HomeMy WebLinkAbout01/12/2009 Council Agenda - 2 - January 12, 2009
1 - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated
November 14, 2008
1 - 5 Minutes of the Ganaraska Region Conservation Authority dated
December 11, 2008
1 - 6 Sandra Kranc, City Clerk, City of Oshawa —Ajax Council's Request
for Review of Regional Council Composition
1 - 7 L. Deveaux, Veltri & Son Limited — Extending Existing Bus Route to
Newtonville
1 - 8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax—Ajax Official Plan Review — Status Update
1 - 9 Debbie Leroux, Clerk, Township of Uxbridge — Protection of
Agricultural Land Within the White Belt
1 - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO
Transit— New Service on the Lakeshore East Line
1 - 11 Sandra Kranc, City Clerk, City of Oshawa — Protection of Agricultural
Land Within the White Belt
1 - 12 Richard Toms, Executive Director, the Visual Arts Centre of
Clarington (VAC) - Strategic Plan 2009-2011 — "Encouraging the
Creative Impulse"
1 - 13 Shirley McLean - Objecting to the Proposed "Energy-From-Waste"
Facility
1 - 14 Carol Hooper- Objecting to the Proposed "Energy-From-Waste"
Facility
1 - 15 Jeffrey A. Abrams, City Clerk, City of Vaughan —The Cosmetic
pesticides Ban Act Draft Regulations
1 - 16 Association of Municipalities of Ontario (AMO) Member
Communication — Public Review Period for Draft Information and
Communications Standard
1 - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham —
Interim Property Tax Levy
1 - 18 Alfred Frendo Cumbo — Parking By-law Enforcement on Kingsview
Court
1 - 19 John O'Toole, MPP, Durham — Highway 401 Interchanges at Liberty
Street and Waverley Road
Council Agenda - 3 - January 12, 2009
1 - 20 Gary McNeil, Managing Director, & CEO, GO Transit— Security and
Safety at GO Stations
1 - 21 Leesa Venning, Program Coordinator, Rehabilitation and Employment
Services, Canadian Mental Health Association — Letter of
Appreciation for Municipal Grant
1 - 22 Peter Hume, President, Association of Municipalities of Ontario
(AMO) extension of the Federal Gas Tax Fund Schedule of Payments
1 - 23 Ministry of Municipal Affairs and Housing News Release — Improved
Energy Efficiency Standards for New Homes
1 - 24 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors — 2008 Assessment Update
1 - 25 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors — Current Value Interpretation
1 - 26 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing —
Ontario Municipal Partnership Fund (OMPF) Allocations
1 - 27 Roland Murphy, Major, Community & Family Services Coordinator,
The Salvation Army Bowmanville — Letter of Appreciation for Support
1 - 28 Confidential Correspondence regarding an identifiable individual
1 - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning
Department, Regional Municipality of Durham - Growth
Implementation Study— Phase 5, Final Recommended Growth
Scenario and Policy Directions
1 - 30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax - Comments on the Proposed Terms of Reference for Drinking
Water Source Protection Plans
Receive for Direction
D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham - "Purple
Day for Epilepsy"
D - 2 Lucien Lambier and Donna Fletcher— Kendal Crown Land Issues
D - 3 Tim Kehoe, Director, International Centre for Municipal
Development, Federation of Canadian Municipalities (FCM) - Awards
for Outstanding International Volunteer Contribution
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Energising Ontario
DATE: MONDAY, JANUARY 12, 2009
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held December 8, 2008
PRESENTATIONS
There are no Presentations Scheduled for this Meeting.
DELEGATIONS (List as of Time of Publication)
a) Richard Toms, Executive Director, The Visual Arts Centre of Clarington —
Strategic Plan — 2009 — 2011 "Encouraging the Creative Impulse"
(Correspondence Item I — 12)
b) Hannu Halminen regarding Report PSD-008-09 —Application for Removal of
Holding, Prestonvale Land Corporation and Paul Lyskyk Family Trust (Item 7 of
Report#1)
COMMUNICATIONS
Receive for Information
1 - 1 Minutes of the Clarington Compost Facility Community Relations
Committee dated September 18, 2008
1 - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated October 16, 2008
1 - 3 Minutes of the Clarington Highway 407 Community Advisory
Committee dated December 3, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 4 - January 12, 2009
D - 4 Mike Gazo, Perfect Party Inc. — Snow Clearing By-law 93-144, As
Amended
D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch,
Mayor, Township of East Ferris — Request for Financial Assistance
D - 6 Sandra Kranc, City Clerk, City of Oshawa - Pival International Inc. —
Application for Sufferance Warehouse
D - 7 Angela Quinn - Cage Free Hens
D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont - Bill
50, The Provincial Animal Welfare Act, 2008
D - 9 Association of Municipalities of Ontario (AMO) Member
Communication Alert— Support of AMO Position on the Waste
Diversion Act and the Blue Box Program Plan Review
D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario — Purchase
of Eggs as a Local Sustainable Procurement Practice
D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and
Glengarry - Payment for Indigent Funerals
D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington —
Letter of Support
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of January 5, 2009
STAFF REPORT(S)
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Mayor Abernethy, seconded by Councillor Hooper
"WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member
of a two-tier municipality, the Regional Municipality of Durham, which is bound by the
Ontario Municipal Act with respect to the processing of residential residual waste;
AND WHEREAS the Regional Municipality of Durham has a long and successful history of
developing and implementing programs that have reduced the amount of residential waste
which has been filling Ontario and Michigan landfill sites for many decades;
AND WHEREAS the Regional Municipality of Durham has established the goal of achieving
a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must
be in place before the Region of Durham can reasonably achieve waste diversion rates
beyond 70 percent;
Council Agenda - 5 - January 12, 2009
AND WHEREAS the Municipality of Clarington encourages the Region of Durham to
continue to show leadership in the area of developing and implementing programs that
reduce the amount of residual waste that is processed in the Region of Durham;
AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving
higher diversion rates that would not have been possible without Provincial involvement:
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the
Ministry of the Environment to develop a Provincial strategy that results in the increase of
waste diversion rates for all municipalities in Ontario, including a policy which requires each
municipality to process all residual waste within the boundaries of each of their respective
municipal boundaries;
THAT the Region of Durham be requested to develop a formal strategic plan which
achieves "no waste in the Region of Durham by 2038", such "NoWaste by '38 Plan" to
include the following objectives:
1. Develop a municipal waste management strategy that the Province of Ontario can
replicate throughout Ontario;
2. Reduce the negative impact that Durham Region's residual waste has on the global
environment, including the reduction of greenhouse gases;
3. Take a leadership role in reducing all of the residual waste that is created within the
Region of Durham, including wastes generated by the industrial, commercial and multi-
residential sectors of our communities; and
4. Reduce the long-term costs of processing the residual waste that is created within the
Region of Durham;
THAT the said Region of Durham "NoWaste by '38 Plan" include the following initiatives:
1. Reinstate the Waste Management Advisory/Steering Committee to research, assess
and make recommendations to the Region of Durham on the feasibility of achieving a
region-wide "no waste" solution by 2038;
2. If feasible, to recommend to Regional Council the steps necessary to implement a
"NoWaste by '38 Plan"; and
3. If feasible, an extensive public education and communications plan in order to achieve
whatever goals that Regional Council chooses to adopt, similar to that of the plan
adopted by the City of Canberra, Australia; and
THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional
Municipality of Durham, the area municipalities within the Region of Durham, the Federal
Minister of the Environment, Provincial and Federal Members of Parliament and to the
Association of Municipalities of Ontario for consideration, action and support."
Council Agenda - 6 - January 12, 2009
UNFINISHED BUSINESS
1. Report PSD-007-09 — Commercial Recreational Vehicle Storage
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
lLLlll 11
Leadins the Way
Council Meeting Minutes
DECEMBER 8, 2008
Minutes of a regular meeting of Council held on December 8, 2008, at 7:00 p.m., in
the Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 10:01 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
Councillor Woo announced the following:.
• He attended the Repatriation Ceremony this afternoon for three Canadian
soldiers killed in Afghanistan advising that despite the cold and delay of the
motorcade, a large gathering of supporters remained on the bridge.
Councillor Woo extended sympathy to the soldiers' families, friends and
comrades overseas.
• On December 9, 2008, the "Power to Connect" Business Women's Networking
Meeting will be held at Bobby C's, Port Darlington Marina at 6:30 p.m. All
female entrepreneurs are welcome to attend.
Council Meeting Minutes - 2 - December 8, 2008
• He attended the 172 Air Squadron Christmas Dinner and Awards Night.
Councillor Novak announced the following:
On Thursday, December 4, 2008, she attended The Big Move: Transforming
Transportation in the Greater Toronto and Hamilton Area held at the Oshawa
Golf Club. The presentation provided a good template to move forward with
the transportation Plan.
She attended the CPR Holiday Train event on December 1, 2008.
• Two open houses were held at Lydia Trull Elementary School regarding the
Clear Bag Pilot Study. A number of residents attended the information
sessions.
• She had the great honour of attending the Crossing Guards Christmas Party
and assisted in the presentation of long-service awards. Councillor Novak
noted that among the recipients there were three Crossing Guards who have
attained 15 years of service with the Municipality.
• The Farmers' Festival of Lights was held in Enniskillen on Wednesday,
December 3, 2008, and had a very good turn-out.
• On December 6, 2008, she attended the Clarington Older Adult's Christmas
Dance at the Beech Centre.
Councillor Hooper announced the following:
• The CPR Holiday Train made a stop in Bowmanville on December 1, 2008.
There was a huge turnout and 3,500 pounds of non-perishable food items
were donated to Salvation Army, St. Vincent de Paul and the Clarington East
Food Banks. Councillor Hooper thanked Municipal staff, volunteers, and
emergency personnel for their contribution to the successful event and also
thanked the Old Bowmanville Neighbourhood Association for bringing the
event to the Municipality's attention.
• On Saturday, December 6, 2008, he attended the Clarington Older Adult
Association Dinner and Dance. The La Jeunesse Youth Orchestra
entertained.
• On Thursday, December 18, 2008, the Clarington Older Adult Association will
host a Christmas concert with the Clarington Concert Band performing.
• He extended Season's Greetings to all on behalf of the Clarington Older Adult
Association.
• Today, he and Councillors Novak and Trim attended a function at St. Elizabeth
School and helped serve lunch.
Council Meeting Minutes - 3 - December 8, 2008
Mayor Abernethy announced the following:
• Veridian Connections Inc. has joined The United Way's Winter Warmth
Program, an initiative to help families in need with their energy bills during the
winter months. Information about the program can be obtained by contacting
Veridian.
• The Rotary Club of Bowmanville is selling Christmas trees beside McDonalds
in Bowmanville.
MINUTES
Resolution #C-561-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on November 24, 2008, be
approved.
"CARRIED"
PRESENTATIONS
Inspector Charlie Green, Durham Regional Police Services, addressed Council to
provide an update on Police Services in Clarington and to respond to concerns with
respect to staffing issues in 16 Division. Inspector Green stated all vacancies within
16 Division will be filled as of January 2009, and that the Division will be in the best
position it has been for the last two years. Inspector Green advised that an in-depth
report on issues surrounding the skateboard park in Courtice has been completed by
a crime analyst and copies will be forwarded to Members of Council prior to the
Christmas break. He noted with extra resources in the Division, the skateboard park
will be addressed on an on-going basis in the New Year, including increased
enforcement. He also indicated that he will do his utmost to have the bike patrol out
next summer in parks and outdoor activity areas. Inspector Green provided statistics
on the 2008 Ride Program indicating that fewer cars have been stopped but that more
arrests have been made. He stated that the number one criminal cause of death is
impaired operation of a vehicle and although this is the 20th year of the Christmas
Ride Program in Durham Region, drinking and driving remains a problem in most
communities across the country. Inspector Green responded to questions from
Members of Council regarding tagging and the importance of taking a proactive
approach to eradicate tagging. He also discussed the importance of the DRAVIS
program, the Durham Regional Police Anti-Violence Intervention Strategy, a
provincially funded crime prevention initiative and discussed the community's
involvement and understanding of crime prevention, which is at the core of the
DRAVIS program. Inspector Green also confirmed that as the DRPS is a Regional
Police Service, the Municipality benefits from the major divisions of the service
including the crime unit, robbery unit, etc.
Council Meeting Minutes - 4 - December 8, 2008
Inspector Green confirmed that there will always be issues and that the police cannot
solve all problems alone and that they rely on the public, elected officials, and other
emergency services to work together to keep Clarington safe and a great place to
work and play.
Dr. Neil Alexander, President, Association of CANDU Industries, addressed Council to
provide an overview of the benefits of nuclear energy to Ontario and the nuclear
industry's worldwide expansion and the potential economic impact on the Municipality
of Clarington and the Region of Durham. Dr. Alexander stated the Province's
decisions to move forward with new nuclear build and to site the expansion at
Darlington will help strengthen the Region's economic position. Through use of a
PowerPoint presentation, Dr. Alexander reviewed opportunities that arise with building
new nuclear reactors and focused on three viewpoints — Leadership, Market and
Values. Dr. Alexander confirmed a nuclear renaissance is taking place as can be
seen by activity in the last year and reviewed reactor orders from 2000 to 2009, noting
the North American market is opening up again. He noted Canada is in a strong
leadership position and has been very successful in selling nuclear reactors abroad
and there are considerable sums of money in the nuclear industry. Dr. Alexander
noted the industry has special aspects that make it beneficial for the fabrication and
inspection audit to take place in proximity to where the knowledge exists.
Dr. Alexander stated the University of Ontario Institute of Technology (UOIT) is taking
a leading role in training workers for the nuclear industry and has established itself
closely with ACL. He noted there is an opportunity to start a cluster of knowledge in
Durham Region and to look for companies that will bring this knowledge into the area.
He confirmed the value of exporting a two-unit CANDU station would add 17,039
person years of employment in Canada, add more than $1 billion to the Canadian
Gross Domestic Product and add hundreds of millions of dollars to the manufacturing
sector. He also stated that the value of the potential market would result in hundreds
of thousands of person years of new employment and tens of billions in Ontario's
GDP. Dr. Alexander stated regardless of the type of reactor built, construction will
create numerous jobs in the short-term and by keeping the knowledge in the Province,
and specifically in the Region, there will be an opportunity to expand on the industry.
Nancy Taylor, Director of Finance/Treasurer conducted a PowerPoint Presentation
entitled "Province-Wide Property Reassessment". Ms. Taylor stated the Province has
made a number of changes to the property tax assessment system including the
introduction of a four-year assessment update cycle and a phase-in of assessment
increases and provided an explanation as to how the Phase-In works. She noted
decreases will not be phased in but will be experienced immediately. Ms. Taylor
stated it is important to note that the Municipality derives budget revenue from growth
and that reassessment is revenue neutral to the Municipality. She reviewed
assessment growth, reassessment or valuation changes and highlighted valuation
change examples and tax impacts of reassessment. Ms. Taylor stated taxpayers
need to be aware that if there have been physical changes to their property, they have
both a growth impact and a reassessment impact.
Council Meeting Minutes - 5 - December 8, 2008
She noted that whenever reassessment is undertaken, assessment-related tax shifts
happen; however, the municipality does not receive any additional tax revenue. Ms.
Taylor clarified that tax shifts can occur between properties within a class (i.e.
residential), across classes (i.e. shift from commercial to residential), between lower
tiers in a two-tier system, and by municipality across the province. She highlighted
important dates to remember including the deadline of March 31, 2009 for a request
for reconsideration and urged the public to verify the property specific information on
their notices and contact MPAC as soon as possible to correct errors. Ms. Taylor also
advised of a new Ontario Senior Homeowners Property Tax Grant administered as
part of the Provincial income tax return. She referred members of the public to
"AboutMyProperty" at MPAC's website www.mpac.ca to obtain detailed information on
up to 24 additional properties which will help to determine the accuracy of their
assessment. Ms. Taylor also suggested that a copy of her presentation be made
available on the municipality's website at www.clarington.net for the public's
information.
Resolution #C-562-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT Council recess for ten minutes following the delegation of Aiden Tombs and
Emily Manns.
"CARRIED"
DELEGATIONS
Aiden Tombs and Emily Manns addressed Council concerning Item 18 of Report #1 -
Proposed Idling Control By-Law. Ms. Manns acknowledged current problems with the
state of the economy and fluctuating gas prices and stated that reducing idling would
save the environment and stabilize gas prices. She noted air pollution has caused
5,000 premature deaths. Mr. Tombs stated a recent newspaper article had
questioned whether the by-law was enforceable and it is his opinion that it would be.
He advised that as a concerned citizen, he would inform people of the impacts idling
has on the environment and report offenders, if necessary. Ms. Manns stated they
have provided Council with enough information to vote to enact this by-law and feel
that the environment and health of fellow citizens cannot wait much longer.
Mr. Tombs feels that Clarington will fall behind quickly and that the Municipality needs
to take a leadership role and implement this by-law immediately.
The meeting recessed and reconvened at 9:21 p.m.
Council Meeting Minutes - 6 - December 8, 2008
Nadia McLean-Gagnon addressed Council regarding By-law 2008-205 being a by-law
to amend the Procedural By-Law to limit the time for presentations to Council to ten
minutes. Ms. McLean-Gagnon stated as a concerned citizen and teacher, speaking
on behalf of her students, she feels freedom of expression is a fundamental right and
quoted the Canadian Charter of Rights and Freedoms' right to free speech.
Ms. McLean-Gagnon stated at this time when Canada's economy and government is
in severe crises, she feels elected officials should realize that there is a need to
establish a relationship with their constituents to allow for public participation in
decision-making. She noted local government touches the day-to-day lives of the
residents of a community and that a gag should not be placed on the voices of the
citizens who recognize the same problems as the elected officials and who simply
want to protect the community in which they live. Ms. McLean-Gagnon feels that
Council should not be alienating the public but should put more effort into helping the
community work together to solve problems.
COMMUNICATIONS
Resolution #C-563-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 6, 1 - 11, and I - 13.
"CARRIED"
I - 1 Minutes of the Santa Claus Parade Committee dated November 11,
2008.
1 - 2 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to
the Honourable Dwight Duncan, Minister of Finance and Chair of the
Management Board, requesting the Ministry of Finance to reconsider
the implementation of new assessments in light of the economic
downturn and that the request for reconsideration deadline be
extended for a further six-month period.
1 - 3 P. M. Madill, Regional Clerk, Region of Durham, writing to
Wanda Stephen, Acting General Manager, Kawartha Region
Conservation Authority, advising that on November 19, 2008,
Regional Council adopted the following resolution pertaining to
Regional Comments on A Review of the Kawartha Region
Conservation Authority:
Council Meeting Minutes - 7 - December 8, 2008
"a) THAT the Region confirm its support for the continuation of the
Kawartha Region Conservation Authority and urge the Authority
Board to proceed to implement the findings of A Review of the
Kawartha Region Conservation Authority; and
b) THAT a copy of Report#2008-P-86 of the Commissioner of
Planning be forwarded to the Kawartha Region Conservation
Authority, the Townships of Brock and Scugog, and the other
member municipalities."
1 - 4 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors providing an update on
MPAC's 2008 activities in support of changes to the property
assessment system in the 2007 and 2008 Ontario Budgets, the
assessment update, and their commitment to customer service
excellence. The correspondence indicates that although the bulk of
MPAC's activities have been focused on the 2008 assessment
update, they are equally committed to implementing activities
including stakeholder outreach, participation at the annual Association
of Municipalities of Ontario (AMO) Conference, a new
Customer-Centred Corporate Strategy, service delivery,
implementation of the Ombudsman's recommendations and
assessment complaints regarding the downtown Toronto office
complexes collectively known as the Bank towers.
1 - 5 Katie Cronin-Wood, Communications Lead, Central East LHIN and
Leigh Winn-Kruck, Communications, Lakeridge Health, advising that
the Central East LHIN has designated Lakeridge Health Oshawa as a
District Stroke Centre; that the designation will allow the hospital to
hire specialized clinical staff and to purchase clot busting drugs that
can be quickly administered to minimize the effects of a stroke; and,
that the Stroke Centre will provide close to home care for Durham
Region stroke patients who previously had to travel to Toronto, Barrie,
York Region or Peterborough to access these services.
1 - 7 Paul Andre Larose, Ph.D., expressing concern with the gradual
erosion of free expression at Clarington Council; forwarding a series
of quotes relating to freedom that illustrate, from an historical
perspective, the perils of tempering with freedom; and, reminding
Council of the long-term consequences of what appears at first sight
to be a convenient political expedient.
Council Meeting Minutes - 8 - December 8, 2008
1 - 8 Linda Gasser expressing opposition to the direction to staff to prepare
an amendment to the Procedural By-law to limit the duration of
presentations to Council to ten minutes without the benefit of
understanding options and impacts and expressing concern with the
systematic dismantling of processes that allow the public to
participate in decisions affecting the community.
1 - 9 Doug Abernethy, Founder, Ontario RAID (Report All Impaired
Drivers), advising the Ontario Provincial Police, in partnership with
RAID, are introducing a new initiative to combat drinking and driving
by encouraging citizens to call OPP dispatch immediately if they
suspect they have spotted an impaired driver; advising the program is
currently working in over 40 OPP Detachments and that over 90,000
RAID wallet-cards have been distributed at RIDE checks by the OPP;
and, indicating that resources are available for interested
communities to get involved in the RAID program locally to raise
public awareness and have a greater impact on impaired driving.
1 - 10 Jim Richards expressing concern that democracy is being eroded by
Council with changes to the Procedural By-law in limiting delegations
to speaking from ten minutes to five minutes and now proposing an
amendment to the Procedural By-law to limit the time of presentations
to ten minutes; requesting Council to disregard the motion to limit the
time for presentations and to reinstate the ten minute allowance for
delegations in an attempt to reinstate freedom and democracy; and,
requesting a response, in writing, to his correspondence.
1 - 12 Doug Robertson, Project Manager, Transportation Infrastructure,
Transportation and Field Services Branch, Region of Durham, writing
to the TDL Group Corp. regarding Tim Hortons store site
modifications at the southwest corner of Waverley Road and Baseline
Road; confirming that the Region will not proceed with the closure of
the right-in access from Regional Road 57 based on the commitment
by TDL to start construction of improvements at the site as soon as
possible to implement a permanent solution to the queue spilling back
issue at the location; and, advising the Region has retained the right
to close the right-in access from Regional Road 57 if they are not
satisfied that reasonable progress has been made on the site
improvements.
1 - 14 Karen Branch advising she is not pleased with being forced to be part
of a pilot program for clear plastic bags and will not be a willing
participant and questions the enforcement process. Ms. Branch feels
that Clarington residents should not have to pay taxes for refuse
collection because of the planned incinerator.
Council Meeting Minutes - 9 - December 8, 2008
1 - 6 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
November 19, 2008, Regional Council adopted the following
resolution pertaining to the Growing Communities Healthcare
Alliance - Durham Region's Hospital Funding Gap:
°WHEAREAS Ontarians believe in the principle of fairness; that
fairness defines who we are and how we live;
WHEREAS the high growth communities in Ontario grow at more
than twice the rate of the provincial population growth rate and are
aging at twice the provincial rate;
WHEREAS population growth in these regions will further intensify
due to Ontario's 30-year growth plan, Places to Grow;
WHEREAS as of 2008/09 Ontarian's residing in the Local Health
Integration Networks (LHINs) with high growth communities are
receiving $258 less per resident in provincial funding for local hospital
services compared to residents in other LHINs in Ontario, which
translates into a $1.4 billion annual operating funding gap for local
hospital services and these provincial funding gaps worsen each
year;
WHEREAS Durham residents as part of the Central East LHIN are
receiving $229 less per resident in provincial funding for local hospital
services when compared to the average Ontarian, which translates
into a $345 million annual operating funding gap for local hospital
services;
WHEREAS more than four million Ontarians living in high growth
communities are receiving $218 less per resident for provincially
funded local social services when compared to the average Ontarian,
which translates into a $708 million annual operating funding gap for
local provincially funded social services — and these provincial funding
inequities also worsen each year;
WHEREAS the Government of Ontario has acknowledged the
growing funding gaps for hospital services in high growth
communities by committing during the 2007 provincial election to
provide $100 million in additional annual operating funding to high
growth hospitals;
Council Meeting Minutes _ 10 - December 8, 2008
WHEREAS the provision of$30 million in hospital growth funding for
2008/09 still means that the provincial funding gap for hospital care
continues to widen in high growth communities;
WHEREAS the Government of Ontario has announced that it is
developing and will implement a new Health Based Allocation Model
(HBAM) to allocate new health care resources to Local Health
Integration Networks based on patient care needs and to address
health care funding inequities in Ontario;
BE IT RESOLVED THAT in order to improve timely and local access
to hospital care in the Region of Durham and across high growth
communities in Ontario, the Durham Regional Council asks that the
Government of Ontario:
1. Speed up implementation of the $100 million hospital growth
funding commitment ensuring that growth funding is targeted to
high growth hospitals and provide growth funding for social
services;
2. Quickly implement a 'Health Based Allocation Model' (HBAM) i.e.,
population-needs-based-funding for provincial hospital and health
care services and develop a population-needs-based funding
formula for social services; and
3. Develop a health care and social services growth plan for Ontario
high growth communities to complement Places to Grow;
AND FURTHER THAT this resolution be forwarded to the Premier of
Ontario, the Minister of Health and Long-Term Care, the Minister of
Finance, the MPPs in Durham Region, High Growth Communities
Mayors and Chairs, and the Central East LHIN."
Resolution #C-564-08
Moved by Councillor Woo, seconded by Councillor Foster
THAT the rules of procedure be suspended to allow for a motion to reconsider
Resolution #C-476-08 passed on September 29, 2008.
"CARRIED"
Council Meeting Minutes - 11 - December 8, 2008
Resolution #C-565-08
Moved by Councillor Woo, seconded by Councillor Foster
WHEAREAS Ontarians believe in the principle of fairness; that fairness defines
who we are and how we live;
WHEREAS the high growth communities in Ontario grow at more than twice the
rate of the provincial population growth rate and are aging at twice the provincial
rate;
WHEREAS population growth in these regions will further intensify due to
Ontario's 30-year growth plan, Places to Grow;
WHEREAS as of 2008/09 Ontarian's residing in the Local Health Integration
Networks (LHINs) with high growth communities are receiving $258 less per
resident in provincial funding for local hospital services compared to residents in
other LHINs in Ontario, which translates into a $1.4 billion annual operating
funding gap for local hospital services and these provincial funding gaps worsen
each year;
WHEREAS Durham residents as part of the Central East LHIN are receiving
$229 less per resident in provincial funding for local hospital services when
compared to the average Ontarian, which translates into a $345 million annual
operating funding gap for local hospital services;
WHEREAS more than four million Ontarians living in high growth communities
are receiving $218 less per resident for provincially funded local social services
when compared to the average Ontarian, which translates into a $708 million
annual operating funding gap for local provincially funded social services —and
these provincial funding inequities also worsen each year;
WHEREAS the Government of Ontario has acknowledged the growing funding
gaps for hospital services in high growth communities by committing during the
2007 provincial election to provide $100 million in additional annual operating
funding to high growth hospitals;
WHEREAS the provision of$30 million in hospital growth funding for 2008/09
still means that the provincial funding gap for hospital care continues to widen in
high growth communities;
WHEREAS the Government of Ontario has announced that it is developing and
will implement a new Health Based Allocation Model (HBAM) to allocate new
health care resources to Local Health Integration Networks based on patient
care needs and to address health care funding inequities in Ontario;
Council Meeting Minutes - 12 - December 8, 2008
BE IT RESOLVED THAT in order to improve timely and local access to hospital
care in the Region of Durham and across high growth communities in Ontario,
the Durham Regional Council asks that the Government of Ontario:
1. Speed up implementation of the $100 million hospital growth funding
commitment ensuring that growth funding is targeted to high growth
hospitals and provide growth funding for social services;
2. Quickly implement a `Health Based Allocation Model' (HBAM) i.e.,
population-needs-based-funding for provincial hospital and health care
services and develop a population-needs-based funding formula for social
services; and
3. Develop a health care and social services growth plan for Ontario high
growth communities to complement Places to Grow;
AND FURTHER THAT this resolution be forwarded to the Premier of Ontario,
the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs
in Durham Region, High Growth Communities Mayors and Chairs, and the
Central East LHIN.
"CARRIED"
1 - 11 Wayne Blackburn questioning whether Council has considered
putting the Total Hockey collection on display.at Clarington sports
centres so that the residents of Clarington have the opportunity to
view it indefinitely.
Resolution #C-566-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence I - 11 from Wayne Blackburn with respect to the Total
Hockey collection be referred to the Director of Community Services.
"CARRIED"
1 - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on November 19, 2008, Regional Council adopted the
following resolution pertaining to the Clear Bags Pilot Study
Objectives and Procedures:
Council Meeting Minutes - 13 - December 8, 2008
"a) THAT the clear bag pilot study be limited to a three (3) month
duration from January 12 to April 10, 2009 for approximately
1,500 homes within two (2) distinct routes, one (1) each in the
City of Pickering and the Municipality of Clarington;
b) THAT the collection and enforcement process for the clear
garbage bag pilot program be based on the following process:
i) THAT the first two collections be an 'education collection' to
educate residents on the requirements of the clear bag
program;
ii) THAT the second two collections be an 'audit collection' to
evaluate the remaining diversion potential;
iii) THAT the Region's contractor exercise tolerance on the
remaining collections when proceeding with the 'enforcement
collection' when waste does not comply with the program
requirements and if left at the curb, that an explanation as to
why it was not collected be left;
c) THAT the objectives of the clear bag pilot project will be to
assess whether there is an increase in diversion and participation
in the recycling/composting programs;
d) THAT high-rise apartments will not be included in the clear bags
pilot study;
e) THAT the collection contractor institute an enforcement regime
whereby non-conforming refuse be left at the curbside within the
tolerance of the Region's contractor;
f) THAT staff report back at the next Works Committee meeting
with a complete synopsis of the communication strategy,
marketing strategy and advertisement plan for the implementation
of the clear bag pilot project for the City of Pickering and the
Municipality of Clarington and that the synopsis include a pre-
determined grace period for residents to allow them sufficient
time to comply with the requirements of the pilot program;
g) THAT the foregoing report be provided to all Regional Councillors
and a copy forwarded to the City of Pickering and the Municipality
of Clarington; and
Council Meeting Minutes - 14 - December 8, 2008
h) THAT all members of Pickering and Clarington Councils, and the
members of the Works Committee be informed of the dates for
the hand-delivery of the notices advising of the commencement
of the pilot study."
Resolution #C-567-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT a letter of appreciation be forwarded to the Region of Durham with
respect to the actions taken to date on the Clear Bag Pilot Study.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-568-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 4 and D - 7 to D - 11, inclusive.
"CARRIED"
D - 1 Josie Coscarella, expressing concern with the posted speed limit of
80 km per hour on Courtice Road North, in the vicinity of 4200
Courtice Road North, permitting vehicles to travel at a dangerously
high speed in a residential environment; and, requesting the speed
limit be reduced to 60 km per hour to address safety concerns.
(Correspondence referred to the
Region of Durham)
Council Meeting Minutes - 15 - December 8, 2008
D - 2 Harold Sellers, Executive Director, Oak Ridges Trail Association
(ORTA), advising over 40 km of the Oak Ridges Trail is located with
the Municipality of Clarington and the Association is working with
municipalities on the trail to put in place written formal agreements
respecting the use of lands by ORTA for the purpose of the Oak
Ridges Trail; forwarding a draft agreement for consideration
addressing liability concerns, establishing standards, procedures and
responsibilities for trail maintenance and providing an opportunity for
ORTA and the municipality to communicate on a periodic basis; and
requesting the opportunity to formalize the agreement with the
Municipality for use of municipally-owned lands presently accessed
by the Oak Ridges Trail.
(Correspondence referred to the
Director of Engineering Services)
D - 3 Carol Eldridge expressing concern with the 12 hour timeframe in
which homeowners must have their sidewalks cleared of snow and
requesting an amendment to the By-law to change the timeframe to
18 or 24 hours to recognize the difficulty the working public has in
adhering to the requirements of the by-law.
(Correspondence referred to the
Municipal Clerk)
D - 5 Mike Sawchuck, Community Program Officer, Ontario Heritage
Trust, extending an invitation to the Municipality to participate in
Doors Open Ontario 2009, an Ontario Heritage Trust province-wide
cultural heritage tourism program, a program which raises
awareness of local history and heritage sites, garners media
attention and promotes civic pride; forwarding a Doors Open Ontario
2009 Registration Form and Information Guideline; and advising the
deadline to submit the registration form and $1,500 registration fee is
December 19, 2008.
(Correspondence referred to the
Director of Planning Services)
D - 6 Heather and Joanne McFarland, Event Organizers, Clarington Polar
Bear Swim, requesting approval for members of Clarington Fire
Station 2 to attend the 7th Annual Clarington Polar Bear Swim to
raise awareness of the urgent need of organ and tissue donations
and to raise awareness and support for liver disease research. Last
year, $4,500 was presented to The Hospital for Sick Children.
(Request approved)
Council Meeting Minutes - 16 - December 8, 2008
D - 4 Peter DeJong, Chairperson, Newcastle Community Hall Board,
requesting that the Board's one full-time employee be added to the
Municipality's benefit package for medical/dental coverage for 2010;
and, advising that the Board would assume responsibility for the cost
of this addition to the package.
Resolution #C-569-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D —4 from Peter DeJong, Chairperson, Newcastle
Community Hall Board with respect to an addition to the Municipality's benefit
package be referred to the Director of Corporate Services.
"CARRIED"
D - 7 Alex Mitchell, City Clerk, City of Cambridge advising Council that on
November 17, 2008, the City of Cambridge adopted the following
resolution pertaining to property tax assessment:
"WHEREAS significant changes have occurred to the process of
reassessing of properties since the last reassessment completed in
2005;
WHEREAS the Government of the Province of Ontario through the
introduction of Bill 187 and Bill 44 has imposed the changes in
response to public complaints and the recommendations that came
from the Ombudsman's Report into assessment activities;
WHEREAS the changes have led to a 4 year cycle for reassessing
properties with the current reassessment based on January 1, 2008
values;
WHEREAS the market value changes are being phased in over 4
years commencing 2009 for properties of all classes where there is
an increase over and above the percentage increase in market value
for the class of property from 2005 to 2008;
WHEREAS for properties with a market value assessment that is
below the percentage increase in market value for its class, property
tax decreases will be implemented immediately;
WHEREAS the economy has recently entered into a severe
downturn resulting from a number of pressures both internal and
external including the global financial crisis;
Council Meeting Minutes - 17 - December 8, 2008
WHEREAS the forecast is for the economy to deteriorate further in
2009 with recessionary pressures in industry and.peoples day to day
lives coupled with ongoing job losses;
THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the City of Cambridge calls on the Honourable
Dwight Duncan, Minister of Finance of Ontario, the Honourable
Dalton McGuinty, Premier of Ontario and, the Government of
Ontario, to do what they can to help soften the blow for Ontario
residents and property owners of all classes including, a deferral of
the 4 year phase in for property tax increases by 1 year from the
present phase in of 2009, 2010, 2011 and 2012 to 2010, 2011, 2012
and 2013;
AND FURTHER THAT the motion once approved be forwarded to all
MPPs representing Waterloo Region, to the Leader of the Official
Opposition, to the Leader of the 3rd party and, through AMO, to all
other municipalities for their consideration.
Resolution #C-570-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the City of Cambridge with respect to property tax
assessment be received for information.
"CARRIED"
D - 8 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Board of
GO Transit advising that on November 17, 2008, the City of
Pickering adopted the following resolution pertaining to security and
safety at GO Stations:
"WHEREAS there are over 200,000 passengers on GO trains and
buses every weekday; and
WHEREAS there are about 50,000 parking spots available at GO
parking lots used by 12 million vehicles per year; and
WHEREAS GO Transit indicated that there are 350 reported
incidents of theft and vandalism annually; however, GO Transit has
no process for riders to report thefts and vandalism or GO to track;
and
Council Meeting Minutes - 18 - December 8, 2008
WHEREAS media reports and first hand information of many theft
and vandalism incidents at GO Stations, including Pickering, are
unreported or unrecorded by GO Transit and police; and
WHEREAS many visitors indicate that they have been the victim or
know someone who has been the victim of incidents ranging from
vandalism and personal property theft to vehicle theft. Some cars
are reported with missing lights, wheels and airbags. One media
report noted that GO Transit parking lots are 'auto parts stores' for
brazen thieves.
NOW THEREFORE although GO Transit has made attempts to
improve safety and security, more needs to be done
NOW THEREFORE BE IT RESOLVED THAT the City of Pickering
requests that GO Transit put in place the following measures:
- provide better education to riders to protect themselves and
their personal property
- establish a formal reporting and tracking process through GO
Transit staff and online for riders to report incidents and that
through advertising, GO Transit make riders aware of the
processes to report incidents to GO Transit and police
- that GO Transit record and report all incidents and compile and
share this information with the local police services and to
riders through its newsletters and online to municipalities in
which it operates
- GO Transit increase staff and enforcement at GO Stations and
pedestrian and parking areas to improve safety and security of
property
- improve lighting, particularly in well used pedestrian areas
- increase closed circuit television cameras
- other safety and security measures as appropriate
AND FURTHER THAT a copy of this resolution be shared with
Durham municipalities, the GO Transit Board, Durham Regional
Police Services and MPP's for Ajax-Pickering and Scarborough
East-Pickering."
Council Meeting Minutes - 19 - December 8, 2008
Resolution #C-571-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the City of Pickering with respect to security and
safety at GO Stations be endorsed.
"CARRIED"
D - 9 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on November 17,
2008, the City of Pickering adopted the following resolution
pertaining to Durham Region Anti-Violence Intervention Strategy:
"WHEREAS the Ministry of Community Safety and Correctional
Services is committed to ensuring that Ontario's communities are
supported and protected by law enforcement and public safety
systems that are safe, secure, effective, efficient and accountable
and therefore proposed the creation of an Anti-Violence Intervention
Strategy within communities in the GTA to help combat gun related
violence and other street level crime; and
WHEREAS the aim of the Anti Violence Intervention Strategy is to
utilize intelligence already gathered to identify areas within a
community where high incidents of gang activity or violence have or
are likely to occur and to take a proactive approach aimed at
reducing violence, increasing community safety and improving the
quality of life for members of the community, who have been
impacted by this type of criminal violence; and
WHEREAS in 2007 the Ministry gave the approval for$510,000 to
be provided to the Durham Regional Police Service to create an Anti
Violence Strategy within Durham Region. The Durham Region Anti
Violence Strategy (DRAVIS) was created and became operational in
early 2008; and
WHEREAS the City of Pickering and its residents view crime and
crime prevention to be of the utmost importance and contribute to a
more sustainable community through Sustainable Pickering lens of
healthy society; and
Council Meeting Minutes - 20 - December 8, 2008
WHEREAS it is widely believed that crime prevention cannot be
accomplished without the community's involvement and
understanding, which is at the core of the DRAVIS program. Officers
are deployed in uniform and maintain a high level of visibility within
the community by patrolling areas in marked patrol cars, on foot and
during warmer weather on police bicycles. Additionally officers
assigned to DRAVIS distribute, to area residents, specially printed
business cards outlining the DRAVIS program and empowering the
community with knowledge in order to be involved in the prevention
of neighbourhood crime; and
WHEREAS the DRAVIS program has been a successful program in
Durham Region with the prevention of crime, empowering
community members and creating more visibility of our Police
Services. To date there have been 110 DRAVIS initiatives
completed in Durham Region and has resulted in 2098 street
checks, 507 arrests, and 16 weapons seized including 1 firearm;
NOW THEREFORE the City of Pickering resolves to
Minister Bartolucci, Minister of Community Safety and Correctional
Services that the City of Pickering supports and requests that the
Anti Violence Intervention Strategy program is continued in Durham
Region and that continual funding be provided to Durham Regional
Police Services in order for the operation of DRAVIS to continue
throughout our region and ensure crime prevention initiatives are
continued.
AND FURTHER a copy of this resolution be forwarded to
Sergeant Mariano, Durham Regional Police Services, Durham MP's,
Durham MPP's, Durham Regional Council and all Durham municipal
Councils for endorsement and further, that the endorsements be
forwarded to Minister Bartolucci."
Resolution #C-572-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the resolution from the City of Pickering with respect to Durham Region
Anti-Violence Intervention Strategy be endorsed.
"CARRIED"
Council Meeting Minutes - 21 - December 8, 2008
D - 10 David Kelly, Chair, Clarington Accessibility Advisory Committee,
advising Council that on December 2, 2008, the Clarington
Accessibility Advisory Committee adopted a resolution
recommending that Clarington Council endorse the following
resolution of the Regional Municipality of Durham pertaining to Bill
94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans):
"a) THAT Durham Region Council supports Bill 94;
b) THAT staff be directed to write a letter to the Minister of
Community and Social Services indicating such support, and
attaching a copy of Report #2008-A-43; and
c) THAT a copy of the letter and Report#2008-A-43 be forwarded to
the Premier of Ontario, Durham's MPPs, area municipalities and
area Accessibility Advisory Committees."
Resolution #C-573-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the resolution from the Clarington Accessibility Advisory Committee with
respect to Bill 94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans) be endorsed.
"CARRIED"
D - 11 Jack Gibbons, Chair, Ontario Clean Air Alliance, advising the
Alliance has launched a campaign to build public support for a
Nuclear Cost Responsibility Act, which if enacted, would make it
illegal for nuclear power companies to pass their capital cost
overruns onto Ontario's taxpayers or electricity ratepayers;
forwarding a copy of their Nuclear Cost Accountability Petition, fact
sheet and handbill; and, requesting Council to consider signing the
petition.
Council Meeting Minutes - 22 - December 8, 2008
Resolution #C-574-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D — 11 from Jack Gibbons, Chair, Ontario Clean
Air Alliance, with respect to support for a Nuclear Cost Responsibility Act be
received for information.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report December 1,
2008
Resolution #C-575-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of December 1,
2008 be approved with the exception of Items #9 and #18.
"CARRIED"
Item 9
Resolution #C-576-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-077-08, Addendum and Addendum 2 to Report PSD-077-08, be
received for information.
"CARRIED"
Item 18
Resolution #C-577-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT staff meet with the delegation to investigate and explore details regarding a
municipal idling by-law and a written report be submitted to Council as step one of this
important issue.
"MOTION LOST"
Council Meeting Minutes - 23 - December 8, 2008
Resolution #C-578-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report CLD-035-08 be received;
THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08,
be approved;
THAT the interested parties listed in Report CLD-035-08 be advised of Council's
decision; and
THAT staff engage in discussion with the delegations for future consideration.
"CARRIED"
STAFF REPORT(S)
1. Report CLD-036-08 - Temporary Appointment Order to Restrain Appeals
2. Report COD-070-08 - By-Law Snow Removal Service (To be Distributed
Under Separate Cover)
3. Confidential Verbal Report of the Chief Administrative Officer Regarding
Personnel Matters
Resolution #C-579-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report CLD-036-08 be received;
THAT Tom Vendrasco, Municipal Law Enforcement Officer, be appointed to conduct
Order to Restrain Appeal hearings during the absence of the Manager of Municipal
Law Enforcement; and
THAT the necessary by-law be approved by Council.
"CARRIED"
Council Meeting Minutes - 24 - December 8, 2008
Resolution #C-580-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report COD-070-08, be received;
THAT D & F Snow Removal, Bowmanville, Ontario, with a total bid in the amount of
$11,712.00 for all sections including Section I, Courtice and Hampton, Section 2,
Bowmanville and Section 3, Clarington East and Orono, excluding GST, being the
lowest responsible bidder meeting all terms, conditions and specifications of quotation
Q2008-32, be awarded the contract for Snow Clearing for the term commencing
immediately and expiring on November 30, 2009;
THAT pending satisfactory service the contract be extended for a second and third
year; and
THAT the required funds be drawn from the respective year's operating budget for
snow clearing.
"CARRIED"
Resolution #C-581-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving verbal reports with respect to
personnel matters.
"CARRIED"
The meeting resumed in open session at 10:42 p.m.
The Mayor advised that a closed meeting of Council was held in accordance with
Section 239 of the Municipal Act. During the closed session, the Chief Administrative
Officer provided verbal reports with respect to three personnel matters.
Resolution #C-582-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the recommendations of the Chief Administrative Officer with respect to the
personnel matters be endorsed.
"CARRIED"
Council Meeting Minutes - 25 - December 8, 2008
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-583-08
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS the Municipality of Clarington's Development Charges By-law No. 2005-
108, as amended by By-Law No. 2008-104 and By-Law 2007-195 and By-Law 2006-
160, provides for annual indexing to next take place on January 1, 2009;
WHEREAS By-Law 2005-108 as amended, provides for a phasing schedule whereby
the final component of the phase-in schedule approved June 9, 2008 is effective on
January 1, 2009; and
WHEREAS Council is concerned over the combined impact of both the indexing and
the phase-in resulting in a 25% increase in the development charges quantum during
a time of economic uncertainty;
NOW THEREFORE BE IT RESOLVED that staff be directed to:
1. prepare a draft amendment to By-law 2008-108 to defer the final component of
the phase-in increase from January 1, 2009 to July 1, 2009, and to hold the
necessary public meeting so that Council can consider the amendment as early
as possible in 2009; and
2. not increase the existing charge on January 1, 2009 for the phase-in increase,
but rather pending consideration by Council of the amendment to the By-Law,
just increase it on that date by the indexing component of By-law
2008-108 as is standard practice in all municipalities.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-584-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Addendum 3 to Report PSD-077-08 be received;
THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be approved as indicated in Attachment 1 to Addendum 3 to
Report PSD-077-08 and that the necessary by-law be passed at such time as the
applicant has brought their accounts with the Municipality up to date;
Council Meeting Minutes - 26 - December 8, 2008
THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be approved and that the by-law as contained in Attachment 2 to
Addendum 3 to Report PSD-077-08 be passed at such time as the applicant has
brought their accounts with the Municipality up to date;
THAT, subject to Recommendation 5 of this resolution, an exception to the
Municipality's policy and practice be granted to provide for a private open space'area
within the valley lands on an area of approximately 1.6 hectares, provided that a hotel
containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15;
THAT prior to adopting the proposed amendments, an agreement of purchase and
sale be made between the applicant and the Municipality to the satisfaction of the
Municipality's Solicitor providing for the transfer of the fee simple interest and
possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years
following the date when the zoning by-law comes into effect a hotel which satisfies
Recommendation 4 of this resolution has not been constructed on the lands zoned (H)
C5-15;
THAT an appropriate by-law be passed for the Mayor and Clerk to execute an
agreement;
THAT copies of Report PSD-077-08 and Addendums and Council's decision be
forwarded to the Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-077-08 and any delegations be
advised of Council's decision.
"CARRIED"
Resolution #C-585-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Inspector Green be received with thanks. ,
"CARRIED"
Resolution #C-586-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the presentation of Dr. Neil Alexander be received with thanks.
"CARRIED"
Council Meeting Minutes - 27 - December 8, 2008
Resolution #C-587-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Nancy Taylor, Director of Finance/Treasurer be received
with thanks.
"CARRIED"
Resolution #C-588-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Nadia McLean-Gagnon be received with thanks.
"CARRIED"
BY-LAWS
Resolution #C-589-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-205 to 2008-216 inclusive;
2008-205 Being a by-law to amend By-law 2007-227, a by-law to govern the
proceedings of the Council of the Municipality of Clarington, its
General Purpose and Administration Committee and Special
Committees
2008-206 Being a by-law to authorize entering into an agreement with the
Owners of 73 Cherry Blossom Crescent, Courtice, Paul and
Sharon Jefferson, and the Corporation of the Municipality of
Clarington in respect of minor variance application A2008-0023
2008-207 Being a by-law to require the payment of fees for information and
services provided by the Municipality of Clarington and for
prescribing the amount of such fees and to amend By-law 96-032,
as amended
2008-208 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hardy Stevenson and
Associates Limited, Toronto, Ontario, to enter into an agreement
for Consulting Services, Port Granby Long-Term Low-Level
Radioactive Waste Management
Council Meeting Minutes - 28 - December 8, 2008
2008-209 Being a by-law to establish certain lands as public highway, assume
them for public use and name them
2008-210 Being a by-law to assume a certain street within the Municipality of
Clarington as public highway in the Municipality of Clarington
2008-211 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2008-212 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2008-213 Being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and 511060 Ontario Limited
respecting a Front-Ending Agreement between Schickedanz Bros.
Limited and the Municipality dated September 25, 1995 which is
registered on title to Lots 13 to 18, inclusive, on registered Plan of
Subdivision 40M-2094
2008-214 Being a by-law to repeal By-law 92-81, a by-law to designate the
property known for municipal purposes as 27 King Street West,
Bowmanville, as a property of historic or architectural value or
interest under the Ontario Heritage Act
2008-215 Being a by-law to amend Clarington Traffic By-law 91-58 by
prohibiting excessive idling of vehicles in the Municipality of
Clarington
2008-216 Being a by-law to amend By-law 2006-227, as amended, a by-law
to licence, regulate and prohibit certain animals or classes thereof
within the limits of the Municipality of Clarington, or defined areas
therein; and,
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Novak distributed a scenario being presented to the Region of Durham
regarding the Grow Durham Study and requested Members of Council to contact her if
they had any questions.
Council Meeting Minutes - 29 - December 8, 2008
Councillor Hooper advised that at the Accessibility Advisory Committee meeting Joe
Caparelli and Judy Turner, Region of Durham provided an update on pedestrian
signals indicating that the timing of the signals at King Street East and Simpson
Avenue meet the industry standards. They also indicated that the signals at King
Street East and Liberty Street will have audible signals installed in the near future.
CONFIRMING BY-LAW
Resolution #C-590-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-218, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 8th day of December, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-591-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 10:51 p.m.
"CARRIED"
MAYOR MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
January 12, 2009
a) Richard Toms, Executive Director, The Visual Arts Centre of
Clarington — Strategic Plan — 2009 — 2011 "Encouraging the Creative
Impulse" (Correspondence Item I — 12)
b) Hannu Halminen regarding Report PSD-008-09 —Application for
Removal of Holding, Prestonvale Land Corporation and Paul Lyskyk
Family Trust (Item 7 of Report#1)
SUMMARY OF CORRESPONDENCE
JANUARY 12, 2009
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
1 - 1 Minutes of the Clarington Compost Facility Community Relations
Committee dated September 18, 2008. (Copy attached)
1 - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated October 16, 2008. (Copy attached)
1 - 3 Minutes of the Clarington Highway 407 Community Advisory
Committee dated December 3, 2008. (Copy attached)
1 - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated
November 14, 2008. (Copy attached)
1 - 5 Minutes of the Ganaraska Region Conservation Authority dated
December 11, 2008. (Copy attached)
1 - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
November 24, 2008, the City of Oshawa received and filed
correspondence from the Municipality of Clarington and the Town of
Ajax on the Town of Ajax's request for review of Regional Council
composition.
1 - 7 L. Deveaux, Veltri & Son Limited, forwarding a copy of
correspondence to Phil Meagher, Project Manager, Long-Term
Transit Strategy, Region of Durham, advising of a new subdivision
currently under construction in Newtonville which will increase the
community's population and requesting an investigation by Durham
Transit for extended bus service to Newtonville.
1 - 8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Jim Watson, Minister of Municipal
Affairs and Housing, George Smitherman, Ministry of Energy and
P. M. Madill, Regional Clerk advising that on November 24, 2008, the
Town of Ajax adopted the following resolution pertaining to the Ajax
Official Plan Review— Status Update:
1. THAT due to the timing of the Provincial Growth Plan conformity
exercise, the Town of Ajax requests the Ministry of Energy and
Infrastructure and the Ministry of Municipal Affairs and Housing to
extend the June 16, 2009 deadline that requires the Town to
amend the Ajax Official Plan to conform with the Growth Plan for
the Greater Golden Horseshoe (Growth Plan) to an appropriate
Summary of Correspondence - 2 - January 12, 2009
date following the approval, or resolution of any appeals to an
amendment to the Durham Regional Official Plan that implements
the provisions of the Growth Plan;
2. THAT a copy of the staff report entitled "Ajax Official Plan Review
Status Update" be forwarded to the Ministry of Energy and
Infrastructure and Ministry of Municipal Affairs and Housing; and
3. THAT a copy of the staff report entitled "Ajax Official Plan Review
and Status Update" be forwarded to the Durham Regional Clerk
and all other Durham area municipalities for information."
1 - 9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
November 17, 2008, the Planning and Economic Development
Committee adopted the following resolution pertaining to protection of
agricultural land within the white belt:
"THAT the Planning and Economic Development Committee for the
Township of Uxbridge support Resolution 08-21 of the Clarington
Agricultural Advisory Committee calling on the Region of Durham
Council to support the protection of agricultural lands within the white
belt through the redirection of the Grow Durham planning initiative
focus."
1 - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO
Transit, advising of a new evening rush hour train service on the
Lakeshore East GO leaving Union Station at 5:10 p.m. running
express to Pickering GO Station and serving Ajax, Whitby and
Oshawa stations, commencing on January 5, 2009. The new service
improvements are possible thanks to joint funding from the federal,
provincial and municipal governments for the GO Transit Rail
Improvement Program (GO TRIP), a $1 billion-dollar expansion
initiative, through the Canada Strategic Infrastructure Fund.
1 - 11 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
November 24, 2008, the City of Oshawa adopted the following
resolution pertaining to protection of agricultural land within the white
belt:
"THAT correspondence DS-08-486 dated October 28, 2008 from
Patti Barrie, Municipality of Clarington, forwarding a resolution passed
by the Agricultural Advisory Committee of Clarington regarding the
protection of agricultural land within the white belt be received for
information."
Summary of Correspondence - 3 - January 12, 2009
1 - 12 Richard Toms, Executive Director, the Visual Arts Centre of
Clarington (VAC), forwarding a copy of the Centre's Strategic Plan
2009-2011 — "Encouraging the Creative Impulse" highlighting
strategic themes and goals setting out VAC's direction for the next
three years.
1 - 13 Shirley McLean objecting to the proposed "Energy-From-Waste"
facility and urging Council to support more environmentally
sustainable and fiscally responsible alternatives.
1 - 14 Carol Hooper urging Council to maintain their "unwilling host" status
to the proposed energy-from-waste facility; to not sign a host
community agreement; to devise a Zero Waste Strategy through the
Official Plan Review; and, to pull out all stops to prevent building of
the EFW facility in order to protect the health of the community and
the environment.
1 - 15 Jeffrey A. Abrams, City Clerk, City of Vaughan, advising Council that
on December 8, 2008, the City of Vaughan adopted the following
resolution pertaining to the Cosmetic Pesticides Ban Act Draft
Regulations:
1. THAT the recommendation contained in the following report of
the Commissioner of Legal and Administrative Services and City
Solicitor, dated December 8, 2008, be approved;
2. THAT the Provincial Government be advised that in the City's
perspective the Draft Regulations are narrower in scope than the
City's Pesticide By-law;
3. THAT the City reiterate its position that where provincial
regulation is narrower in scope, municipal by-laws that are more
restrictive be allowed to prevail; and
4. THAT the City's position be communicated to AMO and GTA
municipalities."
1 - 16 Association of Municipalities of Ontario (AMO) Member
Communication dated December 10, 2008 announcing that the
Minister of Community and Social Services, Madeleine Meilleur has
extended the public review period for the Information and
Communications draft standards to February 6, 2009. The proposed
standard outlines how businesses and organizations may be required
to provide accessible public information in various formats such as
online, print, verbal and digital.
Summary of Correspondence - 4 - January 12, 2009
1 - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham
advising Council that on December 10, 2008, Regional Council
adopted the following resolution pertaining to the 2009 Interim
Property Tax Levy:
"a THAT a 2009 Interim Regional Tax Levy be imposed on the Area
Municipalities for all property tax classes;
b) THAT the amount due from each area Municipality be equivalent
to 50% of their respective share of the 2008 Regional Taxes;
c) THAT the 2009 Interim Regional Tax Levy be paid by the Area
Municipalities seven days subsequent to the installment due
dates established by each Area Municipality for the collection of
their respective interim municipal property taxes;
d) THAT the Regional Clerk be requested to advise the Area
Municipalities of the imposition of the 2009 Interim Regional Tax
Levy for all property tax classes; and,
e) THAT the requisite by-law be approved."
1 - 18 Alfred Frendo Cumbo expressing appreciation for the response he
received to parking enforcement issues on Kingsview Court; advising
that he is complying with the law; and, that he will ensure that any
future vehicles will comply with weight restrictions.
1 - 19 John O'Toole, MPP, Durham, writing to the Honourable James
Bradley, Minister of Transportation advising the Minister of the
potentially dangerous back-up of vehicles exiting Highway 401 at
Liberty Street in Bowmanville during peak traffic flow; advising the
Region of Durham has adjusted signal timing on Liberty Street to
reduce the impact; and, requesting that the Province review this
situation and advise what long-term steps are being undertaken to re-
build the Bowmanville exits and improve Highway 401 at Liberty
Street and Waverley Road.
1 - 20 Gary McNeil, Managing Director, & CEO, GO Transit, responding to
Debi A. Wilcox, City Clerk, City of Pickering, concerning the City of
Pickering's resolution requesting safety measures to improve vehicle
security and customer safety in GO Station parking lots, advising that
GO Transit is concerned with theft and vandalism; and, indicating that
many of the ideas referenced in the motion have been or are being
implemented.
Summary of Correspondence - 5 - January 12, 2009
1 - 21 Leesa Venning, Program Coordinator, Rehabilitation and Employment
Services, Canadian Mental Health Association providing an update on
the Organization's expenditure of the $1,000 Municipal Grant;
advising funds have been used to provided lunches throughout the
year and to subsidize special events such as Thanksgiving, Easter
and their 4th Anniversary celebration; and, thanking Council for
providing the grant and contributing to their efforts.
1 - 22 Peter Hume, President, Association of Municipalities of Ontario
(AMO) announcing that AMO, the Federal and Provincial
Governments and the City of Toronto have successfully completed
negotiation of the extension of the Federal Gas Tax Fund schedule of
payments until March 31, 2014; and, confirming that the Municipality
will receive $1,196,871.60 in July and November in the years 2010 to
2013.
1 - 23 Ministry of Municipal Affairs and Housing News Release dated
December 31, 2008, advising of changes in Ontario's Building Code
that will improve energy efficiency standards for new homes by
requiring near full-height insulation on foundation walls in new home
construction, the second step in a three-phased approach to energy
efficiency brought in with the introduction of the 2006 Building Code;
and indicating that a typical new home constructed under a building
permit applied for after December 31, 2008, will be 28% more energy
efficient than one built under the 1997 Building Code.
1 - 24 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors, providing an update on the
2008 Property Assessment Notices mailed to property taxpayers and
the delivery of Assessment Rolls to municipalities across Ontario;
highlighting initiatives undertaken to improve communications with
stakeholders including municipalities, the media and property
taxpayers; advising MPAC has fulfilled commitments made in
response to the Ombudsman's Report of March 2006, "Getting it
Right" including the implementation of all but 1 of the 20
recommendations which is planned for implementation in mid 2009;
and advising that changes and improvements have resulted in greater
transparency, improved accuracy and a better understanding of the
assessment process and MPAC's role in property taxation. A Local
MPAC Municipal Relations Representative is available to answer
questions or to make a formal presentation to Council.
Summary of Correspondence - 6 - January 12, 2009
1 - 25 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors, advising of the impacts of the
Assessment Review Board (ARB) decision on the interpretation of the
term "current value" ruling that for assessment purposes "current
value" be based only on the interest of the owner, exclusive of any
tenant interest, and that the buildings must be valued as if vacant;
indicating that the decision, if it stands, will significantly change the
way MPAC values tenanted commercial properties such as office
buildings and shopping centres; indicating that there are
approximately 17,000 such properties in Ontario with a current value
assessment of almost $100 billion; advising MPAC and the City of
Toronto have been granted leave to appeal the decision which could
take several years before the appeal is finally resolved putting a
significant amount of municipal revenue and provincial education tax
in jeopardy for future years; and, urging Council to continue to raise
this concern to local members of provincial parliament.
1 - 26 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing
announcing the release of the Ontario Municipal Partnership Fund
(OMPF) allocations for 2009 indicating the OMPF will provide $704
million to 387 municipalities across the province; confirming that in
2009, limits originally announced as part of the OMPF transition will
expire and that municipalities are now entitled to receive any funding
increases in full; and advising that further details on the 2009 OMPF
grant parameters will be provided to Municipal Treasurers in the near
future.
1 - 27 Roland Murphy, Major, Community & Family Services Coordinator,
The Salvation Army Bowmanville extending appreciation for support
received throughout 2008 and, in particular, the Christmas season;
acknowledging that through generous donations, the Salvation Army
was able to provide assistance to meet the demand of those in need.
1 - 28 Confidential Correspondence regarding an identifiable individual.
(Copy Attached)
1 - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning
Department, Regional Municipality of Durham, advising Council that
on November 25, 2008, Durham Regional Planning Committee
adopted the following resolution pertaining to the Growth
Implementation Study— Phase 5, Final Recommended Growth
Scenario and Policy Directions Report:
Summary of Correspondence - 7 - January 12, 2009
"a) THAT Planning Committee endorse the Consultant's Final
Phase 5, Recommended Growth Scenario and Policy Directions
Report, including additions/modifications thereto, as the basis for
proceeding with the Regional Official Plan Amendment process
to implement the Provincial Growth Plan;
b) THAT in addition to the Consultant's Final Phase 5,
Recommended Growth Scenario and Policy Directions Report,
staff be requested to consider the following in preparing the
Regional Official Plan Amendment:
i) a policy that considers the area surrounding transit centres
for mixed-use, including residiential in proximity and within
transit supportive distances, and that the transit centres be
subject to secondary planning that would help to assist
how that should come forward;
c) THAT based on the endorsement in part a) and additions in part
b), staff be authorized to prepare the Regional Official Plan
Amendment to implement the Provincial Growth Plan, and
proceed with the Statutory Public Open House and Statutory
Public Meeting, in accordance with the schedule included in
Report #2008-P-98 of the Commissioner of Planning and
amended in parts d) and e);
d) THAT the schedule included in Report #2008-P-98 of the
Commissioner of Planning be revised to include that public open
houses be held in each area municipality regarding the proposed
Regional Official Plan Amendment to implement the Provincial
Growth Plan; and
e) THAT the public open houses to be held in the Townships of
Brock, Scugog, and Uxbridge, in accordance with part d), be
held as one meeting in the Township of Uxbridge."
1 - 30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Jim Prentice, Federal Minister of the
Environment advising that on December 8, 2008, Ajax Town Council
adopted the following resolution pertaining to comments on the
Proposed Terms of Reference for Drinking Water Source Protection
Plans:
Summary of Correspondence - 8 - January 12, 2009
1. THAT the Minister of the Environment be strongly urged to
broaden the public consultation components proposed by the
CTC Source Protection Committee in the Proposed Terms of
Reference, prior to finalization, to increase public awareness of
the Drinking Water Source Protection process, the upcoming
Assessment Reports and to achieve more buy-in to the
Province's objectives and, ultimately, the effective
implementation of Source Protection Plans;
2. THAT the Minister of the Environment be respectfully requested
to inform the Town of Ajax and other lower-tier municipalities in
Durham Region, prior to finalizing the Proposed Terms of
Reference, of the "Assigned Lead" and tasks yet to be
undertaken to define and protect the intakes of municipal water
supply plants in Lake Ontario coastal water, and the associated
estimated costs;
3. THAT Durham Region staff appointed by Regional Council to the
CTC Source Protection be encouraged to strongly advocate for:
a) Amendments to the Proposed Terms of Reference to
ensure Ajax's recommendations and concerns, as
contained in this staff report and its Attachment, are
addressed as part of the scope of this process; and
b) Involvement of lower tier municipal staff in preparing
Assessment Reports, Source Protection Plans and
developing new water policy;
4. THAT this report be send directly to the Minister of the
Environment, respectfully requesting his advice as to how the
Town can effectively achieve solutions to its long-standing
concerns about the potential effects of declining costal water
quality in Lake Ontario on the quality of Lake-based municipal
water supplies serving this community through this process and
opportunities provided by other Provincial initiatives, such as
updates to other legislation and indicators of Great Lakes health;
5. THAT the Minister of the Environment be strongly urged to
conduct a study of the overall sustainable carrying capacity of
Lake Ontario for supplying high quality drinking water in
consultation with Environment Canada and Health Canada and
appropriate agencies in the United States; and
Summary of Correspondence - 9 - January 12, 2009
6. THAT this report also be sent to the CTC Source Protection
Committee, the Toronto and Region Source Protection Authority,
the Central Lake Ontario Source Protection Authority, the
International Joint Commission, Environment Canada, Health
Canada, the Ministries of Energy and Infrastructure, Natural
Resources and Municipal Affairs, the Great Lakes and St.
Lawrence Cities Initiative, the Durham Region Medical Officer of
Health, the other municipalities within Durham Region and the
Environmental Commissioner for Ontario."
CORRESPONDENCE FOR DIRECTION
D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham extending an
invitation to participate in "Purple Day for Epilepsy", on Thursday,
March 26, 2009, a campaign designed to bring awareness to
epilepsy by wearing purple on that day.
(Motion to Proclaim)
D - 2 Lucien Lambier and Donna Fletcher, writing to John O'Toole, MPP,
Durham, objecting to the Ontario Federation of Anglers and Hunters'
right to use the Kendal Crown Lands due to safety of surrounding
rural residential residents and the potential for reduction in property
values; and suggesting if the municipality wants to eliminate hunting
licences that hunting within municipal boundaries be abolished.
(Motion to refer correspondence to
the Municipal Clerk)
D - 3 Tim Kehoe, Director, International Centre for Municipal
Development, Federation of Canadian Municipalities (FCM) thanking
Council for contributing to FCM's international programs in 2008;
advising FCM honours municipalities and individuals through their
Awards for Outstanding International Volunteer Contribution;
forwarding a brochure and nomination form for the 2009 Awards;
and, urging Council to consider nominating the municipality or a staff
member for an award. Nominations are to be returned by
January 31, 2009.
(Motion to refer correspondence to
the Chief Administrative Officer)
Summary of Correspondence - 10 - January 12, 2009
D - 4 Mike Gazo, Perfect Party Inc., expressing concern with the provisions
of the snow clearing by-law as it pertains to their business located at
205 King Street East; advising that there is no boulevard between the
municipal sidewalk in front of their store and the roadway and that on
several occasions road crews have plowed the snow directly onto the
sidewalk in front of their business after the owners have cleared it;
expressing concern as to liability issues should a pedestrian slip and
fall as a result of the snow on the sidewalk; and requesting that the
issue be investigated to avoid a potential mishap.
(Motion to refer correspondence to
staff)
D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch,
Mayor, Township of East Ferris, advising on August 5, 2008, a
severe rainstorm caused localized flooding in the Townships of East
Ferris and Bonfield and the Ministry of Municipal Affairs and Housing
declared the-area a "Disaster Area" for the purpose of the Ontario
Disaster Relief Program; advising a joint area Disaster Relief
Committee was appointed to spearhead efforts to provide assistance
to homeowners, farmers and small businesses and is seeking
financial assistance from every municipality in the Province; and
indicating that the Province will contribute $2 for every local dollar
raised to an amount necessary to settle all claims.
(Motion for Direction)
D - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to the Canada
Border Services Agency advising that on November 24, 2008,
Oshawa City Council adopted the following resolution pertaining to
Pival International Inc. —Application for Sufferance Warehouse:
"WHEREAS Pival International has invested $22 million in their
Oshawa site for a state of the art logistics facility,; and,
WHEREAS this facility serves the needs of the General Motors of
Canada and was designed to accommodate other international
goods movements; and,
WHEREAS Pival International has capacity to significantly expand
the facility if business activities warrant; and,
WHEREAS Pival International, in an effort to maximize its business
potential and serve the eastern sector of the GTA; and,
WHEREAS Pival is seeking approval as a sufferance warehouse to
Canadian Border and Security Agency (CBSA); and,
Summary of Correspondence - 11 - January 12, 2009
WHEREAS CBSA allows its regional district branches to establish
some of its own regulations to govern operations; and,
WHEREAS the CBSA Greater Toronto Commercial District has
established that only warehouses that clear more than 8,000
containers are granted annual licenses for customs clearance; and,
WHEREAS this requirement prevents Pival to achieve this criteria;
and,
WHEREAS within the GTA most of the sufferance warehouses are
located in the west end of this vibrant economic zone; and,
WHEREAS it is desirable that a sufferance warehouse be enabled in
the eastern part of the GTA to accommodate business demands and
the economic vitality of the City of Oshawa and Durham Region;
THEREFORE BE IT RESOLVED THAT the Council of the City of
Oshawa urges the CBSA to make provision for the conditional
licensing of Pival International as a sufferance warehouse so that it
can grow and maximize its business potential to satisfy the minimum
criteria of 8,000 containers per year; and,
THAT all local area municipalities, the Region of Durham,
Colin Carrie, Member of Parliament and Jerry Ouellette, Member of
Provincial Parliament, be requested to send letters of support to the
Canadian Border and Security Agency on behalf of this application."
(Motion for Direction)
D - 7 Angela Quinn requesting Council to consider adopting a cost-neutral
resolution similar to the resolution adopted in May 2007 by the City
of Richmond, British Columbia and several other Canadian cities to
improve the lives of egg-laying hens in Canada who are confined to
tiny, crowded battery cages all of their lives:
"THAT the Council of the Municipality of Clarington resolves:
1. To encourage Clarington residents:
(i) As restaurants and caterers in both private and Municipal
operations, to highlight the support for and availability of
certified organic, free-range eggs on their menus;
Summary of Correspondence - 12 - January 12, 2009
(ii) As consumers, to request the option of purchasing certified
organic, free-range eggs at retail food outlets and
restaurants and, where available, choose the certified
organic, free-range option;
(iii) As wholesalers, to highlight the preference for and
availability of certified organic, free-range eggs in their
food supply inventories; and
(iv) As retailers, to highlight the preference for and availability
of certified organic, free-range eggs in their food stores;
2. That the operators and caterers of municipal-run facilities be
requested to use only certified organic, free-range or free-run
whole (shell) eggs;
3. THAT a letter be written to the Provincial Government, Federal
Government and the Canadian Food Inspection Agency stating
that the Clarington Council opposes battery cage egg production
based on the inherent cruelty of confining egg-laying hens in
battery cages; and,
4. THAT a letter be written to the Ontario Municipalities Association
requesting all members adopt a similar initiative."
(Motion for Direction)
D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont
advising Council that on November 12, 2008, the Township of South
Stormont adopted the following resolution pertaining to Bill 50, The
Provincial Animal Welfare Act, 2008:
"WHEREAS Bill 50, the Provincial Animal Welfare Act, 2008 has now
passed second reading in the legislature,
AND WHEREAS this bill contains the first comprehensive changes in
almost 90 years to the Ontario Society for the Prevention of Cruelty
to Animals (OSPCA) Act;
AND WHEREAS highlights of Bill 50 include but is not limited to:
standards of care for all animals, new provincial offences; authority
for the OSPCA to inspect places, penalties, requirement for
veterinarians, a number of modernizations to the law, and protection
for current legal practices in agriculture, hunting and fishing;
Summary of Correspondence - 13 - January 12, 2009
AND WHEREAS, and more specifically, there is a concern regarding
the delegation of authority, accountability and transparency of
OSPCA inspectors and its officers.
NOW THEREFORE BE IT RESOVLED THAT the Township of South
Stormont hereby respectfully requests the Government review, and
amend as required, the powers granted to Inspectors through Bill 50.
FURTHERMORE, a copy of this motion be forwarded to
Premier McGuinty, the Minister of Community Safety and
Correctional Services, Minister of Municipal Affairs and Housing,
MPP Jim Brownell, Association of Municipalities of Ontario and any
other individual or organization as deemed appropriate."
(Motion for Direction)
D - 9 Association of Municipalities of Ontario (AMO) Member
Communication Alert dated December 19, 2008, advising of the
Ministry of the Environment's launch of a discussion paper to
officially begin the five year review of the Waste Diversion Act (WDA)
and Blue Box Program Plan (BBPP); advising that AMO, through its
Waste Task Force, has submitted responses to both of these
reviews highlighting municipal challenges and perspectives and
requesting Council's support of AMO's positions by advising the
Minister and the WDO of the Environment in writing of their support
by January 15, 2009 for the WDA and February 27, 2009 for the
BBPP. (Copy Attached)
(Motion for Direction)
D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario, advising
Egg Farmers of Ontario represent more than 400 farm families who
provide consumers with fresh, locally produced eggs; commending
local councils who are trying to encourage the purchase of locally
produced food as a means of creating a sustainable environment;
and, requesting Council to consider endorsing a motion of the Egg
Farmers of Ontario to identify the purchase of eggs as a local
sustainable procurement practice.
(Motion for Direction)
D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and
Glengarry, advising Council that on December 15, 2008, the United
Counties of Stormont, Dundas and Glengarry adopted the following
resolution pertaining to payment for indigent funerals:
Summary of Correspondence - 14 - January 12, 2009
"WHEREAS the City of Cornwall is Consolidated Municipal Service
Manager (CMSM) for the City of Cornwall and United Counties of
Stormont, Dundas and Glengarry; and
WHEREAS payment for indigent funerals is a requirement of the
CMSM under the Ontario Works Act; and
WHEREAS recommended rates and guidelines for such payments
are provided by the provincial Ministry of Community and Social
Services; and
WHEREAS these rates were last reviewed and adjusted in 2005, and
costs have been escalating to the point where funeral homes are
unable to continue providing services at the existing rates; and
WHEREAS the Ministry of Community and Social Services will only
subsidize indigent funerals for individuals who are receiving social
assistance through Ontario Works or the Ontario Disability Support
Program prior to their death, regardless of their financial situation.
THEREFORE BE IT RESOLVED THAT the United Counties of
Stormont, Dundas and Glengarry petitions the Ministry of Community
and Social Services to request a review and appropriate adjustment
of the recommended rates for indigent funerals, on behalf of CMSMs
across the province.
AND BE IT FURTHER RESOLVED THAT the Ministry of Community
and Social Services amend the current policy to provide financial
assistance to cover funeral expenses for all needy individuals,
regardless of their age or whether or not they are receiving support
through Ontario Works or the Ontario Disability Support Program, at
the time of death.
AND FURTHER THAT this resolution be forwarded to the Minister of
Community and Social Services, the Association of Municipalities of
Ontario, all municipalities in Ontario and local MPPs."
(Motion for Direction)
D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington,
requesting the municipality provide a letter in support of the VAC's
grant application to the Ontario Ministry of Tourism's Celebrate
Ontario Program enabling VAC to purchase equipment, etc. for
musical performances and to continue providing quality cultural
activity to Clarington.
(Motion for Direction)
•
arm n
irgizing Ontario REPORT#1
REPORT TO COUNCIL MEETING OF JANUARY 12, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JANUARY 5, 2009
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-005-09 Environmental Stewardship 2008 Program Update
(b) EGD-001-09 Monthly Report on Building Permit Activity For November
2008
(c) ESD-001-09 Monthly Response Report— November 2008
(d) Presentation —Wilson Little, P. Eng., St. Marys Cement— Regarding the
Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the
Related Regulatory Approvals
2. PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR
SPACE ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL
PURPOSE COMMERCIAL ZONE (C5) USES, TO REDUCE THE BUILDING
SETBACKS AND LOADING SPACE REQUIREMENTS — 45 AND 5 SPICER
SQUARE
APPLICANTS: 2154513 ONTARIO INC. AND 2143619 ONTARIO INC.
THAT Report PSD-001-09 be received;
THAT the rezoning application submitted by 2154513 Ontario Inc. and 2143619
Ontario Inc., be approved and that the proposed Zoning By-law contained in
Attachment 3 to Report PSD-001-09 be passed; and
THAT all interested parties listed in Report PSD-001-09 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379
Report #1 2 January 12, 2009
3. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN
GRANTS UPDATE
THAT Report PSD-002-09 be received for information; and
THAT all interested parties listed in Report PSD-002-09 and any delegations be
advised of Council's decision.
4. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE
THAT Report PSD-003-09 be received for information; and
THAT all interested parties listed in Report PSD-003-09 and any delegations be
advised of Council's decision.
5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS
UPDATE
THAT Report PSD-004-09 be received for information; and
THAT all interested parties listed in Report PSD-004-09 and any delegations be
advised of Council's decision.
6. PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND
EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF
SUBDIVISION IN THE CITY OF OSHAWA
APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INC./CAMEO
SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS
CORPORATION INC.
THAT Report PSD-006-09 be received;
THAT the City of Oshawa be advised:
i) that the Municipality of Clarington has no objections to the approval
of the proposed amendments to Oshawa Official Plan and Eastdale
Part II Plan;
ii) that the Municipality of Clarington has no objections to the approval
of the proposed Draft Plan of Subdivision (S-0-2005-04) subject to
the conditions contained in Attachment 3 to Report PSD-006-09; and
iii) that the Municipality of Clarington has no objection to the approval of
the proposed Draft Plan of Subdivision 18T-97027; and
THAT a copy of Report PSD-006-09 be forwarded to the City of Oshawa
Development Services Departments, the Region of Durham Planning and Legal
Departments and the Ontario Municipal Board.
Report #1 3 January 12, 2009
7. APPLICATION FOR REMOVAL OF HOLDING
OWNER: PRESTONVALE ROAD LAND CORPORATION & PAUL LYSYK
FAMILY TRUST
THAT Report PSD-008-09 be received;
THAT the application submitted by Prestonvale Road Land Corporation and Paul
Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single
detached units be approved;
THAT the By-law attached to Report PSD-008-09, to remove the Holding (H)
symbol, be passed and that the Region of Durham be forwarded a copy of Report
PSD-008-09; and
THAT all interested parties listed in Report PSD-008-09 and any delegations be
advised of Council's decision.
8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF DECEMBER 11, 2008
THAT Report PSD-009-09 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made
on December 11, 2008 for application A2008-0020 and that Staff be authorized to
appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment; and
THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on December 11, 2008 for application
A2008-0034 is not warranted. However, should an appeal be lodged by another
party, Staff be authorized to appear before the Ontario Municipal Board to defend
its original recommendation.
9. PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18
CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON)
That Report EGD-002-09 be received;
That the road allowance situated in Lot 18, Concession 5, further identified as Part
3 on Registered Plan 40R-25645 be closed and declared surplus and that the road
allowance be conveyed to Andy Meima;
That the applicant pay the appraised land value of$7,545.00 as well as all legal
and other financial costs associated with the transaction;
That Council pass the necessary by-laws to implement the recommendations of
Report EGD-002-09; and
That Andy Meima be advised of Council's decision.
Report#1 4 January 12, 2009
10. ASPEN SPRINGS WEST SUBDIVISION PHASE 2, PLAN 40M-2214,
BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION
BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED
WORKS
THAT Report EGD-003-09 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-2214; and
THAT Council approve the by-laws attached to Report EGD-003-09, assuming
certain streets within Plan 40M-2214 as public highways.
11. EMERGENCY EVACUATION CENTRE REQUESTS -
ULTIMATE SCHOOL-AGERS
THAT Report CSD-001-09 be received;
THAT Ultimate School-Agers be authorized to utilize the Courtice Community
Complex as an Emergency Evacuation Facility for "localized emergencies",
subject to the conditions on which this approval was given, as outlined in the body
of Report CSD-001-09; and
THAT Ultimate School-Agers be advised of action taken.
12. 3rd QUARTER PARKING REPORT
THAT Report CLD-001-09 be received; and
THAT a copy of Report CLD-001-09 be forwarded to the Bowmanville Business
Centre for their information.
13. CL2008-31, HIGHWAY 2 STREET LIGHTING AND STREETSCAPE
IMPROVEMENTS, BOWMANVILLE
THAT Report COD-001-09 be received;
THAT Rutherford Contracting Limited, Gormley, Ontario with a total bid in the
amount of$1,047,296.93 (Plus G.S.T.), being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2008-31, be
awarded the contract for the Highway 2 Street Lighting and Streetscape
Improvements, Bowmanville. as required by the Engineering Department;
THAT $55,000.00 be reallocated from the 2008 Highway 2 Sidewalk account to
the 2008 Highway 2 Streetlight Installation account;
THAT funds required in the amount of$1,290,000.00 (which includes
$1,047,296.93 tendering, consulting and contingencies) be drawn from accounts
as follows:
Report#1 5 January 12, 2009
Department & Account Number Amount
Engineering Department - Capital Budget
• 2008 Streetscape Implementation,
Account #110-32-338-83278-7401 ........................................... $ 568,540.00
- 2008 Federal Gas Tax (Street Lighting) Component
of Streetscape Implementation ................................................... $ 81,460.00
- 2008 Sidewalk Construction,
Account #110-32-331-83278-7401 ........................................... $ 255,000.00
- Street Light Installation,
Account #110-32-324-83278-7401 .....................................$ 315,000.00
- 2007 Green Road Reconstruction,
Account #110-32-330-83276-7401 ............................................. $ 70000 bo
Total Funds Available $1,2 000. 0
;and �J
THAT the attached By-law marked Schedule "A", attached to Report COD-001-09,
authorizing the Mayor and the Clerk to execute the necessary agreement, be
approved.
14. DELEGATION — TERRA SAYER, CANADIAN RED CROSS, DURHAM REGION
— DISASTER MANAGEMENT
THAT the delegation of Terra Sayer, Canadian Red Cross, Durham Region
regarding Disaster Management be received with thanks.
15. DELEGATION — RICHARD WARD — PROPERTY STANDARDS ORDER FOR
3709 REGIONAL ROAD 9
THAT the delegation of Richard Ward regarding Property Standards Order for
3709 Regional Road 9 be received with thanks.
16. DELEGATION — RICHARD WARD — GPA RESOLUTION #GPA-697-08
THAT the delegation of Richard Ward regarding GPA Resolution #GPA-697-08 be
received with thanks.
17. DELEGATION — DAVE WALLACE — REQUEST FOR A TIME EXTENSION FOR
OCCUPYING A SECOND DWELLING UNIT AT 4380 COURTICE ROAD
THAT the delegation of Dave Wallace regarding his request for a time extension
for occupying a second dwelling unit at 4380 Courtice Road be received.
Report #1 6 January 12, 2009
18. CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO
LOCAL BOARDS
THAT Confidential Report COD-002-09 be received;
THAT the current provision of benefits for the Newcastle Arena manager, be
grandfathered and discontinued at the time that the incumbent leaves the existing
position;
THAT the request for the Newcastle Hall Board and the Clarington Older Adult
Association Board for coverage of full time employees under the Municipal Benefit
program, paid for by the individual Boards, be denied;
THAT Council authorize the Clerk's Department, after consultation with Human
Resources, to provide notice of Council's decision on provision of benefits to
external groups, should similar requests be received in the future;
THAT the Newcastle Hall Board, and the COAA Board, be advised of Council's
decision; and
THAT the Newcastle Hall Board, and any other such boards, be encouraged to
consult with the Clarington Board of Trade for possible options regarding this
matter.
19. ENGINEERING PROJECTS — UPDATE REPORT
THAT staff report back in due time on Engineering projects completed in 2008,
projects carried over from 2007 and 2008, including expected dates for completion
and associated budgets, and the status of the Mill Street South Underpass project
in the Village of Newcastle.
20. REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORTING
WHEREAS in the year 2007, Clarington Council approved and made available to
the public the 2007-2010 Corporate Strategic Business Plan. The Mission
Statement contained in that document reads as follows: "TO PROVIDE
INFASTRUCTURE AND QUALITY SERVICES TO OUR COMMUNITY
STAKEHOLDERS THROUGH LEADERSHIP, ACCOUNTABILITY AND
RESPECT."
AND WHEREAS the Strategic Business Plan complements the other three
important planning and policy tools of Council: the Clarington Official Plan; the
annual operating budget; and the multiyear capital plan. Collectively, these
governance tools represent the cornerstones of all municipal government
decisions.
AND WHEREAS the Municipality of Clarington is in the approvals process for the
2009 Municipal Capital and Current Budget.
Report #1 7 January 12, 2009
AND WHEREAS the Municipality of Clarington's current revenues sources are as
follows: approximately 51% are generated from property taxes, and the balance is
generated from the following:
a) Payment-in-lieu/Linear taxation/Grants — 10%
b) Contributions from Reserves and Reserve Funds — 21%
c) Licenses and Permits — 3%
d) User Fees — 10%
e) Interest on Investments — 2%
f) Interest on Taxes/fines — 2%
g) Other— 1%
AND WHEREAS each year the Municipality of Clarington depend upon these
budgeted revenues to off-set the budgeted expenses.
AND WHEREAS a portion of these revenues are variable and are directly related
to the economic growth both within and outside the Municipality of Clarington.
AND WHEREAS in the event that there is a revenue shortfall in any given year,
such shortfall will impact the tax levy in the following year, effectively increasing
property taxes by the amount of the revenue shortfall.
AND WHEREAS Clarington Council is mandated to managing the assets of the
Municipality of Clarington in a fiscally responsible manner and to determine which
services and at what level those services will be provided to the people of
Clarington.
AND WHEREAS in consideration of the current volatile economic global outlook,
Clarington Council desires to more closely monitor the revenues and expenses of
each department in the months ahead. The purpose of such monitoring is to:
a) protect the interests of the taxpayers in the Municipality of Clarington,
b) prevent any yearend surprises in revenue shortfalls,
c) improve the openness and transparency of the public reporting process,
d) provide an additional management and reporting tool for staff, council and
the public, and
e) demonstrate to the taxpayer that Clarington Council is managing the assets
of the municipality in a fiscally responsibility manner.
NOW THEREFORE BE IT RESOLVED THAT the Chief Financial Officer, the
Chief Administration Officer and the Chief Executive Officer design a report which
provides: by department and on a monthly reporting basis; adequate information
for Staff to analyze and report to Council the variable growth related revenue and
the variable economic related revenues which could have an adverse effect on
achieving the 2009 Municipal Capital and Current Budget.
I - 1
Clarington Compost Facility
Community Relations Committee
Minutes of Meeting #4 - Thursday September 18, 2008
Participants
Resident representative
• Roberta Stasyszyn, Cc chair— resident representative
• Edward Oegema, Resident Representative
Business representative
• Fred Biesenthal
Municipality of Clarington
• Janice Szwarz, Planning Services Department
• Leslie Benson, Engineering Services Department
Miller Waste
• Mike Kopansky, Scott Miller and Debbie MacDonald
Regrets
• Al Ramsay; Brad Harper Miller Waste staff.
• Tom Brewer, Business Representative.
• Rob Hersey - Central Lake Ontario Conservation.
Opening Remarks; Mike Kopansky welcomed the members of the committee.
Item # 1
The Minutes of Meeting #3 were accepted as circulated.
Action Items from Previous Meeting
1.1 Traffic Safety Initiative — Clarington has installed warning signage at the
railway tracks on Baseline. Miller has forwarded their draft TRAFIC SAFETY
INITIATIVE to Leslie for her review— Miller will incorporate Clarington's
suggestions and will start handing the TRAFIC SAFETY INITIATIVE out to
vehicles utilizing the site — item complete.
1.2 Rob Hersey—was not present at this meeting— group agreed that if group
members were interested in monitoring data for Tooley Creek (not relating to
Miller's Compost site) in electronic format that the individual would approach
CLOCA directly for this data.
1.3 Mike Kopansky and Al Ramsay to meet with neighbours around the compost
site to make them aware of the Hotline number for the Compost facility.
Minutes of Meeting#4-Miller Community Relations Committee—September 18,2008 1 of 3
• Since the last meeting Miller reps have periodically checked in with residents
along Solina Road — residents have expressed that they have appreciated
Miller's efforts and have noticed continuing improvement in the site operation.
Al Ramsay met with residents who recently purchased the house on the NW
corner of Solina Road and Baseline Road —they were given information
about the composting facility and were appreciative of Miller's proactive
approach to greeting them. The new residents along the east side of Solina
Road just north of Baseline Road were not able to be reached so the copy of
the protocol for the Hotline was left along with a business card in case they
had questions.
• Miller staff will continue these "Meet and Greets" as an ongoing outreach
program —the group requests that Miller reps also perform "Meet and Greets"
with neighbours on Courtice Road and to the west of Courtice Road.
Item # 2
Miller to report on key measurables:
2.1. Tonnes processed — site received 22,943 metric tonnes from May 1, 2008
through August 31st, 2008— this is well within the requirements of the
Certificate of Approval issued for this facility which allow weekly maximum of
4,200 tonnes or yearly site total of 70,000 tonnes (wood 20,000 and
composting 50,000).
2.2. Residue rates — Less than 1% from May1, 2008 through Aug 31 st, 2008.
2.3. Traffic— report of scale transactions from May 1St to August 31St, 2008 show
1,748 scale transactions. Peak week occurred in May 5-10, with 149 scale
transactions—based on 6 days per week operation this averages to 25 scale
transactions per day. This is well below the maximum trips per hour modeled
by the transportation consultants (their maximum peak hour was 28 trucks).
2.4. Dust — site is being maintained in accordance with C of A — no dust
complaints have been received to date.
2.5. Noise - site is being maintained in accordance with C of A — no noise
complaints have been received to date.
2.6. Woodlot Management— Miller staff met on site with Dave Puttock, President
of Silv-econ Ltd. Dave is the author of the Forest Management Plan (FMP) for
the woodlot just north of the composting facility. The buffer to the south of the
woodlot was examined and procedures for removal of invasive species
agreed upon. The buffer to the woodlot has only had one year to start to grow
in — no invasive species were found in the actual buffer area yet— Common
Buckthorn was found along the existing edge to the woodlot. Common
Buckthorn will be the focus of the removal process between now and spring
of 2009. Dave's inspection did not find Dog-strangling Vine, or Garlic Mustard.
Garlic Mustard is difficult to find this time of year so Dave Puttock will be back
to inspect the buffer again next spring when condition for detecting Garlic
Mustard are better.
Minutes of Meeting#4- Miller Community Relations Committee—September 18, 2008 2 of 3
2.7. Groundwater monitoring — Hydrology testing is being performed By Gartner
Lee — testing is up to date as per requirements of C of A — ongoing monitoring
will continue as per C of A requirements.
2.8. Odour— Odour reports are being logged, investigated and corrective actions
taken as per site C of A. The site has received a total of 8 notifications related
to odour events between May 1, 2008 and September 15th, 2008. All of the
reports have been that the frequency and intensity of the odours experienced
continue to diminish. Miller is intent on continuing to improve site operations.
Two more odour conditions (three calls) were reported on September 16 and
17th— both were fairly short lived incidents and Miller representatives met with
Fred and Marsha the morning of the September 17th report to review the
timing and durations of the odour condition.
2.9. The site is being operated in compliance with the requirements of the C of A
for the site.
Item # 3 — Other Items
3.1 Miller and residents in vicinity of Compost Facility requested an update from
Clarington on status of 407 and traffic implications with respect to the vehicles
utilizing the composting operation.
• Clarington staff provided the group with an update wrt to status of the 407.
Key items discussed were that the corridor for the 407 was expected to be
finalized by the end of 2009. The corridor is presently planned to be 170 m
(typical width) — 110 m for highway and 60 m for transit way. Tentative timing
for construction of 407 highway extension to start in 2010. Timelines for
submission of EA is mid 2009. Several neighbours of the Compost site are
expected to be impacted due to the 407 alignment. No present impact is
foreseen on the traffic conditions relating to the operation of the compost site
3.2 Miller requested clarification on whether there is.a requirement to upgrade
Hancock Road further than exists today as a result of 407 implications?
• Clarington staff responded that they do not have the construction of Hancock
Road from the end of the portion constructed by Miller north to Bloor Street in
their budget. Clarington staff commented that any future upgrade of Hancock
Road through this area, if required, would likely be responsibility of MTO if it is
required —the EA is expected to address this issue.
3.3 The group discussed the need for the CRC Co-Chairs to present to Clarington
Council as required by the Terms of Reference —target to be before end of
2008 if possible.
Item #4
• Next meeting - Thursday January 15th, 2009. Location —town office (40
Temperance Street, Bowmanville). Start time 4:30 pm —duration
estimated to be 2 hours.
Minutes of Meeting#4- Miller Community Relations Committee—September 18,2008 3 of 3
clai I- 2
Leading the Way goil
Approved
CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE
MUNICIPALITY OF CLARINGTON
Minutes of Meeting
Thursday, October 16, 2008
PRESENT: (Chair)Clayton Morgan (Vice-Chair) Gord Lee
Councillor Adrian Foster Georg Krohn
Sandy Lyall David Reesor
Gillian Bellefontaine
ALSO Stuart McAllister, Road Safety Co-ordinator, Durham Region
PRESENT: Leslie Benson, Manager of Transportation &Design
Ron Baker, Traffic &Transportation Co-ordinator
Constable Esther Rathwell
REGRETS: Tony Cannella, Director of Engineering Services, Wallace
Bradley, Kerry Meydam, Lisa Robinson, Elwood Ward
1.0 ADOPTION OF MINUTES-(September 18, 2008)
There were two corrections to the September 18`h minutes as follows:
4.4 Simpson Ave. between Prince St. &King St. should read: are sidewalks on
the east side of Simpson Ave. /but none on the west side.
4.5 Hwy 115 off Taunton Road should read: When traveling south on Hwy 115,
and it is sometimes difficult to see westbound traffic
The following motion was proposed:
THAT: "The minutes of the September 18, 2008 meeting are approved as
amended."
MOVED: by David Reesor; SECONDED by Adrian Foster
CARRIED
2.0 ITEMS FOR INFORMATION
2.1 Road Watch-(Gord Lee)
From June to September there have been 70 incident reports processed, and all of
them being from Road Watch's Radar Operator. However, due to the dates of the
alleged infractions (June through September), Inspector Green advised his staff to
process and record the information, but not to follow up with a letter to the
registered vehicle owner because the dates of the infractions were long past.
To-date there are only five current incidents at 16 Division on file for processing,
three being from school bus operators. In addition to those five, six incident
complaints to-date have gone to P.C. Rathwell for a license search.
Ron Baker and Gord Lee have been invited to the D.R.P.S. Traffic Co-ordinators
meeting on October 27th to discuss Road Watch Programs in Durham. This
meeting will provide a great opportunity to network with Sergeant Jeff Galipeau
of the Traffic Division, who will be chairing the meeting, and with Road Watch
chairs in attendance. The purpose will be to discuss what does and what doesn't
work in Durham Region.
2.2 Traffic Watch-(Ron Baker)
There were 749 listed reports from June 12th through October 1St of this year,
which is down from last year. The radar board which is 10 years old now is out
of service. Ron Baker is checking into the cost of repairing it. P.C. Rathwell will
check to see if it is possible to obtain a radar board that could display speeds
traveled. At Concession Road 3 there is a trailer that downloads all data needed
for officers to use. It is set to a certain speed only, and once that threshold is met
a message is displayed; however, the public cannot view actual speed.
2.3 Highway 407 Update-(Leslie Benson)
At the recent 407 meeting it was announced that Totten Sims Hubicki has merged
with various companies and is now referred to as AECOM. The Ministry of
Transportation is still reviewing under/over passes and cul-de-sac scenarios. The
MTO would like to cul-de-sac Middle Road at Concession Road 7, however, there
was direction from the Region as well as Clarington staff not to cul-de-sac this
area.
The consultant has commenced traffic studies using"Micro Simulation". The
information is derived from population predictions, employment centres as well
as growth estimates. Leslie Benson has all the information from the meeting
available if members would like to review it. There was a presentation that dealt
with topics such as road sections. Also on the agenda was detour and road closure
considerations during construction only and MTO advised that studies to-date
show that it will not be necessary to close any of Clarington roads during
construction of Hwy. 407. The MTO has been in contact with Emergency
Medical Services, The Durham Regional Police at this meeting. The completion
date for Hwy. 407 is planned for 2013.
3.0 AGENDA ITEMS FOR DISCUSSION
3.1 Rural Speed Limit-(Ron Baker)
The Director of Engineering Services received an email from the Region stating
that they denied the Municipality's design of the speed limit entrance signage on
Regional roads. Members discussed signage issues in detail and thought that
education is a key element when the new speed limits are posted. There will be a
report to Council regarding rural speed limits in November. The Committee
thought it would be wise to have this information publicized in the local
newspaper. Constable Rathwell advised that if given the authority she could
advise officers to educate the public when vehicles are pulled over. The website
will be the main tool used to educate the public. The address is
www.clarin,gton.net .
In 2008 there were monies set aside within the Operations Department budget to
allow for the speed limit signs and it was hoped that these funds could be carried
over to 2009.
4.0 NEW BUSINESS AT DIRECTION OF CHAIR
4.1 Liberty Street Widen ing-Bowmanville
Stuart McAllister confirmed that construction of Liberty Street from King Street
to Baseline Road is currently shown for 2011 in the Region's Capital Budget and
Four-Year Forecast.
4.2 Tim Horton's - Bowmanville
Leslie Benson will speak with the Planning Department to find out the status of
this issue. The Region retains the right to make a final decision with respect to
maintaining the access off Waverley Road.
4.3 Pedestrian Traffic Signals on Liberty St. South of Parkway Cres.
The Committee members feel that the existing lights at this location are still
necessary due to the school, church, apartments and the Memorial Park located
close by.
r Y 20�IS
4.4 Liberty St. & Longworth Avenue-Bowmanville
This intersection has met warrants this fall for traffic signals due to a new traffic
count. New lights are planned for the spring of 2009.
5.0 NEXT MEETING DATE-November 20, 2008-7:00 P.M.
Committee Room 1 C-Enter via Municipal Administrative Centre, 40 Temperance
Street, Bowmanville, through the north door on Church Street(Library entrance
doors).
6.0 ADJOURNMENT
MOVED by; Gord Lee
THAT: "The meeting be adjourned at 8:25 p.m."
I - 3
Leading the Way
MINUTES
OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE
PRESENT:
Fred Biesenthal Karina Isert
Mark Bragg Jo-Anne McFarland
Mark Canning Mary Novak
Jean-Maurice Cormier John Sturdy
Linda Gasser
Staff in Attendance:
Faye Langmaid— Planning Services
Leslie Benson— Engineering Services
Sharon Norris— Recording Secretary
DATE December 3, 2008
RE: HIGHWAY 407 EAST CAC MEETING NO.42
December 2, 2008
Agenda Item Discussion Action
Welcome Welcome by Mark Canning Co-Chair
Adoption of Moved by Jo-Anne McFarland, seconded by John Sturdy that the November 4m
Minutes minutes be accepted,
November 4th minutes stated that the CVP recommendations will be an appendix
to the EA. Staff have,been asked to check Whether the CVP is an appendix to or Janice
art of the actual EA recommendations.
Community The CVP incorporates what each individual workshop attendee brought forward,
Value Plan which'is why'attendance was encouraged. The Committee can further identify
Workshop other issues,and ask for their inclusion within the recommendations of the CVP
(CVP) Review plans.
The 5 areas in Clarington identified were Best Road lands, Hampton Village,
Sol`ina Road/Farewell Creek, Pebblestone/Black Farewell Wetland Complex and
Leskard Village.
For example Hampton Village:
Some participants said that Old Scugog Road was not often used by agricultural
vehicles, while others said it was. Decorative lighting and signage of a heritage
nature was requested. A potential theme including the past and future of
Hampton was discussed which could include the history of the village (wheat
trade) depicted in artwork on the bridge.
As all members did not attend the CVP Workshop(s), it was suggested that
Committee members read all the workshop information and then meet to
comment on it. Staff will email the Project Team to obtain the final document Janice
coming out of all the workshops and forward to the committee; hopefully this will
be in advance of the January 6th meeting. At this time the committee can
address issues and raise additional concerns to the best of their ability.
The CVP workshops left the attendees with the impression that this is a
community document outlining the priority areas/issues raised, however
attendance was poor. Notices for the final workshop only went out to those who
attended the first two workshops; however Clarington staff sent the information
out to additional interested parties.
•
I �
ar n
Leading the Way
MINUTES
OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE
Agenda Item Discussion Action
Was The CVP and Effective Process?
➢ Workshops were well attended by MTO/Project Team staff and equipped
with good resources.
➢ The workshops had a poor public turn out, therefore a limited voice.
➢ Project Team did not get the intimate knowledge they were looking for.
➢ Few attendees from the agricultural sector.
➢ Ads for the workshops required sign-up in June—too early.
➢ Limited notices sent to public.
➢ No attendees from Kirby.
R' b
➢ Workshop No. 3 was a repeat of the first,twp workshops and was felt to be
the least productive and more of a sumt�i`atiar sess(pp; it had an emphasis
on wildlife.
The Committee should present their,opinion on=thb CW.and its effectiveness to
Council and offer a summary of the workshops.
Heritage UDdat"es:
Vic Suppan,:.Clarngton Heritage Cornrnittee(CHC) Chair, did attend a couple of
the,CVP Workshpps,and offeretl his:ppinions as a resident. A copy of Vic's
correspondence to MTO was distributed to the Committee. House at 1909 Bloor
Street is being discussed for potential move. The Hogarth House, 5425 Solina
Roael will be worked into the transitway station. Stone houses on Acres and Cole
Ro pre:stated 6:be moved.
The�CHC�has struck a sub-committee to meet with Richard Unterman, the
consultant responsible for the Heritage Inventory. This inventory includes
cultural heritage resources, and looks at the landscape, views, all structures
including barns, homes, bridges, etc. Treatment will have continuity for all
villages.
Is the EA Schedule on Track?
The Public Information timing has been adjusted from Nov/Dec to Jan/Feb, the
remainder of the schedule has not been adjusted.
How long is the EA approval good for? EA's can be grandfathered if they are not
implemented within 5 years. In 1991 the EA was never submitted for approval
as the Province pulled the funding on finishing the EA—this is always a risk.
How long can it take for approval? EA's can take significant time to be
approved, it depends on how well they have addressed all the issues as they
have proceeded. The Minister is under no obligation to have an EA approved
within a certain timeframe, rather it will be the funding and other matters that
prompt uick review.
Public The next PIC is scheduled for January 27th at the Garnet B. Rickard Complex.
Information Will include review of final preliminary design plan which Committee will review
Centres at a future meeting (most likely the February meeting).
Next Meetina I January 6th, 2009
AGENDA
I - 4
DURHAM NUCLEAR HEALTH COMMITTEE (DNHQ
MINUTES OF MEETING
LOCATION Ontario Power Generation Office Building "
889 Brock Road
Sixth Floor Boardroom DEC - 3 2008
City of Pickering, Ontario
_ :,mot-•.
DATE November 14, 2008
TIME 1:00 PM
MEMBERS Dr. Robert Kyle,Durham Region Health Department (DRHD) (Chair)
Mr. Frank Bajurny, Ontario Power Generation (OPG)
Dr. Dave Whillans, OPG
Ms. Norma Drummond, Public Member
Ms Lorraine Weigel, Public Member
Mr. Hardev Bains,Public Member
Mr. Jansen Wu,Public Member
Mr. Marc Landry, Public Member
Mr. Ken Shrives, Public Member DISTRIB TION
Dr. Barry Neil, Public Member REVIEWED BY
ORIG NAL TO: �
OBSERVERS & Mr. Brian Devitt,DRHD, (Secretary) o poulR;a cYCOUNCR. o FILE
PRESENTERS Ms. Jessica Millar,Nuclear Waste Management Or an>�bI®dr INF of couNCll ORMATM
(NWMO) (Presenter) COPY TO:
Mr. Mike Krizanc,NWMO (Presenter) o MAYOR o MEMBERS o CAO VV
Mr. Peter Simmons,NMO (Presenter) o COMMIXTY O CORPORATE o EMER6M
Dr. Anar Baweja, Health Canada(Presenter) SERVICES SERVICES SEANCES
Mr. John Peters, OPG(Presenter) o ENGNIEERING O MUNICIPAL o OPERAWNS
SERVICES CLERICS
Ms. Don Terry, OPG(Presenter) o PLAMM o SOLICITOR o TREASURY
Mr. Scott Forsythe, OPG(Presenter) SERVICES
Ms. Lindsay Dafos, OPG o OTHER
Mr. Jim Coles, OPG MUNICIPAt.CLEWS FU Rn Q
Ms. Donna Pawlowski, OPG
Ms Jaime Chow,DRHD
Ms. Janice Szwarz, Municipality of Clarington
Mr. Shawn-Patrick Stensil, Greenpeace
REGRETS Ms. Mary-Anne Pietrusiak, DRHD
Mr. Phil Dunn, Ministry of the Environment
Ms. Sue Stickley, Low-Level Radioactive Waste Management Office
Robert Kyle opened the meeting and welcomed everyone.
1.0 Adoption of the DNHC Agenda '
The Revised Agenda was adopted.
2.0 Adoption of the DNHC Minutes of the September 12, 2008 meeting
The Minutes were adopted as written.
3.0 Correspondence
3.1 Robert Kyle's office received the minutes of meetings of the Pickering Nuclear
Generating Station Community Advisory Council for June and September 2008.
3.2 Robert Kyle's office received a newsletter from the Nuclear Waste Management
Organization (NWMO) concerning the process for selecting a site for the long-
term management of used nuclear fuel dated September 2008.
3.3 Robert Kyle received a letter from the NWMO requesting the DNHC's
participation in discussing the process for selecting a site for the long-term
management of used nuclear fuel dated September 9, 2008.
_-�-- office received a newsletter from Ontario Power Generation (OPG)
ruslfg g Mthe New Nuclear at Darlington Environmental Assessment (EA)
Project.dated Fall 2008.
3.5,, V obert.Kyle's office received an information package from OPG concerning the
Fre4iier tly t sked Questions about OPG's New Nuclear at Darlington EA Project
dated`golember 2008.
,Kyl 's office received a letter from Laurie Swami, Director, Licensing,
Nuclear'"Ge eration Development for OPG, providing an update on the New
Nuole�.r`:.at Darlington EA Project and the fourth round of the Community
ti, I,nfoton^Sessions planned for October-November and the letter was dated
SeptRi*& 1 , 2008.
3.7 ;�>j, aer : s office received an information package provided at the fourth round
or unity Information Sessions on the New Nuclear at Darlington EA
Project dated October 2008.
3.8 Robert Kyle's office received the presentation notes used by John Peters, Manager,
Environmental Assessments for OPG, to the Council of the Regional Municipality
of Durham concerning the OPG's New Nuclear at Darlington EA Project dated
October 8, 2008.
3.9 Robert Kyle's office received a letter from Patrick McNeil, Senior Vice President,
Nuclear Generation Development for OPG, concerning the Pickering B
Refurbishment and Continued Operation EA and that the Canadian Nuclear Safety
2
Commission (CNSC) will be holding a Public Hearing on the Pickering B EA on
December 10, 2008 in Ajax and the letter was dated October 22, 2008.
3.10 Robert Kyle's office received a media release from AECL concerning China's fifth
anniversary of their CANDU reactor that was hailed as a very successful major
infrastructure project dated October 24, 2008.
3.11 Robert Kyle sent a letter, on behalf of the DNHC, to the CNSC concerning the
Pickering B Refurbishment and Continued Operation EA dated October 29, 2008.
3.12 Robert Kyle's office received a media release from the Ontario Ministry of Energy
and Infrastructure concerning the unsolicited proposal to build a nuclear generating
station in the Haldimand-Norfolk region by a private company and that the
unsolicited proposal does not meet the McGuinty government's long-term energy
plan for Ontario and the news release was dated October 31, 2008.
4.0 Nuclear Power/Environmental Issues
4.1 Progress Report the Nuclear Waste Management Organization (NWMO)
Mike Krizanc, Manager, Communications, Jessica Millar, Senior Advisor,
Stakeholder Relations and Peter Simmons, Director, Municipal & Community
Engagement from the NWMO, provided a presentation on progress being made for
the long-term management of used nuclear fuel from nuclear generating stations in
Canada. The highlights of Mike, Jessica and Peter's presentation were:
• NWMO is designing a process for selecting a site for the long-term
management of used nuclear fuel.
• The process is expected to include:
• Objectives and principles
• Major steps
• Decision making factors and criteria
• How Aboriginal insights and traditional knowledge will be respected
o How information will be communicated
• Studies required at each step
• How to work collaboratively
• Input from various dialogues regarding the design of the process for selecting
a site for the long-term storage of used nuclear fuel will inform a draft siting
process document to be completed in late 2008.
• A special dialogue session with the DNHC and the NWMO was held on
October 30, 2008 to discuss various questions regarding design of the siting
process as outlined in the NWMO's discussion document "Moving Forward
Together:Designing the Process for Selecting a Site".
• The draft proposal of the siting process document will be completed for
public comment in 2009.
• After receiving public input, the siting process document will be refined and
the process will begin in post 2009.
3
• The NWMO will form a municipal committee of the four nuclear-cycle
provinces to advise on municipal issues and communication methods.
Peter Simmons indicated the NWMO will regularly update the DNHC on the
progress in implementing Adaptive Phased Management and more specifically the
siting process. Peter also indicated the NWMO would be interested in another
dialogue session with the DNHC members in the Spring of 2009 to discuss the draft
siting process document. More information on the NWMO is available at
ATE w",.nwmo.ca or by telephone at (866) 249-6966. The overheads used the
presentation are attached as Appendix 1.
4.2 Progress Report on the New Nuclear at Darlington EA Project
John Peters, Manager, Environmental Assessment Nuclear Generation Development
for OPG, provided an update of the New Nuclear EA Project planned for the
Darlington Nuclear site. The highlights of John's presentation were:
• The New Nuclear at Darlington EA Project is to construct and operate a new
nuclear power plant at the Darlington Nuclear site to meet the base-load
electricity requirements of Ontario.
• OPG is undertaking the federal approvals, including an EA and site
preparation licence application for the Project.
• In June 2008, the Ontario Government confirmed that OPG will be the
operator of the new NGS constructed at the Darlington Nuclear site.
• On September 5, 2008, The Canadian Environmental Assessment Agency
(CEAA) released the Draft Environmental Impact Statement Guidelines and
the Joint Review Panel Agreement for review and comments by November
19, 2008.
• The Ministry of Energy and Infrastructure Ontario is leading a competitive
process to select a nuclear reactor vendor and the technology to construct 2
units at the new NGS.
• Three internationally recognized vendors are participating in the competitive
process.
• March 2009, is the target date for a decision on the preferred vendor to be
selected.
• OPG is keeping the community informed of the New Nuclear at Darlington
EA Project through the Community Kiosk at the Bowmanville Mall and by
Community Information Sessions.
• In the fourth round of Community Information Sessions, 8 meetings were
held between October 21 and November 6, 2008 with 184 registered
participants to seek comments on mitigation measures to address potential
effects of the Project, cumulative effects between the new nuclear and other
community projects and assess the significance of the effects.
John outlined several major aspects of the EA process at Darlington now being
studied that included:
• The conceptual nuclear plant layouts developed to provide for principle
buildings and structures.
4
• Potential Lake Ontario shoreline filling along the Darlington property to
provide enhanced site security, storage of excavated rock and soil and
additional lands for construction.
• The site preparation will take approximately 2 years with a work force of up
to 400 to move up to 12 million cubic metres of soil and rock.
• The construction of the new nuclear plant of 2 units will take approximately
6-8 years with a work force of up to 3500 employees.
• The operation of the new nuclear plant of two units will require up to 1400
employees per year.
• Next Steps include:
o Fall/winter 2008, to examine the residual effects of the environment
on the project
o Spring 2009, to conduct the fifth round of OPG's Community Public
Consultations
o Summer 2009, to submit the site preparation and licence application
to the CNSC
o 2018 is the preliminary target for start-up of the first unit at
Darlington B
John Peters or his associates will provide regular updates on the progress of the
New Nuclear at Darlington EA Project. More information on the new nuclear units
at Darlington is available on the OPG website www.opg.com/newbuild or (866)
487-6006. The overheads John used are attached as Appendix 2.
4.3 Progress Report on the Status of the Pickering B Refurbishment and Continued
Operation EA Project
John Peters, Manager,Environmental Assessment Nuclear Generation Development
for OPG, provided an update on the refurbishment and continued operation of
Pickering B until 2060. The highlights of John's presentation were:
• OPG has committed to monitor and if necessary to implement corrective
actions to ensure items such as:
o Provide traffic management and parking to safely accommodate the
refurbishment workforce
• Ensure public confidence in the safe operation of the plant throughout
the various stages of the Project
• Keep the public informed about the progress of the Project
• Take steps to reduce the low probability of a nuclear incident leading
to an off site release
• Assess the potential effects of climate change routinely through an
adaptive management strategy which will review the adequacy of
existing programs
• Mitigate the negative effects on local fish populations
John indicated some the major conclusions of the EA are:
• There are no significant residual adverse environmental effects taking into
account the mitigation measures.
5
• The effects of the Project are considered to be minor and are already
effectively managed and understood.
• The Project is not expected to change the local community's enjoyment of
private property or neighbourhoods.
• The positive effects of the Project are broad and regional in scope.
• There will be ongoing communications with residents that will continue to
provide updates on the activities at Pickering Nuclear.
• The next steps are:
• CNSC will hold a Public Hearing for the Pickering B EA on
December 10, 2008 in Ajax
• The CNSC EA decision is expected in January or February 2009
John Peters or his associates will continue to update the DNHC on the Pickering B
EA Project process.
4.4 Report on the Emergency Preparedness Evacuation Time Estimate Study for the
Pickering B EA Project
Scott Forsythe, Section Manager, Emergency Preparedness for OPG, provided a
presentation on the emergency preparedness study conducted for the Pickering B
refurbishment and Continued Operation EA Project on the Evacuation Time
Estimate (ETE) Study dated October 2008. The highlights of his presentation were:
• The purpose of the study was:
• To verify the conclusion in the Pickering B Refurbishment and
Continued Operation EA concerning ETE's
• To perform this verification using modern methodology that is
consistent with ETE's at nuclear stations in the USA
• To provide documentation outlining the methodology, the
assumptions and the results
• An ETE is the elapsed time from when an order is given to evacuate the 3 km
and/or 10 km zone until the last person leaves the evacuation zone but not the
time it takes to reach a destination.
• The study considerations were:
• Mobilization time—notification, return of commuters,packing etc
• Evacuation time under different traffic conditions
• Voluntary shadow evacuation to 15 km
• All routes model—no special traffic management procedure
• Support data requirements were:
• Population data for 2006
• Population growth projections for 2025 and 2060
• Road capacity data for 2006
• Road capacity projections for 2025 and 2060
• The study results were:
• In 2006, it would take 3:50-5:00 hours to evacuate the 3 km zone and
4:50-6:30 to evacuate the 10 km zone
• In 2025, it would take 5:40-7:10 hours to evacuate the 3 km zone and
6:50-9:00 hours to evacuate the 10 km zone
6
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7:30-9:25 hours to evacuate the 10 km zone
• The conclusion of the analysis was there is sufficient time to safely evacuate
the primary zone of 10 km in case of a nuclear plant malfunction or accident.
• Similar methodology will be used for the New Nuclear at Darlington EA
Project.
Scott Forsythe will keep the DNHC updated on the progress of the Evacuation Time
Estimate Study at Darlington Nuclear. Scott can be reached at (905) 623-6670 or by
e-mail at scott.forsythe c op.(z.com for more information. The overheads used are
attached as Appendix 3.
5.0 Health Effects
5.1 Report from Health Canada on the proposed changes to the Ontario Drinking Water
Standards for Tritium
Dr. Anar Baweja, Senior Environmental Impact Specialist for Health Canada,
provided a presentation on the review of tritium guidelines for drinking water. The
highlights of Anar's presentation were:
• International limits for tritium in drinking water as measured in Bq/l/year
vary as listed below:
• Australia 76,000
• Finland 30,000
• WHO 10,000
• European Union 7,600
• Canada 7,000
• USA 740
• On February 21, 2007, the Minister of the Environment requested the
Drinking Water Advisory Council (ODWAC) to review and provide advice
on the existing standard for tritium in Ontario.
• The existing standard for Ontario is 7,OOOBq/l/year.
• Public and other stakeholder consultations were held in Toronto on March 26
and 27, 2008.
• The final recommendation of the ODWAC is expected soon.
Anar indicated the Health Canada response to the ODWAC was based on technical
considerations and indicated the ODWAC had the following options:
• Keep the current standard for tritium in Ontario.
• Lower the current standard for tritium.
• Set an objective concentration for tritium at a lower level than the formal
standard.
Anar's concluding remarks were:
• The risks of fatal and non-fatal cancers, at an exposure of 7,OOOBq/l/year, are
`negligible' over a lifetime.
• For the purpose of setting standards/guidelines, all radionuclides should
treated equally by using similar scientific criteria.
• Lowering the tritium standard would lead to disharmony with the
international guidance/advice such as the WHO and ICRP.
Dr. Anar Baweja can be reached at (613) 941-2355 or by e-mail at anar baweia fthc-
sc.ac.ca for more information. The overheads used are attached as Appendix 4.
6.0 Communications
6.1 Community Issues at Pickering Nuclear
Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on
Community Issues at Pickering Nuclear. The highlights of the Don's presentation
were:
• 4 Pickering units are operating at close to full power with units 7 and 1 shut
down for maintenance outages.
• Pickering A has achieved more than 1.7 million hours without a lost-time
accident and Pickering B employees have worked more than 2.3 million hours
without a lost-time accident.
• Pickering Nuclear is working with several community partners on
environmental issues in November and December 2008.
• In October, OPG was recognized by the Industrial Accident Prevention
Association for its partnership with the Safe Communities of Ajax and
Pickering and received the Ambassador for Safety Partnership Award.
Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905)
839-1151 extension 5966 or by e-mail at don.terrvCc copg.coin for more information.
6.2 Community Issues at Darlington Nuclear
Don Terry, Manager of Public Affairs at Pickering Nuclear, provided a presentation
on community issues at Darlington Nuclear for Jennifer Knox who could not attend
the DNHC meeting today. The highlights of Don's presentation were:
• Darlington has 4 units at close to full power with no planned maintenance
outages until the Vacuum Building Outage in the Spring of 2009.
• Darlington hosted several tours over the last few weeks including the NWMO,
Canadian Environmental Assessment Agency and the Ontario Ministry of
Energy and Infrastructure.
• Darlington has been nominated as one of four sites in North America to
receive the Wildlife Habitat of the Year Award and the winner will be
announced next week in Baltimore.
• Darlington is working with several community partners on environmental
issues in the Fall of 2008.
• OPG will be will be participating next week with a booth and speakers at the
annual Association of Power Producers conference featuring information on
nuclear generation performance and the New Nuclear at Darlington Project.
8
• In October, the latest issues of the Pickering and Darlington Nuclear
Neighbours newsletters were released and delivered to host communities in
Pickering and Darlington communities.
Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at
(905) 697-7443 by e-mail at Jennifer.knox(n`ong.com for more information.
7.0 Other Business
7.1 Topics Inventory Update
Robert Kyle indicated the Topics Inventory will be revised to include the
presentations made today and it is attached as Appendix 5.
7.2 Review of the DNHC Terms of Reference
Robert Kyle provided a copy of the proposed Revised Terms of Reference with two
minor changes from the existing Terms of Reference dated October 2006. After
some discussion, there were no other suggestions of change. Robert Kyle will
prepare a report to the Health and Social Services Committee and Regional Council
for approval of the changes.
7.2 Confirmed dates for DNHC meetings in 2009
Robert Kyle indicated the following DNHC meetings have been confirmed for 2009.
• January 16th to be hosted by Darlington Nuclear
• April 17th to be hosted by the University of Ontario Institute of Technology
• June 19th to be hosted by the Health Department
• September 18th to be hosted by Pickering Nuclear
• November 20th to be hosted by Darlington Nuclear
7.4 Future Topics for the DNHC to Consider
Robert Kyle indicated the topics for discussion at the next meeting on January 16,
2009 or future DNHC meetings may include:
• Progress report on Proposed Changes to Drinking Water Standards for
Tritium
• Progress Reports on EA's for Darlington B, Pickering A and B and the Port
Granby Project
• Report on the Use and Supply of Medical Isotopes in Canada
• Progress Report from Cancer Care Ontario on their Ontario Health and
Environment Information System
• Report from the DRHD on their recently developed neighbourhood
epidemiological studies using geographic information system technology
• Progress Report from Health Canada on their Radiation Monitoring Program
9
8.0 Next Meeting
Date January 16, 2009
Time 12:00 PM Lunch served
1:00 PM Meeting begins
Location Courtice Community Complex
2950 Courtice Road
Meeting Room B
Clarington, Ontario
9.0 Adjournment at 4:45 PM
10
GANARASKA REGION CONSERVATION AUTHORITY
I - 5
MINUTES OF THE FULL AUTHORITY
December 11, 2008
FA 07/08
1. Welcome and Call to Order
The Chair called the Full Authority meeting to order at 7:20 p.m.
MEMBERS PRESENT: Brian Fallis, Chair-Township of Cavan Monaghan
Raymond Benns -Township of Alnwick/Haldimand
Miriam Mutton —Town of Cobourg
Bob Spooner—Town of Cobourg
Mark Lovshin —Township of Hamilton
Twila Marston — Township of Hamilton
Cal Morgan — Municipality of Port Hope
Gord Robinson — Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Mark Peacock, Director, Watershed Services
Greg Wells, Manager, Planning and Regulations
Magdi Widaatalla, Manager, Watershed Services
Pam Lancaster, Stewardship Technician
Steve McMullen, Forester Recreation Technician
George Elgear, General Superintendent
Members of the Public
ABSENT WITH
REGRETS: Linda Thompson - Municipality of Port Hope
Charlie Trim — Municipality of Clarington
ALSO ABSENT: Dave Marsh — City of Kawartha Lakes
2. Disclosure of Pecuniary Interest
None
3. Minutes of Last Meetinq
FA 65/08
MOVED BY: Gord Robinson
SECONDED BY: Ray Benns
THAT the Full Authority approve the minutes of the October 16th, 2008 meeting.
CARRIED.
4. Adoption of the Agenda
The Chair informed the Board that there was one additional staff report and two additional
permits.
Minutes FA 07/08 Page 2 '
FA 66/08
MOVED BY: Ray Benns
SECONDED BY: Gord Robinson
THAT the Full Authority adopt the agenda as amended.
CARRIED.
5. Delegations:
None
6. Presentations:
a) Development and Testing of a Groundwater Indicator for Low Water
Response Program
The Manager of Watershed Services, Magdi Widaatalla, gave a presentation on the
development and testing of a Groundwater Indicator for Low Water Response.
Members asked about programs in other Conservation Authorities and indicated that in
2007 there were shallow well failures within some municipalities. It was indicated that
the shallow wells are the first indicators. Indicators are precipitation shallow acquifers
then river flow. Members asked questions in regards to when the public would be
asked to restrict water consumption.
FA 67/08
MOVED BY: Bob Spooner
SECONDED BY: Twila Marston
THAT the Full Authority receives the presentation for information.
CARRIED.
b) Cobourg Creek Watershed Plan
The Stewardship Technician, Pam Lancaster, presented an update to the members on
the Cobourg Creek Watershed Plan. She presented what the plan will look like upon
completion and indicated the components. The members asked questions in regards to
the presentation and how situations may affect the water supply such as abandoned
wells. The final plan is to come to municipal councils and the board in January.
FA 68/08
MOVED BY: Mark Lovshin
SECONDED BY: Gord Robinson
THAT the Full Authority receives the Cobourg Creek Watershed Plan presentation for
information.
CARRIED.
7. Business Arising from Minutes:
a) 2009 Levy vote
Gord Robinson expressed some concern in regards to the proposed 3% salary increase.
Minutes FA 07/08 Page 3
FA 69/08
MOVED BY: Twila Marston
SECONDED BY: Ray Benns
THAT the Full Authority adopt the 2009 Levy.
CARRIED.
A recorded vote is required.
Ray Benns, Township of Alnwick/Halimand (0.9466%) yes
Gord Robinson, Municipality of Clarington (22.63115%) no
Twila Marston, Township of Hamilton (5.8978%) yes
Cal Morgan, Town of Port Hope (9.3819%) yes
Miriam Mutton, Town of Cobourg (11.4631%) yes
Brian Fallis, Township of Cavan Monaghan (0.2078%) yes
Bob Spooner, Town of Cobourg (11.4631%) yes
Mark Lovshin, Township of Hamilton (5.8978%) yes
The total percentage present to vote was 67.88915. To carry the motion 51% total of
those present is required (34.6234665) and cannot be from a single municipality. The
vote was carried. (45.258%)
8. Chair and CAO/Secretary-Treasurer Remarks
The Chair spoke about the AD Latornell. He said it was one of the best symposiums that
he has attended. He learned a lot about climate change. The Chair asked the Board
members if they would like to receive the agenda package electronically. After a
discussion, it was decided that members would receive the package electronically and in
the mail for a trial period.
The CAO/Secretary-Treasurer updated the members on the Conservation Ontario
meeting. Construction of the Ganaraska Forest Centre is progressing on time.
Substantial completion in mid-January with completion at the end of January at which
time GRCA staff will co-ordinate contractors to complete the Centre. Conservation dinner
tickets are now available.
9. Business from the Board Members.
Gord Robinson wished everyone a merry Christmas.
Twila Marston wished everyone a happy, healthy holiday season.
Bob Spooner informed members that the artificial rink will be opening in Cobourg at 6:00
pm on Saturday.
Miriam Mutton will not be participating in selling raffle tickets. She wished everyone a
Merry Christmas.
Ray Benns wished a Merry Christmas to all and thanked members for their co-operation
through these interesting times.
Mark Lovshin wished everyone a Merry Christmas.
10. Correspondence:
FA 70/08
MOVED BY: Mark Lovshin
SECONDED BY: Bob Spooner
Minutes FA 07/08 Page 4
THAT correspondence items#17 through #20 be received for information.
CARRIED.
11. Applications under Ontario Regulation 168/06:
The process of issuing and Board approval of permits was reviewed.
Permits approved by Executive:
a) 168/06-988-10/08 — Dave Chomitz – (Town of Cobourg) – construction
of deck
b) 168/06-989-10/08 — William Harford / Kelly Brownell - (Municipality of
Port Hope)–construction of a 30' x 40' barn
c) 168/06-990-10/08 — Sherry & Mark Holmes/Matt Burley - (Township of
Hamilton) –stabilization of Cobourg Creek stream bank
d) 168/06-991-11/08 — David Herd – (Town of Cobourg) - construction of
a replacement shoreline armour stone wall
e) 168/06-992-11/08 — Enbridge Gas - (Municipality of Clarington) –
directional drilling beneath a watercourse for installation of gas pipeline
f) 168/06-993-11/08 — Mike & Gayle Willoughby / David Veenstra -
(Municipality of Clarington) – directional drilling beneath a tributary of
Graham Creek for gas line installation
g) 168106-994-11/08 — Brian Thornton - (Municipality of Clarington) –
replace 3 existing CSP culverts with 2 concrete box culverts for
emergency driveway access
Miriam Mutton asked for clarification of the map for permit 168/06-990-10/08.
Gord Robinson stated that the Municipality of Clarington had an issue with Enbridge's
work at the 7t' Concession south of Leskard Road, He asked questions regarding permit
168/06-992-11/08 and if this issue was present with this permit.
FA 71/08
MOVED BY: Mark Lovshin
SECONDED BY: Gord Robinson
THAT the Full Authority approve permits issued by the Executive.
CARRIED.
Permits requiring Full Authority discussion:
None
12. Committee Reports:
a) Ganaraska Forest Recreation Users Committee– November 6
Discussion took place as to whether the Forest could safely handle the current usage.
Staff indicated that parking and staging are an issue. Members were concerned that
adequate parking should be available and the Municipality of Clarington is looking into
this. Ray Benns said the most important thing is that each event will be looked at
individually.
FA 72/08
MOVED BY: Twila Marston
SECONDED BY: Cal Morgan
Minutes FA 07/08 Page 5
THAT the Ganaraska Forest Recreation Users Committee minutes be received for
information.
CARRIED.
b) Ganaraska Forest Recreation Users Committee — November 27
FA 73/08
MOVED BY:
SECONDED BY:
THAT the Ganaraska Forest Recreation Users Committee minutes be received for
information.
CARRIED.
13. New Business:
a) 2009 Economic Adjustment
There was a discussion among the members. Gord Robinson voiced concerns
regarding the current economy and the proposed 3% salary increase.
FA 74/08
MOVED BY: Cal Morgan
SECONDED BY: Bob Spooner
THAT the Full Authority approve the 2009 Economic Adjustment staff report.
CARRIED.
b) Conservation Authorities Moraine Coalition Resolution
FA 75/08
MOVED BY: Twila Marston
SECONDED BY: Bob Spooner
WHEREAS the Oak Ridges Moraine Foundation (ORMF) was created by the Province
of Ontario in 2002 and at that time the Province provided the ORMF with $15 million to
support its activities:
WHEREAS ORMF has provided the Ganaraska Region Conservation Authority (GRCA)
with funding for the redevelopment of the Ganaraska Forest Centre and the Oak Ridges
Moraine Information Centre, stewardship initiatives and management and research
projects;
WHEREAS this funding has been a key factor in the success of these projects;
WHEREAS the ORMF has committed most of the initial provincial funding to
stakeholder projects and will not be able to continue to support projects on the moraine
without additional funding;
Minutes FA 07/08 Page 6
THAT the Full Authority request that the Province of Ontario renew its financial
investment in the Oak Ridges Moraine by providing additional funding of $30 million to
the ORMF and;
FURTHER THAT a letter requesting support go to the watershed municipalities and;
FURTHER THAT correspondence be sent to the MPPs of the area.
CARRIED.
14. Other Business:
a) Horse riding events at the Ganaraska Forest Centre
Ray Benns asked in regards to looking for overflow parking with the Municipality of
Clarington.
Mark Lovshin asked about accommodating snowmobiling and ski events.
FA 76/08
MOVED BY: Bob Spooner
SECONDED BY: Cal Morgan
THAT the Full Authority receive the staff report for information purposes.
CARRIED.
15. In Camera
None
16. Adiourn
The meeting adjourned at 9:35 p.m. on a motion by Bob Spooner.
i
CHAIR AO/SECRETAR TREASURER
D - 9
200 University Ave,Suite 801
Toronto,ON M5H 3C6
• Tel.:(416)971-98561 Fax:(416)971-6191
Association of Municipalities of Ontario
E-mail:amo @amo.on.ca
MEMBER COMMUNICATION ALERT N°: 08/064
To the attention of the Clerk and Council FOR MORE INFORMATION CONTACT:
December 19,2008
Milena Avramovic,Senior Policy Advisor,AMO
(416)971-9856 ext 342
We Need Your Support of the AMO position on the Waste
Diversion Act and the Blue Box Program Plan Review
Issue:
As we advised in November, the Minister of the Environment launched a discussion paper to officially
begin the five year review of the Waste Diversion Act(WDA). He also directed Waste Diversion
Ontario (WDO)to conduct a review of the Blue Box Program Plan (BBPP). AMO has submitted
responses to both of these requests. AMO needs your written comments to the Minister in support of
both these positions.
Background:
The Ministry of the Environment is looking for feedback on the challenges associated with Ontario's
waste diversion framework, the programs under it, and the proposed plan for moving forward. A
number of consultation sessions have been held across the province and now the Ministry is looking
for written submissions. AMO through its Waste Task Force, has developed responses to both of
these reviews which are attached (please click here). You will note that both of the letters reflect very
closely the position papers developed by AMO and supported by you, our members. The responses
highlight municipal challenges and perspectives and will help shape any recommended changes to the
WDA, the BBPP and the strategic waste management directions. We need you to advise the Minister
and the WDO of the Environment in writing that you support these positions.
Action:
That your municipality supports the attached AMO positions with correspondence to the Minister of the
Environment by January 15,2009 for the WDA and by February 27, 2009 for the BBPP.
For responses to WDA, BBPP:
Hon. John Gerretsen
Minister of the Environment
12th Floor - 135 St Clair Avenue West
Toronto ON M4V1 P5
For responses to BBPP Only:
Andy Pollock Hon. John Gerretsen
Vice Chair Minister of the Environment
Waste Diversion Ontario 12th Floor- 135 St. Clair Avenue West
45 Sheppard Avenue East-Suite 920 Toronto, ON M4V 1 P5
Toronto, ON M2N 5W9
Association of .�•
1-1 Municipalities of Ontario
Association of
Ami Municipalities of Ontario 0
�;a6m of c tks of oma o OFFICE OF THE PRESIDENT
December 19, 2008
Hon. John Gerretsen
Minister of the Environment
12th Floor- 135 St Clair Ave W
Toronto ON M4V1 P5
Andrew Pollock
Vice-Chair
Waste Diversion Ontario
45 Sheppard Avenue—Suite 920
Toronto, ON M2N 5W9
Dear Minister Gerretsen and Mr. Pollock:
Re: Review of the Blue Box Program Plan
This is in response to the Blue Box Program Plan Review recently directed by the Minister of the
Environment. While the current Blue Box Program has been successful, it has become obvious to
those in the business that recycling alone is not enough. Ontarians are throwing out as much waste
today, perhaps more than at the time the Blue Box was first implemented some 20 years ago. Over
this 20 year period it was the property taxpayers of this Province who have paid for all of the
disposal costs of this waste, and most of the recycling cost. It is time to for this practice to stop
Most companies that make the printed paper and packaging material that are collected in the Blue
Box do not think of recycling and disposal during the design stage of their product as they pay only a
small fraction of the actual cost of managing it. When companies have full responsibility for the
costs of managing their product at the end of the lifecycle, we will get products that are designed
better for the environment and cost less to manage when we are done using them.
The Association of Municipalities of Ontario (AMO) and the Municipal Waste Association (MWA),
formerly known as AMRC, supports the shifting of full responsibility for all activities related to
managing discarded consumer packaging and printed paper to the stewards responsible for
producing this packaging. This Extended Producer Responsibility (EPR)framework will provide the
incentive for stewards to examine and implement new design into their products to reduce the
amount of the material in the first place, to enable reuse, to design with recyclability in mind and to
design it in a way that it will be cost effective. This is not an unusual concept to most of the stewards
to the Ontario Blue Box program as EPR programs exist in other Provinces of Canada and other
countries in the world where these stewards market printed paper and packaging.
AMO and MWA prepared the "AMO and AMRC Discussion Paper for an Alternative Approach to
Ontario's Blue Box Funding Model" a position.paper which has been submitted to the Minister and
strongly advocates for full Extended Producer Responsibility on all costs associated with the
management of all post consumer packaging and printed paper. It recommends among other
things, an expanded list of designated Blue Box materials to include all post consumer packaging
and printed paper. It advocates that all costs associated with the management of this material be
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2
paid by the stewards including any costs associated with the management of the litter and garbage
stream (energy recovery and landfill). It advocates for incentives and penalties, defining and
enforcing recovery targets, management of problematic materials and promotion and education
strategies.
The transition to a full EPR program, whereby the responsibility for managing consumer packaging
and printed paper in the residential waste stream transfers from municipalities to industry, will
involve some major policy changes that will need to be implemented, AMO and MWA believe it can
be done in 3 years.
Some recommended policy changes would include:
• Introducing a new regulation requiring the Industry Funding Organization to implement a
Province-wide blue box recycling program that provides the same level of service currently
provided to the residents of Ontario, or better. This may include curbside collection, multi-
residential collection and public space recycling programs. Other mechanisms may be
introduced, i.e., deposit-return; depot; return to vendor; etc. that would augment existing
recycling programs. The key to remember is the level of service to the resident,whatever the
approach(s) chosen the service needs to be equal to what is currently available or better to
ensure an increase in the rate of participation and to ensure resident satisfaction. The new
regulation will need to establish clear service standards with respect to service frequency,
local promotion and education activity, and financial penalties for poor performance to
ensure existing collection service standards are maintained. It is imperative that Province-
wide promotion and education activities in support of program performance be central to any
plan. In addition, financial incentives need to be provided to municipalities for local
promotion and education in support of the program in much the same manner as has been
implemented with the Municipal Hazardous and Special Waste Plan (MHSW). It is also
imperative that annual auditing and monitoring of all systems be undertaken to document all
stages of the management of the material the reduction and reuse but also disposal.
Reducing the materials from disposal is as much a key in diverting this resource as it is in the
reduction of this material in the design stages of its development.
• Change the definition of Blue Box Waste in Regulation 101/94 to include all consumer
packaging and printed paper.
Establish a short-term timeframe of three years by which time all consumer packaging and
printed paper must be accepted in residential recycling programs, with strict recycling targets
for each type of packaging and printed paper product.
• Although we support the shifting of responsibilities and costs to the stewards, we believe that
there is a role for municipalities. Municipalities will continue to collect garbage, source
separated organics and yard waste material at the curb and have the expertise and
associated infrastructure to support recycling collection activities (e.g. complaint response
system, mapping for routing, etc.). In many municipalities, recyclables are being co-collected
with other materials. We therefore support the concept of municipalities having the
opportunity to negotiate or bid on the delivery of all services and especially on the collection
of recyclables. This too is nothing new as municipalities will have the opportunity to enter
into contractual arrangements with OES to delivery the WEEE program at a set fee.
3
During the 3 year transition period in which industry is adjusting the Blue Box system to
accommodate all consumer packaging and printed paper, all municipal costs of managing non-
recyclable packaging in the municipal waste and litter stream needs to be compensated at 100%.
After the transition period expires, municipalities would be responsible for managing any Blue Box
Waste remaining in the municipal waste stream. This speaks to municipalities using existing tools
under the Municipal Act to limit garbage bags and pushing BB material out of the disposal stream
and into reuse and recycling. The amount of the material in the garbage is expected to reduce as
quickly as municipalities implement those tools.
In this recommended approach the municipal role would be one of fee for service for those
municipalities that would voluntarily wish to continue with the delivery of recycling collection (as is
the case with WEEE).
Stewardship Fees
Steward fees will need to reflect the actual cost of managing the consumer packaging and printed
paper that is recycled, ends up as litter or is disposed of in municipal garbage collection systems.
What needs to be remembered is the absolute fundamental requirement to implement a Provincial
Hierarchy Policy or Chain that management of these materials must take. We need to be cognizant
of the fact that the disposal of consumer packaging and printed paper is often less expensive than
managing the material in the 3R's hierarchy. Accordingly, there needs to be incentives and
penalties built into the fee structure using the Hierarchy as a basis for the formula. In other words,
those redesigning the product to be more reusable or easily recyclable should be rewarded while
those producing difficult materials to recycle or producing materials for disposal should be penalized
with higher fees. Practically speaking this must result in increased fees to cover the full cost of
managing consumer packaging and printed paper. Specifically the formula will need to shift more
costs from better performing to poorer performing materials, reward materials that achieve material
specific recycling targets (and penalize those that don't) and credit stewards that incorporate
recycled content in their products and packaging.
Any company or sector that currently exists, or a new one that chooses to implement an alternative
recovery system (e.g. deposit- return), should remain an obligated steward to pay for the costs
associated with managing any of their consumer packaging or printed paper that is still being
managed by another system i.e. curbside/multi-residential/public space recycling system or
disposal.
Environmentally Responsible Manaaement
AMO and MWA supports the following mechanisms being added to the Blue Box Program Plan to
ensure environmentally responsible management of Blue Box material:
- vendor qualification standards for collection contractors, processing facilities and end
markets
- investment in processing technology to reduce cross-contamination of collected material
- investment in Ontario-based material converters and end markets to expand capacity
(particularly for hard to recycle plastic packaging)and to more effectively manage
contamination levels in material collected in multi-material recycling programs.
4
Additional Blue Box Waste
AMO and MWA supports redefining Blue Box Waste as "all consumer packaging and printed paper'
including primary, secondary, tertiary and in-store packaging that is conceived to be distributed to
household consumers. Other types of residential waste, such as furniture, toys, dishware, tools,
clothing, mattresses, diapers, etc. should be the subject of separate Waste Diversion Plans under
the WDA.
Blue Box Waste Collected Outside the Blue Box
AMO and MWA's position is that all consumer packaging and printer paper should be recyclable
and included in the curbside/multi-residential/public space recycling system, or alternative recovery
systems fully funded and operated by industry. Municipalities should be reimbursed for 100% of the
cost of managing consumer packaging and printed paper in the waste and litter streams. It is
recognized that municipalities need to commit to use the tools at their disposal to limit the amount of
garbage and force post consumer packaging and printed paper into the Blue Box stream.
Program Performance
- ALL Post Consumer Products and Printed Paper to be collected in all municipal programs.
- Each material type needs a robust target for reducing, reusing and finally recycling. It needs to
be reviewed and a new target for every year of a 5 year plan. The Plan should also reviewed
every 3 years and new targets set. Severe penalties for those materials not meeting the targets
or those products that have not changed to be compliant with the Hierarchy must be
implemented and acted upon by the Government. This could include the direction for the
establishment of a product specific system.
Industry must be fully responsible for the management and cost of the program for all communities
in Ontario. All communities in the Province must have access to recycling that is equal or better
than the existing program. Industry should investigate how/where to consolidate materials in
outlying communities before shipping to market that does not place undue hardships on the
communities. Cost of freight from northern/isolated communities must be covered.
As stewards assume full responsibility for recycling, efforts to increase efficiency of the program
should be undertaken and should include harmonization of materials, transportation, deposit-return;
return to vendor; compost; etc.
Promotion & Education programs conducted at the Provincial level need to provide a consistent and
comprehensive level of service. To reach the resident at the community level, adequate industry
funded financial incentives need to be provided to municipalities in order that they may target
specific curbside collection requirements.
Problematic Wastes
1. A Packaging Review Panel (and/or a set of standards for packaging or products using EPR
principles) should be struck, that will develop an Ontario logo system for identifying how the
material is to be handled at the end of its life, whether that be through deposit-return, return
to vendor, Blue Box, compost, etc.
5
2. There is a need for a standard review of any new packaging or product coming onto the
market. This should also be used on any product already in the market place, particularly
those currently identified as difficult materials. The producer/packager should have to go
through a process that is similar in scope to the Environmental Assessment(EA), showing
the alternatives considered. If the material is not recyclable, it should not be allowed into the
marketplace. If the material does not fit into the Blue Box, or can't be readily processed with
existing infrastructure (must be able to be processed with a lowest common denominator
MRF), it should be handled in a different way at that producers full cost. Any cost of the
standard review to be borne by the steward.
3. Through continuous improvement, any material not reaching the Program target must be
financially penalized. The penalty can also include the expulsion of the problem material
from a Program and direction to the steward to set up an alternative method of managing this
material.
4. Stewards are to be responsible for the province-wide consistent and continuous and robust
Promotion and Education.
Municipalities should be compensated to continue with community level promotion and education
programs, particularly as it relates to the blue box materials to divert them from disposal and into the
blue box.
ICI Wastes
1. The IC&I sector needs their own BBPP with ground rules and oversight set by the
government. Special attention needs to be given to the multi family residential and the BIA's
where they are currently part of the municipal BB system.
2. The IC&I sector represents significant volume and tonnage of materials and could
conceivably add an additional two times what the residential sector is currently processing.
This could mean significant ramifications on existing processing capacity and markets..
3. Continual enforcement of Regulations, especially on waste audits and waste reduction work
plans as required by Regulation 102/94.
4. Ministry to create incentives for the IC&I sector to recycle and for the private sector waste
management companies to participate.
5. Identify end markets and develop a phased in approach to ensure that end
markets are growing at comparable rates. Focus on material to be recycled; recycled
content; and, market development.
Yours sincerely,
Zs.*-x auo'.4-
Peter Hume
President
cc: Hon. John Gerretsen, Minister of the Environment
Jamie MacDonald, Senior Special Adviser, Policy, Ministry of the Environment
John Vidan, Director, Waste Mgmt. Policy Branch, Ministry of the Environment
Am; 0 Association of
Municipalities of Ontario
^WL-16M of hunkipAliftof 0,IM10 OFFICE OF THE PRESIDENT
December 19, 2008
Alena Grunwald
Project Manager
Ministry of the Environment
Integrated Environmental Planning Division
Waste Management Policy Branch
35 St Clair Avenue West- Floor 7
Toronto, ON M4V 1 P5
Dear Ms. Grunwald:
Re: Response to the Review of the Ontario's Waste Diversion Act, 2002 Discussion
Paper, EBR 010-4676
This is the response from the Association of Municipalities of Ontario (AMO) and the
(Municipal Waste Association (MWA)formerly the AMRC to the Ministers invitation to
participate and respond to the review of the Waste Diversion Act, 2002.
Toward a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002
Discussion Paper for Public Consultation
At the outset, AMO and WMA advocate the enactment of a new Ontario Waste
Management Act, of which one part would address waste diversion issues. This change is
required as waste diversion and waste management matters are currently addressed in the
Waste Diversion Act, 2002 and the Environmental Protection Act. AMO/WMA do not
advocate making amendments to the Environmental Assessment Act, as this Act has been
reviewed extensively in the recent past. Comprehensive legislation addressing all aspects
of waste management and resource recovery is required for Ontario.
Full Extended Producer Responsibility
1. How can the Act be revised to embed extended producer responsibility in Ontario's
waste diversion framework to drive toward zero waste and foster a green economy?
The preamble and/or purposes of the new Ontario Waste Management Act must clearly
embed the following guiding principles to aid in interpretation of the legislation:
• Waste as a resource — with zero waste as the provincial goal by a realistic target
date; and
• Extended producer responsibility as a methodology to assist in the preventing of
generation, reducing, reusing, recycling, recovering energy and disposing of waste.
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2
2. How can existing waste diversion programs move toward fuller extended producer
responsibility?
Industry stewards must be empowered to take full life cycle responsibility for all aspects of a
product or packaging for products imported or manufactured in Ontario. Stewards would
be responsible for meeting material specific diversion (re-use and recycling) targets.
Stewards would, however, be free to design product stewardship programs that may or may
not include the existing blue box delivery model provided the level of service for Ontario
residents remains the same and has the potential for improving.
3. What are the roles and responsibilities of municipalities in a full extended producer
responsibility framework?
Municipalities owning or operating waste disposal facilities may continue to offer services to
the public and industry stewards. Stewardship groups may opt to contract with
municipalities for delivery of services to the residential and the industry commercial and
institutional (IC&I) sectors, where efficiencies continue to exist. Stewardship groups would
be responsible for provincial-wide promotion and education of their programs.
Municipalities can provide local promotion and education to encourage residents to the
most appropriate collection method or place of collection, at stewards' cost.
Define extended producer responsibility to benefit the environment
4. How can the extended producer responsibility principle be defined in the Act in order
to recognize the impact of waste and non-waste factors?
EPR must be extended to all materials, such that eventually all materials have
inherent value and are not considered waste.
As for non-waste factors such as energy efficiency, toxics reduction, greenhouse gas
emissions and use of raw materials, the fees should reward products that are capable of re-
use, increased use of recycled materials. The fee structure should not take into account
greenhouse gas emissions or toxics reduction as other jurisdictions or other Ontario
Ministries can best regulate those issues. AMO/WMA declines to comment on energy
efficiency, since recycling of materials will always be more energy-efficient than
manufacture from a raw state and has, thus, been accounted for as noted above.
5. How can programs best extend producer responsibility beyond that portion of the
waste stream that is recycled?
For both the residential and IC&I sectors, AMO/WMA supports the monitoring of the way
waste is disposed in Ontario to aid in the setting of waste reduction and diversion targets.
AMO/WMA supports the incorporation and expansion of the principles of Bill 105, currently
before the Ontario Legislature (further commented on in response to question number 21).
For example, through mandated and steward-financed periodic waste audits, operators of
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3
waste disposal and energy recovery facilities will know what percentage of their waste
streams are composed of recyclables and those materials that cannot be recycled. This
data would be submitted to both Ministry of the Environment and Waste Diversion Ontario
(WDO). WDO would coordinate the funding remittal of that portion of fees from the
appropriate IFO to the operator of the facility. This funding contribution is intended to off-set
the cost of operating and maintaining the costs, especially long-term costs in landfill site
maintenance following closure. The Ministry of the Environment will use the data to assist
in enforcement Province-wide waste shed infrastructure planning and policy development.
Incorporate greater flexibility for industry in meeting extended producer
responsibility requirements.
6. Does the Act provide the incentives necessary to encourage industry-led stewardship
plans and individual stewardship plans?
(a) If so, how can those tools be used to encourage the development of industry-led
waste diversion programs?
(b) If not, what additional tools are required to provide maximum flexibility for
producers?
The Act could be used to encourage the development of industry-led waste diversion
programs. Materials, with re-use and recycling targets, could be designated ahead of
program development with longer lead times to develop programs, which would encourage
industry-led programs.
AMO/WMA does not support the continuation of voluntary contributions such as the in-kind
advertising contributions— as are currently utilized by the Canadian Newspaper Association
and the Ontario Community Newspapers Association in the current Blue Box Program Plan
— since these do not provide a stable and guaranteed secure funding contribution to the
industry funding organization and Ontario's municipalities.
Aside from more realistic time to develop plans and markets, AMO/WMA do not believe that
additional tools are required for producers. Industry should be reminded that they always
have an option to bring forward an industry-led waste diversion program to WDO or the
Ministry under subsection 34(1) and 34(2) of the Act. In this view, however, this application
should be made solely to the Minister for approval, with a copy of the application being
submitted to WDO for any review comments back to the Minister.
7. Extended producer responsibility programs are typically built on annual fee setting
cycles. Can the fee setting cycles of the programs be redesigned to react more
quickly to marketplace changes, or the entrance of new products and packaging into
the market?
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4
Yes, the fee setting cycles can be adjusted to react more quickly to market changes and
new introductions into the market. At present, stewards report market sales information on
a quarterly basis with stewards' fees being set on an annual basis. In AMO/WMA's opinion,
it should be able to adjust fees so that they are set using the prior quarter's sales to more
accurately reflect market share.
With material specific diversion targets being phased-in over time, both the stewardship
organization and WDO should be able to anticipate new product and packaging entries into
the markets.
Fee Visibility
8. As a key principle of an EPR approach, should the province call for fees related to
environmental management costs to be included in the product cost as a factor of
production, rather than added separately at the point of sale?
AMO/WMA agrees that visible fees should not be added separately at the point of sale.
Deposit return fees have been incorporated into the product costs and are not shown
separately to consumers. AMO/WMA supports the internalization of the fees that producers
and stewards of products will be required to pay to compete in the Ontario marketplace.
The only instance in which visible fees may be palatable is for retailing of products with high
toxicity—to directly promote consumer choice to more environmentally-friendly alternatives.
Impact on Existing Markets
9. How can Ontario ensure fairness and competition when introducing waste diversion
programs?
This is a difficult question —since market factors cannot and do not always promote
reduction or recycling programs. In many cases, it appears to cost more to recycle and it
certainly is more complicated to design a viable recycling program, rather than shipping
waste to landfill disposal within or outside of Ontario. Where materials are to be
designated, it makes sense to give realistic development timeframes to allow stewards to
change product and packaging materials and develop infrastructure processing and local
markets. Open competition and transparent contract procurement must be practiced with
the use of established MERX postings at all times.
Stewardship models
10. How could individual stewardship be incorporated into the Act to better drive
diversion?
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5
Stewards that openly redesign products and packaging using "design for environment" to
reduce product and packaging waste or utilize recycled or easy-to-recycle materials with
local infrastructure, should receive credit offsets against their fees payable to the industry
funding organization. Product stewards that introduce products or packaging that leap-frog
one of the steps of the waste management hierarchy toward energy recovery or waste
disposal should be penalized correspondingly.
11. What tools would help consumers better manage the wastes they generate?
The Province could pass consumer protection legislation that would allow all consumers
who utilize retail outlets to leave product packaging at the retail outlet, to facilitate easy
recovery for re-use, recycling, energy recovery or disposal, as appropriate. If consumers
purchase products on-line, the return of both the product and/or the product packaging,
should be explicitly at the cost of the retailer, distributor or industry steward. If products or
packaging cannot be returned to point of sale, then they must be managed through steward
funded programs. This legislation would also ensure that advertising of these options be
readily available to all consumers to increase waste recovery efforts in Ontario.
Improve and extend stewardship
12. How can stewardship best be extended to materials outside current waste diversion
programs such as new, non-recyclable materials or waste that ends up as litter?
Increased fees would be levied to those stewards who introduce new non-recyclable
materials or convert from easy to-more difficult recyclable materials Into the market. In
addition to steward fees, the Province should impose targeted provincial excise fees on
such products, upon import. Municipalities would continue to be responsible for the
collection and disposal of litter and would conduct regular waste audits at their facilities.
With audit information available, stewards whose products end up as litter would be
financially responsible to contribute to the municipality's long-term cost of managing the
waste disposal, waste processing or energy recovery facility.
Decreased fees or one-time credits would be levied on stewards who decrease packaging
or sell different amounts of products upon consumer demand (i.e. paint sold by room
dimension).
Establish the 3Rs hierarchy in the Act
13. How can the 3Rs be better entrenched in the Act to drive toward zero waste and
foster a green economy?
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6
AMO/WMA supports the incorporation of a schedule in the waste/resource management
legislation which goes beyond the 3Rs and clearly sets out the waste management
hierarchy: prevent waste generation, reduce, re-use, compost, recycle, energy derived from
waste, waste disposal without energy recovery. Should another hierarchy develop in the
future or changes need to be made, the schedule could be amended in the future.
14. Does the Act provide the necessary tools required to promote the 3Rs?
(a) If so, how can those tools be used more effectively?
(b) If not, what additional tools are needed?
Waste reduction, re-use and diversion targets were set for Municipal Special or Hazardous
Waste and Waste Electronics and Electrical Equipment Plans. Continued monitoring of.the
progress towards these targets must be formally made by WDO Ontario and informally by
the appropriate Industry Funding Organization or industry, in the case of an industry-led
stewardship plan. As such, AMO/WMA supports the inclusion of"continuous improvement'
as an explicit program policy role for WDO. For more information on explicit changes to the
legislative wording, please see the AMO/AMRC Review of the Waste Diversion Act
Discussion Paper submitted in July 2007, which is attached to this submission.
Where targets are not made and progress is not observed, funding levels should be able to
be adjusted by WDO to promote the development of markets and corresponding
infrastructure. This would require increased funding approval powers for WDO. Stewards
can avoid the rise in funding contributions by utilizing proper design for environment
principles or adjusting funding levels on their own to cover their costs of implementing
extended producer responsibility. WDO would also act to ensure that the cost of the
programs is realistic and fair for producers to ultimately impose on Ontario consumers.
15. What additional principles should be embedded in the Act to guide development of
waste diversion programs in the province?
AMO/AMRC continues to support the inclusion of open, broad and inclusive consultation in
the development of waste diversion programs. The AMO/AMRC July 2007 Discussion
Paper (attached) went into great depth as to the need for increased public consultation and
how to enshrine this principle in the Act.
Where industry proposes to impose industry-led waste reduction and diversion plans,
AMO/WMA would also like to see the industry conduct consultation with key stakeholders
on their proposed changes. This would have, perhaps, staved off the introduction of such
problematic packaging materials, such as the Coleman "Green Key", into Ontario markets.
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The role of the consumer
16. How can the Act be used to better encourage and leverage the role of the consumer
in the 3Rs hierarchy?
AMO/WMA supports and has expanded on the examples cited in the WDA Discussion
Paper to empower consumers in making responsible decisions, such as:
• Ensuring robust, steward-led Provincial-wide promotion and education messaging on
waste diversion (reduction, composting and recycling) programs;
• Ensuring complementary local education by municipalities in the delivery of local waste
disposal and energy recovery programs;
• Requiring retailers make it easy for consumers to take back products and packaging at
point of sale and when consumers no longer need the products and/or packaging;
• Incorporating deposit return systems for certain products and packaging to spur on
higher levels of collection;
• Entrenching consumer access options to above systems, irregardless of population
density or geography;
• Requiring products to have clear labels to inform consumers of options for take back,
deposit return, recycling and environmental impacts of disposal for products and the
packaging of products; and
• The Ministry of the Environment should work with the Ministry of Education, Ministry of
Training, Colleges and Universities, Ministry of Health Promotion and the Ministry of
Economic Development to provide consumer-based education on the cost and impacts
associated with the purchase of products and packaging.
17: What are the incentives that would most likely result in greater waste reduction and
reuse?
We have seen that deposit return can properly incent consumers to divert materials from
waste disposal and the Blue Box to an appropriate and convenient deposit return point of
contact.
Local municipal control needs to be continued and expanded to implement material-specific
landfill and energy recovery bans on all facilities. Municipalities may need to consider
implementation of clear bags for disposal, to allow for easier enforcement of mandatory
diversion and recycling by-laws. Where municipalities fail to act, the Minister may be
empowered under legislation to impose bans on designated materials and other methods to
encourage waste reduction and diversion. All municipalities within certain geographic areas
may need to consider implementing tag-a-bag fee systems.
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18. What additional incentives would most likely drive greater waste diversion efforts by
consumers?
Local municipal promotion and education campaigns focusing on who bears the ultimate
cost for recycling (stewards) and waste disposal (municipalities with steward contribution).
19. What information regarding the environmental impacts of products and packaging
should be made available to consumers and how?
Retailers should be required to post signs explaining the mobilius loop and plastics codes
and explaining what product packaging can be placed in blue box, take back (return to
retail) and deposit return programs. With stewards taking responsibility for implementing full
extended producer responsibility across the Province, there will likely be a standardization
of the materials accepted in the Blue Box and at return-to-retail locations. This
standardization of materials will be reflected in Ontario-wide promotion and education
messaging for all consumers.
In addition to charging for plastic or paper bags, retailers should make consumers aware
that packaging can be returned to the store at point of sale or when product is no longer
needed.
Enhance 31Rs regulations
20. Should Ontario continue to promote approaches to waste diversion that focus on
facilitating diversion by waste generators?
(a) If so, how could these approaches complement an extended producer
responsibility framework?
See answer to question number 18 above.
21. How could data reporting and other 3Rs obligations be used to enhance diversion?
Data reporting needs to shift from tonnes of designated materials to another measure such
as volumes to properly address the trend towards lighter plastic packaging that is either
harder-to-recycle or incompatible with marketing of high quality compost or processing at
composting facilities.
Data reporting and regular waste audits at stewards' cost needs to be conducted at final
disposal and energy recovery facilities to ensure that the cost of dealing with litter and waste
residue is properly accounted for and financially assisted by stewards within an extended
producer responsibility methodology.
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AMO/WMA supports the principles of current private members Bill 105 that would provide a
means for monitoring the way waste is diverted and disposed in Ontario. Carriers who
remove waste from Industrial, Commercial and Institutional (IC&I) sites would be required to
keep records of the amount of designated materials removed and delivered to diversion and
disposal sites. Reporting would be done on a quarterly basis to the Ministry of the
Environment with the same monitoring and reporting requirements imposed on the owners
or operators of waste processing and disposal sites. The Ministry of the Environment would
be responsible for auditing and verifying accuracy of records and submitted information with
appropriate offence and enforcement provisions. These provisions would assist the
Ministry, WDO, municipalities in proper waste flow monitoring and industry stewards in
planning for appropriate infrastructure investments. It would also discourage activities at
some waste disposal sites that claim to actively "re-use or recycle" materials on-site, with
very little actual "diversion" from landfill. For example, using construction and demolition
wastes on landfill sites to build roads, should not be considered diversion from landfill, as it
is being done to support landfill disposal activities.
22. What, if any, amendments to the 3Rs regulations could be made to support future
extended producer responsibility programs?
As with our submission on the revision to the Blue Box Program Plan, AMO/WMA strongly
supports the shifting the full responsibility for all activities related to managing discarded
consumer packaging and printed paper to industry stewards. This framework would provide
stewards and Stewardship Ontario with the necessary financial incentives to reward for
"design for environment"' for waste reduction, reuse and select packaging that can be cost
effectively reused or recycled. This transition to a full extended producer responsibility
program will involve major policy changes that will need to be implemented over several
years. AMO/WMA recommends the following amendments to the 3Rs regulations and
beyond:
• Redefine Blue Box waste in the legislation as all consumer packaging and printed paper,
including primary, secondary, tertiary and in-store packaging that is conceived to be
distributed to household consumers. Other types of residential waste, such as furniture,
dishware, clothing, mattresses, diapers, toys, etc., would be the subject of separate
waste diversion program plans;
• Repeal O.Reg. 101194 and introduce a new regulation requiring Stewardship Ontario to
implement the same level of service or better including curbside, multi-residential and
public space recycling for municipalities over 5,000 in population and for those
municipalities under 5,000 in population who are currently running a curbside collection
program. This new regulation or revised Blue Box Program Plan would have to establish
clear service standards with respect to service frequency, local promotion and education
activity and financial penalties for poor performance to ensure maintenance of existing
service collection standards. The regulation or new Program Plan would also specify
requirements for Province-wide promotion and education activities to support program
performance;
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• Establish a timeframe (3 years) by which all consumer packaging and printed paper
must be accepted in residential recycling programs, with strict reduction, re-use and
recycling targets for each type of packaging and printed paper product;
• Stewards may design the new Program Plan; however, municipalities will likely have a
key role in collection due to current co-collection of recyclables, waste and compost
programs. AMO/WMO supports the concept of municipalities being allowed to negotiate
or bid on collection contract with stewards for delivery of these services. Until contracts
can be assigned to Stewardship Ontario, stranded costs must be addressed through the
Plan development (with Stewardship Ontario paying the full system costs with a fee for
service, leasing facilities or systems or entering into other contractual arrangements for
municipal service); and
• During the 3-year transition timeframe and beyond, require Stewardship Ontario to pay
100% funding to municipalities for the cost of managing non-recyclable packaging and
printed paper remaining in the municipal waste stream.
Revisions to the Act
23. Is there a role for existing Act programs to encourage the facilitation of diversion by
IC&I waste generators?
(a) If so, are the available tools appropriate or are additional tools necessary?
O.Reg. 101194, one of the current 3Rs regulations under the Environmental Protection Act
limits the Blue Box Program Plan to certain mandatory and optional collection of certain
municipal waste materials generated within municipalities with greater than 5000 persons.
O.Reg. 102194 imposes waste reduction and waste auditing responsibilities on certain
operators in large IC&I sectors. O.Reg. 103194 imposes requirements for source separation
and recycling programs on larger multi-residential buildings and on the owners and
operators of large IC&I facilities set out in O.Reg. 102194.
There are, however, no mandatory waste diversion (reduction and recycling)targets for IC&I
sectors caught by the 3Rs regulations. Not all municipalities offer recyclable collection
services to the IC&I sectors located in their communities and not all communities have
access to private recyclable collection service. In addition, until recently, the Ministry of the
Environment carried out little to no enforcement of O.Reg. 102194 and O.Reg.103194. The
result has been a spotty patchwork of recycling programs serving IC&I generators across
Ontario.
Should the Minister expand the designation of materials for the Blue Box Program Plan to
all consumer packaging and printed paper and remove the population requirement and
size sector requirements within the regulations - this would capture materials targeted for
retail in the residential sector and all of the IC&I sector and ensure increased capture rates.
The responsibility would need to be placed on the IFO to serve both the residential and IC&I
sectors. The IFO, WDO and the Ministry of the Environment would implement ongoing
enforcement of ICI waste reduction, auditing and participation in recycling programs.
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Additional targeted promotion and education would be required from the IFO to let all
players in the IC&I sector know of the increased service requirements.
Municipalities could assist in the pursuit of these policy goals. In case of construction and
demolition, they can ensure that a requirement for issuance of a building permit for
demolition and construction of new housing and structures would require submission of a
waste reduction, re-use, recycling and disposal plan and an appropriate money bond —
which would be released back to the developer upon successful completion and verification
of the requirements of the waste plan. The Building Code Act should not be allowed to be
an obstacle for developing this as a standard municipal building permit practice.
Extending responsibility for wastes in the IC&I sectors to producers
24. How can responsibility be extended to producers to address the end of life
management of their products and packaging sold or supplied to the IC&I sectors?
(a) What authorities should be included in the EPA or the Act to facilitate this?
As previously stated, the Ministry should extend the responsibility of producers for the
management of all consumer packaging of products and printed paper. This would enable
end of life management for all sectors to be addressed within the appropriate WDO or
industry-developed Program Plans. Please see our answer to question number 22 for
specific policy direction regarding legislative authorities.
25. Are there any aspects of existing waste diversion programs that could provide a
means of facilitating extended producer responsibility for products and packaging
generated in the IC&I sectors?
Please see answers to question numbers 23 and 27.
Priority IC&I sectors or specific materials/range of materials
26. Do any specific IC&I sectors lend themselves more readily to application of extended
producer responsibility?
See answer to question number 27.
27. Are any specific materials generated by IC&I sectors more appropriate for extended
producer responsibility programs?
It would be appropriate to direct efforts at materials generated in larger quantities (the low
hanging fruit) by the IC&I sector for extended producer responsibility programs. For
instance, compostable materials comprise a large percentage of waste generated by the
IC&I sector. For large producers, these materials could be designated and managed in
ways similar to current initiatives serving the residential sector.
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Wood and drywall waste from the construction and demolition (C&D) activities also
comprise a large percentage of IC&I waste. Encouragement of building technologies with
substantially less wood, use of more sustainable types of wood products, re-use and
recycling through wood chipping could prevent the generation of wood C&D waste. Industry
stewards should be encouraged to continue efforts at developing local and effective
technologies for the recycling of drywall.
AMO/WMA recognizes that some materials — such as those generated by hospitals and
medical establishments — may not be appropriate to meet re-use or recycling targets and
instead remain dedicated for energy recovery or toxic landfill disposal.
28. What other tools could help encourage /C&/ establishments to divert as much waste
as possible?
Like the producers of products serving the residential sector, AMO/WMA would support
landfill bans for specific designated materials to encourage markets and development of
processing infrastructure for the IC&I sector. Monitoring of waste generated and diverted by
IC&I establishment and waste carriers that serve IC&I establishments, as put forward in Bill
105, would demystify waste flow in this sector. Open continuous enforcement of waste
reduction work plan and recycling targets and the monitoring of reporting by carriers,
processors and final disposal destinations would encourage in this sector.
Possible Approaches
29. How could roles and responsibilities be articulated to clarify mandates?
AMO/WMA does not immediately see a need for the clarification of mandates. Waste
Diversion Ontario clearly explains their mandate on their website and the Ministry's own
discussion paper provides an excellent synopsis of the various mandates of the major
players and their roles and responsibilities. Once the WDO board is changed — as outlined
below— perhaps there could be some limited Province-wide advertising about its functions.
30. What should be the responsibilities of.
(a) The Minister?
The Minister is first and foremost responsible for the public interest and the stable
availability of waste recovery and management infrastructure across Ontario. The Minister
is responsible for ensuring the Provincial waste policy principles are enshrined and enforced
by Ministry staff and Waste Diversion Ontario in the new waste management legislation.
The Minister should develop and apply policy principles that may vary according to
geographic area and population density. In addition, the Minister and the Ministry are
responsible for working with other Ministries and levels of government to develop Ontario's
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infrastructure and ensure the enactment of zero waste and other complementary policies by
other Provinces and the Federal Government.
As outlined in the AMO/AMRC July 2007 Discussion Paper, we support modification of the
Minister's powers to approve, reject and modify waste diversion program plans
AMO/WMA supports the concept of having Ministry waste management enforcement
resources supported by stewards' fees, paid by the appropriate IFO.
(b) Waste Diversion Ontario?
WDO is unique, in that in other Canadian jurisdictions, a combination of Provincial Ministry
staff and industry funding organizations perform most of WDO's functions. However, this is
simply a different method of service delivery, chosen by the Provincial Government.
AMO/WMA agrees with the current role of WDO as the developer of waste reduction and
diversion programs. As will be discussed below, AMO/WMA support governance changes
and enhanced public consultation in program development to support this role.
WDO is limited because the IFOs, through the collection of stewards' fees, fund all of its
activities. WDO is often motivated to develop diversion programs— irregardless of quality or
prescriptive program request letter wording — so that it can recover its costs. WDO is also
hampered by a lack of resources and its current need to maintain harmonious relations with
its IFOs and industry stewards. WDO needs separate and secure funding to allow it to
develop programs (if necessary), properly criticize and independently modify the programs
in development to ensure program targets can be met, and ensure adequate resources are
assigned to monitor and direct continuous program improvement.
WDO needs to spend renewed effort and focus on the monitoring and evaluating programs
and acting to encourage and direct continuous improvement in re-use, reduction and
recycling of materials. So long as the WDO Board moves towards a more balanced
representation, reflective of the public interest, this should remove the previous conflicts in
Board member interest in maintaining program status quo and assist in more effective
scrutiny of programs (see comments under question 31).
If there are other major concerns with the working of that organization, this can be
addressed in five years in the next review of the legislation.
(c) Industry Funding Organizations and Industry Stewards
We appreciate that each IFO should be managed by its board of directors to be selected
from stewards of the designated waste or groups of waste materials. This improves
accountability and ensures appropriate oversight. It is also appropriate that these boards
have public interest representation on them as their decisions ultimately affect the public.
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However, IFOs are creatures of the WDO and their sole purpose is to develop and
implement the program plans. If their members block continuous improvement of program
plans, subvert re-use and diversion targets by switching packaging material, WDO must
have options available to direct change. WDO is delivering the Minister's direction, which is
first and foremost a reflection of Provincial policy and public interest.
AMO and WMA support a prominent role for IFOs in the development and implementation
of province-wide promotion and education. As with our submission on the review of the
Blue Box Program Plan, once Stewardship Ontario transitions to and has the responsibility
for one hundred percent (100%) funding responsibility for all product packaging and printed
paper, it makes sense to have it responsible for promotion and education — a key
implementation of the Blue Box Program Plan.
Industry stewards are able to develop individual product plans under the Act, however,
without being financially responsible for final waste disposal costs such as at present, there
is little financial incentive for them to be pro-active. Making industry stewards responsible
for the costs of litter, waste disposal and recycling infrastructure will definitely tip that
balance. However, once a material is designated, the stewards may be forced into
participating in a collective IFO. They can only opt-out after the IFO program has been
approved, to meet the Minister's requirements on an individual basis. AMO/WMA
understands that this measure is in the Act to ensure that there is not "hollow" participation
in the development of the program plan, but if there is insufficient lead time on possible
waste or packaging designations by the Ministry, this stymies or discourages development
of individual industry steward plans. AMO/WMA supports the need to designate materials
as far in advance of issuing program request letters as possible and the need to give heads-
up for stewards on potential landfill bans or surtaxes. This could encourage industry
stewards to develop their individual plans, and/or develop their IFO in advance. Imposition
of an IFO structure, by WDO, would then only be required as a last resort.
(d) Ontario's municipalities?
AMO and WMA have added in this subcategory in response to the questions posed in this
Discussion Paper. Ontario's municipalities have played vital roles in waste collection,
processing and waste disposal as well as planning and monitoring of local waste
management. As the Blue Box Program Plan transitions to 100% steward funding, the
IFOs, namely Stewardship Ontario and other product stewards, can decide whether or not
they wish to continue using municipal collection and processing infrastructure and
assumption of current municipal contracts. IFOs should open waste collection and
processing contracts to bids from the municipal sector.
Local municipalities should have the ability to pass by-laws to impose landfill or energy
recovery material-specific bans on all local facilities, to ensure that IFOs, individual product
stewards or private waste disposal companies do not leapfrog or overstep the Provincial
waste management hierarchy.
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Municipalities should continue to play an important role in local promotion and education, at
stewards' cost, to ensure that IFOs' promotion and education messages are reinforced.
This promotion and education must remain complementary to where and how materials
should and can be re-used, reduced and recycled — ensuring diversion wherever possible in
Ontario.
31. What changes, if any, could be made to the board structures of Waste Diversion
Ontario or industry funding organizations to provide more balanced representation?
The Act provides for specific composition of the WDO Board of Directors. It also allows for
an operating agreement to specify an alternative structure of members of the Board of
Directors and observers (section 6.01).
In 2006, there was recognition within WDO that it was time to move away from a
representation governance model towards a more balanced structure of the WDO Board to
reflect a broader membership at large and the public interest. In particular, WDO has
recognized that its Board must be based on a process that mitigates allegiance to
nominating organizations and encourages fiduciary responsibilities to WDO. WDO's
Governance Committee recommended that industry representation come from sources
other than the IFOs, as WDO is required to monitor the effectiveness and efficiency of
programs implemented by IFOs. After considerable debate, WDO's governance committee
brought forward 3 potential changes to Board structure, of which the following structure was
approved by the Minister of the Environment earlier this year:
■ 5 industry representatives jointly appointed by industry associations;
■ 5 stakeholder representatives comprised of
o 4 municipal representatives jointly appointed by municipal associations
o 1 Environmental Non-Governmental Organization (ENGO) representative
jointly appointed by the Ontario Environmental Network and the Recycling
Council of Ontario; and
■ 4 unrelated Directors appointed by the Minister.
AMO/WMA is in full support of this new governance structure. The balance of voting power
on WDO decisions will move to the 4 public interest and 1 ENGO appointees. This will
ensure that the Ministry's interests and the public interest are furthered in all WDO
decisions, decrease the amount of power allotted to representatives who have inherent
conflicts of interests, and break former stalemates.
32. What additional authorities should each organization be given that would help ensure
that the public interest is protected?
WDO needs to ensure that the costs of the delivery of programs are accurate to ensure that
industry stewards are passing realistic costs onto consumers in the pricing of products.
Therefore, WDO's primary responsibilities - aside from plan development - include
promoting and monitoring of continuous improvement towards waste reduction, re-use
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targets and the corresponding fee-setting methodology. If additional resources are required
in this area, then WDO staffing will need to be expanded accordingly. The AMO/AMRC July
2007 Discussion Paper went into specific detail about proposed changes to the Waste
Diversion Act to embed continuous improvement and monitoring in the Act.
33. What tools might be needed to better resolve conflicts, particularly at the program
development stage?
In the past, changes have been made to waste diversion plans without any consultation of
those parties affected. AMO/WMA would like to remind the Minister of the changes to the
funding contribution of newspaper stewards in 2005 to allow for in-kind contributions rather
than actual financial contributions. This change was accomplished through lobbying of the
Provincial government without input from Ontario's municipalities. This change has resulted
in substantive annual increases of the in-kind contribution which continues to jeopardize the
sustainability of Blue Box funding due to fluctuations in values in recyclable markets. This
has not worked since its inception and thus AMO/WMA recommend the deletion of
subsection 31(2).
We wish to prevent such unfortunate incidents from occurring again and would therefore
request to have all decision points within the WDA incorporate fairness, transparency and
open accountability principles. One of the ways to ensure such procedural mechanisms
are followed is to make sure that adequate consultation is undertaken so that all parties
have a chance to put forward their views on program and plan development and changes
thereto.
At present, section 7 of the Act allows the Minister the sole discretion to establish policies
applicable to WDO. While AMO/WMA agree that this is an appropriate role for the Minister,
due to the shared financial impacts of potential policy development, it would be easier to
accept the potential plan impacts, if interested parties were consulted in advance of
imposing policy changes. AMO/WMA recommend that consultation of such policies, in
advance of their imposition would be more beneficial for all interested parties and ensure
that there are no surprises for all concerned. This is also consistent with the consultation
currently being undertaken on the implementation of Phases 2 and 3 of the Municipal
Hazardous and Special Waste Plan.
In addition, AMO and WMA recommend that WDO's approval of a proposed waste diversion
program be made public and the details of the program be provided to the IFO and
Ontario's municipalities before the program is submitted for Ministerial approval. This is
also essentially what occurred with Phase I of the Municipal Hazardous or Special Waste
Plan and would give one last chance to ensure adequate consultation is done, particularly in
situations where the timeline for development of such programs are extremely short. It also
may alleviate potential problems in implementation later in the process or avoid potential
disputes in the future.
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34. What changes are necessary to ensure timely program development and approval?
It is not enough for the Ministry to specify program development within a set timeline. Each
program development letter must specify that the program respond with material specific
reuse and diversion targets as well as implementation schedules. If the Ministry is not
satisfied with the proposed scheduling, then the Minister should have the discretion to
amend the plan. At present, the Minister can only approve or turn down the plan — this
leaves no room for the discretionary application of Provincial waste policy guidelines.
35. Are penalties for non-compliance appropriate?
There are very few charges for non-compliance under the Act. This would appear to
indicate that the penalties are appropriate. However, the penalties levied in the recent past
do not appear to represent a real financial hardship for most companies operating in
Ontario.
The penalties should be commensurate with what the company would have paid under the
Act for fee payments for the appropriate year, plus additional monies to serve as a deterrent
to others (20% at the lowest). In addition, the victim fine surcharge should be remitted to
WDO to offset their annual operating costs and should not be allotted to general provincial
revenues.
Yours sincerely,
L �t
Peter Hume
President
cc: Hon. John Gerretsen, Minister of the Environment
Jamie MacDonald, Senior Special Adviser, Policy, Ministry of the Environment
John Vidan, Director, Waste Mgmt. Policy Branch, Ministry of the Environment
WDO
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Energizing Ontario
REPORT#1
REPORT TO COUNCIL MEETING OF JANUARY 12, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JANUARY 5, 2009
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-005-09 Environmental Stewardship 2008 Program Update
(b) EGD-001-09 Monthly Report on Building Permit Activity For November
2008
(c) ESD-001-09 Monthly Response Report— November 2008
(d) Presentation —Wilson Little, P. Eng., St. Marys Cement— Regarding the
Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the
Related Regulatory Approvals
2. PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR
SPACE ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL
PURPOSE COMMERCIAL ZONE (C5) USES, TO REDUCE THE BUILDING
SETBACKS AND LOADING SPACE REQUIREMENTS —45 AND 5 SPICER
SQUARE
APPLICANTS: 2154513 ONTARIO INC. AND 2143619 ONTARIO INC.
THAT Report PSD-001-09 be received;
THAT the rezoning application submitted by 2154513 Ontario Inc. and 2143619
Ontario Inc., be approved and that the proposed Zoning By-law contained in
Attachment 3 to Report PSD-001-09 be passed; and
THAT all interested parties listed in Report PSD-001-09 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 January 12, 2009
3. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN
GRANTS UPDATE
THAT Report PSD-002-09 be received for information; and
THAT all interested parties listed in Report PSD-002-09 and any delegations be
advised of Council's decision.
4. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE
THAT Report PSD-003-09 be received for information; and
THAT all interested parties listed in Report PSD-003-09 and any delegations be
advised of Council's decision.
5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS
UPDATE
THAT Report PSD-004-09 be received for information; and
THAT all interested parties listed in Report PSD-004-09 and any delegations be
advised of Council's decision.
6. PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND
EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF
SUBDIVISION IN THE CITY OF OSHAWA
APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INC./CAMEO
SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS
CORPORATION INC.
THAT Report PSD-006-09 be received;
THAT the City of Oshawa be advised:
i) that the Municipality of Clarington has no objections to the approval
of the proposed amendments to Oshawa Official Plan and Eastdale
Part II Plan;
ii) that the Municipality of Clarington has no objections to the approval
of the proposed Draft Plan of Subdivision (S-0-2005-04) subject to
the conditions contained in Attachment 3 to Report PSD-006-09; and
iii) that the Municipality of Clarington has no objection to the approval of
the proposed Draft Plan of Subdivision 18T-97027; and
THAT a copy of Report PSD-006-09 be forwarded to the City of Oshawa
Development Services Departments, the Region of Durham Planning and Legal
Departments and the Ontario Municipal Board.
Report #1 3 January 12, 2009
7. APPLICATION FOR REMOVAL OF HOLDING
OWNER: PRESTONVALE ROAD LAND CORPORATION & PAUL LYSYK
FAMILY TRUST
THAT Report PSD-008-09 be received;
THAT the application submitted by Prestonvale Road Land Corporation and Paul
Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single
detached units be approved;
THAT the By-law attached to Report PSD-008-09, to remove the Holding (H)
symbol, be passed and that the Region of Durham be forwarded a copy of Report
PSD-008-09; and
THAT all interested parties listed in Report PSD-008-09 and any delegations be
advised of Council's decision.
8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF DECEMBER 11, 2008
THAT Report PSD-009-09 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made
on December 11, 2008 for application A2008-0020 and that Staff be authorized to
appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment; and
THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on December 11, 2008 for application
A2008-0034 is not warranted. However, should an appeal be lodged by another
party, Staff be authorized to appear before the Ontario Municipal Board to defend
its original recommendation.
9. PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18
CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON)
That Report EGD-002-09 be received;
That the road allowance situated in Lot 18, Concession 5, further identified as Part
3 on Registered Plan 40R-25645 be closed and declared surplus and that the road
allowance be conveyed to Andy Meima;
That the applicant pay the appraised land value of$7,545.00 as well as all legal
and other financial costs associated with the transaction;
That Council pass the necessary by-laws to implement the recommendations of
Report EGD-002-09; and
That Andy Meima be advised of Council's decision.
Report#1 4 January 12, 2009
10. ASPEN SPRINGS WEST SUBDIVISION PHASE 2, PLAN 40M-2214,
BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION
BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED
WORKS
THAT Report EGD-003-09 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-2214; and
THAT Council approve the by-laws attached to Report EGD-003-09, assuming
certain streets within Plan 40M-2214 as public highways.
11. EMERGENCY EVACUATION CENTRE REQUESTS -
ULTIMATE SCHOOL-AGERS
THAT Report CSD-001-09 be received;
THAT Ultimate School-Agers be authorized to utilize the Courtice Community
Complex as an Emergency Evacuation Facility for "localized emergencies",
subject to the conditions on which this approval was given, as outlined in the body
of Report CSD-001-09; and
THAT Ultimate School-Agers be advised of action taken.
12. 3rd QUARTER PARKING REPORT
THAT Report CLD-001-09 be received; and
THAT a copy of Report CLD-001-09 be forwarded to the Bowmanville Business
Centre for their information.
13. CL2008-31, HIGHWAY 2 STREET LIGHTING AND STREETSCAPE
IMPROVEMENTS, BOWMANVILLE
THAT Report COD-001-09 be received;
THAT Rutherford Contracting Limited, Gormley, Ontario with a total bid in the
amount of$1,047,296.93 (Plus G.S.T.), being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2008-31, be
awarded the contract for the Highway 2 Street Lighting and Streetscape
Improvements, Bowmanville. as required by the Engineering Department;
THAT $55,000.00 be reallocated from the 2008 Highway 2 Sidewalk account to
the 2008 Highway 2 Streetlight Installation account;
THAT funds required in the amount of$1,290,000.00 (which includes
$1,047,296.93 tendering, consulting and contingencies) be drawn from accounts
as follows:
Report #1 5 January 12, 2009
Department & Account Number Amount
Engineering Department - Capital Budget
• 2008 Streetscape Implementation,
Account #110-32-338-83278-7401 ........................................... $ 568,540.00
• 2008 Federal Gas Tax (Street Lighting) Component
of Streetscape Implementation ................................................... $ 81,460.00
- 2008 Sidewalk Construction,
Account #110-32-331-83278-7401 ........................................... $ 255,000.00
- Street Light Installation,
Account #110-32-324-83278-7401 .....................................$ 315,000.00
- 2007 Green Road Reconstruction, r
Account #110-32-330-83276-7401 ............................................. $ 70 000 b
Total Funds Available $1,2 000. 0
;and
THAT the attached By-law marked Schedule "A", attached to Report COD-001-09,
authorizing the Mayor and the Clerk to execute the necessary agreement, be
approved.
14. DELEGATION — TERRA SAYER, CANADIAN RED CROSS, DURHAM REGION
— DISASTER MANAGEMENT
THAT the delegation of Terra Sayer, Canadian Red Cross, Durham Region
regarding Disaster Management be received with thanks.
15. DELEGATION — RICHARD WARD — PROPERTY STANDARDS ORDER FOR
3709 REGIONAL ROAD 9
THAT the delegation of Richard Ward regarding Property Standards Order for
3709 Regional Road 9 be received with thanks.
16. DELEGATION — RICHARD WARD — GPA RESOLUTION #GPA-697-08
THAT the delegation of Richard Ward regarding GPA Resolution #GPA-697-08 be
received with thanks.
17. DELEGATION — DAVE WALLACE — REQUEST FOR A TIME EXTENSION FOR
OCCUPYING A SECOND DWELLING UNIT AT 4380 COURTICE ROAD
THAT the delegation of Dave Wallace regarding his request for a time extension
for occupying a second dwelling unit at 4380 Courtice Road be received.
Report#1 6 January 12, 2009
18. CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO
LOCAL BOARDS
THAT Confidential Report COD-002-09 be received;
THAT the current provision of benefits for the Newcastle Arena manager, be
grandfathered and discontinued at the time that the incumbent leaves the existing
position;
THAT the request for the Newcastle Hall Board and the Clarington Older Adult
Association Board for coverage of full time employees under the Municipal Benefit
program, paid for by the individual Boards, be denied;
THAT Council authorize the Clerk's Department, after consultation with Human
Resources, to provide notice of Council's decision on provision of benefits to
external groups, should similar requests be received in the future;
THAT the Newcastle Hall Board, and the COAA Board, be advised of Council's
decision; and
THAT the Newcastle Hall Board, and any other such boards, be encouraged to
consult with the Clarington Board of Trade for possible options regarding this
matter.
19. ENGINEERING PROJECTS — UPDATE REPORT
THAT staff report back in due time on Engineering projects completed in 2008,
projects carried over from 2007 and 2008, including expected dates for completion
and associated budgets, and the status of the Mill Street South Underpass project
in the Village of Newcastle.
20. REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORTING
WHEREAS in the year 2007, Clarington Council approved and made available to
the public the 2007-2010 Corporate Strategic Business Plan. The Mission
Statement contained in that document reads as follows: "TO PROVIDE
INFASTRUCTURE AND QUALITY SERVICES TO OUR COMMUNITY
STAKEHOLDERS THROUGH LEADERSHIP, ACCOUNTABILITY AND
RESPECT."
AND WHEREAS the Strategic Business Plan complements the other three
important planning and policy tools of Council: the Clarington Official Plan; the
annual operating budget; and the multiyear capital plan. Collectively, these
governance tools represent the cornerstones of all municipal government
decisions.
AND WHEREAS the Municipality of Clarington is in the approvals process for the
2009 Municipal Capital and Current Budget.
Report #1 7 January 12, 2009
AND WHEREAS the Municipality of Clarington's current revenues sources are as
follows: approximately 51% are generated from property taxes, and the balance is
generated from the following:
a) Payment-in-lieu/Linear taxation/Grants — 10%
b) Contributions from Reserves and Reserve Funds — 21%
c) Licenses and Permits — 3%
d) User Fees — 10%
e) Interest on Investments — 2%
f) Interest on Taxes/fines— 2%
g) Other— 1%
AND WHEREAS each year the Municipality of Clarington depend upon these
budgeted revenues to off-set the budgeted expenses.
AND WHEREAS a portion of these revenues are variable and are directly related
to the economic growth both within and outside the Municipality of Clarington.
AND WHEREAS in the event that there is a revenue shortfall in any given year,
such shortfall will impact the tax levy in the following year, effectively increasing
property taxes by the amount of the revenue shortfall.
AND WHEREAS Clarington Council is mandated to managing the assets of the
Municipality of Clarington in a fiscally responsible manner and to determine which
services and at what level those services will be provided to the people of
Clarington.
AND WHEREAS in consideration of the current volatile economic global outlook,
Clarington Council desires to more closely monitor the revenues and expenses of
each department in the months ahead. The purpose of such monitoring is to:
a) protect the interests of the taxpayers in the Municipality of Clarington,
b) prevent any yearend surprises in revenue shortfalls,
c) improve the openness and transparency of the public reporting process,
d) provide an additional management and reporting tool for staff, council and
the public, and
e) demonstrate to the taxpayer that Clarington Council is managing the assets
of the municipality in a fiscally responsibility manner.
NOW THEREFORE BE IT RESOLVED THAT the Chief Financial Officer, the
Chief Administration Officer and the Chief Executive Officer design a report which
provides: by department and on a monthly reporting basis; adequate information
for Staff to analyze and report to Council the variable growth related revenue and
the variable economic related revenues which could have an adverse effect on
achieving the 2009 Municipal Capital and Current Budget.
UNFINISHED BUSINESS
•
LsadiRg the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 5, 2009
Report#: PSD-007-09 File #: PLN 23.8.2 By-law#:
Subject: COMMERCIAL RECREATIONAL VEHICLE STORAGE
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-007-09 be received;
2. THAT consideration of commercial recreation vehicle storage in the Urban Residential,
Future Urban Residential and Major Open Space Areas designation, be considered as
part of the "Planning for the Countryside" component of the Clarington Official Plan
review;
3. THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-
007-09 and Council's decision; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by: ao,�
David Jr rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/sh/df
15 December 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830
REPORT NO.: PSD-007-09 PAGE 2
1.0 BACKGROUND
1.1 On October 6, 2008, while considering PSD-099-08, a report proposing regulations for
recreational storage and parking on residential properties, the General Purpose and
Administration Committee added a recommendation directing the Planning Services
Department to examine whether any changes are required to the Official Plan with
respect to permitting commercial recreational vehicle storage area uses outside of
industrially designated areas.
1.2 The topic of commercial storage of recreational vehicles was raised through
submissions, delegations, and subsequent discussions at the General Purpose and
Administration Committee meetings on June 16th, October 6th, and at the Council
Meeting on October 14th considering the above referenced regulations for storage and
parking of recreational vehicles. Discussions recognized that other than industrially
designated lands, proposals for commercial storage of recreational vehicles typically
require Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval.
Council's recommendation to examine required amendments to Official Plan policies
recognizes that the costs associated with amending the Official Plan may deter
individuals from legitimizing a use. Commercial storage areas may see an increase in
demand due to the recently approved regulations for parking of recreational vehicles on
residential properties.
1.3 Currently, the Official Plan and Zoning By-law permits commercial outdoor storage
facilities to locate only within designated General Industrial Areas. There are six
storage facilities located in the General Industrial Areas. These businesses store a
variety of items primarily within a building. Outdoor storage of recreational vehicles is
also available; however, it is not the primary focus of these businesses. An application
recently received by the Municipality proposes an expansion to an existing storage
facility on Toronto Street in Newcastle Village. The proposal includes a warehouse like
building for storage of boats and trailers.
2.0 STAFF COMMENTS
2.1 Attachment 1 is a chart that provides an overview of provincial and regional policies that
relate to official plan designations outside of industrial areas. An amendment to the
official plan to permit commercial outdoor storage areas for recreational vehicles would
have to comply with the Provincial and Regional policies.
2.2 Urban Residential Areas
2.2.1 Storage of goods is typically considered an Employment Area use in the Durham
Region Official Plan. These uses are permitted within the Living Area provided that they
are not obnoxious in nature and the appropriate provisions are included within the
municipal Official Plan. The Provincial Policy Statement requires that land uses within
Settlement Areas are appropriate and make efficient use of land, resources, and
infrastructure and public service facilities.
REPORT NO.: PSD-007-09 PAGE 3
2.2.2 Commercial outdoor storage facilities for recreational vehicles could be permitted as an
interim use within urban residential areas provided that there is adequate land area
(minimum 2 hectares) to ensure appropriate buffering between residential uses. It is
anticipated that the cost of serviced lands would make this use uncompetitive with lands
needed for residential development and would therefore only establish in un-serviced
areas, where residential development is not anticipated for a number of years.
2.2.3 A draft amendment to the Clarington Official Plan is contained in Attachment 2. It
contains provisions that may be used in evaluating rezoning applications in Future
Urban Residential and Urban Residential Areas. These provisions will ensure that
proposed commercial outdoor storage areas for recreational vehicles have adequate
land area, will be appropriately screened from view, will not need to modify the land or
add buildings, will not negatively affect adjacent land uses and will not jeopardize future
urban development.
2.3 Prime Agricultural Areas
Commercial outdoor storage of recreational vehicles is not related to agriculture and
provincial and regional policies do not support such a use within the prime agricultural
designation.
2.4 Green Space
2.4.1 The Provincial Policy Statement and the Provincial Greenbelt Plan both permit non-
agricultural uses provided that the use is appropriate for a rural location and can be
sustained by rural service levels. The Provincial Policy Statement further states that
recreational, tourism and other economic opportunities should be promoted.
2.4.2 Within the Major Open Space designation, the Durham Region Official Plan allows
municipal plans to permit compatible non-agricultural uses provided that the use is small
in scale and serves the resource and agricultural sectors.
Staff met with Regional Planning Staff who determined that an amendment to the
Durham Region Official Plan would be required to allow commercial recreational vehicle
storage in the Major Open Space designation. The Municipality would have to provide
justification in support of an amendment as to why the use is appropriate within the
Major Open Space designation. Regional Staff indicated that the Municipality must
differentiate this use from other similar uses to ensure the Major Open Space Area is
not utilized for incompatible uses.
2.4.3 Outdoor storage of recreational vehicles is not related to agriculture. However, such a
use could be located to have a minimal impact on the landscape. Combined with the
ability to locate on un-serviced lands, it could be argued that it is compatible with the
rural nature of the Green Space and Major Open Space designations. As such a use is
land extensive and not typically a generator of jobs; it would be beneficial to permit the
use outside of the Employment Areas. Both the Region's Growing Durham Plan and
the Provincial Growth Plan encourage designated employment areas to increase
REPORT NO.: PSD-007-09 PAGE 4
employment intensification and job to population ratios. This use of land in the
employment area would be counter productive in achieving that goal.
2.4.4 A draft amendment to the Green Space policies of the Clarington Official Plan, similar to
the amendment proposed to the residential policies, is contained in Attachment 3. The
amendment would allow commercial outdoor storage of recreational vehicles subject to
criteria to be considered in the evaluation of rezoning applications. In order to
implement this proposed amendment to the Clarington Official Plan, an amendment to
the Durham Regional Official Plan is required. Should Council wish to pursue a
Regional Official Plan Amendment, additional work would be required to provide the
justification requested by the Region.
3.0 CONCLUSION
3.1 Based on the review of provincial and regional policies it is determined that commercial
outdoor storage of recreational vehicles could be supported in restricted areas of the
Municipality. Draft amendments for the Future Urban Residential and Urban Residential
designations, as well as the Green Space designation have been drafted, and are
contained in Attachment 2 and 3 respectively. As noted above, the Municipality would
have to submit an application to amend the Region of Durham Official Plan for any rural
designation as well as amend the Clarington Official Plan.
3.2 The Municipality is currently undertaking the review of the Clarington Official Plan. The
"Planning for the Country Side" component will be considered this spring with approvals
in the Fall. Rather than pursue separate amendments, it would be more efficient from a
public consultation and staff resource viewpoint to consolidate these proposed
amendments into the Official Plan review. It is respectfully requested that Council
authorize this proposed direction.
Attachments:
Attachment 1 - Provincial and Regional Policies
Attachment 2 - Draft Official Plan Amendment- Future Urban Residential and Urban
Residential
Attachment 3 - Draft Official Plan Amendment- Green Space
List of interested parties to be advised of Council's decision:
Steven Bobas
Tim and Sandra Kerns
Tom McKee
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Attachment 2
To Report PSD-007-09
DRAFT
AMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Clarington Official Plan is to include
provisions to permit commercial outdoor storage of recreational vehicles in
the Future Urban Residential and Urban Residential areas.
BASIS: This amendment is based on Council's consideration of an Official Plan
Amendment application initiated by the Municipality of Clarington.
ACTUAL
AMENDMENT The Clarington Official Plan is hereby amended by adding a new Section
9.3.9 as follows:
9.3.9 Commercial recreational vehicle storage may be permitted in Future
Urban Residential and Urban Residential Areas by site specific temporary
zoning provided such development:
a) is located on a lot with minimum area of 2 hectares;
b) the commercial recreational vehicle storage area does not exceed
50% of the lot area to a maximum of 1 ha;
c) storage areas shall be located at the rear of the lot and shall be
appropriately screened so as to not have a negative impact on
abutting properties and not be visible from the road frontage;
d) does not require modification of terrain, removal of trees, the
construction or use of buildings and structures;
e) is not a public nuisance due to noise, hours of operation, or traffic
generation;
f) does not require municipal services;
g) does not adversely impact any natural heritage features shown on
Map C;
h) does not jeopardize the orderly future development of the lands for
urban uses; and
i) other issues as may be required by the Municipality.
Attachment 3
To Report PSD-007-09
DRAFT
AMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Clarington Official Plan is to include
provisions to permit commercial outdoor storage of recreational vehicles in
Green Space Areas.
BASIS: This amendment is based on Council's consideration of an Official Plan
Amendment application initiated by the Municipality of Clarington.
ACTUAL
AMENDMENT The Clarington Official Plan is hereby amended by adding a new Section
14.5.6 as follows:
14.5.6 Commercial recreational vehicle storage may be permitted in Green
Space Areas by rezoning provided such development:
a) is located on a lot with minimum area of 2 hectares;
b) the commercial recreational vehicle storage area does not exceed
50% of the lot area to a maximum of 1 ha;
c) storage areas shall be located at the rear of the lot and shall be
appropriately screened so as to not have a negative impact on
abutting properties and not be visible from the road frontage;
d) does not require modification of terrain, removal of trees, the
construction or use of buildings and structures;
e) is not a public nuisance due to noise, hours of operation, or traffic
generation;
f) does not require municipal services;
g) does not adversely impact any natural heritage features shown on
Map C;
h) does not jeopardize the orderly future development of the lands for
urban uses; and
i) other issues as may be required by the Municipality.
SUMMARY OF BY-LAWS
JANUARY 12, 2009
BY-LAWS
2009-001 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Gertrud Tomina) and to Repeal By-law 2008-168
(Approved by Council October 14, 2008)
2009-002 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 2009
2009-003 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(2154513 Ontario Inc. and 2143619 Ontario Inc.) (Item 2 of Report
#1)
2009-004 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Road Land Corporation & Paul Lysyk
Family Trust) (Item 7 of Report#11)
2009-005 Being a by-law to stop up and close as a public highway a portion
of road allowance and to authorize the conveyance of Part 3 on
Registered Plan 40R-25645 to Andy Meima (Item 9 of Report #1)
2009-006 Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington (Item 10 of-
Report#1)
2009-007 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)
2009-008 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford Contracting Limited,
Gormley, Ontario, to enter into agreement for the Beech Avenue
Reconstruction, Bowmanville, Ontario (Item 13 of Report#1)