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HomeMy WebLinkAbout07/18/2011DATE: MONDAY, JULY 18, 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 July 4, 2011 PRESENTATIONS a) Wallace Boughen — 2011 Senior of the Year Award DELEGATIONS (List as of Time of Publication) a) Diana Curle - Application to Amend the Zoning By -law 84 -63 and Amend the Official Plan (1351739 Ontario Limited) (Item 3 of Report #1) b) Ron Collis, Chair, 2011 Clarington Arts & Music Festival — CAMfest (Correspondence Item 1-14) C) Doug Ives - Report PSD- 062 -11 - Application to Amend the Zoning By -law 84 -63 Margaret and Wes Knapp (Item 1 of Unfinished Business) COMMUNICATIONS Receive for Information 1- 1 Minutes of the Clarington Agricultural Advisory Committee dated July 7, 2011 1 - 2 Minutes of the Ganaraska Region Conservation Authority, dated May 19, 2011 1 - 3 Minutes of the Durham Nuclear Health Committee (DNHC), dated June 17, 2011 1 - 4 Minutes of the Clarington Heritage Committee, dated June 21, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - July 18, 2011 1 - 5 Dan D'Aliesio, Supervisor, Customer Service, Durham Region Transit — Petition Requesting Bus Service to Newtonville 1 - 6 Sandra Kranc; City Clerk, City of Oshawa — Issues Related to Highway 407 Extension 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham — Porcelain Collection and Recycling Pilot Program 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham — Updated Partnership Memorandum — Provincial Delegation of Plan Review Functions 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham — Energy From Waste — Waste Management Advisory Committee (EFW -WMAC) 1 - 10 Heather Brooks, Director, Watershed Planning and Natural Heritage, Central Lake Ontario Conservation Authority — Bowmanville /Soper Creek Watershed draft Existing Conditions Report and Community Information Session Lisa Baker, Chair, Enniskillen School Council — Letter of Appreciation for Community Grant 1 - 12 Doris Dumais, Director, Approvals Program, Environmental Assessment and Approvals Branch, Ministry of the Environment - Certificate of Approval for the Durham -York Energy Centre 1 - 13 The Honourable John Wilkinson, Minister of the Environment — Wind Turbine Development in Ontario 1 - 14 Ron Collis, Chair, 2011 Clarington Arts & Music Festival — CAMfest 1- 15 Sheila Hall, Executive Director, Economic Development Officer, 'Clarington Board of Trade - SNC Lavalin's Purchase of the Nuclear Division of Atomic Energy of Canada Limited 1 - 16 Gail Faveri, P. Eng., Secretary of the Canadian Section, International St. Lawrence River Board of Control - Bi- Annual Public Meeting /Teleconference on the Water Levels and Flows of Lake Ontario /St. Lawrence River System Receive for Direction D - 1 Cheryl Green, Administrative and Event Facilitator, Diabetes Coordinating Office, Durham Region Diabetes Network — Request for Proclamation of "World Diabetes Day" D - 2 Kathy Crowhurst, Lupus Foundation of Ontario — Request for Proclamation of "Lupus Awareness Month" Council Agenda - 3 - July 18, 2011 D - 3 Randy Cowan, Director, Orono Fair Committee — Request for Designation of Orono Fair as a Community Event D - 4 Jennifer Vincelli, Hospital for Sick Children, Division of Haematology /Oncology — Request for Proclamation of "Childhood Cancer Awareness Day" D - 5 Lynda Motschenbacher — Request for Extension to Building Permit D - 6 Kelvin Whalen, P.Eng., Vice - President, Land Development, Kaitlin Group - Request for Removal of Part Lot Control D - 7 Christine Heffer — Lyme Disease Petition and Awareness D - 8 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation — Request for Support of Oak Ridges Moraine Foundation D - 9 Linda Gasser - Durham/York Incinerator Monitoring Plans COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of July 11, 2011 STAFF REPORT(S) 1. Confidential Report COD - 026 -11 - 2010/2011/2012 Agreement Between the Corporation of the Municipality of Clarington and' Clarington Professional Fire Fighters Association (Distributed Under Separate Cover) UNFINISHED BUSINESS 1. Report PSD- 062 -11 - Application to Amend the Zoning By -law 84 -63 Margaret and Wes Knapp (Tabled from the General Purpose and Administration Committee Meeting on July 11, 2011) BY -LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT �1��■ 11 LendingflfeR'ny Council Meeting Minutes JULY 4, 2011 Minutes of a regular meeting of Council held on July 4, 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 Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:19 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item #6 of Report #1.. ANNOUNCEMENTS Councillor Novak announced the following events she attended last week: • Brought greetings on behalf of the Municipality to M. J. Hobbs Senior Public School and presented the Mayor's Award at their graduation ceremony • Attended the 407 Open House at the Shiners' Club in Oshawa • Presented bursaries to graduating students at St. Stephen Catholic Secondary School; and • Attended Canada Day Celebrations throughout the municipality. Council Meeting Minutes - 2 - July 4, 2011 Councillor Hooper announced the following events he attended last week: • the M. J. Hobbs Senior Public School graduation ceremony • the Ribbon - cutting ceremony for Broker Lake Insurance in Newcastle • the Emergency and Fire Services first night of training for twelve new part -time recruits; and • Canada Day celebrations at the Bowmanville Museum and the Garnet B. Rickard Recreation Complex. Councillor Woo announced the following: • He attended the Centre for Individual Studies Annual Graduation Ceremonies. • He attended Canada Day Celebrations. • He extended congratulations to the students of The Pines Senior Public School who have set a new Guinness Book of World Records for the most people exercising to a video game. • On July 5, 2011, A Gift of Art will celebrate their grand re- opening at 187 King Avenue in Newcastle, at 7:00 p.m. • On July 9 and 10, 2011, the Newcastle Art Show will take place at the Bondhead Beach Parkette with over 60 artisans displaying and selling their creations. Councillor Traill announced that she attended a Canada Day Parade and barbeque with residents of Wilmot Creek and also attended the celebrations at the Bowmanville Museum. She also expressed appreciation to Councillor Woo for voting at the Regional Council meeting to defer the signing of the Co- Owners' Agreement for the Incinerator project. Councillor Partner announced the following: On Wednesday morning she cut the ribbon for the new Broker Link Insurance in Newcastle and also attended Canada Day celebrations at the library grounds in Orono where she and Councillor Woo were dunked in the dunk tank as part of the festivities. On Canada Day she attended the celebrations in both Newcastle and Bowmanville. Mayor Foster announced the following: He expressed congratulations to all the groups involved in Canada Day Celebrations throughout the Municipality, and in particular to the Courtice Rotary Club for the spectacular event and fireworks display at the Garnet B. Rickard Recreation Complex. He has had discussions with Provincial staff regarding the Highway 407 East expansion project. Council Meeting Minutes - 3 - July 4, 2011 • On July 6th, he will be attending the groundbreaking ceremony for Ontario Power Generation's refurbishment education centre. • On July 10th the Islamic Centre of Clarington will be holding an Open House. • He attended the Clarke High School Graduation Ceremony. Mayor Foster spoke briefly about a controversial motion adopted by Regional Council on June 29, 2011, referring the DurhamNork Co- Owner's Agreement back to staff. Mayor Foster expressed concern that only three Regional Councillors were permitted to speak to the motion and that 25 Councillors did not have an opportunity to speak, including members of the host community. Resolution #C- 327 -11 Moved by Councillor Neal; seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held June 20, 2011, be approved. "CARRIED" PRESENTATIONS Mayor Foster presented a mock cheque in the amount of $15,000 from Hydro One's Power Play Program to Shane Blakely, Monty Wheller and Ben Jeffs, Hampton youths, who were instrumental in starting the skateboard park initiative which resulted in the donation from Hydro One. Mayor Foster indicated that this is an excellent example of what can happen when people get involved in their community and expressed appreciation to Hydro One and congratulated the young people for their involvement. Mayor Foster presented Congratulatory Certificates to Erin Vincent, Newcastle Pathfinders for being awarded her Canada Cord, Shannon Vincent, Lacey Biggs and Grace Andrews, 2nd Newcastle Guides on being awarded their Lady Baden Powell Awards, and Stacie Stutt on her retirement from Guiding after 20 years of service. Glenda Gies, Port Darlington Community Association, Co- Chair, St Marys Community Relations Committee, addressed Council to highlight the Committee's activities during 2010. Ms. Gies indicated the Committee was established by Council approximately 15 years ago to provide a forum for dialogue and relationship - building between the community and St Marys Cement and to provide an opportunity for St Marys to report on their progress implementing the Westside Marsh Reconfiguration Plan. She stated the Committee meets four times per year to discuss dock operations, dust releases, stack emissions, ground vibrations and community complaints noting information considered in 2010 has been summarized in the Annual Report. Ms. Gies stated she is one of three residents of the lakeshore who have been appointed by Port Darlington Community Association and their representatives attend the meetings and review the operating data. Council Meeting Minutes - 4 - July 4, 2011 Ms. Gies advised that over the years, the Committee has had representatives from the Aspen Springs Community Association and the Wilmot Creek Residents Association; however, although they were invited to participate in the Committee, they have declined to send representatives. Ms. Gies stated the Port Darlington Community Association will continue to attend meetings, but she feels the Committee effectiveness would be improved if there were more community participation and urged Council to solicit other community representatives. Ms. Gies introduced Ruben Plaza, Environmental Manager to present details of St Marys Cement operations. Through use of a PowerPoint presentation, Mr. Plaza reviewed the West Side Marsh project, a 25.7 hectare of land transferred to the Central Lake Ontario Conservation Area's control and designated as a conservation area in 2006. Mr. Plaza stated St Marys has invested $9.4 million in the project which provides habitat to over 250 species of birds and rare plants and provides a unique habitat for migratory birds, amphibians, fish and small mammals. Mr. Plaza reviewed environmental performance including ISO 14001 and Energy Certification and highlighted Environmental Awards such as the PCA Chairman's Performance Safety Award, which is given to the top five companies in North America, the PCA Environmental Award 2007/2008 for the reduction of emissions and the marsh project and the 2007 CIPEC Energy Leadership Award (NRCan), noting St Marys is listed by the Ministry as one of ten companies that are making a difference. Mr. Plaza reviewed SO2 and NOx emissions, noting the company was over their allowances in 2010, but below Ministry of the Environment limits for the period 2006 to 2010. Mr. Plaza introduced Michael Smith, Mining Manager, who reviewed an aerial photo of the quarry and the plant. Mr. Smith indicated St Marys monitors both ground vibration and air vibration as part of the monitoring process. He noted in 2010, there was one ground vibration which exceeded the Provincial standard guideline in September and one exceedence of air vibration limits in January. He indicated St Marys has responded to these exceedences by changing the method in which blasts are detonated which has provided good results. He noted the company tracks community complaints for blasting, dust and plume and that the majority of complaints received related to blasting in December. Mr. Smith indicated that the company received an abnormally high number of complaints during the holiday season, and that this year they will not blast during that time period. Mr. Smith highlighted the 2011 outlook stating St Marys continues to be commitment to reducing stack emissions for NOX an SOX, to maintaining and improving mining blasting to reduce exceedences and to improve their relationship with neighbours. The company is also continuing to work with local charities and will continue to share their facility with their neighbours through their Annual Open Houses. Mr. Smith highlighted various committee initiatives and sponsorships that benefit the community. He also advised of the success of this year's Open House where approximately 1100 visitors toured the plant and quarry. Mr. Smith thanked Council for allowing St Marys to provide an Annual Update. Mr. Plaza introduced Martin Vroegh, Wilson Little and Fabio Garcia, St Marys staff who were also in attendance this evening. Council Meeting Minutes - 5 - July 4, 2011 DELEGATIONS Libby Racansky addressed Council concerning Item 8 of Report # 1 — Report PSD- 060 -11 — Authorization to Execute Subdivision Agreement — Claret Investments Draft Approved Plan of Subdivision 18T- 94027. Ms. Racansky expressed concern with the impacts on the ecosystem and neighbourhood resulting from the development of the two plans of subdivision and questioned how the wetland, Area of Natural and Scientific Interest (ANSI), with the only stream left in the neighbourhood, would not be affected by sewer, water, storm sewer and a pathway bisecting right through it. Ms. Racansky stated that on June 16th a petition signed by approximately 100 area residents was submitted for the protection of two wetlands which was referred to staff noting that one wetland has been cleared of trees. Ms. Racansky referenced an Ontario Municipal Board decision indicating that there should be appropriate measures to protect the lands adjacent to the two plans of subdivision but that the wetland in question is not adjacent to the approved lands and it needs more protection. Ms. Racansky stated all conditions of the Ontario Municipal Board Decision should be complied with, not just Condition #29. Ms. Racansky proposed mitigation measures to offset negative effects of development and to prevent further damage. Suggestions included reversing the housing line with the road located right at the wetland which would not affect the number of units, tunneling the services rather than removing the vegetation, building an overpass over the wetland for residents walking to the Park, not extending George Reynolds Drive, providing compensation for clearing and removal of endangered species and creating a new wetland in the park where cedars from the Headgate development could be used. Ms. Racansky urged Council to ensure responsible and sustainable development . occurs and not to leave these matters up to developers, as there will be no turning back once the damage is done. Richard Lyall, President, Residential Construction Council of Ontario ( RESCON) and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario ( RCCAO) addressed Council concerning Item D — 7 - Consequences of Rising Government - Imposed Costs on Housing Affordability. Mr. Lyall distributed a brochure entitled "Reducing Hidden Housing Costs" — Making Home Ownership Affordable for Working Families. He stated RESCON and RCCAO share the concern that the construction industry is getting to the point where they can't build homes for working families because government- imposed costs are driving up the cost of building and buying new homes. He noted that while incomes have not increased, housing costs have doubled and tripled making home ownership increasingly out of reach for Ontario's working families. Mr. Lyall stated the organizations feel that the trend of historically low interest rates will not continue indefinitely and when rates increase, they will have serious consequences and tremendous implications for economic development and growth. Mr. Lyall stated that these costs need to be brought under control and an investigation carried out as to where savings can be found. Mr. Lyall confirmed that they have a meeting scheduled with the Minister of Housing who has requested input on how to address these cost factors. Council Meeting Minutes - 6 - duly 4, 2011 Mr. Manahan addressed the report "Alternatives to Development Charges for Growth Related Capital Costs" indicating that the document was prepared by Professor David Amborski from Ryerson University who was strictly commissioned for providing advice. He compared the housing inflation index over the past decade with the spike in development charges and while he concurred that growth should pay for growth; he indicated that there were some areas that have room for innovation. Mr. Manahan stated the organizations were not here to criticize but that they want to work with the industry, municipalities and the Association of Municipalities of Ontario with respect to the development charges. Karen McArthur addressed Council concerning Item 2 of Report #1 — Amendments to Noise By -law. Ms. McArthur quoted a federal government study indicating that "Noise is more than a nuisance since it constitutes a real and present danger to people's health" and that studies are continuing to bring forth increasingly strong and frightening evidence that this is true. Ms. McArthur expressed concern that the recent noise testing undertaken by Paul Young for the Orono Gun Club would not fulfill the requirements of a proper noise test because it did not use the "Predictable Worst Case Impact ". Ms. McArthur stated that residents disagree with using 70db as the upper limit because it is too loud and that if decibel levels are to be used as the criteria for the bylaw, the level of 50db be used as the upper limit. She stated anything higher still leaves residents' health and enjoyment of their homes at great risk. She stated the current noise from the gun club causes negative reactions in children and stress to residents who must move indoors, shut windows, insert ear plugs, stop entertaining and also worry about the devaluation of their property. Ms. McArthur provided a comparison between the membership and logistics of the Orono Gun Club to the Union Gun Club, noting the Orono Gun Club has more members and operates on a smaller piece of property closer to a community with no sound berms. She expressed concern that the by -law does not address the increased frequency of shooting. Ms. McArthur urged Council to ensure that a 50db upper limit be imposed, that the Orono Gun Club consult with an expert in sound abatement to ensure that any sound berm built be in the proper location and properly designed and constructed and that municipal staff oversee the project, that the by -law be based on the Ontario Environmental Protection Act, that the Orono Gun Club be required to return to the long- established pattern of club members shooting twice a week, that outside groups seek more appropriate locations and that residents be provided with an accurate and complete list of all days shooting will occur and advised of changes in a timely fashion and that the By -law be effective September 1, 2011. Ms. McArthur stated that the Orono Gun Club, in a letter dated August 27, 2008, had indicated that they were prepared to construct berms but noted that the correspondence does not mention that construction would be conditional on the Club being able to purchase the road allowance from the municipality. She expressed concern that it has been three years and no berms have been built. Ms. McArthur urged Council to protect the rights of the Leskard community. Ms. McArthur submitted a written copy of her delegation. Greg Farrant, Ontario Federation of Anglers and Hunters was called but was not in attendance. Council Meeting Minutes - 7 - July 4, 2011 Resolution #C- 328 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:50 p.m. Resolution #C -329 -11 Moved by Councillor Woo, seconded by Councillor Novak THAT the Order of the Agenda be altered to consider Item #2 of Report #1 at this time. COMMITTEE REPORT(S) Item #2 Resolution #C- 330 -11 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD- 017 -11 be received; THAT the amendment to the Noise By -law attached to Report CLD- 017 -11 be forwarded to Council for approval; THAT the interested parties listed in Report CLD -017 -11 be advised of Council's actions; THAT the shooting clubs, area residents and staff communicate on how they can move forward on this matter to meet the limits as set forth in the proposed draft by -law in items 1 and 2 with an effective date of November 1, 2011; THAT reference to The Marksmen Gun Club, section 3.1(c) of the proposed by -law, be deleted; and THAT Section 3.0 be deleted from the proposed by -law. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motions) Council Meeting Minutes - 8 - July 4, 2011 Resolution #C- 331 -11 Moved by Councillor Partner, seconded by Councillor Novak THAT the foregoing Resolution #C- 330 -11 be amended by adding: THAT all approved indoor shooting ranges be exempt from the curfew. Resolution #C- 332 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing Resolution #C- 330 -11 be further amended in the fourth paragraph by adding the words "law enforcement agencies" after the words "shooting clubs ", replacing the effective date of the by -law from November 1, 2011, to the September 19, 2011. CARRIED LATER IN THE MEETING (See following motions) Resolution #C- 333 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow Members of Council to speak to the matter more than once. 1 9 The foregoing Resolution #C- 332 -11 was then put to a vote and CARRIED. Resolution #C- 334 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #C- 330 -11 be further amended as follows: THAT Section 3.3.3 of the proposed by -law be amended by deleting the word "Council" in the first and last lines and replacing it with the words "appropriate staff." CARRIED The foregoing Resolution #C- 330 -11 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 9 - July 4, 2011 COMMUNICATIONS Resolution #C- 335 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 7 and 1- 12. I- 1 Minutes of the Newcastle Memorial Arena Management Board dated May 10, 2011 1 - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 14, 2011 1 - 3 Minutes of the Clarington Agricultural Advisory Committee dated June 9, 2011 1 - 4 Minutes of the Clarington Museums and Archives Board dated May 11, 2011 1 - 5 Minutes of the Central Lake Ontario Conservation Authority dated June 21, 2011, Central Lake Ontario Source Protection Authority dated June 21, 2011 and Central Lake Ontario Conservation Fund dated June 21, 2011 1 - 6 Minutes of the Clarington Accessibility Advisory Committee dated June 1, 2011 1 - 8 Linda Gasser writing to Ray Benns, Chair, Ganaraska Region Conservation Authority (GRCA), expressing concern with the approval of a permit application to dump fill at Morgans Road in Clarington; suggesting that a process be implemented to ensure that the affected municipality is advised of permit applications and be permitted to review and comment; suggesting that the GRCA closely monitor the fill operation on Morgans Road to ensure that no fill activity continues after the current permit expires June 30th; encouraging the GRCA Board to direct staff to ensure they have sought status at the Environmental Tribunal .Review Hearing on July 13th regarding the new permit application; suggesting that the GRCA staff and Board monitor any draft by -law developed by the Region to address commercial fill dumping; and, requesting to be advised of the Board's decision on the Morgans Road dumping and any decision on the new permit for that site. Council Meeting Minutes - 10- July 4, 2011 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Wilkinson, Minister of the Environment, advising that on June 8, 2011, Regional Council adopted the following resolution pertaining to an update on the Source Water Protection Planning Process Affecting Durham: "a) THAT the Ministry of the Environment (MOE) be requested to: i) ensure that policies within the source protection plans are consistent across source protection regions; and ii) continue funding of the source water protection program including: additional research and modelling by the Lake Ontario Collaborative to support emergency management related to spills; and 2. the research, implementation and enforcement of the source protection plans; b) THAT staff be directed to continue discussions with the Province to review funding opportunities for Durham Region and the local municipalities to implement improvements to source water contributaries; and c) THAT a copy of Joint Report No. 2011 -J -27 of the Commissioners of Finance, Health, Planning and Economic Development, and Works be forwarded to the Association of Municipalities of Ontario, the Durham source protection authorities, the Great Lakes — St. Lawrence Cities Initiative and the eight local area municipalities for information." 1 - 10 Blair Labelle, Manager, Legislative Services /Deputy Clerk, Town of Ajax, advising Council that on June 13, 2011, the Town of Ajax adopted the following resolution pertaining to Durham Economic Development Partnership Committee (DEDPC): "THAT the report on the Durham Economic Development Partnership Committee be received for information; and THAT the report be circulated to the Clerks of the Region of Durham Municipalities." Council Meeting Minutes - 11 - July 4, 2011 1- 11 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding a copy of the Amended DurhamNork Energy from Waste Complaint Protocol for Design, Construction and Operations (June 20, 2011); and, advising that the document is also available on line at http: / /www.durhamyorkwaste.ca /project /whats new.htm and http:// www. durhamyorkwaste .ca /pro'ect/pro'ect doc.htm. 1 - 7 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, writing to the Honourable Joe Oliver, Minister of Natural Resources and to the Honourable Peter Kent, Minister of Environment, assuring the Federal government that the Region of Durham is an informed and willing host for the proposed Darlington Nuclear Generation Project; indicating however, that Regional Council strongly opposes a facility design that includes cooling towers due to the significant visual impact on the community, the negative environmental impacts including soil excavation and the vehicle air emissions, noise and dust that will be created; advising that the lake - based cooling system is associated with CANDU reactors and is used in current nuclear generating facilities, and from an economic development perspective it is the Region's preference to use Canadian technology; and, urging the government to approve the Darlington New Nuclear Project with the condition that the plant design should not include cooling towers. The correspondence also indicates that an updated Nuclear Liability Act is a high priority for Durham Region and he trusts that the revised Act will be passed expeditiously. Resolution #C- 336 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item I — 7 from Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, with respect to the Proposed Nuclear Generation Project in Durham Region, be endorsed. "CARRIED" Council Meeting Minutes -12- July 4, 2011 1 - 12 Linda Gasser forwarding a copy of her delegation comments to the Regional Works Committee on June 15, 2011, regarding the Durham Incinerator Project Update, a copy of the January 2011 York Region Staff Report and a copy of a memorandum dated November 23, 2010 from Jim McKay, HDR regarding the EA Conditions of Approval and Requirements to Ensure Compliance. Ms. Gasser expressed concern that no risk assessment or medical review has been done on the increased emissions as now shown in the Certificate of Approval, that Regional staff is petitioning the Ministry of the Environment to amend EA conditions regarding the submission of monitoring plans which were required to be submitted at specific points before start of construction to one month following approval of the C of A, and that the EFWAC is not operating in a manner consistent with the Minister's condition. She is requesting staff to prepare a written update report for the June 29th Regional Council meeting regarding the project including estimated costs to address more stringent EA conditions than expected, timing of development and content of monitoring plans including estimated costs, and to require staff to demonstrate how their operation of the EFWAC meets Condition 8 including external legal counsel's billing; and, that Dr. Kyle be requested to advise Council on who would conduct an updated health risk assessment on the increased emissions in the C of A ESDM report and corrected data in the risk assessment, who he would recommend to do a qualified medical review of the potential health impacts and what steps will be taken to ensure this is done prior to the Ministry of the Environment rendering a decision on the C of A application. Resolution #C- 337 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item I — 12 from Linda Gasser, with respect to the Durham Incinerator Project Update, be referred to staff. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C- 338 -11 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Items D - 1 and D - 3 be approved as per the agenda. "CARRIED" Council Meeting Minutes - 13 - July 4, 2011 D - 1 Barb Lempen- Pecman requesting to hold a fireworks display on Saturday, July 9, 2011, (rain date of July 16, 2011) at 845 Arthur Street in Newcastle as part of a family get- together with relatives from Switzerland and Canada. (Approved provided the organizers obtain a fireworks permit from the Municipal Law Enforcement Division) D - 3 Donald G. Duthie, CD, Major (Ret), Sponsoring Committee Chairman, 172 Clarington Squadron Royal Canadian Air Cadets requesting permission to hold Tag Days from Thursday to Sunday, September 29 to October 2, 2011 in and around the Clarington Area to allow the Squadron to raise funds to finance activities such as weekend exercises, citizenship tours or trips to museums which are not funded by sponsors of the Department of National Defense. (Tag Days approved for the 172 Clarington Squadron Royal Canadian Air Cadets from September 29 to October 2, 2011) D - 2 John Witheridge, Chair, Clarington Museums and Archives Board, requesting the transfer of funds from the Bowmanville Museum Reserve Funds into the Operating Accounts for Clarington Museums and Archives to cover improvements to the Sarah Jane Williams Heritage Centre. The transfer will reimburse the Operating Accounts of the Clarington Museums and Archives for past expenses that were intended to be covered through the museum reserve accounts and is a one time, unique event. Resolution #C- 339 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the transfer of $29,634.54 from the Bowmanville Museum Reserve Fund to the Operating Accounts for Clarington Museum and Archives to cover the costs of building improvements to the Sarah Jane Williams Heritage Centre be approved. "CARRIED" D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 8; 2011, Regional Council adopted the following resolution pertaining to Provincial Offences Court Services — Shortage of Judicial Resources: "a) THAT the Region of Durham requests: Council Meeting Minutes -14- July 4, 2011 i) the Attorney General immediately appoint sufficient Justices of the Peace in the Central East Region to resolve the shortage; ii) the Attorney General work with Ontario's Minister of Finance to identify new resources to address the Justice of the Peace shortage in the Provincial Budget; iii) the Province assign per diem Justices of the Peace from other jurisdictions to Durham until full -time justices can be appointed and assigned; iv) the Attorney General develop a replacement /succession strategy for future Justice of the Peace retirements so that further shortages do not continue to occur; and v) the foregoing recommendations be forwarded to the area municipalities with a request that they endorse them; and b) THAT a copy of this resolution be forwarded to the Premier, the Attorney General, the Minister of Municipal Affairs and Housing, the Minister of Community Safety, the Association of Municipalities of Ontario (AMO) and the Municipal Section of the Ontario Bar Association, Chief Justice Annemarie E. Bonkalo and Associate Chief Justice /Coordinator of the Justices of the Peace John A. Payne, the Ontario Court of Justice, Ontario Association of Chiefs of Police, Municipal Court Managers' Association, Prosecutors' Association of Ontario and Durham MPP's." Resolution #C- 340 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Durham, with respect to Provincial Offences Court Services — Shortage of Judicial Resources, be endorsed. '10. _ _1 D - 5 Jay Fox, President, Fox Family RoadRacing, Alberta Mini Roadracing Association, requesting permission for the Canadian Royal Snowbirds to perform a 500' flat fly -by at Mosport International Raceway on Sunday, August 21, 2011, at 11:00 a.m. The correspondence indicates that the request is a formality and a common courtesy the Snowbirds ask for at every event. Council Meeting Minutes -15- July 4, 2011 Resolution #C -341 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Correspondence Item D — 5 from Jay Fox, President, Fox Family RoadRacing, Alberta Mini Roadracing Association, with respect to a Canadian Royal Snowbirds fly -by, be endorsed, provided the neighbours are made aware of the event. D - 6 Ralph Tukker, Chair, Board of Directors, BFM (Bowmanville) Enterprises Society, expressing concern with unsellable items and furniture being left on their property when the store is closed; advising that the thrift store has no option but to take these items to the Regional Waste Disposal.Site using their energy, gas, time and money; and, requesting the Municipality's assistance in either providing the thrift store with a "pass" to be used at the Regional Waste Disposal Site which would exempt them from the dumping fee, or requesting approval from Durham Region Waste Management to permit the thrift store to occasionally put out larger items with their weekly garbage pickup. Resolution #C- 342 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D — 6 from Ralph Tukker, Chair, Board of Directors, BFM (Bowmanville) Enterprises Society, with respect to problems with illegal dumping of unsellable items, be referred to staff of the Durham Regional Works Department and to Municipal staff. "CARRIED" D - 7 Richard Lyall, President, Residential Construction Council of Ontario ( RCCAO), and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario (RESCON), expressing concern with respect to increased fees, charges and regulatory costs which add significantly to the cost of new housing in Ontario; advising of two studies commissioned by RCCAO and RESCON which have revealed that provincial and municipal governments have fuelled much of these increases; indicating that alternative funding models and new approaches are required in order to stem the rapid rise in costs and mitigate the unfair burden on housing consumers; Council Meeting Minutes -16- July 4, 2011 and, requesting to discuss the findings of these reports and to begin dialogue with Durham municipalities and others on solutions that are necessary to build and sustain a stronger foundation for economic growth through Ontario's construction and building sector. Resolution #C -343 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D — 7 from Richard Lyall, President, Residential Construction Council of Ontario (RCCAO), and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario (RESCON), with respect to consequences of rising Government - imposed costs on housing affordability, be received for information. mum-lei •:: COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report June 27, 2011. Resolution #C- 344 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 27, 2011 be approved, with the exception of Items #6, #8, #14, and #17. "CARRIED" Councillor Neal stated a pecuniary interest with respect to Item #6 of Report #1 as he has previously represented Mr. Veltri and left the Council Chambers during discussion and voting on this matter. Item #6 Resolution #C- 345 -11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD -058 -11 be received; THAT the proposed Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision 18T -89048 to delete the requirement for a pedestrian connection, as contained in Attachment 3 of Report PSD -05 -11 be approved; and Council Meeting Minutes -17- July 4, 2011 THAT the Region of Durham, Kawartha Pine Ridge District School Board, and the interested parties listed in Report PSD- 058 -11 be advised of Council's decision. 15 111111191 Councillor Neal returned to the meeting. Item #8 Resolution #C -346- Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD- 060 -11 be received; and THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement with the Owner of the lands subject to Draft Plan of Subdivision 18T- 94027. "CARRIED" Item #14 Resolution #C- 347 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report CAO- 005 -11 be referred to the 2012 budget discussions. "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 Council Meeting Minutes - 18 - July 4, 2011 Item #17 Resolution #C- 348 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Resolution #CGPA -13 -11 passed in Closed Session be ratified. "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 STAFF REPORT(S) UNFINISHED BUSINESS Resolution #C- 349 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Glenda Gies, Port Darlington Community Association, Co- Chair, St Marys Community Relations Committee, Reuben Plaza, Environmental Manager and Michael Smith, Mining Manager, St Marys Cement, be received with thanks. ME BY -LAWS Resolution #C- 350 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -laws 2011 -067 to 2011 -073 2011 -067 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (1804603 Ontario Inc.) Council Meeting Minutes _19- July 4, 2011 2011 -068 Being a by -law to amend Noise By -law 2007 -071 2011 -069 Being a by -law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2011 -070 Being a by -law to stop up and close and to authorize the conveyance of a road allowance 2011 -071 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Prestonvale Developments Inc.) 2011 -072 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Ontario Power Generation Inc.) 2011 -073 Being a by -law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -94027 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -94027 and required external servicing; and THAT the said by -laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Woo indicated that Canadian National Railway will be undertaking tie replacement on the Kingston subdivision corridor to maintain safe and efficient infrastructure. Work on Port Darlington Road South will be completed on July 12t" between 9:00 p.m. and 7:00 a.m. noting that traffic may be required to use Bennett Road or Waverley Road. There will also be some work done on Lakeshore Road between Jaynes Road and Newtonville Road and Darlington Park Road. Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By -law and left the meeting. Council Meeting Minutes -20- July 4, 2011 CONFIRMING BY-LAW Resolution #C- 351 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -law 2011 -074, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4t" day of July, 2011; and THAT the said by -law be approved. "CARRIED" ADJOURNMENT Resolution #C- 352 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 10:17 p.m. •; MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS July 18, 2011 a) Diana Curle - Application to Amend the Zoning By -law 84 -63 and Amend the Official Plan (1351739 Ontario Limited) (Item 3 of Report #1) b) Ron Collis, Chair, 2011 Clarington Arts & Music Festival — CAMfest (Correspondence Item 1-14) C) Doug Ives - Report PSD- 062 -11 - Application to Amend the Zoning By -law 84 -63 Margaret and Wes Knapp (Item 1 of Unfinished Business) SUMMARY OF CORRESPONDENCE JULY 18, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Clarington Agricultural Advisory Committee dated . July 7, 2011 (Copy attached) 1 - 2 Minutes of the Ganaraska Region Conservation Authority, dated May 19, 2011 (Copy attached) 1 - 3 Minutes of the Durham Nuclear Health Committee (DNHC), dated June 17, 2011 (Copy attached) 1 - 4 Minutes of the Clarington Heritage Committee, dated June 21, 2011 (Copy attached) 1 - 5 Dan D'Aliesio, Supervisor, Customer Service, Durham Region Transit, writing to Wallace Boughen, thanking him for submitting a petition requesting additional transit services to Newtonville; advising Mr. Boughen that the petition and other Durham Region Transit service enhancement proposals will be. included on the Transit Executive Committee Agenda for 2012 budget considerations; and, indicating that Durham Region Transit will continue to do all that they can to deliver the best service possible to their patrons. 1 - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to Premier Dalton McGuinty advising that on June 28, 2011, the City of Oshawa adopted the following resolution pertaining to issues related to Highway 407 Extension: "WHEREAS Mayor Henry wrote letters dated March 15, 2011 and April 20, 2011 to Premier McGuinty and Minister 'of Transportation Wynne in respect to funding and other issues associated with the Highway 407 East Extension (see Attachments 1 and 2); and, WHEREAS Mayor Henry received a response from Minister Wynne dated June 16, 2011 which, respectfully, is not clear on the funding and nature of improvements on the Provincial Highway 407 East right -of -way and on impacted City and Regional road right -of -ways and Highway 401 (see Attachment 3); and, Summary of Correspondence - 2 - July 18, 2011 WHEREAS Planning Services staff received a letter dated June 16, 2011 from Ministry of Transportation staff regarding future improvements to Highway 401 including the Harmony Road interchange which, respectfully, mirrors the Minister's letter and is not clear o_n the scope, timing and funding responsibility Highway 401 improvements some of which must be coordinated with the opening of Highway 407 East (see Attachment 4); and, WHEREAS the Province has advised it will not release the entire Highway 407 RFP including schedules to the host municipalities along the Highway 407 East Extension so that said municipalities can see what the Province is requiring the bidders to build and finance (e.g. size and nature of bridges and underpasses and whether these can accommodate /include bike and pedestrian facilities, sidewalks, streetlights, cycling lanes, etc.) and what costs and capital works the Province is planning.to transfer to host municipalities; THEREFORE BE IT RESOLVED: (a) That Mayor Henry and staff continue their efforts to achieve fairness and clarity on: a. Municipal costs and responsibilities associated with accommodating Highway 407 East and its impacts and to advance a mutually acceptable funding program; and, b. The future Highway 401 planning study, potential improvements, timing and coordination with the Highway 407 East Phase 1 opening and funding responsibilities. (b) That the Province be requested to immediately release all of the Highway 407 RFP documents including all schedules to the Highway 407 East host municipalities." 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Porcelain Collection and Recycling Pilot Program: "a) THAT approval be given for the implementation of a porcelain collection and recycling pilot program in the Regional Municipality of Durham; b) THAT a Request for Quotations be authorized for the haulage and processing of porcelain fixtures (sinks,, toilets, tubs, etc.); Summary of Correspondence - 3 - July 18, 2011 c) THAT the implementation of the proposed porcelain collection and recycling pilot program be funded through the 2011 Waste Management Operating Budget; d) THAT the Regional Municipality of Durham coordinate with the City of Oshawa and the Town of Whitby to ensure that porcelain fixtures collected in these Municipalities are also recycled; e) THAT the Finance Department be authorized to execute the contract for haulage and processing and negotiate any necessary amendments to existing collection contracts; and f) THAT a copy of Report No. 2011 -WR -9 of the Commissioner of Works be distributed to the Area Municipalities for their information." 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Updated Partnership Memorandum between the Regional Municipality of Durham and the five Durham Area Conservation Authorities regarding Provincial delegation of plan review functions: "a) THAT Council endorse the updated Partnership Memorandum between the Region and the five Conservation Authorities within Durham Region regarding the Provincial delegation of Plan Review functions included in Attachment 1 to Report #2011 -P -54 of the Commissioner of Planning and Economic Development; b) THAT upon Council endorsement, the Regional Chair and Regional Clerk be authorized to execute the Partnership Memorandum between the Region and the five Conservation Authorities; c) THAT a copy of the signed Partnership Memorandum be circulated to the Conservation Authorities for execution; and d) THAT a copy of Report #2011 -P -54 be forwarded to the area municipalities for their information." Summary of Correspondence - 4 - July 18, 2011 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Energy From Waste — Waste Management Advisory Committee (EFW- WMAC): "THAT the Terms of Reference for the Energy from Waste — Waste Management Advisory Committee (EFW- WMAC), as agreed upon by the Regional Municipality of Durham and the Municipality of Clarington, be approved." 1 - 10 Heather Brooks, Director, Watershed Planning and Natural Heritage, Central Lake Ontario Conservation Authority, advising of the development of a watershed management plan for the Bowmanville /Soper Creeks in 2009; forwarding a copy of the draft Existing Conditions Report for review and comment; indicating a Community Information Session will be held at the Base Line Community Centre on Thursday, July 21, 2011, from 6:30 p.m. to 8 :30 p.m.; and, advising that comments will be received until September 15, 2011, and will be considered when the draft report is finalized and used in Phase 2 planning activities to develop specific strategies to maintain, improve and restore the watershed's integrity. The report can be accessed electronically at www.cloca.com under "Latest News ". I - 11 Lisa Baker, Chair, Enniskillen School Council, expressing appreciation to Council for the Community Grant received which will be added to the funds raised by the school community to purchase two small climbers for the school's playground. The playground also serves as the sole community park and the neighbours are also pleased to see a commitment to maintaining the park. 1 - 12 Doris Dumais, Director, Approvals Program, Environmental Assessment and Approvals Branch, Ministry of the Environment, forwarding Certificate of Approval #7306- 8FDKNX, a multi -media C of A for the Durham -York Energy Centre; indicating that comments received from the Municipality of Clarington and the public were considered by the Ministry as part of the decision; and, advising that further information and an explanation of how the comments were considered is available on the EBR Registry at www.ebr.gov.on.ca under EBR Registry Number 011 -2709. Questions and concerns are to be directed to Ian Parrott at 416- 314 -3636 or at Ian. Parrott(a)-ontario.ca. Summary of Correspondence - 5 - July 18, 2011 1- 13 The Honourable John Wilkinson, Minister of the Environment, thanking Council for their resolution on wind turbine development in Ontario; providing information about renewable energy, specifically, wind energy development; indicating renewable energy developers must comply with the Renewable Energy Approval (REA) Regulation (O.Reg. 359/09) if they want to develop a renewable energy project; highlighting mandatory requirements to ensure transparent decision - making and opportunities for public participation including consultation with local municipalities, posting of notices and holding of consultation meetings; ,advising of reviews of existing scientific evidence on the potential health impacts of wind turbines undertaken by Ontario's Chief Medical Officer of Health, undertaking of an independent research project at the University of Waterloo to provide advice on the potential health effects of renewable energy technology, including wind turbines; and the commissioning of noise experts to review scientific literature related to "low frequency noise" ; and, advising the Province is playing a leadership role in the development of an audible sound measurement protocol specific to wind facilities to ensure they meet the standards put in place under the REA. Further information is available at http: / /www.ene.gov.on.ca/ environment /en /subiect/renewable ener y/i ndex.htm. 1 - 14 Ron Collis, Chair, 2011 Clarington Arts & Music Festival, thanking Council for support of the 2011 Clarington Arts & Music Festival which will take place on August 20, 2011, at the Orono Fairground; indicating that the event will feature 12 hours of live entertainment, a family fun zone, a fresh food market and a gallery for over 50 artists and artisans to display their talents; and, hoping members will take part in a promotional exercise to help draw attention to the Clarington Arts & Music Festival. 1- 15 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, writing to Pierre Duhaime, President and CEO, SNC Lavalin, extending congratulations on behalf of the Board of Directors and Membership of the Clarington Board of Trade and Office of Economic Development regarding SNC Lavalin's recent purchase of the nuclear division of Atomic Energy of Canada Limited; indicating that Clarington has been a proud nuclear host community for 30'y ears and are in full support of the Darlington Refurbishment Project and the New Nuclear Development at Darlington; and,- Summary of Correspondence - 6 - July 18, 2011 advising the successful execution of the local nuclear projects is very important to the Board of Trade and offering to assist to complete the refurbishment project and bring the New Nuclear Project to Clarington safely, on time and on budget by availing their resources to SNC Lavalin and its supply chain partners. 1 - 16 Gail Faveri, P. Eng., Secretary of the Canadian Section, International St. Lawrence River Board of Control, requesting Council's assistance in publicizing their bi- annual public meeting /teleconference on Tuesday, September 20, 2011, from 7:00 p.m. — 8:30 p.m. in Cornwall. The event will provide information on the water levels and flows of Lake Ontario /St. Lawrence River System and will invite comments and questions from residents on how the current water levels and flows are affecting them. To participate by telephone, call toll free 1- 877 - 413 -4814 between 6:45 p.m. and 6;55 p.m. (English access code: 8225560 or French access code: 7333134) or in person at the Ramada Inn, 805 Brookdale Avenue, Cornwall. Meeting material can be downloaded from the Board's website at http: / /iic.org /conseil board /isirbc /en /activities.htm. CORRESPONDENCE FOR DIRECTION D - 1 Cheryl Green, Administrative and Event Facilitator, Diabetes Coordinating Office, Durham Region Diabetes Network, requesting Council to proclaim November 14, 2011, as World Diabetes Day, to assist in educating the public about diabetes and its complications. In support of World Diabetes Day, DRDN will be hosting several events including Durham Diabetes Day on November 5, 2011, a free event providing awareness, education, motivation and support for people in Durham Region living with diabetes. (Motion to Proclaim) D - 2 Kathy Crowhurst, Lupus Foundation of Ontario, requesting the month of October be declared as "Lupus Awareness Month" to advise the public of the Lupus Foundation of Ontario and to increase public awareness of the debilitating impact of lupus; and, requesting the Lupus Flag be flown to allow for visibility and recognition. (Motion to Proclaim and to approve flying of the Lupus Flag) Summary of Correspondence - 7 - July 18, 2011 D - 3 Randy Cowan, Director, Orono Fair Committee, requesting that the Orono Fair to be held on September 8 to 11, 2011, be designated as a community event as required for various permits and to recognize the hard work that is undertaken by the many volunteers that it takes to run such a fair. (Motion to approve the designation of the Orono Fair to be held September 8, 9, 10, and 11, 2011, as a community event) D - 4 Jennifer Vincelli, Hospital for Sick Children, Division of Haematology /Oncology, requesting that September 16, 2011, be proclaimed as Childhood Cancer Awareness Day to raise public awareness around the issues associated with pediatric cancer. (Motion to Proclaim) D - 5 Lynda Motschenbacher requesting a six -month extension to building permit 10.0211 for construction of a new single family home at 8535 Ormiston Road; indicating that she and her husband are building the house themselves and are currently in the process of sheeting the roof and preparing for the shingles; and, advising that they anticipate occupancy of the new house by March 2012. (Motion to approve a six month extension for the use of temporary living quarters at 8535 Ormiston Road subject to signing a further Letter of Undertaking. D - 6 Kelvin Whalen, P.Eng., Vice - President, Land Development, Kaitlin Group, requesting removal of part lot control to exempt Lots 1 to 19 of Plan 40M -2375 in the Port of Newcastle; advising that due to an oversight between the Kaitlin Group and the previous owners the request was not submitted earlier; indicating that a number of homes are currently slated for closing late July, August and early September and expressing concern that the owners will not be able to take position of their units and will be inconvenienced in their personal circumstances; and, requesting Council to consider enactment of a by -law to allow the completion and closing of the homes within the timeframes expected. (Motion to approve the request for Removal of Part Lot Control with respect to Lots 1 to 19 inclusive of Plan 40M -2375 and that the appropriate by -law be passed) Summary of Correspondence - 8 — July 18, 2011 D - 7 Christine Heller, advising of the increase in Lyme disease, an infectious disease of endemic proportions in Canada, that suppresses an individual's immune system; indicating the Province lacks adequate and accurate testing, the medical community lacks education on Lyme disease and treatment options are not available in Ontario; and, forwarding for endorsement a copy of a petition submitted to the Legislative Assembly of Ontario by Bob Bailey, MPP Sarnia- Lambton, requesting the Minister of Health to direct the Ontario Public Health system and OHIP to include all currently available scientifically verified tests for Acute and Chronic Lyme diagnosis, to do everything necessary to create public awareness of Lyme Disease in Ontario and to have internationally developed diagnostic and successful treatment protocols available to patients and physicians. (Motion for Direction) D - 8 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, expressing concern that the future of the Oak Ridges Moraine Foundation is in jeopardy; indicating that over the past eight years, the Foundation has worked with municipalities and partners in delivering a shared mission to restore headwaters on the Oak Ridges Moraine; advising that requests for renewed investment from the Province of Ontario have been ignored to date with closure looming for the Foundation and termination of its mission for headwaters recovery; and, requesting Council's support through a formal resolution and /or letter to Premier Dalton McGuinty and Minister Jim Bradley for renewed investment of $11 million over four years from the Province to continue to lead the mission for headwaters recovery on the Oak Ridges Moraine. (Motion for Direction) Summary of Correspondence - 9 - July 18, 2011 D - 9 Linda Gasser requesting Council to ensure that both the public and Council have the opportunity to review the DurhamNork Incinerator monitoring plans before they are submitted to the Ministry of the Environment; expressing concern that no meeting of the Energy - From -Waste Advisory Committee has been called to date to review the plans as mandated in EA Condition 8.8; requesting Council to make inquiries to the Project Team as to when the EFW AC would review the plans and to inquire as to the status of the development of the Ambient Air Monitoring Plan; indicating that the information needs to come forward in a report for public and Council review, with comments developed in time to be considered by Durham prior to submission to the Ministry of the Environment; and, requesting Council to identify a process that would ensure that Clarington Council reviews the monitoring plans prior to their submission. (Motion for Direction) I -1 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, JULY 7, 2011 MEMBERS PRESENT: Ted Watson Jenni Knox Brenda Metcalf Mary Ann Found John Cartwright arrived 7:40 Mark Bragg Don Rickard Councillor Wendy Partner STAFF: Faye Langmaid, Dean Jacobs REGRETS: Tom Barrie, Les Caswell, Eric Bowman, Marlene Werry, Gary Jeffery. Ted Watson welcomed all to the meeting, members of the committee introduced themselves. Adoption of Agenda 011 -14 Moved by Mary Ann Found, seconded by Donald Rickard "That the Agenda for July 7th, 2011 be., adopted" CARRIED = Approval of Minutes 011 -15 Moved by Brenda Metcalf, seconded by Jenni Knox "That the,-minutes of the.June .9th, 2011 meeting be approved.' CARRIED Guest: Dean Jacobs from Planning Services Department, Official Plan Review Dean thanked the committee for the invitation to attend their meeting. Dean provided a presentation on where-we are in the process of the Official. Plan Review: - (attached). Discussion during presentation focused on how to protect Class 1 soils . land from being developed on. Discussion regarding how to reverse decisions on lands that have been included within urban boundary areas that are prime agricultural and slated for development. If not possible to protect land inside urban areas, then it should be intensified so that expansion into whitebelt does not occur. How to protect whitebelt from future intrusions into it? Comments regarding how PSW's are sacrosanct but agricultural land that produces food is not treated the same way. Discussion on why aggregate resources appear to trump agriculture and PSW. Dean invited committee members to stay actively involved in the Official Plan review process. Ted thanked Dean and invited him to stay for remainder of meeting. Agricultural Advisory Committee of Clarington July 7, 2011 Business Arising Rural Funding Opportunity Meeting has been set with GRCA and CLOCA on the rural road planting idea for July 26th at 1 p.m. Ted and John volunteered to attend on behalf of committee. The Grand River CA has a program for funding of rural road and hedgerow planting. Issues to be addressed are: - dye back in maples can be attributed to salt on the roads - removal of trees that have Asian long -horn beetle and emerald ash borer (program similar to when elms were removed). Council Referrals — OPA #80, Provincially Significant Wetlands Planning has met with CLOCA, MNR, the landowners and facilitator.to see how issues can be explored and resolved. Have divided the area into clusters in relation to the. different wetlands to work on the issues. Wildlife Damage Faye read out the June 30 press release from Provincial government about program, no information has been received by the Clerk, will be passed on when received. Liaison Reports DAAC — September 15 is DAAC tour, Uxbridge area. There has been no meeting since the last'AACC meeting, no report. DRFA —No meeting .to, update on, however a �couple,of pieces of information; there will be a tour Sept 21st of 'Lake Simcoe to showcase work. The' ag trailer has been quite busy, attended Lakeview Park Canada Day, celebration and that was very interesting and hit a target audience that needs to_be given more attention. Waiting for robotic device to arrive, hopefully it is here for the fall fair season. Warning that PETA, and animal rights activists have targeted the GTA area, if you .encounter them best to not enter into discussion, realize they are filming, editing and posting to web, please report to Ontario Farm Animal Council. CBOT — Donald continue to provide invaluable advise. Clarington Farmer's Market — Not full yet but produce is behind schedule. Additional vendors are welcome. Other Business As a result of the discussion during the presentation on Official Plan, Mary Ann and Don will work with Faye on a motion that will be circulated before the next meeting to be presented to Council regarding the protection of Agricultural lands especially Class 1 soils. Agricultural Advisory Committee of Clarington July 7, 2011 Future Agendas Faye will, ask Marlene to provide' an overview on Durham Strategy for Development of the Agri - Food Industry at August Meeting. Kim Gavine from Oak Ridges Moraine Foundation about making a presentation for October. Wendy Partner moved to adjourn. CARRIED Next Meeting - August 25th, 2011. Faye will provide an update /overview on Port Granby project and end use concepts. Agricultural Advisory Committee of Clarington July 7,.2011 GANARASKA REGION CONSERVATION AUTHORITY 1 - 2 MINUTES OF THE FULL AUTHORITY May 19, 2011 FA 03/11 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:20 p.m. MEMBERS PRESENT: Raymond Benns, Chair - Township of Alnwick/Haldimand Mark Lovshin, Vice -Chair —Township of Hamilton Miriam Mutton — Town of Cobourg Forrest Rowden — Town of Cobourg Mary Lou Ellis - Municipality of Port Hope Wendy Partner — Municipality of Clarington Willie Woo — Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO /Secretary- Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Members of the Public ABSENT WITH REGRETS: Donna Cole — Township of Hamilton Greg Burns - Municipality of Port Hope John Fallis - Township of Cavan Monaghan ALSO ABSENT: Heather Stauble — City of Kawartha Lakes A moment of-silence was held, for the men and women in service who have given the supreme sacrifice. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 18/11 MOVED BY: SECONDED BY: Forrest Rowden Mary Lou Ellis THAT the Full Authority approve the minutes of the April 21, 2011 meeting. CARRIED. 4. Adoption of the Agenda The Chair stated that there are four additional permits which were emailed and distributed this evening as well. FA 19/11 MOVED BY: Mark Lovshin SECONDED BY: Wendy Partner Minutes FA 03/11 Page 2 THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations Beth Meszaros, Clarington Citizens for Clean Water and Soil made a presentation to the Full Authority in regards to large fill operations at Morgan's Road. A copy of her presentation was distributed to the Board members and has been placed in the minute book at the Ganaraska Region Conservation Authority. Members of the Board asked questions in regards to the testing of the wells of the neighbours. Ms. Meszaros stated that MOE has done testing. Mr. Woo asked several questions of Ms. Meszaros which included the jurisdictional responsibilities of this type of situation, the lobbying and the fact that Honourable John O'Toole has spoken to this fill operation in the legislature. Mr. Woo asked questions in regards to the expediency that the MOE order was put in place as well as questions in regards to the actions that could be taken by Ms. Meszaros and her group. Forrest Rowden stated that the Ganaraska Region Conservation Authority was also very concerned in regards to this situation. FA 20/11 MOVED BY: Wendy Partner SECONDED BY: Mary Lou Ellis THAT the Full Authority receives the presentation for information. CARRIED. 6. Presentations: a) Treetop Trekking Mike Wake, manager of Treetop Trekking (TTT), presented the Board with a new recreational business venture. Mr. Wake informed the members that this business proposal is sensitive to environmental areas and the company does consult arborists and engineers to construct the "park ". He further reported that trees are not affected by the platforms and the "cambium" of the tree is protected. The business is a 3 season operation and TTT has licenses with TSSA as Amusement Device operators. The members asked questions in regards to the size of the parks which it was stated the parks vary in size from 5 acres to as large as the demands warrants and the courses vary on experience level. Members asked questions regarding the hours of operations and the number of staff involved. FA 21/11 MOVED BY: Mark Lovshin SECONDED BY: Willie Woo THAT the Full Authority approve in principle the addition of a high ropes course to the permitted activities in the Central Forest, as described in the above staff report, and, FURTHER THAT staff report back to the Full Authority at the June meeting with responses from the insurance company and the Authority lawyer. CARRIED. Minutes FA 03/11 Page 3 7. Business Arisinq from Minutes: a) E- Boardroom Report FA 22/11 MOVED BY: Mary Lou Ellis SECONDED BY: Willie Woo THAT the Full Authority recommend that agendas be emailed to those Board members with the capabilities to run paperless, beginning in September 2011, and FURTHER THAT the Full Authority recommend the costs associated with the E- Boardroom proposal be included in the 2012 Preliminary Budget. CARRIED. b) Large Commercial Fill Operations The members discussed the staff report and the distribution of the motion. FA 23/11 MOVED BY: Forrest Rowden SECONDED BY: Willie Woo WHEREAS Conservation Authority regulations in Ontario apply to "other areas" (within 120 metres) of wetlands; and WHEREAS "other areas" are only regulated if development in these areas could interfere with the hydrologic function with the wetland; and WHEREAS the Section 142(8) of the Municipal Act exempts a landowner of the requirements of a Municipality's site alteration by -law, if a Conservation Authority has a regulation in effect; WHEREAS the Conservation Authority regulations requires an applicant to submit "A complete description of the type of fill proposed to be placed or dumped "; and WHEREAS it is beyond the resource capacity and scope of CA regulations to effectively deal with, large scale commercial fill operations; primarily with respect to the sources and quality of material they import; WHEREAS it is the position of the MOE that the regulation of fill sites; or filling activity is not addressable through its legislation; BE IT RESOLVED THAT the Ganaraska Region Conservation Authority request Conservation Ontario engage the Provincial government to develop and implement legislation to effectively deal with large scale commercial fill operations, and FURTHER THAT the Full Authority forward this motion to local MP's and MPP's and to the watershed municipalities, requesting the municipalities engage the Association of Municipalities of Ontario to also work towards addressing concerns regarding large commercial fill operations. CARRIED. Minutes FA 03/11 Page 4 FA 24/11 MOVED BY: Willie Woo SECONDED BY: Miriam Mutton THAT the Full Authority forward resolution FA 23/11 to all Conservation Authorities of Ontario thereby making the Conservation Authorities aware of large commercial fill operation concerns and requesting that the Conservation Authority circulate this resolution to their member municipalities and local MPPs. CARRIED. 8. Chair and CAO /Secretary- Treasurer Remarks The CAO /Secretary- Treasurer reported on the Municipality of Port Hope's business awards at which the Ganaraska Region Conservation Authority had won an award. She also stated that the summer students were all hired and day camp registration was going well. 9. Business from the Board Members Forrest Rowden commented on the orientation session hosted Pam Lancaster, Stewardship Technician on the Clean Water Healthy Land program stating it was well organized. Willie Woo spoke in regards to the motion just passed dealing with the large commercial fill operations. Wendy Partner announced a golf tournament that she is organizing later this month, "In the Face of An Angel" which is being organized as a fundraiser for ovarian cancer in honour of her mother. 10. Correspondence: FA 25/11 MOVED BY: Mary Lou Ellis SECONDED BY: Wendy Partner THAT correspondence item # 2 and # 3 be received and filed. CARRIED. FA 26/11 MOVED BY: SECONDED BY: Forrest Rowden Mark Lovshin THAT the Full Authority receive and file correspondence 4 as well as the reply. CARRIED. 11. Applications under Ontario Regulation 168/06: The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06- 1141 -04/11 — David Porter (Town of Cobourg) - Construction of a single family dwelling Minutes FA 03/11 Page 5 b) 168/06- 1142 -04/11 — David Porter (Town of Cobourg) — Construction of a single family dwelling c) 168/06- 1143 -04/11 — Henry Verrydt (Municipality of Clarington) — Construction of a single family dwelling, septic, workshop & minor fill placement for drainage d) 168/06- 1144 -05/11 — Fernando Rodrigues (Municipality of Clarington) — Construction of a 16'x 34' addition to an existing dwelling e) 168/06- 1145 -05/11 — Heartland Marina (Township of Hamilton) — Construction of a 4' x 6' wooden crib on concrete slab to support cantilever dock f) 168/06- 1146 -05/11 — Lorne Hartford (Town of Cobourg) - Construction of 20'x24' accessory storage structure g) 168/06- 1147 -05/11 — David West (Township of Hamilton) - Construction of single family dwelling and septic system h) 168106- 1148 -05111 — Jim Flanigan (Town of Cobourg) - Construction of a 16'x32' inground pool i) 168/06- 1149 -05/11 - Municipality of Clarington — Construction of a wooden viewing platform in Samuel Wilmot Nature Area j) 168/06- 1150 -05/11 —Andrew and Cynthia Brown (Municipality of Clarington) — Construction of a 16'x32' inground pool k) 168/06- 1151 -05/11 — Township of Hamilton — Directional drilling beneath a tributary crossing Harwood Road FA 27111 MOVED BY: SECONDED BY: Willie Woo Forrest Rowden THAT the Full Authority deal with the permits as a block. CARRIED. a a Miriam Mutton asked for clarification on a permit and Mary Lou Ellis asked for clarification of the relationship between an owner and the applicant on a permit. FA 28/11 MOVED BY: SECONDED BY: Mark Lovshin Wendy Partner THAT the Full Authority approve permits issued by the Executive. CARRIED. Permit applications requiring Full Authority discussion: a) Morgan's Road Application, Municipality of Clarington Staff presented the staff report for discussion. The members asked question in regards to the application and the process of the application and the permit. FA 29/11 MOVED BY: SECONDED BY: Forrest Rowden Mary Lou Ellis THAT the Full Authority receive the staff report for information purposes. CARRIED. Minutes FA 03/11 12. Committee Reports: None. 13. New Business: a) 2011 Budget FA 30/11 MOVED BY: SECONDED BY: Forrest Rowden Mark Lovshin THAT the Full Authority approve the 2011 Budget. CARRIED. Page 6 b) Update to Partnership Memorandum for Planning Services between the Regional Municipality Of Durham and Ganaraska Region Conservation Authority FA 31/11 MOVED BY: SECONDED BY: Wendy Partner Mary Lou Ellis THAT the Full Authority endorse the updated Update to Partnership Memorandum for Planning Services between the Regional Municipality Of Durham and Central Lake Ontario Conservation Authority, Toronto and Region Conservation Authority, Lake Simcoe Region Conservation Authority, Ganaraska Region Conservation Authority and Kawartha Region Conservation Authority, CARRIED. 14. Other Business None 15. Adjourn The meeting adjourned at 8:55 p.m. on a motion by Wendy Partner. CHAIR r4C�Ad/S E C RJET RY- TREASURER 51.1.JUI-08 pr-1 3*55:30 1-3 MINUTES OF MEETING LOCATION Durham Regional Headquarters 605 Rossland Road East Meeting Room I G Town of Whitby. Ontario ("M June 17, 2011 1:00 PM Health Department JUL. MEMBERS Dr. Robert Kyle, Durham Region Health Department (DRHD (Chair) Ms. Mary-Anne Pietrusiak, DRHD Mr. Raphael McCalla, Ontario Power Generation (OPG) Mr. Phil Dunn, Ontario Ministry of the gment 777777--- Dr. Barry Neil, Public Member : "J"TOO H — Mr, Carl Ferencz, Public Member REVIEVVE-Ef By Mr. Alex Heydon, Public Member Mr. Frank Bajurny, Public Member Cl G0Ufq:,,jL Y-COUNCIL ❑ FILE Mr. Marc Landry, Public Member DIREC Tj(),�j INFORMATION Mr. Hardev Bains, Public Member COPY'ro: Dr. David Gorman, Public Member ❑ MAYOR ❑ MEMBERS ❑ CAO ❑ COMMUNITY ❑ CORPORATE o p,![RCENCY PRESENTERS/ Mr. Brian Devitt, DRHD, (Secretary) SERVICES ' SERVICES SE2VICES OBSER"YT,RS Mr. Scott Berry, OPG, (Presenter) ❑ ENGINIERING ❑ IMUNICIPAt Q OPERATIONS SERVICES CLERK'S Mr. Terry Doran OPG, (Presenter) SE' V C CR P" ""Y IE' 0- LE' S 0 JR11 I I PAL Q OPE'A 'NS SERVICES CI -E K�S 0 LiCI 0 Q PLANNING ❑So I J TREASURY S UJ SOLICITOR Li , Ms. Canunie Cheng, OPG (Presenter) SERVICES 0 OTHER R Ms. Tiasi Ghosh, OPG (Presenter) 11 OTHER Ms. Tho-Dien Le, OPG Mr. Jonathan Liberia, OPG MUNICIPAL CLERK'S FILE-__ Mr. Mark Giles.- Port Hope Area Initiative (Presenter) Ms. Janice Szwarz, Municipality of Clarington Ms. Christine Drimmie, Office of the Regional Chair and CAO Ms. Dorothy Skinner, Durham Region Planning Department REGRETS Ms. Judy Herod, Port Hope Area Initiative Dr. Tony Waker, UOIT Mr. Ken Gorman, DRHD Mr. Jansen Wu, Public Member '4 Robert Kyle opened the nieeting, welcomed everyone or., behalf of the Health Department -kvh10 was hosting the meeting today. 1-0 Adoption of the DHC Agenda The Revised Agenda was adopted. 2.0 Adoption of the DNHC Minutes of the April 154 2011 meeting The Minutes were adopted as ivritten. .3 ®0 .3.0 Correspondence 3.1 Robert Kyle's office received the minutes of the Pickering Nuclear Generating Station Commuinity Advisory Council for March and April 2011. 1.2 Robert Kyle's office received the results for 2010 of OPG's Radiological Environmental Monitoring Prog I ,rams dated April 16, 20' 1. 3.3 Robert Kyle's office received a letter from Bill Robinson, Executive Vice President, Nuclear Refurbishment, Projects and Support for OPG, concerning the Darlington Nuclear Station Refurbishment and Continued Operation Project and the letter was dated April 28, 2011. 3.4 Robert Kyle's office received the news release from Debra Myles concerning the Joint Review Panel's examination of OPG's proposed measures for the Darlington New Nuclear Power Plant Project to ensure compliance with the Nuclear Security Regulations and the session was conducted on May 12, 2011. 3 l .5 Robert Kyle's office received an invitation to attend the Port Granby Project Discussion Group Meeting at the Newtonville Hall on May 4, 2011. 3.6 Robert Kyle's office received a news release from Don Terry, Manager of Public Affairs at Pickering Nuclear, concerning several significant milestones achieved by OPG dated May 18, 2001. 3.7 Robert Kyle's office received a news release from the Joint Review Panel amiouncing it will deliver a report to the Minister of the Envirom-nent within 90 days for the Darlington New Nuclear Power Plant Project dated June 3, 2011. 3.9 Robert Kyle's office received the CNSC's Summary Report Verifying Nuclear Energy Worker Radiation Risk: A Reanalysis of Cancer Mortality in Canadian Nuclear Energy Workers from 1957-1994 and the summary report was dated June 3, 2011. 4.1 Report on OP * G's Proposed Deep Geological Repository for Low and Intermediate Level evel Nuclear Waste TerrY Doran, Vice President, Nuclear Waste Management for OPG, provided a very interesting presentation of the proposed Deep Geological Repository (DGR) Project for Low and Intermediate Level Nuclear Waste Site planned for construction at the Bruce Nuclear Site. The highlights of Terry's presentation were: • The proposed DGR location is located one kilometer inland from Lake Huron at the Bruce Nuclear Site. • OPG will be owner and operator of the DRO and it will be used only for OPG's low and intermediate level nuclear waste. • The Bruce Nuclear Site is ideally suited for the DGR because of the natural attributes of the rock. • The DGR site details include: • Safe long-terin storage for OPG's low and intermediate level nuclear waste. • The DGR site will not be used for used nuclear fuel. • There is strong community support for the proposed project. • The DGR is located 680 metres below the ground surface. • The DGR capacity is 200,000 cubic metres of waste. • The DGR will be capable of year-round operations. • The DGR will be capable of transporting packages weighing 35 tonnes. o There Mll be space at the site for waste rock. • Four years of investigation and studies have concluded the DGR Project will not have any significant adverse effects on the public or the environment. • Results of the geological studies show the following: • Rock formations are predictable • Multiple natural barriers will safely isolate and contain the waste for thousands of years • The natural resource potential is low • Shallow groundwater resources are well isolated Terry indicated the Next Steps for the Project in 2011 are: • A Joint Review Panel will be appointed. • Participant finding will be awarded. • Public review period will be set for the Environmental Impact Statement. • The profile of the DGR will increase during the comment period. The Next Steps for the Project from 2012 to 2019 are: * Public Hearings will be held before the Joint Review Panel. * Opportunities will be provided for the public and aboriginal peoples to participate. * The Joint Review Panel will prepare a report with recommendations for the federal Minister of the Environment. The Minister of the Environment will take a report to Cabinet for a Decision on the Project. * In 2013, construction of the DGR will begin. * In 2019, the DGR will be operational. Terij I y Doran or his staff will keep the DEC updated on the progress of the DGR at tie Bruce Nuclear Site. The slides that Terry used are attached as Ampendix I and more in-forrnation on the DGR is available on the OPG website at 4.2 Report from OPG concerning the Results o-fthe 2010 Radiological Environmental Monitoring Programs 'G, provided a Cainmie Cheng, Assistant Scientist/Technical Officer for OP presentation of the results of the 2010 Radiological Environmental Monitoring Programs (RED) for Pickering and Darlington Nuclear Generating Stations (NGSs). The highlights of Cam-mic's presentation were: • Radionuclides in the environment were monitored on an on-going basis at Pickering and Darlington NGSs. • In 2010, samples of milk., soil, beach sand, honey,, precipitation, drinking water, lake water, fish, sediments, silage, fruits, and vegetables were taken. around Pickering and Darlington NGSs. • From these samples, 2354 laboratory analyses of radionuclides were performed. • The 2010 REMP Obiectives were: o Confirm effectiveness of station radioactive emission control. o Assess the Public Doses. o Evaluate transport model used for station Derived Release Limits and Public Dose calculations. • The Public Dose Estimation is based on field measurements as opposed to being modeled solely on on-site emissions. • The Public Dose for Pickering NGS for 2010 was 0.1% of the CNSC legal limit and significantly less than the Public Dose in 2009. • Uie Public ' Dose for Darlington NGS for 2010 was less than 0.1% of the CNSC legal limit and slightly less than the Public Dose in 2009. • The annual rolling average of tritium concentrations in drinking water samples taken at the Ajax, . Oshawa and Bowinanville water supply plants were approximately 5 Becquerels per litre. • REMP modifications are continuously being made and in 2010 included improving the data management, the successful agreement with Health Canada to operate the noble gas network and the replacement of passive tritum in air samplers with active in air samplers. • The Summary of the 2010 REMP stated: o Overall, REMP met its objectives in collecting radiological environmental data for Pickering and Darlington NGSs site public dose estimations and for confirming station emission control.. o Pickering and Darlington NGSs Public Doses were approximately 0.1% of the CNSC Legal Limit. o Pickering and Darlington NGSs environmental measurements were generally consistent with the previous 5 years results. 4 • For the REMP designs, the major change in 2010 was the discontinuation. of passive tritium-i-n-air samplers from Pickering acid Darlington 'NGSs. • There were no significant deficiencies in sample collection and sample analyses. . • An audit and two self assessments were completed in 2010 with some recommendations for minor changes to procedures. * The 2010 REMP results were reviewed by an independent third Party and subinittod to the CNSC for their review. * The 2010 REMP results are available on the OPG website at www.opg.com. Cammie Cheng can be reached at (905) 839-6746 or by e-mail at cammie.cheng@opg.com for more information on the REMP. The slides Canunie used are attached as Appendix 2. 4.3 Progress Report by OPG concerning the Groundwater Monitoring Program at Pickering Nuclear Tiasi Ghosh provided a presentation on the 2010 Ground Water Monitoring Program results at Pickering Nuclear. The highlights of Tiasi's presentation were: The Objectives of the 2010 Groundwater Monitoring Program were: • Verify groundwater flow characteristics. • Monitor changes to on-site groundwater. • Confirm no adverse off-site impacts from operation of the Pickering NGS. • The monitoring of groundwater is a result of a legacy of spills or leaks of water containing tritium at the Upgrading Plant, Units I & 2, the Vacuum Building and the Irradiated Fuel Bay at Pickering NGS. • Pickering NGS has approximately 300 monitoring wells to characterize groundwater conditions. * In 2010, there was no indication of adverse off-site impacts of tritium in grow, idwater from the operation of Pickering NGS. • In 2010, results indicate that tritium concentrations were declining at the Upgrading Plant Pickering, Units I & 2, Vacuum Building and Irradiated Fuel Bay at Pickering B. • In 2010, an increase in tritium concentrations was noted at the Unit 4 foundation drainage system that has resulted in increased sampling frequency and follow-up actions were taken. • Annually, the Groundwater Monitoring Program Results at Pickering NGS are reported and reviewed by the CNSC. Tiasi's summary comments were: ® There was no significant change in groundwater flow direction compared to original predictions. ® Monitoring of on-site groundwater quality at key areas of concern did not indicate any new sources of tritium. No indications of adverse off-site impacts of tritium in groundwater were noted from the� operation of Pickering NG-S. For more Information on the GrowidNvater Monitoring Program at Pickering Nuclear, contact Masi Ghosh at (905) 839-6146 or by e-,t-niaiA at The slides Tmsi used are attached as Append-01 4.4 Progress Report from the Port Hope Area Initiative on the Port Granby Project Mark Giles, Manager, Stakeholder Relations and Comniunications for the Port Hope Ama Initiative (PHAI), provided an update on the Port Granby Project. The highlights of Mark's presentation were: ® In 2011, Biophysical Monitoring for the Environmental Assessment will continue ' including atmospheric, aquatic groundwater and terrestrial monitoring. * Upgrades of Elliot Road, the Canadian National Railroad crossing and the Canadian Pacific Railroad. underpass are being planned in preparation for the construction phase of the Project. * In 2011, the PHAI Communications Strategy will include: o Project update to Claringtori Cbuncil o Port Granby Bulletin to 700 residents o Port Granby Discussion Group meeting o Port Granby Project Public Attitude Survey o Newcastle Home and Trade Show o Port Granby Newsletter o Small and Medium Enterprises Seminar o Update to MPP John O'Toole o Port Granby Site Tours for the DNHC and Clarington Council and staff Mark indicated the P1qA1 was very pleased to arrange the tour of the Port Granby 'VVaste Management Facility for the DNTHC scheduled for July 5, 2011. Mark Giles or his associates at the PHAI Management Office will keep the DNHC updated on the Port Granby Project. For more information on the Project, Mark can be contacted at (905) 885 -8830 or by e-mail at gilesm@aecl,ca. 5.0 Health Effects 5.1 No Report Presented Today 6.1 Community Issues at Pickering Nuclear Scott Berry provided an update on Community Issues at Pickering Nuclear. The highlights of Scott's presentation w6re: IN * Pickering A employees have worked approximately 86,000 hours without a last -time injury and Pickering B employees have worked more than 5.3 million ri' ours without a lost-time ini ury. * Units 1, 6 and 8 at Pickering are operating at full polver. * Units 4. 5 and 7 are shut down for planned maintenance. * 17he Pickering Neighbours newsletter will be distributed in June subject to the postal strike. * Pickering Nuclear hosted 3 members from Chernobyl on a technical exchange from the IAEA. * Pickering will offer community groups and families educational programs during the summer months on Tuesdays. Don Terry, Manager ' of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or by e-mail at dpri.terrynappa.com for more information. 6.2 Community Issues at Darlington Nuclear Scott Berry provided an update on the community issues at Darlington Nuclear. The highlights of Scott's presentation were: • Employees at Darlington Nuclear have worked approximately 10.5 million hours without a lost-time injury dating back to May 2008. • Darlington Nuclear's Units 1, 2, 3 and 4 are all operating at full power. • The Darlington Neighbours newsletter will be distributed in June subject to the postal strike. • Darlington carried out tours of their facilities for board members of the Durham Strategic Energy Alliance and Ministry of Finance. • Darlington will offer community groups and families educational programs during the summer months on Tuesdays. • Darlington will be providing a tour for DNHC members in September but the date has not been established. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 by e-mail at jennifer.knox o g.com for more information. 6.3 Community Issues at OPG Scott Berry provided a presentation on the community issues at OPG. The highlights of Scott's presentation were: OPG participated in an emergency preparedness exercise in June with the Durham Region Emergency Management Office at the Orono Reception Centre. * OPG partnered with community groups to release trout into Duffins Creek. * OPG submitted a report in May to the CNSC and Wano of their preliminary review of the lessons learned from the nuclear Plant crisis in Japan. 7 7.1 Topics Inventoi3l, Update Robert Kyle indicated the Topics Inventory vri,11 be revised to include the presentations made today and it is attached as Appendix 4. -1 Tom of the Pop. Granby Site Brian. Devitt indicated a tour of the Port Granby Site has been arranged with Judy 11c,rod of the YIFL&l Management Office for D-,N-HC members before construction begins in a few months. The tour is scheduled for July 5, 2011 from 130 to 3:30 pm. Contact Brian by June 28, 2011 so he can make the final arrangements with Judy Herod oft ose planning to Join the tour. 7.3 Future Topics for the DNTHC to Consider Robert, Kyle indicated the topics for discussion at the next meeting on September 16, 2011 or future DNHC meetings may include: * Progress Report from UOIT and Durham College on their Education and Research in Nuclear Science and En-ineeri-t-ig Programs * Progress Report from the Joint Review Panel on the outcome of the Public Hearing concerning the Darlington New Nuclear Power Plant Project * Progress Report from OPG on the Darlington New Nuclear EA Project * Progress Report from OPG on the Darlington Nuclear Refurbishment and Continued Operations EA Project * Report frown OPG on "Lessons Learned" from the Nuclear Plant Crisis in Japan * Progress Report from the NIATMO concerning the Site Selection Process * Repo * rt on the Ontario Ministry of Health and Long-Term Care Radiological Health Response Plan 8.0 Next Meeting Date September 16,2011 Time 14:30 SAM Tour of the New Nuclear Engineering Sciences Facilities 12:00 PM Lunch served 1:00 PM Meeting begins Host University of Ontario Institute of Technology Location University of Ontario Institute of Technology 2000 Simcoe Street North . Meeting Room ERC 10158 (30 Founder's Drive at UOIT) City of Oshawa 1 -4 CLARINGTON HERITAGE COMMITTEE MEMBERS PRESENT: David Reesor Allan Kirby Councillor Hooper ABSENT; Brad Shields Minutes of Meeting June 21, 2011 Karin Murphy Tracey GUESTS; Darlene Proudfoot, Ministry of p Winston Wong, Mi of Transp . Rebecca Sciara, A ical Se §i Lindsay Propert, Arc o _ I Servi ADOPTION OF Isabel Qy Ron Hooper e accepted as ame*nded OEM. m Ni?` 711-11 HIGHWAY 4 ST EXT ION Lft bATE Winston Wong an on ,= udfoot from the Ministry of Transportation gave a project update on the 407 e ' nsion. A copy of the presentation is attached to these minutes. The highway 11 be constructed in two phases. Phase one focuses on the construction of the highway from Brock Road in Pickering to Harmony Road in Oshawa, and the west Durham link from the 407 to the 401 in Whitby. Construction is expected to start on this section of the highway in late 2012. The second phase of the highway will be built in two stages. The first stage will extend the mainline from Harmony Road eastward to connect to the east Durham link, at which point it will turn south and end at Taunton Road. The second stage will be the connection of the east Durham link from 1 Taunton Road to the 401, and the continuation of the mainline to the Highway 115 connection. The entire project is expected to be completed by 2020 The Ministry is developing a Cultural Heritage Resource Strategy to fulfill the 407 East Environmental Assessment commitments for environmental . impact mitigation: The goals of the Strategy include Identifying, evaluating and documenting all built heritage resources and cultural heritage landscapes for its heritage value or interest within the 407 corridor for the purpose of: o MTO partial retention /adaptive reuse wher ssible, o Developing a short list of heritage buildi cation candidates, o Developing a salvage plan for herita . es prior to demolition, and .o Salvage and recycling of all reusabl Uldi aterials Cultural Heritage Evaluation Reports (C buildings. The results of the CHERs will heritage value. MTO will consider adaptiv I Relocation is being considered , mitigatio public body can express an inter dertal also be offered to the public. A P. relocation plan that satisfies the Mini ,'s re An example was - = of a and moved to the _y erng whether there would sid provided ici p ` a v movi '" built.: e; subdiv or a herita . see re being prep Nd_ tified heritage nine the buildve the highest se o •- se here possible. Tt ty or another ng ocation project and buildings will ly or ;r: ate individual must submit a dents.` Lick I m --hat was acquired by the City p ty. This example raised a question of fro e highway's development that could be M would provide financial assistance in a tees i ington in order to develop a heritage ark. Mapping pr d by Arc ologicServices Inc. shows that there are eighteen heritage buildi .Y ffected the 407 in Clarington, fifteen of these are within the Greenbelt Plan a - - Thy_ reenbelt Plan is very restrictive and does not permit subdivision develop search is required to determine if any of the buildings could be relocated to a ntral location for public use and how the project could be funded. Rebecca Sciara from Archaeological Services Inc, provided an overview of the cultural heritage resources assessments being conducted in Clarington. Cultural Heritage Evaluation Reports are being completed for eighteen heritage buildings. Nine reports have been completed to date. Field work has begun on the tenth and eight are outstanding. The CHERs include a detailed land use history, an inventory, analysis 2 and recording of the building's exterior and interior, and photographic documentation. Each property is evaluated for its potential to be designated under the Ontario Heritage Act Thirty five historic roads and two engineered landscape features have been identified for documentation. This work will be initiated in the future and in advance of the highway construction. MTO staff will be meeting with the Heritage Committee as the project proceeds. BUSINESS ARISING Request for Addition to Municipal Re The Clarington Museum and Archives staf and District Historical Society c cted a recce are gaps in the ownership rec_ require Angela has contacted retired regi N emp searching the land registry system ives. and Karina in condu search he p Candidates for The Co reco e 1 : , u. '156 et in by thf XR, Durham supp gating the Update Designate" : y -ii Research is ongoing on Doors Open 2011 A Clarington staff in the future the for of th "r ; wcastle Village ch on 51 Nort reet. There le search at the registry office. lay uth Gough, who is skilled in Gou r s agreed to assist Angela %hQn A . 2. pr ., We addresses of buildings they would as suggested that the building located at be a good candidate. This property is owned act the Region to determine if there would be Simpson Avenue in Bowmanville. The Doors Open event in Clarington was held on June 11`", Tracey Ali reported that the event was very well attended. The house located at 5290 Main Street in Orono has been purchased and refurbished, and was one of the properties featured in the Doors Open event. 3 SUBCOMMITTEE REPORTS Bowmanville CIP The next meeting of the Bowmanville CIP will be held on June 29th. Orono CIP The Orono BIA has requested an update to the P liaison group is July 61t'. On October 25tt' there will be a seminar hel and building partnerships. The events t celebrations, maplefest, the apple festiva festival, and the great family adventure to h attend the seminar and participa ,having a Newcastle CIP The Region of Du policy for a June Advisory.Committ expected that the fall. The t to the 4 : 4. ici Atkinson Council r = ; sted that t Memorial P nd dedica t forwarded to C 11 in May Village Communt Il be Other options are b y e Orono Orono Chilli co next meeting of the CIP Hall on hosting events include Canada Day the Newcastle fall d he CMG could ng local WIN omp`!Adavlsory draft gateway signage gio i Committee, The f policy o er the summer months. It is nd forwarded to Regional Council in the i. %to v Memorial Park on King Avenue East back to staff in April to consider other options. ht from various groups on the history of the o Joseph Atkinson. A second staff report was ommending that the grounds surrounding the Newcastle ied the Joseph Atkinson Park. This report was tabled. red and will be presented at a later date. The CIP Implementation %roue was formed on August 0, 2008 and its term ends on, August 1St, 2011. The members agreed that they were fulfilling their mandate and would continue on. The CIP Group was notified of the Clarington Heritage Committee's recommendation to Council to nominate Ed Vanhaverbeke for recognition under the Ontario Heritage Trust's Heritage .Community Recognition Program. The next meeting will be held on October 61t'. M CHO CONFERENCE David Reesor, Karina Isert, Angela Tibbles, .Tracey All and Tenzin Gylatsan attended the Community Heritage Ontario conference in Cobourg. The conference was well organized, well attended and informative. A thank you letter will be sent to the CHO conference organizers and the Cobourg Heritage Committee thanking then for a well run conference and their hospitality. Notes on the conference workshops were prepared by Karina Isert, Angela Tibbles, and David R�01 and were'distributed to the members. PROJECT REPORT Heritage Inventory The photography of the designated buildl Website The CHC members .were members at the C hiring a Durham Co e sl FINANCIAL REPOR Open 11.18 CORRESPONDENCE Ile Heritage Committee )Ing. Options, such as Yby, seconded by Tenzin Gyaltsan report be accepted "CARRIED" Copies of the CHO newsletter were distributed. The Ontario Heritage Trust's Heritage Matters newsletter was circulated. The newsletter contained an article on the Enniskillen Valley Land Acquisition Project, which 6 is a project to acquire lands in Clarington. member, NEW BUSINESS A copy of the article was provided to each Former Boys Training School and Prisoner of War Camp, 2020 iambs Road Council has supported the application being made to the Natural Historic Sites and Monuments Board of Canada for national designation o ortion of the training school and prisoner of war camp.. The Committee memo re provided with a copy of report PSD- 049 -11. Meet 9 1 l µ� REPORT #1 REPORT TO COUNCIL MEETING OF JULY 18, 2011 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JULY 11, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD- 064 -11 Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (b) ESD- 011 -11 Monthly Response Report — June, 2011 (c) ESD - 012 -11 Emergency And Fire Services — 2010 Annual Report: (d) CLD- 018 -11 The Rick Hansen 25th Anniversary Relay (e) COD - 023 -11 Joint Health and Safety Committee — 2010/2011 Summary (f) CAO- 007 -11 "Connecting Clarington" - A Pilot Project to Improve Communication with our Residents 2. REZONING APPLICATION TO FACILITATE THE SEVERANCE OF ONE RESIDENTIAL LOT APPLICANT: R. AND E. SOBCZAK THAT Report PSD - 061 -11 be received; THAT the application to amend Zoning By -law 84 -63 to facilitate the severance of a lot for a single detached dwelling be approved and that the Zoning By -law Amendment contained in Attachment 2 of Report PSD- 061 -11 be passed; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - July 18, 2011 THAT a copy of Report PSD- 061 -11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD- 061 -11 and any delegations be advised of Council's decision. 3. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY -LAW AND FOR A PROPOSED 4 STOREY APARTMENT DWELLING CONTAINING 19 RESIDENTIAL UNITS APPLICANT: 1351739 ONTARIO LIMITED THAT Report PSD- 063 -11 be received; THAT the applications to amend the Clarington Official Plan (COPA 2011 -0004) and Zoning By -law 84 -63 (ZBA 2011 -0017) 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- 063 -11 and any delegations be advised of Council's decision. 4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 30, 2011 THAT Report PSD- 065 -11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on June 30, 2011 for applications A2011 -0013 and A2011 -0023 to A201.1 -0025; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 5. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: GAGE PARK DEVELOPMENTS INC. THAT Report PSD- 066 -11 be received; THAT the request for Removal of Part Lot Control with respect to Lots 1 to 18 inclusive, 20L, 23R, 27, Blocks 83, 84, and 86 to 94 inclusive of Plan 40M -2361 be approved and that the Part Lot Control By -law contained in Attachment 2 of Report PSD- 066 -11 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD- 066 -11 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #1 - 3 - July 18, 2011 6. MITCHELL CORNERS PUBLIC INFORMATION CENTRE REPORT AND FIRNER STREET DITCHES THAT Report EGD- 028 -11 be received; THAT any decision regarding improvements on Trulls Road be deferred until such time that both the Municipality and the Province have assessed the potential impacts that may arise from the phased extension of Highway 407; THAT the $60,000 cost to construct a cul -de -sac at the west limit of Firner Street and the filling in of ditches on Firner Street be considered in the 2012 Capital Budget and Four Year Forecast; THAT Staff report back on this matter once our discussions with the Province about the phased extension of Highway 407 have progressed further from concept to implementation; and THAT all interested parties listed in Report EGD- 028 -11 be advised of Council's decision. 7. WESTVALE SUBDIVISION PHASE 1, COURTICE, PLAN 40M -2178, .'CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD- 029 -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 -2178; and THAT Council approve,the by -law attached to Report EGD- 029 -11, assuming certain streets within Plan 40M -2178 as public highways. 8. MILL STREET PEDESTRIAN TUNNEL, NEWCASTLE VILLAGE THAT Report EGD- 030 -11 be received; THAT the Municipality waive the Purchasing By -law 2010 -112 for the construction of the Mill Street Pedestrian Tunnel and associated works to allow Canadian National Railway to complete the project directly due to the complex and time sensitive nature of the work to an upset limit of $4,100,000; THAT a copy of this report be forwarded to the Canadian Transport Agency, Transport Canada and the. Canadian National Railway; Report #1 - 4 - July 18, 2011 THAT Council express its intent to fund this project including debenture repayments and financing to the extent allowable from future development charges; THAT the Director of Finance be authorized to make application to the Region of Durham for a debenture in the estimated amount of $3,800,000.00 plus debenture costs to finance the balance of the costs of the Mill Street Pedestrian Tunnel; and THAT the Mayor and Clerk be authorized to execute the agreement with the Canadian National Railway in a form satisfactory to the Municipal Solicitor and the Director of Engineering Services. 9. INA BROWN PARKETTE — GAZEBO BANDSTAND THAT Report OPD- 009 -11 be received; THAT Council approve the use of the Ina Brown Parkette grounds for the construction of a gazebo bandstand; and THAT a copy of Report OPD- 009 -11 and Council's resolution be forwarded to the Newtonville Hall Board. 10. COMMUNITY GARDENS THAT Report OPD- 006 -11 be received; THAT Council approve proceeding with a lease agreement for Community Gardens; THAT the Mayor and Clerk be authorized to execute the lease subject to any amendments satisfactory to the Municipal Solicitor; THAT Sher Leetooze be thanked for her efforts in Community Garden project; and THAT all interested parties listed in Report OPD- 006 -11 be advised of Council's decision. 11. SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE THAT Report CLD- 019 -11 be received; and THAT Melanie McArthur be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council. Report #1 - 5 - July 18, 2011 12. ANIMAL SERVICES QUARTERLY REPORT — April — June, 2011 THAT Report CLD- 020 -11 be received; and THAT a copy of Report CLD- 020 -11 be forwarded to the Animal Alliance of Canada. 13. CL2011 -21, MILL STREET ROAD RECONSTRUCTION THAT Report COD -024 -11 be received; THAT Kawartha Capital Construction, Peterborough, ON, with.a total bid in the amount of $632,777.94 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011 -21, be awarded the contract for Mill Street Road Reconstruction — Toronto Street to Clarke Street as required by the Engineering Department; THAT the funds required in the amount of $772,000.00 which includes $632,777.94 for Tender, contract administration, contingencies and net HST rebate be drawn from the following account Mill Street Reconstruction capital account # 110- 32 -330- 83362 -7401; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. 14. CL2011 -22, STRUCTURES REHABILITATION, VARIOUS LOCATIONS THAT Report COD - 025 -11 be received; THAT Clearwater Structures Inc., Ajax, ON with a total bid in the amount of $503,984.87 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011 -22, be awarded the contract for 2011 Structures Rehabilitation, Various Locations as required by the Engineering Department; THAT the funds required in the amount of $697,000.00 which includes $503,984.87 for Tender, design contract administration and contingencies and net HST be drawn from the following accounts: Structures Rehabilitation, Various Locations Account # 110 -32- 330 - 83275 -7401 $500,000.00 Account # 110 -32- 330 - 83607 -7401 $107,000.00 Account # 110 -32- 330 - 83338 -7401 $ 90,000.00 MIN THAT the Mayor and the Clerk be authorized to execute the necessary agreement. Report #1 - 6 - July 18, 2011 15. ENERGY MANAGEMENT COMMITTEE — SOLAR PHOTOVOLTAIC (PV) PROGRAM THAT Report CAO- 008 -11 be received; THAT the requirement for formal competitive bidding in accordance with By -law 2010 -112, Part 2 be waived for this initiative; and THAT Staff, in conjunction with the Purchasing Division, be authorized to advertise for Expressions of Interest for the potential installation of solar panel systems on selected municipal buildings. 16. CIVIL MARRIAGE SERVICES WHEREAS on December 13, 2004, Council passed By -law 2004 -253 to "opt in" to providing civil marriage services; AND WHEREAS the authority to provide the civil marriage services extended to those services held Monday to Friday in the Municipal Administrative Centre only; AND WHEREAS the fee for civil marriages was set at $250 to cover the cost of staff time and use of the Municipal Administrative Centre; AND WHEREAS the Administrative Assistant to the Municipal Clerk has received a request to perform a civil marriage service outside of the parameters set by By -law 2004 -253; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON THAT the Municipal Clerk's designate be authorized to perform a civil marriage service on Saturday, September 10, 2011 at Elmhirst Resort, RR #1, 1045 Settlers Line, Keene, Ontario; THAT the $250 fee be waived in this instance; and THAT the appropriate by -law be forwarded to Council. Unfinished Business #1 TEMPORARY USE REZONING APPLICATION FOR SMALL ENGINE REPAIR BUSINESS APPLICANT: WES AND MARGARET KNAPP Resolution #GPA- 497 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report PSD- 062 -11, regarding a temporary use rezoning application for a small engine repair business, be tabled to the Council meeting of July 18, 2011. CARRIED s Leading the Way JaM ;Lei A i PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 11, 2011 Resolution #: By -law #: Report #: PSD- 062 -11 File #: ZBA 2011 -0014 Subject: TEMPORARY USE REZONING APPLICATION FOR SMALL ENGINE REPAIR BUSINESS APPLICANT: WES AND MARGARET KNAPP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 062 -11 be received; 2. THAT the application for proposed Zoning By -law Amendment under Section 39 (Temporary Use Provision) of the Planning Act submitted by Wes and Margaret Knapp to permit a small engine repair business in an attached garage to the principal residence for a maximum of three (3) years be refused; and 3. THAT all interested parties listed in Report PSD- 062 -11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David Crome, MCIP, RPP Director of Planning Services CS /CP /ah /df 30 June 2011 Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD- 062 -11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Wesley and Margaret Knapp 1.2 Agent: Ronald Worboy 1.3 Proposal: To permit a small engine repair business in the garage attached to the principal dwelling for a maximum of three (3) years. 1.4 Area: 0.675 hectares 1.5 Location: 5105 Main Street, Orono, being in Lot 28, Concession 5, former Township of Clarke (Attachment 1) 2.0 BACKGROUND 2.1 On May 2, 2011, Mr. Ronald Worboy, on behalf of Mr. and Mrs. Knapp, submitted an application for a rezoning to permit a small engine repair business in a garage attached to the principal dwelling. The rezoning application was submitted under Section 39 of the Planning Act, which permits Council to pass a by -law for the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by -law for a maximum of three (3) years. The application was deemed incomplete since the fees did not accompany the application. The fees were received on May 24, 2011 and the application was deemed complete. 2.2 In September 2010, Mr. and Mrs. Knapp applied to the Committee of Adjustment for a minor variance to expand the definition of home occupation in Zoning By -law 84 -63 to permit the small engine repair business in the attached garage to their home. The Knapp's applied for the variance after being advised by By -law Enforcement that complaints had been received from neighbouring residents. 2.3 Mr. Knapp has operated the business from the garage since 1979. However it has only been in the past year that he has operated the business on a full time basis. Prior, the business was operated on a part time basis. The Township of Clarke By -law 1592, passed on May 23, 1968 did not permit a small engine repair business as a home occupation. Similarly the current Zoning By -law 84 -63 does not permit the use as a home occupation. As such, the use does not have legal non - conforming status. 2.4 The application was not supported by Staff as it did not meet the home occupation criteria in the Clarington Official Plan and the Zoning By -law. The criteria for home occupation are intended to limit impacts of the home occupation on residential neighbourhoods. The nature of the complaints from area residents are noise, hours of operation and on- street parking problems. The repair business was taking place within the attached garage. Home occupations are to be completely contained within the REPORT NO.: PSD- 062 -11 PAGE 3 dwelling unit, excluding the garage. Staff determined that the use did not meet the criteria. At the Committee of Adjustment meeting of October 28, 2010, many area residents attended the meeting in support of the application. Immediate neighbours spoke in opposition to the application. The application was denied by the Committee of Adjustment. 2.5 Immediately following the Committee's decisions, Staff met with Mr. and Mrs. Knapp to discuss options for the business. One option was to move the business to another site, where it would be permitted. Another option was to "go mobile" whereby Mr. Knapp would drive to the home owners house or business establishment and repair the small engines on site. 2.6 Mr. and Mrs. Knapp elected to appeal the decision of the Committee of Adjustment. The appeal was to be heard on April 29, 2011. On April 19, 2011 Staff received a copy of a letter to the Ontario Municipal Board from Mr. Ronald Worboy, acting on behalf of Mr. and Mrs. Knapp, withdrawing the appeal. 2.7 On May 10, 2011 Mr. and Mrs. Knapp were charged by By -law Enforcement for failure to comply with the Zoning By -law and Sign By -law. Typically a remedy to Zoning By- law infractions is to legalize the use, hence this application. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on the south east corner of Main Street and Cobbledick Street in Orono, municipal address being 5105 Main Street. According to assessment records the home was built in 1900, with the attached garage and a covered porch, being added sometime later. The home encroaches on the Cobbledick Street road allowance (Attachment 2). REPORT NO.: PSD- 062 -11 3.2 The surrounding uses are as follows: North - single detached dwellings South - single detached dwellings East - single detached dwellings West - single detached dwellings 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement PAG E 4 4.1.1 Orono is a "Settlement Area" in the Provincial Policy Statement (PPS). The PPS encourages a range and mix of residential and employment land uses within existing settlement areas. 4.2 Provincial Green Belt Plan 2005 4.2.1 Orono is a "Settlement Area" in the Greenbelt Plan. "Settlement Areas" within the Greenbelt support and provide significant economic, social and commercial functions to agricultural areas and rural areas in the Greenbelt. TowniVillages as identified in municipal Official Plans and within approved boundaries continue to be governed by the municipal Official Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan 5.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio- economic factors. A mix of uses such as certain home occupations, convenience stores, public and recreational uses which are compatible with their surroundings are permitted. Limited office development and retailing of goods and services in appropriate locations and as a component of mixed use development may also be permitted in "Living Areas" provided there are appropriate provisions and designations in the area municipal Official Plan. 5.2 Clarington Official Plan 5.2.1 The subject lands are designated as "Urban Residential" in the Clarington Official Plan. The predominant use of lands within "Urban Residential" designation shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive, compatible within and serve residential uses. These include corner stores, home based occupations, parks, schools and community facilities. REPORT NO.: PSD- 062 -11 PAG E 5 5.2.2 Home based occupation is defined as the use of a residential dwelling for the purposes of conducting businesses including professional offices, personal services, institutional services, home craft business, day care, bed and breakfast, repair services excluding small engines and vehicles. The Official Plan provides criteria for home -based occupations as follows: a) The use shall not change the residential character of the structure and is completely contained within the dwelling unit; excluding the garage space; b) The use does not exceed the equivalent of 30% of the habitable area of the residence; c) There is no exterior display of merchandise or outside storage of goods or material associated with the said use, and signage shall comply with the provision of the sign by -law, as amended from time to time; d) The use is not a public nuisance due to noise, glare, dust, odors, vibration, hours of operation, interruption of communication signals or traffic generation; e) Employees are limited to those residing in the dwelling unit plus one additional person; and f) There is adequate off street parking. 5.2.3 The Official Plan policies relating to Temporary Use By -laws state that Temporary Use By -laws may be passed to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use is temporary in nature; b) the proposed use is compatible with the adjacent existing land uses, there is minimal impact on the Natural Features and Land Characteristics on Map `C', or satisfactory measures to mitigate any adverse impact will be applied; c) there will be no adverse impacts on traffic or transportation facilities or services in the area; d) adequate access and parking are provided; e) the use can be removed and the site can be restored to its original condition; f) adequate sewage disposal and water services are available in compliance with provincial and regional standards; and g) it does not jeopardize the long term implementation of the plan. 6.0 ZONING BY -LAW 6.1 Within Comprehensive Zoning By -law 84 -63, as amended, the lands are zoned "Urban Residential Type One Exception (R1 -2) Zone ". A Zoning By -law Amendment was submitted in order to permit the, proposed use on a temporary basis for a maximum of three (3) years. REPORT NO.: PSD- 062 -11 7.0 PUBLIC NOTICE AND SUBMISSIONS PAGE 6 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject sites. A Public Notice sign was installed on the property. 7.2 As of the date of writing this report, Staff have received three (3) inquiries from area residents who inquired about attending the public meeting in support of the application. Staff also have received one letter in support of the application. There have been two inquiries from neighbouring residents who do not support the small engine repair business in this location. 8.0 AGENCY COMMENTS 8.1 The Region of Durham advised that the subject lands are designated as Living Area within the Durham Regional Official Plan. "Living Areas" are to be used predominantly for housing purposes, with limited office development and limited retailing of goods and services. The proposed amendment is in conformity with the Regional Official Plan. The Region also advises that the application has been reviewed in accordance with the delegated provincial review responsibilities. Regarding the potential site contamination the Site Screening Questionnaire has been submitted but requires sign -off by a qualified person. The Region of Durham Health Department has no objection to the application for rezoning. The Region of Durham Works Department advises that the property is currently connected to the Regional water system. Regional sanitary sewers are not available to the site. 9.0 STAFF COMMENTS 9.1 Clarington Engineering Services notes that currently, Cobbledick Street is signed "NO PARKING" on the north side. By way of a letter survey recently conducted by the Engineering Services Department, the majority of Cobbledick Street property owners endorsed, maintaining the "NO PARKING" on this side of the street. In addition, in response to complaints by area residents pertaining to the inability of trucks turning onto Cobbledick Street from Main Street in the presence of cars parked near the intersection, staff consulted and agree with the Region of Durham and the Emergency Services Department with respect to signing the south side of Cobbledick Street "NO PARKING" for a distance of 25 metres from the Regional Road 17 intersection easterly. This no parking zone will be established in the near future. The Engineering Services Department does not support the approval of this application due to the lack of on- street and on -site parking in the vicinity of the engine repair business. REPORT NO.: PSD- 062 -11 PAGE 7 9.2 Staff explored whether additional parking can be accommodated on the subject property. There appears to be sufficient area to accommodate two cars side by side only leaving 2 metres to the property line, which is not sufficient room to accommodate another parking space for clients. Furthermore, given the comments from Engineering Services and Emergency Services regarding signing "NO PARKING" on the south side of Cobbledick Street to accommodate turning movements for emergency and other vehicles, there is no on- street parking opportunities in front of the property for clients. 9.3 The Clarington Emergency and Fire Services advise that if the rezoning is approved then an inspection is required. 9.4 In support of the application, Mr. Worboy provided information regarding various commercial uses within Orono, outside of the business establishments located on Main Street in Orono designated as "Village Centre" and zoned for commercial uses. (Attachment 3). Out of the 23 businesses identified, some appeared to be home occupations. Others are located at the east side of Orono within a "Special Purpose Commercial Exception (C4 -2) Zone ", "Light Industrial (M1) Zone ", and "Hamlet Commercial Exception (C3 -5) Zone "; all zones permitting commercial and industrial uses. Some uses identified would not appear to be permitted based on the current zoning of the property. However, no details on how long these businesses have been in existence was submitted. Staff did not examine in any detail whether such uses comply with the By -law provisions. 9.5 Regardless of Mr. Worboy's information, this application must be reviewed on its own merits. The Official Plan is explicit in its definition of small engine repair business and where the use is permitted. Small engine repair is permitted as home industry in the Official Plan. Home industries are permitted on lands that are designated "Prime Agricultural ", "General Agricultural ", "Natural Linkage Area" and "Green Space ". Small engine repair services are not permitted in an "Urban Residential" designation. By the nature of the business, this use creates noise and may require the repairs to be conducted outdoors depending on the size of equipment. Additional space is also required to off load or load equipment. This use is permitted in rural areas to allow for greater distance between land uses. The criteria for home occupation are provided to protect neighbouring residents from businesses that cause nuisances such as noise, parking problems and hours of operation. Furthermore, one of the criteria for Council to consider is permitting a temporary use is to ensure that adequate parking can be accommodated. It cannot in this instance. 10.0 CONCLUSION 10.1 Mr. Knapp's small engine repair business has been in that location for many years. However, a small engine repair business is not permitted in the "Urban Residential" designation in the Clarington Official Plan. It does not meet the criteria for a Home Occupation, or the Temporary Use Provisions. As such, Staff recommend that this application be refused. Staff Contact: Cynthia Strike REPORT NO.: PSD- 062 -11 Attachments: Attachment 1 - Key Map Attachment 2 - Knapp Property Attachment 3 - Mr. Worboy Submission List of interested parties to be notified of Council's decision: Mr. and Mrs. Knapp Mr. and Mrs. Ives Mr. Wolfram Klose Mr. Ronald Worboy PAGE 8 Property Location Map (Orono) Subject Site ZBA 2011 -0014 Zoning By -law Amendment Owner: Margaret & Wes Knapp --I 0 CD 0 �D o0 o3 0) (D N � .1 � w w ry C Co z Q _ O w Ui U) U U N BOWEN STREET COBBLEDICK STREET Property Location Map (Orono) Subject Site ZBA 2011 -0014 Zoning By -law Amendment Owner: Margaret & Wes Knapp --I 0 CD 0 �D o0 o3 0) (D N � .1 � RM m CD 0 �D � m 0 o� rn0 N � � N ZBA 2011 - 0014 Schedule "C" NEIGHBOURHOOD LAND USE LOT 28 5414 Commercial srAr� seer (Does not include Businesses in • Commercial Area g3 W -,I 6W 4990 N N M'M N Builds Furniture 345 X88 s 951 e 1 6 9g "Party Lights" 345d 3q r is 493 . Candle & and M zp n'E Handy Man Grundy -3510 Upholstery z _ WR Contracting 4835 properly Location Map. (Orono) Storage Yard for Pro Lawn Landscaping NOTE: ABOVE VILLAGE MULTI -USE DIAGRAM ONLY RELATES TO SOUTH PART OF ORONO — SOUTH OF BUSINESSES IN COMMERCIAL AREA. 14 Attachment 3 To Report PSD- 062 -11 Heating & Air Conditioning Acupuncture Clinic Daycare Centre Orono Veterinarian Hospital Gibson Roofing z. Moore's Electric rn' w Restores Train Engines — Tractors 10 Foundation Distributing Alifab Welding Durham Countertops L &M Machinery Auto Constructor Landscaping & Snowplow Business j Carpentry Business v Plumbing Business Mark Hobbs rcR3riaa .�►_�' Sale's Avon r a� � �� F3 Reflexologist Apple Blossom • - - • 7.Vi1N E�� 4990 N N M'M N Builds Furniture 345 X88 s 951 e 1 6 9g "Party Lights" 345d 3q r is 493 . Candle & and M zp n'E Handy Man Grundy -3510 Upholstery z _ WR Contracting 4835 properly Location Map. (Orono) Storage Yard for Pro Lawn Landscaping NOTE: ABOVE VILLAGE MULTI -USE DIAGRAM ONLY RELATES TO SOUTH PART OF ORONO — SOUTH OF BUSINESSES IN COMMERCIAL AREA. 14 Attachment 3 To Report PSD- 062 -11 Heating & Air Conditioning Acupuncture Clinic Daycare Centre Orono Veterinarian Hospital Gibson Roofing z. Moore's Electric rn' w Restores Train Engines — Tractors 10 Foundation Distributing Alifab Welding Durham Countertops L &M Machinery Auto Constructor Landscaping & Snowplow Business j Carpentry Business v Plumbing Business SUMMARY OF BY -LAWS July 18, 2011 BY -LAWS 2011 -075 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Municipality of Clarington (R. & E. Sobczak) (Item 2 of Report #1) 2011 -076 Being a by -law to exempt a certain portion of Registered Plan 40M -2361 from Part Lot Control (Item 5 of Report #1) 2011 -077 Being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 7 of Report #1) 2011 -078 Being a by -law to amend By -law 2004 -253 to provide for Civil Marriage Services to be Offered by the Municipality of Clarington (Item 16 of Report #1) 2011 -079 Being a by -law to exempt a certain portion of Registered Plan 40M -2375 from Part Lot Control (Correspondence Item D — 6) (if.eading the Way MEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: July 15, 2011 Subject: COUNCIL AGENDA -- JULY 18, 2011 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 10 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents: • Letter to the Ministry of the Environment dated July 7, 2011, regarding Submission of Ambient Air Monitoring and Reporting Plan • Draft Durham York Residual Waste Study Ambient Air Quality Monitoring Plan (June 14, 2011) • Letter to the Ministry of the Environment dated July 7, 2011, regarding Submission of Groundwater and Surface Water Monitoring Plan; and • Draft Durham-York Energy Centre Groundwater and Surface Water Monitoring Plan (July 8, 2011); and advising that copies of the documents are also available on the EFW project website: htt l/www.durham orkwaste.cal ro'ect/efw-committee.htm. (Motion for Direction) AL. Barrie, MO un cpaer PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS July 18, 2019 a) Diana Curle - Application to Amend the Zoning By-law 84-63 and Amend the Official Plan (1351739 Ontario Limited) (Item 3 of Report#1) b) Ron Collis, Chair, 2011 Clarington Arts & Music Festival — CAMfest (Correspondence Item 1 -14) C) Doug Ives - Report PSD-062-11 -Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp (Item 1 of Unfinished Business) d) Linda Gasser - Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report #1) e) Linda Gasser - DurhamNork Incinerator Monitoring Plans (Correspondence Item D --- 9) f) Ron Worboy - Report PSD-062-11 -Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp (item 1 of Unfinished Business) g) Wendy Bracken - Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report #1) h) Wendy Bracken - DurhamNork Incinerator Monitoring Plans (Correspondence Item D - 9) i) Rene Dubreuil - Report PSD-062-11 -Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp (Item 1 of Unfinished Business) j) Kerry Meydam - Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report#1) and DurhamNork Incinerator Monitoring Plans (Correspondence Item D — 9) HANDOUTS /CIRCULATIONS COUNCIL