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Home My WebLink About12/20/2010 Energizing Ontario DATE: MONDAY,DECEMBER 20, 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 October 4, 2010 Minutes of a special meeting of Council held October 19, 2010 Minutes of the First meeting of Council held on December 6, 2010 Minutes of a special meeting of Council held December 8, 9 and 10, 2010 PRESENTATIONS a) Congratulatory Certificates - Members of the Holy Trinity Titans Football Team, Winners of the Metro Bowl DELEGATIONS (List as of Time of Publication) a) Don Igbokwe, Co-Chair, Durham Region Multi-faith World Religion Day Committee — Request for Proclamation of World Religion Day and for Waiver of Facility Rental Fees for January 16, 2011 (Correspondence Item D - 9) b) Jeremy Woodcock regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) C) Jim Richards regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) d) Jim Richards regarding Appointment to the Veridian Corporation Board of Directors (Item 2 of Unfinished Business) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - December 20, 2010 COMMUNICATIONS Receive for Information 1 - 1 Minutes of the Newcastle Community Hall Board dated July 20, and September 14, 2010 1 - 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated September 17, and November 19, 2010 1 - 3 Minutes of the Central Lake Ontario Conservation Authority dated September 23, and November 16, 2010 1 - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated October 12, 2010 .1 - 5 Minutes of the Clarington Heritage Committee dated October 19, 2010 - 6 Minutes of the Ganaraska Region Conservation Authority dated October 21, t 2010 1 - 7 Minutes of the Clarington Accessibility Advisory Committee dated October 6, 2010 1 - 8 J. Robert S. Prichard, Chair, Board of Directors, Metrolinx—Appointment of President and Chief Executive Officer and Chair, Board of Directors of Metrolinx 1 - 9 John R. O'Toole, MPP, Durham — Cost of Appeals to the Ontario Municipal Board resulting from the Places to Grow Act 1 - 10 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing — Concerns of Greater Toronto Countryside.Mayors' Alliance x, 1 - 11 The.Honourable Deb Matthews, Minister of Health and Long-Term Care and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing— fr Bed-bug Infestations 1 - 12 Scott Vokey, Energy Services Coordinator, Association of Municipalities of Ontario (AMO) — Moratorium on Wind Farms Resolution 1 - 13 Mary Tillcock, Organizer, Terry Fox Run — Letter of Appreciation —Annual Terry Fox Run I - 14 John R. O'Toole, MPP, Durham — Highway 407 East Expansion 1 - 15 John R. O'Toole, MPP, Durham — Rural Connections Broadband Funding Council Agenda - 3 - December 20, 2010 1 - 16 Bill Robinson, Executive Vice President, Nuclear Refurbishment, Projects & Support, Ontario Power Generation (OPG)— Refurbishment and Continued Operation of the Darlington Nuclear Generating Station Project— Early Notification 1 - 17 J. W. Tiernay, Executive Director, Ontario Good Roads Association, (OGRA)— Nominations to the 2011-12 Ontario Good Roads Association Board of Directors 1 - 18' Rita Kostyan, Planner, The Biglieri'Group Ltd. — Public Consultation with . respect to Proposed Communication Tower, 3585 Concession Road 5 1 - 19 Cheryl Green, Durham Region Diabetes Network (DRDN) — Letter of Appreciation for Proclamation of'World Diabetes Day' 1 - 20 Petra Wolfbeiss, Senior Policy Advisor, Association of Municipalities of Ontario (AMO)—Special Diet Allowance 1 - 21 Doug Bain, Local Area Supt, Canada Post— Newtonville Postal Outlet . 1 - 22 John R. O'Toole, MPP, Durham — Provincial Changes to Durham Region's Official Plan .1 - 23 John R. O'Toole, MPP, Durham— Highway 407 East Extension 1 - 24 Bruce McCuaig, President and Chief Executive Officer, Metrolinx- 2009-10 Annual Report and Audited Financial Statements 1 - 25 John R. O'Toole, MPP, Durham —Annual Levee . 1 - 26 The Honourable Gary Goodyear,.P.C., M.P., Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) (FedDev Ontario)— Expansion of the Community Futures Development Corporation Services for Rural Municipalities in Durham Region 1 - 27 Louis Poirier and'Barry Dutton - Objection to the Proposed "Energy-From- Waste" Facility 1 - 28 Dan Mathieson, Chair, Municipal Property Assessment Corporation (MPAC)— 2010 Enumeration Update 1 - 29 Mayor John Henry, City of Oshawa— Phasing of Highway 407 East Extension Receive for Direction D - 1 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration - Ontario Medal for Young Volunteers I Council Agenda - 4 - December 20, 2010 D - 2 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration - Volunteer Service Award (VSA) Program D - 3 Jo-Anne McFarland, Clarington Polar Bear Swim Committee - 11th Annual Clarington Polar Bear Swim D - 4 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade— 2011 Canadian Nuclear Conference D -,5 Mike Finnegan, Chair, Durham Deaf Accessibility Committee— Improved Services for Hard of Hearing Individuals D - 6 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism - Paul Yuzyk Award for Multiculturalism . D - 7 Alan Cornthwaite, Recording Secretary, Bowmanville and District Navy League —2011 Tag Days D - 8 Kathryn Roka-Ulrich, Sweetheart Dance Committee Chair— Request for Waiver of Facility Rental Fee D - 9 Donald Igbokwe and Rev. Larry Doyle, Co-chairs, Durham Region Multi-faith World Religion Day Committee — Request for Proclamation of'World Religion Day" and Waiver of Facility Rental Fee D - 10 : Marolyn Morrison, Mayor, Town of Caledon - Review of Provincial Policy Statement (2005) D - 11 Bob Gleeson - Proposed Relocation of Ontario's Air Ambulance Service Provider(ORNGE) D 12 Paul Johnson, President, Ontario Good Roads Association (OGRA)—The Weather Network D - 13 John R. O'Toole, MPP, Durham - Leading Girls Building Communities Award D - .14 Ed Kennedy, President, Toronto Professional Fire Fighters' Association Highway of Heroes Tribute Coin D - 15 Martin de Rond, Director of Legislative & Information Services/Clerk, Town of Ajax— Health Care Services D - 16 Deb Bowen, AMCT, Deputy Clerk, Regional Municipality of Durham — Appointments to'the Durham Trail Coordinating Committee D - 17 Dave and Roberta Patterson — Request for Amendment to Street Naming Policy Council Agenda - 5 - December 20, 2010 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of December 13, 2010 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION 1. Moved by Councillor Woo, seconded by Councillor Hooper THAT Resolution #C-432-10 passed on December 6, 2010, nominating Councillor Joe Neal for the election of directors to the board of Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012 be reconsidered. 2. Moved by Councillor Neal, seconded by Councillor Traill WHEREAS the Municipality of Clarington and the Regional Municipality of Durham ("Durham Region") signed a Host Community Agreement dated February 18, 2010 (the "Agreement") which provides for the building of an energy from waste facility (the "EFW Facility') on Osbourne Road, in the Municipality of Clarington; AND WHEREAS Durham Region and the Regional Municipality of York ("York Region") agreed that no community would be forced to accept an energy from waste facility if that community was an unwilling host; AND WHEREAS Durham Region and York Region have received a certificate of approval dated October 21, 2010 (the "Approval")for the EFW Facility under the Environmental Assessment Act from the Minister of the Environment; AND WHEREAS notwithstanding the Approval, the majority of residents of Clarington are opposed to the building of the EFW Facility in Clarington; AND WHEREAS the terms of the Agreement in relation to the EFW Facility differ materially from the Approval; AND WHEREAS the Agreement contains a term that requires the Municipality of Clarington not to oppose the development or operation of the EFW Facility, which term may be void as being contrary to public policy; t Council Agenda - 6 - December 20, 2010 NOW THEREFORE BE IT RESOLVED THAT: 1. The Municipality of Clarington commence an application in the Superior Court of Justice under Rule 14 of the Rules of Civil Procedure (the "Application") for a declaration to determine whether: a) The Agreement as a whole is binding on the Municipality of Clarington; b) Section 13.1.1 of the Agreement under which the Municipality of Clarington agreed that it shall not oppose the development or operation of the EFW Facility, is void as being contrary to public policy; c) The EFW Facility is, as per Section 13.1.2, a "public use" for the purposes of the Zoning by-law and in the alternative, whether amendment of the Clarington Official Plan or Zoning By-law is necessary and; d) Any provision of the Agreement which is contrary to the Approval is to be severed from the Agreement, or amended to conform with the Approval. 2. The Municipality of Clarington seek an Order as part of the Application that pending the final determination of the Application; (i) Durham Region not commence the construction of the EFW Facility; and (ii) the Municipality of Clarington not be required to process any applications for approvals for the EFW Facility submitted by Durham Region. 3. The Legal Services Department of the Municipality of Clarington provide a report with respect to Resolutions 1 and 2 hereof at the next meeting of Council. 4. The Legal Services Department of the Municipality of Clarington be directed to provide a report to Council as to whether it is intra vices for the Municipality of Clarington to pass a clean air by-law which is more restrictive than the Approval. 5. The Legal Services Department of the Municipality of Clarington be directed to provide a report to Council as to whether it is intra vires for the Municipality of Clarington to either(i) require the construction of works for the purpose of offsetting the environmental impact of the EFW Facility, as part of the approval process; or(ii) construct such works and pass the cost of such works on to the EFW Operator as part of the approval process. Council Agenda - 7 - December 20, 2010 UNFINISHED BUSINESS 1. Addendum #3 to Report PSD-067-09 — Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) and Brookfield Homes (Ontario) Limited on Applications in the village North Neighbourhood in Newcastle (Tabled at the General Purpose and Administration Committee Meeting of July 5, 2010) 2. Resolution #C-207-09 'WHEREAS Members of Council are appointed to represent the Municipality of Clarington while sitting as a Veridian Corporation Board or subsidiary Board Member; NOW HEREBY BE IT RESOLVED THAT effective immediately, any current or future Council Member who is appointed to the Veridian Board, or other like Boards, will be considered to do so as part of their elected duties, and will not receive compensation for such duties; THAT if it is permissible under the by-laws of Veridian Corporation, or other like companies, the compensation otherwise payable to current or future Municipality of Clarington Council Members sitting on the Veridian Board, be directed to the Municipality as revenue; THAT travel and other reasonable reimbursement of expenses to individual Board Members is acceptable in accordance with the prevailing policies of Veridian Corporation or other such companies; and THAT Veridian Corporation and the shareholder Municipalities of Pickering, Ajax and Belleville be advised of Council's decision." (Tabled at the Council Meeting of April 6, 2009) BY-LAWS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT rlt lL<111 11 Leading the Way Council Meeting Minutes OCTOBER 4, 2010 Minutes of a regular meeting of Council held on October 4, 2010 at 7:00 p.m., in the Council Chambers. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Operations, F. Horvath Web Technician, A. Labijak, attended until 7:35 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Recreation Services Manager, S. Meredith Manager of Community Planning and Design, C. Salazar, attended at 7:40 p.m. until 8:28 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Item D - 4. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Items 13 and 17 of Report#1. Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Items 13 and 17 of Report #1. Council Meeting Minutes - 2 - October 4, 2010 ANNOUNCEMENTS Councillor Novak announced there will be a Public Information Centre on October 7, 2010, from 6:00 p.m. until 9:00 p.m. at the Baseline Community Centre regarding the Study Commencement for the Oshawa to Bowmanville GO Train Services Expansion and Maintenance Facility Transit Project Assessment Process Environmental Assessment. Councillor Hooper issued a reminder that the Annual Apple Festival and Craft Sale will be held on Saturday, October 16, 2010 in downtown Bowmanville. This event is one of Clarington's premier celebrations with a variety of activities planned for the weekend. Councillor Hooper expressed appreciation to Durham Transit for the "Get on the Bus and Enjoy a Ride on Us" transit service. Councillor Woo announced that all Members of Council attended the Exemplary Medal Awards for Clarington Long-Term Service Fire Fighters on October 29, 2010. Councillor Robinson announced the following: • The Newcastle Fall Festival was held on Saturday, October 2, 2010. The event was well attended and was a great day. Councillor Robinson expressed appreciation to the Operations Department, Emergency and Fire Services and Community Services Department for being part of the successful weekend. • He expressed appreciation to the Newcastle Lions Club for their Annual Walk for Dog Guides and Barbeque. • On Saturday, October 2, 2010, Glen Kimball participated in a fundraising event by shaving his beard and raising $281.70 for the food bank. Resolution #C-402-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 20, 2010, be approved. "CARRIED" Council Meeting Minutes - 3 - October 4, 2010 PRESENTATIONS Steven Cooke, Executive Director, Navy League of Canada, Ontario Division, along with his father, Ron Cooke, Past President, Bowmanville Branch, addressed Council highlighting the objectives of the Navy League in providing programming and training to youth, in partnership with National Defense. Mr. Cooke acknowledged that while the programs are free there are still costs involved and recognized the generosity of local organizations. Steven Cooke presented an Award of Appreciation to Brian Purdy, Garth Gilpin and Councillor Ron Hooper regarding the Concert in the Park Series at Rotary Park. Mayor Abernethy provided a history of the Bowmanville Goodyear plant and presented a Certificate of Recognition, on behalf of Council, to Roy Moore, to Veyance Technologies Canada, Inc. (sole manufacturer and distributor of Goodyear Engineered Products) on their 100th Anniversary in Bowmanville. Mayor Abernethy provided background information on the "Support Our Troops" banner project initiated by local resident Margaret Maskell a couple of years ago and financially supported by Goodyear Canada. The banner program has been implemented all across Ontario, Canada and overseas and this summer, the Armed Forces reviewed the banner and recommended an official "support the troops" banner. Mayor Abernethy advised that Hannu Halminen, President of Halminen Homes, has agreed to sponsor the 2010 Support the Troops program with the purchase of 19 banners which will be flown on Vanstone Bridge, and the various cenotaphs in Clarington and that Shayne Hastings of Langley Utilities has volunteered his company's services in erecting the banners. Mayor Abernethy stated Corporal Mark Vanderbruggen and Corporal Joshua Potter from the Ontario Regiment Armoured Reconnaissance Unit are in attendance at tonight's meeting. Mayor Abernethy presented Certificates of Appreciation to Marg Maskell, Hannu Halminen, Donna Ormiston and Renee Hyland, on behalf of Langley Utilities for their efforts with respect to the "Support Our Troops" Banners. Mayor Abernethy invited Christine Caswell, mother of fallen soldier Darrell Caswell, to join in the presentation and expressed appreciation to Corporal Mark Vanderbruggen and Corporal Joshua Potter for their dedication and commitment to the nation. Mayor Abernethy presented Councillor Charlie Trim with a Certificate in recognition of his 13 Years of Service to the Municipality of Clarington. Council Meeting Minutes - 4 - October 4, 2010 DELEGATIONS Sher Leetooze addressed Council concerning Correspondence Item D —5 requesting land for garden allotments in Bowmanville. Ms. Leetooze stated she is an advocate of the five mile diet but recognized that many residents of Bowmanville do not have back yards large enough to have a garden and an area for their children to play. Ms. Leetooze acknowledged that many Canadians are trying to find ways to green their communities but expressed concern that governments are reducing farmland and making Canadians rely on places many thousands of miles away for food. Ms. Leetooze stated she wants to grow her own food locally and feels that allotment gardens will provide that opportunity for many residents. Ms. Leetooze stated many countries all over the world have adopted such programs and she has done significant research on the subject. She noted in Britain, the law requires that municipal governments maintain an adequate provision of land for gardens and that she would like Clarington to follow Britain's lead. Ms. Leetooze offered her assistance in setting up a program locally. Jeany Barrett, President, Newcastle Horticultural Society addressed Council concerning Item 9 of Report#1 to present the Newcastle Community Hall Heritage Garden Project Concept Plan. Ms. Barrett provided a history of the Community Hall, highlighted its varied uses by many organizations and indicated the goal of the Newcastle Horticultural Society is to bring the gardens into a more sculptured state before their 100th birthday in 2014. Ms. Barrett reviewed the seven design components including the parking lot (which due to budget constraints will be deferred and not included in the Trillium application), the fountain which will be moved to the northwest corner of King Avenue and Mill Street, the rejuvenation of the front gardens and walkway, the patio fencing, the courtyard area (which will be considered as a future project) and the development of a learning garden. Ms. Barrett stated a sprinkler system will be considered a priority item with a water sensor that will ensure plantings are not in distress and allow for more efficient use of water and less need to replace plantings. Ms. Barrett confirmed that every effort will be made to keep trees that are in good condition and that any that are removed will be replaced with signage and made into compost. She indicated that the Joseph Atkinson sign will be cleaned up and incorporated into the Area 2 garden and the flagpole will be relocated closer to the building. Ms. Barrett thanked Council for allowing her to present the concept and stated she looks forward to Council's approval of the collaborative. Ms. Barrett introduced Jean Shaw, Vice-President and Betty Formosa, Director,Newcastle Horticultural Society in attendance this evening. Ron Richards addressed Council concerning Item 1 of Unfinished Business - Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the Development of a Free Standing Food Store of 2.829M2 and a 2nd Building of 783M2 for Retail/Service Commercial Uses. Through use of a PowerPoint presentation Mr. Richards reviewed the context plan for the 3.5 acre development at the corner of Scugog Street and Longworth Avenue. Council Meeting Minutes - 5 - October 4, 2010 Mr. Richards indicated that subsequent to the public meeting, a public information meeting was held with 83 members of public in attendance. He noted there was a great deal of interaction at the meeting and that concerns of the residents are being taken seriously. Mr. Richards stated that since that meeting his firm has worked with the designers to assess comments received and to start addressing those concerns. He acknowledged that the elevations provided are an evolving process and that a number of architectural elements have been introduced including substantial landscaping. Mr. Richards stated they have effectively screened the entire parking lot area with landscaping and around the buildings fronting onto Scugog Street and that there are good pedestrian connections through the parking lot and from Scugog Street to the stores. Mr. Richards reviewed the detailed plan showing a pedestrian seating area and an area for bicycle parking. Mr. Richards stated other prevalent concerns related to noise generation have been reviewed noting that results of further analysis do not indicate anything that could be recognized beyond traffic on road. He stated that traffic was the single most prevalent concern and that traffic consultants attended the site confirming that although there is a lot of student and bus traffic, it does not coincide with the main peak hours of the development. Mr. Richards urged Council to approve the staff recommendation with a couple of minor amendments. Steven O'Melia addressed Council on behalf of Metro Ontario Corporation concerning Item 1 of Unfinished Business - Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the Development of a Free.Standing Food Store of 2.829M2 and a 2nd Building of 783M2 for Retail/Service Commercial Uses. Mr. O'Melia advised that Metro operates an existing food store at 343 King Street East and while Metro does not usually participate in individual applications, this application does not represent good land use planning. Mr. O'Melia referred to his letter submitted October 1, 2010, referencing the staff report indicating there are already two other sites zoned for a food store which may be more suitable than the subject site. He also stated that the need for large and tall noise barriers is an indication that this. property is not suitable for this type of use. Mr. O'Melia requested that Council refuse the application and uphold the Official Plan as it is. Ron Richards addressed Council concerning Item 2 of Unfinished Business - Addendum to Report PSD-108-10 - Removal of a Holding Symbol (FCHT (Ontario) Holdings Corporation) stating this is a straight-forward matter and that the site is designated and zoned for the proposed use and that the holding symbol was in place only until conditions were met. Mr. Richards urged Council to support the staff recommendation to lift the holding symbol. Hannu Halminen addressed Council concerning Item 1 of Unfinished Business Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the Development of a Free Standing Food Store of 2.829M2 and a 2nd Building of 783M2 for Retail/Service Commercial Uses indicating he is the present owner of the property and that generally he is satisfied with the report prepared by staff. Mr. Halminen corrected Mr. O'Melia's delegation indicating that there are no new sound barriers being erected. He also stated that the Ontario Municipal Board frowns on appeals based on competition and urged Council to pass the Official Plan Amendment. Council Meeting Minutes - 6 - ' October 4, 2010 COMMUNICATIONS Correspondence Item 1 - 13 was received as a Hand-out. Resolution #C-403-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved. "CARRIED" 1 - 1 Minutes of the Animal Advisory Committee dated September 15, 2010. 1 - 2 Minutes of the Clarington Living Green Community Advisory Committee dated May 25, 2010. 1 - 3 Minutes of the Clarington Agricultural Advisory Committee dated August 26, 2010. 1 - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 14, 2010. 1 - 5 Minutes of the Newcastle Community Hall Board dated July 20, 2010. 1 - 6 Minutes of the Clarington Heritage Committee dated September 22, 2010. 1 - 7 Minutes of the Ganaraska Region Conservation Authority dated September 16, 2010. 1 - 8 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, responding to Council's resolution in support of the Town of Halton Hills' resolution requesting that the Province assist municipalities with the costs of defending Growth Plan conformity amendments before the Ontario Municipal Board; indicating that providing intervener funding for Growth Plan-related costs is not foreseen at this time as the municipal official plan conformity exercises are occurring through the regular planning process and that since inception of the Growth Plan for the Greater Golden Horseshoe, both the Ministry of Municipal Affairs and Housing as well as the Ministry of Infrastructure have worked closely with municipalities to ensure that local conformity amendments are comprehensive, consistent and defensible; and, advising that staff of both Ministries will continue to work with the Region of Durham and its constituent municipalities in advancing regional and local conformity amendments through the planning system. Council Meeting Minutes - 7 - October 4, 2010 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to the request from the Municipality of Clarington to add "Joseph Atkinson" to the Region's Reserved Street Name List: "THAT the request from the Municipality of Clarington to add `Joseph Atkinson' to the Region's Reserved Street Name List be denied, and the Municipality of Clarington be so advised of Council's decision." 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a) THAT Report#2010-P-50 of the Commissioner of Planning be received for information; and b) THAT a copy of Report#2010-P-50 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." 1 - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to establishment of a Compliance Audit Committee: "a) THAT the Terms of Reference for the Compliance Audit Committee as outlined in Attachment 1 of Report#2010-A-32 be adopted; b) THAT John Hunter, William John Paul Jones and Howard Smith be appointed as members of the Compliance Audit Committee; c) THAT the Regional Solicitor be requested to prepare the appropriate by-law to establish the Compliance Audit Committee; and d) THAT a copy of this report be forwarded to the area municipalities for their information." 1 - 12 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO, A Division of Metrolinx, advising of the Study Commencement and Public Information Centres for the Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility Transit Project Assessment Process Environmental Assessment and Preliminary Design Study; indicating the Environmental Assessment will review potential sites for new stations and layover facilities, options for connecting the CN railway corridor with the CP railway corridor from Oshawa to Bowmanville, south of Council Meeting Minutes - 8 - October 4, 2010 Highway 401, and identify potential improvements to the existing rail line; advising that Public Information Centres will be held on Thursday, October 7, 2010, at the Baseline Community Centre in Clarington, Wednesday, October 13, 2010 at the Royal Canadian Legion in Oshawa and Thursday, October 14, 2010 at Durham College, Whitby Campus in Whitby; and, forwarding the Project Overview outlining general information regarding the study. Further information will be available on GO's website at www.gotransit.com starting October 1, 2010. 1 - 13 Jim Chan, Project Manager, Canadian Environmental Assessment Agency forwarding a summary of the comprehensive study process steps and timelines for input regarding the public comment period on the draft Comprehensive Study report for the proposed 407 East Transportation Corridor project. A draft report will be available on the project website at www.407eastea.com and further information on the comprehensive study process is available at www.ceaa.gc.ca. CORRESPONDENCE FOR DIRECTION Correspondence Items D - 6, D - 7, D - 8, D - 9 and D - 10 were received as Hand- outs. Resolution #C-404-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 3 and Hand-out Correspondence Items D - 6, D 7, D - 8 and D - 9 be approved as per the agenda. "CARRIED" D - 1 Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention & Intervention, advising of the 6th Annual "Go Purple for Child Abuse Prevention! Campaign" to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth, and the "Go Purple for Prevention! Campaign", an opportunity for all Ontario citizens to participate and support the need for child abuse awareness and prevention; and, requesting Council to proclaim October as "Child Abuse & Neglect Prevention Month". (Proclaimed) Council Meeting Minutes - 9 - October 4, 2010 D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to a resolution from the Accessibility Advisory Committee of June 22, 2010 regarding Promotion of Sign Language Interpretation as a Career Choice: "a) THAT the Minister of Education, Colleges and Universities, and the Minister of Community and Social Services be requested to promote sign language interpretation as a career choice for high school students; and b) THAT a copy of this resolution be forwarded to the local area Accessibility Advisory Committees to be endorsed by their respective Councils." (Correspondence referred to the Clarington Accessibility Advisory Committee) D - 3 Noble Blair Smyth, 2nd Vice President, Oshawa and District Shrine Club, requesting permission to set up a table near the corner of King Street and Temperance Street to sell a variety of Christmas cakes, cookies and truffles on Saturday, November 27, 2010, Saturday, December 4, 2010 and Saturday, December 11, 2010; and, advising that all proceeds from these sales go directly to support to Shriner's Children's Hospitals and that extra cakes are also sent to Canadian Troops serving in Afghanistan. (Request to sell Christmas cakes, cookies and truffles on Saturday, November 27, 2010, Saturday, December 4, 2010 and Saturday, December 11,2010, approved) D - 6 Jessica Lee-Bearss, Development Coordinator, Toronto District, Crohn's and Colitis Foundation of Canada, advising the month of November has been officially designated Crohn's and Colitis Awareness Month for Canada by the Federal Minister of Health in 2006 in an effort to advance public understanding of the urgency of finding a cure for Crohn's disease and ulcerative colitis; and, requesting that the Mayor provide a letter of support for local and national based initiatives and that November, 2010 be proclaimed as "Crohn's and Colitis Awareness Month" in Clarington. (Proclaimed) Council Meeting Minutes _ 10 - October 4, 2010 D - 7 Bruce Gilbert, Pyrotechnic Supervisor, requesting approval to permit a fireworks display at Bloomfield Farms on October 16, 2010, for a private function; indicating the fireworks show will start after 9:00 p.m. and will be set off in a field on the Bloomfield Farms' property and that as a licensed Pyrotechnic Supervisor, he will ensure that all necessary precautions and regulations are met and that the products are purchased from a reputable supplier. (Exemption to the Fireworks By-law approved) D - 8 Ronald Richards, President, R. G. Richards & Associates, acknowledging that much discussion was held at the General Purpose and Administration Committee meeting of September 27, 2010, regarding Report PSD-108-10 —Application for Removal of Holding Symbol FCHT (Ontario) Holdings Corp. Regarding the prospect of the Royal Bank relocating from its current location; stating there was no discussion on why the Holding symbol was put in place; quoting Report PSD-108-10 in which the Zoning By-law states that a Holding symbol may be removed once Council is satisfied that the lands and proposed uses will be adequately protected from any physical or man-made hazard or conditions associated with the lands; and, that as these conditions have been met, urging Council to ratify the by-law. (To advise of actions taken with respect to Report PSD-108-10 — Item 2 of Unfinished Business) D - 9 Jason Coulas expressing concern with the proposed rezoning of 680 Longworth Avenue from residential to commercial uses to permit the development of a food store; forwarding a photograph showing the view of the site from his residence which will be directly impacted; stating that he is against the typical commercial box stores with large parking lots; hoping the development will be inviting for people and blend well with the neighbourhood and include appropriate mature landscaping, green space, focus on walking and bicycling and high quality novel shops, if approved. (Correspondence referred to the Director of Planning Services) Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 4 as she is a former employee of Stats Canada and refrained from discussion and voting on this matter. } Council Meeting Minutes - 11 - October 4, 2010 D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Right Honourable Stephen Harper and the Honourable Tony Clement, Minister of Industry advising that on September 15, 2010, Regional Council adopted the following resolution pertaining to elimination of the 2011 Census Long Form Questionnaire: "THAT the Federal Government be advised that the Council of the Regional Municipality of Durham opposes the decision to eliminate the mandatory Census Long Form Questionnaire on the basis that it will compromise the Region's ability to effectively plan for its communities; THAT the Council of the Regional Municipality of Durham hereby requests the Honourable Tony Clement, Minister of Industry, and the Federal Government to reinstate the mandatory Census Long Form Questionnaire for the upcoming 2011 census; THAT a letter be sent by the Regional Chair with this resolution to the Prime Minister of Canada and the Minister of Industry; THAT this resolution be forwarded to the Region's MPs, MPPs and Area Municipalities for their information and support; and THAT this resolution be forwarded to all upper and single-tier municipalities in Ontario, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario, with the request that they formally support this resolution." Resolution #C-405-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Durham with respect to elimination of the 2011 Census Long Form Questionnaire be endorsed and that a copy of the resolution be sent to Bev Oda, MP, Durham. "CARRIED" Council Meeting Minutes - 12 - October 4, 2010 D - 5 Sher Leetooze expressing concern with the disappearance of Ontario's food production lands and the reliance of other countries to feed Canadian communities; advising that many residents in Bowmanville do not have space to put in a garden of any size and that the provision of garden allotments in Bowmanville and other areas of Clarington upon request would allow an opportunity for those who wish to be more self sufficient and to decrease their carbon footprint; acknowledging that the allotment program is not just a matter of simply providing vacant land for gardening but would require proper structure; and, offering to assist in formatting the responsibilities and management policies for the garden allotments. Resolution #C-406-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 5 from Sher Leetooze with respect to land for garden allotments be referred to staff and to the Clarington Agricultural Advisory Committee. "CARRIED" D - 10 Marilyn Pearce, Mayor, Township of Scugog, writing to the Honourable Bev Oda, Minister of International Cooperation requesting the Minister to investigate expanding the Community Futures Development Corporation(CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington in Durham Region; indicating that CFDC will be instrumental in supporting sustainable communities within Durham rural municipalities by providing assistance in developing sustainable communities through increased availability of financial services, business counselling and support for community economic development activities and by encouraging and providing regional and cross community collaboration between the rural municipalities. Resolution #C-407-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 10 from Marilyn Pearce, Mayor, Township of Scugog, with respect to expanding the Community Futures Development Corporation (CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington, be referred to the Chief Administrative Officer. "MOTION LOST" Council Meeting Minutes - 13 - October 4, 2010 Resolution #C-408-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 10 from Marilyn Pearce, Mayor, Township of Scugog, with respect to expanding the Community Futures Development Corporation (CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington, be endorsed. "CARRIED" COMMITTEE REPORT(S) Report#1 - General Purpose and Administration Committee Report September 27, 2010. Resolution #C-409-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of September 27, 2010 be approved, with the exception of Items #13 and #17. "CARRIED" Councillor Hooper stated a pecuniary interest with respect to Items 13 and 17 of Report #1 as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on this matter. Mayor Abernethy stated a pecuniary interest with respect to Items 13 and 17 of Report#1 as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on this matter. Deputy Mayor Novak chaired this portion of the meeting. Item #13 Resolution #C-410-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report FND-024-10 be received; THAT Council authorize exemption of local property taxes on the property in Clarington owned by the Clarington Branch 178 of the Royal Canadian Legion, pursuant to the Assessment Act R.S.O. 1990, ChapterA.31;Section 6.1(2); Council Meeting Minutes - 14 - October 4, 2010 THAT Staff request to the Region of Durham that the Regional portion of property taxes be exempted pursuant to Regional Report #2001-F-16 commencing in 2010; and THAT the By-law attached to Report FND-024-10 be executed by the Mayor and Clerk. "CARRIED Item #17 Resolution #C-411-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Municipal Staff, during the next term of Council, work together with the Royal Canadian Legion Branch 178, to assist, where possible, with their future financial challenges. "CARRIED" Mayor Abernethy resumed the Chair. STAFF REPORT(S) Resolution #C-412-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CLD-030-10 be received for information. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-413-10 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law Number 2010-035 "to assess and control the health effects of major emissions of fine particulate matter in the Town of Oakville" ("Oakville's FPM By-law"); WHEREAS TransCanada Energy has filed an application with the Ontario Superior Court of Justice seeking to quash Oakville's FPM By-law on the basis that the Town does not have the legislative authority to pass it, it was enacted in bad faith, and it is invalid due to its vagueness; Council Meeting Minutes - 15 - October 4, 2010 WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville with respect to the health effects of major emissions of fine particulate matter and the need for municipalities to regulate such emissions; WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by TransCanada Energy; THEREFORE BE IT RESOLVED.THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene as an added party in the application filed by TransCanada Energy; AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the 2011 budget deliberations. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Mayor Aberneth UNFINISHED BUSINESS Resolution #C-414-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-111-10 be received; THAT COPA 2010-0004, the Official Plan Amendment for a Neighbourhood Centre located on the northeast corner of Longworth Avenue and Scugog Street, Attachment 6 to Report PSD-111-10 be approved; THAT an open house with the residents to address urban design issues, in a format that includes a presentation, discussion of alternatives and question/answer session be held; THAT the zoning and site applications submitted by 1804603 Ontario Inc. continue to be processed by staff and that a further report be prepared following the open house; and Council Meeting Minutes - 16 - October 4, 2010 THAT the interested parties listed in Report PSD-111-10 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-415-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-108-10 be lifted from the table; THAT Report PSD-108-10 and Addendum to Report PSD-108-10 be received; That Staff facilitate a meeting between a representative from the Royal Bank and the Historic Downtown Bowmanville Business Improvement Area to develop a plan to mitigate impacts of the proposed relocation; THAT the Urban Design Principles, contained in Section 6.2 of Report PSD-108-10, be incorporated into the final design of the building and the site; THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to Report PSD-108-10 be passed; and THAT all interested parties listed in the Report PSD-108-10 and Addendum to Report PSD-108-10 and any delegations be advised of Council's decision. "CARRIED" BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-law 2010-128 as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on By-law 2010-128. Mayor Abernethy stated a pecuniary interest with respect to By-law 2010-128 as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on By-law 2010-128. Deputy Mayor Trim chaired the remainder of the meeting. Resolution #C-416-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2010-120 to 2010-132; Council Meeting Minutes - 17 - October 4, 2010 2010-120 Being a by-law to stop up and close as a public highway portions of road allowance and to authorize the conveyance of Parts 1 and 2 on Registered Plan 40R-25751 to Simon Tonkinson and Tracy Louise Tonkinson 2010-121 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle ((West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd.) 2010-122 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Brookfield Homes (Ontario) Limited) 2010-123 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kelly Adams) 2010-124 Being a By-law to adopt Amendment No. 78 to the Clarington Official Plan 2010-125 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle(Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone) 2010-126 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Developments Inc.) 2010-127 Being a By-law to amend By-law 87-15, being the Heritage Designation of Orono Town Hall 2010-128 Being a By-law to provide an exemption from property taxation (excluding local improvements and education taxes) to Branch 178 of the Royal Canadian Legion for the property taxation years 2010 to 2020, commencing January 1, 2010 and to repeal By-law 2001-044 2010-129 Being a By-law to amend By-law 2010-047 to allow for the transfer to 2055979 Ontario Inc. of lands more particularly described as Parts 2 and 4 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182 and 190 George Reynolds Drive, Courtice Council Meeting Minutes - 18 - October 4, 2010 2010-130 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Municipality of Clarington) 2010-131 Being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington (FCHT (Ontario) Holdings Corporation 2010-132 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Deepak Asrani); 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 considered under this Section of the Agenda. OTHER BUSINESS Councillor Trim provided a synopsis of projects undertaken by the Municipality over his 13 year tenure as a Member of both Clarington Council and Durham Regional Council. Councillor Trim expressed appreciation to Members of Council, staff and the citizens of Clarington. Mayor Abernethy and Members of Council extended best wishes to Councillor Trim on his retirement and to staff for their professional advice during this Term of Council. Mayor Abernethy and Councillors Hooper and Novak stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution#C-417-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2010-133, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4th day of October, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 19 - October 4, 2010 ADJOURNMENT Resolution #C-418-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 9:05 p.m. "CARRIED" MAYOR MUNICIPAL CLERK r�•n n l.•.LJ.LI it I,eadingtheWny Special Council Meeting Minutes OCTOBER 19, 2040 Minutes of a special meeting of Council held on October 19, 2010, at 11:30 a.m. in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster, attended until 12:47 p.m. Councillor R. Hooper, attended until 12:20 p.m. and returned at 12:42 p.m. Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo, attended until 12:50 p.m. Also Present: Acting Chief Administrative Officer and Director of Corporate Services and Human Resources, M. Marano Municipal Solicitor, A. Allison Manager of Transportation and Design, L. Benson Deputy Fire Chief, M. Berney Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 12:20 p.m and returned at 12:47 p.m. Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to the Presentation of Mark Berney, Deputy Fire Chief. Y Councillor Foster rose on a Point of Personal Privilege requesting clarification on exactly what would be discussed at today's meeting. Mayor Abernethy clarified that the focus of today's meeting would be public safety regarding delivery of fire services. Council Meeting Minutes - 2 - October 19, 2010 Resolution #C-419-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the rules of procedure be suspended to allow for the introduction of Report PSD-112-10. "CARRIED" Resolution #C-420-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report PSD-112-10 be received; THAT the request for Removal of Part Lot Control by Vermont Village Homes Limited with respect to Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 and Blocks 187 to 194 inclusive on Plan 40M-2332, be approved and that the by-law attached to Report PSD-112-10 be passed pursuant to Section 50 (7.1) of the Planning Act and a copy of Report PSD-112-10 be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-112-10 and any delegations be advised of Council's decision. "CARRIED" Councillor Hooper stated a pecuniary interest with respect to the Presentation of Mark Berney, Deputy Fire Chief, as he has been endorsed as a Candidate by the Clarington Fire Fighter's Association. He has not sought a legal opinion on this matter but is declaring an interest as a precaution. PRESENTATION Mark Berney, Deputy Fire Chief, Clarington Emergency & Fire Services, addressed Council providing an overview of the operations and service delivery of the Emergency & Fire Services Department. Through use of a PowerPoint presentation, Deputy Fire Chief Berney highlighted the legislative responsibility governing the provision of fire protection services, indicating that the Municipality of Clarington is in compliance with the education and fire prevention requirements of the Fire Protection and Prevention Act, 1997. Deputy Fire Chief Berney reviewed the composition of the department which includes full-time career firefighters, volunteer firefighters and Junior firefighters and advised that the success of the department is not determined by the type of personnel, but on their individual and collective ability to accomplish the department objectives and noted the community must determine the type of personnel to be utilized in the Fire Department. Council Meeting Minutes - 3 - October 19, 2010 Deputy Fire Chief Berney stated the Master Fire Plan was presented to Council in January 2004 and indicated the purpose of the study was to review the operations of the Fire Department and to set key objectives for the Department to develop and evolve in a growing municipality. He noted that between 2004 and 2008, the municipality has hired 13 firefighters, relocated Fire Station 4 and purchased an aerial truck and a SCAT truck. In September, 2008, the Master Fire Plan was updated and presented to Council. Since then, the process to relocate Station 2 has begun including Phase 1 - securing capital funds. Deputy Fire Chief Berney stated that progress on additional objectives will be decided by future Councils. He reviewed Provincial legislation and standards and Departmental policies governing firefighter safety and highlighted Clarington's firefighter training and development. Deputy Fire Chief Berney summarized by stating public safety is everyone's responsibility and that safety in Clarington is not in question. Resolution #C-421-10 Moved by Councillor Trim, seconded by Councillor Novak THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed for the purpose of discussing labour relations or employee negotiations. "CARRIED LATER IN THE MEETING" Councillor Foster rose on a Point of Order objecting to the meeting being closed as the purpose of the meeting was to discuss safety issues only. Mayor Abernethy overruled Councillor Foster's Point of Order. The foregoing Resolution #C-421-10 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Mayor Abernethy The meeting resumed in open session at 12:35 p.m. Council Meeting Minutes - 4 - October 19, 2010 The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #C-422-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Deputy Fire Chief M. Berney be thanked for his presentation. "CARRIED" Resolution #C-423-10 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS our community geography dictates that we are a composite fire department; WHEREAS the master fire plan provides a plan or guideline to continue improvements to service levels over time; WHEREAS both cost and growth factors have an impact upon the pace of implementation and the need for implementation steps each year; WHEREAS since the first master fire plan has been presented to Council 15 new staff have been hired in the fire services area and the spending on fire services from 2000 to 2009 has increased from $4.1 million to $9.1 million annually; WHEREAS the senior administration of the fire services have recognized expertise and the Clarington Fire Services has always been a qualified accredited service under the Office of the Fire Marshal of Ontario; THEREFORE NOW BE IT RESOLVED THAT the Deputy Chief (acting chief currently) be thanked for his presentation, clarifying the safety of our fire service response and updating on the current steps accomplished in the fire master plan to date; and THAT the continued progression of implementation of the master fire plan be referred to the incoming Council. "CARRIED LATER IN THE MEETING" Councillor Foster and Councillor Woo left the meeting. Council Meeting Minutes - 5 - October 19, 2010 The foregoing Resolution #C-423-10 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Mayor Abernethy BY-LAWS Resolution #C-424-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-134 being a By-law to exempt certain portions of Registered Plan 40M-2332 from Part Lot Control; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Councillor Hooper stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-425-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2010-135, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 19th day of October, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED Council Meeting Minutes - 6 - October 19, 2010 ADJOURNMENT Resolution #C-426-10 Moved by Councillor Robinson, seconded by Trim THAT the meeting adjourn at 12:55 p.m. "CARRIED" MAYOR MUNICIPAL CLERK { s Clan, On Council Meeting Minutes December 6, 2010 Minutes of the first meeting of Council held on December 6,2010, at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Solicitor, A.Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager, Communications and Marketing, J. Cooke Executive Assistant to the Mayor, L. Coutu Director of Planning Services, D. Crome Deputy Clerk, A. Greentree Director of Operations, F. Horvath Community Co-ordinator, H. Keyzers Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie The Municipal Clerk called the meeting to order and extended congratulations to Members of Council-Elect. Members of St. Therese Catholic Church Choir sang O'Canada. The invocation was given by Reverend Deb Foster. The Municipal Clerk administered the Oath of Office to Mayor-Elect Adrian Foster. Franklin Wu, Chief Administrative Officer, came forward to bestow the Chain of Office upon Mayor Foster. Council Meeting Minutes - 2 - December 6, 2010 The Municipal Clerk then administered the Oath of Office to the following: Ron Hooper - Local Councillor Joe Neal - Local Councillor Mary Novak - Regional and Local Councillor Wendy Partner - Local Councillor Corrina Traill Local Councillor Willie Woo - Regional and Local Councillor The Municipal Clerk declared the Council of the Municipality of Clarington for the term 2010 to 2014 to be organized and turned the first meeting over to His Worship Mayor Adrian Foster. REMARKS Regrets were expressed on behalf of Bev Oda, M.P., Durham. John O'Toole, M.P.P., Durham, addressed Council stating he appreciates the opportunity to bring greetings from"Queen's Park and extended congratulations to the newly-elected Members of Council. Mr. O'Toole advised that during the recent w Municipal Elections, he was aware of the issues and challenges facing Council, including the direct election of the Regional Chair, which he supports; the failure of the Province to extend Highway 407 east to Highway 35/115, which he will continue to k advocate for; expressed his commitment to work in partnership with Council regarding the Nuclear New Build and refurbishment projects which are important for infrastructure and local jobs; and noted the completion of the Environmental Assessment for the Energy-from-Waste Project as per the Terms of Reference questioning the timing of the announcement. Mr. O'Toole stated both he and Council serve the same public and that he is committed to working cooperatively together with Council. Mr. O'Toole stated that he is privileged to receive minutes of Clarington Council meetings and nearly entirely without exception he has supported Council's resolutions. Mr. O'Toole extended an invitation for all to attend his New Year's Levee to be held on Sunday, January 9, 2011, from 12:00 noon until 2:00 p.m. at the Clarington Beech Centre. Mayor Foster recognized Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board, Jane Rowe and Jim Schell, former Clarington Councillors and John Mutton, former Mayor of Clarington, who were in attendance this evening. INAUGURAL ADDRESS Mayor Foster welcomed everyone to the 128th Inaugural Session of Council of what is now the Municipality of Clarington. Mayor Foster introduced Clarington's 2010 - 2014 Members of Council comprised of Councillor Ron Hooper, Councillor Joe Neal, Councillor Mary Novak, Councillor Wendy Partner, Councillor Corinna Traill and Councillor Willie Woo. , Council Meeting Minutes - 3 - December 6, 2010 Mayor Foster referred to the Holy Trinity Catholic Secondary School Titans Football Team's recent win of the Metro Bowl, a victory accomplished while working as a team with trust and cooperation and expressed the importance of Members of Council, Clarington residents and Municipal staff working together as a team to create a common vision for the Municipality. He indicated that as one of Council's greatest resources, staff has over 3,000 hours of collective experience. Mayor Foster indicated that the Municipality, as the Eastern Gateway to the Greater Toronto Area, is an exceptional place with both urban and rural opportunities. The municipality has huge potential with the most shoreline of GTA communities and a dynamic local economy that will experience billions of dollars of future investment as a result of announced expansions to the nuclear industry and the expansion of the GO Train rail service. Mayor Foster expressed appreciation to Clarington residents for putting their trust in Council and that Council looks forward to working cooperatively with the public to unleash Clarington's potential. MOTION Resolution #C-427-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Jean-Michel Komarnicki be nominated as the Municipality of Clarington's appointment to the Land Division Committee. "CARRIED". Resolution #C-428-10 Moved by Councillor Partner, seconded by Councillor Neal THAT Councillors Ron Hooper, Mary Novak and Corinna Traill be nominated as the Municipality of Clarington's appointments to the Central Lake Ontario Conservation Authority. "CARRIED" Resolution #C-429-10 Moved by Councillor Neal, seconded by Councillor Partner THAT Councillor Ron Hooper be nominated as the Municipality of Clarington's appointment to Kawartha Conservation. "CARRIED" Council Meeting Minutes - 4 - December 6, 2010 Resolution #C-430-10 Moved by Councillor Traill, seconded by Councillor Hooper THAT Councillors Wendy Partner and Willie Woo be nominated as the Municipality of Clarington's appointments to the Ganaraska Region Conservation Authority. "CARRIED" Resolution #C-431-10 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS the Municipality of Clarington is a shareholder of VERIDIAN ' CORPORATION (the "Corporation") and pursuant to the shareholders' agreement relating to the Corporation dated September 28, 2001, is entitled to nominate 3 persons for election to the board of directors of the Corporation; AND WHEREAS the terms of the present 3 directors nominated by the Municipality terminate on December 31, 2010; NOW THEREFORE BE IT RESOLVED THAT Mayor Adrian Foster be nominated for the election of directors to the board of the Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012, provided, that his term shall terminate on the earlier of December 31, 2012 and the date he ceases to hold such office. "CARRIED" Resolution #C-432-10 Moved by Councillor Traill, seconded by Councillor Partner THAT Councillor Joe Neal be nominated for the election of directors to the board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012, provided, that his term shall terminate on the earlier of December 31, 2012 and the date he ceases to hold such office. "CARRIED" ; #i Council Meeting Minutes - 5 - December 6, 2010 Resolution #C-433-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Jim Schell be nominated for the election of directors to the board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. "TABLED" (See following motion) Resolution #C-434-10 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-433-10 be tabled until the General Purpose and Administration Committee meeting of December 13, 2010. "CARRIED" BY-LAWS CONFIRMING BY-LAW Resolution #C-435-10 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2010-136, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this first meeting held on the 6th day of December, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" 4 Council Meeting Minutes - 6 - December 6, 2010 ADJOURNMENT Resolution #C-436-10 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 7:42 p.m. "CARRIED" MAYOR MUNICIPAL CLERK S. z 4 r.E�rtn�.rh�w�y Special Council Meeting Minutes DECEMBER 8, 9, 10, 2010 Minutes of a special meeting of Council held on December 8, 9 and 10, 2010, at 8:00 p.m. at Viamede Conference Centre. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal attended December 8 from 8:00 p.m. to 10:20 p.m. and December 9 from 1:15 p.m. to 9:10 p.m. Councillor M. Novak Councillor W. Partner Councillor C. Traill attended until 1:15 p.m. December 9 Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison attended until 10:05 a.m. December 10 Director of Engineering Services, T. Cannella attended until 10:05 a.m. December 10 Director of Community Services, J. Caruana attended until 10:05 a.m. December 10 Executive Assistant to the Mayor, L. Coutu attended until 10:05 a.m. December 10 Director of Planning Services, D. Crome attended until 10:05 a.m. December 10 Administrative Assistant to the Councillors, J. Dauncey attended until 10:05 a.m. December 10 Director of Operations, F. Horvath attended until 10:05 a.m. December 10 Director of Corporate Services and Human Resources, M. Marano attended until 10:05 a.m. December 10 Executive Assistant to the Chief Administrative Officer, J. Pascoe attended until 10:05 a.m. December 10 Director of Finance/Treasurer, N. Taylor attended until 10:05 a.m. December 10 Director of Emergency Services/Fire Chief, G. Weir attended until 10:05 a.m. December 10 Municipal Clerk, P. Barrie The Special meeting of Council was convened for the purpose of providing an orientation session for the members of Council. Mayor Foster welcomed everyone and turned the meeting over to Franklin Wu, Chief Administrative Officer. Council Meeting Minutes .- 2 - December 8, 9, 10, 2010 Mr. Wu reviewed the agenda and logistics of the session. He provided a PowerPoint presentation outlining the Essence of Government, specifically, the role and duties of Council and the role of the Mayor and individual members of Council. Andrew Allison, Municipal Solicitor provided an overview of the Municipal Conflict of Interest Act. The Chief Administrative Officer continued with an overview of various pieces of provincial statutes, applicable policies, the Council decision-making model and confidentiality. Nancy Taylor, Director of Finance/Treasurer, provided information related to Councillors' liability and protection. Moved by Councillor Partner, seconded by Councillor Hooper THAT Council recess until 8:30 a.m., December 9, 2010. "CARRIED" The meeting recessed at 10:20 p.m. and reconvened at 8:30 a.m. f Patti Barrie, Municipal Clerk, presented an overview of Committee/Council meetings, highlighting the standing committee structure and key elements of the municipality's procedural by-law. This was followed by a video presentation regarding rules of procedure. A description and explanation of the various boards and committees to which appointments are made by Council was provided. The meeting recessed from 10:20 a.m. to 10:35 a.m. The Municipal Clerk and the Municipal Solicitor made presentations related to their departmental responsibilities. Moved by Councillor Woo, seconded by Councillor Partner THAT Council recess until 1:00 p.m. "CARRIED" The meeting recessed at 11:53 a.m. and reconvened at 1:15 p.m. Council Meeting Minutes - 3 - December 8, 9, 10, 2010 The Director of Finance/Treasurer and Marie Marano, Director of Corporate Services/Human Resources made presentations related to their departmental responsibilities. The meeting recessed from 3:20 p.m. to 3:40 p.m. The department presentations continued with David Crome, Director of Planning Services, Tony Cannella, Director of Engineering Services and Gord Weir, Director of Emergency Services/Fire Services providing their overviews. Resolution #C-437-10 Moved by Councillor Partner, seconded by Councillor Hooper THAT Council recess until 7:30 p.m. "CARRIED" The meeting reconvened at 7:30 p.m. Fred Horvath, Director of Operations and Joe Caruana, Director of Community Services made presentations related to their departmental responsibilities. Resolution #C-438-10 Moved by Councillor Woo, seconded by Councillor Partner THAT Council recess until 9:00 a.m., December 10, 2010. "CARRIED" The meeting recessed at 9:10 p.m. and reconvened at 8:45 a.m. The Chief Administrative Officer provided an ongoing business update, highlighting the strategic/business plan. The Director of Finance/Treasurer provided a financial health snapshot and described the 2011 budget process. The Chief Administrative Officer explained for Council's information various provincial/federal association affiliations, current legal agreements and staff resources r Council Meeting Minutes -4 - December 8, 9, 10, 2010 Resolution #C-439-10 Moved by Councillor Partner, seconded by Councillor Hooper THAT Council recess until 10:15 a.m.. "CARRIED" The meeting recessed from 10:05 a.m. until 10:15 a.m. The Chief Administrative Officer introduced W.D. (Rusty) Russell, Q.C. who provided information on the "Tricks of the Trade"for members of Council. Resolution #C-440-10 ,j Moved by Councillor Woo, seconded by Councillor Novak THAT Council recess until 1:00 p.m. "CARRIED" The meeting recessed at 12:05 p.m. and reconvened at 1:00 p.m. x Mr. Russell continued his presentation. CONFIRMING BY-LAW Resolution #C-441-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2010-137, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 8th, Stn and 10th day of December, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" r Council Meeting Minutes - 5 - December 8, 9, 10, 2010 ADJOURNMENT Resolution #C-442-10 Moved by Councillor Novak, seconded by Woo THAT the meeting adjourn at 2:40 p.m. "CARRIED" 4 MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS December 20, 2010 a) Don Igbokwe, Co-Chair, Durham Region Multi-faith World Religion Day Committee — Request for Proclamation of World Religion Day and for Waiver of Facility Rental Fees for January 16, 2011 (Correspondence Item D - 9) b) Jeremy Woodcock regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) C) Jim Richards regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) d) Jim Richards regarding Appointment to the Veridian Corporation Board of Directors (Item 2 of Unfinished Business) SUMMARY OF CORRESPONDENCE December.20, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Newcastle Community Hall Board dated July 20, and September 14, 2010. (Copies attached) 1 - 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated September 17, and November 19, 2010. (Copies attached) 1 - 3 Minutes of the Central Lake Ontario Conservation Authority dated September 23, and November 16, 2010. (Copies attached) 1 - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated October 12, 2010. (Copy attached) 1 - 5 Minutes of the Clarington Heritage Committee dated October 19, 2010. (Copy attached) 1 - 6 Minutes of the Ganaraska Region Conservation Authority dated October 21, 2010. (Copy attached) 1 - 7 Minutes of the Clarington Accessibility Advisory Committee dated October 6, 2010. (Copy attached) . 1 - 8 J. Robert S. Prichard, Chair, Board of Directors, Metrolinx, announcing that effective September 4, 2010, he became the Chair of the Board of Directors of Metrolinx succeeding Rob Maclssac, founding Chair; extending appreciation to Mr. Maclssac for leading the development of Metrolinx's Strategic Plan and the Merger of Metrolinx and GO Transit; also announcing that effective September 4, 2010,.Bruce McCuaig became the new President and Chief Executive Officer of Metrolinx following the unanimous recommendation of the Board of Directors; and, indicating that as Chair, he will remain actively involved in the leadership and strategic directions of Metrolinx supporting Bruce McCuaig and his Senior Management Team. Summary of Correspondence - 2 - December 20, 2010 1 - 9 John R. O'Toole, MPP, Durham, expressing disappointment with Minister Bartolucci's response regarding the Municipality's resolution calling on the Province to cover the costs of.appeals to the Ontario Municipal Board (OMB) resulting from policies in the Places to Grow Act, as the Minister provides no solution to the costs being incurred by municipalities who are forced to defend the provincial legislation at the OMB; and, indicating he will continue to raise the issue at Queen's Park. 1 - 10 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, writing to Mayor Marolyn Morrison, Greater Toronto Area Countryside Mayors' Alliance, thanking Mayor Morrison, Mayor Margaret Black and Mayor Marilyn Pearce for meeting with his predecessor, the Honourable Jim Bradley at the Association of Municipalities of Ontario Conference in Windsor; indicating that he shares Minister Bradley's interest in the Economic Analysis Study undertaken by the Greater Toronto Countryside Mayors' Alliance and looks forward to receiving a draft of the report and that he appreciates being apprised of the challenges faced by municipalities in the fringe of the GTA particularly regarding the impact of rural and farm property taxations; and, that he will advise the Honourable Dwight Duncan, Minister of Finance of the concerns raised. 1 - 11 The Honourable Deb Matthews, Minister of Health and Long-Term Care and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, acknowledging the growing concern with respect to bed-bug infestations in communities across the Province; advising that the Province has various measures in place to help combat concerns such as bed bugs and that in addition, municipalities are authorized to adopt by-laws that prescribe standards for the maintenance and occupancy of property and that public health units have the authority to prevent, eliminate and decrease the.effects of health hazards within.their jurisdictions; and, requesting Council's support in ensuring appropriate measures exist at the local level to tackle the apparent increase in bed bug infestation and encouraging municipalities to focus on prevention and education in order to reduce the number of people affected. 1 - 12 Scott Vokey, Energy Services Coordinator, Association of Municipalities of Ontario (AMO), writing further to Council's resolution requesting AMO's support for a moratorium on wind turbines; advising AMO continues to support the creation of an independent academic chair to review the impacts of renewable energy facilities on the natural environment and human health including, but not limited to, low frequency noise, electrical and electromagnet disturbances, s' Summary of Correspondence - 3 - December 20, 2010 meteorology and any other perceived effects on human health and the natural environment; and, providing information on three important initiatives addressing those concerns including the publication of the Ministry of the Environment's "Provincial Approvals for Renewable Energy Projects" Guide; the review of existing scientific evidence on the potential health impact of noise generated by wind turbines technical working group and the award of the Ontario Research Chair in Renewable Energy Technologies and Health to Dr..Siva Sivoththaman, University of Waterloo whose research program will develop new technical approaches and provide guidelines in setting standards to ensure health and safety in the manufacturing, use and end-of-life phases of renewable energy technologies. 1 - 13 Mary Tillcock, Organizer, Terry Fox Run, extending appreciation to Members of Council and staff for their support of the Annual Terry Fox Run from the planning stages of the Run through to Run Day; thanking the municipality for being a significant community partner; and, advising that early results for Clarington indicate that the 30th Anniversary of Terry's Marathon of Hope has raised over$73,000 for cancer research through the efforts of over 1000 participants which is a tribute to the generosity and community spirit of Clarington residents who take the time each year to follow Terry's example. 1 - 14 John R. O'Toole, MPP, Durham, writing to Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, acknowledging the immense and undue burden the estimated $255 million in road expansion and $90 million in road maintenance will place on the Region of Durham as a result of the province's failure to fulfill its commitment to complete the Highway 407 extension; advising he continues to bring this issue to the forefront of discussion in the legislature and will continue to raise this important issue at Queen's Park; and, enclosing the Hansard of his statement on Durham Day. 1 - 15 John R. O'Toole, MPP, Durham, forwarding a copy of the Honourable Carol Mitchell, Ministerof Agriculture, Food and Rural Affairs' response to his letter of support for Durham Region's application to Rural Connections 2020 for broadband funding; advising the Province shares his views regarding the need for high-speed internet access and is looking toward a more prosperous future for rural Ontarians by investing in broadband infrastructure; and, indicating that he will continue to work to ensure that broadband services for the Municipality of Clarington will remain a priority and.that he will work to hold the government to keep its promises of bringing high speed internet to rural communities throughout Ontario. Summary of Correspondence - 4 - December 20, 2010 1 - 16 Bill Robinson, Executive Vice President, Nuclear Refurbishment, Projects & Support, Ontario Power Generation (OPG) advising that OPG is providing early notification to the community and interested stakeholders and initiating some of the environmental studies that will be required for the Environmental Assessment for the refurbishment and continued operation of the Darlington Nuclear Generating Station Project; indicating that the refurbishment activities are assumed to begin as early as 2013 and continue for approximately 10 to 12 years and that after each reactor is refurbished and returned to full power, it will continue to operate for another 25 to 30 years, with routine scheduled maintenance and inspections; and, indicating that as the project evolves, OPG will be seeking input through a range of information sharing and engagement opportunities. Further information is available by contacting Donna Pawlowski, Manager, Social Aspects— Environmental Assessment at 905-837-4540, ext. 5201. 1 - 17 J. W. Tiernay, Executive Director, Ontario Good Roads Association, (OGRA) forwarding a Nomination/Consent form for the 2011-2012 OGRA Board of Directors for OGRA municipal members interested in being considered as candidates for positions on the Board of Directors. The Nomination/Consent form, along with a resume, is to be submitted to the.Chair of the Nominating Committee for consideration. 1 - 18 Rita Kostyan, Planner, The Biglieri Group Ltd., writing on behalf of SBA Canada, ULC, as a follow up to the Public Information Session held November 2, 2010, regarding the proposed communication tower at 3585 Concession Road 5 in Orono; providing responses to four underlying questions or concerns communicated at the public meeting regarding the effects on public health and safety, property values, sightlines and effects on existing television and cell phone signals; and, advising that towers do not pose a health risk since they all abide by Health Canada's Safety Code 6, which is federally regulated; there has been no proof that communication towers affect property values; indicating that tower locations were chosen according to radio frequency requirements and that SBA Canada has worked with landowners to determine the proposed tower locations and is unable to reposition the proposed communication tower; and, that the proposed tower will not have an impact on existing cell phone reception/service or television reception. Brochures entitled "Radiocommunication Towers, Environmental Assessment and Safety Code 6: Frequently Asked Questions" and "Safety of Cell Phone Towers" were attached to the correspondence. Summary of Correspondence - 5 - December 20, 2010 1 - 19 Cheryl Green, Durham Region Diabetes Network(DRDN), expressing appreciation to Council for proclaiming November 14, 2010 as "World Diabetes Day" and advising that throughout the year, DRDN will continue to provide residents of Durham with diabetes awareness, education and assistance through programs, support groups and other community events. 1 - 20 Petra Wolfbeiss, Senior Policy Advisor, Association of Municipalities of Ontario (AMO) advising that on November 30, 2010, the Minister of Community and Social Services announced that it will not proceed with its 2010 budget decision to eliminate the Special Diet Allowance available to people receiving Ontario Works (OW)and Ontario Disability Support Program (ODSP); indicating that this decision may impact municipalities who have removed the SDA costs in their budget planning for 2011 and that Special Diet Allowance recipients will now be required to reapply for the allowance resulting in an administrative impact on municipal staff; and, requesting the government to consult with AMO and municipalities as they undertake changes to the special diet allowance and consider future changes to social assistance in Ontario.to'ensure that those in need of support because of medical conditions are not unfairly impacted by any provincial policy changes. 1 - 21 Doug Bain, Local Area Supt, Canada Post, advising that the Newtonville Postal Outlet on Highway 2 will no longer be in operation; indicating a contingency plan has been developed to service area residents and that counter services are available in Newcastle and Kendal and call for items or customer.pick up product will be diverted to Kendal, approximately 5 km north on Newtonville Road; and, that a review will take place to determine the requirements in the area and the financial viability of service requirements. 1 - 22 John R. O'Toole, MPP, Durham, forwarding a copy of his statement in the Legislature regarding the province's unilateral changes to Durham Region's official plan resulting in the elimination of 155 hectares of 1; developable employment lands in Clarington; expressing disappointment that the manner in which the change was made prevented Council from filing an appeal; and, indicating that he has called on the Government to give the new Clarington Council an extension to the appeal deadline to assess and appeal the decision arbitrarily made by the-government. Summary of Correspondence - 6 - December 20, 2010 1 - 23 John R. O'Toole, MPP, Durham, forwarding a copy of his statement in the Legislature regarding the Premier's failure to live up to his promise of completing the Highway 407 extension the entire way to Highway 35/115; indicating that by not completing the 407 extension as promised, the government is costing residents jobs, costing businesses and the Region tens of millions of dollars and will increase taxes for maintenance and work that will be required; and, indicating that the 407 extension is important to the economic future of Clarington and that it is imperative that the government is held accountable to working towards having the 407 extended to Highway 35/115. 1 - 24 Bruce McCuaig, President and Chief Executive Officer, Metrolinx, forwarding a copy of the 2009-10 Annual Report and Audited Financial Statements for Metrolinx. 1 - 25 John R. O'Toole, MPP, Durham extending an invitation to the Mayor and Members of Council and to the public to attend his annual levee on January 9, 2011 from 12:00 p.m. to 2:00 p.m. at the Clarington Beech Centre featuring official photos from the.Queen's 2010 Visit to Ontario; and advising that he is also hosting a levee in Uxbridge at the Royal Canadian Legion from 3:00 p.m. to 5:00 p.m.; and requesting that Members of Council RSVP to his office at 905- 697-1501 1 - 26 The Honourable Gary Goodyear, P.C., M.P., Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) (FedDev Ontario) writing to Her Worship Marilyn Pearce, Mayor of the Township of Scugog, regarding a request for investigation into the expansion of the Community Futures Development Corporation (CFDC) services for the rural municipalities of Durham Region; indicating that he has requested FedDev Ontario to examine the issue of communities that are not currently served by any of the CFDC's in southern Ontario and to provide possible recommendations; and, advising that he is committed to contributing to the Federal government's overall goal to build a stronger Canada, a stronger economy and to build upon the strength of southern Ontario. 1 - 27 Correspondence has been received from the following individuals objecting to the proposed "Energy-From-Waste" facility (a) Louis Poirier (b) Barry Dutton Summary of Correspondence - 7 - December 20, 2010 1 - 28 Dan Mathieson, Chair, Municipal Property Assessment Corporation (MPAC) providing an overview of MPAC's activities undertaken in support of the recent elections including a number of improvements to the enumeration process for 2010, the delivery of the Preliminary List (PLE).and Voter Notification File (VNF); indicating that MPAC is now processing Voters' List revisions received from municipalities and is committed to processing these forms by March 31, 2011; and, that MPAC is also continuing its outreach to municipalities with the delivery of the Municipal Status Report— Enumeration which provides key Enumeration metrics at both the provincial and municipal level. 1 - 29 Mayor John Henry, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, regarding the urgent issue of the phasing of the Highway 407 East Extension and briefing notes from his meeting on November 23�d with the Honourable Kathleen Wynne, Minister of Transportation, advising that a two-phased approach will have crippling impacts on Durham Region and the City of Peterborough; and, requesting that the Province amend the RFP for the proposed Highway 407 East extension to include the entire section from Brock Road North to Highway 35/115, requesting the Federal and Provincial governments to honour their commitments solidified by the FLOW agreement and build the extension in one phase by 2013 and to request the Province to reallocate the $8.15 billion previously set aside for Toronto's LRT to the Highway 407 East Extension Project. CORRESPONDENCE FOR DIRECTION D - 1 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Young Volunteers, a program to recognize and honour young volunteers between the ages of 15 and 24, who through their actions and dedication have improved the quality of life in their communities, their province, their country, and even around the world. Nomination forms are available on line at www.ontario.ca/honoursandawards or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is January 31, 2011. (Motion to direct the Municipal Clerk to place information on the Municipal website) Summary of Correspondence - 8 - December 20, 2010 D - 2 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising 2011 will mark the 25th Anniversary of the Volunteer Service Award (VSA) Program, a long-standing Ontario tradition recognizing volunteers from all sectors of the community; inviting participation in the Programs for 2011 by nominating volunteers and providing an opportunity to thank them in a significant way by ensuring they receive the recognition they so deserve; and, indicating that nomination forms and additional information are available on the Ministry of Citizenship and Immigration's website at www.ontario.ca\honoursandawards. The deadline date is January 25 of each year. All nominations received after the deadline will be considered for the following year. (Motion to direct the Municipal Clerk to place information on the Municipal website) D - 3 Jo-Anne McFarland, Clarington Polar Bear Swim Committee, requesting approval for members of Clarington Fire Station 2 to attend the 11 t Annual Clarington Polar Bear Swim, an annual event where participants go for a "swim" in Lake Ontario on New Year's Day, to raise awareness of the urgent need for organ and tissue donations and to raise awareness and support for liver disease research. Through sponsorship and pledges, the Clarington Polar Bear Swim has consistently been able to raise approximately $6,000 per year for the past six years, bringing their total money raised to date to $34,500 in support of the Sick Kids Foundation and directed to research for pediatric liver disease. (Motion to approve request) D - 4 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, writing to Franklin Wu, Chief Executive Officer, Municipality of Clarington, advising of the Board of Trade's attendance at the Canadian Nuclear Conference in Ottawa in February 2010 which was an extremely valuable opportunity.for the Board to showcase Clarington and to help build strong relationships with business leaders in the nuclear industry and their supply chain; indicating that the nuclear industry is the Board's prime target group for business attraction; requesting Council's support in funding the Summary of Correspondence - 9 - December 20, 2010 Clarington Board of Trade's attendance at the 2011 Conference on February 23 to 25, 2011; and, forwarding a copy of the expenditure list including Option A in the amount of$8,805, Option B in the amount of$12, 805 and option C in the amount of$14,855. (Motion to receive correspondence dated December 6, 2010, from Sheila Hall, Executive Director of the Clarington Board of Trade with respect to the request for financial assistance to participate at the upcoming Canadian Nuclear Association Conference; to approve Option B in the amount of$12,805 to be drawn from the Economic Development Reserve Account; and, that Sheila Hall be advised of Council's decision.) D - 5 Mike Finnegan, Chair, Durham Deaf Accessibility Committee, a Committee established by local Deaf leaders with concerns about accessibility in Durham Region who actively participate in lobbying for improved services and a more accessible lifestyle for deaf people; hoping that Council will keep in mind accessibility issues when addressing local concerns in light of current legislation such as the Accessibility for Ontarians with Disabilities Act; and; proposing issues in need of improvement for better accessibility for deaf and hard of hearing residents living in the Durham Region. (Motion to refer correspondence to the Clarington Accessibility Advisory Committee) D - 6 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism, advising of the Paul Yuzyk Award for Multiculturalism commemorating the pioneering legacy and achievements of the late Senator Yuzyk in the area of multiculturalism; indicating the award acknowledges and honours individuals who have made exceptional contributions to multiculturalism and diversity and includes a $20,000 grant to be given to an eligible, registered not-for-profit Canadian organization or association of the recipient's choice. Nominations are being accepted until March 1, 2011. Further details are available at www.cic.qc.ca/paulyuzyk. (Motion to direct the Municipal Clerk to place information on the Municipal website). Summary of Correspondence - 10 - December 20, 2010 D - 7 Alan Cornthwaite, Recording Secretary, Bowmanville and District Navy League requesting permission for Cadet tagging days on April 22, 23 and 24 and September 23, 24 and 25, 2010 and advising one of the aims of the Sea Cadet Program is to develop good citizenship and that tagging is an opportunity to exhibit the Cadets to the community and to raise funds for the Cadet program. (Motion to approve tag days for April 22, 23, 24 and September 23, 24, 25, 2011) D - 8 Kathryn Roka-Ulrich, Sweetheart Dance Committee Chair, advising that on February 12, 2011, the Sweetheart Dance Committee will be hosting a fundraising dance in support of the Memorial Hospital Foundation — Bowmanville, at the Garnet B. Rickard Recreation Complex and requesting the facility rental fee be waived as to reduce costs associated with the event. (Motion for Direction) D - 9 Donald Igbokwe and Rev. Larry Doyle, Co-chairs, Durham Region Multi-faith World Religion Day Committee, 2011, advising 2011 marks the 5th year of celebrating World Religion Day in Durham, a day to foster the establishment of interfaith understanding and harmony by emphasizing the common denominators underlying all religions; indicating that over 12 faith groups will be participating at this celebration tentatively scheduled to take place at the Garnet B. Rickard Recreation Complex on January 16, 2011; requesting that Council proclaim January 16, 2011 as "World Religion Day" and that the facility rental fees be waived for the use of the hall. (Motion for Direction) D - 10 Marolyn Morrison, Mayor, Town of Caledon, forwarding the following resolution to Mayors of the Greater Toronto Countryside Mayor's Alliance for consideration regarding the Government's current review of the Provincial Policy Statement (2005): 'WHEREAS the Government of Ontario is undertaking a review of the Provincial Policy Statement, 2005 (PPS)to determine the need for revisions; AND WHEREAS the 2006 Provincial Policy Statement (PPS) focuses exclusively on land and does not consider the vitality and economic sustainability of the agricultural and rural community, Summary of Correspondence - 11 - December 20, 2010 AND WHEREAS the PPS provides province-wide policy direction for land use planning and development which has an important influence on the type, character and well-being of agricultural communities in Ontario and in the Greater Toronto Area (GTA); AND WHEREAS further improvements to the PPS would support the long-term sustainability of agriculture in the GTA; NOW THEREFORE BE IT RESOLVED THAT the Greater Toronto Area Countryside Mayor's Alliance Chair write to the Minister of Municipal Affairs and Housing requesting revisions to the Provincial Policy Statement's agriculture policies to address policy gaps related to economic development, regional food systems planning, natural heritage and the protection of agricultural lands with the purpose of providing greater flexibility and support for the agricultural and rural economy." (Motion for Direction) D - 11 Bob Gleeson writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing concern with the proposed closure of Ontario's Air Ambulance Service provider's (ORNGE) Toronto base and it's relocation to Hamilton; indicating that the move will decrease a. patient's chance of surviving a serious injury or heart attack where every second is needed to facilitate a patient's survival, will increase response times.and place lives in jeopardy; stating he feels that it is important to keep this essential service in the Greater Toronto Area and suggesting that Pearson International Airport or the Oshawa Airport be considered as the base locations; and, requesting that all Mayors and Councils, the Premier and Members of Provincial Parliament adopt resolutions to support the residents of the areas serviced by ORNGE's Toronto base in condemning ORNGE's move of this crucial and essential service to Hamilton. (Motion for Direction) D - 12 Paul Johnson, President, Ontario Good Roads Association (OGRA) advising that Pelmorex, the parent company of The Weather Network, is making application to the Canadian Radio-television and Telecommunications Commission (CRTC)to keep The Weather Network on basic cable and advising that Pelmorex is seeking support in this matter; attaching correspondence to the CRTC advising that the removal of The Weather Network from basic cable Summary of Correspondence - 12 - December 20, 2010 could affect public safety as staff provide information to the Weather Network for winter roads reports, that OGRA members use weather information available from radio and television including The Weather Network to plan winter maintenance strategies for upcoming storm events, and that The Weather Network provides local forecasts including storm watch and warnings to communities across the province as public service announcements; and, requesting that Council send a letter to the CRTC in support of The Weather Network's application. (Motion for Direction) D - 13 John R. O'Toole, MPP, Durham, forwarding information on the Leading Girls Building Communities Award, an award to recognize girls under the age of 18 who demonstrate exceptional leadership in working to improve the lives of others in their schools or communities and requesting Council to provide the names of suitable candidates for consideration to Mr. O'Toole by January 7, 2011 to meet the nomination deadline,of January 28, 2011. (Motion for Direction) D - 14 Ed Kennedy, President, Toronto Professional Fire Fighters' Association requesting support of the following resolution: "WHEREAS the Highway of Heroes plays a significant role honouring our fallen Canadian Servicemen and women who are serving Canada overseas; AND WHEREAS it is recognized that the Highway of Heroes provides a remarkable venue for Canadian citizens and our fellow brothers & sisters, along with Police & EMS to pay tribute to our fallen Servicemen and women; AND WHEREAS the Highway of Heroes has become a significant a component of Canadian culture as a means to celebrate, honour, recognize and support fallen Servicemen and women and their families; THEREFORE the Toronto Professional Fire Fighter's Association unanimously endorses the production of a Canadian coin depicting the image of Canadians honouring our fallen Servicemen and women from bridges that span the Highway of Heroes; AND FURTHER supports the circulation of this endorsement to representatives of other Fire Fighter Associations across Canada in support of this initiative; Summary of Correspondence - 13 - December 20, 2010 .AND FURTHER respectfully requests that it is made known to the Royal Canadian Mint that the Toronto Professional Fire Fighter's Association encourages the Royal Canadian Mint to produce a coin recognizing the Highway of Heroes; AND encourages all members of the Toronto Professional Fire Fighter's Association to'contact their MPs and sign the online petition (www.petitiononline.com/hhyohl23/petition.html) and to send a written letter to the Royal Canadian Mint supporting the development of a commemorative Highway of Heroes coin." (Motion for Direction) D - 15 Martin de Rond, Director of Legislative&Information Services/Clerk, Town of Ajax, writing to the Central East Local Health Integration Network, advising that on July 8, 2010, the Town of Ajax adopted the following resolution pertaining to health care services: "THAT the Council of the Town of Ajax supports a single hospital corporation for all communities within Durham Region; and, THAT the Central East Local Health Integration Network be requested to explore how this goal might be best achieved to serve the residents of Durham Region; and, THAT all municipalities in Durham Region and the CELIHN be so advised." (Motion for Direction) D - 16 Deb Bowen, AMCT, Deputy Clerk, Regional Municipality of Durham, providing an overview of the Durham Trail Coordinating Committee, a Committee established to expand, enhance and promote a public Regional Health Trail Network supporting active and healthy lifestyles; forwarding the Committee's Terms of Reference describing activities to facilitate the implementation of the Regional Trail Network; and, requesting that Council nominate one Regional Council Member(or a Local Councillor if unable to appoint a Regional Councillor) and one citizen member for appointment to the Committee. (Motion for Direction —Applications received have been circulated confidentially under separate cover) Summary of Correspondence - 14 - December 20, 2010 D - 17 Dave and Roberta Patterson, requesting Council to amend the Street Naming Policy to allow the poppy symbol to remain on Corporal Patterson Lane. The correspondence indicates that their son, Corporal Daniel Patterson, is a Canadian Citizen serving with the United States Marine Corps, is an Honourary Member of the Royal Canadian Legion Branch 178 Bowmanville, and was a resident of Clarington when he returned from war in 2003. Mr. & Mrs. Patterson state that the poppy represents a Veteran, not a Country and are hoping that Clarington's Street Naming Policy will be more inclusive so that future Canadian Veterans, serving any military, will be included. (Motion for Direction) s MUNICIPALITY OF CLARINGTON _ NEWCASTLE COMMUNITY HALL BOARD Meeting of the Newcastle Community Hall Board on July 20, 2010 at 7 pm in the Council Chambers. Present Were: P. DeJong(chair) S. DeJong C. Abraham G. Robinson(councillor) B. Snowdon L. Franssen Regrets From: C. Trim MINUTES 1.1 Motion S. DeJong, seconded by G Robinson That minutes of May 2010 be accepted as circulated. "Carried" BUSINESS ARISING 2.1 Fiddlers have agreed to our terms and will be having first dance Sept 15 2010. 2.2 Model Train group has agreed to terms and will be arriving at the end of August. Basement will need to be cleaned up before then. 2.3 Gas stove will go to Region of Durham auction in September. 2.4 Jean from Horticultural Society has asked that trees in front of hall be pruned. Set UP with Operations Dept to have this done. 2.5 Woudstra wedding in August has cancelled. Motion by S.DeJong, seconded by C. Abraham That a refund of 100% of Friday's fee and 50% of Saturday's fee be given. "Carried" CORRESPONDENCE 3.1 Nomination for Clarington Blooms has been received for the gardens. BILLS 4.1 Motion by C. Abraham, seconded by S. DeJong That bills for supervision $50.00 P. DeJong, $1044.00 S. DeJong by paid as presented. "Carried" Page 2 NEW BUSINESS 5.1 Emerald Auction has paid their overdue account and booked another auction. 5.2 Discuss funeral receptions with NFH 5.3 Discussed taking lead with Village Concerts Motion by C. Abraham, seconded by G. Robinson That Newcastle Hall Board take the lead and retain committee presently organizing Village Concerts. "Carried" 5.4 Check records for details on Bowling Association start up. 5.5 No August meeting. 5.6 Discussed having celebration dinner for C. Trim for the years he has served on Board. Tentatively set for September. Director of Operations to be invited. Adjourned 7:30 pm MUNICIPALITY OF CLARINGTON NEWCASTLE COMMUNITY HALL BOARD Special meeting of the Newcastle Community Hall Board on September 14, 2010 at 7 pm in the Council Chambers. Present Were: P. DeJong(chair) S. DeJong B. Snowdon L. Franssen G. Bell (secretary) Regrets From: C. Abraham C. Trim G. Robinson Meeting was called for presentation of landscape concept plan by Horticultural Society Present were Jeanie Barrett and Mary Thornley representatives of Horticultural Society and Fred Horvath—Director of Operations for Municipality All parties reviewed the conceptual plan prepared by the architectural firm. Motion by Sid DeJong, seconded by Brent Snowdon That the Newcastle Board supports landscape concept plan as presented and agrees to enter into a collaborative agreement with Newcastle Horticultural Society and the Municipality of Clarington for purposes of submitting to Ontario Trillium Foundation. "Carried" Motion by Linda Franssen, seconded by Brent Snowdon That Newcastle Hall Board will contribute up to $25000.00 for construction of patio on west side of patio. "Carried" Motion by Linda Franssen, seconded by Brent Snowdon That Newcastle Hall Board shall participate in coordinated fundraising with groups such as Masons,Lions,BIA,Horticultural Society, etc. for the purposes of raising funds for the Heritage Garden project. "Carried" Director of Operations recommends a meeting with Trillium week of Oct 4. Pete DeJong to attend. Schedule presentation of plans to invited community groups on October 12. Page 2 Ensure letter drafted for Lions for their Oct 6 meeting. Draft letter for Trillium foundation from Newcastle Board in support of project. Motion to adjourn at 8:10 pm by S. DeJong, seconded by B. Snowdon. "Carried" DURHAM NUCLEAR HEALTH COMMITTEE (DNHC) MINUTES OF MEETING 1 - 2 LOCATION Courtice Community Complex 2950 Courtice Road ,7 Meeting Room A Clarington, Ontario DATE September 17, 2010 OCT 1 u 20 TIME 1:00 PM HOST Darlington Nuclear z MEMBERS Dr. Robert Kyle,Durham Region Health Department(DRHD)(Chair) Ms. Mary-Anne Pietrusiak, DRHD Mr. Raphael McCalla, Ontario Power Generation(OPG) Dr. Dave Whillans, OPG Dr. Tony Waker,UOIT Ms. Lorraine Weigel,Public Member Dr. Batty Neil, Public Member Mr. Alex Heydon,Public Member Mr. Hardev Bains, Public Member Mr. Carl Ferencz,Public Member PRESENTERS/ Mr. Brian Devitt,DRHD, (Secretary) OBSERVERS Mr. Don Terry, OPG, (Presenter) Ms. Liette Lemieux, OPG, (Presenter) Ms. Tho-Dien Le, OPG, (Presenter) Mr. John Peters, OPG(Presenter) Mr. Allan Webster, OPG T13,0 Ms. Cate Martin OPG G j Mr. Jonathan Liberda, OPG EV Mr. Kevin Bundy, Canadian Nuclear S Commis (Presenter) a,.tr To ❑ FILE . Ms. Judy Herod,Atomic Energy of Canada L id (�6P ,IN (Presenter) COPY TO: Ms. Janice Szwarz, Municipality of Clar mgWXLR ❑ ME.,1AaEFS ❑ CAO Dr. Hong Ge,DRHD OF COUNCIL ❑ COW MUNITY ❑ CORPGRATE ❑ EMERGENCY SERVICES SERVICES SERVICES REGRETS Mr. Frank Bajurny;Public Member ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS Ms. Norma Drummond, Public Member SERVICES CLERK'S ❑ PLANNING ❑ SOLICITOR ❑ TREASURY Mr. Jansen Wu, Public Member SERVICES ❑ OTHER MUNICIPAL CLERK'S FILE Robert Kyle opened the meeting, welcomed everyone and thanked Don Terry on behalf of Darlington Nuclear for hosting the meeting today. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted 2.0 Adoption of the DNHC Minutes of the June 18, 2.010 meeting The Minutes were adopted as written. s 3.0 Correspondence 3.1 Robert Kyle's office received the minutes of the Pickering Nuclear Generating Station Community Advisory Council for May 18, 2010. 3.2 Robert Kyle's office received .a report from the Nuclear Waste Management Organization(NWMO)Moving Forward Together:Process for Selecting a Site for Canada's Deep Geological Repository for Used Fuel dated May 2010. 3.3 Robert Kyle's office received a newsletter Pickering Nuclear Neighbours dated June 2010. 3.4 Robert Kyle's office received a notice from Don Terry, Manager, Public Affairs at Pickering Nuclear, concerning the announcement by the Canadian Nuclear Safety Commission (CNSC) granting a three-year licence renewal to Pickering A dated June 29,2010. 3.5 Robert Kyle's office received a report from the Municipality of Clarington written to the Joint Review Panel concerning the proposed Darlington New Nuclear Project dated June 29, 2010. 3.6 Robert Kyle's office received a newsletter from the NWMO dated July 2010. 3.7 Robert Kyle's office received news releases from the Atomic Energy of Canada Limited concerning the restart of the NRU at their Chalk Lake Laboratories dated August 18,20 and.25,2010. 3.8 Robert Kyle's office an invitation and agenda to attend the McMaster University's International Symposium on Human Health and the Biological Effects of Tritium in Drinking Water scheduled for August 26 and 27, 2010. 3.9 Robert Kyle's office a letter from Wayne Robbins, Chief Nuclear Officer of OP.G, concerning the successful Vacuum Building Outage conducted at Pickering Nuclear involving 6,000 employees who completed 30,000 tasks on budget and ahead of schedule. The letter was dated September 1, 2010. 2 4.0 Nuclear Power/Environmental Issues 4.1 Report on Darlington Nuclear and the Tritium Removal Facility Liette Lemieux, Manager, Human Performance.at Darlington Nuclear, provided a presentation about the Darlington Nuclear Generating Station. The highlights of Liette's presentation were: • Darlington's first priority is public and employee safety and is measured by: o Ongoing monitoring and measuring of emissions o Public exposure of less than 1% of the CNSC regulatory limit o Focus on reducing employee injuries and severity o Surpassed 7.5 million hours without a lost time injury o Received the .Infrastructure and Health Association ZeroQuest Platinum Award • Darlington's environmental commitment includes: o Thirteen years of certification to ISO 14001 Environmental Management Systems o Wild Life Habitat Council certification o 2009 Wildlife Habitat Council CEO Award for conservation, education and outreach o Community programming and partnership that supports environmental education initiatives • Darlington's commitment to the community includes: o Earn and maintain the trust of the community o Communicate openly and transparently o Maintain the public information centre, Neighbours newsletter and community programs o Encourage employees to be active in the local community • Darlington's reliable performance in 2009 was measured by: o Generation of electricity was approximately 20%of Ontario's demand • Capacity Factor was 85.93% • Forced Loss Rate was 1.64% • Completed the Vacuum Building Outage successfully • Validation.of performance is with industry benchmarking • Darlington's Business Plan for 2010 includes: o Support for Pickering's Vacuum Building Outage o Unit.4 outage was completed as scheduled o Unit 2 is scheduled for the fall of 2010 o The Employee Charity Campaign is underway o Darlington's.New Nuclear EA and Licensing activities continue • Darlington's Tritium Removal Facility(TRF)is: o Unique feature of the Darlington Nuclear Generating Station o The TRF is the only facility in Canada o The TRF decreases the potential for tritium exposure to employees, the public and the environment o Commercial uses of extracted tritium is exit signs and runway lights o Routine inspection and maintenance is presently underway 3 f' • Darlington's Refurbishment Plan is proceeding and includes: o The Clarington Energy Park that will serve as the Darlington Refurbishment Complex for administration purposes o The three phase refurbishment plan includes the Definition Phase from 2009-2014, Outage Preparation from 2014-2016 and Outage Execution from 2016 a date to be determined Liette Lemieux can be contacted at liette.lemieux@ol)g.com for more information concerning the Darlington Nuclear Generating Station. The overheads Liette used are attached as Appendix 1. 4.2 Progress Report on the Proposed Darlington New Nuclear Power Plant Project John Peters, Manager, Environmental Assessments for OPG, provided an update on the federal approvals process for the New Nuclear Power Plant at Darlington. The highlights of John's presentation were: • June 2006, OPG was directed to begin federal approval process including an EA for new nuclear units at an existing site. • The Project for EA purposes was defines as: o Preparation of the Darlington Nuclear site for up to.four reactors and up to 4800 MW of electrical capacity and associated facilities o Construction, operation and maintenance of nuclear reactors for approximately 60 years and appropriate nuclear waste management facilities o Preliminary planning for decommissioning and eventual abandonment • September 2009, OPG submitted the Environmental Impact Statement (EIS) to the CNSC. • Updated the Application for a CNSC Licence to Prepare Site. The Federal Minister of the Environment and the President of the CNSC empowered a three member Joint Review Panel(JRP)to: • Conduct an examination of the environmental effects of the proposed project and the significance of those effects. • Consider measures that are technically and electronically feasible to mitigate any adverse effects and any follow-up programs. • Consider comments from the public. • Hold public meetings. • Submit to the federal government a report with recommendations about the Project. • Grant a Licence to Prepare Site once a decision is made on the EA. • The JRP has received comments and questions from several stakeholders. • The JRP has requested OPG to provide additional. information on approximately 270 issues that affect design characteristics, cumulative effects, mitigation measures and aquatic environment and its effects/significance. • The JRP also requested OPG to consider an alternative reactor technology and how it would affect the EIS for the New Nuclear at Darlington Project. 4 John indicated all documents in relation to the review are available on the Canadian Environmental Assessment Registry for the project at www.ceaa-acee. c.ca with reference number 07-03-29525. Debra Myles, Panel Co-Manager of the JRP, can be reached at(613) 957-0626 for more information. The Next Steps of the JRP schedule include: 9 Public Hearing will be held in early 2011. • JRP Report will be released in 2011. • The Federal Government will respond to the JRP Report in 2011. • JRP will issue a Licence to Prepare Site in 2011. John Peters or his associates will keep the DNHC updated regularly on the New Nuclear at Darlington Project. For more information on the Project, the OPG website is www.opg.com/newbuild or by telephone at(866)487-6006. 4.3 Report on the Darlington Nuclear Refurbishment and Continued Operations EA Project John Peters, Manager, Environmental Assessments, provided a presentation on the Darlington Nuclear Generating Station (DNGS) Refurbishment Project. The highlights of John's presentation were: • February 2010, OPG announced that it is proceeding with the Definition and Planning Phase for refurbishment of the DNGS that will extend to 2014. • The Outage Preparation Phase will be from 2014-2016. • The Outage Execution Phase will be 2016-TBD. John explained that the Definition and Planning Phase has begun and involves: • Federal EA that will draw heavily from recent EA studies at Pickering A Return to Service in 2001, Darlington Used Fuel Dry Storage in 2003, Pickering B Refurbishment in 2008 and the New Nuclear at Darlington that is still in progress. • The EA Project Description-Refurbishment Activities will include: o Activities will take approximately 36 months per unit o Defuel and dewater the reactor o Refurbish or replace major reactor components o Refuel the reactor and refill the moderator and heat transport system o Start-up and test the plant systems o Achieve criticality in the reactor core o Construct storage buildings to manage additional used fuel and radioactive waste generated • The EA Project Description—Continued Operation Activities will include: o Continued operation of the units for an additional 25-30 years following the refurbishment outage o Ongoing maintenance including any large activities such as steam generator replacement if required o Manage the used fuel and other radioactive waste generated 5 • The EA Project Description — Preliminary Decommissioning Plan will include: o Safe storage for approximately 30 years o Dismantling for approximately 10 years o Monitoring for approximately 10 years John explained that a preliminary schedule, yet to be confirmed, with the following key dates are: o Early Notification Fall 2010 o Pre-Submission Consultation Fall 2010 o Baseline Studies/Preliminary Effects Spring 2011 o Submit Project Description Spring 2011 o Community Information Sessions Late Spring 2011 o Mitigation/Significance Assessment Fall 2011 o EIS and TSDs Issued by CNSC Late Fall 2011 o CNSC holds Public Review and Hearing 2012 John Peters or his associates will regularly update the DNHC on the Darlington Refurbishment and Continued Operation EA Project. For more information on this Project, the OPG website is www.opg.com/powdr/nuclear/refurbishment or by telephone at(866) 487-4600. The overheads John used are attached as Appendix 2. 4.4 Progress Report on the 2009 Pickering Nuclear Groundwater Monitoring Program Tho-Dien Le, Section Manager, Environmental Programs, provided a presentation on the 2009 Pickering Nuclear Groundwater Monitoring Program Results. The highlights of Tho-Dien's presentation were: • All results are annually reported and reviewed.by the CNSC. • There is no indicator of adverse off-site migration of tritium that could affect private wells or the community. • Pickering Nuclear has 300 monitoring wells to characterize groundwater conditions. • Approximately, 600 groundwater samples are analyzed for tritium and other properties. • Approximately, 1000 well water measurements are taken annually. • The objectives of the Groundwater Monitoring Program includes: µ o Validating the groundwater flow systems o Monitoring legacy issues o Identifying and investigating any potential emerging issues o Protecting off-site groundwater • The monitoring of legacy issues includes: o The Upgrading Plant at Pickering Nuclear o Units 1 &2 and the Vacuum Building area o The Irradiated Fuel Bay at Pickering B 6 r.: Tho-Dien summarized the 2009 Groundwater Monitoring Program Results by indicating there are no new emerging areas needing investigation and the legacy groundwater concerns are behaving as expected. For more information on the Ground Water Monitoring Program, Tho-Dien can be reached at thodien.lena,opq.com or(905) 837-9407. 4.5 Progress Report on the Port Granby Project Judy Herod, Stakeholder Relation Officer, Port Hope Area Initiative (PHAI), for AECL, brought a progress report on the Port Granby Project. The highlights of Judy's presentation were: • The Port Granby Project has three-phases and they are : • Environmental Assessment(EA) and Licensing (2001-2008) • Construction and Clean-up (2012-2018) • Long-term.Monitoring and Maintenance (2018 and on-going) • In March 2010, a $10.8 million contract was awarded to AECOM Canada Limited for the detailed design and construction of the above-ground mound facility and the excavation and transfer of waste from the existing site. • The Port Granby Project Discussion Group made several recommendations for the existing and future sites and they are: o Shape the aboveground mound to resemble natural landform o Restore the natural shoreline landscape o Focus on native ecology and wildlife corridors o Integrate agricultural land uses o Maintain the public ownership and control of 96 hectares o Proposed a land trust for 175 surrounding hectares • These recommendations and concepts were accepted by the Municipality of Clarington in the spring 2010 and submitted to Natural Resources Canada. • The effluent treatment process for the new site will incorporate reverse osmosis with biological treatment before discharge to Lake Ontario. • Baseline monitoring to confirm and update the EA data from 2002-2006, includes air quality, radon sampling, noise, ground and surface water and weather monitoring. • Responding to current community concerns and the Property Value Protection Program. • Other current and upcoming activities include: o Public consultation for biophysical and socio-economic environmental management and monitoring plans o Roadway condition assessments o Tree planting to establish visual and sound barriers o Preparation for the CNSC licence application and hearing o Installation of the Port Granby meteorological station Judy Herod indicated more information on the Port Granby Project is available from the PHAI website at wwwphai.ca or(905)885-8830. 5.0 .Health Effects - 5.1 Reports from the Canadian Nuclear Safety Commission on the Health Effects, Dosimetry and Radiological Protection of Tritium Kevin Bundy, Radiation and Health Science Specialist for the CNSC, provided a technical presentation on the health effects of tritium. The highlights of Kevin's presentation were: • In January 2007, the CNSC Tribunal directed staff to initiate research studies on Tritium. • In response, the CNSC undertook several research projects as part of the Tritium Studies Project. • The goal of the research was to expand the body of knowledge on tritium and to identify opportunities to further enhance regulatory oversight of tritium- related activities in Canada. • The Project produced six public INFO reports and one research study is still being finalized. • The Health Effects -Epidemiology INFO Report included: o Cohort studies of radiation workers o Case-control studies of childhood leukemia and birth defects in offspring and pre-conception exposure of parents o Studies of people living in the vicinity of nuclear facilities o Scientific reviews of the literature • The conclusion of the Health Effects of Tritium study was "Based on both lines of evidence, epidemiology studies and laboratory studies, adverse health effects due to tritium exposure at the_ current exposure levels in Canada are highly unlikely". Kevin summarized his presentation with overall main conclusions from the CNSC's Tritium Study and they were: • Adequate provision has been made through existing regulatory mechanisms for the protection and health of Canadians against tritium. • Effective controls are now uniformly in place in the Canadian nuclear industry as a result of compliance and enforcement actions. • Tritium management of routine operational releases is now following best practices internationally. • Releases are currently ALARA and close to the minimum practically achievable. Kevin Bundy indicated the Tritium Documents and Studies can be accessed at www.nuclearsafeiy.gc.ca/eng/readingroom/tritium/tritium studies.cfin. For further reference,the overheads Kevin used are attached as Appendix 3. 8 6.0 Communications 6.1 Community Issues at Pickering Nuclear Don Terry, Manager of Public Affairs at Pickering Nuclear,provided an update on Community Issues at Pickering Nuclear. The highlights of Don's'presentation were: • On June 29, 2010, the CNSC announced its decision concerning the OPG re- licensing application for Pickering A. The existing five-year licence that expired on June 30, 2010,was renewed for three years to coincide with the licensing of Pickering B. • Pickering conducted a very successful summer program of"Tuesdays on the Trail". • The fall edition of the Pickering Neighbours newsletter is now being distributed. Don Terry,Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or by e-mail at don.tgM@opiz.com for more information. 6.2 Community Issues at Darlington Nuclear Don Terry provided an update on the community issues at Darlington Nuclear. The highlights of Don's presentation were: • Employees at Darlington have exceeded 7.5 million hours without a lost-time injury dating back to May 2008 which is a very significant milestone never achieved by Darlington Nuclear before. • Darlington Nuclear partnered with several community organizations for its very successful summer environmental programs including "Tuesdays on the Trail". • The fall edition of the Darlington Neighbours newsletter is now being distributed. Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, can be reached at(905) 697-7443 by e-mail at Vanessa.hu hes ,opg com for more information. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 4. 7.2 Brian Devitt indicated the scheduled DNHC meetings for 2011 are: • January 14 to be hosted by Pickering Nuclear • April 15 to be hosted by Darlington Nuclear • June ITto be hosted by the Health Department • September 16 to be hosted by UOIT 9 • November 18 to be hosted by Pickering Nuclear 7.3 Future Topics for the DNHC to Consider _ Robert Kyle indicated the topics for discussion at the next meeting on November 19, 2010 or future DNHC.meetings may include: • Report from OPG concerning Nuclear Emergency Preparedness at Pickering and Darlington Nuclear Generating Stations • Report from DEMO concerning Nuclear Emergency Preparedness in Durham Region • Progress Report from the Nuclear Waste Management Organization • Report from the DRHD on their Health Neighbourhoods Project 8.0 Next Meeting Date November 19, 2010 Time 12:00 PM Lunch served 1:00 PM Meeting begins Host Durham Region Health Department Location Durham Regional Headquarters 605 Rossland Road East Meeting Room 1 G Town of Whitby, Ontario 9.0 Adjournment at 4:30 PM { J A • 10 DURHAM NUCLEAR HEALTH COMMITTEE (DNHQ MINUTES OF MEETING LOCATION Durham Regional Headquarters Y 605 Rossland Road East 1 Meeting Room 1 G DEC Town of Whitby, Ontario i DATE November 19,2010 . TIME 1:00 PM HOST Durham Region Health Department MEMBERS Dr. Robert Kyle,Durham Region Health Department(DRHD)(Chair) Ms.Mary-Anne Pietrusiak,DRHD (Presenter) Mr. Raphael McCalla, Ontario Power Generation(OPG) Dr. Dave Whillans, OPG Mr. Phil Dunn,Ministry of the Environment Ms. Lorraine Weigel,Public Member Ms.Norma Drummond, Public Member Dr. Barry Neil, Public Member Mr. Jansen Wu,Public Member Mr. Hardev Bains,Public Member Mr. Carl Ferencz,Public Member Mr. Frank Bajurny,Public Member Mr. Marc Landry,Public Member PRESENTERS/ Mr. Brian Devitt,DRHD, (Secretary) OBSERVERS Ms. Jennifer Knox, OPG, (Presenter) Mr. Rick Bell,OPG, (Presenter) Mr. Scott Forsythe, OPG, (Presenter) Ms. Debbie Kozak, OPG Mr. Nick Mihalic, OPG Ms. Judy Herod,Port Hope Area Initiative, (Presenter) Mr. Ivan Ciuiura,Durham Emergency Management Office(DEMO) (Presenter) Mr. John Byard,DEMO Mr. Peter Simmons,Nuclear Waste Management Organization (NWMO), (Presenter) Ms. Jo-Ann Facella,NWMO Ms. Sherri Deamond,DRHD, (Presenter) Ms. Regina Elliott,DRHD (Presenter) Dr. Hong Ge, DRHD Dr. Scott Kapoor,DRHD Ms. Dorothy Skinner, Durham Region Planning Department REGRETS Mr.Ken Gorman,DRHD. Dr. Tony Waker,UOIT Ms. Janice Szwarz,Municipality of Clarington Robert Kyle opened the meeting,welcomed everyone on behalf of the Health Department who was hosting the meeting today. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted with the addition of a Report by Judy Herod concerning the Port Hope Area Initiative. 2.0 Adoption of the DNHC Minutes of the September 17, 2010 meeting The Minutes were adopted as written. 3.0 Correspondence 3.1 Robert Kyle's office received the minutes of the Pickering Nuclear Generating Station Community Advisory Council for June and September 2010. 3.2 Robert Kyle's office received a newsletter from the Nuclear Waste Management Organization(NWMO) dated September 2010. 3.3 Robert Kyle's office received a newsletter from the Port Hope Area Initiative (PHAI) dated Autumn 2010. 3.4 Robert Kyle's office received the Record of Proceedings, Including Reasons for Decision, by the Canadian Nuclear Safety Commission (CNSC), granting a three- year licence renewal to Pickering A dated September 28, 2010. 3.5 Robert Kyle's office received the Annual Report pf the Ontario Drinking Water Advisory Council for 2009-2010 dated October 2010. 3.6 Robert Kyle's office received an invitation from the PHAI to attend the Environmental Monitoring Open House concerning the Port Granby Project in the evening of October 21, 2010 and the invitation was dated September 30, 2010. , 3.7 Robert Kyle's office received news releases from the Atomic Energy of Canada Limited concerning the restart of the NRU at their Chalk Lake Laboratories dated August 18,20 and 25, 2010. 3.8 Robert Kyle's office received the CNSC's 2009-2010 Annual Report dated October 2010. 2 3.9 Robert Kyle's office received an Information.Communication from the PHAI providing website links for updates to the Port Hope and Port Granby Projects dated November 4, 2010. 3.10 Robert Kyle's office received an invitation from OPG to attend an announcement to be made November 26, 2010 at the University of Ontario and Institute of Technology (JOIT) and Durham College concerning the next phase of OPG's investment at UOIT and Durham College and the invitation was dated November 11, 2010. 3.11 Robert Kyle's office received a letter from Bill Robinson, Executive Vice President, Nuclear Refurbishment, Projects & Support for OPG, providing a progress report on the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station Project and the letter was dated November 11, 2010. 4.0 Nuclear Power/Environmental Issues 4.1 Progress Report on the Port Hope Area Initiative(PHAI) Judy Herod, Stakeholder Relation Officer for the PHAL provided a short report on the outcome of Dr. Helen Caldicott's recent community presentations where she stated Port Hope is not a safe community to live due to low-level radioactive waste buried in sites around the town. Her comments were published in the Toronto Star and have created considerable concern to residents of Port Hope and Port Granby. These statements were responded to by Michael Binder, President of the CNSC, and Linda Thompson, Mayor of Port Hope, as misleading, inaccurate and unacceptable. In 2009, the CNSC reviewed findings from over thirty environmental and thirteen epidemiological studies and published a Synthesis Report that was presented during open houses held in the community and to the DNHC. Dr. Robert Kyle indicated he would respond in writing to the PHAI, on behalf of the DNHC, expressing our concern to the misleading and inaccurate comments by Dr. Caldicott concerning the health and safety of residents living in Port Hope and Port Granby. Judy Herod will bring a follow-up report on this issue to the next DNHC meeting scheduled for January 14, 201 L 4.2 Report on Nuclear Emergency Preparedness at Pickering and Darlington Rick Bell, Manager, Emergency Preparedness Department (EP) for OPG, provided a presentation on the emergency preparedness program and activities in case of a nuclear emergency that could affect the community near Pickering and Darlington Nuclear Generating Stations(NGS). The highlights of Rick's presentation were: 3 • The EP Department is part of the Nuclear Regulatory Programs organization supporting implementation of the EP program at both Pickering and Darlington NGS. • Emergency readiness of the EP includes: o Emergency facilities includes on-site station emergency, site management, corporate emergency operations centres, and off-site Reception and Emergency Worker Centres o Emergency equipment includes in-plant and off-site survey equipment and vehicles • EP provides radiation monitoring and decontamination resources at off-site centres including Reception Centres and Emergency Worker Centres. Reception Centres locations are: o York University-Toronto o Seneca College - Scarborough o Durham College—Oshawa o Legends Centre- Oshawa o Fleming College—Peterborough • Emergency Worker Centres locations are: o Orono Arena—Caarington o Iroquois Park—Whitby o Centennial College—Scarborough Rick indicated the primary responsibilities of the EP Department are: • Ensures 'effective implementation of emergency preparedness within OPG. Nuclear. • Facilitates drills, exercises, performance reporting, training and leadership. • Collaborates with external 'stakeholders and industry peers to promote continual improvement. • Provides a tiered emergency response organization that is available 24/7. • Ensures effective implementation of the notification process in case of an emergency that includes: o The Shift Manager will classify and categorize the event o Initial notifications are required within 15 minutes to Provincial, Regional and City of Toronto officials o CNSC is to be notified within 30 minutes o Supplementary notifications to senior OPG officials within 45 minutes Rick Bell introduced Scott Forsythe, Section Manager of EP, who provided a presentation on the emergency preparedness study conducted for the New Nuclear at Darlington EA Project concerning the Evacuation Time Estimate (ETE) Study completed in 2009. The highlights of Scott's presentation were: • The purpose of the study was: o To develop ETEs for the Darlington NGS o To perform this study using modern methodology that is consistent with ETEs at nuclear stations in the United States o To provide documentation outlining the methodology, the assumptions and the results 4 g • An ETE is the elapsed time from when an order is given to evacuate the 3 km or the 10 km zone until the last person leaves the evacuation zone but not the time it takes to reach a destination. • The study considerations were: o Mobilization time—notification,return of commuters,packing etc o Evacuation times under different traffic and weather conditions o Voluntary shadow evacuation up to 15 km o All routes model—no special traffic management procedure o All assumptions were conservative with no police intervention • Support data requirements were: o Population data for 2006 o Population growth projections for 2025 o Road capacity data for 2006 o Road capacity projections for 2025 • The study results were: o In 2006, it would take 3:25 — 4:40 hours to evacuate the 3 km zone and 4:35 —6:25 hours to evacuate the 10 km zone o In 2025, it would take 2:55 — 5:25 hours to evacuate the 3 km zone and 6:10—8:05 hours to evacuate the 10 km zone • The conclusion of the analysis was there is sufficient time to safely evacuate the primary zone of 10 km in case of a nuclear plant.malfunction or,accident. • The study results were reviewed by an external industry third party and key stakeholders. • Similar methodology was used.for the Pickering Nuclear site in 2008. Scott Forsythe can be contacted at (905) 623-6670 or by e-mail at scott.forsythe op .corn for more information on ETEs at the Darlington NGS. The overheads Scott used are attached as Appendix 1. 4.3 Report on Nuclear Emergency Preparedness in Durham Region Ivan Ciuciura, Director, Durham Emergency Management Office (DEMO), provided a presentation on nuclear emergency preparedness in Durham Region. The highlights of Ivan's presentation were: • DEMO is responsible for the effective mitigation, preparedness, response and recovery in case of an emergency in Durham Region. • DEMO has 5 staff and they are on call 24 hours per day, 7 days per week to respond to an emergency. • Nuclear emergency planning is a part of the overall emergency preparedness in Durham Region. • DEMO's emergency management program includes developing plans, training staff, conducting exercises and public education. • The Provincial Nuclear Emergency Response Plan, Master Plan, was approved by Cabinet in February 2009. • Pickering and Darlington NGSs site specific emergency plans have been approved in November 2009. • Some major changes to the Provincial Nuclear Emergency Response Plan are: 5 o The public alerting standard has been extended to 10 kilometre zones from NGSs o The"all routes out"strategy is now used to speed.up evacuation o There will no longer be a Joint Information Centre and the Region will issue its own media releases o Host municipalities will be selected for reception, care and shelter of people evacuated o Province is in charge of the overall off-site response o Provincial powers have been increased to allow emergency orders and directives to be issued • DEMO conducted a training exercise in September 2010 at the Legends Reception Centre including decontamination and monitoring. • DEMO's Public Education program includes: o Public safety brochure o Durham Region"Are You Ready?"brochure o Web Page—information and contacts o KI pill availability o Community and Municipal Events o Specific presentations to local groups o Media is invited to all exercises Ivan Ciuciura will bring another progress report on nuclear emergency preparedness to the DNHC in approximately one year. Ivan can be contacted at (905) 668-4113 extension 6260 or by e-mail at ivan.ciuciura@durham.ca for more information. 4.4 Progress Report on the Nuclear Waste Management Organization(NWMO) Peter Simmons, Director, Municipal and Community Engagement for NWMO, provided a progress report on the site selection process for the long-term management of used nuclear fuel. The highlights of Peter's presentation were: • The site selection process was begun in May 2010. • On request of communities, NWMO provides initial screenings to explore .potential suitability of the area to be considered. • Initial screenings have begun in four communities and the communities will decide if the wish to progress with feasibility studies. • The initial screening criteria includes: o Enough land to accommodate surface and underground facilities o Land located outside of heritage sites,provincial&national parks o Land must not contain groundwater resources at repository depth o Land must not contain known economically exploitable natural resources o Land must not be located in areas with known geological and hydrogeological features that prevent the site from being safe • NWMO has an ongoing plan to build working relationships that includes: o Build awareness of the site selection process o Report regularly to key stakeholders on their plans and progress 6 o Involve interested organizations and individuals in the implementation of Adaptive Phased Management(APM) • NWMO will continue to build and maintain relationships with: o Reactor communities o Communities and regions learning more about the site selection process o Community and Aboriginal people potentially affected by the siting o Municipal associations and community advisory groups o Aboriginal organizations,NWMO Elders Forum and Niigani o Diversity of interests concerning the environment, transport, industry, research and international interests o Federal and provincial governments affected by crown land and transportation issues Peter indicated NWMO's strategic objectives for 2011-2015 are: o Build sustainable relationships o Collaboratively implement site selection o Refine and further develop generic designs and safety cases for APM deep geological repository o Provide financial surety o Continually review, adjust and validate plans o Ensure governance and accountability o Build and sustain high-performing organization Peter Simmons or his associates will regularly update the DNHC on the progress of the NWMO Site Selection Process. More information can be received at www.nwmo.ca and the overheads Peter used are attached as Appendix 2. 5.0 Health Effects 5.1 Report on Health Neighbourhoods Project Mary-Anne Pietrusiak, Epidemiologist for the DRHD, a detailed presentation on a new epidemiology study called Health Neighbourhood Project. The highlights of Mary-Anne's presentation were: • The reasons for the DRHD creating the Health Neighbourhoods Project were: • Allows analysis below the municipal level-urban municipalities ' • Helps identify priority populations geographically • Helps address the social determinants of health • Increases awareness of how the local community can affect health o. Facilitates liaising with other departments and organizations • The Socio-Demographic Indicators were: o Population aged 19 and under o Population 65 and greater o Female lone-parents o Recent immigrants o Visible minorities o Population without high school diploma o Unemployment o Low income o Workers using public transit •. Health Status Indicators were: o Live birth rate o Smoking rates o Overweight/Obesity rate o Vegetable/fruit rate consumption o Oral health screening in schools o Chlamydia rates in females (15-29) o Low-birth weight rate o. Preterm birth rate (singletons) o Breastfeeding at hospital discharge o Emergency Department visit rate for an injury o Emergency Department visit rate for sports injuries(10-14) o Emergency Department visit rates for Falls (0-4, 65+) o Emergency Department visit rates for Asthma Mary-Anne indicated that neighbourhoods are homogeneous and health issues are complex and often not easily interpreted. She provided an example by using the above indicators to demonstrate Emergency Department visits for Asthma that were broken down to Health Neighbourhoods and provided interpretations. The next steps in the Health Neighbourhoods Project are: o Test the products internally o Establish a Health Neigbourhoods Committee o Establish additional indicators to map physical activity, Flu immunization,BF duration and EDI school readiness o Eventually develop a platform for Durham Region website Mary-Anne Pietrusiak is available (905) 668-4113 at extension 3185 or mare- anne.Wetrusiak(a)durhamca for more information on the Health Neighbourhoods . Project. The overheads Mary-Anne used are attached as Appendix 3. 5.2 .Report on Pandemic H1N1 Influenza in Durham Region Sherri Deamond, Epidemiologist, and Regina Elliott, Program Manager with the DRHD, provided a detailed presentation on the H1N1 pandemic of influenza in Durham Region. The highlights of their presentation were: • April 20, 2009, the DRHD received the first information about cases in Mexico. • April 28, 2009, the DRHD received laboratory confirmation of four cases in Durham Region and the first cases reported in Ontario. • June 11, 2009, the World Health Organization (WHO) raises the pandemic alert to level six. • June 14,2009,was the peak of the first wave of influenza cases in Ontario. • October 25-November 7, 2009,was the peak of the second wave in Ontario. 8 • August 10,2010,the WHO declared the post-pandemic period. Sherri and Regina explained the DRHD response to the pandemic had been planned for several years and the background included: • DRHD had developed its first pandemic influenza plan in 2002. • The plan was revised in 2006 to meet the needs of the community and reflect plans from the Ministry of Health and Long-Term Care. • The plan guided the DRHD response and was adapted to reflect experiences both locally and worldwide. • Communication to the public and key stakeholders was a very important role of the DRHD on a daily basis. • In June 2009, immunization clinics.were established throughout Durham Region and 84,611 doses of H1N1 vaccine were administered plus 9081 doses of seasonal influenza vaccine for a total of 96,922. • The DRHD also supplied H1N1 vaccine to health care facilities in Durham Region. Sherri and Regina indicated the conclusions and next steps for the DRHD were: • Overall, the H1N1 pandemic raised awareness of pandemic influenza, highlighting the importance of planning and preparing for a pandemic and the need to continually review and revise the DRHD's Pandemic Influenza Plan. • Lessons learned will be used to update the pandemic plan and in planning for the annual Universal Influenza Immunization Program. Sherri Deamond and Regina Elliott indicated more information on the Pandemic Influenza Plan is available at www.durham.ca under Departments>>Health»Flu. The overheads they used are attached as Appendix 4. 6.0 Communications 6.1 Community Issues at Pickering Nuclear Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, provided an update on Community Issues at Pickering Nuclear. The highlights of Jennifer's presentation were: • Pickering A employees have worked approximately 2 million hours without a lost-time injury and Pickering B employees have worked more than 3.2 million hours without a lost-time injury. • All units at Pickering are.operating at full power except unit 7 that is the final weeks of a planned maintenance outage. • Pickering Nuclear partnered with several community organizations including the Durham Children's Groundwater Festival, Santa Claus Parades in Ajax and Pickering and hosting 48 secondary school guidance councilors for a station visit. Don Terry,Manager of Public Affairs at Pickering Nuclear, can be reached at(905) 839-1151 extension 5966 or by e-mail at don.telEy@opg.com com for more information. 9 6.2 Community Issues at Darlington Nuclear Jennifer Knox provided an update on the community issues at Darlington Nuclear. The highlights of Jennifer's presentation were: • Employees at Darlington Nuclear have exceeded 8 million hours without a lost-time injury dating back to May 2008 which is a very significant milestone never achieved by Darlington Nuclear before. • A planned maintenance outage of Unit 2 was recently completed that took 6 weeks and was completed safely and on time. • All four units at Darlington Nuclear are operating at high power. • Darlington Nuclear partnered with several community organizations for its successful fall programs including the Clarington Family Safety Day, Community Living Walk-a-thon Fundraiser and Durham Children's Groundwater Festival. • Darlington Nuclear recently launched its annual Food and Toy drive to support the Durham Regional Police Services collection. Jennifer also invited all the DNHC members to attend the UOIT/Durham College/OPG announcement on November 26, 2010 concerning the next phase of OPG's partnership with UOIT/Durham College. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 by e-mail at Jennifer.knox@opg.com for more information. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 5. 7.2 Brian Devitt indicated the scheduled DNHC meetings for 2011 are: • January 14 to be hosted by Pickering Nuclear April 15 to be hosted by Darlington Nuclear • June 17 to be hosted by the Health Department • September 16 to be hosted by UOIT • November 18 to be hosted by Pickering Nuclear 7.3 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on January 14, 2011 or future DNHC meetings may include. • Report from the CNSC on compliance at Pickering and Darlington Nuclear • Report from the PHAI concerning community response to Port Hope and Port Granby Projects 10 • Report from PHAI on the Environmental Monitoring for the Port Granby Proj ect • Report from OPG on the Safe Shut Down of Units 2 & 3 at Pickering A 8.0 Next Meeting Date January 14,2011 Time 12:00 PM Lunch served 1:00 PM Meeting begins Host Pickering Nuclear Location Pickering East Shore Community Centre Meeting Rooms 2 &4 910 Liverpool Road(South of Bayly Road) City of Pickering 9.0 Adjournment at 4:35 PM 11 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO.7 1 - 3 AUTHORITY MEETING Thursday.September 23,2010-5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE,OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE,BOARDROOM Present: R.Johnson,Chair G.Emm,Vice Chair J.Drumm J.Gray R.Hooper. J.Neal M.Pearce LK Powell,Chief Administrative Officer D.White,Director,Corporate Services H.Brooks,Director,Watershed Planning&Natural Heritage C.Darling,Director,Development Review&Regulation G.Geissberger,Marketing&Communications Coordinator P.Lowe,Director,Watershed Stewardship&Community Outreach P.Sisson,Director,Engineering&Field Operations G.SooChan,Director,Groundwater R.Wilmot,GISAS Supervisor K.Tate,Administrative Assistant/Recording Secretary Absent: B.Nicholson Excused: S.Crawford A.Cullen A.Foster D.Mitchell M.Novak P.Perkins M.Hrynyk,General Superintendent The Chair called the meeting to order at 5:18 p.m. With respect to the photographs displayed in the boardroom during arrival time of the members,R.Johnson commented"We just had a glimpse into what goes on at Enniskillen when you offer them a pond and some dip nets. Those photos came from a classroom blog from a teacher participating in our In Your Watershed Program at Enniskillen. There is a full report in the agenda to summarize the program's accomplishments during the 2009 and 2010 school year." R.Johnson reminded members of the Durham Children's Groundwater Festival VIP luncheon,ceremony and tour at 11:30 a.m.on Tuesday,September 28,2010 at Camp Samac,Oshawa. DECLARATIONS of interest by members on any matter herein contained-NONE ADOPTION OF MINUTES Res.#93 Moved by G.Emm Seconded by R.Hooper THAT the Authority minutes of June I5,2010 be adopted as circulated CARRIED AUTHORITY MINUTES—SEPTEMBER 23,2010—PAGE 2 CORRESPONDENCE (1) Correspondence item#ASLA19C4 from Ministry of Natural Resources/Virginia West re: Public Sector Compensation Restraint (2) Correspondence from CTC Source Protection Committee,Susan Self re: CTC Chair's Quarterly Report to Central Lake Ontario Source Protection Authority Res.#94 Moved by J.Drumm Seconded by R.Hooper THAT correspondence listed above(attached as Schedule 3-1 to 3-4 of Sept 23110)be received for information. CARRIED DIRECTOR,DEVELOPMENT REVIEW AND REGULATION (1) Staff Report#4907-10(attached as Schedule 4-1 to 4-7 of Sept 23110) Applications for Development,Interference with Wetlands and Alteration to Shorelines and Watercourses—June,July,August,2010 Res.#95 Moved by G.Emm Seconded by R.Hooper THAT the attached applications be approved and the respective permits be issued CARRIED In reply to an inquiry from R.Hooper regarding permit C10-142-GH,C.Darling stated two site visits have been made thus far and staff are keeping a close watch on this site. (2) Staff Report#4910-10 Conservation Authorities Plan Review and Permitting Activities-Policies and Procedures Res.#96 Moved by J.Drumm Seconded by G.Emm THAT Staff Report#4910-10(attached as Schedule 4-8 to 4-10 of Sept 23110)be received for information. CARRIED DIRECTOR,WATERSHED STEWARDSHIP AND COMMUNITY OUTREACH (1) Staff Report#4914-10 Education Update 20092010 ' Res.#97 Moved by R.Hooper Seconded by J.Drumm THAT Staff Report#4914-10(attached as Schedule 5-1 to S-S of Sept 23110)be received for information;and, THAT Board members support the recommendations for enhancing our 2010111 Environmental Education Program CARRIED (2) Staff Report#4916-10 OFAH Partnership fbr Invasive Species Technician Summer Student Success t Res.#98 Moved by J.Drumm f Seconded by G.Emm THAT Board Report#4916-10(attached as Schedule 5-6 to 5-8 of Sept 23110)be received for information. CARRIED k AUTHORITY MINUTES—SEPTEMBER 23,2010—PAGE 3 DIRECTOR,ENGINEERING AND FIELD OPERATIONS (1) Staff Report#4919-10 Low Impact Development and Topsoil Depth on Development Sites Res.#99 Moved by G.Emm Seconded by J.Gray THAT Staff Report#4919-10(attached as Schedule 6-1 to 6-3 of Sept 23110)be received for information;and, THAT the report be circulated to municipal works departments for their consideration. CARRIED DIRECTOR,WATERSHED PLANNING&NATURAL HERITAGE (1) Staff Report#491140 Heber Down Conservation Area Management Plan—Public Information Centre and Open Review/Comment Period Res.#100 Moved by G.Emm Seconded by J.Drumm THAT Staff Report#4911-10(attached as Schedule 7-1 to 7-8 of Sept 231,10)be received for information. CARRIED (2) Staff Report#4915-10 International Joint Commission(LTC)Lake Ontario St.Lawrence River Working Group Tour of CLOCA's Coastal Wetlands Res.#101 Moved by M.Pearce Seconded by J.Drumm THAT Staff Report#4915-10(attached as Schedule 7-9&7-10 of Sept 23110)be received for information. CARRIED DIRECTOR,CORPORATE SERVICES (1) Staff Report#4912-10(attached as Schedule 8-1 to 8-18 of Sept.23110) Appointment of Auditors Res.#102 Moved by G.Emm Seconded by R.Hooper THAT the Board concurs with a joint Request for Proposal for Audit Services as set out in the attached RFP; and, THAT the Board consider a recommendation for audit service at the October 2010 Board meeting. CARRIED (2) Staff Report#4913-10(attached as Schedule 8-19 to 8-40 of Sept.23110) Request for Proposals—Micro Renewable Energy Generation Project—Office Site Res.#103 Moved by J.Gray Seconded by M.Pearce THAT the proposal from Sokra Sustainable Energies Company for a rooftop Photo Voltaic System for the Administration O,ffiee in the amount of$78,800 plus HST be approved; THAT staff proceed with a contract with the Ontario Power Authority under the Province's Micro FIT program; THAT the capital cost for the system be paid from the reserves for working capital;and, THAT staff develop a plan to return funds to the reserve account from net annual revenues from the MICRO FIT program. CARRIED AUTHORITY MINUTES—SEPTEMBER 23,2010—PAGE 4 (3) Staff Report#4917-10 2009 Audited Financial Statements and Auditor's Management Letter(previously circulated to Members&Stqffi Res.#104 Moved by G.Emm Seconded by M.Pearce THAT the 2009 Audited Financial Statements(attached as Schedule 8-41 of Sept 23110)be approved as presented CARRIED (4) Staff Report#4918-10 GISAS Newsletter(previously circulated to Members&Staffi Res.#105 Moved by R.Hooper Seconded by J.Gray THAT Staff Report#4918-10(attached as Schedule 8-47 of Sept.23110)be received for information. CARRIED CHIEF ADMINLSTRATIVE OFFICER (1) Staff Report#4909-10 Conservation Ontario 2009 Annual Report(previously circulated to Members&Staff) Res.#106 Moved by G.Emm Seconded by J.Drumm THAT Staff Report#4909-10(attached as Schedule 9-1 of Sept 23110)be received for information. CARRIED DIRECTOR,GROUNDWATER RESOURCES (1) Staff Report#4920-10 CTC Source Water Protection—CLOSPA Proposed Assessment Report Res.#107 Moved by M.Pearce Seconded by R Hooper THAT Staff Report#4920.10(attached as Schedule H-1 to H-3 of Sept 23110)be received for information. CARRIED MUNICIPAL AND OTHER BUSINESS R Johnson gave members an update regarding the search to date in obtaining corporate sponsors for the Heritage Hall project at Purple Woods Conservation Area. Discussion ensued. R Johnson stated the next Board'of Directors meeting scheduled for Tuesday,October 19,2010 may be held over until after the October 25/10 municipal election,however,confirmation from the Chief Administrative Officer will be sent to members. ADJOURNMENT Res.#108 Moved by J.Drumm Seconded by R.Hooper THAT the meeting adjourn. CARRIED The meeting adjourned at 5:40 p.m November 16,2010 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO. 8 AUTHORITY MEETING Tuesday,November 16,2010-5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE,OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE,BOARDROOM Present: R.Johnson,Chair J.Drumm A-Foster DISTRIB TION J.Gray R.Hooper REVIEWED BY D.Mitchell ORIGINAL TO: J.Neal O COUNCIL ❑ COUNCIL ❑ M.Novak FILE M.Pearce DIRECTION INFORMATION COPY TO: P.Perkins ❑ MAYOR 0 MEMBERS ❑ CAO J.R.Powell,Chief Administrative Officer OF COUNCIL D.White,Director,Corporate Services ❑ COMMUNITY ❑ SE CORPORATE ❑ EMERGENCY H.Brooks,Director,Watershed Planning&Natural Heritage SERVICES SERVICES SERVICES g ❑ ENGINEERING O MUNICIPAL ❑ OPERATIONS C.Darling,Director,Development Review&Regulation SERVICES CLERK'S M.Hrynyk,General Superintendent ❑ PLANNING ❑ SOLICITOR ❑ TREASURY P.Lowe,Director,Watershed Stewardship&Community Outreach SERVICES P.Sisson,Director,Engineering&Field Operations ❑ OTHER M.Stauffer,Administrative Assistant/Recording Secretary Gord Geissberger,Marketing&Communications Coordinator MUNICIPAL CLERK'S FILE G.Emm,Vice Chair S.Crawford A.Cullen B.Nicholson G.SooChan,Director,Groundwater The Chair called the meeting to order at 5:00 p.m. DECLARATIONS of interest by members on any matter herein contained-NONE ADOPTION OF MINUTES Res.#109 Moved by M.Pearce Seconded by M.Novak THAT the Authority minutes of September 23,2010 be adopted as circulated CARRIED CORRESPONDENCE (1) Correspondence item#ABDA4C34(attached as Schedule 3-1,of Nov. 16,2010)from John R.O'Toole,MPP Durham-Re: letter of thanks and congratulations re CLOG 2009 Year In Review publication Res.#110 Moved by A.Foster Seconded by R.Hooper THAT correspondence item#ABDA4C34(attached as Schedule 3-1,of Nov 16,2010)be received for information. CARRIED AUTH6gYYkS—NOVEMBER 16,2010—PAGE 2 DIRECTOR,DEVELOPMENT REVIEW AND'REGULATION (1) Staff Report#4921-10(attached as Schedule 4-1 to 4-5 of Nov. 16,2010) Applications for Development,Interference with Wetlands and Alteration to Shorelines and Watercourses— September&October,2010 M.Novak inquired about the amount of fill for Permit#C 10-179-G including the un regulated area. C.Darling responded that CLOCA Regulations Staff were on site November 15,2010,and reported that the applicant is in compliance with the permit and filling and grading is near completion. Mr.Darling stated that no complaints have been received and he will provide additional details regarding the permit to Municipality of Clarington councillors,as requested. Res.#111 Moved by A-Foster Seconded by R.Hooper THAT the applications(attached as Schedule 4-2 to¢5 of Nov 16,2010)be approved and the respective permits be issued CARRIED J.Gray arrived at 5:06 p.m. (2) Staff Report#4922-10(attached as Schedule 4-6 to 4-24 of Nov.16,2010) Provincial Policy Statement Review M.Pearce and P.Perkins inquired about the Mineral Aggregate Resources section,specifically land uses and activities on rehabilitated sites. C.Darling answered questions and discussion ensued. D.Mitchell inquired about the Ontario Climate Change Expert panel. C. Darling to provide additional information to Councillor Mitchell,as requested. Res.#112 Moved by P.Perkins Seconded by M.Pearce THAT Staff Report#4922-10(attached as Schedule¢6 to 4-24of Nov.16,2010)be received for information, CARRIED DIRECTOR,WATERSHED STEWARDSHIP AND COMMUNITY OUTREACH (1) Staff Report#4928-10(attached as Schedule 5-1 to 5-3 of Nov. 16,2010) 2010 Durham Children's Groundwater Festival Summary R.Johnson circulated two plaques,which were presented to CLOCA,as a Diamond Sponsor,in recognition of monetary and in-kind support of the 2010 Durham Children's Groundwater Festival.Members thanked staff for their excellent work,including fundraising efforts,partnerships with sponsors and volunteers,which ensure a successful festival. Res.#113 Moved by P.Perkins Seconded A.Foster THAT Staff Report#492 8-10(attached as Schedule 5-1 to 5-3 of Nov 16,2010)be received for information. CARRIED (2) Staff Report#4927-10(attached as Schedule 5-4&5-5;report attached separately) Invasive Species Management Strategy A Foster inquired about the progress that has been made. P.Lowe responded to questions and discussion ensued Res.#114 Moved by R.Hooper Seconded by P.Perkins THAT Staff Report#4927-10 be received for information;and, THAT the attached document be approved and a five year implementation plan be developed for the Invasive Species Management Strategy. a CARRIED November 16,2010 AUTHORITY MINUTES—NOVEMBER 16,2010—PAGE 3 DIRECTOR,ENGINEERING AND FIELD OPERATIONS (1) Staff Report#4925-10(attached as Schedule 6-1 to 6-10 of Nov. 16,2010) 2010 Conservation Areas Workshop and Innovation Award R.Johnson circulated a plaque,presented to CLOCA as winner of the Conservation Area Innovation Award for the Stephen's Gulch Conservation Area Transport Trailer Flatbed Bridge Project,at the 2010 Conservation Areas Workshop. Res.#115 Moved by R.Hooper Seconded by P.Perkins THAT Staff Report#4925-10(attached as Schedule 6-1 to 6-10 of Nov.16,2010)be received for information. CARRIED DIRECTOR,GROUNDWATER RESOURCES (1) Staff Report#4926-10(attached as Scheduled 7-1 to 7-11 of Nov. 16,2010) CTC Source Water Protection—CLOSPA Updated Assessment Report Res.#116 Moved by J.Gray Seconded by A.Foster THAT Staff Report#4926-10(attached as Schedule 7-1 to 7-11 of Nov.16,2010)be received for information. CARRIED DIRECTOR,CORPORATE SERVICES (1) Staff Report#4924-10(attached as Schedule 8-1 of Nov. 16,2010) Request for Proposals—Appointment of Auditor Res.#117 Moved by M.Novak Seconded by J.Gray THAT the firm of BDO Dunwoody(Oshawa office)be appointed as auditors for the Central Lake Ontario Conservation Authority and the Central Lake Ontario Conservation Fund for a five year period(2010 to 2014). CARRIED J.Ihvmm arrived at 5:23 p.m. CHIEF ADMINISTRATIVE OFFICER (1) CONFIDENTIAL—Personnel Matters(verbal report) Res.#118 Moved by P.Perkins Seconded by J.Gray THAT the meeting convene"In Camera' CARRIED Res.#121 Moved by A.Foster Seconded R Hooper THAT the meeting reconvene and the actions of the`In Camera"session be adopted . CARRIED ADJOURNMENT Res.#122 Moved by J.Gray Seconded by R Hooper THAT the meeting adjourn. CARRIED The meeting adjourned at 5:40 p.m eL � 0-1 I - 4 Draft minutes-Not vet approved by Committee .NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY OCTOBER 12, 2010 AT 7:00 P.M. Present: (Voting) John Stoner-Chair ban Stanoi Karin Murphy- Vice Chair Shirley Minifie Jim Cleland Joe McKenna Staff Present: Peter Windolf Regrets: Arthur Burrows David Dest Pat Mulcahy Councillor Willie Woo Absent: Warren May-MNR Greg Wells-GRCA Brian Reid 1. Agenda Additions None Acceptance of Agenda MOVED by Joe McKenna, seconded by Jim Cleland THAT the agenda for October 12, 2010 be accepted. CARRIED 2. Minutes of September 14,2010 Corrections There were no corrections to the minutes Approval of Minutes MOVED by Shirley Minifie, seconded by Jim Cleland THAT the minutes of September 14, 2010 be approved. CARRIED 2 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee reports None 5. Updates 2011 Capital Budget The committee discussed possible 2011 projects. There is approx. $28,000 remaining in the Samuel Wilmot Nature Area account that can be used for projects provided the projects are approved in the Capital budget. After discussing the merits of various projects the committee recommended the following for consideration in the 2011 Capital Budget: -An information kiosk on the Toronto Street side similar to the existing kiosk at the Cobbledick parking lot -Additional benches along the trails -A viewing platform on along the east edge of the marsh Preliminary estimates indicate that all of these projects could be built with the remaining funds. The number of benches will be determined once the cost of the other projects are known. Applications for next term of SWNA Committee Applications for the next term of the SWNA committee were handed out. The term of this SWNA Committee extends until the end of 2010 however the committee will not meet again until re-appointed by Council. A new committee is typically appointed by Council at one of the first meetings in the new term. The Clerks Department will advertise for positions on all municipal committees in November however if any members wish to return applications directly to Peter he will forward them to the Clerks Department. 2009 Durham Coastal Wetland Monitoring Report This report is now available on the web-site of the Central Lake Ontario Conservation Authority. The report investigated 18 coastal wetlands in Durham including the Wilmot Creek Marsh. Among other information it contains the results of fish, bird, amphibian and macroinvertebrate monitoring at the SWNA in 2009. In general bird and fish metrics are rated as fair at the SWNA. Amphibian metrics are rated as good and macroinvertebrates 3 as very good. The 2009 fish rating was 29 at the Wilmot Creek marsh. This was a large decrease from the 2008 score of 73. No specific reasons for the decrease were cited in the report. Moderately impaired water quality was found in the majority of Durham Coastal Wetlands. Great Canadian Shoreline Clean-up Shirley listed some of the items picked up during the GCSC including; Over 150 feet of fishing line, numerous beverage cans,plastic water bottles, shotgun shells, boots and pants. 6. Other Business Fall Clean-up Shirley proposed that a creek bank clean-up take place because of the amount of litter being left behind by fishermen. Any members who are able to attend should meet at the Toronto Street Parking lot on Saturday November 13 at 10:00. Shirley and John have confirmed that they will be able to attend. A notice will be placed on the SWNA blog to encourage members of the public to attend. The committee also discussed the need for signs encouraging fisherman to take their litter with them. The signs would be posted at the main access points to the central portion of the marsh were most of the littering is occurring. The signs will also be considered as a capital budget item. Joe McKenna announced he will not be re-applying for the committee due to other commitments. He explained that he has enjoyed his three terms and would like to be notified-of all future events. Motion to Adjourn MOVED by Karin Murphy, seconded by Shirley Minifie THAT the meeting be adjourned. CARRIED Adjournment: 8:30 P.M. Next Meeting: TBA Notes prepared by P. Windolf 1 - 5 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting October 19, 2010 MEMBERS PRESENT: Victor Suppan James Rook Paul Allore Leslie Wilson David Reesor REGRETS: Karina Isert, Councillor Novak, Andrew.Kozak ABSENT: Karin Murphy, Duane Cook, Ingrid Savaria PLANNING STAFF: Isabel Little ADOPTION OF MINUTES: The minutes of September 21 were not adopted as the Committee did not have a quorum. BUSINESS ARISING Clarington Official Plan Review - The comments provided during the September 21St meeting have been forwarded to staff responsible for the official plan .review. The suggestion that adaptive reuse be encouraged as an alternative to demolition will also be provided. Tooley Cairn- The cairn has been constructed and the plaque is cast. It will be installed once a date has been set for the unveiling. Martha Rutherford — Conrad is arranging the event and will send out invitations once a suitable time is arranged with the Tooley family. 407 Heritage Resources— MTO has invited staff from Whitby, Ajax, Pickering, Oshawa and Clarington to attend a meeting to provide an update on the Highway 407 project impact mitigation as it relates to identified built heritage properties and cultural heritage landscapes located along the preferred route. The house located at 7500 Highway 35/115 is now vacant. The group discussed if the building should be placed on the Municipal Register now that it is no longer occupied. Staff have contacted MTO in regards to the condition of the heritage buildings owned by the Ministry. Website- A request has been submitted for a carryover of funds into 2011. Andrew is preparing a request for proposals which should be submitted shortly. The following list of items are being considered for posting on the website: ➢ Photographs of the individual properties designated under Part IV and their by-law ➢ The listing of non-designated properties on the Municipal Register identified by street address with a photograph Photographs of the 14 buildings in the Beech Avenue HCD along with the write-ups from the HCD Plan. ➢ The HCD Background Study, the Beech Avenue HCD Plan and the Old Bowmanville (North Ward) Guidelines. ➢ The HCD Plan fire insurance maps upon permission from the Clarington Museums ➢ Map A101 from the Old Bowmanville Guidelines which identifies the heritage status of every building in the neighbourhood ➢ Inventory mapping, one for each of Darlington township, Clarke township, Orono, Newcastle, Courtice, Bowmanville urban area, and Bowmanville business area ➢ When the inventory update is completed, the listing of properties by their categories of primary, secondary, and merit. These would be listed by their address and their status. ➢ An opening introduction which gives a brief history of the municipality ➢ General info on the CHC, roles, function, a copy of the mandate by-law ➢ Definitions of primary, secondary and merit status ➢ The process of heritage designation ➢ The process for amendment or repeal of a heritage designation by-law ➢ The impacts of being on the Register as a non-designated building } ➢ The criteria used to list a building in the heritage inventory 9 The provincial criteria for writing a statement of cultural heritage value for a designation by-law ➢ Links to ministry of Culture website for their Ontario Heritage Tool kit, information sheets and various brochures. ➢ A section on restoration projects in Clarington, such as the Massey building and the house of nations ➢ References to other sources of local information, such as the Clarington Museum and Archives, the resources available at the library, and the Newcastle Village and District Historical Society ➢ A copy,of the heritage permit application with an explanation of how the process works and how to appeal a decision of Council 2 ➢ A short ad for the three books that are for sale, a picture of their covers and where they can be purchased ➢ Space for posting meeting minutes and staff reports on heritage designation issues ➢ A section on the Community Improvement Plan funding available for facade improvements along with links to full copies of the Plans. ➢ The regulations for signage in the heritage resource areas of Bowmanville, Newcastle, and Orono. A few pictures of appropriate signage and mapping of the applicable area would be included, and a link to the sign by-law. It was suggested that a section also being included on adaptive reuse projects, and that photographs of all the buildings in the heritage resource inventory also be included. CORRESPONDENCE The CHO newsletters were received along with a membership renewal form for 2011. The form will be sent to Karina Isert for payment. FINANCIAL REPORT Opening balance August 26 $ 5,858.63 Interest August 31 $0.05 Closing Sept 24 $5,858.68 SUB-COMMITTEE REPORTS Orono CIP- The library parking lot needs upgrading. Posts and railing repairs to be completed. Hedgehog and Victoria's Attic are new antique stores. The chili cook-off was a success. An information meeting will be held on November 23 on road improvements on Main Street. One sidewalk will be requested since it is not very safe for pedestrians to walk the steep incline across the bridge over the creek. An information meeting on well and septics will be held on October 23. An audio walking tour was suggested and has been referred to the Museum. Newcastle CIP The group had submitted a letter to Council asking for the signs along the 401 and Highway 35/115 to recognize certain communities as well as Clarington. The municipal response was that Clarington will be the identification name on the sign. Highway 35/115 does not qualify for an identification display sign under MTO policy. A sub-committee has been set up to work on replacement of the service club signs. Sheila Hall from the Clarington Board of Trade will be participating. The Newcastle Horticultural Society will be applying for a Trillium grant for the landscape improvements to the grounds around the Newcastle Village Community Hall. A landscape plan has been prepared and was endorsed by Council on October 4th and presented to the public on October 12th 3 PROJECT REPORTS Inventory Update — Progressing in Clarke. The photographs taken to date have been submitted to staff. NEW BUSINESS This is the last meeting of the CHC for this term. The members were provided with a copy of the application form for appointments to boards and committees and were encouraged to submit their applications to the municipality upon the 'advertisements appearing in the local newspapers. Next Meeting —The meeting date will be determined after the new committee is appointed by the new council 4 GANARASKA REGION CONSERVATION AUTHORITY 1 - 6 MINUTES OF THE FULL AUTHORITY October 21, 2010 FA 06/10 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:20 p.m. MEMBERS PRESENT: Raymond Benns, Chair—Township of Alnwick/Haldimand Mark Lovshin, Vice-Chair—Township of Hamilton Brian Fallis - Township of Cavan Monaghan Miriam Mutton —Town of Cobourg Bob Spooner-Town of Cobourg Twila Marston —Township of Hamilton Cal Morgan — Municipality of Port Hope ALSO PRESENT: , Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Pam Lancaster, Stewardship Technician Linda Givelas, GFC Property Manager Steve McMullen, Forest Recreation Technician Members of the Public ABSENT WITH REGRETS: Charlie Trim — Municipality of Clarington Linda Thompson — Municipality of Port Hope ALSO ABSENT: Dave Marsh — City of Kawartha Lakes Gord Robinson — Municipality of Clarington A moment of silent was called for those serving our country. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 53/10 MOVED BY: Mark Lovshin SECONDED BY: Brian Fallis THAT the Full Authority approve the minutes of September 16, 2010 meeting. CARRIED. Minutes FA 06/10 Page 2 4. Adoption of the Agenda The Chair informed the Board members of two additional permits. FA 54/10 MOVED BY: Bob Spooner SECONDED BY: Cal Morgan THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations: a) Forest Donation — presentation by Clark Merritt Mr. Clark Merritt presented a cheque for $1,650.00 to the Board members from the Sandaraska Horse Riders, some of which were present. Mr. Merritt hosted a chicken barbeque for members of the Sandaraska Horse Riders at his trailer in the park, Flushing Meadows, in August. The event included various fundraising activities attended by over 100 people. Mr. Merritt suggested that part of the donation could be allocated to directional signage in the forest. He ended his presentation with an invitation to members and staff to the annual event to be held at Flushing Meadows on August 1St, 2011. The Chair thanked the Sandaraska Riders for their generous donation. Brian Fallis thanked Clark and his group as well. 6. Presentations: a) Clean Water— Healthy Land 2010 Program Update Pam Lancaster, Stewardship Technician, presented an update to the members on the 2010 activities and successes associated with the Clean Water — Healthy Land Financial Assistance Program. This municipal partnership program is offered to residents within the Ganaraska Region Conservation Authority and within the Municipality of Clarington, Municipality of Port Hope, Township of Hamilton and Town of Cobourg. FA 55/10 MOVED BY: Bob Spooner SECONDED BY: Mark Lovshin THAT the Full Authority receives the Clean Water — Healthy Land 2010 Program Update presentation for information. CARRIED. 7. Business Arising from Minutes: None. 8. Chair and CAO/Secretary-Treasurer Remarks The Chair stated that the he wished those who are seeking re-election the best of luck and success in their campaigns. Minutes FA 06/10 Page 3 The CAO/Secretary-Treasurer introduced the Linda Givelas, GFC Property Manager. She stated the Forest Centre has been busy. During the last week in September the Authority hosted the biggest group to date of 185 principals, and new teachers at the new Centre. The CAO/Secretary-Treasurer reported ' staff have been busy in the Cobourg Conservation Area doing a stream bank rehabilitation project. She also reported that in November she would be sitting down with the CAO of the Town of Cobourg to discuss the review of the Cobourg Conservation Area in regards to the dogs off leash. A public process will be set up to review the use of the Cobourg Conservation Area. She reminded the current Board members that this Board remains in effect until the annual meeting February 24th, 2011. The CAO/Secretary-Treasurer wished all the members running in the upcoming election best wishes from the staff. 9. Business from the Board Members Bob Spooner reported that Angus Read passed away this afternoon. Angus lost his wife last month. Angus will be very much missed in the Town of Cobourg and at the Dutch Oven Senate. Miriam Mutton asked about recent updating to the floodplain mapping in the Cottesmore Avenue area. Mark Peacock, Director, Watershed Services addressed the question and stated that a number of meetings have been held. Conservation Authority staff are working with the neighbours in the area to ensure that the needs of all the residents, as a whole, are being met. A meeting is scheduled for October 27th at the Fire Hall in Cobourg for the residents on Cottsemore. Miriam noted that the water rises every year and the residents are wondering where that water is coming from. Brian Fallis reported that Millbrook Valley Trails had Allison Clark from the Alderville Black Oak Savannah make a presentation at a recent event. She made a very interesting presentation to the group and he suggested ask that she make a presentation to this Board in the future. Mark Lovshin wished those who are seeking re-election the best of luck. 10. Correspondence: None. 11. Applications under Ontario Regulation 168/06: Permits approved by Executive: a) 168/06-1113 — 09/10 — Steven MacDonald (Hamilton) — Installation of a 30'x4' culvert b) 168/06-1114 — 09/10 — Enbridge Pipelines (Port Hope) — Placement of gravel for a laneway, placement of an electrical building & vertical culvert c) 168/06-1115 — 09/10 — Bill Kerr (Cobourg) — Construction of a single family dwelling d) 168/06-1116 — 09/10- David Porter (Cobourg) — Construction of a single family dwelling e) 168/06-1117 — 09/10 — David Porter (Cobourg) — Construction of a single family dwelling Minutes FA 06/10 Page 4 f) 168/06-1118 10/10 - G.P. Harley (Clarington) — Placement of fill for stabilization of an existing septic bed g) 168/06-1119 — 10/10 — Penny Stroich (Cobourg) - Construction of a 34' x 32.5' garage addition to an existing dwelling h) 168/06-1120 — 10/10 — Clear Choice Pools (Cobourg) — Installation of a 20' x 40' in-ground swimming pool i) 168/06-1121-10/10 — Christine Bargent (Clarington) — construction of an addition to an existing dwelling j) 168/06-1122-10/10 —AECOM (Port Hope) — reconstruction of existing boardwalk along Ganaraska River FA 56/10 MOVED BY: Brian Fallis SECONDED BY: Twila Marston THAT the Full Authority bundle the permits. CARRIED. FA 57/10 MOVED BY: Bob Spooner SECONDED BY: Brian Fallis THAT the Full Authority approve permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None 12. Committee Reports: None. 13. New Business: a) 2011 Preliminary Budget and Municipal Levy FA 58/10 MOVED BY: Twila Marston SECONDED BY: Cal Morgan THAT the Full Authority receive the 2011 Preliminary Budget for information, and, FURTHER THAT the budget be forwarded to the watershed municipalities indicating in the cover letter that the vote to approve the 2011 levy will be taken at the December 2010 Full Authority meeting. CARRIED. b) Personnel Policy Update Miriam Mutton asked about the amount of overtime accumulated by staff. She also asked about the amount of notice required by senior staff when leaving employment. Minutes FA 06/10 Page 5 Brian Fallis asked in regards the guidelines for banking overtime. FA 59/10 MOVED BY: Bob Spooner SECONDED BY: Mark Lovshin THAT the Full Authority approve the revised Personnel Policy dated October 2010 effective January 1st, 2011. CARRIED. c) Code of Ethics Update FA 60/10 MOVED BY: Cal Morgan SECONDED BY: Brian Fallis THAT the Full Authority approve the revised Code of Ethics dated October 2010 effective January 1St, 2011. CARRIED. d) Professional Training and Development Policy Update Miriam Mutton asked that the Ontario Association of Landscape Architects be added to the list in Section 4.5. FA 61/10 MOVED BY: Mark Lovshin SECONDED BY: Twila Marston THAT the Full Authority approve the revised Professional Training and Development Policy with addition dated October 2010 effective January 1 st, 2011. CARRIED. 14. Other Business: None. 15. In Camera None. 16. Adiourn The meeting adjourned at 8:20 p.m. on a motion by Bob Spooner. CHAIR CAO/SECRETARY-TREASURER GANARASKA REGION SOURCE PROTECTION AUTHORITY MINUTES OF THE AUTHORITY October 21, 2010 SPA 04/10 1. Welcome and Call to Order Chair Raymond Benns called the meeting to order at 8:20 p.m. MEMBERS PRESENT: Raymond Benns, Chair—Township of Alnwick/Haldimand Mark Lovshin, Vice-Chair—Township of Hamilton Brian Fallis - Township of Cavan Monaghan Miriam Mutton —Town of Cobourg Bob Spooner—Town of Cobourg Twila Marston — Township of Hamilton Cal Morgan — Municipality of Port Hope ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Pam Lancaster, Stewardship Technician ABSENT WITH REGRETS: Charlie Trim — Municipality of Clarington Linda Thompson — Municipality of Port Hope ALSO ABSENT: Dave Marsh — City of Kawartha Lakes Gord Robinson — Municipality of Clarington 2. Minutes of Last Meeting SPA 19/10 MOVED BY: Brian Fallis SECONDED BY: Mark Lovshin THAT the Ganaraska Region Source Protection Authority approve the minutes of the September 16, 2010 meeting. CARRIED. 3. Adoption of the Agenda SPA 20/10 MOVED BY: Bob Spooner SECONDED BY: Cal Morgan THAT the agenda be adopted. CARRIED. 4. Delegations None Minutes SPA 04/10 Page 2 5. Presentations: None 6. Reports for discussion: None. 7. Correspondence: a) SPA #2 cc. Mr. Glenn Girven Re: Future Costs for Implementation and Enforcement of Source Water Protection Plans b) SPA#3 cc. Mr. Glenn Girven Re: Requesting support of resolution asking for a funding commitment from the Province for cost of Source Water Protection Plans. SPA 21/10 MOVED BY: Bob Spooner SECONDED BY: Miriam Mutton That the Ganaraska Region Source Protection Authority consider the two correspondence items together as they address the same subject. CARRIED Miriam Mutton asked if all member municipalities received the original letter. As far as staff are aware all member municipalities received a copy of the letter. SPA 22/10 MOVED BY: Brian Fallis SECONDED BY: Mark Lovshin THAT the Ganaraska Region Source Protection Authority receives correspondence items SPA #2 and #3 for information. CARRIED. 8. Other Business: c) Submission of the Proposed Ganaraska Assessment Report to the Minister of the Environment SPA 23/10 MOVED BY: Twila Marston SECONDED BY: Bob Spooner THAT the Ganaraska Region Source Protection Authority accepts the Proposed Assessment Report prepared by the Trent Conservation Coalition Source Protection Committee for the Ganaraska Region Source Protection Area dated September 10, 2010 and authorizes staff to submit it to the Ministry of the Environment for consideration. CARRIED. Minutes SPA 04/10 Page 3 d) Update on correspondence SPA#1 forwarded to the Trent Conservation Coalition Source Protection Committee —Verbal Update Mark Peacock, Lead for Source Protection provided members with comments from the Trent Conservation Source Protection Committee (TCC SPC) regarding the Havelock- Belmont-Methuen correspondence (SPA #1). In his remarks the Chair of the TCC SPC noted that the SPC was in agreement with the points brought forward in the letter, and that similar thoughts exist at all Source Protection Committees across the province. The SPC is clearly concerned with provincial funding in the implementation stage. The SPC must be sure that they do not go overboard in costs with recommended actions. The Committee will try to address this and financial responsibility will be a key issue. A letter will be sent from the SPC to the Township of Havelock-Belmont-Methuen, which will be copied to municipalities, the Minister, and municipal working groups stating they support the original letter and the issues that were noted (which were also noted in the Terms of Reference for each SPA). On another note regarding funding, a separate letter to the Minister is being sent pointing out that during the recent Early Response Stewardship Program funding requests, a total funding request of $16.8 million was received by the Ministry of the Environment but only $4.8 million was available. The message to the Minister is that funding is still too low for the Drinking Water Source Protection Program as a whole. Brian Fallis asked when the current funding commitment from the Ministry of the Environment will end. Staff noted that funding is approved annually and are unsure of what will happen after 2012. SPA 24/10 MOVED BY: Cal Morgan SECONDED BY: Twila Marston THAT the Ganaraska Region Source Protection Authority receive the verbal update for information. CARRIED. 9. Adiourn The meeting adjourned at 8:35 p.m. on a motion by Bob Spooner. r CHAIR CAO/SECRETARY-TREASURER CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE 1 - 7 October 6, 2010, 6:00 P.M. MEETING ROOM 1A Present: Keith Brettell Sylvia Jaspers-Fayer Sally Barrie Corine Goodwin Absent: David Kelly Councillor Ron Hooper Also Present: Jeany Barrett, President of Newcastle Horticultural Society June Gallagher, Clerk Il, Clerk's Department, as Recording Secretary 1. PRESENTATION a) Jeany Barrett, President of Newcastle Horticultural Society Ms. Barrett was present to provide the Committee with verbal and PowerPoint presentation regarding the Newcastle Community Half Heritage Garden Project. She reviewed the history of the project and informed the Committee that the goal of the project is to: Bring gardens back to a heritage look • Install underground watering system to help keep plants and trees in the best of health • Increase the space around cenotaph to allow more people to pay their respects. • Move the fountain to the north west corner of King and Mill Ms. Barrett asked the Committee for a letter of support to accompany the Trillium grant application. She noted that the grant application deadline is November 1, 2010. Ms. Barrett informed the Committee that the budget for the project is $200,000. She highlighted the key aspects of the architect's Design Plans. Ms. Barrett invited the Committee to an information session on October 12, 2010 at 6:30 p.m. in the Newcastle Community Hall Council Chambers. The Committee had a general discussion regarding the project. The Committee was concerned about the accessibility of the flagstones as part of the proposal. In general, the Committee was supportive of the project. Clarington Accessibility - 2 - October 6, 2010 Advisory Committee Moved by Sally Barrie, seconded by Keith Brettell THAT the Newcastle Community Hall Heritage Garden Project be supported in principle, and THAT the Newcastle Horticultural Society be advised that the Committee is interested in being involved in the review of future detailed plans in an effort to provide guidance and input. "CARRIED" 2. ADOPTION OF MINUTES Moved by Corinne Goodwin, seconded by Keith Brettell THAT the minutes of the meeting held on September 1, 2010 be approved with the following changes: Page 2, Section 4a, 1St Paragraph, is replaced with: "She noted that there was an existing grab bar, which causes a problem with: the chair losing depth because of the location of the bar......" Page 2, Section 4a, 2nd Paragraph, is replaced with: "After mentioning it to staff, staff has not made changes and moved the grab bar." "CARRIED" 3. BUSINESS ARISING FROM MINUTES OF LAST MEETING b) "Charting a Path Forward: Report of the Independent Review of the Accessibility for Ontarians with Disabilities Act, 2005" The Committee had a general discussion about the document. Sylvia noted that it was interesting that the Municipality is urged to adopt a policy of seeking input from the Accessibility Committee. She also noted that there may be a perception that the word "accessibility" may be overused and that the perhaps "all-inclusive" would be a better term. Sally noted that there may be issues with the policy being applied differently by different municipalities. Clarington Accessibility - 3 - October 6, 2010 Advisory Committee 4. NEW BUSINESS (a) Sidewalk Sawcuts Sylvia had asked that this issue be placed on the agenda. She noted that she had attended the Accessibility Advisory Committee meetings (prior to being a member of the Committee) where it was recommended that sidewalks (public and private) use sawcuts instead of trowel cuts. Sylvia noted that the Clarington Fitness Centre does use sawcuts, but she is concerned that it might not be a policy being applied across the municipality. June will look into the resolution and outcome and place this item on the next agenda. (b) Posting of the Final Proposed Accessible Built Environment Standard Noted (c) Bill 23 to Reform the Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007 — For Information The Committee had a general discussion regarding the current difficulties. (d) Resolution from the Region's Accessibility Advisory Committee Meeting of June 22, 2010 Regarding Promotion of Sign Language Interpretation as a Career Choice Noted (c) Review of Clarington's Election Website (Accessibility Features) June Gallagher demonstrated the accessibility information contained on the Municipality of Clarington's Election Website. (d) Application for Appointment Application forms for reappointment to the Accessibility Advisory Committee were distributed. 5. OTHER BUSINESS Election Workers June Gallagher informed the Committee that the Clerk's Department is still looking for election workers. Application forms were distributed. Clarington Accessibility - 4 - October 6, 2010 Advisory Committee 6. DATE OF NEXT MEETING To be determined —will reconvene in the new year. 7. ADJOURNMENT Moved by Keith Brettell, seconded by Sally Barrie THAT the meeting be adjourned at 7:14 p.m. "CARRIED" Chair Secretary • arm n (Pnerg(zing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF DECEMBER 20, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, DECEMBER 13, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-119-10 Ontario Municipal Board Decision —Appeal of ZBA 2009-0009 Applicant: Green Martin Holdings Ltd. (b) EGD-031-10 Monthly Reports on Building Permit Activity for September, 2010 (c) EGD-032-10 Monthly Reports on Building Permit Activity for October, 2010 (d) EGD-035-10 Monthly Reports on Building Permit Activity for November, 2010 (e) COD-053-10 Contract Awards During Council Recess 2. APPOINTMENT OF DEPUTY MAYOR THAT in accordance with Section 226 of the Municipal Act, 2001, c.25, during the four-year term of Council (2010 through to 2014), Regional Councillor Wards 1 and 2 and Regional Councillor Wards 3 and 4 be appointed as the Deputy Mayor for the Municipality of Clarington on an alternating year-about schedule beginning with Regional Councillor Wards 1 and 2. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 - 2 - December 20, 2010 3. DESIGNATION OF MEMBERS OF COUNCIL AS DEPARTMENT CHAIRS THAT the Members of Council be designated as a Department Chair for the term ending December 31, 2012, as follows: Planning Services Department Councillor Mary Novak Engineering Services Department Councillor Corinna Traill Operations Department Councillor Willie Woo Emergency Services Department Councillor Ron Hooper Community Services Department Councillor Joe Neal Municipal Clerk's Department Councillor Wendy Partner Finance, Corporate Services & Mayor Adrian Foster Solicitor's Department & Administration 4. APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: 2231231 ONTARIO LIMITED THAT Report PSD-113-10 be received, THAT the Draft Plan of Condominium application submitted by 2231231 Ontario Limited be approved, and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3 of Report PSD-113-10; THAT a copy of Report PSD-113-10 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-113-10 and any delegations be advised of Council's decision. 5. PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF 119 TOWNHOUSE UNITS APPLICANT: ASPEN HEIGHTS LTD. THAT Report PSD-114-10 be received, THAT the request to deem the subject application exempt from Sections 51(19.4), 51(20) and 51(37) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act and that a Public Meeting is not required, THAT the application for proposed Plan of Condominium C-C-2010-0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD-114-10; Report #1 - 3 - December 20, 2010 THAT the By-law authorizing the entering into a Condominium Agreement between the Owner of Draft Plan of Condominium C-C-2010-0002 and the Municipality of Clarington be approved as contained in Attachment 4 to Report PSD-114-10; and THAT the Durham.Region Planning Department and all.interested parties listed in Report PSD-114-10 and any delegations be advised of Council's decision. 6. AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: NEWTON-TRELAWNEY PROPERTY MANAGEMENT/DURHAM STANDARD CONDO CORPORATION 200 THAT Report PSD-115-10 be received; THAT the application for Amendment to the Municipality of Clarington Sign By-law 2009-123, submitted by Newton-Trelawney Property Management/ Durham Standard Condo Corporation 200, to permit two permanent signs attached to two existing landscape feature walls on the subject property at 350 Lakebreeze Drive, Newcastle, be approved, and that staff be authorized.to issue a permit for two permanent signs; and THAT all interested parties listed in Report PSD-115-10 and any delegations be advised of Council's decision. 7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 7, OCTOBER 28, AND NOVEMBER 25, 2010 THAT Report PSD-116-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 7, October 28 and November 25, 2010 for applications A2010-0035 through A2010-0041, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 8. AMENDMENT TO FEES BY-LAW RELATED TO PLANNING AND DEVELOPMENT APPLICATIONS THAT Report PSD-117-10 be received; and THAT the By-law attached to Report PSD-117-10, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, be approved. Report #1 - 4 - December 20, 2010 9. LONGWORTH ESTATES SUBDIVISION PHASE 3, BOWMANVILLE, PLAN 40M-2325, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-033-10 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2325; and THAT Council approve the By-law attached to Report EGD-033-10, assuming certain streets within Plan 40M-2325 as public highways. 10. LIBERTY 2 SUBDIVISION, BOWMANVILLE, PLAN 40M-2316, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-034-10 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2316; and THAT Council approve the by-laws attached to Report EGD-034-10, assuming certain streets within Plan 40M-2316 as public highways. 11. 3 I QUARTER PARKING REPORT THAT Report CLD-031-1.0 be received; and THAT a copy of Report CLD-031-10 be forwarded to the Bowmanville Business Centre for their information. 12. KENDAL COMMUNITY CENTRE LEASE AND SUBLEASE RENEWAL THAT the lease agreement with the Kendal Community Association (Schedule A to Report COD-051-10) for the term of January 1, 2011 to December 31, 2015 be approved; THAT the 2010 sub-leases for The Kendal Lions Club(Schedule B to Report COD-051-10) and the Kendal Postal Outlet (Schedule C to Report COD-051-10) be approved; THAT the extension of the subleases for a five year term be approved; and Report#1 .- 5 - December 20, 2010 THAT the Mayor and the Clerk be authorized to execute the necessary agreements. 13. TENDER NO. CL2010-28 — GRASS CUTTING & TRIMMING THAT Report COD-052-10 be received; THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of$91,740.90 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 1 as required by the Operations Department; THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of $98,543.59 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 2 as required by the Operations Department; THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of$33,297.57 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 3 as required by the Operations Department; THAT Birds Property Management and Ground Control, Hampton, Ontario, with a total bid amount of$4,570.68 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 4 as required by the Operations Department; THAT the award, stated above in paragraph 4, be subject to the approval of the Regional Municipality of Durham; THAT pending satisfactory service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100-36-325-10115-7163 Parks Maintenance Contract. °- Report #1 - 6 - December 20, 2010 14. JOHN HOWARD SOCIETY— LEASE EXTENSION COMMUNITY LIVING OSHAWA/ CLARINGTON — LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE THAT Report COD-054-10 be received; THAT the Lease Extension from the John Howard Society for the existing leased F space at 132 Church Street, Bowmanville, in the amount of$13,754.03 per year for the term of January 1, 2011 to December 31, 2011 be approved; THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of January 1, 2011 to December 31, 2011 be approved; THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa/Clarington; THAT staff be authorized to continue discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding the their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and THAT staff report on the results of the discussions with the John Howard Society and Community Living Oshawa/Clarington and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. 15. APPOINTMENT TO VERIDIAN CORPORATION BOARD OF DIRECTORS - 1 MEMBER (TABLED FROM DECEMBER 6, 2010 COUNCIL MEETING) THAT Frank Stapleton be nominated for the election of directors to the Board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. 16. EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) MINUTES OF SETTLEMENT THAT the recommendations contained in the Confidential Report PSD-120-10 be approved. 17. MUNICIPAL ACT 2001, S.O. CHAPTER 25 — TAX SALE EXTENSION AGREEMENT THAT the recommendations contained in the Confidential Report FND-026-10 be approved. Report #1 - 7 - December 20, 2010 18. REQUEST FOR REPORT ON ANALYZING IMPLICATIONS OF THE HOST COMMUNITY AGREEMENT — PROPOSED ENERGY FROM WASTE FACILITY WHEREAS The Corporation of the Municipality of Clarington and The Regional Municipality of Durham entered into a Host Community Agreement dated February 18, 2010 which set out their rights and obligations regarding a proposed energy from waste facility (the "EFW Facility"); and WHEREAS in a decision dated October 21, 2010, the Minister of the Environment gave approval under the Environmental Assessment Act to proceed with the proposed EFW Facility subject to conditions; and WHEREAS the conditions imposed by the Minister addressed some, but not all, of the matters that were dealt with in the Host Community Agreement; and WHEREAS there continues to be a concern in the Municipality regarding the Municipality's involvement in the EFW process, NOW THEREFORE BE IT RESOLVED THAT staff be directed to prepare a report. that analyzes all implications of the Host Community Agreement; and THAT such report be prepared for consideration at the General Purpose & Administration Committee meeting on January 10, 2011. Unfinished Business #1 Excerpt of General Purpose and Administration Committee Minutes July 5, 2010 STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) AND BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Resolution #GPA-428-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Addendum 3 to Report PSD-067-09 be received; THAT Addendum 3 to Report PSD-067-09 be tabled until the first full meeting of Council, following the municipal election, to allow staff to continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the Official Plan Amendment, Draft Plans of Subdivision and Zoning By-law Amendments; and THAT all interested parties listed in the Addendum 3 to Report to PSD-067-09 and any delegation be advised of Council's decision. CARRIED Unfinished Business Laadtng the Wby REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: 19 Aq-ya,r-fO By-law#: NIA Report#: Addendum 3 to File#'s: COPA 2005-008 PSD-067-09 PLN 31.5.10,-ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject; STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) AND BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum 3 to Report PSD-067-09 be received; 2. THAT Addendum 3 to Report PSD-067-09 be tabled until the first full meeting of Council, following the municipal election, to allow staff to continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the Official Plan Amendment, Draft Plans of Subdivision and Zoning By-law Amendments; and 3. THAT all interested parties listed in the Addendum 3 to Report to PSD-067-09 and any delegation be advised of Council's decision. Submitted by4L 0ing ` Reviewed by. a a m , FCSLA, RPP Franklin Wu, Direct r of Planning Services Chief Administrative Officer CP/df 29 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 ADDENDUM 3 TO: REPORT PSD-067-09 PAGE 2 1.0 BACKGROUND 1.1 At a meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan for the North Newcastle Village neighbourhood and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood. An Addendum report was presented to Committee on September 14 and tabled to October. 26. In October, it was further tabled to the first Council meeting of 2010. In January the Report was tabled to April 12, 2010. In April, Council tabled the report to July 12,2010.- At that time the solicitors for both parties had a conference call with the OMB and re- scheduled a pre-hearing conference for Friday September 17, 2010. 1.2 In the fall of 2009 the applicants presented staff with a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to .pipe the tributary from the point it crosses Arthur Street, southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point, the northern tributary would be daylighted in an.east-west open channel'to the mid-point of the property where it then runs south, still in an open channel, to the railway outletting at existing culverts under the CPR. 1.3 This concept was formalized in a revised plan which was received on Friday May 28, 2010 and circulated to various agencies on Tuesday June 1. 1.4 Discussions with staff from Metr us, Smooth Run Developments, confirmed that their k priority remains obtaining Final approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville, and both Metrus and the Municipality's staff have been working to this end. 2.0 APPLICATION DETAILS 2.1 This latest submission represents the fifth subdivision submission since applications were originally filed. The following charts summarize the May 2009 and the revised May 2010 submissions for Smooth Run Developments(S=C-2005-003) and Brookfield Homes (S-C-2005-004). Residential including Part Lots 25.51 30.58 20.62 10.55 School 2.35 N A 2.4 N/A Park and walk -ay 3.0 0.56 3,95 0.58 Stormwater Management 7.37 N A 6.41 NIA Open Space N/A N A 2,55 NIA Possible Reservoir 2.69 NIA 2.17 N/A Future Development 20.04 18.98 22.85 18.98 Roads, Road Mdenings and Reserves 12.9 4.74 12.91 4.75 TOTAL. 73.86 34.86 73.86 34.68 ADDENDUM 3 TO: REPORT PSD-067-09 PAGE 3 iii l':':t•'€t� .r,?£ :t;}:.,✓.:t...:i•;.ii. `if .,1 t t:t.li!�.i�£,i;b:. r�:il:j }i=F. 1 € ':z) �,£` IN }� ) t £"`i,i i!q;•'•ij� I '' '�!{ ...a�lji t{!!{ �_I`i 1{t' .,r<'`ti!1'�?!€: i i i{i�t:�:}}'€}F'�°{�f,iiF,£;.clty:: ^�:�+,..�. ,.,.:, ,F�1: ::n;,.:;f€€:.`+�'•,:ii!i:i� � EE i. 1 t_t .s,f 11 tll:#3 •�€{{I �.{,!f .i,£.aIG•, ;i€i',:ft"i ��p4t,.3. !'£'' ti•I it �£°i �;;i,',.�,.,. ai. €i' �l£ !; !'.t. •:£',1.!�1!rti" {I�f4�••:..!.:::�€t,�,.�.t;, ,..}>, L �}}i�..! n4 ii il.€:1> ::ti€a:!•'€3N`££��, 3 'i�vl(€t�• �.{€i(}�( ,I ,€3�{,I�.y: }} tr. !e''+£�� .�,!!,,,€1.;.�ia tS�1 Il{{ t,:r..t ;::'; ,,I,i t:F I.•, i:I �!�+ii ..!fllt'!�t£ E. ., I t y ••i £ i, t.! 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'Jit3i'�t•� tl;<;��{'• !ts! rt, ,i ! !� ,:�I•: q^<i,ii€; I.?`�'�`(!:,.:. r'}. t{I£!li�s!: ;, .�I:,-t•:r:<t �t1,s,-�1!€£i;.::�1lII�1 9.8 Unk Lots 216 62 136 74 11.5 Single 139 56 186 72 12.8 Single 125 N/A N/A N/A 13.1 Single N/A 46 82 48 13.4 Single 36 14 N/A N/A 15.0 Single 4 4 '50 4 18.0 Single N/A N/A 28 N/A 9.8 Ca End Semi-detached 107 31 N/A N/A. Street Townhouse Units 110 80 214 76 TOTAL 737 293 696 274 2.2 As can be seen the unit mix has changed with the revised submissions as has the land area distribution with the introduction of the new Open Space Block which has resulted from the relocation of the west stormwater management pond. The applicant has not submitted a revised.Neighbourhood Design Plan (NDP) consistent with the revised proposed draft plans,of subdivision. Based on the policies of the Official Plan a NDP is required for the North Newcastle Neighbourhood prior to approval of applications for draft plan approval. 3.0 AGENCY COMMENTS 3.1 At this time comments remain outstanding from a number of the circulated agencies including; the Region of Durham Works and Planning Departments, and St. Lawrence and Hudson Railway. 3.2 Engineering Services staff has completed their initial review of the revised proposal and advised that the following studies or information are required to review the revised submission: • a revised Transportation Study must be submitted which reflects the current neighbourhood plan; • a revised Functional Servicing Plan is required; •' a revised.on-street parking plan is required; and • a Stormwater Management Implementation Report providing for the sequential construction of the stormwater management works necessary for the watershed and addressing the impacts of developing this plan of subdivision in the absence of the balance of the watershed. 3.3 Similar to Engineering Service, GRCA staff advised that the following documents are required to complete the review of the revised proposals: ADDENDUM 3 TO: REPORT PSD-067-09 PAGE 4 • a geomorphic assessment and restoration design illustrating that the block is appropriately sized to accommodate a channel designed to natural channel specifications; and r • a revised Functional Servicing Report. 4.0 STAFF COMMENTS {` 4.1 Earlier this year when the pre-hearing was re-scheduled for September 17, 2010, it was envisioned that revised submissions and supporting documentation would be , . forthcoming shortly. As a result of soil issues resulting from an investigation completed earlier this year, a re-design of the stormwater management pond location was necessary. This delayed the revised submission to the end of May. 4.2 One of staff's key concerns outlined in PSD-067-09 related to daylighting the northerly { tributary on the Smooth Run lands as recommended in the Foster Creek Subwatershed Study. The watercourse is currently piped/tile drained from where it enters the property on the west side of Arthur Street to just north of the CPR line. The revised application contains a proposed daylighting channel as described in Section 1.2 of the report. Clarington Planning and Engineering staff together with staff from the GRCA generally concur that the proposed channel identified as Block 436, satisfies the intent of the daylighting requirement for the northerly tributary as contained in the original recommendation of report PSD-067-09. However, the supporting documentation and details on the design of the channel and the width of the block has not been presented for review by Clarington or GRCA staff. `? 4.3 The revised plans have significantly changed the unit mix for the development. The µ impacts of the proposed revisions to the unit mix and design have not been thoroughly reviewed and discussed in detail with the applicants. In consideration of the additional information required, the number of issues currently outstanding, staff commitments t4 over the next three months including the preparation for and attendance at a 3 week OMB hearing on a different matter in September and Council's meeting schedule, preparing a recommendation report to approve the various applications prior to the September 17 pre-hearing is not feasible. 5.0 CONCLUSION 5.1 It is recommended that staff continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the official plan amendment, draft plans of subdivision and zoning by-law amendments, and that PSD-067-09 be tabled until the first full meeting of Council, following the municipal election, to allow this to happen. Staff Contact: Carlo Pellarin ADDENDUM 3 TO: REPORT PSD-067-09 PAGE List of interested parties to be notified of Council's decision: Smooth Run Developments Inc. Brookfield Homes Ontario Limited Roslyn Houser, Goodmans Bryce Jordan, Semas Associates Doug and Bridgette Rombough Rev. Robert Brouwer Steve Holliday Hugh Allin Anthony Jones Helen Judolin Heather Dowing Patricia Simiele Robert MacDonald Cory Geddes . Jerry Reffosco Joanne Raymond Mark Veneziano Rob Franssen Jason Gibson Steve Wilson Ganaraska Region Conservation Authority Unfinished Business • -- Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL e.s�1� d� - 1n Date: Monday, January 11, 2010 Report#: Addendum 2 to File #'s: COPA 2005-008, By-law#: PSD-067-09 PLN 31.5.10, ZBA.2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN.DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE r RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum 2 to report PSD-067-09 be received; 2. THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. �x Submitted by: Reviewed by: -..� David . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CP/df 6 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 ADDENUM 2 TO REPORT NO.: PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26 and subsequently further tabled until to the first Council meeting of 2010. 2. In the fall of 2009. the applicant's presented.staff a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point the northern tributary would be daylighted in an east--west direction to the mid-point of the property where it then runs south to the railway. 3. This concept has not been formalized and an official revision has not been submitted at this time. However, discussions with Metrus Developments confirmed that their priority remains obtaining Final Approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville. They would like municipal staff to focus efforts on this matter prior to dealing with Village North applications. The plan of subdivision in the Brookhill Neighbourhood was presented to. the Ontario. Municipal Board on December 2, 2009 at a settlement hearing and draft approved subject to conditions. 4. The Ontario Municipal Board has presently schedule hearing dates for appeals to the North Newcastle Village applications as follows: • Progress report Pre-hearing April 16, 2010 • Hearing May 10 -14, 2010 5. It is recommended that report PSD-067-09 be further tabled until to the Council meeting of April 12, 2010. Staff Contact: Carlo Pellarin List of interested parties to be notified of Council's decision: Doug and Bridgette Rombough v Joanne Raymond Rev. Robert Brouwer- Mark Veneziano Steve Holliday Rob Franssen Hugh Allin Jason Gibson Anthony Jones Steve Wilson Helen Hudolin Smooth Run Developments Inc. Heather Dowing Brookfield Homes Ontario Limited Patricia Simiele Roslyn Houser Robert MacDonald Bryce Jordan Cory Geddes Ganaraska Region Conservation Authority Jerry Reffosco i Unfinished Business s . Ca REPORT Le��$rns Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 o�j"+ ,4 P 5t' _° t Report#: Addendum 1 toy File #'s: COPA 2005-008, By-law#: PSD-067-09 PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and 6-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY, SMOOTH RUN DEVELOPMENTS INC. (METROS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum 1 toy report PSD-067-09 be received; 2. THAT report PSD-067-09 be tabled until the October 19th meeting of the General Purpose and Administration Committee; and 3. THAT all interested :parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by. G 6aviVJ. Crome, MCIP, RPP Franklin Wu, Director of Plonning Services Chief Administrative Officer DJC 10 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: Addendum to PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood 2. Staff of the Municipality and the Ganaraska Region Conservation Authority subsequently met with the Smooth Run Developments Inc. and Brookfield Homes Limited to clarify the possibilities for day-lighting and incorporating a naturalized and restored tributary, into the subdivision plan. It is my understanding that the developer's engineers are reviewing this matter. 3. At the same meeting, we were advised that the priority for the Metrus Developments (Smooth Run) was the completion and approval of their Brookhill plan of subdivision in Bowmanville. Subsequently, the focus of the efforts on behalf of Metrus Developments has been on resolving the outstanding issues related to the Bowmanville subdivision application, including the external services and the joint development arrangements with other developers in the neighbourhood. As a result no further meetings have been held with respect to the Village North project. 4. The Ontario Municipal Board held a pre-hearing conference on the Village North applications on August 4, 2009. The Board has set a timetable for the appeals of the Village North development proposals as follows: • Pre-Hearing Conference on October 30,2009 • Hearing commencing February 5, 2010 5. In recognition of the efforts to prioritize the Bowmanville development applications, it is recommended that report PSD-067-09 be further tabled until to the October 19tH meeting of the General Purpose and Administration Committee. This recommendation is supported by the developers. List of interested parties to be notified of Council's decision: Bryce Jordan, Sernas Associates Jerry Reffosco Smooth Run Developments Joanne Raymond Brookfield Homes (Ontario) Limited Steve Holliday Hugh Allin Doug Rombough Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown. • a J� Leading the Way REPORT* PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report#: PSD-067-09 File ft: COPA 2005-008, By-law#: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL'BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METROS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-09 be received; 2. THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited that it is the Municipality's position that the North Village Neighbourhood Design Plan and the related official plan amendment and development . applications must incorporate a restored and naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: Davi . Crome, MCIP, RPP Franklin Wu, Direr or of Planning Services Chief Administrative Officer CS/CP/DJC/df 18 June 2009 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,.ONTARIO Ll C 3A6 T(905)623-3379 F(905)623-0830 x REPORT NO.: PSD-067-09 PAGE 2 1,0 APPLICATION DETAILS 1.1 Owners: Smooth Run Developments Inc. (Metros Developments Inc.) Brookfield Homes (Ontario) Limited 1.2 Agent: Semas Associates 1.3 Proposed Clarington Official Plan Amendment(May 2009): • Amend Map E3 to increase the population of the North Village Neighbourhood from 3,900 to 5,100 and related changes to the population table. • Amend Table 9-2 by increasing the housing target for North Village Neighbourhood to reflect the following: i) 1,050 low density units to 1,275 units ii) 250 medium density units to 420 units iii) total from 1,350 units to 1,750 units; and iv) amending all corresponding totals. • By amending Section 16.9 — Special Policy Area G North Newcastle Village to, among other things, reflect the proposal to redesignate the lands currently designated Future Urban Residential Area for urban residential uses. • Amend Map A4—"Land Use Newcastle Village Urban Area" by: i) re-aligning Regional Road. 17 (Type 'B' Arterial); ii) revising the collector road pattern; iii) deleting a public elementary school symbol; iv) relocating two elementary school symbols; v) relocating two neighbourhood park symbols; vi) relocating two medium density symbols and adding three more medium density symbols; and vii) deleting the "Future Urban Residential" designation within Special Policy Area G. • Amend Map B4 "Transportation — Newcastle Village Urban Area" by realigning Regional Road 17 (Type 'B'Arterial) and revising the collector road pattern. 1.4: Draft Plans of Subdivision (May 2009): • Smooth Run Developments: 737unit residential Plan of Subdivision consisting of 304 single detached dwellings, 323 semi/link dwellings, 110 townhouse units, and part blocks for residential units,"one (1) elementary school, (1) park block, a parkette, two (2) stormvirater management facilities and a Future Development Block. REPORT NO.: PSD-067-09 PAGE 3 Brookfield Homes (Ontario) Limited. 293 unit residential Plan of Subdivision, consisting of 120 single detached dwelling units, 93 semi/link dwellings; 80 townhouse units, and,part blocks for residential units, a parkette, and a Future Development Block. 1.5 Zoning By-law Amendments: Change the current zoning on both properties from "Agricultural (A-1) Zone" to an appropriate zone to permit the proposed developments. 1.6 Site Area: Smooth Run Developments 73.84 hectares Brookfield Homes 34.86 hectares TOTAL 108.70 hectares (269 acres) 1.7 The subject properties are located north of the Canadian Pacific Railway (St. Lawrence and Hudson Railway), east of North Street (Regional Road 17) and Highway 35/115, south of Concession Road 3 and west of Arthur Street, being Part Lots 27 & 28, Concession 2, former Township of Clarke. 2.0 BACKGROUND 2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan submitted from Smooth Run Developments Inc. (Smooth Run), a company of Metrus Developments Inc. and Brookfield Homes (Ontario) Limited (Brookfield). A Neighbourhood Design Plan was also submitted by both parties. 2.2 Smooth Run and Brookfield have each submitted separate applications for draft plans of subdivision as well as rezonings. A statutory Public Meeting was held on January 9t', 2006. The applications were referred back.to staff for further processing, the completion of the Neighbourhood Design Plan process and a Financial Impact Analysis. The . Financial Impact Study was undertaken by Hemson Consulting for the Municipality of Clarington and included a review of these applications as well. as various major development proposals in other areas of the Municipality. The conclusions and recommendations of the Financial Impact Analysis were presented at the General Purpose and Administration Committee Meeting of February 25, 2008, through Report FD- 007-08. 2.3 On May 28, 2008, both Smooth Run and Brookfield submitted revised draft plans of subdivision and corresponding rezoning applications for only the lands in the south-west comer of the combined overall site, where the applicants believed that servicing would be available for approximately 250 units, referred to as Phase 1. 2.4 On July 28, 2008, a revised Official Plan Amendment was received, as well as a third revision to the two draft plans of subdivision and rezoning .applications based on the entire site. The total number of residential units was 1,567. • AVV T REPORT NO.: PSD-067-09 PAGE 4. 2.5 On August 7, 2008 the Municipality received a Notice of Appeal submitted by the solicitor for Smooth Run and Brookfield, regarding the Official Plan Amendment, proposed Draft Plans of Subdivision and applications for Zoning By-law amendment. The appeals.were filed under Sections 22 (7), 51(34) and 34(11) of the Planning Act, for the Municipality's failure to make a decision in respect of these development applications. The appeals were the subject of Report PSD-092-08, considered -by Committee on September 8, 2008. 2.6 A second statutory Public Meeting, based on the July 28, 2008 submissions was held on September 22, 2008. The applications were referred back to staff for further processing and the completion of the Neighbourhood Design Plan process and resolution of issues. 2.7 On December 10, 2008, a Prehearing Conference before the Ontario Municipal Board was held. At that time, the Municipality and applicant's solicitor agreed to continue to work on resolving the various issues, regarding financial impacts, phasing and environmental concerns. A second pre-hearing conference was held on March 26th, 2009 at which time a third pre-hearing conference was set for July 9th, 2009 to establish the issues for the actual OMB hearing. A date for the OMB hearing was also set for October 5th, 2009 for 21 days. The re-alignment of.Regional Road 17 involved the Region, the' Ministry of Transportation and the developers. It was resolved through mediation held March 6th, 2009, 2.8 On May 6th, 2009 the proponents made a fourth submission of the plans of subdivision. This submission is currently in circulation for comments from review agencies (Attachment 2). 2.9 Since the appeal, there have been on-going "without prejudice" discussions with the proponent to resolve the large number of issues related to this proposal. Given the size of the proposed development, comprising virtually an entire neighbourhood, and given the anticipated time to build-out,.there have been numerous issues under discussion with the applicant, involving the long term .needs of various government agencies and the Municipality. This development was also highlighted in the Study of the Financial Impact of New Developments in Clarington. While it appears that a number of issues might be resolved by agreement, there is an issue of central importance to the developers and the Planning Services Department which remains at an impasse. The purpose of this report is to refer to Council for consideration. 3.0 RESTORATION OF THE FOSTER CREEK TRIBUTARY 3.1 The subject lands are located within the Foster Creek Subwatershed. The Foster Creek Subwatershed Planning Study was finalized in March 2001 by the consulting firms of Gartner Lee Limited (now AECOM) and Greenland International Consulting Inc. The study identified resource management objectives for aquatic and terrestrial habitat, surface and groundwater functions, soil and land resources and wildlife corridors and REPORT NO.: PSD-067-09 PAGE 5 linkages. The report identified the northerly tributary as a- wetland and identified a significant wetland/Forest feature (Site 14) east of Arthur Street. It recommended, among other things, that: • a portion of a "buried" tributary/wetland north of the railway in the vicinity of Arthur Street be uncovered and restored; and • a 100 metre wide corridor be established to connect the Graham Creek and the Foster Creek valleys. The establishment or restoration of native trees and ground cover in the corridor will facilitate wildlife movement and connections between significant environmental features (Attachment 3). The subwatershed study and its recommendations were received by Council in June 2001. 3.2 The two tributaries in the North Village neighbourhood have been severely affected by the drainage and farm practices over the years. ' In the view of the Municipality's consultant, the tiling of the northerly tributary has been somewhat ineffective and a meadow marsh community has developed in the depression which includes the buried watercourse. The watercourse conveys water overland as well as through'the tiles. The alternatives that are under discussion to date are as follows: • The Developer's Proposal: The construction of a new bypass pipes within the road system of the subdivision to convey the water from outside the Plan of Subdivision (east of Arthur Street) to bypass the stormwater ponds and discharge immediately north of the railway tracks into the existing culverts and tributaries; or The Staff Proposal: 4 To restore the northerly existing tributary appropriately designed as a functioning naturalized corridor. 3.3 This matter has been the subject of some discussion since the applications were submitted. The developers have provided opinions from two environmental consultants. Stantec Consulting Ltd. and LGL Limited examined the ecological benefits of daylighting a piped tributary in the subwatershed of Foster Creek, and the benefits of a naturalized corridor adjacent to the CRP railway connecting the Foster Creek and Graham Creek (See Attachments 4, 5 and 6). The proponents are proposing two large stormwater management ponds at the south end of the neighbourhood'and in their view, the ponds would provide an east-west wildlife corridor. Our consultant's view is that this existing configuration does not fulfill the function of a terrestrial wildlife corridor. The developer's consultants have advised that there does not appear to be sufficient local population of animal and bird species to warrant a 100 metre wildlife corridor. The stormwater management feature is an adequate facility to provide east-west conveyance of wildlife. In addition, this feature would create a .road safety issue. With respect to the daylighting of the tributary their consultants concluded it may result in d: REPORT NO.: PSD-067-09 PAGE 6 deleterious impacts on the watercourse including temperature increase and sediment load. In their opinion there is no apparent fisheries benefit. Their estimated cost of daylighting the tributary is estimated to approach $1 million dollars. 3.4 Given the proponents continuing objection to the restoration of the tributary or to provide an alternate proposal to meet the objectives of the Subwatershed Study and with a Municipal Board hearing imminent, staff requested the original authors of the Foster Creek Subwatershed Report to review the opinions provided by the applicant's consultants (See Attachment 7). Gartner Lee, now part of AECOM, continues to support the overriding vision in the original report "to maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem." Natural heritage features in .the Foster Creek Subwatershed area are in short supply. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions than Foster Creek due to intense agricultural practices. Overland connections between watersheds could enhance natural heritage functions. In this instance the east—west railway corridors serve as an anchor for a corridor. With the appropriate wildlife underpasses and fencing, road kill and road safety issues can be mitigated. With respect to daylighting and restoration of the partially buried tributary, AECOM re- confirmed that daylighting the tributary would contribute to creating connectivity within the watershed, as well as conveyance of nutrients and provides habitat for benthic invertebrates. AECOM advises that daylighting would be no more costly than the engineering and construction required to collect the water and deliver it downstream, through a third pipe. The daylighted tributary can be planted with native species to produce a tree canopy which will maintain water temperature levels. 3.5 Planning Staff and GRCA staff have repeatedly requested the developers to amend the proposed Official Plans, Neighbourhood Plans and Draft Plan to include the daylighting and restoration of the tributary and the wildlife corridor. This has not occurred. 3.6 In response to the most recent submission of the subdivision plans, GRCA staff noted that "the lot layout presented in the most recent draft plan continues to ignore the recommendations of the Foster Creek Subwatershed Planning Study. The plan fails to incorporate either of the opportunities presented in the report, one being the restoration of a buried tributary and the other a wildlife corridor along the southern boundary of the property. GRCA staff have been involved in numerous meetings and reviewed several pieces of correspondence from the applicant's consultants regarding the merits of both of these recommendations". GRCA staff remains "of the opinion that a properly restored and naturalized stream channel is the preferred alternative to the current proposal, a piped watercourse. In addition, they are of the opinion that provided wildlife fatality due to increased traffic volumes can be mitigated, a wildlife corridor would serve to enhance the function of a connected natural heritage system". REPORT NO.: PSD-067-09 PAGE 7 4.0 APPLICABLE PLANNING POLICIES 4.1 Provincial, Regional and Clarington planning policies support the concept of planning for the diversity and connectivity of natural features so that the long terms ecological functions and biodiversity of natural heritage systems is maintained, restored or improved. From a policy perspective, "islands" of sensitive features are no longer sufficient, but connectivity is critical. 4.2 Provincial Policy Statement (PPS) Section 2.1 Natural Heritage, states that natural features and areas shall be protected for the long term. The diversity and connectivity of natural features and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored or where possible improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems is defined as: "a system made up of natural heritage features and areas, linked by natural corridors which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. These systems can include lands that have been restored and areas with the potential to be restored to a natural state." Surface Water feature is defined as: "refers to water-related features on the earth's surface including headwaters, rivers stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics". Wetlands are defined as: "means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the sun`ace. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four types of wetlands are swamps, marshes, bogs and fens" Section 2.2 Water, requires planning authorities to protect, improve and restore the quality and quantity of water by using the watershed as the ecologically meaningful scale-for planning. Other related policies are: Section 1.6, Public Spaces, Parks and Open Space policies, states that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. REPORT NO.: PSD-067-09 PAGE 8 Section 1.8, Energy and Air Quality, states that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 4.3 Provincial Growth Plan The Provincial Growth Plan for the Greater Golden Horseshoe is to be read in conjunction with the PPS. Section 4.2.1 . of the Growth Plan states that Planning Authorities are encouraged to identify natural heritage features and areas that complement, link or enhance natural systems 4.4 Durham Region Official Plan 4.4.1 A goal of the Regional Official Plan is to preserve, conserve, and enhance the Region's natural environment for its valuable ecological functions. The development of a connected and functional natural system. comprised of the Greenlands System (identified in the Regional Official Plan) and additional linkages and corridors as identified-in area municipal official plan is encouraged. 4.4.2 The Environmental policies of the Durham Region Official Plan, under the Woodlands' section state: The Region will in cooperation with the area municipalities, conservation authorities and other agencies having jurisdiction, participate in managing the woodlands in the Region by establishing an overall woodland cover target of a minimum 30% of Durham's total land area. 4.4.3 In addition the 'Water Resources' policies- state that during the process of assessing development, streams and adjoining )ands are to be retained in, or rehabilitated to, a natural state, for the protection of fish and wildlife habitat and to minimize alterations to natural drainage systems and sediments entering a watercourse. 4.5 Claringfon Official Plan 4.5.1 A goal of the Plan is to enhance. natural heritage systems and ecological integrity. An objective is to enhance ecological processes, biodiversity and connections within. the natural heritage system. 4.5.2 The Plan states that in order to ensure corridor functions are maintained, and where possible improved or restored, every application for development or site alteration shall indentify planning, design, and construction practices that ensure no buildings or other site alternation impede the movements of plants and animals among natural heritage features, hydrologically sensitive features and adjacent lands. 4.5.3 The Plan notes that there are a number of natural heritage features which cannot be shown on the official plan schedules due to either inadequate information or the nature of the feature. The Plan notes that these features are also important to the integrity of the natural heritage system. Furthermore, the municipality is to prepare a subwatershed • rsa►�r w REPORT NO.: PSD-067-09 PAGE 9 f plan prior to the development of any plan of subdivision, with part of the purpose being to identify the natural features and systems to be preserved, enhanced or restored. The Foster Creek Subwatershed study was completed in 2001 and the recommendations were received by Council in principle. 5.0 IMPLICATIONS OF THE RESTORED.TRIBUTARY AND/OR WILDLIFE CORRIDOR TO THE SUBDIVISION DESIGN 5.1 The Village North Neighbourhood area has been affected by aggressive farm practices and, outside of the tributary, has only farm hedgerows. As a whole, this makes the lands extremely efficient to develop but lacking in any natural character for its residents. AECOM noted that the Foster Creek Watershed, as a whole, even taking into account of all restoration opportunities could achieve 4% forest cover. Even in the last few weeks, the site has been disturbed.with a portion of the tributary area being regraded and planted with a cover crop. The restoration of this tributary provides an opportunity for improving the forest cover in the watershed and natural open space area for residents of the neighbourhood. 5.2 The subdivision design to date has involved the planning for two large stormwater ponds.at the south end of the development and the future construction of two by-pass pipes to convey water from outside . of the neighbourhood around or under the stormwater ponds to be discharged southerly near the railway. The development proposal requires extensive regrading, in part as the proponent wants to minimize costs by attempting to maintain a cut and fill balance on the site. Thus the substantial quantity of soil excavated for the stormwater ponds is to be moved to other parts of the site. In addition, lands requiring regarding to accommodate the proposed servicing scheme and deal with some steep grades. Retaining and restoring of the northerly tributary will require re-engineering of the project as currently proposed, potentially including the relocation of the stormwater ponds. 5.3 The restoration of the tributary would require a corridor approximately 30 m wide. This would yield a loss of approximately 1.6 ha from the site. This is equivalent to approximately 35-40 units, assuming the densities currently proposed for the site. 5.4 If the wildlife corridor was,to be incorporated along the railway, both our consultant and GRCA indicated that it could be less than 100 m as originally proposed. The impact of the corridor would be the relocation of the ponds northerly and the loss of more than 50 lots. 6.0 CONCLUSION 6.1 The restoration of the northerly tributary is the preferred option, if only one is.to be implemented. tt provides a number of environmental benefits including: ---- -- -_ ��. rw".= .ts REPORT NO.: PSD-067-09 PAGE 10 • Enhanced ecosystem function including the creation of wildlife habitat and habitat for benthic invertebrates and the contribution of nutrients for downstream fish habitat, a reduction in flashy floods, removal of waterborne pollutants, and array of ecosystem services associated with riparian and forest vegetation; • Increased forest cover in the Foster Creek watershed; • Enhanced connectivity with the significant swamp forest, thicket and meadow marsh referred to as Site 14 to the east of Arthur Street; and • Open space opportunity for residents of the neighbourhood. 6.2 The costs of engineering and constructing the by-pass pipe solution have not been provided and the costs of the restoration of the existing watercourse would appear to be exaggerated. Utilizing Stantec's cost estimate but applied to a more accurate length following the existing watercourse, the estimated cost is $800,000 but could be much less since with limited flows there is no need for intensive design and engineering. The cost of the by-pass pipe also requires engineering the solution, constructing the pipe and excavating the the drain. Our consultants indicate that many of the costs overlap with and may not be much cheaper than daylighting through natural channel design. The major concern relates to the loss of some residential units. 6.3 Our consultant has noted that there is always more than one solution to improve ecosystem integrity. Alternative means of achieving the goals of the Official Plan and the Subwatershed Plan could be explored through further discussion following Council's decision on the matter. 6.4 Since this matter is before the Ontario Municipal Board, Committee may want to discuss some legal aspects related to the appeal and the Municipality's position. The Solicitor will be present and a legal update can be considered in session. Attachments: Attachment 1 -- Neighbourhood Design Plan Attachment 2 — Fourth Submission of Draft Plan of Subdivisions Attachment 3 — Extract of Subwatershed Study Attachment 4—Stantec Consulting Ltd. —Opinion Letter Attachment 5—LGL Limited —Opinion Letter, February 15, 2008 Attachment 6— LGL Limited —Opinion Letter, June 13, 2008 Attachment 7 —AECOM — Peer Review Letter REPORT NO.: PSD-067-09 PAGE 11 List of interested parties to be notif+ed of Council's decision: Bryce Jordan, Sernas Associates Smooth Run Developments Brookfield Homes (Ontario) Limited Hugh Allin Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown, Jerry Reffosco Joanne Raymond Steve Holliday b F r"TL{QVI IE E IGI E( To Report PSD-067-0� . SITE STATISTICS — --------- ---------I ! 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October 11, 2006 File No. 160960242 Carlos.Salizar, Planner Municipality of Clarington 40 Temperance Street Bowmanvil16 Ontario Dear Mr. Salizar: Reference: North-Village Neighborhood Plan Part of Lot 27 and 28,Concession 2 Village of Newcastle, Municipality of Clarington At the request of Smooth Run Developments and Brookfield Homes we have completed a review of the recommendations of the Foster Creek Subwatershed Planning Study(Gartner Lee Limited and Greenlands International Consulting Inc. March 2001) as they apply.to the North Village-Neighborhood Plan (the Subject Lands). This review was discussed at meetings earlier this year with Town Planning staff and members of the Ganaraska'Region Conservation Authority. Located north of the Village of Newcastle,the Subject Lands are bordered by the CPR railroad tracks to the south,Arthur Street to the east, Concession 3 to the north and Regional Road 17 to the west, and are owned by Smooth Run Developments and Brookfield Homes (the proponents). The Foster Creek.Subwatershed Planning Study recommends that a substantial portion of the southern Subject Lands be.set aside as part of a Greenlands System,to allow for the re- opening or`dayiighting"of a buried tributary to Foster Creek,the naturalization of agricultural land and the creation of an ecological corridor between Foster Creek and Graham Creek wastersheds. The recommendation is not detailed but it appears from Figures that that the intent would be to open the tributary through the entire North Village Neighborhood from the CPR tracks to Arthur Street(see pages 99-100 and Figures 11 and 13 in the subwatershed planning study). Stantec October 11,2006 Page 2 of 7 Reference: North Village Neighborhood As was discussed at the meeting with Town and GRCA staff earlier this year, the proponents had some questions about this recommendation to"reopen"the northern tributary across the Subject Lands to connect the CPR railroad tracks with Site 14 west of Arthur Street. Specifically the questions with regard to this recommendation include: 1. What are the specific ecological watershed functions to be performed by the recommended measures? 2. What are the relative costs and benefits associated with the recommendation? 3. Is there an alternative approach that could provide substantially the same benefits at lower cost? The information below represents our answers to these questions. 1. Ecological watershed functions potentially addressed by re-opening the Northerly Tributary. The subwatershed planning study apparently does not provide substantial ecological data from the eastern tributaries of Foster Creek that cross under the CPR tracks and through the existing village of Newcastle. Figure 10 in the subwatershed planning study indicates that flow and surface water sampling stations were established (SW6, SW9 ands SW10); along with Fisheries Habitat(1-19) and Benthic Invertebrate (1316) stations. However, the version of the plan made available to me does not contain data for the water quality(Table 9), benthic stations(Table 10 and Appendix C-3), or fish habitat(Table 11). Natural vegetation on the North Village Neighborhood lands is limited. Figure 11 in the subwatershed planning study indicates that Site 15, made up of Polygon 62, is a meadow marsh dominated by reed canary grass. Field work by Stantec Consulting Ltd. conducted in 2006 indicates that this location is a grassed water-way constructed through a farm field,and that is occupied by a range of common grasses.There are wetter areas near the culverts and where grading has created small depressions, but the majority of the site is anthropogenic and does not represent a wetland community. The continuation of the grassed waterway upstream of Arthur Street(polygon 63) is similar to the grassed waterway on the North Village Neighborhood lands, and appears to be more appropriately characterized in the subwatershed planning study as cultural meadow. Site 14, which is east of Arthur Street is listed in the subwatershed planning study as a significant site(page 57) and"a connection between the CPR railroad across to site 14"(page 58) is recognized as a possibility, although it is noted"existing farm buildings that will be affected and therefore will be difficult to achieve." Under the wiidlife habitat discussion (pages 63 to 66)core habitats are identified at the mouth and headwaters of Foster Creek and it is concluded that the focus should be on maintenance and enhancement of these features with a second priority being maintaining the corridor of the main,branch of Foster's Creek that links these two features. vane <n i Stantec October 11, 2006 Page 3 of 7 Reference: North Village Neighborhood Site 14 is identified as being linked to the forest areas in Graham Creek and playing an important role in bird habitat functions in that watershed. The stated benefit of linking this area to the railroad corridor is to provide a "circular route"for wildlife movement, although, which wildlife species and how this route would enhance their habitat, are not specified. There is no mention in the subwatershed study of aquatic habitat benefits or stream hydrology benefits that might arise from re-opening or"daylighting"of the stream. This is despite the fact that the vast majority of creek daylighting projects undertaken are founded primiarily on stream hydrology and aquatic habitat benefits. Based on the limited information summarized above the ecological benefits of the recommendation to reopen the northem-most of the two eastern tributaries would appear to be limited to a third level wildlife habitat function vaguely described as a"circular route".or"multiple opportunities for wildlife movement". Given that daylighting streams can be an extremely expensive undertaking this seems like insufficient justification of the recommendation. To,further investigate the potential benefits of re-opening the stream, aquatic habitat data was collected by Stantec Consulting Ltd. in July of 2006, for the area downstream of the North Village Neighborhood The following is a summary of those 2006 observations. Eastem Dibutary of Foster Cfeek The area upstream of Arthur Street and the proposed new channel site is currently under agricultural production (Photo A), over moderately hilly topography. The area downstream of Arthur Street proposed for daylighting is currently an agricultural grassed waterway with no defined channel due to the presence of a pipe that directs flow to the main stream channel further down the watershed. Examination of the stream channel where it daylights approximately 10 metres northeast of the railway tracks on the southern edge of the property revealed a small defined channel approximately 15 cm wide,with a depth of 5 cm or less(Photo B). The water temperature was measured at 15 degrees, many degrees below ambient air temperature, reflecting the long residence time in the pipe under grassed waterway as well as possible groundwater contributions. Photo A—Agriculture upstream of Arthur Street F-. 9 St AP Apr 41 stantec - October 11, 2006 Page 5 of 7 Reference: North Village Neighborhood Overall,the tributary downstream of the area proposed for daylighting provides low quality fisheries habitat due to the number of alterations, as well as the diffuse, shallow channel features. Creating an open channel upstream of this reach will not add significant value to the existing habitat, as fish passage is limited under regular low flow conditions. To the extent that the re-opening may result in some water quality changes compared to the piped flow, such as temperature increase and sediment load, the quality of habitat downstream could even degrade slightly. In summary, the watershed ecological functions that the proposed re-opening of the tributary and the naturalization of agricultural lands could enhance include: • Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. • An increase in the amount of marginal fish habitat in the watershed. • An increase in the total amount of natural vegetation cover. 2. The relative costs and benefits associated with the recommendation Published experience in Canada and the United States(see for example Dayiighting: New Life for buried streams. Richard Pinkham, Rocky Mountain Institute, 2000) indicates that the cost of daylighting streams can range from less than $100 per foot to upwards of$1000 per foot, not including lands costs. Lower cost efforts tend to be characterized by volunteer labour, in kind contributions and simple stream systems with minimal grading required. From the Functional Servicing Plan for the North Village Neighbourhood plan it appears that approximately 600 m of stream could be subject to daylighting.Assuming that this is a reasonably simple system and applying a cost of$1600 per metre (roughly$500 per foot)the total cost could easily.approach $1,000,000, excluding the cost of the land. Based on Figure 13 in the subwatershed planning study more than 10 hectares of otherwise developable land would be lost on the North Village site alone, and a similar amount of land would be lost for future development east of Arthur Street. Reduction in developable area adds to per unit costs for infrastructure and drives up the cost of servicing and.maintaining Clarington's urban fabric affecting tax rates, house prices etc. Taking into account these types of indirect costs the total dollar cost of the proposed daylighting will be several millions of dollars spread out across landowners, the residents and the Municipality. Costs of this magnitude can be justified if the resulting environmental benefits are similarly large and significant.The challenge is that often environmental benefits do not have a clear dollar value associated with them, and it can often be difficult to balance the costs and benefits. However a qualitative assessment of the relative value of the environmental benefits is often possible. In the review above the following potential benefits were identified: • Enhanced wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. • An increase in the amount of marginal fish habitat in the watershed. • An increase in the total amount of natural vegetation cover. 1 aVG V VI'f Stantec October 11,2006 Page 6 of 7 Reference: North Village Neighborhood These potential benefits,while important at a local scale, will not result in not major impacts on the ecology of the subwatershed. On a relative basis it seems clear that the limited benefits do not justify the high costs.This is particularly true if similar, or even greater, watershed scale benefits could be achieved at lower costs. This is the issue addressed below. 3. Alternative approaches to achieve similar benefits at lower cost. Enhance wildlife movement between the Foster and Graham Creek corridors As noted on page 61,the majority of birds wildlife listed in the subwatershed study are adapted to"field, forest edge and urban fringe habitats"The same could be said of the mammal species encountered as the full range from short-tailed shrew to deer are known to frequent urban, semi-urban and agricultural landscapes. These species will readily move through semi- naturalized low maintenance vegetation found along linear features such as railroad tracks and through low maintenance areas of stormwater management ponds, parks, and open spaces. The south end of the proposed North Village Neighborhood includes all these uses backing on to the CPR railroad tracks. With some minor modifications a minimum 30 m strip of these low intensity low maintenance uses could be incorporated into the plan. This would provide an adequate mid-watershed movement corridor between Foster and Graham Creeks. Given that the corridor must cross Regional Road 97 and Arthur Street, it is, and will remain, a compromised corridor. To make a portion of the corridor 900 to 400 metres wide would not compensate for the constraints posed by the road crossings, and would not add substantially to the function of the area. Increase the amount of marginal fish habitat in the watershed. Overall,the tributary downstream of the area proposed.for daylighting is moderately low quality habitat. Creating an open channel upstream of this reach will not add signiftcant'value to fish habitat in Foster Creek, and will only increase the amount of low to moderate quality habitat. A better approach would be to substantially improve the quality of existing habitat in the main branch of Foster Creek. Several examples of projects that would greatly exceed the benefit of the proposed day-lighting at much lower cost can be drawn from the subwatershed study discussion (see page numbers from.subwatershed study below for details): • Increase buffering and riparian plantings in agricultural areas(page 46); • Removal of debris and barriers throughout the main branch; • Increased habitat diversity in upper reaches(page 49); • Carp exclusion in the lower reaches of foster Creek(page 49). Additional examples of lower cost higher benefit fish habitat enhancement could be developed in conjuction with the Conservation Authority Staff and other interested parties. One ecological function not'addressed by the proposal to daylight the eastern tributary is the fact that the pipe underlying the grassed water way contributes relatively cool baseflow to Foster Creek just upstream of the CPR tracks.This function should be preserved in the servicing of the proposed development. r Standee October 11,2006 Page 7 of 7 Reference: North Village Neighborhood A bypass pipe should be included in the servicing concept to take the relatively cool and clean extemal flows from upstream of Arthur Street and bypass the stormwater management facilities associated with the proposed development, discharging downstream of the SWM outlets. This will prevent the extemal flows from being warmed in proposed Pond E. Increase the total amount of natural vegetation cover. Approximately 10 ha of development land would be set aside for naturalization under the approach recommended in the subwatershed study. This area would be in the middle of the watershed isolated by Regional Roads railroads lines and adjacent urban development. A much greater ecological benefit could be realized if the natural core areas at the confluence with Wilmot Creek and in the headwaters were enhanced.Approximately one hectare of relatively natural habitat, in the form of a 30 metre wide corridor along the CPR tracks would provide the urban corridor required for the species encountered in the area between Foster and Graham Creeks, and the time effort and plant material that would have gone into the other nine hectares of corridor could be better invested in enhancing the core natural areas and improving riparian habitat along the main branch of Foster Creek. In summary,we have concluded that the costs of the proposed daylighting of the eastem tributary far outweigh the ecological benefits of the proposal. Much greater ecological benefits could be realized from enhancement of the core natural areas and fish habitat improvement works on the main branch of Foster Creek..A simple bypass of external water flows around North Village Neighborhood and provision of a 30 metre wide semi-natural corridor along the CPR tracks is the optimum balance point between costs and benefits. Sincerely, STANTEC CONSUL NG LTD. David Charlton, M.Sc., P.Ag. Senior Principal, Environmental Management Tel:(519)836-6050 Fax(519)836-2493 dchar-fton@stantec.com ' Attachment 5 To Report PSD-067-09 ttl.p- LIMITED - - environmental research associates 22 Fisher Street, PO Box 280 Tel: 905-833-1244 Fax: 905-833-1255 Email: kingcity@lgl.com URL:www.Igi.com February 15, 2008 Carlos Salazar, Planner The Municipality Of Clarington 40 Temperance Street Bowmanville, Ontario Reference: North Village Neighbourhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington LGL Limited(LGL) was retained by Smooth Run Developments and Brookfield Homes in July 2007 to provide advice respecting selected recommendations of the Foster Creek Subwatershed Planning Study, as they pertain to the (Newcastle) North Village Neighbourhood Plan area. Specifically, LGL was asked to provide opinion on; 1. the necessity for a wildlife conveyance corridor of 100 metres is width to be developed abutting the CPR R.O.W.; and 2. the advisability of"daylighting"a buried (farm-tiled) tributary. Corollary to the daylighting issue is the matter of the study-recommended step to-develop a wildlife conveyance feature centred on the redeveloped watercourse, which would connect the previously noted 100 metre wide (enhanced rail R.O.W.) corridor with the watercourse;crossing at Arthur Street. In preparation of this letter, we visited the subject lands and adjacent areas (July- December,2007) conferred with municipal and Conservation Authority staff(site meeting of December 14, 2007),.and reviewed the Subwatershed Study, relevant file correspondence, and planning figures as prepared by MBTW and Semas Associates.. In addition, LGL has reviewed literature sources that address the aforementioned wildlife Issues. Of particular relevance are the Foster Creek Subwatershed Planning Study (Planning Study), and a letter dated October 11, 2006 from Stantec to the Municipality of Clarington,Attention Carlos Salazar, Planning (attached). The former provides a vision for a greenway framework comprising cultural, naturalizing and remnant natural features, enhancements to such features, and new connecting corridors. This Planning Study also recommends exposing farm-tiled groundwater flows; Page-1 Municipality of Clarington LGL Limited North Willage Neighbourhood Plan February 2008. - nr.ra •.. �h� ....nw ��•F..��..L.: n1 L.....l.. ..-..tea:.-... � �_._a_a_J .___a and in the case of the subject lands,creating a vegetated watercourse corridor between the enhanced CPR R.O.W. and Arthur Street. The Stantec letter of October 11, 2006 discusses the Planning Study in the context of landowner concerns, relating to the daylighting issue of the buried tributary(noted above) and the enhancement of the Rail R.O.W.corridor, and discusses the costs and benefits of the planning recommendation and recommends alternative approaches to those offered in the Planning Study. The two principal issues addressed by LGL are discussed as follows: 1. the necessity for a 100 metre wide naturalization at the interface of the CPR R.O.W. and the North Village Neighbourhood Plan Area,principally to enhance the conveyance of animals between the Foster and Graham Creek watersheds,. .The Planning Study basis for the development of the greenway framework in general, and the above-noted enhancement in particular, is grounded in the science of landscape ecology and is built upon the premise that enhancing and connecting islands and corridors of green always provides a net benefit to plants and animals. Page 64 of the Planning Study identifies four terms used in the scientific discussion of connectivity and wildlife habitat. The introduction of these terms implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature. Additionally, it presumes that urban/ex- urban animals cannot and do not successfully enlist the services of anthropogenic features to travel between vegetated units within and/or adjacent to the built environment. Based on our knowledge of the literature and on our professional experience, it is fair to say that neither premise is accurate. Although the Planning Study provides a list of wildlife species encountered within the study area, there is no detailed body of data. This is not unusual for this level of study; however, given the sweeping nature of the greenlands recommendations it would have been helpful. Of particular use would have been data respecting animal numbers in the areas proposed for enhancement. in the absence of this information, LGL undertook such focused studies to confirm the character of wildlife usage within and adjacent to the rail R.O.W. and also in the main branch corridors of Graham and Foster Creek watersheds. The.results of this work confirmed the presence of a wide*variety of species (3 amphibians,49 birds, 24 mammals,4 reptiles),albeit in moderate to low numbers,with less diversity and lower numbers within the railway lands (2 amphibians, 31 birds, 15 mammals,2 reptiles). The above numbers exclude migrant birds. The majority of these species are urban tolerant and would be habituated to human presence. Urban subsidized species (gray squirrel, house mouse, Norway rat, raccoon and striped skunk) were prominent in numbers as were predatorial species such as deer mouse,coyote, red fox, American crow, blue jay,and common grackle(gray squirrel, raccoon and striped skunk also fit the second category). Virtually all of these species may be expected to persist through the development period and remain (or increase) in post development years. All of the above noted animals currently appear to be navigating Page 2 Municipality of Clarington LGL Limited North Village Neighbourhood Plan February 2008 mill n:y,v vvrirur, n,ur rrre,wr.r_r\ rr,r. rur:r�rnn r,urirrai\ r10THM/0\/tom effortlessly within and between the watersheds utilizing cultural pathways, including the rail R.O.W. Although the provision of new green space outside of and paralleling the R.O.W. would benefit this situation,there is no apparent biological requirement for this change to maintain the current condition and there does not appear to be a significant,enough local population to warrant the size of a greenspace dedication as proposed in the Planning Study. Additionally, unless any green enhancement of lands abutting the rail R.O.W. is fenced to exclude humans and companion animals, the disturbance factor will result in wildlife selecting the railway lands over the designed greenspace due to the familiarity and isolation of the former. The principal benefit of new greenspace would be to buffer the rail corridor for wildlife and to provide additional conveyance opportunities between watersheds for selected nocturnal moving species. A significant downside to attracting increased numbers of animals to transit between watersheds, regardless of the width of any future greenway, is the crossings they will have to make of Regional.Road 17 and Arthur Street, both of which will carry significantly more traffic at build-out. Enticing greater numbers of relatively slow moving ground-based animals into traffic corridors is not sound urban wildlife management and can result in significant road safety issues for drivers. A setback width of 20—25 metres for the stormwater management feature(i.e. the"permanent pool")from the CPR property boundary is adequate'to facilitate east/west conveyance of wildlife, and will suitably buffer wildlife pathway functions within the railway lands. Wherever possible, the area between the rail lands and the ponds (including the "park block") should be planted in coniferous species (white spruce, red and white cedar and white pine) with occasional tall deciduous tree accents (burr and red oak). The interface zones of the greenway feature with Regional Road 17 and Arthur Street (15—20 metres) should be vegetated only in herbaceous cover; these areas should be cut at least twice yearly generally to increase visibility of roadside wildlife and to ensure animals crossing these roads do not break from cover in a manner which creates a road safety issue. The greenway unit should not include trails or other features that encourage residents to consider this area a recreational zone; signage in this regard may be necessary. The greenway corridor should not be separated from the stormwater management area by fencing. 2. The advisability of"daylighting"a buried(farm-tiled)tributary. The Planning Study recommends "daylighting"a buried tributary on principle to recover riparian habitat and in the process provide a new wildlife movement corridor connecting northeast across Arthur Street to lands that currently are farmed or idle (plantation) and are not within the urban boundary. Page 3 Municipal of CJaring(an LGL Limited North Village Neighbourhood Plan February 2008 The issue of exposing the underground flow or maintaining it in an underground pipe for delivery to the creek channel at the.rail R.Q.W. is discussed by Stantec, who recommend the later. We agree with Stantec on this matter. Specifically, it is Stantec's opinion that the daylighting of the tributary may result in.deleterious impacts on-the watercourse, including temperature increase and sediment load.. Additionally, Stantec note that the Planning Study does not mention that aquatic habitat benefits or stream hydrology benefits will arise from the daylighting exercise, in spite of the fact that the majority of watercourse daylighting works are grounded principally on precisely these foundations. Notwithstanding these comments, we appreciate that delivery of groundwater in a buried fashion, however cool it may be,will not have a profound impact on the downstream thermal regime of Foster Creek. However, we,too, are of the opinion that taking the course of action proposed in the Planning Study provides no apparent . fisheries benefits and could be detrimental in the long run to down-gradient conditions (foreign substances washed into the watercourse and general warming of groundwater). Secondly, and as recommended by Stantec, we agree that the piped groundwater should not be processed through the stormwater management system. In the event a third pipe option is exercised to collect groundwater within the development envelope, it is acceptable to combine the two sources. Lastly, it is our opinion that the Planning Study recommendation to design a tributary-based greenway between the enhanced rail R.O.W. and Arthur Street, across what is now a farm field, is something to be viewed as an example of urban wildlife mismanagement. Implementation of this plan undoubtedly will result in road traffic wildlife fatalities and significant road safety issues as Arthur Street is upgraded with development. Secondly, encouraging wildlife to loop northeast onto third party lands in the hope that they will all turn southeast and return to the connecting rail corridor, in our opinion, is wishful thinking. In addition, it will increase wildlife numbers,including those species which come in conflict with humans, on lands to the east of Arthur Street,where they may not be appreciated by landowners. The above comments comprise the results of LGL's review of background natural heritage documents, the development proposal,discussions with Town staff, and site- specific investigations. These findings confirm that the Resource Management Objectives of the sub-watershed study generally will be met through.development as proposed. Sincerely, r` f � Y�4'k' J. Robert Nisbet . Senior Biologist Page 4 Municipality of Clarington LGL Limited North VillageNeighbouthood Plan February2008 Attachment E A To Report PSD-067-05 233 Huycke Street Cobourg, Ontario CANADA K9A 5K8 C905-372-3261 ®: 905-372-3281 environmental research associates 11: rhisbet @lgl.com T. WWW.Igl.com . Head Office.22 Fisher St.,P.O.Box 280,1Gng City,Ontario CANADA UB 1A6 9:905-833-1244 M:905$33-1255 6d:kingcity @lgl.com ®:www.lgl.com June 13,.-4008 Sernas Associates 110 Scotia Court, Unit 41 Whitby, Ontario L1 N 8Y7 } Attention: Mr. Bryce Jordan Re: North Village Neighbourhood Plan,.Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study Ganaraska Conservation Comment Letter Dated April'1, 2008 Sent from Greg Wells(GRCA) to Lisa Backus(Clarington) Dear Bryce, At your direction, we have reviewed the above noted GRCA letter and herein offer our thoughts respecting the Conservation Authority's recommendations to the Municipality. Our comments are derived through consultation with LGL ecologists and fisheries.biologists who have experience in similar land use conversion exercises, and from a review of the research conducted by Stantec(letter of October 11, 2006 to the,Municipality). LGL refers to the Stantec letter in our correspondence of February 15, 2008. The following comments are offered in order of page and paragraph position from the GRCA letter. 1. Page.one, Paragraph one: the first sentence refers to implementation of the measures and recommendations of the Foster Creek Subwatershed Planning Study (Study) as a pre-requisite for development. Whereas this may be the intent of the Authority and the Municipality, in practice, implementation of all such measures and recommendations appears fragmentary and discretionary I the application in hand is an accurate example. We draw attention to the matter of day-lighting "buried tributaries." The Study notes that "eastern tributaries have been buried north of the CPR tracks" (Section 6.7.1, bullet(a)) and recommends in Section 6.7.2(bullet(a))to"bring the buried tributaries above ground" as an impact mitigation measure." Three such "tributaries"are found within the subject lands, yet only a portion of one of the three sub-ten•anian channels is requested by the Authority to be day-lighted. Using this example alone it is clear that implementation of the Study measures and recommendations in regard for development is approached neither in a compulsory nor a comprehensive fashion by the Authority and/or the Municipality; instead, flexibility apparently is exercised by one or both bodies. It is this flexibility and discretionary decision-making that Stantec and LGL understood was in place when we made . our respective recommendations to the landowners. 2. Page one,.Paragraph One: the last sentence references restoration of a"buried tributary." The reference might better be worded a buried farm drainage channel for the following reason. We have no historical information regarding the'pre-tiling of the surface drainage.period respecting the precise location or configuration of any original channel; although we agree,that current Established in 1971 ONTARIO•BRITISH COLUMBIA NEWFOUNDLAND•ALASKA•TEXAS•WASHINGTON STATE Page 2 topographic conditions suggest it would be in this general area, at least from sometime in the late 1 e Century, and probably previous to forest clearing and settlement. It is likely that in the initial years after clearing (with the establishment of the roadway)that run-off flowed south along the east side of the roadway, or overtop of it during flood conditions: in our opinion, the current location almost certainly is an artifact of farming practices, not nature; any day-lighting would comprise restoration of a cultural feature or potentially, the creation of anew surface drainage channel. This opinion is offered, in part, on the basis of our knowledge of 19 Century farming practices.as are documented through the social science discipline of historical geography. 3. Page one, Paragraph two: This wording suggests that in the Authority's mind, the proposed Stormwater Management facility(and park), albeit reduced in width from the Study recommendation, comprise an enhancement of the existing rail R.O.W. corridor; and that they concede the Study recommendations (including the 100 metre width) need not be implemented, further reinforcing the point made above. Additionally, they agree that development of a wildlife corridor, as recommended through the Study, will result in an increased occurrence of wildlife fatality. 4. Page one, Paragraph three, sentence one: Mr. Well's notes no GRCA intent to link wildlife movement off-site by day-lighting the fame drainage channel; their purpose being to restore riparian habitat. LGL.does not attach any such intent, but rather provides opinion of what will happen by default if the corridor is created. Secondly, whereas it may not be the intent of the GRCA, it was clearly the intent of the Sub-watershed Study authors. Notwithstanding Mr.Well's comments, it is relevant to note that the day-lighting exercise proposed in the Study extends north only to the point where it can conveniently turn due east to link with an off-site woodland. If wildlife connectivity wasn't the intent of the Study, and riparian habitat was, then why didn't the Study suggest continuing the day-lighting through the entire length of the drainage channel,to the point of the culvert crossing at Arthur Street, where the corridor walkway also could link with the sidewalk? 5. Page one, Paragraph three: The third sentence of this paragraph acknowledges that a buried water source will provide better"temperature regimes"than day-lighted conditions although the latter situation would be "acceptable'due to the cooling effects of riparian plantings. This issue was discussed at the site meeting in December when LGL noted.that even with extensive plantings it would take decades before surface water conditions receive significant relief from solar impacts. Mr. Wells and a former GRCA fisheries biologist were present at this meeting and neither of these individuals(nor municipal staff disagreed with LGL's observation. 6: Page one, Paragraph three, Sentence four. LGL's opinion remains at variance with that of the Authority on this issue. On the basis of fisheries benefits alone, we do not believe the matter can be quantified to the extent that a winning opinion is identified. Both approaches have their benefits and these benefits will be somewhat neutralized as up-gradient flows join the creek course south of the CPR corridor. However, it is clear to LGL that sedimentation is an issue for the construction period and the immediate post build-out years if the channel is day-lighted; the same is not the case if flows are conveyed underground. Secondly,we agree that, over time, a naturalized channel design can create benthic invertebrate production and provision of allochthonous material; however, the quality and quantity of such production is dependent upon anthropogenic area use variables, which largely.are uncontrollable. These include higher water temperature regimes in the early years, and on-going impacts from adolescents and companion animals, which may be expected to frequent the watercourse banks and channel resulting in contaminant loading of the watercourse. On balance,we believe that in this case, there is no clear fisheries benefit to day- North Village Neighbourhood Plan,Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality,of Cladngton LGL Limited Policy Implications of the Foster Creek Sub-Watershed Planning Study ,rune 13, 2008 TA4573 Page 3 lighting versus maintenance of the status quo, albeit in a different channel location. Conversely, on the issue of the proposed greenway connection between the daylighted tributary corridor and Arthur Street, LGL sees no such fisheries, aquatic habitat improvement or terrestrial wildlife benefits. 7. Same paragraph, Pages one and two, Sentence five: This issue has been commented on above, and we agree that cooling advantages of an underground delivery would be somewhat compromised when blended with the flows emanating from stormwater management features. However, such adverse affects can and should be minimized through pond design, which ensures an appropriate stratification of the water column, and releases flows which are as cool as possible, therein, this measure is encouraged through the Sub-watershed Study(Page 89, Section 6.6.3(g), reducing the thermal impacts of pond wafers on buried flows when they are blended south of the rail corridor. 8. Same paragraph (three), Page two, Sentences six and seven: The issue of"sediment loading" and "foreign substance"introduction is noted above. In addition, we recognize that (non-riparian) "surface flows will be captured and treated by stormwater management facilities prior to re- introduction to the (Foster Creek) system;" however, in open creek blocks through the construction period and beyond, the day-lighted reach will experience higher than average sediment loading than in a piped state, and will receive foreign substances (from above noted and other anthropogenic sources) irrespective of the "filtration capability of a naturalized vegetative buffer.' It is LGL's experience that even with the best of mitigative measures, these issues will prevail with the creation of a surface channel, but to a much lesser extent with a piped conveyance feature. 9. Page two, First full paragraph: Notwithstanding the above comments, and consistent with a focus on "aquatic habitat improvements" as noted in the GRCA letter, consideration should be given to any practical development of a day-lighted portion of this "tributary"where it transits public lands and/or the stormwater management block. We trust these comments are of use to you in your on-going discussions with the Authority and the Town. Please do not hesitate to contact the undersigned for clarification of points addressed in this correspondence. Sincerely, Robert Nisbet Senior Wildlife Biologist LGL Limited C. Carlos Salazar, Municipality of Clarington Cynthia Strike, Municipality of Clarington Lisa Backus, Municipality of Clarington Greg Wells,GRCA Mark Peacock, GRCA Bruce Fischer, Metrus Tom Alban/,Metrus Peter Schut;Brookfield Roslyn Houser, Goodmans North Vlilege Neighbourhood Plan, Part of Lot 27 and 28,Concession 2 Village of Newcastle, Municipality of Clarington LGL Limited Policy lmPllcations of the Foster Creek Sub-Watershed Planning Study June 13,2008 TA4573 Attachment 7 To Report PSD-067-09 ' AECOM AECOM 300-300 Town Centre Boulevard,Markham,ON,Canada 1.3R 5Z6 T 905.477.6400 F906.477.1456 www.aecom.com June 19, 2009 Project Number: 111885 Mr. Dennis Hefferon South Tower, Royal Bank Plaza 200 Bay street prepared at the request of counsel Suite 2600, P.O..Box 185 Toronto, ON M5J 2.14 Dear Mr. Hefferon: Re: North Newcastle Neighbourhood — Response to Peer Review of Foster Creek Subwatershed Study Recommendations AECOM has been requested by the Municipality of Clarington to assist with development issues within the Foster Creek Subwatershed. Specifically, we were asked to review comments provided by Stantec Consulting Ltd. and LGL Limited directed at two recommendations of the Foster Creek Subwatershed Planning Study(2001)as follows,: a) Bring the buried tributaries above ground(page 92), b) Corridors at least 100 m in width (total) approximately centred on the main creek valley,plus one of the buried tributaries,and, c) Corridors of at least 100 m in width adjacent to the CPR and CNR rail lines, east of Foster Creek, to provide landscape connectivity among the natural areas associated with the Graham Creek Subwatershed(page 97). AECOM was to provide our opinion with respect to the Stantec and LGL comments. In addition, AECOM was asked to comment on the estimated cost involved in daylighting the tributary, and whether downstream enhancements are reasonable compensation for not undertaking the daylighting. In order to prepare this opinion,the following documents were reviewed: Gartner Lee Limited and Greenlands International Consulting Inc., 2001. Foster Creek Subwatershed Planing Study. Prepared for the Municipality of Clarington. Stantec Consulting.Ltd., October 11, 2006. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. (7118 IJunet}U9 IoNr aeak_pem nvi�w.doc) IJIMJntr.11 �11 IIIH n+nnt�cr nr rnitntaot Paget Mr.Dennis Heffen;n prepared at the request of counsel June 19,2009 LGL Limited, February 15, 2008. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. Peacock, Mark, 2008. Email addressed to Councillor C. Trim regarding North Village Neighbourhood Telephone conversation. MBTW — Watchorn Group and Semas, 2008. Neighbourhood Plan, North Village Neighbourhood. A site visit was undertaken on June 15, 2009. Note that no rationale for servicing, stormwater management or other documents that indicate how the Plan intends to manage the unique groundwater conditions on this site,,rior maintain flow to the two un-named tributaries was provided as part of the scope of this review. Comments are therefore confined to the content of the two letters and the maintenance of the natural heritage functions on the site without specific reference to the servicing of the Neighbourhood Plan. 1, Overview of the Recommendations (2001) The Foster Creek Subwatershed Planning Study(FCSPS), completed in 2001, benefited from advice from the Steering Committee and Public Information Centres and includes final editing from the Municipality of Clarington and Ganaraska and Region Conservation Authority. The Vision agreed upon was: `to maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem." These recommendations for the Greenlands System were confirmed as reflecting the achievement of that vision. When the FCSPS is read in its entirety, the point is made that natural heritage is in very short supply in this subwatershed. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions (also known as ecosystem services) than the Foster Creek valley which has been subjected to intense agricultural activities. The comments in this letter are focused on two tributaries to the Foster Creek that arise in the north- eastern comer of the watershed, pass through the Town of Newcastle and merge with the main channel just north of Durham Road 2 (formerly Highway 2)_ These headwater streams collect groundwater that has infiltrated.into the sand veneer in this portion of the watershed. The northern tributary has been modified through agricultural practices but passes into a restored wetland and plantation east of Arthur Street, providing connectivity via hedgerows to Nine-mile swamp, and to Site 14 (discussed below), and to the Graham Creek via weak linkages along hedgerows and the CPR. From Arthur Street to just north of the CPRail, a tile drain conveys most of the flow. There is clear �t 11Ep5 I,unetlip8 laNr Qeak_peetlevlaw.000� AECOM .uicuatcu m lit".. it-mimsi tit ctimi.at Pages Mr.Dennis hreffen3n prepared at the request of counsel June 19,2409 evidence of surface water flow early in the season, and the invert was mapped as a wetland in the FCSPS. In early June 2009,.much of the invert was ploughed and planted with wheat(in contrast to the corn in the upland area planted earlier in the season).. A vertical drain is clearly evident in the invert part way down the swale. The overland flows merge with the tiled flow within a small wooded ravine just north of the railroad. The tributary then passes into the Town of Newcastle where the ravine has been incorporated into the residential fabric as a complement to the landscaping and a wildlife refuge. The southern tributary arises in Site 14, is tiled to a wetland (a swamp thicket) adjacent to Arthur Street, then similarly, disappears into tile drainage, to emerge south of the CPR. The presence of watercress (Nasturtium ofcinale) in both of the tributaries provides evidence of groundwater baseflows. The tributary was flowing at a rate of 1 Usec on June'l 5, at Arthur Street. The central issue surrounding these tributaries concerns how best to manage these features within . the context of the development proposal in a manner that reflects the Vision of the FCSPS. 1.1 Site 14 Based on the natural heritage inventory undertaken in 1999, Site 14, the forest and wetland complex located just east of Arthur Street was notable as it provided habitat for Sharp-shinned Hawk and Black-and-White Warbler. These species are somewhat area sensitive, meaning that their success in breeding and rearing young is proportional to the size of the area in which they breed. Their occurrence was interpreted to be an indication that the proximity of Graham Creek to the east and the remnants of Nine-mile Swamp to the north were suffipient influence to attract these species. These species were not recorded elsewhere in the Subwatershed. Site 14 on its own,without the influence of these larger native forests, would be unlikely to attract area sensitive species. In addition, Site 14 supports a colony of Early Coralroot (Corallonhiza tfifida), a small, native orchid rarely recorded from Durham Region. The marsh dominated by Variegated Horsetail (Equisefum variegafum) is also an unusual. feature restricted to sandy sites with high water tables. Other rare species are often associated with this type of marsh. It is an important recharge/discharge feature that contributes flow to the southern tributary that flows through the Town of Newcastle. On this basis, Site 14 was considered to be a significant feature that should be built into a connected Greenlands System, consistent with the Vision above, in order to maintain and enhance its unique contribution to the subwatershed. 1.2 Wildlife Corridors Principles of Landscape Ecology maintain that connectivity among patches of habitat greatly enhance natural heritage function. It is a case of a connected whole being more than a sum of its parts. The literature suggests that wider corridors provide a greater diversity of functions, and that when AEC©M .._ ... .. ,. _ - /llh[11Nft'lll 741 m" rf niiact nT ne%itnemi Page 4 Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 corridors achieve a minimum width of 100 metres, that these functions include the provision of breeding habitat for a wider array of wildlife, and greater potential for plant diversity. There is no precise threshold that defines exactly where this enhancement of function occurs, and it is related to the amount of natural area, proximity of natural areas to one another, and landforms. On this landscape that is lacking tableland forest outside of the valleylands, it is necessary to restore wide corridors in order to achieve the enhancement reflected in the Vision. Environment Canada (2004) speculates that"in urban environments it might be supposed that wider corridors would be required to provide the same level of function in the face of urban effects, assuming that target attributes might persist at all in an urban matrix". In this case, the agricultural landscape that presents a low barrier to wildlife movement is being replaced by a residential matrix on a landscape framed by higher quality natural features in the Wilmot, Foster and Graham Creek valleys. This is a good example of a location in which wider corridors are justified. In order to provide sufficient resources for plants and animals making use of the corridor, additional width will reduce edge effects and contribute to breeding and productive potential. Hence the recommendation for 100 metres for all corridors, with emphasis on the creation of an east-west connection between watersheds. In principle, overland connections between watersheds enhance natural heritage function in the same way.that trail systems and good road patterns enhance human settlements. It is recognized that the land is a finite resource and therefore natural heritage function is coupled with other suitable infrastructure where possible to achieve multiple objectives. The east-west railroads within the Foster Creek Subwatershed are obvious anchors for east-west wildlife corridors, however they fail to connect to Site 14. 1.3 Un-named Tributaries As described above, the two un-named tributaries arise on the till plain as the sand cap thins to the south. Both of them have been tiled between Arthur Street and the CPR(i.e., excavated followed by installation of a perforated.pipe and backfilling) In order to allow farmers to cross from one part of the field to the other unimpeded. However,, the tiling of the more northerly tributary has been less ineffective and a meadow marsh community has developed in the depression left over the buried watercourse. This ephemeral watercourse conveys water overland as well as through the tiles in the spring, but dries out in late spring or early summer when it conveys surface water flow alone. Both tributaries connect across the railroad to downstream valley systems that have been incorporated into the-Newcastle Village fabric. The contribution to the downstream watercourses must be maintained, therefore a discussion in the subwatershed study considered opening both watercourses within the development block and create a pathway of connectivity to the agricultural lands east of Arthur, and ultimately toward Site 14 and Graham Creek valley. In addition to a functional wildlife corridor, habitat that contributes to downstream Canadian fisheries waters would be enhanced in that it would contribute flow as well as conveyance of nutrients and provide habitat for benthic invertebrates. A desktop calculation of potential baseflow from the catchment west of Arthur Street based on broad assumptions, estimates an average annual (tt 1865 I,j,or19OB—fwlw aeelt nHew,Aoc) AECO +ri r •• •• - uirn:nr r!n ai ,rw rpmivcr nr r•nuncc Page 5 Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 baseflow' of about 0.5 Usec(plus/minus 0.2 Usec)that is likely to range from 2 Usec in the spring to zero in summer. These flows would be somewhat enhanced by storm runoff and accumulated flows from east of Arthur Street. There are many benefits of the open watercourse over the piped condition including attenuation of water quantity in storm events and reduction in flashy flows, removal of water- borne pollutants, creation of wildlife habitat, habitat for benthic invertebrates and contribution of nutrients to downstream fish habitat, aesthetics, and an array of ecosystem services associated with the riparian plantings designed to maintain cool water temperatures(i.e., reduction of heat sink effect, carbon storage and carbon sequestration.) In order to minimize the loss of development potential while realizing the benefits to natural heritage,only one tributary was recommended for daylighting in association with creating a pathway of connectivity toward Site 14 in spite of the potential to make a case for opening both of the watercourses. Daylighting the watercourse was expected to be no less expensive than the engineering required to collect the water and deliver it to the two watercourses, with the enhanced benefit of creating the wildlife connection, attenuating storm flows and enhancing downstream aquatic habitat 1.4 Creating the Corridor The Greenlands System needs to be anchored to the valleylands of the Foster Creek, but in order to respond to the Vision, opportunities to enhance the natural heritage system must be identified. Given the: • Significance of Site 14 and need to connect this feature to the Greenlands System; • Opportunity to create an inter-watershed connector parallel to the railroad; + Need to maintain water supply to the downstream tributaries;and, Direction to enhance the natural heritage function; the opportunity to connect these features was identified, described in Section 7.1 and illustrated on Figure 13 of the FCSPS (Attachment 1). In order to achieve these objectives, it is anticipated that the corridor be forested in order to provide the ecosystem services in terms of air quality, water quantity. control and psychological benefits for the residents. This approach supports the goal of the Official plan"to create an integrated and continuous system of natural areas'(Section 14.1)and supports the principle of Ecosystem Integrity(Section 3.2). 1.5 Planning for Sustainable Communities These recommendations were. made eight years ago. In the interval many municipalities have undertaken Integrated Community Sustainability Plans or Environmental Management Plans that establish goals for Environmental, Social/Cultural and Economic Sustainability. The ecosystem services 1. Based on a contributing area of about 22 he and a post development infiltration of 110 mtWannum, and allowing for 25%leakage to depth AECOM Pages Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 that contribute to social and economic sustainability are important and quantifiable. A study undertaken by the Town of Oakville identified an annual environmental benefit of the urban forest to be$2.1 million with a canopy cover of 29%. Various municipalities are seeking to substantially increase canopy cover to benefit from air quality improvements, carbon sequestration, carbon storage, heat island effect mitigation, psychological improvement for residents among many other positive effects for residents. Brantford is undertaking an increase in canopy cover to 40%. The City of Vaughan is targeting 40%justified by the threshold for air quality improvement,water quality improvement and benefits to wildlife habitat. The FCSPS reported that natural cover, including old fields and wetlands, is close to 20% within Foster Creek. Of that,9%is forest cover. Brantford estimates the contribution of its street trees to be around'5%.therefore if the urban forest both existing and projected is included, 14%forest cover may be obtainable within the Foster Creek Subwatershed post development. Forest cover in York Region and Durham Region (excluding the urban forest) hovers around the 20% mark, more than twice that in the Foster Creek Subwatershed. Even if all of the restoration opportunities identified in the FCSPS on Figure 13 were implemented, the total would still fall below 20%. As a result the community will fail to benefit from the many valuable ecosystem services provided by the forest alone. The recommendation to daylight the tributary north of the railroad and restore the watercourse and a wildlife corridor will help to remedy the shortage in ecosystem services needed by the residents to maintain a healthy community. 1.6 Summary The recommendation of a wildlife corridor that links the three watersheds (Wilmot, Foster, and Graham), enhances connectivity to Site 14 and maintains and enhances the ecosystem function of the northern un-named tributary is justified in the context of the Vision for the FCSPS and the goals and principles of the Municipality of Clarington Official Plan. This review confirms that there is sufficient merit in terms of enhanced ecosystem function to justify the consequences to the developable envelope in the North Newcastle Neighbourhood. Further, in the context of designing sustainable communities, the existing forest canopy is less than half of that in York and Durham, and as a consequence, Clarington is not benefiting from the substantial economic and social, as well as environmental outcomes of a more robust natural heritage network, including the urban forest. Restoration efforts should in fact exceed those recommended in the FCSPS in order to achieve thresholds for effective performance of ecosystem services. 2. Comments of the Peer Reviewers Smooth Run Developments and Brookfield Homes retained two consultants to provide opinions with respect to the recommendations provided above. (111!85 IJu,e1&08 laata aealL D.a�wiaw.eml AECOM •• — •. — - UICUMMi m nin tr-MIK-NI to i-u1111-1 Page z Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 2.1 Stantec Consulting Ltd., 2006. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. The comments provided by Stantec are discussed in the sections identified.by the authors as follows. 2.1.1 Ecological Watershed Functions In general the Stantec description of Subwatershed is study generally accurate although it exaggerates the extent of the daylighting specifically recommended in the FCSPS. We disagree that the vegetation in Polygon 62 is not a wetland. At the time that it was assessed for the FCSPS, there were hydric soils present and the vegetation consisted of more than 50% wetland species and by . definition that means it is a wetland and whether it is anthropogenic is not relevant. The Stantec observations of creeks is likely accurate and technically sound and seems to support the importance of this feature in contributing to downstream fish habitat. The buried tributary is currently providing this function not identified in the 2001 report. Stantec further comments that daylighting the tributary north of the .CPR railroad "will not add significant value to the existing habitat" based solely on fish passage and further suggests that the quality of downstream habitat could degrade due to an increase in water temperature and sediment load. However, a properly designed natural channel in a post-development scenario should not suffer from an unusual sediment load, and creeks require a certain bedload to remain healthy and viable. The temperature issue can be easily rectified through dense riparian plantings. On June 15, 2009, watercress, an indicator of cold groundwater discharge, was abundant in full sun at the exposed the drains at Arthur Street and also occurred throughout the Village. In addition, the benefits of daylighting and restoring a natural channel connected to a floodplain include reduced potential for flash flows and runoff velocities that contribute to erosion along the tributary(Brooke 2007). Further, air, vegetation, and soil more likely to absorb water-bome pollutants in an open channel as opposed to conveyance in a sewer pipe(City of Redwood 2006). Stantec correctly identifies the ecological benefits of daylighting and associated naturalization of creek side as: • Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. a An increase in the amount of marginal fish habitat in the watershed. + An increase in the total amount of natural vegetation cover. We note that the connectivity to Wlmot Creek and to Site 14 should be included in this list. Further, the exponential response of wildlife in terms of potential breeding habitat to the increase in natural cover at this scale has not been identified. No conclusion is provided on the intrinsic importance of these functions nor their value in an ecosystem services context. J111865_IJune18-09 foster mxk_p[r teVilW.dxJ • •E v O'" .. .. .. .. t IV"IC,U Ot t11C rCUUt7.l1 UI t.11llllNM . Pages prepared at the request of counsel Mr.Dennis Hefferen June 19,2009 2.1.2 Costs and Benefits The Stantec discussion proceeds to make the case that daylighting the tributary is expensive whiie failing to place this conclusion into context. We agree with this assessment in that restoration of ecosystem function is often expensive, but needs to be evaluated in terms of the net gain 10 environmental, social and economic parameters of community planning. Evidence is provided by Stantec from one American source that seems to suggest that the total cost of restoring the natural watercourse"could easily approach$1,000,000.° However, no estimate of the cost of the engineering required-to excavate the existing tile drains (it cannot remain in situ), and replace the watercourse with some type of groundwater collection system (foundation drain collector or"third pipe' system) that will maintain flow to the two tributaries south of the railroad. A proposal for an additional by-pass pipe to take water from upstream of Arthur Street around the stormwater management facilities, discharging downstream is mentioned which may or may not be a separate system with additional costs. We are unaware if there is a report available that details how the development will achieve these engineering requirements, but this will be an expensive undertaking with many costs 'that overlap with, and may exceed, that of daylighting. It is our experience that when faced with an option to bio-engineer a solution (e.g., natural channel design), as opposed to hard engineering (pipes that will require future maintenance), the costs of bioengineering are comparatively low. In addition, the proposed piping project (including routing water from Arthur Street around the SWMP) will have a greater length (following roadways and not topography)and both projects will be undertaken in sloppy soils with a high water table. There.will be a greater cost to construct in these saturated soils with corresponding dewatering issues. A solution that requires less excavation with less interference with groundwater conditions reduces costs. Based on advice from clients who have undertaken natural channel design, estimates for restoration of the northern connector to Arthur Street(Figure 13) range between $1,400 to $2,000 a metre which compares well with Stantec's estimate of $1,600. By our calculation, the total costs translate approximately to $700k to $1,000k based on our experience, or$800k according to Stantec. These estimates are for sophisticated natural channel designs that handle considerable flow. In the case of this project,the flows are low, therefore intensive design.and engineering will not be required. This is more of a grading and planting project and therefore the costs are highly unlikely to escalate to seven figures. With respect to the costs associated with the design and construction of a piped alterative, we are . unable to develop an accurate estimate without first obtaining additional information regarding the proposed minor and major drainage systems that would convey the external flows to the downstream reaches of the Foster Creek tributary (i.e., south of the CPR tracks). We believe that a detailed estimate that reflects these costs of a piped alterative should be provided by the developer prior to rejecting the recommendation to daylight the tributary based simply on the notion that it would be prohibitively costly. Stantec also estimates that 10 ha within the North Village site would be lost which appears to be the total of all of the corridor, daylighting and the interior restoration potential shown in green. This figure f111BB6_IJwe19-OY__fwtK_oeek_pee_reviewtlx) JJI AECOM F •• .. .• vrcuar cu a, uic rruu�ar rrr r:uun�rr Page 9 Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 is high as the interior polygon is not part of the recommended Greenlands System, but rather constitutes a restoration opportunity. In extrapolating the costs of the restoration, no mention is made of the potential to charge more for. houses that back on to greenspace, or for houses in neighbourhoods well serviced by natural areas. Natural England's Accessible Natural Greenspace Standard (2008) recommends that. each home,. at a minimum, should be within 300 m of an accessible natural green space of at least two hectares (ha). In addition, each home should also have access to: • At least one accessible 20 ha site within two km; + At least one accessible 100 ha site within five km; • At least one accessible 500 ha site within 10 km; • Natural England also recommends that at least two ha of accessible natural green space be provided for every 1000 population.; and in doing so the value of the properties are enhanced and the communities benefit from the ecosystem services provided:by the natural areas. Stantec acknowledges that these services are difficult to calculate; nevertheless they are real and should not be dismissed. Stantec goes on to conclude that the"potential benefits—will not result in not [sic] major impacts on the ecology of the subwatershed"without evaluating what those impacts might be. 2.1.3 Alternative Approaches We do not fully agree that the costs are as high as suggested and that the benefits are as low as stated by Stantec. However, there are many options in ecosystem design to achieve the desired outcome. In this case,the desired outcomes include: The east-west wildlife corridor from Wilmot Creek to Graham Creek, Connectivity with Site 14, Maintenance of ecosystem function for the buried tributaries and A contribution.to the increase in forest cover within the Foster Creek Subwatershed to recover lost ecosystem services. Stantec proposes other alternative approaches to ecological enhancements: 1. Alternate proposal to wildlife corridor between Foster and Graham Creek corridors. 2. Increase amount of marginal fish habitat in the watershed. 3. Increase the total amount of natural vegetation cover (by replacing most of 10 ha naturalized areas that would be in North Village Neighbourhood Plan (under FCSPS) with 10 ha elsewhere). It is not clear whether these are proposed to be undertaken in concert, or whether they are mutually exclusive. AECQM ✓IGYaIOY at ulc lauucai Ut a.uunact Page 10 prepared at the request of counsel Mr.Dennis Hefferen June 19,2009 In an effort to evaluate these proposals we have prepared a matrix that provides comment on their ability to satisfy the desired outcomes(Table 1): Table 1 Analysis of Alternative Proposals (Stantec) Alternate Desired Ecosystem 2. Increase Amount of Outcomes(below) 1. .r Marginal Fish Habitat Corridor . . Cove Elsewhere The east west wildlife Reduce to 30 m:barriers to Not applicable 1 he of relatively natural habitat corridor from Wilmot movement remain. Creek to Graham Needs to be extended to Wilmot Creek Creek however this is outside of the Village Neighbourhood. Connectivity with Site No connectivity Not applicable No 14 Maintenance of No Water contribution expected to Not applicable ecosystem function be maintained;thermal regime for the buried cool tributaries Increase in forest Marginal Marginal? Enhance core natural areas and cover riparian habitat along main branch by 9 ha but trees are not stipulated. Additional Comment The resulting narrow corridor All of these actions appear to Suggested isolation is will concentrate wildlife closer to be stewardship initiatives and exaggerated as wildlife the rail corridor with expected occur on other owners underpasses and fencing can wildlife fatalities and rail noise properties. Carp exclusion is improve permeability. Interference however no very expensive and not Riparian habitat along the main documentallon of the recommended. branch may be achieved through significance of this effect is other planning Initiatives. Strategic available. Need to confirm that addition of 9 ha to core areas will railroad does not require a contribute important benefits but larger berm. ownership is an issue. A review of the table suggests that if all of these initiatives were undertaken, that a minimum of wildlife . movement would be preserved across the watersheds,water would continue to flow in the tributaries,and natural cover might be increased with the cooperation of non-participating landowners. The disadvantage is that connectivity would not be enhanced for Site 14, the potential to increase breeding habitat for area sensitive forest birds will be lost, the benefits of the rehabilitation of a natural watercourse will not be realized and recovery of threshold ecosystem services for the residents will not be addressed. Most of the stewardship actions suggested occur outside of the North Village Neighbourhood which will require creative implementation plans to ensure that they occur and the timing of the projects relative to the . schedule for development could be an issue. A recurring theme that implies that the wildlife community is urban tolerant and therefore does not require management is erroneous. The wildlife community is not all urban tolerant (e.g., Black-and- white Warbler) and it is for these more sensitive species that ecosystem design has more to offer. Typical planning for natural heritage systems has done little to take into account the management of urban tolerant wildlife communities. To say that they are urban tolerant is to say that they forage in the garbage cans and feast at feeders. More thought needs to go in to what constitutes sufficient natural area for healthy wildlife populations that are self limiting, and that can support the predators required to create sustainable natural communities. Iltt•!f6 IJur»18-OY--later m.ak_pser reViaw.tlocl AECV M -- '- - -- -- vcucrcu at uro cuucat u .vuuac Page Mr.Dennis Hefteren prepared at the request of counsel June 19,2009 2.2 LGL Limited, 2008. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. The LGL letter references the Stantec letter then proceeds to provide additional discussion on the same themes. 2.2.1 Animal Conveyance LGL is incorrect in stating that defining concepts of landscape ecology that include corridors, core habitat, connectors and linkages 'implies that any sire criteria that are at variance with those will not qualify as a productive/sustainable feature" and that "urban/exurban animals cannot and do not successfully enlist the services of anthropogenic features" . The reason for defining these terms is to enlighten the reader with respect to how they are-used in this report. The science of landscape ecology is relatively young, and terms are defined differently by different authors. We totally agree that neither of these premises are accurate, and they are not at all intended by this report. It is ironic that LGL goes on to criticize the FCSPS for lack of detailed data, then goes on to provide ambiguous data with no species, no dates (although it appears that data were all collected outside of breeding dates according to the statement that the area was visited July to December 2007 and without acceptable protocols). The fact that a wide variety of species were recorded is not at variance with the FCSPS. The author again evaluates these species in the context of what they are able to tolerate, rather than what constitutes appropriate habitat, and how these animals can be expected to be managed into the future on a landscape with so little cover, where even with the urban forest, the cover is less than a third of recommended thresholds. It is not clear how the numbers of species recorded from portions of the watershed that are not specified,.assists in the recommendation for the need for a corridor. The Subwatershed study had sufficient information for this and included ecosystem function well beyond simple lists of species. The suggestion that the wildlife corridor area should be separate from human/pet used areas is appropriate, but that both could be present (wildlife south, people north) in overall 60 to 100 m wide area. We also agree that road crossings are an issue however underpasses and wildlife funnel fencing as mentioned earlier would in large part address this,issue. Although LGL recommends meadows adjacent to roads they are not needed if underpasses and wildlife fencing are implemented. We disagree with LGL in recommending the planting-of mainly conifers, especially as White Spruce and Red Cedar are not often found naturally in the region. The rationale is not provided. A mix of native species,shrubs and trees native to area is preferred. 2.2.2 Daylighting Buried Tributary LGL incorrectly suggests that Stantec implies there might only be negative impacts to watercourse (temperature increase and sediment load), but neglects to mention that Stantec more strongly mentions the potential benefits. It is true that the subwatershed study does not clearly mention i 1711885_i-�unel3ue taUr erHlL per rwiew.aocl AECOM _, � _. _ MI V//41VV 4\ 111V IVVMVJ\VI VV VIIJVI Page 12 prepared at the request of counsel Mr.Dennis Hefferen June 19,2009 aquatic benefits of daylighting. It may well be that most daylighting projects are founded on improvements to aquatic habitat, but this one is focused on many other ecosystem functions,of which aquatic habitat is only one. AECOM does not understand why LGL considers that increasing the contribution of nutrients to downstream fish habitat, improving water chemistry, maintaining the thermal regime through maintenance of groundwater infiltration, riparian plantings and attenuation of storm flows "provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient conditions". LGL notes that there is potential for foreign substances [to W washed into the watercourse and general warming of groundwater"both of which can be mitigated. AECOM does not agree that benefits are limited to fish habitat, nor that daylighting the tributary will have a deleterious effect on downstream conditions. The issue of piped groundwater is dealt with in Section 2.1.2 above. The plan to create corridors and wildlife linkages is not based on any one attribute. Providing a relatively wide corridor that can be shared with residents is a good way to keep the wildlife off of the streets, although we recognize that crossings are inevitable. For that reason, during the development process consultants for the development industry can be expected to make reasonable recommendations to mitigate for road kill and road safety issues in the form of state-of-the-art wildlife underpasses and fencing. A considerable body of science is devoted to increasing the permeability of the landscape for wildlife of all descriptions. The Greenlands System was recommended based on an ecosystem approach that considered the need for many species of wildlife, as well as the maintenance of other ecosystem services. It is not wildlife mismanagement. 2.2.3 North Village Neighbourhood; Neighbourhood Plan (2008) The development plan proposes to locate two stormwater management blocks north of the railroad alignment. LGL suggests that there will be a setback from the CPR lands of 20 to 25 m but does not provide a rationale for the functionality of this minimal setback. This suggestion is not reflected in the May 2009 drawing,which shows the constructed ponds immediately adjacent to the property line with no provision for a terrestrial wildlife corridor. In this configuration, the ponds will provide little to no cover for wildlife passage, fails to increase natural cover the subwatershed through the creation of a wide wildlife corridor and there is no indication of how water will be delivered to the two downstream catchments. The current plan does not satisfy the objectives or recommendations of the FCSPS. It appears that LGL did not have the current stormwater plan on which to base comments and therefore they are not relevant. (1118E5_I,Jum�&OB b/hr_cmk_p�er rwkw.doc) AECOM. . I •' •• •' NIVNVrVV ut alra. IVyyVJL VI VVl/IIJf.I Page Mr.Dennis Hefferen prepared at the request of counsel June 19,2009 3, Conclusions After a careful review by a team of senior and intermediate biologists, engineers and senior hydrogeologist,AECOM confirms that the recommendations contained within the FCSPS with respect to landscape connectivity and a preferred treatment of daylighting the buried tributary are justified in the context of the Vision for the Foster Creek Subwatershed. However, there is always more than one solution to improve ecosystem function and Stantec offered some suggestions that are worth considering. At issue is the fact that the key outcomes have not been achieved by their recommended alternative enhancements. The Consultant for the development community should reconsider appropriate methods to achieve the following outcomes: • Create an enhanced east-west wildlife corridor from Wilmot Creek to Graham Creek to facilitate wildlife and human movement, 0 Enhance connectivity with Site 14, • Enhance ecosystem function for both buried tributaries and the downstream corridors; and, Increase forest cover within the Foster Creek Subwatershed to recover lost ecosystem services based on a defensible rationale. Note that the reforestation of all of the restoration opportunities identified in Figure 13 constitutes only 4% of the watershed. The restoration and maintenance of wide corridors will not only contribute to the forest cover, they will enhance habitat for area sensitive species, increase connectivity with Site 14, and increase the thermal regulation for the buried tributaries. If these outcomes can be achieved in another way the consultants should be encouraged to submit an alternative.design for consideration of the Conservation Authority and the Municipality. Most of the alternatives offered occur outside of the North Village Neighbourhood lands and will require commitments from the Municipality, non-participating landowners and the developer of the North Village Neighbourhood who would contribute funds to buying lands near the core natural areas as compensation for not following Greenlands System. These are significant commitments when compared to finding a solution within the North Village Neighbourhood lands, where the restoration of ecosystem services would benefit that emerging community and complement the existing Town of Newcastle. Regarding the costs for daylighting the tributary,AECOM and Stantec are more or less in agreement that $1600 a metre is reasonable. This significance of this cost cannot be evaluated out of the context of servicing and maintaining ecosystem function across the block. There is no comparison of the cost to engineer the solution, which is expected to exceed that of the naturalization. P.erj�.dw) AECOM .. .. NIpWUIOW ai u1c IGUUCOL VI %.vunaa, Page 14 prepared at the request of counsel Mr.Dennis Hefferen June 19,2009 In conclusion, it is our hope that we have responded to your concerns to the best of our ability with the documentation available to us at this time. Please call me to discuss further. Thank you for asking us to provide this service to the Municipality. Sincerely, AECOM Canada Ltd. Dale Leadbeater, B.Sc., B.Ed. Senior Biologist dale.ieadbeater @aecom.com References Brooke R.Smith, 2007, Assessing the Feasibility of Creek Daylighting in San Franciso, Part 1:A synthesis of Lessons Learned from Existing Urban Daylighting Projects City of Redwood, California,General Plan—Conservation Element Environment Canada,2004, How Much Habitat is Enough? A Framework for Guiding Habitat Rehabilitation in Great Lakes Areas of Concern(Second Edition) (,,,ees��Y M,aOY_o r.r creek a!f_lavlew.aoo) P1 E CO M- I1 , SF �d 1 1 1 {� . i r r; { , y Ilt,' j.Iry •1� � �I �1 � t li�, �� ;�''r I��.�e 9h'�1 r Iijy�'} �4 i p AI rj. "14 �' li��h 4Y �l,�lf� 1 ' �i .r•.�� i1(i ��5; I!f 1 f Ir 11 1 I 1 Qli r tV1� fill Hii U I i i l 1 r It 1111 It 'V 1 r i I YYY,tttl.a jtit 1! il � l 1- ;P•^A'IIII:I�"., u' J n 1 �. "tj"'.. l�i .tiff 1i l a�fY�^ a .! 1 a f t�i 1 • 1 111 I , ,L t't' - K� t fit fAl ll r •tl �4 1!ll I � .r a 4 ` !i�u�! �I jl1 '°"i t11ii •;3, '7 i 1 �i 1 1 1 1�ti i i , a,nt�i �, h 1 j1h � 1 � „•:a , 1, - 1 'U n Syr r, ..-:...:.nY �� .:}'' � •K n III (11111't ,t Ill 'C� � , loyl� " ��,I3"�•i;t�l I°�" Ip� .�J�•r"' � ' �.; 1{ �d w' .a� �44,^�' r ..�. ,""�.h�l�t"�11�.I,L 3 �,�I 1. �.. W� `i', t ��-`�tell'. � •. "'�." � 7."J,I t t 1�, , '•,X119 iip h�t 1 �k� rl�.,,,.!uU" I �� ,��it" .� I " 1 I x Unfinished Business #2 Excerpt.of Council Minutes April 6, 2009 Resolution #C-207-09 Moved by Mayor Abernethy, seconded by Councillor Robinson WHEREAS Members of Council are appointed to represent the Municipality of Clarington while sitting as a Veridian Corporation Board or subsidiary Board Member; NOW HEREBY BE IT RESOLVED THAT effective immediately, any current or future Council Member who is appointed to the Veridian Board, or other like Boards, will be considered to do so as part of their elected duties, and will not receive compensation for such duties; THAT if it is permissible under the by-laws of Veridian Corporation, or other like companies, the compensation otherwise payable to current or future Municipality of Clarington Council Members sitting on the Veridian Board, be directed to the Municipality as revenue; THAT travel and other reasonable reimbursement of expenses to individual Board Members is acceptable in accordance with the prevailing policies of Veridian Corporation or other such companies; and THAT Veridian Corporation and the shareholder Municipalities of Pickering, Ajax and Belleville be advised of Council's decision. "TABLED" (SEE FOLLOWING MOTION) Resolution #C-208-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the foregoing Resolution #C-207-09 be tabled until the new Term of Council commencing in 2010. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Mayor Abernethy Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Woo Councillor Trim SUMMARY OF BY-LAWS December 20, 2010 BY-LAWS 2010-138 Being a by-law to amend By-law 84-63, the Comprehensive zoning by-law for the Corporation of the Municipality of Clarington [Lindvest Properties (Clarington) Limited] (Approved by Council on October 16, 2006) 2010-139 Being a by-law to repeal By-law 2005-135, and replace it with a By-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning Services and the Director of Engineering Services (Approved by Council on September 21, 2009) 2010-140 Being a by-law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Condominium C-C-2010-0002, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of C-C-2010-0002 (Item 5 of Report #1) 2010-141 Being a by-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington (Item 6 of Report #1) 2010-142 Being a by-law to require the payment of fees for services (Item 8 of Report #1) 2010-143 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 9 of Report#1) 2010-144 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item 10 of Report #1) 2010-145 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 10 of Report#1) 2010-146 Being a by-law to authorize the execution of Minutes of Settlement between the Municipality of Clarington and 902714 Ontario Inc. of claims arising out of the expropriation of 1780 Rudell Road, Newcastle (Item 16 of Report#1) 2010-147 Being a by-law to authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001 (Item 17 of Report#1) HANDOUTS/CIRCULATIONS COUNCIL s • 11 MEMO(Leading eading the «ay CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: December 15, 2010 Subject: COUNCIL AGENDA— DECEMBER 20, 2010 CORRESPONDENCE D - 16 Please find attached three applications for consideration for nomination to the Durham Trail Coordinating Committee. (As these applications contain personal information, they are being circulated confidentially.) COMMITTEE REPORT(S) Item 15 of PI se fin attached confidential information regarding Frank Stapleton. Report #1 Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 • MEMOG Any Leading the Wa�� CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: December 17, 2010 Subject: COUNCIL AGENDA-- DECEMBER 20, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. UNFINISHED BUSINESS 2, Attached please find information related to compensation regarding the Veridian Corporation Board of Directors. Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS December 20, 2010 a) Don Igbokwe, Co-Chair, Durham Region Mufti-faith World Religion Day Committee — Request for Proclamation of World Religion Day and for Waiver of Facility Rental Fees for January 16, 2011 (Correspondence Item D - 9) b) Jeremy Woodcock regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) c) Jim Richards regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) d) Jim Richards regarding Appointment to the Veridian Corporation Board of Directors (Item 2 of Unfinished Business) e) Dan Yourkevich regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) f) Barry Bracken regarding Energy-From-Waste (Item 2 of Business Arising from Notice of Motion) Marano, Marie From: Dave Clark (delark @veridian.on.ca) Sent; Monday,April 13, 2009 9:04 PM To: MayorsExternalMailGroup; Marano, Marie Subject: FW: Director Compensation Jim, Marie, I`ve received advice from BLG on how director compensation could be directed to the municipality. Regards, Dave Dave Clark, FCMA, C. Dir, Executive Vice President&CIO Corporate Services 55 Taunton Roar!East Ajax, Ontario LIT 3V3 Tel: 905 427 9870 x 2209 Tel; 1 8€8 445 2881 Cell: 905 433 6954 Fax: 905 619 0210 Av i v veridlan ca Waller Toronto's Tap 76 - i ' Employers vE � ii irieiririi ill MO . . iiwYYlq tit tit I". �,- Please consider the environment before printing this a-mall. Disclaimer. The content of this e-mail is intended solely for the use of the Individual or entity to whom It is addressed. If you have received this communication In error, be aware that forwarding it, copying It, or In any way disclosing Its content to any other person, is strictly prohibited. If you have received this communication In error,please notify the author by replying to this a-mall Immediately. From: Damlani, Domenic fma[Ito:DDam!an i @blgcanada.com] Sent: Monday, April 13, 2009 12:47 PM To: Dave Clark Subject, Director Compensation Dave, 1 hope you had a restful long weekend. Fallowing our discussion last week, 1 had undertaken to provide you with a written response regarding your question concerning the compensation of directors of VCI. The response Below includes input that 1 have received from both Linda and Stephen Fyfe (a tax partner at BLG who is has done extensive work with LDCs). The first option is for that director or his/her appointing shareholder, to waive compensation. In our discussion, we determined that the shareholder did not wish to forego the income but rather wanted to receive the income directly instead of compensating the director personally. 1 A second option, would be to have VCI pay a dividend to the shareholder in lieu of the compensation being paid to the director, The shareholders of VCI currently hold the saute class of shares. Therefore, if VCI was to issue a dividend to the shareholder, the other shareholders would be required to waive the right to receive the dividend as well. A third option is to have the director direct VCI to make the compensation payable to the shareholder, However, a sufficient amount of compensation will be required to be left with the director for payment of any income faxes arising from his or-her compensation. While the director may direct payment of the compensation to the shareholder, this does not Include the liability for tax. The director would therefore continue to receive a T4. I hope that this is helpful. if you have a moment, I'd be interested to know what was decided at the Council meeting. Domenic Domenic namia Associate Borden Ladner Gervais LLP Scotia Plaza, 40 King Street West Toronto, Ontario M511 3Y4 T 416.367.6030 C 416.709.6030 F 416.361.73130 h 004 1'4.tgBnOff.0%Yb0kz&3f§03E00risi This connn[micatton Is(Ilrocto(I in contl(fonco sololy to tho parson(s)Iistod abovo,and ln)y not otltonviso bo(listrirnitod,coplo(i or(Iisclose(r. Tim contonts of this 0111AII 111ay also be suhjocl to solicitor•cilont privitop,an(I ail rights to that priviloge aro expressly clalmo(l an(f not waived. If you haVe rocolved this emall In error,please notiry(ls Im modlatoly by totopholle or by rotorn small and detoto this conlnittnication and any cot)y Imnlodialoly. Thank you for your asstsianco. I 2