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Home My WebLink About09/21/2009 Clarin n Ener izin OnLario~ g g DATE: MONDAY, SEPTEMBER 21, 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 July 13, 2009 Minutes of a special meeting of Council held August 31, 2009 Minutes of a special meeting of Council held September 8, 2009 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Bill Humber, Old Bowmanville Neighbourhood Association -Clarington Older Adult Association's Request for Additional Parking at the Clarington Beech Centre (Correspondence Item D - 15) b) Linda Gasser -Report PSD-081-09 -Dissolution of Clarington Highway 407 Community Advisory Committee (Item 5 of Report #1) COMMUNICATIONS Receive for Information I - 1 Minutes of the Central Lake Ontario Conservation Authority dated June 23, 2009 E CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILL E, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - September 21,2009 I - 2 Minutes of the Durham Nuclear Health Committee dated June 19, 2009 I - 3 Minutes of the Ganaraska Region Conservation Authority dated June 18, 2009 I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated August 11, 2009 and September 8,2009 I - 5 Minutes of the Clarington Heritage Committee dated June 16, 2009 I - 6 Minutes of the Clarington Agricultural Advisory Committee dated September 3, 2009 I - 7 Minutes of the Clarington Accessibility Advisory Committee dated September 9, 2009 . 1-8 Bob Malcolmson, CEO & General Manager, Greater Oshawa Chamber of Commerce - Canadian Technology Future at Stake 1-9 Gloria Duggan, Virginia Ervin, CEO, Durham Federal Green Party Association, and Judy Sharpe - Objection to the Proposed "Energy- From-Waste" Facility I - 10 Karen O'Brien, Community Engagement Consultation, Central East LHIN - Supportive Housing for People with Substance Use Issues I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa - Draft Environmental Assessment Report - Energy From Waste Facility 1-12 P. Madill, Regional Clerk, Region of Durham - Highway 407 East Completion Environmental Assessment (EA) - Pre-submission Review of the Draft EA Report I - 13 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA ) - Long Term Terrestrial Monitoring Programs and 2008 Annual Aquatic and Wildlife Monitoring Reports I - 14 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation, (OPG) - Update on OPG New Nuclear at Darlington Environmental Assessment 1-15 Dave Wartman, Director, Atmospheric Monitoring, Weather and Environmental Monitoring Directorate, Meteorological Service of Canada -Investigation into Weather Station in Clarington I - 16 John R. O'Toole, MPP, Durham - Control of Giant Hogweed Council Agenda - 3 - September 21 , 2009 1-17 Harshad Patel, P.Eng., B. C. Instruments, Member of the Organization of CANDU Industries - Support of CANDU Technology for Nuclear New Build I - 18 The Honourable John Baird, Minister of Transport, Infrastructure and Communities, and the Honourable George Smitherman, Ontario's Deputy Premier and Minister of Energy and Infrastructure- Infrastructure Stimulus Fund I - 19 The Honourable Dalton McGuinty, Premier of Ontario - Proposed Single Sales Tax I - 20 Oak Ridges Trail Association - Ontario Trillium Foundation Support I - 21 Ann-marie Harley, Event Organizer, Newcastle's Art Show Inc. - Letter of Appreciation for Support of Newcastle's Art Show I - 22 Barbara Karrandjas, Legislative Administrator, Town of Caledon - Mininq Act and AqqreQate Resources Act I - 23 Alex Mitchell, Matthew Marsh, Megan Barker, Wm. Bruce Luke, Wesley Werry, Caroline Matthews, Ken Andrews, Henry Gassmann, John Whitehead, Darlene Sheppard and Mark Dempster- Nomination of Various Roads to the Municipal Roads Coalition's Worst Municipal Roads Program I - 24 Doug Hately - Municipal Roads Coalition's Worst Municipal Roads Program I - 25 Goldak Airborne Surveys - Health Canada Airborne Survey I - 26 Christine A. Fahey, Project Director, Port Hope Area Initiative Management Office, AECL - Decision on the Environmental Assessment Screening Report - Port Granby Long-Term Low-Level Radioactive Waste Management Project I - 27 Lion Linda Duffie, Past President, Bowmanville Lions Club - Letter of Appreciation for Support of 14th Annual Rubber Duck Derby I - 28 Association of Municipalities of Ontario (AMO) Member Communication - Federal Gas Tax Fund Communications Update I - 29 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation - 2008 Oak Ridges Moraine Foundation Annual Report I - 30 The Honourable Jim Watson, Minister of Municipal Affairs and Housing - 2009 Reporting Requirements for the Municipal Performance Measurement Program (MPMP) Council Agenda - 4 - September 21,2009 I - 31 Durham Region Transit (DRT) - Long-Term Transit Strategy I - 32 Association of Municipalities of Ontario (AMO) Member Communication - Funding for Broadband in Rural and Northern Ontario I - 33 The Honourable Jim Watson, Minister of Municipal Affairs and Housing - Provincial-Municipal Fiscal and Service Delivery Review Update I - 34 Bruce Pearse, Chair, Land Use Council (LUC) - Proposed Species Habitat Regulations I - 35 Edmond Vanhaverbeke, President, Syvan Developments Limited - Letter of Appreciation regarding Emergency Situation in Newcastle on May 8, 2009 I - 36 Libby Smithson, Debbie Dunham, Yvonne Stefanin, Althea Chaffey, BBa Committee, Newtonville Community Hall Board - Letter of Appreciation for Support of Annual Newtonville Community Barbeque I - 37 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) - 2009 Central Lake Ontario Conservation Watershed Awards I - 38 Michael Binder, Canadian Nuclear Safety Commission (CNSC) - CNSC Staff Integrated Safety Assessment of Canadian Nuclear Power Plants for 2008 I - 39 Stu Seed house, Senior Vice-President, Darlington Nuclear - 2008 Annual Canadian Nuclear Safety Commission (CNSC) Assessment of Canadian Nuclear Stations Receive for Direction D - 1 Grace Flonk - Repairing or Paving of Lovers Lane D - 2 Bernice Watson - Loss of Acute Care Services - Lakeridge Health Bowmanville 0-3 The Honourable Bev Oda, P.C., M.P., Durham - Traffic Flow on King Street East D - 4 Association of Municipalities of Ontario (AMO) Member Communication - Ontario Transportation Demand Management (TDM) Municipal Grant Program D - 5 Association of Municipalities of Ontario (AMO) Member Communication - Draft Built Environment Standard Under the OADA Council Agenda - 5 - September 21,2009 D - 6 Bobby-Jo Penney - Opposition to the Proposed Demolition of Camp 30 D - 7 Beth Cullen-Keidann, Public Health Nurse, Region of Durham - Request to Proclaim "International Walk to School Day (IWALK) and "Walk to School Month" D - 8 Karyn Kennedy, Executive Director, and Siew Lee Brett - Request to Proclaim "Child Abuse & Neglect Prevention Month" and "Go Purple for Prevention" Campaign D - 9 Clinton Shane Ekdahl - Request to Proclaim "Day of the Honey Bee" D - 10 Donald G. Duthie, Sponsoring Chairman, 172 Clarington Osprey Squadron, Royal Canadian Air Cadets - Request for Tag Weekend D - 11 Ive Balins, Crohn's and Colitis Foundation of Canada - Request for Proclamation of "Crohn's and Colitis Awareness Month" D - 12 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, Christine Norris, President, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and Peter Hume, President, Association of Municipalities of Ontario (AMO) - Request to Proclaim "Local Government Week" D - 13 Kim Majid, President, Bowmanville Tennis Club, Pat Marjerrison, Melanie and Rod Mcarthur, Jo-Anne L. James, Allison Fellowes Strike, Timothy James, Sally Christmas, and Dorothy Kelly - Bowmanville Tennis Club D - 14 Douglas Morgan - Development on Beech Avenue D - 15 Bill Humber, Representative of the Old Bowmanville Neighbourhood Association - Clarington Older Adult Association's Request for Additional Parking at the Clarington Beech Centre D - 16 Brittany Johnston - Safety Concerns With Intersection of Division Street and Wellington Street D - 17 Chuck and Gail MacDonald, Dr. Edwin J. Bounsall, Gary Cole, Shirley Fowler and Jean Severs - Continued Use of the West Beach D - 18 Sid Ryan, President, Canadian Union of Public Employees (CUPE) and Tracy Saarikoski, President, The Ontario Coalition for Better Child Care (OCBCC) - Request to Proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" D - 19 Newcastle Business Improvement Area - Extension of Street Closure of King Avenue for the Annual Fall Festival Council Agenda - 6 - September 21,2009 D - 20 Kerry Meydam - Resignation from the Samuel Wilmot Nature Area Management Advisory Committee D - 21 Sandy Archibald, First Impressions Exchange Co-ordinator - First Impressions Program D - 22 Teresa Van Raay, Pork Producer, South Western Ont;3rio - Support for Canadian Pork Industry D - 23 Tracey Burrows, Committee Clerk, City of Burlington - Disposition of Surplus Real Property D - 24 Glen R. Knox, County Clerk, County of Simcoe - Hospital Funding Gap D - 25 Mike Roche, Social Action Director, Multiple Sclerosis Society, Durham Region Chapter - Width of Sidewalks D - 26 Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee - Donation Request - Grand River Flood 2009 D - 27 Angie Hache, City Clerk, City of Greater Sudbury - Proposed Workplace Fatalities Family Bill of Rights D - 28 Angie Hache, City Clerk, City of Greater Sudbury - Employment Insurance Reform D - 29 Dave Burton, Warden, County of Haliburton - Trent Severn Water Panel Report "It's All About the Water" D - 30 James W. Hale, President, Newcastle Recycling Limited - Request to Meet Respecting Ongoing Business Issue D - 31 The Corporation of the Township of Woolwich - Support for a review of Chapter 27, Sec. 5(2) of the Development Charqes Act 1997 D - 32 Doug Reycraft, Chair, Community Schools Alliance - Accommodation Review Committee Process D -33 The Township of Madawaska Valley - Support for Personal Support Workers Providing Home Care Services D - 34 Suzanne Strasberg, MD, President, Ontario Medical Association (OMA) - Menu Board Labelling D - 35 Debbie Leroux, Clerk, Township of Uxbridge - Provincial Underserved Area Plan D - 36 Margaret H. Polman - Seniors' Sidewalk Snowclearing Council Agenda - 7 - September 21 . 2009 D - 37 Sandra and David Walton-Ball- Historic Bond Head Welcome Sign D - 38 Corporation of the Town of New Tecumseth - Harmonization of Taxes D - 39 Pamela Malott, Chief Administrative Officer, Town of Amherstburg - MPAC Evaluation of Solar Energy Development D - 40 Jill McKinney, Executive Director, Show Kids You Care, a Trinity Global Support Foundation - Public Launch of Breakfast Club D - 41 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee - Battery Caged Egg Productions D - 42 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee - Purchase of Locally-Produced Food D - 43 Debbie Thompson, Legislative Services Supervisor/Deputy Clerk, Town of Caledon - Development of an Economic'Development Strategy Regarding Farming and Municipalities in the Greenbelt COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of September 14, 2009 STAFF REPORT(S) 1. Report CLD-016-09 - Compliance Audit - John Mutton 2006 Election Campaign 2. Report PSD-088-09 - Application for Removal of Part Lot Control- CCCC Durham West Ltd., Port of Newcastle Plan 40M-2327 3. Report CAO-006-09 - Employee Groups Contribution to Budget Shortfall BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT CrilJgtnn Council Meeting Minutes JULY 13, 2009 Minutes of a regular meeting of Council held on July 13, 2009, at 7:07 p.m., in the Council Chambers. Prior to the start of the meeting, a moment of silence was observed to acknowledge Private Alexandre Peloquin, Corporal Martin Dube, Corporal Nicholas Bulger, Master Corporal Charles-Phillipe Michaud, Corporal Martin Joannette and Master Corporal Patrice Audet, Canadian soldiers fallen in the line of duty in the last month. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Councillor A. Foster (due to vacation) Chief Administrative Officer, F. Wu Manager of Transportation and Design, L. Benson, attended until 11 :34 p.m. Director of Community Services, J. Caruana, attended until 11 :34 p.m. Solicitor, D. Hefferon Manager of Special Projects, F. Langmaid, attended until 11 :34 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 11 :34 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11 :34 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 11 :34 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 11 :34 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Staff Report #2. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Staff Report #6. Council Meeting Minutes - 2 - July 13, 2009 ANNOUNCEMENTS Councillor Novak announced that she, along with Councillors Hooper, Trim and Woo attended the Lakeridge Health Corporation's Annual General Meeting. Councillor Novak was pleased to acknowledge that things are moving in the right direction. Councillor Woo announced that local artist, Anastasia Tiller, is exhibiting "Tapestry of sentimenT", on display at Art space on the mezzanine level of the Clarington Public Library, Bowmanville Branch from July 6 to August 1, 2009. Mayor Abernethy announced the Mayor's 4th Annual Golf Tournament will be held on July 16, 2009, at the Bowmanville Golf and Country Club. Mayor Abernethy advised that sponsorships are still available and that funds raised will support the new Ganaraska Forest Centre. MINUTES Resolution #C-424-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on June 29,2009, be approved. "CARRIED AS AMENDED" (See following motion) Resolution #C-425-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Resolution #C-413-09 on Page 26 of the June 29, 2009, Council minutes, be amended to replace the name of Councillor Trim with the name of Councillor Hooper, and to replace the name of Councillor Robinson with the name of Councillor Foster. "CARRIED" The foregoing Resolution #C-424-09 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 3 - July 13, 2009 PRESENTATIONS Dan Remollino, MTO Project Manager and Doug Allingham, Consultant Project Manager, 407 Project Team - 407 East Environmental Assessment & Preliminary Design Study addressed Council to provide a status update on the 407 East Environmental Assessment & Preliminary Design Study. Mr. Allingham introduced Dean Kemper, Preliminary Design Manager for the project through Clarington. Mr. Allingham acknowledged that the study is comprehensive, complex and has been carried out in a relatively short timeframe and expressed appreciation to Council and staff for their cooperation. Through use of a PowerPoint presentation, Mr. Allingham reviewed the Preliminary Design Activities, noting the Draft EA report and associated reference documents are complete and available for a five-week review period, with comments requested by July 20, 2009. Mr. Allingham provided background information on the recommended design, indicating the Mainline from Brock Road to Highway 35/115 is approximately 50 kilometres, there are north-south freeway links connecting the proposed extension to Highway 401, each 10 kilometres in length, and a 60m Right-of-Way protection for a dedicated transitway. Mr. Allingham provided a status review of the pre-submission document. He noted there are three components to the report with Volume 1: Main Report - Executive Summary and 12 Chapters, Volume 2: Appendices; and, reference documents. He highlighted the information contained in the 12 significant chapters and outlined documents included as appendices and reference documents. Included in the reference documents are the Problems and Opportunities Report, Transportation Alternatives Report, Route Alternatives Report, Route Refinements and Preliminary Design Alternatives Report, Impact Assessment Reports, Consultation Record and Natural Environment Field Investigation Report. Next steps in the process will include revising and finalizing the EA Report and reference documents as appropriate, taking into consideration input received, submitting the Final EA Report to the Minister of the Environment for Formal Review and approval this summer. Once the final EA has been submitted, written comments will be sent directly to the Ministry of the Environment Project Officer with copies to the Ministry of Transportation. Mr. Allingham noted the formal Ministry of the Environment review process will encompass a minimum of 31 weeks based on no timeouts. He also advised a Federal Screening Report is in the process of being created with the submission of a draft report to CEAA in mid-July and a target date for completion of a Final Report in August, 2009. Mr. Remollino provided information on the implementation process, noting in January 2009, the Province announced that it will retain ownership and control of the 407 Eastern Extension and that the extension will be tolled to facilitate construction/ maintenance and free up funds for other transit projects. He stated a key message from the announcement is that the Province has learned valuable lessons from experience, that the tolling will be regulated and there will be a high quality of customer service. Mr. Remollino stated that work is being done with respect to implementation but that no final decisions have been made at this time. He noted that the implementation is subject to the required environmental approvals, property acquisition and completion of necessary works, with the objective of a 2013 opening. Council Meeting Minutes - 4 - July 13, 2009 Mr. Remollino stated beyond the EA stage they will continue to consult with stakeholders during the review and approval process, meet with municipalities, regulatory agencies and the public, continue with field work and undertake design elements to support implementation as the project proceeds. Once EA approval has been received, consideration will be given to starting the expropriation process. Mr. Remollino echoed the comments of Mr. Allingham thanking Council and staff for their cooperation during the process. Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older Adult Association, addressed Council to present the findings of the 12-Month Parking Project. Through use of a PowerPoint presentation, Ms. Darlison and Mr. Evans reviewed the Association's efforts over the last 12 months responding to Municipal staff parking recommendations and presented the Association's findings, conclusions and recommendations. Mr. Evans acknowledged that the Association has worked through the list of municipal potential solutions including signage, car pooling, other transport modes, parking on the grass, the use of parking attendants, flexible programming and Bowmanville Tennis Club contingency parking. Mr. Evans stated the Beech Centre has had many sold-out special events where the car park was filled to overflowing. He stated the original parking study had suggested that some members were not aware of parking in the south parking lot, and in response, various signage was installed, portable signs were used and information was posted on the electronic notice board. Mr. Evans stated an extensive carpool campaign included COAA newsletter articles, reminders on event tickets, electronic notice board updates, membership carpool surveys and the adoption of a distinctive logo "It's Cool to Carpool", noting the Board was pleased overall with the carpooling outcome. Other modes of transport were encouraged noting that walking was limited to physically able residents who live nearby and was dependent on weather conditions, the Association did not have success with securing Durham Region Transit service rerouting closer to the Centre, drop offs were not available to most members and that taxicab service was expensive. In response to parking on the grass, Mr. Evans noted it created up to 30 overflow spots but was not available during the winter and spring months and that uneven terrain was cause for concern with the risk of slipping, tripping and falling and parking on the grass was not popular with the neighbours. He confirmed that the use of parking attendants was a positive experience that will be continued; noting however, that there is difficulty at times securing volunteers and it requires significant staff involvement and coordination. Mr. Evans noted tandem/valet parking was successful for event and kitchen volunteers year round; however, it was not suitable for general membership use. With respect to flexible programming, Mr. Evans advised that parking capacity was introduced as a parameter in program scheduling, daily parking requirements of regular programs were more evenly spread, anticipated additional program space will enable staggered class start times and that the use of satellite programming was helpful. Mr. Evans also stated that the Bowmanville Tennis Club was provided with a listing of COAA events with some non-compliance issues encountered. Mr. Evans advised there is still a parking capacity shortfall with only 77 on-site parking spots and with successful carpooling and other transportation modes, the present car park can accommodate only 150 attendees and there is a need to accommodate 250 people at the Centre during frequent high attendance events. Council Meeting Minutes - 5 - July 13, 2009 There is inadequate overflow parking for six months of the year. Mr. Evans urged Council to commit to developing a permanent solution to the parking shortfall, that the solution not encroach on green space, that the existing tennis court be the preferred option and that the Bowmanville Tennis Club be afforded the opportunity to relocate. Mr. Evans stated he believes that the Clarington Older Adult Association will be located at the Beech Centre for many years to come and urged Council, on behalf of their 1000 members, to accept the report in the spirit it is given and to develop an engineered solution to the parking problems at the Beech Centre. DELEGATIONS Linda Gasser addressed Council concerning Item 5 of Report #1 - Report PSD-071-09 - DurhamlYork Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. Ms. Gasser expressed concern with changes to staff Recommendations 2 and 3 of Report PSD-071-09 which were provided by memorandum to Council at the General Purpose and Administration Committee meeting on July 6,2009, in order to be consistent with the Host Community Agreement. Ms. Gasser stated public, staff and peer review comments have improved and strengthened the EA documents and are a benefit to the Project Team and proponents. She is concerned that the amendment terminates staff and peer reviewer pre-submission work, although many items are still outstanding; precludes staff and peer reviewers from reviewing the final EA documents to ensure that suggested changes were included; precludes responding to post submission issues, sends the message that Clarington Council is not committed to ensuring that the proponents and/or the Ministry of the Environment properly address issues of concern to the municipality or build a safe facility; exposes the public and the corporation to unidentified risks; and, wastes taxpayers money spent to date by not allowing staff and peer reviewers to continue with important phases. Ms. Gasser urged Council to defeat the GPA amendments and to reinstate the original staff recommendations to permit staff and the reviewers to complete their work on the EA. Ted Bounsall addressed Council, on behalf of the Bowmanville West Beach Association, representing seven seasonal cottage owners, concerning Correspondence Item D - 4 - Expropriation of the Port Darlington Harbour Company Lands. Mr. Bounsall stated the cottage owners lease their land from the Port Darlington Harbour Company and are hoping that they will continue to be able to lease their cottage land from the municipality following the expropriation. Mr. Bounsall stated the cottage owners' lots represent only 19% of the entire area and they have no objection to the development of the rest of the lands into parkland, and in fact, could provide a sense of security and be the eyes and ears of the park. Mr. Bounsall confirmed that all cottage-owners have insurance coverage and that they will continue to maintain coverage and this could be a requirement of any lease agreement. Council Meeting Minutes - 6 - July 13, 2009 Jean Severs addressed Council concerning Correspondence Item D - 4 - Expropriation of the Port Darlington Harbour Company Lands. Ms. Severs spoke personally of the history and what the west beach community, which has existed for over a century, means to the cottage owners. She stated at one time there were 32 cottages, noting some cottagers have been coming to the beach for 60 to 80 years. Ms. Severs stated cottage owners clear the beach of debris, cut grass, rake around the buildings, and plant gardens. She stated because they treasure their time at the beach, the owners were hoping to continue to use their cottages in the summer at least until the park is developed and would cooperate fully with the municipality. Gabbie Kirkwood and Clarke Morawetz addressed Council concerning Correspondence Item D - 7 - Petition - "Save Camp 30". Ms. Kirkwood stated she started a small Facebook group to generate interest in saving Camp 30 and developed a petition which she placed in local shops for three weeks. During that period 700 people signed the petition in support of saving the historically significant camp. Ms. Kirkwood feels the preservation of the site would benefit tourism and real estate and expressed concern that future generations will not be able to experience the site and learn Canadian history if historical sites are destroyed. Ms. Kirkwood requested Council to consider preserving the land that played a role in Canada's freedom and to request that the Kaitlin Group sever the land to preserve Canada's heritage. Ms. Kirkwood submitted a petition in support of Saving Camp 30. Clarke Morawetz, President, Architectural Conservancy of Ontario, Clarington Branch, addressed Council advising he represents a new group attempting to save Camp 30 and advised their next meeting will be held on July 22, 2009, at the Sara Jane Williams Heritage Centre. Linda Gasser addressed Council concerning Item 3 of Business Arising from Notice of Motion - Tabled Resolution #C-015-09 - "NoWaste by '38 Plan", questioning the merits of the tabled motion as Mayor Abernethy had stated to the media that the motion was not intended to put any policies in place; but Ms. Gasser notes that the motion addresses matters that would require many policy changes at all levels of government. Ms. Gasser responded to individual points outlined in the motion indicating that developing a waste management strategy after incineration will be too late and that the Province and the general public will not have confidence in the Region to develop such a strategy given their decision to approve incineration, the most expensive disposal option, and to refuse to consider cheaper, more sustainable and flexible strategies. Ms. Gasser urged Council to defeat the motion and advised that she and many others will continue to press the Province, Durham Region and Clarington Council for genuine Zero Waste strategies that avoid incineration. Council Meeting Minutes - 7 - July 13, 2009 Resolution #C-426-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended and that Louis Bertrand be permitted to address Council regarding Item 5 of Report # 1, specifically with respect to Attachment #14 of Report PSD-071-09 - DurhamNork Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. "CARRIED" Louis Bertrand addressed Council concerning Item 3 of Business Arising from Notice of Motion Tabled Resolution #C-015-09 - "NoWaste by '38 Plan" stating he is baffled as to why this motion is being brought forward at this time, in advance of a staff report and noting that the report presented to the Region by Golder Associates in 2009 has a plan to achieve 70% by 2011. Mr. Bertrand stated successful waste reduction programs depend on consultation with the public and questioned how the Municipality and the Region will convince the public that there will be frank and open discussion. Mr. Bertrand stated incineration is the most costly and least flexible way of dealing with residual waste and is incompatible with a Zero Waste Strategy. He encouraged Council to investigate reduction as the way forward, as diversion is an end-of-life solution. Louis Bertrand addressed Council concerning Item 5 of Report # 1 , specifically with respect to Attachment #14 of Report PSD-071-09 - DurhamNork Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre- Submission. He expressed concern that there were 31 items that should be followed- up and checked in the final report and questioned how these items will be addressed to the satisfaction of the reviewers if they are not able to check the final submission. Mr. Bertrand noted there were several items the reviewers insisted should be in a separate report. Mr. Bertrand acknowledged that most of the review points do not substantially change the report, but th~t the job is not finished and stated that doing due diligence can never be construed as opposition to a project. Wendy Bracken addressed Council concerning Item 5 of Report #1 - Report PSD-071- 09 - DurhamNork Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission stating that she is outraged that recommendations in the staff report were changed from adopting the report, including the attachments, to simply referring the report to the Region and the Ministry of the Environment, and by deleting recommendation 3 of the original report, staff and peer reviewers have been shut down at a critical phase of assessment with many outstanding issues needing to be addressed. She questioned what would motivate Council to cut short the work of Clarington's own peer reviewers, noting the intent was to check the work of the Project Team and disagreed with the rationale provided by the Chief Administrative Officer that the changes made were necessary as Clarington, as a willing host, cannot oppose the project. Council Meeting Minutes - 8 - July 13, 2009 Ms. Bracken stated the Host Community Agreement is outside of the Environmental Assessment process and that Clarington must do its due diligence and complete the peer review. She stated there are outstanding concerns and items that the peer reviewers were not satisfied with the response received from the Project Team. Ms. Bracken urged Council to reject the amendments and adopt and strengthen the original staff recommendations. Terry Tiller advised prior to the meeting that he would not be addressing Council. Resolution #C-427 -09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Rules of Procedure be suspended to permit the PowerPoint presentation of Doug Anderson to be installed on the Council Lectern Computer. "CARRIED" Resolution #C-428-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:14 p.m. Doug Anderson addressed Council concerning Item 3 of Business Arising from Notice of Motion - Tabled Resolution #C-015-09 - "NoWaste by '38 Plan". Mr. Anderson commended Mayor Abernethy for proposing the motion which matches what the public has been advocating for the past two or more years, namely, zero waste. Through use of a PowerPoint presentation, Mr. Anderson highlighted findings of the Deloitte Business Case which had postponed the Region's targeted 70% diversion rate to 2020 which effectively guarantees the 100,000 tonnes of waste per year required to keep the incinerator operational. Mr. Anderson expressed concern with the Deloitte case noting that if the 70% diversion rate is achieved by 2010, the projected tonnage is less than 100,000 tonnes. Mr. Anderson stated increased diversion is incompatible with incineration and he will be submitting his comments to the Ministry of the Environment as part the Environmental Assessment process. Mr. Anderson expressed concern that the Golder and Associates Report presented to Regional Council detailing a plan to achieve 72.7% waste diversion by 2013 was shelved and the focus was placed on incineration. Mr. Anderson expressed support for the motion, but felt it was unfortunate it was not adopted back in January. Council Meeting Minutes - 9 - July 13, 2009 Kerry Meydam addressed Council concerning Correspondence Item I - 6, Item 5 of Report #1 , and Items 1 & 3 of Business Arising from Notice of Motion - Energy-From- Waste. Ms. Meydam applauded Council for attempting to keep St. Marys Cement from burning Toronto garbage in any form but questioned why restrictions have not been placed on other municipality's refuse. She also questioned the rationale for Council to approve the incinerator Environmental Assessment before all reports and peer reviews were completed. Ms. Meydam expressed concern with the lack of any studies regarding how the incinerator will impact on Lake Ontario by adding more dioxins, furans, mercury and heavy metals. She also wondered why the burning of restricted types of waste by St. Marys Cement was of such concern to Council when burning of plastics, hazardous waste, etc. will end up in the incinerator. Ms. Meydam confirmed that she is not in support of the St. Marys Pilot Project and has supported the Municipality's attempts to stop it through the present zoning restrictions but that she is concerned with the overall issue and not just Toronto's garbage. Bert Kortekaas addressed Council concerning Item 5 of Report #1- Report PSD-071- 09 - DurhamIYork Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. Mr. Kortekaas expressed concern with the capacity numbers mentioned in Report PSD-071-09 referencing 400,000 tonnes per year and feels that it would be a grave mistake to adopt the report and to agree to any motion which would preclude Clarington Council's involvement in any future incinerator-related matters or concerns. Mr. Kortekaas stated Council still has time to stand firm and protect the right of citizens to live in a clean environment with as little risk as possible and to protect the atmosphere for future generations. Resolution #C-429-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended and that Kristin Robinson be permitted to address Council concerning Item 1 of Business Arising from Notice of Motion - Burning of Toronto Garbage at St. Marys Cement Plant. "CARRIED" Kristin Robinson addressed Council concerning Item 1 of Business Arising from Notice of Motion - Burning of Toronto Garbage at St. Marys Cement Plant. She expressed concern that St. Marys will be burning plastics that produce toxic emissions and feels that public health is more important than an experiment. She also questioned why the Host Community Agreement includes a clause that Clarington will receive $10 per tonne for burning Toronto garbage and suggested that the Municipality not burn any garbage at all. Council Meeting Minutes - 10- July 13, 2009 COMMUNICATIONS Resolution #C-430-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 7,1- 9, I - 10, 1- 12, I - 15, 1- 20, 1- 23, and 1-24. "CARRIED" 1- 1 Minutes of the Energy-From-Waste Site Liaison Committee dated May 20,2009. I - 2 Danielle Colliver, Community Relations Assistant, Kawartha Conservation, forwarding informational materials regarding Drinking Water Source Protection, a program initiated in 2006 to protect sources of drinking water for the future, and a copy of the "Update on Conservation", Kawartha Conservation's Newsletter, Summer 2009. 1-3 Peter Marcucci, V.P. Regulatory Affairs, Electrical Safety Authority (ESA), advising of the increasing number of inadvertent shock incidents caused by faulty electrical wiring in street lights; reminding Ontario municipalities that it is their responsibility under the Ontario Electrical Safety Code (OESC) to maintain their street lighting poles and inspect for potential hazards; recommending that all municipalities examine their street lighting assets to ensure they are safe; and, inviting staff to a symposium on August 20,2009 on street lighting issues to provide a forum to ask questions and learn from the experience of other municipalities. Additional information is available at www.esasafe.com. 1-4 Roger Anderson, Regional Chair, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, congratulating the Province on moving forward with the Green Enerqy Act, welcoming the creation of the Renewable Energy Facilitation Office as mandated under the Act; highlighting the advantages of locating the Facilitator's Office in Durham and advising that the Region is an ideal location to nurture and grow the new crop of green technologies and industries; indicating that Durham Region has many excellent locations across the Region to locate the Facilitator's Office; and, hoping the Province will recognize the advantages of locating the Facilitator's Office in Durham Region and inviting the Premier to discuss the possibility further. Council Meeting Minutes - 11 - July 13, 2009 1-5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24,2009, Regional Council adopted the following resolution pertaining to the Draft Waste Management By-law Consultation Plan: "a) THAT staff be directed to implement the consultation process as outlined in Report No. 2009-WR-11 of the Commissioner of Works with the area municipalities, the residents of The Regional Municipality of Durham, and other stakeholders to receive input on the development of a Regional Municipality of Durham Waste Management By-law; and b) THAT staff report back in the Fall of 2010 with a proposed Regional Municipality of Durham Waste Management By-law based on the input of the consultation process." I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility due to health risks, increased pollution, lack of adequate monitoring and safety precautions; requesting Council to think of the health of future generations; requesting Council to read and sign the petition: Stop the Durham Region Incinerator at http://www.thepetitionsite.com/tell a firend/4591382 and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Nancy Coffin b) Suzanne Prescott and Family c) Christine Jackson d) Adrian Horan e) Kim Broil f) Doug and Ellen Simpson g) Nancy Gifford h) Betty Crozier I - 8 Lynn Bury, Director, Marketing and Recruitment, HealthForceOntario Marketing and Recruitment Agency, advising as part of the Community Partnership Program, the Agency is presently hiring a partnership coordinator to work in each Local Health Integration Network (LHIN) area to support and augment the work of the community recruiters and health care organizations in physician recruitment and health human resources planning; introducing Amanda English, the Central East LHIN Partnership Coordinator, who brings an impressive portfolio of public and private sector experience to the position, with a particular emphasis on the heath care industry; and, advising that Amanda can be reached at a.english@healthforceontario.ca or 416-573-0211. Council Meeting Minutes - 12 - July 13, 2009 1-11 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to an Application to amend the Durham Regional Official Plan to permit a golf driving range facility in the prime agricultural areas designation in the Municipality of Clarington - Amendment #130 to the Durham Regional Official Plan: "a) THAT Amendment #130 to the Durham Regional Official Plan to permit a golf driving range facility, as contained in Attachment 2 to Report #2009-P-44 of the Commissioner of Planning, be adopted; b ) THAT written notice of the above decision be given pursuant to the provisions of the Planninq Act, as amended: and c) THAT a copy of Report #2009-P-44 be forwarded to the Municipality of Clarington, and the Ministry of Municipal Affairs and Housing. " 1-13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to revisions to the Sewer Use By-law (43-2004) to explicitly address the connection of foundation drains and private drains to the sanitary sewer system: "a) THAT Sewer Use By-law #43-2004 be revised to explicitly address the connection of foundation drains and private drains to the sanitary sewer system; b) THAT the foundation Drain Policies, as outlined in Attachment No.2 to Report No. 2009-W-61 of the Commissioner of Works, outlining The Regional Municipality of Durham's policies and by- laws be issued to local municipalities within the Regional Municipality of Durham for public display; and c) THAT a copy of Report No. 2009-W-61 be forwarded to the local municipalities within the Regional Municipality of Durham." Council Meeting Minutes - 13 - July 13, 2009 I - 14 Suzanne Osborne, Participant Funding Program, Canadian Environmental Assessment Agency, advising $150,000 is available under the Agency's Participation Funding Program to assist groups or individuals in participating in the environmental assessment of the proposed Darlington New Nuclear Power Plant Project at the existing Darlington Nuclear site to help successful applicants review the Envjronmentallmpact Statement (EIS) that will be prepared by the proponent and to prepare and participate in the public hearings to be announced at a later date. The Participant Funding Program Guide, the application form and the contribution agreement are available on the Agency's Web site at www.ceaa-acee.qc.ca. Applications received by July 20, 2009, will be considered. I - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 24, 2009, Regional Council adopted the following resolution pertaining to Energy-From-Waste (EFW) Risk Assessment and Environmental Surveillance: "a) THAT the final Site Specific Human Health Risk Assessment (SSHHRA) for the proposed 140,000 tonnes EFW facility is accepted and submitted to the Ontario Ministry of the Environment for its review, if and when the EFW environmental assessment is approved, subject to it being in concordance with the caveats expressed in Appendix D of Report #2009-COW-01; b ) THAT if the EFW environmental assessment is approved and the proposed EFW facility is constructed, once operational, an environmental surveillance program is implemented in accordance with all applicable legislation, policies, guidelines, and instruments and the following guiding principles: i) THAT continuous and periodic stack testing of chemical emissions, including dioxins and furans, that meet or exceed the more stringent of the Ontario Guidelines A-7 and EU Directive chemical emissions standards forms the basis of environmental surveillance in accordance with the International Best Practices Review, ii) THAT stack testing be supplemented by independent ambient air and soil testing for a minimum of three years at which time its effectiveness will be evaluated, jii) THAT independent testing of flora and fauna be considered if in-stack, ambient air and soil test results regularly exceed levels predicted by the SSHHRA, Council Meeting Minutes - 14 - July 13, 2009 iv) THAT stack testing not be supplemented by human biomonitoring, and further that in the future human biomonitoring not be precluded as an option; v) THAT the environmental surveillance results are communicated to the public in as an accessible, accurate, open, timely, transparent, and understandable a manner as possible, vi) THAT a Durham waste diversion and management advisory committee, or similar advisory group, which is appointed by and is accountable to the Regional Council, is in place to act as a forum for, and comprises Clarington and Durham residents and representatives from Clarington; the EFW facility, Ontario Ministry of the Environment (MOE), and the Region of Durham to access, monitor, review, and advise the Region on the effectiveness of the environmental surveillance program, independent environmental testing, the quality of public reporting of environmental performance of the facility, and other related strategic waste diversion and management issues, vii) THAT the Health Department is consulted by the MOE before it finalizes its requirements for the Region's environmental surveillance program; c. THAT the Region continue to pursue the goal of 70% waste divers.ion and to advocate for amendments to the Waste Diversion Act. 2002 to be enacted and implemented; d. THAT the Region adequately supports the environmental surveillance program independent environmental testing, the public reporting of environmental surveillance data, and the work of the proposed Durham waste diversion and management advisory committee; e. THAT the Minister of the Environment, Durham's MPPs and municipalities, Joint Waste Management Group, Site Liaison Committee, and the Regional Municipality of York be so advised." 1-17 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24,2009, Regional Council adopted the following resolution pertaining to the Host Community Agreement - The Regional Municipality of Durham and the Corporation of the Municipality of Clarington: Council Meeting Minutes - 15 - July 13, 2009 "a) THAT the Host Community Agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington be approved; and b ) THAT the Regional Chair and Clerk be authorized to execute all required documents," I - 18 John R. O'Toole, MPP, Durham, thanking Council for keeping him informed of the Highway 407 East EA and Preliminary Design Study Pre..Submission Review; advising that due to previous commitments he will not be able to attend the July 6th General Purpose and Administration Committee meeting; and, reiterating his disappointment that the 407 North/South connecting link is not integrated with Holt Road. I - 19 John R. O'Toole, MPP, Durham, providing an update regarding nominations for the Leading Girls Building Communities Award, an Award recognizing young women who demonstrate exceptional leadership to improve the lives of others and champion issues that lead to positive social change in their schools, communities or province. Mr. O'Toole advises that the nominations will take place in the Fall of 2009, and that he will keep the municipality informed of any additional information provided by the Honourable Deb Matthews, Minister Responsible for Women's Issues. I - 21 John R. O'Toole, MPP, Durham, forwarding a copy of a news release from the Ontario Health Coalition regarding their report "Putting Patients At Risk: Interviews with Ontario Paramedics on the Consequences of Closing Local Hospital Emergency Departments"; advising that all paramedics interviewed stated that ambulances cannot replace the functions provided in local hospitals' emergency departments; and, forwarding a copy of a summary of the report advising he would be pleased to forward a copy of the full report if requested and that further information is available at www.ontariohealthcoalition.ca. 1-22 John R. O'Toole, MPP, Durham, forwarding a copy of his correspondence to the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, supporting the Municipality's position to request that Giant Hogweed be added to the list of noxious weeds to enable municipalities to better control the highly invasive plant. Council Meeting Minutes - 16 - July 13, 2009 I - 25 David Ryan, Chair, Canadian Association of Nuclear Host Communities (CANHC), writing to the Honourable Lisa Raitt, Minister of Natural Resources, acknowledging the recent occurrence at the AECL Chalk River Laboratory and its subsequent temporary closure and potential shortage of radioisotopes for medical diagnoses and treatment; recognizing that AECL was provided the mandate to continue this business only until 2016 and expressing concern that the Canadian Government may get out of the business of producing medical radioisotopes and ultimately forsake nuclear research entirely; urging the Federal Government not to abandon its role in nuclear technology and respectfully requesting that the Federal Government commit to the continuous operation of the Chalk River Facility beyond 2016, and work towards restoring the confidence of all involved in the nuclear industry. 1-7 Leigh Winn-Kruck, Lakeridge Health Corporation, forwarding a copy of the statement read by Dr. Tony Stone at the Clarington Council meeting of June 15, 2009, confirming that Bowmanville Hospital will continue to provide the same quality service it currently provides and that there will be no reduction of services; that Dr. Stone or Kevin Empey, President and CEO, Lakeridge Health Corporation only will make public comments as discussions continue; and, requesting that all citizens, service clubs, business and industry of Clarington pledge their financial support for the Hospital Foundation as they move forward with much needed renovations to the hospital. 1-12 Tony Doyle, University of Ontario Institute of Technology (UOIT), Leigh Winn-Kruck, Lakeridge Health Corporation, (LH) and Dr. Ronald Stead, Holburn Biomedical Corporation, announcing that UOIT, LH and Holborn have signed a Letter of Intent to enter into a lab training and research partnership to develop research and training centred on laboratory diagnostics to meet future needs for enhanced skill sets required in modern medical laboratories. In addition to further enhancing medical education and research in Durham Region, it is also anticipated that the partnership will help attract other health care and research-oriented businesses to the area. 1-24 The Honourable David Caplan, Minister of Health and Long-Term Care, thanking Council for sharing their views regarding acute care services at Lakeridge Health Bowmanville; acknowledging the commitment of Lakeridge Health Corporation to keep the Emergency Department and acute care services at the Bowmanville hospital site; and, encouraging Council to continue to engage Lakeridge Health and the Central East LHIN on services for Clarington. Council Meeting Minutes - 17 - July 13, 2009 Resolution #C-431-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 7 from Leigh Winn-Kruck, Lakeridge Health Corporation, with respect to the future of Lakeridge Health Bowmanville, be received for information; and forwarded to Amanda English, Central East LHIN Partnership Coordinator; THAT Correspondence Item I - 12 from Tony Doyle, University of Ontario Institute of Technology (UOIT), Leigh Winn-Kruck, Lakeridge Health Corporation, (LH) and Dr. Ronald Stead, Holburn Biomedical Corporation, with respect to medical diagnostics research and training partnership opportunity, be received for information; and forwarded to Amanda English, Central East LHIN Partnership Coordinator; and THAT Correspondence Item I - 24 The Honourable David Caplan, Minister of Health and Long-Term Care, with respect to acute care services at Lakeridge Health Bowmanville, be received for information; and forwarded to Lakeridge Health Corporation and to Amanda English, Central East LHIN Partnership Coordinator. "CARRIED" 1-9 Fred and Sandy Archibald, Archibald Estate Winery/Cider House Golf, expressing appreciation to Council, on behalf of Big Brothers/Sisters of Clarington and Archibald Orchards & Estate Winery, for supporting the 10th Annual Fruit Wine & Food Festival, an annual culinary tourism event showcasing the talent of local chefs, wine makers, farmers and businesses; indicating that nearly $60,000 was raised for Big Brothers and Sisters programs in the community; and advising that this was also their last year and commending the Municipality for recognizing the importance of offering this type of support to local initiatives and looking forward to working together on events such as this and continuing to build "Spirit & Community Identity" for Clarington. Resolution #C-432-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item 1-9 from Fred and Sandy Archibald, Archibald Estate Winery/Cider House Golf, with respect to the 10th Annual Fruit Wine and Food Festival, be received for information; and Council Meeting Minutes - 18 - July 13, 2009 THAT a letter of appreciation and certificate be forwarded to Fred and Sandy Archibald in recognition of their outstanding contribution to Big Brothers and Big Sisters of Clarington and support of the local agricultural community local culinary talents. CARRIED" I - 10 Natalie Gorman, Ministry of Natural Resources, advising that the Province will begin its annual wildlife rabies control operations for 2009 on August 4, 2009; highlighting planned activities for the 2009 season to control measures in the fight against the deadly rabies virus; and, indicating further information about rabies prevention and control operations is available by visiting the Rabies in Ontario web site at www.ontario.ca/rabies or by calling the rabies hotline at 1-888- 574-6656. Resolution #C-433-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item I - 10 from Natalie Gorman, Ministry of Natural Resources, with respect to Annual Rabies Control Operations, be referred to the Clarington Animal Advisory Committee, included in the Clarington.net publication, and placed on the Information Board. "CARRIED" 1- 15 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 24, 2009, Regional Council adopted the following resolution pertaining to approvals for the design, construction, operation and maintenance of a new Durham-York Energy-From- Waste (EFW) Facility Project and Related Financing: "Environmental Assessment 1. THAT Council endorse the Durham - York Residual Waste Study Environmental Assessment (EA) as provided in Attachment #7 to Report #2009-COW-03 and the accompanying disk (CD), and authorize staff to submit the EA to the Ministry of the Environment by July 31, 2009, subject to such minor adjustments as deemed necessary by the Commissioner of Works, based upon the on-going process, including preliminary review of documentation by the Ministry of the Environment. Council Meeting Minutes - 19- July 13, 2009 2. THAT in accordance with Subsection 6.2(2) of the Environmental Assessment Act, the Commissioner of Works be authorized to amend or withdraw this EA at any time prior to the deadline for completion of the Ministry review in the event that issues have arisen with the EA during the inspection period which are too numerous or complex to resolve within the regulated timelines. EFW Project Aqreements The Reqional Municipality of York 3. THAT authorization be given for the Region of Durham to enter into the Memorandum of Understandinq (MOU) with the Reqion of York, included as Attachment #1 to Report #2009-COW-03, to govern the process and cost sharing arrangement between the Regions during the design, construction, operation and maintenance of the EFW facility; 4. THAT the Regional Chair and Clerk be authorized to sign the documents necessary to give effect to recommendation 3. 5. THAT staff be directed to commence negotiations of a formal co- owners agreement with the Regional Municipality of York based upon the commitments and understandings contained within the Memorandum of Understandinq (MOU) with the Reqion of York, included as Attachment #1 to Report #2009-COW-03. Ontario Power Authority (OPA) 6. THAT subject to and conditional upon, (i) the acceptance of the Durham - York Residual Waste Study EA by the Minister of the Environment; (ii) the execution by York Region of the proposed MOU included as Attachment #1 to Report #2009-COW-03; and (iii) Approval of the execution of the Project Agreement by the Regional Council of the Regional Municipality of York: a. THAT authorization be granted for the Region to enter into a Power Purchase Aqreement (PPA) with the Ontario Power Authority (OPA), substantially on the terms described herein, including an agreed upon price for the net electricity distributed to the grid of eight (8) cents per kilowatt hour (kWh), subject to annual escalation to be applied to 35% of the per kWh price based upon changes in the Consumer Price Index (CPI) as calculated from the first anniversary of facility operations, and for each year of the 20-year term; Council Meeting Minutes - 20- July 13, 2009 b. THAT the Commissioner of Finance be authorized to provide completion and performance security described in the PPA, up to a maximum of $660,000, when required upon execution of said agreement, to the OPA; and, c. THAT the Regional Chair and Clerk be authorized to sign any and all documents necessary to give effect to this recommendation. Proiect Approval, Cost and Financinq Approval 7 . THAT subject to and conditional upon, (i) the acceptance of the Durham - York Residual Waste Study EA by the Minister of the Environment; (ii) the execution by York Region of the proposed MOU, included as Attachment #1 to Report #2009-COW-03; (iii) a satisfactory conclusion to the negotiation of the Project Agreement with Covanta Energy Corporation on terms consistent with the requirements of RFP-604-2008, as determined by the Commissioners of Works and Finance; (iv) approval of the Power Purchase Agreement as per recommendation 6; and, (v) Approval of the execution of the Project Agreement by the Regional Council of the Regional Municipality of York: a. THAT the Proposal submitted by Covanta Energy Corporation, in response to RFP-604-2008 to desiqn, build, operate and maintain an Enerqy-From-Waste Facility, be accepted at a facility construction price (excludes architectural enhancements) of $235.8 million (Durham's share $185.3 million) and a total annual operating fee of $14.7 million (Durham's share $11.5 million), excluding GST and escalation; b. THAT Durham's share or $214.7 million of the total project cost of $272.5 million for the Durham - York Energy-From- Waste facility be financed as follows: i. Up-front financing of approximately $100.0 million from the Region's Federal Gas Tax Reserve Fund; ii) Other Revenue of approximately $1.6 million (sale of surplus land) iji) Debentures issued for the remaining financing requirements totaling approximately $113.1 million with a term of approximately eight (8) years; and, iv) The Region apply future Federal Gas Tax revenue estimated at $17.3 million per year to retire the debt related to its share of the project cost as noted above. Council Meeting Minutes - 21 - July 13, 2009 c. THAT the Region of Durham or its agents be authorized to issue debentures in the total amount not to exceed $113.1 million to finance a portion of Durham's share of the EFW facility; d. THAT the Commissioner of Finance be authorized to purchase all or a portion of the required debenture issue in the amount of $113.1 million from the Region's Reserve Funds; and e. THAT the Regional Chair and Clerk be authorized to execute a Project Agreement consistent with the requirements of the RFP 604-2008 and subject to agreement on outstanding contractual issues, as determined by the Commissioners of Works and Finance. Other 8. THAT Regional Council approval be given to initiate expropriation proceedinqs with respect to the acquisition of the lands adjacent to the EFW facility in the Municipality of Clarington (see Attachment #2 Site Plan to Report #2009-COW- 03) that are not acquired through negotiations, and which will be required to be serviced in accordance with the Host Community Agreement (HCA), as detailed in Report 2009-COW-02. 9. THAT in accordance with the Purchasinq By-law 68-2000 as amended, Finance staff be authorized to neqotiate a Sole Source Aqreement with HRD Corporation for the Regions under a new three-year contract (2010 to 2013), with two optional one-year extension provisions, in order to provide necessary on-going technical expertise and Project Management services and ensure project specifications as developed by HDR, standards and timelines are achieved through design-build and operations start-up protocol and Acceptance Test procedures, at an upset cost not to exceed $5.6 million (excluding applicable taxes) to be cost-shared with York Region, and with Durham's share ($4.4 million) to be funded through the annual Solid Waste Management Business Plans and Budgets over a three to five year period and the Regional Chair and Clerk be authorized to sign any and all documents necessary to give effect to this recommendation. 10. THAT in response to requests by members of Regional Council, and/or as a supplement to the April 2009 Report 2009-J-18, Regional Council receive for information: Council Meeting Minutes - 22- July 13, 2009 a. Addendum#34 to RFP-604-2008, included as Attachment #3 to Report #2009-COW-03, as issued in January 2009 to pre-qualified vendors to provide a further breakdown of the technical, project delivery and cost and commercial elements of the evaluation criteria which was utilized by the Evaluation Team to determine the preferred vendor, as recommended to, and approved by, Regional Council in April 2009; and, b. A final draft report from KPMG, the Region's Fairness Monitor, retained by York and Durham to oversee the two- stage EFW Procurement Process and included as Attachment #4 to Report #2009-COW-03." Resolution #C-434-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 15, from P. M. Madill, Regional Clerk, Region of Durham, with respect to approvals for the design, construction, operation and maintenance of a new Durham-York Energy-From-Waste (EFW) Facility Project and Related Financing, be received for information. "CARRIED" I - 20 John R. O'Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation, forwarding correspondence from the Municipality of Clarington re-affirming Council's position supporting the concept of a landscaped decorative municipal identification display at Highway 401 overpasses in Bowmanville; and, requesting the Minister to consider making appropriate changes in MTO policy to allow displays for individual communities within municipal geographic boundaries to have an entrance display on the 400 series highways, provided that the communities and the Municipal Council were in agreement. Resolution #C-435-09 Moved by Councillor Trim, seconded by Councillor Novak THAT correspondence be sent to John R. O'Toole, MPP, Durham outlining Council's position on the concept of landscaped decorative municipal identification displays on Highway 401. "CARRIED" Council Meeting Minutes - 23- July 13, 2009 1-23 Neil Thomas, President, OneCAD Solutions Ltd., writing to the Honourable George Smitherman, Minister of Energy and Infrastructure, expressing disappointment with the Province's decision to suspend the competitive Request for Proposal (RFP) to procure two replacement nuclear reactors for the Darlington Power Station; recognizing the present and future demand for nuclear energy both in Canada and internationally and the impact that an AECL contract will have for Canada's nuclear industry, the welfare of the people of Ontario and to Ontario's research and development industry both public and private; and, suggesting that Ontario take a "Can Do!" approach and work together to find a solution to get a contract delivered now and to get Ontario working at home and exporting to the world market. Resolution #C-436-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT correspondence Item I - 23 from Neil Thomas, President, OneCAD Solutions Ltd., with respect to the approach to find a solution to procure two replacement nuclear reactors for the Darlington Power Station, be endorsed. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 7 and 0 - 8 were received as handouts. Resolution #C-437 -09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 4, and Hand-out Correspondence Items D - 7 and D - 8 be approved as per the agenda. "CARRIED" Council Meeting Minutes - 24- July 13, 2009 D - 1 Jennifer Cowie Bonne, Chair, Play Works, forwarding the 2009 application for the Youth Friendly Community Recognition Program, a program designed to recognize communities that actively support and provide opportunities for the growth and development of youth ages 13 to 19 through play; acknowledging that while the Municipality did not meet all of the criteria required to be recognized as youth friendly in their 2007 application, Clarington was off to a solid start toward achieving the minimum 10 criteria; outlining the program eligibility and criteria; and, advising the application deadline is December 1, 2009. (Correspondence referred to the Director of Community Services) D - 2 Correspondence has been received from the following individuals/groups expressing concern with the loss of acute care services and on site internists from Lakeridge Health Bowmanville as proposed by the LHIN, the impact the decision will have on quality of care and the domino effect on other services such as EMS who are already transporting and waiting with patients in various hospitals and the impact this may have on the number of vehicles/staff needed to transport patients no longer able to stay in Lakeridge Health Bowmanville; and, questioning the rationale of removing acute care services from a thriving hospital and a growing community. a) Viola Ashton b) Lorraine and Harry Knox c) Eileen Knox d) Eric and Jenny Bowman (Correspondence 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 - 3 Christina Weddel, Michelle Woodruff and Rosanna McKee, opposing the proposed demolition of Camp 30; and, requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 25- July 13, 2009 D - 4 Gary Cole, President, Bowmanville West Beach Association, representing seven season cottage owners, advising that they lease their land from the Port Darlington Harbour Company and are concerned that once the expropriation is complete, they be allowed to continue to lease the land on which their cottages are located; and, advising that they have no objection to the remainder of the lands being developed as a park and would co-operate wherever possible in its development. (Correspondence referred to the Director of Planning Services) D - 7 Gabbie Kirkwood and Clarke Morawetz submitting a Petition to Save Camp 30 from demolition and to preserve the camp for educational and recreational purposes. (Petition referred to the Director of Planning Services) D - 8 Pauline Storks inquiring as to whether the municipality would be interested in replanting a Christmas Tree that has been growing on her patio for twenty years as she is moving and would like the tree to stay alive and to share its beauty with others; and, suggesting the lawn of the new Newcastle Library as a possible location. (Correspondence referred to the Chief Administrative Officer) D - 5 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW), advising that the advisory panel of the Canada Post Corporation Strategic Review (CPCSR) has issued its report examining all aspects of Canada's postal services; indicating the report recommends against deregulation of the public post office and maintaining a quality, affordable universal service for all Canadians and communities, recommending the inclusion of rural service as part of Canada Post's Universal Service Obligation, recommending that the current moratorium on post office closures in rural and small towns be replaced with new rules and procedures, including the ability to replace public post offices with private outlets, and legalizing international remailers; forwarding a copy of a Petition to the House of Commons urging the government to instruct Canada Post to maintain, expand and improve postal services; and hoping that Council will consider passing a resolution as follows: "WHEREAS the report of the Canada Post Corporation Strategic Review (CPCSR) recommends that the current moratorium on post office closures in rural and small towns be replaced with a mechanism involving new rules and procedures, including the ability to replace public post offices with private outlets; Council Meeting Minutes - 26- July 13, 2009 WHEREAS the report also recommends that rural mailbox delivery be reconsidered; WHEREAS these recommendations, if implemented by the federal government, would undermine public postal service and jobs in our community and fundamentally change the nature of Canada Post's retail and delivery network; WHEREAS the report proposes that Canada Post's highly inadequate community consultation process be used when closing or "rationalizing" a post office/outlet and that a similar process be used when replacing rural mailbox delivery with delivery to a community box, green box or post office. BE IT RESOLVED THAT the Municipality of Clarington write to Rob Merrifield, the Minister responsible for Canada Post, and request that the government preserve public postal service and jobs in our community by rejecting CPCSR recommendations that would: 1. Put an end to the moratorium on post office closures in rural and small towns and give Canada Post the flexibility to close post offices covered by the current moratorium or convert these public post offices to private outlets 2. Cut delivery to rural mailboxes without exploring all options or properly consulting with residents or the representatives of rural delivery workers. BE IT FURTHER RESOLVED THAT we request that Minister Merrifield consult with the public, postal unions and other major stakeholders to develop a uniform and democratic process for making fundamental changes to Canada Post's retail and delivery network." Resolution #C-438-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Canadian Union of Postal Workers (CUPW), with respect to public post offices and rural delivery, be received for information. "CARRIED" D - 6 Liliane Nolan, CAO/Clerk, Municipality of Whitestone, advising that on June 15, 2009, the Municipality of Whitestone adopted the following resolution pertaining to Free Trade between the United States and Canada: Council Meeting Minutes - 27- July 13, 2009 "THAT Council of the Municipality of Whitestone hereby supports the resolution put forth by the Greater Toronto Area Countryside Mayors' Alliance (GT ACMA) at its meeting of May 22, 2009 with respect to Free Trade between the United States and Canada and that the restrictive "Buy American" provisions in the American Recovery and Reinvestment Act are contrary to that spirit of free trade; AND FURTHER THAT the GTACMA supports the Canadian Manufacturers and Exporters in its quest to have the United States Congress reconsider and repeal their current "Buy American" requirements for the United States stimulus packages; AND FURTHER THAT Canadian municipalities adopt a procurement policy that future Canada Infrastructure projects at the municipal level, including environmental projects such as water and wastewater treatment projects, require that any goods and material required for the projects be bought only from companies whose countries of origin do not impose local trade restrictions against goods and materials manufactured in Canada to better ensure open, fair and competitive practices across the globe; AND FURTHER THAT a copy of this resolution be forwarded to the Prime Minister, the Premier of Ontario, the Federal and Provincial Ministers of Trade and Industry, M.P. Tony Clement, M.P.P. Norm Miller, the Regions of Durham, York, Peel, and Halton, the Association of Municipalities of Ontario (AMO) and the Canadian Manufacturers and Exporters Association (CME)." Resolution #C-439-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the resolution from the Municipality of Whitestone, with respect to Free Trade between the United States and Canada, be received for information. "CARRIED" Deputy Mayor Trim chaired this portion of the meeting. Council Meeting Minutes - 28- July 13, 2009 COMMITTEE REPORTCS) Report #1 - General Purpose and Administration Committee Report July 6, 2009. Resolution #C-440-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of July 6, 2009, be approved, with the exception of Items #1 (b), #5, #8, #13 and #16. "CARRIED" Item 1(b) Resolution #C-441-09 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the CAO be authorized to take immediate actions to effect possible remediation measures to balance the 2009 budget shortfall and to consider possible actions to bring in the 2010 budget without minimal impact to the taxpayers; THAT the immediate actions referred to in item 1 be limited to administrative and staffing matters including any and all cost cutting measures such as temporary layoff, elimination of positions, deferred hiring, uncommitted capital projects, and any other measures deemed appropriate by the CAO; THAT the CAO shall report to Council no later than the end of August with a comprehensive report detailing all the cost cutting measures including service level reduction and program eliminations in order to address the 2009 budget shortfall; and THAT a Special Council meeting is hereby called for Monday, August 31,2009 to consider the CAO Report. "CARRIED LATER IN THE MEETING" (see following motion) Resolution #C-442-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Members of Council to speak more than once to Resolution #C-441-09. "MOTION LOST" Council Meeting Minutes - 29- July 13, 2009 The foregoing Resolution #C-441-09 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Mayor Abernethy >I Councillor Foster .y Councillor Hooper >I Councillor Novak >I Councillor Robinson >I Councillor Trim ~ Councillor Woo ..J Mayor Abernethy resumed the Chair. Item 5 Resolution #C-443-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-071-09 be received; THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the Region and the Ministry of the Environment; THAT as part of the Pre-Submission Review, Clarington Staff provide comments to the Region's Project Team on the peer review comment dispositions to assist with facilitating submission of the Environmental Assessment by July 31, 2009; THAT the Region's Project Team be requested to work closely with Clarington Staff on the detail design of Energy Park Drive, the stormwater management works and other Clarington Energy Business Park design details, the architectural concepts for the Energy from Waste facility and implementation plans for development; THAT a copy of Report PSD-071-09 and Council's decision be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and Council Meeting Minutes - 30- July 13, 2009 THAT all interested parties listed in Report PSD-071-09 and any delegations be advised of Council's decision. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster ~ Councillor Hooper ~ Councillor Novak ~ Councillor Robinson ..~ Councillor Trim ~ Councillor Woo .~ Mayor Abernethy ~ Resolution #C-444-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-071-09 be received; THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the Region and the Ministry of the Environment; THAT SENES, AECOM and Steven Rowe be thanked for their efforts in completing the peer review in a timely manner; THAT the Region's Project Team be requested to work closely with Clarington Staff on the detail design of Energy Park Drive, the stormwater management works and other Clarington Energy Business Park design details, the architectural concepts for the Energy from Waste facility and implementation plans for development; THAT a copy of Report PSD-071-09 and Council's decision be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and THAT all interested parties listed in Report PSD-071-09 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes - 31 - July 13, 2009 Item # 8 Resolution #C-445-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-074-09 be received; THAT Report PSD-074-09 and Attachment #1 as provided to Council on July 13th be approved as the Municipality of Clarington's comments to the Canadian Nuclear Safety Commission on the Screening Report for the Port Granby project; THAT Report PSD-074-09 be submitted to the Canadian Nuclear Safety Commission at such time as the Commission releases a Public Notice advising of the holding of a Hearing with respect to the Port Granby Screening Report; and THAT all interested parties listed in Report PSD-074-09 and any delegations be advised of Council's decision. "CARRIED" Item #13 Resolution #C-446-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-013-09 be received; THAT Ingrid Saravia be appointed to the Clarington Heritage Committee; THAT Shauna Visser be thanked for her application to the Clarington Traffic Management Committee and advised that the vacancy on the Committee is for a representative from Ward 1 and that her application will remain on file for consideration should a vacancy for a Ward 4 representative occur; and THAT the interested parties listed in Report CLD-013-09 be advised of Council's decision. "CARRIED" Council Meeting Minutes - 32- July 13, 2009 Item #16 Resolution #C-447-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item #16 be divided to vote on Paragraph 1 and Paragraph 2 separately. "CARRIED" Resolution #C-448-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the delegation of Karen Buck be received with thanks. "CARRIED" Resolution #C-449-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Richard Ward be received with thanks. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Absent Declaration of Pecuniary Interest Councillor Foster -V Councillor Hooper -V Councillor Novak -V Councillor Robinson -V Councillor Trim -V Councillor Woo "\ Mayor Abernethy "\ STAFF REPORTS Resolution #C-450-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-076-09 be received; Council Meeting Minutes - 33- July 13, 2009 THAT the request for Removal of Part Lot Control with respect to Lots 4, 5, 7, 10, 11, 13, 14 and 15 on Plan 40M-2226, be approved and that the Part Lot Control By-law attached to Report PSD-076-09 be passed pursuant to Section 50(7.1) of the Planning Act and a copy be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-076 and any delegations be advised of Council's decision. "CARRIED" Councillor Hooper stated a pecuniary interest with respect to Staff Report #2 - PSD-077 -09 - Assumption Agreements to permit the development of commercial land, as he was involved in an Ontario Municipal Board Hearing with the original owners of the property, West Diamond Properties and Metrus. Councillor Hooper refrained from discussion and voting on this matter. Resolution #C-451-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report PSD-077-09 be received; THAT the By-law attached to Report PSD-077-09 as Attachment 5 to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement with Bowmanville Investments Inc. be approved; and THAT all interested parties listed in Report PSD-077 -09 and any delegations be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Absent Declaration of Pecuniary Interest Councillor Foster -.J Councillor Hooper -.J Councillor Novak -.J Councillor Robinson -.J Councillor Trim -.J Councillor Woo -.J Mayor Abernethy -.J Council Meeting Minutes - 34- July 13, 2009 Resolution #C-452-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. "MOTION CARRIED" (See following motion) Resolution #C-453-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled for August 31,2009. "MOTION LOST" The foregoing Resolution #C-452-09 was then put to a vote and CARRIED. Resolution #C-454-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-018-09 be received; and THAT the 2008 Draft Audited Financial Statements be approved. "CARRIED" Council Meeting Minutes - 35- July 13, 2009 Resolution #C-455-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Addendum to Report CAO-003-09 be received; and THAT the Mayor and Municipal Clerk be authorized to execute a Suspension Agreement as referenced in the Host Municipality Agreement, subject to its final review by the Municipal Solicitor and that the appropriate by-law be passed. "CARRIED" Resolution #C-456-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Staff Report #6 - Confidential Verbal Report of the Solicitor - Compliance Audit be referred to a closed session of Council following the Other Information Section of the Agenda. "CARRIED" Resolution #C-0-457 -09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the meeting be extended until 12:00 midnight in order to complete the agenda. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-458-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the Municipal Council of Clarington hereby requests the Honourable Minister of the Environment, John Gerretsen, to not allow any burning of Toronto garbage in any form, such as, but not limited to, organics, at the St. Marys Cement Plant located in the Municipality of Clarington on a trial nor permanent basis. Council is confident that the Minister will fully understand our opposition if such approval is granted; THAT staff keep Council members fully informed of all actions regarding this issue; and Council Meeting Minutes - 36- July 13, 2009 THAT copies of this resolution be sent to the Honourable John Gerretsen, Minister of the Environment, John R. O'Toole, MPP, and Durham Region Works Department. "CARRIED" Resolution #C-459-09 Moved by Councillor Hooper, seconded by Councillor Woo WHEREAS the Olympic Torch Relay Route has been scheduled to travel through the Municipality of Clarington on the afternoon of December 16, 2009; AND WHEREAS the Municipality welcomes this opportunity to showcase the community: NOW THEREFORE BE IT RESOLVED THAT the Director of Corporate Services be authorized to purchase six street banners at a total cost of $420 plus applicable taxes to be displayed along the route; and THAT the necessary funds be drawn from the Unclassified Administration Contingency Account #100-21-211-00000-7298. "MOTION LOST" Deputy Mayor Trim chaired this portion of the meeting. Resolution #C-460-09 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the following Resolution #C-015-09 which was tabled by Council on January 12, 2009, be lifted from the table: 'WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; Council Meeting Minutes - 37 - July 13, 2009 AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves "no waste in the Reqion of Durham Qy 2038", such "NoWaste Qy '38 Plan" to include the following objectives: 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region's residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi-residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham "NoWaste by '38 Plan" include the following initiatives: 1. Reinstate the Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide "no waste" solution by 2038; 2. If feasible, to recommend to Regional Council the steps necessary to implement a "NoWaste by '38 Plan"; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia; and Council Meeting Minutes - 38- July 13, 2009 THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support." "CARRIED" Resolution #C-461-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial and Federal strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality that has been delegated the jurisdictional authority to process waste under Section 11 of Municipal Act, 2001 to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves "no waste in the Reqion of Durham Qy 2038", such "NoWaste Qy '38 Plan" to include the following objectives: Council Meeting Minutes - 39- July 13, 2009 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region's residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi-residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham "NoWaste by '38 Plan" include the following initiatives: 1. Reinstate a new Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide "no waste" solution by 2038; 2. If such "no waste" solution is deemed feasible, to recommend to Regional Council the steps necessary to implement a "NoWaste by '38 Plan"; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia and the Province of Nova Scotia; and THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support. "CARRIED" Council Meeting Minutes - 40- July 13, 2009 UNFINISHED BUSINESS Resolution #C-462-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council accept the report as presented and prepared by Angie Darlison, Executive Director and Peter Evans, President, Clarington Older Adult Association, with much thanks and appreciation for this information and it be forwarded to the Engineering Services Department in regards to the conclusions and recommendations as presented by Ms. Darlison and Mr. Evans as their comments, and also that the Finance Department, Planning Services Department, as well as Community Services Department and Corporate Services Department be asked to report back to Council with respect to the impacts this could have on future budgets and programming; and THAT Engineering Services or the appropriate department from staff provide a report on costs associated with relocation of the Bowmanville Tennis Club to one of the several municipally owned or operated Tennis Court Facilities (Lord Elgin, Green Park, Guildwood Park) as Ms. Darlison and Mr. Evans have suggested. "CARRIED" Resolution #C-463-09 Moved by Councillor Novak, seconded by Mayor Abernethy THAT the presentation of Dan Remollino, MTO Project Manager and Doug Allingham, Consultant Project Manager, 407 Project Team, with respect to the 407 East Environmental Assessment & Preliminary Design Study, be received with thanks; and THAT the Project Team be requested to consider the Municipality's comments as forwarded prior to the July 20, 2009, deadline. "CARRIED" BY-LAWS Resolution #C-464-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2009-103 to 2009-114 inclusive; 2009-103 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (1210191 Ontario Inc.) Council Meeting Minutes - 41 - July 13, 2009 2009-104 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (West Diamond Properties Ltd.) 2009-105 Being a by-law to authorize entering into an amending Agreement with the Owner(s) of Plan of Subdivision 18T-95001, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of 18T-95001 2009-106 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Baysong Developments Inc.) 2009-107 Being a By-law to authorize a Municipal Access Agreement between the Corporation of the Municipality of Clarington and Blink Communications Inc. 2009-108 Being a By-law to amend By-law 2007-031, being a by-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington (Ingrid Saravia) 2009-109 Being a By-law to authorize a Letter of Understanding between the Corporation of the Municipality of Clarington and The Radiation Protection Service of the Ontario Ministry of Labour, to enter into an Agreement for an Air Monitoring Site 2009-110 Being a By-law to authorize a Host Municipal Agreement between Ontario Power Generation and the Municipality of Clarington with respect to the Two-Unit New Nuclear New Build at Darlington 2009-111 Being a by-law to exempt certain portions of Registered Plan 40M-2226 from Part Lot Control 2009-112 Being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement between the Municipality and Bowmanville Investments Inc. 2009-113 Being a By-law to authorize an Agreement to Suspend Operation of the Clarington-Hydro Agreement 2009-114 Being a by-law to authorize the execution of a Memorandum of Understanding between the Municipality of Clarington and the Clarington Older Adult Centre Board for the delivery of Partnership Programs; and Council Meeting Minutes - 42 - July 13, 2009 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 Mayor Abernethy read a letter he received this afternoon from Mayor David Miller, City of Toronto in which Mayor Miller indicates that he will continue to work with City of Toronto staff to ensure no residual waste is incinerated in the Municipality of Clarington or anywhere else in Ontario. Resolution #C-0-465-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Mayor Abernethy be requested to write to the Honourable Rob Merrifeld, Minister Responsible for Canada Post, requesting that rural mailbox delivery service be maintained, and that no rural or small-town post offices be closed. "CARRIED" Resolution #C-466-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Staff Report #6 - Confidential Verbal Report of the Solicitor - Compliance Audit as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he noW holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy did not attend the closed session of Council and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired the remainder of the meeting. The meeting resumed in open session at 12:16 a.m. Council Meeting Minutes - 43- July 13, 2009 The Deputy Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. One matter was considered and one resolution pertaining to a procedural matter was passed. Resolution #C-467 -09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the meeting be extended to 12:30 a.m. in order to complete the agenda. "CARRIED" Resolution #C-468-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the verbal report from the Municipality's Solicitor at the Closed meeting of Council on July 13, 2009 regarding the letter to Council from Eric K. Gillespie Professional Corporation dated May 22, 2009 and the Application by Mr. Gillespie to the Superior Court for mandatory relief, be received; THAT Council advise that it has decided to approve a second auditor licensed under the Public Accounting Act, 2004 to conduct a new compliance audit under section 81 of the Municipal Elections Act, 1996 related to the election campaign finances of Mr. John Mutton in the 2006 municipal elections having regard to the disciplinary proceedings of The Institute of Chartered Accountants of Ontario against Mr. James E. Horn; and THAT the Municipal Clerk be instructed to report to Council at its next meeting recommending a qualified person to conduct the new compliance audit related to the election campaign finance of Mr. John Mutton in the 2006 municipal elections. "CARRIED" CONFIRMING BY-LAW Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-469-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2009-115, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 13th day of July, 2009; and Council Meeting Minutes - 44 - July 13, 2009 THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-470-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:20 a.m. "CARRIED" MAYOR MUNICIPAL CLERK Clf}lilJgton Special Council Meeting Minutes AUGUST 31, 2009 Minutes of a special meeting of Council held on August 31, 2009, at 9:30 a.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn, attended until 12:26 p.m. Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke Director of Planning Services, D. Crome Deputy Clerk, A. Greentree, attended until 11 :05 a.m. Solicitor, D. Hefferon, attended until 12:30 p.m. Library Director, E. Hopkins Director of Corporate Services and Human Resources, M. Marano Roads Supervisor, L. Postill Operations Co-ordinator, K. Rand Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. STAFF REPORT(S) Report CAO-004-09 - Report on the Status of the 2009 Budget Shortfall and Proposed Remedial Measures Council Meeting Minutes - 2 - AUGUST 31, 2009 Resolution #C-471-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CAO-004-09 be received; THAT the budget shortfall remedial measures as contained in Appendix 2,3,4,5,6 and 7 to Report CAO-004-09 be approved and be deemed to be the policy direction of Council superseding all previous Council policies related thereto; THAT the projected cash flow shortfall from 2009 Development Charges collection applied to debenture debt repayments pertaining to Indoor Recreation facilities be interim financed with: a. $200,000 from Municipal Capital Works Reserve Fund, and b. Approximately $250,000 from interest payments from Veridian Promissory Notes to be adjusted proportionately based on the actual shortfall at year end 2009 THAT the projected cash flow shortfall from 2009 Development Charges collections applied to debenture debt repayments pertaining to Library facilities be interim financed with $200,000 from the Municipal Capital Works Reserve Fund and approximately $225,000 from the Library Capital Reserve Fund to be adjusted proportionately based on the actual shortfall at year end 2009; THAT appropriate interest be applied and charged to the Development Charges Reserve Funds requiring interim financing; THAT any projected shortfalls in the Development Charges for both I ndoor Recreation and Library Reserve Funds for 2010 requiring debenture debt repayment be interim financed from the balances in the other Development Charges Reserve Funds with appropriate interest applied; and THAT, to the extent possible, it is the express intent of Council to recover interim financing of development charges debenture debt repayments from future development charges collections. "CARRIED AS AMENDED LATER IN THE MEETING" (See Following Motions) Council Meeting Minutes - 3 - AUGUST 31, 2009 Resolution #C-472-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the Rules of Procedure be suspended to permit the introduction of a motion to recess the meeting. "CARRIED" Resolution #C-473-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 11 :15 a.m. Resolution #C-474-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Rules of Procedure be suspended to permit the introduction of a motion to allow Members of Council to speak more than once to the same question. "MOTION LOST" Resolution #C-475-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended and that Council recess for 30 minutes. "CARRIED" The meeting reconvened at 1 :09 p.m. Councillor Foster and Councillor Woo entered the meeting at 1: 10 p.m. Resolution #C-476-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Appendix 1 to Report CAO-004-09 be received for information. "CARRIED" Council Meeting Minutes - 4 - AUGUST 31, 2009 Resolution #C-4 77 -09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Appendix # 2 to Report CAO-004-09 be amended by deleting Item #7 and replacing it with the following: "THAT the Chief Administrative Officer be directed to negotiate with the Board of Directors of the Clarington Board of Trade to investigate staffing the tourism office and keeping the centre open". "CARRIED" Resolution #C-478-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Items #5 and #6 of Appendix #2 to Report CAO-004-09 be amended as follows: "WHEREAS www.c1arinqton.netissues are delivered throughout Clarington; WHEREAS these publications allow for an excellent coming event column free to the many events organizations in Clarington; WHEREAS there are a number of local area newsletters, papers, etc. within Clarington; WHEREAS Metroland is currently the only newspaper servicing all Clarington; and, WHEREAS it is essential that the facts and key operation details of the Municipality are conveyed to all households; THEREFORE BE IT RESOLVED THAT the required government notices only be placed in the Metroland newspaper; and THAT www.c1arinqton.net continue to be published as it provides an important communication vehicle to our citizens." "MOTION LOST LATER IN THE MEETING" (See Following Motions) Council Meeting Minutes - 5 - AUGUST 31, 2009 Resolution #C-479-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Resolution #C-478-09 be divided to vote on Item #5 of Appendix #2 - Service Category regarding the Clarington.net publication and Item #6 of Appendix 2 - Service Category regarding the Page 2 Advertising separately. "CARRIED" The foregoing Resolution #C-478-09 regarding Item #5 of Appendix #2 to Report CAO-004-09 regarding the Clarington.net publication was then put to a vote and LOST. The foregoing Resolution #C-478-09 regarding Item #6 of Appendix #2 to Report CAO-004-09 regarding Page 2 advertising was then put to a vote and LOST. Resolution #C-480-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Appendix # 2 to Report CAO-004-09 be amended by deleting Item #4 - Service Category of Animal Services. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...J Councillor Hooper ...J Councillor Novak ...J Councillor Robinson -J Councillor Trim -J Councillor Woo ...J Mayor Abernethy -J Resolution #C-481-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Item #1 of Appendix # 3 to Report CAO-004-09 - Program Specifics - Staff Recognition/Long Term Service Program and Staff Appreciation be amended as follows: "WHEREAS the Mayor and Council wish to continue to recognize the Employee Service Award Program; Council Meeting Minutes - 6 - AUGUST 31,2009 THEREFORE BE IT RESOLVED THAT the Chief Administrative Officer and Directors be directed to create a proper and special presentation event prior to November 1, 2009, for Council's approval, at a maximum cost of $5000." "CARRIED" Resolution #C-482-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Item #3 of Appendix # 3 to Report CAO-004-09 - Program Specifics - Special Events service to Community Groups be deleted. "MOTION LOST" Resolution #C-483-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Appendix # 4 to Report CAO-004-09 - Staffing Adjustments be amended as follows: "WHEREAS the President of CUPE Union has approached the Mayor and Councillors expressing concerns with respect to three full-time employees to be laid off; NOW THEREFORE BE IT RESOLVED THAT the Chief Administrative Officer be authorized to meet with the CUPE and Fire Association Presidents to explore the opportunities that the employees are prepared to assist in the cost cutting exercise; THAT the Chief Administrative Officer review with the department Directors, the proposed non-bargaining staffing as outlined in Report CAO-004-09; THAT the Chief Administrative Officer report back to Council the results of the staffing position review; THAT the working notice provided to all part-time employees be extended; and THAT the Chief Administrative Officer report back at the next regular Council meeting." "CARRI ED" Council Meeting Minutes - 7 - AUGUST 31, 2009 Resolution #C-484-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Appendix #5 to Report CAO-004-09 be amended to add $7,000 from the Municipal Grant Program to balance the 2009 Budget. "CARRIED" Resolution #C-485-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Appendix #5 to Report CAO-004-09 be amended to add $16,600 from the Mayor's Office budget to balance the 2009 Budget. "CARRIED" The foregoing Resolution #C-471-09 was then put to a vote and CARRIED AS AMENDED. CONFIRMING BY -LAW Resolution #C-486-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-117, being a by-law to confirm the proceedin~s of the Council of the Municipality of Clarington at a special meeting held on the 31 S day of August, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-487 -09 Moved by Councillor Robinson, seconded by Woo THAT the meeting adjourn at 3:11 p.m. "CARRIED" MAYOR MUNICIPAL CLERK Q!J!.#]gton Special Council Meeting Minutes SEPTEMBER 8, 2009 Minutes of a special meeting of Council held on September 8, 2009, at 1 :00 p.m. in the Council Chambers. Councillor Robinson led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Absent: Councillor R. Hooper Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Solicitor, D. Hefferon Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. STAFF REPORTCS) Addendum to Report PSD-077-09 - Revision to Assumption Agreements to Permit the Development of Commercial Land Resolution #C-488-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT the Addendum Report to PSD-077-09 be received; THAT the By-laws attached to the Addendum Report to PSD-077 -09 as Attachment 2 and 3 authorizing the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the Assumption of Agreement Principles of Understanding, as amended, and the Assumption of Agreement Subdivision/Consent Agreement between the Municipality, Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc., be approved; Council Meeting Minutes - 2 - SEPTEMBER 8, 2009 THAT By-law 2009-112 attached to the Addendum Report to PSD-077-09 as Attachment 4 be repealed; and THAT all interested parties listed in the Addendum Report to PSD-077-09 and any delegations be advised of Council's decision. "CARRIED" BY-LAWS Resolution #C-489-09 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2009-118 to 2009-120 inclusive; 2009-118 Being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption of Agreement Principles of Understanding, as Amended, between the Municipality and Bowmanville Investments Inc. , Players Business Park Ltd. and West Diamond Properties Inc. 2009-119 Being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption of Agreement Subdivision/Consent Agreement, between the Municipality and Bowmanville Investments Inc., Players Business Park Ltd. and West Diamond Properties Inc. 2009-120 Being a By-law to repeal By-law 2009-112; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-490-09 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2009-121, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 8th day of September, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 3 - ADJOURNMENT Resolution #C-491-09 Moved by Councillor Robinson, seconded by Woo THAT the meeting adjourn at 1 :06 p.m. "CARRIED" MAYOR SEPTEMBER 8, 2009 MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS September 21, 2009 a) Bill Humber, Old Bowmanville Neighbourhood Association - Clarington Older Adult Association's Request for Additional Parking at the Clarington Beech Centre (Correspondence Item D - 15) b) Linda Gasser - Report PSD-081-09 - Dissolution of Clarington Highway 407 Community Advisory Committee (Item 5 of Report #1 ) SUMMARY OF CORRESPONDENCE September 21, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Central Lake Ontario Conservation Authority dated June 23, 2009. (Copy attached) I - 2 Minutes of the Durham Nuclear Health Committee dated June 19, 2009, (Copy attached) I - 3 Minutes of the Ganaraska Region Conservation Authority dated June 18, 2009. (Copy attached) 1-4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated August 11,2009 and September 8, 2009. (Copies attached) I - 5 Minutes of the Clarington Heritage Committee dated June 16, 2009, (Copy attached) I - 6 Minutes of the Clarington Agricultural Advisory Committee dated September 3, 2009. (Copy attached) I - 7 Minutes of the Clarington Accessibility Advisory Committee dated September 9, 2009. (Copy attached) I - 8 Bob Malcolmson, CEO & General Manager, Greater Oshawa Chamber of Commerce, forwarding a copy of a media release outlining details of correspondence the Chamber sent to Prime Minister Stephen Harper and Premier Dalton McGuinty voicing their concern with the decision to suspend the RFP process for new nuclear power for Ontario at a time when the Canadian economy is in severe recession; indicating the loss of this build is devastating to the economies of the Province and the Region and impacts the construction industry, suppliers, manufacturers, transportation and the local university; warning that Canada's Technology future is at stake; urging both levels of government not to make the same mistake with Nuclear as Canada did in 1959 when Government cancelled the A VRO Arrow, crippling the domestic aerospace industry and sending the country's engineers and scientists south; and, commenting that if Canada is going to be able to position itself to be a leader in the nuclear renaissance, Ontario must make a decision and send an important message to the world that Ontario's nuclear manufacturers are open for business. Summary of Correspondence - 2 - September 21 , 2009 I - 9 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility due to health risks, increased pollution, lack of adequate monitoring and safety precautions; suggesting advertising the garbage incinerator in Courtice as "Clean Energy From Waste" was misleading, requesting Council to think of the health of future generations; requesting how this project can be stopped; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Gloria Duggan b) Virginia Ervin, CEO, Durham Federal Green Party Association c) Judy Sharpe I - 10 Karen O'Brien, Community Engagement Consultation, Central East LHIN, forwarding background information on funding for supportive housing for Ontario Addictions Programs to help people who are homeless or at risk of homelessness and who may be repeat users of addictions treatment system, have complex addition problems or concurrent disorders; indicating the Central East LHIN will receive $423,000 for 32 supportive housing units to help people living with addictions to increase stability and security in their lives and to reduce pressure on hospital emergency rooms; and, advising of the creation of the Minister's Advisory Group on Mental Health and Addictions and the Select Committee on Mental Health Additions which will provide input on the development of a long-term strategy for mental health and additions for the province. I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 29,2009, the City of Oshawa adopted the following resolution pertaining to the Draft Environmental Assessment Report - Energy From Waste Facility: "THAT the draft Environmental Assessment Report concerning the Durham/York Residual Waste Study incorporating previous draft Assessment Reports and a description of the vendor selection process, the undertaking, an assessment of the potential effects of the undertaking and statements of commitment be rejected; and, The City of Oshawa send a letter to the Minister of the Environment and to the Environmental Assessment Review Process staff indicating: Summary of Correspondence - 3 - September 21 , 2009 1. THAT the City of Oshawa continues to oppose the construction of an Energy From Waste (incinerator) Facility in the Municipality of Clarington; and, 2. THAT the City of Oshawa considers the Environmental Assessment Review process and public consultation to be insufficient to support such a project; and, 3. THAT the City of Oshawa urges the Minister to: a. reject the Environmental Assessment application, or b. failing that decision, to require the Region of Durham to redo the Environmental Assessment process by looking at all options beyond incineration and to ensure full and effective public consultation in all member municipalities in the Region of Durham; and, THAT copies of this resolution be sent to the Regions of Durham and York, their member municipalities, their MPs and MPPs and to the leaders of the political parties in the Ontario Legislature and Canadian Parliament. " I - 12 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable James Bradley, Minister of Transportation, advising that on June 24, 2009, Durham Regional Council adopted the following resolution pertaining to the Highway 407 East Completion Environmental Assessment (EA) - Pre-submission Review of the Draft EA Report: "a) THAT Regional Council endorse the Technically Preferred Route, consisting of the Highway 407 Mainline, West Durham Link and East Durham Link in principle, as the basis for the submission of the Final EA Report to the Minister of the Environment; b ) THAT the Region urges the Ministry of Transportation to commit to the construction of the entire Highway 407 Mainline, West Durham Link and East Durham Link by 2013 as one phase of construction; c) THAT the Lake Ridge Road interchange at Highway 401, and the widening of Highway 401 between Salem Road and the West Durham Link, be included in the five-year construction program for Southern Ontario highways (i.e. 2009-2013), to coordinate with the construction of the West Durham Link; Summary of Correspondence - 4 - September 21,2009 d) THAT as part of the five-week Pre-Submission Review, Regional staff provide comments to the Project Team on the Draft EA Report and Preliminary Design of the Technically Preferred Route during the Council summer recess; e) THAT the Ministry of Transportation be requested to work closely with the Region and area municipalities following submission of the Final EA Report, through further design work and implementation plan development; and f) THAT the Ministry of Transportation not preclude the future connection of the transitway along the West Durham Link to a potential GO Station south of the Highway 401 in the area of Lakeridge Road through design and by including in the Highway 407 Environmental Assessment Study a notation showing this possible future connection; g) THAT the design and construction of all structures crossing the Highway 407 Mainline, West Durham Link and East Durham Link include adequate provision to accommodate pedestrians, cyclists and persons with disabilities, at no cost to the Region or area municipalities; and h) THAT a copy of Joint Report #2009-J-25 be forwarded to the Ministry of Transportation, area municipalities and Conservation Authorities. " I - 13 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of the Long Term Terrestrial Monitoring Program Report, the Aquatic Monitoring Program 2008 Annual Report and the Wildlife Monitoring Program 2008 Annual Report, received and endorsed by CLOCA's Board of Directors on June 23, 2009. Summary of Correspondence - 5 - September 21,2009 I - 14 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation, (OPG) advising that OPG is continuing with the federal approvals process for new nuclear units at the Darlington Nuclear Generating Station, as suspension of the nuclear procurement process announced by the Province on June 29, 2009, does not include suspension of the federal approvals process; indicating that OPG is working to complete the Environmental Impact Statement (EIS) and application for a licence to prepare the site (L TPS) and will submit the EIS and the application for a L TPS to a federally-appointed Joint Review Panel in the fall of 2009; and, will keep Council informed through regular updates as the work progresses. I - 15 Dave Wartman, Director, Atmospheric Monitoring, Weather and Environmental Monitoring Directorate, Meteorological Service of Canada, responding to Council's request for Environment Canada to investigate the installation of a weather station in Clarington; indicating that unfortunately, it is not possible for Environment Canada to establish monitoring stations in every community, noting there is an automatic weather station located in Cobourg, weather stations located in Peterborough and Toronto Buttonville Airport and volunteer climate stations located in Marsh Hill, Blackstock and Oshawa; advising that the Meteorological Service of Canada (MSC) continually reviews their network configuration relative to weather and climate information requirements, new technologies and potential partnerships to lead to improvements in services; and, advising that although the MSC has no immediate intention to install a full automatic station in the vicinity of Clarington, they are considering the establishment of a broader cooperative observing system, and inviting the Municipality to contact Joanne St-Coeur, Regional Director, Weather and Environmental Operations, Meteorological Service of Canada should Council wish to discuss this further. I - 16 John R. O'Toole, MPP, Durham, writing further to Council's resolution concerning the control of giant hogweed; forwarding correspondence he received from the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, responding to a constituent's concerns regarding giant hogweed and outlining options for the management of the species including provisions for municipalities to pass by-laws whereby giant hogweed would be considered a noxious weed within the area that the by-law applies and the use of certain pesticides, exempted under the Pesticides Act ,for killing plants that are poisonous to the touch, including giant hogweed. Additional information is available on the Ministry's website at www.ontario.ca/pesticideban or bv callinq 1-800-565-4923. Summary of Correspondence - 6 - September 21,2009 I - 17 Harshad Patel, P.Eng., B. C. Instruments, Member of the Organization of CANDU Industries, applauding the Ontario Power Authority's (OPA) suggestion for new nuclear power plants to be part of Ontario's future base load supply; advising that B. C. Industries has designed, manufactured and supplied several components and assemblies for CANDU Nuclear Reactors over the past 30 years and supports Canadian-made CANDU reactors as Ontario's best choice; urging the Ontario Provincial government to choose CANDU nuclear for its new nuclear build program, helping to keep jobs and economic benefits in Ontario; and, urging the Ontario Government not to repeat history and lose Canadian technology as evidenced when the Federal Government scrapped the "AVRO Arrow" program; and, to reconsider ACR1000, designed by AECL to ensure clean energy for long-term survival. I - 18 The Honourable John Baird, Minister of Transport, Infrastructure and Communities, and the Honourable George Smitherman, Ontario's Deputy Premier and Minister of Energy and Infrastructure, advising that the Municipality of Clarington was selected and approved for funding under the Infrastructure Stimulus Fund, a collaborative partnership between all three levels of government, for Federal funding in the amount of $826,667 and Provincial funding in the amount of $826,667 for the Concession Road 6 Pavement Rehabilitation - Old Scugog Road to Acres Road Project; and that staff from the Canada-Ontario Infrastructure Secretariat will develop a Contribution Agreement to ensure funds will be reimbursed without delay. I - 19 The Honourable Dalton McGuinty, Premier of Ontario, writing to Allan P. Lafontaine, President, Tax Recovery Group, concerning the proposed single, value-added sales tax announced in the 2009 Ontario Budget, thanking the Group for their input and support of the Province's tax reform which will make Ontario's economy more competitive for the benefit of citizens and businesses; and, advising that the specific issue raised regarding the rebate for municipalities under the new tax system has been forwarded to the Honourable Dwight Duncan, Minister of Finance, for a direct response to the Tax Recovery Group. Summary of Correspondence - 7 - September 21 , 2009 I - 20 Oak Ridges Trail Association Media Release dated August 13, 2009, announcing the Oak Ridges Moraine has received funding support in the amount of $144,800 to allow the Oak Ridges Trail Association, the Oak Ridges Moraine Land Trust and Save the Oak Ridges Moraine to join forces under a common brand: "The Moraine. For Life. Working Together for the Oak Ridges Moraine." to work collaboratively on outreach and education, developing a joint membership/donor base and coordinating community supports by adopting and implementing common volunteer management policies, sharing resources and encouraging greater awareness of the moraine. Further information is available by contacting Stan Butcher, Acting Executive Director, Oak Ridges Trail Association at execdir@oakridqestrail.orq or Judy Gilchrist, Research Development Officer at jq ilch rist@stormcoalition.orq. I - 21 Ann-marie Harley, Event Organizer, Newcastle's Art Show Inc., a not for profit corporation operating as a Gift of Art, Clarington's Artist & Artisan's Outlet, thanking Council for support of this community event and staff of the Operations Department for their efforts in putting the grounds at the Bond Head Parketle in immaculate condition for the 2009 show; advising they are introducing "Music' on a Sunday Afternoon" in the garden behind 20 Robert Street West in an attempt to introduce the community to the Gallery and that they expect to have their catalogue of fall and winter classes available for distribution on August 15th; and, extending an invitation to Council to drop by and enjoy the continually evolving artistic works of the people of Clarington and surrounding areas. I - 22 Barbara Karrandjas, Legislative Administrator, Town of Caledon, writing to the Standing Committee on General Government of the Provincial Legislature, advising that on August 4, 2009, the Town of Caledon, adopted the following resolution pertaining to the Mininq Act and Aqqreqate Resources Act: "THAT Report LS-2009-003 regarding Proposed Amendments to the Mininq Act and Recommended Amendments to the Aqqreqate Resources Act be received; and THAT Council support the following amendments to the Aqqreqate Resources Act: 1. THAT the purpose section recognize that mineral resources cannot be extracted where there are threats to the environment or water, Summary of Correspondence - 8 - September 21,2009 2. THAT municipalities have the same power as the communities in the Far North have in regard to mining - namely the power to designate areas as inconsistent with resource extraction, whether mining or aggregate extraction, and 3. THAT the Minister of Natural Resources has the power to exclude Crown lands from the extraction of aggregate resources on environmental considerations. THAT Council authorize the submission of Report LS-2009-033 regarding Proposed Amendments to the Mininq Act and Recommended Amendments to the Aqqreqate Resources Act and Council's Resolution regarding the Report to the Standing Committee on General Government of the Provincial Legislature; and THAT Council instruct the Clerk to forward Report LS-2009-033 regarding Proposed Amendments to the Mininq Act and Recommended Amendments to the Aqqreqate Resources Act and Council's resolution in regard to the Report to the Standing Committee on General Government, to The Honourable Donna Cansfield, Minister of Natural Resources, to Sylvia Jones, MPP, to the Association of Municipalities of Ontario (AMO), the Caledon Environmental Advisory Committee (CEAC), to the Coalition of concerned Citizens (CCC), to the Canadian Institute for Environmental Law and Policy (CIELAP), the Toronto Environmental Alliance and to the major aggregate producer municipalities in Ontario. " I - 23 Correspondence has been received from the following individuals/groups nominating various roads under the Municipal Roads Coalition's Worst Municipal Roads Program; urging Council to support the campaign which emphasizes the urgent need for funding from the Federal and Provincial Governments; and, encouraging Council to publicly call on the Prime Minister of Canada and the Premier of Ontario to commit to share more gas tax revenue with communities to help repair municipal roads and bridges. Name Road Alex Mitchell Concession Road 6, west of Solina Village Matthew Marsh Concession Road 6 Megan Barker Concession Road 6 Summary of Correspondence - 9 - September 21 , 2009 Wm Bruce Luke Concession Road 6 Wesley Werry Concession Road 6 Caroline Matthews Old Scugog Road Old Scugog Road Ken Andrews Henry Gassmann Old Scugog Road John Whitehead Arthur Street Darlene Sheppard Cobbledick Road Mark Dempster Regional Road #57 I - 24 Doug Hately suggesting that the campaign to name the worst municipal roads is a misguided waste of time as he feels Clarington's roads are in excellent condition and that the real problem is with drivers' poor driving habits. Mr. Hately suggests that there needs to be much stronger enforcement of traffic laws to make the roads safer and that the occasional bump is good for slowing down speeders. I - 25 Goldak Airborne Surveys advising that they have been contracted by Health Canada to provide an airborne survey of a large portion of southern Ontario, including the Municipality of Clarington; indicating that as part of their "Work Zone Plan" to Transport Canada, they are required to notify the municipality of the work being undertaken; advising that the survey will be conducted between September 1 and December 1,2009, and will entail the use of a twin engine Piper Navajo aircraft equipped with survey equipment and two pilots flying at an altitude of 150 metres above the highest obstruction in the community in a grid pattern with flight lines one kilometer apart so the number and frequency of passes and noise impact to the community will be minimal. Further information is available by contacting Goldak Airborne Surveys at 306-249-4474. Summary of Correspondence - 10 - September 21 , 2009 I - 26 Christine A. Fahey, Project Director, Port Hope Area Initiative Management Office, AECL, informing the Municipality that the Responsible Authorities, Natural Resources Canada and the Canadian Nuclear Safety Commission, have supported the conclusions of the Environmental Assessment Screening Report Port Granby Long-Term Low-Level Radioactive Waste Management Project; indicating that the project is not likely to cause significant adverse environmental effects, and supporting the recommendations for the mitigation measures and preparation of the necessary Follow- Up Plan and Program. In the event that the Municipality of Clarington finds that the Project described in the final Screening Report is not that which was previously consented to by the Municipality, the Legal Agreement provides for a 50-day consultation period followed by a 30-day period for the Municipality to decide if it wants to proceed with the project and the proponent has requested to be informed of the Municipality's intent in this regard. I - 27 Lion Linda Duffie, Past President, Bowmanville Lions Club, extending appreciation to their corporate sponsors for helping to make the 14th Annual Rubber Duck Derby a success and looking forward to continued involvement next year. I - 28 Association of Municipalities of Ontario (AMO) Member Communication dated August 26, 2009, providing an update on the communications requirement of the Federal Gas Tax Fund advising that municipalities have a responsibility to communicate with the public to promote the benefits of the Federal Gas Tax Fund by showing that long term, predictable funding leads towards investments in environmentally sustainable infrastructure and demonstrating the success of the Federal-Municipal partnership; and, encouraging municipalities to take advantage of the Federal Gas Tax Fund communications toolkit available on the AMO website, to notify AMO of upcoming events related to gas tax funded projects for assistance in preparing news releases, media advisories and invitations to ground-breaking or ribbon-cutting ceremonies, and to submit photographs of gas tax funded projects for inclusion in AMO's future GTF Annual Reports and GTF Outcomes Reports. I - 29 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, forwarding a copy of the 2008 Oak Ridges Moraine Foundation Annual Report profiling the Foundation's many partners - agencies, non-government organizations and landowners who have committed their knowledge, time and energy to protecting The Moraine. For Life. Summary of Correspondence - 11 - September 21 , 2009 I - 30 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, forwarding the 2009 reporting requirements for the Municipal Performance Measurement Program (MPMP) and schedule containing the list of measures effective January 1, 2010; indicating Municipalities will begin reporting tangible capital assets and amortization in their financial statements in accordance with the Public Sector Accounting Board's Guideline PS 3150; advising that the Ministry is presently exploring the feasibility of adding measures concerning building services, social housing, long-term care and museums; and, inviting municipalities to subscribe to Municipal Information Data and Analysis System (MIDAS), AMO's web-based software tool providing municipalities with free access to MPMP and FIR data to enable staff to perform self-generated comparisons with other municipalities. I - 31 Durham Region Transit (DRT) advising that DRT is in the process of developing a Long-Term Transit Strategy to layout a vision, assess alternatives, and establish specific directions for transit in Durham Region and the role that rapid transit will take in the years to come; and, inviting members of the public to attend Open Houses across the Region to gain public input. In Clarington, the Public Information Centre will be held at the Garnet Rickard Centre - North Hall, on November 2,2009, from 4:00 p.m. to 8:00 p.m. I - 32 Association of Municipalities of Ontario (AMO) Member Communication dated September 3, 2009, advising of Federal and Provincial funding programs for rural and northern broadband development under the Federal Broadband Canada Program and the Province's Building Broadband in Rural and Northern Ontario programs; advising that funding is available to eligible private sector companies, consortiums, not-for-profit organizations and municipalities to assist in bringing broadband connectivity to unserved and underserved areas; and, that the application period is open until October 23, 2009. Summary of Correspondence - 12 - September 21,2009 I - 33 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, providing an update on the progress of uploading of previously cost-shared social benefit programs i.e. Ontario Disability Support Program (ODSP) and Ontario Drug Benefit (ODB) off the municipal property tax base; indicating that in 2010 the Province will gradually phase in the uploading of costs of the Ontario Works Benefits (Income and Employment Assistance) and in 2012 will phase in the upload of municipal costs for court security and for transportation of prisoners; advising that the Province continues to be mindful of municipal infrastructure pressures and have repeatedly made the case to the Federal government for increased assistance for infrastructure funding; and, encouraging municipalities to continue allocating some of the savings realized from the uploads to municipal infrastructure. I - 34 Bruce Pearse, Chair, Land Use Council (LUC), writing to the Honourable Donna Cansfield, Minister of Natural Resources, expressing concern with the fast-tracking of proposed species habitat regulations into legislation with a lack of balanced, effective and timely landowner consultation and communication by the Ministry of Natural Resources, and expressing concern with the implementation and enforcement of the EndanQered Species Act 2007 and prospect of fines and sentences for violators charged under the strict liability provisions of the Act. I - 35 Edmond Vanhaverbeke, President, Syvan Developments Limited, commending Municipal staff, specifically Rick Pigeon and Gord Weir, for their involvement in an emergency situation that occurred on May 8, 2009, when a portion of the existing foundation wall of 101- 109 King Avenue West collapsed forcing the evacuation of commercial businesses and residential apartments and also expressing appreciation to Mayor Abernethy and Councillor Robinson and Councillor Woo for attending the site and providing support. Mr. Vanhaverbeke reports that the building addition is now coming along very well, is fully leased in advance and will be an attractive addition to Newcastle's downtown. I - 36 Libby Smithson, Debbie Dunham, Yvonne Stefanin, Althea Chaffey, BBa Committee, Newtonville Community Hall Board extending appreciation to the Municipality for helping to make their barbeque on August 9th a successful day filled with fun, good food and music for kids and adults alike and looking forward to next year's event. Summary of Correspondence 1-37 1-38 1-39 - 13 - September 21 , 2009 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding information on CLOCA's 2009 Watershed Awards to recognize environmental contributions made by the community towards the stewardship and enhancement of the watersheds and seeking nomination suggestions for contributions made by individuals, community groups and businesses/corporations. The deadline for submission is September 25,2009. Michael Binder, Canadian Nuclear Safety Commission (CNSC) forwarding a copy of the CNSC Staff Integrated Safety Assessment of Canadian Nuclear Power Plants for 2008, evaluating how well licensees are meeting regulatory requirements and CNSC expectations to ensure the health and safety of Canadians and the environment; providing an overview of the safety performance of Darlington Nuclear; indicating the Darlington integrated plant rating for 2008 was "Fully Satisfactory", all safety and program areas were rated at either "Fully Satisfactory" or "Satisfactory" with the exception of the Equipment Oualifications rated at "Below Expectations" due to the incomplete environmental qualification requirements of equipment at the station; however, a project has been underway to meet all requirements and is scheduled to be completed by December 31, 2010. The correspondence confirms that overall, Ontario Power Generation made adequate provision for the protection of the environment, health and safety of persons and measures required to implement Canada's international obligations. Stu Seedhouse, Senior Vice-President, Darlington Nuclear, providing information on the 2008 annual Canadian Nuclear Safety Commission (CNSC) assessment of Canadian nuclear stations; indicating that the CNSC assessment concluded Ontario Power Generation's (OPG) Darlington Nuclear operations were "Fully Satisfactory" and Pickering A and B stations performed at a "Satisfactory" level; advising that Darlington received 10 "Fully Satisfactory" marks, 10 "Satisfactory" grades and one "Below Expectations" mark of the 21 categories graded; advising that the "Below Expectations" mark was for the Equipment Oualification program and the rating was expected as the program is currently the subject of a continuous improvement process, and noting that until the process is completed in 2010, the mark in the EO category will remain the same; and, indicating that he would be happy to answer questions individual Council members may have on this or any other issue. Summary of Correspondence - 14 - September 21,2009 CORRESPONDENCE FOR DIRECTION D - 1 Grace Flonk, requesting staff investigate repairing or paving Lovers Lane. (Motion to refer correspondence to the Director of Engineering Services) D - 2 Bernice Watson expressing concern with the loss of acute care services and on site internists from Lakeridge Health Bowmanville as proposed by the LHIN, the impact the decision will have on quality of care and the domino effect on other services such as EMS who are already transporting and waiting with patients in various hospitals and the impact this may have on the number of vehicles/staff needed to transport patients no longer able to stay in Lakeridge Health Bowmanville; and, questioning the rationale of removing acute care services from a thriving hospital and a growing community. (Motion to refer correspondence 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 - 3 The Honourable Bev Oda, PoCo, M.P., Durham, advising that she has been approached by several of her constituents and residents of the Veltri Complex expressing concern that there is no break in traffic flow on King Street East in Bowmanville between Liberty Street and Division Street creating a dangerous situation for many seniors and others who need to cross this stretch of road; and, questioning whether the Municipality has given any consideration into installing traffic calming measures, such as a crosswalk, on this section of the road. (Motion to refer correspondence to the Director of Engineering Services) Summary of Correspondence - 15 - September 21,2009 D - 4 Association of Municipalities of Ontario (AMO) Member Communication dated July 15, 2009, advising the Ministry of Transportation is accepting applications for the 2009-2010 Ontario TDM Municipal Grant Program: A Program to Encourage cycling, Walking, Transit and Trip Reduction. The program will provide financial assistance to Ontario Municipalities for the development and implementation of TDM plans, programs and services that promote alternatives to driving alone. Program details are available on AMO's website and the deadline for receipt of applications is October 2, 2009. (Motion to refer correspondence to the Director of Engineering Services) D - 5 Association of Municipalities of Ontario (AMO) Member Communication dated July 15, 2009, advising the Province has released the draft Built Environment Standard under the Accessibilitv for Ontarians with Disabilities Act, 2005 for public review and comment. The initial standard was developed by an external Accessible Built Environment Standards Development Committee (SDC) who will review comments and finalize a proposed standard for submission to the Minister of Community and Social Services based on public feedback. The review period is from July 14, 2009 to October 16, 2009, AMO is urging its members to review the proposed standard and to provide comments and will be developing a response to the standard outlining municipal issues and concerns. (Motion to refer correspondence to the Municipal Clerk) D - 6 Bobby-Jo Penney, opposing the proposed demolition of Camp 30; and, requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations. (Motion to refer correspondence to the Director of Planning Services) D - 7 Beth Cullen-Keidann, Public Health Nurse, Region of Durham, advising October is recognized as "International Walk to School Month" and Wednesday, October ih is known as "International Walk to School Day (IWALK)"; inviting the residents of Clarington to participate in the 9th AnnuallWALK events such as walking, cycling and wheeling as a means by which to get to and from school; highlighting the benefits of participating in active transportation; and, encouraging the Municipality to proclaim the month of October as "Walk to School Month" and October 7th as "International Walk to School Day". (Motion to Proclaim) Summary of Correspondence - 16 - September 21, 2009 D - 8 Karyn Kennedy, Executive Director, and Siew Lee Brett, Manager of Fund Development, Boost: Child Abuse Prevention & Intervention, advising of the 5th Annual "Go Purple for Prevention! Campaign" to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth and to raise funds to support the organization's primary prevention programs; and, requesting Council to proclaim October as "Child Abuse & Neglect Prevention Month" and to encourage citizens to wear something purple to show their support. (Motion to Proclaim) D - 9 Clinton Shane Ekdahl, expressing concern with the disappearance of honey bees in alarming numbers all over the world succumbing to Colony Collapse Disorder (CCD) and with the resulting impact on plant species and their role in the stability and survival of the environment; and, requesting that May 29,2010 be declared as the first annual "Day of the Honey Bee", and thereafter in perpetuity, to raise awareness and respect for Honey Bees. (Motion to Proclaim) D - 10 Donald G. Duthie, Sponsoring Chairman, 172 Clarington Osprey Squadron, Royal Canadian Air Cadets, requesting permission to hold a Tag Weekend starting October 1 through to October 4,2009. (Motion to approve the 172 Royal Canadian Air Cadet Squadron's request for Tag Days October 1, 2009 to October 4, 2009) D - 11 Ive Balins, Crohn's and Colitis Foundation of Canada, advising the month of November has been officially designated by the Federal Minister of Health in 2006 in an effort to advance public understanding of the urgency of finding a cure for Crohn's disease and ulcerative colitis; and, requesting that the Mayor provide a letter of support for local and national based initiatives and that November, 2009 be proclaimed as "Crohn's and Colitis Awareness Month" in Clarington. (Motion to Proclaim) Summary of Correspondence - 17 - September 21,2009 D - 12 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, Christine Norris, President, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and Peter Hume, President, Association of Municipalities of Ontario (AMO), advising of the positive response received from municipalities and schools that participated in Local Government Week 2008 and extending an invitation to participate in "Local Government Week" to be held October 18 to 24,2009, to showcase the services municipalities provide to the community as well as the wide range of careers in local government; and, forwarding an updated information package and resource guides for use in planning activities and events that would be of interest to schools and the general public. (Motion to Proclaim) D - 13 Correspondence has been received from the following individuals advising the Bowmanville Tennis Club is part of Bowmanville's historic core providing a first class outdoor sport facility maintained at no cost to the municipality; expressing concern with the potential loss of the Bowmanville Tennis Courts and the expansion of parking into the local community park as a solution to the parking problems experienced by the Older Adult Association; suggesting the Older Adult Association consider satellite locations to expand their programming; and, urging Council to recognize the club's historic and community value and to find another solution to the parking problem. a) Kim Majid, President, Bowmanville Tennis Club b) Pat Marjerrison c) Melanie and Rod Mcarthur d) Jo-Anne L. James e) Allison Fellowes Strike f) Timothy James g) Sally Christmas h) Dorothy Kelly (Motion to refer correspondence to the Director of Engineering Services) D - 14 Douglas Morgan offering a compromised solution to the parking issue at the Clarington Beech Centre, suggesting that the Bowmanville tennis courts be turned into additional parking at the end of this year's tennis season on the guarantee that new courts be built early next spring to the west of the existing courts and realigning the horseshoe pitches creating additional parking to the south. (Motion to refer correspondence to the Director of Engineering Services) Summary of Correspondence - 18 - September 21,2009 D - 15 Bill Humber, Representative of the Old Bowmanville Neighbourhood Association, in opposition to the Clarington Older Adult Association's request for additional parking at the Clarington Beech Centre, indicating the request will impact neighbourhood resources including the tennis courts and green space. (Motion to refer correspondence to the Director of Engineering Services) D - 16 Brittany Johnston expressing concern with the dangerous situation at the intersection of Division Street and Wellington Street and the perception of many drivers that it is a four-way stop; advising of several incidents in which drivers travelling along Wellington Street failed to yield to drivers travelling along Division Street; and, suggesting the intersection be made into a four-way stop to address safety concerns. (Motion to refer correspondence to the Director of Engineering Services) D - 17 Correspondence has been received from the followil)g West Beach cottagers outlining their family history and personal significance of the Bowmanville West Beach; requesting to remain in their cottages until the new park is an established reality; suggesting that their presence on the beach would be a deterrent to acts of vandalism and hoping that the Municipality will grant life-time leases to the present owners similar to what has been done in Sand Banks Park and Toronto Islands: a) Chuck and Gail MacDonald b) Dr. Edwin J. Bounsall c) Gary Cole d) Shirley Fowler e) Jean Severs (Motion to refer correspondence to the Director of Planning Services) D - 18 Sid Ryan, President, Canadian Union of Public Employees (CUPE) and Tracy Saarikoski, President, The Ontario Coalition for Better Child Care (OCBCC) requesting that Wednesday, October 21,2009, be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in Clarington, in recognition of the many people who work providing care to children and contribute to the economic life of communities. (Motion to Proclaim) Summary of Correspondence - 19 - September 21,2009 D - 19 Newcastle Business Improvement Area requesting permission to extend the street closure of King Avenue to Baldwin Street and include the intersection of Mill Street as a result of increased interest from vendors for the Annual Fall Festival to be held October 3,2009. (Motion to approve provided the Organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 20 Kerry Meydam tendering her resignation from the Samuel Wilmot Nature Area Management Advisory Committee. (Motion to receive correspondence with regret and refer to the Municipal Clerk) D - 21 Sandy Archibald, First Impressions Exchange Co-ordinator, Clarington Marketing Minds (CMM) advising that CMM will be participating in a community exchange through the First Impressions Program in October, 2009, a program adopted by the Ontario Ministry of Agriculture, Food & Rural Affairs in 2005 in which participating communities gain valuable insight and knowledge into the impressions of their community by a first-time visitor; indicating that the groundwork for Clarington's participation was endorsed by Members of Council in 2007 when approval was granted for Clarington Tourism to participate when a suitable community exchange was confirmed; advising that October has been determined as the exchange period with the Woodstock area; and, respectfully requesting that Council support the initiative, in principle, permit staff of Communications and Tourism to act as a resource; and, consider appointing a Council member to participate as a secret visitor. (Motion for Direction) Summary of Correspondence - 20 - September 21,2009 D ~ 22 D - 23 Teresa Van Raay, Pork Producer, South Western Ontario, advising that the Canadian Pork industry is going into its third year of losses and the ability for the industry to obtain a fair price for their product and continue to provide food for Canadians and the world is being threatened by the economy and American legislation affecting the ability to export live animals to the U.S.; indicating that US pork is being imported to Canada because they can supply at a discounted rate; that if the Canadian pork industry is decimated, there will be major effects not just to pork farmers but to lending institutions, farm equipment operators, feed companies, smaller retailers, veterinarians, genetics companies and many others, noting there is $7.7 billion in economic activity and $2.1 billion in wages and salaries directly attributed to pork export; requesting that all levels of government recognize there is a crisis and that action is required immediately to provide support for the pork producers. (Motion for Direction) Tracey Burrows, Committee Clerk, City of Burlington, advising Council that on July 6,2009, the City of Burlington adopted the following resolution pertaining to BurlingtonGreen resolution regarding Ontario Regulation 444/98 (Disposition of Surplus Real Property): "WHEREAS Ontario's Places to Grow Act recognizes that in order to accommodate future population growth, support economic prosperity and achieve a high quality of life for all Ontarians, planning must occur in a rational and strategic way and; WHEREAS the Government of Ontario recognizes within the Places to Grow Act that an integrated and coordinated approach to making decisions about growth across all levels of government will contribute to maximizing the value of public investments and; WHEREAS a key purpose of the Places to Grow Act is to enable decisions about growth to be made in ways that sustain a robust economy, build strong communities and promote a healthy environment and a culture of conservation and, WHEREAS the Government of Ontario's Places to Grow Act encourages municipalities, conservation authorities, non- governmental organizations and other interested parties to develop a system of publicly accessible parkland, open space and trails including shoreline areas, within the Greater Golden Horseshoe and; Summary of Correspondence - 21 - September 21,2009 WHEREAS the Places to Grow Act encourages municipalities to establish an urban open space system within built-up areas, which may include rooftop gardens, communal courtyards and public parks and; WHEREAS the sale of existing, public green space or active or passive parkland associated with surplus school sites by local school boards solely and fully for commercial redevelopment is fundamentally contrary to the intent, purpose and spirit of the Places to Grow Act for the Greater Golden Horseshoe as identified above and; WHEREAS a large majority of existing public greenspace or active or passive parkland associated with surplus schools sites and owned by local school boards have been in use by the public for decades and have become significant elements of that community's system of publicly accessible parkland, open space and trails and; WHEREAS local school boards are constrained in their consideration of innovative, community oriented and future focused opportunities for the disposal of surplus properties necessary to meet the purpose, intent and spirit of the Places to Grow Act because of Ontario Regulation 444/98 (Disposition of Surplus Real property) and in particular the Government's requirement that an "offer must be for sale, lease or other disposition of the property at fair market value"; THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately amend Ontario Regulation 444/98 (Disposition of Surplus Real Property) to require meaningful consideration of innovative, community oriented and future focused opportunities for the disposal of surplus properties necessary to meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality's system of publicly accessible parkland, open space and trails and further; THAT the Government of Ontario and the Ministry of Education direct local school boards to explore innovative, community oriented and future focused opportunities for the disposal of surplus properties with local municipalities on a "first right of refusal basis" in order to meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality's system of publicly accessible parkland, open space and trails and further; Summary of Correspondence - 22 - September 21,2009 THAT the Government of Ontario and the Ministry of Education introduce sufficient flexibility in the Ontario Regulation 444/98 (Disposition of Surplus Real Property) requirement for local school boards to sell, lease or otherwise dispose of property at fair market value for the purposes of those projects that meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality's system of publicly accessible parkland, open space and trails; and THAT this resolution be circulated to the Premier of Ontario, the Ontario Minister of Education, Burlington MPP's, GTA Mayors, the Chair and Members of the Halton District School Board and the Halton Catholic District School Board and to the Chair and Board of Directors of the Association of Municipalities of Ontario." (Motion for Direction) D - 24 Glen R. Knox, County Clerk, County of Simcoe, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on June 30, 2009, the County of Simcoe adopted the following resolution pertaining to Hospital Funding Gap: "THAT the following resolution provided by the Growing Communities Healthcare Alliance be approved: 'WHEREAS Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; AND WHEREAS the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the provincial rate; AND WHEREAS population growth in these regions will further intensify due to Ontario's 30-year growth plan, Places to Grow; AND WHEREAS as of 2008/09 Ontarians residing in the Local Health Integration Networks (LHINs) with high growth communities are receiving $255 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services - and these provincial funding gaps are worsening each year; Summary of Correspondence - 23 - September 21 , 2009 AND WHEREAS residents of the County of Simcoe, as part of the North Simcoe Muskoka LHIN, are receiving $134 less pef resident in provincial funding for local hospital services compared to the average Ontarian, which translates into a $238 million annual operating funding gap for local hospital services; AND WHEREAS Ontarians living in high growth communities of the GT A/905 are receiving $193 less per resident for provincially funded local social services when compared to the average Ontarian, which tfanslates into a $641.9 million annual operating funding gap for local provincially funded social services - and these provincial funding inequities also worsening each year; AND WHEREAS the Government of Ontario has acknowledged the growing funding gaps fOf hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; AND WHEREAS the provision of $30 million in hospital growth funding for 2008/09 still means that the provincial funding gap for hospital cafe continues to widen in high growth communities; AND WHEREAS the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; NOW THEREFORE BE IT RESOLVED THAT in order to improve timely and local access to hospital cafe in the County of Simcoe and across high growth communities in Ontario, the Council of the County of Simcoe asks the Government of Ontario to: 1. Speed up implementation of the $100 million hospital growth funding commitment ensuring that growth funding is targeted to high growth hospitals and provide growth funding fOf social services; 2. Ouickly implement a 'Health Based Allocation Model' (HBAM) i.e., population-needs-based funding for provincial hospital and health care services and develop a population-needs- based funding formula for social services; and, Summary of Correspondence - 24 - September 21 , 2009 3. Develop a health care and social services growth plan for Ontario high growth communities to complement Places to Grow; AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs for the County of Simcoe, High Growth Communities Mayors and Chairs, and the North Simcoe Muskoka LHIN'... (Motion for Direction) D - 25 Mike Roche, Social Action Director, Multiple Sclerosis Society, Durham Region Chapter, requesting Council to lobby the Ministry of Transportation to ensure that all sidewalks be at least 1.8 metres or wider on both sides of all bridges over and roads passing under the proposed 407 extension from Brock Road in Pickering and also on the proposed expansion of the 401 to 12 lanes from Salem Road in Ajax to Brock Street in Whitby, even where there are no sidewalks or minimal sidewalks in place, noting that if sidewalks are poorly designed, they can be a barrier to all citizens, not just those who use mobility devices or parents using strollers with children. (Motion for Direction) D - 26 Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee, advising of damages incurred by the communities of Dunnville, Cayuga and points in between on February 13, 2009, as a result of flooding of the Grand River; indicating that estimates have pegged the financial loss at more than $1,800,000; advising that the Province will match every dollar raised by the Haldimand County Disaster Relief Committee on an up to 2:1 ration; and, requesting if the Municipality of Clarington could assist with a donation of $250.00. (Motion for Direction) D - 27 Angie Hache, City Clerk, City of Greater Sudbury, advising Council that on June 10, 2009, the City of Greater Sudbury, adopted the following resolution pertaining to Proposed Workplace Fatalities Family Bill of Rights: "WHEREAS a Proposed Workplace Fatalities Family Bill of Rights would provide fundamental information to the family of victims of workplace fatalities and serious injuries; AND WHEREAS such Bill of Rights would ensure that: Summary of Correspondence - 25 - September 21 , 2009 1. Family members must have the right to designate a representative to act on their behalf in all matters related to the investigation and any follow-up legal actions related to the investigation. 2. Family members must be notified of all meetings, phone calls, hearings or other communications involving the accident investigation team and the employer, and be given the opportunity to participate in these events. 3. Family members must have the opportunity to recommend names of individuals to be interviewed by the accident investigation team and to submit questions to the investigators for response by the interviewees. Family members should be given the access to all transcripts of interview, affidavits, or written statements made by witnesses and others interviewed for the investigation. 4. Family members must have the right to be kept routinely informed (no less than once every 14 days) by the Minister of Labour and their investigators on the progress of the incident investigation, including an estimate of when the investigation will be completed. 5. Family members should have access to all documents gathered and produced as part of the accident investigation, including reports prepared by first responders, police and Ministry officials. Information mentioning the deceased family member's name and condition should not be redacted from documents provided to family members. All fees related to the production of document should be waived for family members. THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury lends its full support to a Proposed Workplace Fatalities Family Bill of Rights; AND FURTHER THAT this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario, the Honourable Peter Fonseca, Minister of Labour, The Honourable Rick Bartolucci, Minister of Community Safety and Correctional Services, and France Gelinas, MPP for Nickel Belt." (Motion for Direction) Summary of Correspondence - 26 - September 21 , 2009 D - 28 Angie Hache, City Clerk, City of Greater Sudbury, advising Council that on June 10, 2009, the City of Greater Sudbury, adopted the following resolution pertaining to Employment Insurance Reform: WHEREAS a healthy unemployment insurance system is the most powerful of all economic stabilizers. In the recessions of the early 1980s and 1990s, Unemployment Insurance (UI) prevented deeper, longer downturns and reduced the shock of job and Gross Domestic Product losses; AND WHEREAS we have entered a new economic crisis with a much weaker Employment Insurance (EI) system that provides benefits to only 40% of the unemployed; and there is a large regional discrepancy in EI allocation that provides uneven coverage to workers across the country, and leaves many with fewer numbers of weeks and lower benefits; AND WHEREAS the federal government stopped contributing to EI and diverted EI premiums to other spending ($54 Billion between 1994 and 2007 instead of restoring EI benefits); AND WHEREAS even the US government has shown leadership through major improvements in the duration of UI benefits and a universal benefit top-up as part of a stimulus package to deal with the crisis; AND WHEREAS 350,000 Canadians have been laid off since last October, and Canada currently has one of the least effective employment insurance systems and among the highest rates of poverty and income inequality in the Western world; AND WHEREAS there will be a negative fiscal impact on all municipalities if residents are unable to access EI benefits or otherwise maintain incomes during this economic downturn, due to the increased reliance on locally provided social programs; THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury call upon the Government of Canada to introduce the following changes to the Employment Insurance system: 1. 360 hours to qualify for EI benefits in all regions of Canada; Summary of Correspondence D - 29 D - 30 - 27 - September 21 , 2009 2. Increase benefit duration to at least 50 weeks in all regions, and provide an additional year of "Special Extension" benefits if national unemployment exceeds 6.5% - paid from federal general revenues; 3. Extend EI Part 1 benefits while a worker is in approved training; 4. Increase benefits to at least 60% of normal earnings, using workers' 12 best weeks, and raise the maximum; 5. Suspend the calculation of severance pay for receiving EI benefits, and eliminate the 2 week waiting period. AND THEREFORE BE IT RESOLVED THAT this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario." (Motion for Direction) Dave Burton, Warden, County of Haliburton, advising Council that on July 22, 2009, the County of Haliburton adopted the following resolution pertaining to the Trent Severn Water Panel Report "It's All About the Water": "BE IT RESOLVED THAT Haliburton County Council requests the Federal Minister of the Environment take action with respect to the recommendations contained in the Trent Severn Water Panel Study Report titled 'It's All About the Water' and further the Ontario Minister of Natural Resources and the Ontario Minister of the Environment be requested to provide an explanation as to why their respective Ministries have not commented or provided input into the recommendations contained in this Report." The County of Haliburton is requesting the municipalities within the Trent Severn Watershed to contact the Federal Ministry of the Environment to provide an update on the status of the recommendations contained in the report. (Motion for Direction) James W. Hale, President, Newcastle Recycling Limited, requesting permission for Frank Wu, Chief Administrative Officer, to meet with Jim Hale respecting an ongoing business issue. (Motion for Direction) Summary of Correspondence - 28 - September 21,2009 D - 31 The Corporation of the Township of Woolwich advising Council that on June 30, 2009, the Township of Woolwich adopted the following resolution pertaining to support for a review of Chapter 27, Sec. 5(2) of the Development Charqes Act 1997: "WHEREAS development charges are collected fees levied on new development to help pay for the infrastructure required to service growth; AND WHEREAS development charges help finance capital projects that would otherwise be financed through property taxes or other means; AND WHEREAS Chapter 27, Section 5(2) of the Development Charqes Act 1997 states that, 'The capital costs, determined under paragraph 7 of subsection (1) , must be reduced, in accordance with the regulations, to adjust for capital grants, subsidies and other contributions made to a municipality or that the council of the municipality anticipates will be made in respect of the capital costs'; AND WHEREAS municipalities in Ontario have recently been approved for grant funding under the Infrastructure Stimulus Fund and Building Canada Fund for capital works that have development charge components; AND WHEREAS municipalities are unable to collect that development charge component when they receive funding from sources such as the Infrastructure Stimulus Fund and Building Canada Fund; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Woolwich requests the Ministry of Municipal Affairs to conduct a review of Chapter 27, Section 5(2) of the Development Charqes Act 1997 and make changes that would eliminate the requirement for municipalities to deduct grant funding received form eligible portion of development charges; AND FURTHER THAT this resolution be forwarded to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, Harold Albrecht, MP, Kitchener-Conestoga, Leeanna Pendergast, MPP Kitchener-Conestoga; and to all municipalities in Ontario for support." (Motion for Direction) Summary of Correspondence - 29 - September 21 , 2009 D - 32 Doug Reycraft, Chair, Community Schools Alliance, forwarding a fact sheet and draft resolution, on behalf of the Executive Committee of the Community Schools Alliance, expressing concern with the Accommodation Review Committee process and impact of the process on communities; requesting the Minister of Education to impose a "smart moratorium" on all school closings that are disputed by municipalities to provide time for the Ministry, school boards and municipalities to work together to develop policies and a working relationship that provides transparency and accountability; and, requesting Council's support of the following resolution: "WHEREAS communities across Ontario are concerned with the Accommodation Review Committee process and the impact this flawed process has on the socio-economic fabric of our municipalities; AND WHEREAS many schools are the hubs of their communities, a better accommodation review system is needed to address the educational facility needs of our residents; AND WHEREAS a system to address the educational facility needs in Ontario must ensure that school boards and municipal councils partner on decisions regarding education infrastructure; AND WHEREAS greater accountability for school board decisions is needed; AND WHEREAS a thorough review of the governance model for school accommodation decisions must include an opportunity to appeal these decisions; AND WHEREAS the accommodation review process should respect and value the input of students, parents, the community and municipality; THEREFORE BE IT RESOLVED THAT the Province of Ontario be petitioned to implement a 'smart moratorium' on disputed school closings to provide the opportunity for the Ministry of Education, school boards and municipalities to work together to develop policies addressing such issues as planning for declining enrolments, a mutually agreed upon Accommodation Review Committee process, a review of funding to rural and small community schools, and transparency and accountability between municipalities and school boards. " (Motion for Direction) Summary of Correspondence - 30 - September 21,2009 D -33 The Township of Madawaska Valley advising Council that on August 4,2009, the Township of Madawaska Valley adopted the following resolution pertaining to an increase in funding to Personal Support Workers providing Home Care Services: "WHEREAS Home Care Service is an essential service in rural Ontario in assisting in the well-being of seniors and individuals with physical and mental disabilities; AND WHEREAS Roy Romanow, Head of the Royal Commission of the Future of Health Care in Canada in 2002 dubbed Home Care Services 'the next essential service'; AND WHEREAS Home Care Service responds to the needs of the patients and assists children, parents, spouses and siblings and the broader community by supporting quality of life and ensuring quality health care so that citizens can continue to participate in and contribute to the economic and social life of their community; AND WHEREAS the Personal Support Workers that provide the home care service create a climate that promotes the optimal physical, social and emotional well being of their clients; AND WHEREAS the need for Home Care Service in Renfrew County is so great that the Personal Support Workers that provide this essential service are overburdened with the amount of clients that they are only able to provide 2 hour visits to their clients; AND WHEREAS Home Care Service clients require a minimum of 4 hours of attention per visit; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Madawaska Valley is seeking support from all municipalities and request that they forward a resolution of support to their local MP, Premier Dalton McGuinty, the Ministry of Health and Long-Term Care, and the County of Renfrew to ensure an increase in funding for additional Personal Support Workers to be hired to relieve the stresses related to a shortage of staff. Summary of Correspondence - 31 - September 21 , 2009 AND FURTHER THAT Personal Support Workers providing Home Care Service be required to provide a minimum of 4 hours of service per client visit which, not only benefits the client, but also allows the primary caregivers the opportunity to maintain a level of normalcy in their daily lives." (Motion for Direction) D - 34 Suzanne Strasberg, MD, President, Ontario Medical Association (OMA), advising of the alarming increase of obese children and adults in Canada; indicating that in the past, municipalities have played an important role in helping raise awareness of OMA initiatives aimed at protecting and improving the health of Ontarians; and, requesting Council's support in adopting a resolution supporting the OMA's efforts in having legislation passed requiring calorie counts to be listed adjacent to food items on menus at chain restaurants and school cafeterias, to provide consumers with information to make healthier food choices and to help children build healthy futures. (Motion for Direction) D - 35 Debbie Leroux, Clerk, Township of Uxbridge, writing to the Honourable David Caplan, Minister of Health and Long-Term Care, advising that on August 14, 2009, the Township of Uxbridge adopted the following resolution pertaining to Provincial Underserved Area Plan: "WHEREAS the Ontario Ministry of Health is considering making changes to its Underserved Area Plan (U.A.P.); AND WHEREAS the Township of Uxbridge has found the U.A.P. to be a useful tool in its recruitment efforts; THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the Township of Uxbridge requests that the Ministry of health reconsider any changes to the U.A.P. that would limit communities that are under-serviced by family physicians programs; AND FURTHER BE IT RESOLVED THAT an extension to the consultation from end of August to late Fall be given to enable communities and the public time to consider the effect of these changes; Summary of Correspondence - 32 - September 21 , 2009 AND FURTHER THAT this resolution be circulated to GTA municipalities, M.P.P.'s, the Minister of Health and the Premier of Ontario." (Motion for Direction) D - 36 Margaret H. Polman expressing concern that sidewalk snowclearing services will no longer be available to seniors, and, requesting Council to reconsider their decision regarding this matter and to continue the service in some shape or form to assist those who benefit the most from the service and who must rely on safe sidewalks to walk to banks, stores and bus stops to conduct their daily business. (Motion for Direction) D - 37 Sandra and David Walton-Ball advising of signs directing the public to the Port of Newcastle, the Bond Head boat launch and Bond Head cemetery and petitioning Council to consider erecting signage near the bridge over Graham Creek on Mill Street South and on the Lakeshore Road entering Bond Head indicating the entrance to "Historic Bond Head established in 1832". (Motion for Direction) D - 38 Corporation of the Town of New Tecumseth, advising Council that on July 13, 2009, the Town of New Tecumseth adopted the following resolution pertaining to Harmonization of Taxes: "WHEREAS the Province of Ontario has proposed to harmonize the Goods and Services Tax with the Provincial Sales Tax effective July 1, 2010; AND WHEREAS considerable concern has been raised by residents and businesses over the negative financial impacts that will occur as a result; AND WHEREAS the Province of Ontario has considered amendments to the proposal and has further made changes to the original proposal; THEREFORE BE IT RESOLVED THAT the Council of the Town of New Tecumseth advise the provincial government of its concern that efforts be made to minimize the financial impact and additional tax on taxpayers and businesses; Summary of Correspondence - 33 - September 21,2009 AND FURTHER BE IT RESOLVED THAT the provincial government be requested to consider that the GST and PST harmonization not include any items, goods or services that are currently subject to only one of the taxes not be subject to the other, so that no new taxation is created; AND FURTHER BE IT RESOLVED THAT this resolution be forwarded to all Ontario Municipalities for their consideration and support." (Motion for Direction) D - 39 Pamela Malott, Chief Administrative Officer, Town of Amherstburg, advising Council that on July 27,2009, the Town of Amherstburg adopted the following resolution pertaining to MPAC Evaluation of Solar Energy Development: "WHEREAS the Province established the Renewable Energy Standard Offer Program (RESOP) and subsequently, the Green Enerqy and Green Economy Act to promote the development of wind, water, solar and biomass power projects; and WHEREAS the Province committed to a balanced and sustainable property assessment system for the renewable energy sector; and WHEREAS the Province committed to consult with municipalities, the Municipal Property Assessment Corporation (MPAC) and the energy generation sector to ensure that the property tax treatment of renewable energy facilities remains fair and consistent, promoting the development of green energy; and WHEREAS the Solar Industry offers unique, clean energy technology to Ontario; and WHEREAS the Ontario market for solar energy is at an early stage of maturity with very little operating solar capacity which warrants a fair approach to Property Assessment to foster wider adoption of this proven technology; and WHEREAS the current valuation method is unfair and burdensome in that the entire property area of the development is assessed at a Full Industrial Rate; Summary of Correspondence - 34 - September 21 , 2009 THEREFORE BE IT RESOLVED THAT we, the Council of the Town of Amherstburg, appeal to the Province of Ontario, Ministry of Finance, to continue consultations with Municipalities and the Solar Industry to reach a fair and equitable property assessment valuation method; and FURTHER THAT until such agreement is reached that assessment be derived by totaling the area of all solar panels in a project to determine PV surface area; and that the PV coverage area (approximately 20%) be assessed at a full Industrial Rate and the balance of the area at a Vacant Industrial land rate; and BE IT FURTHER RESOLVED THAT we, the Council of the Town of Amherstburg, request that AMO lobby the Province of Ontario on our behalf and that a copy of this resolution be sent to Bruce Crozier MP, Dwight Duncan, Minister of Finance and all Municipalities in Ontario requesting their support." (Motion for Direction) D - 40 Jill McKinney, Executive Director, Show Kids You Care, a Trinity Global Support Foundation, providing reliable access to nutritious meals for children in Bowmanville; advising in 2010 they will be holding a public launch at one of their newest breakfast clubs to celebrate their work in communities across Canada and would be grateful if the municipality. were able to contribute to the launch by providing written or recorded words of support. (Motion for Direction) D - 41 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee, advising Council that on September 3,2009, the Clarington Agricultural Advisory Committee passed the following resolution pertaining to Battery Caged Egg Productions "WHEREAS Ontario egg farmers currently provide our community with fresh locally produced Grade A eggs which travel from farm to table in 4 to 7 days; AND WHEREAS Ontario egg farmers take pride in caring for their hens while offering consumers a variety of egg choice; THEREFORE BE IT RESOLVED THAT any resolution with respect to the opposition of battery cage egg production is not supported, and Durham municipalities are cautioned in supporting or promoting specific products without adequate background and research on the matter and Summary of Correspondence - 35 - September 21,2009 BE IT FURTHER RESOLVED THAT the current procurement practice of eggs produced by Ontario egg farmers, is identified as an acceptable, locally sustainable procurement practice; and BE IT FURTHER RESOLVED THAT the purchase of all Ontario eggs contributes to the creation of a sustainable environment in which consumers and farmers benefit; and BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the local area municipalities, the Egg Farmers of Ontario, the Association of Municipalities of Ontario and the Humane Society International." (Motion for Direction) D - 42 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee, advising Council that on September 3,2009, the Clarington Agricultural Advisory Committee endorsed the following resolution pertaining to the Purchase of Locally-Produced Food: "WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; AND WHEREAS Homegrown Ontario ™ is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario produced meat and poultry; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; THEREFORE BE IT RESOLVED THAT the procurement practice of purchasing meat and poultry products produced by Ontario farmers be identified as the preferred local sustainable procurement practice; BE IT FURTHER RESOLVED THAT the purchase of all Ontario produced meat and poultry sourced locally requires the burning of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away." (Motion for Direction) Summary of Correspondence - 36 - September 21,2009 D - 43 Debbie Thompson, Legislative Services Supervisor/Deputy Clerk, Town of Caledon, advising Council that on September 1,2009, the Town of Caledon adopted the following resolution pertaining to the Development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability: "WHEREAS the Province of Ontario through new planning policies, the Greenbelt, Oak Ridges Moraine and Niagara Escarpment plans as well as Provincial Policy statements and new source water protection legislation and regulations have created a framework which restricts both farms and municipalities in achieving financial sustainability; THEREFORE BE IT RESOLVED THAT the Province of Ontario be . requested to develop an economic development strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability; and THAT a copy of this resolution be forwarded to MPP Sylvia Jones, Minister of Municipal Affairs and Housing, Minister of Energy and Infrastructure, Greenbelt Municipalities, OMAFRA, Greater Toronto Agriculture Action Plan Group, Ontario Rural Council and the Greater Toronto Countryside Mayor's Alliance for their support." (Motion for Direction) CENTRAL LAKE ONTARIO CONSERV A T]ON AUTHORITY I - 1 M I NUT E S N O. 6 AUTHORITY MEETING Tuesdav. June 23. 2009.5:30 P.M. Present G. Emm. Chair R. Johnson, Vice Chair S. Crawford J. Drumm A. Foster R. Hooper D. Mitchell 1. Neal M. Novak M. Pearce P. Perkins J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks. Director, Watershed Planning & Natural Heritage 1. Davidson. Conservation Areas Planner G. Geissberger, Marketing & Communications Coordinator R. Hersey, Director, Development Review & Regulation M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewardship &Community Outreach P. Sisson, Director, Engineering & Field Operations G. Soo Chan, Director, Groundwater M. Stauffer. Administrative Assistant/Recording Secretary Absent: A. Cullen 1. Gray B. Nicholson ............... G. Emm called the meeting to order at 5:22 p.m. DECLARATIONS of interest by members on any matter herein contained D. Mitchell declared a connict of interest with S.R. #48]4-09, Pennit Application W09-068-GBFH, Town of Whitby, and did not take part in discussions nor voted on the matter. A. Foster declared a connict of interest with S.R. #4822-09, Pennit Application C09-020-G (Previous pennit C08-0J J-G, Municipality of CIa ring ton. and did not take part in discussions nor voted on the matter. ADOPTION OF MINUTES Res. #64 Moved by R. Hooper Seconded by R. Johnson THA T the A utllOrit)' mil/utes of/'I1ay 20,2009 be adopted as circulated. CARRIED AUTHORITY MEETING NO.6 - JUNE 23, 2009 - PAGE 2 CORRESPONDENCE (1) Correspondence item #APJAIOC47, Oak Ridges Moraine Foundation/Kim Gavine (attached as Schedule 3-1 & 3-2) Re: Notice ofORMF not recapitalized; wind-up plan to commence (2) Correspondence item #ACCB9C2 from Jerry 1. Ouellette, M.P.P. (attached as Schedule 3-3 & 3-4) Re: Thanks and appreciation - Annual Kids Fishing Day at Heber Down Conservation Area (3) Invitation from Kawartha Region Conservation Authority (attached as Schedule 3-5) Re: Grand Opening of Durham East Cross Forest Conservation Area, June 25/09 Res. #65 Moved by M. Novak Seconded by M. Pearce THA T the above correspondence ite ms be received for illformation. CARRIED DELEGA TION - Mr. John Selkirk Re: Staff Report #47816-09 (attached as Schedule 7-]0 to 7-27) Lynde Shores Conservation Area - Eastbourne Estates Residences Mr. Selkirk made a presentation regarding Eastbourne Estates, Lynde Shores Conservation Area (presentation attached separately to staff and members only). Discussion ensued. G. Emm thanked Mr. Selkirk for his presentation. DELEGA TION - Frank Giordano & Jim Stanger, Eastbourne Estates Resident Re: Staff Report #478] 6-09 (attached as Schedule 7-10 to 7-27) Lynde Shores Conservation Area - Eastboume Estates Residences Re: Correspondence from Robert Pepler (attached at Schedule H-] to H-4) Mr. Giordano and Mr. Stanger made presentations regarding Eastbourne Estates, Lynde Shores Conservation Area. Discussion ensued. G. Emm thanked Mr. Giordano and Mr. Stanger for their presentations. Res. #66 Moved by 1. Drumm Seconded by A. Foster THA T Mr. Selkirk be thankedfor his comments and that the issues/collcerns he raised are being addressed; THA T Staff are authorized to ell1er into agreements with the landowners to address encroachments and that the Board be advised when these agreemell1S are ready to be entered ill1o; alld, THA T the residents of Eastbourne Beach Road be thanked for their contillued cooperatioll ill tlddressing these issues/concerns. CARRIED AUTHORITY l\lEETING NO.6 - JUNE 23,2009 - PAGE 3 DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (1) Staff Report #48 I 1-09 (attac hed as Schedule 5- I & 5-2) Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses - May 1-31,2009 Res. #67 Moved by M. Pearce Seconded by A. Foster THA T the attached applications be approved and the respective permits be issued. CARRIED (2) Staff Report #4814-09 FileNo.: Applicant/Owner: Application: (attached as Schedule 5-3 to 5-6 & H-5) W09-068-GBFH - IMS: RPRG3367 Mike & Denise Mysko to remove an existing 2 storey garage from within the floodplain and construct a new 2 storey garage outside the floodplain 31 Cassels Road East, Brooklin Part of lot 23, Concession 6, Whitby (BrookJin) Location: Res. #68 Moved by M. Pearce Seconded by A. Foster THA T the application be approved subject to the fo//owing conditions: 1. The project shall generally be carried out in accordance with the plans and specifications submitted in support of the application, as they may be amended by t he following conditions. 2. The applicant agrees to install and maintain all sedimentation controls as directed by Authority staff. 3. All disturbed areas shall be sl'eded, sodded or stabilized in some other manner acceptable to the Authority. 4. The applicant agrees to maintain all existing drainage patterns. CARRIED (3) Staff Report #4819-09 File No.: Applicant/Owner: Application: (attached as Schedule 5-7 to 5-9) W09-063-GBFH - IMS: RPRG3352 Town of Whitby Parks to construetfinstall a connecting walkway/trail to the Existing vaHey trail within the floodplain of Lynde Creek Wetherbum Drive, Pt Lot 29, Con. 3, Whitby (Wetherbum Trail Connection) location: Res. #69 Moved by M. Pearce Seconded by A. Foster THA T the application be approved subject to the fo//owing conditions: 1. The project shall generally be carried out in accordance with the plans and specifications submitted in support of the application, as they may be amended by t he following conditions. 2. The applicant agrees to install and maintain all sedimentation controls as directed by Authority staff. 3. All disturbed areas shall be seeded, sodded or stabilized in some other manner acceptable to the Authority . 4. The applicant agrees to maintain all existing drainage patterns. CARRIED AUTHORITY MEETING NO.6 - JUNE 23, 2009 - PAGE 4 DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (I) StatT Report #4813-09 (attached as Schedule 6-1 to 6-3) Update on Municipal Infonnation Session on the New Endangered Species Act Hosted by CLOCA Res. #70 Moved by M. Pearce Seconded by P. Perkins THA T Staff Report #4813-09 be received for information. CARRIED (2) Staff Report #4815-09(attached as Schedule 6-4 to 6-8, reports previously circula ted to members & staff) Long Term Terrestrial Monitoring Program and 2008 Annual Aquatic Res. #71 Moved by P. Perkins Seconded by J. Drumm THA T Staff Report #4815-09 be received; THA T the Long Term Terrestrial Monitoring Program be received and endorsed; THA T the A quatic Monitoring Program 2008 Annual Report be received and endorsed; THA T the Wildlife Monitoring Program 2008 Annual Report be received and endorsed; and, THA T the above noted reports be forwarded to the A utlwrity 's member municipalities. CARRIED DIRECTOR, ENGINEERING & FIELD OPERA TIONS (I) Staff Report #4817 -09 (attached as Schedule 7 -1 to 7-3) Spring in the CLOCA Conservation Areas Res. #72 Moved by P. Perkins Seconded by D. Mitchell THAT Staff Report #4817-09 be received for information. CARRIED (2) Staff Report #4818-09 (attached as Schedule 7-4 to 7-9) 2009 Conservation Areas - Update on Funding Applications Res. #73 Moved by M. Pearce Seconded by D. Mitchell THA T Staff Report #4818-09 be received for information. CARRIED AUTHORITY MEETING NO. 6 - .JUNE 23,2009 - PAGE 5 DIRECTOR, CORPORATE SERVICES (ll Staff Report #4R 11-09 (attached as Schedule R-l to R-12, Staff & Members Only) Clarification 1008 Financial Statements .. Employees Future Benefits Payable Res. #74 Moved by D. Mitchell Seconded by A. Foster THA T StaflReport #4812-09 be received for information, CARRIED (2) Staff Report #4820-09 (attached as Schedule 8-13, Staff & Members Only) Members' Per Diem, Honourarium and Mileage Res. #75 Moved by M. Pearce Seconded by A. Foster THA T Staff Report #4820-09 be receivedfor h~fornUltioll. CARRIED (3) Staff Report #482]-09 (attached as Schedule 8-14) Capital Projects Funded by the Region of Durham 2007-2008 Summary of Accomplishment (rt'jJOrt previously circulated tIJ members) Res. #76 Moved by 1. Drumm Seconded by M. Pearce THA T SlaffReport #4821-09 be received for information. CARRIED DIRECTOR, DEVELOPMENT REVIEW AND REGULATION ( I ) Staff Report #4822-09 (attached as Schedule H-6 to H-]6) Mr. & Mrs. Tomina, Placement of Fill Material ~ Holt Road Authority Pennit C09-020-G (Previous pennit C08-01 ]-G), Drainage Concerns Expressed by Mr. & Mrs. Huber (2679 Holt Road) Res. 77 Moved by M. Pearce Seconded by D. Mitchell IRA T Staff Report #4822-09 be receivedfor information. CARRIED ADJOURNMENT Res. #78 Moved by P. Perkins Seconded by J. Drumm THA T tlte lIIeeting adjourn. CARRIED The meeting adjourned at 6:45 p.m. '\t LOCATION DATE TIME MEMBERS PRESENTERS/ OBSERVERS REGRETS J. ,"- r . DURHA1\1 NlJCLEAR HEALTH COMMITTEE (DNHC) 1- 2 1\UNUTES OF MEETING ~"',J"O...__~.4C>'."""'~Y ~ - ...,~....=!..,.~ . ",.~..,. 1 :1''''''''' '>, / ~. ,,,,"., '.""". t~ v. ~'~. 1.1,.,. It " 1 ~ ~"S ~:: ',j t~' .: t~f ~,.;~, ~~)' ; ~ou;~:s~~~o;o~~~~~tDepartment'CSJljLJC Ar: ~Jl~~:~~ 20U;; .~ Meeting Room 1 G t Whitby, Ontario J:.:::~Tf~Li\';' (;,' ~j "')::,TON i i"~ f\Yt-'F\~ ()~;.,.Gt:: ~~~:~:~~~~~_~.~'L4'~.';;~__"~._~ June 19,2009 1:00PM Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair) Ms. Mary-Anne Pietrusiak, DRHD Mr. Ken Gonnan, DRHD Dr. Dave Whillans, Ontario Power Generation (OPG) Mr. Phil Dunn, Ontario Ministry of the Environment 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. Hardev Bains, Public Member DISTRI~'ATION REVIEWED BY /1'J ORIGINAL TO: IJ COUNCIL ~CIL IJ FILE DIRECTION INFORMATION COPY TO: Mr. Brian Devitt, DRHD, (Secretary) Mr. Stu Seedhouse, OPG (Presenter) Ms. Jennifer Knox, OPG (Presenter) Mr. lrv Benovich, OPG (Presenter) Ms. Andrea Brown, OPG (Presenter) Ms. Tho-Dien Le, OPG (Presenter) Mr. Ray Davies, OPG Q OTHER Mr. Scott Stafford, OPG L~" I ("Ii' Dr. Robert Bradley, Health Canada (Presenter) MUNICIPAlCLERK'SFILE~ Mr. Tomasz Wlodarczyk, ABCOM (Presenter) Ms. Sue Stickley, Port Hope Area Initiative (Presenter) Mr. Bob Neufeld, Port Hope Area Initiative Dr. Jessica Ross, DRHD Ms. Janice Szwarz, Municipality ofClarington Q MAYOR IJ MEMBERS OF COUNCIL IJ COMMUNITY IJ CORPORATE SERVICES SERVICES IJ ENGINEERING IJ MUNICIPAL SERVICES CLE RK'S IJ PLANNING Q SOLICITOR SERVICES IJ CAO IJ EMERGENCY SERVICES IJ OPERATIONS IJ TREASURY Mr. Ken Shrives, Public Member Mr. Alex Heydon, Public Member Dr. Tony Waker, University of Ontario Institute of Technology Mr. Frank Bajurny, OPG Robert Kyle opened the meeting and welcomed everyone. { .-. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted with the addition of 4.7 a Progress Report on the Port Granby Project. 2.0 Adoption of the DNHC Minutes of the April 17, 2009 meeting The Minutes were adopted as written. 3.0 Correspondence 3.1 Robert Kyle's office received the report to the Radiation Working Group concerning the 2007 Nuclear Reactor Surveillance Program released by the Ontario Ministry of Labour dated October 2008. 3.2 Robert Kyle's office received the minutes of the meetings ofthe Pickering Nuclear Generating Station Community Advisory Council for February, March and April 2009. ., 3.3. Robert Kyle's office received the minutes of the Port Granby Discussion Group for March 4,2009. 3.4 Robert Kyle's office received the annual report for 2008 of the Nuclear Waste Management Organization (NWMO) dated March 2009. 3.5 Robert Kyle's office received the newsletter from the NWMO dated March 2009. 3.6 Robert Kyle's office received the report from OPG concerning the 2008 results of the Radiological Environmental Monitoring Programs dated April 20, 2009. 3.7 Robert Kyle's office received the presentation notes used by Dr. Doug Chambers concerning the New Nuclear at Darlington EA Human Health presentation to the DNHC on April 30, 2009. 3.8 Robert Kyle's office received the newsletter from OPG concernIng the New Nuclear at Darlington EA dated Spring 2009. 3.9 Robert Kyle's office received the discussion document from the NWMO Moving Forward Together: Designing the Process for Selecting a Site Invitation to Review a Proposed Process for Selecting a Site dated May 4,2009. 3.10 Robert Kyle's office received the Draft Screening Report for the Port Granby Long-Term Low-Level Radioactive Waste Management Project released by Natural Resources Canada on May 4,2009. 3.11 Robert Kyle's office received the news release from Atomic Energy of Canada Limited (AECL) concerning the unplanned shut down of the Chalk River 2 , \. Laboratories nuclear reactor that produces medical isotopes due to a heavy water leak dated May 20, 2009. 3.12 Robert Kyle's office received the report from the Ontario Drinking Water Advisory Council (ODW AC) concerning the Ontario Drinking Water Standard for Tritium that recommended 20 Becquerel per litre dated May 21, 2009. 3.13 Robert Kyle's office received a news release from Natural Resources Canada concerning the restructuring of ABCL dated May 28, 2009. 3.14 Robert Kyle's office received a news release from Natural Resources Canada concerning the Long-Term Isotope Supply Solution dated May 28, 2009. 3.15 Robert Kyle's office received a news release from the CNSC concerning the peer review of Canada's nuclear regulatory regime by the International Atomic Energy Agency (IAEA) from June 1 to 12,2009. The news release was dated May 31, 2009. 3.16 Robert Kyle's office received meeting notes from the DNHC and OPG workshop held on April 30, 2009 to discuss the Human Health Effects for the New Nuclear at Darlington Project. The meeting notes were dated June 2,2009. 3.17 Robert Kyle's office received a letter from Jacquie (McInnes) Hoornweg, Director, Nuclear Public Affairs for OPG, concerning the ODW AC report recommending 20 Becquerel per litre in drinking water. The letter was dated June 10, 2009. 3.18 Robert Kyle's office received a news release from the CNSC concerning the peer review conducted of Canada's nuclear regulatory regime that determined Canada has a mature and well established nuclear regulatory framework and that the nuclear regulator does an effective job protecting the health, safety and security of Canadians and the environment. The news release was dated June 12,2009. 3.19 Robert Kyle's office received a news release from Health Canada concerning the Government of Canada approving a new source of medical isotopes dated June 15, 2009. 3.20 Robert Kyle's office received a news release from the CNSC concerning an Administrative Arrangement between Canada and Argentina for the Import and Export of Radioactive Materials dated June 15,2009. 4.0 NucJear Power I Environmental Issues 4.1 Darlington Nuclear Update Stu Seedhouse, Senior Vice President Darlington Nuclear, provided a presentation on significant accomplishments at Darlington Nuclear. The highlights of Stu's presentation were: 3 . Darlington Nuclear's 2008 successes were: o Three of the nuclear units were among the top 10 CANDU performers worldwide o Five million hours were worked without a lost time accident that indicated an excellent safety performance o Unit 1 outage was completed safely and ahead of schedule and on budget o Unit 3 reached a reliability milestone for the longest run ever recorded o Darlington Waste Management Facility was completed o International environmental awards were received o The second five-year operation license from the CNSC was received o Darlington Nuclear was selected for the New Build o 2008 reliability net electrical targets were exceeded and it was the best reliability performance year recorded . Public and employee safety is the highest priority of Darlington Nuclear and Darlington received the EUSA Gold Award four years running recognizing Darlington's excellent safety record. . The 2009 Strategic Direction of Darlington Nuclear is: o Continue to implement performance improvement initiatives o Sustain and improve operational performance o Execute safely the Vacuum Building Outage and Unit 3 Outage o Ensure the right people with the right skills are doing the right work o Receive validation through W ANO Peer Review and Nuclear Safety Review Board o Complete regulatory projects such as environmental qualifications, probabilistic risk assessment and fire upgrades o Support preparation plans for the potential fleet refurbishment and the new build . The Vacuum Building Outage was OPG's largest and most complex nuclear project in 2009 and it was completed safely and on schedule. . . Stu Seedhouse can be reached at (905) 697-7499 or bye-mail at stu.seedhouse@opg.com for more information on Darlington Nuclear. The overheads Stu used are attached as Appendix 1. 4.2 Report on Community Well-Being and the New Nuclear at Darlington Project Tomasz Wlodarczyk, Senior Consultant for ABCOM, provided a presentation on the outcome of a community well-being survey concerning the New Nuclear Project planned for the Darlington Nuclear site. The highlights of Tom's presentation were: . Public attitudes are considered indicators of individual and community well being and are included the Environmental Assessment (EA) for the New Nuclear at Darlington Project. . Telephone surveys were conducted in January and October 2008 of approximately 1200 households to measure the respondents' fe.elings of personal health and safety. 4 · This sample size ensures an accuracy of plus or minus 5%, 19 times out of 20. · Two study areas around the Darlington Nuclear Generating Station (NGS) were: o The Local Study Area (LSA) of approximately 10 kilometres from Darlington included Courtiee, Bowmanville, Newcastle, Orono and the majority of Oshawa o The Regjonal Study Area (RSA) of approximately 50 kilometres from Darlington included all of Durham Region, portions of Yark Region, East Toronto, Kawartha Lakes, Peterborough County and Northumberland County · Overall confidence in the Darlington Nuclear site increased between the two surveys in 2008 indicating an improved sense of personal safety and satisfaction from living in the community near the NGS. · The key implications for community well-being were: o The majority of LSA and RSA respondents offered high ratings of personal health, personal safety and community satisfaction o Darlington Nuclear site is not a top-of-mind issue and there is a high level of confidence expressed in its safety and ongoing operations o Few LSA and RSA respondents are likely to change behaviors and attitudes as a result ofthe New Nuclear at Darlington Project o Few respondents think about living near the Darlington NGS site o Cooling towers at the Darlington Nuclear site would be considered an "eyesore" and a negative influence on the community character by many LSA respondents o Recreational facilities, programs and access to open space/waterfront are important community features linked to people's feelings health and satisfaction with the community The DNHC will be provided with 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 Tomasz Wlodarczyk used are attached as Appendix 2. 4.3 Report on the Canadian Standard Association's New Standards and the Effect on Nuclear Generating Stations Irv Benovich, Senior Technical Expert, Environmental Programs for OPG, provided a presentation on the development of nuclear power environmental standards by the Canadian Standard Association (CSA). The highlights oflrv's presentation were: . The CSA Standards Development includes Nuclear Environmental Standards and requires mandatory representation from: o Government and Regulatory Authorities such as the Canadian Nuclear Safety Commission (CNSC), Health Canada and Environment Canada o Owner/Operator/Producers such as OPG and Bruce Power 5 o Supplier/Fabricator/Contractor such as CAMECO, AREV A and Nordion o Service Industry such as Atomic Energy of Canada Limited (AECL) and Kinectrics o General Interest Groups such as TRIUMF and Retirees . Current updates and new standards are: o Calculation of Derived Release Limits (DRL) o Environmental Monitoring o Effluent Monitoring o Clearance of Materials . The DRL Standards are: o Used to limit radioactivity m station emISSIOns to ensure public safety o Used to calculate emissions that correspond to public dose via the environmental pathway analysis o Refer to 3 age groups are in the new standard - infant, child and adult . OPG reviews its DRL every 5 years and will be doing revisions in 2009-2010 that will require changes to the environmental monitoring programs. . The new standards that will result in some changes are: o Revised DRLs that will implement an updated standard for their calculation o Updated public dose calculations that will have only 3 age groups o Revised environmental monitoring programs that will address both human and environmental risks from chemicals and physical stressors in addition to radionuclides o Revised methods of demonstrating compliance with new regulatory clearance levels for the release of materials Irv Benovich can be contacted at (905) 839-6746 or bye-mail at irv.benovich@opg.com for more information. The overheads Irv used are attached as Appendix 3. 4.4 Report on the Status of Derived Release Limit for Sewage from Pickering Nuclear Irv Benovich provided a presentation on radioactivity in sewage effluent from the Pickering NGS. The highlights of Irv's presentation were: · Small amounts of radioactivity are found in any municipal sewage system. . Sources of radioactivity are from natural fallout, medical procedures and industrial waste. · Radioactivity from Pickering NGS sewage is usually tritium in the form of tritiated water. · Pickering NGS sewage is monitored and pumped to the Duffins Creek Water Pollution Control Plant adjacent to the Pickering NGS. · OPG calculates the dose to most exposed sewage treatment plant workers and members ofthe public receive at different process stages. 6 · The maximum dose based on measured radioactivity at the Pickering Nuclear lift station from 1998 to 2008 was 0.3 to 3.0 microsieverts per year which are very low doses when compared with 1300 microsieverts per year from natural background radioactivity in Pickering. · There are no health effects on sewage plant workers and Pickering Nuclear intends to discontinue the use of derived release limits for its sewage effluents. · Pickering Nuclear will continue to monitor radioactivity in the sewage effluent leaving the NGS and will continue operating to ALARA to ensure worker and the public safety will be maintained to the same high standard. Irv Benovich can be contacted at (905) 839-6746 extension 5092 or bye-mail at irv.benovich!tV,opg.com for more information. 4.5 Report on OPG's 2008 Radiological Emissions Monitoring Program Andrea Brown, Technical Engineer, Radiological Environmental Monitoring Program (REMP) for OPG, provided a presentation on the REMP reports for Darlington and Pickering NGS for 2008. The highlights of Andrea's presentation were: · Radionuclides in the environment are monitored on an ongoing basis at Darlington and Pickering NGS. · In 2008, samples of milk, soil, beach sand, honey, drinking water, lake water, fish, sediments, fruits and vegetables were taken around Pickering and Darlington NGS and provincial background locations. · From these samples, 3010 analyses of radio nuclides were performed. · The REMP Objectives are to: o Confirm effectiveness of station radioactive emission control o Assess site public doses o Evaluate transport model used for station Derived Release Limits and public dose calculations · The Public Dose Estimation, to the extent possible, is based on field measurements as apposed to being modeled solely on on-site emissions. · The Public Dose for Darlington NGS for 2008 was 0.1 % of the CNSC legal limit. · The Public Dose for Pickering NGS was for 2008 was 0.4% of the CNSC legal limit. · Annual rolling average of tritium concentrations in drinking water samples taken at the Ajax, Oshawa and Bowmanville water supply plants were below 10 Becquerel per litre. · The 2008 REMP report is available on the OPG website at www.opg.com. Andrea Brown can be contacted at (905) 839-6746 extension 5083 or bye-mail at andrea.brown!tV,opg.com for more information on REMP. The overheads Andrea used are attached as Appendix 4. 4.6 Report on the Darlington Vacuum Building Outage 7 Tho-Dien Le, Section Manager, Environmental Programs for OPG, provided a presentation on environmental impact of the vacuum building draining at the Darlington NGS. The highlights of Tho-Dien's presentation were: . The vacuum building is one of the baniers to the release of radioactive materials from CANDU reactors. . The Vacuum Building Outage (VBO) is required every 12 years for testing and inspection by the CNSC. . Darlington started the VBO on April 16 and successfully completed the VBO on time and safely on May 19,2009. . Approximately 25,000 tasks were completed including drains of dousing water from the vacuum building. . Partial drains and refills of the vacuum building to Lake Ontario were conducted between .T anuary 20, 2008 and March 16, 2009 to reduce tritium concentrations in dousing water. . All weekly rolling annual averages of tritium concentrations at the Oshawa and Bowmanville Water Supply Plants were below 10Bq/L. . The final drain of the dousing water occurred from April 26 to May 4, 2009 without any environmental impacts. For more information on the VBO at Darlington, contact Tho-Dien Le at (905) 839-" 6746 extension 5079 or bye-mail atthodien.le@opg.com. 4.7 Progress Report on the Port Granby Project Sue Stickley, Member of the Port Hope Area Initiative Team (PHAI), provided a presentation on the Port Granby Project. The highlights of Sue's presentation were: . Progress made on the Port Granby Project's significant milestones are: o In 2006, the Municipality of Clarington consented to the 16 volume Environmental Assessment Study Report to the Responsible Authorities (RA) by the PH AI o In September 2008, the addendum to the EA was also submitted to RAs by the PH AI o In May 2009, the Draft Screening Report was released by the by the RAs for public review and comment o On June 17,2009, the comment period on the Draft Screening Report closed o In the Summer 2009, the EA Screening Report will be finalized and decision on the EA will announced by the CNSC and Natural Resources Canada o In the Fall 2009, the Municipality of Clarington will have 90 days to review the EA decision o In the Fall 2009, a licensing submission to the CNSC will be made by the PHAI o In the Winter 2009, the CNSC is expected to announce the decision on the licensing for the Port Granby Project 8 · The public consultation sessions will continue and the next workshop to discuss potential end uses of the federally owned property will be July 15, 2009 from 7:00 to 9:30 p.m. at the Newtonville Town Hall. Sue Stickley can be reached at (866) 255-2755 or bye-mail at stickleys@aecl.ca for more information on the Port Granby Project. 5.0 Health Effects 5.1 Report on Radiation Exposures from Medical Imaging Dr. Robert Bradley, Director, Consumer and Clinical Radiation Protection for Health Canada, provided a presentation on the radiation exposure of patients to medical imaging. The highlights of Robert's presentation were: · In March 2009, the National Council on Radiation Protection and Measurement (NCRP) published Report 160 Ionizing Radiation Exposure of the Population of the United States. · The report showed the comparison of collective dose values of medical exposures of patients from the early 1980s to 2006 in the US. · In the 1980's, approximately 16% of the ionizing radiation exposure of the population of the US was due to medical procedures but in 2006 it had risen significantly to 48%. · The types of medical procedures are: o Computed tomography (CT) o Conventional radiography and fluoroscopy o Interventional fluoroscopy o Nuclear medicine · The increase in medical procedures since the 1980s was due to the higher utilization of CT and nuclear medicine that contributed 75% of the medical radiation exposure of the US population. · The Report indicated that the increased exposure to ionizing radiation to patients must be carefully considered since there are tremendous and undeniable benefits from medical imaging. Dr. Bradley explained Canada's data and the highlights were: · The number of CT scanners has grown by 91 % from 1990 to 2006. · In 2006-2007, Canada conducted 103 CT exams per 1,000 population compared to the 207 in the US. · In Canada, the rate of CT exams per 1,000 population rose by 28% from 2003 to 2007. . Health Canada's role in medical exposures is: o To set standards for the design, construction, performance, safety and effectiveness of medical equipment being imported, sold or distributed in Canada o To assess, monitor and assist in the reduction of the health and safety risks associated with radiation emitting devices 9 . The Consumer and Clinical Radiation Protection Bureau (CCRPB) is part of Health Canada and provides: o Regulations, guidelines, standards and safety codes on radiation protection o Methods for radiation dosimetry o Research into the biological effects of radiation o Advice to other government departments, agencies, industry and the general public . CCRPB's approach to address increases in medical exposures in Canada is: o International Standards development o Canadian Standards and Regulations o Publication of Safety Code 35 on Radiation Protection - Large Facilities o Research Dr. Robert Bradley can be contacted at (613) 954-6701 or bye-mail at Robert p bradley@hc-sc.gc.ca for more information. The overheads Robert used are attached as Appendix 5. 6.0 Communications 6.1 Community Issues at Pickering Nuclear Jennifer Knox provided an update on Community Issues at Pickering Nuclear for Don Terry, Manager of Public Affairs at Pickering Nuclear, who could not attend the meeting today. The highlights of Jennifer's presentation were: . Units 1 and 4 are operating at full power and units 5, 6, 7 and 8 are operating at slightly reduced power due to algae in Lake Ontario. . Pickering A has achieved more than 480,000 hours without a lost-time accident and Pickering B employees have worked more than 4.2 million hours without a lost-time accident. . Pickering Nuclear is working with several community partners on environmental issues including tree planting in Alex Robertson Park and offering educational activities for families this summer. . The Pickering Neighbours newsletter will be delivered to residents in the next few weeks. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or bye-mail at don.terry@opg.com for more information. 6.2 Community Issues at Darlington Nuclear Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, provided an update on Community Issues at Darlington Nuclear. The highlights of Jennifer's presentation were: 10 . Darlington Nuclear safely and successfully completed the Vacuum Building Outage required by the CNSC that is required every 12 years to enable testing and inspection. . Units 1, 2 and 4 are operating at full power and unit 3 is out of service for planned maintenance. . During this outage, 35,000 tasks will be completed on unit 3. . Darlington Nuclear has almost achieved 4 million hours without a lost-time InJury. . Darlington Nuclear is working with several community partners on environmental issues including tree planting and offering educational programs for families this summer. . The Darlington Neighbours newsletter will be delivered to residents in the next few weeks. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 bye-mail at Jennifer.knoxUV,opg.com for more information. 6.3 Jennifer Knox provided additional information for both Pickering and Darlington Nuclear as follows: . OPG was pleased to accept the Gold A ward at the Electrical and Utility Safety Associations Zero Quest for the fourth year in a row for its safety management systems and strength of the safety culture. . The CNSC has changed its graded assessment of nuclear generating stations in Canada from A, B, C and D to Fully Satisfactory, Satisfactory, Below Expectations and Unacceptable. . On June 11, 2009, the CNSC released its 2008 assessments of the nuclear generating stations in Canada and Darlington received a grade of Fully Satisfactory and Pickering A and B grades of Satisfactory to meet the requirements and performance expectations of the regulator. . Jim Hankinson will be retiring as President and CEO of OPG and Tom Mitchell has been appointed as the new President and CEO upon Jim's retirement. Tom Mitchell was the Chief Nuclear Officer prior to this appointment. . Wayne Robbins who was the Senior Vice President of Darlington has been appointed as the Chief Nuclear Officer to replace Tom Mitchell. . Stu Seedhouse has been appointed Senior Vice President of Darlington Nuclear to replace Wayne Robbins. Stu previously held the position of Director of Operations and Maintenance at Darlington. 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 6. 11 7.2 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on September 18, 2009 or future DNHC meetings may include: . Report from the Ontario Ministry of the Environment concerning inspections of the Pickering and Darlington nuclear power facilities . Report from DEMO on nuclear emergency preparedness in Durham Region . Report on recommended changes to drinking water standards for tritium . Report on the use and supply of medical isotopes in Canada . Progress Reports on the New Nuclear at Darlington Project and the Port Granby Project . Report from the CNSC on the health studies done in the Port Hope community 8.0 Next Meeting Date September 18, 2009 Time 12:00 PM Lunch served 1 :00 PM Meeting begins Location Ontario Power Generation Office Building 889 Brock Road Sixth Floor Boardroom City of Pickering, Ontario 9.0 Adjournment at 4:15 PM 12 , GANARASKA REGION CONSERVATION AUTHORITY 1-3 MINUTES OF THE FULL AUTHORITY June 18, 2009 FA 05/09 1. Welcome and Call to Order The Vice Chair called the Full Authority meeting to order at 7:15 p.m. MEMBERS PRESENT: Raymond Benns, Vice Chair - Township of Alnwick/Haldimand Miriam Mutton - Town of Cobourg Bob Spooner - Town of Cobourg Mark Lovshin - Township of Hamilton Cal Morgan - Municipality of Port Hope Gord Robinson - Municipality of Clarington Charlie Trim - Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Pam Lancaster, Stewardship Technician Bob Penwell, Forester Mike Smith, Water Resource Technician George Elgear, General Superintendent Members of the Public ABSENT WITH REGRETS: Brian Fallis - Township of Cavan Monaghan ALSO ABSENT: Twila Marston - Township of Hamilton Dave Marsh - City of Kawartha Lakes Linda Thompson - Municipality of Port Hope The Vice Chair asked for a moment of silence for the troops fighting in Afghanistan. 2. Disclosure of Pecuniary Interest: None 3. Minutes of Last Meetinq; Cal Morgan brought forward a concern that he had spoken about at a previous meeting in regards to the cutting of grass next to County Road 9 at the Garden Hill pond. Cal has been speaking with Northumberland Country and it was indicated to him at that time that it is the Ganaraska's responsibility to cut the grass along the edge. Staff responded that while safety has been an issue, the property in question is Northumberland County's property. Staff will maintain the property until further discussion with the County takes place. Minutes FA 05/09 Page 2 " FA 33/09 MOVED BY: SECONDED BY: Bob Spooner Charlie Trim THAT the Full Authority approve the minutes of the May 21,2009 meeting. CARRIED. 4. Adoption of the Aqenda: The Chair announced there was an additional presentation to be added to the agenda as well as three permits and one item to be discussed in camera. FA 34/09 MOVED BY: SECONDED BY: Gord Robinson Mark Lovshin THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Deleqations: None 6. Presentations: a) Low Water Response Background Report Mike Smith, Water Resource Technician, presented the Low Water Response Background Report to the board. The members asked questions on water taking during periods of drought and the Ministry of Environment's enforcement ability FA 35/09 MOVED BY: SECONDED BY: Miriam Mutton Cal Morgan THAT the Full Authority receive the Low Water Response Background Report and presentation for information purposes. CARRIED. b) Forest Update Bob Penwell gave a very informative presentation on the Ganaraska Forest and forest management. He spoke about the history of the forest in the late 1940's and the fact that the forest is 50% plantation, mainly Red Pine and 50% natural. Bob spoke about the thinning and tendering process as part of the forest management. He also informed the members on the prescription for marking trees and the fact that there are several variables involved and his methods for monitoring the logging. The members asked . several questions in regards to the tendering process and harvesting. As well, questions were asked in regards to fire protection. Gord Robinson suggested that a tour of the forest be arranged and requested staff look into this which was supported by other members. Minutes FA 05/09 Page 3 FA 36/09 MOVED BY: SECONDED BY: Mark Lovshin Gord Robinson THAT the Full Authority receive the Forest Update presentation for information purposes. CARRIED. 7. Business Arisinq from Minutes: None. 8. Vice Chair and CAO/Secretary-Treasurer Remarks: The Vice Chair informed the members that the Township of Alnwick-Haldimand Canada celebrations are to be held on Sunday, June 28th, 2009. It is a free day and everyone is welcome. The CAO/Secretary-Treasurer informed the member that the new CAO for Kawartha Conservation is Rob Messervey, formerly of the Ministry of Natural Resources. In regards to the request for proposals that were mentioned at last month's meeting, these have now all been awarded. She also told that members that tickets for the Building for Chan~e raffle and pavers were being sold at Cobourg's Waterfront Festival July 15t until July 4 h. The CAO/secretary Treasurer also mentioned to the members that on Saturday, July 18th there will be a yard sale at the administrative building with the proceeds going to the Forest Centre campaign. Check Your Watershed Day is also that same Saturday. As well, she reminded the members to enter a foursome in the GRCA Golf Tournament on Thursday, July 30th Other upcoming dates to mark in the members calendars are: September 18th, 2009 - the grand opening of the new Forest Centre from 11 :00 - 1 :00 September 26th, 2009 - Building for Change Gala - tickets to be available soon October 3rd, 2009 - Forest Center open house with tours of the new facility 9. Business from the Board Members: Gord Robinson reminded members of the upcoming Mayor's Cup Golf tournament in Clarington which was benefiting the Building for Change campaign. He also asked staff to look into the MNR lands at Kendal to inquire about the possibility of acquiring the lands. Bob Spooner stated that the Town of Cobourg had received $20 million from the government for a new community centre in Cobourg and to upgrade roads. Miriam Mutton informed the members that a "Cobourg Beach Society" had been formed in response to the private landowners restricting access to the west beach along the harbour to Cobourg Creek. Mark Lovshin issued a challenge to all watershed municipalities to put in a foursome for the upcoming GRCA golf tournament 10. Correspondence: FA 37/09 MOVED BY: SECONDED BY: Bob Spooner Cal Morgan Minutes FA 05/09 Page 4 THAT the Full Authority receive correspondence item #4 for information purposes. CARRIED. 11. Applications under Ontario Requlation 168/06: Permits approved by Executive: a) 168/06-1007-06/09 - David Hudson Municipality of Clarington) - Construction of a replacement 10' x 45' deck b) 168/06-1008-06/09 - Jim Baitley (Hamilton Township) - Construction of a 12' x 50' addition to an existing barn c) 168/06-1009-06/09 - Municipality of Clarington / AECOM - Replacement of an existing cross culvert beneath Conc.Rd 4 d) 168/06-1010-06/09 - Wayne McQuoid (Hamilton Township) - Construction of a single family dwelling and septic system e) 168/09-1011-06/09 - Mike Lawitzki (Municipality of Clarington) - Raise and construct a new foundation beneath existing single family dwelling. FA 38/09 MOVED BY: SECONDED BY: Charlie Trim Cal Morgan THAT the Full Authority receive the permits approved by the Executive for information. CARRIED. Permits requiring Full Authority discussion: None 12. Committee Reports: a) Ganaraska Forest Recreational Users Committee FA 39/09 MOVED BY: SECONDED BY: Bob Spooner Mark Lovshin THAT the Ganaraska Forest Recreational Users Committee minutes be received for information. CARRIED. 13. New Business: a) 2009 Watershed Planning Pam Lancaster, Stewardship Technician, presented the staff report to the members. FA 40/09 MOVED BY: SECONDED BY: Bob Spooner Miriam Mutton THAT the Full Authority receives the Watershed Planning in 2009 presentation for information. CARRIED. Minutes FA 05/09 Page 5 b) Tangible Capital Asset Policy The CAO/Secretary-Treasurer presented the Tangible Asset Policy to the board members. FA 41/09 MOVED BY: SECONDED BY: Miriam Mutton Cal Morgan THAT the Full Authority authorize in principle the Tangible Capital Asset Policy dated June 2009 and the executive authorized to give final approval upon receiving a favourable review by the Authorities auditors. CARRIED. 14. In Camera FA 42/09 OVED BY: SECONDED BY: Gord Robinson Bob Spooner THAT the Full Authority go in camera: CARRIED. FA 43/09 MOVED BY: SECONDED BY: Bob Spooner Mark Lovshin THAT the Full Authority go out of camera: CARRIED. FA 44/09 MOVED BY: SECONDED BY: Cal Morgan Mark Lovshin THAT the Full Authority authorize the staff to address future staffing as discussed. CARRIED. 15. Other Business The members discussed a summer recess. FA 45/09 MOVED BY: SECONDED BY: Charlie Trim Mark Lovshin THAT the Full Authority meet during the summer at the discretion of the Chair. CARRIED. Minutes FA 05/09 Page 6 16. Adiourn The meeting adjourned at 10:50 p.m. on a motion by Mark Lovshin. \......../ \ .'-- f \ \1.0~-,\ l' ,v_l \ .( L \'U CAOffiECRETARY~REA5URER CHAIR 1 - 4 Draft minutes - Not vet approved bv Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY AUGUST 11, 2009 Present: (V oting) John Stoner-Chair Jim Cleland David Best Brian Reid Arthur Burrows Karin Murphy-Vice Chair Shirley Minifie Councillor Willie Woo Dan Stanoi Kerry Meydam Also Present: Peter Windolf (Non- Voting) Absent: Warren May (MNR) Candy Davis-Storks Greg Wells (GRCA) Joe McKenna 1. Agenda Additions None Acceptance of Agenda MOVED by Karin Murphy, seconded by David Best THAT the agenda for August 11, 2009 be accepted. CARRIED 2. Minutes of June 9, 2009 Corrections None Approval of Minutes MOVED by Brian Reid, seconded by Kerry Meydam THAT the minutes ofJune 9, 2009 be approved. CARRIED 3. Issues arising from the Minutes None 4. Sub-Committee Reports Maintenance The Maintenance sub-committee attempted to remove the silt and vegetation that has built up on the asphalt trail north of the Sewage Treatment Pant but it is more difficult than anticipated. A bobcat or front end loader could easily remove the material. Operations will be asked if they can send equipment to remove it, if not the SWNA volunteers will attempt to remove on September 19 when the Shoreline Clean-up event will take place. 5. Updates TD Great Canadian Shoreline Clean-Up Attempts were made to register the SWNA as a location for the shoreline clean-up on September 19. The web-site was difficult to navigate and we did not register successfully. Shirley Minifie has agreed to try to register the SWNA on the event web-site. Committee members were encouraged to attend and participate in the clean-up. Newsletter Distribution Currently the Newsletter is mailed out to those on the SWNA mailing list and is available for pick-up at other Municipal buildings. In order to reduce costs and increase exposure the Newsletter could be part of the Clarington.net publication that is produced and distributed by the Municipality to about 30,000 households. The Newsletter would continue to be available on the Municipality's web site. The committee agreed that Clarington.net would be a better way to distribute the Newsletter. MNR Rangers proiect Jim Cleland reported that five MRN Rangers working in conjunction with several committee members completed the woodland trail project. The trail markers have also been installed along the route. This year's group was a pleasure to work with. The Committee unanimously agreed that they would like to utilize the Rangers for future projects. A letter of appreciation will be sent to the group leader, signed by Chair John Stoner. Wilmot Watershed Community Advisory Committee The GRCA was looking for community volunteers for their Wilmot Watershed Community Advisory Committee. Brian Reid, Karin Murphy and Jim Cleland had already been contacted by GRCA and they have agreed to participate. Pam Lancaster from the GRCA will attend the September 8 meeting to give the entire committee an overview of the project. 6. Other BusinesslNext Meeting Fall Event The committee discussed possible themes for a fall event at the SWNA. Chair John Stoner will look into an event themed around bats at the SWNA and will report back at the September meeting. Toronto Street Parking Lot Sign Now that Toronto Street has been realigned the old SWNA entrance sign is no longer visible from the street and should be relocated at the new access point into the Toronto Street Parking lot. Operations will be asked if they can put that project into their schedule. Letter from Ducks Unlimited David Best passed on a letter he received from Tracy Logan of Ducks Unlimited. The letter was a follow-up to her April 1 site visit. The letter indicated that the SWNA did not fit the habitat criteria for wood duck boxes funded through their Ontario Wetland Care program. She also provided recommendations for planting on the creek banks to stabilize the slopes. MRN Parking lot on Toronto Street Arthur Burrows provided photos of a pile of garbage dumped in the MRN parking lot. The minutes of the meeting are sent to MNR so they will be made aware of the dumping. Sub-Committee Structure and Composition Chair John Stoner spoke to the committee about the sub-committees that we have established and encouraged all of the members to consider how they could contribute to the sub-committees. Brian Reid suggested that we could attract additional volunteers by establishing a "Friends of the Samuel Wilmot Nature Area" for people who were not interested in serving on the Management Advisory Committee but who would still like to be involved in projects at the SWNA. After some discussion it was decided that Brian Reid would investigate further and report back at the September meeting. Adjournment: 8:15 P.M. MOVED by Karin Murphy, seconded by Jim Cleland CARRIED Next Meeting: Tuesday September 8, 2009 7:00 p.m. Meeting Room lA Presentation by Pam Lancaster, GRCA, regarding the Wilmot Watershed Study Notes prepared by P. Windolf Draft minutes - Not vet approved bv Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY SEPTEMBER 8,2009 AT 7:00 P.M. Present: (Voting) David Best Jim Cleland Joe McKenna Karin Murphy - Vice Chair Dan Stanoi Arthur Burrows John Stoner - Chair Shirley Minifie Brian Reid Councillor Willie Woo Also Present: Jennifer O'Donnell Peter Windolf (Non- Voting) Pam Lancaster - GRCA (presenter) Absent: Kerry Meydam Warren May - MNR Candy Davis-Storks Greg W ells- GRCA 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by Karin Murphy, seconded by David Best THA T the agenda for September 8, 2009 be accepted. CARRIED 2. Minutes of August 11, 2009 Corrections There were no corrections to the minutes. 2 Approval of Minutes MOVED by Shirley Minifie, seconded by Karin Murphy THAT the minutes of August 11, 2009 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Presentation - Pam Lancaster, GRCA, Wilmot Creek Watershed Study Pam Lancaster presented a slideshow outlining Wilmot Creek Watershed Planning. The presentation included recommended actions for management, protection and enhancement of Wilmot Creek based on scientific information collected by the GRCA. She explained that this was a "living document", meaning it is constantly changing and being reviewed. The study takes into account the recommendations of SWNA Management Plan. 5. Sub-Committee Reports Communications Joe will begin work on the next edition of the newsletter. Possible feature articles discussed include the work done by the MNR Rangers, the new woodland trail, photos of salamanders and a fox pup found within the nature area, and an article on dragonflies. Councillor Woo informed the Committee that the Clarington.net publication will not be produced in December, due to budgetary restraints; however, it could be resurrected in 2010. Dan Stanoi will post the summer newsletter on the kiosk. 6. Updates TD Great Canadian Shoreline Clean-Up Shirley was successful in registering the SWNA for the event, designating herself as the site coordinator. This is a nation wide event originally initiated by the Ocean Conservancy in British Columbia. In addition to being a shoreline clean-up it is also an opportunity to inventory the types of litter found at each registered site. TD suggests working in groups, to pick up and then tally of the types of litter found. It was agreed that those volunteering to participate will meet in the Toronto Street parking lot on September 19th at 9:00 a.m. Pick up will begin along the lake shore and, time permitting, will continue up the creek. 3 Friends of the Samuel Wilmot Nature Area In an effort to attract additional volunteers who would like to be involved in hands-on projects at the SWNA, Brian drafted text for an ad and read it aloud to the committee. After some discussion about the merits of the initiative, the Committee passed a motion to proceed. Brian will finalize the text and it will be included in the next newsletter. The text will be placed on SWNA letterhead along with some site photos to create a flyer to be posted on the kiosk. Brian will also set up an email account to receive responses and to send correspondence. Sign Relocation and Trail Clearing The asphalt trail north of the Sewage Treatment Plan has been cleared of sediment by the Operations Department. The entrance sign on the Toronto Street side will be moved by the Operations Department; however, it is set in concrete and will, therefore, take some time to move. Letter of Appreciation for MNR Rangers John read aloud a letter of appreciation from the Committee to David May, the coordinator of the MNR Rangers, thanking them for the assistance they provided on July 16 and 1 7. 7. Other Business/Next Meeting Fall Event No fall event will be scheduled this year; instead the committee will concentrate on a spring 2010 event themed around owls or birds of prey. A comparison of fees will be done with several contacts to determine which will be the best to pursue. Flora/Fauna Inventory John Foster from the Durham Filed Naturalists visited the SWNA three more times in August, collecting data for his flora and fauna inventory. Brian Reid sent a copy of the Background Report to the Environmental Management Plan to Mr. Foster to assist him in his research. This is an informal study for himself and for the benefit of the committee. Brian has asked Mr. Foster to speak to the committee about his findings when his research is complete. Adjournment: 9:00 P.M. Next Meeting: Tuesday October 13, 2009 7:00 p.m. Meeting Room 1A Notes prepared by J. O'Donnell CLARINGTON HERITAGE COMMITTEE 1-5 Minutes of Meeting No.6 June 16 ,2009 MEMBERS PRESENT: Victor Suppan Paul Allore Karina Isert Karin Murphy REGRETS: Andrew Kozak David Reesor James Rook Duane Cook Leslie Wilson Councillor Mary Novak GUESTS: Mike Hubicki, AECOM Emma Docherty, AECOM PLANNING STAFF: Isabel Little Sharon Norris PRESENTATION OF HIGHWAY 407 EAST EA. LANDSCAPE COMPOSITION Mike Hubicki, Landscape Architect from AECOM, presented the Landscape Composition for the Highway 407 East Corridor and Durham East Link. Committee members received handouts on a planting categories, plant values and plant species for reference. MTO has taken a much different approach on landscaping for this highway. Typical MTO planting allows for one tree every 30 m. in rural settings and green spray on abutments. For the 407, a parkway approach is being taken that will consider ecological and environmental friendly plantings. A sophisticated analysis with social, cultural, landscape, heritage and archaeological disciplines, combined with the first Community Value Plan (CVP) process led to the Landscape Composition. Abutments will be softened from a 2:1 slope to a 3:1 slope where possible to allow planting rather than spraying. Woodland planting is the most robust, almost on a reforestation scale with overplanting to compensate for trees that do not survive. Bridge aesthetics will be considered to soften the look such as stone treatments on abutments and farm fence style railings with motifs along the upper roadside. A diversity of plantings will ensure that there are deciduous trees for winter foliage, coniferous trees for fall foliage and interest in form once the leaves have dropped. Large shade trees will likely be Sugar Maple or Beech. Clarington has some moist soil areas along the corridor and the appropriate trees will be selected for these areas. Although specific plants and locations have not yet been formulated; they will be defined in the final design stage. All locations along the route are available in PDF via email or can be found in the EA document appendices, a copy of which resides at the Clarington Library. Questions: Did the Greenbelt playa factor in the upgraded landscaping composition? Yes, the Greenbelt had an important role in "selling" this upgraded landscape architecture, however not all the route in is the Greenbelt. Mike referred to this as a new standard for transportation corridors in Canada. Will this drive up the cost, could it become a barrier to implementing the landscape composition? The typical cost for landscaping is 1 to 2.5% of the total project cost. This project is in that range at the higher end for an urban project. Will there be a mixture of ornamental grasses? Typically ornamental grasses are used at gateways. They may be used on a crossing road as well but not on the corridor and would be on a finer scale on pedestrian routes. Mike was unsure of what species would be used specifically. Will screening be used to protect the heritage view of the property - this was recommended by the CHC? Yes, category "N" (visual/noise screen without wall) will be used if a house is nearby, "V" Visual/Noise screen with wall will be used if there is a noise issue. Will plants be on MTO property or on privately owned lands? At present the plantings are on MTO property. An agreement can be reached with a private landowner if appropriate. MTO may approach a landowner on this; the landowner would be responsible for maintenance. How are auxiliary buildings being treated for landscape? They have not gone into that level of detail yet however recommendations have been made for the type of treatment. ADOPTION OF MINUTES: MOTION 09.14 Moved by Duane Cook, Seconded by Karina Isert THAT the minutes from May 20,2009 be accepted. "CARRIED" BUSINESS ARISING: 71 Old Kingston Road The Committee toured the property and the interior of the house prior to the meeting to determine if the building should be designated under the Ontario Heritage Act. The house has been significantly altered on the interior and very little of the original architectural features remain. The Committee discussed the historical significance of the property. No concerns 2 were raised in regards to the demolition of the building, however, as the house's stone foundation is the original, it was suggested that the stones be reused in a landscape feature as part of any future parkland development. The former location of the Tooley Mill should also be acknowledged as part of public education on local history through on-site interpretation. The following motion was passed: MOTION 09.15 Moved by Karin Murphy, Seconded by David Reesor THAT the Municipality of Clarington consider archaeological research to find the footprint of the Tooley Mill at the time that the property is developed, to erect a marker depicting the Mill, and consider reusing the ashlar cut stone from the foundation in a landscape feature. "CARRIED" HCD Review A meeting was held with the HCD Advisory Committee on June 8th to discuss how to proceed with the District evaluation process and a meeting has been scheduled with the residents for June 18th. CORRESPONDENCE Ganaraska Region open houses were announced: Ganaraska Region Watershed Plan Open House: June 25, 6:30 - 8:30, Ganaraska office, Port Hope Wilmot Creek Watershed Plan Open House June 23, 6:30 - 8:30, Orono Town Hall Graham Creek Watershed Plan Open House June 24, 6:30 - 8:30, Newcastle Village Community Hall The Heritage Matters Newsletter was circulated. Council received the draft Sign By-law. The Public Meeting was held on May 25 and the report was referred back to staff for continued processing. Addition to Municipal Registry A staff report recommending the addition of 49 and 63 Beaver Street was presented to the General Purpose and Administration Committee on June 15th. Council tabled the report to the General Purpose and Administration Committee meeting scheduled for June 22 to allow time for the property owners to make a delegation if they choose to. The Chair will register as a delegation for the June 22nd meeting to speak to the issue. ., -) The Committee discussed adding properties to the Municipal Register before they become threatened by demolition. An update to the cultural heritage resource inventory has been completed for the three Community Improvement Plan areas of Bowmanville, Newcastle Village and Orono. As these areas contain a significant number of heritage buildings which may be subject to future redevelopment pressure the Committee passed the following motion: MOTION 09.17 Moved by Karin Murphy, Seconded by David Reesor THAT the Clarington Heritage Committee recommend to Council to add the heritage properties identified in the three Community Improvement Areas to the Municipal Register. "CARRIED" FINANCIAL REPORT: April 25 Opening Balance April 30 Interest May 25 Closing Balance $5935.43 .24 5935.67 MOTION 09.16 Moved by David Reesor, seconded by Paul Allore THAT the financial report be accepted. "CARRIED" SUBCOMMITTEE REPORTS: 407 Committee: Meeting cancelled. PROJECT REPORTS: Inventory Update: No Update NEW BUSINESS: 127 Wellinqton Street A minor variance application has been submitted to reduce the minimum lot area from 460 sq. m. to 400 sq. m. for a new residential lot to be severed from 34 and 36 Silver Street. The lot would be severed from the rear of the property and would have frontage onto Wellington Street. The committee did not have any objections to the site of the proposed lot but did express a concern that the construction of a new home fit in with the heritage character of the neighbourhood. To this effect, the following motion was passed: 4 MOTION 09.17 Moved by Paul All ore , Seconded by Karina Isert THAT the Clarington Heritage Committee recommend that the owner of 127 Wellington Street agree in writing that any building construction on this lot be in accordance with the Old Bowmanville North Ward Heritage Guidelines and that this agreement be carried forward to any future purchasers. "CARRIED" Next Meeting September 15, 2009 Meeting Room 1C, 7:00 pm .5 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, SEPTEMBER 3, 2009 1-6 MEMBERS PRESENT: Tom Barrie Orwin Ba.ndstra Donald Rickard Jennifer Knox Brenda Metcalf Mary Ann Found Henk Mulders Councillor Gord Robinson Marlene Werry-Durham Region REGRETS: Ted Watson Gary Jeffery Eric Bowman ABSENT: Mark Bragg Ross McMaster STAFF: Faye Langmaid GUEST: Kirk Kemp, Algoma Orchards Kirk welcomed the group to Algoma Orchards new facility and provided an overview of the operations and plant layout. The group then proceeded on a tour of the packing area with Kirk providing commentary and answering questions along the way. The facility is the only one in Ontario; it is similar to others in British Columbia, Washington State, Argentina and Chile. The majority of the packaging equipment (20 tractor trailer loads worth) comes from France. The apples are washed, sorted and floated through a water flume system and then stored in the climate controlled area, they are only packed in bags, netting or trays when they are about to be shipped out. The sorting is by photographic imagining and is far more accurate than hand sorting. The water flume ensures that no bruising happens. The apples stay much fresher being handled and packaged in this manner. A packaging plant like this in Ontario means that the growers can make up to $30,000 more for a 50 acre orchard. Kirk indicated that Ontario is one of the few provinces that does not have an incentive program to encourage the replant of orchards, rather they are paying farmers to remove orchards; New Brunswick, Quebec and British Columbia provide funding for the replant of orchards. Orchards cost approximately $10,000 an acre to plant and take 3-4 years before they produce, 7-8 years for full production crops. Kirk processes apples from approximately 75 growers in addition to their own 1500 acres. The apples are packaged in such a way that they are traceable to the grower and the grower has to provide their spray records to Kirk. In this manner if there are any defects or issues the grower, field and plot are known. The facility not only meets HAACP standards it by far exceeds them because of the quality control required by the contracts with Walmart and President's Choice. All shipping is done on a just in time basis and there is no need for the grocery store staff to handle the apples as they are all pre-packaged in display packs. Brenda thanked Kirk for a very informative tour and the use of the Boardroom for our meeting. Adoption of Aqenda 09-21 Moved by Tom Barrie, seconded by Donald Rickard "That the Agenda for Sept 3, 2009 be adopted" "CARRIED" Approval of Minutes 09-22 Moved by Jennifer Knox, seconded by Henk Mulders "That the minutes of the June 11, 2009 meeting be approved." "CARRIED" BUSINESS ARISING FROM MINUTES /'2 loads resolution. Waiting for comments from Operations. 1-25 Battery Egg Resolution that was referred to Committee from Council on June 1, 2009. After some discussion the resolution passed by DAAC was modified as per resolution below. 09-23 Moved by Tom Barrie, seconded by Orwin Bandstra 'WHEREAS Ontario egg farmers currently provide our community with fresh locally produced Grade A eggs which travel from farm to table in 4 to 7 days; AND WHEREAS Ontario egg farmers take pride in caring for their hens while offering consumers a variety of egg choice; THEREFORE BE IT RESOL VED THA T any resolution with respect to the opposition of battery cage egg production is not supported, and Durham municipalities are cautioned in supporting or promoting specific products without adequate background and research on the matter; and BE IT FURTHER RESOL VED THA T the current procurement practice of eggs produced by Ontario egg farmers, is identified as an acceptable, locally sustainable procurement practice; and AACC Sept 3, 2009 BE IT FURTHER RESOL VEO THA T the purchase of all Ontario eggs contributes to the creation of a sustainable environment in which consumers and farmers benefit; and BE IT FURTHER RESOL VEO THA T a copy of this resolution be forwarded to the local area municipalities, the Egg Farmers of Ontario, the Association of Municipalities of Ontario and the Humane Society International. 1J "CARRIED" D-14 Homegrown Ontario, also referred to the committee on June 1, 2009 by Council. Marlene Werry provided some background (handout) on Home Grown. It is intended to be complimentary to Ontario Foodland and would not interfere with any local branding exercise, such as Durham Farm Fresh. 09-24 Moved by Donald Rickard, seconded by Tom Barrie 'That the resolution circulated to Council (0-14) be endorsed" "CARRIED" CORRESPONDENCE . Letter indicating Sign By-law will be going to GPA on Sept 14. . Premier's Awards for Agriculture - nomination package received. . Budget reductions include the reduction of staff resources for Advisory Committee, as such Sue Hajnik will no longer be attending to take minutes; in addition Sue has taken on a position in Operations on a temporary basis during the Director's absence. REPORTS FROM OTHER COMMITTEES 407 Committee - No Meeting, the EA has been submitted and comments are due by October 16th. Staff will be preparing a report for the September 28th GPA meeting based on previous Municipal comments. A staff report is on the September 14th GPA meeting agenda recommending dissolution of the 407 Committee as their mandate has been fulfilled. DAAC Hubert Schillings has been elected Chair. Tour is September 1ih. Durham Federation of Aqriculture Environmental Farm Plan funding has been all expended in the first round. October 13th is the Durham AGM. A membership fee increase is being discussed. Windfarm leases- OFA is warning farmers that if they are approached about a lease they should carefully review what they are being requested to do and commit to; some of the companies do not have the necessary approvals required and are merely tying up rights. AACC Sept 3. 2009 OTHER BUSINESS Forum and Feast Councillor Robinson handed out flyers from Donna and asked if any of the members are interested in being speakers, having displays. October 3rd, Savour Durham Harvest Dinner Knox Farm will be hosting in their new barn, tickets are available at $50 from Durham Farm Fresh. Tours by Town Hall Staff- Henk inquired about town hall planning staff tours (like in 2008) which he thought were a good educational opportunity for staff members. The tours are of different areas each year, this year there was discussion of a tour at Algoma but it has not happened to date. Greenbelt Council - Dennis Yellowlees was recently appointed. 50 Km/hr- Speed limit signs on rural roads have been disappearing. Councillor Robinson will notify Operations. FUTURE AGENDAS October Meeting- loading on the side of the road (Engineering speaker). November Meeting- Canadian Federation of Independent Business speaker. Future Meeting- Dennis Yellowlees on Greenbelt Council. Vice-Chair, Brenda Metcalf asked for a letter to be prepared to thank Kirk Kemp and also that committee's gratitude be extended to Sue Hajnik. Moved to Adjourn: Tom Barrie Next Meeting: October 8,2009 AACC Sept 3, 2009 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE September 9,2009,6:00 P.M. MEETING ROOM 1 A 1-7 Present: David Kelly, Chair Sally Barrie Keith Brettell attended the meeting at 6:20 p.m. Sylvia Jaspers-Fayer Corine Goodwin Councillor Ron Hooper Absent: Elaine Simpson, Vice-Chair Also Present: Patti Barrie, Municipal Clerk 1. NEW BUSINESS a) Customer Service Standard The draft policy related to the Customer Service Standard was circulated and discussed, with further explanation of the Feedback Procedure being provided. Members of the Committee were requested to forward any additional comments as it is anticipated that the policy will be submitted for Council approval later in the month. b) Accessibility Awareness EXPO... Breakinq Down Barriers Draft 2 of the Event Plan was circulated and an explanation of work to date was provided. The Economic Development and Tourism Department of the Regional Municipality of Durham will be taking the lead role in planning of the event. Members were invited to an on-site meeting at Durham College/UOIT (event venue) scheduled for October 7,2009, at 10:00 a.m. Suggestions for guest speakers/presenters are welcome. c) 2009 Accessibility Aware Fair - Kawartha Lakes The Committee was provided information regarding the 2009 Accessibility Aware Fair being held at the Victoria Park Armoury, 210 Kent Street West, Lindsay on Saturday, October 3 from 10:00 a.m. to 4:00 p.m. The event provides a day of free activities and experiences, information, food, fun and merchandise. Clarington Accessibility Advisory Committee d) Initial Proposed Accessible Built Environment Standard - 2 - September 9,2009 The comment period on the initial proposed Accessible Build Environment Standard closes on October 16, 2009. A summary of the standard was provided to members for review and discussion at the next meeting. 3. OTHER BUSINESS a) Accessibility Forum The Committee was reminded of the Accessibility Forum scheduled for September 22,2009 at the Centennial Building, Whitby. This is an opportunity for the Accessibility Committees from across the Region to network and also for each Committee to highlight their activities. b) Accessibility Challenqe Prior to the next meeting, Clarington Central will be contacted to determine their interest in participating in the Accessibility Challenge during this school year. c) Intersection Concerns Concerns were raised with respect to the line painting at the intersection of Baseline Road and Spry Avenue, and Simpson Avenue and King Street. This matter will be forwarded to the Engineering Services Department for review. d) Traffic Liqht Proqramminq A question has been raised as to whether the programming of traffic lights returns to its original timing following a power outage. The Region of Durham has been asked to respond. 4. DATE OF NEXT MEETING The next meeting will be held on April 7, 2009 at 6:00 p.m. in Committee Room 1A. Clarington Accessibility Advisory Committee 5. ADJOURNMENT - 3 - Moved by Sally Barrie, seconded by Keith Brettell THAT the meeting be adjourned. The meeting adjourned at 6:55 p.m. CARRIED September 9, 2009 Chair Secretary Clarmoton f,)wrgiziIlg OIltario b l. REPORT #1 REPORT TO COUNCIL MEETING OF SEPTEMBER 21, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, SEPTEMBER 14, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-084-09 Ontario Municipal Board Decision On Official Plan Amendment, Zoning By-Law Amendment And Site Plan Control Application, Files COPA2007-0007, ZBA2007-0026, SPA2007-0021 Appellant: Adesa/lmpact Auto Auction Canada Corp. (b) PSD-085-09 Ontario Municipal Board Decision On Official Plan Amendment, Zoning By-Law Amendment And Site Plan Applications Appellant: Bowmanville Creek Developments Inc. (c) EGD-026-09 Monthly Report on Building Permit Activity for June 2009 (d) EGD-027 -09 Monthly Report on Building Permit Activity for July 2009 (e) ESD-010-09 Monthly Response Report - June, July & August 2009 (f) CSD-014-09 Grade 5 Action Pass (g) FND-019-09 Report On Revenue Sensitive To Economic Conditions- June 2009 (h) FND-020-09 Report On Revenue Sensitive To Economic Conditions- July 2009 (i) FND-021-09 Financial Update as at June 30th, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 September 21,2009 0) FND-023-09 Sales Tax Reform - 2010 HST Update (k) Delegation - Richard Ward - Property Standards Issue 2. APPLICATION TO AMEND ZONING BY-LAW 84-63 BY GREEN MARTIN HOLDINGS LTD. TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS, EACH HAVING A MINIMUM FRONTAGE OF 10 METRES, FRONTING ONTO BOSWELL DRIVE THAT Report PSD-078-09 be received; THAT the application submitted by Green Martin Holdings Ltd. continue to be processed including the preparation of a further report; and THAT all interested parties listed in Report PSD-078-09 and any delegations be advised of Council's decision. 3. CLARINGTON SIGN BY-LAW THAT Report PSD-079-09 be approved; THAT the Sign By-law contained in Attachment 1 to Report PSD-079-09 be passed and come into effect January 1, 2010; THAT By-law 97-157, as amended, be repealed effective December 31,2009; THAT consideration of the content of Section 8.4 Election Signs of the By-law contained in Attachment 1 to Report PSD-079-09 be deferred until Council is able to hold a meeting for the purpose of educating and training the members of Council concerning municipal election matters; THAT subsequent to the meeting of Council referred to in paragraph 4 of this recommendation, the Municipal Clerk report to Council on the content of Section 8.4 Election Signs; THAT the Mobile Sign Business Licensing By-law contained in Attachment 3 to Report PSD-079-09 be passed and come into effect January 1,2010; and THAT all interested parties listed in Report PSD-079-09 and any delegations be advised of Council's decision. Report #1 3 September 21, 2009 4. LAND ACQUISITION -10 DUCHESS STREET - ORONO THAT Report PSD-080-09 be received; THAT the property identified as 10 Duchess Street, Orono, Ontario and being more particularly described as part of Lot 10, Block "C" C.G. Hanning's Plan, former Village of Orono, being Part of Lot 29, Concession 5, Municipality of Clarington, Regional Municipality of Durham be approved for acquisition for the purchase price of (ten thousand dollars) $10,000.00 plus adjustments; THAT, in addition, the Municipality will pay the Vendors on the Closing Date the sum of One thousand five hundred dollars ($1,500.00) as an allowance to compensate for topsoil and reseeding necessitated by the erosion washout; and the sum of eight hundred and ninety five dollars ($895.00) which are the taxes paid from August 2008 to closing; THAT the funds for the purchase, and any associated costs, be charged to account number 110-50-130-85002-7401 Land Acquisition; THAT the By-law attached to Report PSD-080-09 be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute an Agreement to acquire the property; and THAT staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction. 5. DISSOLUTION OF CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE THAT Report PSD-081-09 be received as amended by deleting Section 3, subsection 3.3; THAT the Clarington Highway 407 Community Advisory Committee be dissolved; THAT the members of the Clarington Highway 407 Community Advisory Committee be thanked for assisting the Municipality in the review of the Environmental Assessment for the Highway 407 East Extension; and THAT all interested parties listed in Report PSD-081-09 and any delegations be advised of Council's decision. 6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 9, 2009, JULY 30, 2009 AND AUGUST 20, 2009 THAT Report PSD-082-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on July 9,2009, July 30, 2009 and August 20, 2009 for applications A2009-0017 and A2009-0019 through A2009-0028 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Report #1 4 September 21, 2009 7 . APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORATION THAT Report PSD-083-09 be received; THAT the application submitted by Prestonvale Road Land Corporation, to remove the Holding (H) symbol on Lot 54, Plan 40M-2391 be approved; THAT the By-law attached to Report PSD-083-09, to remove the Holding (H) symbol be passed and that the Region of Durham be forwarded a copy of Report PSD-083-09; and THAT all interested parties listed in Report PSD-083-09 and any delegations be advised of Council's decision. 8. MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 THAT Report PSD-086-09 be received; THAT the Municipality of Clarington concurs with the modifications to the Oak Ridges Moraine Zoning By-law 2005-109, proposed by the Ministry of Municipal Affairs and Housing with the exception of modifications 18, 31, and the non- decisions contained in Attachment 1 to Report PSD-086-09; THAT the amendments to the Site Plan Control By-law contained in Attachment 4 to Report PSD-086-09 be approved in principle and brought forward for Council approval upon approval of Zoning By-law 2005-109 by the Ministry of Municipal Affairs and Housing; THAT a copy of Report PSD-086-09 and Council's decision be forwarded to the Ministry of Municipal Affairs and Housing, the Durham Region Planning Department, the Durham Region Works Department, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and THAT all interested parties listed in Report PSD-086-09 and any delegations be advised of Council's decision. 9. HERITAGE CONSERVATION DISTRICT REVIEW THAT Report PSD-087-09 be received for information; and THAT any interested parties or delegation be advised of Council's decision. 10. COST BENEFIT OF WEATHER CONDITION STUDY THAT staff be requested to investigate the feasibility of undertaking a weather condition study to determine if there is an opportunity for a private winery to be established within the Municipality of Clarington. Report #1 5 September 21, 2009 11. JUNIOR FIRE FIGHTER PROGRAM SPONSORSHIP THAT a letter of appreciation be forwarded to Ontario Power Generation for their sponsorship of the Junior Fire Fighters' Program. 12. ANIMAL SERVICES QUARTERLY REPORT - April- June, 2009 THAT Report CLD-014-09 be received for information; and THAT a copy of Report CLD-014-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 13. 2ND QUARTER PARKING REPORT THAT Report CLD-015-09 be received; and THAT a copy of Report CLD-015-09 be forwarded to the Bowmanville Business Centre for their information. 14. CONTRACT AWARDS, SUMMER COUNCIL RECESS THAT Report COD-052-09 be received; and THAT the By-law attached to Report COD-052-09, marked as Attachment 2, authorizing the Mayor and Clerk to enter into the necessary agreement, be approved. 15. TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS THAT Report COD-053-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $56,979.60 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-40, be awarded the contract for the Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for Newcastle & Surrounding Areas; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations, Emergency Services, Community Services and Clerks Department(s), 2009 Operating Budget(s). 16. SENIOR SNOW CLEARING OPTIONS THAT staff be requested to investigate options for a senior snow clearing program including programs in neighbouring municipalities. Report #1 6 September 21,2009 17. 2009 LONG TERM SERVICE EVENT THAT Report CAO-005-09 be received; and THAT Council approve the Long Term Service event, as described in Report CAO-005-09, for 2009 with a cost not to exceed $5,000. 18. DELEGATION - RICHARD WARD - REPORT PSD-086-09 - MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 THAT the delegation of Richard Ward be received for information; and THAT Mr. Ward be provided with the Ministry of Municipal Affairs and Housing's contact information. 19. DELEGATION - RICHARD WARD - REGARDING COST CUTTING MEASURES THAT the delegation of Richard Ward be received with thanks. 20. CLARINGTON OLDER ADULT PARKING LOT SNOW CLEARING THAT the Operations Department clarify who is responsible for the snow removal at the Clarington Older Adult Centre and report back with options. Staff Report # 1 CI!Jlpn REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: September 21,2009 Report #: CLD-016-09 File #: By-law #: Subject: COMPLIANCE AUDIT - JOHN MUTTON 2006 ELECTION CAMPAIGN RECOMMENDA liONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-016-09 be received; and 2. THAT the interested parties listed in Report CLD-016-09 be advised of Council's decision. Submitted by: .~ Reviewed by: an lin Wu, k" Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-016-09 PAGE 2 of2 BACKGROUND At the Council meeting of July 13, 2009, Council passed the following Resolution No. C-468-09: "THAT the verbal report from the Municipality's Solicitor at the Closed meeting of Council on July 13, 2009 regarding the letter to Council from Eric K. Gillespie Professional Corporation dated May 22,2009 and the Application by Mr. Gillespie to the Superior Court for mandatory relief, be received; THAT Council advise that it has decided to approve a second auditor licensed under the Public Accounting Act, 2004 to conduct a new compliance audit under section 81 of the Municipal Elections Act, 1996 related to the election campaign finances of Mr. John Mutton in the 2006 municipal elections having regard to the disciplinary proceedings of The Institute of Chartered Accountants of Ontario against Mr. James E. Horn; and THAT the Municipal Clerk be instructed to report to Council at its next meeting recommending a qualified person to conduct the new compliance audit related to the election campaign finance of Mr. John Mutton in the 2006 municipal elections." In an attempt to locate a qualified person to conduct the compliance audit, numerous contacts were made. Four auditors whose names were forwarded through the Association of Municipal Managers, Clerks and Treasurers of Ontario and the City of Toronto, indicated that they were qualified and may be interested in conducting the audit. Each of them has been provided with the information required to provide a quote on the project, however, at the time of writing this report, no quotes have been received. Once the information has been received, a further report will be submitted to Council in order for a recommendation to be made. Interested parties to be advised of Council's decision: D. & C. Prout S. Keane G. Van Dyk J. Mutton Staff Report # 2 ClJJ!.#1glDn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, September 21,2009 Report #: PSD-088-09 File #:ZBA 2009-0012 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - CCCC DURHAM WEST LTD. PORT OF NEWCASTLE - PLAN 40M-2327 RECOMMENDA TIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-088 be received; 2. THAT the request for Removal of Part Lot Control with respect to Lots 49-59 inclusive, on Plan 40M-2327 be APPROVED; 3. THAT the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of the Planning Act; and, 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. SUbmitted~. y ~~ tY\ Davl J. a , , Director of Planning Services Reviewed by: ~.~ /LJ~~ Franklin Wu, Chief Administrative Officer ftJ I, ; CP/df/av 16 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-088-09 PAGE 2 1.0 APPLICATION 1.1 Applicant: CCCC Durham West Ltd. 1.2 Location: Part Lot 29 & 30, Concession Broken Front, former Township of Clarke, (40M-2327) Port of Newcastle 2.0 BACKGROUND 2.1 On August 24, 2009, Planning Staff received a request from CCCC Durham West Ltd. for the removal of Part Lot Control with respect to Lots 49-59, inclusive, on Plan 40M- 2327 (see Attachment 1). 2.2 Plan 40M-2327 was registered on title in September 25, 2006. The Plan contained 48 lots for single detached dwelling and 11 lots for 22 semi-detached dwelling units. The removal of Part Lot Control would facilitate the construction of a semi-detached/linked unit on each of the eleven (11) lots. The process will enable the lots to be divided and resurveyed after the dwelling foundations are in place. There is an existing subdivision agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. 3.0 STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the. Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 The Finance Department advises that the taxes have been paid in full. 3.4 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act permits the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending September 21, 2012. REPORT NO.: PSD-088-09 PAGE 3 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 49 to 59 inclusive on Plan 40M-2327. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table Interested Parties to be notified of Council and Committee's decision: CCCC Durham West LTD. J ........ .........:: ................::................ CONCESSION I I I \ LOT 29 CONCESSION ................ ........ '-_____________-L___________ R-993 ................ PART 3, I PlAN I \ IOR-1401 ______................~~PART2,~~~~~~~~~ANI~======IOR-140~= PART ~ PLUl 4OO_231J4~ ROKEN FRONT CONCE~~OT~..A..-rASfYL--. AND CONCESSION 2666/ . . Ofofl 8MO 0't . frJrW'4O"'E SII rrs.aoo ~ ~ ! .. I I LOT 7 ~-- I LOT 8 ~-- I I z _ I \...0\ 9 ~. ~ J 1 \ / f!D '<' : \ i~---- ----~ ~I I I I z :l .. ~ ......... '. ......... .,,~ ........................... ......... ......... 01 N l- e -.J ......... ......... ---- --- --- Property Location Map ( Newcastle) (.qlr~ 01\11: "1~/0 ZBA 2009-0012 Lots Affected By Part Lot Control 40M-2327 Lots 49 to 59 Incl. -l o ;0 CD -0 o ;:4.): "U~ enD: or: I = 0= OJ- OJ~ I _ o~ <0- Owner:CCCC Durham West Ltd. Attachment 2 To Report PSD-088-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to exempt a certain portion of Registered Plan 40M-2327 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 49 - 59, inclusive, on Plan 40M-2327, registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 49 - 59, inclusive, on Plan 40M-2327. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of three (3) years ending on September 21,2012. BY-LAW read a first time this 21st day of September 2009 BY-LAW read a second time this 21st day of Septembelf 2009 BY-LAW read a third time and finally passed this 21st day of September 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 3 To Report PSD-088-09 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Result ofPart.LQlC' . . Exemptio.f' ..?~.~; '~'": ' . ahdNurilb'Et Lots 49 to 59 inclusive 40M-2327 Semi/Links 22 No Change Staff Report # 3 C[!Kmgton REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: COUNCIL Date: September 21, 2009 Report #: CAO-006-09 File # By-law # Subject: EMPLOYEE GROUPS CONTRIBUTION TO BUDGET SHORTFALL Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report CAO-006-09 be received; 2. THAT Council consider the results of the employee response to budget shortfall; and provide direction on the following for the 2009 budget year: a. Approve the recommendation in report CAO-004-09 and confirm: i. part-time employee position terminations ii. full-time employee position temporary (13 week) layoffs; OR b. Specify any action that Council may wish to take. 3. THAT the affected employees and the employee group Representatives be advised of Council's decision. Attachments: Attachment #1 - Non- Affiliated Results of Request for Assistance Re: Budget Shortfall REPORT NO.: CAO-006-09 PAGE 2 Submitted by: drJi2~ Franklin Wu, Chief Administrative Officer FW/MM\gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: CAO-006-09 PAGE 3 BACKGROUND AND COMMENT 1. BACKGROUND At the special Council meeting of August 31,2009, the following Resolution C-483-09 was passed: Moved by Councillor Trim, seconded by Councillor Robinson THAT Appendix #4 to Report CAO-004-09 - Staffing Adjustments be amended as follows: WHEREAS the President of CUPE Union has approached the Mayor and Councillors expressing concerns with respect to three full-time employees to be laid off; NOW THEREFORE BE IT RESOLVED THAT the Chief Administrative Officer be authorized to meet with the CU PE and Fire Association Presidents to explore the opportunities that the employees are prepared to assist in the cost cutting exercise; THAT the Chief Administrative Officer review with the department Directors the proposed non-bargaining staffing as outlined in ReportCAO-004-09; THAT the Chief Administrative Officer report back to Council the results of the Staffing position review; THAT the working notice provided to all part-time employees be extended; and THAT the Chief Administrative Officer report back at the next regular Council Meeting. 2. MEETING WITH EMPLOYEE GROUPS In accordance with Council's direction, the Chief Administrative Officer and the Director of Corporate Services met with the President of CUPE Local 74, and with the President and Vice President of the Fire Fighters' Association. The two affiliated groups were asked consistent questions in order to provide equal opportunity to comment on the budget shortfall assistance. In addition the same questions were asked of the Non-Affiliated employees by providing a confidential ballot containing the same questions and opportunity to put forward suggestions. REPORT NO.: CAO-006-09 PAGE 4 The same questions posed to all groups are as follows: 1. In light of the current budget shortfall, are you willing to assist the Municipality financially? (Yes or No) 2. What contributions or suggestions would you ask the Municipality to consider to assist in the budget shortfall for 2009, and would the suggestions be applied to the 2010 budget? 3. For the 2009 budget shortfall, if there are no suggestions put forward or the suggestions are not feasible would you consider adjusting wages in either of the following ways: a. A wage reduction of 1 % (yes or no) b. Days off without pay? ( 1, 2, or 3 days? ) 4. In light of the economic situation, for 2010 would you consider a reduction of either of the following: a. A wage reduction of 1 % (yes or no) b. Days off without pay? ( 1, 2, or 3 days? ) In the meeting with the Fire Fighters' Association, the contribution of days off without pay was explored, and the Association and Management came to the conclusion that the overtime required to cover the days taken would not produce any savings for the Municipality, and as a result it was mutually agreed that this option would not be considered by the Association. 3. RESULTS AND RESPONSE FROM EMPLOYEE GROUPS: Each employee group was asked the same questions identified above, with the following results from each of the employee groups: REPORT NO.: CAO-OOG-09 PAGE 5 1. CLARINGTON LOCAL 3139 FIRE FIGHTERS' ASSOCIATION: The Association responded with the following e-mail notification: (quoted as written) "Just to inform you that at last night's Association meeting, the membership voiced that they have suffered enough in not having any increases to their benefits as well as the Municipality being able to invest monies put aside for wage increases and for 3-6-9 . They also wanted me to advise you that there is no interest to take unpaid days off nor accepting a wage cut to overcome budgetary shortfalls in which they had absolutely no control of." "That being said the Association is willing to discuss other ways that may help financially without taking it from our members pockets." 2. CUPE LOCAL 74: CUPE Local 74 brought the questions to a membership secret ballot vote, the results of which have been conveyed as follows: CUPE Local 74 voted 78% "NO" to any concessions. They suggested that allowing additional vacation days to be purchased would assist in generating revenue, however they did acknowledge that scheduling these days could be problematic in some departments. They don't believe the budget problems were created by CUPE, and as such the shortfall should not be made up from CUPE concessions. 3. NON-AFFILIATED EMPLOYEES: The Non-Affiliated employees have no representative to speak on their behalf; consequently an opportunity was presented to submit their individual response in a confidential ballot. The results from this group are identified on attachment #1. While the Non- Affiliated group results identify that 68% were willing to assist in the shortfall efforts, the same number of employees stated that they were not in favour of a reduction of wages. The comments received were numerous and inconsistent. As noted on the attachment, many of the suggestions have been incorporated into the approved budget adjustments outlined in Report CAO-004-09, and others will be considered by the applicable departments in the upcoming 2010 budget preparation. 4. CONCLUSION The results and the comments from the groups are inconsistent and include many aspects of the budget that have been accommodated through Report CAO-004-09, however there were concerns clearly expressed that any contribution or adjustment should be applied equally across all employee groups and elected officials. Also noted was as a concern that any adjustment affecting pension values would be unacceptable. Given there is no unanimous conclusion from the employee groups, any financial contribution should remain a voluntary donation to be made by any REPORT NO.: CAO-006-09 PAGE 6 employee of their own volition without running the risk of breaching the collective agreements. It is recommended that Council provide direction as outlined in the recommendations to this report regarding the termination and layoffs proposed in Report CAO-004-09. Report: CAO-006-09 September 16, 2009 Attachment #1 Non-Affiliated - Results of Reauest for Assistance Re: Budaet Shortfall 1) In light of the current budget shortfall are you willing to assist the Municipality 44 YES 11 NO 10 Did not DarticiDate 2) For the 2009 budget shortfall, If there are no suggestions put forward, or the suggestions are not feasible, would YOU consider adjusting your wage in either of: A waae reduction of 10/0 Da\j s off without Dav 11 YES 13 NO Days 44 NO 13 1 Day 12 2 Davs 17 3 Days 3) Again, in light of the economic situation, for 2010 would YOU consider a reduction of the scheduled 3% increase with either of: A waae reduction of 10/0 Da\j s off without pay 15 YES 21 NO Days 40 NO 6 1 Day 6 2 Days 21 3 Davs 4a) 2009 - Contributions or suggestions brought forward to the Municipality for consideration. 4b) 2010 - Contributions or suggestions brought forward to the Municipality for consideration. A number of suggestions were submitted, many of which have been incorporated into the 2009 budget adjustments in CAO-004-09 and a number of which may be considered for the 2010 budget. SUMMARY OF BY-LAWS September 21, 2009 BY-LAWS 2009-122 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Ridge Pine Park Inc. on Behalf of Canadian Apartment Properties REIT) (Approved by Council on January 26,2009) 2009-123 Being a By-law to regulate signs placed on lands, buildings, and other structures within the corporate limits of the Municipality of Clarington; and to implement the policies of the Clarington Official Plan and Urban Design Guidelines (Item 3 of Report #1 ) 2009-124 Being a By-law to Regulate and Licence Persons and Businesses that carry on the Business of Leasing or Renting Mobile Signs within the Municipality of Clarington (Item 3 of Report #1 ) 2009-125 Being a By-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Peter Gunn and Kimberly-Ann Gunn, in respect to the purchase of a portion of 10 Duchess Street, Orono, Ontario and being more particularly described as Part of Lot 10, Block "C" C.G. Hanning's Plan, former Village of Orono, being Part of Lot 29, Concession 5, Municipality of Clarington, Regional Municipality of Durham (Item 4 of Report #1) 2009-126 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Road Land Corporation) (Item 7 of Report #1 ) 2009-127 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving, Oshawa, Ontario, to enter into an agreement for the Concession 7 & 8 Road and Bridge Rehabilitation, Municipality of Clarington (Item 14 of Report #1 ) 2009-128 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (Nikki McLean and Christine Matheson) 2009-129 Being a By-law to exempt a certain portion of Registered Plan 40M-2327 from Part Lot Control (Staff Report #2) Clar~glton Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: September 18, 2009 Subject: COUNCIL AGENDA -SEPTEMBER 21, 2009 Please be advised of the fallowing additions to Monday's meeting: DELEGATIONS See final list of Delegations. attached. STAFF REPORT(S) 3. The following motion will be introduced with respect to Staff Report #3 - Report CAO-006-09 -Employee Groups Contribution to Budget Shortfall: Moved by Mayor Abernethy, seconded by Councillor Robinson "WHEREAS the cornerstone of growth for the Municipality of Clarington has been set out in the Corporate Strategic Business Plan approved by Council; WHEREAS tt states "The Corporate Strategic Business Plan brings together the experience and skill of our staff and the energy and will of Council to develop a blueprint for tomorrow" and " A well thought-out strategic business plan provides the road map for meeting future challenges and ensuring our commitment of economic stability and high quality of life." and WHEREAS the economic climate is beginning to show signs of improvement and we now. must adjust our corporate strategy to fit the changing climate collectively as an organization to maintain our position in the municipal world as leaders and in order to do that we need everyone to assist in that goal; and WHEREAS Council has received many productive and creative suggestions as contained in Report CAO-004-09, many of which have been incorporated into the 2009 and 2010 budget review; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO CLERK'S DEPARTMENT MEMO PAGE 2 PAGE 2 WHEREAS Council considers maintaining the experience and skill of all of our staff to be of great benefit and value to the organization; and WHEREAS staff have suggested that taking additional days off without pay would be considered a positive move in contributing to the required budget shortfall. NOW THEREFORE BE IT RESOLVED that option B of Report CAO-006-09 is approved; and THAT staff be allowed to purchase up to 3 additional days off as vacation without pay in 2009 to meet the immediate challenge and that staff further assess the opportunity to continue some contribution of that nature in the 2010 budget thereby allowing those individuals who are able to contribute financially, and have expressed a willingness to do so, to come forward and that staff continue to monitor and adjust the Corporate Strategic Plan within the upcoming 2010 budget." 4. Staff Report # 4 -Confidential Verbal Report of the Director of Corporate Services and Human Resources and the Director of Emergency Services/Fire Chief concerning Firefighters' Negotiation Update. Patti L. Bar ~ MO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS September 21, 2009 a) Bill Humber, Old Bowmanville Neighbourhood Association - Clarington Older Adult Association's Request for Additional Parking at the Clarington Beech Centre (Correspondence Item D - 15) b) Linda Gasser -Report PSD-081-09 -Dissolution of Clarington Highway 407 Community Advisory Committee (Item 5 of Report #1) c) Donald Welsh and Peter Evans -Report PSD-087-09 -Heritage Conservation District Review (Item 9 of Report #1)