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Home My WebLink About10/29/2007 REVISED CJlJ!pn DATE: MONDAY, OCTOBER 29, 2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETINGS Minutes of a meeting of Council held October 15, 2007 PRESENTATIONS a) Mayor Abernethy - Waste Reduction Challenge b) Murray Paterson - Accomplishments of Terry Graham - International Association of Lions Clubs c) Michael Patrick, Clarington Board of Trade - Physician Recruitment d) Gerry Shoalts, Shoalts Zaback Architects Ltd. - Addendum to Report COD-050-07 - Tender CL2007-42 - Newcastle Library Capital Project (Item 1 of Unfinished Business) DELEGATIONS a) Bill Stockwell - Waterfront Trail- Wilmot Creek Life Style Community (Item 1 (c) of Report #1 b) Richard Ward - Previous Delegations at Council c) Libby Racansky - Courtice Heights North Subdivision (Item 5 of Report #1) CORPORATION OF THE MUNICIPALITY OFCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - October 29, 2007 COMMUNICATIONS Receive for Information I - 1 Minutes of the Santa Claus Parade Committee dated September 10 and 24, 2007 I - 2 Minutes of the Kawartha Conservation Authority dated June 20 and September 12, 2007 1-3 Minutes of the Clarington Heritage Committee dated September 18, 2007 I - 4 Minutes of the Clarington Museums and Archives Board dated September 12, 2007 I - 5 Minutes of the Samuel Wilmot Natu re Area Management Advisory Committee dated October 10, 2007 I - 6 Minutes of the Clarington Living Green Community Advisory Committee dated September 18, 2007 I - 7 Minutes of the Ganaraska Region Conservation Authority dated September 20, 2007 I - 8 Minutes of the Clarington Traffic Management Advisory Committee dated September 20, 2007 I - 9 Minutes of the Clarington Accessibility Advisory Committee dated October 3, 2007 1-10 Stephanie Adams - Energy-From-Waste I - 11 Ron Campbell - Energy-From-Waste 1-12 Drs. Elaine Ho and Vincent Ho - Energy-From-Waste 1-13 Dina Kanarellis - Energy-From-Waste 1-14 Pat Anderson - Energy-From-Waste I - 15 Dr. Benjamin Fuller - Energy-From-Waste I - 16 John Oates - Energy-From-Waste I - 17 Wayne Heinrichs - Energy-From-Waste Council Agenda - 3 - October 29, 2007 I - 18 Reverend Christopher Greaves, St. John's Anglican Church - Energy-From-Waste 1-19 Sue DaCosta, Secretary, Orono Town Hall Board - Letter of Appreciation for Donation In Memory of Ann Dreslinski I - 20 Caroline Weber, Director General, Office for Disability Issues - Accessibility of Self-Serve Gas Stations I - 21 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation - "Moraine for Life" Symposium Stakeholders' Report 1-22 Angela Gibson, Senior Transportation Planner, Town of Ajax- Regional Cycling Plan Study I - 23 Nicola Keene - Energy-From-Waste I - 24 Mabel Low - Energy-From-Waste I - 25 British Natural History Museum, British Broadcasting Corporation and Shell Oil - Clarington Resident Kristin McRea Runner Up in Shell Wildlife Photographer of the Year Competition I - 26 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc. and Jack Gibbons, Chair, Ontario Clean Air Alliance - "Peak Buster" Award Receive for Direction D - 1 Kristin Duare McKinnon-Rutherford - Resignation from the Clarington Living Green Community Advisory Committee D - 2 Anne Lannan, Ontario Community Newspapers Association - Ontario Junior Citizen of the Year Awards D - 3 David Kelly, Chair, Clarington Accessibility Advisory Committee - Accessible Playground o - 4 Confidential Correspondence Containing Personal Information About An Identifiable Individual 0-5 Linda J. Laliberte, CAO, Secretary Treasurer, Ganaraska Region Conservation Authority - Nomination of Bruce Craig to the Trent Conservation Coalition Source Protection Committee o - 6 Gabriel Miller, Project Coordinator, Federation of Canadian Municipalities (FCM) advising FCM - Municipal Infrastructure Survey , , Council Agenda - 4 - October 29, 2007 D - 7 Charlie Bagnato, Municipality of Brockton - Funding Formula for Conservation Authorities o - 8 Brian Fallis, Chair, Ganaraska Region Conservation Authority - Redevelopment of the Ganaraska Forest Centre MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of October 22, 2007 2. Report PSD-122-07 - Proposed Day Care Facility at 279 King Avenue East, Newcastle, Applicant: 1713535 Ontario Inc. (John Hinds) UNFINISHED BUSINESS 1. Addendum to Report COD-050-07 - Tender CL2007-42 - Newcastle Library Capital Project OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Wn Council Meeting Minutes October 15, 2007 Minutes of a regular meeting of Council held on October 15, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Director of Corporate Services/Acting Chief Administrative Officer, M. Marano Manager of Transportation and Design, L. Benson Deputy Fire Chief, M. Berney Director of Community Services, J. Caruana Solicitor, D. Hefferon Director of Operations, F. Horvath Manager of Community Planning & Design, C. Salazar Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 2 of Report #1 . Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Richard Ward, Correspondence Item D - 15, and Items 4 and 13 of Report #1 . Later in the meeting Mayor Abernethy stated a pecuniary interest with respect to the delegation of Tammy Day and Correspondence Item 0 - 8. Council Meeting Minutes - 2 - October 15, 2007 MINUTES Resolution #C-513-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 24,2007, and the minutes of a special meeting of Council held on October 5,2007, be approved. "CARRIED" Resolution #C-514-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Kristin Robinson and Wendy Bracken be added to the list of delegations. "CARRIED" Resolution #C-515-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items D - 20 from Debbie MacDonnell, D - 21 from W. Arlene Malcolm, D - 22 from Stephanie Butler and D - 23 from Koren Kassirer be added to the agenda. "CARRIED" PRESENTATIONS Resolution #C-516-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the presentation regarding the Waste Reduction Challenge be deferred to the next Council meeting. "CARRIED" Council Meeting Minutes - 3 - October 15, 2007 DELEGATIONS Patrick McNeil, Senior Vice-President, Nuclear Generation Development, Ontario Power Generation (OPG), addressed Council providing an update on the Darlington B Environmental Assessment and to report on the work OPG has been doing since their last update to Council in June, 2007. Mr. McNeil advised construction of a new facility is a large and complex process divided into a series of phases. He stated the project description is set for up to four units, noting the upper bounds have been set for EA purposes. Mr. McNeil advised the draft EA Study Report has been issued; however, the EA is the responsibility of the Canadian Nuclear Safety Commission who will develop the final report. Through use of a PowerPoint presentation, Mr. McNeil overviewed the scope of the project including site preparation and construction, operation, decommissioning and abandonment phases, associated timelines, environmental baseline studies, site option studies and next steps in the EA process. Assuming the EA is approved, site preparation and construction will occur between 2010 and 2025, with units operational between 2106 and 2100 and decommissioning and abandonment from 2100 to 2150. Resolution #C-517 -07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the rules of procedure be suspended to allow for the delegation to continue beyond the ten minute limit. "CARRIED" Mr. McNeil stated OPG is committed to having open and transparent dialogue with the community and are participating in a variety of community events. He noted they will be issuing a newsletter in November, conducting stakeholder briefings and making presentations to both Regional and Local Councils. Mr. McNeil encouraged the public to visit their website at www.opq.com/newbuild for further information or call 1-866- 487-6006. In response to questions, Mr. McNeil stated a decision on location has not been made but OPG's view is that Darlington will be the chosen site and that they fully expect construction will take place here. He also confirmed that the final decision as to what technology will be used will be made by the Federal Government based on established criteria. Council Meeting Minutes -4- October 15, 2007 Reverend Markus Lise addressed Council requesting the week of October 21 to 27, 2007, be proclaimed as "Spiritual and Religious Care Awareness Week". , Reverend Lise advised he had previously submitted the request in writing and was advised that Municipal policy prohibits the proclamation of matters of religious beliefs. ' Through use of a PowerPoint presentation Reverend Lise provided background information on the Ontario Multifaith Council on Spiritual and Religious Care and outlined the Organization's goal in assuring the provision of adequate and appropriate spiritual care and religious rights to all persons in the care of the Province including hospitals, long-term care facilities, correctional institutions, etc. Reverend Lise stated they are a positive organization trying to promote dialogue and interest between religions and was hoping the policy would not apply to their group. Reverend Lise requested Council's cooperation in proclaiming the week and permitting the organization to post "Caring for the Human Spirit" posters. Martha Hendrikx, Newcastle Santa Claus Parade Committee, addressed Council concerning Correspondence Item 0 - 3 requesting Council's support for the Newcastle Santa Claus Parade and Fireworks to be held on Novemoer 25, 2007 starting at 5:30 p.m. Ms. Hendrikx advised the event has grown since the first parade three' year's ago noting last year there were 80 parade entries with an estimated crowd of over 8500 enjoying the event. Ms. Hendrikx confirmed that all appropriate paperwork has been completed and the event is sponsored by the Newcastle BIA. Ms. Hendrikx requested Council's support of the parade. Libby Racansky addressed Council concerning the water level in the Black/Farewell/Harmony Watershed expressing concern that monitoring is not being undertaken on the impact of development on the groundwater recharge area. She stated with each development in the area the water table declines because no plans for its protection were made. Through use of a PowerPoint presentation, Ms. Racansky highlighted the Black, Farewell and Harmony tributaries and provided digital comparisons of water table lowering from 1995 to present. Ms. Racansky urged Council to prepare an Environmental Master Plan that would maintain, enhance and restore the environment in Clarington and protect these creeks. Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 8 and the delegation of Tammy Day as they relate to the Zoning By-law Amendment application submitted by John Hinds for 279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Resolution #C-518-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Items 0 - 8 and D - 15 be referred to the end of the Correspondence for Direction Section of the Agenda. "CARRIED" Council Meeting Minutes - 5 - October 15, 2007 Mayor Abernethy stated a pecuniary interest with respect tothe delegation of Richard Ward as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. " Councillor Trim chaired this portion of the meeting. Richard Ward addressed Council concerning the powers and duties of the auditor in conducting the compliance audit of Mayor Abernethy's election campaign expenses. Mr. Ward stated he had previously identified areas of extreme importance relating to the audit that the auditor has neglected to address in his report. He noted his primary concern was that the material supplied in the audit was false and improper as he feels it was obvious that the expenses did not correlate with the actual costs of the campaign. Mr. Ward requested Council not to receive his delegation for information but to provide direction to initiate a criminal investigation into the matter. Tammy Day addressed Council concerning Item 4 of Report #1 regarding the application for rezoning of 279 King Avenue, Newcastle, submitted by John Hinds to permit the operation of a daycare facility. Ms. Day stated she was in attendance this evening to impress upon Council the impact the rezoning process is having'on her livelihood and staff. She stated the lease at her present location expired in July and she had anticipated being in the new location in September. Ms. Day responded to questions arising from discussion at the General Purpose and Administration Committee meeting regarding the issue of garbage, noise,drainage and parking. She noted under her licensing agreement with the Ministry of Children and Youth Services, garbage would be contained and placed out for pick-up weekly. She stated the garbage currently at the site is construction debris. Ms. Day confirmed that the applicant has submitted a drainage survey to staff indicating no changes were necessary. She also advised her school has been located beside the Newcastle Funeral Home for eight years and they have never received a complaint regarding noise. Ms. Day further advised that parking would not be an issue as parents would be just dropping off and picking up their children at certain times throughout the day. She requested Council to approve the application quickly so her business can expand and she can continue to serve the community. In response to questions, Tammy Day confirmed that her lease at the current location is on a monthly basis as needed and that she has had to turn away parents requiring much-needed daycare until the school is relocated. In response to questions regarding the issue of a school vs. a daycare facility, Ms. Day outlined the requirements of a private school advising the title of the business is her own choice. She stated the facility is licensed and must meet and maintain Provincial standards and that the program advisor is aware that they operate on a Montessori philosophy. The Mayor resumed the Chair. Council Meeting Minutes -6- October 15, 2007 Kristin Robinson addressed Council concerning Energy-From-Waste. Ms. Robinson stated she attended the recent Public Information Session questioning why no testing of any animal, animal product or human has been undertaken to date. Ms. Robinson feels that it should be mandatory for the Site Specific Study to include this testing to . determine baseline levels, noting she has contacted the Canadian Food and Inspection Agency and is waiting for their reply. Ms. Robinson also expressed concern with the lack of recycling facilities at the Bowmanville Creek along the trail. She noted the garbage containers were full of material that could be recycled if facilities were available. Ms. Robinson feels that recycling needs to be made easier for the public to take .advantage of it. She summarized by stating "if we do enough small things and a couple of big things, we won't have enough to feed an incinerator." Wendy Bracken addressed Council concerning the DurhamNork Residual Waste Study expressing concern with the report released by the Region's consultants on the identification of the preferred site. Ms. Bracken stated the report is flawed and has major omissions on key considerations regarding health, environment and air and water quality. She also stated that the small radius of 1-2 kilometres is too narrow of a scope when assessing risk and that the greatest impact from emissions would be within 1 to 20 kilometres of the stack. Ms. Bracken also expressed concern that the Generic Health and Ecological Risk Assessment failed to address toxic nanoparticulates, unidentified complex mixture emissions, large epidemiological studies linking incineration and disease, negative impact on climate change and weak guidelines. She feels there is no benefit to this facility that supercedes our air, water, health and environment and urged Council to listen to the well founded and researched concerns of the public and doctors of our Region and to send a message that Clarington will not be a willing host. COMMUNICATIONS Resolution #C-519-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Item I - 12. "CARRIED" I - 1 A01.SA Minutes of the Santa Claus Parade Committee dated November 29, 2006. 1- 2 A01.CE Minutes of the Central Lake Ontario Conservation Authority dated September 18, 2007. 1-3 A01.CL Minutes of the Clarington Traffic Management Advisory Committee dated June 21,2007. Council Meeting Minutes 1- 4 A01.CL 1- 5 A01.CL 1- 6 A01.CL 1- 7 A01.DU 1-8 T04.GE 1-9 C10.GE - 7 - October 15, 2007 Minutes of the Animal Advisory Committee dated September 12, 2007. Minutes of the Clarington Highway 407 Community Advisory Committee dated October 5, 2007. Minutes of the Clarington Heritage Committee dated September 18, 2007. Minutes of the Durham Nuclear Health Committee dated SeptemQer 14, 2007. Correspondence from Regional Councillor Trim to the Spratleys responding to their concerns regarding the rehabilitation of Regional Road 18, advising the surface treatment, applied to a section of Regional Road 18, is the best performing and most economical treatment considering the findings of geotechnical investigations and in consideration of traffic volume, frost susceptibility, cost and anticipated lifespan factors. P. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 19, 2007, the Region of Durham passed the following resolution pertaining to Planning activities: "a) THAT Report #2007-P-65 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2007 -P-65 be forwarded to all Durham area municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information." 1-10 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE Council that on September 19, 2007, the Region of Durham passed the following resolution pertaining to traffic control signals on Townline Road: "THAT Report No. 2007-W-89 of the Commissioner of Works be received for information; and THAT a copy of Report No. 2007-W-89 be forwarded to the City of Oshawa and the Municipality of Clarington." Council Meeting Minutes - 8 - October 15, 2007 I - 11 C10.GE 1-13 E07.GE 1-14 E07.GE 1-15 E07.GE 1-16 T08.GE 1-17 E07.GE 1-18 E07.GE P. Madill, Regional Clerk, Regional Municipality of Durham, . forwarding correspondence to Brian Denny, Toronto Region, $ource Protection Authority advising that on September 19, 2007, the Region of Durham passed the following resolution pertaining to the establishment of Drinking Water Source Protection Committees: "a) THAT Joint Report #2007-J-31 be received for information and forwarded to Durham Area Municipalities and Source Protection Authorities for information; and b) THAT, as soon as possible, Regional Staff will provide Regional Council with recommendations regarding municipal nominees to the Source Protection Committees affecting the Region of Durham." Gaston Morin advising he has no objection to an Energy-From- Waste facility. Carl Zmozynski advising he is opposed to burning garbage when it is possible to increase recycling. Maureen Dingman expressing concern that incineration is harmful to the environment and urging Council to think of future generations and alternate means to address waste disposal. Keith and Shirley Crago questioning how the 425 Exit and entrance to Highway 401 will be managed as a result of increased traffic from the sewage plant, the refuse plant, the Highway 407 link, local traffic and the future proposed Industrial Energy Park as the exit is the only access to Highway 401 for Courtice residents and to the Provincial Park. Keith and Shirley Crago stating they feel the Courtice EFW site and an incinerator are totally unacceptable as it will cause a drastic devaluation of their property and an increase in property taxes. Stewart and Judy Dayes advising that they and their family do not agree with incineration being the answer to waste management and feel that under no circumstances do they wish to have an industry that will cost so much but do so little for the welfare of Clarington citizens. Council Meeting Minutes 1-19 A04.GE E05.GE 1-12 E05.GE - 9 - October 15, 2007 Region of Peel advising of the Fourth Annual Public Sector Energy and Environmental Summit - "Energy Matters 2008" to be held on April 1 and 2, 2008, designed to foster best practices to make municipalities greener places to live, work and invest and to ' showcase how local governments from around the world are building sustainable communities and taking environmental stewardship into their own hands. George Rocoski, Director (A), Central Region, Ministry of the Environment, responding to Council's correspondence concerning the statu~ of the Experts Panel recommendations on Sound-Sorb with respect to the effects of pulp and paper biosolids used to construct Sound-Sorb berms at gun clubs; advising berms may continue to be built provided environmental protection standards are in place; and, further advising the Ministry is continuing to look at approaches to improve the management of Sound-Sorb, Nitro-Sorb and other mixtures containing PPBs that are applied on land to ensure the environment is protected, and that any odours or impacts to groundwater and surface water are addressed. Resolution #C-520-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item I - 12 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-521-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including Hand-out Items D - 20 to D - 23, with the exception of Items D - 8 to D - 19, inclusive. "CARRIED" Council Meeting Minutes - 10- October 15, 2007 D - 1 Gary Lambert expressing concern with the application submitted by D.14 1276467 Ontario Limited to amend the Clarington Official Pla,n and D.09 Zoning by-law to permit apartment and townhouse uses, remove the Neighbourhood Park symbol, and permit additional commercial parking for lands fronting Durham Highway 2, citing noise and traffic issues, increased property taxes and costs associated with sewer installation and sidewalk construction on Darlington Boulevard required in connection with the proposed development. (Correspondence referred to the Director of Planning Services) o - 2 Sheila Costanzi forwarding comments subsequent to her 0.14 appearance before Council on September 24,2007, in opposition to 0.09 the application submitted by 1276467 Ontario Limited to amend the Clarington Official Plan and Zoning by-law to permit apartment and townhouse uses, remove the Neighbourhood Park symbol, and permit additional commercial parking for lands fronting Durham Highway 2, stating the majority of residents feel high density , apartment and condominium complexes are more compatible along the major roads such as Highway 2 and Courtice Road instead of in existing mature neighbourhoods such as Darlington; requesting a survey be completed to determine if this high density development is needed; and, if warranted, requesting Council to consider medium density as an alternative. 0-3 M02.GE P11.GE (Correspondence referred to the Director of Planning Services) Martha Hendrikx and Joan Kimball, Newcastle Santa Claus Parade Committee, requesting Council's support for the3rd Annual Santa Claus Parade to be held on November 25, 2007 from 5:45 p.m. to 7:00 p.m., requesting road closures along the parade route; and, requesting permission to conduct a fireworks display at 5:30 p.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and the required permit for the fireworks display from the Municipal Clerk's Department) Council Meeting Minutes - 11 - , October 15, 2007 D-4 E07.GE D-5 M02.GE D-6 PO 1 . GE D-7 M02.GE D - 20 D.14 Willis and Marilyn Barraball advising they do not feel that the Region of Durham has provided a satisfactory reason as to why Energy- From-Waste is the best alternative for waste management, questioning what alternatives were pursued prior to settling on EFW as the only method suitable for waste disposal, questioning if Zero Waste initiatives by aggressive diversion, extended producer responsibility and more stringent packaging laws were investigated; and advising they are saying NO to Energy-From-Waste and YES to Zero Waste. (Correspondence referred to the Director of Planning Services) Cecile D. Bowers, Secretary, Branch 178, The Royal Canadian Legion, advising of upcoming Remembrance Day events requesting permission to fly the Poppy Flag and start their Annual Poppy . Canvass on Friday, October 26,2007. (Sale of poppies approved and permission granted to fly the Poppy flag at the Municipal Administrative Centre) Jim Strickland, Manager, Tirecraft, advising Dwayne Hilderbrandt is on 24-hour emergency standby for roadside assistance for municipal and regional vehicles and requesting an exemption to the traffic by- law to permit his emergency vehicle to be parked overnight on street in Bowmanville when in service. (Correspondence referred to the Municipal Clerk) Don Grant, Competent Communicator, Club President 2007/2008, Bowmanville Toastmasters Club, an international non-profit organization devoted to helping people develop communication and leadership skills, requesting November 12 to 17, 2007, be proclaimed "Bowmanville Toastmaster Week" in celebration of Bowmanville Toastmaster's 20th Anniversary of receiving their club charter. (Proclaimed) Debbie MacDonnell advising she is in support of the Zoning By-law Amendment submitted by John Hinds to permit the operation of the Summit Montessori School at 279 King Avenue, Newcastle stating the school is a great asset to the town, there have never been any complaints regarding noise and many families are anxiously waiting for the new location to open. Ms. MacDonnell urged Council to do whatever possible to speed up the process. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes 0-21 0.14 D - 22 D.14 D - 23 0.14 0-9 C10.GE - 12 - October 15, 2007 W. Arlene Malcolm advising she is in support of the Zoning By-law Amendment submitted by John Hinds to permit the operation of the Summit Montessori School at 279 King Avenue, Newcastle appealing to Council to consider the best interest of the children and to approve the rezoning to allow the children to be moved to the new location expeditiously. (Correspondence referred to the Director of Planning Services) Stephanie Butler advising she is in support of the rezoning of 279 King Avenue in Newcastle to permit the operation of the Summit Montessori School as she feels the movement of the school to the more central location will be an asset to the development of downtown Newcastle and encouraging Council to permit the rezoning process to continue quickly. (Correspondence referred to the Director of Planning Services) , Koren Kassirer expressing concern with the delays regarding the rezoning of 279 King Avenue in Newcastle to permit the operation of Montessori Nursery School; advising the school will be providing desperately needed day care spaces; and, urging Council to provide a quick resolution to allow the children to get into their new school and not face further upheaval. (Correspondence referred to the Director of Planning Services) P. Madill, Regional Clerk, Regional Municipality of Durham, forwarding Correspondence to Brian Denny, Toronto Region Source Protection Authority advising that on September 19, 2007, the Region of Durham passed the following resolution pertaining to the Durham Nomination to the Credit Valley/Toronto/Central Lake Ontario Source Protection Committee: "a) THAT in response to the call for nomination of municipal members from the Toronto and Region Source Protection authority (TRSPA), Durham Region's Director of Environmental Services (currently Mr. John Presta), be nominated as the Durham municipal member of the Credit Valley/Toronto/Central Lake Ontario (CTC) Region Source Protection Committee; Council Meeting Minutes - 13 - , October 15, 2007 b) THAT the Councils of the Cities of Oshawa and Pickering, the Towns of Whitby and Ajax, the Municipality of Clarington, and the Townships of Scugog and Uxbridge be requested to endorse the nomination of Mr. Presta, as the jointly selected representative for the Durham Region municipalities on the CTC Region Source Protection Committee and forward their endorsement to the TRSPA no later than October 23,2007; and c) THAT a copy of this report be forwarded to Mr. Brian Denny, Toronto Region Source Protection Authority." Resolution #C-522-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the nomination of John Presta as the jointly selected representative for the Durham Region municipalities on the Credit Valley/Toronto/Central Lake Ontario Region Source Protection Committee be endorsed. "CARRI ED" D -10 C10.GE Kevin Heath, Acting Clerk-Administrator, Township of Stirling- Rawdon advising Council that on September 4,2007, the Township of Stirling-Rawdon passed the following resolution pertaining to catastrophic natural events: 'WHEREAS taxpayers suffer severe undue hardships as a result of catastrophic natural events; AND WHEREAS taxpayers lives are in a state of disbelief, confusion, and financial upset as a result of catastrophic natural events; AND WHEREAS it is recognized that assistance is available through personal insurance as well as provincial aid through the Ontario Disaster Relief Assistance Program, however, such avenues do not provide for immediate assistance/aid to victims of catastrophic natural events; THEREFORE be it resolved that the Council of the Township of Stirling-Rawdon request that the governments at the federal and provincial level seek to develop a program that will provide prompt assistance to residents who are dealing with the aftermath and repercussions of a catastrophic natural event; Council Meeting Minutes - 14- October 15, 2007 AND FURTHER copies of this resolution be forwarded to the Prime Minister of Canada, Premier of the Province of Ontario, the ~inister of Community Safety and Correctional Services, local members of parliament, local candidates running in the provincial election and the Association of Municipalities of Ontario for circulation to all municipalities in Ontario asking for their support." Resolution #C-523-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Township of Stirling-Rawdon pertaining to catastrophic natural events be endorsed 'In Principle'. "CARRIED" D - 11 C10.GE J. D. Leach, City Clerk, City of Vaughan, advising Council that on September 10, 2007, the City of Vaughan passed the following' resolution pertaining to litter-free Canada Post super mailboxes: 'WHEREAS the proliferation of litter in the vicinity of the Canada Post super mailboxes has marred the appearance of adjacent streetscapes and has resulted in significant maintenance costs for the City since the development of this form of postal delivery; and WHEREAS this type of litter has been one of the greatest sources of complaint by residents living in the vicinity of these facilities; and WHEREAS the majority of such litter consists of unsolicited direct marketing or bulk mail (e.g., advertising flyers) delivered by Canada Post; and WHEREAS the direct marketing or bulk mail industry provides a service by which recipients of unsolicited direct marketing or bulk mail may request that the discontinuing of delivery of unsolicited direct marketing or bulk mail delivered by Canada Post; and WHEREAS the facilitation of requests to stop delivery by Canada Post of direct marketing or bulk service providers will greatly reduce the amount of direct marketing or bulk mail which forms much of the aforesaid litter; Council Meeting Minutes - 15- October 15, 2007 THEREFORE BE IT RESOLVED THAT the City of Vaughan request that all householders receiving mail by Canada Post super mailboxes who do not wish to continue to receive direct marketing or bulk mail register that fact with Canada Post; and THAT this resolution be communicated to all municipalities within the Greater Toronto Region, Canada Post, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario and local MPP's and MP's." Resolution #C-524-07 Moved by Councillor Woo, seconded by Councillor Novak THAT the resolution from the City of Vaughan pertaining to litter-free Canada Post super mailboxes be endorsed. "CARRIED" D -12 P10.GE L 11.GE Mike Leonard, Chief Building Official, City of Oshawa, advising Council that the City of Oshawa passed the following resolution pertaining to an Ontario Building Code Act Amendment regarding revocation of building permits: 'WHEREAS, Section 8.(10) Clause (c) of the Ontario Building Code Act, 1992, as amended, states that: "...the chief building official may revoke a permit issued under this Act, (c) if construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year; ..." WHEREAS this clause allows only a small amount of construction activity to take place once per year in order to keep a building permit active and, as a result, a partially constructed building can sit in a derelict condition for years; WHEREAS this clause restricts the ability of a municipality to encourage construction activity leading to the timely completion of buildings; . WHEREAS reducing the time that a partially constructed building can remain dormant from one year to six months would allow the Chief Building Official to revoke the permit sooner and have the building addressed under the property standards by-law. Council Meeting Minutes - 16 - October 15, 2007 THEREFORE, the City of Oshawa hereby supports amending Section 8.(10) Clause (c) of the Building Code Act, 1992, as, amended, by reducing the time period of from one year to six months; and that a letter be forwarded to the Minister of Municipal Affairs and Housing; Ministry of Municipal Affairs and Housing; Building and Development Branch; Ontario Building Officials Association (OBOA); and to the Association of Municipalities of Ontario (AMO) for distribution and support from all municipalities in Ontario." Resolution #C-525-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 12 be referred to the Director of Engineering Services. "LOST" Resolution #C-526-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Oshawa pertaining to an Ontario Building Code Act Amendment regarding revocation of building permits be endorsed. "CARRIED" D - 13 C10.GE Lorraine Heinbuch, Chief Administrative Officer/Clerk, Township of Wellington North, advising Council that on October 1, 2007, the Township of Wellington North passed the following resolution pertaining to annual water sampling: "WHEREAS in June 2007, the Ministry of Environment released new regulations which were added to Reg 170/03 of the Safe DrinkinQ Water Act, regarding the number of annual lead samples to be taken per drinking water system; and WHEREAS under these regulations, the number of annual samples required has increased substantially depending on the population served by a municipality's drinking water system(s); and WHEREAS the additional sampling requirements will result in increased annual sampling and labour costs which must be covered through increased water rates to the consumer; and Council Meeting Minutes - 17 - , October 15, 2007 WHEREAS the number of samples required are not proportionate when comparing small drinking water systems to drinking water systems of larger municipalities of 100,000 or more; and WHEREAS due to amalgamations, many small municipalities are responsible for multiple small drinking water systems that are separate systems located in a small geographic area; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Wellington North calls upon the government and the Honourable Minister of Environment to reduce the lead sampling requirements for small municipal water systems proportionately to the number of samples required for larger municipalities of 100,000 or more; and FURTHER BE IT RESOLVED THAT amalgamated municipalities with numerous small water systems be allowed to consolidate these systems for the purposes of identifying the total population served and perform the required lead sampling proportionately within their water systems based on the total population served; AND FURTHER that copies of this resolution be circulated to all municipalities across the Province of Ontario with water systems with the request that they pass similar resolutions of support and forward copies of their resolutions of support to their local MPP's and the Ministry of Environment." Resolution #C-527 -07 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 13 be received for information. "CARRIED" D -14 M02.GE Rhonda Mulcahy, Public Relations Chair, Clarington Speed Skating Club, advising the Clarington Speed Skating Club will be hosting the Short Track Provincial Age Class Championship on March 1 and 2, 2008, at the South Courtice Arena; advising of the importance of this Championship Meet and of the Club's goal to run a smooth, safe and well-orchestrated event representing the both the Club and the Municipality while avoiding a potential deficit; and, welcoming the municipality's involvement and support of this Province-wide event. Council Meeting Minutes - 18 - October 15, 2007 Resolution #C-528-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 14 be referred to the Director of Community Services. "CARRIED" D -16 C10.GE George S. Graham, Clerk-Administrator, Township of Brock, advising Council that on September 10, 2007, the Township of Brock passed the following resolution pertaining to regulatory control of paper fibre biosolids: 'WHEREAS the Pulp and Paper Biosolids agreement between the Ministry of the Environment (MOE) and the major producers of paper fibre biosolids does not address major concerns associated with paper fibre biosolids and the products "Sound-sorb" and "Nitro-sorb", nor does it address concerns regarding stockpiling of and o'n site mixing of pulp and paper biosolids on agriculturally zoned properties in the Township of Brock. AND WHEREAS the Ministry of the Environment's own "Panel of Experts" concluded in their January 31, 2005 report, that "paper fibre biosolids are a waste", AND WHEREAS the same "Panel of Experts" recommended both Sound-sorb and Nitro-sorb be subject to MOE control by means of a "Certificate of Approval". AND WHEREAS a Ministry of the Environment's "Certificate of Approval" would protect both the environment and public health by setting conditions of transport, disposal, volumes of material on site, testing obligations, reporting and record keeping, hauling conditions, hours of operation and inspection rights. THEREFORE BE IT RESOLVED that the Township of Brock request the Ministry of the Environment of the Province of Ontario adhere to the recommendations and conclusions of its own Panel of Experts by acknowledging paper fibre biosolids as a waste, by removing the exemption status for Sound-sorb and Nitro-sorb and by imposing the recommend regulatory control of a Certificate of Approval or legal instrument that provides equal or better protection for human health and the environment. Council Meeting Minutes - 19- October 15, 2007 AND FURTHER that this resolution be forwarded to the Minister of the Environment (ON), Minister of Agriculture, Food and Rural Affairs (ON), local MP and MPP, all Ontario municipalities and any other individuals or associations as deemed appropriate." Resolution #C-529-07 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Township of Srock pertaining to regulatory control of paper fibre biosolids be endorsed. " "CARRIED" D -17 C10.GE Rodger Mordue, Administrator/Clerk-Treasurer, Township of North Dumfries, advising Council that on October 1,2007, the Township of North Dumfries passed the following resolution pertaining to fees and royalties for aggregate production: "THAT WHEREAS Aggregate production is essential for the economic growth and prosperity of the Province of Ontario; AND WHEREAS in a Special Report to the Legislative Assembly of Ontario, Gord Miller, Environmental Commissioner of Ontario outlined a number of inadequacies in the capacity of the Ministry of Natural Resources (MNR) to properly oversee the approvals, compliance, rehabilitation and long term planning to protect Ontario's Aggregate Resources. Chief among those concerns was MNR's lack of adequate funding for staff to properly operate an effective compliance and enforcement program. AND WHEREAS the Township of North Dumfries shares the concerns of the Province's Environmental Commissioner. THEREFORE BE IT RESOLVED THAT the Council of the Township of North Dumfries requests that the Province of Ontario consider increasing the fees and royalties charged to aggregate operators and use this additional revenue exclusively for providing the MNR with resources to effectively staff an enforcement branch that will be able to adequately ensure the long term viability of the aggregate industry as well as ensure the responsible protection of the long-term environmental and human health of the community surrounding these aggregate extraction operations. Council Meeting Minutes - 20- October 15, 2007 AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Natural Resources, the Office of the, , Environmental Commissioner of Ontario and to the Association of Municipalities of Ontario for circulation to all Ontario municipalities asking for their support." Resolution #C-530-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 17 be received for information. "CARRIED" Resolution #C-531-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Director of Finance/Treasurer prepare a report addressing the Municipality's royalties, fee structure of aggregates and the possibility of increasing the fee. "CARRIED" D - 18 C10.GE Ken Noland, Reeve, Township of Burpee and Mills, advising Council that the Township of Burpee and Mills passed the following resolution pertaining to loss of Municipal Funding to Provincial Tax Rebate Programs: "WHERAS Municipalities are legislated to tax Farmland, Managed Forest and Conservation Land at a rate of 25%; AND WHEREAS Municipalities no longer receive the 75% rebate from the Province; AND WHEREAS this increases the tax rate for all landowners in rural municipalities; AND WHEREAS all residents of Ontario should support maintenance of an agricultural land base and the environmental implications of these tax incentives; THEREFORE BE IT RESOLVED that the Province of Ontario must directly refund to the Municipalities the 75% Farmland, Managed Forest and Conservation Land Tax; Council Meeting Minutes - 21 - October 15, 2007 ALSO BE IT RESOLVED if the Province of Ontario refuses to refund to Municipalities the 75% rebate, that the Province allows Municipalities to tax these lands at 100% and the Province funds 75% of the tax directly to individual landowners. " " Resolution #C-532-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Township of Burpee and Mills pertaining to the loss of Municipal Funding to Provincial Tax Rebate Programs be endorsed. "CARRIED" D - 19 Confidential Correspondence dated October 12,2007, regarding a legal matter. Resolution #C-533-07 '. Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item D-19 be referred to the Clerk to respond with information regarding the purchasing by-law process and applicable resolutions on file respecting the Municipality's position on the matter referred to in the confidential correspondence. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 8 as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections and Correspondence Item D - 15 as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on these matters. Councillor Trim chaired the remainder of the meeting. D - 8 Chris Steven expressing support of the application to amend the 0.14 Clarington Zoning By-law submitted by John Hinds to permit a daycare facility at 279 King Avenue East in Newcastle advising the daycare will not negatively affect neighbouring residential properties and will be of benefit in addressing the need of childcare in the growing community. " Council Meeting Minutes - 22- October 15, 2007 Resolution #C-534-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 8 be referred to the Director of Planning Services. "CARRIED" o - 15 Ronald A. Webb advising he has received an invoice for the cost of C07.AB the audit of Mayor Jim Abernethy's election campaign expenses expressing concern that he was not advised by the Municipality that he would potentially have to pay for the audit, that as Council voted in favour of proceeding with the audit and that errors were found, he believes there were reasonable grounds to investigate the Mayor's campaign expenses and that he will not be responsible for the costs; requesting an investigation into whether the Mayor violated the Municipal Conflict of Interest Act in holding a press release prior to Council receiving and voting on the audit report; and, requesting what measures will be taken to address the over-contribution by Mark Hendrix to the Mayor's election campaign. Resolution #C-535-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item D - 15 be received for information. "CARRIED" MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report October 1,2007. Resolution #C-536-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of October 1,2007, be approved, with the exception of Items #2 and #4. "CARRIED" Council Meeting Minutes - 23- October 15, 2007 Mayor Abernethy stated a pecuniary interest with respect to Item 4 of Report #1 as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy refrained from discussions and voting on this matter. Item # 4 Resolution #C-538-07 Moved by Councillor Novak, seconded by Councillor Hooper , " THAT Report PSD-112-07 be received; THAT the application for Zoning By-law Amendment (ZBA 2007-0027) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from "Residential (R1) Zone" to permit a day care facility be referred back to staff; and THAT all interested parties listed in Report PSD-112-07 and any delegations be advised of Council's decision. "CARRIED" Councillor Foster stated a pecuniary interest with respect to Item 2 of Report #1 , as the applicant is a member of his wife's church. Councillor Foster refrained from discussions and voting on this matter. Item # 2 Resolution #C-537 -07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-110-07 be received; THAT the application to amend the Clarington Official Plan to permit the severance of a dwelling rendered surplus as a result of the Applicant acquiring a non-abutting farm property be referred back to Staff for further processing; and THAT all interested parties listed in Report PSD-11 0-07 and any delegation be advised of Council's decision. "CARRIED" Council Meeting Minutes - 24- October 15, 2007 UNFINISHED BUSINESS Resolution #C-539-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegations of Patrick McNeil, Senior Vice-President, Nuclear Generation Development, Ontario Power Generation, Markus Lise, Libby Racansky, Richard Ward, Kristen Robinson and Wendy Bracken be received with thanks. "CARRIED" OTHER BUSINESS Councillor Robinson questioned the extent of damage to the ramp at the Skateboard Park in Bowmanville. The Director of Operations advised the park has been vandalised twice in ten days with graffiti and damage to fencing. He is curr.~ntly waiting for a meeting to be arranged with Durham Regional Police Services. Resolution #C-540-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Rules of Order be suspended to allow for the introduction of new business. "CARRIED" Resolution #C-541-07 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS Silken Laumann is a Canadian 3 time Olympic rowing champion, author and children's health advocate; AND WHEREAS Silken Laumann will be visiting Bowmanville High School on October 23rd at 7:00 pm as a keynote speaker to share her story of courage, determination and perseverance; AND WHEREAS well-known artist and award winning educator Jane Eccles will unveil Silken Laumann's portrait entitled "Silken" at a Gala Evening on October 24,2007, at the Visual Arts Centre; NOW THEREFORE BE IT RESOLVED that Wednesday, October 24, 2007 be proclaimed Silken Laumann Day in the Municipality of Clarington. "CARRIED" Council Meeting Minutes - 25 - , October 15, 2007 Councilllor Foster asked the Mayor prepare letter on behalf of Clarington Council recognizing John O'Toole's return to office. Councillor Hooper thanked Members of Council and Clarington staff for their efforts in contributing to the success of AppleFest held on Saturday, October 13th . Councillor Robinson advised of the Clarington Sports Hall of Fame Ceremony this Saturday at the Garnet B. Rickard Complex. BY-LAWS Resolution #C-542-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-200 to 2007-202, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 2007-200 Being a By-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2007 2007-201 Being a By-law to amend By-law 97-157, the Sign By-law for the Corporation of the Municipality of Clarington 2007 -202 Being a By-law to exempt certain portions of Registered Plans 40M-2332 from Part Lot Control (Vermont Village Homes Limited) Resolution #C-543-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-200 to 2007-202, inclusive, be approved. "CARRIED" Mayor Abernethy and Councillor Foster stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. Council Meeting Minutes - 26- October 15, 2007 CONFIRMING BY -LAW Resolution #C-544-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-203, being a by-law toconfirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15tn day of October, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-545-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-203 be approved. "CARRIED" ADJOURNMENT Resolution #C-546-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the meeting adjourn at 9:13 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE OCTOBER 29, 2007 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1- 1 Minutes of the Santa Claus Parade Committee dated September10 and 24, 2007. (Copy attached) : I - 2 Minutes of the Kawartha Conservation Authority dated June 20 and September 12. (Copy attached) I - 3 Minutes of the Clarington Heritage Committee dated September 18, 2007. (Copy attached) I - 4 Minutes of the Clarington Museums and Archives Board dated September 12, 2007. (Copy attached) I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated October 10, 2007. (Copy attached) I - 6 Minutes of the Clarington Living Green Community Advisory Committee dated September 18, 2007. (Copy attached) I - 7 Minutes of the Ganaraska Region Conservation Authority dated September 20, 2007. (Copy attached) I - 8 Minutes of the Clarington Traffic Management Advisory Committee dated September 20, 2007. (Copy attached) I - 9 Minutes of the Clarington Accessibility Advisory Committee dated October 3, 2007. (Copy attached) I - 10 Stephanie Adams expressing concern with the health effects a proposed incinerator will have on Clarington residents, questioning why copies of pertinent information regarding air emissions was not available at the meeting in Courtice for the public to take and review and why US guidelines, not European guidelines, for air emissions were quoted. I - 11 Ron Campbell questioning the rationale of creating more air pollution with a proposed incinerator and stating he votes "NO" to incinerators and "YES" to an aggressive recycling program and suggesting governments require businesses to do their part in the recycling program. Summary of Correspondence -2- October 29,2007 I - 12 Drs. Elaine Ho and Vincent Ho expressing concern with the proposal of a waste incinerator to be constructed in Courtice as there is no scientific evidence to prove that modern incinerators are safe, the best technology will not filter out ultra fine particles that carry toxins which are cumulative, dioxins, furans and other toxins that accumulate on the land and water will enter the food chain and there are no regulations in place for regular monitoring. Dr. Ho advised she is aware of physicians who have decided not to relocate to this area due to the proximity of the Nuclear Plant and feels this will inhibit the ability to attract much need doctors to the area. She urged Council to say "NO" to being the willing host for the incineration site on behalf of her own. family, her patients and for the well-being of the community. I - 13 Dina Kanarellis advising Council she is opposed to the construction of an incinerator in Clarington as water and air quality will decrease, farm produce will become unsafe to eat, and property will decrease in value. She urged Council to vote "NO" to incineration and to plan waste management that will have the least effect on the environment. I - 14 Pat Anderson advising Council that she feels the construction of an incinerator in Courtice is a very wrong move as the new proposal will not contribute to the local environment but will decrease the value of homes in the area, increase pollution, harm wildlife, and sacrifice valuable farm land. She urged Council to consider the impacts the planned incinerator will have on the health of residents of Clarington and the legacy of future generations. I - 15 Dr. Benjamin Fuller advising he is against the building and running of an incinerator in Durham as a means of dealing with garbage and will do everything in his power to stop the endeavour. I - 16 John Oates advising he has studied the controversy of incineration vs. landfill and informing Council that he is strongly opposed to the proposed incinerator for health reasons. I - 17 Wayne Heinrichs expressing concern with the impact of incineration on the community and advising he is opposed to the construction of an incinerator until more studies have been done on the toxic air emissions, degradation of air quality, greenhouse gas emissions and other areas of concern. 1-18 Reverend Christopher Greaves, St. John's Anglican Church, expressing opposition to the proposed Energy-From-Waste facility and suggesting an open discussion take place about alternatives to incineration. Summary of Correspondence -3- October 29,2007 1-19 Sue DaCosta, Secretary, Orono T0wn Hall Board, thanking Council for the donation made in memory of Ann Dreslinski and advising the donation will help make a permanent commemorative plaque in Anne's name possible. I - 20 Caroline Weber, Director General, Office for Disability Issues, responding to Council's resolution regarding the accessibility of self- serve gas stations, advising that Human Resources and Social Development Canada is currently gathering information in support of a proposal for new legislation to promote further accessibility for Canadians with disabilities and advising of the creation of new programs, funds and tax benefit improvements announced in the 2007 budget to assist people with disabilities to realize their full potential. I - 21 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, forwarding a copy of the "Moraine for Life" Symposium Stakeholders' Report documenting the symposium process; reviewing achievements and challenges in protecting the moraine; and highlighting stakeholder recommendations relating to land, water and community well-being. 1-22 Angela Gibson, Senior Transportation Planner, Town of Ajax, advising Council that on October 9,2007, the Town of Ajax passed the following resolution pertaining to the Regional Cycling Plan Study: "1. THAT the Regional DC By-law be amended to include a line item for funding critical connections in the Regional Cycling Plan; 2. THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to coordinate a Southern Ontario Cycling Task Force; 3. THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to assist in the funding of Cycling Plans; and 4. THAT the report entitled "Regional Cycling Plan Study" be received and forwarded to the Minister of Public Infrastructure Renewal, the Minister of Transportation, Durham Region and each of its Area Municipalities for information." Summary of Correspondence -4- October 29, 2007 1-23 Nicola Keene advising Council she is adamantly opposed to the incineration site planned for Courtice as her children suffer from health issues due to the environment and an incinerator would compound those problems. She urged Council not to proceed with the plan. " I - 24 Mabel Low advising she is adamantly opposed to the Energy-From- Waste Incinerator and trusting Council will make the right decision to protect current and future generations from toxic emissions. I - 25 British Natural History Museum, British Broadcasting Corporation and Shell Oil advising Clarington resident Kristin McRea is a runner up in the Shell Wildlife Photographer of the Year Competition. Kristin's photo, one of 32,000 entries, was taken in Clarington on the shore of Lake Ontario at Bond Head municipal beach and will be displayed in the British Natural History Museum throughout 2007, featured by the BBC in their Wildlife Magazine and in a coffee table book entitled "Shell Wildlife Photographer 2007". I - 26 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc. and Jack Gibbons, Chair, Ontario Clean Air Alliance, advising electricity consumers served by Veridian Connections Inc. led Ontario in reducing peak electricity use this past summer and helping the utility win a "Peak Buster" Award from the Clean Air Alliance by placing first in the large utility class and second overall in the Clean Air Alliance's inaugural Peak Buster conservation challenge. Ontario's peak demand for electricity dropped by 4.7% from 2006 to 2007; however, Veridian customers almost doubled this performance with an 8.6% reduction. CORRESPONDENCE FOR DIRECTION D - 1 Kristin Duare McKinnon-Rutherford tendering her resignation from the Green Committee due to time constraints and her involvement in opposing the incinerator proposal and hoping that the Green Committee will look at how the impact of an incinerator in Clarington would directly contradict the goals of the Green Committee, in particular, in the area of climate change and clean air. (Motion to receive the correspondence with regret, and refer correspondence to the Municipal Clerk) Summary of Correspondence -5- October 29,2007 D - 2 Anne Lannan, Ontario Community Newspapers Association, advising of the Ontario Junior Citizen of the Year Awards, a program to recognize the important contributions outstanding young people are making to their communities through valuable community service; enclosing a program brochure; and, requesting the municipality's assistance in forwarding the information to interested parties such as libraries and Parks and Recreation departments encouraging them to submit a nomination. The deadline for nominations is December 28, 2007. (Motion to refer correspondence to the Municipal Clerk for an ad to be placed in the local newspapers) D - 3 David Kelly, Chair, Clarington Accessibility Advisory Committee, advising Council that on October 3,2007, the Clarington Accessibility Advisory Committee passed the following resolution pertaining to an accessible playground: "THAT the Council of the Municipality of Clarington authorize staff to work with the Bowmanville Rotary Club to prepare a playground plan to be considered in the 2008 Budget process." " (Motion to refer correspondence to staff) D - 4 Confidential correspondence containing personal information about an identifiable individual. (Copy circulated under separate cover) (Motion to refer correspondence to staff) D - 5 Linda J. Laliberte, CAO, Secretary Treasurer, Ganaraska Region Conservation Authority, requesting Council to endorse the nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee. (Motion for Direction) Summary of Correspondence -6- October 29, 2007 o - 6 Gabriel Miller, Project Coordinator, Federation of Canadian Municipalities (FCM) advising FCM will be conducting a survey of municipal infrastructure needs from October 5 to November 1,2007, and producing an up-to-date estimate of the municipal infrastructure deficit in order to help make the case for Federal investments in municipal infrastructure. Survey questions will include reference to infrastructure stock, inventory, condition, age, replacement value and budgeting and information collected will be held in strictest confidence. A sample group of municipalities has been targeted to respond; however, all FCM members are invited to participate by contacting the project coordinator by telephone at 613-907-6316 or E-mail atQmiller@fcm.ca. (Motion for Direction) D - 7 Charlie Bagnato, Municipality of Brockton, advising Council that on September 10, 2007, the Municipality of Brockton passed the following resolution pertaining to the funding formula for Conservation Authorities: 'WHEREAS by way of Regulations under the Conservation Authorities Act enacted in May of 2006 the Province of Ontario has put in place legislation that prohibits development under certain situations and conditions; and WHEREAS the impact of this Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulation has not been mapped out to make it clear which properties or portions of properties are affected by the Regulation and therefore subject to a permit from the local Conservation Authority; and WHEREAS these Regulations have had the effect of greatly increasing the work load on staff of the local Conservation Authority to the point of creating delays of several weeks or months in obtaining permits from the Conservation Authority to allow new development; and WHEREAS the Province of Ontario has made significant cuts in funding to local Conservation Authorities which were initiated in 1995 and have continued to the point where staffing levels are now severely affected; and WHEREAS the combination of funding cuts to Conservation Authorities and the implementation of new Regulations have put an increased workload on the staff of Conservation Authorities to the point where the review of development proposals are delayed for unnecessarily long periods of time thereby frustrating new development proposals for communities affected by these regulations; Summary of Correspondence -7- OCtober 29, 2007 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BROCKTON HEREBY ENACTS AS FOLLOWS: THAT the Province of Ontario revisit the funding formula currently used for Conservation Authorities with the intent to increase the funding provided to Conservation Authorities to allow them to enhance their staffing levels and thereby respond to development proposals in a more timely manner. THAT in the absence of additional funding the Province of Ontario revisit the mandate of the Conservation Authorities to ensure that said mandate is refined and streamlined so that Conservation Authorities across the Province are able to provide timely professional service levels within a restricted mandate; and furthermore the Province of Ontario should investigate currently available engineering, planning, development and environmental expertise to determine a more cost effective method of delivering services, which Conservation Authorities are now unable to provide in a timely and effective manner. And that in the absence of such an investigation Municipalities should be given the ability to opt out of funding of Conservation Authorities where the local Conservation Authority is unable to provide the required services in a timely manner. THAT this resolution be circulated to all municipalities and Conservation Authorities in Ontario for their support. THAT a copy of all resolutions and letters in support of this request be sent to i) Honourable David Ramsay, Minister of Natural Resources ii) Conservation Ontario, Attention Chair Dick Hibma; and iii) The Municipality of Brockton." (Motion for Direction) D - 8 Brian Fallis, Chair, Ganaraska Region Conservation Authority, advising the Authority is fundraising for the redevelopment of the Ganaraska Forest Centre, an outdoor education centre north of Elizabethville which provides educational and recreational opportunities for students and youth groups; advising the Authority is submitting a proposal to the Ontario Power Generation for consideration of a partnership opportunity for funding of the new Forest Centre; requesting the municipality's endorsement of the redevelopment of the Ganaraska Forest Centre; and, attaching a sample letter of support to be submitted with the proposal. The Authority has requested letters of support to be forwarded to them by November 3, 2007. (Motion for Direction) 1-1 SANTA CLAUS PARADE - MINUTES OF MEETING September 10, 2007 Start Time: 7:15 p.m. Finish Time: 8:34 p.m. Attendance: Valerie McCormick, Dawn Longmire, Kathy McLaughlin, Tracy Bayley-Buckle, Roger Letooze, Debbie Fernandes, " .:. Previous Minutes were accepted by Tracy, Seconded by Roger. All in favour - passed. VALERIE MCCORMICK - Cbairperson . Val received a letter from Ron Thompson, stating that he will be retiring as Santa. ~ Motion made my Roger to let Ron keep his Santa outfit. Seconded by Dawn. All in favour - passed . Committee would like to thank Ron for all his work as Santa by purchasing him a small token of our appreciation. ~ Motion made by Tracy to purchase a giftfor ROil in the amount of $75.00. Seconded by Debbie. All in favour -passed . We are now in need of a new Santa. There were three names brought forward. (Wayne Hodge, Rick Patterson, and also Jim Hutchison). Roger will call Wayne to see if he is still interested. Val will be contacting Ron to see if he has any names. . Pat Lang our Costume maker has also retired. Val called Pat and thanked her for all her hard work. ~ Motion by Dawn that we purchase a gift for Pat in the amount of $75.00. Seconded by Debbie. All in favour - passed . The Theme for this years Parade will be "Christmas Around the World". Dawn would like us to vote on the theme for next year's parade at the Wrap Up Meeting. . This year's Wrap Up Meeting may be taking place at someone's house or at Town Hall and have dinner catered, as it was difficult to have meeting and then dinner at restaurant. Difficulty in hearing people speaking. . Val's letter that was sent to Charlie Trim never went past Corey Welsh. Val to contact Sheri and talk to her. . New Volunteer - Dawn has a friend who is interested in joining the Committee. This volunteer will be working as the Volunteer Co-ordinator. Dawn will contact her friend to see if she is interested in this position. Val will train this position on the job. MARIE HAMMOND - Treasurer - (Val reported for Marie) . Books were audited again this year, last February 2007. . Books looked good, as there were no comments. . Balance in bank account - $17,376.07, and $5,000.00 in GIC. . Budget will be set at our next meeting. TRACY BA YLEY- BUCKLE -Makeup . Nothing to report. . It was also mentioned if Committee would be interested in purchasing Hoodies for the Committee members. Dawn and Val to look into this. DEBBIE FERNANDES - Floats and Fillers · Is still waiting to send out letters · Debbie also has some receipts for Marie, which will give to Marie at our next meeting. DA WN LONGMIRE - Buttons, Costumes · Pat Lang has retired, as stated by Val. · Dawn is trying to find someone that will take Pat's place and make costumes at no cost, but this will not be happening this year. Dawn will try and find a replacement over the winter. . She suggested that this maybe the year to R-evitalize the flag carrier outfits. . Button Design - Val and Dawn to get together to discuss and get ideas together. . She also has some receipts for Marie, which will be given to Marie at our next meeting. ROGER LEETOOZE - Judging/Posters/Rogers Cable/Buttons and Button boxes . Fax to Rogers has already been sent . There are some changes at the Legion and Jim Connelly is no longer President, but will still be organizing/selling buttons on Parade day. . Hats will need to be purchased. Val will purchase twelve for this year. . We will be using the same Poster as last year, but change the dates. TERRYL TZIKAS '- Secretary . No report - absent from meeting. KATHY MCLAUGHLIN - Publicity . Kathy will be forwarding request to School Superintendents to ask that an ad be placed in School papers regarding Costumes. SHERI CRAGO - Bands - (Val reported for Sheri) . No band booked yet, but has received two calls from bands that were in parade last year. NEW BUSINESS . We will be discussing at our next meeting, Roger's wife writing a book on the History of the Parade. . Also, Val to speak with town regarding the traffic issue with the Bridge. When completion of this etc. Motion to end meeting by Roger, seconded by Dawn. All in favour - Motion Accepted Next meetine: Monday September 24, 2007 7:00 p.m. Library, room 1 C SANTA CLAUS PARADE -MINUTES OF MEETING September 24, 2007 " Start Time: 7:00 p.m. Finish Time: 8:40 p.m. Attendance: Valerie McCormick, Dawn Longmire, Kathy McLaughlin, Tracy Bayley-Buckle, Roger Letooze, Debbie Fernandes, Marie Hammond, Lisa Kowal .:. Previous Minutes were accepted by Roger, Seconded by Dawn. All in favour - passed. VALERIE McCORMICK - Chairperson . Val has set up meeting on October3, 2007 @ 7:00 p.m. to interview Santas. . Sheri advised that a Police check should be completed on our new Santa. . Ron Thompson will be making a list of Do's and Don'ts for new Santa. . Santa suit belongs to the Rotary Club. . Looking at obtaining signs for each end of town, received ok from Ron Baker. Val contacted 4BZ signs and they quoted $360.00 for a 32 X 48 inch sign, easel style plus taxes. She talked to Garth Gilpin about using BIA signposts. Must send letter for approval. Sign across street is approximately $1,100.00 to put up and take down. >- Motion made my Marie to obtain one sign from 4BZ signs, easel style, Seconded by Debbie. All in favour - passed . Val will have to contact Frank W 0 about having our volunteer trophy being hung up at Municipal Office. . Ron Baker stated that bridge construction would not be completed by Parade Day. State alternate route into town on our Website. . Must select Volunteer of the Year award tonight. ~ Motion made by Dawn to nominate Valerie Gardiner for Volunteer of the Year Award, Seconded by Marie. All in favour - passed MARIE HAMMOND":" Treasurer . Increase our'GIC from $5,00.00 to $10,000.00. ~ Motion made by Marie to increase our GICfrom $5,000.00 to $10,000.00, Seconded by Dawn. All in favour - passed . Marie to have Budget set for next meeting. TRACY BA YLEY- BUCKLE -Makeup . E-mail Terryl to obtain letter for Sippy Bags. . Would like to purchase more make-up this year. . She stated that she has more volunteers. DEBBIE FERNANDES - Floats and FiJJers . Debbie stated that she has two new entries this year. . There are no changes to the declaration letter. . Committee Float will remain the same this year. DAWN LONGMIRE - Buttons, Costumes · Contacted David about button, and is working on that. · There will be red hoodies for the Flag Carriers and these have been ordered (Red Hoody - HO HO on sleeves and are looking at Logo on front and back) ~ Motion made by Tracy to purchase Boodies for Committee Members, Seconded by Marie. All in favour - passed · Dawn will purchase some costumes this year, Super Heroes depending on budget. · Lome is printing Donation letters this week and will be out in the Mail the 151 week in October. ROGER LEETOOZE - Judging/Posters/Rog~rs Cable/Buttons and Button boxes · Will have Judges set up in the next couple of weeks. · We will be using Bob's Towing again this year for picking up golf carts. TERRYL TZIKAS - Secretary - (Val reported for Terryl) · All letters have gone out to dignitaries, Police, Fire, Municipality for permit, Durham region for roads. · Contacted Canada Post for letter pick up on Parade Day. · BIA to do the cleaning, a letter to the Municipality requesting By-Law officers for the morning, the gym has been reserved through the Kawartha Pine Ridge School Board. · The Mayor will not be attending, his son is getting married on that weekend, will send a replacement. KATHY MCLAUGHLIN - Publicity · E-mails have been sent to school boards regarding Costumes for School Newsletters. · Ad for Floats and Fillers to be in paper October 3,2007. SHERI CRAGO - Bands - (Val reported for Sheri) · Sheri has made some calls regarding bands, but none that are firmly booked as of yet. Will likely have more to report next meeting. LISA KOWAL - Volunteer Co-Ordinator . Lisa has set up a Santa Claus parade Yahoo address. . Pacers - one person from each Float, to pace a different Float. . Lisa will contact the contacts from each Float to inform them of this. They may feel more comfortable pacing their own Float. . High School Students will look after crowd control on Liberty Street. . Lisa is looking into obtaining hats from the dollar stores. NEW BUSINESS . History of Santa Claus Parade was discussed - something for the 50th Anniversary. What kind of book was discussed, also the idea of the book. Invited Roger's wife to come to our next meeting at 8:00 p.m. on October 9th for further discussion ~ Motion to end meeting by Marie, Seconded by Dawn. All in favour- passed. Next meetine: , , Monday October 9, 2007 7:00 p.m. Library, room 1 C , , , , 1-2 Minutes of Meeting # 7/07 Meeting #7/07 was held on Wednesday, June 20, 2007 at the Kawartha Conservation office. Chair O'Connor called the meeting to order at 6:31 p.m. Present: Larry O'Connor, Chair Peter Franzen Lynn Philip Hodgson, Vice-chair Dave Marsh Jim McMillen Lloyd Robertson Alex Ruth Donna Villemaire Absent: Ron Hooper Staff: Ian Macnab Wanda Stephen Mark Majchrowski Kristie Virgoe Lezlie Goodwin Township of Brock Township of Galway, Cavendish & Harvey Township of Scugog City of Kawartha Lakes Township of Scugog (arrived 8:00 p.m.) City of Kawartha Lakes Twp. of Cavan Monaghan City of Kawartha Lakes Municipality of Clarington Chief Administrative Officer Director, Corporate Services Director, Watershed Management , Manager, Environmental Protection & Restoration Communications Specialist (until 7:00 p.m.) Chair O'Connor informed the Board that Durham Region had recognized Kawartha Conservation with the Jessica Markland Partnership Award for our work in conjunction with East Cross Forest. Adoption of Agenda Res. # 70/07 Moved by: Lloyd Robertson Seconded by: Alex Ruth Resolved, That, the agenda for Meeting #7/07 be adopted as received. Declaration of Pecuniary Interest None was declared. CARRIED -2- Presentation on Communications Programming Lezlie Goodwin provided the Board of Directors with an overview of our communications programming. Her role in media relations, developing a variety of information materials, and coordinating public events and outreach was highlighted. ' Minutes of Meeting #6/07 Res. #71/07 Moved by: Dave Marsh Seconded by: Peter Franzen Resolved, That, the ininutes of Meeting #6/07 be adopted as received. CARRIED Costing Information on 2007 Capital Projects Res. # 72/07 Moved by: Dave Marsh Seconded by: Donna Villemaire Resolved, That, the report on costing information on 2007 Capital Projects provided at Meeting #7/07 be received for information. CARRIED 2008 Budget Timeline Discussion was had on guidelines for developing the 2008 budget and the timeline for such development. It was thought that as a guideline, a three-year, rather than five-year, workplan and financial forecast was better. The timeline for budget development (September through December 12th) should also be communicated with municipal staff. Res. # 73/07 Moved by: Lloyd Robertson Seconded by: Alex Ruth Resolved, That, the 2008 preliminary budget principles and timetable be approved as amended. CARRIED Status of Planning Agreement, City of Kawartha Lakes Res. # 74/07 Moved by: Lloyd Robertson Seconded by: Dave Marsh Resolved, That, the staff report on the status of the planning agreement with the City of Kawartha Lakes be received for information; and, That, the conservation authority request the City to make its final decision on the matter by October 30th to facilitate budget planning for 2008. CARRIED -3- Correspondence with Ganaraska Region Conservation Authority on Amalgamation Res. #75/07 Moved by: Donna Yillemaire Seconded by: Lloyd Robertson Resolved, That, correspondence from Chair O'Connor to Chair Fallis and Chair Fallis' reply on the subject of amalgamation be received. CARRIED Exit Interviews Res. #76/07 Moved by: Dave Marsh Seconded by: Lynn Philip Hodgson Resolved, That, the information on exit surveys be received for information; and, That, a report on the aggregate of surveys since 2003 be brought to the Board of Directors in September. CARRIED Lake Scugog Fundraiser Cruise Res. #77/07 Moved by: Lloyd Robertson Seconded by: Alex Ruth Resolved, That, discussion on a Lake Scugog fundraising cruise be tabled. CARRIED Visioning Exercise Res. #78/07 Moved by: Lynn Philip Hodgson Seconded by: Peter Franzen Resolved, That, Chair O'Connor undertake a visioning survey, either written or verbal, with Directors over the summer regarding future programming directions for the conservation authority culminating in a Board wide vision. CARRIED -4- Carp Situation The carp kill on Lake Scugog, MNR's response to it and the conservation authority's role was discussed. Res. #79/07 Moved by: Lynn Philip Hodgson Seconded by: Lloyd Robertson Resolved, That, staff prepare a report on the 'state of Lake Scugog' on the day, or as close to the day, of the fish kill; and, Further, That, the MNR be invited to appear at a meeting of the Board to further explain and discuss this situation. CARRIED Closed Session Res. #80/07 Moved by: Donna Villemaire Seconded by: Lloyd Robertson , Resolved, That, the Board move in camera. CARRIED Res. #81/07 Moved by: Donna Villemaire Seconded by: Lloyd Robertson Resolved, That, the Board rise from closed. CARRIED The meeting adjourned at 8:35p.m. Larry O'Connor Chair Ian D. Macnab Chief Administrative Officer Minutes of Meeting # 8/07 Meeting #8/07 was held on Wednesday, September 12, 2007 at the Kawartha Conservation office. Chair O'Connor called the,meeting to order at 6:31 p.m. Present: Larry O'Connor, Chair Peter Franzen Lynn Philip Hodgson, Vice-chair Ron Hooper Dave Marsh Jim McMillen Lloyd Robertson Alex Ruth Donna Villemaire Staff: Ian Macnab Wanda Stephen Mark Majchrowski Dave Pridham Kristie Virgoe Township of Brock Township of Galway, Cavendish & Harvey Township of Scugog Municipality of C1arington City of Kawartha Lakes Township of Scugog (arrived 8:00 p.m.) City of Kawartha Lakes Twp. of Cavan Monaghan City of Kawartha Lakes Chief Administrative Officer Director, Corporate Services Director, Watershed Management Manager, Environmental and Technical Services, Manager, Environmental Protection & Restoration Chair O'Connor welcomed everyone and introduced Dave Pridham, our new Manager of Environmental and Technical Services. Adoption of Agenda Res. # 82/07 Moved by: Jim McMillen Seconded by: Ron Hooper Resolved, That, the agenda for Meeting #8/07 be adopted as received. Declaration of Pecuniary Interest None was declared. CARRIED -2- Minutes of Meeting #7/07 Res. #83/07 Moved by: Lloyd Robertson Seconded by: Alex Ruth Resolved, That, the minutes of Meeting #7/07 be adopted as received. CARRIED As business arising, Director Marsh asked if minutes of the closed session were available. Historically, the conservation authority has not kept minutes of a closed session, allowing the regular minutes to reflect the public record of the outcome of closed. It was decided to maintain notes on closed sessions within the office and that such notes would be available to the Board of Directors as needed and returned to our office files following use. Report on Exit Surveys Res. # 84/07 Moved by: Dave Marsh Seconded by: Alex Ruth Resolved, That, the Report on Exit Surveys as presented to the Board of Directors at meeting #8/07 be received for information. CARRIED State of lake Scugog Report Res. # 85/07 Moved by: Dave Marsh Seconded by: Donna Villemaire Resolved, That, the Report on the "State of the Lake" for lake Scugog as presented to the Board of Directors at meeting #8/07 be received for information. CARRIED Staff were directed to circulate the report to all watershed municipalities. A question arose as to what might be the effect on fish eating dead fish? Although it is suspected that not many dead fish would be eaten by other fish, staff will look into this. The situation of logs being absent from the Lindsay dam this summer was discussed and a resolution made. -3- Res. # 86/07 Moved by: Dave Marsh Seconded by: Donna Villem,aire Be It Resolved, That, TSW be requested to give a written explanation as to "if and why" two logs were removed from the Lindsay dam; and, Further That, they be requested to explain what action(s) have been taken to prevent this in the future; and Further, That, what effect this may have had on Lake Scugog. CARRIED Interim Financial Sta'tements to June 30, 2007 Res. # 87/07 Moved by: Donna Villemaire Seconded by: Lynn Philip Hodgson Resolved, That, the interim financial statement to June 3D, 2007 be received and approved as presented. CARRIED Director Marsh asked how overtime was reflected within the financial statement. It was explained that overtime was unpaid and not part of the financial statement. It was noted that staff working overtime could take time in lieu with approval. An explanation of overtime policy was then requested. Director Marsh asked about operating costs associated with conservation areas. It was noted that Windy Ridge development was funded from a special reserve, while operations were budget based unless the, Board directed otherwise. The discussion proceeded to the possible future operating costs of East Cross Forest. The CAO noted that as a conservation area these would be part of operating unless the Board decided otherwise but that the Board would make that decision when the area was operational. Currently East Cross Forest land securement and development is funded through Durham Region. Director Marsh took the position that both Windy Ridge and East Cross Forest operations should not be funded form general levy. Res. # 88/07 Moved by: Dave Marsh Seconded by: Lloyd Robertson Be It Resolved, That, a report come to the next meeting regarding the past, present and future funding of all conservation areas. A recorded vote was requested: -4- Peter Franzen Lynn Philip Hodgson Ron Hooper Dave Marsh Jim McMillen Lloyd Robertson Alex Ruth Donna Villemaire Larry O'Connor no no yes yes no yes no yes 4 no 5 DEFEATED A further motion was put forward: Res. # 89/07 Moved by: Lloyd Robertson Seconded by: Donna Villemaire Resolved, That, the Windy Ridge general levy potential impact be reported on at the next Board meeting (October 10th). ' CARRIED Program/Project Updates to June 30, 2007 Res. #90/07 Moved by: Donna Villemaire Seconded by: Alex Ruth Resolved, That, the staff update on programs and projects through June 30, 2007 as presented to the Board of Directors at Meeting #8/07 be received for information. CARRIED In discussion, Director Marsh asked that the performance evaluation policy be brought to the Board for review. Lake Scugog Fundraiser Cruise This item was left on the table. Ratification of Section 28 Permits Res. #91/07 Moved by: Dave Marsh Seconded by: Lloyd Robertson Resolved, That, the list of Section 28 permits issued between December 1st 2006 and August 31st 2007 by the KRCA and presented at Meeting #8/07 be ratified by the Board of Directors. CARRIED ,-5- Regulation Application Res. #92/07 Moved by: Dave Marsh Seconded by: Ron Hooper Resolved, That, based on the plans submitted by Mark Williams and the previously approved permit for similar construction on the same lot, staff be directed to issue a permit to allow construction, said permit to contain the same flood proofing conditions as the previous permit. CARRIED Violation of Section' 28 Regulation Res. #93/07 Moved by: Dave Marsh Seconded by: Jim McMillen Resolved, That, the list of Section 28 violations reported between January and August 2007 and presented at Meeting #8/07 be received and appropriate actions taken as identified. CARRIED . Visioning Exercise Chair O'Connor deferred discussion on this item noting that several of the directors had not as yet responded to his visioning survey. He urged directors to participate. Source Protection Authority Inaugural Meeting The CAO informed the Board that the first meeting of the Kawartha-Haliburton SPA would be held on September 26 beginning at 6:30. The Board would move into Committee of the Whole following this meeting to conduct conservation authority business. Res. #94/07 Moved by: Donna Villemaire Seconded by: Lloyd Robertson Resolved, That, verbal staff report on the Kawartha-Haliburton Source Protection Authority be received. CARRIED New Business 1. Chair O'Connor informed the Board of the upcoming Latornell Conservation Symposium. Members are urged to review the symposium program and determine if they might be interested in attending by September 26th. 2. Chair O'Connor informed the Board that Lou Wise, nominated by Kawartha Conservation, was being recognized as a conservation pioneer at the Latornell Symposium. -6- 3. Director Marsh wanted an update on personnel issues. Chair O'Connor responded that there was no legal matters being dealt with and no information had been filed by any former employee. 4. Director Marsh informed the Board that the City of Kawartha Lakes would not be using our engineering services for stormwater review and that costs should reduce accordingly. The CAO noted that an engineer would still be needed to serve the remainder of the watershed and in conjunction with our Section 28 regulation across the entire watershed. Currently we are looking to hire an engineer in partnership with Ganaraska Region Conservation Authority. Res. # 95/07 Moved by: Dave Marsh Seconded by: Lloyd Robertson Be It Resolved, That, the filling of the position of engineer be deferred pending budget deliberations. A recorded vote was requested: Peter Franzen Lynn Philip Hodgson Ron Hooper Dave Marsh Jim McMillen Lloyd Robertson Alex Ruth Donna Villemaire Larry O'Connor yes no '. yes yes yes yes no yes yes " 7 2 CARRIED There being no further business, the meeting adjourned at 8:45p.m. Larry O'Connor Chair Ian D. Macnab Chief Administrative Officer 1-3 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting September 18th, 2007 MEMBERS PRESENT: Paul Allore Philip Carlton Leslie Wilson Victor Suppan Karin Murphy David Reesor Andrew Kozak Jennifer Knox James Rook ,ane Cooke MEMBERS ABSENT: REGRETS: PLANNING STAFF: Karina Isert Isabel Little ADOPTION OF MINUTES 07.21 Business arising to the end of the meeting. The Matters August newsletter was received. the Young Heritage Leaders Program was reviewed. No A Powerpoint pr Heritage in Your C was received from the Ministry of Culture titled Supporting nity. FINANCIAL REPORT As the Treasurer sent regrets for this meeting, the Chair presented the financial report. 07.22 Moved by Victor Suppan, seconded by James Rook THAT the financial report be accepted. "CARRIED" Minutes of Clarington Heritage Committee Meeting, Sept 18th, 2007 The Treasurer has submitted a request for approval to change the name on the bank account from Clarington LACAC to Clarington Heritage Committee. 07.23 Moved by David Reesor, seconded by Leslie Wilson THAT the Treasurer be authorized to change the name on the bank account to Clarington Heritage Committee. "CARRIED" NEW BUSINESS The Community Focus. Group for the Newcastle Villag held several meetings since the study began and th priority areas for consideration which will be pres will be a public open house to be held on Octo Newcastle Village Community Hall. A newsl copy will be forwarded to the CHC members. Newcastle Villaqe CIP itted a written request to ilding was formerly a by By-law 90-187 in 1990. ill contact the owner to discuss The Com vehicle 1550 structu had no 0 instead of t st for com ts on a proposal to establish a motor ogistics facility on a 19 hectare parcel of land located at operty contains a barn and smaller accessory farm dem ed if the application is approved. The Committee f the application but would like to see the barn salvaged going to a landfill site. They passed the following motion: 07.24 Allore, seconded by Duane Cook THAT th arn be salvaged through a professional barn salvager, that the Committee be permitted to take a photographic record of the barn, that the property owner be requested to provide any site history available on the property, and that it be suggested to the owner that they make the barn available on Architectural Conservancy of Ontario website "CARRIED" 2 Minutes of Clarington Heritage Committee Meeting, Sept 18th, 2007 BUSINESS ARISING Heritaqe Buildinqs - Darlinqton Township The Heritage Buildings Darlington Township books have been pril")ted. Staff have confirmed that the tourism office does not sell books of any type due to administration and storage issues. The Committee discussed offering both the Clarke Township and Darlington Township books to retailers at a wholesale price an reed that $12.00 would be reasonable. . 07.25 Moved by Paul Allore, seconded by J THAT the Darlington Townshi books be offered to retailer $12.00 each Heritaqe Resources and the 407 inline and 407 east link has pdate sub-committee has otographic inventory of the in the ity of the route. The ittee was provided with photographs of and those that were to be considered to at had been recorded and their inventory . . . 56 . 5531 . 1604 C . 5709 Old . 4059 Solina . 6097 Leask Road . 3478 Darlington Clarke Townline Road · 1731 Concession Road 6 · 5561 Regional Road 14 . 3662 Concession Road 8 Designated Designated Primary Primary Primary Primary Primary Primary Secondary Secondary Secondary Secondary Secondary 3 Minutes of Clarington Heritage Committee Meeting, Sept 18th, 2007 The Committee reviewed six additional properties to determine if they should be included in the inventory and passed the following motion: 07.26 Moved by James Rook, seconded by Philip Carlton THAT the following properties be identified as cultural heritag,e resources within the cultural heritage resource inventory: . 7500 Highway 115 as a property with Primary status . 1520 Concession Road 6 as a property with Seco . 3260 Concession Road 7 as a property with Se . 3226 Concession Road 7 as a property with . 5649 Rundle Road, including the farm bar property with Secondary status . 5987 Holt Road as a property with H status status ry status ne foundation, as a "CARRIED" o MTO as part of the staff's I request that MTO provide a phic record of the cultural rawings of the floor plans, and mittee members for Next Meeting ctober 16th, 2007 . gRoom 1 C, 7:00 pm 4 CLARINGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES September 12, 2007 Sarah Jane Williams Heritage Centre 62 Temperance Street, Bowmanville, Ontario Present: K. Isnor, Chair P. Ford B. Colville W. Tanner 1. Witheridge M. Carlton Regrets: Mayor Abernethy S. Laing J. Rook J. Murray Councillor Robinson Staff: M. Rutherford Conrad, Administrator M. Horne, Recording Secretary 1. CALL TO ORDER The meeting was called to order by the Chair at 7:05 p.m. 2. ADOPTION OF AGENDA Moved by: J. Witheridge Seconded by: B. Colville THAT the agenda be approved. MOTION CARRIED 3. ADOPTION OF MINUTES Moved by: P. Ford Seconded by: W. Tanner THAT the minutes of the June 13,2007 Board Meeting be approved. MOTION CARRIED Page 2 1-4 4. BUSINESS ARISING (a) The Chair advised that committee appointments should be made for the two new Board Members. J. Witheridge agreed to join the Prpperty Committee and W. Tanner agreed to join the Collections Committee. (b) J. Witheridge suggested that a long term vision for the Clarington Museums be considered by the Board in the immediate future and that a special meeting of the Board be called for this purpose. The Administrator advised that there was a draft long term vision which had been in place for some time which does need to be either modified or endorsed by the Board. It was discussed that the first priority is the move of the Kirby Church. Moved by: J. Witheridge Seconded by: W. Tanner THAT time be set aside at the November board meeting for the board members to establish a long term vision for Clarington Museums and Archives. MOTION CARRIED (c) The Administrator advised that the museum had been approached by a person wishing to buy an organ that had been deaccessioned as the museum has a duplicate. It is the policy of the museum that deaccessioned articles are put up for auction out of the area. The price offered for the organ is $300.00, and as the organ will be in used in a private home for the purpose of choir practice and will be picked up by the purchaser, it was suggested that the museum accept the offer to purchase this organ. Moved by: M. Carlton Seconded by: B. Colville THAT the museum proceed with the sale of the deaccessioned organ for the purchase price of $300.00 MOTION CARRIED 5. CORRESPONDENCE Moved by: J. Witheridge Seconded by: W. Tanner THAT the correspondence be accepted. MOTION CARRIED Page Three 6. COMMITTEE REPORTS (a) Finance Committee: Moved by: P. Ford Seconded by: B. Colville THA T the Finance Committee report be accepted. MOTION CARRIED 7. ADMINISTRATOR'S REPORT The Administrator reported that the Sunday teas on the verandah had been well accepted for the first year. It was noted that numbers of visits to the museum were down, but the reason for this could be due to the local economy. Moved by: 1. Witheridge Seconded by: P. Ford THAT the Administrator's Report be accepted. MOTION CARRIED 8. NEW BUSINESS The walkway between the Bowmanville Museum and the Sarah Jane Williams Heritage Centre was discussed. The Administrator explained that quotes were being received for the work to be done and also how the walkway would look when finished. Moved by: 1. Witheridge Seconded by: W. Tanner THA T the Property Committee select the best quote for the walkway. MOTION CARRIED Page Four 9. DATE AND PLACE FOR THE NEXT BOARD MEETING The next meeting of the Clarington Museums & Archives Board will be held October 10, 2007 at the Sarah Jane Williams Heritage Centre commencing at 7:00 p.m. 10. ADJOURNMENT Moved by J. Witheridge that the meeting adjourn at 8:30 p.m. Draft minutes - Not vet approved bv Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY OCTOBER 10, 2007 AT 7:00 P.M. Present: Arthur Burrows Jim Cleland (V oting) Kerry Meydam Karin Murphy Brian Reid Dan Stanoi John ,Stoner Councillor Willie Woo Also Present: Peter Windolf Jennifer O'Donnell (Non-Voting) Regrets: Jim Richards Greg Wells (GRCA) Joe McKenna Absent: David Best Jim Kamstra Warren May (MNR) 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by Karin Murphy, seconded by Jim Cleland THAT the agenda for October 10, 2007 be accepted. CARRIED 2. Minutes of September 11, 2007 Corrections There were no corrections to the minutes. Approval of Minutes MOVED by Jim Cleland, seconded by Kerry Meydam THAT the minutes of September 11, 2007 be approved. CARRIED 1-5 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee Reports Maintenance Sub-committee The maintenance sub-committee picked up more garbage, including some dumped shingles. They will return to pick up the remaining shingles. 5. Updates CFWIP Planting Proiect The Operations Department has bush hogged a 10 metre strip along Toronto Street for the fall planting project. Approximately 20 trees will be purchased using the CFWIP grant funding. The tree locations will be marked in advance of planting by the committee on Saturday October 20. Mulch for the base of the trees will also be delivered. Filter Fabric and Mulch Filter fabric was provided by the Operations Department and was brought to the, meeting for the maintenance sub-committee to use at the base ofthe benches and signs. Mulch was also delivered to the Cobbledick Parking lot and to the new trail through the woodlot. To make a smoother transition between the trail and the kiosk it was suggested that the grade on the east side of the Kiosk be lowered prior to spreading woodchips in this area. This will be discussed with Operations to see if they can do the grading. Evergreen Grant Application October 31 st is the deadline to submit for this grant. John is going to draft the submission with the aid of the SWNA terms of reference, the management plan and previous DEAC applications. PowerPoint Presentation The presentation is now complete but the equipment used to present it will need to be located. It will require a laptop and a projector, but in the meantime, it can be put the presentation on a portable USB drive, make copies on CD, and try printing it out on overhead transparency film. 6. Other Business/Next Meeting Tree Dating A large fallen tree on the Kaitlin site may be appropriate for the tree dating project, if one isn't found in the SWNA. Hydro One will be contacted to see if they could donate their time and use of a saw large enough to cut a cross section of the tree. Jim Richards Peter read an email sent from Jim outlining his current health situation. He will be unable to attend until further notice, but wishes to remain a member of the Committee. His email will be considered notice of his regrets until he is able to return. Songbirds The number of songbirds has decreased globally and has become evident in the nature area. John brought an article outlining various causes of the decline and ways to help or improve the songbird population. Copies ofthis article will be made and brought to the next meeting. Maintenance Issues . The garbage cans have been emptied . Wood chips have been delivered . Toronto Street has been bush hogged in preparation for tree planting . Recycling pick up is not available due to the style of garbage truck the Operations Department uses. Operations will be asked if they can provide recycling bags to the maintenance sub-committee so that recycling can be collected. . The bluff warning signs at the bluff still need to be moved. . The view finder has been repaired, but may need more work Adjournment: 8:20 P.M. Next Meeting: Tuesday November 13, 2007 7:00 p.m. Meeting Room lA Tree Planting: Saturday October 20, 2007 9:00 a.m. Toronto Street Notes prepared by J. O'Donnell 1-6 MINUTES September 18, 2007 Present: ' ' Committee Members: Amy Burke, Dave Clark, Elva Reid, Glen Murphy, Gregory Smith, Helen Bajorek- MacDonald, Jonathan Wheatle, Kristin McKinnon-Rutherford, Richard Marceau, Ron Collis, Madison Stange, Mayor Abernethy, Councilor Novak Coordinators: Carlos Salazar, Jennifer Cooke, Suzanne McCrimmon Staff: Lisa Backus, Susan Hajnik Agenda Item Introductions Discussion Carlos Salazar welcomes everyone to the first meeting of the Green Community Advisory Committee. Action Clarington Board of Trade (CBOT) and the Municipality have worked for 8 months to put this committee together. Staff members introduce themselves. Nominations Members of the committee introduce themselves. Elva Reid nominates Mayor Abernethy as chair Mary Novak seconds Mayor Abernethy acclaimed as Chair. Ron Collis nominates Kristen McKinnon-Rutherford as vice-chair. Jonathan Wheatle seconds Terms of Reference Kristen McKinnon-Rutherford acclaimed as Vice-Chair The mandate of the Green Community Advisory Committee is to prepare a Green Community Strategy Objectives of the Committee: 1) To undertake research in the following areas: a) Energy Conservation; b) Clean energy alternatives and technologies; c) Local response to Climate Change; d) Alternative development patterns for energy conservation and sustainable development including mixed densities, a mix of use and building types; and, e) Planning and technical innovation for sustainable development such as green infrastructure and low impact development. 2) On behalf of Council, to consult with the public through focus Qroups briefs and public meetings; September 18, 2007 Page 1 of 3 Aaenda Item Discussion 3) To prepare the Clarington Green'Community Strategy; and 4) To organize educational events to implement the Green Community Strategy; Action In addition, the Committee will provide input to Municipality's Official Plan Review Sustainable Development Component Regarding conflicts of interest, Members of the Committee must abide by the Municipal Conflict of Interest Act A copy of the complete Terms of Reference was supplied to all members. Other Business Ideas/projects that we might be able to undertake that may help council achieve the goal of "good growth" for Clarington. Brainstorming session: >> Ideas that are quick and easy to implement >> Make it easy for people to do in their own homes >> Base on education >> Help people understand the basics >> Business needs to be brought on board with green strategy >> Public education and marketing >> Look at what we have/do, know to help >> We need to launch the committee: This is what we are about This is what we are doing >> Biggest problem with green marketing is credibility >> With smaller businesses in the area it will be easier to approach them >> We could partner with business >> If we want to make a difference we need to tackle this one problem at a time. Focus on one issue. Possible to create sub-committees to look at different issues. Possible Projects >> R2000 as minimum standard for builders >> Composting for multi-residential >> Public needs to know what business is doing >> Promote business who do a good job of being green >> Green Events: there use to be an Environmental Fair (1988-1992) Jennifer Cooke what tool kits are available for this kind of event >> Encourage every community event to be a "green event" or environmentally friendly o Search what tool kits are available >> Battery recycling - can we partner with someone to have a drop off or "toxic taxi" September 18, 2007 Page 2 of 3 Agenda Item Discussion Action ~ Other Builders are promoting energy star homes/buildings or low impact discussions development. ~ Energy star is not required but encouraged. ~ Being environmentally correct give you an advantage in the long run. ~ Support the energy efficiencies of housing developments The logo for the committee was designed to try to capture the idea of blue water - green earth and speaks to keeping it that way. Schedule Meetings will generally be held on the 4tn Tuesday of the Month. Next meeting will be held October 2, 2007 in the Library, Mezzanine Meeting Room next to Dewey's Cafe. The next regular scheduled meeting is October 23rd. 2007 September 18, 2007 Page 3 of 3 1-7 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY September 20th, 2007 FA 07/07 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:20 p.m. MEMBERS PRESENT: Brian Fallis, Chair- Township of Cavan - Monaghan Raymond Benns - Township of Alnwick/Haldimand Linda Thompson - Municipality of Port Hope Cal Morgan - Municipality of Port Hope Miriam Mutton - Town of Cobourg Bob Spooner - Town of Cobourg Mark Lovshin - Township of Hamilton Twila Marston - Township of Hamilton ALSO PRESENT: Linda Laliberte, CAO/Secretary- Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Pam Lancaster, Stewardship Technician Amy Griffiths, Marketing and Communications Officer Members of the public ABSENT WITH REGRETS: ALSO ABSENT: Dave Marsh - City of Kawartha Lakes Charlie Trim - Municipality of Clarington Gord Robinson - Municipality of Clarington 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meetinq FA 55/07 MOVED BY: SECONDED BY: Miriam Mutton Bob Spooner THAT the Full Authority approve the minutes of the July 19th, 2007 meeting. CARRIED. 4. Adoption of the Aqenda The Chair indicated that there are two additional pieces of correspondence. Minutes FA 07/07 Page 2 FA 56/07 MOVED BY: SECONDED BY: Ray Benns Mark Lovshin THAT the agenda be adopted as amended. CARRIED. 5. Deleaations: None. 6. Presentations: None 7. Business Arisina from Minutes: None " 8. Chair and CAO/Secretarv- Treasurer Remarks The CAO/Secretary- Treasurer informed the Board members that Amy Griffiths has started in the position of Marketing and Communications Officer. The CAO/Secretary-Treasurer informed the Board members that staff have been busy preparing for the Sunrise Rotary Wilfs Walk on Sunday September 30th. Board members are invited to attend the upcoming AD Latornell November 14th - November 16th at the Nottawasaga Inn. Board members will be sent the website address. Board members were also updated on progress in the GFC capital campaign. Hamilton Township has donated $175,000 making them the first municipal partner to donate to the capital campaign other than the Region of Durham. The CAO reported that the three staff reports requested at the last Board meeting will come forward to the October Board meeting. Brian Fallis updated the members on the meetings regarding Drinking Water Source Protection. 9. Business from the Board Members. None 10. Correspondence: FA 57/07 MOVED BY: SECONDED BY: Bob Spooner Twila Marston THAT correspondence items #19, #20, #21, #22, #23, and #24 be received for information; FURTHER THAT a thank you letter be sent to Hamilton Township. CARRIED. 11. Applications under Ontario Reaulation 168/06: The process of issuing and Board approval of permits was reviewed. Miriam Mutton asked for clarification on a number of permits. Minutes FA 07/07 Page 3 Permits approved by Executive: a) 168/06-881-07/07 - (renewed) - Eric BQnsma (Municipality of Clarington) - restoration, fill removal - attached ' b) 168-06-834-07/07 - (renewed) - Kurt Gelder (Municipality of Clarington) - pond works c) 168/06-840-07/07 - (renewed) - Ed Lisinski (Municipality of Clarington) - culvert extension d) 168/06-889-07/07 - Municipality of Clarington (Municipality of Clarington) - Wilmott Creek pedestrian bridge e) 168/06-890-07/07 - Bloomfield Farms (Municipality of Clarington) - alteration of existing ponds f) 168/06-891-07/07 - Gary & Connie Groff (Municipality of Clarington) - above ground pool g) 168/06-892-08/07 - John Shaw (Town of Cobourg) - fill placement and grading h) 168/06-893-08/07.- AI Leblanc (Town of Cobourg) - fill placement and grading i) 168/06-894-08/01' - Peter Shaw (Municipality of Clarington) - pond enlargement j) 168/06-895-08/07 - Evelyn Haskell (Town of Cobourg) - porch addition k) 168/06-897-08/07 - Nancy Page (Township of Hamilton) - new home and septic I) 168/06-898-08/07 - Lynda Gowling (Township of Hamilton) - new home and septic m) 168/09-899-08/07 - Lynda Gowling (Township of Hamilton) - new home and septic n) 168/06-900-08/07 - Geraldine Bailey (Municipality of Clarington) - detached garage 0) 168/06-901-08/07 - Northumberland County (Municipality of Port Hope) culvert replacement p) 168/09-902-08/07 - Jamie Verbruggen (Township of Hamilton) - fill placement q) 168/06-902-08/07 - Dan Worsick (Township of Hamilton) - deck replacement FA 58/07 MOVED BY: SECONDED BY: Mark Lovshin Bob Spooner THAT the Full Authority approve the permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None. 12. Committee Reports: a) Ganaraska Forest Recreation Users Committee The members asked for an update on the Durham Regional Police patrols. There was also discussion about the amount of slash on the single track trails. Members requested staff reports on these items. FA 59/07 MOVED BY: SECONDED BY: Linda Thompson Cal Morgan Minutes FA 07/07 Page 4 . THAT the Full Authority receive the Forest Recreation Users Committee minutes for,. information. CARRIED. 13. New Business: a) 2008 Budget Criteria The criteria was discussed by members. The CAO explained the budget process to the members. FA 60/07 MOVED BY: SECONDED BY: Linda Thompson Twila Marston THAT the Full Authority receive this report for information purposes. CARRIED. 14. Other Business: None 15. In Camera: None. " 16. Adiourn The meeting adjourned at 8:20 p.m. on a motion by Bob Spooner. CHAIR CAO/SECRET ARY -TREASURER Cltllingtnn 1-8 Approved bv committee members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday, September 20, 2007 PRESENT: (Chair) Clayton Morgan Gillian Bellefontaine Alexander Lyall Lisa Robinson Councillor Adrian Foster (Vice-Chair) Gord Lee Kerry Meydam David Reesor ALSO PRESENT: Tony Cannella, Director of Engineering Services Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Stuart McAllister, Road Saf~ Co-ordinator, Durham Region REGRETS: Georg Krohn, Barbara Joan Montague, Constable Keith Richards, Elwood Ward, Andrew Bouma 1.0 AGENDA ITEMS FOR DISCUSSION 1.1 Road Safety Initiatives- MTO Guest Speaker Elaine Dimitroff Elaine Dimitroff, Regional Planner with the Ministry of Transportation started her presentation with a description of her duties and a list of various community based programs she is involved with. She works alongside others to produce products that help educate Ontario residents about road safety. Road safety education tries to target different groups such as youngsters and includes a current campaign called Buckle up Ontario, which promotes seatbeIt safety. The Committee proceeded to watch a video called Move Over...Protect Us All, which focuses on what drivers must do when approached by an emergency vehicle responding to a 9-1-1 call. Elaine closed the presentation by speaking about the new legislation; Safer Roads for Ontario Act, which targets street racing, drunk drivers and speeding in excess of 50 km or more. This new legislation will be effective September 30,2007. The presentation was enjoyed by all members and proved to be informative. 2.0 VICE-CHAIR REPLACEMENT Clayton Morgan advised members that Shane Morris, Vice-Chair resigned from the Committee as he has moved to Oshawa. Clayton Morgan nominated Gord Lee as a replacement Vice-Chair and Gord Lee accepted this title. The following motion was proposed: THAT: "Gord Lee assumes the position of Vice-Chair for the Clarington Traffic Management Advisory Committee." MOVED: by Kerry Meyham; SECONDED by Councillor Adrian Foster CARRIED 3.0 ADOPTION OF MINUTES - (June 21, 2007) The following motion was proposed: THAT: "The minutes of the June 21,2007 meeting are approved with one change. " That section 4.0 (New Business at Direction of Chair), item 4.9 (Timberlane Crt. Access from Townline Rd.-Courtice) be changed to read: Timberlane Crt. Access from Pebblestone Rd.-Courtice MOVED: by Kerry Meyham; SECONDED by Gord Lee. CARRIED 4.0 ITEMS FOR INFORMATION 4.1 Road Watch-(Gord Lee) There were 108 complaints reported to date through community drop boxes, 44 from on-line communication, 5 from school bus driver's and 170 from our radar message board (Durham Regional Police have sent to date letters to the offenders from the total 830 vehicle plates recorded). Of the 327 incidents reported, the Clarington Road Watch Committee was able to process 261 (80%). The remaining 66 had incorrect license or descriptive information that didn't allow for tracing of the vehicle owner. As most of these incidents are reported by the driving public or someone trying to write down a license number of a moving vehicle, there are a reasonably high number of incorrect plate numbers or vehicle descriptions that don't match the license number recorded. Of the 261 processed, (83%) were Durham residents and coincidentally, Inspector Green at 16 Division also advises that of 1100 tickets issued by Durham Regional Police in July of this year, 86% of those incidents were committed by Durham residents. 4.2 Traffic Watch Update-(Ron Baker) There were 830 vehicle plates recorded and submitted to Durham Regional Police for the period from June 12-September 5, 2007. There are vehicles traveling so fast that the radar operator could not capture the license number accurately. The Road Watch Emblem on Simpson Avenue, south of Southway Drive in Bowmanville is currently covered with asphalt tracking due to the construction at this location. 4.3 Highway 407 Update-(Leslie Benson) The draft technically recommended route was presented at the Public Information Centre in July of this year (2007) and Leslie Benson brought a copy of it for each member to view. She advised that Janice Szwarz, Senior Planner for Special Projects in the Planning Department (3rd floor of the Municipal Administrative Centre), has a map outside her office for those who would like to view the enlarged map. It is hoped that the timeline for the route is available in early October. Leslie suggested if anyone would like to comment or find out any further information on the technically preferred route that they should visit the website, www.407eastea.ca . 5.0 NEW BUSINESS AT DIRECTION OF CHAIR Items of Interest to the Committee 5.1 Baseline Road Intersection-Reference to: Section 4.0, Item 4.1 of the June 21, 2007 Minutes Leslie Benson contacted Larry Tracey from D. G. Biddle and Associates regarding the site plan for the Rona site which arrived in the Engineering Department last week and staff are not sure about the delay. 5.2 Parking on Parkway Crescent Bowmanville-Reference to: Section 4.0, Item 4.15 of the June 21, 2007 Minutes Leslie Benson advised that Len Creamer, the Senior Municipal Law Enforcement Officer was asked to enforce the "No Parking" area along Parkway Crescent in Bowmanville. Leslie will follow up with Len to see what transpired and advise the Committee next meeting. S\:ptc'rnher 2f), 2()07 5.3 Update on Construction Network-Tonv Cannella a) Baseline Road & Green Road-Bowmanville This construction has been completed. b) Green Road (Between Baseline Road & Durham Highway 2 Railway)- Bowmanville A new underpass will be initiated later in 2008. c) B~seline Road & Green Road Signals-Bowmanville Stuart McAllister advised that traffic signals are proposed to be installed by the Region this year. d) Baseline Road & Spry Avenue-Bowmanville Signals are being installed next year. e) St. George Street & Highway 2-near the Bowmanville Professional Bldg. Signals are being installed by the Region this year. 1) Longworth Avenue & Regional Road 57-Bowmanville The bypass lane has now been installed. Stuart McAllister will check to see what stage this signal work is at and will report his findings to Tony Cannella. g) Liberty Street & Longworth Avenue-BowmanviJJe The need for traffic signals will be monitored by the Region and will be installed once the warrants are met. h) Green Road North of Durham Highway 2-BowmanviJJe Construction is underway at Highway 2 north to Stevens Road (located behind the new Home Depot). i) New Stevens Road from Green Road to Clarington Boulevard Section from the Clarington Boulevard to Highway 57 award has been granted to contractors and the trees will remain. (:Ltyl~\('.J'~.Unm~s. " S.""nr .....' 11b . If) " ()() ....-..---...--.-__...__.___._.__.__.._....___.....____.___._~________.__._______~lj.:.. er _. . L. ',. 7 j) Elgin Street-Bowmanville Reconstruction has begun and should be finished by 2008. The elimination of approximately 200 meters of unnecessary sidewalk will take place leaving sidewalks on the west side of the street only. This will create a savings in capital and maintenance budgets. 5.4 Newtonville Double Line Painting Stuart McAllister will check to see when double line painting will take place. 5.5 Port Darlington Road by Railway Crossing Patching of the asphalt will take place at this location by C.N.R. 5.6 Bus Stops The transit system is handled by the Region. Stops are usually placed within a 400 meters radius. The Region is constantly planning for the placement of bus stops as subdivisions are being designed. Ifresidents would like to have an additional stop added to a route or speak to someone about transit issues they can use the transit website: www.durhamregiontransit.com . 5.7 Election Signs/Road Side Signs "Line of Site" Stop Signs The Ministry of Transportation will take away signs without any verbal complaints, however, Stuart McAllister advised that the Region often requires a call if there are any specific signs that need to be taken down. 5.8 Tim Horton's Regional Road 57 & Baseline Road The Region is addressing concerns and working on a plan to deal with the traffic problem. The Region will close the access off Regional Road 57 if the problem is not dealt with. Tony Cannella advised that the Engineering Department should be present for any decision making meetings to ensure problems are not shifted to Baseline Road. 5.0 NEXT MEETING DATE- October 18, 2007-7:00 P.M. Committee Room 1 C-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Dave Reesor THA T: "The meeting be adjourned at 8:50 p.m." 1-9 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE OCTOBER 3,2007,6:30 P.M. MEETING ROOM 1A Present: David Kelly, Chair Norman Hannan Tom Hicks Councillor Ron Hooper Absent: Darlene Matthews Sally Barrie Also Present: Anne Greentree, Deputy Clerk Ellen Atkinson, Recording Secretary 1. ADOPTION OF MINUTES Moved by Councillor Hooper, seconded by Tim Hicks THAT the minutes of the meeting held on September 5,2007 be approved. "CARRIED" " 2. DELEGATIONS Kevin Anyan, Bowmanville Rotary addressed the Committee regarding funding or assistance in requesting funding from the Council for a handicapped friendly playground. Mr. Anyan informed the Committee the Rotary Club currently has $8,000.00 which they can put towards the building of this playground, and he stated there is a possibility for another $4,000.00 - $5,000.00 through a grant for which the Club may apply. He stated if the playground were constructed over a two year period then the Club would be able to donate $16,000.00. Mr. Anyan stated he already contacted Mr. Bob Genosko and inquired as to whether or not there were funds available, in which Mr. Genosko stated the 2007 budget was already depleted and it would have to be referred to the 2008 budget requests. Mr. Anyan has already looked into the total cost of this type of playground and the amount came back between $20,000.00 and $30,000.00. Mr. Anyan indicated the preferred site for this playground would be at the Clarington Fields park. Clarington Accessibility Advisory Committee Moved by Tim Hicks, seconded by Norman Hannan - 2 - October 3,2007 THAT the Council of the Municipality of Clarington authorize staff to work with the Bowmanville Rotary Club to prepare a playground plan to be considered in the 2008 Budget process. CARRIED 3. ITEMS ARISING FROM THE MINUTES a) Rick Pigeon is currently working on a checklist. He has two different types of checklist one is very detailed or code specific. The Committee confirmed they would like 2 checklists - one for "plan review" and one for site visits (ie Orono Fairgrounds ). b) The Practical Guide for Organizers of Public Events will be passed on to the event organizers through the Community Services Department. c) Patti spoke with the Deputy Chief regarding the ramp being used on the "Learn Not To Burn" trailer. The Committee still feels this ramp may not be safe as it does not meet the slope requirements and requested that it be adjusted or replaced if possible. 4. NEW BUSINESS a) The Emergency Preparedness Guide for People with Disabilities/Special Needs is available on line and staff will ensure that the Clarington website will have a link to the website for access to this guide. 5. OTHER BUSINESS a} Letter from Caroline Weber, Director General, Office for Disability Issues was distributed to the Committee members. The Committee suggested a copy of the original letter and the reply be sent to David Onley as well as congratulating him on his post. Moved by Tim Hicks, seconded by Norman Hannan THAT David Onley be congratulated on his appointment as Lieutenant Governor of Ontario. CARRIED Clarington Accessibility Advisory Committee - 3 - , October 3,2007 , 5. DATE OF NEXT MEETING The next meeting is scheduled for November 7,2007. 6. ADJOURNMENT Moved by Tim Hicks, seconded by Norman Hannan THAT the meeting be adjourned. CARRIED The meeting adjourned at 7:30 p.m. Chair Secretary ~ipgron REPORT #1 REPORT TO COUNCIL MEETING OF OCTOBER 29, 2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 22, 2007 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-119-07 Ontario Municipal Board Decision on Minutes of Settlement for Amended Conditions of Draft Approval for Draft Plan of Subdivision Applicant: Headgate Developments (b) PSD-120-07 OMS Decision on Minutes of Settlement for Rezoning and Draft Plan of Subdivision Applications to Permit Medium Density Residential Uses Applicant: First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper (c) PSD-121-07 Waterfront Trail Wilmot Creek Life Style Community (d) EGD-055-07 Monthly Report on Building Permit Activity for September, 2007 (e) OPD-010-07 Recycling Blue Boxes, Garbage Bag Tag Sales, BIA Recycling Metro Bins and Special Events and Clarington Resident Guide to Reduce, Reuse and Recycle (f) ESD-014-07 Monthly Response Report - September 2007 (g) CSD-016-07 Municipality of Clarington's Participation in the Summer Jobs Service Program (h) CSD-018-07 Total Hockey I UOIT Hockey Day in Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 Report #1 2 October 29,2007 2. APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY- LAW AMENDMENT APPLICANT: PRESTONVALE LAND CORPORATION AND PAUL LYSYK FAMILY TRUST THAT Report PSD-117-07 be received; THAT the application for proposed draft Plan of Subdivision S-C-2007 -0003 submitted by Prestonvale Land Corporation and Paul Lysyk Family Trust be approved, subject to the conditions as contained in Attachment 3 to Report PSD- 117-07; THAT the ZOr)ing By-law Amendment application submitted by Prestonvale Land Corporation and Paul Lysyk Family Trust be approved, as contained in Attachment 4 to Report PSD-117-07; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner(s) of Draft Plan of Subdivision S-C-2007-0003 and the Municipality of Clarington be approved as contained in Attachment 5 to Report PSD-117-07 and forwarded to Council for approval; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this Report PSD-117 -07 and Council's decision; and THAT all interested parties listed in this Report PSD-117 -07 and any delegation be advised of Council's decision. 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 4, 2007 THAT Report PSD-118-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 4, 2007 for applications A2007 -0048 through A2007 -0052 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. CONFIDENTIAL LEGAL MATTER THAT the recommendations contained in Confidential Report EGD-053-07 be approved. Report #1 3 October 29,2007 .. 5. COURTICE HEIGHTS NORTH SUBDIVISION, COURTICE, PLAN 40M-1994, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-054-07 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1994; and THAT Council approve the by-law attached to Report EGD-054-07, assuming certain streets within Plan 40M-1994 as public highways. 6. ANIMAL SERVICES ADOPTION FEES THAT Report CLD-033-07 be received; THAT the Municipal Clerk and Deputy Clerk be authorized to reduce and/or waive adoption fees set out in Schedule A of By-law 2006-227; and THAT By-law 2006-227 be amended to reflect this authority. 7. PRE-AUTHORIZED PAYMENT PLAN (PAP) FOR TAXES THAT Report FND-019-07 be received; and THAT the by-law attached to Report FND-019-07 to repeal and replace By-Law 96-50 be recommended to Council for enactment. 8. LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES THAT Report FND-020-07 be received; and THAT the list of applications attached to Report FND-020-07 for cancellation, reduction, apportionments or refund of taxes be approved. 9. DELEGATION - BARRY BRACKEN - ENERGY FROM WASTE THAT the delegation of Barry Bracken be referred to the Director of Planning Services. REPORT 112 Cl!J!illglOn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, October 29,2007 Report #: PSD-122-07 File #: ZBA 2007-0037 By-law #: Subject: PROPOSED DAY CARE FACILITY AT 279 KING AVENUE EAST, NEWCASTLE APPLICANT: 1713535 ONTARIO INC. (JOHN HINDS) RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-122-07 be received; 2. THAT the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from "Residential (R 1) Zone" to "Residential Exception (R 1-69)" to permit a day care facility be approved and that the By-law contained in Attachment 2 be PASSED; and " 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: o id Crome, M.C.I.P., R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer JW/COS/DJC/df October 24, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-122-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: John Hinds/Mark Hendrikx 1.2 Owner: 1713535 Ontario Inc. 1.3 Proposal: Day Care Facility 1.4 Area: 0.0833 ha 1.5 Location: Part lot 27, Concession 1, former Township of Clarke , ,279 King Avenue East, Newcastle Village 2.0 BACKGROUND 2; 1 A public meeting on this application was held on October 1, 2007. At the meeting, Councillor Trim requested information on whether the correct process was followed. An outline of the steps in processing this application in relation to the related building permit is provided below. 2.2 In February, 2007, Mr. Hinds contacted the Planning Department to inquire about a change of use of the subject property to a Day Care Facility. At this time, the applicant was informed about the need for a zoning amendment and site plan approval for this development. 2.3 In May 2007, Mr. Hinds met with the planning staff on the proposal and the applicant was advised again that this application required a Zoning Amendment and a Site Plan Approval. Further, additional information on the approval process, timing and required documents were provided to the applicant. 2.4 On June 11, 2007, Mr. Hinds submitted an application to the Building Division for a building permit for an addition to a residential building. On the building permit application he noted the following: o Proposed use of the Building is " Residential"; o Description of proposed work is "Build an addition that will include a new kitchen, two bathrooms and a master bedroom, renovate the existing structure with open concept great room and dining room". The drawings submitted for Building Permit showed the above noted rooms and a standard declaration was signed stating the information contained on the application is true to the best of his knowledge. The building permit for this development was issued on July 11, 2007 and the building was inspected as an addition to a single family dwelling. All mandatory inspections with the exception of the three final inspections (building occupancy, plumbing occupancy and heating occupancy) were completed. The Occupancy Permit has not been granted for the building since the applicant's agent has later indicated to the Building officials that he intends to use the building as a Daycare, and not as a single family dwelling. REPORT NO.: PSD-122-07 PAGE 3 2.5 On August 1, 2007 Mr. Hendrikx, agent for the applicant, informed the Building Division that this building would be used as a Day Care Centre. Mr. Hendrikx was informed that he will need a "Change of Use" permit or a "building permit" to convert this building from a residential use to a day care centre as per the requirement of the Ontario Building Code. A letter was sent by the Building Division informing him of these permit requirements on August 15, 2007. 2.6 On August 2, 2007, Mr. Hendrikx, on behalf of the applicant, had a meeting with the Planning Department staff. He stated that an extension to the existing residential building is being constructed and he intended to convert the building into a day care facility. At the meeting Mr. Hendrikx was advised that this development required the following approvals: . Zoning By-law Amendment; and . Site Plan Approval. 2.7 On August 3, 2007, Mr. John Hinds submitted applications for a Zoning By-law Amendment and Site Plan Approval to permit the use of a 0.0833 ha site, located at 279 King Avenue East, Newcastle Village, for a day care facility. 2.8 On August 10, 2007, the Municipality sent a letter to Mr. Hendrikx confirming the above requirement with a copy of the Site Plan Control By-law Number 2005-135 to confirm the Municipality's authority to require site plan approval for this type of application. 2.9 The Planning Department informed Mr. Hinds in writing on August 13, 2007 that the application was incomplete and it did not include the required number of copies of site plan drawings. He was advised to submit the required copies of site plan drawings including servicing and grading and landscape drawings in order to review the applications. 2.10 On August 22, 2007 Mr. Hinds provided 20 copies of following drawings: · A Site Plan drawing, floor plans and elevations dated May 21,2007. However, the servicing and landscape plans were not part of the drawings submitted. Mr. Hinds confirmed that the Stormwater drainage, grading and landscape drawings were being prepared and they would be provided as soon as they were available. 2.11 Subsequently on September 5, 2007, the applicant was informed that the Site Plan Application was deemed incomplete and the outstanding items were a landscape plan and the stormwater drainage/service plans. 2.12 The Municipality held a statutory public meeting on October 1, 2007 for this rezoning application and Council recommended referring back this application to the staff for further review and consideration prior to a recommendation report to Council. 2.13 As of the date of this report, the site plan application is incomplete. REPORT NO.: PSD-122-07 PAGE 4. 3.0 PROVINCIAL POLICIES 3.1 Provincial Policv Statement · Promotes efficient development and land use patterns accommodating an appropriate range and mix of residential, employment, commercial, industrial, institutional, recreational and open spaces. · Recreational, tourism and other economic opportunities should be promoted. 3.2 Greenbelt Plan The subject lands are designated as "Settlement Areas outside the Green Belt"and therefore, the policies of the Green Belt Plan are not applicable to this site. 4.0 OFFICIAL PLANS 4.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject lands as "Living' Area". Living areas shall be developed in harmony with surrounding uses and may consist of various uses including group homes, home occupations and convenience stores, certain public and recreational uses which are compatible with their surroundings. Also limited office developments and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, provided that community and local central areas are designated in the area municipal plans, and the functions and characteristics of such Central Areas are not adversely affected, are permitted. The intent of the plan is to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. The proposed use of the subject property, a day care facility, intends to provide a service to the community and conforms to the Regional Official Plan policies. 4.2 Clarinoton Official Plan The Clarington Official Plan designates the land as urban residential and is predominantly used for housing purposes. Other uses such as corner stores, home- based occupation uses, parks, schools, and community facilities may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. Community facilities include day care centres. They are encouraged to locate enabling easy accessibility by the majority of the population and, where possible, to utilize full municipal services. REPORT NO.: PSD-122-07 PAGE 5 Site development criteria for community facilities are: . Sufficient parking and loading areas . Safe and convenient access . High quality landscaping . Visual integration of the facility within the existing or planned surrounding uses . Fencing, screening and buffering from adjacent lands where appropriate and necessary A day care centre is considered a typical use in an urban living area, as a result the proposed use would conform to the Official Plan land use policies. 5.0 ZONING BY-LAW 5.1 Zoning By-law 84-63 zones the subject lands as "R 1 - Residential exception R 1 Zone" and permits a single detached dwelling, home occupation uses (except the retail sale of antiques, art, crafts, or hobby items), and places of worship (subject to the regulations of Section 12.2). A Day Care Facility is not a standard permitted use of this zone and therefore requires an Amendment to the current Zoning By-law. ' 6.0 PUBLIC MEETING 6.1 Prior to the October 1St, 2007 public meeting, three residents who live on the neighbouring properties to the south, provided concerns. One of these residents submitted a letter highlighting the concerns. The key concerns were: . The issues of stormwater drainage within the site and possibility of water coming from the subject property onto their properties, since the subject property slopes towards their properties facing the southwest boundary; . Disturbance due to noise from the children in the daycare and requirement of a noise fence; . Issues due to light trespassing from vehicles and outdoor lighting; . Issues due to the garbage at the back of the subject property; . The extension of the car park closer to the residential property boundaries; . The decrease of land values of their properties due to the change of the use of the subject property. 6.2 Syvan Developments Limited of Newcastle, the landlord of the Summit Montessori School provided a letter supporting this application and mentioned that the above organization is a true asset to Newcastle Village. 6.3 At the public meeting, the owner of the Summit Montessori School spoke in favour of the application. REPORT NO.: PSD-122-07 PAGE 6 6.4 After the public meeting, six residents provided letters supporting this application. 7.0 AGENCY COMMENTS 7.1 The Rezoning and Site Plan applications were circulated to relevant agencies on September 4,2007, and the following comments were provided. 7.2 ClarinQton EnQineerinQ Department . The applicant's engineer will be required to prepare a Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. 7.3 ClarinQton BuildinQ Division · A "Change of Use" permit or a building permit will be required to convert this property from residential to a daycare facility. · Show detail of the proposed ramps, one barrier free parking space and a barrier free path of travel to the main entrance. · Show the location of the hydrant as water will be required for fire fighting per Section 3.2.5.7 of the Ontario Building Code (OBC). · Prior to a building permit being issued the owner must submit approval from the Ministry of Children & Youth Services under the Day Nursery Act. · This building must be located not less than 3 m and not more than 15 m from the access route as required in Section 3.2.5.5 of OBC. 7.4 ClarinQton EmerQencv and Fire Services · No fire concerns found on submitted drawings. · Parking is not permitted on Fire Department property. · A fire alarm system may be required if more than 40 students. 7.5 ClarinQton Accessibility Committee · Installation of gates on all stairways that are off main classroom, providing this is not in violation of code. · Ensure the space entering into the main classroom from the ramp entrance is accommodating to wheelchair access. · One toilet in the main washroom should be at a height to accommodate little persons in wheelchairs. · Ensure doorway into washroom is wheelchair width. · Main floor kitchen work surface should be accessible for either an adult or child in a wheelchair. · Consider moving the ramp to the part of the building near the parking lot. · All parking spaces should have ,low curbs. · Make an accessible entrance into playground from ramp entrance. 7.6 Durham Region Planning Services Department has no objection to the proposal on the condition municipal services are hooked up to the subject property. 7.7 Enbridge Gas Distribution has no objections to this application. REPORT NO.: PSD-122-07 PAGE 7 8.0 STAFF COMMENTS 8.1 The proposed use is permitted under the policies of both the Regional and Clarington Official Plans. As the day care facility is not a standard permitted use within the Residential R-1 Zone, a site specific Zoning By-law Amendment is required for the change of use of this site to a daycare facility. 8.2 The applicant has applied for a site plan approval and it is under review. For the review of these applications, the applicant has been requested to provide the following information: . Site grading and stormwater drainage plan . Landscaping plan 8.3 The applicant will also be required to provide the following information as part of the site plan process: . The proposed noise fence, to be constructed along the rear part of the property boundaries; and . All type of external lights in order to deal with the resident's issues. 8.4 The applicant met with the staff of the Municipality on October 22, 2007 and indicated that the stormwater drainage plan and landscape plan will be provided 'and the noise issues will be dealt with appropriately to the satisfaction of the Municipality. 8.5 With respect to Council's concerns about process, the entire timeline could have been shortened if the applicant had obtained zoning approval as initially recommended in February. Building staff processed the building permit on the basis of the information provided and the sworn declaration. It was only subsequently that they were advised of the owner's intention to use these lands for a day care facility. Only after further discussion with Building and Planning Staff did the owner finally submit the required zoning application. 8.6 The owner will be required to pay all development Charges for a commercial expansion prior to the issuance of a Change of Use or Building Permit. 9.0 CONCLUSIONS 9.1 In consideration of the comments received from the circulated agencies and the public and our planning review of the proposal, it is recommended that the application for Zoning By-law Amendment (ZBA 2007-0027) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from "Residential (R1) Zone" to "Residential Exception (R 1-69)" to permit a day care facility be approved and that the By-law contained in Attachment 2 be PASSED. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment REPORT NO.: PSD-122-07 PAGE 8' List of interested parties to be notified of Council's decision: John Hinds Keith Dundas Ann Marshell Edmond Vanhaverbeke Debbie Macdonell Stephanie Butler Chris Steven W. Arlene Malcolm Mark L. Hendrikx Attachment, 1 To Report PSD-122-07 .::; 0 - 0 to- -.J . CI:I z 1 w :i U) c . ...... Z " z C"') w .5 - r- 0 :i ::r: a. (f) 3^ltlO ~NI>I'v'l 0 " L5 . c( c ::& ...... ~ .c c w wffiffiHE~ 0 0 0 :::> ~ ~ 0 .., i z Cl 0::: N 'L: Cl . CD w ~m~ c(> .3 ~ c mID ~ t 0::: :.: Nc) 0 ~ 5 t z z - e ~ Z a. 3^ltlO tl3V1tl 0 N L , - -&i"':V:' :----=:E"~-.-.-. ". . . .... :.. .', . .' "... ',' " li> <( w w ::::> ~~ ~ ~ C) z 52 \'l ~ '-t osL' "'<It'S .-~ . :'. ---.L I ! (1l...dA")~"'O o II -S €'Z .c>>- ~ ., ~ \ ~ ~ "- :l. Z' ~ ~ z' ',~f t ~ :r ~ .. .' . ~ ~ I Z ~ ~ "- ! " ~~ ~ ~! ;; . , :\ 'I j. .~ z ..J .:3 Attachment 2 To Report PSD-122-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with application ZBA 2007-0037 to permit a day care facility as a permitted use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4"- Special Exceptions -Urban Residential Type one (R1) zone" is hereby amended by introducing a new sub-section 12.4.69 as follows: "12.4.69 URBAN RESIDENTIAL EXCEPTION (R1-69) ZONE Notwithstanding Section 3.13, 3.16(d), 3.17 (a) and 12.2(a), (e) and (d) those lands zoned R1- 69 on the Schedules to this By-law shall only be used for a Day Care facility subject to the following zone regulations: c) d) e) f) Lot Area (maximum) Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Rear Yard Total Floor Area (maximum) Parking Aisle width for two-way traffic (minimum) Number of Loading Spaces (minimum) Planting Strip Requirement , 835 sq'.m 2.5m 2.0m 12.5 m 180 sq.m 5.7m None None" a) b) 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban (A-1) Zone", to "Urban Residential Exception (R1-69) Zone" as illustrated on the attached Schedule "N hereto. 3. Schedule "AU attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2007- , passed this day of . 2007 A.D. KING AVENUE EAST II _: '/I -7" J ~ Zoning Change From IR_1" To IR1-69" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk ~- ~ r~~ ~m~. rWJl~ Q.....~ , ST. E., I I Newcastle UNFINISHED BUSINESS Clw:.mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: October 29, 2007 Resolution #: Report #: COD-050-07 File #: By-law #: Subject: Addendum to Report COD-050-07 Recommendations: 2. THAT the recommendations outlined in the Addendum to Report COD-050-07 be approved; 3 THAT the verbal report by Gerry Shoalts, Architect, be received; 4. THAT the tender bids received for Tender CL2007-42 be rejected; 5. THAT Council formally confirm the revised Capital Budget Amount of $3,450,047.00 6. THAT Council provide direction in the re-issuing of the tender, to design the Newcastle Library as either a a) LEED Certified building; or, b) A green building 7. THAT Council authorize the Newcastle Library Building Committee to re-scope the Newcastle Library based on Recommendation #4; and to re-issue the tender in early 2008 to the same seven pre-qualified general contractors; 8. THAT the previously awarded consultant's contract with Shoalts Zaback Architects Ltd, Kingston, Ontario, be amended to include the additional design fees of $37,500.00; and, 9. THAT the previously awarded consultants contract with Shoalts Zaback Architects Ltd, Kingston, Ontario also be amended to include $68,000.00 for LEED design by sub-consultants' work; plus an amount of $60,000.00 for the LEED Application and Registration, Energy Modelling and Commissioning, including work undertaken to date, without impact to the project budget; and, 10. THAT the attached By-law marked Appendix "A" authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd. and the Municipality of Clarington be approved. Submitted by: Reviewed bQ ~ C.sr... ranklin Wu Chief Administrative Officer rie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM/EH/JB/BT Igj Attachments: Attachment #1 - Report COD-050-07 Attachment #2 - Report COD-027 -07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: Addendum to COD-050-07 PAGE 3 1.0 BACKGROUND 1.1 At the September 24, 2007 Council Meeting, The Newcastle Library Building Committee brought forward report #COD-050-07 (Attachment #1) with several recommendations related to the Newcastle Library Capita I Project. The recommendations in report COD-050-07 have been included with some amendments into this addendum report. The Architect, Gerry Shoalts is in attendance to provide some background to Council regarding the details of the market conditions which contributed to the escalated bid prices to the budget. 1.2 At that meeting, Council expressed a number of concerns regarding the tender prices and directed the Newcastle Library Building Committee to report back directly to CourJcil with a more detailed explanation as to why the prices were higher than the Consultant's estimates. 2.0 TENDER PRICING 2.1 The Building Committee has met with the Consultant to review to Council's concerns. The tender documents were all-inclusive for the construction of the Newcastle Branch Library. The primary causes of the tenders being in excess of the construction budget were the extremely unusual market conditions. The architect hired an independent cost consultant (M. J. Brennan & Associates, Kingston, ON) to provide construction estimates for the project. This firm is familiar with costing within the GT A area and provided estimates for each construction division within the scope of the Library. 2.2 Some of the pre-qualified bidders advised the Municipality they were experiencing difficulty in obtaining quotes from their suppliers. Of the seven pre- qualified bidders, 2 submitted their bids on time, 1 was late submitting their bid, 1 was delayed by traffic, 1 could not obtain bids in all divisions, and 2 withdrew earlier in the process due to commitments to other projects. The Municipality only deals with the General Contractor and therefore generally does not have access to their actual bid numbers of the sub-trades. With the lowest bidder, the following areas were over projections; steel (48% over), painting (136% over), drywall (112% over), floor finishes (89% over), windows and doors (26% over) as well as masonry (33%). The combined net impact of these items to the budget is $376,894.00. 2.3 In addition to reviewing the tender price components with the Consultant, the Building Committee conducted preliminary exploration with the lowest bidder to determine the feasibility of reducing the tender price. While the lowest bidder was prepared to review his tender pricing, he was not sure that he could establish sufficient reductions without other changes to the design. This caused concern as we could only negotiate up to 15% of the contract value. The tender document for this project states if the changes contemplated are in excess of 15% the bid documents may be amended and invitations to re-bid would be issued. After explorations with the lowest qualified bidder, the Newcastle Library Building Committee determined that in all likelihood, we would not reach 15% REPORT NO.: Addendum to COD-050-07 PAGE 4 through efficiencies. Therefore structural changes would be required. Those structural changes would significantly change the building design and would therefore be greater than the permitted 15% amount. 2.4 The Purchasing Manager requested an opinion from the Town Solicitor in which we were advised the compliant tenders could be rejected by the Municipality provided this was done so prior to any negotiations with the lowest compliant bidder. In doing so, the Municipality may then re-scope the work and invite the pre-qualified contractors to submit bids in response to revised tender documents as recommended in Report # COD-050-07. 2.5 The Purchasing Manager also requested an opinion from the Town Solicitor in regards to the terms of the tender and to re-issue the Tender documents to the pre-contractors. The tender document states the tender can be re-issued to the three (3) qualified low bidders. As there were only two (2) qualified low bidders the Town Solicitor advises the Municipality may re-scope the work and invite the pre-qualified contractors to submit bids in response to revised tender documents as recommended in Report COD-050-07. 3.0 CAPITAL BUDGET AMOUNT 3.1 As advised in COD Report #COD-050-07, the 2006 Capital budget provided funds in the amount of $2,788,604.00. This amount was based on construction costs of the day and was comparable to other projects at that time. The original 2006 Capital Budget did not include the scope of work for a LEED Certified Building ($359,000.00) nor did it take the remedy for poor site conditions into " consideration ($100,000.00). In addition, construction costs for labour and materials have escalated substantially by approximately $202,443.00 and revisions to the budget were reviewed at the October 2006 Building Committee meeting. At that meeting these items were reviewed and budget adjustments were recommended in the additional amount of $661,443.00 as referenced in Report COD-027 -07 (Attachment #2) reviewed by Council on June 25, 2007. Confirmation of this budget amount is required at this time. 4.0 IMPACT OF LEED 4.1 The overall impact of LEED (Leadership in Energy and Environmental Design) to this project is estimated at $359,000.00. This amount consists of a differential in building components ($231,000.00), LEED registration, modeling, commissioning and point verification ($60,000.00) as well as additional design fees ($68,000.00) 4.2 The amount of $231,000.00 for differential building costs is the difference between standard construction and LEED design. This amount includes the following items: · Storm Water Management (Quantity and Quality Control) $ 50,000.00 · Mechanical Systems $ 75,000.00 · Electrical Systems $ 36,000.00 · Architectural Components (Roofing, Windows, REPORT NO.: Addendum to COD-050-07 PAGE 5 Building Envelope, Insulation, Green Materials & Finishes) . Contractor Administration (Additional Contractor Expenses) $ 60,000.00 $ 10,000.00 4.3 As indicated, the LEED application process requires the Architect to design the building and its infrastructure to comply with criteria established by the Canada Green building Council. In order for the application to qualify, the Architect must prepare energy models, design the building to certain specifications; and, ultimately prove the building is functioning as designed. A number of these steps have already been undertaken to create the building specifications. The overall cost for these steps is in the $60,000.00 range. 4.4 The final component to the LEED program is the additional design fees of $68,000.00 for sub-consultants work for the inclusion of the LEED program. As indicated, when hired, LEED was not included in the original Architects RFP. Since that time, the Building Committee determined LEED was a desirable program to embrace in the interest of conservation and sustainable buildings. As such, the Architect and sub-consultants undertook additional time and material to develop a LEED program for this building and these fees are in addition to the original Architect's contract. 5.0 LEED VS. GREEN BUILDING 5.1 The Newcastle Library Building Committee is seeking direction from Council regarding construction of a LEED Certified Building; or to design a green building. For several reasons, LEED is a very desirable concept in building construction, sustainability; and for the community as identified in the Corporate '. Business Plan developing a Green Community Strategy. 5.2 However, the Architect has indicated the Newcastle Library could be constructed as a green building, adhering to the principals of LEED, but without the Certification. By doing so, approximately $50,000 to $60,000 would be saved in modeling, testing, commissioning and verification costs. 5.3 As such, the Building Committee requests Council direction in this regard. If Council desires a LEED Certified project, additional design changes will be taken into consideration. If a green building is acceptable, the savings from not proceeding with the testing, commissioning and verification could be applied to the construction budget. 6.0 PROCEDURES TO RE-TENDERING IN EARLY 2008 6.1 The Architect feels that with competitive bidding, the tender prices will more reflect the construction budget amount. 6.2 In addition, re-tendering at this time is beneficial as contractors will be bidding for work in the spring; and, all seven pre-qualified bidders are expected to submit competitive bids. The Architect is proposing to make optional changes to the REPORT NO.: Addendum to COD-050-07 PAGE 6 construction materials and methods without compromising quality, bearing in mind that some material costs may escalate by the time we re-tender. These optional changes will be reviewed by the Building Committee for selection and approval. 6.3 Significant components such as the pitched roof over the main library space and clay brick, which is comparable to surrounding structures, will be retained. 7.0 ADDITIONAL CONSULTANTS FEES 7.1 The consultant has reviewed the additional fees associated with the increased redesign of the building. As indicated in Report COD-050-07, the consultant estimated an amount $75,000.00, however, the consultant has advised his fee will be $37,500.00 and he will absorb any additional costs in excess of this amount. 8.0 FINANCIAL IMPACT 8.1 The Director of Finance has reviewed the options described for a LEED Certified Building and a green building. The Director of Finance confirms the proposal for a green building continues to meet the intent of the funding from the Municipal Government Enterprise Reserve Fund. 8.2 All other funding sources identified in Report COD-050-07 remain as recommended by the Director of Finance. 9.0 CONCLUSION 9.1 The Building Committee will report back to Council for approval when the project has been re-tendered. Attach.# 1 to Addendum COD50-Q7 ClfJ!illglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: September 24, 2007 Resolution #: Report #: COD-050-07 File #: By-law #: Subject: Tender CL2007-42 - Newcastle Library Capital Project Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report COD-050-07 be received; 2. THAT the Tender Bids received for Tender CL2007-42 be rejected; 3. THAT Council formally confirm the revised Capital Budget Amount of $3,450,047.00 4. THAT Council authorize the Newcastle Library Building Committee to re-scope the Newcastle Library project and to re-issue the tender to the same pre-qualified general contractors early 2008. 5. THAT the previously awarded consultant's contract with Shoalts Zaback Architects Ltd, Kingston, Ontario; be amended to reflect the additional design to an maximum amount of $75,000.00; and, to include LEED design work in the amount of $68,000.00 plus $60,000.00 for the LEED Application, Energy Modelling and Commissioning without impact to the project budget; and, 6. THAT the attached By-law marked Appendix "A" authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd and the Municipality be approved. Submitted by:aJ.Jj6---" Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services r-~ , ^- .. /J n .---P \7 ~JV~/ --=.; L^'-J ~ f' Nancy Taylor, B.B.A., C.A., ? 'Director of FinancefTreasurer MM/JB/EH/BT/gj ~ ~JY_~ Reviewed b~..J . 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)623-5506 REPORT NO.: COD-050-07 PAGE 3 1.0 BACKGROUND 1.1 In February, the Municipality advertised for; and, pre-qualified seven contractors to submit bids. Since that time, two firms had advised they were unable to bid due to other commitments. 1.2 Tender CL2007 -42 for the construction for the Newcastle Branch Library was advertised and issued to pre-qualified contractors with bids being received on September 6, 2007; as per Schedule "A". 1.3 At the bid opening, only three submissions were received. Two of the bids were submitted on time; with one bid being rejected as it was submitted late. 1.4 As noted on Schedule "A", the two qualified bids were in excess of the funds allocated to the construction budget amount $2,648,895.00 2.0 BIDS ANALYSIS 2.1 As indicated, the two qualified bids that were received are in excess of the construction budget. Following the opening, the Consultant contacted the remaining pre-qualified bidders to determine why bids were not received. They both indicated they were experiencing difficulties in obtaining quotes for materials and one indicated that he missed the closing deadline due to timing and heavy traffic. 2.2 Other contributing factors to the high bid amounts were costs related to addressing the soils conditions, increased construction costs since establishing the original construction budget; and, unexpected costs related to certain materials required for the project. Steel, drywall, painting and floor finishes were well in excess of estimates prepared by the Consultant during the pre- construction cost analysis. 2.3 While the Municipality reserves the right to negotiate with the lowest bidder; given the projected scope of changes, it was determined this would not be a prudent course of action in this case as we would not expect to generate the required reductions. 2.4 The Newcastle Library Building Committee is aware of the financial concerns within the Municipality as outlined by the Director of Finance; and, for this reason, recommend that Council reject both bids; and, authorize the Building Committee work with the Consultant to re-scope the project in order to bring it in-line with the financial resources allocated to the project. 2.5 The Building Committee is recommending the tender be re-issued in early 2008; and that the same seven pre-qualified contractors be given the opportunity to bid on the revised project. REPORT NO.: COD-050-07 PAGE 4 3.0 SCOPE OF WORK 3.1 In order to bring the project in-line with the financial resources, the Building Committee has reviewed a number of options. The Committee recommends re- scoping the project design through a number of changes to 'the building components. In order to do so, the Consultant will re-design the building with staged reductions, possibly including a reduced floor space and changing to a flat roof. 3.2 In consideration of the above, these adjustments will allow us to re-tender the project in early 2008 for construction. 4.0 DESIGN 4.1 In order to achieve the desired results, the Consultant will re-scope the project design within the financial resources. This will require a significant amount of work by the Consultant including redesign and revisions and to re-issue the tender documents tender drawings. Accordingly, the Building Committee is recommending the Consultant's contract be amended to reflect this' increased scope of work to an up set limit amount of $75,000.00 to be drawn from the existing project account # 110-42-440-85510-7401. 4.2 At the award of the Consultant's Contract to Shoalts Zaback Architects Ltd, the Municipal Building Committee had not included the LEED (Leadership in Energy and Environmental Design) green building program. Through the design concepts prepared by Shoalts Zaback Architects, it was determined by the Committee; and, presented to Council in December 2006; the Newcastle Branch Library would qualify as a LEED Certified Building, demonstrating the Municipality's commitment to conservation and sustainable buildings. 4.3 The initial consultant's contract did not include fees for the additional scope of work for LEED development; nor did it include fees for the sub-consultants working with Shoalts Zaback Architects for the preparation of LEED design work and tender documents as required by the Canada Green Building Council for approval. 4.4 The revised project budget presented at an October 2006 Building Committee meeting at which a number of both the Library Board and Council members were present. At that meeting the Consultant identified the necessary funds for the LEED application should the Building Committee determine the LEED process was viable. The budget includes $60,000.00 for LEED application process, energy modelling and commissioning, $68,000.00 for the Consultant and their sub-consultants for the design phase, construction and specifications documents as well as construction administration. 4.5 The Engineering Department is also recommending future project work for the proposed Newcastle Memorial Park Soccer Field be included within the scope of REPORT NO.: COD-050-07 PAGE 5 this work however to be funded from a separate account to be approved during the 2008 Capital Budget deliberations. 5.0 PROJECT BUDGET 5.1 At the referenced October 2006 Building Committee meeting, the project budget was reviewed. The 2006 Capital budget provided funds in the amount of $2,788,604.00. At Library Board meeting, a number of items were reviewed and budget adjustments were recommended in the additional amount of $661,443.00 based on a number funding sources suggested by the Director of Finance bringing the total project amount to $3,450,047.00. This was referenced in Report COD-027-07 approved by Council June 25,2007. 5.2 As the Building Committee had recommended construction of a LEED Certified Building, funding from the Municipal Government Enterprise Reserve Fund would be allocated to the capital cost difference in the amount of $285,000.00. 5.3 The Library Development Charges financing was also adjusted to reflect future capacity requirements in the additional amount of $178,810.43. This is in addition to the original budgeted amount of $1,405,456 and will result in an estimated debenture of $1,584,266.43 once the tender is awarded. This is determined based on the non-replacement square footage cost share at the mandatory 90% eligibility for development charges funding. However, this is substantially in excess of the original amount determined in the 2005 " development charges background study of $1,210,500. There is no opportunity to increase this amount further as there will be a shortfall in the Library Development Charges Reserve Funds in the foreseeable future. Some provision for this was incorporated in the 2007 budget. This will limit future library growth related projects' until such time as the future Development Charges growth reflects this capacity. 5.4 Additional funds were also identified from the Capital Works Reserve Fund in the amount of $98,816.29 and the General Municipal Reserve Fund in the same amount of $98,816.29 in addition to the original budget amount for the non- growth share at 10% and the replacement square footage at the existing Newcastle Branch Library that cannot be attributed to future growth. 5.5 The Director of Finance concurs with these recommendations and funding sources. However, as noted, there is no opportunity to increase this amount further from a development charges perspective. REPORT NO.: COD-050-07 PAGE 6 6.0 CONCLUSION 6.1 The Building Committee will report back to Council for approval when the project has been re-tendered. REPORT NO.: COD-050-07 PAGE 7 Leading the Way Municipality of Clarington Schedule "A" Bid Summary TENDER CL2007-42 GENERAL CONTRACTOR FOR THE CONSTRUCTION OF THE NEWCASTLE BRANCH LIBRARY Bidder Bid Amount (Excluding GST) Aecon No Bid Garritano Bros. Ltd. Bid Rejected Gerr Construction Ltd. $ 3,025,000.00 J. J. McGuire Ltd., No Bid Mitren No Bid Pre-Eng Contracting Ltd. $3,310,000.00 Strut-Con Constructions Ltd. No Bid *GST Extra REPORT NO.: COD-050-07 PAGE 8 Appendix "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an amendment to the contract between Shoalts Zaback Architects Limited, Kingston ,Ontario, and said Corporation; and, 2. THAT the amended contract attached hereto as Schedule "A" form part of this By-Law BY-LAW read a first and second time this 24th day of September 2007 24th day of September 2007 BY-LAW read a third time and finally passed this Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attach.#2 to Addendum COD50-07 ClCJ!.pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: June 18, 2007 Resolution ~ fJA.. '11/5 -lJ7 Report #: COD-027 -07 File #: By-law #: Subject: Update - Newcastle Library Capital Project Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-027 -07 be received for information. Submitted by: Ie arano, H,B.Sc., C.M.O. Director of Corporate Serv'ces /// O '. . /" (. CJ~ '- .R....9 Reviewed by: ~ Franklin Wu Chief Administrative Officer MM/EH/BT/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-027-07 PAGE 2 1.0 BACKGROUND 1.1 Report COD-027 -07 is prepared to provide Council with an update for the Newcastle Library capital construction project. In December 2006, Council was provided concept and schematic illustrations of the proposed 9,100 square foot Newcastle Library facility. Included in those discussions was the introduction of a LEED (Leadership in Energy and Environmental Design) Green building. This would be the first LEED Certified building to be constructed by the Municipality, demonstrating the Municipality's commitment to conservation and sustainable buildings. Since that date, the Building Committee in conjunction with the Architect have worked to achieve these goals and to remain within the revised budget of $3,450,047 as presented to a joint meeting of the Library Board and Councillors October 2, 2006. 1.2 In preparation for the final design, it is a standard practice for the Architect to undertake a Geotechnical (Soils) Investigation of the site. The final report received by the Architect indicated that the soils in this area were deficient and that design alternatives must be taken into consideration for the development of the final construction specifications. The architect and sub-consultants have developed suitable specifications to enable us to continue with the project at this site. During discussions with the soils engineer, he has advised this problem exists within certain geographical areas of Newcastle. 1.3 The development of these revised specifications has caused a delay in the preparation of the overall building specifications. This was necessary to ensure the final design documents address these concerns in order that the selected general contractor will have all required information for the construction of the facility, limiting possibilities of additional construction charges once the specifications are issued and construction has commenced. 1.4 This report will provide specific updates related to the LEED application, geotechnical investigations and revised milestone dates for Council's information. 2.0 LEED Application 2.1 The Architect is in the process of developing a LEED program submission for this project. All LEED applications are submitted to the Canada Green Building Council for approval. The LEED program is a point-based process, with certain prerequisites for qualification. The points are assigned in six areas; · Sustainable Sites . Water Efficiency · Energy and Atmosphere · Materials and Resources · Indoor Environmental Quality · Innovation and Design Process REPORT NO.: COD-027-07 PAGE 3 2.2 There are four (4) classifications of LEED Buildings: . Certified . Silver . Gold . Platinum Based on the size of this project, point limitations and budget, the Municipality will be submitting an application for a LEED Certified project. The expenses related to the LEED application and additional work for the architect and consultants are included in the revised budget. 3.0 Geotechnicallnvestiaation 3.1 Prior to the development of final drawings, a Geotechnical Investigation is undertaken to ensure the selected site location will physically support the building. In this case, the investigation by a qualified soils engineer indicated the existing site soils were not suitable for normal construction utilizing standard excavation methods and construction of supporting footings. The soils were identified as soft clay. Normally, with suitable soils, the contractor would excavate a trench and construct footings to support the building. In this case, due to the soft clay soils, there are several alternatives such as driven piles, augered caissons, or surcharging the site. Any of these three alternatives would support a building of this size. 3.2 The soils engineer has proposed a process of surcharging the site. This method is the least expensive and calls for the excavation of the 9,100 square foot building footprint to the desired depth and dumping granular fill within the footprint and letting it stand for a period of 4 to 6 weeks. The weight of this fill would cause the site to settle in advance of the construction. This method has also been reviewed by the Architect's engineers and they are in agreement with the process. 3.3 The estimated additional cost to alleviate the unanticipated poor soil condition is $150,000.00. The Building Committee is bringing this matter to Council's attention at this time. Once the Municipality receives the construction bids, the Building Committee will be in a position to make the appropriate recommendation to Council. In the interim, the Architect has made several revisions to the plans to reduce overall costs in an effort to absorb these additional costs within the revised budget and project contingency. REPORT NO.: COD-027-07 PAGE 4 4.0 Revised Milestone Dates 4.1 As mentioned, the project schedule has been delayed as the Architect, Soils Engineer and the Architects project engineers developed a suitable process for the establishment of an affordable building support system (including time required for the surcharging). The Architect advises the following milestone dates for the balance of the project: Completed Construction Drawings and Tender Documents July 05, 2007 Tender Submissions from Contractors August02,2007 Report to General Purpose and Administration Committee September 04, 2007 Ground Breaking Ceremony Construction Week of September 24, 2007 October 2007 Total Performance Library Opening August 2008 October 2008 5.0 COMMENTS 5.1 Construction Contractors were pre-qualified by the Committee in March 2007. Accordingly, the pre-qualified contractors are aware of the project delay and will be notified of the revised milestone dates. Based on the above dates, the Building Committee expects to receive Tender Documents in August 2007 and will strive to work within the project budget. A report recommending a General Contractor will be submitted to the General Purpose and Administration Committee on September 04,2007. SUMMARY OF BY-LAWS October 29, 2007 BY-LAWS 2007-196 Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library (Item 1 of Unfinished Business) 2007 -205 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Prestonvale Land Corporation And Paul Lysyk Family Trust) (Item 2 of Report #1 ) 2007 -206 Being a By-law to authorize entering into an agreement with the Owners of draft plan S-C-2007 -0003, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007 -0003 (Item 2 of Report #1) 2007 -207 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of Report #1 ) 2007 -208 Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein (Item 6 of Report #1 ) 2007 -209 Being a By-law to repeal By-Law #96-50 and Being a by-law to authorize the establishment of an Optional Pre-Authorized Payment Plan for Taxes and an Employee Payroll Deduction for Tax Payments (Item 7 of Report #1) 2007-210 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1713535 Ontario Inc. - John Hinds) (Report #2) HANDOUTS/CIRCULA TIONS FOR COUNCIL c:: o ..... 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