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10/01/2012
COUNCIL AGENDA DATE: MONDAY, OCTOBER 1, 2012 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council September 17, 2012 PRESENTATIONS a) Ann Harley — Queen's Diamond Jubilee Award DELEGATIONS (List as of Time of Publication) a) Crystal Powell, Community Development Coordinator, Canadian Blood Services — "Partners for Life Program" (Correspondence Item D -3) COMMUNICATIONS Receive for Information 1- 1 Minutes of St. Marys Cement Community Relations Committee dated June 12, 2012 1 - 2 Minutes of the Clarington Heritage Committee dated September 18, 2012 1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 11, 2012 1 - 4 Minutes of the Orono Arena Community Centre Board dated September 19, 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - October 1, 2012 1 - 5 Minutes of the- Clarington Accessibility Advisory Committee dated September 5, 2012 1 - 6 Jim Richards - Compensation for Incinerator - related Illnesses 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Final Proposed Integrated Accessibility Standards within the Accessibility for Ontarians with Disabilities Act, 2005 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Proposed Federal Electoral Districts Readjustments 1-9 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Trail Co- Ordinating Committee (DTCC) — Regional Trail Network Update 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Quarterly Report on Planning Activities 1- 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Great Lakes Protection Act and the Ontario Draft Great Lakes Protection Strategy 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Proposed Source Protection Plans for Trent Conservation Coalition (TCC) Source ,Protection Region Receive for Direction D - 1 Karen Bastas, Event Coordinator, Vice - President, Newcastle BIA — Requesting Approval for Fireworks Display .D-2 Garth Gilpin, Secretary- Treasurer, Historic Downtown Bowmanville Business Centre — Requesting Approval for Road Closure for Christmas Moonlight Magic D - 3 Crystal Powell, Community Development Coordinator, Canadian Blood Services — Requesting Support for "Partners for Life Program" COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of September 24, 2012 STAFF REPORT(S) Council Agenda - 3 - October 1, 2012 UNFINISHED BUSINESS BY -LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT Leadiirg tltie {Yay Council Meeting Minutes SEPTEMBER 17, 2012 Minutes of a regular meeting of Council held on September 17, 2012 at 7:00 p.m., in the Council Chambers. Councillor Neal led the meeting in prayer. Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Facilities Manager, G. Acorn Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Director of Corporate Services and Human Resources, M. Marano Supervisor, Operations Administration, C. Peters Director of Emergency Services /Fire Chief, G. Weir Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated at this meeting. ANNOUNCEMENTS Councillor Novak announced the following: • Several Durham Region businesses were recognized by Veridian Corporation as Conservation Champions during the year including 405 Lake Road Investments in Bowmanville • The Municipality of Clarington was recognized and referred to as "Energetic Clarington ", one of Ontario's Powerhouses, in a Novae Res Urbis brochure • Durham Trade and Commerce Report recognized new businesses establishing in Clarington and others who were relocating to larger facilities within the Municipality • The Grand Opening of the Locust Tree Day Spa at 2924 Highway 2 Council Meeting Minutes - 2 - September 17, 2012 • "Savor the Season ", Durham Region's Annual Culinary Festival, will take place between September 12 and 23, 2012. Dee's Harvest Table in Newcastle is one of the participating restaurants • The Region of Durham has recognized Long -Term Service Employees and Retirees, some of whom are residents of Clarington Councillor Partner announced the following: ® On September 18, 2012, the Newcastle Horticultural Society will host a Pie Contest at 6:30 p.m. at the Newcastle Community Hall ® The Orono Rebekah's will host a dinner on Wednesday, September 19, 2012, with proceeds in support of much - needed upgrades to the hall and the new kitchen ® The 14th Annual Chili Cook -off in Orono will take place on Saturday, September 22, 2012 with a pie judging, Superdog Central Dog show and Chili tasting • Newcastle No Frills Supermarket is holding its first job fair on September 24 and 25, 2012 • The Orono BIA will host a Halloween Bash on October 27th with the Charles Street Band performing Councillor Traill announced the following: • Last week she met with representatives of the Port Darlington Community Association to discuss issues affecting residents and noted the Association has expressed approval for the new traffic signs in front of Bobby C's • She attended the St. Marys Cement 100th Year Celebration • The Board of Directors of Bethesda House will host the annual "Take Back the Night" Walk on September 18, 2012 • Bethesda House now has a Facebook page featuring important information about the organization, pictures and fundraising opportunities. The Board is also seeking an additional member • There will be a Public Information Centre for the new French Immersion School on Wednesday, September 19, 2012 at the Bowmanville High School • She welcomed Wendy Lee Moore, owner of the Locust Tree Day Spa, to Clarington Councillor Woo announced the following: ® On September 18, 2012 he and Councillor Partner will participate in the Newcastle "Curves is Not for Sissies Event" honouring support workers and PSW's by marching to Fosterbrooke Long -Term Care Facility. Curves is providing free 30 -day memberships to workers and staff Council Meeting Minutes - 3 - September 17, 2012 Councillor Hooper announced the following: • Thursday, September 20, 2012 is the final performance of the Concerts in the Park Series at Rotary Park with Swing Shift performing. Councillor Hooper stated the estimated attendance for the season was between 2,500 and 3,000 • The Clarington Board of Trade will be hosting an "Ask the Expert" Session on Thursday, September 20, 2012 with the topic "The Power of E -mail Marketing" A ribbon - cutting ceremony will also take place at 3:30 p.m. • On Sunday, September 16th the Annual Terry Fox Run was held. Councillor Hooper expressed appreciation to staff and participants for the success of the event • On Saturday, September 15, 2012, the Abandoned Cemeteries Board participated in a clean -up at the Shiloh Church Cemetery. Councillor Hooper expressed appreciation to the Committee, the volunteers and the Operations Department • KX96 Radio Station, one of Clarington's communications partners, was the recipient of the prestigious "Radio Station of the Year" Award in the secondary market this year at the CCMA Awards Councillor Neal announced the following: Van Belle Garden Centre is collecting used soccer equipment to ship to Haiti "Heritage Harvest" Fundraising Dinner will take place at Tooley Mill on Saturday, September 22, 2012 with proceeds in support of the Clarington Museum Mayor Foster announced the following: • Big Brothers and Big Sisters of Clarington will host a Golf Tournament on Friday, September 21, 2012 • Clarington Eagles will make their 2012 -2013 debut at the Garnet B. Rickard Recreation Complex on Friday, September 21, 2012 at 6:30 p.m. • On Saturday, September 22, 2012 the Canadian Breast Cancer Pink Tour will be at Shoppers Drug Mart at Liberty and Longworth in Bowmanville and at Shoppers in Courtice . • There will be an update on the Port Granby Project at the Newtonville Community Hall on Wednesday, September 26, 2012 Resolution #C- 250 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT the minutes of a regular meeting of Council held July 3, 2012, be approved; Council Meeting Minutes - 4 - September 17, 2012 THAT the minutes of a special meeting of Council held July 27, 2012, be approved; and THAT the minutes of a special meeting of Council held August 13, 2012, be approved. "CARRIED LATER IN THE MEETING" Mayor Foster advised that at the meeting of July 3, 2012, Council endorsed Resolution #C- 238 -12 enacting a series of By -laws including By -laws 2012 -056, 2012 -057 and 2012 -058. The Municipality did not have jurisdiction to pass these By -laws and therefore they are deemed not to be enacted. The foregoing Resolution #C- 250 -12 was then put to a vote and CARRIED. Inspector Rolf Kluem, Durham Regional Police Service (DRPS), addressed Council to present an update on DRPS policing initiatives from 2011 and to highlight the results of the 2011 Annual Report. Copies of the Durham Regional Police Service 2011 Annual Report were distributed to Members of Council. Through use of a PowerPoint presentation, Inspector Kluem reviewed statistics regarding DRPS East Division which includes the Municipality of Clarington. Inspector Kluem reviewed DRPS's objective in delivering police services to four areas of specific concern as identified in their Business Plan and in consultation with the community. He noted people are concerned with safe roads, personal safety in open areas, property crime and ensuring that high risk offenders in the community are complying with court- imposed conditions. Inspector Kluem highlighted East Division Crime Clearance 2011 statistics noting that Durham Regional Police were ranked #1 in Canada in solving weighted crime clearance. DRPS have solved 94% of very serious cases over the course of the 30 -year Regionalized Police Service in Durham Region. He noted that violent crimes against people, property crime and break and enter incidents are on a downward trend in the Region. Inspector Kluem reported that in 2011 DRPS received the MADD Canada prestigious Award of Excellence for the Festive R.I.D.E. Program. Inspector Kluem reviewed indicators for 2012 including theft, mischief, and trespass issues noting DRPS has put considerable effort into speaking with people and laying charges where appropriate. He also reviewed examples from individuals of how this model of policing translates to DRPS objectives. Inspector Kluem highlighted 2011 -2012 East Division initiatives including the Property Crime Initiative, Road Safety, Open Spaces and Liquor Licence Establishment Enforcement. He also reviewed community involvement and partnership programs with Ontario Power Generation, Port Granby and the establishment of the Clarington Safety Partnership Committee. Inspector Kluem provided a brief update on the Boots and Hearts Festival from a policing standpoint, indicating that DRPS established successful partnerships with EMS, Fire and RepublicLive noting there were well over 15,000 people at the event with few incidents reported to the police. Council Meeting Minutes - 5 - September 17, 2012 Inspector Kluem summarized his presentation by highlighting DRPS East Division's Future Footprint in Clarington including the construction of two buildings on the southwest corner of Maplegrove Road and Highway #2 to house a new East Division Police Station and a new Forensic Identification Building. He noted that construction is anticipated to commence in 2013 for completion in 2015 and that DRPS is also looking at constructing a Property Bureau building, and an Investigative Centre of Excellence to amalgamate DRPS major Investigative resources. Catherine Love addressed Council concerning Correspondence Item D — 12 - Lease Agreement to permit a vegetable garden on municipal property. Ms. Love distributed photographs to provide Council with a visual impact of the garden on her property from a privacy perspective. Ms. Love stated she purchased the property in the fall of 2010 with one of the main drivers being the location and the significant amount of privacy the property afforded. Ms. Love indicated that plans to construct their home have been put on hold because of the lease of the land. She stated that she is hopeful that by delaying the building process and receiving confirmation that the lease would not be renewed would provide a sense of comfort to continue to invest in their property. Ms. Love stated the areas on the east and north side of the property were previously reviewed for use of a community garden and were not approved as the land was in a residential area. Ms. Love referred to provisions of the lease agreement which support her request from a nuisance perspective not to have the lease continued. She referred to the photographs which indicate her privacy will be significantly impacted by the placement of the garden. Ms. Love summarized by stating she would appreciate an expeditious decision that would provide her with peace of mind that their privacy will be respected and will allow her to move into their home in the spring. Emily Potter addressed Council concerning Correspondence Item D — 1 requesting to place vending machines containing bite -sized dog bones at the Leash -free park on West Beach Road. Ms. Potter suggested that the vending machines could either be free - standing or chained to the fence. She confirmed that in the past, she has used the vending machines to sell chocolates and has donated $0.03 per sale to the Paraplegic Organization and would be willing to donate the same to either the Animal Shelter or a charity of the Municipality's choice. Resolution #C- 251 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT Council recess for ten minutes. The meeting reconvened at 9:15 p.m. Council Meeting Minutes - 6 - September 17, 2012 Resolution #C- 252 -12 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items 1- 6, 1 - 11 and 1- 12. "CARRIED" 1- 1 Minutes of Ganaraska Region Conservation Authority dated June 21, 2012 1 - 2 Minutes of the Ganaraska Region Source Protection Authority dated August 13, 2012 1 - 3 Minutes of the Newcastle Memorial Arena Management Board dated July 10 and August 14, 2012 1 - 4 Minutes of the Clarington Agricultural Advisory Committee dated July 12 and August 23, 2012 1 - 5 Association of Municipalities of Ontario (AMO) forwarding a copy of AMO's submission to the Ontario Distribution Sector Panel (ODSP) in response to the ODSP's comprehensive review of the Province's electricity sector options to improve efficiencies, including local distribution company (LDC) consolidation. -7 Kim Coates, AMCT, Clerk, Township of Scugog, writing to P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on June 25, 2012, Scugog Council passed a resolution not to consent to Regional By- law 19 -2012 — Direct Election of the Regional Chair. 1 - 8 Susan Self, Chair, CTC Source Protection Committee, expressing appreciation to the Municipality for providing comments in response to the CTC Draft Proposed Source Protection Plan; indicating a summary of the comments received and how they have been addressed will be included in the updated Explanatory Document which will be included in the submission of the Plan to the Minister of the Environment; advising that the second round of public consultation will take place later this year; and, indicating that the Proposed Source Protection Plan will be published online at www.ctcswp.ca and all municipalities within the CTC will receive notice to comment and a digital copy of the plan. Council Meeting Minutes - 7 - September 17, 2012 1 - 9 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated July 6, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the May and June 2012 Complaint and Inquiry Logs; • May 2012 Durham York Energy Centre Call Centre Log; • May 2012 Durham York Energy Centre Complaint Protocol Log; • May 2012 Durham York Energy Centre Website Traffic Report; • June 2012 Durham York Energy Centre Call Centre Log; • June 2012 Durham York Energy Centre Complaint Protocol Log; • June 2012 Durham York Energy Centre Website Traffic Report; and advising that the documents are also available on the EFW project website at http:// www. durhamyorkwaste.ca /proiect/efw- committee.htm. 1 - 10 Raymond Louie, Chair, Green Municipal Fund Council, congratulating the Municipality on behalf of the Green Municipal Fund (GMF) Council and the Federation of Canadian Municipalities' (FCM) National Board of Directors on the Municipality's successful funding application for Clarington's Supplemental Phase 2 ESA and Designated Substance Survey for 173 Baseline Road in the amount of up to $15,950. 1 - 6 Tracey Ali, President -elect Clarington Branch, Architectural Conservancy of Ontario (ACO), expressing appreciation to Council on restoring the natural heritage of West Beach Port Darlington in constructing a boardwalk reminiscent of the boardwalk of the 1950's; and, advising that the ACO Clarington are in support of the area being a public beach again and look forward to seeing the results of the continuing dune restoration. Resolution #C- 253 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 6 from Tracey Ali, President -elect Clarington Branch, Architectural Conservancy of Ontario (ACO), with respect to West Beach Port Darlington, be received for information. "CARRIED" Council Meeting Minutes - 8 - September 17, 2012 1- 11 John O'Toole, MPP, Durham, forwarding a copy of correspondence he received from the Minister of Transportation in response to Council's resolution concerning the need to consider a future interchange at Lambs Road in the current Highway 401 study from Courtice Road to East Townline Road; confirming that the scope of the study is to develop a strategy addressing rehabilitation of bridges and pavement; and, advising that the Municipality may wish to undertake a separate study regarding Lambs Road which the Ministry would be pleased to participate in the process and be willing to work with Clarington to explore ways to modify construction timing of some highway improvements to meet municipal objectives and timelines. Resolution #C- 254 -12 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I — 11 from John O'Toole, MPP, Durham, with respect to a future interchange at Lambs Road, be received for information. 1 - 12 Louise Levert, Secretariat, Canadian Nuclear Safety Commission (CNSC) forwarding a Notice of Public Hearing to be held on November 13 and 14, 2012 at the Hope Fellowship Church, 1685 Bloor Street, Courtice to consider matters related to Ontario Power Generation's (OPG) Darlington Nuclear site Environmental Assessment of the proposed Refurbishment and Continued Operation of the Darlington Nuclear Generating Station (DNGS), the application by OPG to renew the Darlington Waste Management Facility (DWMF) licence and the application by OPG to renew the Nuclear Power Reactor Operating Licence for the DNGS until December 31, 2014; indicating the public hearing will be webcasted live on the Internet via the CNSC Web site and archived for a period of 90 days; inviting members of the public who have an interest or expertise in the matter to participate by filing a request with the Secretary of the Commission by October 15, 2012, on -line at http : / /www.nuclearsafety.gc.ca /eng /commission /intervention/ index.cfrn; advising that OPG's submissions and CNSC staff recommendations to be considered at the hearing will be available after September 14, 2012 and must be obtained by requesting a copy from the Secretariat; and, advising that agendas, hearing transcripts and information on the hearing process are available at the CNSC Web site at www.nuclearsafety.gc.ca. Council Meeting Minutes - 9 - September 17, 2012 Resolution #C- 255 -12 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I — 12 from Louise Levert, Secretariat, Canadian Nuclear Safety Commission (CNSC), with respect to Notice of a Public Hearing regarding the Darlington Nuclear Generating Station, be received for information. Correspondence Item D - 17 was received as a Hand -Out. esolution #C- 256 -12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 10 and D - 17 be approved as per the Agenda. • - . D - 1 Emily Z. Potter requesting to place vending machines containing dog treats outside the park fencing at the Leash -free dog park on West Beach Road; and, indicating that she will donate $0.03 per treat sold for $0.25 to the local animal shelter or a charity of the Municipality's choice. (Correspondence referred to the Municipal Clerk) D - 2 Kathy Crowhurst, Lupus Foundation of Ontario, requesting that the month of October be declared as "Lupus Awareness Month" to help increase public awareness of this autoimmune disease and to call for increases in public and private sector funding for medical research, education programmes for health professionals, patients and the public and to recognize lupus worldwide as a significant public health issue. (Proclaimed) D - 3 Charlie Black, President, PFLAG Durham Region, requesting November 20, 2012, be proclaimed the "Transgender Day of Remembrance" to raise public awareness of hate crimes against transgender people, publicly mourn and honour the lives of those who may otherwise be forgotten, remind non - transgendered people that transgender people are their sons, daughters, parents, friends and lovers and to provide their allies with a chance to step forward to stand in vigil memorializing those who have died by anti - transgender violence. (Proclaimed) Council Meeting Minutes - 10 - September 17, 2012 D - 4 Jean Graham, Chairperson, Newcastle Lions Club, requesting permission to host the 18th Annual "Walk for Dog Guides" on Saturday, October 6, 2012, in support of providing Dog Guide Teams to assist the blind, deaf and physically challenged; indicating the 5km and 10km walk will start at 8:00 a.m. at the Newcastle Community Hall following the same route as last year and will take approximately two hours to complete; advising that a copy of the insurance coverage will be provided by the Lions Foundation of Canada; and, encouraging all interested residents to participate. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Stacey Papanicolaou, Public Health Nurse, Region of Durham, advising October is recognized as "International Walk to School Month" and Wednesday, October 10th is known as "International Walk to School Day (IWALK) "; inviting residents to participate in (WALK events such as walking, cycling and wheeling as a means by which to get to and from school; highlighting the benefits of participating in active transportation; and, encouraging the Municipality to proclaim the month of 'October as "Walk to School Month" and October 10th as "International Walk to School Day ". (Proclaimed) D - 6 Chris Cappuccitti requesting a six -month extension to building permit 11.1184 for construction of a new single family home at 1696 Pebblestone Road; due to unforeseen delays in construction. (Request for a six month extension for the use of temporary living quarters at 1696 Pebblestone Road approved, subject to signing a further Letter of Undertaking) D - 7 Craig Laird and Marci Zuly, requesting an extension to building permit 12.0169 to November 30, 2012; indicating that they are making very good progress with the construction of their new residence at 3576 Concession Road 4, but as a precautionary measure are requesting additional time for the dwelling to be completed for occupancy; and, advising that the demolition of the existing residence will occur concurrently. (Request for an extension for the use of temporary living quarters at 3576 Concession Road 4 approved, subject to signing a further Letter of Undertaking) Council Meeting Minutes - 11 - September 17, 2012 D - 8 Fred Hahn, President, Canadian Union of Public Employees (CUPE) Ontario and Sheila Olan- MacLean, President, The Ontario Coalition for Better Child Care (OCBCC) requesting that Wednesday, October 24, 2012, be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in Clarington, in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. (Proclaimed) D - 9 Diana Stephenson, Event Coordinator, Newcastle BIA, requesting the closure of Highway 2 /King Avenue West to King Avenue East from Baldwin /North Street to Beaver Street on Saturday, October 6, 2012 from 6:00 a.m. to 5 :00 p.m. for the annual Newcastle BIA Fall Festival "Hometown Harvest "; indicating the event will feature vendors, car and tractor show, live music, Farmers Olympics for kids, yard display and pie baking contests; indicating that approximately 2000 people will attend and that 25 volunteers will be available to assist with directions; and, advising that insurance in the amount of $15,000,000 has been secured. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 10 Don Head, Commissioner, Correctional Service Canada, requesting that November 18 to 25, 2012, be proclaimed as "Restorative Justice Week "; advising this year's theme is "Diverse Needs; Unique Responses" recognizing that restorative justice is an approach that addresses the various needs of people impacted by crime and conflict that is created when a person is harmed or treated unfairly; and, providing suggestions on how municipalities can build on the success of the annual Restorative Justice Week. (Proclaimed) D - 17 Sylvie Landry, advising that in April 2010, the Legislative Assembly proclaimed September 25th of each year as Franco - Ontarian Day to recognize the contributions of Franco- Ontarians to the culture, history, social, economic and political life of the Province; indicating that 2012 marks over 400 years of the arrival of the first French settler in Ontario; and, requesting that September 25, 2012 be proclaimed "Franco - Ontarian Day ". (Proclaimed and permission granted to fly the Franco - Ontarian Day Flag) Council Meeting Minutes -12- September 17, 2012 D - 11 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural Affairs, advising that on June 11, 2012, the Township of Brock adopted the following resolution; "WHEREAS the Ontario Wildlife Damage Compensation Program provides compensation to eligible applicants whose livestock and /or poultry has been injured or killed as a result of wildlife, and further provides for municipalities to compensate livestock owners and seek reimbursement from the Ministry of Agriculture, Food and Rural Affairs ( OMAFRA); AND WHEREAS livestock valuers submit the report to the municipality to forward same to OMAFRA within 10 days of the reported damage to facilitate the required review time for applications appealed; AND WHEREAS the municipality is required to pay livestock claims directly following a 30 day review period and apply for reimbursement from OMAFRA, who retains the authority to deny claims paid by the municipality; AND WHEREAS the municipality is required to administrate all aspects of this program for which adequate administrative compensation is not received thereby at the expense of all ratepayers; NOW THEREFORE the Finance Committee of the Township of Brock hereby requests the Minister of Agriculture, Food and Rural Affairs to directly assume all administrative aspects of the implementation of this program with no involvement from the Township of Brock and that this resolution be copied to all municipalities within the Region of Durham and MPP Laurie Scott, Haliburton- Kawartha Lakes - Brock. FURTHER, In the event of a non - upload, the Province be requested to increase the compensation due to the Township to $100.00 per claim." Resolution #C- 257 -12 Moved by Councillor Trail[, seconded by Councillor Partner THAT the resolution from the Township of Brock, with respect to the Ontario Wildlife Damage Compensation Program, be endorsed; and THAT a copy be forwarded to John O'Toole, MPP, Durham and the Association of Municipalities of Ontario (AMO). . Council Meeting Minutes -13- September 17, 2012 D - 12 Catherine Love providing background information on the purchase of her property and the lease of the road allowance the Municipality entered into with her neighbour to permit a garden to be placed on the road allowance; expressing concern that as the adjoining property owner, she was not notified of the meeting when the issue was discussed; and, requesting that the lease not be renewed after the expiration date of May 8, 2013. Resolution #C- 258 -12 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D - 12 from Catherine Love, with respect to renewal of a lease agreement, be referred to staff for review and for policy direction on how to handle these matters in future; and THAT the report be presented in the next month or so. . • • D - 13 Deborra Crawford, Executive Assistant, Municipality of Grey Highlands, advising Council that on May 14, 2012, the Municipality of Grey Highlands adopted the following resolution pertaining to reimbursement for legal funds relating to the Green Energy Act and loss of control of road allowances: "THAT the Council of the Municipality of Grey Highlands has an uneasy feeling that the legal investment made and the resultant lack of success of this process of trying to convince the current Provincial government that the loss of authority over Municipal road allowances (other than those given to Hydro One) is an unexpected removal of Municipal powers; THAT Council and its legal counsel read the Green Energy Act and could see no mention of the loss of Municipal authority over road allowances. This was further clarified as an issue when International Power Corporation offered up a Road Use Agreement to the Municipality that offered up $50,000 per year for twenty years to waive its rights to the control of road allowances; THAT Council at the time did not want to succumb to what was considered an attempt to sell off Municipal powers and rejected the offer; THAT Council felt justified in not entering into this type of agreement and was surprised when the Ontario Energy Board gave a ruling that the Municipality had no control over its road allowances. IPC could proceed to use the road allowances without Municipal permission. The OEB gave them the same powers as Hydro One; Council Meeting Minutes -14- September 17, 2012 THAT Council proceeded to challenge this OEB ruling. The OEB rejected the legal challenge and a subsequent appeal was sought from Divisional Court for a fair resolution; THAT the Divisional Court did not support the assertion of the Municipality and imposed legal costs of $20,000 to the Municipality; THAT the Provincial Government has allowed Municipal powers to be removed without a clear notice, direction or policy; BE IT RESOLVED THAT the Municipality of Grey Highlands ask the Province of Ontario to reimburse the taxpayers of this Municipality for funds ($20,000) paid to the Courts for the legal challenges that were made to clarify what was unwritten in the Green Energy Act concerning the loss of Municipal rights over the control of road allowances; THAT this resolution and its preamble be forwarded to the office of the Premier for payment and be circulated to all Municipalities for their education and support. This should also be circulated to all MPP's and the Association of Municipalities of Ontario." Resolution #C- 259 -12 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from Municipality of Grey Highlands, with respect to the Green Energy Act and loss of control of road allowances, be received for information. "CARRIED" D - 14 Brock Carlton, Chief Executive Officer, Federation of Canadian Municipalities (FCM), forwarding a draft resolution for support of the development of a new long -term Federal plan for Municipal infrastructure funding: "WHEREAS the Building Canada Plan and a number of important federal - provincial transfer agreements vital to Canada's cities and communities will expire in March 2014; WHEREAS Federal Investments over the last few years have helped to slow the decline of our cities and communities, and the Government of Canada has committed to develop a new long -term plan for municipal infrastructure funding in consultation with municipal and provincial /territorial governments; Council Meeting Minutes -15- September 17, 2012 WHEREAS a seamless transition from the Building Canada Plan to a new long term plan is necessary to ensure that municipalities can continue planning their capital spending effectively; WHEREAS the Federation of Canadian Municipalities (FCM) has launched a campaign to ensure the new plan reflects municipal priorities across the country and asks its member municipalities to pass a Council resolution supporting the campaign; AND WHEREAS our community has continuing infrastructure needs, such as roads, bridges and related works, that can only be met with through the kind of long -term planning and investment made possible by a national plan; THEREFORE BE IT RESOLVED THAT Council endorses the FCM campaign and urges the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long -term infrastructure plan meets the core infrastructure needs of cities and communities; BE IT FURTHER RESOLVED THAT Council urges the Minister of Transport, Infrastructure and Communities to ensure that the new long- term plan is fully in place when existing programs expire in 2014; and BE IT FURTHER RESOLVED THAT a copy of this resolution shall be sent to the Minister of Transport, Infrastructure and Communities, the Minister of Municipal Affairs and Housing, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario." Resolution #C- 260 -12 Moved by Councillor Traill, seconded by Councillor Hooper THAT the resolution from the Federation of Canadian Municipalities (FCM), with respect to development of a new long -term Federal plan for Municipal infrastructure funding, be endorsed; and THAT a copy be forwarded to John O'Toole, MPP, Durham. "CARRIED" D - 15 Donna Wilson, Clerk, Town of Tillsonburg, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on June 25, 2012, Tillsonburg Town Council adopted the following resolution pertaining to Business Tax Capping Reform: Council Meeting Minutes - 16 - September 17, 2012 "WHEREAS the Province of Ontario first introduced mandatory `business tax capping' for the commercial, industrial and multi - residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years; AND WHEREAS this `temporary' and 'transitional' measure was succeeded by a permanent business tax capping program for the 2001 and subsequent taxation years; AND WHEREAS the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied; AND WHEREAS the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year; AND WHEREAS it has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates; AND WHEREAS this program must now be seen as a redundant measure in light of the Province's successful four -year assessment phase -in program, which more effectively and equitably addresses assessment increases for all properties; AND WHEREAS this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a significant burden on the financial and administrative resources of both the County and local municipalities; THEREFORE BE IT RESOLVED THAT the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and THAT the Town of Tillsonburg calls on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four - year assessment cycle; and Council Meeting Minutes -17- September 17, 2012 THAT the discussion paper `Allowing Municipalities to Opt Out of Business Tax Capping' prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directly to this subject matter, and which addresses many of this Council's concerns, interests and preferences, shall be attached to, and shall form a part of this motion; and THAT copies of this motion, along with the above mentioned attachment, are to be sent to: Premier Dalton McGuinty; The Honourable Dwight Duncan, Minister of Finance, The Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing, Ernie Hardeman, MPP Oxford, Gary McNamara, President, Association of Municipalities of Ontario (AMO), Allan Doheny, Assistant Deputy Minister — Provincial Local Finance Division (Acting); Janet Mason, Assistant Deputy Minister — Local Government and Planning Policy Division, Minister of Municipal Affairs and Housing, the County of Oxford, Western and Eastern Warden groups, and all Municipalities in the Province of Ontario." Resolution #C- 261 -12 Moved by Councillor Novak, seconded by Councillor Woo THAT the resolution from Town of Tillsonburg, with respect to Business Tax Capping Reform, be endorsed. "CARRIED" D - 16 David Urso, President/Owner, Canadian Tire Associate Store #170, forwarding a petition in opposition to changes currently being contemplated to the Retail Holidays Act, for the City of Toronto; indicating that changes to hours of operation will not increase revenues, will increase costs and decrease profits; advising that retail employees also need time to relax and enjoy family time, that the Municipality of Clarington is not a border town and does not need to adopt U.S. hours in order to compete; and, requesting that Council consider these views before acting on an initiative that will negatively impact the lives of thousands of residents. Resolution #C- 262 -12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D - 16 from David Urso, with respect to changes to the Retail Holidays Act, be referred to the Bowmanville Business Improvement Area, the Newcastle Business Improvement Area, the Orono Business Improvement Area and the Clarington Board of Trade for comment. "CARRIED" Council Meeting Minutes -18- September 17, 2012 Report #1 - General Purpose and Administration Committee Report June 25, 2012. Resolution #C- 263 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 10, 2012 be approved, with the exception of Items #1(d), #7, and #15. "CARRIED" Item #1 d Resolution #C- 264 -12 Moved by Councillor Novak, seconded by Councillor Woo THAT Item 1(d) — COD - 018 -12 Contract Awards During Council Recess be referred to the consideration of Staff Report #1. Item #7 Resolution #C- 265 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD- 041 -12 be received; THAT provided the application fee is received as adopted in Report PSD- 040 -12 that Council endorse the resolution contained in Attachment 5 of Report PSD- 041 -12 supporting the FIT application by Solart Group on behalf of Chris Cooper, 5659 Gilmore Road as follows: WHEREAS Solart Group (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing farm buildings on the lands at 5659 Gilmore Road (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; Council Meeting Minutes - 19 - September 17, 2012 AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. THAT the application submitted by Hay Solar Holdings for 8969 Liberty Street not be supported; and THAT all interested parties listed in Report PSD- 041 -12 be advised of Council's decision. -- - Resolution #C- 266 -12 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS HybridynePower Generation Site K Inc. (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing buildings associated with the golf course and the conference centre building for the Newcastle Golf Course, to be constructed to accommodate solar panels on the lands at 2429 Golf Course Road (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands; and Council Meeting Minutes -20- September 17, 2012 THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. "CARRIED" Item #15 Resolution #C- 267 -12 Moved by Councillor Traill, seconded by Councillor Neal THAT the Municipal Solicitor be directed to prepare a report, for the General Purpose and Administration Committee meeting of October 15, 2012, regarding whether any third parties can be held liable for the cost of the clean -up of the property for the proposed new Fire Hall in Newcastle. "CARRIED" STAFF REPORT Addendum #1 to Report COD - 018 -12 —Contract Awarded During Council Recess Resolution #C- 268 -12 Moved by Councillor Woo, seconded by Councillor Traill THAT Addendum #1 to Report COD - 018 -12 be received; and THAT Report COD - 018 -12 be received for information. "CARRIED" UNFINISHED BUSINESS Resolution #C- 269 -12 Moved by Councillor Neal, seconded by Councillor Novak THAT the presentation by Inspector Rolf Kluem, Durham Regional Police Service (DRPS) be received with thanks. Council Meeting Minutes -21- September 17, 2012 By -law 2012 -072 was received as a Hand -out. Resolution #C- 270 -12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -laws 2012 -069 to 2012 -072; 2012 -069 Being a by -law to authorize the borrowing of $15,000,000 to meet, until the taxes' are collected, the current expenditures of the Municipality for the year 2012 and 2013 2012 -070 Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (1494339 Ontario Ltd. and Maria J. Williams) 2012 -071 Being a By -law to amend Schedule A of the Fee By -law 2010 -142; 2012 -072 Being a By -law to exempt a certain portion of Registered Plan 40M -2457 from Part Lot Control (Halloway Developments Limited); and THAT the said by -laws be approved. •_ U PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Mayor Foster advised that Tom Mulcair, Leader of the New Democratic Party, Official Opposition was recently in Clarington and met with the Clarington Board of Trade. Councillor Hooper advised that on Sunday, September 23, 2012, the Bowmanville Rotary Club will be hosting 56 Rotary Clubs from across the Province who will participate in a "Walk the Talk" event through the Historic Bowmanville Neighbourhood. Councillor Hooper expressed appreciation to the Engineering Services Department on behalf of area residents, walkers and cyclists for constructing the Green Road sidewalk. Council Meeting Minutes -22- September 17, 2012 • IVA Resolution #C- 271 -12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -law 2012 -073, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 17th day of September, 2012; and THAT the said by -law be approved. -- -� Resolution #C- 272 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 9:43 p.m. MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS October 1, 2012 a) Crystal Powell, Community Development Coordinator, Canadian Blood Services — "Partners for Life Program" (Correspondence Item D -3) SUMMARY OF CORRESPONDENCE OCTOBER 1, 2012 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of St. Marys Cement Community Relations Committee dated June 12, 2012 (Copy attached) 1 - 2 Minutes of the Clarington Heritage Committee dated September 18, 2012 (Copy attached) 1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 11, 2012 (Copy attached) 1 - 4 Minutes of the Orono Arena Community Centre Board dated September 19, 2012 (Copy attached) 1 - 5 Minutes of the Clarington Accessibility Advisory Committee dated September 5, 2012 (Copy attached) 1 - 6 Jim Richards advising that on September 10, 2012, the State of New York announced that all first responders and fire - fighters who attended the 9/11 inferno will be granted full compensation for all health matters connected with that disaster including 58 types of cancers caused by burning items at very high temperatures; indicating that when various items are heated the chemical composition changes and they can produce carcinogens; stating when altered chemicals mix with other altered chemicals undergoing the same process additional carcinogens are produced; advising that first responders to the 9/11 disaster have seen a major upswing in related cancers and other health matters since that day; and, questioning whether the Municipality or the Region is prepared to offer full compensation and medical costs to Clarington residents in the future due to illness related to the incinerator. 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Milloy, Minister- of Community and Social Services, advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to the Final Proposed Integrated Accessibility Standards within the Accessibility for Ontarians with Disabilities Act, 2005: "a THAT the Region of Durham forward Report #2012 -A -30 of the Chief Administrative Officer to Ministry of Community and Social Services as Durham's response within the feedback process; Summary of Correspondence -2 - October 1, 2012 b) THAT the Accessibility Directorate clarify language concerning the Accessible Pedestrian Signals; c) THAT the Province of Ontario be urged to provide funding to assist municipalities in implementing the Integrated Accessibility Standards; and d) THAT Report #2012 -A -30 of the Chief Administrative Officer be forwarded to the eight area municipalities." 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to the Proposed Federal Electoral Districts Readjustments: "a) THAT a task force comprising of the Regional Chair and interested area municipal mayors be established to review the proposed federal electoral district readjustments; b) THAT Regional Council authorize the task force to develop a submission and make a presentation at the Federal Electoral Boundaries Commission for the Province of Ontario; and c) THAT Report #2012 -A -34 of the Chief Administrative Officer be forwarded to the eight area municipalities." 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to Durham Trail Co- Ordinating Committee (DTCC) — Regional Trail Network Update: "a) THAT the 2012 Durham Regional Trail Network, as illustrated in Attachment 1 to Report #2012 -P -52 of the Commissioner of Planning and Economic Development, be received for information; b) THAT the area municipalities and conservation authorities be requested to continue to implement the Durham Regional Trail Network through their trail planning initiatives; and c) THAT a copy of Report #2012 -P -52 of the Commissioner of Planning and Economic Development be forwarded to the area municipalities, conservation authorities and other primary trail providers." Summary of Correspondence -3 - October 1, 2012 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a) THAT Report #2012 -P -55 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2012 -P -55 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable James Bradley, Minister of the Environment advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to the Great Lakes Protection Act and the Ontario Draft Great Lakes Protection Strategy: "a) THAT the Regional staff comments- on the Great Lakes Protection Act and draft Ontario Great Lakes Strategy submitted to the Ministry of Environment (MOE) on August 3, 2012 in response to the EBR posting of the two documents be endorsed; and b) THAT a copy of this resolution be forwarded to the Ministry of the Environment, Durham Area MPPs, the Association of Municipalities of Ontario, the Region's conservation authorities and the eight area municipalities for information." 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable James Bradley, Minister of the Environment advising that on September 19, 2012, Regional Council adopted the following resolution pertaining to the Proposed Source Protection Plans for Trent Conservation Coalition (TCC) Source Protection Region: "THAT Joint Report No. 2012 -J -27 be forwarded to the Minister of the Environment, Durham Area MPPs, the Municipality of Clarington, the Township of Brock and the Township of Scugog for their information." Summary of Correspondence -4 - October 1, 2012 CORRESPONDENCE FOR DIRECTION D - 1 Karen Bastas, Event Coordinator, Vice - President, Newcastle BIA, requesting approval to conduct a fireworks display for the 8t" Annual Santa Parade on Sunday, November 18, 2012, at 5:30 p.m. and indicating Portfire Technics, with the assistance of Bruce Gilbert, will set off the fireworks on Highway #2 at the Lions Trail. (Motion to approve fireworks display provided the organizers apply for and obtain a fireworks permit from the Municipal Law Enforcement Division) D - 2 Garth Gilpin, Secretary- Treasurer, Historic Downtown Bowmanville Business Centre, requesting the following street closings for Christmas Moonlight Magic on Friday, December 7, 2012, from *5:30 p.m. to 11:30 p.m.: King Street from Scugog Street to George Street, Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking Lot entrance to the Royal Bank parking lot; and, the 20 King Street East Parking lot. *Temperance Street from Church Street to King Street to be closed at 4:30 p.m. (Motion to approve road closures provided organizers apply for -and obtain a road occupancy permit from the Engineering Services Department) D - 3 Crystal Powell, Community Development Coordinator, Canadian Blood Services, requesting the Municipality's support of their "Partners for Life Program" by helping to educate and engage staff in the importance of donating blood, setting an annual blood donation goal, and working with Canadian Blood Services to encourage employees and their families to donate blood. (Motion for Direction) I -1 St. Marys Cement Community Relations Committee Meeting Minutes Tuesday June 12th, 2012 6:00 p.m. — St. Marys Cement Plant, Bowmanville Attendees: Glenda Gies, Port Darlington Community Association Dave Veenstra, Port Darlington Community Association Rick Rossi, Port Darlington Community Association Leslie Dunn, Wilmot Creek Homeowners Association Ruben Plaza, Environmental Manager, St. Marys Cement Michael Smith, Quarry Manager, St. Marys Cement Wilson Little, St. Marys Cement Cindy Strike, Municipality of Clarington Willie Woo, Member of Municipality of Clarington Council Kim Lendvay MOE 1. Adoption of Agenda Moved by Willie Woo, seconded by Michael Smith. CARRIED 2. Adoption of Notes of April 4, 2012 Meeting There were no errors or omissions identified in the meeting notes. Moved by Ruben Plaza, seconded by Leslie Dunn. 3. Follow -up with resident on odour Michael and Ruben spoke with area resident from 300's of Cove Road, regarding odour following blasts. The smell was described as burnt rubber, sulphur, diesel fuel and gun powder. Micheal did smelled some gun powder. Blasting is not an odourless event, however it is not something that would cause a health concern. St. Marys did offer to put an air monitor within the home. However, this has not been done yet. St. Marys could provide the MSDS sheets. There is no risk unless an individual is at the blast site, where fly rock from the blast could be a hazard. That is why the quarry is cleared prior to a blast. Swamp gas from decomposing organic material could be a factor but it is difficult to determine the source through monitoring. St. Marys will continue to investigate. 4. Review of Annual Report to Council Please review draft annual report, and provide your comments to Glenda as soon as possible. The co- chairs were scheduled to report to Council on June 18th, 2012. St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 5. St. Marys Operations Report a) Monitoring stations Information presented by St. Marys is based on the following monitoring stations: Page 2 Sample Station _ Location Monitor A OPG (South of Service Rd) BamPM 10, Dust Fall B Hutton Transport Hi ball PM 10, Dust Fall C Cedar Crest & Watson Dr. HI ball PM 10, Dust Fall D Cedar Crest (east of location C) Dust Fall E Cove Road (north end of 300s BamPM 10, Dust Fall b) PM 10 monitoring results Sampling station B (Hutton Transport) will be relocated in approximately 6 weeks to a location midpoint between Waverley Road and West Beach Road along the diversion channel. St. Marys is in discussions with their consultant to locate an alternate location for sampling station A (OPG) but discussions with MOE have not yet occurred. No PM 10 exceedences occurred in the first quarter of 2012 Station B two exceedances ( Hutton Transport) in March 2012, April 9, 2012. The wind was coming from the operation. This station will be moved east. The site has been approved by MOE, however the power source still needs to be provided. 2 St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 c) Dustfall monitoring results Page 3 No exceedences occurred in the first quarter of 2012. Exceedence occurred in April at Station C. The sample did have organic matter within the jar. The amount of organic matter is- under review by consultants. Leaves or insects maybe present therefore it may be determined that it does not originate from St. Marys. Dust suppression is used on the Hutton Transport site.'The dust may be from the Fifth Wheel Truck Stop. 3 St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 Page 4 - 0 A OPG --M B Hutton Trnspt. C Cedar Crest =- D MOE Cedar C, )- E MOE Cove Rd —a-- Limit The continuous BAM PM -10 sampler on Cove Road has measured only one excedeence in February. All the others measurements were within limits. S St. Marys Cement Community Relations Committee Page 5 Meeting Minutes June 12th , 2012 d) Stack emissions St. Marys operations released 1082 tonnes of SO2 between January 1 and May 31, 2012 compared to the annual allowance of 2,808 tonnes. St. Marys Cement Community Relations Committee Meeting Minutes . June 12th , 2012 Page 6 0 St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 Page 7 St. Marys operations released 1017 tonnes of NOx between January 1, 2012 and May 31, 2012 compared to the annual allowance of 2,553 tonnes. 7 St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 Page 8 St. Marys Cement Community Relations Committee Meeting Minutes June 12th , 2012 Page 9 Based on anticipated production, emissions will likely be over allowances, and therefore St. Marys will have to use allowances from previous years or access allowances on the market. e) Quarry Operations Quarry is in full production with blasting one to two times per week on levels 3 4 and 5. Ground Vibration (mm /s) 2012 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 Date i Community Ctr. —a— Cedar Crest Aggregate Shop Limit (mm /s) 0 St. Marys Cement Community Relations Committee 10 Meeting Minutes June 12th , 2012 140 120 100 80 60 40 20 0 Air Vibration (dbl) 2011/12 5- 5- 17- 26- 7- 9- 8- 15- 22- 26- 29- 5- 5- 10- 12- 12- 19- 26- 1- 3- 10- 17- Jan Jan Jan Jan Feb Feb Mar Mar Mar Mar Mar' Apr Apr Apr Apr Apr Apr Apr May May May May Date --*--Community Ctr. —a— Cedar Crest Aggregate Shop - ;e— -Limit (dBL) Page There.was only one air vibration exceedence in April 2012. Excedeence in April 2012 was 129 dbl (limit is 128 dbl). This blast did not generate a complaint. There was not an excedeence in 2011. The company does use electronic initiators to activate the blast. It provides more control over the blast especially as they move closer to the residential areas. 0 Dock Operations • Dock activities continue under existing operating procedures. Continue with the practice of • Applying dust suppressant on open face of fuel piles • Petcoke piles are covered with tarps • Maximum height of petcoke stockpiles is 10 m • Unloading vessels should be stopped with wind velocities over 40km /hr and from direction of concern St. Marys will provide the number of ships docking in one year to the next meeting. Bringing fuel, sand, gypsum and salt and coal for GM. The export items are klinker and cement to Detroit. There are no dolphins on the expanded dock to accommodate additional ships. There would have to be a new business to warrant its use. There was some activity on the dock to repair the armour stone damaged by high winds during the winter. The armour stone is reclaimed from lake. 6. Community Concerns • 1 complaint since the last CRC meeting • Total of 7 complaints in 2012: 3 in January, 3 in February, 1 in April. • 2 complaints regarding overnight processing noise 10 St. Marys Cement Community Relations Committee Page 11 Meeting Minutes June 12th , 2012 • 2 blast complaints concern - one resident had concerns with vibration in basement. • 2 complaints regarding the plume (received by MOE) . • 1 blast complaint regarding dust and smell. Rick Rossi complained about stripping of overburden activity. Mike advised that the current stockpiling in the east side of Phase III of extraction was not its final resting place. However, it would likely remain there for 10 years. It will be moved to the plant by equipment and trucks. The stripping operation will continue until September. Mike will attend Rick's house to determine the noise. 7. Community Outreach 11 Community Complaints Log 35 ❑ Blastin 30 ® Dust ❑ Plume 25 w ❑ Total 20 ca c. 0 V 15 10 UH 5 0 2009 2010 2011 Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec - 12 12 12 12 12 12 12 12 12 12 12 12 7. Community Outreach 11 St. Marys Cement Community Relations Committee Page 12 Meeting Minutes June 12th , 2012 a) Newsletter St. Marys is planning a community newsletter for distribution in July 2012 with topics including the planned quarry schedule, environmental performance and plant accomplishments b) Open House St. Marys is planning an Open House August 11, 2012. St. Marys will be celebrating 100 years. C) SMC celebrated Energy Week June 4 to 8th d) SMC, Bowmanville Plant is the first company in North America to be certified in ISO 50001 (Energy Management System), 8. Other Business a) No new information was provided on the Alternative Fuel Demonstration Project. b) Wilson Little provided a power point presentation on proposed CBM Mine. Presentation is attached to these minutes. NOTE: Presentation available in the Municipal Clerk's Department 9. Next Meeting Tuesday September 18, 2012 6 :00 pm St. Marys Main Office 12 W CLARINGTON HERITAGE COMMITTEE Minutes of Meeting September 18th, 2012 MEMBERS PRESENT: Karin Murphy Angela Tibbles Councillor Hooper Tracey Ali REGRETS: Ruth Goff (Ex- officio), David Bonnie Seto Allan Kirby Reesor, Karim Isert, Andrew Kozak BUSINESS ARISING Candidates for designation: 156 Church Street — Faye is waiting for the Region to respond to the draft by -law so that agreement on all the architectural features to be listed can be addressed. 5290 Main Street — Karina is following up. Knox family. 6325 Enfield Road Research was done for Doors Open and photos taken. Ruth and Angela have checked information and been to land titles. A list of features to be designated will have to be prepared. Faye will inquire with owner to determine whether she has a list of features in mind or whether a visitation with the committee will be taking place where the committee will suggest or build upon architectural features to be designated. Plaques — Faye to follow up and have a prototype made REPORTS FROM OTHER COMMITTEES Bowmanville CIP, No formal report. Faye indicated that there are I no more funds available remaining for this year. Significant improvements had recently: been made to the following building facades — the former Leisure Lady (now Dollar Store), the Village Inn, and James Insurance. CIP Committee will meet next month (October 17). Orono CIP, No update. CIP Committee will meet next month (October 3). Newcastle CIP, No update. No funds remaining for this.year. CIP Committee will meet next month (October 25). ACO — Clarington Branch', - Tracey and Kim provided an overview of the plans for Doors Open 2013 which will include 15 properties in Haydon, Enniskillen, and Tyrone — mostly all private residences but they are hoping to include the McLaughlin Shed. NVDHS — Allan reported that the NVDHS room will be available for Heritage Week. Prior to the meeting Allan had provided an overview of the collection that can be accessed in the room and on the virtual museum site. Museum — Bonnie circulated the advertisement for the Museum's harvest feast to take place September.22nd at the Tooley Mill site in Courtice from 5:30 - 10:00 pm with the Russ Gordon Band providing live entertainment. So far they have already sold 150 tickets out of their ambitious goal of 200. They are still in the process of working out numbers with their caterer. r� FINANCIAL REPORT Opening balance $4,431.54 April 25 Interest (4 cents /month) 0.12 July 31 Close $4,431.66 August 24 12.22 Moved by Allan Kirby, seconded by Ron Hooper THAT the financial report be received. "CARRIED" CORRESPONDENCE AND COUNCIL REFERRAL Ontario Heritage Trust Nominations Council endorsed recommendations on September 17t ".:Report circulated by e -mail. Design of Public Spaces in the Built Environment (Accessibility Standards) Kristy provided a summary of the, standards to the committee (see attachment Discussion ensued. The .committee was,, ple Ontario Heritage Act for Exterior Paths of Routes. Based on the information. they recei, would have minimal impacts on heritage I 1). :d that exceptions were included for the avel and for Trails and Beach Access the committee felt that these standards dings but would like to see the same provisions for exceptions when the accessibility standards for buildings comes out. David and Karin are .finished the general inventory; however there appear to be some properties that are missing photographs based on the municipality's records. Karin and David will be working on photographing the missing properties. NEW BUSINESS Heritage Week Sub - committee — Angela provided a report from the sub - committee (see attachment 2). The banner will be hung over the road on the west. side of the bridge as you are entering downtown Bowmanville. Veridian's logo will be on the banner since they install the banner at no fee. Heritage Tax Relief and Incentives — Faye updated the group on Kevin's work in preparing a report for Council prior to his departure from the Municipality. The report is being held until closer to budget time. 407, update on CHER's — Oshawa's heritage planner, Margaret Kish and Chair of the 407 salvage committee will be attending the next meeting to share their experiences with the 407 expansion. Kristy will also be attending the Ontario Heritage Planners Network meeting on October 18th, where there will be speakers from the Ministry of Transportation on the 407 expansion, and will report back to the committee at the November meeting. Camp 30 — An application for National Designation to the Historic Sites and Monuments Board has been submitted with support of Municipality and owner:. The Board reviewed the application at their July meeting and have requested additional information which Martha Rutherford Conrad and Faye are assisting with. Rotary Walkinq Tour — September '23rd — Faye passed around the walking tour pamphlet, prepared by the Rotary Club (Lyle Goodin), to -the committee. She mentioned that Karin and David have volunteered. for the event and that they are still looking for more volunteers. Volunteers will be finished by noon and will receive lunch. She offered to pass along information to anyone interested in volunteering. The walking tour will be posted to the website after the Rotary walk. 16 Church Lane, Newtonville — `The owner has ' inquired regarding a demolition permit for an accessory building (driving shed) on the property. This accessory building is not included as part of the heritage features listed in the designation (see attachment 3). According to the owner, the.,: structure is in a bad state of repair and he would like to replace it with a_ modern structure that suits both the neighbourhood and the church (converted to residence). Faye explained that typically the Municipality has allowed demolition permits for.accessory buildings on designated properties such as barns on rural properties. She`further,noted that another benefit for allowing the demolition of this -structure would be the setback of the new building from the rear property line which abuts a cemetery (see attachments 4 & 5). Currently, the accessory building is sitting on the property line. The committee had no objections to the issuing of a demolition permit for the accessory building but expressed some concern around the replacement structure in that whatever goes up be in keeping with the heritage structure. Faye commented that the building officials are aware that the property is designated and will consider applications for the L building permit accordingly. The committee will be notified of the plans for the new structure once they are approved, however, given the regulations around the timing for building officials to issue permits, the committee will not likely have a chance to comment on the new structure prior to its approval. If we receive elevations we will circulate by e-mail. Future Agendas: November meeting will have representatives from MTO in attendance to update on 407 CHER's. December meeting will be moved to December 11 t" (second Tuesday) and held at Jennifer Knox's home to carry out the listing of architectural features. Allan Kirby moved the meeting be adjourned. Next meeting: October 16t" at 7.00 pm., at Clarington Municipal Offices, Room 1 C Lane, Newtonville of-1.6-Church Lane, Newtonville 5 Attachment 1 Summary of Part IVA Design of Public Spaces Standards (Accessibility Standards for the Built Environment) of the Accessibility for Ontarians with Disabilities Act (AODA), 2005 Deadline for comments to the Environmental Bill of Rights Registry is October 1, 2012, The municipality is asking that all comments from the Heritage Committee be received by September 25th, 2012 in order to be included with the municipality's comments. Proposed amendments under this section prescribe requirements in the following areas: 1. Recreational trails and beach access routes (maintained trails only) ** Surfaces, width, overhead clearance, guards, slopes, signage 2. Outdoor public use eating areas Minimum number of accessible tables (20% or 1 table whichever is greater), surface, table clearance 3. Outdoor play spaces Incorporation of accessible design features for children and caregivers, consultation requirements (public, municipal accessibility committees) 4. Exterior path of travel (e.g., sidewalks, walkways, ramps, stairs) ** • Surfaces, width, overhead clearance, guards, slopes, handrails, guards, rest areas • High colour contrast markings, tactile walking surfaces, and audible and vibro- tactile walk indicators to indicate potentially hazardous areas such as stairs and traffic crossings. 5. Accessible Parking Spaces • Off- street parking — exceptions, required number of Type A (van accessible) and Type B (regular accessible) spaces, access aisles • On- street parking - consultation requirements (public, municipal accessibility committees) 6. Obtaining Services - service counters, queuing guides, waiting areas • Service counters - Minimum number of accessible service counters (one), signage, counter height, leg clearance • Queuing .lines — width, cane detectable, sufficient floor area for turns • Waiting area — accessible seating requirement (3% or 1 space whichever is greater) 7. Maintenance Multi -year accessibility plans, emergency and preventative maintenance procedures for required accessible elements including provisions for when accessible elements are temporarily out of order Application and Exceptions These requirements are applicable to new or redeveloped public spaces on and after the dates set out below (section 80.4 of the AODA, 2005): • Government of Ontario and the Legislative Assembly, January 1, 2015. • Designated public sector organizations, January 1, 2016. • Large organizations (> 50 employees), January 1, 2017. • Small organizations (1 -50 employees), January 1, 2018. At this time, many of these requirements do not apply to small organizations (1 -50 employees). Additionally, they only apply to new or re- development projects. Exceptions to the requirements for most sections are permitted where obligated organizations, other than small organizations, can demonstrate one or more of the following: The requirements or some of them would erode, the heritage attributes, as defined under the Ontario Heritage Act, of a property, i. listed in a municipal register as being of cultural heritage under section 27 of that Act, ii. designated by a municipality as being a property of cultural heritage value or interest under section 29 of that Act, iii. included in a heritage conservation district designated by a municipality under section 41 of that Act, iv. designated by the Minister of Culture under section 34.5 of that Act as a property of cultural heritage value or interest of provincial significance, or V. designated as having national historic significance by the Minister of the Environment for Canada on the advice of the Historic Sites and Monuments Board of Canada. 2. The requirements or some of them would affect natural habitats for extirpated, endangered or threatened species as classified under the Endangered Species Act, 2007. 3. It is not practicable to comply with the requirements or some of them because existing physical or site constraints prohibit modification or addition of elements, spaces or features ** Note: Requirements for recreational trails and beach access routes, and exterior paths of travel contain the above exceptions related to the OHA. Attachment 2 Heritage Week 2013 Working Group Report The group met twice during the summer — July 19 and August 23. At present there are representatives for ACO, the Abandoned Cemeteries Committee, Clarington Museum, Clarington Heritage Committee, the Municipality, NVDHS, the Orono Arena Board and the Visual Arts Centre. Heritage Week will be proclaimed by Council at the nearest meeting preceding it. A banner will be hung in Bowmanville, but not in Orono or Newcastle due to siting restrictions. Flyers, posters and postcards will be produced by the Clerks Department, and the week will be promoted on the Town's social media and Heritage website. The Rotary Club's Historical Walking Tour will be uploaded to the Towns Heritage website as a self - guided tour. The Bowmanville BIA has had the downtown murals refurbished, and these will be highlighted in promotional materials. The concept of having merchants create Historical windows will be pursued. Councillor Hooper has offered to contact all the various radio stations that have community event listings, also organizations that have calendars of events such as SNAP, Clarington This Week and the COAA . The start of Heritage Week will be tied in with the Library's Winter WonderLearn event, scheduled for Saturday February 16th. The Museum and Library have been working on digitizing old newspapers, so that searches can be carried out on -line. This service will be announced and officially kicked -off during Heritage Week. It seems likely that a Heritage Passport will be issued, with various venues available for visits. Passports stamped at all venues will be eligible for a prize draw, which will be held at an official wrap -up event. The group is working on locations for the passport, at present we know that Tyrone Mill has agreed to participate, and there have been suggestions regarding interesting grave sites that can be accessed in winter. Other suggestions include the Visual Arts Centre and Central Public School (exterior only). A further suggestion was to approach Stapleton and McGregor Auctions regarding the possibility of good antique auctions during that week. The next meeting is scheduled for Thursday October 25th Attachment 3 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 90 -187 being a by -law to designate the property municipally known as "16 Church Street East,.Newtonville ", located in Part of Lot 8, Concession 2, former Township of Clarke, now in the Town of Newcastle,'Regional Municipality of Durham, as a property of architectural and historical value and interest which property is more particularly described in Schedule A attached. WHEREAS the.Ontario Heritage Act, 1974 authorizes the Council of a municipality to enact by -laws to designate real property including all the buildings and structures thereon to be of architectural and historical interest; and WHEREAS'-the Council of the Corporation of the Town of Newcastle .has caused to be served upon the owner of the lands and premises known as 1116 Church Street East, Newtonville", located in Part of ,Lot 8, Concession 2, former Township of Clarke, now in the Town of Newcastle and,upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such notice of intention to be published in the Orono Times, a newspaper having•a general circulation in the area of the designation, once each week for three consecutive weeks, namely September 26 -1 October 3 and October 10, 1990; and WHEREAS "16 Church Street East, Newtonville", in Part of Lot 8, Concession 2, former Township of Clarke, now in the Town of Newcastle, Regional; Municipality of'Durham has a very significant architectural value of interest to the Town of Newcastle and its people in that in Agnes Burley's account of the eastern section of Clarke Township, 16 Church Street East, Newtonville, (formerly the Presbyterian Church) dates from 1864. It was constructed to replace a small frame church, believed to have been situated a little farther to the east. A burying ground is behind the church, where many of the first families connected with the church are'buried. The church was closed and sold to Mr..Hugh Stapleton in 1956. It remained empty for a number of years, but was later converted to a single, family dwelling. It is a good example of.the, vernacular, Gothic Revival style of church building and, in particular, the following.features' are being specifically designated: the original deep; cut granite foundation and the brick work, in the running bond pattern; the original eaves returns and cornice mouldings; the original steeple,.with handsome brackets at the base, and the original interlacing glazing-in the upper parts of the window; and WHEREAS the Local Architectural Conservation Advisory Committee of the-Town of Newcastle has recommended that the property 16 Church Street East, Newtonville, Part of Lot 8, Concession 2, former Township of Clarke, now in the Town of Newcastle, Regional Municipality of Durham, be designated under- the terms of the Ontario Heritage Act; and WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the.Munzcipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE;TOWN OF 'NEWCASTLE HEREBY ENACTS-AS FOLLOWS: 1. There is designated as being of Architectural and Historical value of interest, the real property known municipally-as 16 Church Street East, Newtonville, Part of Lot $, Concession 2,, former Township of Clarke, now in the Town of Newcastle, Regional Municipality of Durham.. 2. The Municipal Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property* described in the preceeding paragraph. 3.. The Town Clerk is hereby authorized to cause a copy•of this by -law to be served upon the owners of the aforesaid property and on the Ontario Heritage Foundation, and to cause notice of the passing'of this by -law to be published in the Orono Times, a newspaper having general circulation in the area of the designation, once each week for three consecutive weeks. By -law read-a first and second time this 12th day of November 1990. By- law.read-a third time and finally passed this 12th day of November 1990. Jz� Mayor SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate lying and being in the Town of Newcastle, Regional Municipality of Durham and being composed of Part of Lot 8, Concession 2, former Township of Clarke, now in the Town of Newcastle,• Regional Municipality of Durham, Province of Ontario, said parcel or tract shown on the plan attached unto Instrument'No. 6997. 311 cf) 0 I 0\ 0 v 0 o 41 ®0 M. $40 -0 0 0 \ $0 o 0 co - a@. on R 0 \ }� zt 0 0 0 RO $40 -0 0 0 \ $0 o 0 co - a@. on R 0 \ }� zt L 4- c (D E U co L CO VJ c- U L U co 1 -3 Draft minutes — Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY SEPTEMBER 11, 2012 7:OOPM Present: (Voting) Karin Murphy Jim Cleland Michael Goleski Brian Reid (Chair) Staff Present: Peter Windolf Regrets: Councillor Corinna Traill Absent: Warren May — MNR Tim Lizotte 1. Agenda Acceptance of Agenda Suzanne Land Geoff James Bonnie Seto Melanie McArthur Pat Mulcahy Greg Wells — GRCA Karin Murphy requested that Bird House Removal be added to the agenda MOVED: by Karin Murphy, SECONDED by Melanie McArthur THAT: the agenda for September 11, 2012 be accepted. CARRIED 2. Minutes of August 14, 2012 Approval of Minutes MOVED: by Geoff James, SECONDED by Michael Goleski THAT: the minutes of August 14, 2012 be approved. CARRIED SNINAMAC 4. Updates SWNA User /Traffic Survey drop box 2 Scpfer)ber 2012 Brian Reid and Michael Goleski have installed a survey drop box at each Kiosk. A thank you letter was sent to Ervin Carr at the Wilmot Woodworkers Club for his assistance. Each kiosk has 3 pockets. One pocket for the survey form, another for completed survey forms and a third pocket for re- usable laminated maps that would help people take a self guided tour of the SWNA. Brain Reid has picked up 3 survey forms so far. They were wet but still readable. Some of the laminated maps of the SWNA had been removed and not returned so additional copies will be put out. For the next printing of maps larger text across the top margin will be used "Please return to Kiosk ". Brian Reid created a scheduling sign -up form and asked the committee to consider dates that they would be available for the Traffic Survey. There was a discussion about outside groups helping with the survey, i.e. Air Cadets. It was agreed that help from outside groups would be welcome. Invasive Species removal Michael Goleski and his wife removed approximately 1300 Himalayan Balsam plants in the old growth forest to help prevent it from outcompeting native vegetation in the area. Michael estimates that they removed about 50% of the plants. Site Visit August 20th for trail erosion inspection The wood chip trail leading down to the barrier beach has been impacted by erosion. Some ,committee members met on site at 3:00 PM on Monday August 20 to assess the condition of the trail. It was decided that no action is required at this time. The trail only comes close to the edge of the bank at the beach. The bottom portion of the trail could be re- routed in the future to direct it away from the bank. Members also assessed the Lake Access Trail on the Toronto Street side as a potential trail improvement project for The Great Lakes Guardian Community Fund. It was agreed that replacing the existing woodchip trail with a limestone trail would reduce the need to regularly add woodchips to this route. An application to the Great Lakes Guardian Community Fund will be prepared requesting funding to improve the trail. Bird House Removal Jim Cleland has removed 5 birdhouses for the winter but there are approximately 40 more to remove. Jim and Karin will coordinate the removal on the Cobbledick side. Brian, Melanie and Suzanne will coordinate removal on the Toronto Street side. 5. Other Business Site visit to investigate possible future trail Some members would like to meet on site to investigate a possible future trail route along the east and north edge of the wetland. There is currently a well worn path that could be formalized with SWNA trail markers. Brian Reid will coordinate the date of the site meeting. Litter The Molok garbage cans are being well used, especially at the Toronto Street Parking lot because fishing season attracts a large number of visitors and trash. Operations will be advised that the Toronto Street parking lot Molok was full to the top. 6. Motion to Adjourn MOVED: by Suzanne Land SECONDED by Bonnie Seto THAT: the meeting be adjourned. Adjournment: Next Meeting: Notes prepared by P. Windolf CARRIED 8:15 P.M. Tuesday October 9, 7:00 PM 1 -4 y! �y 'Jf f MINUTES THE ORONO ARENA COMMUNITY CENTER BOARD September 19, 2012 PRESENT: Elaine Dillon Wendy Partner Jackie Moore Gord Lowery REGRETS: Willie Woo John Witheridge Laverne Boyd Gail McKenzie 1. CALL TO ORDER: by Chairperson at 7:06 pm 2. Agenda Presented by: John Witheridge Moved by: Wendy Partner Seconded by: Gail McKenzie that we accept the agenda as presented. Passed 3. Minutes from Previous Meeting Presented by: Jackie Moore Moved by: Jackie Moore Seconded by: Laverne Boyd that minutes be accepted as read. Passed 4. FINANCIAL REPORT (Orono Arena and Community Centre) Net Income May 31, 2012, year -to -date is $29,408.91. See full report attached. Presented by: Laverne Boyd Moved by: Laverne Boyd Seconded by: Gord Lowery that the May, 2012 Financial Report be accepted as read. Passed 5. CORRESPONDENCE: Nothing to discuss 6. Old Business Nothing to discuss 7. NEW BUSINESS: John Witheridge informed us that Heritage Week is February 23, 2013. He will inform the Orono Figure Skating Club about the Heritage week celebration. Elaine Dillon and Gail McKenzie will inform the Fair Board regarding the Heritage Week. 8. Next Meeting Date: 4t" Tuesday of the month at 7:00 pm. Sharp. 2013 dates are: • January 22, 2012 • April 23, 2012 • June 25, 2012 • October 22, 2012 9. Adjournment Motion to Adjourn by Lavern Boyd at 7:34 J. Witheridge John Witheridge Chairperson 11 �( A Moore Secretary 1 -5 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE September 5, 2012, 6:00 P.M. MEETING ROOM 1A Present: Shea -Lea Latchford, Vice Chair Sally Barrie Sylvia Jaspers -Fayer Tim Hick Councillor Partner Absent: Jennifer Forde Also Present: Patti Barrie, Municipal Clerk Shea -Lea Latchford, Vice Chair, chaired the meeting. 1. ELECTION OF CHAIR The Committee received, with regret, the resignation of Keith Brettell, Chair. The Vice Chair opened nominations for the position of Chair. Moved by Councillor Partner, seconded by Sally Barrie THAT Sylvia Jaspers -Fayer be nominated for the position of Chair. With no further nominations coming forward, the Vice Chair declared nominations closed. Sylvia Jaspers -Fayer accepted the nomination and was declared Chair of the Clarington Accessibility Advisory Committee for 2012. 2. ADOPTION OF MINUTES Moved by Sylvia Jaspers - Fayer, seconded by Sally Barrie THAT the minutes of the meeting of June 6, 2012 be approved. "CARRIED" 3. BUSINESS ARISING FROM MINUTES (a) Outreach Due to various circumstances, the sub - committee addressing public education has not had an opportunity to meet over the summer months. It was agreed that this project will be discussed at a future date. Clarington Accessibility - 2 - September 5, 2012 Advisory Committee (b) Shoppers' Drug Mart — Newcastle Moved by Councillor Partner, seconded by Sylvia Jaspers -Fayer THAT a further letter be forwarded to Shoppers' Drug Mart clarifying that the Committee's request is that a second entrance door be installed into the back of the Shoppers' Drug Mart building in Newcastle, not the relocation of the main entrance. 4. NEW BUSINESS (a) . Accessibility Advisory Committee Chairs Group Minutes The minutes of the Accessibility Advisory Committee Chairs Group were received for information. (b) Proposed Amendment to the Integrated Accessibility Standards Regulation under the Accessibility for Ontarians with Disabilities Act, 2005 — Design of Public Spaces The proposed amendment with respect to the design of public spaces has been circulated for public comment until October 1, 2012. The Committee was advised that the Heritage Committee will be reviewing the document at their upcoming meeting and municipal staff are currently reviewing the standards. Comments will be forthcoming. 5. REGIONAL UPDATE The Committee discussed a possible registration system for service animals that will be presented to the Province. The intent of the registration system is to provide for a uniform identification for all service animals across the Province. 6. OTHER BUSINESS r Councillor Partner requested the installation of a ramp to the front door of the Orono Library as well as the installation of an extra accessible parking space in Orono, in front of the Town Hall. These suggestions will be discussed with staff. Information regarding Metrolinx Public Accessibility meetings was distributed to the members. Clarington Accessibility - 3 - September 5, 2012 Advisory Committee 7. DATE OF NEXT MEETING The next meeting of the Committee is scheduled to be held on Wednesday, October 3, 2012 commencing at 6:00 p.m. in Committee Room 1A. 8. ADJOURNMENT The meeting adjourned at 6:57 p.m. Chair Secretary u REPORT #1 REPORT TO COUNCIL MEETING OF OCTOBER 1, 2012 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, SEPTEMBER 24, 2012 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD- 042 -12 Periodic Report on Planning Activities for 2nd Period May — August 2012 (b) EGD- 025 -12 Monthly Report on Building Permit Activity for August, 2012 (c) OPD- 009 -12 Hazardous Household Waste (HHW) & Electronic Waste (EW) (d) ESD- 013 -12 Monthly Activity Report — June 2012 (e) ESD- 014 -12 Monthly Activity Report — July 2012 (f) ESD- 015 -12 Monthly Activity Report — August 2012 (g) FN D-020-12 Financial Update as at June 30, 2012 (h) FND- 022 -12 Servicing of Non - Residential Development Opportunities (i) CAO- 004 -12 Federal Electoral Boundaries — Municipality's Key Messages and Principles in Response to Boundary Commission's Proposals 2. DELEGATION OF SHEILA HALL REGARDING THE CLARINGTON BOARD OF TRADE'S THIRD QUARTER REPORT TO COUNCIL THAT the delegation of Sheila Hall, regarding the Clarington Board of Trade's Third Quarter Report to Council, be received with thanks. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - October 1, 2012 3. CERTIFIED SOLAR APPLICATION UNDER THE FIT PROGRAM OF THE GREEN ENERGY ACT 2009 THAT Report PSD- 043 -12 be received; THAT Council approve the resolution contained in Attachment 3 of Report PSD- 043 -12 supporting FIT applications by Certified Solar on behalf of Bill Metcalf at 2185 Bloor Street and 2077 Bloor Street, Bowmanville, as follows: WHEREAS Certified Solar (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing farm buildings on the lands at 2077 Bloor Street and 2185 Bloor Street, Bowmanville (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. THAT Council approve the resolution contained in Attachment 4 of Report PSD- 043 -12 supporting FIT applications by Certified Solar on behalf of Terry Hollingsworth at 4240 Concession Road 4, Orono, as follows: WHEREAS Certified Solar (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing farm buildings on the lands at 4240 Concession Rd 4 , Orono (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; Report #1 - 3 - October 1, 2012 AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. THAT all interested parties listed in Report PSD- 043 -12 be advised of Council's decision. 4. MUNICIPALITY OF CLARINGTON COMMENTS ON THE 2012 REGIONAL CYCLING PLAN THAT Report EGD- 026 -12 be received; THAT a copy of Report EGD- 026 -12 be forwarded to the Region of Durham with a request that the Region implement the following comments in the final Regional Cycling Plan: i) The Municipality supports the Primary Cycling Network as depicted in the Region's plan with the following additions: • Durham Highway 2 from West Townline Road to Regional Road 57, • King Street East and West from Regional Road 57 to Mearns Avenue, • Durham Highway 2 from Mearns Avenue to Lambs Road, • King Avenue East and West from Rudell Road to Arthur Street, • Durham Highway 2 from Arthur Street to East Townline Road, • Regional Road 17 from Edward Street to Concession Road 3, • Future Arterial 'B' road between Trulls Road and Courtice Road north of the CPR, • Aspen Springs Drive from Green Road to Regional Road 57, and • Regional Road 57 from Nash Road to Longworth Avenue as requested by the Beech Street Spinners Cycling Club. Report #1 - 4 - October 1, 2012 ii) The Region should show the Waterfront Trail on all maps and include this trail (and all connections to it) as part of the Primary Cycling Network. iii) The Municipality concurs with the cycling facility types as depicted in the report. The Primary Cycling Network should include a multi -use path on one side of Durham Highway 2 between Courtice and Bowmanville where the speed limit is 80 KPH. iv) The construction of the Primary Cycling Network should not be tied entirely to the timing of future road construction /reconstruction projects. v) The Region should clarify the phasing of the construction of the Primary Cycling Network in Clarington, and the Region should provide a five year forecast of construction in order for Clarington to coordinate the construction of secondary routes to ensure connectivity. vi) The Region should commit to dedicating a fixed sum each year in the Region's budget to ensure continuous, reliable and sustainable funding for the construction of the Primary Cycling Network. vii) The Region should be responsible for 100% of the cost of constructing all cycling facilities on the Primary Cycling Network. Subsequently, Clarington will be responsible for maintaining the facilities on local roads; and THAT all interested parties listed in Report EGD- 026 -12 be advised of Council's decision. 5. SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM THAT Report OPD- 008 -12 be received; and THAT the fee for resident participation in the Senior Citizens And The Physically Disabled Sidewalk And Driveway Windrow Snow Clearing Program remain at $60 + HST per registered address. 6. RFP2012 -6 SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS THAT Report COD - 019 -12 be received; THAT B.J. Flint and Sons, Bowmanville, Ontario, with a total estimated bid price of $1,251,704.16 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012 -6 Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for a second and third year; and Report #1 - 5 - October 1, 2012 THAT the funds expended be drawn from the Department of Operations, various operating accounts. 7. RFP2012 -5 SENIORS & PHYSICALLY DISABLED SIDEWALK & WINDROW SNOW CLEARING SERVICES THAT Report COD - 020 -12 be received; THAT B &D Tractor, Bowmanville, Ontario, with a total estimated bid price of $403,526.43 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012 -5 Seniors & Physically Disabled Sidewalk & Windrow Snow Clearing Services, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for, a second and third year; and THAT the funds expended be drawn from the Department of Operations, various operating accounts. 8. CL2012 -25 SUPPLY & HAULAGE OF GRANULAR MATERIAL THAT Report COD- 021 -12 be received; THAT Robert E. Young Construction, Peterborough, Ontario, with a total estimated bid price of $192,324.82 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2012 -25, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; THAT funds in the amount of $219,000.00 which includes $192,324.82 for tendering, administration, material testing and contingencies be drawn from the Operations Department 2012 Gravel Patch /Resurfacing Miscellaneous Operating Expense — Various Prices Account 100 -36- 382 - 10280 -7112; and THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for a second and third year. 9. PURCHASE OF FOUR WHEEL DRIVE TRACTOR C/W PLOW MOUNT & CONTROLS, SIDE BOOM & REAR FLAIL MOWER THAT Report COD - 022 -12 be received; THAT the requirements of Section 2, Bid Policies of By -law 2010 -112 be waived for this transaction; Report #1 - 6 - October 1, 2012 THAT the Purchasing Manager be authorized to solicit Expressions of Interest from known tractor manufacturers to determine the availability of a Four Wheel Drive Tractor complete with Plow Mount and Controls, Side Boom and Rear Flail Mower suitable for Clarington requirements; THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit and issue a purchase order; and THAT an information report to Council be provided summarizing the results of the Request for the Expressions of Interest process. 10. 2012/2013 INSURANCE PROGRAM THAT Report FND- 019 -12 be received; THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2012 to June 30, 2013 at an approximate cost to Clarington of $874,403 be confirmed; THAT Council request that the Province support AMO's initiative to seek reform of Joint and Several Liability Legislation to provide relief to municipalities by reducing their cost of insurance claims and insurance premiums; and THAT a copy of this resolution be forwarded to all Members of Provincial Parliament representing Durham Region, 11. LIST OF APPLICATIONS FOR CANCELLATION; REDUCTION, APPORTIONMENT, WRITE OFFS OR REFUND OF TAXES THAT Report FND- 021 -12 be received; and THAT the list of applications for cancellation, reduction, apportionments, write -offs or refund of taxes attached to Report FND- 021 -12 be approved. 12. REQUEST FOR REPORT — NAMING OF "71 OLD KINGSTON ROAD" PROPERTY AS "TOOLEY MILL PARK" THAT Staff report on naming the property located at 71 Old Kingston Road as "Tooley Mill Park ". Report #1 - 7 - October 1, 2012 13. REQUEST FOR REPORT - PROVISION OF PUBLIC WASHROOOMS IN DOWNTOWN CORES THAT Staff report on how to successfully offer public washrooms in the downtown cores including Orono, Courtice, Bowmanville, and Newcastle in the Municipality of Clarington. 14. 173 BASELINE ROAD, BOWMANVILLE THAT Resolution #CGPA -18 -12 be ratified. SUMMARY OF BY -LAWS OCTOBER 1, 2012 BY -LAWS 2012 -074 Being a By -law to exempt a certain portion of Registered Plan 40M -2327 from Part Lot Control • � MEMO (iLeading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: September 28, 2012 Subject: COUNCIL AGENDA — OCTOBER 1, 2012 Please be advised of the following regarding the October 'ISM Council meeting: DELEGATIONS See Final list of delegations attached. CORRESPONDENCE D - 4 John O'Toole, MPP, Durham providing an update on Bill 121 — Ability to Pay Act, regarding awards by arbitrators; expressing concern that the arbitration process often awards increases taxpayers cannot afford; advising that provisions in the Act will ensure that tax dollars will be allocated to things people care about most by requiring arbitrators' decisions to factor in specific economic and budgetary factors and explain decisions in writing, call for a panel of independent arbitrators to decide public sector cases within three months, and if passed, the Act will create an Ability to Pay Division that would publish comparative information on compensation, as well as proactively disclose all arbitration decisions; and, requesting Council's support by adopting resolutions encouraging the Liberals and the NDP to assist in getting the bill passed when it is debated in second reading expected to take place on October 4, 2012. (Motion for Direction) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623 -3379 F 905 - 623 -6506 CLERK'S DEPARTMENT MEMO PAGE 2 REPORT #1 Item #1 i Report CAO -004 -12 — Federal Electoral Boundaries — Municipality's Key Messages and Principles in Response to Boundary Commission's Proposals is recommended to be received for information. It is suggested that this item be pulled and the following added to the resolution: "and that a copy of Report CAO- 004 -12 be forwarded to the Regional Municipality of Durham, all local area municipalities, and all Durham Region MPs and MPPs." Patti L. 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