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HomeMy WebLinkAbout03/08/199911 ra MUNICIPALITY OF -ii- 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 DH/ms Attachments r Is M,WAr �� .or >ax aaoc ® areao x ATTACHMENT #1 Now Parkland L G c a Asea �laiea+•a:� a■De 0 LAKE ONTARIO ROAD & CROSSING OPTIONS - d 4 a a �0s•� LEGEND e uramwmmrml ROAD Alm/OR CROSSWO .e e 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. ATTACHMENT 93 € Vir a w SLC) Ni34L36 3JNYM07H U6gY r If S i530N00 1NOH1 �I N3NONB rig.' II q5e ru r a BLOCKMn 3 , ,- '— j�^ z B� .. BLOCK ATTACHMENT 93 € Vir a w SLC) Ni34L36 3JNYM07H U6gY r If _ i530N00 1NOH1 �I N3NONB BLOCKMn N Y ,- '— O B� .. BLOCK rn.rr10, �- i �maf f 101 a E �9 10l o 0s—Q_10, r z 101 O IIS eJ�2 e �' ul•'_jI 0 Z Y1 ~•yin - in_TLI: ,V _. L..-._.101 L 0LC, 1101 i i 'w' . leve•,••• NJOlB a u o � l I � lol— ��. Z • O _11...O+� O.c., O 0 cc iol iol wm a it:•"een w>—ui 1rabv e y y :' m it - - } .. _ vPfti Y � 9 vc !. '. 4tr ' CLOCK r� - ".. � BtCOK f a 1P w wv � cM1 m ^e 'tri 74� BLVCK _I _� OL 101 ,� i'" -S 101 . r�T}r–.—_-101 __ FBI_ 101 rF G s 101x Z n „B•I, _lol - I••! a 101 mt 1 A ,N, NOOl81 i�G_ IDl �t 6 _ 101 F rn v illi I 91 t101; I e � al X101 . F` FFFF I Sl 8101 Jojj Ol iol z y I 3. ;'� _ Hyl •�� -/'� / / 6 Y I_9 —— — —_ -- I 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 86-ZO-NI11Qd 'oN jzodag oa I -ON .INaKRodSZd a I Iii„- � •,� I /// c9 1 t kA k 0 =r /•- owa A WT • �<_xb�✓� 'r � !'IDT i4 ? Rlm�ie� g I I ` aIyytm •\ o �4 2 ini 1Y, �(,' BLOCKI °.tee of ie' g1,N I I ,wp 1w i 6 It 1Di am � 1:•m MDD'la �'N�iO �' . 11r w � � � a � _ ! LOT n L -�—_- 9 _— .0 31 6F � � LOT o 1r zk� f --p♦ a�' o BLOCK _ •m.a .til •� . E6p LOT___ � r l5 t 5 11 2 II � 1 mr-'- - a a 5 S 5 I L �I aiLOT Lor_.raw;• _ -eine WT- 11 8q m . 4' fPONr CDHC6S Vizors—a---- ii E ?93i3333I33333 ; 3§€ ;;'�'" � F'� �2���•�&� � III,; i ,q � °��� Y]rl..�.aer ' ri ¢ ' 11��� 331 Si Z � •'1 ��� AE y}iyp Y3Y �PLL�����; E • 11 1• 6C 3iC�$i!I�...oA ' !�I �I }ni �+j'Ji�� %t Ras 86-ZO-NI11Qd 'oN jzodag oa I -ON .INaKRodSZd :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