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Home My WebLink About03/07/2011• irgizing Ontario DATE: MONDAY, MARCH 7, 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 February 14, 2011 PRESENTATIONS a) Steven Rowe, Environmental Planner — Report PSD- 024 -11 — Durham/York Residual Waste Project Analysis of Host Community Agreement Role in the Environmental Assessment Approval for the Energy From Waste Project (Staff Report #1) DELEGATIONS (List as of Time of Publication) a) Kaylin Morissette and Julie Cryderman — Request for Financial Assistance - U19 World Championship - Women's Field Lacrosse (Correspondence Item D -10) b) Mark Foley — Report PSD- 016 -11 - Two (2) Proposed Draft Plans of Subdivision and Two (2) Zoning By -Law Amendment Applications to Permit a Mixed Residential Development (Kingsberry Properties (1317870 Ontario Limited) & William Tonno Construction Limited) (Item 3 of Report #2) COMMUNICATIONS Receive for Information 1- 1 Minutes of the Newcastle Community Hall Board dated January 18, 2011 1 - 2 Minutes of the Newcastle Memorial Arena Management Board dated January 11, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - March 7, 2011 1 - 3 Minutes of the Central Lake Ontario Conservation Authority dated February 15, 2011 1 - 4 Minutes of the Clarington Heritage Committee dated February 15, 2011 1 - 5 Kaitlyn Black, Communications & Community Development Coordinator, Big Brothers & Sisters of Clarington - Annual Food & Wine Festival 1-6 Mayor John Henry, City of Oshawa — Phasing of the Highway 407 East Extension 1 - 7 Barb Houghton- RAMP it up! Petition 1 - 8 V. Lovekin, BIA Interim President, Newcastle Downtown Business Improvement Association —Accessible Designated Parking Space 1 - 9 Rob Messervey, Chief Administrative Officer, Kawartha Conservation — Commercial Fill Activity 1 - 10 Gail Rickard, Chairperson, Clarington Public Library Board — Provincial Funding Model I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa - City of Oshawa Comments — Transit Project Assessment Process Environmental Assessment and Preliminary Design Study: Oshawa to Bowmanville GO Train Service Expansion 1 - 12 Joint Review Panel, Darlington New Nuclear Power Plant Project — Joint Review Panel Public Hearing Schedule 1 - 13 Gail Empey, Clerk, Township of Cavan Monaghan — Highway 407 East Extension 1 - 14 Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services - Emergency Management and Civil Protection Act (EMCPA) Receive for Direction D - 1 Brent Van Luven, President, Bowmanville and District Navy League- Request for Tag Days D - 2 Ev and Lorne Heard — Clarington's Long -Term Vision D - 3 Tracylynn Hu, Area Administrator, Heart & Stroke Foundation — Durham Region —Heart. and Stroke Big Bike Fundraising Event Council Agenda - 3 - March 7, 2011 D - 4 David Staples — Request for Permission to Hold Annual Parades — Orono Agricultural Society Fair D - 5 Garth Gilpin, Secretary Treasurer and General Manager, Historic Downtown Bowmanville Business Centre - Request for Road Closures for 2011 Events D - 6 Sheila Hall, President, Rotary Club of Courtice — Request for Funding and Road Closure —Annual Canada Day Fireworks Celebration D - 7 Wayne Routly, Rotary Club of Bowmanville — Request for Permission to Hang Banner —Annual Ribfest D - 8 Robert Kreasul — Dredging of Bowmanville Creek D - 9 John Bennett, Executive Director, Sierra Club of Canada - Support for Canada Water Week D - 10 Kaylin Morissette and Julie Cryderman — Request for Financial Assistance D - 11 Linda Rumble, Volunteer, Trillium Gift of Life Network, Volunteer, Durham Region Organ and Tissue Donation Awareness Group — Lighting Request D - 12 Ron Beer, President, Young Songwriters'— Youth Initiative D - 13 Mayor Steve Pellegrini, Township of King — Oak Ridges Moraine Land Trust 10th Anniversary Stewardship. Campaign D - 14 Gord Lee — Petition to Construct Newcastle's New Fire Hall on the Original Planned Site on Highway 2 D - 15 Marion Saunders, President, Newcastle /Bond Head Ratepayers' Association — Location of Fire Station #2 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of February 25, 2011 2. General Purpose and Administration Committee Report of February 28, 2011 STAFF REPORT(S) 1. Report PSD- 024 -11 — Durham/York Residual Waste Project Analysis of Host Community Agreement Role in the EA Approval for the EFW Project 2. Confidential Verbal Report of the Municipal Solicitor regarding Host Community Agreement Council Agenda - 4 - March 7, 2011 3. Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters Association, Local 3139 Negotiations 4. Confidential Verbal Report of the Chief Administrative Officer regarding Personnel Matter BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Neal, seconded by Councillor Traill "WHEREAS s. 11 (2) of the Municipal Act, 2001, as amended ( "the Act "), permits municipalities to pass by -laws respecting the health, safety and well - being of persons; WHEREAS s..128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not passed air regulations that focus on fine particulate matter, evaluate together ambient conditions and new emissions, assess the human and public health impacts of such conditions, or limit cumulative concentrations; and WHEREAS the Corporation of the Municipality of Clarington considers it appropriate and in the public interest to prevent or reduce adverse effects to its residents and public health due to fine particulate matter in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT: Staff be authorized to retain consultants and experts to help develop guidance documents for general assessment and air modeling; and 2. Staff be directed to, in consultation with the general public, draft a by -law with respect to the regulation of fine particulate matter." UNFINISHED BUSINESS Report ESD- 003 -11 — Newcastle Fire Hall #2 - Relocation and Construction (Tabled at the Council Meeting of February 14, 2011) BY -LAWS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT �/�r�t 1�.1.� 11 Lending tke Way Council Meeting Minutes FEBRUARY 14, 2011 Minutes of a regular meeting of Council held on February 14, 2011 at 7:00 p.m., in the Council Chambers. Councillor Partner led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper, attended until 9:14 p.m. 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 Purchasing Manager, J. Barber Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:50 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency Services /Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 3 of Report #1. ANNOUNCEMENTS Councillor Novak announced the following: • She, along with Mayor Foster and Councillor Hooper, attended the Annual General Meeting for the Hampton Hall and extended appreciation to the Hall Board members. • She attended the Sweetheart Dance fundraiser in support of the Bowmanville Hospital on Saturday, February 12, 2011 and extended appreciation to all the volunteers. Council Meeting Minutes - 2 - February 14, 2011 • She attending the ribbon cutting ceremony for Helping Hands Day Care welcoming the new business to Courtice. Councillor Hooper announced that today he, and Mayor Foster, welcomed participants of The Sickle Cell Torch of Life Run, a run to raise awareness of the need for organ and tissue donation and Thalassemia disorders, as they passed through Clarington. Councillor Traill announced this weekend, the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry Local 463 will hold a Polar Bear Golf Classic and Chili Cook -off. Councillor Traill also extended congratulations to the Jaworski family regarding the announcement that the charges against Marta and Lech Jaworski were dropped by the Municipality of Clarington. Councillor Partner announced that the Newcastle Horticultural Society is holding a fundraising event on Friday, April 1, 2011, at the Newcastle Community Hall in support of the Society's Victorian Garden Project. The number one Eagles tribute band in North America "Hotel California" will be in concert. Tickets are $25.00. Councillor Partner also recognized Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board, in attendance this evening. Councillor Woo advised of the friendly competition between Gabrielle Bell and Fred Horvath to see who can sell the most tickets to the "Hotel California" fundraising Concert. Mayor Foster announced the following: • On Sunday, February 13, 2011 he attended the Kendal Lions Pancake Breakfast. • He acknowledged the Torch of Life Run through Clarington today. The run started in Ottawa on February 1 and participants hope to be in Toronto by February 17, 2011. • He welcomed T -Zone, a new fitness business at 100 Mearns Avenue. Resolution #C- 080 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held on January 31, 2011, be approved, with the following amendments: delete the I" symbol in front of 9,800 referenced on Page 6 as part of Chairman Anderson's presentation correct reference to "Mr." Bracken to "Ms." Bracken on Page 11 as part of Wendy Bracken's delegation indicate that Resolution #C- 074 -11 was "MOTION LOST" rather than "MOTION Council Meeting Minutes - 3 - WITHDRAWN" February 14, 2011 "CARRIED LATER IN THE MEETING" Councillor Neal indicated that he had reviewed the DVD recording of the January 31, 2011, Council meeting and requested that the question and answer session with Chairman Anderson be included in the minutes. The Municipal Clerk clarified that Section 228(1) (a) requires the Clerk to record, without note or comment, all resolutions, decisions and other proceedings of the Council. She indicated that the question and answer session would constitute "note or comment ". Mayor Foster concurred with the Municipal Clerk's interpretation. Resolution #C- 080 -11 was then put to a vote and "CARRIED ". PRESENTATIONS Rick Lea, Executive Director, Durham Region Local Training Board, addressed Council to present the Boards' Local Labour Market Plan for Durham Region. Mr. Lea stated the Board is a Not - for - Profit organization comprised of seventeen directors with a unique composition of members representing organized labour, business, Francophones, persons with disabilities, youth, women, private and public sector educators and trainers and racial minorities and also includes three staff members. He stated the Durham Region Board is one of twenty -five local Boards in Ontario who receive their core funding from the Ministry of Training, Colleges and Universities. Mr. Lea advised the Board does not provide training or deliver services directly to the public per se; instead they identify key training and employment issues in the Durham Region through consultation with various stakeholders in the community, and then work to address those issues, generally in partnership with industry and education. He stated the work is done collaboratively with their community partners in promoting and facilitating the development of a skilled, relevant, inclusive, adaptive and relevant work force. Mr. Lea indicated that two and a half years ago the Board was selected to lead a demonstration pilot project to develop an integrated local labour market planning (ILLMP) model for the Region of Durham. He stated extensive labour market research and broad consultation with the Durham community was undertaken culminating with the production of a lengthy document designed to be a three to five year plan. Mr. Lea indicated the Plan identified twenty -one different actions required to address key needs over a five -year period, with three themes — to inform, attract and retain, and to develop. He stated the Board has been able to advance eleven initiatives over the past sixteen months. Mr. Lea referred to a PowerPoint presentation to provide an overview of the three themes and to identify initiatives in response to proposed actions, including improved service delivery for immigrants, developing an understanding of emerging green economies including involvement with partners in the GTA to come up with a series of industrial studies that will focus on emerging careers, representation on the new Local Diversity Council, and hosting Council Meeting Minutes - 4 - February 14, 2011 a Durham Job Fair in October, 2010 which recorded attendance of 770 people and included pre- and at -event workshop for skills development. Mr. Lea stated Welcome Centres for newcomers are being developed and will help to uncover hidden talent, there will be events for students and teachers including the 10th Career Information Day and there is a proposal to assist pre - qualified workers with entry into Durham College's pre - health upgrade program. Mr. Lea reviewed future plans including annual events for students and teachers, occupational profiling, re- positioning of the tradeability.ca website, development of mentorship partnership programs to pair highly skilled immigrants with professionals in their fields, and professional development for front line employment assistance support staff. Mr. Lea invited Members of Council to contact him for further information or to provide information on other working groups that may benefit from the Board's services. DELEGATIONS Libby Racansky addressed Council concerning Correspondence Item D — 5 - Clarington Strategic Plan. Ms. Racansky stated she is very concerned about the public's health and safety which is dependent on the environment. She indicated that the natural environment, such as trees, wetlands and farmland are the only features that may improve very poor air /water and soil quality and she is concerned that the natural environment will be completely left out of the Municipality's Strategic Plan. Ms. Racansky feels that the survey will not allow residents to participate fully, noting that all municipal Strategic Plans, including the Region of Durham's, include natural environment and direct actions on the protection of natural environment and climate change. Through use of a PowerPoint presentation, Ms. Racansky reviewed a number of points she requested to be included in the Plan including protection of the small area located around Tooley Creek and the hedgerows within the site of the proposed EFW facility, mitigation measures to improve air quality and address the issue of additional land being expropriated as a result of the proposed Energy From Waste project, adaption to climate change and changing economy, greening of urban boundary areas, and protection of small businesses. She questioned why the municipality is spending money on an Ontario Municipal Board appeal regarding expansion of urban boundary and suggested that the Municipality could still withdraw the appeal, apply the savings plus the money spent for the survey to develop by -laws to make residents' lives easier. Ms. Racansky stated that new energy types should not further impact the few open spaces in urban or rural areas, provided examples of suitable locations, and suggested that Council work with proponents /owners and the Province to identify proper placement. Tony Wood addressed Council concerning Correspondence Item I — 12 - Municipal Advertising Policy. Mr. Wood referred to staff Report COD - 008 -11 and distributed a copy of Attachment #1 to the staff report. Mr. Wood quoted advertising costs from Report COD - 008 -11 for both Metroland and the cost of publishing Clarington.net. He pointed out that Attachment #1 shows 12 tabloids for Clarington.net per quarter and it should state eight tabloids or 32 per year, it also shows $27,000 as an annual budget increase amount but should show $56,000 as Metroland charges $1750 per tabloid and not the $843 it costs for Clarington.net. Council Meeting Minutes - 5 - February 14, 2011 Mr. Wood feels that consequently, the report should show a budget amount of $120,000, not $91,000. Mr. Wood suggests that Clarington.net should not be eliminated and that one page be set aside for advertising of business card size ads which would generate enough annual income to pay for 85% of the publishing cost. Mr. Wood indicated that Clarington.net reaches 30,000 households through Canada Post vs. 24,000 through Metroland. Mr. Wood requested that Council reject the recommendations contained in Report COD - 008 -11 and continue to publish Clarington.net with the incorporation of a page for advertising to raise revenue. Gord Lee, on behalf of Foster Creek Residents, addressed Council concerning Item 1(b) of Report #1 - Report ESD- 003 -11 — Newcastle Fire Hall #2 — Relocation and Construction. Mr. Lee stated area residents are deeply concerned with the change in location for the new fire hall. Mr. Lee expressed concern that traffic lights will be required at the intersection of Rudell Road and Highway #2 at the Municipality's expense and that a significant amount of engineered fill will need to be brought to the site. He stated the exit road will be north to Highway #2 but that the direction when leaving the hall in an emergency will be up to the Fire Captain. He is concerned that any fire calls south of the station will travel through their subdivision. Mr. Lee stated Edward Street is a very busy residential street, with many cars parking on both sides of the street, there are two parks, playgrounds, baseball diamond, three Four -way stop signs, a direct route to Newcastle Recreation Centre, and eight school bus stops along the way. Mr. Lee feels that with the fire hall on Rudell Road, Edward Street will become the quickest way for volunteers to get to the fire station. Mr. Lee also assumes that the call out ratio will increase as Ward 4 expands. He stated that the Municipality has already set precedents in having services installed and then been paid back and questions why services cannot be installed on the Highway #2 site. Mr. Lee indicated that in his discussions with Members of Council, he believes that not all members are in favour of this location. Mr. Lee compared the locations and suggested that Members of Council and staff attend both intersections to see for themselves that the right decision has been made for the sake of both seniors and children. Jim Richards addressed Council concerning Correspondence Item I — 14 - Energy From Waste Facility — Clarington Residents Need Transparency. Mr. Richards expressed concern that Council is fast gaining the reputation of passing motions at one meeting and then rescinding them at the following meeting. Mr. Richards suggested that Council rescind a previous motion appointing Faye Langmaid, Manager of Special Projects, as the Municipality's representative on the Energy From Waste Advisory Committee and nominate Councillor Woo, with the Director of Planning Services as an alternate instead, as Ms. Langmaid cannot be held accountable to the taxpayers. Mr. Richards feels that the Committee should have an elected official to protect Clarington's interests. He also suggested that Council revisit the 2009 motion declaring Clarington a "Willing Host" to the incinerator and declare Clarington as an "Unwilling Host" to reflect the wishes of the community. Council Meeting Minutes - 6 - February 14, 2011 Mr. Richards also suggested that the Regional Solicitor's letter which was considered by Council on January 31, 2011, be sent to Regional Council for direction as he feels that Regional Council will not support the overtones in the letter and that the Municipality cannot be faulted for doing its due diligence. Mr. Richards also requested that Clarington's Regional Council members show leadership at the Region and cautioned that as the previous Council failed its residents, he hopes that this Council does not repeat the same mistakes. COMMUNICATIONS Resolution #C- 081 -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 - 10 and I - 14. "CARRIED" I - 1 Minutes of the Central Lake Ontario Conservation Authority dated January 18, 2011. 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. 1 - 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.gotransit.com. Council Meeting Minutes - 7 - February 14, 2011 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; 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." Council Meeting Minutes - 8 - February 14, 2011 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; 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." 1 - 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. Council Meeting Minutes - 9 - February 14, 2011 I - 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 (DRPS), local municipal fire departments, Ontario Power Generation (OPG) and various departments within the Region be accepted; 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 DRPS Capital 547,000 Reserve Total First Year Funding 922 000 With the balance of funding requirements to be part of the 2012 to 2014 Business Plans and Budgets; and Council Meeting Minutes -10- February 14, 2011 d) THAT the Regional Chair and Clerk be authorized to execute an agreement with Lansdowne Technologies Inc. covering these requirements." 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. 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 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. Resolution #C- 082 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I — 10 from K. R. (Bob) Malcolmson, C.E.O. & General Manager, and Cris Douglas, President, Greater Oshawa Chamber of Commerce, with respect to the Highway 407 East Expansion, be endorsed. "CARRIED" Council Meeting Minutes - 11 - February 14, 2011 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. Resolution #C- 083 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the comments presented by Sally Thurlow regarding the need for Council to listen to delegates, share whatever inside knowledge they have with new Councillors, and suggesting that the best outcome is better achieved with everyone working together, be endorsed. "MOTION LOST" Resolution #C- 084 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 10 from Sally Thurlow, providing comments with respect to transparency regarding the Energy From Waste Facility, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C- 085 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 5 be approved as per the agenda. "CARRIED" Council Meeting Minutes -12- 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. (Proclaimed) 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. (Proclaimed 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. (Approved 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. (Proclaimed) Council Meeting Minutes - 13 - 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. (Correspondence referred to the Chief Administrative Officer for consideration in preparation of the Clarington Strategic Plan) D - 6 Lynda 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. Resolution #C- 086 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Lynda Motschenbacher be granted a 6 month extension for the use of temporary living quarters at 8535 Ormiston Road subject to signing a further Letter of Undertaking. "CARRIED" 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. Council Meeting Minutes -14- February 14, 2011 Resolution #C- 087 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Bill Howes be nominated as the Municipality of Clarington's Community Member representative on the Durham Region Transit Authority. "CARRIED" 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: "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; Council Meeting Minutes -15- February 14, 2011 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 vi) Be responsible for 100 per cent 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." Resolution #C- 088 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Region of Durham, with respect 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, be endorsed and that the Mayor and staff meet with the Province and Metrolinx to ensure that the GO Rail Service Expansion to Bowmanville be funded for completion at the earliest possible date. "CARRIED" 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: Council Meeting Minutes -16- February 14, 2011 "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, CAF# 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; 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." Resolution #C- 089 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT the resolution from the Town of Ajax, with respect to the Community Adjustment Fund Deadline, be received for information. "MOTION WITHDRAWN" Council Meeting Minutes -17- February 14, 2011 Resolution #C- 090 -11 Moved by Councillor Woo, seconded by Councillor Novak THAT the resolution from the Town of Ajax, with respect to the Community Adjustment Fund Deadline, be endorsed. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 7, 2011. Resolution #C- 091 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of February 7, 2011 be approved, with the exception of Items #1(b), #3, #5, and #9. .. 9 Resolution #C- 092 -11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Item #1(b) of Report #1 — Report ESD- 003 -11 — Newcastle Fire Hall #2 — Relocation and Construction be tabled until the Council meeting of March 7, 2011. "CARRIED" Councillor Hooper stated a pecuniary interest with respect to Item #3 of Report #1 as he owns property in downtown Bowmanville, which is referenced in Section 1.2 of Report PSD- 013 -11 and left the Council Chambers during discussion and voting on this item. Item #3 Resolution #C- 093 -11 Moved by Councillor Neal, seconded by Councillor Novak THAT Report PSD- 013 -11 be received; and Council Meeting Minutes - 18 - February 14, 2011 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. "CARRIED" Councillor Hooper returned to the meeting. Item #5 Resolution #C- 094 -11 Moved by Councillor Hooper, seconded by Councillor Partner 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. "CARRIED" Item #9 Resolution #C- 095 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report CLD -007 -11 be received; and 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; 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 Council Meeting Minutes _19- February 14, 2011 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. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motions) Resolution #C- 096 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C- 095 -11 be amended such that the proposed Procedural By -law be amended to provide that all meetings, both closed and open sessions, be recorded by audio recording equipment. "MOTION LOST" Resolution #C- 097 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Part (b) of the foregoing Resolution #C- 095 -11 be amended to add the words "preference be given" prior to the words "that said meeting ". 'I The foregoing Resolution #C- 095 -11 was then put to a vote and CARRIED AS AMENDED. STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. Council Meeting Minutes -20- February 14, 2011 UNFINISHED BUSINESS Resolution #C- 098 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT the presentation of Rick Lea, Executive Director, Durham Region Local Training Board, be received with thanks. "CARRIED" BY -LAWS Resolution #C- 099 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2011 -015 and 2011 -016 2011 -015 Being a by -law to exempt certain portions of Registered Plans 40M -2316 from Part Lot Control 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; and THAT the said by -laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION Councillor Neal and Councillor Traill gave notice that they will be introducing the following motion at the next Council meeting: "WHEREAS s. 11 (2) of the Municipal Act, 2001, as amended ( "the Act "), permits municipalities to pass by -laws respecting the health, safety and well -being of persons; WHEREAS s. 128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; Council Meeting Minutes -21 - February 14, 2011 WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not passed air regulations that focus on fine particulate matter, evaluate together ambient conditions and new emissions, assess the human and public health impacts of such conditions, or limit cumulative concentrations; and WHEREAS the Corporation of the Municipality of Clarington considers it appropriate and in the public interest to prevent or reduce adverse effects to its residents and public health due to fine particulate matter in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT: Staff be authorized to retain consultants and experts to help develop guidance documents for general assessment and air modeling; and 2. Staff be directed to, in consultation with the general public, draft a by -law with respect to the regulation of fine particulate matter." OTHER BUSINESS Councillor Novak requested that the staff ensure that hand -outs provided by presenters and delegates are distributed to all Members of Council. Councillor Hooper stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By -law and left the meeting. CONFIRMING BY -LAW Resolution #C- 100 -11 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By -law 2011 -017, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of February, 2011; and THAT the said by -law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes -22- ADJOURNMENT Resolution #C- 101 -11 Moved by Councillor Novak, seconded by Councillor Traill THAT the meeting adjourn at 9:15 p.m. "CARRIED" MAYOR February 14, 2011 MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS March 7, 2011 a) Kaylin Morissette and Julie Cryderman — Request for Financial Assistance - U19 World Championship - Women's Field Lacrosse (Correspondence Item D - 10) b) Mark Foley — Report PSD- 016 -11 - Two (2) Proposed Draft Plans of Subdivision and Two (2) Zoning By -Law Amendment Applications to Permit a Mixed Residential Development (Kingsberry Properties (1317870 Ontario Limited) & William Tonno Construction Limited) (Item 3 of Report #2) SUMMARY OF CORRESPONDENCE March 7, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Newcastle Community Hall Board dated January 18, 2011 (Copy attached) 1 - 2 Minutes of the Newcastle Memorial Arena Management Board dated January 11, 2011 (Copy attached) 1 - 3 Minutes of the Central Lake Ontario Conservation Authority dated February 15, 2011 (Copy attached) 1 - 4 Minutes of the Clarington Heritage Committee dated February 15, 2011 (Copy attached) 1 - 5 Kaitlyn Black, Communications & Community Development Coordinator, Big Brothers & Sisters of Clarington, advising that the Big Brothers & Sisters of Clarington's Annual Food &. Wine Festival will be held at the Newcastle Community Hall on Saturday, June 11, 2011, from 12:00 noon until 5:00 p.m. and indicating that the event has been organized to raise funds for children's programs and to promote food and wine matching, that the event will be held partly indoors in the Community Hall and partly outdoors in the adjacent gardens and that pop -up tents will be used to provide shelter. 1 - 6 Mayor John Henry, City of Oshawa, writing to the Honourable Kathleen Wynne, Minister of Transportation, in response to the Minister's letter of February 2, 2011 in which she states that the Ministry is developing options for further discussion regarding the Highway 407 East Extension; indicating that neither he nor his political colleagues have been consulted regarding options and questioning when the community will have input into the options; suggesting that expediting construction of the Highway 407 East Extension from Pickering to Highway 35/115 is crucial to fulfilling the Open Ontario Plan as it will address congestion, quality of life, safety and environmental concerns, further economic development, tourism and job creation for all of southern Ontario and facilitate transportation of goods through the Greater Golden Horseshoe and the Quebec/Windsor corridor and referencing the Highway 407 East Extension Environmental Assessment which outlined similar conclusions; advising that the City of Oshawa is extremely disappointed that the parameters for completion of the highway were changed in June 2010 with no communication or input from Durham Region, its municipalities or the Cities of Peterborough and Kawartha Summary of Correspondence - 2 - March 7, 2011 Lakes; and, assuming that the process of "developing options" will be one of transparency and accountability; and, advising that he looks forward to meeting with the Minister to provide input into options for developing Highway 407 East through to Highway 35/115. 1 - 7 Barb Houghton forwarding a copy of the City of Oshawa's RAMP it up! on -line petition to the Legislative Assembly of Ontario opposing the decision to terminate Highway 407 East in Oshawa or Clarington and petitioning the Province to proceed with the Highway 407 East Extension project as planned and promised, in one continuous phase, from Brock Road in Pickering through to Highway 35/115, with a completion date of 2013; indicating that the City of Oshawa and government partners will be presenting the Highway 407 East Extension petition at Queen's Park in March 2011; and, encouraging the support of the "Let's RAMP it up!" campaign by signing the online petition and forwarding a hard -copy of the petition postcard to the City of Oshawa by March 1, 2011. 1 - 8 V. Lovekin, BIA Interim President, Newcastle Downtown Business Improvement Association, advising that on February 10, 2011, Board members were informed of the Municipality's plan to have a designated parking space at the southeast corner of King Avenue and Mill Street for drivers with accessibility requirements in response to parking and safety in the business area; and, indicating that Board members in attendance at the meeting unanimously supported the initiative. 1 - 9 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, advising that on January 19, 2011, Kawartha Region Conservation Authority supported a resolution adopted by the Greater Toronto Countryside Mayors Alliance in recognition of the potential impacts of major commercial filling activity within the watershed, reading as follows: "In recognition of the emerging commercial fill activity in the GTA, the GTCMA: • Supports the Township of Scugog's position that both the provincial and federal governments be strongly encouraged to play an active role in commercial fill activity through their regulation and enforcement; and Summary of Correspondence - 3 - March 7, 2011 • Requests that the federal and provincial levels of government provide legislative and regulatory clarity on the issue of how municipal by -laws apply to activities that are federally and provincially regulated." 1 - 10 Gail Rickard, Chairperson, Clarington Public Library Board, forwarding a copy of a news release from the Federation of Ontario Public Libraries (FOPL) proposing that the provincial government significantly increase its annual operating grants to Ontario public libraries from $18.7 million to $43.9 million over two years to enhance services and programs that support provincial priorities such as economic development, employment, early literacy and integration of new Canadians; forwarding a copy of Clarington Public Library Administration Report A3 -2011 regarding the Provincial Funding Model; indicating that at the January 2011 Library Board meeting, direction was provided to the CEO to write a letter to the Ministry of Tourism in support of the proposed new funding model which attempts to reinstate the approximate 40% cut in funding which occurred in the late 1990s and to adjust the grant to reflect increases in population and inflation rates; and, advising that the adjustment for Clarington Public Library would increase from $77,681 to $217,896. I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on January 31, 2011, the City of Oshawa adopted the following resolution pertaining to the City of Oshawa Comments — Transit Project Assessment Process Environmental Assessment and Preliminary Design Study: Oshawa to Bowmanville GO Train Service Expansion: 1. That Oshawa City Council urge the Province of Ontario and Metrolinx to expedite 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; and 2. That the comments contained in Report DS -11 -40 dated January 12, 2011, including Attachment 7, be endorsed as the City's comments with respect to GO Transit's Transit Project Assessment Process Environmental Assessment and Preliminary Design Study for the Oshawa to Bowmanville GO Train service expansion; and Summary of Correspondence - 4 - March 7, 2011 3. That staff be authorized to forward Report DS -11 -40 dated January 12, 2011 and any related resolution by the Development Services Committee to GO Transit for its consideration and to provide a subsequent follow -up once Council has considered this matter; and 4. That staff be authorized to provide comments on the forthcoming Environmental Project Report and any associated technical studies directly to GO Transit and the Ministry of the Environment for the remainder of the Transit Project Assessment Process and subsequently include any comments in the correspondence section of the Development Services Committee agenda; and 5. That CP Rail be requested to assess the impacts of operations along the CP Belleville Subdivision corridor in proximity to established residential areas, to ensure that impacts arising from CP Rail operations are appropriately mitigated in conjunction with impacts resulting from the proposed GO Train service expansion through Oshawa; and 6. That the Region of Durham be requested to amend the approved Regional Cycling Plan to incorporate additional Regional cycling routes on Regional roads, namely, an extension of the approved Thornton Road route southerly from Gibb Street to the proposed new Thornton's Corners GO Station, a new route along Consumers Drive between Thickson Road and Thornton Road South and an extension of the approved Gibb Street route easterly from Simcoe Street South to Central Park Boulevard along the proposed Gibb Street/Olive Avenue connection, to serve the proposed new central Oshawa GO Station; and 7. That City of Oshawa staff liaise with Metrolinx and the Region of Durham regarding the preparation of a Mobility Hub Master Plan focused on the central Oshawa station, in accordance with the provisions of the Regional Transportation Plan — "The Big Move" - and bring forward a proposal for this work at the appropriate time; and 8. That staff be directed to consult with the Development Services Committee on a public process intended to keep residents aware of any future plan changes by GO Transit; and Summary of Correspondence - 5 - March 7, 2011 9. That copies of this resolution and report be forwarded to the Honourable Dalton McGuinty, Premier of the Province of Ontario, the Honourable Kathleen Wynne, Minister of Transportation, Durham MPPs, and area municipalities in Durham." 1 - 12 Joint Review Panel, Darlington New Nuclear Power Plant Project, a proposal by Ontario Power Generation (OPG) for the site preparation, construction, operation, decommissioning and abandonment of up to four new nuclear reactors at the Darlington Nuclear site, announcing the schedule for the public hearing commencing March 21, 2011 and concluding April 8, 2011, to be held at the Hope Fellowship Church in Courtice; indicating the hearing will provide an opportunity for the proponent to explain the project and respond to questions, and for individuals, organizations, Aboriginal groups and government departments to provide their views on the implications of the proposed project; advising OPG will make an overview presentation on the first day of the hearing and make several short presentations on specific topics as outlined in the schedule, Government participants and interveners will make oral presentations to the Panel on the second or subsequent days of the hearing, registered participants will have ten minutes to make oral statements at various sessions throughout the hearing, time permitting, members of the public who have not already done so may have the opportunity to register at the hearing to make an oral statement, and written submissions from interveners that are not making oral presentations will be addressed as the schedule allows; and, indicating that the hearing schedule will be available on line and telephone lines will be available to listen live to the hearing proceedings. For further information regarding the review process or participation at the hearing, please contact Debra Myles, Panel Co- Manager at 1- 866 582 -1884 or darlington .review(a-)-ceaa- acee.gc.ca or Kelly McGee, Panel Co- Manager at 613- 947 -3710 or JRP- OPG- Darlington(c-)-cnsc- ccsn.gc.ca. 1 - 13 Gail Empey, Clerk, Township of Cavan Monaghan, writing to Mary Medeiros, Acting City Clerk, City of Oshawa, advising that on February 22, 2011, the Township of Cavan Monaghan adopted the following resolution pertaining to the 407 East Extension: "Be it Resolved that the Council for the Township of Cavan Monaghan is opposed to any decision to terminate Highway 407 East anywhere in Oshawa or Clarington and does hereby request that the Province of Ontario commit to constructing the 407 East extension to Highway 35/115 in one phase; and Summary of Correspondence - 6 - March 7, 2011 Further that a copy of this resolution be sent to the City of Oshawa, Municipality of Clarington, Premier Dalton McGuinty, Minister of Energy and Infrastructure, Minister of Environment, Minister of Transportation, Minister of Municipal Affairs and Housing, Tim Hudak, Leader of the Opposition, Andrea Horwath, Leader of the NDP, Barry Devolin MP and Rick Johnson MPP." 1 - 14 Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, congratulating Council and staff on the Municipality's completion of all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act (EMCPA) for 2010. CORRESPONDENCE FOR DIRECTION D - 1 Brent Van Luven, President, Bowmanville and District Navy League, requesting permission to change tag days for April 22, 23 and 24, 2011 previously approved by Council on December 20, 2010, to April 15, 16 and 17, 2011, due to the Easter long weekend. (Motion to approve tag days for April 15, 16, and 17, 2011 and to rescind previous approval) D - 2 Ev and Lorne Heard expressing concern with the lack of available and affordable smaller residential homes for seniors who are downsizing in Clarington and providing suggestions for smaller homes to be built or second storeys to be added to commercial properties to allow seniors to remain in the community. (Motion to refer correspondence to the Director of Planning Services) D - 3 Tracylynn Hu, Area Administrator, Heart & Stroke Foundation — Durham Region, requesting approval to hold their annual Heart and Stroke Big Bike Event on June 13, 2011; attaching a map of the route which will begin and end at Kelsey's Restaurant; and, indicating that they have requested a Road Occupancy Permit from the Region of Durham, they will also have police escorts for the ride and will forward proof of insurance and a road occupancy permit application following Council's approval. (Motion to approve provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 7 - March 7, 2011 D - 4 David Staples, requesting permission to hold the School Parade on September 9, 2011 and the Fair Parade on September 10, 2011 in association with the Orono Agricultural Fair; forwarding the map routes and times; and, indicating that proof of $5 million insurance coverage will be provided. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Garth Gilpin, Secretary Treasurer and General Manager, Historic Downtown Bowmanville Business Centre requesting the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking lot entrance to the Royal Bank parking lot and the 20 King Street East parking lot for the following 2011 events: Maple Festival and Friday, May 6, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 7, at 7:30 p.m. Summerfest As above on Saturday, June 25 from 5:00 a.m. until 7:00 p.m. The parking lot to be closed from Thursday, June 23 until Saturday, June 25. August Moonlight Madness Apple Festival and Craft Sale Friday, August 12, from 5:00 p.m. until August 13 at 12:30 a.m., as above. Friday, October 14 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 9:00 p.m. until Saturday, October 15 at 8:00 p.m. Christmas Moonlight Magic Friday, December 2 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m.; and, Summary of Correspondence - 8 - March 7, 2011 requesting permission to close the 20 King Street East parking lot from 7:00 a.m. until 3:00 p.m. on April 23rd to facilitate the Easter Egg Hunt and Lion's Club Easter Brunch. (Motion to approve road closures provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 6 Sheila Hall, President, Rotary Club of Courtice, requesting financial assistance as provided in 2010 for the 7th Annual Canada Day Fireworks Celebration to be held on July 1, 2011, at the Garnet B. Rickard Recreation Complex Park beginning at 5:00 p.m. and ending at approximately 10:30 p.m., and requesting the closure of Stevens Road between Highway 57 and Clarington Boulevard from 5:00 p.m. to 10:30 p.m. to ensure the safety of attendees, volunteers and participants. The event will feature live entertainment, children's activities, outstanding fireworks, as well as a military display providing an opportunity for attendees to show their respect to those representing Canada abroad and to those lost. Auxiliary police will be present to ensure the safety for all involved and insurance in the amount of $2 million will be secured. (Motion to refer the request to the Corporate Services Department and to approve the road closure provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 7 Wayne Routly, Rotary Club of Bowmanville, advising of the 4th Annual Rotary Ribfest to be held on the playing fields of the Garnet B. Rickard Recreation Complex from June 10 to 12, 2011, and requesting permission to have a banner placed on the hydro poles, west of the railway during the week of May 16, 2011 and removed during the week of June 13, 2011, in support of Rotary Ribfest. (Motion to approve installation of banner and to advise Veridian) D 8 Robert Kreasul, writing to Council regarding the Bowmanville Creek dredging project, questioning whether the $27,000 included in the 2010 budget for repairing the docks at the boat launch will be included in the 2011 budget as the work has not been done; suggesting that if the pay per day kiosk had been operational, revenues generated could have been applied to dredging, indicating that the neighbour's dispute with the marina has to do with the east Summary of Correspondence - 9 - March 7, 2011 wall of the south basin, nowhere near the public access channel and that the project is for dredging only the public access channel, not private property; advising that he will confirm the $40,000 quote for dredging he received last year, noting dredging windows are March, August and November; and, indicating that he hopes to get Council's agreement prior to the March dredging window. (Motion to advise of decision with respect to Report FND- 003 -11) D - 9 John Bennett, Executive Director, Sierra Club of Canada, advising of the inaugural "Canada Water Week ", a week -long celebration to raise the profile of water and its importance to Canadian prosperity commencing on March 14 and culminating on March 22, 2011 with the celebration of World Water Day; and, requesting the Municipality to support this inaugural initiative by participating in events to raise the profile of water to Canadians. (Motion to Proclaim) D - 10 Kaylin Morissette and Julie Cryderman, local athletes advising they will be representing Canada at the upcoming U19 World Championship — Women's Field Lacrosse in Hanover, Germany in August 2011; advising that there is no National funding available for the team and that each member is required to fundraise and secure sponsorship on their own; and, requesting if Council would be willing to provide financial support. (Motion for Direction) D - 11 Linda Rumble, Volunteer, Trillium Gift of Life Network, Volunteer, Durham Region Organ and Tissue Donation Awareness Group and member of a multiple organ and tissue donor family, requesting that the Municipal Administrative Centre be lit green (the international colour for organ and tissue donation awareness) in support of National Organ and Tissue Donor Awareness Week, April 17 to 24, 2011, and providing background information on her involvement with organ and tissue donation awareness since 1994, including the passage of Federal Law proclaiming the last week in April each year as "National Organ and Tissue Donor Awareness Week ", having the CN Tower and Niagara Falls lit green, her intention to write to each provincial government to request that they light their legislatures in green and advising of her hope to have a symbolic green ribbon stretch from coast to coast in support of organ and tissue donation awareness and recognition for all deceased and living organ and tissue donors in Canada. (Motion for Direction) Summary of Correspondence - 10 - March 7, 2011 D - 12 Ron Beer, President, Young Songwriters', an organization promoting cultural unity in songwriting and performing for residents aged 14 years old and up, forwarding a proposal to register a Regional Songwriters Circle with Young Songwriters' for Clarington; and requesting the use of a municipal facility free of charge for participants to meet monthly. The proposal also includes hosting Regional House Concerts for the participants to perform in their communities, marketing of song circle and events and participation in surveys to provide information and identify strengths and weaknesses in songwriting to allow Young Songwriters' to assist in the advancement of the craft of songwriting, and requesting the opportunity to meet to discuss their Youth Initiative. (Motion for Direction) D - 13 Mayor Steve Pellegrini, Township of King, requesting Council to consider contributing to the Oak Ridges Moraine Land Trust's 10th Anniversary $1 Million Stewardship Campaign; indicating that the Oak Ridges Moraine Land Trust, a citizen - based, charitable non - profit organization working on behalf of the citizens in each of the moraine's municipalities, negotiates and encourages securement and stewardship efforts at a fraction of what simple purchase fee would be, advising the Trust often incurs expenses of $20,000 to $50,000 per property for survey, appraisal, legal and other fees, even in pursuit of 'donated' properties; indicating that the campaign will help the Oak Ridges Moraine Land Trust to support direct stewardship activity on lands that the Trust owns, to encourage further investment from other sources, and to allow the Trust to undertake a focused communication and outreach program to aid in conservation and protection; and, indicating that the Township of King has contributed $3,000 to the early stages of the campaign to allow the work to continue. (Motion for Direction) D - 14 Gord Lee forwarding a petition containing 104 names requesting Council to reconsider the location of the new Newcastle Fire Hall on Rudell Road and to have the Fire Hall built on the original property planned for this structure — 3333 Highway #2, to address traffic safety of residents and decrease in property values. The author has indicated that more petitions will be collected and delivered to the municipality. (Motion for Direction) Summary of Correspondence - 11 - March 7, 2011 D - 15 Marion Saunders, President, Newcastle /Bond Head Ratepayers' Association, indicating that the members of the Newcastle /Bond Head Ratepayers' Association are in support of the petitions Mr. Gord Lee has collected focusing on the many safety issues associated with locating Fire Station 2 on Rudell Road; and, advising that although they acknowledge that a review of the issue could cause considerable delay and increase costs, the membership has adopted the following resolution: "THAT the Newcastle /Bond Head Ratepayers' Association request Council to review their decision to locate Fire Station 2 on Ruddell Road ". (Motion for Direction) 1 -1 MUNICIPALITY OF CLARINGTON NEWCASTLE COMMUNITY HALL BOARD Meeting of the Newcastle Community Hall Board held in the Council Chambers on January 18, 2011 at 7 pm. Present Were: P. DeJong (chair) L. Franssen S. DeJong G. Bell (secretary) Regrets From: B. Snowdon C. Abraham As the board did not have a quorum motions were unable to be made. 1.1 MINUTES Tabled to next meeting 2.1 BUSINESS ARISING - P. DeJong will try to attend the AED Site Coordinators meeting in February - P. DeJong and S. DeJong have been verbally told they have been appointed for a two year to the board. Nothing has been received from the Municipality to date. 3.1 CORRESPONDENCE - Municipality is asking if we would like to make presentation to council February 25 at 9:30 am for Budget. Suggested that we ask Cathy to make this presentation. 4.1 FINANCIAL REPORT - Received. 5.1 BILLS - bills for supervision paid as presented. 6.1 HEALTH & SAFETY - Report received — carpet needs to be cleaned in auditorium. Report to be copied to Operations Dept. 7.1 BUSINESS ARISING - 4 tickets to be ordered for Chamber of Commerce AGM on January 25 - secretary reported internet could be brought into the hall from Rogers or Bell Canada with 5 email addresses. Board would be responsible for the bill. Suggested sharing cost with Masons and Historical Society. Bell is set up on present phone line. Rogers would have to bring lines in and could cost dollars to have this done. Cost with bell would be approximately $80.00 /month for 5 GB. Have asked Historical Society for their usage to see if this will work for us. Masons and Hall would not use very much. Secretary will speak with G. Forget to see if this will work for Historical Society. - C. Abraham will be attending CBOT event with speaker Tim Huddak — she will report back to board next meeting. Fee is $25.00 - Curtains will be sprayed in February with fire retardant. - Discussed use of Council Chambers for wedding ceremonies. Agreed on a fee of $60.00 - Secretary will check with Bowmanville Museum on what they charge for wedding photos. Board will then discuss a fee for picture shoots in hall gardens or in the hall itself. - Secretary is going to be discussing updating website with CBS Group. - Big Brothers and Sisters will be hosting Wine and Food Festival at the hall on June 11 2011. They will be using the gazebo area as well and will obtaining appropriate permits to serve food and wine outside. Asked for use of outdoor chairs and card tables in exchange for advertising Newcastle Hall as a sponsor. It was agreed this would be acceptable. - Regular use of Lions Room by groups other than Lions — Ratepayers third Monday (evening) of the month, Seniors second Tuesday of the month in the morning, and Scouts last Sunday of the month. ADJOURNED 8:05 PM I -2 Newcastle Memorial Arena Management Board Municipality! C`larington Minutes ofMeeting - Tuesdau January, 2011 (Not yet approved by committee) In Attendance — Gord Lee, Chair Larry Burke — Vice- Chair Carol Little, Gary Oliver, Robert Holmes, Regrets — Joanne Raymond, Gord Blaker, Arena Manager, Bryan Wiltshire — (Council Liaison to our committee not yet appointed). 1. Call to order— 7:10 P.M. 2. Adoption of Minutes — Motion # 11 -1o1 was proposed: THAT: The minutes of Novemberg, 2010 is approved with no changes or deletions. MOVED by: Carol Little SECONDED by: Larry Burke CARRIED g. Arena Manager's Report — In Bryan's absence, the chair advised that the Rep. Teams from NVMHA will be starting their playoffs within two weeks. In addition, this week -end (Jan. 15th, 16th) the men's league will have the arena for their annual tournament. Then, at the month -end the CGHL Tournament will take place — commencing with a 5:00 P.M. game on the Friday night — January 28th. The new floor upstairs is completely installed — purchased by Newcastle Family Connection through their Ontario Trillium Foundation Grant. The municipality had just begun an energy audit of all municipal buildings and Newcastle Arena had been inspected today. Jerry Barber from the purchasing dept was handling the details and tenders. He would be following up with our committee. Jerry was,aware of our plans for lighting upgrades in the arena pad area. Gord suggested we hold off on this project until we see what was being done by the municipality. Shortage of hot water for the men's leagues continue to create complaints for our staff — A problem we have been plagued with for several seasons. The chair advised: Our hot water heaters are at capacity and little can be done to correct the situation in this building. Perhaps, a remedy will come out of this current energy audit. Also, heat to the Referee's room needs to be rectified. Bryan is looking into a heater, on a timer switch and will have a suggestion for us at the next meeting. 4. Snack Bar Manager's Report — Michelle's resignation had taken effect as of November 71h and Gord and Bryan had been looking after the snack bar. — Bryan insuring the staff was scheduled and on hand and Gord was doing the stock control and purchasing. Gord advised he had been contacting suppliers and reviewing pricing, product selection and inventory. In addition, Gary had attempted to fix the cash register and advised: We would be better off to purchase new equipment. Bob Holmes offered to make this purchase through his sister, who worked for Casio. The following motion was proposed: (2) Motion # 11 -10e — THAT: Bob Holmes has the authority to make a purchase of a cash register, on our behalf, within a $300.00 budget. He can coordinate the purchase with our chair and hopefully have it in operation by our next meeting. Moved by: Gary Oliver Seconded by: Carol Little CARRIED The chair also advised he was meeting with the rep from Coca -Cola to negotiate a new agreement on soft drink purchases. Our contract with them had expired at the conclusion of 2010. He will report back to the board at our February meeting. Also, the snack bar staff had requested a Bagel Toaster, which he would purchase — a small expenditure of approximately $40.00. Gord advised: the snack bar could be managed without hiring a specific person, for the balance of the season. The staff was in place, scheduling was completed for each week and it was the four staff members' responsibility to exchange their scheduled shifts with each other, if they were not able to work. Gord would continue to oversee all the purchases, sales and banking. Over the summer, we could review our needs and prepare for next fall opening. 5. Finances — The chair advised: That a payment of $go,000.00 had been forwarded to the municipality to be credited to our o/s loan. With this payment, the outstanding balance will be just under $6o,000.00 and our obligation to the municipality is on schedule for complete payment by year -end of 2012. A formal statement will be available for our next meeting in February. Accounts receivable were at $42,000.00 and payables were current. January invoicing would include all the rink board advertisers and the LED sign in the lobby. In addition, a preliminary budget needed to be generated to accompany our Municipal Grant Application. February's meeting would require approval and /or adjustments to this preliminary budget. Discussion then followed regarding ice and floor rental rates for the 2011 fall and 2012 winter season. The general consensus was to attempt to keep our current rental rates in tact, with no increase to our user groups. This will be decided and voted on at our February meeting, once the payroll budget and expense forecasts are reviewed. With applications for board appointments due by month —end, plans and budget forecasts were put on hold until the new committee is appointed. 6. New Business — Applications for appointment to this committee were distributed and each member was advised of the deadline for submitting. Gord advised all, that he had written to council; requesting consideration of keeping our existing members on the committee. Completing our loan obligation and existing plans for the arena in place would make for a smooth transition, through this next term. All members indicated they wanted to return for another 4 year term. 7. Next Meeting —Tuesday February 8th, 2011 -7:00 P.M. —At the Arena S. Adjournment — Motion # 11 -103 — THAT: The meeting is adjourned, MOVED by: Gary Oliver CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO.2 AUTHORITY MEETING Tuesday, February 15, 2011 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, AUTHORITY'S ADMINISTRATIVE OFFICE, BOY Present: P. Perkins, Chair B. Chapman, Vice Chair L. Coe S. Collier L. Corrigan J. Drumm A. England R. Hooper D. Mitchell T.D. Marimpietri J. Neal M. Novak P. Rodrigues i -3 DRMSTR17B TION REVIEWED BY ORIGINAL TO: ❑ COUNCIL ®'COUNCIL C, FILE DIRECTION INFORNIATION COPY TO: ❑ MAYOR ❑ MEMBERS ❑ CAO OFCOUt:CIL ❑ COMML'NITY ❑ CORPORATE ❑ EMERGENCY SERVICES SERVICES SERVICES • ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS SERVICES CLERK'S • PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES J.R. Powell, Chief Administrative Officer ❑ OTHER _ D. White, Director, Corporate Services MUNICIPAL CLERK'S FILE H. Brooks, Director, Watershed Planning & Natural H C. Darling, Director, Development Review & Regulation G. Geissberger, Marketing & Communications Coordinator D. Hope, Coordinator, Land Management & Operations P. Lowe, Director, Watershed Stewardship & Community Outreach P. Sisson, Director, Engineering & Field Operations G. SooChan, Director, Groundwater M. Stauffer, Administrative Assistant/Recording Secretary Absent: C. Traill The Chair called the meeting to order at 5:00 p.m. DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #25 Moved by R. Hooper Seconded by A. England THAT the Authority minutes of January 18, 2011 be adopted as circulated CARRIED DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4940 -11 (attached as Schedule 3 -1 & 3 -2) Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses — January 2011 Res. #26 Moved by J. Drumm Seconded by B. Chapman THAT the applications, (attached as Schedule 3 -2) as issued by staff, be endorsed. CARRIED AUTHORITY MEETING MINUTES NO. 2 — FEBRUARY 15, 2011 — PAGE 2 (2) Staff Report #4939 -11 (attached as Schedule 3 -3 & 3 -4) Administrative Procedure for Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Res. #27 Moved by M. Novak Seconded by R. Hooper THAT Staff Report #4939 -11 be received for information. CARRIED (3) Staff Report #4942 -11 (attached as Schedule 3 -5 & 3 -6) DRAFT Conservation Ontario, the Ministry of the Environment and the Ministry of Natural Resources Memorandum of Understanding on Coordinating Service Delivery for Renewable Energy Project Approvals Res. #28 Moved by D. Mitchell Seconded by B. Chapman THAT Staff Report #4942 -11 be received for information. CARRIED DIRECTOR, WATERSHED STEWARDSHIP & COMMUNITY OUTREACH (1) Staff Report #4941 -11 (attached as Schedule 4 -1, Report handout to members only) 2011 -2014 Directors Handbook Res. #29 Moved by M. Novak Seconded by A. England THAT Staff Report #4941 -11 be received for information. CARRIED DIRECTOR, CORPORATE SERVICES (1) Staff Report #4943 -11 (attached as 5 -1 to 5 -10) Durham Region Conservation Authorities Five -Year Capital and Operating Budget — 2011 -2015 R. Powell gave a brief history of the budget process for new members. Discussion ensued. T.D. Marimpietri arrived at 5:05 p.m. L. Coe arrived at 5:10 p.m. Res. #30 Moved by D. Mitchell Seconded by S. Collier THAT Staff Report #4943 -11 be received for information. CARRIED MUNICIPAL AND OTHER BUSINESS The Chair referred members to the News Release handout (attached as H -1)of the 36th Annual Maple Syrup Festival at Purple Woods Conservation Area in Oshawa, open daily from 10:00am to 2:30pm during the March Break (March 12th to 20th), as well as March 26th/27th and April 2nd/ 3rd weekends. The Chair encouraged new members to visit the Festival. ADJOURNMENT Res. #31 Moved by A. England Seconded by T.D. Marimpietri THAT the meeting adjourn. CARRIED The meeting adjourned at 5:14 p.m. MEMBERS PRESENT: David Reesor Allan Kirby Councillor Hooper REGRETS: CLARINGTON HERITAGE COMMITTEE Minutes of Meeting February 15, 2011 Karin Murphy Tracey Ali Karina Isert WELCOME AND REVIEW Councillor Hooper welcomed the Committee members. and chaired the meeting until the elections of officers. Reference materials were distributed to "tF Culture's Ontario Heritage Toolkit, the binder, the Old Bowmanv�lle (North Warc Heritage Conservation'Districtr.Plan. Re A presentation was "given by staff outline Act as an advisory committee, , to Council. governing by-lair the protocol for c An accessibility Committee mem A training ers. The The Board of the Claringto representative to sit on the: ELECTION OF OFFICERS ncil. ..new members.which included the Ministry of larngton Heritage Committee membership Heritage; Guidelines, and the Beech Avenue ping. members,were provided with updates. ;the CHC's role under the Ontario Heritage Fhe.:Committee's mandate is detailed in their hick was reviewed with the- group along with lion will, arranged by the Clerks Department for the ,sion h - not been scheduled to date. luseums and Archives have been requested to appoint a C. Councillor Hooper conducted the election of officers by opening the floor for nominations for the position of Committee Chair. Karin Murphy nominated David Reesor. David accepted the position for one year term. 1 11.01 Moved by Karin Murphy, seconded by Angela Tibbles THAT David Reesor be the Committee Chair Nominations were opened for the position of Committee Vice - Chair. Karin Murphy nominated Tracey Ali. Tracey accepted the position. David Reesor chaired the bala APPOINTMENTS TO. SUBCO ADOPTION OF MINU of the ITTE Id like to remain on as the Committee's representative on k is the' representative for the Bowmanville CIP and the Karin Murphy stepped down as the Newcastle CIP in will fill her position. 11.04 Moved by Karin Murphy, seconded by Tracey Ali THAT the, minutes of September 22 and October 19, 2010 be accepted 2 BUSINESS ARISING 71 Old Kingston Road The unveiling of the cairn was held on November 12th, 2010. Official Plan Review Official Plan amendment #77, which includes amendments to the cultural heritage policies, is tentatively scheduled for consideration byncil in late March. PY Co Beaver Street Houses The two cement block houses were relocated over the course of. .a week in January. Number 49 was relocated to number 106 Beaver Street South and' number 63 was relocated to number 107 Beaver Street South. 407 Update CORRESPONDENCE CHO Newsletter Heritage Matters .newsletter '.-, Ontario Heritage.Week announcement HCD workshop in Waterloo on March 5 & 6 Ontario Heritage Conference; "in Cobourg on June 3 -5 PJ Materials masonry conservation workshop on April 13 & 14 Heritage Inventory The photography has been ongoing since 2006 and is nearing completion. 3 NEW BUSINESS St. George's Anglican Church 250 Mill Street South This property was designated by By -law 89 -32 in 1989. The heritage designation applies to specific features of the interior of the church, the church's exterior facade, the parish hall's exterior facade, and the brick boundary wall. In 2002 approval was granted by Council, in consultation with the heritage committee,.: for an addition that would connect the church to the parish hall. The addition was proposed to be constructed of brick to match the existing buildings in colour and,bond. Parking was to be located on a nearby lot owned by the church. The church is now proceeding with the project and have provided„ staff with a site plan drawing which indicates that the parking -for the addition will be provided on -site (see attached). Access to the parking lot will be one, way in,,from Mill Street. South and one way out onto Edward Street. A 4.5 metre wide section 'of the brick wall will need to be removed for the Mill Street South entrance. Bricks will.,be salvaged to build wall returns at this entrance. This property is zoned .R1 -1, which does not permit a church. The site has legal non- conforming status and a minor variance would be required for the building addition. The application will also address a"reduction in driveway isle width for the Edward Street exit and any portions of the.:.rick wall that remain in the visibility triangle. The CRC's comments will be provided to the Committee of Adjustment. The applicant's consultant will be available to attend the March meeting to answer any questions on the project. Members were asked to conduct a site inspection of the property prior to the meeting. Next meeting March 15th, 7:00 Meeting room 1C 4 � �� I SQmiFa 5 0 Energizing Ontario REPORT TO COUNCIL MEETING OF MARCH 7, 2011 REPORT #1 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, FEBRUARY 25, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND- 004 -11 2012 To 2015 Operating and Capital Forecast (b) COD - 008 -11 Corporate Advertising Versus Corporate Newsletter 2. 2011 CURRENT AND CAPITAL BUDGET 1. THAT Report FND- 003 -11 be received; 2. THAT the 2011 Operating and Capital budgets as outlined in Schedule "A ", at an estimated tax levy impact of 3.49% (exclusive of tax policy impacts), as directed in Report FND- 003 -11 be approved, with the following amendments: a. THAT Revenue Losses, Item #7, "Reduce Contribution from Veridian Interest — One Time in 2010 ", be changed from $300,000 to $150,000 b. THAT Expense Increases, Item #28, "WSIB Surcharge ", be changed from $100,000 to $70,000 c. THAT the Mayor and Councillors' office budgets be amended as follows: • Phone & Fax accounts be reduced by $2,700; • Staff Development accounts be reduced by $5,000; • Reception account be reduced by $5,000; and • Office expenditures account be reduced by 3,000 for a total reduction of $15,700 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 Report #1 - 2 - March 7, 2011 d. THAT Item #38, "Proposed New Staffing Impact" be reduced from $700,000 resulting in no new staff being hired other than the following, with a start date of July 1, 2011: four full -time fire fighters; one Engineering position being upgraded; one full -time IT position in Corporate Services; one full -time staff member in the. Operations Department; one full -time Municipal Law Enforcement Officer (MLEO) in the Clerk's Department, conditional upon CUPE's agreement to a letter of understanding that the new MLEO will be able to work weekends and evenings as required ' e. THAT Revenue Losses, Item #7, "Reduce contribution from Veridian Interest — One Time in 2010 ", be further amended from $150,000 by reducing an additional $100,000 for a total of $50,000 remaining; 3. THAT the items listed as optional items for consideration, as itemized in Schedule "B" to Report FND- 003 -11 be approved, with the following amendments: a. THAT Item #2 "Pavement Patching" be included in the budget in the amount of $14,500 b. THAT Item #5, "Catch Basin Repairs" be included in the budget in the amount of $15,000 c. THAT Item #14, "Courtice CIP Project - Tax Levy Portion" be included in the budget in the amount of $50,000 to allow for a CIP project along the Highway #2 corridor d. THAT Item #25; "Reduce Corporate Advertising Program" be included in the budget in the amount of $20,000, leaving $7,000 in the budget for one edition of Clarington.net e. THAT Item 17, "Increase Revenue for Penalty and Interest on Taxes" be included in the budget in the amount of $100,000 . f. THAT Item 19, "Increase Supplementary . Taxation Revenue" be included in the- budget in the amount of $75,000 g. THAT Item #16, "Decrease Various Facility Hydro Usage Estimates ", be included in the budget in the amount of $50,000 . . h. THAT Item #18, "Reduce Physician Recruitment ", be included in the budget in the amount of $30,000 . i. THAT Item #20, "Reduce Fire Staff Development" be included in the budget in the amount of $5,000 j. THAT Item #21, "Reduce Fire Chemical /Foam" be included in the budget in the amount of $9,000 k. THAT Item #22, "Reduce P/T Firefighter Wages Overall Budget" be- included in the budget in the amount of $50,000 I. THAT Item #15, "Staff Recognition" be included in the budget in the amount of $15,000 m. THAT Item #24, "Eliminate EAP (Partial Year)" be included in the budget in the amount of $23,400; Report #1 - 3 - March 7, 2011 4. THAT the grants for external agencies be approved as per their requests itemized in Schedule "C" to Report FND- 003 -11 at an estimated tax levy impact of 0.31 %; 5. THAT Schedules "D ", "E" and "F" of Report FND- 003 -11 outlining Reserve and Reserve Fund Contributions and new Reserves /Reserve Funds'be approved; 6. THAT approximately $801,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; 7. THAT the financing of Capital projects, as outlined in the documents attached to Report FND- 003 -11 be approved; 8. THAT the external agencies, referred to in Schedule "C" of Report FND -003- 11.be advised of Council's decision regarding their grant requests; 9. THAT the Mayor's Golf Tournament take place in 2011, at no cost to the tax base, with the net proceeds from the Mayor's Golf Tournament to be . directed to Memorial Hospital Foundation- Bowmanville; 10. THAT any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Program, Impact/Escrow Reserve Fund and General Municipal Reserve Funds, to be repaid with interest as cash flow permits; 11. THAT the payment of the 10th year balloon on the debenture debt for the Municipal Administrative Centre and Main Library Expansion be approved with $1,000,000 from the General Municipal Reserve Fund and $569,480 from the Impact Escrow Reserve Fund for the MAC portion and $808,520 from the Municipal Capital Works Reserve Fund for the Main Library Portion; 12. THAT the Main Library Portion of the balloon payment funded from the Municipal Capital Works Reserve Fund in the amount. of $808,520 be repaid from the Library Development Charges Reserve Fund over a further five year period with interest as cash flow permits and Council reconfirms its intent to fund this to the extent allowable. from future development charges; 13. THAT the Staffing plan (Schedule "G" to Report FND- 003 -11) be approved as revised by Recommendation 2.2(d) above, and subject to the budgetary allocation for new staffing in any given year not to exceed the value of assessment growth for that year; Report #1 - 4 - March 7, 2011 14. THAT the Chief Administrative Officer be authorized to make any adjustment if necessary to ensure staff resources are allocated and deployed fairly and consistently among all departments, and in adherence to maintaining the current service standard; 15. THAT Report FND- 003 -11 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; 16. THAT the issue of dredging of Bowmanville Creek be deferred for consideration at a future budget when erosion issues have been resolved to the satisfaction of all parties; 17. THAT $30,000 identified on Page 224 of the draft budget (Central Parking Meter) be deleted; 18. THAT the Region of Durham be requested to. reconsider their position that they will no longer reimburse lower -tier municipalities for roadside clean ups, as identified in Section 17.1 of Report FND- 003 -11; and THAT a copy of this resolution be forwarded to all municipalities in the Region of Durham; 19. THAT Community Services Staff prepare a report on efforts to approach public and community partners to operate the canteen in the Newcastle & District Recreation Centre; 20. THAT the revenue identified for the Engineering Services Department (Page 70 of the draft budget) be increased by $8,000; and 21. THAT the appropriate By -laws to levy the 2011 tax requirements for Municipal Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. Air a (Energizing Ontario REPORT #2 REPORT TO COUNCIL MEETING OF MARCH 7, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, FEBRUARY 28, 2011 RECOMMENDATIONS: 1. JACQUIE HOORNWEG, DURHAM_ STRATEGIC ENERGY ALLIANCE (DSEA), REGARDING AN UPDATE ON DSEA AND INFORMATION ON THE INNOVATION DURHAM NORTHUMBERLAND PROJECT THAT the delegation of Jacquie Hoornweg, President and Chair of the Durham Strategic Energy Alliance, be received with thanks. 2. JACQUELINE MUCCIO REGARDING PARKING WHICH INHIBITS PROPER .SNOW REMOVAL THAT Ms. Muccio be thanked for her delegation; and THAT the issues regarding parking, on Windham Crescent in .Courtice, be referred to staff. CORPORATION OF THE MUNICIPALITY OF CLAkINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report # 2 - 2 - March 7, 2011 3. TWO (2) PROPOSED DRAFT PLANS OF SUBDIVISION AND TWO (2) ZONING BY -LAW AMENDMENT APPLICATIONS TO PERMIT A MIXED RESIDENTIAL DEVELOPMENT OWNER: KINGSBERRY PROPERTIES (1317870 ONTARIO LIMITED) & WILLIAM TONNO CONSTRUCTION LIMITED THAT Report PSD- 016 -1.1 be received; THAT the application for the proposed Draft Plan of Subdivision, submitted by Kingsberry Properties to permit the development of 70 residential units be . approved, subject to the conditions contained in Attachment 5 to Report PS D- 016 =11; THAT a requirement be added for a 1.2m high farm fence to be installed between the subject lands and'the abutting properties to the west north of the stormwater pond; THAT the Zoning .By -law Amendment application submitted by Kingsberry Properties be approved as contained in Attachment 6 to Report PSD- 016 -11; THAT the By -law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T -90003 and the Municipality of Clarington be approved as contained in Attachment 7 to Report PSD- 016 -11; THAT the application for the proposed Draft Plan of Subdivision, submitted by William Tonno Construction Ltd. to permit the development of 77 residential units be approved, subject to the conditions contained in Attachment 8 to Report PSD - 016 -11; THAT the Zoning By -law Amendment application submitted by William Tonno Construction Ltd. be approved as contained in Attachment 9 to Report PSD- 016 -11*; THAT the By -law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T -89055 and the Municipality of Clarington be approved as contained -in-Attachment 10 to Report PSD- 016 -11; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 016 -11 and Council's decision; and THAT all interested parties listed in Report PSD - 016 -11 and any delegations be advised of Council's decision. Report #2 - 3 - March 7, 2011 4. GENERAL ARCHITECTURAL DESIGN GUIDELINES (2011 UPDATE) THAT Report PSD- 018 -11 be received; THAT the General Architectural Control Guidelines. (2011 Update), prepared by John G. Williams, Architect be adopted; and THAT all interested parties listed in Report PSD- 018 -11 and any delegations be advised of Council's decision. 5. 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- 019 -11 be received; THAT the rezoning application submitted by Halminen Homes be approved, in part, and that the proposed Zoning By -law contained in Attachment 2 to Report PSD- 019 -11 be passed; 'and THAT all interested parties listed in Report PSD- 019 -11 and 'any delegations be advised of Council's decision. 6. 2010 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION AND PLANS OF- CONDOMINIUM THAT Report PSD- 020 -11 be received; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD- 020 -11 and Council's decision. 7. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: CARRINGTON HOMES (COURTICE) LIMITED THAT Report PSD- 021 -11 be received; THAT the request for Removal of Part Lot Control with respect to Lots 68, 69, 73, 80, 81 and 83 of Plan 40M -2364 be approved and that the Part Lot Control By -law contained in Attachment 2 of Report PSD- 021 -11 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD- 021 -11 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #2 - 4 - March 7,.2011 8. REMOVAL OF HOLDING (H) SYMBOL APPLICANT: 1557366 ONTARIO INC. THAT Report PSD- 022 -11 be received.; THAT the application submitted on behalf of 1557366 Ontario Inc., to remove a Holding (H). Symbol be approved and that the By -law, contained in Attachment 2 to Report PSD -022 -11 be passed; and THAT all interested parties .listed in Report PSD - 022 -11 and any delegations be advised of Council's decision. 9. SOLAR ENERGY PROJECTS IN URBAN VALLEYLANDS Part 1 Part 2 THAT Report PSD- 023 -11 be received; THAT FIT Fund Solar Corporation be advised that Clarington does not support their current proposal for a.Class 3 Solar Project in the Soper Creek valleylands and that they be encouraged to meet with staff to consider alternate locations in Clarington for a solar energy project or projects; THAT the'Central Lake Ontario Conservation Authority, FIT Fund Solar Corporation and all interested parties listed in Report *PSD-023-1 1. and any delegations be advised of Council's decision; and WHEREAS the Municipality of Clarington supports the responsible expansion of renewable energy as a means.of placing Ontario on a more sustainable path for the future; WHEREAS municipalities in the Greater Golden Horseshoe are subject to the Growth Plan which encourages the efficient use of land and infrastructure and greater densities; WHEREAS. unlike Class 1 and Class 2 solar installations, Class 3 ground - mounted solar installations greater than 12 kW may require a significant land area and would be contrary to the policies of The Provincial Growth Plan for the' efficient use of serviced land and the mandated density of development; WHEREAS urban valleylands are key ecological features that need protection from development and should be the focus *of restoration efforts to enhance the ecological attributes and value-to the community as outdoor amenity areas, particularly as communities are intensified; Report #2 - 5 - March 7, 2011 WHEREAS Regulation 359/09, as amended, provides for consideration of a renewable energy project within natural heritage features, including within a significant valleyland or within 120 m of a significant valleyland if supported by mitigation measures in an environmental impact study prepared. by the proponent; WHEREAS consideration of Class 3 solar facilities in' urban valleylands will provide an incentive for developers to retain valleyland areas and could limit their dedication to municipalities as Open Space lands in the future; NOW THEREFORE BE IT RESOLVED THAT the Minister of Energy, the Minister of Natural Resources, the Renewable Energy Facilitation Office, FIT Fund Solar Corporation, and CLOCA be advised that the Municipality of Clarington does not support the consideration of Class 3 solar facilities in urban valleyland areas; and THAT this resolution be forwarded to all other municipalities in the Greater Golden Horseshoe and M.P.P. John O'Toole. 10. FINE PARTICULATE MATTER AND AIR QUALITY BY-LAW— REQUEST FOR REPORT WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not as of yet passed air regulations that focus on fine particulate matter, evaluate ambient conditions together with new emissions, assess the human and public health impacts of such emissions or limit cumulative concentrations; AND WHEREAS fine particulate matter PM2.5 is typically regulated by Provincial and Federal governments, and within their mandated responsibilities; AND WHEREAS the Province of Ontario in November of 2010 acknowledged that there is a policy gap that needs to be examined with respect to domestic sources of primary PM2.5; AND WHEREAS the review the Ontario Ministry of Environment is proceeding with will examine the effectiveness of the current provincial policy framework in addressing PM2.5; other aspects such as cumulative effects are also under review. The results of these reviews will take a minimum of fifteen (15 months); AND WHEREAS s.11(2) of the Municipal Act, 2001, as amended ( "the Act "), permits municipalities to pass by -laws respecting the health, safety and well -being of persons; Report #2 - 6 - March 7, 2011 AND WHEREAS s.128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are, or could become, or cause public nuisances; AND WHEREAS for Clarington to proceed with the drafting and implementation of an Air Quality By -law under the Municipal Act, Council should be aware of: • The costs to retain a consultant to help develop guidance documents for general assessment and air modeling prior to drafting 'a by -law, • The costs to determine a baseline, sources of emissions of health risk air pollutants and an atmospheric dispersion model of the airshed, • Future budget implications including additional enforcement staffing, peer reviewers, air quality modellers, potential education and outreach programs to support by -law implementation and data management, • The potential implications on existing industries in Clarington and the potential impact on economic development and the attraction of prospective industries /employers; and . • The potential duplication between a specific By -law and the Provincial Review that is underway NOW THERFORE BE IT RESOLVED THAT Staff be authorized to prepare a report outlining the above noted items for presentation to the March 21, 2011 General Purpose and Administration .Committee meeting. 11. TENDER NO. CL2010 -23 DRIVEWAY TIE -INS —AMENDMENT THAT Report OPD- 002 -11 be received for information and confirmation of funding for additional work. 12. SPORTS FIELD USER FEES THAT Report OPD- 003 -11 be received; THAT the user fee rates as set out in Attachment 1 of Report OPD- 003 -11 be approved for the 2011 season; and THAT all interested parties listed in Report OPD- 003 -11 be advised of Council's decision. Report #2 - 7 - March 7, 2011 13. COMMUNITY SERVICES DEPARTMENT 2011 COMMUNITY GRANT REQUESTS THAT Report CSD- 004 -11 be received; THAT Council consider all submitted grant requests; and THAT all interested parties listed in Report CSD- 004 -11 be advised of Council's decision. 14. BOWMANVILLE ECOLOGY GARDEN THAT Grant Application #11 -01, Bowmanville Ecology Garden, be approved in the amount of $500.00. 15. BOWMANVILLE HORTICULTURAL SOCIETY THAT Grant Application #11 -02, Bowmanville Horticultural Society, be approved in the amount of $500.00. 16. COURTICE HORTICULTURAL SOCIETY THAT Grant Application #11 -03, Courtice Horticultural Society, be approved in the amount of $500.00. 17. NEWCASTLE HORTICULTURAL SOCIETY THAT Grant Application #11 -04, Newcastle Horticultural Society, be. approved in the amount of $500.00. 18. ORONO HORTICULTURAL SOCIETY THAT Grant Application #11 -05, Orono Horticultural Society, be approved in the amount of $500.00. 19. BOWMANVILLE GARDEN ALLOTMENTS THAT Grant Application #11 -06, Bowmanville Garden Allotments, be denied, as they do not meet the eligibility requirements of the program. 20. CLARINGTON FARMERS' MARKET THAT Grant Application #11 -07, Clarington Farmers' .Market, be denied. Report #2 - 8 - March 7, 2011 21. BOWMANVILLE SANTA CLAUS PARADE THAT Grant Application #11 -08, Bowmanville Santa Claus Parade, be approved in the amount of $2,000.00. 22. NEWCASTLE SANTA CLAUS PARADE THAT Grant Application #11 709, Newcastle Santa Claus Parade, be approved in the amount of $2,000.00. 23. CLARINGTON MARKETING MINDS THAT Grant Application #11 -10, Clarington Marketing Minds, be approved in the amount of $500.00. 24. MUSIC NIGHT IN THE PARK THAT Grant Application #11 -11, Music Night in the Park, be approved in the amount of $750.00. 25. NEWCASTLE CONCERTS THAT Grant Application #11 -12, Newcastle Concerts, be approved in the amount of $750.00. 26. NEWCASTLE ART SHOW THAT Grant Application #11 -13, Newcastle Art Show, be approved in the amount of $1,000.00. 27. NEWCASTLE VILLAGE & DISTRICT HISTORICAL SOCIETY THAT Grant Application #11 -14, Newcastle Village & District Historical Society, be approved in the amount of $1,500.00. 28. ARCHITECTURAL CONSERVANCY OF ONTARIO CLARINGTON BRANCH THAT Grant Application #11 -15, Architectural Conservancy of Ontario Clarington Branch, be approved in the amount of $2,500.00. 29. BROWNSDALE COMMUNITY CENTRE THAT Grant Application #11 -16, Brownsdale Community Centre, be approved in the amount of $2,500.00. Report #2 - 9 - March 7, 2011 30. HAMPTON HALL THAT Grant Application #11 -17, Hampton Hall, be approved in the amount of $2,500.00. 31. KENDAL COMMUNITY CENTRE THAT Grant Application #11 -18, Kendal Community Centre, be approved in the amount of $2,500.00. 32. NEWTONVILLE HALL THAT Grant Application #11 -19, Newtonville Hall, be approved in the amount of $2,500.00. 33. ORONO TOWN HALL THAT Grant Application #11 -20, Orono Town Hall, be approved in the amount of $2,500.00. 34. SOLINA COMMUNITY CENTRE THAT Grant Application #11 -21, Solina Community Centre, be approved in the amount of $2,500.00. 35. TYRONE COMMUNITY HALL THAT Grant Application #11 -22, Tyrone Community Hall, be approved in the amount of $2,500.00. 36. NEWCASTLE ARENA THAT Grant Application. #11-23, Newcastle Arena, be approved in the amount of $2,500.00. 37. CLARINGTON NEW'HORIZONS BAND THAT Grant Application #11 -24, Clarington New Horizons Band, be approved in the amount of $750.00. 38. CLARINGTON CONCERT BAND THAT Grant Application #11 -25, Clarington Concert Band, be approved in the amount of $750.00. Report #2 _10- 39. DURHAM GIRL'S CHOIR March* 7, 2011 THAT Grant Application #11 -26, Durham Girl's Choir, be approved in the amount of $500.00. 40. CLARINGTON ARTS AND MUSIC FESTIVAL THAT Grant Application #11 -27, Clarington Arts and Music Festival, be approved in the amount of $2,500.00. 41. DRIFTWOOD THEATRE THAT Grant Application #11 -28, Driftwood Theatre, be approved in the amount of $500.00. 42. CLARINGTON MINOR LACROSSE ASSOCIATION THAT Grant Application #11 -29, Clarington Minor Lacrosse Association, be denied. 43. CLARINGTON SWIM CLUB THAT Grant Application #11 -30, Clarington Swim Club, be approved in the amount of $1,000.00. 44. COURTICE KIDS MULTISPORTS SERIES THAT Grant Application #11 -31, Courtice Kids Multisports Series, be approved in the amount of $1,000.00. 45. NEWCASTLE SKATING CLUB THAT Grant Application #11 -32, Newcastle Skating Club, be approved in the amount of $1,500.00. 46. ORONO FIGURE SKATING CLUB THAT Grant Application #11 -33, Orono Figure Skating Club, be approved in the amount of $1,500.00. 47. CLARINGTON TOROS ATOM AAA THAT Grant Application #11 -34, Clarington Toros Atom AAA, be approved for a one -time grant in the amount of $2,500.00. Report #2 March 7, 2011 48. ORONO AMATEUR ATHLETIC ASSOCIATION THAT Grant Application #11 -35, Orono Amateur Athletic 'Association, be approved in the amount of $2,500.00. 49. SOPER VALLEY MODEL RAILROAD ASSOCIATION THAT Grant Application #11 -36, Soper Valley Model Railroad Association, -be approved in the amount of $750.00. 50. BIG BROTHERS AND SISTERS OF CLARINGTON THAT Grant Application #11 -37, Big Brothers and Sisters of Clarington, be approved in the amount of $2,000.00. 51. DISTRESS CENTRE DURHAM THAT Grant Application #11 -38, Distress Centre Durham, be approved in the amount of $1,000.00. 52. FEED THE NEED IN DURHAM THAT Grant Application #11 -39, Feed the Need in Durham, be approved for a one- time grant in the amount of $2,000.00. 53. THE GATHERING PLACE THAT Grant Application. #11 -40, The Gathering Place, be approved in the amount of $2,000.00. 54. LEARNING DISABILITIES ASSOCIATION OF PETERBOROUGH THAT Grant Application #1' 1-41, Learning Disabilities Association of Peterborough, be approved in the amount of $750.00. 55. THE PARTICIPATION HOUSE PROJECT (DURHAM REGION) THAT Grant Application #11 -42, The Participation House Project (Durham Region), be denied, as the Community Grant Program is not intended to provide funding to' organizations that provide services or programs that are the responsibility of another level of government. Report #2 -12- March 7, 2011 56. APPOINTMENT TO THE COMMITTEE OF ADJUSTMENT THAT Report CLD- 008 -11 be received; and THAT John Murray Bate be appointed to the Committee of Adjustment. 57. AMENDMENTS TO PROPERTY STANDARDS BY -LAW 2007 -070 THAT Report CLD- 009 -11 be received; and THAT the By -law to amend Property Standards By -law 2007 -070, attached to Report CLD- 009 -11, as Attachment 1, be approved. 58. REQUEST TO PERFORM SPECIFIC CIVIL MARRIAGE SERVICE OUTSIDE OF COUNCIL CHAMBERS WHEREAS on December 13, 2004, Council passed By -law 2004 -253 to "opt in" to providing civil marriage services; AND WHEREAS the authority to provide the civil marriage services extended to those services held Monday to Friday in the Municipal Administrative Centre only; AND WHEREAS the fee for civil marriages was set at $250 to cover the cost of staff time and use of the Municipal Administrative Centre; AND WHEREAS the.Municipal Clerk has received requests to perform civil marriage services outside of the parameters set by By -law 2004 -253; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON THAT the Municipal Clerk be authorized to perform civil marriage services as follows: Saturday, August 13, 2011 at Isaiah Tubbs Resort, Picton Saturday, August 27, 2011 at Parkwood Estates, Oshawa Friday, September 23, 2011 at Bloom Field, Newcastle THAT the $250 fee be waived in these instances; and THAT the appropriate by -law be forwarded to Council. Report #2 -13- March 7, 2011 . 59. NUMBER OF FIREFIGHTERS ON A FIRE TRUCK — REQUEST FOR REPORT THAT the Director of Emergency Services. be requested to prepare an information report to provide the implications of meeting the minimum of *four firefighters on a fire truck; and THAT this report be prepared for the March 10, 2011 Special Council meeting to discuss the Strategic Plan. • Leading the Way Meeting: COUNCIL Date: March 7, 2011 Report #: PSD- 024 -11 Staff Report # 1 REPORT PLANNING SERVICES Resolution #: File #: PLN 33.3.10 By -law #: N/A Subject: DURHAMIYORK RESIDUAL WASTE PROJECT ANALYSIS OF HOST COMMUNITY AGREEMENT ROLE IN THE ENVIRONMENT ASSESSMENT APPROVAL FOR THE ENERGY FROM WASTE PROJECT RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD- 024 -11 be received; and 2. THAT all interested parties listed in Report PSD- 024 -11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi J. rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer FL /sn /df 2March 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD- 024 -11 PAGE 2 1.0 BACKGROUND 1.1 At the February 14, 2011 Council meeting, Council adopted: "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" 1.2 Staff drafted "Instructions to Consultant" (Attachment 1) to clarify the questions to be addressed by the independent expert. The background material listed and this document were sent to a number of consultants with expertise in Environmental Assessments and Host Community Agreements. Mr. Steven Rowe was selected to undertake this assignment. 2.0 COMMENTS 2.1 Mr. Rowe will be presenting the results of his review to Council on March 7 th 2011. Mr. Rowe's report, The Role of the Clarington Host Community Agreement in the Environmental Assessment for the Proposed Clarington Energy from Waste Plant is Attachment 2. 2.2 Staff have provided Mr. Rowe with clarification as to the Municipality's role, Council Resolutions and other factual information. Staff have not commented on or vetted Mr. Rowe's professional opinion or response to the questions. Staff Contact: Faye Langmaid Attachments: Attachment 1: Instructions to Consultant Attachment 2: Report — The Role of the Clarington Host Community Agreement in the Environmental Assessment for the Proposed Clarington Energy from Waste Plant, by Steven Rowe, Environmental Planner List of interested parties to be notified of Councils decision: EFW Project Team Linda Gasser Gavin Battarino, Ministry of Environment Kerry Meydam Wendy Bracken Doug Anderson Tracey Ali Jim Richards Attachment 1 To Report PSD- 024 -11 INSTRUCTIONS TO CONSULTANT On February 14, 2011, Clarington Council adopted the following resolution: "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 by set." On the basis of your professional experience and judgement: 1. What role did the Host Community Agreement between the Municipality of Clarington and the Region of Durham play in the Minister's approval of the Environmental Assessment for the Durham /York Incinerator (the Environmental Assessment) on October 21, 2010? 2. Is it likely that the Minister of the Environment would not have approved the Environmental Assessment if Clarington was not a willing host with a Host Community Agreement? 3. If the Municipality were to terminate the Host Community Agreement, would the Minister of the Environment reconsider the decision to approve the Environmental Assessment? 4. What role does the Host Community Agreement have with respect to the Minster's consideration of possible future Environment Assessment for the expansion of the Durham /York incinerator? Reference Material: - 1. Terms of Reference for the Durham York Residual Waste Study (March 31, 2006). http : / /www.durhamyorkwaste.ca /ea terms.php 2. York's report on Host Community Agreement Principles dated April 19, 2007. 3. Durham's report on Host Community Agreement Principles. 4. Durham's report on the Host Community Agreement, dated June 16, 2009. 5. Final Environmental Assessment (EA) Study Document (July 31, 2009) — Full Report. http : / /www.durhamyorkwaste.ca /ea study doc.php 6. Host Community Agreement dated February 18, 2010 between the Municipality of Clarington and the Region of Durham. 7. Notice of Approval to Proceed with the Undertaking re: the Amended Environmental Assessment for Durham and York Residual Waste Study, dated October 25, 2010. Background Material: 1. Durham's report of EFW Project Costs and Funding Report 2008 -J -13, May 2008. 2. York's report "Durham York Energy from Waste Project Update ", dated January 19, 2011. 3. Durham's report "Durham /York Energy from Waste Project" 2011 -J -15, dated February 3, 2011. Attachment 2 To Report PSD- 024 -11 THE ROLE OF THE CLARINGTON HOST COMMUNITY AGREEMENT IN THE ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED CLARINGTON ENERGY — FROM WASTE PLANT PREPARED FOR THE MUNICIPALITY OF CLARINGTON M STEVEN ROWE ENVIRONMENTAL PLANNER MARCH 2011 Steven Rowe MCIP RPP • 44 Belsize Drive, Toronto, ON M4S 1L4 416.489.7434 1 Steven @srplan.ca I wwwsrplan.ca environmental planner 1.0 Introduction On February 14, 2011 Clarington Council adopted the following resolution: "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." Steven Rowe Environmental Planner was retained by the Municipality of Clarington ( "Clarington ") on February 18, 2011 to undertake a review of relevant documentation and to provide responses to the following questions: 1. What role did the Host Community Agreement between the Municipality of Clarington and the Region of Durham play in the Minister's approval of the Environmental Assessment for the Durham /York Incinerator (the Environmental Assessment) on October 21, 2010? 2. Is it likely that the Minister of the Environment would not have approved the Environmental Assessment if Clarington was not a willing host with a Host Community Agreement? 3. If the Municipality were to terminate the Host Community Agreement, would the Minister of the Environment reconsider the decision to approve the Environmental Assessment? 4. What role does the Host Community Agreement have with respect to the Minster's consideration of possible future Environment Assessment for the expansion of the Durham/York incinerator? To respond to these questions, relevant legislative provisions and guidance were consulted and background information was gathered from a review of documentation. I also drew from professional experience both in the practice of environmental assessment (EA) in general and in previously providing consulting services to Clarington on the environmental planning aspects of this EA process. A list of resources and Internet links utilized in undertaking this work is provided in Appendix 1. The legislative, guidance and background information is summarized below, with a focus on those specific aspects of each document that assist in providing responses to the questions. General discussion is also provided regarding EA and comparable processes and decisions that have been modified by the Minister or Cabinet. This is followed by a discussion of the way the information applies to each of the questions. A list of reference material provided with the instructions to the consultant is provided as Appendix 1, together with other resources used in preparing this report. The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 2. Legislation and Guidance 2.1 The Environmental Assessment Act The Durham /York Incinerator EA is what is known as "full" or "individual" EA. It is subject to the full requirements of the Act and is not a streamlined or screening process. A new environmental screening process for waste management facilities including "thermal treatment" facilities (under Regulation 101/07) came into effect during this EA process. For future EA approvals the proponent has the option of applying this process to any expansion of the proposed facility. Section 9. (2) of the Environmental Assessment Act (EA Act) specifies the following matters as considerations when the Minister decides on an EA: "The Minister shall consider the following matters when deciding an application: 1. The purpose of the Act. 2. The approved terms of reference for the environmental assessment 3. The environmental assessment. 4. The Ministry review of the environmental assessment. 5. The comments submitted under subsections 6.4 (2) and 7.2 (2). 6. The mediators' report, if any, given to the Minister under section 8. 7. Such other matters as the Minister considers relevant to the application. 1996, c. 27, s. 3. The Minister is therefore not limited by the Act as to what he or she is to consider in making a decision on an EA. The Minister's Decision is subject to the approval of the Lieutenant Governor in Council. Section 11.4 (1) of the Act also provides latitude to the Minister in revisiting Decisions made under the EA Act: "If there is a change in circumstances or new information concerning an application and if the Minister considers it appropriate to do so, he or she may reconsider an approval given by the Minister or the Tribunal to proceed with an undertaking. 1996, c. 27, s. 3; 2000, c. 26, Sched. F, s. 11 (6)." 2.2 EA Codes of Practice In 2007 and 2008 the Ministry of the Environment established Codes of. Practice (COPs) for a number of aspects of EA planning. The COP for Preparing and Reviewing Environmental Assessments in Ontario ( "EA COP ") includes the following in its Statement of Purpose (page 1): "This Code of Practice outlines the legislative requirements and the Ministry of the Environment's (ministry) expectations for the preparation and review of an environmental assessment." It states on page 23 that: 2 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 The impact management measures that will be used to reduce the negative environmental effects must be provided in the environmental assessment. These measures may be either physical (for example, replacing trees which may have to be removed) or non - physical (entering into an agreement with an affected person). Therefore it is an MOE expectation that an agreement that Js regarded as an impact management measure must be provided in the EA. Although different forms of agreements with communities have been proposed and ratified in conjunction with previous EA processes, references to agreements in MOE COPs (including the Consultation and Mediation COPs) are otherwise limited to agreements arising out of mediation. They do not include any further discussion or guidance regarding the relationship of between HCAs or similar agreements and EAs. Regarding reconsideration of decisions under Section 11.4(1) of the Act, the EA COP gives no further guidance other than: "A decision to amend or revoke an approval can only be made in accordance with such rules and subject to such restrictions as may be prescribed." I am not aware of any such rules or regulations. There appears to be no provision for any process, considerations or timelines in reconsidering EA decisions. 3.0 The HCA and the Durham -York EFW EA Process 3.1 Terms of Reference Terms of Reference (TOR) for this EA were approved by the Minister of the Environment on March 31, 2006. The proponent must comply with the TOR when conducting the EA. The TOR do not include any reference to an HCA, therefore Durham and York Regions were not required to engage in an HCA as part of the EA process. 3.2 Principles The prospect of an HCA in relation to this process first emerged formally in April 2007, when the proponents had recently released their Draft Report on the identification of a "short-list" of alternative sites for the facility. At this time, both Durham and York Regions placed staff reports before their respective Councils regarding a proposed Memorandum of Understanding (MOU) between them as to how the energy- from -waste (EFW) project would proceed. The proposed MOU would include provision for an HCA to be negotiated between the host Region and the lower tier municipality in which the project is sited. The reports included a series of "Principles" of an HCA, "proposed to form the basis for negotiations between the Regions and the potential host community ". There are similarities and differences between these Principles and the HCA that was ultimately ratified between Durham and Clarington. One difference is that the Principles propose a royalty on the tonnage of waste processed at the facility payable to Clarington, whereas in the HCA a royalty would only be applied to waste from Toronto and instead, the proponents would provide land and finance a number of infrastructure projects that would benefit Clarington. 3.3 Preferred Site The Draft Step 7 Consultants' Report proposing Clarington 01 as the preferred site for the incineration facility was released in September 2007, and a Final Consultants Recommendation was made in December 2007. Consultants had been retained by Clarington (with financial 3 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 support from the proponents) to peer review both the earlier process to identify a short list of sites (Steps 1 -5) and the Step 7 process to select the preferred site. The peer reviews had raised a number of concerns, regarding the site selection process. Clarington requested responses to the concerns regarding the Step 7 process in a Council resolution on December 12, 2007. Neither the Step 7 Report nor the Steps 1 -5 Short List Report referred to above make any reference to an HCA. Although the topic is discussed in Regional reports as discussed above, stakeholders were not provided with information in the EA about its relationship with the HCA. The mitigation measures later committed to by Durham in the HCA were not explicitly considered in the comparison of the shortlisted sites. 3.4 The Host Community Agreement The HCA was endorsed by Clarington on May 11, 2009 and by Durham Region on June 24, 2009. Clarington and Durham executed the HCA on February 18, 2010. A copy of the HCA is provided as Appendix 2 to this report. The Agreement comprises a number of components. There is a good deal of overlap between the HCA and the MOE Notice of Approval for the EA, so the provisions of both have been summarized for the purpose of comparison in Table 1 of this review. 3.5 The Environmental Assessment Clarington was provided with a draft EA for comment in May 2009. The Municipality coordinated peer review of this document and discussions took place between the peer review team and the proponent team. The results of this review were provided in a Staff Report to the Clarington General Purpose and Administration Committee dated Monday July 6, 2009. The comments indicate continued concerns with the site selection process and other matters. On July 13, 2009 Council declined to adopt these comments but resolved to forward the report, with the comments, to Durham Region and the Ministry of the Environment. An initial EA was submitted to MOE in July 2009, and in December 2009 the proponents submitted an Addendum (dated November 27, 2009) and further technical appendices. The Addendum, among other things, modified the proposed undertaking so that the proposed facility would annually process up to 140,000 tonnes of post diversion residual municipal solid waste, rather than 400,000 tonnes as previously proposed. Any further expansion of the facility would be subject to environmental screening under the process prescribed by Regulation 107/07. This review focuses on the final EA which incorporates the Addendum. The EA makes a number of references to the HCA, but does not actually include a copy of the document. While MOE would normally expect such an agreement to be included with the EA as indicated in the 1998 EA COP, as noted above, the EA does make reference to infrastructure and land, architectural enhancement and air quality monitoring commitments made by Durham in the HCA. No reference is made in the EA to Clarington's status as a "willing host ", nor to Clarington's commitment not to object to the facility. The technical reviewers' (i.e. commenting agencies) consultation comment tables submitted with the initial EA show that Clarington had no comments on the EA. The air quality monitoring provisions agreed to with Clarington in the HCA are referred to in response to some questions from agencies. 4 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 In the public comment summary tables submitted with the initial EA, where members of the public ask about issues raised through Clarington's peer review of the site selection process, the proponent responds that "It is the opinion of the Project Team that all of the comments submitted by Clarington's Peer Reviewers have been addressed. Following the comments received on the Draft EA, no comments have been received from Clarington on the Formal EA submission ". In response to a question from the public about the HCA, the proponent responded: "The Host Community Agreement is outside the scope of this EA study ", however the HCA is referred to in responding to questions regarding bottom ash and air quality monitoring. There are additional responses to questions regarding the addendum but they to not deal with the HCA. 3.6 Ministry Review The Ministry Review of the EA, coordinated by MOE, was released in February 2010. The Review is considered by the Minister in making a Decision on the EA. The Review confirms that the proposed facility will process up to 140,000 tonnes of post diversion residual municipal solid waste annually. While the capacity could be increased up to 400,000, any expansion beyond the proposed 140,000 tonnes will be considered a new undertaking, subject to applicable approval requirements under the EAA. The main body of the review contains no reference to the HCA. Comment tables included with the review include comments and references to the HCA similar to those described above for the EA. 3.7 Comments on Ministry Review A five — week comment period was provided for comments following publication of a Notice of Completion for the Review. I understand that Clarington did not adopt comments on the Ministry Review. 3.8 Notice of Approval The EA was approved by the Minister of the Environment on October 21, 2010, and by Order in Council on November 3, 2010. The provisions of the Decision relevant to this discussion are summarized in Table 1. The complete Decision is included as Appendix 3. Overall: • The "Reasons" make no reference to the HCA as having been a factor in reaching the Decision; • Although the subject matter of much of the Decision is similar to that in the HCA, there are no cross - references; • Generally speaking, environmental protection requirements in the Decision are more stringent, wider in scope and have more rigorous reporting requirements than in the HCA. They could be said to be subsumed by the EA approval. • Commitments in the HCA relating to architectural enhancement and compensation through infrastructure and land provision that are mentioned in the EA could be said to be covered by the approval, although: 5 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 • These mitigation measures were not factored into the site comparison that resulted in the selection of Clarington Site 01 as the preferred site; • The Approval is to proceed with the Undertaking which is defined as including only the Clarington 01 site, whereas these mitigation measures are proposed off -site; • Neither the Ministry Review nor the Approval make reference to the mitigation measures being subject to an HCA and any uncertainty that this might involve. • The Notice of Approval makes no reference to Clarington's position as a willing host, nor to its commitment not to object to the facility. -6 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 TABLE 1: COMPARISON OF HCA WITH NOTICE OF APPROVAL Host Community Agreement Relevant Provisions in EA Notes (summarized) Notice of Approval (summarized) Reasons: There is no mention of Proponent has complied with EA the HCA as having Act, EA was prepared in been considered in accordance with TOR. making the Decision Ability to mitigate has been demonstrated. Consistent with the.Purpose of the EA Act. No significant issues requiring a hearing. Definitions: "Site" means the Clarington 01 site "Undertaking" means the construction and operation of a thermal treatment waste management facility on the site, as set out in the EA. Preamble: Clarington will be the host community, to the benefit of communities in Durham, York, the industrial /commercial sector, and potentially municipal waste from other communities identified in the EA. 1. Term The term does not The term of the agreement is for specifically include the operational lifespan of the construction or EFW facility. decommissioning. If the facility is expanded beyond 400,000 tonnes and the expanded portions of the facility have a 25 -year operation period, the term of the agreement will be expanded or there will be a new HCA. 2. Community Consultation No reference to SLC. and Communications Section 8 Requires an "advisory A new EFW Site Liaison committee" — broader mandate Committee (SLC) is to be than immediate site vicinity established, and there are including representatives from all 7 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 Host Community Agreement (summarized) commitments regarding meetings with Clarington and the SLC regarding the Certificate of Approval for the EFW facility. 3. Protection of Human Health and the Environment Durham committed to state of the art emission control facilities, emission criteria that appear to be generally more stringent than the criteria for EFW facilities in the A7 Guideline currently in effect, and monitoring over a three -year term. Durham to ensure that the EFW Facility utilizes maximum achievable control technology (MACT). 4. Facility Size The Agreement states that Durham is seeking EA approval for an EFW Facility with a capacity of 400,000 tonnes per year and an initial Certificate of Approval (C of A) for 140,000 tonnes per year. The facility may be expanded up to 400,000 tonnes per year through amendments to the C of A. Durham will not construct a transfer station for ICI waste in Clarington without the agreement of Clarington. Relevant Provisions in EA Notes Notice of Approval (summarized) municipalities — includes input, distribution of specifically identified documents. Director requires Community Communications Plan, notice, information, 4+ public meetings. 13. Air Emissions Operational Requirements — in accordance with Schedule 1. MACT is not mentioned in the Notice of Approval. 11. Ambient Air Quality Monitoring and reporting — AAMR plan to be prepared, submit to Director, to be developed by working group — sampling locations —frequency — contaminants to be monitored — annual meeting — until Director says no longer required — MOE Audits — post info on web site 12. Emissions Monitoring — AEMP required to satisfaction of Director — post results on web site. The Notice of Approval also includes odour management and mitigation (18) and noise monitoring and reporting (19) requirements. 22 Amount of Waste - maximum non - hazardous municipal solid waste is 140,000 tonnes per year 25. Amending Procedure — for any changes to the undertaking, determine what EA requirements are to be met and fulfill those requirements. Operational Requirements in the Notice of Approval appear to be as stringent or more stringent than those in HCA, except that HCA has requirements for hydrogen flouride, cadmium +thallium, aggregated arsenic and heavy metals. Overall provisions are generally more stringent than HCA. A new screening process under the EA Act is required for expansion beyond 140,000 tonnes per annum. The HCA was approved prior to the submission of the EA Addendum, which reduced the capacity of the EA undertaking from 400,000 to 140,000 tonnes. 8 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 Host Community Agreement (summarized) 5. Architectural /Site Plan Considerations Durham committed to construct Energy Drive in the Clarington Energy Park and to allow for $9 million for the provision of architectural treatments and upgrades to the EFW facility. 6. Commitment to a Comprehensive Waste Management Strategy Durham committed to a residential waste diversion program to achieve a 70% - diversion rate for the entire Region, and provide Clarington with a hazardous waste collection facility. 7. EFW Facility Waste Sources • The source is to be in accordance with the TOR. (i.e. municipal solid waste from residential sources in Durham and York, Industrial, commercial and Institutional (ICI) waste traditionally managed by Regions, municipal waste from neighbouring non - GTA municipalities providing ash disposal capacity -see TOR page 7) • ICI waste to be screened at transfer station • May process water pollution control plant biosolids waste generated in Durham, up to 10% of total annual tonnage • If City of Toronto waste is processed Clarington would receive a royalty of $10.00 per tonne. Relevant Provisions in EA Notice of Approval (summarized) No related provisions in Notice of Approval. 10. Waste Diversion — reasonable effort to meet programs, policies and targets, Waste Diversion Monitoring Plan, annual reports, post on web site. 21 Types of Waste and Service Area — only non - hazardous from municipal collection from Durham and York permitted — no source separated materials — inspection of incoming waste No provision for ICI waste. Notes The EA approval is generally more stringent than the HCA — changes would require amendment to EA approval, not just C of As. 9 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 Host Community Agreement Relevant Provisions in EA Notes (summarized) Notice of Approval (summarized) 8. Payments in Lieu of Taxes No related provisions in Notice of Durham will not avoid taxes or Approval. payments in lieu of taxes. Amount estimated at $650,000 per year, but amount is outside its direct control. 9. Economic Development No related provisions in Notice of Approved EA makes Durham commits to: Approval . reference to • Providing surplus land, a infrastructure projects stormwater management agreed with Clarington facility sized for the entire through the HCA as Energy park, (with mitigation. reimbursement be benefitting landowners) • Begin an EA process for servicing of the Bowmanville Science Park • Private truck access lane to its facility • Provide additional lands west of Courtice Road, and • A segment of a paved waterfront trail. 10. Operational Issues • Facility to meet ISO No related provisions in Notice of 14001 standard within 36 Approval. months • Operator will prepare, 17. Spill Contingency and maintain and adhere to an Emergency Response Plan — emergency management submit to Director. plan • Bottom ash may be screened and stored outside, fly ash to be contained inside. No No related provisions in Notice of bottom or fly ash to be Approval. disposed of in Clarington • Clarington is to be an No related provisions in Notice of insured party and is Approval. indemnified from actions etc. in relation to the EFW plant 10 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 Host Community Agreement Relevant Provisions in EA Notes (summarized) Notice of Approval (summarized) • Waste vehicles will use No related provisions in Notice of truck access routes Approval. • Durham to provide 11 and 12: air quality and Clarington with an annual emissions reports to be posted On report on emissions web site. 11. End Use Plan No related provisions in Notice of Durham will decommission within Approval. 5 years of ceasing operations 12. Issue Resolution No matching provisions in Notice Dispute resolution process of Approval. 13. Clarington's Commitments No matching provisions in Notice Also no reference to • Clarington will not oppose of Approval. these commitments in the development or the EA operation of the facility • The facility will be considered a "public use" for the purpose of Clarington's Zoning By- law and will not require a zoning amendment • Applications will be expedited • South Service Road to be closed and conveyed to Durham if surplus • Will encourage utilization of district heating provided by the facility 11 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 4.0 Summary: History of Decision - Making on Environmental Assessments During the late 1980's and 1990's it was common for EAs for large -scale and contentious. projects to be referred to the EA Board, or to a Joint Board for hearings under the Consolidated Hearings Act. Some of these hearings resulted in non - acceptance or refusal of EAs, however two Energy- from -Waste plants (in London and Brampton) were approved by Boards during this period. One of the EAs that was not accepted — for the North Simcoe Landfill (1989 — also known as the "Site 41" EA) — resulted in an Order -In Council that prescribed additional investigations to be undertaken. Although this site was approved following a second hearing the proponent eventually elected not to pursue it. Since that time the Ontario Government has moved away from hearings on EAs and decisions are made by the Minister. There have been no hearings on individual EAs since 1998. The current MOE website provides information on 58 EAs dealt with subsequent to 1996. Of these, 53 were approved, only two were denied approval, and a further three were withdrawn. None of these Decisions was revisited (as far as l know) based on new information as provided for by Section 11.4(1) of the EA Act. An expansion to the EFW plant in Brampton was approved by the Minister in 2000. There have been other EA processes that were terminated prior to a Decision being made — the three Interim Waste Authority processes to site landfills in the Greater Toronto Area were abandoned with a change of government in 1995. More recently, in 2010 the Ontario Government decided not to proceed with a proposed natural gas -fired electricity generation plant in Oakville, based on reduced demand for electricity. This proposal was under an environmental screening process for electricity facilities and not an individual EA. The Government's decision was to terminate the proponent's contract which indirectly resulted in the termination of the EA process. There have been changes in direction by government in relation to other large -scale projects of similar scope to EAs. In April 2010 the Minister of Municipal Affairs and Housing issued a Zoning Order intended to prevent Planning Act and Aggregate Resources Act processes for proposed limestone quarry in the City of Hamilton from proceeding. This case is currently under appeal. Also there have been two recent moratoriums to provide opportunities for additional study related to offshore windfarms. Windfarms are subject to the recently introduced Renewable Energy Approvals process under the Environmental Protection Act (EPA) and are no longer under the EA Act screening process for electricity projects. From a general planning perspective there has been shift in favour of EFW over a period of years, partly evidenced by the introduction of the process under Regulation 101/07, which streamlines the EA process aspects of EFW approvals. At the same time the air quality standards for EFW facilities in Guideline A -7 have become more stringent and the requirements in the approval for the Clarington EFW facility are more stringent still. 5.0 Response to Questions The circumstances described above lead to the following responses to the questions posed in this assignment: 12 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 1. What role did the Host Community Agreement between the Municipality of Clarington and the Region of Durham play in the Minister's approval of the Environmental Assessment for the Durham/York Incinerator (the Environmental Assessment) on October 21, 2010? In terms of the technical aspects of the EA the role of the HCA appears to have been very limited: • The selection of the preferred site preceded the HCA and so the Clarington 01 site was considered "preferred" prior to consideration of the additional mitigation arising from the HCA. If a different site had been selected, it also could have been enhanced through an HCA following its selection. • Following approval of the HCA, Clarington resolved to forward the peer review comments to Durham and the Ministry unadopted rather than sending them as the adopted position of Council. This was interpreted in the comment response tables of the EA and the Government Review as Clarington not having made any comments. When members of the public raised these comments they appear to have been given no weight by the proponent. If the HCA had not been approved, the peer review comments may have been adopted and may have taken on a higher profile in the advice given to the Minister and in the Minister's own decision making, but this is not certain, since the proponent claimed that these concerns had already been addressed. • The Minister would have found references to the HCA in the EA and the Ministry Review, in relation to additional mitigation measures and commitments, but this would not have drawn attention to the HCA as an entity in itself. The Ministry Review did not examine the question of peer review information being excluded from consideration because of an agreement that, according to the proponents, is "outside the scope of this EA study ", and whether that type of approach facilitates good decision- making and satisfies the purpose of the EA Act. 2. Is it likely that the Minister of the Environment would not have approved the Environmental Assessment if Clarington was not a willing host with a Host Community Agreement? While the EA Ministry Reviewer and possibly the Minister would have known that Clarington had declared itself a "willing host" and had committed not to object to the facility, there are no references to this in the EA or the Ministry Review and it is not referred in the Reasons for the Decision. At the same time, a "willing host" (preferably the local community as well as the municipality) is generally considered a positive in an EA process, especially when compared with strong opposition. It suggests a degree of social equity in the outcome of the process, although this is not a matter that is discussed in the EA. In a practical sense, a willing host helps manage the risk of disruption and delay to planning and implementation of a project through lack of cooperation and political, legal or other action. Although it is not specifically identified in the Decision an implicit consideration could have been the issue of delay in finding a waste disposal solution given the cessation of waste exports to Michigan, the need for new disposal capacity, and difficulties in securing approvals for new capacity. Most of the direct environmental benefits included in the agreement (particularly air quality and monitoring) have been subsumed by the more stringent requirements in the Notice of Decision, which also adds noise and odour management and reporting. In this regard the HCA provides no net gain. 13 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 The proposed infrastructure investments and provision of land committed to in the agreement are presented as economic benefits in the EA and can be regarded as an environmental effect within the broad scope of the EA Act. Again, however, these terms were negotiated after Clarington Site 01 had been selected through the site selection process and the lack of these benefits would likely not have affected the Minister's overall Decision. If the project is considered to be beneficial to the environment as defined in the Act, then the prospect of delay could be seen as having a potential environmental effect — but none of this finds its way into the Decision. Other considerations relating to the HCA are outlined above in relation to Question 1. While the infrastructure proposals in the HCA may have reinforced a view that the Clarington 01 site was preferred, they were not a factor in the initial site selection and the Ministry Review is not critical of the way the site selection process was conducted. If Clarington had been in opposition to the proposal the Ministry may, have encouraged the parties to make a greater effort to resolve outstanding issues. Section 8 of the EA Act provides for an opportunity for mediation and there is a separate Code of Practice in relation to this, however I am not aware of any circumstances in which this provision has been invoked. No individual other than the Minister can know how much weight was given to different aspects of the Ministry Review and any further considerations in reaching a Decision, but the matters discussed above suggest that the Minister may well have approved the EA in the absence of an HCA. 3. If the Municipality were to terminate the Host Community Agreement, would the Minister of the Environment reconsider the decision to approve the Environmental Assessment? It is open for Clarington or some other party to make a request for the Minister to reconsider the Decision under Section 11.4 (1) of the Act. There is no formal procedure for reconsideration; however the Minister can refer the issue to the Environmental Tribunal. I know of no other instances where this provision has been invoked, so there may be no precedents for this. It may be open to the Minister to decline to reconsider based on an initial review, or to institute a more formal process if this is deemed to be necessary. There is no provision in the Act that requires work on a project to be suspended while reconsideration is being reviewed. Given the circumstances outlined above including the implications of delay, the loss of infrastructure investment that did not play a part in the initial selection of the preferred site as well as Clarington's previous position, there may not be a sufficiently compelling argument for the Decision to be revisited. If it was revisited, the outcome may not be favourable to Clarington. 4. What role does the Host Community Agreement have with respect to the Minister's consideration of possible future Environment Assessment for the expansion of the Durham/York incinerator? For an expansion to the facility beyond 140,000 tonnes the proponent would likely choose the option of proceeding through the Environmental Screening Process prescribed by the Waste Management Projects Regulation (Regulation 101/07) rather than an individual EA. This is a proponent- driven process that would not come before the Minister for a decision unless there is a request that the process be "bumped up" to require an individual EA. The capacity of the facility as approved is limited to 140,000 tonnes per year. Durham originally intended to obtain EA approval for a 400,000 tonne facility, to build a 140,000 tonne facility as a 14 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 first phase, and to phase expansion so that subsequent phases would be approved through technical approvals under the EPA. Under the approval granted by the Minister, further approvals under the EA Act would be required to expand the facility beyond 140,000 tonnes per year. Section 1.2 of the Agreement makes provision for a new Host Community Agreement only if the capacity is expanded beyond 400,000 tonnes. The signatories to the HCA understood at the time that the agreement related to a facility that would ultimately have a maximum capacity of 400,000 tonnes. As things have transpired, however, the approved capacity of the facility approved under the EA Act is 140,000 tonnes and the agreement has not been amended to reflect the new reality. Because of the "no opposition" clause in the agreement Clarington would be constrained from opposing an expansion within the 400,000 tonne range. A request by Clarington for elevation of a process to expand the facility under the Regulation would likely be interpreted to be opposition to the project. 15 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Steven Rowe Environmental Planner March 2011 APPENDIX 1: RESOURCES AND INTERNET LINKS Resources and References Provided with Instructions to Consultant Terms of Reference for the Durham York Residual Waste Study (March 31, 2006). http :/ /www.durhamyorkwaste.ca /ea terms.php York's report on Host Community Agreement Principles dated April 19, 2007. Durham's report on Host Community Agreement Principles #2007 -J -14 dated April 17, 2007 Durham's report on the Host Community Agreement # 2009- COW -02, dated June 16, 2009. Final Environmental Assessment (EA) Study Document (July 31, 2009) — Full Report. http : / /www.durhamyorkwaste.ca /ea study_ docphp Host Community Agreement dated February 18, 2010 between the Municipality of Clarington and the Region of Durham. Notice of Approval to Proceed with the Undertaking re: the Amended Environmental Assessment for Durham and York Residual Waste Study, dated October 25, 2010. Background Material: Durham's report of EFW Project Costs and Funding Report 2008 -J -13, May 2008. York's report "Durham York Energy from Waste Project Update ", dated January 19, 2011. Durham's report "Durham/York Energy from Waste Project" 2011 -J -15, dated February 3, 2011. Other Resources and References; Environmental Assessment Act: http: / /www.e- laws.gov.on.ca /html /statutes /english /elaws statutes 90e18 a htm MOE EA projects webpage at: http: / /www.ene.gov.on.ca /environment/en /industry /assessment and approvals /e nvironmental assessments /STDPROD 076016 MOE EA Codes of Practice links found at: http: / /www.ene.gov.on.ca /environment/en /industry /assessment and approvals /e nvironmental assessments /STDPROD 075715.html MOE Waste Management Projects Regulation and Guide linked at: http: / /www.ene.gov.on.ca /environment/en /industry /assessment and approvals /e nvironmental assessments /STDPROD 075733 Step 3 -5 and Step 7 Site Selection Reports and Ministry Review linked at http: / /www.durhamyorkwaste.ca /study index.htm Clarington Reports PSD- 021 -10 AND PSD- 071 -09 and related resolutions APPENDIX 2: EXECUTED HOST COMMUNITY AGREEMENT FOR THE PROPOSED CLARINGTON ENERGY - FROM -WASTE PLANT 1.w, This Host Community Agreement dated the 18th, day of February, 2010 is made, BETWEEN: - -- THE REGIONAL MUNICIPALITY OF DURHAM ( "Durham ") -and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WHEREAS: ( "Clarington ") (a) Durham jointly,with The Regional Municipality of York, is in the midst of a procurement process designed to identify a preferred vendor capable of designing, building and operating an energy from waste ( "EFW Facility") sufficient to meet their needs, as identified through an individual environmental assessment (the "EA ") undertaken to identify a preferred method of processing post - diversion waste; (b) The EA process has resulted in the approval by Durham Regional Council of a preferred site for the EFW Facility within the Municipality of Clarington ( "Clarington'), more particularly described in Schedule "A" hereto. (c) Durham is completing its requirements to finalize the EA for submission to the Minister of the Environment and to make application under the Environmental Protection Act for one or more Certificates of Approval. (d) Clarington will be the host community of the EFW Facility to the benefit of communities in Durham, York, the industriaUcommercial /institutional sector, and potentially municipal waste from other municipalities identified in the EA. (e). Durham and Clarington wish to enter into this agreement in order to set forth their respective rights, duties, obligations and commitments regarding the development, construction and operation of the EFW Facility. NOW THEREFORE the parties agree as follows: 1. Term 1.1 This agreement shall commence upon the date that it is last signed and shall last for the operational lifespan of the EFW Facility. 1.2 In the event that the facility is expanded beyond 400,000 tonnes per year and the expanded portions of the EFW Facility have a twenty five (25) year operating period, Durham and Clarington either shall extend the term of this agreement or enter into a new Host Community Agreement. -2- 2. Community Consultation and Communications 2.1 Durham shall support the development and operation of an EFW Site Liaison Committee (SLC) for the purpose of facilitating input from the community and the distribution of relevant information in regards to the construction, operation and monitoring of the EFW facility. 2.2 The scope for a Terms of Reference for a new SLC shall be agreed upon by Durham and Clarington at the conclusion of the mandate of the initial SLC, which terms shall otherwise be generally analogous to the current committee. 2.3 Durham shall present to Clarington Council and hold one community information meeting prior to the submission of the final EA documentation to the Ministry of the Environment for approval. In addition, Durham shall make a presentation to Clarington Council and shall hold one community information meeting before the Site Liaison Committee regarding the terms of the Certificate of Approval for the EFW Facility subsequent to its issuance, 3. Protection of Human Health and the Environment 3.1 Durham shall ensure that the EFW Facility incorporates and utilizes modem, state of the art, emission control technologies that meet or exceed the Ontario A7 air emission guidelines and European Union standards as identified below: -3- THE REGIONS' AIR EMISSION CRITERIA BASED UPON THE PROVINCE OF ONTARIO AND EUROPEAN UNION AIR EMISSION REQUIREMENTS Total Particulate Matter _ mg /Rm3 9 (2) Sulphur Dioxide (S02)_ mglRm3 35 (3) Hydrogen Chloride (HCI) mg /Rm3 9 (4) Hydrogen Flouride (HF) mg/km3 0.92 (4) Nitrogen Oxides (NOx) mg /Rm3 180 (4) Carbon Monoxide (CO) mg /Rm3 45 (4) Mercury (H9) µy/Pµ3 15 (2) Cadmium (Cd) µy/pµ3 7 (2) Cadmium + Thallium (Cd + Th) µy/Pµ3 46 (2) Lead (Pb) 47/P43 50 (2) Sum of (As, Ni, Co, Pb, Cr, Cu, V, Mn, µy/Pµ3 460 (2) Dioxins pg /Rm3 60 (2) Organic Matter (as CH4) mg /Rm3 49 (2) NOTES: (1) = All units corrected to 11% 02 and adjusted to Reference Temperature and Pressure mg/Rm3 = Milligrams per Reference Cubic Metre (25oC, 101.3 kPa) *g/Rm3 = Micrograms per Reference Cubic Metre (25 °C, 101.3 kPa) pg/Rm3 = Picograms per Reference Cubic Metre (25oC, 101.3 kPa) (2) Calculated as the arithmetic average of 3 stack tests conducted in accordance with standard met (3) Calculated as the geometric average of 24 hours of data from a continuous emission monitoring (4) Calculated as the arithmetic average of 24 hours of data from a continuous emission monitoring -4- 3.2 Durham shall ensure that the EFW Facility utilizes maximum achievable control technology (MALT) for emissions control and monitoring systems. Durham and the operator shall seek to achieve normal operating levels significantly better than the emission limits identified in Section 3, 1. 3.3 Durham shall ensure that, where technically possible, the EFW Facility utilizes 24/7 monitoring systems for such parameters as are deemed appropriate by the Ministry of the Environment. The results of such monitoring systems shall be made accessible to the public on a website or programmable display board designed for such purpose. In addition, Durham shall ensure that the operator monitors the ambient air in the immediate vicinity of the EFW Facility for a three year term commencing upon the commencement of operations. 4. Facility Size 4.1 Durham is seeking approval from the Ministry of the Environment to construct and operate an EFW Facility with a total processing capacity of up to 400,000 tonnes per year of municipal solid waste. 4.2 The parties hereto acknowledge and agree that EFW Facility will not immediately be constructed to the ultimate capacity. Durham will be seeking an initial Certificate of Approval for the construction and operation of a facility for approximately 140,000 tonnes per year. The capacity of the EFW Facility may be expanded, as required by Durham and York, up to the maximum permissible capacity set forth by the Ministry of the Environment in the Certificate of Approval which may be amended from time to time. The EFW Facility may not be expanded in excess of 400,000 tonnes per year. 4.3 At the time of any expansion, Durham will give consideration to improvements to the emission control system to meet the then current MACT standards and shall apply for a new or amended Certificate of Approval if required by the Province of Ontario. 4.4 Durham will not construct a transfer station for ICI waste in Clarington without the agreement of Clarington. 5. Architectural /Site Plan Considerations 5.1 Clarington shall be consulted with respect to the architectural and site plan requirements section(s) of the Request for Proposals. 5.2 Clarington and Durham shall negotiate in good faith the terms of a site plan agreement for the development of the EFW Facility site which shall include the lands required for the private truck access lane referred to in paragraph 9.5. Durham shall comply with normal site plan and building code permit requirements and shall construct Energy Drive through their lands identified on Schedule "A ". 5.3 Durham shall incorporate a cash allowance of no less than Nine Million Dollars ($9,000,000) in the Request for Proposals ( "RFP ") for the provision of architectural treatments and upgrades to the EFW Facility. Durham shall consult with Clarington on the proposed architectural treatments received from the preferred bidder and prior to submitting their site plan application to Clarington for approval. -5- 5.4 At the time of any expansion, Durham will include similar and consistent architectural treatments and upgrades to any new portions of the EFW` Facility. Durham shall consult with Clarington on the proposed architectural treatments during the finalization of the arrangements with the Operator for the expansion and prior to submitting their site plan application to Clarington for approval of the expansion. 6. _ Commitment to a Comprehensive Waste Management Strategy 6.1 Durham shall continue to implement and support an aggressive residual waste diversion and recycling program to achieve and /or exceed a 70% diversion recycling rate for the. entire Region. 6.2 . Durham shall establish a hazardous waste depot to serve the residents of Clarington within one (1) year of commissioning of the EFW Facility. 7. EFW Facility Waste Sources 7.1 Durham shall ensure that. the source of the waste processed at the EFW Facility is consistent with that identified in the EA Terms of Reference and supporting documentation. 7.2 The Parties agree that Industrial, Commercial and Institutional ( "ICI ") Waste, with a similar composition to municipal solid waste, may be processed at the EFW Facility provided that said ICI Waste is first screened at a transfer station to ensure the removal of any undesirable and hazardous materials. 7.3 The EFW Facility may be utilized to process biosolid wastes generated from water pollution control plants located within Durham Region on an emergency basis in order to support Durham's other operations provided that biosolid wastes do not comprise more than 10% of the.total annual tonnage of waste processed at the EFW Facility in a calendar year. 7.4 Notwithstanding the provisions of 7.1 hereof, in the event that the source of waste processed at the EFW Facility at any subsequent time includes the City of Toronto,_ .then Clarington shall be paid the sum of Ten Dollars ($10.00) per tonne for each tonne of wastelrom that source. 8. Payments in Lieu of Taxes 8.1 Durham shall not structure the ownership of the EFW Facility in any way designed to attain tax'exempt status or to avoid the Payments in Lieu of Taxes (PIL's). 8.2 Durham acknowledges that the PIL will be in the vicinity of $650,000 per year. However Durham cannot guarantee the exact amount as that is a matter outside of its, direct control. 9. Economic Development 9.1 Durham shall acquire title by way of agreement or expropriation to the properties described in Schedule "B ". Upon the properties described in Schedule "BA being determined by Durham Regional Council to be surplus to the present or future requirements of the Regional Municipality of Durham, then Durham shall convey, at nominal consideration, some part of the lands described in Schedule "B" to The Municipality of Clarington. 9.2 Prior to the commissioning of the EFW Facility, Durham shall complete construction of Energy Drive from Courtice Road to Osbourne. Road as a Type "C" Arterial road, complete with -6- all applicable services including: sanitary sewerage, watermains, storm drainage, district heating, and street lighting and shall dedicate Energy Drive to Clarington as a public highway. 9.3 Durham shall construct a storm water management facility of a sufficient size to accommodate development of the Energy Park and Clarington shall execute a front - ending agreement in order to receive and reimburse Durham for the proportional costs of same from any benefiting landowners within the Energy Park. Provided approval to cross the CN Railway line with the necessary drainage works can be reasonably obtained from the Canadian National Railway, then Durham shall construct the storm water management facility on the lands described in 9.7 hereof. 9.4 Durham shall commence an environmental assessment process to support the provision of municipal services to the east Bowmanviile science park which is located north of Highway 401. 9.5 Durham shall construct a private truck access lane with landscaping or other screening on its lands on the north side of the Canadian National Railway line connecting with,Courtice Road to be utilized, where possible, for all deliveries of waste to the EFW Facility. 9.7 Durham shall convey to Clarington at a nominal cost the lands on the west side of . Courtice Road identified in Schedule "CA. 9.8 Concurrent with the construction of the EFW Facility, Durham shall construct a segment of a paved asphalt waterfront trail on a mutually agreed upon alignment from Courtice Road to the eastern limits of Durham's lands south of the Courtice Water Pollution Control Plant. 10. Operational Issues 10.1 Durham shall require the operator of the EFW Facility (the "Operator") to have the EFW Facility compliant with the International Standards Organization 14001:2004 Environmental Management Standard (ISO 14001) within thirty six (36) months of its commencing operations and to maintain such compliance thereafter. 10.2 Durham small ensure that the Operator prepares, maintains and adheres to an Emergency Management Plan (including. spills) for the EFW Facility which Plan shall be reviewed and approved by the Clarington Emergency and Fire Services Department. 10.3 Deleted 10.4 Durham shall ensure that the bottom and fly ash generated at the EFW Facility are dealt with in a manner which complies with all applicable legal and regulatory requirements and approvals. Bottom ash can be stored outside if fully screened. Fly ash shall be stored internally in a building until the time of transfer to a disposal site. No bottom ash or fly ash shall be disposed of in a landfill site in Clarington. 10.5 Durham will require the Operator of the EFW Facility to provide a certificate of insurance showing the Municipality of Clarington as an additional insured thereon. 10.6 Durham hereby agrees to indemnify and hold Clarington harmless from all manner of actions, causes of action, suits, demands, and claims whatsoever in connection with any and all injuries up to and including death, or damages to its property, which may occur as a result of the design, construction or operation of the EFW Facility save and except when such injury, loss or -7- damage is occasioned by the negligent acts or omissions or willful misconduct of Clarington, or those for whom it is at law responsible.. . 10.7 Durham shall ensure that all waste haulage vehicles accessing and egressing the EFW Facility site will use the truck access routes. _10.8_ In addition to all public information,_ the Operator_ shall on or before March- 31st -in each calendar year provide the Clerk of Clarington with a report related to the emissions output from the EFW Facility for the previous calendar year. 11. End Use Plan 11.1 Durham shall decommission and dismantle the EFW Facility within five (5) years of its ceasing of operations to a standard suitable for re -use as an industrial /commercial site. 12. Issue Resolution 12.1 In the event of any dispute, disagreement, or claim arising. under or in connection with this Agreement, then the parties hereto shall, upon written notice from either party, meet as soon as reasonably possible in order to resolve said dispute. 12.2 In the event that informal discussions are not effective in resolving any disputes or differences of opinion arising between the parties which concern or touch upon the validity, construction, meaning, performance or effect of this Agreement, then said dispute shall first be mediated within a sixty (60) day time period prior to any dispute proceeding to arbitration. The parties shall determine a mutually agreeable location for the mediation to occur. The parties shall make all reasonable efforts to resolve their disputes by amicable negotiations and agree to provide, without prejudice, frank, candid, and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. Any resolution of the dispute in mediation shall be kept confidential by all parties. 12.3 By giving a notice in writing to the other party, not later than ten (10) working days after the date of termination of the mediated negotiations, all matters remaining in difference between the parties in'relation to this Agreement shall then be referred to the arbitration of a single arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. The award and determination of the arbitrator or arbitrators or two of the three arbitrators shall be binding upon the parties and their respective heirs, executors, successors, administrators and assigns. 13. Clarington's Commitments 13.1 Clarington agrees, in consideration of the aforementioned commitments on the part of Durham, to be a willing host to the EFW Facility and to acknowledge that willingness as follows: 1 It shall not oppose the development or operation of the EFW Facility; .2 It acknowledges that, provided that there is public ownership of the EFW Facility and the site by one or more municipalities, it will be considered a "public use" for the purposes of the Zoning By -law and that is not necessary to amend the Clarington Official Plan or Zoning By -law; .3 It shall expedite the review of all applications for approval submitted by, or on behalf of, the Operator or Durham related to the construction, maintenance and operation of the EFW Facility; and, .4 Should the existing South Service Road ever be deemed to be surplus due to the construction of Energy Park Drive, the South Service Road shall be closed and conveyed to Durham for nominal consideration; and, .5 It shall strongly encourage and promote development within the Clarington Energy Business Park and other areas of Clarington to utilize district heating and cooling provided by the EFW Facility. 14. Miscellaneous 14.1 This agreement is entered into solely between Durham and Clarington and is not intended or designed, and in fact it explicitly excludes the creation of any rights or beneficial interests in any third party save and except the Regional Municipality of York in so far as its interest exists in the EFW Facility, from time to time. 15. Further Assurances The parties hereby covenant and agree, after a request in writing by one party to the other parties, to forthwith execute and provide all further documents, instruments and assurances as may be necessary or required in order to carry out (and give effect to) the true intent of this Agreement, and to effect the registration against and release from title to the lands subject to this Agreement of such notices or other instruments in,-accordance with the provision of this Agreement. 16. Enurement This Agreement shall enure to the benefit of and bind the parties hereto and their respective successors and assigns. -9- IN WITNESS WHEREOF Durham and Clarington have executed this Host Community Agreement. THE REGIONAL. MUNICIPALITY OF DURHAM Per: _ Anderso Regional Chair --r to Per: at Madill, Regional Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: f Y, ayor - - P tti arri lerk Schedule "A" Legal Description of Proposed Site of EFW Facility Part of Lot 27, Concession Broken Front, Darlington, designated as Parts 1 and 2 on 40R- 19984, save and except Parts 1 and 2 on 40R- 20362, Municipality of Caarington, Regional Municipality of Durham, being all of PIN 26605- 0082(LT) Schedule "B" Legal Description of Lands Proposed to be acquired FIRSTLY: PT LTS 27 & 28 BROKEN FRONT CONCESSION, DARLINGTON, AS IN N41298 SAVE & EXCEPT PART 1 PL 40R21517 NORTH OF THE CANADIAN NATIONAL RAILWAY; MUNICIPALITY OF CAARINGTON, REGIONAL MUNICIPALITY OF DURHAM, being all of PIN 26605 -0086 (LT) SECONDLY: PT LT 28 BROKEN FRONT CONCESSION, DARLINGTON BEING PTS 2 & 3 on 10R2689; MUNICIPALITY OF CAARINGTON, REGIONAL MUNICIPALITY OF DURHAM, being all of PIN 26605 -0030 (LT) THIRDLY: PT LT 28 BROKEN FRONT CONCESSION, DARLINGTON being PT 1, 10R2689;' MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM, being all of PIN 26605 -0031 (LT) " 7 Schedule "C" Legal Description of Lands to be Transferred to Clarington FIRSTLY: PT LT 29 AND 30 BROKEN FRONT CONCESSION, DARLINGTON being PTS 1, 2, AND 3, 40R20750; _ MUNICIPALITY OF CARRINGTON, REGIONAL MUNICIPALITY OF DURHAM, being all of PIN 26604 -0017 (LT) SECONDLY: PT LT 29 BROKEN FRONT CONCESSION, DARLINGTON being PT 1 on 10R571; MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM, being all of PIN 26604 -0016 (LT) APPENDIX 3: MOE NOTICE OF APPROVAL TO PROCEED WITH THE CLARINGTON ENERGY - FROM -WASTE PLANT UNDERTAKING ENWRONMENTAL ASSESSMENT ACT SECTION 9 NOTICE OF APPROVAL TO PROCEED WITH THE !UNDERTAKING RE: The Amended Environmental Assessment for Durham and York Residual Waste Study . Proponent: The Regional Municipalities of Durham and York EA File No.: 04- EA -02 -08 TAKE NOTICE that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above -noted undertaking, expired on April 2, 2010. 1 received 185 submissions requesting a hearing by the Environmental Review Tribunal before the expiration. date. I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry Review of the environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to the conditions set out below. Page 1 of 19 REASONS My reasons for giving approval are: (1) -_ The proponent_ has_ complied with the _requirernents of the Environmental Assessment Act. (2) The environmental assessment has been prepared in accordance with the approved Terms of Reference. (3) On the basis of the proponent's environmental assessment and the ministry Review, the proponent's conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages: appears to be valid. (4) No other beneficial alternative method of implementing the undertaking was identified. (5) The proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated or remedied. (6) on the basis of the proponent's environmental assessment, the ministry Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2). (7) The ministry's review of: the government, public and Aboriginal community submissions on the environmental assessment; the environmental assessment; and the ministry Review has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required. (8) The submissions received after the Notice of Completion of ministry Review was published are being addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required, where appropriate. I am not aware of any significant outstanding issues with respect to this undertaking which suggest that a hearing should be required. CONDITIONS The approval is subject to the following conditions: i. Definitions For the purposes of these conditions: "advisory committee" means the committee established pursuant to Condition 8 of this Notice of Approval. "GEM" means an air emissions monitoring system which continually monitors concentrations of certain contaminants emitted by the facility. "date of approval' means the date on which the Order in Council was approved by the Lieutenant Governor in Council. 'Director' means the Director of the Environmental Assessment and Approvals Branch. Page 2 of 19 "District Manager" means the Manager of the Ministry of the'Environment's York - Durham Office. "EAAB° means the Environmental Assessment and Approvals Branch of the Ministry of the - Environment. - - -- -- _- — - -- - - - - -- — - - - "environmental assessment" means the document titled DurF amNork. Residual - Waste Study Environmental Assessment Study Document (As Amended November 27, 2009). "ministry means the Ontario Ministry of the Environment, or successor, unless specific reference is made to another Ministry. "non - hazardous municipal solid waste' means the waste that is generated within the municipalities of Durham and York and collected as part of the proponents municipal collection process. 4proponent" means the Regional Municipality of Durham and the Regional Municipality of York. "Qualified, independent Professional Engineer" means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act who is not an employee of the Regional Municipality of Durham, the Regional Municipality of York, the operator of the undertaking, or the ministry, who has not been involved in the design of the undertaking or preparation of documentation as part of an application for approval of the undertaking but who is knowledgeable about the Environmental Protection Act, Regulation 347 and Ontario Regulation 419/05, ministry guidelines affecting thermal treatment facilities, any other ministry approval issued for the undertaking as well as being experienced at assessing compliance with environmental legislation and requirements of certificates of approval issued under the Environmental Protection Act. "receipt" means the arrival and acceptance of waste at the site, whether remaining in the vehicles used to transport the waste to the site or unloaded from the vehicles used to transport the waste to the site. "Regional Director" means the Director of the ministry's Central Regional Office "site' means the 12.1 hectare parcel of land referred to as Clarington 01 in the environmental assessment and is located south of Highway 401 on the west side of Osboume Road and north of the CN Rail corridor in the Municipality of Clarington. `start of construction" means physical construction activities including, site preparation works, but does not include the tendering of contracts. "undertaking" means the construction and operation of a thermal treatment waste management facility on the site, as set out in the environmental assessment. 2. General Requirements 2.1 The proponent shall comply with the provisions in the environmental assessment which are hereby incorporated in this Notice of Approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the site or the undertaking, Page 3 of 19 2.2 These conditions do not prevent more restrictive conditions being imposed under other statutes. 2.3 A statement must accompany the submission of any documents, reporting -----re written notices_ required by this Notice of Approval t( be submitted to the Director or Regional Director identifying which conditions the submission is intended to address in this Notice of Approval. 3. Public Record 3.1 Where a document, plan or report is required to be submitted to the ministry, the proponent shall provide two copies of the final document, plan or report to the Director a copy for filing in the specific public record file maintained for the undertaking and a copy for staff use. 3.2 The proponent shall provide additional copies of the documents required for the public record file to the following for access by the public: a) Regional Director; b) District Manager, c) Clerks of the Regional Municipality of Durham, the Regional Municipality of York:, and the Municipality of Clarington; and, d) Advisory Committee (as required in Condition 8 of this Notice of Approval). 3.3 The EAAB file number EA -08 -02 shall be quoted on all documents submitted by the proponent pursuant to this Condition. 4. Compliance Monitoring Program 4.1 The proponent shall prepare and submit to the Director a Compliance Monitoring Program outlining how it will comply with conditions in the Notice of Approval and other commitments made in the environmental assessment. 4.2 A statement shall accompany the submission of the Compliance Monitoring Program indicating that the submission is intended to fulfil Condition 4 of this Notice of Approval. 4.3 The Compliance Monitoring Program shall be submitted within one year from the date of approval, or a minimum of 60 days prior to the start of construction, whichever is earlier. 4.4 The Compliance Monitoring Program shall describe how the proponent will monitor its fulfilment of the provisions of the environmental assessment pertaining to mitigation measures, public consultation, and additional studies and work to be carried out the fulfilment of all other commitments made by the proponent during the environmental assessment process; and the conditions included in this Notice of Approval. 4.5 The Compliance Monitoring Program shall contain an implementation schedule. Page 4 of 19 4.6 The Director may require amendments to the Compliance Monitoring Program, including the implementation schedule. If any amendments are required by the Director, the Director will notify the proponent of the required amendments in writing. 4.7 The proponent shall implement the Compliance Monitoring Program, as it may be amended by the Director. 4.8 The proponent shall make the documentation pertaining to the Compliance Monitoring Program available to the ministry or its designate in a timely manner when requested to do so by the ministry. 5. Compliance Reporting 5.1 The proponent shall prepare an annual Compliance Report which describes its compliance with the conditions of approval set out in this Notice of Approval and which describes the results of the proponent's environmental assessment Compliance Monitoring Program required by Condition 4 5.2 The annual Compliance Report shall be submitted to the Director within one year from the date of approval, with the first report being due in 2011, and shall cover all activities of the previous 12 month period. 5.3 Subsequent compliance reports shall be submitted to the Director on or before the anniversary of the date of approval each year thereafter. Each Compliance Report shall cover all activities of the previous 12 month period. 5.4 The proponent shall submit annual Compliance Reports until all conditions in this Notice of Approval and the commitments in the environmental assessment are satisfied. 5.5 Once all conditions in this Notice of Approval have been satisfied, or have been incorporated into any other ministry approval, the proponent shall indicate in its annual Compliance Report that the Compliance Report is its final Compliance Report and that all conditions in this Notice of Approval have been satisfied. 5.6 The proponent shall retain either on site or in another location approved by the Director, a copy of each of the annual Compliance Reports and any associated documentation of compliance monitoring activities. 5.7 The proponent shall make the Compliance Reports and associated documentation available to the ministry or its designate in 'a timely manner when requested to do so by the ministry. 6. Complaint Protocol 5.1 The proponent shall prepare and implement a Complaint Protocol setting out how it will deal with and respond to inquiries and complaints received during the design, construction and operation of the undertaking. 6.2 The Complaint Protocol shall be provided to the advisory committee for review prior to submission to the Director. Page 5 of 19 6.3 The proponent shall submit the Complaint Protocol to the Director within one year from the date of approval or a minimum of 60 days prior to the start of construction, whichever is earlier. 6,4 The Director may require the proponent to amend the Complaint Protocol at any time. Should an amendment be required, the Director will notify the proponent in writing of the required amendment and date by which the amendment must be completed. 6.5 The proponent shall submit the amended Complaint Protocol to the Director within the time period specified by the Director in the notice. 7. Community Involvement 71 The proponent shall prepare and implement a Community Communications Plan. The plan shall be prepared, in consultation with the EAAB and to the satisfaction of the Director- 7.2 The proponent shall finalize and submit the Community Communications Plan to the Director prior to the initial receipt of non - hazardous municipal solid waste at the site. 7.3 The Community Communications Plan shall include at a minimum details on: a) How the proponent plans to disseminate information to interested members of the public and any Aboriginal communities; b) How interested members of the public and any Aboriginal communities will be noted and kept informed about site operations; and, c} The procedures for keeping interested members of the public and Aboriginal communities informed about information on documents related to the undertaking, and when and how the information will be made available. 7.4 The proponent shall give notice of and provide information about the undertaking to interested members of the public and Aboriginal communities through an internet web site and by other means. Such information shall include: a) Activities that are part of the undertaking, including monitoring activities; b) Reports and records related to the undertaking that are required to be submitted under this Notice of Approval or under any other ministry approvals that apply to the undertaking; and, c) Information on the Complaint Protocol required by Condition 6 of this Notice of Approval. 7.5 The proponent shall hold public meetings to discuss the design, construction and operation of the undertaking, including, but not limited to: a) At least one meeting prior to the start of construction; b) At least one meeting prior to the receipt of non - hazardous municipal solid waste on site; and, e) At least one meeting a minimum of six months but not later than 12 months after the initial receipt of non- hazardous municipal solid waste on the site. Page 6 of 19 7.6 The proponent shall provide notice of the public meetings a minimum of 15 days prior to the meeting. 7.7 The proponent shall give the Director written notice of the time, date and location — of each of the required community_ meetings -a- minimum -of 15-days-prior to-the- meeting. 8.. Advisory Committee - 8.1 The proponent shall establish an advisory committee to ensure that concerns about the design, construction and operation of the undertaking are considered and mitigation measures are implemented where appropriate. 8.2 The proponent shall provide administrative support for the advisory committee including, at a minimum: a) Providing a meeting space for advisory committee meetings; b) Recording and distributing minutes of each meeting;. C) Preparing and distributing meeting notices; and', d) Preparing an annual report about the advisory committee's activities to be submitted as part of the Compliance Reports required by Condition 5 of this Notice of Approval. 8.3 The proponent shall invite one representative from each of the following to participate on the advisory committee: a) Each of the lower tier municipalities in the Regional Municipality of Durham; and, b) Each oft I he lower tier municipalities in the Regional Municipality of York. 8.4 The proponent shall invite one representative from Central Lake Ontario Conservation Authority, and any other local conservation authorities that may have an interest in the undertaking to participate on the advisory committee. 8.5 The proponent shall invite one representative from each of the following local community groups to participate on the advisory committee: a) DurhamCLEAR; b) Durham Environmental Watch; and, c) . Zero Waste 4 Zero Burning. 8.6 The proponent may also invite other stakeholders to participate in the advisory committee, including, but not limited to, interested members of the public, Aboriginal communities, and other federal or provincial agencies. 8.7 A representative from the ministry shall be invited to attend meetings as an observer. 8.8 The advisory committee shall be provided with a copy of the documents listed below for information and may review the documents as appropriate and provide comments to the proponent about the documents, including the: Page 7 of 19 a) Compliance Monitoring Program required by Condition 4; b) Annual Compliance Report required by Condition 5; c) Complaint Protocol required by Condition 6; d} Community Gommunicafii>ns Plan requiredy Condition 7; e) The annual reports required by Condition 10; f) Ambient Air Monitoring and Reporting Plan and the results of the ambient air monitoring program required by Condition 11; g) Air Emissions Monitoring Plan required by Condition 12; h) Written report prepared and signed by the qualified professional required by Condition 16.5; i) Spill Contingency and Emergency Response Plan required by Condition 17;. j) Odour Management and Mitigation Plan and the Odour Management and Mitigation Monitoring Reports required by Condition 18; k) Noise Monitoring and Reporting Plan as required by Condition 19; !) Groundwater and Surface Water Monitoring Plan, the results of the groundwater and surface water monitoring program, and the annual report on the results of the groundwater and surface water monitoring program required by Condition 20; and, m) Notice in writing of the date that municipal solid waste is first received as required by Condition 23. 8.9 The proponent shall hold the first advisory committee meeting within three months of the date of approval. At the first meeting, the advisory committee shall develop a Terms of Reference outlining the governance and function of the advisory committee. 8.10 The Terms of Reference shall, at a minimum, include: a) Roles and responsibilities of the advisory committee members; b) Frequency of meetings; c) Member code of conduct; d) Protocol for dissemination and review of information including timing; and, e) Protocol for dissolution of the advisory committee. 8.11 The proponent shall submit the advisory committee's Terms of Reference to the Director and Regional Director. 9. Consultation With Aboriginal Communities 9.1 The proponent shall continue to consult with any interested Aboriginal communities during the detailed design and implementation of the undertaking. Page 8 of 19 10. Waste Diversion 10.1 The proponent shall make a reasonable effort to work cooperatively with all lower tier municipalities to ensure that waste diversion programs, policies and targets - -- set -by- the - Regional - Municipalities- are -being -met - - -- - - - - - 10.2 The proponent shall prepare and implement a Waste Diversion Program Monitoring Plan. 10.3 The Waste Diversion Program Monitoring Plan shall provide a description of monitoring and reporting which shall at minimum include: a) Results of at source diversion programs and policies to determine the waste diversion rates and practices at both the regional and lower tier municipal level within the Regional Municipalities of Durham and York. b) Progress in the diversion programs, policies, practices and targets described- in the environmental assessment, at both the regional and lower tier municipal level within the Regional Municipalities of Durham and York. c) Monitoring results for any additional diversion programs, policies, practices and targets carried out within the Regional Municipalities of Durham and York, which are not described in the environmental assessment. 10.4 The proponent shall prepare and submit to the Director and Regional Director, commencing one year after the approval of the undertaking, annual reports detailing the results of the Waste Diversion Program Monitoring Plan. 10.5 The proponent shall post the Waste Diversion Program Monitoring Plan and the annual reports required on the proponent's web site for the undertaking. 11. Ambient Air Monitoring and Reporting 11.1 The proponent shall prepare, in consultation with the ministry's Central Region Office and to the satisfaction of the Regional Director, an Ambient Air Monitoring and Reporting Plan for the undertaking 11.2 The proponent shall submit the Ambient Air Monitoring and Reporting Plan to the Director and Regional Director a minimum of nine months prior to the start of construction or by such other date as agreed to in writing by the Regional Director. 11.3 The proponent shall establish a working group that will provide advice on the development of the Ambient Air Monitoring and Reporting Plan. The Regions will, at a minimum, extend an invitation to Health Canada, the Durham Region Health Department, York Region Public Health Services, one participant from the advisory committee, and any other relevant federal or provincial government agencies including the ministry. 11.4 The Ambient Air Monitoring and Reporting Plan shall include at minimum; a) An ambient air monitoring program which includes an appropriate number of sampling locations. Siting of the sampling locations shall be done in accordance with the Ministry of the Environment's Operations Manual for Air Quality Monitoring in Ontario, March 2008, as amended from time to time; Page 9 of 19 b) The proposed start date for and frequency of the ambient air monitoring and reporting to be carried out; c) The contaminants that shalt be monitored as part of the Ambient Air Monitoring and Reporting Plan; and, d} At least one meeting on an annual —asis between the proponent –and -the Regional Director to discuss the plan, the results of the ambient air monitoring program and any changes that are required to be made to the plan by the Regional Director. 11.5 The proponent shall implement the ambient air monitoring program prior to the receipt of non - hazardous municipal solid waste on the site or at such other time that may be determined by the Regional Director and communicated to the proponent in writing and shall continue the monitoring until such time as the Regional Director notifies the proponent in writing that the Ambient Air Monitoring Program is no longer required. 11.8 The Regional Director may require changes to be made to the Ambient Air Monitoring and Reporting Plan and the proponents shall implement the plan in accordance with the required changes. 11.7 The proponent shall report the results of the ambient air monitoring program to the Regional Director in accordance with the Ambient Air Monitoring and Reporting Plan. 11.8 Audits will be conducted by the ministry, as outlined in the Ministry of the Environment's Audit Manual for Air Quality Monitoring in Ontario, March 2008 to confirm that siting and performance criteria outlined in the Operations Manual are met. The proponent shall implement any recommendations set out in the audit report regarding siting of the sampling locations and performance criteria. The proponent shall implement the recommendations in the audit report within three months of the receipt of an audit report from the ministry. 11.9 The proponent shall post the Ambient Air Monitoring and Reporting Plan and the results of the ambient air monitoring program on the proponent's web site for the undertaking upon submission of the plan or results of the program to the ministry. 12. Emissions Monitoring 12.1 The proponent shall install, operate and maintain air emissions monitoring systems that will record the concentrations of the contaminants arising from the incineration of waste. 12.2 The air emissions monitoring systems shall be installed and operational prior to the receipt of non- hazardous municipal solid waste at the site. 12.3 The proponent shall prepare and implement an Air Emissions Monitoring Plan. The Plan shall be prepared, in consultation with the ministry and to the satisfaction of the Director. 12.4 The Air Emissions Monitoring Plan shall include, at a minimum: a) identification of all sources of air emissions at the site to be monitored; Page 10 of 19 b) identification of which contaminants will be monitored by continuous emissions monitoring and which by stack testing; c) The proposed start date for and frequency of air emissions monitoring; d) Jhe requency-of -and- format for -_reporting-- the - results- of- air-emissions-- monitoring; - -_ e) The contaminants that shall be monitored, which shall include at a minimum those contaminants set out in Schedule 1 to this Notice of Approval; and, f} A notification, investigation and reporting protocol to be used in the event that the concentration(s) of one or more of the contaminants released from an emission source that requires approval under Section 9 of the Environmental Protection Act exceed'the relevant limits. 12.6 The proponent shall submit the Air Emissions Monitoring Plan to the director, a minimum of six months prior to the start of construction or by such other date as agreed to in writing by the Director 12.6 The proponent shall implement the Air Emissions Monitoring Plan such that the monitoring commences when the first discharges are emitted from the facility to the air or at such other time as the Director may agree to in writing and shall continue until such time as the Director notifies the proponent in writing that the Air Emissions Monitoring Plan is no longer required. 12.7. The proponent shall post the reports of the air emissions monitoring systems on the proponent's web site for the undertaking. 12.8 For those contaminants that are monitored on a continuous basis, the proponent shall post on the proponent's website for the undertaking the results of the monitoring for each of those contaminants in real time. 13. Air Emissions Operational Requirements 13.1 The proponent is expected to operate the undertaking in accordance with Schedule 1 of this Notice of Approval. if the facility is not operating in accordance with Schedule 1, the operator is required to take steps to bring the facility back within these operational requirements. 13.2 Schedule 1 sets out the operational requirements the ministry expects the facility to meet during the normal operating conditions of the facility when operating under a steady state but does not include start up, shut down, or malfunction. 13.3 . The timing and frequency of monitoring for a contaminant in Schedule 1 shall be as required by the approval granted to the facility under the Environmental Protection Act, should approval be granted. 14. Daily Site Inspection 14.1 The proponent shall conduct a daily inspection of the site including the non- hazardous municipal solid waste received at the site, each day the undertaking is in operation to confirm that: a) The site is secure; Page 11 of 19 b) The operation of the undertaking is not causing any nuisance impacts; c) The operation of the undertaking is not causing any adverse effects on the environment; d) The undertaking is being operated in compliance with the conditions in this Notice of Approval and any other ministry approvals issued for the undertaking; and, e) Only non - hazardous waste is being received at the site. 14,2 If, as a result of the daily inspection, any deficiencies are noted by the employee in regard to the factors set out in Condition 14.1 above, the deficiency shall be remedied immediately by the proponent. if necessary to remedy the deficiency, the proponent shall cease operations at the site until the deficiency has been remedied. 14.3 A record of the daily inspections shall be kept in the daily log book required in Condition 15. The information below must be recorded in the daily log book by the person completing the inspection and includes the fallowing information: a) The name and signature of the person that conducted the daily inspection; b) The date and time of the daily inspection c) A list of any deficiencies discovered during the daily inspection; d) Any recommendations for action; and, e) The date, time and description of actions taken. 14A The proponent shall retain either on site or in another location approved by the District Manager, a copy of the daily log book and any associated documentation regarding the daily site inspections, 15. Daily Record Keeping 15,1 The proponent shall maintain a written daily log which shall include the fallowing information: a) Date; b) Types, quantifies and source of non- hazardous municipal solid waste received; c) Quantity of unprocessed, processed and.residual non - hazardous municipal solid waste on the site; d) Quantities and destination of each type of residual material shipped from the site; e) The record of daily site inspections required to be maintained by Condition 14.3; f) A record of any spills or process upsets at the site, the nature of the spill or process upset and the action taken for the clean up or correction of the spill or process upset, the time and date of the spill or process upset, and for spills, the time that the ministry and other persons were notified of the spill pursuant to the reporting requirements of the Environmental Protection Act; Page 12 of 19 g) A record of any waste that was refused at the site, including: amounts, reasons for refusal and actions taken; and., h) The name and signature of the person completing the report. 5 -2- The proponent shall ruin, either on site -®r in am tl -r ovation appr©v-�i-d-b District Manager, a copy of the daily log book and any associated documentation. 15.3 The proponent shall make the daily log book and any associated documentation available to the ministry or its designate in a timely manner when requested to do so by the ministry. 16. Third Party Audits 16.1 The proponent shall retain the services of a Qualified, Independent Professional Engineer to carry out an independent audit of the undertaking. 16.2 Within six months from the date of approval or other such date as agreed to in writing by the Regional Director, the proponent shall submit to the Director and the Regional Director, the name of the Qualified, Independent Professional Engineer and the name of the company where he/she is employed. 16.3 The proponent shall submit an audit plan to the satisfaction of the Regional Director that sets out the timing of and frequency for the audits, as well as the manner in which the audits are to be carried out. 16.4 The audit shall .include, at a minimum, the following: a) A detailed walkthrough of the entire site; b) A review of all operations used in connection with the undertaking; and, c) A detailed review of all records required to be kept by this Notice of Approval or under any other ministry approvals for the undertaking. d) The proponent shall obtain from the Qualified, Independent Professional Engineer, a written report of the audit prepared and signed by the Qualified, Independent Professional Engineer that summarizes the results of the audit. 16.5 The proponent shall submit the written report summarizing the result of the audit to the Regional director no later than 10 business days following the completion of the audit. 16.6 The proponent shall retain either on site or in another location approved by the Regional Director, a copy of the written audit report and any associated documentation. 16.7 The proponent shall make the written audit report and any associated documentation available to the ministry or its designate in a timely manner when requested to do so by the ministry. 16.8 The proponent shall post the written audit report on the proponent's web site for the undertaking following submission of the report to the ministry. Page 13 of 19 17. Spilt Contingency and Emergency Response Plan 17.1 The proponent shall prepare and implement a Spill Contingency and Emergency Response Plan. 17.2 The proponent shall submit to the Director, the Spill Contingency and Emergency Response Plan a minimum of 60 days prior to the receipt of non - hazardous -_ - municipal solid waste at the site or such other date as agreed to in writing by the Director. 17.3 The Spill Contingency and Emergency Response Plan shall include; but is not limited to: a) Emergency response procedures, including notification procedures in case of a spill, fires, explosions or other disruptions to the operations of the facility b) Cell and business phone numbers and work locations for all person(s) responsible for the management of the site; c) Emergency phone numbers for the local ministry office, the ministry's Spills Action Centre, and the local Fire Department; d) Measures to prevent spills, fires and explosions; e) Procedures for use in the event of a fire; f} Details regarding equipment for spill clean -up and all control and safety devices; g) Shut down procedures for all operations associated with the undertaking including alternative waste disposal site locations; h) Maintenance and testing program for spill clean -up equipment and fire fighting equipment ;. i) Training for site operators and emergency response personnel; and, j) A plan, identifying the location and nature of wastes on site. 17.4 The proponent shall provide the Spill Contingency and Emergency Response Plan to the District Manager, the local Municipality of Clarington and the local Municipality of Clarington Fire Department a minimum of 30 days prior to the initial receipt of non- hazardous municipal solid waste at the site or such ether date as agreed to in writing by the Director. 17.5 The proponent shall take all necessary steps to contain and clean up a spill on the site. A spill or upset shall be reported immediately to the ministry's Spills Action Centre at (416) 325 -3000 or 1- 800 - 268-6060. 18. Odour Management and Mitigation 18.1 The proponent shall prepare, in consultation with the ministry's Central Region Office and to the satisfaction of the Regional Director, and implement an Odour Management and Mitigation Plan for the undertaking. 18.2 The proponent shall submit the Odour Management and Mitigation Plan to the Regional Director a minimum of six months prior to the start of construction or at such other time as agreed to in writing by the Regional Director. Page 14 of 19 18.3 The Odour Management and Mitigation Plan shall include at a minimum: a) Standard operating and shut down procedures; b) Maintenance schedules; c) Ongoing monitoring for and reporting of odour; _- - d) Corrective action measures and other best management practices for - ongoing odour control and for potential operational malfunctions; e) A schedule for odour testing at sensitive receptors; and, f) A section that specifically addresses odour control measures should operation of the undertaking be disrupted or cease. 18.4 The proponent shall prepare and submit the Odour Management and Mitigation Monitoring Reports annually to the Regional Director with the first report submitted beginning six months following the initial receipt of non- hazardous municipal solid waste at the site or such other date as agreed to in writing by the Regional Director. 18.5 The Odour Management and Mitigation Monitoring Reports shall be submitted every 12 months from the date of the submission of the first report or until such time as the Regional Director notifies the proponent in writing that the Odour Management and Mitigation Monitoring Reports are no longer required. 18.5 The proponent shall post the Odour Management and Mitigation Monitoring Reports on the proponent's web site for the undertaking following submission of the reports to the Regional Director. 19. Noise Monitoring and Reporting 19.1 The proponent shall prepare and implement a Noise Monitoring and Reporting Flan for the undertaking. - 19.2 The proponent shall submit the Noise Monitoring and Reporting Plan to the Director a minimum of 90 days prior to the start of construction or such other date as agreed' to in writing by the Director. 19:3 The Noise Monitoring and Reporting Plan shall include a protocol to ensure that the noise emissions from the facility comply with the limits set out in the Ministry of the Environment's Publication NPC -205 "Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban) ", October 1995, as amended from time to time. 19.4 The proponent shall post the Noise Monitoring and Reporting Plan and on the proponent's web site for the undertaking following submission of the plan to the Director. 20. Groundwater and Surface Wafter Monitoring and Reporting 20.1 Prior to the start of construction, the proponent shall identify any areas where the undertaking may affect groundwater or surface water. For those areas, the proponent shall prepare and implement, in consultation with the ministry's Page 15 of 19 Central Region Office and to the satisfaction of the Regional Director, a Groundwater and Surface Water Monitoring Plan. 20.2 The proponent shall provide the Groundwater and Surface Water Monitoring Plan - -to other-any-government agencies - for- review-and comment, as- may -be - - appropriate. 20.3 The Groundwater and Surface Water Monitoring Plan shall include at a minimum: a} A groundwater and surface water monitoring program; b} The proposed start date and frequency of groundwater and surface water monitoring; c) The contaminants that shall be monitored as part of the groundwater and surface water monitoring program; and, d) At least one meeting each year between the proponent and the Regional Director to discuss the plan, the results of the monitoring program and any changes that are required to be made to plan by the Regional Director. 20.4 The proponent shall submit the Groundwater and Surface Water Monitoring Plan to the Regional Director a minimum of 90 days prior to the start of construction or such other date as agreed to in writing by the Regional Director. 20.6 The Regional Director may require changes to be made to the Groundwater and Surface Water Monitoring Plan and the proponent shall implement the plan in accordance with the required changes. 20.6 The groundwater and surface water monitoring program shall commence prior to the receipt of non - hazardous municipal solid waste at the site or such other time as agreed to in writing by the Regional Director, and shall continue until such time as the Regional Director notes the proponent in writing that the groundwater and surface water monitoring program is no longer required. 20.7 Thirty days after waste is first received on site, the proponent shall prepare and submit to the Director and Regional Director, a report containing all of the results of the groundwater and surface water monitoring program. 20.8 The proponent shall prepare and submit to the Director and Regional Director, an annual report containing the results of the groundwater and surface water monitoring program. The first report shall be submitted 12 months from the start of the monitoring program and every year thereafter. 20.9 The proponent shall prepare and submit to the Director and Regional Director, a report containing the results of the groundwater and surface water monitoring program within 30 days of any of the following events: a) A spill occurs on site; b) A fire or explosion occurs on site; c} A process upset; or d) Any disruption to normal operations that may directly or indirectly have an impact on groundwater or surface water. Page 16 of 19 20.10 The proponent shall post the Groundwater and Surface Water Monitoring Plan and all reports required by this condition on the proponent's web site for the undertaking fallowing submission of the plan and reports to the ministry. 21 -Types nflNaste arxd -mice Atrea _- 21.1 Only non- hazardous municipal solid waste from municipal collection within the - - jurisdictional boundaries of the Regional Municipality of Durham and the Regional Municipality of York may be accepted at the site. 21.2 Materials which have been source separated for the purposes of diversion shall not be accepted at this site. This prohibition does not apply to the non- recyclable residual waste remaining after the separation of the recyclable materials from the non- recyclable materials at a materials recycling facility or other processing facility. 21.3 The proponent shall ensure that all incoming waste is inspected prior to being accepted at the site to ensure that only non - hazardous municipal solid waste is being accepted. 21.4 If any materials other than non - hazardous municipal solid waste are found during inspection or operation, the proponent shall ensure that management and disposal of the material is consistent with ministry guidelines and legislation. 22. Amount of Waste 22.1 The maximum amount of non - hazardous municipal solid waste that may be processed at the site is 140,000 tonnes per year. 23. Notice of the Date Waste First Received 23:1 Within 15 days of the receipt of the first shipment of waste on site, the proponent shall give the Director and Regional Director written notice that the waste has been received. 24. Construction and Operation Contracts 24.1 In carrying out the undertaking, the proponent shall require that its contractors, subcontractors and employees: aj fulfil the commitments made by the proponent in the environmental assessment process, including those made in the environmental assessment and in the proponent's responses to comments received during the environmental assessment comment periods; b) meet applicable regulatory standards, regarding the construction and operation of the undertaking; c) obtain any necessary approvals, permits or licenses; and, dj have the appropriate training to perform the requirements of their position. Page 17 of 19 25. Amending procedures 25.1 Prior to implementing any proposed changes to the undertaking, the proponent shall determine what Environmental Assessment Act requirements are applicable _- -- to_theproposecichanges and_shall_fuifilt those_EavLironmentat_AssessmentAct requirements. s Dated the day of GI" 2010 at TORONTO. Minis! of the Environment 77 VYel'dqiey Street West 11 th Floo Ferguson Block M7'A M Approved by O.C. No. 1514, 120 +o Date O.C. Approved N43 Ef"6�2 5, 20 +0 Page 18 of 19 Schedule 1 —Air Emissions Operational Renuiromantm item Contaminant Operational Requirements 1. Particulate Matter 9 mg /Rm3 2. Cadmium 7 ug/Rm3 3. Lead 50 ug/Rm3 4. Mercury 15 ug /Rm3 5. Dioxins & Furans 60 pg/Rm3 6. Hydrogen Chloride 9 mg/Rm3 7. Sulphur Dioxide 35 mg /Rm3 8. Nitrogen Oxides 121 mg/Rm3 9. Organic Matter . 50 ppmdv (33 mg/Rm3) 10. Carbon Monoxide 35 ppmdv (40 mg/Rm3) 11: Opacity 5% (2 -hour average) 10% 6- minute average) RULUM. mWRm'-milligram per reference cubic metre; u4M0-rnicrograms per reference cubic metre; pg1Rm' -picagrams per reference cubic metre; ppmdv -parts per million by dry volume Page 19 of 19 Unfinished Business #1 Excerpt of Council Minutes February 14, 2011 Resolution #C- 092 -11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Item #1(b) of Report #1 — Report ESD- 003 -11 — Newcastle Fire Hall #2 — Relocation and Construction be tabled until the Council meeting of March 7, 2011. "CARRIED" Clarftwn REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 7, 2011 Resolution #: By -law#: /v /14 Report#: ESD- 003 -11 File #: Subject: NEWCASTLE FIRE HALL #2 - RELOCATION AND CONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD- 003 -11 be received for information. Submitted by: i� Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services Reviewed by :� J i -, ,, C ---�� qC. Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 F (905)623 -4169 REPORT NO.: ESD -003 -11 1.0 BACKGROUND AND COMMENT PAGE 2 1.1 At their meeting of June 1, 2010 Council passed a resolution to approve the Rudell Road site for the Newcastle Fire Station and also authorized staff to proceed with the Request for Proposal for an architect/design consultant to move ahead with the detailed design. 1.2 In October 2010, a contract was awarded to ZAS Architects Inc., Toronto for the design of the fire hall based on the terms and conditions of an RFP issued in August 2010. 1.3 Meetings with the Municipal Project Team and the Architect's team have been on -going since November in order to complete the first phase of the project; the design of the Newcastle Fire Hall #2. 2.0 ANALYSIS 2.1 The process for the design phase of this project has included numerous meetings with the architectural team, the Planning Department for site plan approval and the Municipality's IT Division and data /communication systems consultant. Soil testing has also been completed and the report is pending. 2.2 Included in the process have been a number of visits by the Architects and Emergency Services staff to recently constructed fire halls in Oshawa, Pickering and Markham for the purpose of determining trends, design features and innovations in design and operating components. 2.3 At the outset of this project it was proposed that this facility include energy and conservation features required to satisfy the Leadership in Energy and Environmental Design (LEED) Silver program. Moving forward, the introduction of the LEED features will be governed by the cost estimates and should we REPORT NO.: ESD -003 -11 2.4 3.0 3.1 3.2 3.3 PAGE 3 include such features, the decision to seek LEED certification will be determined by the cost and the available funds. It has been noted that the 2009 LEED program has changed and the rating will be affected by the site location whereby points will not be available because of the low density suburban location. ZAS Architects Inc. has finalized the design of the facility and the project team has selected and approved the design. Representatives of ZAS Achitects Inc. will be on site for the General Purpose and Administration Committee Meeting on February 7 to make a short presentation on the design of the new fire hall. FINANCIAL Funding for this project is provided in the following accounts: Development Charges $1,044,977.00 Ontario Power Generation $ 750,000.00 Federal Grant $ 21,000.00 Reserve Funds $2,684,023.00 Total $4,500,000.00 Additional funding assistance has been submitted in the form of JEPP Grants. Applications for assistance with the Emergency Generator, Communication Tower and Emergency Operations Centre have been submitted and at the time of this report, no response has been received regarding approvals. To date, funds committed are for the architectural services and the soil testing representing approximately 6 to 8% of available funds. Based on information and estimates received to date, the project is within budget. 3.4 Queries with respect to Department needs, specifications, etc., should be referred to the Director of Emergency and Fire Services. REPORT NO.: ESD -003 -11 4.0 CONCLUSION PAGE 4 4.1 With the completion of the design phase, staff will now move on to complete the pre- tender contractor prequalification phase during the month of February. Once the pre - qualification process is complete and the contractors selected, the tender is expected to be to be issued during the month of March. 4.2 Upon receipt and evaluation of tenders, a report with recommendations for award will be provided for Council approval in April. 4.3 Based on the current schedule, construction of the new hall is expected to start in late April or early May, 2011. Completion and building occupancy is expected to be May 2012. 5.0 INPUT FROM OTHER SOURCES 5.1 Report ESD- 003 -11 has been reviewed by the appropriate Municipal Staff. SUMMARY OF BY -LAWS March 7, 2011 BY -LAWS 2011 -018 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Kingsberry Properties) (Item 3 of Report #2) 2011 -019 Being a by -law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision 18T- 90003, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of 18T -90003 (Item 3 of Report #2) 2011 -020 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (William Tonno Construction Ltd.) (Item 3 of Report #2) 2011 -021 Being a by -law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision 18T- 89055, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of 18T -89055 (Item 3 of Report #2) 2011 -022 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Halminen Homes) (Item 5 of Report #2) 2011 -023 Being a by -law to exempt a certain portion of Registered Plan 40M- 2364 from Part Lot Control (Item 7 of Report #2) 2011 -024 Being a by -law to amend Zoning By -law 84 -63 of the Corporation of the Municipality of Clarington (1557366 Ontario Inc.) (Item 8 of Report #2) 2011 -025 Being a by -law to amend By -law 2007 -070 being a by -law for prescribing standards for the maintenance of all property within the Municipality of Clarington (Item 57 of Report #2) HANDOUTS /C IRCULATIONS COUNCIL To: Mayor Foster and Members of Council From: C. Anne Greentree, Deputy Clerk Date: March 4, 2011 Subject: COUNCIL AGENDA — MARCH 7, 2411 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 16 Donald G. Duthie, CD, Major (Ret), Sponsoring Committee Chairman, 172 Clarington Squadron Royal Canadian Air Cadets, requesting permission to hold tag days on Thursday, May 5 to Sunday, May 8, 2011, in and around Clarington to raise funds to finance cadet activities. (Motion to approve tag days on Thursday, May 5 to Sunday, May 8, 2011) COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of February 25, 2011 Attached please find a corrected Page 1 of Report #1 removing the words "and Councillors "' from Item #2 Part (2) Section (c). CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905- 623 -6506 CLERK'S DEPARTMENT MEMO UNFINISHED BUSINESS PAGE 2 1. Report ESD- 003 -11 — Newcastle Fire Hall #2 — Relocation and Construction Should it be the desire of Council to approve Report ESD -003 -11, once lifted from the table, it is staff's recommendation that the motion be amended to add the following: "THAT the presentation of Zas Architects Inc. of Feb 7, 2011 be received, and THAT the architectural design for the Newcastle Fire Hall Station #2, as presented by Zas Architects Inc. on February 7th to the General Purpose and Administration Committee, be approved." BY -LAWS 2011 -026 Being a by -law to appoint an individual as a Parking Enforcement Officer for Private Property (Sandra Hunt- Mimra) (120, 124, 128, 132 and 136 Aspen Springs Drive) 2011-027 Being a by -law to appoint an individual as a Parking Enforcement Officer for Private Property (Eric Chase) (47 Liberty Street South) C. Anne Greentree, CMO Deputy Clerk CAG /cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS March 7, 2011 a) Kaylin Morissette and Julie Cryderman — Request for Financial Assistance - U19 World Championship - Women's Field Lacrosse (Correspondence Item D - 10) b) Mark Foley --- Report PSD- 016 -11 - Two (2) Proposed Draft Plans of Subdivision and Two (2) Zoning By -Law Amendment Applications to Permit a Mixed Residential Development (Kingsberry Properties (1317870 Ontario Limited) & William Tonno Construction Limited) (Item 3 of Report #2) v REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 7, 2011 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, FEBRUARY 25, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND- 004 -11 2012 To 2015 Operating and Capital Forecast (b) COD -008 -11 Corporate Advertising Versus Corporate Newsletter 2, 2011 CURRENT AND CAPITAL BUDGET 1. THAT Report FND -003 -11 be received; 2. THAT the 2011 Operating and Capital budgets as outlined in Schedule "A ", at an estimated tax levy impact of 3.45% (exclusive of tax policy impacts), as directed in Report FND -003 -11 be approved, with the following amendments: a. THAT Revenue Losses, Item #7, "Reduce Contribution from Veridian Interest — One Time in 2010 ", be changed from $300,000 to $150,000 b. THAT Expense Increases, Item #28, "WSIB Surcharge ", be changed from $100,000 to $70,000 c. THAT the Mayor's office budgets be amended as follows: • Phone & Fax accounts be reduced by $2,700; • Staff Development accounts be reduced by $5,000; • Reception account be reduced by $5,000; and • Office expenditures account be reduced by 3,000 for a total reduction of $15,700 CORPORATION OF THE MUNICIPALITY OF CLARINCTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905- 623 -3379 The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant Meeting of Council for the Municipality of Clarington March 7, 2011 Assignment On February 14, 2011, Clarington Council adopted the following resolution "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." Environmental Assessment Act The EA Act lists matters to be considered in making a Decision but also adds NA such other matters as the Minister considers relevant..." ►An HCA is therefore not excluded from consideration � The EA Act allows the Minister to revisit a Decision if there is a change in circumstances or new information and if the Minister considers it appropriate to do so EA Codes of Practice EA Code of Practice sets out Ministry 11%expectations" Agreements are to be included in the EA ► No further guidance as to how reconsideration of Decisions is to be undertaken Evolution of the HCA No reference in EA Terms of Reference — not arequirement for the EA "Principles" considered by York and Durham in April 2007 No reference to HCA in site selection reports — was not a factor in site selection HCA endorsed by Clarington May 11, 2009 and executed February 18, 2010 HCA and the EA References to HCA mitigation measures (land, infrastructure, architectural, air quality) in initial (July 2009) and Final (November 2009) EA documents but HCA document not included No references in EA to 'willing host" or Clarington agreement not to object Final EA document reduces plant capacity requested for EA approval from 400,000 to 140,000 tonnes per year but HCA was not revised to reflect this HCA and the EA (continued) Clarington had coordinated peer review of the EA but these comments were forwarded to the proponent and MOE without adoption (July 13, 2009) Comment tables in EA show no comments from Clarington — responses to public comments say Clarington concerns have been addressed Comment tables in EA say HCA was outside the scope of the EA Study Ministry Review of the EA (February 2010) Review and Comments considered by Minister in making Decision Confirms 140,000 tonnes per year capacity- expansions up to 400,000 tonnes require EA screening process No reference to HCA in main body of Ministry Review (i.e. not "up front" as information for the Minister) Comment tables similar to those for EA Clarington did not comment on Ministry Review Notice of Approval (October 2010) "Reasons" make no reference to HCA despite overlap in content Environmental protection requirements more stringent in Decision than in HCA - HCA provisions subsumed No reference to 11 willing host" or commitment not to oppose ► Decision incorporates commitments in EA (including HCA commitments) but the "undertaking" is limited to the EFW site Decision - Making on EAs: Pre -1998 Hearings were common for large scale EA projects in the late 1980's and 1990's Some hearings resulted in non acceptance/ ref u sa I of EAs 2 EFW plants approved following hearings North Simcoe Board Decision was revisited. Other decisions were challenged ► No requests for reconsideration after change in circumstances (as far as I know). Decision - Making on EAs: Post -1998 EA Decisions are now made by the Minister: last EA hearing was in 1998 Of 58 post -1996 EAs on MOE website, 53 approved, 2 denied, 3 withdrawn Denials were due to on on -site environmental conditions Expansion to Brampton EFW plant was approved by Minister No reconsiderations as far as I know Other Major Projects Interim Waste Authority abandoned - 1995 ►Oakville generation plant contract terminated - 2010 ► Flamborough Quarry terminated by zoning order — 2010 Offshore wind moratorium — 2011 More reversals in 2010/11 but general shift in favour of EFW Question 1: Role of HCA in the EA Approval Site was selected as preferred prior to HCA ►Without HCA Clarington may have adopted peer review comments E Very limited references to HCA in EA and Ministry Review and comments e No references to HCA in Notice of Approval ► Role of HCA in Decision appears to have been limited Question 2: Would Minister have approved if Clarington not a willing host with HCA? Reviewer and possibly Minister may have known of 'willing host" but no references in EA, Review or Decision "Willing host" generally considered as a positive in EA Issue of delay may have been implicit -waste capacity and environmental cost. 'Willing host" and HCA is insurance against delay Direct environmental benefits of HCA subsumed by EA Decision Infrastructure and land benefits of HCA not negotiated until after preferred site selected On balance, facts suggest willing host and HCA had little if any effect on the Minister's Decision Question 3: Would Minister reconsider if HCA terminated? ► It is open to Clarington to make a request under the EA Act ► May reconsider if the Minister considers it appropriate to do so Po. Can be referred to Tribunal I know of no other instances of a request or reconsideration following a change in circumstances /new information oo. Given above considerations including delay, limited effect of infrastructure and land in EA, Clarington's previous position, Minister may not wish to reconsider. Minister or Tribunal may not wish to reverse decision if it is revisited Question 4: Role of HCA re: Minister's consideration of future expansions Subject to EA screening process: no role for Minister unless there is an elevation request Section lZ of HCA makes provision for new HCA if capacity extended beyond 400,000 tonnes Signatories understood 400,000 tonne limit — difference is EPA versus EA screening for expansions to reach that limit "No opposition" provision Clarington from opposing 400,000 tonne range in EA constrains expansions within the