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HomeMy WebLinkAbout03/28/2011Clar! n Energizing OntaHO DATE: MONDAY, MARCH 28, 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 March 7, 2011 Minutes of a special meeting of Council held March 10, 2011 PRESENTATIONS a) Certificate of Recognition — Sandra McBride and Dr. Wendy Korver, Bowmanville Veterinary Clinic — Canada's "Clinic of the Year" b) Foster Loucks, Chair, Deb Hammons, CEO and Karen O'Brien, Public Affairs Officer, Central East Local Health Integration Network — Central East LHIN Overview DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information 1- 1 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 14, 2011 1 - 2 Minutes of the Newcastle Memorial Arena Management Board dated February 8, 2011 1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated March 8, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - March 28, 2011 1 - 4 Minutes of the Central Lake Ontario Conservation Authority dated March 15, 2011 1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham York Residual Waste Project Energy- From -Waste Advisory Committee 1 - 6 Barbara North, Director, Spay Neuter Durham — Introduction of Spay Neuter Clinic 1 - 7 Clifford Curtis, Commissioner of Works, Regional Municipality of Durham and Erin M. Mahoney, Commissioner of Environmental Services, Regional Municipality of York — Durham -York Energy from Waste Project Certificate of Approval Application Submission 1 - 8 John R. O'Toole, MPP, Durham — Highway 407 East Extension 1 - 9 Mary Medeiros, Acting City Clerk, City of Oshawa - Highway 407 East Extension 1 - 10 John R. O'Toole, MPP, Durham — Expansion of the Capital Gains Tax Exemption 1- 11 George F. Vella, Vella & Pratt, Barristers and Solicitors — Dredging of the Bowmanville Creek 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham - 2011 Annual Solid Waste Management Servicing and Financing Study 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Long Term Strategic Property Tax Plan for the Region of Durham - 2011 Update 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Agricultural Advisory Committee (DAAC) 2010 Annual Report and 2011 Workplan 1 - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Environmental Advisory Committee (DEAC) 2010 Annual Report and 2011 Workplan Receive for Direction D - 1 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic - 2011 Terry Fox Run D - 2 Leah Tanner, Fundraising Coordinator, Durham Region Unit — Canadian Cancer Society - "Daffodil Month" Council Agenda - 3 - March 28, 2011 D - 3 Dr. Eric Hoskins, Minister of Citizenship and Immigration - Newcomer Champion Awards D-4 Karen Bastas, Newcastle Business Improvement Area — Request to Hold a Fireworks Display on July 1, 2011 at Newcastle & District Recreation Complex D - 5 Mark Canning, Chair, Tyrone Community Centre Board — Request to Amend By -law for Tyrone Community Centre Board Members D - 6 Magda Kapp, Director of Communications, Braintrust Canada and Sharon Sheperd, Mayor, City of Kelowna — 2011 "A Run to Remember" Event D - 7 Thomas H. B. Symons, Chairman, Ontario Heritage Trust - 2011 Volunteer Recognition Programs D-8 Jon Hamilton, GM, Communications Delivery, the LoweMartin Group - 2011 Canada Post Community Literacy Awards D - 9 Sophia Aggelonitis, Minister Responsible for Seniors - 2011 Senior of the Year Award D - 10 Karen Bastas, Newcastle Business Improvement Area — Request for Assistance - Canada Past & Present Event D - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Time of Day Electricity Pricing D - 12 Mayor John Henry, City of Oshawa - Proposed Oshawa Cogeneration Facility D - 13 John Ennis, Government Relations Specialist, CAA South Central Ontario and Scott R. Butler, Manager, Policy and Research, Ontario Good Roads Association — Proposal to Have HST Gas Tax Revenue Dedicated to Transportation Infrastructure and Maintenance COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of March 21, 2011 STAFF REPORT(S) 1. Confidential Report LGL- 005 -11 — OMB Appeals of Site Plan Application 2010 -007 and Minor Variance Application A2010 -0043 — Proposed. Relocation of RBC Branch to 185 -195 King Street East, Bowmanville, Applicant/Appellant: FCHT Holdings (Ontario) Corporation (To be Distributed Under Separate Cover) Council Agenda - 4 - March 28, 2011 BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Traill, seconded by Councillor Neal WHEREAS the Municipal Act, 2001 and other statutes identify general and specific roles, responsibilities, actions and behaviours as a Member of Council for the Corporation of the Municipality of Clarington; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved an Employee Code of Ethics policy governing the conduct of Municipality of Clarington employees; WHEREAS the Council of the Corporation of the Municipality of Clarington has determined the need to identify guidelines on the conduct of individual Members of Council in carrying out their official duties that augment the roles, responsibilities, action and behaviors determined by various statutes; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved under By -law 2009 -163 a rudimentary Code of Conduct for members of council; AND WHEREAS the Council of the Corporation of the Municipality of Clarington finds it appropriate to develop a more comprehensive, simply- worded instrument to communicate general standards of conduct to Members of Council and the general public. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: That By -law 2009 -163 be rescinded; and 2. That the CAO by directed to draft a replacement Code of Conduct for Clarington Council Members modeled closely on the Corporation of the Town of Ajax's By -law Number 89 -2004 establishing a Council Member Code of Conduct. UNFINISHED BUSINESS Resolution #C- 128 -11 Regarding a By -law to Regulate Fine Particulate Matter (Tabled at the Council Meeting of March 7, 2011) 2. Delegation of Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, Regarding Eight Different Reports which the Foundation is working on Regarding the Effectiveness of the Oak Ridges Moraine Conservation Plan and the Foundation (Referred from the General Purpose and Administration Committee Meeting of March 21, 2011). Council Agenda - 5 - March 28, 2011 3. Confidential Memorandum from the Municipal Solicitor — Host Community Agreement (Referred from the General Purpose and Administration Committee Meeting of March 21, 2011) (To be Distributed Under Separate Cover) BY -LAWS NOTICES OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT (�rI n l�ll 11 Leading the Way Council Meeting Minutes MARCH 7, 2011 Minutes of a regular meeting of Council held on March 7, 2011 at 7:00 p.m., in the Council Chambers. Councillor Traill led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella, attended until 9:18 p.m. Director of Community Services, J. Caruana, attended until 9:18 p.m. Director of Planning Services, D. Crome, attended until 9:55 p.m. Director of Operations, F. Horvath, attended until 9:18 p.m. Manager of Special Projects, F. Langmaid, attended until 8:06 p.m. Director of Finance/Treasurer, N. Taylor, attended until 9:55 p.m. Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services /Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:18 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item #9 of Report #2. ANNOUNCEMENTS Councillor Novak announced the following: • She attended the Official Grand Opening Public Auction of vehicles and equipment at Manheims on March 5, 2011. Council Meeting Minutes - 2 - March 7, 2011 • She attended the Durham Region's Waste Fair on Saturday morning held at the Courtice Community Complex. Councillor Neal announced the following: • He addressed the Courtice Rotary Club at their meeting on Friday, March 4, 2011. • He also attended the Durham Waste Fair on Saturday. He noted members of DurhamClear, a citizen's environmental lobby group were also outside the Complex. • On Saturday, March 5, 2011, he attended the Mardi Gras Celebration at Newcastle Town Hall. • On Sunday, March 6, 2011, he attended a Ladies Tea hosted by Bev Oda at Trinity United Church in recognition of the 100th Anniversary of International Women's Day. Councillor Hooper announced the following: • This past week he represented the Municipality along with Councillor Partner at the ground breaking ceremony for the new Canadian Tire store, east of the Wal -Mart. Councillor Hooper noted the new store will be one of the largest in Durham Region and that it is anticipated the store will open in the fall of 2011. • On a personal note, Councillor Hooper congratulated his mother on celebrating her 85th birthday on the weekend. Councillor Partner announced the following: • Last Monday, she, along with Mayor Foster and Councillors Woo and Hooper attended the Newcastle /Bondhead Ratepayers' Association meeting. • Last Saturday she attended the ribbon - cutting ceremony for the new Shoppers Drug Mart in Newcastle. • She advised International Women's Day is celebrated annually on March Stn with thousands of events held throughout the world to inspire women and celebrate their many achievements. • She extended birthday greetings to Wally Boughen, the Unofficial Mayor of Newtonville, as he celebrates his 80th birthday this Sunday with a celebration at the Newtonville Church. Councillor Woo advised of the success of the Lions Club Bavarian Night on March 4, 2011, a great fundraiser for the Bowmanville Lions Club. Council Meeting Minutes - 3 - March 7, 2011 Resolution #C- 102 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held February 14, 2011, be approved. "CARRIED" PRESENTATIONS Steven Rowe, Environmental Planner conducted a PowerPoint presentation on "The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant ". Mr. Rowe indicated that he was retained by the Municipality to assist in relation to a resolution passed on February 14, 2011 to review relevant documentation and to provide responses to questions regarding the role of the Host Community Agreement (HCA), "willing host" status, reconsideration of the decision and possible expansion of the facility. Mr. Rowe indicated that in conducting the assignment, he undertook a review of the Environmental Assessment Act (the Act) and guidance and reviewed steps in the Environmental Assessment (EA) process and how the Host Community Agreement (HCA) might have played into it. Mr. Rowe confirmed that he undertook a Planner's review of the subject, not a legal review and that he is not an air quality specialist. Mr. Rowe stated the Act lists matters to be considered in making a decision, as well as provides for "such other matters as the Minister considers relevant" and therefore, the HCA is not excluded from consideration. The Act also allows the Minister to revisit a decision if there is a change in circumstances or new information and if he considers it appropriate to do so, noting it is a two -step process and either step can be delegated to the Tribunal. In reviewing the EA Codes of Practice, Mr. Rowe looked at clauses that might refer to agreements such as Host Community Agreements but only found references stating that mitigation measures including any agreements should be included in the Environmental Assessment. Mr. Rowe discussed the evolution of the Host Community Agreement. He noted the EA process started with a Terms of Reference and that the proponent must comply with the Terms of Reference as approved by the Minister. Mr. Rowe indicated that in March 2006, there was no reference to the HCA in the Terms of Reference nor was it a factor in the site selection of the Clarington 01 site. He stated the HCA was endorsed by Clarington on May 11, 2009 and executed on February 10, 2010. There were references to the HCA mitigation measures in terms of land, infrastructure, architectural and air quality in the initial and final EA documents and that while the Code of Practice has an expectation that they be included, that did not happen. Mr. Rowe stated the final EA document reduces the plant capacity to 140,000 tonnes per year but the HCA was not revised to reflect this. He noted that there is a disconnect as the HCA still refers to the 400,000 tonnes per year as the size being applied to under the Act but the approval is for 140,000 tonnes. Mr. Rowe stated that he was one of the peer reviewers of the EA and that the comments made and agreed to by staff were forwarded to the proponent Council Meeting Minutes - 4 - March 7, 2011 and to the Ministry of the Environment without being adopted by Council and that the comment tables in the EA show no comments from Clarington and that responses to public comments indicate Clarington concerns have been addressed. Mr. Rowe stated following the preparation of the .EA, there is a formal process where a Ministerial review is coordinated by the Ministry of the Environment and a report is produced. The report confirms that the proposed facility will process up to 140,000 tonnes of waste annually. There is no reference to the HCA in the body of the review and it was not brought firmly to the Minister's attention. Mr. Rowe stated the Municipality had an opportunity to comment on the Ministry review but it was his understanding that they did not. He reviewed the Notice of Approval and reasons of the Decision. He stated the reasons do not make any reference to the HCA as having been a factor in reaching the decision even though there is a lot of overlap. Mr. Rowe stated generally EA protection requirements are more stringent in the decision than in the HCA and there is no reference in the Notice of Approval of Clarington's position as a willing host nor its commitment not to object to the facility. Mr. Rowe provided a comparison of the decision - making on Environmental Assessments prior and post - 1998. He noted that during the late 1980s and 1990s it was common for EAs for large -scale and contentious projects to be referred to the EA Board or a Joint Board for hearings but that the Government has moved away from hearings on EAs and decisions are now made by the Minister. He stated there have been no hearings on individual EAs since 1998 and he is not aware of any situations where a reconsideration was made. Mr. Rowe indicated that there has been a shift in favour of Energy- From -Waste from the 1980s when they were not even considered partly due to the streamlining of the EA process aspects of EFW approvals. Mr. Rowe summarized by stating in terms of the technical aspects of the EA, the role of the HCA appears to have been very limited. The site was selected prior to the HCA so land transfers were not a factor. Mr. Rowe stated the reviewer and possibly the Minister may have been aware that Clarington was a "willing host" but there is no reference to it in the EA, the Ministry Review or the Reasons for Decision. Generally the "willing host" status would be considered a positive in an EA process, especially when compared with strong opposition. Mr. Rowe suggested that while it is not mentioned, the issue of delay in terms of pressure of what to do with the waste if new capacity does not come on stream could have been a consideration in the decision. He stated that only the Minister can confirm how much weight was given to different aspects of the Ministry Review and other considerations in reaching a Decision; however, the matters discussed suggest that the Minister may well have approved the EA in the absence of a HCA. Mr. Rowe advised that the Act provides for a request for the Minister to reconsider the Decision; however there is no formal procedure to follow and he is not aware of any instances where this provision has been invoked. He also stated that there is no provision in the Act that requires work on a project to be suspended while reconsideration is being reviewed. Mr. Rowe also confirmed that for an expansion to the facility beyond 140,000 tonnes, the proponent would likely choose the option of proceeding through the Environmental Screening process rather than an individual EA and that this process 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. Council Meeting Minutes - 5 - March 7, 2011 He stated Section 1.2 of the HCA makes provision for a New Host Community Agreement only if the capacity is expanded beyond 400,000 tonnes. At the time of the signing of the Agreement, it was understood that the Agreement related to a facility that would ultimately have a maximum capacity of 400,000 tonnes; however, the approved capacity of the facility approved under the EA is 140,000 tonnes and the agreement has not been amended to reflect this. Mr. Rowe stated Clarington would be constrained from opposing an expansion within the 400,000 tonne range because of the "no opposition" clause and a request by the Municipality would likely be interpreted to be opposition to the project. DELEGATIONS Kaylin Morissette and Julie Cryderman addressed Council concerning Correspondence Item D — 10 - Request for Financial Assistance - U19 World Championship - Women's Field Lacrosse. Julie and Kaylin advised that they would be representing Canada and Clarington in Germany this August during the U19 World Championship - Women's Field Lacrosse competition. They indicated that this competition happens only once every four years and both of them have been selected from well over 100 girls vying for a spot on Team Canada. Both girls are members of the Lady Blue Knights and also play and coach lacrosse for their schools. They indicated that although this is a national program, there is no funding available to them and the financial responsibility rests with each participant to raise $6,000 to cover individual costs. Kaylin Morissette and Julie Cryderman requested Council to consider sponsoring them in the amount of $1,000 each and in return, they would promote the Municipality of Clarington by wearing a patch on their uniforms. Resolution #C- 103 -11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Kaylin Morissette and Julie Cryderman be provided with $1,000 each to assist with funding required for their participation at the U19 World Championship - Women's Field Lacrosse Event in Hanover, Germany in August, 2011. "TABLED" (See Following Motion) Resolution #C- 104 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #C- 103 -11 be tabled to the General Purpose and Administration Committee meeting of March 21, 2011. "CARRIED" Council Meeting Minutes - 6 - March 7, 2011 Mark Foley addressed Council concerning Item 3 of Report #2 — 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) indicating that he has reviewed the amendment and is in support of Report PSD - 016 -11 and the recommendation approved by the General Purpose and Administration Committee. COMMUNICATIONS Resolution #C- 105 -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 - 6, 1 - 7, 1 - 9, 1 - 10, 1 - 11, 1 - 12 and I - 14. "CARRIED" 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 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, 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 - 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. Council Meeting Minutes - 7 - March 7, 2011 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 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 - 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 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. Council Meeting Minutes - 8 - March 7, 2011 Resolution #C- 106 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 6 from Mayor John Henry, City of Oshawa, with respect to Phasing of the Highway 407 East Expansion, be endorsed. "CARRIED" -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. Resolution #C- 107 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item I - 7 from Barb Houghton, with respect to the City of Oshawa's RAMP it up! Campaign, be referred to staff for investigation of working in conjunction with the City of Oshawa or implement action of a similar program to communicate Clarington's message. "CARRIED" 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 Council Meeting Minutes - 9 - 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." Resolution #C- 108 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 9 from Rob Messervey, Chief Administrative Officer, Kawartha Conservation, with respect to Commercial Fill Activity, be endorsed. "CARRIED" 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. Resolution #C- 109 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 10 from Gail Rickard, Chairperson, Clarington Public Library Board, with respect to the Provincial Funding Model, be endorsed; and THAT a copy of the correspondence be forwarded to John O'Toole, MPP, Durham. "CARRIED" 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: Council Meeting Minutes _10- March 7, 2011 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 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 Council Meeting Minutes - 11 - March 7, 2011 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 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." Resolution #C- 110 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Item I — 11 from Mary Medeiros, Acting City Clerk, City of Oshawa, with respect to the City of Oshawa Comments — Transit Project Assessment Process Environmental Assessment and Preliminary Design Study: Oshawa to Bowmanville GO Train Service Expansion, be received for information. "CARRIED" 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 Council Meeting Minutes -12- March 7, 2011 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(a7cnsc- ccsn.gc.ca. Resolution #C- 111 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I —12 from the Joint Review Panel, Darlington New Nuclear Power Plant Project, with respect to the Joint Review Panel Public Hearing Schedule, be received for information. "CARRIED" 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. Resolution #C- 112 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item 1 -14 from Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services regarding the Municipality's completion of all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act for 2010 be received for information; and THAT staff of the Emergency Services Department be thanked for their work in this regard. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 16 was received as a Hand -Out. Council Meeting Minutes -13- March 7, 2011 Resolution #C- 113 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 9, and Hand -out Correspondence Item D - 16, be approved as per the agenda. "CARRIED" 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. (Tag days for April 15, 16, and 17, 2011 approved and previous approval rescinded) 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. (Correspondence referred 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. (Approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) 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. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes -14- March 7, 2011 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, 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. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Council Meeting Minutes - 15 - March 7, 2011 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. (Request referred to the Corporate Services Department and approval granted for 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. (Installation of banner approved and Veridian to be advised) 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 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. (Advised of decision with respect to Report FND- 003 -11) Council Meeting Minutes -16- March 7, 2011 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. (Proclaimed) 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. (Tag days approved on Thursday, May 5 to Sunday, May 8, 2011) 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. Resolution #C- 114 -11 Moved by Councillor Partner, seconded by Councillor Neal THAT the request from Kaylin Morissette and Julie Cryderman with respect to financial assistance for the U19 World Championship — Women's Field Lacrosse, be tabled until the General Purpose and Administration Committee meeting of March 21, 2011. "CARRIED" 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 Council Meeting Minutes -17- March 7, 2011 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. Resolution #C- 115 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT the request from Linda Rumble to have the Municipal Administrative Building be lit green in support of National Organ and Tissue Donor Awareness Week, April 17 to 24, 2011, be referred to staff. "CARRIED" 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. Resolution #C- 116 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT the request from Ron Beer, President, Young Songwriters', with respect to a youth initiative, be referred to the Firehouse Youth Services and to the Director of Community Services for consideration. "CARRIED" Council Meeting Minutes _18- March 7, 2011 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. Resolution #C- 117 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the request from Mayor Steve Pellegrini, Township of King, with respect to a contribution to the Oak Ridges Moraine Land Trust's 10t Anniversary $1 Million Stewardship Campaign, be received for information. "CARRIED" 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 — 3355 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. 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 Rudell Road ". Council Meeting Minutes -19- March 7, 2011 Resolution #C- 118 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item D - 14 from Gord Lee and Correspondence Item D - 15 from Marion Saunders, President, Newcastle /Bond Head Ratepayers' Association, requesting Council to reconsider the location of the new Newcastle Fire Hall on Rudell Road, be referred to Item # 1 of Unfinished Business. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 25, 2011. Resolution #C- 119 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of February 25, 2011 be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Mayor Foster Resolution #C- 120 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the General Purpose and Administration Committee Report of February 28, 2011 be approved, with the exception of Items #9 and #10. "CARRIED" Council Meeting Minutes -20- March 7, 2011 Councillor Neal declared a pecuniary interest with respect to Item #9 as he had previously legally represented a delegate from the General Purpose and Administration Committee meeting on this matter. Councillor Neal left the Council Chambers during discussions and voting on this matter. Item #9 Resolution #C- 121 -11 Moved by Councillor Novak, seconded by Councillor Woo 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 -11 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; Council Meeting Minutes -21 - 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. "CARRIED" Councillor Neal returned to the meeting. Item #10 Resolution #C- 122 -11 Moved by Councillor Woo, seconded by Councillor Hooper 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); Council Meeting Minutes -22- March 7, 2011 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; 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. "CARRIED AS AMENDED LATER IN THE MEETING" (See Following Motion) Resolution #C- 123 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C- 122 -11 be amended to add the following bullet to Paragraph 7: • "An estimate of generated revenue if the Municipality were to engage in the trading of carbon credits" "CARRIED" Resolution #C- 122 -11 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes -23- March 7, 2011 STAFF REPORT(S) Report PSD- 024 -11 — DurhamNork Residual Waste Project Analysis of Host Community Agreement Role in the EA Approval for the EFW Project Resolution #C- 124 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD- 024 -11 be received; and THAT all interested parties listed in Report PSD- 024 -11 and any delegations be advised of Council's decision. "CARRIED LATER IN THE MEETING" (See Following Motion) Resolution #C- 125 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C- 124 -11 be tabled to the General Purpose and Administration Committee meeting of March 21, 2011. "MOTION LOST" Resolution #C- 124 -11 was then put to a vote and CARRIED. Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer regarding a Personnel Matter was withdrawn from the Agenda. Confidential Verbal Report of the Municipal Solicitor regarding Host Community Agreement Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters Association, Local 3139 Negotiations Resolution #C- 126 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Staff Report #2 - Confidential Verbal Report of the Municipal Solicitor regarding Host Community Agreement and Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters' Association, Local 3139 Negotiations, be referred to a closed session of Council to be considered at the end of the Agenda. "CARRIED" Council Meeting Minutes -24- March 7, 2011 Resolution #C- 127 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer regarding a Personnel Matter be reintroduced to the Agenda and considered during the closed session. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C- 128 -11 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." "TABLED" (See Following Motion) Council Meeting Minutes -25- March 7, 2011 Resolution #C- 129 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C- 128 -11 be tabled to the Council meeting of March 28, 2011. "CARRIED" UNFINISHED BUSINESS Resolution #C- 130 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report ESD- 003 -11 be lifted from the table. "CARRIED" Resolution #C- 131 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Report ESD- 003 -11 be referred back to staff to prepare a report on the cost/benefit analysis of constructing the fire station at 3355 Highway No. 2 versus 1780 Rudell Road. "MOTION LOST" Resolution #C- 132 -11 Moved by Councillor Woo, seconded by Councillor Partner WHEREAS residents of the Village of Newcastle have gathered petitions to reconsider the location of the new Newcastle Fire Hall on Rudell Rd. citing traffic safety of the residents and decrease in property values; WHEREAS the Newcastle /Bond Head Ratepayers' Association support the petition and the membership has requested Council to review their decision to locate Fire Station 2 on Rudell Road; THEREFORE Report ESD- 003 -11 be referred back to staff for preparation of a report addressing the following matters: 1. The cost implications of constructing the fire station at 3355 Highway No. 2 versus 1780 Rudell Road; Council Meeting Minutes -26- March 7, 2011 2. A traffic study on Rudell Road to determine the viability of locating a fire station at the 1780 Rudell Road site; and 3. Possible construction timelines for both locations. THAT this Report be prepared for the G. P. & A. Meeting of September 12, 2011. "CARRIED" BY -LAWS By -laws 2011 -026 and 2011 -027 were received as Hand -Outs. Resolution #C- 133 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2011 -018 to 2011 -027 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) 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 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.) 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 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) 2011 -023 Being a by -law to exempt 'a certain portion of Registered Plan 40M- 2364 from Part Lot Control 2011 -024 Being a by -law to amend Zoning By -law 84 -63 of the Corporation of the Municipality of Clarington (1557366 Ontario Inc.) Council Meeting Minutes -27- March 7, 2011 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 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); and THAT the said by -laws be approved. "CARRIED" NOTICE OF MOTION Councillor Traill and Councillor Neal gave notice that they will be introducing the following motion at the next Council meeting: WHEREAS the Municipal Act, 2001 and other statutes identify general and specific roles, responsibilities, actions and behaviours as a Member of Council for the Corporation of the Municipality of Clarington; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved an Employee Code of Ethics policy governing the conduct of Municipality of Clarington employees; WHEREAS the Council of the Corporation of the Municipality of Clarington has determined the need to identify guidelines on the conduct of individual Members of Council in carrying out their official duties that augment the roles, responsibilities, action and behaviors determined by various statutes; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved under By -law 2009 -163 a rudimentary Code of Conduct for members of council; AND WHEREAS the Council of the Corporation of the Municipality of Clarington finds it appropriate to develop a more comprehensive, simply- worded instrument to communicate general standards of conduct to Members of Council and the general public. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That By -law 2009 -163 be rescinded; and Council Meeting Minutes -28- March 7, 2011 2. That the CAO by directed to draft a replacement Code of Conduct for Clarington Council Members modeled closely on the Corporation of the Town of Ajax's By -law Number 89 -2004 establishing a Council Member Code of Conduct. OTHER BUSINESS . Councillor Traill advised that she has received a letter from the Durham Region Labour Council regarding a Day of Mourning and that she will be approaching leaders for organizing a Day of Mourning in Clarington. Councillor Hooper requested that Clarington's Regional Council representatives extend appreciation to everyone involved in hosting the Durham Waste Fair on Saturday and to stress the importance of communicating the strength of the Region's waste management initiatives. Resolution #C- 134 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:17 p.m. Resolution #C- 135 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice that is subject to solicitor - client privilege, including communications necessary for that purpose, to consider a matter regarding labour relations or employee negotiations and to consider a personal matter about an identifiable individual, including municipal or local board employees. "CARRIED" The meeting resumed in open session at 10:35 p.m. The Mayor advised that three items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Council Meeting Minutes -29- March 7, 2011 UNFINISHED BUSINESS (cont'd) Resolution #C- 136 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT the presentation of Zas Architects Inc. of February 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. "CARRIED" Staff Report #4 Councillor Novak questioned the Chief Administrative Officer as to the amount spent dealing with the confidential personnel matter and where the funds would be found. The Chief Administrative Officer indicated that the cost of approximately $7,000 will be taken from the Human Resources Division and an attempt will be made to save this amount in other areas. Councillor Neal 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- 137 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -law 2011 -028, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 7th day of March, 2011; and THAT the said by -law be approved. "CARRIED" Council Meeting Minutes -30- March 7, 2011 ADJOURNMENT Resolution #C- 138 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 10:45 p.m. G.0 MAYOR MUNICIPAL CLERK �rt l�.<1l1 it Leading tlae V{'a} Special Council Meeting Minutes MARCH 10, 2011 Minutes of a special meeting of Council held on March 10, 2011, at 8:30 a.m. at the Courtice Community Complex. ROLL CALL Present Were: Mayor A. Foster left the meeting from 1:15 p.m. until 2:50 p.m. Councillor R. Hooper Councillor J. Neal left the meeting at 4:39 p.m. Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke Director of Planning Services, D. Crome Executive Director, Clarington Board of Trade, Sheila Hall Library Director, E. Hopkins attended until 10:30 a.m. Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services /Fire Chief, G. Weir Municipal Clerk, P. Barrie The Special meeting of Council was convened for the purpose of commencing work on the Strategic Business Plan for this term of Council and to review Report ESD- 004 -11 — Implications of a Minimum of Four Firefighters on a Fire Truck. Mayor Foster called the meeting to order. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Council Meeting Minutes - 2 - March 10, 2011 PRESENTATION Mayor Foster introduced Peter Spratt, ROCG Consulting, facilitator for the day. Mr. Spratt welcomed everyone, advising that the municipality's leadership team was coming together to set a blueprint for the community for the next number of years. He stressed that our thoughts were not to be confined to the term of Council, but beyond the next four years also. Mr. Spratt introduced Ron Collis and Jesse Parsons of Collis & Reed Research Inc., who undertook a survey of the community to determine the public's perception of the strengths and weaknesses of the municipality. Mr. Collis outlined the strategy behind the survey and indicated that the 218 responses received were proportionally consistent with the population demographics. Common themes which emerged from the survey were: people want to be able to live, work and play in the municipality; communication; and quality of life balance (urban /rural, large /small, receiving services /keeping things affordable). COMMUNITY STRATEGIC PLAN Mr. Spratt led the group through a lengthy discussion on the municipality's mission statement and vision, being the foundation of our strategic plan. Each participant then commenced working on their own list of what they believe Clarington's priorities are or should be. Resolution #C- 140 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT Council recess for lunch until 12:30 p.m. "CARRIED" The meeting reconvened at 12:30 with the participants working in small groups to share their ideas of priorities. The most significant priorities were shared with the entire group, creating goals for each cluster of priorities. Eight major areas were identified as priorities to be focused on. Councillor Novak chaired the meeting during Mayor Foster's absence. Mayor Foster reassumed the Chair. Council Meeting Minutes - 3 - March 10, 2011 Resolution #C- 141 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the work achieved on the priorities of the Municipality be referred to staff for review and preparation of a report back to Council, identifying a plan and timeframe for addressing all items. "CARRIED" Resolution #C- 142 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Council recess for 10 minutes. :: The meeting reconvened at 3:46 p.m. Resolution #C- 143 -11 Moved by Councillor Woo, seconded by Councillor Traill THAT Report ESD- 004 -11 be received for information. "CARRIED" The Director of Emergency Services /Fire Chief was requested to report back to the General Purpose and Administration Committee meeting scheduled to be held on May 9, 2011, addressing the questions posed by the Fire Fighters' Association 3139, as well as a complete breakdown of 2010 calls and explanation of the information provided by the Ontario Fire Marshal with respect to appropriate response resources. CONFIRMING BY -LAW Resolution #C- 144 -11 Moved by Councillor Hooper, seconded by Councillor Traill THAT leave be granted to introduce By -law 2011 -029, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 10th day of March, 2011; and THAT the said by -law be approved. "CARRIED" Council Meeting Minutes - 4 - ADJOURNMENT Resolution #C -145 -11 Moved by Councillor Traill, seconded by Hooper THAT the meeting adjourn at 4:44 p.m. "CARRIED" MAYOR March 10, 2011 MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE March 28, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 14, 2011 (Copy attached) 1 - 2 Minutes of the Newcastle Memorial Arena Management Board dated February 8, 2011 (Copy attached) 1-3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated March 8, 2011 (Copy attached) 1 - 4 Minutes of the Central Lake Ontario Conservation Authority dated March 15, 2011 (Copy attached) 1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on February 16, 2011, the Region of Durham received for information Council's correspondence dated February 2, 2011, regarding the Durham York Residual Waste Project Energy - From -Waste Advisory Committee. 1 - 6 Barbara North, Director, Spay Neuter Durham, advising Spay Neuter Durham, is a registered not - for - profit corporation whose goal is to establish a permanent high volume spay neuter clinic providing services to unaltered dogs and cats; providing statistics on the reproductive cycles of dogs and cats and the problems of overpopulation caused by irresponsible owners, or those who do not have the financial ability to pay rising veterinary costs; indicating the organization would like to work closely with all municipalities, animal oriented organizations and the public to address this problem; and, welcoming input from anyone who has an interest in helping Spay Neuter Durham in any capacity. Further information is available by telephone at 905 - 728 -6943 or e-mail at barbnorth(a-).sympatico.ca. 1 - 7 Clifford Curtis, Commissioner of Works, Regional Municipality of Durham and Erin M..Mahoney, Commissioner of Environmental Services, Regional Municipality of York, writing to all Members of Regional Council and Municipal Clerks in the Regional Municipalities of Durham and York, advising that the Regions of Durham and York and the contractor, Covanta Energy Corporation have now finalized the Certificate of Approval (C of A) application process for the Durham/York Energy- From -Waste Project; indicating that the C of A applications must reflect the Environmental Assessment (EA) Conditions of Approval requirements, the project Agreement details Summary of Correspondence - 2 - March 28, 2011 and the various components of York and Durham's integrated waste management system and that the application for the Air and Noise C of A specifically reflects the direction to establish emission requirements that use the most restrictive limits published in the Ontario A7 guidelines or the EU air emission standards; advising that the Regions and their technical consultants undertook a review of the C of A applications and are satisfied that they are consistent with the Project Agreement, EA Conditions of Approval and the respective integrated waste management systems; indicating that the submitted C of A applications have been posted to the project website at www.durhamyorkwaste.ca; and that a presentation on the C of A applications to the Energy- From -Waste Advisory Committee will be scheduled for early April, 2011; that the Regions and Covanta will communicate the details of the C of A applications at various public events and will also communicate the details to local Municipal Councils and environmental groups on an as- requested basis. It is anticipated that C of A approval may be received as early as May 2011 and upon approval and issuance, the design and construction phase of the project will commence. 1 - 8 John R. O'Toole, MPP, Durham, forwarding a copy of the Official Report of Debates (Hansard) for the Legislative Assembly of Ontario on February 24, 2011 recording his comments with respect to completing the Highway 407 extension as promised; indicating that he shares Council's concerns regarding the economic and social consequences of building the highway extension in phases; and, advising of the importance of working together on this issue, of holding the government accountable for its decision and to working towards having the 407 extended the entire way to Highway 35/115. I - 9 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 3, 2011, the City of Oshawa adopted the following resolution pertaining to the Highway 407 East Extension: "Whereas Infrastructure Ontario has indicated its interest to qualify project teams who will design, build, finance and maintain the east extension of Hwy 407; and Whereas the extension of Hwy 407 eastward from Brock Road in Pickering to Hwy 35/115, as originally agreed with the federal government in the FLOW Agreement dated March 2, 2007 is to be completed in one continuous phase; and Summary of Correspondence - 3 - March 28, 2011 Whereas the Province has recognized the importance of completing the 407 Hwy east extension all the way to Hwy 35/115 as being critical to advance economic development and create jobs for all of southern Ontario thereby ensuring that Ontario businesses can compete on the world stage; and Whereas the Province has stated that due to financial constraints it must phase the construction of the 407 extension; Therefore, be it resolved that the Province be requested to immediately proceed with the continuous construction of the 407 extension from Brock Road in Pickering to Hwy 35/115 through the issue of a RFP based on a Public Private Partnership (P3) where the Province would retain control and ownership under a funding model inclusive of the capital construction, ongoing maintenance and operation costs and a schedule of user fees which would respond to the market, encourage and support the use of truck traffic, and that this motion be forwarded to the Region of Durham, Durham Municipalities, Peterborough, Kawartha Lakes, Cavan- Monahan, Ontario MPs and MPPs and AMO. 1 - 10 John R. O'Toole, MPP, Durham, writing to the Honourable Jim Flaherty, MP, Minister of Finance, forwarding a copy of Council's correspondence in support for the expansion of the capital gains tax exemption to include gifts of private company shares and real estate to charitable organizations and requesting the Minister to consider this request in connection with the Federal budget and with future measures that will give additional incentives to Canadians making donations to the charity of their choice. I - 11 George F. Vella, Vella & Pratt, Barristers and Solicitors, writing on behalf of their clients New Castle Condominium Corporations 3, 6 and 7, at 120 Port Darlington Road, located immediately east of Port Darlington Marina, indicating that they have been instructed by their clients to advise the Municipality that the eroding of the condominium properties from the action of the water from Bowmanville Creek and the Marina continues to be a concern and the erosion is apparent; and, requesting that the Municipality not assist in any dredging of the Bowmanville Creek anywhere in the vicinity of the condominium lands until the owner of the Marina has put in place appropriate shoreline erosion methods. Summary of Correspondence - 4 - March 28, 2011 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 9, 2011, Regional Council adopted a resolution pertaining to the 2011 Annual Solid Waste Management Servicing and Financing Study. (Copy attached) 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 9, 2011, Regional Council adopted the following resolution pertaining to Long Term Strategic Property Tax Plan for the Region of Durham: 2011 Update: "a) THAT for the 2011 property taxation year, the municipal property tax ratios for the occupied property tax classes for the Regional Municipality of Durham remain unchanged from the 2010 levels, as follows: Multi- Residential 1.8665 Commercial Residual, Shopping Centre and Office 1.4500 Building Industrial Residual and Large Industrial 2.2598 Pipelines 1.2294 Farmland 0.2000 Managed Forests 0.2500 b) THAT the Minister of Finance be requested to make the following changes to Provincial legislation and associated regulations relating to Current Value Assessment (CVA) Taxation Policy in order to achieve greater fairness and equity: i) Provincial Statutory Rates that Determine Municipal Payments In light of a recent Supreme Court of Canada decision that found municipal payments from federal government properties 'must be based on the system that actually exists at the place where the property in question is located,' and in keeping with the May 25, 2010 resolution from the Kingston City Council (SC #53), the Province, in consultation with the municipal sector, review and update the current statutory rates on the following property types and institute a process by which these rates are automatically updated in the future: (a) Hospitals, Prisons, Post Secondary Education Institutions (Heads & Beds — last updated in 1987); (b) Railway /Hydro Right of Ways (Linear Properties — last updated in 1998); Summary of Correspondence - 5 - March 28, 2011 (c) Nuclear Generating Facilities (last updated in 1968); ii) Farmland • The Province match the municipal tax ratio reductions (20 %) on the Farmland property tax class by reducing the Provincial Education Taxation Rate for this property tax class as a means to assist the farming community. • Regional Council endorse SC #91 from the United Counties of Stormont, Dundas and Glengary requesting that the Province reimburse municipalities for lost property taxes resulting from the 1998 downloading of the Farmland Rebate program and the resultant lowering of the farmland ratio; iii) Assessment Appeals In light of numerous and continuous large property assessment appeals that have and continue to have the potential to negatively impact the Regional assessment base which in turn affects all Regional taxpayers, and in keeping with the Region's responsibilities for setting Region -wide property tax policy, the Province revise the Assessment Act to include upper tier municipalities in the assessment appeal process; iv) Municipal Capital Facilities • The Province amend Section 110 of the Municipal Act, 2001 in order to permit a municipality in a two - tiered municipal structure the option to exempt a municipal capital facility from full or partial portion of only its share of the property taxes, as it pertains to such a facility; v) Municipal Consultations Prior to legislating any further changes to current value assessment and /or property taxation policy, the Province complete a Province -wide property -by- property impact analysis and municipalities be both consulted and advised of the potential impacts; Summary of Correspondence - 6 - March 28, 2011 • Any future changes to the current value assessment and /or property taxation policy by the province be conducted over a reasonable time -frame to ensure municipalities and taxpayers are consulted and prepared for the implementation in a well- informed and proactive manner; vi) Assessment and Taxation of 'Green Initiatives' Since the trends toward 'Green Initiatives' are anticipated to accelerate significantly, the Province review its current assessment policy on potential 'Green' improvements to property in consultation with the municipal sector; c) THAT all correspondence regarding property taxation and assessment issues be received for information including: • SC #37 from the City of Ottawa concerning a 'fair' municipal ratio for the Multi- Residential property class; • SC #42 from the Town of Markham concerning a new property class for condominiums; • SC #7 from the Town of Whitby requesting the Region match their enhanced Heritage Property Tax Reduction program; and • SC #53 from the City of Kingston concerning Provincial payment -in -lieu of taxes (PILs), including Heads & Beds; d) THAT the requisite by -laws for the Long Term Strategic Property Tax Plan: 2011 Update be prepared by the Regional Solicitor; and e) THAT a copy of Report #2011 -F -11 be forwarded to the Province, the Region's eight local area municipalities and the various municipal associations." 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Hubert Schillings, Chair, Durham Agricultural Advisory Committee, advising that on March 9, 2011, Regional Council adopted the following resolution pertaining to Durham Agricultural Advisory Committee (DAAC) 2010 Annual Report and 2011 Workplan: Summary of Correspondence - 7 - March 28, 2011 "a) THAT Report #2011 -P -16 of the Commissioner of Planning be received as the Durham Agricultural Advisory Committee's annual report on its activities in 2010; b) THAT the 2011 Durham Agricultural Advisory Committee Workplan, outlined in Attachment 1 to Report #2011 -P -16, be approved; and c) THAT a copy of Report #2011 -P -16 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the area municipalities." 1 - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to David Middleton, Chair, Durham Environmental Advisory Committee, advising that on March 9, 2011, Regional Council adopted the following resolution pertaining to Durham Environmental Advisory Committee (DEAC) 2010 Annual Report and 2011 Workplan: "a) THAT Report #2011 -P -17 of the Commissioner of Planning be received as the Durham Environmental Advisory Committee's annual report on its activities in 2010; b) THAT the 2011 Durham Environmental Advisory Committee Workplan, outlined in Attachment 1 to Report #2011 -P -17, be approved; and c) THAT a copy of Report #2011 -P -17 be forwarded to the Durham Environmental Advisory Committee and the area municipalities." Summary of Correspondence - 8 - March 28, 2011 CORRESPONDENCE FOR DIRECTION D - 1 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic, requesting permission to stage the 2011 Terry Fox Run on Sunday, September 18, 2011, and requesting to hang the Terry Fox. Run/Walk banner at the west end of Bowmanville at the railway bridge; indicating the routes, insurance and police coverage will be the same as last year; and, that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East to Lambs Road to Highway #2. (Motion to approve provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department and approval to install banner and to advise Veridian) D - 2 Leah Tanner, Fundraising Coordinator, Durham Region Unit — Canadian Cancer Society, advising that every April is "Daffodil Month" when volunteers in Durham Region and across Ontario work together to raise funds for the Canadian Cancer Society by selling yellow daffodils and by knocking on doors in their communities to collect donations, and indicating that this year, as part of their annual campaign, they are introducing a new daffodil pin and are requesting all Ontarians to unite behind those living with cancer by making a donation and proudly wearing the iconic yellow daffodil during the month of April to help spread the word about "Daffodil Month" in Durham Region. (Motion to Proclaim) D - 3 Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising that nominations for the Newcomer Champion Awards, a program recognizing individuals and groups who have made a difference in their community and province through active citizenship and engagement, and are champions of voluntarism, proud supporters of newcomers and advocates of greater social and civic inclusion, are being accepted until April 29, 2011. Nomination forms and information on the awards is available on the Ontario Honours and Awards Secretariat website at www .ontario.ca /honoursandawards. (Motion to refer correspondence to the Municipal Clerk to place information on the municipal website) Summary of Correspondence - 9 - March 28, 2011 D - 4 Karen Bastas, writing on behalf of the Newcastle Business Improvement Area, requesting permission to hold a fireworks display by Bruce Gilbert Port Pyrotechnics for the Canada Past and Present event to be held on July 1, 2011, at the Newcastle & District Recreation Complex. (Motion to approve fireworks display provided the organizers apply for and obtain a fireworks permit from the Municipal Law Enforcement Division) D - 5 Mark Canning, Chair, Tyrone Community Centre Board, requesting to amend the Board's composition from 13 to nine members for the present term of Council. Mr. Canning indicates that the Board has filled all the necessary positions to ensure operational efficiency and continues to work to attract new volunteers to the Board. (Motion to refer request to the Municipal Clerk) D - 6 Magda Kapp, Director of Communications, Braintrust Canada and Sharon Sheperd, Mayor, City of Kelowna, requesting support of the 2011 "A Run to Remember" to promote brain injury prevention and support strategies for people living with brain injury in Canada; advising that David McGuire, a person who sustained a brain injury, will run a marathon a day across Canada, commencing early April 2011 in St. John's Newfoundland and completing 8 months later in Victoria, British Columbia; and, requesting that a day be proclaimed "A Run to Remember" Day in Clarington as David runs through the community. (Motion to Proclaim) D - 7 Thomas H. B. Symons, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2011 Volunteer Recognition programs, including the Heritage Community Recognition Program, Young Heritage Leaders Program and Community Leadership Program to recognize community efforts to preserve Ontario's heritage; forwarding brochures outlining the eligibility criteria and nomination process; and, advising the nomination deadline is June 30, 2011. Additional information is available on the Trust's website at www. heritagetrust. on. ca. (Motion to refer correspondence to the Municipal Clerk to place . information on the municipal website) Summary of Correspondence - 10 - March 28, 2011 D - 8 Jon Hamilton, GM, Communications Delivery, the LoweMartin Group, Official Sponsor of the 2011 Canada Post Community Literacy Awards, Canada's only national awards dedicated to celebrating the achievements of adult learners, along with those who have helped them learn to read and write; forwarding information on the nomination process, category descriptions, submission criteria and nominating form; and, requesting Council to help acknowledge deserving efforts by nominating an individual and /or educator from the community for a 2011 Canada Post Community Literacy Award. (Motion to refer correspondence to the Municipal Clerk to place information on the municipal website) D - 9 Sophia Aggelonitis, Minister Responsible for Seniors, extending an invitation to Council to participate in the 2011 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community without thought of personal or financial gain. This year will mark the 27th anniversary of Seniors' Month which recognizes the contributions seniors make to family, community, province and country. Nomination forms for The Senior of the Year Award are available on the Ministry of Citizenship and Immigration's website at www.ontario.ca /honoursandawards and are due by April 30, 2011. (Motion for Direction) D - 10 Karen Bastas, writing on behalf of the Newcastle Business Improvement Area, advising of the success of their first Annual Event — Canada Past & Present held last year at the Newcastle and District Recreation Complex to celebrate Canada Day; requesting financial assistance from the municipality to assist in covering facility rental costs and entertainment associated with this year's event; and, indicating that next year, they will submit a request for support to be considered in the Municipal budget. (Motion for Direction) D - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Energy, advising that on March 9, 2011, Regional Council adopted the following resolution pertaining to time of day electricity pricing: "WHEREAS the Ontario Government has introduced time of day electricity pricing; Summary of Correspondence - 11 - March 28, 2011 AND WHEREAS people with disabilities have a special need for utilities and other electrical devices such as in -home dialysis, air conditioning, in -house lifts, power wheel chair battery charging, etc. to help manage their over all health and well- being, and may not be able to pick and choose when they use their electricity; AND WHEREAS recipients of Home Care have no choice as to when their washing machines, dryers, dishwashers and other household appliances are being used; THEREFORE BE IT RESOLVED THAT the Minister of Energy be requested to implement further strategies to ease the financial burden facing people with disabilities who are eligible for the Disability Tax Credit as offered by the Federal Government; AND BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Finance, the Minister of Health and Long Term Care, the local MPPs, and local area municipalities." (Motion for Direction) D - 12 Mayor John Henry, City of Oshawa, advising that he has written to the Ontario Power Authority requesting that they move expeditiously with the combined Heat and Power Procurement Process and the approval of the Oshawa Cogen Project, which will have significant benefits for all of Durham Region, advising that on January 31, 2011, Oshawa City Council adopted the following resolution with respect to the proposed Oshawa Cogeneration Facility and requesting that Clarington Council adopt a resolution to support the project and forward it to the Ontario Power Authority: "WHEREAS on December 15, 2008 City Council passed a resolution authorizing the Mayor and Commissioner, Development Services to send letters of support for a cogeneration facility proposed by Northland Power Inc. at the southwest corner of Stevenson Road South and Wentworth Street West in a GI (General Industrial) Zone; and, WHEREAS the project was delayed due to changes to a previous Ontario Power Authority Procurement Program for Combined Heat and Power projects; and, Summary of Correspondence - 12 - March 28, 2011 WHEREAS by letter dated January 12, 2011, Northland Power Inc. has advised that it will be making a new submission under a new Combined Heat and Power procurement initiative in order to advance the construction of the proposed facility; and, WHEREAS the proposed facility has various environmental and economic benefits; and, WHEREAS by letter dated January 12, 2011, both General Motors and Northland Power Inc. have requested the City's continued support for the project; and WHEREAS it is an opportunity for the newly elected council to show its support for the proposed facility; THEREFORE BE IT RESOLVED: THAT the Mayor be authorized to send a letter to the Ontario Power Authority setting out the City's support for the proposed facility and requesting the Authority to move forward expeditiously with the new Combined Heat and Power procurement process; 2. THAT the Region of Durham and all local Region of Durham municipalities be requested to support the proposed facility; and 3. THAT a copy of the Council resolution and letter from the Mayor be forwarded to all Oshawa MPs and MPPs. (Motion for Direction) D - 13 John Ennis, Government Relations Specialist, CAA South Central Ontario and Scott R. Butler, Manager, Policy and Research, Ontario Good Roads Association, advising of the need for greater investment and funding support from the Province for Ontario's municipalities to build the transportation infrastructure (roads, bridges and transit) needed to support local economies and to sustain the quality of life that Ontarians have come to expect and requesting that municipalities throughout Ontario support their call for the Government of Ontario to consider dedicating a portion of the new revenue collected from the provincial portion of HST charged on gasoline and diesel sales to a new predicable funding mechanism directed to Ontario's Summary of Correspondence - 13 - March 28, 2011 municipalities for transportation infrastructure investment; indicating that since the implementation of the HST, over 6000 CAA members and non - members have shown their support for this initiative by signing CAA's petition and e- petition and forwarding the following resolution for consideration: WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on July 1, 2010, and its application to gasoline and diesel sales will result in new revenue for the Government of Ontario; and WHEREAS based on 2010 average price levels of gasoline and diesel, and 2009 average consumption levels in Ontario, the Government of Ontario's projected new revenue will be approximately $1.53 billion annually; and WHEREAS the Provincial - Municipal Fiscal and Service Delivery Review identified a transportation infrastructure investment gap between the Government of Ontario and Ontario's municipalities of approximately $3.8 billion; and WHEREAS a lack of sufficient funding for essential transportation infrastructure construction, maintenance and rehabilitation has created a situation where many of Ontario's municipalities do not have the financial capacity to construct new transportation infrastructure and conduct the maintenance and rehabilitation needed to sustain existing transportation infrastructure; and THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington requests that the Government of Ontario consider directing a portion of the revenue derived from HST charged on gasoline and diesel sales to a new predictable funding mechanism that will allow Ontario's municipalities to.make the critical investments needed to be effective stewards of transportation infrastructure; and FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Hon. Dwight Duncan, Minister of Finance, Hon. Kathleen Wynne, Minister of Transportation, Hon. Bob Chiarelli, Minister of Infrastructure, the Ontario Good Roads Association and to CAA South Central Ontario; and FURTHER THAT this resolution be circulated to all municipalities in Ontario requesting their support. (Motion for Direction) 1 -1 DURHAM NUCLEAR HEALTH COMMITTEE (DNHQ 111 MAR04 Pti 3 :46 :39 Mr. Philip Webster, Canadian Nuclear Safety Commission , (Presenter) Mr. Gary Vandergaast, Port Hope Area Initiative (PHAI), (Presenter) Dr. George Bereznai, UOIT, (Presenter) Ms. Janice Szwarz, Municipality of Clarington Dr. David Gorman, Observer REGRETS Mr. Carl Ferencz, Public Member Mr. Hardev Bains, Public Member Ms. Judy Herod, PHAI MINUTES OF MEETING LOCATION Pickering East Shore Community Centre MAR Conference Room 910 Liverpool Road _ City of Pickering,1 DATE January 14, 2011 TIME 1:00 PM HOST Pickering Nuclear MEMBERS Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair) Ms. Mary-Anne Pietrusiak, DRHD Mr. Ken Gorman, DRHD Dr. Dave Whillans, Ontario Power Generation (OP ) E! -S37� �� Mr. Raphael McCalla, OPG (Presenter) A6 Dr. Tony Waker, University of Ontario Institute ofr ' . "'d16' (UOIT) f oRlcin ro: I Ms. Norma Drummond, Public Member C1 KC COljt,J',-"- DL;NCIL ❑ FILE Dr. Barry Neil, Public Member DIf EC71CN INI-OFil9ATION 1 Mr. Jansen Wu, Public Member Copy To: Mr. Alex Heydon, Public Member ❑ MAYOR `c ❑ t�,BE: � ❑ CAO OF X'l!?- CIL Mr. Frank Bajumy, Public Member ❑ Gomk1UNITY ❑ CC; =;,.DA;E ❑ EMEr'GEIICY SERVICES Mr. Marc Landry, Public Member SEPVh,ES SEROCES ❑ ENGINEERING ❑ r, UMCIPAL CJ GFEP.ATIOPlS SERVICES CLERK'S PRESENTERS / Mr. Brian Devitt, DRHD, (Secretary) ❑ PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES OBSERVERS Mr. Don Terry, OPG, (Presenter) Mr. Scott Guthrie, OPG, (Presenter) ❑ OTHER Mr. Jonathan Liberia, OPG MUNICIPAL CLERK'S FILE Mr. Philip Webster, Canadian Nuclear Safety Commission , (Presenter) Mr. Gary Vandergaast, Port Hope Area Initiative (PHAI), (Presenter) Dr. George Bereznai, UOIT, (Presenter) Ms. Janice Szwarz, Municipality of Clarington Dr. David Gorman, Observer REGRETS Mr. Carl Ferencz, Public Member Mr. Hardev Bains, Public Member Ms. Judy Herod, PHAI Robert Kyle opened the meeting, welcomed everyone on behalf of Pickering Nuclear who was hosting the meeting today. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted. 2.0 Adoption of the DNHC Minutes of the November 19, 2010 meeting The Minutes were adopted as written with several minor editorial changes suggested by Mary -Anne Pietrusiak to 5.1 a Report on Health Neighbourhoods Project. 10 Correspondence 3.1 Robert Kyle's. office received the minutes of the Pickering Nuclear Generating Station Community Advisory Council for October and November 2010. 3.2 Robert Kyle's office received a letter of resignation from Norma Drummond, DNHC Public Member for Ajax, dated November 28, 2010. 3.3 Robert Kyle sent a letter, on behalf of the DNHC, to Judy Herod, Stakeholder Relation Officer for the Port Hope Area Initiative, endorsing the comments made by Michael Binder, President of the CNSC, Mayor Linda Thompson and Rick Norlock, MP, Northumberland - Quinte West in reaction to Dr. Caldercott's remarks and the letter was dated December 1, 2010. 3.4 Robert Kyle's office received a copy of the speech given by Tom Mitchell, President and CEO of OPG, to the Ontario Energy Network meeting in Toronto on December 9, 2010. 3.5 Robert Kyle's office received a news release from the Darlington New Nuclear Power Plant Project Joint Review Panel announcing the Public Hearing scheduled for March 21, 2011 and the news release was dated December 14, 2010. 3.6 Robert Kyle's office received the OPG Performance Report for 2009 -2010 dated December 14, 2010. 3.7 Robert Kyle's office received a letter from Laurie Swami, Director, Licensing and Environment for OPG, concerning the update on the Darlington New Nuclear Project - Environmental Assessment dated December 17, 2010. Referring to Correspondence item 3.2, Robert Kyle mentioned Norma Drummond, Public Member for Ajax, had resigned after serving the DNHC. for several years. Robert honored Norma, who was at the meeting today, by mentioning how her wit and insightful comments and questions will be greatly missed. We all wished her the very best with her plans for travel and to spend more time with her family. 4.0 Nuclear Power / Environmental Issues 4.1 Report on OPG's Continuing Partnership with Durham College and the University of Ontario Institute of Technology (UOIT) Dr. George Bereznai, Professor and Dean of the Faculty of Energy Systems and Nuclear Science at UOIT, provided a report on the OPG's recent financial commitment of $5 million for the continued partnership with Durham College and UOIT. The highlights of George's presentation were: • OPG's Phase One Investment of $10 million from 2005 to 2010 enabled Durham College to establish a nuclear option for its Power Engineering Program. • OPG's Phase One Investment also enabled UOIT to establish a Graduate Diploma Program in six nuclear science and engineering specialties, establish the MEng, MASc and PhD Programs in several nuclear related programs and build an Energy Research Centre worth $45 million to be completed in 2011. • OPG's Phase Two Investment from 2011 to 2015 will: o Continue to strengthen Phase One Investment objectives o Assist Durham College and UOIT to provide OPG employees with credit for OPG training to pursue university degree programs and advanced college diplomas o Enable UOIT to give priority to research areas identified by OPG in the operation of the Energy Research Centre for the refurbishment of nuclear units and next generation technologies o Enable UOIT in adding the power option to its electrical engineering program o Provide co -op work terms and internships placements for Durham College and UOIT students with OPG to enhance their learning experience in the workplace In summary, George indicated he is very pleased with the on -going relationship Durham College and UOIT have with OPG. George's Take Home Message was "A well managed partnership between a utility and local educational institutions results in better educated employees, lower training costs, and stronger community support for continued nuclear power plant operations, as well as for new build projects ". Dr. George Bereznai mentioned that UOIT will host a DNHC meeting at their new facility on September 16, 2011 and his staff will provide more information on their nuclear programs. 4.2 Report by the Canadian Nuclear Safety Commission (CNSC) concerning Compliance Issues at Pickering and Darlington Nuclear Power Plants Philip Webster, Director, Darlington Regulatory Program for the CNSC, provided a report on the CNSC's Staff Integration Safety Assessment of Pickering and Darlington for 2009. The safety assessment was released on August 19, 2010. The highlights of Philip's presentation were: • The CNSC safety performance ratings for 2009 were: o Fully Satisfactory (FS) o Satisfactory (SA) o Below Expectations (BE) o Unacceptable (UA) • The CNSC Safety Performance Ratings for Pickering A &B and Darlington Nuclear Power Plants'in 2009 were: Pick A Pick B, Darl o Operational Performance SA SA FS o Performance Assurance SA SA SA o Design and Analysis SA SA SA o Equipment Fitness for Service SA SA SA o Emergency Preparedness $A SA . FS o Environmental Protection SA SA SA o Radiation Protection SA SA SA o Integrated Plant Rating SA SA FS o Safeguards SA SA SA The conclusions of the Safety Assessment of Pickering and Darlington Nuclear Power Plants were: • Pickering A Units 2 and 3 were transitioning to safe storage and Units 1 and 4 operating performance was Satisfactory. • Pickering A Operating Licence expires June 30, 2013. • Pickering B Units 5, 6, 7 and 8 operating performance was Satisfactory. Pickering B Operating Licence expires June 30, 2013. • OPG confirmed Pickering A and B will not proceed with refurbishment plans to extend the life of the power plants but will make investments as needed to ensure continued safe and reliable operation for approximately 10 years. • Darlington Units 1, 2, 3 and 4 operating performance was Fully Satisfactory. • Darlington Operating Licence expires February 28, 2013. • Darlington confirmed major refurbishment plans to extend the life of the power plant. In summary, Philip indicated Pickering and Darlington Power Plants were operating safely and in 2009 there were: • No serious process failures. • No radiation releases made above the CNSC regulatory limit. • There was excellent communication and co- operation between the CNSC and OPG concerning on -going compliance issues. • Canada was able to meet its international obligations regarding the peaceful use of nuclear energy. 4 Philip Webster indicated more information on the Safety Assessment of Pickering and Darlington Nuclear Power Plants can be found at www.nuclearsafety.gc.ca. Philip can be reached at (613) 947 -2771 or by e -mail at Philip.webster@cnsc- ccsn.gc.ca. The overheads used are attached as Appendix 1. 4.3 Report by CNSC concerning the Shipment of Steam Generators from Bruce Power to Sweden through the Great Lakes and the St. Lawrence River Seaway Philip Webster, Director, Darlington Regulatory Program for the CNSC, provided a detailed report on the shipment of steam generators from Bruce Power to Sweden using the Great Lakes and the St. Lawrence River Seaway. The highlights of Phil's presentation were: • The CNSC and Transport Canada have shared responsibility to authorize the transport of 8 steam generators weighing 100 tons each from Bruce Power to Sweden using the Great Lakes and St. Lawrence River Seaway. • The steam generators became contaminated with radiation during use in the power plant but the contamination is low and restricted to the internal components of the steam generator and there is no surface contamination. • Before shipping, all openings on the generator will be welded shut and sealed to contain the contamination. • There will be no environmental impact when the steam generators are shipped. • The environmental impact of a major accident would be minimal due to the form of the contamination inside the steam generators. • The estimated radiation contamination is 6.5 .Curie per steam generator. • Radioactive material is regularly and safely transported on the Great Lakes and the St. Lawrence River Seaway. • The transport of the steam generators will be compliant with Canadian and International regulations. • CNSC will be announcing a decision on the transport of the steam generators through the Great Lakes and St. Lawrence River Seaway to Sweden in the next few weeks. Philip Webster indicated more information on the transport of the steam generators can be accessed at www.nuclearsafely.u.ca and the overheads Phil used are attached as Appendix 2. 4.4 Report by OPG concerning the Safe Storage of Units 2 and 3 at Pickering A Scott Guthrie, Director, Project Controls for OPG, provided a report concerning the Safe Storage Project of Units 2 and 3 at Pickering A. The highlights of Scott's presentation were: • The history of Pickering A included: • Operation of units started in the. early 1970s • Units 1 -4 were laid up in 1997 by OPG's Nuclear Improvement Plan • Pickering A units share significant systems with Pickering B units • CANDU design used for Pickering A units was very complex • Units 4 and 1 were returned to in 2003 and 2005 after major upgrades • Units 2 and 3 were not returned to service by OPG's decision in 2005 • Units 2 and 3 needed to enter Safe Storage Project • The major Safe Storage Project Tasks for Units 2 and 3 were: o Remove Fuel o Drain Heavy Water o Drain Light Water o Containment Boundary Move • The tasks for Units 2 and 3 began in May 2007 and were completed on September 15, 2010 ahead of schedule, under budget and involved approximately 800,000 man- hours. • The Safe Storage of Units 2 and 3 were completed without impacting the safe operation of the other 6 units at Pickering A and B. • OPG gained valuable experience and expertise in the Safe Storage of Units 2. and 3 that will be used when the remaining 6 units at Pickering A and B are shut down for safe storage in the next decade. Scott Guthrie can be reached at (905) 839 -1151 or by e -mail at scott. ueAopg com for more information. The overheads Scott used are attached as Appendix 3. 4.5 Report on the Fish Diversion System at Pickering Nuclear Raphael McCalla, Manager, Environmental Programs for OPG, provided a presentation on the Fish Diversion System (FDS) that was installed at Pickering Nuclear as result of a directive from the CNSC on October 7, 2008. The highlights of Raphael's presentation were: • The FDS is an engineered system of nets and navigational system at the cooling water intake at Pickering Nuclear Generating Station to reduce fish entering the cooling water system by approximately 80 %. • The FDS was first installed on October 15, 2009 and removed for the winter on December 6, 2009. • The FDS was reinstalled on April 16th and removed for the winter on November 22, 2010. • OPG initiated a Screen House monitoring of fish impingement in January 2010 to measure the physical count of fish from the debris collection systems from cooling water. • The Screen House preliminary. monitoring results show a very significant reduction in fish being drawn into the cooling water as result of the FDS of approximately 70 -80 %. • OPG is preparing an effectiveness study report of the FDS that will be completed in 2011. • The CNSC conducted a site visit on October 14 and 15, 2010 and acknowledged the effectiveness of OPG's ongoing efforts to meet CNSC's objectives and recommendations. 31 • The Lake Ontario Waterkeeper also conducted a site visit on October 29, 2010 and congratulated OPG and CNSC for protecting fish effectively with the FDS. Raphael McCalla can be reached at (905) 839 -6746 or by e -mail at Raphael.mccallagopg com for more information on the FDS. 4.6 Report on the Environmental Monitoring Planned for the Port Granby Project Gary Vandergaast, Senior Project Specialist with the Port Hope Area Initiative (PHAI), provided a technical report concerning the environmental monitoring planned for the Port Granby Project. The highlights of Gary's presentation were: • During the environmental assessment study process, there was a recognized need to design a water treatment development system for the Port Granby Project that would effectively contain and remove contaminants that could adversely affect the environment and human health. • The PHAI's approach to the water treatment development system included: • In 2008, assessment of water treatment requirements • In 2008, assessment of applicable treatment technologies • In 2009, conducted bench scale studies • In 2010, conducted pilot scale studies • In 2010 and 2011, to develop a detailed design • The conclusions of the Bench Scale Studies were: • Reverse osmosis was very effective in removing contaminants • Pretreatment for ammonia and nitrate removal may be required • Evaporation may be feasible for concentrate after reverse osmosis • The conclusions of the Pilot Study showed very significant results of contaminants using reverse osmosis and the reductions were: • Nitrate by approximately 98 %. • Arsenic by 98% • Radium -226 by 99% • Uranium by 99% Gary indicated the Next Steps for the Port Granby Project Water Treatment Requirements include: • Completing the Pilot Scale Study Reports. • Submitting the Water Treatment Definition Reports to the CNSC including Preliminary Action Levels. • Completing the detailed design plan for the Project. • Receiving a licence from the CNSC for the Project. • Beginning the construction and commissioning of the Project in 2012. Gary Vandergaast and his associates at the PHAI Management Office will keep the DNHC updated concerning the Port Granby Project. Gary can be contacted at (905). 885 -8830 or vandergaastg(d,aecl.ca for more information on the Project. 5.0 Health Effects 5.1 No Report Presented Today 6.0 Communications 6.1 Community Issues at Pickering Nuclear Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on Community Issues at Pickering Nuclear. The highlights of Don's presentation were: • Pickering A employees have worked approximately 2.2 million hours without a lost -time injury and Pickering B employees have worked more than 3.8 million hours without a lost -time injury. • All units at Pickering are operating at full power except unit 4 that is at 85% of full power after a brief maintenance outage. • Unit 5 will begin an outage in early February for planned maintenance. • Pickering Nuclear will partner with several community organizations including the Big Brothers and Sisters, sponsor an international film night and the bi- annual employee art show. • Pickering Nuclear staff will meet with newly elected council members and senior staff from host municipalities. • The next Pickering Neighbours newsletter will be distributed in March 2011. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839 -1151 extension 5966 or by e-mail at don.teLU@opp,.com for more information. 6.2 Community Issues at Darlington Nuclear . Don Terry provided an update on the community issues at Darlington Nuclear. The highlights of Don's presentation were: • Employees at Darlington Nuclear have worked approximately 8.8 million hours without a lost -time injury dating back to May 2008. • A planned maintenance outage of Unit 1 will begin in mid -March 2011. • All four units at Darlington Nuclear are operating at high power. • Darlington Nuclear will partner with several community organizations including the Big Brothers and Sisters of Clarington and Clarington's Winter WonderLearn. • Darlington Nuclear will meet with newly elected council members and senior staff of host municipalities. • The Public Hearing of the Joint Review Panel for Darlington New Nuclear Power Plant Project will begin on March 21, 2011 but the location in Durham Region has not been announced. • The next Darlington Neighbours newsletter will be distributed in March 2011. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697 -7443 by e -mail at JennifenknoxgopLg_com for more information. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 4. 7.2 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on April 15, 2011 or future DNHC meetings may include: • Report on Ontario's Future Energy Program • Progress Report from OPG concerning the New Nuclear at Darlington Project • Progress Report .from OPG concerning the Refurbishment and Continued Operation of Darlington • Progress.Report from NWMO concerning the Site Selection Process 8.0 Next Meeting Date April 15, 2011 Time 12:00 PM Lunch served . 1:00 PM Meeting begins Host Darlington Nuclear Location Courtice Community Complex 2950 Courtice Road Meeting Room A Clarington, Ontario 9.0 Adjournment at 4:15 PM 9 Newcastle Memorial Arena Management Board 1-2 Municipalit�of Clarin ton Minutes ofMeeting Tuesday February 8, 2011 (Not yet Approved by Committee) In Attendance — Gord Lee, Chair Larry Burke, Vice-Cha r DISTRin- Gord 1® Councillor, Willie Woo, Carol Little, Bob Holmes, Gary Oliver, REVIEWED BY Blaker, Jo -Acme Raymond, Arena Manager, Bryan Wiltshire. ORIGINAL TO: 1. Call to Order — 7:10 P.M. ° DIRECTION NOFORMATIOO FILE COPY TO: The meeting was turned over to Councillor Woo for the Election of Off, erst(PCMair &MEMBERS ❑ CAO vice. Chair). Gary Oliver nominated both Gord Lee and Larry Burke to b r ��j t OF COUNCIL 8gORPORATE ❑ EMERGENCY cele$4ITY Chair & Vice - Chair, respectively. There were no other nominations for t esaEOr , SERVICES SERVICES positions. The following motion was proposed: ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS SERVICES CLERK'S Motion # 11 -104 ❑ PLANNING ❑ SOLICITOR SERVICES ❑ TREASURY THAT. Gord Lee be re- elected to the position of Chair for the four year t gno%kAhis committee. MUNICIPAL CLERK'S FILE Moved by: Gary Oliver Seconded by: Bob Holmes CARRIED Motion # 11 -105 THAT. Larry Burke be re- elected to the position of Vice -Chair for the four year term of this committee. Moved by: Gary Oliver Seconded by: Bob Holmes CARRIED 2. Adoption of Minutes — Motion # 11 -105 was proposed: THAT. The minutes of January 11, 2011 is approved with no changes, additions or, deletions. Moved by: Carol Little Seconded by: Larry Burke CARRIED 3. Arena Manager's Report— Bryan Wiltshire Bryan provided the board with five (5) quotations for arena work that needed attention. From Rivett Architectural- Quote # 314097 — New Dressing Room Doors — (2) Supplied and installed @ $3,375.00 — Quote # 314098 — Panic Door installation on west exit door, Supplied and installed - $675.00. Quote # 314101 —New weather stripping on Olympia Door — Supply and install - $200.00. Quote from George Moore Electric to supply and install baseboard heater and timer in Referee's Room @ $770.66. Quote on Glycol Water Treatment required monthly for refrigeration plant. Costs for the balance of this season and all of next; a total of - $900.00. Motion 911-106 was proposed: THAT: We go ahead with Quote # 314098 — Panic Door installation, providing: There are no available doors in inventory with the Municipality Operations Department for replacement. In addition, we also go ahead with the weather stripping on the Olympia Door and also look after the Glycol Water Treatment. Then, attempt to get second quotes on the other two projects — Referee's Room and Dressing Room Doors. Moved by: Carol Little Seconded by: Gary Oliver CARRIED Discussion continued with Bryan on the Parking Lot ice conditions. As our snow removal contract included additional cost of $150.00 for salting, it was decided; staff could do their own salting with a medium size spreader and salt supplies from Rona Hardware, in Newcastle. Motion # 11 -107 was proposed: THAT: Bryan purchase a medium size spreader and sufficient bags of salt to keep the parking lot reasonably clear of ice, particularly the walking areas; bringing people to and from the entrances and exits. Staff will be required to do the salting, as required. Moved by: Gary Oliver Seconded by: Larry Burke CARRIED Insufficient hot water in the change rooms for showers continues to be an issue with our user groups, particularly the men's teams. Bryan was asked to secure information and quotations on the installation of Tank -less Water Heaters. Further discussions on energy efficient lighting for the arena floor area ensued. The chair advised he was meeting with Fred Horvath in the near ftiture and would discuss the Municipality's recent energy saving project and study, they had recently completed. Lighting and hot water requirements would be discussed. (3) Safety Helmets for on — ice employees and patrons has become a major concern. The chair advised: It was just a matter of time before stringent policies would come into place regarding head safety. The members felt we should become pro- active with a firm policy; particularly, with our own staff. Currently, our staff is wearing a variation of Hard Hats; not conducive to overall safety. The following motion was proposed: Motion # 11 -108 THAT: Effective with the fall ice program commencing — (September, 2011) CSA Approved Safety Helmets for on -ice activities be a condition of employment, similar to our policy on Safety Boots. All employees, including the Olympia Operators will be required to wear such head gear when entering the ice surface. Further, notices will be posted with patron requirements for safety helmet policies in Newcastle Memorial Arena. At this point, no policy is in place for figure skating patrons. But, will be further looked at, in discussions with the municipality. Moved by: Gord Blaker Seconded by: Jo -Anne Raymond CARRIED 4. Finances - Received for Direction — Proposed Budget was provided and discussed. Letter from employee Dan Cowx was discussed. Motion # 11 -109 was proposed: THAT: Arena Manager Bryan Wiltshire's hourly rate is increased by $1.00/ hr. From a rate of $25.00 /Hr. to $26.00 — effective February 7th, 2011 Lead Hand employee, Dan Cowx's hourly rate be increased by $1.50 /hr.From a rate of $15.00 /Hr. to $16.50 — effective February 7th, 2011. Arena Manager's request for an additional one week of vacation and his further request for payment of Safety Boots be deferred to our March, 2011 meeting. With these changes in the payroll, the proposed.budget be accepted and prepared for year 2011. Copies of the accepted budget will be forthcoming to all board members and the municipality. Moved by: Jo -Anne Raymond Seconded by: Bob Holmes CARRIED (4) Accounts Receivables were provided and a concern for the $13,105.06 by C.G.H.L.' was discussed. With approximately $6,000.00 in the 60 to 90 day column, the chair was asked to make contact with their treasurer for payment. 5. Next Meeting — Tuesday March 8, 2011— 7:00 P.M. 6. Adjournment— Motion # 11 -110 —THAT: The Meeting is adjourned. Moved by: Gord Blaker Seconded by: Jo -Anne Raymond CARRIED Draft minutes — Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTE HELD ON TUESDAY MARCH 8, 2011 AT 7:00 P.M. Present: (Voting) Staff Present: Regrets: Shirley Minifie Pat Mulcahy Michael Goleski Geoff James Peter Windolf Brian Reid Greg Wells — GRCA Absent: Warren May — MNR 1. Welcome and Introductions 1 -3 'T' 7, e S I E'-!" ila'% 3 G d,, Ik.l 1 REVIEIVED BY 1 ORIGIN'\L TO: O COUNCIL OUNCIL ❑ FILE DIRECTIGN INFORMATION COP'{ TO: ❑ MAYOR ❑ MEMBERS ❑ CAO OF COUNCIL ❑ COMMUNITY ❑ CORPOPATE ❑ EMERGENCY SERVICES SERVICES SERVICES ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS SERVICES CLERK'S ❑ PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES ❑ OTHER MUNICIPAL CLERK'S FILE Jim Cleland David Best Clayton Morgan Councillor Corrina Traill As this was the first meeting of the new term, SWNA committee members were asked to introduced themselves and describe their background and interest in the SWNA. 2. Election of Chair and Vice Chair Since all members were not present at the meeting it was agreed that elections would be delayed until the April 12 meeting. 3. Agenda Additions -Site accessibility - Regulatory signage Acceptance of Agenda MOVED by Clayton Morgan, seconded by Shirley Minifie THAT the agenda for March 8, 2011 be accepted. CARRIED 2 4. Minutes of October 12, 2010 Corrections There were no corrections to the minutes Approval of Minutes MOVED by David Best, seconded by Shirley Minifie THAT the minutes of October 12, 2010 be approved. CARRIED 5. Issues arising from the Minutes There were no issues arising from the minutes. 6. Sub - Committees There was a discussion about the types of SWNA sub - committees that have previously existed. The committee decided to establish two sub - committees; a) Site Maintenance, to be chaired by Jim Cleland. This sub - committee would provide leadership for on -site projects and provide advice on the development and maintenance of the SWNA. David Best volunteered to assist. b) Communications and Special Events, to be chaired by Shirley Minifie. This sub- committee would focus on promoting public awareness of the SWNA through updates on the SWNA blog, delivery of the SWNA PowerPoint presentation to interested groups and through special events held at the SWNA. Patricia Mulcahy, Geoff James and Councillor Traill volunteered to assist. All committee members were invited to provide assistance on either committee when they can. 7. Updates 2011 Capital Budget Council approved $28,000 for the Samuel Wilmot Nature Area in the 2011 Budget. The list of proposed projects was established by the previous SWNA committee including; - An information kiosk on the Toronto Street side similar to the existing kiosk at the Cobbledick parking lot - A viewing platform on along the east edge of the marsh - Additional benches along the trails - Regulatory signage intended to reduce littering around the marsh Preliminary estimates indicate that all of these projects can be built within the budget allocation. The number of benches and signs will be determined once the costs of the other projects are known. There was discussion about what should appear on the kiosk sign. It was agreed that one side of the kiosk should display a map showing the site features such as trails, benches, viewing platforms, interpretive signs, parking areas, etc. The map would also include the updated road network and parking lot access on the east side of the site and the section of waterfront trail located on -road trail along Toronto Street. The other side of the sign would include information on the site history, ecology, wildlife and vegetation. User information and the municipal web site address could also appear on the sign. A draft of the sign graphics will be distributed to the committee when available. There was discussion about the establishing a trail for the visually impaired, similar to the Dogwood Trail at the Oshawa's Second Marsh Wildlife Area. While the committee agreed that this type of trail would be a valuable asset to the SWNA it would have to be discussed and considered as a future capital budget item. Pitch -In Week Pitch -In week is an annual community clean -up event co- ordinated through the Operations Department. This year's Pitch -In events are scheduled from April 18- 24.The SWNA has traditionally been one of the advertised sites. The committee agreed participate again this year and will have volunteers available to assist on Saturday April 23 at both the Cobbledick and Toronto Street parking lots. Operations will be asked to advertise the locations and provide bags and gloves. S. Other Business Site Accessibility and Accessibility Training Accessibility Training is a mandatory requirement for all volunteer members of Boards and Committees. Several members attended the training during the last term of the committee. The training is intended to raise awareness of accessibility issues but the SWNA site is not fully accessible and could not be made fully accessible without major improvements to the trail grades and surfaces. Regulatory Sig The committee also discussed the need for signs encouraging fisherman to take their litter with them. The signs would be posted at the main access points to the central portion of the marsh where most of the littering is occurring. The previous SWNA committee decided that the signs with the funds remaining after the kiosk, viewing platform and benches were installed. Nest Boxes Jim Cleland removed all of the nest boxes for cleaning and will re- install them in late March or early April. He suggested that more nest boxes and T -bars are needed at the site. Operations will be asked to provide additional T -bars. Future Meeting Schedule The committee decided to continue with the normal schedule for SWNA meetings, being the second Tuesday of each month. 0 Motion to Adjourn MOVED by Pat Mulcahy, seconded by David Best THAT the meeting be adjourned. CARRIED Adjournment: 8:45 P.M. Next Meeting: Tuesday April 12, 7 :OOPM Notes prepared by P. Windolf 1 -4 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO.3 AUTHORITY MEETING Tuesday, March 15, 2011 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARD zQQM DISTRIBUTION REVIEWED BY Present: P. Perkins, Chair ORIGINAL To: � ❑ COUNCIL 10'COUNCIL ❑ FILE L. Coe DIRECTION INFORMATION S. Collier COPY TO: J. Drumm O MAYOR O MEMBERS ❑ CAO A. England of COUNCIL R. Hooper ❑ COMMUNITY ❑ CORPORATE ❑ EMERGENCY D. Mitchell SERVICES SERVICES SERVICES J. Neal ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS M. Novak SERVICES CLERK'S P. Rodrigues g ❑ PLANNING C3 SOLICITOR ❑ TREASURY C. Traill SERVICES ❑ OTHER J.R. Powell, Chief Administrative Officer MUNICIPAL CLERK'S FILE r� Ct= D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage 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 K.L. Tate, Administrative Assistant /Recording Secretary Excused: B. Chapman, Vice Chair L. Corrigan Absent: T.D. Marimpietri 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. #32 Moved by R Hooper Seconded by M. Novak THAT the Authority minutes of February 15, 2011 be adopted as circulated. CARRIED AUTHORITY MINUTES — MARCH 15, 2011 — PAGE 2 CORRESPONDENCE (1) Correspondence from Conservation Ontario/Don Pearson Re: Letter to Toronto Wind Action on behalf of all 36 Conservation Authorities in Ontario Res. #33 Moved by L. Coe Seconded by L. Collier THAT the above correspondence (attached as Schedule 3 -1 to 3 -5) be received for information. CARRIED DELEGATION — Mr. Alex Alexander, 3455 Ritson Road North, Oshawa The Chair gave Mr. Alex Alexander an opportunity to speak on behalf of all residents present this evening in conjunction with Staff Report #4947 -11 as it relates to a permit 011- 007 -GH issued to Hard -Co Construction contained within Staff Report 4944 -11 ; discussion ensued. The Chair thanked W. Alexander for his presentation. (1) Staff Report #4947 -11 Application To Place Fill — 618 Columbus Road East, Oshawa Res. #34 Moved by J. Drumm Seconded by L. Coe THAT Staff Report #4947-11 (attached as Schedule 4.1 to 4 -6) be received for information. AMENDMENT Moved by J. Neal Seconded by A. England THAT the following points be added as conditions to permit 011- 007 -GH issued to Hard -Co Construction: The applicant will notify truck drivers that tail gates are not to be slammed on the site. Additionally, signs will be posted at the site entrance and at the dumping area to remind truckers not to slam tailgates. A dozer operator will be on site to monitor the site for compliance. Work hours will respect Noise By -Law requirements The applicant will make available water trucks and sweepers and will monitor and wet down the site as needed to, control dust on -site. As the fill is placed on site, final grades will be established, and seed placed to limit the amount of disturbed site. Considerable discussion ensued. Also present was Jason Hotchkiss of the City of Oshawa. In answer to an inquiry made by M. Novak, Mr. Hotchkiss stated the City of Oshawa administers a Noise By -Law in effect between the hours of 7:00 a.m. to 7:00 p.m. and that further information and specifics of this by -law can be obtained from the City of Oshawa. The Chair noted to members the City of Oshawa is responsible for enforcing its Noise By -Law. Res. #35 Moved by D. Mitchell Seconded by L. Coe THAT voting on the above AMENDMENT be severed on the two bullet points. CARRIED J. Neal spoke with respect to the first bullet point (as noted above). Discussion ensued. The Chair gave Mr. Bang Harding, President of Hard -Co an opportunity to speak; members asked questions of Mr. Harding. FIRST BULLET POINT OF AMENDMENT — CARRIED SECOND BULLET POINT OF AMENDMENT — CARRIED RES. #34 CARRIED AS AMENDED AUTHORITY MINUTES — MARCH 15,2011 — PAGE 3 Res. #36 Moved by A. England Seconded by J. Neal THAT all future permit applications must be reviewed by the CLOCA Board of Directors prior to issuance. R. Powell outlined the ramifications involved should all permit applications be required to come before the CLOCA Board of Directors for approval prior to issuance. FRIENDLY AMENDMENT Moved by C. Traill THAT all future permit applications submitted for 618 Columbus Road East, Oshawa be required to come before the CLOCA Board of Directors for review prior to issuance. CARRIED RES. #36 CARRIED AS AMENDED The Chair gave direction to staff to send a letter to Hard -Co Construction Ltd. noting they have an obligation to fulfill regarding the City of Oshawa Noise By -Law at the 618 Columbus Road East, Oshawa location. The Chair gave direction to staff to forward a letter to the City of Oshawa noting concerns from residents in the vicinity of 618 Columbus Road East, Oshawa and the need for enforcement of the City of Oshawa Noise-By-law. DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4944 -11 (attached as Schedule 5-1 & 5-2) Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses — February 2011 Res. #37 Moved by J. Neal Seconded by A. England THAT permit 011 - 007 -GH issued to Hard -Co Construction Ltd. be severed out from Staff Report #4944 -I1. CARRIED Res. #38 Moved by J. Drumm Seconded by L: Coe THAT the attached applications, other than permit 011 - 007 -GH, as issued by staff, be endorsed. CARRIED Res. #39 Moved by J. Drumm , Seconded by L. Coe THAT permit 011 - 007 -GH, as issued by staff, be endorsed. CARRIED J. Neal requested his opposition be noted. DIRECTOR, ENGINEERING & FIELD OPERATIONS (1) Staff Report #4948 -11 Winter in the CLOCA Conservation Areas Res. #40 Moved by M. Novak Seconded by L. Coe THAT Staff Report #4948-11 (attached as Schedule 6 -1 to 6 -3) be received for information. CARRIED AUTHORITY MINUTES — MARCH 15,2011 — PAGE 4 (2) Staff Report #4946 -11 Purple Woods Conservation Area Maple Syrup Festival Facility R. Powell introduced Staff Report #4946 -11 emphasizing the need to proceed with development of the Purple Woods facility to enable completion of the work for the 2012 Maple Syrup Festival. Res. #41 Moved by J. Drumm Seconded by M. Novak THAT Staff Report #4946-11 (attached as Schedule 6 -4 to 6 -7) be received for information; THAT Staff be directed to proceed with project in 2011 based on the proposed funding scenario conditional on the Region of Durham contributing $500, 000 toward the capital cost of the project. CARRIED DIRECTOR, GROUNDWATER (1) Staff Report #4945 -11 CTC Source Water Protection — CLOSPA Assessment Report Amendments and Updates G. SooChan made a presentation on the Source Water Protection initiative and status. The Chair thanked G. SooChan for her presentation and welcomed questions from members. Res. #42 Moved by M. Novak Seconded by S. Collier THAT Staff Report #4945-11 (attached as Schedule 7 -1 to 7 -23) be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICER (1) Staff Report #4949 -11 Family Day Snowshoe Res. #43 Moved by A. England Seconded by M. Novak THAT Staff Report #4949-11 (attached as Schedule 8 -1 to 8 -4) be received for information. CARRIED MUNICIPAL AND OTHER BUSINESS The Chair reminded members the orientation session is scheduled to be held prior to the next CLOCA Board of Directors meeting on Tuesday, April 19, 2011 at 3:30 p.m. ADJOURNMENT Res. #44 Moved by J. Drumm Seconded by A. England THAT the meeting adjourn. CARRIED The meeting adjourned at 6:55 p.m. The Regional March 10, 2011 Ms. P.L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS 'I I MAR15 n 1 - 12 Municipality RE: THE 2011 ANNUAL SOLID WASTE MANAGEMENT of Durham SERVICING AND FINANCING STUDY (2011 -J -22) Clerk's Department (Our File No: F07) 605 ROSSLAND RD. E. to Report No. 2011 -J -22, be approved and form part of the PO BOX 623 Ms. Barrie, the Joint Finance & Administration and Works WHITBY ON L1N 6A3 Committee of Regional Council considered the above matter and CANADA 905 -668 -7711 at a meeting held on March 9, 2011 .Council adopted the following 1- 800 - 372 -1102 recommendations of the Committee: Fax: 905-668-9963 these materials: E -mail: clerks @durham.ca www.durham.ca "2011 Regional User Fees and Charges Pat M. Madill, A.M.C.T., CMM III Regional Clerk a) THAT the Regional Fees and Charges schedule for 2011 Solid Waste Management Operations, per Attachment #1 to Report No. 2011 -J -22, be approved and form part of the annual Regional listing of Fees and Charges made available to the public, including the following change as directed in late 2010, to encourage electrical and DISTRIBM ON electronics waste diversion, and ensure proper disposal of these materials: REVIEWED BY ORIGINAL TO: i) Based upon 100 per cent Waste Diversion Ontario ❑ COUNCIL C( COUNCIL ❑ FILE (WDO) subsidy program requirements, separate DIRECTION INFORMATION loads of 100 per cent Waste Electronics and coPYTO: Electrical Equipment (WEEE) diversion materials be C] MAYOR ❑ MEMBERS ❑ CAD OF COUNCIL accepted free -of- charge at the Region's Waste ❑ COMMUNITY Q CORPORATE ❑ EMERGENCY Management Facilities (WMFs) located In the SERVICES SERVICES SERVICES 0j/0PERATIONS ENGINEERING Townships of Scugog and Brock and the City of D ❑MUNICIPAL SERVICES CLERK'S Oshawa; ❑ PLANNING ❑ SOLICITOR O'TREASURY SERVICES S lid Waste Diversion: Increasing Reuse Opportunities ❑ OTHER _ MUNICIPAL CLERK'S FILE 4�07. 6 F h THAT staff be authorized to enhance reuse materials' drop -off areas at the Region's existing Waste Management Facilities (WMFs) located in the Townships of Brock and Scugog and. the City of Oshawa, through the following initiatives: "Service Excellence for our Communities" 100% Post Consumer Page 2 Report No. 2011 -J -22 i) Reorganization of the Region's existing WMFs be approved to increase the areas available for the drop -off of new reuse materials, at a total cost of up to $90,000 to be financed from the 2011 Solid Waste Management capital budget, primarily to purchase additional equipment (e.g. bins) and associated site mod - ifications; ii) Staff be authorized to procure and execute partnership contracts through a Request for Proposals (RFP) process in order to partner with local community charitable and /or non - profit organizations which are in the business of collecting reusable waste items (e.g. demolition /construction materials, textiles), including entering contractual arrangements to safely and effectively provide for Regional drop -off locations for their re- useable items at the WMFs; iii) The Commissioner of Finance be authorized to negotiate a five -year sole source contract with Grace Canada Inc. of the Town of Ajax, to continue under the same terms and conditions as the existing pilot contract to collect separated expanded polystyrene from the Region's WMFs; Solid Waste Diversion: Increasing Recycling Opportunities c) THAT, including review of options, implementation plans, timing, costs, potential locations, synergies and diversion potential, Regional staff be authorized, at. a cost not to exceed $500,000 financed from the 2011 Solid Waste Management Budget, to issue and award a 2011 Request for Proposals to secure a consultant to investigate future implementation of a standardized Regional eco- station facility to provide for a depot -style collection point(s) accepting diversion -only materials (no garbage waste) and with a report back to the Joint Committee to include the provision of feasibility and business case analysis; d) THAT Works and Finance staff finalize a due diligence review of available end -use markets and operational and equipment design and lay -out options for plastic food and beverage containers with resin codes numbered three to seven (food clamshells and trays), at a cost not to exceed $100,000 and authorization to undertake the following actions: Page 3 Report No. 2011 -J -22 i) In 2011, the Commissioner of Finance, in consultation with the Commissioner of Works, issue an RFP and award a contract to a suitable consultant, in consultation with the Commissioner of Works, in order to conduct a preliminary assessment/feasibility study of various operational and equipment design and layout options to process number three to seven plastics at the Region's existing Material Recovery Facility (MRF) in Whitby; ii) Subject to the findings in i) above, make a formal application to the Waste Diversion Ontario (WDO) Continuous Improvement Fund (CIF) to secure CIF funding for the cost of equipment modifications at the Region's MRF to enable processing of number three to seven plastics; iii) The Commissioner of Finance commence negotiations with the Region's current MRF operations contractor, Metro Municipal Recycling Services Inc. (MMRSI), with the Commissioner of Works, to resolve any operational or financial impacts associated with the potential introduction of number three to seven plastics to the Region's Blue Box program in 2011; iv) Depending upon the results and subject to an unfavorable outcome of negotiations with MMRSI, the Commissioner of Finance, in consultation with the Commissioner of Works, be authorized not to exercise any of the three available one -year contract extension options with MMRSI, beyond the original 5 year contract term ending in 2012, and further, that the Commissioner of Finance be authorized to initiate a suitable procurement process to obtain a new MRF processing contractor commencing at the end of the existing five -year term, and including processing requirements for additional new Blue Box materials; V) Prior to implementation of the expanded Blue Box program including number three to seven plastics, staff provide a full report to Council on the operational, financial and promotional implications and communications strategies required to complete this potential Blue Box expansion; Page 4 Report No. 2011 -J -22 e) THAT Regional Finance and Works staff be authorized to enter into a partnership agreement with the Provincial Government's Ontario Electronic Stewardship (OES) provided there is no cost to the Region, to develop and execute 2011 pilot projects, and evaluate the operational logistics, acceptance and financial and diversion implications from a new multi - residential unit waste electrical and electronic equipment (WEEE) recycling collection program (see the OES letter included as Attachment #2 to Report No. 2011- J -22), and residential curbside collection of WEEE, with full reporting of the pilot results to Joint Committee and Regional Council; f) THAT Works and Finance staff be authorized to apply for, and if successful, execute applicable agreements to receive 100 per cent funding from the Continuous Improvement Fund (CIF) of Waste Diversion Ontario to develop and test reverse vending machine event greening initiatives, which could include the acquisition of three reverse vending machines at no net cost to the Region, to be utilized under staff supervision at special waste events and report back to Joint Committee and Regional Council on the project; Service Standardization, Uniform Waste Tax Rates and the New Regional Waste By -law g) THAT consistent with previous directions to standardize solid waste management services and implement the phase -in of uniform property tax rates based on weighted assessment, and based on 2009 and 2010 consultations with stakeholders, the Regional Solicitor be requested to prepare a by -law to establish and maintain a system for the collection and disposal of waste in the Regional Municipality of Durham, subject to the final review and approval of the by -law by the Commissioners of Works and Finance and based upon the highlights included as Attachment #3 to Report No. 2011 -J -22 as well as the following: i) Standardized service levels for Regional waste collection services based on existing services, and focusing on the core mandate of providing curbside residential waste collection service, including: ■ Definitions of programs, acceptable waste materials, collection frequencies and mechanisms to encourage diversion; Page 5 Report No. 2011 -J -22 ■ Garbage bag limits for curbside collection of waste (4 bag bi- weekly limit Region- wide); ■ Roles and responsibilities of contractors, the Region and clients; ■ Special provisions for families with small children and special needs; ■ Penalties for non- compliance; ii) Technical and financial parameters for the provision of Regional waste collection services to residents and a formal process for requests for service that promote transparency, clarity and efficiency, including: ■ Eligibility requirements, formal applications and process to receive waste services on private properties (refer to Appendix 1 of Detailed Report for Technical and Risk Management Guidelines for Waste Collection Services on Private Property in Detailed Report on CD); ■. Diaper and Medical provision guidelines, application and process; iii) Documented service level standards for waste collection and the safe operation of standardized services at the Region's Waste management facilities; Other . h) THAT Regional staff be authorized to issue and award a RFP to retain a consultant at a cost not to exceed $150,000 funded from the 2011 Solid Waste Management Budget, to assist in the preparation of options and business case analyses, regarding optimization of the Region's 4600 Garrard Road solid waste management facility in the Town of Whitby, including goals to maximizing diversion opportunities and efficiencies and control over processing, transfer and /or Regional haulage operations, with a report back to Regional Council with results and recommendations in 2011; i) THAT Works and Finance staff be authorized, as part of a. larger study of corporate green energy opportunities to be reported in March 2011, to procure a consultant in 2011, at a cost not to exceed $50,000, in order to conduct a strategic assessment/pre- feasibility study of options to Page 6 Report No. 2011 -J -22 utilize anaerobic digestion technology to produce useful energy, while allowing for the diversion of compostable materials with known health and safety issues (e.g. pet waste); j) THAT the Regional Solicitor be authorized to prepare the requisite by -laws and Agreements and the Regional Clerk and Regional Chair be authorized to execute subject by- laws and agreements; k) THAT the proposed Solid Waste Management 2011 Holiday Collection Schedules included in Attachment #4 to Report No. 2011 -J -22 be received for information; and 1) THAT a copy of Report No. 2011 -J -22 of the Commissioners of Finance and Works be forwarded to the Region's eight Local Area Municipalities." As directed, please find enclosed a copy of Report #2011 -J -22 of C. Curtis, Commissioner of Works, and R.J. Clapp, Commissioner of Finance. v P.M. Madill, AMCT, CMM III Regional Clerk. PMM /cb Enclosure c: R.J. Clapp, Commissioner of Finance C. Curtis, Commissioner of Works • arm n Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 28, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 21, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD- 012 -11 Monthly Report on Building Permit Activity for January, 2011 (b) EGD- 013 -11 Monthly Report on Building Permit Activity for February, 2011 (c) OPD- 004 -11 2010 Winter Report (d) FND- 005 -11 Mayor and Councillors' Remuneration and Expenses for 2010 (e) FND- 006 -11 Building Permit Fees Annual Report for 2010 (f) LGL- 004 -11 Clarington ats. St. Mary's Cement Court File No: 09 -CV- 375276 2. DELEGATION OF GARY JEFFREY, CHAIR OF THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON (AACC), REGARDING THE AACC ANNUAL REPORT FOR 2010 THAT the delegation of Gary Jeffrey, Chair of the Agricultural Advisory Committee of Clarington (AACC), regarding the AACC 2010 Accomplishments, be received with thanks; and THAT Members of Council are very interested in the AACC's activities and request, from the AACC, dates of upcoming events. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - March 28, 2011 3. TO PERMIT THE CONSTRUCTION OF A SIX -BAY MOTOR VEHICLE REPAIR GARAGE APPLICANT: DUNBURY DEVELOPMENT (COURTICE) LIMITED THAT Report PSD- 025 -11 be received; THAT the rezoning application submitted by Dunbury Developments (Courtice) Limited continue to be processed by staff and that a further report be prepared following the receipt of all outstanding agency comments; and THAT the interested parties listed in Report PSD- 025 -11 and any delegations be advised of Council's decision. 4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 3, 2011 THAT Report PSD- 026 -11 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on March 3, 2011 for applications A2011 -0001 to A2011 -0003, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 5. GO EXTENSION TO BOWMANVILLE ENVIRONMENTAL ASSESSMENT THAT Report PSD- 027 -11 be received; THAT Council endorse the staff comments noted in Section 4.0 of Report PSD- 027 -11 as the Municipality's comments on the Oshawa to Bowmanville Rail Service Expansion and Rail Maintenance Facility Environmental Assessment Study Report dated January 2011; THAT the Municipality of Clarington support the recommendation of the Environmental Assessment Report to extend the GO Train Service to Bowmanville, with the understanding that the comments contained in Report PSD- 027 -11 will be satisfactorily addressed prior to the conclusion of the EA approval process; THAT the Province and Metrolinx be requested to confirm that the Oshawa to Bowmanville fail service expansion will be undertaken as one phase; THAT the Municipality of Clarington request the Province and Metrolinx Board to move forward with the implementation of expansion of the GO train service to Bowmanville as soon as possible by completing the Transit Project Assessment Process, detailed design and constructions with all necessary funding earmarked at an early stage in GO Transit's Ten Year Capital Plan; Report #1 - 3 - March 28, 2011 THAT staff be authorized to approach GO /Metrolinx to negotiate a cost sharing agreement for the Green Road grade separation; and THAT all interested parties listed in Report PSD- 027 -11 and any delegations be advised of Council's decision. 6. REQUEST FOR INFORMATION ON DRAFTING AND IMPLEMENTING AN AIR QUALITY BY -LAW THAT Report PSD- 028 -11 be received; THAT The Municipality, through the GTA Clean Air Council, monitor the progress being made by the Ministry of Environment on the cumulative impact assessment, PM2.5 policy framework, and development of components of the Comprehensive Air Management System (CAMS); THAT the Region of Durham Health Department be requested to become more involved in air quality issues, especially as they relate to health issues, on a Region wide basis; THAT-if Council determines that air quality improvement should be identified as a priority, the issue be referred to the 2012 budget for municipal initiatives; and THAT all interested parties listed in Report PSD- 028 -11 be advised of Council's decision. 7. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: MAPLE WOODS LAND CORPORATION THAT Report PSD- 029 -11 be received; THAT the request for removal of Part Lot Control with respect to Block 26, in Plan 40M -2265; and Block 137, in Plan 40M -2337 be approved and that the attached Part Lot Control By -law be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD- 029 -11, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #1 - 4 - March 28, 2011 8. REVIEW OF REGION OF DURHAM'S APPLICATION FOR CERTIFICATE OF APPROVAL FOR ENERGY - FROM -WASTE FACILITY THAT the Director of Planning Services be authorized to re- engage SENES Consultants Ltd. to prepare comments on the application to the Minister of Environment for Certificates of Approval for the Energy- From -Waste facility at a cost of approximately $15,000 with a report and presentation to the General Purpose and Administration Committee; and THAT the funds be allocated from account # 100 -00- 000 - 00000 -2926, Consulting and Professional Fees Reserve. 9. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A FOOD STORE OF 2,829M2 AND TWO SMALLER BUILDINGS OF 783M2 AND 185M2 RESPECTIVELY FOR RETAIL /SERVICE COMMERCIAL USES — 680 LONGWORTH AVENUE, BOWMANVILLE APPLICANT: 1804603 ONTARIO INC. THAT Addendum to Report PSD- 017 -11 and Report PSD- 017 -11 be received; THAT the rezoning application submitted by 1804603 Ontario Inc., be approved and that the proposed Zoning By -law contained in Attachment 2 to Addendum to Report PSD- 017 -11 be passed; THAT the Holding (H) provision on the zone be removed once the owner has entered into a site plan agreement with the Municipality; and THAT the interested parties listed in Report PSD- 017 -11 and any delegations be advised of Council's decision. 10. HARD COPIES OF CERTIFICATE OF APPROVAL DOCUMENTS FOR THE ENERGY - FROM -WASTE FACILITY THAT a hard copy of the Certificate of Approval documents be made available, for review, in the Municipal Clerk's Department; THAT copies of the Certificate of Approval documents, or excerpts, be provided upon request in accordance with the photocopy fees as prescribed in By -law 2010 -142; and THAT electronic copies (CD's) be made available, for free upon request, through the Municipal Clerk's Department. Report #1 - 5 - March 28, 2011 11. PROPOSED GOODYEAR DAM FISH PASSAGE IMPROVEMENT PROJECT COLLABORATIVE AGREEMENT THAT Report EGD- 009 -11 be received; THAT Council authorize the Mayor and Municipal Clerk to execute the Collaborative Agreement; and THAT all partners in the Collaborative Agreement be advised of Council's action. 12. LONGWORTH ESTATES SUBDIVISION PHASE 2, BOWMANVILLE, PLAN 40M -2242, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD- 010 -11 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M -2242; and THAT Council approve the by -law attached to Report EGD- 010 -11, assuming certain streets within Plan 40M -2242 as public highways. 13. BUILDING PERMIT AND INSPECTION FEE AMENDMENTS AND NEW BUILDING BY -LAW THAT Report EGD- 011 -11 be received; THAT the Building By -Law be revised to reflect the changes necessitated by the new provisions of the Building Code; THAT the building permit fee and inspection fee structure as detailed in the new Building By -Law be approved; THAT the Building By -Law be revised to include the annual indexing percentage of 3 %, effective January 1st each year; THAT the new Building By -Law be effective April 4, 2011; THAT the Building By -Law attached to Report EGD- 011 -11 as Attachment 1, be recommended to Council for approval to rescind and replace By -Law 2005 -145, as amended; and THAT all recorded interested parties be notified of Council's decision. Report #1 - 6 - March 28, 2011 14. PROPOSAL TO CLOSE AND CONVEY A PORTION OF A ROAD ALLOWANCE (GIVEN ROAD) SITUATED IN LOT 30, CONCESSION 2, FORMER TOWNSHIP OF CLARKE THAT Report EGD- 014 -11 be received; THAT Council approve in principle the closure and conveyance of Given Road from Rudell Road to the east limit of future Pedwell Street, situated in Lot 30, Concession 2, former Township of Clarke (Attachment 1 to Report EGD- 014 -11); THAT Council authorize the publication of a notice that Council intends to declare part of the road allowance (Attachment 1 to Report EGD- 014 -11) to be surplus and to pass a by -law to close that part of the road allowance; THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and THAT Lidvest Properties (Clarington South) Ltd. be advised of Council's decision. 15. CLARINGTON BOULEVARD AND STEVENS ROAD INTERSECTION - BOWMANVILLE THAT Report EGD- 015 -11 be received; THAT Council approve the proposal for the construction of traffic signals at the intersection of Clarington Boulevard and Stevens Road; THAT construction of the recommended traffic signals be completed in 2011; THAT funding for the works be reallocated from the following completed projects from previous Capital Budget years: Baseline Road /Spry Avenue Signalization Project — account #110 -32- 330 - 83312 -7401 ($56,000), Bloor Street Sidewalks — account # 110 -32- 331 - 83343 - 7401.($41,200), Prestonvale Road Sidewalks — account #110 -32- 331 - 83346 -7401 ($47,800), and Courtice Road Sidewalks — account #110 -32- 331 - 83345 -7401 ($55,000); and THAT Council approve the proposal to remove the unwarranted all -way stop at the' intersection of Clarington Boulevard and Uptown Avenue at the same time that traffic signals are installed at the intersection of Clarington Boulevard and Stevens Road. Report #1 - 7 - March 28, 2011 16. CL2011 -08, OSBORNE STREET RECONSTRUCTION & ENERGY DRIVE CONSTRUCTION THAT Report COD - 009 -11 be received; THAT Hard -Co Construction Ltd., Whitby, ON with a total bid in the amount of $2,512,297.64 (net HST rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011 -08, be awarded the contract for Osborne Street Reconstruction and Energy Drive Construction as required by the Engineering Department; THAT the funds required in the amount of $3,624,000.00 (which includes $2,512,297.64 for tendering, design contract administration and contingencies) be drawn from the Account # 110 -32- 330 - 83334 -7401 and Letter of Credit #G198126; THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional infrastructure; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. 17. MUNICIPAL EMPLOYEE BENEFITS THAT the benefit consulting firm who recently undertook the comprehensive market review and analysis of the Municipality of Clarington's benefit program, be requested to provide a report to advise if the benefits provided by the Municipality of Clarington's benefit program are reflective of standard and comparable benefits in the municipal sector and, if it is possible, this statement also include some comparable private companies. 18. REQUEST FOR REPORT — WEEKLY PAYMENT OF PROPERTY TAXES THAT the Director of Finance prepare a report on whether or not a weekly payment program for payment of residential property taxes may be instituted. 19. CORRESPONDENCE FROM KAYLIN MORISSETTE AND JULIE CRYDERMAN, REQUESTING FUNDING FOR THEIR PARTICIPATION AT THE U19 WORLD CHAMPIONSHIP — WOMEN'S FIELD LACROSSE IN HANOVER, GERMANY IN AUGUST, 2011 THAT the request from Kaylin Morissette and Julie Cryderman for funding for their participation at the U19 World Championship of Women's Field Lacrosse be denied; and THAT the Municipality of Clarington wish Ms. Morissette and Ms. Cryderman well in their endeavours. Report #1 - 8 - March 28, 2011 20. CHANGE OF COUNCIL MEETING DATE THAT the Council meeting of June 6, 2011 be rescheduled to June 7, 2011 to accommodate the Members of Council attending the Federation of Canadian Municipalities conference. 21. EARTH HOUR WHEREAS climate change and energy consumption are two of the biggest environmental threats to our planet; WHEREAS participating in Earth Hour is about creating and demonstrating leadership for making a difference towards climate change and energy conservation by switching out lights for one hour on the 26th of March 2011; WHEREAS participation in Earth Hour is a symbolic gesture that recognizes the threat of climate change, recognizes that it is a global problem, recognizes that individuals can help to mitigate the problem, and that collectively we can make a difference; WHEREAS participating in Earth Hour would demonstrate the Municipality's commitment to reducing greenhouse gas emissions and energy consumption and highlight how small conservation efforts can add up to substantial energy savings and reductions in greenhouse gas emissions; WHEREAS Earth Hour provides Clarington with the occasion to build a positive image and demonstrate environmental leadership; THEREFORE BE IT RESOLVED THAT, at 8:30 pm on March 26, 2011, the Municipality of Clarington will join other cities around the world in literally "turning out the lights" by shutting off all non - essential lighting in all of its buildings, where feasible, and without jeopardizing safety, for one full hour; and THAT the Municipality of Clarington's participation in Earth Hour be widely promoted in order to raise awareness about this important issue and in order to encourage every individual, household and business in Clarington, and beyond, to join in by turning off their lights for one hour at 8:30 pm on March 26, 2011. Report #1 - 9 - March 28, 2011 22. PROCEDURAL BY -LAW AMENDMENT REGARDING NOTICE OF MOTION WHEREAS a 'Notice of Motion' delivered before Council forces the introduction of an item on the following Council agenda, without discussion, debate or staff input; AND WHEREAS good and meaningful governance requires fulsome debate, due consideration, and open public consultation; THEREFORE BE IT RESOLVED THAT the Procedural By -law, By -law 2011 -016, be amended by deleting Sections 7.12.1, 7.12.2 and 7.12.3 'Notices of Motion', and related sections, to remove the opportunity to introduce new motions at Council without suspending the rules. 23. CORRESPONDENCE FROM LOCAL RESIDENTS AS WELL AS A PETITION REGARDING THE DUNBURY DEVELOPMENT APPLICATION (ZBA 2011 -0001) THAT the correspondence from Roy Nichols, Phyllis Milburn, Shannon Newman, Missy Miller, Gary Lambert, and Tiffany Wilbur, as well as the petition, regarding the Dunbury Development application (ZBA 2011 -0001) be referred to the Planning Services Department for processing with the application. Unfinished Business 1 Excerpt of Council Minutes March 7, 2011 Resolution #C- 128 -11 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." "TABLED" (See Following Motion) Resolution #C- 129 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C- 128 -11 be tabled to the Council meeting of March 28, 2011. KWARTUR Unfinished Business 2 Excerpt of General Purpose and Administration Committee Minutes March 21, 2011 Resolution #GPA- 239 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the request of the Oak Ridges Moraine Foundation for a letter of support be referred to the Council meeting of March 28, 2011. SUMMARY OF BY -LAWS March 28, 2011 BY -LAWS 2011 -030 Being a by -law authorizing entering into an Agreement with the Owners of Draft Plan of Subdivision 18T- 94027, any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington (Approved by Council on September 28, 1998) 2011 -031 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (1494339 Ontario Limited) (Approved by Council on May 1, 2006) 2011 -032 Being a by -law to amend By -law 2004 -253 to provide for Civil Marriage Services to be Offered by the Municipality of Clarington (Approved by Council on March 7, 2011) 2011 -033 Being a by -law to exempt a certain portion of Registered Plan 40M- 2265 and a certain portion of Registered Plan 40M -2337 from Part Lot Control (Item 7 of Report #1) 2011 -034 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (1804603 Ontario Inc.) (Item 9 of Report #1) 2011 -035 Being a by -law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 12 of Report #1) 2011 -036 Being a by -law to provide for the administration and enforcement of the Building Code Act within the Municipality of Clarington (Item 13 of Report #1) 2011 -037 Being a by -law to amend By -law 2011 -016, a by -law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees (Item 22 of Report #1) HANDOUTS /CIRCULATIONS COUNCIL To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Cleric Date: March 25, 2011 Subject: COUNCIL AGENDA — MARCH 28, 2011 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 12 Attached please find a Memorandum from the Director of Planning Services providing information on the Oshawa Cogen Project. STAFF REPORT(S) 2. Confidential Verbal Report of the Solicitor regarding Morgan's Road. UNFINISHED BUSINESS 2. Attach d is a proposed Resolution for Council's consideration with respect to the Del tion of Kim Gavine, Executive Director, Oak Ridges Moraine Foundation. P. L. Barrie, CMO Municipal Clerk PLB /cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L9C 3A6 T 905 -623 -3379 F 905 - 623 -6506 FINAL LIST OF DELEGATIONS March 28, 2011 a) Pam Callus — Hard Copies of Certificate of Approval Documents for the Energy - From -Waste Facility (Item 10 of Report #1) b) Sherry lbbotson — Morgan's Road (Staff Report #2) C) Wendy Bracken - Review of Region of Durham's Application for Certificate of Approval for Energy - From -Waste Facility (Item 8 of Report #1) d) Wendy Bracken - Hard Copies of Certificate of Approval Documents for the Energy- From -Waste Facility (Item 10 of Report #1) e) Henk Mulders - Building Permit and Inspection Fee Amendments and New Building By -Law (Item 13 of Report #1) • Leading the May TO: Mayor and Members of Council MEMO PLANNING SERVICES FROM: David J. Crome, Director of Planning Services DATE: March 25, 2011 SUBJECT: D -12 LETTER FROM MAYOR JOHN HENRY ON THE OSHAWA COGEN PROJECT Mayor Foster asked Planning staff to provide further information on Item D -12 on the March 28, 2011 agenda. The proposed Oshawa Cogeneration Facility is a partnership of Northland Power Inc. and General Motors Canada. The project will be a natural gas fired cogeneration that will provide heat and power to General Motors and the surrounding industrial area. It is supported by the City of Oshawa because, among other things, it replaces the coal burning GM steam plant. We are attempting to get information on anticipated emission levels for the project. Attached is the following: 1. Northland Power web page on the project. 2. Oshawa Resolution. 3. Letter dated Jan. 12, 2011 from General Motors and Northland Power to Paul Ralph, Director of Planning Services. 4. Letter of support dated April 21, 2010 from the Greater Oshawa Chamber of Commerce. 5. Letter of support dated March 14, 2011 from John O'Toole, MPP Durham. If you have any questions, please do not hesitate to contact me. -Ot David DJC:sn Attachments CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 TF 1- 800- 563 -1195 F 905- 623 -0830 Northland Power ntnf�=Trfr_n N U l 0Wt9Ft THERNM GM Oshawa WND Location Oshawa, ON HYDRO Overview The Ontario government has directed the Ontario Power Authority (OPA) to procure 1,000 MW of power SOLAR from cogeneration projects. Northland Is working with General Motors to develop and build a cogeneration NAEWAl.L plant at GM's Oshawa manufacturing facility and supply steam to GM and potentially to other nearby facilities. Technology Natural-gas -fired cogeneration Main Equipment TBD Fuel Natural gas Capacity 50 --200 MW Openedfacquired TBD Agreements Awaiting future OPA procuremenVnegoUation Northland roles Development, conceptual design, detailed design, construction management, commissioning/start -up, owner, operations management Page 1 of 1 http:// www. northlandpower. ca/ WhatWeDo /Projects,aspx?projectID =25 3/24/2011 DS -11 -a0 Development Services Committee Meeting — January 17, 2011 Proposed Oshawa Cogeneration Facility Northland Power Inc. Southwest Corner of.Wentworth Street West and Stevenson Road South . Whereas on December 15, -2008 City Council passed a resolution authorizing the Mayor and Commissioner of.Development Services to send letters of support fora cogeneration facility proposed by Northland Power Inc. at the southwest corner of Stevenson Road South and Wentworth Street West in a GI (General Industrial) Zone; and, ' Whereas the project was delayed due to changes to a previous Ontario Power Authority Procurement Program for Combined Heat and Power projects; and, Whereas by letter dated January 12, 2011, Northland Power Inc. has*advised that it will be making a new submission under a "new Combined Heat and Power procurement initiative in order to advance the construction-of the'proposed facility; and, Whereas the proposed facility has various environmental and economic benefits; and, Whereas by letter dated January 12, 2011, both General Motors -and Northland Power Inc. have requested the City's continued support for the project; and Whereas it is an opportunity for the newly'elected Council to show its support for the proposed facility; Therefore be it resolved: 1. That the Mayor be authorized to send a letter to the Ontario Power Authority setting out the City's support for the proposed facility and requesting the Authority to move forward expeditiously with .the new Combined Heat ' and Power procurement process; 2. That the Region of Durham and all focal Region of Durham municipalities be requested to support the proposed facility; and 3. That a copy of the Council resolution and letter from the Mayor be forwarded to all Oshawa MP's and MPP's. u General Motors of Canada and Northland Power Proposed Cogen Facility Stevenson Road South, Oshawa_ DEVELOPMENT SERVICES DEPARTMENT 77 ® Oshawa Cogen Site Nk oa Quo M N LAKE p�A�`Q N The benefits of the Oshawa Cogen project still prevail today. The approximately 95 --190 MW project (depending on OPA requirements) to be located in the'parking area at southwest corner of Wentworth and Stevenson offers the following benefits: 1. The project will provide GMCL with cost savings at the OAP, supporting GMCL's ability to compete and attract new future product mandates for Oshawa. 2. The project would enable the City, Region and Province to market the adjacent vacant industrial lands to attract Industries that could also make use of the heat available from the Oshawa Cogen facility, creating 'a one -of -a -kind . "Industrial District Energy Centre ". 3. The arrival of Oshawa Cogen would enable.GMCL to reduce its current steam production emissions footprint by eliminating their aged and less efficient steam plant. 4. Oshawa Cogen Is complementary to the area's leading role in electricity production for Ontario. Oshawa Cogen will be "dispatchable" meaning that It can provide power as needed to help bridge the gap between area's base - loaded nuclear capacity and the Intermittent renewable energy being built in the area and to the east. 5. The CHP project also represents 'a significant private sector investment In an Important part of the City and Region's infrastructure while also creating several hundred construction related Jobs from 2011 to 2013/14; Over the course of 2010, we met with the City's Environment Advisory Committee to explain and s provide. an update about the project. The Committee was supportive as was the Greater Oshawa Chamber of Commerce when we met a committee of its Board Members (see attached letter). We are seeking the City of Oshawa's continued support for the project and encouragement for the OPA to move forward expeditiously with the new CHP procurement process In order for the above noted Benefits to be delivered at the earliest possible date. Thank you Yours truly, r Bryan W. Swift. Director, Environment Activities GMCL Attch. !9 tl�rlght: Executive Director, a ness Development Northland Power Inc. 2- CHP project serving General Motors and potentially the surrounding Industrial lands tha Gmater Oshawa ChamberofCommeme supports the CNP p4ect Wtng developed by Northland Power Inc, at CAM's Oshawa CarAsssmbly Plant.. Slncefely, Greater Oshawa Chamborof Commerce KR- (Bob) Malcolmson, CEO & General Manager Gdpi ri:td' Non. Sandra Pupatello Ministerof Economic Development and Trade, i Mr. Co1f n Anderson, CEO'Ontario Pourer Authorfty f Regional ChalrAnderson & Council, Region of Durham. Mayor John Gray & Council, CiVof Oshawa, John Bmc% President Northland Power Inc. Kavin Williams, President & Managing Director Genemi Motors of Canada Limited E MW Untaria LEGISLATIVE ASSEMBLY JOHN R UTOOLE, M.P.P. Durham March 14, 2011 The Hon. Brad Duguid Minister of Energy 900 Say St, 6th Fir, Mowat Block Toronto ON M7A 11.2 Dear Minister: Enclosed please find a letter I received from Oshawa Mayor John Henry regarding the Oshawa Cogen Project. This is an initiative of General Motors of Canada and Northland Power Inc. Mayor Henry, in his letter to the Ontario Power Authority, is asking that the r OPA move forward expeditiously with the new Combined Heat and Power procurement " process, A copy of a resolution passed by Oshawa City Council January 31, 2011, is also attached. Although the site of the project is outside the borders of my Riding, 1 support this i undertaking because I agree that It would bring economic benefits to the Province of ' Ontario, the City of Oshawa/Durham. Region and the GM Oshawa car assembly plant. As you will note from Mayor Henry's letter, this facility would provide a 100 -200 MW Iispatchable power supply on circuits that are already available. It would complement the area's baseload nuclear power and also complement renewable energy projects being built in eastern Ontario. Minister, could you please advise what steps can be taken to ensure this project is a priority and will proceed promptly? Thank you for your consideration. I look forward to your reply. Your%Auly, John O'Toole, MPP Durh Encl. c. Mayor John Henry — City of Oshawa John Yakabuski, MPP — Opposition Energy Critic a U�� 0 {}u &s Park office: CT constituency Office; ft 445 75 King St E. Main Bfdg. BowmanvWe, Ontario Toronto, Warto t1C 1N4 ...... A ' M7A 1A8 Tel. 1-000-661-2433 Tel. (416) 325 -6745 (905) 6971501 �... Fax(416)325-6255 Fax (905) 697 -1506 E-mail: lofN1.otoo 1%0@pc.o1a.org Enclosed please find a letter I received from Oshawa Mayor John Henry regarding the Oshawa Cogen Project. This is an initiative of General Motors of Canada and Northland Power Inc. Mayor Henry, in his letter to the Ontario Power Authority, is asking that the r OPA move forward expeditiously with the new Combined Heat and Power procurement " process, A copy of a resolution passed by Oshawa City Council January 31, 2011, is also attached. Although the site of the project is outside the borders of my Riding, 1 support this i undertaking because I agree that It would bring economic benefits to the Province of ' Ontario, the City of Oshawa/Durham. Region and the GM Oshawa car assembly plant. As you will note from Mayor Henry's letter, this facility would provide a 100 -200 MW Iispatchable power supply on circuits that are already available. It would complement the area's baseload nuclear power and also complement renewable energy projects being built in eastern Ontario. Minister, could you please advise what steps can be taken to ensure this project is a priority and will proceed promptly? Thank you for your consideration. I look forward to your reply. Your%Auly, John O'Toole, MPP Durh Encl. c. Mayor John Henry — City of Oshawa John Yakabuski, MPP — Opposition Energy Critic THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COUNCIL RESOLUTION # C- -11 DATE: MOVED BY: SECONDED BY: WHEREAS the Oak Ridges Moraine Foundation (ORMF) is a non - regulatory governing body meant to complement the goals of the Oak Ridges Moraine Conservation Plan and has undertaken stewardship, education, research, land securement and trail projects on behalf of the province and the municipalities of the Greater Toronto Area; WHEREAS the ORMF has provided in excess of $14 million in grants and leveraged, in collaboration with Moraine partners, an additional $35.8 in funding for 177 projects; WHEREAS the ORMF has provided grants of $ 1.3 million towards the acquisition of 12 properties in Clarington around Enniskillen, the Long Sault Conservation Area and the Ganaraska Forest; WHEREAS the ORMF provided grants for 34 stewardship projects in Clarington; WHEREAS the ORMF has made an application to the Province of Ontario for $11 million in funding for policy and monitoring ($4 million), land restoration ($3 million), land securement ($2 million), and outreach and education($2 million) until the review of the Oak Ridges Moraine Conservation Plan in 2015. WHEREAS the ORMF has been a valuable component of implementing the Oak Ridges Moraine Conservation Plan and it provides an independent look at the actions of the Province and the municipalities across the Moraine and undertakes strategic actions to implement the Oak Ridges Moraine Conservation Plan; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington fully supports the application of the Oak Ridges Moraine Foundation to the Province of Ontario -for $11 million of funding for policy and monitoring, land restoration, land securement, and education and outreach; And that a copy of this resolution be forwarded to the Regional Municipality of Durham, Municipalities in Durham Region and MPP John O'Toole. IncineRESP EmTORY IRRHi N TConcern (NO2, PM2.5, ammonia, carbon monoxide, S021 ...) have acute and chronic effects HEAVY METALS (mercury, cadmium, lead, nickel, arsenic, ...) DIOXINS /FURANS &OTHER CARCINOGENS accumulate and persist in our bodies & environment GREENHOUSE GASES UNKNOWN POLLUTANTS OF UNKNOWN TOXICITY Our Air is Already Burdened With Respiratory Irritants .Particulate Matter PM2.5 .Nitrogen Oxides (Nox) .Ozone Health Effects of PM2.5 Cardiac . Heart attacks .Rhythm disturbances .Congestive Heart Failure Respiratory .Asthma .Chronic Lung Disease PM2.5 98th percentile, daily average values Current Levels at Courtice :28.6 pg/M3 Canada Wide Standard Criteria: 30 pg/m3 From Table A2 -5, Appendix A, Air Quality Assessment Technical Study Report Arrman - 00027 0 00 27 0 0?? 0 G2' Carton Moromae (CO ` - - - - - - - - - - H- jdra n :-.-hI ode r HCl � - 0 0 7v 0 023 NIts en Ciamde'NO2' 01-19 003c 0 049 034 Pa 'tic ulate Mater - PN11, J4 - 0 011 0 011 0 11 0 11 - 0 011 0 011 011 11il PaIMCUI& M rer - PMT s" 4. 0.018 0 70 015 006 082 0,0 1 084 021 110 PaIickjI '� Mir - ot.3 029 0 00� 0 3a 0 w 034 Su1�ur DiaK de S 0 070 0 0084 0 077 0 10 0 17 015 0 014 017 0 2, 038 Comments from Health Canada EA Reviewer On PM2.5 "Given that airborne levels of PM2.5 are already elevated in the vicinity of the project and that this contaminant is considered to be anon- threshold contaminant (i.e. adverse health effects may be observed at any level of exposure),(CCME, 2000) HC suggests that the AQTSR discuss best available technologies and procedures that may be applied to mitigate PM2.5 emissions from the proposed facility." Technical Reviewers Comment Summary Tracking Table, December 4, 2009 Project Team Response "...no additional mitigation measures are recommended or required." Technical Reviewers Comment Summary Tracking Table, December 4, 2009 Health Effects of NO2 Who is Vulnerable? Children, Older Adults, Asthmatics, Diabetics Premature Mortality Heart disease Lung Disease Nitrogen Dioxide (NO2) 60 dU .: 40 41 M 20 wgtes: Coi ti <v Statiogt - 200S -mwit olvm"n roii(xntrafim ivkNj,mr&d ht�:oUrt.c RO d ititin11it4rir►g ;tati�i1 ern i u al �r An iar oti icr 4i�taria cities 2407 awmal iow-w is talk - n fr otu Air Qualit•r in QemI m is 240 ' R -port. O ij ta+ io IM In istri of the Enylronawn r Figure 1 -1 Comparison of NO2 level s in Southwestern Ontario (Figure A -2 -4 of Append ix A, Air Quality Assessment Technical Study Report July 31st, 2009) Health Canada Reviewer - Continued "Given that NO2 plays a role in the atmospheric reactions that produce ground -level ozone, which is known to be associated with respiratory and cardiovascular health effects, and that NO2 by itself is linked with respiratory health effects (EPA, 1995), HC advises that the AQTSR discuss mitigation measures that may be applied to minimize project - related emissions." Technical Reviewers Comment Summary Table, December 4, 2009 Health Canada Reviewer Comments on NO2 "Tables ... of the Site Specific Human Health and Ecological Risk Assessment — Technical Study Report (HHERATSR) identify considerable increases in NO2 levels as a result of the project.... Further, the predicted project - related NO2 levels at receptors for both project scenarios (140,000 tpy and 400,000 tpy) are predicted to increase approximately two times over baseline." Project Team Response "... additional mitigation measures are not recommended or required." Ozone .Ozone in Courtice is already in exceedance of ambient air quality criteria • (Section 3.2.4.4, Air Quality Assessment, Dec.4,2009) .Ozone was not assessed as a chemical of potential concern in the risk assessment (Section4.3, Human Health and Ecological Risk Assessment, Dec. 10, 2009) Criteria Air Contaminants Facility Emissions Sulphur Dioxide(S02) Nitrogen Oxides Carbon Monoxide Total Particulate Volatile Organic Compounds (140,000 tpy facility) 44 tonnes per year 151 tonnes per year 56 tonnes per year 11 tonnes per year 61.2 tonnes per year Values from TABLE 4 -5, Air Quality Assessment Technical Study Report, December 4, 2009, Durham/York Waste EA Air Quality Issues (High Ozone,NO2 and PM2.5) Were NOT Emphasized or Highlighted by the Regions' Consultants to the Public nor to the Council at Meetings Remarkably, Dr. Kyle's Report, 2009 -COW- 01, June 16, 2009, did not discuss present air quality measured at the site or discuss air quality concerns Inadequate Monitoring The Truth about Continuous Monitoring .Continuous monitoring will be done for only a handful of the hundreds of pollutants emitted (NOx, S .Many of the most toxic pollutants (PM2.5 ?,heavy metals, organic toxins, etc.) will only be monitored once a year( ?) during a pre - arranged stack test .Variable wastestream = variable emissions But Risk Assessment cannot assess for some of the MAJOR concerns 1. chemical mixtures 2. synergistic effects (chemicals reacting) 3. toxic ultrafine particulates (nanoparticles) 4. hundreds of unnamed pollutants of unknown toxicity 5. pollutants known to be emitted by incinerators, but companies do not track them Clarington Reviewer Comments Clarington Report PSD- 071 -09, July 6, 2009, Attachment 14 "Air guidelines may not be based on health effects and thus concentration ratios obtained using these values would not be considered valid." (Comment 50) "The values for particulate matter PM10 and PM2.5 do not reflect the current science on particulate matter. The National Ambient Air Quality Objective for Particulate Matter has reference values for health based values of 15µg /m3 for 24 -h PM2.5 and 25 µg /m3 for PM10." (Comment 53) Concerns With How Consultants Assessed Risk for Key Pollutants . Exposure estimates are compared against TOXICITY REFERENCE VALUES . It is critical that the TRVs selected are appropriate and up to date with current science . For NO2 and PM2.5 the consultants used air standards instead of appropriate TRVs Using the Consultants Choice of Reference Values: NO Inhalation Risks Identified For 140,000 tpy Incinerator Consultants' Choices for TRVs For PM2.5 Consultants used the CWS = 30 µg /m3 The Regions' consultant Dr. 011son stated at the Special Council Meeting that this is NOT a health based standard Risk Methodology • Since PM2.5 is anon- threshold pollutant, it should not have been evaluated as it was; • It is not a pollutant which can be evaluated such that it can accumulate to some level before it becomes toxic; • As exposure increases, risk increases Using World Health Organization Benchmark Values: Potential Risk to Human Health Identified for PM2.5 and NO2 in Baseline Traffic and 140,000 tpy Cases Table 7 -11 pg 173,Table 7 -21 pg 205, Table 7 -22 pg 207- 208,Table 7 -53 pg 267 Human Health and Ecological Risk Assessment Technical Study Report, Dec 10, 2009 Annual Emissions Comparison from the Generic Hunan Health and Ecological Risk Assessment ("HERA) facility model Algonquin Incinerator (Brampton) vs Proposed Durham Incinerator Contaminants of Potential Concern Units 1 Algonquin Incinerator (Brampton) 133,000 TPY 2 Durham Incinerator (Courtice) 140000 T" Particulate Matter PM 2.5 tonnes/year 9 11 Carbon Monoxide tonnes /year 12 55 Nitrogen Oxides tonraes/year 110 1151 Sulphur Oxides tonnes/year 30 44 Cadmium* kg/year 7.5 8.7 Mercury* kg/year 11 18.7 Dioxins & Furans * ** grams /year 0.043 C.D75 I Algonquin Incinerator (Brampton): Memo from Chris 011son /David Payne (Jacques Whitford) to Dr. Robert Kyle, Durham Region Medical Officer of Health, dated Nov. 4, 2008 2 Durham Incinerator (Courtice): Table 4 -5, Air Quality Assessment Technical Study Report July 31, 2009 Notes: 1. Data for all the contaminants except the VOCs were obtained from annual stack testing of the Algonquin Power EFW plant in Ontario. Data presented here is the maximum annual rates of 2003 -2005. VOC emission rates were obtained from specialized stack testing of the same facRity cn Decemberd992 and March 1993. ' MOE Guideline A -7 emission concentration limit " Assumes that particulate matter above PM2.5 will be captured by the air pollution control equipment and the Guideline A -7 emission concentration limit is comprised of PM2.S only "' Maximum concentration measured at similar EFWlfacHity also considered in risk assessment Shouldn't state -of -the -art mean reduced emissions ? ?? Brampton Emission Rate of Nitrogen Oxides = 3.5 grams /second (operating year -round at A -7 Limit) 011son) (Table 1, Memo to Dr. Kyle from Dr. Covanta Emission Rate of Nitrogen Oxides = 5 grams /second (Table 4 -1, Air Quality Assessment Technical Study Report, December 2009, Durham/York Residual Waste EA); Note: Emission rate of 18.0 kg /h is reported for Nitrogen Oxides in that table and that converts to 5 grams /second) DURHAM YORK ENERGY CENTRE EMISSION SUMMARY AND DISPERSION MODELLING REPORT Table I: Emission Sunmary Table - Maximum Emissions under Scenario A (Two Units Operating at 110% MCR)I Contaminant GAS No. Maximum Facility Emission Rate [g,s] Air Dispersion Model Used Background Concentratioe Iue/FF+') Averaging Period [hours) MOE POI Limit WWI Limiting Effect Regulation Schedule No. Maximum POI Concentration WWI Carton Monoxide 630-08 -0 1.92E+00 Calpuff L26E+03 Sf 6000 Health Schedule 3 1.33E+01 Sulphur Dioxide 7446 -09 -5 1.49E+00 Calpuff 1.93E +01 24 275 Health & Vegetation Schedule 1.46E+00 Sulphur Dioxide 7446 -09 -S 1.49E+00 Calpuff 1.95E+01 1 690 Health & Vegetation Sd-nedule 3 8.62E+00 Total Particulate Matter N/A 9.55E -01 Calpuff 3.54E+01 24 120 Visibility Sdhedule 3 1.05E+00 PM10 N/A 9.SSE -01 Calpuff - 24 50 - O"tmoAAQC 1.05E+00 PM25 N/A 8.95E -01 Calpuff 2.04E+01 24 30 - Ontaric -AAQC 9.87E -01 Lead 7439 -92 -1 2.13E -03 Calpuff 4.98E -03 24 0.S Health Schedule 3 2.09E -03 Lead 7439 -92 -1 2.13E -03 Calpuff 1.92E -03 30-day 0.2 Health Sdwdule 3 2.52E -04 Cadmium 744043 -9 2.89E -04 Calpuff 6.04E -04 24 0.25 Upper Risk Threshold Schedule 2.84E-04 Cadmium 744043-9 2.89E -04 Calpuff 1.76E -03 14 0.7S Upper Risk Threshold mule 6 2.01E -03 Mercury 7439 -97-6 6.39E -04 Calpuff - 24 2 Health Schedule 3 6.26E -04 Fluorides 766439 -3 3.84E -02 Calpuff - 24 0.86 Vegetation Schedule 3 3.76E -02 Fluorides 766439 -3 3.84E -02 Calpuff - 30-day 0.34 Vegetation Sdhedule3 4.53E -03 PCDD N/A 2.49E -09 Calpuff 2.37E -08 24 5.00E 06 - Guideline 2.44E-09 Hydrogen Chloride 7647 -01-0 3.84E -01 Calpuff - 24 20 Health Schedule 3 3.76E -01 Ammonia 766441 -7 4.22E -01 Calpuff - 24 100 Health Schedule 3 4.13E -01 Nitrogen Oxides 10102 44-0 5.14E+00 Calpuff 5.82E+01 24 200 Health Schedule 3 5.04E+00 Nitrogen Oxides 1010244 0 5.14E+00 Calpuff 6.46E+01 1 400 Health Schedule 3 2.97E+01 Polychlorinated Bdphenyls I;PCBj N/A 3.08E -06 Calpuff 4.20E -06 24 0.15 Health Pnrrrt -of- Impingement 3.02E -06 Aluminum 7429 -90-5 1.69E -03 Calpuff 2.LOE -01 24 4.8 - JSi 1.66E -03 Antimony 7440 -36-0 1.17E -04 Calpuff 3.02E -03 24 25 Health Schedule 3 1.14E -04 Arsenic 7440 -38 -2 1.79E -05 Calpuff 1.81E -03 24 0.3 Health Guideline 1.75E -05 Arsenic 7440 -38-2 1.79E -05 Calpuff 5.29E -03 S4 1 Health Guideline 1.24E-04 Exhibit 2: Durham York Energy Centre Emission Scenarios Emission Unit 1 Unit 2 Silo Standby Diesel Comments Scenario Generator Maximum Emissions at A 110% MCR 110% MCR Filling Off -line Reference Point 2' on Firing Diagram - Exhibit 3 B Off -line 110% MCR Not Off -line Single Unit at Reference Point Filling 2' on Firing Diagram -Exhibit 3 C Phase 2 — Start-up Phase 2 — Start- Not Off -line 60% MSW /40% NG up Filling Extreme Case Phase 2 — Start-up Off -line Not Off -line 60% MSW /40% NG Filling Most Likely Start-up condition E Phase 1 — Start-up Phase 1 — Start- Not Off -line Natural Gas Firing only up Filling Extreme Case F Phase 1 —Start-up Off -line Not Off -line Natural Gas Firing only Filling Most likely Case G ID Fans on ID Fans on N/A Off -line Used for Odour modeling only Maximum Emissions at H 110% MCR 110% MCR Filling Testing Reference Point 2' on Firing Diagram -Exhibit 3 Extreme Case Emissions Rate for pM2.5 in the EA (Normal Operation, 10 MCR) = 0.361 g/s (Table 4 -1, Maximum Facility CAC Emissions during Normal Operation (Scenarios 1 and 2), A TS Emissions Rate for PM2.5 in the CofA Application (Normal Operation, 11 MCR) = 0.895 g/s (Table 1: Emissions Summary Table — Maximum Emissions under Scenario 4Two Units Operating at 110° MCR, ESUM, C of A application, March 2011) The above PM2.S emissions reported in the C of A application are about 2.S times greater than what was used in the EA risk assessment for PM2.S emissions. Annual Emissions OfPM2.5 Using those rates on previous slide and converting to annual emissions in tonnes, P in EA total I I tonnes /yr P in CofA appn total 28 tonnes /yr Verbal Explanation From Golder Consultant The emission rate used in the EA was provided by Covanta and was for Filterable PM 2.5 The emission rate used in the C of A application was for all PM2.5 emissions which include Filterable PM 2.5 , Condensable PM 2.5 , and Non - condensable PM 2.5 Question Why didn't the EA Risk Assessment evaluate risk for all of the PM2.5 emissions',? This emission rate was calculated using a stack concentration for PM2.5 provided by Covanta of 21 nWRm-3 (Source Emissions Table, page 4, Appendix C, ES M . The operational requirement in Schedule 1 of the EA Conditions of Approval, for PM, is 9 nWRm3. Ernissimm Limits Discussion Bated are discussions Wth the MOE to date, dke EA conditions sari lire will be utillized as operabng requirements, not regulate enforcement limits. It is anticipated dkaEt d"ke enforcement fines will align mO the guarantees prided by Covanta in the project agreernent. Thy are three emission limits which are currently not in lire with the EA conditions and will be con red operating tare during tip CofA discussions. Peer Review Needed The review of the C of A application must include evaluation o£ • Consistency of Approved EA with C of A appn particularly with respect to emissions, definition of operating scenarios • the evaluation of risk for PM2.5 (as a non- threshold pollutant) and for NO2 and other respiratory irritants ; • The Health Canada review comments Former Claringurton Peer Review Comments • These comments need to be adopted by this Council — taxpayers paid for them and there was no challenge to them; Central East LHIN Overview to Municipality of Clarington Council March 28, 2011 Foster Loucks, Chair "The purpose of this Act is to provide for an integrated health system to improve the health of Ontarians through better access to high quality health services, coordinated health care in local health systems and across the province and effective and efficient management of the health system at the local level by local health integration networks." 2006, c. 4, s. 1. t) "*Ontario Local Health Integration 2 Network Local Health Integration Networks Engaged Communities. Ontario LH I Ns 1. Erie St. Clair 2. South West 3. Waterloo Wellington 4. Hamilton Niagara Haldimand Brant 5. Central West 6. Mississauga Halton 7. Toronto Central 8. Central a ['.pntral Fact --.MM 10. South East 11. Champlain 12. North Simcoe Muskoka 13. North East 14. North West 4 err? Ontario tows Health integration Network Overview of the Current Central East Local Health Care System One of the fastest growing geographic regions and home to over 11% of Ontario's population A mix of urban and rural geography boasting a rich diversity of community values, ethnicity, language and socio- demographic characteristics • 10 hospitals operating on 16 sites • 70 Long -Term Care Homes • 1 Community Care Access Centre • 41 Community Support Services • 3 Acquired Brain Injury Services • 17 Assisted Living Services in Supportive Housing • 7 Community Health Centres • 17 Community Mental Health Programs • 4 Addictions Programs Legend --------------- - North East Cluster Durham Cluster ■ Scarborough Cluster HaWirton Minden Rene 1) Sarbmough Agincourt-Rouge (Zone 8) Scarborough Cliffs - Scarborough Centre (Zone 9) Engaged Communities. Funding Allocations by Sector 2010 -11 (as of June 30, 2010) $28,747,64Z $ $13,258,387 ■ Hospitals ■ Community Care Access Centre Supportive Housing ■ Long Term Care Homes ■ Acquired Brain Injury (ABI) Community Support Services Community Mental Health Addictions Programs Community Health Centres Initiatives (various sectors) Total Allocation: $ 1,927,151,836 For a breakdown of funding by provider and a link to the accountability agreements, please visit the Central East LHIN website: http: / /centraleastlhin on.ca/ Page .aspx ?id =92 &ekmensel= e2f22c9a 72 206 92 4 Engaged Communities. The LHIN Mandate and Functions Accou & Performan( Mdnitorir 0 �co �i9,R N CO Engaged Communities Patient Centred Integration & Service Coordination & Allocation C)O NO 00 �i Health M ning Central East LHIN Mandate: Community Engagement • Foundation of all activity at the Central East LHIN • Being more responsive to local needs and opportunities requires on -going dialogue • Improving access to quality care by working together with all health service providers • Since Spring 2006 the Central East LHIN has engaged over 25,000 health service providers, patients, families, caregivers and other important stakeholders at nearly 2,000 events Engaged Communities. Central East LHIN Mandate: Accountability • Accountability Agreements with all 170 Health Service Providers (HSPs) linked to our own Ministry LHIN Performance Agreement (MLPA) • Performance Indicators embedded in each agreement • For the first time in the Province of Ontario all health service providers are being held accountable for the taxpayer dollars they are given Engaged Communities. Central East LHIN Mandate: Funding (Durham Region) • Balanced Budgets Central East LHIN negotiated the first Hospital Service Accountability Agreements (Lakeridge Health) in 2007/08. Financial position since: 08/09 $11.1.OM DEFICIT 09/10 $2.OM DEFICIT 10/11 Balanced • New MRI for Lakeridge Health Oshawa and Rouge Valley Ajax/Pickering • Regional Diabetes Coordination Centre open in Ajax • Rouge Valley Ajax/Pickering renovations complete Feb 2011 • Lakeridge Health Whitby to reopen March 2011 • Implementation of Home First at Lakeridge Health Fall 2010 Engaged Communities. Central East LHIN Mandate: Planning 2 "d Integrated Health Service Plan (2010 — 2013) • Clinical Services Plan • Cardiac Services • Maternal -Child -Youth Services • Mental Health and Addiction Services • Thoracic Surgery • Vascular Surgery *Sustainable Access to Community Health Care Project • Sustainable Access (Planning for post -acute care) • Regional Specialized Geriatric Program Development • Psychogeriatric Services Coordination Engaged Communities. Central East LHIN Mandate: Integration The Central East LHIN has a responsibility to lead integration to: • Ensure sustainability of the system • Improve delivery of health care services • Remove silos between health care organizations • Improve patient care and flow through the system • Ensure all health care providers are cost - effective Integration successes in your community: -Collaboration between Ontario Shores, Durham Mental Health, Ministry of Health and Central East LHIN to improve service delivery to clients of Beacon House -Central East Regional Thoracic Program launched at Lakeridge Health Oshawa -Durham Mental Health Services, Durham Regional Police and Ontario Shores Community Crisis Team -Horne First collaboration between Lakeridge Health, CCAC and Community The 2010-2013 Strategy Map Strategic Directions Transformational Leadership Quality and Safety Service and System Integration Fiscal Responsibility Rim Strategic Aim 1. Save 1 Million Hours of Time spent in the Emergency Departments 1� 2. T- 4 I. Reduce Impact of Vascular Disease f . 1 Enablers eHealth Primary Health Care Population Health - Focus on Population Health - Equitable Patient Experience Integrated Accessible Person Centred Effective Safe Cost Control Efficient Appropriately Resourced H^ Ntwfstt�tw l /H (. o�.,c cowKha Tools Community Engagement Integration System Planning Funding & Accountability CE LNIN Ysion Engaged Communities. Healthy Communities. Approaches Triple Aim & Quality Improvement Performance Management Project Management Engaged Communities. Strategic Aim: Save 1M Hours of Time P To improve Emergency Department Wait times and Alternate Level of Care days, the Central East LHIN will: Engaged Communities. Strategic Aim: Reduce Impact of Vascular Disease by 10% To improve access to integrated diabetes care leverage significant investment in chronic disease prevention, early detection, self- management and access to effective treatments such as stroke care Engaged Communities. What's the Difference - LHIN Benefit • MOHLTC strategically implemented locally (not one size fits all) • Knowledgeable about local community needs • Accountability — Fiscal Responsibility (value for money) — Performance System Tracked, monitored and reported — Quality (Excellent Care for All Act (ECFA) • Integration and Coordination of Services • Consistant Approach, where applicable • Sharing of Best Practices • Community Engagement, Both Pan -LHIN and Locally • Coordinated Planning, Both Pan -LHIN and Locally Engaged Communities. Thank You For more information: www.centraleastlhin.on.ca karen.obrien(a-D-lhins.on.ca