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HomeMy WebLinkAbout11/12/2007 ~J.~iJJ.gton DATE: MONDAY, NOVEMBER 12,2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETINGS Minutes of a special meeting of Council held October 29, 2007 Minutes of a regular meeting of Council held October 29, 2007 PRESENTATION a) Leah Myers, President, Durham College - Strategic Plan for Durham College DELEGATIONS a) Thorsten Kosek - Proposed Amendment to the Clarington Official Plan & Draft Brookhill Secondary Plan and Urban Design Guidelines (Item 4 of Report # 1) b) Mark Hendrikx - Compliance Audit Results - John Mutton (Report #2) c) James Horn - Compliance Audit - John Mutton (Report #2) d) Libby Racansky - Link Between Clean Air, Water, Soil and Loss of Wildlife Habitat e) Louis Bertrand - Energy-From-Waste CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - November 12, 2007 COMMUNICATIONS Receive for Information I - 1 Minutes of the Orono Arena and Community Centre Board dated October 9,2007. (Copy attached) I - 2 Minutes of Clarington Living Green Community Advisory Committee dated October 2,2007. (Copy attached) I - 3 Minutes of the Newcastle Community Hall Board dated September 18, 2007. (Copy attached) I - 4 Minutes of the Clarington Heritage Committee dated October 16, 2007. (Copy attached) 1-5 Kristin McKinnon-Rutherford - Town of Ajax's Concerns Regarding Energy-From-Waste 1-6 Martin de Rond, Director of Legislative & Information ServiceslTown Clerk, Town of Ajax - Durham-York Residual Waste Study Environmental Assessment 1-7 Mary Tillcock, Run Day Organizer, The Terry Fox Run for Cancer Research - Letter of Appreciation 1-8 Louise Levert, Commission Operations Officer, Canadian Nuclear Safety Commission - Record of Proceedings - Application for an Operating Licence for Ontario Power Generation Inc.'s Darlington Waste Management facility I - 9 Betty Robinson - Opposition to Proposed Incinerator I - 10 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation - Low Lake Levels on Lake Scugog 1-11 Suzanne Tigwell, Executive Director, Resources for Exceptional Children - Durham Region - 2006/07 Annual Report 1-12 Kathy Stranks, Manager, Chair and CAO's Office, Toronto and Region Source Protection Authority (TRSPA) - Membership on the CTC Source Protection Committee I - 13 John O'Toole, MPP, Durham - Eligibility of Funding for The Clarington Older Adult Association/Clarington Beech Centre Council Agenda - 3 - November 12, 2007 1-14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Agricultural Advisory Committee 2007 Farm Tour 1-15 P. M. Madill, Regional Clerk, Regional Municipality of Durham- Quarterly Report on Planning Activities 1-16 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Regional Appeal of a Municipality of Clarington Committee of Adjustment Decision on Newcastle Trailer Park I - 17 C. R. Curtis, Commissioner of Works, Regional Municipality of Durham - Advantages of the Municipality Being a Willing Host for an EFW Facility . I - 18 Linda J. Keen, Canadian Nuclear Safety Commission - Changes to the Organization Structure of the Canadian Nuclear Safety Commission I - 19 Emma Docherty, Transportation & Environmental Planner, Totten Sims Hubicki - Technically Recommended Route for the 407 East Environmental Assessment (EA) Receive for Direction D - 1 Linda J. Laliberte, CGACAO/Secretary-Treasurer, Ganaraska Conservation - 2008 Preliminary Budget D - 2 Cheri Smith, Manager, Resource Development, Community Living Oshawa/Clarington - The Clarington Project - Annual Gala D - 3 John Mutton - Request for Payment of Legal Fees MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of November 5, 2007 2. Report CLD-038-07 - Compliance Audit - John Mutton 3. Report COD-057 -07 - CL2007 -39, One (1) 100 Ft. Aerial/Pumper Vehicle Council Agenda - 4 - UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT November 12, 2007 ap Special Council Meeting Minutes OCTOBER 29, 2007 Minutes of a special meeting of Council held on October 29,2007, at 4:30 p.m., in the Library Mezzanine Meeting Room. 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 Chief Administrative Officer, F. Wu Internal Auditor, L. Barta Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid Director of Corporate Services, M. Marano Director of FinancefTreasurer, N. Taylor Director of Emergency Services, G. Weir Municipal Clerk, P. Barrie PricewaterhouseCoopers LLP, M. Dobner attended the meeting until 5:10 p.m. PricewaterhouseCoopers LLP, C. McCleave attended the meeting until 5:10 p.m. . Resolution #C-547 -07 Moved by Councillor Trim, seconded by Councillor Woo THAT the meeting be closed for the purpose of considering a legal matter. CARRIED Council Meeting Minutes - 2- OCTOBER 5, 2007 CONFIRMING BY-LAW Resolution #C-548.,.07 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2007-204 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 29th day of October, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-549-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the third and final reading of By-law 2007-204 be approved. "CARRIED" ADJOURNMENT Resolution #C-550-07 Moved by Councillor Woo, seconded by Councillor Novak THAT the meeting adjourn at 6:44 p.m. "CARRIED" MAYOR MUNICIPAL CLERK q~n Council Meeting Minutes October 29, 2007 Minutes of a regular meeting of Council held on October 29,2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster ,Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Engineering, T. Cannella Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, (attended until 7:30 p.m.) Director of Planning Services, D. Crome Manager of Support Services, L. Del Grande Solicitor, D. Hefferon Library Director, E. Hopkins Director of Operations, F. Horvath Director of Corporate Services, M. Marano Corporate Safety and Project Manager, B. Taylor Director of Finance/Treasurer, N. Taylor Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to the delegation of Bill Stockwell and Item 1 (c) of Report #1. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 1 of Unfinished Business and By-law 2007-196. Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegations of Richard Ward and John Hinds, Report #2 and By-law 2007-210. Council Meeting Minutes - 2- October 29,2007 Resolution #C-551-07 Moved by Councillor Novak, seconded by Councillor Woo THAT John Hinds be added to the list of delegations. "CARRIED" MINUTES Resolution #C-552-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on October 15, 2007, be approved. "CARRIED" PRESENTATIONS Councillor Trim chaired this portion of the meeting. Mayor Abernethy addressed Council to present the results of the Waste Reduction Challenge involving the eight area municipalities during the month of October, 2006. Mayor Abernethy indicated Clarington placed sixth in the standings diverting 47% of total curbside collections through blue box, green bin, and leaf and yard waste collection programs and presented a cheque in the amount of $100 to the Director of Finance/Treasurer. Mayor Abernethy also conducted a 'PowerPoint presentation highlighting the waste strategy for England in 2007, demonstrating evidence to support countries with very high rates of recycling and energy from waste are able to co-exist. The Mayor resumed the Chair. Murray Paterson, Member, Newcastle Lions Club addressed Council to introduce Terry Graham, Past Director, International Association of Lions Clubs. Mr. Paterson stated Lions International is the largest service club in the world with 1.3 million men and women in 200 countries working together to respond to the needs and challenges of communities around the globe. Mr. Paterson noted Terry Graham, Member of the Newcastle Lions Club, was elected to serve a two-year term as Director on the International Association as one of 34 Directors, and the only member representing Canada. Mr. Paterson stated Newcastle Lions Club is very proud of the accomplishments of Mr. Graham, who has received numerous awards for his efforts, and thanked Council for recognizing him. Council Meeting Minutes - 3 - October 29, 2007 Mayor Abernethy presented Terry Graham with a framed certificate in recognition of his years of service to the Community as an individual and as a member of the Newcastle Lions Club and as a Director on the International Association. Michael Patrick, Clarington Board of Trade, addressed Council to provide an update on the activities and successes of the Clarington Physician Recruitment Committee. Through use of a PowerPoint presentation, Mr. Patrick highlighted recruitment activity since April 2007, noting four new doctors have been recruited; however, the community has since lost three physicians to retirement and relocation. Mr. Patrick reviewed the Ministry of Health re-designation figures noting the municipality still has a deficit of 13 doctors and there are currently over 17,000 people in the municipality who do not have a family physician. Mr. Patrick advised competition to attract physicians is fierce and at the recent PAIRO annual job fair event attended by 249 medical students, only 127 listed "family practice" as their preferred career. Mr. Patrick stated on November 10, 2007, the Committee will be hosting "Practicing in Clarington 101", a one-day event bringing Resident doctors and their families to Clarington to experience the Clarington "lifestyle". In summary, Mr. Patrick noted there are 103 candidates on their contact list that have expressed a genuine interest in Clarington and the Committee is hopeful that seven dbctors will chose to relocate to Clarington in the near future. Mr. Patrick introduced Sheila Hall and Karen Fedato, Members of the Physician Recruitment Committee who were in attendance. Gerry Shoalts, Shoalts Zaback Architects Ltd. and Mike Brennan, Michael J. Brennan Enterprises, Cost Consultant, addressed Council concerning Item 1 of Unfinished Business - Addendum to Report COD-050-07 - Tender CL2007-42 - Newcastle Library Capital Project. Through use of a PowerPoint presentation, Gerry Shoalts responded to details respecting the increase in the project budget, reasons why tenders received were over budget, the differences between a LEED and Green Building, and the requirement for additional consulting fees. Mike Brennan provided an analysis of the bids vs. the budget overages. He stated the lack of subcontractor prices received was a significant factor in the low bid being over budget. Mr. Shoalts reviewed options for moving forward including negotiations with the low bidder vs. re-scoping and re-tendering the project. Mr. Shoalts stated in consultation with the Building Committee, it was agreed that the only viable option would be to make some changes to the project scope and to re-tender the project in early Spring 2008. He noted it was expected the project would be tendered within the construction budget. In response to a question concerning the timing to issue the tender, Mr. Shoalts advised that historically the Spring is the preferred time to tender a project as it is a more competitive period. He noted if the project is tendered in February, the project could be completed by April or May of 2009, with an opening anticipated for early summer of 2009. Council Meeting Minutes -4- October 29,2007 In response to a question concerning accessibility, Mr. Shoalts stated that all accessible features will remain in the project. DELEGATIONS Councillor Hooper stated a pecuniary interest with respect to the delegation of Bill Stockwell as his parents are residents of Wilmot Creek. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Bill Stockwell addressed Council concerning Item 1 (c) of Report #1 - Waterfront Trail- Wilmot Creek Life Style Community advising on July 30,2007, he appeared before Council to request the issue of the proposed route of the Waterfront Trail through the Wilmot Creek Community to be referred back to staff for further review. Mr. Stockwell provided a chronology of events dating back to the 1990's when the waterfront trail was introduced, noting at that time both Ridge Pine Park, the landowner, and the homeowners were opposed to the construction of the trail as it compromised the gated community. Mr. Stockwell also referenced Wilmot Creek Homeowners Association's monthly newsletters in which there was no me'rition of construction of the Waterfront Trail. He noted, in spite of concerns expressed by the homeowners, a license agreement was executed to provide for use of the hydro corridor within Wilmot Creek for the Waterfront Trail and in June, 2007 construction of the waterfront trail began. Resolution #C-553-07 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. Stockwell stated the homeowners are not asking to have the alignment of the trail moved but are requesting a fence to separate the trail from the back of their homes. They are also not trying to lay blame for any lack of communication; however, a number of the residents feel vulnerable to break-ins and feel let down by their elected officials. Mr. Stockwell noted the staff report recommends denying the request for the fence and he feels their comments are a complete disregard for the lifestyle of the community and urged Council to refer the matter back to staff to permit the Regional and Local Councillors to meet with Ridge Pine Park and Capri Partnership Limited to resolve the matter. In response to a question, Mr. Stockwell stated the concerns were initially expressed from residents whose homes back onto the trail; however, people throughout the park are paying to live in a gated community and are concerned about security. Council Meeting Minutes - 5 - October 29,2007 Mayor Abernethy stated a pecuniary interest with respect to the. 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 matt~r. Councillor Trim chaired this portion of the meeting. Richard Ward addressed Council concerning Council's lack of direction respecting his previous delegations on a number of issues over the years. Mr. Ward expressed concern that in 1996, he requested a zoning by-law amendment for a commercial designation on his property noting others who supported political campaigns were granted their designations, while he was refused without any response. Mr. Ward noted he was disqualified from running in a previous election and is requesting an explanation of how the disqualification for candidacy was manifested and implemented and why a by-law was passed banning him from municipal premises. Mr. Ward feels he is a victim of the political environment and requested an open dialogue to resolve unclear issues and get a response to his concerns. In response to a question, Mr. Ward stated he submitted his request for rezoning verbally and in writing and feels there is no solid explanation as to why it was denied. The Mayor resumed the Chair. Libby Racansky addressed Council concerning Item 5 of Report #1 - Courtice Heights North Subdivision. Ms. Racansky feels residents are not being informed about development being proposed or undertaken in Courtice and that no one is accepting responsibility for planning issues. Ms. Racansky noted in Report PSD-112-06, Council endorsed a review of the Hancock Neighbourhood noting the retaining pond was one of the issues of concern for residents. She questioned why the northern subdivision could not use the pond that would be built for the Black Creek west of Courtice and why the pond for the central subdivision could not be located immediately below the development. Ms. Racanskyquestioned why additional trees/wetlands needed to be removed for construction of roadways. She conducted a PowerPoint presentation in support of her delegation depicting the fenced retaining pond and questioning how it could be considered "greeenspace" when it's fenced-in. Ms. Racansky feels Council needs to protect its residents against environmental vandalism and to review the remainder of the Hancock Neighbourhood while there is still an opportunity to do so. Mayor Abernethy stated a pecuniary interest with respect to the delegation of John Hinds as it relates to the Zoning By-law Amendment application for279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Council Meeting Minutes - 6 - October 29,2007 John Hinds addressed Council concerning Report #2 - Proposed Day Care Facility at 279 King Avenue East, Newcastle, expressing frustration with the Planning process. He stated he has spent a considerable amount of time and money providing surveys, etc. concerning the storm drain. He feels the process should be simplified and staff should advise him what needs to be done without the need for him to hire consultants. Mr. Hinds also questioned the requirement of the storm drain on his property when the Fire Department Parking lot, which is adjacent to his property, doesn't need one. Mr. Hinds feels Council should consider the impact of the process on the building owners, the families who need the daycare service and the owner of the school. In response to a question, Mr. Hinds stated he was not aware of the recommendation coming forward this evening on the zoning by-law amendment and that his delegation was based on the engineering report. The Mayor resumed the Chair. COMMUNICATIONS Resolution #C-554-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Items 1 - 20 and 1 - 25. "CARRIED" I - 1 Minutes of the Santa Claus Parade Committee dated September 10 A01.SA and 24, 2007 I - 2 Minutes of the Kawartha Conservation Authority dated June 20 and A01.KA September 12, 2007 I - 3 Minutes of the Clarington Heritage Committee dated September 18, A01.CL 2007 I - 4 Minutes of the Clarington Museums and Archives Board dated A01.CL September 12, 2007 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory A01.SA Committee dated October 10, 2007 J - 6 Minutes of the Clarington Living Green Community Advisory A01.CL Committee dated September 18, 2007 Council Meeting Minutes 1- 7 A01.GA 1-8 A01.CL 1- 9 A01.CL 1-10 E07.EN I - 11 E07.EN 1-12 E07.EN 1-13 E07.EN - 7 - October 29, 2007 Minutes of the Ganaraska Region Conservation Authority dated September 20,2007 Minutes of the Clarington Traffic Management Advisory Committee dated September 20, 2007 Minutes of the Clarington Accessibility Advisory Committee dated October 3, 2007 Stephanie Adams expressing concern with the health effects a Propose9 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. 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. 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. 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. Council Meeting Minutes - 8 - October 29, 2007 1-14 E07.EN 1-15 E07.EN 1-16 E07.EN 1- 17 E07.EN 1- 18 E07.EN 1- 19 F11.GE 1-21 M07.GE 1-22 C10.GE Pat Anderson advising Council that she feels the construction of an incinerator in Courtice is a very wrong move as the new proRosal 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. 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. 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. 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. 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. Sue DaCosta, Secretary, Orono Town 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. 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. 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; Council Meeting Minutes 1- 23 E07.EN 1- 24 E07.EN 1- 26 E06.vE 1- 20 A01.CL L 11 .AC - 9 - October 29,2007 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 Ren~wal, the Minister of Transportation, Durham Region and each of its Area Municipalities for information." 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. 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. 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. 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. Council Meeting Minutes - 10- October 29,2007 Resolution #C-555-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item 1 - 20 be referred back to staff to request a response specific to Council's resolution concerning the level of service at self- serve gas stations. "CARRIED" I - 25 British Natural History Museum, British Broadcasting Corporation M02.GE 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". . Resolution #C-556-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT a congratulatory letter be forwarded to Kristin McRea in recognition of her success as a runner-up in the Shell Wildlife Photographer of the Year Competition. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-557 -07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, including Hand-out Items D - 9 and D - 10, with the exception of Items D - 5 to D - 10, inclusive. "CARRIED" Council Meeting Minutes 0-1 C12.CL 0-2 M02.GE 0-3 A01.CL - 11 - , October 29, 2007 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. (Correspondence received with regret, and referred to the Municipal Clerk) 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. (Correspondence referred to the, Municipal Clerk for an ad to be placed in the local newspapers) 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: "THA T 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." (Correspondence referred to staff) o - 4 Confidential correspondence containing personal information about an identifiable individual. 0-5 L 11.GE C12.GE (Correspondence referred to staff) 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. Council Meeting Minutes - 12 - October 29,2007 Resolution #C-558-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee be endorsed. 0-6 A01.FC "CARRIED" 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 coord inator by telephone at 613-907-6316 or E-mail atqmiller@fcm.ca. Resolution #C-559-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the survey of municipal infrastructure needs being conducted by the Federation of Canadian Municipalities be endorsed. 0-7 C10.GE "CARRIED" 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 Council Meeting Minutes - 13 - October 29, 2007 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 I 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 Conservatipn 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; 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. Council Meeting Minutes - 14- October 29, 2007 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." Resolution #C-560-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Municipality of Brockton pertaining to the funding formula for Conservation Authorities be referred to the Director of Planning Services for comment. D-8 A01.GA F11.GE "CARRIED" 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. Resolution #C-561-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request from the Ganaraska Region Conservation Authority for support of the Ganaraska Forest Centre's funding proposal to the Ontario Power Generation be endorsed; and, that a letter of support be provided to the Authority. "CARRIED" Council Meeting Minutes - 15 - October 29, 2007 D-9 F11.GE Erin Collins, Ontario Vocal Festival Organization, a non-profit organization offering non-competitive festivals open to school and community choirs, advising their festival will be coming to Bowmanville on February 28 and 29, 2008, and requesting Council's support in assisting the organization to obtain funding from the Department of Canadian Heritage through the Building Communities Through Arts and Heritage Program by providing a letter of support and commitment to direct financial support or in-kind services. Resolution #C-562-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 9 be referred to the Director of Community Services for consideration during the Municipal Grant process. D - 10 "CARRIED" P. Webster, Regulatory Program Director, New Reactor licensing Division, Canadian Nuclear Safety Commission, requesting to meet with Council regarding the new licence application that the Canadian Nuclear Safety Commission (CNSC) has received from the Ontario Power Generation for a new nuclear plant. Proposed topics of discussion include the project plan for the new project, the EA process; CNSC's licensing process as well as effective mechanisms to involve the community and key groups in their public outreach efforts. Resolution #C-563-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the new licence application from the Ontario Power Generation to the Canadian Nuclear Safety Commission for a new nuclear plant be endorsed; and, that staff arrange a meeting with representatives of the Canadian Nuclear Safety Commission concerning the project. MOTION "CARRIED" NOTICE OF MOTION Council Meeting Minutes - 16 - October 29, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report October 22, 2007. Resolution #C-564-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of October 22, 2007, be approved, with the exception of Item #1 (c). "CARRIED" Councillor Hooper stated a pecuniary interest with respect to Item 1 (c) of Report #1 as his parents are residents of Wilmot Creek. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Resolution #C-565-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-121-07 be received for information. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Report #2 as it relates 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. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Report #2 - Proposed Day Care Facility at 279 King Avenue East, Newcastle Applicant: 1713535 Ontario Inc. (John Hinds) Resolution #C-566-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT ReportPSD-122-07 be received; Council Meeting Minutes - 17 - " October 29,2007 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 (R1) Zone" to "Residential Exception (R1-69)" to permit a day care facility be approved and that the By-law contained in Attachment 2 to Report PSD-122-07 be passed; and THAT all interested parties listed in Report PSD-122-07and any delegations be advised of Council's decision. "CARRIED" " The Mayor resumed the chair. UNFINISHED BUSINESS Councillor Foster stated a pecuniary interest with respect to the Addendum to Report COD-050-07, as he has a business relationship with one of the principals of a company submitting a tender for the project. Councillor Foster vacated his chair and refrained from discussion and voting on this matter. " Addendum to Report COD-050-07 - Tender CL2007-42 - Newcastle Library Capital Project Resolution #C-567 -07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-050-07 be received as amended by recommendations in Addendum to Report COD-050; THAT the recommendations outlined in the Addendum to Report COD-050-07 be approved; THAT the verbal report by Gerry Shoalts, Architect, be received; THAT the tender bids received for Tender CL2007-42 be rejected; THAT the revised Capital Budget Amount of $3,450,047.00 be confirmed; THAT the tender to design the Newcastle Library be reissued as a green building; THAT the Newcastle Library Building Committee be authorized to re-scope the Newcastle Library based on the above Recommendations; and to re-issue the tender in early 2008 to the same seven pre-qualified general contractors; Council Meeting Minutes - 18 - October 29, 2007 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; THAT the previously awarded consultants contract with Shoalts Zaback Architects Ltd, Kingston, Ontario also be amended to include $68,000.00 for lEED/Green Building design by sub-consultants' work; plus an amount of $60,000.00 for the lEED/Green Building Application and Registration, Energy Modelling and Commissioning, including work undertaken to date, without impact to the project budget; and THAT the By-law attached to Report COD-050-07 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. "MOTION CARRIED ON THE FOllOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster --J Councillor Hooper ..J Councillor Novak ..J Councillor Robinson --J Councillor Trim --J Councillor Woo --J Mayor Abernethy --J OTHER BUSINESS Councillor Hooper advised the Bowmanville 150 Dream Committee held a meeting last week to discuss celebrations for Bowmanville's 150th Anniversary next year. Councillor Hooper noted that although the turn-out was small, there were people of all ages from youth to seniors who attended with a variety of great ideas. Councillor Hooper stated the celebration is planned for June 28 to July 1, 2008, and the next Committee meeting will be held on November 8th in Boardroom 1 C . Councillor Novak advised tenders will be going out this month for the Ambulance Station on Courtice Road with construction expected to commence in the Spring. Council Meeting Minutes - 19- October 29,2007 Resolution #C-568-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the matter of the security fence be referred back to staff so that the Ward 3 Councillors and appropriate staff can meet with David Rice, Ridge Pine Park, and Capri Ltd. to look into the matter of erecting a fence to provide a barrier between residents of Wilmot Creek and Waterfront Trail. "CARRIED" Resolution #C-569-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Libby Racansky be received for information. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to the 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 the remainder of the meeting. Resolution #C-570-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the issue of the 1996 zoning application for Mr. Ward's property at 3709 Regional Road 9 be referred to the Planning Services Department for comment. "CARRIED" Resolution #C-571-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Richard Ward with respect to Election issues be received with thanks. "CARRIED" Council Meeting Minutes - 20- October 29, 2007 BY-LAWS Councillor Foster stated a pecuniary interest with respect to By-law 2007-196 as he has a business relationship with one of the principals of a company submitting a tender for the project. Councillor Foster vacated his chair and refrained from discussion and voting on the by-laws. Mayor Abernethy stated a pecuniary interest with respect to By-law 2007-210 as it relates to the Zoning By-law Amendment application for 279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy refrained from discussion and voting on the by-laws. Resolution #C-572-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2007-196 and By-laws 2007-205 to 2007-210, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 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 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) 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 2007 -207 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 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 Council Meeting Minutes - 21 - . October 29,2007 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 Ded uction for T ax Payments ' 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) Resolution #C-573-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the third and final reading of By-laws 2007-196 and By-laws 2007-205 to 2007 -210 inclusive, be approved. "CARRIED" Mayor Abernethy and Councillors Foster and Hooper stated pecuniary inter,ests earlier in the meeting and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-574-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT leave be granted to introduce By-law 2007-211, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 29th day of October, 2007, and that the said by-law be now read a first and second time. "CARRIED" Council Meeting Minutes - 22- October 29,2007 Resolution #C-575-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the third and final reading of By-law 2007-211 be approved. "CARRIED" ADJOURNMENT Resolution #C-576-07 Moved by Councillor Robinson, seconded by Foster THAT the meeting adjourn at 9:43 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE NOVEMBER 12, 2007 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Orono Arena and Community Centre Board dated October 9,2007. (Copy attached) , I - 2 Minutes of Clarington Living Green Community Advisory Committee dated October 2,2007. (Copy attached) I - 3 Minutes of the Newcastle Community Hall Board dated September 18, 2007. (Copy attached) . . I - 4 Minutes of the Clarington Heritage Committee dated October 16, 2007. (Copy attached) I - 5 Kristin McKinnon-Rutherford forwarding a Metroland newspaper article in which Members of the Town of Ajax's Council raise a number of concerns regarding Energy-From-Waste and stating the Town of Ajax is not supporting an energy-from-waste facility proposed for Clarington until important questions are answered. . 1-6 Martin de Rond, Director of Legislative & Information ServiceslTown Clerk, Town of Ajax, advising Council that on October 22,2007, the Town of Ajax passed the following resolution pertaining to the Durham-York Residual Waste Study Environmental Assessment: "1. THAT the Town of Ajax Report entitled "Comments on the Durham-York Residual Waste Study Environmental Assessment" dated October 18, 2007 be endorsed and forwarded to the Region of Durham and the Municipality of Clarington as the Town's response to the Region of Durham's request for comments; 2. THAT the Region of Durham develop a strategy to deal with industrial, commercial and institutional waste in conjunction with the Durham-York Residual Waste Study; 3. THAT the Environmental Assessment process specify and evaluate burning and emissions technology; and 4. THAT the Environmental Assessment process evaluate/consider cumulative effects of this facility together with those currently operating along the Lake Ontario waterfront, as well as proposed new facilities such as the Darlington Nuclear Station expansion. Summary of Correspondence -2- November 12, 2007 5. THAT the environmental assessment process address the quantity, composition and disposal of the bottom ash/char produced by the thermal treatment facility. , 6. THA Tthe Region of Durham re-affirm that the incinerator will only receive residential residual waste that is generated within the Regions of Durham and York." 1-7 Mary Tillcock, Run Day Or~anizer, The Terry Fox Run for Cancer Research, advising the 2i Anniversary of Terry's Marathon of Hope in Clarington raised over $75,000 for cancer research through the efforts of participants and thanking the Municipality of Clarington Council and staff for support given to 'Run Day' making it a successful, safe and enjoyable day for everyone. I - 8 Louise Levert, Commission Operations Officer, Canadian Nuclear Safety Commission forwarding the Record of Proceedings issued on October 24, 2007, regarding the application for an operating licence for Ontario Power Generation Inc.'s Darlington Waste Management Facility. ., I - 9 Betty Robinson advising she is vehemently opposed to a proposed incinerator to be located in Durham or anywhere on the planet. I - 10 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation, forwarding correspondence from Peter Frood, Superintendent, Trent- Severn Waterway responding to an inquiry regarding the removal of logs from the dam on the Scugog River at Lindsay and advising the low lake levels on Lake Scugog this year were precipitated by a communications breakdown between sector and lock staff and confirming that additional controls and operating procedures will be put into place to ensure that a recurrence of the situation does not occur in the future. 1-11 Suzanne Tigwell, Executive Director, Resources for Exceptional Children - Durham Region, advising 2007 marks the 20th Anniversary supporting children and youth with special needs; forwarding a copy of their 2006/07 Annual Report; identifying past year highlights and future projections; and, expressing appreciation to their community partners, who work collaboratively with the agency on behalf of the families they serve. Summary of Correspondence -3- November 12, 2007 I - 12 Kathy Stranks, Manager, Chair and CAO's Office, Toronto and Region Source Protection Authority (TRSPA) advising Council that on October 26,2007, the Toronto and Region Source Protection Authority passed the following resolution pertaining to membership on the CTC Source Protection Committee: "THAT the candidates, as set out in Attachment 2, be appointed as members of the CTC Source Protection Committee (SPC) pursuant to the Clean Water Act, 2006, as recommended by the CTC Selection Committee (Attachment 2, confidential, to follow on Wednesday, October 24 ); THAT the roster as set out in Attachment 3, for the Source Protection Authority liaison position on the CTC Source Protection Committee be approved (Attachment 3 to follow on Wednesday, October 24)." Attached to the correspondence was a list of candidates approved by the TRSPA. John Presta, Director, Environmental Services, Region of Durham is the Member representing the Region of Durham and the eight area municipalities. 1-13 John O'Toole, MPP, Durham advising he has received a response from Geoff Quirt, Assistant Deputy Minister, Ontario Seniors' Secretariat, concerning his inquiry regarding the eligibility of funding for The Clarington Older Adult Association/Clarington Beech Centre noting the Clarington Older Adult Centre may be considered for funding as a new centre under the Province's $3 million funding plan to enhance and expand Elderly Persons Centres (EPCs) in Ontario. 1-14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on October 31,2007, the Region of Durham passed the following resolution pertaining to the Durham Agricultural Advisory Committee 2007 Farm Tour: "a) THAT Report #2007-P-80 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2007 -P-80 be forwarded to the area municipalities, the Durham Region Federation of Agriculture, the GT A Agricultural Action Committee, and the Durham Agricultural Advisory Committee." Summary of Correspondence -4- November 12, 2007 1-15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on October 31,2007, the Region of Durham passed the following resolution pertaining to the quarterly report on planning activities: "a) "THAT Report #2007-P-81 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2007-P-81 be forwarded to the area municipalities, Durham Regional Police Services, and the Durham Emergency Medical Services for information." 1-16 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on October 31,2007, the Region of Durham passed the following resolution pertaining to the Regional Appeal of a Municipality of Clarington Committee of Adjustment Decision on Minor Variance Application #A2007 -0028 (Eugene E. Van DeWalker, Newcastle Trailer Park): "a) THAT the Commissioner of Planning's appeal to the Onta~io Municipal Board of the Municipality of Clarington Committee of Adjustment's decision on minor variance application A2007 -0028 (Eugene E. Van DeWalker, Newcastle Trailer Park), be withdrawn following confirmation from the Health Department that a building permit application to permit a septic system has been approved; b) THAT the Regional Solicitor be directed to contact the Ontario Municipal Board immediately to request that the Regional appeal be held in abeyance; and c) THAT a copy of Report # 2007-P-77 of the Commissioner of Planning be sent to the Municipality of Clarington for information." I - 17 C. R. Curtis, Commissioner of Works, Regional Municipality of Durham responding to Council's resolution requesting the Region to clarify the advantages of the Municipality being a willing host for an EFW facility and advising the advantages to Clarington acting as a "willing host" are being actively negotiated at the staff level, noting the difficulty in producing a definitive list at this point in time; however, all negotiated arrangements will be tentative until approved by Regional Council, Clarington Council and York Regional Council. Summary of Correspondence -5- Novernber12,2007 I - 18 Linda J. Keen, Canadian Nuclear Safety Commission advising of changes to the organization structure of the Canadian Nuclear Safety Commission (CNSC) by creating two new branches to replace the Operations Branch - the Regulatory Operations Branch and the Technical Support Branch. The new branches will work together closely to ensure that there is overall consistency and coordination of the regulatory oversight of Canadian licensees. I - 19 Emma Docherty, Transportation & Environmental Planner, Totten Sims Hubicki forwarding a copy of correspondence sent to all property owners affected by the technically recommended route for the 407 East Environmental Assessment (EA) Study including information on the advance purchase procedure and providing contact information should they have questions or require further information. A copy of the technically recommended route can be viewed on the project website at www.407eastea.com. CORRESPONDENCE FOR DIRECTION D - 1 Linda J. Laliberte, CGA CAO/Secretary-Treasurer, Ganaraska', Conservation, forwarding their 2008 Preliminary Budget requesting Council's consideration of the 2008 general levy of $323,865.13 set for Clarington, based on the guidelines prescribed by the Region of Durham; and advising comments on the preliminary budget are to be forwarded to the Authority prior to December 13, 2007. (Motion to refer correspondence to the Director of FinancelTreasurer) .' .' D - 2 Cheri Smith, Manager, Resource Development, Community Living Oshawa/Clarington - The Clarington Project, requesting a discount for the facility rental fee for the Garnet B. Rickard Centre, for their Annual Gala in support of the agency's activity centre and their services to people with intellectual disabilities to be held on Saturday; April 19, 2008. (Motion to advise of Municipal Grant Policy) D - 3 John Mutton requesting that the Municipality of Clarington pay his invoice from Polak, McKay & Hawkshaw, Barristers & Solicitors in the amount of $397.50 for legal expenses he incurred resulting from the compliance audit of his election campaign. (Motion for Direction) I. 1 - 1 THE ORONO ARENA and COMMUNITY CENTER BOARD MINUTES October 9, 2007 PRESENT: Gord Lowery Tom Moffat John Witheridge Ray Bester Laverne Boyd Elaine Dillon ABSENTS: Gord Robinson ALSO PRESENT: Rick Howe (President O.A.A.A.) Neil Allin (Past President O.A.A.A.) CALL TO ORDER: by chair at 7:37pm Moved by Gord Lowery seconded by Laverne Boyd that we accept the agenda as discussed. Passed The minutes were read. Moved by: John Witheridge seconded by Gord Lowery that minutes were accepted. Passed After a discussion of Report CSD lO-07,......Fred Horvath, Director Of Operations came to review the proposed terms and conditions of agreement between the Municipality and the Orono Arena Board as well as a third party agreement with the Orono Amateur Athletic Association in compliance with the Ontario Municipal Act. A report to Council with the amending bylaw and agreement is required to finalize any arrangement. As only one member has a copy of the Report that was approved by Council in June, Mr. Horvath will provide copies for all members. He explained that the proposed agreement deals with the operation of the Orono Arena and Community Center only. He first gave a history of the pass agreements dating back to 1977 and 1997 and that most of those agreements were to be incorporated into the new one. He also explained that the municipal' law dictated the wording and some of the clauses in the agreement. A clause-by-clause review and discussion followed and all parties agreed in principle on most of the clauses... It was also agreed that clauses 22 and 25 were to be reviewed to clearly outline the determination of assets in the event of a break down in the agreement or relationship of the parties. After this lengthy discussion and constructive dialogue, it was agreed we would meet again Tue.Oct. 30, 2007 to review the modifications and if possible. sign the agreement. It was also suggested that any correspondence dealing with the Orono Arena and Community Center be directed to the following... . Orono Arena and Community Center Board C/O John W (secretary) Orono Amateur Athletic Association President Rick Howe Arena Manager Peter Maartense A total retained earning as of 08/31/07 of $ 69 007.44 was reported. Next meeting was scheduled for, at Tue. Oct. 30,20077:30 Passed Motion to Adjourn by Laverne Boyd at 9:47 pm Ray Bester Chair John Witheridge Secretary Municipality of a.rington LivinQ Green -'-'-'"1-'--'-' Community Advisory Committee 1-2 MINUTE:S October 2, 2007 Committee Members Present: Amy Burke, Elva Reid, Glen Murphy, Helen Bajorek MacDonald, Jonathan Wheatle, Kristin McKinnon-Rutherford, Richard Marceau, Ron Collis, Mayor Abernethy, and Vanessa Hughes. Co-ordinators Present: Carlos Salazar, Jennifer Cooke, and Suzanne McCrimmon Staff Present: Lisa Backus. Regrets: Dave Clark, Councilor Novak, Madison Stange, and Susan Hajnik Mayor Abernethy reiterated that the Committee needs to set s ecific oals. Amend September 18, 2007 minutes Page 2, Other Business Susan H. re: R2000 as a minimum standard. · R2000 is a design specification for a new home. It should,be, lomoted as the minimum re uirements. :~fll+(1~'$eQl~mQ~t(11~',14qGt~Q1Lt)q1t~s, Add to Other Business. Susan H. .,,>,Business shouldbe"given credit and recognition for . be.inGreenang'takin Greeninitiatives N10tign toapprov~Mil1,l.Jtes dated Sept~l'l1b ""ith~bo~e ame~~!'n~~ts incorporated.N1o Seconded b "Jonath.n. Power point presentation by Carlos Salazar. This outlined the three key drivers behind the need for a Green Community Strategy; Climate Change, the Energy Crisis, and Clarington's growing population. These key drivers will also !"A"',~~~: t~~i~~a"~~~\\fO! t~1i. c~rp'~~~~~~r~~~~ V:'h.1A\p!:Qvidin in ut~Q. i .. ft1l;lDllqIPif3',ltt'slpffJel~lj4,Bla'o' fJ~'{I~~ pu,ta'IQ.~,9'I~J ,i( 1,- Com onent" "f Power point presentation by Lisa Backus. The presentation Lisa to outlined International and Canadian projects designed to provide to achieve sustainable development, The presentation members generated a number of project ideas that could be embraced b the committee in the short term . Tapping into the resources of our School Boards and services clubs are ke for the success of the committee's initiatives Website needs to be set up before the Green Star Expo in November. Recycling standards need to at least match the Regional avera e. There needs to be 'incentives' to go green. Residential and commercial Green Expo - The committee decided to have a booth at the Most Green Expo November 2 and 3. Mayor Abernethy will ensure Members the tickets will be aid for if members want to attend. Opening Remarks Minutes Review Green Case Study Other Discussions lVlotiop Carrie;d Madison & Helen Jennifer Jonathon September 18, 2007 Page 1 of 2 . To Do list Times needed to staff booth Friday 10-9; Saturday 10-5. Able to staff the booth: Amy Burke(Fri. after 5), Helen Bajorek MacDonald(Sat), Richard Marceau, Ron Collis, and Vanessa Hu hes Sat a.m. , Carlos Salazar Frida after 7 . The Strategy will take time, and requires community consultation. Update reports to Council every few months. Draft of the Strategy ready by Fall 2008. Committee members need to begin thinking of sections they would like to focus on. Committee needs to get together in sub- committees to work on small com onents of the strate Ideas Session in every meeting. Each week a different member willi resent a ro'e.ct or idea Send, ideas to Lisa for inclusion on the master Idea's List and a enda. Work Ian resentation ost oned for the next meetin . , . y~~ffi~o.'J1m!~~7'4~~~~f~'j~,Qrf;~,..!? bring to the next. meeting j,.a):al Ji)l'io),ec(,ttlat\bas:1been: u1lu!Ie,rtaRen elsewhere which we 'coul~,replicate/modify~(3re~in ClarinQton and b) a 'new idea' fo~..,a,~roj~~ it~.(3rs "Qrt or long term kefi)pil"l9in'lT!il"ld the l11~nqite'Qf ornm' ' Jhe~!j id~~s S,~o~I~\re~~ct the matrix pres,~ntedan9(3ttached to the'minutes. T~(3Il1fprmation contained within the matrix is at the core of the Committee's long term goal to produce a Green Communi Strate for Clarin ton- Ideas to remain active until the committee has decided to remove it from the list. A. 1: ~.pJ,~I~$I'tS~'}~;a~d.pl:-f~r~ . ~L\Of I)iOqA,.o,f".~iq1' :l!,,~atantfta~g',torriotegf~s'inii d:ij sfandaujifg,t bl,l ilder$. 2. Com ostin for multi-residential .' 3. Green Event Guide -How to host an environmentally res onsible event. 4. Batte rec clin - e-rec clin 5. Anti-idlin Cam ai n 6. Reusable shopping bags - education program (Local a Iication of the Durham Re ion ro ram 7. Student Com etitions -nei hbourhood or munici al. 8. Alternative ener Sources - develo ment standards Next meeting will be held October 23, 2007 in the Library, Mezzanine Meetin Room next to Dewe 's Cafe. Minutes, Channel 12, Case Studies, Work Plan, Ideas Session, Sample Table of Contents of a Green Strategy, Green Ex 0 discussion. Next Ste s Next Meeting Schedule Future Agenda Members Members Carlos/Lisa Members Members September 18, 2007 Page 2 of 2 1-3 MUNICIPALITY OF C~ARINGTON NEWCASTLE COMMUNITY HALL BOARD Minutes of a meeting of the Newcastle Community Hall Board held on September 18, 2007 at 7:00 pm in the Council Chambers. Present Were: C. Abraham (chair) B. Snowdon P. Dejong G. Robinson (councillor) C. Trim (councillor) S. Dejong G. Ben (secretary) Regrets From: L. Franssen MINUTES 1.1 Moved by P . DeJong, seconded by C. Trim That the minutes of June 19, 2007 meeting be accepted as circulated. ' "Carried" BUSINESS ARISING 2.1 Laptop for hall was purchased by secretary FINANCIAL REPORT 3.1 Moved by G. Robinson, seconded by S. Dejong That the financial report be accepted as circulated. "Carried" BILLS 4.1 Motion by C. Trim, seconded by G. Robinson Those bills in the amount of $1765.00 for supervision are paid as presented. "Carried" CORRESPONDENCE/SUPERVISION 5.1 Letter received from Nancy Taylor - Director of Finance, requesting budgets be completed early this year. 5.2 Letter from Nancy Coffin - client, commending hall board on their recycling program and complimenting our custodian. PAGE 2 5.3 Supervision for Sept/Oct was allocated. BUDGET 6.1 Discussed preliminary figures for budget. Secretary to prepare and present final draft for October meeting. Must be handed into Municipality by end of October. 6.2 Moved by G. Robinson, seconded by C. Trim That meeting go in camera. "Carried" Moved by G. Robinson, seconded by S. Dejong That meeting come out of camera. 6.3 Discussed options for having air conditioning for the main hall. Chair to meet with Director of Operations to discuss "how can we make this happen, in partnership with the Town?" 6.4 Moved by C. Trim, seconded by G. Robinson That 3 fans be purchased for the auditorium to alleviate the heat, at a cost of no more than $1500.00. "Carried" 6.5 Moved by C. Trim, seconded by P. Dejong. That the board investigate options for air conditioning for main hall. "Carried" 6.6 Moved by C. Trim, seconded by G. Robinson That the board set up a yearly reserve from interest of Irene Rinch trust and Operations budget to a yearly maximum of $15,000.00 to fund air conditioning project. "Carried" 6.7 Chair to talk with Steve (custodian) about part time help. 6.8 Proper ashtrays to be purchased for front entrance. 6.9 Moved by C. Trim, seconded by S. Dejong That 200 outdoor chairs be purchased for gazebo weddings. "Carried" NEW BUSINESS 7.1 Masons room needs to be checked on east wall for water leakage. Secretary will refer to Operations Dept. 7.2 Newcastle BIA would like permission to use the hall picture on their letterhead. Moved by P. DeJong, seconded by S. DeJong That the Newcastle BIA may use the hall on the letterhead. (G. Robinson abstained from vote as he is in conflict) "Carried" PAGE 3 7.2 cont'd Secretary will look into having picture of hall copyrighted. 7.3 Moved by G.Robinson, seconded by P. DeJong That although the Seniors Group has folded we will continue to give them reduced fees for their annual BBQ and Xmas Party. "Carried" 7.4 Secretary talked to M. Martin of the Seniors about purchasing their card tables, she will discuss with group and get back to us. 7.5 S. Fogg would like to purchase a bug light for the kitchen, board agreed. 7.6 B. Snowdon noted face clock tower is missing some wood pieces. Secretary will refer to Operations Dept. Adjourned 8:35 pm 1-4 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting October 16th, 2007 MEMBERS PRESENT: Paul Allore Philip Carlton Victor Suppan MEMBERS ABSENT: Karin Murphy David Reesor Duane Cooke Leslie Wilson " James Rook Councillor Novak REGRETS: PLANNING STAFF: Andrew Kozak Isabel Little GUEST: Jayne Salisbury ADOPTION OF MINUTES 07.27 e accepted. Ms. Jayne Lambs has r bea made. which in Salisbury n to see this bUl the immediate a senta Committee on her property located at 582 proposed sCience and technology park area. Ms. Salisbury and is in the process of restoring the house. The original dation is stone. The bricks are three deep and hand struc . A title search has been completed back to the Crown e was the Lamb family home from 1920 to 1963. Ms. een many homes demolished over the years and would like . especially as it is one of the few remaining farm houses in The Committee had reviewed this property, along with several others, in October of 2006 when preparing comments on the science and technology park proposal. The property had not been included in the list of cultural heritage resources and was not added at that time. Photographs taken in 2006 and just recently indicate that there has been restoration work completed in the past year. The Committee members will conduct individual exterior site inspections prior to the November meeting. Minutes of Clarington Heritage Committee Meeting, Oct 16th, 2007 BUSINESS ARISING HeritaQe Resources and the 407 The Committee Chair prepared a draft letter summarizing the CHC comments on the technically recommended route for the 407 which was sent to all CHC members for comment. Revisions have been made based on the comments received and each member was provided with a copy. Upon final review it was suggested that a comment be added in regards to lots that may be created by the highway severing er parcels. These lots should be considered as viable building lots that could modate built heritage resources that need to be moved to save them from demoli . 407 16 Church Lane The Committee Chair has spoken with Chr" Newtonville in regards to his request that th property. Mr. Mabey has indicated that he insurance and feels it is due to the heritage de with information on house insurance and will repo Church Lane in oved from his able house ae the owner CORRESPONDENCE The members were provi entitled "A Guide to the The CHO member The prop agricultural Advisory Com highway and a m in the severance of farmland. This is a concern from the se new lots may qualify for building permits. The 407 ovided with a copy of the CHC comments on the ~roposed ritage resources for their next meeting on October 30t . Orono CIP Next meeting is October 23rd, 2007 HCD Committee A heritage application was received for the replacement of the west and south side second storey windows at 21 Beech Avenue. The new windows will be the same dimension as the original windows but will be vinyl with an aluminum cap over the window sill. As the application was considered minor it was approved by staff. 2 Minutes of Clarington Heritage Committee Meeting, Oct 16th, 2007 ,. PROJECT REPORTS Inventory update Photography will continue over the next month. Completing the evaluation for the 407 route was a good exercise in how best to proceed. ResearchinQ your home brochure The names on the ba The existing accou municipality is req submission to the ba A mock up should be ready for the next meeting. Website Development I No work has been completed to date. can proceed. Financial Report Balance as of August 25, 2007 Interest accrued August 31,2007 nged to ect the changes in committee. d a new one opened. A letter from the ff will prepare the letter for the Treasurer's The Com secondary p residence. It second heritage the inventory. The that it should be inclu neighoourhood design plan for North Newcastle. There is a t 220 Arthur Street which is shown on the plan as an existing being affected by the proposed development. There is a ted at 879 Regional Road 17. This building is not currently in ittee reviewed current photographs of the building and agreed CJ as a heritage resource. The following motions were passed: 07.28 Moved by James Rook, seconded by Duane Cooke THAT the property located at 879 Regional Road 17 be listed as a heritage merit resource. "CARRIED" 3 Minutes of Clarington Heritage Committee Meeting, ()et 16th, 2007 '. 07.29 Moved by Karin Murphy, seconded by Paul Allore THAT the developer be advised that 879 Regional Road 18 is a Heritage Merit resource; THAT the developer consider incorporating the property' into the plan of subdivision, and THAT any new construction be in keeping with the general -heritage architecture of Newcastle Village Recoqnition for Desiqnated Property Owners "CARRIED" The Committee was asked to consider how the recognized for their contribution to the pres There are grants available for restoration wo Owners of designated properties could be enc letter of appreciation could be forwarded from the the Mayor. The matter will be given r consider operties could be built heritage. " Moved by David Reesor ", g ,2007 1C, 7:00 pm 4 ClfJ!iJlgron REPORT #1 REPORT TO COUNCIL MEETING OF NOVEMBER 12, 2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, NOVEMBER 5, 2007 RECOMMENDATIONS: 1. FORTHWITH RECOMMENDATIONS (a) Energy from Waste - Authorization for staff to negotiate. 2. APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY- LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED THAT Report PSD-123-07 be received; , , THAT the applications for a proposed draft Plan of Subdivision and Zoning By-law Amendment submitted by 708545 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed Report PSD-123-07 and any delegation be advised of Council's decision. 3. APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED THAT Report PSD-124-07 be received; THAT the applications for a proposed amendment to draft approval of a draft approved Plan of Subdivision and Zoning By-law Amendment submitted by 708545 Ontario Limited, be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-124-07 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 November 12, 2007 4. PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN & DRAFT BROOKHILL SECONDARY PLAN AND URBAN DESIGN GUIDELINES THAT Report PSD-125-07 be received; THAT proposed amendment to the Clarington Official Plan and Draft Brookhill Secondary Plan and Urban Design Guidelines be referred back to staff for further processing; and THAT all interested parties listed in Report PSD-125-07 and any delegations be advised of Council's decision. 5. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 18, 2007 THAT Report PSD-126-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 18, 2007, for applications A2007-0053 to A2007-0056 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 6. OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF A DWELLING RENDERED SURPLUS AS A RESULT OF THE ACQUISITION OF A NON-ABUTTING FARM PROPERTY APPLICANT: ARNOLD GEISBERGER THAT Report PSD-127-07 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2007-0005) as submitted by Arnold Geisberger, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; THAT Amendment No. 58 to the Clarington Official Plan as submitted by Arnold Geisberger to permit the severance of a dwelling deemed surplus to the farm operation be adopted as indicated in Attachment 2 to Report PSD-127-07 and that the necessary by-law contained in Attachment 3 to Report PSD-127-07 be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-127-07; and THAT all interested parties listed in Report PSD-127-07 and any delegation be advised of Council's decision. Report #1 3 November 12, 2007 . 7. REGIONAL CYCLING PLAN STUDY THAT Report PSD-128-07 be referred back to staff for a further report on the preferred style of cycling lanes and associated costs. 8. REPORT FOR INFORMATION REGARDING APPLICANT'S APPEAL OF LAND DIVISION APPLICATION LD143/2007 APPLICANT: CARMELA COSCARELLA THAT Report PSD-129-07 be received; and THAT all interested parties listed in Report PSD-129-07 and any delegation be advised of Council's decision. 9. CLARINGTON CORNERS SUBDIVISION PHASE 1 STAGE 2B, PLAN 40M- 1907 (PART), PHASE 2 STAGE 1, PLAN 40M-2005, AND PHASE 2 STAGE 2, PLAN 40M-2087, BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-056-07 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-1907 (part), Plan 40M-2005 and Plan 40M- 2087; and THAT Council approve the by-laws attached to Report EGD-056-07, assuming certain streets within Plan 40M-1907, Plan 40M-2005 and Plan 40M-2087 as public highways. 10. REQUEST FOR EXEMPTION TO TRAFFIC BY-LAW THAT Report CLD-034-07 be received; THAT the request of Mr. J. Strickland, Tirecraft Auto Centres Ltd, to park a vehicle with a registered gross weight of 7,250 kg on Dadson Drive, Bowmanville, be denied; and THAT Mr. Strickland be advised of Council's decision. 11. ANIMAL SERVICES QUARTERLY REPORT - JULY TO SEPTEMBER, 2007 THAT Report CLD-035-07 be received; and THAT a copy of Report CLD-035-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Report #1 4 November 12, 2007 12. MEETING INVESTIGATOR - CLOSED MEETINGS THAT Report CLD-036-07 be referred back to staff for a more detailed report. 13. APPOINTMENT OF PRIVATE PROPERTY PARKING ENFORC~MENT OFFICERS ' THAT Report CLD-037-07 be received; THAT the by-laws attached to Report CLD-037 -07 to appoint Parking Enforcement Officers for private property be approved; and THAT CLOCA, P.R.O. Security and Investigation Agency Inc. and Group 4 Securicor be advised of Council's actions. 14. 2006 AUDITED FINANCIAL STATEMENTS THAT Report FND-021-07 be received; and THAT the 2006 Audited Financial Statements be approved 15. CONFIDENTIAL LEGAL MATTER THAT Confidential Report FND-022-07 be received; and THAT the actions taken as identified in the attachment to Confidential Report FND-022-07 be endorsed. 16. DELEGATION OF MR. LOUIS BERTRAND THAT the delegation of Mr. Louis Bertrand be received with thanks. 17. ENERGY FROM WASTE - HOST COMMUNITY IMPACT AGREEMENT THAT the third bullet of item 3 of Resolution #GPA-632-07, which reads as follows "The Host Community Impact Agreement include the establishment of a Community Liaison Committee including local physicians" be tabled until the Council meeting scheduled for Monday, November 12, 2007. ,C[@llgtDn REPORT /I 2 REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: Monday, November 12, 2007 Report #: Report CLD-038-07 File #: By-law #: Subject: COMPLIANCE AUDIT - JOHN MUTTON RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-038-07 be received; and 2. THAT Council provide direction as per Item 3. of Report CLD-038-07. Submitted by: '" _ . pa!t~"r: arr.ie: CMO MUniciparClerk Reviewed by: ;d~ ~ Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: CLD-038-07 PAGE 2 1. At the Council meeting of June 25, 2007, council considered and granted a request for a compliance audit of the election financial returns of John Mutton to be completed. The firm of Horn Almand Chartered Accountants was chosen for the audit. On July 12, 2007, council amended its decision by deleting the reference to one of the applicants based on confirmation that the individual is not a Canadian citizen, but otherwise reconfirmed its decision for the audit to proceed. The audit report was received in the Municipal Clerk's office on November 5,2007. A copy of the complete audit document is attached hereto as Attachment NO.1. 2. Section 81 (10) of the Municipal Elections Act, 1996, states: "The councilor local board shall consider the report within 30 days after receiving it and may commence a legal proceeding against the candidate for any apparent contravention of a provision of this Act relating to election campaign finances." Given that the auditor has indicated the electoral campaign of John Mutton to be in compliance with the Act, it is recommended that this report be received for information. 3. Mr. Horn has submitted an invoice in the amount of $4,755.00 for the audit services. In accordance with Section 81 (9) of the Act, this amount has been paid by the municipality. Section 81 (11) of the Act states: "If the report indicates that there was no apparent contravention and the council or local board finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor's costs from the applicant." The interpretation of "reasonable grounds" is a matter to be determined by Council based on the information contained in the audit report. Here are two options for Council's consideration: REPORT NO.: CLD-038-07 PAGE 3 Option A Council determines there are reasonable grounds for the audit request. In this case, Council would receive this report for information and the cost of the audit would be absorbed by the municipality. Option B Council determines there are NO reasonable grounds for the audit request. In this case, Council would direCt staff to recover the audit cost from the applicant. '07NOV05 Pt'112:19:07 Horn AhuanJ Chartered Accountants Attachment No.1 to , Report CLD-038-07 November 2. 2007 Ms. Patti Barrie, AMCT Municipal Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville ON L 1 C 3A6 Dear Ms. Barrie Compliance Audit - Mr. John Mutton We are pleased to enclose our report and related comments on the above matter. Introduction We would like to acknowledge the cooperation of senior staff. Mr. J. Mutton and his auditor, Mr. M. Sullivan in this process. While we did have some difficulty in connecting with Mr. Mutton originally, this was dueto his business relocation at the time and the need to reconfirm our appointment based on scope and available materials. Available Materials In a letter dated June 26, 2007 from the Municipality, we were provided with a copy of Mr. Mutton's 2006 election filing and a copy of a letter dated June 12, 2007 from the applicants requesting a compliance audit. ~? ""~.:-.::~-'-'--'--- ,~, _~.' ~ 'L,/ . "" 'f ~ .).i. '..J"..- The June 12. 2007 letter raised 6 specific issues and is 2 Y2 pages in length. J ~::__ I I'A.} . ._ ._ j In late July, 2007 we received a courier package from Mr. S. Keane, one of theja~Plicants.ThiS fI_lua 'I i'R package comprised a cover letter of 5 pages and attached material of 79 pages" _ - ~ This material raises certain additional concerns not in the original June 12. 2007 application. In the interests of bring closure to this matter, we have commented on these issues. - The tone and certain comments in this material are questionable and border on offensive. ,,".'" '-:='~~:1;.m'G 67 Mowat Avenue, Suite 444, Toronto,Ontario M6K 3E3 tel.: 416-516-8555. fax: 416-516-0773 Page 2 To bring some perspective to this matter, our discussions have determined that Mr. Mutton was a popular elected official, first as a regional councillor in 1997 and as two terms as mayor in 2000 and 2003. He undertook his duties with enthusiasm and was out in the community. He worked well with Council and senior staff. Report on Issues In the attached exhibit we have listed the issues raised by the applicants and our commentary as to the relevant facts. We have used this format as we believe it is easier to follow given the volume of issues we have been asked to address. Oriainal Filina and Audit P~ocess As part of our procedures we met with Mr. Mutton's auditor, Michael Sullivan. Based on these discussions, we have determined that the audit process followed was appropriate and provided sufficient evidence for the standard opinion to be rendered. Municipalitv of ClarinQton We have been made aware that the Crown Attorney's Office in Whitby ,is reviewing numerous charges against the Municipality of Clarington in connection with the 2006 election. We have received two sizable packages related to this matter, September 8,2007 and October 30,2007 from a Mr. M. Hendrikx. Certain issues in that matter have also been raised in the challenge to Mr. Mutton's filing. The most significant issue is whether various newspaper articles constituted paid advertising. 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"fie ::::l a> (1).3 -o+- e: (I) co g a.o ::::l- _co ~ E (I) 0 co e: ~tV (I)..c: (1)- ~ ~ -0 co ~ ~ '" co - '(5 (I) E ~ . I ;> ~ a> 0 0 -o:o~ e: ::::l e: co a. 8 a> a> a> .!: ..c: 0 -;~l:E J!! ci> 0 a> .!: -(I) tV ~ 0 .... e: >- [.2~ a>o (I) a> a> <(a>~ ..c: o ::::l= (I) co (I) (I) E a> a> I (I) o a> .... 0 .- 0 a. ~ -g - .... ~co~s. -a>Ne: [.!: ~ .2> '0 x ::::l co ,- co a> a. e: - .... E ::::l (I) a> co ~co~o co (I) :E - - co ..c: - -0 a> -0 -0 co 0) e: ~ ~ a> ..c: - .... Q) c:: c:: .9 t)) .~ ~ ~ ~ ctl E -0 a> (I) ::::l (I) e: E .9~ :ie: ~ 8 s...::c ~a> ~:E a>- ..c:(I) ~ g a> 0 - .... o 0 e:- a> (I) ~~ REPORT /1 3 ClWington REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: November 12, 2007 Resolution #:' Report #: COD-057 -07 File #: By-law #: Subject: CL2007-39, One (1) 100 Ft. Aerial/Pumper Vehicle Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-057-07 be received; 2. THAT Thibault and Associates, Drummundville, Quebec, with a total bid in the amount of $823,584.00 (plus GST), being the lowest responsible bidder meeting all terms, conditions of Tender CL2007-39 and providing acceptable specifications for an in stock unit versus a unit built to specifications, be awarded the contract to supply and deliver One (1) 2007 Model Pearce 100 Ft. Aerial/Pumper Vehicle, as required by the Municipality of Clarington, Emergency and Fire Services Department; and 3. THAT funds in the amount of $823,584.00 be drawn from the 2007 Emergency Services Capital Budget Account #110-28-388-82803-7401. ReViewed"Q~ U&, Franklin Wu, Chief Administrative Officer .CT., C.M.M.II cy & Fire Services ~ MM\JB\km REPORT NO.: COD-057-07 PAGE 2 BACKGROUND AND COMMENT Tender CL2007-39 for the supply and delivery one only 100 foot Aerial/Pumper unit was advertised on the internet and issued to known distributors with bids being received as per . Schedule "A" attached. The tender call provided for the provision of pricing for the supply of a unit built to municipal specifications as well as an alternate price for the supply and delivery of a manufactured unit generally meeting the specifications called for in the tender and ready for immediate delivery. Additional prices were invited for the supply and installation of optional equipment for consideration. A summary of bids received is attached as Schedule A. Three bids were received in response to the tender and on review it was noted that each of the two higher bids did not include pricing for one of the optional equipment items. Carrier Emergency did not provide pricing for the provision of side roll protection while Ontario Fire Truck did not provide pricing on the Ancillary Equipment. In addition, the Ontario Fire Truck submission was lacking in two areas: (1) it failed to provide a complete response to the . specifications for the unit to be built to Municipal specifications leaving several areas in doubt and, (2) it failed to follow instructions for the submission of speCifications for the alternate stock unit by submitting their bid on other than the required tender forms. The low bid submitted by Thibault and Associates was compliant in all aspects. After further review and analysis of the tender by Emergency Services, Operations and Purchasing staff, it was mutually agreed that Thibault and Associates, Drummondville, Quebec, be recommended for the contract to supply and deliver One (1) 100 Foot Aerial/Pumper Unit (Stock Unit) including the optional Ancillary Equipment as required by the Emergency and Fire Services Department. The Side Roll Protection option is included in the price and. following an inspection of the stock unit Fire and Emergency Services has decided against the purchase of the Foam Pro 2002 option. The decision to recommend the purchase of the stock unit is based on the units compliance with specifications, it is lower in cost then the unit built to specifications and can be supplied in approximately one month whereas the built to specification unit will take ten months. The required funds for this acquisition total $823,584.00 (plus GST), well within the budget estimate provided in the 2007 Capital Budget of $1,100,000.00. REPORT NO.: COD-057-07 PAGE 3 Funding for this acquisition will be drawn from the 2007 Emergency Services Capital Budget Account #110-28-388-82803-7401 and financed from the DC - Emergency Services Reserve Fund. The Director of Finance has reviewed the funding requirements and concurs with the recommendations. Queries with respect to department needs, specifications, etc., should be referred to the Director of Emergency & Fire Services. The subject firm has preyiously provided satisfactory service for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 e o .... c:n c .- I. ta - U "- o > .... .- - ta C. .- u .- e ::J :E :: > ~a:: .. <:C W::::E 5::::E C:J wtJ) J:c (.)- tJ)al en M I ...... o o N ..J o ~ w C Z W I- c 'gi= m -gel) ..JtI)~C) <(<efl) I- o::s O (,)- C1)~ I- 0:: - " e,~ i= m~~eI) ..J Cl 0 C) <( ,5 ~ fI) I- "0 ::s O::l - U ~. 1-.5 - ~ o :J ~ I- ~ W a.. :E :J a.. -- ...J <r: ii: w <r: I- o o u. o o ~ o ... a.N E8 CVN o U. _c -0 o ._ /X1:) CI),$ ~O enD:. ~Q. 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WE 1-0 cng (!)- ole SUMMARY OF BY-LAWS November 12, 2007 BY -LAWS 2007-212 Being a By-law to adopt Amendment No. 58 to the Clarington Official Plan (Arnold Geisberger) (Item 6 of Report #1 ) 2007 -213 Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Item 9 of Report #1 ) 2007-214 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 9 of Report #1 ) 2007-215 Being a By-law to Being a By-law to appoint individuals as Parking Enforcement Officer for Private Property (Mark Beenen and Marilynn Hall) (Item 13 of Report #1) 2007-216 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (Mike Hyrnyk, Harry Hirschfeld, Todd Backus, Ben OeWaal and Jason Maas) (Item 13 of Report #1 ) 2007-217 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (Jeffrey Colton, Vernon Sunday, Lorrie Thompson and Christopher Mitchell) (Item 13 of Report #1 ) I I' HAN DOUTS/CIRCU LATIONS FOR COUNCIL ;' c 0 -- +-' ro +-' c ~ +oJ Q) C en :::J Q) E L- Q) .-. 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"0 eo eO'>o ~Q) u~O) 0>> CU _> .- - 0) o 0 en CU "'0 o __ c.. u o .- 0 U N Q) ..c _ ._ m ~ ~ t E >Q) 0)00 en 0"0 -E 2:a CU ::::J U (L en 0) ...... c 0) 0)- U ><~ W en . . C ::::J E ~ E eo Q) E s.... ~ 0>0__ 0 0- c U s.... a.Q) 0 0.. E E ...... c Q) Q) o - () en ~ eo toa. Q)- a. . ~ ~ x en 0 Q) ~ 3: ">':t:::: - t...:._ eo 1i)E+:; ::J E C "ooQ) C en .3: ~ ~ ~ en 0 0 Q) ~ f'.... en:O c s....._ > .- Q) > 0 > "0 s.... 0) 0 <( a. en o () ~ 0) ~ o c.. E 0) ..c ...... . ~ ...... .- . c 0) ~ E cu...... ~~ > C .c CU "'0 en c ::::J CU c.. 0) E ::::J CU O'>U o "- CU ::::J .- 0 "'O:!::::: C en 0) .- c..> 0.8 . (Y\ OJ\ k /-kJK:Lr I kx Submission to Council, November 12, 2007 The provision of this document is conditional upon the Council receiving the Report from Horn & Almand, Chartered Accountants, relating to the Audit of John Mutton. Jim Abernethy must declare a pecuniary interest Members of Clarington Council; 1 have been asked to comment on the audit report of Horn Almand, Chartered Accountants, relating to the audit of John Mutton, by the original four signatories of the audit complaint. The Municipal Elections Act requires a copy of the report to be provided to the complainant by the auditor, and 1 have received a copy from their hands to review. 1 apologize for reading this, but as these comments will be interpreted as public criticism of a colleague, 1 suggest that it would be worth everyone's while to document the details, so that conflicting memories do not come into play. This will certainly limit my abilities to ad-lib, explain, and perhaps answer questions at the end. 1 believe 1 am competent to speak to this matter. As credentials 1 submit the following: 1 have 2 University degrees, 1 obtained my Chartered Accountant and Public Auditors License in 1992, and 1 obtained my Certified Financial Planner license in 1999. 1 was voted Readers Choice "Best Accountant in Clarington", 2005 & 2006. 1 am not independent in relation to this issue - 1 have a number of independence problems including family relationships, and the fact 1 was a former campaign accountant for Jim Abernethy. Everything 1 state here today must be understood to mean "1 believe", even when 1 have omitted this statement. 1 suggest council due their own due diligence. 1 am sure someone will imply "sour grapes" as a motivation - people have a right to their opinion. 1 have forwarded my views to the auditor in question, however the short time span involved has not allowed sufficient time for the auditor to review and comment back on my issues. 1 have been requested to speak to the audit report and findings. 1 feel the need to quote some textbook definitions: The role of the auditor is to provide expert opinion on the accuracy of financial information. The auditor must remain free from bias, and appear to remain free from bias, in order to accomplish that role. The auditor must accumulate sufficient, appropriate audit evidence to support the audit decision. There must be no unreconciled opposing evidence The auditor must either state an opinion or state an opinion cannot be made with the available data. My examination of the documents involved my conversations with the complainants, conversations with the Institute of Chartered Accountants, a review of the auditors published results, and other publicly available documentation such as the Candidate's Handbook, the Municipal Election Act, the candidate's filings, and other documents such as case law. As an initial note, the Municipal Elections act, section 81 requires "An auditor appointed under subsection (4) shall promptly conduct an audit o/the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and prepare a report outlining any apparent contravention by the candidate" In accounting terminology, there is an audit to be performed, and a contravention report to be prepared. An audit has very special status to an auditor. The auditor is bound under section 5815 of the Member's Handbook, "audit reports on compliance with agreements, statutes, and regulations". This section states that the auditor is bound to collect sufficient, appropriate audit evidence to support the audit conclusion, and that the audit conclusion be distributed only in the standard three paragraph format: Auditor's Report on Compliance with <agreement> To <whomever> I have audited <Client's> compliance as at December 31,2006 with the criteria established by <ACT> and the interpretation of such agreement as set out in Note 1 attached. Compliance with the criteria established by the provisions of the agreement is the responsibilities of the management of <Client>. My responsibility is to express an opinion on this compliance based on my audit. I conducted my audit in accordance with generally accepted auditing standards, These standards require that I plan and perform an audit to obtain reasonable assurance whether Client complied with the criteria established by the provisions of the agreement referred to above. Such an audit includes examining, on a test basis, evidence supporting compliance, evaluating the overall compliance with the agreement, and where applicable, assessing the accounting techniques used and significant estimates used by management. In my opinion, Client is in compliance, in all material respects, with the criteria established by <ACT> / The above may be modified provided the basic concepts are left untouched. A Compliance audit must use this form of auditor's report, no exceptions. / The Municipal Election Act states the auditor must also provide a list of ANY Contravention of the Municipal Elections, ~he auditor has no ability to reinterpret the wording of the Act, and the courts have held tha~meansjust that - "ANY". J To non-accountants, the issue becomes basically the auditor accumulates all the evidence, looks at it, and determines the audit decision of whether the candidate is "materially" in compliance or not. The auditor then provides a list of all contraventions without exception and submits that as / well. There are no "material" or "immaterial contraventions". It is possible for one document to be right and the other wrong, however they are derived from the same data. The auditor conclusion is a product of the decisions made as to what testing is required, the results of that testing, what additional data is necessary, and the weight and interpretation of these tests. Since I have not seen the working papers, I am incapable of commenting on the audit decision I may only comment on what is visible in relation to the tests that appear to have been applied, and whether in my experience they would lead to the accumulation of sufficient appropriate evidence to support the audit conclusion. I do feel that I may comment on the contravention report, since this is a results based report. If a contravention exists, it must be recorded. Therefore, if enough persuasive evidence is present to state a contravention exists, then the report can be challenged as apparently deficient. In order to keep a technical issue understandable, I have tried to keep quotes from the Municipal Elections Act to a minimum., The candidate's handbook, available to all, has been quoted where it stands in for legaleze.. The first issue before continuing is that unlike the stuff accountants normally go through, the Municipal Elections Act exists for a different purpose - to conduct fair elections. Some of the rules make the candidate go through hurdles to stay onside, but this is because candidate ease of use doesn't matter. Secondly, the audit is basically a challenge of wrongdoing, which means this becomes a forensic audit, as opposed to a regular "fair presentation of the balance sheet audit". Healthy skepticism is required under the rules. Audit tests must be designed with this in mind. Much like a court, evidence from all sides must be heard, and weight given to evidence to determine fact. Much like court, all evidence must be considered, even evidence that appears to contradict known fact. Unlike a court once all evidence is in, the auditor does not render a "most likely" decision but must reconcile evidence until it all makes sense. The auditor is required to get more evidence until all loose ends are tied up. Who wants to invest in a company whose financial statements are "most likely" correct? In terms of evidence gathering, the auditor letter appears to state that information was gathered from senior staff, the candidate, and the candidate's original auditor. In other words, the person who has been challenged, that persons working colleagues for most of the last decade, and the auditor who's initial work may be challenged. The reference to the Crown Attorney issue requires the auditor to treat statements from senior management with "suspicion" as well. Auditing rules require these to weigh "lightly" when assigning value to evidence. These are adequate as an initial source of evidence, but are valuable to determine the direction of further audit tests. Oral evidence is always insufficient evidence by itself. / Secondly there are indisputably opposing views, based on the original complaint. The original complainants state they had no contact with the auditor prior to the audit result release. As the auditor stated, Sean Keane and my office provided additional information, and neither have received further contact. The auditors statement references the Crown Attorney's office and a / / related issue which will be decided within two weeks, however since I have never been asked for the contact I am unsure how the auditor could have investigated this issue. /The Crown Attorney's decision is directly related to this audit, and I cannot determine why the audit was released two weeks before that very material determination was issued. Regardless of the actual issues, this creates enormous bias perceptions by the public as to the timing, and an audit cannot allow this perception if the profession is to be effective. Although I cannot comment on the audit conclusion, the failure to research opposing views, or to place excessive reliance on non-arms length evidence, are both considered serious audit deficiencies in the accumulation of evidence. A compliance audit requires an understanding of the Act being audited. I detect a number of issues which indicate a lack of understanding of the MEA may be present / (1) Section 67 of the MEA states" The replacement value oj goods retained by the person from any previous election and used in the current election. " The candidates handbook states replacement value must be used. / The auditor uses both cost and fair market values in this report, neither of which is correct, both of which will create an error in the thousands of dollars. / (2) The auditor states matching signs to donations is proper and are since they are period expenses (issue 3) are not carried forward. Section 67 forbids this. The candidates handbook states "For candidates who ran in a previous campaign, all goods from the previous campaign that are brought into the current campaign should be included in the opening inventory even if the material was not included in the closing inventory oj the previous campaign. .I In valuing these campaign materials, replacement value should be used In all instances, proper documentation should be prepared to substantiate any opening inventory value. " / The MEA act has no concepts of commodities, matching, or period expenses. These are business concepts, not election concepts. (3) The auditor states banners had a value of $80/$30, and carried these forward. Same reason as above / (4) Candidate sign expense was $6,000 The closing inventory using the auditor logic was $600 including banners. This is a significant variance due to misinterpretation of wording. There are also a number of closed logic arguments present. A closed logic argument is when all data is present to make a determination: ./ (1) The Candidates handbook states "If a chequeJor a contribution is drawnJrom ajoint J personal bank account, the receipt must be issued to the person who signed the cheque. Where two people have signed a cheque drawn from the joint personal account, the candidate must determine who made the contribution and issue the receipt to that person. " / This avoids a section 70(3) breach. The candidates donors list shows two incorrect donations QED. / / (2) The auditor recognizes the use of a personal credit card used to pay election expenses, in issue 7, discussing another issue. The auditor has failed to recognize the MEA allows expenses to be paid only from the campaign account, section 69, and that debt may only be incurred when deposited directly to the campaign account (section 75). Basically, what good are spending limits if candidates can pay bills from a mix of personal and election sources? Not allowed. Auditor recognized existence but failed to detect. QED / (3) Candidate's campaign ended with payables of $2,000 exceeding receivables by $1,061. Automatic breach, undetected. Section 68(1) terminates the campaign period on December 31. Section 70(20 prohibits further donations even from the candidate, and section 69(1)(c) states the bill must be paid directly from the campaign account. There is no physical way to comply with the MEA after this, because the MEA was designed to prevent a campaign from ending with unpaid bills. Correct procedure was to deposit $1,061 by December 31 to make the account zero, or request an extension to get more donations, in writing. Neither was done, the breach was automatic and visible, undetected. QED (4) The auditor recognized banners having a value (stated $80, but disputed). Failure to carry these forward either into or out of the election constitutes a contravention. The same argument applies for donation signs, the Clarington Leading the Way banner. All have a value, all did not appear on the contravention report as required. Note on the above - in many cases the auditor has argued immaterial value. This is appropriate for an argument related to the audit decision. The contravention report must list ALL contraventions, regardless of belief of size. The auditor has no choice. The above were missing on the auditor report, which is not allowed Two items were identified in the complainants letter that do not appear to have been audited. The complainants challenged 26 duplicate addresses, and the auditors response was "Donors must do their own due diligence", and I detect no further work performed. The Candidate's handbook and the Ontario Ministry website both state "Candidates must make reasonable efforts to satisfy themselves that the contributor is entitled to make contributions". The court case, Chapman vs Hamilton, holds the candidate responsible where "there is some compelling reason,for example a similar corporate name, to do so". Case law and direction directly oppose the auditor's determination. Sean Keane sent issues about Durham Region Heavy Contractors Association and Panoz Motor Sports as his documentation indicated these were unincorporated associations. The auditors response was these "could very likely be incorporated" which indicates no audit tests were performed. This again disagrees with audit requirements The audit correspondence such as "To bring some perspective to this matter.. .", "(we) have determined that Mr. Mutton was a popular elected official... ", and "He undertook his duties with enthusiasm", and "If the applicants are raising this media topic as an issue, we question why the very negative press has not been noted regarding certain personal issues Mr. Mutton was experiencing." and "The evidence suggests that this was an election played out in the media to a significant extent. " indicate a lack of professional detachment. The final phrase represents a conclusion in an area an auditor is not qualified to comment upon, political science. The audit correspondence contains inappropriate audit wording such as "Mr. Mutton advises that likely..." and "Not unusual in the industry..." ,"companies are astute businesses who understand the implications olnon-compliance", "The association in question could very likely...."and "They may very well reach a different conclusion". Auditors can't say this. We are right. The only other determination is we don't comment. The audit correspondence refers to the candidate's actions in 1997,2000, and 2003. These periods were outside of the audit scope, represented unauditable events and personal opinions, and should not have appeared in an auditors report. The auditor is responsible for all statements made in the audit report. The audit report states the candidate's solicitation letter contained the clause "related corporations". My copy of the letter did not. The candidate is described as being a "popular official" even though the candidate only received 26% of the vote during the election in question. The auditor stated that 2003 election signs had no value unless altered with a re-elect sticker, which is both terrible logic and a failure to understand that elsewhere in the letter the auditor confirmed 2003 was the second term of John Mutton's Mayor career and was already a re- election year. Conclusion. I have twenty years of experience in the field. I have never seen an audit report with 1/10 of these concerns, issued in the wrong format, no contact with the complainant, explanations not in accordance with case law, explaining away identified risk areas with "maybe" type explanations, and a final report completely at odds with the requirements of the CA profession. It is my professional opinion that there are significant issues that are visible within the available documentation, and that these have not been documented on the contravention report as required by the auditor. I would therefore determine that there are issues that appear to be "missed". The audit report has been issued in a non-standard, improper format, and the wording does not include the opinion statement "required" of an audit report. It is my opinion that I have sufficient evidence to determine that the audit does not appear to be properly performed, and that the contravention list appears to be missing and/or incomplete. 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