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HomeMy WebLinkAbout01/31/2011• clarin on Leading the Way DATE: MONDAY, JANUARY 31, 2011 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a special meeting of Council held January 17, 2011 Minutes of a regular meeting of Council held January 17, 2011 PRESENTATIONS a) Roger Anderson, Regional Chair, Regional Municipality of Durham — Annual Report to Clarington b) Certificate of Recognition and Appreciation - Mary Tillcock, Organizer, Clarington Terry Fox Run C) Tom Barrie, Steve Barrie and Glenn Barrie, Terwidlen Farms - Winner of the Grain Farmers of Ontario 2010 Soybean Yield Challenge DELEGATIONS (List as of Time of Publication) a) Dave Sebben — Solar Panel Installation (Correspondence Item I - 7) b) Jim Richards — Energy From Waste Advisory Committee (Item 16 of Report #1) C) Fred Key — Snow Plowing /Removal, West of Highway #2 and Prestonvale Road, South Boulevard (Correspondence Item D — 8) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - January 31, 2011 COMMUNICATIONS Receive for Information t - 1 Roger Anderson, Regional Chair, Regional Municipality of Durham — Request for AMO to Examine Issues Associated with Commercial Fill Operations and Aerodromes 1 - 2 Mayor John Henry, City of Oshawa - Highway 407 East Extension 1 - 3 John R. O'Toole, MPP, Durham - Cooling towers at the Darlington Nuclear Generating Station 1 - 4 Debbie Leroux, Clerk Township of Uxbridge - Highway 407 East Extension 1 - 5 Linda Gasser — Energy From Waste Advisory Committee and Public Consultation regarding Certificate of Approval Application 1-6 Jonah Kelly, Planning Department, Region of Durham — 2011 DEAC Environmental Achievement Awards 1 - 7 Dave Sebben — Solar Panel Installation 1 - 8 Kim Coates, Clerk, Township of Scugog - Highway 407 East Extension 1 - 9 The Honourable Rick Bartolucci, Ministry of Municipal Affairs and Housing — Long- standing Service Program 1 - 10 Mary Medeiros, Acting City Clerk, City of Oshawa - Highway 407 East Extension Receive for Direction D - 1 Karen Bastas, Newcastle Santa Parade Committee - 7th Annual Newcastle Santa Parade D - 2 Debbie Hunter, Client Services /Chapter Coordinator, MS Society — 2011 Multiple Sclerosis Carnation Campaign D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region — Purple Day for Epilepsy D - 4 Christine Burtand, Communications & Community Development Coordinator, Big Brothers & Sisters of Clarington — Road Occupancy for Special Events D - 5 Garth Gilpin, Secretary- Treasurer & General Manager, Historic Downtown Bowmanville Business Centre — Appointment of Directors to Board of Management Council Agenda - 3 - January 31, 2011 D - 6 Donald Johnson, Advisory Board Member, Bank of Montreal — Opportunity to Increase Private Sector Funding for Charities D - 7 Matthew L. Gaskell, Senior Solicitor, Regional Municipality of Durham — Host Community Agreement, Energy From Waste Facility D - 8 Snow Plowing /Removal on West Boulevard on Prestonvale Road South COMMITTEE REPORT(S) General Purpose and Administration Committee Report of January 24, 2011 STAFF REPORT(S) 1. Report PSD- 011 -11 — Durham /York Residual Waste Project Energy From Waste Advisory Committee (EFWAC) 2. Confidential Report LGL- 003 -11 — Host Community Agreement Letter from Region of Durham dated January 21, 2011 (Distributed under Separate Cover) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Traill, seconded. by Councillor Neal WHEREAS section 2.11 of Clarington Property Standards By -Law Number 2007 -070 is susceptible to inconsistent interpretation due to unclear phraseology; and WHEREAS the ability of the Municipal Law Enforcement Division to enforce section 2.11 of Clarington Property Standards By -law Number 2007 -070 would be enhanced by clarification of the described section; NOW THEREFORE BE IT RESOLVED THAT Clarington Property Standards By -law Number 2007 -007 be amended in section 2.11 by inserting the words "and /or" between the two sentences so that the section would now read: "Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm (2 inches) away from any shared lot line and /or all water drainage shall be directed away from the lot line". UNFINISHED BUSINESS Market Compensation Review Report (Tabled at the Council Meeting of January 17, 2011) (Confidential Information Distributed to Members of Council Under Separate Cover) Council Agenda - 4 - BY -LAWS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT January 31, 2011 r1t 1�.�.. � � ■ it beading the Way Special Council Meeting Minutes JANUARY 17, 2011 Minutes of a special meeting of Council held on January 17, 2011, at 5:30 p.m. in Meeting Room 1A. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Corporate Services and Human Resources, M. Marano Municipal Clerk, P. Barrie The Special meeting of Council was convened for the purpose of receiving a presentation from Tom Gazda, Gazda Houlne and Associates regarding the Market Compensation Review Report.. Resolution #C- 001 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussion of a matter that deals with personal matters about identifiable individuals, including municipal or local board employees. "CARRIED" The meeting resumed in open session at 6:45 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. Council Meeting Minutes - 2 - January 17, 2011 CONFIRMING BY -LAW Resolution #C- 002 -11 Moved by Councillor Hooper, seconded by Councillor Traill THAT leave be granted to introduce By -law 2011 -001, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 17h day of January, 2011; and THAT the said by -law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C- 003 -11 Moved by Councillor Partner, seconded by Novak THAT the meeting adjourn at 6:46 p.m. "CARRIED" MAYOR MUNICIPAL CLERK Orin n ff 1. 11 Leading the R'ay Council Meeting Minutes JANUARY 17, 2011 Minutes of a regular meeting of Council held on January 17, 2011 at 7:00 p.m., in the Council Chambers. Councillor Neal 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, attended until 8:46 p.m. Present: Municipal Solicitor, A. Allison Manager of Transportation and Design, L. Benson, attended until 8:46 p.m. Director of Community Services, J. Caruana attended until 8:46 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath attended until 8:46 p.m. Deputy Treasurer, L. Gordon attended until 8:46 p.m. Director of Corporate Services and Human Resources, M. Marano attended until 8:46 p.m. Director of Emergency Services /Fire Chief, G. Weir, attended until 8:46 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8 :46 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Councillor Hooper and Councillor Novak stated pecuniary interests with respect to the delegation of Angela Anderson. ANNOUNCEMENTS Councillor Novak announced that she attended World Religion Day on January 16, 2011, at the Garnet B. Rickard Recreation Complex. She expressed appreciation on behalf of the organizers for Council's support of the event which was well attended. Councillor Neal announced that on January 15, 2010, he attended the Courtice Rotary Club's Charity Euchre Tournament. Council Meeting Minutes - 2 - January 17, 2011 Councillor Hooper announced the following: • He, along with several other Members of- Council, attended one of Clarington's most senior residents, Jack Brough's 100th Birthday yesterday. • Donna Villemarie and Pat Warren have been re- elected to the positions of Chair and Vice - Chair, respectively, to the Kawartha Conservation Authority's Board of Directors. • Edgar Lucas has been re- elected as Chair of the Bowmanville Business Improvement Area. Councillor Trail[ extended appreciation to Mayor Foster and Members of Council who attended the special meeting of Oshawa City Council last week to voice Clarington's concerns regarding the Highway 407 East expansion. Mayor Foster announced the following: • He also acknowledged Jack Brough's 100th birthday, stating that Mr. Brough is a truly exceptional person who was extremely involved in the community through various activities and is also a former Member of Council. • He also acknowledged World Religion Day as a wonderful event. • The Durham Regional Police Service is holding their first Parent - Police Coalition on January 24, 2011 at M. J. Hobbs Public School. • He extended congratulations to Clint Peters on receiving his Associate Member Certification from the Ontario Association of Road Supervisors. • He also noted the success of the 2010 PeakBusters Utility Contest indicating that Veridian Connections ranked first in the Large Utility Capacity. • Mayor Foster extended birthday wishes to Councillor Hooper and Councillor Woo who were celebrating birthdays today. Resolution #C- 004 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held on December 20, 2010, be approved. "CARRIED" PRESENTATIONS Albert Sweetnam, Executive Vice President, Darlington New Nuclear Project and Bill Robinson, Executive Vice President, Nuclear Refurbishment Projects and Support, Ontario Power Generation (OPG) addressed Council to provide an update on Major Nuclear Projects at Darlington. Mr. Sweetnam introduced Laurie Swami, Vice President, Nuclear Regulatory Programs and Director of Licensing and Jennifer Knox, Darlington Site Public Affairs Manager who were also in attendance this evening. Council Meeting Minutes - 3 - January 17, 2011 Through use of a PowerPoint presentation, Mr. Sweetnam provided background information on the Darlington Nuclear site which was acquired in 1971. Mr. Sweetnam indicated that in 2006, OPG was directed by the Province to begin the federal approvals process for new nuclear at the existing site, including an environmental assessment. Mr. Sweetnam provided an overview of the project involving the construction and operation of up to four nuclear power reactors and up to 4,800 MW of electrical capacity and associated facilities to meet the base load energy needs of Ontario. He stated that the Joint Review Panel (JRP), the three member panel established by the Federal Minister of the Environment and the Canadian Nuclear Safety, undertook an extensive public and technical review and that OPG responded to many questions regarding the need for the project, the reactor design characteristics, alternative means /cooling towers, potential effects on Lake Ontario and mitigation measures. Mr. Sweetnam indicated that on December 14, 2010, the JRP announced it will proceed to the public hearing phase of the environmental review and that the hearings will take place beginning March 21, 2011. Mr. Sweetnam stated public hearings are an essential element of the review and highlighted the current steps and target dates. He encouraged the public, Municipal and Regional governments to participate in the JRP hearing process and advised that further information is available on the Canadian Environmental Assessment Registry and on the OPG project website. Bill Robinson stated in February 2010, OPG commenced the definition and planning phase for refurbishment of the Darlington Nuclear Generating Station. He noted that OPG's CANDU reactors are designed to provide safe and reliable electricity generation and that replacement of some of the key reactor and station components is necessary mid -way through the reactor's life and that the refurbishment will allow Darlington Nuclear Generating Station to operate until approximately 2055. He noted the planning stage will take approximately three to four years and includes a Federal Environmental Assessment, an Integrated Safety Review, engineering studies, cost and schedule estimating. Mr. Robinson indicated that once the planning phase is complete, the project will move into the outage preparation phase (2014 to 2016) and outage execution phase (2016 — 2024). Mr. Robinson outlined the refurbishment activities, noting the work will take approximately two to three years for each of the four unit reactors, continued operation activities and the Preliminary Decommissioning Plan. He indicated that engagement and public consultation is an essential part of the Environmental Assessment Process and reviewed key dates. He stated that the Canadian Nuclear Safety Commission will hold a public review and hearing in 2012 to identify all potential effects of the project. Myno Van Dyke, Newcastle Village & District Historical Society addressed Council concerning Correspondence Item D — 6 - Joseph Atkinson Park. Through use of a PowerPoint presentation Mr. Van Dyke provided information on the Newcastle Village & District Historical Society's request to recognize Joseph Atkinson. He noted that their request to have a street in Newcastle named for Mr. Atkinson was denied and subsequently the Society has asked to name parkland around the new library "Joseph Atkinson Park ". Mr. Van Dyke indicated that the park has had several names including Jubilee Park and Memorial Park and that the Society cannot find any record Council Meeting Minutes - 4 - January 17, 2011 of the official naming of the park. Mr. Van Dyke stated currently there is a Provincial Heritage Plaque located at King and Mill Streets in Newcastle honouring Mr. Atkinson and as part of the Newcastle Community Hall Heritage Garden Project, the plaque is proposed to be moved. Mr. Van Dyke stated the naming of the park after Joseph Atkinson would be a fitting tribute to a former resident and provided historical information on Joseph Atkinson's life from his humble beginnings in Newcastle to his successful career, the establishment of the Atkinson Foundation and his support of many charitable organizations. Mr. Van Dyke indicated the park would be located just east of the home in which Mr. Atkinson grew up. Jim Richards addressed Council concerning Correspondence Item D - 1 Delegation Limit. Mr. Richards indicated he was present this evening to urge Council in the strongest terms to re- instate the ten minute delegation limit. Mr. Richards stated that during the last session of Council, certain Members were not interested in listening to the public especially, on incinerator issues and that four members sought to enact a change in the Procedural By -law to limit speakers from the previous ten minute time limit to five minutes. Mr. Richard stated this change resulted in more people signing up as delegations and more time being used. He acknowledged that some speakers are able to present their views in five minutes; however, not all speakers fit into that mould. Mr. Richards stated that some members of Council campaigned on a promise to listen to and engage the public and that now is the time to demonstrate their integrity and to take the necessary steps to re- instate the ten minute time limit. Libby Racansky addressed Council concerning Item 2 of Report #1 — Report PSD- 001 -11 — Application to Amend Zoning By -law, Official Plan and Proposed Draft Plan of Subdivision — Headgate Group Inc. Ms. Racansky played a video clip of an interview she had with Reka Szekely, Regional Reporter, Metroland in which Ms. Racansky describes the ongoing dispute she has with the Region over the water problems she is experiencing with her well. Ms. Racansky feels the problems are the result of development in the Hancock Road Neighbourhood. Ms. Racansky also conducted a PowerPoint presentation showing the Hancock Neighbourhood Design plan pointing to the drainage point and to her property. She questioned how the oversized pond can detain water with the outlet being placed at the bottom of the pond, how, with warmer climate, can this pond with so much surface area release quality water that is required for the coldwater fishery habitat and how the pond can handle post- development runoff, when it cannot handle pre - development runoff. Ms. Racansky referred to studies conducted by Gibson & Associates Ltd. Consulting Engineers. She indicated that her well is located within 10m deep shallow aquifer and that is the reason it is sensitive to any imbalance. Ms. Racansky stated that she is here this evening as she is concerned that with the summer drought approaching, the developer will start construction that may affect her well. She noted that previously she was left without water for over 30 days. Ms. Racansky thanked Council and staff for the second chance to review the Hancock Neighbourhood Plan and the chance to change the conditions of approval. She also requested that the Director of Planning Services review conditions in which notice could be given to the developer that he has reason to believe that the well has interfered with drainage, dewatering or construction and that the developers would be responsible for water supply. Council Meeting Minutes - 5 - January 17, 2011 Councillor Hooper stated a pecuniary interest with respect to the delegation of Angela Anderson as his business is a client of Ms. Anderson and left the Council Chambers during her delegation. Councillor Novak stated a pecuniary interest with respect to the delegation of Angela Anderson as she is a client of Ms. Anderson and left the Council Chambers during her delegation. Angela Anderson addressed Council concerning Item 5 of Report #1- Report PSD- 004 -11 - Bowmanville Community Improvement Plan Grants Update. Ms. Anderson stated she grew up in Bowmanville and returned to set up her law practice in 2003. She advised of her search for commercial property and subsequent purchase of 104 King Street East. Ms. Anderson reviewed renovations and repairs required to bring the property into compliance with the Building Code noting that during the process she was committed to using local suppliers and that money flowed back into the community. Ms. Anderson stated the Grant program is beneficial to small businesses such as hers as they are the life blood of the community. Ms. Anderson stated that since she opened her practice, she has paid $14,000 per year in commercial taxes and stated that she is pleased with the renovations to her building that were helped by the opportunity to participate in the Community Grant Program. Councillor Hooper and Councillor Novak returned to the meeting. COMMUNICATIONS Resolution #C- 005 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 2, 1 - 4, 1 - 7, 1 - 9, 1 - 13,1 - 17, and I - 19. I - 1 Minutes of the Clarington Agricultural Advisory Committee dated October 14, 2010. 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 Council Meeting Minutes - 6 - January 17, 2011 Ministry of Finance website: http: / /www.fin.gov.on.ca /en /bud etq /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 - 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 - 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. 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. Council Meeting Minutes - 7 - January 17, 2011 I - 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. 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 - 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: Council Meeting Minutes - 8 - January 17, 2011 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 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." 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 - 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/governance.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 - 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. Council Meeting Minutes - 9 - January 17, 2011 Resolution #C- 006 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Correspondence Item I — 2 from Craig Wallace, Senior Environmental Planner /Specialist, SNC +Lavalin, with respect to the removal of the Highway 401 /CNR Spur Line bridge in Clarington, be received for information. "CARRIED" 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. Resolution #C- 007 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 4 from Jack Gibbons, Chair, Ontario Clean Air Alliance, with respect to the draft results of the 2010 PeakBusters Utility Contest, be received for information. "CARRIED" -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. c.ca or by calling 1- 866 - 582 -1884 or 613 - 947 -3710. Council Meeting Minutes -10- January 17, 2011 Resolution #C- 008 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Item I — 7 from Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation, with respect to an update on the Darlington New Nuclear Project Environmental Assessment, be received for information. "CARRIED" 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. Resolution #C- 009 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I — 9 from Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, with respect to Regional Official Plan Amendment 128 (ROPA 128), be received for information. "CARRIED" 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: Council Meeting Minutes - 11 - January 17, 2011 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." Resolution #C- 010 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT the resolution from the Region of Durham, with respect to results of the question on the ballot regarding the direct election of the Regional Chair, be endorsed. "CARRIED" 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. Resolution #C- 011 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I —17 from Gary Dillon, Director, Central Region, Statistics Canada, with respect to the 2011 Census and New National Household Survey, be received for information. "CARRIED" Council Meeting Minutes -12- January 17, 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 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. Resolution #C- 012 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Item I — 19 from Tracey Chala, Environmental Sustainability Coordinator, Operations and Environmental Services, Town of Ajax, with respect to a Region -wide Earth Hour 2011 Collaboration, be referred to staff. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C- 013 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 2 to D - 5 be approved as per the agenda. "CARRIED" 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. (Correspondence referred to the Municipal Clerk) Council Meeting Minutes -13- January 17, 2011 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. (Eric Bowman nominated as the Municipality of Clarington's representative to the Durham Agricultural Advisory Committee for the term 2010 -2014) D - 4 Craig Wallace, BES, Senior Environmental Planner, SNC*LAVALIN 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. (Request for exemption to the Municipality's Noise By -law for the period June to November 2011 approved) 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. (Hida Manns nominated as the Municipality of Clarington's representative to the Durham Environmental Advisory Committee for the term 2010 -2014) D - 1 Jim Richards requesting Council to amend the Procedural By -law to reinstate the ten minute time limit for delegations. Council Meeting Minutes -14- January 17, 2011 Resolution #C- 014 -10 Moved by Councillor Neal, seconded by Councillor Traill THAT Procedural By -law 2007 -227, as amended, be further amended to reinstate the time limit of each delegation to ten (10) minutes. "CARRIED" 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. Resolution #C- 015 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D — 6 from Myno Van Dyke, Director, Newcastle Village & District Historical Society,, with respect to naming the park area surrounding the new library in Newcastle "Joseph Atkinson Park" be referred to staff for follow -up and processing. "CARRIED" 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 Council Meeting Minutes -15- January 17, 2011 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. Resolution #C- 016 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Advisory Committee for the Energy from Waste Project and all necessary bodies including Durham Region be advised that the Municipality of Clarington concurs with the position of DurhamCLEAR that Advisory Committee meetings for the Energy from Waste Project should be open to the public and held at times that are convenient for public participation; and THAT Correspondence Item D — 7 be referred to the Director of Planning Services. "CARRIED" 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. Resolution #C- 017 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Faye Langmaid, Manager of Special Projects, be appointed to participate on the Energy from Waste Advisory Committee. "CARRIED" 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: Council Meeting Minutes -16- January 17, 2011 "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, 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 had 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, Council Meeting Minutes -17- January 17, 2011 WHEREAS the Province of Ontario has taken no action on the motions of August 14, 2007, August 12, 2008, and May 25, 2010; THEREFORE BE IT RESOLVED THAT: 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." Resolution #C- 018 -11 Moved by Councillor Woo, seconded by Councillor Neal THAT the resolution from Carolyn Downs, City Clerk, City of Kingston, with respect to Heads and Beds payment, be endorsed. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 10, 2011. Resolution #C- 019 -11 Moved by Councillor Novak, seconded by Councillor. Neal THAT the General Purpose and Administration Committee Report of January 10, 2011 be approved, with the exception of Items #1(b), #5, #7, #15, and #17. "CARRIED" Council Meeting Minutes _18- January 17, 2011 Item #1 b Resolution #C- 020 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #1(b) of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Item #5 Resolution #C- 021 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report PSD- 004 -11 be received for information. "CARRIED" Item #7 Resolution #C- 022 -11 Moved by Councillor Neal, seconded by Councillor Novak THAT staff be directed to propose a Community Improvement project for Courtice in the 2011 budget. "CARRIED" Item #15 Resolution #C- 023 -11 Moved by Councillor Novak, seconded by Councillor Woo 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 Council Meeting Minutes - 19 - January 17, 2011 THAT By -law 2007 -097 be repealed. "CARRIED" Item #17 Resolution #C- 024 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the delegation of Sharon Barclay, regarding a request for an off -leash dog park, be forwarded to the Director of Engineering Services. "CARRIED" STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C- 025 -11 Moved by Councillor Neal, seconded byCouncillor Traill THAT the order of the Agenda be altered to consider the Notice of Motion following the "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Market Compensation Review Report Resolution #C- 026 -11 Moved by Councillor Woo, seconded by Councillor Novak THAT the Market Compensation Review Report be lifted from the table. "CARRIED" Resolution #C- 027 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Market Compensation Review Report be tabled until the next meeting of Council. "CARRIED" Council Meeting Minutes -20- January 17, 2011 Report CLD- 001 -11 — Proposed Fence Construction Cost Share By -law Resolution #C- 028 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT Report CLD- 001 -11 be lifted from the table. "CARRIED" Resolution #C- 029 -11 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD- 001 -11 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" BY -LAWS As Item 2 of Unfinished Business was referred to the Clarington Agricultural Advisory Committee, By -law 2011 -006 was withdrawn from the Agenda. Resolution #C- 030 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2011 -002 to 2011 -005 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 2011 -004 Being a By -law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 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; and THAT the said by -laws be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes -21 - January 17, 2011 NOTICE OF MOTION Councillor Traill and Councillor Neal gave notice that they will be introducing the following motion at the next Council meeting: "WHEREAS section 2.11 of Clarington Property Standards By -Law Number 2007 -070 is susceptible to inconsistent interpretation due to unclear phraseology; and WHEREAS the ability of the Municipal Law Enforcement Division to enforce section 2.11 of Clarington Property Standards By -law Number 2007 -070 would be enhanced by clarification of the described section; NOW THEREFORE BE IT RESOLVED THAT Clarington Property Standards By -law Number 2007 -007 be amended in section 2.11 by inserting the words "and /or" between the two sentences so that the section would now read: "Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm (2 inches) away from any shared lot line and /or all water drainage shall be directed away from the lot line ". OTHER BUSINESS There was no Other Business considered under this Section of the Agenda. Resolution #C- 031 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 10:21 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- 032 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT Council recess for 10 minutes. "CARRIED" Council Meeting Minutes -22- January 17, 2011 The meeting reconvened at 10:43 p.m. Resolution #C- 033 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Confidential Report LGL- 001 -11 be received; THAT the Region of Durham be requested to amend the Host Community Agreement (the "Agreement ") to: a) clarify the meaning of section 5.3 with respect to how the $9 million cash allowance for architectural treatments and upgrades will be spent; b) clarify the meaning of section 9.1 with respect to the amount of net serviced industrial land within the Energy Business Park to be conveyed to the Municipality; and THAT, if the Municipality and the Region have not reached an agreement in principle respecting the foregoing amendments by February 14, 2011, staff be directed to commence the mediation /arbitration process contained in the Agreement; and THAT Staff be directed to commence an application in the Superior Court of Justice under Rule 14 of the Rules of Civil Procedure for a declaration to determine: a) whether Section 13. 1.1 of the Agreement, under which the Municipality agreed that it shall not oppose the development or operation of the Energy From Waste facility, or any other provision of the Agreement, is void as being contrary to public policy; b) whether the EFW Facility is, as per Section 13.1.2 of the Agreement, 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 c) whether any provision of the Agreement which is contrary to the Minister's approval of the environmental assessment, including: i. the maximum amount of waste that may be processed at the site; ii. the type of waste that may be accepted at the site iii. waste sources; and iv. air emission criteria Council Meeting Minutes -23- January 17, 2011 is to be severed from the Agreement, or amended to conform with the approval. "CARRIED AS AMENDED LATER IN THE MEETING (SEE FOLLOWING MOTIONS)" Resolution #C- 034 -11 Moved by Councillor Partner, seconded by Councillor Woo THAT, in accordance with section 10.12.34 of the Procedural By -law, the meeting continue until 11:30 p.m. "CARRIED" Resolution #C- 035 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT the foregoing Resolution #C- 033 -11 be amended as follows: 1. Adding a new paragraph c) to the second paragraph which reads as follows: "be consistent with both the Region's amended Environment Assessment for Durham and York Residual Waste Study and the Minister's approval of that undertaking dated October 21, 2010 with respect to: v. the maximum amount of waste that may be processed at the site; vi. the type of waste that may be accepted at the site vii. waste sources; and viii. air emission criteria "; and Council Meeting Minutes -24- January 17, 2011 2. Deleting paragraph c) of the final paragraph and replacing it with the following: "whether any provision of the Agreement which is contrary to the Minister's approval of the environmental assessment is to be severed from the Agreement, or amended to conform with the approval." "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Councillor Traill Councillor Woo -Mayor Foster The foregoing Resolution #C- 033 -11 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecunia Interest Absent Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Councillor Traill Councillor Woo ..Mayor Foster BUSINESS ARISING FROM NOTICE OF MOTION Councillor Neal advised that he was not proceeding with his Notice of Motion. OTHER BUSINESS (Cont'd) Resolution #C- 036 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT David Crome, Director of Planning Services, be appointed as the Municipality's alternate member on the Energy from Waste (EFW) Advisory Committee. "CARRIED" Council Meeting Minutes -25- January 17, 2011 BY -LAWS (Cont'd) Resolution #C- 037 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -law 2011 -008 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Municipality of Clarington (Prestonvale Developments Inc.); and THAT the said by -law be now read a first, second and third time and finally approved. "CARRIED" CONFIRMING BY -LAW Councillors Hooper and Novak stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By -law and left the Council Chambers for the remainder of the meeting. Resolution #C- 038 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT leave be granted to introduce By -law 2011 -008, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 17th day of January, 2011; and THAT the said by -law be now read a first, second and third time and finally approved. •G:: ADJOURNMENT Resolution #C- 039 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 11:13 p.m. o MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE January 31, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Roger Anderson, Regional Chair, Regional Municipality of Durham, writing to Pat Vanini, Executive Director, Association of Municipalities of Ontario (AMO), requesting AMO to use their resources and engage the Province to address the concerns of municipalities in Ontario regarding commercial fill operations; and, forwarding a copy of the delegation of a concerned resident who addressed Regional Council expressing concern with the lack of provincial regulation in regard to commercial fill operations, the challenges of municipalities to regulate imported soils given their lack of resources to deal with operators who act in contravention of their fill permit; and the potential impacts on the environment, in. particular, the Oak Ridges Moraine. The correspondence also requested AMO to pursue the lack of a basic approvals process for fill being brought onto a site to construct a heliport and /or airstrip and the fact that some fill operators are attempting to circumvent municipal fill by -laws by indicating their fill is being used for an aerodrome. 1 - 2 Mayor John Henry, City of Oshawa, thanking Mayor Foster for attending the City of Oshawa's Special Council Meeting concerning the extension of Highway 407 East; indicating that Mayor Foster's contribution to the success of the meeting was invaluable in continuing the fight against the Ontario Government's proposed phased approach to the Highway 407 East Extension stopping at Simcoe Street in Oshawa; and, stating it is imperative that the Province fulfills its commitment to complete Highway 407 to Highway 35/115 in a timely manner to reduce gridlock and increase economic growth. 1 - 3 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Brad Duguid, Minister of Energy, acknowledging Clarington Council's resolution opposing the use of cooling towers at the Darlington Nuclear Generating. Station. Summary of Correspondence - 2 - January 31, 2011 1 - 4 Debbie Leroux, Clerk Township of Uxbridge, advising Council that on January 10, 2011, the Township of Uxbridge adopted the following resolution pertaining to the Highway 407 East Extension: "THAT the Council of the Township of Uxbridge support the Municipality of Clarington's resolution that the Province of Ontario 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." 1 - 5 Linda Gasser, forwarding a copy of her delegation of January 12, 2011, to the Region of Durham Works Committee, regarding the Incinerator Advisory Committee and public consultation; expressing concern that the Advisory Committee meetings are proposed to be closed to the public and held during day time business hours which is inconsistent with the Ministry of the Environment's Condition 8 approval requiring municipal representation from all local municipalities in Durham and York; expressing concern that there is no Regional Council liaison to the Committee and stating that she feels it is essential that an informed Regional Council liaison and alternate be appointed by Council to facilitate two -way communication; stating that the Committee should report directly to Council; and, requesting that Regional Council provide clear direction to staff that the Public Advisory Committee be constituted and operated in a manner that is transparent and accessible to the public, with meetings open to the public and media and to occur in the evenings when the public is more likely to be available to attend and /or bring issues to the attention of the Advisory Committee. Ms. Gasser also stated that timely notification and dissemination of information is required and that staff be directed to inform interested parties of the change to the website and to consult with the public before, during and after the Certificate of approval application process. 1 - 6 Jonah Kelly, Planning Department, Region of Durham, advising nominations are being accepted until February 28, 2011, for the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards; a program established to recognize individual or group efforts in six award categories that promote, preserve and enhance Durham's natural environment; forwarding a nomination form outlining the criteria and nomination process. Summary of Correspondence - 3 - January 31, 2011 1 - 7 Dave Sebben, advising that he is aware that the owner of the property on the east side of Simpson Avenue at Baseline Road is in the process of requesting an amendment to the Official Plan to allow for the operation of a solar farm at that location; indicating that a number of residents are opposed to a solar farm being permitted on the site; and, expressing concern with the effect on nesting birds, wildlife and fish habitat preservation, health and safety issues and the loss of property values. 1 - 8 Kim Coates, Clerk, Township of Scugog advising that on January 17, 2011, the Township of Scugog endorsed Clarington Council's resolution of December 20, 2010, pertaining to the Highway 407 East Extension in which the municipality has advised the Province that Clarington does not support any decision to terminate the extension anywhere in Oshawa or Clarington. 1 - 9 The Honourable Rick Bartolucci, Ministry of Municipal Affairs and Housing, extending an invitation to Council to participate in the Ministry's Long- standing Service Program, a program established in 2004 to recognize the spirit and hard work of elected officials who have served their municipalities in excess of 25 years; indicating that the nomination form will be forwarded to the Chief Administrative Officer and Clerk of each municipality for submission to the Ministry's Municipal Services Office by March 31, 2011; and, advising that eligible nominees will be recognized at the Ministry's regional conferences throughout the year. 1 - 10 Mary Medeiros, Acting City Clerk, City of Oshawa, advising that on January 12, 2011, the City of Oshawa endorsed Clarington Council's resolution of December 20, 2010, pertaining to the Highway 407 East Extension in which the municipality has advised the Province that Clarington does not support any decision to terminate the extension anywhere in Oshawa or Clarington. Summary of Correspondence - 4 - January 31, 2011 CORRESPONDENCE FOR DIRECTION D - 1 Karen Bastas, Newcastle Santa Parade Committee requesting permission to host the 7th Annual Newcastle Santa Parade on Sunday, November 20, 2011; indicating that they will apply for the necessary permits from the Municipality and the Region for the road closures; and, requesting Council's approval for the fireworks permit to be issued. (Motion to approve the parade and the fireworks display provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and a fireworks permit from the Municipal Law Enforcement Division) D - 2 Debbie Hunter, Client Services /Chapter Coordinator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada, advising the 2011 Multiple Sclerosis Carnation Campaign will take place during Mother's Day Weekend and - requesting approval for tag days to permit the MS Society to sell carnations on Friday, May 6 and Saturday, May 7, 2011, in support of on -going research .into the cause and cure of MS and to provide assistance for persons with Multiple Sclerosis and their families. (Motion to grant permission to sell carnations on May 6 and May 7, 2011) D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region, advising that March 26, 2011 is "Purple Day for Global Epilepsy Awareness "; advising of events being held in support of epilepsy research and awareness; providing ideas for purple day events including potluck lunches, stair climbing, Dress Purple Casual Days; Silent Auctions, cook -offs and bake sales; and, encouraging the Municipality to consider hosting a Purple Day Event. (Motion to Proclaim) Summary of Correspondence - 5 - January 31, 2011 D-4 Christine Burland, Communications & Community Development Coordinator, Big Brothers & Sisters of Clarington, requesting approval for a partial road closure of Clarington Boulevard north of Stevens Road on March 26, 2011, from 9:00 a.m. until 6:00 p.m. for a road hockey tournament to raise funds for Big Brothers & Sisters of Clarington; advising that access to Clarington Central Secondary School from Clarington Boulevard will be restricted but that the issue has been addressed with the Kawartha Pine Ridge District School Board who have agreed, provided the entrance to the school from Stevens Road remains open; and, indicating that an insurance certificate with the Municipality and the Region listed as additional named insured and liability coverage of $2 million will be provided upon approval of the event. (Motion to approve road closure provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 5 Garth Gilpin, Secretary- Treasurer & General Manager, Historic Downtown Bowmanville Business Centre, informing Council of the composition of the Board of Management for the term expiring December 31, 2014: Edgar Lucas, Chairman Justin Barry, Director Catherine Holmes, Director Donna Johnston, Director Janet Mulder, Director Margaret Seaton, Director Karen Vella,.Director (Motion to appoint Directors) Summary of Correspondence - 6 - January 31, 2011 D - 6 Donald Johnson, Advisory Board Member, Bank of Montreal, advising of fiscal challenges faced by charities across Canada as the federal, provincial and municipal governments focus on deficit reduction rather than tax increases; indicating that the demand for vital services provided by not - for - profit organizations continues to grow; suggesting that the Federal government waive the capital gains tax on charitable donations of real estate and private- company stock making it more affordable for individuals to donate valuable assets to non - profit organizations; and, requesting Council support this process and forward letters of support for the proposal to the Minister of Finance and the local Member of Parliament. Attached to the correspondence is a copy of a communique that was sent to the 1,800 members of the Federation of Canadian Municipalities bringing attention to this unique opportunity. (Motion for Direction) D - 7 Matthew L. Gaskell, Senior Solicitor, Regional Municipality of Durham, writing in response to Council's resolution of January 17, 2011, requesting that the Host Community Agreement (HCA) for the Energy from Waste Facility be amended or failing which that staff .commence a mediation /arbitration under the terms of the Host Community Agreement and commence a Court application challenging the validity of certain provisions of the HCA; advising that it is the opinion of the Legal Department of the Region of Durham that initiating court proceedings as referenced in Clarington's resolution would be a clear and unequivocal breach of the Agreement; and if breached, all of the Region's commitments to Clarington contained therein would be vitiated; indicating that the Region will not discuss the terms of the HCA while under a threat of litigation and that if Clarington wishes to resile from its commitments, then Council should have requested discussions with Durham concerning the issue; advising that any delay of the EFW project will expose the Region to significant delay costs and could result in termination of the entire project agreement; suggesting some of the costs would include $15 million spent to complete the Residual Waste Environmental Assessment; termination costs which could reach $30 million and legal costs and disbursements in excess of $1 million; and, advising that if the Region were subject to any of these costs as a result of Clarington's breach of the HCA, the Region would undoubtedly pursue recovery from Clarington. (Motion for Direction) cla 0 Fin on Leading the Way 9t REPORT #1 REPORT TO COUNCIL MEETING OF JANUARY 31, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 24, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD- 003 -10 Monthly Report on Building Permit Activity for December, 2010 (b) ESD- 002 -10 Monthly Response Report for December, 2010 2. AMENDMENTS TO SIGN BY -LAW 2009 -123 THAT Report PSD- 008 -11 be received; THAT the Municipality of Clarington Sign By -law 2009 -123 be amended by By -law as included in Attachment 1 to Report PSD- 008 -11; and THAT all interested parties listed in Report PSD- 008 -11 and any delegations be advised of Council's decision. 3. BY -LAW TO GOVERN THE SALE AND OTHER DISPOSITION OF SURPLUS MUNICIPAL LAND THAT Report PSD- 009 -11 be received; THAT the By -law to govern the sale and other disposition of surplus municipal land Attachment 3 to Report PSD- 009 -11 be adopted; and THAT the Mayor and Clerk be authorized to sign the By -law in Attachment 3 of Report PSD- 009 -11. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - January 31, 2011 4. DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT DIRECTIVE FROM THE JOINT REVIEW PANEL TO PARTICIPATE IN PUBLIC HEARINGS THAT Report PSD- 010 -11 be received; and THAT a copy of Report PSD- 010 -11 be forwarded to the Joint Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington Board of Trade, and the Central Lake Ontario Conservation Authority. 5. TASK FORCE ON ATTRACTING HIGHER EDUCATION FACILITIES TO CLARINGTON WHEREAS a Task Force on Attracting Higher Education Facilities to Clarington was established by Resolution GPA- 129 -09; AND WHEREAS the Mandate of the Task Force was "to assist Council in attracting higher education facilities to the Municipality of Clarington with particular attention to supporting the Energy and Science Park initiatives; AND WHEREAS the Task Force has prepared a Final Report that was presented and received by the previous Council; and which recommended: 1. That Clarington actively pursue the development of a higher learning campus within the Municipality; 2. That this development process be approached as a medium term goal of 5 to 10 years; 3.. That an appropriate arms - length agency (person, position, or organization) be identified and charged with the responsibility for developing, coordinating and implementing the strategy; and 4. That a Clarington Higher Education Foundation be established to raise funds to support the higher learning pursuits of Clarington residents and to develop capital. NOW THEREFORE BE IT RESOLVED THAT Council endorses the Final Report and the continued involvement of the Mayor's Office in the provision of administrative assistance for the formation of a Higher Education Foundation including links with the Academic Award of Excellence Program that was established in 2001 by Resolution #GPA- 324 -01; THAT discussions be held with the Clarington Board of Trade, Economic Development Office (EDO) to determine the role that can be played by the EDO to advance the long -term economic and community development of an educational campus; and THAT the report of the Higher Education Task Force be referred to the Strategic Plan Process Council is undertaking. Report #1 - 3 - January 31, 2011 6. LIVING GREEN COMMUNITY ADVISORY COMMITTEE WHEREAS the Living Green Community Advisory Committee presented a Green Community Strategy to Council on June 28, 2011 that was endorsed in principle by . Council; AND WHEREAS the Green Community Strategy has been referred to staff for an implementation report in 2011; AND WHEREAS Council deems it important to maintain citizen involvement in issues of the environment and community sustainability; NOW THEREFORE BE IT RESOLVED THAT Planning Staff be directed to prepare terms of reference for a new Living Green Community Advisory Committee that would focus on the implementation of environmental and sustainability initiatives in Clarington with particular references to the Green Community Strategy. 7. TERMINATION OF MUNICIPAL ACCESS AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND BLINK COMMUNICATIONS INC. THAT Report EGD- 004 -11 be received; and THAT the Mayor and Clerk be authorized to terminate a Municipal Access Agreement between the Corporation of the Municipality of Clarington and Blink Communications Inc. 8. REGION OF DURHAM LIBERTY STREET WATERMAIN REALIGNMENT AT HIGHWAY 401 THAT Report EGD- 005 -11 be received; THAT the Mayor and Municipal Clerk be authorized to sign the Region of Durham's "Permission to Enter" agreement for works required by the Region on the Municipality of Clarington's property at 33 Lake Road and 181 Liberty Street; and THAT upon completion of the work and preparation of necessary Reference plans that the Mayor and Municipal Clerk be'authorized to sign the easement agreement(s) for the installed watermain. 9. ANIMAL SERVICES QUARTERLY REPORT — OCTOBER - DECEMBER, 2010 THAT Report CLD- 005 -11 be received; and THAT a copy of Report CLD- 005 -11 be forwarded to the Animal Alliance of Canada. Report #1 - 4 - January 31, 2011 10. PUBLIC SECTOR SALARY DISCLOSURE ACT REPORT FOR 2010 YEAR THAT Report COD - 004 -11 be received; and THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees were paid a salary of $100,000 or more (as defined in the Act), for the year 2010. 11. AMENDMENT REPORT ON CO- OPERATIVE TENDER ARMOURED CAR SERVICES THAT Report COD - 005 -11 be received; THAT G4S Cash Solutions (Canada) Ltd, Toronto, Ontario be removed from the Municipality of Clarington's approved vendor's list; THAT the award of the contract to Garda Cash in Transit Corporation, Toronto, Ontario the next low bidder meeting all terms, conditions and specifications of Co- operative Tender T- 530 -2010 Garda Cash in Transit Corporation, with a total bid price of $55,494.82 (net of H.S.T. Rebate), be endorsed for the provision of Armoured Car Services for a one year term; THAT, pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds be drawn for the respective year's Finance Department's operating budget. 12. LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES THAT Report FND- 002 -11 be received; and THAT the list of applications attached to Report FND- 002 -11, for cancellation, reduction, apportionments or refund of taxes be approved. 13. CONVEYANCE OF PART OF THE ROAD ALLOWANCE BETWEEN LOTS 10 AND 11, CONCESSION 10, DARLINGTON THAT Report LGL- 002 -11 be received; THAT Council pass the form of by -law attached to Report LGL- 002 -11 (Attachment 4) to stop up, close and convey that portion of the unopened road allowance situated between Lots 10 and 11, Concession 10, Darlington, legally described as Part 2 on 10R -1249 to Neil MacKay Orton in order to remove a cloud on title; Report #1 - 5 - January 31, 2011 THAT the conveyance to Mr. Orton be exempted from the Municipality's Policy and Procedure for Road Closures dated November 1996; and THAT the Municipal Solicitor be authorized to take all necessary action to complete the transaction. 14. MUNICIPALITY OF CLARINGTON — STRATEGIC PLAN That Report CAO- 002 -11 be received; and That Council endorse the Strategic Planning Process as provided for in Report CAO- 002 -11. 15. LINDA GASSER'S DELEGATION REGARDING THE MINISTRY OF ENVIRONMENT MANDATED INCINERATOR ADVISORY COMMITTEE (CONDITION 8 OF EA APPROVAL) THAT the delegation of Linda Gasser, regarding the Ministry of Environment Mandated Incinerator Advisory Committee (Condition 8 of EA Approval) be received with thanks. 16. WENDY BRACKEN'S DELEGATION REGARDING THE ONGOING INCINERATOR EA PROCESS /ENERGY FROM WASTE ADVISORY COMMITTEE THAT the delegation of Wendy Bracken be referred to staff, including the Legal Services Department for a report on the following: • requesting the Minister of the Environment for clarification on the intent of the draft Terms of Reference of the Energy from Waste Advisory Committee; • appointment of a Council liaison to the Energy from Waste Advisory Committee; and • clarification on the future position of the Municipality of Clarington regarding having a peer review of the Certificate of Approval documents. 17. CORRESPONDENCE FROM REGION OF DURHAM REGARDING THE HOST COMMUNITY AGREEMENT THAT the Municipal Solicitor be requested to prepare a report, for the Council meeting of January 31, 2011, regarding the comments made in the correspondence from the Region of Durham, dated January 21, 2011, on how the Municipality of Clarington can avoid legal action in the matter of the Host Community Agreement. Report #1 - 6 - January 31, 2011 18. APPOINTMENTS TO VARIOUS BOARDS & COMMITTEES — 2011 -2014 a) Report CLD- 004 -11 THAT Report CLD- 004 -11 be received; THAT the Municipal Clerk's Department be authorized to advertise for any remaining vacancies; and THAT a By -law, repealing By -law 2004 -229, regarding the composition of the Clarington Public Library, be approved. b) Appointments Of Council Representatives THAT Council Members be appointed to Boards & Committees as follows: Name of Board /Committee Name of Council Representative(s) Visual Arts Centre Willie Woo St. Mary's Cement Community Relations Committee Willie Woo Tyrone Community Centre Corinna Traill Abandoned Cemeteries Board Ron Hooper Accessibility Advisory Committee Wendy Partner Agricultural Advisory Committee Wendy Partner Clarington Museum & Archives Board Adrian Foster Joe Neal Newcastle Arena Board Willie Woo Orono Arena Board Wendy Partner Bowmanville CIP Ron Hoo er Newcastle Village CIP Willie Woo Orono CIP Partner Newcastle Community Hall Board -Wendy Wendy Partner Willie Woo Newcastle BIA Wend Partner Orono BIA Wendy Partner Bowmanville BIA Ron Hooper Orono Cemetery Board Wendy Partner .Clarington Library Board Mary Novak Ron Hooper Solina Hall Board Joe Neal Mary Novak Clarington Older Adult Association Adrian Foster Ron Hooper Youth Advisory Committee Joe Neal Durham Strategic Environmental Alliance I Ma Novak Report #1 - 7 - January 31, 2011 Name of Board /Committee Name of Council Representative(s) Hampton Community Association Mary Novak Municipal Heritage Committee Ron Hooper Darlington Site Committee Mary Novak Joe Neal Samuel Wilmot Nature Area Management Advisory Committee Corinna Traill Bethesda House Corinna Traill Friends of Second Marsh Joe Neal Bowmanville Santa Claus Parade Ron Hooper c) Abandoned Cemeteries Board THAT the following individuals be appointed to the Abandoned Cemeteries Board of Clarington: John Murray Bate Jim Becksted Suzanne Land Terry Maye Bryan. Ransom Bonnie Seto Blair Smyth d) Accessibility Advisory Committee THAT the following individuals be appointed to the Clarington Accessibility Advisory Committee: Sally Barrie Jennifer Forde Tim Hick Sylvia Jaspers -Fayer David Kelly Shea -Lea Latchford Report #1 - 8 - January 31, 2011 e) Agricultural Advisory Committee THAT the following individuals be appointed to the Agricultural Advisory Committee of Clarington: Tom Barrie Eric Bowman Mark Bragg John Cartwright Les Caswell Gary Jeffery Jennifer Knox Brenda Metcalf Donald Rickard Ted Watson f) Committee of Adjustment THAT the following individuals be appointed to the Clarington Committee of Adjustment: Paul Allore Charmaine Dunn Jeffrey Haskins Latifun (Ashna) Prasad Todd Taylor Jim Vinson g), Ganaraska Forest Recreational User Committee THAT Bill Stapleton be appointed to the Ganaraska Forest Recreational User Committee as the representative from the Municipality of Clarington. h) Livestock Valuers THAT the following individuals be appointed as Livestock Valuers: James E. Coombes Barry A. James Report #1 - 9 - January 31, 2011 i) Clarington Heritage Committee THAT the following individuals be appointed to the Clarington Heritage Committee: Tracey Ali Tenzin Gyaltsan Karina Isert Andrew Kozak Karin Murphy David Reesor Angela Tibbles j) Museums and Archives Board THAT the following individuals be appointed to the Clarington Museums and Archives Board: Ward 1: Marilyn Morawetz Michelle Speelman Viney Ward 2: Bonnie Seto Brad Shields Ward 3 Mavis C. Carlton Philip B. Ford Ward 4: Julie Cashin -Oster John Witheridge Friends of the Museum Representative: Susan Laing k) Newcastle Arena Board THAT the following individuals be appointed to the Newcastle Arena Management Board: Gord Blaker Lawrence Burke Bob Holmes Gordon Lee Carol J. Little Gary Oliver Jo -Anne Raymond Report #1 _10- January 31, 2011 1) Orono Arena Community Centre Board THAT the following individuals be appointed to the Orono Arena Community Centre Board: Raymond Bester John Witheridge m) Pound Keepers THAT Arnot R. Wotten Sr. be appointed as a Pound Keeper for the Municipality of Clarington. n) Property Standards Committee THAT the following individuals be appointed to the Clarington Property Standards Committee: Patricia Brazeau Jeffrey Haskins James Kamstra Allan McArthur Mary-Ann Muizelaar Anthony B. Wood o) Public Library Board THAT the following individuals be appointed to the Clarington Public Library Board: Tracey Ali Valerie Aston Fred Brumwell Brenda Carrigan Judy Hagerman Gail Rickard Jacob Vander Schee o) Samuel Wilmot Nature Area Management Advisory Committee THAT the following individuals be appointed to the Samuel Wilmot Nature Area Management Advisory Committee: David Best Jim Cleland Michael B. Goleski Geoff James Shirley Minifie Clayton M. Morgan Patricia Mulcahy Brian Reid Report #1 - 11 - January 31, 2011 p) Ganaraska Region Municipal Working Group for the Purpose of Drinking Water Source Protection THAT Faye Langmaid, Manager of Special Projects, and Leslie Benson, Manager of Transportation and Design be appointed to sit on the Ganaraska Region Municipal Working Group for the Purpose of Drinking Water Source Protection, as representatives of Municipality of Clarington. 19. TENDER NO. CL2009 -41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS — SOIL REMEDIATION UPDATE — CONFIDENTIAL REPORT THAT the recommendations contained in Confidential Report COD - 003 -11, regarding Tender No. C12009 -41, Fuel Tank Requirements at Various Locations — Soil Remediation Update be approved. • Leading the Way Staff Report # 1 0 4 a 01 A i PLANNING SERVICES Meeting: COUNCIL Date: January 31, 2011 Resolution M By -law #: N/A Report M PSD- 011 -11 File #: PLN 33.3.10 Subject: DURHAMIYORK RESIDUAL WASTE PROJECT ENERGY FROM WASTE ADVISORY COMMITTEE (EFWAC) RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD- 011 -11 be received; 2. THAT a copy of Report PSD- 011 -11 and Council's decision be forwarded to the Region of Durham, the Region of York, and Ministry of Environment; and 3. THAT all interested parties listed in Report PSD- 011 -11 and any delegations be advised of Council's decision. Submitted b `_ f �/ Reviewed b : ��- Y Y avid J. Crome, MCIP, RPP Franklin Wu, ` Director of Planning Services Chief Administrative Officer FL /AA/sn /df 26 January 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD- 011 -11 PAGE 2 1.0 BACKGROUND 1.1 At the January 24, 2011 General Purpose and Administration Committee meeting, staff were directed to prepare a report for Council on January 31, 2011, as set out in the resolution below. THAT the delegation of Wendy Bracken be referred to staff, including the Legal Services Department for a report on the following: • requesting the Minister of the Environment for clarification on the intent of the draft Terms of Reference of the Energy from Waste Advisory Committee; • appointment of a Council liaison to the Energy from Waste Advisory Committee; and • Clarification on the future position of the Municipality of Clarington regarding having a peer review of the Certificate of Approval documents. 1.2 Faye Langmaid, Manager of Special Projects who was appointed by Council to participate on the Energy from Waste Advisory Committee (EFWAC) on January 17th, 2011, attended the initial meeting of the group on January 20th, 2011. The public was not permitted to enter the meeting. No reason was provided for this action. 1.3 The initial EFWAC meeting dealt with the draft terms of reference, draft complaint protocol, a review of the EA process and approval. Comments are due on the draft complaint protocol January 27th, 2011 and on the draft terms of reference February 10th, 2011. 2.0 ISSUES RAISED IN GPA RESOLUTION #GPA -052 -11 JANUARY 24, 2011 2.1 It is recommended the Minister of Environment be sent a copy of this report. It is Staff's understanding that the draft terms of reference have to be reviewed and approved by the MOE Director and Regional Director, that will be after they have been further reviewed and vetted with the Project Team and presumably the EFWAC. As such, Staff have requested the Project Team forward the motion Council passed on January 17th, 2011 #C-01 6-11 (Attachment 1) in conjunction with the comments provided to the Project Team (Attachment 2) on the Draft Terms of Reference (Attachment 3). 2.2 Appointment of a Council liaison to the EFWAC is at the discretion of Council. The Clerk has advised that it would be necessary to rescind the resolutions that have been passed being Resolutions #C- 017 -11 (Attachment 1) and #C- 036 -11 (Attachment 4 - appointment of an alternate) if Council's wishes to appoint a member of Clarington Council instead of either or both of the individuals appointed by those resolutions. REPORT NO.: PSD- 011 -11 PAGE 3 2.3 As part of the discussion on the draft complaint protocol at the EFWAC meeting, the committee was informed that the Certificate of Approval (C of A) is being submitted by the Operator, Covanta. The draft application for the C of A will be submitted in or around the end of January. It is to include the draft complaint protocol. Comments on the draft complaint protocol were requested by the Project Team by January 27th (Attachment 5). 2.4 The public members of EFWAC felt that the draft C of A application should come before the committee prior to submission to the MOE; however, the Project Team informed the committee that this is not part of their "advisory" role. Subsequently, public members requested the Project Team keep the EFWAC members. informed of the application submission and any amendments to MOE. MOE does not notify interested parties, rather MOE posts information to the Environmental Bill of Rights (EBR) website. 2.5 For Council's information, review of a draft application is a lengthy process and amendments to the application can be made throughout the process. The Municipality will be requested to make comments by MOE on the C of A application. 2.6 The Municipality in the Host Community Agreement set out its requirements for the emission levels to be achieved in the C of A. The EA Approval has further restricted the emissions identified in the Host Community Agreement. 2.7 The Municipality has the ability and will be asked by MOE to comment on matters relating to the C of A and if as part of those comments the Municipality wishes to conduct a peer review of certain aspects of the C of A it can do so. Funds for such a peer review have not been identified in the 2011 budget nor is this part of the peer review funding that was provided by the Region during the EA Process. 2.8 This Report has been reviewed by the Municipal Solicitor. Staff Contact: Faye Langmaid Attachments: Attachment 1: Resolutions #C- 016 -11 and #C- 017 -11 Attachment 2: Draft Letter on Draft EFWAC Terms of Reference to Project Team Attachment 3: Draft EFWAC Terms of Reference Attachment 4: Resolution #C- 036 -11 Attachment 5: Letter on Draft Complaint Protocol to Project Team List of interested parties to be notified of Councils decision: Lyndsay Waller, EFWAC Facilitator, EFW Project Team Gavin Battarino, Ministry of the Environment Wendy Bracken Tracey Ali Linda Gasser Kerry Meydam Doug Anderson Attachment 1 To Report PSD- 011 -11 Council Meeting Minutes -15- January 17, 2011 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. Resolution #C- 016 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Advisory Committee for the Energy from Waste Project and all necessary bodies including Durham Region be advised that the Municipality of Clarington concurs with the position of DurhamCLEAR that Advisory Committee meetings for the Energy from Waste Project should be open to the public and held at times that are convenient for public participation; and THAT Correspondence Item D — 7 be referred to the Director of Planning Services. "CARRIED" 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. Resolution #C -017 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Faye Langmaid, Manager of Special Projects, be appointed to participate on the Energy from Waste Advisory Committee. "CARRIED" 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: Attachment 2 To Report PSD- 011 -11 February 1, 2011 Lyndsay Waller, Facilitator Energy from Waste Advisory Committee (EFWAC) Regional Municipality of Durham 605 Rossland Rd. East Whitby, ON UN 6A3 Dear Ms. Waller: RE: ASSIGNMENTS FROM JAN 20, 2011 EFWAC REGARDING DRAFT TERMS OF REFERENCE FILE NO.: PLN 33.3.10 Please accept the following remarks in response to your request for comments by February 10, 2011 on the Draft Terms of Reference;' Draft Terms of Reference for EFWAC Item 1 — "The purpose of the EFWAC is to provide a forum for the transfer of information between... various stakeholders ... and the public..." Given this as the purpose of the committee it is not logical that the Membership (3.1) is limited to only 3_ environmental groups named by the Ministry in the EA Approval and that the meetings are closed to the public (8.1). While the 3 environmental groups are important members of the public they are not the entirety of the public. Further limiting the attendance of the public to only the appointed members and their alternates does not fulfill the mandate of providing information to the public. There was discussion at the meeting that there would be other venues and advisory committees, however, given that this appears to be the only committee set out in the EA approval to satisfy the public 'advisory role these clauses in the Terms of Reference should be revised. Item 3.1 — Please advise how clause 8.6 of the EA Approval is being addressed or can be in the future, given the limitations that have been included in the draft Terms of Reference. "8.6 The proponent may also invite other stakeholders to participate in the advisory committee, including, but not limited to, interested members of the public, Aboriginal communities, and other federal or provincial agencies." It is our understanding from 8.11 in the EA Approval that the Terms of Reference will be submitted to the MOE Director and Regional Director. Please advise the MOE Director and Regional Director of Clarington's objection to these clauses, as set out in Council's Resolution #C- 016- 11(attached). Item 4 — The EFWAC shall "provide advice to help ensure that the commitments ", please reword this section. The EFWAC is only advisory and does not have any approval authority. As such, they can only advise the Project Team and Regions, they cannot ensure that the Project Team or Regions follow their advice. Item 8.1 — Meeting times from 8:30 a.m. to 4:30 p.m. Monday to Friday, while this accommodates the majority of the members of the. EFWAC (as they are employees), it does not accommodate the public members or provide for wider public participation. Some meetings could be after hours, especially if the presentation topic is something that a wider group of the public might wish to attend. There could be a balance between daytime and nighttime meetings to better meet everyone's calendar and volunteer commitments. "The meeting location may be subject to change once the EFW facilit� is operational and providing space is available." Following; the meeting on January 20 ", you called all the members asking if holding meetings in York was acceptable, there was no discussion of this at the meeting itself. Upon reflection since all the public members are from Durham it would make sense to hold the meetings in Durham to better accommodate their participation. Meetings could be held in York if there was a specific purpose (e.g. tour of a facility) but again an appropriate balance should be struck. "Meetings will be closed to the public. ". There is no reason for this clause to be in the Terms of Reference and we request that it be deleted. The public attended the meetings of the EA Process Site Liaison Committee and were respectful, well informed and interested in the proceedings. Given their ongoing participation and the requirement by the EA approval to include certain groups as member stakeholders, their participation should be respected and welcomed. Yours truly, Faye Langmaid Manager of Special Projects FL:sn cc: Mayor and Members of Council Franklin Wu, CAO Tony Cannella, Director of Engineering Services Fred Horvath, Director of Operations David J. Crome, Director of Planning Services 1. iA Energy from Waste Advisory Committee Terms of Reference (Per the Minister of the Environment's Conditions) Purpose Attachment 3 To Report PSD- 011 -11 The Energy from Waste (EFW) Advisory Committee (EFWAC) is established to provide a forum for the transfer of information between the facility design, build, operate (DBO) contractor, various stakeholders including The Regional Municipality of Durham (Durham) and The Regional Municipality of York (York) and the public during three distinct phases of the projects: design, construction and operation of the plant. Mandate Pursuant to Condition 8 of the Minister of:the Environment's (Minister) Notice of Approval, the purpose of the EFWAC is to ensure that concerns about the design, construction and operation of the undertaking are considered and mitigation measures are implemented where appropriate. Additionally, EFWAC will discuss any other related strategic waste diversion and management issues. Scope of Activities The issues that. the EFWAC may discuss and address information relevant to the Durham and York's (Regions) EFW facility include: a) Compliance Monitoring Program required by Condition 4; b) Annual Compliance Report required by Condition 5; c) Complaint Protocol required by Condition 6; d) Community Communications Plan required by Condition 7; e) The, Annual Reports required by Condition 10; f) Ambient Air Monitoring and Reporting Plan required by Condition 11; g) Air Emissions Monitoring Plan required by Condition 12; h) Written report prepared and signed by the qualified professional required by Condition 16.5; i) Spill Contingency and Emergency Response Plan required by Condition 17; j) Odour Management and Mitigation Plan and the Odour Management and Mitigation Monitoring Reports required by Condition 18; k) Noise Monitoring and Reporting Plan required by Condition 19; I) Groundwater and Surface Water Monitoring Plan, the results of the groundwater and surface water monitoring. program, the annual report on the results of the groundwater and surface water monitoring program required by Condition 20; 3. Membership and Code of Conduct 3.1 Membership As per Conditions 8.3, 8.4, 8.5, the Minister has mandated`that the Regions invite the following to participate. on the Committee. The EFWAC shall be comprised of one representative from: each of the following: a) Each of the lower tier municipalities.'in`the Regional Municipality of Durham b) Each of the lower tier municipalities.in the -'Regional Municipality of York c) A staff member each from the Municipalities of Durham and York Regions d) Central Lake Ontario Conservation Authority e) DurhamCLEAR Staff representative;from the Ministry of the Environment 3.3 Code of Conduct In accordance with Condition 8.10, Committee members, guests and the facilitator shall:' • Strive to attend all meetings (excluding guests). • Declare any situation which is, or has the potential to be, a conflict of interest before agenda items are presented. • Carry out their functions with integrity, and act in the best interests of the mandate and the Minister's Conditions. crvvAL; urarr terms of Keterence (2011.01.10) Page 2 of 7 3.4 C'! • Act responsibly and fairly with the care, diligence and prudence of a reasonable individual. • Respect all viewpoints and follow rules of decorum. • Ensure opinions expressed outside the Committee represent personal viewpoints versus those.of the Committee. • Not use any information provided to the Committee for personal gain. Call for Membership A letter will be sent to the Directors in each of the.lowertier Durham and York inviting them to select a member `and a n; their seat. The non - government agencies will. :also be sent'l respective Administrator advising them of their seats as pa Committee. Expectations of Committee Member. Durham and York acknowledge,that mem constitute support for the approved':: under Members are expected to: municipalities in alternate to represent etters to the rticipants on the on the Committee does not • Participate voluntarily. • Adhere to the codeof conduct (Section 3.3). • Provide advice that is;reflective 6f,-'the views of the organization and /or the community'to vifhfch'they belong; members may actively solicit the ,,,:,,viewpoints of their organ izatfon''or community. Up purpose. Become familiar with'what is in the approved Final Residual Waste Study Environmental Assessment Report and the Minister's Conditions. • Make presentations if /where required. In the assurance of the Minister's Conditions, the Committee shall: Review the implementation of the undertaking and provide advice to help ensure that the commitments made by the proponents in the approved Environmental Assessment are being met. Not be used as a venue for review of the decisions associated with the approved undertaking. Not be an approval body or steering committee. EFWAC Draft Terms of Reference (2011.01.10) Page 3 of 7 Not be a forum to solicit data or information on matters outside the mandate of the Committee. 5. Expectation of the Facilitator /Roles In contrast to the previous Energy from Waste Site Liaison Committee established for the Environmental Assessment, the new Committee meetings will be lead by a facilitator instead of a Chair, to ensure they are efficient and effective. The facilitator will be appointed by Durham and'York and can be removed or replaced only by the Regions. The facilitator is expected to: • Provide guidance and support to the committee insetting meeting agendas and determining the frequency of, meetings'.,,' • Manage the meetings and adherence:to protocols. • Ensure the committee adheresto�the mandate and that discussions are focused and in- scope. • Moderate the discussion to ensure a bal' need and inclusive exchange of ideas. • Encourage advice and .feedback from all ri embers. • There will be a no tolerance rule"for members"who make it difficult for others to have.,their opinions heard. • Support and guide the Committee in determining options for managing disruptions to meetings. • Call the meeting to a close if meeting etiquette can not be maintained. • Periodically review and evaluate the membership. Membership will be evaluated based on the ability of members to carry out advisory duties, attendance and whether the current membership continues to meet the needs and :requirement of fulfilling the Committee mandate and the Minister's Conditions 6. Expectation of the"', Project Team (DBO contractor and Durham and York project team staff) • Appoint'a senior team member(s) to be a regular resource person at Committee meetings to provide project updates and respond to Committee questions and comments. • Appoint a facilitator to ensure guidance, support and to maintain constructive meetings. EFWAC Draft Terms of Reference (2011.01.10) Page 4 of 7 Appoint a staff liaison to the EFWAC to provide administrative, procedural and technical support to the EFWAC. Durham liaison will be responsible for minutes, agendas, uploading meeting minutes, coordinating flow of information and other information which is deemed important to the project website • Coordinate the attendance of other specialists as required to address specific issues or reports. Upon request, the representatives of the DBO Contractor and governmental / regulatory bodies shall ensure that all studies and other information relevant to the EFWAC's mandate are made available to the EFWAC. • As per Condition 8.2 d) and Condition 5, the project team shall prepare an annual report summarizing the activities 'completed by the EFWAC. 7. Alternates and Resignations Alternates can be replaced by the member's organization at any time.,,; If a member's alternate is present at a meeting at the same time as the member, the alternate will be an observer and not have speaking rights. If an alternate is present at the meeting representing; the member, the alternate will be assumed to be speaking on:.behalf of the member. Resignations shallbe given in writing'to the facilitator. 8. Protocol for Disseminating and Review of Information 8.1 Meetings As' per Section 8.9 of'tle °Minister's Conditions, the initial meeting is to take place within three months of the date of Environmental Assessment approval, on or `about February 19,'2011. Meetings should be held more frequently through the design and construction stages. • The. EFWAC shall meet annually at a minimum, with one meeting scheduled after the DBO emissions and compliance reports have been released and reviewed by members. The EFWAC will establish a meeting schedule at its inaugural meeting. The EFWAC shall provide Durham and York with a meeting schedule once times and dates have been established. Meetings will take place during business hours, Monday to Friday from 8:30 a.m. to 4:30 p.m. Meeting dates must be determined such that they are synchronized with other committees. EFWAC Draft Terms of Reference (2011.01. 10) Page 5 of 7 • The meeting location may be subject to change once the EFW facility is operational and providing space is available. • All meetings will be closed to the public. Only members, alternates, invited representatives, and guests making presentations may attend meetings. • Meetings will follow a format of: review of comments from previous meeting, presentation, comments and questions. 8.2 Minutes • Minutes will be taken for each meeting. , • Previous minutes will be circulated and reviewed prior. to, the subsequent meeting. • Minutes will be approved at the, subsequent meeting. • Once the minutes have been rev' eviewed and approved by the Committee, they should be forwarded posted on, the project website. Final versions of other Committee materials will also be posted on the project website, within two weeks. • Issues requiring follow-up-will be addressed afthe next meeting. 8.3 Agendas • Final agendas will be circulated prior to the meetings. • Agendas�will be prepared for all meetings. • Agendas will include a prescribed duration for discussion of items. •`` Final agendas Will be posted on the project website. 8.4 Presentations and"Discussions at Meetings • A`'quorum is ,not necessary for meetings to proceed. • Significant reports and documents tabled for discussion at meetings will include'a'presentation by the DBO Contractor or designate • Each meeting will include an agenda item for review of community feedback, concerns and complaints and complaint resolution. • Where there is a need for further review and /or comment on reports or documents, members will be asked to provide comments two weeks prior the next meeting so that the DBO contractor or designate will have the opportunity to review and respond at the next meeting. EFWAC Draft Terms of Reference (2011.01. 10) Page 6 of 7 • The Committee will review member suggestions for invited guests who might make a presentation on a topic that is in keeping with the Committee mandate and the Minister's Conditions. • Presentations should be vetted to the facilitator prior to the meeting two weeks in advance. • One presentation should be included per meeting, limited to 15 minutes. • The Committee facilitator will inform members of all requests for presentations during regular meetings. • The facilitator will provide members or guests, making presentations with advice, guidance and constructive suggestions on presentation content and materials. 9. EFWAC Dissolution The Committee can be dissolved at anytime by the members in recognition that there is no need to continue, having.fulfilled .the Minister's Conditions or upon the decommissioning of the facility. EFWAC Draft Terms of Reference (2011.01.10) Page 7 of 7 Attachment 4 To Report PSD- 011 -11 Resolution #C- 036 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT David Crome, Director of Planning Services, be appointed as the Municipality's alternate member on the Energy from Waste (EFW) Advisory Committee. "CARRIED" Attachment 5 To Report PSD- 011 -11 0 Encigizing Ontario January 24, 2011 Lyndsay Waller, Facilitator Energy from Waste Advisory Committee (EFWAC) Regional Municipality of Durham 605 Rossland Rd. East Whitby, ON L1 N 6A3 Dear Ms. Waller: RE: ASSIGNMENTS FROM JAN 20, 2011 EFWAC REGARDING DRAFT COMPLAINT PROTOCOL FILE NO.: PLN 33.3.10 Please accept the following remarks in response to your request for comments by January 28, 2011 on the draft Complaint Protocol. Comments on the Draft Terms of Reference will be provided to you next week. Draft Complaint Protocol Introduction: "6.3 The proponent shall submit the Complaint Protocol to the Director within one year from the date of approval or a minimum of 60 days prior to the start of construction, whichever is earlier." We are being asked for comments on the draft Complaint Protocol and no schedule was presented for the overall project at the meeting, the EFWAC was informed that the draft complaint protocol had to be submitted as part of the initial C of A submission which was going forward at the end of January. As such this document is still draft and will continue to be until the appropriate software is purchased, customized and tested. Can the Project Team comment on how complaints will be handled in the interim? Also, once the software is acquired and up and running it would be beneficial to revisit this protocol with the EFWAC with an accompanying demonstration of the software. Appendix A — It would be worthwhile to include a box for 'Referral from ", and then the name of the referral agency /individual. Yours truly, aye Lang id Manager of Special Projects FL:sn cc: Mayor and Members of Council Franklin Wu, CAO Tony Cannella, Director of Engineering Services Fred Horvath, Director of Operations David J. Crome, Director of Planning Services SUMMARY OF BY -LAWS January 31, 2011 BY -LAWS 2011 -009 Being a by -law to amend By -law 2007 =227, the Municipality's Procedural By -law (Approved by Council January 17, 2011) 2011 -010 Being a by -law to amend Sign By -law 2009 -123, as amended of the Municipality of Clarington (Item 2 of Report #1) 2011 -011 Being a By -law to govern the sale and other disposition of surplus municipal land (Item 3 of Report #1) 2011 -012 Being a by -law to stop up, close and authorize the conveyance of a road allowance (Item 13 of Report #1) 2011 -013 Being a by -law to repeal By -law 2004 -229, being a by -law to . establish the composition of the Clarington Public Library Board (Item 18(a) of Report #1) • c'1W 1� MEMO (iLeading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L Barrie, Municipal Clerk Date: January 28, 2011 Subject: COUNCIL AGENDA — JANUARY 31, 2011 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 9 Joanne Geisberger, Secretary, Board of Trustees, Zion United Church, advising of the closure of the Church located at 5165 Enfield Road and requesting whether the municipality would be interested in buying the property for use as a community centre, (Motion to refer correspondence to the Director of Planning Services) D- 10 Susan Edwards, Area Coordinator, Heart and Stroke Foundation of Ontario, requesting that the month of February be proclaimed "Heart Month ". The Heart and Stroke Foundation's annual door -to -door fundraising campaign takes place in February each year when thousands of people across the country participate in the Foundation's largest fundraising initiative by helping to make a difference in the lives of others. (Motion to Proclaim) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905 - 623 -6546 CLERK'S DEPARTMENT MEMO COMMITTEE REPORT PAGE 2 1. Staff res ectfully request that Item 18(e) of Report #1 be pulled and that Durham FFedduon of Agriculture Member Mary Ann Found (Tim Sargent, Alternate) be to e list of individuals being appointed to the Agricultural Advisory e of Clarington. Patti L. Barrie, CMO Municipal Clerk PLBIcf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS January 31, 2011 a) Dave Sebben -- Solar Panel Installation (Correspondence Item I - 7) b) Jim Richards — Energy From Waste Advisory Committee (Item 16 of Report #1 and Staff Report #1) G) Kerry Meydam - Energy From Waste Advisory Committee (Item 16 of Report #1 and Staff Report #1) d) Kerry Meydam — Host Community Agreement (Correspondence Item D — 7) e) Jim Richards - Host Community Agreement (Correspondence Item D -- 7) f) Doug Anderson - Energy From Waste Advisory Committee (Item 16 of Report #1 and Staff Report #1) g) Doug Anderson - Host Community Agreement (Correspondence Item D — 7) h) Wendy Bracken - Host Community Agreement (Correspondence Item D — 7) i) Paul -Andre Larose - Host Community Agreement (Correspondence Item D — 7) j) Joanne Geisberger, Margaret Stainton and Maurice Wicks -- Sale of Zion United Church (Correspondence Item D - 9) k) Pam Callus - Host Community Agreement (Correspondence Item D -- 7) 1) Ian Soutter - Host Community Agreement (Correspondence Item D — 7) HANDOUTS /CIRCULATIONS COUNCIL Xv PI ' fit� 1- ?A10. l; # NOR", 0 'iii :�t� e ; 11• � w `� SriI 0 -ate f v s & s Pw , Ir � ^ --' � �.~ i ,,, r �,1 � +� ; � ��;. _.. a � .. .._��: {� j _ ►�'�,«� -� +iii, %` . ,,�:� aw P Fe. t �41�''� �� y -���� { .ss 2 .•. . q sir" M ,ems' t Al� . / 3 q'! ` • � -! e ►, - � °`_fir �. ,� r i i Incineration Host Community Agreement and Ministerial Notice of A royal Paul -Andre Larose, Ph.D. /Physics A Presentation to Clarington Municipal Council Monday 2011/01/31 Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Introduction The Focus of the Accord as Illustrated by *the Host Community Agreement What Region Expects from Clarington ♦ Excerpts from the Ministerial Notice of Approval What Province Expects from the Region By Extension, what it Expects from Clarington The Duties of Clarington Council Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Thouaht of the Da One Can Avoid Junk Food, but One Cannot Avoid Junk Air Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Main Thread Incineration is Bad, Bad, Bad: ♦Bad in Term of Concept e.g. Pseudo -Risk Analysis ♦ Bad in Term of Plant Design e.g. Lack of Redundancies ♦ Bad in Term of Monitoring e.g. Pro - Activity HCA and MNA are Formally Sanctioning This Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Background Presentation to Clarington Council *2010/01/25 - ( #31) *Gross Under - Estimations of the Health Impact It is what you are NOT told that IS going to harm you Mostly Long -Term Effects ... Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History #1 Concept: Pseudo -Risk Analysi0 s Exposures from Best Case that can be Expected ♦ 100% Reliability of System, Process and People A True R.A. should be based on the Worst Case ♦ E.g. DNGS, Car. Here We Have ... • Over - Estimates for Process Reliability • Consequent Under - Estimates for Exposures Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History #2 Plant Design: Concerns Then (and since) ... *Component Failure Rate ♦ Redundancies ♦Outage Duration ♦ Exposures Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History #2 Plant Design: Concerns(Cont'd Then (and since) ... *Component Failure Rate: Not Discussed ♦Redundancies: *Outage Duration: ♦Exposures: None Considered None Considered "Body Burden ": 100% Population Affected • Totally Ignored Risk of Catastrophic Illnesses • Deemed "Acceptable" (as per R.M.O.!) Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History #3 Mon'itor'in Health Protection Retro- Active ♦Not Pro - Active *Not Preventative In Nature *Backward Looking, not Forward Looking ♦ No Provision for Emergency Evacuation HCA and MNA are of Little Use in this Regards ♦Basically for After - The -Fact Punitive Actions *Legal Understandings Only Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Possible Outcome from Moni'tor'in News flash! News flash! News flash! News flash! The Region of Durham Wants to Advise its Residents that the Air that they have Inhaled Five (5) Weeks ago has been found to Contain an Unacceptably High Level of Dioxins. We Apologize for the Inconvenience! Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Host Community Agreement 3.1 - Contractual Focus, NOT Health Oriented. 3.2 - M.A.C.T.. ♦ Do What Is Possible, not What Is Required 3.3 -Where technologically feasible ... • If not Feasible, we do not Measure it ♦Note: Ignoring it will not Make the Issue Go Away. 3.3 - Monitoring Ambient Air for 3 Years *After 3 years, the Issue is Ignored. *Any Other Plant does Continued Sampling (DNGS). Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History H.C.A. (Cont'd) 7.1.EFW Waste to be Consistent with E.A. *Pray Tell: How? 7.2 I.C.I. waste -This is a Surprise! ♦First, we had Harmless "Water Vapor" Emissions, ♦ then a "Made in Durham" Solution where Ashes are Exported to N.Y. State, now we have "I.C.I." that was NOT supposed to be part of the mix. 7.4 Toronto Waste - Comment Unnecessary! Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History H.C.A. (Cont'd) 13.1 Clarington Shall Not Oppose Development and Operation of E.F.W. ♦Engineering /Operational Focus *The Health Focus is Completely Absent Clarington Council must see this -for "What It Is ": An Agreement Between Parties ... *for Contractual Matters, ♦not for Public Health Concerns. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ministerial Notice Has the Minister been Misled? Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ministerial Notice (Contd Reasons (4) "No Other Alternative was Identified" ♦ It should say "No Other Alternative was Examined" (5) "Environmental effects ... can be prevented, changed, mitigated or remedied" ♦This Statement is NOT Consistent with Reality (7) Commitments will address Concerns ♦IMPOSSIBLE and INCONSISTENT WITH FACTS Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ministerial Notice (Cont'd Emphasis ♦ on "Performance Reporting" i.e. After - The -Fact "Plans ", ♦ not on "Compliance Ensuring" i.e. Before - The -Facts Actions Ex.: Financial Reporting *Historical Data vs Preventative Measures Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ministerial Notice (Cont'd 13.2 "Schedule 1 ... but does NOT include Start- Up, Shut -down or Malfunction' Frequency /Duration of "Malfunction" not Stated. ♦ What This Means:.. . An Operator Could Operate Under A "Malfunction" Mode 99.9% of the Time and still Satisfy the Intent of the Minister. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ministerial Notice (Cont'd 21.3 All Incoming Waste will be Inspected ... *Pray Tell: How? *This is Impossible Unless All Waste is Taken Apart Before Being Dumped in "The Pit ". ♦AMacro - Inspection will NOT Detect Hazardous Waste in Domestic Garbage. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshe.d, Landfill, Taxes, History E.C.O. Said that.E.A. Process is "Broken" *Annual Report Entitled: "The Right to Say Know" What is An E.A.? ♦ E.A.: Meant to Mean "Environmental Assessment" ♦ EE Actually Stands for "Expedited Approval" We Have a Fine Illustration With This Project. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History The Philosopher A truism that could very well apply here... WHY DOES IT SEEM AS IF MOST OF THE DECISION5 ARE MADE BY DRUNKEN LEMURS? 1 { t� DECISION5 ARE w MADE BY PEOPLE FIXING THE WHO HAVE TIME, PROBLEMS NOT PEOPLE WHO MADE BY HAVE TALENT. s i E L yOy W F C Scott Adams, IncIDist. by UFS, Inc. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History THEY RE WHY ARE FIXING THE TALENTED PROBLEMS PEOPLE MADE BY 50 BUSY? PEOPLE WHO HAVE TIME. Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Conclusion This Council has two Obligations towards Clarington ... ♦Legally ♦Morally even if Durham Council Feels that It Does NOT. It must Demonstrate the Fortitude NOT to be intimidated or blackmailed into "Tacit Irrelevance ". Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History End Thank You Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Pseudo -Risk Analysis (Details R.A. Normally Done Using Worst Case ♦But Not Here ... Exposures from Best Case that can be Expected ♦ 100% Reliability of System, Process and People This Is Not Risk, but Best Possible Exposure In Short, We Have ♦Over - Estimates for Process Reliability ♦Consequent Under - Estimates for Exposure Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Pseudo -Risk Analysis (Details Risk Analysis Based on 3 x 100% ♦ 100% Systems Availability 100% Functional, 100% of the Time ♦ 100% Operator Vigilance No Human Error ♦ 100% Expectations Complied With Toxic Material Removed Prior to Incineration Is This Realistic? Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Ignored Issues Probability of major equipment systems failure Likely Duration of Event /Outage Expected Emission Levels during Event System Upset vs System Failure Resultant Exposure to the Population Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History Similar Issues'. From the "Globe and Mail" Friday 2011/01/28 "Any day now [Quebec] Premier Jean Charest will announce whether he will subsidize the re- opening and expansion of an asbestos mine in Quebec aimed specifically at increasing deadly asbestos exports to Asia, South America and Africa. If this scandalous venture goes ahead, it will, as sure as you are reading these words, lead directly to the deaths of workers in countries that will be using it." Incineration Affects H.E.A.L.T.H.: Hormones, Embryo, Airshed, Landfill, Taxes, History