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HomeMy WebLinkAbout01/17/2011 • ciaFln on Leading the Way 9t DATE: MONDAY, JANUARY 17, 2011 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held December 20, 2010 PRESENTATION a) Albert Sweetnam, Executive Vice President, Darlington New Nuclear Project and Bill Robinson, Executive Vice President, Nuclear Refurbishment Projects and Support, Ontario Power Generation — Update on Major Nuclear Projects at Darlington DELEGATIONS (List as of Time of Publication) a) Myno Van Dyke, Newcastle Village & District Historical Society— Joseph Atkinson Park (Correspondence Item D - 6) b) Jim Richards— Delegation Limit (Correspondence Item D - 1) C) Libby Racansky— Report PSD-001-11 —Application to Amend Zoning By-law, Official Plan and Proposed Draft Plan of Subdivision — Headgate Group Inc. (Item 2 of Report#1) d) Angela Anderson — Report PSD-004-11 - Bowmanville Community Improvement Plan Grants Update (Item 5 of Report #1) COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Agricultural Advisory Committee dated October 14, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - January 17, 2011 x 1 1 - 2 Craig Wallace, Senior Environmental Planner/Specialist, SNC+Lavalin — `" Removal of Highway 401/CNR Subway Bridge and Highway 401/CNR Spur Line Bridge 1 - 3 The Honourable Dwight Duncan, Minister of Finance and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing - Ontario Municipal Partnership Fund (OMPF) Allocations for 2011 1 - 4 Jack Gibbons, Chair, Ontario Clean Air Alliance — PeakBuster Utility Contest Draft Results 1 - 5 Tom Mitchell, President and CEO, Ontario Power Generation— OPG Performance Report 1 - 6 John R. O'Toole, MPP, Durham — Meeting Regarding Wind Energy Proposals 1 - 7 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation (OPG) — Update on the Darlington New Nuclear Project— Environmental Assessment 1 - 8 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham - 2010 Farm Tour 1 - 9 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham — Regional Official Plan Amendment No. 128 — Minister's Decision I 10 Douglas Allingham, Chair,.Board of Directors and Kevin Empey, President and Chief Executive Officer, Lakeridge Health (LH) —Access to Retinal Services I - 11 Highway Safety Division, Ontario Provincial Police News Release - "Know the Law and Get Trained Before Snowmobiling" 1 - 12 Tom Mitchell, President and CEO, Ontario Power Generation (OPG)— Demonstrating Value to Electricity Ratepayers 1 - 13 P.M. Madill, Regional Clerk, Regional Municipality of Durham - Results of the Question on the Ballot regarding the Direct Election of the Regional Chair P 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Quarterly Report on Planning Activities 1 - 15 P. M. Madill; Regional Clerk, Regional Municipality of Durham —Timetable for Approval of the 2011 Regional Business Plans, Detailed Budgets and Public Notification Provisions 1 - 16 Kate Holmes, Director, Product Marketing, Royal Canadian Mint— Highway of Heroes Coin Council Agenda - 3 - January 17, 2011 1 - 17 Gary Dillon, Director, Central Region, Statistics Canada -2011 Census and New National Household Survey 1 - 18 Michael Newell, Chair, Nominating Committee, Durham College Board of Governors — Notice of Board Vacancy 1 - 19 Tracey Chala, Environmental Sustainability Coordinator, Operations and Environmental Services, Town of Ajax— Region-wide Earth Hour 2011 Collaboration Receive for Direction D - 1 Jim Richards — Request for Amendment to the Procedural By-law D - 2 Jim Richards — Use of Electronic Vote Tabulating. Equipment D - 3 A.L. Georgieff, Commissioner of Planning, Region of Durham — Membership Selection for the Durham Agricultural Advisory Committee D - 4 Craig Wallace, BES, Senior Environmental Planner, SNC+LAVALIN Inc. (SLI) - Request for Exemption to Noise By-law D - 5 A.L. Georgieff, Commissioner of Planning, Region of Durham — Membership Selection for the Durham Environmental Advisory Committee D - 6 Myno Van Dyke, Director, Newcastle Village & District Historical Society— Joseph Atkinson Park D - 7 Doug Anderson, President, DurhamCLEAR— Energy from Waste Advisory Committee D - 8 Gioseph Anello, Manager of Waste Planning and Technical Services, Regional Municipality of Durham and Dave Gordon, Manager, Waste Management Program Planning and Policy, Regional Municipality of York— Energy from Waste Advisory Committee D - 9 Carolyn Downs, City Clerk, City of Kingston - Heads and Beds Payment COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of January 10, 2011 STAFF REPORT(S) Council Agenda - 4 - January 17, 2011 . f BUSINESS ARISING FROM NOTICE OF MOTION 1. Moved by Councillor Neal, seconded by Councillor Trail 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 p Clarington are opposed to the building of the EFW Facility in Clarington; �r 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; 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; Council Agenda - 5 - January 17, 2011 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 vires 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. UNFINISHED BUSINESS 1. Market Compensation Review Report (Tabled at the Council Meeting of September 20, 2010) (Confidential Information Distributed to Members of Council with the Special Council Meeting Agenda of January 17, 2011) 2. Report CLD-001-11 — Proposed Fence Construction Cost Share By-law (Tabled at the General Purpose and Administration Committee Meeting of January 10, 2011) BY-LAWS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT r1• I,Eadias the Way Council Meeting Minutes DECEMBER 20, 2010 Minutes of a regular meeting of Council held on December 20, 2010 at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella, attended until 9:10 P.M. Director of Community Services, J. Caruana attended until 9:10 P.M. Director of Planning Services, D. Crome Director of Operations, F. Horvath attended until 9:10 p.m. Director of Corporate Services and Human Resources, M. Marano attended until 9:10 p.m. Tax Collector, M. Maye attended until 9:10 p.m. Communication Co-ordinator, J. Vreeker, attended until 7:22 p.m. Director of Emergency Services/Fire Chief, G. Weir attended until 9:10 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:10 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Woo indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 8. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 2 of Unfinished Business. Later in the meeting Councillor Neal stated a pecuniary interest with respect to Item 2 of Unfinished Business. Later in the meeting Councillor Novak stated a pecuniary interest with respect to Item 2 of Unfinished Business. Council Meeting Minutes - 2 - December 20, 2010 ANNOUNCEMENTS Councillor Traill announced that there will be a Public Meeting on January 12, 2011 at Oshawa City Hall regarding the Highway 407 East extension. Councillor Hooper advised that on Friday the Emergency, and Fire Services Department received a large donation of toys from the Phoenix Company for the Salvation Army Toy Drive. Councillor Hooper expressed appreciation to the many caring and giving residents of Clarington for their generosity. Mayor Foster mentioned a couple of events that he and other Members of Council have attended recently including helping prepare Christmas Hampers at St. Joseph's Roman Catholic Church and the opening of the new Durham Region Humane Society building in Whitby. Mayor Foster thanked members of the community for making Clarington an amazing community. Resolution #C-443-1 0 Moved by Councillor Hooper, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held on October 4, 2010, be approved. "CARRIED" Resolution #C-444'1 0 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a special meeting of Council held on October 19, 2010, be approved. "CARRIED" Resolution #C-445-1 0 Moved by Councillor Hooper, seconded by Councillor Neal THAT the minutes of the First meeting of Council held on December 6, 2010, be approved. "CARRIED" Council Meeting Minutes - 3 - December 20, 2010 Resolution #C-446-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a special meeting of Council held on December 8, 9 and 10, 2010, be approved. "CARRIED" PRESENTATIONS Mayor Foster advised that on November 25, 2010, the Holy Trinity Titans Football Team won the Metro Bowl by trouncing the King City Lions by a score of 28 to 3 and advised that each member of the team will be presented with a congratulatory certificate. Mayor Foster and Councillor Hooper presented certificates to Will Hepburn, Steven Courtney, Joe Mastromarco, Alex Scott, and Eddie Akeson. Mayor Foster and Councillor Neal presented certificates to Adam Kolodziejczak, Josh Baksh, Grant Shepley, David Neal, and Dillon Campbell. Mayor Foster and Councillor Novak presented certificates to Dustin Harris, Joe Longo, Jon Ritchie, and Mike Johnson. Mayor Foster and Councillor Partner and presented certificates to Luke Samuels, Steve Sirizzotti, Michael Shepley, Mark Lavellee-Demers, and Cole Cryderman. Mayor Foster and Councillor Traill presented certificates to Dan Murphy, Dan Fedirko, Conner Bayliss, and Mike Kashak. Mayor Foster and Councillor Woo presented certificates to Matt Johnson, Coach Fred Zinkie, Coach Rob Geary, and Coach Derek Sheridan. Congratulatory Certificates were also prepared for Earl Anderson, Latrell Paris, Nik Shymko, Alec Thompson, Akil Goodridge, Ryan Dus, Nathaniel Allen,- Stephen Thompson, Kevin Risko, Svend Tamburro, Joe Crimi, Jake Clancy, Kyle Snowdy, Mitch McKnight, Tyler Ganhao, Tyler Forrester, Jamie Chalmers, Kelvin Hirschfeld, Coach Colin Winslow, Coach Bill Cramp and Coach Mike Lyons, who were not in attendance this evening. Council Meeting Minutes - 4 - December 20, 2010 Resolution #C-447-1 0 Moved by Councillor Woo, seconded by Councillor Trail[ THAT Council recess for five minutes. "CARRIED" The meeting resumed at 7:26 p.m. Resolution #C-448-1 0 Moved by Councillor Woo, seconded by Councillor Hooper THAT the rules of procedure be suspended to allow for an additional speaker to be added to the list of delegations. "CARRIED" Resolution #C-449-1 0 Moved by Councillor Woo, seconded by Councillor Novak THAT Dave Patterson address Council during the delegations section of the Agenda concerning Correspondence Item D - 17. "CARRIED" Don Igbokwe, Co-Chair, Durham Region Multi-faith World Religion Day Committee addressed Council concerning Correspondence Item D — 9 - request for proclamation of World Religion Day and for waiver of facility rental fees for January 16, 2011. Mr. Igbokwe introduced Joanie Gertler, Ron King, Vaqar Raees, Maria Igbokwe and Prudence Adams, Members of the World Religion Day Committee in attendance this evening. Mr. Igbokwe extended an invitation to Members of Council to attend World Religion Day, a multi-faith celebration to be held on January 16, 2011, at the Garnet B. Rickard Recreation Centre and requested that Council proclaim January 16 th as 'World Religion Day" in Clarington and to waive the facility rental fees. Mr Igbokwe indicated that World Religion Day is observed around the world to celebrate unity and diversity. -He stated the goal of World Religion Day is to bring awareness of the similarities and differences between religions noting various faith groups such as Christianity, Baha'i, Muslim, Hinduism, Judaism, Buddhism, Native Spirituality, Zorastrianism, Jainism and Sikhism will be featured. Mr. Igbokwe urged Council to support their request in promoting an inclusive society. Jeremy Woodcock was called but was not in attendance. Council Meeting Minutes - 5 - December 20, 2010 Jim Richards addressed Council concerning Item 2 of Business Arising from Notice of Motion regarding Energy-From-Waste stating that all Members of Council should be doing whatever possible to either improve the process or stop it entirely. Mr. Richards expressed concern that because Regional Councillors voted not to see the final Host Community Agreement, the public has no idea what kind of liabilities the Region may be facing and whether the Region would try to force Clarington to foot the bill should the Municipality once again declare itself an "unwilling host". Mr. Richards stated even with some sort of financial penalty, it would be far cheaper than constructing a $280 million incinerator that will cost approximately $18 million per year to operate and not advance the Region closer to a sustainable solution to the waste management challenge. Mr. Richards urged all Members of Council to support Councillor Neal's Notice of Motion and demand that the comments of the former Municipal Solicitor be made public. He expressed concern that the Chief Administrative Officer dismissed the concerns of the former Municipal Solicitor with respect to the Host Community Agreement and wants to be assured that, as the current solicitor now reports directly to the Chief Administrative Officer, there will be no interference with the Solicitor's report. Mr. Richards suggested that the Solicitor report directly to Council on this matter or preferably turn the entire matter over to independent legal. counsel to avoid any chance for political interference or any real or perceived conflict. Mayor Foster clarified that it was Council's decision not to make Mr. Hefferon's comments public and that Mr. Wu was following Council's direction. Jim Richards addressed Council concerning Item 2 of Unfinished Business regarding appointment to the Veridian Corporation Board of Directors. Mr. Richards stated that in reviewing various Candidate's election campaign material, he noticed key words such as honesty, integrity, trust, faith, openness, accountability, transparency, etc. and slogans such as "working together for change", "time for a change", working for you", "making a difference" and "listening to the people". Mr. Richards expressed concern that Council is now considering overturning a democratic vote made two weeks ago and questioned the message that will be sent to the residents of Clarington. Mr. Richards stated that personally he feels betrayed by the intentions of the motion and urged Council to reconsider their intended actions rather than the previous appointment of Councillor Neal. Mr. Richards also expressed concern with the compensation paid to elected officials for sitting on the Veridian Corporation Board of Directors and urged Council to support Resolution C-207-09. Reverend Dan Yourkevich addressed Council concerning Item 2 of Business Arising from Notice of Motion regarding Energy-From-Waste stating he wonders how many people outside of those in the public service and the media have read the Host Community Agreement and understand how it will affect Clarington. He stated the residents of Clarington should expect there to be some benefit in the Agreement and questioned what the Agreement will and will not do for the Municipality. Reverend Yourkevich questioned how Council will ensure that emission standards are met and what will happen following the three-year monitoring process. Mr. Yourkevich requested Council to be a watchdog and to protect the community. Council Meeting Minutes - 6 - December 20, 2010 Barry Bracken advised prior to the meeting that he would not be addressing Council F Dave Patterson addressed Council concerning Correspondence Item D 17- Request for Amendment to Street Naming Policy to allow for the poppy to remain on the street sign on Corporal Patterson Lane, which was named for his son, who served in the United States Marine Corp. Mr. Patterson stated that he is aware of a recommendation from the Director of Planning.Services to deny his request and wishes to oppose the recommendation. Mr. Patterson quoted various items of correspondence from Members of the Royal Canadian Legion and the Provincial Member of Parliament who are in support of his request. He also quoted correspondence from municipal staff acknowledging that an error had been made in placing the Poppy symbol on the street sign. Mr. Patterson reiterated his request to { have the poppy on the street sign as it is a world insignia signifying veterans and is not owned by the Royal Canadian Legion. COMMUNICATIONS Resolution #C-450-10 fi Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 10, 1 - 11, 1 - 13, 1 - 14, 1 - 22, 1 - 23, 1 - 27, and 1 - 29. a "CARRIED" I - 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 g; September 17, and November 19, 2010. 1 - 3 Minutes of the Central Lake Ontario Conservation Authority dated September 23, and November 16, 2010. I - 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. 1 - 6 Minutes of the Ganaraska Region Conservation Authority dated October 21, 2010. 1 - 7 Minutes of the Clarington Accessibility Advisory Committee dated October 6, 2010. Council Meeting Minutes - 7 - December 20, 2010 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. 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 - 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, 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. T Council Meeting Minutes - 8 - December 20, 2010 1 - 15 John R. O'Toole, MPP, Durham, forwarding a copy of the Honourable y Carol Mitchell, Minister of 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. 4 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 E 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 Council Meeting Minutes - 9 - December 20, 2010 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. 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 Al Iowa nce'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 - 24 Bruce McCuaig, President and Chief Executive Officer, Metrolinx, forwarding a copy of the 2009-10 Annual Report and Audited Financial Statements for Metrolinx. z. Council Meeting Minutes - 10 - December 20, 2010 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; F 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 E 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 - 28 Dan Mathieson, Chair, Municipal Property Assessment Corporation M PAC ( ) 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 - 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 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. Council Meeting Minutes - 11 - December 20, 2010 Resolution #C-451-10 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item I — 22 from John R. O'Toole, MPP, Durham, with respect to Provincial changes to Durham Region's Official Plan, be received for information. "CARRIED" 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. Resolution #C-452-10 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I — 10 from The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, with respect to concerns of the Greater Toronto Countryside Mayors' Alliance, be received for information. "CARRIED" 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. Council Meeting Minutes - 12 - 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 - 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 23rd with the Honourable Kathleen Wynne, Minister of Transportation, advising that a two-phased approach will have crippling r 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. Resolution #C-453-10 Moved by Councillor Traill, seconded by Councillor Novak THAT the Province be advised that the Municipality of Clarington does not support any decision to terminate the Highway 407 East extension anywhere in Oshawa or Clarington. THAT, consistent with the recently approved Environmental Assessment, the Province commit to construct the Highway 407 East extension to Highway 35/115, together with both Durham Links and all the Oshawa interchanges as part of the opening day scenario. THAT a copy of this Council resolution be forwarded to the Premier's Office, Minister of Energy and Infrastructure, Minister of the Environment, Minister of Transportation, Minister of Municipal Affairs and Housing, all local MPs and MPPs, the Region of Durham, all Durham Municipalities, the Chamber of Commerce, the City of Peterborough, Durham College and UOIT. "CARRIED" Council Meeting Minutes - 13 - December 20, 2010 1 - 27 Correspondence has been received from the following individuals objecting to the proposed "Energy-From-Waste"facility (a) Louis Poirier (b) Barry Dutton Resolution #C-454-10 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Item I —27 from Louis Poirier and Barry Dutton, objecting to the proposed "Energy-From-Waste" facility, be received for information. "CARRIED" 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. Resolution #C-455-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT Correspondence Item I — 11 from the Honourable Deb Matthews, Minister of Health and Long-Term Care and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, with respect to bed-bug infestations, be endorsed. "CARRIED" Council Meeting Minutes - 14 - December 20, 2010 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. Resolution #C-456-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item I — 13 from Mary Tillcock, Organizer, Terry Fox Run, with respect to the Annual Terry Fox Run, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-457-10 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 7 be approved as per the agenda. "CARRIED" 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. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 15 - 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, along-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. (Correspondence referred to 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 11tn 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. (Request approved) 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 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. (THAT 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 be received for information; 9 Council Meeting Minutes - 16 - December 20, 2010 THAT Option B in the amount of$12,805 to be drawn from the Economic Development Reserve Account approved; 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. (Correspondence referred 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.%c.ca/paulyuzyk. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) 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. (Navy League tag days approved for April 22, 23, 24 and September 23, 24, 25, 2011) Councillor Woo stated a pecuniary interest with respect to Correspondence Item D — 8 as his wife is a member of the Fundraising Committee and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 17 - December 20, 2010 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. Resolution #C-458-10 Moved by Councillor Novak, seconded by Councillor Trail[ THAT Correspondence Item D— 8 from Kathryn Roka-Ulrich, Sweetheart Dance Committee Chair, with respect to request for waiver of facility rental fee, be denied. "CARRIED" Councillor Woo returned to the meeting. 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. Resolution #C-459-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D — 9 from Donald Igbokwe and Rev. Larry Doyle, Co-chairs, Durham Region Multi-faith World Religion Day Committee requesting proclamation of'World Religion Day" and waiver of facility rental fee received; and THAT the requests be approved. "CARRIED" 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): Council Meeting Minutes - 18 - December 20, 2010 "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, 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." Resolution #C-460-10 Moved by Councillor Novak, seconded by Councillor Traill THAT the resolution from the Mayors of the Greater Toronto Countryside Mayor's Alliance, with respect to the Government's current review of the Provincial Policy Statement (2005), be endorsed. 'CARRIED" 4 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. Council Meeting Minutes _ 19 - December 20, 2010 Resolution #C-461-10 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item D— 11 from Bob Gleeson, with respect to the proposed relocation of Ontario's Air Ambulance Service Provider (ORNGE), be received for information. "MOTION LOST" Resolution #C-462-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D — 11 from Bob Gleeson, with respect to the proposed relocation of Ontario's Air Ambulance Service Provider (ORNGE), be endorsed. "CARRIED" 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 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. Resolution #C-463-10 Moved by Councillor Woo, seconded by Councillor Novak THAT Correspondence Item D - 12 from Paul Johnson, President, Ontario Good Roads Association (OGRA), with respect to The Weather Network, be endorsed. "CARRIED" Council Meeting Minutes - 20 - December 20, 2010 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. Resolution #C-464-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT Correspondence Item D — 13 from John R. O'Toole, MPP, Durham, with respect to the Leading Girls Building Communities Award, be referred to the Municipal Clerk to place information on the Municipal website. "CARRIED" 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 u 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 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; 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; Council Meeting Minutes - 21 - December 20, 2010 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." Resolution #C-465-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Toronto Professional Fire Fighters' Association, with respect to a Highway of Heroes Tribute Coin, be endorsed. "CARRIED" 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." Resolution #C=466-10 Moved by Councillor Novak, seconded by Councillor Partner THAT the resolution from the Town of Ajax, with respect to health care services, be received for information. "CARRIED" Council Meeting Minutes - 22 - December 20, 2010 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. Resolution #C-467-10 Moved by Councillor Novak, seconded by Councillor Partner THAT Simon Farquhar be nominated for appointment to the Durham Trail Coordinating Committee. "CARRIED" Resolution #C-468-10 Moved by Councillor Woo, seconded by Councillor Partner THAT Councillor Novak be nominated for appointment to the Durham Trail Coordinating Committee. "CARRIED" 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. Resolution #C-469-10 Moved by Councillor Traill, seconded by Councillor Partner THAT the provisions of the current Street Naming Policy be upheld. "CARRIED" Council Meeting Minutes - 23 - December 20, 2010 COMMITTEE REPORT(S) Report#1 - General Purpose and Administration Committee Report December 13, 2010. Resolution #C-470-10 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of December 13, 2010 be approved, with the exception of Items #15, #16, and #18. "CARRIED" Item #15 Resolution #C-471-10 Moved by Councillor Neal, seconded by Councillor Woo THAT Item #15 of Report # 1 be referred to the Municipal Solicitor to prepare a report on protocol for appointment to the Veridian Board in an equitable manner. "MOTION WITHDRAWN" Resolution #C-472-10 Moved by Councillor Novak, seconded by Councillor Neal 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. "CARRIED" Item #16 Resolution #C-473-10 Moved by Councillor Hooper, seconded by Councillor Neal THAT Item #16 of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Council Meeting Minutes - 24 - December 20, 2010 Item #18 Resolution #C-474-10 Moved by Councillor Novak, seconded by Councillor Neal 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. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motion) Resolution #C-475-10 Moved by Councillor Traill, seconded by Councillor Woo THAT the foregoing resolution be amended by adding the following to the last paragraph: "and that the report be submitted to Council directly, and not through the Chief Administrative Officer." "CARRIED" The foregoing Resolution #C-474-10 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 25 - December 20, 2010 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-476-10 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. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Item 1 of Business Arising from Notice of Motion as she is a candidate for nomination to the board of Veridian Corporation and left the Council Chambers during discussion and voting on this matter. Resolution #C-477-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT Councillor Novak 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 her term shall terminate on the earlier of December 31, 2012 and the date she ceases to hold such office. "CARRIED" Councillor Novak returned to the meeting.* Councillor Traill indicated that she and Councillor Neal would not be proceeding with the Notice of Motion concerning the Host Community Agreement at this time. Councillor Neal stated a pecuniary interest with respect to Item 1 of Business Arising from Notice of Motion as he is a candidate for nomination to the board of Veridian Corporation and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 26 - December 20, 2010 Resolution #C-478-10 Moved by Councillor Woo, seconded by Councillor Partner THAT Councillor Neal be nominated for the election of directors to the board of the Veridian Corporation for a term commencing on January 2, 2013 and expiring on December 31, 2014, provided, that his term shall terminate on the earlier of December 31, 2012 and the date he ceases to hold such office. "CARRIED" Councillor Neal returned to the meeting. UNFINISHED BUSINESS Resolution #C-479-10 Moved by Councillor Neal, seconded by Councillor Hooper THAT 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 be lifted from the table. "CARRIED" Resolution #C-480-10 Moved by Councillor Novak, seconded by Councillor Partner THAT Addendum #3 to Report PSD-067-09 be received; THAT Report PSD-067-09 be tabled until such time as the Director of Planning Services deems it suitable to report back on the Official Plan Amendment, Draft Plans of Subdivisions and their related rezonings and Neighbourhood Design Plan and the appeals by Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited; and THAT all interested parties listed in the Addendum 3 to Report PSD-067-09 and any delegations be advised of Council's decision. "CARRIED" Mayor Foster stated a pecuniary interest with respect to Item 2 of Unfinished Business as he is a candidate for nomination to the board of Veridian Corporation and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 27 - December 20, 2010 Councillor Novak stated a pecuniary interest with respect to Item 2 of Unfinished Business as she is a candidate for nomination to the board of Veridian Corporation and left the Council Chambers during discussion and voting on this matter. Councillor Neal stated a pecuniary interest with respect to Item 2 of Unfinished Business as he is a candidate for nomination to the board of Veridian Corporation and left the Council Chambers during discussion and voting on this matter. Councillor Woo chaired this portion of the meeting. Resolution #C-481-10 Moved by Councillor Traill, seconded by Councillor Hooper THAT Resolution #C-207-09 be lifted from the table. "CARRIED" Resolution #C-482-10 Moved by Councillor Hooper, seconded by Councillor Traill 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. "MOTION LOST" Council Meeting Minutes - 28 - December 20, 2010 Resolution #C-483-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT the method of compensation paid to Members of Council appointed to the Veridian Board of Directors on behalf of the Municipality of Clarington, remain status quo. "CARRIED" Mayor Foster, Councillor Neal and Councillor Novak returned to the meeting. Mayor Foster resumed the Chair. BY-LAWS Resolution #C-484-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT leave be granted to introduce By-laws 2010-138 to 2010-145 and 2010-147 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] 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 k Services and the Director of Engineering Services 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 2010-141 Being a by-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington 2010-142 Being a by-law to require the payment of fees for services 2010-143 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington Council Meeting Minutes - 29 - December 20, 2010 2010-144 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2010-145 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 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; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business considered under this Section of the Agenda. Resolution #C-485-10 Moved by Councillor Novak, seconded by Councillor Neal THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a proposed or pending acquisition or disposition of land by the municipality or local board. "CARRIED" The meeting resumed in open session at 9:34 p.m. 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-486-10 Moved by Councillor Neal, seconded by Councillor Novak THAT the recommendations contained in Confidential Report PD-120-10 be approved. "CARRIED" Council Meeting Minutes - 30 - December 20, 2010 Resolution #C-487-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 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; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Resolution #C-488-10 Moved by Councillor Woo, seconded by Councillor Novak THAT Councillor Hooper be appointed Deputy Mayor for the purpose of chairing this portion of the meeting. "CARRIED" Councillor Hooper chaired this portion of the meeting. CONFIRMING BY-LAW Mayor Foster, Councillor Neal, Councillor Novak and Councillor Woo stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law and left the Council Chambers during discussion and voting on this matter. Resolution #C-489-10 Moved by Councillor Traill, seconded by Councillor Partner THAT leave be granted to introduce By-law 2010-148, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 20th day of December, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Mayor Foster, Councillor Neal, Councillor Novak and Councillor Woo returned to the meeting. Council Meeting Minutes - 31 - December 20, 2010 Mayor Foster resumed the Chair. ADJOURNMENT Resolution #C-490-10 Moved by Councillor Novak, seconded by Councillor Traill THAT the meeting adjourn at 9:37 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS January 17, 2011 a) Myno Van Dyke, Newcastle Village & District Historical Society— Joseph Atkinson Park (Correspondence Item D - 6) b) Jim Richards— Delegation Limit (Correspondence Item D - 1) C) Libby Racansky— Report PSD-001-11 —Application to Amend Zoning By-law, Official Plan and Proposed Draft Plan of Subdivision Headgate Group Inc. (Item 2 of Report #1) d) Angela Anderson — Report PSD-004-11 - Bowmanville Community Improvement Plan Grants Update(Item 5 of Report#1) SUMMARY OF CORRESPONDENCE January 17, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Clarington Agricultural Advisory Committee dated October 14, 2010 (Copy attached) 1 - 2 Craig Wallace, Senior Environmental Planner/Specialist, SNC+Lavalin, advising of the completion of the detailed design for the removal of the Highway 401/CNR Spur Line bridge in Clarington; outlining the scope of work involving the full demolition and removal of the entire structure, consisting of the deck, piers and abutments and other minor work including utility relocation and roadside safety and enhancements; indicating the removal of the bridge will require one construction season to complete and is tentatively.scheduled to start in spring 2011; advising partial and full closures of Highway 401 with temporary traffic detours will be required and that further notification regarding specific dates and times will be provided following confirmation of the construction schedule by the Ministry of Transportation; and, enclosing the Notice of Construction for reference. 1 - 3 The Honourable Dwight Duncan, Minister of Finance and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2011; indicating that in 2011 the Province will provide over$1.5 billion in support to 405 municipalities through the combined benefit of both the OMPF and provincial uploads representing a 28% increase in support provided in 2010; advising that further details on the 2011 OMPF will be provided to Municipal Clerks and Treasurers and will also be posted on the Ministry of Finance website: http://www.fin.gov.on.ca/e.n/budget/ompf/2011/; and, indicating that the government is introducing measures to improve the economy and is focusing on working with municipalities to help secure Ontarians' future over the longer term. 1 - 4 Jack Gibbons, Chair, Ontario Clean Air Alliance, forwarding the draft results of the 2010 PeakBusters Utility Contest, indicating that Veridian Connections ranked first in the Large Utility category for achieving the largest percentage increase (25.23%) in peaksaver installations between April 1 and September 30, 2010. . Summary of Correspondence - 2 - January 17, 2011 1 - 5 Tom Mitchell, President and CEO, Ontario Power Generation, forwarding Ontario Power Generation's (OPG's) latest Performance Report, highlighting key activities and achievements across Ontario and OPG's financial and operational performance. 1 - 6 John R. O'Toole, MPP, Durham, writing to Kelly Campbell, Director, Energy Farming Ontario Inc., referencing correspondence from the Municipality of Clarington outlining concerns with respect to the meeting held in July at the Orono Town Hall regarding wind energy proposals in Clarington; indicating that many residents have expressed similar concerns regarding the location of the meeting and the lack of formal presentations; and, advising that he supports Clarington's request that another public meeting be held in a venue that can accommodate all interested citizens. 1 - 7 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation (OPG), providing an update on the Darlington New Nuclear Project— Environmental Assessment (EA); indicating that the Joint Review Panel has announced that it will proceed to the public hearing phase of the EA and that hearings will begin March 21, 2011; advising that OPG encourages participation in the hearing process and notes that those who wish to participate must have registered by January 13, 2011; outlining examples of continuing work programs being undertaken in parallel with the federal approvals process in support of the project; and, advising that OPG will continue to inform Council and seek their views and perspectives as the project advances and would be pleased to arrange a briefing to discuss the project. -A copy of the News Release dated December 14, 2010 was attached to the correspondence noting information on the Public Hearing Procedures is available at www.ceaa-acee.gc.ca or by calling 1-866-582-1884 or 613-947-3710. 1 - 8 Nestor Chornobay, Director,,Strategic Planning, Regional Municipality of Durham, forwarding a copy of the Commissioner of Planning's Report 2010-P-57 regarding the Durham Agricultural Advisory Committee, 2010 Farm Tour. Summary of Correspondence - 3 .- January 17, 2011 1 - 9 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of the Commissioner of Planning's Report 2010-P-62 providing an update on the Provincial approval of Regional Official Plan Amendment 128 (ROPA 128) including an overview of the Growing Durham Study process; subsequent preparation of ROPA 128; the Province's decision on ROPA 128, as adopted by Regional Council; and, the Region's appeal of the Minister's decision to the Ontario Municipal Board. 1 - 10 Douglas Allingham, Chair, Board of Directors and Kevin Empey, President and Chief Executive Officer, Lakeridge Health (LH), advising of the breakdown of the laser used for performing retinal surgery in October, 2010, resulting in the cancellation of some cases at Lakeridge Health; indicating that LH immediately addressed the issue by working with their retinal surgeon and partners to identify both a mitigation strategy and a sustainable long-term solution; highlighting reasons why LH has not.immediately purchased a replacement laser due to financial challenges and the need to fully evaluate all options before investing in new equipment; and, advising that Lakeridge Health appreciates that retinal services are an important component of ophthalmology and neonate child care and that any decision on this vital matter will be made thoughtfully and will ensure that the community has access to a high-quality service. 1 - 11 Highway Safety Division, Ontario Provincial Police News Release dated January 4, 2011, - "Know the Law and Get Trained Before Snowmobiling", reminding snowmobilers to be in compliance with the Motorized Snow Vehicles Act; providing examples of some of the same rules that govern motor vehicle drivers that apply to snowmobile operators including speeding, failing to stop at a road crossing and driving with blood/alcohol levels exceeding legal limits; providing a checklist of items snowmobilers must have.on their person or sled; and, suggesting that snowmobilers take advantage of courses offered by the Ontario Federation of Snowmobile Clubs approved by the Ministry of Transportation. Summary of Correspondence - 4 - January 17, 2011 1 - 12 Tom Mitchell, President and CEO, Ontario Power Generation (OPG), forwarding a copy of his speech to the Ontario Energy Network in which he discussed OPG's extensive planning efforts to refurbish the Darlington Nuclear station, the disconnect that exists between Ontario's electricity industry and Ontario's ratepayers and the need for electricity companies to demonstrate value to ratepayers; advising that OPG delivers value to ratepayers by providing safe, reliable electricity and is committed to completing the upcoming refurbishment of Darlington Nuclear on time and on budget as part of how OPG is bridging the gap to better connect with ratepayers; and, inviting Members of Council to provide feedback or comments on his speech. 1 - 13 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to results of the question on the ballot regarding the direct election of the Regional Chair: "a) THAT Report#2010-A-49 of the Regional Clerk be received for information; b) THAT Regional Council request the Minister of Municipal Affairs and Housing to enact a regulation authorizing the Regional Municipality of Durham to exercise its powers under Section 218 of the Municipal Act, 2001 in order to change the method of selecting the Regional chair (head of council) to election by general vote, in accordance with the Municipal Elections Act, 1996, to be effective for 2014; c) THAT subject to the Minister enacting the regulation outlined in part b) above: . i) The Regional Solicitor draft a by-law pursuant to the provisions of the regulation and the rules set out in subsection 218(1) of the Municipal Act, 2001; and ii) The Regional Clerk present a report recommending the date that the statutory public meeting of Regional Council will be held to consider the matter; and d) THAT a copy of Report 2010-A-49 of the Regional Clerk be forwarded to the area municipalities for their information." Summary of Correspondence - 5 - January 17, 2011 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to the quarterly report on planning activities: "a) THAT Report#2010-P-58 of the Commissioner of Planning be received for information; and b) THAT a copy of Report#2010-P-58 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." 1 - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to the timetable for approval of the 2011 Regional Business Plans, detailed budgets and public notification provisions: "a) THAT the following dates for approval of the 2011 Business Plans and Budgets for Property Tax Purposes by Standing Committees and Council be confirmed: . 5 Year Economic and Financial January 26, 2011 Forecast and 2011 Property Tax Guideline— Council Standing Committees Review February 17-23, 2011 Finance & Administration Committee March 1, 2, 3, 2011 (if Review I required) Regional Council Review March 9, 2011 b) THAT staff be authorized to notify the public of Regional Council's intention to adopt the 2011 Regional Business Plans and Budget for General Property Tax Purposes, the Police Services Board and Outside Agencies, Regional Transit and Solid Waste Management at its regularly scheduled meeting of March 9, 2011; and c) THAT a copy of Report#2010-F-76 of the Commissioner of Finance, be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities." Summary of Correspondence 6 - January 17, 2011 1 - 16 Kate Holmes, Director, Product Marketing, Royal Canadian Mint, thanking Council for their letter in support of the Mint's production of a Highway of Heroes coin; advising the Mint will be producing the coin in 2011; and, enclosing the Mint's Communique issued on December 8, 2010. 1 - 17 Gary Dillon, Director, Central Region, Statistics Canada, informing Council that the 2011 Census and new National Household Survey (NHS) will be held in May, 2011; advising Statistics Canada is seeking Council's support in their campaign to encourage the participation of all residents and to help raise awareness of available jobs in the census; highlighting the importance of obtaining every resident's participation to.ensure the municipality gets the needed data to plan, develop and evaluate municipal programs and services; and, indicating that a member of Statistics Canada's communications team will contact the municipality to discuss ways to work together. 1 - 18 Michael Newell, Chair, Nominating Committee, Durham College Board of Governors, forwarding a Notice of Vacancy inviting nominations for two representatives of the community to serve as volunteer members of the Durham College Board of Governors for a three-year term commencing September 1, 2011; advising details of the application process are available at http://www.durhamcollege.ca/EN/main/about us/governan'ce.php; and, requesting that Council assist in the recruitment process by sharing the notice of vacancy with interested colleagues. Applications must be received by February 4,2011. 1 - 19 Tracey Chala, Environmental Sustainability Coordinator, Operations and Environmental Services, Town of Ajax, advising that on January 6, 2011, the second meeting of the Durham Environmental Group was held with municipal Environmental Coordinators and staff from Pickering, Ajax, Whitby, Oshawa and Uxbridge; indicating several items were discussed including their collaborative plan for Earth Hour 2011 and their hope of involving all eight municipalities in a united event; advising the tentative theme for Earth Hour 2011 is 'Where will you be when the lights go out?"; highlighting their communication strategy and the development of a poster and handout with ideas/facts and a listing of all Earth Hour events in the region for purchase and distribution and to be printed in the local media, used for radio messages and posted on municipal websites, the plan to show an environmentally-related film simultaneously and the potential Summary of Correspondence - 7 - January 17, 2011 of holding a friendly municipal competition on Earth Hour success; and, indicating that a."finalization" meeting will be held on January. 26th to have local events included in the communications plan and inviting representatives from Clarington to participate. CORRESPONDENCE FOR DIRECTION D - 1 Jim Richards requesting Council to amend the Procedural By-law to reinstate the ten minute time limit for delegations. (Motion to refer correspondence to the Municipal Clerk) D - 2 Jim Richards suggesting that Council endorse the use of electronic tabulation of ballots for Municipal Elections as he.feels that if electronic tabulation had been used for the 2010 elections, it would have saved taxpayers money, would.have been more accurate and more expedient and would have saved the Municipality from being ridiculed. (Motion to refer correspondence to the Municipal Clerk) . D - 3 A.L. Georgieff, Commissioner of Planning, Region of Durham, requesting that the Municipality nominate a representative to the Durham Agricultural Advisory Committee (DAAC) for the 2010-2014 term; indicating that Eric Bowman, Clarington's current representative has. expressed an interest in returning and that no additional expressions of interest were received from Clarington residents; and, requesting Council to consider nominating Eric Bowman as the municipality's representative on DAAC. (Motion to nominate Eric.Bowman as the Municipality of Clarington's. representative to the Durham Agricultural Advisory Committee for the term 2010-2014) Summary of Correspondence - 8 - January 17, 2011 D -4 Craig Wallace, BES, Senior Environmental Planner, SNCiLAVALIN Inc. (SLI), advising SLI was retained by the Ministry of Transportation to complete the design services for the rehabilitation of Highway 35/115 Newcastle Underpass at Durham Highway 2 and the Highway 35/115 CPR Overpass located in Clarington; and, requesting an exemption to the Noise By-law 2007-071 from the hours of operation to allow flexibility for construction to be undertaken seven (7) days per week, including statutory holidays for the six month contract from June 2011 through to November 2011. (Motion to approve exemption to the Municipality's Noise By-law for the period June to November 2011) D - 5 A.L. Georgieff, Commissioner of Planning, Region of Durham, requesting that the Municipality nominate a representative to the " Durham Environmental Advisory Committee (DEAC) for the 2010- 2014 term; indicating that Hida Manns, Clarington's current representative has expressed an interest in returning and Kimberly Murray, Clarington resident and current Member at Large has also expressed an interest in serving an additional term; requesting Council to consider nominating Hida Manns as the municipality's representative on DEAC; and, advising that it is the Region's intention to nominate Kimberly Murray as a Member at Large for the upcoming term. (Motion. to nominate Hida Manns as the Municipality of Clarington's representative to the Durham Environmental Advisory Committee for the term 2010-2014) D - 6 Myno Van Dyke, Director, Newcastle Village& District Historical Society, writing further to their request for a street in Newcastle to be named after Joseph E. Atkinson which was turned down by the Region of Durham due to a duplication issue; requesting that the park area surrounding the new library in Newcastle be named "Joseph Atkinson Park"; and, that the Provincial Heritage Plaque honouring Mr. Atkinson at the corner of King and Mill Streets be moved to the park. The correspondence indicates that the . Newcastle Horticultural Society is in support of moving the plaque to the park if approved. (Motion for Direction) Summary of Correspondence - 9 - January 17, 2011 D - 7 Doug Anderson, President, DurhamCLEAR, advising of the establishment of an Advisory Committee for the Energy from Waste Project as mandated by the Minister of the Environment as part of the approval process to ensure concerns regarding the design, construction and operation are'addressed, indicating that there are numerous details regarding the facility that need to be determined which will impact the physical and financial health of residents; expressing concern that the terms set out by the Region for the Committee indicate that the meetings will be closed to the public and will be held during working hours when representatives of volunteer public interest groups would find it difficult to attend; requesting that Council either appoint a representative at the political level or instruct their representatives carry out the mandate of the Committee, to carefully consider the positions put forward by the Environmental Groups, to vote to allow the meetings to be open to the public and to be held at.times that are convenient for public participation, and to report directly to Council; and, suggesting that Regional Council be .urged to appoint one or more of its members to the Advisory Committee so that there is a direct reporting relationship: (Motion for Direction) D - 8 Gioseph Anello, Manager of Waste Planning and Technical Services, Regional Municipality of Durham and Dave Gordon, Manager, Waste Management Program Planning and Policy, Regional Municipality of York, requesting that, in accordance with Condition 8 of the Notice of Approval of the Energy from Waste (EFW) Environmental Assessment requiring the establishment of an Advisory Committee to ensure that concerns regarding the design, construction and operation of the undertaking are considered and mitigation measures implemented where appropriate,one (1) representative member and one (1) staff/representative member be appointed to participate on the Energy from Waste Advisory Committee.. The first meeting of the Advisory Committee will take place on January 20, 2011. (Motion for Direction) D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on December 21, 2010, the City of Kingston adopted the following resolution pertaining to Heads and.Beds payment: "WHEREAS many Kingston residents believe their property taxes are significantly higher than other communities in Ontario, when they compare their own experience with what is reported, for example, in the "Done Deals" column of the Globe & Mail; and, Summary of Correspondence - 10 - January 17, 2011 WHEREAS approximately 75% of Kingston property assessment revenues is derived from the residential base, and this is widely regarded as being significantly out of balance with other Ontario communities; and, WHEREAS Kingston has an exceptionally large number of exempt properties, owned either federally, provincially, or by post secondary education institutions and hospitals; and, WHEREAS the payment in lieu of taxes made by the Province of Ontario on behalf of post secondary education institutions and hospitals was $50 per student and hospital bed in 1973, which changed to $75 in 1987 and remains at that rate; and, WHEREAS when Kingston City Council on August 14, 2007, adopted a motion about payments in lieu of taxes, staff bad found that "in Kingston, the maximum payment-in-lieu of tax for 2007 is $1,544,400 (20,592 students @$75 ea), which represents just under 25% of the amount of taxes that would be levied ($6,288,319) if the property had been classified and taxed pursuant to its use"; and, WHEREAS if the 1973 flat rate was adjusted for inflation the current rate would be $240 per student and hospital bed, resulting in a payment to Kingston of approximately $5.0 million; and, WHEREAS if the 1987 flat rate was adjusted for inflation the current payment.would be approximately $2.5 million; and, WHEREAS on August 12, 2008, Kingston City Council adopted a motion calling on the Province of Ontario to raise the "heads and beds" rate at least to match the inflation since 1987, and "to meet with officials from Kingston and other municipalities affected by this law to discuss a fairer way that is closer to the fair market value of the properties to compensate for the loss of property taxes....";,and, WHEREAS on May 25, 2010, subsequent to the Supreme Court of Canada's ruling that the federal government regulations "require that the [federal] tax rate be calculated as if the federal.property were taxable property belonging to a private owner, "Kingston City Council again adopted a motion calling on the Province of Ontario to review the "heads and beds" payments in lieu of taxes; and, WHEREAS the Province of Ontario has taken no action on the motions of August 14, 2007, August 12, 2008, and May 25, 2010; Summary of Correspondence - 11 - January 17, 2011 THEREFORE BE IT RESOLVED THAT: 1. The City pursue with the province, together with other municipalities, an increase in the "heads and beds" payment; and, 2. The CAO provide Council with periodic updates, and at least not later than the end of June 2011, on progress made; and 3. Copies of this motion be sent to all Ontario municipalities; the Association of Municipalities of Ontario, the Honourable Dalton McGuinty, Premier of Ontario; the Honourable Dwight Duncan, Minister of Finance; the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, and the Honourable John Gerretsen, MPP for Kingston and the Islands." (Motion for Direction) CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, OCTOBER 14, 2010 MEMBERS PRESENT: I - .Tom Barrie Ted Watson Donald Rickard Gary Jeffery Brenda Metcalf Eric Bowman Mark Bragg Mary Ann Found Marlene Werry— Durham Region Ross McMaster Jennifer Knox REGRETS: Faye Langmaid Henk Mulders ABSENT: Orwin Bandstra STAFF: Dean Jacobs Kathryn Dram ADOPTION OF AGENDA 10-23 Moved by Eric Bowman, seconded by Donald Rickard "That the Agenda for October 14, 2010 be adopted." "CARRIED APPROVAL OF MINUTES There was no approval of the August 26, 2010 minutes as no one received the minutes. BUSINESS ARISING FROM MINUTES The committee.was advised that a thank you letter was sent to Bev Oda for her update that highlighted the accomplishments for Government in Agriculture. The Committee was informed that the display at the Orono Fair had been set up by Mitch Morawetz. CORRESPONDENCE Dean explained the nomination process for OMAFRA's Premiers Award for Food. Innovation. A guidebook on the application process was passed around and brochures distributed. The deadline for nominations is November 15, 2010. This is the award Algoma received last year. Nominations are to be sent to Marlene Werry or Faye Langmaid. Sher Letooze, Allotment Gardens: In the absence of more information on this item, Gary suggested this be tabled until more information becomes available. REPORTS FROM OTHER COMMITTEES DAAC Eric Bowman gave a report on the DAAC Farm Tour that was held on September 13, 2010. Numbers were great this year, feedback was very positive, the lunch was well .done and it seems the message on the importance of the agricultural sector got through. Attendees were impressed with the presentations, especially with Ted's spraying demonstration on crops in close proximity to homes within plans of subdivision. Ted added that the Chairman from the-Peel Region is taking the buffer issue to their Planning Department to further investigate. Ted gave a brief overview of a presentation on energy conservation from NeoGen . Energy Solutions Inc. that was given to the DAAC on October 5. NeoGen discussed some of their energy assessment examples, including major savings on a veal farm, where they cut cost by 2/3 ($4.38 to $1.32 per calf). Ted recommended a presentation to AACC next year. DAAC received a copy of the Region of Durham's submission to the Provincial Policy Statement (PPS) Review and is disappointed that agriculture has been left out. Marilyn Pearce made a motion to the Regional Council to add a further resolution asking the Minister to examine policies regarding mitigation measures at the interface between urban settlements and farms (mitigation of noise, dust, spray by site design, berms, buffers, etc.). The motion was carried by the Regional Council. Durham Federation of Agriculture Mary Ann Found gave a report from the DFA: Annual Meeting: Speakers were Steve and Lisa Cooper, award recipients. After experiencing financial troubles they made some changes with the goal that they would be self-sustaining in 3 years. Innovation and changes included a CSA, corn maze etc. Two new people are on the DFA Board from Clarington area (one is Mitch Morawetz). The next meeting will be in November 2010, at which time the executive will be elected. High school Farm Connections program held on September 30, 2010: This was a huge success; 350 students participated and visited 10 different stations. Nicole Swain and the farmers made it happen (Eric, Brenda, and Marlene were commended for their presentations and participation). Lots of good feedback came out of the event. At the start of the event the Principal could not understand why an urban school in Whitby was AACC October 14,2010 chosen, but by the end of the day he realized the value to the students. DFA is looking for a host school for next year, hopefully in the Kawartha Pine Ridge District School Board Area. DFA need to think about making the educational tools more interactive (digital, social media etc.). The Trillium Media Launch: Was held at Gates Open at the Found farm on October 3, to accept the official plaque and donation (grant). Mary Ann took the issue about not receiving OFA communications to the OFA. Everyone is on the mailing list, but most information goes out by e-mail. Committee members were informed that if they would like to receive e-mail updates, they must give Karen at OFA their current email address. The Provincial Bill about predators and compensation: The date for written submissions is now past. There are certain concerns with the Bill, for example if you have more than two losses you are required to take a course on how to better protect your livestock from predators. If a farmer have crop losses due to predators, it is also required that pictures be taken and sent to MNR. Clarington Board of Trade Members were invited to attend the DAAC Farm Tour. Those that attended were impressed with the tour and were fascinated to learn about some of the challenges farmers are facing, especially the buffer issue at the interface of farmland and urban land uses. CBOT hosted a mayoral debate at Bobby C's - all four candidates were present. They all think that agri-tourism is the big issue facing Clarington's agricultural community.. OTHER BUSINESS Gary reported that Steve Carruthers has brought some concerns regarding traffic/road narrowing to his attention. Recent road works on Concession 6 and 7 immediately east and west of Regional Road 57included steel barriers/guard rails right to the edge of the pavement that are too narrow for travelling farm vehicles. For example a combine cannot pull over to let traffic pass which creates traffic and safety issues. These comments have been sent onto Engineering. In the New Year the Committee should consider inviting Engineering Services and Operations staff to a meeting to discuss this matter, it is really the designers that have to get the message.. Ted noted concerns about the Municipality's function to spray noxious weeds or cut back to fences along the boulevards in a timely fashion. As a result noxious weeds have become a problem. AACC October 14, 2010 Gary updated the Committee that there is still no reply from OMAFRA regarding the farmer vs corporations issue. He indicated that he would follow up with John O'Toole. FUTURE AGENDA An OMAFRA speaker is to be invited to talk about the definition of a "farmer'. Gary informed the Committee that -OMAFRA has three possible speakers they could send, but the earliest someone could come would be January 2011. The Committee decided that there will be no meeting in November due to the election of the new Council. Dean thanked the members of the Committee, on behalf of Faye Langmaid and Staff for their participation and contributions during the past 4-years. 10-24 Moved by Donald Rickard, seconded by Tom Barrie "The Committee would like to express its appreciation to Faye Langmaid for all of her hard work and support." "CARRIED" Moved to Adjourn: Eric Bowman AACC October 14, 2010 ciarl'on on Leading the Way REPORT #1 REPORT TO COUNCIL MEETING OF JANUARY 17, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 10, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) ESD-001-11 Monthly Response Reports for— Sept., Oct., & Nov. 2010 (b) LGL-001-11 Host Community Agreement—Analysis of Implications (Confidential) 2. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 18 SINGLE DETACHED RESIDENTIAL UNITS APPLICANT: HEADGATE GROUP INC. THAT Report PSD-001-11 be received; THAT the applications to amend the Clarington Official Plan (COPA 2009-0005) and Zoning By-law 84-63 (ZBA 2009-0021) and for a proposed Draft Plan of Subdivision (S-C-2009-001) continue to be processed in the context of a broader review of the Hancock Neighbourhood Design Plan, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and THAT all interested parties listed in Report PSD-001-11 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report#1 - 2 - January 17, 2011 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 16, 2010 THAT Report PSD-002-11 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on December 16, 2010 for applications A2010-0040 and A2010-0043, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-003-11 be received; and THAT any interested parties listed in Report PSD-003-11 be notified of Council's decision. 5. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-004-11 be received; and THAT any interested parties to Report PSD-004-11 be notified of Council's decision. 6. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-005-11 be received; and THAT all interested parties listed in this Report PSD-005-11 and any delegations be advised of Council's decision. 7. COURTICE COMMUNITY IMPROVEMENT UPDATE THAT Report PSD-006-11 be received; and THAT all interested parties listed in Report PSD-006-11 and any delegations be advised of Council's decision. 8. ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE THAT Report PSD-007-11 be received; and THAT any interested parties listed in Report PSD-007-11 be notified of Council's decision. Report#1 - 3 - January 17, 2011 9. INFRASTRUCTURE STIMULUS FUND, ISF 2036, CONCESSION ROAD 6 REHABILITATION THAT Report EGD-001-11 be received; THAT the Municipality is committed to the completion of the Concession Road 6 Rehabilitation as funded by Building Canada Fund, Infrastructure Stimulus Fund; THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. 10. ROBINSON RIDGE SUBDIVISION PHASE 2, COURTICE, PLAN 40M-2113, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-002-11 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-2113; and THAT Council approve the by-laws attached to Report EGD-002-11, assuming certain streets within Plan 40M-2113 as public highways. 11. INFRASTRUCTURE STIMULUS PROJECT— DEADLINE EXTENSION THAT Report CSD-001-11 be received; THAT the Municipality remains committed to the completion of the Garnet B. Rickard Recreation Complex Energy Retrofit Project as funded by Building Canada Fund, Communities Component— Intake 2; THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. Report#1 - 4 - January 17, 2011 12. ACCESSIBILITY INITIATIVES UNDERTAKEN FOR 2010 MUNICIPAL ELECTIONS THAT Report CLD-002-11 be received; and THAT a copy of Report CLD-002-11 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing. 13. APPOINTMENT TO NEWCASTLE VILLAGE COMMUNITY HALL BOARD THAT Report CLD-003-11 be received; THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term: x a. Sierd de Jong b. Peter de Jong c. Linda Franssen and THAT all interested parties listed in Report CLD-003-11 be advised of Council's decision. 14. C2010-116, CO-OPERATIVE TENDER ASPHALT REGISTRY THAT Report COD-001-11 be received; THAT Miller Paving Limited, with a total bid price of$14,103.94 (net'of H.S.T. Rebate), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; THAT Innovative Surface Solutions, with a total bid price of$182,369.18 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; THAT the funds in the amount of$14,103.94 expended for hot mix be drawn from the Department of Operations, 2011 current budget various operating accounts; THAT the funds in the amount of$175,000.00 expended for high performance cold n mix be drawn from the Department of Operations, 2011 Current Budget Pavement Patch account 100-36-381-10255-7112; and Report#1 - 5 - January 17, 2011 THAT the remaining funds in the amount of$7,369.18 expended for high performance cold mix be drawn from the Department of Operations, 2011 current budget various operating accounts. 15. COUNCIL COMPREHENSIVE COMPENSATION BY-LAW FOR THE TERM OF COUNCIL 2011 TO 2014; CONFIRMING 1/3 TAX FREE ALLOWANCE, AND UPDATING THE GENERAL PROVISIONS THAT Report COD-002-11 be received; THAT Council approve the update to the general provision of the Comprehensive Compensation By-law as set out in attachment#1 to Report COD-002-11, and to confirm the continued application of the one-third tax free allowance as provided for in the Municipal Act; and THAT By-law 2007-097 be repealed. 16. 2010 ACCRUAL BASED-BUDGET FOR PSAB PER ONT REG 284/09 THAT Report FND-001-11 be received; and THAT Report FND-001-11 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001. 17. SHARON BARCLAY DELEGATION REGARDING AN OFF-LEASH DOG PARK THAT the delegation of Sharon Barclay, regarding a request for an off-leash dog park, be forwarded to the Director of Engineering Services. 18. MORATORIUM ON WIND DEVELOPMENT WHEREAS Council passed Resolution #C-005-10 endorsing the resolution of the City of Kawartha Lakes requesting that, in advance of the issuance of any permits and the commencement or continuance of any projects, that the appropriate Health Officials conduct a study for the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects, a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine, and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; AND WHEREAS Council passed Resolution # C-337-10 seeking leave to intervene in the application, filed by Mr. Ian Hanna, for judicial review of Ontario Regulation 359/09 seeking a declaration.that certain portions of it are invalid and an injunction restraining the Province from granting approvals under Parts IV and V of the Regulation with respect to wind facilities; Report#1 - 6 - January 17, 2011 AND WHEREAS in December 2010 John R. O'Toole, MPP Durham introduced the following petition to the Legislative Assembly of Ontario: THAT the Minister of the Environment revise the Green Energy Act to allow full public input and municipal approvals on all industrial wind farm developments and that a moratorium on wind development be declared until an independent, epidemiological.study is completed into the health,and environmental impacts of industrial wind turbines. NOW THEREFORE BE IT RESOLVED THAT The Council of the Municipality of Clarington endorses the petition of John R. O'Toole, MPP Durham requesting a moratorium on wind development. Q r; x Unfinished Business #1 Excerpt of Council Minutes September 20, 2010 Resolution #C-391-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Item 3 of Report#1 — Market Compensation.Review Report be tabled until the next term of Council "CARRIED" r Unfinished Business #2 Excerpt of General Purpose and Administration Committee Minutes — January 10, 2011 PROPOSED FENCE CONSTRUCTION COST SHARE BY-LAW Resolution #GPA-013-10 Moved by Councillor Novak, seconded by Mayor Foster THAT Report CLD-001-11 be received; and THAT the By-law to provide for the apportionment of costs of Division Fences attached to Report CLD-001-11, as Attachment 1, be approved. 'MOTION TABLED (See following motion) Resolution #GPA-014-10 Moved by Councillor Neal, seconded by Councillor�Ho.oper THAT Report CLD-001-11 be tabled until the Council meeting of January 17, 2011. CARRIED s 0-aringtoll REPORT CLERKS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution#: By-law#: Report#: CLD-001-11 File#: P01.GE Subject: PROPOSED FENCE CONSTRUCTION COST SHARE BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-11 be received; and 2. THAT the By-law to provide for the apportionment of costs of Division Fences attached to Report CLD-001-11, as Attachment 1, be approved. Submitted b*unnlici Reviewed by: CMO Franklin Wu lerk Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-001-11 PAGE 2 1. BACKGROUND Among the many functions of the Municipal Law Enforcement Division is the administration of the Line Fences Act (Act) as it applies to the division of costs for the construction of fences between adjacent property owners. The Act allows for an arbitration procedure where the two owners cannot agree on the apportionment of costs or the nature of the fence. The Line Fences Act is one of the oldest pieces of Legislation in the Province. The Act of the Province of Upper Canada, 1793, makes reference to the employment of Fence Viewers to provide mediation between disputing farmers over the height, nature and u cost of fences to be constructed and maintained. In 1834 the first version of the Line Fences Act was passed by the legislature of Upper Canada. Over time the Act has changed little. Today it remains as a method of dispute resolution for all property owners. The current Act provides that a property owner may construct a fence to mark the boundaries of his or her property. The Act requires the local municipality to appoint at least 3 referees or "Fence Viewers" who will act as independent arbiters in fencing disputes. The Fence Viewers are paid by the Municipality and those costs can be, billed back to the two property owners. As municipalities have become more urban, staff have seen a shift in the application of the Act from Agricultural to Residential properties. The overall number of Fence Viewings has steadily declined from an annual average of 20 in the early 1990's to its current rate. Since 2006 there have been eight Fence Viewings in the Municipality, with three in 2006, none in 2007, one in 2008, two in 2009 and two in 2010. Over the last ten years nine viewings have involved strictly residential properties and one was a residential property that bordered Municipal land. Four of the Awards were appealed to the Provincial Referee because one side or the other was unhappy with the Fence Viewers' award. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 REPORT NO.: CLD-001-11 PAGE 3 Two of the Appeals were dismissed, one as not necessary and the other as not applicable. In both cases the proposed fence work did not meet the requirements of the Act. In examining the cost share decision, four cases were decided on a 50-50 share basis. One case, which did not conform to the even cost split, involved special requirements on one property owner which did not apply to the other. What is not covered in the cost recovery provisions of the Line Fences Act is staff time required to prepare documentation and organize the Hearings. Each Fence Viewing and Appeal requires staff time to prepare the documentation, schedule Fence Viewings and Appeals, transcribe decisions and mail out the necessary paperwork. This process can be costly and time consuming for both the property owners and the Municipality. 2. ALTERNATIVES Section 26 of the Act does allow a municipality to opt out of the requirements if the local municipality passes a by-law to dictate terms of cost apportionment. A local municipality may choose to pass a by-law setting out a cost sharing formula for residents to use in resolving these matters among themselves. Staff believe that passing such a by-law would relieve municipal workload while still protecting the rights of private property owners to negotiate the costs of construction. Staff have spoken to representatives from the Ministry of Municipal Affairs and Housing. Province-wide there is an increasing trend to enact cost sharing by-laws for residential properties. Locally, Staff are aware that Pickering, Ajax, Whitby, Oshawa, Uxbridge and the City of Kawartha Lakes have abandoned the Fence Viewing process in favour of a cost sharing by-law. REPORT NO.: CLD-001-11 PAGE 4 y 3. MAIN FEATURES OF THE PROPOSED BY-LAW The intent of the By-law is to create a system that is fair to all citizens and not unduly `{ onerous in its application. The Line Fences Act establishes the principle that where a property owner wishes to have a fence on the property line then there shall be a fence constructed. The general application of the Act has been that unless there are compelling reasons to the contrary, the costs should be split evenly between the two owners. The Act currently offers the ability for adjoining owners to enter into private agreements to require fencing and many owners will avail themselves of that option when they have been made aware of it. The imposition of this By-law mirrors that ability in the Act and places the onus back where it belongs, on the involved property owners to resolve their issues themselves. The proposed By-law establishes that, where there is agreement between the two owners, costs shall be shared 50/50 based on a written agreement. Where there is no agreement then the dissenting owner shall be responsible for the cost of a 1.2 metre high chain link fence constructed on the property line. If the originating owner wants to y. upgrade from that point, then he will carry the additional incurred costs. Ongoing maintenance of the fence is also split evenly between the adjoining owners based on the expected costs of a 1.2 metre high chain link fence. As with construction, repair costs for an upgraded fence which exceed the costs for a chain link fence would 3 be borne by the party who wanted the upgrade. REPORT NO.: CLD-001-11 PAGE 5 4. EXCEPTIONS TO THE BY-LAW With certain exceptions listed below, the by-law will apply equally to all lands within the Municipality. The cost share approach has been equally effective in largely urbanized areas such as Ajax as well as more rural municipalities such as Kawartha Lakes. The classifications of lands use zones do not affect the process. As is the case with the Line Fences Act, the By-law will not apply to property abutting Crown land or a road allowance. The By-law will still hold the Municipality jointly accountable for properties bordering municipal parks and other open spaces. Rather than forcing the adjoining owner to file for a Fence Viewing the property owner may simply approach the Director of Operations to arrange for fencing and costs. The By-law is not a means to have an adjoining neighbour pay for upgrades to an existing Division Fence that is in a state of good repair. The owner requesting the upgrade would have to show that there was a deficiency and a need for the upgrade. Any fence construction within the Heritage Conservation District will be subject to all requirements for obtaining a permit pursuant to Part V of the Ontario Heritage Act. The By-law will not apply to any person who is under a legal requirement either by an Act, Regulation, By-law or any other legislation to erect and maintain a Division Fence. For example a property owner who is the subject of an "Order to Restrain" their dog cannot use the provisions of this By-law to force the adjoining neighbours to pay for upgrades to the existing fence as required in the terms of the Order. Any disputes in the cost or cost recovery will have to be addressed through the civil process and not.through the Municipality. Currently the Act allows for the unpaid amounts, once certified as outstanding by the fence viewers, to be added to the Municipal Tax Roll as a lien. It does not have priority status and may sit for years before it is paid. REPORT NO.: CLD-001-11 PAGE 6 5. CONCLUSION The proposed By-law will not be a dramatic departure from previous practice. Given the limited number of requests in recent years staff do not believe the By-law will have a major impact on the public. It is respectfully recommended that the attached by-law be forwarded to Council for p passage. t Attachments: Attachment 1 Proposed By-law . y THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW-NUMBER 2011- Being a by law to provide for the apportionment of costs of Division Fences WHEREAS The Municipal Act 2001 S O 2001 c 25 as amended allows a municipality to pass by-laws with regard to structures including fences and signs; AND WHEREAS the Line Fences Act RSO 1990 c L17 exempts a Municipality from the arbitration requirements of NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE a 1.1 This by law may be cited as the Fence Cost Sharing By-law. 2. DEFINITIONS 2.1 In this by law "Actual Cost"means the total cost of the construction of a Division Fence and includes the cost of the material used and the value of the labour performed to complete the work. "Adjoining Owner"means the person who owns land adjacent to land of an Owner. 'Basic Cost'means the cost of constructing a 1.2 metre(4 foot) high steel chain link fence which: i has a diamond mesh not greater than 50mm (2 inches), ii is constructed of galvanized steel wire.not less than 9 gauge or steel wire covered with vinyl forming a total thickness equivalent to 9 gauge galvanized wire, iii is supported by at least 48 mm(1.88 inch)diameter galvanized steel posts encased in a minimum of 50mrri(2 inches)of concrete from grade to a minimum of 1metre(39 inches)below grade such posts to be spaced not more than 3 metres (10 feet)apart, and iv top and bottom horizontal rails of 35mm(1.37 inches)minimum galvanized steel except that a minimum 9 gauge galvanized steel 5 wire may be substituted for the bottom horizontal steel rail. "Construct"means to build from new where there was no pre-existing Division Fence. "Cost"shall mean all related value for labour and materials involved in { the construction of a Division Fence. "Division Fence"means a fence marking the boundary between adjoining parcels of land not under common ownership. 'S "Municipality"means the Corporation of the Municipality of Clarington. "Owner"means the owner of land who initiates procedures pursuant to the by-law to install and apportion the costs of a Division Fence and includes the person managing or receiving the rent for the land or premises whether on his own account or as agent or trustee for the Owner. "Reconstruct"means to replace an existing Division Fence that is not in a good state of repair using the same materials and building to the style as the existing Division Fence. 5- "Repair"means to restore an existing Division Fence to its original State of Good Repair. "State of Good Repair"means for the purposes of this By law: i the fence is complete and in a structurally sound condition, plumb and securely anchored; ii protected by weather resistant materials; iii fence components are not broken rusted, rotten or in a hazardous condition; iv all stained or painted fences are maintained free of peeling, and v that the fence does not present an unsightly appearance deleterious to abutting land or to the neighbourhood. "Ugrade"means to raise an existing Division Fence to a higher standard of greater value or quality of materials, and "Work"means to construct, repair or maintain a Division Fence and shall include all costs for labour and material. R 3. EXEMPTIONS 3.1 This by law does not apply to: (a). any land that constitutes a public highway including land abutting a public highway that is held as a reserve by the Municipality or other public authority to separate land from the highway or to land that is being held by the Municipality or other public authority as an unopened road allowance or for future public highway purposes, (b) an owner wishing to upgrade an existing Division Fence that is in a state of good repair, and (c) any person that is under a legal requirement either by an Act, Regulation, By-law or any other legislation to erect and maintain a Division Fence. 4. RIGHT TO CONSTRUCT, RECONSTRUCT OR REPAIR 4.1 An Owner of land may construct, reconstruct and repair a Division Fence. 5. WRITTEN AGREEMENT 5.1 Where the Adjoining Owner has agreed in writing to the construction, reconstruction, repair or upgrade of a Division Fence each owner shall be responsible for fifty percent of the actual cost of the work unless otherwise provided for in the written agreement. 6. NO WRITTEN AGREEMENT 6.1 Where the adjoining owner has not agreed in writing to the construction, reconstruction or repair of a Division Fence, the Owner desiring to construct, reconstruct or repair a Division Fence shall serve or cause to be served upon the Adjoining Owner by registered mail, a notice of his or her intention to do so at least fourteen (14)days prior to the commencement of any work or execution of any contract in relation to the work to be undertaken. The fourteen (14)day notice period shall commence on the date following the day the notice is mailed. This notice shall include the following items: (a) a date for beginning the work to be undertaken, (b) a complete breakdown of the costs of the fence, (c) any estimates received for the cost of the fence, and (d) a request for payment calculated as set out in the by-law. 6.2 Where the Adjoining Owner has not agreed in writing to the construction of a Division Fence, the cost for the work shall be paid as follows: (a) the Adjoining Owner shall pay fifty percent of the Basic Cost or fifty percent of the Actual Cost whichever is less, and (b) the Owner shall pay the balance of the Actual Cost. 6.3 Where the Adjoining Owner has not agreed in writing to the reconstruction or repair of a Division Fence each owner shall be responsible for (a) fifty percent of the actual cost of the work,where both parties have agreed to the height, style and cost of the existing fence;or (b) fifty percent of the cost of repairing or reconstructing a Basic Fence, where there has been no prior agreement for the construction of the fence. i 6.4 Where the Adjoining Owner has not agreed in writing to the upgrade of an existing Division Fence but the owner is under a legal requirement to upgrade the existing Division Fence then the existing Division Fence will be upgraded and all costs shall be borne by the Owner. 7. GENERAL PROVISIONS 7.1 Unless otherwise agreed the cost for the work shall paid within 30 days of completion of the work. 4 7.2 Where an Owner or Adjoining Owner is in default of his obligations pursuant to this By-law a person desiring to enforce the provisions of this By-law shall,within ninety days after completion of the work, serve or cause to be served on the defaulting person, a notice by registered mail requiring compliance with this By-law. The notice shall specify that if the default is not rectified within 30 days after service of the notice,the person enforcing this By-law may rectify the default and may take appropriate proceedings under Part IX of the Provincial Offences Act to recover the proportionate share of the cost of the work and additional costs of rectifying the default from the defaulting person. 7.3 Any Division Fence constructed, reconstructed or repaired pursuant to the provisions of this By-law shall comply with the provisions of the Municipality's Fencing By-laws. 7.4 Except as provided in section 3.1 this By-law shall bind the Municipality. 7.5 Where an Owner wishes to construct, reconstruct or repair a Division Fence on property bordering Municipality owned lands, other than those listed in section 3.1,the Director of Operations shall represent the Municipality's interests in the matter. 8. HERITAGE CONSERVATION DISTRICT 8.1 Any Division Fence constructed, reconstructed or repaired within an area designated as a Heritage Conservation District pursuant to Part.V of the Ontario Heritage Act is subject to all requirements of obtaining a permit pursuant to such legislation. 9. VALIDITY 9.1 If a Court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of the By law shall be valid and shall remain in force. 9.2 This By-law shall come into full force and effect upon the date of its passage. Read a first this day of 2011 Read a second time this day of 2011 Read a third time and passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk x SUMMARY OF BY-LAWS January 17, 2011 BY-LAWS 2011-002 Being a by-law to authorize the borrowing of$15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2011 2011-003 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) 2011-004 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) 2011-005 Being a by-law to update the prevailing compensation policies applicable to the.Mayor and Members of Council, and to repeal By-law# 2007-097 (Item 15 of Report#1) 2011-006 Being a by-law to provide for the apportionment of costs of Division Fences (Item 2 of Unfinished Business) HANDOUTS/CIRCULATIONS COUNCIL • MEMO (il,eading the S3'a�� CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: January 14, 2011 Subject: COUNCIL AGENDA— JANUARY 17, 2011 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 8 The following are corrections (noted in bold) to the summary of Correspondence Item D -- 8. Gioseph Anello, Manager of Waste Planning and Technical Services, Regional Municipality of Durham and Dave Gordon, Manager, Waste Management Program Planning and Policy, Regional Municipality of York, requesting that, in accordance with Condition 8 of the Notice of Approval of the Energy from Waste (EFW) Environmental Assessment requiring the establishment of an Advisory Committee to ensure that concerns regarding the design, construction and operation of the undertaking are considered and mitigation measures implemented where appropriate, one (1) representative member and one (1) staff/representative member as an alternate be appointed to participate on the Energy from Waste Advisory Committee. The Region is requesting that the local municipal representation be at the Director level. The first meeting of the Advisory Committee will take place on January 20, 2011. (Motion for Direction) CORPORATION OF THE MUNICIPALITY OF CI_ARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 BY-LAWS 2011-007 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Prestonvale Developments Inc.) (Approved by Council on October 4, 2010) Patti L. Barrie, CMO Municipal Clerk PLBIcf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS January 17, 2011 a) Myno Van Dyke, Newcastle Village & District Historical Society —Joseph Atkinson Park (Correspondence Item D - 6) b) Jim Richards -- Delegation Limit (Correspondence Item D - 1) C) Libby Racansky — Report PSD-001-11 --Application to Amend Zoning By-law, Official Plan and Proposed Draft Plan of Subdivision — Headgate Group Inc. (Item 2 of Report#1) d) Angela Anderson -- Report PSD-004-11 - Bowmanville Community Improvement Plan Grants Update (Item 5 of Report#1) Major Nuclear Projects at Darlington Presentation to Clarington Council January 17 2011 F e A ONTARIOPuffin GENERATION Site acquired in 1971 for power production (12,000 MW) 1980's Darlington Nuclear Generating Station construction began 1993 all four units operational 37524 MW net output Output = approximately 19% of Ontario's demand (enough to power two million homes) Approx 2,600 highly skilled staff on site ONTARIOPOi'WS GENERATION June 2006 OPG directed to begin federal approvals for new nuclear units at an existing site The Project for Environmental Assessment (EA) purposes is defined as: Preparation of the Darlington Nuclear site for up to four nuclear power reactors and up to 4,800 MW of electrical capacity Construction, operation and maintenance of nuclear reactors and associated facilities for approximately 60 years of full power electricity operation; and appropriate nuclear waste management facilities Preliminary planning for decommissioning After three years of detailed studies and community consultation, in September 2009, OPG submitted Environmental Impact Statement Updated Application for a Licence to Prepare Site ONTARIOPOWER GENERATION Joint Review Panel (JRP) established by the Federal Minister of the Environment and the President of the Canadian Nuclear Safety Commission November 2009 to November 2010 JRP undertook extensive public and technical review OPG received over 300 requests for additional information on topics such as: Need for the Project Reactor Design Characteristics, including the EC6 Alternative Means/Cooling Towers Aquatic Environment/Effects & Mitigations On December 14, 2010 the Panel issued notice of the public hearings phase of the EA , which will begin on March 21 , 2011 ONTARIOPOWER GENERATION Step Target Dates . Hearing Participation Registration January 13, 2011 Written Submissions (Government and OPG) January 31 , 2011 Written Submissions (Municipal and public) Feb Feb February 14, Power Point Submissions (all) March 9, 2011 Hearing Begins March 21 , 2011 JRP Report (90 days after end of hearing) 2011 Federal Government Response to JRP Report 2011 Licence to Prepare Site Issued by JRP 2011 Department of Fisheries and Oceans (DFO), Transport Canada (TC) Approvals 90 Days Post-EA Approval ONTARIOPOWER GENERATION The public, Municipal and Regional governments are encouraged to participate in the JRP hearings process The JRP has released hearing procedures All documents are posted on the CEAA public registry at http://www.ceaa- acee.gc.ca/050/details- eng.cfm?cear—id=29525 Also on OPG project web site www,opg.com/newbuild We will continue to keep you informed Contact the JRP Secretariat: Debra Myles Panel Co-Manager Darlington New Nuclear Power Plant Project Joint Review Panel c/o Canadian Environmental Assessment Agency 160 Elgin St, 22nd Floor Place Bell Canada Ottawa, ON K1 OH3 Tel.: 613-957-0626 or 1-866-582-1884 Alk Fax: 613-957-094 E-mail: tf . -. . . Kelly McGee Panel Co-Manager Darlington New Nuclear Power Plant Project Joint Review Panel c/o Canadian Nuclear Safety Commission PO Box 1046, Station B e 280 Slater Street Ottawa, ON K1 P 5S9 Tel: 613-947-3710 Fax: 613-995-5086 ONTARIOPOWER GENERATION Darlington Nuclear Generating Station Refurbishment and Continued Operation Environmental Assessment v v • February 2010 — OPG commenced the definition and planning phase for refurbishment of the DNGS (2009 — 2014) — Outage Preparation (2014 — 2016) — Outage Execution (2016 — 2024) • Definition and Planning involves: — Federal Environmental Assessment (EA) — Integrated Safety Review — Engineering — Cost and Schedule Estimating • Today, we are informing Council on the Federal EA process — the Canadian Nuclear Safety Commission is the authority responsible for this EA under the Canadian Environmental Assessment Act. 0 E A P rojec escription : Keturbishment Activities (Approx 36 months per unit) • Defuel and dewater the reactor • Refurbish or replace major reactor components such as fuel channel assemblies, calandria tubes, and feeder pipes; • Refuel the reactor and refill the moderator and heat transport system with heavy water; • Start-up and test plant systems; • Achieve criticality in the reactor core; and • Construct storage buildings to manage additional used fuel and radioactive waste generated. 6 Unit 1 at Darlington Nuclear Generating Station EA Project uescnption : Lontinuea operation activities (Approx 25 to 30 years) • Continued operation of the units for an additional 25 to 30 years following the refurbishment outage; • Ongoing maintenance, including any large outages required for major component replacement, if required; and • Management of used fuel and other radioactive waste generated during the continued operation. EA Project Description : Preliminary Decommissioning Plan (Approximately 50 years) • Safe storage for approximately 30 years, followed by decommissioning (approximately 10 years) and monitoring and surveillance (10 years). 10 trlyayelfierl Public Consultation • Essential part of the EA process • Ways to participate in the EA process: — Stakeholder Workshops — Community/Open House Information Sessions — EA Newsletters — Project Notification Letters/Regular Updates to Stakeholders — Municipal Briefings — Community Committee Presentations — Kitchen Table Meetings — Information Line 1-866-487-4600 • Project Website: www.opg.com/darlingtonrefurb tH Key Uates ( Hreliminary) Deliverable Date Begin Consultation on EA work program Fall 2010 Baseline studies/preliminary effects assessment Spring 2011 Submit Project Description Spring 2011 Community Information Sessions Late Spring 2011 CNSC Issues Scoping Information Document Late Summer 2011 Mitigations/Significance Assessment Fall 2011 Environmental Impact Statement and Technical Support Documents Issued to CNSC Late 2011 CNSC Holds public review and hearing 2012 12 13 hank www.opg . com/newbuild 1 -866-487-6006 v www. opg . com/darlingtonrefurb 1 -866-487-4600 Joseph Atkinson Park Request to Clarington Council By Newcastle Village & District Historical Society January 17, 2010 Clarington Public Library Newcastle Branch /F A f!AAL Joseph E . Atkinson - 1865- 1948 sn ta} � 4 ti III lit lil! op i Heritage Plaque-King & Mill Streets, Newcastle. •%I Ilik I —7 1 ws Close-u p Plaque of l : 4 JOSEPH E. ATKI NSON M5-1945 ()m.(A Gsna:las lending publis}x.,rs .Josq)b Alkinsut wa4 torn here in ClarkirTtjwnslrip and, at eighteen. began his iournal- ' istic cart—vr 1i"ith the Port Hcp?Tirrn-s. I-le subscgtu:rdl-, moped to orcitlio whtrt• 1!e was cmplovrd first With the Wtnrld and later the Globe Following a period ti,ith'the Mnntrrral E{ ra1d. -- f Atkinson in 18Q(1 becamc Pditnr and manVcr of the Turorito kenina Star He chmood the narnc to The Toronto Claim Star (14001) ancf publishccl it until his death In 1910 hf+ iuuner-tl -, Star established radio station C;Y CA in 1922 arm-i r built Tb, .Star into Camldats largest daily nesy-spaper with a - stated poliry of supportin.n the litdc man-,,I-k- di{-d in 1949 leaving most of hisxonsideratle wealth,to The Atkinson � Charitable Foundation' - E West Side of Library lit • vf { mot ` �1 I• , _ VT � INN Oq ALIVI- A NX Ar _ 1 R _- till Atkinson's house is just 100 metres 0 Hancock Neigh bou rhood - Head ate —phase2 g Re# PSD-112-06 - Planning & CLOCA agreed that it would be appropriate to Review this N. — why? Attachment 1 To Report PSDA 12-M ST - - OAMUFM HANCOCK NEIGHBOURHOOD Wetlands sprawl Park, Schc Roads Based on (imaginar, Loop sery to benefit Headgate, (taxes) No setbac 35 U Not clear 21? GftfCl��+ R Q ry kk*AIA: 3200 Hmcock Road,Courtier,Oldario-Goo&Naps Page 2 of 4 Resident blames development For well running bone dry r.ara eady�•r%f�Ce�widKw FJhhy mVgL re9alNe lave�Dlle dldN7 Brea r<�r.ea a Ald.Alr atAa.muds� .et pmo it"d4dbba ".Y am�tR 1t Popped dWh YFbav- 1mp ibe b m Ie rrY}t l0eesu- - ..4 tern bleba.d,bra lraA m Nord eo<b of ksat b.IL rlQ ds :S lb*b gn Baled 4 dle NQlal a ar33oad dampeal em Ir uel lima .�(+a�1 b a vtrac d hooter IrtY�prt nAadaa 4eie rha de tmr raer noar.6a canlr aayleary_ b.:allteeAaed e�Jtavverrrlie and cao- •z(jpapr-h- dz pbopl bo 4 brnrd, n lateliar-A neiNEbmaltaod rA1r1t4 oM aNb aeae od+Mddane 4 velour sue. d Ae pWrrd>tulali M& .'bractty b hod f�.'t h-b home d- r h b uerr hams lie 6eea Out;dx .lIrbaa]auzbd SgRo Sf hrV4 OYd®Neelm`r manLLmeuK -.d bJd-dW--. Bh. Mtlava a cwd by dsdgiaza 6d - dar_b4 his ari aQmtMllbieP._ ad{,bture Ills agifrt o dar aeea s r!W .,ire be d.R.0- Nf,0-lScr \i.d F ,dle RedOa I rl-0 W.A. .baerae Peas et is d iab6 .Y poley wbea dery vnry�l aartrmrbl nacedal aY4N Haad bd Sboogb We MM�asaa Aaoors6 4�Mr..si- rlLNfrbN WoO[aalh�iek®pvpertY. Rareda Pn' c�lrh'mo,Uv r� 1 m d.w mle'LL e>MA dre pdi�;' d►fi ONIa-idiopasra..aiaa-a beta :lee am aaaab ur wA depre.0ie1N m dle i¢ i.k♦pd artxar 4 cla)))p Mn Ilerafl- .rasn dle.u>�berhood ptea tee J sid.arm de.a abedmtrimed a a 04. tLn dm'eptogide Ale whole 4v ain;Cut tle t�peahlma'r11e said adSn q�li.erc lmarnoaYt'al�elrl reerbaR 4 ehr Yea �seAbe derdolmsc. erer.aelee��flies ssc tta�mt 1 aYmg gaff m s bai,m updooa le "b"Nionet7-fFMm-t Nod clrboa3vr cell ostrrLLo been aff—d by db lavd.iK- aptaeatm IL of l dbbea batdf bm feoglt w'MN ti-ekwl�tLCfWand-erd,yoodllaod Dealt) levee added4the LM--erica fd=r[.Seef ln'tlu 1°Ira_ f`rvsac thm o 3 P_ ..A.u,.d- �'rle le.b..iry.inleesarYbale wtsl�de arod llor+eeeed�ltaNad 4dokf' I1T1 aaaglmaq. 'Ndatltf were bW q dose fnae rearttaow' k).—di_ a!Y',=a6 �br Ch.- W.the ICJ.r its mat w=M Baer bedesg- ��� -rrd LL- .A elpm r�i b mu1 amer err b Ate i i fJc f}ottK 7MM flare dW eaoad ter.Name- [imams AML dw peebleaa b m Moi m K Hb eae4 rr aL u acmnds �dam+.elegdatrrr�4- panels dirvm�l4draL�nr a.�br4 aYrina�.a- u dot die Z5—of w,.a-ry dkr Om rrbw iS{aaesafr Y�aetl4dea wabndmvtldiAaomlc haig.ree aybdarsWirLLy. _ "adTL�� OwoeaaNNlaem�piraadirra .rnlvl�b serddMpm �Y dlpadl b 4111`sw�de�elopmao atlA 'mad.4r t�1b d>V leK hamgarwed�hea►1. eda�-rttmCR° �m n.e deldr;ararnl rxa sr baseea ero -ewsdvrhomregfon.eom raters, P_ M rielr Races-fioerlHl tAfef lad C...l_mH a9i¢Y1w.N1lel[lean m Fw e9 rhr.rmr;ab wrr8- nervlrale fn s'elY/sera meRerwe�s COI•J°4'af�'AOlraaalsae c;5 the LfuJ tit wo that wmikl nc rr ix-6aslg` ame, ftw Ti*deu ai Iopmeca.* said Q: Arlt die piabWra IS l'IM Btca4tti La thC H&J- Hydrogeology- LI S (glacial I andform the only groundwater recharge area to be/veloped in Durham Region) Or*&-h-, Ayf —y fe"mn . .�wii.yt 1 Rte_ Normal Aquifer System 5uuthem Marc y.Mal 5lrallo'aPN 41141 Sr%remf . +V.a.�•w�IS i MI Sw Nr I .h Local Aquifer Systems �r.GIBBON 8 . 'Courtre 41arcmk Road Area .• as e ao OP- To protect and enhance wetlands, streams, —extensive forested area, wildlife habitat, ...require Environmental Impact Study; OH or PIC; wetland functions — biol, physical, etc. Planning Act /Growth Plan — safe, healthy, sustainable pedestrian oriented communities; appropriate location of growth based on watershed planning PPS — wise management of resources; no development within the wetland or adjacent land (demo) = assumptions Clay The only application without PIC or OH input. No review of Neighbourhood Zoning (Darl. Marina - Council recognizes) tributaries (OP) Backwater erased beds; water dispersed throughout ours and Headgate forested areas + Municipality of Clanngton-New Zoning By-Law For Clarin gtm Page I of 1 Do MNR, G Liewhen depicti ng tributaries. PSW, ANSls; core cleared in 1991 C hS 3—A 7G. sb hc1(3 PPPP' T This Is Schemdulak"A" to By-few 99- 7 poss*wd this day cot-. 1869 A.D. tam gig DOE !-!!W V LOT 27 comcEr*810N 3 A PWS 499 ,roeV-A MASH ROAD zopom To zoomm OVAM FMU -40 To -(wj*1- ZMM CWMW FMW -A' TO ""1-4 1 ZONING OWM neat -EP- TO -(H)RI-41- ZMM OVSM FF"A -e TO -RI-4r 1 ZOOM OWME FWU -W Td,-R1-4r ZONING CHAP OE FMM -A- TO -(HPM-i2: = -EP- TO -(H)RZ-12- zopmmm Covam Ff� -jr To CWSJUE FROM -EP- TO WNW CWMK FMW -Ar 10 -OOM-19 MMM CWMK FROM -U- M -(H)0-19' MOMM CWANX FMW 'A' TO '(")Ok2-W coLwrnm s vON• s _ I min . SWM pond, 2007 f My well is 4m & 26cm deep —it is clearly located within 10 m deep shallow aquifer; that is why it is sensitive to any imbalance, according to Gibson fig I Gene-rat Stratigraphy Aquifer Systems C77 R T Q MMMW Drecl'an fg C1.'1-AJ1`ktYY;0.Ct HOW Normal Aquifer System Southern Ontario Adli�GIBSON & Associates Ltd. C[)NSULTRJG EMPNEFR& f S- jom T. Shallaw Flow: 3arVJ.5%,2.,I.Eiiii Mt.ye.0.1®.:, Aweage Dfti." 5" 2. tritarmed0910 Aquifor: 'Deep ov"lifdon Flow- SParadir.Sant!Layers A PoDkels In Thick Sill Till 121•well;-2.2% Awqreqe 0ep1h:20rn J.Deep Aquifer. -ffe�&ock Flow• F•Bdj(ft, ;Pir,.s&Bede:,,; Plgrle3 In Ifs!S:1alg weVel-2% Local Aquifer Systems (P.,D)l !u_A�A�) Courtice Hancock Road Area Why am I here? Usual summer drought is approaching and developer will start with construction that may affect our wells (My well W # 83 = 4 m 26cm ). Last time we were left without water for over ays - in Canada. Council will rest for summer months. Who will he s if this reoccurs? Approximately 1000 m Profile of wells and groundwater on Hancock Road Based on Gibson study 19911 (Water level indicated in wells shows 1991 level-measured) HANCOCK ROAD pt- EJ--..,�-------- _--- - PROFILE IN SCALE NAMEIWELL DEPTHlWATER LEVELIWELL NUMBER J Elevation s ® J.BD -:.. 3.B6 a.6 474 ao a.66 6.02 111rat@rmdin W !� pj � Z aaa =V " " 4.6 3.376 waa 3.342 3-676 4 Nina W82 W81 W40 "'r79 W78 146.$ 146 = 1 a.6 a.e0� rc 666 was was 7 145 _ wa7 $ 7.67 4.01 z eat+ 7 wan �• " 144 : 9b9 3.t3t W69 3.466 W83 W69 �• _ 4? 143 Nash Rd. a.s 9 7 tin4 W96 ' 142 M7 142 •.� lha4bl. °'0° ;: "raD-,eaOOiao 141 144 - _ _ :_•••...,•-.�. i, 3S- Sir,.at $t1 i 2 '' a 138 ; s}=t ' :�,is 4:r +sue'' WATER LEVEL; :•; 138 iai: :'; i=?' : 7b/09d09 90100!07 102"-2691rnm 82"-2063mm s'. 137 s' � ;r:� 'x ` '�= 02104102 76"-1930mm 13 02/06102 6a°-2032mm Nov. 30 2047 # st, >• }=s;';.. Ei#is,` 'g°� ''s ss�� £� 02/07/16 60"-1624mm I ei� � s t w 02110116 20"- 736mm April 1, 2048 's ° �r, i - °3:s• s s : " 07109!20 07M 1114 14"- 366mm 10"- 264mm f i ax , ;;��fa•; P�.:. 07M 1f07 13.6"-347mm North 07M2112 14.8"-381 mm Approximately 1000 m Profile of wells and groundwater on Hancock Road Based on Gibson study 19911 (Water level indicated in wells shows 1991 level-measured) W r - ris ate ko 1998 Region looks into connec-- ion between development and well-waf er sup p1Y, RY RuTH MYLES STA f WitITE11 tTdJJrMY-71tr-nirig tut the tap.110;lling.1 glass with water is somcthiiig vac;all do,usually without Lhinkill?alxttrt Whureit coint`:+ Irani_ Rut scirne Durham Rcgitrrt resi- c-nls depeivi:nt on wells for their u-zter are C011ceriled 11121 large- :�chle develops l ni is 1hir-ate--ning lhat suppiv-,Prey arse Worried that they will fwve to conr=t w wat.tx- wortcs.lal gely at their own Plans for alI future dew hip- mems irn the region could rued to include wC11-11rrittitoring plum as a con'Jiliun Icon apprr jlva I as :t lj:suItof a regional planning c onlmittee meeting curlier this week. l'cxtrIice resident Libby Ravansky&avc the i&t.1 push when six:aslcc;d die commit- tee to r-stabli6h gr[Htnd-waici-sttidies relating to tWn s:tAK i- 11hrirt1cpe tlenJe oFt l-wlIti_ I Miring the c oiyirPitLc d u Snrrr,cituncillors talkCd_tlkrtrt who Would be lilukw:ially respcausihlc 1br not only ground water studies Nit damage to the water table- "if they ho t the wafer,tlwi r.'s no gtic:tiiion who shmild{saiy feel it," tic!regiclital Chaff Roger. Andtn�lH1. But councillor Naiu:y Diallxnxl asked,"Where's the limit"of 111.x1 pnymant. 1W example.She said,Itow c'.ur it he proven that a development c nosed a yesicit:ltcc$'lull wr:sway Cc, look;>Its we-ll water supply. "1t'S not all mace,science,"Sik- sua Ad,explaining that',,whoru the negotiations Come in. "CtiM-c-1 illy lbii:year It eaw9c; there:s ht:un die. Itzwi-st atrxrl.trrt of rainfall in the last.I'5 yc a"... Foor iu:w wells alrt:being driiied in Uxbridge at no ctrst to the horlicowners hcc�wc of informal Keport CZU-87 Date November 10, 1987 but silor 0yelow"t of I Deve opmeat Of-t-1W Area . _�_ �_-�_t.._.� „ yr are lsr�uclnl am aasv�c'leat amount of water .,,.�.a•„-,-�•;:-++cvim! rbinilatf - over time adversel affectin t we s. L "d to lower r r PROPERTY TOWN OF ESTIMATED K.O.E. OWNERS DEVELOPERS NEWCASTLE REGION COST GRANT $HARE SNARE SHARE SHARE Darlington Blvd. $274,000 $164,400 $21,400 $27,400 $27,400 Phair Ave. 75,000 45,000 $27,400 7,500 7,500 7,500 Prestonvale Rd, 91,000 54,600 9,100 9,100 9,100 Yarcoe 1,500 9,100 Rd. 142,000 85,200 14,200 14,200 14,200 Town line Rd. S. 133,000 79,800 13,300 1_32300 3,300 14,200 1_ 13,300 1715,000 $42g,O00 $71,500 $71,500 $71.500 $11.500 Report continued Based on the assumption that grant funding will be Provided by the Province, the net estimated cost of the watermains and water connections to be financed is as follows: Total Estimated Cost of Watermains i Water Connections $2,017,000 K.O.E. Grant Funding (60%) 1.2200 NET COST S 806,800 THAT Recom enE�t011 J Of Wort$ COamissloner's Report 220-87 be amended as follows: THAT the developers contrfbvtIno tht_$60DW0-k&39*AA toward 04 cost of the wa eras ns proposw for cons rvc Om a 1151 and 1986 relawse'to ti + maximum of !f shete co4tel1bution to su Sequent years r v m4 cite Region imp lme s a jot levy increase for correction of well interference problems. Current Situation AI. in d. /1 rhos RIP* 300 Since early this summer over.130 c laints of well problems have been Off• received. At present there are ppr xind ily 42 i'lomes � are connected to WIV the Regina's water supply system an a temporary basis. The temporary • Lump sum payment rate per foot of frontage can be financed over 20 ears •' a ar TV mm wa er cone ion --" - It was done for Ajax, x ridge and others...Why not for us? To assist the home owners, it is su��geed that the contracts for the constrdc. of the watermains in Courtice lnctu e�sirosTon to obtain costs or trie-worKoh rQ �.aterprooerty_ -- ,s, as Deem done on prior occas ons In the own o fax, t d rb 0 Lo a� E a� m ti } 13 O 'L^ V Incomplete graphs of the Durham Region Well Water(PGMN) measurements from 2001 to 2004 and Well Monitoring at 3200 Hancock Road Jan 1,2008 to Dec 31, 2008(Black, red points made by DR Works Dpt.). Report No.2008-W-83 HYDRQGRAPH Attachment N 3 PGMN Monitoring ell W00000 40-1 1 � 150.00 159.5 1.0 1590 I. 158.5 2. 158.0 2.. 157.5 3. 157.0 nrn1� iur%I .iviYC JOLT AU p (..T PGMN Well Dissipation Ra 1.5m150Days te• Hancock Well Dissipation Rate 1.6 m 130 Days NOV DEC 0j I nrn1� iur%I .iviYC JOLT AU p (..T PGMN Well Dissipation Ra 1.5m150Days te• Hancock Well Dissipation Rate 1.6 m 130 Days NOV DEC -1 -0.5 0 0.5 U) tmi C On V to $5 W File:well Graph 2007-2010 2007-Driest summer In 80 years Top Of Casing 0.52 mags Ground Sttffacev Racansky Well HYQROGRAPH Oac 2007Jan2008 DISSIPATION RATE Record Preclpttallon Aug16-Aug27 82.6 em 1 11 days-8.2 c'rr'day Apr 25-Apt 2 2 8 123 em day cmldsy N N r1.y 3 �� March 11-March 18 J I naxtallt"On 25.7 cm 1 7 days 6.0 crruday 3.3 July2-July 6 30 cm13 days-10 cmJday 3.5 `i, Sep 9-Sap 22 Well Depth 3.80 itibgs 87 cm 113 days-7.4 cmiday 4 ..- .t_.4..,._.r.t..,..Y..1..,.y...�t.....,..t_.y. ..r..t__.,..<,... . .- _.. �f . � • ,• --- - r • �'_,. r . . .t'----r--+.-r-r.t-�_-.'-r . f- l- 1- CO co co CO 000000 co co 00 co CO CO00c44iQ70) cr) Q) GI0370) 0) a) M0) () 0) Q) O0000C) C> OG7O40 C� OCCa00 C7C, C , 0c, C, OOC> C? OpC� C30000000000000 U C C .1] L L �+ C C >?." ..' y V C -6 L L L �, C �'' V V C �-- !� r C s SS. �..+' Q o a ns ra m 1° g d " " o a la a� ca to ' a, " o a c7 cv a, ,v as a, c7 v O j dg � — r dcn00Za � � � ag � r Qcn0Zaa � t� � Q � � -' � 1 ? ,< � o as A CO c, CO �� I c, .n a, v rn r , op c I cn « co c t 1- t° Cl) ui d> -4 co A ao c+ to A 1� c', rT , o ri d> � r'J C, 'r .- C, .- f, CI r TFrhe M- C, r C, C, r-- c., C, � f, C, Logger Data