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HomeMy WebLinkAbout02/14/2011Clarin n Ener izin Ontario 8 g DATE: MONDAY, FEBRUARY 14, 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 regular meeting of Council held January 31, 2011 PRESENTATIONS a) Rick Lea, Executive Director, Durham Region Local Training Board - Local Labour Market Plan for Durham Region DELEGATIONS (List as of Time of Publication) a) Libby Racansky — Clarington Strategic Plan (Correspondence Item D - 5) b) Tony Wood — Municipal Advertising Policy (Correspondence Item I - 12) C) Gord Lee, on behalf of Foster Creek Residents - Report ESD -003 -11 — Newcastle Fire Hall #2 — Relocation and Construction (Item 1(b) of Report #1) COMMUNICATIONS Receive for Information 1- 1 Minutes of the Central Lake Ontario Conservation Authority dated January 18, 2011 1 - 2 Scott Lewis, Communications Manager, Canada Post Corporation — Rural Mail Safety Review — Orono CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - February 14, 2011 1 - 3 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO, A Division of Metrolinx— Notice of Completion of Environmental Project Report — Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility 1 - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Nomination/Reaffirmation of Municipal Representatives on Drinking Water Source Protection Committees 1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Polybutylene Water Service Connections in the Regional Municipality of Durham and Update on Remediation 1 - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Trail Co-Ordinating Committee (DTCC) Membership Appointments 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Environmental Bill of Rights Registry Number 011-0597 Proposed Environmental Noise Guideline — Noise Assessment Criteria for Stationary Noise Sources and for Land Use Planning 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Quarterly Report on Planning Activities (October 1, 2010 — December 31, 2010) 1 - 9 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Office of the Regional Chair & Chief Administrative Officer, Regional Municipality of Durham - Region's Accessibility Report and Plan 2010-2011 1 - 10 K. R. (Bob) Malcolmson, C.E.O. & General Manager, and Cris Douglas, President, Greater Oshawa Chamber of Commerce — Highway 407 East Extension 1 - 11 Ministry of Agriculture, Food and Rural Affairs News Release - Rural Connections Broadband Program 1 - 12 Tony Wood - Municipal Advertising Policy 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Shared Communications Platform 1 - 14 Sally Thurlow— Energy From Waste Facility— Clarington Residents Need Transparency 1 - 15 Jayme Harper, Vice President, PFLAG Canada Regional Director— Ontario R4 —"An Evening of Hollywood Glamour" Fundraising Event Council Agenda - 3 - Receive for Direction February 14, 2011 D - 1 Jeff Goldman, President and Donna Donaldson, Executive Officer, Durham Region Home Builders' Association — Request for Proclamation of "New Homes Month" D-2 Donna McAllister, Co- Chair, PFLAG Canada Durham Region — Request for Proclamation of "International Day Against Homophobia/Transphobia" D - 3 Sharon Ennis — "Gabby's Gift" —Walk for Spina Bifida D-4 Clinton Shane Ekdahl — Request for Proclamation of "Day of the Honey Bee" D - 5 Libby Racansky - Clarington Strategic Plan D - 6 Linda Motschenbacher — Request for Extension to Building Permit D-7 Susan Dickison, Communications Co- ordinator, Durham Region Transit — Appointments to the Durham Region Transit Advisory Committee D - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - GO Transit Rail Service Extension to Bowmanville and Construction of a Rail Equipment Maintenance Facility in Whitby D - 9 Blair Labelle, Manager, Legislative Services /Deputy Clerk, Town of Ajax — Community Adjustment Fund Deadline COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of February 7, 2011 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT Clari��ton Leading the N'ay Council Meeting Minutes JANUARY 31, 2011 Minutes of a regular meeting of Council held on January 31, 2011 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. 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 Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:52 p.m. Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Manager of Development Review, C. Pellarin Communications Coordinator, J. Stycuk, attended until 8:16 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services /Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Foster indicated that he would be stating a pecuniary interest with respect to Item 14 of Report #1. Later in the meeting, Councillor Neal stated a pecuniary interest with respect to the delegation of Mario Veltri. Council Meeting Minutes - 2 - January 31, 2011 ANNOUNCEMENTS Councillor Hooper announced the following: • Leisa Way will be performing "The Rhinestone Cowgirl - A Tribute to Dolly Parton" at the Clarington Older Adult Association on February 2, 2011 Tickets are $10 per person. • On Tuesday, February 15, 2011, the Clarington Older Adult Association will be hosting a "Flippn' Flap Jacks" Lunch with Murder Mystery Play. Tickets are $8.05 for members and $11.40 for non - members. • On Saturday, February 12, 2011, a Sweetheart Dance Fundraiser in support of the Bowmanville Hospital Emergency Room will be held at the Garnet B. Rickard Recreation Complex. Tickets are $60 per person and include a buffet dinner, door prizes and silent auction. • On February 19, 2011, the Clarington Project will host its 4 "' Annual Polar Chilli Golf Classic. Tickets are $30 per golfer and include chilli lunch supplied by local restaurants and judging for best chilli. Councillor Woo announced the following: On Friday, January 28, 2011, he attended a reception at the Consulate General of People's Republic of China to bring greetings from the Region of Durham and the Municipality of Clarington. Councillor Woo indicated that the lunar Chinese New Year of Rabbit starts on February 3, 2011. On January 26, 2011, the public alerting system was installed which will provide notification to residents within a 3 km radius of the Darlington Nuclear Generating Station in the unlikely event of a nuclear emergency. On February 6, 2011, the Association of Hospital Volunteers will be hosting their annual "A Taste of Italy" Dinner and Auction. Councillor Partner announced the following: She attended the Newcastle and District Chamber of Commerce Annual General Meeting on January 25, 2011. Mayor Foster presented "Clarington Looking Back Ten Years and to the Future ". The next morning Mayor Foster gave the same presentation to the Clarington Men's East Breakfast meeting. Councillor Partner issued a reminder to residents, in view of the impending snowstorm, to keep their vehicles off the street to allow snow clearing operations to proceed. Councillor Neal announced that he attended a meeting hosted by the Durham Regional Police Youth Officers at the M.J. Hobbs Elementary School to discuss youth issues. Council Meeting Minutes - 3 - January 31, 2011 Mayor Foster announced the following: • On Saturday, he attended the opening of the Thomas Baillie Hair Design on Regional Road 57. • He attended a Clarington Board of Trade meeting this morning where Ontario's Progressive Conservative Leader Tim Hudak met with members of the Board of Trade. • Mayor Foster expressed appreciation to Ontario Power Generation for the Plant Tour at OPG last Thursday. • On February 1, 2011, Bobby C's will be hosting the "Boob Tour ", in support of mammography at Bowmanville Hospital. • Mayor Foster congratulated Kristen Worboy on winning a Gold Medal in the Special Olympics Ontario Winter Games for the giant slalom event. Resolution #C- 040 -10 Moved by Councillor Woo, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow for the introduction of a motion respecting delegations. "CARRIED" Resolution #C- 041 -10 Moved by Councillor Woo, seconded by Councillor Traill THAT the delegations be permitted to address Council for a maximum of 10 minutes. "CARRIED" Resolution #C- 042 -10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Mario Veltri be added to the list of delegations to speak to Correspondence Item I — 7 - Solar Panel Installation. "CARRIED" Council Meeting Minutes - 4 - January 31, 2011 Resolution #C- 043 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held on January 17, 2011, be approved. "CARRIED" Resolution #C -044 -11 Moved by Councillor Partner, seconded by Councillor Woo THAT the minutes of a special meeting of Council held on January 17, 2011, be approved. "CARRIED" Mayor Foster presented a Certificate of Recognition and Appreciation to Mary Tillcock, Organizer, Bowmanville Terry Fox Run. Mayor Foster acknowledged Ms. Tillcock's involvement in the annual run which has raised over $1 million. Mayor Foster presented a Certificate of Recognition and Appreciation to Tom Barrie, "Soybean King ", in recognition of Terwidlen Farm's winning of the Grain Farmers of Ontario 2010 Soybean Yield Challenge Zone 2 — 74.15 Bushels per Acre. Also being recognized were Steve Barrie and Glenn Barrie, Terwidlen Farms. Mayor Foster acknowledged that the yield was significantly higher than last year. Roger Anderson, Regional Chair, Regional Municipality of Durham, addressed Council to present his Annual Report to Clarington. Mr. Anderson stated this year Clarington is the first of his annual updates to local area Councils and that he appreciates the opportunity to review last year's key achievements and to outline the major tasks facing Durham in 2011. Mr. Anderson stated that in 2010, the Region completed some major projects and received long- awaited provincial decisions on key items. He noted Regional Council was buoyed by the confirmation of nuclear refurbishment and two new reactors at Darlington but were shocked by the Province's announcement for a much shorter Highway 407 extension. Mr. Anderson noted that Regional spending was constrained due to the recession with rising social assistance caseloads and declining tax and Development Charge revenues. He stated that stimulus funding from the federal and provincial governments enabled the Region to undertake valuable infrastructure projects such as road and bridge rehabilitation, water plant upgrades, an acceleration of the Region's program to replace leaking polybutylene water service connections, Council Meeting Minutes - 5 - January 31, 2011 and retrofits to the Region's social housing stock that would not have otherwise been done in 2010. Mr. Anderson highlighted the following Regional infrastructure investments completed in Clarington in 2010: • The Courtice Road Bridge valued at $2.8 million • 2.1 million for rehabilitation of segments of Highway 2 and Regional Roads 14 and 57 (7.1 km in total) • $91,000 in traffic control improvements at 3 locations in Clarington and • $250,000 of preparatory work for the replacement of the Main Street culvert at the Orono Creek Looking ahead Mr. Anderson reviewed the following projects: • The .expansion of the Port Darlington Water Pollution Control Plant, a $50 million project to double the capacity of the plant and address development pressures. He noted the EA is complete, design is underway with construction expected to begin in 2012 for completion in 2013. • Preliminary studies for expansions of the water and sewer plants in Newcastle Village will begin in 2011. • Subject to budget approval, the Region plans to spend $1.9 million on rehabilitation for sections of Regional Roads 4, 9 and 57, and $425,000 for new and rebuilt traffic signals and lights. • Planning and EA work for the Clarington Police station is slated for 2011, with construction to begin in 2012. Mr. Anderson stated that transit is a growing and vital component of the Region's transportation network and that ridership has increased 31 % in the five years since Durham Transit was formed. The Region's Long -Term Transit Strategy was finalized last spring and the Region has applied for federal and provincial transit funding. He noted a rapid transit office was created to manage Phase 1 of the Highway 2 BRT project now underway with funding from Metrolinx. Mr. Anderson reviewed several long- awaited provincial decisions announced last year affecting the Region including the following: The approval of the EA for the Highway 407 East extension to Highway 35/115. Mr. Anderson expressed concern with the Province's failure to live up to its commitment to complete the project all the way to Highway 35/115 by 2013 noting the huge impact on the Region, and in particular for Oshawa and Clarington. Mr. Anderson advised dialogue continues with the Province, Ministers, staff and elected representatives to find a better solution. Council Meeting Minutes - 6 - January 31, 2011 • The Minister of Municipal Affairs and Housing's decision on the Region's Official Plan Amendment #128, in which several aspects of the amendment were not approved. Mr. Anderson stated the decision has been appealed to the Ontario Municipal Board but it is hoped that an agreement can be reached with the Province saving time and expense of a hearing. • The Ministry of the Environment approved the Environmental Assessment for the proposed Energy from Waste facility and the Region can now proceed with the next steps. • The Ministry of Research and Innovation approved the proposal by the Durham Strategic Energy Alliance and Northumberland County to develop a Research Innovation Centre — Innovation Durham - Northumberland (IDN) to promote innovation and collaboration and provide access to resources and funding not previously available to area businesses. Mr. Anderson stated the importance of partnerships and highlighted initiatives the Region has undertaken in partnership with various stakeholders including: The Durham Region Roundtable on Climate Change worked with community stakeholders to prepare a local climate change action plan. The Region is applying to FCM for funding to launch this initiative. Working with Conservation Authorities and source protection committees to protect municipal drinking water sources. In June 2010, the Region and partners held a very successful Accessibility Forum. A key focus was to assist the business community in understanding the accessibility legislation and to find ways to make their services accessible. In 2011, the Region will continue to train staff and implement new provincial standards for accessibility of information, communication and employment practices. The Region and the Local Diversity and Immigration Partnership Council (LDIPC) launched the Durham Community Immigration Portal which provides education and job information in multiple languages to newcomers about the Region. Two Federally- funded welcome Centres will open in Ajax and Pickering in 2011. Mr. Anderson stated that economic recovery was a big concern in 2010 but that positive signs are emerging in Durham Region with workers being called back to General Motors in Oshawa, Building permits in the Oshawa CMA which includes Clarington are at their second highest level in history and that expansion of the Region's post- secondary institutions with new campuses and research facilities was a great boost. Mr. Anderson noted however, that the Region's Ontario Works cases have climbed to over $9,800 in 2010 and, based on past experience, it is expected the caseload will grow by about 3% in 2011 before it starts to decline. He stated in 2010 the Region's Economic Development and Tourism Department worked to strengthen the creative capacity that is making Durham a hotbed for energy and auto research and new technology development and workshops on sustainable manufacturing and the Prosperity Conference last November provided support to local businesses with current information, global perspectives and expert insights. Mr. Anderson advised Council Meeting Minutes - 7 - January 31, 2011 the Region has applied to the Rural Connections program for $3.2 million to expand and complete broadband network in rural areas to support local businesses, and that Durham Tourism renewed its Strategic Plan in 2010 and is now part of the Central Counties Regional Tourism Group which offers the Region access to joint funding and marketing opportunities. Mr. Anderson also noted that the Region is participating in the EA and review process for both new nuclear development and refurbishment at the Darlington Nuclear Generating Station and will participate in the JRP hearings. Mr. Anderson summarized by stating although the new term of Council has just begun, already there are new challenges ahead. Mr. Anderson stated Regional and local Councils must focus on the future to create opportunities and to do their best to ensure positive results for the community. Mr. Anderson hopes that the Region and Clarington can work together to achieve this. Resolution #C- 045 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the Rules of Procedure be suspended to allow Members of Council to question Chairman Anderson more than once. "MOTION LOST" DELEGATIONS Dave Sebben addressed Council concerning Correspondence Item I — 7 - Solar Panel Installation expressing concern with the proposed use of the property at the corner of South Simpson Avenue and Baseline Road. Mr. Sebben advised area residents had been reassured on many occasions by the Central Lake Ontario Conservation Authority that the green space would never be developed due to the flood plain designation. He noted that in 2010 the property was purchased and is now proposed to be used as a solar farm. Through use of a PowerPoint presentation, Mr. Sebben showed pictures of the layout and surrounding property and outlined health and safety, traffic, noise and environmental concerns regarding this use as well as the impact on property values. He emphasized that he is not opposed to the concept of solar energy but feels this location is not a good fit. Mr. Sebben stated there does not appear to be any significant studies on the long -term effects of solar energy on the health of people living in close proximity to them and that the lack of research and scientific uncertainty of these effects is a major concern. Mr. Sebben stated residents would prefer that this property be left in its present state. He referenced Report PSD- 078 -10 in particular Council's ability to support/oppose a project to the Ministry of Infrastructure and to express to the proponent their support or opposition to a project. Mr. Sebben respectfully requested that if the application receives a contract from the OPA and progresses to the REA stage, that Council take the residents' concerns and objections into consideration. Mr. Sebben submitted a petition objecting to the location and urging leaders to act now to end the proposal before it gets formal approval from the Provincial Power Authority. Council Meeting Minutes - 8 - January 31, 2011 Jim Richards addressed Council concerning Item 16 of Report #1 and Staff Report #1 - Energy From Waste Advisory Committee. Mr. Richards expressed concern that the new Committee is politically driven but designed for no political responsibility and that the Regions of Durham and York have interpreted the Directive from the Minister of the Environment to suit their own purposes. Mr. Richards feels the Committee is not a public committee at all as there are only three members representing the public and approximately twenty representatives of various municipalities and the two Regions. He also expressed concern that the Regions of Durham and York have appointed staff to sit on this Committee but as he understands the Minister's Directive the intention was for elected officials to be appointed, with staff members as alternates. Mr. Richards indicated that only one meeting has been held, and with the Regions establishing the Terms of Reference in advance to suit their own purposes - that being to appear to be abiding by the Minister's Directive — he feels that the new EFW Advisory Committee is doomed to fail. Mr. Richards urged Council to insist that those who sit on the Committee representing the various municipalities and the two Regions be elected members to ensure public accountability, that the meetings be open to the public and the media and be held in the evenings to allow delegates and their alternatives to fulfill their mandate, and that citizen representatives on the Committee receive compensation at least for mileage. Mr. Richards requested that his concerns be forwarded to Regional Council. Kerry Meydam addressed Council concerning Item 16 of Report #1 and Staff Report #1 - Energy From Waste Advisory Committee. Ms. Meydam indicated that Report PSD- 011 -11 has addressed many of her concerns on the Energy From Waste Advisory Committee and that she concurs with Attachment #2 being sent to the Facilitator. She did however, express concern that the attachment indicated that the Facilitator called all members of the Committee regarding the holding of meetings in York Region. She stated that neither she nor the other two public representatives were called regarding changing the meeting venue. Ms. Meydam stated the Minister of the Environment has recognized that there is a need for further consultation and transparency around the Certificate of Approval for the EFW project and has required the proponents to undertake additional public and stakeholder consultation before and during the application process. She expressed concern that the Project Team was planning to submit the draft Certificate of Approval application on or about January 31, 2011, without public or stakeholder consultations, with no notification of when there may be consultation during the process, or what format it may take. Ms. Meydam reminded Council that several key concerns raised by the public and the Ministry reviewers were not addressed in the EA but were deferred by the Minister to be addressed through Conditions of Approval or future approvals and stressed the importance of the public being notified of submissions or amendments to the Conditions of Approval before approvals are granted. Ms. Meydam urged Clarington to do a peer review of items in the Conditions of Approvals submission to help ensure public health and safety. Council Meeting Minutes - 9 - January 31, 2011 Ms. Meydam also expressed concern with the Region's interpretation of the Minister's conditions of approval surrounding the establishment of the Committee and the Draft Terms of Reference provided to the Committee. She questioned how the Committee can ensure concerns are addressed and any mitigation measures are implemented when the Committee has no approval authority and that the Project Team decides what goes forward to the Ministry of the Environment or the Regions. She also expressed concern with the reporting relationship of the Committee as presented by the Committee Facilitator as it is completely run by the Region. Kerry Meydam addressed Council concerning Correspondence Item D — 7 - Host Community Agreement (HCA). She reminded Council of the January 17`h Council resolution requesting clarification regarding the EA for the Durham and York Residual Waste Study and the Minister's approval. Ms. Meydam stated that this should not be perceived as a "threat" but rather part of the process contained in the Host Community Agreement. She indicated that direction to obtain a legal opinion is for further clarification and she is concerned that the Region has perceived these actions as a threat and refuses to discuss the terms of the HCA. She requested that Council engage an independent specialist in contract law for a second opinion as to risk and options for Clarington. Ms. Meydam expressed her concerns regarding the $46 million dollar figure, in particular, "How could it include the $15 million spent on consultants for the EA when the EA had to be performed whether the incinerator was approved or not ? ". She does not believe that Clarington should be "on the hook" for the consultant's fees. Ms. Meydam is also concerned whether at least part of the $30 million was caused by Chair Anderson signing the contract less than two weeks prior to the new Council taking office. Her final concern centres on the recovery of an additional $1 million in legal costs in addressing any termination of the HCA. Ms. Meydam stated that she believes that the claims are inflated for the purpose of scaring Clarington into backing down. She urged Council to continue to assess the risk and to not back down. Jim Richards addressed Council concerning Correspondence Item D — 7 - Host Community Agreement. He relayed to Council that it is the public's perception that the incinerator is a "done deal ". Mr. Richards reminded Council of the vote on the January 17, 2011 resolution concerning the HCA. He stated that he was not surprised that Councillor Novak opposed the resolution to investigate the legal aspects of the HCA, but that he was surprised and disappointed that Mayor Foster opposed the resolution. With regard to the Region's response, Mr. Richards urged Council to be even more adamant in their resolve to see this issue through. He stated that he did not believe that the majority of the previous Council conducted their "due diligence" and that they bargained away any recourse for the next 30 years. Mr. Richards implored Council to not allow the Region to dictate what is best for Clarington. He also urged Council to proceed with the second portion of the January 17- 2011 resolution to seek the opinions of the courts. Council Meeting Minutes -10- January 31, 2011 Doug Anderson addressed Council concerning Item 16 of Report #1 and Staff Report #1 - Energy From Waste Advisory Committee. Mr. Anderson thanked Council for supporting DurhamCLEAR's position that the public should be admitted to the Energy from Waste Advisory Committee (EFWAC) meetings and that the meetings should be held at hours appropriate for public participation. In addition, he thanked Council for forwarding a copy of Council's resolution to the Ministry. Mr. Anderson stated that it is even more urgent to appoint a political representative on the EFWAC. He stated that the Ministry was not required to provide a mandate for the EFWAC, but he feels that the fact that they did indicates that it is recognition by the Ministry that there are issues which did not get resolved in the EA. Mr. Anderson stated that he has confirmed this position, via emails and phone conversations with Ministry officials. He stated that he believes that the Region is determined to minimize the importance of the EFWAC and to stifle it. Mr. Anderson reminded Council that Section 8 of the Notice of Approval mandates that the EFWAC should have one representative from each of the lower tier municipalities. He stated that it should be political representatives, not employees. Mr. Anderson informed Council that the first meeting of EFWAC was not very productive as it did not agree to its terms of reference, did not decide on a complaint protocol and has not set up a schedule of meetings. Mr. Anderson stated that he has several concerns about the Region controlling the membership, the chair, the agendas and the minutes, which results in the EFWAC not being able to monitor the proponent. He urged Council to appoint politicians to the EFWAC. Mr. Anderson also asked that Council send a letter to all the municipalities involved, asking that their appointees be a representative from their Council, not employees. He stated that he was in favour of Report PSD- 011 -11 but made a correction to the fact that neither Kerry Meydam, Linda Gasser or himself were contacted, which was contrary to the statement in the report. Resolution #C- 046 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:40 p.m. Doug Anderson addressed Council concerning Correspondence Item D — 7 - Host Community Agreement. Mr. Anderson stated that the motion Council sent to the Region was a reasonable request and to ask for judicial review is part of the process. He expressed concern that the reply did not come from Regional Council but from the Regional Solicitor and feels that this is a case where senior staff are preempting Regional Council and that he feels that the Solicitor's opinion may not be shared by Regional Council. Mr. Anderson feels that the $46 million is ludicrous and that Clarington needs to stand its ground. Mr. Anderson stated the whole incinerator process was staff initiated from the beginning but now there are new councils that have to fight back. Council Meeting Minutes - 11 - January 31, 2011 Wendy Bracken addressed Council concerning Correspondence Item D — 7 - Host Community Agreement urging Council to continue their resolve in getting information regarding the legality of certain clauses in the Host Community Agreement and to continue their request to amend the Agreement to be consistent with the Ministry and more consistent of human health. Ms. Bracken stated she is before Council this evening speaking as a mother and she feels Council is mistaken if they don't think the stakes are high for children who are at the most risk for emissions. She requested that Council act wisely and without haste, and have the courage to do the right thing. Ms. Bracken urged Council not to cave into the Region as she feels what Council has requested is reasonable and absolutely necessary for Council to do their due diligence and act for Clarington. Mr. Bracken feels that the threat contained in the Regional Solicitor's letter is unwarranted and offensive. She feels that Council has a judiciary responsibility to put Clarington residents first and to find out if certain clauses in the Host Community Agreement are contrary to public policy and to engage an outside legal opinion on the legality of the Agreement. She reminded members of Council that most of the new Council ran for office on an anti - incinerator platform and to remember the people who elected them and who they serve. Paul -Andre Larose addressed Council concerning Correspondence Item D — 7 - Host Community Agreement. Through use of a PowerPoint presentation Dr. Larose highlighted how incineration affects H.E.A.L.T.H. — Hormones, Embryo, Airshed, Landfill, Taxes and History. He indicated that incineration is bad in terms of concept, bad in terms of plant design and bad in terms of monitoring. He stated that this is his 31St presentation to Council opposing the incinerator project . Dr. Larose advised there is a gross under - estimate of the health impact noting it is what people are not told that is going to harm them over the long -term. He expressed concern that risk analysis has been conducted based on the best case scenario and that a true risk analysis should be based on the worst case scenario. Dr. Larose stated the process reliability has been overestimated as systems do fail and consequently exposure to the people has been underestimated. He expressed concern that monitoring is not pro- active and that the Agreement and the Notice of Approval are basically for after - the -fact punitive actions. Dr. Larose stated that Council must see the Host Community Agreement for what it is — an agreement between two parties for contractual matters not for public health concerns. He questioned whether the Minister has been mislead with respect to alternatives, monitoring and responses to concerns. Dr. Larose stated that Council has both a legal and moral obligation to Clarington and that it must demonstrate the fortitude not to be intimidated or blackmailed into tacit irrelevance. Joanne Geisberger, Margaret Stainton and Maurice Wicks advised prior to the meeting that they would not be addressing Council. Council Meeting Minutes - 12 - January 31, 2011 Pam Callus addressed Council concerning Correspondence Item D — 7 - Host Community Agreement. Ms. Callus lauded Council for making the request to clarify the meanings of sections of the Agreement and to bring it in line with Ministry approval. Ms. Callus feels that the Region's communication was intended to be threatening, that Council needs to know for certain what the costs are, that they are within their rights to ask for clarification and that the cost of delay is the cost of doing business. She stated if Council Members have questions then why not seek a second opinion on the Agreement and on the Region's letter. Ms. Callus stated 80 -90% of Clarington residents do not want this project to proceed. She respectfully requested that Council ask questions, seek answers and do everything in their power to stop the incinerator project. Ian Soutter addressed Council concerning Correspondence Item D — 7 - Host Community Agreement. Mr. Soutter stated he has lived in Clarington for the majority of his life and this is the only issue that he has had reason to address Council. Mr. Soutter stated he feels compelled to be here to protect the health and welfare of his children and of the community which is under threat by the project and the Host Community Agreement. Mr. Soutter stated he and the community has never wanted an incinerator in their neighbourhood as the air quality is poor, the location is too close to residential areas and he is concerned with the effects on agriculture. Mr. Soutter stated his children will breathe the effluence of the incinerator 24 hours per day /seven days per week and questioned if Members of Council would want their children or grandchildren to do the same. Mr. Soutter feels the project will have a negative impact on property values and on the economy and that any revenues and job creation will pale in comparison to the effect on human health and the environment. He stated that there are other methods to reduce waste that have not been investigated. Mr. Soutter implored Council to stand up to the threats of the Region and to fulfill the mandate that Council was elected to do. Mr. Soutter stated he feels that the municipal elections were a form of referendum and that members of Council were elected based on their stance. He urged Council to seek a legal opinion regarding the validity of the Host Community Agreement and to explore every avenue possible to seek amendments that address the health and welfare of their constituents. Mr. Soutter feels that if the democratic process is valued, then signing this agreement cannot go unchallenged. He noted that other communities such as Oakville have successfully defeated these projects and that contracts can always be broken. Councillor Neal stated a pecuniary interest with respect to the delegation of Mario Veltri as he has represented Mr. Veltri in the past and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 13 - January 31, 2011 Mario Veltri addressed Council concerning Correspondence Item I — 7 - Solar Panel Installation. Mr. Veltri stated that he agrees with the presentation made by Dave Sebben on behalf of the area residents. He advised that he is the owner of the Marianna Villa apartments and this project will be developed in front of his building on Simpson Avenue. Mr. Veltri stated while he does not live there, he feels a responsibility to the 39 families that live in his building to express his opposition to the project because if its inherent dangers. He stated he is not opposed to development when it makes sense but that this is not the proper location for this type of use. Mr. Veltri stated when he constructed his building 30 years ago, he was required to elevate it nine feet above grade. He stated that he is afraid of the consequences of the creek flooding the area. Councillor Neal returned to the meeting. COMMUNICATIONS Resolution #C -047 -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 - 1, 1 - 2, 1 - 4, 1 - 5, 1 - 7, 1 - 8, and I - 10. "CARRIED" 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. 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. 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. Council Meeting Minutes -14- January 31, 2011 1- 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. Resolution #C -048 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 1 from Roger Anderson, Regional Chair, Regional Municipality of Durham, with respect to the request to AMO to examine issues associated with commercial fill operations and aerodromes, be endorsed. "CARRIED" Mayor Foster recognized Regional Councillor John Neal who was in attendance this evening. 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. Council Meeting Minutes -15- 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 - 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 - 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. Resolution #C -049 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item 1 — 2 from Mayor John Henry, City of Oshawa, Correspondence I — 4 from Debbie Leroux, Clerk, Township of Uxbridge, Correspondence Item I — 8 from Kim Coates, Clerk, Township of Scugog and Correspondence I — 10 from Mary Medeiros, Acting City Clerk, City of Oshawa, with respect to the Highway 407 East Extension, be received for information. "CARRIED" Council Meeting Minutes -16- January 31, 2011 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. Resolution #C -050 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I — 5 from Linda Gasser, with respect to the Energy From Waste Advisory Committee and public consultation regarding the Certificate of Approval application, be endorsed; and THAT Councillor Woo be appointed to the Energy From Waste Advisory Committee. "MOTION WITHDRAWN" Resolution #C -051 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Item l — 5, from Linda Gasser, with respect to the Energy From Waste Advisory Committee and public consultation regarding the Certificate of Approval application, be referred to staff for discussion regarding the appointment of a Member of Council to the Advisory Committee. "CARRIED" Council Meeting Minutes -17- 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. Resolution #C- 052 -11 Moved by Councillor Traill, seconded by Councillor Novak THAT Correspondence Item I — 7 from Dave Sebben, with respect to solar panel installation, be referred to staff for a report. KOTTIROWN] CORRESPONDENCE FOR DIRECTION Correspondence Items D - 9 and D - 10 were received as Hand -outs. Correspondence Item D - 9 was subsequently withdrawn from the Agenda at the request of the author. Resolution #C- 053 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 5, and Hand -out Correspondence Item D - 10 be approved as per the agenda. "CARRIED" 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. (Approved 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) Council Meeting Minutes _18- January 31, 2011 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. (Permission granted 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. (Proclaimed) 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. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Council Meeting Minutes -19- January 31, 2011 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 (Appointment of Board of Directors approved) 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. (Proclaimed) 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. Resolution #C- 054 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D — 6 from Donald Johnson, Advisory Board Member, Bank of Montreal, pertaining to an opportunity to increase private sector funding for charities, be endorsed. "CARRIED" Council Meeting Minutes -20- January 31, 2011 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. Resolution #C -055 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item D — 7 from Matthew L. Gaskell, Senior Solicitor, Regional Municipality of Durham, pertaining to the Host Community Agreement, Energy From Waste Facility, be received for information. "MOTION LOST" Resolution #C -56 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D — 7 from Matthew L. Gaskell, Senior Solicitor, Regional Municipality of Durham, pertaining to the Host Community Agreement, Energy From Waste Facility, be referred to staff. "CARRIED" Council Meeting Minutes 21 - January 31, 2011 D - 8 Fred Key, writing with concerns about the Municipal snow plows proceeding south on Prestonvale Road and pushing snow up and over the boulevard as they proceed and due to the narrowness spill same onto the sidewalk which runs along the east side of his property for a total length of 164 feet. He feels that the Municipality should remove the snow from Highway 2 along Prestonvale Road to the end of his property. Resolution #C- 057 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D — 8, from Fred Key pertaining to snow plowing /removal on the west boulevard on Prestonvale Road South, be referred to staff. "CARRIED" Report #1 - General Purpose and Administration Committee Report January 24, 2011. Resolution #C- 058 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 24, 2011 be approved, with the exception of Items #14 and #18(d). "CARRIED" Mayor Foster stated a pecuniary interest with respect to Item #14 of Report #1 as he has a close personal relationship with a principal of one of the companies which may be considered to contract for work on the Strategic Plan and left the Council Chambers during discussion and voting on this item. Deputy Mayor Novak chaired this portion of the meeting. Item #14 Resolution #C- 059 -11 Moved by Councillor Woo, seconded by Councillor Hooper That Report CAO- 002 -11 be received; and Council Meeting Minutes -22- January 31, 2011 That the Strategic Planning Process as provided for in Report CAO- 002 -11 be endorsed. "CARRIED" Mayor Foster returned to the meeting and resumed the Chair Item #18(d) Resolution #C- 060 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT the following individuals be appointed to the Clarington Accessibility Advisory Committee: Sally Barrie Keith Brettell Jennifer Forde Tim Hick Sylvia Jaspers -Fayer David Kelly Shea -Lea Latchford "CARRIED" Item #18(e) Resolution #C- 061 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT the following individuals be appointed to the Agricultural Advisory Committee of Clarington as the Durham Federation of Agricultural representative: Mary Anne Found (Tim Sargent, Alternate). "CARRIED" STAFF REPORT(S) Report PSD- 011 -11 — DurhamNork Residual Waste Project Energy From Waste Advisory Committee (EFWAC) Council Meeting Minutes -23- January 31, 2011 Resolution #C- 062 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD -011 -11 be received; 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 THAT all interested parties listed in Report PSD - 011 -11 and any delegations be advised of Council's decision. "CARRIED" Confidential Report LGL- 003 -11 — Host Community Agreement Letter from Region of Durham dated January 21, 2011 Resolution #C -063 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT, in accordance with section 10.12.34 of the Procedural By -law, the meeting continue until 11:15 p.m. "CARRIED" Resolution #C- 064 -11 Moved by Councillor Neal, seconded by Councillor Traill 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. "MOTION LOST" Council Meeting Minutes -24- January 31, 2011 Resolution #C- 065 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT Resolution #C- 033 -11 adopted on January 17, 2011, with respect to the Host Community Agreement with the Region of Durham be rescinded. "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 Resolution #C- 066 -11 Moved by Councillor Traill, seconded by Councillor Neal 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 c) Be consistent with both the Region's amended Environmental Assessment for Durham and York Residual Waste Study and the Minister's approval of that undertaking dated October 21, 2010 with respect to: 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 THAT, if the Municipality and the Region have not reached an agreement in principle respecting the foregoing amendments by February 28, 2011, staff be directed to commence the mediation /arbitration process contained in the Agreement for a declaration to determine the above and: Council Meeting Minutes -25- January 31, 2011 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 is to be severed from the Agreement, or amended to conform with the approval. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motion) Resolution #C- 067 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT the foregoing Resolution #C- 066 -11 be amended by deleting the following from the third paragraph - the words "for a declaration to determine the above and:" and sections a, b, and c. "CARRIED" Resolution #C -066 -11 was then put to a vote and 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 Resolution #C- 068 -11 Moved by Councillor Hooper, seconded by Councillor Traill THAT, in accordance with section 10.12.34 of the Procedural By -law, the meeting continue until 11:30 p.m. "CARRIED" Council Meeting Minutes -26- January 31, 2011 BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C- 069 -11 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. (See following motion) Resolution #C- 070 -11 Moved by Councillor Partner, seconded by Councillor Hooper THAT the foregoing Resolution #C- 069 -11 be referred to staff. UNFINISHED BUSINESS Market Compensation Review Report Resolution #C- 071 -11 Moved by Councillor Traill, seconded by Councillor Novak THAT the Market Compensation Review Report be lifted from the table. "CARRIED" Council Meeting Minutes -27- January 31, 2011 Resolution #C- 072 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the Market Compensation Review Report be tabled until the next General Purpose and Administration Committee meeting. "MOTION LOST" Resolution #C- 073 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT the Confidential Report submitted by the consultants, Gazda, Houlne & Associates Inc. be received; THAT the 65th percentile for market comparable compensation be established with monitoring and adjustment at least every two years; applicable cost to be included in the appropriate annual budget; THAT the revised salary structure, as outlined in Option A of the consultant's report be implemented, with an implementation date of October 1, 2010; THAT the positions that are paid low, be examined through the existing Pay Equity process to ensure they are placed appropriately within the salary structure; THAT the Exception Compensation as outlined in the consultant's report be approved, to be implemented by the CAO according to Council approved criteria and annual budget allocation; and THAT the CAO be authorized to update and implement a revised performance management system, utilizing consultants to assist in the review. "CARRIED LATER IN THE MEETING" Resolution #C- 074 -11 Moved by Councillor Neal, seconded by Councillor Trail THAT in accordance with Section 239(2) of the Municipal Act, as amended, the meeting be closed to consider a matter that deals with personal matters about an identifiable individual, including municipal employees. "MOTION WITHDRAWN" Council Meeting Minutes -28- January 31, 2011 Resolution #C- 075 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT, in accordance with section 10. 12.34 of the Procedural By -law, the meeting continue until 11:45 p.m. "CARRIED" Resolution #C- 076 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C -073 -11 be divided to vote on each part of the motion separately. "MOTION LOST" Resolution C- 073 -11 was then put to a vote and 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 BY -LAWS Resolution #C -077 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2011 -009 to 2011 -013 2011 -009 Being a by -law to amend By -law 2007 -227, the Municipality's Procedural By -law 2011 -010 Being a by -law to amend Sign By -law 2009 -123, as amended of the Municipality of Clarington 2011 -011 Being a By -law to govern the sale and other disposition of surplus municipal land Council Meeting Minutes -29- January 31, 2011 2011 -012 Being a by -law to stop up, close and authorize the conveyance of a road allowance 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; and THAT the said by -laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Mayor Foster and Councillor Neal stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By -law and left the Council Chambers during discussion and voting on this matter. Deputy Mayor Novak chaired the remainder of the meeting. CONFIRMING BY -LAW Resolution #C- 078 -11 Moved by Councillor Hooper, seconded by Councillor Woo THAT leave be granted to introduce By -law 2011 -014, being a by -law to confirm the proceedinlgs of the Council of the Municipality of Clarington at a regular meeting held on the 315 day of January, 2011; and THAT the said by -law be now read a first, second and third time and finally approved. "CARRIED" Mayor Foster and Councillor Neal returned to the meeting. Council Meeting Minutes -30- ADJOURNMENT Resolution #C- 079 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT the meeting adjourn at 11:41 p.m. "CARRIED" MAYOR January 31, 2011 MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS February 14, 2011 a) Libby Racansky — Clarington Strategic Plan (Correspondence Item D - 5) b) Tony Wood — Municipal Advertising Policy (Correspondence Item I - 12) C) Gord Lee, on behalf of Foster Creek Residents - Report ESD -003 -11 — Newcastle Fire Hall #2 — Relocation and Construction (Item 1(b) of Report #1) SUMMARY OF CORRESPONDENCE February 14, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I 1 Minutes of the Central Lake Ontario Conservation Authority dated January 18, 2011 (Copy attached) 1 - 2 Scott Lewis, Communications Manager, Canada Post Corporation, sharing the results of the Rural Mail Safety Review in Orono indicating that 276 rural mailboxes passed the assessment, requiring no modification, 142 rural mailboxes required relocation, 101 rural mailboxes will be reassessed at a later date, 49 rural mailboxes were required to be centralized into community mailboxes; and 33 customers chose to be centralized into community mailboxes, and, 9 customers opted for a free post office box; forwarding a Municipal Fact Sheet on Rural Mail Safety Review; and, indicating that further information is available by calling 1- 866 - 501 -1669 or visiting www. canadapost.ca /ruralmail. I - 3 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO, A Division of Metrolinx, forwarding a copy of the Notice of Completion of Environmental Project Report for the Oshawa to Bowmanville GO Train Service Expansion and Construction of Maintenance Facility in Whitby; indicating that the study reviewed potential sites for new stations and train facilities, options for connecting the CN railway corridor with the CP railway corridor and identified improvements to the existing railway line; advising that the impact of this transit project was assessed and an Environmental Project Report (EPR) was prepared; and, advising that the EPR will be available for public viewing from January 28 to February 28, 2011, at several locations in the study area and that an electronic copy will be available for download at www.aotransit.com. 1 - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Nomination /Reaffirmation of Municipal Representatives on Drinking Water Source Protection Committees: ,,a) THAT Regional Council supports the nomination from the Township of Brock of local Councillor Keith Shier as the new Durham municipal sector representative to the South Georgian Bay -Lake Simcoe Source Protection Committee and forwards this nomination to the Chair of the Lake Simcoe Source Protection Authority for consideration by the watershed municipalities; Summary of Correspondence - 2 - February 14, 2011 b) THAT Regional Council reaffirms that John Presta, (Director of Environmental Services Region of Durham Works Department) will continue as the Region's representative on the Credit Valley - Toronto- Central Lake Ontario (CTC) Source Protection Committee and that the Chair of the Toronto Region Source Protection Authority be so advised; c) THAT Regional Council reaffirms that Bruce Craig (President of Lakefront Utilities, Town of Cobourg) continue as the municipal sector representative from the Ganaraska Source Protection Area on the Trent Conservation Coalition (TCC) Source Protection Committee and that the Chair of the Lower Trent Source Protection Authority be so advised; d) THAT Regional Council supports the ongoing involvement of Regional staff in municipal, planning and technical working groups assisting the Source Protection Committees; and e) THAT a copy of Joint Report No. 2011 -J -3 be forwarded to Durham Region area municipalities for their information." 1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to polybutylene water service connections in the Regional Municipality of Durham and an update on remediation: "a) THAT Report No. 2011 -W -5 of the Commissioner of Works be received for information; and b) THAT a copy of Report No. 2011 -W -5 be forwarded to the Cities of Pickering and Oshawa, the Towns of Ajax and Whitby, and the Municipality of Clarington." 1 - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Durham Trail Co- Ordinating Committee (DTCC) Membership appointments: ,,a) THAT Regional Councillor nominee Amy England (Oshawa), and Municipal Councillor nominee Wilma Wotten (Scugog), be appointed to the Durham Trail Coordinating Committee (DTCC); b) THAT Area Municipal Citizen Volunteer appointees Keith Jones (Oshawa), and Simon Farquhar (Clarington), be confirmed; Summary of Correspondence - 3 - . February 14, 2011 c) THAT the appointees be advised of the appointment to the DTCC; and d) THAT a copy of Report #2011 -P -3 of the Commissioner of Planning be forwarded to the respective area municipalities." 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Environmental Bill of Rights Registry Number 011 -0597 Proposed Environmental Noise Guideline — Noise Assessment Criteria for Stationary Noise Sources and for Land Use Planning: ,,a) THAT Report #2011 -P -4 of the Commissioner of Planning be received for information; and b) THAT a copy of Commissioner's Report #2011 -P -4 be forwarded to the Area Municipalities for information." 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities (October 1, 2010 — December 31, 2010): "a) THAT Report #2011 -P -6 of the Commissioner of Planning be received for information; and b) THAT a copy of Commissioner's Report #2011 -P -6 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." l - 9 Tracey Tyner Cavanagh, Accessibility Co- ordinator, Office of the Regional Chair & Chief Administrative Officer, Regional Municipality of Durham, forwarding a copy of the Region's Accessibility Report and Plan 2010 -2011. 1 - 10 K. R. (Bob) Malcolmson, C.E.O. & General Manager, and Cris Douglas, President, Greater Oshawa Chamber of Commerce, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on January 19, 2011, the City of Oshawa hosted a public meeting on the Highway 407 extension in which the message delivered was that an acceptable alternative needs to be found or we may all lose, advising that transportation is a key factor in unleashing Durham's economic potential, that the lack of an alternative freeway through the Summary of Correspondence - 4 - February 14, 2011 eastern side of the GTA is a safety issue and that congestion in the GTA could cost the Region up to $3 billion per year by 2021 in lost productivity; indicating that the issue has become extremely politicized with respect to all elected officials at all levels of government; and, recommending the Province put in place an acceptable alternative that gets Highway 407 to Oshawa and through Durham Region to Highway 35/115 as expeditiously as possible. 1- 11 Ministry of Agriculture, Food and Rural Affairs News Release dated February 1, 2011, announcing that the Province is providing up to $1 million to Durham Region through the Rural Connections Broadband program which will provide residents, businesses and institutions with the infrastructure needed to access high -speed internet by 2012. 1-12 Tony Wood expressing concern that a change to the Municipal Advertising Policy to approve newsprint as the method of advertising Municipal required notices and activities will create additional expense for the Municipality in the amount of $30,600 per year and suggesting that the Municipality could sell advertising in Clarington.net as a means to generate revenue of $45,680. 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Chief Mike Ewles, Durham Regional Police Service advising that on January 26, 2011, Regional Council adopted the following resolution pertaining to Shared Communications Platform: "a) THAT the process of defining the technology, selection and implementation of an interoperable emergency communication system for the Region and the local municipalities outlined in Report #2011 -A -1 be approved; b) THAT the multi -year (2011 -2014) proposal received from Lansdowne Technologies Inc. in the amount of $2,308,782.00 (excluding applicable taxes) for the provision of acquiring a firm to undertake the project management role to oversee the complete development and implementation of an interoperable communications platform for emergency communications within Durham Region Police Service (ORPS), local municipal fire departments, Ontario Power Generation (OPG) and various departments within the Region be accepted; Summary of Correspondence - 5 - February 14, 2011 c) THAT the first year financing in the amount of approximately $922,000 be funded as follows: • 2010 Emergency Communications Budget $250,000 2010 Durham Regional Police Service Capital Reserve 125,000 Sub -Total 2010 Funding 375.000 2011 Pre Budget Approval of DRIPS Capital 547,000 Reserve Total First Year Funding 922 0 0 With the balance of funding requirements to be part of the 2012 to 2014 Business Plans and Budgets; and d) THAT the Regional Chair and Clerk be authorized to execute an agreement with Lansdowne Technologies Inc. covering these requirements.° 1 - 14 Sally Thurlow expressing concern that the new Council continues to uphold the non - transparent system of the last Council and allows the Regional Chair to continue to threaten them into no action on the Host Community Agreement with more non - transparency; expressing concern that Council is not listening to delegates; requesting Council to share whatever inside knowledge they have with new Councillors so they don't have to waste any more of their own or their delegates' time in trying to defend the people's wishes against a broken system; and suggesting that the best outcome is better achieved with everyone working together. 1 - 15 Jayme Harper, Vice President, PFLAG Canada Regional Director — Ontario R4, advising of their upcoming fundraiser event "An Evening of Hollywood Glamour" to be held on Saturday, April 2, 2011 at Club Carib in Oshawa in support of the Durham Chapter of PFLAG, a national organization that speaks for a more accepting Canadian society by providing support, education and resources on issues of sexual orientation and gender identity; and, inviting Council to support the event by purchasing tickets or considering sponsoring or donating a silent auction item. Summary of Correspondence - 6 - CORRESPONDENCE FOR DIRECTION February 14, 2011 D - 1 Jeff Goldman, President and Donna Donaldson, Executive Officer, Durham Region Home Builders' Association, inviting Mayor Foster to attend their dinner meeting on Tuesday, March 22, 2011, and requesting that April 2011 be declared "New Homes Month" in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Motion to Proclaim) D - 2 Donna McAllister, Co- Chair, PFLAG Canada Durham Region, requesting May 17, 2011, be proclaimed "International Day Against Homophobia/Transphobia" to send a message of tolerance, openness and hope and to combat homophobia and discrimination based on sexual orientation, and requesting permission to fly the rainbow flag on one of the Municipality's flagpoles. (Motion to Proclaim and permission granted to fly the Rainbow Flag) D - 3 Sharon Ennis requesting Council's approval to host the 3`d Annual "Gabby's Gift ", Walk for Spina Bifida, a one -of -a -kind fundraising and awareness initiative from the Spina Bifida and Hydrocephalus Association of Ontario on Sunday, June 26, 2011 from 1:00 p.m. to 6:00 p.m. at the Newcastle & District Recreation Complex gymnasium; forwarding a copy of the proposed walk route; and, indicating that an insurance certificate will be forwarded to the Municipality prior to the event. The correspondence indicated that the family event will feature games, jumping castles, face painting and a barbeque and that the walk will start at 2:30 p.m. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D-4 Clinton Shane Ekdahl, advising of the importance of the Honey Bee to our way of life and that honey bees are the cornerstone to the sustainability of agriculture and stability of the environment; expressing concern with the disappearance of honey bees in alarming numbers all over the world; requesting that Council consider initiating a Honey Bee hive on municipal grounds, in a show of support for the Honey Bee industry, Green initiatives, biosustainability and an attempt to recoup distressingly dwindling Honey Bee populations; and, requesting that May 29, 2011 be declared as the second annual "Day of the Honey Bee ", to raise awareness and respect for Honey Bees. (Motion to Proclaim) Summary of Correspondence - 7 - February 14, 2011 D - 5 Libby Racansky stressing that the focus of the Clarington Strategic Plan should reflect the community's needs and capabilities, expressing concern that from reading the 2007 Plan, the environment is completely missing from the Vision, Mission Statement, Key Focus, Community Planning Actions, etc., and suggesting that Council take the natural environment into consideration. (Motion to refer correspondence to the Chief Administrative Officer for consideration in preparation of the Clarington Strategic Plan) D-6 Linda Motschenbacher requesting a six -month extension to building permit 10.0211 for construction of a new single family home at 8535 Ormiston Road; advising that she and her husband are building the new house on their own and to date have experienced some delays due to weather (heavy rains, snow, ice, sleet, winds, freezing temperatures, etc.) and delays in the delivery of materials; outlining work that has been completed and inspected on the building; and indicating that they anticipate occupancy of the new house by September 2011. (Motion for Direction) D-7 Susan Dickison, Communications Co- ordinator, Durham Region Transit, advising that appointments to the Durham Region Transit Advisory Committee JAC) will be made by the Transit Executive Committee in early 2011; advising that the Committee's Terms of Reference provide for each of the eight area municipalities to nominate one (1) public transit user representing transit stakeholder groups through their use of DRT services and /or their participation in community groups that access public transit service in Durham Region; forwarding a copy of an application received from a citizen within Clarington interested in being appointed as Clarington's community representative on the Durham Region Transit Advisory Committee; and requesting Council's resolution advising of the name of Clarington's nominee on or before February 16, 2011. (Copy of Confidential Correspondence attached for Members of Council) (Motion for Direction) D-8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to GO Transit Rail Service extension from the City of Oshawa to Bowmanville and construction of a Rail Equipment Maintenance Facility in the Town of Whitby: Summary of Correspondence - 8 - February 14, 2011 ,,a) THAT Regional Council urge the Province of Ontario and Metrolinx to re- evaluate the top priority projects in The Big Move document and reallocate this funding to 'quick win' projects such as expediting the Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility in The Regional Municipality of Durham, including the completion of the ongoing Transit Project Assessment Process, detailed design, and construction, with all necessary funding earmarked at an early stage in GO Transit's Ten Year Capital Plan; b) THAT Regional Council request that through the planning and design of the rail service extension from the City of Oshawa to Bowmanville, in the Municipality of Clarington, GO Transit: i) Revise the draft traffic impact studies for each of the proposed new stations to address comments provided by Regional staff, so that the access configurations and related Regional road /intersection improvements needed to accommodate GO station traffic can be determined; ii) Prepare a traffic impact study for the proposed Rail Equipment Maintenance Facility in the Town of Whitby, including assessment of the impacts of deleting Hopkins Street south of Victoria Street on the area road network and access to the surrounding employment lands; iii) Identify the water and sanitary sewer servicing requirements for each station site and the Rail Equipment Maintenance Facility, so The Regional Municipality of Durham can determine the availability of services and any service upgrades, extensions or relocations required to accommodate GO Transit's project; iv) Consider the planned Regional road or service improvements that may be affected by the extension of GO Transit rail services; v) Enter into servicing agreements with The Regional Municipality of Durham, or require contractors to enter into such agreements on GO Transit's behalf, to address matters of performance, maintenance and ownership associated with Regional road or service improvements that will be undertaken by GO Transit as part of the extension of GO rail service; and Summary of Correspondence - 9 - February 14, 2011 vi) Be responsible for 100 percent of the project costs, including improvements to Regional roads and services that are necessary to accommodate GO Transit's project; c) THAT the City of Oshawa in partnership with Metrolinx, and in consultation with The Regional Municipality of Durham, be encouraged to prepare a Mobility Hub Master Plan focused on the Oshawa Central station, in accordance with the provisions of the Regional Transportation —The Big Move; and d) THAT a copy of this resolution and of Report No. 2011 -J -5 be forwarded to the Honourable Dalton McGuinty, Premier of the Province of Ontario, the Honourable Kathleen Wynne, Minister of Transportation, Durham MPPs, and the area municipalities in Durham." (Motion for Direction) D - 9 Blair Labelle, Manager, Legislative Services /Deputy Clerk, Town of Ajax, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, advising that on January 24, 2011, the Town of Ajax adopted the following resolution pertaining to the Community Adjustment Fund Deadline: "WHEREAS the Government of Canada has responded to the needs of municipalities and is enabling the orderly completion of approved infrastructure stimulus projects under the Economic Action Plan by extending the funding deadline to October 31, 2011; and, WHEREAS Community Adjustment Fund (CAF) Intake Two infrastructure stimulus projects, approved only in June 2010, were not included in the funding deadline extension announcement; and, WHEREAS, despite the considerable efforts made by the Town of Ajax, winter conditions have made it impossible for the Town to complete one of its two CAF Intake Two projects (the Old Kingston Road Revitalization, GAF# 20079), by the existing March 31, 2011 deadline; and, WHEREAS the Town has already notified Prime Minister Harper that, if the CAF Intake Two funding deadline is not extended, the Town will be required to bear $500,000 of the project costs originally accepted as the responsibility of the government of Canada, with such costs being an unfair burden on the Town during these difficult economic times; Summary of Correspondence - 10 - February 14, 2011 NOW THEREFORE BE IT RESOLVED THAT, in order to establish fairness in the completion and funding of all infrastructure stimulus programs and projects, the Government of Canada announce immediately that the funding deadline for CAF Intake Two projects will also extended to October 31, 2011; and, THAT notice of this resolution be circulated to the Prime Minister, the Minister of Finance, the Premier of Ontario, Mark Holland, MP, Joe Dickson, MPP, the Federation of Canadian Municipalities, the association of Municipalities of Ontario and all municipalities in the Region of Durham." (Motion for Direction) CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO. 1 ANNUAL AUTHORITY MEETING Tuesday January 18 2011- 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM Present P. Perkins, Chair B. Chapman, Vice Chair L. Coe S. Collier L, Corrigan J. Drumm G. Emm A. England R. Hooper R. Johnson D. Mitchell T.D. Marimpietri J. Neal M. Novak M. Pearce P. Rodrigues C. Traill I -1 DISTRIBUTION REVIEWED BY Irl c ORIGINAL TO:, �❑ COUNCIL COUNCIL ❑FILE DIRECTION INFORMATION COPY To: • MAYOR ❑ MEP13PS ❑ CAO OF COUNCIL • COMMUNITY ❑ CiORPORATE ❑ EMEAGENCY SIKIES SERVICES SERVICES • ENGINEERING ❑ .MUNICIPAL ❑ OPMATIONS SERVICES CLERKS • PLANNING Cl SOLICITOR O TREASURY SERwcEs • OTHER _ MUNICIPAL CLERK'S FILE J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage C. Darling, Director, Development Review & Regulation G. Geissberger, Marketing & Communications Coordinator P. Lowe, Director, Watershed Stewardship & Community Outreach P. Sisson, Director, Engineering & Field Operations G. SooChan, Director, Groundwater K. Tate, Administrative AssistanURecording Secretary Guest: R. Messervey, Chief Administrative Officer, Kawartha Region CA Excused: A. Foster M. Hrynyk, General Superintendent Absent: S. Crawford A. Cullen J. Gray B. Nicholson The Chair called the meeting to order at 5 p.m. WELCOME — R. Johnson, Chair welcomed members to the Annual Authority meeting and requested new and existing members to introduce themselves; following R. Powell, CAO introduced CLOCA Staff members and guest. AUTHORITY ANNUAL MEETING — JANUARY 18,2011 — PAGE 2 DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #1' Moved by G. Emm Seconded by M. Pearce THAT the Authority minutes of November 16, 2010 be adopted as circulated CARRIED CHAIR'S REMARKS —R. Johnson — 2010 in Review It has been a pleasure to serve as Chair of Central Lake Ontario Conservation in 2010 and I would like to share these 2010 highlights with new and past Board members tonight. • Updated Existing Conditions Report for Oshawa Creek and completed the Phase H Watershed Management Plan Alternatives for Oshawa and Lynde Creeks • Completed floodplain mapping for Black, Harmony, Farewell and Robinson Creeks • Completed the Central Lake Ontario Source Water Protection Assessment Report • Initiated a jurisdiction wide Large Fill Protocol • Acquired 42 acres (17 hectares) of land at Enniskillen and Stephen's Gulch Conservation Areas, bringing our total landholdings to 5,567.28 acres (2,253 hectares) • Conducted an Emergency Flood Watch interactive exercise session for CLOCA flood watch staff • Completed an Invasive Species Management Strategy for CLOCA Conservation Areas • Completed Redside Dace Habitat Assessment Research Project in the Lynde Creek • Hosted a wetland conservation information session for residents of Black Creek living adjacent to Provincially Significant Wetlands • Completed improvements to the Lynde Shores Conservation Area Chickadee Trait • Initiated the Micro Renewable Electricity Project at the CLOCA Headquarters • In 2010, CLOCA engaged more than 20,000 Durham Region residents and students in our outreach and education programs. Of that number, over 4,000 of those were grade four students participating in the 13th annual Durham Children's Groundwater Festival In closing, I would like to thank the members and staff for their support in making my term as Chair and member of the CLOCA Board over the last 4 years, a rewarding and pleasurable experience. ELECTION OF OFFICERS At this point, the meeting was turned over to Russ Powell, Chief Administrative Officer, who assumed the chair and declared vacant the positions of Chair and Vice Chair. Res. #2 Moved by J. Drumm Seconded by P. Perkins THAT Rob Messervey and Dan White act as scrutineers; and, THAT in the event of an election all ballots be destroyed CARRIED Authority Chair Mr. Powell advised that he would call for nominations for the position of Chair for 2011, and stated that no seconder was required, Where more than one nominee stands for office, an election by secret ballot will be conducted. - Nominations: P. Perkins nominated by M. Novak Res. #3 Moved by M. Novak Seconded by S. Collier THAT nominations far the position of Authority Chair be closed. CARRIED AUTHORITY ANNUAL MEETING — JANUARY 18, 2011— PAGE 3 P. Perkins "stands ". P. Perkins was declared Authority Chair for 2011, and conducted the remainder of the meeting with the opening address: "I would like to thank the Directors for their vote of confidence and I look forward to working with them and staff over the coming year. 2011 will be an exciting year for Central Lake Ontario Conservation. We have new faces on the board that will bring fresh energy and returning members with experience and a working knowledge of Central Lake Ontario Conservation. Working with our municipal partners, the Region of Durham and the community, we will be able to build on our past accomplishments while looking to the future to protect and enhance the watersheds in which we all live." Authority Vice -Cha "v The Chair called for nominations for the position of Vice Chair. Nominations: M. Novak nominated by R. Hooper B. Chapman nominated by P. Rodrigues Res. #d Moved by D. Mitchell Seconded by S. Collier THAT nominations for the position of Authority Vice Chair be closed. CARRIED M. Novak `stands ". B. Chapman "stands ". Ballots were distributed and collected by scrutineers Rob Messervey and Dan White. Scrutineers Rob Messervey and Dan White reported the vote was tied 7 -7. B. Chapman spoke to his nomination. . M. Novak spoke to her nomination. Ballots were distributed and collected by scrutineers Rob Messervey and Dan White for a second vote. Scrutineers Rob Messervey and Dan White reported a second tied vote of 7 -7. Russ Powell advised, with a consensus from the members, to have one of the scrutineers draw a name for the position of Vice Chair•, both names were put in a container and Rob Messervey drew out the name B. Chapman. B. Chapman was declared Authority Vice Chair for 2011. Recognition of Departing Board Members Russ Powell made a presentation to outgoing Board members Marilyn Pearce, Gerry Emm and Rick Johnson in appreciation of their service to the CLOCA Board of Directors. Additionally, outgoing Board members Adrian Foster, Scott Crawford April Cullen, Brian Nicholson and John Gray were recognized as well for their service to the CLOCA Board of Directors, however, they were not able to be present at tonight's meeting. AUTHORITY ANNUAL MEETING - JANUARY 18, 2011- PAGE 4 CHIEF ADMINISTRATIVE OFFICER (1) Staff Report #4929-11 Common Membership - Different Boards Res. #5 Moved by D. Mitchell Seconded by R. Hooper THAT the Chair, Vice Chair and members of the Central Lake Ontario Conservation Authority far 2011 be the Chair, Vice Chair and members of the Central Lake Ontario Conservation Fund for 2011 and the Chair, Vice Chair and members of the Central Lake Ontario Source Protection Authority for 2011. CARRIED (2) Staff Report #4923 -10 2011 Meeting Schedule - Board of Directors and Committee of the Whole Res. #6 Moved by L. Coe Seconded by P. Rodrigues THAT Staff Re port # 4923.10 be received for information; THAT the 2011 Meeting Schedule for Board of Directors be adopted; THAT Committee of the Whole meetings be scheduled, if necessary, at the call of the Chair; THAT December 6, 2011 be the date for the CLOCA Watershed Awards Ceremony. CARRIED SIGNING OFFICERS Res. #7 Moved by J. Drumm Seconded by M. Novak THAT the Signing Officers of the Authority be any two of the following: The Chair, Vice- Chair, Chief Adminkriwive OfficerlSecretary- Treasurer, and Director of Corporate Services. CARRIED SOLICITORS Res. #8 Moved by B. Chapman Seconded by L. Coe THAT the firms Boychyn & Boychyn, Oshawa; Gardiner, Roberts, Toronto; Beard, Winter, Toronto, and flicks Marley, Toronto be appointed Solicitors for the Authority, as required. CARRIED AUTHORITY ANNUAL MEETING — JANUARY 18,2011 — PAGE 5 BORROWING BY -LAW Res. #9 Moved by J. Drumm Seconded by T.D. Marimpietri THAT any two of the following: The Chair, Vice- Chair, Chief Administrative OffurerlSecretary- Treasurer, and Director of Corporate Services of the Central Lake Ontario Conservation Authority are hereby authorized to borrow from time to time by way of promissory note, from the Toronto - Dominion Bank, 4 Ring Street West, Oshawa, the sum or sums not exceeding $1,000,000 to meet immediate administrative and operational expenditures until the Province of Ontario grant and/or Regional levy have been received, and to give on behalf of the said Authority a promissory note or notes, sealed with the Corporate Seal and signed by the Chair or Vice-Chair and the Chief Administrative OffcerlSecretary- Treasurer and/or the Director of Corporate Services for the monies so borrowed with interest which may be paid in advance or otherwise, at a rate not exceeding prime per annum. THAT all sums borrowed pursuant to the authority of this Resolution . for the purpose mentioned herein shall, with interest thereon, be a charge upon the whole of the monies received or to be received, by the said Authority, as and when such monies are received. THAT the Chief Administrative OfficerlSecretary- Treasurer and/or the Director of Corporate Services is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the interest thereon, all of the monies hereinafter collected or received by the said Authority from the Province of Ontario by way of a Grant or from the Regional Levy to be made in accordance with provisions of The Conservation Authorities Act CARRIED CONSERVATION ONTARIO COUNCIL Res. #10Moved by L. Coe Seconded by R. Hooper THAT the Chair be appointed as the Authority's representative on the Conservation Ontario Council Alternative designates are the Vice -Chair, the Chief Administrative Officer, and the Director of Corporate Services. - CARRIED ENFORCEMENT OFFICERS (i) Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42/06 Res. #11 Moved by J. Drumm Seconded by B. Chapman THAT C. Darling, R Sisson, T. Aikins, S. Gainey, J. Hetherington, D. Hope, A. Langmuir and W. Coulter be appointed Enforcement Offcers under the Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42106. CARRIED (ii) Conservation Areas Regulation #101/92 Res. #12Moved by J. Drumm Seconded by B. Chapman THAT M. Hrynyk, T. Backus, H. Hirschfeld, J. Maas, B. De Waal and D. Hope be appointed Enforcement Offteers under the Conservation Areas Regulation #101192. CARRIED AUTHORITY ANNUAL MEETING - JANUARY 18, 2011— PAGE 6 CORRESPONDENCE (1) - Correspondence from Sherri Lange, Founding Director, Toronto Wind Action re: email sent to Conservation Authorities of Ontario re wind turbine proposals Res. #13 - Moved by T.D. Marimpietri Seconded by S. Collier THAT the above correspondence (attached as Schedule 12.1 & 12 -2 of Jan. 18111) be referred to Conservation Ontario for coordinated response on behalf of all Conservation Authorities. CARRIED (2) Correspondence item #ABDA3C32 from Regional Municipality of Durham/P.M, Madill re: appointments to the Central Lake Ontario Conservation Authority (3) Correspondence item #ABDA3C33 from The Township of UxbridgelD. Leroux re: Council appointment to the Central Lake Ontario Conservation Authority (4) Correspondence item #NSPG1C67 from Ministry of Environmentilan Smith re: Central Lake Ontario Source Protection Area Updated Workplau Res. #14 Moved by T.D. Marimpietri Seconded by L. Coe THAT correspondence items #ABDA304 #ABDA3C33 and NSPGI C67 (attached as Schedule 12 -3 to 12 -11 of Jan. 18111) be received for information. CARRIED DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4931 -11 (attached as Schedule 13 -1 to 13 -3 of Jan. 1841) Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses - November and December 2010 Res. #15 Moved by B. Chapman Seconded by A. England THAT the attached applications be approved and the respective permits be issued. CARRIED (2) Staff Report #4933 -11 Re: Royal Assent of Bill 66 the Open for Business Act Res. #16 Moved by J. Drumm Seconded by L. Coe THAT Staff Report,#4933.11(attached as Schedule 13 -4 & 13 -5 of,Jan..18111) be received far information. CARRIED DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report #4930-11 Durham Region Coastal Wetland Monitoring Project Annual Electronic Newsletter Release Res. #17 Moved by L. Coe Seconded by S. Collier THAT Staff Report #4930 -11 (attached as Schedule 14-1 to 14 -4 of Jan. 18111) be received for information. CARRIED AUTHORITY ANNUAL MEETING — JANUARY 18,2011 — PAGE 7 (2) Staff Report #4934 -11 (NOTE: Pages 14-9 to 14-62 previously circulated to members & staff) Watershed Management Planning Program Phase 2 - Development of Watershed Management Alternatives and Options H. Brooks answered questions from D. Mitchell with respect to expecting to see a map included within this report followed by questions from M. Novak with respect to page 14-41 entitled "Table 9: Data Layer Assumptions'. Discussion ensued. Res. #18 Moved by T.D. Marimpietri Seconded by L. Coe THAT Staff Report #4934 -1I (attached as Schedule 14-5 to 14-8 of Jan. 18111) be received; THAT the Natural Heritage System Model and Methodology (July 2010) be approved and continue to be used in the Watershed Management Planning Program, and be used to support other Authority Programs where appropriate; THAT the Imperviousness Analysis Model and Methodology (July 2010) be approved and continue to be used in the Watershed Management Planning Program, and be used to support other Authority Programs where appropriate; THAT the Water Budget Model and Methodology (July -Aug. 2010) be approved and continue to be used in the Watershed Management Planning Program, and be used to support other Authority Programs where appropriate; THAT the Oshawa Creek Watershed 2002 Management Plan: Addendum Existing Conditions (November 2010) be approved and modified as appropriate in consideration of comments from agencies, stakeholders and the public; THAT staff continue to proceed with the Watershed Management Planning Program; THAT staff report back to the Board of Directors at an appropriate time with a progress report and summary of activities undertaken in the watershed management planning program; and, THAT Staff Report #4934 -I1 including attachments be forwarded to the Authority's member municipalides. CARRIED (3) Staff Report #4936-11 Heber Down Conservation Area Management Plan — FINAL D. Mitchell referred to page 14-70 of the report regarding trail linkage to Cullen Central Park. R. Powell answered questions; discussion ensued. Res. #19 Moved by L. Coe Seconded by T.D. Marimpietri THAT Staff Report #4936-11 as Schedule 14-63 to I4 -70 of Jan. 18111) be received; and, THAT the Heber Down Conservation Area Management Phan be approved, and implementation of the plan be carried out accordingly. - CARRIED DIRECTOR, ENGINEERING & FIELD OPERATIONS (1) Staff Report #4937-11 Highway 407 East H. Brooks answered questions from J. Neal and J. Drumm with respect to compensation discussions. P. Sisson answered questions from D. Mitchell regarding ponds. Res. #20 Moved by T.D. Marimpietri Seconded by B. Chapman THAT Staff Report #4937- 11(attached as Schedule 15 -1 to 15 -6 of Jan. 18111) be received for information; THAT CLOCA staff continue to be involved in the review of Highway 407 Phase I works, including compensation discussions with the Province; and, THAT the CLOCA Board of Directors be informed as to the status of these discussions. CARRIED Clarin ton Leading the Way REPORT #1 REPORT TO COUNCIL MEETING OF FEBRUARY 14, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, FEBRUARY 7, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD -014 -11 Annual Report on Site Plan Activity for 2010 (b) ESD -003 -11 Newcastle Fire Hall #2 — Relocation and Construction (c) CSD -002 -11 Customer Service Week (d) CSD -003 -11 Community Services —2010 Year End Review 2. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT INCREASED GARAGE WIDTHS; INCREASED GARAGE PROJECTIONS; AND, INCREASED LOT COVERAGE ON LOTS WITH ONE STOREY DWELLINGS — COURTICE APPLICANT: HALMINEN HOMES THAT Report PSD- 012 -11 be received; THAT the rezoning application submitted by Halminen Homes continue to be processed including the preparation of a further recommendation report; and THAT all interested parties listed in Report PSD -012 -11 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO LIC 3A6 Report #1 - 2 - February 14, 2011 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 20, 2011 THAT Report PSD- 013 -11 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on January 20, 2011 for applications A2010 -0042 & A2011 -0001, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. APPLICATION FOR EXEMPTION OF PART LOT CONTROL APPLICANT: 2231231 ONTARIO LIMITED THAT Report PSD -015 -11 be received; THAT the request for Removal of Part Lot Control by 2231231 with respect to Block 19 on Plan 40M -2316 be approved, and that the Part Lot Control By -law attached to Report PSD - 015 -11 be passed pursuant to Section 50 (7.1) of the Planning Act, THAT a copy of Report PSD- 015 -11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD - 015 -11 and any delegations be advised of Council's decision. 5. REQUEST FOR REPORT ON ROLE OF HOST COMMUNITY AGREEMENT IN GRANTING OF ENVIRONMENTAL ASSESSMENT FOR ENERGY FROM WASTE INCINERATOR THAT the Planning Services Department, in cooperation with appropriate staff, prepare a report on the role that the Host Community Agreement plays in the granting of the Environmental Assessment for the incinerator; and THAT a $5000.00 limit on expenses for an independent expert advice be set. Report #1 - 3 - 6. PROPOSAL TO CLOSE AND CONVEY (LORD ELGIN STREET) SITUATED IN I TOWNSHIP OF DARLINGTON THAT Report EGD -006 -11 be received; February 14, 2011 A PORTION OF A ROAD ALLOWANCE _OT 12, CONCESSION 2, FORMER THAT Council approve, in principle, the closure and conveyance of Lord Elgin Street from Concession 3 to the north limit of that portion of Lord Elgin Street, which was closed in 1988, situated in Lot 12, Concession 2, former Township of Darlington (Attachment 1 to Report EGD -006 -11); THAT Council authorize the publication of a notice that Council intends to declare part of the road allowance be surplus and to pass a by -law to close that part of the road allowance; THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and THAT 1825284 Ontario Limited (City Homes) be advised of Council's decision. PITCH IN WEEK THAT Report OPD- 001 -11 be received; and THAT all interested parties listed in Report OPD- 001 -11 be advised of Council's decision. 8. 4TH QUARTER PARKING REPORT THAT Report CLD -006 -11 be received; and THAT a copy of Report CLD -006 -11 be forwarded to the Bowmanville Business Centre for their information. 9. PROCEDURAL BY -LAW THAT Report CLD -007 -11 be received; THAT the proposed Procedural By -law included as Attachment No. 1 to Report CLD- 007 -11 be approved with the following amendments: a) Include wording, similar to the City of Ottawa's Procedural By -law, prohibiting Members of Council from using communication devices during Council or General Purpose and Administration meetings, exclusive of meeting recesses; Report #1 - 4 - February 14, 2011 b) Sections 4.2.1, 4.2.2. and 4.2.3. of the proposed Procedural By -law be amended, to add the following at the end of each of the three sections: "and that said meeting shall only be held within the Municipality of Clarington. "; and c) Sections 10.13.12 and 10.13.13 of the proposed Procedural By -law be amended to replace the word "Mayor' with "Chair" with regard to recorded vote. 10. TENDER NO. CL2009 -40 SNOW CLEARING & WINTER MAINTENANCE PROPERTIES, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS & CL2009 -43 SENIORS & PHYSICALLY DISABLED SIDEWALK & WINDROW SNOW CLEARING SERVICES THAT Report COD - 007 -11 be received; THAT the actions taken by the Manager of Purchasing with respect to the termination of the contracts CL2009 -40 and CL2009 -43 with Birds Property Management & Grounds Control, Hampton and the award of the contracts as follows, be endorsed: a. Contract CL2009 -40 — Snow Clearing and Winter Maintenance of Municipal Properties, Sidewalks & Parking Lots for Newcastle and Surrounding Areas awarded to B. J. Flint &Sons, Bowmanville, effective January 28, 2011; and b. Contract CL2009 -43 - Seniors and Physically Disabled Sidewalk & Windrow Snow Clearing Services awarded to B &D Tractor Services Limited, Bowmanville, effective January 28, 2011; THAT Bird's Property Management be removed from the Municipality's bidder's list and not be considered for future bid opportunities; THAT pending satisfactory pricing and service the contracts be extended for the reminder of the contract term (i.e., third year); and THAT the required funds be drawn from the respective year's operating budget for snow clearing and revenue generated from the seniors snow clearing program. 11. HEALTH BENEFIT CATEGORY BREAKDOWN THAT staff be directed to request, from our Health Benefit Insurance Carrier, a report which details a breakdown of benefit types paid out to employees of the Municipality of Clarington for the years 2008, 2009 and 2010. Report #1 - 5 - February 14, 2011 12. PRESENTATION OF SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE THAT the presentation of Sheila Hall, Executive Director, Clarington Board of Trade. be received with thanks. 13. DELEGATION OF FRANK LOCKHART REGARDING VALLEYS 2000 THAT the delegation of Rev. Frank Lockhart regarding Valleys 2000, be received; and THAT Rev. Lockhart and his Committee be thanked for their hard work and efforts in this project. SUMMARY OF BY -LAWS February 14, 2011 BY -LAWS 2011 -015 Being a by -law to exempt certain portions of Registered Plans 40M -2316 from Part Lot Control (Item 4 of Report #1) 2011 -016 Being a by -law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees, and to repeal By -law 2007 -227, as amended (Item 9 of Report #1) • arm (Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: C. Anne Greentree, Deputy Clerk Date: February 11, 2011 Subject: COUNCIL AGENDA — FEBRUARY 14, 2011 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. BY -LAWS 2011 -016 As you are aware, the proposed Procedural By -law was approved as amended during Monday's GPA meeting. For your information, please find attached the n w or revise secti ns of the Procedural By -law, Anne Greentree, CMO Deputy Clerk CAG /cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 F 905- 623 -6506 FINAL. LIST OF DELEGATIONS February 14, 2011 a) Libby Racansky — Clarington Strategic Plan (Correspondence Item D - 5) b) Tony Wood -- Municipal Advertising Policy (Correspondence Item 1- 12) C) Gord Lee, on behalf of Foster Creek Residents - Report ESD- 003 -11 -- Newcastle Fire Hall #2 — Relocation and Construction (Item 1(b) of Report #1) d) Jim Richards — Energy From Waste Facility — Clarington Residents Need Transparency (Correspondence Item 1- 14) -25- 10.13.3 Every Member present at a Meeting, when a question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 10.13.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, he or she shall be deemed to have voted in the negative. 10.13.5 A Member not in his or her seat when the question is called by the Chair is not entitled to vote on that question. 10.13.6 Each Member has only one vote. 10.13.7 The vote required to pass a motion shall be a simple majority except as otherwise provided by this Procedural By -law or by Statute. 10.13.8 The Chair shall announce the result of every vote. Unrecorded Vote 10.13.9 The manner of determining the decision of the Council, GPA or a Special Committee on a motion shall be at the discretion of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 10.13.10 Notwithstanding subsection 10.13.8, a Recorded Vote shall not be in order at GPA or Special Committee meetings. 10.13.11 When a Recorded Vote is requested by a Member during a Council Meeting, or is otherwise required, the Municipal Clerk shall record and vote of every Member. t;)s Pharr Motes test _ 10.13.12 The order in which Members vote on recorded votes shall be in alph a rca order of the Members present and voting, commencing with the Member who made the request and continuing through the alphabet and then back to the beginning of the alphabet, if necessary, until all Members have voted. The Chair shall vote last. 10.13.13 If a request for a recorded vote is made by the C.ha r, the order in which Members vote shall be in alphabetical order of the Members present and voting. The Ch ii shall vote last. 10.14 Conduct of the Audience 10.14.1 Members of the public who constitute the audience in the Council Chamber or adjacent to the Meeting room, or other such place where the Meeting is held in accordance with subsection 4.1 of this Procedural By -law, during a Meeting, shall maintain order and quiet and may not: a) Address Council, GPA or Special Committee without permission; b) Interrupt any speaker or action of the Members or any other person addressing Council, GPA or Special Committee; c) Speak out; d) Clap; e) Behave in a disorderly manner; or fj Make any other noise or sound that proves disruptive to the conduct of the meeting. WIN 4.8.6 The written notice referred to in subsection 4.8.5 above shall indicate the nature of the business to be considered at the special Meeting of Council, GPA or Special Committee and the date, time and place of the Meeting. Emergency Special Meetings 4.8.7 Where an Emergency special Meeting of Council is held in accordance with subsection 4.2.4, notice of the Emergency special Meeting shall be posted on the website as soon as practical following the Emergency special Meeting and shall, subject to subsection 4.7.1, indicate the nature of the business considered at the Emergency special Meeting. 4.9 Adjournment — Due Hour 4.9.1 Except as provided in subsection 10.12.34, a regular or special Meeting of Council, GPA or Special Committee shall adjourn at the hour of 11:00 pm, if in session at that time, and shall reconvene at such other day and time as Council, GPA or Special Committee, by resolution, may direct. VEYV#" gUage CommuncatfonDevices sirn�tarfaQtta }Ya's; 4 t 0A2 SUbsecttons 41 fl_ TI. 4' ;; Q 2 do, not; apply #urt g,a Meeting recess:: Section 5 — Committees 5.1 General Purpose and Administration Committee 5.1.1 There shall be one Standing Committee of Council, namely the General Purpose and Administration Committee of Council which shall be-organized as follows: a) The GPA shall be comprised of all Members of Council. b) Each Member shall be appointed as a Department Liaison as soon as is practical after the first Meeting of Council or a vacancy occurs for which he has been appointed Department Liaison. The Department Liaison shall take the chair during that portion of the GPA meeting dealing with the matters pertaining to the Department for which he has been appointed Department Liaison. C) The Mayor shall call the meeting to order, preside during presentations and delegations, and chair that portion of the meeting dealing with the matters pertaining to the Department for which he has been appointed Department Liaison. As well, the Mayor shall chair those portions of the meeting dealing with matters raised under Other Business or.continued to be considered under Unfinished Business of the agenda and the motion to adjourn. 5.2 GPA Mandate 5.2.1 The GPA shall consider all reports submitted to it by the Chief Administrative Officer or Director of a Department, except where the GPA tables or refers the report back to the Chief Administrative Officer or Director -5- 3.3.3 If, at a Committee Meeting, the Chair desires to leave the chair to move a motion or to take part in the debate pursuant to subsection 3.3.1, or otherwise, the Chair shall tail on the Mayor to preside until the Chair resumes the chair. If the Mayor is chairing the Committee meeting, the Deputy Mayor shall be called upon to preside until the Mayor resumes the Chair. 3.4 Duties of a Member of Council 3.4.1 A Member of Council shall have the following duties: a) to deliberate on the business submitted to Council, GPA or Special Committee of Council, as the case may be; b) to vote when a motion is put to a vote; C) to Chair the portion of the GPA Meeting for which he is the Department Liaison and assume the duties of the Mayor as detailed in subsection 3.9.1 with the exception of subsections 3.1.1 a), I) and o); and d) to apply and respect the Rules of Procedure. Section 4 -- Meetings 4.1 Regular Meetings 4.1.1 Unless otherwise directed by Council, the regular Meetings of Council and GPA shall be held in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON and at the dates and times as determined by Council resolution. 4.1.2 Unless otherwise directed by Council, the Special Committee Meetings shall be scheduled by the Special Committee Chair at times and locations as deemed appropriate to the mandate of the Special Committee. Rte[ -- �eeta€�tus �n 4.2 Special Meetings Glangt�rtonlys'" 4.2.1 In addition to regular Meetings, special Meetings of Council or GPA shall e held upon written direction signed by the Mayor and delivered to the Municipal Clerk stating the date, time, location, and purpose of such 4.2.2 The Mayor may, at any time, summon a special Meeting of Council or GPA and shall summon a special Meeting of Council or GPA when requested to do so in writing by a majority of Members at the time mentioned in the request. andtlat "said "estihd shall:anly beil3eld w uriicinatttv'cif 4.2.3 The Municipal Clerk shall summon a special Meeting of Council or GPA, when requested to do so in writing by .a majority of the Members, at the time mentioned in the request. Md thatsa d meeting shall on0e held ithm the Municjpai�ty of_Claringt�n 424 Notwithstanding subsection 4.2.1, on urgent and extraordinary occasions, an emergency special Meeting of the Council may be called by the Mayor, without advance notice being given by the Municipal Clerk pursuant to this by -law, to consider and deal with such urgent and extraordinary matters. In this case, consent of two- thirds of the Members to hold such Meeting is necessary and such consent, if any, shall be recorded in the minutes by the Municipal Clerk. f: A" -. Shaping r ;o your �,r € future... �` 9 "+ fir, �.•• A `� ..� � ,, �{ �i! �. f r; ping }our Shaping ,...- a ... r future... -vim,._ �•w yl. .�__ =jl y irk ?.�tif4� a_ f t i ip it •. iP,.g *r ..,r -��, ti # fin. • i �� t r ' We work collaboratively with our community partners in promoting and facilitating the development of a skilled, relevant, inclusive and adaptive work force We identify key training and employment - related needs in the Durham community and work to address those needs Integrated Local Labour Market Plan • Published September 2009 3 - 5 year plan-21 actions proposed • 3 themes: to inform; to attract. and retain; to develop Single Goal: "lifelong education, training and access to information to maintain or secure employment in a changing labour market" September 2oog Forward To Inform -Web portal for immigrants Green economy - industry case studies, emerging occupations -Science and agriculture HS pilot *Women's conference *Community Services Fair *Construction Sector— projected trades intake To Develop To Attract and Retain *Local industry tour for teachers Local Diversity and Immigration Partnership Council -Job fair • "A Future to Build On" -Health and nursing career days for students and teachers •Welcome Centres for newcomers •Universal action centre for displaced workers •Proposal - Personal Support Worker (PSW) intake from pool of unemployed Future Plans •2011 ILLMP — update economic activity, labour market indicators, action plans, progress *Annual events for students and teachers *Occupational profiling *Re- positioning tradeability.ca ;Mentorship partnership program for internationally trained individuals *Professional development for front line employment assistance support staff *Web repository Sector studies DURHAM REGION LOCAL TRAINING BOARD LA COMMISSION LOCALE DE FORMATION DE LA REGION DE DURHAM 145o Hopkins Street Suite loo Whitby, ON L1 N 2C3 Phone: 905- 666 -3620 e -mail: localtrainingboard@drltb.com www.drltb.com www.tradeability.com FOCUS : LIVEABLE community, which will retain its unique identity, its distinct rural and urban boundary and waterfront ( ) and take action to improve the air, water and soil quality. Managed growth and development will occur within the context of environmental protection and sustainability and land use compatibility. Adaptation to climate changes should be a MUST. A LEADING community, which advocates municipal interests to other levels of government to secure sustainable funding and supportive relationships effectively coordinates services, responds to growth management, strives to continually increase resident engagement in municipal decision - making and offer residents easy access to municipal information. A VIBRANT community, which is safe, healthy and attractive, where residents and businesses enjoy a high quality of life and embrace their rich culture and heritage through its events and community -based programs, active volunteer sector, strong leadership between groups and organizations. Clarington should promote an efficient integrated transportation network and alternate modes of transportation that is doable. A PROSPEROUS community which encourages the continued growth of sustainable economic base in Clarington and is recognized as a municipal leader in terms of responsible fiscal management through manageable tax rate changes and sustainable fiscal planning. As a prosperous community, Clarington will maintain and enhance the existing infrastructure develop new infrastructure that is transit friendly, sustainable and responsive to needs.! AM, �,. The p illars of success:= To define and strengthen Clarington's unique identity as agricultural community with many environmental features, parklands that must be protected for food security and production, health and safety of the residents. We have to work with what we have to be successful. Sustainable diverse businesses should be supported, new employment positions should be created (reuse /recycle, new products that would reduce dependency on landfill and export of waste new energy that would be strategically placed Clarington should establish campus where students could learn how to adapt all life, personal /business, incl. agriculture to climate and current economic changes. Our previous plans have to be revisited to increase awareness of climate changes and their effects on the environment, economy and our health. Our transportation system must be integrated, affordable, convenient and environmentally responsible to promote recreation and tourism. nclusion: These are just few steps that could lead to Regional Strategic Plan vision MLto create vibrant diverse community with exceptional way of life. • a wry law r •f1 To achieve liveable communities, these points would have to be looked at first (prior to Strategic Plan): 1. Review and revision of the Environment Section of our OP 2. Update Tree Protection, Site Alteration and Burning By -law; establish Clean Air By -law 3. Upgrade of Property Standards By -law (11) 4. Review of Conditions of Approval of Subdivision (12) 5. Establishment of Joint Agricultural /Environmental /Business Advisory Committee 6. Mitigation and compensation of adverse effects of some local, regional, provincial and federal projects should be requested (14) Loss of natural features in Durham to 407: (yellow line —East link and wetlands) 476 ha of forest 280 ha of interior forest 309 ha of wetlands 1065 ha total loss A single mature tree can absorb carbon dioxide at a rate of N Ibs /year and release enough oxyge to support 2 humans; 1065 he into can remove daily 240 lb! particulates, 45 pounds of nitrogen d Ibs sulphur dioxide, 15 lb carbon mo 500 IN of carbon ihtlY IALV- akin dRUlt4.Viall,pnalils IIUnl, Figure A2-4 NO; Annual Means at the Courtice Station and Selected Ontano Cities i2a lrld a so e� 117 `CP D .1cS 0 �o. .� C ~O �a •�`` Ilnlrs: 'fnwl6rSt,llle« 7a4R.auual Arran cwu ndraem nienu1r ed a[fapr lk�Pn,wl muna•uliKc WlhaM A nnual urom5fa .tller Untai. �iNes•1VU/uNmdnrtam laFer lrma Au Oualitf is elK.lio 2hU /Rrpml Onlwin 1. iwr50 Ou4mhnnxmA Air Quality Assessment Technical Study Report JUIy 31, 2009 Iliarn Kamkwamba's wind turbine by Tom Reillyin, village in Malawi, southeast i1 P,' Gfc ( C� �� to �� � " / e tU- '11FEB15 HNI1-34-- 15 j - Handout Presentation to Council re: Report COD 008 -11- February 15, 2011 According to your finance department report, ♦ From 2002 to 2006 Metroland advertising cost $727,000. From 2007 to Dec. 2010 Metroland advertising cost $316,000. This is a gross savings of $411,000 since Clarington.net has been published. ♦ Clarington.net costs $108,000 over 4 years. ♦ The net savings are therefore $303,000 over 4 years. ♦ Average annual savings are $75,750. ♦ Attach. #1 of report has two errors it shows 12 tabloids for Clarington net per quarter this should be 8 tabloids or 32 per year. Secondly it shows $27,000 as an annual budget increase amount it should be $56,000 because Metroland charges $1750 per tabloid and not the $843 it costs Clarington.net. Consequently this report should show a budget amount of $120,000 and not $91,000 unless there is a plan to reduce current content of Clarington.net by more than half. ♦ I suggest we don't eliminate Clarington net instead set aside one page for advertising -1 page of business card size ads at 16 per page times 4 issues a year equals 64 ads at $356 per ad equals $22,784 annually, enough to pay for 85% of the publishing cost. Recreation & Leisure has a person commissioned to solicit advertising. Could they also do this for Clarington.net? ♦ This report does not address the advantage that Clarington.net reaches 30,000 households through Canada Post. Metroland only reaches 24,000 households and how many of them end up in a ditch? According to a communications professional I spoke with there are no disadvantages to Clarington net outlined in this report that cannot be resolved without a little brainstorming and certainly not enough to justify the kind of money you are being asked to spend. Practically and financially this report does not make sense. ♦ Reject the recommendations of Report COD 008 -11 we will continue to save $75,750 annually and to incorporate 1 page of advertising in Clarington.net we would increase our savings by another $22,784 to almost $100,000 annually. ♦ All these numbers are arrived at through your Finance Department, attachment #1 of the Report and Clarington. Net /advertising. Tony Wood Significant demand on staff time to collect and prepare k material for inclusion L ger financial contribution required Intense production schedule (approximately 4 weeks DISADVANTAGES per issue) Nei her publication has 100° coverage of the Municipality Content can be repetitive of material in'other publications - e.g. Recreation & Leisure Guide, municipal website Content is not always. current relative to production schedule U �,ci)) Timing of release prevents the publication from being y useful to promote activites such as public meetings, public information rentrPS Ia7�7:,VCl, y, , NUMB �t of 188' ;:" a , S:; .; y�y Attachments #1 to re ort COb -008- p 11 , 4 r -! ,r „ . -�... ✓ �_c,..,,...wu .rz-: '. �.� .� o-ae:..,a2 c.. �,a,y_,. ertx, s..�:.a� � .�� (;Ei ax k���Wl� ,r,�� , .. „x. , ne,,�t , r � M :.. o. , . ?..e e.._ << ,r _ ,._ , .., �.p .., Significant demand on staff time to collect and prepare k material for inclusion L ger financial contribution required Intense production schedule (approximately 4 weeks DISADVANTAGES per issue) Nei her publication has 100° coverage of the Municipality Content can be repetitive of material in'other publications - e.g. Recreation & Leisure Guide, municipal website Content is not always. current relative to production schedule U �,ci)) Timing of release prevents the publication from being y useful to promote activites such as public meetings, public information rentrPS Ia7�7:,VCl, y, , NUMB �t of 188' ;:" a , S:; .; Ai�erage eek `Average 20�,weeks COST PER YEAR TOTAL $27,000 $50,0 0 $14,000 TOTAL $64,000' Municipality controls the message & content uality Significant municipa content Significant community content (provided by mu icipal Information is curren and on -time - no duplication of materials in other agencies listed previously) municipal publication Topics and space are limited Spot colour (blue) is u ed although colour is available for an additonal fee ADVANTAGES Pictures can be used throughout Specific publication da e - Wednesdays - making it easier to teach the community where and hen to look for our information. Distribution reaches northern parts of the communit Distribution and locatio of information is consistent Supported by the municipal websites and social med Departments submit ad ertisino requirements weekly (traditional , feeds deadline being Wednesday prior to the desired publication date) Municipality controls the message and the quality of information Supported by municiapl wegbsite and social media feeds Less demand on staff reso urces outside of Communications Significant demand on staff time to collect and prepare k material for inclusion L ger financial contribution required Intense production schedule (approximately 4 weeks DISADVANTAGES per issue) Nei her publication has 100° coverage of the Municipality Content can be repetitive of material in'other publications - e.g. Recreation & Leisure Guide, municipal website Content is not always. current relative to production schedule U �,ci)) Timing of release prevents the publication from being y useful to promote activites such as public meetings, public information rentrPS Municipality of Clarington Vendor Summary Prepared by: MS /Nov 3, 2010 Customer Cust.ID 2004 2005 2006 2007 2008 2009 2010 Total Orono Weekly Times ORON0008 $6,698.06 $ 22,880.51 $32,558.74 $27,114.11 $26,296.30 $19,298.42 $18,187.16 $153,033.30 Clarington This Week METR0002 /0007 $150,787.05 $169,434.78 $191,169.81 $115,843.86 $98,246.82 $62,270.85 $43,564.63 $831,317.80 $157,485.11 $192,315.29 $223,728.55 $142,957.97 $124,543.12 $81,569.27 $61,751.79 $984,351.10 .7 6-00