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HomeMy WebLinkAbout06/14/2010• arm n Energizing Ontario DATE: MONDAY, JUNE 14, 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 May 31, 2010 PRESENTATIONS a) Dana Baars, Lieutenant-Commander, CFRB Hamilton -Canadian Navy's 100'h Anniversary b) Lou DeVuono -Heroes Highway Ride c) Gord Lee - Senior of the Year Award DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Living Green Community Advisory Committee dated April 27, 2010 I - 2 Minutes of the Clarington Accessibility Advisory Committee dated June 2, 2010 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 13, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - June 14, 2010 I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated May 20, 2010 I - 5 John R. O'Toole, MPP, Durham - Impact on Property Values of Green Initiative Renovations I - 6 Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation (MPAC) -Settlement with Ontario Public Service Employees Union (OPSEU) Ratified I - 7 George Rankin, Environmental Office Administrator, Buckham Transport Ltd. - Household Hazardous Waste (HHW) 2010 Events I - 8 Land Use Council (LUC) -Committee on Status of Species at Risk in Ontario (COSSARO) I - 9 Jim Hunt, Chair, Source Protection Committee and Glenda J. Rodgers, Project Manager, Source Protection Planning, Trent Conservation Coalition Source Protection Region -Draft Proposed Assessment Reports I - 10 Melissa Thomson, Director, Housing Policy Branch, Ministry of Municipal Affairs and Housing -Automatic Rent Reduction I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham - 211 Service in Durham Region I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Regional Tree By-law -Extension of Administration and Enforcement Consulting Agreement with Kestrel Forestry Consulting I - 13 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment - 407 East Environmental Assessment - Notice of Approval to Proceed With the Undertaking I - 14 Ministry of Consumer Services -Alcohol and Gaming Commission of Ontario's (AGCO) -Extended Bar Hours During 2010 FIFA World Cup I - 15 Clifford Curtis, Commissioner of Works, Region of Durham -Class Environmental Assessment for the Courtice Trunk Sanitary Sewer Receive for Direction D - 1 Sheila Hall, President-Elect, Rotary Club of Courtice -Annual Canada Day Fireworks Celebration D - 2 Confidential Correspondence -Personnel Matter Council Agenda - 3 - June 14, 2010 D - 3 Randy Cowan, Director, Orono Fair Committee -Durham Central Fair D - 4 Nancy Campbell - Bloor/Roswell/Meadowglade Intersection D - 5 Lisa Roy, Event Organizer, Orono Mini Walk of Hope -Mini Walk of Hope for Ovarian Cancer in Canada D - 6 Gayla McDonald, Clerk/Manager of Administration and Economic Development, Town of New Tecumseth -Harmonized Goods and Services Tax D - 7 John Bolognone, Acting City Clerk, City of Kingston -Payments in Lieu of Taxes D - 8 Susan Daniels, City Clerk, City of Thorold -Proposed Amendments to Leaded Gasoline Regulations D - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Draft Proposed Assessment Report: Central Lake Ontario Source Protection Area D - 10 John Bolognone, Acting City Clerk, City of Kingston -Declaration of Parallel Transit as Essential Service D - 11 Cameron Ackerblade -Rotary International -100"' Anniversary in Canada COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of June 7, 2010 STAFF REPORT(S) 1. Report COD-035-10 Tender No. CI2009-41, Fuel Tank Requirements at Various Locations -Soil Remediation BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ~r~• l/.LJ_I_l it Lending the Way Council Meeting Minutes May 31, 2010 Minutes of a regular meeting of Council held on May 31, 2010 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. Prior to the start of the meeting, a moment of silence was observed to acknowledge Fallen Canadian Soldiers, Trooper Larry Rudd, Colonel Geoff Parker, Private Kevin Thomas McKay, Petty Officer Second Class Craig Blake, Private Tyler William Todd, Corporal Joshua Caleb Baker, and Corporal James Fitzpatrick, who lost their lives in the line of duty in Afghanistan since February, 20.10. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath Deputy Treasurer, L. Gordon Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Franklin Wu, Chief Administrative Officer, stated it was his honour and pleasure to introduced Andy Allison, Solicitor, the newest member of Clarington's Senior Management Team. Mr. Wu highlighted Mr. Allison's previous legal experience in both the public and the private sectors and advised that Mr. Allison is looking forward to future challenges as he commences his role as Clarington's Municipal Solicitor. Council Meeting Minutes - 2 - May 31, 2010 Mayor Abernethy, on behalf of Council, also welcomed Mr. Allison to the Municipality. Councillor Novak announced that she had attended the following events: • The Mr./Ms. Community Living Oshawa/Clarington Comedy Auction, on May 18, 2010 • The Bethesda House Dinner and Auction • The Official Opening of Shoeless Joe's in Courtice on May 19, 2010 • Archibald Orchard's Simply Social Event • The Heart and Stroke Wrap-Up Event where Nancy McMaster was honoured for 30 years of Service • The Purina Walk for Dog Guides She also represented the Municipality at the White Cliffe Retirement Residence indicating that White Cliffe had received the highest award of excellence for service from the ORCA. She also expressed appreciation to the Courtice Lions Club on the opening of the Millennium Trail in north Courtice. Councillor Hooper announced the following: • He assisted with the Fire House Youth Centre's "Battle of the Bands" on May 28, 2010. • On May 30, 2010, he, along with Councillor Woo, represented the Municipality at the 172 Clarington Royal Canadian Air Cadet Squadron's 5th Annual Review. • On June 5, 2010, the Heroes Highway Ride Event will take place with 3,000 motorcyclists entering downtown Bowmanville for a Show and Shine from 12:00 noon until 5:00 p.m. Councillor Foster announced the following: • The Courtice Lions Club Walk for Dog Guides was held on Saturday, May 29, 2010. Councillor Foster presented Councillor Novak with a plaque from the Courtice Lions Club for attending the event. • The Official Opening of the Millennium Trail and new sign unveiling was held on Friday, May 28, 2010. Councillor Foster expressed appreciation to staff. • On May 13, 2010, The Rotary Club of Courtice hosted the 1st Annual Clarington Youth and Community Leadership Dinner. • Councillor Foster congratulated Metroland Reporter Jennifer O'Meara for being awarded Ontario Community Newspaper Association's Reporter of the Year. • There will be aribbon-cutting ceremony for the new Moda it Salon, in Courtice on Sunday, June 6, 2010, at 11:30 a.m. Council Meeting Minutes - 3 - May 31, 2010 Councillor Robinson announced the following: • On May 29, 2010, Members of Council attended the official opening of the Agri- Tourism expansion at Bloomfield Farms in Newcastle and a fundraising event in support of Big Brothers and Big Sisters of Clarington which was held in conjunction with the opening. • On May 30, 2010, he attended the 279 Bowmanville Royal Canadian Sea Cadet's 29th Annual Review Councillor Woo announced the following: • On May 26, 2010, he, along with Councillor Hooper, attended the Association of Hospital Volunteers - Bowmanville's Salad Luncheon and Fashion Show. He noted the Association has been an important and integral part of Lakeridge Health Bowmanville for over 98 years and the members' fundraising efforts help to provide financial support to purchase essential equipment for the hospital. • The Heroes Highway Ride takes place on Saturday, June 5, 2010, in downtown Bowmanville. • Doors Open Clarington will take place on Sunday, June 6, 2010, providing an opportunity for visitors to discover first-hand Clarington's hidden heritage treasures. • On June 5 and 6, 2010, at 2:00 p.m., Trails Open Ontario will be hosting a hike through the Samuel Wilmot Nature Area. • The 8th Annual Alfie Shrubb 8k Classic takes place on June 6, 2010. Mayor Abernethy announced that the 7th Annual Orono Bluegrass Festival held May 28, 29 and 30, 2010, was the most successful festival to date. Resolution #C-217-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on May 10, 2010, be approved. "CARRIED" PRESENTATIONS Stu Seedhouse, Senior Vice President, Darlington Nuclear addressed Council to present Ontario Power Generation's (OPG) Annual Operational Update and expressed appreciation to Council for providing him with the opportunity to speak about performance at Darlington. Mr. Seedhouse introduced Sandy Stock, Director of Engineering, and Vanessa Hughes, Public Affairs Manager, who were also in attendance at the meeting. Through use of a PowerPoint presentation, Mr. Seedhouse provided a brief update on OPG's 2009 performance and a snapshot of what's happening in 2010. Council Meeting Minutes - 4 - May 31, 2010 Mr. Seedhouse reviewed OPG's Nuclear Vision to achieve sustained performance in the top quartile of the world's nuclear facilities, striving to become the best in the world and indicated that providing safe, reliable, cost-effective generation, operating in an open and environmentally-responsible manner is what OPG does. Mr. Seedhouse stated that public and employee safety is OPG's top priority, noting the company has surpassed 7 million hours without alost-time injury and has been awarded the Electrical and Utilities Safety Association Gold Award, which no other utility has achieved. He stated that OPG is proud of its ongoing commitment to the environment through its certification to ISO 14001 Environmental Management System standards, Wildlife Habitat Council certification and receipt of the "CEO" Conservation, Education, Outreach Award, noting that community programming and partnerships support environmental education initiatives and are key factors in OPG's receipt of various awards. Mr. Seedhouse confirmed OPG's commitment to the community, advising that employees are active in the local community, contributing both monetarily and by donating their time and skills and that in 2009, the Corporate Citizenship Program supported 110 local charities, community groups and events and donated over $250,000 to charitable causes. Mr. Seedhouse stated Darlington Station's operating focus is to be reliable, to operate when they say they will and to keep the plant reliable and operating safely by regular maintenance. He provided a review of the Vacuum Building Outage and highlighted the results of a peer review from the. World Association of Nuclear Operators validating that the operations of the Darlington Nuclear Station are meeting world standards and continue to improve. Mr. Seedhouse provided an overview of items OPG is focusing on for 2010. He discussed the Darlington Water Release indicating that an intrusive in-depth review of procedures in three areas was undertaken resulting in a number of actions being put into place. Mr. Seedhouse advised that the Darlington New Nuclear Environmental Assessment is continuing and there are a number of activities underway this fall. He further discussed the 250,000 square foot building to be constructed in the Clarington Energy Park indicating that the Information Centre would be moving to that location. Mr. Seedhouse summarized plans for the Darlington Refurbishment announced in April, and highlighted phases of refurbishment which will extend operations to 2050. DELEGATIONS Bob Kreasul addressed Council concerning Unfinished Business #1 -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek. Mr. Kreasul stated that the issue of dredging has been discussed in detail and felt it was now time to make a decision. Mr. Kreasul stated the issue at hand is one of the Municipality paying its fair share for access to the marina. He noted the harbour generates $3 million in direct revenue from charter boats, over $1 million in non-resident fishing licences and is an asset to the tourism industry, with over 200,000 visitors using the facilities. He advised the estimated cost to dredge the channel from the boat launch ramp to the lake and dumping the silt is $40,000, and that businesses based at the harbour have contributed well over $1 million to the Municipality. Mr. Kreasul urged Council, on behalf of Clarington residents who maintain boats, to help with the dredging and to welcome visitors to the community. Council Meeting Minutes - 5 - May 31, 2010 Linda Gasser addressed Council concerning Staff Report # 1 -Report PSD-067-10 - Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128. Ms. Gasser stated that due to imposed time constraints, she would focus her comments on the living area expansion east of Courtice Road, South of Highway 2 and the suitability of any living area expansions in Courtice Air Quality "hot spot". Ms. Gasser stated the Ministry has recommended deletion of the proposed Employment Area in the area of the proposed 407-Link and stated whether it's the Province or the Region that does not accept the need for the 407 Link Employment Area, Clarington's planning rationale should remain consistent noting without the 407-Link employment area, it would further skew Clarington's dismal jobs-to-population ratio, and Council should not support this Living Area east of Courtice Road, South of Highway 2. Ms. Gasser indicated that air pollution from the proposed Highway 407 link and future expansion of the 401 will add significantly to Courtice's already burdened air shed. She noted that the Environmental Assessment study for Durham's proposed incinerator has provided much data about Courtice's ambient air quality and about the significant sources of air pollution -existing and proposed - to that part of Clarington. Ms. Gasser expressed concern that Courtice already has the highest level of Nitrogen Dioxide when compared to several southern Ontario communities including Hamilton and Sarnia and that particulate matter emissions are already just under the Canada Wide Standard, and exceed levels for ozone. She also felt that rather than attracting prestige employment as originally envisioned, if the incinerator is approved, the Energy Park may only attract similar polluting heavy industry which may result in reduced municipal property taxes, revenues from the Energy Park over the longer term and that Members of Council who supported the incinerator will have succeeded in making Courtice an even bigger air pollution hot spot than it already is, without also improving Clarington's employment numbers or revenue. Ms. Gasser believes that if you don't build the employment area, then you don't need the living area. Libby Racansky addressed Council concerning Staff Report # 1 -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128. Ms. Racansky indicated that she would be concentrating her comments on the deletion of the Special Study Area and its logical substitute -extension of the urban boundary in Courtice South. Ms. Racansky stated she cannot understand the rationale for developing sensitive areas of Courtice north, draining the marshes, clearing the magnificent forested swamps and killing of the wildlife that reside there and stated if Council will not delete the Special Study Area, then even Courtice south urban boundary should be deleted. Ms. Racansky indicated that according to the Report PSD-067-10 Clarington staff indicate they are not opposed to the recommendation to exclude the Special Study Areas, but claim that landowners were not notified of the change and landowners are preparing some kind of background studies. Ms. Racansky feels there were plenty of opportunities during the OPA 128 Public Meetings to express their wishes and that many citizens requested the deletion but were not understood by the Region, only by the Province. Council Meeting Minutes - 6 - May 31, 2010 Ms. Racansky feels that the Special Study Area is the last area that is protecting spawning grounds in Farewell Creek and to develop the Special Study area would not be a sustainable process, according to the growth plan. She feels that much has been lost already and that Council has the opportunity to rectify inappropriate development of the groundwater recharge area and can delete the Special Study from the urban boundary to make Courtice a safer community and to ease the burden of staff who must think of special ways to develop this approved suffering area. COMMUNICATIONS Resolution #C-218-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 8 and I - 14. "CARRIED" I - 1 Minutes of the Living Green Community Advisory Committee dated November 24, 2009 and March 23, 2010 I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 15, 2010 I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 5, 2010 I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 16, 2010 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 11, 2010 I - 6 Minutes of the Task Force for Attracting Higher Education Facilities dated May 6, 2010 I - 7 Minutes of the Central Lake Ontario Conservation Authority dated May 18, 2010 I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Energy and Infrastructure, and the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on May 12, 2010, Regional Council endorsed Council's resolution of April 12, 2010, requesting the Province to grant an extension of the June 16, 2010, deadline to June 10, 2011, to amend the Clarington Official Plan to conform with the Growth Plan. Council Meeting Minutes - 7 - May 31, 2010 I - 10 Leesa Yenning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, writing on behalf of the Making Connections Clarington Resource Centre, the Advisory Committee, volunteers and staff, expressing appreciation to Council for their support and approval of a Municipal Grant in the amount of $1,000. I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding CLOCA's 2010 budget as approved by the Board of Directors on April 20, 2010. I - 12 Clifford Curtis, P.Eng., Commissioner of Works, Region of Durham, responding to Council's correspondence of May 10, 2010, requesting the Region to reprioritize their Capital Works project to include the total reconstruction of Liberty Street rather than interim surface condition improvements; indicating that there is no opportunity to advance the reconstruction to this year's construction season and that the Region will examine the priority for the Liberty Street reconstruction as part of their 2011 Road Servicing and Financing Study; and, advising that the Region will be proceeding with improvements to the surface of Liberty Street as an interim measure. I - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising that on April 21, 2010, Regional Council adopted By-law 20-2010, being a by-law to submit a question to the electors in all lower-tier municipalities in the Regional Municipality of Durham at the next regular municipal election to be held on October, 25, 2010; attaching a copy of By-law 20-2010; and, indicating one appeal has been received and will be forwarded to the Chief Electoral Officer by June 3, 2010. I - 15 Glenna Carr, Chair of the Board, Atomic Energy of Canada Limited (AECL), expressing appreciation to Mayor Abernethy, on behalf of the members of the Science, Technology and Nuclear Oversight Committee of AECL's Board of Directors, for meeting with them and sharing the Municipality's perspective on the history and recent developments in the area, including Port Granby, and how these important projects are unfolding in the two areas affected. I - 8 Minutes of the Clarington Agricultural Advisory Committee dated April 8, 2010 Council Meeting Minutes - 8 - May 31, 2010 Resolution #C-219-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Minutes of the Clarington Agricultural Advisory Committee dated April 8, 2010, be received for information. "CARRIED" I - 14 Jim Chan, Project Manager, Canadian Environmental Assessment Agency, advising $25,000 is available under the Agency's Participation Funding Program to assist groups or individuals (i.e. non-municipal) in participating in the Federal Environmental Assessment of the proposed Highway 407 East Transportation Corridor Project. The Participant Funding Program Guide, the application form and the contribution agreement are available on the Agency's Web site at www.ceaa-acee.gc.ca. Applications received by June 23, 2010, will be considered. Resolution #C-220-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 14 be referred to the Municipal Clerk to place information on the Municipal website. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 14, D - 15, D - 16 and D - 17 were received as hand outs. Resolution #C-221-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 9 and hand out Correspondence Items D - 14 to D - 17 be approved as per the agenda. Council Meeting Minutes - 9 - May 31, 2010 D - 1 Tracylynn Hu, Program Coordinator, Heart & Stroke Foundation - Durham Region, requesting permission to hold their annual Heart and Stroke Big Bike Fundraising Event on Tuesday, June 22, 2010, from the host site at Kelsey's Restaurant; enclosing the route map; and, advising they will provide proof of insurance and will apply for a road occupancy permit following Council approval. (Approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Mark Cousins, Chair, Ontario Family Fishing Weekend Steering Committee, advising the annual Ontario Family Fishing Weekend has now become anine-day event to run from Saturday, July 3 through to Sunday, July 11, 2010, as a licence-free fishing week; indicating the event will include fish festivals, clinics, or conservation and educational activities that may be held in the area; and, requesting that July 3 to July 11, 2010, be proclaimed "Ontario Family Fishing Week". (Proclaimed) D - 3 Derrick Mckay, Race Director, Courtice Kids Multisport Series, advising that the "Courtice Kids of Steel Triathlon" is planned for Sunday, August 22, 2010; requesting permission for road closure status on Nash Road and Green Road from 9:00 a.m. to 11:30 a.m.; indicating they will be providing insurance coverage of up to $5 million; and, that appropriate road closure permits for Courtice Road will be obtained from the Region of Durham. (Approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Newcastle Business Improvement Area requesting the closure of Church Street from King Avenue to Emily Street on June 26, 2010, from 9:00 a.m. until 4:00 p.m. for the celebration of "Canada Then and Now". (Approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 10 - May 31, 2010 D - 5 Hanna Huxter, expressing concern with the condition of railway fencing along Waverly Road that is permitting teenagers to trespass on the rail line; and, requesting that repair of the fencing be addressed to avoid potential injuries or fatalities. (Correspondence referred to the Director of Engineering Services) D - 6 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors, advising nominations are being accepted for the annual Senior Achievement Awards, awards highlighting the significant voluntary and professional achievements made by individuals after they have reached the age of 65; and, encouraging Council to participate in the 2010 Senior Achievement Award Program by nominating a deserving senior. Nomination forms for The Senior Achievement Award Program are available at www.ontario.ca/honoursandawards and are due by June 15, 2010. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 7 Rev. Paul Massel, Pastor, St. Joseph's Parish, requesting an exemption from the noise by-law and permission to close Parkway Crescent beginning at Liberty Street from 10:00 a.m. until 3:00 p.m. on Sunday, June 20, 2010, to hold a parish mass and picnic. (Exemption to the curfew requirements contained in Clarington Noise By-law 2007-071 to St. Joseph's Parish be approved; and, that the road closure be approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.citizenship.gov.on.ca/ or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 20010. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 11 - May 31, 2010 D - 9 Linda Duffie, Lions Club of Bowmanville, requesting permission to hold the 15th Annual Duck Derby on June 19, 2010, from 9:30 a.m. until 2:00 p.m. This year the event will not require Clarington Works front-end loader or the police and proof of insurance has been delivered to Ron Baker, Engineering Services Department. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 14 Harvey and S. Ostrander, respectfully suggesting that the Municipality of Clarington participate in the Newcastle Bond Head channel in the area of the public boat launch for the benefit of both residents and visitors alike; advising that the municipally-owned parkette, public boat launch and pier are used regularly and increasingly at Newcastle Bond Head by individuals of all ages and abilities; suggesting that it would seem reasonable that the Municipality contribute to the costs of maintaining the area both on shore and in channel to support the recreational pastimes of its residents and to foster the economic spinoff for the development and business community by ensuring visitors from the lake have safe and convenient access to the community; advising that currently there is nowhere for a boat to get safely off the lake between Oshawa and Cobourg, other than Newcastle; and, submitting that waterfront assets are every bit as deserving of the municipality's financial support as any other recreational pursuit such as arenas, baseball diamonds or community pools and that Lake Ontario, Bond Head, the pier, the boat launch and the channel also make Clarington the wonderful place that it is. (Advised of action taken regarding Unfinished Business #1 -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek) Council Meeting Minutes - 12 - May 31, 2010 D - 15 Chris Clements, expressing concern that the Kaitlin Group has raised docking fees at the Newcastle Harbour for certain owners of boats that draw more than 5 feet in depth; that as a private enterprise/business, he does not feel that Kaitlin should be entitled to government funding or that the residents of Clarington would benefit by this; indicating that there is a public boat launch on the other side of the channel which can only handle small boats that only require three feet of water and would not require dredging; and, suggesting that it appears that Kaitlin only wants Kaitlin homeowners to use the harbour as residents who purchased homes from Kaitlin, did not have to pay the surcharge. (Advised of action taken regarding Unfinished Business #1 -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek) D - 16 Bill Harford, requesting that the Municipality provide assistance in the matter of dredging out the Bowmanville Creek and harbour entrance; advising that Port Darlington has been known not only as a destination for boaters but also a harbour to escape of out stormy Lake Ontario but currently the entrance is badly silted and is a danger; indicating that in previous years the Federal government dredged it out ,improved the east break wall and have maintained a navigation light at the end of the west break wall; suggesting that the Municipality investigate potential opportunities for Provincial and Federal funding as the harbour is a tourist attraction that brings revenue and visitors to Clarington; and, requesting Council's support of the project and the establishment of an ongoing program to ensure the harbour and creek up to the public launch site remains safe and navigatible for small craft. Mr. Harford also feels it would be in the Municipality's interest to assist in Newcastle as well. (Advised of action taken regarding Unfinished Business #1 -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek) D - 17 Kerry Meydam forwarding comments on Report PSD-067-10 - Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 advising that she has no problem with the recommendation to include additional employment lands in south Courtice; however, she is in complete agreement with the Province in their draft decision to remove the Special Study Areas 3 and 4 (the "finger" in North Courtice) from the Regional Official Plan; requesting that Council consider that Planning Services staff have consistently opposed the inclusion of Special Study Areas 3 & 4 in Courtice within the expanded urban boundary; indicating that there are no services Council Meeting Minutes - 13 - May 31, 2010 in the special study areas and suggesting that efforts be concentrated on expanding services to the areas south of Highway #2 to include both residential and employment lands as those areas are more easily serviced, close to Highway #2, Highway 401 and the Highway 407 link; and, urged Council to stop the sprawl into sensitive areas to the north. (Advised of action taken regarding Staff Report #1 -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128) D - 10 Libby Racansky requesting that Paragraph 7 of Resolution #C-158-10 concerning the Growth Plan for the Greater Golden Horseshoe adopted by Council on April 12, 1010, be corrected to change reference to "special policy areas" to "special study areas"; and requesting clarification of Councillor Novak's announcement concerning attendance at a "Friends of the Farewell" dinner on April 22, 2010, as Ms. Racansky is a member of the "Friends of the Farewell" and is not aware of any event taking place that evening. Resolution #C-222-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Minutes of the April 12, 2010, Council Meeting be corrected as follows: "THAT Paragraph 7 of Resolution #C-158-10 concerning the Growth Plan for the Greater Golden Horseshoe be corrected to replace the words "special policy areas" with the words "special study areas"; and THAT the Minutes of the April 26, 2010, Courrcil Meeting be corrected as follows: THAT under the Announcements Section on Page 1, the words "Friends of the Farewell" be replaced with the words "Friends of the Second Marsh". "CARRIED" Council Meeting Minutes - 14 - May 31, 2010 D - 11 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on May 12, 2010, the Town of Halton Hills adopted the following resolution pertaining to Statistics Canada Rural Research Group - A Critical Support for Rural sustainability: "WHEREAS Statistics Canada has recently decided to terminate funding for its Rural Research Group; WHEREAS the Rural Research Group has provided essential capacity and expertise to the Government of Canada and other rural stakeholders including municipalities on rural policy issues, and is unique in the federal government in its ability to provide the data and analysis needed to support a comprehensive agenda on rural sustainability; WHEREAS rural comrrlunities need an enduring commitment from the Government of Canada to ensure that rural priorities receive the sustained resources and attention they require; WHEREAS FCM's 2009 report, Wake Up Call: The National Vision and Voice We Need for Rural Canada, calls for a rural champion in Cabinet, who will require exactly the type of research capacity provided by the Rural Research Group in order to coordinate and maximize federal support for rural sustainability; BE IT RESOLVED THAT the Town of Halton Hills urges the Government of Canada to reverse its decision to terminate funding for the Rural Research Group, as a first step toward a more comprehensive federal approach to supporting rural sustainability. AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federation of Canadian Municipalities for immediate circulation to Municipalities for their support. AND BE IT FURTHER RESOLVED THAT this resolution be placed as an emergency resolution for discussion and adoption at the 2010 FCM AGM. AND BE IT FURTHER RESOLVED THAT the Hon Michael Chong, MP Wellington Halton Hills be so advised as well as all member Municipalities of the greater Toronto Area Countryside Mayors Alliance and Halton area Municipalities." Council Meeting Minutes - 15 - May 31, 2010 Resolution #C-223-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the Town of Halton Hills, with respect to Statistics Canada Rural Research Group - A Critical Support for Rural Sustainability, be endorsed. "CARRIED" D - 12 Mike Galloway, Clerk & Deputy CAO, Corporation of the Township of Essa advising Council that on May 5, 2010, the Township of Essa adopted the following resolution pertaining to Private Member's Bill 13: "WHEREAS Private Member's Bill 13, being an Act to sustain and encourage improvement in Ontario's water and wastewater services and to establish the Ontario Water Board passed 1St Reading on March 23, 2010 in the Provincial Legislature; and WHEREAS Bill 13 shall require regulated entities that provide water services or wastewater services to fewer than 10,000 customers to amalgamate those services with the services of one or more other regulated entities if they determine that it is possible to do so, or if they are directed to do so by the Minister; and WHEREAS it appears that many of the municipalities in this area have incurred significant debt and long term loans for the upgrading or expansion of water and wastewater projects in their respective municipalities; and WHEREAS the Township of Essa's water and wastewater customers should not have to pay towards any significant debts and long term loans that have been incurred by other municipalities for the upgrading and expansion of such infrastructure facilities in those municipalities if we are required to amalgamate our water and wastewater services with one or more of these municipalities; and WHEREAS the Township of Essa has already planned, upgraded and/or expanded our water and wastewater facilities to meet Provincial Regulations including to accommodate growth in our municipality over the next 25 year period by using development charges, reserves, a portion of user rates and other sources of revenue without the need to incur significant and long term debt for such purposes; and Council Meeting Minutes - 16 - May 31, 2010 WHEREAS the Township of Essa has proven that it can operate and maintain its water and wastewater facilities in compliance with provincial Regulations and is committed to doing so in the future and many other lower tier municipalities in the Province may be in a similar position; NOW THEREFORE BE IT RESOLVED THAT the Province and Mr. David Caplan, M.P.P., be advised that the Township of Essa does not support the enactment of Private Member's Bill 13 and a copy of this resolution be forwarded to Mr. Jim Wilson, M.P.P. and to all municipalities in the Province of Ontario." Resolution #C-224-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Township of Essa, with respect to Private Member's Bill 13, be received for information. "CARRIED" D - 13 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to the Honourable Deborah Matthews, Minister of Health & Long-Term Care, advising that on April 19, 2010, the Township of Brock adopted the following resolution pertaining to generic drug costs: "WHEREAS negotiations are currently underway between the Ministry of Health and the Association of Pharmacies of Ontario regarding generic drug costs; AND WHEREAS small town pharmacies such as those existing in Brock Township may be threatened by the result of these negotiations; THEREFORE, the Township of Brock urges the Minister of Health to resolve these negotiations in a manner that protects the small town pharmacies for the better health of their residents." Resolution #C-225-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Township of Brock, with respect to generic drug costs, be endorsed. "MOTION LOST" Council Meeting Minutes - 17 - May 31, 2010 Resolution #C-226-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Township of Brock, with respect to generic drug costs, be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report May 17, 2010. Resolution #C-227-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 17, 2010 be approved, with the exception of Items #2, #11, #12 and #14. "CARRIED" Item 2 Resolution #C-228-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Development Charges Background Study, April 2010, prepared by Hemson Consulting Ltd. be approved; THAT the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: TYPE July 1, 2010 Jan 1, 2011 July 1, 2011 Residential Sin le, Semi and Link $14,143 $14,500 $14,500 er unit Low Densit Multi le $12,329 $12,630 $12,630 Lar e A artment $9,700 $9,963 $9,963 Small A artment $6,152 $6,316 $6,316 Non-Residential Commercial and Institutional $55.20 $55.20 $59.44 (per square metre Industrial $30.24 $30.24 $30.24 Council Meeting Minutes - 18 - May 31, 2010 THAT Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; THAT Council has reviewed the changes made to the draft By-law and after having considered the changes Council determined that there is not a need for an additional public meeting; THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2010, where the development charges will be paid by June 30, 2010, that the applicable development charges be calculated based on By-law 2005- 108, as amended; THAT the By-law attached to Report FND-013-10 as Attachment "A", inclusive of any amendments made by Council at the meeting of May 17, 2010, be recommended to Council for approval to rescind and replace By-law 2005-108, as amended; and THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-013-10 and be notified of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No .Declaration of Fecunia Interest Absent Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth Item 11 Resolution #C-229-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ESD-005-10 be received; THAT Council approve 1780 Ruddell Road, Newcastle as the location of the new Fire Station; and Council Meeting Minutes - 19 - May 31, 2010 THAT staff be authorized to proceed with the Request for Proposal for professional services of an architect/design consultant and to move ahead with detailed design. "CARRIED" Item 12 Resolution #C-230-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CSD-006-10 be received; THAT the grant request, submitted by the Ontario Nuclear New Build Council under the Community Grant Program, be endorsed; and THAT the Ontario Nuclear New Build Council be advised of Council's decision. "MOTION LOST ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecunia Interest Absent Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo v Ma or Aberneth Resolution #C-231-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CSD-006-10 be received; THAT the grant request, submitted by the Ontario Nuclear New Build Council under the Community Grant Program, be denied; and THAT the Ontario Nuclear New Build Council be advised of Council's decision. "CARRIED" Council Meeting Minutes - 20 - May 31, 2010 Item 14 Resolution #C-232-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report COD-020-10 be received; THAT the benefit provisions continue as approved in Report COD-035-09 for active duty leave only; THAT full-time employees serving in the Canadian Military Reserve be provided an unpaid Reservist Leave of Absence if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency as per the parameters defined by the prevailing Employment Standards Act; THAT leave for training or other leave not specifically provided for under the prevailing Employment Standards Act not be permitted; THAT the full-time employees must apply in writing, in sufficient time prior to the date of the requested leave commencing, for the leave of absence and it must be approved by the respective Department Head and the Chief Administrative Officer; THAT the Reservist Leave of Absence, for deployment as identified above, not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employees who are not in good standing, with the Municipality of Clarington; and THAT the above be incorporated into existing Corporate Policy, and the policy be amended in future to comply with any legislated requirements. "CARRIED" Resolution #C-233-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 8:57 p.m. Council Meeting Minutes - 21 - May 31, 2010 STAFF REPORT(S) Resolution #C-234-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-067-10 be received for information and adoption of the comments noted in italics; THAT Clarington Council is of the opinion that to exclude the Courtice employment lands on the basis of an accounting exercise does not address key considerations being: o provision of large parcels to accommodate employment intensive uses, o the extension of the Courtice Sewer trunk past these lands, o the strategic location of these lands adjacent to the future 407 east link and 401 corridor, and o proximity to Darlington Nuclear, New Build and Clarington Energy Business Park (an alternative energy cluster) From an economic development and strategic viewpoint including these lands at this time within the Courtice urban boundary is good planning; and THAT a copy of Report PSD-067-10 be sent to the Minister of Municipal Affairs and Housing, the Region of Durham and local area municipalities, and that all the interested parties listed in Report PSD-067-10 be notified of Council's decision. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There was No Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-235-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Resolution #C-201-10 be lifted from the table. "CARRIED" Council Meeting Minutes - 22 - May 31, 2010 The following resolution was now before Council: Resolution #C-201-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report CAO-004-10 -Dredging of the Bowmanville Creek be referred to the 2011 budgetary process for discussion of available options. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecunia Interest Absent Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth Resolution #C-236-10 Moved by Councillor Trim, seconded by Councillor Novak THAT Resolution #C-210-10 be lifted from the table. "CARRIED" The following resolution was now before Council: Resolution #C-210-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adults Association Board be authorized to proceed through the Municipal purchasing process to invite proposals regarding use of advertising space on the newly acquired Municipal van being utilized for COAA purposes; THAT the proposals be secured in a competitive manner and in accordance with the regulations and standards set by the Canadian Advertising Council and the Municipality of Clarington; and Council Meeting Minutes - 23 - May 31, 2010 THAT if the opportunity results in advertising revenue, it will be considered operating revenue of the COAA Board to be used as part of their annual operating income. "MOTION LOST" Resolution #C-237-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adult Association Board (also known as COAA) be authorized to proceed with soliciting donations for any of their capital or operating requirements and may in exchange, offer advertising space on the newly acquired Municipal van being utilized for COAA purposes under the following conditions: 1. The Municipal purchasing process is waived for the purposes of soliciting donations only from non-profit, service clubs, and/or charitable type organizations, or individuals who are not contributing directly or indirectly on behalf of/or related to private enterprise purposes; 2. The donations received to date from these service/non-profit type groups be accepted as contribution to the capital or future operating costs related to the COAA van; 3. The display opportunity will be limited to notation of support to the COAA and the organization logo or graphic; 4. The size and location of the sponsoring logo, will be determined by the COAA; 5. The value of donations for securing the size of space on the van to advertise the service group logo are to be established by the COAA Board for consistency in space for donations requested; 6. Donations may be set to acquire different lengths of term for the display of the logo up to a recommended 3 years for the maximum donation identified; 7. The COAA Board will maintain a record of donations received, and the purpose identified for the disposition of the donation; a. With capital donations being forwarded to the Director of Finance, consistent with existing requirements, to be maintained in the established Reserve Fund for current or future capital assets; and b. Operating donations to be available to the COAA directly, for normal operating expenses; 8. The future maintenance and servicing of the vehicle, over and above the warranty covered expenses, will be added to the annual operational budget, which may be offset with future donations; Council Meeting Minutes - 24 - May 31, 2010 THAT any established Board of Council having responsibility and oversight for municipal assets, who may be interested in the potential to be included in the Municipality's advertising-for-revenue program established through Purchasing Services via competitive process, may request in writing, to the Purchasing Manager, consideration for inclusion. "CARRIED" BY-LAWS Resolution #C-238-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-058 to 2010-068; 2010-058 Being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 2010-059 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004-004 2010-060 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle (Gerr Holdings Limited) 2010-061 Being a by-law to adopt Amendment No. 75, to the Clarington Official Plan 2010-062 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle (Antonius Vissers ) 2010-063 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-001 2010-064 Being a by-law to authorize a contract. between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management Council Meeting Minutes - 25 - May 31, 2010 2010-065 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington (Municipality of Clarington) 2010-066 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle (1559306 Ontario Ltd.) 2010-067 Being a by-law to ratify the appeal of the assessment of certain lands owned by 4246551 Canada Inc. and certain lands owned by Bowmanville Creek to the Assessment Review Board on behalf of the Municipality of Clarington and to proceed with said appeal 2010-068 Being a by-law to appoint Andrew Allison as the Municipal Solicitor; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER INFORMATION Councillor Robinson questioned whether the splash pads could be opened earlier, due to the unseasonably warm weather being experienced, and requested that the Director of Operations respond to him directly. Councillor Hooper questioned whether the Agreement between the Region of Durham and Covanta has been executed. Councillor Trim stated, to date, the Agreement has not come before Regional Council. Resolution #C-2391-10 Moved by Councillor Trim, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow for the introduction of motion with respect to Wind Turbines. "CARRIED" Council Meeting Minutes - 26 - May 31, 2010 Resolution #C-240-10 Moved by Councillor Trim, seconded by Councillor Robinson That Municipal Staff provide a detailed report regarding wind turbine installations in the Municipality of Clarington, including the implications of the Green Energy Act upon Clarington residents. "CARRIED" Mayor Abernethy presented a Clarington flag, signed by a number of Members of the Military stationed in Afghanistan, indicating that the flag would be on display in the Mayor's Office for those wishing to view it. CONFIRMING BY-LAW Resolution #C-241-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-069, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 31S day of May, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-242-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:32 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE June 14, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Living Green Community Advisory Committee dated April 27, 2010. (Copy attached) I - 2 Minutes of the Clarington Accessibility Advisory Committee dated June 2, 2010. (Copy attached) I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 13, 2010. (Copy attached) I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated May 20, 2010. (Copy attached) I - 5 John R. O'Toole, MPP, Durham, enclosing a copy of his correspondence to the Honourable Dwight Duncan, Minister of Finance, supporting Council's endorsement of the City of Oshawa's resolution regarding the impacts on property values from green initiatives undertaken by homeowners; requesting that the Province establish a program that ensures homeowners who are being environmentally mindful are not penalized by higher assessments leading to higher taxes; and, advising that he has requested the Province to follow up by establishing appropriate policies through the Municipal Property Assessment Corporation (MPAC). - 6 Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation (MPAC) advising that atwo-year settlement reached with OPSEU, representing approximately 1,400 MPAC employees across Ontario has been officially ratified by bargaining unit employees and MPAC's Board of Directors. I - 7 George Rankin, Environmental Office Administrator, Buckham Transport Ltd., highlighting the details of the household hazardous waste (HHW) events in Durham Region for 2010; and, indicating that a HHW event in Clarington will take place on October 2, 2010 at the Clarington Operations Depot, 178 Darlington/Clark Line, Regional Road 42, Orono, between 8:00 a.m. and 12:00 p.m. Summary of Correspondence - 2 - June 14, 2010 I - 8 Land Use Council (LUC), forwarding a bulletin concerning the Committee on Status of Species at Risk in Ontario (COSSARO), indicating that the LUC supports wildlife protection in principle; however, opposes the process by which Ontario's Species at Risk Act (SARA) was drafted, legislated, implemented and piggy-backed onto a number of landuse statutes; and, expressing concern that the Province has empowered a select Committee to decide in secret when and where pre-selected wildlife species and their habitat(s) are to be protected, ultimately impacting use, mortgage worth, market value and municipal tax potential of privately-owned lands and demeaning claimed government respect for regulatory transparency and accountability. I - 9 Jim Hunt, Chair, Source Protection Committee and Glenda J. Rodgers, Project Manager, Source Protection Planning, Trent Conservation Coalition Source Protection Region, forwarding a copy of the Public Notice, required under the Clean Water Act, 2006, the Draft Proposed Assessment Reports for the Trent Source Protection Areas and the Ganaraska Region Source Protection Area, a brochure and .fact sheet, DVDs of the Assessment Reports, and comment forms; indicating that the Assessment Reports include information on vulnerable areas and potential threats to related municipal drinking water systems and background information about the local watershed; and, advising that written comments will be accepted until July 9, 2010. Municipalities are urged to review the entire Reports noting Chapter 4 (for surface water systems) and Chapter 5 (for groundwater systems) are the key chapters. Six public meetings have been scheduled between June 23 and July 6, 2010, in the communities of Baltimore, Norland, Havelock, Peterborough, Blackstock and Stirling. Additional information is available at www.trentsourceprotection.on.ca I - 10 Melissa Thomson, Director, Housing Policy Branch, Ministry of Municipal Affairs and Housing, indicating that under the Residential Tenancies Act (RTA) rents are to be decreased automatically when property taxes decrease and that municipalities are required to calculate these decreases and send notices to landlords between June 1 and September 15 and to tenants between October 1 and December 15 of buildings with seven or more units, advising them of the reductions and when they will take effect; and, forwarding a document highlighting the provisions on automatic rent reductions due to property tax decreases and the formula for calculating the rent reduction. Summary of Correspondence - 3 - June 14, 2010 - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 2, 2010, Regional Council adopted the following resolution pertaining to 211 Service in Durham Region which is anticipated to roll out September 30, 2010: "a) THAT Report #2010-A-23 of the Chief Administrative Officer be received for information; and b) THAT a copy of the Report be forwarded to local municipal councils for their information." I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Doris Krahn, Forest Program Specialist, Ministry of Natural Resources, advising that on June 2, 2010, Regional Council adopted the following resolution pertaining to Regional Tree By-law - Extension of Administration and Enforcement Consulting Agreement with Kestrel Forestry Consulting: "a) THAT the Consulting Agreement with Kestrel Forestry Consulting to administer and enforce the Region's Tree By-law be extended for a one year period from July 1, 2010 to June 30, 2011, at an upset limit of $30,000 per year with financing to be provided from funds allocated within professional and consulting services under the Plan Implementation Program (Program 3) of the Planning Department's 2010 Budget; b) THAT a copy of Report #2010-P-34 of the Commissioner of Planning be forwarded to the Area Municipalities, the Conservation Authorities having jurisdiction in the Region, the Durham Environmental Advisory Committee, the Durham Agricultural Advisory Committee, and the Ministry of Natural Resources, for their information; and c) THAT the Commissioner of Finance be authorized to execute the contract extension. I - 13 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment, indicating that the submission period provided for in the Notice of Completion of the Ministry of the Environment Review for the 407 East Environmental Assessment expired on January 29, 2010; advising that having considered the purpose of the Act, the environmental assessment of the undertaking, the terms of reference and the submissions received, Summary of Correspondence - 4 - June 14, 2010 the Minister decided that a hearing was not required; and forwarding a Notice of Approval to Proceed with the Undertaking in accordance with the requirements of the EA and the conditions outlined in the Notice of Approval I - 1.4 Ministry of Consumer Services forwarding a News Release announcing the Alcohol and Gaming Commission of Ontario's (AGCO) special policy exemption on extended bar and restaurant hours for the World Cup. Licensed bars and restaurants will be permitted to open at 10:00 a.m. from June 11 to July 11, 2010, unless a municipality objects in writing to the AGCO. I - 15 Clifford Curtis, Commissioner of Works, Region of Durham, responding to Council's correspondence regarding the Class Environmental Assessment for the Courtice Trunk Sanitary Sewer, providing assurance that the evaluation of the Courtice Trunk Sanitary Sewer is following the Municipal Class Environmental Assessment (Class EA) process and that comments received from Clarington staff have been included in the evaluation of the final alignment alternatives; providing a chronology of events/meetings since. April 2009; and, indicating that Regional staff will continue to involve Clarington staff in the Courtice Trunk Sanitary Sewer Class EA throughout the process. CORRESPONDENCE FOR DIRECTION D - 1 Sheila Hall, President-Elect, Rotary Club of Courtice, requesting approval for their annual Canada Day Fireworks Celebration to be held at the Garnett B. Rickard Recreation Complex park on July 1, 2010, from 5 p.m. to approximately 10:30 p.m.; requesting that Stevens Road be closed between Highway #57 and Clarington Boulevard from 5:00 p.m. to 10:30 p.m.; advising the event will feature live entertainment, children's activities and outstanding fireworks as well as a military display, providing an opportunity for attendees to pay their respect to those who are or who have represented Canada;. and, indicating that required insurance will be in place for the event. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and a fireworks permit from the Municipal Law Enforcement Division) Summary of Correspondence - 5 - June 14, 2010 D - 2 Confidential Correspondence regarding a personnel matter. (Confidential copy distributed under separate cover) (Motion to refer correspondence to the Director of Corporate Services and Human Resources for response in accordance with Council Resolution #C-375-08) D - 3 Randy Cowan, Director, Orono Fair Committee, Durham Central Fair, requesting that the Durham Central Fair to be held on September 9 to 12, 2010, be designated as a community event as required for various permits and policing issues. (Motion to approve the designation of the Durham Central Fair to be held September 9, 10, 11 and 12, 2010, as a community event) D - 4 Nancy Campbell expressing concern with safety issues at the intersection of Bloor Street and Roswell Drive; indicating that a family member was recently struck by a car while crossing the intersection; and, questioning how many other incidents must occur before traffic lights or other safety measures are put in place. (Motion to refer correspondence to the Director of Engineering Services) D - 5 Lisa Roy, Event Organizer, Orono Mini Walk of Hope, requesting permission to host a Mini Walk of Hope for Ovarian Cancer in Canada on September 12, 2010 in Orono; forwarding a map of the route beginning and ending at Orono Park; indicating that they are estimating 75 participants and 10 volunteers for the day and that they hope to host a small barbeque following the event; and, that appropriate insurance will be arranged following Council's approval. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 6 Gayla McDonald, Clerk/Manager of Administration and Economic Development, Town of New Tecumseth, writing to the Honourable Dalton McGuinty, advising that on May 10, 2010, the Town of New Tecumseth adopted the following resolution pertaining to Harmonized Goods and Services Tax: Summary of Correspondence - 6 - June 14, 2010 "WHEREAS the Harmonized Goods and Services Tax will come into effect on July 1, 2010 resulting in an 8% increase on many products and services for tax payers; AND WHEREAS the Council of the Town of New Tecumseth passed a resolution in July 2009 requesting the Provincial Government to minimize the impact on taxpayers and businesses that was widely endorsed by Ontario municipalities; AND WHEREAS minor sports organizations have expressed concerns that the HST will result in children's and youth sports activities being too expensive for working families and that enrolment in minor sports will diminish; AND WHEREAS Ontario municipalities are being requested by minor sports organizations to freeze or reduce facility rental fees in order to lessen the impact of the HST; AND WHEREAS all taxpayers will have to bear the cost of any further subsidy provided by municipalities; AND WHEREAS the Province has publicly stated that the health system is committed to reversing the trend to overweight and obesity, but it cannot solve the problem on its own and that physical, social, cultural and environmental factors have strong influence on weight and that Ontario needs a broad, multi-sectoral, community- wide response to the obesity epidemic; AND WHEREAS the increased cost of recreation and athletic programs resulting from the HST will further prevent individuals, youth and children from registering in these programs; AND WHEREAS the rising cost of policing is further exacerbated by the increasing number of crimes perpetrated by youth and that keeping our young people active and involved in recreation and sports assists in reducing such criminal involvement; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to consider exempting children's recreation programs from the HST in order that Ontario families can afford to participate in athletic and recreation programs in their communities." (Motion for Direction) Summary of Correspondence - 7 - June 14, 2010 D - 7 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on May 25, 2010, the City of Kingston adopted the following resolution pertaining to Payments in Lieu of Taxes: "WHEREAS in a unanimous decision on 15 April the Supreme Court of Canada clearly and unequivocally stated that the federal government and its Crown Corporations must pay for the services municipalities provide in the same way private owners pay; THEREFORE BE IT RESOLVED THAT Kingston City Council urges the government of the Province of Ontario to follow this decision, with respect to all properties for which it makes payments in lieu of taxes (including heads and beds); AND FURTHER THAT a copy of this resolution be sent to John Gerretsen, MPP for Kingston and the Islands, and to all Ontario university and hospital towns." (Motion for Direction) D - 8 Susan Daniels, City Clerk, City of Thorold, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, the Honourable Dalton McGuinty, Premier of Ontario, the Honourable John Gerretsen, Minister of the Environment and the Honourable Jim Prentice, Federal Minister of the Environment advising that on May 18, 2010, the City of Thorold adopted the following resolution pertaining to proposed amendments to leaded gasoline regulations: "WHEREAS leaded race car fuels represent less than 2% of the total leaded gasoline allowed in Canada; AND WHEREAS (except for racing fuels) close to 98% of leaded fuel users in Canada are exempt from leaded fuel regulations; AND WHEREAS the City of Thorold has benefitted from local racing activities for fifty-nine years; AND WHEREAS exempting race car tracks from leaded fuel regulations would help to preserve an estimated 4 million dollar annual stimulus to the local economy; AND WHEREAS exempting race car tracks from leaded fuel regulations would support economic activities at local race tracks; Summary of Correspondence - 8 - June 14, 2010 AND WHEREAS exempting race car tracks from leaded fuel regulations would preserve an estimated forty-five full and part time jobs, locally; AND WHEREAS the City of Thorold supports the local racing industry and deems it appropriate to support the Federal Government's proposed amendments to leaded fuel regulations. NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Thorold express its support of the local racing industry with its support of the Federal Government's proposed amendments to leaded fuel regulations. THAT this motion be forwarded to all local municipalities, The Regional Municipality of Niagara, local MP's, MPP's, The Honourable John Gerretsen, Ontario Minister of the Environment, the Honourable Jim Prentice, Federal Minister of the Environment, Premier Dalton McGuinty and Prime Minister Stephen .Harper." (Motion for Direction) D - 9 - P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Susan Self, Chair, CTC Source Protection Committee, advising that on June 2, 2010, Regional Council adopted the following resolution pertaining to Draft Proposed Assessment Report: Central Lake Ontario Source Protection Area: "a) THAT Joint Report No. 2010-J-23 be endorsed and submitted to the CTC Source Protection Committee as Durham Region's comments on the draft proposed Assessment Report for the Central Lake Ontario Source Protection Area (CLOSPA); b) THAT Regional Council direct staff to review and comment directly to the relevant source protection committees on the contents of proposed Assessment Reports that are released for public consultation during Council's summer recess; and c) THAT a copy of Joint Report No. 2010-J-23 be forwarded to the Minister of the Environment and Durham area municipalities." (Motion for Direction) D - 10 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on May 18, 2010, the City of Kingston adopted the following resolution pertaining to declaration of parallel transit as essential service: Summary of Correspondence - 9 - June 14, 2010 "WHEREAS the Municipal Accessibility Advisory Committee (MAAC) recommends solutions to deal with the provision of goods and services as defined within the City Municipal Accessibility Advisory Committee mandate; and, WHEREAS the City of Kingston has publicly committed to accessibility for all its citizens; and, WHEREAS the City of Kingston operates Kingston Transit buses for its residents; and, WHEREAS Kingston Access Services operates buses as a parallel transit to Kingston Transit for disabled residents; and, WHEREAS the Access Bus is the only option for transportation for most people with disabilities; and, WHEREAS accessibility to parallel transit was denied to citizens during the recent access bus strike; THEREFORE BE IT RESOLVED THAT the Municipal Accessibility Advisory Committee (MAAC) request that City Council approve the following motion, and that a copy of the following motion be forwarded to the Premier Dalton McGuinty, Hon. John Gerretsen, M.P.P. for Kingston and the Islands, Association of Municipalities of Ontario (AMO) and all municipalities with a population of over 50,000, requesting that they also request the Provincial Government to declare all parallel transit as an essential service: WHEREAS the Access Bus is the only option for transportation for most people with disabilities; and, WHEREAS accessibility to parallel transit was denied to citizens during a recent access bus strike; THEREFORE BE IT RESOLVED THAT City Council request the Provincial Government to declare all parallel transit an essential service. (Motion for Direction) Summary of Correspondence - 10 - June 14, 2010 D - 11 Cameron Ackerblade, forwarding a press release regarding Rotary International's efforts to commemorate their 100t" Anniversary in Canada; advising that on June 19t"the CN Tower will be lit up in Rotary Blue and Gold to honour Rotary International's Anniversary; and, questioning whether there is a building in Clarington that could be lit up for the same reason. (Motion for Direction) Municipality of Clarington Living Green ~ ~ ~... ~ Community Advisory Committee Committee Members Present: 1. Amy Burke 4. Jim Abernethy 2. Ron Collis 5. Vanessa Hughes 3. Douglas Holdway 6. Elva Reid Staff Present: Lisa Backus, Robin Heathcote Regrets: Jonathan Wheatle; Mary Novak; Bill Cawker; Cathrine McKeever I-1 draft MINUTES April 27, 2010 7. Gordon Johnston 8. Eryn Wishnowski A enda Item Discussion Action O enin Remarks Am ave o enin remarks. Minutes Brief Discussion. Motion to Approve by Gordon, seconded Carried March 23, 2010 b Dou . Business Arising None Draft Green Extensive discussion regarding the Session including Amy & Ron to Strategy Drop-in advertising; media release; website exposure; posters; attend booth at Session -May 6, shared booth at Maplefest; format of Session; Committee Maplefest. Lisa to 2010 attendance at Session; need and details of feedback make poster and questionnaire; Council presentation to loop during Session; business cards for Channel 12 involvement/follow-up. Maplefest. Lisa to make posters for Session. Feedback questionnaire to be prepared. Subcommittee EarthHour -Clarington the leading municipality within Update Veridian service area. Brief discussion regarding future participation. Communications -may create new articles for Clarington.net Plannin - no u date. Other Business None Preliminary Principle item -Strategy follow-up Committee Agenda Items Power Pledge - co-ordination with Veridian Erin/Committee Ma 25, 2010 LEEDs -future resentation Am Motion to ad'ourn Motion to ad'ourn b Jim, seconded b Dou las. Carried draft Minutes April_27 10.doc rage ~ of ~ I-2 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE June 2, 2010, 6:00 P.M. MEETING ROOM 1A Present: Elaine Simpson, Vice-Chair Sally Barrie Keith Brettell Corine Goodwin Sylvia Jaspers-Payer Councillor Ron Hooper Absent: David Kelly, Chair Also Present: Anne Greentree, Deputy Clerk Elaine Simpson, Vice-Chair assumed the role of the Chair. 1. ADOPTION OF MINUTES Moved by Sally Barrie, seconded by Keith Brettell THAT the minutes of the meeting held on May 5, 2010 be approved. "CARRIED" 2. BUSINESS ARISING FROM MINUTES OF LAST MEETING a) Recreation Facility Accessiblity Anne provided the Committee with an update on the accessibility at the Clarington Fitness Centre. Mark Sutherland has advised that the pool lift at this facility had the annual inspection on April 16~' and it is fully operational. This lift is now added to their monthly inspection schedule for their operators. Regarding the family changes rooms at the CPC, this matter will be addressed in the renovation design stage of the capital project. The Courtice Community Complex changes rooms will need to be investigated further as it appears that moving the privacy walls would require some effort and funding. Sylivia requested that the wheeled chair that they use to transfer a person to the lift also be included in this monthly inspection as the wheels are often seized on the chair. Additionally, Sylvia requested- that all lifeguards be trained to be able to operate the chair/lift because when they are not competent it makes the customer feel very inadequate. Clarington Accessibility - 2 - June 2, 2010 Advisory Committee 3. NEW BUSINESS a) Accessible Election Equipment -Demonstration Anne gave the members a demonstration of the audio/tactile ballot assistive marking tools, and highlighted the various accessible tools we will be offering to our electors in the 2010 Municipal Elections, at the Advance Voting opportunities and on Voting Day. Anne sought feedback on writing tools that should be considered.. Members provided feedback as follows: • Sally suggested that we contact the hand clinic in Toronto, part of the University Health Network, for suggestions on easy to use writing tool options. Sally will forward the contact information to Anne. • Elaine agreed to test the table height adjustment (which may be used at each of the voting locations) while sitting in her scooter to help staff determine if the devised table lifts will be suitable. Anne/Patti will contact Elaine when they are ready to conduct the test. • Members supported the concept of the tools and Elaine stated that the amount of work being undertaking by staff to accommodate the needs of our electors should be communicated to the public. Anne confirmed that a report will go before Council advising of our accommodation measures both before and after the election. b) Accessible Election Policies and Procedures -Update Anne gave the members an update on the election Policies and Procedures, which the Committee reviewed at their last meeting. The draft has been amended to include standards on which we based our assessment of our Voting Locations. Each location has been inspected and graded. c) FYI -Municipal Monitor Article Members received a copy of the article, Setting fhe Standard - imQending changes to accessible builf environment, from the May/June 2010 Issue of Municipal Monitor. The Committee felt this was a very interesting article. d) Accessibility Experts -Recognition Certificate Anne advised of the Recognition Certificate received by the Municipality of Clarington for their outstanding efforts and commitment towards making Ontario accessible. Clarington Accessibility - 3 - June 2, 2010 Advisory Committee 4. OTHER BUSINESS a) Channel Island at Highway 2 and Courtice Road It appears to be completed now as the interlock brickwork is done. Keith reported that he has travelled over the island and it is nice and smooth and he had no issues with it. b) Expo Update Sylvia advised that she attended the most recent planning meeting for the Expo. Guy Longo, the gentleman creating the video was also in attendance. Sylvia enquired if David attended the video shoot as he had volunteered to be a spokesperson in thevideo. No one was able to confirm if David had attended. Sylvia further advised that the organizing committee did not get enough volunteers for the initially planned wayfinders, so now there will only be two. Clarington has an option to host a booth at the event. The Committee discussed this option and it was agreed that although it would be nice to have a booth there is an issue with the lack of volunteer resources to cover the booth activities. Anne agreed to contact Tracy to see what other municipalities have planned with respect to a booth. Anne will send an email out to advise members of what other municipalities are doing. The next planning committee meeting is scheduled for Wednesday, June 9th from 2:00 pm- 4:00 pm. As well, there is an additional planning meeting scheduled for June 15th. No one was available to volunteer to attend the June 9th meeting. b) DREN Award - to Municipality of Clarington Councillor Hooper, along with Councillor Novak, attended the Durham Region Employment Network 2010 Employability Awards celebration. He reported it was a very well run event. The Municipality of Clarington received one of the Accessibility Awards; an award presented for achievements of accessibility based on the success for the removal of barriers to ensure accessibility within our business. Councillor Hooper suggested that the AAC should consider looking to businesses within our community who employ persons with disabilities for the 2011 nominations. Madeleine Meilleur, Minister of Ministry of Community and Social Services was in attendance and spoke to the new recreation facility, designed for persons with disabilities, to be constructed in Whitby -- Abilities Centre. Clarington Accessibility - 4 - June 2, 2010 Advisory Committee b) Tripping Hazard -Liberty and King Intersection Sylvia advised of a watermain valve at the south-west corner of the Liberty and King Street intersection. Anne will advise the Operations Department. 5. DATE OF NEXT MEETING The next meeting will be held on September 1, 2010 at 6:00 p.m. in Committee. Room 1 A. 6. ADJOURNMENT Moved by Ron Hooper, seconded by Corine Goodwin THAT the meeting be adjourned. "CARRIED" The meeting adjourned at 7:25 p.m. Chair Secretary I-3 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, MAY 13, 2010 MEMBERS PRESENT: Tom Barrie Mark Bragg Mary Ann Found Gary Jeffery Brenda Metcalf Eric Bowman Councillor Gord Robinson Marlene Werry - Durr REGRETS: Jennifer Knox Ted Watson Henk Mulders Ross McMaster ABSENT: Donald Rickard STAFF: Faye Langma Dean Jacc~l GU Bill Ma 1 the Orwin Bandstra k, DA ed by Barrie, seconded by Eric Bowman nor May 13, 2010 be adopted, with the amendment to point no.4 that Pam Lancaster (GRCA) is replaced with Mark Peacock. "CARRIED" ARRPOVAL OF MINUTES 10-12 Moved by Eric Bowman, seconded by Mark Bragg `That the minutes of fhe Apri18, 2010 meeting be approved." "CARRIED" DELEGATIONS: Bill Hasiuk, Paul Vaneyk and John Bertrum made a delegation on rural road speeds: Bill Hasiuk stated that recent changes to Provincial legislation have seen speed limits in certain rural areas of Clarington reduced from 80km to 70, 60 and even 50 km an hour in some areas. He does not believe these speed reductions are justified. He pointed out that rural Clarington is an area of business and speed limits mean the loss of time and the possibility of fines have cost implications for farmers. His experience is that the different speed limits cause trucks to be geared down which in turn causes noise and air pollution. He requested the Committee recommend to Council that that all roads outside of hamlets be posted with a speed limit of 70 km per hour. Paul Vaneyk pointed out that although the speed limits are traffic, it actually slows down the economy of the country cannot afford to slow down. He stated his objection aga' posted between Tyrone and Leskard, and indicated that it i with a full load of grain up steep hills at such reduced s -- concern regarding the 3-way stop in Leskard. It is inte however it is actually causing pollution and more noise b a full stop. He requested the Committee recommend to Leskard be replaced with a yield sign both ways inte e o slow down ri-businesses peed limit dill et a truck expressed down traffic; c st now make that -way stop in areas h as noted speed signs on both sides of the r that it impedes the movement of farm machinery in ison indicated that speed limits are posted mostly in areas where ues and unsafe road conditions. ~ . Gary onfirmed with staff that the new- speed limits are legislated by the Provi a thanked Bill, Paul and John for their delegations and indicated that the Com ittee will give further consideration to their requests later in the meeting, they were invited to stay for the presentation and remainder of the .meeting. GUEST: Mark Peacock, (GRCA) Mark Peacock is the Director of Watershed Services with the Ganaraska Region Conservation Authority. He was invited to provide an update on Source Water Protection Plans. Mark provided a Power Point Presentation, highlighting the following: AACC May 13, 2010 • The Terms of Reference for Source Water Protection Plans (is approved by the Minister of the Environment and the technical rules for the formulation and revisions are apparently extremely prescriptive).. GRCA's Terms of Reference for the Source Water Protection Planning process for the Ganaraska Region has been approved by the Minister. • Assessment Reports (An Assessment Report looks at an entire watershed and the factors influencing the quality and quantity of water), by focusing the discussion on: o Water Budget and Water Quantity Stress Assessment; Surface Water Systems: Vulnerability, Issues and. Threats; Groundwater Systems: Vulnerability, Issues and Threats; and, Landscape le roundwater Analyses. • There are no issues with drinking water identified in O we there is enough water in the system to serve Orono's needs. Questions/Answer Session: Tom asked if GRCA's analysis of the water qualities vid djus summers when the water table is low. Mark indi t t e ysis extreme models with zero re-charge of up to 2 Councillor Robinson Mark indicated t determined (Orono). Gary th BUSIN asked if GR model eno m d ion. ce for the dry considered analysis.. and it was shed area Concer h the a - - tion DS -Dean reported that Brian Hancock from OFA provide with v le int et resources regarding Edge Planning (the creation of buffers) ~ ~ itish bia. The Agricultural Land Reserve in British Colombia is more restricti reenbelt Plan, particularly with regard to urban and farmland interfac explore this information through the Official Plan review process to see if o °t g policies on the interfaces between plans of subdivision and farmland can be ngthened. Brian also indicated that the MDS review is due in 2012 and since the Province is currently undertaking a review of the 2005 Provincial Policy Statement (PPS) with a consultation window that closes on August 31, 2010, the Committee should consider submitting their concerns to the PPS review. CORRESPONDENCE A letter was received from OMAFRA, regarding a Premier's Award Ceremony on May 28, 210 in Brighton. The Durham recipient is in Clarington (circulated). AACC May 13, zoo Garry reported that no response has been received from OMAFRA and MOE regarding the letters that have been sent out by John O'Toole's office on March 15 & 16, 2010 respectively (concerning conflicting interpretations of the definition of "farming" vs "corporations, and the proposal to charge a levy of 23c per kilogram on fertilizer sold by the bag and the impact it would have on the cost of farming). REPORTS FROM OTHER COMMITTEES DAAC DAAC tour -confirmed to be on September 17 in Clarington. Eric circulated the approved Durham Food Charter - a copy of Ch to members of the Committee. Durham Federation of Agriculture Mary Ann Found reported that the General Meeting on April ; McCabe on the Green Energy Act attracted between 50-60 peop DFRA is looking at incorporation to become eligible for An Agricultural Awareness Day is being Station at 6:15pm (supper) for 7:15 develop a strategic plan for agricultural E b uted Don dice and Bill Ha ,Paul Vaneyk, John Bertrum on rural following motions: nded by Mark Bragg Engineering Services Department and Traffic that as the rural roads are reconstructed to review and `That the AACC receive Paul Vaneyk's delegation with thanks" 10-15 Moved by Mark Bragg, seconded by Eric Bowman `That the AACC refer the request for review of the 4 way stop on Middle Road and 8th Concession to Traffic Management Committee and Engineering Services Department" AACC May 13, 2010 10-14 Moved by Brenda Metcalf, seconded by Tom Barrie 10-16 Moved by Tom Barrie, seconded by Brenda Metcalf `That the AACC refer the request for additional enforcement to address fhe issue of speeding on 7th Concession (particularly on Friday evenings) and other arterial roads to Durham Regional Police" FUTURE AGENDA For June meeting: Kathryn Kram and Kathy MacP~ Foundation: research on issues that the agricultural cor case study examples in Durham. Moved to Adjourn: Mary Ann Found Next Meeting: June 10, 2010 7:30 p.m. 3reenbelt policies - AACC May 13, 2010 1-4 Task Force for Attracting Higher Education Facilities Minutes of Meeting Thursday, May 20, 2010 at 7:30 a.m. Meeting Room lA Present Were: Paul Halliday, Chair Dorcas Gordon Pierre Tremblay Bill Humber Valentine Lovekin Special Guest: Dr. Brian Desbiens Staff: Faye Langmaid, Manager of Special Projects, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Mayor Jim Abernethy Deborah Patrick Paul Halliday called the meeting to order at 7:30 a.m. SPECIAL GUEST - DR. BRIAN DESBIENS, FORMER PRESIDENT OF SIR SANDFORD FLEMING COLLEGE . Paul Halliday introduced Dr. Brian Desbiens and, in addition to the brief bio that was distributed to committee members, Paul shared a bit of personal information about Dr. Desbiens, including that Dr. Desbiens was a successful hockey player and had attended Michigan State on a hockey scholarship. Additionally, Dr. Desbiens grew up in St. Catherines where his father was the General Manager at the General Motors plant. Dr. Desbiens started his presentation by stating that, when he was a university student, he had written a paper on the proposed college system, before the existing college system was implemented. Dr. Desbiens advised that he retired from the position of President of Sir Sandford Fleming College in 2004 and is currently working as a senior consultant for the Student Leadership Support project trying to meet needs of mentally ill or at risk children and their families. Dr. Desbiens shared his vast knowledge of information and experiences that he gained over the years in the college system. He emphasized that there are dozens of communities across Ontario trying to attract postsecondary education to their communities, so there is competition. Further, in his experience, the communities which succeed do so when they have various components or factors in their plan aligned. During the course of information sharing, Dr. Desbiens outlined the following key areas of importance in attracting a higher education facility: Demographics • Is there a demand • Is the population growing • Sufficient youth population as well as general population • Participation rates -who is going to college; what are they studying; where are they studying? Specialization • Can we find something that is unique to Clarington • A specialty brings a focus and identity to a small campus • Community could build around specialty • Other programs would be offered in addition to specialty Partnerships • Needed in order to start • Matching funds in money, land or building (the Province now expects up to 70% of any new project to be funded by the partners) • Win/wiri situation • Community support • Public/private partnerships Leadership • Political • Education Partners • Community Leaders • Employers (and not just manufacturing, service sector also) • Business community • Often need a "white knight" A Compelling Case • What's the story • Discussion of the Polonsky case for UOIT (ie Oshawa the largest community in Ontario without a university). It wasn't true, but it helped mobilize the community Dr. Desbiens went on to advise that leadership is extremely important during the process of attracting post-secondary education. The leader is sometimes seen as a "white knight" (particularly when they dip into their own pocket to make a significant contribution) and is passionate and enthusiastic about the project. Strong leadership is a must; however, the team approach is equally important. The community must fully support the vision. He went on to talk about the economic cycle that affects infrastructure funding and how. the planning cycle allows an opportunity to be ready when the next window of opportunity presents itself -when the economy rebounds. Spending in the current cycle is currently complete and the new cycle of opportunity is likely to be a few years away. But this is an opportunity in that it gives us a good planning window. He emphasized that the province likes to divide and conquer and that any plans we make and promote will have a greater chance of success if we have all our ducks in a row and all the forces in our community aligned. Discussion ensued pertaining to the various elements presented by Dr. Desbiens and the committee members discussed their obligation to present recommendations to Council. Dr. Desbiens agreed to review the committee's draft report which will be started at the next meeting. Paul Halliday thanked Dr. Desbiens for sharing his thoughts and experiences with the Committee and asked him to stay for the remainder of the meeting. 2. ADOPTION OF MINUTES OF THE MEETING OF MAY 6, 2010 Moved by Bill Humber, seconded by Pierre Tremblay THAT the minutes of the meeting of May 6, 2010, be approved. "CARRIED" 3. OTHER BUSINESS There was no other business discussed at this meeting. 4. ADJOURNMENT Paul Halliday adjourned the meeting at 9:20 a.m. An informal discussion took place to plan the next meeting. At copy of the formulated plan is attached to these minutes. Group Process for June 29 Working Meeting The group believes that there is likely to exist a high degree of broad agreement regarding our conclusions and recommendations. Nevertheless, as we all know, the process of writing a group final report is often tricky. It's important that it be a group process in order to minimize biases and maximize ownership. We agreed on the following three-step process: Ste One This step to be completed by each group member by June 25): Each group member will draft a list of major recommendations for presentation to Council. These should be of limited number, and succinct, and need not list supporting information or facts. These should be submitted (by June 25) to Linda Coutu so that they may be transferred onto large index cards (hence the need for brevity). Also, each of the group will draft cone-page vision statement. Ste Two At the June 29 Working Meeting) The group will consider the various vision statements to pick out and reach consensus on major themes. Subsequently, the group will sort and organize the recommendations. Obviously, there is likely to be overlap and some will likely be combined. Some others maybe the subject of debate. It is envisaged that we would stick them up around the walls and organize them in various ways until we're happy with the overall result. Subsequently, or concurrently, we will add sticky notes below with supporting arguments (or facts or data) under each agreed major recommendation. At the end of the exercise we will, in theory, have the skeleton of the report we wish to make to council (minus the introductory material and word-smithing). And, most importantly, it will have been the result of a collaborative group effort. The last duty of the group at this meeting will be to appoint two (or more?) to write-up the draft report. Step Three (Following the June 29 meeting) Following the June 29 meeting the two appointed scribes will wordsmith a document and circulate it to the others for final input and suggestions. • ~~ Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF JUNE 14, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 7, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-071-10 2009 Growth Trends Review (b) FND-014-10 Annual Commodity Hedging Report - 2009 (c) FND-016-10 Report on Revenue Sensitive to Economic Conditions - April 2010 2. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 116 RESIDENTIAL UNITS APPLICANT: LAMBS ROAD SCHOOL PROPERTY LTD. THAT Report PSD-068-10 be received; THAT the applications to amend the Clarington Official Plan (COPA 2009-0006) and Zoning By-law 84-63 (ZBA 2009-0023) and for a proposed Draft Plan of Subdivision (S-C-2009-0003) 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-068-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 - 2 - June 14, 2010 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 13, 2010 THAT Report PSD-069-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on May 13, 2010 for applications A2009-0051 and A2010-0018 through A2010-0020 inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. AMENDMENT TO APPLICATION FEES BY-LAW REMOVAL OF FEES FOR PLANNING APPLICATION CIRCULATION BY OTHER LOCAL MUNICIPALITIES THAT Report PSD-070-10 be received; THAT the By-law Amendment attached to Report PSD-070-10, detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be approved; and THAT neighbouring Municipalities be advised of Council's decision. 5. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST, 7755 OLD SCUGOG ROAD, ENNISKILLEN APPLICANT: KEITH MACKAY THAT Report PSD-072-10 be received; THAT the accessory building (the McLaughlin shed) on the property identified as 7755 Old Scugog Road, Enniskillen, be added to the Municipal Register of Properties of Cultural Heritage Value or Interest; and THAT all interested parties listed in Report PSD-072-10 and any delegation be advised of Council's decision. 6. PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A MONTESSORI SCHOOL FOR CHILDREN AGES 1 TO 14 80 RHONDA BOULEVARD APPLICANT: WINTSER INVESTMENTS LIMITED THAT Report PSD-073-10 be received; THAT the rezoning application submitted by Wintser Investments Limited be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-073-10 be passed; and Report #1 - 3 - June 14, 2010 THAT all interested parties listed in Report PSD-073-10 and any delegations be advised of Council's decision. 7. BOWMANVILLE WATERFRONT LAND ACQUISITION 153 PORT DARLINGTON ROAD THAT Report PSD-074-10 be received; THAT the property identified as 153 Port Darlington Road, Part Lot 11, Block B, Plan H50073, Part Lot 9, Broken Front Concession, former Town of Bowmanville, be approved for acquisition for the purchase price of $107,000.00, plus adjustments, and that the Municipality pay $33,000.00 to indemnify the Vendors for costs incurred for consulting fees, architectural drawings, permits and other expenditures subsequent to the fire; THAT the funds for the purchase, the indemnification, and any associated costs, be charged to the Land Acquisition Account (110-50-130-85002-7401); THAT the By-law attached to Report PSD-074-10 be passed to authorize the Mayor and. the Clerk, on behalf of the Municipality, to execute an agreement to acquire the property; and THAT Staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction. 8. TENDER NO. Q2010-19 -SUPPLY, DELIVERY & INSTALLATION OF ONE (1) COLUMBARIUM THAT Report COD-022-10 be received; THAT Rock of Ages Canada Incorporated, Stanstead, Quebec, with a total bid in the amount of $31,972.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2010-19, be awarded the contract for Supply, Delivery & Installation of One (1) Columbarium, as required by the Municipality of Caarington, Operations Department; THAT the additional funds in the amount of $1,972.00 be drawn from the Cemeteries Capital Reserve Fund; and THAT the funds expended be drawn from the Operations Department 2010 Capital Account 110-36-326-83676-7401. Report #1 - 4 - June 14, 2010 9. CL2010-19, CERTIFIED PLUMBING SERVICES THAT Report COD-023-10 be received; THAT Brent's Plumbing, Courtice, Ontario, with a total bid price of $69,597.95 (excluding HST) be awarded the contract to provide Plumbing Services as required by the Municipality of Clarington, for a three year term; THAT pending satisfactory pricing and service the contract be extended for up to two additional one year terms; and THAT the funds expended be drawn from the various Current Operating Budget Accounts. 10. CL2010-20, CERTIFIED ELECTRICAL SERVICES THAT Report COD-024-10 be received; THAT George Moore Electric, Orono, Ontario, with a total bid price of $78,709.31 (excluding HST) be awarded the contract to provide Electrical Services as required by the Municipality of Clarington, for a three year term; THAT pending satisfactory pricing and service the contract be extended for up to two additional one year terms; and THAT the funds expended be drawn from the various Current Operating Budget Accounts. 11. TENDER NO. CL2010-15 -SUPPLY & DELIVERY OF ONE (1) 60,000 G.V.W. TANDEM DIESEL STREET FLUSHER TRUCK THAT Report COD-025-10 be received; THAT Joe Johnson Equipment, Innisfil, Ontario, with a total bid in the amount of $179,766.16 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-15, be awarded the contract for Supply & Delivery of One (1) 60,000 G.V.W. Tandem Diesel Street Flusher Truck, as required by the Municipality of Clarington, Operations Department; and THAT the funds expended be drawn from the Operations Department 2010 Replacement of Fleet-Roads Account 110-36-388-83642-7401. Report #1 - 5 - June 14, 2010 12. CO-OPERATIVE TENDER NO. T-280-2010 -SUPPLY AND DELIVERY OF SODIUM CHLORIDE THAT Report COD-026-10 be received; THAT The Canadian Salt Company Limited, Mississauga, Ontario, with a total bid price of $1,786,470.07 (net of H.S.T. rebate), for the Municipality of Clarington's requirements for sodium chloride for the next three years, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co- operative Tender T-280-2010, be awarded the contract to supply approximately 27,300 tonnes of sodium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contract be extended for a fourth and fifth year; and THAT the funds expended be drawn from the Operations Department Winter Control/Sanding/Salting Miscellaneous Operating Supplies Account 100-36-383-10295-7712. 13. CL2010-17 GARBAGE AND RECYCLE COLLECTION AND DISPOSAL THAT Report COD-028-10 be received; THAT J & F Waste Systems Inc., Ajax, Ontario, with an estimated yearly cost of $49,313.14 (net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2010-17, Supply of Garbage and Recycling Containers and Collection and Disposal from Various Municipal Locations be awarded the contract as required by the Municipality of Clarington for a three year term beginning July 1, 2010; THAT pending satisfactory pricing and service the contract be extended for up to two additional one year terms; and THAT the funds expended be drawn from the respective operating budgets. Report #1 - 6 - June 14, 2010 14. RFP2010-01, MULTIFUNCTIONAL DIGITAL COPIERS THAT Report COD-029-10 be received; THAT the proposal received from Ricoh Canada Inc., Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2010-01 be awarded the contract for the Supply and Maintenance of Digital Multifunction Copiers for the Municipality of Clarington, Various Departments for a five year term. The estimated annual value of this contract is $51,501.76 (net of HST rebate); and THAT the funds be drawn from the current operating budget Account # 100-16-130-00000-7152. 15. TENDER NO. CL2010-13, GARNET B. RICKARD RECREATION COMPLEX - CHANGE ROOM & SEATING RENOVATIONS THAT Report COD-032-10 be received; THAT Trustco Construction Ltd, Markham, Ontario, with a revised bid in the amount of $480,700.00, plus HST, being the lowest responsive bidder meeting all terms, conditions and specifications of Tender CL2010-13, be awarded the contract for the Garnet B. Rickard Recreation Complex -Change Room and Seating Renovations, Bowmanville; THAT the expenditure in the total amount of $526,200.00 ($480,700.00 tender plus contingency), be charged to the account # 110-42-421-84269-7401 (RinC); THAT the additional funds required of $80,700.00 be drawn from the General Municipal Purposes Reserve Fund; and THAT the By-law attached to Report COD-032-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 16. ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUND FOR THE YEAR ENDED DECEMBER 31, 2009 THAT Report FND-015-10 be received; and THAT a copy of Report FND-015-10 be sent to the Ministry of Municipal Affairs and Housing: Report #1 - 7 - June 14, 2010 17. PRESENTATION OF KEVIN MYERS, MANAGER OF WHOLESALE SETTLEMENTS, VERIDIAN CONNECTIONS, REGARDING SMART METERS AND TIME OF USE THAT the presentation of Kevin Myers, Manager of Wholesale Settlements, Veridian Connections, regarding Smart Meters and Time of Use, be received with thanks. 18. DELEGATION OF STEPHANIE ZIBERT, PRESIDENT OF THE NORTH DURHAM SOCIAL DEVELOPMENT COUNCIL (NDSDC) AND BENJAMIN EARLE, MANAGER OF SOCIAL RESEARCH AND PLANNING, COMMUNITY. DEVELOPMENT COUNCIL DURHAM (CDCD), REGARDING A JOINT COMMUNITY PROJECT BETWEEN NDSDC AND CDCD THAT the delegation of Stephanie Zibert, President of the North Durham Social Development Council (NDSDC) and Benjamin Earle, Manager of Social Research and Planning, Community Development Council Durham (CDCD), regarding a joint community project between NDSDC and CDCD, be received with thanks. 19. DELEGATION OF JAKI MACKINNON, BETHESDA HOUSE, REGARDING THE "WALK A MILE IN HER SHOES" EVENT THAT the delegation of Jaki MacKinnon, Bethesda House, regarding the "Walk A Mile in Her Shoes" Event, be received with thanks. 20. DURHAM CHILDREN'S AID SOCIETY FUNDING WHEREAS the Durham Children's Aid Society is a mandated service under the Child and Family Services Act to provide child welfare services and the Ministry of Children and Youth Services is obliged to fund mandatory child welfare services; WHEREAS Ministry funding to Children's Aid Societies in Ontario was approximately $23 million less than 2008/09 year when approximately $67 million total budgetary shortfall was projected by these agencies province-wide at the beginning of 2009/10 fiscal year; WHEREAS Children's Aid Societies provincially have implemented cost cutting measures reducing the shortfall to approximately $54 million at the end of December 2009 and the Ministry provided one-time additional funding of $26.9 million in February 2010 leaving aprovince-wide deficit of approximately $27 million; Report #1 - 8 - June 14, 2010 WHEREAS the Durham Children's Aid Society is the fourth largest in the Province and serves a growing and diverse region that has the highest level of children living in poverty in single parent families in the GTA and has been hard hit by job loss in the automotive and related industries with resulting increases in demands for Durham CAS services compared to 2008/09 year; WHEREAS the provincial funding formula for Children's Aid Societies is extremely complex and inequitable with Durham CAS receiving less funding to deliver the same services as comparable Children's Aid Societies and is also currently forecasting a 2009/10 deficit of $3.8 million on a $71.6 million budget submission; WHEREAS efforts at a resolution of the funding shortfall with the Province have been unsuccessful so far; and WHEREAS the consequences of a Ministry direction to balance the Durham CAS budget for 2010/2011 are that 123 children or youth representing 14% of the in- care population would be discharged and that 64 staff positions representing 18% of the workforce would be terminated resulting in: increased risk to children and families; poorer outcomes for children in care; decreased ability for Durham CAS to fulfil its legal mandate; reduction or elimination of services and programs; further stress on other social service providers throughout Durham Region; and, a negative impact on the local economy and social infrastructure; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington respectfully requests the Government of Ontario to provide equitable and appropriate funding for mandated services provided by the Durham Children's Aid Society; and FURTHER THAT copies of this resolution be sent to the Premier of Ontario, the Minister of Children and- Youth Services and to the Commission to Promote Sustainable Child. Welfare and Durham's MPPs and Durham Region Municipalities. 21. ORONO ATHLETIC ASSOCIATION GRANT WHEREAS the Orono Athletic Association has received a Municipal grant of $2500; and WHEREAS they have incurred an additional previously unanticipated expense to replace soccer nets after their submission for the grant which was not included in their 2010 budget; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington grant an additional $2,000 to go towards the purchase of soccer nets, with the funds to be expended from the Community Grants Program. Report #1 - 9 - June 14, 2010 22. LETTER OF THANKS TO LOU DEVUONO, ORGANIZER OF HEROES HIGHWAY EVENT THAT a letter of thanks be forwarded to Mr. Lou DeVuono, organizer of the Highway of Heroes event held on Saturday, June 5, 2010. Staff Report # 1 CORPORATE REPORT SERVICES DEPARTMENT Meeting: COUNCIL Date: June 14, 2010 Resolution#: By-law#: N/A Report: COD-035-10 File#: Subject: TENDER NO. CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS -SOIL REMEDIATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-035-10 be received; 2. THAT staff be authorized to proceed with the soil remediation clean up at Hampton Operations Centre; 3. THAT funds required to complete the project be drawn from funds available in the Operations Department Fleet Reserve Account after the purchase of equipment below budgeted amounts; 4. THAT staff report to Council on the total soil remediation costs upon completion of the project. Submitted by: ie arano, H.B.Sc., C.M.O., Director of Corporate Services Klancy T~ilo~, B~:FC., C.A., Director of Finance/Treasurer MM\JDB\bh Reviewed by: ~t°` nklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: COD-035-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Report COD-015-10 was approved by Council on Monday, April 26 for Tender CL2009-41 Fuel Tank Requirements at Various Locations -Soil Remediation. A copy of the report is attached as Schedule "A". 1.2 KLD Construction Limited, Ajax, Ontario has removed the underground fuel tanks at Orono Operations Centre, completed the soil contamination clean-up and installed the above ground fuel tanks. 1.3 The cost for the soil contamination clean-up at Orono Operations Centre was $32,064.85. The estimate was $34,490.00. 1.4 KLD Construction Limited, Ajax, Ontario has removed the underground fuel tanks at Hampton Operations Centre and is in the progress of cleaning up the soil contamination. 2.0 ANALYSIS 2.1 Geo-Logic Incorporated has prepared the Environmental Inspection and Testing Report Underground Storage Tank (UST) and Pump Island Removal for Hampton Operations Centre. 2.2 The soil contamination present is greater than estimated at Hampton Operations Centre, the extent of contamination will not be known until the second set of laboratory test results have been completed. KLD Construction Limited under direction of Geo-Logic Incorporated is cleaning the area where the existing underground fuel tank was present and under the pump island which was from the previous fuel tank. 2.3 The soil contamination present at Hampton Operations Centre under the existing underground fuel tank has been cleaned and is being backfilled. REPORT NO.: COD-035-10 PAGE 3 2.4 The contaminated area under the pump island is believed to be from the underground fuel station from around forty years ago. The soil contamination is indicative of aged contamination. The priority is to clean the soil contamination present at this location as this is where the new above ground fuelling station will be installed. 2.5 The estimated expenditure for the soil contamination clean-up at Hampton Operations Centre is $54,000.00 to date. 2.6 In light of the above revised estimate, the area under the pump island is in the progress of being cleaned and may exceed the approved total expenditure of $120,000.00 approved for both locations from the General Municipal Reserve Fund. 3.0 FINANCIAL 3.1 Approval to proceed with the required soil remediation with funds being drawn from the 2010 Operations Department Fleet Reserve Account is requested. As indicated in COD-015-10, there is approximately $85,000.00 available. 3.2 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 Staff will provide a report to Council on completion of the projects indicating the total funds expended as a result of soil remediation costs upon completion of the project. REPORT NO.: COD-035-10 5.0 INPUT FROM OTHER SOURCES PAGE 4 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 -Schedule "A", Report COD-015-10 SCIrtEDUtE °A° G'larlai CORPORATE REP4R'f"' SERVICES DEPARTMENT Meeting: COUNCIL Date: April 28, 2010 Resolution: Byfavv#: NIA Report: COD-015-10 File: Subject: TENDER NO. CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS -SOIL REMEDIATION RECOMMENDATIONS: tt is respectFuEly recommended to Counci! the following: 1. THAT Report COD-015-10 be received; 2. THAT staff be authorized to proceed with the soil remediation clean up at Orono Operations Centre; 4. 6 7 THAT staff be authorized to proceed with the soil remediation clean up at Hampton Operations Centre, ff the environmental assessment report indicates soil contamination levels in excess of the tolerance levels; THAT funds required for the soil remediation to an amount not to exceed $120,000.00 be drawn ftom the General Municipal Reserve Fund far Orono and Hampton Operations Centres; THAT funds required in excess of the $120,000.00 be drawn from funds available in the Operations Department Fleet Reserve Account after the purchase of equipment below budgeted amounts; THAT the actions taken by the Director of Operations and the Purchasing Manager with respect to the approval of preliminary site work by KLD Construction Limited, Ajax, Ontario, be endorsed; and THAT staff report to Council on the total soil remediation costs if the costs exceed the combined value of $100,000,00. CORPORATION OF THE MUNICIPALITY OF CfrARtNGTON d0 TEMPERANCE STREET, t30WMANV1lLE, ONTRRlO L1C 3A6 T 905-623-3379 REPORT NO.: COD-01 1Q PAGE 2 Submitted by: !'6iarie Marano, H.B.Sc., C.M.O., Director of Corporate Services ~~ ~NancyTaylor, B.B.A., C.A., Director of Financeltreasurer Reviewed by: Franklin Wu, Chief Administrative Officer MMWDB1bh REPORT NO.: COD-0 -10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Report COD-4&3-09 was approved by Council on Monday, November 2, 2049 for Tender CL2049-41 Fuel Tank Requirements at Various Locations. A copy of the report is attached as Schedule °A". 1.2 KLD Construction Limited, Ajax, Ontario has commenced work at Depot 42 and Orono Operations Centre and has removed the underground fuel tanks at Orono Operations Centre only to discover soil contamination. 1.3 An environmental assessment report is in progress and being prepared by Geo- logic incorporated under agreement with KLD Construction Limited. The environmental assessment delineates the full extent of any petroleum product that has escaped into the environment in accordance with the requirements specfied In the TSSA Fue! Safety Division's "Environmental Protocols for Operating Fuel Handling Facilities in Ontario, GA/99". 2.0 ANALYSIS 2.1 Geo-Logic Incorporated, took the soil samples as regulated under O. Reg 1v3 and submitted the samples to AGAT Laboratories, Mississauga, Ontario far analysis. Ghemical testing far Petroleum Hydrocarbons F1 - F4 (C8 -C50) in soil was conducted and said samples were found to contain chemical parameters in excess of the tolerance limits: A copy of the laboratory report is attached as Schedule wg". 2.2 The environmental consultant, Geo-Logic Incorporated, recommends that the area of the pump island be remediated to meet current standards. Taking into consideration the onsite soil conditions the impacted area is believed to be localized to the pump island area. Further investigation is required to confirm this statement. REPORT NO.: COO-0 70 PAGE 4 2.4 KLD Construction Limited, has provided an estimated cost of $34,490.00 to remediate the contaminated area at Orono Operations Centre.. The figure is based on 200 metric tonnes of soil being removed from the site. The cost for the remediation may increase and/or decrease depending on the actual tonnes of soil to be moved and replaced. A copy of the pricing is attached as Schedule "C". 2.5 Kl_D Construction limited, has been given approval to complete the removal and disposal ofi the reinforced concrete slab at a value of approximately $4,000.00 at Orono Operations Centre in order to assess the area of contamination. Approval was provided as scheduling of the excavator and staff to complete the work requirements is required in order to minimize project delays and mobilization costs. 2.6 KLD Construction Limited, has not commenced work at Hampton Operations Centre. At the present time it is unknown if soil remediation is required at the Hampton Operations Centre. Work will not be started at Hampton Operations Centre until the fueling station at Orono Operations Centre is operational. 3.0 FINANCIAL 3.1 Funds required to complete the soil remediation requirements #o an amount not #o exceed $120,000.00 are to be drawn from the Genera! Municipal Reserve Fund for Orono and Hampton Operations Centres. 3.2 In the event additional funds over $'120,000.00 are required to complete the soil remediation they will be drawn from the 20'10 Operations Department Fleet Reserve Accour-t using funds remaining after the purchase of equipment below the budgeted amount. To date three units included in the Fleet Reserve have been purchased approximately $85,000.00 below the budgeted amount. These funds can be made available if required to cover the soil remediation project. _ REPORT NO.: COD-0 -i0 PAGf 5 3.3 The foregoing funding allocation is provided in the event the casts of the soil remediation are high. At this point we have an estimate for the Orono location but this is only an estimate. Actual costs cannot be determined until the extent of the contamination is determined and clean up. The Hampton site conditions are unknown at this point and excavation wil! not commence anti! the Orono project is complete. 3.4 Queries with respect to the department needs, specifications, etc, should be referred to the director of Operations. ~.0 CONCLUSION 4.1 After review and analysis of the laboratory reports and consultant analysis, rt was mutually agreed by Operations and Purchasing that KLD Construction Limited, Ajax, Ontario be authorized to proceed immediately with the slab removal. The soil remediation required at Orono Operations Centre will proceed upon approval of funding. 4.2 Si#e remediation may be required at Hampton Operations Centre and therefore approval is requester! to complete the work requirements if the environmental assessment report indicates soil contamination levels in excess of the tolerance levels. 4.3 Staff will provide a report to Council on .completion of the projects indicating the additional funds expended as a result of soil remediation costs if the value exceeds the estimated value of $100,040A0. The estimated cost for Orono and the costs for Hampton is and will be based on the unit pricing noted in Attachment 3. 5.0 INPUT FROliil OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: REPORT NO.: COD.p 10 PAGE 6 Concurrence: Director o€ Operations Attachments: Attachment 1 -Schedule "A", Report COD-063-09 Attachment 2 -Schedule "B", AGAT Laboratories Results Attachmen# 3 -Schedule "C", Orono Yard -Contamination Clean Up Clarington Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2, 2009 Report #: COD-063-09 File #. Subject: TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS Recommendations: it is respectfully recommended that the Genera! Purpose and Administration Committee recommend to Gouncii the foilow(ng: 1. THAT Report COD-063-E}9 be received; SCHEDULE "A" REPQRT CURP4RATE SERVICES DEPARTMENT By-law # 2. THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-41, be awarded the contrail for the Fuel Tank Requirements at Various locations; 3. THAT funds required in the amount of $139,185.00 be drawn from the Operations 2409 Capital Budget Account 110-3&370-83677-7401 for Depot 42; and 4. THAT funds required in the amount of $249,900.00 be drawn from the General Municipal Reserve Fund far Hampton and Orono Operations Centre. ~~L Submitted by: I~arf~Marano, H.B.Sc., C.M.O., Dire bf Corpo Se s Reviewed by: Franklin Wu, Chief Administrative Officer MM\JDBIBH arfcy yl r, B.B. ., Director of Finance/Freasurer C©IZf~QRATtQN t3F THE MUNiCtPALI'rY OF CLARIN~iT(}N #G TEMPERANCE STREET, i3CJWMANVfILE, ONTARI© L1C 3A6 T(905j623-3379 F (90523-4169 REPORT NO.: COD-063-0S PAGE 2 1. BACKGROUND AND COMMENT 1.1 The Operations Department have budgeted for a fuel station at Depot 42 in the 2009 Capital budget. 1.2 !n 2049 the Municipality of Clarington fuel supplier changed from She[! Canada Products Limited to Petro Canada. At the time of the contract award, the new supplier requested an inspection prior to delivering product, as per Ontario Regulation 2i 7t01. 1.3 The inspection revealed that the underground tanks do not meet the flade requirements. As per the Liquid Fuel Handling Code 2007, the Hampton and Orono Operations Centre are not in compliance with the Technical Standards and Safety Authority (TSSA} requirements. The tanks are .single wail Fiberglas Reinforced plastic (FRP) and do not have drop tubes and internal overfill devices. There are no monitoring welts. The piping is.singie wai! galvanized steel which must be upgraded to meat current standards. 1.4 Petroleum Technical Services, our consultant for this project, prepared a report which outlined the code deficienaes and provided options so that legs! compliance may be achieved. 1.8 Tenders were publicly advertised and called for the Fuel Tank Requirements at Various Locations as required by the Operations Department. Subsequently, two tenders and one no bid were received and #abulated as per Schedule "A" attached. 2. ANALYSIS 2.1 The. low compliant bid was submitted by KL© Construction Limited, Ajax, On#aria. 2.2 The references for KLO Construction Limited, Ajax, Ontario have been cantacted and are satisfactory. REPORT NO.: COD-063-0e PAGE 3 3. FINANCIAI.IMPLfCATIONS 3.1 The total funds of $389,085.00 required for Tender CL2009-4i Fuel Tank Requirements at Various Locations exceed the Operations Department budget. 3.2 Funds in the amount of $200,000.00 have heart allocated for the fuel station at Depot~42, in the Operations 2009 Capital Account 110-36-370-83677-7401. The bid submission was received in the amount of $139,185.00. As this is a growth- related capital project funded 9096 through development charges, the cost savings cannot be reallocated to the other two tanks that are replacements. 3.3 Hampton and Orono Operations Centres were not included in the original budget. As bath locations do not meet the TSSA requirements, the existing fuel station{s) need to be replaced. Funds in the amount of $249,900.00 are required in order to replace the fuel sta#ions and bring them into compliance. 3.4 It is recommended that the funding for the Hampton and Orono Operation Centre come from the General Municipal Reserve Fund. 3.5 Queries with respell to department needs, specifications, etc., should be referred to the Director of Operations. 4, CONCLUSION 4.1 Alter review and analysis of the bids by Purchasing and Operations, it was mutually agreed tha# the bid from KLD Construction Limited, Ajax, Ontario be recommended for the contract for Tender CL2009-41 Fuet Tank Requirements. S. INPtJ'f FROM OTFtER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Attachments: Attachment 1 -Schedule "A°, Bid Summary REPORT NO.: COD-063-08 PAGE 4 Schedule "A" Bid Summary Tender CL2009-41 BIDDER Hampton ~ Orono Optfonat -Depot 4Z Operations Centre TOTAL Bid TOTAL BIO (GST Excluded) (GST Exciuded~ KLD Construction Limited $249,904.00 $139,185.00 Ajax, ON `Cannington Construction $364,030,00 $190,175.00 Gormely, ON Canadian Tech Air Systems Inc no bid no bid Scarborough, ON 'non-compliant - no bid bond ~g"">~w~ ,Z,,~ ~ ` H N m y ' n ~ 3 yC ¢v!v s y CC,gq~~ e4Z~4zq~P RX Q~iJ~~ y ~ {~ N to c N Q ~' iiYI Y! ~ ~ b ~ ~~ Q° O +~ O O V '= W m as C1 a a .~ s.. d Q 0 W C7 W~ ~~ ~i Z W ..i V SCHEDULE "8" a ~ 4 ~ O A O W u NR~~~~~~~z~ ~" ~' r = O 7~5 N aD w w ~ g O O O o y V~ Y) O O d ~ C O O O V Y h Y V zr„ ~ .~ A V V V Y tl ~ $aj O °b° o o w n p~ ° o d ^- ~ d ~Tj O O fS O Y V M~ n Z ~ _2 V V Y V r .~ O ~ w Q U .*J~ QR~ C '~ ~p ~p p e~ p < ~ U ^~ N O ~ O Q N N o h~ y 2 d V A A~ ~ ~ ~~ 8 V V $~ v ~t ~ S 'Y o~~~'wwoogdm ~ ~D N e ~.~ oo cod v v v'~~z ,~ ~ A U g~ ~ S w U 5 ~ a_ ~ R Q< yg po p as ~q pp pp ~ ~o ~ 8 W v~ Y V O O w h 0 Y! 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Bac t4S2^, (RPO Baylc} Ajar, Uit t.1S't.d Ph:t)QS-X32"-8?24 Fax:90S-~i7.7•',i92 April 19, 2010 'Municipality of Clarington 40 Temperance St. Bowmanvilte,' ON L1C 3A6 Attn: Iirigitta Harris Re: Budget Price -Orono Yard -Contamination Clean Up (Based on clean up area 12' wide x 25` long x 10' deep) As per Unit Rates on Contract t!nit Rate puantity 'i'ota( Excavation of contaminated material• 10.00 200 MT 2,000.00 Backfill -cost of material 8.05 200 MT 1,610.00 Backfill--puce and grade 8.00 200 MT 1,6110.00 Transportation and Disposal of contaminated soil SSZO 200 M"1- 11,040.00 KLD Labour Rate 55.00 4(? hrs. 2,200.00 As per quote date April 14~, 2010 Additional float move on Excavator 425.00 Removal and Disposal of 12' x 25" reinforced concrete slab (north apron) 2,990.00 Replace asphalt in 12' x 25' area - (~" of asphalt) 4.025.00 Enr•ironmental Costs - Re: Clem t„p Approx. cost 08,600.00) 8.600.OU TOTAL 534,490.00 if~rhe [meg<nng n±ttts Your aiccytan..c, ptrase ;tgn and ream tF.t fellowin,r~ k+ the se33er's office a ttpttserta>,rvt, this p:opesal which dtectvpan, bccemcs a contract t>ctwctn us. f!pon tM SeRtt's rtctipi thttMf, it is cndast •nd the fota~nitt{t, tncnniing ail the umdttiuns iixted rm l"ace aM( rn±rie ~it3s he[saL.n?;I corsaate trc.iul?aah.c~a~s!s_~;rs~s?~s:~as. C~-ramtm Accetr.~nce Cornpanr Acacptana, ( ~_tnpmy ~irrc~ _-.. KLD E'OVSTRUCT[O'~i LTD, Ken Uavidstm ,~uchnrvxdAgcrnrPkax Prirt} Signaeurcet Rcpresetttstive: 1(en 1Jvvidran Signature• l-itic: Us~tier SUMMARY OF BY-LAWS June 14, 2010 BY-LAWS 2010-070 Being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended (Item 4 of Report #1) 2010-071 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Wintser Investments Limited) (Item 6 of Report #1) 2010-072 Being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Marion Elaine Hamilton and Dorothy Ada Conlin to sell the property known for municipal purposes in 2010 as 153 Port Darlington Road, Bowmanville, Ontario and being more particularly described as Part of Lot 11, Block B, Plan H50073, Broken Front Concession, former Town of Bowmanville, and Town of Newcastle, now Municipality of Clarington, Regional Municipality of Durham (Item 7 of Report #1) 2010-073 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Trustco Construction Ltd., Markham„ Ontario, to enter into an agreement for the Change Room and Seating Renovations for the Garnet B. Rickard Recreation Complex (Item 15 of Report #1) HANDOUTS/CIRCULATIONS COUNCIL Clar~glcon Leading tlae Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: June 11, 2010 Subject: COUNCIL AGENDA -JUNE 14, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS There are no Delegations registered to speak at this meeting. STAFF REPORT (S) 1. Report COD-035-10 Tender No. CI2009-41, Fuel Tank Requirements at Various Locations -Soil Remediation Please be advised that staff has received additional information and request that Report COD-035-10 be referred back for the preparation of a subsequent report at a later date. Patti L. Barrie, CMO Municipal Clerk PLB/cf cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506