HomeMy WebLinkAbout02/12/2007
DATE: MONDAY, FEBRUARY 12, 2007
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held January 29, 2007
PRESENTATIONS
a) Brian Lemon, CEO, and Marion Saunders, Chair, Board of Trustees,
Lakeridge Health
b) Doug Allingham, President, Totten Sims Hubicki Associates - 407 East
Environmental Assessment
DELEGATIONS
a) Tom Herd - Intersection of Edward Street and Rudell Road, Newcastle, Requested
All-Way Stop (Item 9 of Report #1)
b) Richard Ward - (Item 1 b of Report #1) - GPA Committee's Decision to Receive for
Information Delegation on Campaign Contributions and Coug's Development
c) Bob Annaert, D. G. Biddle & Associates - Rezoning to Permit Increased Residential
Lot Coverage and Rear Deck Projections (Halminen Homes) (Item 2 of Report #1)
d) Libby Racansky - Council Involvement and Commitment
e) Stephen Oelkers - Confidential Report CLD-005-07
Council Agenda
-2-
February 12, 2007
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
January 16, 2007
I - 2 Minutes of the Tyrone Community Centre Executive Board dated
January 25, 2007
I - 3 Gloria Kovach, President, Federation of Canadian Municipalities (FCM) -
The Green Municipal Fund (GMF)
I - 4 Sandra Krane, City Clerk, City of Oshawa - Method of Election of the
Regional Chair
I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham -
Pedestrian Signal Timings at King Street at Simpson Avenue and at the
Bowmanville Mall Entrance
I - 6 Wayne Wilson, Conservation Authorities Moraine Coalition (CAMC) -
Accomplishments 2006 Brochure
I - 7 Rachele Dabraio, Director, Citizenship Division, Ontario Honours and
Awards Secretariat - The Order of Ontario
Receive for Direction
D - 1 Donna Donaldson, Executive Officer, Durham Region Home Builders'
Association - "New Homes Month"
D - 2 Tony Van Bynen, Mayor, Town of Newmarket - Use of Fluorescent
Yellow Green School Signs
D - 3 Mary Kirkham, Clerk, Township of Lanark Highlands - ATV Use on
Public Highways
D - 4 Hazel Soady-Easton, Deputy Clerk, Town of Minto - Royal Canadian
Legions Exemption from Education Portion of Property Taxes
D - 5 Hazel Soady-Easton, Deputy Clerk, Town of Minto - Reimbursement of
COMRIF Intake Fees
Council Agenda
- 3-
February 12, 2007
D - 6 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town of
Ajax - Bill 172, the Municipal Amendment Act (Direct Election of
Durham Regional Council Chair)
D - 7 The Corporation of the Municipality of Arran-Elderslie - Wind Energy
Systems
MOTION
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of February 5, 2007
2. Confidential Report CLD-005-07 regarding a Personal Matter
UNFINISHED BUSINESS
1. Report PSD-019-07 - Rezoning to Permit an Addition to a Place of Worship
Applicant: Hope Fellowship Christian Reformed Church
BY-LAWS
OTHER BUSINESS
1. Council Board and Committee Appointments
BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
CIDLiIJglon
Council Meeting Minutes
JANUARY 29, 2007
Minutes of a regular meeting of Council held on January 29, 2007, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
CouncillorW. Woo
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of FinancefTreasurer, N. Taylor
Fire Chief, G. Weir
Administrative Assistant to the Clerk, C. Fleming, attended until 7:38 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be stating a pecuniary interest with respect
to the application to permit a temporary parking lot by Gerr Holdings Limited - Item 2
of Report #1 - PSD-008-07.
MINUTES
Resolution #C-036-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the minutes of a regular meeting of Council held on January 15, 2007, be
approved.
"CARRIED"
Council Meeting Minutes
- 2 -
January 29, 2007
DELEGATIONS
Resolution #C-037-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Keith Isnor, Jesse Parsons and Vic Suppan be added to the list of delegations.
"CARRIED"
Resolution #C-038-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the delegation of John Brinston and Confidential Report CLD-003-07 be
referred to the end of the agenda to be considered during the "closed" session of
Council.
"CARRIED"
Keith Isnor, Chair, Clarington Museums and Archives Board, addressed Council
concerning Report COD-002-08 - Museum Governing By-law Update (Item 15 of
Report #1). Mr. Isnor stated during the past three years, the museum has enjoyed
much success - memberships have doubled, new exhibits have been attracted, and a
new building has been opened without budget or funding increases. He questioned
the rationale for the update to the by-law, noting the proposed changes will redefine
the operational and governance structure of the museum and will have numerous
negative impacts. Mr. Isnor advised if the recommendations are approved, the
museum will be ineligible for certain grants, donations and provincial funding. He
stated the Board has attempted to work with staff and was surprised the report came
forward without their input. Mr. Isnor urged Council to defeat the staff
recommendations and to continue with the existing by-law and practice.
In response to questions concerning funding, Keith Isnor confirmed the by-law
structure determines eligibility for funding and any changes could affect Provincial
grants.
Jesse Parsons addressed Council advising the first annual Clarington Music & Arts
Festival (CAM Fest), will be held at the Clarington Visual Arts Centre in August 2007.
He stated the festival will provide opportunities for artists and musicians to showcase
their talents through group workshops, seminars and displays. Jesse Parsons stated
the organization has been incorporated as a not-for-profit organization and is forming
a fundraising committee to explore the possibility of CAM Fest obtaining charitable
status. Jesse Parsons extended an invitation to all to attend the Music & Arts Love-In
at the Newcastle Town Hall on February 2,2007, the first of such events leading up to
CAM Fest. The event will feature great music, art and food.
Council Meeting Minutes
- 3 -
. January 29, 2007
In response to questions, Jesse Parsons confirmed that CAM Fest will appeal to
artists and musicians of many different mediums and age groups and that several
events will be held throughout the year leading up to the main event providing
opportunities for networking and interaction with artists of all ages.
Vic Suppan addressed Council as both a private citizen and Chair of the Municipal
Heritage Committee in support of the recommendations contained in Item 17 of
Report #1 concerning the Walbridge House. He stated he was confident the
Conservation Review Board would be fully supportive of Council's decision; however,
the Board is not a binding appeal tribunal and will provide comment and
recommendations only back to Council. Vic Suppan stated the development
community is fully aware of the importance of heritage features and he feels the owner
should incorporate the Walbridge House into the subdivision to protect the heritage
factor.
COMMUNICATIONS
Resolution #C-039-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved as per the
agenda, with the exception of Items 1-2, 1-5 and 1-6.
I - 1
A01.NE
1- 3
A01CE
1-4
M02.GE
1-7
M02.GE
"CARRIED"
Minutes of the Newcastle Community Hall Board dated October 24,
2006.
Gord Geissberger, Coordinator, Community Outreach, Central Lake
Ontario Conservation Authority, advising of the election of Councillor
Gerry Emm of the Town of Whitby to the position of Chair of the
Central Lake Ontario Conservation Authority.
Terryl Tzikas,Secretary, Bowmanville Santa Claus Parade
Committee thanking Council and staff for their continued support and
use of the Old Fire Hall for the annual Santa Claus Parade.
Jeanne McFarland and Donna Metcalf-Woo, Clarington Polar Bear
Swim Organizers, expressing appreciation to Council and Clarington
Emergency and Fire Services for supporting the 5th Annual
Claringtoll Polar Bear Swim held January 1, 2007, and advising the
event raised approximately $4,000 for the Canadian Liver
Foundation pediatric liver disease research.
Council Meeting Minutes
1-2
F11.GE
-4-
January 29, 2007
Terri Gray, Director of Community Development and Innovations,
Community Living Oshawa/Clarington, providing information with
respect to changes with Dewey's Cafe. The enterprise is in jeopardy
and, due to financial issues and constraints facing Dewey's Cafe, it is
necessary for Dewey's to reduce its training enterprise hours of
operation to 9:00 a.m. to 5:00 p.m., Monday to Friday as of
February 5, 2007.
Resolution #C-040-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item 1-2 from Terry Gray, Community Living
Oshawa/Clarington be received for information.
1-5
E06.EN
"CARRIED"
Phil Mannell, Enbridge Gas Distribution, providing information on the
Winter Warmth Fund, a joint venture of the United Way and Enbridge
Gas Distribution designed to help low-income families and
individuals who may be struggling to pay their natural gas bill and
forwarding posters and brochures for information on referring
constituents in need to the agencies administering the fund.
Resolution #C-041-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item 1-5 from Phil Mannell, Enbridge Gas Distribution be
received for information.
1-6
P17.GE
"CARRIED"
George S. Graham, Clerk-Administrator, Township of Brock, advising
the Township of Brock is requesting the Provincial Government to
assume court security costs currently borne by the Durham Regional
Police Services in an effort to provide Durham Regional Police
Services with funds to better serve Regional taxpayers.
Council Meeting Minutes
Resolution #C-042-07
- 5 -
January 29, 2007
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item 1-6 from the Township of Brock concerning court security
costs be received; and
THAT the position of the Township of Brock be endorsed.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-043-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda, with the exception of
Item D - 4.
D - 1
M02.GE
D - 2
C12.NE
"CARRIED"
Debbie Hunter, Office Administrator, MS Society, Durham Regional
Chapter, Multiple Sclerosis Society of Canada, advising May is "MS
Carnation Month" across Canada and requesting approval for tag
days to permit the MS Society to sell carnations on Friday, May 11
and Saturday, May 12, 2007, in support of on-going research and
assistance for persons with multiple sclerosis and their families.
(Proclaimed and permission granted
to sell carnations on May 11 and
May 12, 2007)
Mary Wilson, SecretarylTreasurer, Newcastle Village Business
Improvement Association, forwarding nominations for the Newcastle
Village Business Improvement Association Board of Management for
Council's consideration and approval as follows:
Valentine Lovekin
Karen Bastas
Mary Wilson
Dwight Hickson
Tenzin Gyalstan
Joan Kimbel
Anthony Turnbull
Chairman
Vice Chair
SecretarylT reasu rer
Director
Director
Director
Director
(Approved and appropriate by-law be
passed)
Council Meeting Minutes
D-3
C12.DU
D-4
C10.GE
- 6-
January 29, 2007
Lori Riviere, Project Planner, Planning Staff Liaison to the Durham
Environmental Advisory Committee, Region of Durham, forwarding
information on the Durham Environmental Advisory Committee
(DEAC) Environmental Achievement Awards, a program established
to recognize individual and collective efforts to promote, preserve
and enhance Durham's natural environment; enclosing a nomination
form for the 2007 program; and, advising nominations must be
received by the Durham Region Planning Department by March 2,
2007.
(Correspondence referred to the
Director of Planning Services)
The Corporation of the Town of New Tecumseth advising Council
that the Town of New Tecumseth at a meeting held December 18,
2006, passed the following resolution:
''Whereas in 1999 Edward K, Banting entrusted the Ontario Historical
Society with the 100 acre Banting family homestead through a
bequest in his last will and testament;
And Whereas during the period of time that the Ontario Historical
Society has owned the Banting homestead the condition of the
buildings has deteriorated and the property has not been used in a
manner that is consistent with honouring the work of Sir Frederick
Banting;
And Whereas the Town of New Tecumseth believes that the lands as
well as the buildings have an important historical and heritage
connection to Sir Frederick Banting and his achievements;
And Whereas the Town has attempted over many years to facilitate
in good faith the transfer of the lands to a not-for-profit organization
that would ensure that the buildings are repaired and the lands and
buildings are used to properly commemorate the importance of the
Banting legacy to not only the community in which it is located but
also to the world;
And Whereas the Ontario Historical Society has agreed to sell the
100 acre Banting Homestead lands to the highest bidder who we
understand proposes to only make available a small parcel size
surrounding the buildings for the purposes of recognizing Sir
Frederick Banting;
Council Meeting Minutes
- 7-
January 29, 2007
And Whereas the Town believes that the minimum parcel size for the
purposes of properly honouring both the intentions of Edward K.
Banting in bequeathing the lands to the Ontario Historical Society
and the work of Sir Frederick Banting is 70 acres;
Now Therefore Be It Resolved:
1. That the Town of New Tecumseth expresses its extreme
disappointment with the Ontario Historical Society in agreeing to
sell the Banting Homestead Lands without ensuring that a
minimum of 70 acres of the 100 acres of the original lands
bequeathed to the Society by Edward K. Banting were available
to educate the public about the historical significance of the work
of Sir Frederick Banting;
2. That the Ontario Historical Society and the Ontario Historical
Society Foundation be formally requested to support the
designation of the northerly 70 acres pursuant to the Ontario
Heritage Act, 2005;
3. And that this resolution be forwarded to Helena Guergis, MP
Simcoe Grey, the Premier of Ontario, Jim Wilson, MPP and the
Association of Municipalities of Ontario for circulation to its
member municipalities for support. "
Resolution #C-044-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Township of Tecumseh concerning the historical
designation of the Edward K. Banting Homestead lands be endorsed.
"CARRIED"
MOTION
Resolution #C-045-07
Moved by Councillor Trim, seconded by Councillor Novak
WHEREAS the Council of the Municipality of Clarington approved By-law 2003-179
respecting the annual allowances paid to the Mayor and Members of Council; and
WHEREAS the future adjustments for remuneration and travel were set in accordance
with the settlements approved by CUPE, Local 74; and
Council Meeting Minutes
- 8-
January 29, 2007
WHEREAS By-law 2004-033 sets the remuneration rate for Councillors at 40% of the
Mayor's remuneration rate; and
WHEREAS the remuneration rates were increased in By-law 2004-263; and
WHEREAS the Council of the Municipality of Clarington is committed to fiscal
responsibility;
NOW THEREFORE BE IT RESOL VEO
THAT staff be directed to review the Mayor's annual remuneration, with a view to not
altering the compensation for Councillors.
"CARR I EO"
REPORTS
Report #1 - General Purpose and Administration Committee Report - January 22,
2007.
Resolution #C-046-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of January 22,2007
be approved, with the exception of Items #2, and #19.
"CARRIEO"
Councillor Novak stated a pecuniary interest with respect to the application for a
temporary parking lot as the applicant is a client of the insurance firm she works for.
Councillor Novak vacated her chair and refrained from discussion and voting on the
matter.
Item #2
Resolution #C-047-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSO-008-07 be referred back to staff; and,
THAT all interested parties listed in Report PSO-008-07 and any delegations be
advised of Council's decision.
"CARRIEO"
Council Meeting Minutes
- 9 -
January 29, 2007
Item #19
Resolution #C-048-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Municipal Clerk be directed to advertise in the local newspaper the
remaining vacancies on the following committees:
Accessibility Advisory Committee
Museum and Archives Board
Port Granby Project
Traffic Management Advisory Committee
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-049-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the foregoing Resolution #C-048-07 be amended by deleting the reference to
the Port Granby Project.
"CARRIED"
The foregoing Resolution #C-048-07 was then put to a vote and CARRIED AS
AMENDED
Resolution #C-50-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the Confidential Report of the Solicitor be referred to the end of the agenda to
be considered during a "closed" session of Council.
"CARRIED"
Council Meeting Minutes
- 10-
January 29, 2007
UNFINISHED BUSINESS
Resolution #C-051-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Jesse Parsons be received for information; and
THAT Jesse Parsons be advised of Council's decision.
"CARRIED"
OTHER BUSINESS
Resolution #C-052-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Mark Peacock, Ganaraska Region Conservation Authority, be invited to
present a power point presentation and talk regarding monitoring of salt concentration
in area streams.
"CARRIED"
BY-LAWS
Resolution #C-053-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2007-015 to 2007-0039, inclusive, and
that the said by-laws be now read a first and second time.
"CARRIED"
2007-015 Being a by-law to initiate the study of a portion of the Newcastle
Village urban area as a Community Improvement Area
2007-016 Being a by-law to exempt a certain portion of Registered Plan
40M-2048 from Part Lot Control
2007-017 Being a by-law to exempt certain portions of Registered Plan
40M-2171 from Part Lot Control
Council Meeting Minutes
- 11 -
January 29, 2007
2007-018 Being a by-law to amend By-law 91-58, as amended, being a
By-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington
2007-019 Being a by-law to amend By-law 91-58, as amended, being a
By-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington
2007-020 Being a by-law to amend By-law 91-58, as amended, being a
By-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington
2007-021 Being a by-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington
2007-022 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2007-023 Being a By-law to appoint Members to the Abandoned Cemeteries
Board for the Municipality of Clarington and to repeal By-law
2004-011
2007-024 Being a By-law to appoint Members to the Accessibility Advisory
Committee for the Municipality of Clarington
2007-025 Being a By-law to appoini Members to the Clarington Agricultural
Advisory Committee for the Municipality of Clarington and to
repeal By-law 2004-013
2007 -026 Being a By-law to appoint Members to the Animal Advisory
Committee for the Municipality of Clarington and to repeal By-law
2004-012
2007-027 Being a By-law to amend By-law 83-83, as amended and to repeal
By-law 2004-015 to constitute a Committee of Adjustment for the
Municipality of Clarington pursuant to the Planning Act 1983
2007-028 Being a By-law to appoint Fence Viewers for the Municipality of
Clarington and to repeal By-law 2004-016
2007-029 Being a By-law to appoint Members to the Clarington Highway 407
Community Advisory Committee for the Municipality of Clarington
and to repeal By-law 2004-026
Council Meeting Minutes
2007-030
2007-031
2007-032
2007-033
2007-034
2007-035
2007-036
2007-037
2007-038
2007 -039
- 12 -
January 29, 2007
Being a By-law to appoint Valuers of Livestock and Poultry for the
Municipality of Clarington and to repeal By-law 2004-018
Being a By-law to appoint Members to the Municipal Heritage
Committee (formerly Local Architectural Conservation Advisory
Committee) for the Municipality of Clarington and to repeal By-law
2004-019
Being a By-law to appoint Members of the Clarington Museums
and Archives Board and to repeal By-Law 2004-010
Being a By-law to appoint Members to the Newcastle Arena Board
and to repeal By-Law 2004-020
Being a By-law to repeal Schedule "A" to By-law 2004-021, being
a by-law to amend By-law 78-63 to establish the Orono Arena as a
Community Centre in accordance with the Community Recreation
Centre Act. R.S.O., (1990) c.22 and to provide for the
establishment of a Community Centre Board
Being a By-law to appoint Pound Keepers for the Municipality of
Clarington and to repeal By-law 2004-022
Being a By-law to appoint Members to the Property Standards
Committee for the Municipality of Clarington and to repeal By-law
2004-023
.
Being a By-law to appoint Members to the Clarington Library
Board and to repeal By-law 2004-025
Being a By-law to appoint Members to the Samuel Wilmot Nature
Area Management Advisory Committee for the Municipality of
Clarington and to repeal By-2004-024
Being a By-law to Appoint Members to the Clarington Traffic
Management Advisory Committee for the Municipality of
Clarington and to repeal By-law 2004-014
Resolution #C-054-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-laws 2007-015 to 2007-039, inclusive, be
approved.
"CARRIED"
Council Meeting Minutes
- 13-
January 29, 2007
Resolution #C-055-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the meeting be "closed" for consideration of a personal matter and a legal
matter.
"CARRIED"
The meeting resumed in open session at 8:14 p.m.
Resolution #C-056-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
CONFIRMING BY-LAW
Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Resolution #C-057-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2007-040 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
29th day of January 2007, and that the said by-law be now read a first and second
time.
"CARRIED"
Resolution #C-058-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-law 2007-040 be approved.
"CARRIED"
Council Meeting Minutes
- 14-
January 29,2007
ADJOURNMENT
Resolution #C-059-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 8:16 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE ..
FEBRUARY 12, 2007
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
January 16, 2007. (Copy attached)
I - 2 Minutes of the Tyrone Community Centre Executive Board dated
January 25, 2007 (Copy attached)
I - 3 Gloria Kovach, President, Federation of Canadian Municipalities
(FCM) advising on February 14, 2007, FCM will issue the Green
Municipal Fund (GMF) Request for Proposals for financing to support
municipal solid waste diversion projects. The Green Municipal Fund
will award up to $10 million in low interest loans and $2.5 million in
grants to fund exceptional waste diversion projects. Details of the
RFP requirements and processes will be available on-line at
www.sustainablecommunities.fcm.ca after February 14, 2007. The
deadline to submit an Intent to Apply is March 14,2007.
I - 4 Sandra Kranc, City Clerk, City of Oshawa, advising that the City of
Oshawa on January 15, 2007, passed the following resolution
pertaining to the method of election of the Regional Chair:
"THAT Council endorse Correspondence Request 1 from the Town of
Ajax concerning Ajax Council's resolution to the Minister of Municipal
Affairs and Housing requesting the Government of Ontario make a
regulation requiring the method of selecting the Chair of the Regional
Municipality of Durham be changed to election by general vote."
I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising that the Region of Durham on January 24,2007, passed the
following resolution pertaining to Clarington's request to increase
pedestrian signal timings:
"a) THAT the request from the Municipality of Clarington to increase
the pedestrian signal timings by five (5) seconds each at the
signalized intersections of King Street at Simpson Avenue and at
the Bowmanville Mall Entrance not be approved;
b) THAT the Region investigate the application of supplementary
crossing devices at both signalized intersections to provide a
higher degree of pedestrian guidance;
c) THAT the Region discuss the proper use and application of
pedestrian crossing devices with staff from the Strathaven Lifecare
Centre; and
Summary of Correspondence
- 2 -
February 12, 2007
d) THAT a copy of Report #2007-W-3 of the Commissioner of Works
be forwarded to the Municipality of Clarington."
I - 6 Wayne Wilson, CAMC Chair 2006, CAO, Nottawasaga Valley
Conservation Authority on behalf of the Conservation Authorities
Moraine Coalition (CAMC) forwarding copies of their
Accomplishments 2006 brochure detailing the Coalition's efforts and
successes of 2006; outlining their mission to advance the science for
understanding the Oak Ridges Moraine through the formation of
numerous partnerships; and extending appreciation to all partners for
their contributions in support of protecting and enhancing the Oak
Ridges Moraine.
I - 7 Rachele Dabraio, Director, Citizenship Division, Ontario Honours and
Awards Secretariat, inviting nominations of exceptional Ontarians for
the Order of Ontario, the most prestigious official honour in the
province recognizing the highest level of individual excellence and
achievement in a wide spectrum of disciplines, and advising
nomination forms and information are available at
www.citizenship.qov.on.ca./enqlish/citdiv/honours/order/order.htm/.
The deadline for nominations is February 28,2007.
CORRESPONDENCE FOR DIRECTION
D - 1 Donna Donaldson, Executive Officer, Durham Region Home Builders'
Association extending an invitation to Mayor Abernethy to attend their
dinner meeting on March 20, 2007, to celebrate the launch of New
Homes Month in Durham Region and requesting April 2007 be
proclaimed as "New Homes Month".
(Motion to Proclaim)
D - 2 Tony Van Bynen, Mayor, Town of Newmarket, advising Council that
the Town of Newmarket, at a meeting held January 22,2007, passed
the following resolution:
'WHEREAS the Town of Newmarket issued Resolution R16-2003 on
December 15, 2003 regarding the use of Fluorescent Yellow Green
School signs to the Province, Region and local municipalities;
AND WHEREAS R 16-2003 requested that the Province of Ontario
review the Highway Traffic Act and associated regulations, provide
early approval for the use of school related signage on a trial basis and
amend existing legislation to allow the use of fluorescent strong yellow-
green signs in local municipalities;
AND WHEREAS the Province has not made a final decision on the
use of Fluorescent Yellow Green School signs on Ontario Roads;
Summary of Correspondence
- 3 -
February 12, 2007
AND WHEREAS the lack of a final decision to date by the Province
has created inconsistent use throughout the Region of York and the
Province of Ontario;
AND WHEREAS the continued inconsistent use could potentially
create safety issues and potentially increase exposure to public liability
for local municipalities;
THEREFORE BE IT RESOLVED by the Municipal Council of the
Corporation of the Town of Newmarket as follows:
1. THAT the Town of Newmarket request the Province of Ontario to:
a) Review and amend the Highway Traffic Act and associated
regulations and standards as required regarding school area
and school crossing zone signage;
b) Provide approval for the use of Fluorescent Yellow Green
school sign age;
c) Provide a formal decision on this matter prior to the start of the
2007/2008 school year; and
2. THAT the Town of Newmarket forward this resolution to the
Honourable Donna Cansfield, Minister of Transportation; Julia
Munro, MPP; the Region of York, the Association of Municipalities
of Ontario and all municipalities within York Region requesting
support of this initiative."
(Motion for Direction)
D - 3 Mary Kirkham, Clerk, The Township of Lanark Highlands, advising
Council that the Township of Lanark Highlands, at a meeting held
January 23,2007, passed the following resolution:
'WHEREAS Ontario municipalities have the authority pursuant to
O. Reg. 316/03 under the Highway Traffic Act (HT A) to regulate the
operation of all-terrain or off-road vehicles (ATV's) on highways under
their jurisdiction; and
WHEREAS said regulation has resulted in a patchwork quilt across the
province of varying regulations governing the use of these vehicles
creating uncertainty and frustration for both ATV users and
municipalities; and
WHEREAS the number of ATV users continues to grow rapidly
exacerbating the problem;
Summary of Correspondence
-4-
February 12, 2007
NOW THEREFORE the Township of Lanark Highlands requests that
the province of Ontario review with municipalities and their
associations the issue of A TV use on public highways with a view to
ensuring consistency and sound decision making throughout all areas
of the province; and further,
THAT this resolution be circulated to all municipalities in Ontario for
their endorsement."
(Motion for Direction)
D - 4 Hazel Soady-Easton, Deputy Clerk, Town of Minto, advising Council
that the Town of Minto, at a meeting held January 17, 2007, passed
the following resolution:
''WHEREAS Royal Canadian Legions in the Province of Ontario face a
financial crisis due to declining and aging membership;
AND WHEREAS the Royal Canadian Legions are an asset to the
communities across the Country by providing aid to veterans and their
families as well supporting minor sports and various community
projects;
AND WHEREAS the Town of Minto and the County of Wellington have
recognized the immense worth of local Royal Canadian Legions by
providing property tax relief for the municipal portion of these taxes as
provided under s. 325 of the Municipal Act, S.O. 2001 or s. 6 of the
Assessment Act, R.S.O. 1990, CHAPTER A.31;
AND WHEREAS present Ontario legislation does not provide for relief
from the Education portion of property taxes paid by Royal Canadian
Legions;
NOW THEREFORE BE IT RESOLVED:
THAT the Town of Minto appeals to the government of Ontario to take
immediate action to exempt Royal Canadian Legions in Ontario from
the Education portion of property taxes;
AND BE IT FURTHER RESOLVED:
THAT this resolution be forwarded to the Association of Municipalities
of Ontario (A.M.O.), Waterloo-Wellington M.P.P. Ted Arnott, the
Honourable Greg Sorbara, Minister of Finance, the Honourable
Kathleen Wynne, Minister of Education and the Honourable John
Gerretsen, Minister of Municipal Affairs and Housing."
(Motion for Direction)
Summary of Correspondence
- 5-
February 12, 2007
D - 5 Hazel Soady-Easton, Deputy Clerk, Town of Minto, advising Council
that the Town of Minto, at a meeting held January 17, 2007, passed
the following resolution:
'WHEREAS the Walkerton Tragedy of 2000 has been responsible for
the implementation of countless regulations and Acts that have forever
changed the method municipalities deliver safe drinking water to their
residents;
AND WHEREAS in order for a municipality to be in compliance with
the countless regulations and Acts enforced by the Ministry of the
Environment, millions of dollars in infrastructure upgrading must be
spent with reconstruction of water towers, water pump houses, water
mains, sewer mains, sewage treatment plants, to name a few; are
necessary;
AND WHEREAS The Minister of Public Infrastructure Renewal, the
Honourable David Caplan, at the OSUM Conference in Owen Sound in
2004 announced the Canada Ontario Municipal Rural Infrastructure
Fund Program (COMRIF) for municipalities with a population of less
than 250,000;
AND WHEREAS through COMRIF, the governments of Canada and
Ontario are each investing up to $298 million over the next five years
to improve public infrastructure in small, urban and rural municipalities
throughout the Province of Ontario;
AND WHEREAS the priorities for Intake One and Intake Two were
local bridges and roads, solid waste management, water and
wastewater (i.e. sewage) and these projects must also be supportive
of federal and provincial policy directions such as reducing greenhouse
gases, sustainable water and sewage systems, economic
development and increased waste diversion with an equal emphasis
placed on health and safety and the quality of the project in addressing
public policy priorities;
AND WHEREAS the priorities for Intake Three were assessed using
three criteria; being health and safety, public policy priorities and value
for money;
AND WHEREAS small rural municipalities must spend limited funds
and staff resources to prepare detailed applications and engineering
drawings, which must accompany the COMRIF application and in
many cases thousands of dollars are spent preparing the application
leaving the unsuccessful municipalities more in debt than they were
previous to applying for the COMRIF grant;
Summary of Correspondence
- 6-
February 12, 2007
NOW THEREFORE BE IT RESOLVED THAT:
THAT the Town of Minto petition the federal Minister responsible for
infrastructure and COMRIF, the Honourable Lawrence Cannon and the
provincial Minister of Public Infrastructure Renewal, the Honourable
David Caplan to reimburse those municipalities that were unsuccessful
in all three COMRIF Intakes the engineering fees that were paid in
order to submit the COMRIF application;
AND FURTHER THAT this Resolution be forwarded to all
municipalities in the Province of Ontario with a population of less than
250,000 for their support;
AND FURTHER THAT the Town of Minto's Member of Parliament,
Gary Schellenberger and their Member of Provincial Parliament Ted
Arnott be sent a copy of this Resolution requesting their support for the
reimbursement of the engineering fees paid by the Town of Minto in
the amount of $15,000."
(Motion for Direction)
D - 6 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town
of Ajax, advising the Town of Ajax, at a meeting held January 22,
2007, passed the following resolution:
"THAT the Government of Ontario be urged to approve Bill 172, the
Municipal Amendment Act (Direct Election of Durham Regional
Council Chair), 2006, without delay; and,
THAT all municipal Councils in the Region of Durham be requested to
endorse this resolution."
(Motion for Direction)
D - 7 The Corporation of the Municipality of Arran-Elderslie advising the
Municipality of Arran-Elderslie on January 22,2007, passed the
following resolution pertaining to wind energy systems:
WHEREAS the Province of Ontario has a mandate to ensure the
people of Ontario have sufficient, reliable electricity to meet their
needs in a reasonable and responsible manner;
AND WHEREAS new sources of electricity must be developed as
current, individual electricity users cannot conserve enough electricity
to meet the increased power demands of new commercial, industrial
and residential development;
Summary of Correspondence
- 7 -
February 12, 2007
AND WHEREAS the Province of Ontario, in its Provincial Policy
Statement 2005 (in an effort to increase the supply of electricity), has
mandated that the use of renewable energy systems and alternative
energy systems, where feasible, and that alternative energy systems
and renewable energy systems shall be permitted in settlement areas,
rural areas and prime agricultural areas in accordance with provincial
and federal requirements with impacts on agricultural operations in
rural areas and prime agricultural areas to be minimized by
appropriate design and construction methods;
AND WHEREAS 'provincial and federal requirements' are virtually
non-existent with respect to the long-term effects of wind turbine farms
and the subsequent restoration of the sites;
AND WHEREAS section 24 of Bill 51 has amended the Planning Act,
effective January 1,2007, by the addition of section 62.0.1 which
provides that: "(1) An undertaking or class of undertakings within the
meaning of the Environmental Assessment Act that relates to enerqy
is not subject to this Act or to...the City of Toronto Act, 2006" if it has
been approved, ordered or declared under the Environmental
Assessment Act; thereby elimihating all requirements for wind energy
systems (turbines), once approved, ordered or declared, to conform to
local municipal zoning by-laws and official plans;
AND WHEREAS the Province of Ontario is undertaking to clear all
barriers, including local controls and decision-making processes, to
ensure the addition of wind energy generation in the Province with no
environmental assessment confirming that said generation is safe and
effective in the long term;
AND WHEREAS the areas of dependable wind sources exist in less
populated areas along shorelines which have fewer wind disruptions
caused by vertical urban development;
AND WHEREAS the Counties of Bruce and Grey are a major
component of the Province's 'Ontario-Yours to Discover' tourism
promotion campaign with the Bruce Peninsula being a featured
destination;
AND WHEREAS a search on the 'Ontario-Yours to Discover' website
for 'wind turbines' resulted in the message: "Sorry, no matching search
items were found" thereby confirming that wind turbines are not, in
fact, a tourist attraction;
AND WHEREAS many seasonal and year-round commercial
enterprises and residents depend on our local 'tourism' trade for their
livelihood;
Summary of Correspondence
- 8-
February 12, 2007
AND WHEREAS municipalities have, and continue to be approached
by wind energy developers with signed land leases for the purpose of
erecting wind turbines with the land owners having little, if any,
information on the long-term effects, good or bad, of such turbines;
AND WHEREAS in 1994, Madam Justice McLachlin, of the Supreme
Court of Canada made a strong case for supporting the legitimate role
of municipal bodies in making decisions in the best interests of
their communities, now known as the "McLachlin rule", when she
stated, "If municipalities are to be able to respond to the needs and
wishes of their citizens, they must be given broad jurisdiction to make
local decisions reflecting local values.";
AND WHEREAS in a 2005 ruling, the Supreme Court of Canada
further stated that "It is well established that the Court adopts a "broad
and purposive" approach to the construction of the powers of a
municipality.";
AND WHEREAS George H. Rust-D'Eye, partner in the firm of Weir
Foulds, Barristers & Solicitors, in the firm's Fall 2006 Municipal Law -
Government Update, stated, "Local governments should be
encouraged to "flex their municipal muscle" to achieve the results
needed to serve the people who elected them and carry out their
broad mandate that is now prescribed by legislation in most provinces.
In assessing response to the challenges faced by municipalities, it is
essential to factor in the legislation and the courts of today in creating
solutions. Municipalities may have more latitude than they think in
taking innovative approaches to problem-solving.";
NOW THEREFORE we respectfully petition the Province of Ontario as
follows:
1. To conduct an environmental assessment on all the issues involved
with wind turbines in order to assure the public that the energy
systems being freed from local planning processes are indeed
good, safe, viable alternative sources of energy;
2. To conduct a study of the impact of wind turbines on local
assessments and land values;
3. In the absence of local input into the siting and construction of wind
farms, to develop guidelines and/or regulations for the
standardization of wind farm developments in consultation with the
people of Bruce and Grey Counties, in particular, and the Province
of Ontario, in general;
Summary of Correspondence
-9-
February 12, 2007
4. To demonstrate that removing energy systems from the Planning
Act is being done in good faith by permitting the construction of
wind turbines in Provincial Parks in the Bruce Peninsula and in any
other areas of the Province with sufficient winds;
5. To compensate those municipalities which have invested
considerable time and money in processing wind turbine zoning
applications, consulting the public, developing policies, hiring
consultants, etc. which would become redundant;
6. To compensate those municipalities and tourist operators for loss
of revenue, over time;
7. To ensure the restoration of lands whereon wind energy systems
have been erected and ensure the removal of all concrete bases
embedded with steel;
8. To consult with and keep municipalities apprised of the Province's
intentions with respect to dramatic changes in local planning issues
in advance of their being legislated and municipalities having
wasted their time and money on addressing local issues which are
ultimately removed from their spheres of jurisdiction;
9. In the absence of acting on the previous requests, to acknowledge
and respect the jurisdiction and competence of local municipalities
to make local decisions reflecting local values by leaving energy
systems under the authority of the Planning Act."
(Motion for Direction)
'07JAN2
5 PH 3:18:54
CENTRAL LAKE ONT ARlO CONSERVATION AUTHORITY
I - 1
MINUTES NO. I
ANNUAL AUTHORITY MEETING
Tuesdav. Januarv 16.2007 - 5:00 P.M.
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM
PRESENT:
Absent:
The Chair called the meeting to order at 5:00 p.m.
S. Crawford
A. Cullen
J. Drumm
G.Emm
A. Foster
j. Gray
R. Hooper
R. Johnson
J. Kolodzie
D. Mitchell
J. Neal
B. Nicholson
M. Novak
M. Pearce
P. Perkins
J.Schell
J.R. Powell, Chief Administrative Officer
D. White, Director, Corporate Services
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Community Outreach Coordinator
R. Hersey, Director, Development Review & Regulation
M. Hrynyk, General Superintendent
P. Lowe, Director, Watershed Stewardship & Community Outreach
P. Sisson, Director, Engineering & Field Operations
G. SooChan, Director, Groundwater
K. Tate, Administrative Assistant/Recording Secretary
M. Brenner
C. Clarke
P. Pingle
.
;113
WELCOME - J. Schell, Chair, requested new and existing board of directors as well as staff members to introduce tlt~
welcomed everyone to CLOCA's Annual Meeting. / . ~.....
DECLARATIONS of interest by members on any matters herein contained - NONE _()~
ADOPTION OF MINUTES
Res. #1
Moved by J. Drumm
Seconded by J. Kolodzie
,c~:
THAT the Authority minutes of Noyember 21,2006 be adopted as circulated.
CARRIED
(.:\6 J. C E
AUTHORITY ANNUAL MEETING - JANUARY 16,2007 - PAGE 2
CHAIR'S REMARKS - J. Schell- 2006 in Review
It has been my pleasure to serve as Chair of the Central Lake Ontario Conservation for the past three years. I would like to take the
opportunity to say thank you to the Board of Directors and Staff for their ongoing support and dedication.
Working in partnership for healthy watersheds summarizes the Authority's mandate. When you look over the past year one can see
how closely Central Lake Ontario Conservation works with a variety of community stakeholders to achieve local and regional
environmental benefits for our constituents.
I would like to take a minute to highlight some of the projects and achievements in 2006:
The Hampton Pond Restoration Project was officially opened on Earth Day in April and returned a beloved natural feature to Hampton
residents. The project consisted of the reconstruction of the pond and wetland to enhance and create wildlife habitat in the area. This
included over 400 native trees and shrubs that were planted by the residents of Hampton. An information kiosk was also constructed at
the entrance and a walking trail will be added in 2007. Authority staff worked with the Hampton Citizen's Association and
Municipality of Clarington to secure funding and provide technical expertise in the design, planning and implementation of the project.
The Bowmanville/Westside Marshes Conservation Area was officially opened in June located at the south end ofClarington. The new
Conservation Area hosts various wildlife viewing facilities, a Provincially Significant Wetland, interpretive signage and 1.5 kilometres
of trails. This project would not have been possible without the support of Ducks Unlimited, Municipality of Clarington, St. Marys
Cement and the Ontario Ministry of Natural Resources and is sure to be a popular site for watershed residents.
Working with the Oak Ridges Trail Association, 2.6 kilometres of the Oak Ridges Trail was rerouted through Purple Woods and
Rahmani Tract Conservation Areas. The new rOute increases safety for trail users along with access to spectacular views of the
Authority watershed from the top of the Moraine. Currently, over 6 kilometres of the Oak Ridges Trail passes through three Authority
Conservation Areas.
In May 2006 the Conservation Authorities Generic Regulations came into effect with all 36 Conservation Authorities meeting the
deadline. I would like to commend our staff for a job well done as our Central Lake Ontario Conservation was the lead Authority in
the Province for this project and the first to have their regulations approved by the peer review committee this past February. The new
regulation gives more protection to wetlands that are vital to water quality in our watersheds.
CLOCA's stewardship and outreach activities continued to grow in 2006. This past year over 40,000 tree seedlings were planted
through the Authority's stewardship program and another 18,000 sold to private landowners through the tree seedling program.
Authority staff continued to meet the public by participating in over 15 community events, leading family summer programs, assisting
at the International Plowing Match and hosting a public volunteer appreciation evening and community environmental fair. Chief
Topleaf was the guest speaker for the evening, thrilling guests of all ages with his look back at the changing landscape.
Over 13,000 students from Durham Region participated in CLOCA' s environmental education programs including the Durham
Children's Groundwater Festival, Creek and Waterways Safety Awareness, Maple Syrup program and day programs in local schools
and Conservation Areas. 2007 will mark the 10"' anniversary of the Durham Children's Groundwater Festival, launched by the
Authority in 1998. CLOCA staff also played a supporting role with new educational initiatives, including the I" annual Farm
Connections program in partnership with Durham Region and the Ontario Forestry Association's Envirothon high school competition
held at Enniskillen Conservation Area.
Land acquisition around CLOCA's holdings on the Oak Ridges Moraine continued in 2006 with approximately 490 acres added to
Enniskillen Conservation Area and 120 acres added to Long Sault Conservation Area. Both of these areas are now over 1,000 acres in
size. The Authority continues to receive strong support for this initiative from the Region of Durham, Oak Ridges Moraine
Foundation, Nature Conservancy of Canada and the Ministry of Natural Resources Ecological Land Acquisition Program.
With the passing of the Clean Water Act this past October, Source Water Protection will be a major focus in 2007 with the
establishment of source protection areas and regions, source protection committees and the terms of reference for the planning process.
The Drinking Water Stewardship Fund announced in September is particularly significant, since it is established in legislation that the
province accepts some responsibility for funding implementation of projects to support the Clean Water Act. We are very pleased to
have Russ Powell as one of the Conservation Ontario representatives on the advisory panel.
In conclusion I would like to thank once again the Board of Directors and staff for your support and work. It has been a pleasure to
participate in the organization and hold the position of Chair. I wish you all the best in 2007.
AUTHORITY ANNUAL MEETIN.G - JANUARY 16,2007 - PAGE 3
P. Perkins commended J. Schell for his dedication, recognizing the tremendous amount of work and efforts put forth in his past three
years as Chair of the Authority.
Recoenition of Deoartine Board Members
J. Schell made a presentation of a plaque and book entitled "Oak Ridges Moraine" to Councillor Joe Kolodzie, City of Oshawa in
recognition and appreciation of service on the Central Lake Ontario Conservation Board of Directors 2003 to 2006.
Plaques and books as noted above will also be forwarded to Cathy Clarke representing City of Oshawa 2004 to 2006, Pat Pingle
representing Municipality of Clarington 2004 to 2006, and Maurice Brenner representing City of Pickering 2004 to 2006.
Russ Powell presented J. Schell with a plaque and book (as noted above) in recognition and appreciation of service on the Central
Lake Ontario Conservation Board of Directors 2001 to 2006, including the position of Chair 2004, 2005 and 2006.
ELECTION OF OFFICERS
At this point, the meeting was turned over to Russ Powell, Chief Administrative Officer, who assumed the
chair and declared vacant the positions of Chair and Vice Chair.
Res. #2
Moved by M. Novak
Seconded by J. Drumm
THAT Dan White and Perry Sisson act as sCTutineeTs; and,
THAT in the e.ent of an ekction aU ballots be destroyed.
CARRIED
Authority Chair
Mr. Powell advised that he would call for nominations for the position of Chair for 2007, and stated that no
seconder was required. Where more than one nominee stands for office, an election by secret ballot will be
conducted.
Nominations:
G. Emm nominated by P. Perkins
B. Nicholson nominated by A. Cullen
Res. #3
Moved by R. Johnson
Seconded by S. Crawford
THAT nominationsfoT the position of Authority ChaiT be closed.
CARRIED
G. Emm "stands".
B. Nicholson "stands".
B. Nicholson spoke to his nomination.
G. Emm spoke to his nomination.
Ballots were distributed and collected by scrutineers Dan White and Perry Sisson.
AUTHORITY ANNUAL MEETING - JANUARY 16,2007 - PAGE 4
G. Emm was declared Authority Chair for 2007, and conducted the remainder of the meeting with the
opening address:
"I would like to thank the Directors for their vote of confidence and I look forWard to working with them
and staff over the coming year. 2007 will be an exciting year for Central Lake Ontario Conservation as we
work closely with our municipal partners, Durham Region and the community to protect and enhance the
watersheds in which we live.
I am very proud of the work achieved by Central Lake Ontario Conservation especially in the areas of _
children's programs. The Authority's school programs that include events such as the Durham Children's
Groundwater Festival and Purple Woods Maple Syrup Festival help to foster an appreciation for healthy
watersheds in the decision makers of tomorrow."
Authoritv Vice Chair
The Chair called for nominations for the position of Vice Chair.
Nom;~~__;_
B. Nicholson nominated by J. Gray
R. Johnson nominated by P. Perkins
Re,_ ,-.
Moved by J. Gray
Seconded by S. Crawford
THAT nominations for the position of Authority Vice Chair be c/osed.
CARRIED
B. Nicholson ~'stands".
R. Johnson "declined".
B. Nicholson was declared Authority Vice Chair for 2007.
SIGNING OFFICERS
Res. #5
Moved by A Cullen
Seconded by P. Perkins
THAT the Signing Officers of the Authority be any two of the following: The Chair, Viee-Chair, Chief
Administrative OfficerlSecretary- Treasurer, and Director of Corporate Services.
CARRIED
SOLICITORS
Res. #6
Moved by B. Nicholson
Seconded by S. Crawford
THAT the firms Boychyn & Boychyn, Oshawa; Gardiner, Roberts, Toronto; and
Beard, Winter, Toronto, be appointed Solicitors for the Authority.
CARRIED
AUTHORITY ANNUAL MEETING - JANUARY 16,2007 - PAGE 5
BORROWING BY-LAW
Res. #7
Moved by J. Drumm
Seconded by M. Pearce
THAT any two of the following: The Chair, Vice-Chair, Chief Administrative
Officer/Secretary-Treasurer, and Director of Corporate Services of the Central Lake
Ontllrio Conservation Authority are hereby authorized to borrow from time to time, by
way of promissory note, from the Toronto-Dominion Bank, 4 King Street Wes~
Oshawa, the sum or sums not exceeding $1,000,000 to meet immediate administrative
and operational expenditures until the Province of Ontario grant and/or Regional levy
have been received, and to give on behalf of the said Authority a promissory note or
notes, sealed with the Corporate Seal and signed by the Chair or Vice-Chair and the
Chief Administrative Officer/Secretary- Treasurer and/or the Director of Corporate
Services for the monies so borrowed with interest which may be paid in advance or
otherwise, at a raie not exceeding prime per annum.
THAT all sums borrowed pursuant to the authority of this Resolution for the purpose
mentioned herein shaJJ, with interest thereon, be a charge upon the whole of the
monies received or to be received, by the said Authority, as and when such monies are
received.
THAT the Chief Administrative Officer/Secretary-Treasurer and/or the Director of
Corporate Services is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with the interest thereon, all of the monies hereinafter
collected or received by the said Authority from the Province of Ontario by way of a
Grant or from the Regional Levy to be made in accordance with provisions of The
Conservation Authorities Act.
CARRIED
CONSERV ATlON ONTARIO COUNCIL
Res. #8
Moved by P. Perkins
Seconded by M. Novak
THAT the Chair be appointed as the Authority's representative on the Conservation
Ontario CounciL Alternative designates are the Vice Chair and the Chief
Administrative Officer.
CARRIED
ENFORCEMENT OFFICERS
(i) Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42/06
Res. #9
Moved by P. Perkins
Seconded by A. Cullen
THAT P. Sisson, T. Aikins, R. Hersey, L Backus, D. Hope and W. Coulter be
appointed Enforcement Officers under the Development, Interference with Wetlands
and Alteration to Shorelines and Watercourses Regulation #42/06.
CARRIED
(ii) Conservation Areas Regulation #1 0 1/92
Res. #10
Moved by P. Perkins
Seconded by A. Cullen
THAT M. Hrynyk, T. Backus, H. Hirschfeld, J. Moos, B. De Wool and D. Hope be appointed Enforcement
Officers under the Conservation Areas Regulation #101/92.
CARRIED
AUTHORITY ANNUAL MEETING - JANUARY lIi, 2007 - PAGE 6
CORRESPONDENCE
(1) Correspondence Item #ABDA3C24, dated Dec. 8/06, from Township of Scugog, K. Coates
Re: Regional Appointments
Res. #11
Moved by M. Pearce
Seconded by P. Perkins
THAT correlpondem:e item#ABDA3C24 (attached as Schedule 11-1 of Jan. 16/07) be received for information.
CARRIED
DIRECTOR, DEVELOPMENT REVIEW & REGULATION
(I) Staff Repon #4636-07 (attached as Schedule 12-1 to 12-3 of Jan. 16/(7)
Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines
and Watercourses - November 1 to December 31, 2006
Res. #12
Moved by P. Perkins
Seconded by S. Crawford
THAT the attached applications be approved and the respective permits be issued.
CARRIED
ClDEF ADMINISTRATIVE OFFICER
(I) Staff Repon #4635-06
2007 Meeting Schedule - Board of Directors and Committee of the Whole
Res. #13
Moved by J. Neal
Seconded by A. Cullen
THAT Staff Report #4635-07 (attached as Schedule 13-1 of Jan. 16/07) be received for information;
THAT the 2007 Meeting Schedule for Board of Directors be adopted;
THAT Committee of the Whole meetings be scheduled, ifnecessary, at the call of the Chair;
THAT December 4,2007, be the date for the CWCA Watershed Awards Ceremony.
CARRIED
MUNICIPAL AND OTHER BUSINESS
P. Sisson (at the request of R Powell) answered questions raised by A. Cullen with respect to the Taunton Road widening project.
ADJOURNMENT
Res. #14
Moved by J. Gray
Seconded by J. Neal
THAT the meeting adjourn.
CARRIED
The meeting adjourned at 5:50 p.m.
~ Tyrone Community Centre'-2
Memorandum
To:
From:
Cc:
Date:
Subject:
Executive Board Members
Mark Canning
Willie Woo
January 2sth, 2007
Minutes - Jan 2sth 2007 AGM
Attendees:
Laurie Lafrance,Lynda Burnett, Mark Canning, John Scanlan Walter Loveridge, Steve Powell,
Ann Powell, Kim Pannekoke, Janice Scanlan, Paul Rowan, Shari Rowan Patty Woodcock, Jack
Wilson, Brian Bradshaw, Willie Woo(Local Councillor)
MINUTES FROM JANUARY 25TH ANNUAL GENERAL MEETING
Motion to approve minutes from the last meeting.
Moved: Janice Scanlan Seconded: Jack Wilson
CARRIED
DISOLUTION OF CURRENT BOARD AND APPOINTMENT OF NEW BOARD
Moved: Mark Canning Seconded: Janice Scanlan
Lynda Burnett resigned Chair. Shari Rowan resigned as Treasurer, John Scanlan was
nominated for Chair, Mark Canning was nominated for Chair, Treasurer(open)
A vote by all members attending the AGM to decide new Chair.
New Board Members:
John Scanlan, Chair,Treasurer (open,Shari Rowan will stay on during search), Patty Woodcock
Co-Chair, Mark Canning, Secretary
Lynda Burnett(general member), Laurie LaFrance(booking agent), Brian Bradshaw(general
member)
TREASURER'S ANNUAL REPORT
General Account - $4,963.33(as of Dec 31s', 2006)
Expansion Fund - $4,600.00(as of Dec 31s',2006)
Nevada Savings - $239.82(as of August 25th, 2005)
Total Assets - $9803.15
Moved: John Scanlan
Seconded: Laurie Lafrance
Website: A motion was put forward to pay for the renewal of our Website Domain Name.
Moved: Shari Rowan
Seconded: Patty Woodcock
"Tyrone... catch the Spirit!"
2716 Concession Rd. 7
Tyrone, ON, L1C 3K6
www.tyroneontario.com
(905) 263-4330
~ Tyrone Community Centre
BOOKING REPORT Laurie Lafrance is the new booking agent. Because the job is very
demanding time wise, Laurie will be examining ways to make it more efficient(egvoice mail
etc). Will be reviewing with Lynda Burnett. Will also be monitoring pricing for rentals/bar
tending to ensure we are competitive with other halls across the region. The Polar Bear NYE
event and liver research fundraiser was discussed by the board regarding the increased bar
tending fee and various options were discussed. PBC was concerned that if the bar fee was too
much this would cut into the fundraising initiative.
BAR REPORT Nothing to report
YOUTH REPORT Nothing to report
SENIORS REPORT Nothing to report
CLEANING REPORT A motion was put forward to refinish/sand the butcher block in the
kitchen. Kim will be getting the cost.
Moved: Mark Canning
Seconded: Laurie Lafrance
OLD BUSINESS
1. Fundraising Valentines Dance scheduled for Feb 10'h. 60 tickets sold to date. Liquor
permit is ordered. Door prizes are needed. Lynda Burnett will be doing decorations(leave up
decorations for Sparks - Seniors Valentine Tea). Request for help during the dance(people at
the door). Will also do a mailer to RR#5 to advertise and the Herald. T-Shirts will also be sold
at the dance.
2. TAA Issues Nothing to report
3. Maintenance
Municipality of Clarington Issues:
. Panic Hardware - Complete
. Lights is the parking lot do not fit the proposed landscaping plan is funding available-
Fred to check light level issues
. Fans inside hall to be replaced(Lynda discussing with Fred Horvath regarding this)
. Horseshoe pit sand is being replaced by woodchips
. UV Installation will be coming in 2007
. Baseball Diamonds - need to be weed free for 2007 - Tyrone often forgotten
. Garbage issue - resolved
. Fan External Problem - in progress
4. Defibrillator Machine no status
5. Telephone - move from Bar into main area(need available for emergencies)
S. Chairs/Tables Mark working with Trillium on grant and also getting companies to quote
6. Landscape Plan Landscaping in progress - completed in spring
7. Web Site - Sue Sutcliffe will be redoing the website look
"Tyrone... catch the Spirit!"
2716 Concession Rd. 7
Tyrone, ON, L1C 3K6
www.tyroneontario.com
(90S) 263-4330
~ Tyrone Community Centre
8. Bar Renovation - when funds available
9. Photographs on Walls - Laurie getting pricing on refinishing
NEW BUSINESS
1. Late Nite In Tyrone(Brian Bradshaw) provided up on the event. This will
be an open mic night club. Date being finalized for March.
2. Photographs on Walls. Laurie provided an update that they badly need
upgrading in order to preserve them and will be getting pricing.
3. Recognition Night 2008 for volunteers by the Municipality. The board
needs to think about long standing volunteers who should be recognized
at this event.
4. Guest of the AGM(BiII Hollering) offered his musical services for events
at the TCC.
Motion to Adjourn
Moved: Lynda Burnett
Seconded: Walter Loveridge
Adjourned 9:00 p.m.
"Tyrone... catch the Spirit!"
2716 Concession Rd. 7
Tyrone, ON, L1C 3K6
www.tyroneontario.com
(905) 263-4330
C!g[iggron
REPORT #1
REPORT TO COUNCIL MEETING OF FEBRUARY 12, 2007
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, FEBRUARY 5, 2007
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) CSD-002-07 - Community Services Department Job Opportunity Fair
(b) Delegation - Richard Ward regarding Campaign Contributions and Coug's
Development
2. REZONING TO PERMIT INCREASED RESIDENTIAL LOT COVERAGE AND
REAR DECK PROJECTIONS
APPLICANT: 1370304 ONTARIO LTD. (HALMINEN HOMES)
THAT Report PSD-016-07 be received;
THAT the application for rezoning submitted by 1370304 Ontario to permit
increased lot coverage and deck projections for lots in Draft Approved Plan of
Subdivision 18T-98012, be approved and the By-law shown on Attachment 2 to
Report PSD-016-07 be forwarded to Council; and,
THAT all interested parties listed in Report PSD-016-07 and any delegations be
advised of Council's decision.
3. TYRONE SUBDIVISION - AMENDMENT TO DRAFT APPROVAL
APPLICANT: 464367 ONTARIO LTD. (BOB CRAIG)
THAT Report PSD-017-07 be received;
THAT the application to amend Draft Approved Plan of Subdivision 18T -86012, be
referred back to staff for further processing and the preparation of a subsequent
report following the receipt of the outstanding agency comments; and
THAT all interested parties listed in Report PSD-017-07 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE', ONTARIO L 1 C 3A6 T 905-623-3379
Report #1
-2-
February 12, 2007
4. APPLICATION FOR A 162 UNIT DRAFT PLAN OF CONDOMINIUM
APPLICANT: ASPEN HEIGHTS L TO.
THAT Report PSD-018-07 be received;
THAT the Draft Plan of Condominium application, submitted by Aspen Heights II
Ltd. be approved and that the Director of Planning Services be authorized to issue
Draft Approval, subject to the conditions as contained in Attachment 2 to Report
PSD-015-07;
THAT a copy of Report PSD-018-07 be forwarded to the Durham Region Planning
Department; and
THAT all interested parties listed in Report PSD-018-07 and any delegation be
advised of Council's decision.
5. REZONING TO PERMIT AN ADDITION TO A PLACE OF WORSHIP
APPLICANT: HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH
THAT Report PSD-019-07 be TABLED to the February 12, 2007 Council meeting.
6. APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: THE KAITLlN GROUP
THAT Report PSD-020-07 be received;
THAT the application submitted by The Kaitlin Group to remove the Holding (H)
symbol be approved; and that the By-law attached to Report PSD-020-07 to
remove the Holding (H) symbol be passed and a copy forwarded to the Regional
Municipality of Durham; and
THAT all interested parties listed in Report PSD-020-07, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
7. APPLICATION FOR REMOVAL OF ENVIRONMENTAL HOLDING SYMBOL
APPLICANT: BRADLEY, J. & M.
THAT Report PSD-021-07 be received;
THAT the application submitted by Jeff and Marg Bradley, to remove the
Environmental Holding (H) symbol be approved and that the By-law attached to
Report PSD-021-07 to remove the Environmental Holding (H) symbol be passed and
a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-021-07 and any delegations be
advised of Council's decision.
Report #1
- 3 -
February 12, 2007
8. INTERSECTION OFTRULLS ROAD AND AVONDALE DRIVE,
YORKVILLE DRIVE, COURTICE, PROPOSED ALL-WAY STOP
THAT Report EGD-017-07 be received;
THAT the intersection of Trulls Road and Avondale DrivelYorkville Drive become
an all-way stop with implementation in the spring of 2007; and
THAT the proposed by-law attached to Report EGD-017-07 be approved by
Council.
9. INTERSECTION OF EDWARD STREET AND RUDELL ROAD,
NEWCASTLE, REQUESTED ALL-WAY STOP
THAT the recommendations contained in Report EGD-018-07 be defeated; and
THAT stop signs be placed on the north and south sides of the intersection at
Rudell Road and Edward Street as well as at the construction entrance on Rudell
Road.
10. PUBLIC INFORMATION CENTRE, INTERSECTION IMPROVEMENTS, OLD
SCUGOG ROAD AND BOUNDARY ROAD, BURKETON
THAT all-way stop signs be placed at the intersection of Old Scugog Road and
Boundary Road.
11. PUBLIC OPEN HOUSE, PROPOSED SOPER CREEK RECREATIONAL TRAIL,
MEARNS PARK TO SPRUCEWOOD CRESCENT, BOWMANVILLE
THAT Report EGD-020-07 be received;
THAT staff proceed with finalizing the design of the proposed recreational trail;
and
THAT the project be forwarded for consideration in the 2007 Capital Budget.
12. MASTERPIECE ESTATES SUBDIVISION, PLAN 40M-2036, NEWCASTLE,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD-021-07 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2036; and
THAT Council approve the by-law attached to Report EGD-021-07, assuming
certain streets within Plan 40M-2036 as public highways.
Report #1
-4-
February 12, 2007
13. ORONO SKATE PARK- COLLABORATIVE AGREEMENT
THAT Report EGD-022-07 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative
Agreement between The Orono Amateur Athletic Association, The Municipality of
Clarington, and the Orono Skate Park Committee for the purpose of development
of an Orono Skate Park; and
THAT all partners in the Collaborative Agreement be advised of Council's action.
14. BAYWOOD SUBDIVISION PHASE 2, PLAN 40M-2172, BOWMANVILLE,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD-023-07 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2172; and
THAT Council approve the by-laws attached to Report EGD-023-07, assuming
certain streets within Plans 40M-2172 and 40R-21120 as public highways.
15. COLLABORATIVE AGREEMENT BETWEEN THE KENDAL LIONS CLUB, THE
KENDAL COMMUNITY CENTRE BOARD OF DIRECTORS AND THE
MUNICIPALITY OF CLARINGTON
THAT Report OPD-001-07 be received;
THAT Council authorize the Mayor and Clerk to execute the collaborative
Agreement between the Kendal Lions Club, the Kendal Community Centre Board
of Directors and the Municipality of Clarington for the purpose of undertaking the
Kendal Community Centre kitchen improvement project; and
THAT the Kendal Lions Club, Kendal Community Board and the Ontario Trillium
Foundation be advised of Council's action.
Report #1
-5-
February 12, 2007
16. OSHAWAlCLARINGTON ASSOCIATION FOR COMMUNITY LIVING AND
JOHN HOWARD SOCIETY LEASE AGREEMENTS
THAT Report COD-005-07 be received;
THAT the Lease agreement (Attachment #1 to Report COD-005-07) with the
Oshawa/Clarington Association for Community Living in the amount of $12,382.59
per annum for one (1) year term be approved;
THAT the Lease agreement (Attachment #2 to Report COD-005-07) with the John
Howard Society in the amount of $12,382.59 per annum for one (1) year term be
approved; and
THAT the By-laws attached to Report COD-005-07 marked Attachment #3 and
Attachment #4 be approved authorizing the Mayor and the Clerk to execute the
necessary agreements.
17. VOLUNTEER RECOGNITION
THAT John Schoonderbeek be recognized for his volunteer contributions to the
community and presented with a certificate of merit; and
THAT John Schoonderbeek be nominated for the 2007 Environmental
Achievement Award.
18. PARKING OF RECREATIONAL VEHICLES
THAT staff investigate and report to Committee concerning the parking of
recreational vehicles on residential properties.
Unfinished Business
Cl~gron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-019-07
File #: ZBA 2006-0024
GP(~ -0'7;:)- 07
By-law #:
Date:
Monday, February 5, 2007
Subject:
REZONING TO PERMIT AN ADDITION TO A PLACE OF WORSHIP
APPLICANT: HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-019-07 be received;
2. THAT the rezoning application submitted by Reinders and Reider Ltd. on behalf of Hope
Fellowship Christian Reformed Church be APPROVED;
3. THAT the By-law contained in Attachment 4 be forwarded to Council for ADOPTION;
4. THAT a Zoning By-law amendment for the Removal of Holding (H) be forwarded to
Council at such time all site plan and transportation issues have been resolved; and,
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
/ \~ ~. (I "
Reviewed bY~ ~ V-Jf-C,
Franklin Wu,
Chief Administrative Officer
D vid . Crome, M.C.I.P., R.P.P.
Director of Planning Services
CP/DJC/df
January 30, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-019-07
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Hope Fellowship Christian Reformed Church
1.2 Agent: Reinders and Reider
1.3 Rezoning: To rezone the lands from "Agricultural Exception (A-73)" and
"Agricultural (A)" to permit the expansion of the existing place of
worship.
1.4 Location: 1685 Bloor Street.
2.0 BACKGROUND
2.1 On September 11, 2006, Hope Fellowship Christian Reformed Church submitted
an application to rezone the lands south of the existing church to permit the
expansion' of a place of worship. A site plan application was submitted
simultaneously with the rezoning application to facilitate the construction of a
1608.7 square metre addition.
2.2 The existing building was originally built in 1959 as a public elementary school
but sold to Hope Fellowship Christian Reformed Church in 2003. On September
13,2003 Council approved By-law 2003-113 to permit the existing building to be
used as a place of worship.
2.3 The existing building is currently used for meeting rooms throughout the week.
The addition would include a sanctuary for weekly worship services.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 A public meeting in accordance with the Planning Act was held on January 22,
2007. Cedardale Realty Holdings Inc., the adjoining land owner to the west,
submitted a letter of concern a few days in advance of the meeting and were also
represented at the public meeting by their solicitor Frank Feldman.
3.2 The concerns raised in the letter and at the meeting deal with the fact that the
subject lands together with the abutting lands owned by Cedardale Realty
Holdings Inc. are designated "Light Industrial". The Light Industrial designation
does not permit a place of worship and it is argued by the adjoining neighbours
that the expansion of the church "is not appropriate, is not desirable and does not
represent good planning." The letter went on to state that "planning approval (of
the subject application) will result in the establishment of a large institutional use
(that could include a school component and day care facility) that will significantly
REPORT NO.: PSD-019-07
PAGE 3
jeopardize or limit the development opportunities of my client's lands for the uses
that are currently permitted by the Official Plan."
The letter further notes that based on Ministry of the Environment Guideline
MOEE D6 dealing with incompatible uses, a separation to the church of 70 to
300 metres may be imposed based on uses that would be permitted by the
policies of the existing Light Industrial designation.
4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS
4.1 The property is occupied by a 693 m2 (6970 sq. ft.), former five classroom, single
floor school building. As municipal water and sewers do not service the area, the
school is serviced by a private well and septic system located on the property. A
storage container is located on the east side of the property for temporary
storage.
4.2
Surrounding Uses:
West -
North -
East -
South -
limited existing residential and agricultural
the Courtice Flea Market and limited existing residential
limited existing residential and agricultural
limited existing residential and agricultural
5.0 PROVINCIAL POLICY STATEMENT
5.1 Provincial Policv Statement
The Provincial Policy Statement states that Settlement Areas shall be the focus
of growth promoting efficient land use and development patterns. Planning
authorities shall plan for, protect and preserve employment areas. In addition,
transportation corridors shall be protected to meet current and future needs. The
application conforms to the intent.
5.2 Provincial Growth Plan
The proposal does not conflict with the Provincial Growth Plan.
6.0 OFFICIAL PLAN CONFORMITY
6.1 Durham Reqion Official Plan
The Durham Region Official Plan designates the property "Employment Area"
within the urban boundary of Courtice. Although a place of worship is not
permitted in the Employment Area, policies in the Plan allow for the continuation, .
expansion, or enlargement of uses which do not conform.
REPORT NO.: PSD-019-07
PAGE 4
6.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject property "Light Industrial
Area". Section 11.5.2 states:
'The predominant use of land in the Light Industrial Areas shall be
manufacturing, assembling, processing, fabricating, repairing, research and
development and warehousing. "
6.3 Despite the fact that a school or church is not consistent with the intended use of
the "Light Industrial Area", Section 23.5 concerning Non-Conforming uses states
that it is not possible or desirable to recognize all existing uses in the Official Plan
and provides criteria to be considered prior to passing a by-law to recognize the
continuation, expansion or enlargement of a non-conforming use, or the
variations to similar uses. The application will be reviewed under these policies.
6.4 The church fronts onto Bloor Street. This section of Bloor Street is a Regional
Type 'A' arterial road. Type 'A' arterials are to be designed to efficiently move
large volumes of traffic at an operating speed of 70 kmlhr in Urban Areas. With a
right-of-way width of 36 to 50 metres, access in an urban area is to be limited to
every 200 metres on the road.
6.5 The Clarington Official Plan designates the area north of the subject property,
north of Bloor Street, as "Future Urban Residential". These areas shall only be
used for existing uses or for agricultural purposes until additional residential
lands are required.
7.0 ZONING BY-LAW CONFORMITY
7.1 The location of the existing church is zoned Agricultural Exception (A-73) which
permits a place of worship and ancillary uses. Lands necessary to accommodate
the church expansion are zoned Agricultural (A). Only places of worship which
existed prior to the date of passing of the by-law (September 10, 1984) are
permitted, hence the necessity for the rezoning application.
8.0 AGENCY COMMENTS
8.1 The application was circulated to a limited number of agencies.
8.2 None of the circulated agencies had any objection to the proposed rezoning
application. The Clarington Engineering Services Department, Clarington
Building Division, Regional Works Department, Regional Health Department and
CLOCA all provided comments through the circulation that will be considered
during the site plan approval process.
REPORT NO.: PSD-019-07
PAGE 5
This will include providing a road widening, addressing all stormwater
management issues and further evaluation of the existing septic tile bed.
9.0 STAFF COMMENTS
9.1 Hope Fellowship is proposing to triple the size of the existing 693 m2 building to
2,301.9 m2. Included in the proposal will be enhanced parking, landscaping and
on-site stormwater management. A future reserve septic bed is located south of
the parking lot.
9.2 Designated "Light Industrial" in the Clarington Official Plan, the existing place of
worship does not conform to the intended uses for the area. However the church
enjoys a legal non-conforming status and Council may zone the lands to permit
the extension or enlargement of a legal non-conforming use. The expansion of
the place of worship would provide a service to the community of Courtice and
make use of existing infrastructure. The subject site is close to transportation
links and more important, in close proximity to future residential neighbourhoods
located immediately on the north side of Bloor Street.
9.3 The consultant and solicitor for the abutting land owner to the west have raised
the issue of land use compatibility of a place of worship in an industrial area.
Ministry of Environment Guideline D-6 was identified as providing specific criteria
that should this zoning be approved it would impact the future use of surrounding
industrially designated lands.
9.4 The Ministry of Environment Guidelines deal with incompatible land uses. It
recognizes that impacts from industrial sources relate to operating and
maintenance procedures of an industrial facility rather than general land use
designation. The actual area of adverse influence from an industrial operation is
site specific. The Ministry Guidelines identify what is considered a sensitive use,
as well as three (3) levels of industrial uses. In the absence of site-specific
information the guidelines recommend separation distances ranging from 20 to
300 metres between incompatible uses.
9.5 The subject lands were historically used as a public elementary school, which the
guideline identifies as a sensitive land use. The rezoning three (3) years ago to
allow a place of worship on the lands legalized another use, considered a
sensitive land use. Attachment Number 3 depicts the impact of the 70 and 300
metre buffers, Class II and Class III category of uses respectively, from the
current zone limits of the subject property as well as from the limits of the
designated 'Future Urban Residential' lands to the north. Existing residences,
regardless of land use designation would have a similar impact on future
industrial land uses.
REPORT NO.: PSD-019-07
PAGE 6
9.6 Class I category of uses (20 metre buffer) include small scale industrial facilities
with a self contained plant or building producing or storing a packaged product.
This includes uses similar to electronic manufacturing and repair; furniture repair;
auto parts supply; and a laundry and linen supply. A number of uses permitted in
the "Light Industrial (M1) Zone" would fit into this category.
Class II category of uses (70 metre buffer) includes some outside storage, an
open process and frequent movement of products and/or heavy trucks. Uses
may include magazine printing, paint spray booths, manufacturing of dairy
products and dry cleaning services.
9.7 The policies allow the required separation between incompatible uses to be
measured from the zone setback as opposed to the property line. Ancillary land
uses such as parking areas may also be used in calculating the required setback
between incompatible land uses. In drafting a zoning by-law amendment for the
place of worship, a rear yard setback for the church building has been
established to allow a possible building envelope that roughly coincides with the
existing zone boundary of the original school site (currently zoned A-73). This
would allow land south of this point to be used for parking or other ancillary uses
that are not considered sensitive. This approach does not increase the area of
impact on adjacent industrially designated properties while at the same time
allowing for the proposed expansion to the existing building.
9.8 While potentially limiting future expansions for the place of worship, this
approach provides sufficient land with the setback to accommodate future growth
needs once full municipal services are available to the lands. This proposal has
been reviewed with representatives of Hope Fellowship Christian Reformed
Church. No objections to this proposed amendment were raised
9.9 The Clarington Official Plan provides for a future collector road to extend east-
west in an area near the south end of the site. The woodlot on the adjoining
property would lead to an alignment that would require the road to be located on
the subject property. This will allow for the future development of the other lands
owned by the church to the east. It is recommended that the southerly 45 metres
of the subject property remain in the 'A' zone, with the precise collector road
alignment to be determined by future studies. A servicing agreement would
provide for transfers to dedicate the land to the Municipality at a nominal cost and
address the issue of road construction costs. This would be undertaken at the
time of the site plan approval process and is a condition for lifting the holding
symbol.
9.10 The expansion of the existing church with setback restrictions as described
above should not unreasonably hinder future development of adjacent "Light
Industrial" lands. There is no increase in the area where the "sensitive use" is
currently permitted.
REPORT NO.: PSD-019-07
PAGE 7
9.11 It is staffs opinion that the enlargement of the non-conforming place of worship
is desirable and consistent with the policies of the Official Plan provided that the
future road alignment is secured.
10.0 RECOMMENDATIONS
10,1 Based on the comments in this report, it is respectfully recommended that the
rezoning application submitted by Hope Fellowship Christian Reformed Church
be APPROVED and that the attached Zoning By-law be forwarded for
ADOPTION by Council.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Collector Road Context Map
Attachment 3 - Separation Distances
Attachment 4 - Zoning By-law
List of interested parties to be advised of Council's decision:
Hope Fellowship Christian Reformed Church
Glenn Reinders
Rob Freeman
Frank Feldman
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Attachment 4
To Report PSD-019-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a by-law to amend By-law 64-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 64-63, as amended, of the former Town of Newcastle in
accordance with application ZBA 2006-0024 to permit the expansion of a place of
worship;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4.73 "AGRICULTURAL EXCEPTION (A-73) ZONE" is hereby
amended by deleting 6.4.73 in its entirety and replacing it as follows:
"Notwithstanding Sections 6.1, 6.2 and 6.3 to this By-law, those lands zoned A-
73 on the Schedules to this By-law may only be used for a place of worship and
ancillary uses subject to the following regulations:
d)
e)
f)
Lot Area (minimum)
Lot Frontage (minimum)
Yard Requirements (minimum)
i) Front Yard
ii) Interior Side Yard
iii) Rear Yard
Lot Coverage (maximum)
Building Height (maximum)
Landscaped Open Space (minimum)
1.5 ha
90 metres
a)
b)
c)
10 metres
10 metres
150 metres
30 percent
12 metres
30 percent"
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from: "Agricultural (A)", to "(Holding) Agricultural
Exception ((H)A-73) Zone" as illustrated on the attached Schedule "A' hereto.
3. Attachment "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007- ,
passed this day of .2007 A.D.
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Jim Abemeth)', Mayor
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Zoning To Remain "A-73"
Zoning Change From "A" To "(H)A-73"
Zoning To Remain "A"
Patti L Barrie. Municipal Clerk
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SUMMARY OF BY-LAWS
February 12, 2007
BY-LAWS
2007 -041 Being a by-law to appoint Members to the Board of Management
for the Newcastle Central Business Improvement Area (Approved
by Council on January 29, 2007)
2007-042 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Halminen Homes) (Item 2 of Report #1)
2007-043 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Hope Fellowship Christian Reformed Church) (Unfinished
Business)
2007 -044 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (The Kaitlin Group) (Item 6 of Report #1)
2007-045 Being a by-law to amend Zoning By-law 2005-109 of the
Corporation of the Municipality of Clarington (Item 7 of Report #1)
2007-046 Being a by-law to amend By-law 91-58, as amended, being a
By-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington (Item 8 of Report #1)
2007-047 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
(Item 12 of Report #1)
2007-048 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
(Item 14 of Report #1)
2007-049 Being a by-law to establish certain lands as public highways,
assume them for public use and name them (Item 14 of Report #1)
2007-050 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Oshawa Clarington Association
for Community Living, Oshawa, Ontario, to enter into agreement
for the lease space at 132 Church Street, Bowmanville, ON
(Item 16 of Report #1)
OTHER BUSINESS
CLariggton
MEMO
TO: Mayor Abernethy and Members of Council
FROM: Patti L. Barrie, Municipal Clerk
DATE: February 8,2007
RE: COUNCIL BOARD AND COMMITTEE APPOINTMENTS
The fOlloWing appointments are required to be made by Council:
Municipal Heritage Committee - (One member)
Orono Cemetery Board (One Council member)
Santa Claus Parade Committee - (One Council member)
Kendal Hall Board - (One Council member)
Newtonville Hall Board - (One Council member)
Solina Hall Board - Councillor Robinson (Two Council members)
Tyrone Hall Board - (Two Council members)
Bowmanville BIA - (One Council member)
Newcastle BIA - (One Council member)
Orono BIA - (One Council member)
Darlington Site Committee - (One Council member)
St. Marys Cement Advisory Committee - (One Council member)
Bethesda House - (One Council member)
Visual Arts Centre - (One Council member)
Youth Committee - (One Council member)
/
)
Patti L. arrie, A.M.C.T.
Municipal Clerk
pb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
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Delegation of Libby Racansky
Hand-out February 12, 2007
Council Involvement and Commitment
Council adopted new open Policy on appointment and selection of members of Boards
and Committees, last month. The main concern of Council was that there was no input on
appointment or selection of members from the municipal staff. Council also requested
that that screening criteria would be based on the following:
Education
Knowledge of the focus of the committee
Experience
Ability
Past Community Involvement
Commitment
Many other people and myself have sadly learned that none of these new criteria or the
input from the staff were looked at during Council selection of members.
I am most concerned about 407 Committee where two members for the Ward I (who are
actually neighbours) from very limited rural area around Pebblestone Rd. were selected
to give Council advice on EA process for all links.
This limited selection will exclude the large agricultural community located north of
Pebblestone, affected residents of urban area, residents living in rural area south of Lake
Iroquois Shoreline and commercial and industrial businesses located around Baseline and
South Service Roads.
Because of this gap in representation of community, I will be appearing before you from
time to time to inform you on issues of the area without any representation on this
Committee.
Previous Council made a resolution, as I am sure that Councillors Trim, Robinson and
Foster will remember, requesting MTO to re-examine 407 links and to incorporate new
information on sensitivity of this area into study. Also, later on, based on the advice of
the 407 Advisory Committee (of which Councillor Hooper was a member), Committee
and Council were concerned about these issues:
1. Harmony-Farewell Iroquois Beach and Maple Grove Wetland Complexes and the
east swing of the main hwy running through the ORM
2. Communities/ properties
3. Agriculturalland
4. Our very limited industrial/commercial businesses
This Council, if they care about protection and very survival of our community, should
reiterate previous Council position by requesting, in writing, the Project Team and MTO
to do so, stressing on the above mentioned points.
Delegation of Libby Racansky
Hand-out February 12, 2007
Whitby, Ajax and Pickering are very active in this process, as Councillors Trim and
Novak could notice from the last Regional Joint Works and Planning Committee
meeting. They are trying to address all issues to make life of their citizens easier..
Some of the above mentioned issues in Clarington were not addressed in Project Team
studies. I have send you an email containing all these issues regarding 407 links. Council
should request the Project Team to update the information on the links that is missing in
their documents or the information that was not addressed. Project Team is being
pushed to rush through this process and that may be the reason why some
information can be missed. Tonight, I will just mention few of them. These are:
a): Species at Risk, on Map N04; these are under the Provincial and Federal protection
and as such this information should be at least acknowledged by the Project Team ifnot
displayed on this map
b) The information on contaminated and waste sites to reflect our OP Map C 1 and
other municipal information. To this point, Council should request a written agreement
from the Proj ect Team that in case the link will run through these areas, that the
Municipality will choose the consulting company to decommission and rehabilitate
these sites prior to construction and that the Province/and or the owners, not our
Municipality would be financially responsible for this process. All this would ensure
community health and safety.
c) Interchange along the Hwy 401. Because of tied closeness of South Service Road to
Hwy 401 in Courtice, Municipality should request that the public access to these
scattered existing businesses and our new Energy Park along this road would not be
hindered by the interchange.
I can show you design done by the Project Team, as per my request, of the Stevenson Rd.
interchange in Oshawa that is being built now. It is only a simple cloverleaf interchange
for 4 lane road, but it encompasses 16 ha of precious land.
Council should also request Province with help of federal government to extend the Go
Train at least to east Oshawa (site located next to the Holiday Inn on Bloor St.) prior to
construction ofhwy 407 in Clarington so that the Growth Plan policy Transit First can
be applied.
This is your last chance to comment on this issue. Final product of this EA that
could address our transportation needs will be your legacy to our future
generations. Whitby, Ajax and Pickering are very active in this process and they are
trying to address all the issues to make life of its citizens easier. Please, help us now.
On top of the 407 issues, I have additional request:
We all know that our natural resources will be greatly impacted by this highway,
especially by the link and by future development. Hectares of old growth forest or
Delegation of Libby Racansky
Hand-out February 12, 2007
forested areas will be removed, depending on the route selection or design of
development. Many other natural areas in Clarington were degraded. This Council should
seriously consider, as a commitment to our community, establishment of the
Environmental Advisory Committee.
This Committee could advice Council on how to mitigate negative climate change effects
and other related issues. Town of Ajax has such Committee and City of Oshawa will
become next community that would have this Committee.
It is not enough that the federal and provincial government will impose some
requirements on industry to lessen negative impacts on our climate. Local and regional
government has to help by the protection of natural resources that are the only device that
absorb the undesirable emissions and that regulate our climate. We have to react and
adapt to so called "inconvenient truth of climate change" that is creeping on us slowly, or
perhaps faster - we don't know. We should act now before it will be too late to protect
our only gem - elarington.