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HomeMy WebLinkAbout02/13/2006 ~!!!f!Pgron DATE: MONDAY, FEBRUARY 13, 2006 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES Ot-= PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on January 30, 2006 PRESENTATION Dr. Leith Douglas - Guinea Pig Presentation DELEGATIONS a) Reid Hasted - Correspondence Item D - 14 b) David Rice, Ridge Pine Park Inc. - Report PSD-014-06 COMMUNICATIONS Receive for Information 1-1 P.M. Madill, Regional Clerk, Region of Durham - Clean Water Act 2005 I - 2 P.M. Madill, Regional Clerk, Region of Durham ~ Planning and Conservation Land Statute Law Amendment Act 2005 I - 3 Craig Burch, Director of Education, Durham District School Board - Annual Report for 2005 1-4 Mary Ann Martin, Chair, Board of Trustees and Patricia A. Manson, Director of Education, Durham Catholic District School Board - Canada-Ontario Immigration Agreement CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Council Agenda -2- February 13, 2006 1-5 Dr. Donald R. Richardson, Senior Consultant, Communications and Consultation, Gartner Lee Limited - Cameco's Vision 2010 Project I - 6 Ronald Hooper, Chairman, Board of Management, Bowmanville Business Centre - West Bowmanville Developments 1-7 Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay, Epidemiologist, Durham Region - Snapshot on Enteric Illnesses I - 8 Minutes of the Durham Nuclear Health Committee Meeting dated January 13, 2006 1-9 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax - Veridian Corporation - City of Belleville 1-10 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax - Veridian Corporation - Municipality of Clarington I - 11 Marilyn Pearce, Mayor, Township of Scugog - Appointment of Bev Hendry, CAO 1- 12 Sharon Dionne, Chair, Urban Development Institute/Ontario Durham Chapter- Proposed Growth Plan from UDI/Ontario 1-13 P.M. Madill, Regional Clerk, Region of Durham - Province's Proposed Growth Plan for the Greater Golden Horseshoe 1- 14 Madeleine Meilleur, Minister of Culture - Ontario Heritage Act I - 15 Dwight Duncan, Minister of Finance and John Gerretsen, Minister of Municipal Affairs and Housing - Ontario Municipal Partnership Fund I - 16 Federation of Canadian Municipalities - Key Municipal Issues 1-17 Hardiner S. Takhar, Minister of Transportation - Provincial Gas Tax 1-18 John O'Toole, MPP, Durham - General Motors of Canada Limited in Oshawa 1-19 P.M. Madill, Regional Clerk, Region of Durham - Regional Business Plans and Budgets Council Agenda - 3 - February 13, 2006 Receive for Direction D - 1 Bill and Frances Huether - Proposed Heritage Conservation District D - 2 Kim Goyne - Proposed Heritage Conservation District D - 3 Catherine Crawford, Assistant Location Manager - Request for Road Occupancy D - 4 David Staples, Parade Chairman, Durham Central Fair - Durham Central Fair Parade D - 5 John and Pat Rundle - Proposed Heritage Conservation District D - 6 John O'Toc':, MPP, Durham - Noise Abatement Along Highway 401 in South Bowmanville D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice - Canada Day D - 8 Cathy Vincelli, Executive Director, Paralympics Ontario - Bid Guidelines D - 9 P.M. Madill, Regional Clerk, Region of Durham - Bill 206, Ontario Municipal Employees Retirement System, 2005 D - 10 Municipality of Grey Highlands - Establishment of New Renewable and Non- Renewable Energy Projects D - 11 Stephen Keast, Clerk, Town of The Blue Mountains - Establishment of New Renewable and Non-Renewable Energy Projects D - 12 Michael Angemeer, Chair, Durham Strategic Energy Alliance - Durham Strategic Energy Alliance Board of Directors D - 13 Diane Cane, County Clerk, Northumberland County - OMERS Program D - 14 Reid Hasted - Request for Repairs to the Walkway D - 15 Cathy Pitcher, Executive Assistant, Board of Governors, Durham College - Governor of the College MOTION NOTICE OF MOTION Council Agenda -4- February 13, 2006 REPORTS 1. General Purpose and Administration Committee Report of February 6, 2006 2. Report PSD-018-06 - Municipality of Clarington Comments - DurhamNork Residual Waste Disposal Study - Proposed Terms of Reference for the Environmental Assessment UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CJaJjl1~1011 lAttd"'t: I", H.... c_. Council Meeting Minutes January 30, 2006 Minutes of a regular meeting of Council held on January 30,2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Manager, Transportation & Design, Engineering Services, L. Benson Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Financeffreasurer, N. Taylor Director of Emergency Services, G. Weir Clerk II, C. Tennisco Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-029-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on January 16,2006, be approved. "CARRIED" Council Meeting Minutes -2- January 30, 2006 MAYOR'S STATE OF CLARINGTON ADDRESS Mayor Mutton stated that in 2006 Clarington can look forward to a strong economic growth with 700,000 sq. ft. of commercial development and the possible announcement of the Environmental Assessment for CANDU newbuild. Mayor Mutton highlighted various departmental activities, as follows: PLANNING SERVICES DEPARTMENT . CIP Plans moving forward with the Municipality's Grant program providing for improved cO:-.-.:nercial facades, new signage and improvements to heritage buildings in historic downtowns. Almost $35,000 in grants were approved in Orono and Bowmanville in 2005; . Environmental stewardship programs with the Municipality working with residents and businesses to improve the health of our ecosystems by restoring creek valleys and natural areas; . As the development of existing neighbourhoods planned in the 80's is nearing completion, three new neighbourhoods are in the planning stages. The Municipality is proceeding to adopt "new urbanist" development standards that will allow for more walkable, better designed neighbourhoods. Brookhill and Northglen in Bowmanville and North Village in Newcastle are now under consideration by the Municipality; . Great progress has been made on acquiring new waterfront lands that will allow us to develop a waterfront park to open in 2007. Expropriations are an unfortunate but necessary part of providing the land base for major waterfront parks. In Newcastle, additional lands have been acquired to expand the Bond Head parkette; and . The Municipality is responding to major planning policy initiatives of senior levels of government. The Province's "Places to Grow" is designed to stem sprawl, provide critical transportation infrastructure with an emphasis on transit and to provide resources to rejuvenate old city centres. We continue to lack, however, the strong fiscal tools required to reflect our 21 st century responsibilities and the needs and expectations of our residents. EMERGENCY SERVICES DEPARTMENT . Amendment to the Ontario Fire Code comes into effect March 1, 2006 which will require residential dwelling units to have a working smoke alarm on EVERY storey. This is in addition to the existing requirement of having smoke alarms outside ALL sleeping areas. Penalties for not having working smoke alarms in all the required locations will result in a $235. ticket and/or an Ontario Fire Code charge of up to $25,000. Council Meeting Minutes -3- January 30, 2006 COMMUNITY SERVICES DEPARTMENT Newcastle Recreation Facility . Design of this new facility is currently underway by Shore, Tilbe, Irwin Partners; . Final design to be completed in late spring to be tendered in the summer; and . Facility is scheduled for completion late in 2007. Brian McFarlane Hockey Museum . Construction of the building and the development of the interior museum design is to be completed for the Fall 2006; and . Marketing LJynamics is currently working with staff on the development of a marketing plan for the operation of the museum. Program Highlights . Partnership with Lakeridge Health Oshawa in providing a cardiac rehabilitation program at the Bowmanville Indoor Soccer Facility; . Initiating the Parks and Recreation Ontario "High Five" program that will provide staff the necessary tools to offer children quality assured leisure programs; and . Teen Fit Club program designed for teens 13 - 17 offering a program geared to healthy lifestyle and active living. Future Facilities Planning . The Treasurer and Director of Community Services have been asked to investigate the possible repurposing of the Darlington Arena with a twin pad replacement to be built in the short term. ENGINEERING SERVICES DEPARTMENT Building Permits - 2005 . In 2005 we issued 1150 building permits for a construction value of $203.2 million; and . Industrial building permits were up 408%. Council Meeting Minutes -4. January 30, 2006 Engineering Forecast 2006 · Clarington Staff have been successful in convincing GO Transit to provide express bus service from Bowmanville directly to the Oshawa GO Train station in Oshawa. GO Transit intends to run three express buses from Bowmanville directly to the GO Train in the morning, and three more back to Bowmanville in the evening. The service which will commence shortly will include the construction of a Park and Ride Parking lot that will accommodate 85 vehicles. The lot, which is being constructed south of the Clarington Corners plaza, on Prince William Blvd., will also offer a heated shelter, with innovative new, solar powered lighting; · Clarington Transit has been successfully handed over to the Region of Durham and a seamless and integrated regional transit service across Durham is now a reality that includes the residents of Clarington; · Clarington will work with the Province to identify short term remedial improvements to our interchanges for inclusion in the MTO 2006 budget process. Also, the MTO will commission a detailed corridor study that will identify major capital improvements for the future; · Construction of the Mill Street underpass is proceeding in stages with the first stage being the relocation of the watermain. The balance of the project will include two additional stages; the first will be the extension of major culverts and the final stage will be the construction of the road and underpass. The culvert work is expected to occur this summer and the road underpass works are expected to commence in the fall of 2006; · The Green Road/Baseline Road project includes the reconstruction of the intersection, lowering it by 14 feet and the construction of Green Road from Baseline Road north of the railway; · Development of the West Bowmanville area (Home Depot), will initiate the construction of Green Road northerly from Hwy #2 and Stevens Road from Green Road to Regional Road #57; · 2006 will see the completion of Phase 1 of the Bowmanville Community Park with 4 tournament quality, lighted ball fields. The Grand Opening of Phase 1 will be held on June 10, 2006. In 2006 the lighted football field will be constructed providing a permanent home for the Clarington Tiger Cats Football Club. Future phases will include a major outdoor soccer complex on the east portion of the site; Council Meeting Minutes -5- January 30, 2006 . In 2005 we completed another section of new recreational trail, this time along the Soper Creek Valley from King Street to Soper Creek Park. This is the first phase of a Soper Creek trail system that will eventually extent another 2km north into the St. Stephen's neighbourhood. Future plans include extending both the Bowmanville Creek and Soper Creek trails south to connect with the Waterfront Trail; and . Three new neighbourhood parks were completed in 2005. Pearce Farm Park and Brookhouse Parkette in Newcastle, and Barlow Court Parkette in Bowmanville are now open for public use. Other 2006 park projects of interest . New ball diamond lighting at Harvey Jackson Park in Kendal; . The design and site selection for a skateboard park in Courtice will occur in 2006 with construction anticipated in 2007; and . Construction of the first phase of the Port of Newcastle Waterfront Park will occur in 2006. The main component of phase 1 will be the construction of a recreational trail overlooking the Lake from Toronto Street to the Marina. The trail will also be extended north along the Graham Creek to connect with Port of Newcastle Drive. PUBLIC MEETING A Public Meeting is being held to hear concerns and comments with respect to the Municipality's by-law to stop up and close a portion of Winnstanley Street identified as Parts 22 and 23 on Reference Plan 40R-23873 situated in Lot 9, Concession 2, Former Town of Bowmanville and to authorize the conveyance of Part 22 on Reference Plan 40R-23873 situated in Lot 9, Concession 2, Former Town of Bowmanville to Phip Ltd. No one spoke in support of or in opposition to By-law 2006-018. Council Meeting Minutes -6- January 30, 2006 PRESENTATIONS Roger Anderson, Durham Regional Chair, provided Council with his annual State of the Union Address. Mr. Anderson reflected on events from 2005 and the challenges facing Durham Region in 2006 as follows: Events in 2005: · Signing of the Gas Tax Agreement - Durham Region will receive 4.9 million in gas tax funds; · Signing of the Memorandum of Understanding on Affordable Housing; · Provincial Rei.~c21 Subsidy Program - rental and supportive housing projects; · Reforms to the Planning Act and the Ontario Municipal Board - the OMB's role will be shifted to reviewing municipal decisions for errors, rather than a decision maker; · Attorney General's announcement for the new Durham Courthouse in Oshawa; · Regional Headquarters was completed on time and within budget; · Transition to Regional Transit - five existing transit operations under one umbrella allows residents to cross the Region on a single DRT ticket for $2.50; · The Region submitted the Terms of Reference for Environmental Assessment of a residual waste facility in partnership with York Region; · The Region participated with Clarington and Pickering, in the Nuclear Waste Management Organizations to a solution for long-term storage of used nuclear fuel; · Rural Development Strategy - the Region is working hard to support farmers and raise the profile of our rural business. Durham Region in 2006: · Working with Durham Farm Fresh Association to develop "Savour Durham" - as part of Ontario's culinary tourism strategy; · Construction of the Courtice Water Pollution Control Plant - largest regional capital project; · Clarington and the Region hope to see new nuclear investment at Darlington - prospect of expanded nuclear facilities in response to the energy gap; · Investment in infrastructure is the key to Durham's economic development - road projects include rehabilitation work on Regional Roads 3, 9, and 42. Challenges in 2006: · Municipalities continue to fall behind on infrastructure investment - federal and provincial governments required to address the fundamental under-funding of responsibilities loaded onto municipalities and secure commitments made by the previous government for gas tax, infrastructure programs and child care spaces; Council Meeting Minutes -7- January 30, 2006 . The Clean Water Act would empower new restrictions on land uses in source protection zones and the responsibility and expense of enforcing restrictions to the municipalities - municipal participation is required to obtain the objectives; . Project Beacon and other research initiatives (hybrid cars) will bring new jobs to the Region. In closing, Mr. Anderson stated gun violence is on the rise along with the potential health threat of the Avian Flu; these are difficult problems. Working in partnership with Durham Regional Police and the Health Department these issues will give us the ability to deal with natural disasters and other events beyond our control. Mayor Mutton presented Mark Hendrikx, President, Martha Hendrikx, Secretary, Karen Bastas, T;"asurer, and Tom Broadfoot of the Newcastle Santa Claus Parade Committee a "Citation of Community Spirit" in recognition of the wonderful sense of community spirit and success of the 15 Annual Newcastle Santa Claus Parade. Resolution #C-030-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Julie Jones and Dave Hardy, Hardy Stevenson and Associates Ltd. be added to the Agenda as delegations regarding Item #3 of Report #1 (PSD-007 -06). "CARRIED" DELEGATIONS Gerry Mahoney advised prior to the meeting that he would not be addressing Council with respect to the Port Granby Project. Sarwan Sahota, South East Clarington Ratepayers Association, addressed Council regarding Report PSD-007 -06 - Port Granby Project and stated the following outstanding concerns: . storing of low-level radioactive waste in an engineered mound is experimental; . the lack of a bottom double liner; . no mention of the development of a contingency plan; and . should the Low Level Radioactive Waste Management Organization make changes from the preferred conceptual design to a detailed engineering design, will the Municipality have the power to intervene? In closing, Mr. Sahota is requesting the Municipality ask the authorities to establish an Assessment Review Panel to assess the viability of the conceptual design, Council approve an acceptable preferred option, in principle only, and require the LLRWMO to submit the final engineering design for the Port Granby Project before proceeding with the construction phase. Council Meeting Minutes -8- January 30, 2006 Harvey Thompson advised prior to the meeting that he would not be addressing Council with respect to the Port Granby Project. Barb Spencer advised prior to the meeting that she would not be addressing Council with respect to the Port Granby Project. John Stephenson addressed Council regarding Report PSD-007 -06 - Port Granby Project and_stated the following observations/comments: · original design was said to consist of three layers; however, now contains only two layers; and · inconsis~Jncies in the Municipal Peer Review Team Report; the soils are not suitable for capillary liner. In closing, Mr. Stephenson is requesting two new layers be added to the original design; a Geo-synthetic clay liner and a HDPE geo-membrane to increase the mechanical strength of the base liner, placing an HDPE geomembrane under the capillary layer and above the capillary break layer. Mr. Stephenson does not favour the introduction of the capillary layer in the mound without an impermeable membrane underneath it. Mr. Stephenson addressed Council regarding Report PSD-009-06 - Places To Grow stating he believes the Report is based on fundamental error derived from Modern Economic Theory. He stated that the world we live in is changing and the three main elements to this change are: . Global Warming; . Global Population; and . World Oil Supply. In closing, Mr. Stephenson stated a good planning process will start moving our communities in the direction of sustainable (or steady state) life styles and economies. Afrika Nieves-Bentley, addressed Council requesting financial support for Leaders Today that will be sending twenty five students who will be travelling to Kenya to help build a school. In order to raise funds, Afrika is hosting a guest speaker at her school on February 10, 2006. The speaker, Major Brent Beardsley, served as a UN peacekeeper and assistant to Lt. General Romeo Dallaire, the man who led the UN mission in Rwanda. Julie Jones was in attendance but advised Council she would not be speaking. Dave Hardy, Hardy Stevenson and Associates, presented a slide show to Council regarding the "Peer Review of the Enhanced Facility Design". The purpose of Council Meeting Minutes -9- January 30, 2006 Mr. Hardy's delegation was to provide a progress report; share findings of the Municipal Peer Review Team regarding enhanced facility design versus the double liner, and review the team's recommended design enhancements and suggestions for engineering studies during detailed design. Mr. Hardy advised the following: . Conclusions - Enhanced Facility Design - provides a safe and durable facility; - protects underlying till and prevents leachate from contaminating groundwater; and - ensures redundancy of the overall system. . Double Liner - Concerns regarding long term institutional controls and precipitation entering the mound; . Stren~+~s of Enhance Facility Design - engineering has shifted to "prevention" and away from cure; - reduces amount of leachate produced in the mound - provides an effective backup for the cover system - operates passively based on natural capillary action and is durable - lessens the reliance on institutional controls - constructed using local materials recycled from the cell excavation - not exposed to the elements nor to leachate - active monitoring system - repairable Resolution #C-031-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Council recess for five minutes. "CARRIED" The meeting reconvened at 8:52 p.m. COMMUNICATIONS Correspondence Item I - 12 was distributed as a handout. Resolution #C-032-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda. "CARRIED" Council Meeting Minutes 1-1 T04.HW 1- 2 C06.KA 1- 3 C06.ST 1-4 C06.CL 1- 5 C06.CL 1- 6 C06.SA 1- 7 C06.TY 1- 8 C06.GA 1- 9 E05.0N 1-10 C06.CL I - 11 C06.CL 1-12 C06.NE -10- January 30,2006 John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from The Honourable Harinder Takhar, Minister of Transportation, regarding the 407 East Environmental Assessment (EA) Study. Mr. T akhar estimates that it will take approximately three years to conclude the Environmental Assessment Study. Minutes of the Kawartha Conservation meeting dated December 7, 2005. Minutes of the St. Marys Cement Community Relations Committee meeting dated December 14, 2005. Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated January 10, 2006. Minutes of the Clarington Older Adult Association Board of Directors meeting dated January 10, 2006. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated December 13, 2005. Minutes of the Tyrone Community Centre meeting dated January 9, 2006. Minutes of the Ganaraska Region Conservation Authority meeting dated December 14,2005. Keith Miller, President and K. Robert Malcolmson, CEO and General Manager, Greater Oshawa Chamber of Commerce, advising Council that they are in support of the Region of Durham's and the Municipality of Clarington's resolutions supporting the Nuclear New Build at the Darlington Nuclear Generation Station liB" site. Minutes of the Clarington Traffic Management Advisory Committee meeting dated November 17, 2005. Minutes of the Clarington Museums and Archives Board meeting dated January 4, 2006. Mark Hendrikx, President, Martha Hendrikx, Secretary, and Karen Bastas, Treasurer, The Newcastle Santa Claus Parade, thanking Council for their support of the first annual Newcastle Santa Claus Parade. Council Meeting Minutes -11- January 30, 2006 CORRESPONDENCE FOR DIRECTION Resolution #C-033-06 Moved by Councillor Pingle, seconded by Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 8, D - 9, and D - 10. 0-1 M02.GE D-2 C12.LA C12.HI 0-3 C12.CL 0-4 M02.GE D-5 C06.CL "CARRIED" Art Short, Lions Club of Bowmanville, requesting permission to occupy the bridge over the Bowmanville Creek at King Street West (Highway 2) on ~aturday, June 17, 2006, for their annual Rubber Duck Race. (Approved provided the organizations apply for and obtain a Road Occupancy Permit) Johanna de Boer, submitting her resignation from the Local Architectural Conservation Advisory Committee and the Highway 407 Community Advisory Committee. (Resignations received, a letter be sent to Ms. de Boer thanking her for her service to the Committees and correspondence referred to the Municipal Clerk) Don Carter, submitting his resignation from the Clarington Traffic Management Advisory Committee. (Resignation received, a letter be sent to Mr. Carter thanking him for his service to the Committee and correspondence referred to the Municipal Clerk) Deborah Hunter, Office Administrator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada, requesting Council to proclaim the month of Mayas MS Carnation Month and she is also requesting permission to sell carnations from Friday, May 12 to Sunday, May 14, 2006. (Proclaimed and permission granted to sell carnation from Friday, May 12 to Sunday, May 14, 2006) Keith Kelly, submitting his resignation from the Clarington Accessibility Advisory Committee. (Resignation received, a letter be sent to Mr. Kelly thanking him for his service to the Committee and correspondence referred to the Municipal Clerk) Council Meeting Minutes -12- January 30, 2006 0-6 T07.GE C06.CL D-7 M02.GE D-8 R06.GE Sandra Kranc, City Clerk, City of Oshawa, advising that the City of Oshawa on January 16, 2006, passed the following resolution: "THAT correspondence dated December 19, 2005, from Councillor Gord Robinson, Municipality of Clarington providing a copy of the Municipality of Clarington's slow moving vehicle triangle sign as an alternative to the sign being promoted by the Region of Durham be received for information." - ~ (Correspondence referred to the Director of Planning Services and to the Agricultural Advisory Committee) The Honourable Lincoln Alexander, Chairman, Ontario Heritage Foundation, inviting Council to participate in the Ontario Heritage Foundation's "Young Heritage Leaders Program" to recognize young volunteers who are involved in protecting, preserving or celebrating heritage in the community. The deadline for nominations is March 10,2006. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) Jack Sinclair, Executive Director, Eastview Boys and Girls Club, proposing to take the lead in launching the first Regionally coordinated swimming safety program for elementary students in Durham Region. During the summer of 2005, there were an unprecedented number of drownings in Ontario a majority of victims were new Canadians to Canada whose families experience difficulties to access swimming lessons. The agency proposes that a partnership between the Regional Municipality of Durham, Catholic School Board, Durham District School Board and Eastview Boys and Girls Club, form a collaborative partnership with Durham's eight municipalities. The municipalities, school boards and Eastview Boys and Girls Club could provide a "donation in kind" of pool time and schedule aquatic instructors/lifeguards, and busing. These costs would be invoiced back to the Region of Durham by the municipalities and school boards. Funding could come from the National Child Benefit program. Resolution #C-034-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 8 be referred to the Director of Community Services, the Kawartha Pineridge District School Board, and Peterborough Victoria Northumberland and Clarington Catholic District School Board. "CARRIED" Council Meeting Minutes 0-9 C10.GE -13- January 30, 2006 Carolyn Downs, City Clerk, City of Kingston, advising that the City of Kingston on January 10, 2006, passed the following resolution: "THAT Council adopt the following strategy in response to the looming heating crisis for low income families: Immediate . $20,000 from the remaining unallocated 2005 Ontario Works Placement Enhancement Fund be allotted to the existing Utility Bank funds . $10,000 be provided to support the Warm Room operations proposed by the Housing Action Coalition (as approved by Council December 13, 2005) Short Term (January 1, 2006 - June 1, 2006) . An allotment of $23,770 from the Housing Divisio n 2006 budget to enhance the Utility Bank Fund . $50,000 for a Utilities Outreach Position, from the Working Fund Reserve, reporting to the Community & Family Services Department located within the City of Kingston (as approved by Council December 6, 2005) . Revisions to the Utility Bank Program such that it would become a grant program rather than a grant/loan program, with a maximum grant payout of $750 . An increase in the Ontario Works discretionary benefit maximum for eligible Ontario Woks recipients to a maximum of $500 per household with eligibility being once within every 12 month period rather than every 24 months . Consider expanding this strategy to include ODSP recipients pending a comprehensive consideration of budget impact and staffing resources issues Long Term . Support staff in researching and developing a comprehensive and integrated homelessness strategy in collaboration with community groups and Utilities Kingston, which will include among other things, possible service enhancements, streamlining access to funds, emergency shelter provision and use, development enhanced and expanded community partnerships, and improving the energy efficiency of residential buildings; AND FURTHER THAT a copy of this resolution be circulated to the Honourable John Gerretsen, M.P.P., the Honourable Dalton McGuinty, Premier, the Honourable Donna Cansfield, Ontario Minster of Energy, the Association of Municipalities of Ontario and all municipalities on our standard mailing list for endorsement; Council Meeting Minutes -14- January 30,2006 AND FURTHER THAT the province be requested to match community raised funds." Resolution #C-035-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT the resolution of the City of Kingston regarding the Heating Crisis for Low Income Families be received for information. "CARRIED" D -10 L 11.GE S09.GE Betty de Haan, CAO/Clerk, Township of South Stormont, advising that theTownship of Stormont on January 11,2006, passed the following resolution: "WHEREAS one of the most historic sites, namely St. Andrews Cemetery is located in St. Andrews West, Township of South Stormont, Province of Ontario; AND WHEREAS this cemetery is the final resting place of Ontario's first . Premier, the late John Sandfield MacDonald; AND WHEREAS this cemetery is the resting place of Simon Fraser, the great Canadian explorer; AND WHEREAS these gravestones and the stone wall around the cemetery has deteriorated substantially, restoration and preservation of this and all other important Ontario historical sites is imperative; AND WHEREAS Bill 25, An Act to preserve the gravesites of former Premiers of Ontario, presented by MPP Jim Brownell, which will require the Minister of Culture to mark gravesites of former Premiers of Ontario and permit the Minister to make agreements for the care and preservation of such gravesites, has received first reading. NOW THEREFORE BE IT RESOLVED THAT Council of the Township of South Stormont strongly supports Bill 25 and urges the Province of Ontario to approve the Private Member's Bill to preserve the gravesites of former premiers of Ontario; AND FURTHUR BE IT RESOLVED THAT this resolution be circulated to The Honourable John Gerretsen, Minister of Municipal Affairs, The Honourable Madeleine Meilleur, Minister of Culture, Jim Brownell, MPP, and AMO for distribution to all Ontario municipalities for endorsement and support. Council Meeting Minutes -15- January 30,2006 Resolution #C-036-06 Moved by Councillor Schell, seconded by Councillor Foster THAT the resolution of the Region of Durham regarding Bill 25, An Act to Preserve the Gravesites of Former Premiers of Ontario be endorsed by the Council of the Municipality of Clarington. "CARRIED" MOTION NOTIGE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - January 23, 2006 Resolution #C-037 -06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of January 23, 2006, be approved with the exception of Item #3. "CARRIED" Resolution #C-038-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD;.007-06 be received; and THAT a copy of Staff Report PSD-007 -06 and Council's decision be forwarded to all interested parties indicated in Report PSD-007-06. "CARRIED" Council Meeting Minutes -16- January 30, 2006 Report #2 - Report PSD-010-06 - Joint Board Decision on Phase 1 Appeal Involving Official Plan Amendment 39 to Port Darlington Neighbourhood Secondary Plan and the Applications for Approval to Expropriate 66 East Beach Road and the West Beach Lands Owned by Port Darlington Harbour Company Resolution #C-039-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report PSD-010-96 be received for information. "CARRIED" Report #3 - Confidential Report EGD-006-06 - Property Matter Resolution #C-040-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT the recommendations contained in Confidential Report EGD-006-06 be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-041-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Regional Chair, Roger Anderson be thanked for his presentation. "CARRIED" Resolution #C-042-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT John Stephenson's comments regarding Places to Grow (Item #5 of Report #1) be forwarded to the Province of Ontario. "CARRIED" Council Meeting Minutes -17- January 30, 2006 Resolution #C-043-06 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the request of Afrika Nieves-Bentley for funding be referred to the Mayor's Office. "CARRIED" OTHER BUSINESS Regional Update Councillor Schell ~dvised Council the Region of Durham Region Planning Committee will be holding a Public Meeting in regard to the Official Plan on February 2, 2006 in the Council Chambers of the Municipality of Clarington. Boards and Committees Update Councillor Foster advised of the upcoming Wetland Stomp fund raiser to be held on February 25,2006. He noted that John O'Toole will be the guest speaker at the Clarington Accessibility Advisory Committee meeting on February 2,2006. Councillor MacArthur advised Council that the budget for Kawartha Conservation has been approved; allocating $300,000 to the Durham Region. Also, the Clarington Older Adult Association's budget for 2006 was approved with a mere 0.25% increase. He announced the unveiling of the new shelter at the Samuel Wilmot Nature Area will take place at the Earth Day Event on April 22, 2006. In closing, Councillor MacArthur noted hunting along the lake continues to be a concern; Conservation Officers are working with the Samuel Wilmot Nature Committee on this matter. Councillor Pingle advised Council that St. Marys will be holding another Open House this summer. She announced that Tyrone will host their 2nd annual Valentines Dance on February 11, 2006 at the Tyrone Community Centre. Mayor Mutton advised that Durham Regional Police Services will be attending a future Council meeting with a presentation on the regulation of replica firearms in Clarington. Councillor Robinson advised Council of a concern in regards to incorrect addresses on Veridian bills due to street name changes. Resolution #C-044-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT a list of street name changes be forwarded to Veridian. "CARRIED" Council Meeting Minutes -18- January 30, 2006 BY-LAWS Resolution #C-045-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-007 to 2006-020, inclusive and that the said by-laws be now read a first and second time: 2006-007 being by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2006-008 being by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2006-009 being a by-law to authorize entering into an agreement with the Owners of lands subject to Part Lot Control application ZBA 2005-022 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of Part Lot Control application ZBA 2005-022 2006-010 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-011 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2006-012 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-013 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services Ltd., Cobourg, Ontario, to enter into agreement for the Mill Street Watermain Realignment, Newcastle, Ontario 2006-014 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Canada Post Corporation, Ottawa, Ontario, to enter into agreement for Mail-In Voting Services 2006-015 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dominion Voting Systems Corporation, Toronto, Ontario, to enter into agreement for the Supply of Automated Count Process for Municipal Elections Council Meeting Minutes -19- January 30, 2006 2006-016 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Langley Utilities Contracting, Bowmanville, Ontario, to enter into agreement for the Street Lighting Improvements at Various Locations 2006-017 being a by-law to declare Parts 22 and 23 on Reference Plan 40R- 23873 situated in Lot 9, Concession 2, Former Town of Bowmanville to be surplus 2006-018 being a by-law to stop up and close as a public highway a portion of Winnstanley Street identified as Parts 22 and 23 on Reference Plan 40R-23873 situated in Lot 9, Concession 2, Former Town of Bo'.';nanville and to authorize the conveyance of Part 22 on Reference Plan 40R-23873 situated in Lot 9, Concession 2, Former Town of Bowmanville to Phip Ltd. 2006-019 being a by-law to authorize an agreement between The Regional Municipality of Durham and The Corporation of the Municipality of Clarington 2006-020 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2006. "CARRIED" Resolution #C-046-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-007 to 2006-020, inclusive be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-04 7 -06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-021 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 30th day of January, 2006, and that the said by-law be now read a first and second time. "CARRIED" Council Meeting Minutes -20- January 30,2006 Resolution #C-048-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-021 be approved. "CARRIED" ADJOURNMENT Resolution #C-049-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting adjourn at 9:05 p.m. "CARRIED" MAYOR MONICIPAL CLERK SUMMARY OF CORRESPONDENCE FEBRUARY 13, 2006 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1-1 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT Report #2006-CQW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be endorsed and submitted to the Province as the Region's response to the December 5, 2005, EBR posting (AA05E0001) on Bill 43, the Clean Water Act 2005; b) THAT the Province should articulate and discuss with municipalities and others, its overarching vision of the source water protection program including legislative, regulatory, funding, program and partnership activities; c) THAT the Province should make firm multi-year funding commitments to all aspects of the source water protection initiative, not just plan preparation; d) THAT Provincial legislation to enable Source Protection Planning should: i) Rationalize, harmonize and integrate the basic source water protection requirements now described in a variety of acts and policies (Nutrient Management Act, Planning Act, Greenbelt Act, Provincial Policy Statement) into a single comprehensive policy statement on protection of drinking water sources; ii) Rationalize and clarify the roles of planning authorities and jurisdictions in protection of water quantity and quality; iii) Create Source Protection Committees for Conservation Authority areas rather than for larger source protection regions to enable meaningful local participation by citizens and municipalities; iv) Require the Minister to have regard for municipal resolutions and comments on the Source Protection Plan; v) As recommended by Justice O'Connor, focus on use of existing legislative and regulatory tools and mechanisms to implement source protection policies; Summary of Correspondence - 2 - February 13, 2006 vi) Minimize the duplication between the process to develop the Source Protection Plan (SPP), and the subsequent process to bring the Municipal Official Plan into conformity with the SPP; e) THAT the Province should retain primary responsibility to enforce Source Protection Plans by: i) Utilizing its existing powers (e.g. under the Safe Drinking Water Act) to enter, inspect, order compliance, etc., in support of SPPs, since the Province is the approval authority for the Plan; and ii) Properly funding and exercising its authority to regulate industries and businesses that transport, use or create potential source water contaminants (e.g. chemicals, fuels, pesticides) to ensure compliance with those regulations; f) THAT the Province should provide an option for upper or single tier municipalities to conduct, by agreement with the Province, certain source water protection enforcement activities; g) THAT the Province should ensure that farmers are required to prepare only a single environmental protection plan for their farm and provide funding to assist farmers in reaching compliance with SPP requirements; h) THAT Source Protection Plans should be results-based and focus effort and investment on activities that will produce meaningful improvements in drinking water safety, overall water quality, and long-term sustainability of the water source; i) THAT the Province should recognize that in many cases, financially assisting people to meet the source protection requirements will be a more effective investment in achieving the desired results than legal action; j) THAT a copy of Report #2006-COW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be forwarded to the Minister of the Environment (MOE), the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, the Association of Municipalities of Ontario and Durham's area municipalities and Conservation Authorities (CAs)." Summary of Correspondence - 3 - February 13, 2006 1-2 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT a copy of Report #2006-P-3, of the Commissioner of Planning be forwarded to the Province as Durham Region's response to Bill 51, the Planning and Conservation Land Statute Law Amendment Act 2005; and b ) THAT a copy of Report #2006-P-3 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, and the eight area municipalities." I - 3 Craig Burch, Director of Education, Durham District School Board, providing Council with a copy of the Annual Report for 2005. 1-4 Mary Ann Martin, Chair, Board of Trustees and Patricia A. Manson, Director of Education, Durham Catholic District School Board, writing to Council regarding the Canada-Ontario Immigration Agreement of November 21,2005, in which the Region of Durham is a designated limited partner. They are requesting that Council help to win spending provisions for the needs of immigrant children and youth from the agreement. I - 5 Dr. Donald R. Richardson, Senior Consultant, Communications and Consultation, Gartner Lee Limited, advising Council that Garner Lee Limited has been retained by Cameco Corporation to engage area residents in shaping plans for renewal of its Port Hope facility as part of Cameco's Vision 2010 project. Vision 2010 is a large, long-term investment in Port Hope that builds on work now underway through the federally funded Port Hope Initiative. I - 6 Ronald Hooper, Chairman, Board of Management, Bowmanville Business Centre, advising Council that the Boards of Management of Bowmanville, Newcastle and Orono are seeking to present their arguments to the Ontario Municipal Board regarding the proposed offer made in connection with the West Bowmanville Developments. 1-7 Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay, Epidemiologist, Durham Region, providing Council with a copy of the Snapshot on Enteric Illnesses. I - 8 Minutes of the Durham Nuclear Health Committee meeting dated January 13, 2006 (Copy attached) Summary of Correspondence - 4- February 13, 2006 1-9 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the following resolution: "THAT the resolution of the Council of the City of Belleville regarding the proposed expansion of Veridian Corporation hydro services within Belleville be endorsed." 1-10 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the folloviing resolution: "THAT the resolution of the Municipality of Clarington regarding the proposed expansion of Veridian Corporation hydro services within the Municipality of Clarington be endorsed." I - 11 Marilyn Pearce, Mayor, Township of Scugog, advising Council of the appointment of Bev Hendry as the new CAO of the municipality. Leading the senior management team for the Township, Ms. Hendry will oversee the delivery of services, strategic planning and administration for the Township employees and over 22,000 residents. I - 12 Sharon Dionne, Chair, Urban Development Institute/Ontario Durham Chapter, writing to the Honourable Minister David Caplan, advising him that he will be receiving comments with regard to the Proposed Growth Plan from UDI/Ontario, which speaks on behalf of their industry. Without derogating from those industry-wide comments, they would like to comment on how the Proposed Growth Plan will impact community building in their end of the Greater Golden Horseshowarea. 1- 13 P.M. Madill, Regional Clerk, Region of Durham, providing Council with a copy of Report 2006-P-9 of the Commissioner of Planning regarding the Province's Proposed Growth Plan for the Greater Golden Horseshoe. I - 14 Madeleine Meilleur, Minister of Culture, providing Council with a copy of a bulletin outlining regulations that have been made to implement the amended Ontario Heritage Act. These regulations mark a major step forward for heritage conservation in Ontario. I - 15 Dwight Duncan, Minister of Finance and John Gerretsen, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2006. The government is increasing OMPF funding to $707 million in 2006, $51 million or 7.7% more than the 2005 OMPF funding announced last March. This increase in funding reflects the government's commitment to supporting municipalities and ensuring that the OMPF grants continue to remain up to date and responsive to municipal financial needs. Summary of Correspondence - 5 - February 13, 2006 I - 16 Federation of Canadian Municipalities, advising that they are optimistic about continued support for municipal issues with the new Prime Minister and his government. During the campaign, FCM President Kovach wrote to the four party leaders asking them to spell out their positions on key municipal issues. In its response, the Conservative Party committed "to include municipalities in discussions of issues related to their jurisdiction and concerns." It also expressed strong support for efforts to develop a long-term plan .for the gas-tax transfer, maintain infrastructure funding, and address the fiscal problems affecting municipal governments. I - 17 Hardiner S. Takhar, Minister of Transportation, advising Council that they are continuing to deliver on their commitment to dedicate two-cents per litre of the provincial gas tax to municipalities for public transit. Between October 2004 and October 2005 they provided $156 million of gas tax funding, staring with one-cent per litre towards 83 transit systems serving 110 municipalities. This year between October 2005 and October 2006 they will provide $232 million in gas tax funding, or one and one-half cents per litre. The Municipality of Clarington will be eligible to receive an allocation of $554,659 for the period October 1, 2005 to September 30, 2006. I - 18 John O'Toole, MPP, Durham, thanking Council for providing him with a copy of Clarington's resolution supporting General Motors of Canada Limited in Oshawa and a comprehensive auto strategy for Canada. 1-19 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT the 2006 Timetable for the review of the detailed Regional Business Plans and Budgets (as outlined in Attachment #1 of Report #2006-F-1 of the Commissioner of Finance) be adopted with a final Council approval date scheduled for April 19, 2006; b ) THAT staff be authorized to notify the public of Regional Council's intention to adopt the 2006 Regional Business Plans and Budgets for Property Tax Purposes, and the 2006 Business Plans and Budgets for the Police Services Board, Durham Region Transit Commission and Outside Agencies at its regularly scheduled meeting of April 19, 2006; and c) THAT a copy of this report be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities." Summary of Correspondence - 6 - February 13, 2006 CORRESPONDENCE FOR DIRECTION o - 1 Bill and Frances Huether, providing Council with their questions pertaining to the Proposed Heritage Conservation District: 1. There is no "partway" on Heritage District designation. How can there be a three year pilot designation? If an owner on Beech wishes to sell his home, does he declare to the Real Estate agent that the home is Heritage, Non-Heritage, or what, during this three year pilot? 2. If other streets are to be designated in the future, who will bear the cost of preparing individual guidelines for each? 3. A proposal was put forth at Council that the present guidelines be available as advisory material for all owners in Clarington. This seemed to have the support of all concerned. The guidelines were prepared at great cost. Does this mean that only Beech Avenue will have access to this service? (Motion to advise of actions taken with respect to Report PSD-012-06) o - 2 Kim Goyne, advising Council that she does not want her home or her neighbourhood subject to the proposed Heritage Conservation District. She notes that she supports the "James-Humber Compromise" of implementing educational programs in lieu of district designation. (Motion to advise of actions taken with respect to Report PSD-012-06) 0-3 Catherine Crawford, Assistant Location Manager, requesting permission to close Lakeshore Road East from Park Lane to Riley Road on Thursday, February 7,2006, to film a Motion Picture entitled "Blaze". (Motion to approve the actions taken by the Municipal Clerk pertaining to the issuance of a Road Occupancy Permit) D - 4 David Staples, Parade Chairman, Durham Central Fair, requesting Council's permission to hold the annual parades associated with the Durham Central Fair on Friday, September 8,2006 and Saturday, September 9, 2006. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit) Summary of Correspondence - 7 - February 13, 2006 D - 5 John and Pat Rundle, advising Council that they are opposed to the idea of the heritage designation for the entire area known as Old Bowmanville as originally suggested and note that they approve of the "James-Huber Compromise." They had hoped that the idea would be generally accepted as the best solution to the problem and that their neighbourhood would become amiable again. (Motion to advise of actions taken with respect to Report PSD-012-06) D - 6 John O'Toole, MPP, Durham, advising Council that he has received an inquiry from a constituent regarding noise abatement along Highway 401 in south 30wmanville. It has been brought to his attention that, with the re-grading of some of the property between Baseline Road and Highway 401, the south end of town is more vulnerable to noise. It would appear that the removal of berms, a railway spur and vegetation means that some of the nOise from the highway is no longer blocked. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice, inviting Council to partner with the club to bring this exciting day to Clarington. Their July 1, community event will be back at the Garnet B. Rickard Recreation Complex with activities starting at 5:00 p.m. and ending shortly after dusk with an amazing fireworks display. He would be happy to meet to discuss the plans for 2006 and why the Municipality should be an important partner in this fabulous community initiative. (Motion for Direction) D - 8 Cathy Vincelli, Executive Director, Paralympics Ontario, providing Council with a copy of the Bid Guidelines for hosting the 2007 Ontario Paralympic Summer Championships. As one of the Ontario Games Programs, Paralympics Ontario works in partnership with the Sport Alliance of Ontario to deliver the Ontario Paralympic Summer Championships. Bids are due in the Paralympics Ontario office no later than Friday, April 28, 2006, 4:00 p.m. (Motion for Direction) 0-9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT AMO's position in opposition to Bill 206, Ontario Municipal Employees Retirement System, 2005 be supported; b) THAT copies of this resolution and Report #2006-F-4 of the Commissioner of Finance, be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders, all Durham MPP's and the area municipalities; and Summary of Correspondence - 8 - February 13, 2006 c) THAT the area municipalities be requested to endorse this resolution and forward similar resolutions to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders and all Durham MPP's." (Motion for Direction) D - 10 Municipality of Grey Highlands, advising Council that the Municipality of Grey Highlands on January 9, 2006, passed the following resolution: "WHEREAS the Municipality of Grey Highlands considers the establishment of new renewable and non-renewable energy projects to have significant local land use planning implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects III Ontario from the Planning Act if they are an undertaking or class of undertakings within the meaning of the Environmental Assessment Act; AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screening process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new energy projects; THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Grey Highlands does not support the position of Bill 51 and their concerns be submitted on the Environmental Bill of Rights Registry at http://www.ene.Qov.on.va/envreqistrv/026868ea.htm; FURTHER THAT this resolution be circulated to all Ontario Municipalities seeking their support by submitting their concerns on the Environmental Bill of Rights Registry." (Motion for Direction) 0- 11 Stephen Keast, Clerk, Town of The Blue Mountains, advising Council that the Town of The Blue Mountains on January 16, 2006, passed the following resolution: "WHEREAS the Town of The Blue Mountains considers the establishment of new renewable and non-renewable energy projects to have significant local land use planning implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects in Ontario from the Planning Act if they are an undertaking or class of undertakings within the meaning of the Environmental Assessment Act; Summary of Correspondence - 9 - February 13, 2006 AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screen ing process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new energy projects; THEREFORE BE IT RESOLVED THAT Council of the Town of The Blue Mountains does not support the position of Section 23 of Bill 51 for the aforementioned reasons and that the position of Council with regard to Section 23 of Bill 51 be submitted to the Environmental Bill of Rights Registry and forwarded to John Gerretson, Minister of Municipal Affairs and Housing, Donna Cansfield, Minister of Energy, Jim Wilson, Simcoe- Grey M~P and the Association of Municipalities of Ontario." (Motion for Direction) D - 12 Michael Angemeer, Chair, Durham Strategic Energy Alliance (DSEA), requesting confirmation of Clarington's representation on the newly formed Durham Strategic Energy Alliance Board of Directors. The Municipality has been well represented by Suzanne McCrimmon, Clarington Board of Trade. The DSEA is in the process of registering as a non-profit corporation, which will be concluded early in the New Year. Mr. Angemeer is requesting that he receive a response by February 28, 2006. (Motion for Direction) 0- 13 Diane Cane, County Clerk, Northumberland County, writing to Roger Anderson, President, Association of Municipalities of Ontario, advising that the Council of the Northumberland County on December 14, 2005, passed the following resolution: "NOW THEREFORE BE IT RESOLVED that Northumberland County put the Ontario Provincial Government on notice that we refuse to accept the transfer of administration and financial costs associated with the OMERS program; AND FURTHER this transfer represents additional downloading on municipal governments which are already financially strapped due to programs downloaded by the previous Ontario government; AND FURTHER that is motion be circulated to AM.O., ROMA, Eastern and Western Ontario Warden's Caucus', the Provincial Government, MPP Dwight Duncan, Minister of Finance, Premier of Ontario Dalton McGuinty and all other levels of government in Ontario; AND FURTHER this motion be forwarded to AMO and ROMA for delegate discussion at the 2006 conventions." (Motion for Direction) Summary of Correspondence - 10- February 13, 2006 0- 14 Reid Hasted, writing to Council regarding the pathway beside his home and the repairs that are required. He is requesting that the walkway be closed and the land split up evenly between the four adjoining residents. (Motion to refer correspondence to the Director of Operations) o - 15 Cathy Pitcher, Executive Assistant, Board of Governors, Durham College, inviting the submission of name(s) of any individual(s) that would be an effective Governor of the College. Ms. Pitcher has provided a copy of the College's Values and Mission Statement. The College has three vacancies for the term beginning September 1, 2006 and is seeking candidates. Candidates should posses one or more of the following qualifications: · experience in business, social services and/or health services . strong leadership skills · past and/or current community involvement . diversity inclusive of the community Letters of interest and resumes are to be received by February 17, 2006. (Motion for Direction) LOCATION DATE TIMF, MEMBERS OBSERVERS & PRESENTERS [....,.~<'~'i'~,..",.i" 'J!U"""l_~ t :- f.:;~ , ~''"I:.,.~ - . ~- ,- T~~ ~~: ~. ;.,....: L l. to; , '. __ _ _'-"" ,..,_,,,,,,~.,=<>...-- t ACt{~ BY "";_~;,""" -----1.- I I=-~-.-' -~~:~- ----t ' t~~~:-= .=j~:~~~ . I t..., ." "..-,"I'..'....,~'...,...---.,...~~-,.,~ .:'..-~.,..,,-""'..,. ,.!... ., ,-..:.......,,-~ '06FEBOl AM11 :35:16 1-8 DURHAM NUCLEAR HEALTH COMMITTEE (DNHC) MINUTES OF MEETING Darlington Nuclear Site Engineering Services Building Third Floor Boardroom Clarington, Ontario 'RECEIVED JAN 3 0 2006 MUNICIPALITY OF CLARINGTON MAYOR'S OFFICE January 13,2006 AGENDA 1 :00 PM Dr. Robert Kyle, Durham Region Health Department (DRHD) ( Chair) Ms. Mary-Anne Pietrusiak, DRHD (presenter) Mr. Ken Gorman, DRHD Mr. Frank Bajurny, Ontario Power Generation (OPG) Dr. Dave Whillans, OPG Mr. Phil Dunn, Ministry of the Environment Mr. Alex Heydon, Public Member Mr. Ken Shrives, Public Member Ms. Norma Drummond, Public Member Ms. Lorraine Weigel, Public Member Dr. Gerry Gold, Public Member (Presenter) Dr. Barry Neil, Public Member Mr. Hardev Bains, Public Member Mr. Brian Devitt, DRHD (Secretary) Mr. Randy Leavitt, OPG (Presenter) Mr Gregory Smith, OPG (Presenter) Mr. John Coleby, OPG (Presenter) Mr. Irv Benovich, OPG (Presenter) Ms. Vanessa Hughes, OPG (Presenter) Mr. Don Terry, OPG (Presenter) Mr. Lloyd Murray, Durham Region Works Department (presenter) Mr. Gordon Reidt, DEMO Mr. Ross MacEachern, DRHD (presenter) Mr. Pat Lucas, OPG (Presenter) Ms. Sue Stickley, Low Level Radioactive Waste Management Office (LLRWMO) (Presenter) Ms. Judy Herod, LLRWMO Ms. Janice Szwarz, Municipality ofClarington Mr. Anthony Waker, University of Ontario Institute of Techllology -?; ,.,-,-".. Ms. Anne Marie Holt, Haliburton, Kawartha, Pine Ridge District Health '.:Unit Ms. Janice Hudson, OPG , REG~TS Robert Kyle, Chair of the DNHC, opened the meeting and welcomed everyone. Gregory Smjth, Senior Vice-President of Darlington Nuclear, welcomed the DNHC and reported on Darlington. Last year was a very strong year for Darlington Nuclear. It was the best year yet in terms of hUHlan performance and the forced loss rate (the length of time units are unavailable due to unplanned maintenance). In 2005, Darlington had the lowest forced loss rate of any multi-unit nuclear station in Canada. . It is well-known that throughout the nuclear industry that the best run stations are the safest and most profitable as well. Therefore, Darlington places a lot of emphasis on their plans to improve station reliability, equipment performances as well as all aspects of safety. Currently, Darlington managers and supervisors are communicating to their staff Darlington's business plan for 2006 including plans and targets for work to be done on station equipment. Darlington is constantly working towards improved performance, which is monitored by the World Association of Nuclear Operators (WAND) in Atlanta. As well, the sister organization, the Institute of Nuclear Power Operators (INPO), administers a system to rate the performance of nuclear stations around the world. Darlington is striving to be in the top quartile for performance and be among the best in the industry. The top quartile for performance is 98 out of 100. 1.0 Adoption of the Agenda The Revised Agenda was adopted. 2.0 Adoption of the DNHC Minutes of the November 18, 2005 meeting The Minutes were adopted with a correction to the spelling of Mike Morton's name in 4.4. 3.0 Correspondence 3.1 Dr. Kyle's office received the minutes of the Pickering Community Advisory Council meetings for November 2005. 2 3.2 Dr. Kyle's office received a copy of the resolution by the Municipality of Durham to endorse the resolution of the Municipality of Clarington that fully supports the construction of a new Nuclear Generating Station at Darlington Nuclear site "B", dated December 12, 2005. 3.3 Dr. Kyle's office received a letter from the LLRWMO updating the progress on the Port Granby Project and an invitation to a community meeting on January 16, 2005 at the Newtonville Community Hall, dated December 22,2005. 4.0 Nuclear Power / Environmental Issues 4.1 Report on the Safe Shutdown State of Units 2 and 3 at Pickering A Randy Leavitt, Director of Project Support, provided a presentation on the safe shutdow~. ,)fUnits 2 and 3 at Pickering A. The highlights of his presentation were: . OPG senior management decided that the restart of Units 2 and 3 would not proceed because the financial risk for the return on investment did not make a good business case. . OPG will place Units 2 and 3 in a long term safe storage state until the remainder of the station is ready for decommissioning. . Both reactors will be defuelled and the heavy water removed from the moderator and heat transport systems. . Some modifications will be required to upgrade the fuelling machines to safely defuel the reactors and provide sufficient storage of space for the heavy water. . The 4 Units at Pickering A are interconnected for fire protection and the common containment system and must not be compromised as Units 2 and 3 are shut down. . Units 2 and 3 cannot be readily separated from the remainder of the station and must be accessible for staff to walk through to work in Units 1 and 4. . The Main Control Room and the Irradiated Fuel Bay for Pickering A are located between Units 2 and 3 in the centre of the station and cannot be separated from Units 1 and 4. Randy estimated the transition to Safe Storage State of Units 2 and 3 will take 2-3 years. Randy answered many questions about the project and will bring a progress report to the DNHC in about one year. Randy Leavitt can be reached at (905) 839-1151 extension 6878 or bye-mail at randv.leavitt@opg.com for more information. The overheads Randy used are attached as Appendix 1. 4.2 Implementation of Recommendations and Suggestions by Operation Safety Review Team (OSART) on Unit 4 at Pickering A Update 3 John Coleby, Senior Vice-President of Pickering A Nuclear, gave a presentation on the outcome of the last OSART visit from September 5-9, 2005. The highlights of John's presentation were: . OSART is a team of international nuclear plant experts who first came to Pickering Nuclear in February 2004 to review the operation and safety of Unit 4 that had recently restarted on invitation of the Canadian Government and the Canadian Nuclear Safety Commission (CNSC). . OSART missions review nuclear plant performance and programs against international best practices. . OSART prepared a report of their findings in February and presented the report to the CNSC in July 2004. . The OSAR T report had 12 recommendations, 11 suggestions and 7 good practices listed. . OSART followed up with a mission from September 5-9, 2005 to check on the implementations of their recommendations and suggestions with a report for the CNSC. . The results of the September mission were 43% of the issues were fully resolved and 57% were progressing satisfactorily. No issues were evaluated as having unsatisfactory progress. John indicated a presentation of the OSART evaluation will be made to the CNSC in February or March 2006. The OSART report of the September 2005 mission will be released to the public after the meeting with the CNSC. John will have copies of the report provided to Robert Kyle and the DNHC. John Coleby can be reached at (905) 839-1151 extension 3260 or bye-mail at iohn.colebv@opg.com for more information. The overheads John used are attached as Appendix 2. 4.3 Monitoring of Radioiodine in Ash at the York-Durham Pollution Control Plant Update Irv Benovich, Senior Technical Expert for OPG, provided an update on the potential impacts of Iodine-13l at the York-Durham Water Pollution Control Plant. The highlights ofIrv's presentation were: . In February 2004, concern was expressed by Dr. Barry Neil, Public Member for the DNHC, that Iodine-13l monitored by OPG in the incinerator ash of the York-Durham Pollution Control Plant may have potential health effects for the workers in the plant and the community near the plant. . The origin of the Iodine-13l was determined not to be from nuclear generating stations but from medical diagnostic and treatment use. 4 . An action plan was developed after discussions initiated by the DNHC with OPG and the Durham Region Works Department (DRWD) in June 2004. . OPG assisted the DRWD by providing their expertise and laboratory services and conducted a study from September 2004 - September 2005 by: . o Measuring exposure rates near the ash and the plant o Analyzing rain water collected under the incinerator plume . The laboratory results showed no detectable Iodine-13I in any sample of rainwater within 500 metres downwind from the incinerator stack. . The total dose of Iodine-13I near the incinerator ash was not statistically different from the building background radiation detected. . Conclusion - There is no concern for adverse health effects for the workers at the plant or to the community due to Iodine-13I at the current levels. Lloyd Murray, from the DRWD, indicated the expertise and service provided by OPG staff was greatly appreciated. Dr. Barry Neil also was very satisfied with the investigation conducted as result of his concern. Robert Kyle thanked OPG and DRWD staff for their efforts to investigate and report to the DNHC on this issue over the past several months. Irv Benovich can be contacted at (905) 839-6746 extension 5092 or bye-mail at irv.benovich(ciJopg.com for more information. 4.4 Port Granby EA Update Sue Stickley, Communications Officer for the LLRWMO, provided an update on the Port Granby EA Project. The highlights of her presentation were: . The LLRWMO completed the Draft EA Study Report fQr the Port Granby Project and incorporated additional investigations requested by the Municipality of Clarington: o Install an additional composite liner for additional environmental protection o Construct an underpass beneath Lakeshore Road for trucks hauling waste o Upgrade the municipal roads affected by the project prior to commencement of moving material . The LLRWMO developed 3 additional base liner system options for the Municipality to consider but an enhanced cover system designed with a capillary drainage system was recommended as the best option to address the issues of environmental protection. . The LLRWMO recommended the construction of the underpass. . The LLRWMO will cost share the road repairs with the Municipality. 5 . The Municipality and the Municipal Peer Review Team for Clarington indicated the capillary drainage layer was a better solution for environmental protection than an additional composite liner because: o Keeps the waste dry rather than containing contaminated leachate o Uses natural material found on site therefore less trucking is needed o Becomes a non-mechanical, paSSIve system and therefore IS maintenance free o Sensors within the capillary layer can provide early detection and location of cover system leakage o Monitoring of the capillary barrier system is a relatively easy process . Public Information sessions were held at the Newtonville Town Hall in J. ~ovember 2005 to present the new capillary drainage layer design and the Draft Project Discussion Group Terms of Reference to local residents. . Next steps include: o January 16, 2006, a community meeting at the Newtonville Community Hall is scheduled to discuss the Draft Terms of Reference for Port Granby Project Discussion Group that will be in place for a trial period of one year o January - March 2006, the LLRWMO staff and consultants will revise the Effects Assessment Studies for the Draft Environmental Assessment Screening Report (EASR) with the design chan13e recommendations and present it to the Council of the Municipality of Clarington and the public for comments o June 2006, the Council of the Municipality of Clarington will consider consent for the "preferred option" for the Port Granby Project o Spring 2007, Federal Responsible Authorities will issue the Draft EASR for public comment o Fall 2007, Responsible Authorities will finalize the EA Screening Report for public comment o Early 2008, LLRWMO will submit the detailed licensing submission to the CNSC for approval o Summer 2008, construction will begin on the Port Granby Long- Term Low-Level Radioactive Waste Management Facility Sue Stickley will continue to update the DNHC on the progress of the Port Granby EA Project. Sue can be reached at (905) 885-1092 or bye-mail at stickleys(@aecl.ca for more information. 4.5 Darlington Nuclear Waste Management Facility (WMF) Update Pat Lucas, Technical Section Manager of Used Fuel Dry Storage, provided an update on the WMF project for Darlington Nuclear. The highlights of Pat's presentation were: 6 . CNSC EA Decision was received November 7,2003. . CNSC Construction Licence Hearing was July 9,2004. . Engineering Procurement Contract was awarded April 2005. . Construction is expected to begin on April 19, 2006. . Substantial completion of the project is expected on August 27,2007. . The close-out of the project is expected on September 4,2007. The DNHC will be provided regular updates on the progress of the WMF project at Darlington Nuclear. Pat Lucas can be contacted for more information at (800) 263-8009 extension 1521 or bye-mail at pat.1ucas(ZiJopg.com for more information. 4.6 Pickering Nuclear WMF Update Pat Lucas provided an update on the WMF expansion at Pickering Nuclear. The highlights of his presentation were: . CNSC Decision on the EA was released on May 28, 2004 to proceed with the application to amend the Pickering WMF Operating Licence. . CNSC granted the Construction Licence to OPG on December 23, 2004. . EA Follow-up Plan was approved by the CNSC in July 2005. A meeting with City of Pickering and other key stakeholders will be scheduled soon. . Engineering and design work was started in 2005 and will be completed soon. . Construction is expected to begin in late 2006 with the WMF in-service by 2008. The DNHC will be provided regular updates on the progress of the WMF at Pickering Nuclear. Pat Lucas can be reached at (800) 263-8009 extension 1521 or bye-mail at patJuca(a)opg.com for more information. 5.0 Health Effects 5.1 Progress Report on the Health Department's Radiation and Health in Durham Region Mary-Anne Pietrusiak, Epidemiologist for the DRHD, provided a brief update on the pro gress being made on, the research and preparation of the report on Radiation and Health in Durham Region since the last meeting. The Health Department is still attempting to obtain data from Cancer Care Ontario (COO) but COO is concerned that privacy legislation prevents them from releasing the data. The Health Department received support, on January 9, 2006, from the Research Ethics Board of the Research Institute of Lakeridge Health Corporation, 7 for release of the cancer data from COO. If COO recognizes this decision, the cancer data for Durham Region should be available to the Health Department soon. Mary-Anne presented the congenital anomaly results for the Health Department's Radiation and Health in Durham Region report at a scientific meeting of the Canadian Congenital Anomalies Surveillance Network in Ottawa in November 2005. Her presentation of Durham Region statistics and findings were very well received. Mary-Anne Pietrusiak will continue to update the DNHC on the progress of the report Radiation and Health in Durham Region. Mary-Anne can be reached at (905) 668-4113 extension 3185 or bye-mail at mary- anne.pietrusiak@region.durham.on.ca for more information. 5.2 Report on the Health Department's Preparedness for Pandemic Influenza Outbreaks Ross MacEachern, Manager, Environmental Health Division, provided a detailed presentation of the Health Department's preparedness for an influenza pandemic. The highlights of Ross' presentation were: . Influenza is a severe, acute, respiratory illness called the 'Flu' with abrupt onset of symptoms and most people are sick for a few days with some needing medical attention. . The illness is spread by coughing/sneezing, contact with contaminated hands or surfaces. . The incubation period varies from 1-3 days, people are communicable for 3.:- 5 days and infectious 24 hours prior to the onset of symptoms. . Influenza A hosts are humans, birds, pigs, horses and mammals, Influenza B hosts are mainly humans and Influenza C are also humans but it is not a major health concern. . Influenza A can jump the species barrier and has caused all previous Influenza pandemics. · Seasonal Influenza occurs every year and affects about 500,000 deaths globally and there are effective vaccines and antivral drugs available. . Pandemic Influenza occurs on average every 30 years causing severe illness and death and affects all age groups globally for which there is no effective vaccine. In 1918 the 'Spanish Flu' killed approximately 40 million people worldwide. . The World Health Organization (WHO) suggests the next pandemic could cause 2-7.4 million deaths, disrupt society, cause major economic losses and WHO experts predict it is inevitable and imminent. . Pandemics of the 20th Century were in 1918 causing 20-40 million deaths, 1957 causing 2 million deaths and 1968 causing 1 million deaths. 8 . Lessons learned from past pandemics are; they behave unpredictably, rapidly surge in numbers of cases, mostly originate in parts of Asia and unfold in waves. . Approximately 30 countries have developed Pandemic Plans including Canada. . Canada expects 11,000-58,000 deaths with 34,000-138,000 hospitalizations, 2-5 million outpatients and 4.5-10.6 million people critically ill and unable to work for at least half a day. . Ontario has developed a detailed plan, Ontario Health Pandemic Influenza Plan, based on international and international guidelines. . Ontario expects 5,000-12,000 deaths with 22,000-52,000 hospitalizations and 980,000-2.5 million outpatient visits. . Durham Region has developed a detailed plan, Health Department Pandemic_ Influenza Plan, with the Health Department having the re:S1-'onsibilty to implement the local surveillance systems and establish communication roles and responsibilities. . Durham Region expects 200-500 deaths with 1,000-2,200 hospitalizations and 45,234-105,544 outpatient visits. . The impact could result in up to 35% of the workforce off work, overcrowding of hospitals, home care and outpatient services, and a severe shortage of medical personnel and medical supplies. In summary, no vaccines will be available at the onset of the pandemic and when vaccines are available they will be in short supply and will be provided to priority groups. Ross indicated that in the meantime we should get the annual influenza vaccine and be prepared, in case on a pandemic, to participate in the Health Department Influenza Pandemic Plan. Ross MacEachern can be reached at (905) 723-3818 extension 2507 or bye-mail at ross.maceachem@region.durham.on.ca for more information. The overheads Ross used are attached as Appendix 3. 6.0 Communications 6.1 Community Issues at Pickering Nuclear Don Terry, Manager of Community Affairs, provided information on community issues at Pickering Nuclear. The highlights ofDon's presentation were: . Units 1, 4, 5, 7 and 8 are operating at or close to full power. . Unit 6 is in a planned outage for maintenance and is expected to be completed in late January 2006. 9 . The start-up of Unit 1 revealed a problem that initial investigations suggest a small tool may have been left in a boiler by a contractor. Don will report further to the DNHC when he has more information on the incident. . Pickering A has worked more than 3.5 million hours without a lost-time iI1Jury. . Pickering B has worked 175,000 hours without a lost-time injury. . December 3, 2005, Pickering B had a leak of heavy water outside a reactor building and the lost water was frozen and quickly recovered. Emissions were well below any regulatory limits and there was no threat to the community. . Several retired OPG employees were invited back to Pickering to learn about the station's performance and take a tour of the facility. The retirees were most impressed with the improvements in housekeeping, professionalism in the control room, level of security, progress in improving performance and a sense that the plan is achievable. . In December 1965, construction began on Pickering A. In 2006, OPG will be recognizing and celebrating their 40th anniversary as a corporate citizen in Pickering. . The Corporate Citizenship Program of OPG focuses on the environment, education and community initiatives and they are looking for opportunities to partner with community organizations. Don Terry can be reached at (905) 839-1151 extension 5966 or bye-mail at don.ten"y@opg.com for more information. 6.2 Community Issues at Darlington Nuclear Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, provided information on community issues at Darlington Nuclear and the highlights were: . Units 1, 2, 3 and 4 are operating at full power. . On January 12, 2006, a pump seal failed on Unit 4 resulting in some radioactive water leaking onto the floor inside a containment room. The water was recovered and put back into circulation. . The leak did not create any radioactive releases to the environment or cause any injury to staff and there was no interruption to the operation of Unit 4. . An investigation is underway to determine why the seal failed. . Vanessa will update the DNHC on the results of the investigation at the next meeting. Vanessa Hughes can be reached at (905) 697-7443 or bye-mail at Vanessa.hughes@opg.com for more information. 10 . 6.3 OPG Health Physics Department Update Dr. Dave Whillans, Member of the DNHC, provided a handout of the organization and laboratory activities conducted by the Health Physics Laboratory at 1549 Victoria Street in Whitby as requested by DNHC members after a tour of the lab on September 23,2005. The handout is attached as Appendix 4. 7.0 Other Business 7.1 Topics Inventory Update Brian Devitt indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 5. 7.2 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on April 21, 2006 may include: . Report on the OPG partnership with UOIT for $10 million . Report from UOIT on the progress of their nuclear program including. a tour of the UOIT . Report from provincial officials on their plans for new nuclear facilities in Ontario . Progress report from Mary-Anne Pietrusiak on the report Radiation and Health in Durham Region · Report form Health Canada on Health Effect of Radon in Houses 8.0 Next Meeting Date April 21, 2006 Time 12:00 pm lunch served 1 :00 pm meeting begins Location University of Ontario Institute of Technology 2000 Simcoe Street North Community Room A-144 Gordon Willey Building Oshawa, Ontario Note: See map attached to the Draft Agenda of the April 21st DNHC meeting for directions to the Gordon Willey Building 9.0 Adjournment at 4:00 PM 11 ~!ocipgron REPORT #1 REPORT TO COUNCIL MEETING OF FEBRUARY 13, 2006 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, FEBRUARY 6,2006 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-007 -06 - Monthly Report on Building Permit Activity for January, 2006 (b) CSD-002-06 - Municipality of Clarington's Participation in the Canadian Tire Jumpstart Program (c) CSD-003-06 - Admission Standards for Public Pools 2. FORTHWITH RECOMMENDATIONS (a) CSD-001-06 - Clarington's Brian McFarlane Hockey Museum - Branding Strategy (b) COD-002-06 - Tender CL2006-1, Hampton Pond Recovery 3. PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T -96013 TO PERMIT THE DEVELOPMENT OF 38 SEMI-DETACHED/LINK DWELLINGS ON A SCHOOL BLOCK APPLICANT: CCCC DURHAM WEST L TD (THE KAITLlN GROUP L TD) THAT Report PSD-011-06 be received; THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96013, submitted by CCCC Durham West Ltd. to permit the development of 38 residential units, be referred back for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-011-06 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Report #1 - 2 - February 13, 2006 4. PROPOSED BOWMANVILLE HERITAGE CONSERVATION DISTRICT (a) THAT Report PSD-012-06 be received; THAT no further financial resources be spent on the Heritage Conservation District Plan through consultants; THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; THAT any interested parties or delegation be advised of Council's decision; (b) THAT a Beech Avenue Heritage Conservation District Plan be drafted to refil:;~t the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act (Attachment 2 to Report PSD-012-06), subject to 100 percent sign-off on designation; THAT the Beech Avenue Heritage Conservation District By-law be adopted when the specific Beech Avenue Heritage Conservation District Plan has been drafted; THAT, upon reconstruction of Beech Avenue, no further dollars be spent beyond traditional road construction; and THAT the Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force. 5. REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-88051 TO PERMIT THE DEVELOPMENT OF 13 RESIDENTIAL UNITS APPLICANTS: 2075568 ONTARIO INC. AND MIDDLE ROAD DEVELOPMENTS THAT Report PSD-013-06 be received; THAT the amendment to Draft Approved Plan of Subdivision 18T-88051, submitted by 2075568 Ontario Inc. be approved subject to the conditions contained in Attachment 3 to Report PSD-013-06; THAT the rezoning application submitted by 2075568 Ontario Inc. and Middle Road Developments be approved and that the proposed Zoning By-law contained in Attachment 4 to Report PSD-013-06 be passed; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement; Report #1 - 3 - February 13, 2006 THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; THAT a copy of Report PSD-013-06 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-013-06 and any delegations be advised of Council's decision. 6. APPLlCAT!ONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS APPLlCANf: RIDGE PINE PARK INC. THAT Report PSD-014-06 be received; THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban Residential area and Special Policy Area B to the west and to place a District Park symbol on the area of the Municipal Waterfront Park as contained in Attachment 2 of Report PSD-014-06 be adopted; THAT the rezoning application submitted by Ridge Pine Park Inc. be approved and that the Zoning By-law Amendment, as contained in Attachment 3 to Report PSD-014-06, be adopted; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. 7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JANUARY 19, 2006 THAT Report PSD-015-06 be received; and THAT Council concurs with the decision of the Committee of Adjustment made on January 19, 2006 for applications A2005-0043, 2005-0053 and A2005-0054, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Report #1 - 4 - February 13, 2006 8. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: CONDOR DEVELOPMENTS LTD. THAT Report PSD-016-06 be received; THAT the request for removal of Part Lot Control with respect to Blocks 149 to 156 on Plan 40M-2113 be approved and that the Part Lot Control By-law, attached to Report PSD-016-06, be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-016-06, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 9. ARTERIAL ROAD FENCING THAT staff report back to the General Purpose and Administration Committee with respect to a policy on the design of fencing along arterial roads. 10. PRIMROSE SUBDIVISION, COURTICE, PLAN 40M-1945, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-008-06 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-1945; and THAT Council approve the by-laws attached to Report EGD-008-06, assuming certain streets within Plan 40M-1945 and abutting Plan 40M-1684 as public highways. 11. NORTHEAST BOWMANVILLE SUBDIVISION PHASE 5, BOWMANVILLE, PLAN 40M-1776, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES THAT Report EGD-009-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include final stage roads and other related Works, constructed within Plan 40M-1776; and THAT Council approve the by-laws attached to Report EGD-009-06, assuming certain streets within Plan 40M-1776 as public highways. Report #1 - 5 - February 13, 2006 12. INTENTION TO DESIGNATE 483 KING AVENUE EAST, NEWCASTLE VILLAGE AS A HERITAGE PROPERTY (THE WALLBRIDGE HOUSE) THAT Report CLD-001-06 be received; THAT the notice of objection served on the Municipal Clerk under Section 29. (5) of the Ontario Heritage Act be referred to the Review Board for a hearing and report; and THAT Aird & Berlis and Dunbury Homes be advised of Council's decision. 13. OSHAWA/CLARINGTON ASSOCIATION FOR COMMUNITY LIVING AND JOHN HOWARD SOCIETY LEASE AGREEMENTS -i-HAT Report COD-008-05 be received; THAT the Lease agreement, Attachment #1 to Report COD-008-06, with the Oshawa/Clarington Association for Community Living in the amount of $12,021.93 per annum for one (1) year term be approved; . THAT the Lease agreement, Attachment #2 to Report COD-008-06, with the John Howard Society in the amount of $12,021.93 per annum for one (1) year term be approved; and THAT the By-laws attached to Report COD-008-06, marked Attachment #3 and Attachment #4, be approved authorizing the Mayor and the Clerk to execute the necessary agreements. 14. RATIFY ACTIONS THAT the actions taken at the "closed" session be ratified. REPORT II 2 Cl!J!.#1gton REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, February 13,2005 Report #: PSD-018-06 File #: PLN 33.11.1 By-law #: Subject: MUNICIPALITY OF CLARINGTON COMMENTS DURHAMNORK RESIDUAL WASTE DISPOSAL STUDY - PROPOSED TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Report PSD-018-06 be received; 2. THAT the letter from the Director of Planning Services to the Ministry of the Environment, dated February 6, 2006 and attached to this report as Attachment 1 be endorsed as the comments of the Municipality of Clarington on the Proposed Environmental Assessment Terms of Reference for the DurhamNork Residual Waste, Disposal Planning Study; and 3. THAT a copy of this report and Council's resolution be forwarded to the Ministry of the Environment, Environmental Assessment and Approvals Branch and the Region of Durham Works Department. Submitted by: ReVieWedbYO~~ Franklin Wu Chief Administrative Officer a J. Crome, M.C.I.P.,R.P.P. Director, Planning Services JAS/FUDJC/df 6 February 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 REPORT NO.: PSD-018-06 PAGE 2 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 The Regions of Durham and York are both currently implementing Blue Box and organic waste collection programs that are expected to divert upwards of 60% of their solid waste from disposal within a few years. The Regions have commenced a joint Residual Waste Disposal Planning Study to determine how to manage the residual solid waste remaining after diversion efforts. They are also seeking to explore the potential for the residual waste stream to be used as a fuel source to produce energy to meet the Province's growing energy needs. 1.2 The Residual Waste Study is subject to the Ontario Environmental Assessment Act. Proposed Terms of Reference for the Environmental Assessment (EA) study have been submitted to th~ Ministry of the Environment (MOE) for approval. The Director of Planning Services has already submitted comments to the Ministry by letter in order to meet the comment deadline of February 6, 2006 (see Attachment 1). A copy of the Terms of Reference is available in the Planning Services Department for review. Appendix "F' to the Terms of Reference forms Attachment 3 to this report. 1.3 The EA Terms of Reference are also accompanied by five Background Documents that contain the rationale supporting the development of the Terms of Reference. However, these documents do not form part of the Terms of Reference submitted for review and approval by MOE. 1.4 The purpose of this report is to provide Council with an overview of the DurhamNork Residual Waste Disposal Planning Study and the proposed EA Terms of Reference, and to seek Council's endorsement of the comments on the Terms of Reference submitted to MOE by the Director of Planning Services. 2.0 OVERVIEW OF TERMS OF REFERENCE FOR THE RESIDUAL WASTE EA 2.1 Purpose and Description of the Undertakina 2.1.1 The purpose of the undertaking, as set out in the Terms of Reference, is: · To process - physically, biologically and/or thermally - the waste that remains after the application of both Regions' at-source waste programs in order to recover resources - both material and energy - and to minimize the amount of material requiring landfill disposal. · In proceeding with this undertaking only those approaches that will meet or exceed all regulatory requirements will be considered. The waste proposed to be managed will be: · Municipal Solid Waste (MSW) from residential sources generated within Durham . and York Regions remaining after at-source diversion; REPORT NO.: PSD-018-06 PAGE 3 . A portion of post-diversion Industrial, Commercial and Institutional (IC&I) waste traditionally managed by the Regions at their waste disposal facilities; and . Municipal post-diversion residual waste from neighbouring non-Greater Toronto Area (GTA) municipalities that may provide disposal capacity for processing residues. 2.1.2 A description of the proposed undertaking has been developed for the purpose of initiating the EA Study. The undertaking would be a residual waste processing facility(ies) that would be capable of managing the minimum 316,000 tonnes/year of residual wastes projected to remain after the achievement of the Regions' diversion objectives. This amount includes the receipt of a quantity of additional post-diversion wastE' from other sources. Over the 35-year planning period (2011 - 2045), it is projected that ~ minimum of 13.3 million tonnes of residual waste will require management. 2.1.3 The description of the undertaking may be refined through the course of the EA study. The final description of the undertaking will be included in the EA document submitted to the Minister of Environment for approval. 2.1.4 The agreement between Durham and York recognizes that each Region would be responsible for the disposal of its share of any residue created from the processing of the waste (likely landfill). Agreements with other municipalities that may be able to provide disposal capacity in return for accepting residual waste at the new DurhamNork facility(ies) are being contemplated. 2.2 Alternatives to the Undertakina (Alternative Approaches and Technoloaies) 2.2.1 During development of the EA Terms of Reference, potentially available ways to process the waste remaining after diversion, or "Alternatives To", were screened for reasonableness and applicability to the purpose of the undertaking. As a result, the following "Alternatives To" will be considered in the EA study: . Mechanical Treatment -This alternative may be considered for the pre-processing of wastes to be managed by biological or thermal processing alternatives to capture recyclable content and to improve the consistency and mixture of materials for processing. It may also be used for the management of the respective process residues to capture recyclable content (eg. metals). Examples include screens for sorting materials and magnets for recovering ferrous metal. . Biological Treatment - This alternative offers the potential for a relatively stable landfill with reduced odours and other nuisance impacts, and may be applicable to the EA given the proportion of organics remaining in the waste stream. Examples include anaerobic digestion and aerobic bio-drying of alternative fuel. . Thermal Treatment - Based on recent industry activity in Ontario and facilities operating in other jurisdictions, this alternative is reasonably available from both a REPORT NO.: PSD-018-06 PAGE 4 commercial and technical perspective. Examples includes gasification, pyrolysis, and conventional combustion (ie. incineration). 2.2.2 A seven step process is proposed in the Terms of Reference for the selection of a preferred "Alternative To" for the managing of the residual wastes. This process includes assembling each of the component alternatives into a range of alternative residual waste processing systems with each system being capable of managing the entire projected residual waste stream. Each of the alternative disposal systems will be evaluated to determine the potential effects associated with it (including natural environment, social, economic, legal and technical effects), and potential mitigative measures to address these effects. The system which exhibits the best balance of advantages and disadvantages, based on criteria established by the public and agencies, will t: selected as the preferred "Alternative To". 2.2.3 It is expected that each of the proposed processing alternatives will require landfill disposal capacity for process residues. The landfill component will be identified following the identification of the preferred "Alternative To". Options to address the landfill component, depending on the amount of capacity required, may include contracting to use private sector landfill capacity, the identification of new landfill capacity, and/or the establishment of agreements with neighbouring municipalities outside the GT A. 2.3 Alternative Methods of ImplementinQ the UndertakinQ (Alternative Sites) 2.3.1 Following the identification of the preferred "Alternative To" (ie. residual waste. processing system), a seven step process will be used to identify and evaluate "Alternative Methods (ie. potential sites). Site selection will start with a review of the entire study area to identify those areas considered to be generally unsuitable for the purposes of locating the preferred disposal system. The criteria to be used to exclude areas from further consideration are set out in Appendix F (Table F-1), and include significant natural heritage areas, prime agricultural lands, and residentially designated lands. The broad areas of land remaining after the application of these exclusionary criteria would be considered as generally suitable for the purpose of locating the preferred disposal system. 2.3.2 Specific siting requirements based on the preferred Alternative To (eg. minimum required site area) will be used to identify a list of siting opportunities In those areas identified as being generally suitable. At this point, a long-list of siting opportunities will be developed with a focus on publicly owned lands and, if necessary, the issuance of a request for "willing seller" properties within the areas previously identified as being generally suitable. 2.3.3 If it is determined that the long-list does not include a reasonable range of alternative sites, then a review of privately owned lands in the study area would be undertaken to identify additional siting opportunities. The owners of identified properties would be approached to determine if a negotiated acquisition of property is feasible, in effect becoming a willing seller. The only circumstances that would lead to the expropriation of privately owned lands would be a determination, in consultation with the public and REPORT NO.: PSD-018-06 PAGE 5 MOE, that the publicly owned and willing seller sites already identified still do not present a reasonable range of siting alternatives. 2.3.4 Appendix F (Table F-2) of the Terms of Reference sets out the preliminary factors to be used in the further evaluation of the long-list of potential sites. The purpose of this evaluation is to eliminate less preferred sites using criteria such as: proximity to required infrastructure, potential impact of the haul route, and land use compatibility. In addition, prospective vendors of the technology(ies) comprising the preferred disposal system will be requested to submit their qualifications and may be invited to submit their own alternative site(s) for consideration. Prospective vendor site(s) would be required to meet minimum compliance requirements, such as being located in Ontario, in order to be included on the short list of sites. 2.3.5 The short list of sites will then be evaluated using the criteria set out in Appendix F (Table F-3). These criteria include public health and safety, natural environment, social, economic, technical and legal considerations. The application of this criteria will result in the identification of a preferred site. Concurrently, a Request for Proposals will be issued to prospective vendors with the intent of identifying a preferred vendor. 2.4 Required Approvals 2.4.1 Once the EA study is completed, it must be submitted to MOE for final approval. The Terms of Reference indicate that MOE approval of the EA study is currently expected to occur in 2009. 2.4.2 The Ontario Environmental Protection Act (EPA) requires that a Provisional Certificate. of Approval be issued in order for a waste management facility to be established and operated. Detailed investigations will be completed at the preferred site, once selected, to satisfy the requirements of the EPA in order to obtain a Certificate of Approval. These studies will confirm the suitability of the proposed facility(ies) on the proposed site. 2.4.3 The Terms of Reference is silent on the issue of whether Regional or area municipal planning approvals will be required for the new facility(ies). If the land and waste facility(ies) are owned individually or jointly by Durham or York Regions, it is expected that planning approvals would not be required. However, the Terms of Reference (Section 2.2) note the potential for the study proponents (ie. Durham and York Regions) to enter into partnership agreements with private sector parties, in particular the vendor(s) of the preferred technology(ies), in order to implement the undertaking. Accordingly, the need for area municipal and Regional planning approvals for the proposed waste management facility(ies) will be determined once the issue of ownership has been determined later in the study. 2.5 Estimated Schedule 2.5.1 The Terms of Reference include a preliminary schedule for the undertaking of the EA Study and implementing the undertaking, as follows: REPORT NO.: PSD-018-06 PAGE 6 MOE approval of EA Terms of Reference Initiate EA Study March 2006 March 2006 Evaluate "Alternatives Toll the undertaking (ie. technologies) 2006 Select Preferred "Alternative To" Evaluate "Alternative Methods" of implementing the undertaking (ie. siting) Initiate com etitive rncess to identi a referred vendor tech nolo Select preferred site and preferred vendor Complete site specific studies to confirm suitability Documentation to support approvals Submit a Iications EA review and approval by MOE 2006 2006/ earl 2007 End of 2007 2008 Implementation of the undertaking 2009 Mid 2009 to 2010 This schedule will be updated as the EA study progresses. 3.0 COMMENTS 3.1 As noted previously, Attachment 1 to this report is a letter to the Ministry of the Environment, submitted on February 6, 2006, providing the Municipality's comments on the proposed Terms of Reference. The first point in the letter requests that the Terms of Reference be modified to clarify the discussion on the site selection process. 3.2 More importantly, the letter indicates the Municipality's objection to the proposal in the Terms of Reference to focus the site selection process on publicly owned sites considered to be generally suitable for the processing of post-diversion waste such as existing and/or designated industrial lands. It notes that no justification is provided for giving priority to publicly-owned lands and that it assumes that there is a reasonable range of alternative sites available for analysis and comparison. 3.3 A further comment indicates that the net effect of a focus on publicly owned lands would be to prejudice the site selection process in favour of sites owned by Durham and York Regions since there is no guarantee that any other public body would be the willing seller of a potential site. The letter also notes that is highly unusual for the site search for a public facility to be focused on publicly owned lands, and that the first priority of the siting process should be to identify the best possible site. REPORT NO.: PSD-018-06 PAGE 7 4.0 CONCLUSIONS 4.1 Council's endorsement of the comments submitted by Staff will strengthen the Municipality's position that the proposed Terms of Reference, by focusing on publicly owned lands, will unfairly bias the site selection process. Although it is recognized that there is some urgency is identifying and implementing a management process for the residual waste, it is equally important that the EA process be unbiased and that it provide a wide range of alternative sites for analysis and comparison. 4.2 Staff will continue to monitor the progress of the Residual Waste EA and will report back to Council as required. Attachments: Attachment 1 - Letter from Director of Planning Services to the Ministry of Environment, dated February 6,2006 Glossary of Terms Appendix 'F' - Proposed Environmental Assessment Terms of Reference - DurhamNork Residual Waste Disposal Planning Study Attachment 2 - Attachment 3 - List of interested parties to be advised of Council's decision: Mr. David Bell Project Officer, EA Project Coordination Section Ms. Barb Boffey DurhamNork Residual Waste Study Project Coordinator Att~chment .1 To Report PSD-018-06 ~!!!f!Pgron February 6, 2006 Mr. David Bell Project Officer, EA Project Coordination Section Environmental Assessment and Approvals Branch Ministry of the Environment 2 St. Clair Avenue West, Floor 12A Toronto,Ot...! M4V 1L5 Dear Sir: RE: Proposed Terms of Reference - DurhamNork Residual Waste Environmental Assessment Comments of the Municipality of Clarington File No.: PLN 33.11.1 Please accept this letter as the comments of the Municipality of Clarington on the proposed Terms of Reference for the DurhamlYork Residual Waste Environmental Assessment. Section 4.2 of the proposed Terms of Reference sets out the process for determining "Alternative Methods" of Implementing the Undertaking (Alternative Sites). This section indicates that the process of identifying siting alternatives for a processing facility(ies) "will not seek to consider all lands within the study area but rather will focus on those lands considered to be generally suitable for the processing of post-diversion residual waste such as existing and/or designated industrial lands." It is proposed that only two categories of sites be considered in the EA evaluation: · Publicly owned lands .... that are considered to be generally suitable for the processing of residual waste; and . Lands offered by a "willing seller" property owner .... that are located in areas that are considered to be generally suitable for the processing of residual waste. The wording of Section 4.2 would appear to indicate that the EA, and in particular the site selection process, will only consider publicly owned lands and sites offered by willing sellers. However, Section 6.2 (Screening and Comparative Evaluation of Alternative Methods) indicates that site selection will start with a review of the entire study area, which is identified by Appendix D as being all of the Regions of Durham and York. It is only in Step 4 of the evaluation process that a preference for publicly owned lands and, if necessary, sites offered by willing sellers, is expressed. The proposed Terms of Reference further state that the only circumstances that would lead to the expropriation of privately owned land would be a determination that publicly owned and willing seller lands do not provide a reasonable range of siting alternatives. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 ( . D. Bell - Page 2 The Terms of Reference should be revised to clarify the process by which potential sites will be identified. Specifically, Section 4.2 should be revised to more clearly indicate that the initial site search will include all lands within Durham and York Regions, and that publicly owned lands and willing seller sites will only be given priority in the site selection process once a long list of potential sites has been identified. . Nevertheless, the Municipality of Clarington strongly objects to focusing the site search on publicly owned lands. No discussion or justification for the use of this criteria is provided in either the Terms of Reference document or in the Background Papers (which are not subject to approval by your Ministry). It also assumes that there is a variety of surplus publicly-owned industrial lands that would provide a reasonable range of alternative sites for analysis that does not pre-determine the site selection process. Although it could be. c:lrgued that publicly owned lands would be less difficult to acquire than privately-owned lanas, in reality this argument would only apply to lands owned by the Regions of Durham and York. There is no guarantee that any other public body would be the willing seller of a potential site identified through the site selection process. As such, the net effect of a focus on publicly owned lands would be to prejudice the site selection process in favour of sites owned by the two Regional governments. The focus on publicly owned lands would also appear to be problematic given that the potential number of sites will be further limited by the exclusionary criteria outlined in Appendix F and further described in Background Paper 2-3 (Section 2.2: Area Screening). In particular, both the Oak Ridges Moraine Conservation Plan and the Greenbelt Protection Plan include conditions that restrict the establishment of infrastructure, including waste management systems. These restrictions, together with the long list of proposed exclusionary criteria,further brings into question the advisability of further limiting the site search by a focus on publicly owned lands. As a final point, it is highly unusual for public agencies seeking to locate public infrastructure to focus their site search on lands in public ownership. The first priority of the site search should be to identify the best possible site. A report seeking Clarington Council's endorsement of these comments will be considered at the Council meeting of February 13, 2006. Should you have any questions, please contact Janice Szwarz of my office. Si id J. Crome, M.C.I.P., R.P.P. Director of Planning Services Idf cc: Mayor John Mutton Councillor Jim Schell Barb Bottey, Regional Municipality of Durham Attachment 2 To Report PSD-018-06 GLOSSARY OF TERMS Aerobic Treatment The biological treatment of organic waste by bacteria that require oxygen. Anaerobic Digestion The controlled biological conversion of organic material, by bacteria, in the absence of oxygen, to producer biogas, liquid effluent and a solid, partially stabilized organic material. Combustion 1. Burning, or rapid oxidation, accompanied by the release of energy in the form of heat and light. 2. The controlled burning of waste, in which heat chemically alters organic compounds, converting it into stable inorganics such as carbon dioxide and water. EA Environmental Assessment EPA Environmental Protection Act Gasification The conversion of solid material such as coal or waste into a gas for use as a fuel. IC&I Industrial, Commercial and Institutional MOE Ontario Ministry of the Environment MSW Municipal Solid Waste Pyrolysis Decomposition of waste and its constituent chemicals by heat in the absence of oxygen Attachment 3 To Report PSD-018-06 ytir~r&gion Proposed Environl17ental AssesslTlent Terl17s of Reference ...prepared in accordance with Sections 6.(1) and 6.(2)(a) of the Environmental Assessment Act December 16, 2005 "tt Appendix F Preliminary Screening and Evaluation Criteria for "Alternative Methods" of Implementing the Undertaking (i.e., Alternative Sites) ~~Re,wn Appendix F Preliminary Screening and Evaluation Criteria for" Alternative Methods" of Implementing the Undertaking (i.e. Alternative Sites) TABLE F-l: Preliminary Exclusionary Criteria for the Identification of Suitable Areas where a long-term waste management facility could be sited. (Step 2) o Exclude designated) lands located within areas protected by Provincial/ Federal legislation. o Exclude designated residential areas and areas within an appropriate separation distance2 of these designations. o Exclude designated Natural Heritage Features and Areas and areas within an appropriale separation distance of these designations. Examples include: o Significant Habitat of Endangered and Threatened Species and Species at Risk; o Significant Areas of Natural and Scientific Interest; o Significant Wetlands, Woodlands, etc.; o Ground water Discharge/Recharge Areas; o Wellhead Protection Areas and Infiltration Areas; o Designated Hazard Land; and, o Conservation Areas. o Exclude Prime Agricultural Lands. o Exclude designated Park / Recreational Lands and areas within an appropriate separation distance of these designations. o Exclude Institutional facilities and areas within an appropriate separation distance of these facilities or lands (e.g. schools, hospitals). o Exclude areas around federally regulated airports as per Transport Canada Guidelines. JDesignated refers to land uses and related policies as set out in FederalIProvincial Statues and Regulations and applicable Municipal Official Plans/Municipal Policy Plans. These designations will be clearly defined at the outset of the evaluation of "Alternative Methods" 2 Appropriate Separation Distances will be defined following the identification of the preferred "Alternative to" and in consultation with the public, agencies and the MOE. Consideration will also be given to existing land use compatibility guidelines including, for example, the MOE's "D-Series" Guidelines for Land Use Compatibility, and B-7 Series Guidelines for Reasonable Use Concept. l~~ Appendix F Preliminary Screening and Evaluation Criteria for .. Alternative Methods" of Implementing the Undertaking (i.e. Alternative Sites) TABLE F-2: Preliminary Factors to be used in the Evaluation oftbe "Long-List" of Alternative Sites. (Step 5) Proximity to required infrastructure (dependent on technology selected) rJ Example: Maximum distance (to be specified) from electrical grid interconnection point or heat load if an EFW facility was part of the preferred "Alternative To" o Distance to required sewer and water services Site accessibility o Maximum distance (to be specified) from major highway, rail line and/or transit system Potential impact of the haul route (!.e., traffic, noise, land use, cost) [J Length of haul route (distance to main waste generation so urce( s)) [j Land use along haul route o Road type, width and traffic volumes along haul route Property size o Minimum size (determined in Step 3) in comparison with the actual site size (ie. amount of surplus land available beyond the minimum site size requirement) Land use compatibility u Designated industrial or industrial type land use adjacent to the site A vailability of site o Requirement to acquire site through expropriation Potential impacts on unregulated airport operation [I Proximity to unregulated airports ,~-....,.,--:~:,- ' r~.~ Appendix F Preliminary Screening and Evaluation Criteria for" Alternative Methods" o{ Implementing the Undertaking (i.e. Alternative Sites) TABLE F-3: Preliminary Comparative Evaluation Criteria to be used in the Evaluation of the "Short-List" of Alternative Sites. (Step 6) ." ~' '. Prelf... Evaluation Criteria ' Public Health & Safety and Natural Environment Considerations o Potential Air Quality Impacts Note; The preferred technology must at least meet all applicable air quality regulations. o Potential Water Quality Impacts (Surface Water and Groundwater) o Potential Environmentally Sensitive Areas and Species Impacts o Potential Aquatic and Terrestrial Ecology Impacts Social and Cultural Considerations o Compatibility with Existing and/or Proposed Land Uses o Potential Impact on Residential Areas o Potential Impact on Parks and Recreational Areas o Potential Impact on Institutional Facilities or Areas o Potential Impact on Archaeological and Cultural Resources o Potential Traffic Impacts Economic / Financial Considerations o Operation and Maintenance Costs for Facility(ies) o Capital Costs to develop Facility(ies) Technical Considerations o Compatibility with Existing Infrastructure o Design/operational flexibility provided by site Legal Considerations o Complexity of Required Approvals o Complexity of Required Agreements /' SUMMARY OF BY-LAWS FEBRUARY 13, 2006 BY -LAWS 2006-022 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Limited, Whitby, Ontario, to enter into agreement for the Hampton Pond Recovery (Item 2 (b) of Report #1) 2006-023 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2075568 Ontario Inc. and Middle Road Developments) (Item #5 of Report #1 ) 2006-024 be::-:g a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc.) (Item #6 of Report #1) 2006-025 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Item #11 of Report #1 ) 2006-026 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item #11 of Report #1) 2006-027 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Item #10 of Report #1) 2006-028 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item #10 of Report #1) 2006-029 being a by-law to exempt a certain portion of Registered Plan 40M-2113 from Part Lot Control (Condor Developments Ltd.) (Item #8 of Report #1) 2006-030 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON (Item #13 of Report #1) 2006-031 2006-32 2006-33 " - 2 - being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON (Item #13 of Report #1) Confidential Property Matter (Item #14 of Report #1) being a by-law to Repeal By-law 2005-217