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HomeMy WebLinkAbout03/01/2010Clari~`7~ Wn Ener 1n Ontario~/ ~ g DATE: MONDAY, MARCH 1, 2010 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 February 8, 2010 PRESENTATIONS a) Roger Anderson, Regional Chair, Region of Durham -Annual Address b) Newcastle Novice Rep Team, Winners of International Invitational Silver Stick Hockey Tournament c Klaas Schoenmaker -Retirement from Orono Cemetery Board d) Alf Alldread, District Fire Chief, Newcastle Station -Retirement from the Municipality of Clarington e) Ron Foster, Auditor General, City of Oshawa -Integrity Commissioner (Item 1 of Business Arising from Notice of Motion) DELEGATIONS (List as of Time of Publication) a) Darlene Bastianelli, Memorial Hospital Foundation -Touching Lives Campaign (Item 2 of Business Arising from Notice of Motion) b) Greg Milosh -Value of an Integrity Commissioner (Item 1 of Business Arising from Notice of Motion) c) Linda Gasser -Host Community Agreement (Item 19 of Report #2) d) Louis Bertrand -Host Community Agreement (Item 19 of Report #2) ' CORPORATION OF ?HE MUNICIPALITY OF CLARi N.GTON 40 TEMPERANCESTREET, BOWMANVILLE, ONTARIO' L'IC 3A6". T 905-623 3379 Council Agenda - 2 - March 1, 2010 e) Terry Dorgan, IBEW Local 894 -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) f) Rosemary Yeremian, President, Strategic Insights Inc. -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated October 8, 2009 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated February 11, 2010 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 16, 2010 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated February 17, 2010 I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated January 21, 2010 I - 6 Francois Maranda, Assistant Chief Statistician, Informatics & Methodology Field, Statistics Canada - Use of the Ontario Road Network Data for the 2011 Census I - 7 Greg Ashbee, P.Eng, Manager, Infrastructure Expansion Planning, Metrolinx -Notice of Study Commencement and Public Information Centre, East Regional Bus Maintenance and Storage Facility, Class Environmental Assessment Study and Preliminary Design I - 8 Linda Gasser -Regional Report 2010 WR-1 - EFW EA Update I - 9 Scott Crawford, Acting Mayor, Town of Ajax -Donation for Haiti Earthquake Relief I - 10 Natalie Rouskov, Project Engineer, Ministry of Transportation, (MTO) -Highway 351115 and Highway 2 Commuter Parking Lot Facility -Notice of Detail Design Study I - 11 Ann McGuey -Administration Fee -Name Change on Tax Roll I - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) -Legislation and Regulations Governing Conservation Authorities Council Agenda - 3 - March 1, 2010 I - 13 R. A. (Bob) Fowler, Land Use Council -Legislation and Regulations Governing Conservation Authorities I - 14 Jerry Ouellette, MPP, Oshawa -Legislation and Regulations Governing Conservation Authorities I - 15 .John R. O'Toole, MPP, Durham -Disposition of Surplus School Sites I - 16 PITCH-IN Ontario -Benefits of Becoming a Patron of PITCH-IN ONTARIO I - 17 John Bolognone, Acting City Clerk, City of Kingston -Debt Forgiveness to the Nation of Haiti I - 18 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade/Office of Economic Development - Provincial Financial Support for Servicing of Employment Lands I - 19 Ben Chin, Vice President, Communications, Ontario Power Authority (OPA) -Support for Local Investment in Nuclear Power I - 20 Ric McGee, Mayor, City of Kawartha Lakes -Support for Nuclear New Build at Darlington Generating Station I - 21 P. M. Madill, Regional Clerk, Region of Durham -Durham Agricultural Advisory Committee (DAAC) 2009 Annual Report and 2010 Workplan I - 22 P. M. Madill, Regional Clerk, Region of Durham -Durham Environmental Advisory Committee (DEAC) 2009 Annual Report and 2010 Workplan Receive for Direction D - 1 Keith Isnor, Chair, Clarington Museums and Archives Board - Request for Transfer of Funds D - 2 Matt Ellis - Port of Newcastle Speeding Issues D - 3 J. Black, Secretary, Newcastle Downtown BIA -Request for Transfer of Funds D - 4 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre -Request for Street Closings 2010 Events and Free Public Transportation for Applefest D - 5 Dr. Eric Hoskins, Minister of Citizenship and Immigration - Newcomer Champion Award Council Agenda - 4 - March 1, 2010 D - 6 Residents of Rowe Street and North Station Street, Orono -Request for Closure of Gate to Orono Fair Grounds D - 7 Garth Gilpin, Secretary-Treasurer, Board of Management, Historic Downtown Bowmanville Business Centre -Request for Transfer of Funds D - 8 Mayor Michael Harding, City of Woodstock - "Power Pledge Community Challenge" Campaign D - 9 Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd., William. Hale and James Hale -Legal Matter D - 10 Kerry Meydam -Air Quality By-law Request D - 11 Holly Abraham, Chairman, Sport Alliance of Ontario -Ontario Games Program D - 12 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association -Requests for Consideration Regarding Feeding of Geese at Bond Head Beach, Household Hazardous Waste Facility and Additional Tree Planting D - 13 Shirley Plaunt, Deputy Clerk, Town of Gravenhurst -Ombudsman Act COMMITTEE REPORT(S) General Purpose and Administration Committee Report of February 19, 2010 2. General Purpose and Administration Committee Report of February 22, 2010 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Mayor Abernethy, seconded by Councillor Woo WHEREAS the Councils of the Municipality of Clarington and other municipalities in the Region of Durham should, and do wish to, maintain accountability and transparency; and WHEREAS the Municipality of Clarington has a Code of Ethics for Members of Council; and WHEREAS some municipalities have been creating a position of, or obtaining professional services of, an Integrity Commissioner to, where appropriate, review inquiries or complaints with respect to Members of Council and their Code of Conduct or Code of Ethics; and Council Agenda - 5 - March 1, 2010 WHEREAS it would be more fiscally efficient and consistent for the municipalities of the Region of Durham to establish and fund a position and services of an Integrity Commissioner for the Region of Durham and its eight municipalities than for each municipality to do so. NOW THEREFORE the Council of the Municipality of Clarington requests that: The Region of Durham establish the position of, or retain the professional services of, an Integrity Commissioner to serve the Region of Durham and its eight municipalities; and The mandate of the Integrity Commissioner be to review inquiries or complaints with respect to matters regulated in the municipalities' Code of Conduct or Code of Ethics; and This motion be copied to the Councils of the Region of Durham and its seven other local municipalities requesting their support and where possible be considered in the 2010 Regional budget. 2. Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS in 2008, Lakeridge Health Bowmanville approached the Municipality of Clarington seeking $2 million for the Touching Lives Campaign, WHEREAS Clarington Council denied the request as health care was and still is considered a provincial responsibility, the cost of which should not be added to property taxes, WHEREAS the Bowmanville Memorial Foundation continues to raise funds for their Touching Lives Campaign,. WHEREAS a pledge of financial support from the Municipality of Clarington would be a much needed boost to the fundraising efforts of Bowmanville Memorial Foundation, WHEREAS in the event that the Municipality of Clarington made a pledge of financial support, such funds would be applied toward the following areas of the Touching Lives Campaign: Mammography; Intensive Care Unit; Emergency and Same Day Surgery/Endoscopy, WHEREAS the. Region of Durham has pledged $750,000 to the Touching Lives Campaign, WHEREAS Council deems it appropriate to follow the lead of the Region to improve the health care facilities for our residents, Council Agenda - 6 - March 1, 2010 NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington's Council pledges $500,000 towards the Touching Lives Campaign on the conditions that the said fund be directed to the aforementioned areas of the Campaign, and 2. THAT the said fund be drawn from the $10 million Host Community Reserve Fund for the Port Granby Project on the condition that the fund can only be drawn upon the Government of Canada commences construction of the new low level radioactive waste management facility at Port Granby. UNFINISHED BUSINESS BY-LAW S NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT U1G~~ll r.~°d`ng`heM°y Council Meeting Minutes FEBRUARY 8, 2010 Minutes of a regular meeting of Council held on February 8, 2010 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Facilities Manager, G. Acorn Purchasing Manager, J. Barber Internal Auditor, L. Barta Director of Engineering Services, T. Cannella Solicitor, D. Hefferon Acting Director of Planning Services, F. Langmaid Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Mayor Abernethy stated he attended the Clarington Project's Polar Chili Golf Classic on February 6, 2010. Mayor Abernethy also attended the opening of George Smitherman's Campaign Office in Toronto. Mr. Smitherman has registered to run in the 2010 City of Toronto Mayoral race. Council Meeting Minutes - 2 - February 8, 2010 Resolution #C-054-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 25, 2010, be approved. "CARRIED" Resolution #C-055-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the rules of procedure be suspended to allow Rosemary Yerernian, Chair, Ontario Nuclear New Build Council, to address .Council regarding the Canadian Nuclear Association Conference. "MOTION LOST" Councillor Novak stated that Dale Hunt, sister of Beth Markle [Delegation (d)], has advised that Beth will not be in attendance this evening and will reschedule her delegation. PRESENTATIONS Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec addressed Council to provide an Update on the Durham/York Residual Waste EA Study. Through use of a PowerPoint presentation, Mr. Curtis provided a brief update on the status of the Durham/York Residual Waste Study Environmental Assessment process. Mr. Curtis reviewed a chronology of events and timelines highlighting significant project dates and outlining next steps in the process. Mr. Curtis stated the Environmental Assessment (EA) was submitted to the Ministry of the Environment on July 31, 2009, with an amended EA which included minor revisions submitted on November 27, 2009 and an Addendum to the EA regarding the procurement process submitted on December 16, 2009. He noted a Notice of Completion of the Ministry review of the Environmental Assessment is anticipated mid-February and that there will be a five week review period for public inspection of the Ministry's review. Mr. Curtis stated that if all goes well, the EA could be in the Minister's office by late June or early July, and then forwarded to Cabinet for approval. Mr. Curtis confirmed that the Minister can refer all or part of the application to an Environmental Review Tribunal, to mediation or can proceed to a decision of either approval, approval with conditions or refusal. Council Meeting Minutes - 3 - February 8, 2010 Mr. Curtis indicated that $13,422,000 was the approved budget for the Environmental Assessment and expenditures to the end of 2009 are approximately $11,700,000 split 50/50 with York Region. He stated there are sufficient funds remaining to implement the EFW project to EA approval excluding referral to the Environmental Review Tribunal or mediation but noted however, that there is no indication those actions will be required. Jim McKay, Stantec, confirmed that modeling and results regarding the PM 2.5 issue have not changed. In response to questions, Mr. Curtis confirmed that the approval is for 140,000 tonnes and that a new EA would have to be submitted under regulations at the time for expansion to a 400,000 tonne facility. Mr. Curtis stated he believes the document submitted in December is internally consistent, complete and correct and he has no cause for concern with what was submitted noting that all amendments and addendum are summarized in the Rationale and Concordance Tables of http://www.durhamvorkwaste.ca/amended ea study doc.php. DELEGATIONS Louis Bertrand addressed Council concerning Staff Report #1 -Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants -Air Quality Impacts. Mr. Bertrand advised the work that is being presented to the public by the Ministry is not only a review of the EA Study but also the comments by the Government Review Team, the public, proponents and responses to those comments. It is an ongoing interactive process and it is crucial that the peer reviewers follow up on the comments. Mr. Bertrand indicated. that this is the last chance that stakeholders will have to provide input into the project before the Minister makes a decision and urged Council to request SENES to confirm in writing that they have reviewed the document. Mr. Bertrand urged Council to defeat the staff recommendation. Doug Anderson addressed Council concerning Staff Report #1 -Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants -Air Quality Impacts. Mr. Anderson expressed concern that the Report seems to suggest that a reduction in capacity has solved all the problems. He feels that 400,000 tonnes was added to the EA to avoid the necessity of conducting a future EA. Mr. Anderson stated he provided Council with figures last year showing that the numbers don't add up and this information was simply ignored because the Business Case is not part of the EA. Mr. Anderson stated the majority of politicians in Durham Region share the concerns of Clarington constituents regarding air pollution in Durham Region and he urged Council to listen to the public, reject the staff recommendation and re-engage the peer reviewers to look beyond the scope of the EA. Council Meeting Minutes - 4 - February 8, 2010 Dale Hunt addressed Council concerning Item 2 of Report #1 -Report PSD-015-10 - To Rezone Residential and Limited Commercial Properties to Permit the Construction of a New Retail Commercial Building. Ms. Hunt stated she feels appearing before Council this evening regarding 57 Mill Street South would be premature and that she will wait until the site plan process begins. Beth Markle advised that she would not be addressing Council Wendy Bracken addressed Council concerning Staff Report #1 -Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants -Air Quality Impacts. Ms. Bracken stated she disagrees with the recommendation contained in the staff report and is concerned that the public does not have a written report from SENES to determine their reasoning. She stated that air quality impacts cannot be limited to a 400,000 tonne per year facility. Ms. Bracken drew Council's attention to comments of Heath Canada reviewers regarding the requirement for additional mitigation measures noting the consultant's response was contrary in recommending that additional mitigation measures not be taken. Ms. Bracken urged Council to conduct another peer review due to the number of items that were not signed off. She also stated that Clarington peer reviewers did not comment on the final or amended EA and expressed concern that the Project Team is still using outdated Ministry of the Environment Ambient Air Standards instead of the appropriate toxicity reference standards. Louis Bertrand addressed Council concerning the Presentation. of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and. Dr. Christopher Ollson, Stantec - Update on the Energy-From-Waste EA. Mr. Bertrand stated he has grave concerns with the EA process as it stands in terms of how it has evolved and its ability to protect the public from a potentially harmful product. Mr. Bertrand feels the municipality is not getting the "best of the best" which was promised and questioned if the best approach is being taken for the benefit of the public. Mr. Bertrand expressed concern that the project website was not up-to-date for the longest time and that the January 15`h table of comments and responses was posted at the bottom of a very long list of reports under "What's New". Wendy Bracken addressed Council concerning the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec-Update on the Energy-From-Waste EA. She expressed concern that Mr. Curtis referred to the first amendment to the EA as dealing with minor matters and does not consider changing from a 400,000 tonne facility to a 140,000 tonne facility a minor matter. Ms. Bracken stated the main concerns raised by Clarington peer reviewers were not changed. She noted that the Clarington Peer Reviewers provided comments on the Draft EA only, not the Final or Amended EA. She urged Council to have reviewers look at mitigation measures that Health Canada is recommending as particulate matter is a key pollutant and Health Canada has commented that the project will significantly add to air quality issues. Council Meeting Minutes - 5 - February 8, 2010 Linda Gasser addressed Council concerning the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec -Update on the Energy-From-Waste EA. Ms. Gasser stated it is a huge struggle to get accurate and timely information from the proponents and Project Team and that citizen reviewers has been concerned with cost and process issues for some time. Ms. Gasser advised that as the potential host community it is essential that staff and Council fully understand the EA process. She urged Council to read the Ministry of the Environment's Code of Practice to understand their role. Ms. Gasser expressed concern that Durham staff have indicated that only minor amendments were made to the EA and she has made the logical assumption based on her review and on the technical reviewer's comments that the prospects fora 400,000 tonne facility were not that good. Ms. Gasser stated this project has great potential to cause serious human heal and environmental impacts. Linda Gasser addressed Council concerning Staff Report #1 -Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants -Air Quality Impacts. Ms. Gasser stated the staff recommendation is premature and that there has been no Ministry of the Environment "sign off' on air quality or site specific health concerns. She stated that issues continue to be raised. by citizen reviewers and other technical reviewers and that they could be included. Ms. Gasser feels it is imperative that Council is made aware of the contents of the SENES response and knowing what SENSES reviewed and their comments is a Council responsibility. She indicated that neither SENSES nor staff have reviewed the Final EA document and that doing a peer review would not delay the EA process. Ms. Gasser expects that Council will make the health and welfare of Clarington residents a priority and urged them to defeat recommendation #2 and to engage peer reviewers to perform this review as part of their due diligence. Kristin Robinson addressed Council concerning Staff Report #1 -Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants -Air Quality Impacts. Ms. Robinson expressed concern that air quality issues have not been addressed and requested Council to re-engage the peer reviewers. She feels that the community's health has not been protected and questioned whose advice Council will take, Health Canada's or the Project Team's. She also stated that in her opinion, it would appear that a municipality who does not make formal comments does not care one way or the other and she feels the Host Community would have something to say. Ms. Robinson requested that Council re- engage experts to look at all the problems the community reviewers are bringing forward. Resolution #C-056-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes "CARRIED" Council Meeting Minutes - 6 - February 8, 2010 The meeting resumed at 8:46 p.m. COMMUNICATIONS Resolution #C-057-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Item I - 8. "CARRIED" I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated December 10, 2009 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated January 14, 2010 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 20, 2010 I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 15, 2010 I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated November 19, 2009 I - 6 Minutes of the Central Lake Ontario Conservation Authority dated January 19, 2010 I - 7 Linda Gasser, writing to the Regional Finance and Administration Committee, indicating that since last fall she has brought a number of concerns regarding the Waste (Incinerator) EA study process related to costs and potential impacts on the 2010 budget to the attention of several Regional Standing Committees and Regional Council; expressing concern that neither the Committees nor Regional Council are being provided with sufficient information regarding the EA study process and costs to be aware of the project status, to determine what the prospects are for EA approval and what the costs to complete the project would be, or that clear and sufficient direction to the Project Team staff is given to ensure proper project oversight and regular detailed updates; expressing concern that the Project Team Council Meeting Minutes - 7 - February 8, 2010 has not fully addressed many issues in the Amended EA and questioning whether the current project team consultants are capable of completing the EA Study and Certificates of Approval, if the EA were approved, in a satisfactory manner; and, questioning in what manner Regional Council and members of the public are generally informed when direction to staff is provided outside of Committee meetings. I - 9 John R. O'Toole, MPP, Durham, writing to the Honourable Gerry Phillips, Minister of Energy & Public Infrastructure Renewal, forwarding a copy of correspondence from the Caarington Board of Trade (CBOT) in support of the construction of two additional reactors at the Darlington Nuclear Generating Station; and, questioning what steps the government will take in the year ahead to advance the construction of this project. I - 10 John R. O'Toole, MPP, Durham, forwarding a copy of the response he received from the Honourable Jim Watson, Minister of Municipal Affairs and Housing, acknowledging concerns Mr. O'Toole has raised. regarding the Ontario Municipal Partnership Fund (OMPF) and advising that his letter has been forwarded to the attention of the Minister of Finance for consideration. Mr. O'Toole will advise Council once a reply is received. I - 11 .John R. O'Toole, MPP, Durham, forwarding a copy of the response he received from the Honourable Jim Watson, Minister of Municipal Affairs and Housing, concerning Clarington's resolution regarding the Places to Grow Act advising the correspondence has been referred to the Honourable George Smitherman, Minister of Energy and Infrastructure for consideration. Mr. O'Toole will advise Council once a reply is received. I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Darlene Dove, Policy Analyst, Water Resources Section, Ministry of Natural Resources, Lands and Waters Branch, advising that on January 27, 2010, Regional Council adopted the following resolution pertaining to Policies and Procedures for Conservation Authority Plan Review and Permitting Activities: "a) THAT Report #2010-P-2 of the Commissioner of Planning be forvarded to the Ministry of Natural Resources as the Region of Durham's comments on the proposed 'Policies and Procedures for Conservation Authority. Plan Review and Permitting Activities', as contained in EBR Posting 010-8243; and Council Meeting Minutes - 8 - February 8, 2010 b) THAT a copy of Report #2010-P-2 be forvuarded to the Ministry of Municipal Affairs and Housing, the Area Municipalities, and to each Conservation Authority having jurisdiction in Durham Region, for their information. I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on January 27, 2010, Regional Council adopted the following resolution pertaining to Amendments to Regulations Under the Planning Act to Notify Propane Facility Operators of New Development Applications: "a) THAT Report #2010-P-3 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-3 be forwarded to the Area Municipalities for information. I - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on January 27, 2010, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a) THAT Report #2010-P-5 of the Commissioner of Planning.be received for information; and b) THAT a copy of Report #2010-P-5 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." I - 15 P. M. Madill, Regional Clerk, Region of Durham writing to the Association of Municipalities of Ontario advising that on January 27, 2010, Regional Council adopted the following resolution pertaining to Regional Municipality of Durham Staff Comments Prepared in Response to the Minister of the Environment's Report on the Waste Diversion Act 2002 Review - "From Waste to Worth: The Role of Waste Diversion in the Green Economy': "a) THAT The Regional Municipality of Durham staff comments outlined in Report #2010-J-1 of the Commissioner of Works regarding the Minister of the Environment's Report on the Waste Diversion Act 2002 Review -'From Waste to Worth: The Role of Waste Diversion in the Green Economy' be forwarded to the Ministry of the Environment for its consideration in advance of the February 1, 2010 comment deadline, suggesting that the Waste Diversion Act include: Council Meeting Minutes - 9 - February 8, 2010 i) PRODUCER PAYS: Recognition of the need for 100 per cent Extended Producer Responsibility funding for all designated materials handled by municipalities as part of their integrated waste management systems; ii) EASE AND CONVENIENCE: Recognition of the significance of source separation, and the role of municipalities in implementing municipal solid waste collection policies and direct incentives to residents that are contributing significantly to the overall diversion goals shared by the Province of Ontario; iii) MAINTAIN SERVICE LEVELS: Guarantees of existing or better levels of waste services to residents which include as a minimum curbside collection of blue box materials and waste facility collection points throughout The Regional Municipality of Durham; iv) FAIR COMPENSATION FOR EXISTING ASSETS: Guarantees that if municipal operations, contracts or infrastructure are affected by new Provincial waste diversion programs or transfers to the private sector, municipalities will be fully compensated for any negative .financial impacts, including payment, at fair market value, for any transferred and/or stranded assets; v) RECOGNITION OF RECOVERY AS DIVERSION: Endorsement of the Canadian Council of Ministers of the Environment definition of the waste diversion hierarchy that recognizes reduction, reuse, recycling and recovery as key elements; vi) RECOGNITION OF RECOVERY AS DIVERSION: Recovery of energy as a part of a fully integrated waste management system and the recognition that diversion includes the use of energy-from-waste residuals (ash and other recoverables) to replace elements in the production of new products and packaging, or incorporate in the production of new products or packaging; vii) FAIR DISTRIBUTION OF LEVIES: Recognition of the need to exempt wastes that are managed through thermal treatment processes that recover energy, generate syn-gases, or further capture recyclables from disposal levies; Council Meeting Minutes - 10 - February 8, 2010 viii) PROMOTION OF BEST PRACTICES: Guarantees that new Provincial diversion strategies will include municipal consultation, and specifically recognize principles identified by municipalities as contributing to diversion successes, including that: A) New systems and strategies should not be implemented without demonstration of reduced environmental impacts, compared to existing diversion systems; B) Waste contamination of recyclable or reusable materials should be minimized, which could become a challenge for specific proposals which may involve collecting, transporting and/or processing Industrial, Commercial and Institutional materials with typically cleaner municipal solid waste materials in a homogeneous system; C) Additional materials should only be diverted once a stable market exists for resale or reuse of the final product to ensure efforts are not wasted on items ultimately destined for disposal; and, D) New systems and strategies should not be implemented without demonstration that they are user-friendly, tolerable, cost-effective and accessible to ensure maximum public support and participation; ix) MUNICIPALITIES CONTROL WHICH ASSETS ARE TRANSFERRED: Guarantees that municipalities retain the sole discretionary decision to decide whether municipal infrastructure is transferred to the private sector, x) TRANSITION FUNDING TO MUNICIPALITIES AT 100 PER CENT OF NET COSTS: Guarantees that Ontario municipalities will receive full Extended Producer Responsibility funding to offset diversion program costs during the transition; xi) ASSURED INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL COMPLIANCE: Implement appropriate measures that will incentivize compliance of diversion targets by the Industrial, Commercial and Institutional sectors based upon the 4R's, reduction, reuse, recycling and recovery; Council Meeting Minutes - 11 - February 8, 2010 xii) MAINTAIN EXISTING DIVERSION RATES WITHIN CURRENT WASTE DIVERSION ONTARIO MUNICIPAL GROUPINGS: Enforcement of material specific diversion targets and appropriate penalties and fines to producers must be applied and be commensurate with an analysis of the environmental benefits versus costs; xiii) CONTINUED CONSULTATION: Recognition of the need for continued engaging discussions with the Province of Ontario municipalities at each transition phase, regarding implementation options and implications, phase-in timelines, performance guarantees and staffing for proposed initiatives, recognizing the role of municipalities as direct service provider, including waste collection services, to most of the Province of Ontario's more than 4.5 million households; xiv) COORDINATED PROVINCIAL PROMOTION AND EDUCATION: Collaborative promotion and education initiatives and call centre programs for an integrated and seamless interface between Ontario's waste management programs and the public; and xv) THAT the Association of Municipalities of Ontario (AMO) continue to have the right to appoint members to the Waste Diversion Ontario (WDO) Board of Directors; b) THAT Regional comments include a request that Provincial efforts encourage Extended Producer Responsibility through movement towards 'zero waste' and include clear definition of the concept of 'zero waste' to ensure development of meaningful and achievable diversion plans; c) THAT Regional staff be authorized to discuss these recommendations with Provincial staff and the Association of Municipalities of Ontario (AMO) and to provide the required detailed background information; and d) THAT a copy of Report #2010-J-1 be forwarded as information to the Clerks of each of The Regional Municipality of Durham's Local Area Municipalities, AMO, and the local MPP's." Council Meeting Minutes - 12 - February 8, 2010 I - 16 Association of Municipalities of Ontario (AMO) advising AMO has made its pre-budget submission to the Standing Committee on Finance and Economic Affairs entitled "Propelling Economic Prosperity" outlining a re-affirmation of current cost-shared arrangements that provide predictable municipal funding including, continued investment in municipal infrastructure, improved economic development opportunities with enhanced financial tools, rebalancing municipal liability exposure by instituting a better approach to liability, reflecting on the massive infrastructure investments made by all three orders of government through the Economic Stimulus program; and, cautioning the government that any change to these agreements would plunge many municipalities into deep and frigid financial waters. A full copy of AMO's pre-budget submission is available at www.amo.on.ca. I - 8 Correspondence has been received from the following groups/individuals in support of the new Nuclear Build project at Darlington Nuclear Generating Station in Clarington as a major economic boast to Clarington, Durham Region and the Province of Ontario: a) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd. b) Randy Henry, Courtice Flea Market, 994990 Ontario Limited c) Mayor Linda Thompson, Municipality of Port Hope d) Kurt Henry, The Mortgage Centre e) Elaine Garnett, CHEX TV Channel 12 Durham Resolution #C-058-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 8 from Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd., Randy Henry, Courtice Flea Market, 994990 Ontario Limited, Mayor Linda Thompson, Municipality of Port Hope, Kurt Henry, The Mortgage Centre and Elaine Garnett, CHEX TV Channel 12 Durham, in support of the new Nuclear Build project at Darlington Nuclear Generating Station, be received with thanks. "CARRIED" Council Meeting Minutes - 13 - February 8, 2010 CORRESPONDENCE FOR DIRECTION Resolution #C-059-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 6, be approved as per the agenda. "CARRIED" D - 1 Rebecca Evans, President, and Donna Donaldson, Executive Officer, Durham Region Home Builders' Association, inviting Mayor Abernethy to attend the Association's "Mayors & Members" evening on March 23, 2010, as they launch "New Homes Month" in Durham Region; and, requesting Council to declare April 2010 as "New Homes Month" in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 2 Donald G. Duthie, Sponsoring Committee Chairman, 172 Royal Canadian Air Cadets of Clarington, requesting permission to hold Tag Days on Thursday April 29, 2010 to Sunday, May 2, 2010, in and around Clarington to help raise funds to finance activities which are not funded by sponsors such as weekend exercises, citizenship tours or trips to museums. (Request approved for 172 Clarington Squadron Royal Canadian Air Cadets Tag Days April 29 to May 2, 2010) D - 3 William Stratton, Chair, Day of Mourning Committee, Durham Region Labour Council, advising that National Day of Mourning is officially recognized as April 28~h each year in recognition of working people who have died at the workplace, or suffered injuries on the job; and, requesting Council to proclaim Wednesday, April 28, 2010, as "Day of Mourning" and that the flags be lowered on Municipal Buildings in honour and remembrance of those killed at the workplace. (Proclaimed and flags to be lowered on Municipal Buildings) Council Meeting Minutes - 14 - February 8, 2010 D - 4 James Osborne and Pamela Callus, forwarding correspondence in opposition to the application to amend the Clarington Official Plan and Zoning By-law by Timothy and Sandra Kearns to permit an outdoor recreational vehicle storage business at 3424 and 3436 ' Courtice Road. The correspondence indicates that they are not opposed to the business per se, but are opposed to the location for a wide range of reasons and outlined planning, personal and environmental factors regarding the proposed development. (Correspondence referred to the Director of Planning Services). D - 5 Laverne Morrison, Advertising Consultant, Metroland, Durham Region Media Group, forwarding advertising proposals for printing and distributing of the 2010 Clarington.net newsletters and for production, printing and distribution of a Clarington Lifestyle Magazine. (Correspondence referred to the 2010 Budget Deliberations) D - 6 Robert Howard and Lynn Martin, United Way of Oshawa-Whitby- Clarington-Brock & Scugog, advising of their intention to bring the Ride4UnitedWay event, to Clarington on August 29, 2010, and to use the Garnet B. Rickard Recreation Complex as the starting and end point for the ride; thanking Members of Council and staff for their encouragement about the prospects for the event and the opportunity to help the United Way in Clarington; and, requesting a grant be provided to cover the fee for the use of the Complex for this event, in recognition of the United Way as a charitable organization who will invest the proceeds of this event in Clarington agencies and the surrounding Durham area. (Correspondence referred to the Municipal Grant Process) COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report February 1, 2010. Resolution #C-060-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of February 1, 2010 be approved, with the exception of Item #4. "CARRIED" Council Meeting Minutes - 15 - February 8, 2010 Item 4 Resolution #C-061-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-017-10 be received; THAT Staff continue processing the applications to amend the Official Plan and Zoning by-law; and THAT all interested parties listed in Report PSD-017-10 and any delegations be advised of Council's decision. "CARRIED" STAFF REPORT(S) Resolution #C-062-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-021-10 be received; THAT the Peer Review consultants for the EFW (Air Quality Impacts) not be re- engaged given that the modification of the Project Description in the EA from a 400,000 tonne per year facility to a 140,000 tonne per year facility addresses the air quality comments previously provided by the peer reviewers; THAT a copy of Report PSD-021-10 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-021-10 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-063-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-022-10 be received; Council Meeting Minutes - 16 - February 8, 2010 THAT the request for Removal of Part Lot Control with respect to Lots 2, 3, 4, 5, 6, 7, 8, 9, 12,14 and 15 of 40M-2278 be approved and that the Part Lot Control By-law contained in Attachment 2 of Report PSD-022-10 be passed at such time the taxes for these lands have been paid pursuaht to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-022-10 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Mayor Abernethy indicated that he would not be proceeding with the motion regarding the appointment of a Regional Integrity Commissioner at this meeting. UNFINISHED BUSINESS Resolution #C-064-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegations of Louis Bertrand, Wendy Bracken and Linda Gasser, with respect to the presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec -Energy-From-Waste Project Update, be received with thanks. "CARRIED" Resolution #C-065-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec -Energy-From-Waste Project Update, be received with thanks. "CARRIED" Council Meeting Minutes - 17 - February 8, 2010 BY-LAWS Resolution #C-066-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-012 to 2010-016 inclusive; 2010-012 Being a by-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington 2010-013 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2010-014 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2010-015 Being a by-law to amend By-law 2009-123 to regulate Election Signs 2010-016 Being a By-law to exempt a certain portion of Registered Plan 40M-2048 from Part Lot Control THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Deputy Mayor Novak chaired the remainder of the meeting. NOTICE OF MOTION Mayor Abernethy and Councillor Hooper gave notice that they will be introducing the following motion at the next Council meeting: "WHEREAS in 2008, Lakeridge Health Bowmanville approached the Municipality of Clarington seeking $2 million for the Touching Lives Campaign, WHEREAS Clarington Council denied the request as health care was and still is considered a provincial responsibility, the cost of which should not be added to property taxes, WHEREAS the Bowmanville Memorial Foundation continues to raise funds for their Touching Lives Campaign, WHEREAS a pledge of financial support from the Municipality of Clarington would be a much needed boost to the fundraising efforts of Bowmanville Memorial Foundation, Council Meeting Minutes - 18 - February 8, 2010 WHEREAS in the event that the Municipality of Clarington made a pledge of financial support,-such funds would be applied toward the following areas of the Touching Lives Campaign: Mammography; Intensive Care Unit; Emergency and Same Day Surgery/Endoscopy, WHEREAS the Region of Durham has pledged $750,000 to the Touching Lives Campaign, WHEREAS Council deems it appropriate to follow the lead of the Region to improve the health care facilities for our residents, NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington's Council pledges $500,000 towards the Touching Lives Campaign on the conditions that the said fund be directed to the aforementioned areas of the Campaign, and 2. THAT the said fund be drawn from the $10 million Host Community Reserve Fund for the Port Granby Project on the condition that the fund can only be drawn upon the Government of Canada commences construction of the new low level radioactive waste management facility at Port Granby." OTHER INFORMATION Councillor Robinson questioned whether the Municipal Solicitor had reviewed the Host Community Agreement for the Energy-From-Waste Project. Mr. Hefferon confirmed that he had reviewed the agreement last May and had provided comments to Mr. Wu. He stated the resolution adopted by Council had authorized the Mayor and the Municipal Clerk to sign the agreement, if he was satisfied with it. Mr. Wu sent a letter to the Region requesting amendments to be made before the Agreement was executed and he has not received a reply to this correspondence. Mr. Wu confirmed that the comments he translated to the Region have been clarified by the Region and that the Agreement will be forthcoming in next few days. He also confirmed that there is no interrelationship between the Host Community Agreement and the EA process. Councillor Foster expressed disappointment that Council did not permit Rosemary Yeremian, Chair, Ontario Nuclear New Build Council to appear as a delegation this evening. He stated the Council's plan is to get broad-based support to show how important new build is to the Ontario economy and to have a presence at the Canadian Nuclear Association Conference in Ottawa. Councillor Foster stated this is a partnership with businesses that parallel Council's goal and it was Ms. Yeremian's intension to request nominal funding for the Conference. Council Meeting Minutes - 19 - February 8, 2010 Mayor Abernethy suggested that Fred Dean, Legal Counsel and facilitator with AMO and AMCTO be invited to a future Council meeting to provide Members of Council with the opportunity to have Mr. Dean respond to questions they may have concerning Municipal Conflict of Interest. CONFIRMING BY-LAW Resolution #C-067-10 Moved by Councillor Foster, seconded by Councilior Hooper THAT leave be granted to introduce By-law 2010-017, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 8~h day of February 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-068-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:35 p.m. MAYOR "CARRIED" MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS March 1, 2010 a) Darlene Bastianelli, Memorial Hospital Foundation -Touching Lives Campaign (Item 2 of Business Arising from Notice of Motion) b) Greg Milosh -Value of an Integrity Commissioner (Item 1 of Business Arising from Notice of Motion) c) Linda Gasser -Host Community Agreement (Item 19 of Report #2) d) Louis Bertrand -Host Community Agreement (Item 19 of Report #2) e) Terry Dorgan, IBEW Local 894 -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) f) Rosemary Yeremian, President, Strategic Insights Inc. -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) SUMMARY OF CORRESPONDENCE March 1, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated October 8, 2009. (Copy attached) I - 2 Minutes of the Clarington Agricultural Advisory Committee dated February 11, 2010. (Copy attached) f - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 16, 2010. (Copy attached) I - 4 Minutes of the Central Lake Ontario Conservation Authority dated February 17, 2010. (Copy attached) I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated January 21, 2010. (Copy attached) I - 6 Frangois Maranda, Assistant Chief Statistician, Informatics & Methodology Field, Statistics Canada, responding to P. M. Madill, Regional Clerk, Region of Durham, regarding Statistics Canada's use of the Ontario Road Network data for the 2011 Census, advising that due to limited time and resources available prior to the 2011 Census, Statistics Canada have had to prioritize areas for convergence and have included six areas only in Ontario in the project for the 2011 Census; indicating that they are not in a position to include the Regional Municipality of Durham in the convergence project for the 2011 Census; and, encouraging the Region to update the Ontario Road Network as they will be using the updates to improve Statistics Canada's road network both before and after the 2011 Census. I - 7 Greg Ashbee, P.Eng, Manager, Infrastructure Expansion Planning, Metrolinx, forwarding a Notice of Study Commencement and Public Information Centre for the construction of a bus maintenance and storage facility in the City of Oshawa; indicating that the Public Information Centre will be held on February 17, 2010 from 5:00 p.m. to 8:00 p.m. at the CAW Union Hall at 1425 Phillip Murray Avenue in Oshawa; and, enclosing the Project Overview highlighting the purpose, justification, work to be done and the Class Environmental Assessment Process. Summary of Correspondence - 2 - March 1, 2010 I - 8 Linda Gasser forwarding a copy of her February 3, 2010, delegation to the Durham Works Committee regarding Regional Report 2010 WR-1 - EFW EA Update expressing concern that incorrect information was provided in the staff report that should have been corrected before the report was finalized; .suggesting that Regional Council should investigate the reasoning behind the major amendment to the EA seeking approval fora 140,000 tpy facility; questioning the amount of money wasted in attempting to justify a 400,000 tpy incinerator; and, urging Regional Works Committee members to ask pointed questions to get useful answers and to provide clear direction to staff to obtain much needed information and a clear understanding of the issues. Attached to Ms. Gasser's correspondence is correspondence from Kevin French, Assistant Deputy Minister, Operations Division, Ministry of the Environment, clarifying that it is the .responsibility of the proponent to respond to all comments and questions received during the initial public inspection of the EA and to provide the Ministry with a summary of those comments and requesting that the minutes of the November 17, 2009 joint meeting of the Region's Finance and Administration and Works Committee be corrected accordingly. I - 9 Scott Crawford, Acting Mayor, Town of Ajax, writing to the Canadian Red Cross, advising that on February 8, 2010, Ajax Town Council adopted the following resolution pertaining to a Donation for Haiti Earthquake Relief: "WHEREAS the country of Haiti experienced a devastating earthquake on January 12, 2010, resulting in the deaths of over 200,000 people; and WHEREAS the survivors are experiencing immense suffering and face an enormous challenge in rebuilding their lives and communities; and, WHEREAS individuals, businesses, organizations, agencies and governments around the world are responding to .provide assistance;. NOW THEREFORE BE IT RESOLVED THAT the Town of Ajax contribute $6,000 on behalf of all citizens of Ajax to the Canadian Red Cross Haiti Earthquake Relief Fund." Summary of Correspondence - 3 - March 1, 2010 I - 10 Natalie Rouskov, Project Engineer, Ministry of Transportation, (MTO) forwarding a Notice of Detail Design Study for the construction of a new commuter parking lot facility at the northeast quadrant of the Highway 35/115 and Highway 2 interchange to accommodate approximately 150 vehicles and to serve as a transit facility with integrated GO Transit Bus service. Comments are being collected to assist MTO in meeting the requirements of the Environmental Assessment Act and are to be submitted by March 15,2010. I - 11 Ann McGuey expressing concern that taxpayers are required to pay $25 to cover the cost of making required changes to the tax roll and a $60 fee is charged to receive a photocopy regarding tax arrears when these are record-keeping functions required to keep the municipality current and to enable the tax bills to be sent out correctly and are already funded through the revenue collected through property taxes. I - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) forwarding correspondence from Jerry Ouellette, MPP, Durham, requesting the Chair of CLOCA to provide feedback arid comments concerning legislation, regulations and organizational responsibilities of Conservation Authorities and forwarding a copy of correspondence from Dick Hibma, Chair, Conservation Ontario, providing a response to Mr. Ouellette's request. In his response, Mr. Hibma outlined the mandate of Conservation Authorities in establishing and undertaking programs designed to further the conservation, restoration, development and managemenYof natural resources other than gas, oil, coal and minerals and acknowledged the challenge of balancing the public interest with individual interests;. advising that the Ministry of Natural Resources recently posted a draft of the proposed "Policies and Procedures for Conservation Authority Plan Review and Permitting Activities" developed in response to criticism by the development industry that Conservation Authorities were extending their influence beyond their mandate and advising that if approved, the policy will provide necessary guidance, rationale and timelines to improve the parties understanding of roles and the process and improve transparency and accountability; and, advising that Conservation Authorities are open to dialogue with the Province, municipalities and other stakeholders which would improve the effectiveness and efficiency of watershed and natural resources management. Summary of Correspondence - 4 - March 1, 2010 I - 13 R. A. (Bob) Fowler, Land Use Council, forwarding information from the Peel Federation of Agriculture and the Township of South Stormont, pointing out a need for review of the role and function of Conservation Authorities in Ontario; indicating that the Land Use Council believes such an assessment will help to heal a growing disconnect between district Conservation Authorities and the communities they serve; and, requesting Council's support for an impartial public review of Conservation Authorities in Ontario. I - 14 Jerry Ouellette, MPP, Oshawa, acknowledging Conservation Authorities as an integral part of the successful management of watershed-based natural resources; advising of the importance of consulting with the public and gathering expertise from various organizations and professionals to achieve a balance of the ecological and social impacts that reflect the concerns of all resource users; and, requesting Council's comments concerning legislation, regulations and the organizational responsibilities of the Conservation Authorities, in order to ensure that the legislation and regulations governing conservation authorities is the most up-to-date, streamlined and practicable.as possible. I - 15 John R. O'Toole, MPP, Durham, fowarding a copy of correspondence from the Honourable Brad Duguid, Minister of Energy and Infrastructure, advising that Mr. O'Toole's letter providing information about the Municipality of Clarington's resolution regarding the disposition of surplus school sites was forwarded to him by the former Minister of Municipal Affairs, Jim Watson; indicating that Ontario Regulation 444198 (Disposal of Surplus Real Property) falls under the jurisdiction of the Ministry of Education and that he has forwarded a copy of Mr. O'Toole's correspondence to Minister Dombrowsky. Mr. O'Toole advises that he will inform Council, should he receive a further reply from the Ministry of Education. I - 16 PITCH-IN Ontario, extending appreciation to all PITCH-IN ONTARIO Municipal Participants for 2009; forwarding information on the costs and benefits of being a patron of Pitch-In; advising that PITCH-IN ONTARIO provides volunteers with materials, ideas, and incentives to undertake the challenging task of cleaning and beautifying the community for free and that patron fees are population-based; and, forwarding a patron application form. I - 17 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on February 2, 2010, the City of Kingston adopted the following resolution pertaining to debt forgiveness to the nation of Haiti: Summary of Correspondence - 5 - March 1, 2010 "WHEREAS the impoverished island nation of Haiti has recently been completely devastated by an Earthquake; and, WHEREAS the Federal Government has agreed to match funds raised by citizens; and, WHEREAS it is the call to duty of all citizens and nations to rally to support our fellow human beings in need after a calamity of this magnitude; THEREFORE BE IT RESOLVED THAT the City of Kingston encourage all citizens to donate to recognized charitable and humanitarian organizations rushing to help in relief efforts to Haiti; AND FURTHER THAT due to the immense rebuilding and concerted effort that will be required to do so successfully, that the City of Kingston encourages the Federal Government to support the growing initiative to provide.complete debt forgiveness to the nation of Haiti in order that all funds can be used towards rebuilding the nation of Haiti in this their greatest hour of need; AND FURTHER THAT this resolution be passed along to the Premier of Ontario, Dalton McGuinty, the Prime Minister of Canada, Stephen Harper, our MPP, John Gerretsen, our MP, Peter Milliken, Leaders of the Opposition both Federally and Provincially, and all municipalities with populations over 50,000." I - 18 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade/Office of Economic Development, writing to Mr. William Short, Clerk of the Committee, forwarding pre-budget comments indicating that the Federal and Provincial governments have done a great deal of work in supporting the road infrastructure program, and that community and "shovel ready' project support has been a great asset to communities in creating short term employment opportunities; stating it is essential that a long term and self sustaining approach also be considered; and, recommending that programs be developed to support the servicing of employment lands in communities which will provide opportunities for development and long term jobs, create development revenue and a continued tax stream to allow communities to generate revenue 4o independently manage infrastructure maintenance. Summary of Correspondence - 6 - March 1,2010 I - 19 Ben Chin, Vice President, Communications, Ontario Power Authority (OPA), writing to Sheila Hall, Executive Director, Clarington Board of Trade, responding to Ms. Hall's correspondence advocating support for local investment in nuclear power; acknowledging OPA's position in recognizing the value of nuclear power for generating the baseload electricity the Province needs and their view of nuclear generation as an important part of the overall portfolio of electricity resources for Ontario; indicating it is inconsistent with their mandate to explicitly advocate on behalf of a particular installation or to promote expedited decisions on the (re)building of Ontario's nuclear fleet; advising they are confident that the government will proceed in a prudent and diligent manner to address the many complex issues and seek the best possible value on behalf of Ontario's ratepayers and taxpayers; and hoping that the Clarington Board of Trade will demonstrate an equally passionate interest in seizing the economic opportunity presented by Ontario's new Feed-in Tariff (FIT and microFlT) program for its membership within its represented communities. I - 20 Ric McGee, Mayor, City of Kawartha Lakes, writing to the Honourable Dalton McGuinty, Premier of Ontario, endorsing the choice of Darlington Nuclear Generating Plant as the host operator for two new nuclear reactors; reiterating the City of Kawartha Lakes' support for Premier McGuinty's leadership on this important matter; and, urging the government to keep the momentum going for these investment interests to flourish, help Ontario's economy blossom in these hard times and provide high quality jobs. I - 21 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Hubert Schillings, Chair, Durham Agricultural Advisory Committee, advising that on February 17, 2010, Regional Council adopted -the following resolution pertaining to Durham Agricultural Advisory Committee (DAAC) 2009 Annual Report and 2010 Workplan: "a) THAT Report #2010 P-7 of the Commissioner of Planning be received as the Durham Agricultural Advisory Committee's annual report on its activities in 2009; b) THAT the Terms of Reference for the Durham Agricultural Advisory Committee be revised, as outlined in Attachment 1 to Report #2010-P-7; c) THAT the 2010 Durham Agricultural Advisory Committee Workplan, outlined in Attachment 2 to Report #2010-P-7, be approved; and Summary of Correspondence - 7 - March 1, 2010 d) THAT a copy of Report #2010-P-7 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the Area Municipalities." I - 22 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. David Middleton, Chair, Durham Environmental Advisory Committee, advising that on February 17, 2010, Regional Council adopted the following resolution pertaining to Dufiam Environmental Advisory Committee (DEAC) 2009 Annual Report and 2010 Workplan: "a) THAT Report #2010 P-8 of the Commissioner of Planning be received as the Durham Environmental Advisory Committee's annual report on its activities in 2009; b) THAT the Terms of Reference for the Durham Environmental Advisory Committee be revised, as outlined in Attachment 1 to Report #2010-P-8; c) THAT the 2010 Durham Environmental Advisory Committee Workplan, outlined in Attachment 2 to Report #2010-P-8, be approved; and d) THAT a copy of Report #2010-P-8 be forwarded to the Durham Environmental Advisory Committee and the Area Municipalities." CORRESPONDENCE FOR DIRECTION D - 1 Keith Isnor, Chair, Clarington Museums and Archives Board, requesting a transfer of $3,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to the Clarington Museums and Archives, which was approved as part of the budget process, in order to close the Museum's 2009 accounting books. (Motion to approve transfer of $3,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to the Clarington Museums and Archives) Summary of Correspondence - 8 - March 1, 2010 D - 2 Matt Ellis, expressing concern relating to pedestrian safety and vehicular traffic on Port of Newcastle Drive and forwarding a petition of area residents in support of the installation of a four-way stop at the intersection of Port of Newcastle Drive and Stillwell Lane. The correspondence indicates that residents are looking at this petition as a starting point and are welcoming the prospect of visiting additional problem areas and opportunities for improvement in the future. Additional correspondence was also received from Mr. Ellis clarifying that while speeding is of concern, the main issue is with the lack of safe crossings on Port of Newcastle Drive and questioned why the convenience factor for those driving outweighs the safety factor for those who are walking. (Motion to refer correspondence and petition to the Director of Engineering Services) D - 3 J. Black, Secretary, Newcastle Downtown BIA requesting Council to provide $3,937.50 from the West End Development Funding for the purpose of hydro expenses relating to banner and wreaths for the BIA. (Motion to approve funding in the amount of $3,937.50 from the Newcastle Downtown BIA Reserve Fund) D - 4 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting approval for the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank parking lot for the following 2010 events: Maple Festival and Friday, April 30, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 1, at 7:30 p.m. Fabulous Fifties Festival Friday, June 18 (Temperance Street from King Street to Church Street from 4:00 p.m. until 11:00 p.m.) and as above on Saturday, June 19 from 5:00 a:m. until 8:00 p.m. Summary of Correspondence - 9 - March 1, 2010 August Moonlight Madness Friday, August 13, from 5:00 p.m. until August 14 at 12:30 a.m., as above Apple Festival and Craft Sale Friday, October 15 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 9:00 p.m. until Saturday, October 16 at 8:00 p.m. Christmas Moonlight Magic Friday, December 3 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m; requesting permission to close the 20 King Street East parking lot from 7:00 a.m. until 3:00 p.m. on April 3'd to facilitate the Easter Egg Hunt and Lion's Club Easter Brunch; requesting permission to close King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank Parking Lot on Saturday, June 5~h from 7:00 a.m. until 3:00 p.m. for the "Motorcycle Ride for Our Heroes",anew event for 2010; and, requesting that free transit service be arranged in Bowmanville from 8:00 a.m. until 5:00 p.m. during the Apple Festival and Craft Sale on October 16"'. (Motion to approve road closures provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department and to provide direction on the request for free transit service on October 16) Summary of Correspondence - 10 - March 1, 2010 D - 5 Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising that nominations for the Newcomer Champion Awards, a program recognizing outstanding individuals or groups who contribute to the understanding and sharing of Ontario's cultural diversity and provide welcoming communities for the benefit of newcomers, are being accepted until March 15, 2010. Nomination forms and information on the awards is available on the Ministry's website at www. o nta ri o. ca/h o no u rsa n d awa rd s. (Motion to refer correspondence to the Municipal Clerk to place information on the municipal website) D - 6 Residents of Rowe Street and North Station Street, Orono, requesting that the gate to the Orono Fair Grounds be closed at the Rowe Street entrance to address safety issues of vehicles travelling at high rates of speed on Rowe Street; acknowledging that the gate will need to be open during certain times of the year, i.e. the fair in September; and, questioning why Rowe Street is open year-round when there is a "No Exit" sign posted that would indicate that Rowe Street is not a through road. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Garth Gilpin, Secretary-Treasurer, Board of Management, Historic Downtown Bowmanville Business.Centre, forwarding a copy of the proposal by Collis and Reed Research to assess customer shopping in downtown Bowmanville; and, requesting $6,000, plus applicable taxes, held by the municipality in escrow, for the Postal Code Survey and Downtown Festival Survey. (Motion to approve $6,000, plus applicable taxes, from the Bowmanville BIA Reserve Fund) Summary of Correspondence - 11 - March 1, 2010 D - 8 Mayor Michael Harding, City of Woodstock, providing details of the "Power Pledge Community Challenge' Campaign to be launched during Earth Week, 2010, with challenge day to take place on Wednesday, August 11 ~h; highlighting the concept of the campaign - families committing to be energy smarter by pledging to take action; advising of two award categories -Participation Category and Megawatt Reduction Category; and, indicating that participants will be eligible to win $10,000 to be put toward a renewable energy project of their choice. Further details regarding the event will be forthcoming. (Motion to refer correspondence to the Clarington Living Green Community Advisory Committee) D - 9 Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd., William Hale and James Hale, requesting to meet with Franklin Wu, Chief Administrative Officer to discuss settlement opportunities regarding litigation pending before the Court of Appeal. (Motion for Direction) D - 10 Kerry Meydam forwarding a copy of the Town of Oakville's staff report and new Health Protection Air Quality By-law regulating fine particulate matter; indicating that Municipalities are authorized under the Municipal Act. 2001 to pass legislation identifying public nuisances and to protect the health, safety and well-being of its citizens as long as it does not conflict with Provincial legislation; advising that as neither the Provihce nor the Federal Government have yet to regulate PM2.5, the Region or the Municipality has the right to create their own solution; and, requesting that Council consider implementing a by-law in Clarington specifically targeting PM2.5. Ms. Meydam also expresses concern that Courtice has the highest NO2 levels when compared to Windsor, Sarnia, Oakville Hamilton and Toronto and that this is only one example of hidden information in Appendices that was never included in any of the Consultant's presentations to Council or Committee prior to the. approval of the incinerator and EA studies. (Motion for Direction) D - 11 Holly Abraham, Chairman, Sport Alliance of Ontario, advising that sportalliance is currently seeking bid submissions for the 2012 Ontario Winter Games; forwarding a copy of the Ontario Games Bid Guidelines and encouraging the municipality to be a part of the 2012 Ontario Winter Games; and, indicating that sportalliance staff are available to assist with any questions regarding the bid process. (Motion for Direction) Summary of Correspondence - 12 - March 1, 2010 D - 12 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association, requesting a by-law be adopted to prohibit feeding geese at Bond Head Beach and that a sign be posted at the beach to discourage the feeding; expressing concern that a facility for the disposal of household hazardous waste has been postponed and that there are no plans in the near future for a disposal site; and, requesting a meeting with staff to discuss additional tree planting on Mill Street. (Motion for Direction) D - 13 Shirley Plaunt, Deputy Clerk, Town of Gravenhurst, advising Council that on February 2, 2010, the Town of Gravenhurst adopted the following resolution pertaining to the Ombudsman Act: "WHEREAS the Ombudsman is the "citizen representative" and the Office of the Ombudsman is responsible for responding to complaints affecting government organizations save and except hospitals, long- term care facilities and children's aid societies; AND WHEREAS the Office of the Ombudsman has been advocating since 1975 to ihclude hospitals, under the jurisdiction of the Ombudsman, but to date, Ontario remains the only Province in Canada who's Ombudsman has no jurisdiction over hospitals and long-term care facilities; AND WHEREAS hospitals spend more than $20 billion in public money every year in Ontario; AND WHEREAS whether overseeing the police, the military or the Provincial government, Mr. Marin has stated one of the beliefs that's closest to his heart is that these bodies don't exist for their own ends. They exist to serve the public. The public also has great expectations of the checks and balances that exist to keep the system functioning as it should; AND WHEREAS the historical reason for not including hospitals under the Ombudsman Act is extremely weak and is based on the fact they do not fall under the definition because they have their own elected boards; AND WHEREAS a municipal "board of directors" is directly elected by the public and the hospital board is not; Summary of Correspondence - 13 - March 1, 2010 AND WHEREAS the Office of the Ombudsman is quoted as saying "Ontario is the only province in Canada whose Ombudsman does not have a mandate to oversee hospitals. Despite this, the Ombudsman's Office receives many serious complaints about hospitals every year that cannot be investigated. A total of 276 complaints about hospitals were received in fiscal 2007-2008"; AND WHEREAS the time has come for the Government of Ontario to include hospitals under the jurisdiction of the Ombudsman Act to ensure a high level of health care, fiscal responsibility, accountability, openness and transparency; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Gravenhurst hereby petitions the Premier of Ontario to take the necessary steps in a timely manner to amend the Ombudsman Act to include hospitals under the jurisdiction of the Ombudsman; AND FURTHER THAT in the event the Premier responds negatively, the Council of the Town of Gravenhurst respectfully requests and expects a full and complete explanation as to why the Province will not amehd the Act as requested; AND FURTHER THAT this resolution be circulated to all municipalities in the Province of Ontario for support; AND THAT the appropriate persons be so notified of this action; AND THAT the Premier of Ontario, Minister of Health and Long-Term Care, Speaker of the Ontario Legislature, District of Muskoka MPPs, Ontario's Ombudsman, Chief Medical Officer of Health, aIPHa, and all Ontario boards of health and municipalities be so advised." (Motion for Direction) Clarington Compost Facility Community Relations Committee Minutes of Meeting # 7 -Thursday October 8th, 2009 Participants Resident representative I - 1 • Roberta Stasyszyn, Co chair -Resident representative • Edward Oegema, Resident representative Business representative • Fred Biesenthal, Business representative Municipality of Clarington • Janice Szwarz, Planning Services Department Miller Waste • Mike Kopansky, Jeff Ahrens and Debbie MacDonald Regrets • Rob Hersey -Central Lake Ontario Conservation • Leslie Benson, Engineering Services Department Item # 1 The Minutes of Meeting #6 were reviewed -two corrections required: 1. Leslie Benson did not attend Meeting #6 on June 26"'. The minutes were accepted with this correction. 2. Item 3.1 -needs to be clarified with respect to councilors inquiring about whether residents were allowed to utilize the site -the council was reminded that residents are not allowed to utilize the site for the purpose of dropping off L&YW or for purchasing compost at Miller's Clarington site and that residents utilizing the site in the manner described above was not included in Miller's application, at the request of Clarington staff. Item # 2 Miller to report on key measurables: 2.1. Tonnes processed -site received 16,851 metric tonnes from June 1st, 2009 through October 1st, 2009 - C of A allows a weekly maximum of 4,200 tonnes or yearly site total of 70,000 tonnes (wood 20,000 and composting 50, 000). 2.2. Residue rates -Less than 6% from June 1st, 2009 through October 1st, 2009. Much higher than last year's average as a result of residents using the incorrect plastic bags in their green bins. Durham Region and Miller Waste Minutes of Meeting #7- Miller Community Relations Committee -October 8th, 2009 1 of 2 are aggressively working to bring residents back to using the correct compostable bags for their green bins. 2.3. Traffic -report of scale transactions from June 1st, 2009 through October 1st, 2009 show 1,922 scale transactions. Peak week occurred in June, with 232 state transactions -based on 6 days per week operation, this averages to 39 scale transactions per day (well below 28/hr modeled in permit documents. 2.4. Noise and Dust -site is being maintained in accordance with C of A - no dust complaints have been received to date. 2.5. Woodlot Management -Miller staff continue to monitor presence of Buckthorn in the buffer to the south of the woodlot. Miller wilt continue to inspect and remove Buckthom and other invasive species from the woodlot buffer area. 2.6. Groundwater monitoring -Hydrology testing is being performed By Gartner Lee (now Aecom) -testing is ongoing as per requirements of C of A. 2.7. Odour -Odour reports are being logged, investigated and corrective actions taken as per site C of A. The site has received a total of 6 notifications related to 4 odour events between June 1st, 2009 through October 1st, 2009. Miller will continue to work with our neighbour's to minimize our impact on them. MK met with Doug Bruce, Giles Lecour, Mrs. Bickle and dropped off notice at two other houses on Solina to ensure that neighbours were communicating their concerns to Miller with respect to Miller's site operations.. 2.8. The site is being operated in compliance wfth the requirements of the C of A for the site. Item # 3 -Other Items 3.1 Miller confirmed that a compost donation commitment has been made to the Clarington Museums (Martha Rutherford Conrad). Miller's Peter Secord will work with them to ensure the compost donation provides them with maximum value. Miller will email a copy of the Donations request form to all members of the CRC so that we have an easy consistent method of receiving donation requests in the future. 3.2 Miller introduced the new Operations Manager for Miller Compost -Jeff Ahrens. 3.3 MK updated group on lack of response from the business individual that was contacted about participating on the CRC. MK to continue to pursue possible business representative for the committee and present options to municipality when willing representative is located. Item # 4 Next meeting proposed -Thursday January 21st, 2010. Location -town office (40 Temperance Street, Bowmanville). Start time 4:30 pm -duration estimated to be 2 hours. Minutes of Meeting #7- Miller Community Relations Committee -October 8th, 2009 2 pf 2 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, FEBRUARY 11, 2010 MEMBERS PRESENT: Mary Ann Found Brenda Metcalf Ross McMaster Marlene Werry-Durham Region Gary Jeffery REGRETS: Jennifer Knox Mark Bragg STAFF: Faye Langmaid GUESTS: Greg Bales, MNR Mayor Abernethy I - 2 Eric Bowman Henk Mulders Donald Rickard Orwin Bandstra Councillor Gord Robinson Tom Barrie Ted Watson Dean Jacobs Patti Barrie, Clerk Brian Souch, Livestock valuator ADOPTION OF AGENDA 10-05 Moved by Eric Bowman, seconded by Brenda Metcalf "That the Agenda for February 11, 2010 be adopted" "CARRIED" APPROVAL OF MINUTES 10-06 Moved by Donald Rickard, seconded by Eric Bowman "That the minutes of the January 14, 2010 meeting be approved, as amended." "CARRIED" GUEST: Greg Bales, MNR Greg provided a presentation on Wildlife Predation, including deer, coyotes, turkeys and other birds, raccoons and how to report, control predation. The following reading material was also made available to members of the Committee: Fact Sheet -Coyotes in the Community, Strategy for Preventing and Managing Human- Wildlife Conflicts in Ontario, .How td Differentiate Between Coyote and Dog Predation on Sheep, and Fencing Options in Predator Control. Questions/Answer session: Complaints along the lake front about geese becoming a nuisance Canada Geese are protected under the Migratory Bird Act. The problem can however be addressed by keeping grass long and/or by planting shrubs/hedges along certain sections of the beach front which should discourage geese to easily maneuver between the water's edge and the grazing areas. Dogs are used in some municipalities to control geese on waterfronts, golf courses, etc. The numbers and statistics collected by MNR are based on information provided by hunters, number of licenses issued and extra tags. Many of the committee members question the statistics as they do not relate to their experience on the land. Bounties were discussed as they have been introduced in some other counties. Greg indicates that initially they are successful but then the populations rebound and over the long term there is no noticeable improvement, plus it is a costly system of control. It is better to encourage landowners to allow hunters onto their land. The Municipal Clerk is going to provide the by-laws applicable to the discharge of firearms, etc. In addition, land owners need to be aware of hunting seasons, unless they are protecting their own property. It appears that since Clarington is broken up into 3 areas by MNR, namely 72A, 72B and 73 that there is confusion. In 72A only bow hunting is allowed and since it is more difficult, there are few hunters in this area, which means that the deer have moved into the area. Hunting is a tool to control wildlife and committee members were encouraged to allow hunting on their lands. As land owners they need to encourage hunting, lack of hunting means the populations go up and then biodiversity drops. Deadstock is a problem since there are so few that wish to pick it up. There needs to be a better plan and support (financial) in place for the removal of dead livestock from farms.. Greg indicated that this matter will be taken up with MNR Management. According to the livestock valuator, when calving is near the barns or in barns it is easier for the farmers to prove that they have deadstock. For calving that happens in the fields, the coyotes get lots of young but there is nothing left so the farmers cannot claim. The behaviour of coyotes is not particularly changing, but they do adapt and are no longer fearful of people and appear to be bolder. Problems with non-farm land owners that do not want hunters on their property. Part of the solution lies in education on deforestation and how to improve the biodiversity in forests. Gary thanked Greg for attending and providing the presentation. Gary also thanked the Mayor, Clerk and Livestock valuator for taking the time to attend the meeting to hear Greg and the discussion by committee members. AACC Feb 11, 2010 BUSINESS ARISING FROM MINUTES Side loading on Regional Roads was highlighted in the minutes and an email to this effect was sent to Cliff Curtis. Cliff had indicated that he would have staff respond on this issue. Gord Robinson will follow-up with Regional Works. Climatic Assessment -Marlene provided an update that the application appeared to be too "Regional", .the granting agency was looking for province-wide applications. Marlene believes there may be other avenues to fund this study. 2009 Accomplishments -Gary provided an update at the January 25th GPA meeting. GRCA/CLOCA stewardship #unding -Additional work on understanding the disparities between the two CA's is required. Corporations -Gary has had a conversation with John O'Toole about the lack of understanding by OMAFRA and other Ministries that most farmers are corporations and the penalties that could apply in the different Acts do not acknowledge this issue. Rather the penalties for corporations were designed for large multi-nationals. Gary will follow-up with John O'Toole and through his other provincial contacts. CORRESPONDENCE Notice from John O'Toole about research on the Greenbelt and its impacts on farm incomes ".....the real impact of the Greenbelt legislation on farming since its, introduction will be revealed only after the publication of the next agricultural census data in 2011". CLOCA letter about disparity in stewardship funding explaining a few observations. DEAC Awards notification (circulated). Tour of Oshawa Harbour (Port) is Monday, Feb 22 as sent out to members, you must RSVP to attend (security check-in, etc). Green Energy Act -requirements for renewable energy approvals and consultation requirements. Municipality not the approval authority, but must be consulted. Memo on Green Energy Act - providing a update on the process that producers have to follow under the Green Energy Act, they must consult with the municipality, approval is not required. Approval is granted directly by the Province as outlined in the memo for the types of energy defined as "green". AACC ~ Feb 11, 2010 REPORTS FROM OTHER COMMITTEES DAAC Hubert Schilling re-elected as Chair. Majority of meeting was spent on Lake Scugog Environmental Plan, committee members noted that the messaging is misleading because of the way information is being presented. Durham Federation of Agriculture Andrew Frew elected as new chair. April 6, 7, 8 is Farm Connections. They are applying for Trillium funding. Insurance and funding are issues that they are trying to address for the long term. Councillor Robinson suggested the group apply for a municipal grant. Gord and Faye to follow-up with Mary Ann and Brenda. Other items- new Minister of Agriculture, Carol Mitchell from Huron County. Wildlife predation is an issue for many farmers, DRFA is monitoring situation. Clarington Board of Trade The Board is working on its strategic planning which Donald is participating in. Known to be some 1100 businesses in Clarington, of which only approximately 200 are members of CBOT. There are 20 farming operations/businesses in Clarington that gross aver $1 million a year, but they are not members. There was a general consensus that Agricultural businesses could benefit from CBOT membership and vice versa A couple of ideas CBOT is considering are: soliciting food processors; promoting local food production; if Oshawa Harbour is not receptive to agricultural product shipment can that happen in Clarington? There needs to be vertical integration with community to have agricultural benefits. Potential thoughts about establishing an agricultural "think tank". OTHER BUSINESS Agri-tourism -Faye had sent a primer to the committee to think about what Secondary uses fall within the category of agri-tourism. In the case of a winery, the connection between grape growing and having a winery are clear but then when the winery becomes a bistro and gift shop is that secondary? Agri-tourism is relatively new and defining what is a secondary use on the farm is one of the issues the Planning Services Department is pondering. _ Agri-tourism breaks into 3 categories, agri-entertainment (weddings, pumpkin cannons, wrn mazes), agri-education (on farm tours, classroom setting), and agri-culinary (experience regional cuisine). At the August 21, 2008 committee meeting, members were briefed on the review of the Official Plan. As part of the review the current 2 tier structure of Clarington's Official Plan being General and Prime Agricultural lands will have to be modified into one category as "prime' to match the Region's designation and definition: The Region's Official Plan allows for agri-tourism uses but leaves the criteria for them and restrictions on them to the local municipal Official Plans. AACC Feb 11, 2010 The Provincial Policy Statement defines: Agri-related uses: means those farm related commercial and farm related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation. Secondary uses: means uses secondary to the principal use of the property, including home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the farm property. In Clarington's Official Plan it would be possible to provide farmers with the option of having agri-tourism as a use "as of right". Alternatively agri-tourism could be provided as an option but would require a site specific zoning amendment. Zoning amendments are costly and many may be deterred from obtaining them. An example of this type of zoning approval already exists for golf courses. Income can not be used as a land use control mechanism and even the definition of "secondary" becomes confusing when wineries are the secondary use and grape growing the primary, since the value-added component is the more profitable business. With the trend towards "destination and/or event weddings" some wineries which cater to this business have become problems for their neighbours because of traffic, noise, etc. However, the same could be true for corn drying operations, farm machinery welding/repair or riding stables. The overall consensus from the committee was that the municipality must maintain a, level of control and be careful in what it allows. Committee members support agri- tourism but question whether it should be available "as of right°. They believe agri- education should be encouraged but with controls in place. What is to be protected is the resource, the soil and its production potential. It was emphasized that the zoning carries with the land not the operator. FUTURE AGENDA Next Meeting Dennis Yellowlees on Greenbelt Council. Marilyn Bidgood from OMAFRA for April meeting. Moved to Adjourn: Mary Ann Found Next Meeting: March 11, 2010 7:30 p.m. AACC Feb 11, 2010 I - 3 Draft minutes -Not Vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY FEBRUARY 16,.2010 AT 7:00 P.M. Present: (Voting) John Stoner -Chair Dan Stanoi Karin Murphy-Vice Chair Brian Reid Jim Cleland Pat Mulcahy Joe McKenna David Best Councillor Willie Woo Staff Present: Peter Windolf Regrets: Shirley Minifie Absent: Greg Wells - GRCA Arthur Burrows Warren May - MNR 1. Agenda Additions Recycled bat box -Jim Cleland Evergreen Application -John Stoner Acceptance of Agenda MOVED by Karin Murphy, seconded by Jim Cleland THAT the agenda for February 16, 2010 be accepted. CARRIED 2. Minutes of January 20, 2010 Corrections There were no corrections to the minutes 2 Approval of Minutes MOVED by David Best, seconded by Jim Cleland THAT the minutes of January 20, 201.0 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee Reports Communications Joe provided a hard copy of the Winter 2010 Newsletter. The newsletter has now been printed and is in the process of being distributed to the mailing list. Shirley will place copies of the newsletter at the Wheelhouse in the Wilmot Community. Karin will post the laminated version on the kiosk. 5. Updates Winter Bird and Mammal Count A Winter Bird and Mammal Count was conducted on February 7. The count was lead by John Foster from the Durham Field Naturalists. Three teams were assembled to count at different areas of the SWNA. Committee members present were David Best, Jim Cleland, John Stoner, Karin Murphy, Shirley Minifie, Dan Stanoi and Brian Reid. Five others from the Durham Field Naturalists also participated. The consensus of those who attended was that it was a good first step and learning experience and the results will provide a good baseline for future counts. A significant number of water birds were counted but the overall numbers and vaziety of birds was low which is consistent with other 2010 bird counts in Ontario. Unfortunately the lack of snow made the mammal count difficult since tracks were hard to find. Some of the mammals counted were American Beaver, Muskrat, Eastern Cottontail, Red Fox, Coyote, and White Tailed Deer. The results from the count will be brought to a future SWNA meeting Trail Relocation -Cost Estimate At the January meeting, two conceptual layouts were presented to illustrate how the 27% trail slope east of the pedestrian bridge can be reduced. The committee endorsed the option that re-routes the trail S/E from the bottom of the slope for approximately 100m until it reconnects with the existing trail. This would decrease the grade on the trail to 10% and would remove a small portion of the trail that currently encroaches onto the Hydro One corridor. The cost estimate for the project including all engineering, taxes and contingencies was $77,000. Although there is no funding currently available to complete the work the conceptual design and cost estimate will be valuable should the project be included in a future capital budget or if a trail funding program becomes available through another level of government. Newsletter/SWNA blog The Winter 2010 Newsletter was the last print edition. The option of creating an SWNA blog in lieu of a Newsletter was discussed. A blog would be easily accessible to anyone doing an intemet search for the Samuel Wilmot Nature Area. The blog could provide up- to-date information about the SWNA, future events or work occurring at the SWNA. Information could be posted to the blog immediately rather than accumulating stories for a future newsletter. After discussion of the blog's potential benefits the following Resolution was moved by Brian Reid, seconded by David Best; That the SWNA establish a blog to provide up to date information on BWNA activities and events. Carved It was agreed that all information provided by SWNA Committee members for the blog would be sent to the Municipality. Jennifer O'Donnell would upload the information to the blog. Trails Omen 2010 In conjunction with Doors Open Ontario the Architectural Conservancy of Ontario (ACO) will feature trail walks as part of their 2010 program of events. The Clarington Branch of the ACO has requested that the S WNA be included as a Trails Open site. The events are timed to coincide with Doors Open on the weekend of June 5 and 6. A minimum of one guided tour must be offered on the day of the event lasting from 30 minutes to four hours. After discussing the merits of participating in the Trails Open the following Resolution was moved by Karin Murphy, seconded by Pat Mulcahy; That the SWNA committee agree to participate in Trails Open 2010 and offer guided tours of the site on June 5 and 6. Carried Discussion about the details of the event determined that the S WNA tours could start from the Cobbledick parking lot at 2:00 PM on both June 5 and 6 and will last 1-1.5 hours. Brian Reid and David Best have volunteered to be available for the tours, others may also be available but could not commit at this time. Karin Murphy will contact Leslie Wilson from the Newcastle and District Historical Society to see if she would be 4 interested in participating in the tours or if she would be available to attend a future SWNA meeting to brief members about interesting historical details of the site that they could use during the guided tours. Further discussion with the Clarington branch of the ACO to firm up details of the event will be required. Evergreen Green Grants Program An application was submitted to Evergreen in advance of January 29, 2010 deadline. The proposed project would include tree and shrub planting in the riparian zones, the old fields, and along the edges of the SWNA. John Stoner has received confirmation that the application was received by Evergreen and that funding decisions will be made by March 31, 2010. Recvcled Bat Boxes Jim Cleland brought a sample of a bat box made from recycled plastic. The box was very sturdy but also very heavy. The cost of the bat box wasn't known but it would be investigated further if the committee decides to install more bat boxes in the future. 6. Other Business/Next Meeting Brian will talk with John Foster about holding a spring event at the SWNA themed around Wildflowers. Motion to Adiourn MOVED by Brian Reid, seconded by Joe McKenna THAT the meeting be adjourned. CARRIED Adjournment: 8:30 P.M. Next Meeting: Tuesday March 9, 2010 7:00 p.m. Meeting Room lA Notes prepared by P. Windolf CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY r ICIF~g2~, ' MINUTES N O. 2 r P9 ~°54:05 AUTHORITY MEETING I - 4 WEDNESDAY. February l7. 2010 - 5:00 P.M _ ' g~J 71~N ~~ `'TRH MEETING LOCA PION: 100 WHITING AVENUE, OSHA j~JA A AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDRO R'~V!t`PotD BY ~ ~~ OP!i. vAL TO: ~~ Present: R. Johnson, Chair ^ '-"%NCIL ¢~COUNCIL ^ FILE DIRECTION adWRMATION G. Emm, Vice Chair COPY TO: Crawford S ^ MAYOA U 'dEMBERS ^ CAO . ~F COUNCIL J. Drumm ^ COMMUN'.1 ~ <uRPORATE ^ EAIERGENC'f J. Gray SERVICES SERVICES SERVICES R. HOOper ^ ENGIi6 E~ ~. ~ ~~NNICIPAL ^ OPERATIGtVS D. Mitchell SERV~,"f:; CLERMS J. Neal ^ PLNas'ha U SOLICITOR ^ TREASUflV M. Novak sEa~.::S M.Peazce ^ O7RLR P. Perkins --1 MUNICIPAL CLEAK'S FILE J.R. Powell, Chief Administrative Ofticer ~- D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage G. Ceissberger, Marketing & Communications Coordinator P. Sisson. Director, Engineering & Field Operations K. Tale, Administrative Assis[anURecording Secretary Excused: A. Cullen A. Foster M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewardship & Community Ouveach G. SooChan, Director, Groundwater Absent: B. Nicholson The Chair called the meeting to order ak 5:03 p.m. DECLARATIONS of interest by members on any matters herein contained Councillor G. Emm declared a conflict with. respect [o Staff Report #4864-10, specifically permit 510-008-GH, as he lives un the haul route, and neither took par[ in discussion nor voted on the matter. - ADOPTION OF NI[NUTES Res. #31 Moved by P. Perkins Seconded by 5_ Crawford THAT the Authority tnimttes of'January L9, 1Il/0 be adopted as circulated. CARRIED AUTHORITY MEETING MINUTES N0.2 -FEBRUARY 17, 2010 -PAGE 2 CORRESPONDENCE (I) Correspondence item#LBVB7C15/LBHB9C34fromMunicipxlityofClarington/C.AnneGreentree re: Exchange of lands with CLOCA, Bowmanville Valleylands and Long Sault Conservation Area Res. #32 Moved by M. I~avak Seconded by S. Crawford THAT the above correspondence item (attached as Schedule 3-1 & 3-2 of Feb. L7/10) be received for irtfnrrnation. CARRIED (2) Correspondence from Jerry J. Ouellette, M.P.P. Oshawa re: Conservation Authorities (3) Correspondence from Conservation Ontario Chair Dick Hibma to Jerzy J. Ouellette, M.P.P. Oshawa re: response to recent letter to Chairs of all Conservation Authorities Res. #33 Moved by S. Crawford Seconded by M: Novak THAT the above correspondence items (attached as Schedule H-1 to H-5 of Feb. 17/10) be received for information.. CARRIED DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report#4867-10 Wetlands in Your Backyard - Black/Harmony/Farewell Watershed Outreach Program Res. #34 Moved by I. Gray Seconded by P. Perkins THAT Staff Report tf4867-10 (attached as Schedale 4-1 & 4-2 of Feb. 17/10) be received for information. CARRIED DIRECTOR, ENGINEERING & FIELD OPERATIONS (I) Staff Reporf#4864-10 (attached as Schedule 5-1 to 5-3 q(Feb. l7/10) re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses -January 1-31,2010 Res. #35 Moved by !. Drumm Seconded by S. Crawford THAT the attached applications be approved and the respective permits be issued. CARRIED M. Pearce raised some yueslions and concerns with respect to permit 510-008-GH of Staff Report #4864-]0. Discussion ensued. Res. #36 Moved by P. Perkins Seconded by J. Drumm THAT the maUer be referred back to staff for investigation, discussion will[ municipal staff and report back. CARRIED AUTHORITY bIEETING MINUTES N0.2 -FEBRUARY 17, 201U -PAGE 3 (2) Staff Report #4865-10 Bowmanville Soper Creeks Flood Plain Mapping (Aquafor Beech Ltd.) and Darlington Creek Flood Plain Mapping (CLOCA 2009) Res. #37 Moved by J. Drumm Seconded by M. Novak THAT Staff Report #4865-10 (ataached as Schedule 5-4 & 5-S of Feb. 17//O) 6e received for information; and, THAT the Flood Paiu Mapping for Bowmanville Soper Creeks and the Darlington Creek be approved and implemented through CLOCA's various regulations and programs. CARRIED (3) Staff Report #: 4866-10 (attached as Schedede 5-6 to 5-12 of Feb. 17/10) File #: O 10-019-GBFT-I (RPRG3511) ApplicanC Mr. Frank Giordano Application: [o construct a 9 unit apartment building Location: 138 Stevenson Road South, Oshawa Res. #38 Moved by J. Gray Seconded by R. Hooper THAT the subject application be approved subject to the following conditions: 1. The project shall be carried out according to plans submitted in support of the application; 2. The building is to be adequately flood proofed to the satisfaction of the Authority; 3. The structure will be securely anchored; 4. The structure wild not have a basement; 5. All openings in the building are to be raised a minimum of 0.3 metres above the Regulatory floodplain elevation of 105.42 metres; 6. All electricals in the building are to be raised a minimum of 0.3 metres above the Regulatory floodplain elevation of 105.42 metres; Z A minimal amount of clean fill is to be placed on the property in order to adequately flood proof the stntchtre; 8. The applicant submit detailed grading plans; 9. The applicant submit detailed sediment and erosion control plans; and, 10. The applicant enter into a Save Harmless Agreement with the Authority and that the agreement is registered on title at the applicant's expense. CARRIED (4) Staff Report #: 4868- l0 (attached as Schedule 5-13 to 5-26 0(Feb. 17/10) File #: W 10-017-GBFH (RPRG3492) Applicant: TFP Whitby Developments Inc. Application: grading and placement of fill, construction of new structure(s), filling in the flood plain and development in Hazardous Land Loca[ioo: Part Lots 3I & 32, Concession 3, Town of Whitby East of Coronatiun Road, south of Taunton Road Extensive discussion ensued, P. Perkins requested Authority staff report back at the next Board meeting with guidance on how Authority regulations and provincial policy statements as expressed in municipal planning documents address significant valleylands and their protection. AUTHORITY MEETING MINUTES N0.2 -FEBRUARY 17, 2010 -PAGE 4 Res. #39 Moved by J. Drumm Seconded by S. Crawford THAT Staff Report #4868-10 be received; THAT permrt WIO-017-GBFH be approved subject to the foifowing conditions; 1. Prior to tl:e issuance of permits, the applicant shall submit a plan acceptable to staff detailing the extent of fill (depths and grades) to be placed on the subdivision lands. 2. All works shall be carried out as per tl:e plans and reports submitted in support of the application as they may be amesuled through conditions of the permit (specs; fic plans/reports to be approved by staff and listed in an attachment to the permit). 3. Prior to the commencement of any site grading or constracHon activities, the applicant shall erect sedimentafion controls per the approved plans. These controls shall be inspected and approved by Authority staff prior to commencement of site activities, and shall be monitored and maintained in good working order by the applicant aver the course of the project. 4. All works and truck traffic crossing the valley shall occur between the period of July 1 s' to September IS1A, ZIIlO. The bridge used to cross Lynde Creek shall be of a temporary nature and shall be removed no later than September IS"', 2010. While in place, the bridge shall be anchored to the abutments to prevent movement off the abutments as a result of track traffic or flood events. AT NO TIME DURING CONSTRUCTION OR THEREAFTER WILL CONSTRUCTION EQUIPMENT ENTER INTO THE WATERCOURSE. 5. Bridge abutments and site grading shall be placed/occur no closer than 4 metres to the top-of--bank of the creek channel, or a projected 3:7 slope for the creek channel banks whichever is greater. 6. The topsoil berm across the valley floor shall be no greater height than .45 metres, and shall include l.0 metre gaps every /0 metres to facilitate flaw through in the event of valley flooding during the project. The berm and road crossing of the valley floor shall be restored to native grades al the time of, or iia later than the removal of the temporary bridge crossing. 7. All disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible and prior to the expiry of this permit. and; THAT the Town of Whitby and Ministry of Natural Resources receive a copy of this report. CARRIED J. Neal was excused at 5:27 p. m. to attend another meeting. DIRECTOR, CORPORATE SERVICES (1) Staff Report #4863-10 (attached as Schedule 6-I to 6-8 of Feb. 17/10, for members & staff only) Audit of the Financial Statements of CLOCA for the year ended December 31, 2009 Res. #40 Moved by G. Emm Seconded by P. Perkins THAT the letter from Ma David J. Griffith, BDO Dunwnody LLP, be received far information; and, THAT Ma Griffith be advised that the Board of Directors is not aware of any matters related to fraud or error on behalf of management's processes. CARRIED ADJOURNMENT Res. #41 Moved by M. Novak Seconded by P. Perkins THAT the meeting adjourn. CARRIED The meeting adjourned at 5:33 p.m. CLLhJll~~W Approved by Committee Members I - 5 CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday January 21, 2010 PRESENT: (Chair) Gord Lee (Vice-Chair) Vacant Councillor Adrian Foster Elwood Ward Lisa Robinson Gillian Bellefontaine Alan Bayliss David Reesor Kerry Meydam ALSO Tony Cannella, Director of Engineering Services PRESENT: Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Esther Rathwell, Durham Regional Police Services Amanda Spencer, Region of Durham, Traffic Engineering & Operations Division REGRETS: Georg Krohn, John Slater Yearly Election-Chair & Vice-Chair The meeting was brought to order by Tony Cannella to facilitate the process for nominations and election of Chair and Vice-Chair. Post election the meeting was chaired by Gord Lee. Elections for Chair & Vice-Chair of Committee According to the Committee's constitution 'the voting members shall review the position of Chairperson and Vice-chairperson in Januazy of each year. At the first meeting of the New Year the voting members shall elect from their number a Chairperson and Vice-chairperson to serve for the coming term. Election of Chairperson First nomination: David Reesor nominated Gord Lee as Chairperson; Kerry Meydam seconded. Second offer to nominate: No-one was nominated. Third offer to nominate: No-one was nominated. A count of hands showed that all were in favor of Gord Lee accepting to remain in the position of Chairperson, and Gord Lee accepted the position. Election of Vice-Chairperson First nomination: Adrian Foster nominated Kerry Meydam as Vice-chairperson; Elwood Ward seconded. Second offer to nominate: No-one was nominated. Third offer to nominate: No-one was nominated. A count of hands showed that all were in favor of the first nomination and Kerry Meydam accepted the position of Vice-chairperson, and Kerry Meydam accepted the position. 1.0 ADOPTION OF MINUTES-(November 19, 2009) The following motion was proposed: THAT: "The minutes of the November 19, 2009 meeting are approved with no changes." MOVED: by Elwood Ward; SECONDED by David Reesor CARRIED 2.0 ITEMS FOR INFORMATION 2.1 Road Watch News & Statistics-(Gord Lee) Road Watch has been moved to Trulls Road. There were six complaints submitted to the boxes. Two were dated from October and delivered January. Eleven Road Watch forms were received on-line with some licence plate numbers being incorrect. DRPS Statistics-(Constable Esther Rathwell) There was nothing to report. Traffic Watch should be deleted from the winter agenda. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Cou-mittee Mandate Tony Cannella discussed the focus of the Committee and stated that there haven't been a lot of traffic-related issues directed to the department. The timeline for decisions is sometimes an issue if a matter goes through Committee then Council. Some decisions require specialized levels of expertise. Tony gave examples of types of projects that the Committee could discuss conceptually. The Committee may review future reports and comments e.g. cycling plan. They could provide input on concepts of projects that aze community driven. Amanda Spencer outlined the Region's cycling plan. They do not yet have cycling lanes. Highway 2 is planned as the cycling route in Clarington. 3.2 King Avenue-Newcastle-(4.1 from Feb. 09 mtg.)-(Ron Baker)-Counts Traffic volume of 5000 vehicles were counted over an eight hour period in the vicinity of the library location. An independent pedestrian signal is not warranted as statistics aze approximately 100 pedestrians short over the eight hour period. There were very few children crossing and there is a crossing guazd in the a.m. at lunch and after school. 3.3 Action List and Outstanding Items (see attached) The Action List was reviewed and updated. 3.4 Request for Deaf Child Signs-(Ron Baker) The previously circulated report was summarized by Ron Baker. Elwood Wazd gave members a handout that he had written and which supported the installation of a variety of signs. Some discussion ensued. Legality of these signs was a question. Committee was asked to give this matter some consideration and support the request or provide alternatives at the next meeting. 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Letter from Resident. on Rhonda Blvd: Bowmanville Gord Lee received a letter from a resident on Rhonda Boulevard in Bowmanville. A three-way stop was requested. Ron will look into it and co-ordinate with Esther Rathwell in terms any speed issues. 4.2 Ideas from Committee for items of Interest Tony Cannella requested that the Committee submit items of interest to future Committee meetings. 4.3 Canadian Tire Parking Lot-Crossing tracks-Bowmanville People are apparently crossing railroad tracks behind the Canadian Tire Parking Lot and Esther Rathwell recommended that people call Durham Regional Police when this is observed. 4.4 Crosswalk at Strathaven Life Care Centre-Bowmanville The crossing time at the crosswalk at Strathaven is reported to be insufficient; Amanda Spencer will review this with the Region as well as the timing at the Roenigk Drive crossing and report back to the next Committee meeting. 4.5 Dr. G. J. McGillivray School-Courtice There is quite a bit of vehicle congestion and driver frustration at this school. Constable Rathwell requested that the Committee look at this issue for potential solutions. 4.6 Highway Traffic Act Esther confirmed some fines under the HTA have changed and she will bring a handout next meeting. 4.7 Committee Mandate This will be an action item next meeting. 4.8 Stevens Road at Hwy 57-Bowmanville Members expressed concern for congestion on Stevens Road at Hwy 57. Esther Rathwell suggested a `ho left turn" for east bound traffic. This has been referred to the Region. The intersection is designed for a future right-in-right-out configuration once the Brookhill Neighbourhood develops. 4.9 Durham Regional Police Services Update Esther Rathwell advised members of the following: • DRPS will be doing pedestrian enforcement blitzes. • Policing boundaries have changed. Courtice is covered under another division. • Scugog Township requested Clarington's mandate in the intent of organizing a similar Traffic Management Committee. • Lafarge has complained and Scugog has requested closure of Boundary Road east of Cochrane to west of Enfield. Scugog should contact municipal staff. • It was requested that the Committee not necessarily wait until next committee meeting if they see issues/violations. 5.0 NEXT MEETING DATE- February 18, 2010-7:00 P.M. Committee Room 1C-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADdOLJRNMENT MOVED by; Lisa Robinson THAT: "The meeting be adjourned at 9:00 p.m." Clarln n Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 1.2010 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, FEBRUARY 19, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND-005-10 2011 to 2014 Operating and Capital Forecast 2. CHANGE IN LEGAL SERVICES - 2010 BUDGET THAT Report CAO-002-10 be received; THAT the Chief Administrative Officer be authorized to implement in-house legal service in 2010 and to phase out the current legal service arrangement with Mr. Dennis Hefferon; THAT the Corporate Organization structure be amended to have Mr. Hefferon and the future staff solicitor report to the Chief Administrative Officer; THAT the costs related to the establishment of an in-house Legal Department be reallocated from various departmental legal accounts, and the projected saving of $150,000 be included in the 2010 budget; and THAT Mr. Hefferon be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'IC 3A6 < T 905-623-3379 t Report #1 - 2 - March 1, 2010 3. 2010 CURRENT AND CAPITAL BUDGET THAT Report FND-004-10 be received; THAT the 2010 Operating and Capital budgets as outlined in Schedule "A", at an estimated tax levy impact of 3.2% (exclusive of tax policy impacts), as directed in FND-004-10 be approved, with the following amendments; • THAT Revenue Increase Line Item #6, Operations Fees for Road Occupancy/Special Events Service ($20,000), be removed from the 2010 Budget • THAT Expense Increases Line Item #39, Winter Control, be amended from $121,000 to $81,000 • THAT Revenue Increases Line Item #10 (Contribution From Veridian Interest -One Time For Economic Conditions), be approved in the amount of $300,000 • THAT Expense Increases Line Item #48 (Contribution To Legal Reserve), be approved in the amount of $50,000 • THAT Revenue Losses Line Item #13 (Reduce Contribution from Rate Stabilization Reserve Fund), be approved in the amount of $199,000 THAT the items listed as optional items for consideration, as itemized in Schedule "B" to Report FND-004-10 be approved, with the following amendments; • .THAT the option for Line Item #1 (Clarington.net) not be exercised and therefore Clarington.net remain in the budget, as stated THAT the option for Line Item #2 (Community Grant Program) not be exercised and therefore the Community Grant Program remain in the budget, as stated • THAT the option for Line Item #3 (Increase Projected Building Permit Revenue) be approved in the budget, thereby increasing this amount by $50,000 • THAT the option for Line Item #4 (Employee Assistance Program) not be exercised and therefore the Employee Assistance Program remain in the budget, as stated • THAT Cost Increase Line Item #6 (1% Levy Increase Dedicated To Road Rehabilitation), be added to the budget, as stated THAT the grants for external agencies per their requests itemized in Schedule "C" to Report FND-004-10 including the budgets for Community Care Durham, Newcastle Community Hall and the Orono Cemetery, at an estimated tax levy impact of 0.21 % be approved; Report #1 - 3 - March 1, 2010 THAT Schedules "D", "E" and "F" to Report FND-004-10, outlining Reserve and Reserve Fund Contributions and new Reserves/Reserve Funds, be approved, with the following amendments; Schedule D: • THAT the contribution to Reserve Fund, Line Item #502, Industrial/Economic Development, be approved in the amount of $50,000 • THAT the contribution to Reserve Fund, Line Item #522 (Fire Equipment), be approved in the amount of $275,000 • THAT the contribution to Reserve Fund, Line Item #524 (Operations Equipment), be approved in the amount of $400,000 • THAT the contribution to Reserve Funds, Line Item #542 (Library Capital), be approved in the amount of $30,000 • THAT the contribution to Reserve Funds, Line Item #516 (Facilities/Parks Reserve Maintenance), be approved in the amount of $250,000 Schedule E: • THAT Expenditures in the amount of $190,500 from the Pits/Quarries Reserve Account identified on Line 2918 be increased by $100,000 to be used for the rural road rehabilitation program, including shoulder work; THAT approximately $700,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; THAT the Total Animal Services Revenue, Clerk's Department, page 32 of the current budget, be increased by $30,000 for a total of $153,600; THAT the financing of Capital projects, as outlined in the documents attached to Report FND-004-10 be approved; THAT the external agencies, referred to in Schedule "C" of Report FND-004-10 be advised of Council's decision regarding their grant request; THAT the corporate advertising policy which restricts advertisements to statutory notices be amended to include provision for required Municipal notices as determined by the Chief Administrative Officer; THAT the Mayor's Golf Tournament take place in 2010, at no cost to the tax base, with the net proceeds from the Mayor's Golf Tournament to be directed to the Visual Arts Centre for capital improvements; THAT the cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Program, Impact/Escrow Reserve Fund and General Municipal Reserve Fund, in equal proportions, to be repaid with interest as cash flow permits; Report #1 - 4 - March 1, 2010 THAT the unspent budget from the 2007 Capital budget for the Green Road grade separation be cancelled at this time, along with the. projected debt and that a report from staff be brought back at such time that appropriate negotiations have been undertaken with GO Transit; and THAT the appropriate By-laws to levy the 2010 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. 4. PUBLICATION OF CLARINGTON.NET THAT the next publication of "Clarington.net" be produced in-house, with a report to be submitted to Committee comparing the in-house production versus external production; and THAT Clarington This Week be advised of Council's decision. 5. DELEGATION OF JEAN MICHEL KOMARNICKI THAT Jean Michel Komarnicki`s delegation regarding the Mayor's Golf Tournament be received with thanks; THAT staff of the. Corporate Services and Community Services Departments be thanked for their past and future efforts with the Mayor's Golf Tournament; and THAT the Visual Arts Centre and staff be advised of Council's decision in this matter. 6. DELEGATION OF BILL STITCH THAT the delegation of Bill Stitch, regarding the historical signs at Bondhead, be received with thanks; and THAT that Mr. Stitch be advised of Council's decision. Clam `] ^~~~ ~ .^^/W~ n Energizing Ontario `J REPORT #2 REPORT TO COUNCIL MEETING OF MARCH 1, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, FEBRUARY 22, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-029-10 Annual Report on Site Plan Activity for 2009 (b) EGD-007-10 Monthly Report on Building Permit Activity for January, 2010 (c) ESD-003-10 Monthly Response Report -January, 2010 (d) CSD-001-10 Community Services - 2009 Year End Review (e) CLD-006-10 Compliance Audit Costs (f) FND-006-10 Financial Update as at December 31, 2009 2. REVISED APPLICATIONS FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A MIXED RESIDENTIAL DEVELOPMENT IN PORT DARLINGTON APPLICANT: PORT DARLINGTON LAND CORPORATION THAT Report PSD-023-10 be received; THAT the revised applications to amend the Clarington Official Plan. (COPA 2002/006) and Zoning By-law 84-63 (ZBA 2002-002) and for a proposed Draft Plan of Subdivision (S-C-2002-002) continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting; and THAT all interested parties listed in Report PSD-023-10 and any delegations be advised of Council's decision. CORPORATION OFTHE MUNICIPALITY OF'CLA R7NGTON. 40 TEMPF_RANCE STREET, BOWMANVILL£;.ONTARIO`. L1C 3A6 T 905-623 3379- Report #2 - 2 - March 1, 2010 3. PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 355 RESIDENTIAL UNITS APPLICANT: 821012 & 821013 ONTARIO LTD. (WILLIAM TONNO CONSTRUCTION LTD.) THAT Report PSD-024-10 be received; THAT the application for proposed Plan of Subdivision 18T-95027 and Zoning By-law Amendment DEV 95-012, submitted by 821012 & 821013 Ontario Ltd., continue to be processed including consideration of comments received at the public meeting; and THAT all interested. parties listed in Report PSD-024-10 and any delegation be advised of Council's decision. 4. PROPOSED OFFICIAL PLAN AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL SYMBOLS, AND CHANGE HOUSING AND POPULATION TARGETS IN THE FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON, AND GARTHWOOD HOMES LIMITED THAT Report PSD-025-10 be received; THAT the Clarington Official Plan Amendment application submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited, continue to be processed including the preparation of a further report; and THAT the Durham Region Planning Department and all interested parties listed in Report PSD-025-10 and any delegations be advised of Council's decision. 5. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN, IMPLEMENTATION- COMMUNITY LIAISON GROUP THAT Report PSD-026-10 be received; THAT the Terms of Reference for the Bowmanville Community Improvement Plan Community Liaison Group be accepted and that Councillor Hooper be appointed as the Council liaison; and THAT all interested parties listed in Report PSD-026-10 and any delegations be advised of Council's decision. Report #2 - 3 - March 1, 2010 6. APPLICATION FOR REMOVAL OF HOLDING 195 BONS AVENUE, BOWMANVILLE APPLICANT: KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD Resolution #GPA-120-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-028-10 be received; THAT the application submitted by Kawartha Pine Ridge District School Board to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-028-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-028-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 7. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1317870 ONTARIO LTD. & 1317871 ONTARIO LTD. THAT Report PSD-030-10 be received; THAT the application submitted by 1317870 Ontario Ltd. and 1317871 Ontario Ltd. to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-030-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-030-10 and any delegations be advised of Council's decision. 8. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL .HERITAGE VALUE OR INTEREST, NEWCASTLE VILLAGE FOUR CORNERS THAT Report PSD-031-10 be received; THAT the properties identified as 15 King Avenue West, 4 and 10 King Avenue East, be added to the Municipal Register of properties of cultural heritage value or interest; and THAT all interested parties listed in Report PSD-031-10 and any delegation be advised of Council's direction. Report #2 - 4 - March 1, 2010 9. EXTERIOR SIGNAGE ON MUNICIPAL PROPERTY POLICY THAT Report PSD-032-10 be received; THAT the Exterior Signage on Municipal Property Policy (Attachment 1 to Report PSD-032-10) be approved and come into effect immediately; should modifications be necessary to address unforeseen implementation issues, the Chief Administrative Officer is authorized to make amendments; and THAT all interested parties listed in Report PSD-032-10 and any delegations be advised of Council's decision. 10. COURTICE TRUNK SANITARY SEWER- MUNICIPALITY OF CLARINGTON CONCERNS THAT the Report EGD-008-10 be received; THAT the recommendations contained within Report EGD-008-10 be endorsed; and THAT a copy of Report EGD-008-10 be forwarded to the Commissioner of Works, Region of Durham. 11. BALLOT QUESTION, RE: ELECTION OF REGIONAL CHAIR THAT Report CLD-005-10 be received; THAT the following question be placed on the 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote.; and THAT Council's decision be forwarded to all municipalities within the Regional Municipality of Durham. 12. 4~" QUARTER PARKING REPORT THAT Report CLD-007-10 be received; and THAT a copy of Report CLD-007-10 be forwarded to the Bowmanville Business Centre for their information. Report #2 - 5 - March 1, 2010 13. .PUBLIC SECTOR SALARY DISCLOSURE ACT THAT Report COD-004-10 be received; and THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees were paid a salary of $100,000 or more (as defined in the Act), for the year 2009. 14. JOHN HOWARD SOCIETY- LEASE EXTENSION COMMUNITY LIVING OSHAWA/CLARINGTON -LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE THAT Report COD-005-10 be received; THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,099.08 per year for the term of January 1, 2010 to December 31, 2010 be approved; THAT the Lease Extension from the Community Living Oshawa/Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,099.08 per year for the term of January 1, 2010 to December 31, 2010 be approved; THAT the By-laws attached to COD-005-10, marked Schedule "A" and "B" authorizing the Mayor and the Clerk to execute the lease agreements with the John Howard Society and Community Living Oshawa/Clarington, be forwarded to Council for approval; THAT staff be authorized to continue with discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations; and THAT staff report on the results of the discussions with the John Howard Society and Community Living Oshawa/Clarington and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. Report #2 - 6 - March 1, 2010 15. USE OF CREDIT CARDS FOR PAYING ADVERTISING & SPONSORSHIP FEES THAT Report COD-006-10 be received; THAT an exemption to the restricted use of credit cards be allowed, to permit credit card use as a method of paying for advertising and sponsorship costs upfront; and THAT, if it is permissible by legislation, staff be authorized to impose a "per transaction" fee for credit card use that is consistent with other existing transaction fees and reduces the impact of accepting credit cards. 16. PORT GRANBY FUNDS THAT the Finance Department be directed to prepare a report with recommendations as to the disposition of the $10 million Port Granby Funds. 17. RICHARD WARD, REGARDING ZONING OF 3709 REGIONAL ROAD 9 REPORT ON PROPERTY STANDARDS SITUATION THAT the delegation of Richard Ward regarding zoning of 3709 Regional Road 9 and a property standards situation be received with thanks. 18. MARK SZENTECZKI, REGARDING THE DURHAM REGION ENVIRONMENTAL ACHIEVEMENT AWARDS THAT the delegation of Mark Szenteczki regarding the Durham Region Environmental Achievement Awards be received with thanks; and THAT Mark Szenteczki be congratulated on his work in bringing the information regarding the Durham Region Environmental Achievement Awards to his fellow students. 19. HOST COMMUNITY AGREEMENT REGARDING THE ENERGY FROM WASTE PROJECT THAT the Municipal Solicitor report to Council regarding the Host Community Agreement for the Energy from Waste Project and whether there are any legal concerns. SUMMARY OF BY-LAWS March 1, 2010 BY-LAWS 2010-018 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kawartha Pine Ridge District School Board) (Item 6 of Report #2) 2010-019 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1317870 Ontario Ltd. & 1317871 Ontario Ltd.) (Item 7 of Report #2) 2010-020 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON. (Item 14 of Report #2) 2010-021 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Community Living, Oshawa/Clarington, Oshawa, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON. (Item 14 of Report #2) Clar~gton Leading the way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: February 26, 2010 Subject:. COUNCIL AGENDA -MARCH 1, 2010 '10FEB2t3 Pn 4~32~13 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Receive for Information I - 23 Linda Gasser writing to Durham Regional Councillors advising that a draft Host Community Agreement (HCA) regarding the Energy-From-Waste project was not presented to Clarington Council for review prior to the Agreement being executed and that there was no public consultation with Clarington residents as to what should be considered in the Agreement; expressing concern that Clarington's Chief Administrative Officer may have opted to override comments from the Municipal Solicitor, questioning why the HCA was signed in advance of the decision on the Environmental Assessment and prior to knowing what conditions of EA approval might be imposed; and, urging Regional Councillors to request a status update on current negotiations regarding along-term contract with Covanta and to provide clear direction to staff to ensure that a draft contract with Covanta is reviewed by Council prior to execution. I - 24 The Honourable David C. Onley, Lieutenant Governor of Ontario, extending an invitation to Council to consider nominating an exceptional individual for the Order of Ontario, Ontario's highest honour, recognizing individuals for their extraordinary achievements that have had an impact on their local community, province, country and beyond. The deadline for nominations is March 16, 2010. CORPORATION OF THE OF CLARINGTON tSVWMANVILLt, UN IAKIU L1G 3A6 T CLERK'S DEPARTMENT MEMO PAGE 2 I - 25 Darlene Bastianelli, Memorial Hospital Foundation, thanking Council for the proposed motion to invest $500,000 in the Memorial Hospital Foundation fund raising initiatives. Receive for Direction D - 14 Grant Algar requesting an extension until July 30, 2010, to Building Permit No. 08.0509 for 4327 Fices Road, due to reliability of various trades. (Motion to approve extension for the use of temporary living quarters at 4327 Fices Road until July 30, 2010, subject to signing a further letter of undertaking) NOTE: A memo relating to this matter, from Faye Langmaid, has been circulated to members of Council D - 18 Andrew Massey, Secretary, Mosport International Karting Association, requesting that the following roads be closed Friday, June 4, 2010 at 7:00 p.m. until Sunday, June 6, 2010 at 7:00 p.m.: Uptown Avenue, Clarington Blvd (north of Uptown) and Stevens Road (east of Clarington Blvd and west of Regional Road 57). The municipal lot on the northeast corner of Upton Ave and Clarington Blvd is requested to be used as well. (Motion to approve, provided that the organization applies for and obtains a Road Occupancy Permit from the Engineering Services Department) f 1 Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS March 1, 2010 a) Greg Milosh -Value of an Integrity Commissioner (Item 1 of Business Arising from Notice of Motion) b) Linda Gasser -Host Community Agreement (Item 19 of Report #2) c) Louis Bertrand -Host Community Agreement (Item 19 of Report #2) d) Terry Dorgan, IBEW Local 894 -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) e) Rosemary Yeremian, President, Strategic Insights Inc. -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) f) Richard Ward -Integrity Commissioner (Item 1 of Business Arising from Notice of Motion) g) Richard Ward -Report CLD-006-10 -Compliance Audit Costs (Item 1(e) of Report #2) h) Doug Lindeblom, Director of Economic Development and Tourism for the Region of Durham -Support for Local Investment in Nuclear Power (Correspondence Item I - 19) HANDOUTS/CIRCULATIONS COUNCIL L C~ L ~ 0 ~ ~ a O ~ ~ Q o ~ a~ C~ ~ o CV . 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N cam ti c~ ~ ~ ~. ~ ~ ..~ ~ p , ~ ~ ~ N '~. ~ ~ °~ . ~ '~ O N ~ ~ ~ o ~ ~' ~ ~ ~ ~ ~ ~ C o ~ ~ ~ ~ 3 .~ ~, ~ .o i~.i >' ~ C ~ ° ~ ~ O ~ b v~ '~ p., ..~ ~ ~ ~ ~ ` ~ " ~ ~ 3 ~ ~ ~ o o -- ~ ~ ~ ~ ~ Q, ~ ~ ~ ~ ~ -p ~ 0 ~ ~ i-r ~ ~ ~ ~ ~ ~ o Cd ~ ~ o~ pVj ~ ~ ~ . ~ ~ ~ ~ y ~ ~ c~ ~" ~ N ~ ~" ~ ~ ~ o ~ QI U O U ~ w O U ~ ~ Q, _ F-' / ~ ~ L~ ~ V1 O U ti O '~ O ~ N ~ ~ i ~ ~ U .~ O O ~ ~ ~ ~ N ~ ? ~ N w ~~`v~°o b4 b '" O ~ '~' Oy b '~ ~l U 6q O ~ v ~ ~ ~ ~ o, o ~ ~ ~ o o ~e,~ .~ ~ ~~ o ~ ~ o o ~ ° ~ ~ N ~ ~ ~ ~ ~ ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ N ~ ~ ~ ~ U ~ O ~ o ~ ~ ~ N ~ ~ ~ ~ ~ ~ . ~ ~~ ~ ~ ~ ~ ~'~ ~ ~ ~ ~ ~ ~O~cU i i i U 'r N M ~ w w w )~ L r~ V L 0 Q W ~~ {~ ^O W U_ O ^O W U L O n~ nW 1..~ U t~ O O O O f` O ~ M r- O N O Ef} E~} O ~ O O N O N 00 ~ N ~ p v J I` ~ O O ~' O N ~ ~ ~ ~ } E~} ff O ~ ltd O O +~ N O N ~ O O _ ~/ O ~ R `V ~i--+ r , ~ z ~ ~ ~ m ~ ~ ~ ~ ~ ~ C Q O O N Q O U U ~ c O V C 3 d .~ a~ L L L Q s L O 0 0 O O O r O N a~ L Q ~..r w r d 0 z C6 O O ~--~ U (~ 0 U +-r C~ ~~ 0 ._ ~~ o~ Cn = U ~ ~ > ~ c~ ~ ~ ~ ~ ~ ~ ~' z ~ a~ ~ ~ ~ ~ ~ ~ ~ }, cn ~ O , ~ o ~ O ~ c~ ~ L 0 ~ ~ ~ U ~ ~ ~ ~ Q U ~ 0 `~ ~