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HomeMy WebLinkAbout09/30/2013 clarington Leading the Way COUNCIL AGENDA DATE: MONDAY, SEPTEMBER 30, 2013 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 16, 2013 PRESENTATIONS a) Chris Newman, Firehouse Youth Centre and Maria Perrino, Dianna Eastwood and Brian Sibley, John Howard Society of Durham — Proceeds of the Mayor's Classic Golf Tournament b) Rick Rossi, Cristina Hodgins, Human Resources Manager, Ruben Plaza, Environmental Manager, Wilson Little, Previous Director, Engineering, Lands and Development, St. Marys Cement Community Relations Committee — Annual Report DELEGATIONS (List as of Time of Publication) a) Barbara and/or John Montague — State of Rural Roads (Correspondence Item D - 6) b) Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington — Update on 100 Years of Mentoring & Introduction of Little Sisters (Correspondence Item I — 9) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - September 30, 2013 COMMUNICATIONS Receive for Information 1 - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 10, 2013 1 - 2 Minutes of the Clarington Heritage Committee dated September 17, 2013 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated September 12, 2013 1 - 4 Minutes of the Clarington Accessibility Advisory Committee dated September 4, 2013 . 1 - 5 Minutes of the Central Lake Ontario Conservation Authority dated September 17, 2013 1 - 6 Minutes of the Clarington Safe Communities Advisory Committee dated September 19, 2013 1 - 7 Amy Terrill,Vice President Public Affairs, Music Canada — Boots and Hearts Music Festival 1 - 8 Nicole Welsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax - Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project 1 - 9 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington — - Update on 100 Years of Mentoring & Introduction of Little Sisters 1 - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham - National Household Survey (2011) — Mobility, Education, and Labour Force 1 - 11 Debra Nicholson, Local Area Manager— Durham, Canada Post - Potential Change to Postal Service at the Orono Post Office 1 - 12 Debbie Shields, City Clerk, City of Pickering - Conservation Policies: The Draft "Living City Policies", Toronto and Region Conservation Authority and "Watershed Management Futures for Ontario", Conservation Ontario Whitepaper 1 - 13 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Quarterly Report on Planning Activities Council Agenda - 3 - September 30, 2013 Receive for Direction D - 1 Don Head, Commissioner, Correctional Service Canada (CSC) — Request for Proclamation of"Restorative Justice Week 2013" D - 2 Angela Tibbles, Chair, Clarington Heritage Committee — Request for Proclamation of"Heritage Week 2014" and Permission to Install Banner D - 3 Don Cooper, Past President/Poppy Chairman, Royal Canadian Legion Branch 178 - 2013 Poppy Campaign D - 4 Keith MacDonald, Gate 3:16 Outreach Centre — "Ride for Refuge" D - 5 Anne Lannan, Ontario Community Newspapers Association - Ontario Junior Citizen of the Year Awards Program D - 6 Barbara Montague - Lack of Funding for Rural Roads D - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Update on Provincial Energy Planning Consultations, Regional Staff Participation and Opportunity for Regional Council Input to the Reviews of Ontario's Long Term Energy Plan and Conservation and Demand Management Framework D - 8 John R. O'Toole, MPP, Durham - Update on Bill 44, the Capacity to Pay Act, 2013 D - 9 Kristiina Loorand, Operations Manager, National Diabetes Trust - By-law to Regulate the Placement and Maintenance of Clothing Donation Drop Boxes D - 10 Joanne. L. McMillin, City Clerk, City of Kenora - Provincial Ban of Flying Lanterns D - 11 Dennis Purcell, Chair, Bancroft & Hastings Highlands Disaster Relief Committee — Request for Financial Assistance D - 12 Sylvia Jones, MPP, Durham-Caldedon - Bill 56, the Aggregate Recycling Promotion Act D - 13 Confidential Correspondence Regarding a Personnel Matter (Circulated confidentially under separate cover) D - 14 Confidential Correspondence Regarding a Personnel Matter (Circulated confidentially under separate cover) Council Agenda - 4 - September 30, 2013 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of September 23, 2013 STAFF REPORT(S) 1. Report LGL-009-13 - Letter from Martin D. Gerkes Dated August 7, 2013 Request for Amendment to Development Charges By-Law (To be distributed under separate cover.) UNFINISHED BUSINESS BY-LAWS. PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT �1 I,eadmg the ii'a) Council Meeting Minutes SEPTEMBER 16, 2013 Minutes of a regular meeting of Council held on September 16, 2013 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services;T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Item 1(c) of Report#1. ANNOUNCEMENTS Councillor Woo announced the following: • Walsh's The Snug, in Newcastle has been voted #1 Irish Pub in Ontario by Trip Advisor • September 22, 2013, 172nd Clarington Royal Canadian Air Cadets will be hosting a Battle of Britain Ceremony at St. Andrew's Presbyterian Church at 1:00 P.M. Council Meeting Minutes - 2 - September 16, 2013 Councillor Hooper announced the following: • September 21, 2013, Beyond Balance Health &Wellness Expo at the Garnet B. Rickard Recreation Complex from 9:00 a.m. to 5:00 p.m. • September 19, 2013, Clarington Older Adult Association Kick-off Anniversary Celebration from 10:00 a.m. to 1:00 p.m. in the Coaazy Cafe. Complimentary cake and refreshments will be served. To view a list of celebratory events, visit www.claringtonolderadults.ca. • September 28, 2013, Family Safety Day will be held at Fire Station #1 from 10:00 a.m. to 3:00 p.m. • Retirement of Don Terry after 32 years of service with Ontario Hydro and Ontario Power Generation • September 16, 2013 opening of the Accessibility Viewing Area at Valleys 2000 Councillor Neal issued a reminder to all to attend the Heritage Harvest Event on September 28, 2013, starting at 5:30 p.m. at Tooley Mill in Courtice. Proceeds are in support of the Clarington Museums and Archives. Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Item 1(c) of Report#1. Councillor Novak announced the following: • Durham "Savour the Season" Culinary Event from September 11 to 22, 2013, showcasing local and Regional restaurants and bistros • Courtice Christmas Tree Lighting Ceremony on November 28, 2013 at White Cliffe Terrace Retirement Residence from 6:00 p.m. to 8:00 p.m. • First Annual Courtice Santa Claus Parade on Sunday, December 1, 2013 • Ministry of Energy's Review of Ontario's Long Term Energy Plan roundtable discussions Councillor Partner announced the following: • First Great Canadian Shoreline Clean-up on September 21, 2013 at the Port of Newcastle Marina and Bluffs • 15th Annual Orono Chili Cook-off and Pie Sale on September 21, 2013, with pie auction at 12:30 p.m., and chili tasting beginning at 1:30 p.m. • OktoberFest at the Newcastle Community Hall on September 29, 2013, sittings at 11:00 a.m. and 12:30 p.m.. Proceeds in support of the Community Hall • Public Information Centre on the Newcastle Village Centre Draft Urban Design Guidelines on September 24, 2013 at the Newcastle Community Hall from 6:30 p.m. to 8:30 p.m. Council Meeting Minutes - 3 - September 16, 2013 Councillor Traill announced the following: • 10th Annual Clarington "Take Back the Night" Walk and Rally on September 17, 2013, starting at 6:00 p.m at the Royal Canadian Legion parking lot in Bowmanville in support of the concept that violence against women will not be tolerated in the community and in support of a safer Clarington for everyone • September 21, 2013, Samuel Wilmot Nature Area Scavenger Hunt at 10:00 a.m. Mayor Foster announced the following: September 21, 2013, from 10:00 a.m to 2:00 p.m "Terrific Trains" event at the Sarah Jane Williams Heritage Centre with the Soper Valley Model Railway Club sponsored by Ontario Power Generation • He expressed appreciation to the Province for hosting the roundtable discussion on the Long-Term Energy Plan and thanked staff for their efforts • He commended staff for obtaining a 100% score on the WSIB audit which could result in a rebate to Clarington's premium Resolution #C-262-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council July 2, 2013, be approved. "CARRIED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Martin Gerkes addressed Council concerning Correspondence Item D — 9 Transfer of Demolition Rights. Through use of a PowerPoint presentation, Mr. Gerkes highlighted his current home and surrounding property, including an orchard which is scheduled to be expropriated by the Ministry of Transportation for the construction of Highway 407 East. Mr. Gerkes has been advised to vacate this property by the end of the year. He stated his family owns a second property on Maple Grove Road where they will build a replacement home. Mr. Gerkes stated that he has been advised by Municipal staff that if his current home was demolished, he would not have to pay demolition fees if he were to re-build at the current location. He confirmed that the Ministry of Transportation is expropriating the entire property and this option is not available to him. Mr. Gerkes is requesting that the demolition rights be transferred to his property on Maple Grove Road. Mr. Gerkes stated that the current home is too large to move and stressed that the home that will be constructed at the Maple Grove location is a replacement home for their current home. Council Meeting Minutes - 4 - September 16, 2013 Carol Hopps addressed Council concerning Item 2 of Report#1 — Report EGD-030-13 -Trudeau Walkway. Ms. Hopps stated she is a resident of Trudeau Drive and bought her home in the area because of its proximity to the elementary and secondary schools. Ms. Hopps indicated that following the meetings regarding the walkway, she thought the majority of residents were in favour of keeping the walkway open but noted that some residents are now concerned with privacy issues. Ms. Hopps stated traffic on Trudeau Drive is busy at all times including cars parked during the evenings but she has never witnessed an emergency vehicle being affected by the situation. Ms. Hopps feels that more people would be affected by closing the walkway. She advised that the Bowmanville High School has now designated a smoking area in their parking lot which will help to keep the students on school property. Ms. Hopps expressed appreciation to all involved in keeping the pathway open for people who use it on a daily basis for a variety of reasons. Brad Black, Black's Water Supply Inc., addressed Council concerning Item 3 of Report#1 — Boots & Hearts Music Festival. Mr. Black expressed support for the continuation of the music festival highlighting the economic impact of the event which reaches far beyond what is 'achieved at the park. Mr. Black provided examples of local businesses which saw increases of over 50% in sales during the festival period. He confirmed that he has previous experience working with other large concerts/events and feels that Republic Live Inc. is a step above the rest and he is in full support of the organizers. Anita DeVries, Durham Region Home Builders' Association (DRHBA), addressed Council concerning Item 17 of Report#1 — Updated Subdivision Agreement. Ms. DeVries expressed appreciation to staff for their efforts in clarifying the process and allowing fora manageable payment plan, and to Council for ensuring that Clarington is a fantastic place to live and work. Ms. DeVries confirmed that DRHBA is the voice of residential building noting when their members build new communities in Clarington, they provide highly efficient, quality homes, attract job opportunities and contribute to community social programs. Ms. DeVries stated the Association has one concern regarding the upgraded agreement regarding winter maintenance costs. It is the position of their members that collecting winter maintenance fees on all roads for two years is double-dipping noting developers pay property tax and when they sell the home the new owners pay property tax. She stated that the Association would be amenable to paying the fees for one year only instead of the two years as proposed in the agreement. Council Meeting Minutes - 5 - September 16, 2013 COMMUNICATIONS Resolution #C-263-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 23, 1 - 20, 1 - 26 , I - 18, 1 - 19, and I - 29. "CARRIED" I - 1 Minutes of the Clarington Museums and Archives Board dated May 15, and June 12, 2013 1 - 2 Minutes of the Ganaraska Region Conservation Authority dated June 13, 2013 1 - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated June 14, 2013 1 -4 Minutes of the Orono Arena Community Centre Board dated June 25, 2013 1 - 5 Minutes of the Clarington Agricultural Advisory Committee dated July 11, 2013 1 - 6 Minutes of the Newcastle Memorial Arena Management Board dated June 11, July 9, and August 13, 2013 1 - 7 Minutes of the Sustainable Clarington Community Advisory Committee dated July 18, 2013 1 - 8 Corrina Giles, Town Clerk, Town of The Blue Mountains, advising that on June 17, 2013, the Town of The Blue Mountains adopted the following resolution pertaining to "Not a Willing Host for Industrial Wind Turbine Projects": "WHEREAS the Provincial Government has recently conveyed the Governments desire to limit Industrial Wind Turbines to communities that are willing hosts; AND WHEREAS the Town of The Blue Mountains completed a Constraints Analysis dated April 2007 related to Renewable Energy; AND WHEREAS the Constraint Analysis identified limited "unconstrained" areas within the Town of The Blue Mountains; Council Meeting Minutes - 6 - September 16, 2013 AND WHEREAS the Town of The Blue Mountains completed a Cultural Heritage Landscape Assessment Report dated September 2009 (CHLAR); AND WHEREAS the CHLAR identified ten proposed Cultural Heritage Landscape Areas within the Town that merit consideration; AND WHEREAS a number of the Cultural Heritage Landscape Areas identified are within the previously.referenced and identified "unconstrained" areas; AND WHEREAS the CHLAR identified that industrial wind turbines could have an impact on cultural heritage landscapes; AND WHEREAS a significant portion of the Town of The Blue Mountains is subject to the Niagara Escarpment Plan; AND WHEREAS the Niagara Escarpment Planning and Development Act identifies that the purpose of the Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment; AND WHEREAS the Niagara Escarpment Commission has adopted a position that the Niagara Escarpment Plan should not be the focus of large-scale industrial-type wind power development; AND WHEREAS the Medical Officer of Health for Grey-Bruce has found that many people in Grey Bruce and Southwestern Ontario have been impacted by the noise and proximity of wind farms; NOW THERFORE Council of the Corporation of the Town of The Blue Mountains hereby notifies the Province of Ontario that the Town of The Blue Mountains is not a willing host for Industrial Wind Turbine Projects for the aforementioned reasons; AND THAT Council of the Corporation of the Town of The Blue Mountains hereby directs that this resolution be circulated to Premier Kathleen Wynne, The Minister of Environment, The County of Grey and all municipalities in Grey County." Council Meeting Minutes - 7 - September 16, 2013 1 - 9 Doris Dumais, Director, Environmental Approvals Access and Service Integration Branch, Ministry of the Environment, responding to Council's correspondence of May 13, 2013, declaring that Clarington is not a willing host to two proposed wind projects; recommending the Municipality complete the Municipal Consultation Form identifying the impacts of the proposed project on the Municipality and identifying local community needs thereby ensuring feedback is taken into account during the design of the project and documented in the proponent's Consultation Report; highlighting the approval, public review and comment process for the Renewal Energy Approval (REA) applications for the Clarington Wind Farm Project and the Ganaraska Wind Farm Project; and, encouraging Members of Council and staff to monitor the Ministry's review status of the Clarington Wind Farm Project and the Ganaraska Wind Farm Project at the following link: http://www,ene.gov.on.ca/environment/en/subiect/renewable energy/proje cts/index.htm. 1 - 10 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), writing to the Honourable Jim Bradley, MPP, Minister of the Environment regarding the Highway 407 East Phase project, indicating that during EA review, CLOCA was satisfied that flooding and erosion risks were minimized, fisheries issues were adequately addressed and impact to vegetation, wildlife and habitat would be dealt with through the development of a vegetation restoration framework; expressing concern that with optimization proposed and continuous refinement during detail design of the project and insufficient information being provided to review revisions, CLOCA cannot confirm that impacts are being satisfactorily addressed; and, requesting clarification from the Minister that the terms and conditions of the EA are being fulfilled, that provincial interests related to natural hazards, natural heritage and water management are being addressed, and requesting confirmation regarding CLOCA's role and responsibilities in the development, design and construction of the project. I - 11 Deb Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on June 26, 2013, Regional Council adopted the following resolution pertaining to the Region of Durham Agricultural Strategy 2013-2018: "a)THAT the Region of Durham Agricultural Strategy 2013-2018 be approved; and Council Meeting Minutes - 8 - September 16, 2013 b) THAT a copy of Report#2013-EDT-26 of the Commissioner of Planning and Economic Development be circulated to all area municipalities, the Durham Federation of Agriculture, the Greater Toronto Area Agricultural Advisory Committee, the Durham Agricultural Advisory Committee, the Uxbridge Agricultural Advisory Committee, and the Agricultural Advisory Committee of Clarington for information." 1 - 12 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Commissioner's Report No. 2013-P-47 regarding National Household Survey (2011) — Citizenship, Immigration, Visible Minorities, Ethnic Origin, Aboriginal Identity and Religion. 1 - 13 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on June 24, 2013, the Town of Ajax endorsed Council's resolution regarding the Veridian Agenda and Financial Statements. 1 - 14 Deb Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Glen Murray, Minister of Transportation, advising that on June 26, 2013, Regional Council adopted the following resolution pertaining to the Region of Durham's response to Metrolinx's Investment Strategy for the Big Move: "a) THAT the Minister of Transportation for the Province of Ontario be advised of the following feedback from the Region of Durham regarding Metrolinx's Investment Strategy (in support of The Big Move): i) In view of Regional Council's endorsement of the Next Wave of Big Move (with the Region's proposed additions), the Region recommends that the Province fund these Next Wave of Big Move projects in the following manner: 1. The Ontario Government provide 100 per cent funding of the Big Move capital projects and provide annual, ongoing, and sustainable capital and operating grant funding (an operating cost recovery funding model) to municipalities for implementing and operating Big Move projects and supporting local transit and transportation initiatives, based on increases to the Province's own funding sources as they may determine. The Province be further advised that Durham's property tax base and constrained transit development charges cannot support the hundreds of millions of dollars in capital needs and the fiscal sustainability required for funding the ongoing annual operating costs; Council Meeting Minutes - 9 - September 16, 2013 2. The Federal Government adopt a National Transit Strategy that would include the Federal Government contributing funding towards the capital costs for the Next Wave transit and transportation infrastructure; 3. If the Province of Ontario determines that increases in the Harmonized Sales Tax and the mobility tax credit are to be implemented that the changes be applied Province wide and not just specific to the GTHA to ensure no adverse impact to the GTHA region relative to the rest of Ontario; 4. If the Province of Ontario determines that an increase in a per litre fuel and gasoline tax are to be implemented that the changes be applied Province wide and not just specific to the GTHA to ensure no adverse impact to the GTHA region relative to the rest of Ontario and that consideration be given to a phase-in of any such increase over a period of up to five years to ensure impacts are minimized; 5. The proposed arbitrary 15 per cent increase to the existing development charge rates not be endorsed as presented; 6. The average $0.25 per spot per day business parking space levy not be implemented; 7. That Metrolinx's proposed amendments to the Development Charge Act to remove the 10 year historical service level restriction and mandatory 10 per cent discount when calculating the Transit Development Charge be implemented by the Province and that all Development Charge revenue collected stay in the region where collected and be used for transit; 8. In order to replace the'outdated current GO Development Charge, the Ontario Government investigate and confer with municipalities regarding a potential implementation of a new special Metrolinx development related fee on all new residential and commercial development and further that such a fee be applied to all geographic areas that are serviced by. GO Transit; 9. Metrolinx's proposal to provide up to 25 per cent of the new revenue generated (up to $500 million per year) to the GTHA municipalities in support of the Big Move projects, be investigated by the Province to ensure any funding allocation methodology and terms are fair, equitable and acceptable to the GTHA municipalities; Council Meeting Minutes _ 10 - September 16, 2013 10. In order to ensure transparency and accountability, that any financing dedicated to funding the Big Move, be segregated in a separate GTHA Trust Fund, with the financial activities to be audited and publicly reported, as recommended by Metrolinx; 11. Municipalities be exempt from having to directly pay any new fee, tax or levy that will result in additional costs to municipalities; 12. Any new municipal related fee, tax, or levy increase being considered by the Province, be subject to the agreement of municipalities prior to implementation, given varying municipal fiscal realities in balancing competing municipal infrastructure needs and costs with property tax financing issues; 13'. That Metrolinx funding for transit and transportation projects continue to be made conditional and prioritized based on a business case approach (evidence based evaluation), to demonstrate need, cost, and long term financial sustainability; and 14. That the governance structure of Metrolinx be modified to include elected municipal councillors to ensure fair representation of municipal concerns and the appropriate balancing of the fiscal realities; and b) THAT a copy of Report#2013-F-55 be forwarded to Metrolinx, the Ontario Ministers of Finance, Infrastructure Ontario, Municipal Affairs and Housing, the Federal Ministers of Finance, Transportation, and Infrastructure Canada, the Durham Region MPs and MPPs, the Association of Municipalities of Ontario (AMO) and Durham's eight local area municipalities." 1 - 15 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 June 24, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the May 2013 Complaint and Inquiry Logs (MOE File No. EA-08-02) • May 2013 Durham York Energy Centre Call Log • May 2013 Durham York Energy Centre Project Team Log; and Council Meeting Minutes - 11 - September 16, 2013 advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/proiect/efw-committee.htm 1 - 16 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) forwarding a copy of CLOCA's 2012 Year in Review publication and advising the document is also available online at www.cloca.com. 1 - 17 Dan Mathieson, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors, providing an update on assessment activities including MPAC's launch of a four=year strategic plan (2013-2016) having the potential to save as much as $20 million over the next four years; the 2012 Province-wide assessment update placing new values on Ontario's approximate 5 million properties and highlighting the Public Education and Outreach initiatives in support of assessment-related activities; the 2013 growth update indicating that MPAC is committed to processing over 160,000 building permits, with an anticipated taxable assessment growth, through Supplementary Assessment listings of approximately $23 billion, and the 2013 Ontario Budget: Strengthening Ontario's Property Tax System by acknowledging the concerns raised by municipalities and working with all stakeholders to implement recommendations to strengthen the property tax system; and, advising the cornerstone of MPAC's four-year strategic plan is to transform its relationships with stakeholders into partnerships and encouraging Members of Council and staff to contact the local Municipal Relations Representative regarding assessment activities in the community. 1 - 21 Cathie Best, Town Clerk, Town of Oakville, advising Council that on July 8, 2013, the Town of Oakville adopted the following resolution pertaining to the Metrolinx Investment Strategy Update: 1. THAT the report on the Investment Strategy by Metrolinx dated June 17, 2013, be received; 2. THAT the Metrolinx Investment Strategy be supported in principle; 3. THAT Metrolinx be encouraged to better match funding sources with those who benefit most; 4. THAT Metrolinx be advised that the Town of Oakville opposes any impact on property taxes by capital or operating expenses of the Big Move projects; 5. THAT the Province and Metrolinx be requested to continue to work with the municipalities in bringing clarity to elements of the recommendations noted in this report; and Council Meeting Minutes - 12 - September 16, 2013 6. THAT a copy of this report be forwarded to Metrolinx, the Region of Halton, GTHA municipalities, the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, the local MPPs and AMO." 1 - 22 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 26, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the June 2013 Complaint and Inquiry Logs (MOE File No. EA-08-02) • June 2013 Durham York Energy Centre Project Team Log; • Letter to the Ministry of the Environment dated July 31, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Request for Revised Submission Date for the Durham York Energy Centre Third Party Independent Audit Report #3 (MOE File No. EA-08-02); and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee,htm 1 - 24 Ken Hall, Senior Advisor, Public Affairs, Enbridge Pipelines Inc., advising that Enbridge Pipelines Inc. will soon be conducting a series of Integrity Digs in the Clarington area along their Line 9 pipeline corridor as part of an ongoing preventive maintenance program; indicating that an Enbridge representative has met with staff to outline the purpose and scope of the work and the process used to work with impacted landowners; and, advising that Enbridge is committed to safe operation of their pipelines and that completion of the work will help to ensure that Line 9 continues to provide secure and responsible delivery of crude oil to refineries in Ontario. This pipeline maintenance work is independent of Enbridge's application to reverse the flow of Line 9B. 1 - 25 Anne Wilson, writing on behalf of twenty-six residents who reside next to the Bowmanville Zoo, expressing concern that the use of a bull horn by the protesters who demonstrate at the Zoo is upsetting to the seniors and to the animals; acknowledging that they do not have an issue with the demonstrators standing on the public sidewalk with their signs but do not believe they have the right to disturb and frighten people and animals; and, requesting Council's assistance in ending the noise and making the protests quiet for the sake of the animals and the people who live in the area. Council Meeting Minutes - 13 - September 16, 2013 1 - 27 Don Hutton, Advertising Chair, Rotary Club of Bowmanville, thanking Council for supporting the 6th Annual Rockin' Rotary Ribfest which raised over $100,000; indicating the funds will go directly back into the community providing bursaries and programs to youth and children and providing financial assistance to international communities; and, hoping to count on Council's support again next year. 1 - 28 Chuck Mercier, Mayor, Township of Scugog, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, advising that on June 24, 2013, the Township of Scugog adopted the following recommendation regarding the Big Move Transit and Transportation Plan recommended by Metrolinx: "WHEREAS the Township of Scugog supports the principle and general direction behind the Big Move transit and transportation plan recommendations put forth by Metrolinx for the GTHA; AND WHEREAS Scugog requires less investment in transit than its urban counterparts, as evident in the Big Move plan, and yet continues to be burdened with an unsustainable roads infrastructure deficit; AND WHEREAS Scugog's ability to develop and generate growth related revenues is constrained by provincial land use policies and limited servicing infrastructure; AND WHEREAS Scugog has contributed significantly to the protection of the province's prime agricultural lands and other green space for which it receives no financial recognition from the Government of Ontario; AND WHEREAS Scugog has ongoing concerns with proposed reductions in the Ontario Municipal Partnership Fund; NOW THEREFORE BE IT RESOLVED THAT revenues raised through the use of the various tools recommended by Metrolinx be spent on both roads and transit projects within the local municipalities in which they were raised; AND THAT the Government of Canada be requested to adopt a national transit strategy to include long term, predictable capital funding for higher order transit projects above and beyond the current infrastructure programs; AND THAT the Government of Canada, the Government of Ontario (Minister of Infrastructure), Metrolinx and the Region of Durham be so advised." Council Meeting Minutes - 14 - September 16, 2013 1 - 30 Individual correspondence has been received from the following individuals/stakeholders/Members of the Clarington Swim Club expressing concern with plans to make changes to the Clarington Fitness Centre pool; indicating that shallowing of the pool will limit the potential of Swim Club members and will force serious athletes to look outside the Municipality for training; acknowledging that there are two other facilities well suited for younger swimmer Red Cross lessons but that are ill suited for competitive swimmers and upper level lessons; and, suggesting that changes to the pool should not proceed: Nathanial Landry, Nancy Ouyang, Jennifer Hardy, Adele Thompson, Pat Limebeer, Marie Lever, Angel Van Leeuwen, Elizabeth Ross, Deborah Patrick, Rosemarie McIntyre, D. Hammond, Ian and Kirsten Soutter, Ashley Chambers, Peter Hobb, Karen Welds, Jennifer Tremain, A. Sharpe, K. Smedley, Brian Elliott, S. Broersma, Caroline Chaplow, Joanna Lefebvre, Derek Speght, Siobhan Mullan, Marjorie Christian, Suzanne Barnes, Traci Payne, Garth Hyson, Ron Landry, Deborah Landry, Pauleen Goselin, Suzanne Branton, Aiden Murphy, Anne Heemskerk, John Kay, Patti Lockhart, Karen Gough, Marie Gough, Scott Cavanaugh, Tracey Cavanaugh, Claire Mullan, Gail Van Londen, Louise Barrett, Erika Hartmann, Wilhelmina Warmerdam, Hazel Gillbank, Leslie Milne, Marg Witterer, A. Plullios, Shirley Maraz, Darlene Thompson, Betty Skinner, Virginia Foster, Hannah Farrow, Rita Hofman, Peter deGelder, John Lock, Maria Hofman, Marion Warren, Irene Gourlay, Rika Hayakawa and Linda St-Germain. 1 - 31 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO), forwarding a copy of "Implementing Adaptive Phased Management 2014 to 2018 — Draft for Public Review", NWMO's annual five-year strategic plan for implementing Canada's plan for the safe, long-term care of used nuclear fuel; indicating the plan provides an overview of the NWMO and Adaptive Phased Management and presents highlights of the planned work program; advising the plan will be refined based on comments received and the final document will be published in the NWMO's Triennial Report in March 2014; and, inviting comments by November 29, 2013. 1 - 23 Cindy Sutch, Save the Oak Ridges Moraine (STORM) Coalition Board of Directors, forwarding STORM's recent statement on large scale energy projects on the Oak Ridges Moraine, acknowledging that the first Renewal Energy Approval (REA) on the Oak Ridges Moraine and Protected Countryside of the Greenbelt Plan has been granted contingent on a significant reduction of setbacks from natural features such as significant woodlands, headwater streams and groundwater discharge areas; expressing concern that setbacks are not being maintained, significant and sensitive natural features are not being considered and reports are not being produced; suggesting that it's time to take a step back and re- Council Meeting Minutes - 15 - September 16, 2013 examine the REA process if it can't approve large scale energy projects under established environment-first policies such as the Oak Ridges Moraine and Greenbelt Plans; and, respectfully requesting that the Province halt the awarding of FIT contracts and approval of large scale energy infrastructure projects on the moraine until full environmental assessments are made mandatory and requesting that copies of all reports, studies and notice of completions be submitted to STORM for review by its Energy Infrastructure Committee. Resolution #C-264-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item I — 23 from Cindy Sutch, Save the Oak Ridges Moraine (STORM) Coalition Board of Directors, requesting that the Province halt the awarding of FIT contracts and approval of large scale energy infrastructure projects on the moraine until full environmental assessments are made mandatory and requesting that copies of all reports, studies and notice of completions be submitted to STORM for review by its Energy Infrastructure Committee, be endorsed. "CARRIED" 1 - 20 Deb Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on June 26, 2013, Regional Council adopted the following resolution pertaining to the proposed Enbridge Pipelines Inc. (Enbridge) application to the National Energy Board (NEB) to reverse the flow of Line 9B from North Westover, Ontario to Montreal, Quebec: "a)THAT the Regional Municipality of Durham continues to liaise with other municipalities and Conservation Authorities to discuss pipeline operations related to the presentation of issues before the National Energy Board; b) THAT Regional staff be authorized to submit a letter of comment to the National Energy Board on the proposed Enbridge Line 9B reversal and increased carrying capacity project by the deadline submission of August 6, 2013, after Regional Council is recessed for the summer break; c) THAT the Letter of Comment request that the pipeline through Durham be replaced with one meeting current Enbridge standards for new pipelines designed to carry diluted bitumen; and Council Meeting Minutes - 16 - September 16, 2013 d) THAT Report No. 2013-W-65 of the Commissioner of Works be forwarded to the local area municipalities, Conservation Authorities within the Regional Municipality of Durham, and the Great Lakes St. Lawrence Cities Initiative." Resolution #C-265-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I — 20 from Deb Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, with respect to the proposed Enbridge Pipelines Inc. (Enbridge) application to reverse the flow of Line 913 from North Westover, Ontario to Montreal, Quebec, be endorsed. "CARRIED" 1 - 26 Debra Nicholson, Local Area Manager— Durham, Canada Post, advising that following a review of customer traffic patterns at the Hampton Post Office, Canada Post will no longer offer Saturday retail service as of September 30, 2013; advising that post office box customers will have full access to postal services on weekdays; and, that Canada Post remains committed to providing postal services in urban and rural communities across the country. Resolution #C-266-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I —26 from Debra Nicholson, Local Area Manager— Durham, Canada Post, with respect to closure on Saturdays at Hampton Post Office be received for information. "CARRIED" 1 - 18 Kathy Kielt, Deputy Clerk and Supervisor of Council and Committee Services, Regional Municipality of Halton, advising Council that on July 10, 2013, the Regional Municipality of Halton adopted the following resolution pertaining to Enbridge Pipelines Inc. Line 9 Reversal: "WHEREAS Enbridge Pipelines Inc. (Enbridge) is seeking approval from the National Energy Board (NEB) for the flow reversal between North Westover in Hamilton and Montreal to an eastward direction and capacity expansion to 300,000 barrels per day of the existing Line 9 pipeline, including an allowance for the transportation of heavy crude oil products; Council Meeting Minutes - 17 - September 16, 2013 WHEREAS the NEB, as the responsible federal agency regulating pipelines, energy development and trade in Canada, issued a Hearing Order, convening a public hearing for this project; WHEREAS Environment Canada reports that one drop of oil can render up to 25 litres of water unfit for drinking; WHEREAS Environment Canada reports that oil products are harmful to aquatic and terrestrial ecosystems; WHEREAS the pipeline integrity and other preventative and emergency response measures are paramount to minimizing the likelihood of a release and for the protection of the community and the environment; WHEREAS failure of the pipeline will lead to oil products release into the environment and contamination of our waterways and potentially Lake Ontario; and WHEREAS currently only one remote controlled isolation valve is located in the Region of Halton along the Enbridge Line 9 pipeline; THEREFORE BE IT RESOLVED: THAT Enbridge be requested to install isolation valves on each side of watercourses to provide enhanced environmental protection and improve the potential for minimization of environmental contamination of our waterways and potentially Lake Ontario, and health and safety impacts in the event of a pipeline failure; THAT the National Energy Board be requested to require the installation of isolation valves on each side of watercourses (regardless of whether they are classified as "navigable" or not) to provide enhanced environmental protection and improve the potential for minimization of environmental contamination of our waterways and potentially Lake Ontario, and health and safety impacts in the event of a pipeline failure; THAT the Regional Clerk forward a copy of this resolution to the Great Lakes and St. Lawrence Cities Initiative, as they have Intervenor status in the NEB hearing process for the Enbridge project, for inclusion in their hearing submissions; and THAT the Regional Clerk forward a copy of this resolution to the City of Burlington, as they have Letter of Commenter status in the NEB hearing process for the Enbridge project, for inclusion in their hearing submission. Council Meeting Minutes - 18 - September 16, 2013 THAT the Regional Clerk forward a copy of this resolution to the Association of Municipalities of Ontario for distribution to all municipalities in Ontario." Resolution #C-267-13 Moved by Councillor Traill, seconded by Councillor Hooper THAT Correspondence Item I — 18 from Kathy Kielt, Deputy Clerk and Supervisor of Council and Committee Services, Regional Municipality of Halton, with respect to Enbridge Pipelines Inc. Line 9 Reversal, be endorsed; and THAT staff be requested to provide Council with the number of isolation valves located in Clarington. "CARRIED" 1 - 19 John R. O'Toole, MPP Durham, forwarding a copy of correspondence from the Honourable Glen Murray, Minister of Infrastructure and Minister of Transportation in which the Minister acknowledges Clarington's concerns regarding the impact on local roads once Highway 407 East is opened to traffic at Harmony Road but advising that the termination of the highway at Harmony Road is temporary and traffic analysis completed by the Ministry indicates very small impacts as a result of Phase I implementations to Clarington's road network; advising that the Province is committed to completing Highway 407 East to Highway 35/115 by 2020, with an interim opening at Taunton Road in 2017; and, advising the Ministry's project team will continue to work with the Municipality and the Region to review and discuss related issues. Mr. O'Toole advises that the Province is planning to reimburse other municipalities for impacts from the first phase of construction and feels it is reasonable to assume that similar impacts from the second phase through Clarington will also exist and confirms he does not agree with the Minister's assessment that there will be very small impacts in Clarington. Resolution #C-268-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I — 19 from John R. O'Toole, MPP Durham, with respect to impacts of Highway 407 East Phase I termination at Harmony Road be received for information. "CARRIED" Council Meeting Minutes - 19 - September 16, 2013 1 - 29 The Honourable Kathleen Wynne, Premier of Ontario, responding to Council's resolution regarding the hosting of wind turbine projects; acknowledging that municipal input on the siting of renewable energy projects is important and advising the government is making significant changes that will engage municipalities at the beginning of the process to identify appropriate locations and siting requirements for future large renewable energy projects; and, advising that as setbacks and municipal input on the siting of wind projects falls under the purview of the Ministry of Energy and the Ministry of the Environment, Premier Wynne has forwarded a copy of Council's correspondence to the Honourable Bob Chiarelli and the Honourable Jim Bradley as well as to the Honourable Jeff Leal, Minister of Rural Affairs for his information. Resolution #C-269-13 Moved by Councillor Woo, seconded by Councillor Neal THAT Correspondence Item I — 29 from The Honourable Kathleen Wynne, Premier of Ontario, with respect to hosting of Wind Turbine Projects, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-270-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 6 be approved as per the Agenda. "CARRIED" D - 1 Jackie Long, Chair, Board of Trustees and Lorraine Sunstrum-Mann, Executive Director, Grandview Children's Centre, requesting that October 9, 2013, be proclaimed "Grandview Kids Day" in recognition of the work and support provided by the Grandview Children's Centre to the over 5,000 children and youth with special needs and their families; and, requesting that the Grandview Kids Flag be raised for the occasion. (Proclaimed and permission granted for the raising of the Grandview Kids Flag) D - 2 Nancy Coffin tendering her resignation, with regret, as a Member of the Compliance Audit Committee as she will be relocating outside of the Municipality. (Correspondence received, with regret, and referred to the Municipal Clerk) Council Meeting Minutes - 20 - September 16, 2013 D - 3 Fred Hahn, President, Canadian Union of Public Employees (COPE) Ontario and Sheila Olan-MacLean, President, The Ontario Coalition for Better Child Care (OCBCC) requesting that Wednesday, October 30, 2013, be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in Clarington, in recognition of the education, skills, commitment and dedication of early child care educators and staff to children, their families and quality of life of the community. (Proclaimed) D - 4 Deb Bowen, AMCT, Regional Clerk/Director of Legislative Services, Region of Durham, writing to P. Vanini, Executive Director, Association of Municipalities of Ontario (AMO), advising that on June 26, 2013, Regional Council adopted the following resolution pertaining to Municipal Insurance Liability Reform: "a) THAT the Region of Durham supports the Council Resolution of Dutton/Dunwich requesting the Association of Municipalities of Ontario (AMO) advocate for the Province of Ontario to work with municipalities to develop a long term and sustainable solution that will protect municipalities from rising litigation and claim costs which diverts funds from more critical, yet under funded municipal services; b) THAT the Region of Durham supports the request of the Frank Cowan Company for the Law Commission of Ontario to complete a study on Municipal Legislative Reform to address the issue of the effects of Joint and Several Liability on municipal insurance claims; and c) THAT a copy of Report#2013-F-61 of the Commissioner of Finance be forwarded to AMO, the Attorney General of Ontario, the local MPP's in Durham Region and the Area Municipalities." (Endorsed) D - 5 Stefanie Scapinello, Public Health Nurse, Durham Region Health Department, Region of Durham, requesting that October 9, 2013, be proclaimed as "International Walk to School Day (IWALK), an annual event that promotes physical activity, safe communities and clean air by encouraging students to walk/wheel, cycle, in-line skate or skateboard to and from school to fit physical activity into each day and to reduce traffic around schools, reduce noise and air pollution and promote safer streets. (Proclaimed) Council Meeting Minutes - 21 - September 16, 2013 D - 6 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 5, 2013 from 6:00 a.m. to 5:00 p.m. for the annual Newcastle BIA Fall Harvest Festival; indicating the event will feature vendors, car and tractor show, live music, pancake breakfast, Newcastle Town Hall 90th Anniversary celebration, games and prizes for kids; 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 - 7 Vikki Gilmour, Fundraising and Events Coordinator, Durham Hospice, a non-profit community based charitable organization providing practical, emotional and spiritual support and hope to individuals, families friends and caregivers who are facing illness, death and/or grief; advising that Durham Hospice must raise $305,000 this year to augment the grant they receive from the Ministry of Health & Long-Term Care; and, requesting a grant from the Municipality to help'the organization continue to serve the residents of Clarington. Resolution #C-271-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Vikki Gilmour, Fundraising and Events Coordinator, Durham Hospice, be advised of the Municipal Grant Policy. "CARRIED" D - 8 Lorraine LeBlanc, Societe Alzheimer Society Sudbury-Manitoulin, advising that over 500,000 Canadians are living with Alzheimer's disease and related dementias with current health care costs associated with these diseases at over $15 billion annually; indicating that many countries have recognized the urgency and impact of Alzheimer's disease and related dementias and have developed strategies accordingly; requesting Council to support citizens who are affected by dementia and to reduce the burden of dementia in the future by adopting a resolution calling on all levels of government and the Federation of Municipalities to adopt a national dementia strategy; and, urging all citizens to become more aware and engaged concerning the far-reaching effects of this devastating disease. Council Meeting Minutes - 22 - September 16, 2013 Resolution #C-272-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Item D — 8 from Lorraine LeBlanc, Societe Alzheimer Society Sudbury-Manitoulin with respect to a national dementia strategy, be received for information. "CARRIED" D - 9 Martin Gerkes advising that his home and property located at 4726 Rundle Road will be expropriated by the Ministry of Transportation (MTO) to facilitate the construction of a link highway between the 401 East and the 407 East extension and their family home will be demolished by the MTO; indicating that it is his understanding that if he were to apply for a building permit to erect a home on a second property he owns on Maple Grove Road, development fees would be charged against this construction; requesting an exemption be granted as his family has been long-time, residents of the area, has dutifully paid their taxes, has provided a revenue stream to the local economy through their farm business and do not have a choice in rebuilding a replacement home at 4726 Rundle Road; and, requesting that their demolition rights —guaranteed on their original property at 4726 Rundle Road be transferred to their property on Maple Grove Road. Resolution #C-273-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D — 9 from Martin Gerkes requesting demolition rights at 4726 Rundle Road be transferred to property on Maple Grove Road, be referred to staff for a report back to the next Council meeting. "CARRIED" D - 10 Lynne Richards expressing concern that he is unable to enjoy his property on Sundays and Wednesdays due to noise levels from the Orono Fish and Hunt Club; and, requesting Council to investigate lowering the decibel limit at the Club. Resolution #C-274-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D — 10 from Lynne Richards, regarding noise levels at the Orono Fish and Hunt Club, be received for information. "CARRIED" Council Meeting Minutes - 23 - September 16, 2013 D - 11 John R. O'Toole, MPP, Durham, requesting Council to consider supporting the re-naming of a stretch of Highway 115 through Peterborough County as "The John Melville Turner Way", as a fitting tribute to John M. Turner, distinguished Canadian and former Speaker of the Ontario Legislature, MPP, business leader, community volunteer, City of Peterborough Alderman, and Canadian Military Officer who passed away in January. Resolution #C-275-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item D — 11 from John R. O'Toole, MPP, Durham, requesting support for the re-naming of a stretch of Highway 115 through Peterborough County as "The John Melville Turner Way", be received for information. "MOTION WITHDRAWN" Resolution #C-276-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council support the re-naming of a stretch of Highway 115 through Peterborough County as "The John Melville Turner Way". "CARRIED" Resolution #C-277-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow for discussion on Correspondence Item I — 1. "CARRIED" Resolution #C-278-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Municipal Clerk be requested to write to the Clarington Museums and Archives Board clarifying the provisions of holding a "closed" session during a Board meeting. "CARRIED" Council Meeting Minutes - 24 -. September 16, 2013 COMMITTEE REPORT(S) Report#1 - General Purpose and Administration Committee Report September 9, 2013 Resolution #C-279-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of September 9, 2013 be approved, with the exception of Items #1(c), #2, #4, #6, #10, #17 and #19. "CARRIED" Item #2 Resolution #C-280-13 Moved by Councillor Woo, seconded by Councillor Traill THAT Report EGD-030-13 be received; THAT the Municipal Solicitor continue to work with the Kawartha Pine Ridge District School Board (KPRDSB) to finalize a legal and appropriate smoking area; THAT surveillance cameras be installed at either end of the walkway in compliance with all legislated requirements pertaining to surveillance; THAT a policy be developed around the Municipality's rationale and purpose of the surveillance system; THAT "No Loitering" signs be erected with specific reference to the Municipality's Nuisance By-Law; THAT public education be carried out in partnership with the School Board regarding nuisance and loitering; THAT the Municipality provide increased presence in this area from Durham Region Police Services and Municipal Law Enforcement; THAT KPRDSB be requested to provide a student volunteer program to keep the Trudeau Walkway clean; THAT the Municipality's Operations Department provide an increased level of service/maintenance in this area; THAT a garbage receptacle be installed at the walkway; Council Meeting Minutes - 25 -. September 16, 2013 THAT a curb cut be provided in front of the walkway; THAT the Traffic By-Law be amended to prohibit parking on Trudeau Drive from 8:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 3:00 p.m. Monday to Friday; THAT the Traffic By-Law be amended to prohibit stopping within one metre of any driveway; and THAT the area residents be notified, by mail, advising of the actions to be taken regarding the Trudeau Walkway. "CARRIED" Item #4 Resolution #C-281-13 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD-045-13 be received; THAT the application for a temporary use by-law, submitted by Republic Live Inc., to allow camping and ancillary uses for a period of up to three (3) years continue to be processed and that a subsequent report be prepared; THAT a Traffic Management Plan, prepared by traffic professionals at the expense of the Applicant, be submitted by the Applicant, for consideration with the rezoning application; and THAT all interested parties listed in Report PSD-045-13 and any delegations be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo V Councillor Hooper V Councillor Neal V Councillor Novak V Councillor Partner v Councillor Traill d Mayor Foster d Council Meeting Minutes - 26 - September 16, 2013 Item #10 Resolution #C-282-13 Moved by Councillor Woo, seconded by Councillor Traill WHEREAS in April, 2013 the Federal Government notified Clarington that it had officially designated the lands of the former Prisoner of War Camp 30 and former Training School (the middle third) of the property at 2020 Lambs Road comprised of approximately 20 acres as a National Historic Site; AND WHEREAS the Municipality of Clarington in October, 2009 added six of the buildings at 2020 Lambs Road to the Municipal Register as structures with cultural heritage value; AND WHEREAS the-commemoration of this nationally, provincially and locally significant heritage resource will only be possible through the combination of many people's efforts; AND WHEREAS the Municipality is willing to continue to work collaboratively with the Provincial and Federal governments, property owner and community advocacy groups having sought their input and commitment; AND WHEREAS the responsibility for the safety, liability and access to the property lies with the owner; AND WHEREAS to have a sustainable redevelopment of the Camp 30 site a viable business plan, economic development strategy and vision will have to be developed in collaboration with the Architectural Conservancy of Ontario - Clarington Branch and all stakeholders; AND WHEREAS the Owner has offered the site to the Municipality in exchange for unspecified compensation, discussions on which are continuing between the Municipality and Owner; AND WHEREAS it would be desirable to have the ownership of the site transferred to an independent not-for-profit Foundation, who could avail themselves of all funding opportunities; AND WHEREAS the Community Development Council of Durham (CDCD) have offered to assist in the formation, drafting of by-laws and development of a constitution for a Foundation and Architectural Conservancy of Ontario Clarington have raised funds to help establish a Foundation; NOW THEREFORE BE IT RESOLVED THAT Council endorse the establishment of a Foundation for Camp 30 for the long term management of the Camp 30 lands; Council Meeting Minutes - 27 - September 16, 2013 THAT Council endorse the creation of a Camp 30 Task Force with a mandate to secure the property, work with the Foundation on the development of the long term plan for the re-use of Camp 30; THAT the Owner be requested to improve security of the site in accordance with "Mothballing Procedures for Heritage Structures", and that applicable Provincial grants for such work be applied for by the Foundation; THAT a recruitment committee be established to recommend members to the Task Force and Foundation Establishment Committees, and that it be formed of the Owner, the Mayor, local MPP, local MP, or their designates, Architectural Conservancy of Ontario and a representative from the Clarington Museums and Archives; and FURTHER THAT the Planning Services Department be assigned to assist the Foundation and Task Force and to incorporate in its 2014 budget sufficient funds for studies to assess the structural requirements and to develop a long term plan for Camp 30. "CARRIED AS AMENDED" (See following motion) Resolution #C-283-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing Resolution #C-282-13 be amended by adding the name "Councillor Traill" after the words "or their designates" in the second to last paragraph. "CARRIED" Resolution #C-282-13 was then put to a vote and CARRIED AS AMENDED. Councillor Novak declared a pecuniary with respect to Item #1(c) of Report#1 as she has a family member who works for one of the companies noted in Report COD-019- 13, and left the Council Chambers during discussion and voting on this matter. Item #1 c Resolution #C-284-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report COD-019-13 — Contract Awards during Council Recess, be received for information. "CARRIED" Council Meeting Minutes - 28 - September 16, 2013 Councillor Novak returned to the meeting. Item #6 Resolution #C-285-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD-047-13 be received; THAT "Roy Nichols" be reserved as a future street name for Courtice; and THAT all interested parties listed in Report PSD-047-13 and any delegations be advised of Council's decision. "CARRIED" Item #17 Resolution #C-286-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Report LGL-006-13 be received; THAT Council authorize Staff to use the updated subdivision agreement, attached to Report LGL-006-13 as Attachment 1, as a standard agreement for all future plans of subdivision; THAT the Municipal Solicitor be authorized to make minor changes to the standard subdivision agreement as the need arises; and THAT Council approve the fees referenced in Sections 4.3, 4.4, 4.6 and 4.8 of the updated subdivision agreement. "CARRIED AS AMENDED" (See following motion) Resolution #C-287-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the foregoing Resolution #C-286-13 be amended by adding the following new third paragraph: Council Meeting Minutes - 29 - September 16, 2013 "THAT Section 4.6 of the standard subdivision agreement be amended by deleting the references to "2 years" and replacing them with 1 year". "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill d Councillor Woo d Councillor Hooper V Councillor Neal d Councillor Novak d Councillor Partner V Mayor Foster V Resolution #C-286-13 was then put to a vote and CARRIED AS AMENDED. Item #19 Resolution #C-288-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Clarington will work with Canadian Tire Motorsport Park and the Clarington Board of Trade to develop a study of the economic impact of NASCAR on Clarington. "CARRIED AS AMENDED LATER IN THE MEETING" Resolution #C-289-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #C-287-13 be amended by adding the words "Clarington Tourism" after the words "Clarington Board of Trade". "CARRIED LATER IN THE MEETING" (See following motions) Council Meeting Minutes - 30 - September 16, 2013 Resolution #C-290-13 Moved by Councillor Neal, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-289-13 a second time. "CARRIED" Resolution #C-289-13 was then put to a vote and CARRIED. Resolution #C-288-13 was then put to a vote and CARRIED AS AMENDED. STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-291-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Brad Black, Black's Water Supply Inc., be received with thanks. "CARRIED" BY-LAWS By-law 2013-078 was received as a Hand-Out. Resolution #C-292-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-074 to 2013-078 2013-074 Being a By-law to amend By-IaW 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Valiant Rental Inc.) 2013-075 Being a By-law to amend By-law 2009-123, the Sign By-law for the Corporation of the Municipality of Clarington 2013-076 Being a By-law to appoint a Municipal Law Enforcement Officer (Duncan Anderson) Council Meeting Minutes - 31 - September 16, 2013 2013-077 Being a By-law to exempt a certain portion of Registered Plan 40M-2148 from Part Lot Control 2013-078 Being a By-law to exempt a certain portion of Registered Plan 40M-2499 from Part Lot Control; and THAT the said by-laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Novak stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the Council Chambers during discussion and voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-293-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-079, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 16t" day of September, 2013; and THAT the said by-law be approved. "CARRIED" Councillor Novak returned to the meeting. Council Meeting Minutes - 32 - September 16, 2013 ADJOURNMENT Resolution #C-294-13 Moved by Councillor Partner, seconded by Councillor Trail[ THAT the meeting adjourn at 9:15 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS SEPTEMBER 30, 2013 a) Barbara and/or John Montague— State of Rural Roads (Correspondence Item D - 6) b) Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington — Update on 100 Years of Mentoring & Introduction of Little Sisters (Correspondence Item I — 9) SUMMARY OF CORRESPONDENCE SEPTEMBER 30, 2013 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 10, 2013 (Copy attached) 1 - 2 Minutes of the Clarington Heritage Committee dated September 17, 2013 (Copy attached) 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated September 12, 2013 (Copy attached) 1 - 4 Minutes of the Clarington Accessibility Advisory Committee dated September 4, 2013 (Copy attached) 1 - 5 Minutes of the Central Lake Ontario Conservation Authority dated September 17, 2013 (Copy attached) 1 - 6 Minutes of the Clarington Safe Communities Advisory Committee dated September 19, 2013 (Copy attached) 1 - 7 Amy Terrill, Vice President Public Affairs, Music Canada, advising Music Canada represents the major music companies and artists in Canada and works directly with recording studios, live music venues and music festivals, including Boots and Hearts; indicating that Boots and Hearts is a unique music festival in Ontario but one of many that contribute to the economic, social and cultural benefits live music brings to Ontario; advising that the Province has identified music as a key economic sector and has announced a coordinated strategy to market Ontario as one of the best destinations for live music in the world; indicating that music festivals pump millions of dollars into their local economies and that Boots and Hearts is a huge opportunity for Clarington as its host community; and, encouraging the Municipality to work with Republic Live in order to maximize the benefits of the festival and to address any concerns that may arise. 1 - 8 Nicole Welsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the National Energy Board advising that on September 9, 2013, the Town of.Ajax adopted the following resolution pertaining to Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project: Summary of Correspondence - 2 - September 30, 2013 1. THAT Enbridge Pipelines be required to install remotely controlled isolation valves at shorter intervals within Durham Region, including working with conservation authorities to determine key watercourses where additional isolation valves should be installed, to minimize the volume of oil that may be released during a spill. 2. THAT Enbridge Pipelines be required to conduct an integrity dig at Kilometre Post (KP) 3112.9 to protect against a possible worst case scenario spill in Durham Region. 3. THAT Enbridge Pipelines be required to establish a new Enbridge Oil Pipeline emergency response crew, including emergency equipment storage facility, between Westover and Belleville to reduce Enbridge's emergency response times for Ontario's most densely populated area. 4. THAT Enbridge Pipelines be required to deliver annual emergency response training and detailed information sessions regarding Line 9 to conservation authority staff, regional and local municipal staff, and emergency services personnel. 5. THAT Enbridge Pipelines be required to, in collaboration with municipalities, identify stormwater sewer catch basin locations and stormwater management pond locations in their mapping for emergency response purposes. 6. THAT Enbridge Pipelines be required to develop local municipal specific Emergency Response Plans that are aligned with existing municipal emergency plans. 7. THAT the Letter of Comment to the National Energy Board regarding Enbridge's application for the Line 913 Reversal and Line 9 Capacity Expansion Project, as provided in Attachment 1, be received for information. 8. THAT this Report be circulated to the National Energy Board; Enbridge Pipelines Inc.; Durham Region; City of Pickering, Town of Whitby, City of Oshawa; Municipality of Clarington; Toronto and Region Conservation Authority; Central Lake Ontario Conservation Authority; Ganaraska Region Conservation Authority; Town of Ajax Environmental Advisory Committee; the cities of Mississauga, Kingston, Hamilton, Burlington and Toronto, all Members of, Parliament representing the lakeshore municipalities in Durham; the leaders of the major federal political parties; Environmental Defense, and DurhamCLEAR." Summary of Correspondence - 3 - September 30, 2013 1 - 9 Darlene Brown, Executive Director, Big Brothers Big Sisters. of Clarington, providing an update of activities which took place during the yearlong celebration marking 100 years of mentoring in Canada and revealing research findings in support of mentoring with respect to student success, civic engagement and dealing with bullying. I - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report No. 2013-P-55 of the Commissioner of Planning and Economic Development regarding the National Household Survey (2011) — Mobility, Education, and Labour Force. 1 - 11 Debra Nicholson, Local Area Manager— Durham, Canada Post, advising that Canada Post is-committed to providing postal services in urban and rural communities across the Country; however, they need to make smart choices to maintain local service without becoming a burden on Canadian taxpayers; indicating that they will be holding discussions with the local representative of their employees' association, the Canadian Postmasters and Assistants Association (CPAA), regarding the potential closure on Saturdays and realignment of hours during the week at the Orono Post office and will communicate with Council once discussions have occurred. 1 - 12 Debbie Shields, City Clerk, City of Pickering, writing to the Toronto and Region Conservation Authority, advising that on September 16, 2013, the City of Pickering adopted the following resolution pertaining to Conservation Policies: The Draft "Living City Policies", Toronto and Region Conservation Authority and "Watershed Management Futures for Ontario", Conservation Ontario Whitepaper: 1. THAT Report PLN 15-13 of the Director, City Development regarding the draft "Living City Policies" of the Toronto and Region Conservation Authority and the "Watershed Management Futures for Ontario", a Whitepaper by Conservation Ontario, be received; 2. THAT City Staff comments on the draft "Living City Policies" of Toronto and Region Conservation Authority, as set out in Appendix I to Report PLD 15-13, be endorsed, and Toronto and Region Conservation Authority be requested to reflect the comments in the final "Living City Policies" and that TRCA be requested to respond in writing to the City of Pickering with respect to these matters; Summary of Correspondence - 4 - September 30, 2013 3. THAT Pickering Council advise Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs, that the City of Pickering does not support: a) transfer of ownership of flood control infrastructure to municipalities from Conservation Authorities; and b) delegation of the authority for policy interpretation for natural heritage protections under the Planning Act to Conservation Authorities from municipalities; 4. THAT Pickering Council request that area municipalities be invited to participate in the discussions about a new funding formula for Conservation Authorities that may have direct impacts on municipal interests; and 5. FURTHER, THAT copies of Report Number PLN 15-13 be forwarded to the Toronto and Region Conservation Authority, the Region of Durham, other Durham Region local municipalities, the Association of Municipalities of Ontario, Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs." 1 - 13 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on September 18, 2013, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities: "a) THAT Report#2013-P-50 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report#2013-P-50 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." Summary of Correspondence - 5 - . September 30, 2013 CORRESPONDENCE FOR DIRECTION D - 1 Don Head, Commissioner, Correctional Service Canada (CSC) calling on all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim "Restorative Justice Week 2013", from November 17 to 24, 2013; and, advising that this year's theme "Inspiring Innovation" encourages the sharing of leading edge examples of restorative justice as an inspired approach to justice and showcases the field's achievements in hopes that those working in restorative justice will seek novel ways to contribute further to this valuable work through new technologies, resource options and service models. (Motion to Proclaim) D - 2 Angela Tibbles, Chair, Clarington Heritage Committee, requesting that February 17 to 23, 2014 be proclaimed "Heritage Week 2014" to showcase Clarington's heritage and to assist residents in discovering interesting historical facts about the Municipality; requesting permission to install a banner at the western edge of Bowmanville from February 1 to 23, 2014 to promote the week and events; advising the theme for "Heritage Week 2014" will focus on Clarington's agricultural history; and, encouraging Members of Council to participate in the events to celebrate Heritage Week. (Motion to Proclaim and to approve the installation of a banner and to advise Veridian) D - 3 Don Cooper, Past President/Poppy Chairman, Royal Canadian Legion Branch 178, requesting permission to raise the Poppy Flag on Thursday, October 24, 2013, in support of the 2013 Poppy Campaign which starts on October 25, 2013. (Motion to approve the raising of the Poppy Flag on October 24, 2013) D - 4 Keith MacDonald, Gate 3:16 Outreach Centre, requesting permission to host the "Ride for Refuge", a 10km and 25km fundraising bike-a- thon event on October 5, 2013, from 8:30 a.m. until approximately 2:00 p.m., and forwarding proposed routes which will start and end at Hope Fellowship Church at 1685 Bloor Street, Courtice. (Motion to approve provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Summary of Correspondence - 6 - September 30, 2013 D - 5 Anne Lannan, Ontario Community Newspapers Association, forwarding information on the Ontario Junior Citizen of the Year Awards, a program to recognize outstanding young people in their own communities who exhibit courage, leadership and community spirit; and, requesting assistance in promoting the program. Nomination forms are available at www.ocna.org, by calling OCNA at 905-639-8720 or by e-mail at k.gorven .ocna.org. The deadline for nominations is November 30, 2013. (Motion to refer correspondence to the Municipal Clerk to place on the Municipal website) D - 6 Barbara Montague expressing concern with the lack of funding for rural roads; advising that last spring a fast flowing river tore Best Road apart and while a crew patched the road in a timely fashion, the destruction to the road could have caused harm or damage to vehicles; and, acknowledging that she has addressed the issue of the reconstruction of Best Road with staff on several occasions and has been advised of the lack of funding for rural road maintenance. (Motion for Direction) D - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Bob Chiarelli, Minister of Energy, advising that on September 18, 2013, Regional Council adopted the following resolution pertaining to update on Provincial Energy Planning consultations, Regional staff participation and opportunity for Regional Council input to the reviews of Ontario's Long Term Energy Plan and Conservation and Demand Management Framework: "a) THAT Joint Report#2013-J-23 be submitted to the Minister of Energy and the Environmental Bill of Rights Registry (EBR) as Durham Region's response to EBR postings 011-9490 and 011- 9614; b) THAT the Region recommends that the Province develop guiding principles for energy planning including meaningful engagement with the public and municipalities, respect for municipal official plans, transparency, economic benefits, accountability, efficiency, equity and sustainability; c) THAT with respect to Ontario's energy supply mix, the Ministry of Energy be advised that Durham Region: Summary of Correspondence - 7 - September 30, 2013 i) supports the continued use and development of nuclear energy as reliable source of baseload electricity and a key element of Ontario's energy supply mix; ii) supports the development of electric power facilities, including renewable energy facilities in appropriate locations determined in consultation with willing area municipalities and through proper environmental assessment and land use planning processes; and iii) advocates for adequate and effective provincial incentives for Regional and local municipalities to incorporate renewable energy installations on/in (existing and new) municipal facilities to supplement their energy needs and potentially sell power to the grid; d) THAT the Region recommends that in developing Ontario's Long-Term Energy Plan, the Province should conduct a more integrated evaluation of: i) the economic, environmental, community and land use impacts of a particular mix of energy sources (hydro, nuclear, gas, wind; solar biomass, etc.); ii) the mix of energy facility sizes and locations that will lead to a resilient supply system; and iii) the costs and environmental impacts of the transmission/distribution systems associated with the proposed energy supply mix; e) THAT the Region further recommends in setting its energy policy, the Province recognizes the importance of affordable, reliable energy coupled with reduction in greenhouse gases as important determinants of human health, community well-being and environmental protection; f) THAT with respect to safeguarding drinking water sources, the Region recommends that the Province ensure that energy projects not introduce significant drinking water threats into an intake protection zone or wellhead protection area. Any potential contamination pathways into an aquifer created by an energy project must be properly regulated by the Province (e.g. dewatering wells or geothermal installations should be regulated under O.Reg. 903); Summary of Correspondence - 8 - September 30, 2013 g) THAT with respect to environmental protection, the Region urges the Province to support removal of the nuclear waste from the Darlington and Pickering nuclear sites as expeditiously as possible, away from large and growing urban centres and the Lake Ontario drinking water supply; h) THAT with respect to the energy conservation framework, the Region recommends that the Province support municipal efforts to contribute to conservation and demand management targets through: i) stable and improved provincial incentives, funding supports and technical supports; ii) reduced administrative and reporting burdens; and iii) more collaborative efforts with Local Distribution Companies (LDCs) and other key industry stakeholders; i) THAT the Region recommends that the Province makes power produced by municipal energy-from-waste facilities eligible for renewable FIT (feed-in-tariff) pricing; j) THAT with respect to the voluntary Municipal Energy Plan (MEP) Program, the Region recommends that the program be amended to extend provincial funding, resources and technical support to upper-tier municipalities to complement MEP funding provided to lower-tier municipalities since upper-tier municipalities may be required to acquire new technical expertise to provide input to these comprehensive plans; k) THAT the Region recommends that the Province works with the Municipal Property Assessment Corporation (MPAC) to consult municipalities about the appropriate valuation of traditional and alternative energy installations (e.g. nuclear plants, wind turbines) through the property assessment system to fairly represent the value of the facilities; 1) THAT the Province be advised that the Region shares the views of the plans for nuclear refurbishments and nuclear replacement build in the 2010 Long Term Energy Plan as well founded and which should continue to be implemented; and Summary of Correspondence - 9 - September 30, 2013 m) THAT copies of Joint Report #2013-J-23 be forwarded to Durham's area municipalities, Durham's conservation authorities, Local Distribution Companies (LDCs), the Association of Municipalities of Ontario, and the Canadian Association of Nuclear Host'Communities." (Motion for Direction) D - 8 John R. O'Toole, MPP, Durham, providing an update on Bill 44, the Capacity to Pay Act, 2013, regarding arbitration reform, expressing concern that the Liberals and the New Democrats voted together against'the Capacity to Pay Act, 2013 earlier this year and against the Ability to Pay Act, 2012, the previous year; indicating that the Association of Municipalities of Ontario (AMO) has endorsed Bill 44, the Capacity to Pay Act, 2013, and that MPP Jim Wilson, Opposition House Leader, has written to the Liberal and NDP House Leaders asking that they bring forward comprehensive arbitration reform; and, urging Council to reaffirm its stance on the importance of fixing the broken arbitration system and to continue to advocate with the provincial government for the reforms Ontario municipalities need. (On November 5, 2012, Council received correspondence with respect to this matter for information.) (Motion for Direction) D - 9 Kristiina Loorand, Operations Manager, National Diabetes Trust, requesting Council to enact a by-law to regulate the placement and maintenance of clothing donation drop boxes in Clarington; indicating that the Trust has over 25 years of experience in the collection of used clothing for the purpose of providing funding for charitable work and diverting 46 million kg from landfills annually and have developed practices including obtaining partner permission prior to Drop Box placement, regular Drop Box servicing; contact number and Charitable registration number on all Drop Boxes and maintaining communication with partners to address concerns; and, advising that the Trust feels that a charitable Drop Box By-law influenced by their proven practices would benefit the needs of the Community. (Motion for Direction) D - 10 Joanne L. McMillin, City Clerk, City of Kenora, writing to the Honourable Kathleen Wynne, Premier of Ontario, advising that on September 17, 2013, the City of Kenora adopted the following resolution pertaining to a Provincial ban of flying lanterns: Summary of Correspondence - 10 - September 30, 2013 "THAT Council of the City of Kenora hereby petitions the Provincial Government to have flying lantern devices banned from use and sale in the Province of Ontario; and THAT Council of the City of Kenora circulates a copy of this resolution to all Ontario Municipalities for endorsement and support; and further THAT the City of Kenora Fire and Emergency Services initiate enforcement action when the identity of the owner of the device can be determined, through appropriate sections of the Ontario Fire Code." (Motion for Direction) D - 11 Dennis Purcell, Chair, Bancroft & Hastings Highlands Disaster Relief Committee, advising that on May 16, 2013, the Minister of Municipal Affairs and Housing declared the Town of Bancroft and the Municipality Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP), in response to flooding conditions which caused severe infrastructure damage to homes and businesses; indicating that under ODRAP, the province will top up funds raised to pay eligible claims at 90 per cent up to a maximum of$2:$1 ratio; indicating that following preliminary assessments by the Provincial Disaster Assessment Team, the Committee has set a financial goal of$87,500 and is making measurable gains towards meeting this goal by the fundraising campaign deadline of October 31, 2013; and, requesting Council consider a donation in any amount for this worthwhile cause. (Motion for Direction) D - 12 Sylvia Jones, MPP, Durham-Caldedon, forwarding details of her Private Member's Bill, Bill 56, the Aggregate Recycling Promotion Act, which, if adopted, would ensure that recycled aggregates can be included in construction projects paid for with public money; advising that research has proven that recycled aggregates are as safe and reliable as primary aggregates and that the Aggregate Recycling Promotion Act balances the need for aggregate extraction by encouraging the use of recycled aggregates; forwarding an overview of the bill; and, requesting feedback on the Aggregate Recycling Promotion Act. (Motion for Direction) D - 13 Confidential correspondence regarding a personnel matter. (Circulated confidentially under separate cover) (Motion for Direction) Summary of Correspondence - 11 - September 30, 2013 D - 14 Confidential correspondence regarding a personnel matter. (Circulated confidentially under separate cover) (Motion for Direction) I - 1 Draft minutes—Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY SEPTEMBER 10, 2013 7:OOPM Present: (Voting) Karin Murphy Kate Potter Geoff James Pat Mulcahy Melanie McArthur Brian Reid(Chair) Michael Goleski Jim Cleland Councillor Corinna Traill Regrets: Suzanne Land Absent Greg Wells—GRCA Bonnie Seto 1. Agenda Acceptance of Agenda The following items were added to the agenda: -Signage MOVED: by Karin Murphy, seconded by Geoff James THAT: the agenda for September 10, 2013, with additions be accepted. CARRIED 2. Minutes of June 11,2013 Approval of Minutes MOVED: by Councillor Traill, seconded by Kate Potter THAT: the minutes of June 11, 2013 be approved. CARRIED S\h,'NA Seine. bor 2013 Minutes 2 3. Items[Updates Litter Pick-up With the advent of the salmon fishing season on the Wilmot Creek.there has been a large increase in litter at the mouth of the creek and along the edge of the creek, primarily on the east side. Brian Reid reported that he did a litter pick up earlier in the week and that there was a lot of litter piled next to the garbage container in the Toronto Street parking lot. Operations had already picked-up that garbage by the time of the meeting. Karin Murphy also did a litter pick-up in the Cobbledick side earlier in the week. On Monday September 16 at 5:30PM committee members will be meeting at the Toronto Street Parking lot to do another litter pick-up. After the fishing season is completed, around the end of October, another litter pick-up will be arranged with the same anglers group that has helped the past two years. The date and time will be announced at the October meeting. Brian Reid suggested that two more 45 gallon drums could be installed on a temporary basis at the barrier beach during fishing season. He would make sure they are emptied on a regular basis. A request will be made for Operations to supply two additional 45 gallon drums. Birds Of Prey re-cap Mountsberg Wildlife Centre was retained to do an on-site presentation about native raptors on June I 5th. Several committee members attended along with about 70 members of the public. All agreed that the presentation was excellent but it went on a little too long to maintain the interest of younger children. If the event is done again we will ask the presenter to limit the presentation to 45-60 minutes. Scavenger Hunt-September 21 At the April meeting the committee agreed to host a scavenger hunt to help raise awareness of the SWNA and promote environmental stewardship. The scavenger hunt has been designed for young children. A list of items has been determined for children to locate and check-off on a sheet that will be handed out to participants. A prize will be handed out to all participants at the end of the hunt. Potential prizes could include, bird seed, SWNA button, environmentally themed colouring book. Staff will look into acquiring a suitable prize for participants. Participants will be given 45 minutes for the hunt which will be followed by a presentation by Pam Lancaster, the GRCA Stewardship Co-ordinator. Advertisements for the event have been posted around the SWNA and on the Clarington web site. SWNA Septomber*2013 Minute: It was recommended that the event should be advertised on the Clarington page of the newspaper. Peter Windolf will follow-up on the request. Bird House Removal A date will be established after the Scavenger Hunt for the removal of birdhouses. The date will be e-mailed to committee members prior to the October meeting. Pat Mulcahy Resignation Pat will be moving to Oshawa and will be resigning from the committee following the Scavenger Hunt event that she helped organize. Brian Reid thanked Pat for her years of commitment to the SWNA and wished her well in the future. The committee discussed the merits of having the vacant position filled considering there is only one year left in the term of the committee and that there are no applications on file. Members agreed that the position should be filled. The Clerk's office will be asked to advertise and fill the position for the remainder of the term. Signage Two signs need to be re-installed. The wetland Habitat sign leading to the Cobbledick side viewing platform and the No Hunting sign by the barrier beach have both been knocked over. Operations will be asked to re-erect the signs. 4.-Other Business Melanie reported that a cyclist fell on the hill leading to the pedestrian bridge. It was recommended that a warning sign be installed at the top of the hill on the east side of the bridge. Unless it has been removed there already is a sign at that location. Michael speculated that the gravel trail may need to be compacted at this location. The site will be investigated to determine the condition of the trail and if the sign is still there. Jim and Karin reported that there is a washout on the Lake Meadow Trail at the location of the new culvert(about half way to the lake). It was also reported that the grass was not being cut very frequently in 2013 along the edges of the trail. In 2012 it was done regularly but this year it was allowed to grow very high before it was cut. Operations will be advised of the committees concerns. 5. Motion to Adjourn MOVED: by Karin Murphy SECONDED: by Mike Goleski THAT: the meeting be adjourned: CARRIED SWNA Seplonihcr2013 Ndimut" 4 Adjournment: 8:00 P.M. Next Meeting: Tuesday October 8, 7:OOPM Room IA Notes prepared by: P. Windolf 1 - 2 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting September 17, 2013 MEMBERS PRESENT: Allan Kirby Bonnie Seto Tenzin Gyaltsan Councillor Hooper Colin Maitland Karin Murphy Joseph Earle David Reesor REGRETS: Angela Tibbles, Tracey Ali; Kim Vaneyk and Ruth Goff (Ex-officios) STAFF: Faye Langmaid, Kristy,Kilbourne GUESTS: Jayne Salisbury, Barn Book Project Volunteer Councillor Hooper welcomed all to the meeting. DECLARATION OF PECUNIARY INTEREST--None declared. ADOPTION OF AGENDA.. 13.20 Moved by Allan Kirby, seconded by Colin Maitland THAT the agenda be adopted. "CARRIED" ADOPTION OF MINUTES 13.21 Moved by Karin Murphy, seconded by Joe Earle THAT the minutes of June 18th, 2013 be accepted. "CARRIED" PRESENTATIONS Barn Book Proiect Jayne Salisbury, Barn Book Project Volunteer, spoke about her experiences visiting participating property owners' barns. A letter went out to just under 600 barn owners in July and approximately 100 owners responded to indicate they would be willing to participate in the barn inventory/publication project. Jayne indicated that there had been a positive response from all participants she had visited and that they were more than willing to share information about their barns and their.history. While there are similar elements to each barn, especially with regard to the interiors, each barn is also quite unique. She noted it takes approximately an hour toan hour and a half to do each visit and that it can be done more quickly if there is more than one person going out — one to do the surveying and the other to do the photographing: They are still looking for volunteers to assist with the property visits..Tenzin and Councillor Hooper also spoke about their own experiences assisting in the project. It was mentioned that NVDHS has a video of the Pollard barn being built. BUSINESS ARISING Ontario Heritage Trust (OHT) Nominations for 2013 A report containing the Committee's recommendations will go to;the next General Purpose and Administration Committee Meeting.-;There were no submissions from members of the public. Toll House — The Toll House is still listed for sale by the realtor, no demolition permit has been applied for. NVDHS would d-like;to find:an interested buyer willing to move the house. 407 Salvage Update — A few weeks'ago, the MTO and their architectural consultants, ASI, held a meeting at the MAC for designated property owners who responded to the letter sent out back,-in February, expressing interest in salvaging materials from the 407 expansion project There were`8 interested parties and the meeting was quite positive with some informal networking taking place where some property owners had some of the materials others were looking for or knew of a contractor or supplier for certain desired items. The MTO and ASI were optimistic that many of the items on the property owners' wish lists could be satisfied by the 6 heritage properties they intended on opening up for salvage. It was also determined that an iron fence will be removed from one of the other MTO owned properties and donated to the King Lane Cemetery, Hampton. Two opportunities for site visits were arranged for September. One has already taken place. Karin and David attended to take photos of the buildings prior to salvage and demolition taking place. The Committee reviewed the photos taken by David and Karin. Walbridge House — The structural works necessary to stabilize the foundation and framework of the Walbridge House have been completed and they are seeking approval for the siding and window frames. A sample mock up was provided by Jim Sculthorpe, Contractor, which the Committee reviewed and discussed. The following motion was passed in support of the proposed alteration: 13.22 Moved by Allan Kirby, seconded by David Reesor "THAT the CHC recommends approval of the proposed cape cod wood siding material, double hung wood window frames with storms in their original locations and configurations on the west, north, east walls; and as shown in the drawings for the south wall of the Walbridge House at 483 King Avenue East, Newcastle." "CARRIED" Candidates for designation: Knox family, 6325 Enfield Road: The Report for the designation-;has been written. Faye has followed up with Jenny to inform her that we are waiting on the list of features to be designated. It is the hope that this will be receiaed by November at the latest'so that the presentation of the plaque could-tbklex placing during,Heritage Week 2014:: Camp 30` In light of the National Designation this past April, and recent national media coverage on Camp 30, at last,night's Council Meeting a resolution was passed for representatives from the ACO, Museum, the M.I.P., M.P.P, Ward 3 Local Councillor, and the property owner to come together to determine who should form the charitable foundation and also to determine a Task Force to generate ideas for reuse of the property. The Community Development Council of Durham has offered to assist in helping with the formation of a Foundation. Part of this resolution was also for the Planning Department to bring forward a budget in 2014 for work that would advance the protection of Camp 30. REPORTS from OTHER COMMITTEES (community improvement plans, etc) Bowmanville CIP — Councillor Hooper provided a review of the July meeting, a power point presentation was shown with before and after photos of the Bowmanville CIP projects that have received grant money to date. An update on the Heritage Incentive Grants Program was also provided. Grant funding was awarded to designated heritage property owners in the amount of 20-25% of the cost`of their projects. 3 of the 5' recipients this year were in Bowmanville. The next meeting will take place October 16t" Newcastle CIP — Newcastle CIP did not meet over, the summer as they had an additional meeting in the `spring to discuss the..draft Urban Design Guidelines for Newcastle. The next meeting will take place October 24th Orono CIP — The Orono CIP met on July.3`. At this meeting a before/after power point presentation was provided. There has been.a recent surge in applications in Orono after a quiet past couple of years. The next meeting will take place October 2"d. ACO, Clarington Branch — Tracey was not present to give a report. Faye reported that they held a BBQ in Tyrone in the summer to thank all of the Doors Open volunteers and property owners. ACO is actively working on I Camp 30, it.is on the top 10 list of most threatened sites in Canada:irregardless of the National-designation. Newcastle Village and District Historical' Society (NVDHS) — Allan reported that an antique Massey plow has been -installed in front of the Community Hall. NVDHS has produced..,a banner, In celebration of-Bond Head's 175t" anniversary, they are working on creating a book. .They are _also participating in Culture Days this year with the Clarington Public Library.`'A few.NVDHS members continue to make videos featuring community members telling;_,stories`of earlier years in Newcastle and they recently finished a video of the box.factory (former Massy building). Pursuant to the resolution passed at the last meeting; the Clarington Heritage Committee has completed an application form to' become a member of NVDHS and provided a cheque to cover the fees. Clarington Museums and Archives — Bonnie informed the Committee that the Museum is busy preparing for their annual Pig Roast Fundraiser which will be held at Tooley Mill .and that Marilyn Morawetz was appointed as the CMA rep for Camp 30 committee. Also, pursuant to the resolution passed at the last meeting, the Clarington Heritage Committee has completed an application form to become a member of CMA and provided a cheque to cover the fees. Heritage Week Working Group — Kristy provided an overview of the last Heritage Week Working Group meeting (Attachment 1) which met on September 12tH. Several of the Committee members were in attendance. This year's theme will be Clarington's agricultural heritage. This will serve as an opportunity to promote the barn book project as well. The CHC will be hosting one or more movie nights this year in the Council Chambers, based upon the success of last year's movie night. The next meeting of the working group will be held October 17tH CORRESPONDENCE and COUNCIL REFERRAL Public Information Session — Newcastle Urban. `Design Guidelines — Notice was circulated electronically to all members of the Heritage.Committee inviting them to attend a Public Information Session on the Newcastle Urkian__Design Guidelines. The session will take place on September 24tH from 6:30-8:30pm at Newcastle Community Hall. The Committee received a presentation..from Ruth Porras,`Senior Planner, at the June Meeting. Heritage Conservation Districts & Heritage Property Insurance Workshop — Community. Heritage Ontario and the Town of Ajax are hosting a half-day workshop on October 3`d from 8:30am to noon with a presentation on`how Heritage Conservation Districts work,.a panel on communication ideas, the role`.of the consultant, and the success of HCDs, and a question and answe r session with members ;from the Insurance Bureau of Canada on insurance and heritage properties.. The Committee passed the following resolution 13.23 _ Moved by Karin..Murphy,`seconded by Bonnie Seto "THAT.the CHC approve all interested members to attend this workshop and that the cost;of $30 per person be covered through the Heritage Committee's budget." "CARRIED" PROJECT REPORTS Inventory Photographs — See update on 407 Salvage above. NEW BUSINESS Historic Tours Update There are several tours (walking/driving) available on the Heritage Committee website and they are quite popular. The Tourism office has also asked for additional copies of the tours that have been provided to them. Two older tours circa 1980 are in need of updating so that they can also be added to the website. Scanned copies are available for any volunteers to work on (e.g. take the tour and update the information). Allan will pass along the tours to NVDHS to work on updating the Newcastle portions. In addition to the tours on the Heritage Website, the" Museum offers guided walking tours of Orono, Bowmanville, and Bowmanville.Cemetery.for a small fee periodically. It was suggested that Tourism could explore attaching QR Codes to the stops on tours in the future as this is being done in other jurisdictions for events such_as Doors Open. Baker Farm 4th Concession Property Preservation Proiect A student at Willowbank, a heritage, restoration/preservation school which teaches the old arts of building and construction, approached the;municipality about salvaging items from the 407 for restoration of a property on- the 4th concession that was damaged by fire a few years ago. Though the request came in after the meeting that was held for interested property owners the MTO`has made accommodations for the project. The property is not designated but could potentially.be in'the future. It was suggested that the student be approached to` do a presentation or a tour for the Committee on her project. Orono Town Hall A while back the doors on Orono:Town Hall were replaced with doors that contained arched windows at the top, 'which had,been ordered and agreed to by the Orono Town Hall Board While many residents prefer the look of the old doors (without the arched windows), they are .no longer in a usable condition. Operations have tried to salvage them but they are too, deteriorated. The newer doors are now quite weathered. The Operations Department has indicated that the doors are in need of maintenance and they will be painting the doors a hunter green colour. David Reesor moved the meeting be adjourned. Next meeting: October 15th, 2013, 7:00 p.m., at Clarington Municipal Offices, Room 1A Attachments Attachment 1 — Heritage Week Working Group Minutes from September 12, 2013 Attachment 1 Heritage Week Co-ordination Working Group Meeting Held at Room 1C on Thursday, September 12, 2013 Attending: Angela Tibbles (CHC) Dionne Powlenzuk (Visual Arts Centre) Bernice Norton (ACO) Emily (A Gift of Art) Julia Fielding (Museum) Tenzin Gyaltsan (NVDHS) Councillor Hooper (Bowmanville BIA) Faye Langmaid, Kristy Kilbourne (Planning Services) Patti Barrie (Abandoned Cemeteries Board) Karin Murphy (CHC) Welcome and introductions. Review of the minutes of the last meeting. Review of Heritage Week 2013: At the last meeting it was decided that the preferred direction for Heritage Week 2014 was to broaden community engagement (approach the School Boards and OPG), focus more on inside activities due to weather at this time of year and to build on successes from last year such as the movie night, book sales, and family day activities. Planning for Heritage Week 2014 Heritage Day is February 17, 2014 (Family Day) and Heritage Week will be taking place the week of February 17-23rd, 2014. Barn Book Project (Faye/Kristy) The Clarington Heritage Committee has recently embarked on a barn inventory and publication project focused on barns and agricultural out-buildings erected earlier than 1940. This project has garnered a lot of interest from the agricultural community with approximately 100 property owners participating by allowing access to their property for a working group to photograph their barns and by sharing some of the history of the property and the barn through stories and older photographs. The 407 construction has also been a catalyst for this project as several barns have been demolished in the path of the highway. The working group was able to visit and photograph these properties before their demolition. 1 There was general consensus that a good theme for 2014 would be Clarington's Agricultural Heritage. Having a theme will more easily enable people to get on board with participating in Heritage Week. For example, downtown merchants could have agricultural themed window displays. It was also suggested that a celebration of the 20th(Clarington) and 401h (Town of Newcastle) anniversaries might also play a role in the week and that the 4-H and local horticultural groups might be engaged in the week. Bowmanville B.I.A(Ron Hooper) It was suggested that the Van Stone Mill along with the miller's house and the building where Tim's Rentals is could be a feature of Heritage Week 2014 as they are the oldest buildings downtown and serve as a gateway to Downtown Bowmanville. Questions arose around whether part of the Mill where the feed business used to be could be used for Heritage Week. Another idea was the possibility of having themed letters throughout Clarington —which would spell out Clarington and could be focused around the agricultural theme This was recently done in Orillia with crows. CHC(Angela) Based on last year's success, the CHC would be happy to organize another Film Night. It was suggested that the Film Night could take place in the Council Chambers and that there could be one or more screenings of local films such as the ones on Newcastle and Bowmanville that have been shown in the past. Abandoned Cemeteries (Patti) Could prepare a display on family plots in the Countryside with some photos to be taken this Fall for display at the Film Night. Clarington A.C.O (Bernice) The ACO would like to partner with some of the other groups to put up their display panels during the week. They would be willing to do a brief presentation about their agricultural interests and more generally about the ACO at one or more of the Film Nights planned for the week. It was also suggested that Camp 30's agricultural history be promoted. Clarington Museum (Julia) The Museum is planning on doing a Family Tree activity on Family Day and also possibly a create your own family crest art activity as well. It was suggested that one way of tying this activity to the agricultural heritage theme is to also pose the question of finding their own particular link to agriculture in their family tree (Farmer, Agricultural Implement Maker, Miller). 2 NVDHS (Tenzin) NVDHS has screened movies in the past which have been popular. They will look into which movies they have available and whether hosting a movie night at the Community Hall would-be feasible. It was suggested that a focus for Newcastle be the Massey history. Visual Arts Centre (Dionne) The idea of an artist contest/tour to various sites to paint the properties was brought up followed by a competition where the public would vote on the best painting. VAC art displays for Heritage Week are also possible for the MAC and the Library Mezzanine. Some of the art might focus on barns or the agricultural theme. A Gift of Art (Emily) A Gift of Art is considering planning a studio activity for the week which could use the agricultural heritage theme. They could also put out a notice to their artists about Heritage Week and the theme so that they have some pieces related to agriculture in their gallery for the Week. Promotion - Veridian has confirmed that they will be replacing the Heritage Week Banner at their cost for this year. - It was decided not to use the Post Cards this year but to stick with Posters. These can be designed in-house by the Communications Department using local artist Todd Tremeer's artwork from last year or other works. - It was suggested that Durham Tourism be engaged in helping to promote Heritage Week (one avenue is through Kerry King's column in Metroland). - Applefest would be a good venue to promote Heritage Week 2014—the ACO, Museum, and B.I.A will have booths and could put "save-the-date" material out. - The municipal website, heritage website, and social media will also be utilized to promote the week. A final list of activities for the week will be needed by December at the latest in order to have them included on the Community Calendar. Other Business: Next Meeting: Thursday, October 17, 2013. Room 1C (Library), Municipal Administrative Centre 3 List of Action Items for Next Meeting Person(s) Tasks Responsible All Think about which activities/events they'd like to pursue for Heritage Week 2014 Dionne -Ask local artist Todd Tremeer about agricultural themed work we could use for promotional material. - Look into reserving the space in the library and/or the hallway of the MAC for Heritage Week art displays. - Investigate possibility of a class doing art related to barns/agriculture. -Approach the School Boards about involvement (from March Meeting) Ron - Discuss possibility of further involvement from the Library with Library Board (from March Meeting) Faye/Kristy - Speak with Ag. Advisory Committee members about 4-H involvement - Prepare a Save the Date card for AppleFest displays. - Work with Dionne/Communications to have some ideas with regard to the artwork for the next meeting. - Prepare letter for the Council Agenda for endorsement to hang the banner - Contact owner of the Van Stone Mill to see if they would be interested in participating in Heritage Week 2014 -Test a film in the Council Chambers to ensure sound is adequate. Book room if sound is not a problem. Julia -Approach Central School about becoming involved—possibly through art. - Investigate whether the Museum have any artifacts related to the Van Stone family/mill. Angela -Approach Charles Taws about writing a piece on the Van Stone Mill in his column for the Promoter if a publication date coincides with Heritage Week. Tenzin - Determine which of NVDHS' movies might be good for screening for Heritage Week and whether the Community Hall would be available for a screening. -See what NVDHS has on the Massey history and the box factory 4 1 - 3 AGRICULTURAL ADVISORY COMMITTEE of CLARINGTON MEETING THURSDAY, Sept 12t", 2013 MEMBERS PRESENT: Brenda Metcalf John Cartwright Eric Bowman Eric Bowman Don Rickard Jenni Knox (7:35) Les Caswell Mary Ann Found (7:40) Councillor Partner REGRETS: Tom Barrie, Ted Watson, Mark Bragg, Gary Jeffery STAFF: ? Faye Langmaid, Kristy Kilbourne GUESTS: Erin O'Toole (MP), Councillor Hooper - Brenda welcomed all to,the meeting, everyone introduced themselves tq.the guests. Adoption of Agenda, 013-20 Moved by Eric Bowman, seconded by Don Rickard - That the Agenda for September 12, 20t13`be adopted' - 3 CARRIED Approval of Minutes ,013-21 Moved by John Cartwright, seconded by.Councillor Partner... "That the minutes of the July 11«, 2013 meeting be approved"- . CARRIED S } t t Erin O'Toole provided an overview.of_his accomplishments and commitmentto_agriculture over_ his first 0-months-in office - Highlights included: - - Agriculture is a top priority for Clarington and is the fabric of our heritage and culture. - The Federal Government runs the Canadian Summer Jobs for Youth program. The MP can set local priorities.This past summer they were agriculture and agri-tourism, tourism, and municipal and cultural organizations. - Recently he attended the Ontario Fruit and Vegetable Growers Tour which was held in Clarington. He believes that value-added is a huge win and is looking to support more of this type of growth in the agricultural sector in Clarington. - He attended a meeting in Nestleton regarding a Federal Abattoir for Durham. Most large chain grocers only use the Federal Abattoirs so that they have one consistent standard across the country. Having a Federal Abattoir locally would also enable access to the growing ethnic market in the GTA. Erin has pledged his support for the facility if the producers want it. Producers will need to make a substantial investment in order to make it viable. Agricultural Advisory Committee of Clarington September 12th, 2013 Erin also met with the Durham Dairy Farmers regarding a major trade negotiation that will allow access to the European market. The Federal Government has assisted with providing funding for accessibility upgrades for the Orono Fair. Erin also attended the many fairs that took place across Durham Region and is happy that the Orono Fair is still largely agriculturally-focused. Questions that arose were: • The best way of getting in touch -through his Executive Assistant, Cheryl, who runs both the Bowmanville and the Ottawa offices. Response should be prompt unless the House is sitting in which case there could be a bit of a delay. His email address is: erin.otoole(cDparl.gc.ca • Whether he knew anything about a recent court casein the US on the labelling of beef and country of origin. He had not heard anything about this but did know that there are challenges in particular with Alberta Beef of the'Angus variety as the type of feed used is banned in Europe. Should the Committee pass any motions related to federal legislation, they will send a copy to Erin. Countryside Discussion Paper The Countryside Discussion Paper was,the last installment.of discussion papers released by the Planning Department,for the Official Plan update.The paper was released in August and public information centers were held,in Mitchell Corners, the Orono Fair and Tyrone. Faye provided a presentation summarizing fhe five key themes.in the paper which were: 1) The merging of Prime Agriculture and General Agriculture Designations 2) Accessory and Secondary Uses 3) Major recreational uses such as golf courses 4) Rural Settlements and Housing -population change, retirement lots, estate subdivisions; and 5) Urban/rural fringe and whitebelt lands Both the Greenbelt Plan and the Durham Region Official Plan will undergo review in 2015. Faye is collecting.feedback and would like both individual and collective feedback before the end of September.'A large Official.Plan Amendment is anticipated for the fall with public meetings for February..,. Business Arising from Minutes Official Plan Review—As presented. Secondary Uses —A sub-committee was struck at the last meeting to further investigate and discuss the evaluation criteria. Ted, Tom, Brenda and Jenny agreed to be a part of this group and they will meet with Faye over the next month to discuss now that the Public Information Centers are complete. Faye will send out an email with the meeting date, time, and location to the entire committee in case anyone else would like to join in the discussion. Agricultural Advisory Committee of Clarington September 12th 2013 Orono Fair Display - As usual, the Committee's display was up in the Agricultural Building and received positive response. The display will likely need updating for next year. Correspondence and Council Referrals None. Liaison Reports DAAC — DAAC has not met since the last meeting but they did host their annual tour which was successful. At their last meeting they had a presentation on the Pickering Airport Lands for which the lands have been held since the 1970s. There:are approximately 18,000 acres. 5,000 of those acres will be going to the Rouge National Park and approximately 4,000 went out for public consultation to determine the best use of those_ lands. Erin Q'Toole is hoping for some of the lands to be allocated to agricultural uses_ or value-added uses like processing. A needs assessment has shown that an airport in that area is likely not a possibility until 2028-2037. Consequently, long term agricultural leases are an option. However some lands have been fallow for many years so it may take a lot of work to.get them.;back into shape for production. October 24th is Durham Region Day,at Queen's Park;:_ DRFA — DRFA has not met since the;last`meeting but they have been proceeding with their agricultural education strategy and attended the,DAAC Tour. ,(attendance was approx. 100), Orono Fair, etc. At the Orono Fair, they saw roughly 600 kids (grade 3) on Friday and then were also quite busy on Sunday. CBOT— CBOT is trying,to develop a directory, of all farming activities in Clarington to provide to interested persons. They are still in the process of determining how much information is required for this directory CBOT discussed the ;1"emporary-Use Rezoning Application to allow camping on agricultural lands related to activities at Canadian Tire Motorsport Park. While they see many economic development and tourism positives to allowing the use, they did not make any endorsements as they didn't want to weigh into land use issues. CBOT discussed' conversion of whitebelt lands to greenbelt. They felt was a positive step but might potentially be.opposed by developers with land holdings in the whitebelt. The Mayor will be holding his annual address in Newcastle on September 271H Future Agendas Update on the progress of the EFW facility (Covanta), Ontario Farmland Trust Presentation, Summer Clarington Passport for Farm Markets, etc. Other Business Use of agriculture land for camping - It was mentioned that the lands are really not viable for agricultural after use as temporary campgrounds due to the garbage left behind which poses the risk of damage to farm equipment and cattle (in the bales). Camping limits the field to only one Agricultural Advisory Committee of Clarington September 12th, 2013 crop which would be hay. No second cut came off as the event manager had already mowed the field without communicating with the farmer who had rented the land. The camping is limiting the agricultural use of the land. Barn Book Project—The Clarington Heritage Committee has embarked on an inventory of barns older than 1940 with the long-term goal of creating a publication on Barns in Clarington. A letter went out to 600 barn owners in late July and approximately 100 owners have offered to participate in, the project by allowing access to their property for the working group to photograph and collect information on the barns and their.history. The Heritage Week Working Group also met recently and have decided on the theme of Clarington's Agricultural History for Heritage Week 2014 which will take place the 3`d week of February. They are seeking involvement from 4-H. Atlas Salesman —There is a salesman touring the countryside:approaching property owners about inclusion on a new version of the Belden Atlas. There are, varying price points for inclusion but they start around $400. Don Rickard moved for Adjournment. Next Meeting October 10th, 2013, 7:30pm. Agricultural Advisory Committee of Clarington September 12th, 2013 1 - 4 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE September 4, 2013, 6:00 P.M. Newcastle Branch, Clarington Public Library Present: Sylvia Jaspers-Fayer, Chair Shea-Lea Latchford, Vice Chair Sally Barrie Councillor Partner Absent: Jennifer Forde Tim Hick Andrea Horgan Also Present: Patti Barrie, Municipal Clerk 1. ADOPTION OF MINUTES Moved by Shea-Lea Latchford, seconded by Sally Barrie THAT the minutes of the meeting of June 5, 2013 be approved. "CARRIED" 2. DELEGATION There were no delegations scheduled for this meeting. 3. BUSINESS ARISING FROM MINUTES (a) Bowmanville Creek Anglers Association The Municipal Clerk advised that the Bowmanville Creek Anglers Association's project to construct an accessible fishing platform on the Bowmanville Creek is complete. The funds that the Committee committed to the project have been forwarded to the Association. (b) Service Ontario Building, 222 King Street Medical Centre The Municipal Clerk advised that letters have been sent to the owners of each of the buildings regarding the accessibility concerns, however, to date no responses have been received. Clarington Accessibility - 2 - September 4, 2013 Advisory Committee 4. NEW BUSINESS (a) Newcastle Branch, Clarington Public Library—Accessibility Issue The Committee members reviewed the installation of the security gates at the main entrance of the library, as a concern has been raised that they may have impacted the accessibility features. It was agreed that the gates, as they currently are installed, do impede the access to the automatic door opener. The Municipal Clerk will speak with the Library staff and determine if the security panels can be moved further apart in order to move them away from the push button. (b) Tax Area, Municipal Administrative Centre —Accessibility Improvements The Municipal Clerk advised that the Finance Department will be presenting a report to Council recommending alterations to the Tax Department customer service area. When the drawings are available, they will be reviewed by the Committee for their input into the accessibility features. (c) Washrooms in Retail Stores John O'Toole has advised the Ministry of Municipal Affairs and Housing of a concern of one of his constituents who had an experience in which their six-year-old daughter was refused access to a washroom in a retail store. It appears that public washrooms are required in the Building Code, but access to the washrooms is not enforced once the building is completed and a retail store is open. The Minister has confirmed that following occupancy of a building the Building Code has no impact on policies individual retail companies may choose to implement regarding public or customer access to store washrooms and suggested that the constituents may wish to contact the store owner or their local municipal councillor with their concerns. This matter will be reviewed with the Chief Building Official and will be discussed at the next meeting. (d) Accessible Documents The Municipal Clerk advised that a presentation has been made to the Management staff of the Municipality on the requirement and the need for the implementation of accessible documents. A working committee is being formed to review all documents that the Municipality creates in order to ensure they are in an accessible format. Clarington Accessibility - 3 - September 4, 2013 Advisory Committee 5. REGIONAL UPDATE Sally Barrie advised that Alan Angus, an active member of the Regional Accessibility Committee, has had to resign and has been replaced with Joanne Thain. Sally Barrie reminded members of the joint AAC Forum on September 24, 2013 from 6:00 p.m. to 9:00 p.m. at Regional Headquarters. Members are requested to advise the Municipal Clerk by September 12 if they are planning on attending. 6. OTHER BUSINESS (a) Absence from Committee Meetings Moved by Councillor Partner, seconded by Sally Barrie THAT Andrea Horgan be excused from attending the Clarington Accessibility Advisory Committee meetings, due to health reasons. "CARRIED" (b) 2013 EmployABILITY Awards The Municipal Clerk advised that the 2013 EmployABILITY Awards and Gala are planned for Thursday, October 3, 2013. Anyone interested in attending is asked to advise the Municipal Clerk so tickets can be arranged. 7. DATE OF NEXT MEETING The next meeting of the Committee is scheduled to be held on Wednesday, October 2, 2013 commencing at 6:00 p.m. in Committee Room 1A. 7. ADJOURNMENT Moved by Shea Lea Latchford, seconded by Councillor Partner THAT the meeting adjourn. "CARRIED" The meeting was adjourned at 7:05 p.m. Chair Secretary 1 - 5 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO.7 AUTHORITY MEETING Tuesday,September 17,2013 -5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE,OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE,BOARDROOM Present: P.Perkins,Chair M.Novak,Vice Chair B.Chapman L.Coe S.Collier L.Corrigan J.Drumm R.Hooper T.D.Marimpietri D.Mitchell P.Rodrigues C.Traill J.R.Powell,Chief Administrative Officer B.Boardman,Administrative/Accounting Assistant H.Brooks,Director,Watershed Planning&Natural Heritage R.Catulli,Director Corporate Services C.Darling,Director,Development Review&Regulation G.Geissberger,Marketing&Communications Coordinator D.Hope,Land Management&Operations Supervisor P.Lowe,Director;Watershed Stewardship&Community Outreach P.Sisson,Director,Engineering&Field Operations G.SooChan,Director,Groundwater Resources M.Stauffer,Administrative Assistant/Recording Secretary Excused: A.England J.Neal The Chair called the meeting to order at 5:00 p.m. DECLARATIONS of interest by members on any matters herein contained. Councillor Novak declared an interest in Staff Report#5166-13 and neither took part in the discussion nor voted on the matter. ADOPTION OF MINUTES Res.#104 Moved by T.D.Marimpietri Seconded by L.Coe THAT the Authority Minutes of June 18,2013 be adopted as circulated. CARRIED CORRESPONDENCE (1) Correspondence from Conservation Ontario(attached as Schedule 3-1 to 3-4) Re: Letter to Premier—Advocacy Efforts at Conservation Ontario Re: Flooding Councillor Corrigan asked if the Board should endorse the letter. R.Powell advised that was not required and that Conservation Ontario is trying to raise the level of awareness at a Provincial Level. Discussion ensued.. Res.#105 Moved by L.Coe Seconded by B.Chapman THAT the above correspondence be received for information. CARRIED AUTHORITY MEETING—SEPTEMBER 17,2013 MINUTES—PAGE 2 CORRESPONDENCES(continued) (2) Certificate of Appreciation from Durham College(attached as Schedule 3-5 to 3-6) (3) Correspondence from Bowmanville High School/Coop Student,Darryl Longmire(attached as Schedule-7 to 3-8) (4) Correspondence from Ministry of the Environment(attached as Schedule 3-9 to 3-10) (5) Correspondence from Allset Inc./A.D.Latornell Steering Committee(attached as Schedule 3-11 to 3-13) Res.#106 Moved by L.Coe Seconded by B.Chapman THAT the above correspondence be received for information. CARRIED DIRECTOR,DEVELOPMENT REVIEW&REGULATION (1) Staff Report#5166-13(attached as Schedule 4-1 to 4-6) Permits Issued for Development,Interference with Wetlands and Alteration to Shorelines and Watercourses—June 1 to August 31,2013 Councillor Hooper made an inquiry regarding Item No.7. Discussion ensued. Res.#107 Moved by L.Coe Seconded by R.Hooper THAT staff report 5166-13 be received for information. CARRIED DIRECTOR,ENGINEERING AND FIELD OPERATIONS (1) Staff Report#5171-13 (attached as Schedule 5-1 to 5-15) Land Management&Operations—Conservation Area Enforcement Councillor Rodrigues made inquiries regarding staffing. Councillor Novak commented on the need to look at land management of all potential land acquisitions and asked if staff could meet with Durham Trails Committee. D.Hope,R.Powell and P. Sisson answered questions. Discussion ensued. Res.#108 Moved by L. Coe Seconded by P.Rodrigues THAT Staff Report#5171-13 be received for information. CARRIED DIRECTOR,STEWARDSHIP,EDUCATION&COMMUNICATIONS (1) Staff Report#5170-13 (attached as Schedule 6-1 to 6-3) 2012/2013 Education Program Update P.Lowe made a presentation to the Board and showed a portion of a promotional video showcasing the Project Webfoot program and its partnership with Ducks Unlimited Canada and Royal Ashburn Golf Club. Res.#109 Moved by S. Collier Seconded by P.Rodrigues THAT staff report 5170-13 be received for information. CARRIED DIRECTOR,GROUNDWATER RESOURCES (1) Staff Report#5168-13 (attached as Schedule 7-1 to 7-2) Provincial Groundwater Monitoring Network(PGMN)—CLOCA Councillor Rodrigues made several inquiries. G. SooChan answered questions. Discussion ensued. AUTHORITY MEETING—SEPTEMBER 17,2013 MINUTES—PAGE 3 Res.9110 Moved by L.Coe Seconded by B.Chapman THAT Staff Report#5168-13 be received for information. CARRIED (2) Staff Report#5169-13(attached as Schedule 7-3 to 7-34) Enbridge Inc.Line 9b-Update Councillor Rodrigues made several inquiries. G. SooChan answered questions. Discussion ensued. CHIEF ADMINISTRATIVE OFFICER (1) CONFIDENTIAL Staff Report#5167-13—PROPERTY MATTER Res.#111 contained in Confidential Minutes of September 17,2013. MUNICIPAL AND OTHER BUSINESS (1) P.Perkins advised Directors of water taking occurring at the Whitby Waterfront. (2) R.Hooper noted that the first accessible trail has been opened in Clarington and thanked CLOCA,the Bowmanville Anglers Association,and Valleys 2000. (3) G.Geissberger updated members on the date of the 2013 Durham Children's Groundwater Festival,being September 23-27,2013;and the VIP Breakfast,Ceremony&Festival Tour on September 24,2013,9:00 a.m,to 10:45 a.m. (4) S.Collier inquired about the date of the October board meeting. It was noted that the October meeting was rescheduled to October 22,2013,as per Auth.Res.#101/13,dated June 18,2013. ADJOURNMENT Res.#112 Moved by B.Chapman Seconded by T.D.Marimpietre THAT the meeting adjourn. CARRIED The meeting adjourned at 5:45 p.m. 1-6 CLARINGTON SAFE COMMUNITIES ADVISORY COMMITTEE September 19, 2013, 3:00 P.M. MEETING ROOM 1A Present: Chris Newman, Firehouse Youth Centre, Chair Rolf Kluem, Durham Regional Police Services Lynda Simpson, Courtice North Public School Gord Weir, Director of Emergency Services Also Present: Patti Barrie, Municipal Clerk 1. MINUTES Due to the limited attendance, the adoption of the minutes was deferred to the next meeting. 2. BUSINESS ARISING FROM PREVIOUS MEETING (a) Election of Vice-Chair This matter was deferred to the next meeting (b) Graffiti — Community Cleanup — Update The graffiti clean-up day was a success, with Mayor Foster, Rolf Kluem, Chris Newman and four members of the Firehouse Youth Centre participating. Another day will be scheduled in the near future, focusing on an area of Bowmanville. Rolf Kluem advised that he has a communication tool addressing graffiti which will be able to be utilized for Family Safety Day. (c) Family Safety Day and Community Survey— Finalize for Distribution at Family Safety Day Discussion ensued regarding the Community Survey, with suggestions for amendments to it being made by the Committee. The survey will be finalized and printed, for distribution at Family Safety Day 3. NEW BUSINESS I (a) Durham Regional Police Trending Reports Rolf Kluem reported that property crimes in Clarington are trending down, motor vehicle collisions have decreased by 4.6%, high collision area collisions have decreased approximately 10% and theft in motor vehicles has reduced significantly. There have been two serious incidents in Bowmanville, both which were responded to very well, with one arrest being made very quickly. Clarington Safe , - 2 - September 19, 2013 Communities Committee (b) Community Safety Net Partnership Chris Newman advised that the Firehouse Youth Centre has been approached by Community Safety Net, suggesting that they could provide information to the Centre for distribution. Chris indicated that the materials consist of personal safety books, geared toward children aged 8 to 12. He will determine if he can obtain a number of them for distribution at Family Safety Day. (c) Central Ontario Crime Prevention Association Meeting Information was circulated regarding a Central Ontario Crime Prevention Association session which is being held on Friday, September 27 at Garnet B. Rickard Recreation Complex. The topics covered will be of interest to members of the Committee. The information will be circulated to all members, with the request that they advise the Municipal Clerk if they are interested in attending. 4. OTHER BUSINESS (a) Safety Village - Whitby Gord Weir advised that DRPS is working toward increasing the use of Safety Village in Whitby and suggested perhaps we could promote this through the Committee. Lynda Simpson will canvass other principals within the area and determine if they are utilizing this resource. 5. DATE OF NEXT MEETING The next meeting is scheduled to be held on October 17, 2013, in Meeting Room 3C, located on the third floor. All visitors will be required to obtain visitor identification tags from the Planning or Community Services Department. 6. ADJOURNMENT Moved by Rolf Kluem, seconded by Gord Weir THAT the meeting adjourn. CARRIED The meeting adjourned at 4:10 p.m. Chris Newman, Chair Patti Barrie, Municipal Clerk Clarl'n on Leading the Way 9t REPORT #1 REPORT TO COUNCIL MEETING OF SEPTEMBER 30, 2013 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, SEPTEMBER 23, 2013 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-027-13 Monthly Report on Building Permit Activity for June, 2013 (b) EGD-028-13 Monthly Report on Building Permit Activity for July, 2013 (c) EGD-029-13 Monthly Report on Building Permit Activity for August, 2013 (d) FND-014-13 Municipal Performance Measures Program - 2012 2. APPLICATION FOR A DRAFT PLAN OF SUBDIVISION AND TO AMEND THE ZONING BY-LAW APPLICANT: ZEMER HOLDINGS LTD. THAT Report PSD-052-13 be received; THAT the application for proposed Draft Plan of Subdivision, S-C-2013-0003, submitted by Zemer Holdings Ltd., continue to be processed including the preparation of a subsequent report; THAT the application for Zoning By-law Amendment, ZBA 2013-0019, submitted by Zemer Holdings Ltd. to implement the proposed Draft Plan of Subdivision S-C-2013-0003, continue to be processed including the preparation of a subsequent report; and THAT all interested parties listed in PSD-052-13 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report#1 - 2 - September 30, 2013 3. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: H & H PROPERTIES INC. THAT Report PSD-053-13 be received; THAT the application submitted by D.G. Biddle and Associates on behalf of H & H Properties Inc. to remove the (H) Holding Symbol on Parts 1 to 6 on 40R-27997 be approved and that the By-law, attached to Report PSD-053-13, to'remove the (H) Holding Symbol be passed; THAT, once approval has been granted for the creation of Part 7 on 40R-27997 and any conditions imposed by the Land Division Committee for application LD075- 2012 and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; THAT Council's decision and a copy of Report PSD-053-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-053-13 and any delegations be advised of Council's decision. 4. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 2265719 ONTARIO INC. (NORTHGLEN — PHASE 1) THAT Report PSD-055-13 be received; THAT the application submitted by Tunney Planning Inc. on behalf of 2265791 Ontario Inc. to remove the (H) Holding Symbol be approved and that the By-law, attached to Report PSD-055-13, to remove the (H) Holding Symbol be passed; THAT a by-law to remove the (H) Holding Symbol on subsequent phases of S-C 2007-0004 be forwarded to Council once all conditions contained in the future subsequent subdivision agreements and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied; THAT Council's decision and a copy of Report PSD-055-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties,listed in Report PSD-055-13 and any delegations be advised of Council's decision. Report #1 - 3 - September 30, 2013 5. ONTARIO HERITAGE TRUST RECOGNITION PROGRAM NOMINEES THAT Report PSD-056-13 be received; THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates: • Frank Stapleton for recognition under the Heritage Community Recognition Program Lieutenant Governor's Ontario Heritage Award for Lifetime Achievement category for his significant contribution to the preservation of heritage in the Municipality of Clarington; • Karin. Murphy and David Reesor for recognition under the Heritage Community Recognition Program for their significant volunteer contribution in the Built Heritage category to the Clarington Heritage Committee; and • Garfield Shaw for recognition under the Heritage Community Recognition Program for his significant contribution to cultural heritage for research and writing related to local history. THAT Frank Stapleton, Garfield Shaw, Karin Murphy, David Reesor, the Ontario Heritage Trust, and the interested parties listed in Report PSD-056-13 be advised of Council's decision. 6. NITROGEN OXIDE AND SULPHUR DIOXIDE EMISSIONS FROM ST MARYS CEMENT BOWMANVILLE PLANT THAT Report PSD-057-13 be received; and THAT all interested parties listed in Report PSD-057-13 and any delegations be advised of Council's decision. 7. DR. G. J. MACGILLIVRAY AND LYDIA TRULL PUBLIC SCHOOLS-TRAFFIC ISSUES THAT Report EGD-032-13 be received; and THAT all interested parties listed in Report EGD-032-13 be advised of Council's decision. Report#1 - 4 - September 30, 2013 8, PARKING ON DRIVEWAY APRONS THAT Report EGD-033-13 be received; and THAT By-law 91-58 be amended to permit parking on the paved portion of the boulevard apron provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway. 9. CO-OPERATIVE TENDER NO. T-282-2013 — SUPPLY & DELIVERY OF WINTER SAND THAT Report COD-021-13 be received; THAT Coco Paving Incorporated, Toronto, Ontario, with a total bid price of $140,861.28 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-282-2013, be awarded the contract to supply and deliver approximately 17,500 tonnes of winter sand, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the Purchasing Manager be given the authority to extend for two additional one year terms; and THAT the funds required be drawn from the Operations Department Winter Maintenance-Plow/Sand/Salt Miscellaneous Operating Supplies Account 100-36-383-10300-7112. 10. REQUEST THAT THE GOVERNMENT OF CANADA HONOUR ITS COMMITMENTS UNDER THE 2001 LEGAL AGREEMENT REGARDING THE PORT GRANBY PROPERTY VALUE PROTECTION (PVP) PROGRAM WHEREAS, in the 2001 Legal Agreement between the Government of Canada and the Municipalities of Clarington and Port Hope regarding the Port Hope Area Initiative, the Government agreed to consult with the Municipalities in the establishment of a Property Value Protection (PVP) Program; AND WHEREAS the PVP Program as described in the 2001 Legal Agreement states that the Program will compensate property owners within the PVP Program area for the diminution of property values on the sale of their properties as a result of either the Port Granby Project or the Port Hope Project; AND WHEREAS the Government of Canada has made temporary changes to the PVP Program while it conducts a review of the program, with the effect of these changes being to deny PVP Program services to some Port Granby area residents; Report#1 - 5 - September 30, 2013 AND WHEREAS the Government of Canada did not consult with the Municipalities of Clarington or Port Hope, or communicate with the residents of the Port Granby area, regarding the specific effects of the temporary changes to the PVO Program on the eligibility of our residents for PVP Program services; AND WHEREAS the PVP Program is a fundamental component of the 2001 Legal Agreement between the Government of Canada and the Municipalities of Clarington and Port Hope, and cannot be significantly changed, even temporarily, without fully consulting with the Municipalities of Clarington and Port Hope; AND WHEREAS the PVP Program also forms a key element of the Government of Canada's "social licence" with the residents of the Port Granby area that allows for the Port Granby Project to proceed with the community's support; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON RESOLVES to request the Government of Canada to fully honour its commitments under the 2001 Legal Agreement, and ensure that PVP Program services are available to all Port Granby area residents within the PVP Program area in accordance with the 2001 Legal Agreement. 11. DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE THAT the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Update, be received with thanks. 12. DELEGATION OF MILT DAKIN REGARDING FORESTREE PLACE'S APPRECIATION FOR FINANCIAL ASSISTANCE THAT the delegation of Milt.Dakin, regarding Forestree Place's appreciation for financial assistance, be received with thanks. 13. CONTINUOUS MONITORING MERCURY AND ALL PARTICULATE MATTER AT THE INCINERATOR STACK THAT the Municipality of Clarington request that the Regional Municipality of Durham amend the Regional Report, regarding the Energy-from-Waste (EFW) incinerator plant, as it appears on the October 9, 2013 Regional Council Agenda, to undertake continuous monitoring of mercury and all total particulate matter at the incinerator stack. Report #1 - 6 - September 30, 2013 14. ENVIRONMENTAL ASSESSMENT FOR THE ENERGY FROM WASTE INCINERATOR PLANT AND EMISSIONS FROM THE ST. MARYS CEMENT PLANT THAT the Municipality of Clarington write the Ministry of Environment and ask, when they approved the Environmental Assessment for the Energy from Waste incinerator plant, did they do so with background of 5000 tonnes of sulphur dioxide emissions in 2012 from the St. Marys Cement Plant or the maximum allowance of 2808 tonnes. 15. CORRESPONDENCE FROM MICHAEL LOSCAVO AND SARAH CHIPPIOR CONCERNING THE PUBLIC MEETING (AGENDA ITEM 5(A)), REGARDING AN APPLICATION FOR A DRAFT APPROVED PLAN OF SUBDIVISION AND APPLICATION TO AMEND THE ZONING BY-LAW 84-63, REPORT PSD-052-13 THAT the correspondence from Michael Loscavo and Sarah Chippior concerning the Public Meeting (Agenda Item 5(a)), regarding an Application for a Draft Approved Plan of Subdivision and Application to Amend the Zoning By-law 84-63, Report PSD-052-13, be referred to the Director of Planning Services to be considered as part of the application review process. SUMMARY OF BY-LAWS SEPTEMBER 30, 2013 BY-LAWS 2013-080 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Lindvest Developments Ltd.) (Approved by -Council on October 16, 2006). 2013-081 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (H & H Properties Inc.) (Item 3 of Report#1) 2013-082 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (2265719 Ontario Inc.) (Northglen — Phase 1) (Item 4 of Report#1) 2013-083 Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington (Item 8 of Report#1) �I • (iLeading the Way DEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: September 27, 2013 Subject: COUNCIL AGENDA— SEPTEMBER 30, 2013 Please be advised of the following regarding the September 30th Council meeting: DELEGATIONS See Final list of delegations attached. PRESENTATION (a) Please be advised that Gord Brook, President, Board of Directors, John Howard Society, will also be in attendance for the cheque presentation. STAFF REPORT 1. Attached please find Report LGL-009-13 - Letter from Martin D. Gerkes dated A s , 2013 Request for Amendment to Development Charges By-Law Patti L. Barrie, CMO Municipal Clerk P L B/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS SEPTEMBER 30, 2013 a) Barbara and/or John Montague — State of Rural Roads (Correspondence Item D - 6) b) Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington — Update on 100 Years of Mentoring & Introduction of Little Sisters (Correspondence Item I — 9) C) Kerry Meydam - Continuous Monitoring Mercury and All Particulate Matter at the Incinerator Stack (Item 13 of Report #1) d) Wendy Bracken - Continuous Monitoring Mercury and All Particulate Matter at the Incinerator Stack (Item 13 of Report#1) e) Wendy Bracken - Environmental Assessment for the Energy From Waste Incinerator Plant and Emissions from the St. Marys Cement Plant (Item 14 of Report #1) CladflgtOR LEGAL REPORT LEGAL DEPARTMENT Meeting: COUNCIL Date: September 30, 2013 Resolution#: By-law#: Report#: LGL-009-13 File#: L2030-06-12 Subject: LETTER FORM FROM MARTIN D. GERKES DATED AUGUST 7, 2013 REQUEST FOR AMENDMENT TO DEVELOPMENT CHARGES BY-LAW RECOMMENDATION: It is respectfully recommended to Council the following: 1. THAT Report LGL-009-13 be received for information. Submitted by: 7 Z Reviewed by: - -- Andr w C. Allison, Comm., LL.B. Franklin Wu, MAOM Municipal Solicitor Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: LGL-009-13 PAGE 2 1.0 BACKGROUND 1.1 At its meeting on September 16, 2013, Council referred Correspondence Item D- 9 (a letter from Martin D. Gerkes dated August 7, 2013) to staff for a report. A copy of this letter is attached to this Report (Attachment 1). 1.2 In his letter, Mr. Gerkes has requested that Council amend Development Charges By-law No. 2010-058 (the "DC By-law") in order to "transfer ... demolition rights" from property that is being expropriated by MTO (4726 Rundle Road) for purposes of the future 407 extension to another property (3700 Maple Grove Road). A Location Map showing both properties is attached to this Report (Attachment 2). 1.3 The Gerkes property is one of the many properties that has been or will be acquired or expropriated by MTO for purposes of the 407. MTO is required to follow and apply all of the requirements of the Expropriations Act if it is unable to reach an agreement with affected property owners on issues such as compensation. 1.4 The circumstances described by Mr. Gerkes are not unique. Staff are aware of at least 4 similar situations involving MTO expropriations for the 407 Highway. Staff are also aware of a similar situation involving an acquisition by Central Lake Ontario Conservation Authority. 1.5 The correspondence from Mr. Gerkes raises expropriation issues and development charges issues. Both will be addressed in this Report. 2.0 DISCUSSION Development Charges 2.1 Under Section 22 of the DC By-law, no development charges would be payable if the existing house at 4726 Rundle Road was demolished and a new house reconstructed on the same property. Essentially, the total amount of the development charges otherwise payable is offset by a demolition credit in situations where an existing building or structure is demolished in order to permit redevelopment on the same property. The credit will be given if demolition takes place within 5 years of the date that the redevelopment takes place. The credit is given on the theory that there will not be any increase in the need for Municipal services if what is built effectively replaces what was previously located on the same property. 2.2 Because the DC By-law does not allow demolition credits to be transferred from one property to another, development charges would be payable if a new home is constructed at 3700 Maple Grove Road. If a building permit was issued today for a single-detached dwelling at 3700 Maple Grove Road, the development charges would be as follows: REPORT NO.: LGL-009-13 PAGE 3 Clarington $15,518 Region of Durham * 9,966 Public School Board 994 Separate School Board 120 Total 26 598 This figure does not include any amounts for water supply ($7,246) or sanitary sewerage ($8,365) because these services are not available at 3700 Maple Grove Road. 2.3 Council does not have the ability to waive or amend any portion of the Regional development charge ($9,966). Council only has the ability to deal with the local and school board development charges which total $16,632. Staff's understanding is the Mr. Gerkes has requested relief from the Region for the Regional development charges. 2.4 As stated above, the DC By-law only allows demolition credits in situations where redevelopment occurs (on the same property) - it does not allow for credits to be transferred to the development of a different property. The reason for this is that even in situations where the number and type of dwelling units that are demolished on one property is the same as the number and type of dwellings that are constructed on a different property, there may be an increase in the need for services. This is fundamental to the position of the Municipality on the appeal of the DC By-law that is currently before the Ontario Municipal Board. Our position on the appeal is that "excess capacity" for a particular service in one part of our geographically diverse municipality (with 4 separate urban areas) will not necessarily be used by residents in other parts of the Municipality. A second reason underpinning the position of the Development Charges By-law revolves around the future use of any portion of the property where the demolition is occurring. In general, if a transfer of the credit is permitted and in future redevelopment occurs on the original site, the demolition credit would no longer be available. Expropriations Act 2.5 Staff's understanding is that Mr. and Mrs. Gerkes are represented by legal counsel who has a great deal of experience in dealing with expropriation matters, but that the issue of compensation has not yet been resolved. In his letter, Mr. Gerkes has indicated that there is a fundamental disagreement with the MTO regarding the appropriate level of compensation under the Expropriation Act. 2.6 Under the Expropriations Act, compensation is payable to an owner whose land has been expropriated based upon several heads of damage, most notably the market value of the land. Staff are not aware of any head of damage under the Expropriations Act that requires an expropriating authority to directly compensate an owner for development charges paid to construct a new home. Indirectly, REPORT NO.: LGL-009-13 PAGE 4 development charges are factors that are considered when comparing property values in order to determine the fair market value of the expropriated land. If appropriate compensation has been provided for the home being demolished, this would, in theory, represent the cost to replace the current residential status. It is generally accepted that the construction of a new home incorporates the development charges fee as part of the ultimate cost. 3.0 CONCLUSIONS 3.1 The DC By-law does not allow demolition credits to be transferred from one property to another primarily for reason set out in Section 2.4 of this Report. 3.2 Whether or not the Expropriations Act requires expropriating authorities to compensate land owners for development charges in situations like this is a matter to be determined in accordance with the Expropriations Act. 3.3 Whether development charges are payable under the DC By-law has no legal relationship to the issue of compensation under the Expropriations Act. 3.4 In the opinion of staff, it would be inappropriate for Council to amend the DC By- law in order to make up for any perceived deficiencies in expropriation process. This would effectively have the Municipality subsidizing some of MTO's 407 expropriations. Any amendments, such as the one made by Council for heritage homes, should promote a broader public interest to the municipality as a whole. 3.5 If Council nonetheless wishes to amend the DC By-law, it is recommended that staff be directed to process an amendment that meets the procedural requirements (including notice) of the Development Charges Act, 1997. It is also recommended that any such amendment not be linked to the 407 or any other expropriation, but rather that it be focused on the issue of transferring demolition credits in situations where there clearly will not be an increase in the need for services. This would be very important in order to limit future implications. 4.0 CONCURRENCE 4.1 The Director of Finance, Director of Engineering Services and Acting Director of Planning Services concur with the recommendation in this Report. CONFORMITY WITH STRATEGIC PLAN — Not applicable. Attachment 1: Letter from Martin D. Gerkes dated August 7, 2013 Attachment 2: Location Map ATTACHMENT NO. 1TQ REPORTUGL-0K9-13 August F S WE OMI'!�AL 10. ECEIVEID ' 2 DIRECT ION INFORMATION R ICAUG AUG 1 7011 ' Patti Barrie COPY TO: F Municipal Clerk OF 40 Temperance Street, 10,1106r o OTHER I aDl writing tD request 8Oamend h1OOS rights iO order for them tD be made transferable. ---'--� I8[O making 'this request for 8D amendment to-the existing bylaw because Of2Oimpending expropriation, bVthe Ministry «f Transportation, Of our home and property, located 8t472G Rundle Road, in HaDlDtOD' Ontario. Through DO fault Of our own, our home and property are being taken from US 'O order t0 facilitate the construction Of8 link highway between the 4Di East and 407 East extension. We have owned this iO acre property since i964. UV8 erected 8 custom built home OOthis property between 1974 —i976' and have resided 8t this location ever since. IO addition tUthe house, VV8 have established 8 viable, commercial orchard OD the property, aS well 8Scold storages and equipment outbuildings. We have always paid our taxes, and have never been iO 8[[8G[S. Our farm business has provided employment for local people 8S well 8Sinjecting revenue into the local economy. The reason for our request for this amendment has tOdO with the demolition Of the existing residence UD472G Rundle Road, 8 demolition that will h8 enacted bV the M.T.O. UDf8rtUO8t8lV' the M.T.O. is taking the 8Ot}F8 D[OD8dn' VVh'0h |8aV8S our family no ODtiUD of re- building the hODl8 on the S8Ol8 site. W9 do, however, own 8 nearby farm property, and 8S such, VV8would like tO construct 8 F8DlaC8[D8Ot hODl8 OD this other D[OD9dm. I [DUSt 8DlDhaSiZ8 that this hODl8 will be a ' replacemen for the current dwelling that VV8 have had taken from us. I understand that ifVY8 were tO apply for 8 building permit tO erect 8 home OO the second property, located 8t37OO Maple Grove Road, development fees would h8 charged against this OODSt[UCtiOO. IVV'ShtO8SkfO[8O8XC8DtiODtOfhiS. 8SitiSOU[COOt8DtiUOth8tSiDO8OU[f8Dli)V has been long-time residents Of the area, and has dutifully paid our taxes, iD addition tO providing other revenue streams tO the local economy, that consideration hG made concerning our forced diSDl8C8Dl8Ot. In the spirit of the EXD[OD[i8t`OO Act, there is call for "8OU'V8|8O[ R}-iOSt8t8[D8Ot". Contrary to this COOC8Dt' the M.T.O. has 'Od'C8t8d that it would not be li8h\8 for the [8iDlhU[S8Dl8Ot Of development fees; additionally, the M.T.O.'S interpretation Of "market value" differs drastically from the actual real and true market value of property. These positions place us at a distinct disadvantage, and as such, I am requesting that our demolition rights —guaranteed on our original property of 4726 Rundle Road — be transferred to our property located at 3700 Maple Grove Road. Again, I must emphasize that the home to be built at 3700 Maple Grove Road is strictly a replacement of the home that is being taken from us on Rundle Road. It is not in addition to that structure. Given these details, I respectfully ask that due consideration be given to the transfer of our demotion rights, and that this request be placed as an item of concern on the Fall 2013 agenda of your governing body. I sincerely hope that your governing body will do the right thing, and allow this amendment to be granted. We, and families like us, should be allowed our municipal rights, permitting these rights to be transferred as we attempt to re-establish ourselves within the area, without the burden of development fees, as we have paid taxes in the municipality for many years. I look forward to hearing from you with regard to the processing of my request. Should further information be required to process this request, please advise me immediately, and I will then do my best to provide whatever is needed to expedite this process. Finally, I would like to be informed of the date and time this request for amendment will be presented to Council, as I would like to attend this meeting and make myself available should there be questions. Sincerely, Martin D. Gerkes ATTACHMENT NO. 2 TO L REPORT LGL-009-13 LL I 4726 J Rundle 000 f Road / rr� L � 407 APPROVED ROUTE / 3700 �►, Maple Grove Road y a N 1,000 Metres I MR31OU 1�'310 P-WUL A-MONIS F 0 R C(-)U HI C� L aaBeuew le uauat�onuJ eze Id ua q aastuew sa;3jno`sal:l uew-nH' suitpoH eu.1.4si.10 s4insau Z oz - aamwwoo suoi4elam Apunwwoo 0 di3iu' n 016 u Ile 1 ' Ame , . _ 0 C ISO 50001 Certification STMARYS hi 2011 our Ens�gy was to th, navWl y dq vaio �5d ]/S T Gee vova ��,s Oera-rrvlo y gook pia ca icy 2012 1 .t� _ E=MCAk* Energy Management Conservation Committee Bowmanville Plant NATIONAL "Promoting a better us of energENERGY y -A 4D IFOl.,NDATIOIV to counter diffiato change" Portland Cement Association Environmental Awards STMARYS PC A Envaronmontal ,Awa 007,122008 PCA Energy Cor servabon 200 +' Nodral Rem:rm R-G nLUmlc. Canali [s+ma zi 2007 CIPEC Energy Leaderrshio ,,h vuv a rd (NR Can) Annual Report 2000 o PC A Chairman's Per orr�awe,, Sr,telty�vvard 20(08 ecoENERGY . .wacnoN i„ww. 2008 '10 Com panios that are Makinlg a 'Dif'reranco" 2000 Energy Cer fflc tion.- 300 Eriargy Inc. 2011 First Plant in North America to obtain ISO 50001 Certification Energy Management E=MC��� PC-A%4� �•��� Portland Cement Association Energy Management Conservation Committee Bowmanville Plant NATIONAL r"Rramo ingr a better use of energy ENERGY to counter climate char-ge"FOUNDATION' Canada Community Initiatives STMARYS AP ""` s ,r►- ��� ��� {`� -^ mss.- - - - �"" 5 - -y� .-.a. -_••� mac° _ ._f�"'�L�- ,. h a _ S C �,, -m La' -, ,-", 'oz:?) pDocuucd �_ ,,,, n .:.�q;S 0 ,.., p nn S _�^ o � n J(i Hosp07 0 ounda'ocn c Dnhirham Lanz] 22 �,nvaTdah p CouncU h,asda House jv\ anwsTs hs�ron jg iC 0 wb [M o r humlhair�an i (Zrc�hsztra Community Initiatives STMARYS 0�h A n n 1 vers an/ o nk j G St Mary's Cament Bon v,crna vifie required �r?c9 coln,r��a�Lrec�1 cr® iv i a nvironmenta Polic anagemen Planning (P) • Environmental Aspects eview A Environmental Performance ST MARYS Erjrjty • Legal/Other Requirements 2006 2007 2008 2009 2012 Objectives, Targets and Program Checking/Corrective Action (C) • Monitoring & Measurement Implementation (D) • Nonconformance & Corrective Structure & Responsibility & Preventive Action Training, Awareness & Competence • Records EMS Documentation • EMS Audits Document Control • Operational Control • Emergency Preparedness/Response 6 West Side Marsh i ARYS ST NI S'l -N/ Qaryz Camsn,� has �ni,/-szt�d $GS./4, mlMon dvHars, on �hljs pra�z-ct 7hs pmpsoty ��/Jms �TansfcsrTsd 'ho) 7, Ir d area. U.7 hsc[�s7ss prvwo djo rq uj n qus heblts� fsT birds, ampNbo anz, flah and Small mammaa na prean specs U,CI) r ha cz-co)c j • Ws cone nus with --Ihz poz2 conalouction monjtorMg prr-027anu ...... .... -4 2013 Open House - Celebrating 45 Years STMARYS St � s Yvef1 Over 1, 00 oormcro6y uo fors to our 2013 Open - house. Photo Booth: Say Cheese! Special events Molrrrded: guided plardt fonts, fossaa hunting, heanq equipment disp"�ays in the quarry, carnival games, barrboqua, r,urr food, a rook C°�mbing wafl, iuroping castles, berry go around, Obs�acie Camel razes informational dcspiays, birds of prey show, baryon arty'sts, arts and crafts, photo both, prizes ar,d much mors, and a "Dollar uor Doliaar" fundraising 6rrttiafrhve done ire irk panrjnershr p with the Memortau' HospotaC Foundaffor and TThear Cgc?porltur, �y Char;ty. + A young guest goes for a ride 2013 Open House STMARYS The Lukomskj Family, who attended the event, wrote the followjng note to St. Marys Cement: "4 am writing on behalf of my family who attended the St Marys Cement open house on June 15th VVe wanted to express our appreciation to your company for holding such an event for the community it had something for everyone and gave us a good idea of what actually goes on at the plant. Additionally, the food iwas very tasty and it Was clear that a lot of effort Was put into this event. Our tour guide dur�,n. ride Was Dale Frost Who Was wonderful in sharing the :.. of St Marys Cement and how the company has y. during its existence He did a good job represer Waiting for some refreshing ice cream just one of the many cod ,gg �h options this year. company and should be ;cognized for this. y Mom also ended up winning a bag of goodies which made things even - -- better. Tank you again for putting this together and we look forward to fut u ra, ones." I NM Il 4 5 A special Thank You to all those that participated in and joined us at our Open House. We were very pleased that our friends at the Bowmanville Zoo and the Clarington Fire Department, Health Medical Bowmlanvjjle and so manv others were able to attend and helb make the dav s ecial for our visitors. 2013 Blast viewing STMARYS have had over 1,';i' a mifies frfrom the oommund�ltv, who were Chosen opn a the �. a rc oper, hours) Lio come vie w a Mast° ;. We w0H be hosts ng a FossH Expedot on ors our Quarry tNs October. 1 HAD A BLAST AT St Marys Cement Environmental PerformanceS02 Ii Emissions 2006 - 2012 STMARYS 30000 30000 26,556 25000 25000 20000 20000 15000 c 15000 ~ 10000 ~ 10000 5,082 5000 5000 0 0 S02 2012 13 S02 2006-2012 ®Allowances S02 2012 ❑Allowances S02 2006- 2012 Environmental Performance NOx Emissions 2006 - 2012 STMARYS 30000 — - -- -- - 30000 --- 25,584 26,227 25000 25000 N 20000 20000 0 15000 15000 H 12 10000 10000 I 5000 2,553 5000 0 - 0 ❑NOx 2012 NOx 2006-2012 ❑Allowances NOx 2012 ❑Allowances NOx 2006-2012 Ontario Emissions by Sector S02 STMARYS Ontario Sulphur Dioxide Emissions by Sector - 2011 Fuel Combustion Residential and Commercial 4% Other Industrial Transportation 5% Processes 7% Utilities 4% — ------____ Cement and Concrete 5% Miscellaneous 0% Smelters 67% Petroleum Industry 8% Source: • • . Ontario Emissions by Sector NOx STMARYS Ontario Nitrogen Oxides Emissions by Sector - 2011 Fuel Combustion Smelters Residential and 2% Commercial Petroleum 5% Industry Cement and Concrete utilities 1% iscellaneous 2% 3% Transportation 46% Other Industrial Source: • , • , Reduction of Emissions STIVIARYS �n 2013 'PvOairys Car-, 0 n ta0 0 d a Hme hydra ,,D-, r ;" ,� im r,SsId u cL ------- S-1 0 2 SMoSS�CnS - -- i r dos os a Research and Doveb men-°� pro�ect A, I ,Current cost over $ 5 MHHon The project �\jn� s deve�op(sd on partnsrsNp J �vMth FLS a or,�d Leading Fngg neerong Company ------------ C �II 1 I L+3 Reduction of Emissions iSTMARYS o the ceakduM ��mrestonne, �s uss" \/S02 produc ed CaSO4 r reacts �Ath m e- a( dfate ca(OH)2 S02 to ;� 0,7, rn Ca��dUm S CaSC4 that rer -na�ns as a SO� on &nk W- Reduction Of EmisS - ►ons41 7h s STMMYS Ma hy nd �Sads a, A on 7h a 91 the R-Sdu 'Camerdt p n� f Ua, ve and �rua Sys- "nsnn' ��'D r"ducs -C �agy/ to Reduction of Emissions STN ARYS 8-� Mnarys Cesmant Sovvmanv�Hs, F4ant r,&s--;duic(q,,-1., d s�gn�flcanjtly �ts emo,,-ssocns frcm 2005 (prc j c r t,-a, SNCR acid Rma systems) In 201Z 302 G- Mo55jon'-3- veers raducead Lby 37.5% and NOx smoss ons were reduced by 38.5% comparsad lto smss o n s of22.0005 �n add.Ft�on to the $5 m�F�cn, doHar �nvastmsnt ton hstaH the Hms hydratior, the S R and Nme onje',U-�jon systems have an operat0ona0 cost of $2.2 mHHon Mining Operations STMARYS 14 2012 Ground Vibration (mm/s) 12 10 s - Baseline Community Centre —Cedar Crest Beach 6 W of Aggregate Shop —Limit 4 ■ 2 01-Jan 20-Feb 10-Apr 30-May 19-Jul 07-Sep 27-Oct 16-Dec Mining Operations STMARYS 135 2012 Air Vibration (dBL) 130 125 ■ 120 ti --*--Baseline 115 Community Centre —0—Cedar Crest Beach 110 W of Aggregate Shop 105 �( H7 100 �r i 95 01-Jan 20-Feb 10-Apr 30-May 19-Jul 07-Sep 27-Oct 16-Dec 1 Community Concerns STN ARYS 2012 Community Concerns 5 5 ■ Blasting ■ Dust ® Plume ■ Noise 2 ® Other 4 3 Communi tY Partners 5,g�j a oj� STMARyS zmvocysaa �00 S joc R Z� �J 0C 2 h a m ru MY Do Cn.)on on :nCO'na�'arly E DrLd EVS- Ty YSEF dsnm0ans to the cOmMunity oo�ya Sman2 angazas coonaj --suppgsr�,Z, PPTZK' gCOOLe, an(f Ss�.W- ately rpo 80 to 100 local and 2hsz- s 200 i��� aho*100 400 4"01467 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 Members Glenda Gies, Port Darlington Community Association (Co-chair) Dave Veenstra, Port Darlington Community Association Rick Rossi, Port Darlington Community Association Leslie Dunn, Wilmot Creek Homeowners Association Cristina Hodgins, Human Resources, St. Marys Cement (Co-Chair) Ruben Plaza, Environmental Manager, St. Marys Cement Michael Smith, Quarry Manager, St. Marys Cement Wilson Little, St: Marys Cement Martin Vroegh, Corporate Environment Manager, St. Marys Cement Kim Lendvay, Ministry of Environment Cindy Strike, Municipality of Clarington Willie Woo, Member of Municipality of Clarington Council Purpose To provide an opportunity for dialogue and relationship-building between the community and St. Marys Cement Company. To provide an opportunity for St. Marrs to report on their progress implementing the Westside Marsh Reconfiguration Plan . Mandate To review and refine procedures for reporting concerns and mitigating impacts resulting from St. Marys Cement Company operations and implementation of the Westside Marsh Reconfiguration Plan on surrounding neighbourhoods. To share information to ensure neighbours are aware of work plan activities and time lines associated with implementation of the Westside Marsh Reconfiguration Plan. _St. Marys has completed the Westside March Reconfiguration Plan» , 1 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 2012 Activities Three meetings were held on Jan 10th, April 3�d, and September 18th, 20121. The meeting originally scheduled for December was deferred to January 2013 to accommodate committee members. The Community Relations Committee reviewed available data and discussed the following issues at the three 2012 meetings: • Df,)ck opor° tion The dock continues to work with procedures and best practices to control fugitive dust such as: • Application of dust suppressant on open face of fuel piles • Petcoke piles are covered with tarps • Maximum height of petcoke stockpiles is 10 m • Uploading vessels stops when wind velocities are over 40 km/hr and from direction of concern . . � s s a T BAR 10 1.7m c 2 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 Sample Station Location Monitor SMC1 OPG PM 10 BAM ,Dust fall Jar A Hutton Transport PM 10 Hi Vol, Dust Fall A Relocated Quarry North East PM 10 Hi Vol, Dust Fall B Cedar Crest PM 10 Hi Vol Dust Fall C Cedar Crest (MOE location Dust Fall Jar SMC 2 Cove Road PM 10 BAM , Dust Fall Jar Sampling station A was relocated in August 2012. • Dust releases Dust Fall: There were four exceedances in 2012 for the dust fall jars. The first exceedance was in location B Cedar Crest in April with a value of 10.13 g/m2 in 30 days. The sample was considered invalid due to contamination of organic matter. The second exceedance was in July at location A Hutton Transport with a value of 7.80 g/m2 in 30 days. The sampler was located too close to quarry activities and was relocated- to fenceline location in February 2013. The third exceedance was in September at location SMC1 OPG with a value of 10.88 g/m2 in 30 days. The sample was impacted by agricultural activities next to the sampler and not by plant activities. The fourth exceedance was in October at location C MOE Cedar Crest with a value of 10.34 g/m2 in 30 days. The sample was considered invalid due to contamination of organic matter. The limit for dust fall jars is 7 g/m2 in 30 days 3 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 Dust Fall 2012 12.00 10.00 —�-SMC1 OPG 8.00 — —A Hutton Trns pt. M � 6.00 B Cedar Crest ZL N C MOE Cedar Cr E 4.00 , - SMC 2 MOE Cove - Rd 2.00 �T 0.00 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec PM 10 High Volume non-continuous dust releases There were three exceedances in 2012 from the Hi Vol PM 10 samplers. The three exceedances occurred at station A (Hutton Transport) on March 22nd, April 9t" and June 8t". The values of the exceedances were 75 µg/m3, 72 µg/m3, and 77 µg/m3 respectively. The limit is 50 µg/m3. The sampler at station A Hutton Transport was too close to the quarry operation and needed to be relocated to a fenceline location. The sampler was relocated to a new location to the north east of the Hutton Transport location in order to meet MOE guidelines. 4 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT — 2012 Environmental Results - PM 10 Program High Vol samplers PM 10 Program 2012 90 80 70 —0 A Hutton Trnspt. 60 - - B Cedar Crest E 50 - l A Relocated c 40 (NE Quarry) 30 ' Limit 20 ' 0 N N N N N N N N N N N N O O O O O o O O O O O O N N N N N N N N N N N N d' d' V d' 5 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 PM 10 continuous BAM 2012 PM 10 BAM Avg 24 hrs. 60 50 40 E � N a +SMC1OPG R so l -� SMC 2 Cove Rd. 20 V A In 10 >°>°��°)°°)°°k�F°F Q°fat•���d•°�PQ�PQ�PQ�PQ�PQ�,,°id't)��?'r)°)°°)°n�e�N�`)Jro)�`P°P°P°P°�.+°Q9°p�Qy°Q�QP �o� �0^b 1y 1e'A^N^9'M1v P^�^PI�N�0•�Nti.V X9'6'^y�CM11•Aga^1 M1p � 'YM1`M1 H�'Y^M�,a M1 0^af ry^l,�d 1^N1,� P!Y^n•^P/,N h 9�v,�•Y,jC There were no values above 50 µg/m3 for the daily 24 hr. average, but there was one value of 64 µg/m3 for the 24 hr. rolling average on April the 10th at 8 AM (EST) caused by removal overburden activities. The limit is 50 µg/m3. 6 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 • 13tack o missions St. Mary's operations released 5,082 tonnes of S02 between January 1 and December 31, 2012 compared to the annual allowance of 2,808 tonnes. The Company used allowances from previous years to cover emissions from 2012 and it was still below the allowances granted by the MOE for the period of 2006-2012. 8000 — 30000 --27;703. " 7000 26,556 6000 25000 5,082 (n 5000 20000 C 4000 15000 O 2,808 F- 3000 10000 2000 1000 5000 � 0 - 0 O S02 2012 O S02 2006-2012 O Allowances S02 2012 O Allowances S02 2006-2012 St. Mary's operations released 3,291 tonnes of NOx between January 1, 2012 and December 31, 2012 compared to the annual allowance of 2,553 tonnes. The Company used allowances from previous years to cover emissions from 2012 and it was still below the allowances granted by the MOE for the period of 2006-2012. 5000 30000 4500 25 58 26,227_ 4000 25000 3500 20000 3000 2,55$ 2500 15000 2000 1500 10000 1000 5000 s � 500 , 0 0 O NOx 2012 O NOx 2006-2012 ❑Allowances NOx 2012 ❑Allowances NOx 2006-2012 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 • Off-site, blast air vibrations There was 1 exceedance of by I dBl of off-site blast air vibrations in 2012. 135 2012 Air Vibration (dBL) 130 we 1 125 11 120 Baseline Community C"'I'm 115 —0—Ceda Crest Beach 110 —Limit 105 100 95 01,hm 20 Feb 10 Apr 30 May _ 19 Rd 07 Sep_ 27.Oct 16 Dec ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT — 2012 e Off sit blast ground vibrations There were no exceedences of off-site blast ground vibrations in 2012. 14 2012 Ground Vibration (mm/s) 12 10 8 —4--Baseline Community Centre —L�Cedar Crest Beach W of Aggregate Shop —Limit s ti 2 0 01-Jan 20-Feb 10-Apr 30-May 19-Jul 07-Sep 27-Oct 16-Dec ............................... 9 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT — 2012 Concerns received in 2012 as summarized in the following table and graph which also shows historical complaints Blasting Dust Plume Noise Other Total Q1 2 0 2 2 0 6 Q2 1 0 0 1 0 2 Q3 1 2 0 1 1 5 Q4 1 0 1 0 4 6 Community Concerns Log 35 O Blasting 30 ®Dust O Plume 25 Noise N r Other c 20 o Total E15 ci 10 0 5 0 13 1' 1 , . n. In ind, 200920102011 Jan- Feb- Mar- Apr- May-Jun- Jul- Aug-Sep- Oct- Nov-Dec- 12 12 12 12 12 12 12 12 12 12 12 12 Concit-s ion While St. Marys operations results in off site impacts, most are below regulatory requirements. St. Marys continues to work to reduce impacts and to provide information on their efforts to reduce impacts to the Community Relations Committee. St. Marys Community Relations Committee provides a forum for information sharing and dialogue. However, the Committee's effectiveness is limited by community participation. The Community Relations Committee recommends that: 10 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2012 • the Community Relations Committee continue to meet on a quarterly basis; and • the Municipality of Clarington actively solicit participants from residential areas neighbouring St. Marys and other areas of Bowmanville for the Community Relations Committee. i 11 (� t CM OP vt k.^. (ff�` 1 - .. ti..si "? i .7,'-{qr a •ai i, is co� N L Section of Best Road Best Rd Legend needing work Conservalian Auto Areas and not J Lowsr Ter• resurfaced in U.-I.Cipalit'OES Frc-sways 26 years L High,.,vays Arterial Rcacs Cche=r Rcacs 1-4 t LDcal Roacs ah Rivers and S"rBams 2DK L s ard Lakes am PDnds � k 20K Provirce h j f L -C %6 Vi Z / I Orono VL-=D oe-dre:44"Oil 34.7' N.,78"38:L 10.0, W 0 1 2 3 4 knt V=-D mealed:Augusi 29,2013 SrAe: i:55,CCC -H!i r-mp should na!bri relied un as a prer.:im!irdicalur 0 mulms ur localmms,numis a,guide 2a,nayigalkin. PP On'Rna,MiriWy Cd Nlalmra�Reso4imer.((WANH L V.1al"wr 00 Ila"- m ary way Im"lie USO,V.or rpmroo kipm. ,%6 maP 4C WIY 111hrr-afiLm un this map. 71-is noza mm vrW iced aTAK3-risfizally bra'.to IWA.1k?a Map%045irp. rF a Mir;an ni N ni i C7 o 0 LoockMol- too the o 0 L o k, Igo p c7i:7, V G- S_2't kZ�D Cj rl 101, rt h ric- t h, 8 co�t h ��D000 o � o a o�-rLC h mIL CO �- y t h L " Sl ry Cac:) ma to aj hat ad th �s past, spnrn g cd y\/ F an r nar 0n -0, ,�s Ono cd V/�j/ a r f. 7 h s r u 7 O � i� aa v a n n gPI a r 2 2 113 ❑ G b h a, cd u rn cd e r C'L� �G�e a r 0 G � �Gg o a d /'�v/ an y \j7�7� n cd r Cca u nL c 'u r n v, h) aw/ s b(Ban working v/ a, r' n a r a, n d a 90 r� Ou u �f r -V Frad spokan to hluMEY DUB , , n s ') p a '! This is the spot where aabcuL 40 acres drain onto Best Rd The spring runoff eroded away a section of the shoulder 'lI$ Y d d road a b o u lL 0 y I . r -Y !I r�r� r1rlrMt � fr rr t���plil' � i,� .i klT lkll,'a�ilj '� I`It,, ,,,+fq� aJ � f w • ,1,J d 1 a� , r � 1� fl,} "I' Y7 n 1'7 � .. •'i 1� I M` �l r i i 1 ' 1 i I tk {/,-�� s ?{" r y►. �., � y A i 1��'1�_�w ,�,�,1 ia,�(r��� *s�.j' A,oil Ak Y rT L' 1 r IT i _� -� '`'-'.`5., � �.�,'4+� �' �..;i;�*i�`'$}'A 'L�I�i� ti �} s�.�� 1���,�;r �` �:. 1 • v 'i a Sr y s Anti 4'i dA ,ef.' i M Aw. ' Xte - _ .. , ,i� +fir ,,{• ., 1i� x7+' l ` � ,'.,Ufa• �, J' .. s ik,. • yeti��� �:, w � C� f, Section of Best Road recently Legend resurfaced Best Rd Conservalian E:1 Autrorly Areas N N Lower Ter Freeways Highways Arterial Rcacs Section of Best 8th Rd to be Ccilecb-r Rcacs Ise. torn up by Local Roans 407 Project Rivers and S!reams 20K Lakes arc Ponds, 20K Provirce ti -A �th f L e %_J V IY' 4 kmi VaD cenlre:A W C,1 34.7' N,78"3L 10.9' W V ED cremed.Augusi 29,2013 scalie: 1:55,CCC ?Fin map simult mv!bei relied m a!:.-u pw,•i-,e indi--n!j 0 rames cr lazatums,my as a gLi-de%z nagivubm. Pe.Urewm Mirkutry ce NRtural R11rn.t"5(OMMIR." V all,Ilcr to lotip an art"waty Iffmr use IA.Cr rulmoo !,it&map 3C ally ivrisri-ofian on thi;W,� Tf-im mari wumm qrmlUred wAmmul•zaltsy bre ifte 10.14,1W Psi,_ ; ',•; •, r• • _ • ' •k ��F .� ' l • i I •}a ., 4 I t• 0 t^'I 1 I i I t. am ti J F .�Y i f e r o�.�a, La� 3 a - PRIM c ,� cccccccccc c c Best Rd cc c ctc nse(d c ® lav e a sac`LIcn ce`i'`Acaec �cc c acc (z �� Ll c'1'c cc9 * Fl rcvoc a cac caanc1c cc cl cccc] Thank you I Except from EU Waste Incineration Directive http://eur-lex.europa.eu/LexU riServ/LexUriServ.do?ur!=CONSLEG:2000L0076:200812ll:EN,PDF lD=G`nVA MOM= OF TM MRO PRAN PAW,4MNT AND OF THE C'OT3)±tM Q,n 010 1J,1pJ;16ralioxt 0 W400 (Ox l,.332, 28.12200, :�rticte .1� Masurement (requirements 1. Member States shall, either by 6par6ficatWi. -in the conditiocis of the permit or by general binding rules, ensure that paragraphs 2 to 12 and 17, as regards air, and paragraphs 9 and 14 to 17, as regards water, are complied will. 2, The fellowing measurers mts of air pollutants shall be carded out in accordance with Annex M at the incineration and co incineration plant: Ca) continuous measurements of the following substances:' NO,, pmvided that emission Runit values are set, CO, Dotal dust, TOC, 140, HR, SOS; Excerpt from WASTE TO ENERGY,A Technical Review of Municipal Solid Waste Thermal Treatment Practices, Final Report,authored by Stantec and prepared for the BC Ministry of Environment. www.env,gov.bc.ca/epd/mun-waste/reports/pdf/BCMOE-WTE-Emissions-final.pdf Continuous Emissions Monitoring in BC,Ontario and EU -Tanperstur _.... X _ X X L..._ �Organiomaiter X g — ..arao4 X � , v X Residuag oxygen X.� _ _ X Catbontt ide _ X Wumeft%va rate of dte 8 s X �Hydrog�►chlotide .. <_. X• - - X Sulphurdicxrde X i X �iydroge�s$uoti to 1. I. X , X .,:Nihgen oxide s.�..,,....�,.....,_.<.�,�..��V �.,.,.w..w.-,_...,_.,. .._,_...a..-XX:._..-..:. ..��. _._ X total iktsUParticulate Nester �. X X 4 { Ontario Ministry of Environment Guideline A-7 combustion device, such as a secondary chamber of a conventional two-stage incinerator with the data being fed into a computerized control loop to ensure good combustion control. The instruments that monitor process parameters are expected to be part of a system that can adjust the operation of the facility in order to ensure the operation remains within the acceptable operating envelope determined during commencement of operation and initial performance testing. 3,2 Continuously Monitored Parameters Parameters that will be considered for-continuous monitoring include: • temperature • organic matter • carbon monoxide • residual oxygen • volumetric flow rate of the flue gas • hydrogen chloride • sulphur dioxide • nitrogen oxides • opacity • particulate matter Other parameters that may also be considered for continuous or long-term monitoring include: o, carbon dioxide 0 hydrogen fluoride ® mercury e dioxins and furans Proponents for municipal waste thermal treatment facilities are advised to carefully consider the purpose of each monitor when preparing applications for Certificates of Approval such that appropriate monitoring requirements can be set out as a condition of approval. When monitoring of a certain parameter is considered advantageous, the intent of the monitor may be implemented either by installing a device for direct measurement of the parameter or of a suitable surrogate. Final selection of required analyzers will be determined on a case by case basis at the tune of review of the application for a Certificate of Approval. For instance, it may not 14 http://www.ene,gov,on.ca/environment/en/resources/STDQI_076469,htmi Ontario Ministry of Environment Guideline A-7 be essential to include continuous monitoring devices for both organic matter as well as carbon monoxide since these parameters are used as performance indicators of the combustion process. It is noted, however, that there is not always a direct correlation between the two parameters and that carbon monoxide may be the simpler parameter to monitor but that organic matter is the parameter which has a limit also in Ontario Regulation 419/05, Additionally, dedicated continuous monitoring of sulphur dioxide may not be necessary if hydrogen chloride is monitored continuously and the control method for hydrogen chloride ensures control of sulphur dioxide as well, Where opacity monitoring is problematic due to a saturated plume, consideration may be given for installing the opacity monitor before the wet pollution control device if the main particulate collection device is dry and located before the wet device, Alternatively, opacity may be monitored in a heated slip stream. Another option is to install a continuous particulate matter monitor instead of an opacity monitor, The Ministry encourages the use of high sensitivity continuous particulate matter monitoring systems over opacity monitoring since particulate emissions have a direct environmental impact. Owners and operators may not be required to install an opacity monitor if the thermal treatment facility is equipped with a continuous particulate matter monitor, Proponents for thermal treatment of municipal waste are encouraged to explore technical developments with respect to continuous or long-term sampling/monitoring techniques and consider installation of such devices for measurement of emissions of mercury and dioxins/furans. Methods such as Adsorption Method for Sampling of Dioxins and Furans (AMESA) can provide information on the ongoing performance of, as well as emission trends at a thermal treatment facility to support evaluation of the facility performance year round. Owners and operators of thermal treatment facilities may also be able to monitor a variety of other parameters periodically, continuously or on a long-term basis to support the results of source testing and/or to provide better data on annual emissions. For instance, where a continuous or longterm monitoring system provides samples for measurement of one pollutant, it may be possible to periodically analyze these same samples for quantification of other pollutants, e.g. a filter catch of particulate matter could also be analyzed for a variety of metals. The onus on ensuring good performance, based on best practices in the municipal waste thermal treatment field, and compliance with the regulations and all conditions included in the facility's Certificate of Approval, lies with the owner and operator of the thermal treatment facility. Therefore it is the responsibility of those persons to incorporate the appropriate continuous control and monitoring systems in the design of the facility and to provide justification for the selection or omission of equipment while ensuring that sufficient safeguards are in place to ensure good performance at all times, An application for a Certificate of Approval is expected to include a detailed proposal for a monitoring and control system. 15 REGIONAL MUNICIPALITIES OF DURHAM AND YORI,( PROJECT AGREEMENT - CONFIUEN71AL 20.5,1 Except and to the extent expressly provided otherwise in this Agreement including, without limitation, in subsection 24.2, the DBO Contractor's maximum liability for the performance, non-performance or defective performance of its obligations under this Agreement shall be for an amount equal to one hundred percent (100%) of the Luiup Sum Price. For greater certainty, such maximum liability includes the DBO Contractor's aggregate liability under(lie various forms of security provided for in this Article 20,and for liquidated damages pursuant to Article 1S of the Agreement, ARTICLE 21 TESTS,PROCEDURES, STUDIES AND INVESTIGATIONS 21,1 Reauired Tests and Procedures 21.1.1 In addition to the Acceptance Test and other(ests and procedures set out in the Quality Management Plan, the.DBO Contractor shall, as part of the Work, perform or cause to be performed any tests, procedures, studies and investigations, including, envlrorniental, engineering, geological and hydrological investigations, wild tests, stress tests, structural tests, vibration and noise tests, and moisture and snow accumulation studies as may be required by the contract Documents and the Laws and Regulations to demonstrate or ensure that the Work is in conformity with, the Contract Documents and the Laws and Regulations,respectively. 21.2 Requested Tests and Procedures 21.2.1 In addition to the tests, studies and investigations required pursuant to subsections 21.1.1, the DBO Contractor shall also perform, from time to tune, such tests, procedures, studies and investigations as may be reasonably requested by the Owner's Representative,prior to and during performance of each portion of the Work, and sliall provide to the Owner's Representative, three(3) copies of each report made in connection with such (ests, procedures, studies or investigations. Subject to subsectiou 21. 1,1, any claim for compensation for the subs(antiated impact oil the DBO Contractor's time and cost for performance of the Work of any such tests, procedures,. studies or investigations shall be determined in accordance with subsection 15,1, 21.3 Tests and Procedures by the Owner 21.3.1 Without limiting the provisions of subsections 21.1 and 21.2 Hereof, the Owner's Representative shall be entitled,at any time and from time to time, to perform any test, study or investigation in connection with the Work as (lie Owner's Representative imay, determine to be reasonably necessary or advisable in the circumstances and the DBO Contractor shall provide to the Owner's Representative withal] necessary assistance in connection with (lie carrying out of such tests, procedures, studies and investigations. For greater certainty, in connection with the foregoing, the Owner's Representative, shall be entitled to install machines, equipment, systems, monitors, and other devices inn, on, under, over or adjacent to the Facility to permit and facilitate any test, 73 Execution Copy REGIONAL,MUNICIPALITIES OF DURHAM AND YORK PROJECTAGREER'ENT - C0ti'FI1)G'h' TiL procedure, study, evaluation, review, investigation or Examination of or relating to (fie Work or the Facility. Tire performance of any Examination, tests, procedures, studies and/or investigations by or on behalf of the Owner shall not relieve the DBO Contractor of any of its obligations to fulfil the terms of this Agreeltient. No Default by the DBO Contractor will be waived or be deemed to Have been waived by any test, study or investigation by or oa behalf of file Owner, and in no event will any such test, study or investigation be construed as a representation that there has been or will be compliance with this Agreement or that the Work is flee from defect or deficiency. The Owner's Representative shall use its reasonable best efforts to ensure that any tests, procedures, studies or investigations perforated or carried out hereunder atud any machines, equipment, systems, monitors, counters and other devices installed hereunder are performed, carried ottt or installed so as to minimize disruption or interruption to the Work, Notwithstanding the foregoing, Owner shall relieve DBO Contractor froth. all Performance Guarantees and schedule obligations to the extent directly impacted by 'the performance of any Examination, test, procedure, study and/or investigation conducted by or oft behalf of the Owner, Owner's Representative or such other party for whom Owner is responsible including the installation or operation of any machutcs, equipment, systems, or monitors. Arty claim for compensation for the substantiated impact on the DBO Contractor's cost for performance of the Work of any such tests, procedures, studies or investigations shall be determined in accordance with subsection 15.1. 21.4 Payment of Costs and Expenses of Test 21.4.1 For flue purposes of subsections 21.2 and 21.3 hereof, the costs of any of file tests, procedures, studies attd/or investigations required by the Owner to be performed by the DBO Contractor or performed by the Owner shall be for the sole account of the Owner. 21.4.2 For the sake of greater clarity, except as provided in subsections 21.2.1 and 21.3.1 above, the DBO Contractor shall have no entitlement to compensation or schedule relief for the impact of any such tests, procedures, studies or ittvestigatio►ts pursuant to this Article 21 reasonably conducted by the Owner that discloses a Non-Conformance or does not materially impact DBO Contractors' performance of the Work. ARTICLE 22 REPORTS 22.1 Reports and Certificates 223.1 In addition to complying with all of the subtnissiott and reporting requirements described ill the Technical Requirements daring the performance of the Design Build Work, the DBO Contractor shall submit to the Owner's Representative on a monthly basis a Monthly Status Report which shall include the following; (a) a report oft compliance with the Master Project Schedule; 74 ExcCutioll Copy #3 -4- Host Community Agreement Feb 19, 2010 3.2 Durham shall ensure that the EFW Facility utilizes maximum achievable control technology (MACT) for emissions control and monitoring systems. Durham and the operator shall seek to achieve normal operating levels significantly better than the emission limits Identified in Section 31. 3.$ Durham shall ensure that, where technically possible, the EFW Facility. utilizes 247 monitoring systems for such parameters as are deemed appropriate by the Ministry of the Environment. The results of such monitoring systems shall be made accessible to the public on a website or programmable display board designed for such purpose, In addition, Durham shall ensure that the operator monitors the ambient air in the immediate vicinity of the EFW Facility for a three year term commencing upon the commencement of operations. 4. Facility Size 4.1 Durham is seeking approval from the Ministry of the Environment to construct and operate an EFW Facility with,a total processing capacity of up to 400,000 tonnes per year of municipal solid waste. 4.2 The parties hereto acknowledge and agree that EFW Facility will not immediately be constructed to the ultimate capacity, Durham will be seeking an initial Certificate of Approval for the construction and operation of a facility for approximately 140,000 tonnes per year. The capacity of the EFW Facility may be expanded, as required by Durham and York, up to the maximum permissible capacity set forth by the Ministry of the Environment in the Certificate of Approval which may be amended from time to time. The EFW Facility may not be expanded in excess of 400,000 tonnes per year. 4.3 At the time of any expansion, Durham will give consideration to improvements to the emission control system to meet the then current MALT standards and shall apply for a new or amended Certificate of Approval if required by the Province of Ontario. 4.4 Durham will not construct' a transfer station for ICI waste in Clarington without the agreement of Clarington. 5. Architectural/Site Plan Considerations 5.1 Clarington shall be consulted with respect to the architectural and site plan requirements section(s) of the Request for Proposals. 5,2 Clarington and Durham shall negotiate in good faith the terms of a site plan agreement for the development of the EFW Facility site which shall include the lands required for the private truck access lane referred to in paragraph 9.5. Durham shall comply with normal site plan and building code permit requirements and shall construct Energy Drive through their lands identified on Schedule"A" 5.3 Durham shall incorporate a cash allowance of no less than Nine Million Dollars ($9,000,000) In the Request for Proposals ("RFP") for the provision of architectural treatments and upgrades to the EFW Facility. Durham shall consult with Clarington on the proposed architectural treatments received from the preferred bidder and prior to submitting their site plan application to Clarington for approval.