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Home My WebLink About05/11/2009 \ J " J , { f " BiWf'giziug Ontariu ~c j DATE: MONDAY, MAY 11,2009 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 April 27, 2009 PRESENTATIONS There are no Presentations as of the time of Publication DELEGATIONS There are no Delegations as of the time of Publication COMMUNICATIONS Receive for Information I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 14, 2009 I - 2 Minutes of the Central Lake Ontario Conservation Authority dated April 21 , 2009 I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 17, 2009 1-4 M. Januszkiewicz, Director of Waste Management Services, Region of Durham - Release of Draft Interim Environmental Assessment (EA) Study Document CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - May 11,2009 1-5 Sandra Kranc, City Clerk, City of Oshawa - Region of Durham's Proposed Energy-From-Waste Facility I - 6 Carol Macey, Maria Kordas-Fraser, Patricia Horan, Sylvia Vanhaverbeke, Mary-Ann Kalutai - Objection to the Proposed Energy- From-Waste Facility I - 7 Association of Municipalities of Ontario (AMO) Member Communication Alert - Municipal Candidates Exempt from National Do Not Call List I - 8 Dr. Elaine Ho and Dr. Vincent Ho - Funding for Lakeridge Health Bowmanville 1-9 John R. O'Toole, MP, Durham - Camp 30 1-10 John R. O'Toole, MP, Durham - Economic Development in Clarington I - 11 P. M. Madill, Regional Clerk, Region of Durham - The Greater Toronto and Hamilton Area Transit Implementation Act. 2009 I - 12 P. M. Madill, Regional Clerk, Region of Durham - Quarterly Report on Planning Activities I - 13 P. M. Madill, Regional Clerk, Region of Durham - Annual Subdivision/Condominium Activity Report for 2008 I - 14 Lucille King, MPA, Director of Corporate Services/Town Clerk, Town of Aurora - Hospital Funding Capital Projects I - 15 Canadian Urban Institute issuing a Media Release/Communique - Benefits of Lifetime Neighbourhoods to Meet Needs of Aging Population I - 16 Harold Sellers, Executive Director, Oak Ridges Trail Association - Letter of Appreciation for Municipal Grant I - 17 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living - Letter of Appreciation for Municipal Grant I - 18 Hazel McCallion, Mayor, City of Mississauga - Health Care and Social Services Growth Plan for High Growth Communities in Ontario 1-19 John R. O'Toole, MPP, Durham - Kendal Crown Lands Council Agenda. - 3 - I - 20 Peter Simmons, Director, Municipal and Community Engagement, Nuclear Waste Management Organization - Discussion Document "Moving Forward Together: Designing the Process for Selecting a Site" I - 21 Douglas Allingham, Lakeridge Health Board Chair - Future of Services at Lakeridge Health Bowmanville Receive for Direction D - 1 M. Aileen Carroll, Minister Responsible for Seniors - Request for Proclamation of "Seniors' Month" D - 2 Jennifer Knox - Resignation from Clarington Heritage Committee D - 3 Gary Cole, District Master, West Durham District L.O.L. - Request for Proclamation of "Orange Week" D - 4 Alexander M. Lyall - Resignation from Clarington Traffic Management Advisory Committee and Road Watch D - 5 Liz Rootham, Director General, Community Development and Partnerships Directorate, Human Resources and Social Development Canada - 2009 Therese Casgrain Volunteer Award D - 6 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade - 48th Annual Community of Bowmanville Santa Claus Parade D - 7 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario - Request for Proclamation of "Spina Bifida and Hydrocephalus Awareness Month" D - 8 Colin Andersen, Chief Executive Officer, Ontario Power Authority- Energy Conservation Week D - 9 Kelly Knight - Petition to Address Speeding Concerns D - 10 Dr. David Fowler, Durham Church Network - Opportunity for Partnership D - 11 Douglas Cronk - Compensation for Elected Officials Appointed to Veridian Corporation Boards D - 12 Susan DaCosta - Issue of Remuneration for Elected Officials Appointed to Boards and Committees D - 13 Debi A. Wilcox, City Clerk, City of Pickering - Increasing Organ Donations - Saving Lives May 11 , 2009 Council Agenda - 4 - May 11,2009 D - 14 Peter White, President, Society of Professional Engineers and Associates (SPEA) - CANDU Support D - 15 Barb and Bob Cowie - Request for Extension to Move Sheds D - 16 Chris Darling, MCIP, RPP, Principal Planner, Region of Durham - Appointment of Citizen Representative to the Durham Trail Coordinating Committee D - 17 Denise Labelle-Gelinas, CMO, City Clerk, City of Cornwall - Provincial Harmonized Sales Tax COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of May 4, 2009 STAFF REPORT(S) 1. Report CAO-002-09 - Status of Energy-From-Waste Host Community Agreement Negotiation BUSINESS ARISING FROM NOTICE OF MOTION Moved by Mayor Abernethy, seconded by Councillor Trim "THAT the following Resolution #C-032-08 passed by Council on January 28, 2008 be rescinded: WHEREAS the Municipality of Clarington has requested that the Regions of Durham and York take forward two geographically distinct sites for analysis in the final stages of the EA on residual waste due to a garbage incinerator's impact on Clarington's airshed; the lack of site specific health studies and a lack of details regarding the technology; WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and Social Services Committee have raised similar concerns with the site selection process; WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of Environmental Values indicates that the Minister should take a precautionary approach especially where there is some uncertainty about the risk presented by particular pollutants; WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice for a garbage incinerator without knowing the technology or the specific health effects; WHEREAS the Region has not given due consideration to the concerns presented by the potential host community; Council Agenda - 5 - May 11,2009 WHEREAS the EA process is to find the best site for the incinerator and insufficient information has been provided to date to determine that the Courtice site is the best site; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is an unwilling host to the proposed DurhamIYork garbage incinerator and that a copy of this motion be forwarded to the Region of Durham and the Region of York and their constituent local municipalities, the Durham York Joint Waste Management Committee, the Ministry of the Environment and John O'Toole, MPP." UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT Q!J!ilJgton Council Meeting Minutes APRIL 27,2009 Minutes of a regular meeting of Council held on April 27, 2009, at 7:00 p.m., in the Council Chambers. Councillor Trim led the meeting in prayer. Prior to the start of the meeting, Mayor Abernethy acknowledged Soldier Darren Hann, a Clarington resident who recently returned home upon completion of his tour of duty. A moment of silence was held for Major Michelle Mendes and Trooper Karine Blais who lost their lives in Afghanistan. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome, attended until 9:20 p.m. 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 Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Hooper announced the following: . Maple Festival and All That Jazz will be held on Saturday, May 1, 2009, from 9:00 a.m. to 5:00 p.m. on King Street in downtown Bowmanville . The 3rd Annual Health Matters Wellness Expo for Older Adults was held at the Clarington Central Secondary School on Saturday, April 25, 2009 Council Meeting Minutes - 2 - April 27, 2009 · On Tuesday, April 21,2009, John Kiru, Toronto Association of Business Improvement Areas, presented an information session to local business owners on the Accessible Mainstreet Program to bring awareness to removing barriers in commercial areas . On Sunday, April 26, 2009, Clarington Tourism hosted a "Brochure Exchange" with many tourism partners in attendance Councillor Novak announced the following: . On April 21,2009, Ontario Power Generation held a Community Information Session on the OPG New Nuclear at Darlington . On April 22, 2009, she attended the Reaffirmation Ceremony to Celebrate Citizenship for Pathfinders held in the Council Chambers · On April 21,2009, Martha Rutherford-Conrad hosted a presentation on the History of Camp 30. This presentation will be made available to all Members of Council. Councillor Foster announced the following: · On Saturday, April 25, 2009, he assisted with litter pick up along Trulls Road and expressed appreciation to Fire and Emergency Services and the Courtice Lions Club . On May 1, 2009, the Rotary Club of Courtice will celebrate their ih Anniversary . On May 14, 2009, the Rotary Club of Courtice will be hosting the Paul Harris Fellowship Awards Dinner. Dan Carter will be the Guest Speaker. Councillor Trim announced that he attended the St. Andrew's Presbyterian Church 175th Anniversary Dinner on Saturday, April 25, 2009. Councillor Woo announced the Visual Arts Centre of Clarington is hosting a Wall to Wall Fundraising Event - "Sweepstakes for Cheapskates" on May 1,2009. Sixty Tickets will be sold and each ticket holder is guaranteed to take home an original work of art. Mayor Abernethy announced that on Saturday, April 25, 2009, he attended the Chamber of Commerce Awards in Port Hope. Mayor Abernethy read a press release issued today by the Region of Durham Health Department regarding the Swine Flu. The Health Department advises that there are no confirmed cases of swine flu in the Region and issued a reminder of the importance of practicing good hygiene to help control the spread of germs. The Region continues to monitor the situation. Council Meeting Minutes - 3 - April 27, 2009 Resolution #C-224-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, be added to the Presentation Section of the Agenda. "CARRIED" Mayor Abernethy advised that Tim Funchion, delegation (c) listed in the Draft List of Delegations would not be addressing Council at tonight's meeting and that additional Correspondence Items D - 26 and D - 27 were added to the Agenda. MINUTES Resolution #C-225-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 6, 2009, be approved. "CARRIED" PRESENTATIONS Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC) and Candice Kay, Co-Chair, CRC addressed Council to present the Committee's 2008 Annual Report, a copy of which was provided to Members of Council with the Council Agenda. Ms. Gies reviewed the purpose of the Committee in providing an opportunity for dialogue and relationship-building between the community and St. Marys Cement Company and the Committee's mandate to review and refine procedures for reporting concerns and mitigating impacts resulting from St. Marys Cement Company operations. She advised the Committee, comprised of representatives from the Port Darlington Community Association, the Wilmot Creek Residents Association, the Municipality of Clarington, St. Marys Cement, and a staff member of the Ministry of the Environment who acts as a technical resource, was established ten years ago and meet on a quarterly basis to discuss docking procedures and monitoring protocol, dust monitoring, emissions, and data from off-site blast air and ground vibration monitoring statistics. Ms. Gies noted complaints related to St. Marys operations have declined significantly since 2002 and the Committee is working effectively in ensuring opportunity for information sharing and dialogue between St. Marys and its neighbours and recommends that the Committee continue to meet on a quarterly basis. Council Meeting Minutes - 4 - April 27, 2009 Candice Kay, Human Resources Manager, St. Marys Cement, introduced Ruben Plaza, Environmental Manager and Michael Smith, Quarry Manager. Through use of a PowerPoint presentation, Mr. Plaza highlighted Environmental Awards achieved from the North America Cement Industry for environmental performance, energy efficiency and land stewardship, receipt of the 2007 Business of the year for Green Initiatives from the Clarington Board of Trade and award of the 2007 CIPEC Canadian Industry Program for Energy Conservation Leadership Award/Employee Awareness and Training Award. Mr. Plaza highlighted the West Side Marsh Reconfiguration project, outlined results in the reduction of S02 and NOx emissions and advised of the formation of the E=MC2 Energy Management Conservation Committee, an initiative started in 2006 to develop and structure a program to reduce and/or save energy. Mr. Plaza noted in 2008, there were nine complaints, one plume, one blast and seven dust complaints. Mr. Smith reviewed ground and air vibration reports noting there were two ground vibrations and one air vibration that exceeded the limits and indicating the total number of blasting concerns has been significantly reduced. Ms. Kay advised St. Marys held their fourth Open House in September, 2008 and also celebrated 40 years of business in the Municipality of Clarington. Over 750 visitors from Clarington and surrounding areas attended the open house. She also advised that St. Marys Cement supports over 20 different local charities, events and sporting teams. Ms. Kay concluded that St. Marys is committed to reducing stack emissions, to maintaining continuous improvement practices in the area of the quarry and blasting, and to work with local charities. Dave McCauley, Director, Uranium and Radioactive Waste Division, Natural Resources Canada (NRCan) and Marie-Pierre Grondin, Environmental Assessment Officer, Canadian Nuclear Safety Commission (CNSC) addressed Council concerning the Port Granby Project: Release of the Draft Environmental Screening Report. Through use of a PowerPoint presentation, Mr. McCauley outlined the purpose of the screening report and its place in the environmental process, reviewed conclusions of the Draft Screening Report, next steps in the process and long-term actions. Mr. McCauley stated the screening report contains the conclusions of Natural Resources Canada and the Canadian Nuclear Safety Commission on the Port Granby Environmental Assessment, following review and analysis of the Low-Level Radioactive Waste Management Office's Port Granby Environmental Assessment Study Report. Mr. McCauley highlighted the contents of the screening report and key findings advising that in four of seven environmental components examined, no residual adverse environmental effects are predicted after mitigation. Minor residual adverse environmental effects are predicted in the socio-economic environment, human health and safety considerations and aboriginal interests. Mr. McCauley reviewed elements of the Follow-up Program, the key link between the Environmental Assessment and effective project implementation noting that the CNSC will lead on most activities as they relate to the biophysical environment and health and safety and NRCan will lead on activities relating to the socio-economic environment. Council Meeting Minutes - 5 - April 27, 2009 Mr. McCauley advised the Draft Screening Report will be released on May 4,2009, open houses will be held on May 27,2009 at the Newtonville Town Hall at 2:30 p.m. and 7:00 p.m. He noted the deadline for comment is June 17,2009, and encouraged the Municipality and members of the public to comment, as all comments will be placed on the Public Registry and will be considered in the decision-making process. Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, addressed Council to provide an update following the fourth meeting of the Energy-From-Waste Site Liaison Committee meeting held on April 8, 2009. He advised the meeting was called to finish business from the previous meeting and that no new information was presented. Site specific reports presented at the March 4, 2009 meeting were accepted as presented and included the Draft Natural Environment Impact Assessment, Draft Geotechnical Investigation, Draft Stage 2 Archaeological Assessment and Built Heritage and Draft Environmental Baseline Study. Mr. Walli noted further discussion took place on the Final Report - Review of International Best Practices of Environmental Surveillance for Energy-From-Waste Facilities and a motion was adopted to accept the report with provision that further recommendations be made with regard to environmental, air surveillance and biomonitoring as required at a future date. Mr. Wall; advised of a significant Committee recommendation to host one more Public Information Session noting if the Joint Waste Management Group (JWMG) does not permit the additional session that the Site Liaison Committee be permitted to host the session at their next meeting at a location to be determined. Mr. Walli advised that he has not had a response from the JWMG to date. DELEGATIONS Allan Kirby, President and Deborah Leslie, Director, Newcastle & Village District Historical Society, addressed Council concerning Correspondence Item D - 1 - Request for Architectural Heritage Policy. A video clip of the Village of Newcastle was shown depicting sites of historical architecture in the village reinforcing the community's appreciation and commitment to maintaining the historical architecture. Deborah Leslie summarized by stating the Society acknowledges the expansion of new investment in the downtown core and would like to see the municipality strongly encourage new development to embrace the past heritage that the residents of Newcastle are so proud of and would like to see a unifying heritage theme and marketing plan for Newcastle's downtown. She stated the Society believes that maintaining the architectural heritage would enhance the economic survival of the village and referenced other local communities such as Port Hope, Cobourg and Port Perry that have proven that modern efficiencies can be achieved while maintaining historic architecture. She urged Council to put a policy in place that will respect and protect the architectural heritage of Newcastle. Deborah Leslie introduced Myno VanDyk and Marion Saunders, Board Members also in attendance. Council Meeting Minutes - 6 - April 27, 2009 Danny Deal and Rafael Karski, Youth Advisory Committee, St. Therese Parish addressed Council concerning Correspondence Item D - 15 - SONfest Conference/Festival. Mr. Karski and Mr. Deal advised they are two of the many young people preparing for the three-day outdoor festival and conference to be held on August 13 to 16 at Holy Trinity Catholic Secondary School. SONfest is modeled after World Youth Day and provides an opportunity for youth and young adults to get "Spirit Filled and Fired Up" with music, keynote speakers, peer discussions and various devotions and liturgies of the Church. They anticipate 200 to 250 young people will participate. In reviewing By-law 2007-071, they noticed that timing of certain activities will not be in compliance with the by-law and were requesting an exemption to the by- law with respect to the 11 :00 p.m. noise curfew and the restrictions prior to 10:00 a.m. on Sunday morning. They confirmed that SONfest Committee members will be distributing flyers to all homes in the area and inviting them to be part of the event. An information package on SONfest was distributed to all Members of Council. Robert Walraven addressed Council concerning Item 1 of Unfinished Business - regarding the request for a street party on Morgandale Cres. to be reconsidered. Mr. Walraven advised he provided insurance endorsement and submitted a petition to Ron Baker, Engineering Services Department signed by homeowners of all 26 homes on Morgandale Crescent in support of the party going forward, with one homeowner providing conditional approval. Mr. Walraven stated the neighbours want to impress small town community values where they know each other and children feel safe, noting that is the reason the idea of the party was first discussed. He stated the specific road closure is to protect their families and children and to have drivers slow down. He noted the organizers were made aware of Council's concerns and are not promoting drinking on the street and will inform their guests of their expectations. Mr. Walraven confirmed that the initial figure of attendees was a ballpark figure of 25 households with 4 participants and guests and noted that this figure would include children. He further confirmed that music will end by 11 :00 p.m. Mr. Walraven hoped this gathering would be the first of many and they wanted to do it legally and for it to be a benefit to the community. Resolution #C-226-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 8:44 p.m. Council Meeting Minutes - 7 - April 27, 2009 COMMUNICATIONS Resolution #C-227 -09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 4, I - 5, I - 8, I - 12, I - 15 and I - 16. "CARRI ED" I - 1 Minutes of the Tyrone Community Centre Hall Board dated March 18, 2009. 1-2 Minutes of the Clarington Traffic Management Advisory Committee dated March 19, 2009. 1-3 Minutes of the Clarington Heritage Committee dated March 17,2009. I - 6 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 23, 2009, the City of Pickering adopted the following resolution pertaining to the Region of Durham's Growth Implementation Study - Proposed Amendment to the Regional Official Plan: "1. THAT Report PD 13-09 of the Director, Planning & Development, regarding the Region of Durham's Proposed Amendment to the Durham Regional Official Plan to incorporate recommendations of the Region of Durham's Growth Plan Implementation Study, and to incorporate Food Security Principles be received; 2. THAT the comments contained in Report PD 13-09 on the Proposed Amendment to the Regional Official Plan to implement the Region of Durham Growth Plan Implementation Study be endorsed, and that Council request the Region to incorporate the following changes: a) the land use structure as shown on Exhibit 4 to the proposed Amendment and provided as Appendix I to Report PD 13-09 be revised as follows: i) replace the Regional Centre designation with a new Urban Growth Centre designation for downtown Pickering; ii) designate a Future Regional Centre designation, at Salem Road and the Seventh Concession Road in northeast Pickering; Council Meeting Minutes - 8 - April 27, 2009 iii) delete the Regional Corridor overlay along Taunton Road and delete the Living Area designation on lands located between Taunton Road and the C.P. Rail line within the Duffin Heights Neighbourhood; and iv) add the Regional Corridor overlay along Brock Road between the Highway 401 interchange and Bayly Street; b) the transit priority network as shown on Exhibit 8 to the proposed Amendment and provided as Appendix II to Report PD 13-09 be revised as follows: i) replace the future commuter station symbol with a transportation hub symbol for the GO Train Station in Seaton; and c) the detailed comments and revisions to the policies of the proposed Amendment provided as Appendix III to Report PD 13-09 be incorporated into the final Amendment to the Regional Official Plan; 3. THAT Council support the Region's commitment to undertake the Infrastructure and Fiscal Analysis to address infrastructure, transit and servicing costs relating to new urban areas identified on Exhibit 4 to the Region's proposed Amendment and provided as Attachment #3 to Report PD 13-09. 4. THAT Council request the Ministry of Energy and Infrastructure to extend the required Growth Plan Conformity submission deadline by one year, from June 16, 2009 to June 16, 2010 for the City of Pickering; 5. The Region, in discussions with City staff, will clarify the population and employment figures, along with the ratio of population to employment in Northeast Pickering, Seaton and the existing Pickering urban area, including separate figures for the corridors and the urban growth centre, including the airport and non-airport employment figures; 6. THAT the Region of Durham be advised that the Council of the City of Pickering hereby reconfirms its position that it does not support a Pickering airport and that any growth assumptions of the study should not be based on the introduction of an airport; and 7. FURTHER, THAT a copy of Report PD 13-09 and Pickering Council's resolution on the matter be forwarded to the Region of Durham, other Durham Area Municipalities, the Ministry of Energy and Infrastructure, the Ministry of Municipal Affairs and Housing, and the Ministry of Transportation." Council Meeting Minutes - 9 - April 27, 2009 1-7 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to Mike Parkes, Cabinet Liaison & Strategic Policy Coordinator, Strategic Policy and Research Branch, advising that on March 30, 2009, the Town of Whitby adopted the following resolution pertaining to Bill 150, The Green Enerqy and Green Economy Act, 2009: "1. THAT Planning Report, Item PL 29-09 be received as information; 2. THAT the comments contained in Planning Report, Item PL 29-09 be endorsed by the Planning and Development Committee and Council as the Town of Whitby's comments on Bill 150, The Green Enerqy and Green Economy Act, 2009; 3. THAT a copy of Planning Report, Item PL 29-09 be submitted to the Cabinet Liaison & Strategic Policy Coordinator at the Ministry of Energy; and the Clerk of the Standing Committee on General Government; and, 4. THAT a copy of Planning Report, Item PL 29-09 be circulated to the Clerk of the Region of Durham, the area municipalities, Christine Elliott, MPP, and the Environmental Commissioner of Ontario." 1-9 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier and Minister of Research and Innovation, advising that on April 1 ,2009, Regional Council adopted the following resolution pertaining to the Central East LHIN Hospital Clinical Services Plan: "a) THAT the comments listed in clause 9 of Report #2009-MOH-08 of the Commissioner & Medical Officer of Health, be adopted as the Region's position on the Central East LHIN's Hospital Clinical Services Plan (CSP); b ) THAT the Region be invited to participate in any future clinical services integration project for which it is likely that Regional operations and finances may be impacted; and c) THAT the Premier of Ontario, Minister of Health and Long-Term Care, Durham's MPPs, Area Municipalities, and the Chair and CEO of the Central East LHIN be so advised." 1- 10 Gabrielle Bell, Hall Administrator, Newcastle Community Hall, extending appreciation to Council and staff for providing a grant in the amount of $13,000 to fund operating the Newcastle Community Hall. Council Meeting Minutes - 10- April 27, 2009 1- 11 Michael Angemeer, President and CEO, Veridian Corporation, advising of a resolution adopted by the City of Oshawa on April 6, 2009, recommending that the City of Oshawa register with 'Project Get Ready' and that the Oshawa PUC partner with Veridian Corporation to make this project go forward. I - 13 Martha Pettit, Deputy Clerk, Town of Whitby, writing to the Regional Municipality of Durham, advising that on March 30, 2009, the Town of Whitby adopted the following resolution pertaining to the 2009 Compost Giveaway Event: "1. THAT Council approve the Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on April 18, 2009; 2. THAT Council approve a Departmental initiative allowing staff to accept non-perishable food during the Compost Giveaway; and, 3. THAT a copy of Public Works Department Report, Item PW 11-09 regarding the '2009 Compost Giveaway' event be forwarded to the Region of Durham and the Area Municipalities." I - 14 P. Madill, Regional Clerk, Region of Durham, advising Council that on April 1, 2009, The Region of Durham adopted the following resolution pertaining to the Waste Diversion Act Review: "a) THAT the Regional Municipality of Durham support, in principle, proposed changes to the Waste Diversion Act with the inclusions of: i) A policy statement recognizing reduction, reuse, recycling and recovery as the waste diversion hierarchy; ii) Recovery of energy as a part of a fully integrated waste management system; iii) Recognition of the need for Extended Producer Responsibility funding for all materials that are handled by municipalities as part of their integrated waste management systems, not just Blue Box recyclables; iv) Recognition of the need for diversified service delivery models among Ontario municipalities and the ability for municipalities to retain control over their Blue Box recycling service levels; Council Meeting Minutes - 11 - April 27, 2009 v) Mechanisms to require stewardship fees in the cost of manufactured goods and to make them transparent to consumers in the price of goods to help them make more educated purchasing decisions; vi) Clear definitions for 'first importers' and 'Extended Producer Responsibility'; vii) Enforcement of existing provincial waste diversion regulations and new policies to ensure full compliance of the Industrial, Commercial and Institutional sectors with the 4R's; viii) Recognition of the need for more engaging discussions with Ontario municipalities on implementation options for proposed initiatives; ix) Consideration be given to make 'orphaned' waste eligible for Waste Diversion Ontario funding; b ) THAT comments provided by staff regarding proposed changes to the Waste Diversion Act be forwarded to the Ministry of the Environment for their consideration in advance of the April 1, 2009 comment deadline; and c) THAT a copy of Report No. 2009-WR-2 of the Commissioner of Works be forwarded as information to the Clerks of each of the Area Municipalities." I - 17 Marilyn Pearce, Mayor, Township of Scugog, forwarding a copy of the Township of Scugog's 2008 Progress Report highlighting the Township's achievements of 2008 and goals for 2009. I - 18 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) G. Ward b) George Court Council Meeting Minutes - 12 - April 27, 2009 I - 19 Association of Municipalities of Ontario (AMO) Member Communication dated April 17, 2009, advising that the Honourable John Gerretsen, Minister of the Environment, has approved the Used Tires Program Plan, a program promoting 3Rs end-uses for scrap tires to be implemented by September 1,2009. One of the core elements of the Program is the elimination of the approximate 2.8 million scrap tires currently sitting in stockpiles across the Province. For municipalities interested in providing collection services for used tires, the Ontario Tire Stewardship will provide registered Collectors with a Used Tire Collection Allowance of $0.88 per PUT tire and $3.05 per medium truck and off-the-road tires. I - 20 Shelley Molica, Treasurer, Clarington East Food Bank, expressing appreciation to the Municipality for the generous grant of $5000, which will assist the organization in helping to meet the needs of those in the community who are suffering during these uncertain economic times. I - 4 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc., announcing that Veridian customers showed their commitment to energy conservation on Saturday, March 28, 2009, in recognition of Earth Hour and reduced energy consumption by approximately 10.5 megawatts; and, indicating that the Municipality of Clarington registered the greatest impact with a reduction of 5.6% and achieved the largest Earth Hour savings amongst communities served by Veridian for the second year in a row. Resolution #C-228-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 4 from George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc. with respect to Earth Hour energy savings be received for information. "CARRIED" 1-5 Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc., forwarding copies of the Transportation Environmental Study Report Addendum for the Highway 35 Four-Lane Planning and Preliminary Design Study Class Environmental Assessment, Group '8' Project from 0.5 km south of Regional Road 20 northerly to 2.4 km south of Highway 7 for a 30-day public review period ending May 13, 2009. The TESR Addendum can also be downloaded from the project website at http://hiqhwav35.planninqstudv.on.ca. Council Meeting Minutes - 13 - April 27, 2009 Resolution #C-229-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item 1- 5 from Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc. with respect to the Transportation Environmental Study Report Addendum for the Highway 35 Four-Lane Planning and Preliminary Design Study Class Environmental Assessment, Group "B' Project, be received for information. "CARRIED" I - 8 P. Madill, Regional Clerk, Region of Durham, writing to Foster Loucks, Chair, Central East Local Health Integration Network, advising that on April 1, 2009, Regional Council adopted the following resolution pertaining to Durham's Healthcare System: "a) THAT in order to improve political oversight of any future hospital foundation financial assistance requests the Region extend an invitation to the Chairs and/or CEO's of the Central East Local Health Integration Network (LHIN) and local hospital corporations whose foundations are planning to/have requested Regional financial assistance to attend at least on an annual basis a meeting of the Health & Social Services Committee or Joint Finance & Administration and Health & Social Services Committee to address such matters as the Integrated Health Services Plan, Clinical Services Plan, Hospital Annual Planning Submission/Hospital Service Accountability Agreement, and any hospital related realignment issues; and b ) THAT the Regional Chair recommend to the Chairs of the Central East LHIN and local hospital corporations whose foundations are planning to/have requested Regional financial assistance, that their governing statutes/by-laws be amended to permit Regional Council to appoint at least one representative to sit on their governing bodies and in the interim, to attend any and all meetings of such bodies and any committees, thereof, of relevance to the Region, in consultation with the Commissioner & Medical Officer of Health and/or Commissioner of Finance; and c ) THAT Regional and Local Councillors and relevant staffs be encouraged to attend the 2009 May Symposium sponsored by the Central East LHIN, and be encouraged to report back and recommend whether annual Regional/Municipal attendance at such symposia is of value in terms of networking and gaining a greater understanding of Durham's healthcare system." Council Meeting Minutes - 14 - April 27, 2009 Resolution #C-230-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Region of Durham with respect to Durham's Healthcare System be endorsed. "CARRIED" 1-12 John R. O'Toole, MPP, Durham, writing to the Honourable David Caplan, Minister of Health and Long-Term Care, expressing disappointment that public input into the Central East Local Health Integration Network's Clinical Services Plan, has not provided opportunities for direct input through public meetings and has focused on electronic consultation making it difficult for all citizens to participate; acknowledging that a meeting was held on March 9th but appeared to have been for invited stakeholders; advising that ' Municipalities in Durham support the principle of public meetings on the Clinical Services Plan "through the length and breadth of the LHIN"; and, requesting that the Central East LHIN extend the time for comment and hold public meetings into the Plan in a broad cross section of communities served by the Central East LHIN. Resolution #C-231-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the Council of the Municipality of Clarington endorse the position of John O'Toole, MPP, Durham in requesting the Central East LHIN to extend the time for comment and hold public meetings into the Plan in a broad cross section of communities served by the Central East LHIN. "CARRI ED" I - 15 Michael Patrick, President, Clarington Board of Trade, writing to Roger Anderson, Regional Chair, Regional Municipality of Durham, forwarding a copy of Council's resolution endorsing the Municipality of Clarington's comments on the Growth Plan Implementation - Proposed Amendment to the Regional Official Plan; and, advising that the Board of Trade supports the resolution and the request for additional employment lands to meet employment and growth targets. Council Meeting Minutes - 15 - April 27, 2009 Resolution #C-232-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 15 from Michael Patrick, President, Clarington Board of Trade endorsing the Municipality of Clarington's comments on the Growth Plan Implementation - Proposed Amendment to the Regional Official Plan, be received for information; and THAT Council acknowledge, with thanks, the Board of Trade's support of the Municipality's comments on the Growth Plan Implementation. "CARRIED" I - 16 Lloyd Elliott, Political Affairs Committee Chair and B. Cail Maclean, Executive Officer, Durham Region Association of Realtors, advising that the Association, representing 891 realtors throughout Durham Region, believe that local governments would benefit from knowledgeable, constructive input from active real estate professionals and that members of the Association are volunteering to sit on Municipal Committees of interest to the real estate industry; and, the Association hopes that local municipalities will bring any issues of interest to the real estate industry to their attention, to strengthen the political liaison with municipal representatives and demonstrate that Realtors can supply solutions to real estate problems and improve community life. Resolution #C-233-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Political Affairs Committee of the Durham Region Association of Realtors be advised of the process for appointments to Boards and Committees and of future Committee vacancies, as appropriate. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 26 and D - 27 were received as handouts. Council Meeting Minutes - 16 - April 27, 2009 Resolution #C-234-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 14 and hand-out items D - 26 and D - 27 be approved as per the agenda. "CARRIED" D - 1 Allan Kirby, President, Newcastle and Village District Historical Society, advising residents of the Village of Newcastle identify with the richness and heritage exemplified by the architecture of several buildings that lie in the heart of the village, indicating that a number of smaller businesses are attempting to maintain this theme and recognize the architectural principle as a value added ingredient to the success of their businesses and the success of the community as a whole; expressing concern that without a clear policy in place supporting the cultural heritage of the community investors are free to ignore the community's interests; and, requesting Council to adopt a policy to protect the architectural heritage of the Village of Newcastle. (Correspondence referred to the Director of Planning Services) D - 2 Michael Chan, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2009, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry's website at www.ontario.ca/honoursandawards. The deadline for submission is May 31,2009. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) Council Meeting Minutes - 17 - April 27, 2009 D - 3 The Honourable George Smitherman, Deputy Premier, Minister of Energy and Infrastructure, advising of the deadline of June 16,2009, for municipalities to amend their Official Plans to conform with the policies in the Growth Plan for the Greater Golden Horseshoe; recognizing that lower-tier municipalities require certain planning work to be done by upper-tier municipalities before they can complete their own conformity amendments; and, indicating that he is prepared to consider an extension of no more than one year for lower-tier municipalities to bring their plans into conformity subject to certain requirements. (Correspondence referred to the Director of Planning Services) D - 4 Correspondence has been received from the following individuals/groups in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; and, requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations and as a tribute to Canada's essential part of the war effort: a) Stephen Burns b ) Terry Myles c) Aaron Wickens, also forwarding link to on-line petition - http://www.thepetitionsite.com/petitio n/908395226 d) Nicole Belej-Corrigan e) David P. Lockwood USSF (Ret.) f) Dennis Brocklebank (Correspondence referred to the Director of Planning Services) D - 5 Doris Hills expressing concern with the proposed changes to the delivery of health care in Durham and the impact on the Clarington community; advising the complexity of medical and surgical problems within the community serviced by Lakeridge Health Bowmanville requires on-site coverage by Internal Medicine and Surgical Specialists, to maintain a viable hospital and to ensure the efficient delivery of safe and effective care, it is essential that these services are enhanced, not eroded; expressing concern that the lack of on-site specialists in internal medicine will lead to the closure of the Special Care Unit, reduction in treatment options for Clarington Council Meeting Minutes - 18 - April 27, 2009 and to the eventual closure of the hospital; that the uncertainty of the situation will further diminish the ability of Clarington to attract and/or retain quality physicians, nurses and professionals to attend to the current needs of the community; and, urging the public to speak out to all levels of government representation to ensure they are made aware of the current health care crisis facing Clarington and of the long-term effects that the erosion of local hospital services will have on the health and economic wellbeing of the Municipality: (That Doris Hills be thanked for her letter of support pertaining to Lakeridge Health Bowmanville; and, that the correspondence be referred to all MPP's in Durham Region, to Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors of Central East Local Health Integration Network (LHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care) D - 6 Alexandra Mirowski forwarding a petition containing 240 signatures requesting the establishment of a recycling pick-up program for the businesses in the Waverley Plaza in an effort to reduce the amount of recycled material being placed in refuse containers and to assist the businesses in responsibly and effectively recycling their excess materials. (Correspondence referred to the Region of Durham) D - 7 Sally Barrie, Administrator, Community Care Durham - Clarington, requesting June 4, 5 and 6, 2009, be proclaimed as "Community Care Tag Days" in support of fundraising efforts to assist Community Care programs. (Proclaimed and tag days for June 4, 5 and 6, 2009, approved) Council Meeting Minutes - 19 - April 27, 2009 D - 8 Steve Shanks and Murray Walton, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs on Sunday, May 31,2009, a pet-friendly, family walk to raise funds to help raise, train and provide Dog Guides to serve Canadians with disabilities; outlining the 4.5 km route starting at Holy Trinity Catholic Secondary School offering sidewalk access to the anticipated 40 walkers and ten volunteers; indicating that liability insurance in the amount of $2,000,000 has been secured; and inviting Members of Council and staff to participate in the walk and to pre-register at www.purinawalkfordoQQuides.com. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Louisa Cantelon, Co-Founder & National Director, Events, Coast to Coast Against Cancer Foundation, advising of the Sears National Kids Cancer Ride, a cross-Canada cycling event to raise awareness and financial support for childhood cancer; requesting permission to use sections of municipal roadways through Bowmanville and Newcastle; and, advising that no roads will be closed, police escorts are being arranged and all applicable municipalities in Durham Region are being named as a additional insured on their liability insurance. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 10 David Staples, Parade Chairman, Durham Central Fair (Orono) requesting permission to hold the Elementary School Parade on Friday, September 11,2009, and Fair Parade on Saturday, September 12, 2009, in association with the Durham Central Fair (Orono); forwarding route maps, including start and finish times; advising there will be approximately 60 parade items ranging from floats, bands, vintage autos, tractors and decorated bikes; and, advising that proof of $2,000,000 liability insurance will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes D - 11 D - 12 D - 13 D - 14 - 20 - April 27, 2009 Frank W. Smith, CEO, Pegasus Global Group, expressing concern with the increased density, lack of compatible designs and substandard materials in the new Kylemore development at the Port of Newcastle; questioning how the property of the Former Camp 30 became part of the holdings of the Kaitlin Group and expressing concern with the potential demolition of the site; advising he is looking to locate a new plant for one of his companies in the area and requested a reason as to why he should do business in Clarington. (Correspondence referred to the Director of Planning Services) D. L. Cullingworth, Secretary, Newcastle - Bond Head Ratepayers Association, requesting Municipal Law Enforcement staff make a concerted effort in enforcing the Newcastle and Bond Head parking restrictions, particularly on King Avenue. (Correspondence referred to the Municipal Clerk) Brad Savage, forwarding correspondence in support of the application by Caledon Propane to expand its' service yard to include land to the north of the current location on the west side of Port Darlington Road. Mr. Savage supports the application on several grounds including potential safety issues on the existing site, the derelict condition of the proposed expansion site, the potential for job security and creation and support of Caledon Propane as a local business and good neighbour who supports local activities and contributes crucial business taxes to the municipality. (Correspondence referred to the Director of Planning Services) The Honourable Jim Prentice, P.C., Q.C., M.P., Minister of the Environment, responding to Council's request for protection and designation of Camp 30 in Bowmanville as a site of national historic significance; advising that the Ministry designates places, people and events of significance on the recommendation of the Historic Sites and Monuments Board of Canada (HSMBC), the advisory body on historical matters; advising that the designation as a natural historic site does not constitute protection as these matters are the responsibility of the provinces under their respective heritage legislation; the activities and mandate of the HSMBC are Council Meeting Minutes - 21 - April 27, 2009 described on the Parks Canada Website at www.Pc.qc.ca/clmhc- hsmbc/index E.asp; and, suggesting that if after reviewing the website the municipality wishes to submit an application, including the owner's consent to proceed with an evaluation of the property, it should be directed to Julie Dompierre, Executive Secretary of the Board. (Correspondence referred to the Director of Planning Services) D - 26 Vic Suppan, Chair, Heritage Advisory Committee, advising that the Committee is in support of adding the properties located at 33 King Street West, Bowmanville and 19-1/2 and 21-23 King Street West, Bowmanville to the Municipal Registry as properties of cultural heritage value or interest. By adding the properties to the Registry, the Municipality identifies and recognizes that these properties contain cultural heritage significance and, since the Registry is a public document, all who are concerned about the property become aware of its heritage significance. The only restriction placed on the property is that to demolish a building will require the applicant to apply directly to Council with at least 60 days notice. This assures time to determine if the loss of the heritage asset and replacement with something new enhances the quality of life in our community. (To advise of actions taken with respect to Report #PSD-040-09) D - 27 Sue DaCosta, Secretary, Orono Town Hall Board, advising of the Board's intention to apply for Federal grant funding to assist with much-needed renovations to the washroom facilities at the Orono Town Hall; requesting a letter of agreement and support from the Municipality as owner of the building required as part of the application process; advising that should the Board not be successful in the Federal grant application, they are prepared to fundraise to have the renovations completed as they are losing rentals because of the condition of the washrooms. The deadline for the Federal funding application is May 4, 2009. (Correspondence referred to the Director of Operations) Council Meeting Minutes - 22 - April 27, 2009 D - 15 Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Therese Parish, advising of the 6th Annual SONfest, a Catholic Youth conference/festival for youth and young adults of the Peterborough Diocese to be held August 13 to 16, 2009, at Holy Trinity Catholic Secondary School; indicating 250 to 300 young people are expected to attend and participate in various programs and social activities; requesting to be notified of any permit requirements; and, requesting an exemption to By-law 2007-071 with respect to the noise curfew. Resolution #C-235-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 15 from Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Therese Parish requesting an exemption to Section 3.1 of By- law 2007-0071 be approved, with conditions as set out in their presentation. "MOTION WITHDRAWN LATER IN THE MEETING" Resolution #C-236-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the foregoing Resolution #C-235-09 be amended to extend the curfew until 12:00 midnight on Saturday until 8:00 a.m. on Sunday. (SEE FOLLOWING MOTION) Resolution #C-235-09 was subsequently withdrawn. Resolution #C-237 -09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 15 from Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Therese Parish requesting an exemption to Section 3.1 of By- law 2007-0071, be referred to the Municipal Clerk. "CARRIED" D - 16 Rosemary Davies, expressing concern with the increase in municipal property taxes; questioning what Council intends to do to lower property taxes for 2010; and suggesting that employee expense accounts be reduced, wages be frozen for the next seven years and that all perks, meals and lodging at the tax payer's expense be discontinued. Council Meeting Minutes - 23 - April 27, 2009 Resolution #C-238-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 16 from Rosemary Davies expressing concern with the increase in municipal property taxes, be received for information. "CARRIED" D - 17 Allan Hewitt, Chair, Clarington Public Library Board, expressing concern that Canada Post is not guaranteeing support of the Library Book Rate, a reduced postal rate that libraries in Canada have used to support and encourage the sharing of taxpayer-funded library books and to help to ensure that all Canadians have equal access to information regardless of their location, age or ability; advising that on March 25, 2009, the Clarington Public Library Board directed staff to advise Merv Tweed, Member of Parliament, of the Board's support of Bill C-322, a bill that will protect and support the Library Book Rate and extend it to include audiovisual materials; and, requesting Council's endorsement of Bill C-322. Resolution #C-239-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Council of the Municipality of Clarington endorse Bill C-322, a bill to protect and support the Canada Post Library Book Rate and to extend the rate to include audiovisual materials. "CARRI ED" D - 18 Alice Grottoli, Communications Coordinator, Community Connection, writing further to Council's resolution of February 9, 2009, receiving for information Community Connection's correspondence requesting Council's consent in providing 211 service to telephone subscribers in the shared Garden Hill telephone exchange (797) and to the delegation of Cathy Gowland and Alice Grottoli to the General Purpose and Administration Committee on April 6, 2009, highlighting the value of the 211 service; acknowledging that the passing of the proposed resolution will provide only access to 211 by a limited number of Clarington residents; however, Council approval will allow another milestone to be reached in the objective to provide 211 access for all Ontario by 2011; and, requesting as per the CRTC ruling, a formal resolution of Council for the endorsement of the information and referral services provider for the areas to be served. Council Meeting Minutes - 24 - April 27, 2009 Resolution #C-240-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Resolution #C-062-09 be reconsidered. "MOTION LOST" D - 19 Linda Van Alstine, Clerk, Tay Valley Township, advising of the Ministry of Natural Resources' implementation of a limit on sunfish and the devastating effects the newly imposed limit has had on local tourism and on the livelihood of every business owner whose success depends on the tourism industry; advising that due to public outcry the Ministry has rescinded the limit, passed a variation order and mandated that a Zone Fishery Council be formed to provide advice and recommendations on sunfish and perch management for implementation in 2010; and requesting that Council endorse the following resolution and that a letter of support be forwarded to the Ministry of Natural Resources and copied to the Township of Tay: "We the Council of Tay Valley Township respectfully request that the MNR Fishery Council of Zone 18 postpone implementing any limit on sunfish until further studies have been conducted to find out what the effects of a larger pan fish population could have on our Walleye and Bass. And further implement the involvement of the Ministry of Tourism to conduct a study to find out what type of impact a pan fish limit will have on the American tourism industry. We request that the pan fish regulation stay status quo." Resolution #C-241-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolution from the Township of Tay Valley with respect to a pan fish regulation be received for information. "CARRI ED" D - 20 John Bate, Chair, Abandoned Cemeteries Board, advising Council that on April 4, 2009, the Abandoned Cemeteries Board adopted the following resolution pertaining to Bill 149 - Inactive Cemeteries Protection Act, 2009: "THAT the Council of the Municipality of Clarington be requested to endorse the following resolution: Council Meeting Minutes - 25- April 27, 2009 'WHEREAS Ontario's cemeteries are an important part of our cultural heritage; AND WHEREAS Ontario's inactive cemeteries are constantly at risk of closure and removal; AND WHEREAS Ontario's cemeteries are an irreplaceable part of the province's cultural heritage; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington hereby petitions the Legislative Assembly of Ontario to pass Bill 149, Inactive Cemeteries Protection Act, 2009, to prohibit the relocation of inactive cemeteries in the Province of Ontario'." Resolution #C-242-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Abandoned Cemeteries Board with respect to Bill 149 - Inactive Cemeteries Protection Act. 2009 be referred to the Municipal Clerk. "CARRIED" D - 21 Marolyn Morrison, Mayor, Town of Caledon, and Chair, Greater Toronto Countryside Mayors Alliance, writing to Chair Allen Taylor, Rural Ontario Municipalities Association, advising that on January 16, 2009, the Greater Toronto Countryside Mayors Alliance adopted the following resolution pertaining to the increase in natural wildlife and predators: "WHEREAS the Greater Toronto Countryside Mayors Alliance resolve that, as a result of the increase in natural wildlife and predators on our agricultural lands and an increase in vehicular accidents involving wildlife; BE IT RESOLVED THAT the Province of Ontario be requested to assist local municipalities by: broadening hunting policies; considering and implementing the re-introduction of problem predator removal program and other types of control for certain predators; and updating the livestock kill compensation program for current economic conditions; Council Meeting Minutes - 26 - April 27, 2009 AND THAT this resolution be forwarded to the Association of Municipalities of Ontario, the Rural Ontario Municipalities Association for their support; and forwarded to the Members of Provincial Parliament in the GTA for their information." Resolution #C-243-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Greater Toronto Countryside Mayors Alliance with respect to the increase in natural wildlife and predators be referred to the Municipal Clerk. D - 22 "CARRIED" John R. O'Toole, MPP, Durham, forwarding a copy of correspondence received from the Honourable Jim Bradley, Minister of Transportation, responding to his correspondence regarding the establishment of a decorative floral "gateway" on Highway 401 in Bowmanville in which the Minister advises of policy restrictions regarding Decorative Municipal Identification displays limiting displays to upper, lower and single tier municipalities and First Nation Territories. Mr. O'Toole advises that he disagrees with the Provincial Policy that only recognized municipalities can have identification displays on provincial highways; and advises he would be willing to work towards changing the rules for the future to allow vibrant communities such as Courtice, Bowmanville, Newcastle and Newtonville to maintain their identify and have the opportunity to display their civic pride. Resolution #C-244-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D - 22 from John R. O'Toole, MPP, Durham, with respect to the policy for the establishment of a decorative floral "gateway" on Highway 401 in Bowmanville be endorsed. "CARRIED" Council Meeting Minutes - 27 - April 27, 2009 D - 23 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, advising Council that on April 14, 2009, the Agricultural Advisory Committee of Clarington adopted the following resolution pertaining to Energy-From-Waste air monitoring: "WHEREAS the Energy from Waste (EFW)/Incineration Facility proposed for the Clarington site on Osborne Road is in the process of completing a full Environmental Assessment (EA); and WHEREAS the Region of Durham recognizes the importance of its agricultural community; and WHEREAS the fact sheet issued in February 2008 by the Durham York Residual Waste Study to the local agricultural community and public provided assurance that concentrations of any chemicals from the facility will not present a risk to local agricultural operations, farmers fields, produce or livestock; and WHEREAS, at that time the Region was committed to monitoring emissions, and key process parameters, on a continuous basis to ensure safe operation; and WHEREAS the Region's consultants have carried out baseline environmental monitoring studies including agricultural crops, soil, and produce and baseline airshed monitoring; and WHEREAS the consultant did not recommend ambient air quality monitoring and ongoing environmental monitoring; and WHEREAS proving to the producers and consumers assurance that the quality of the agricultural products in Clarington will not be adversely affected by the EFW is of vital economic importance to the local agricultural community; THEREFORE BE IT RESOLVED THAT the Agricultural Advisory Committee of Clarington recommends that Clarington Council request Regional Council carry out ongoing ambient air quality monitoring on a monthly basis at the point of impingement and ongoing environmental monitoring on an annual basis for at least the first five years of operation; Further that Clarington's Council resolution be forwarded to the DAAC, and other local municipalities." Council Meeting Minutes - 28 - April 27, 2009 Resolution #C-245-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Agricultural Advisory Committee of Clarington with respect to Energy-From-Waste air monitoring be received for information. "CARRIED" D - 24 Piotr Derus forwarding a copy of his petition to the House of Commons with respect to the inability to purchase electric vehicles in Canada and requesting Council's support in signing the petition requesting the government to expedite the Canadian market arrival of highway speed electric cars so that Canadians who are able and willing to purchase such cars may have the ability to do so. Resolution #C-246-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 24 from Piotr Derus with respect to a petition to legalize electric vehicles in Canada, be received for information. "CARRIED" D - 25 Mike Galloway, CMO, The Township of Essa, advising Council that on April 15, 2009, the Township of Essa adopted the following resolution pertaining to public salary disclosures: "WHEREAS earlier this month the 2008 public salary disclosures were released by the provincial government for all public sector organizations in the province, otherwise known as the Sunshine List; AND WHEREAS the list included James Hankinson, President of Ontario Power Generation with a 2008 salary of $2,474,500 and Laura Formusa, President of Hydro One at $924,437; AND WHEREAS the Ontario economy is struggling and the unemployment rate continues to increase in the province; AND WHEREAS the government sector has the obligation to be open and transparent with its constituents; THEREFORE BE IT RESOLVED THAT the Township of Essa requests the Provincial Government to establish a review process for any annual salaries over $500,000 in the Ontario Public Service Sector or any affiliated organization, to justify these salaries to the residents of the Province of Ontario; Council Meeting Minutes - 29- April 27, 2009 AND THAT this resolution be forwarded to the Ontario Premier, Minister of Finance and all MPP's; AND FURTHER this resolution be forwarded through AMO to all Ontario municipalities for their consideration and support." Resolution #C-247 -09 Moved by Councillor Trim, seconded by Councillor Woo THAT the resolution from the Township of Essa with respect to public salary disclosures be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 20, 2009. Resolution #C-248-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 20, 2009, be approved, with the exception of Items #8 and #12. "CARRIED" Item #8 Resolution #C-249-09 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD-030-09 be received; THAT Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario with a total bid in the amount of $217,067.20 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-3, be awarded the contract for the Sidewalk Rehabilitation, Various locations as required by the Engineering Department; THAT funds required in the amount of $257,165.54 ($217,067.20 tender plus contingencies, and utility relocations) be drawn from the Engineering 2009 Capital Budget Accounts and the amount of $9,711.75 from the Community Improvement Plan Reserve Fund for the decorative poles on Centreview Street in Orono, as follows: Council Meeting Minutes - 30 - April 27, 2009 Account# 110-32-331-83215-7401 includes decorative poles for Centreview Street, Orono Accou nt # 110-32-331-83346-7401 Prestonvale Rd Sidewalk Account # 110-32-331-83345-7401 Bloor St. Sidewalk $146,714.53 $ 64,361.88 $55.800.88 Total Funds Required $266,877.29; and THAT the By-law marked Schedule "A" attached to Report COD-030-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. "CARRIED" Item 12 Resolution #C-250-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Carol Wilson Hodges and Assef Azadeh, EnergySolutions be referred to the Director of Planning Services to investigate the offer brought forward by the delegates for Council and staff to tour one of their facilities. "CARRI ED" STAFF REPORT(S) Report FND-01 0-09 - Build Canada Fund - Intake 2, Infrastructure Stimulus Fund and Recreational Infrastructure Canada Program Resolution #C-251-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-010-09 be received by Council; THAT the Municipality submit one (1) application for funding to the Build Canada Fund - Communities Intake 2, three (3) applications to the Infrastructure Stimulus Fund and submit three (3) requests under the Recreational Infrastructure program; Council Meeting Minutes - 31 - April 27, 2009 THAT the following works be endorsed as the Municipality of Clarington's highest priority projects for the Building Canada Fund - Intake 2: i) Garnet B. Rickard Recreation Complex - Energy Retrofit - $1,275,000 THAT the following works be endorsed as the Municipality of Clarington's highest priority projects for the Infrastructure Stimulus Fund: i) Replacement and Extension of Bridge on Hancock Road South of Nash Road - $890,000 ii) Concession Road 6 from Old Scugog Road to Acres Road - $2,480,000 iii) Concession Road 6, Acres Road to Highway 35/115 - $2,620,000 THAT the following works be endorsed as the Municipality of Clarington's highest priority projects for the Recreational Infrastructure Canada: i) Darlington Sports Complex - Floor Replacement - $400,000 ii) Newcastle Memorial Arena - Roof Replacement and Refrigeration Plant Improvements - $425,000 iii) Garnet B. Rickard Recreation Complex - Pad A East Seating and Dressing Room Renovation - $500,000 THAT Report FND-010-09 be forwarded to the Build Canada Fund and Infrastructure Stimulus Fund as part of the application process; THAT the applicable departments proceed with the preparation and submission of the Build Canada Fund - Communities Component Intake 2 and Infrastructure Stimulus Fund applications, including all supporting documentation; THAT, if the application is approved, the one-third municipal share of the BCF -Intake 2 project of $425,000 be financed $150,000 from the Community Services Department Building Refurbishment Reserve Fund, $100,000 from the Community Services Capital Reserve Fund and $175,000 from the General Municipal Reserve Fund; THAT, if the applications are approved, the one-third municipal share of the Infrastructure Stimulus Fund projects of $1,996,667 be financed from the General Municipal Reserve Fund; THAT, if the applications are approved, the one-third municipal share of the Recreational I nfrastructure Canada projects of $441 ,667 be financed $100,000 from the Facilities/Parks Maintenance Reserve Fund and $341,667 from General Municipal Reserve Fund; and Council Meeting Minutes - 32 - April 27, 2009 THAT the by-law attached to Report FND-010-09 authorizing the Mayor and CAO and/or Clerk, as required by Build Canada, to execute the BCF Contribution Agreement and Infrastructure Stimulus Fund Agreement and any other documents required to take advantage of this funding opportunity be approved. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS Robert Walraven, Regarding the Request for a Street Party on Morgandale Cres., Bowmanville to be Reconsidered Resolution #C-252-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Resolution #C-194-09 be reconsidered. "CARRIED" Resolution #C-253-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the request for approval to proceed with the first annual Morgandale Street Party on June 6, 2009, from 1 :00 p.m. to 11 :00 p.m. be denied. "MOTION WITHDRAWN" Resolution #C-254-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the first annual Morgandale Street Party on June 6, 2009, from 1 :00 p.m. to 11 :00 p.m. be approved, provided all requirements of staff are met. "CARRIED" Dominick and Angela Forsellino, Regarding a Request for Exemption from By- Law 2004-114, By-law to Regulate and License Refreshment Vehicles Council Meeting Minutes - 33 - April 27, 2009 Resolution #C-255-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Resolution #GPA-307-09 be lifted from the table. "CARR I ED" Resolution #C-256-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT the refreshment vehicle license application of Dominick and Angela Forsellino be approved with special conditions in accordance with Section 151 (1) (d) of the Municipal Act, 2001, as they are the property owners of the proposed location of the hot dog cart. "MOTION LOST" Resolution #C-257 -09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the Municipal Clerk be requested to review By-law 2004-114, a By-law to Regulate and License Refreshment Vehicles with respect to the 60 metre set back as it relates to tenants and land owners. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster --J Councillor Hooper ..J Councillor Novak --J Councillor Robinson ..J Councillor Trim ..J Councillor Woo ..J Mayor Abernethy --J Council Meeting Minutes - 34 - April 27, 2009 Addendum to Report CSD-007-09 - 2009 Rotary Ribfest Resolution #C-258-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CSD-007 -09 be lifted from the table. "CARRIED" Resolution #C-259-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Addendum to Report CSD-007-09 be tabled to the May 4,2009, General Purpose and Administration Committee meeting. "CARRIED" Rescheduling of June 8, 2009 General Purpose and Administration Meeting Resolution #C-260-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Resolution #GPA-315-09 be lifted from the table. "CARRIED" Resolution #C-261-09 Moved by Councillor Novak, seconded by Councillor Trim WHEREAS the Federation of Canadian Municipalities' Annual Conference is scheduled to be held from June 5 to 8, 2009, in Whistler, British Columbia; AND WHEREAS members of Council will be attending this conference; AND WHEREAS a General Purpose and Administration Committee meeting is scheduled to be held on June 8, 2009; NOW THEREFORE BE IT RESOLVED THAT the General Purpose and Administration Committee meeting scheduled to be held on June 8, 2009, be rescheduled to June 15, 2009, 9:30 a.m., to be followed that evening with the regularly scheduled Council meeting at 7:00 p.m.; and Council Meeting Minutes - 35- April 27, 2009 THAT notice of the amendment to the schedule of meetings be given in accordance with the Procedural By-law. "CARRIED" Resolution #C-262-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the presentation of Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC), Candice Kay, Co-Chair, CRC, Rubin Plaza, Environmental Manager and Michael Smith, Quarry Manager, St. Marys Cement, be received with thanks. "CARRIED" Resolution #C-263-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the presentation of Dave McCauley, Director, Uranium and Radioactive Waste Division, NR Can and Marie-Pierre Grondin, Environmental Assessment Officer, Canadian Nuclear Safety Commission, be received with thanks and referred to the Director of Planning Services. "CARRIED" Resolution #C-264-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Richard Walli, Chair, Energy-From-Waste Site Liaison Committee be received with thanks. "CARRIED" Council Meeting Minutes - 36 - April 27, 2009 BY-LAWS Resolution #C-265-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-045 to 2009-053 inclusive; 2009-045 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as represented by the Deputy Premier and Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs for the Building Canada Fund - Communities Component (BCF-CC) Contribution Agreement for Infrastructure Projects - Intake One 2009-046 Being a By-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2009 2009-047 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as represented by the Deputy Premier and Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs for the Building Canada Fund - Communities Component (BCF-CC) Contribution Agreement for Infrastructure Projects - Intake Two 2009-048 Being a By-law to exempt certain portions of Registered Plan 40M- 2038 from Part Lot Control 2009-049 Being a By-law to authorize entering into an agreement with the Owners of lands subject to Part Lot Control Application ZBA 2009- 0005 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of Part Lot Control Application ZBA 2009-0005 2009-050 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2009-051 Being a By-law to establish certain lands as public highway, assume them for public use and name them 2009-052 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros Concrete Contractors Ltd., Toronto, Ontario to enter into agreement for the Sidewalk Rehabilitation, Various Locations Council Meeting Minutes - 37- April 27, 2009 2009-053 Being a By-law to amend Municipality of Clarington Development Charge By-law No. 2005-108, as amended by By-law No. 2008-104, 2007-195 and By-law 2006-160; 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 The Chief Administrative Officer responded to concerns raised regarding the ability of Council to review the EFW Host Community Agreement indicating that the matter will be reviewed by Regional Council on June 16,2009, and he will report to Council prior to that date. CONFIRMING BY -LAW Resolution #C-266-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-054, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 2ih day of April 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-267 -09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 10: 11 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE MAY 11, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1-1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 14, 2009. (Copy attached) I - 2 Minutes of the Central Lake Ontario Conservation Authority dated April 21,2009. (Copy attached) I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 17, 2009 . (Copy attached) 1-4 M. Januszkiewicz, Director of Waste Management Services, Region of Durham, issuing a notice advising of the release of the draft Interim Environmental Assessment (EA) study document; advising the Region has agreed to release the draft Interim EA study document in phases to maximize the pre-submission review by the Government Review Team, Ministry of the Environment and the general public; and attaching a CD copy of the draft Interim Environmental Assessment study document. Comments on the draft Interim EA study document can be submitted to the project team during the pre- submission period ending June 5, 2009, at info@durhamvorkwaste.ca or submitted during the Ministry of the Environment's regulated review period. The following is the established schedule to consider the draft Interim EA documents: May 6 - Site Liaison Committee, May 5- Joint Waste Management Group, May 20 - Works Committee and June 3 - Regional Council. I - 5 Sandra Kranc, City Clerk, City of Oshawa, writing to P. Madill, Regional Clerk, Region of Durham, advising that on April 20, 2009, the City of Oshawa adopted the following resolution pertaining to the Region of Durham's Proposed Energy from Waste Facility: "Whereas the Region of Durham has selected a site in the Municipality of Clarington for its proposed Energy From Waste (EFW) Facility; and, Whereas Municipality of Clarington staff and Region of Durham staff did not respond positively to Oshawa's offer to partner on a public information session on the proposed EFW Facility; and, Summary of Correspondence - 2 - MAY 11, 2009 Whereas Municipality of Clarington staff have now advised it is no longer interested in partnering with the Region of Durham and other municipalities in coordinating a public meeting on the proposed EFW Facility; and, Whereas the Region of Durham intends to select a preferred proponent to build and operate the proposed EFW Facility at its Council meeting on April 22, 2009 (Covanta Energy Corporation is recommended by Regional staff and the Joint Works and Finance and Administration Committee); and, Whereas The Region of Durham will be hosting an Open House on May 12, 2009 at a location in the Municipality of Clarington on the proposed EFW Facility; and, Whereas following the selection of the preferred proponent on April 22, 2009, the Region of Durham intends to complete the following documentation associated with the proposed EFW Facility: Environmental Assessment Documentation, Environmental Protection Act (EPA) Approvals, Ontario Water Resources Act (OWRA) Approvals and Permits and Certificates of Approval with the Ministry of the Environment; Therefore be it resolved: 1. That Regional Council be requested to engage a qualified independent peer review consultant to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability of any environmental and public health impacts of the proposed EFW Facility based on said documentation; 2. That Regional Council be requested to direct the Regional Health and Social Services Department and Medical Officer of Health to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability environmental and public health impact of the proposed EFW Facility based on said documentation and that Regional Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle to compare and report on his professional medical opinion as to whether the process is safe or not.; Summary of Correspondence - 3 - MAY 11, 2009 3. That Regional Council be requested to update the business case for the proposed EFW Facility to reflect the selection of the preferred proponent and consider and chart the implications of pending plant closures on the tax base and the resulting impact of the construction and operation of the incinerator on Regional taxes; 4 That Correspondence SIC-09-17 dated March 26, 2009 from Marissa Kata and Correspondence SIC-09-18 dated March 27, 2009 from Anne Maxwell be received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 5. That Item 1 from the Oshawa Environmental Advisory Committee (SIC-07-51), Item 3 from Colleen Knight (SIC-08-11 and SIC-08- 22), Item 4 from Paul-Andre Larose (SIC-08-15), Item 5 from Louis Bertrand (SIC-08-23), Item 6 from Rebecca Harrison (SIC-09-13) and Item 7 from Chris White (SIC-09-14) on the Strategic Initiatives Committee Outstanding Items Status Report regarding the proposed EFW Facility be lifted from the table and received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 6. That Item 2 from the Municipality of Clarington (SIC-08-18) on the Strategic Initiatives Committee Outstanding Items Status Report be received for information; and, 7. That in the event the Region does not agree, that a copy of this resolution be sent to the Ministry of the Environment to request the Province to undertake these processes prior to any decision of an Environmental Assessment Application." I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Carol Macey b) Maria Kordas-Fraser c) Patricia Horan d) Sylvia Vanhaverbeke Summary of Correspondence - 4 - MAY 11 , 2009 e) Mary-Ann Kalutai 1-7 Association of Municipalities of Ontario (AMO) Member Communication Alert dated April 27, 2009, advising that candidates for municipal office in Ontario are now exempt from the provisions of the National Do Not Call List (DNCL), launched on September 30, 2008, imposing enforceable restrictions on organizations and individuals placing unsolicited telephone calls to Canadians who had registered on the List. I - 8 Dr. Elaine Ho and Dr. Vincent Ho, writing to Foster Loucks, Chair, Boarq of Directors and Debora Hammons, CEO, Central East LHIN, expressing concern with the possibility of removing the Special Care Unit and resulting loss of internal medicine and/or general surgery coverage from Lakeridge Health Bowmanville; advising from their point of view as family doctors, it will compromise the quality of patient care as these services are essential for an acute care hospital and emergency department and that family physicians rely on the expertise of internists with respect to complex medical patients that they encounter on a regular basis; indicating that with the Municipality's population growing and new nuclear plant development, there will be a need to expand Lakeridge Health Bowmanville; expressing concern that partial funding slated for Lakeridge Health Corporation was diverted to other areas and hoping that adequate funding will be provided to Lakeridge Health Corporation to reflect the population growth and that investment in Lakeridge Health Bowmanville reflects the needs of the population. 1-9 John R. O'Toole, MP, Durham, forwarding a copy of the Municipality's response from the Honourable Aileen Carroll, Minister of Culture, with respect to Camp 30, advising that he, along with so many Bowmanville residents, was saddened by the recent fire at the site; trusting that Council and citizens will not be discouraged by this turn of events and will continue with initiatives that give the site the recognition it deserves; and, enclosing the official Report of Debates (Hansard) of April 6, 2009, where he raises the historical significance of Camp 30 in the Legislature. Summary of Correspondence - 5 - MAY 11 , 2009 I - 10 John R. O'Toole, MP, Durham, writing to Michael Patrick, President, Clarington Board of Trade, advising that he agrees that it is important for Clarington to be a balanced municipality, offering local jobs and investment opportunities; that he supports the Board of Trade and the Municipality in seeking planning policies that aim for more jobs for local residents, along with well-planned growth for the future; and, that the amount of "employment lands" allocated to Durham Region in the "Places to Grow" document is unfair. 1-11 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable James J. Bradley, Minister of Transportation, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to The Greater Toronto and Hamilton Area Transit Implementation Act, 2009: "a) THAT the following recommendations for changes to Bill 163, the Greater Toronto and Hamilton Area Transit Implementation Act 2009 be forwarded to the Minister of Transportation and to the provincial Standing Committee on Finance and Economic Affairs: i) The Province must recognize in Bill 163 that, for municipalities to plan effectively for key intensification corridors, they must be included as true partners in the planning and implementation decisions around major transit infrastructure in their municipality; ii) The Province must foster the meaningful participation and strong co-operation from municipalities that is vital to effectively implement the Regional Transportation Plan by creating a 'hybrid board of directors' that retains municipal representation on the proposed 15 member consolidated Metrolinx board as well as including private sector experts; jii) Since Metrolinx will be investing a very large amount of public funding, Bill 163 must include provisions to ensure that the consolidated board will operate as openly, transparently and accountably as possible; iv) The Province must simplify and clarify how the various provincial acts, plans and policies for the Greater Golden Horseshoe fit together; Summary of Correspondence - 6 - MAY 11, 2009 v) The Province must assume the responsibility for establishing, implementing and administering a Provincial Transit/Transportation Development Charge and related funding model to replace the existing GO Transit development charge pursuant to the Development CharQes Act 1997. This Provincial Transit/Transportation Development Charge and related funding models must form an integral part of the future investment strategy by incorporating the capital projects set forth in the Metrolinx Regional Transportation Plan and GO Transit capital plans to ensure that the growth components of these plans are funded from growth revenue sources; vi) The regulatory authority in Bill 163, to prescribe a transit system as part of the Metrolinx system, must be accompanied by a responsibility to mitigate any negative impacts, financial or otherwise, on an affected municipally-operated transit system, as a result of the prescription of a system within its service area. One way to do this is to balance provincial investment in the regional and municipal transit system; and b ) THAT a copy of Joint Report No. 2009-J-19 of the Commissioners of Finance, Works and Planning be forwarded for information to the Ministers of Energy and Infrastructure, and Municipal Affairs and Housing, Durham Region MPP's, the Chairs of Metrolinx and GO Transit, the Cities of Toronto and Hamilton, the Regions of Halton, Peel and York, and the eight Durham area municipalities." 1-12 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a ) THAT Report #2009-P-29 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2009-P-29 be forwarded to all Durham Area Municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information." 1-13 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Annual Subdivision/Condominium Activity Report for 2008: "a) THAT Report #2009-P-28 of the Commissioner of Planning be received for information; and Summary of Correspondence - 7 - MAY 11, 2009 b ) THAT a copy of Report #2009-P-28 be forwarded to the area municipalities." 1-14 Lucille King, MPA, Director of Corporate Services/Town Clerk, Town of Aurora, writing to Bill Fisch, Chair and CEO, Region of York, advising that on April 14, 2009, the Town of Aurora adopted the following resolution pertaining to Hospital Funding Capital Projects: "THAT, in order to improve timely and local access to hospital care in Aurora and across high growth communities in Ontario, the Town of Aurora asks that the Government of Ontario: 1. Speed up implementation of hospital growth funding commitment, ensuring that $100 million in growth funding is targeted to high growth hospitals and provide growth funding for social services; and 2. Quickly implement "Health Based Allocation Model" (HBAM), i.e. population-needs-based-funding for provincial health care funding and develop a population-needs-based-funding formula for social services; and 3. Develop a health care and social services growth plan for Ontario to complement "Places to Grow"; and THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPP for Newmarket-Aurora, York Region Chair and CEO, the Town of Newmarket, High Growth Communities Mayors and Chairs, and the Central LHIN." 1-15 Canadian Urban Institute issuing a Media Release/Communique dated April 27, 2009, advising that the Special Senate Committee on Aging has released its Final Report "Canada's Aging Population: Seizing the Opportunity" focusing on five recommendations ranging from the promotion of active, healthy aging to issues such as ensuring that Canadians are able to age in place with adequate housing, transportation, and integrated health and social care services; and, indicating that the section of the report dealing with the built environment emphasizes the importance of incorporating the principles of universal design to plan "lifetime neighbourhoods" and apply the principles of barrier-free design to all aspects of the built environment to improve accessibility for everyone. Summary of Correspondence - 8 - MAY 11, 2009 I - 16 Harold Sellers, Executive Director, Oak Ridges Trail Association, expressing appreciation for the $500 grant which will assist the Association with general maintenance, repairs and improvements to the Oak Ridges Moraine Trail. I - 17 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living, expressing appreciation for the $1,000 grant which will assist Community Living in providing the highest quality of life possible for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. 1-18 Hazel McCallion, Mayor, City of Mississauga, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on April 22, 2009, the City of Mississauga adopted a resolution urging the Province to support fairness in provincial funding to allow for the improvement of timely and local access to hospital care in the City of Mississauga and across high growth communities in Ontario. I - 19 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Donna Cansfield, Minister of Natural Resources,(MNR) regarding the Kendal Crown Lands, advising the MNR has made no commitments to form partnerships or received any formal proposals or submissions regarding the Kendal Property; however, the Ontario Federation of Anglers and Hunters has expressed an interest in a possible partnership and have indicated that they will be reviewing their interest in the property during spring 2009 and that staff will update Mr. O'Toole of plans and consultation on the Kendal property. I - 20 Peter Simmons, Director, Municipal and Community Engagement, Nuclear Waste Management Organization, forwarding a copy of the Nuclear Waste Management Organization discussion document "Moving Forward Together: Designing the Process for Selecting a Site - Invitation to Review a Proposed Process for Selecting a Site" and a copy of the NWMO Activity Update (April 2009). The site selection document will be made available for public review and comment on the NWMO website. Summary of Correspondence - 9 - MAY 11 , 2009 I - 21 Douglas Allingham, Lakeridge Health Board Chair, thanking Council for expressing their concerns to Health Minister David Caplan regarding the future of services at Lakeridge Health Bowmanville; offering reassurance that Lakeridge Health is firmly committed to an acute care facility in Bowmanville; acknowledging and agreeing that the volume of patients will only increase as Clarington continues to experience population and economic growth; and, confirming that Lakeridge Health's hospital and medical leadership is continuing to work diligently with doctors and specialists in Bowmanville to examine options to help alleviate the longstanding issues relating to specialist attraction and retention at Lakeridge Health Bowmanville. CORRESPONDENCE FOR DIRECTION D - 1 M. Aileen Carroll, Minister Responsible for Seniors, advising that June 2009 marks the 25th Anniversary of Seniors' Month in Ontario; encouraging municipalities to honour local seniors by attending and hosting events in the community; and, requesting that June 1 - 30 be proclaimed as "Seniors' Month". (Motion to Proclaim) D - 2 Jennifer Knox tendering her resignation from the Clarington Heritage Committee advising she has enjoyed serving on the Committee for the past eight years and will continue her dedication to preserve the physical and cultural heritage of Clarington. (Motion to receive correspondence with regret and refer to the Municipal Clerk) D - 3 Gary Cole, District Master, West Durham District L.O.L., requesting the week of July 4 - 11, 2009, be proclaimed as "Orange Week"; and, advising of several functions scheduled during the week which will commence on July 4th with the Annual Orange Parade in Bobcaygeon. (Motion to deny and advise that Municipal policy does not allow proclamations to be granted for matters of religious belief) Summary of Correspondence - 10 - MAY 11, 2009 D - 4 Alexander M. Lyall tendering his resignation from the Clarington Traffic Management Advisory Committee and Road Watch as he is relocating outside of the municipality and extending best wishes to the Committee in their future endeavours. (Motion to receive correspondence with regret and refer to the Municipal Clerk) D - 5 Liz Rootham, Director General, Community Development and Partnerships Directorate, Human Resources and Social Development Canada, forwarding a nomination brochure and poster for the 2009 Therese Casgrain Volunteer Award. The 2009 Award will be presented to two exceptional volunteers - one for Youth Participation and one for Lifelong Commitment to individuals whose social commitment and persistent efforts have contributed significantly to the well-being of their fellow Canadians. Nominations are open until June 19, 2009. (Motion to refer correspondence to the Municipal Clerk to place a notice in the local newspapers) D - 6 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, requesting permission to hold the 48th Annual Community of Bowmanville Santa Claus Parade on Saturday, November 21, 2009, beginning at 10:30 a.m.; highlighting the parade route; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; and, thanking all involved for their continued support in making the parade a great success. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 7 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario, requesting Council to proclaim the month of June as "Spina Bifida and Hydrocephalus Awareness Month" in Clarington to help raise awareness of the many challenges brought on by these serious, disabling conditions. (Motion to Proclaim) Summary of Correspondence - 11 - MAY 11, 2009 D - 8 Colin Andersen, Chief Executive Officer, Ontario Power Authority, urging Council to actively take part in Ontario's second province-wide Energy Conservation Week, May 17 - 23, 2009; forwarding the Authority's Energy Conservation Week 100 conservation ideas information piece/poster and brochure on conservation issued by the Ontario Power Authority; and, suggesting the municipality make use of the campaign website: enerqyconservationweek.ca to access and share information related to Energy Conservation Week activities. (Motion to refer correspondence to the Chief Administrative Officer and to the Clarington Living Green Community Advisory Committee) D - 9 Kelly Knight forwarding a petition from residents of Dadson Drive and Squire Fletcher Drive advising of ongoing problems with speeding and uncontrolled driving in their neighbourhood and requesting that traffic calming measures be investigated to address safety concerns. (Motion to refer correspondence to the Director of Engineering Services) D - 10 Dr. David Fowler, Durham Church Network, thanking Council and staff for the assistance provided to date in facilitating approvals with respect to land use issues for their Best Start Hub, a facility to include child daycare services, an Early Learning Centre, Health Units and programs that support the development of strong families and healthy living, to be located on the south side of Taunton Road, east of Townline Road; indicating they have recently been advised that the Federal government will be announcing a stimulus infrastructure program - Recreational Infrastructure Canada (Rlnc) that the Best Start Hub will fit exactly within the program parameters for RlnC funding; advising that the Durham Church Network has approximately one week to compile the proposal in order to submit it as soon as the program is announced; and, asking if Council would be willing to provide a letter of support to include in the submission to the RlnC program indicating that the municipality is doing all that is possible to insure that this project is fast-tracked to meet the RlnC requirements of being "Shovel Ready"; and, that the letter be provided to the Durham Church Network this week. (Motion to refer correspondence to the Director of Planning Services) Summary of Correspondence D - 11 D - 12 D - 13 - 12 - MAY 11 , 2009 Douglas Cronk writing further to his letter of March 31,2009, regarding the compensation for elected officials appointed to Veridian Corporation Boards; advising he remains extremely dissatisfied with the manner in which the issue was dealt with by Council and that he is of the opinion that both Councillor Novak and Councillor Foster should have declared a conflict of interest regarding the vote as the issue relates to their personal income; and, requesting Council to review the issue in light of the apparent conflict of interest and to reverse their earlier decision and to deal appropriately with the matter now versus passing it off to the next elected Council. (Motion to refer correspondence to the Municipal Clerk to prepare a response outlining the Municipal Conflict of Interest Act as it relates to remuneration issues) Susan DaCosta, forwarding a copy of correspondence sent to the Orono Times and to Clarington This Week regarding funding for renovations to Total Hockey to provide lease space to Community Care and for remuneration paid to Members of Council to sit on the Veridian Board; requesting that Council review the issue of remuneration, specifically for the Veridian Board; suggesting that guidelines be put in place so that all Boards and Council members know exactly what is involved; and, requesting that Council revisit this issue and provide clarification now. (Motion for Direction) Debi A. Wilcox, City Clerk, City of Pickering, writing to the Canadian Transplant Association, advising that on April 20, 2009, the City of Pickering adopted the following resolution with respect to Increasing Organ Donations - Saving Lives: "WHEREAS according to media reports there are nearly 1,700 Ontarians waiting for organ transplants; and WHEREAS according to media reports, there are about 4,000 Canadians waiting for organ transplants; and WHEREAS according to media reports, 140 to 250 people die each year in Canada awaiting organ transplants; and Summary of Correspondence - 13 - MAY 11, 2009 WHEREAS according to the Canadian Medical Association Journal presumed consent, making every eligible person automatic organ donor upon death unless they specifically opt out ahead of time, is practiced in various forms in Europe in countries such as Belgium and Spain; and WHEREAS the current system in Ontario requires persons who want to donate their organs to fill out a donor card to notify family members who are then asked to provide final consent even if the donor filled out an organ donor consent card; and WHEREAS many good organs that could be donated are being buried or cremated rather than harvested for those in great need or even dying on waiting lists; and WHEREAS a recent Toronto Star - Angus Reid poll has found that 64% of Ontarians support provincial legislation that would make everyone an automatic organ donor unless they explicitly opt out amongst other options; and WHEREAS such legislation would cut a long standing chronic shortage of organ donors across the province and save many lives. NOW THEREFORE BE IT RESOLVED THAT The City of Pickering encourage and support provincial legislation for making every eligible person an automatic organ donor upon death unless they specifically opt out ahead of time to address the chronic shortage of organ donations and saving many lives. This motion be forwarded to the Canadian Transplant Association, the Trillium Gift of Life, all municipalities n Durham Region, Regional Health & Social Services Committee, Ontario Municipal Association, and MPP's for Ajax-Pickering and Scarborough East-Pickering." (Motion for Direction) Summary of Correspondence - 14 - MAY 11, 2009 D - 14 Peter White, President, Society of Professional Engineers and Associates (SPEA) writing to the Honourable Dalton McGuinty, Premier of Ontario, congratulating the government for showing significant foresight and leadership in pursuing new nuclear power for Ontario; advising of the importance for the government to recognize that buying a Canadian made, designed, and supplied nuclear reactor is the best choice for Ontario, highlighting the benefits of selecting CANDU, including the maintenance and creation of thousands of jobs for skilled trades people and professionals; indicating that CANDU reactors have safely supplied electricity to Ontario for over 40 years with no greenhouse gas or smog; and, encouraging the Province to continue to make the right choice and to choose CANDU, and requesting Council's support. (Motion for Direction) D - 15 Barb and Bob Cowie, requesting an extension of four months to move two sheds that are close to the property line at 2682 Prestonvale Road, originally scheduled to be moved on May 16th. The correspondence indicates that the owners are in the process of getting the house ready for sale, have personal family responsibilities to attend to; and, coupled with the fact they live 2 % hours away, they are requesting the extension. (Motion for Direction) D - 16 Chris Darling, MCIP, RPP, Principal Planner, Region of Durham, requesting the Municipality to appoint a citizen representative to the Durham Trail Coordinating Committee; and, advising that John Stoner has expressed interest in serving on the Committee. (Motion for Direction) D - 17 Denise Labelle-Gelinas, CMO, City Clerk, City of Cornwall, advising Council that on April 27, 2009, the City of Cornwall adopted the following resolution pertaining to the Provincial Harmonized Sales Tax: 'WHEREAS the Provincial Government has recently announced the harmonization of the 5% GST and the 8% PST; and WHEREAS, the Harmonized Sales Tax will negatively impact the registration costs for minor sports by an increase in facility rental fees and registration fees; and WHEREAS these increased costs will prevent some youth from participating in sporting activities; and Summary of Correspondence - 15 - MAY 11, 2009 THEREFORE BE IT RESOLVED, that we, City Council, send an appeal to the Provincial Government to exempt items related to the rental of recreation facilities and registration fees for minor sports to ensure that all youth are able to afford to participate; and BE IT FURTHER RESOLVED that we, City Council, request to have AMO lobby the Provincial Government on our behalf; and that a copy of this Resolution be sent to all municipalities in Ontario requesting their support. (Motion for Direction) I - 1 Draft minutes - Not yet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY APRIL 14, 2009 AT 7:00 P.M. Present: David Best Arthur Burrows (V oting) Jim Cleland Shirley Minifie Karin Murphy Dan Stanoi Brian Reid Also Present: Peter Windolf Dianne Graham (Non- Voting) Regrets: John Stoner Kerry Meydam Joe McKenna Councillor Willie Woo Absent: Warren May (MNR) Greg Wells (GRCA) 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by David Best, seconded by Shirley Minifie THA T the agenda for March 10, 2009 be accepted. CARRIED 2. Minutes of March 10, 2009 Corrections Grant for Project Application through OPG was to be added from March 10th meeting Approval of Minutes MOVED by Brian Reid, seconded by Arthur Burrows THAT the minutes of February, 2009 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee Reports Maintenance Weeds are growing through the asphalt trail at the north side of the Water Treatment Plant. Jim attempted to remove them but the roots remain below the asphalt. The trails on Cobbledick Road and Toronto Street are extremely muddy this spring; they may require fresh limestone in the near future. The trails will be inspected at the May site meeting. All 23 Birdhouses have been cleaned and re-installed, not all the birdhouses were mounted on T-bars because some of them are missing on the Cobbledick Road side. The garbage cans are overflowing at both at Cobbledick Road and Toronto Street parking lots. When fishing season opens in April there is a need for more than one receptacle in both parking lots at the SWNA. A suggestion was made for two cans to be placed at these locations plus an additional one at the entrance by the waterfront trail on Toronto Street. The garbage can that was painted with the SWNA logo has gone missing. Operations Department will be advised of these issues. 5. Updates Indian River Reptile Zoo Presentation The scheduled date for the Indian River Reptile Zoo Presentation is June 6th @ 10:00am at the Toronto Street parking lot. The exhibit would feature live native and exotic reptiles and snakes. This was one of the most popular special events of previous years. Notices of the event will be posted at the Samuel Wilmot Nature Area and mailed out the SWNA contacts list. A few picnic tables will be requested from Operations. Arrangements will De made to have the Clarington tent available in case of rain. The committee discussed planting trees on the same day of the Indian River Reptile Zoo Presentallon. About 2u trees and shrubs will be ordered for June () usmg the funding from the 2008 GRCA Clean Water Healthy Land grant. Ducks Unlimited Site Visit David met on site with Tracey Logan from DU's Peterborough office to find out more about the organization and whether they are interested in any wildlife enhancement projects at the SWNA. They are not interested at this time but will look provide us a list of other organizations who might be interested. DFN Songbird Presentation Brian, Karin and Shirley attended the March 30 Durham Field Naturalist presentation about the decline of songbirds and their migration patterns. The presentation was very informative and highlighted the destruction of songbird habitat occurring in South and Central America. Their decline does not appear to be related to any loss of habitat or shortage of food in North America. Brian will be presenting the SWNA PowerPoint presentation at the April 27th DFN meeting. At that meeting he will discuss assistance from the DFN for a possible event themed around different types of birds and their habitant. PowerPoint Presentations The PowerPoint presentation for the Wilmot Community Auxiliary Committee is scheduled for Tuesday May 1 i\ 2009; Introduction begins at 11 :OOAM. Karin and Shirley will do the presentation. A Laptop and projector have been booked for this event. On Thursday April 23rd @ 2pm in Room 3C (3rd Floor) members who are interested in delivering the presentation will be shown the basics of how to set up and run a PowerPoint presentation. Portable Washroom The committee again discussed the need for a port-a-potty at the SWNA. Councillor Woo has had preliminary discussions with the Operations Department about the need for one at the SWNA. Operations is concerned that installing one at the SWNA will lead to requests at other trail locations. The committee insisted that the SWNA should be considered differently from those other trails because it is much larger, more remote from residential, and is generally a "drive to" location. The other areas also do not have the same educational/interpretive interest for school groups nor do they have public events as often. Shirley passed around information about The Friends of the Frink Centre-Green Latrine project. This was a project to build a "green" washroom building at the Frink Wildlife centre north of Kingston. Constructed in 2006 it consisted of a straw bale building with compo sting toilets and sinks. Shirley described the process of fundraising and constructing the building. The Frink Centre also has a classroom building and attracts many school groups for environmental education programs. It was agreed that a washroom building similar to the Frink Centre Green Latrine would be much larger than what is needed at the SWNA. Further investigation into other toilet options and possible funding sources will be required to determine a more suitable type of facility for the SWNA. Trail Markers The SWNA trail markers are ready to be posted around the Samuel Wilmot Nature Area. Brian was given the entire package of trail markers and he will anange for their installation with other SWNA members. DEAC-Environmental Achievement Awards Reception The SWNA has been nominated for the Irene Kock-EducationlCommunication Award. The awards reception will be held on May 14th @ 6:30PM at the Regional Headquarters. Jim and Karin have agreed to attend the event. 6. Other Business/Next Meeting Pine Bark Beetle There was a brief discussion about the Pine Bark beetle. Peter responded that we have a many types of pine beetle in Ontario but not the same species (Mountain Pine Beetle) that is devastating the pine forests in western Canada. "Pitch In" Day-Saturday April2Sth, 2009 - 9am - 12 noon David, Karin, Brian, Dan have volunteered to attend the Pitch In event at the SWNA. The meeting place is at Toronto Street parking lot at 9:00am. Operations will provide bags and gloves on the day of the event. OPG Green Grants At the next meeting Joe will ask talk reiterate what he knows about green grant opportunities form OPG. Adjournment: 8:30 P.M. Next Meeting: Tuesday May 12, 2009 6:00 p.m. On Site Meet at Toronto Street Parking Lot Notes prepared by D. Graham ~'O:~fIPR27 Ft1 2:12:04 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1- 2 M I NUT E S N O. 4 AUTHORITY MEETING Tuesdav. April 21. 2009 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM Present: RE~:~;/t'fON ORIGINAL TO:. /' o COUNCIL 13' COUNCIL 1:1 FILE DIRECTION INFORMATION COPY TO: 0. MAYOR o MEMBERS 1:1 CAO OF COUNCil o COMMUNITY 0 CORPORATE 1:1 EMElIG9lCY SERVICES SERVICES SERVaS o EII6lNEERING 1:1 MUNICIPAL 1:1 lfERATIONS SERVICES CLERK'S o PlANNING 1:1 SOLICITOR 0 TREASURY SERVICES /1 1:1 OTHER l~f ./~~;,_ MUNICIIW. CI1RK'S FILE Ac/ { ( c Absent: R. Johnson, Vice Chair S. Crawford A. Cullen J. Drumm A. Foster R. Hooper D. Mitchell J. Neal B. Nicholson M. Novak M. Pearce P. Perkins J.R. Powell. Chief Administrative Officer D. White. Director, Corporate Services H. Brooks, Director. Watershed Planning & Natural Heritage G. Geissberger, Marketing & Communications Coordinator R. Hersey, Director, Development Review & Regulation P. Lowe, Director, Watershed Stewardship &Community Outreach P. Sisson, Director, Engineering & Field Operations G. Soo Chan, Director, Groundwater M. Stauffer, Administrative Assistant/Recording Secretary G. Emm, Chair J. Gray . R. Johnson called the meeting to order at 5:04 p.m. DECLARATIONS of interest by members on any matter herein contained - NONE ADOPTION OF MINUTES Res. #43 Moved by B. Nicholson Seconded by 1. Neal THA T the Authority minutes of March 17, 2009, be adopted as circulated. CARRIED CORRESPONDENCE (I) Correspondence item from/to C. Gunn (attached as Schedule 3-1 & 3-2) Re accident suffered by C. Gunn at Heber Down Conservation Area and note of thanks to ClOCA Staff (2) Correspondence item from Linda Perkins (attached as Schedule 3-3) Re letter of thanks to ClOCA Staff at Purple Woods Conservation Area (3) Correspondence courtesy RBC and Unilever Canada (attached as Schedule 3-4 to 3-43) re 2009 Canadian Water Attitudes Study (4) Correspondence from Regional Municipality of Durham/Durham Environmental Advisory Committee (attached as Schedule 3-44) Re CLOCA nominated by Town of Whitby for Lynde Shores Land Acquisition Res. #44 Moved by A. Cullen Seconded by M. Novak THA T the above co"espondence items be received and that staff advise Durham Region of the CLOCA representatives attending (Item #4 above). CARRIED AUTHORITY MEETING NO.4-APRIL 21, 2009 - PAGE 2 DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (I) Staff Report #4797-09 (attached as Schedule 4-1 & 4-2) Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses March 1-31,2009 Moved by B. Nicholson Seconded by S. Crawford THA T the attached applications be approved and the respective permits be issued. CARRIED __ r '...... .. 6~4(,JITU8IAT2tO DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report #4798-09 (attached as Schedule 5-1) _n. .... .. ~_~ . __ .__ ' ,', 1,11\' ,q Northern River Otters at Bowmanville/Westside Marshes Conservati n Area I:" J4~I,;)lW) t I" I"""'l"" I .:l,)"': I '.""" "f~i{.ioJ,~.\..i;" \. Res. #45 Res. #46 (2) Moved by M. Pearce Seconded by A. Cullen THA T Staff Report #4 798-09 be received for information. CARRIED <i~'~ ';_,;., i- jl ;:i.,<' I t '<'~}.;'~~O~ I ~1"'i,' V ;"" ,. ';V...~'.1' 7~ ;::' ,v Staff Report #4799-09 (attached as Schedule 5-2 to 5-7) New Ontario Endangered Species Act /'J~.M f.. ,,' j', .'.~ L " . "'/:':'_1'.- P. Perkins arrived at 5:10 p.m. ~_ ~~f,l!:~'.: ,';;,. Res. #47 R. Powell and H. Brooks answered questions from Directors regarding the responsibilifor..admiaisteringtbe-act.I'Disctls on ensued. ; ;.; "Nil.. ,,..,,),..,:j.a,4 _.._._"'........--~~....""'-.- _....... 4J (3) Res. #48 Moved by J. Neal Seconded by R. Hooper THA T Staff Report #4 799-09 be received for information. CARRIED Staff Report #4801-09 (attached as Schedule 5-8 to 5-10) Robinson/Tooley Watershed Planning Process Moved by A. Foster Seconded by R. Hooper THA T Staff Report #4801-09 be received for information. CARRIED DIRECTOR, CORPORATE SERVICES Res. #49 Moved by S. Crawford Seconded by A. Cullen THA T the meeting convene "In Camera" to discuss a Property Matter. CARRIED Res. #51 Moved by S. Crawford Seconded by J. Drumm THA T the meeting reconvene and the actions of the" In Camera" session be adopted. CARRIED ADJOURNMENT Res. #52 Moved by P. Perkins Seconded by B. Nicholson THA T the meeting adjourn. CARRIED The meeting adjourned at 5:34 p.m. l\nFND.A t \.' l. .. , LOCATION DATE TIME MEMBERS PRESENTERS/ OBSERVERS REGRETS . . ~_:>r-~~~~;~~ ----;.^~- s DURHA1\1 NUCLEAR HEALTH COMMITTEE (DNpr<\ 1-3 1\1INUTES OF MEETING ,..1:;..\ ~c~ University of Ontario Institute of Technology (UOIT) 2000 Simcoe Street North RBC Meeting Room in the Business/IT Building Ground Floor Oshawa, Ontario April 17, 2009 1 :00 PM :'09MAYOl F't'l 2:23:31 Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair) Ms. Mary-Anne Pietrusiak, DRHD Mr. Ken Gorman, DRHD Mr. Frank Bajurny, Ontario Power Generation (OP Dr. Dave Whillans, OPG Dr. Tony Waker, UOIT (Presenter) Ms. Norma Drummond, Public Member Ms. Lorraine Weigel, Public Member Mr. Marc Landry, Public Member Dr. Barry Neil, Public Member Mr. Jansen Wu, Public Member Mr. Joshua Mazuryk, Public Member Mr. Alex Heydon, Public Member ) DIST~TION REVIEWEl? BY - ORIGINAL. TO:. . Q COUNC;l '~~UNCll Q FILE DIRECTlOfC,,;c INfORMATION I'_~~.~,.. COpy TO: o MAYOR o MEMBERS Q CAO Of COUNCil Q COMMUNITY 0 CORPORATE SERVICES SERVICES Q ENGINEERING 1:1 MUNICiPAl SERVICES CURK'S l:I PLANNING 1:1 SOlICITOR Q TREASURY SERVICES . .~... l:I OTHER. SFIU AOIOU l:I EUEAGEIICV SERVICES l:I OPERAnllNS Mr. Brian Devitt, DRHD, (Secretary) Mr. Don Terry, OPG (Presenter) Ms. Laurie Swami, OPG (Presenter) Mr. Peter Simmons, Nuclear Waste Management 0 (NWMO) (Presenter) Mr. Paul Gierszewski, NWMO Ms. Sue Stickley, Port Hope Area Initiative, (Presenter) Ms. Lee Watson, OPG Mr. Nick Mihalic, OPG Mr. Tim Girliotti, OPG Ms. Jaime Chow, DRHD Ms. Janice Szwarz, Municipality ofClarington Mr. Ken Shrives, Public Member Mr. Hardev Bains, Public Member Mr. Phil Dunn, Ministry of the Environment 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 January 16,2009 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 (CAC) for December 2008 and January 2009. 3.2 Robert Kyle's office received a newsletter from the Nuclear Waste Management Organization (NWMO) dated December 2008. rHC;;lua.-~ ~...-..,...~i.e'~ office received the Annual Report for the Canadian Nuclear Safety Co~~~sion (CNSC) for 2007-08. r .--..-.-.., ---,.- .>. ':'H .' ." f , ,3.4 Robei(Kyl-e~s office received the CNSC Decision on the proposed Environmental ~ \'" ",.,,[Assessment I (EA) Screening Report for the Refurbishment and Continued Oper~~JHroject at the Pickering B Nuclear Generating Station (NGS) dated L"; I. l!if:I\J;muary2..3f,~009. l' '",>,".. 3.5., LRoberFKylJs office received the minutes of the Port Granby Discussion Group ,...." \. .~. ~'Ille~ting.fq!'September 17, 2008 and the covering letter was dated January 23, . "2009. .U,!<..". l. >\l.,.,. ::.,. ( t. 3.6 RobertKyl's office received the notes used by Tom Mitchell, Chief Nuclear ------ '-arficerd~t. PG, in a presentation to the Ajax-Pickering Board of Trade dated ---- ..~ 'I ! 009. 3.7 Robert Kyle's office received the NWMO Summary Report of their Dialogue with the DNHC on October 30, 2008 about Designing the Process to Select the Site for Managing Canada's Used Nuclear Fuel for the Long Term and the covering letter was dated January 28,2009. 3.8 Robert Kyle's office received the NWMO report Implementing Adaptive Phased Management 2009 to 2013 and the covering letter was dated February 22,2009. 3.9 Robert Kyle's office received the NWMO newsletter dated March 2009. 3.10 Robert Kyle's office received the NCRP Report 160 showing the significant increase in medical radiation exposure of the United States population since 1980 dated March 3, 2009. 2 3.11 Robert Kyle's office received the OPG Performance Report for 2008 dated March 9,2009. 3.12 Robert Kyle's office received a news release from the CNSC concerning the Darlington New Nuclear Power Plant Project Final Environmental Impact Statement Guidelines and Joint Panel Review Agreement issued March 12,2009. 3.13 Robert Kyle's office received a news release that Ms. Glenna Carr, AECL Chair of Board of Directors, said at the Greater Oshawa Chamber of Commerce that "Durham Region can be Canada's nuclear energy capital" and the news release was dated March 19,2009. 3.14 Robert Kyle's office received a letter from Laurie Swami, Director, Licensing Generation Development Division of OPG, updating the progress of the New Nuclear at Darlington EA Project dated March 20,2009. 3.15 Robert Kyle's office received the NWMO Annual Report for 2008 Moving Forward Together dated March 26,2009. 3.16 Robert Kyle's office received the CNSC Report on Plans and Priorities - 2009-10 dated April 2009. 3.17 Robert Kyle's office received the presentation notes used by Patrick McNeil, Senior Vice President Generation Development of OPG, to the Council of the Regional Municipality of Durham on April I, 2009. 3.18 Robert Kyle's office received a letter from Michael Binder, President of the CNSC, concerning the physical safety and the health effects of radioactivity released from CANDU reactors and the letter was dated April 3, 2009. 3.19 Robert Kyle's office received the CNSC news release concerning the report Understanding Health Studies and Risk Assessments Conducted in the Port Hope Community from 1950s to the Present that indicated the health of the Port Hope residents is not at risk and is consistent with the health of the general population in Ontario and Canada and the news release was dated April 15, 2009. 4.0 Nuclear Power / Environmental Issues 4.1 Report from UOIT on the Faculty of Energy Systems and Nuclear Science Dr. Tony Waker, Professor, provided a presentation about nuclear programs and facilities at UOIT. The highlights of Tony's presentation were: . The Faculty of Energy Systems and Nuclear Science (FESNS) Undergraduate Programs are: o Nuclear Engineering (B.Eng.) offered since 2003 o Health Physics and Radiation Science (B.Sc.) offered since 2003 o Energy Systems Engineering (B.Eng.) offered since 2004 3 . FESNS Graduate Programs are: o Graduate Diplomas in Nuclear Technology o M.Eng. Degree in Nuclear Engineering o M.A.Sc. Degree in Nuclear Engineering o Ph.D. Degree in Nuclear Engineering (target date is March 1,2010) . The current status of the Masters Programs are: o OCGS approval received March 2008 o MTCV funding approval received June 2008 o First intake of students in September 2008 with 15 M.A.Sc. students and 10 M.Eng. students . The Ph.D. Program's two fields of study to start in March 2010 are: o Nuclear Power and Energy Applications o Radiological and Health Physics In summary, Tony indicated that VOIT is the only university in Canada capable of offering nuclear engineering at the bachelor, master and doctorate levels and VOlT has strong industry ties with a growing demand for students. The university opened in 2003 and currently has 5,500 students. The overheads Dr. Tony Waker used are attached as Appendix 1 and Tony can be reached at anthonv.waker@uoit.ca for more information. 4.2 Progress Report on the New Nuclear at Darlington EA Project Laurie Swami, Director Licensing Generation Development Division of OPG, provided an update of the. New Nuclear EA Project planned for the Darlington Nuclear site. The highlights of Laurie'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. . The EA and licence applications are for up to four units and up to 4800 MW of electrical capacity. . The EA must be completed before the Site Preparation Licence will be issued. . The Ontario Ministry of Energy and Infrastructure is leading a competitive process to select a nuclear reactor vendor to construct 2 units at the Darlington site. . Three internationally recognized vendors are participating in the competitive process. . Late spring 2009 is the target date for selection of the preferred vendor. . The successful vendor will construct the new reactors and turn them over to OPG to operate. . OPG is progressing well on the EA and has completed the baseline data collection and is currently working on the significance of residual effects after mitigation to be documented in the EA. 4 . The EA requires a Cumulative Effects Assessment and 34 other projects were identified and considered. . Six nearby projects that will overlap in time with the New Build are: o Growing Durham - growth plan and implementation plan o Durham and York Region Energy from Waste Facility o Highway 407 East extension o GO Transit extension from Oshawa to Bowmanville o Clarington Energy Business Park o Highway 401/HoIt Road interchange improvements . OPG is examining the environmental effects of low probability malfunctions and accidents in the EA and they are: o Conventional - inadvertent release of chemicals o Radiological - a release of radioactivity o Nuclear - serious damage to the fuel bundles and/or reactor core o Out of Core Criticality - in fuel storage areas o Malevolent Acts - an intentional attempt to cause damage . The likely but preliminary conclusions of the environmental effects predicted from the New Build are: o Primary during site preparation and construction phase o Primary within 3 kilometres of the site o Environmental effects can be managed and mitigated o There is a number of benefits to the New Build . OPG will conduct the fifth round of Community Information Sessions from April 21 to May 7, 2009 in eight municipalities. Laurie mentioned that Donna Pawlowski and Brian Devitt have arranged a meeting on April 30, 2009 from 8:30 am to 2:00 pm for DNHC members to meet with OPG officials and their consultants to dialogue on the Health Effects section of the EA. Laurie Swami or her 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.comlnewbuild or (866) 487-6006. The overheads Laurie used are attached as Appendix 2. 4.3 Progress Report on the Pickering B Refurbishment and Continued Operations EA Laurie Swami gave a brief presentation on the Pickering B Refurbishment and Continued Operations EA and the highlights were: . OPG submitted the EA to the CNSC in December 2007. . CNSC held a Public Hearing in Ajax on December 10, 2008. . CNSC announced its decision on January 26, 2009. "When taking into account for mitigation measures identified in the EA Screening Report, the Commission concluded that OPG's project is not likely to cause significant environmental effects". . In 2009, OPG will be working with the CNSC to complete the Integrated Safety Review of the Plant and OPG will be determining the financial 5 impacts on the corporation and the ratepayers for the refurbishment of Pickering B for continued operations. Laurie and her staff will advise the DNHC when the decision by the OPG Board of Directors respecting the refurbishment and continued operations of Pickering B has been made and the implications of the decision. 4.4 Progress Report from the NWMO Peter Simmons, Director, Municipal and Community Engagement for NWMO, provided a presentation on the progress being made for the long-term management of used nuclear fuel from nuclear generating stations in Canada. The highlights of Peter's presentation were: . More than 2 million fuel bundles are presently stored on an interim basis at nuclear facilities in Canada. . By 2035 approximately 4 million fuel bundles will be stored at nuclear facilities in Canada. . Presently 90% of the fuel bundles are stored at nuclear facilities in Ontario. . The interim storage safety record is excellent. . The toxicity of used nuclear fuel reduces with time but remains a potential hazard indefinitely therefore long-term management of the used fuel is necessary. . Adaptive Phased Management of the used nuclear fuel includes: o Centralized containment and isolation in a deep geological repository o Continuous monitoring o Potential for retrievability o Optional step of shallow underground storage . Canada's deep geological repository for used nuclear fuel will involve long- term partnerships between NWMO, communities and governments and an investment of $16 to 24 billion. . NWMO is developing a collaborative design for the Site Selection Process with a potential willing host community and in 2008 dialogues were convened to invite input into the siting process. The DNHC and municipal officials took part in a very useful and informative dialogue with the NWMO on October 30, 2008. . NWMO will continue the dialogues in 2009 and will focus on the Draft Site Selection Process proposal. The DNHC and municipal officials will take part in another dialogue with the NWMO on May 28,2009. . NWMO will review the public input from the dialogues and revise the selection process by the end of 2009. Peter Simmons will continue to update the DNHC on the progress NWMO is making for the long-term management of used nuclear fuel in Canada. More information on NWMO is available at www.nwmo.ca. The overheads Peter used are attached as Appendix 3. 6 4.5 Progress Report on the Port Granby EA Project Sue Stickley, Member of the Port Hope Area Initiative Team, provided a presentation on the Port Granby Project. The highlights of Sue's presentation were: . In 2006, the Municipality of Clarington consented to a submission of a 16 volume Draft EA Study Report to Responsible Authorities. . In September 2008, an addendum to the EA was submitted by the Port Hope Area Initiative to Responsible Authorities. . In May 2009, the EA Screening Report will be finalized and the EA Decision announced by the CNSC and Natural Resources Canada. . In SummerlFall 2009, the Municipality of Clarington will have 90 days to review the EA Decision and comment. . Significant commitments made to the Port Granby Project are: o In March 2008, the Port Hope Area Initiative transition phase was established and will continue until March 2011 o In December 2008, the CNSC, AECL and Natural Resources Canada signed a protocol to expedite the Port Granby Project o In Summer/Fall 2009, a licence submission will be made to the CNSC o In Fall/Winter 2009, a Decision is expected from the CNSC o Public consultation with the Port Granby Discussion Group resulted in 11 public meetings o Potential end uses are being investigated by a public, municipal and AECL committee o The Responsible Authorities have scheduled an Open House on May 27,2009 to discuss the EA Draft Screening Report Sue Stickley will keep the DNHC updated on the progress of the Port Granby Project. Sue can be reached at (866) 255-2755 or bye-mail at sticklevs@aecl.ca for more information on the Port Granby Project. 5.0 Health Effects 5.1 There was no report today. 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 unit 4 and 5 shut down for a planned maintenance outage. 7 . Pickering A has achieved more than 1.3 million hours without a lost-time accident and Pickering B employees have worked more than 3.7 million hours without a lost-time accident. . Pickering Nuclear is working with several community partners on environmental issues during Earth Week. . Pickering Nuclear offered a very successful March Break program for families with more than 2000 participants enjoying free educational activities in the Information Centre and in the community. . Pickering Nuclear staff raised more than $3000 for Big Brothers and Sisters and $1200 for a Persian New Year celebration. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or bye-mail at don.terrv@opg.com for more information. 6.2 Community Issues at Darlington Nuclear Don Terry provided an update on Community Issues at Darlington Nuclear for Jennifer Knox, Manager of Public Affairs at Darlington Nuclear who could not attend the meeting today. The highlights ofDon's presentation were: . Darlington will have all 4 units out of service by next week to allow for the Vacuum Building Outage that is required and scheduled every 12 years for testing and inspection by the CNSC. . Units 1, 2 and 4 will be out of service for 4-6 weeks and unit 3 will out of service longer for planned maintenance. . During this outage, 35,000 tasks will be completed. . The Vacuum Building Outage was started on April 16 and will continue until May 19, 2009. . Darlington Nuclear has almost achieved 3 million hours without a lost-time InJury. . Darlington Nuclear had a very successful March Break program for families and 2000 participants enjoyed free educational activities over 5 days. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 bye-mail at Jennifer.knox@opg.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 4. 7.2 Brian Devitt indicated a special DNHC and OPG Workshop is scheduled to discuss Human Health Effects for the New Nuclear at Darlington Project EA. The workshop will be held April 30, 2009 from 8:30 am to 2:00 pm at the OPG Office Building at 889 Brock Road, Pickering in the 6th Floor Boardroom. This meeting is limited to DNHC members, OPG officials and their consultants. DNHC members 8 planning to attend should advise Brian Devitt by April 28, 2009 at bri an. d evi tt((V,svrn pati co. ca. 7.3 DNHC & NWMO Dialogue Meeting Brian Devitt indicated the second DNHC, municipal officials and NWMO Dialogue meeting is scheduled for May 28, 2009 from 9:00 am to 12:30 pm at the Durham Regional Headquarters Building at 605 Rossland Road East, Whitby in meeting room IG. 7.4 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on June 19, 2009 or future DNHC meetings may include: . Progress Report on the New Nuclear at Darlington EA Project . Report from OPG on the 2008 Radiological Emissions Monitoring Program . Report from OPG on the Vacuum Building Outage at Darlington . Report from OPG on the new CSA standards and impact on new NGSs . Report on proposed changes to drinking water standards for tritium . Report on the use and supply of medical isotopes in Canada . Report on from Health Canada on medical radiation exposure in the US . Report from CNSC on safety improvements to be made at Pickering B if the refurbishment for continued operations is approved . Progress Report from Durham Strategic Energy Alliance . Report on the health studies done in the Port Hope community 8.0 Next Meeting Date June 19, 2009 Time 12:00 PM Lunch served 1 :00 PM Meeting begins Location Durham Region Health Department 605 Rossland Road East Meeting Room 1 G Whitby, Ontario 9.0 Adjournment at 3:45 PM 9 r /18 flOel.0n f,"llergizillg Olltario'~-- REPORT #1 REPORT TO COUNCIL MEETING OF MAY 11,2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 4,2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) ESD-006-09 Provincial Nuclear Emergency Response Plan - Master Plan 2009 (b) ESD-007 -09 Emergency and Fire Services - 2008 Annual Report 2. TO PERMIT REZONING OF A FARM PROPERTY TO PROHIBIT RESIDENTIAL USES THAT Report PSD-041-09 be received; THAT the application for Zoning By-law Amendment submitted by Teri Bell be approved and that the Zoning By-law Amendment, attached to Report PSD-041- 09, be adopted by Council; THAT the Durham Regional Land Division Committee be forwarded a copy of Report PSD-041-09 and Council's decision; and THAT the Region of Durham Planning Department, MPAC and all interested parties listed in Report PSD-041-09 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 May 11, 2009 3. APPLICATIONS TO AMEND THE OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN ASPHALT PLANT AND AGGREGATE TRANSFER STATION APPLICANT: LAFARGE CANADA INC. THAT Report PSD-042-09 be received; THAT the application continue to be reviewed to address outstanding issues and any concerns raised at the Public Meeting; and THAT all interested parties listed in Report PSD-042-09 and any delegations be advised of Council's decision. 4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 16, 2009 THAT Report PSD-043-09 be received; and THAT Council concurs with the decision of the Committee of Adjustment made on April 16, 2009, for applications A2009-0004, A2009-0005 and A2009-0006, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 5. ENERGY-RELATED STREET NAMES FOR THE ENERGY BUSINESS PARK THAT Report PSD-044-09 be received; THAT the Energy Business Park be approved to use energy-related street names for any new streets to be established; and THAT all interested parties listed in Report PSD-044-09 and any delegations be advised of Council's decision. 6. PROPOSAL TO CONVEY AN UNOPEN ROAD ALLOWANCE SITUATED IN LOT 27, CONCESSION 1, FORMER TOWNSHIP OF CLARKE THAT Report EGD-017-09 be received; THAT the unopen road allowance situated in Lot 27, Concession 1, former Township of Clarke be closed and declared surplus and that the road allowance be conveyed to 564069 Ontario Inc.; THAT the applicant's pay the appraised land value of $ 35,000.00, as well as all legal and other financial costs associated with the conveyance of the land; and THAT 564069 Ontario Inc. be advised of Council's decision. Report #1 3 May 11 , 2009 7. ROB PIONTEK SKATE PARK - NOISE AND LOITERING MITIGATION MEASURES THAT Report EGD-018-09 be received; THAT Council endorse increased planting, and additional barrier railings at the Rob Piontek Skate Park to be funded from the Courtice Skate Park capital account; THAT Council endorses the use of private security patrols at the Rob Piontek Skate Park in 2009 on a trial basis up to a maximum of $2000; and THAT interested parties be advised of Council's decision. 8. BOWMANVILLE B.I.A. HANGING FLOWER BASKETS/PLANTERS THAT Report OPD-004-09 be received; and THAT since the Operations Department is not able to assume the responsibility without budget implications in 2009, and since it is not the Municipality's core business to provide flower watering services to the B.I.A., that the request from the Bowmanville B.I.A. be denied. 9. CURLING CLUB THAT Report CSD-008-09 be received; and THAT no further action be taken with respect to partnering with Bowmanville Golf and Country Club for the reopening of the curling facility that once operated on their property. 10. GRANT REQUESTS - ORONO ANTIQUE AND ARTS FESTIVAL, DURHAM GIRLS' CHOIR THAT Report CSD-009-09 be received; THAT the Orono Antiques and Arts Festival be approved for a one-time grant of $1000.00 under the Community Grant Program; THAT the Durham Girls' Choir be approved for a one-time grant of $500.00 under the Community Grant Program; and THAT Ms. Annette Gray, Orono Antique and Arts Festival, and Ms. Jackie Nixon, Durham Girls' Choir, be advised of Council's decision. Report #1 4 May 11 , 2009 11. CL2009-7, NASH ROAD RECONSTRUCTION, COURTICE THAT Report COD-029-09 be received; THAT Hard-Co Construction Ltd., Whitby, Ontario with a total bid in the amount of $732,845.95 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-7, be awarded the contract for Nash Road Reconstruction as required by the Engineering Department; THAT funds required to cover the Municipality of Clarington's portion of this project, in the amount of $810,000.00 (which includes tendering, consulting and contingencies) be drawn from the 2007 & 2009 Engineering Capital Account #110-32-330-83214-7401 ; THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional Infrastructure; and THAT the By-law marked Schedule "A" attached to Report COD-029-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. 12. CONFIDENTIAL REPORT -72 % SCUGOG STREET - TAX SALE PROPERTY THAT Report FND-011-09 be received; THAT the property located at 72 ~ Scugog Street, Bowmanville, Ontario deemed as a failed tax sale not be vested by the Municipality of Clarington; THAT the Director of Finance/Treasurer be authorized to write off the property taxes as uncollectible as of March 31, 2009 in accordance with the Municipal Act 2001, Section 354 (3) and that the proportionate share of the taxes be written off to the applicable upper tier and school boards in accordance with the Municipal Act 2001, Section 353 (3) including additions to the roll for weeds and water/sewer to upper tier; THAT the municipal share be charged to the Tax Write-Off Reserve; and THAT the Director of Finance/Treasurer report back to Council in three (3) years to advise if there are more viable options available for this property. 13. CLARINGTON SPORTS HALL OF FAME THAT CSD-006-09 be lifted from the table; THAT Addendum to Report CSD-006-09 be received; THAT the Terms of Reference attached hereto as Attachment #1 to Addendum to Report CSD-006-09, be adopted as The Terms of Reference of the Clarington Sports Hall of Fame Selection Committee; Report #1 5 May 11, 2009 THAT Councillor Robinson be appointed as the Council Member to the Clarington Sports Hall of Fame Selection Committee; THAT the Municipal Clerk be authorized to place an advertisement in the local media seeking applications for the Clarington Sports Hall of Fame Selection Committee; and THAT the members of the Sports Hall of Fame Steering Committee be thanked by the Mayor and Members of Council for their contribution to the development of the Clarington Sports Hall of Fame. 14. 2009 ROTARY RIBFEST THAT CSD-007 -09 be lifted from the table; THAT Addendum to Report CSD-007-09 be received; THAT the facilities and services as requested, and as listed in Section 2.3 of Report CSD-007-09, be approved with the total cost of services being $7,070.00; THAT Council require the Bowmanville Rotary Club to provide, for the duration of the event, general liability insurance in an amount of not less than five million dollars (5,000,000) per occurrence; THAT an original Certificate of Insurance shall be submitted to the Municipality of Clarington and shall name the Municipality of Clarington as an Additional Insured; and THAT the Bowmanville Rotary Club be advised of Council's decision. 15. DELEGATION. RICHARD WARD. REGARDING OFFICIAL PLAN DESIGNATION AND AMENDMENT TO ZONING THAT the delegation of Richard Ward be received; and THAT Planning Staff be directed to answer Mr. Ward's enquiry as to what were the application requirements for the Rezoning and Official Plan Designation for the following three properties: 1) McDonalds - located along Hwy 115 2) Petro Canada and Tim Hortons located along Hwy 115 3) Two properties located between the Co-Op and Hwy 115 and the Co-Op itself. 16. REQUEST FOR STREET NAME CHANGE. MAPLEFIELD DRIVE TO RICHARD GAY DRIVE THAT Maplefield Drive in Courtice be renamed to Richard Gay Avenue; and THAT all costs associated to this request be the responsibility of Mr. Lawson Gay. Report #1 6 May 11 , 2009 17. CONFIDENTIAL REPORT - PAY EQUITY: NON AFILlATED EMPLOYEES- MERCER IMPLEMENTATION THAT Report COD-034-09 be received; THAT the verbal report by Mr. Bruce Martin from Mercer Consultants be received; THAT the Mercer Pay Equity Evaluation System be approved by Council for implementation; THAT the Pay Equity banding be reviewed for updating and possible realignment if necessary at the conclusion of the three year review period; THAT, consistent with the industry norm and Municipality of Clarington practice since 2006, future recommendations by the Pay Equity Committees regarding Pay Equity adjustments to compensation be approved by the CAO; THAT the Library Director and the Board be advised of Council's decision as the Municipality is the recognized employer for Pay Equity Purposes; THAT the Non-Affiliated group be advised of the transition to the Mercer Plan; THAT following the 90-day waiting period, if there are no objections filed with the Commission, the revised scores under the Mercer Plan be accepted as an approved amended plan for Pay Equity Purposes; THAT all appropriate polices and procedures be amended to incorporate the revised Mercer Pay Equity evaluation system; THAT in order to maintain pay equity, Department Heads and Emergency Services Deputies be adjusted by the recognition pay value if awarded to the Fire Association employees at 3%,6% and 9%, effective January 1,2010, without retroactivity to prior years; and THAT the recognition pay be incorporated into the grid rate. ClCJl-!llgton Staff Report # 1 REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: COUNCIL Date: May 11, 2009 Report #: CAO-002-09 File: By-law #: Subject: STATUS OF EFW HOST COMMUNITY AGREEMENT NEGOTIATION Recommendation: 1. That Report CAO-002-09 be received for information and/or for direction by Council. " Submitted bY~--=:;.~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717 REPORT NO.: CAO-002-09 PAGE 2 1. BACKGROUND Negotiations for a host community agreement for the EFW facility commenced in the latter part of 2007. Since then, many meetings have been held between the negotiation teams from the Region and Clarington in an attempt to find common grounds. While many issues have been resolved, and the related languages agreed to by both parties, several major issues remain outstanding. As a result of the recent resolution passed by Regional Council which directed the Region CAO to bring forth an "agreed to" agreement by the CAOs by June 16, 2009, Clarington staff requested a meeting with the Region staff in an attempt to bring closure to the negotiation; and meetings were held on April 15, 2009 and May 6, 2009. The following is a summary of the key issues that were discussed through a series of meetings since 2007. 2. ISSUES AGREED TO BY THE CAOs · Establishment of a Site Liaison Committee during construction, operation and monitoring of the EFW facility · Protection of human health and environment by guaranteeing emission standards and ensuring maximum achievable control technology (MACT) as well as monitoring systems as deemed appropriate by the Ministry of Environment · Monitoring of ambient air in the immediate vicinity for a 3 year term · Implementation of no less than $9 million value of architectural/site plan features · Commitment to a 70% waste diversion/recycling rate · Establishment of a hazardous waste depot to serve Clarington residents · Construction of Energy Drive from Courtice Road to Osbourne Road · Construction of a Stormwater Management Facility to serve the Energy Park · Construction of a private truck access lane next to the rail line REPORT NO.: CAO-002-09 PAGE 3 · Transfer to Clarington an approximately 22 acre land parcel which is surplus to the Courtice Waste Pollution Control Plant · Construction of a waterfront trail from Courtice Road to the eastern limit of Durham Region owned property · Region will not establish an ICI Waste Transfer Station in Clarington 3. MAJOR ISSUES OUTSTANDING AS OF MAY 6, 2009 Proposal by Clarington CAO · Guarantee Clarington payment in lieu (PIL) of property tax in the amount of minimum $650,000 for the EFW facility with such amount to be adjusted by CPI index · Provide Clarington $2.00 per ton royalty for any waste coming in from outside York and Durham Regions · Upgrade the sanitary sewer and water services to the Science Park at the east end of Bowmanville, north of Hwy. 401 In exchange of the foregoing, Clarington CAO agrees to recommend to Clarington Council to: . Be a willing host community for the EFW facility . Sign off on the Official Plan and Zoning conformity 4. CONCLUSION The CAOs cannot reach agreement on the foregoing outstanding issues. It would appear these issues are not likely to be resolved without political intervention. Hence, this status report is prepared to assist Council to engage Clarington Council and all Regional Councillors in the resolution of all outstanding issues. SUMMARY OF BY-LAWS May 11, 2009 BY-LAWS 2009-055 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Teri Bell/Thornlea Holsteins Ltd.) (Item 2 of Report #1) 2009-056 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to enter into agreement for the Nash Road Reconstruction, Courtice, Ontario (Item 11 of Report #1) HANDOUTS/CIRCULA TIONS COUNCIL C1~1"11~;t4I1 M E M O Leading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: .May 8, 2009 Subject: COUNCIL AGENDA -MAY 11, 2009 Please be advised of the following additions to Monday's meeting: DELEGATIONS See final list of Delegations attached. REVISED BY-LAW SUMMARY Attached please find revised By-law Summary. Patti L. Barrie, CMO Municipal Clerk PLB:mea attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS May 11, 2009 a) Harold Whorms - Applications to Amend the Official Plan and Zoning By-Law to Permit an Asphalt Plant and Aggregate Transfer Station - Lafarge Canada Inc. - (Item 3 of Report #t ) b) Louie Bertrand, Regarding Report CAO-002-09 c) Linda Gasser, Regarding Report CAO-002-09 d) Barry Bracken, Report CAO-002-09 e) Kerry Meydam, Regarding Report CAO-002-09 f) Nadia McLean-Gagnon, Regarding Report CAO-002-09 g) Gabriel Gagnon, Report CAO-002-09 h) Pierre-Philipe David, Report CAO-002-09 i) Eric McLean, Report CAO-002-09 j) Ashley Bridgeman, Report CAO-002-09 k) Michael Cuciurean, Report CAO-002-09 I) Kerry Meydam, Regarding Notice of Motion - Durham/York Waste Study m) Linda Gasser, Regarding Notice of Motion - Durham/York Waste Study n) Wendy Bracken, Regarding Notice of Motion - Durham/York Waste Study SUMMARY OF BY-LAWS May 11, 2009 BY-LAWS 2009-055 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Teri BelllThornlea Holsteins Ltd.) (Item 2 of Report #1) 2009-056 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to enter into agreement for the Nash Road Reconstruction, Courtice, Ontario (Item 11 of Report #1) 2009-057 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property 2009-058 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property 3 Cla~ri~-fin Leadingth MEMa CLERK' S DEPARTMENT Mayor Abernethy and Members of Council To: Municipal Clerk From: Patti L. Barrie, May 11, 2009 Date: Subject: COUNCIL AGENDA- MAY 11, 2009 Please be advised of the following additions to tonight's meeting: DELE~ Gp~ Council at tonight's meeting. Harold Whorms -Delegation (a) will not be addressing CORRESPONDENCE FOR INFORMATION osing the constructiontheaenvi< nment and I 6 (f) Pam Callus and Jim Osborne opp Clarington due to the adverse effects on human health, the financial cost. g) Barb Spencer objecting to the proposed Energy-From-Waste facility. CORRESPONDENCE FOR DIRECTION Host" position regarding the ton; acknowledging that D _ 1 g Barb North urging Council to maintain its "Unwilling ro ect but advising she proposed Energy-From-Waste facility to bee tlon this pn9 t the a great deal of money has already been sp feels it is better to back out of the project now than to continue and accep ne ative consequences and suffer serious health and financiaHost position future. 9 y ton and to Christine Jackson urging Council not to rescind its "Unwilling ion of Durham. D - 19 the proposed Energy-From-Waste facilit to be built in Glaring regarding put the health of Clarington residents ahead of the wants of the e9 tion to suspend the rules will be required to add the above correspondence to the A mo Agenda. CORPORATION OF ^H ~ M T 9105 623 33 9FF 9058623-650( CLERK'S DEPARTMENT MEMO STAFF REPORT(S) PAGE 2 2. Confidential Report PSD-045-09 -Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and 0.5 Ha Parkette (To be distributed under separate cover) A motion to suspend the rules will be required to add the above Report to the Agenda. BY-LAWS 2009-059 Being a By-law to authorize an amending agreement to facilitate acquisition of 71 Old Kingston Road, valley lands associated with a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice as detailed in PSD-045-09 and PSD-024-09 (Staff Report #2) i C. Anne reentree, CMO Deputy Clerk CAGcf cc: Frank Wu, Chief Administrative Officer Department Heads