HomeMy WebLinkAbout01/17/2011 •
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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
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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
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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 .
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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;
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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
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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.
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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,
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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
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0
0.5
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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
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Logger Data