Loading...
HomeMy WebLinkAbout2022-03-14 AgendaClar*wn Council Post -Meeting Agenda Date: March 14, 2022 Time: 6:30 p.m. Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo Record: The Municipality of Clarington makes an audio and video record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be recording you and will make the recording public by publishing the recording on the Municipality's website, www.clarington.net/calendar. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added or a change to an existing item after the Agenda was published. Pages 1. Call to Order 2. Moment of Reflection 3. Land Acknowledgement Statement 4. Declaration of Interest 5. Announcements 6. Adoption of Minutes of Previous Meeting 6.1. Minutes of a regular meeting of Council dated February 14, 2022 5 7. Presentations / Delegations 7.1. Linda Gasser, Regarding Item 8.1, Report PDS-016-22 Update and Next 21 Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year 7.2. Wendy Bracken, Regarding Item 8.1, Report PDS-016-22 Update and 31 Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year 8. Reports/Correspondence Related to Presentations/Delegations 8.1. PDS-016-22 Update and Next Steps: Municipal Comments on the 45 Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year *8.1.1. Gioseph Anello, M. Eng., P.Eng., PMP, Director, Waste 57 Management Services, and Laura McDowell, P.Eng., Director, Environmental Promotion and Protection, Regarding DYEC Throughput Increase Response to the Municipality of Clarington's Comments 9. Consideration of Minutes 9.1. Advisory Committee Minutes 9.1.1. Minutes of the Agricultural Advisory Committee dated February 78 10, 2022 Page 2 9.1.2. Minutes of the Samuel Wilmot Nature Area Management 82 Advisory Committee dated February 8, 2022 9.1.3. Minutes of the Newcastle Arena Board dated February 8, 2022 86 9.1.4. Minutes of the Accessibility Advisory Committee dated February 88 2, 2022 9.1.5. Minutes of the Clarington Heritage Committee dated February 93 15, 2022 9.1.6. Minutes of the Clarington Active Transportation and Safe Roads 99 Advisory Committee dated March 2, 2022 9.2. Standing Committee Minutes 9.2.1. Minutes of the General Government Committee dated February 105 28, 2022 9.2.2. Minutes of the Planning and Development Committee dated 121 March 7, 2022 10. Communications 11. Staff Reports and Staff Memos *11.1. Memo-012-22 Connection to Farewell Creek Trail across 43 Darlington 133 Boulevard (Second Last Paragraph has been Updated) 12. Business Arising from Procedural Notice of Motion 13. Unfinished Business 14. Confidential Items 14.1. Verbal Update from Rob Maciver, Director of Legislative Services/Municipal Solicitor, and Rosalind Cooper, Specialist in Environmental Law, Fasken Martineau DuMoulin LLP, Regarding the Anaerobic Digestor Page 3 15. By-laws 15.1. 2022-012 - Being a By-law to establish lay out and dedicate certain lands as public highways, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 8.1.1 of the General Government Committee Minutes) 15.2. 2022-013 - Being a By-law to establish lay out and dedicate certain lands as public highways, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 8.1.2 of the General Government Committee Minutes) 15.3. 2022-014 - Being a By-law to amend Zoning By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 9.1 of the Planning and Development Committee Minutes) 15.4. 2022-015 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 9.2 of the Planning and Development Committee Minutes) 15.5. 2022-016 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 9.5 of the Planning and Development Committee Minutes) 16. Procedural Notices of Motion 16.1. Tennis Courts (Councillor Neal) 136 17. Questions to Department Heads / Request for Staff Report(s) 18. Confirming By -Law 19. Adjournment Page 4 • Cbrington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: February 14, 2022 Time: 9:30 a.m. Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS Teams) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: M. Dempster, G. Acorn, S. Brake, R. Maciver, T. Pinn, R. Windle, M. Perini, J. Gallagher, M. Chambers 1. Call to Order Mayor Foster called the meeting to order at 9:30 a.m. 2. Moment of Reflection Councillor Jones led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Jones recited the Land Acknowledgement Statement. 4. Declaration of Interest There were no disclosures of interest stated at the meeting. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 6. Adoption of Minutes of Previous Meetings 6.1 Minutes of a regular meeting of Council dated January 24, 2022 6.2 Minutes of the special meeting of Council dated January 28, 2022 Resolution # C-032-22 Moved by Councillor Hooper Seconded by Councillor Zwart That the minutes of a regular meeting dated January 24, 2022, be approved; and That the minutes of a special meeting dated January 28, 2022, be approved. Carried Page 5 ClaringtonFebruary 14, 2022 Council Minutes 7. Presentations / Delegations Suspend the Rules Resolution # C-033-22 Moved by Councillor Jones Seconded by Councillor Hooper That the Rules of Procedure be suspended to add Wendy Bracken as a delegation to the Agenda regarding Agenda Item 9.2.3.1. Carried Wendy Bracken's delegation was heard following Item 9.1.6.1, later in the meeting. 8. Reports/Correspondence Related to Presentations/Delegations 9. Consideration of Minutes 9.1 Advisory Committee Minutes 9.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 11, 2022 9.1.3 Minutes of the Newcastle Arena Board dated January 11, 2022 9.1.4 Minutes of the Clarington Diversity Advisory Committee dated January 27, 2022 9.1.5 Minutes of the Heritage Committee dated January 18, 2022 Resolution # CC-034-22 Moved by Councillor Jones Seconded by Councillor Anderson That Advisory Committee Report Items 9.1.1 to 9.1.6, be approved with the exception of Items 9.1.1. & 9.1.6. Carried 9.1.1 Minutes of the Agricultural Advisory Committee dated January 13, 2022 Resolution # C-035-22 Moved by Councillor Neal Seconded by Councillor Zwart That the minutes of the Agricultural Advisory Committee dated January 13, 2022, be approved. Carried 2 Page 6 Clarington February 14, 2022 Council Minutes 9.1.6 Minutes of the Accessibility Advisory Committee dated December 1, 2021, January 12 and February 2, 2022 Resolution # C-036-22 Moved by Councillor Jones Seconded by Councillor Neal That the Minutes of the Accessibility Advisory Committee dated December 1, 2021, January 12 and February 2, 2022, be approved. Carried 9.1.6.1 Motion for Inclusive Communities Grant Program Submission Resolution # C-037-22 Moved by Councillor Jones Seconded by Councillor Neal Whereas the Municipality of Clarington engages with its Accessibility Advisory Committee on matters surrounding accessibility in the community; And whereas on November 6, 2017, through Resolution #GG-456-17, the Municipality of Clarington endorsed Clarington's Multi -Year Accessibility Plan 2018- 2023; And whereas the Multi -Year Accessibility Plan 2018-2023 commits the Municipality to exploring ways to increase accessibility beyond the minimum requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA); And whereas more people are participating in outdoor activities as a result of the COVID-19 pandemic and utilizing open public spaces; And whereas sensory gardens provide a unique experience for both people with disabilities and seniors to explore their senses through outdoor spaces; And whereas the Ministry for Seniors and Accessibility has launched an Inclusive Communities Grant Program that supports 100% of eligible costs up to $60,000 for programs that create more accessible environments for people of all ages, abilities and backgrounds; Now therefore be it resolved that the Council of the Municipality of Clarington direct Staff to submit an application to the Inclusive Communities Grant Program for the purpose of creating an accessible sensory garden on the outdoor grounds of the Sarah Jane Williams Heritage Centre and the Shaw House Properties. Carried 3 Page 7 Clarington February 14, 2022 Council Minutes 7.1 Wendy Bracken regarding Item 9.2.3.1 - Update and Next Steps: Municipal Comments on the Durham York Energy Throughput Increase from 140,000 to 160,000 Tonnes per Year (PDS-008-22) Wendy Bracken was present regarding Item 9.2.3.1 - Update and Next Steps: Municipal Comments on the Durham York Energy Throughput Increase from 140,000 to 160,000 Tonnes per Year (PDS-008-22). W. Bracken stated that the staff recommendations contained in the report should be strengthened with additions. The following points were highlighted: • Important to Incorporate Dillon Slide Recommendations into Body of Consolidated Report In addition to Providing PowerPoint • Inconsistencies Between Air Quality Impact Assessment (AQIA) and March 2011 Emissions Summary and Dispersion Modeling (ESDM) That Supports Environment Compliance Approval (ECA) • Regions' Air Impact Study (AQIA) is Inadequate "Low Bar": AQIA is NOT a Health Assessment • Air Quality/Health Concerns Found/Registered at time of Environmental Assessment (EA) • Health Concerns Found/Registered at time of EA • Ministry Toxicologist Comments on EA Limited To 140,000 TPA • Numerous Ambient Air Exceedances for Respiratory Irritants; Also one for Dioxins/Furans • AQIA Shows Elevated Levels of Respiratory Irritants Resolution # C-038-22 Moved by Councillor Jones Seconded by Councillor Anderson That the Rules of Procedure be suspended to allow the delegation of Wendy Bracken to be extended for an additional five minutes. Carried Wendy Bracken continued by highlighting the following points: • Excerpts From Host Community Agreement: Time to Act is NOW For Better Available Control Technology (BACT), Better Monitoring & Reporting • Clarington Must Ask for BACT, Improved Emission Limits, Monitoring, Reporting Wendy concluded by making the following requests of the Members of Council: 1. Pursue the Flow Error. Point to Dillon Slides In Staff Comment. 2. Pursue Implications to 2011 ESDM, ECA Air Permit, Source Tests. 0 am: Clarington February 14, 2022 Council Minutes 3. Request Regions to provide updated health assessment, toxicologist and medical opinions on proposal. Only have engineering opinions now. 4. Pursue better monitoring and reporting, including for AMESA. Wendy Bracken answered questions from the Members of Council. Alter the Agenda Resolution # C-039-22 Moved by Councillor Neal Seconded by Councillor Zwart That the Agenda be altered to consider Item 9.2.3.1, at this time. Carried Item 9.2.3.1 - Update and Next Steps: Municipal Comments on the Durham York Energy Throughput Increase from 140,000 to 160,000 Tonnes per Year (PDS-008-22) Resolution # C-040-22 Moved by Councillor Neal Seconded by Councillor Hooper That Report PDS-008-22 be received; That Report PDS-008-22, including the consolidated list of requests recommended in Attachment 4 of PDS-008-22 and the February 7, 2022 presentation by Dillon Consulting, be adopted as the Municipality of Clarington's comments on the Durham York Energy Centre throughput increase (from 140,000 to 160,000 tonnes per year) Environmental Screening Process; That Staff be directed to continue discussions with the Region of Durham and Region of York to address the Municipality's comments for the purpose of resolving concerns prior to March 14, 2022; That the Municipality's comments and notice of the agreement with the Region to continue the discussions be submitted to the Director of the Environmental Assessment and Approvals Branch; That Staff report back at the March 14, 2022 Council meeting; and That all interested parties listed in Report PDS-008-22 and any delegations be advised of this report. Carried as Amended, see following motions 5 Page 9 ClaringtonFebruary 14, 2022 Council Minutes Resolution # C-041-22 Moved by Councillor Neal Seconded by Councillor Anderson That the foregoing Resolution #C-040-22 be amended with the following changes to Recommendation #6 of Attachment 4 to Report PDS-008-22: That "250,000 tonnes" be changed to "160,000 tonnes"; and That the HHERA include the south Clarington airshed as a whole, and include a toxicological assessment and a satisfactory opinion from the Medical Officer of Health for Durham Region. That the following be inserted after the words" nitrogen dioxide" in Recommendation #7 of Attachment 4 to Report PDS-008-22: "sulfur dioxide and benzopyrene" Carried The foregoing Resolution #C-040-22 was then put a vote and carried as amended. 9. Consideration of Minutes 9.2 Standing Committee Minutes 9.2.1 Minutes of the Special General Government Committee dated January 28, 2022 Resolution # C-042-22 Moved by Councillor Hooper Seconded by Councillor Zwart That the recommendations contained in the Special General Government Committee Minutes of January 28, 2022 be approved on consent. Carried 9.2.2 Minutes of the Special General Government Committee dated January 31 and continuing on February 4, 2022 Resolution # C-043-22 Moved by Councillor Anderson Seconded by Councillor Zwart That the recommendations contained in the Special General Government Committee Minutes of January 31, 2022 and continuing on February 4, 2022 be approved on consent, with the exception of Item 7.2, the budget resolution, which was amended as per the following resolutions. Carried n Page 10 ClaringtonFebruary 14, 2022 Council Minutes Item 7.2 FSD-008-22 - 2022 Operating and Capital Budgets Recess Resolution # C-044-22 Moved by Councillor Neal Seconded by Councillor Hooper That the Council recess for 10 minutes. Carried The meeting reconvened at 11:10 a.m. with Mayor Foster in the Chair. 9.2.2.1 Memo-007-22 - Whistle Cessation Update & Remainder of Whistle Cessation Process — Cobbledick Road & Bennett Road Resolution # C-045-22 Moved by Councillor Hooper Seconded by Councillor Zwart That Memo-007-22 - Whistle Cessation Update & Remainder of Whistle Cessation Process — Cobbledick Road & Bennett Road, be received for information. Carried 9.2.2.2 Memo-008-22 - Questions Arising from 2022 Budget Deliberations Resolution # C-046-22 Moved by Councillor Neal Seconded by Councillor Zwart That Memo-008-22 - Questions Arising from 2022 Budget Deliberations, be received for information. Carried 9.2.2.3 PDS-009-22 - - Cost of Courtice Shores Drive Tunnel Item (p) -Minutes of the Special General Government Committee dated January 31 and continuing on February 4, 2022 Resolution # C-047-22 Moved by Councillor Neal Seconded by Councillor Jones Whereas the Courtice Waterfront is currently undergoing a secondary plan which will enable future residential development in the area; And whereas the Courtice Shores Drive grade crossing would represent an ingress/egress point to that development for emergency services and residents of the area; 7 Page 11 Clarington February 14, 2022 Council Minutes And whereas the Council of the Municipality of Clarington deems the expansion of the Courtice Shores Drive crossing to be growth -related and intended to be funded by Development Charges; Now therefore be it resolved: That Staff be directed to amend the Development Charge Study, at the appropriate time, to include the Courtice Shores Drive grade crossing improvements; and That the 2022 Capital Budget be amended to add the Courtice Shores Drive Grade Crossing Improvements in the amount of $7,000,000 to be funded from Development Charges — Roads and Related. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) 9.2.2.4 Report FSD-012-22 - Update for Council Budget Ratification Meeting Resolution # C-048-22 Moved by Councillor Hooper Seconded by Councillor Zwart That Report FSD-012-22 and any related communication items, be received; That the 2022 Operating Budget be amended to reduce the grant to the John Howard Society (Firehouse Youth) by $58,699 to $289,841; and That all interested parties listed in Report FSD-012-22 and any delegations be advised of Council's decision. Carried as Amended, see following motions Resolution # C-049-22 Moved by Councillor Zwart Seconded by Councillor Hooper That the foregoing Resolution #C-048-22 be amended and added as follows: That the words "and funded from the Streamline Development Approval Fund if Clarington receives the funds." be deleted from the following resolution: That the staffing requests, for the Planning and Development Services Department, to add a Clerk II and an additional Senior Planner in the Development Review Division be approved and funded from the Streamline Development Approval Fund if Clarington receives the funds. n. Page 12 Clarington February 14, 2022 Council Minutes Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Traill, and Councillor Zwart No (1): Councillor Neal Carried on a recorded vote (6 to 1) The foregoing Resolution #C-048-22 was then put a vote and carried as amended. Item (q) - Minutes of the Special General Government Committee dated January 31 and continuing on February 4, 2022 Resolution # C-050-22 Moved by Councillor Neal Seconded by Councillor Jones That the budget for Materials and Supplies for Street Lighting be reduced by $80,000; and That the budget for Contracted Services for Street Lighting be reduced by $20,000. Carried 9.2.2.5 Item 7.2 - 2022 Operating and Capital Budgets - Main Motion As Amended Resolution # C-051-22 Moved by Councillor Anderson Seconded by Councillor Zwart That Report FSD-008-22 and any related communication items, be received; That Council approves the 2022 Operating and Capital Budgets, including "external agencies" as outlined in the 2022 Draft Budget Book, at an estimated tax levy impact of 2.11 per cent, exclusive of tax policy impacts, as directed in FSD- 008- 22; That the 2022 Draft Budget Book be amended to reflect the required tax levy request from the Historic Downtown Bowmanville Business Improvement Area, and that Council approves the 2022 Budget for the Bowmanville BIA outlined in Report FSD-007-22; That Staff request the 2022 budgets for the Orono BIA and the Newcastle BIA for approval at a subsequent meeting prior to the striking of the tax rates; That the reserve and reserve fund contributions and any new reserve/reserve funds be approved as shown in the 2022 Draft Budget Book; That the Draft Operating By-law be amended to increase Wages Temp FT ($25,000) and Wages Temp PT ($50,000) in the Municipal Elections sub - department (100-19-193) with a corresponding increase in the transfer from the Municipal Elections Reserve; 9 Page 13 Clarington February 14, 2022 Council Minutes That the financing of capital projects, as outlined in the 2022 Draft Budget Book, be approved; That $6,402,000 be added to the 2022 Capital Budget for Newcastle and Orono arena improvements with funding from a proposed debenture, per Resolution #GG- 012-22; That any cash flow shortfall in the Development Charges Reserve Funds be interim financed by the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest, as cash flow permits; That subject to Council approval of the Newcastle and Orono arena improvements, per #GG-012-22, identified to be funded by debenture financing, that the Director of Financial Services/Treasurer be authorized to make application to the Region of Durham for the necessary debenture, such terms at the discretion of the Director of Financial Services/Treasurer; That Report FSD-008-22 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; That the Director of Financial Services/Treasurer is authorized to fund projects which have been previously approved in the 2018 to 2021 budgets and not completed with funding to be from the appropriate reserve or reserve fund; That the appropriate by-laws to levy the 2022 tax requirement for Municipal, Region of Durham and Education purposes be forwarded to Council for approval, once final tax policy information is available; That all interested parties listed in Report FSD-008-22 and any delegations be advised of Council's decision; That the amendments to the 2022 Operating and Capital Budgets be approved as follows: That the new staff positions be considered as "Additional Items for Council Consideration", formerly the "B List"; That the 2022 Budget be amended to increase Supplemental Taxation to $1,000,000; That the Communications Division budget of the Office of the CAO (sub -department 170) be adjusted to remove $15,000 in revenue and reduce postage expense by $900; That the Municipal Election Revenue be adjusted from $4,000 to ($4,000), and the corresponding adjustment of $8,000 be made in the transfer from the Municipal Elections Reserve; That the proposed net staffing impact in Legislative Services be reduced by $35,100 and funded by the Municipal Election Reserve, the funding from the reserve to be adjusted accordingly; 10 Page 14 Clarington February 14, 2022 Council Minutes That the Community Development (sub -department 427) Salaries, Wages and Benefits be decreased by $50,834 to reflect a reduced need in Inclusion Services part time wages; That increase for Contracted Services for the printing of the Council Quarterly Update, be a one-time only expense and that this be required to be approved by Council for 2023 and beyond; That the two Part -Time Municipal Law Enforcement positions and the Temporary Clerk II position, be included in the 2022 Budget; That the Human Resources Associate Position, be included in the 2022 Budget; That the management vacancy (Supervisor, Client Application/Service) be converted into a Solutions Analyst Position and a Support Technician Position; That the Financial Analyst Position - Asset Management, be included in the 2022 Budget; That the position of the Financial Analyst position for Asset Management — be time limited to as long as OCIF funds it (or another Provincial or Federal funding source) at which time, an extension would require Council approval."; That the Director of Financial Services/Treasurer be authorized to transfer $2,000,000 from the Tax Rate Stabilization Reserve Fund to be transferred to reserve funds to be determined by the Director for the purposes of capital asset replacement or non -development charge capital acquisition; That the 2022 Capital Budget be amended to include $1,484,000 for Cobbledick Rd railway crossing improvements including the $750,000 previously identified from the Tax Rate Stabilization Reserve Fund and $734,000 to be funded from the Road Reserve Fund, if the funding request to Transport Canada is not approved; Whereas, the Courtice Waterfront is currently undergoing a secondary plan which will enable future residential development in the area; And whereas, the Courtice Shores Drive grade crossing would represent an ingress/egress point to that development for emergency services and residents of the area; And whereas, the Council of the Municipality of Clarington deems the expansion of the Courtice Shores Drive crossing to be growth -related and intended to be funded by Development Charges; Now therefore be it resolved: That Staff be directed to amend the Development Charge Study, at the appropriate time, to include the Courtice Shores Drive grade crossing improvements; and That the 2022 Capital Budget be amended to add the Courtice Shores Drive Grade Crossing Improvements in the amount of $7,000,000 to be funded from Development Charges — Roads and Related. 11 Page 15 Clarington February 14, 2022 Council Minutes That the budget for Materials and Supplies for Street Lighting be reduced by $80,000; and That the budget for Contracted Services for Street Lighting be reduced by $20,000; That an additional $300,000 for Snow Clearing Equipment, to be financed through the Tax Levy, be added to the 2022 Budget; That the Utility Locates Technician position be included in the 2022 Budget; That GIS and Asset Management Technologist position be included in the 2022 Budget; That staff be directed to recruit the Public Works summer students; That the Park, Material & Supplies, one-time cost of $98,400, for separating concrete and steel at Depot 42, be deleted; That the 2022 Budget be amended to include user fee revenue for Financial Services in the amount of $200,000; and That Staff be directed to bring the appropriate by-law to Council to reinstate the user fees for "New Ownership Changes" ($30), "Arrears Notices" ($30), and "Statements" ($10); That, further to a previous resolution about the Municipality taking over the snow plowing for hall/boards facilities, the Visual Arts Centre (VAC) 2022 budget be reduced by the amount of snow plowing that the Municipality will be responsible for; That Council amends the 2022 Capital Budget to include the construction of a South Bowmanville Arena for a pool and twin pad arena, including a gymnasium/walking track and associated administrative space (exclusive of a library, wellness/fitness facility, and multi -purpose community space) to be built in a single phase, to be debentured; That $315,000 be added to the 2022 levy and be directed to the Community Services Building Refurbishment Reserve Fund for the purpose of funding the proposed facility; and That the $315,000, added to the levy in 2021 and directed to the Community Services Building Refurbishment Reserve Fund, be identified as a funding source for the proposed South Bowmanville Arena; That Facility Corp. Admin Travel be reduced by $3,400 to a total of $9,600; That Facility Mtnce R/M Buildings be reduced by $6,150 to a total of $36,000; That Facility ASC Waste Disposal be reduced by $1,510 to a total of $2,190; and That Municipal Admin Centre, Waste Disposal be reduced by $1,660 to a total of $2,140; That the $23,927 for the Newcastle Hall Board be included in the budget from the Tax Rate Stabilization Reserve Fund; 12 Page 16 Clarington February 14, 2022 Council Minutes That the Customer Service Assistant Coordinator be upgraded to full time position and included in the 2022 Budget; That the Heritage Incentive Grant in the amount of $11,500 be included in the 2022 Budget and be funded through the Tax Levy; That the 2022 Operating Budget be amended to add $120,000 to "Consulting in Planning" for the purposes of expediting the Courtice Waterfront Design Study identified in the 2020 Development Charges Background Study; and That the abovementioned Study be funded from the Development Charges — General Government Reserve Fund or, if not sufficient, that Staff work with local developers on a front -ending agreement to fund the Study; That the staffing requests, for the Planning and Development Services Department, to add a Clerk II and an additional Senior Planner in the Development Review Division be approved; That the Plans Examiner Position and Building Inspector Position, be included in the 2022 Budget; That the annual contribution to the Fire Equipment Reserve fund be reduced by $100,000 to a total of $400,000 annually; That the four existing Class 1 Firefighters being promoted to the rank of Captain and the four new Class 5 Firefighter positions, be included in the 2022 Budget; That $150,000 of the total cost for the new positions and promotions be funded by the Future Staffing Reserve Fund; That the Training Officer position, be included in the 2022 Budget; and That the 2022 Operating Budget be amended to reduce the grant to the John Howard Society (Firehouse Youth) by $58,699 to $289,841. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried as amended on a recorded vote (7 to 0) The foregoing Resolution #C-051-21 was then put to a vote and carried as amended on a recorded vote thus resulting in an estimated tax levy impact of 2.11 per cent and when blended with the Region of Durham an estimated tax levy impact of 1.99 per cent. 9.2.3 Minutes of the Joint General Government and Planning and Development Committees dated February 7, 2022 Resolution # C-052-22 Moved by Councillor Anderson Seconded by Councillor Neal 13 Page 17 ClaringtonFebruary 14, 2022 Council Minutes That the recommendations contained in the Joint General Government and Planning and Development Committees Minutes of February 7, 2022, be approved on consent, with the exception of item 7.1 which was considered immediately following the delegation portion of the agenda. Carried Suspend the Rules Resolution # C-053-22 Moved by Councillor Neal Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting until 12:10 p.m. Carried 9.2.3.1 - PDS-009-22 - Update and Next Steps: Municipal Comments on the Durham York Energy Throughput Increase from 140,000 to 160,000 Tonnes per Year (PDS-008-22) PDS-009-22 - Update and Next Steps: Municipal Comments on the Durham York Energy Throughput Increase from 140,000 to 160,000 Tonnes per Year (PDS-008- 22) was considered earlier in the meeting, immediately following the delegation portion of the agenda. 10. Communications 11. Staff Reports and Staff Memos 12. Business Arising from Procedural Notice of Motion 12.1 Reconsideration of Resolution #GG-127-21 regarding Tennis Courts and Pickleball Courts Councillor Neal chaired this portion of the meeting. Resolution # C-054-22 Moved by Mayor Foster Seconded by Councillor Anderson That the following Resolution #GG-127-21 passed at the Special General Government Committee meeting of February 1-2, 2021, approved at the February 8, 2021 Council meeting, be reconsidered: That the expansion of the Stuart Park tennis courts for pickleball courts be included in DC charges as directed by the Director of Financial Services; and That Courtice Secondary School courts be included at the discretion of the Director of Public Works of up to $50,000 to be financed by the Tax Rate Stabilization Reserve Fund. 14 Page 18 Clarington February 14, 2022 Council Minutes Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried (5 to 2) Resolution # C-055-22 Moved by Mayor Foster Seconded by Councillor Anderson That the following resolution be approved to replace the first paragraph of Resolution #GG-127-21, to give direction to Staff and time to tender the project: That $150,000 be directed, at the discretion of the Director of Financial Services, for the construction of two tennis courts at the South Courtice Arena; and That the Stuart Park refurbishment plan be amended to convert the existing tennis courts to pickleball courts and that any surplus be directed to the cost of the new tennis courts at the South Courtice Arena. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwa rt No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried (4 to 3) Mayor Foster assumed the Chair. Suspend the Rules Resolution # C-056-22 Moved by Mayor Foster Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting to 12:15 p.m. Carried 13. Unfinished Business 14. Confidential Items 14.1 Confidential Memo-001-22 -Questions Arising from 2022 Budget Deliberations Confidential Memo-001-22 - Questions Arising from 2022 Budget Deliberations, was considered as part of Item 9.2.2 - Minutes of the Special General Government Committee meeting dated January 31, 2022 and continuing on February 4, 2022. 15. By-laws 15 Page 19 ClaringtonFebruary 14, 2022 Council Minutes 16. Procedural Notices of Motion 17. Questions to Department Heads / Request for Staff Report(s) Councillor Anderson asked Stephen Brake for an update on the sidewalks adjacent to Guildwood Park. Suspend the Rules Resolution # C-057-22 Moved by Councillor Anderson Seconded by Councillor Zwart That the Rules of Procedure be suspended to extend the meeting until 12:20 p.m. Carried 18. Confirming By -Law Resolution # C-058-22 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-law 2022-011, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of February, 2022; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-059-22 Moved by Councillor Zwart Seconded by Councillor Anderson That the meeting adjourn at 12:19 p.m. Carried 16 Page 20 To Clarington Council - Report PDS-016-22 & DY Responses dated 11.03.22- update re Clarington Comments to DYEC EA Screening By Linda Gasser March 14, 2022 Page 21 Recall — NO Clarington submission to 2009 DYEC Individual EA - important there is one NOW • Decisions of past Councils have constrained Clarington's ability to protect their residents and municipal corporation's interests • Current EA Screening — important opportunity for Clarington to get concerns on the record with MECP and Regions. • The EA Screening process is proponent driven —inadequate and what they care about is getting approvals. • Regions made DELIBERATE decision NOT to consult the public/Clarington between last PIC in December 2019 and Dec. 20.21 when ESR released. • An Elevation Request is NOT an act of opposition —it's requesting the level of study & review required to protect YOUR residents & municipality Page 22 DY Responses to Clarington -March 11-22 • Based on what is written in PDS -016 and DY Responses, NO evidence or verifiable information provided that would address Clarington concerns has been provided. • Unlike earlier Individual EA 2009, Regions did NOT release draft AQIA for public consultation, though a Sept. 2021 draft was provided to M EC P. • Had there been consultation around draft AQIA, Clarington &others could have done review, submitted concerns, which the Regions would be required to document with their responses prior to release of Notice of Completion and ESR —that did not happen. • Region blindsided all interested parties including Clarington. Page 23 Regions assert that SSHHERA contemplated 400,000 tpy scenario. June 23, 2009 Memo: Barry' Lubek, Supervisor, Human Toxicology, Standards Development Branch — note limitations of regulatory review PROBLEM FORMULATION 1. The proponent assumed 'for the purpose of this risk assessnient" that the initial processing capacity of the facility would be 140,000 tomies of caste/yr. All risl,,-,s modelled (including traffic)in this report apply to a 140,000 tonne/ yr. However, in Section 3.1.1 (page 11) the proponent i-tifornis that the proposed facility is expected to process up to 400,000 tonnes of waste/yr for 30 years. This HHRA will not suffice for a facility with increased production since the risk of adverse effect to human health from exposure to containinants from the 140,000 tonneslvear capacity facility is unlikely to be the same as that for 400,000 tonnes/year capacity facility. Page 24 4 DY response re Waste Composition(pg 17/19)-inadequate - Higher Heat Value =more emissions toair/less ash. Increased GHGs and unidentified changes to Air Emissions —Need updated Emiss. Inventory 1.7 The Municipality should confirm with the Region that no change in the waste stream composition is expected. Regional Municipality of Durham and Municipality of York Response: • At this time, there are no changes to the waste composition anticipated. The future development of the Mixed Waste Pre-sort/Anaerobic Digestion facility will remove organics and non - combustibles from the waste, providing a more stable fuel source, and waste materials/composition incoming from York Region, and Regional Waste Management Facilities will not change. It is important to note that waste composition is generally assumed to change over time; as new packaging materials are being developed, new policies are developed and implemented, and residents' habits change. An example of this is the impact of the COVID-19 pandemic; we did see a change in waste composition as the number of single -use plastics (i.e. gloves and masks), packaging materials (i.e. Amazon boxes and home delivery food kits), and overall volume of waste increase as residents were on lockdown. Due to these factors the DYEC is generally designed and operated to handling changes in material composition. The approximate 30, 000 tonnes removed through the Mixed Waste Pre-sort/Anaerobic Digestion facility may allow the opportunity for the Region to pickup from municipally owned buildings (including recreational centers, schools and municipal office buildings etc.); material picked up from these locations will not go through the Mixed Waste Pre-sort. While removing organics from residential waste will cause the material to have an altered energy content the change is not anticipated to result in changes to facility operations Page 25 Regions did NOT respond adequately to potential changes to waste composition in EA Screening • A lot has chan ed since 2009 studies for Individual EA-13 years ago, identification of chemicals ot concern, emissions inventory etc. • Regions have not addressed PFAs aka "forever chemicals" —emerged as major pu lic health concern since last EA. (Clarington has 2 submissions from Dr. P. Connett to re St. Marys- very relevant —also attach to PPT) • Regions have not addressed ultrafine particulate (nanoparticles) —citizens identified in earlier EA. Dismissed -more known now incl. health risks. • Removal of Organics and Non combustibles by Mixed Waste Presort —WILL be displaced with more plastic &other problematic materials and WILL impact emissions —not studied in 2009 EA nor in current EA Screening Report • More halogen (chlorine, bromine, fluorine) content in waste burned =more problematic emissions which also deposit on soil and water (See Dr. Connett's submissions) Page 26 January 11.2010 Memo from MECP Regulatory Toxicologist PROVISO The comments and conclusions presented in this review assume that the site description, facility description, and modelled air concentrations used in the site -specific risk assessment are accurate and appropriate and have been deemed satisfactory by other members of the review team, unless specifically noted. Our comments and conclusions apply only to the current or proposed use of the site, and to the receptors, exposure scenarios, and chemicals of concern assessed in this screening level risk assessment. New developments in toxicology and environmental sciences not available at the time of this review, inconsistencies raised by other MOE review team members, or changes in the selection of site use, receptors, or chemicals of concern may alter the comments and conclusions presented here. Page 27 Option 1-will NOT protect your residents & municipal corporation • Option 1—Ministry Request That staff be directed to request the Ministry of Environment, Conservation and Parks (MECP) • iJ confirm their review and acceptance of the air quality modelling methodology, data inputs, and Air Quality Impact Assessment completed as supporting documentation to the Environmental Screening Process, and • ii) respond to concerns regarding elevated levels of nitrogen dioxide, sulphur dioxide and benzo[a]pyrene in the local airshed and the relative contributions of the DYEC; and further Staff be directed to prepare a briefing document on planned future development in the South Courtice Area to support DYEC emissions dispersion modelling considerations by the Regions and MECP during the subsequent Environmental Compliance Approval Amendment process. Page 28 Please support Option 2 — submit an elevation request —prudent and necessary • The Regions have not committed to do anything they would not already do/or might consider for an ECA application. • When I asked, Durham staff would NOT commit to posting the application on the Registry or whether or not they would seek exemption. • Multiple issues —many more than those identified in Option 1 must be addressed via an Individual EA, PRIOR TO ECA permit applications. • In Individual EA, there is a review process conducted by qualified government review team experts in including toxicologists — right now you only have the opinions of Engineers — completely inadequate. • Recall MECP responses re health effects from 2009-10 were limited to 140,000 tpy scenario. • MASS LOADING of additional 201000 tpy NOT considered Page 29 Please support Option 2 — Please Submit an Elevation Request to MECP THANK YOU and QUESTIONS? • Nanoparticles: Ambient UFPs may represent a previously unrecognized risk factor for incident brain tumors in adults. Future studies should aim to replicate these results given the high prevalence of UFP exposures in urban areas. httas://www.ncbi.nlm.nih.Rov/amc/articles/PMC7004474/ • PFAs https://www.nrdc.org/protect-people-toxic-pfas-chemicals • Attached: Dr. Connett April &May 2021 submissions to ERT re SMC Page 30 Delegation to Clarington Council March 14th, 2022 8.1. PDS-016-22 Update and Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Page 31 The Regions' Responses do not resolve key issues. Detailed technical and health assessment needed which only an Individual EA will provide. 1. Pursue claim that concentrations decrease. 2. Pursue Implications to 2011 ESDM, ECA Air Permit, Source Tests. 3. Request Regions to provide updated health assessment, toxicologist and medical opinions on proposal. Only have engineering opinions now. 4. Mass loading to environment— 20,000 more tonnes for an unspecified number of years cannot be ignored —and it has not been assessed. 5. Pursue better monitoring and reporting, including for AMESA. Page 32 Fair Comparison: 2011 ESDM (140,000 TPA case which supports ECA) to 2021 AQIA (160,000 TPA case) Maximum Modelled POI Concentrations Due to DYE[. Pollutant 2011 ESDM 140100 TPA* L 'Rml 2021 AQIA 1601000 TPA** LL ,-Roil Percent Increase PM2.5 24h) 0.987 1.06 7.4 % Dloxins/Furans 0.00244 pg/Rml 0.003 R-tn' 23.0 % NOx/NO21-h 29.7 40.63 36.8% NOx/NO2 24h 5.04 6.06 20.2% Cadmium 0.000284 0.0004 40.8% Mercury 0.000626 0.0008 27.8% S02 1-h 8.62 15.32 77.7% * Emission Summary and Dispersion Modelling Report to support DYEC ECA Application, (larch 2011, Golder Associates, (March 2011 ESD ), Table I Emission Summary Table — Maximum EmissiOns under Scenario A, 110! MCR, 140,000 TPA ** Air Quality Impact Assessment, December (AQIA), Golder Associates Ltd., Table 15 Maximum Concentrations at all Receptors for Futu re Maximum Operating Conditions (160,000 tea), pages 44-48, https://www.durhamyorkwaste.ca/en/facilit)t M But the AQIA Conclusions show the opposite Overall, the results of the inoBelli g assess iij ent indicate that the 160, 0 0 0 fp a woaid result in a s overall decre as in the m aximumpredicted con centration ,for all contaminants and the change in cumula&ve concentrations would be even less s ignifi can t. Th c decrease is attrib uted to in crc ased sta ek gas temperature an dflowrate which improve the dispersion characteristics ofthefacllix, "_ 0 Page 34 4 2021 AQIA uses a 140,000 TPA Scenario which appears to be artificially high, gives a case that doesn't exist, is a mix and match of data; uses theoretical 2011 high volumetric flow rate, at the same time using 2020 source test data; Maximum Modelled POI Concentrations Due to DYEC Pollutant 2011 ESDM 140,000 TPA* Rnl3 2021 AQIA 1601000 TPA** L /R171' Percent Increase 2021 AQIA 1401000 TPA*** 3 Percent Change PM2.5 24h) 0.987 1.06 7.4 % 1.10 -3.6% Dioxins/Furans 0.00244 'i113 0.003 {RM3 23.0 % 0.003 3 No change NOx/NO2(1-h) 29.7 40.63 36.8% 41.26 -1.5% NOxINQ2 2411 5.04 6.06 20.2% 6.09 -0.5% Cadmium 0.000284 0.0004 40.8% 0.0004 No change Mercury 0.000626 0.0008 27.8% 0.0008 No change S02 1-h 8.62 15.32 77.7% 17.20 -10.9% * Emission Summary and Dispersion Modeifing Report to support DYEC ECA Appfication, March 2011, Golder Associates, (March 2011 ESDM), Table I Emission Summary Table — Maximum Emissions under Scenario A, 110% MCR, 140,000 TPA "Air CQuafity Impact Assessment, Decernber2021 (AQIA), Golder Associates Ltd., Table 15 Maximum Concentrations at all Receptors for Future Maximum Operating Conditions (160,000 tpa), pages 44-48, https://www.durhamyorkwaste.ca/en/faciIitlt a D Drova Islresourcesf Documentsl2021%24Envi ron menta 1%20Scree ni n2%20Reno rt1ADDe n d ix%20D%20A i r%20Qua Iity%201 m pact%20Assess m ent_Dece mbe r%202021F1 NAL.pdf * * * Ibid, Table 13 Maximum Concentrations at all Receptors for Future M yrg�Dperat ing Conditions (140,000 tpa), pages 40-43 Did the ECA examine the maximum emission scenario? Detailed technical review needed. 2.0 FACILITY DESCRIPTION DYEC operates two identical combustion trains, each of which are designed to process a nominal 218 tonnes per day of MSW referenced at 13 MJ1kg specific energy content. This amounts to a total heat release of approximately 118 GJ)hour or 33.64 tonneslhour of steam. This is defined as the maximum continuous rating (MCR) of the units. However, since the refuse will have continuously varying characteristics, the control system adjusts throughput to maintain the heat release necessary to attain a target steam production rate. The mass and heat input range of each grate is represented in the Solid Waste Refuse Firing Diagram below {figure 1). tan REFUSE FIRING DIAGRAM E! 0IMN T- 13{ 12{ CL� 2 � ty{ 0 W � lU{ d LLJ v Q W W 8( tY H W 2 $0 230 28D REFUSE THROUGHPUT (TonnesIDAY) Figure 1 . Base facility Refuse Diagram Page 36 6 Regions'Air Impact Study (AQIA) is NOT a Health Assessment No assessment of health and ecological risks/impacts for 160,000 TPA • AQIA compared modelled air concentration to air standards/benchmarks; many air standards are outdated and not protective of health; air benchmarks are not health -based, but rather pollution targets at given time • Air standards don't exist for some pollutants of highest concern ex. PM2.5 • 0. Reg 419/05 requires modelled emission concentrations from Facility alone to meet standards for individual pollutants - "sacrifice zones" can happen; an updated HHERA would look at bigger picture —total loading, multi -pathways • 0. Reg 419/05 does not consider chemical mixtures — i.e. where pollutants have additive effects — ex. Respiratory Irritants — but an updated HHERA would • ESR and AQIA are done by engineers Regions did not provide opinions from their Medical Officers of Health nor Toxicologists. Clarington Council must speak up and demand health assessment and medical opinions. Page 37 Air Quality/Health Concerns Found/Registered at time of EA These Concerns Need To be Assessed for 160,000 TPA • Potential risks to human health (Concentration Ratio (CIS) values > 1) were identified in the EA for N 2, Respiratory Irritants and PM2.5 in the Baseline Traffic and 140,000 tp scenarios'. • reviewers expressed concerns that 901h percentile values for pollutants (including N 2, 2, PM2.5 and CO.) were used instead of inaxinititil identified concentrations which could have underestimated C s. • Numerous experts (Ministry, reviewer for the Municipality of Clarington, doctors, citizens) raised concerns that ambient air quality criteria (AA Cs) -air benchinarl s not necessarily health -based -were used to characterize health risk. • At time of the EA, Dr. Raymond Copes of Public Health Ontario, advised Dr. Kyle that using air benchmarks to characterize Duman health risk for PM2.5, a non -threshold pollutant, was inappropriate. • Yet, in 2021 A IA, PM2.5 air benchmarks used again So risk due to PM2.5 exposure not properly assessed. • 2021 A IA, the consultants also used 901h percentile vat -Lies to represent the background PM2.5 concentrations though PM2.5 AAQC is a 981h percentile standard, underestimating maximum exposure 'Site -Specific Human Health and Ecological Risk Assessment —Technical Study Report (HHERA), Durham York Residual Waste EA Study, December 10, 2009, Stantec, Tables 7-11, 7-13, 7-2111�age 173, 179, 206 2 Ministry Review, Health Canada comments by Allison Denning, October 13, 2009, page 16 AQIA Shows Elevated Levels of Respiratory Irritants See below excerpts from Dillon's Presentation to Joint Ctee on February 7, 2022 • The summary of monitoring data shows that several indicator compounds are at levels Io a to, or exceeding, the air quality criteria without the influence of DYEC • P 11c, P1 2.5, Benzene, Phosphorous, Chloroform, and Sulphur Dioxide all have elevate background concentrations (50% of the criteria) Benzo[a]pyrene exceeds the relevant annual criter� ithout the influence of D EC * The AQIA approprMa e Y con a ua �zes t is y stating that exceedances of the relevant criteria for Benzo[a]p rene is "typical of urban settings in Southern Ontario" Both Nitrogen Dioxide and Benzo[a]pyrene are predicted to exceed the relevant criteria ,nder both the existing and proposed scenarios. 61 December2021 19117255 Table 13: Scenario 1A - Maximum Concentrations at all Receptors for Current Maximum Operating Conditions (140,000 tpa) ( Benzene 71-43-2 4.92E-05 Annual 0.45 0,00M03 ai% 0.40 0.40 Benzene 71-43-2 4.92E-05 24-hour 2.3 0.00006 c1% 0.62 0.62 27°/° Benzo(a)anthrace ne 56-55-3 2.07E-07 24-hour 0.1 0.00000024 cl% 0.DO01 0.0001 ° Benzo(a)fluorene 238-84-6 2.07E-07 24-hour 0.1 ❑DD00002 cl% 0.0002 0.0002 Benzo(a)pyrene [as a surrogate of total Polycyclic Aromatic 50-32-8 2.07E-07 Annual 0.00001 fl.00000001 cl% OD00026 0.000026 25696 Hydrocarbons [PAHs]] Benzo(a)pyrene [as a surrogate of total Polycyclic Aromatic 50-32-8 2.07E-07 24-hour 0.00005 0,0000002 <1% 0.000058 0,000058 116°% Hydrocarbons (PAHs)] Dioxins, Furans and Dioxin- like NIA -6 2.56E-03 24-hour 0A pg TEQ/m' 0.003 pg TEQIm' 3% 0.021 0.024 pg TEQ/m' 24°/° PCBs PM10 NIA -3 2.06E-01 24-hour 50 1.17 2% 24.48 25.65 51 % PM2.5 NIA -4 1.95E-01 24-hour 27 1.10 4% 13.22 14.32 53% P102.19 NIA-4 1.95E-01 Annual 8.8 0.06 <1% 8.12 8.18 93°I° Sulphur Dioxide Sulphur Dioxide 7446-09-05 7446-09-05 1.49E+00 10-minute 1.49E+00 1-hour 178 106 28.39 17.20 16% 19.41 47,80 16% 11.75 28.96 271/o 27% Sulphur Dioxide 7446-09-05 1.49E+00 24-hour 150 1.76 1 % 12.64 14.40 ° Sulphur Dioxide 7446-09-05 1.49E+00 Annual 10.5 0.09 <1% 5.26 5.35 51% Nitrogen Dioxides Nitrogen Dioxides 10102-44-0 10102-44-0 5.16E+00 I 1-hour 5.16E+00 24-hour 79 200 41.26 6.09 52% 30.00 71.26 3% 22.28 28.37 90% 14% Nitrogen Dioxides 10102-44-0 5.16E+00 I Annual 22.5 0.31 1°% 14.04 14.36 64% Page 40 10 Numerous Ambient Air Exceedances for Respiratory Irritants; Also one for Dioxins/Furans For Example see 2020 Exceedances Alone Pasted Below 2020 DYEC ECA Annual Report pages 34 -35 https://www. du rha myo rkwaste.ca/ en/operatio ns- documents/resources/2020/20210330 RPT 2020 DYEC ECA Annual ACC-pdf Manual for Air Quality Monitoring in Ontarlo (Ministry of Environment and Climate Change. 2018). The 2020 Annual Ambient Air Monitoring report is due to the MECP by May 15th. 2020. All reports are publicly available on the DYEC website in accordance with ECA Condition 7(4X.c). All contaminants were below their applicable PotECP criteria as well as applicable Human Health Risk Assessment (HHRA) heaftfrbased standards with exceptions listed below in Table 13. Table 13: Ambient Air Monitoring Quarterly Summary of Exceedances Benza(a)pyrene 1 1 Sulphur Dioxide 1 10 minute - Sulphur Dioxide 4 1 hour - Benzo{a}pyrene 2 1 Sulphur Dioxide 20 a 10 minute Sulphur Dioxide 13 4 1 hour Benzo(a }pyrene 1 1 Sulphur Dioxide 10 minute 2 1 Sulphur Dioxide 2 1 1 hour Benzo{a}pyrene 1 2 Sulphur Dioxide 1 10 minute - Sulphur Dioxide t hour - Page 41 Excerpts below From Host Community Agreement: Time to Act is NOW For BACT, Better Monitoring & Reporting 4, Facility Size 4.1 Durham is seeking approval from the Ministry of the Environment to construct and operate an EFW Facility with a total processing capacity of up to 400,000 tonnes per year of municipal solid waste. 4.2 The parties hereto acknowledge and agree that EFW Facility will not immediately be Ganstructed to the ultimate capacity. Durham will be seeking an initial Certificate of Approval for the construction and operation of a facility for approximately 140,000 tonnes per year, The Capacity of the EFW Facility may be expanded, as required by Durham and York, up to the maximum permissible capacity set forth by the Ministry of the Environment in the Certificate of Approval which may be amended from time to time. The EFW Facility may not be expanded in excess of 400,000 tonnes per year. 4.3 At the time of any expansion, Durham will give consideration to improvements to the emission control system to meet the then current MACT standards and shall apply for a new or amended Certificate of Approval if required by the Province of Ontario. 4.4 Durham will not construct a transfer station for [Cl waste in Clarington without the agreement of Clarington. 3.3 Durham shall ensure that, where technically possible, the EFW Facility utilizes 2417 monitoring systems for such parameters as are deemed appropriate by the Ministry of the Environment. The results of such monitoring systems shall be made accessible to the public on a website or programmable display board designed for such purpose. In addition, Durham shall ensure that the operator monitors the ambient air in the immediate vicinity of the EFW Facility for a three year term commencing upon the commencement of operations. Page 42 12 Clarington Must Ask for BACT, Improved Emission Limits, Monitoring, Reporting • ESR Did Not Assess Impact of Increased Throughput on Operational Parameters/Conditions Affecting Emissions and Did Not Discuss Best Control Practices • How have the Regions demonstrated that the existing unit will be able to conform to the design and operation requirements in MECP Guideline A-7 and that to ensure best available control efforts are continually being demonstrated, how have Regions shown they conform with the best available pollution control requirements in leading jurisdictions (including U.S,)? • Continuous monitoring of Particulate Matter and Mercury in A-7 • More Ambient monitoring, including for VOCs • Environmental monitoring, including local eggs, dairy • Fully transparent AMESA monitoring —fulfill all Clarington requests • Monitoring for Ultrafine Particulates Page 43 Clarington Must Make an Elevation Request • An individual EA would address this issue by requiring an updated human health and ecological risk assessment to assess the impacts of the project as well as review by Ministry experts (including toxicologists) as well as outside agencies (Health Canada) and Medical Officers of Health • An individual EA would address this issue by requiring a team of technical experts at the Ministry to review and determine whether the Facility's ECA complies with the Ontario Regulation 419/05 and Section 10, 11, and 12 requirements to assess emissions for highest concentration/maximum emissions/testing across all operating scenarios. This would also determine whether the Air Quality Impact Assessment (AQIA) supporting the project was done in accordance with O. Reg 419/05. • An updated HHERA would provide assessment of Process Upset scenarios • An individual EA could provide a more thorough up to date assessment of greenhouse gas impacts as well as review by experts that are climate scientists. Such review is sorely needed. Durham is touting this project - which emits more greenhouse gas emissions - as having net benefits to climate change, but their assessment is outdated and employs inappropriate assumptions and comparisons. • An individual EA would be able to identify potential risks of the project and what additional monitoring, reporting and mitigation measures should be implemented to protect the community. Page 44 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Date of Meeting: Submitted By: Reviewed By: File Number: Report Subject: Council March 14, 2022 Report Number: PDS-016-22 Ryan Windle, Director of Planning and Development Services Mary -Anne Dempster, CAO By-law Number: PLN 33.22 Resolution#: Update and Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Recommendation: 1. That Report PDS-016-22 and any related communication items be received; 2. That the responses from the Regions of Durham and York (Regions) to the Municipality's comments on the Durham York Energy Centre (DYEC) throughput increase (from 140,000 to 160,000 tonnes per year) Environmental Screening Process be received; 3. That Council direct Staff to undertake Option as identified in Report PDS-016-22: Option 1 — Ministry Request That staff be directed to request the Ministry of Environment, Conservation and Parks (MECP) i) confirm their review and acceptance of the air quality modelling methodology, data inputs, and Air Quality Impact Assessment completed as supporting documentation to the Environmental Screening Process, and ii) respond to concerns regarding elevated levels of nitrogen dioxide, sulphur dioxide and benzo[a]pyrene in the local airshed and the relative contributions of the DYEC; and further Staff be directed to prepare a briefing document on planned future development in the South Courtice Area to support DYEC emissions dispersion modelling considerations by the Regions and MECP during the subsequent Environmental Compliance Approval Amendment process. Page 45 Municipality of Clarington Resort PDS-016-22 Option 2 — Elevation Request Page 2 That staff be directed to submit an Environmental Assessment elevation request to the Director of the Environmental Assessment and Approvals Branch, MECP. 4. That all interested parties listed in Report PDS-016-22 and any delegations be advised of Council's decision. Page 46 Municipality of Clarington Resort PDS-016-22 Report Overview Page 3 PDS-016-22 responds to Council Resolution #C-040-22 regarding the Municipality's comments on the Durham York Energy Centre Throughput Increase (140,000 to 160,000 tonnes per year) Environmental Screening Process. In accordance with Council's direction Planning and Development Services staff and representatives of the Regions project team have engaged in discussions regarding the Municipality's comments, to work towards resolution of concerns by the March 14, 2022 Council meeting. This report outlines the outcomes of these discussions and seeks Council's direction on next steps. Final comment responses are being prepared by the Region and will be submitted to the Municipality, separately. 1. Background 1.1 The Regions of Durham and York (Regions) are seeking environmental permissions to increase the processing capacity at the Durham York Energy Centre (DYEC) by 20,000 tonnes to 160,000 tonne per year. As a first step in the permitting process, the Region has undertaken an Environmental Screening Process (ESP) under the Environmental Assessment Act. 1.2 Report PDS-008-22 presented Clarington staff's comments and recommendations on the ESP, prepared with technical assistance from Dillon Consulting. On February 14, 2022, Council approved Resolution #C-040-22 providing direction on the submission of the Municipal comments and further discussions with the Regions for the purposes of resolving concerns prior to the March 14, 2022 Council meeting. 1.3 In response to the concerns of delegations that appeared before Council on February 7 and 14, 2022, Resolution #C-040-22 included amendments by Council. A consolidated list of the requests of the Municipality is provided as Attachment 1. 1.4 Mutual agreement notices from the Regions and the Municipality to continue discussions beyond the 60-day review period established for the ESP were submitted to the Director of the Environmental Assessment and Approvals Branch (EAAB), Ministry of Environment, Conservation and Parks (MECP) on February 18, 2022 (see Memo- 010-22). 1.5 The purpose of this report is to inform Council of the Regions' responses to the Municipality's comments and seek Council's direction on next steps. 2. Discussion Discussion of Municipal Comments 2.1 The following timeline summarizes the sequence of consultation with the Regions in response to the Municipality's comments on the project: Page 47 Municipality of Clarington Report PDS-016-22 Page 4 Timeline Action Dec. 20, 2022 Region issued ESP Notice of Completion Feb. 7, 2022 Municipal comments to Planning and Development Committee (Report PDS-008-22) Feb. 8, 2022 Preliminary meeting with the Region of Durham to request agreement on a mutually acceptable time period to review the Municipality's comments and attempt to resolve concerns. Feb. 11, 2022 Meeting with the Regions and Municipality/Regions consultants to review and discuss the Municipality's comments. Feb. 14, 2022 Update to Council (PDS-009-22) and direction to submit the necessary notice to MECP regarding continuation of discussions with the Region beyond the 60-day review period. Feb. 15, 2022 Final Municipal comments, as amended by Council in response to the concerns of community members about the project, submitted to the Regions. Feb. 18, 2022 Separate notices of agreement to on -going discussions submitted to the MECP by the Municipality and Regions. Feb. 18, 2022 Draft Municipal comment responses received from the Regions (for discussion purposes). Feb. 24, 2022 Meeting with the Regions and Municipal/Regions consultants to seek clarity and additional information in response to the draft Municipal comment responses Mar. 4, 2022 Revised draft Municipal comment responses received from the Regions (for discussion purposes). Mar. 7, 2022 Update to Planning and Development Committee (Memo-010- 22). Mar. 7-9 Additional questions and information requests submitted to the Regions. 2.2 At the time of writing this report, the Regions were working to address the additional questions submitted by staff and preparing a final response to the Municipality's comments on the Project. The following sub -section summarizes key elements of the consultation to date from the perspective of staff, based on discussions with the Region. Municipality of Clarington Report PDS-016-22 Comment Responses Page 5 2.3 In response to several of the Municipality's comments relating to the modelling methodology, data inputs, and emissions calculations, the Regions have provided further explanation and re -stated the involvement of the MECP in the review and approval of the modelling approach and parameters, and in the review of the air quality impact assessment (AQIA) that was undertaken. Copies of documentation to confirm the MECP review and approval of the modelling approach/parameters and meteorological and terrain (MET) data were provided. Comments from the MECP on the September 2021 (draft) Air Quality Impact Assessment (Golder Associates) and the Regions responses were included in Record of Consultation Summary Report (Dec. 2021), provided as Appendix G to the Durham York Energy Centre Environmental Screening Report (Dec., 2021). No final confirmation of the MECP's acceptance of the emissions estimates / AQIA has been received. 2.4 Notably, the ESP is a proponent -driven, self assessment process; there is no requirement for formal approval by the MECP. The Municipality's consultant has advised staff that the documents provided by the Regions confirm the MECP acceptance of the modelling approach. However, to Staffs knowledge, acceptance of the Regions comments on the September 2021 draft AQIA could not be verified at the time of writing this report. Dillon Consulting recommends that the Municipality request that the MECP confirm that the emissions estimates and AQIA are appropriate and reasonably conservative. 2.5 The Regions have made commitments to address requests made by the Municipality, including the following: • Review of the location of sensitive land uses above ground level permitted by current zoning within the Energy Park as part of the Environmental Compliance Approval (ECA) Amendment process that will be undertaken upon completion of the ESP; • The inclusion of additional receptors representative of elevated receptors within the Courtice MTSA as part of the ECA Amendment process; • Re -modelling of worst -case scenario odour emissions from the DYEC under the 160,000 tonne per year scenario as part of the ECA Amendment process; • Assessment of air quality during process upset conditions, including start-up, shut- down and operating upset conditions as part of the ECA Amendment process; • Provision of all supporting documents to the ECA Amendment process, including the updated ESDM report, to the Municipality for review and commenting; Page 49 Municipality of Clarington Report PDS-016-22 Page 6 • Completion of an update to the Human Health and Ecological Risk Assessment (HHERA) as part of the future expansion to 250,000 tonnes per year of capacity; and Participation in discussions with local area stakeholders regarding Council's request for the establishment of a real-time air monitoring network, with any potential contributions being subject to discussion and Regional Council approval. 2.6 In summary, based on the discussions to date, the Regions have also indicated the following with the respect the remaining Municipal comments, which will be further elaborated on in the Region's final (pending) comment responses: • The Region of Durham continuously monitors best practices relating to the operation and monitoring of thermal waste treatment facilities; no changes to emissions control system are being proposed at this time; and Changes to the portion of the waste stream to be processed in the future at the Region of Durham's proposed pre-sort facility before being sent for final disposal at the DYEC will not have a significant effect on the overall waste composition processed at the DYEC; as a result, the waste composition scenario and corresponding emissions profile remains unchanged for the purposes of modelling. 2.7 In response to concerns of Council and members of the public, the final Municipal comments approved by Council were amended to include the request that an updated HHERA be undertaken for the proposed increased in throughput capacity to 160,000 tonnes per year, and that "the HHERA include the south Clarington airshed as a whole and include a toxicological assessment and a satisfactory opinion from the Medical Officer of Health for Durham Region." In response, the Regions have re -affirmed to staff that the original HHERA completed in 2009 as a component of the Environmental Assessment for the DYEC considered up to the maximum design capacity of 400,000 tonnes per year. Further, the Regions have committed to completing an update to the HHERA as part of the future expansion of the DYEC to 250,000 tonnes per year, not as part of the current project. 2.8 Council's amendments to Municipal comments also sought to address concerns respecting already elevated background concentrations of nitrogen dioxide, sulphur dioxide and benzo[a]pyrene and to mitigate for any additional contributions from the DYEC. The Regions have re -affirmed that the results of the cumulative assessment demonstrate that maximum predicted concentrations of nitrogen dioxide and sulphur dioxide are below the applicable provincial air quality standards and that emissions of these compounds are continuously monitored. In addition, the Regions have stated that emissions from the DYEC contribute less than 1 % to the total ambient benzo[a]pyrene concentrations for all scenarios assessed as part of the AQIA and ambient concentrations are generally attributed to already elevated background concentrations in the area. Page 50 Municipality of Clarington Report PDS-016-22 Environmental Screening Process Page 7 2.9 The Guide to Environmental Assessment Requirements for Waste Management Projects (MECP, 2007) outlines the process for undertaking an ESP, where applicable. In accordance with ESP guidance, the Regions carried out the required minimum 60- day public review period from December 20, 2021 to February 18, 2022. 2.10 The ESP is a proponent -driven process where comments and concerns with the project are to be directly addressed with proponents (i.e the Regions). Where there are outstanding concerns, interested parties (including local municipalities) may submit a request to the Director of the EAAB, MECP for elevation of the project to an individual Environmental Assessment during the 60-day review period. In this case, where the Municipality and Regions agreed to a discussion period extending beyond the 60-day review period, any request to the MECP for elevation of the project must be submitted within a further 7-days following the additional discussion period agreed to (i.e. by March 21, 2022). Once elevation requests are withdrawn or resolved (if received), the proponent files a final Statement of Completion and can proceed with the project, subject to any other required approvals. 2.11 Staff understands that several requests for elevation of the project to an individual Environmental Assessment have been submitted by others to the MECP. As a result of these requests and the on -going discussions with the Municipality, the Regions cannot proceed further with the project until a decision on those elevation requests has been issued by the MECP. 2.12 As stated in the ESP guidance, "the submission of an elevation request does not preclude the proponent from attempting to continue efforts to resolve concerns directly with the requester(s)." The Regions have previously indicated that responses to the comments of delegates appearing before Clarington Council on February 7 and February 14, 2022 will be prepared and documented in the final consultation summary report for the project and submitted to the MECP. Staff have requested the Regions confirm how they will respond to the elevation requests that have been submitted. In addition, the Director's decision on each elevation request received must state the reasons for the decision made. Next Steps 2.13 Staff and consultants from the Municipality and Regions have reviewed and discussed the Municipality's comments on the proposed DYEC throughput increase. With the mutually agreed to timeframe for discussions concluding on March 14, there are two possible next steps for Council's consideration as outlined in the Report Recommendations: Page 51 Municipality of Clarington Report PDS-016-22 Page 8 • Option 1 — Request the Province confirm their acceptance of the Regions Air Quality Impact Assessment; and Option 2 — Request the Province elevate the project to an individual Environmental Assessment. Option 1: Ministry Request 2.14 Council could direct staff to submit a request to the MECP to confirm the air quality modelling methodology, data inputs, emissions estimates, assessment and AQIA were appropriate and acceptable to the MECP and that all MECP comments have been addressed. The MECP could also be requested to respond to concerns regarding elevated levels of nitrogen dioxide, sulphur dioxide and benzo[a]pyrene in the local airshed and the relative contributions of the DYEC. 2.15 Regarding Municipal comments on known surrounding future land uses in the area (i.e. Clarington Energy Park, Courtice Major Transit Station Area and Courtice waterfront area), it is staff's opinion that there should be some certainty that future development, including the Municipality's ability to meet Regional and Provincial policy, will not be negatively impacted by DYEC operations. To support the Region and MECPs understanding and consideration of this area during the ECA Amendment process, staff can prepare a briefing document on planned future development in the South Courtice Area, including criteria and parameters that would support the development of inputs for updated Emissions Summary and Dispersion Modelling (ESDM) reporting. Much of this work would be supported by information being compiled in response to Council's request for an individual Environmental Assessment for the Region of Durham's proposed pre-sort and anaerobic digestion facility. 2.16 As summarized in section 2.5, the Regions have made commitments to the Municipality to address concerns raised. In accordance with the ESP guidance, the Regions are required to notify the Director of the EAAB, MECP of the commitments made and to implement the project in accordance with all such commitments. 2.17 An updated ESDM Report will be prepared by the Regions as supporting documentation for the ECA Amendment process that the Regions are also required to undertake. The Regions have committed to provide the ECA Amendment application and supporting documents, including the updated ESDM Report, to the Municipality as part of the ECA Amendment process. 2.18 Due to the specialized expertise required, a third party consultant would be needed to assist Council and Staff in a technical review of the air quality components of the ECA application. Given the questions and comments of Council and members of the public brought forward to the Municipality, a comprehensive peer review would be necessary to fully respond to the concerns raised, if necessary and desired by Council. Staff could Page 52 Municipality of Clarington Report PDS-016-22 Page 9 provide an update to Council and outline the cost and budget options available for a peer review options available, if necessary, pending the issuance of decisions by the Director on the elevation requests submitted. Option 2: Elevation Request 2.19 Should the concerns of Council not be addressed, an alternate option for Council's consideration is to simply direct staff to submit an elevation request to the MECP, in accordance with the requirements set out in the Guide to Environmental Assessment Requirements for Waste Management Projects (MECP, 2007). Such a request must include the following: • Name of the project and proponent; • Name of the project and proponent; • Basis of the request; • Request that the project be elevated to an individual environmental assessment; • Nature of the specific environmental concerns that remain unresolved; • Benefits of requiring the proponent to undertake an individual environmental assessment; • Information about any efforts to discuss/resolve these concerns/environmental effects with the proponent; • Details of any correspondence between the person and the proponent; and • Any other matters considered relevant by the requesting person. 2.20 The Municipality would have until March 21, 2022 to prepare and submit the elevation request. With limited time available, Staff would package the comments received from our consultant, members of the public and the responses provided by the Regions and provide them to the MECP as the elevation request. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that Council provide direction to staff on which option they would prefer and any additional reasoning for supporting this request that could be provided to the MECP. Staff Contact: Amy Burke, Senior Planner, 905-623-3379 ext. 2423 or aburke@clarington.net. Page 53 Municipality of Clarington Page 10 Report PDS-016-22 Attachments: Attachment 1 — Consolidated List of Municipal Comments/Requests Interested Parties: The following interested parties will be notified of Council's decision: Gioseph Anello, Director, Waste Management Services, Region of Durham Andrew Evans, Project Manager, Waste Planning & Technical Services, Region of Durham Celeste Dugas, Manager, York Durham District Office, MECP Philip Dunn, Senior Environmental Officer, York Durham District Office, MECP Jeff Butchart, Issues Project Coordinator (Acting), York Durham District Office, MECP Wendy Bracken Linda Gasser Kerry Meydam Clarington Clear c/o Karrie Lynn Dymond Page 54 Attachment 1 to PDS-016-22 Durham York Energy Centre Throughput Increase (from 140,000 to 160,000 tonnes per year) Environmental Screening Report (December 2021) Consolidated List of Municipality of Clarington Comments / Requests: That the Region of Durham and Region of York (Regions) and Ministry of Environment, Conservation and Parks (MECP) review the agreed to modelling methodology / data inputs to confirm their appropriateness, taking into consideration Recommendation #1, #2, #3, #4 and #8 from Dillon Consulting, as described in Attachment 2 to PDS-008-22. 2. That the Regions and MECP review the Air Quality Impact Assessment (AQIA) (Golder Associates, December 2021) to confirm that all appropriate, reasonably foreseeable future activities have been included (see Dillon Consulting Recommendation #5). 3. That the Regions and MECP include the Courtice Major Transit Station Area in the AQIA and assess whether the proposal may have potential negative effects on the future development of this area and the Municipality's ability to achieve provincial and regional land use policy requirements. 4. That the Regions and MECP consider the current waste composition scenario and the future "pre-sorted" waste composition scenario as part of the demonstration of compliance with air quality limits that the Regions are required to undertake to support their Environmental Compliance Approval (ECA) Amendment application for the proposed throughput increase. 5. That Durham confirm how it has addressed the applicable requirements of the Host Community Agreement. 6. That the Site -Specific Human Health and Ecological Risk Assessment (HHERA) be comprehensively updated as part of the supporting studies to expand the DYEC to process 160,000 tonnes per year, including that the scope of the update consider the effect of DYEC upset conditions at this significantly increased capacity and that the HHERA include the south Clarington airshed as a whole, and include a toxicological assessment and a satisfactory opinion from the Medical Officer of Health for Durham Region. 7. That the Regions and MECP undertake additional technical studies as a component of the ECA Amendment application to verify that the no increase in odours is expected from the proposal (see Dillon Recommendation #6). 8. That the Region identify and implement mitigation measures to prevent the risk of nitrogen dioxide, sulphur dioxide and benzo[a]pyrene exceedances identified in the AQIA, where practicable. 9. That the Regions and MECP commit to public consultation as a component of the ECA Amendment process to provide the Municipality and the Public opportunity to Page 55 review and provide comment on the application, including all supporting technical studies and other documents. 10. That the Regions and MECP confirm that all stack parameters and emission rates have been appropriately characterized. Page 56 If you require this information in an accessible format, please contact The Regional Municipality of Durham at 1-800-372-1102 ext. 3560. 77OD)) 1 + 1 DURHAM REGION March 11, 2022 Mayor Foster and Members of Clarington Council c/o June Gallagher, Municipal Clerk Clerk's Department Municipality of Clarington 40 Temperance Street Bowmanville, Ontario 1_1 C 3A6 Attention: Mayor Foster and Members of Clarington Council RE: Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Regional Municipalities of Durham and York Response to Municipality of Clarington Comments — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) The Regional Municipality of Durham and the Regional Municipality of York (Regions) have received Staff Report: PDS-008-22 (Staff Report) containing comments and recommendations from the Municipality of Clarington (Clarington) regarding the ongoing Environmental Screening Process for the Durham York Energy Centre's (DYEC) throughput increase. Following receipt of Clarington's Staff Report by the DYEC Project Team, a meeting was held on February 11, 2022, between the Regions and Clarington Municipal staff with support from the Regions' Technical Consultants. The purpose of the meeting was to discuss the comments in the Staff Report ahead of the DYEC Project Team preparing draft responses, as well as to set a preferred path forward for the parties to resolve the comments, given the closure of the 60-day review period on February 18, 2022. A comment -response table has been developed and a draft copy was provided to Clarington staff ahead of the February 18 comment closure period. Given the nature of the comments and the timeline of the current process, both parties acknowledged that the issues were unlikely to be resolved prior to the closure of the comment period. Given the impending process timeline, and with the understanding that the responses will be provided by Clarington staff to their Council, the parties agreed that it would be acceptable to continue the discussions, with the intention of finalizing resolutions prior to Clarington's March 14, 2022, Council meeting. Additionally, it was agreed that the Ministry of the Environment, Conservation and Parks would be advised of the ongoing commitment between the parties to address concerns identified within the Staff Report. Page 57 Mayor Foster and Members of Clarington Council DYEC Throughput Increase from 140,000 to 160,000 Tonnes per Year Regional Municipalities of Durham and York Response to Municipality of Clarington Comments - Municipality of Clarington Report #PDS-008-22 (February 7, 2022) March 11, 2022 Page 2 of 2 Please accept this letter as a confirmation that the DYEC Project Team has received Clarington's comments and has provided responses to the concerns identified in the Staff Report in keeping with the approach described above and has provided those comments and commitments to the Ministry of the Environment, Conservation and Parks as part of the ongoing screening process. Given that all of Clarington's concerns have been formally addressed, the Regions look forward to Clarington's continued support of the development and operation of the DYEC in accordance with Clarington's commitments in the Host Community Agreement. Sincerely, 1�1\w Gioseph Anello, M.Eng., P.Eng., PMP Director, Waste Management Services The Regional Municipality of Durham 905-668-7711 extension 3445 Gioseph.Anello@durham.ca J( "Laur McDowell, P.Eng. Director, Environmental Promotion and Protection The Regional Municipality of York 905-830-4444 extension 75077 Laura. McDowell@york.ca C. M. Dempster, Chief Administrative Officer, Municipality of Clarington R. Windle, Director, Planning and Development Services, Municipality of Clarington F. Langmaid, Manager, Planning and Development Services, Municipality of Clarington A. Burke, Senior Planner, Planning and Development Services, Municipality of Clarington J. Henry, Regional Chair and Chief Executive Officer, Durham Region E. Baxter-Trahair, Chief Administrative Officer, Durham Region S. Siopis, Commissioner, Works, Durham Region E. Mahoney, Commissioner, Environmental Services, York Region A. Evans, Project Manager, Waste Planning and Technical Services, Durham Region M. Farid, Contract Management Engineer, Environmental Services, York Region Attachment #1: Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year: Regional Municipalities of Durham and York Responses to Municipality of Clarington Comments in Report #PDS-008-22 (February 7, 2022) Page 58 Attachment #1 Page 1 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report Municipality of Clarington Comments on the Environmental Screening Report 1.1 Review of the ESR has been supported by Dillon Consulting Limited (Dillon). The Municipality retained Dillon in 2020 to assist Council and staff to understand and comment on the technical air quality components, regulatory requirements, and cumulative impact of the DYEC proposal to increase throughput, as well as St. Mary's Cement's 2020 ECA Amendment application for the expanded use of Low Carbon Alternative Fuels (previously completed). Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.2 The review completed by Dillon on the DYEC proposal is provided as Attachment 2. Dillon has provided recommendations which are intended to support further consultation with the Regions and MECP in the review of this proposal. The comments and recommendations outlined below consider the advice of the Municipality's consultant, as well as public comments communicated directly to Clarington staff, prior to writing this report. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.3 In summary, Dillon's review of the AQIA finds that the Regions' assessment has generally followed good industry practice, is aligned with provincial guidance, and has generally taken a conservative approach. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.4 Dillon provides several recommendations to confirm the appropriateness of specific modelling and data inputs used by the Regions, ensuring the modelling is appropriately characterized and conservative. These inputs include: The data selected to represent background conditions, confirming the approach to selecting background concentrations was sufficiently conservative; • The identification of receptor locations for modelling, ensuring they sufficiently considered sensitive uses permitted by current zoning for the Energy Park; • The assumptions relating to the stack flow and stack temperature increase; and Page 59 Attachment #1 Page 2 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report • The absence of an assessment of process upset conditions. Dillon Consulting Recommendation: That the Municipality request that the Regions and MECP review the agreed to modelling methodology / data inputs to confirm their appropriateness, taking into consideration Recommendation #1, #2, #3, #4 and #8 from Dillon, as described in Attachment 2. Regional Municipality of Durham and Municipality of York Response: The modelling/methodology approach was approved by the MECP prior to it being administered by Golder Associates. Upon completion of the testing, the MECP conducted a comprehensive review of the AQIA (September 2021 draft) and provided comments. All comments were adequately addressed by the Region and Golder Associates. 1.5 The AQIA uses ambient monitoring data to represent background conditions. The data period used considered all available data up to and including 2019. The background air quality concentrations are carried forward to the cumulative air quality assessment. The data period selected does not account for the expanded use of Low Carbon Alternative Fuels at the nearby St. Mary's Cement — Bowmanville Site. Dillon Consulting Recommendation: That the Municipality request that the Regions and MECP review the AQIA to confirm that all appropriate reasonably foreseeable future activities have been included (Dillon Recommendation #5). Regional Municipality of Durham and Municipality of York Response: The modelling/methodology approach was approved by the MECP prior to it being administered by Golder and Associates. The Region will continue to adhere to all applicable MECP guidelines and regulations in regard to current and future operations at the DYEC. Additionally, as part of St. Mary's modelling process, the results of the draft AQIA were included with their baseline assessment. 1.6 The DYEC is situated in close proximity to multiple new development areas being planned by the Municipality. These include the Courtice Waterfront and Energy Park Secondary Plan and the Courtice Employment Lands and Major Transit Station Area (MTSA) Secondary Plan. Both Secondary Plan areas are envisioned to undergo significant transformation from their current predominantly agricultural use into thriving neighborhoods with amenities, Page 60 Attachment #1 Page 3 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report opportunities for recreation, and residential uses. In accordance with provincial and regional policy, this includes planning to achieve transit supportive densities and a diverse mix of uses in the Courtice GO MTSA. Policy requires that the Municipality plan to accommodate a minimum overall density target of 150 people and jobs per gross hectare in the Courtice GO MTSA. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.7 It is unclear in the ESR or AQIA whether the dispersion of indicator compounds that may be achieved by the proposed increase in throughput will potentially impactthese developments and the Municipality's ability to meet provincial and regional land use policy requirements for transit -oriented development. It is noted that a Land Use Compatibility Study by the Courtice Waterfront Landowners is underway and will be subject to review and acceptance by the Region. Dillon Consulting Recommendation: That the Municipality request the Regions and MECP include the Courtice MTSA in the AQIA and assess whether the proposal may have potential negative effects on the future development of this area and the Municipality's ability to achieve provincial and regional land use policy requirements. Regional Municipality of Durham and Municipality of York Response: The modelling/methodology approach was approved by the MECP prior to it being administered by Golder Associates. Upon completion of the AQIA, the MECP conducted a comprehensive review of the results and provided comments. All comments were adequately addressed by the Region and Golder Associates. If further requests are made by the MECP regarding the ESR and or AQIA, the Region will review and act accordingly. As per previous discussions, the modelling to be completed for the ESDM report update and ECA application process, can include additional receptors representing future elevated air intakes within the MTSA. The receptors included in the modelling include a grid of at -grade receptors, this would cover the Courtice MTSA at -grade locations. Elevated receptors could be used to assess the locations of air intakes on the Courtice MTSA buildings once design plans are available. The locations of air -intakes at proposed developments can typically be factored into the design of a new development to reduce the potential for air quality impacts. Page 61 Attachment #1 Page 4 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.8 The ESR indicates that the MECP requires an updated Emissions Summary Dispersion Modelling (ESDM) report as supporting documentation for a future ECA Amendment application, demonstrating that the proposal will be compliant with Ontario Regulation 419/05: Air Pollution — Local Air Quality. Dillon's review notes that changes to the composition of the DYEC waste stream have the potential to affect the assumptions made within the AQIA, thereby potentially effecting its results. Regional Municipality of Durham and Municipality of York Response: The Region will provide all supporting documents to the ECA and the ESDM to Clarington as part of the ESDM process. At this time, there are no changes to the waste composition anticipated, materials received from York Region, as well as materials from Durham Regions waste management facilities will not be processed within the proposed facility. While the future development of the Mixed Waste Pre-sort/Anaerobic Digestion facility will remove organics and non -combustibles from the waste, providing a more stable fuel source as a result of a higher heating value for the portion of material that passes through that facility, as the boilers are designed to accommodate variability in received waste streams. It is important to note that waste compositions are expected to generally evolve over time as new packaging materials are being developed, and residents' habits change. An example of this is the impact of the COVID-19 pandemic; we did see a change in waste composition as the number of single - use plastics (i.e. gloves and masks), packaging materials (i.e. Amazon boxes and home delivery food kits), and overall volume of waste increased as residents were at home. 1.9 The Region of Durham (Durham) is currently in the procurement process for the future establishment of a waste pre-sort and anaerobic digestion facility. Staff understand that commissioning of the facility is targeted for 2026. Pre- sorting post -diversion waste collected by Durham is intended to remove organic waste and non -diverted recyclables prior to final disposal at the DYEC. Durham reports that nearly 50% of post -diversion waste collected and destined for the DYEC is organics suitable for anaerobic digestion, while approximately 4% is blue box recyclables. Regional Municipality of Durham and Municipality of York Response: No Response Required. Page 62 Attachment #1 Page 5 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.10 Council and staff appreciate the beneficial contribution of the pre-sort and anaerobic digestion facility to delay future expansions of the DYEC beyond 160,000 tonnes per year. Durham is the majority owner of the DYEC, contributing roughly 78% of the current approved annual capacity. Council may consider seeking clarity from the Region on the potential effect of waste composition change due to pre-sorting on the emissions from the DYEC or the potential effects to air quality. Dillon Consulting Recommendation: That the Municipality request the Regions and MECP review the AQIA to confirm that the future "pre-sorted" waste composition scenario has been appropriately considered (Dillon Recommendation #7). Regional Municipality of Durham and Municipality of York Response: As noted in the response to 4.8, there is no change anticipated in the overall waste composition. The future development of the Mixed Waste Pre- sort/Anaerobic Digestion facility will remove organics and non -combustibles from the waste, providing a more stable fuel source, and waste materials/composition incoming from York Region and Durham's Waste management Facilities will not change. It is important to note that waste compositions are expected to change over time; as new packaging materials are being developed, and changes to policies and residents' habits will change, the facility as designed is able to accommodate those changes as part of their operations. 1.11 The Host Community Agreement (HCA) for the DYEC sets out criteria and processes that are to be considered when expansions to the waste capacity occur. Durham committed that "at the time of any expansion, Durham will give consideration to improvements to the emission control system to meet the then current MACT standards...". "MACT" stands for Maximum Achievable Control Technology. The commitments on air emission technology and the waste sources and composition asset out in the EA remain applicable. The current proposal for increased tonnage will not trigger other clauses about building expansion and site plan amendments, as the existing boiler units can address the increase in tonnage. Clarington, for its part committed, in the HCA, to not oppose the development or operation of the facility. Dillon Consulting Recommendation: That the Municipality request Durham confirm how it has addressed the applicable requirements of the Host Community Agreement. Page 63 Attachment #1 Page 6 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report Regional Municipality of Durham and Municipality of York Response: The increase from 140,000 metric tonnes to 160,000 metric tonnes does not require an expansion or alteration of the current equipment or operations but is instead seeking to optimize operations and reduce periods where boilers are slowed or shutdown to comply with permit limits. The Regions through review of documentation, and through expertise from industry representatives do monitor advances in monitoring technology and changes to best practices related to the operation and provided an update to Durham Regional Council during 2020 (#2021-INFO-35). No changes to emission control systems are being proposed at this time. 1.12 As indicated in the ESR, the potential for the proposal to have environmental effects on air quality exists because of stack emissions. On multiple occasions, Staff and Council have heard concerns respecting the potential risk of bioaccumulation as a result of the emissions from the DYEC. A Site -Specific Human Health and Ecological Risk Assessment (HHERA) was completed for the facility as part of the 2009 EA and was peer reviewed by the Municipality's consultants (SENES). The peer review concluded that the HHERA for the DYEC considering the 140,000 tonne per year scenario was comprehensive and conformed to risk assessment guidance. It was recommended that the HHERA be updated when the facility expands to 250,000 and 400,000 tonnes per year, as was envisioned at the time. Regional Municipality of Durham and Municipality of York Response: The results of the human health risk assessment and the ecological risk assessment (HHERA) undertaken in 2009, indicate that emissions from the DYEC under normal operating conditions would not lead to any adverse health or ecological impacts to local residents, farmers, other receptors or species at risk under either the initial design capacity of 140,000 tonnes up to the maximum design capacity of 400,000 tonnes. Updated emissions modeling confirming no adverse impact for the 160,000 tonne scenario is included in the Screening Report. Air quality standards and emissions limits do consider risk thresholds within the establishment of these limits, and as a result HHERA's are not a typical requirement of environmental permitting processes, including individual Environmental Assessments. The Region adheres to all MECP requirements and regulations in the daily operations of the DYEC and will continue to do so in all future improvements to the facility. The inclusion of the entire South Clarington Airshed goes well below the limits of the project scope and would need to consider impacts of numerous other emitters beyond the Facility. The proponents have committed to completing an update to the HHERA as part of the future expansion to 250,000 tonnes per year of capacity. Should Clarington wish to undertake an assessment considering all emission sources within the airshed the facility could make any required data available. Page 64 Attachment #1 Page 7 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.13 There were comments and suggestions for improvement in the HHERA modelling based on operational information. Also, given the age of the HHERA, updating of air emissions standards, changes to baseline conditions existing in the area and significant new development underway, the peer review comments continue to provide valuable guidance. Dillon Consulting Recommendation: That the Municipality reaffirm its previous request to the Region and MECP that the Site -Specific HHERA be comprehensively updated as part of the supporting studies for the EA to expand the DYEC to process 250,000 tonnes per year, including that the scope of the update consider the effect of DYEC upset conditions at this significantly increased capacity. Regional Municipality of Durham and Municipality of York Response: The Region adheres to all MECP requirements and regulations in the daily operations of the DYEC and will continue to do so in all future improvements to the facility. Comprehensive updates would include assessments of upset conditions but would also need to consider the facilities operating record and the appropriate level of conservatism as part of the development. 1.14 Dillon's review of the ESR confirms that odour management practices currently in place at the DYEC reflect good industry practice. However, a concern is raised regarding whether sufficient justification is provided to confirm the conclusion that the proposed increased throughput will not contribute to odour concerns. Potential odour emissions for current DYEC operations were originally assessed using modelling as part of the initial ECA Amendment application for the facility. Verification by means of on -site sampling was subsequently undertaken in 2015. Dillon Consulting Recommendation: That the Municipality request that the Regions and MECP undertake additional technical studies as a component of the ECA Amendment application to verify that the no increase in odours is expected from the proposal (Dillon Recommendation #6). Regional Municipality of Durham and Municipality of York Response: No Response Required. Page 65 Attachment #1 Page 8 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.15 The results of the cumulative assessment completed as a component of the AQIA indicate that the maximum predicted concentrations of nitrogen dioxides would exceed the relevant air quality criteria during testing of the standby emergency diesel generator. This testing occurs for up to a one -hour period, once per week. The assessment approach was considered to be very conservative, using worst case meteorological conditions. The exceedance was relative to the more stringent Canadian Ambient Air Quality Standards (CAAQs) of 79 ug/m3 in comparison to the Ontario Ambient Air Quality Criteria (AAQC) of 400 ug/m3. Notwithstanding, no mitigation measures were proposed. While neither the CAAQs or Ontario AAQCs are regulatory compliance limits, minimizing or eliminating the risk of exposure where feasible is requested. Dillon Consulting Recommendation: That the Municipality request the Region identify and implement mitigation measures to prevent the risk of nitrogen dioxide exceedances identified in the AQIA, where practicable. Regional Municipality of Durham and Municipality of York Response: In the 2011 ESDM report, worst case odour emissions were assessed during upset conditions when both trains are offline for an extended period and the pit is at its capacity. Under this scenario, the fans would still be operating, drawing air through the combustion system and releasing uncombusted odorous air into the atmosphere. The maximum predicted 10-minute averaged concentration was approximately 12% of the odour guideline at 0.12 OU/m3. No change is proposed to the maximum amount of waste in the pit on a 1-hour basis and no change is proposed to the combustion air fans. As such, no change is proposed to the maximum odour scenario, and it was not considered further in the ESR. This scenario will be re -modelled as part of the ECA Amendment application, as required. 1.16 In addition to nitrogen dioxides, the AQIA cumulative assessment indicated that exceedances of air quality criteria were also predicted for benzo(a)pyrene. The concentration of benzo(a)pyrene was reported to already be in exceedance of the standards in background (i.e. before any additional contribution from DYEC operating at increased capacity is added). Multiple exceedances of benzo(a)pyrene and sulphur dioxide over the applicable Ontario AAQCs at both the Courtice and Rundle ambient air monitoring stations are noted in the ESR. Page 66 Attachment #1 Page 9 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report Regional Municipality of Durham and Municipality of York Response: The modelling/methodology approach was approved by the MECP prior to it being administered by Golder Associates. Upon completion of the AQIA, the MECP conducted a comprehensive review of the results and provided comments. All comments were adequately addressed by the Region and Golder Associates. The DYEC as modeled within the AQIA is not a significant contributor of benzo(a)pyrene, and exceedances are generally attributed to the high background levels which exist across the area. Nitrogen dioxide levels are associated with the operation of the emergency generator and will be further assessed during ECA development. Although the generator was considered as a source to be conservative, there are further guidelines on how these systems are addressed within models to reflect the nature and frequency of their operation, which will be further refined during the modelling for the facility ECA application. The impact of DYEC emissions were evaluated individually and cumulatively and compared to the relevant ambient air quality criteria. The cumulative assessment of emissions (i.e. the contribution of multiple sources) have been evaluated. The ultra -conservative scenario assumes that the meteorological conditions which result in the greatest ground level concentrations from DYEC occur at the same time as the maximum on -site activities take place, and during a period when ambient air quality conditions are at the 90th percentile. The likelihood of all these factors occurring concurrently is low. Nitrogen oxide emissions from DYEC were calculated based on the Ontario A-7 emission limits, which is conservative as source testing data has historically been less. Predicted concentrations were compared to the Canadian Ambient Air quality criteria of 79 pg/m3 on a 1 hour averaging period. The Ontario Ambient Air Quality Criteria is 400 fag/m3 over the same 1 hour averaging period and is still used as an indicator of good air quality. The maximum predicted cumulative concentrations of Nitrogen dioxide are below the relevant Ontario AAQC for all modelled scenarios. Similarly, maximum predicted cumulative concentrations of sulphur dioxide are below the relevant provincial and federal AAQC. Emissions of these contaminants are measured constantly through CEMS to confirm the emissions are less than the A-7 emission limits with data available online. The Courtice and Rundle stations also continuously measure concentrations of these contaminants with summary reports published online once a quarter. As identified in the AQIA, Emissions from DYEC contribute less than 1 % to the total ambient benzo(a)pyrene concentration for all assessed scenarios. Levels of benzo(a)pyrene around the DYEC have remained steady, suggesting the DYEC is not a significant source of benzo(a)pyrene. Typically, benzo(a)pyrene is emitted as a product of incomplete combustion, particularly in car exhaust, Page 67 Attachment #1 Page 10 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report therefore initiatives related to local traffic would be more beneficial to reduce ambient benzo(a)pyrene levels than actions at DYEC. Concentrations of Benzo(a) pyrene are measured at the Courtice and Rundle ambient stations. Summary reports of the ambient data are published online once a quarter. 1.17 The ESR attributes already elevated background concentrations of benzo(a)pyrene and sulphur dioxide to other nearby sources, including transportation emissions from Highway 401 and other industrial sources. Members of Council and the public have raised questions and concerns with respect to the state of the local airshed, and the potential cumulative effect of the industrial operations along Clarington's waterfront and the adjacent 400- series transportation network on local airshed quality. Regional Municipality of Durham and Municipality of York Response: The impact of DYEC emissions were evaluated individually and cumulatively and compared to the relevant ambient air quality criteria. The cumulative assessment of emissions (i.e. the contribution of multiple sources) have been evaluated. The ultra -conservative scenario assumes that the meteorological conditions which result in the greatest ground level concentrations from DYEC occur at the same time as the maximum on -site activities take place, and during a period when ambient air quality conditions are at the 90th percentile. The likelihood of all these factors occurring concurrently is low. Nitrogen oxide emissions from DYEC were calculated based on the Ontario A-7 emission limits, which is conservative as source testing data has historically been less. Predicted concentrations were compared to the Canadian Ambient Air quality criteria of 79 pg/m3 on a 1 hour averaging period. The Ontario Ambient Air Quality Criteria is 400 pg/m3 over the same 1 hour averaging period and is still used as an indicator of good air quality. The maximum predicted cumulative concentrations of Nitrogen dioxide are below the relevant Ontario AAQC for all modelled scenarios. Similarly, maximum predicted cumulative concentrations of sulphur dioxide are below the relevant provincial and federal AAQC. Emissions of these contaminants are measured constantly through CEMS to confirm the emissions are less than the A-7 emission limits with data available online. The Courtice and Rundle stations also continuously measure concentrations of these contaminants with summary reports published online quarterly. As identified in the AQIA, Emissions from DYEC contribute less than 1 % to the total ambient benzo(a)pyrene concentration for all assessed scenarios. Levels of benzo(a)pyrene around the DYEC have remained steady, suggesting the DYEC is not a significant source of benzo(a)pyrene. Typically, benzo(a)pyrene is emitted as a product of incomplete combustion, particularly in car exhaust, therefore initiatives related to local traffic would be more beneficial to reduce '� Attachment #1 Page 11 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report ambient benzo(a)pyrene levels than actions at DYEC. Concentrations of benzo(a)pyrene are measured at the Courtice and Rundle ambient stations. Summary reports of the ambient data are published online quarterly. 1.18 Based on the recommendation of the Municipality's consultant following their review of of St. Mary's Cement's ECA Amendment application to expand the use of Low Carbon Alternative Fuels at the Bowmanville Site, Council directed that staff work with MECP and industry (e.g. St. Mary's Cement and DYEC) to set up a real-time air quality monitoring network within the Municipality (Resolution #C-449-20). The conclusion of Dillon's review reaffirms their recommendation regarding the establishment of a real- time monitoring network in their review of the current DYEC proposal to increase throughput. Regional Municipality of Durham and Municipality of York Response: Please see Response to Dillon 's comment #2. 1.19 The regulation and monitoring of overall air quality in Ontario is the responsibility of the MECP. Council has previously been made aware of the air quality review completed by the MECP in July 2018 for the south Clarington area, which indicated that "analysis shows that air quality in Durham Region is similar to that of other urban settings in southern Ontario and the Greater Toronto Area." As an initial step in considering Council's request, MECP have agreed to update this summary. Additional monitoring with TAGA units in Clarington was conducted in the summer of 2021. Based on recent discussion with the MECP, staff anticipate that the updated air quality review will be provided within the first half of 2022. The mayor and staff have also engaged local industry on Council's request. The updated air quality review will be informative for this on -going work and is valuable to share with the community. Regional Municipality of Durham and Municipality of York Response: Regarding the DYEC, the Region currently monitors the operation of the facility in real-time and is in full compliance all regulatory standards and requirements. If a Municipal monitoring network is proposed and accepted by all stakeholders, the Region may be willing to contribute to such a network subject to discussions and Council approval. Page 69 Attachment #1 Page 12 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.20 Following the ESP, the Regions are required to apply for approval from the MECP to amend the existing ECA to permit the increase in annual processing capacity from 140,000 to 160,000 tonnes per year. While these applications are typically subject to requirements for posting for public comment on the Environmental Registry, there are limited opportunities for exemption where an equivalent public participant process has already been carried out for a proposal. It is not known at this time whether the consultation process carried out by the Regions as part of the ESP would warrant an exemption, or whether the Regions would seek the exemption. Further, the updated ESDM requested by the MECP has not yet been made publicly available. Dillon Consulting Recommendation: That the Municipality request the Region and MECP commit to public consultation as a component of the ECA Amendment process to provide the Municipality and the public opportunity to review and provide comment on the application, including all supporting technical studies and other documents. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.21 Several of the public comments reported in the ESR Record of Consultation Summary Report (December 20, 2021) raised questions and concerns relating to the potential effect of the proposal on waste reduction and diversion. The ESR outlines long term waste management planning activities underway by the Regions, which seek to maintain a focus on reducing the quantity of waste requiring disposal at the DYEC. Durham Region Council approved the 2022 — 2040 Long -Term Waste Management Plan and its first five-year action plan on January 26, 2022. The focus of the new LTWMP is on maximizing the diversion of materials from waste and recovering waste as resources to optimize its existing and planned disposal and processing infrastructure and minimize the need for disposal. Regional Municipality of Durham and Municipality of York Response: To date, the Region has adhered to all applicable MECP guidelines and regulations during the Environmental Screening Process and will continue to do so during the ECA application process in consultation and direction from the MECP. The Region believes formal EBR posting of the ECA application may not be required as a result of going through the screening process, however the Region is committed to provide all supporting documents to the ECA amendment process, including the updated ESDM report, to the Municipality for review and commenting. Page 70 Attachment #1 Page 13 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.22 Municipal staff were involved throughout the development of the Region's new Long- Term Waste Management Plan. On -going consultation with Local Area Municipalities, municipal Councils, and specific Municipal Departments on the implementation of actions was requested. The comments also underlined Council's Strategic Plan 2019 — 2022 goal to "advance waste reduction initiatives by promoting the four Rs: Refuse, Reduce, Reuse and Recycle." The development of an updated Long -Term Waste Management Plan by the Region supports the commitment made by the Region in the DYEC Host Community Agreement to the continuous implementation of a comprehensive waste management strategy. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.23 The ESR states that "industrial property values are anticipated to increase with the district heating potential and road infrastructure provided as part of the DYEC construction." One of the major advantages attributed to the DYEC in its EA and Host Community Agreement is its district energy potential. However, the necessary infrastructure beyond the east wall of the DYEC has not been implemented to encourage / promote and utilize the district heating and cooling potential of the DYEC. Regional Municipality of Durham and Municipality of York Response: No Response Required. 1.24 In 2021, a collaboration between the Municipality and Durham was initiated to assess viable options to provide a District Energy System (DES) to serve the Clarington Waterfront, Energy Park and surrounding secondary plan areas. A pre -feasibility study assessing the economic and carbon emission reduction potential of DES options for the area is anticipated to be completed in the coming weeks, the results of which will be presented to Durham and Clarington Councils with a request for direction on whether to proceed with a complete feasibility study. Regional Municipality of Durham and Municipality of York Response: No Response Required. Page 71 Attachment #1 Page 14 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.25 It is respectfully recommended that Council authorize staff to immediately notify the Region and MECP of our interest to have the comments set out herein addressed, and that a mutually agreeable time period to try to resolve concerns be established and communicated to the Director of the MECP prior to the end of the public review period. In order to keep Council informed and to have an opportunity to seek further direction from Council, it is recommended that staff report back with an update at the February 14, 2022, Council meeting. Regional Municipality of Durham and Municipality of York Response: A meeting between Clarington and Regions was held on February 11, 2022, to review comments submitted by Dillon. From this meeting, it was agreed upon that the conversation regarding the ESR will remain open beyond February 18, 2022, and the comments will be presented in Clarington's March 14, 2022, Council meeting. 1.26 That the Municipality of Clarington request that the Regions and MECP confirm that all stack parameters and emission rates have been appropriately characterized. Regional Municipality of Durham and Municipality of York Response: The Regions, MECP and Consultants have reviewed and confirmed that all stack parameters and emission rates have been appropriately characterized and are outlined in the ESR. The details on rejected waste can be found in the DYEC Annual reports which are posted on the website. Information that was provided in the ESR was based on the ESR MECP preparation guidance documents. Page 72 Attachment #1 Page 15 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report Dillon Consulting Ltd. Recommendations on the Environmental Screening Report 1.1 The Municipality should request that the Regions and MECP review the data selected to represent background conditions to confirm the assessment is appropriately conservative. Regional Municipality of Durham and Municipality of York Response: MECP reviewed the monitoring data used in the AQIA and provided comments, which were addressed. No monitoring station can ever be 100% upwind or downwind of a facility. The two stations were sited in consultation with MECP in 2013, to represent "typical" upwind and downwind location from DYEC, using the prevailing wind direction. Background air quality data used in the AQIA was taken from the Courtice Station where available, as this station was sited to be upwind of DYEC for the prevailing wind direction and would therefore reduce the likelihood of double counting emissions from existing operations. The Rundle station is predominantly downwind of DYEC and would be less representative of background conditions in the absence of any impacts from DYEC. It would include a greater amount of monitoring periods that include a contribution from the existing operations of DYEC. As a result, the use of the 90%ile of monitored data from Courtice Station to represent background air quality is considered to be representative, while still conservative as the air quality concentrations have historically been lower than these concentrations, 90% of the time. 1.2 The Municipality should request that the Regions and MECP review and confirm that elevated concentrations at the Rundle monitoring station have been appropriately attributed and that potential impacts from DYEC have been considered Regional Municipality of Durham and Municipality of York Response: Ambient air quality reports for Courtice and Rundle monitoring Stations have been prepared quarterly since 2013 and are submitted to MECP for review. Copies of these reports are available publicly on DYEC website. The Rundle Station is located closer to Highway 401 than the Courtice station, which is anticipated to be the source of elevated Benzo(a)pyrene concentrations due to emissions from vehicles. Studies by the US EPA have found that roadways generally influence air quality within a few hundred metres downwind of a heavily travelled road. The actual distance varies by location, time of day, year, prevailing meteorology, topography and traffic patterns (US EPA 2014). Page 73 Attachment #1 Page 16 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report Highway 401 is one of the most heavily travelled roads in North America and is located upwind of Rundle monitoring station and downwind of Courtice monitoring station, based on the prevailing wind direction. This explains the higher Benzo(a)Pyrene concentrations observed at the Rundle Station. 1.3 The Municipality should work with the Regions and MECP to request that all "locations of interest" allowable under current zoning by-laws be included in the AQIA and all subsequent studies as appropriate. Regional Municipality of Durham and Municipality of York Response: There are no existing high-rise residential developments within 2.5 km of DYEC. Discrete receptors were located at lands zoned to allow future use, at grade. Without site plans, no information is available on the heights of proposed future uses and/or the location of their future air intakes to accurately represent them in the model in a realistic manner. Additionally, it is understood that future developments located within close proximity to DYEC and any other existing industrial use within the Park proposing sensitive uses would be required to submit an air quality study as part of their site plan application to confirm that they will not impact the ability of existing facilities to operate within the conditions of their air/noise approval. The location of elevated receptors will be reviewed when the ECA amendment application is filed, no changes to the AQIA modelling are required. In addition, the Region of Durham owns two properties zoned for sensitive uses and understand the above noted requirements. The two other properties with zoning permissions for sensitive uses include a brand-new industrial building (East Penn Canada), and the other is under active site plan for a future parking lot to support OPG's new headquarters. Lastly, the Municipality is currently undergoing an update to the Courtice Waterfront and Clarington Energy Park Secondary Plan with a focus on business and energy related uses. As part of the implementation of the new Plan, the future zoning by-law should reflect the current uses in this area and eliminate incompatible uses which do not comply with the existing facilities in the area. 1.4 The Municipality should request that the Regions and MECP review the justification for an increased stack temperatures and request adjustments to the air dispersion modelling accordingly. Regional Municipality of Durham and Municipality of York Response: A copy of the emission calculations is provided in Appendix D of the AQIA. Emission rates were calculated with the aid of in -stack measured emission concentrations from the Fall 2020 source testing data or in -stack emission limits (provided in mg/Rm3). The concentrations were multiplied by the Page 74 Attachment #1 Page 17 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report volumetric flowrate (in Rm3/s) to generate the equivalent mass emission rates for the corresponding Scenario. For the 140,000 tpa Scenario: the volumetric flow rate (at reference conditions) was taken from the 2011 Emission Summary and Dispersion Modelling (ESDM) Report for DYEC (Golder, 2011) and is based on an operating condition of 100% Maximum Continuous Rating (MCR). For the 160, 000 tpa Scenario: the volumetric flow rate (at reference conditions) was taken from the Fall 2018 Source Testing campaign (ORTECH, 2018) and pro -rated by the ratio of the steam production from the boilers operating at 110% MCR (which would be required to process 160,000 tpa), to the steam production rate at the time of the Fall 2018 Source Testing (Equivalent to a factor of 1.13). To operate at a capacity of 160, 000 tpa, DYEC would need to operate at 110% Maximum Continuous Rating (MCR), rather than 100% MCR, which is required for 140,000 tpa capacity. The exhaust temperature of the equipment operating at 110% MCR was provided by Covanta, based on the manufacturers' documentation. This approach was reviewed by the MECP. No adjustments to the air dispersion modelling are required. 1.5 The Municipality should request that the Regions and MECP review the AQIA to confirm that all appropriate reasonably foreseeable future activities have been included. Regional Municipality of Durham and Municipality of York Response: Presented in a Public Meeting on February 3, 2022, it was announced that the ACLF at SMC will not result in a change in the local air quality and emissions from SMC are anticipated to be captured within the background monitoring data. Therefore, no further modelling is required as it has been already as part of historical operations and emissions as it was already an existing facility. 1.6 The Municipality should consider requesting that the Regions and MECP require additional technical studies be completed to verify the conclusion that no increase in odours is expected from the capacity increase at DYEC. Regional Municipality of Durham and Municipality of York Response: In the 2011 ESDM report, worst case odour emissions were assessed during upset conditions when both trains are offline for an extended period and the pit is full of waste. Under this scenario, the fans would still be operating, drawing air through the combustion system and releasing uncombusted odorous air into Page 75 Attachment #1 Page 18 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report the atmosphere. The maximum predicted 10-minute averaged concentration was approximately 12% of the odour guideline at 0.12 OU/m3. No change is proposed to the maximum amount of waste in the pit on a 1-hour basis and no change is proposed to the combustion air fans. As such, no change is proposed to the maximum odour scenario, and it was not considered further in the ESR. This scenario will be re -modelled as part of the ECA Amendment application, as required. 1.7 The Municipality should confirm with the Region that no change in the waste stream composition is expected. Regional Municipality of Durham and Municipality of York Response: At this time, there are no changes to the waste composition anticipated. The future development of the Mixed Waste Pre-sort/Anaerobic Digestion facility will remove organics and non -combustibles from the waste, providing a more stable fuel source, and waste materials/composition incoming from York Region, and Regional Waste Management Facilities will not change. It is important to note that waste composition is generally assumed to change over time; as new packaging materials are being developed, new policies are developed and implemented, and residents' habits change. An example of this is the impact of the COVID-19 pandemic; we did see a change in waste composition as the number of single -use plastics (i.e. gloves and masks), packaging materials (i.e. Amazon boxes and home delivery food kits), and overall volume of waste increase as residents were on lockdown. Due to these factors the DYEC is generally designed and operated to handling changes in material composition. The approximate 30, 000 tonnes removed through the Mixed Waste Pre-sort/Anaerobic Digestion facility may allow the opportunity for the Region to pickup from municipally owned buildings (including recreational centers, schools and municipal office buildings etc.); material picked up from these locations will not go through the Mixed Waste Pre-sort. While removing organics from residential waste will cause the material to have an altered energy content the change is not anticipated to result in changes to facility operations, and the removal of material for disposal provides the Regions with the flexibility to use this additional processing capacity when available. This in turn would reduce the quantity of waste requiring alternate disposal at facilities outside the Regions' borders. Page 76 Attachment #1 Page 19 of 19 Regional Municipalities of Durham and York Response to Municipality of Clarington Comments (March 11, 2022) — Municipality of Clarington Report #PDS-008-22 (February 7, 2022) Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Municipality of Clarington Comments on the Environmental Screening Report 1.8 The Municipality should request that the Regions and MECP require an assessment of all potential operating conditions, including process upset conditions. Regional Municipality of Durham and Municipality of York Response: The proposed increase in tonnage does not impact the start-up, shut down or upset conditions, therefore these scenarios were not considered in the ESR. They will be assessed in the ECA amendment application as required. End Page 77 p 'Subject to Advisory Committee Approval' Agricultural Advisory Committee of Clarington Meeting Thursday, February 10, 2022 Members Present: Eric Bowman Don Rickard Henry Zekveld Brenda Metcalf John Cartwright Jennifer Knox Tom Barrie Jordan McKay Ryan Cullen Councillor Zwart Regrets: Ben Eastman Staff: Amy Burke, Faye Langmaid - Planning & Development Services Guests: Tracey Webster, Planning & Development Services; Brandon Hebor, Boreal Greens Co.; Heide Kraus Observers: Sarah Parish, Planning & Development Services; Carolyn Puterbough, OMAFRA Due to COVID 19 restrictions and to ensure social distancing, participation in the meeting was electronic (using Microsoft Teams) and by conference call. Eric welcomed all to the meeting, with introductions of Committee members. Declarations of Interest None Adoption of Agenda 022-006 Moved by Don Rickard, seconded by Tom Barrie That the Agenda for February 10, 2022 be adopted. Carried Approval of Minutes 022-007 Moved by Henry Zekveld, seconded by Brenda Metcalf That the minutes of the January 13, 2022 meeting be approved. Carried Agricultural Advisory Committee of Claringtor�age 78 February 10, 2022 'Subject to Advisory Committee Approval'r*'r Presentation Vertical Farming: Brandon Hebor, Founder and CEO of Boreal Greens Co., presented an overview of the vertical farming. Brandon explained that vertical farming is the integration and use of multi -layered or `tower' equipment to cultivate plants in high densities using either hydroponic or aquaponic approaches. It can range in scale from tabletop gardens to converted shipping containers to an industrial scale. Highlights of the presentation included: • Brandon's journey into vertical farming and urban agriculture; • Food and agricultural awareness and education opportunities that vertical farming can provide; • Fundamentals of vertical farming operations (infrastructure, environment, equipment); • Common products grown and emerging research and technology to diversify the industry; and • Key considerations (finance, planning, market, design, regulatory). Brandon explained that vertical farming is not unlike greenhouse operations in terms of susceptibility to disease/pest and the importance of disease/pest management. Brandon also advised that this emerging field of agriculture is experiencing uptake in Ontario and nationally. OMAFRA has dedicated efforts to build the industry, supporting education and data aggregation efforts. Funding support for the industry typically stems from agri-innovation, agri-research and development, agri-business opportunities. Zone Clarington Second Draft Zoning By-law: Amy Burke and Tracey Webster, Planning and Development Services, presented an update on the Municipality's comprehensive zoning by-law review project. Staff reviewed current status of the project, including the introduction of a proposed second draft zoning by-law to Council it November 2021, the resulting direction of Council, and initial next steps for public consultation. Staff also provided a focused outline of agricultural and agriculture -related zoning proposed in the second draft zoning by-law: • Terms and definitions; • Minimum Distance Separation; • Agricultural Zone Category permitted uses; and • Updated provisions relating to farm related commercial and industrial establishments, home industries and home businesses, farm worker accommodations, and shipping/cargo containers. Additional agriculture -related considerations identified by the project team were reviewed with the Committee; these related to farm worker accommodations, private airfields, farm product sales and farm related commercial uses. The Committee was invited to provide feedback on the second draft zoning by-law and topics identified for further review. Delegations Heide Kraus regarding On -Farm Diversified Uses: Heide Kraus indicated her concern that the storage of recreational vehicles is being overlooked, in her opinion, Agricultural Advisory Committee of Claringtor�age 79 February 10, 2022 'Subject to Advisory Committee Approval'r*'r during discussions of on -farm diversified uses. Ms. Kraus provided a presentation reviewing Council direction in response to the Recreation Vehicle and Trailer Storage Study (Resolution #PD-207-21) and recommendation 3 from the RV and Trailer Parking and Storage Study Final Report (D.M. Wills, June 2021). Ms. Kraus also reviewed components of the Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas (OMAFRA, 2016) Ms. Kraus expressed the concern that while the Municipality has recognized the broader Provincial definition of OFDU, it has limited OFDUs to those directly related to the farm operation based on the current policy direction of the Durham Region Official Plan. The delegation raised concern about a perceived lack of conformity with Provincial direction, which she hopes the AACC's OFDU Sub -committee will address. Business Arisina from Minutes AACC 2021 Accomplishments Update: AACC Chair, Eric Bowman, presented the 2021 annual update to the Municipality's Planning and Development Committee on January 17, 2022. Eric provided an overview of the Committee's 2021 activities and accomplishments. Committee extended gratitude to the Committee for their time and efforts and invited AACC input on how Council can provide help to ensure the efficient and safe arrival of Temporary Foreign Workers for the upcoming season. The presentation was received with thanks. Correspondence, Council Items and Referrals DAAC 2021 Annual Report and 2022 Work Plan (#2022-P-2): A copy of the Durham Agricultural Advisory Committee's 2021 Annual Report and 2022 Work Plan was circulated to all prior to the meeting. National Farmers Union — Proposed Anaerobic Digestion Facility: A copy of the National Farmers Union — Ontario letter, dated February 7, 2022, was circulated to all prior to the meeting. Liaison Resorts Durham Agriculture Advisory Committee: Planning is underway for the 2022 Annual Farm Tour. This year's event is seeking to return to an in -person format, subject to public health guidelines and restrictions. The next DAAC meeting is scheduled for March 8, 2022. Durham Region Federation of Agriculture: None. DRFA is in the process of determining their new DRFA representative to the AACC. Durham Farm Connections: Barn Quilt Trail project in Durham Region is on -going. To learn more about the project and/or to participate, email info@durhamfarmconnections.ca. Planning is set to begin for the 2022 Celebrate Agriculture Gala. This year's Gala is seeking to return to an in -person format, subject to public health guidelines and restrictions. Agricultural Advisory Committee of Claringtorbage 80 February 10, 2022 'Subject to Advisory Committee Approval' Clarington Board of Trade: Staff shared an update provided by CBOT. The first round of the Shop Where you Live campaign was a great success. CBOT, in partnership with the Durham Boards/Chambers, are looking at ways to continue with this promotion. CBOT's COVID rapid antigen rapid test kit program continues. To date, CBOT has distributed approximately 60,000 tests to over 500 businesses. A recent shipment of 20,000 test kits has been used to fill outstanding orders, while another 20,000 test kits will be on -hand soon. To participate in the program, place orders at www.cbot.ca/rapidscreening. On -Farm Diversified Uses (OFDUs) Sub -Committee: None. The next OFDU Sub - Committee meeting is scheduled for March 3, 2022. New Business Durham Region Agriculture & Rural Economic Development Workshops: Staff shared a list of upcoming agriculture sector webinars and video series provided by Durham Region. Contact Stacey Jibb, Manager — Agriculture and Rural Economic Development, Region of Durham, for more information (Stacey.jibb@durham.ca; 905- 668-7711). Ontario Agricultural Hall of Fame: Eric Bowman shared this week's announcement of the 2022 inductees to the Ontario Agricultural Hall of Fame. The inductees include James Rickard of Clarington. Eric extended congratulations to James, to his brother and AACC member, Don Rickard, and the Rickard family for this outstanding achievement and the significant contributions James has made to agriculture, locally and beyond. John Cartwright moved to adjourn. Next Meeting Thursday, March 10, 2022 @ 7:30 pm (Virtual Meeting) Karen Yellowlees, Durham Region Federation of Agriculture to introduce the Farmer Wellness Program Stacey Jibb and Allison Brown, Region of Durham Agriculture and Rural Economic Development with an update on the Durham Agri -Food Action Plan Agricultural Advisory Committee of Claringtor�age 81 February 10, 2022 Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) Minutes If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date: February 8, 2022 Time: 7:00 p.m. Place: Held Virtually via Microsoft Teams Present: Tom Hossie, Leo Blindenbach, Kate Potter, Patrick Bothwell, Rod McArthur, Leah Bourgeois, Kristin Brent, Ken Mercer ( Staff ), Meg Vanden brink,Carmen Aeillo,Brian Reid Regrets: Corinna Traill 1. Call to Order 2. Additions to the Agenda - Leo requested that we have some discussion re the Butterfly Rangers initiative of the David SuzukiFoundation 3. Adoption of the Agenda - moved by Leo Blindenbach, seconded by Meg Vandenbrink that the agenda, with the above addition, be adopted. Carried. 4. Adoption of Minutes of Previous Meeting(s) Moved by Kate Potter Seconded by Tom Hossie That the minutes of the meeting of January 11, 2022 be approved. Carried 5. Status Reports/Updates 5.1 Winter Trail Maintenance — Ken - ongoing based on weather 5.2 Silt Fencing along Waterfront Trail — Ken 5.3 Mowing of Wildflower Area along Waterfront/Lakeshore Drive — Ken 5.2 and 5.3 cannot be undertaken until the level of snow in the affected areas has gone down considerably Page 82 SWNAMAC Minutes February 8, 2022 5.4 Signage re Bridge Surfaces and Re Cyclists/Hikers Ken reported that the various signs in question have been received and will be installed by staff as soon as possible. 5.5 Trail Markers through old growth forest Additional 4' marker signs have been ordered. Ken will advise Brian when they have been received. He and Carmen have agreed to install them thereafter. 5.6 Treatment Plant Study Brian reported that the submission to the Region had been acknowledged. The regional staff person said that the project team was working on responses to our questions. Further, they are also looking at possible datesfor a virtual meeting with the committee to discuss the project. 5.7 Traffic/Usage Survey Considerable discussion took place on this topic. Kate has been in contact with GRCA who will send information on how it has conducted such surveys in the past. Brian reported that he has reviewed the survey format that was used by SWNA in 2012 . He and Kate will work together to develop an up to date format and bring it back to the whole committee at our March meeting. It was noted that such surveys can be very labour intensive. It was suggested that our manual survey could run parallel to an on-line survey. It was also noted that it would probably be best to conduct the survey in each of the four seasons to establish a broader data base and to identify seasonal patterns. 5.8 Calendar/Chart of Activities Kate presented the chart ( previously sent out to members ) as a guideline for keeping our various activities etc organized... Some changes were made andKate will send out a revised copy to members. It was noted that changes can be made at any time. 5.9 Interpretative Signage/QR Codes Project Tom reviewed the details of this project on behalf of the subcommittee struck at our last meeting ( Brian, Kristin, Tom and Meg ) In simplest terms, QR codes willbe posted at various locations throughout the SWNA allowing persons with smart phones to access information pertaining to various subjects relating to the nature area. Several subjects have been chosen as a starting point for this initiative. Preparation of a narrative relating to each of these will be done by committee members and circulated for comment and review.. Thereafter, Tom will set upthe QR codes for each . Additional subjects may be added going forward. Page 83 SWNAMAC Minutes February 8, 2022 At present, the subjects and committee members assigned to each are as follows: Salmon ecology/life history - Brian The wonderful word of moths - Tom Emerald Ash Borer - Tom Monarch Butterfly/Conservation./ Life History - Meg Native Pollinators - Kristin Living Alongside Wildlife - Kate Cultural Heritage - Kate 6. Items on Hold: 6.1 Storm Drainage Pond 6.2 Butternut Tree Planting 6.3 Scouting Bird House Project 7. Other Business Leo noted that the David Suzuki Foundation has a programme called Butterfly Rangers which aims to engage people in doing much of what we have been doing at SWNA for the past several years in protecting and enhancing monarch habitat, planting native plants etc. Leo has circulated information about the programme on the Port of Newcastle /Friends of Samuel Wilmot Facebook pages. This is seen as an excellent way to complement our own activities. Ken reported that he had ordered this year's monarch tags. Ken reported that the municipality hopes to have a compost giveaway day on May 14th, 202. SWNAMAC Minutes February 8, 2022 8. Round table Leo reported that a coy wolf has been seen on a regular basisin and around the east end of the Port. Brian reported having seen a coyote only a couple blocks from his home in northeast Bowmanville . Tom has noticed a number of social media comments about coyote sighting and was pleasantly surprised that they were not negative. This highlights the need to coexist with wildlife. Meg and Kate continue to walk in the SWNA almost daily. Leah has spent time walking in the nature area since our last meeting. Carmencommented on how much he enjoyed the virtual presentation on owls put onrecently by the Durham Region Field Naturalists. 9. Next Meeting -Tuesday March 8,2022 ( Virtual or in person TBD) 10.Adjournment Moved by Kate Potter Seconded by Patrick Bothwell That themeeting be adjourned. Carried. Page 85 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meetinz — Tuesday, February 8, 2022 Not vet approved by the Board) In Attendance — Dave Bouma - Chair Bryan Wiltshire — Arena Manager Shea -Lea Latchford, Todd Taylor, Jim Vison, Sue White, Councillor Margaret Zwart (cell) Regrets — Councillor Granville Anderson, Shane Armstrong, Gary Oliver Meeting opened at 7:00 p.m. with the Land Acknowledgement 1. Agenda - Motion #22-005 Moved by Todd Taylor, seconded by Jim Vision THAT: The Agenda be accepted as proposed. CARRIED 2. Acceptance of Minutes - Motion #22-006 Moved by Sue White, seconded by Todd Taylor THAT: The minutes of January 11, 2022, be approved with the revision of the Risk Management Report. CARRIED Manager's Report — Safety: Staff are up to date on the vaccine passport requirements to enter the facility. Risk Management: An inspection will be performed in the coming week. Rentals/ Revenue: All user groups have booked ice until the end of March, and many are looking to extending their contracts into April to make up for the lost ice time in January due to the shutdown. The outstanding issues with Futuresign are still unresolved, however, payment has been received from Tim Hortons. Repairs/Maintenance: All the paint touch ups have been completed as well as a deep clean of the arena. A new door for the dressing hallway has been installed by Rivett. A leak in the compressor room roof was found and will be repaired by the Municipality. The Manager (Bryan) will follow up with the Municipality to see if the roof should have the shingles replaced rather than patched. Staff: The staff have been recalled and have been instructed on the QR Code verification. Inspections/Municipal Operations: No inspection due to the lockdown. Other: Facebook and the website have been updated. Beacon Heights have expressed an interest in advertising in the Arena. Bryan will follow up with pricing. '� 2. Financial Report - Motion # 22-007 Todd Taylor presented the budget for 2022. Moved by Dave Bouma seconded by Sue White THAT: The budget be accepted as presented. CARRIED 3. Risk Management —The minutes from January 11, 2022, were revised to reflect the Board's concerns related to the Staff Report CDS-002-22 submitted by George Acorn that recommends a budget of $3,684,000 be allocated to correct deficiencies identified in the I.B. Storey assessment of the arena. A walk through will be scheduled within the next week. 4. New Business - Covid Update — A device will be purchased to scan the QR Code as one enters the arena. Council Meeting Update — Councillor Zwart advised the report will be presented at the budget meeting this week. Olympia — Deferred until the floor is replaced. 5. Round Table — A round table discussion followed. 6. Discussion — A `In Camera" discussion was held to develop a Covid-19 Vaccination Policy for the arena. 7. Adjournment - The meeting was adjourned by the Chair at 8:35 p.m. Next Board Meeting — Tuesday, March 8, 2022 Page 87 Clarington Accessibility Advisory Committee Minutes for the meeting of February 2, 2022 6:30 p.m. Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Present: Shea -Lea Latchford, Chair Sylvia Jaspers-Fayer, Vice -Chair Tim Van Leeuwen Pinder DaSilva Sarah Taylor Deb Kalogris Marina Ross Councillor Janice Jones Also Present: Erica Mittag, Community Development Coordinator — Diversity and Inclusion Jeannette Whynot, Accessibility Coordinator Regrets: Sarah McConaghy Catherine McConaghy 1. Call to order The meeting was called to order at 6:30 p.m. 2. Declaration of Interest None 3. Review of Previous Meeting Minutes Moved by Deb Kalogris; seconded by Sarah Taylor That the minutes of the meeting of January 12, 2022 be approved. Carried Clarington Accessibility Advisory Committee Meeting Minutes — February 2, 2022 4. Guest Speaker: Erica Mittag, Community Development Coordinator — Diversity and Inclusion Re: Creation of Municipal Civic Awards Erica presented information about the Municipality's intention to create a Civic Awards Program. Over the years, the Municipality has received numerous requests over the years to recognize people in community doing great work and having a positive impact on the community. Currently there are recognition programs in place, but nothing as formal as a Civic Awards Program. As staff are developing a framework for the program, it became clear that the AAC needed to be consulted. Currently the Committee nominates a business/person/organization for the Durham Accessibility Award and then holds a separate event to recognize everyone who was nominated but did not win. With the creation of the Civic Awards Program there is an opportunity to include "Accessibility" as a category, which would overlap with the current Accessibility Award and nominations being recognized. A brief discussion of potential options going forward were discussed. Staff suggested that knowing the Committee is supportive of including Accessibility as an award category in the Civic Awards Program is a great first step. From here, staff will come back to the Committee with additional recommendations for their consideration and approval. Moved by Pinder DaSilva, Seconded by Sarah Taylor, That the Accessibility Advisory Committee supports the establishment of the Civic Awards Program and the inclusion of an Accessibility Award as part of that program. Carried 5. Business Arising from Previous Meeting Minutes 5.1 2021 Annual Status Update Moved by Deb Kalogris, seconded by Sarah Taylor That the Accessibility Advisory Committee accept the 2021 Annual Status Update Carried 5.2 National AccessAbility Week 2022: Brainstorming Committee is encouraged to continue brainstorming ideas and determining what they would like to help organize. Page 2 of 5 Clarington Accessibility Advisory Committee Meeting Minutes — February 2, 2022 To interview with the newspaper, a staff member will need to be part of the interview. The Client Services Manager is aware and will help ensure a staff member is able to support this initiative while Jeannette is on parental leave. With it being budget approval season, Jeannette advised that this can be done in the early spring. Staff are supportive of the contest ideas. Sarah Taylor volunteered to help develop the contests, both the art and scavenger hunt. 6. New Business 6.1 Inclusive Community Grant Once again the Inclusive Community Grant is open for applications. Last time we applied we received just under $60,000 to install the mobility device charging stations. Jeannette requested the Committee share ideas for projects we could apply for. Ideally, projects would benefit both seniors and people with disabilities. The Committee came up with the following suggestions: • Installation of automatic sliding doors • Tactile plates at road crossings • Installation of more accessible swings in parks • Installation of picture communication signage in parks • Creation of a sensory garden o Sensory gardens have features that touch on all five senses through a variety of mediums. • Raised community garden beds • Sensory additions to our pools Given the short window for applications, Jeannette advised that she would take these ideas back to staff and determine the best one to move forward with. Once an idea was secured, Jeannette advised she would work with the Committee Chair to create a letter of support from the Committee. Additionally, she would work with Councillor Jones to gain Council's support for the project and application. The Committee mutually agreed this was an appropriate course of action given the short timelines. 6.2 Re -applying for the Accessibility Advisory Committee post -election. Reminder it's an election year. After the October election there may not be any meetings from Oct -Dec. Towards the end of the year there will be calls committee members. Per the Terms of Reference, Committee members can only serve 2 terms in a row; can still apply but Council would have to give approval for additional terms. Page 3 of 5 Page 90 Clarington Accessibility Advisory Committee Meeting Minutes — February 2, 2022 6.3 Mobility charging stations moving forward To date, there are 6 installed in parks and public spaces. The Municipality intended to install a solar powered option in a more remote area that does not have electricity available, however this has proven to be a large challenge. The technology to support the batter size we need does not exist. Therefore, we are shifting our approach and will re -allocate the money to add 6-8 more hard -wired stations at indoor and outdoor locations. Staff have identified the following locations: • Rickard Arena • Allan Strike Centre • Orono Library (currently not accessible but a major accessibility upgrade is scheduled for later this year) • Newcastle Area • Bowmanville Mall • Newcastle Community Hall • Memorial Park (if appropriate infrastructure is available, staff to double check) • Clarington Fields Sylvia Jaspers-Fayer requested that the site plan sub committee include requesting charging stations in their site plan comments. Additionally, the Committee asked why locations in North Bowmanville weren't on this list right now. Staff explained that charging stations can be incorporated into park development, but right now there's not enough infrastructure to support them. Moved by Sylvia Jaspers-Fayer, Seconded by Deb Kalogris Whereas mobility device charging stations have proven to be a successful addition to the Clarington community and local neighborhoods ; And whereas accessibility considerations should be brought forward as early in the planning stages as possible and; And whereas Clarington has the opportunity to be a leader in offering mobility device charging stations throughout its community; Now therefore be is resolved that the Accessibility Advisory Committee shall recommend the inclusion of mobility device charging stations in new commercial builds, where appropriate and that the Municipality of Clarington includes mobility device charging stations in new municipal facilities and outdoor spaces, where appropriate. Carried Page 4 of 5 Page 91 Clarington Accessibility Advisory Committee Meeting Minutes — February 2, 2022 7. New Business Sylvia Jaspers-Fayer spoke about the new electronic price tags on shelves at Metro — signs appear to be different sizes & not very accessible. Other Committee members agreed to check out the signs and also provide feedback at the next meeting. Sarah Taylor will be meeting with Jennifer from the newspaper tomorrow morning to talk about accessibility Pinder DaSilva invited everyone to the Abilities Centre lunch and learn on February 22. Information on the latest information from the National Disability Survey will be presented. Jeannette advised she would send everyone information about it through email. 8. Adjournment Moved by Sarah Taylor, Seconded by Deb Kalogris That the meeting be adjourned Carried Meeting adjourned at 7:53 pm Next meeting: Wednesday March 2, 2022 at 6:30 p.m. via Microsoft Teams Page 5 of 5 Page 92 Clarington Heritage Committee Minutes arbgtoa February 15, 2022 ** Subject to Advisory Committee Approval** If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of the Clarington Heritage Committee held via Microsoft Teams on February 15, 2022, at 7:00 PM. Members Present: Peter Vogel, Victor Suppan, David Reesor, Councillor Ron Hooper, Myno Van Dyke (NVDHS alternate), Ron Sproule, Katharine Warren (Museum), Bob Malone (NVDHS), Steve Conway, Heather Graham Regrets: Jason Moore (ACO), Noel Gamble Staff Present: Faye Langmaid, Sarah Allin, Andrew Payne Planning and Development Services Guests: None 1 Declaration of Interest There were no disclosures of interest stated at this meeting. 2 Land Acknowledgement Statement P. Vogel read aloud Clarington's Land Acknowledgement Statement. 3 Adoption of Agenda 22.04 By Consensus That the Agenda be adopted. "Carried" 4 Adoption of Minutes of Previous Meeting 22.05 By Consensus That the minutes of the January 18, 2022 Clarington Heritage Committee meeting be adopted. "Carried" 5 Delegations/Presentations: None 6 Business Arising 6.1 Red Oak Tree at 21 Beech Avenue Page 9� - Clarington Heritage Committee Minutes Clar;wgtoa February 15, 2022 ** Subject to Advisory Committee Approval" Staff provided an update that approved works to preserve the Red Oak tree will begin this week. The arborist's team will be on site to do the required pruning the week of February 15t". The cabling and support system will be installed the following week. Committee members discussed the direction from Council to reconsider the designation of the Red Oak tree under Part IV of the Ontario Heritage Act, following a recent delegation by R. McEachern and receipt of an online petition signed by approximately 5000 persons requesting the protection of the red oak tree. Committee members discussed the request for reconsideration. The Committee's recent evaluation of the cultural heritage value and interest of the tree in accordance with criteria for designation under Regulation 9/06 found there was insufficient cultural heritage value or interest to warrant individual designation. The Red Oak tree has current status as a significant landscape feature within the Beech Avenue Heritage Conservation District. The Committee also considered the ongoing Municipal efforts and funding to protect and preserve the tree. 22.06 Moved by D. Reesor, seconded by V. Suppan That the Committee has undertaken an evaluation of the Red Oak tree at 21 Beech Avenue and did not find the tree to have individual cultural heritage value or interest above and beyond what is currently recognized in the Beech Avenue Heritage Conservation District, within which it is already protected. "Carried" 6.2 B/A Gas Station, Newtonville Members of the Committee discussed reaching out to the property owners again once the pandemic situation improves, as they had previously indicated they were open to learning more about the federal designation process. To apply for federal designation agreement of the owner must be part of the submission. Councillor Hooper, V. Suppan, and S. Conway expressed interest in being involved in a meeting with the property owners at an appropriate time. 6.3 2656 Concession Road 4, Darlington The Municipality acquired the property earlier this year. The house on the property is designated. Committee members visited the property in December 2021 to undertake an evaluation. Council recently agreed to allow the house to be moved from the property in response to a resident's request, provided the CHC also supports the relocation. The sub -committee summarized its evaluation looking at the contextual heritage value of the property and the potential impact of relocating the dwelling, including Clarington Heritage Committee Minutes Clar;wgtoa February 15, 2022 ** Subject to Advisory Committee Approval" the loss of the barns and the uniquely constructed stone foundation. It was noted moving the dwelling outside of the historic hamlet of Salem would be particularly detrimental to the cultural heritage value and interest of the property. Overall, the sub -committed indicated the preference would be that the dwelling be retained in situ. If retaining the dwelling in situ is not possible, the recommendation from the sub -committee is (i) that the dwelling be relocated within the historical hamlet of Salem, and (ii) the designated by-law be updated to include additional heritage features identified through the sub -committee's recent evaluation of the property. Committee members discussed the sub -committee's report, inquired about potential alternatives to moving the dwelling that may better conserve its heritage value. This item is further addressed under Item 9.1 of the agenda. A proposal to move the dwelling would be subject the applicable approvals process under the Ontario Heritage Act. No application has been filed at this time. 6.4 4511 Courtice Road Although the demolition permit has been issued, the dwelling has not yet been taken down. J. Moore reached out to contacts at ACO and is awaiting a response relating to any potential leads on alternatives that might conserve the stone structure in some manner. Committee members efforts towards a conservation solution are appreciated. 6.5 Harvey Jackson Memorial Park The Committee received a request from residents of Kendal to designate the Park. The Municipal Inventory/Register sub -committee evaluated the property and summarize its findings and recommendation to designate Harvey Jackson Memorial Park and its entrance gates to recognize the lovely tribute to First World War Veteran Harvey Jackson from the small village of Kendal. The sub -committee identified Robert Patton as another World War One Veteran from Kendal. Committee members discussed how Robert Patton's contributions might also be recognized. Committee members will seek to gather information in this regard and bring the matter back to the Committee at a subsequent meeting. This item is further addressed under Item 9.1 of the agenda. 6.6 Camp 30 Update F. Langmaid advised the cafeteria building has now been turned over to the Municipality. The Jury Lands Foundation is working to secure charitable status to begin to raise funds to begin to stabilize the building, which has suffered vandalism, and begin planning for its adaptive reuse. 6.7 Fletcher Tree (Standing Item): No update 7 Correspondence and Council Referrals: None Paces 95 Clarftwn 8 Reports from other Committees: Clarington Heritage Committee Minutes February 15, 2022 ** Subject to Advisory Committee Approval'* 8.1 Bowmanville, Newcastle, and Orono CIPs — The 2022 winter meetings will take place in February. An update will be reported at the March Committee meeting. 8.2 Architectural Conservancy of Ontario (ACO), Clarington Branch — The next meeting is scheduled for February 22na 8.3 Newcastle Village District Historical Society (NVDHS) — The Annual General Meeting will take place on February 17t". There are Director openings for those looking for volunteer opportunities. The Digitization Project is continuing; the hope is that it can be completed this year, after which the information can be made available. The Society is looking to reschedule a Municipally funded heritage tea party event that had been cancelled in 2020 due to the pandemic. Planning is underway for celebrations for the 100t" year anniversary of Newcastle Community Hall in 2023. 8.4 Museum — Meetings take place quarterly; a meeting is coming up next week. The Museum continues to operate at low capacity; by appointment only. 8.5 Heritage Conservation District — No report. Committee members confirmed the dates of the 21 Beech Avenue Oak Tree preservation works. 8.6 Wilmot Creek Heritage Park — Members of the Committee met with Clarington's Landscape Architect (A. Johnson) in December to go over the developer's proposed design and provide the Committee's input on the cultural heritage components. V. Suppan reached out to Chief Mowat after the meeting to invite additional input on the design and is awaiting reply. B. Malone will also reach out. Staff will continue to work with Committee members as the park design evolves. S. Conway brought forward an example of a plaque that could be considered to display indigenous heritage information within the park. 9 Project Reports 9.1 Municipal Inventory/Register: 2101 Townline Road — The dwelling at this property was recently demolished. The property was originally the Thompson farm. The dwelling was a 1 '/2 storey Ontario farmhouse that had been heavily altered. Staff confirmed the property was not identified on the Cultural Heritage Resources List. 48 [44] King Avenue East — This the former dwelling of Joseph Atkinson, the founder of the Toronto Star. The dwelling has been modified, however could warrant some research given its historical associations. 22.07 Moved by M. Van Dyke, seconded by R. Sproule • Clarington Heritage Committee Minutes �� � February 15, 2022 ** Subject to Advisory Committee Approval** That the sub -committee evaluate cultural heritage value or interest of the property at 48 [44] King Avenue East, Newcastle. "Carried" 2656 Concession Road 4, Darlington: The sub -committee evaluated the designated property in consideration of a possible future proposal to relocate the dwelling. 22.08 Moved by V. Suppan, seconded by D. Reesor That the Clarington Heritage Committee does not oppose the relocation of the designated dwelling located at 2656 Concession Road 4, in principle, however recommends for Council's consideration that if the dwelling must be moved (i) consideration be given to the loss of the unique stone foundation (ii) that the dwelling should be relocated within the boundaries of the historic hamlet of Salem, and (iii) the designated by-law be updated to include additional heritage features identified through the sub -committee's recent evaluation of the property.. R. Hooper abstained from voting on Motion 22.08. "Carried" • Harvey Jackson Memorial Park: See Item 6.5, above. 22.09 Moved by V. Suppan, seconded by S. Conway That the Clarington Heritage Committee recommends to Council that the Harvey Jackson Memorial Park, located at 6690 Regional Road 18, Kendal, be considered for designation under Part IV of the Ontario Heritage Act to recognize the tribute to a World War One veteran from the small community of Kendal, and that the entrance gates be specifically identified as part of the list of attributes having cultural heritage value or interest. "Carried" 22.10 Moved by V. Suppan, seconded by R. Sproule That consideration be given to also recognizing a veteran named R. Patton, who was also from Kendal. "Tabled" Motion tabled to undertake additional research on this matter. 9.2 Outreach/Education Sub -committee: Pa9S 97 Clarington Heritage Committee Minutes Clar;wgtoa February 15, 2022 ** Subject to Advisory Committee Approval" Heritage Information Station Project: Discussions about plaque design continue. Information is being generated to populate the webpage for each property that will link to the QR code on the plaque. Committee Members discussed including Harvey Jackson Memorial Park to the list of sites. Heritage Barn Project: Draft content for a letter, webpage, and social media was circulated to the project team. This initiative will be the focus of Heritage Week Feb. 21-25t"; social media posts will be released throughout the week to promote the project. 10 New Business: 10.1 Heritage Week: Runs Feb. 21-25t". Heritage Barn Project will be promoted. 10.2 National Trust Heritage Property Owner Survey: V. Suppan noted the survey intended to gather information about insurance for heritage homes. Encourage anyone who owns a heritage home to complete the survey, which closes February 17t". S. Conway summarized correspondence to date with Minister's office regarding organizing a meeting with a group of Clarington residents to discuss the challenges of insuring a heritage home. This matter will be added to the agenda for the next meeting for further discussion. 10.3 Affordable Housing Task Force Report: The Province's Affordable Housing Task Force released its Recommendation Report earlier in February. The Report makes recommendations relating to cultural heritage. Staff will send links to the Report. 10.4 Budget: Council approved increased funding for the Heritage Incentive Grant program as part of the 2022 Budget. V. Suppan appeared as a delegation before Council in support. Committee members thanked V. Suppan, and Councillor Hooper for bringing the matter forward during budget deliberations. 10.5 Trinity Church: Committee members inquired as to whether the property is designated under the Ontario Heritage Act. Staff confirmed the property is identified on Clarington's Cultural Heritage Resources List but is not currently designated. 10.6 81 Scugog: Committee members asked for an update on the property standards matter. Staff will request an update from Municipal Law Enforcement staff. Adjournment: 9:35 p.m. Next Meeting: March 15, 2022, 7:00 p.m. Clarington Meeting: Active Transportation and Safe Roads Advisory Committee Date: February 3, 2022 Time: 7:00 pm Location: Microsoft Teams Meeting Minutes Draft minutes not yet approved by Committee Present: Rick Stockman, Jim Boate, Bart Hawkins Kreps, Phil Haylock, Connor Houston, Bruce MacDonald (guest presenter), Arnold Mostert, Richard Oldfield, Jeanne Winters, Councillor Janice Jones, Councillor Joe Neal Regrets: Connie Kobelka Staff Present: Rob Brezina, Andrew Johnson, Catherine Verhoog 1. Agenda Moved to approve by Bart, seconded by Jeanne Carried 2. Minutes of October 21, 2021 Moved to approve by Arnold, seconded by Jim Carried 3. Presentations 3.1. Bruce MacDonald — Bike Friendly Application Bruce is a member of the Durham Region Cycling Commission and Whitby Active Transportation Safe Roads Committee. In 2016 he was involved with an application by Whitby to the Share the Road Cycling Coalition for bike friendly status and they were successful in achieving a bronze designation. Bruce reviewed the twelve -page application submitted by Whitby with the committee and explained the significant parts to pay attention to. Approximately 95% of the form is completed by municipal staff, and the committee would review the application, and other cyclists would be able to sign up as reviewers as well. Page 99 Bruce introduced the Strava Global Heatmap which is a worldwide interactive map used by Share the Road to evaluate applications. The map shows routes that cyclists and others have reported as using and tracks them. He believes that Clarington is close to bronze, but at the very least a solid honourable mention. Speak to experienced cyclists and ask for their opinions. All networks and support systems are included in the assessment including trails, on -road, commuter routes, transit systems that allow bikes on them, bicycle storage locations etc. 4. Discussion Items 4.1. Bike Friendly Community Application Update — Jim/Connor Connor explained that it is a collaborative application between the committee and Clarington, and Region of Durham amenities such as the DRT being bicycle friendly can be included. The application deadline is the Fall of 2022. Jim expressed the need for buy -in from municipal staff, and the need to work with one member of staff to help identify things like signs and education that need to be spruced up. Andrew will speak to senior management to confirm who will be the committee's staff liaison for this project. Need staff liaison to assist. Andrew to confirm who. Janice — collaboration with tourism/corporate communications/Planning. Motion required from the committee to Council to get the Municipality on board? Andrew would run the request past senior management to see how they would like to proceed. Rick — email to Andrew summarizing what committee has discussed and where they would like to go with it, or a whereas motion — Rick to send email to Andrew. Connor and Jim to draft email. Members in favour of continuing with initiative and continuing with email. Janice — timeline for moving forward, when is deadline for application — Connor - fall of 2022, twice a year application. Whereas the Municipality of Clarington created the Active Transportation and Safe Roads Advisory Committee in 2018; and Whereas a key mandate of the committee is to prompt active transportation including cycling; and Whereas the committee are investigating the feasibility of applying for a Bike Friendly Community designation for the Municipality of Clarington; and Whereas the Bike Friendly Community application process involves an audit of municipal infrastructure supporting cycling; E Page100 The committee recommends to Council their endorsement to proceed with the application for Bike Friendly Community status with the help of municipal staff, and that any costs associated with the application be borne by the Municipality. Moved by Jim, seconded by Jeanne. Motion carried. 4.2. Trail Signage Update & Budget — Jim/Bart Jim to follow up with Slav in Operations regarding the report that the committee submitted last year about requested safety, etiquette and wayfinding signs for the trails and if there is a budget for those to be completed. Rob suggested that committee members travel all of the major trails and make a map of what signs they would like where to help assist Operations. Signs would include those imposing speed limits at the busier sections of the trail, directional signage as to where paths lead, walk on the right and pass on the left, blind corner etc. 4.3. Document Sharing and Collaboration in MS Teams Follow Up — Andrew Andrew to circulate an offline response to committee members. 4.4. 2022 Cycling Month Events Subcommittee Update — Connor Subcommittee has met twice since the last meeting. The Region of Durham has offered to provide coordination and support to the municipalities for Bike Month. There is a brainstorming session being held next week where more information will be provided on what will be offered and how the municipalities can collaborate and partner together. Bart has updated the handout already and has reached out to Tourism for their assistance. Other members are approaching groups in the area to gauge their interest in participating, but firm plans cannot be made at this time due to the unknown of what Covid restrictions will be in place in June. 4.5. Bike Racks — Connor Additional bike racks have been located throughout the municipality that the committee was unaware of, and the Clarington Board of Trade has expressed their support in helping promote bike racks with the downtown businesses. Rob provided an update on the Great Lake to Greenbelt Bike Rack Installation project initiative. They are currently looking for recommendations for a couple of locations where bike racks could be installed. The group will fund the racks and they are asking the municipality to fund the installation component and for downtown businesses to assist with possibly having the Page 101 racks located on their property due to property constraints in the downtown cores. Committee members are to email Rob with any location suggestions as soon as possible, especially ones with pavers that could make the install easier. 4.6. West Beach Road Safety Concerns — Jim Rob to follow up with Slav on whether or not the white lines delineating the bike friendly section on West Beach Road have been installed, as well as signs indicating the bike crossing. 4.7. Durham Region Active Transportation Update — Connie Postponed to next meeting due to Connie's absence. 4.8. Winter Maintenance Bowmanville Trail Extension Motion Update — Staff The stretch from Cobbledick Road over to Toronto Street has been cleared, but the Bowmanville trail extension from Baseline Road to the parking lot is to be costed for the next winter season. 4.9. Multi -Use Path Hwy 2 — Maple Grove to Roenigk — Richard A good east -west connection through Bowmanville between Bowmanville Avenue and Maple Grove Road along Highway 2 is needed. There are issues with spatial constraints due to property ownership and the area needed for sidewalks, illumination, fire hydrants, utility locations etc. Development of the corridor is still ongoing, and improvements can be made within the undeveloped sections, but utility relocation and commercial property acquisition within the built -out area is extremely expensive. The urban boundary terminates at Boswell Drive and allocation of tax levy funds as well as justification to implement multi -use paths west of Boswell Drive would be needed. 5. Other Business 5.1. 2022 Construction Forecast Update — Rob B All projects are pending budget approval in order to proceed. The first project is the Toyota Trail extension from Haines Street to Soper Creek Trail. The contractor started construction in December with completion hopefully at the end of the summer. The design is being finalized and they are getting ready to go to tender for enhancements to the Lions Trail from King Avenue (Highway 2) to the existing fully paved pedestrian trail. Construction is scheduled to start in the Spring and conclude by September and will include a paved asphalt trail, M Page102 erosion remediation, relocation of the trail farther from the creek, and a pedestrian crossover at Edward Street. Jim asked Rob to follow up with the Region on the possibility of a pedestrian crossing at King Avenue (Highway 2) to provide access to the newly installed path on the north side. Phase 3 of the Soper Creek Trail is currently under budget consideration for 2022. If approved, the design and public information process would proceed towards the end of the summer A road diet is proposed on King Street East from Liberty Street to just west of Haines Street to accommodate cycling facilities. It will be a shared facility from Liberty Street to Frank Street, and then open up to a continuous two- lane section with a dedicated cycling lane from Frank Street until just west of Haines where the current four lane roadway ends. In 2024 the Region is considering construction of an improvement project on Liberty Street from Highway 2 to Baseline Road for a dedicated left-hand turn lane. The Municipality is requesting that an Multi -Use Path (MUP) be implemented at the same time wherever spatially feasible. West of Liberty will be looked at for an MUP when future pavement improvement is scheduled. Several members expressed concern with the safety of cyclists at the intersection of Highway 2 and Mearns Avenue, and a crossing on the east side of the intersection was suggested. Rob will bring their comments to the attention of the Region's designer for the intersection. He also indicated that a permanent solution will be looked at when the old Bowmanville Zoo lands are developed. Connor mentioned that there was a notice that a new secondary plan is being created in the area of Concession Road 3 and Mearns Avenue and asked if there was any further information on the incorporation of active transportation in the plan. Rob stated that all secondary plans are to include active transportation considerations, but he will reach out to Planning for the members to see if there is any information that he can relay to the Committee by email. Rick asked Rob to provide an update on the acquisition of lands at the old training school, and what active transportation plans are proposed, at the next meeting. Darlington Boulevard in Courtice is currently going through the design process for road rehabilitation which will target building an MUP type facility or dedicated cycling lanes. The public information centre should be held this spring and it will provide more detail. The Farewell Creek Trail is still currently under construction as it was delayed due to contractor having difficulties with ril Page103 getting an approved bridge design. They are hoping to resume in the spring with completion hopefully in July after paving. The Region is looking at reconstructing Liberty Street from Longworth Avenue onwards to Concession Road 3 and including an MUP facility on the west boulevard. This would allow the continuation of existing facilities on Longworth and Concession Road 3. This work will probably go to tender later in the year. In 2022 the Region is constructing a trunk sanitary sewer extension from Basel ine/Courtice Road east to Trulls and north on Trulls to Bloor. The Municipality is taking the opportunity to do an urbanization of Baseline Road in the industrial area in conjunction with the Region's project because of the GO Station planned in the area. This will include dedicated cycling facilities. The Region is completing a major reconstruction of the intersection of Bowmanville Avenue and Highway 2 from Stevens Road to the CPR bridge, and the east and west legs of Highway 2. The Municipality is taking this opportunity to construct an MUP facility from Bowmanville Avenue to Roenigk Drive to connect to the Bowmanville Valley Trail. The Region will also be construction an MUP from Highway 2 to Stevens Road in the west boulevard. This is the first part of the three phase project which will see the widening of Bowmanville Avenue to four lanes down to Baseline Road and an MUP extension will be built down to Baseline Road which will provide connectivity to the Bowmanville Creek Trail and Waterfront Trail. Phase three, in 2027 or 2028, will see a continuation of the same four lane section with an MUP from Stevens all the way up to Longworth Avenue. 6. Next Meeting 6.1. The next regular meeting is to be determined. 7. Adjournment 7.1. Moved by Jim Boate seconded by Arnold Mostert. That the meeting adjourned at 9:05 PM Carried I: Page104 Cbrington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: February 28, 2022 Time: 9:30 a.m. Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS Teams) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: M. Dempster, J. Gallagher, L. Patenaude, G. Acorn, S. Brake, R. Maciver, T. Pinn, M. Perini Other Staff Present: C. Hodgson, B. Radomski, L. Reck 1. Call to Order Mayor Foster called the meeting to order at 9:30 a.m. 2. Land Acknowledgement Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Announcements Members of Committee announced upcoming community events and matters of community interest. Suspend the Rules Resolution # GG-100-22 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to add the following items to the Agenda: • New Business Item regarding Trudeau Drive Walkway (Councillor Traill) • Delegation of Nik Papanikolas, Regarding New Business - Trudeau Drive Walkway 1 Page105 General Government Committee Minutes February 28, 2022 • Delegation of Dave Zakos, Regarding New Business - Trudeau Drive Walkway Yes (6): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (1): Mayor Foster Carried on a recorded vote (6 to 1) 5. Presentations/Delegations 5.1 Delegation by Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, Regarding Black History Month Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, were present regarding Black History Month. They played a video introducing members in the Durham Black Network. Committee had a moment of silence for 52 seconds, to honour the passing of Sparky Terry Johnson, a Member of the Carion Fenn Foundation. Genelle provided the background, mission, and vision of the Durham Black Network. Carion displayed a video of the Black Lives Matter rally in the Town of Ajax and explained the personal experience of systemic anti -black racism. Genelle outlined the Foundation's programs and stated that The Carion Fenn Foundation is a recipient of the Supporting Black Canadian Community Initiative Grant, which will strengthen their organization so that the Durham Black Network can run various programs. Carion explained their Equity and Equality challenge and stated that a t-shirt can be purchased through their website. Genelle noted a quote from Barack Obama and stated that they are working at implementing a meaningful change for the community. Carion explained that the Durham Black Network is comprised of 70% black community members and 30% non -black community members. Carion requested that Council support initiatives and programs that encourage equity and equality in the community and workplace. Carion and Genelle answered questions from Members of Committee. Resolution # GG-101-22 Moved by Councillor Hooper Seconded by Councillor Zwart That the Delegation of Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, Regarding Black History Month, be received with thanks. Carried 2 Page106 General Government Committee Minutes February 28, 2022 5.2 Delegation by Wendy Bracken, Regarding Item 6.1, New Business - Bottom Ash Wendy Bracken was present regarding the New Business Item - Bottom Ash. Wendy Bracken requested that Committee support Councillor Zwart's motion and add the words "and/or plastics and/or other waste materials in Clarington" at the end of the last sentence. Wendy explained that the pilot project using incineration and/or plastics in road construction is obscene and noted that the incinerator industry has two major problems which are incineration emissions and incinerator ash. W. Bracken expressed concerns regarding Federal Gas Tax and public funds, and bottom ash having highly toxic residues and outlined concerns contained in Linda Gasser's correspondence. Wendy stated other countries are going away from using ash due to the environmental impacts and answered questions from Members of Committee. Alter the Agenda Resolution # GG-102-22 Moved by Councillor Zwart Seconded by Councillor Hooper That the Agenda be altered to consider Item 6.1, New Business - Bottom Ash, at this time. Carried 6. Reports/Correspondence Related to Presentations/Delegations 6.1 New Business - Bottom Ash (Councillor Zwart) Resolution # GG-103-22 Moved by Councillor Zwart Seconded by Councillor Hooper Whereas the Region of Durham proposes to run a pilot project using Durham York Energy Centre waste in Phase 2 of the reconstruction of Regional Road 18 (Newtonville Road); And whereas this is not a proven technology; And whereas the Municipality of Clarington wishes to protect the health of the environment and our residents; And whereas the Municipality of Clarington is fast becoming a "dumping ground" for the Region of Durham's waste; 3 Page107 General Government Committee Minutes February 28, 2022 Now therefore be it resolved that the Municipal of Clarington is vehemently opposed to the Region of Durham's proposal to run a pilot project using incinerator ash and/or plastics and/or other waste materials anywhere in Clarington. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) 5. Presentations/Delegations 5.3 Delegation by Len Healey, Clarington Slo-Pitch, Regarding Report CSD- 004-22 Outdoor Permit Rates and Fees 2022 Len Healey, Clarington Slo-Pitch, was present regarding Report CSD-004-22 Outdoor Permit Rates and Fees 2022. Len explained that the organization agrees with the recommendations contained in the Report. 5.4 Delegation by Nik Papanikolas, Regarding New Business - Trudeau Walkway Nik Papanikolas was present regarding New Business - Trudeau Walkway. Nik expressed concerns regarding large groups of students, smoking, and harassment and stated the situation has been getting worse. Nik Papanikolas noted that the matter was brought forward years ago and requested that Committee support Councillor Traill's motion to close the walkway. Nik answered questions from Members of Committee. Recess Resolution # GG-104-22 Moved by Councillor Traill Seconded by Councillor Hooper That the Committee recess for 5 minutes. Carried The meeting reconvened at 10.43 a.m. with Mayor Foster in the Chair. 5.5 Delegation by Dave Zakos, Regarding New Business - Trudeau Walkway Dave Zakos was present regarding New Business - Trudeau Walkway. Dave agreed with the concerns raised by Nik Papinokolas. Dave Zakos stated that numerous residents are walking in the area and the students will not move, forcing the residents to walk on the road. Dave expressed concerns regarding traffic and harassment from students and answered questions from Members of Committee. 4 Page108 General Government Committee Minutes February 28, 2022 Alter the Agenda Resolution # GG-105-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Agenda be altered to consider Item 8.1.6, New Business - Trudeau Drive Walkway, at this time. Carried 8. Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works 8.1.6 New Business - Trudeau Drive Walkway (Councillor Traill) Resolution # GG-106-22 Moved by Councillor Traill Seconded by Councillor Anderson Whereas residents in the vicinity of the Trudeau Drive walkway have been subjected to vandalism, graffiti, crime, smoking and swearing; as a result of teenagers gathering on the street at the beginning of the school day, the end of the school day and during the school day; And whereas residents on Trudeau Drive may experience slower emergency response times from ambulance and fire due to personal vehicles of parents dropping off children causing congestion in the street before and after school; And whereas Council has been attempting to fix this issue for approximately ten years, including holding several meetings with two principals of Bowmanville High School, holding a public meeting with Staff and residents and the School Board at Bowmanville High School, canvassing the neighbourhood in December 2012 and a Council resolution to install No Stopping signs and Miovision cameras in an effort to address the ongoing issues without closing the walkway; and And whereas the problems not only persist but have gotten worse in recent years, resulting in at least one resident moving away from the neighbourhood and another resident being too afraid to speak up for fear of retaliation by students with student massing continuing in the walkway and adjoining street at all hours of the day and night; And whereas young children who currently use the walkway to access the Duke of Cambridge can access the elementary school via Liberty Street which is a minor detour, and will have a safer walk to school with less exposure to cigarette smoke and bullying by teenagers in the walkway; 5 Page109 General Government Committee Minutes February 28, 2022 Now therefore be it resolved: That Staff, Durham Region Police Service, and any interested members of Council, meet with Scott Johnson, Bowmanville High School principal, and members of the Kawartha Pine Ridge District School Board to discuss a potential resolution of the Trudeau Drive Walkway issue, including (but not limited to): moving the smoking section to another location on school property and prohibiting of pick-ups and drop-offs from Trudeau Drive; and That a survey (online and paper) be conducted, of all residents on Marchwood Crescent and Trudeau Drive, on whether residents support: a) closure of the walkway, or b) keeping the walkway open but prohibiting pick-ups and drop offs on Trudeau Drive and moving the smoking section from the walkway to another area on school property (i.e. at the east end of the field or in the parking lot of Bowmanville High School). Referred Later in the meeting, see following motions. Recess Resolution # GG-107-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Committee recess for 5 minutes. Carried The meeting reconvened at 11:45 a.m. with Mayor Foster in the Chair. Suspend the Rules Resolution # GG-108-22 Moved by Councillor Neal Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting until 12.15 p.m. Carried 6 Page110 General Government Committee Minutes February 28, 2022 Resolution # GG-109-22 Moved by Councillor Neal Seconded by Councillor Zwart That Item 8.1.6, regarding New Business - Trudeau Walkway, be referred to Staff to report back at the March 21, 2022, General Government Committee meeting, for options on how to proceed on addressing the issues with the Trudeau Drive Walkway. Carried as Amended Later in the Meeting See following motion. Resolution # GG-110-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-109-22 for a second time. Carried Resolution # GG-111-22 Moved by Councillor Traill Seconded by Councillor Hooper That the foregoing Resolution #GG-109-22 be amended by replacing the words "March 21" with the words "April 11". Carried Main Motion as Amended: Resolution # GG-112-22 Moved by Councillor Neal Seconded by Councillor Zwart That Item 8.1.6, regarding New Business - Trudeau Walkway, be referred to Staff to report back at the April 11, 2022, General Government Committee meeting, for options on how to proceed on addressing the issues with the Trudeau Drive Walkway. Carried The Committee recessed for their one hour scheduled break in accordance with the Procedural By- law. The meeting reconvened at 1:10 p.m. with Mayor Foster in the Chair. 7 Page111 General Government Committee Minutes February 28, 2022 6. Reports/Correspondence Related to Presentations/Delegations Item 6.1, New Business — Bottom Ash was considered after item 5.2. 6.2 CSD-004-22 Outdoor Permit Rates and Fees 2022 Resolution # GG-113-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report CSD-004-22 and any related communication items be received; That the proposed rates for January 1, 2022, to December 31, 2022, in Attachment 1 to Report CSD-004-22, be approved; That subsequent Outdoor Permit Rates and Fees be incorporated into Community Services rates and fees moving forward; That the current 10% non-resident surcharge for Community Services be applied to outdoor permit rates and fees; and That all interested parties listed in Report CSD-004-22 and any delegations be advised of Council's decision. Carried 7. Communications Resolution # GG-114-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Items 7.1 to 7.3, with the exception of 7.2, be received for information. Carried 7.1 Minutes of the Newcastle Village Community Hall Board dated December 12, 2021 Resolution # GG-115-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.1, Minutes of the Newcastle Village Community Hall Board dated December 12, 2021, be received for information. Carried 8 Page112 General Government Committee Minutes February 28, 2022 7.3 Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon Financial Information Request Resolution # GG-116-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.3, Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon Financial Information Request, be received for information. Carried 7.2 Wendy Bracken, Regarding a Request for an Environmental Assessment Resolution # GG-117-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.2, Wendy Bracken, Regarding a Request for an Environmental Assessment, be received for information. Carried 8. Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works Councillor Hooper chaired this portion of the meeting. Resolution # GG-118-22 Moved by Mayor Foster Seconded by Councillor Zwart That Reports PWD-003-22 and PWD-004-22 be approved on consent, in accordance with the agenda. Carried 8.1.1 PWD-003-22 Northglen West Phase 3 Subdivision, Plan 40M-2606 Assumption By -Law Resolution # GG-119-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report PWD-003-22 be received; That the draft By-law (Attachment 2), assuming certain streets within Plan 40M- 2606 and adjacent plan 40M-2560 (Attachment 1), be approved; and 9 Page113 General Government Committee Minutes February 28, 2022 That all interested parties listed in Report PWD-003-22 and any delegations be advised of Council's decision. Carried 8.1.2 PWD-004-22 Brookhill Phase 3 Subdivision, Plan 40M-2580 Assumption By - Law Resolution # GG-120-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report PWD-004-22 be received; That the draft By-law (Attachment 2), assuming certain streets within Plan 40M- 2580 (Attachment 1), be approved; and That all interested parties listed in Report PWD-004-22 and any delegations be advised of Council's decision. Carried 8.1.3 PWD-005-22 Sidewalk Snow Clearing Resolution # GG-121-22 Moved by Mayor Foster Seconded by Councillor Anderson That Report PWD-005-22 and any related communication items, be received; and That all interested parties listed in Report PWD-005-22 and any delegations be advised of Council's decision. Carried 8.1.4 New Business - Future Connection for the Farewell Creek Trail (Councillor Neal) Resolution # GG-122-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to complete the future connection for the Farewell Creek Trail near Darlington Blvd. in 2022. Carried Later in the meeting, see following motion. 10 Page114 General Government Committee Minutes February 28, 2022 Resolution # GG-123-22 Moved by Mayor Foster Seconded by Councillor Neal That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-122-22 for a second time. Carried The foregoing Resolution #GG-122-22 was then put to a vote and carried. 8.1.5 New Business - Snow Clearing on Highway 2 from Townline Road to Courtice Road (Councillor Neal) Resolution # GG-124-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to clear snow and ice from all sidewalks on Highway 2 from Townline Road to Courtice Road. Referred Resolution # GG-125-22 Moved by Mayor Foster Seconded by Councillor Neal That the foregoing Resolution #GG-124-22 be referred to Staff to include in the upcoming snow clearing report. Carried Resolution # GG-126-22 Moved by Councillor Neal Seconded by Mayor Foster That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-125-22 for a second time. Carried That the foregoing Resolution #GG-125-22 was then put to a vote and carried. Item 8.1.6, New Business — Trudeau Walkway was considered after item 5.5. 8.2 Community Services Councillor Traill chaired this portion of the meeting. 11 Page115 General Government Committee Minutes February 28, 2022 8.2.1 CSD-005-22 2021 Annual Accessibility Update Resolution # GG-127-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report CSD-005-22 and any related communication items, be received; That Report CSD-005-22 be placed on the Municipal website; and That all interested parties listed in Report CSD-005-22 be notified of Council's decision. Carried 8.3 Legislative Services Councillor Jones chaired this portion of the meeting. 8.3.1 LGS-003-22 2022 Municipal Elections — Accessibility Plan Resolution # GG-128-22 Moved by Councillor Zwart Seconded by Mayor Foster That Report LGS-003-22 be received; and That all interested parties listed in Report LGS-003-22, and any delegations be advised of Council's decision. Carried 8.4 Financial Services Councillor Neal chaired this portion of the meeting. Resolution # GG-129-22 Moved by Mayor Foster Seconded by Councillor Hooper That Reports FSD-005-22 and FSD-006-22 be approved on consent, in accordance with the agenda. Carried 12 Page116 General Government Committee Minutes February 28, 2022 8.4.1 FSD-005-22 2021 Annual Commodity Hedging Compliance Report Resolution # GG-130-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-005-22 be received for information. Carried 8.4.2 FSD-006-22 2021 Annual Leasing Report Resolution # GG-131-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-006-22 be received for information. Carried 8.4.3 FSD-010-22 2021 Council Remuneration Resolution # GG-132-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report FSD-010-22 be received for information. Carried 8.4.4 FSD-011-22 Roof Remediation at Courtice Community Complex and Garnet B. Rickard Recreation Complex Resolution # GG-133-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-011-22 and any related communication items, be received; That the Industrial Roofing Services Inc. with a bid amount of $736,803.00 (excluding HST) being the lowest bidder meeting all terms, conditions and specifications of tender CL2021-36 be awarded the contract for the work required to complete the roof remediation at Courtice Community Complex and Garnet B. Rickard Recreation Complex as requested by the Community Services Department; and 13 Page117 General Government Committee Minutes February 28, 2022 N 10 10.1 That the funds required for this project in the amount of $736,803.00 (excluding HST) is in the approved budget allocation as provided and will be funded from the following account: Description 2020 CCC — Building Improvements Canada Community Building Fund R/F 2021 — Facility Roof Replacements Municipal Capital Works R/F Account Number Amount 110-42-421-84249- $545,798 7401 557-00-000-00000- 47,095 7418 110-42-421-84285- 91,600 7401 511-00-000-00000- 52,310 7418 That all interested parties listed in Report and any delegations be advised of Council's decision. Carried Unfinished Business Questions to Department Heads/Request for Staff Report(s) Mayor Foster chaired this portion of the meeting. Improvements to Parking Lot at Tooley's Mill Park (Councillor Neal) Resolution # GG-134-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff report back at the March 21, 2022, General Government Committee meeting on improvements that need to be made to the parking lot at Tooley's Mill Park, including the surface, signage, and the date when the Municipality will assume control of the parking lot. Carried 14 Page118 General Government Committee Minutes February 28, 2022 10.2 Anaerobic Digestor (Councillor Neal) Resolution # GG-135-22 Moved by Councillor Neal Seconded by Councillor Anderson That the Director of Legislative Services/Municipal Solicitor report back at the March 14, 2022, Council meeting on the anaerobic digestor arbitration and next steps. Referred Resolution # GG-136-22 Moved by Councillor Neal Seconded by Councillor Anderson That the foregoing Resolution #GG-135-22 be referred to the end of the agenda in Closed Session. Carried Members of Committee asked questions of Department Heads. 11. Confidential Items 11.1 PWD-002-22 Potential Property Acquisition Closed Session Resolution # GG-137-22 Moved by Councillor Neal Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing two matters (Report PWD-002-22 Potential Property Acquisition and an Update on the Anaerobic Digestor) that deal with: • a proposed or pending acquisition or disposition of land by the municipality or local board; and • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Carried Rise and Report The meeting resumed in open session at 2:58 p.m. 15 Page119 General Government Committee Minutes February 28, 2022 Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to Staff. Anaerobic Digestor Resolution # GG-138-22 Moved by Councillor Neal Seconded by Councillor Anderson That the Director of Legislative Services/Municipal Solicitor report back at the March 14, 2022, Council meeting on the anaerobic digestor arbitration and next steps. Carried 12. Adjournment Resolution # GG-139-22 Moved by Councillor Hooper Seconded by Councillor Anderson That the meeting adjourn at 3:03 p.m. Carried 16 Page120 • Cbrington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: March 7, 2022 Time: 6:30 p.m. Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS Teams) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: M. Dempster, J.P. Newman, R. Windle, T. Pinn, F. Langmaid, K. Richardson, M. Chambers Other Staff Present: A. Burke, B. Rice, T. Rubino, R. Warne, N. Zambri, A. Van Dyk 1. Call to Order Councillor Anderson called the meeting to order at 6:30 p.m. 2. Land Acknowledgment Statement Councillor Traill led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Announcements Members of Committee announced upcoming community events and matters of community interest. 5. Public Meetings 5.1 Public Meeting for a Proposed Draft Plan of Subdivision and Zoning By-law Amendment Toni Rubino, Planner II, made a verbal presentation to accompany an electronic presentation. Beverly Carby and Michael Carby, spoke in support of the application. Beverly feels that the land should be developed to allow access to the private property and avoid future trespassing. Beverly believes the application should be approved as proposed and the project should move forward. Bindu Purohit was called upon and was not present. Page 121 C►ariQgton March 7, 2022 Planning and Development Committee Minutes Farzana Sajjad was present in support of the application. Farzana thanked staff and developers for the opportunity to participate in the public process. F. Sajjad was aware that the vacant land was to be developed when moving into the area. Farzana explained there has been wildlife and campers using the vacant land and believes a road and walkway will increase safety in the community. F. Sajjad believes this application aligns with planning policy for the Municipality of Clarington. Farzana stated that the petition has misleading information including that there will be no sidewalks, sharp turns, decreased property values and that these will be multi -family homes. Farzana explained that the vacant land is used as a shortcut and that developing a path will provide a safer option for the neighbourhood. F. Sajjad believes property values will increase and this development will serve the community and should be supported and approved. Anum Anjum, Courtice Team, was present in support of the application and made a verbal and electronic presentation. Anum explained that the Courtice Team are private property owners looking to use local developers and builders to build homes on the property. Anum added they are working with D.G. Biddle and Associates. Anum believes this development will create safe access to the neighbouring parks. Anum explained that a walkway will be constructed on land donated by the property owners to the municipality. Anum added that the donated land will be used to create a walkway which will be maintained by the municipality. Anum concluded by noting that this development will create access to the residents, allow for increased snow removal and discourage trespassing and the potential for squatters on the vacant land. Anum answered questions from the Members of Committee. Matt Sullivan was present in support of the application and had no additional comments to add. Zia Rehman was called upon and was not present. Maryam Rehman was present in support of the application. Maryam stated that this development will provide access, increased safety and more access to services such as snow clearing. Maryam noted the petition contained incorrect information and the development will include sidewalks and will not include multi- family homes. M. Rehman concluded by explaining that the development will add to the current infrastructure and be beneficial to the Courtice residents. Maryam answered questions from the Members of Committee. Kulsoom Rehman was present in support of the application. Kulsoom believes this development will provide increased access to the neighbourhood and surrounding parks and assist with snow clearing access in the winter. K. Rehman stated this vacant land is subject to trespassing and squatters. Kulsoom added that this development will include a sidewalk, not have a sharp turning road or include multi- family households. K. Rehman concluded by noting this development will support the local economy and create growth. 2 Page122 C►ariQgton March 7, 2022 Planning and Development Committee Minutes Tim Williams was present in opposition to the application. Tim stated that at the previous public meeting the residents made it clear that they do not support this application. Tim noted that the delegates speaking tonight are not currently area residents. Tim answered questions from the Members of Committee. Libby Racansky was present and spoke to the application. Libby stated that these comments apply to both public meeting applications on tonight's agenda. L. Racansky had the following requests as noted in the correspondence and photos provided. Libby requested that all residents living between Townline Road to Green Road be notified of all upcoming development applications. L. Racansky also requested that no developments proceed prior to the upgrade of the Courtice Water Pollution Control Plant. Libby answered questions from the Members of Committee. Shafiq Anjum was present in support of the application. Shafiq believes this development will support economic development and growth in the municipality. Shafiq answered questions from the Members of Committee. Eric Richter was present in opposition to the application. Eric is concerned with increased traffic at the Nash Road traffic lights and believes Dale Park Drive will become a detour. Eric expressed additional concern with parking and safety for the children in the area. E. Richter stated that there are no issues with squatters or snow clearing and the photos used by the previous speaker were taken to look intentionally negative. Eric is the owner of the trailer in the photos and explained there is an arrangement with the property owner, and it can be moved if necessary. E. Richter is concerned with going through another major construction project in the area and the majority of the previous speakers do not currently live in the area. Sara Haider was present in support of the project and made a verbal and electronic presentation. Sara noted that both Dale Park Drives were always intended to be connected. S. Haider advised that the original property owners refused to sell the land for over 30 years and now all six property owners have agreed to sell so the project can proceed. Sara advised that a portion of the land will be donated to construct a walkway for community access. Sara believes the development will allow for proper snow clearing and the municipality will be responsible for maintaining the roads and sidewalks. S. Haider added that this will not affect any natural heritage, a walkway will be constructed and will benefit the community. Kinza Haider, Kinza Law Office, was present on behalf of a client, in support of the application and made a verbal and electronic presentation. Kinza noted that Dale Park Drive was always intended to be connected. K. Haider explained that the property owners have agreed to sell, and the development can now move forward. Kinza explained that the homes will be in line with the existing homes and include roads, sidewalks, and lighting. Kinza added that this will create growth and assist with meeting the demand for housing in Clarington. Kinza explained that the client owns property at the end of Dale Park Drive has been restricted from development 3 Page123 C►ariQgton March 7, 2022 Planning and Development Committee Minutes as this is where the snow is piled during the winter months and would block the proposed driveway. K. Haider concluded that the property owner has been waiting for 10 years to develop this property and now can move forward with the intended use. Michael Fry and Ashlee Prescott, D.G. Biddle, were present on behalf of the applicant. Ashlee thanked staff and provided the background of the application. Ashlee noted the lands have been vacant for many years and is not identified as a natural heritage area. A. Prescott explained there will be detached and semi- detached homes which are compatible with the surrounding land use, promote intensification and provide access to municipal services. Ashlee added that this land was always intended to be connected and will be reviewed by Engineering Staff. Ashlee stated there will be no on -street parking, will include sidewalks and will improve snow clearing and garbage collection access. Michael and Ashlee answered questions from the Members of Committee. 5.1.1 PDS-005-22 - Dale Park Drive Draft Plan of Subdivision and Rezoning to Permit 9 Residential Units Consisting of 4 Semi -Detached Dwellings and 1 Single Detached Dwelling Resolution # PD-010-22 Moved by Mayor Foster Seconded by Councillor Neal That Report PDS-005-22 and any related communication items, be received for information only; That Staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications; and That all interested parties listed in Report PDS-005-22 and any delegations be advised of Council's decision. Carried 5.2 Public Meeting for a Proposed Plan of Subdivision Nicole Zambri, Senior Planner, made a verbal presentation to accompany an electronic presentation. Rachel Shewan was called upon and was not present. Libby Racansky was present and had no further comments. Mallory Nievas, Weston Consulting, was present on behalf of the applicant and made a verbal and electronic presentation. Mallory reviewed the subject property and surrounding area, the planning framework, the current zoning and highlighted the proposed development and site plan. Mallory highlighted the landscaping plans, proposed elevations, and listed the supporting studies for the applications. 0 Page124 Cladiwa March 7, 2022 Planning and Development Committee Minutes The Public Meeting concluded at 8:44 p.m. 5.2.1 PDS-010-22 -Draft Plan of Subdivision Proposal for 10 Townhouse Units at 2591 Trulls Road, Courtice Resolution # PD-011-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-010-22 and any related communication items, be received for information only; That Staff receive and consider comments from the public and Council with respect to the subdivision application; and That all interested parties listed in Report PDS-010-22 and any delegations be advised of Council's decision. Carried 6. Presentations/Delegations 6.1 Delegation by Ron Diskey, Regarding Request for Access to Rundle Road Property Ron Diskey was present regarding a request for access to their Rundle Road Property. Ron thanked the Members of Committee for considering the request. R. Diskey reviewed the property location and would like to build and live on the property. Ron addressed access to the property and explained that it is currently by road allowance. R. Diskey wanted to pursue a boundary adjustment but explained that the neighbours are not willing to go forward with that option at this time. Ron provided an overview of the four options which included: 1. Improving the road allowance to a municipal standard 2. Leasing the road allowance 3. Determine the road allowance as surplus and sell it 4. Provide an easement without a request for additional services Ron noted that they prefer Option 4. R. Diskey stated that Option 2, 3 and 4 will not result in any increased costs to the Municipality. Ron believes that allowing access will benefit the municipality once the property is built and understands that gaining access is only the first step in the process. Ron answered questions from the Members of Committee. 5 Page125 C►ariQgton Resolution # PD-012-22 Moved by Mayor Foster Seconded by Councillor Jones March 7, 2022 Planning and Development Committee Minutes That Item 7.1, Memo-011-22 - Access to Rundle Road Property, be received for information; and That the matter be referred to Staff to report back on possible solutions for Ron Diskey's request. Carried 7. Reports/Correspondence Related to Presentations/Delegations 7.1 Memo-011-22 - Access to Rundle Road Property Item 7.1 was considered immediately following Item 6.1, the delegation of Ron Diskey. Recess Resolution # PD-013-22 Moved by Mayor Foster Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:10 p.m. with Councillor Anderson in the Chair. 8. Communications 9. Staff Reports and Staff Memos Resolution # PD-014-22 Moved by Mayor Foster Seconded by Councillor Neal That Reports PDS-006-22, PSD-007-22 and PDS-011-22 be approved on consent, in accordance with the agenda as follows: 9.1 PDS-006-22 - Zoning By-law Amendment for 14 Jack Potts Way, Courtice Resolution # PD-015-22 That Report PDS-006-22 and any related communication items, be received; That the By-law attached to Report PDS-006-22, Attachment 1, be approved; and That all interested parties listed in Report PDS-006-22 and any delegations be advised of Council's decision. 0 Page126 C►ariQgton March 7, 2022 Planning and Development Committee Minutes 9.2 PDS-007-22 - An Application to Remove the (H) Holding Symbol to Permit the Development of a Single Detached Dwelling on a Vacant lot Created as Part of a Lot Line Adjustment Application (LD2021/102) for 1 Granary Lane, Courtice Resolution # PD-016-22 That Report PDS-007-22 and any related communication items, be received; That the By-law attached to Report PDS-007-22, Attachment 1, be approved; and That all interested parties listed in Report PDS-007-22 and any delegations be advised of Council's decision. 9.3 PDS-011-22 - Official Plan Amendment to Facilitate the Severance of a Surplus Farm Dwelling at 40 Station Street Resolution # PD-017-22 That Report PDS-011-22 and any related communication items, be received; That the Official Plan Amendment attached to Report PDS-011-22, Attachment 1, be approved; and That all interested parties listed in Report PDS-011-22 and any delegations be advised of Council's decision. Carried 9.4 PDS-012-22 - Building Activity Update January 1 to December 31, 2021 Resolution # PD-018-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-012-12 be received for information. Carried 9.5 PDS-013-22 - An Application for Zoning By-law Amendment to Facilitate the Creation of a New Lot for One Single Detached Dwelling at 3301 Trulls Road in Courtice Resolution # PD-019-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report PDS-013-22 and any related communication items, be received; That the By-law attached to Report PDS-013-22, as Attachment 1, be approved; 7 Page127 C►ariQgton March 7, 2022 Planning and Development Committee Minutes That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-004-22 and Council's decision; and That all interested parties listed in Report PDS-013-22 and any delegations be advised of Council's decision. Carried 9.6 PDS-014-22 - Development Applications — 2021 Annual Report Resolution # PD-020-22 Moved by Councillor Neal Seconded by Councillor Hooper That Report PDS-014-22 and any related communications, be received for information. Carried 9.7 PDS-015-22 - Clarington Corporate Climate Action Plan, Annual Update to March, 2022 Resolution # PD-021-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report PDS-015-22 and any related communications be received for information. Carried 9.8 FSD-013-22 - Courtice Waterfront and Energy Park Secondary Plan — Single Source Courtice Waterfront Park Design Resolution # PD-022-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report FSD-013-22 and any related communication items, be received; That Staff single -source the procurement of design services for the Courtice Waterfront Design Plan, as part of the Courtice Waterfront Secondary Plan project; and That all interested parties listed in Report FSD-013-22 and any delegations be advised of Council's decision. Carried Page128 C►ariQgton March 7, 2022 Planning and Development Committee Minutes 9.9 Memo-010-22 - Update and Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year Resolution # PD-023-22 Moved by Councillor Traill Seconded by Mayor Foster That Memo-010-22 - Update and Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year and any related correspondence, be received for information; That clarification be provided whether or not Clarington should be requesting a bump up; and That the questions outlined in Wendy Bracken's correspondence be addressed. Motion Withdrawn, later in the meeting, see following motions Recess Resolution # PD-024-22 Moved by Mayor Foster Seconded by Councillor Hooper That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:51 p.m. with Councillor Anderson in the Chair. Resolution #PD-023-22 was then withdrawn by the mover. Resolution # PD-025-22 Moved by Mayor Foster Seconded by Councillor Neal That Memo-010-22 - Update and Next Steps: Municipal Comments on the Durham York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes per Year be received for information; and That the correspondence from Wendy Bracken be referred to Staff to be included in the report being presented at the March 14, 2022, Council meeting. Carried 0 Page129 C►ariQgton 10. New Business - Consideration March 7, 2022 Planning and Development Committee Minutes 10.1 New Business -Support Transition to Electric Vehicles to Reduce Greenhouse Gas Emissions in Ontario (Mayor Foster) Resolution # PD-026-22 Moved by Mayor Foster Seconded by Councillor Hooper Whereas the Municipality of Clarington is committed to protecting our economy, ecosystems, and community from climate change; Whereas the Municipality of Clarington strives to maintain a healthy environment and foster a heathy community to nurture the wellbeing of residents and provide a high quality of life; Whereas the Durham Community Energy Plan demonstrates that the transportation sector is responsible for 47 per cent of greenhouse gas emissions in Durham Region; Whereas the majority of Ontario's electricity is produced from low carbon sources; Whereas investment in domestic EV production has the potential to create mitigate carbon emissions and create well -paid jobs for residents of Durham; Now therefore be it resolved that the Municipality of Clarington, respectfully request that the Provincial government take the following actions to support municipalities, businesses, and the public to reduce greenhouse gas emissions in the transportation sector: • Support research and development of battery and energy storage technologies with applications for use in EVs and renewable energy storage; • Provide subsidies to for residents, businesses, and municipalities to install public and private EV charging infrastructure in new and existing developments; • Provide subsidies to residents, businesses, and municipalities to incentivize the purchase of EVs; • Support mandatory minimum EV charge station -ready parking spots in new commercial and residential developments; That this resolution be forwarded to the Honourable Erin O'Toole, MP (Durham), Honourable Philip Lawrence MP (Northumberland -Peterborough South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland -Peterborough South); and That this resolution be forwarded to the Region of Durham and Durham area municipalities for endorsement; 10 Page130 C►ariQgton March 7, 2022 Planning and Development Committee Minutes That this resolution be forwarded to the Federation of Canadian Municipalities (FCM) and the Association of Municipalities Ontario (AMO) for circulation to municipalities with a request for endorsement. Carried 10.2 New Business - Clarington Energy Park (Councillor Traill) Councillor Traill withdrew the motion under New Business Item 10.2. 11. Unfinished Business 12. Questions to Department Heads/Request for Staff Reports 13. Confidential Items Resolution # PD-027-22 Moved by Mayor Foster Seconded by Councillor Neal That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 13.1 Verbal Update from Faye Langmaid, Manager of Special Projects, Regarding Potential Property Acquisition Rise and Report The meeting resumed in open session at 10.30 p.m. Suspend the Rules Resolution # PD-028-22 Moved by Councillor Zwart Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes. Carried Councillor Anderson advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. 11 Page 131 Clarftwn 14. Adjournment March 7, 2022 Planning and Development Committee Minutes Resolution # PD-029-22 Moved by Councillor Hooper Seconded by Mayor Foster That the meeting adjourn at 10:33 p.m. Carried 12 Page132 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee From: Stephen Brake, Director of Public Works Date: March 21, 2022 Memo #: Memo-012-22 File No.: PA. FarewelICreekTraiIPhase 2.1 (CL2021-2) Re: Connection to Farewell Creek Trail across 43 Darlington Boulevard As requested by Council at the March 28, 2022 General Government Meeting, staff have reached out to the landowner of 43 Darlington Boulevard to discuss the possibility of constructing a connecting link to Phase 2 of the Farewell Creek Trail that is currently under construction. The developer was receptive to the request and has agreed to allow the connection to move forward should the Municipality choose to proceed. However, it should be noted that the current property has no development approvals and any trail constructed on the property will most likely be damaged or throwaway once the lands are developed. Staff have received a concept plan as part our discussion with the owner to minimize this risk but without going through the Planning process the concept has no standing. In addition, a significant portion of this trail would fall under the developer's responsibility if the Municipality were to wait until the lands move forward through the development process. Based on the discussion staff had with the owner we understand they will be submitting a plan shortly to Planning for draft approval. In addition, the intention was to use the existing construction access through the 43 Darlington Boulevard property to complete Phase 3 of the Farewell Creek Trail extension to Townline Road. Access from Townline Road would be virtually impossible due to the steep embankment, and the City of Oshawa has not forecasted any plans to formalize a trail from Grandview Street to Townline Road. As a result, access options to complete the Phase 3 extension are essentially limited to the current access point at 43 Darlington Boulevard. Completing this link now would result in future damage to the pedestrian connection during the next phase of construction due to significant construction vehicle impacts and will invariably generate significant throwaway dollars if completed before the development proceeds. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page133 Page 2 Should Council wish to proceed with the construction of the trail connection at this time the cost estimate for the updated trail alignment, as shown in the attached map, would be $180,000. The project would be funded through DCs, $162,000, and the Tax Rate Stabilization Reserve Fund, $18,000. Staff recommend deferring the construction of the proposed link until Phase 3 of the Farewell Creek Trail is scheduled. Any segment that may not be constructed as part of the development plan for 43 Darlington Boulevard would be included in the Phase 3 tender to limit throwaway costs and to potentially receive more competitive pricing. Stephen Brake Director Public Works /T R cc: T. Ricciardi, Manager of Infrastructure K. Richardson, Manager, Development Engineering K. Heathcote, Capital Works Supervisor @ R. Brezina, Capital Works Engineer The Corporation of the Municipality of Caarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page134 23 22 M 00 o INv M 00 o N M Sg 23 -yp 28 li 18 _ - 103 104 N S� w 102 27 N �9 24 �i 2 �o cn � CD — W ( W chi, 101 _ 100 J CO W W W CA) w cn �' `T`5` 7 20 73 _ - _ m w 7 78 11 98 7 13 5A 17 76 14 9 7 N NNNNW WWWW-P�.A��Cn p N4�,CAC0ON4�-CAooON�CACbO 96 7 5 6 9 10 5 94 8� 3 92 3 4 S 6 W, Cn 1 2 73 4 � Cn cn� cn cn rn rn rn rn � � � v v oD 90 _ --4 W � �1 C.0 -� Cn �I CD — W Cn �I CO_ 88 FOX HUNT T�FRAIL 8 6 jl Cb O N N) C3) N) O O N W W W � � � � .p Cn Cn Cn Ci) O O 0) p J -4 Cb 0o � 00 [� pD O N� O Cb O N 00 O N � p W O N O Cb O N I I 1 D 05 1L.. L d .6 1 1 - . y I 1, 1 11 1 L I- L 1. 1427 a 5 3 qr—, � -11� Cn p p W W W W N N - N N �: 00 1 N O Cb C3) P N O (b CA N O N N O (b . CA N O (b &— ME)ARLING]ON BOULEVARD cn cn Ul 41, -P:, v W O U1 Wco CWn W N N N N v �Cn W _, v T W Legend f J 1465 /d t r I 1471 �j6, NO: DATE BY ISSUES/REVISIONS 38 40 1475 3� GafilW11 41 r� 42 DRAWING: 43 43 DARLINGTON BOULEVARD 44 45 PROPOSED TRAIL CONCEPT 46 - DRAWN BY: CHECKED BY: PROJECT No: / n7a / ro DESIGNED BY: APPROVED BY: DRAWING NO: CT - - SCALE: DATE: 1 1:1,200 MAR 2022 KEY PLAN l�. �..---•.aaa111 Page 135 :♦ 1495 1461 I 1463 1485 1428 Attachment 1 to Memo-012-22 Proposed Trail l � 1451 1450 ■ ■ ■ ■ Existing Farewell Creek Trail N -- Farewell Creek 1457 . Z � !tl ,l • —• _ 2 C9 145 = '��� Hai MUNICIPALITY OF CLARINGTON COUNCIL DATE March 14, 2022 MOVED BY Councillor Neal SECONDED BY Councillor Jones RESOLUTION # That, in accordance with subsection 10. 12.18 of the Procedural By-law, the following Resolution #C-055-22, previously adopted by Council on February 14, 2022: That the following resolution be approved to replace the first paragraph of Resolution #GG-127-21, to give direction to Staff and time to tender the project: That $150,000 be directed, at the discretion of the Director of Financial Services, for the construction of two tennis courts at the South Courtice Arena; and That the Stuart Park refurbishment plan be amended to convert the existing tennis courts to pickleball courts and that any surplus be directed to the cost of the new tennis courts at the South Courtice Arena. Be amended by adding the following words to the end of the first paragraph: "including the installation of lights with the estimated cost of $75,000 to be funded from Development Charges" Page136