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Home My WebLink About03/19/2007 ""']' 'iii. , f" ' -"'- (J3rln~IJJll Energizing Ontario '-' DATE: MONDAY, MARCH 19,2007 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 February 26, 2007 PRESENTATIONS a) Brian Lemon, CEO, and Marion Saunders, Chair, Board of Trustees, Lakeridge Health - Request for Funding DELEGATIONS a) b) c) d) e) f) Linda Lyons, Chair, 2007 Women of Distinction Committee and Board Member, YWCA Durham - 25th Annual Women of Distinction Awards Ron Hammond - Application To Permit An Automotive Salvaging/Recycling Operation With Screened Outdoor Storage Abe's Auto Recycling - (Item 3 of Report #2) Ron Armstrong - Application To Permit An Automotive Salvaging/Recycling Operation With Screened Outdoor Storage Abe's Auto Recycling - (Item 3 of Report #2) Rob Gerber - Proposed Tax Increase Gerry Johnston, Chair of the Touching Lives, A New Door to Emergency Care Campaign - Touching Lives, A New Door to Emergency Care Campaign Norma Lewis, President of the Association of Hospital Volunteers, Bowmanville - Touching Lives, A New Door to Emergency Care Campaign CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - March 19, 2007 g) Representative from Ridge Pine Park (Wilmot Creek) - Touching Lives, A New Door to Emergency Care Campaign h) Physician Representative - Touching Lives, A New Door to Emergency Care Campaign i) Brian Purdy, Co-Chair - Local Business Committee - Touching Lives, A New Door to Emergency Care Campaign j) Representative from The Kaitlin Group - Touching Lives, A New Door to Emergency Care Campaign k) Richard Olsen, VP, St. Marys Cement - Touching Lives, A New Door to Emergency Care Campaign I) Representative from OPG - Touching Lives, A New Door to Emergency Care Campaign m) Dave Clarke, VP - Veridian; President - Clarington Board of Trade - Touching Lives, A New Door to Emergency Care Campaign n) Garth Cochrane, Business Manager - Local 463 Plumbers, Steamfitters & Welders - Touching Lives, A New Door to Emergency Care Campaign 0) Donna Metcalf-Woo - Touching Lives, A New Door to Emergency Care Campaign p) Jim Richards - Public Vote on Direct Election of the Regional Chair q) Kerry Meydam - Public Vote on Direct Election of the Regional Chair r) Sally Thurlow - Public Vote on Direct Election of the Regional Chair COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Highway 407 Community Advisory Committee dated February 23, 2007 I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated March 6, 2007 I - 3 Minutes of the Newcastle Memorial Arena Management Board dated February 13, 2007 I - 4 Minutes of the Orono Cemetery Board of Directors dated February 19, 2007 Council Agenda - 3 - March 19, 2007 I - 5 Vern White, Chief of Police, Durharn Regional Police Service - Court Security Funding I - 6 Town of Whitby - Highway 407 East Environmental Assessment Route Alternatives and Initial Screening I - 7 Torn Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) - Farmers' Christmas Parade of Lights I - 8 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) - Direct Election of the Regional Chair I - 9 Ann Merritt, Assistant Deputy Attorney General, Court Services Division, Ministry of the Attorney General - Shortage of Justices of the Peace 1-10 Association of Municipalities of Ontario (AMO) Member Communication - HealthForce Ontario Recruitment Centre Receive for Direction D - 1 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre - Road Closures for 2007 Events D - 2 William Stratton, Chair, Day of Mourning Committee, Durham Region Labour Council - Proclamation of "Day of Mourning" D - 3 Cheryl Fowler, Principal, Central Public School - World Harmony Torch Run D - 4 Sally Barrie, Administrator, Community Care Durharn - Community Care Tag Days D - 5 John Durant, Associate Executive Director, Child Find Ontario - 16th Annual Green Ribbon of Hope ™ Campaign D - 6 David Staples, Parade Chairman, Durham Central Fair (Orono)- Durham Central Fair D - 7 Edmond Vanhaverbeke - Resignation from the Samuel Wilmot Nature Area Management Advisory Committee D - 8 John Scanlan - Resignation as Pound Keeper D - 9 Marsha Scott, Administrator, White Cliffe Terrace Retirement Residence - Renaming of Cherry Blossom Parkette Council Agenda - 4 - March 19,2007 D - 10 Jacques Perreault, Manager, Environmental Health, Region of Durham - Sewage System Management Agreement D - 11 Brent Farr, Executive Director, Community Care Durham - Inquiry into Properties for Sale D - 12 Ernest Bu rnie, 1st Vice President, Wilmot Creek Homeowners Association, (WCHA) - Request for Stop-Whistle Designation D - 13 Linda Gasser - Direct Election of the Regional Chair D - 14 Addie Gerrits, Courtice Flea Market Project Manager - Music Venue at Courtice Flea Market D - 15 Michael Power, President, Northwestern Ontario Municipal Association and Chief Spokesperson, Ontario Forestry Coalition, (OFA) - Protection of Species at Risk Act D - 16 Gerry Mahoney, President, South East Clarington Ratepayers Association (SECRA) - Port Granby Waste Site MOTION REPORTS 1. General Purpose and Administration Committee Report of March 2, 2007 2. General Purpose and Administration Committee Report of March 5, 2007 3. Report CAO-04-07 - Hospital Request for Funding (To be distributed under Separate Cover) 4. Report CAO-05-07 - Advertising Policies UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Cl!!!mgron Council Meeting Minutes FEBRUARY 26, 2007 Minutes of a regular meeting of Council held on February 26,2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson CouncillorW. Woo Councillor C. Trim (on Regional Business) Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana, attended until 8:15 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 8:15 p.m. Director of Corporate Services, M. Marano, attended until 8:15 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:15 p.m. Fire Chief, G. Weir, attended until 8: 15 p.m. Manager of Park Development, P. Windolf, attended until 8:15 p.m. Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Robinson indicated he would be stating a pecuniary interest with respect to the Notice of Motion concerning the loan to the Durham Central Agricultural Society for upgrades at the Orono Fairgrounds. Councillor Hooper indicated he would be stating a pecuniary interest with respect to the decision of the Ontario Municipal Board regarding the appeal by Loblaws Properties Ltd. of Zoning By-law 2006-047- Report PSD-023-07 Item 1 (a) of Report #1. Council Meeting Minutes - 2- February 26, 2007 MINUTES Resolution #C-095-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on February 12, 2007, be approved. "CARRIED" Resolution #C-096-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the agenda be altered to hear the delegation of Dr. Benjamin Fuller, Memorial Hospital Foundation Bowmanville, prior to conducting the Development Charge hearing. "CARRIED" DELEGATIONS Gerry Johnston, Vice Chair, Memorial Hospital Foundation - Bowmanville and Chair, Touching Lives Campaign, introduced Dr. Benjamin Fuller, Medical Director- Lakeridge Health Corporation, Department Chief - Emergency Medicine and Chair, Touching Lives Campaign to Council concerning the fundraising effort by the Memorial Hospital Foundation in support of the redevelopment of Emergency Services at Bowmanville Hospital. Dr. Fuller conducted a PowerPoint presentation outlining the "Touching Lives - A New Door to Emergency Care Campaign" to support the redevelopment of Bowmanville Hospital's Emergency Centre, Same Day Surgery, Endoscopy, Mammography and Intensive Care Unit. Dr. Fuller advised that Bowmanville's Emergency Department was originally built to serve 25,000 patients per year noting close to 50,000 patients currently are seen in the Department annually. The redevelopment plan will address overcrowding and lack of privacy, inappropriate use of space, increased demand on acute health care services and surgery from the growing seniors population, assist with the management and isolation of infectious diseases and assist with physician recruitment. The cost of the project is estimated to be at least $10 million and the Foundation is seeking support from the entire community. Council Meeting Minutes - 3 - February 26, 2007 Resolution #C-097-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the rules of procedure be suspended to allow for the delegation to continue beyond the ten minute limit. "CARRIED" Dr. Fuller requested Council to provide a one-time investment in the amount of $2 million over a four-year term for the capital improvements. In response to questions, Dr. Fuller stated he was not able to release donor information at the present time but stated that he is quite impressed with what has been pledged to date. Dr. Fuller also confirmed that improvements to the facilities will enhance streams of flow in the Department and the infrared technology in the sinks and bathrooms will be of assistance from an infectious disease point of view. In response to questions, Gerry Johnston confirmed that Federal and Provincial funding has been requested but they have been advised that no funding is available at this time. In response to a further question, Gerry Johnston stated the plans would be submitted to the municipality for review in the next three weeks. DEVELOPMENT CHARGE COMPLAINT HEARING In accordance with Section 20 (4) of the Development Charges Act, a hearing was held to consider the complaint filed by Mr. R. Sivakumar, Eastman Steve's Holdings Ltd. Ed Aru, addressed Council on behalf of Mr. R. Sivakumar, Eastman Steve's Holdings Ltd. stating he has been involved in the petroleum industry for many years across the Province and is familiar with Mr. Sivakumar's property. He stated it is very difficult for an independent operator to stay in business noting Mr. Sivakumar is spending a great deal of money to improve the site and has taken the initiative to put up a canopy, install a car wash and open a convenience store. Mr. Aru expressed concern with the development charges imposed as other areas of the Province do not charge these levies. He requested Council to consider waiving the fees. Council Meeting Minutes - 4 - February 26, 2007 Resolution #C-098-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Mr. Aru on behalf of Mr. R. Sivakumar be received; and THAT this matter be referred to the Treasurer for preparation of a report to be submitted to the General Purpose and Administration Committee. "CARRIED" DELEGATIONS Ian Macnab, Chief Administrative Officer, Kawartha Conservation addressed Council presenting their "Managing Our Environment" Report which provides an overview of environmental initiatives undertaken by the Kawartha Watershed over the past three years. Mr. Macnab highlighted key environmental projects within the watershed and outlined the advisory services specific to the Municipality of Clarington. Mr. Macnab expressed appreciation to Council for their interest and support of the Conservation Authority. A copy of the "Managing Our Environment" Report was distributed to all Members of Council. Mark Canning, Oshawa Durham S~phony Orchestra (OSDO), addressed Council advising 2006 - 2007 marks the 50 Anniversary Concert Season of the Oshawa Durham Symphony Orchestra. Mr. Canning stated under the direction of Marco Parisotto, the Orchestra has become one of the best National and Regional Orchestras attracting much attention. As a result, a permanent performing arts centre for the Orchestra is necessary. Mr. Canning advised the Orchestra is funded through donations and fund raising events and requested Council support the Orchestra's "Silver Rain 2007" Ball to be held in May 2007. In response to questions, Mark Canning stated the Orchestra has announced a permanent capital fundraising campaign to build a performing arts centre and through partnerships and technology it was their vision to make music accessible to all members of society. Chigi Cauchon, owner of 50 East Beach Road and Michael Melling, Davies Howe Partners, addressed Council concerning Item 12 of Report #1 - Reasons for Decision of the Inquiry Officer Under the Expropriations Act Respecting the Proposed Expropriation of 50 East Beach Road. Ms. Cauchon stated the decision to expropriate her home wili negatively impact the quality of life for her family and while they are trying to make the best of the situation, the compensation received will not replace their home. She requested Council not to expropriate the entire property, but to leave them with approximately 36% of the land. Michael Melling addressed concerns in the staff report and proposed an alternative way to proceed. He stated his clients want to retain the northern 36% of the property for future investment. Mr. Melling stated he Council Meeting Minutes - 5 - February 26, 2007 could find no support that expropriating the entire property would be more advantageous as the land was not needed for the park or road. He requested Council to reject the staff recommendations and enter into an agreement to allow his clients to retain the northern 36% of the land as this would be the most cost-effective solution for the municipality. , COMMUNICATIONS Resolution #C-099-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 4 and I - 5. I - 1 A.01.CL 1-2 A.01.CL 1-3 A01.GE "CARRIED" Minutes of the Clarington Accessibility Advisory Committee dated February 15, 2007. Minutes of the Clarington Museum and Archives Board dated February 1, 2007. Kathy Stranks, Manager, Chair and CAO's Office, Toronto and Region Conservation Authority (TRCA) advising Council that on January 26,2007, the Toronto and Region Conservation Authority passed the following resolution pertaining to the Ministry of the Environment's "Discussion Paper on Source Protection Committees under the Clean Water Act, 2006": 'THAT the appended staff report entitled Comments by Toronto and Region Conservation Authority as Lead of the Proposed CTC Source Protection Watershed Region and on Behalf of the CTC Partner Conservation Authorities (Credit Valley Conservation and Central Lake Ontario Conservation Authority) on the Ministry of the Environment's "Discussion Paper on Source Protection Committees under The Clean Water Act, 2006", be endorsed; THAT the comments be forwarded to Conservation Ontario and provided to the chair and mayors of the CTC (Credit Valley Conservation, Toronto and Region Conservation Authority, and Central Lake Ontario Conservation Authority) watershed region municipalities; Council Meeting Minutes 1-6 COO.GE 1-4 T.05.HY - 6 - February 26, 2007 AND FURTHER THAT the Toronto and Region Conservation Authority (TRCA) on behalf of the CTC watershed region advise the Ministry of the Environment directly of its intent to request an exemption regarding the size of the CTC Source Protection Committee (SPC) to increase the number of representatives to enable adequate representation of the municipalities within the region." Karen Spearing, Secretary to the Board of Directors, Durham College of Applied Arts and Technology extending an invitation to submit the names of qualified candidates for consideration for appointment to the Board of Governors for a term beginning September 1, 2007. Candidates should possess qualifications in one or more of the following areas of expertise: financial sector, leadership, community involvement and diversity inclusive of the community. Letters of interest and resumes must be received by March 9, 2007. P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on February 14, 2007, the Region of Durham adopted the following resolution pertaining to the Highway 407 East Completion Environmental Assessment: "a) THAT the presentation by the Ontario Ministry of Transportation on the Highway 407 East Completion Environmental Assessment Project be received; b) THAT the Province, once again, be urged to accelerate the completion of the Highway 407 East COlTlpletion Environmental Assessment and its implementation, as a critical missing piece of Provincial highway network required for Durham to succeed and grow into a complete community; c) THAT the Ontario Ministry of Transportation be requested to ensure that the preferred route for the extension can accommodate all essential interchange connections with the Regional road network, including the future interchange of Highway 401 with Lakeridge Road; d) THAT the Ontario Ministry of Transportation be requested to address the following matters in their assessment and evaluation of the short-listed route alternatives: Council Meeting Minutes - 7 - February 26, 2007 i) need for an effective integration of the remaining land parcels abutting, and around, the route alternatives, into the Regional land use structure. As such, the evaluation process should have regard for the development potential of the remaining land parcels, in terms of matters such as size, compatibility with adjacent land uses, arterial/local roadway access, and infrastructure requirements; and ii) impacts of displacing any of the existing roads, including: . traffic capacity, functional and access impacts due to the displacement, and the need for any new facilities (e.g. service roads or parallel new arterial roads) to offset the impacts; . financial implications to the Region or area municipalities of such new facilities; . impacts of potential tolls on the road network; and . impacts on farm operations, including movement of farm goods. e) THAT a copy of Joint Report #2007-J-2 be provided to the Ontario Ministry of Transportation as the Region's detailed comments on the ongoing Highway 407 East Completion Environmental Assessment; and f) THAT a copy of Joint Report #2007-J-2 be forwarded to the area municipalities and Conservation Authorities." Resolution #C-1 00-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the Region of Durham concerning the Highway 407 East Completion Environmental Assessment be endorsed. "CARRIED" Council Meeting Minutes 1-5 COO.GE - 8 - February 26, 2007 Karen Spearing, Secretary to the Board of Directors, University of Ontario Institute ofTechnology (UOIT) extending an invitation to submit the names of qualified candidates for consideration for appointment to the Board of Governors for a term beginning September 1, 2007. Candidates should possess qualifications in one or more of the following areas of expertise: financial sector, public service, business, leadership, community involvement and diversity inclusive of the community. Letters of interest and resumes must be received by March 9, 2007. Resolution #C-101-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Council submit the name of Franklin Wu, Chief Administrative Officer, for consideration for appointment to the Board of Governors of the University of Ontario Institute ofTechnology (UOIT). "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-1 02-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Correspondence Items be approved as per the agenda, with the exception of Item D - 7. D - 1 M02.GE "CARRIED" Sharon Rajabi, President, Teachers of English as a Second Language Association of Ontario (TESL), an Ontario non-profit organization offering second language education to immigrants, refugees, citizens and visitors wishing to improve their ability to communicate in English, requesting Council to once again take part in TESL's Ontario-wide initiative and declare the week of November 18 to 24, 2007 as English as a Second Language Week in Clarington. (Proclaimed) Council Meeting Minutes - 9 - February 26, 2007 0-2 T07.GE 0-3 M02.GE 0-4 M02.GE P11.GE P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that the Region of Durham, at a meeting held February 14, 2007, passed the following resolution: "a) THAT the Accessible Pedestrian Signals Policy be approved; and b) THAT a copy of Report No. 2007-W-10 of the Commissioner of Works be forwarded to the local area municipalities, the Durham Regional Accessibility Advisory Committee, and the Canadian National Institute for the Blind." (Correspondence forwarded to the Clarington Accessibility Advisory Committee for information) Lindsay Russell, Contact Guider, 2nd Courtice-North Sparks Unit, Girl Guides of Canada, requesting approval for the Girl Guiding District of North-Courtice to hold a Yellow Fish Road event, a community awareness program focusing on water conservation, in the subdivision on the north-west corner of Trulls Road and Nash Road on May 5, 2007. The program involves the painting of yellow fish beside the storm drains and delivering pamphlets created by Trouts Unlimited to homes in the subdivision. The Guides are also requesting the use of 70 vests and 15 pylons to help participants be more visible while they paint. (Correspondence referred to the Director of Engineering Services) Jo-Anne McFarland, Clarington Polar Bear Swim Committee, advising of the success of the Annual Polar Bear Swim in raising $13,500 over the past several years ($4,300 in 2006 alone) towards funding pediatric liver disease research and thanking Council for their continued support. She is requesting permission to install a banner across downtown Bowmanville in late November/early December 2007 following the Santa Claus Parade to increase public awareness for the annual fundraising event. (Installation of banner approved and Veridian to be advised) Council Meeting Minutes 0-5 D.09.MA D.14.MA 0-6 M04.GE 0-7 C10.GE - 10- February 26, 2007 Yusuf Moolla, forwarding correspondence in opposition to the application to amend the Official Plan and Zoning By-law 84-63 submitted by Martin Road Holdings Ltd. to permit a Tim Horton's restaurant with drive-through facility, a convenience store, and a car wash on the north-west corner of Regional Road No. 57 and Aspen Springs Drive as he feels the development will negatively affect the quality of life for present and future residents and expressing concern with the impact of noise and traffic congestion in the area. (Correspondence referred to the Director of Planning Services) Mary McCaw forwarding correspondence in opposition to the construction of a Skateboard Park at the Courtice Community Complex as she feels the park will adversely affect the existing residential development abutting the proposed site; advising of current problems area residents experience with youth trespassing, littering, vandalizing and using foul language; and, requesting Council to reconsider the location of the facility. (Correspondence referred to the Director of Engineering Services) Joan Thomson, City Clerk, City of Stratford, advising Council that the City of Stratford, at a meeting held December 11, 2006, passed the following resolution: "1. That Council does support the ideals and purpose of rent-to-own, building of more co-operative housing and similar models of housing that integrate people into all levels of society; 2. That the City of Stratford shall request of all levels of Government to increase funding to shelters for women and children escaping violence and abuse; 3. That the City of Stratford shall request the Federal Government to set an actual "poverty line" based upon the basic living needs of an individual, a couple, a family with two and then four children within the Country of Canada; 4. That the City of Stratford shall further request that the Federal Government review the taxation of seniors and low-income earners living at or below the "poverty line"; 5. That the City of Stratford shall request all levels of Government to create more support systems for low income seniors pertaining to property taxes, enabling them to remain in their own homes; Council Meeting Minutes - 11 - February 26, 2007 6. That the City of Stratford shall request that all level of Government honour their commitments, past and present, to alleviate the situation immediately and that Federal and Provincial members of Parliament and also AMO be asked to provide their support of these resolutions." Resolution #C-1 03-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the City of Stratford concerning increased funding and support systems for low-income earners, victims of abuse and seniors be endorsed 'in principle'. "CARRIED" MOTION NOTICE OF MOTION Councillor Robinson stated a pecuniary interest with respect to the loan to the Durham Central Agricultural Society as he is a paid employee of the Durham Central Agricultural Society. Councillor Robinson vacated his chair and refrained from discussion and voting on the matter. Resolution #C-104-07 Moved by Councillor Hooper, seconded by Councillor Foster WHEREAS a total of $27,000 was paid in July 1995 as an interest free loan to the Durham Central Agricultural Society for electrical upgrades and bleachers at the Orono Fairgrounds per Resolution GPA-481-05; WHEREAS the purpose of the upgrades was to accommodate the Ontario Rodeo Championships as a tourist and economic development attraction; WHEREAS the Ontario Rodeo Championships did not return to this venue; WHEREAS the Durham Central Agricultural Society repaid $16,000 over several years even though the benefit of the event was not received by the DCAS; NOW THEREFORE BE IT RESOLVED THAT the balance of the loan to the Durham Central Agricultural Society of $11 ,000 be forgiven and the $11,000 be funded from the General Capital Reserve. "CARRIED" Council Meeting Minutes - 12- February 26, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report - February 19, 2007. Resolution #C-105-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of February 19, 2007 be approved, with the exception of Items #1(a), #2(b) and #12. "CARRIED" Resolution #C-106-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Item #12 of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Councillor Hooper stated pecuniary interest with respect to the decision of the Ontario Municipal Board regarding the appeal by Loblaws Properties Ltd. of Zoning By-law 2006-047 as he is the former Chair of the Bowmanville Business Improvement Area. Councillor Hooper vacated his chair and refrained from discussion and voting on the matter. Item #1 (a) Resolution #C-107-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-023-07 be received for information. "CARRIED" Council Meeting Minutes - 13- February 26, 2007 Item #2(b) Resolution #C-1 08-07 Moved by Councillor Novak, seconded by Councillor Foster WHEREAS at its meeting held on February 14,2007, the Regional Municipality of Durham passed a resolution urging the Government of Ontario to pass Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; AND WHEREAS since 1974, all area municipalities within the Regional Municipality of Durham have been well served with the current practice; AND WHEREAS the current practice enhances the democratic process by allowing any qualified elector within the Regional Municipality of Durham to participate in the process by virtue of qualification only: NOW THEREFORE BE IT RESOLVED THAT the Minister of Municipal Affairs and Housing be advised that the Council of the Municipality of Clarington vehemently opposes the passage of Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; and THAT a copy of this resolution be forwarded to John O'Toole, MPP, the Regional Municipality of Durham and all area municipalities within the Region requesting endorsement, FORTHWITH. "MOTION CARRIED ON THE FOllOWING RECORDED VOTE" Council Member Yes No Declaration of Absent Pecuniarv Interest Councillor Foster .y Councillor Hooper .y Councillor Novak .y . Councillor Robinson .y . Councillor Trim .y Councillor Woo .y . Mayor Abernethv .y Council Meeting Minutes - 14- February 26, 2007 UNFINISHED BUSINESS Resolution #C-1 09 -07 Moved by Councillor Novak, seconded by Councillor Foster THAT Dr. Benjamin Fuller and Gerry Johnston, Memorial Hospital Foundation Bowmanville be thanked for their presentation; THAT the request for $2 million over four years be referred to the 2007 budget discussion; and THAT Dr. Benjamin Fuller and Gerry Johnston, Memorial Hospital Foundation Bowmanville be advised of Council's decision. "CARRIED" Resolution #C-110-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Ian Macnab, Kawartha Conservation be thanked for his presentation. "CARRIED" Resolution #C-111-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Mark Canning, Oshawa Durham Symphony Orchestra be thanked for his presentation and that the information provided be received for information. "CARRIED" OTHER BUSINESS Councillor Novak expressed appreciation to sponsors for the 4th Annual Clarington Winter WonderLearn held February 24, 2007, at the Courtice Commu nity Complex. Council Meeting Minutes - 15 - February 26, 2007 Resolution #C-112-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT 'he meeting be "closed" for consideration of a legal matter. "CARRIED" The meeting resumed in open session at 8:31 p.m. REPORTS Report #1 - General Purpose and Administration Committee Report - February 19, 2007. Item #12 Resolution #C-113-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Report PSD-025-07 be received and approved; THAT Council as the approving authority under section 5(1) of the Expropriations Act having considered the Inquiry Officer's Reasons for Decision and recommendations including his Finding number 4, dated January 2,2007, determine that the Owners of 50 East Beach Road should not be given the choice of retaining the portion that will be situated on the north side of the to be realigned East Beach Road comprising the northerly approximate 36% of the area of 50 East Beach Road for the reasons set out in Section 2 of Report PSD-025-07; THAT a by-law be passed to approve the proposed expropriation of the "Lands" comprising the whole of 50 East Beach Road which are more particularly described in Attachment 3 to Report PSD-025-07, for the purposes of a district park; THAT a by-law be passed to authorize the Mayor and the Municipal Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by section 8(3) of the Expropriations Act (Attachment 7 to Report PSD-025-07); THAT the Notice of Decision and Reasons for Decision of Council contained in Attachment 7 to Report PSD-025-07 approving the proposed expropriation of the Lands for the purposes of a district park be approved and the Municipal Clerk be authorized to serve a copy of them on all parties as required by section 8(2) of the Expropriations Act; Council Meeting Minutes - 16 - February 26, 2007 THAT a by-law be passed to expropriate the Lands for the purposes of a district park pursuant to section 6 of the Municipal Act, 2001 (Attachment 9 to Report PSD-025-07); THAT a by-law be passed to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the Lands and cause the plan to be registered in the proper Land Registry Officer pursuant to section 9(1) of the Expropriations Act (Attachment 10 to Report PSD-025-07); and THAT staff be authorized to give all necessary notices, and to take all necessary actions to complete the expropriation. "CARRIED" BY-LAWS Resolution #C-114-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-053 to 2007-060, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 2007-053 Being a by-law to appoint Members of Council to Various Boards and Committees in the Municipality of Clarington and to repeal By-law 2004-027 2007-054 Being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2007 -055 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2007 -056 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Construction of Drainage Improvements, Mitchell's Corners Council Meeting Minutes - 17 - February 26,2007 2007-057 Being a by-law to authorize an expropriation plan to approve the expropriation of Lots 2 and 3, Part of Lots 4, 5 and 6 and Part of the Unopened Lane between Lots 3 and 5, Block 'B', Plan H- 50073, shown as Parts 1,2 and 3 on Plan 40R-17188, Municipality of Clarington, Regional Municipality of Durham by the Council of the Municipality of Clarington as the approving authority under the Expropriations Act 2007-058 Being a by-law to authorize the Mayor and Municipal Clerk to execute the Certificate of Approval attached as Schedule 'B' to this By-law 2007-059 Being a by-law to authorize an expropriation of Parts 1,2 and 3 on Plan 40R-17188 the Municipality of Clarington, Regional Municipality of Durham pursuant to the Municipal Act, 2001, S.O. 2001 2007-060 Being a by-law to authorize the Mayor and Clerk, on behalf of the Municipality of Clarington, to execute an expropriation plan to approve the expropriation of Lots 2 and 3, Part of Lots 4, 5 and 6 and part of the Unopened Lane between Lots 3 and 5, Block 'B', Plan H-50073, shown as Parts 1,2 and 3, on Plan 40R-17188, Municipality of Clarington, Regional Municipality of Durham Resolution #C-115-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-053 to 2007-060, inclusive, be approved. "CARRIED" Councillors Hooper and Robinson stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. Council Meeting Minutes - 18- February 26, 2007 CONFIRMING BY-LAW Resolution #C-116-07 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2007-061 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 26th day of February 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-117 -07 Moved by Councillor Foster, seconded by Councillor Novak THAT the third and final reading of By-law 2007-061 be approved. "CARRIED" ADJOURNMENT Resolution #C-118-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 8:34 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE MARCH 19,2007 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Highway 407 Community Advisory Committee dated February 23,2007. (Copy attached) I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated March 6, 2007. (Copy attached) I - 3 Minutes of the Newcastle Memorial Arena Management Board dated February 13, 2007. (Copy attached) I - 4 Minutes of the Orono Cemetery Board of Directors dated February 19, 2007. (Copy attached) I - 5 Vern White, Chief of Police, Durham Regional Police Service, thanking Council for petitioning the Province concerning court security funding and the costs to the Durham Regional Police Service as the $5.7 million to secure the Provincial courthouses puts added strain on resources that could be better deployed throughout the Region. 1-6 Engineering Section, Public Works Department, Town of Whitby forwarding a copy of the Town of Whitby's comments regarding the Highway 407 East Environmental Assessment Route Altematives and Initial Screening. I - 7 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on March 8, 2007, the.AACC passed the following resolution pertaining to the Farmers' Christmas Parade of Lig hts: "The Farmers Christmas Parade of Lights held annually on the first Wednesday of December has requested that the Agricultural Advisory Committee of Clarington sponsor the event for the purposes of obtaining the road closure permit, having a police escort and having the public attending the parade plus the farmers participating in the parade being covered by the municipal insurer." I - 8 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on March 8, 2007, the AACC passed the following resolution pertaining to the direct election of the Regional Chair: "WHEREAS the Clarington Council are on record as opposing the direct election of the Regional Chair at large; WHEREAS agriculture is the leading industry in Clarington and the second largest in Durham Region; Summary of Correspondence -2- March 19, 2007 THEREFORE the Agricultural Advisory Committee of Clarington is in total support of Clarington Council position for status quo of retaining the election of the Regional Chair by Regional Council; AND that this resolution be forwarded to all area Municipalities and MPP's." I - 9 Ann Merritt, Assistant Deputy Attorney General, Court Services Division, Ministry of the Attorney General, responding to Council's correspondence requesting the appointment of additional justices of the peace for Durham Region. She advises of measures being implemented to address the availability of adequate justice of the peace resources including the appointment of a new full-time presiding justice of the peace to the Ontario Court of Justice Central East Region, the re-appointment of a non-presiding justice of the peace to full-time presiding status, the designation of 23 per diem justices of the peace, and the setting up of blitz courts in areas of the Province with the heaviest caseloads. I - 10 Association of Municipalities of Ontario (AMO) Member Communication advising of the creation of the HealthForce Ontario Recruitment Centre in May 2006, to encourage and facilitate the recruitment of qualified professionals to Ontario and providing an update on the Centre and its initiatives including partnerships with health care organizations, employers and communities, identifying local needs and supporting the "recruitment readiness" of communities with information, education and other resources, and relocation management to facilitate immigration, provincial and national certifications and issues related to living in Ontario. CORRESPONDENCE FOR DIRECTION D - 1 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting approval for the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank Parking Lot for the following 2007 events: Maple Festival and All That Jazz Friday, May 4, at 8:00 p.m. (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 5, at 7:30 p.m. Summary of Correspondence - 3- March 19, 2007 Fabulous Fifties Festival Friday, June 22, (Temperance Street from King Street to Church Street from 4:00 p.m. until 9:45 p.m.) and as above on Saturday, June 23 from 5:00 a.m. until 8:00 p.m. August Midnight Madness Friday, August 17, from 5:00 p.m. until August 18 at 12:30 a.m., as above Apple Festival and Craft Sale Friday, October 12, (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.), and as above from 9:00 p.m. until Saturday, October 13 at 8:00 p.m. Moonlight Magic Evening Friday, December 7, (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11 :30 p.m. and requesting permission to close the 20 King Street East Parking lot from 7:00 a.m. until 3:00 p.m. on April th to facilitate the Easter Egg Hunt and Lion's Club Easter Brunch. (Motion to approve provided organizers apply for and obtain a road occupancy permit) D - 2 William Stratton, Chair, Day of Mourning Committee, Durham Region Labour Council, requesting Saturday, April 28, 2007, be proclaimed as "Day of Mourning" to pay respect to those working people who have died at the workplace or suffered injuries on the job; and requesting that flags be lowered on Municipal buildings in honour and remembrance of those killed at the workplace. (Motion to Proclaim) D - 3 Cheryl Fowler, Principal, Central Public School, requesting approval of a road occupancy permit on May 25,2007, from 9:00 a.m. to 10:00 a.m. for the World Harmony Torch Run, a global torch relay promoting international friendship. All elementary public schools in Bowmanville are planning to participate by sending runners and "cheerleaders" to encourage those running. Summary of Correspondence - 4- March 19, 2007 The plan is to run north on Ontario Street onto Queen Street from Ontario Street Public School to Bowmanville Senior Public School where the group will convene in the school yard. A full road closure would allow for approximately 30-40 runners and 500-600 students cheering along the sidewalks. Appropriate supervision and insurance coverage will be provided. (Motion to approve provided organizers apply for and obtain a road occupancy permit) D - 4 Sally Barrie, Administrator, Community Care Durham, requesting Council to proclaim June 7, 8 and 9, 2007, as "Community Care Tag Days", in support of local Community Care programs including home support, respite and mental health programs in Clarington. (Motion to approve Tag Days for June 7, 8 and 9, 2007) D - 5 John Durant, Associate Executive Director, Child Find Ontario, advising of the 16th Annual Green Ribbon of Hope ™ Campaign, a campaign aimed at bringing awareness to the community regarding the issue of missing children, developed as a result of the abduction and subsequent murder of Kristen French in 1992, and requesting the month of May be proclaimed "Missing Children's Month" and May 25, 2007, be proclaimed "National Missing Children's Day". (Motion to Proclaim) D - 6 David Staples, Parade Chairman, Durham Central Fair (Orono) requesting permission to hold the Elementary School Parade on Friday, September 7,2007, and the Fair Parade on Saturday, September 8,2007, in association with the Durham Central Fair (Orono); enclosing map routes and advising proof of $2 million insurance coverage for the event will be provided. (Motion to approve provided organizers apply for and obtain a road occupancy permit) D - 7 Edmond Vanhaverbeke tendering his resignation, with regret, from the Samuel Wilmot Nature Area Management Advisory Committee due to an irreconcilable scheduling conflict and requesting to be kept informed of Committee matters. (Motion to receive the correspondence with regret, and refer correspondence to the Municipal Clerk) Summary of Correspondence -5- March 19,2007 D - 8 John Scanlan tendering his resignation as one of the Municipality's Pound Keepers as he feels the same individual should perform the duties of Pound Keeper and Livestock Valuer, a position he previously held, but was not re-appointed to. (Motion to receive the correspondence with regret, and refer correspondence to the Municipal Clerk) D - 9 Marsha Scott, Administrator, White Cliffe Terrace Retirement Residence, requesting Council to officially re-name Cherry Blossom Parkette to the Rick Gay Memorial Park in recognition of the contribution the Gay Construction Company and the H. L. Gay Family Homes company has made to Clarington and the Durham Region and in particular to dedicate the park to the memory of Rick Gay who passed away last year; requesting permission for White Cliffe Terrace to place hop scotch pads and tick tack toe pads in the ground and to plant a tree and a small wildflower garden; and inviting Council to attend a family day in the park on May 5,2007, to celebrate the dedication of the new park. (Motion to refer correspondence to the Director of Engineering Services) D - 10 Jacques Perreault, Manager, Environmental Health, Region of Durham, advising of the expiration of the Sewage System Management Agreement with the Region of Durham effective March 31, 2007, for the enforcement of the Ontario Building Code (OBC) Part 8 Services and requesting renewal of the agreement for another 3 year term. Attached to the agreement is a revised user fee structure approved by Regional Council. (Motion to refer correspondence to the Director of Engineering Services) D - 11 Brent Farr, Executive Director, Community Care Durham, requesting to meet to discuss details of any properties that may be available for purchase in order to accommodate program growth and staffing requirements as expansion of their rental office at 26 Beech Avenue is not an option. (Motion to refer correspondence to the Director of Planning Services) D - 12 Ernest Burnie, 151 Vice President, Wilmot Creek Homeowners Association, (WCHA) requesting Council to petition the Canadian National Railway to institute a stop-whistle designation on the two rail lines running in close proximity to the Wilmot Creek community. (Motion for Direction) Summary of Correspondence - 6- March 19, 2007 D - 13 Linda Gasser expressing concern that Council did not solicit the views of the public prior to taking a position on the direct election of the Regional Chair or that the public was not included in the Council visioning exercise and requesting that a public meeting be held on the Regional governance issue and that Council defer any decisions on Council's Vision and Strategic Business Plan and direct staff to hold public education sessions and consultation on all aspects of the Business Plan prior to its adoption. (Motion for Direction) D - 14 Addie Gerrits, Courtice Flea Market Project Manager, advising that they are applying to host a music venue at 1696 Bloor Street on Sunday, May 20,2007, from 11 :00 a.m. to 11 :00 p.m., to showcase local talent and present keynote speakers to bring awareness to the Grandview Children's Centre. She is requesting an exemption to By-78-50 regarding the requirement to prQvide $10 million liability insurance as the Flea Market can only afford to provide a maximum of $7 million liability coverage for the event. The outdoor vendors will remain on site until 11 :00 p.m. and there will be no admission fees, no alcohol served and no barriers to entry/exit. All donations from the event will benefit Grandview Children's Centre. (Motion for Direction) D - 15 Michael Power, President, Northwestern Ontario Municipal Association and Chief Spokesperson, Ontario Forestry Coalition, (OFA) requesting Council's assistance in dealing with proposed new legislation dealing with the protection of Species at Risk as the OFA is of the opinion the current "one size fits all" approach does not relate to the diverse geographic and ecological nature of the Province or adequately assist in the recovery of species at large and will have a significant impact on the resource sector and many communities that depend on those sectors for jobs, tax assessment and prosperity. The OFA is requesting Council to adopt the following resolution: 'WHEREAS the Government of Ontario posted its framework for the development of species at risk legislation on the Environmental Bill of Rights web site on December 22, 2006, the day that most municipal offices closed until the New Year, and WHEREAS the currently proposed language to address species at risk could impose moratoriums affecting the livelihoods of more than 1.2 million people and more than $100 billion in economic activity, and WHEREAS there are 12 Provincial and 5 Federal pieces of Legislation including the Federal Species At Risk Act (SARA) and the Provincial Endangered Species Act of 1971 that currently provide protection for some species, and Summary of Correspondence - 7 - March 19, 2007 WHEREAS the proposed new Ontario Species of Risk Legislation as written will: . Add a new and costly layer of bureaucracy and regulatory burden . Create an Act that will not achieve recovery of endangered species . Impose an Act that will not be supported by the landowners, land stewards, employers, unions and developers . Create a further disincentive to invest in Ontario . Result in a loss of jobs . Result in a loss of economic opportunity, and WHEREAS the currently proposed framework for a species at risk act is wrong for Ontario and will negatively impact the farming community, the forestry and mining sectors, the urban planners and homebuilders, fur managers, anglers and hunters, sand, stone and gravel industry, hydro electric developers and many, many others, and WHEREAS public hearings by a Legislative Committee prior to Second Reading adoption by the Ontario Legislature will allow for a full and proper debate on the principle of the Bill not just how well the clauses meet the intent of the Act THEREFORE BE IT RESOLVED THAT the Municipality of Clarington write to the Premier of Ontario requesting the full public hearings be held into the proposed Species at Risk Act and that those hearings be held prior to Second Reading by the Ontario Legislature, and FURTHER BE IT RESOLVED that copies of this resolution and the letter to the Premier be forwarded to the following: Association of Municipalities of Ontario, Ontario Good Roads Association, Rural Ontario Municipal Association, Northwestern Ontario Municipal Association, Federation of Northern Ontario Municipalities, Hon. Greg Sorbara, Minister of Finance, Hon. Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, Sandra Pupatello, Minister of Economic Development and Trade, Hon. Dwight Duncan, Minister of Energy, Hon. Marie Bountrogianni, Minister of Intergovernmental Affairs, Hon. John Gerretsen, Minister of Municipal Affairs and Housing, Hon. David Ramsay, Minister of Natural Resources, Hon. Rick Bartolucci, Minister of Northern Development and Mines, Hon. David Caplan, Minister of Public Infrastructure Renewal, John Tory, Leader of the Progressive Conservative Party of Ontario, Howard Hampton, Leader of the New Democratic Party of Ontario, Ontario Waterpower Association, Ontario Lumber Manufacturer's Association, Ontario Forest Industries Association, Ontario Fur Summary of Correspondence -8- March 19,2007 Managers Federation, Ontario Federation of Anglers and Hunters, Ontario Mining Association, Ontario Federation of Agriculture, Ontario Stone, Sand and Gravel Association, Greater Toronto Home Builders' Association - Urban Development Institute, Area Members of the Ontario Legislature." (Motion for Direction) D - 16 Gerry Mahoney, President, South East Clarington Ratepayers Association (SECRA) requesting an "independent" review of the current plans to move the Port Granby waste site. (Motion for Direction) CI~il1glOn I ~ 1 MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE CAC MEMBERS PRESENT: Councillor Mary Novak, Council Liaison Jo-Anne McFarland, Ward 1 Representative Bradford Soles, Ward 1 Representative Denise Pickett, Ward 2 Representative John Sturdy, Ward 2 Representative Andrew Bouma, Ward 3 Representative Jean-Maurice Cormier, Ward 4 Representative Linda Gasser, Ward 4 Representative Mark Bragg, Clarington Agricultural Advisory Committee DATE: nc were reviewed with committee members. here is no Clarington Board of Trade or Police Services As Police Services my have a greater input than in the II be advised of the nature of this EA to determine if they will provid a representative for the committee. One committee member will double as a Ward 3 and Traffic Advisory Committee Representative. Terms of Reference were updated to reflect that a majority is made up of 7 members. Committee Protocol was reviewed with members. It is noted that the Committee Protocol prevails over the Terms of Reference. Members of the committee must abide by the Municipal Conflict of Interest Act. Reference website: htt ://www.e-Iaws. oV.on.ca:81/ISYS ue /IRLA3A1.tm /1/doc Moved: Andrew Bouma, Seconded: John Sturdy That the positions of Chair and Vice-Chair for the Clarington Highway 407 Communit Adviso Committee will consist of two, 2 ear terms. Janice Szwarz Staff in Attendance: Janice Szwarz - Planning Services Liaison Sharon Norris - Recording Secretary Faye Langmaid - Planning Services, Manager of Special Projects Absent: Mark Canning, Ward 3 Representative Karina Isert, Clarington Heritage Committee Leslie Benson - Engineering Services Liaison RE: Welcome Terms of Reference Committee Protocol Chair and Vice Chair Cl. f1 L~~ MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Meeting Schedule EA Material Overview Moved: Linda Gasser, Seconded: John Sturdy Motion to nominate Bradford Soles as Committee Chair Motion Closed: Linda Gasser, Seconded Andrew Bouma Bradford Soles stands for position of Chair. Moved: Bradford Soles, Seconded: John Sturdy Motion to nominate Linda Gasser as Committee Vice Chair Linda Gasser declined due potential conflict of interest. Moved: Andrew Bouma, Seconded: Bradford Soles Motion to nominate Mark Canning as Committee Vi Mark Canning stands (verbally, though not in atten Committee Vice Chair. Clarington Highway 407 Community Advisory Co occur the first Tuesda of each month. Committee members were encouraged . Highway 407 Background Informa . East Mainline to Clarington Council (Jan. 22, 2007) et #29 (Oct. 3, 2006) sory Committee Brochure available on the Project Team website at: stea.com Of note: Clarington is the only municipality with a Council appointed committee dealing with the Highway 407 EA. This is a Corridor Planning Study. The corridor will be 100m wide for a highway with an additional 60M right-of-way that might accommodate a variety of transit options. Implementation is not a part of the EA and no budget has been set aside for construction. The study will identify the corridor to be protected. Must be a designated corridor to protect it from other develo ment. Cl~mgton MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Development surrounding the highway is regulated by the Clarington Official Plan, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan. The Project Team is however still accepting comments on the route being reviewed for both the highway mainline and the north-south connector. The north-south corridor will be between Courtice and Bowman 'lIe in one of four potential locations. Large scale maps are available fro e Project Team. Janice Szwarz will secure copies for the com . dd all committee names to the Project Team mailing list. ers with an objection to being added to the mailing list ise Jan ice Szwarz. The mandate of the Planning Services Departme evaluation process is fair: . Two of the routes were eliminated du did not consider this to be a valid r . Agriculture was not given enoug . October's Public Worksho . February' Wor . Publi c Past CAC Activities Review The c info to ensure that TSH has current stood well. Trade offs will need to be made- s. sts and impacts of the options need to be mmittee is mandated with providing Clarington Council standing of the issues from a residents' perspective. process leaves a lot of room for subjective interpretation. Sugg d reading: Ontario Environmental Assessment Act The short list options will be evaluated by a weighting and ranking process. The Committee needs to ensure that there are valid reasons for not carrying a route alternative forward for further evaluation. At a Cia ring ton Board of Trade meeting, transportation emerged as one of the top four priorities. It is anticipated that the first shovel in the ground for the Highway 407 will be in 2017. Janice Szwarz Committee Members Recording Secretary Cl![-!ggton Past CAd Activities Review Future CAC Activities Next Meeting MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE The 407 a/one will not solve the transportation problems - a network solution is required which may consist of regional and municipal roads, car pooling, HOV lanes, Highways 401 and 7 and Taunton Road improvements and transit. It is still undecided who will pay for road improvements. It is preferred that the highway not end at the link but be built all at once top Highway 35/15 to avoid traffic congestion on local roads. This committee is to encouraged to make implementa . recommendations even if the are not bindin . Committee will prepare a work plan which may incl list routes. The Project Team is still receiving comments on criteria and factors to be used in evaluatin d has approximateiy 1 month to com men out. The committee should formulat next meeting and prepare a me 0 Cost is not Ii Committee Members Committee Members Committee Members '07MAR09 AMIO:54:00 Draft minutes - Not vet approved bv Committee I - 2 NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY MARCH 6, 2007 AT 7:00 P.M. Present: (Voting) David Best Jim Cleland Joe McKenna Karin Murphy Dan Stanoi Councillor Willie Woo Arthur Burrows Jim Kamstra Kerry Meydam Jim Richards John Stoner Also Present: Jennifer O'Donnell (Non-Voting) Greg Wells (GRCA) Peter Windolf Regrets: Brian Reid Absent: Warren May (MNR) 1. Introduction D~5~J~iu~i:iBN~.-'~ CLUH\Z_:~" __~,,'T! I i I flJg':<;~ ) ~ ;...,) i L. , ! I ""-I~' ~ l.. r-- I >----~ --1-- l.-~---------I :~-==:.:--- I ';:;'RDI r' ....""r-..~~~._~~_!).''''''~.. Peter Windolfwelcomed everyone and explained the purpose and objectives of the committee. All members had the opportunity to introduce themselves. 2. Election of Chair and Vice Chair The procedure for electing a Chair and his or her responsibilities were described, as per the Terms of Reference. John Stoner and Jim Richards were nominated and initially both agreed to stand. Jim withdrew his nomination; therefore, John was acclaimed as Chair. John requested a Vice Chair; however, the nominations will be deferred until next meeting. 3. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by Jim Cleland, seconded by David Best THAT the agenda for March 6, 2007 be accepted. CARRIED 4. Minutes of December 12, 2006 Corrections There were no corrections to the minutes. Approval of Minutes MOVED by Jim Cleland, seconded by Joe McKenna THAT the minutes of December 12, 2006 be approved. CARRIED 5. Issues arising from the Minutes Hunting Occasionally hunters have been firing at ducks and geese in the lake from the barrier beach. Since the SWNA is a public nature area Peter met with Warren May ofMNR to discuss enforcement. Signs have been posted at three locations citing the Municipalities Firearms discharge By-law. MNR believes that since it is a Municipal By-law it is an enforcement issue for the Municipality and not MNR. The issue was discussed with the By-Law enforcement Division and they recommend that if someone is seen hunting within the SWNA, their license plate should be recorded and they should immediately call them with the details. It appears that the hunting from the beach has not occurred recently. Storm Water Management Pond At the request of the Committee Peter spoke to Leslie Benson, Manager of Transportation and Design about the merits of having life rings located around the storm water pond. Oshawa has life rings on posts at some of their ponds; however, most Municipalities do not have this as a standard. It was explained that the water depth and side slopes of storm water ponds will vary depending on the location and size of the pond block. The Committee discussed the merits of installing life rings around the recently constructed storm water management pond and the implications of maintaining the rings over time. The committee also acknowledged that fencing the pond was not desired in order for it to blend into the natural environment of the SWNA. MOVED by Joe McKenna; seconded by Jim Richards THAT a letter to Leslie Benson be written requesting life rings be considered for the new pond at the SWNA and on future ponds. CARRIED Trails John, Peter and Karin met at SWNA in December to look at potential locations for secondary trails. The mature woodlot by the north viewing platform contains a series of worn paths that could be formalized with woodchips to create a secondary trail leading from the waterfront trail. The trail could be built by volunteers at a future community event. Woodchips would be requested from the Operations Department to be delivered to the site for this new project and to augment the existing woodchip trail leading to the barrier beach. 6. Sub-Committee Discussion The formation of sub-committees for Special Events, Communications, Fundraising and Maintenance were discussed. Other sub-committees could also be formed at the committee's discretion. Sub-committees will be addressed again at the next meeting to give members time to think about what groups they would like to be involved in. 7. GRCA Financial Assistance Program The Committee has applied for a grant through GRCA's Clean Water-Healthy Land financial assistance program for a project to repair and protect to the west bridge abutment of the pedestrian bridge. A change in creek direction has caused significant erosion around the abutment which has resulted in erosion of the limestone trail leading to the bridge. The eroded area has been fence off but will continue to erode unless action is taken. The municipality has applied for a total of $5,000 in two grant categories to help pay for the bridge abutment repairs. The work is scheduled to take place in the summer. 8. Durham Environmental Advisory Committee (DEAC) Award Nomination The SWNA committee has been nominated by the Municipality for an award in the Irene Kock Education! Communication category. The nomination submitted to DEAC was prepared specifically to highlight the Committee's accomplishments in the area of education and communication. The nomination package contains photos and descriptions of the various community events held on site as well as a package of coloured graphics showing the interpretive signs installed at the SWNA. Last year a similar package of information was sent to DEAC to nominate the SWNA committee for the Irene Kock award but the nomination was arbitrarily moved to another category by DEAC. This year a covering letter was sent along with the nomination asking that it remain in the intended category. The award ceremony takes place on May 10th. John, Jim, Joe, and Kerry all wish to attend, space permitting. The Region will be contacted to see if they have a limit on attendance. 9. Project Updates Kiosk Construction and Sign Graphics Taxis contracting are nearing completion of the new information kiosk, located on the Cobbledick Road side. Only the stone columns remain to be completed when the weather is suitable for masonry work. The kiosk will have a two sided sign with an orientation map pn one side showing the locations of the site features. The other side the sign panel will illustrate the seasonal changes that occur at the SWNA and will also have a space for posting SWNA information such as newsletters and event notices. Page Graphics is creating the signs and will have a large scale proof available for viewing by next meeting. Bridge Abutment Repair Totten Sims Hubicki has prepared working drawings and has submitted them to GRCA for permits. The erosion on the south edge of the west abutment has become a public safety issue, so the repairs are now critical. The work will occur in the summer when the fisheries restrictions are not in place. 10. Other Business Garbage Can One of the SWNA themed painted garbage cans has been removed from the Cobbledick parking lot and has replaced by a plain barrel. If it has simply been moved elsewhere Operations will be asked to return the garbage can to the Cobbledick parking lot. Having more cans painted by the art students at Bowmanville High School could be a possible future proj ect. Committee Accomplishments The December minutes contained a list of the Committee's accomplishments over the two previous terms. The Committee discussed creating a map or pictorial snapshot illustrating these completed projects to be used in other communications or for fundraising and events. The site orientation map currently being prepared for the kiosk will show the same information and could be easily reproduced for this purpose. If slight alterations to this map need to be made to make it useful for other communications those could be made by staff. Martin Houses The Martin house constructed by the Wilmot Woodworking Club was turned over to Hydro One for installation back in November. It has not been installed yet but Hydro One has committed to installing it before Martins return to the area. A follow up call will be made to ensure they are aware that Martins will return to the area around the end of March or beginning of April. Picnic Tables There are picnic tables between the parking lot and the lake on the Toronto Street Side. Operations will be asked to pick these up. Adjournment: 8:30 P.M. Next Meeting: Tuesday AprillO, 2007 7:00 p.m. Meeting Room lA Notes prepared by J. O'Donnell 1-3 Newcastle Memorial Arena Management Board M unic;pality of Clarington Minutes of Meeting Tuesday February 13, 2007 - 7 P.M. (Not yet approved by Committee Members) Present: Gord Lee (Chair) Carol Little Bob Holmes Councillor, Gord Robinson Recording secretary & treasurer, Karen Gonsalves Larry Burke (Vice-Chair) Herman Valckx Eric Gareau Regrets: Dave Werheid This being the first meeting of the newly appointed committee, Chairman Gord Lee introduced our two new members, Bob Holmes and Eric Gareau to the returning members. Then, provided a brief summary of the responsibilities of the management board and advised Mr. Holmes and Mr. Gareau of a number of the outstanding action items that were still open for completion and would be discussed at this evening's meeting. ------------------------------------------------------------------------------------------------------------ In accordance with the Newcastle Memorial Arena Management Board constitution, the voting members shall review the position of Chairperson and Vice-Chairperson at the first meeting of the newly formed committee. The voting members shall elect,from their number a Chairperson and Vice-Chairperson to serve for the coming term. The Newcastle Arena Management Board, being a Board of Council shall elect their two officers for the same four year term as Members of Municipal Council. Therefore, the following motion was proposed: That: The agendafor this evening's meeting include elections for the Chair and Vice- Chair of the Newcastle Memorial Arena Management Board. Motion # 2575 - Moved: by Councillor Robinson; Seconded by Herman Valckx CARRIED The meeting was then brought to order by Councillor Robinson who facilitated the process of nomination and electing the Chair and Vice-Chair. NMAMB Minutes 2 February 13, 2007 Election for Chair & Vice Chair of the Arena Management Board Election of Chairman First nomination: Herman Valckx nominated Gord Lee as Chairperson; Larry Burke seconded. Second offer to nominate: No-one was nominated. Third offer to nominate: No-one was nominated A count of hands showed that all voting members were in favour of the first nomination and Gord Lee accepted the position of Chairperson. Election of Vice-Chairoerson First nomination: Carol Little nominated Larry Burke as Vice- Chairperson; Herman Valckx seconded. Second offer to nominate: No-one was nominated. Third offer to nominate; No-one was nominated. A count of hands showed that all voting members were infavour of the first nomination and Larry Burke accepted the position of Vice-Chairperson. At the conclusion of the elections, Council/or Robinson turned the meeting back over to the elected Chair. 1) Minutes of Previous Meeting: The following motion was proposed: THAT: "The minutes of January 9, 2007 meeting are approved without changes. " Motion # 2576 - MOVED by Larry Burke; SECONDED by Herman Valckx. CARRIED 2) Financial Report: Provide by Secretary/Treasurer, Karen Gonsalves Karen provided an un- audited year-end report and advised that all outstanding invoices had been paid. Bank statement provided, showed a February 13, 2007 bank balance of$44, 761.55. Due to ongoing accounting procedures to prepare the board's year-end report to the Municipality for audit, Karen advised that she could not provide, a YTD statement for 2007 until she had closed off 2006 and turned her report over the Municipal finance department. YTD updates would be provided at our next meeting. NMAMB Minutes 3 Februarv 13.2007 3) Itemsfor Information: Provided by Chair, Gord Lee A) The members were advised that a $30,000.00 payment had been made to the Municipality - the board's 5th payment towards the $300,000.00 interest free renovation loan. This payment brings the total payback, to date to $180,537.84 -leaving an outstanding debt of$119,462.16. B) Three quotations for the installation of a door upstairs, to separate the service rooms from the main banquet hall had been submitted. All were read and discussed The following motion was proposed: THAT: "The quotation from Bert Reidfor $1535.00 be accepted with the following adjustments: Fire retarded paint be included and Roxal insulation be installed between the frames of the doorway. These adjustments would bring the quotation to approximately $1700.00 - taxes included. The Chair was to arrange start-up and completion ofproject". Motion #2577 - MOVED by Herman Valcla; SECONDED by Councillor, Robinson. CARRIED C) Temperature Control: Cimco Refrigeration had completed the installation of the unit for the second time and Bryan had operated it for a month of trial, with no problems. Payment of the invoice to Cimco was completed. D) Laser Ice Guard: Dialog by the board and management was to continue with Resurfice Corp., with possible future plans to include this feature on a new ice surfacer for the arena. The chair had suggested that our upcoming budget forecast include the start of a contingency ftmd to prepare for the purchase of such equipment. Councillor Robinson advised that a meeting with the Newcastle Lions Club be initiated to perhaps, seek some financial help for the purchase of a new Olympia or Zamboni. NLC members had suggested to Mr. Robinson, they would be interested in such a project, to assist the arena board. Chairman Lee advised that once our 2007-08 budget was completed at our next meeting, we would invite the executive of the Newcastle Lions Club to a meeting to discuss a Fund Raisingplanfor this purpose. NMAMB Minutes 4 Februarv 13. 2007 E) Storage Shed and Trophy Case for NVMHL: Both these projects are being initiated by the Newcastle Village Minor Hockey League and their plans are incomplete at this time. Both of these projects must be approved by our board and are currently in limbo until the minor hockey executive brings them forward to our boardfor consideration. F) Signage and Paintingfor Outside Area of Arena -Walls, Doors, Dumpster, Vandalism and Edward Street Signage: With the re- surfacing of Baldwin Street and surrounding area, these projects were placed on hold until spring and the completion of all road surfacing and sewer re-construction. G) Rink-board Advertising: A list of current advertisers at the other municipal rinks in Clarington was brought forward to see if any board members had a personal contact with any of those companies, for the purpose of acquiring additional advertising revenue for Newcastle Arena. Both new members, Eric Gareau and Bob Holmes thought they could attempt to sell additional advertising space. The chair advised: he wouldforward each of them our current price structure, policy and current advertisers in our arena. H) Fund Raising Card Night: Herman Valcla: advised that plans for our March 3rd Poker Tournament was still in place and approximately 30 participants were expected Registration time was 1:30 pm and start time was 2:00 pm. Volunteers from our membership were solicited to help out. Adjournment: Motion #2578 - MOVED by Larry Burke; SECONDED by Bob Holmes "THAT the meeting be adjourned. " CARRIED The meeting adjourned at approximately 9: 00 p.m. 'fI\IlR13 AMIO:31:52 1-4 MEETING OF ORONO CEMETERY BOARD OF DIREcrORS February 19,2007 DIRECTORS PRESENT: Helen Schmid, Dean Cox, Barbara Cannan, Barbara King, Betty Lycett, Viola Vanderveen, Fran Quantrill, Klaas Schoonmaker. Chair Klaas Schoonmaker opened the meeting. Minutes of the September 25, 2006 meeting were read. Resolution-B-216, motioned by Dean Cox, seconded by Don Lycett that the minutes be corrected to read Helen Schmid is writing an article on the origin of the Orono Cemetery and plaques which is to be presented at a later date. Carried. 2) Old Business: I) A letter was not sent to MP Bev Oda requesting information on restoring the plaques and wreaths at the front gates. Ron Forrester has cleaned the wreaths and plaques which look very nice. A letter is to be sent to MP Bev 000 and Mr. Stephen Clarke (1-613-591-3335) for information on funding of the IDa;nla;nence on the plaques. Resolution-B-217, motioned by Betty Lycen, seconded by Barbara Carman that Barbara King look after this. Carried 3) Ron Forrester and Dean Cox are to keep an eye on new saddle that is to be placed on the van der Veld headstone in the spring for any vandalism. 4) Secretary-Treasurers are to contact the members of the Board to get a consensus of when we are to send flowers showing our condolences. New Business: 1). Barbara King asked the Board to reconsider our decision to allow a poppy or cross to be placed on the Columbarium for the veterans. Barbara is to get some suggestions from Simpson Monument Company which can be inscribed on the niche for further discussion at our next meeting. 2). Taylor Sand & Gravel will continue to dig the graves for $175.00. 3). Reported that the fence on the southwest side of the chapel has been broken by people snow sledding in the Cemetery property. A report was made to Durham Regional Police concerning the vandalism and also the breaking of the glass on map indicator at the front gales. The fence will be repaired in the spring. Barbara King called the Orono Weekly Times, who will put a picture and an article in the paper. The Board is considering locking the small gates as well as the large one. Trespassers will be prosecuted. 4). Resolution-B-218, motioned by Helen Schmid, seconded by Dean Cox that the wages for the Head Caretaker will be increased by 3% from $15.86 to $16.34 per hour. The part-time caretakers are to have an increase of$1.00 from $9.00 to $10.00. Carried. . Secretary's Report was reviM ay Board Members. Spring Walk-Around was M.fllf lbe last Monday in May. All Board Members will be reminded in May with~' 'all. Barbara Carman made a motion to adjourn the meeting at 2:50 pm. Secretary-Treasurer Chair ANNUAL MEETING OF ORONO CEMETERY LOT HOLDERS February 19, 2007 at the Lang Chapel MEMBERS PRESENT: Fran Quantrill. Helen Schmid, Klaas Schoenmaker, Don Lycett, Joe Vanderveen, Ron Forrester, Barbara Cannan, Dean Cox, Barbara King, Betty Lycett and Viola Vanderveen. Vice-Chair Klaas Schoenmaker called the meeting to order and asked for the reading of the minutes from February 20, 2006. Resolution-A-208, motioned by Don Lycett, seconded by Joe Vanderveen 'That the minutes of February 20, 2006 be approved as read. Carried. Clarington Council Representative is not known at this time. The Financial Report for 2006 was read. Rental charge on chapel was questioned why it was reduced from $300.00 to $100.00. It was used for one hour during an internment due to inclement weather. Resolution-A-209, motioned by Fran Quantrill, seconded by Dean Cox 'That the Financial Report be adopted as presented. Carried. The Financial Reviewers Report was read. Resolution-A-21O, motioned by Barbara Cannan, seconded by Helen Schmid, 'That the Financial Reviewers Report be approved as presented. Carried. We will wait till the fall of the year to ask Joyce Gray and Edward Millson for auditing the books. Resolution-A-211, motioned by Helen Schmid, seconded by Dean Cox. Carried. New Business: All Board of Directors are willing to stay on for the term of one year. Joe Vanderveen and Don Lycett resigned due to a conflict of interest. Barbara King was asked toaccept the position of a new Director. Barbara accepted. Klaas Schoenmaker was nominated by Don Lycett to serve as Chair and seconded by Dean Cox. Dean Cox was nominated by Betty Lycett, seconded by Barbara Cannan to be Vice-Chair. Betty Lycett and Viola Vanderveen were nominated by Barbara Cannan, seconded by Dean Cox to be the Secretary-Treasurers. All of the above accepted. Resolution-A-212, motioned by Don Lycett, 'That we adjourn the meeting accordingly at 1 :30 pm. Secretary-Treasurer Chairperson Dated: QCJli11gron REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 19,2007 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , MEETING OF FRIDAY, MARCH 2, 2007 RECOMMENDATIONS: 1. CONFIDENTIAL PROPERTY MATTER THAT the actions taken during the "closed" session with respect to Confidential Report PSD-026-07 be ratified. 2. 2007 CURRENT AND CAPITAL BUDGET a) THAT Report FND-004-07 be received; b) THAT the base 2007 Operating and Capital Budgets as outlined in Schedule "A", Part 1, at an estimated tax levy impact of 2.86% (exclusive of tax policy impacts), be approved, as directed in Report FND-004-07; c) THAT the uncontrollable items due to new services previously approved and new legislative requirements as outlined in Schedule "A", Part 2, attached to Report FND-004-07 at an estimated tax levy impact of 1.84% be approved; d) THAT the major priorities related to growth or new services as outlined in Schedule "A", Part 3, attached to Report FND-004-07 at an estimated tax levy impact of 1.51 % be approved; e) THAT the uncontrollable budget increase submission from the external agencies as outlined in Schedule "A", Part 4, attached to Report FND-004- 07 at an estimated tax levy impact of 0.66% be approved; f) THAT the phase-in impact for new 2008 facilities as outlined on Schedule "A", Part 5, attached to Report FND-004-07 at an estimated tax levy impact of 2.24% be approved; g) THAT the Schedules "B", "C" and "0" attached to Report FND-0Q4-07 outlining Reserve and Reserve Fund Contributions be approved; CORPORATION OF THE MUNICIpALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3AB T 905-623-3379 Report #1 -2- March 19, 2007 h) THAT approximately $1 ,000,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; i) THAT the financing of capital projects, as outlined in the document attached to Report FND-004-07 be approved; j) THAT the capital forecast be received for information; k) THAT the external agencies, referred to in Report FND-004-07 be advised of Council's decision regarding their grant request, including their priority requests; I) THAT 2007 staffing changes be approved, as identified in Report FND-004-07; m) THAT the appropriate By-laws to levy the 2007 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available; n ) THAT $19,100.00 be approved for the Clarington Public Library to allow for extended hours at the Courtice Branch; 0) THAT the Clarington Public Library budget request be approved; p) THAT the Community Care Durham budget request be approved; q) THAT the Visual Arts Centre budget request be approved, with the exception of $5,000.00 for the Silken Laumann event; r) THAT the Clarington Museum and Archives budget request, including the Priority #1 controllable item (additional staff member), be approved; s) THAT the budget requests for Clarington Older Adult Association/Clarington Beech Centre, Newcastle Community Hall and Orono Cemetery Company be approved; t) THAT the organizational chart for Mayor and Council be revised to reflect that the position held by Janet Dauncey is the Administrative Assistant to Council; u) THAT the Mayor's Golf Tournament be included in the budget; v) THAT $5,000.00 be included in the budget for the Lakeridge Bowmanville Hospital Foundation Golf Tournament; Report #1 - 3 - March 19, 2007 w) THAT the proposed corporate advertising budget be reduced by a maximum of $86,000.00; and THAT the Director of Corporate Services report back to Council recommending a revised Corporate Advertising Policy to reflect the reduction in the budget allocation; ~ x) THAT the request for an additional part-time Clerk 1 position in the Municipal Clerk's Department be approved; y) THAT $100,000.00 in additional tax levy funds be allocated to the Economic Development Reserve Fund; z) THAT the Soper Creek Trail Project be replaced with the Courtice Skateboard Park Project; aa) THAT financing of $25,078.00 be transferred from the Tax Levy Support to Capital to the Impact/Escrow Reserve Account; bb) THAT financing of $25,000.00 of the insurance increase be transferred from the Tax Levy to the Self Insured Losses Reserve; cc) THAT financing of $50,000.00 be transferred from the Tax Levy Support to Engineering/Roads to the Federal Gas Tax Reserve Fund; dd) THAT the budget request for additional tree trimming be reduced by $10,000.00; eel THAT the request for additional Total Hockey staff be denied; and ff) THAT the request for funding from Lakeridge Health be tabled to March 19, 2007 to allow for public input. Cl..gr!J1gtnn REPORT #2 REPORT TO COUNCIL MEETING OF MARCH 19,2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING , OF MONDAY, MARCH 5, 2007 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) OPD-002-07 2006 Winter Report 2. REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE APPLICANT: SUSAN WOODLEY THAT Report PSD-027-07 be received; THAT the application to amend the Official Plan and Zoning By-law submitted by Susan Woodley be referred back to staff; and, THAT all interested parties listed in Report PSD-027-07 and any delegations be advised of Council's decision. 3. CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION AND ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT AN AUTOMOBILE SALVAGING/RECYCLING OPERATION WITH SCREENED OUTDOOR STORAGE APPLICANT: 1377019 ONTARIO INC. (ABE'S AUTO RECYCLING) THAT Report PSD-028-07 be received; THAT the application to amend the Clarington Official Plan and the application to amend the Zoning By-law 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-028-07 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 #2 - 2- March 19,2007 4. MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES THAT Report PSD-031-07 be received; THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment 3 to Report PSD-067- 04, be extended to June 30, 2008; THAT the modifications to the EIS Guidelines (Attachment 2 to Report PSD-067- 04) be approved; THAT the Purchasing By-Law 2006-127 be waived; and THAT all interested parties listed in Report PSD-031-07 and any delegation be advised of Council's decision. 5. IMPLEMENTATION OF PRINCIPLES OF UNDERSTANDING WITH HALLOWAY HOLDINGS LIMITED: TRANSFER OF CERTAIN RESERVES THAT Council receive and approve Report PSD-032-07; THAT Council pass a by-law declaring the lands shown as Parts 2, 3, 4,5 and 6 on Reference Plan 40R-24257 to be surplus (Attachment 4 to Report PSD-032-07); THAT subject to Recommendation 4, after notice is given to the public pursuant to By-law 95-22 of the proposed sale of Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to Halloway Holdings Limited for a nominal consideration, Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the transfer of Parts 2, 3,4, 5 and 6 on Reference Plan 40R-24257 to Halloway Holdings Limited for a nominal consideration (Attachment 5 to Report PSD-032-07); THAT Staff and the Municipality's solicitor be directed to complete the transfer referred to in Recommendation 3 after the payment referred to in paragraph 8 of the Principles of Understanding dated March 1, 2006 between the Municipality of Clarington and Halloway Holdings Limited ("Halloway Principles") has been made to the Municipality in accordance with the aforesaid paragraph 8; and THAT Staff and the Municipality's Solicitor be authorized to take all rrecessary actions to implement the intent of paragraphs 8 and 10 of the Halloway Principles. Report #2 - 3- March 19,2007 6. REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT APPLICANT: GERR HOLDINGS LIMITED THAT Report PSD-030-07 be received; THAT the rezoning application submitted by Gerr Holdings Limited be approved and that the Zoning By-law Amendment attached to Report PSD-030-07 be ,adopted by Council; and ;, THAT all interested parties listed in Report PSD-030-07 and any delegations be advised of Council's decision. 7. PROPOSAL TO CLOSE AND CONVEY A ROAD ALLOWANCE SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE THAT Report EGD-028-07 be received; THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of the road allowance situated in Lot 28, Concession 5, Former Township of Clarke, pursuant to section 34 of the Municipal Act and By-Law No. 95-22 and that the subject road allowance (Attachment NO.1 to Report EGD-028-07) be declared surplus; THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with and subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws authorizing the closure of the subject lands as a public highway, declaring the subject lands to be surplus, and authorizing its conveyance to the applicant, Council pass the necessary by-laws to implement this report; THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and THAT Mr. Dennis D. Ebbs be advised of Council's decision. 8. WILLIAM WATSON INVESTMENTS LIMITED, COURTICE, DEV 78-011, 'CERTIFICATE OF COMPLETION' AND 'CERTIFICATE OF ACCEPTANCE', STORM DRAINAGE SYSTEM AND OTHER RELATED WORKS THAT Report EGD-029-07 be received; and THAT the Director of Engineering Services be authorized to issue a 'Certificate of Completion' and a 'Certificate of Acceptance' for the Works, which include a storm drainage system and other related Works. Report #2 -4- March 19,2007 9. PROPOSAL TO CLOSE PARTS 13 AND 15 ON PLAN 40R-16730AS A PUBLIC HIGHWAY AND AUTHORIZE THEIR TRANSFER TO HALLOWAY HOLDINGS LIMITED THAT Report EGD-030-07 be received and approved; THAT subject to Council's consideration of any representations made at the public meeting to consider its intention to pass a by-law closing Parts 13 and 15 on Plan 40R-16730 as a public highway, Council pass such a by-law (Attachment 2 to Report EGD-030-07); THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring Parts 13 and 15 on Plan 40R- 16730 to be surplus, Council pass a by-law declaring Parts 13 and 15 to be surplus (Attachment 3 to Report EGD-030-07); THAT Council pass a by-law authorizing the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a transfer Parts 13 and 15 on Plan 40R-16730 to Halloway Holdings Limited for a consideration of $940.00 (Attachment 4 to Report EGD-030-07); THAT the applicant pay the costs associated with the closure of Parts 13 and 15 on Plan 40R-16730 as a public highway and the costs of this transaction all as set out in Report EGD-030-07; THAT Staff be authorized to take all necessary action to implement the intent of this report; and THAT Halloway Holdings Limited be advised of Council's decision. 10. 2007 MUNICIPAL GRANTS THAT Report CSD-003-07 be received; THAT Council consider all submitted grant requests; and THAT all applicants be advised of Council's decision. 11. SOLlNA HALL BOARD THAT the Solina Hall Board be approved for a grant in the amount of $2,500.00. 12. OAK RIDGES TRAIL ASSOCIATION THAT the Oak Ridges Trail Association be approved for a grant in the amount of $500.00. Report #2 - 5 - March 19,2007 13. UNALLOCATED GRANT ACCOUNT THAT $10,000.00 be set aside in an unallocated grant account to be drawn on for grants approved during 2007. 14. HORTICULTURAL SOCIETIES THAT a grant in the amount of $500.00 be approved for each of the following Applications: #07-01 - Bowmanville Horticultural Society #07-03 - Courtice Horticultural Club #07-06 - Newcastle Horticultural Society #07-09 - Orono Horticultural Society 15. CLARINGTON FARMER'S MARKET THAT Application #07-02 - Clarington Farmer's Market, be approved for a grant in the amount of $500.00. 16. DURHAM CENTRAL AGRICULTURAL SOCIETY THAT Application #07-04 - Durham Central Agricultural Society, be approved for a grant in the amount of $1,000.00. 17. ECOLOGY GARDEN I BOWMANVILLE COMMUNITY ORGANIC GARDENS THAT Application #07-05 - Ecology Garden/Bowmanville Community Organic Gardens, be approved for a grant in the amount of $500.00. 18. NEWCASTLE SANTA CLAUS PARADE THAT Application #07-07 - Newcastle Santa Claus Parade, be approved for a grant in the amount of $2,000.00. 19. NEWCASTLE VILLAGE AND DISTRICT HISTORICAL SOCIETY THAT Application #07-08 - Newcastle Village and District Historical Society, be approved for a grant in the amount of $1 ,500.00. 20. HAMPTON HALL BOARD THAT Application #07-10 - Hampton Hall Board, be approved for a grant in the amount of $2,500.00. 21. HAYDON COMMUNITY CENTRE THAT Application #07-11 - Haydon Community Centre, be approved for a grant in the amount of $2,500.00. Report #2 - 6 - March 19, 2007 22. KENDAL COMMUNITY CENTRE THAT Application #07-12 - Kendal Community Centre, be approved for a grant in the amount of $2,500.00. 23. NEWCASTLE MEMORIAL ARENA MANAGEMENT BOARD : THAT Application #07-14 - Newcastle Memorial Arena Management Board, be approved for a grant in the amount of $5,000.00. 24. NEWTONVILLE COMMUNITY HALL THAT Application #07-15 - Newtonville Community Hall, be approved for a grant in the amount of $2,500.00. 25. ODDFELLOW AND REBEKAH CENTRE THAT Application #07-16 - Oddfellow and Rebekah Centre, be approved for a grant in the amount of $1,000.00. 26. ORONO TOWN HALL BOARD THAT Application #07-17 - Orono Town Hall Board, be approved for a grant in the amount of $2,500.00. 27. TYRONE COMMUNITY CENTRE THAT Application #07-18 - Tyrone Community Centre, be approved for a grant in the amount of $2,500.00. 28. BOWMANVILLE I NEWCASTLE BASEBALL ASSOCIATION THAT Application #07-19 - Bowmanville/Newcastle Baseball Association, be approved for a grant in the amount of $1,000.00. 29. CADS DURHAM THAT Application #07-20 - CADS Durham, be approved for a grant in the amount of $500.00. 30. CLARINGTON BASEBALL CLUB THAT Application #07-21 - Clarington Baseball Club, be approved for a grant in the amount of $1,000.00. 31. CLARINGTON SWIM CLUB THAT Application #07-22 - Clarington Swim Club, be approved for a grant in the amount of $1,500.00. Report #2 - 7- March 19, 2007 32. COURTICE KIDS OF STEEL TRIATHLON THAT Application #07-23 - Courtice Kids of Steel Triathlon, be approved for a grant in the amount of $1 ,000.00. 33. COURTICE PARKS BASEBALL AND SOFTBALL ASSOCIATION THAT Application #07-24 - Courtice Parks Baseball and Softball Association, be :approved for a grant in the amount of $1 ,000.00. 34. NEWCASTLE FAMILY CONNECTION THAT Application #07-25 - Newcastle Family Connection, be approved for a grant in the amount of $500.00. 35. NEWCASTLE SKATING CLUB THAT Application #07-26 - Newcastle Skating Club, be approved for a grant in the amount of $1 ,500.00. 36. ORONO AMATEUR ATHLETIC ASSOCIATION THAT Application #07-27 - Orono Amateur Athletic Association, be approved for a grant in the amount of $2,500.00. 37. ORONO FIGURE SKATING CLUB THAT Application #07-28 - Orono Figure Skating Club, be approved for a grant in the amount of $1 ,500.00. 38. BEEN THERE - A PROJECT FOR AT RISK YOUTH THAT Application #07-29 - Been There - A Project For At Risk Youth, be approved for a grant in the amount of $500.00. 39. BIG BROTHERS AND SISTERS OF CLARINGTON THAT Application #07-30 - Big Brothers and Sisters of Clarington, be approved for a grant in the amount of $2,000.00. 40. BOWMANVILLE-CLARINGTON PERFORMING ARTS ASSOCIATION THAT Application #07-31 - Bowmanville-Clarington Performing Arts Association, be approved for a grant in the amount of $500.00. 41. BOWMANVILLE NEW HORIZONS BAND THAT Application #07-32 - Bowmanville New Horizons Band, be approved for a grant in the amount of $500.00. Report #2 -8- March 19,2007 42. CANADIAN MENTAL HEALTH ASSOCIATION I DURHAM THAT Application #07-33 - Canadian Mental Health AssociationlDurham, be approved for a grant in the amount of $1,000.00. 43. CANADIAN RED CROSS THAT Application #07-34 - Canadian Red Cross, for a grant in the amount of $5,000.00 be denied. 44. CLARINGTON ARTS AND MUSIC FESTIVAL THAT Application #07-35 - Clarington Arts and Music Festival, be approved for a grant in the amount of $500.00. 45. CLARINGTON CONCERT BAND THAT Application #07-36 - Clarington Concert Band be approved for a grant in the amount of $500.00. 46. CLARINGTON EAST FOOD BANK THAT Application #07-37 - Clarington East Food Bank, be approved for a grant in the amount of $1 ,000.00. 47. CLARINGTON FIDDLE CLUB THAT Application #07-38 - Clarington Fiddle Club, be approved for a grant in the amount of $500.00. 48. CONCERTS IN THE PARK (BOWMANVILLE) THAT Application #07-41 - Concerts in the Park (Bowmanville), be approved for a grant in the amount of $750.00. 49. MUSIC NIGHT IN THE PARK - NEWTONVILLE THAT Application #07-48 - Music Night in the Park - Newtonville, be approved for a grant in the amount of $750.00. 50. NEWCASTLE VILLAGE CONCERTS THAT Application #07-49 - Newcastle Village Concerts, be approved for a grant in the amount of $750.00. 51. DRIFTWOOD THEATRE THAT Application #07-42 - Driftwood Theatre, be approved for a grant in the amount of $500.00. Report #2 -9- March 19,2007 52. DURHAM REGION NON PROFIT HOUSING CORPORATION THAT Application #07-43 - Durham Region Non Profit Housing Corporation, for a grant in the amount of $5,000.00 be denied. 53. EPILEPSY DURHAM REGION THAT Application #07-44 - Epilepsy Durham Region, for a grant in the amount of :$1,000.00 be denied. 54. KENDAL LIONS CLUB THAT Application #07-45 - Kendal Lions Club, be approved for a grant in the amount of $500.00. 55. LEARNING DISABILITIES ASSOCIATION OF PETERBOROUGH- CLARINGTON SERVICES THAT Application #07-46 - Learning Disabilities Association of Peterborough- Clarington Services, be approved for a grant in the amount of $750.00. 56. MITCHELL FRASER MEMORIAL SLO PITCH TOURNAMENT THAT Application #07-47 - Mitchell Fraser Memorial Slo Pitch Tournament, for a grant in the amount of $2,120.00 be denied. 57. ROCKY'S RIDE FOR DIABETES THAT Application #07-50 - Rocky's Ride for Diabetes, for a grant in the amount of $3,550.00 be denied. 58. TYRONE COMMUNITY HERALD NEWSLETTER THAT Application #07-51 - Tyrone Community Herald Newsletter, for a grant in the amount of $600.00 be denied. 59. ORONO TOWN HALL BOARD THAT Application #07-17 - Orono Town Hall Board, grant in the amount of $2,500.00 be increased by an additional $500.00 to be allocated specifically for the 175th Orono Town Hall Board Anniversary. 60. 2008 MUNICIPAL GRANTS THAT review of the Municipal Grants Program be undertaken by staff for the 2008 Municipal Grants. Report #2 - 10- March 19, 2007 61. ADULT ENTERTAINMENT BY-LAW THAT Report CLD-006-07 be received; and THAT the By-law attached to Report CLD-006-07 be forwarded to Council for approval. , 62. PURCHASING BY-LAW 2006-127 AMENDMENT THAT Report COD-00B-07 be received; THAT By-law 2006-127 be amended as per Schedule "A" attached to Report COD-00B-07; and THAT the amending By-law (Schedule A attached to Report COD-00B-07) be forwarded to Council for approval. 63. RFP2006-13, PLAYGROUND EQUIPMENT THAT Report COD-009-07 be received; and THAT Council confirm the award of the RFP2006-13, Playground Equipment in the amount of $70,754,71 to Recreation Play Systems, Waterloo, Ontario. 64. COMRIF ASSISTANCE FOR MUNICIPAL ASSET MANAGEMENT THAT Report FND-005-07 be received; THAT Council authorize staff to enter, complete, and submit the necessary paperwork for the Asset Management Program (AMP) as administered by the COMRIF Joint Secretariat; THAT Council authorize staff to enter into a Contribution Agreement with the Province of Ontario when required by the COMRIF Joint Secretariat, with the appropriate By-Law being executed by the Mayor and Clerk; and THAT Council commits to provide its one-third funding contribution to the Asset Management Program consistent with the requirements of the overall COMRIF program at an estimated value of $13,675. 65. MAYOR'S COMPENSATION REVIEW - 2007 THAT Report ADM-002-07 be received for information; THAT the monthly rate of travel allowance for the Mayor be set at $850; and THAT Staff bring forward a comprehensive by-law to consolidate the current compensation applicable for the prevailing term of Council inclusive of the 1/3 tax free allowance commitment as required under the Municipal Act, section 2B3 (7). Report #2 - 11 - March 19, 2007 67. DELEGATION - OAK RIDGES TRAIL ASSOCIATION THAT Harold Sellers, Oak Ridges Trail Association, be advised of the approval for a grant in the amount of $500.00. 68. DELEGATIONS - DIRECT ELECTION OF DURHAM REGIONAL COUNCIL CHAIR tHAT Jim Richards, Linda Gasser and Sally Thurlow be thanked for their delegations concerning Direct Election of Durham Regional Council Chair. REPORT #4 Cl€Jlfflgron REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: . COUNCIL Date: March 19,2007 Report #: CAO-05-07 File: By-law #: Subject: ADVERTISING POLICIES RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report CAO-05-07 be received; and 2. THAT Council approve the Newspaper Advertising Policies contained in Report CAO- 05-07 and the Chief Administrative Officer to amend the Corporate Advertising Policies accordingly. Submitted by:6~~~ Franklin Wu Chief Administrative Officer Monday, March 12,2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717 REPORT NO.: CAO-05-07 PAGE 2 1. BACKGROUND 1.1 As a result of Committee's deliberation of the 2007 Budget on March 2, 2007, the following resolution was passed: "THAT the proposed corporate advertising budget be reduced by a maximum of $86,000.00; and 'THA T the Director of Corporate SeNices report back to Council recommending a revised Corporate Advertising Policy to reflect the reduction in the budget allocation.>> 1.2 Since the recommended budget reduction in corporate advertising impacts various departments, it is necessary for the CAO to review the matter and to report back to Council particularly with respect to what and how various municipal newspaper advertising needs can be accomplished within the context of the GPA recommendation. 2. STATUS OF NEWSPAPER ADVERTISING EXPENDITURE 2.1 The following is an account of newspaper advertising expenditure of as March 19,2007. Proposed Newspaper Advertising Budget in Communication Division GPA recommended reduction Available Newspaper Advertising monies Monies spent/committed to March 19/07 Monies available for Balance of 2007 for Newspaper Advertising $168,153. $ 86,000. $ 82,153. $ 26,178. $55,975. 2.2 The $55,975. available for the balance of 2007 for newspaper advertisement will be sufficient for approximately 20 weeks out of 41 weeks remaining for 2007 assuming the Page 2 advertisement format is maintained. As a result, the full page weekly advertisement will no longer be feasible. Future ads will be placed on an as needed basis. REPORT NO.: CAO-05-07 PAGE 3 In addition to the foregoing change, we will need to eliminate advertisement and notices from external agencies. Essentially, only municipal advertising should be accommodated . 3. FEEDBACK FROM DEPARTMENTS The Director of Community Services has stated that the reduction in the publication of advertisements to support and promote recreation and leisure programs - pre-teen dances, special events, day camps, ongoing fitness programs, etc. - will have a significant and negative impact on the revenue figures that have been projected and approved in the specific program revenue accounts. These programs are promoted in the seasonal Recreation & Leisure Services Guides but reminders to register/participate have been advertised to encourage residents to participate. The Director of Emergency & Fire Services has also raised concerns relative to potentially insufficient budget fund to place public safety announcements that deal with smoke detectors, candle safety, fire safety, and other topics that come up as the result of incidents that occur in the community that reinforces the need for public awareness. Comments have also been received from the Planning Department regarding the advertisement of various planning initiatives such as commercial and economic development projects (Science and Technology Park) that are not necessarily legislated but are needed to ensure that the public is informed and that their input is considered in the process of making policy recommendations. 4. COMMENTS Given the limited monies available for newspaper advertising, it would be prudent for the Municipality to establish priorities. In this regard, all municipal notices, both statutory and non-statutory are considered an absolute necessity. REPORT NO.: CAO-GS-G7 PAGE 4 Furthermore, the types of municipal advertisements cited by the various department heads should also be included. Due to the unpredictable volume of the number of municipal advertisements, it is not possible to predict if the available balance of newspaper advertisement of $55,975. will be sufficient for the foregoing purposes. In this regard, it is prudent that Council allows some leeway in the event over expenditure occurs. 5. PROPOSED NEWSPAPER ADVERTISEMENT POLICIES Staff is cognizant of Council's desire to reduce the 2007 budget impact and therefore propose the following newspaper advertisement policies in order to accomplish this goal. 5.1 All newspaper advertisements be limited to those generated by the municipal corporation. 5.2 Only municipal notices and program advertisements be allowed. With the exception of statutory notices, all other notices and advertisements are to be reduced in size and scope and the citizens will be directed to the municipal website for details. 5.3 The Municipality is not responsible for the placement of advertisement by any external agencies including the Library Board and the Museum Board. 5.4 Placement of newspaper advertisements will be administered on an as needed basis. 5.5 Staff will monitor the newspaper advertisement expenditure and provide a status report to Council early in 2008. 5.6 Existing corporate advertisement policies are to be amended to reflect the above. SUMMARY OF BY-LAWS March 19,2007 BY-LAWS 2007-062 Being a by-law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gerr Holdings Limited) (Item 6 of Report #2) 2007-063 Being a by-law to license, regulate and govern adult entertainment businesses in the Municipality of Clarington and to repeal By-laws 99-123 and 99-130 (Item 61 of Report #2) 2007-064 Being a by-law to amend By-law 2006-127 for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington (Item 62 of Report #2) ~ Clw:-!lJglOn MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 16, 2007 Subject: REPORT CAO-04-07 Attached is Report CAO-04-07 - Funding Request for Lakeridge Bowmanville Hospital listed as Report # 3 on the Council Agenda for Monday, March 19,2007. Ycm\ ~C!L- PB:cf cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 q~mglOn REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: COUNCIL Date: Monday, March 19, 2007 Report #: CAO-04-07 File: By-law #: Subject: FUNDING REQUEST FOR LAKERIDGE BOWMANVILLE HOSPITAL RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report CAO-04-07 be received for information. 1. REPORT At the Special General Purpose and Administration Committee meeting held on March 2, 2007, the Committee directed the Chief Administrative Officer to seek public opinion with respect to the request made by the Bowmanville Hospital Foundation for a four (4) year - Two Million Dollar ($2,000,000.) funding support for the redevelopment of Lakeridge Health Bowmanville Hospital's emergency centre, same day surgery, endoscopy, mammography and intensive care unit. 2. As a result of the Committee's direction, the Chief Administrative Officer retained the service of Collis Research to conduct a telephone poll. The results of the poll is contained in the attached report. d- . ~~-L...s Submitted by: ' S1c Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717 Municipality of Clarington Telephone Survey: Do Clarington property owners agree with a tax increase to help fund improvements to Bowmanville Memorial Hospital? March 2007 r 11 Burk Court Bowmanville, Ontario, L1C 3V7 Telephone: (905) 697-2521 Fax: (905) 697-2425 Web Page: WMY.collis.reed.com E-mail: rcollis@collis-reed.com Telephone Survey: A tax increase for improvements to Bowmanville Memorial Hospital -1- 1.0 Background The Municipality of Clarington commissioned Collis & Reed Research to independently survey the opinions of Clarington residents regarding whether they are in favour a $16 property tax increase over the next four years to help fund improvements to Lakeridge Health's Bowmanville Memorial Hospital. Collis & Reed's mandate was to develop a single question telephone survey, administer the survey, analyze the survey data and prepare a written report of the findings. 2.0 Survey Objectives and Content The objective of the survey was to obtain a general indication of opinions of Clarington residents regarding a proposed municipal property tax increase, which would contribute to the Bowmanville Memorial Hospital Foundation's proposal for improvements to the hospital. The telephone survey script included a brief description of the survey intent, an inquiry to speak with the property owner, followed by intent to continue. If the respondent was in fact a property owner in Clarington and granted consent to proceed with the survey, a single question was posed to ascertain if the respondent was in favor of or opposed to the proposed municipal tax increase. A copy of the telephone script is found in Appendix I. In addition to recording the response to the question, telephone interviewers also noted the age demographic of each respondent. If the respondent without solicitation commented on the issue, that comment was also recorded. 3.0 Survey Implementation & Response Rate Telephone numbers were drawn at random from Clarington telephone listings (500 random telephone numbers were compiled per Ward). Lists of telephone numbers and the Ward number were provided to four trained telephone interviewers. Note: these interviewers did not know the names of the residents they were calling nor their exact address. Interviewers accessed the script and response form via computer. The telephone survey script is presented in Appendix I. Residents on the telephone list were contacted by telephone between 11 AM and 8:30 PM from Thursday March 8th 2007 to Monday March 1ih 2007 (no telephone calls were made on the weekend). Three-quarters of the telephone interviews were conducted on March 8'h and 9th in order to avoid availability biases that might be associated with school March Break which took place during the week of March 12th. If the respondent did not answer the telephone, the interviewer recorded this and tried again during a later calling period. Each interviewer made up to three attempts to reach each number on their list. Collis & Reed Research www.collis-reed.com 905-697-2521 rcollis@collis-reed.com Telephone Survey: A tax increase for improvements to Bowmanville Memorial Hospital - 2- A total of 511 potential respondents spoke with telephone interviewers; of these 400 met the Clarington property owner criteria and agreed to participate in the survey. Of the 111 people who did not participate in the survey, 43 were not property owners, while 68 refused to participate in the survey (a response rate of 85%). 4.0 Survey Results As a property owner, are you willing to pay $16.00 more a year over the next four years to improve emergency room and other services at Bowmanville Hospital (also known as Lakeridge Health in Bowmanville)? YES NO Freouencv 297 103 Percent 74% 26% These percentages are accurate within 4.5%, nineteen out of twenty times. There are no significant differences between Wards or age categories. Respondents were not asked to elaborate on their opinion. However, whenever a respondent did make a comment, the telephone interviewer did record the gist of their comment. In total, 48 respondents made unsolicited comments. They were equally split between people who agreed and disagreed with the increase. Those who disagreed with the increase felt that taxes were already were too high, they could not afford a further tax increase, they did not use Bowmanville Memorial Hospital or they thought that funding for this type of improvement should come from the provincial government. Those who agreed with the increase typically stated that this is a better use of tax payer's money than many initiatives, but they would like to see assurances that the money will actually go to the hospital and that after four years a $16.00 decrease in property taxes will actually take place. Collis & Reed Research www.collis-reed.com 905-697-2521 rcollis@collis-reed.com T eleohone Survey: A tax increase for imorovements to Bowmanville Memorial Hosoital - 3- Appendix I Telephone Survey Script I'm calling on behalf of the Municipality to seek the opinion of property owners regarding an issue concerning taxes and health care. Are you a property owner and as such pay municipal property taxes? If yes, May I speak with the person responsible for paying these taxes. If no, thank them for their time. Hi, I'm , the Municipality of Clarington has commissioned Collis & Reed Research to conduct a one question survey about property taxes and health care in Clarington. This question requires a yes or no answer. It will take less than a minute of your time and your response will be kept confidential. May I ask you this question? If no, thank them for their time. As a property owner, are you willing to pay $16.00 more a year over the next four years to improve emergency room and other services at Bowmanville Hospital (also known as Lakeridge Health in Bowmanville)? YES or NO Thanks for your response but before I let you go, for demographic purposes, which age category do you fall under? A under 30 B 31-50 C 51-64 o 65 or older Thank you very much for your time and have a great day. Collis & Reed Research www.collis-reed.com 905-697-2521 rcollis@collis-reed.com CJm:ll!gron MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 16,2007 Subject: COUNCIL AGENDA- MARCH 19,2007 Please be advised of the following amendments to Monday night's agenda: DELEGATIONS s) George VanDyk - Direct Election of the Regional Chair t) Sam Wedlock - Direct Election of the Regional Chair u) Dan Carter, CHEX TV - Touching Lives, A New Door to Emergency Care Campaign v) Ibi Biesenthal - Application To Permit An Automotive Salvaging/Recycling Operation With Screened Outdoor Storage Abe's Auto Recycling - (Item 3 of Report #2) CORRESPONDENCE Attached please find correspondence from L'naya Hindman in support of the tax increase to provide funds to the Bowmanville Hospital and correspondence from Bonnye Hill-Fusco supporting an increase in taxes to help fund the proposed renovations to the emergency room at Bowmanville Memorial Hospital. 81\..- Patti L. Barrie PB:cf cc: Frank Wu, Chief Administrative Officer Department Heads attachment CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Page 1 of 1 Barrie, Patti From: Lnaya Hindman [Lnaya.Hindman@dc-uoit.ca] Sent: Friday, March 16,20072:52 PM To: Barrie, Patti Subject: Hospital expansion and tax increase Good afternoon, A co-worker provided me your email address as I cannot attend the meeting on Monday regarding a tax increase that would help provide funds to the Bowmanville Hospital to expand the emergency room and expand other services as noted in the Clarington this week article on March 14/07. My family is in full support of this increase and hopes that council will pass the vote on March 19th Please feel free to contact me if you have any questions or need clarification. In case you need it my home address is: Many thanks, L'naya Hindman Manager, Research Accounting lJOlT Finance Department phone: 905-721-3111 ext.2663 fax: 905-721-3199 IIlClYCl,hindmCln@.uoit.ca 3/16/2007 Page 1 of 1 Barrie, Patti From: Bonnye Hill-Fusco [Bonnye.Hill-Fusco@dc-uoit.ca] Sent: Friday, March 16, 2007 2:49 PM To: Barrie, Patti Subject: tax increase for hospital donation Hi Patti, I have read about the proposed increase to our taxes to help pay a portion of the hospital emergency room expansion and would like to voice my support. I have lived in the Clarington area for more than 18 years and have utilized the emergency room on many occasions. It is my opinion that we are very lucky to have such a wondertul hospital in our community. If council decides not to support of the renovations I think they would be doing a disservice to the people of Clarington. Please accept this email on, behalf of my entire family, as support to increase our taxes to help fund the proposed renovations to the emergency room at Bowmanville Memorial Hospital. Thank you, Bonnye Fusco Financial Analyst - Research Research Accounting University of Ontario Institute of Technology 905-721-3111 x2718 bonnye.hill-fusco@uoit.co 3/16/2007 4' . Cl!J!pn MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 19, 2007 Subject: COUNCIL AGENDA - MARCH 19, 2007 Please be advised of the following amendments to tonight's agenda: DELEGATIONS b) Ron Hammond, Triad Metals Holdings, ULC, has advised he is unable to attend tonight's Council meeting and has submitted his written comments (attached) in opposition to the development application by Abe's Auto Recycling - Item 3 of Report #2. CORRESPONDENCE Attached please find correspondence from Scott & Kerri Hanthorn, Clarington homeowners and taxpayers, in support of the hospital expansion, l 610, PB:cf cc: Frank Wu, Chief Administrative Officer Department Heads attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 ~ ._TAU 'NRRII...nOIlA-L Phone 412.331.7772 Fax 412.771.9316 March 19, 2007 David J. Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Oarington 40 Temperance Street Bowmanville, ON llC 3A6 RE: Objection to Development Application by 1377019 Ontario Inc. (Abe's Auto Recycling) Dear David, I am scheduled to appear at Council Chambers, 2nd Floor, Municipal Administration Centre on March 19, 2007. Because my partner Jeff Hronclch is on holidays he scheduled me in his place. Unfortunately, I have meetings that t had cancelled once before that cannot be rescheduled a second time. Because I will not be able to attend t would ask that you consider this letter as Triad Metals Holdings, UlC objection to the Official Plan Amendment and proposed Zoning By-law Amendment, under Sections 17 and 34 of the Planning Act with regard to 1377019 Ontario Inc. (Abe's Auto Recycling) Triad Metals Holdings, UlC land borders 1377019 Ontario Inc. We have worked diligently to find a solution to our concerns. When we all agree to agree Mr. Afana who is the principle of 1377019 Ontario and Abe's Auto Recycle changes the rules of the game. The latest incident was at the March Sth meeting at Councils Chambers. Jeff Hroncich was entering a fonnal objection on behalf of Triad. Once again Mr. Afana agreed to sign the already agreed to document. This agreement Is In the best Interest of the Municipality, Mr. Afana and Triad. Once again Mr. Afana changed the document to reflect a more onerous outcome to Triad. Triad Metals Holdings, UlC is concemed about the devaluing of our property. The property of 1377019 Ontario Inc. will contain a "junk yard" with recycled car parts. Depending on Abe's Auto Recycling cycle there will be cars piled up one onto the other creating blight on the surrounding area. There are significant concerns with environmental issues due to used car fluids leaching into the ground. As you know, well water is our only source for drinking in the area. There are other concerns, which our Solicitor will prepare on our behalf. Please consider this as Triad Metals Holdings, UlC fonnal objection to 1377019 Ontario Inc. development plan application and request for approval of Official Plan and Rezoning Amendment. If it is necessary to contact anyone else with regard to this matter, please let me know via email. I will be returning to my office no later than 6 PM on Monday March 19th. For good order sake I am copying Mr. Afana, Ron Annstrong, Jeff Hroncich and Franklin Wu. Thanking you in advance for your help in this matter. Sincerely, Ron Hammond Triad Metals Holdings, UlC WAREHOUSE AND PROCESSING DIVISION 3480 Grand Avenue Pittsburgh, PA 15225-1508 Mile Marker 7.3 Ohio River Page 1 of 1 Barrie, Patti From: Scott Hanthorn [shanthorn@look.ca] Sent: Friday, March 16,20075:10 PM To: Barrie, Patti Subject: Supporting the Hospital expansion... Hello, I am emailing with regards to the small increase in municipal taxes to help fund our hospital. I am a home owner & tax payer in Clanngton and I believe that funding hospital initiatives that will help keep up with the growth of our community is very important. Scott Scott & Kern Hanthorn No virus found in this outgoing message. Checked by A VG Free Edition. Version: 7.5.446/ Virus Database: 268.18.1 11723 - Release Date: 15/03/200711:27 AM 3/19/2007 C/!J!ilJgtDn MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 19,2007 Subject: COUNCIL AGENDA - MARCH 19,2007 1 . Attached please find the following correspondence: . W. Kay Lycett and Pat Irwin Lycett concerning the election of the Regional Chair and a municipal tax increase in support of the Bowmanville Memorial Hospital. . P & R Haynes in opposition to the 1.85% increase in taxes to offset funding for the Bowmanville Memorial Hospital. . Jean-Michel Komarnicki forwarding comments regarding the Municipal Budget, Page 2 advertising and the funding request from the Memorial Hospital Foundation suggesting if Council supports the Hospital request, it should be through a separate levy and by a general tax increase. . Harold Mills, in opposition to the request from the Memorial Hospital Foundation and expressing concern with the 9% tax increase. ',... . A. Tielemans advising he is not in opposition to the request for funding from the Memorial Hospital Foundation but suggests each household be charged a certain dollar figure as opposed to a tax levy and that an income tax receipt be issued to each contributor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 2. Correspondence Item D-12 from Ernest Burnie, Wilmot Creek Homeowners Association is requesting a Stop-Whistle Designation on the two rail lines running in close proximity to the Wilmot Creek community. For Council's information, I am forwarding a copy of Report WD-33-01 which Council adopted in 2001 addressing this issue. PB:cf cc: Frank Wu, Chief Administrative Officer Department Heads attachment 2007-03-16 To Mayor Abernethy and our Councillors: ON CIVIC RESPONSIBILITY It is our considered opinion that we wouLd be remiss in our civic duty if we simply cast our votes. but failed, thereafter, to show an active interest in the process. DemocIacy demands it. We favour a two-term limit to the office ofRegiollal Chair. We would further suggest elections of some key staff positions. The hoLders would then be more directly responsible to the people. We enjoy having a hospital in Bowmanville, and, to that end, are in favour of a 1.8% increase in our municipal1ax~. Yours very truly, W.Kay and Pat Irwin Lycett Page 1 of 1 Barrie, Patti From: RONALD HAYNES Sent: Sunday, March 18, 2007 9:12 PM To: Novak, Mary Subject: 1.85% health tax. I am against a 1.85% hospital tax put on our taxes. Once its on it will never come off and will probably go up every year. Enlarging emergency space wont solve waiting time. Its a doctor shortage. We are being hit with a huge tax hike as it is and people on low and fixed incomes cant afford anymore. P & R Haynes 3/19/2007 Page 1 of2 Barrie, Patti From: Jean-Michel Komarnicki Sunday, March 18,20076:29 PM MayorsExlemalMailGroup; Novak, Mary; Trim, Charlie; Foster, Adrian; Hooper, Ron; Woo, Willie; Robinson, Gord Subject: Municipal budget and hospital foundation request Sent: To: Dear Mayor and Members of Council, I would like to offer you a few brief thoughts about the municipal budget. First, I have no problem at all with the reported tax increase. I am quite sure that the Director of Finance has already wrestled all the Department Heads down until they cried mercy! The percentage amount is much less important than the actual dollar amount, and the reported additional dollar increase is reasonable. 1 would much prefer that Council work toward finding ways to improve our municipality as a healthy community, with all that this entails, rather than spent an inordinate amount of time and effort to reduce the tax bill by a few dollars. 1- Advertising budget I gather, from newspaper reports, that 'Page 2' is likely to be discontinued. I believe that 'Page 2' is/can be an excellent use of our money - we no longer have a local paper that can be counted on to provide us with news and advice on what is going on in the municipality (except perhaps for the Orono Times). I always read Page 2. I would be happy to see the budget increased to ensure that the municipality has a regular, easy to fmd vehicle to provide information -both legally required items and other of more general interest. If'Page 2" is indeed to be discontinued, I would urge you to restore the budget for it. The additional amount of tax for this is minimal (I roughly calculate the reported $86,000 advertising budget cut to be under 9 cents per week per household -$86,000 /19254 households /52 weeks). Where can you fmd that much important information for under a dime per week? 2- Hospital request This is not the first time that a request to fund some form of health care program or facility was made to council. I would not object to be assessed an amount to fund the request from the Memorial Hospital, but: I strongly object to have the amount added to the general municipal budget. The responsibility for funding health care facilities belongs to the Province. There is no legal connection between Lakeridge Health Corporation and the municipality. I do not know, but I presume that the hospital Foundation is not independent from the LHC. In effect, we would be transferring cash to a third party and have no possibility of oversight on that money. Even with the new facilities and a need for them, Lakeridge could, or could be forced to, close the facility. Clarington would have no authority whatsoever to prevent that. I find it somewhat difficult to understand why LHC would only improve facilities in Clarington if the municipality pays for a substantial portion of the costs. That could allow LHC to improve similar facilities at its other locations at, in part, Clarington's cost. I do, however, have no issue with the idea of paying for the improvements at Memorial if Council decides that it is important for the municipality to support the Foundation financially. If Council decides to give cash to the Foundation, there should be some form of direct control over that 3/19/2007 Page 2 of2 money by the municipality. If Council decides to give cash to the Foundation, the cost should not be lumped into the tax bill, but rather shown as a separate levy for the purpose. It must be made abundantly clear that the levy is NOT a municipal tax increase, but an extraordinary charge to fund an LHC facility. Thank you very much for your time and consideration. Sicerely, lean-Michel lean-Michel Komarnicki 3/19/2007 Page 1 of1 Hooper, Ron From: MARGARET MILLS Sent: Thursday, March 08, 2007 10:30 AM To: Hooper, Ron Subject: hospital Hi Ron This is not an attack against you, but since you're my local counsellor here goes. I was shocked to see an almost 9% tax increase, (responsibility of previous council), Now the hospital wants a bailout. Absolutely NOT.We,ve seen what happens when someone gets their foot in the door, it never stops.The police budget is out of control and noane dares to counter them. School taxes are another story. I'm absolutely astounded that everything that it takes to run a town and a region can be done with whats left over Good Luck Ron Thanks Harold Mills 3/8/2007 / ~ c:r..-rn /H~i ,.# c!/Y;;-.'fi, "'-i , / t:?Wn c79"~ ~;. ~#r7~,/d h-,t.aht' //~~ -' tf' /,tJ. PN. .T~d'?7/~/ ./.,,(~ /?7cr/~t? 4e7~r /4' J~;., 0' (7 <7 ~v~--u-t t-/ k-/ /.;' d Z ~> .,d!/ ~?f,",/-n--r /r~ p (/ tP.Y a A~/ /CJd?nL fl47;h~ /vLd ftA-~;/ /1?7d< /~~ /' ' , .f" cJ~J. 4/cu/, ~k. /6'< ~?/#pU~~dn~ ?! duf /J2"'?r C"~-&-;7 ~ ~-;;;;-? d rd"h?7 ~~cr .4n~'?U.y A~ /.-,4; ~/!74--~" / P' - . v ~d 4-/,H~ /f z:; 4' ~~//'/d~ hu~/,~~. 4 C7 ' 44:" Z'~~4-~ .oA'~#' /Vc;u;';-t: d ;e~ C'A-=. , (/ .. .. ____,...__ ~Jce'~ '/.r - .---- #~. ~ /.74P~ /~'>? ---&u?'- V ~dt?:r'n /1/' .-t~~ ~> '1/?Z /J77/H.u L/&~-n. 1 3 u V -_.r.'" """ c/ P Q _ ~ ' he c??ru TA"..- -4 i /~ tJ . ~ k~~d ~FM~h1.c- d ~H-i~~~ '7 P' (/ . cr-~ U /?~r'~ Zh4T A!f"~fi;4 a.4J?~/ /~ , 7 v ~ /kA/ ~ C'//J? ~.--6' "dt ~l?7 ~ a ~/u/A/ ~? , , /~~'U-~ /~_ /' .,--- / ~.J",--/c~/~ /;) 7/E/.e h7 "'1-Y/ -. ~ .. ~,=' ,,-~:'~~, ' ."fII .t- ! ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meeting: REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #M Res.#~~/ Date: JUNE 18,2001 Report No.: WD-33-01 Our File No.: RRI0.10 By-Law # Subject: a; -- - ---- AND FLAT SPOTS ReeommeadatioDs: It is respectfully recommended that the General Pwpose and Administration Committee recommend to Council the following: 1. THAT ReportWD-33-01 be received; 2. THAT in the interest of public safety, and liability concerns, the Municipality not proceed with an anti-whistling by-law as a means of reducing ''nuisance noise"; 3. THAT staff not proceed with a fonnal request and pay subsequent inspection costs of approximately $400.00 to the rail authority to consider an anti-whistling policy at the Scugog Street, Bowmanville crossing; 4. THAT staff not proceed with a formal request(s) and pay subsequent inspection costs of approximately $400.00 per crossing to the rail authority(s) to consider an anti-whist~ policy at the following locations which already have the minimum protection of railway gates or where gates are approved for 2001: . Port Darlington Road, Bowmanville, C.N.R. . Toronto Street, Newcastle, C.N.R . Metca1fStreet, Newcastle, C.N.R . Riley Road, Newcastle, C.N.R. . East Townline Road, Former Clarke Township, C.N.R. 714 ~._:~ .< :... o REPORT NO.: WD-33-01 PAGEl . Darlington Park Road, Courtice, C.N.R. . Bennett Road, Bowmanville, C.N.R. . Cobbledick Road, Newcastle, C.N.R . Baseline Road (McKight Road), Courtice, C.P.R . TrulIs Road, Courtice, C.P.R.; and 5. TIlAT Mr. Doug Hately be provided with a copy of this report. REPORT 1.0 ATTACHMENTS No. I: Cmrespondence dated October I, 1999 from C.P.R. No.2: Correspondence dated October 5, 1999 from C.N.R. No.3: Correspondence received October 25,1999 from Mr. D. Hately No.4: Transport Canada Railway Safety Directorate Guideline No.1, Procedure and conditions for eliminating whistling at public crossings dated August 13, 1999 received J\Ule 2000 No.5: Key map showing level railway crossings which have protective crossing gates or are approved for 2001, which is a minimum requirement before anti-whistling can be considered. 1.0 BACKGROUND 2.1 At a meeting held October 25, 1999, CoWlCil passed the following resolution: "THAT Correspondence Item 1-10 and Item 1-11 be received for information; and TIlAT Correspondence Item 1-10 and Item 1-11 be referred to the By-law and Works Departments in order to meet with C.P.R. and C.N.R. staff in order to mediate excessive noise from train whistling and also review the warrants for protective crossing gates and report back to Council." 715 .' tli - . REPORT NO.: WD-33-01 PAGE 3 2.2 At a meeting held on November 8, 1999, Council passed the following resolution: "THAT Correspondence dated October 20, 1999 from Mr. D. Hately be referred to the By-law and Works Departments in order to meet with C.P.R. and C.N.R. staff in ordec to mediate excessive noise from train whistling and also review the warrants for protective crossing gates and report back to Council" 3.0 REVIEW AND COMMENT 3.1 Protective Gates at SCu~!! Street, Bowmanville Staffmet with representatives of Transport Canada and C.P.R. during June of2000 and all parties agreed that with existing and future traffic volumes that the addition of gates would improve public safety. This budget item in the 8DlOWlt of$21 ,000.00 was approved in the 2001 budget. 3.2 Other At-Grade Crossin!! Locations ReQuirinR Protective Gates Transport Canada, C.P.R. and Public Works have also identified the fonowing locations where upgrades to provide gates are approved in the 2001 budget: . Trolls Road north of Baseline Road . Baseline Road east of McKnight Road 3.3 Flat SIlOts Residents occasionally complain of excessive train noises, which they believe to be "flat spots" on train wheels. Such wheel abnOJ1Wllities are the focus of rigorous inspection and repair programs and are rare occunences. All railway crossings are posted with a 24-hour ton free phone number and a crossing identification number for anyone to call if they are aware of an urgent safety problem. 716 l~ W , REPORT NO.: WD-33-01 PAGE 4 3.4 Train Whistlin2 ~tions Whistling in Canada is governed by Transport Canada - Railway Operating Rules, which state that: "Long -long- short -long At least onc>quarter of a mile from every public aossing at grade (except within limits as may be prescribed in special instructions), to be prolonged or repeated according to the speed of the movement until the crossing is fully occupied by the engine or cars, At frequent intervals when view is restricted by weather, curvature or other conditions," The train engineer has the right and is obligated to sound a whistIe at any time hazardous conditions are encOlmtered or perceived and may do so notwithstandina the existence of an anti-whistling by-law, The whistIes on all trains manufactured since 1982 are push button controlled to provide a consistent sound level, However, local weather conditions and wind direction can affect the noise a whistle makes. 3,5 Anti-Whistlinll By-Laws The railways and TrlII1SJl<lI1 Canada both recognize that precautionary whistIing can be a nuisance for occupants of dwellings close to the railway, In this regard, the parties are prepared to wolk with municipal governments to establish exemptions from the whistling role, IX'Ovidinl!: that to do so. does not COlllPronllSC oublic safety. The Municipality must meet Transport Canada's guidelines for eliminating whistling at a public crossing. The guideline is neither a regulation, nor an order. Therefore, it does not have the force oflaw. If an accident were to occur, the Municipality who made the change would be under a stricter duty of care. 711 , ~ ,It ... , REPORT NO.: WD-33-01 PAGES An anti-wbist1ing by-law establishes a methodology for removing the use of train whiStles at at-grade crossings, provided that other safety elements including fla.qhing lights, bells and gates are in place, Additional safety requirements may include "hAinlink fencing, signing, brushing or even consideration of a pedestrian overpass to resolve trespassing problems. 3,6 Whist1im1; at SCUjI;Ol!; Street At-Grade Crossinll This location cannot be considered for inclusion in an anti-whistling by-law until after the gates have been installed, After the gates are installed, this location should be reviewed for other safety concerns before any consideration is given to an anti-whistling by-law, There is a trespassing concern in this area where pedestrians have climbed or cut the chain link fencing near the north C2ld of Waver ley Road and walk along the tracks over King Street, A fatality also occurred a number of YcaIll ago when a pedestrian was killed whiIe trespassing on the tracks at the Liberty Street Bridge, 3,7 Insurance The Municipality would be required to execute an insurance agreement with the rail authority, whereby the parties equally share the cost of the annual insurance premium per crossing, Approximate annual municipal cost would range from $1,000,00 to $1,300,00 per crossing (11 (eleven) crossings in total) with a SI0.000.00 deductible, These costs are also subject to escalation and would be in perpetuity. The premimns would be subject to significant increase depending upon the number and extent of claims at a given crossing. An initial inspection fee would also apply, which must be paid for solely by the MlII1icipality. At this point it is uncertain whether the municipal insurance pool would require separate policies outside of the pool It should also be noted that the liability may reside entirely with the Municipality if it proceeds with the no whistling policy, 3,8 RiskMantiernent The Railway and the Municipality are the only authorities responsible for anti-whistling; this gives individuals who suffer damage as a result of a crossing accident the right to question the decision to cease whiStling in court, The thought of removing whistling as a safety device cannot be taken lightly, as a collision with a freight train loaded with chemicals could 718' ,,,,,' :W/ , REPORT NO.: WD-33-01 PAGE 6 impact the entire community, Poor sight lines at railway crossings are an area of municipal exposure that is on the incresse. Without the train whistle, proper sight lines become critical for safety and the courts in recent case law have demonstrated no reluctance to impose liability when vision was a factor, According to eN. Rail: "Every yesr some 350 accidents resulting in over 50 fata1ities take place at railway crossings in Canada". There is a concern that removal of train whistling may affect the cmrent insurance pool. As well, in esse law, anti-whistling by-laws place an additional liability with respect to repair of level crossing safety equipment. The road authority is frequently found primarily responsible for property damage claims by third parties (i.e. vehicle damage). The same is also true for bodily injury. 3,9 Future Anti-Whistlinll ReQuests If anti-whistling is introduced at one crossing in C1arington, additional requests are sure to follow. In fact, if Staff and Council are prepared to support anti-whistling at anyone UIban crossing, then a proactive approach to the other C1arington crossings should be considered. Due to the costs and increased risk of accidents if whistling is removed, such policies should only apply in UIban areas, where "nuisance whistling" affects thousands of residents. Anti-whistling by-laws cannot be introduced at a crossing unless other safety devices including railway gates are in place. Railway gate systems cost approximately $175,000.00, with Transport Canada funding 80"'" and the railway contributing 8%, leaving 12% fur the road authority. Neither Transport Canada nor the rail authority will contribute their share just to introduce anti-whistling. To justify the expenditure of gates, there must be a real safety concern such as a double track, a siding adjacent to a track, high accident exposure factors based on automotiveltrain volumes and speeds, or accident history. 719 ,''PO "..}' , REPORT NO.: WD-33-01 PAGE 7 3.10 Costs The introduction of anti-whistIing policies will add to municipal budgets in a number of ways. . Staff time, fencing inspections . Railway Safety Inspections . Additional insurance with costs subject to increases from liability claims ($10,000.00 deductible) . Cost of safety protection upgrades to meet anti-whistling guidelines . Additional annnal mA;ntenA""C costs for fencing and other safety devices 3.11 Other Municipalities 1be City of Oshawa introduced anti-whistling at three crossings during July 2000 but still receive complaints because the by-law only removes the legal obligation for the train engineer to sound the whistle. Many train engineers still sound the whistle because they feel it is a neces&al)' safety feature while others sound the whistle anytime they see motorists or pedestrians near the crossing or along the tracks. The Town of Cobourg is funding a safety review to determine what upgrades and costs wou1d be involved to reduce whistling to benefit tourism. The Town of Port Hope has rc;jected the anti-whistling requests to maintain . a higher level of safety while avoiding coatIy upgrades and liability concerns. 4.9 CONCLUSION 4.1 The removal of whistling lIS a safety device cannot be taken lightly, as the additional coats of insurance, accideIIt claims, annual maint""Ance and staff time will impact the entire community. From a staff perspective, the removal of the whiAtlil1g safety device cannot be supported. In other areas where anti-whistling by-laws have been approved, it has been a Council decision when the community feels the benefit of stopping "nuisance whistling" for IIC8Iby residents outweighs the costs involved and increased risks to residents, pedestrians and motorists. .. 720 ,.^'" , .. . REPORT NO.: WD-33-01 PAGE II Respectfully submitted, Reviewed by, ~~, Stephen A. Vokes, P. Eng., Director of Public Works cJ ,~..R-e..._ ~~ Franklin Wu, Chief Adminis1rative Officer ROB.SA V.ce 11/06101 Pc: Mr. Doug Hately 3 First Street Bowmanville, ON LlC2A2 721 I. CI) CANADIAN PACIFIC RAILWAY Suite 2011 ~ UnMrsity ....venue T_ Ontono MSI'TI .....1 Thuman - ......AIf<*s"""M__ Tel (416) S'S.)()]2 OClober I, 1999 10hn Mutton Regional Councillor Municipality ofClarington Regional Municipality ofDurham 40 Temperance Street Bowmanville, ON, LIC 3A6 Dear MI. Mutton, In response 10 your September 24 letter regarding complaints of excessive whistling in Bowmanville and noise from railway equipment, please refer to the following excerpts from Transport-Canada-approved Canadian Railway Operating Rules: 14 (1) long - long - short - long (ii) At least one-quarter of a mile from every public crossing at grade (excepl within limits as may be prescribed in special instructions). 10 be prolonged or repeated according to the speed of the movement until the crossing is fully occupied by the engine or cars. (iii) At frequent intervals when view is restricted by weather. curvature or other conditions. While we are required to adhere to procedures which have the weight of federal regulations, the Canadian i'acific Railway and its eastern subsidiary, the'St. Lawrence & Hudson Railway, recognize that precautionary whistling can be a nuisance for occupants of dwellings close to the railway. In this regard. we are prepared to work with municipal governments wishing to establish exemptions from the whistling rule, providing thai to do so would not compromise public safety. For further information, please contact Gerry McKechnie, Public Affairs Officer, St. Lawrence & Hudson Railway, 416 595-3010. ./2 722 ATTACHMENT NO.: 1 REPORT NO.: WD-33-01 .' I. COURCIL IKIOIIHAUOII 1-11 CN i3 ~ .- _. 5:.): ,i .:~~~";.:.-::"I:". -r- .... .' "-.., I !'II' ') .. : . f; ~. t i 'J ..J '7;,)..J "~. October 5,1999 , , :\ J- . :...~.,:t.J(;,.;." .....;. ;':.",... .IJt'4 .; to "~,r:c .~ .~~ . .. Her Worship Mayor Diane Hamre Municipality of Clarington 40 Temperance Street Bowmanville, ON LlC 3A6 Noise from train operations - including train whistiing - is a fact of life for many Canadians who live near railway facilities. In fact, train whistling is often considered a nuisance that "someone" should remove. However most people don't fully understand that train whistles, together with crossing protection, ~ a key element in ensuring public safety at road/rail intersections. As such, any change in their use requires careful consideration by both the railway and its regulator, Transport Canada. The aa:ompanying pamphlet explains - in clear tenns - the regulatory and safety reasons behind train whistling. who regulates train whistling. and the process for implementing an anti-whistling bylaw should a community desire that option. We trust thaI this information will prove useful to you and to those of your constituents with questions about train whistling. Additional copies of this pamphlet are available by contacting our toll-free public enquiries line at 1 888-888-5909, where an operator is available to handle your request during core business hours. Thank you. ~ -"- .,- . ------- . D;~UT:ON- . -~--- .... ran Thomson Director - Public Affairs . ~ .~2~" :c..c~,-. \ :\.......~ .... 0 - ..--.' :..:=- " Enclosure 724 '. ATIACHMENTNO.:~' ;."'~,Il~ WD~ .__.....:.::..-:~~- . .. 'I, COUNCIL DlRECTIOlI D-S ,. ,- Ocr Z5 2 18 fit '99 3 FISt SIreet ElowrnarNiIe ON l1C 2.A2 0daber20,1999 ,',t"'t;..'I" .;, .,.. \ ',-' :~ l~~ ". -~. ...... ~ MlI\<< and CouncI Members Municipally of 0...1009100, Ml T ",.Ijlel_1Clt Slreel BOMnahwle ON l1C 3A6 Madam Ma\<< and ""libels of CouncI: QuaIly of life h cenIr8IllclwlnamIIle v.oo\d be Impl'CMld I the horn bIoIMng for the CPR co...... 'II at SclI909 Slreel_ ctisc:onlnJed. Crossing gales would h;we to be ntalIed and insurance issues ~ [ :I. The Clyof os- ha been llUlX ~ ll~ h e1imlnatlng horn blowing 81. runber of ............. but tie '" Is lime CXXISUIl1ing lInd ~ tie Canadiln T.....,j)(lot Cotld" . -', the raftet and the municlpaIlly. Peler SlIeveIIIIClIl at the City of Oshawa TllIllSpOllalion ~'IIeo.t(Phane438-5608 Elll281) ClII'I provide detals. Wi! cauncI SllIlIlOrt a motion tIO SlUdy lInd Implement tie e1im1lalion d horn blowing lit the 5eugog S1reet coossillg? SilceIe/y DI::>'~T10N , ; CLERK LP j I -, lACK. 8'f ORIGINAl COPlESm Doug W. Hately 905-697-0275 " '?oL_#9~--,-. 725 AITACHMENT NO.: 3 REPORT NO.: WD-33-01 .. PROCEDURE AND CONDITIONS FOR EUMINATlNG WHISTU~ AT PUBUC CROSSINGS Backaround EllIine whistling requirements are controlled tI1rough the Canadian Rail Operatilg Rules (CROH). Rule 14(L)(ii) requires whistlilll for publi: a"OSSi1gs at grade "except as may be prescrbed i1 special instructions'. The railway company can initiate an exemption by issuing an nsln.K:lion which eliminates the application of rule 14(L)(ii). Procedure Municipatities seeking relief from whistl~ at pubic crossngs must now contact \he pertilent railway company di"ectly 10 discuss tile matter. At the same time, the mU1icipality must also notify the general public and all relevant organizatDIlS of its intention to pass a resolution folbidd~ the use of whistles in the area. The organizatDns are shown in Schedule D. For any crossings where tile road authority is not the municipality itself, then the road authority must also be contacted. If the muncipalily and the railway company, and the road authority where the road authority is not the municipality itself, are in agreement, and the crossilllS meet the requirements outlined i1 Schedule A attached, the municipality should pass a ITIOtiln prohibiting whistling. If a dispute arises, one or the other party may contact \he pertinent regional director of the Surface Group in order to mediate (addresses listed in Schedule C). ---- all:: 1IupI.'3.199l1 726 ATTACHMENT NO.: 4 REPORT NO.: WD-33-01 .' ',; ; 2 'M1ere an agreement has been reached between the rait.Yay and I1e ml.Wlq,ality (and the road authority, in the above-mentioned case) that whistling may be disoontinued, . the l8iM4iy should arrange Ie have the crossings inspectecl by a Transport Canada railway safety offlC8f. If the offDll" is of the opinion that the crossirgs meet the oondlions alfItained in Schedule "A" of this guidelne, Transport Canada's Dir'ecD" General RaDway Safety will confirm this opinion by Ietler {sample letter attached as Schedufe "8") lD the railway invollled, bllowing which, the railway may issue special ins~ ermi'lating the application of CROR Rule 14(l)(ii) at the crossings. If the crossing meets the conditions contained in Schedule "A" of this guideline but the officer has some safety concerns, the correction of which is a straighti:lrward matter (for example: bnJsh clearing, signal circuit shortening), they wit be identified in the letter. They should be addressed prior to the elinination of whistling at the crossing. If the crossing does not meei the general conditions set out in Schedule"p:' or if there is a serious safety concem, the parties wiN be advised by letter that the whistling should be retained. Otice the corrective measures haw been carried out, the officer may be nvited to reinspect the locations. Examples of such problems are trespassing, the absen::e of O'9CeSsary automatic waming devices, and so forth. Ordinarily, the officer will visit the site after the railway's reques~ howeller, he or she may become involved sooner. Augult 13. 1999 · 7"2.7 .' .. 3 In the case where the raihNay does not agree lD a prohibition of whiltling, it should inform the municipality of its reasons and also advise Transport Canada. Conditions The folowing outli1es suggested concIilions for crossings where relief from whisting is being sought 1. Crossing warning systems should be as ildicated on the attached Schedule A 2. Generally, whistfill restri::tions should be on 8 24 hour basis. U1der exceptional cin:umslances, and following consultation with Transport Canada, relief from whistling may be permitted between the hous of 2200 and 0700, bcaJ tine. However the prolection requirements should be the same as lOOsa required br a 24 hour whistlin;l relief. 3. Rules, respectill the sounding of locomotive bels, should still apply. 4. Wlere a crossing has experienced two or more accidents in he past fl\l8 years, even if lha requirements lac out in Schedule A are met, the railway should refer the matler lD the appropriate regional di'ecbr of the Surface Group for a thorough safety n!view before whistling is discontinued. ---- aa::: "'-"13.1999 728 t' ~. ~ SCHEOULEA GUIDEUNE NO.1 TRANSPORT CANADA RAILWAY SAFElY DIRECTORATE . Except in cases where there is no possib~ity of a second train occurrence. Noles: 1 . Railway advance waming signs (Type VloC-4, 4L or 4R) should be installed on all vehi:ular approaches as per clause A.3.71 of the Manual on Uniform Traffic Control Devices for Canada. ...2 ---. gg: A1q.lIl 13, 19911 729 ~~ '.', 2 2. Res is piclDgram type relIacDimd crossi1g sign. These are mandatxy at aU public cross i1gs. 3. FLB is flashing lights anclbell. 4. FLB & G is flashing Ights, ben and gates. 5. Guide fencing is for the plXpOSe of preventi"Q detlurs around lhe maze berriers. The design should be site SpecifIC. 6. Additix1a1 signs, signals, or a oombinati:ln thereof may be required if speclic safety problems exist at a particular crossi1g or if requiemenls, as outlined in the grade crossing regulations, exist for a higher form of protection. 7. Normal railwa"y operations sha. not result in approach waming times of an 8\Dnatic waming system of more than 13 seconds bnger \hen lhe "Approach Warning Time". 8. TraffIC signals within 30m of a crossing with autlmatic waming syslems shall be inl8n:omected. Traffic signals over 30m from a crossing wilh automatic waming systems shall be intel'COt .lElCted if queued traffIC reaches the crossing. 9. Notwithstanding the above, there may be other safety factDrs such as a high level of trespassing. and frequently poor erwironmenlal conditions, irdIding tlg " or blowing srow, which may require a higher level of crossing protection or else the retention of whistling. ---. III=: """'.13.1S!lt 730 <0". .~ ~ SCHEDULE B DRAFT The items in btaekets [.....J should be used only 1 necessary. Place de Ville. Tower C 10'" Floor 330, Spar1al Street 0lIawa. Qnlario K1AONS 7 September 1990 Dear Mr. As requested in your Iellerof ........... a railway safety officeron .. (date) has inspected the crossing[s] at mileage[s) .............. of your ...............subdivision. Althe tine of his inspection the railway safety officer was of the view thallhe crossing[s) met the conditions contained in Transport Canada Railway Safety Directorate Guideline No.1. [~ver the offICer noted the following defICiencies which should be corrected regardless of any plans to cease whistling at the crossings: ..............] Under the circumstances there would appear to be no reason why (railway company) may not issue a special inshJction which would prohibit the application of CROR !\lie 14 (~(ii) at the above crossing[s] [once lhe aboVlHlOted defICiencies have been rectifIed). At the same tine I would ask ~ to bring the provisions of CROR!\IIe 14 (f) to the attention of train crews operalilg i1 this area. Yous sincerely, Director General Railway Safety ---. aa::: Auguot 13, 1999 731 .. '.'. SCHEDULE C REGIONAL OFRCES RAILWAY SAFElY Regional Director Atllntlc Region Transport Canada Herlage Court, Suite 418 95 Foundry Street MOlldOr ~ N.B. E1 C 5H7 Tel. 506-851-2298 Fax. 506-851-7042 Regional Director Quebec Region Transport Canada Suite 638 800 Rene Levesque Blvd. Wast MortIrea~ Quebec H3B 1X9 Tel 514-283-5722 Fax. 514-283-SZ34 Regional Director Ontario Region Transport Canada 20 Toronto Street, Suite 600 ToronID, Ontario MSC 2B8 Tel. 416-973-9820 Fax. 416-973-9907 Regional Drector Prarit and Nor1hem Region Transport Canada 344 Edmonton Street, Room 402 Winnipeg, Maniklba R3B 2L4 Tel. 204-983-5969 Fax.204-983-S992 Regional Director Pacific Reg ion Transport Canada '225 - 625 Agnes Street New Wasbninster, B. C. V3M 5Y4 Tel. 004-666-2955 Fax.604-~7747 ---- 732 Ill. '" . -, 2 SCHEDULE D RB..EVANT ORGANZA 1l0NS Mr. Tm Secord Canadian Legislative Director United Transportation Union 1595 Telesat COI.It GLOUCESTER,onario K185R3 Mr. George Hucker Va Presidentand National Legislative Representative Bro1herhood of Locomotiva Engi1elllS 150 Metalfe Street, Suile 1401 OTTAWA, Onlario K2P 1P1 Tel. (613)74H979 Tel. (613)235-1828 Mr. Gary Hausch VICe President 81olhemood of Mainlenar1C8 of ~y Employees 2175 Lancaster Road #1 OTTAWA, Ontario K184V8 Tel. (613)731-7356 ---. ~. 733 aa::: Ailgu. 13, 1999 s. pooy-. ~~t ,L-.....u..;j. "':UI ' ~ ','- '.'~'\' "~"~I F . ~1 ""l'<.' ...... ,':ci~ ~1\ I'" -(; . ... .. I " ....~ --" ,. .."-' >:J ',' ...., .... . c'.c ~,~,' c. ~"~ J I .... ::~ J.. 'I :>.,'. . ....' ,.; '. ':.,.~- .,d' " f"> I ~ . ....' '.. ~ I - n. '. Cc. I~' 1'\,,;,:. .. J ''''l' .......... ce:...... .....'....-. " / 'cc.'I,. '1 ~) ",.J ". .I, \~~J I'~"L L' ."I~'i;t, .... .;.~'2" "::~&.I"4~~.("" , '. "!~V ~\ '" ''':..:.:c, '. 1... "JiL .... .:... ':'\ ) , . ........'.iif., ~) :;:"/;' ." / . ~t 1" "'..' f*HT:L I .... ". r ,........ '.' ," ..... -;If.. l t'.-::...: ':':'... '. ---.: ..-:- (j . '., ~ .' ..... "",,{. "', I=' ~'; t ~/ '. ",~.. '.. ." ./It)io, ....... 'u~:4'" [;:::~S', . .....:z.... , ';? . '. ," 2;2'" \ " ;:"A J ~. ~.;1> \~ '~.:>. ~.cC""';" I 'i ~ , L'.:....): ',_ . 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