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2007-04-10 City Council

Event date: Tuesday, April 10, 2007, at 6:45 PM

Agenda - Minutes

City Council Agenda
April 10, 2007 at 6:45 PM - Council Chambers

The Lord’s Prayer

Thirty Seconds Of Silent Prayer

National Anthem

1. Adoption of Minutes

Minutes of the meeting of Council held on March 19 and 21, 2007

2. Disclosure Of Pecuniary Interest

3. Delegations – Items on the Agenda

a) Planning Committee Report

None at this time.

b) Committee of the Whole Reports

Mike Beatty will make a delegation regarding The Bridge Earth Day Initiative (CORRESP07-007 - Mike Beatty – Spring Cleaning)

c) Other Items on this Agenda

None at this time

4. Reports And Communications

a) Planning Committee Report No. 5

Planning Committee meeting of March 26, 2007

b) Committee of the Whole Report No. 6

Committee of the Whole meeting of April 2, 2007


5. Notice Of Motion

There are no Notices of Motion.

6. By-Laws

07-041 Being A By-Law To Establish An Arenas, Parks And Recreation Advisory Committee

07-042 Being A By-Law To Authorize Construction Of The $6,399,900 Renovation Of Police Headquarters And The Issuance Of Tax Supported Debentures To A Maximum Of $5,822,000 To Finance A Portion Of The Work

07-043 Being A By-Law To Authorize The Resurfacing Of Pavement On Various Municipal Streets At An Estimated Cost Of $500,000 And The Issuing Of Tax-Supported Debentures To A Maximum Of $500,000 To Finance A Portion Of The Work

07-044 Being A By-Law To Remove A Holding Symbol From The Zoning By-Law For 300 Spillsbury Drive

07-045 Being A By-Law To Authorize Proceedings To The Assessment Review Board

07-046 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Peterborough Housing Corporation

07-047 Being A By-Law To Adopt Amendment No. 133 To The Official Plan Of The City Of Peterborough For Part Of 1371 Hilliard Street And Of 1225 Chemong Road

07-048 Being A By-Law To Amend The Zoning By-Law For Part Of The Property At 1371 Hilliard Street And 1224 Chemong Road

07-049 Being A By-Law To Amend The Zoning By-Law For 194 And 198 Lansdowne Street East

07-050 Being A By-Law To Amend The Zoning By-Law For Lots 23 To 28, 30 To 61 And 67 To 79, Plan 45M-223 (Heritage Park)

07-051 Being A By-Law To Amend By-Law Number 05-077, Being A By-Law To Regulate The Use Of Pesticides Within The City Of Peterborough

07-052 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Kawartha Capital Construction (T-07-07) (Kinsmen Arena)

07-053 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Moloney Project Development Corporation (49 Argyle Street)

7. Other Business

8. By-Law To Approve Actions Of Council

07-054 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On April 10, 2007

9. Adjournment


City Council Minutes
April 10, 2007 at 6:45 PM - Council Chambers

Meeting call to order at 6:45 p.m.

Roll Call:

Councillor Doris

Councillor Eggleton

Councillor Farquharson

Councillor Hall

Councillor Martin

Councillor Pappas

Councillor Peeters

Councillor Vass

Deputy Mayor Clarke

Absent:

Councillor Peacock

Mayor Ayotte

Minutes – March 19 and 21, 2007

Moved by Councillor Pappas, seconded by Councillor Eggleton

That the Minutes of the meetings of Council held on March 19 and 21, 2007, be confirmed.

“CARRIED”


Disclosure of Pecuniary Interest

There were no disclosures of interest.

Delegations

Planning Committee

Paul Dietrich, 637 The Queensway, on behalf of Peterborough and Kawarthas Home Builders Association, made a delegation regarding Item 2 (Heritage Park – Phase II, Proposed Rezoning to Reduce Sideyard Setbacks)

Committee of the Whole

Mike Beatty and Katie Kloosterman representing Fleming College and Carlo Raponi representing the Bridge Youth made a delegation regarding The Bridge Earth Day Initiative (CORRESP07-007 - Mike Beatty – Spring Cleaning)

Phil Jacobs, President, Local 504, made a delegation to item 8, Report USPW07-004, Award of Tender T-11-07 for Grass Cutting, Trimming, Litter And Debris Pick-Up In Various Parks Within The City of Peterborough Grass Cutting Tender

Simone Georges, RR1, Pontypool, representing 4th Line Theatre, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Rob Winslow, representing 4th Line Theatre, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Krista English, Champlain Drive, representing the Travelling World Community Film Festival, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Councillor Peeters left the meeting room at 7:55 p.m. and returned to the meeting room at 7:59 p.m.

Noni Parkinson, representing Peterborough Parent Child Mother Goose, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Bill Kimball, 214 London Street, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Sue Ditta, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Linda Slavin, made a delegation to item 10, Report CSD07-003 City Financial Support to External Organizations Review

Councillor Farquharson left the meeting room at 8:35 p.m. and returned to the meeting room at 8:42 p.m.

Other Items on This Agenda

Paul Dietrich, 637 The Queensway, representing Peterborough and the Kawarthas Home Builder’s Association, made a delegation regarding By-Law 07-047 Being A By-Law To Adopt Amendment No. 133 To The Official Plan Of The City Of Peterborough For Part Of 1371 Hilliard Street And Of 1225 Chemong Road and By-Law 07-048 Being A By-Law To Amend The Zoning By-Law For Part Of The Property At 1371 Hilliard Street And 1224 Chemong Road

Florence Welburn made a delegation regarding By-Law 07-047 Being A By-Law To Adopt Amendment No. 133 To The Official Plan Of The City Of Peterborough For Part Of 1371 Hilliard Street And Of 1225 Chemong Road and By-Law 07-048 Being A By-Law To Amend The Zoning By-Law For Part Of The Property At 1371 Hilliard Street And 1224 Chemong Road

Moved by Councillor Hall, seconded by Councillor Vass

That the rules of procedure be suspended to allow all delegations to speak.

"CARRIED"

Report Number 5 of the Planning Committee

Moved by Councillor Martin, seconded by Councillor Doris

That Report Number 5 of the Planning Committee Meeting of March 26, 2007, be approved.

Councillor Farquharson requested that item 2 be separated from the planning report.

Upon the motion of Councillors Martin and Doris, excluding item 2, the motion carried.

Item 2 – Heritage Park, Phase II, Proposed Rezoning to Reduce Sideyard Setbacks

Upon the vote on recommendations of Item 2, as separated from Planning Report 5, the motion lost. The By-Law will be removed from the agenda as item 2 - Heritage Park, Phase II, Proposed Rezoning to Reduce Sideyard Setbacks was defeated.

Report Number 6 of the Committee of the Whole

Moved by Councillor Hall, seconded by Councillor Vass

That Report Number 6 of the Committee of the Whole Meeting of April 2, 2007, be approved.

Councillor Peeters requested that Item 8 Report USPW07-004, Grass Cutting Tender, be separated from the report

Moved by Councillor Peters, seconded by Councillor Eggleton

That this item be referred to staff for further discussion, to be returned to Committee of the Whole within one meeting cycle.

“CARRIED”

Councillor Farquharson requested that item 10 – Report CSD07-003 City Financial Support to External Organizations Review be separated from the report.

Moved by Councillor Farquharson, seconded by Councillor Hall

That item 10 – Report CSD07-003 City Financial Support to External Organizations Review be referred back to staff for further community consultation, to be returned to Committee of the Whole within one meeting cycle.

"CARRIED"


Moved by Councillor Doris, seconded by Councillor Vass

That the rules of order be suspended to continue past 10 o’clock to complete the agenda, including the by-laws.

“CARRIED”

Upon the original motion of Councillor Hall and Councillor Vass, the balance of Report Number 6 of the Committee of the Whole, carried.

Notice Of Motion

There was no Notice of Motion.

By-Laws

Moved by Councillor Martin, seconded by Councillor Farquharson

That the following by-laws, excluding By-Laws 07-050, 07-047 and 07-048, be read a first, second and third time:

07-041 Being A By-Law To Establish An Arenas, Parks And Recreation Advisory Committee

07-042 Being A By-Law To Authorize Construction Of The $6,399,900 Renovation Of Police Headquarters And The Issuance Of Tax Supported Debentures To A Maximum Of $5,822,000 To Finance A Portion Of The Work

07-043 Being A By-Law To Authorize The Resurfacing Of Pavement On Various Municipal Streets At An Estimated Cost Of $500,000 And The Issuing Of Tax-Supported Debentures To A Maximum Of $500,000 To Finance A Portion Of The Work

07-044 Being A By-Law To Remove A Holding Symbol From The Zoning By-Law For 300 Spillsbury Drive

07-045 Being A By-Law To Authorize Proceedings To The Assessment Review Board

07-046 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Peterborough Housing Corporation

07-049 Being A By-Law To Amend The Zoning By-Law For 194 And 198 Lansdowne Street East

07-051 Being A By-Law To Amend By-Law Number 05-077, Being A By-Law To Regulate The Use Of Pesticides Within The City Of Peterborough

07-052 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Kawartha Capital Construction (T-07-07) (Kinsmen Arena)

07-053 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Moloney Project Development Corporation (49 Argyle Street)

By-Law 07-050 was removed from the list as the report regarding this item of business was defeated.

Councillor Hall requested that By-Laws 07-047 and 07-048 be separated.

07-047 Being A By-Law To Adopt Amendment No. 133 To The Official Plan Of The City Of Peterborough For Part Of 1371 Hilliard Street And Of 1225 Chemong Road

07-048 Being A By-Law To Amend The Zoning By-Law For Part Of The Property At 1371 Hilliard Street And 1224 Chemong Road

Upon the motion of Councillors Martin and Farquharson, excluding By-Laws 07-047 and 07-048, the motion carried.

Councillor Peeters left the meeting room at 10:15 p.m. and returned to the meeting room at 10:18 p.m.

Upon the separated motion for By-Laws 07-047 and 07-048, the motion carried.

New Business

Councillor Pappas requested that a garbage can be installed on the path from Bonnacord Street to the downtown core.

Moved by Councillor Hall and seconded by Councillor Eggleton

That Councillor Hall be permitted to introduce a motion

“LOST”

Moved by Councillor Vass, seconded by Councillor Hall

That Councillor Vass be permitted to introduce a motion

“LOST”

Confirmatory By-Law

Moved by Councillor Pappas, seconded by Councillor Eggleton

That the following by-law be read a first, second and third time:

07-054 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held April 10, 2007

and the said by-law, having been now read a third time and passed, the Mayor and Clerk be authorized to sign and seal the same.

“CARRIED”

Adjournment

Moved by Councillor Peeters, seconded by Councillor Pappas

That this meeting of City Council adjourn at 10:44 p.m.

“CARRIED”

Leigh Doughty

Deputy Clerk

Henry Clarke

Deputy Mayor


 

PLANNING COMMITTEE REPORT NO. 5

MARCH 26, 2007

TO THE COUNCIL OF THE CITY OF PETERBOROUGH, FOR CONSIDERATION AT ITS MEETING HELD APRIL 10, 2007

THE PLANNING COMMITTEE, AS A RESULT OF ITS MEETING HELD ON MONDAY, MARCH 26, 2007, RECOMMENDS AS FOLLOWS:

1. Director of Planning and Development Services

Report PLPD07- 016

194 and 198 Lansdowne Street East

Proposed Rezoning to add Service Commercial Uses

That Council approve the recommendations outlined in Report PLPD07-016, dated March 26, 2007 of the Director of Planning and Development Services, as follows:

That the SP.60 Special District zoning of the property at 194 and 198 Lansdowne Street East, be “modified”, as set out in the draft by-law, included as Exhibit ‘C’ to Report PLPD07-016.

That the draft by-law be approved with the inclusion of items n, o and p, (x)iii and (x)vii only and that the site plan on this property return to Council for approval.

2. Director of Planning and Development Services

Report PLPD07-017

Heritage Park – Phase II

Proposed Rezoning to Reduce Sideyard Setbacks

That Council approve the recommendations outlined in Report PLPD07-017, dated March 26, 2007 of the Director of Planning and Development Services, as follows:

a) That Lots 23 to 28, Lots 30 to 61 and Lots 67 to 79, Plan 45M-223 (Phase II – Heritage Park), be rezoned from R.1,2s – 162 – “H” to R.1,2s,8y – 162 – “H” in accordance with Exhibit ‘C’ to Report PLPD07-017

b) That Section 3.4 – Alternative Regulations of By-Law 1997-123 be amended by adding the following Alternative Regulations – 8. Minimum Building Setback – Side Lot Line (Main Building):

“8.y – 0.6 m on one side for an attached garage”

Council at its meeting of April 10, 2007, made the following recommendation:

Item 2 – HeritagePark, Phase II, Proposed Rezoning to Reduce Sideyard Setbacks

Upon the vote on recommendations of Item 2, as separated from Planning Report 5, the motion lost. The By-Law was be removed from the agenda as item 2 - Heritage Park, Phase II, Proposed Rezoning to Reduce Sideyard Setbacks was defeated.

3. Director of Planning and Development Services

Report PLPD07-009

Application for Draft Plan of Condominium Approval

300 Spillsbury Drive

Three 3 Storey Buildings, each with 30 Dwelling Units

That Council approve the recommendations outlined in report PLPD07-009, dated March 26, 2007, of the Director of Planning & Development Services, as follows:

a) That the Draft Plan of Condominium Application submitted by 1496986 Ontario Inc. to permit the construction of three (3) three-storey condominium buildings, each containing 30 (thirty) dwelling units, and each with 885.7 square metres of floor area, be approved, subject to:

i) a provision in the Condominium Declaration requiring the approval of the Board of Directors of the Condominium Corporation prior to the rental of individual units;

ii) the deposit of a parkland levy, if required, in accordance with The Planning Act, as amended;

iii) the deposit of site work performance security in the amount of $60,000.00 per phase of construction;

iv) the submission of all the technical information requested by the City’s Site Plan Committee;

v) the establishment of an easement in favour of Block 69, Plan 45M-220 for storm water drainage to the satisfaction of the City’s Utility Services Department;

vi) an acknowledgement in the Condominium Agreement of the location an emergency storm water overland flow route on the property; and

vii) a provision in the Condominium Agreement, prohibiting occupancy of units, other than pursuant to an Interim Occupancy Agreement under an agreement of purchase and sale for the unit.

b) That a By-Law be passed to remove the “H” - Holding Symbol from the zoning of the property at 300 Spillsbury Drive, changing it from R.5 – 228 – “H” – Residential District to R.5 – 228 – Residential District.

All of which is respectfully submitted,

Councillor A. Farquharson

Chair of Planning Committee

March 26, 2007


 

COMMITTEE OF THE WHOLE REPORT NO. 6

MEETING OF APRIL, 2, 2007

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD APRIL 10, 2007

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON APRIL 2, 2007, RECOMMENDS AS FOLLOWS:

1. Report FACLK07-007

Appointment of Deputy Mayor

That Council approve the recommendation outlined in Report FACLK07-007, dated April 2, 2007, of the Mayor as submitted by the City Clerk, as follows:

That Councillor Douglas Peacock be appointed as second Deputy Mayor, until December 31, 2007.

2. Report FACLK07-008

Appointment to KawarthaFest

That Council approve the recommendation outlined in Report FACLK07-008, dated April 2, 2007, of the Mayor as submitted by the City Clerk, as follows:

That Councillor Eric Martin be appointed as City Council representative on KawarthaFest until December 31, 2007.

3. Report FAFS07-005

Police Facility Renovation Update

That Council approve the recommendation outlined in Report FAFS07-005 dated April 2, 2007, of the Director of Finance and Administrative Services as follows:

That the Shore Tilbe Irwin and Partners’ presentation, providing an update on the Police Facility Renovation project including working drawings, and their update report attached to Report FAFS07-005 as Appendix A be received.


 

4. Director of Utility Services

Report USPW07-003

Pesticide By-Law Amendment, Lawn Bowling Greens

That Council approve the recommendation outlined in Report USPW07-003 dated April 2, 2007, of the Director of Utility Services, as follows:

That Council amend the Pesticide By-Law to provide lawn bowling greens at the Peterborough Lawn Bowling Club with the same exceptions given to golf courses.

5. Director of Community Services

Report CSD07-002

Revised By-Law for Arenas, Parks and Recreation Advisory Committee

That Council approve the recommendation outlined in report CSD07-002 dated April 2, 2007 of the Director of Community Services as follows:

That Council pass a revised By-Law to establish an Arenas, Parks and Recreation Advisory Committee.

6. Director of Finance and Administrative Services

Report FAFS07-008

Otonabee Region Conservation Authority

Additional 2006 Payment

That Council approve the recommendations outlined in report FAFS07-008 dated April 2, 2007 of the Director of Finance and Administrative Services as follows:

a) That a $16,795 amount be transferred from the City’s 2006 General Contingency provision to the Otonabee Region Conservation Authority budget line.

b) That an additional $16,795 be paid to the Otonabee Region Conservation Authority that represents the City’s share of the Authority’s 2005 operating deficit carried forward to 2006.


 

7. Director of Finance and Administrative Services

Report FAFS07-009

Authority for Property Assessment Appeals

That Council approve the recommendations outlined in report FAFS07-009 dated April 2, 2007, of the Director of Finance and Administrative Services as follows:

a) The City Treasurer and the Tax Collector are hereby individually delegated the authority to commence, maintain and settle proceedings to the Assessment Review Board with respect to property assessment, under Sections 40 and 40.1 of the Assessment Act,

b) And that the City Treasurer and the Tax Collector be authorized to use the most efficient combination of staff and external resources, including the use of Municipal Tax Equity Consultants Inc. as is required to represent the interests of the City when dealing with Assessment appeals,

c) And that Council enact a by-law authorizing the above actions with respect to assessment appeals filed for 2007 and subsequent years and appeals filed in previous years, which are not yet completed.

8. Director of Utility Services

Report USPW07-004

Award of Tender T-11-07 for Grass Cutting, Trimming, Litter And Debris Pick-Up In Various Parks Within The City of Peterborough Grass Cutting Tender

That Council approve the recommendations outlined in Report USPW07-004, dated April 2, 2007, of the Director of Utility Services as follows:

a) That Council award Tender T-11-07 for grass cutting, trimming, litter and debris pick-up in various parks within the City of Peterborough for the years 2007, 2008 and 2009 to Town & Country Lawn Maintenance Ltd., 789 Erskine Avenue, Peterborough, Ontario, K9J 5V1 in the amount of $249,882.68 plus $14,992.96 GST, per year for a total 3 year amount of $794,626.92 including $44,978.88 GST.

b) That Council approve the transfer of $95,382.68 from the Public Works Winter Control Reserve to fund a 2007 budget shortfall for the award of Tender T-11-07.

Council at its meeting of April 10, 2007, made the following recommendation:

That this item be referred to staff for further discussion, to be returned to Committee of the Whole within one meeting cycle.

9. Director of Community Services

Report CSAD07-003

Award of Tender T-07-007

Renovations to Kinsmen Civic Centre Lobby

That Council approve the recommendations outlined in Report CSAD07-003 dated April 2, 2007, of the Director of Community Services as follows:

a) That the budget for the Restoration and Accessibility Upgrades that was approved as Project 6-6.04 in the 2006 Capital Budget, and which included renovations to the Kinsmen Lobby, be increased by $127,841 to $932,841 through the following budget transfers:

i) Project 6-6.01 in the 2007 Capital Budget, for the Evinrude Arena General Maintenance, be reduced from $21,000 to $16,000 and the corresponding $5,000 capital levy be transferred to the Restoration and Accessibility Upgrades Project.

ii) That Project 6-6.02 in the 2007 Capital Budget, for the Kinsmen Arena General Maintenance, be reduced from $34,000 to $19,000 and the corresponding $15,000 capital levy be transferred to the Restoration and Accessibility Upgrades Project.

iii) That Project 6-6.06 in the 2007 Capital Budget, for the purchase of an Ice Resurfacer for the Evinrude Arena, be deleted and the $75,000 capital levy be transferred to the Restoration and Accessibility Upgrades Project.


 

 

iv) That Project 6-7.03 in the 2007 Capital Budget, for the replacement of Water Piping at the Peterborough Memorial Centre, be deleted and the $30,000 capital levy be transferred to the Restoration and Accessibility Upgrades Project.

. v) That $2,841 be withdrawn from the Arena Equipment reserve and transferred to the Restoration and Accessibility Upgrades Project.

 

b) That the proposed elevator replacement at the Evinrude Centre that was to be undertaken as part of the $805,000 Restoration and Accessibility Upgrades Project 6-6.04 in the 2006 Capital Budget, be deferred.

 

c) That Tender T-07-07, as amended, for the Renovations to Kinsmen Civic Centre Lobby be awarded to Kawartha Capital Construction of 727 The Kingsway, Unit A, Peterborough, ON for an amount of $899,846 plus GST of $62,989 for a total amount of $962,835.

d) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.

10. Director of Community Services

Director of Social Services

Report CSD07-003

City Financial Support to External Organizations Review

That Council approve the recommendations outlined in Report CSD07-003 dated April 2, 2007, of the Director of Community Services and the Director of Social Services, as follows:

It is recommended that the City of Peterborough:

a) Continue to provide financial support through a variety of means including: property tax rebates to registered charities, property tax exemptions, Municipal Capital Facilities, support for parades and processions, capital projects and special events, in-kind support, interest-free loans, and direct project-specific appeals;

b) Consolidate the funding support to NFP’s currently receiving funding as a result of transfers, operating grants, and municipal cultural facilities into the proposed Community Services Grant program;

c) Restrict the number of ways that NFP’s can receive City support to no more than two;

d) Continue to invest in the quality of life of its local residents by supporting the activities of NFP’s that are located, and conduct the majority of their activities, within the geographic boundaries of the City;

e) Establish a Community Project Grant program to provide seed money for informal or new NFP’s for specific projects and special events;

f) Replace the existing Community Grants Program with a Community Investment Program to provide annual or multi-year program and operating grants for established incorporated NFP’s;

g) Direct the appointment of a community-based Grant Advisory Committee to review all Community Investment Grant applications in 2007 and to make recommendations to City staff;

h) Establish Community Service Grant Agreements for all NFP’s currently receiving City funding through transfers, operating grants, or designated as Municipal Capital Facilities;

i) Review the role and activities of all NFP’s that are eligible for the Community Investment Program or that received Community grants in the past, during the term of this Council, to determine which organizations should be considered for funding through the Community Service Grant Program;

j) Conduct a comprehensive review in 2010 to evaluate the proposed changes and to determine future direction.

Council at its meeting of April 10, 2007 made the following recommendation:

That item 10 – Report CSD07-003 City Financial Support to External Organizations Review be referred back to staff for further community consultation, to be returned to Committee of the Whole within one meeting cycle.

11. City Administrator

Report CAO07-004

Additional Funds – Jackson and Curtis Creek Environmental Assessments

That Council approve the recommendation in Report CAO07-004 dated April 2, 2007 of the City Administrator, as follows:

That $125,000 be added to the Jackson Creek and Curtis Creek Environmental Assessments purchase order with UMA Engineering Inc.

12. CORRESP07-007

Mike Beatty – Spring Cleaning

The Bridge Earth Day Initiative on April 21, 2007

That CORRESP07-007 be received for information and that the group be invited to make a presentation to City Council.

All of which is respectfully submitted,

Councillor Hall

Chair of Committee of the Whole

April 2, 2007