistent with and are required by the evidence that was
adduced at the hearing.
5.2 I recommend that Council as the approving authority under subsection 5(1) of the
Expropriations Act having considered the Report of the Inquiry Officer Mr. Harold S.
Goldkind, Q.C. and for the reasons set out in paragraph 5.1, approve the proposed
expropriation of Parts 2, 5, 6, 7, 8, 10, 11 and 12 and the rights-of-way in Parts 1 and 2 on
Plan 40R-17895 for the purposes of reconstruction of the public and privately owned portions
of Cove Road, the construction of a bridge over Westside Creek and approaches to the bridge
to connect Cove Road to Cedar Crest Beach Road, and to establish Cove Road, the bridge
and approaches as a public highway.
5.3 With respect to costs to be paid to the parties, I recommend that $200.00 be paid to Mr.
Gordon Alexander White to assist in defraying his costs and those of the companies that he
controls and Ms. Richardson's participation in the hearing. I also recommend that $100.00
be paid to Ms. E. Marsden Barrick to assist in defraying her costs of participating in the
hearing. Since Mr. L. Defosse acted as agent for Mr. J. Edmund Barrick, I recommend that
$100.00 be paid to Mr. J. Edmund Barrick to assist in defraying his costs of participating in
the hearing. The Treasurer advises that the funds for this purpose should be drawn from the
Pits and Quarries Reserve Fund (Account No. 2900-18-x).
5.4 I recommend that the Clerk be authorized to cause the decision and reasons for the decision
of Council to approve the proposed expropriation to be served upon all of the parties as is
required by subsection 8(2) of the Expropriations Act.
5.5 I recommend that Council pass a by-law to authorize the Mayor and Clerk to execute a
Certificate of Approval as required by subsection 8(3) of the Expropriations Act on behalf of
Council as the approving authority under the Act.
5.6 I also recommend that Council pass a by-law to authorize the Mayor and Clerk on behalf of
the Municipality to execute a plan of the land the expropriation of which has been approved
for registration in the proper land registry office pursuant to subsection 9(1) of the
Expropriations Act.
Report SOL -1-99 13 - March 3, 1999
5.7 If Council approves the proposed expropriations, they will be completed by the registration
in the proper land registry of a plan of the lands which are expropriated. The plan must be
registered within 3 months after approval to expropriate has been given. Title is transferred
to the Municipality on the registration of the plan and the owners' rights are converted by the
Act from rights in the lands expropriated to rights to be paid at market value compensation
and compensation for any damage suffered by injurious affection of the lands. However, the
Municipality cannot obtain possession of the lands expropriated until notices are served on
the registered owners concerned of the expropriation and requiring possession of the lands
expropriated to be given to the Municipality on a specified date which shall be at least 3
months after the date of service of the notice of possession. Also, subsection 25(1) of the Act
requires that the expropriating authority within 3 months after registration of the
expropriation plan and before taking possession of the land which is expropriated, serve upon
the registered owner an offer of an amount in full compensation for the owner's interest and
offer immediate payment of 100% of the amount of the estimated market value of the owners
interest.
Respectfully submitted
a,"� 00-\
Dennis C. Hefferon, Solicitor
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ATTACHMENT !12 -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: ADMIN47.97
REPORT
Meeting: Council File # 1 �!
Date: Monday, November 3, 1997
Res. #
ADMIN -47-97
Report #: File #:
p By-law #
Subject: PRINCIPLES OF UNDERSTANDING BETWEEN BLUE CIRCLE CANADA INC. AND:', -
THE MUNICIPALITY OF CLARINGTON ON THE IMPLEMENTATION OF THE
RECOMMENDATIONS OF THE WATERFRONT REGENERATION TRUST REPORT ON
WESTSIDE MARSH
Recommendations:
It is respectfully recommended to Council the following:
THAT Report WD -64-97 be lifted from the table and received for information;
2. THAT Report ADMIN -47-97 be received;
3. That the Principles of Understanding between Blue Circle Canada Inc. ('Blue Circle")
substantially in the form and content of Attachment #4 be approved and that the Mayor
and Clerk be authorized to execute the Principles of Understanding on behalf of the
Municipality;
4. That subject to the Director of Public Works advising Council that the extension of the
haul road has been connected to Waverly Road to his satisfaction and the portion of the
haul road identified in Attachment #2 to this report is in a condition appropriate for a
public highway, Council approve the Lease of the land for the Temporary Public Highway
from Blue Circle to the Municipality and authorize the Mayor and Clerk to execute the
Lease on behalf of the Municipality substantially in the form and with the content of
Attachment #9;
5. That Council pass a by-law dedicating the Temporary Public Highway in accordance with
the Principles of Understanding;
6. That notwithstanding Section 7 of By-law 95-22, Council pass a by-law declaring
Proposed Closure Area A and the abutting reserves as defined in the Principles of
Understanding to be surplus pursuant to Section 193 of the Municipal Act;
7. That following the dedication of the Temporary Public Highway, as a public highway,
Council pass a by-law to close that portion of Waverly Road identified as Proposed
Closure Area A and authorize the conveyance of it and the abutting reserves to Blue
Circle in accordance with the terms of the Principles of Understanding;
8. That Council authorize staff to take all necessary actions to obtain the senior government
approvals referred to in the Principles of Understanding;
REPORT ADMIN -47-97
PAGE 2
9. That conditional on the payment to the Municipality of $707,800.00 by Blue Circle Canada
Inc. on the Closing Date as defined in the Principles of Understanding and payment by
Blue Circle Canada Inc. of not less than $70,000.00 to CLOCA or not less than
$94,500.00 to the CLOCA Foundation, Council:
(i) appropriate $691,800.00 comprising $375,000.00 from Account 2900-18-X (Pits
and Quarries Reserve) and $316,800.00 from Account 5001-6-X (Roads Capital
Reserve Fund) for the reconstruction of Cove Road, the construction of the
Westside Creek Bridge and the improvements to the Blue Circle Haul Road;
(ii) transfer $100,000 from Account 2900-18-X (Pits and Quarries Reserve) to a
reserve fund to be established for the preparation and implementatior-I of a
management plan for the Westside Marsh and Bowmanville Marsh wetland
complex;
approve the payment of one-half of all government fees and taxes up to $5,000
payable on the registration of transfers to CLOCA, such monies to be
appropriated from Account 2900-18-X (Pits and Quarries Reserve); and
(iv) approve the payment of additional costs associated for consulting, legal and any
additional studies required from the Contingency Account 7007-X-298 (best ,
estimate approximately $75,000.).
10. That staff report back on the status of negotiations for the acquisition of interests in land
required for reconstruction of Cove Road, the construction of the Westside Creek Bridge
and approaches to them;
11. That Council direct that notwithstanding By-law 94-129 as amended (the Purchasing By-
law) the tender documents for the reconstruction of Cove Road and the construction of
the Westside Creek bridge and the accesses to it shall require that aggregate and
concrete be purchased from Blue Circle at prices not to exceed then current market
prices for these products in the Municipality;
12. That Council approve the making of a management agreement between the Municipality
and CLOCA respecting the future public lands identified in the Principles of
Understanding which are to be transferred to CLOCA addressing among other matters,
the issues set out in Attachment #6 and pass a by-law to authorize the Mayor and Clerk
to execute the same on behalf of the Municipality;
13. That Council approve Modification #170 to the Clarington Official Plan as contained in
Schedule "M' of the Principles of Understanding as contained in Attachment #4 to this
report and that the Region of Durham be requested to:
approve the portion of the modification related to the Cove residential
area; and
defer approval of portion of the modification related to the Blue Circle
lands until the Temporary Public Highway referred to in the Principles of
REPORT ADMIN -47-97
PAGE 3
Understanding is closed as a public highway and the Lease of the
Temporary Public Highway is released to Blue Circle;
14. That the Region of Durham be requested to modify the Durham Regional Official Plan as
contained in Schedule "L" of the Principles of Understanding as contained in Attachment
#4 and request the approving authority under the Planning Act not approve the same
until the Temporary Public Highway referred to in the Principles of Understanding is
closed as a public highway and the Lease of the Temporary Public Highway is released
to Blue Circle;
15. That the Rt. Hon. David Crombie and the Waterfront Regeneration Trust be requested to
obtain assistance from the Province of Ontario or other sources to provide matching
funding for the preparation and implementation of a environmental management plan for
the enhancement of the provincially significant wetland functions in the Westside
Marsh/Bowmanville Marsh complex on the basis of matching funding; and
16. That Council approve the content of the letter contained in Attachment #5 to Blue Circle
Canada Inc. that conditional on satisfaction of the conditions set out in it the Municipality
would not object to an increase in the maximum amount of the annual tonnage that may
be extracted from the quarry from 3 to 4.5 million tonnes;
17. That conditional on the actions required to be undertaken prior to and on the "Closing
Date" as defined in the Principles of Undertaking being completed, staff be authorized to
undertake all necessary steps to implement the Principles of Understanding including but
not limited to:
• the preparation of working drawings, specifications and tender documents as well
as calling tenders for the construction and installation of the Cove Road
improvements and the Westside Creek bridge;
• the holding of a public meetings to consider the amendments to the zoning by-
law referred to in the Principles of Understanding;
18. THAT Blue Circle Canada Inc., the Port Darlington Community Association, the Waterfront
Regeneration Trust, Central Lake Ontario Conservation, Ontario Hydro, the Region of
Durham Planning Department and the interested parties listed in this report be advised
of Council's decision.
REPORT ADMIN -47-97
EXECUTIVE SUMMARY
Td �]
Municipal staff and Blue Circle have been meeting to settle the terms of the Principles of
Understanding to implement the recommendations of the Waterfront Regeneration Trust
regarding Westside Marsh. The details on the background to the negotiations are
contained in Section 1 of this Report.
2. At recent meetings of Committee and Council, residents have raised a number of
concerns with respect to the proposals. While many residents appear to support the
principles of the arrangement, a number of specific issues of concern have been raised
and certain individuals have objected to the proposed solution. These are outlined in
Section 2 of this report.
3. The main elements of the Principles of Understanding contained in Sections 3-10 of this
report are summarized below:
SUMMARY OF MAIN ELEMENTS OF PRINCIPLES OF UNDERSTANDING
Item
Blue Circle
Municipality of Clarington
Closure and
It is the intention of the parties that the
Conveyance of
Municipality will close Waverly Road in two
Waverly Road
stages. Closure Area A (southerly 1.36 ha)
will be closed and conveyed prior to the
Closing Date. It is the intention that Closure
Area B (the northerly 0.57 ha) will be closed
and conveyed to Blue Circle after the Cove
Road/Westside Creek Bridge works are
completed and dedicated as a public
highway.
Temporary Public
Blue Circle will improve and lease a
The Municipality will credit Blue Circle for
Highway
portion of their haul road and its
one half of the costs of the road
extension to Waverly Road to the
improvements for the temporary road at the
Municipality for nominal consideration
time of Closing.
until such time as Cove Road is
reconstructed and Westside Creek
Bridge is constructed and both are
dedicated as public highways.
Conveyance of Lands
At the closing date, Blue Circle will
The Municipality will close and convey 0.74
to CLOCA
convey approximately 43 acres of lands
acres of Waverly Road to CLOCK
comprising portions of the Bowmanville
Marsh, valleylands and the Marsh Link
Area. Blue Circle will also convey in
escrow approximately 67.5 acres of the
Reconfigured Marsh. The conveyance of
these lands will be completed upon the
closing of the Temporary Public Highway
and the release of the Lease of it to Blue
Circle. Certain easements will also be
transferred to CLOCA.
REPORT ADMIN -47-97
PAGE 5
Item
Blue Circle
Municipality of Clarington
Westside Creek
Blue Circle will construct the creek
Diversion
diversion at its cost. The diversion works
include the construction of an overflow
channel to provide flood relief.
Fisheries Habitat
Blue Circle will construct fisheries habitat
Compensation
compensation works at its cost.
Bridge and Road
Blue Circle will contribute $707,800.
The Municipality will construct the bridge
Construction
towards land acquisition, bridge and road
and road improvements for an estimated
construction works.
cost of $1.4 million dollars.
Land Acquisition for
The Municipality is responsible for acquiring
Bridge and Road
Cove Road and the lands needed for the
Works
bridge. The appraised land costs have
been included in the cost-sharing
arrangements. Any additional costs would
be borne by the Municipality.
Emergency Route
Blue Circle will licence to the Municipality
an emergency route to and from Highway
401 for fire, and other emergency
vehicles and for residents in the event of
a flood. The route would utilize internal
haul roads and be relocated from time to
time in accordance with Blue Circle's
operations.
Aggregate Supply
The Municipality will purchase all aggregate
and concrete required for the Cove Road
and bridge construction from Blue Circle at
market prices.
Fisheries Agreement
Blue Circle, CLOCA, the Ministry of
Natural Resources and the Department of
Fisheries and Oceans will sign a Letter of
Intent which will detail the works to be
done, timing of construction, and
monitoring activities.
Maintenance and
Blue Circle will enter into agreements
Monitoring Agreement
with CLOCA and Ontario Hydro regarding
the issues of the stability of the
channelization works, liability, monitoring
program, maintenance procedures and
costs.
Management
Blue Circle will contribute not less than
The Municipality and CLOCA will have a
Agreement
either $70,000 to CLOCA or $94,500 to
joint management agreement for the lands.
the CLOCA Foundation for start-up costs.
The Municipality will contribute $100,000
towards the start-up costs.
REPORT ADMIN -47-97
PAGE 6
Item
Blue Circle
Municipality of Clarington
Total
Municipal Land Acquisition and Construction
691,800.
Waterfront Trail
Blue Circle will relocate a portion of the
Blue Circle Haul Road Improvements
0.
waterfront trail at its cost and ensure that
14,000,
CLOCA Management Plan and Start Up Costs
it will generally be open between April 1
70,000.*
170,000.
and October 31 st during the construction
$791,800.
$791,800.
period.
Land Transfer Tax
Security Fence
Blue Circle will install a 6 ft. high chain
10,000.**
Total
link security fence around the perimeter
$796,800.
$1,593,600.
of their lands once they commence
quarrying east of Waverly Road.
Official Plan
Blue Circle will not object to modifications
The Municipality will proceed to adopt
to the Durham and Clarington Official
modifications to the Clarington Official Plan
Plan provided that the approval is
and request modification to the Regional
withheld until the Temporary Public
Official Plan.
Highway is closed and the Lease is
released to Blue Circle.
Zoning By-law
Blue Circle will not object to the passing
The Municipality will proceed to enact two
of two zoning by-laws, the latter to be
zoning by-laws to rezone the lands EP. The
enacted only after the lease on the haul
first by-law would be enacted as soon as
road is surrendered.
possible. The second by-law is affected by
the existing aggregate licence and would be
enacted only after the licence is amended
and the lease on the temporary haul road is
released.
4. The financial arrangements provide for an equal sharing of the anticipated total
cost of acquiring lands, construction of roads and bridges and funding the start-up
costs for CLOCA to manage the wetland. Due to timing requirements and tax
considerations, the costs have been apportioned as follows:
* $94,500. if donation made to CLOCA Foundation
**Estimate only
Clarington
Share
Blue Circle
Share
Total
Municipal Land Acquisition and Construction
691,800.
707,800.
1,399,600.
Blue Circle Haul Road Improvements
0.
14,000.
14,000,
CLOCA Management Plan and Start Up Costs
100,000.
70,000.*
170,000.
Subtotal
$791,800.
$791,800.
1,583,600.
Land Transfer Tax
5,000.
5,000.
10,000.**
Total
$796,800.
$796,800.
$1,593,600.
* $94,500. if donation made to CLOCA Foundation
**Estimate only
REPORT ADMIN -47-97
1. BACKGROUND
1.1 Overview
PAGE?
The Westside Marsh is a provincially significant wetland, the majority of which is currently
licensed for extraction by Blue Circle Canada Inc. (see Attachment #1) As well, the
Marsh borders on approximately 50 dwellings on Cedar Crest Beach Road and Watson
Drive, and is also adjacent to a number of dwellings in the Cove Road area, which is a
private road. The Westside Marsh is highly valued by these residents, as well as by
regional and local naturalists.
Blue Circle Canada Inc. ('Blue Circle" formerly St. Marys Cement) holds a license to
quarry limestone on a 252.38 ha parcel on the waterfront. The licensed area is also
bisected by Waverly Road, which is owned by the Municipality, and provides road access
to the residences on Watson Drive and Cedar Crest Beach Road. Blue Circle also owns
several smaller parcels, including a portion of the Bowmanville Marsh, which are not
licensed for extraction.
The Westside Marsh is provincially significant for several reasons:
• as an example of old dune succession;
• as an example of dynamic beach flora; and
• as an example of fen -like habitat which does not occur anywhere else in Durham
Region and is considered provincially rare.
In addition, Westside Marsh is in a unique position receiving relatively little impact over
the years. The bird community numbers in excess of 250 species, including many
regionally rare and some provincially significant birds. The wetland vegetation is the
most diverse of all of the marshes in Durham in terms of its flora which includes 18
regionally rare species. While much of the wetland will be retained, the loss of the north
end of wetland represents the loss of a significant breeding bird population, a vibrant
plant community, and amphibian breeding grounds.
1.2 Waterfront Regeneration Trust Process
1.2.1 In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality
and Blue Circle, agreed to help resolve the numerous issues related to Blue Circle
REPORT ADMIN -47-97 PAGE 8
operation on the Lake Ontario Waterfront, including their plans to quarry the Westside
Marsh.
1.2.2 In December 1994, three public discussion sessions were held in Clarington to increase
public understanding of Blue Circle plans and explore any practical alternatives that
provided for both the long term viability of Blue Circle's operations and the preservation
of the greatest portion of the wetland possible.
1.2.3 On April 5, 1995 the Trust held a fourth public discussion session to outline its proposal
on a concept to resolve the primary issues and receive public comments. This was
documented in an Interim Report dated June 1995.
1.2.4 The Trust invited a number of interested parties, including local residents, naturalists, the
Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and the
federal Department of Fisheries and Oceans, to participate in two workgroups to consider
habitat issues and other community concerns related to Blue Circle's plans. These
workgroups met regularly through the summer and fall of 1995 to explore issues and
review information, and to assist the Trust in the development of options for resolving the
various issues.
1.2.5 In November 1995, the Trust released a report entitled Westside Marsh - Report and
Recommendations in which they presented a concept for the preservation of the Westside
Marsh. The major recommendations provided in the Report are as follows:
• The "limit of extraction" available to Blue Circle on the Westside Marsh is to be
shifted to the north. This would allow a major portion of the existing Westside
Marsh to be retained. This would also provide for an increased buffer zone
between the waterfront communities and the quarry.
• The remnant wetland should be enhanced and augmented with additional habitat
on site or in nearby marshes to achieve "no net loss" overall as a result of the
quarrying activities.
• The Municipality should close and transfer Waverly Road to Blue Circle, thereby
allowing the company to quarry the limestone under the road allowance as well
as within the required extraction setbacks (30 metres on either side).
• The Municipality should provide a new road access to Cedar Crest Beach Road
by constructing a bridge and road connections to West Beach Road. The Trust
REPORT ADMIN -47-97
PAGE 9
supported the use of Cove Road as the most direct, least costly and least
damaging option.
• Westside Creek would be diverted so that it flows through the Ontario Hydro
transmission corridor to the north of the Marsh and empties into the east side of
the retained Marsh. The diversion was to be constructed on natural stream
principles.
• Blue Circle should convey the retained portion of the Marsh, industrially -zoned
land to the north of the Cove Community and other smaller land holdings to a
public agency to create a community -controlled parkland linking with the existing
Bowmanville Marsh. This would create 120 acres of additional parkland.
• The Municipality should provide an industrial location for Blue Circle to allow for
the relocation of the CBM stone crushing and concrete batching plant.
• Blue Circle should set up a Community Relations Committee
• Representatives of the local community, Blue Circle, Clarington and CLOCA
should form a Steering Committee to develop an environmental management
plan, co-ordinate education and volunteer involvement and provide advise.
• The Waterfront Regeneration Trust, Clarington and the local community should
assist CLOCA to find the necessary resources to carry out management and
planning activities.
1.3 Implementation of Trust Proposal
1.3.1 In July 1996, Council authorized Staff to initiate negotiations with representatives of Blue
Circle regarding the closure and conveyance of Waverly Road, and the transfer of the
retained Marsh and other lands to a public agency. As well, in order to continue public
access to Cedar Crest Beach Road once Waverly Road is closed, Council agreed to take
public ownership of Cove Road and to build a bridge over the mouth of the Marsh to
connect the two roads.
1.3.2 The following actions were undertaken subsequently:
• Staff initiated negotiations with the owners of property on both the east and west
sides of the mouth of the Marsh to acquire the necessary lands to build the
bridge and road approaches.
• Cornwall Property Consultants Ltd. was retained to undertake an appraisal for the
portion of Waverly Road to be closed and conveyed to Blue Circle.
REPORT ADMIN -47-97
PAGE 10
• Bird and Hale Limited was retained to undertake a scoped environmental study
to determine the environmental impacts related to the construction of the bridge
and road approaches. This report, completed in November 1996, indicates that
there are no serious impacts on the natural environment resulting from the
location and construction of the bridge and road approaches. The Report
recommends a number of mitigative measures to reduce or eliminate the potential
impacts.
• Totten Sims Hubicki was retained by the Municipality to undertake an engineering
study to determine the final design and location of the bridge crossing and road
approaches, including the necessary upgrades to Cove Road.
• Two public information centres and a public meeting were held as follows:
i) A Public Information Centre was held on February 18, 1997 to present and
discuss the findings of the Environmental Impact Study with consultants
and Staff.
ii) A second Public Information Centre was held on September 4, 1997 to
provide information relating to the location and design of the bridge, the
road improvements for Cove Road and the approaches on the east side
of the Marsh. Notice of both Information Centres was provided to all
residents of the waterfront communities adjacent to the Marsh.
iii) A Public Meeting was held on September 29, 1997 on the application to
close and convey a portion of Waverly Road to Blue Circle and to dedicate
the Haul Road and its extension as a temporary public highway.
2. RESIDENT'S COMMENTS:
2.1 At the September 29, 1997 Public Meeting respecting the closure of Waverly Road a
number of residents raised questions and voiced concerns related to the road closure
and other aspects of the proposal. Subsequently, on October 6, 1997, a report was
presented to the GPA addressing concerns related to the road closure (WD -64-97). At
that meeting, more questions were raised by concerned residents.
The following summarizes questions and concerns raised by the residents, each are
followed by staff's response.
What are the health effects resulting from the aggregate operations (le noise, dust
and vibrations)?
The operation of the quarry can create a number of nuisances which are
regulated by the Ministry of Natural Resources (MNR) under the Aggregate
REPORT ADMIN -47-97
PAGE 11
Resources Act. However, Staff are not aware of any health effects specifically
resulting from noise, dust and vibration of quarrying activities. The Ministry of
Natural Resources have indicated that they have no knowledge of any studies
related to health impacts.
Will well water supply in the Watsons Drive area continue to diminish?
In December 1995, residents in the Watsons Drive area experienced well water
disturbances after a series of blasts in the quarry. According to a hydrogeologist
retained by Blue Circle, the water source in the Watsons Drive area is derived
from an aquifer not fed from either the marsh or Lake Ontario. Although the
hydrogeotogist could not be certain that the disturbances resulted from the blasts,
he did indicate that as the quarry moves east, the aquifer would recharge at a
much slower rate. Since that time Blue Circle has provided water in a portable
cistern to the affected residents. It is Blue Circle's intention to acquire additional
residential properties in the Watsons Drive area to alleviate direct impacts on
residents. Alternately, consideration would be given to providing in -ground
cisterns as a long-term solution.
Will land values in the Cedar Crest Beach/Watsons Drive area decrease as a result
of proposal?
Staff are not aware of any evidence that would support this conclusion.
According to the Trust's report, in most instances, waterfront properties hold their
value. The increased open space buffer between residences and the quarrying
operation could have a positive effect on land value.
Will the length of time children stay on the school bus increase?
Staff have spoken with representatives from both School Boards. They both
indicated that the length of time on the school bus would likely increase but only
marginally. The school boards want to ensure that there will always be an
appropriate turn -around at the end at Cedar Crest Beach Road. This turn -around
is currently provided by Watsons Drive. In addition, the school boards indicated
that they are in the process of realigning school boundaries as a result of new
REPORT ADMIN -47-97
PAGE 12
schools opening in Bowmanville and would consider the impact of closing
Waverly Road.
Saving only sixty percent of the Marsh is not good enough. Why should we stop
here?
The agreement reached between Blue Circle and the Municipality, in Staff's
opinion, is a good solution for saving a portion of the marsh and meeting the
concerns of the residents while maintaining the economic viability of the
company.
When will the CBM aggregate processing operation be relocated and where?
The agreement partially implements the Trust recommendation regarding CBM
aggregate processing and redi-mix operations on Waverly Road. The Trust
recommended that these operations be transferred to an industrial location
provided by the Municipality of Clarington within two years of the execution of the
agreement. Under the agreement negotiated between the Municipality and Blue
Circle, the existing CBM aggregate processing plant and redi-mix operation will
be removed within two years of the closing of the Temporary Public Highway on
the Blue Circle Haul Road. However, Blue Circle reserved the right to reinstall
another crusher on their lands provided it complies with the Official Plan
modification. Modification No. 170 to the Clarington Official Plan prohibits the
CBM operation within 700 metres of the nearest residence and 150 metres from
Lake Ontario, or alternatively is located 10.7 metres (35 feet) below natural grade.
What assurances are there that the marsh link area will come into public ownership?
Is there a policy document to reflect this?
The agreement between Blue Circle and the Municipality requires the marsh link
area to be transferred to a public agency. The transfers will take place
simultaneous with the transfer of the first portion of Waverly Road. (See Section
8(a)(ii) of Principles of Understanding).
What assurances are there that CLOCA will not sell off the marsh?
Under the terms of the agreement, the marsh and various other parcels will be
transferred at the direction of the Municipality to CLOCA. The Municipality will
REPORT ADMIN -47-97
PAGE 13
retain an option so that if the Authority dissolves or declares the lands surplus to
their needs, the lands would be transferred back to the Municipality.
Will Blue Circle have any form of interest in the lands to be transferred?
Blue Circle will retain some easements to access the diversion channel and dyke
for construction and repairs as detailed in Schedule "K" to the Principles of
Understanding. A temporary easement will also be retained over the reconfigured
marsh to create and maintain fisheries enhancement works as required by
Department of Fisheries and Oceans. Blue Circle will have no other legal interest
in the transferred lands.
Why does Waverly Road need to be closed before the bridge is built?
Blue Circle was willing to contribute their share of the costs for reconstruction of
Cove Road and construction of Westside Creek bridge provided that Waverly
Road was closed by the Municipality. In other words, they were not willing to
advance the funds on speculation that a future Council would pass the necessary
by-laws to close the road. Given the end of term for this current Council and the
recognition by all parties of the need to bring this process to a close, it is legally
necessary to close the road first while providing for a temporary road on a leased
basis until the bridge is actually built and Cove Road dedicated as a public road.
The Municipal Act prohibits the closing of a public highway which is the only
access to properties unless access is provided by another public highway.
Why is the northerly part of Waverly Road deleted from the proposed closure?
Blue Circle had originally wanted to acquire as much of Waverly Road as possible
under the first phase of the closure. However, this section was deleted to avoid
the unnecessary construction of a temporary route estimated to cost $70,000
when that portion of Waverly Road could be used. It also avoids additional
unnecessary inconvenience to residents. The Principles of Understanding provide
for a second closure of the northerly part and the Temporary Public Highway after
the Westside bridge is constructed and dedicated as a public road (See Section
4 of Report).
REPORT ADMIN -47-97
PAGE 14
When are approvals for the bridge forthcoming from the various agencies?
The status of the approvals for the Westside Creek are reviewed in Section 5 of
this report.
Once Cove Road becomes public, area residents are concerned that the general
public will access the beach over private property. Can signage be provided to
direct people to areas that are publicly accessible?
Directional signage to public areas along the waterfront will only be considered
once public amenities are built along the waterfront.
3. THE PRINCIPLES OF UNDERSTANDING
3.1 The Principles of Understanding will be made fully conditional on the necessary senior
government approvals being granted. In the event that all approvals are not granted by
December 31, 1999, the Principles of Understanding will unwind and consequently will
not bind either the Municipality or Blue Circle after that date.
3.2 The main elements of the Principles of Understanding (Attachment #4) are set out in the
chart included in the Executive Summary and key items are reviewed in detail in the
following sections.
3.3 The implementation of the recommendations of the Waterfront Regeneration Trust will
require that:
• Blue Circle enter into a legal arrangement with the Federal Department of
Fisheries and Oceans, the Ministry of Natural Resources and CLOCA respecting
the fish habitat;
• Blue Circle enter into a legal arrangement with Ontario Hydro and CLOCA
respecting the diversion works and lands; and
• the transfer of certain lands to CLOCA, the making of a management agreement
respecting them by the Municipality and CLOCA, the preparation of a
management plan by CLOCA and the implementation of the plan by CLOCA.
4. CLOSURE OF WAVERLY ROAD
4.1 Closure Areas
4.1.1 The Principles of Understanding outline four proposed closure areas of the road
allowance of Waverly Road (see Attachment #2). Only Proposed Closure Area A would
REPORT ADMIN -47-97 PAGE 15
be closed immediately. The other three potential closure areas would be considered by
future Councils.
Proposed
Closure Areas
To be
Conveyed to
Use
Consideration
A
Blue Circle
Quarry
$337,250
B
Blue Circle
Quarry
Part of above
C
CLOCA
Conservation Area
I Nominal
D
Blue Circle
Buffer Area
Blue Circle assuming costs of
repair and maintenance of the
bridge over the CN railway
4.1.2 Staff previously reported to Council on the closure of approximately 5 acres of Waverly
Road through Reports WD -51-97 (August 18, 1997), Admin -42-97 (September 29, 1997)
and WD -64-97 (October 6, 1997). The latter report noted that Blue Circle amended its
application for the immediate closure and conveyance from the lands advertised in the
Public Notice to include only the southerly portion, being Proposed Closure Area A.
4.1.3 The residents of the Cedar Crest Beach Road and Watson Drive areas now have access
to their properties only via Waverly Road. The acquisition of Cove Road, its dedication
as a public highway, and the construction of the proposed bridge to connect Cove Road
to Cedar Crest Beach Road would follow the closure and conveyance of the portions of
Waverly Road in question and the acquisition of necessary properties by the Municipality.
The Municipal Act prohibits the closing of a public highway which is the only access to
properties unless access by another public highway is provided.
In order to address these considerations in the first phase, staff have negotiated for and
Blue Circle has agreed to lease to the Municipality the portions of its present haul road
and an extension to intersect with Cedar Crest Beach Road as shown on Attachment #2.
The haul road and its extension would be leased for a nominal rent from Blue Circle as
a temporary public highway. There would be improvements made to the road by Blue
Circle prior to dedication as a public highway. In addition, the Municipality would install
appropriate signage to direct traffic on the temporary public highway. All of the costs
REPORT ADMIN -47-97
PAGE 16
associated with the improvements to the temporary public highway would be cost shared
on a 50/50 basis.
4.1.4 The residents of the Cedar Crest Beach Road and Watson Drive areas would utilize the
leased portion of the haul road and its extension for that period of time following the
transfer of Waverly Road to Blue Circle (estimated to be January 1998) until such time
as Cove Road and the proposed bridge are dedicated as public highway (which could
be as soon as late Fall 1998). Any delay in obtaining approvals under Federal legislation
or land acquisition could serve to delay construction from Spring 1998 to Spring 1999
or later, thus increasing the length of time requiring utilization of the leased haul road.
4.1.5 Report WD -64-97 (Attachment #5), tabled by Council on October 14, 1997, recommends
to Council that conditional on Council approval of an agreement with Blue Circle, staff
be authorized to prepare by-laws to stop up, close and convey portions of the road
allowance known as Waverly Road to Blue Circle and to assume and dedicate portions
of the Blue Circle haul road and its extensions as a temporary public highway. Report
WD -64-97 had recommended that an extension to the temporary public highway be
constructed on the east side of Waverly Road through the CBM/Blue Circle lands to the
Ontario Hydro right-of-way. It has been agreed with Blue Circle that this extension should
not be undertaken and accordingly will not be included in either the Lease or the
dedication by-law. It is recommended that Report WD -64-97 be lifted from the table
and received for information. This report deals comprehensively with all matters and
incorporates the recommendations in WD -64-97.
4.1.6 It is recommended that Council pass the necessary by-laws to close and convey
Proposed Closure Area A. The actual conveyance to Blue Circle will not take place until
the "Closing Date", which is defined by last of occur of a number of actions including the
acquisition of lands for constructing the Westside Bridge and the execution of the various
related agreements referred to in Section 8 of this report.
4.1.7 It is also recommended that Council pass a by-law to dedicate a Temporary Public
Highway, being a portion of the Blue Circle haul road and its extensions as defined
by Schedule F of the Principles of Understanding. The Director of Public Works will
REPORT ADMIN -47-97 PAGE 17
provide a verbal report at the meeting indicating whether the improvements to the haul
road have been made to his satisfaction to enable Council to pass the above by-law.
4.1.7 The second phase of the closure would occur subsequent to the construction of the
Westside Bridge, the improvements to Cove Road and its dedication as a public highway.
The Principles of Understanding indicate that it is Council's intention to proceed with
Closure Area B. However, for legal reasons this decision cannot be made at this time
and will be a matter to be determined by a future Council. Given this uncertainty Blue
Circle has required that, among other things, the conveyance of the Westside Marsh
(approximately 60 acres) be held in escrow on the condition of Council proceeding to
close and convey Proposed Closure Area B.
4.1.8 The second phase would also include the closure and conveyance of approximately 0.30
hectares (0.74 acres) to CLOCA for incorporation into the Westside Marsh management
area.
4.1.9 A third and final phase of road closure is possible. It was staff's position in the
negotiations that the remaining 0.47 hectares (1.16 acres) could be closed and conveyed
to Blue Circle for use as a open space buffer area in consideration for Blue Circle
assuming the maintenance costs,, appropriately secured, for the bridge over the CN
railway. However, there has been no agreement as to these terms. While the matter is
referenced in the Principles of Understanding, the arrangements will be dependent on
further discussions.
4.2 Appraisal and Surplus Land
4.2.1 Before Council may pass a by-law to authorize the conveyance of Proposed Closure Area
A to Blue Circle, Section 19.3 of the Municipal Act and the Municipality's by-law
establishing procedures on the sale of real property must be complied with. Section 19.3
requires Council to declare the land to be surplus, to obtain at least one appraisal of the
fair market value of the real property and to give notice to the public of the proposed
sale.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTOF
REPORT
4leeting: COUNCIL
Date: JANUARY 12, 1998
File #
Res.
Report #: ADMIN-02-9AIe #: By -Law #
Subject: APPLICATION FOR APPROVAL OF EXPROPRIATION OF LANDS NECESSARY TO
ESTABLISH COVE ROAD AS A PUBLIC HIGHWAY, TO CONSTRUCT AND USE THE
PROPOSED WESTSIDE CREEK BRIDGE AND APPROACHES AND TO ESTABLISH
THE BRIDGE AND APPROACHES AS A PUBLIC HIGHWAY
Recommendations:
It is respectfully recommended that Council approve the following:
1. THAT Report No. ADMIN -02-98 be received;
2. THAT Council hereby authorizes an application to be made to the Council of the
Corporation of the Municipality of Clarington as the approving authority under subsection
4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for the approval of the
expropriation of all interests in the lands more particularly described in paragraph 2.1, and
the rights-of-way described in paragraph 2.1 in Part 1 on Plan 40R-17895, for the purposes
of constructing and establish on the aforesaid lands a public highway including a bridge over
the Westside Creek and approaches to such bridge;
3. THAT Council hereby authorize staff to take all necessary actions to serve notice of its
application for approval to expropriate upon each owner of the lands to be expropriated and
to publish the aforesaid notice in accordance with subsection 6(1) of the Expropriations Act;
4. THAT Council pass the By-law contained in Attachment No. 2; and
5. THAT a copy of this report be sent to the persons listed in Attachment No. 3.
Attachments
Attachment No. 1 - Excerpt from Plan 40R-17895
Attachment No. 2 - By-law
Attachment No.,3 - Persons to be sent a copy of this Report
../2
Repo., Admin -02.98 Page 2
1.0 Backgrouad
1.1 At its Special Meeting on November 3,1997, Council approved the recommendations
contained in Report #Admin -47-97 and authorized the Mayor and Clerk on behalf
of the Municipality of Clarington to execute Principles of Understanding between the
Municipality and Blue Circle Canada Inc. ('Blue Circle") respecting the
implementation of the recommendations of the Waterfront Regeneration Trust on
the Westside Marsh. The Principles of Understanding were executed on November
3, 1997.
1.2 In order to implement the Trust's recommendations and the Principles of
Understanding the Municipality will have to acquire title to Cove Road which now
is a private road and is shown as Part 2 on Plan 40R-17895. Part 1 on Plan 4OR-
17895 which extends Cove Road to West Beach Road is owned by the Municipality
but it has not been dedicated as a public highway as yet. Parts 1 and 2 on Plan 40R-
17895 are subject to a number of rights-of-way vested in the owners of certain
properties in the Cove Road area which are identified in paragraph 2.1. The rights-
of-way in Parts 1 and 2 on Plan 4OR-17895 also need to be acquired by the
Municipality so that they can be terminated
1.3 Under the Principles of Understanding, Cove Road and Part 1 on Plan 4OR-17895
are intended to be reconstructed and dedicated as a public highway connecting to
West Beach Road which is a public highway. Also, land will have to be acquired for
approaches to and the construction of the proposed Westside Creek Bridge. The
Bridge will connect Cedar Crest Beach Road (now a public highway) via Cove Road
to West Beach Road. This will permit the termination of the lease to the
Municipality by Blue Circle of a temporary public highway which now parallels the
closed portion of the alignment of Waverly Road as provided for in the Principles of
Understanding.
1.4 Paragraph 6(a) of the Principles of Understanding states that without fettering
Council in the exercise of its legislative discretion, the parties intend that after
complying with all legal requirements the Municipality as soon as reasonable
practicable:
(i) will acquire title to the lands required for Cove Road and the Westside Creek
Bridge;
(ii) will reconstruct Cove Road and the approaches to it, and construct Westside
Creek Bridge and approaches to it in accordance with all legal requirements
Report Admin -02.98
Page 3
and the Cove Road and the Westside Creek Bridge Plans and Specifications;
and
(iii) forthwith after the Municipality's Director of Public Works gives Blue Circle
written notice that Cove Road and the Westside Creek Bridge and the
approaches to them have been reconstructed or constructed to his satisfaction,
they will be dedicated by by-law passed pursuant to the Municipal Act as a
public highway and the obligation to keep Cove Road, the Westside Creek
Bridge and approaches to them in repair and maintained will be assumed by
the Municipality pursuant to the Municipal Act.
1.5 Any significant delay in acquiring Cove Road, the rights-of-way in Part 1 on Plan
40R-17895 and the lands required for Westside Creek Bridge and its approaches to
it, could adversely affect the implementation of the Principles of Understanding and
consequently, the preservation of a significant portion of the Westside Creek Marsh
which is to be transferred to Central Lake Ontario Conservation Authority or as
otherwise directed by the Municipality.
1.6 The lands and rights-of-way which need to be acquired by the Municipality are set
out in paragraph 11.
2.0 LANDS AND MMRESTS THAT NEED TO BE ACQUIRED
2.1 The lands and rights-of-way described below need to be acquired by the Municipality
for the purposes of constructing the proposed West Side Creek Bridge and related
approaches, reconstruction Cove Road and ultimately dedicating the bridge,
approaches and Cove Road as a public highway.
PART ON PLAN
40R-17895
2
LOT OR BLOCK AND PLAN
Part Block 'D', Plan 198
Part Lot 10, Plan 198
6 Part Lot 11, Plan 198
Pan Lot 12, Plan 198
Report Admin -02-98
8
10
11
12
Part Lot 13, Plan 198
Part Lot 12, BFC Darlington
Part Block T, Plan 318
Part Block T, Plan 318
RIGHTS-OF-WAY
The Rights -of -Way in Parts 1 and 2 on Plan 40R-17895 that are in favour of the
owners from time to time of Lots 1 to 49, Blocks A to M and the Beach, Plan 198;
Lots 1 to 8 and 11 and Blocks B and C, Plan 106; Lots 13, 44 and 45 and Block P,
Plan 171 and Part of unsubdivided Lot 11, B.F.C. Darlington.
2.2 In addition to the properties referred to in paragraph 2.1, Parts 9 and 13 on Plan
40R-17895 are needed for the construction and ultimate dedication of the bridge and
related approaches. Parts 9 and 13 are owned or controlled by Blue Circle which has
agreed to transfer them to the Municipality for a nominal consideration. Accordingly,
they do not need to be expropriated by the Municipality.
3.0 CONCLUSIONS
3.1 Council hereby authorizes an application to be made to the Council of The
Corporation of the Municipality of Clarington as the approving authority under
subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.F-26, as amended, for the
approval of the expropriation of all interests in the lands more particularly described
in paragraph 2.1, and the rights-of-way described in paragraph 2.1 in Part 1 on Plan
40R-17895 for the purposes of constructing and establishing on the aforesaid lands
a public highway including a bridge over the Westside Creek and approaches to such
bridge.
3.2 Council hereby authorize staff to take all necessary actions to serve notice of its
application for approval to expropriate upon each owner of the lands to be
expropriated and to publish the aforesaid notice in accordance with subsection 6(1)
of the Expropriations Act.
3.3 The Council is the approving authority authorizing in the case of expropriation for
a municipal purpose. Section 6 of the Expropriations Act permits any owner of land
in respect of a notice of intention to expropriate is given to notify the Municipality
that a hearing is required. If notice is given, an inquiry officer will be appointed by
the Attorney General to hold a hearing as to whether the proposed expropriation is
Repmt Admin -02-98 Page 5
fair, sound and reasonably necessary in the achievement of the objectives of the
expropriating authority. If following consideration of the inquiry officer's report the
expropriation is approved by Council as the approving authority, and the
expropriation takes place, the owners' rights will be converted from ownership of
interests in the lands in question to a right to be paid fair market value compensation
for their interests. If compensation cannot be agreed to, it will be determined by the
Ontario Municipal Board.
Respectfully submitted Reviewed by
A W.H. Stockwell
Chief Administrative Officer
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:ATTACMENT N0. =
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BYLAW NUMBER 98-14
being a By-law to authorize an application to be
made to Council as the approving authority under
the Expropriations Act, R.S.O. 1990, c.E.26 for
the approval of the expropriation of certain lands
which comprise Cove Road, the lands required
for the construction and use of the Westside
Creek Bridge and approaches, and certain rights-
of-way in Part 1 on Plan 408.17895
WHEREAS at its meeting on January 12,1998, Council approved Report Admin -02-98 which
recommended the enactment of this By-law,
NOW THEREFORE THE COUNCH, OF TSE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
1. THAT Council hereby authorizes an application to be made to the Council of The
Corporation of the Municipality of Clarington as the approving authority under
subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for the
approval of the expropriation of all interests in the lands more particularly described
in Schedule' 1" attached to and forming part of this Bylaw and the rights-of-way in
the land described as Part 1 on Plan 4011-17895, for the purposes of constructing and
establishing on the aforesaid lands a public highway including a bridge over the
Westside Creek and approaches to such bridge.
2. THAT Council hereby authorize staff to take all necessary actions to serve notice of
its application for approval to expropriate upon each owner of the lands to be
expropriated and to publish the aforesaid notice in accordance with subsection 6(1)
of the Expropriations Act
BY-LAW read a first and second time this 12th day of January, 1998.
BY-LAW read a third time and finally passed this 12th day of January, 1998.
Diane Hamrc - Mayor
atu 13ame - Uerk
ATTACHMENT 3
OWNER
1. Orchardscove Holdings Limited
2. Elizabeth Marsden Barrick
3. John Edmund Barrick
4. Gordon Alexander White
5. Gordon Alexander White & Marion Halloway Richardson
6. Gordon Alexander White
7. Mary Lynne Dennis & William James Ammons
8. Marion Faryna
9. The owners of Lots 1 to 49 and Blocks A to M, Plan 198; Lots 1 to 8 and 11 and Blocks B
and C, Plan 106; Lots 13, 44 and 45 -and Block P, Plan 171; and Part of unsubdivided Lot
11, B.F.C. Darlington
SCHEDULE "1"
PART ON PLAN
LOT OR BLOCK AND PIAN
40R-17895
2
Part Block D', Plan 198
5
Part Lot 10, Plan 198
6
Part Lot 11, Plan 198
7
Part Lot 12, Plan 198
8
Part Lot 13, Plan 198
10
Part Lot 12, BFC Darlington
11
Part Biock'I', Plan 318
12
Part Block'I', Plan 318
RIGHTS-OF-WAY
The Rights -of -Way in Para 1 and 2 on Plan 40R-17895 that are in favour of the owners
from time to time of lots 1 to 49, Blocks A to M and the Beach, Plan 198; Lots 1 to 8 and
11 and Blocks B and C, Plan 106; Lots 13, 44 and 45 and Block P, Plan 171 and Pan of
unsubdivided Lot 11, B.F.C. Darlington,
DN: ADDPD20
UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting:
Date:
Addendum Report
Subject:
Recommendations
REPORT
Council
Monday, March 8, 1999
PD -20-99 FILE #:
File #
Res. #
By-law #
ONTARIO 2000 — MAIN STREET ONTARIO FUNDING PROGRAM
It is respectfully recommended to Council the following:
1. THAT Report PD -20-99 and Addendum to Report PD -20-99 be received;
2. THAT Council select an option for the distribution of funding from the Ontario
2000 - Main Street Funding Program;
3. THAT the respective organizations be requested to notify the Municipality by May
V, 1999 of any proposals that would qualify under Main Street Ontario Program;
4. THAT in the event that any community does not wish to participate or utilize the
full extent of the funds available to them, that said funds be made available to the
remaining groups;
5. THAT Valleys 2000 and all the BIA's be sent a copy of this report and notified of
Council's decision on the matter.
BACKGROUND:
At the meeting of February 22, 1998, Council referred Report PD -20-99 back to staff
for reconsideration. The concerns raised were:
• Are the funds distributed equitably if Valleys 2000 was given a grant off the top?
In other words, was Bowmanville getting more funding because the Valleys
2000 project was segregated?
ADDENDUM REPORT NO.: PD -20-99
PAGE 2
• Why should the matching funding for Courtice be provided from the
Municipality when in the other communities, various organizations were being
asked to raise the matching funding?
Staff's original suggestion was that Valleys 2000 be given $10,000 separate from
the distribution of the balance of the funds. In that sense, Bowmanville was getting
proportionately more funding. The balance was distributed generally
proportionately. However, adjustments were made as follows:
• Bowmanville BIA would receive a slightly lower amount in recognition of the
funding going to the Valleys 2000 project;
• Courtice have a smaller project in recognition that there is no BIA and that any
project would be tax -supported;
• Orono BIA would receive a higher amount to provide for a minimum $5,000
project.
2. Members of Council indicated that the funding "formula" should be equitable and
applicable to all communities. To address these concerns, three (3) options are
proposed for Council's consideration.
Option 1
Community funded - Proportionately split (Population)
This option would require that community groups provide the 50% funding in all
urban areas. In Orono and Newcastle Village, the funds would be made available
to the BIA's only. In Bowmanville and Courtice, the funds would be made available
to other community groups. This is in part because Valleys 2000 has a well-
developed project which was "heartily endorsed" by Council on December 7,
1998. It is also in recognition that there is no BIA in Courtice. Staff would suggest
ADDENDUM REPORT NO.: PD -20-99
PAGE 3
that it be sent to various groups in Courtice including the Courtice Area Ratepayers
Association, Courtice Lions Club, Courtice Youth Centre, Friends of Second Marsh,
Friends of the Farewell, etc. The project could be more oriented to valley
rehabilitation, millennial gardens, etc. Under this option, the funds would be spit
was follows:
Community
----Village
Bowmanville
Courtice
Newcastle
Orono
Total
1999
Population
25,800
17,100
7,400
1,950
52,250
Percentage
49.4%
32.7 %
14.2 %
3.7%
10000
Funding
$17,784
$11,772
$5,112
$1332
$36,000
If this option is chosen, it is recommended that Council determine the distribution
of the allocated $17,784 for Bowmanville between the Bowmanville BIA and
Valleys 2000. It should also be noted that the full amount of the Courtice funding
would not likely be fully utilized given the resources of the community groups.
Therefore, if necessary, any balance would be distributed to the remaining groups.
Option 2
Municipal funded - Proportionately split (Population)
This option follows the same formula as Option 1 but requires that the Municipality
match the funds for the selected projects. In consultation with the Treasurer, it was
determined that these funds could be made available from the Impact Escrow
Reserve Fund. However, if Council were to make available $36,000 out of this
fund, it would be more appropriate for a Municipal project.
Option 3
Community funded - Valleys 2000 with balance proportionately split to BIAS
(No Courtice project)
ADDENDUM REPORT NO.: PD -20-99
PAGE 4
This option would recognize that Valleys 2000 received an early endorsement by
Council and made a request for using this funding available to the Municipality. It
also recognizes that Council forwarded information on the Ontario 2000 -Main
Street Funding only to the three BIA's by resolution on January 25, 1999.
Consequently, the distribution would be limited to the four groups identified by
Council up to January 25'h, 1999. Option 3A proposes a $10,000. contribution to
Valleys 2000. Option 3B allows Council to select another amount.
Community
Valleys 2000
Bowmanville
Newcastle
Village
Orono
Total
3A
1999
Population
25,800
7,400
1,950
35,150
Percentage
73.4%
21.1 %
5.5 %
100%
Funding
$10,000
$19,084
$5,486
$1430
$36,000
3B
Percentage
73.4%
21.1%
5.5%
100%
Funding
*
$36,000
io oe aerermmeo uy t,ounai
3. Given time taken for the referral back to staff, it is recommended that the groups be
given an additional month to complete their application. Accordingly, it is
recommended that the groups be requested to submit their proposals by May I",
1999.
Respectfully submitted,
AidCromMeM.C.I.P., R.P.P.
Acting Director of Planning & Development
DC*jip
February 24, 1999
Reviewed by,
dt a.,,�
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
ADDENDUM REPORT NO.: PD -20-99
Interested parties to be notified of Council and Committee's decision:
Bowmanville Business Centre
c/o Ron Hooper
P.O. Box 365
BOWMANVILLE, Ontario
LIC 31-5
Orono BIA
C/o Dan Banting
5331 Main Street
Box 249
ORONO, Ontario
LOB 1 MO
Newcastle BIA
c/o Ron Hope
20 King Street West
Unit #10
NEWCASTLE, Ontario
L1B 1H7
Rev. Frank Lockhart
Valleys 2000
P.O. Box 364
BOWMANVILLE, Ontario
L1C 31-1
PAGE 5
UN. VU20-99
Meeting:
Date:
Report #:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
Monday, February 15, 1999
PD -20-99 FILE #:
File #
Res. #
By-law #
Subject: ONTARIO 2000 — MAIN STREET ONTARIO FUNDING PROGRAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD -20-99 be received;
2. THAT the recommended allocation of the Main Street Ontario Funds be approved;
3. THAT a copy of this report be forwarded to Valley 2000, Bowmanville Business
Centre, Newcastle Village BIA, Orono BIA and that they be requested to notify the
Municipality by April 1, 1999 of any proposals that would qualify under Main Street
Ontario Program;
4. THAT in the event that any BIA does not wish to participate, that its share be split
proportionately with the other BIA's and Valleys 2000 or as otherwise agreed to by
the remaining parties; and
5. THAT Valleys 2000 and all the BIA's be sent a copy of this report and notified of
Council's decision on the matter.
1. BACKGROUND
1.1 On January 1, 1999 the Honourable Isabel Bassett, Minister of Citizenship, Culture
and Recreation launched Ontario 2000, Ontario's program to celebrate the
millennium. The government will invest 20 million dollars in community based
projects that supports conserving our heritage and environment, engages Ontario's
youth and focuses on the province's past and future.
REPORT NO.: PD -20-99
PAGE 2
1.2 One initiative under Ontario 2000 program is Main Street Ontario. Municipalities,
First Nations, and local service boards are eligible to submit applications for funding
for community oriented millennium activities between January 1 and December 31,
2000. Funding is based on matching funds of up to 50 cents per resident.
Millennium Projects must fall under one or more of the following themes;
Homecoming — Tourism and other community initiatives designed to attract visitors
to Ontario and encourage Ontarians to explore their province in the millennium
year
Beautify Ontario - Projects such as beautification of communities;
millennium gardens; rivers, creek and lake improvements; historical restorations;
projects to improve accessibility for people with disabilities, and other initiatives
that will improve the places where we live.
Land of Opportunity - Ontario's accomplishments provide opportunities to
showcase our rich past, vibrant present and bright and confident future.
We are Ontario- local heritage programs, projects and initiatives, and cultural shows
and festivals designed to highlight all that is Ontario.
Deadline for applications is March 31, 2000.
2. CLARINGTON PROJECTS
2.1 There are few projects that have been initiated to celebrate the Millennium,
however more will likely be starting up as we move closer to the year 2000.
Valleys 2000 is a project sponsored largely by the Bowmanville Lions Club, the
Bowmanville Rotary Club, the Healthy Communities Committee and other
community members. The project includes a trail system and other features that
would enhance the Bowmanville Creek Valley from downtown Bowmanville to the
Waterfront.
REPORT NO.: PD -20-99
PAGE 3
The project will be funded through various Millennium funding programs as well as
from fund raising efforts.
The Bowmanville Business Centre has expressed an interest in enhancing the main
street of Bowmanville to celebrate the Millennium.
At the January 25, 1999 Council Meeting, Council passed a resolution that a copy of
the Ontario 2000 — Main Street Ontario application and criteria be distributed to all
Business Improvements Areas in Clarington and Valleys 2000, to advise them of
available funding. On February 8`h, 1999 Council received correspondence from
the Ministry of Citizenship, Culture and Recreation advising Council of the Main
Street Ontario funding initiative. The correspondence was referred to Staff.
2.2 The Main Street Ontario program allocated 50 cents per resident per municipality:
According to the most recent information, Clarington's population is approximately
72,000, therefore the Municipality is eligible for $36,000. All projects are based on
50% matching funds.
Assuming that all of those circulated express an interest in the funding, Staff
propose the following distribution of the $36,000.00.
Bowmanville BIA
$12,000
Newcastle Village BIA
$ 5,000
Orono BIA
$ 2,500
Courtice Project
$ 6,500
Valleys 2000
$10,000
TOTAL:
$36,000.00
REPORT NO.: PD -20-99 PAGE 4
2.3 The Municipality is required to make the application on behalf of all local
organizations. In order to complete the application, the Municipality will require
the BIA's and Valleys 2000 to submit:
a) a detailed description of a proposed project including a cost estimate, and
describe how it meets Main Street Ontario funding criteria;
b) a commitment to provide a minimum of 50% funding for the project; and
c) a commitment that the terms and conditions in the Main Street Ontario
application form will be honoured.
In order to deal with applications in a timely fashion, the proposals are to be
submitted to the Municipality of Clarington, no later than April 1, 1999.
2.4 Valleys 2000 and Bowmanville BIA have already expressed an interest in the Main
Street Ontario funds. If any BIA does not wish to participate, those funds proposed
should be reallocated proportionately or as agreed upon between the remaining
parties.
2.5 In order to evenly distribute the funds throughout the Municipality, Staff have
included a Courtice project. The project would be municipally funded sfreetscape
improvements either at Highway 2 and Townline Road or Highway 2 and Courtice
Road. The project would be determined by Planning and Public Works and the
funds incorporated in the 1999 Capital Budget. Staff will report back to Council
once a concept has been completed.
3. CONCLUSIONS
3.1 The Main Street Ontario funding program will provide some assistance for Valleys
2000 and the Business Improvement areas who are contemplating a project to
celebrate the Millennium. Staff will report back to Committee upon receipt of the
proposed projects from Valleys 2000 and the BIA's.
REPORT NO.: PD -20-99
Respectfully submitted,
/Z 7�
Dav . Crome, Fv C.I.P., R.P.P.
Acting Director of Planning & Development
CS*DC*df
5 February 1999
PAGE 5
Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
Interested parties to be notified of Council and Committee's decision:
Bowmanville Business Centre
cJo Ron Hooper
P.O. Box 365
BOWMANVILLE, Ontario
L1C 31-5
Orono BIA
do Dan Banting
5331 Main Street
Box 249
ORONO, Ontario
LOB 1 MO
Newcastle BIA
c/o Ron Hope
20 King Street West
Unit #10
NEWCASTLE, Ontario
116 1H7
Rev. Frank Lockhart
Valleys 2000
P.O. Box 364
BOWMANVILLE, Ontario
LIC 311
6 ? 0
SUMMARY OF BY-LAWS
MARCH 8, 1999
BY-LAWS
99-28 being a by-law to authorize a lease agreement between the Corporation of the
Municipality of Clarington and the Clarington Older Adult Association Inc., in respect of
a lease for the premises situated at 26 Beech Avenue, Bowmanville (Item #6 of Report
#1);
99-29 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the
Corporation of the former Town of Newcastle (Sandford Acres (1987) Ltd.) (Item #3 of
Report #1);
99-30 being a by-law to authorize the Mayor and Clerk to execute a Certificate of Approval as
the approving authority as required by subsection 8(3) of the Expropriations Act (Report
#5) (To be distributed under separate cover); and
99-31 being a by-law to authorize the Mayor and Clerk to execute a plan of the land the
expropriation of which has been approved for registration in the proper land registry
office pursuant to subsection 9(1) of the Expropriations Act (Report #5) (To be
distributed under separate cover).
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
To: MAYOR D. HAMRE AND MEMBERS OF COUNCIL
From: PATTI L. BARRIE, A.M.C.T., MUNICIPAL CLERK
Date: MARCH 8, 1999
Subject: HANDOUT - COUNCIL MEETING OF MARCH 8, 1999
Please include the attached as a handout for tonight's Council meeting:
I - 25 News Release from Gord Geissberger, The Central Lake Ontario
Conservation Authority dated March 3, 1999, advising of their 24th
Annual Maple Syrup Festival to be held at the Purple Woods
Conservation Area, Saturday, March 13 to Sunday, March 21, 1999.
(Receive for Information)
PLB / ms
Attachment
cc: F. WU, Chief Administrative Officer
Department Heads
3/3/99 9.34;24 Page 2 of
I — 25
45jor Cer/"�ra' News Release
w71W
Conservation Ontario, LIH 3T3, (90j) j'9-0-!11, Ins l9pjl j-9-099-1
Release Date: March 3, 1999
24" Annual Maple Syrup Festival
Purple Woods Conservation Area
Sat. March 13 to Sun. March 21
Fun For All During March Break
With the approach of Spring a person may be sure of several things; birds will be singing and
pancakes will be flipping at Purple Woods Conservation Area. The Central Lake Ontario
Conservation Authority will be hosting the 24th annual Maple Syrup Festival at Purple Woods
Conservation Area from March 13 to 21. Fun for the whole family the Syrup Festival will be open
daily from 9:30 am - 3:00 pm. General Admission: $2.00/ adult; $1.00/ seniors, children (12 &
under); $5.00/ family.
Walking through the sugarbush visitors will see the pipeline used to collect the maple sap and
discover how maple syrup was made more than 400 years ago using hot rocks to modern
methods of today. Festival staff will host interactive displays along the trail and in the Sugar
Shack to describe the various stages of making maple syrup. Horse-drawn wagon rides will be
operating by the Sugar Shack from 10:00 am - 2:30 pm and a visit would not be complete without
enjoying a stack of hot delicious pancakes covered in 100% pure maple syrup. The public is
asked to help reduce garbage by bringing their own reusable plates and utensils. Paper plates
and utensils will be available. Please note that general admission does not include pancakes or
wagon rides. Maple syrup and maple products will also be available for sale at the Sugar Store
located beside the Sugar Shack.
As an added attraction, various artists will be hosting a display/demonstration at the building
beside the parking lot on March 13,14,20,21. If you have ever had any questions
woodcarving or drawing, this will be the place to find the answers. concerning
During the festival transportation will be available upon request for seniors and the physically
challenged to eliminate the walk up the hill from the Sugar Shack to the main parking lot. Please
inform Authority staff if you require this service.
For more Maple Syrup Festival information the public may contact the Authority office at (905)
579-0411 or visit our website at wwwwww speedlin� On weekends, ext. 20 will contain a
recorded message for current festival information.
Directions: Purple Woods Conservation Area is located north of Oshawa at the southeast corner
Of Simcoe Street and Coates Road (10" Concession Rd.)
What vve do on the land is mirrored in the mater