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HomeMy WebLinkAbout04/11/2011cla 0 Fin on Leading the Way 9t DATE: MONDAY, APRIL 11, 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 28, 2011 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Kurt Gelder - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands (Item 5 of Report #1) b) Ted Meszaros, Clarington Citizens for Clean Water and Soil — Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) C) Beth Meszaros, Clarington Citizens for Clean Water and Soil - Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) d) Sherry Ibbotson, Clarington Citizens for Clean Water and Soil - Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) e) Libby Racansky - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands (Item 5 of Report #1) COMMUNICATIONS Receive for Information 1- 1 Minutes of the St. Marys Cement Community Relations Committee dated November 23, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - April 11, 2011 1 - 2 Minutes of the Clarington Heritage Committee dated March 15, 2011 1 - 3 Minutes of the Clarington Museums and Archives Board dated February 16, 2011 1 - 4 Bruce McCuaig, President and Chief Executive Officer, Metrolinx = Integration of Presto Farecard System 1 - 5 Linda Gasser — Durham EFW Advisory Committee — Date and Time of Next Meeting and Certificate of Approval Consultation 1 - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham - Durham/York Energy -From -Waste Project 1 - 7 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock — Request for Reimbursement of Roadside Clean -ups 1 - 8 Gail Rickard, Library Board Chair, Clarington Public Library — Letter of Appreciation for 2011 Capital and Operating Budget Requests 1 - 9 John R. O'Toole, MPP Durham — Placement of Commercial Fill 1 - 10 Joyce Kufta, Village Concerts — Letter of Appreciation for 2011 Municipal Grant Receive for Direction D - 1 Derrick McKay, Race Director, Courtice Kids Multisport Series - 5th Annual " Courtice Kids of Steel Triathlon" D - 2 Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration - Lincoln M. Alexander Award 2011 D - 3 Mia Ponsen, Secretary and David Moorhouse, Treasurer, Pride Durham Inc. — Request for Proclamation of "Pride Week" D-4 Dianne Fernlund, Crossing Guard Coordinator, Municipality of Clarington — Request for Proclamation of "School Crossing Guard Appreciation Day" D - 5 Kathy McLaughlin, Secretary, Bowmanville Santa Claus Parade - 50th Annual Community of Bowmanville Santa Claus Parade D - 6 Jackelyn Forsey — Request for Proclamation of "Chronic Fatigue Syndrome /Myalgic Encephalomyelitis, Fibromyalgia and Multiple Chemical Sensitivities National Awareness Day" D - 7 Debbie Shields, City Clerk, City of Pickering - Ajax Pickering Hospital Council Agenda - 3 - April 11, 2011 D - 8 Kathy Kielt, Acting Deputy Clerk and Supervisor of Council and Committee Services, Regional Municipality of Halton - Harmonized Sales Tax (HST) Revenue and New Funding Mechanism for Transportation Infrastructure D - 9 Ted and Beth Meszaros and Sherry Ibbotson, Citizens for Clean Water and Soil - Commercial Fill Dumping on Morgan's Road D - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Highway 407 East Extension — Regional Comments on Simcoe Street Construction Announcement by Infrastructure Ontario COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of April 4, 2011 STAFF REPORT(S) UNFINISHED BUSINESS BY -LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT /� rt ILLJJl it Leading t1�e Way Council Meeting Minutes MARCH 28, 2011 Minutes of a regular meeting of Council held on March 28, 2011 at 7:00 p.m., in the Council Chambers. Councillor Woo 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 Acting Chief Administrative Officer and Director of Corporate Present: Services and Human Resources, M. Marano Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana, attended until 10:32 p.m. Manager of Communication and Marketing, J. Cooke, attended until 7:25 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath, attended until 10:29 p.m. Director of Finance/Treasurer, N. Taylor, attended until 10:29 p.m. Director of Emergency Services /Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item #9 of Report #1 and By -law 2011 -034. Later in the meeting, Councillor Neal declared a pecuniary interest with respect to Item #12 of Report #1. ANNOUNCEMENTS Councillor Hooper announced the following: • There were two educational seminars on the Energy- From -Waste Facility held last week, one session hosted by residents and the other hosted by the Region Council Meeting Minutes - 2 - March 28, 2011 of Durham who provided a thorough presentation on the project. Councillor Hooper expressed appreciation to the organizers and to Regional Council representatives who spent ten hours at the session on Friday which provided lots of information for new Members of Council. He attended the Annual General Meeting of the Clarington Older Adult Association. The Association now has a membership of 1480. Councillor Hooper extended congratulations to the new Board members — Don Welch, Steve Coles, Murial Moynes, Irene Gourley, Josie Roberts, Malcolm McComb, Linda Duffie, Fred Tippins, Peggy Milliken and Norma Evans. He extended congratulations to the Clarington Atom AAA hockey team, winners of the Ontario Minor Hockey Association championship who will be hosting the Ontario Hockey Federation championship tournament next month. Two other Clarington teams, the Peewee AAA and Novice AAA also made it to the semi- finals. Councillor Novak announced the following' • She attended the Joint Review Panel (JRP) Hearing for OPG's Darlington New Nuclear Power Plant project and thanked Mayor Foster and senior staff for Clarington's presentation. • She attended the Durham Strategic Energy Alliance Meeting, spoke at the Rotary Club of Bowmanville's meeting on March 22nd and represented the Municipality at the Durham Home Builders' Association Dinner, also on March 22, 2011. Councillor Woo announced the following: The Newcastle Historical Society is holding its first fundraiser for the Victorian Garden project on April 17, 2011. The tribute band "Hotel California" will be playing at the Newcastle Town Hall. There will be an announcement regarding the project at the event. - "Pitch -In Week" will be held April 18 to 24, 2011. Councillor Woo encouraged all residents of Clarington to get involved in cleaning up the environment. Free garbage bags will be provided and interested individuals /groups were requested to contact the Operations Department for locations. Mayor Foster announced the following: An open house regarding communication towers will be held on April 17, 2011, at the 'Newcastle Town Hall. between 6:30 p.m. and 7:30 p.m. He expressed appreciation to staff for the presentation to the .CNSE Panel in putting forth the Municipality's concerns and comments. He issued an apology to Libby Racansky as he had mistakenly warned her for speaking out during Council's proceedings at the March 7th meeting. Council Meeting Minutes - 3 - March 28, 2011 Resolution #C- 146 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held March 7, 2011, be approved. "CARRIED" Resolution #C- 147 -11 Moved by Councillor Partner, seconded by Councillor Novak THAT the minutes of a special meeting of Council held March 10, 2011, be approved with an addition to Page 3 to reflect the request for statistical information on calls answered and an explanation of the "insufficient manpower button" not working as part of the direction to the Director of Emergency Services /Fire Chief. "CARRIED" PRESENTATIONS Foster Loucks, Chair, Central East Local Health Integration Network, addressed Council to present an overview of the current Central East Local Health Care System. Mr. Loucks stated there are 14 Local Health Integration Networks (LHINs) in Ontario with the Central East LHIN being the sixth largest by geography, extending from Scarborough to Haliburton and the 2nd largest by population, serving 1.6 million residents. The Central East LHIN is a mix of urban and rural geography with a rich diversity of community values, ethnicity, language and socio- demographic characteristics. Through use of a PowerPoint presentation, Mr. Loucks reviewed the purpose of the Local Health System Integration Act, which establishes the framework for the operation. He noted that the 14 LHINs are responsible for managing $20 billion of provincial funding for health care expenditures and they have jurisdiction over public and private hospitals, long -term care homes, community care access centres, community mental health and addiction, community health centres, and community support and service agencies. Mr. Loucks indicated the Central East LHIN's main office is located in Ajax and that they oversee 10 hospitals on 16 sites, 70 long -term care facilities, one community care access centre, and a large number of community support systems. Mr. Loucks reviewed funding allocations by sector, indicating that of the $20 billion, the Central East LHIN has a total allocation of nearly $2 billion, with the largest portion allocated to funding of hospitals, followed by long -term care and then community care access centre. He noted the mandate and functions of the LHIN starts with community engagement, moves forward having consulted with the community to local system planning, then to funding and allocation and then to accountability and performance of all the health services providers. This is achieved by developing an Integrated Health Service Plan, a strategic plan that the LHIN feels is in order to achieve their goals through a system of accountability agreements. Council Meeting Minutes - 4 - March 28, 2011 Mr. Loucks stated community engagement is the foundation of all activity at the Central East LHIN and is about talking to people and establishing the opportunity for change. The LHIN is attempting to get different health services providers to pull together to achieve a more integrated system. He highlighted accomplishments since 2006. Mr. Loucks summarized by stating that in the time that the Central East LHIN has been in existence they believe that they have had an effect on the Health Care System and that over time they are seeing the different providers working more cooperatively and collaboratively. He indicated that the Central East LHIN has had a great deal of cooperation from providers and municipal levels of government and that appearing before Council tonight is part of their effort to convey to Council what the LHIN is about and to provide a quick snapshot of what the LHIN does. Mr. Loucks encouraged Members of Council to attend the Central East LHIN's 5th Annual Symposium - "Reaching the Quality Summit ", to be held May 31, 2011, at the Ajax Convention Centre. Resolution #C- 148 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Foster Loucks, Chair, Central East Local Health Integration Network, be thanked for his presentation. "CARRIED" Mayor Foster presented a Certificate of Recognition to Sandra McBride and Dr. Wendy Korver, of the Bowmanville Veterinary Clinic in recognition of the Clinic being voted Canada's "Clinic of the Year" by "Tech News" a Canada -wide journal published by the Ontario Association of Veterinary Technicians. The competition judges on the basis of exemplary patient care, progressive medicine, excellent client communication, as well as contributions to the community. Mayor Foster stated the Bowmanville Veterinary Clinic is a keen ambassador of the human /animal bond and thanked the Clinic for the programs they have conducted including the Junior Vet Program and their participation in community events. DELEGATIONS Pam Callus addressed Council concerning Item 10 of Report #1 - Hard Copies of Certificate of Approval Documents for the Energy- From -Waste Facility. Ms. Callus requested a hard copy of the Certificate of Approval documents for her own perusal but noted that she would be willing to share the documents with others. Ms. Callus stated the documents are large and are not without expense to replicate. She is concerned with the details of the document and feels that making copies available at the Library only is unworkable. She acknowledged that she has been provided with a CD but noted the difficulty in going through the documents on screen with having to flip back and forth to access information. Ms. Callus also stated that she shares a Council Meeting Minutes - 5 - March 28, 2011 laptop with her husband and when she is using the laptop, it is not available to him. Ms. Callus reminded Mayor Foster that on March 5th, he had commended community activists regarding their efforts concerning Energy- From -Waste and she encouraged Council to reconsider their decision not to provide a hard copy of the documents. Providing copies would allow them to continue their work. Sherry Ibbotson addressed Council concerning Staff Report #2 - Morgan's Road, speaking on behalf of the Clarington Citizens for Clean Water and Soil with respect to the dumping of fill at 4148 Highway 2. Ms. Ibbotson stated she resides on Morgan's Road just beyond the exit gate of the fill site. Ms. Ibbotson distributed a map of the area to Members of Council. She indicated Permit #1089 was issued by the Ganaraska Regional Conservation Authority and was reviewed by the Authority but Ms. Ibbotson stated they acknowledged that no testing of soil was conducted on the site previous to the dumping of fill. Ms. Ibbotson stated the group would like to be made aware of the Authority's protocols, what conditions were considered, and if the Authority or the Ministry of the Environment are regularly conducting soil tests, taking water samples for PCV's phenols, known pathogens and carcinogenics. She feels that urgent appeals need to be made to the Ministry and the Conservation Authority to address the unacceptable threat to the health of Clarington residents, future generations and also the wildlife habitat. The group also feels that the Ministry needs to enforce monitoring to restrict contamination. They would also like to ask who is the Independent Qualified Person required to monitor dumping activities and conduct environmental site assessment, they would like the Ministry to conduct testing of nearby drinking water wells and are requesting that the Municipality contact the Township of Scugog to determine what was relevant and effective in achieving the temporary injunction they acquired for the dumping site in that municipality. She also stated that municipalities need to enact by -laws and zoning regulations that will effectively prohibit these kinds of operations and is requesting information as to whether a Record of Site Condition was completed or why there was no public consultation regarding the application. They are requesting ongoing dialogue between the municipality and Clarington residents. Ms. Ibbotson submitted a petition in opposition to untested soil being dumped in an Agricultural /Green Belt reserved area. Resolution #C- 149 -11 Moved by Councillor Partner, seconded by Councillor Woo THAT the owner of the property at 4148 Highway 2 (1744856 Ontario Inc.) be requested to give Clarington and GRCA permission to take: (a) Shallow groundwater samples down gradient of the fill material and wetlands to establish background water quality concentrations for use in evaluating future groundwater impacts; (b) Random soil samples at times /locations of their choosing, with reasonable notice to the owner so that its consultant can be present; Council Meeting Minutes - 6 - March 28, 2011 THAT the owner of the property (1744856 Ontario Inc.) be requested to keep and make available for inspection upon request by Clarington a log of every truck that dumps materials onto the property which identifies the source of the materials deposited on the property; and THAT the owner be required to enter into an agreement with Clarington to address issues with respect to the damage caused to Morgans Road by the trucks leaving the property." "CARRIED" Wendy Bracken addressed Council concerning Item 8 of Report #1 - Review of Region of Durham's Application for Certificate of Approval for Energy- From -Waste Facility. Through use of a PowerPoint presentation, Ms. Bracken expressed concern with the emissions from the incinerator. She indicated that NO2, PM2.5, ammonia, carbon monoxide and SO2, have acute and chronic effects, that heavy metals such as mercury, cadmium, lead, nickel, arsenic, as well as dioxins /furans and other carcinogens accumulate and persist in humans and the environment and that 138,000 tonnes of greenhouse gases will be emitted. Ms. Bracken stated the area is already burdened with respiratory irritants and that PM2.5 is a harmful pollutant of less than one millionth of a metre, able to penetrate into the lungs and bloodstream and travel through the body causing cardiac and respiratory illness. She noted that the levels of PM2.5 in Courtice are marginally below the 30pg /m3 Canada Wide Standard. She indicated that 30pg /m3 is not a health -based standard and that our PM2.5 levels are too high and that they have set 30 as their goal. Ms. Bracken highlighted concerns with how the consultants assessed risk for key pollutants. Ms. Bracken stated since PM2.5 is a non - threshold pollutant, it should not have been evaluated as it was. It is not a pollutant which can be elevated such that it can accumulate to some level before it becomes toxic, that if the concentration level is one or greater the toxicity level has been reached. She expressed concern that despite Health Canada being very critical of the PM2.5 levels, the Project Team did not recommend or feel that additional mitigation measures were required. Ms. Bracken indicated that nitrogen dioxide levels are higher in Clarington than in Hamilton because of St. Marys Cement and that the risk was identified for it in the baseline cases without adding incineration. Ms. Bracken urged Council to conduct a peer review of the Certificate of Approval application to include an evaluation of the consistency of the approved Environmental Assessment with the Certificate of Approval application particularly with regard 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 and the Health Canada Review comments. Council Meeting Minutes - 7 - March 28, 2011 Wendy Bracken addressed Council concerning Item 10 of Report #1 - Hard Copies of Certificate of Approval Documents for the Energy- From -Waste Facility. She expressed concern that Members of Council are not aware of the work involved in reviewing these documents. She stated that it would have been impossible for interested parties to conduct the reviews they have done working from electronic copies. Ms. Bracken stated she has previously written to Council requesting that copies be provided to citizens who have have done a lot of work on this. She stated she was dismayed by last week's decision and that she is conducting this review for no personal reason other than the protection of her friends, family and community. Ms. Bracken stated there is information that is not being put forward by the Region's consultants and is not being made clear to Council. Ms. Bracken thanked Members of Council who attended the Council Information session last week. She stated access to information is key to democracy; she feels this is a fair request and urged Council to provide the information. Resolution #C- 150 -11 Moved by Councillor Woo, seconded by Councillor Partner WHEREAS three hard copies of the Certificate of Approval documents were made available by Durham Region to the three local community groups, DurhamCLEAR, Durham Environmental Watch and Zero Waste 4 Zero Burning, the Minister named to the EFW Advisory Committee; THAT a hard copy of the Certificate of Approval documents is available for review in the Clarington Public Library Bowmanville Branch; 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; THAT electronic copies CD's be made available for free upon request through the Municipal Clerk's Department; and THAT one hard copy of the Certificate of Approval documents be made available for a member of the public residing in Clarington on a first come first serve basis. "CARRIED AS AMENDED LATER IN THE MEETING" (See Following Motion) Resolution #C- 151 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C- 150 -11 be amended by deleting the last paragraph and replacing it with the following: Council Meeting Minutes - 8 - March 28, 2011 "THAT two hard copies of the Certificate of Approval documents be made available in the Municipal Clerk's Department for interested parties to sign out for two week periods." "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C- 150 -11 was then put to a vote and CARRIED AS AMENDED. Henk Mulders addressed Council concerning Item 13 of Report #1 - Building Permit and Inspection Fee Amendments and New Building By -Law. Mr. Mulders indicated that he is the owner and operator of Link Greenhouses north of Bowmanville and he is also speaking on behalf of Witzke Greenhouses and Rekker Garden Greenhouses to bring attention to the financial impact the proposed increase will have on greenhouse construction. Mr. Mulders indicated ten to fifteen years ago a building permit for a one acre greenhouse would have been approximately $1,000. At the current rate of $2.27, a one acre greenhouse permit would cost $9,189.65 and the proposed increase to $2.64 will increase the cost by $1,497.87. He also expressed concern with the proposed 3% annual automatic increase. Mr. Mulders stated at peak times Witzke's, Rekker and Link Greenhouses employ approximately 200 people noting most employees reside in Clarington and that these businesses are major contributors to the local economy. He expressed concern that their input costs are rising and the return per unit has gone down or has remained the same requiring them to keep expanding to maintain a certain level of income. Mr. Mulders acknowledged the. need to charge building permit fees but noted that the work involved to issue a permit is almost the same as' /2 acre greenhouse project and that greenhouses should not be under the same umbrella as livestock barns and other farm buildings. Mr. Mulders requested that greenhouses be capped at a maximum building permit fee. Council Meeting Minutes - 9 - March 28, 2011 Item #13 Resolution #C -152 -11 Moved by Councillor Partner, seconded by Councillor Traill 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 approved, with an amendment to Schedule B, Part B by adding the words "maximum $5,000" beside the "Farm Buildings" fees under the Building Classification; and THAT all recorded interested parties be notified of Council's decision. "CARRIED" Resolution #C- 153 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT Council recess for fifteen minutes. . -• s The meeting reconvened at 9:26 p.m. COMMUNICATIONS Resolution #C- 154 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 6, 1 - 9, and I - 11. "CARRIED" Council Meeting Minutes _10- March 28, 2011 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 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, 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 - 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 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. Council Meeting Minutes - 11 - March 28, 2011 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. 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. 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. 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: Council Meeting Minutes -12- March 28, 2011 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) Raiiway /Hydro Right of Ways (Linear Properties — last updated in 1998); (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; Council Meeting Minutes -13- March 28, 2011 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; 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 Council Meeting Minutes -14- March 28, 2011 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: "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." Council Meeting Minutes - 15 - March 28, 2011 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 barb north a(�sympatico.ca. Resolution #C- 155 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Item I - 6 from Barbara North, Director, Spay Neuter Durham, with respect to a permanent high volume spay neuter clinic, be referred to staff. "CARRIED" 1 - 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 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; Council Meeting Minutes -16- March 28, 2011 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." Resolution #C- 156 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 9 from the City of Oshawa, with respect to the Highway 407 East Extension, be referred to the Director of Engineering Services for comment on the impact to the Municipality of Clarington resulting from the extension being phased to Harmony Road. "CARRIED" 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. Resolution #C- 157 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I — 11, from George F. Vella, Vella & Pratt, Barristers and Solicitors, with respect to dredging of the Bowmanville Creek, be referred to staff. "CARRIED" Council Meeting Minutes -17- March 28, 2011 CORRESPONDENCE FOR DIRECTION Resolution #C- 158 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 8, be approved as per the agenda. "CARRIED" 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. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department and approval granted 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. (Proclaimed) Council Meeting Minutes -18- March 28, 2011 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. (Correspondence referred to the Municipal Clerk to place information on the municipal website) 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. (Fireworks display approved 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. (Request referred 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. (Proclaimed) Council Meeting Minutes -19- March 28, 2011 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. (Correspondence referred to the Municipal Clerk to place information on the municipal website) 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. (Correspondence referred 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 communU without thought of personal or financial gain. This year will mark the 27t 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. Resolution #C- 159 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT Wally Boughen be nominated for the 'Senior of the Year' Award on behalf of the Municipality of Clarington. "CARRIED" Council Meeting Minutes -20- March 28, 2011 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. Resolution #C- 160 -11 Moved by Councillor Partner, seconded by Councillor Novak THAT the request from the Newcastle Business Improvement Area, with respect to support for their Canada Past & Present Event, be referred to the Director of Community Services. "CARRIED" 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; 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." Council Meeting Minutes -21- March 28, 2011 Resolution #C- 161 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Region of Durham, with respect to time of day electricity pricing, be referred to the Clarington Accessibility Advisory Committee. "CARRIED" 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, 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; Council Meeting Minutes -22- March 28, 2011 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." Resolution #C- 162 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT the resolution from the City of Oshawa, with respect to the proposed Oshawa Cogeneration Facility, be received for information. "CARRIED" 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 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 Council Meeting Minutes -23- March 28, 2011 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." Resolution #C- 163 -11 Moved by Councillor Trail[, seconded by Councillor Novak THAT the resolution from the CAA South Central Ontario and the Ontario Good Roads Association, with respect to a proposal to have HST Gas Tax Revenue dedicated to transportation, infrastructure and maintenance, be endorsed. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report March 21, 2011. Council Meeting Minutes -24- March 28, 2011 Resolution #C- 164 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the General Purpose and Administration Committee Report of March 21, 2011 be approved, with the exception of Items #6, #8, #12 and #22. "CARRIED" Councillor Neal declared a pecuniary interest with respect to Item #12 as he acts for the applicant, Mr. Veltri. Councillor Neal left the Council Chambers during discussion and voting on this matter. Item #12 Resolution #C- 165 -11 Moved by Councillor Novak, seconded by Councillor Woo 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. "CARRIED" Councillor Neal returned to the meeting. Item #6 Resolution #C- 166 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #6 of Report #1 be referred to the end of the Agenda. "CARRIED" Council Meeting Minutes -25- March 28, 2011 Item #8 Resolution #C- 167 -11 Moved by Councillor Novak, seconded by Councillor Hooper 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 $18,345.56 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. "CARRIED" Item #22 Resolution #C- 168 -11 Moved by Councillor Novak, seconded by Councillor Partner 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. "CARRIED AS AMENDED LATER IN THE MEETING" (See Following Motions) Resolution #C- 169 -11 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C- 168 -11 be amended by adding the following words 'with the exception of procedural matters' following the words 'related sections'. "CARRIED" Council Meeting Minutes -26- March 28, 2011 Resolution #C -170 -11 Moved by Councillor Neal, seconded by Councillor Trail[ THAT the foregoing Resolution #C- 168 -11 be amended by deleting Paragraph 3 and replacing it with the following Paragraph 3: "THEREFORE BE IT RESOLVED THAT the Procedural By -law, By -law 2011 -016, be amended by requiring a majority vote of Council for Notices of Motion to be introduced under Sections 7.12.1, 7.12.2 and 7.12.3 Notices of Motion' and related sections with the exception of procedural matters." "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C- 168 -11 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member - Yes No Declaration of Pecuniary Interest Absent Councillor Trail[ Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster STAFF REPORT(S) 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 Council Meeting Minutes -27- March 28, 2011 Confidential Verbal Report of the Solicitor regarding Morgan's Road. Resolution #C- 171 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT Staff Report #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 and Staff Report # 2 - Confidential Verbal Report of the Solicitor regarding Morgan's Road, be referred to a closed session of Council. "CARRIED" Resolution #C- 172 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice regarding two matters that are subject to solicitor - client privilege, including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 11:09 p.m. The Mayor advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to extend the hour until 11:30 p.m. Resolution #C- 173 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report LGL- 005 -11 be received for information; and THAT staff be directed to oppose the Site Plan Amendment application and Minor Variance Application submitted by FCHT Holdings (Ontario) Corporation at the Ontario Municipal Board for the reasons set out in Report LGL- 005 -11. "CARRIED" Council Meeting Minutes -28- March 28, 2011 BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C- 174 -11 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: 1. THAT By -law 2009 -163 be rescinded; and Council Meeting Minutes -29- March 28, 2011 2. THAT the CAO be 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. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo Councillor Hooper Councillor-Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C- 176 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Resolution #C- 128 -11 be lifted from the table. CARRIED Resolution #C- 175 -11 (Resolution #C- 128 -11 from March 7, 2011) 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; DRAFT LIST OF DELEGATIONS April 11, 2011 a) Kurt Gelder - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands (Item 5 of Report #1) b) Ted Meszaros, Clarington Citizens for Clean Water and Soil — Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) C) Beth Meszaros, Clarington Citizens for Clean Water and Soil - Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) d) Sherry Ibbotson, Clarington Citizens for Clean Water and Soil - Commercial Fill Dumping on Morgan's Road (Correspondence Item D — 9) e) Libby Racansky - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands (Item 5 of Report #1) SUMMARY OF CORRESPONDENCE April 11, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the St. Marys Cement Community Relations Committee dated November 23, 2010 (Copy attached) 1 - 2 Minutes of the Clarington Heritage Committee dated March 15, 2011 (Copy attached) 1 - 3 Minutes of the Clarington Museums and Archives Board dated February 16, 2011 (Copy attached) 1 - 4 Bruce McCuaig, President and Chief Executive Officer, Metrolinx, advising of the integration of Presto, the regional farecard system, as a division of Metrolinx; indicating the transition furthers Metrolinx's mandate of establishing a seamless transportation network in the Greater Toronto and Hamilton Area; and, advising that current Presto users will. see no change to the way they use their card, they will still be able to tap onto transit easily and quickly and that all Presto card activities will still be available at www.prestocard.ca. The integration process is expected to be complete by late 2011. 1 - 5 Linda Gasser writing to Councillor Don Mitchell, Chair, Finance and Administration Committee, Region of Durham, requesting that the Project Team for the Energy- From -Waste facility be directed to reschedule the next Energy- From -Waste Advisory Committee meeting and Certificate of Approval presentation to an evening meeting so that interested parties including Councillors, municipal staff and the public have the opportunity to hear the Certificate of Approval presentation and that Council and the public be notified when the date is finalized so that they may make arrangements to attend and /or file requests to make delegations. 1 - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding additional hard copies of the Energy- From -Waste Advisory Committee Terms of Reference (February 18, 2011), Energy- From -Waste Advisory Committee Terms of Reference Comment and Response Table (February 18, 2011) and the Durham/York Energy- From -Waste Draft Complaint Protocol for Design, Construction and Operations (January 31, 2011), in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Section 3 Public Record. Summary of Correspondence - 2 - April 11, 2011 1 - 7 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to P. Madill, Regional Clerk, Regional Municipality of Durham, advising that on March 21, 2011, the Township of Brock passed a resolution in support of the Municipality of Clarington's request that Durham Region reconsider their position to no longer reimburse lower -tier municipalities for roadside clean -ups; and, requesting the Region to provide the same consideration to Brock as what has been previously provided to Clarington. 1 - 8 Gail Rickard, Library Board Chair, Clarington Public Library, expressing appreciation for Council's support of the library's 2011 Capital and Operating Budget requests. 1 - 9 John R. O'Toole, MPP Durham, advising that he has been working with residents and Councils regarding the placement of commercial fill in the Township of Scugog and requesting that he be kept informed of any other fill requests or permit applications regarding fill within the Oak Ridges Moraine or the Greenbelt so that he will be able to work with Council and to inform the Provincial government to better serve his constituents. 1 - 10 Joyce Kufta, Village Concerts, expressing appreciation to Council on behalf of the Newcastle Village Concerts Committee for the $750 Municipal Grant; indicating that the Tuesday night free concerts in Newcastle Parkette have been a huge success and have also helped the East Clarington Food Bank as many attendees bring donations; and, advising the concert series begins on Tuesday, June 14th and runs until August 23, 2011. CORRESPONDENCE FOR DIRECTION D - 1 Derrick McKay, Race Director, Courtice Kids Multisport Series, requesting permission to close Nash Road from 8:30 a.m.-to 11:30 a.m. on Sunday, August 21, 2011, for the 5th Annual "Courtice Kids of Steel Triathlon "; and, advising that the organization will be providing insurance coverage up to $5 million and will also obtain the appropriate road closure permits for Courtice Road. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 3 - April 11, 2011 D - 2 Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2011, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry's website at www.ontario.ca /honoursandawards. The deadline for submission is May 31, 2011. (Motion to refer correspondence to the Municipal Clerk to place information on the municipal website) D - 3 Mia Ponsen, Secretary and David Moorhouse, Treasurer, Pride Durham Inc., requesting the week of June 6 to 12, 2011, be proclaimed as "Pride Week" and for the Rainbow Flag to be raised on one of the municipality's flagpoles for the week, in celebration of the Gay, Lesbian, Bisexual, Transgender and Transsexual (LGBT) communities accomplishments and culture and to send a message of tolerance, openness and hope. (Motion to Proclaim and permission be granted to fly the Rainbow Flag) D - 4 Dianne Fernlund, Crossing Guard Coordinator, Municipality of Clarington, requesting May 2, 2011, be proclaimed as "School Crossing Guard Appreciation Day" in recognition of the valuable service and dedication to child safety provided by Clarington's School Crossing Guards. (Motion to Proclaim) D - 5 Kathy McLaughlin, Secretary, Bowmanville Santa Claus Parade, requesting permission to host the 50th Annual Community of Bowmanville Santa Claus Parade on Saturday, November 19, 2011, beginning at 10:30 a.m.; advising the parade will commence on Church Street by the Old Fire Hall and end at Memorial Park on Liberty Street; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; and, thanking all involved for their continued support in making the parade a great success. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 4 - April 11, 2011 D - 6 Jackelyn Forsey requesting that May 12, 2011, be proclaimed "Chronic Fatigue Syndrome /Myalgic Encephalomyelitis, Fibromyalgia and Multiple Chemical Sensitivities National Awareness Day" in support of the 440,000 individuals in Ontario who have been diagnosed with one or all of these illnesses and to help raise public awareness, educate the medical profession, raise funds for necessary services and end the stigma and discrimination that accompany these diseases. (Motion to Proclaim) D - 7 Debbie Shields, City Clerk, City of Pickering, writing to the Central East Local Health Integration Network advising that on March 21, 2011, the City of Pickering adopted the following resolution pertaining to Ajax Pickering Hospital: "WHEREAS in the spring and summer of 2008, during the public discussions regarding elimination of mental health beds at the Ajax - Pickering Hospital, members of Friends of the Ajax- Pickering Hospital wrote to the Minister of Health asking that the Rouge Valley Health System be dissolved and that the Ajax- Pickering Hospital be amalgamated with the Lakeridge Health Network; and WHEREAS the Ajax- Pickering Hospital is undergoing a major expansion of emergency care facilities. There was also to have been an expansion of mental health in- patient services but RVHS decided last year to relocate all of those services to Centenary. Despite public outcry in opposition to this change, both the LHIN and the Courts have ruled that changes such as this one, within a healthcare corporation, are not subject to external review; and WHEREAS the projections indicate that the population of Durham Region will grow at more than twice the rate of any other community or, county within the CELHIN. The total population of Durham will quickly and significantly exceed that of Scarborough; and WHEREAS as the Region's population grows it will be crucial to have a coordinated, Region -wide view to implementing and managing healthcare resources and none of these are more important than the critical care hospitals serving the Region. A single corporation focused on Durham Region is the simplest and most affordable way to realize this goal; and Summary of Correspondence - 5 - April 11, 2011 WHEREAS a Durham Region focus will significantly improve fundraising from all three sources within Durham Region: local and regional focus will appeal to the local nature of communities. As the communities of Durham Region grow from Pickering to Newcastle there is a legitimate expectation that a broad range of medical services will be available here. NOW THEREFORE the Council for the City of Pickering supports a single hospital corporation for all communities within Durham Region; and, THAT the Central East Local Health Integration Network be requested to explore how this goal might be best achieved to serve the residents of Durham Region; and, THAT all municipalities in Durham Region and the CELIHN be so advised." (Motion for Direction) D - 8 Kathy Kielt, Acting Deputy Clerk and Supervisor of Council and Committee Services, Regional Municipality of Halton, advising Council that on March 30, 2011, the Regional Municipality of Halton adopted the following resolution pertaining to Harmonized Sales Tax (HST) revenue and a new funding mechanism for transportation infrastructure: "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 Summary of Correspondence - 6 - April 11, 2011 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 Regional Municipality of Halton 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) D - 9 Ted and Beth Meszaros and Sherry Ibbotson, Citizens for Clean Water and Soil, expressing concern with the dust and dirt affecting human health, pets, vegetation and roadside conditions, as well as the short and long -term effects to the water system resulting from the dumping of commercial fill at the Morgan's Road site; and advising that the resolution passed by Council on March 28, 2011 is not strong enough and they have suggestions to present as to how Council and staff can be of further assistance to residents. (Motion for Direction) D - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 9, 2011, Regional Council adopted the following resolution pertaining to Highway 407 East Extension — Regional Comments on Simcoe Street Construction Announcement by Infrastructure Ontario: "a) THAT Joint Report #2011 -J -21 be received for information; Summary of Correspondence - 7 - April 11, 2011 b) THAT a copy of Joint Report #2011 -J -21. be forwarded to the Ministry of Transportation, Ministry of the Environment, Ministry of Infrastructure, Infrastructure Ontario, area municipalities, and Conservation Authorities; c) THAT the Province be advised that the Region of Durham's position on the Highway 407 East extension is: THAT the Province honour its commitment to deliver the entire Highway 407 East undertaking by providing a definitive schedule for the next procurement process to complete the Highway 407 extension to Highway 35/115, as promised; and d) THAT the following resolution from the City of Oshawa, as outlined in Council Correspondence (CC#40) from the City of Oshawa to Premier Dalton McGuinty, be endorsed: '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 35/11.5, as originally agreed with the federal government in the FLOW Agreement dated March 2, 2007 is to be completed in one continuous phase; and 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 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; Summary of Correspondence - 8 - April 11, 2011 THEREFORE, BE IT RESOLVED THAT the Province be requested to immediately proceed with the continuous construction of the 407 extension from Brock Road to 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'." (Motion for Direction) 1 -1 St. Marys Cement Community Relations Committee Notes of Meeting Tuesday November 23, 2010 6:00 p.m. —St. Marys Cement Plant Office, Bowmanville Attendees: Glenda Gies, Port Darlington Community Association Ruben Plaza, Environmental Manager, St. Marys Cement Stacey Kitchen, Human Resources Manager, St. Marys Cement Willie Woo, Member of Municipality of Clarington Council Cindy Strike, Municipality of Clarington Regrets: Rick Rossi, Port Darlington Community Association Martin Vroegh, Corporate Environment Manager, St. Marys Cement Mike Smith, Quarry Manager, St. Marys Cement Joan Moyer, Port Darlington Community Association Phil Dunn, MOE (guest) Adoption of Agenda Moved by Glenda Gies, seconded by Ruben Plaza CARRIED 2. Notes of Meeting of September 14th meeting were corrected. The exceedance was September 7, 2010 not September 14, 2010. The air vibration exceedance was in January, not February. The Notes of Meeting were adopted as corrected. 3. Status of additional PM 10 dust monitoring station. The equipment for the new monitoring station has been ordered and should be installed by the end of the year, along with the deck and fencing. The station is placed on property owned by Central Lake Ontario Conservation. CLOCA has requested that the monitoring station be screened with vegetation. This may be difficult as may affect the readings from the monitor. The location may need to be evaluated sometime in the future.. A draft agreement is under review. 4. St. Marys Operations Report a) PM 10 monitoring results Only one exceedance was measured since the September meeting. The exceedance occurred at the Hutton Transport site, because of the activities on the Hutton Transport site. St. Marys Cement Community Relations Committee DRAFT Meeting Minutes November 23`d, 2010 12.00 10.00 N 8.00 0 6.00 N E 4.00 2.00 Dust Fall 2010 0.00 i T—T Sffl ° 'S eP PM 10 Program 2010 I Page 2 - �— Hutton Trnspt. Cedar Crest OPG MOE Near East - X MOE Far East — - Limit -+— Hutton Trnspt. - "_— Cedar Crest OPG Limit" 2 70 -- 60 50 40 30 - o E20 L --- -t - -— —'~ — 10 0 O O O O O O O O O N a O O _ N N N N a a a a O _O O O N N N N a a a a O _ O N N N a a a t5 CD iz- m O r N I Page 2 - �— Hutton Trnspt. Cedar Crest OPG MOE Near East - X MOE Far East — - Limit -+— Hutton Trnspt. - "_— Cedar Crest OPG Limit" 2 St. Marys Cement Community Relations Committee Page 3 DRAFT Meeting Minutes November 23`d, 2010 • Stack emissions St. Marys production is up. St. Marys is expecting they will exceed the S02 & NOX allowance however will use their credits. 4=01, 4000 3000 2000 1000 0 O S02 2010 O Allowances S02 2010 3 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes November 23rd, 2010 6000 5000 4000 N 3000 O 2000 1000 0 • Blast monitoring Page 4 ❑ NOX 2010 ❑ Allowances NOX 2010 There was one ground vibration exceedence on September 14/10, and only one air vibration exceedence recorded since the beginning of 2010. a) Quarry Operations The quarry is back into a routine of blasting once or twice a week. The overburden hauling ended for 2010. Overburden screening is now located where the Technical Centre was formerly located. Operations mining levels are 1, 2, and 3 while CBM is producing at level 4 for aggregate. Although there is no graphic, no blasting exceedances for ground vibrations and air vibration since the last CRC meeting in September, 2010. There were two blast exceedances in 2010, one air vibration on January 27th (129 dBL) and one ground vibration on September 7th (13.2 mm /s). The quarry manager continues to work with the blasting contractor to have no exceedances. b) Dock • Dock storage management and procedures St. Marys report no exceedances since the last meeting. They continue to apply dust suppressant on open face of fuel piles; petcoke piles are covered with tarps; maximum height of petcoke stockpiles is 10 metres and unloading vessels is stopped with wind velocities over 40 km /hr and from direction of concern. St. Marys Cement Community Relations Committee DRAFT Meeting Minutes November 23`d, 2010 5. Review of Communication Procedures Page 5 At the present time, complaints should go directly to St. Marys Cement. The Human Resources Manager is the main contact for communication with the community for concerns, complaints and general information. . The HR Manager will gather the appropriate information from the Quarry Manager or Environmental Manager and will contact the complainant within 24 hours if note the same business day. The HR Manager. can designate an alternative employee to conduct follow up actions depending on the expertise required. The HR Manager will document community concerns and will report their status during the quarterly CRC meetings. St. Marys believes that communicating directly with the complainant is important to get the exact nature of the complaint rather than through a Blog. The Committee suggested that the next newsletter should reiterate the communication protocol. If there is something that requires more attention, than a larger meeting can be held. For example, the pet coke incident a few years ago. A drop down tab on their website may be another way to convey the protocol. St. Marys is required to contact MOE if there is an exceedance. MOE is another way to review any exceedances. 6. Community Complaints 70 65 60 55 50 y� 45 1 40 3 35 ,S 30 25 20 15 10 5 0 Community Complaints Log 0 0 0 0 0 0 0 0 0 0 0 0 i r 0 r r 0 0 0 r r r r 0 Historical Data ❑ Blast ® Dust ❑ Plume ❑ Total 5 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes November 23`d, 2010 Page 6 October • On October 21, 2010, a Cedar Crest resident complained of odour and vibration. The sulphur odour came from a blast and went in the direction of the houses. An analysis of the blasting powder has been asked for from the blasting consultant • On October 21, 2010, an unknown complaint, via MOE reported the same complaint. • Results for October blasts were within vibration limits. November • A Cove Road resident noted excessive blast, on November 16th, 2010. • A Parkway Crescent resident noted excessive blasts on November 16ht & 18th 2010. • Results for November blasts were within vibration limits. The Open House will be reviewed again for next summer. Stacey Kitchen contact information is noted below: Stacey Kitchen Human Resources Manager 400 Waverly Road, South Bowmanville Ontario L1 C 3K3 Bus: 905 - 623 -3341 ext. 254 Cell: 905- 429 -7997 Fax: 905- 623 -8462 SEKitchen _vcsmc.corn 7. Other Business Status on the Alternative Fuel Project remain the same. 8. Next Meeting March 8th, 2011 2 1 -2 CLARINGTON HERITAGE COMMITTEE MEMBERS PRESENT: David Reesor Allan Kirby Councillor Hooper STAFF: Isabel Little ADOPTION OF MINUTES 11.05 BUSINESS Minutes of Meeting March 15, 2011 Karin Murphy Tracey Ali Karina Isert Moved by Allan Ki THAT the minutes In 20 fors displa nt a Road an C determined designated prol community and 5681 Acres Road's 5531 Bethesda Road 5658 Bethesda Road 7500 Highway 35/115 4825 Rundle Road 2064 Taunton Road a Tibbles n Gyaltsan w Kozak eight ntage resources that had been listed for of Highway 407. Two of the buildings, 5415 Solina ated under the Ontario Heritage Act. The CHC minin six buildings in the Municipal Register of non - in informing MTO that these buiidings have value to the molished. The list includes: i MTO owned two of the six buildings that were proposed to be added to the Municipal Register, 5531 Bethesda Road and 5681 Acres Road. The remaining four were still in private ownership. Council added 5531 Bethesda Road and 5681 Acres Road to the Municipal Register as non - designated properties in 2009. MTO has informed staff that they have acquired 5658 Bethesda Road and 7500 Highway 351115. A report will be forwarded to Council recommending that these two buildings be added to the Municipal Register as non - designated buildings. The last two properties in the list, 4825 Rundle Road and 2064 T . on Road, are still privately owned. It will be recommended to Council that they ed to the Municipal Register upon MTO's acquisition. St. George's Anglican Church The Committee rrrembers had visited the s - .: nd no concerns w the proposed changes to the brick boundary Th* " itect an available to attend the April me to addres 5, stions from the proposed addition. CORRESPONDENCE Heritage Matters CONFERENCES d in regards to -h minister are ommittee on David :: ela a ..ace I be a ¢' g the Municipal Heritage Committee Orient Workshop rkh . April7 . Karina, Ten ngela, a David ill attend the Ontario Heritage Conference in Cobourg in Jun arin will nd the Friday sessions. 11.06 Moved Kozak, seconded by Allan Kirby THAT the HC cover the conference fee of the members wishing to attend the Ontario Heritage Conference in Cobourg "CARRIED" 2 SUBCOMMITTEE REPORTS Bowmanville CIP Grant applications have been received for Chanterelle Bistro which has moved from King Street West to Division Street, for 104 King Street East (Royal Service), and Oak Unlimited. Oak Unlimited plans to remove the painted layer of brick on the exterior and replace it. Orono CIP Bridge replacement is planned for the street 2012. This is of concern to the Main Street r 3 months. A plaque will be posted in ho discussed for Orono Park anniversary Ii September 25t" Newcastle CIP A parking study was public and private p There are over 5 that there is suffi :ie at this time. Gran " rations (A Gift ), and the A presentatiaV.2Ws given PROJECT REPO Heritage Inventory F FRants as a s oy Forreste 12. The chilli co i end of Main Street in will be limited for up to 'Nelebrations are being f will be held on leted for nto cast n evaluation of the use of aces on edn '- on aturday was conducted. lab rking s the town. The study concluded kings ly in th ntown core to meet the existing demand Photography will resume in April. Website 's Harvest Table, 187 King Avenue East ing. the cement block houses on Beaver Street. Staff will be working with the Communication and Tourism's website technician to design the website. The link to the Kingsville Heritage Committee's website was 3 provided as an example of a heritage website that is user friendly (http://www.kingsvilleheritage.ca/Welcome.html). The Kingsville website contains a Google -based map with pop -ups of pictures of heritage buildings and a brief architectural description. The CHC website could contain a similar map highlighting the designated properties. It was suggested that the buildings on the Primary list should be mapped this way as well. FINANCIAL REPORT Opening balance Sept 25 Interest Closing Interest Closing Interest' Closing Interest CHO mem Closing Interest Sept 30 Oct 25 Oct 2 Dec 31 Jan 21 plan 25 '8.68 0.05 ;8.73 $5,858 0.05 v l: by Andrew Kozak :ed The Committee mem a asked to consider which buildings they think should be individually designated Wirder to form a list of candidates for designation. Staff and the Committee Chair will work on a process and protocol for seeking designations. OHT Request for Nominations The Ontario Heritage Trust has submitted a request for nominations for the Heritage Community Recognition Program and the Young Heritage Leaders Program. Tenzin received the Heritage Community Recognition Program award in the built heritage category in 2005 for the restoration of the Massey building in Newcastle Village. The Committee discussed the restoration work completed on the building owned by Edmond Vahaverbeke in Newcastle Village known locally as the house of all nations, 101-109 King Avenue West, and determined that the project would qualify for nomination. 11.08 Moved by Allan Kirby, seconded by Andrew Kozak THAT the Clarington Heritage Committee nominates Edmond Vanhaverbeke for the Heritage Community Recognition Program Gabby Kirkwood won the ACO A.K. Architectural Conservancy of Ontario in raising public awareness of the boys traii would qualify for nomination in the Yo project. Moved by Angela THAT the Clarington the Young _Heritage L for Advocacy from the 2009 for her efforts in &she is under 18, she ram for the same ates Gabby Kirkwood for 0-inform the group of restoration projects pleted in other communities. MIxt meeting April 19th, 7.00 Meeting room 1C 5 1 -3 CLARINGTON MUSEUMS AND ARCHIVES BOARD. MEETING MINUTES February 16, 2011 Sarah Jane Williams Heritage Centre 62 Temperance Street, Bowmanville, Ontario Present J. Witheridge S. Laing M. Carlton J. Cashin -Oster B. Seto B. Shields M. Morawetz Regrets: Mayor Foster Councillor Neal P. Ford Absent M. Speelman Viney Staff: M. Rutherford Conrad, Executive Director M. Horne, Recording Secretary 1. CALL TO ORDER The meeting was called to order by the Executive Director at 7:10 p.m. 2. ADOPTION OF AGENDA Moved by: J. Witheridge Seconded by: J. Cashin -Oster THAT the agenda be approved. MOTION CARRIED 3. REVIEW OF ELECTION PROCEDURE The Executive Director reviewed the procedure for the election of officers for the Clarington Museums and Archives Board of Directors. 4 NOMINATIONS AND ELECTION OF OFFICERS Moved by:. M. Morawetz Seconded by: M. Carlton THAT J. Witheridge be nominated for the position of Chair. J. Witheridge accepted the nomination, and as there were no further nominations for the position of Chair, J. Witheridge is the Chair of the Clarington Museums and Archives Board of Directors. MOTION CARRIED At this point J. Witheridge assumed the Chair of the meeting. Moved by: S. Laing Seconded by: B. Shields THAT J. Cashin -Oster be nominated for the position of Vice Chair. J. Cashin -Oster accepted the nomination, and as there were no further nominations for the position of Vice Chair, J. Cashin -Oster is the Vice Chair of the Clarington Museums and Archives Board of Directors. MOTION CARRIED Moved by: B. Shields Seconded by: M. Morawetz THAT B. Seto be nominated for the position of Property Chair. B. Seto accepted the nomination, and as there were no further nominations for the position of Property Chair, B. Seto is the Property Chair of the Clarington Museums and Archives Board of Directors. MOTION CARRIED Moved by: B. Shields Seconded by: M. Carlton THAT S. Laing be nominated for the position of Finance Chair. S. Laing accepted the nomination, and as there were no further nominations for the position of Finance Chair, S. Laing is the Finance Chair of the Clarington Museums and Archives Board of Directors. MOTION CARRIED Moved by: S. Laing Seconded by: J. Cashin -Oster THAT M. Morawetz be nominated for the position of Collections and Event Planning Chair. M. Morawetz accepted the nomination, and as there were no further nominations for the position of Collections and Event Planning Chair, M. Morawetz is the Collections and Event Planning Chair of the Clarington Museums and Archives Board of Directors. MOTION CARRIED The Chair deferred the selection of members of the various committees until the next meeting of the Clarington Museums and Archives Board of Directors in March. 5. ORIENTATION TO CLARINGTON MUSEUMS AND ARCHIVES The Executive Director provided the Board members with an orientation of the Clarington Museums and Archives that included an introduction to the museum sites and the staff who work for the Board. 6. APPROVAL OF MINUTES OF NOVEMBER 10, 2010 Due to computer problems, minutes of this meeting were not available and will be brought forward to the March meeting. 7. CORRESPONDENCE There was no correspondence. 8. BUSINESS ARISING The Executive Director provided the members with an updated Section 3 of the Board Policy manual which contains changes to some portions of the existing Section. The Executive Director advised the Board that the changes are recommended by the Canadian Museum Association and supported by the Ontario Ministry of Culture. The Ministry of Culture is undertaking a three year review of the policies of Community Museums currently funded by the province. In order to successfully pass the review of the Governance policy (our Section 3), the changes would need to be incorporated. The Chair asked the members to peruse this section-of the Policy Manual and be prepared to discuss it at the March meeting. 9. COMMITTEE REPORTS There were no Committee reports. 10. EXECUTIVE DIRECTOR'S REPORT There was no Executive Director's report. 11. NEW BUSINESS There was no new business. 12. DATE AND PLACE OF NEXT BOARD MEETING Moved by B. Seto Seconded by: B. Shields THAT the next meeting of the Clarington Museums and Archives Board of Directors be held on MARCH 9, 2011 at the Sarah Jane Williams Heritage Centre beginning at 7:00 p.m. at which time meeting dates will be scheduled for future meetings. MOTION CARRIED 13. ADJOURNMENT Moved by: S. Laing THAT the meeting adjourn at 8:30 p.m. Minutes for the February 16, 2011 meeting of the Clarington Museums and Archives Board have been accepted and approved on Chair, Clarington Museums and Archives Board Executive Director, Clarington Museums and Archives Clarl'n on Leading the Way 9t REPORT #1 REPORT TO COUNCIL MEETING OF APRIL 11, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, APRIL 4, 2011 RECOMMENDATIONS: 1. SIGN FOR PROPOSED NEWCASTLE FIRE HALL THAT the sign for the proposed Newcastle Fire Hall be removed until September, 2011, when the Municipality has a better idea of the location of the new Newcastle Fire Hall. 2. DELEGATION OF CARMELA MARSHALL REGARDING TOP TEN RISKS OF COMMERCIAL FILL OPERATIONS THAT the delegation of Carmela Marshall, regarding the top ten risks of commercial fill operations, be referred to Staff for a report on how Ms. Marshall's comments pertain to Clarington's fill by -law. 3. NEWCASTLE MEMORIAL PARK — PROPOSAL TO RENAME THAT Report EGD- 017 -11 be referred to staff to consider other options; and THAT input be sought from various groups, including the Royal Canadian Legion Bowmanville Branch, on the history of Newcastle Memorial Park and dedicating a park to Joseph E. Atkinson ". 4. DELEGATION OF RICHARD WARD REGARDING THE PROPERTY STANDARDS COMPLIANCE THAT the matter of Richard Ward's property standards compliance order be referred to Staff for a report. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - April 11, 2011 5. PROPOSED AMENDMENT NO. 80 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO REVISE THE LIMITS OF THE ENVIRONMENTAL PROTECTION AREAS BASED ON THE IDENTIFICATION OF PROVINCIALLY SIGNIFICANT WETLANDS THAT Report PSD- 030 -11 be received; THAT Clarington Official Plan Amendment (COPA 2011 -001) continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting; and THAT all interested parties listed in Report PSD- 030 -11 and any delegations be advised of Council's decision. 6. REQUEST FOR EXTENSION OF DRAFT APPROVAL - 1 -37 KINGS COURT, BOWMANVILLE THAT Report PSD- 031 -11 be received; THAT the request to extend the lapsing date for the draft approved Plan of Condominium until April, 2016 be approved; THAT the by -law authorizing the entering into an Condominium Agreement between the Owner of the lands and the Municipality of Clarington be approved as contained in Attachment 2 to Report PSD- 031 -11; and THAT all interested parties listed in Report PSD - 031 -11 and any delegations be advised of Council's decision. 7. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST - 5658 BETHESDA ROAD AND 7500 HIGHWAY 351115 THAT Report PSD - 032 -11 be received; THAT the properties identified as 5658 Bethesda Road and 7500 Highway 351115, be added to the Municipal Register of properties of cultural heritage value or interest; and THAT all interested parties listed in Report PSD- 032 -11 and any delegation be advised of Council's direction. Report #1 - 3 - April 11, 2011 8. DURHAMIYORK RESIDUAL WASTE PROJECT INTEGRATED WASTE MANAGEMENT COMMITTEE THAT Report PSD- 033 -11 be received; THAT a copy of Report PSD- 033 -11 and Council's decision be forwarded to the Region of Durham, the Region of York, and the Ministry of Environment; THAT Attachment 2 to Report PSD- 033 -11, the revised terms of reference for the EFW Waste Management Advisory Committee, be endorsed as Clarington's comments and suggestions for the terms of reference; and THAT all interested parties listed in Report PSD- 033 -11 and any delegations be advised of Council's decision. 9. HUNTINGTON SUBDIVISION PHASE 1, COURTICE, PLAN 40M -1929, 'CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY- LAWS', FINAL WORKS INCLUDING ROAD AND OTHER RELATED WORKS THAT Report EGD- 016 -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 Plans 40M -1929, 1 OM -773 (part of) and 1OM -824 (part of); and THAT Council approve the by -laws attached to Report EGD- 016 -11, assuming certain streets within Plans 40M -1929, 1 OM -773 (part of), and 1 OM -824 (part of) as public highways. 10. CEMETERY TARIFF OF RATES FOR 2011 TO 2014 THAT Report OPD- 005 -11 be received; THAT the proposed tariff of rates as outlined in Attachment No. 2, Schedules A through D, of Report OPD- 005 -11 be approved for the years 2011 through 2014; THAT the draft by -law (Attachment No. 2 to Report OPD- 005 -11), being a by -law to amend By -law 2006 -152 be approved; and THAT the proposed tariff of rates as outlined be forwarded to the Ministry of Government Services for approval. Report #1 - 4 - April 11, 2011 11. APPOINTMENTS TO HALL BOARDS THAT Report CLD- 010 -11 be received; THAT the appointment of the following individuals to the Orono Arena Board be confirmed: Orono Amateur Athletic Association Representative Gord Lowery Orono Amateur Athletic Association Representative Laverne Boyd Durham Central Agricultural Society Representative Elaine Dillon; THAT Councillor Partner be appointed as a Council representative on the Orono Arena Board; THAT the appointment of the following individuals to the Solina Community Centre Board be confirmed: Jennifer Bowman Viola Ashton Karen Dair David Best Sue Olsen; THAT By -law 2008 -039 be amended to change the composition of the Tyrone Hall Board from 13 citizen representatives to nine citizen representatives; THAT the appointment of the following individuals to the Tyrone Hall Board be confirmed: Mark Canning Alvin Hare Corinne Van deGrootevheen Larry Quinney Kim Panokeok; Don Wilks Denise Franklin Paul Rowan Laurie Lafrance THAT Councillor Traill be appointed as a Council representative on the Tyrone Hall Board; and THAT Councillor Woo be appointed as a Council representative on the Newcastle Arena Board. Report #1 - 5 - April 11, 2011 12. PROPOSED FENCE CONSTRUCTION COST SHARE BY -LAW THAT the Addendum to Report CLD- 001 -11 be received; THAT Report CLD- 001 -11 be received; THAT the By -law to provide for the apportionment of costs of Division Fences attached to the Addendum to Report CLD- 001 -11, as Attachment 1, be approved, as amended by removing the following words from the definition of "Agricultural Fence ": "with a strand of barbed wire set 15.2 cm (6 inches) above the top strand of page wire "; and THAT the Agricultural Advisory Committee be advised of Council's decision, forwarded a copy of the Addendum to Report CLD- 001 -11, and thanked for their input into this matter. 13. RFP2010 -12 ENERGY AUDIT SERVICES THAT Report COD - 010 -11 be received; THAT VIP Energy Services Inc., Waterloo, ON with a total bid in the amount of $27,862.91 (net HST rebate), being the highest rated bidder meeting all terms, conditions, and specifications of Request for Proposal #RFP2010 -12, be awarded the contract for the provision of services as required to complete energy audits at 18 Municipal facilities operated by the Operations and Community Services Departments; THAT the expenditure in the amount of $25,000.00 (net of HST rebate) be charged to account 100 -16- 130 - 00000 -7160; and THAT the additional funds required of $2,862.91 be drawn from the Municipal Government Enterprise Reserve Fund. 14. CORRESPONDENCE FROM DONNA MIDDLETON REGARDING THE MORGAN'S ROAD DUMPING ISSUE THAT the correspondence from Donna Middleton regarding the Morgan's Road dumping issue be forwarded to the Planning Services Department, John O'Toole, M.P.P. and the Ganaraska Region Conservation Authority. Report #1 - 6 - April 11, 2011 15. HEALTH IMPACTS OF THE CERTIFICATE OF APPROVAL FOR THE ENERGY - FROM -WASTE PROPOSAL THAT the Director of Planning Services be directed to advise Senes Consultants to expand the scope of the Peer Review of the Certificate of Approval for the Energy - from -Waste proposal to address PM2.5, to a maximum cost of $3000. 16. CORRESPONDENCE FROM PAUL AND KAREN TREMBLAY IN OBJECTION TO THE APPLICATION TO AMEND THE OFFICIAL PLAN TO REFLECT THE LOCATION OF PROVINCIALLY SIGNIFICANT WETLANDS, THE SUBJECT OF THE PUBLIC MEETING — REPORT PSD- 030 -11 THAT the correspondence from Paul and Karen Tremblay in objection to the application to amend the Official Plan to reflect the location of provincially significant wetlands, the subject of the Public Meeting — Report PSD- 030 -11, be referred to the Planning Services Department for processing. 17. CONFIDENTIAL MEMORANDUM FROM THE MUNICIPAL SOLICITOR — HOST COMMUNITY AGREEMENT THAT the Municipal Solicitor be directed to advise the Region of Durham of the Municipality's position in relation to the Host Community Agreement by sending the letter attached to the confidential memorandum dated March 24, 2011. SUMMARY OF BY -LAWS April 11, 2011 BY -LAWS 2011 -039 Being a by -law to authorize entering into an Agreement with the Owner(s) of Plan of Condominium S -C- 2007 -0001, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S -C- 2007 -0001 (Item 6 of Report #1) 2011 -040 Being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item 9 of Report #1) 2011 -041 Being a by -law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 9 of Report #1) 2011 -042 Being a by -law to establish certain lands as public highway, assume them for public use and name them (Item 9 of Report #1) 2011 -043 Being a by -law to amend By -law 2006 -152, being a by -law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Item 10 of Report #1) 2011 -044 Being a by -law to amend By -law 2008 -039 to establish a Municipal Service Board to operate a Community Hall in Tyrone in the former Township of Darlington, now in the Municipality of Clarington (Item 11 of Report #1) 2011 -045 Being a by -law to provide for the apportionment of costs of Division Fences (Item 12 of Report #1) HANDOUTS /CIRCULATIONS COUNCIL Comments on OPA to reflect the location of PSW by Libby Racanslcy PSW in urban area - EahVAiL-C-. Amendment No.ao To The Municipal ry of Cnrtnpton Official Plan', Map A2, land We, Courdce Urban Aria tte►a: �IYbIM tlalb ~� actor: Er..v.fewrvses. ooainwuatrearu � A°'a"v'�O' rwimaawc +a sYbb�eE 12.4 ha of wetland , ANSIs and 48.6 ha of the interior forest of these ANSIs will be removed for the East Link �l tte►a: �IYbIM tlalb ~� actor: Er..v.fewrvses. ooainwuatrearu � A°'a"v'�O' rwimaawc +a sYbb�eE 12.4 ha of wetland , ANSIs and 48.6 ha of the interior forest of these ANSIs will be removed for the East Link APage 1F '7 I LL A (H)R 1: Ak (H)R1 012.AVI &Z + Review of the Neighbourhood Plan MC-1 EP MA-1 RID R2A-1 RID EP RID EP RID4 P3 SUBJWTM FURTWR STUDY P2 A o FFUROINIER STUDY R2A-1 RIM L P2 FD� By 003.AVI :ale t� .7.cc../yy Cf�� �SflbvL Itu( iuc`a�.:gt .:.i U}Q R,LL CIx�C L 4i'�G lt/�.L ��FU/ 4�+nt I• ..wZL,,,.,:Le F1..uti az.,ua7y �<''..,({� �- • A' IZ'r,(o �v.L CY LrF,.ULIw .�'rt y Rte -IIK - <'Kshl..lR ..o.. �exautrn.l. -Q� � 7 -,- _ - %le a "W M i i MNR claims: "The remaining forests and wetlands should be protected with adequate buffers that will ensure that wetland and forest functions are maintained" 1996 OP, Ch. 4; 4,7,2: "Where a significant natural feature is not identified on Map C, it doesn't necessarily mean that the feature may be developed..." Friends of the Farewell 3240 Hancock Rd., Comfice, Ohio LIE 2MI Plane: (905) 436-2376 Faz (905) 837 -66M i,FFTCZAL CLiuUM6TOY CE`rEL&). !:NT P:,"!- LCT 217 Cet. 16, 7m REQUEST 1rC= GEEICPTIC47 OF 1 0&07- SEfi '. -'L jETLAIW .,a, the residents of Narrceck 4cad ,.. Ccurtice. are astinc, -,he zZurz l to m=pni a and _fficizlly rac:7rd cur requas_ tc desigrzte;:art a` cur property at 3_DC• Hancock &%4d And pa,-*_s of cevar sd by traes, incrLding the rfw at the back cf tip =e Kn,partias. ss a vocdlct, or getter, a_ a wetland, where the ester table is at, r shwas-•_ a., the surfice for w t cf Vl y3ar. ;firile any rant of Ontario can pr. of So:cr31 hunCr?d species Of flora in U qir area. there is a,:', c: aar.i_e7 ar_z this lard eher-- a.sr 406 species of, flor.3 a:. ?SL. At th-- 5303 t'aa, tAl.; IS t. ^.--- Jnly cold streaw: tztitst arm yhere 3r _ i-cn sized ri_n a,_- stfl; 3b:e to s=awn,. This *a a .a:y spacial, vary significant arse sr oatura. whar any devalcAment stould gat t:':g tw_grPvst scrutiny buf3.o any ctr_nge irr its h;dro7o__4y, natural faaturesor anythir.3 that can't yr:;a its sustainable cs:eTap£nt shAlt is de.tiaN tquots_ "susts`:7abis= :o f.3va the sjm =r patter c pertunitiw in n=xt g>nerat cr Char we ha: =_'l. Ms °rea :yes aazaytional !lor3. it is -, significant racharga- discharge area fer our co-- (farsaall.'Vach), it :s a part of th., lar,-,ast grcundwster• basin ir. Cmrham F,agicn. it is tha land of .ha :Uturs. This woodict, yart of a aru.:h greater area prior 1SL2. when N.D. r+.ariscn ha0 aai:aavd to cut a sabstantial part sf the natural east -west link, and it dazsr vas .wr_ii gredtar attenti_•rr r=w than at any tisa= bsfcre. The size. type and.nuaber of trams ass ier the regional schadiula cf ,xcdlot clarsifficatton, tha tyre and species of flora, all are far reyenj this scibaddle. This is a Mary significant woodlot. Thiz is an _fficial request far- wzc-7ot dasignati,•n, and an of .cisl -aqua Fo s b0for any cacI3lcparent is dais a y ay;aca.-- =zodlCts an, tritwtariss. We arve asking for this dssignatfon, for re'cr}strrgparts of this F^w7= 'acing Near ck 1;ziw and for continuation with ti nortnarn wrc:•alot cut br w.P.Mmscn :n : ??c'• -iS3: pericd. ACHIE V ILMEN I >.• it I.I)m,II 111. it The Audubon Cooperative Sanctuary System of Canada hcrch} r<v MM 111'• I'rulx•11N ul STAIN AND LIBBY RACANSKY 11a, h'" II d"'i�ynnli (I ati n CERTIFIED AUDUBON COOPERATIVE SANCTUARY ., ^1A 1`rv'Y l k .iri Therefore I am respectfully requesting Council for the fairness to residents, for the protection of environment and for the unforeseen financial and safety problems to remove the yellow residential designation and add the Green Space around these PSW and streams: i i r. D All this will be removed and the wetland ab me an isolated island