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HomeMy WebLinkAbout02/08/2016Claiftymn Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cfleming(a�clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Copies of Reports are available at www.clarington.net 1 Call to Order 2 Moment of Reflection 3 Disclosure of Pecuniary Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Minutes of a regular meeting of Council January 18, 2016 6 Presentations There are no Presentations scheduled for this meeting. 7 Delegations Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 5-1 7.1 Dr. John Cherry - Tritium Testing Proposal Surrounding Clarington Transformer Station (Unfinished Business 13.2) 8 Communications — Receive for Information There are no Communications to be received for information as of the time of publication. 9 Communications — Direction There are no Communications for direction as of the time of publication. 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Accessibility Advisory Committee dated 10-1 December 2, 2015 10. 1.2 Minutes of the Agricultural Advisory Committee of Clarington dated 10-6 January14, 2016 Pagel Claftwn Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 10.2 General Government Committee Report of January 25, 2016 10-13 10.3 Planning and Development Committee Report of February 1, 2016 10-19 11 Staff Reports 11.1 Report EGD -009-16 — Appointment of Chief Building Official 11-1 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Addendum to Report CLD -007-16 - Appointments to Energy from Waste - 13-1 Waste Management Advisory Committee (Referred to Council by the General Government Committee on January 25, 2016) 13.2 Addendum to Report PSD -008-16 — Clarington Transformer Station — Additional 13-16 Professional Services (Referred by Council on January 18, 2016) 14 By-laws 14.1 2016-009 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 3 of the General Government Committee Report) 14.2 2016-010 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of the General Government Committee Report) 14.3 2016-011 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.4 2016-012 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 6 of the General Government Committee Report) 14.5 2016-013 Being a By-law to appoint Private Property Parking Officers (Nemesis Security Services) (55 and 75 Shipway Avenue, Newcastle) (Item 10 of the General Government Committee Report) Page 2 C~R Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 14.6 2016-004 Being a By-law to regulate the placement of election signs (Item 14 of the General Government Committee Report) 14.7 2016-014 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Building Corporation) (Valleymore Land Corp.) (Item 2 of the Planning & Development Committee Report) 14.8 2016-015 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (LDB Holdings Ltd) (Item 2 of the Planning & Development Committee Report) 14.9 2016-016 Being a By-law.to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Heather Holt) (Item 4 of the Planning & Development Committee Report) 14.10 2016-017 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Properties Inc.) (Item 6 of the Planning & Development Committee Report) 14.11 2016-018 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Staff Report 11.1) 15 Procedural Notices of Motion 16 Other Business 17 Confirming By -Law 18 Adjournment Page 3 Council Minutes January 18, 2016 Minutes of a regular meeting of Council held on January 18, 2016, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: F. Wu, A. Allison, T. Cannella, J. Caruana, D. Crome, L. Gordon, F. Horvath, M. Marano, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to, order at 7:00 PM. 2 Moment of Reflection Councillor Partner led the meeting in a moment of reflection. 3 Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 . Adoption of Minutes of Previous Meeting Resolution #C-001-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council December 14, 2015, be approved. Carried 6 Presentations 6.1 Mayor Foster..— Annual Address Mayor Foster provided a recap of Municipal achievements in 2015. He advised that each Department Head had provided a list of their Department's successes and accomplishments over the year beyond their regular day-to-day activities, but due to timing, he would be unable to read out the entire list. Mayor Foster highlighted the following milestones: • Emergency and Fire Services Department - 20th Anniversary of the Junior Firefighter Program -1- 5-1 R Council Minutes January 18, 2016 • Clerk's Department - Bi -Annual Volunteer Recognition Program, new Agenda, Procedural By-law Update and E -Agenda project • Finance Department — Assisting the_Clarington Museum with their accounting functions, conducting research on the ice storm which resulted in the Municipality receiving $876,000 (2/3 of the cost of the ice storm) • Planning Department — Priority.Green Proposal is moving forward, staff dealt with 800 new planning applications on housing and industrial units, held 22 Statutory Public meetings, four Public Information Centres on the Official Plan Review,'four Public Information Centres on development applications, attended 76 community meetings, and 50 pre -consultation meetings with applicants, the "Before I Die" initiative, progress on the Jury Lands Foundation and 175 Planning & Development staff reports were considered by Council • Corporate Services Department — Newly designed and accessible website, working with the Clarington Board of Trade, hired a Tourism Coordinator and - developed a model for service • Community Services — Pan Am Games Torch Relay, re -vamp of the Sports Hall of Fame, Clarington Library expansion, Older Adult Strategy, re -opening of the Allan Strike Aquatic and Squash Centre, receipt of $450,000 from the Canada 150 grant for expansion and improvements at the Garnet B. Rickard Recreation Complex, staff of the Rickard Complex were nominated by CCD Clarington for their Annual Community Service Recognition Award, partnerships secured with Veridian and Fit Contracts for rooftop solar • Engineering Department — Green Road project, increased round -a -bouts, 27% increase in Building Permit values by the end of September over 2014 • Operations — incredible feedback on the mobile stage, largest Rotary Ribfest, receipt of Exceptional Achievement Municipal Award from the United Way for three years in a row Mayor Foster stated the list was only the tip of the iceberg and requested Department Heads to convey Council's appreciation for the accomplishments realized in 2015 and suggested that 2016 will be as busy and successful as 2015. 7 Delegations 7.1 Clint Cole — Clarington Transformer Station — Additional Professional Services Clint Cole, Member, Enniskillen Environmental Association, addressed Council concerning Item 8 of the Planning & Development Committee Report - Clarington Transformer Station — Additional Professional Services. Mr. Cole thanked Council for . their support to move forward on Tritium testing, noting the Clarington Transformer Station site is located on a very complex water aquifer that to date, is not well understood. Mr. Cole advised of the recent announcement by Ontario Power Generation that the Pickering Nuclear Generating Station will remain operational until at least 2024, which may provide an opportunity to slow the Clarington Transformer Station project down to allow for increased due diligence as there is no urgent need now to complete the project by 2017 to replace the Pickering station. -2_- 5-2 Council Minutes January 18,,2016 Mr. Cole highlighted the current -status of the private well monitoring program noting. test results have indicated 1'1 of the 25 private wells are contaminated with -coliform and e - coli and that Farewell Creek, which is in close proximity to three contaminated shallow wells, shows readings of 80+coliform and 26 e -coli. Mr. Cole stated that a representative from Stantec has indicated that the contamination is not related to the Hydro One construction but suggests the contamination is from fecal matter from livestock or decaying vegetation and that the contaminated wells are in a separate watershed. Mr. Cole stated that the Enniskillen Environmental Association has completed six tritium tests noting that five out of the six wells are not protected against cadmium, lead, mercury or mineral oil. Mr. Cole expressed concern that SLR cannot investigate the source of the contamination as. it is not part of the contract stipulated by Hydro One. He also expressed concern that the tritium results do not support the SLR conceptual model and that the conceptual model has never been subjected to a peer review. Resolution #C-002-16 Moved by Councillor Neal, seconded by Councillor Traill That the delegation of Clint Cole be extended for two minutes Carried Mr. Cole summarized by requesting Council to undertake the Tritium/He-3 testing as outlined in the proposal by Dr. Cherry dated January 18, 2016 and to conduct a cost analysis to bring municipal water to the residents in proximity to the Clarington Transformer Station. Clint Cole responded_ to questions from Members of Council. Mr. Cole confirmed that the recommended testing as outlined in Dr. Cherry's proposal of January 18, 2016 was preferable to the recommendation contained in Item 8 of the Planning & Development Committee Report. He believes it is a viable plan both financially and expertly. Mr. Cole also confirmed that Dr. Cherry's letter will be brought to the attention of Granville Anderson, MPP. Resolution #C-003-16 Moved by Councillor Neal, seconded by Councillor Partner That the Order of the Agenda be altered to consider Item 9.1 at this time. Carried -3- 5-3 Cladnoon Council Minutes January 18, 2016 9 Communications — Direction 9.1 John Cherry, Ph.D, P.Eng, Distinguished Emeritus Professor, University of Waterloo, Director, University Consortium for Groundwater Contamination Research, University of Guelph — Tritium/He3 Testing for Municipality of Clarington Resolution #C-004-16 Moved by Councillor Neal, seconded by Councillor Partner That correspondence Item 9.1 from John Cherry, Ph.D, P.Eng, Distinguished Emeritus Professor, University of Waterloo, Director, University Consortium for Groundwater Contamination Research, University of Guelph, with respect to Tritium/He3 Testing for Municipality of Clarington, be referred for consideration during discussion of Item 8 of the Planning & Development Committee Report. Carried Resolution #C-005-16 Moved by Councillor Neal, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 8 of the Planning & Development Committee Report at this time. Carried 10 Committee Reports 10.3 Planning & Development Committee Report of January 11, 2016 Item 8 - Clarington Transformer Station — Additional Professional Services Resolution #C-006-16 Moved by Councillor Neal, seconded by Councillor Cooke That the issue of further tritium testing of the wells in the vicinity of the Clarington Transformer Station be referred to staff to report back at the next Council meeting as to whether any co-operation needed from Stantec/Hydro One and any other agencies to carry out the proposal of Dr. Cherry dated January 18, 2016 can be obtained. Carried M 5-4 Council Minutes Clarington January 18, 2016 8 Communications — Receive for Information 8.1 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Region of Durham —Aggregate Levies Resolution #C-007-16 Moved by Councillor Neal, seconded by Councillor Cooke That correspondence Item 8.1 from Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Region of Durham, with respect to aggregate levies, be received for information. Carried 10 Committee Reports (cont'd) 10.1 Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington December 10, 2015 10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 8, 2015 10.1.3 Minutes of the Clarington Accessibility Advisory Committee dated September 2, October 7, and November 3, 2015 10.1.4 Minutes of Bowmanville Santa Claus Parade Committee dated January 20, April 21, September 8, September 22, October 6, October 20, November 3, and December 1, 2015 10.1.5 Minutes of the Orono Arena Community Centre Board dated June 23 and October 27, 2015 10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated November 10, 2015 10.1.7 Minutes of the Clarington Museums Board dated November 11, 2015 10.1.8 Minutes of the Abandoned Cemetery Committee dated December 3, 2015 -5- 5-5 Council Clarbgtoa Minutes January 18, 2016 Resolution #C-008-16, Moved by Councillor Cooke, seconded by Councillor Hooper That 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington December 10, 2015 10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 8, 2015 10.1.3 Minutes of the Clarington Accessibility Advisory Committee dated September 2, October 7, and November 3, 2015 10.1.4 Minutes of Bowmanville Santa Claus Parade Committee dated January 20, April 21, September 8, September 22, October 6, October 20, November 3, and December 1, 2015 10.1.5 Minutes of the Orono Arena Community Centre Board dated June 23 and October 27, 2015 10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated November 10, 2015 10.1.7 Minutes of the Clarington Museums Board dated November 11, 2015 10.1.8 Minutes of the Abandoned Cemetery Committee dated December 3, 2015 be received for information, with the exception of Item 10.1.6. Carried 10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated November 10, 2015 Resolution #C-009-16 Moved by Councillor Partner, seconded by Councillor Woo That the Minutes of the Newcastle Memorial Arena Management Board dated November 10, 2015, be received as corrected to reflect Councillor Partner being in attendance at the meeting. Carried KV 5-6 Resolution #C-010-16 Moved by Councillor Neal, seconded by -Councillor Partner That Council recess for five minutes. Carried The meeting reconvened at 8:25 PM. 10.2 General Government Committee Report of January 4, 2016 Resolution #C-011-16 Moved by Councillor Neal, seconded by Councillor Cooke Council Minutes January 18, 2016 That the recommendations contained in the General Government Committee Report of January 4, 2016 be approved, on consent, with the exception of items #2, #8, #11, #12, and #13. Carried Item 2 - H.S. Hughes, Mayor, Township of Oro Medonte — Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) ' Resolution #C-012-16 Moved by Councillor Neal, seconded by Councillor Cooke That the following Township of Oro-Medonte resolution, regarding Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), be endorsed by the Municipality of Clarington: Whereas the Council of The Corporation of the Township of Oro-Medonte recognizes that pursuant to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), it has an obligation to provide a right of access to the public to information under its control, with limited and specific exemptions and to protect the privacy of individuals with respect to their personal information held by the Township; And Whereas Ontario Regulation 823 issued under MFIPPA sets out the fees that may be charged to and collected from those persons making a request for access to records; And Whereas the amount of the fees set out in Ontario Regulation 823 were established over 20 years ago and have not been updated and do not reflect anywhere near the actual costs incurred; And Whereas such fees' do not cover the actual costs incurred in responding to requests for information and for providing access to records in accordance with the provisions of MFIPPA; -7- 5-7 Council Minutes January 18, 2016 And Whereas in the last year the Township has incurred almost $60,000 in net costs, including for computer forensic assistance and for legal advice, in responding to requests and in simply issuing fee estimates for access to requested records; And Whereas after considerable staff time and costs incurred to issue various fee estimates for access to requested records, 3 fee estimates were appealed to the Information and Privacy Commissioner of Ontario, pursuant to MFIPPA, and the requester subsequently chose not to proceed with the appeals and chose to not proceed with any of the 3 requests; And Whereas in such situations there is no mechanism in MFIPPA or in Ontario Regulation 823 that would allow the Township to recover any of the substantial fees incurred, leaving such costs as a burden to the Township's taxpayers; Now therefore the Council of The Corporation of the Township of Oro-Medonte resolves that correspondence, under the Mayor's signature, be forwarded to the Minister of Municipal Affairs and Housing to request a review and update of the fees provisions in MFIPPA and in Ontario Regulation 823 to ensure that they are more reflective of current and actual costs incurred in responding to requests for access to requested records and to ensure they include provisions for the collection of all or part of the costs involved in preparing fee estimates for requesters; That such letter be circulated to County of Simcoe, Cities of Barrie and Orillia, Simcoe County Municipalities, all other Ontario Municipalities, Patrick Brown, Simcoe North MPP, the Association of Municipalities of Ontario and the Association of Municipal Managers, Clerks and Treasurers of Ontario for theirsupport. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal Councillor Partner Councillor Traill Councillor Woo Councillor Cooke Councillor Hooper Mayor Foster Item 8 - Emerald Ash Borer Update Resolution #C-013-16 Moved by Councillor Neal, seconded by Councillor Woo That Report OPD -002-16 be received for information; IM Clarington Council Minutes January 18, 2016 That Council acknowledge an over -budget expenditure of $99,141.20 in the 2015 Operations Department brush/tree - contract account, that has been offset by the Operations Department 2015 gravel patch/resurfacing account, to provide for the removal and replacement of approximately two hundred and forty Ash trees affected by the Emerald Ash Borer beetle; That Council provide pre-budget approval for the 2016 brush/tree — contract account, in the amount of $123,521.21, net HST, to proceed with the award of an existing tender for the removal of another eight hundred and thirty infected Ash trees throughout the municipality; That Council provide direction on the approval of a $125,000 budget in the brush/tree — contract account, from 2017 to 2019, inclusive, to continue with the removal of the remaining Ash trees in the municipality; That Council consider, during the 2016 budget process, an additional budget of $188,000 in the 2016 brush/tree — contract account to replant an estimated six hundred Ash trees that will be removed from boulevards; and That Council consider, during the 2017 to 2019 budget process, an additional budget of $188,000, in the brush/tree — contract account, until all of the twenty-five hundred boulevard Ash trees have been replaced. Carried Item 11 - Election Signs Resolution #C-014-16 Moved by Councillor Neal, seconded by Councillor Cooke That the By-law attached to Report CLD -004-16, as Attachment 1 to regulate Election Signs, be approved with the following amendments: 1. the displaying of election signs is prohibited within any visibility triangle; 2. the sign size be consistent throughout the municipality regardless of the zoning on a property; 3. the sign height cannot exceed 1.22 metres; 4. the sign width cannot exceed 2.44 metres; 5. the total sign height cannot exceed 1..5 metres (from grade to the top of the sign structure); and 6. the payment of the $250 deposit must be made before any election signs for the candidate are'displayed; M 5-9 Council Minutes January 18, 2016 That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and That all interested parties listed in Report CLD -004-16 and any delegations be advised of Council's actions. Referred (See following motions) Resolution #C-015-16 Moved by Councillor Traill, seconded by Councillor Partner That the foregoing Resolution #C-014-16 be amended such that the total ban on election signs from all highways which are under the jurisdiction of the Municipality be struck. Referred (See following motion) Resolution #C-016-16 Moved by Councillor Traill, seconded by Councillor Hooper That the sign placement portion of Item 11 — Election Signs of the General Government Committee Report of January 4, 2016, be referred to staff for a report -back to the next General Government Committee meeting. Carried (tem 12 - John Howard Society — Lease Extension —132 Church Street, Bowmanville Resolution #C=017-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report COD -002-16 be received; That approval be granted for the Municipality to extend the lease agreement with the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $15,129.51 per year (exclusive of H.S.T) for a five year period . commencing 'on January 1, 2016 and subject to a yearly rate increase based on the Consumer Price Index, All Items, Ontario (most recent month) and the Lease Extension for the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $15,129.51 per year for the term of January 1, 2016 to December 31, 2020 be approved; , ENE 5-10 Council Claringtoii Minutes January 18, 2016 That approval be granted for the Municipality to extend the lease agreement with the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $15,129.51 per year (exclusive of H.S.T) prorated on a month by month period commencing on January 1, 2016 until they are able to relocate; and That the Mayor and the Municipal Clerk be authorized to execute the lease extension agreements with the John Howard Society and Community Living- Oshawa:/ Clarington. Carried Item 13 - Well Interference on the West Side of Regional Road 57 Resolution #C-018-16 Moved by Councillor Hooper, seconded by Councillor Neal Whereas there seems to be some issues regarding well interference to existing residents on the west side of Regional Road 57 (Old Scugog Neighbourhood); Now therefore is be resolved that Staff organize a Public Information Centre (PIC), as soon as possible, to discuss the impacts that development on the east side of Regional Road 57 has (or will have) on the existing residents; and That the developers, Regional staff representation who could give comments, as well as appropriate municipal, staff, the Ministry of the Environment and Climate Change representation, and residents be invited to discuss the issues that are now impacting residents. Carried 13 Unfinished Business Resolution #C-019-16 Moved by Councillor Neal, seconded by Councillor Cooke That Item 18 of the General Government Committee Report of November 30, 2015, be - lifted from the table. Carried -11- 5--1 1 Council claringtollMinutes January 18, 2016 Item 18 - EFW-ACC Monitoring Program (General Government Committee Report of November 30, 2015) Resolution #C-020-16 Moved by Councillor Cooke, seconded by Councillor Neal That, to reaffirm that the existing Energy from Waste Facility Environmental Monitoring Program meets all regulatory requirements and exceeds Regional Council approved monitoring plans: a. The Regional Municipality of Durham undertake an additional stack test as early as possible in 2016; b. The third party, independent and impartial testing agent approved by the Commissioner of Works be retained to carry out an additional stack test; and c. An independent report of data collected and analysed be presented to the Regional Council and the Municipality of Clarington. Carried 10 Committee Reports (cont'd) 10.3 Planning & Development Committee Report of January 11, 2016 (Cont'd) Resolution #C-021-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of January 1.1, 2016 be approved, on consent, with the exception of Item #10. Carried Item 8 — Clarington Transformer Station — Additional Professional Services was considered earlier in the meeting. Item 10 - Courtice Main Street Community Improvement Plan Resolution #C-022-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report COD -001-16 be received; 5-12 -12- Council Clarington Minutes January 18, 2016 That approval be granted for the Municipality to award Request for Proposal RFP2015-12 for the provision of Courtice Main Street Community Improvement Plan to Dillon Consulting Limited, being the highest ranked proposal meeting all terms, conditions and specifications of the aforementioned Request for Proposal; and That the funds required in the amount of $59,245.38 (net HST Rebate) be drawn from the following account: Unclassified Administration Professional Fees 100-21-211-00000-7161 $59,245.38. 'Carried 11 Staff Reports There were no Staff Reports introduced under this Section of the Agenda. 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion introduced under this Section of the Agenda. 14, By-laws By-law 2016-004 was withdrawn due to Item 11 of the General Government Committee Report being referred to the next General Government Committee meeting. Resolution #C-023-16 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-laws 2016-001 to 2016-003 and 2016-005 to 2016-007 14.1 2016-001 Being a By-law to to establish certain lands as public highways in the Municipality of Clarington, to assume.certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 5 of the General Government Committee Report) 14.2 2016-002 Being a By-law to to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Item 7 of the General Government Committee Report) -13- 5-13 Council Minutes January 18; 2016 14.3 2016-003 Being a By-law to regulate the clearing away and removal of snow and ice from the roofs of buildings and from sidewalks within the Municipality of Clarington and to amend By-law 93-144 (Item 9 of the General Government Committee Report) 14.4 2016-005 Being a By-law to designate the property known for municipal purposes as 1640 Concession Road 9, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter.0.18 (Approved by Council November 23, 2015 ) 14.5 2016-006 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Properties Inc.) (Approved by Council September 8, 2014) 14.6 2016-007 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (South Bowmanville Ltd.) (Item 7 of the Planning &Development Committee Report); and That the said by-laws be approved. Carried 11 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 12 Other Business There was no Other Business introduced under this Section of the Agenda. 13 Confirming By -Law Resolution #C-024-16 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-law 2016-008, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 18th day of -January 2016; and That the said by-law be approved. 5-14 Carried -14- 14 Adjournment Resolution #C-025-16 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 9:10 PM. Mayor Carried - 15= Council Minutes January 18, 2016 Municipal Clerk 5-15 Clarington Accessibility Advisory Committee December.2 , 2015, 6:00 P.M. Meeting Room 1A Present: Andre O'Bumsawin Tim Van Leeuwen John Sturdy Jacquie Watchorn Shea -Lea Latchford Maureen Reed Also Present: Jeannette Whynot —Accessibility Coordinator Faye Langmaid - Manager of Special Projects, Planning Department Regrets: Councillor Partner Sally Barrie Adoption of Minutes Moved by John Sturdy seconded by Andre O'Bumsawin That the minutes of the meeting of. November 3, 2015 be approved. CARRIED 1. Presentation Clarington CIP Faye Langmaid, presented information on the Community Improvement Plan (CIP) program to the Committee. The Committee was provided an overview of the various type of grant funds available and the types of projects they typically result in. The Committee was advised that the Building Code Grant has the least amount of money available and is the one that could potentially result in accessibility improvements. Grants are limited and are used up quickly in most of the Business Improvement Areas (BIAs). The Committee was informed the grants are not just focused on accessibility, though there has been a discussion amongst the BIA that this type of grant is needed and would be welcomed by the community. Questions were asked on the communication strategy for the CIP program. The Committee was advised that information is distributed via Clarington's website, BIA sessions, and hand delivered letters in some cases. 10-1 Clarington Accessibility - 2 - December 2, 2015 Advisory Committee Questions were also asked about changing the matching requirements currently in place. The Committee was informed that this can be changed but there is a process that needs to take place because they are public funds. Moved by, Maureen Reed seconded by Andre O'Bumsawin Whereas the Clarington Accessibility Advisory Committee recognizes the need to assist local businesses to make their establishments more accessible; Now therefore be it resolved that the Clarington Accessibility Advisory Committee recommend to Council that the Community Improvement Plans (CIPs) program be specifically targeted on accessibility related improvements; and That Council increase the budget for the CIPs to include these improvements. Moved by Shea -Lea Latchford, seconded by Andre O'Bumsawin Whereas the Clarington Accessibility Advisory Committee recognizes the need to assist local businesses to make their establishments more.accessible; Now therefore be it resolved that the Clarington Accessibility Advisory Committee recommends undertaking a review of the funding percentages for the Community Improvement Plan program. 3. Business Arising From Minutes (a) Freedom of Information (FOI) Request The Accessibility Coordinator advised the Committee that their FOI request has been submitted and that she has been in contact with staff from the Government of Ontario about the request. The Committee was advised that there are no major updates to provide at this time, but that the Committee will be provided information as it becomes available. (b) ServiceOntario Advocacy Letter The Committee was provided a copy of the response received from the Premier of Ontario. The Accessibility Coordinator advised the Committee that there are two outstanding responses and that they are not expected until the New Year given the upcoming holiday season. The Committee will be provided information 10-2 Clarington Accessibility - 3 - December 2, 2015 Advisory Committee as it becomes available. 4. New Business (a) 2015 Accessibility Status Report The Accessibility Committee was provided a copy of the 2015 Accessibility Status Report. The report is a requirement of both the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The Committee was advised that if there were no objections, that the report would be sent to the General Governance Committee and Council in the New Year. Moved by Maureen Reed, seconded by John Sturdy, That, the 2015 Accessibility Status Report be received for information. CARRIED (b) Updates to the Customer Service (CS) Standard The Accessibility Coordinator advised the Committee that under the AODA standards must be reviewed every 5 years and that over the past 2 years the Government of Ontario has been reviewing the Customer Service Standard. Under the law, the government must post regulations, including changes to regulations, for 45 days to allow for public comment. In this situation, comments must be submitted by December 31, 2015. The Accessibility Coordinator advised the Committee that what was posted is not technically a draft regulation but rather a summary of their proposed changes. The difference is that a draft regulation would have the exact wording of the (proposed) regulation while a summary speaks in more general terms. It is yet to be seen if this meets their legal requirements, however if it is sufficient, it is - important that the Municipality submit its feedback. The Committee was told that if the "summary" does not meet the legal requirement to post a draft regulation, the government will be forced to do this process again, at which time we will have another opportunity to submit comments. The Committee was advised that most of the changes have a minor impact on the Municipality and that most of the changes are adding clarification to the existing requirements. Support persons, service animals and training requirements were discussed more specifically as they will have the largest impact on the Municipality. 10=3 Clarington Accessibility Advisory Committee 5. n. 7. 10-4 December 2, 2015 The Committee was advised that the Government wants to repeal the CS Standard and incorporate its requirements in the Integrated Accessibility Standards Regulation (IASR). While this has virtually no impact on the municipality because of its classification and size, it would have a significant impact on smaller businesses. Currently, the CS Standard defines a large organization as one with 20 or more employees, while the IASR defines a large organization as having 50 or more employees. By amalgamating the regulations, organizations_ with 20-49 employees would no longer be required to document their obligations under the CS standard. A discussion on the impact this would have on local businesses occurred. The Accessibility Coordinator advised that she would incorporate the Committee's concerns in a formal submission to the government but that the submission should primarily focus on the impact. the proposed changes would have on the municipality. Moved by Andre O'Bumsawin, seconded by John Sturdy That the Accessibility -Coordinator submit feedback on the CS update on behalf of the AAC and that a copy of this submission be provided to the AAC for information in the future. CARRIED Regional Update No update. Other Business Moved by John Sturdy, seconded by Shea Lea Latchford That the January 6th, 2016 meeting be cancelled. CARRIED Date of Next Meeting Wednesday February 3, 2016 at 6:00 PM. Clarington Accessibility - 5 - December 2, 2015 Advisory Committee 8. Adjournment Moved by Maureen Reed seconded by Andre O'Bumsawin That the meeting adjourn. The meeting adjourned at 7:15p.m. Chair Secretary 10-5 Agricultural Advisory Committee of Clarinqton Meeting Members Present: Thursday, January 14th, 2016 Elgin Greenham Les Caswell Councillor Partner Tom Barrie Ted Watson Regrets: Jenni Knox, Don Rickard Brenda Metcalf Mary Ann Found Henry Zekveld Eric Bowman John Cartwright Guests: Ken Towle and Mark Peacock, GRCA, Bob Genosko, Operations, Tom Vendrasco, Municipal Law Enforcement Members of the Public: Beth and Ted Meszaros, Marg Zwart Staff: Faye Langmaid Brenda welcomed all to the meeting, with introductions. Adoption of. Agenda 016-01 Moved by Eric Bowman, seconded by Ted Watson "That the Agenda for January 14th, 2016 be adopted" Carried Approval of Minutes 016-02 Moved by Tom Barrie, seconded by Les Caswell "That the minutes of the December 10th, 2015 meeting be approved" Carried Presentation on Invasive Plant Species Ken Towle works at GRCA is also on the Ontario Invasive Plant Council. Ken provided an overview of the invasive. plant species that are most common in Clarington, showing photos of them, issues with them, how they spread, and potential. controls. 10-6 ricultural Committee Minutes • Dog Strangling Vine Giant Hogweed • Wild Parsnip • Invasive Phragmites • Garlic Mustard • Himalayan Balsam The Early Detection and Distribution System allows tracking and mapping of invasive species through on-line data entry at www.EDDMapS.org/Ontario. This international system has been officially adopted by Ministry of Natural Resources and Forestry. Any member of the public can participate. Ken reviewed other recent developments such as the Clean Equipment Protocol for Industry and the Ontario Invasive Species Act given royal assent in November of 2015. The CA's, Region and Municipality's held a workshop in November to discuss the issues and begin to determine an invasive species strategy. Questions to consider are: Now that dog strangling vine, giant hogweed and wild parsnip are on the noxious weed list, what are the responsibilities of public and private landowners? How can property owners afford to undertake control efforts? How could an Invasive Species Strategy benefit Clarington? Should Durham Region consider developing such a strategy? What should be the scope of such a strategy? Who would be in charge of creating and implementing such a strategy? Business Arising from Minutes 2015 Accomplishments — Brenda attended the Planning and Development Committee meeting on Monday to inform Council of the Agricultural Committee's accomplishments for 2015. Council thanked Brenda for providing the update, there was some discussion on the issues surrounding communication of the 407 construction impacts. Agri -Tourism- Sub -committee on Agri -tourism meeting notes and information were distributed to the committee with agenda. In addition to the previous information provided by the Committee (see Attachment 1) the recommendations of the'sub- committee to further clarify the draft guidelines for on-farm diversified uses were approved. 016-03 Moved by Les Caswell, seconded by Eric Bowman 2 "That for on-farm diversified uses the size be restricted to 2% and that compatibility address traffic, noise, compaction of soil, lights and potential trespass." (see Attachment I for guidelines)" Carried Agricultural Advisory Committee of Clarington January 1411, 2016 10-7 ricultural Committee Meeti e3 For on-farm diversified uses to be considered as Secondary there has to'be a primary farm use. From the dictionary: Primary means first or highest in rank or importance, chief, principal use. Correspondence, etc. None to consider. Liaison Reports Durham Agriculture Advisory Committee —no report Durham Region Federation of Agriculture —Farm Connections; April 6,7,8 at Vipond Arena. 21 schools have registered. High School program,will be at J. Clark Richardson in Ajax on March 9th. Looking for volunteers. Applications for the education trailer have been submitted to Greenbelt Foundation, waiting to hear. Scholarships available for students in agriculture, contact Karen Yellowlees for details. Ontario Farmers Association working with Beef Farms of Ontario to present a unified message. Claringfon Board of Trade —Scheduled to attend in March to highlight economic database. Other Business "did you know" -at each meeting that. committee members will select an item to - circulate to their colleagues (agriculture community contacts) to help spread the word. For this meeting Faye will circulate the presentation by Ken and the website link to map invasive plant species. UOIT — Agricultural Certificate has 8 participants. The group has received a thank you from Betty Khattab for assisting in helping to outline the program. Future Agendas Kim Rudd, new MP (for Ward 4 area of Clarington) is looking to attend April 14th. Erin, O'Toole may attend the February meeting. Carolyn Puterbough, OMAFRA and Sheila Hall will attend the March meeting about the Economic Database they have access to. Suggested to have Blackbird (407 contractor) attend a future meeting. Eric Bowman moved to Adjourn Agricultural Advisory Committee of Clarington January 101, 2016 Agricultural Committee Meeting Page 4 Next Meeting, February 11th, 7:30 p.m. Room 1 C at Municipal Administrative Office Tracey Werry, Durham Farm Fresh and Ron Albright, Engineering (407) Agricultural Advisory Committee of Clarington January 14th, 2016 10-9 Appendix I - Agri -Tourism Definition Agri -tourism breaks into 3 categories, agri-enterainment (weddings, pumpkin cannons, corn mazes), agri-education (on farm tours, classroom setting), agri-culinary (experience regional cuisine). The overall consensus from the committee was that the municipality must maintain a level of control and be careful in what it allows. Committee members support agri-tourism but do not support it being available "as of right". Agri -education should be encouraged but with controls in place such as the need for a rezoning. What is truly to be protected is the resource, the soil and its production potential and the zoning carries with the land, onto future operators. Source: Feb 11, 2010 minutes of AACC Framework for decision-making for agri-related secondary uses and non -agriculture uses In dealing with diversification of uses in the countryside, the following principles should be used to determine what constitutes an acceptable diversified and/or secondary use: a. The right to farm, including the right of an adjacent property to farm. b, Protection of the agricultural land base (e.g, parcel size, fragmentation). c. Protection of the integrity of agricultural lands for farming (e.g. does the use require the soil nutrients to be a viable use). d. Main purpose of allowing on-farm diversified uses is to increase financial returns for farmers and as a result improve the viability of.farming. e. On-farm diversified uses and value-added activities must not detract from the primary agricultural function. f. The potential for land use conflicts that may arise from the allowing of non-farm (non- agricultural) uses should be minimized (e.g. traffic impacts, nuisance). g. Allowing non-agricultural uses in the countryside should not negatively impact the financial situation of adjacent farms. h. Given the diverse rural countryside, controls for scale and impact should be considered on a case-by-case basis for secondary non-agricultural uses (e.g: zoning amendment). Source: Page 66 Countryside Discussion Paper—August 2013 'On-farm diversified uses: To be considered as secondary to the principal agricultural use of the property, the primary use has to be defined. Primary means first or highest in rank or importance, chief, principal use. Therefore the secondary use (which could be more profitable) must still be subordinate to the Primary use, Amendments to On -Farm Diversified Use in Job Aid as noted on next page. Source: Jan 14, 2016 minutes of AACC. 10-10 Criteria for Po witted Usps in Prime Agricuitur•al Areas 010-213-0-00,2_2 .' _-6.. 3 •y 1 i . 1 i i / (; =='_ .. _ Agricultural 1. The growing of crops, raising of livestock and raising of outer animals for food, fur or fibre 2. Includes associated on-farm buildings and structures, Including but not limited to livestock facilities, manure storages value -retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment 3. All types, sizes and Intensities of agriculturat uses shall be promoted and protected In accordance with provincial standards 4. Normal farm practices shall be promoted and protected In accordance with provincial standards Agriculture- 1. Farm -related commercial and farm -related industrial uses Related 2. Shall be compatible -with and shall not hinder surrounding agricultural operations 3. Directly related to farm operations in the area 4. Supports agriculture 5. Provides direct products and/or services to farm operations as a primary activity 6. Benefits from. being In close proximity to farm operations On -Farm 1. Located on a farm Diversified 2. Secondary to the principal agricultural use of the property 3, Limited In area 9.% 4. Includes, but Is not limited to, home occupations, home industries, agrl-tourism uses and arses that produce value-added,agrlcultural products 5. Shall be compatible with, and shall not hinder, surrounding agricultural operations q� Lb Job Ald — (draft) Otlldellnes of -Permitted Uses In Ontario's Prime Agricultural Area October 8, 201" 10-11 Differellce botwpoll Valtiv-Retahlint, and Value -Added Uses Joie Aid — (Graft) Guidelines of Per'mltted Uses in Ontat'iors Prime Agricultural Area^ October 8, 2015 10-12 CI)aractcaris#lcs o Maintain the quality of o Process agricultural agi'icul#tll'1l Comr))odltes collinlo(lities into new (Le, prevent spoilage) or forms that enhance their provl(le a minimum Value amount of lirocessing to o May add off -fart)) II)ptlts make all agricultural collimodity saleal)Ie AgrictI1411'al C01)lmo(litleS are produced on the fare) Examples o Atmosphere eontroile(I o Pressing apples and storage, cleaning, bottling dcler, wine - grading, drying, sorting, making, grain milling, evaporating maple Sap cherry pitting and into syrup, honey preserving, Chopping =Incl extraction, simple (hulk) canning carrots, grai=l pac.k<rging roasting for livestock feed, retail-or'lented packaging Type of Use © Agricultural uses or $ Agriculture -related uses 01' agriculture-relattW uses oto farm diverslfled uses Joie Aid — (Graft) Guidelines of Per'mltted Uses in Ontat'iors Prime Agricultural Area^ October 8, 2015 10-12 Claiftwu General Government Committee Report to Council Report to Council Meeting of February 8, 2016 Subject: General Government Committee Meeting of Monday, January 25, 2016 Recommendations: • Receive for Information (a) 8.1 Minutes of the Tyrone Community Centre dated September 16, October 21, November 18, and December 16, 2015 (b) 8.2 Minutes of the Kawartha Conservation Authority dated November 25, 2015 (c) 8.3 Minutes of the Regional Municipality of Durham, Energy from Waste — Waste Management Advisory Committee dated November 17, 2015 (d) 8.4 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham — Update and Feedback to the Province on Ontario's Proposed Cap.and Trade Program Design Options (e) 8.5 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham — Proposal Regarding an Ontario Climate Resilience Fund . (f) 8.6 Brian McGee, Senior Vice President, Ontario Power Generation — Pickering Nuclear — Letter to Canadian Nuclear Safety Commission Re: Pickering Nuclear Generating Station (g) 8.7 Kyle Fitzgerald, Chair, Durham Youth Council — GO Train Extension to Bowmanville (h) 9.2 Carol Hall Regarding the Treatment of.Animals at the Bowmanville Zoo (i) EGD -003-16 Monthly Report on Building Permit Activity for October, November, and December 2015 Page 1 10-13 Claftqui General Government Committee Report to Council Q) 21.1 Memorandum from Anne Greentree, Municipal Clerk regarding CLD -004-16, Election Sign By-law — Sign Placement Portion, dated January 22, 2016 2. Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an Economic Development Update That the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Development Update, be received with thanks. 3. Port of Newcastle Subdivision Phase 2 West Stage 4, Newcastle, Plan 40M-2375 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD -004-16 be received; That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2375; That Council approve the by=law attached to Report EGD -004-16, assuming a certain street within Plan 40M-2375 as public highway; and That all interested parties listed in Report EGD -004-16 be advised of Council's decision. 4. Valiant Subdivision Phase 5, Bowmanvilie, Plan 40M-2363 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD -005-16 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2363; That Council approve the by=law attached to Report EGD -005-16, assuming certain streets within Plan 40M-2363 and adjacent Plan 40M-1852 as public highways; and That all interested parties listed in Report EGD -005-16 be advised of Council's decision. Page 2 10-14 Cla rft mi i General Government Committee Report to Council 5. Westvale Subdivision Phase 2, Courtice, Plan 40M-2353 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and. Other. Related Works That Report EGD -006-16 be received; That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2353; That Council approve the by-law attached to Report EGD -006-16, assuming certain streets within Plan 40M-2353 as public highways; and That all interested parties listed in Report EGD -006-16 be advised of Council's decision. 6. Headgate Subdivision, Courtice, Plan 40M-2452 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD -007-16 be received; That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2452; That Council approve the by-law attached to Report EGD -007-16, assuming a certain street within Plan 40M-2452 as public highway; and That all interested parties listed in Report EGD -007-16 be advised of Council's decision 7. Newcastles of the World That Report CSD -001-16 be received; That the Newcastles of the World Steering Committee be established as a Committee of Council and the Terms of Reference (Attachment 2) be approved for the period of February 2, 2016 to October 31, 2016; That Councillor Partner be appointed as the Council Representative to the Newcastles of the World Steering Committee; That the $20,000 financial contribution be referred to the 2016 municipal budget process; Page 3 10-15 D) 10-16 General Government Committee Report to Council That Council support all appropriate grant funding applications of the Committee; That the Municipality of Clarington Finance Department issue receipts for sponsorship and donation payments pertaining to Newcastles of the World event and in turn remit these funds to the Newcastles of the World Steering Committee for their use; That municipal staff involvement with participation in the conference sessions be referred to Department Heads for their consideration; and That all interested parties listed in Report CSD -001-16 and any delegations be advised of Council's decision. Sponsorship Requests from the Community Living Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville That Report CSD -002-16 be received; That the sponsorship request for Community Living Oshawa/Clarington, in the amount of $1,500.00, be approved; That the sponsorship request for VON Durham, in the amount of $1,000.00, be approved; That the sponsorship request for Concerts in the Park Bowmanville, in the amount of $2,500.00, be approved; and That all interested parties listed in Report CSD -002-16 and any delegations be advised of Council's decision. Municipal Ombudsman That Report CLD -008-16 be received; That Council approve the appointment of a, Municipal Ombudsman to conduct investigations with respect to the administrative acts of the Municipality of Clarington; That the Region of Durham be advised that Clarington supports the concept of a Regional ombudsman acting as Clarington's Municipal Ombudsman on a "fee for service" basis; That staff continue to work with the Region of Durham, as deemed appropriate, in the RFP process to ensure that Clarington's needs are include in the Regional RFP; Page 4 Claftwn General Government Committee Report to Council That staff report back at the conclusion of the RFP process; and That all interested parties listed in Report CLD -008-16 and any delegations be advised of Council's decision. 10. Private Property Parking Enforcement That Report CLD -009-16 be received; That the By-law, attached to Report CLD -009-16 as Attachment 2, to appoint Nemesis Security as Private Parking Officers for 55 and 75 Shipway Avenue Newcastle, be approved; and That all interested parties listed in Report CLD -009-16 and any delegations be advised of Council's actions. 11. Orono Business Improvement Area By-law That Report LGL -001-16 be received; and That staff be directed to: (a) provide notice to every member of the current Orono Business Improvement Area of Council's intention to repeal By-law 81-1, as amended by By-law 94- 44, and By-law 89-50; and (b) if no objections are received in response to such notice, report back to Council at its meeting on February 29, 2016 with recommendations to (i) repeal By-law 81-1, as amended by By-law 94-44, and By-law 89-50; and (ii) continue the committees of the Orono BIA that were. established to run the Orono Chili Cook -Off, Orono Santa Claus Parade and Orono Antique Festival as committees of Council. 12. Renaming of Fire Station #5 Whereas Arnot Wotten has made a significant contribution to the Municipality of Clarington; and Whereas it would be a fitting tribute to Arnot to rename a municipal facility after Arnot Wotten; Now therefore be it resolved that the.Naming of Municipal Buildings/Facilities Policy be waived; That the Fire Station #5 be renamed to the "Arnot Wotten Fire Station #5"; and That the family of the late Mr. Wotten be advised of Council's decision. Page 5 10-17 '1- 13. West Beach Parkette General Government Committee Report to Council That Staff be directed to provide a report on the following, with respect to the West Beach Parkette, by the March 7, 2016 General Government Committee meeting: The long term plan for the West Beach Parkette; Solutions to the problems associated with unauthorized night time use of the parkette; and Solutions to address the safety issues associated with the West Beach Parkette parking lot, including (but not limited to): • Pedestrian Safety, particularly, those walking along West Beach Road • Visibility for drivers backing out of spaces in West Beach Parkette lot • Visibility for drivers exiting West Beach Road and turning north • The absence of a three way stop sign, especially during peak season 14. Election Sign By-law — Sign Placement Portion That the By-law attached to Report CLD -004-16, as Attachment 1 to regulate Election Signs, be approved with the following amendments: 1. the displaying of election signs is prohibited within any visibility triangle; 2. the sign size be consistent throughout the municipality regardless of the zoning on a property; 3. the sign height cannot exceed 1.22 metres; 4. the sign width cannot exceed 2.44 metres; 5. the total sign height cannot exceed 1.5 metres (from grade to the top of the sign structure); and 6. the payment of the $250 deposit must be made before any election sign's for the candidate are displayed; That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and That all interested parties listed in Report CLD -004-16 and any delegations be advised of Council's actions. Claringon Planning &Development Committee Report to Council Report to Council Meeting of February 8, 2016 Subject: Planning & Development Committee Meeting of Monday, February 1, 2016 Recommendations: 1 - Receive for Information (a) PSD -013-16 Year End Planning Applications 2. Applications for Zoning By-law Amendments to Permit 5 Single Detached Dwellings and 1 Linked Dwelling Lots on Holyrod Drive in Courtice That Report PSD -010-16 be received; That the Zoning By-law Amendment application submitted by H & H Building Corporation (Valleymore Land Corp.) be approved as contained in Attachment 1 to Report PSD -010-16; That the Zoning By-law Amendment application submitted by LDB Holdings Ltd. be approved as contained in Attachment 2 to Report PSD -010-16; That a by-law(s) be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the applicants enter into an agreement with the Municipality to the satisfaction of the Director of Planning Services; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -010-16 and Council's decision; and That all interested parties listed in Report PSD -010-16 and any delegations be advised of Council's decision. Page 1 10-19 Clarkigton Planning & Development Committee Report to Council 3.. Blue Dot Movement That Report PSD -011-16 be received; That Council adopt the recommended Municipality of Clarington Declaration for The Right to a Healthy Environment, contained in Attachment 3 to Report PSD -011-16, as follows: Whereas the Municipality of Clarington strives to sustain natural resources and our environment for future generations and to foster a healthy community that nurtures the health and well-being of residents to provide for a high quality of life; Whereas the Municipality of Clarington endeavours to make Clarington a place where people, businesses and governments collectively balance growth with the protection, management and enhancement of rural landscapes, cultural heritage, natural resources and the natural environment; Whereas Council's Strategic Plan Vision of "Building a Sustainable, Creative, Caring Community" and the Municipality of Clarington's many plans, policies, programs and actions support environmental protection, enhancement, stewardship and health; Whereas the Municipality of Clarington understands that people are part of the environment, and that a healthy environment is inextricably linked to the well- being of our communities; Therefore it be resolved that the Municipality of Clarington finds and declares that: The Municipality of Clarington supports in principle the right to live in a healthy environment, including: The right to breathe clean air The right to drink clean water The right to consume safe food The right to access nature The right to know about pollutants and contaminants released into the local environment The right to participate in decision-making that will affect the environment Page 2 10-20 Clarington Planning &Development Committee Report to Council In order to respect, protect, fulfill and promote these rights within the Municipality's jurisdiction and means, the Municipality shall continue to implement its strategies, plans, policies, programs and actions by undertaking actions such as, but not limited to, the following: a. Ensuring infrastructure and development projects protect the environment; b. Addressing climate change mitigation, adaptation and resilience; c. Planning for appropriate and responsible development in accordance with the Provincial Growth Plan for the Greater Golden Horseshoe; d. Responsibly increasing density in accordance with the Clarington Official Plan; e. Supporting the development of a safe, accessible and interconnected transportation system that provides for a full and practical range of mobility options, including carpooling, active transportation, and transit; f. Encouraging the Region of Durham to continue to ensure adequate infrastructure for the provision of safe and accessible drinking water, while implementing our duties and responsibilities under the Clean Water Act and Source Protection Act; g. Promoting the availability of local foods; h. Promoting the Region of Durham's solid waste reduction, recycling and composting programs; i. Establishing and maintaining accessible green spaces, parklands and waterfront areas; and j. Protecting and enhancing the natural heritage system and its ecological integrity. The Municipality of Clarington should continue to promote residents' engagement in matters affecting sustainability and the right to a healthy environment. The Municipality of Clarington should take a responsible approach, consider cost effective measures, aim to prevent the degradation of the environment and aim to protect the health of its citizens when making decision that could impact human health or the environment. Page 3. 10-21 c r Planning & Development iarftwn Repol Q 10-22 Committee to Council The Mayor on behalf of Municipal Council, be directed to forward this resolution to the Right Honourable Justin Trudeau, Prime Minister of Canada, with the request that the right of all citizens to live in a healthy environment be enshrined in appropriate federal legislation including the Canadian Charter of Rights and Freedoms; The Mayor on behalf of Clarington Council, be directed to forward this resolution to the Honourable Kathleen Wynne, Premier of Ontario, with the request that the right of all citizens to live in a healthy environment be enshrined in appropriate provincial legislation including Ontario's Environmental Bill of Rights; A copy of this resolution be forwarded to Hon. Erin O'Toole, MP (Durham), Kim Rudd, MP (Northumberland:Peterborough South), and Granville Anderson, MPP (Durham); A copy of this resolution be sent to the Federation of Canadian Municipalities and the Association of Municipalities of Ontario; and A copy of this resolution be sent to the Regional Municipality of Durham. That all interested parties listed in Report PSD -011-16 and any delegations be advised of Council's decision. An Application by Heather Holt to Permit One Additional Single Detached Dwelling by Reductions in Frontage and Setback Requirements That Report PSD -012-16 be received; That the Zoning By-law amendment application submitted by Heather Holt be approved as contained in Attachment 1 to Report PSD -012-16; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -012-16 and Council's decision; and That all interested parties listed in Report PSD -012-16 and any delegations be advised of Council's decision. Page 4 Cj~n Planning- & Development Committee Report to Council 5. Amendment No. 104 to the Clarington Official Plan to Delete an Elementary School Site in the Worden East Neighbourhood Amendment to the Worden East Neighbourhood Design Plan Applications Submitted by H&H Properties Inc. That Report PSD -014-16 be received; That Amendment No. 104 to the Clarington Official Plan, prepared in response to an application submitted by H & H Properties Inc. be approved, as contained in Attachment 2 of Report PSD -014-16 and that the appropriate by-law be passed; That the revised Worden East Neighbourhood Design Plan as contained in Attachment 3 of Report PSD -014-16, as amended to insert "roads" after the words "development limits" into the legend for the Environmental. Study Area, be supported; That Staff be authorized to initiate an amendment to Zoning By-law to permit only single family detached dwellings with greater lot frontages and setbacks in the Urban Residential Type One (R1) zone, fronting on Tooley Road with the exception of the medium density area, which would be rezoned to `Agricultural (A)'; and That all interested parties listing in Report PSD -014-16 and any delegation be advised of Council's Decision. 6. Applications by H & H Properties Inc. to Develop 68 Low Density Multi - Unit Residential Dwellings and 9 Single Detached Units That Report PSD -015-16 be received; That the application for Draft Plan of Subdivision S -C-2015-0001 submitted by H & H Properties Inc. be supported subject to conditions as contained in Attachment 2 of Report PSD -015-16; That the Zoning By-law Amendment application submitted by H & H Properties be approved as contained in the memo from the Director of Planning Services dated February 1, 2016; That Council approve, in principal, the closure and conveyance of Cloverfield Street, east of Centrefield Drive to the limits of the H & H Properties Inc. development proposal; Page 5 10-23 Clarftm Planning & Development Committee Repor r to Council That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -015-16 and Council's decision; and That all interested parties listed in Report PSD -015-16 and any delegations be advised of Council's decision. 7. Nash Road Developments and the Greenbelt Plan Whereas the Province of Ontario is currently reviewing the Greenbelt Plan as part of the Co-ordinated Four Plan Review; Whereas the Municipality of Clarington requested the Province to review the reasoning behind the boundary of the agricultural areas that have been excluded from the Greenbelt; Whereas Nash Road Developments Inc. is the owner of approximately 35 ha of land on the north east corner of Nash Road and Hancock Road, adjacent to the Courtice Urban'Area; Whereas the exact alignment of the Highway 418 had not been determined when the Greenbelt boundary was determined in 2005 but now abuts the eastern edge of the property; Whereas municipal water and sanitary sewer services are available to the lands owned by Nash Road Developments; Whereas on May 11, 2015 the Municipality of Clarington requested the Minister of Municipal Affairs and Housing to broadly expand the Greenbelt to incorporate key agricultural lands in the urban separators between Courtice and Bowmanville and between Bowmanville and Newcastle; Now therefore be it resolved that the Municipality of Clarington requests that the Minister of Municipal Affairs and Housing consider the removal of the lands owned by Nash Road Developments Inc. from the Greenbelt in the context of broad expansions to the Greenbelt in other areas in the Municipality of Clarington. That a copy of this resolution be forwarded to the Region of Durham and MPP Granville Anderson. 10-24 Engineering Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Council Date of Meeting: February 8, 2016 Report Number: EGD -009-16 Resolution: File Number: By-law Number: Report Subject: Appointment of Chief Building Official Recommendations: 1. That Report EGD -009-16 be received; 2. That Brent Rice be appointed as the Chief Building Official for the Municipality of Clarington, effective immediately and that his name be added to Schedule `A', Table `A' of By-law 2011-036y 3. That Richard A. Pigeon's name be deleted from Schedule `A', Table `A' of By-law 2011- 036; and 4. That the appropriate by-law be forwarded to Council. Municipality of Clarington Report EGD -009-16 Mage 2 Report Overview Clarington is appointing, Brent Rice, our new Chief Building Official to replace the recently retired Richard A. Pigeon. By way of this report we are adding Brent Rice's name to the Building by-law 2011-036 while removing the name Richard A. Pigeon. 1. Review and Comment 1.1 Brent Rice was hired by the Municipality of Clarington to replace Richard A. Pigeon, who has retired. Brent has all of the qualifications necessary to function as the Chief Building Official under the Ontario Building Code and has many years of experience in this role, the most recent being with the Town of Whitby The Building Code requires that the Chief Building Official pass the Powers and Duties of the Chief Building Official exam with the Ministry of Municipal Affairs & Housing to be qualified, and Brent has met this requirement. Brent also has the following Ministry of Municipal Affairs and Housing qualifications: Building Service, Building Structural, Complex Buildings, Lighting and Power Detection, HVAC -House, House, Large Buildings, Plumbing -All buildings, Plumbing -House, Small Buildings. 1.2 Richard A. Pigeon is no longer employed by the Municipality of Clarington and his name is to be deleted from Schedule 'A;, Table 'A' of By-law 2011-036. 2. Concurrence Not Applicable 3. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan and Councils initiative to provide waterfront parks. Submitted by: _% Reviewed by Anthony Cannella Director of Engineering Services Franklin Wu, Chief Administrative Officer Staff Contacts: Anthony S. Cannella, C.E.T. Director of Engineering Services Attachments: Attachment 1 — Proposed by-law amendment ASC/jb 11-2 ATTACHMENT # I TO REPORT # LED- -/l, THE.CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2016 -XXX Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety. Inspectors. WHEREAS, the Council of the Municipality of Clarington has approved the recommendations contained in Report EGD -009-16. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1: Schedule `A', Table `A' to By-law 2011-036 is hereby amended by adding the following there to: Column 1 "Chief Building Official" Column 2 "Brent Rice" Column 3 "Chief Building Official" Column 4 "18720" 2. , Schedule `A', Table `A' to By-law 2011-036 is' hereby amended by deleting the following thereto: "Richard A. Pigeon" This By-law shall come into effect on the date of passing. BY-LAW passed in open session this xx day of xx, 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 11-3 UNFINISHED BUSINESS C'•'a`N r mm Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: February 8, 2016 Report Number: File Number: Report subject: Addendum to Report CLD -0'07-16 C12.EN Resolution: By-law Number: Appointments to Energy From Waste - Waste Management Advisory Committee Recommendations: 1. That Report CLD -007-16 be received; 2. That Addendum to Report CLD -007-16 be received; 3. That the current Clarington appointees be thanked for their contributions to the Energy -from Waste — Waste Management Advisory Committee; 4. That the vote be conducted to appoint four citizen representatives for a two-year term or. until a successor is appointed, from the Municipality of Clarington, to the Region of Durham's Energy From Waste — Waste Management Advisory Committee, in accordance with the Appointments to Boards and Committees Policy; and 5. That all interested parties listed in Addendum to Report CLD -007-16 and any delegations be advised of Council's decision. 13-1 Municipality of Clarington Addendum to Report CLD -007-16 page 2 Report Overview This report is intended to provide background information regarding the vacancies on the Energy from Waste — Waste Management Advisory Committee (EFW-WMAC) and to assist Council in the appointment of members to fill these vacancies. 1. Energy from Waste a Waste Management Advisory Committee (EFW-WMAC) Application Deadline Extended At the January 25, 2016 General Government Committee meeting, the Committee extended the application deadline to February 1, 2016 to coincide with the Region of Durham's application deadline and the Report was referred to the February 8, 2016 Council meeting. Accordingly, additional advertisements were place in the Clarington This Week and the Orono Times on January 27, 2016 and on the Municipality of Clarington's website and social media. An additional two applications were received which makes a total of 11 applications having been received as follows: • Wendy Bracken* • Michael Carey • Karen Cashin • David Climenhage • Elaine Collis • Robert Davidson • Sami Elhajjeh • John Hicks • James Hodge • Geoff James • Jim Vinson* Please note that an asterisk following the applicant's name indicates that the person is presently a member of the EFW-WMAC. Applications have been circulated under separate cover (Attachment 2) as they contain personal information. 2. Concurrence Not Applicable 13-2 Municipality of Clarington Addendum to Report CLD -007-16 o����l�z� In order to fulfill the requirements of the EFW-WMAC Terms of Reference, it is . recommended that four of the following applicants be appointed to the EFW-WMAC for a two-year term or until a successor is appointed: ® Wendy Bracken ® Michael Carey ® Karen Cashin ® David Climenhage ® Elaine Collis ® Robert Davidson ® Sami Elhajjeh ® John Hicks ® James Hodge ® Geoff James ® Jim Vinson 4. Strategic Plan Application Not applicable. Submitted b '��' �/ Reviewed b -�- y�C.�Anne ~G .tient , "W `� Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Michelle Chambers, Committee Coordinator, 905-623-3379 ext. 2106 or mchambers(aD-clarington. net Attachments: Attachment 1: Report CLD -007-16 (Excluding Confidential Attachment #2 to Report CLD -007-16) Attachment 2: EFW-WMAC Confidential Applications (Distributed Separately) 3 13-3 Municipality of Clarington Addendum to Report CLD -007-16 List of interested parties to be advised of Council's decision: Wendy Bracken Michael Carey Karen Cashin David Climenhage Elaine Collis Robert Davidson S.ami Elhajjeh John Hicks James Hodge Geoff James Jim Vinson Paqe 4 Mirka Januszkiewicz, Director, Waste Management, Regional Municipality of Durham Melodee Smart, Administrative Assistant, Commissioner's Office, Works Department, Regional Municipality of Durham CAG/jeg/mc 13-4 Attachment 1 to Addendum to Report CLD -001-16 eport If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: , January 25, 2016 Report Number: CLD -007-16 Resolution: File Number: C12.EN By-law Number: Repbrt Subject: Appointments to Energy From Waste — Waste Management Advisory Committee Recommendations: 1. That Report. CLD -007-16 be received; 2. That the current Clarington appointees be thanked for their contributions to the Energy from Waste —Waste Management Advisory Committee; 3. That the vote be conducted to appoint four citizen representatives for a two-year term or until a successor is appointed, from the Municipality of Clarington, to the Region of Durham's Energy From Waste — Waste Management Advisory Committee, in accordance with the Appointments to Boards and Committees Policy;. and 4. That all interested parties listed in Report CLD -007-16 and any delegations be advised of Council's decision. 13=5 Municipality of Clarington Report CLD -007-16 Paae 2 Report Overview This report is intended to provide background information regarding the vacancies on the Energy from Waste — Waste Management Advisory Committee (EFW-WMAC)- and to assist Council in the appointment of members to fill these vacancies. 1. Background 1.1. Energy from Waste —Waste Management Advisory Committee (EFW-WMAC) The EFW-WMAC was established in 2011. It acts in an advisory role'to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW Facility, including the construction and operational phases. The EFW-WMAC is comprised of nine residents from the Region of Durham: five residents appointed by. Durham Regional Council and four residents appointed by Clarington Council. 2. Current Situation 2.1. EFW-WMAC - End of Term The following four Clarington EFW-WMAC_ members were appointed in 2014, for a two year term: • Suzanne Marie Barnes • Wendy Bracken • Jim Vinson • Kathy Coupland As per the terms of reference (Attachment 1), the Region of Durham has notified Clarington's Municipal Clerk, on November 12, 2015, that the re -appointment process has begun. Accordingly, an advertisement was placed in the Clarington This Week and Orono Weekly Times December 9 &16, 2015 and January 6, 2016, on the Municipality of Clarington's website and social media, with an application deadline of January 15, 2016 at noon. At the time of writing this report, a total of nine applications were received as follows: • Wendy Bracken* (LATE) • Karen Cashin • David Climenhage (LATE) • Elaine Collis • Robert Davidson • Sami Elhajjeh 13-6 0 John Hicks Municipality of Clarington Report CLD -007-16 . Page 3 • Geoff James • Jim Vinson* Please note that an asterisk following the applicant's name indicates that the person is presently a member of the EFW-WMAC. "LATE" following the name indicates the application was received past the deadline of January 1.5, 2016 at noon. Applications have been circulated under separate cover (Attachment 2) as they contain personal information. 3. Concurrence Not Applicable 4. Conclusion In order to fulfill the requirements of the EFW-WMAC Terms of Reference, it is .recommended that four of the following applicants be appointed to the EFW-WMAC for a two-year term or. until a successor is appointed: • Wendy Bracken • Karen Cashin • David Climenhage • Elaine Collis • Robert Davidson • Sami Elhajjeh • John Hicks • Geoff James • Jim Vinson 5. Strategic Plan Application s Not applicable. Submitted by: C- Arinb-Greentree Municipal Clerk Reviewed by. Franklin Wu, Chief Administrative Officer Staff Contact: Michelle Chambers, Committee Coordinator, 905-623-337.9 ext. 2106 or mchambersP-clarington. net 13-7 Municipality of Claringfon Report CLD -007-16 Attachments: Attachment 1: EFW-WMAC Terms of Reference Attachment 2: EFW-WMAC Confidential Applications (Distributed Separately) List of interested parties to be advised of Council's decision: Wendy Bracken Karen Cashin David Climenhage Elaine Collis Robert -Davidson Sami Elhajjeh John Hicks Geoff James Jim Vinson Mirka Januszkiewicz, Director, Waste Management, Regional Municipality of Durham Melodee Smart, Administrative Assistant, Commissioner's Office, Works Department, Regional Municipality of Durham CAG/jeg/mc W Cl Energy from Waste -Waste Management Advisory Committee (EFW-WMACY Terms of Reference 1. Purpose ATTACHMENT #_1z�;—TO . REPORT # The Energy from Waste -Waste Management Advisory Committee (EFW-WMAC) is established to provide a forum for public and other stakeholders to monitor, review and. liaise with the Regional Municipality of Durham (Durham) on the EFW facility including how the waste is being sorted prior to arriving -on-site. The success of the EFW facility will depend on the diversion measures and waste separation (waste management) that happens at the transfer stations and curb -side collection. The EFW-WMAC (Committee) is being established to satisfy the Host Community Agreement (HCA) with the Municipality of Clarington (Clarington) and the Commissioner & Medical Officer of Health's Report 2009 - COW -01 obligations. 2. Mandate The EFW-WMAC will act in an advisory role to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW facility, including the construction and operational phases. The EFW-WMAC will be comprised of volunteers from Durham appointed by Durham Regional Council and Clarington Council in accordance with these Terms of Reference. 3. Scope of Activities The scope of activities that the EFW-WMAC may undertake include, but are not limited to: a) Review, discuss and improve understanding of waste diversion and management that occurs before the waste arrives at the EFW facility. b) Review, discuss, summarize and/or provide opinions about available . information, environmental surveillance programs, independent environmental testing, public reporting of environmental surveillance data, environmental performance for the EFW facility (as outlined in the Commissioner & Medical Officer of Health's Report 2009 -COW -01). c) Identify, assess and study specific issues/concerns which may be related to or associated with the EFW facility or feeder waste management EFW--WMAC Terms of Reference Page 1 of 7 (Revised December 7, 201.1, March 28,, 2012, and March 21, 2013) 13-9 system, including issues referred to the EFW-WMAC by the public, local governments, health professionals, etc., or that otherwise come to the EFW-WMAC's attention and to relay findings to Durham's Works Committee. d) Advise on the development and implementation of community outreach activities which support the growth and environmental awareness and appreciation in Durham in co-operation with other organizations .where appropriate. This may include public information sessions, educational workshops and participating in some community events. e) Review and discuss matters of public interest regarding the EFW facility and its processes, policies and operation. Advise on emerging issues that may be associated with environmental and human health. f) Facilitate communication between stakeholders. g) Provide a forum for the residents to bring their concerns/questions or suggestions pertaining to the EFW facility. 4. Composition The EFW-WMAC will be comprised of volunteers selected at large from Durham in accordance with these Terms of Reference. The EFW-WMAC will be comprised of nine members. Members shall not hold an elected office (municipal, provincial or federal). All members are regarded as individuals and. do not represent their respective employers or advocacy group in their capacity as an EFW-WMAC member. Members will be appointed for a two year term to. a maximum of three consecutive terms. Appointments will be staggered to provide continuity for. the committee. S. Membership Membership shall consist of nine residents from Durham. Five residents will be appointed by Durham Regional Council. Four residents will be appointed by Clarington Council. The EFW-WMAC will notify Durham's Works Committee or Clarington Council, as the case may be, of the need to seek replacement members. Members will be replaced in accordance with the membership selection process outlined in Sections 5 and 6 of these Terms of Reference. Members shall continue to serve until their replacements are appointed. EFW-WMAC Terms of Reference Page 2 of 7 (Revised December 7, 2011, March 28, 2012, and March 21, 2013) 1$-10 Non-attendance for three consecutive meetings will be considered grounds for replacement. Invitations to attend EFW-WMAC meetings will be provided to the following non-voting members, Staff representative .from Durham's Works Department. ® Staff representative from Durham's Health Department. ® Staff representative from The Regional Municipality of York. Staff representative from Clarington. ® Staff representative from the Ministry of the Environment. ® 'Senior staff representative of the facility's design, build, operate (DBO) contractor and operator. ® Ward 1 Local and Regional members of Clarington Council 6. ' Call for Membership Durham will advertise the opportunity to participate in the EFW-WMAC using local newspaper(s) within the boundary,of Durham. ' Responses will be evaluated by Durham's Senior Waste Management staff and recommended for appointment by Durham's Works Committee and Durham Regional Council for five members. Clarington will advertise the opportunity to participate in the EFW-WMAC as a representative of Clarington, using Clarington's process for committee appointments for four members. 7. Eligibility Criteria/Evaluation Interested residents from Durham must provide a detailed resume with a covering letter`outlining their interest and their qualifications in being appointed to this Committee. The submission of additional information on why they should be selected for membership, detailing their knowledge of the EFW facility and the Environ mental. Assessmenf process and project will be considered. Previous participation or experience with committees/working groups will .be considered an asset. EFW-WMAC Terms of Reference (Revised December 7, 2011, March 28, 2012, and March 21, 2013) Page 3 of 7 13-11 Every potential appointee must disclose any obligation, commitment, relationship or interest that could conflict or may be perceived to conflict with his or her duties as part of the EFW-WMAC. A conflict of interest could arise in relation to personal matters including: • Directorships or other employment. • Interests in business enterprises or professional practices.' ® Share ownership. • Existing professional or personal associations. • Professional associations or relationships with other organizations. ® Personal associations, with other groups or organizations, or family relationships. S. Officers The Chair will be elected by the Committee and serve for a two year term. The Vice Chair will be elected by the Committee and serve for a two year term. If a vacancy of any of the key roles occurs, a replacement will be elected by the Committee. Chair • Shall manage and provide leadership to the committee. • Shall chair meetings, maintaining order, while allowing for discussion and input from committee members and staff representatives. • Shall establish and maintain a positive meeting environment. • Shall make presentations as requested, including at least one presentation annually to Clarington.Council and Durham Works Committee/Regional Council • Shall co-ordinate any exchange of information (advise, request for information, etc.) through the EFW-WMAC to Durham's Works Committee. Vice Chair ® Shall act on behalf of the Chair in his/her absence. Durham Staff Liaison a - Shall chair the inaugural meeting. EFW-WMAC Terms of Reference' (Revised December 7, 2091, March 28, 2012; and March 29, 2013) 13-12 Page 4 of 7 ® Shall prepare all meeting agendas and take minutes. ® Shall keep a current and accurate statement of all expenses. ® Shall update the website by posting minutes, annual reports and any other -important meeting correspondence. ® Shall advertise each meeting in Durham area newspapers. 9. Support Services The Waste Management division of Durham's Works Department will appoint a staff liaison to the EFW-WMAC to provide administrative, procedural and technical support to the EFW-WMAC. The Region will provide secretariat support. The staff liaison will co-ordinate all requests for advice from the EFW-WMAC through meeting agendas. EFW-WMAC responses to such requests shall be co- ordinated by the Chair and the staff liaison to the Works Committee. Regional Council will provide an annual budget of up to but not limited to $20,000 to cover operational expenses of the EFW-WMAC, and this budget will be administered by the Durham Works Department. Appointed EFW-WMAC members will be reimbursed for mileage expenses for attendance at EFW-WMAC meetings upon submission of an expense sheet in accordance with Regional policy. Any. other funding requests must be submitted, in advance to the Durham Works Department for consideration. Durham will provide space on its website to post information such as meeting minutes and other relevant information. Upon request, the representatives of the Regions, contractors and governmental/regulatory bodies shall ensure that all studies and other information relevant to the Committee's mandate are made available to .the EFW-WMAC. 10. Meetings/Resolutions The EFW-WMAC shall meet quarterly throughout the year at Regional Headquarters. Meeting dates must be determined such that they take into account business needs and the schedule of Regional Committees/Council. The meeting location may be subject to change once the EFW facility is operational and providing space is available. The EFW-WMAC will establish a meeting schedule at its inaugural meeting. The Committee may choose to adjust the Schedule taking into account business needs -and the schedule of Regional EFW--WMAC Terms of Reference (Revised December 7, 2011, March 28, 2012, and March 21, 2013) Page 5 of 7 13-13 CommitteesICouncil, however, must ensure that one meeting will be held per quarter. Special meetings may be held at the call of the EFW-WMAC Chair. All meetings will be posted on the Durham website, and any changes to the dates must be posted on the Durham website two weeks in advance of the proposed meeting. All meetings will be open to the public. As a formal Advisory Committee to -the Region, the EFW-WMAC is subject to Regional Council Rules of Procedure unless otherwise specified in these Terms of Reference. All decisions made by the EFW-WMAC will be, based on a majority vote unless otherwise specified in these Terms of Reference or_Regional Council Rules of Procedure. Quorum shall consist of a majority of the sitting members. The EFW-WMAC may establish working*groups to address specific issues as identified in the Annual Solid Waste Management Servicing and Financing Study, noting that secretariat support will not be provided to these working groups. Working groups shall be comprised of members of the EFW-WMAC and any other staff support as deemed necessary. The Chair of a working group shall be a voting member of the EFW-WMAC. The working group will report back to the EFW-WMAC. -11. Delectations to Meetings Any person wishing to appear as a delegate to the EFW-WMAC must submit a Written request no later than 9:30 a.m. on the Monday preceding the -meeting to the EFW-WMAC staff liaison advising of the topic on which they wish to speak for inclusion in the agenda. The staff liaison will forward the written request to the EFW-WMAC Chair if the relevance of a delegation appears to be outside the mandate of the Committee, then the Chair will request that the Committee decide as to whether a delegation should be heard. Materials to be presented by a, delegate shall be provided one week in advance of the meeting. Any person wishing to address the EFW-WMAC who has not previously arranged to do so may be granted permission to do so only by a two-thirds affirmative vote of the Committee. 12. Minutes and Agendas Agendas.will be distributed two weeks in advance of upcoming meetings. EFW-WMAC Terms of Reference Page 6 of 7 (Revised December 7, 2011, March 28, 2012, and March 21, 2013) 13-14 The minutes of each EFW-WMAC meeting will be included on the subsequent meeting's agenda for approval. Following the meeting, the unapproved minutes will be circulated by e-mail to the Committee members upon completion. The unapproved minutes will be forwarded to Durham's Works Committee for information and posted on Durham's website. When the minutes are approved, any amendments will be forwarded to Durham's Works Committee. 13., Annual Reports An annual report summarizing the activities of the previous year shall be prepared by the EFW-WMAC and the staff liaison, and forwarded to Durham's Works Committee and Clarington Council. The report should include any suggested revisions to the Terms of Reference. The Chair of the EFW-WMAC will present their annual report, and any additional reports as requested to Durham's Works Committee/Regional Council and to Clarington Council. An annual review of the EFW-WMAC will be completed by Durham's Works Committee to determine the effectiveness of the EFW-WMAC and ensure continued. improvement. Clarington Council will be consulted on any changes to the Terms of Reference. 14, EFW-WMAC Dissolution The Committee can be dissolved at any time by Durham Regional Council, in. consultation with Clarington Council and the members, providing that the requirements of Durham Report 2009 -COW -01 and Host Community Agreement have been fulfilled or upon the decommissioning of the facility. EFW--WMAC Terms of Reference (Revised December 7, 2011, March 28, 2012, and March 21, 2013) Page 7 of 7 13-15 Punning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Council Date of Meeting: February 8, 2015 Report Number: Addendum to PSD -008-16 Resolution: File Number: PLN 26.14.1 By-law Number: Report Subject: Clarington Transformer Station — Additional Professional Services Recommendations: 1. That Report PSD -008716 this Addendum to PSD -008-16 be received; and 2. That all interested parties listed in Report PSD -008-16 and any delegations be advised of Council's decision. 13-16 Municipality of Clarington Addendum to Report PSD -008-16 Report Overview Page 2 Council requested a costing estimate for additional work relating to private wells and tritium testing from the peer review hydrogeologist for the Surface and Groundwater monitoring program, being carried out by Hydro One on the Clarington Transformer Site and surrounding area. Council further instructed staff to report back on whether the various agencies involved are willing to co-operate. 1. Background 1.1 At the January 18th, 2016 Council meeting: That the issue of further tritium testing of the wells in the vicinity of the Clarington Transformer Station be referred to staff to report back at the next Council meeting as to whether any co-operation needed from Stantec/Hydro One and any other agencies to carry out the proposal of Dr. Cherry dated January 18, 2016, can be obtained. 1.2 Attachment 1 to this Addendum Report is PSD -008-16. Attachment 2 is Dr. Cherry's letter of January 18, 2016. 2. Peer Review Consulting Contract 2.1 The funds provided by Hydro One to Clarington to retain a peer review consultant, were based upon the Municipality retaining an independent hydrogeologist using the process set out in the Purchasing By-law and for works related to the peer review of the Surface and Ground Water Monitoring Program. 2.2 The request for proposal and subsequent contract with SLR Consulting (Canada) Ltd., with Mr. Usher as the prime professional, identified five tasks (detailed in the Request for Proposal): • Task 1 — Background Material review • Task 2 — Conceptual Model • Task 3 — Annual Peer Review Reports to Council • Task 4 — Community Liaison • Task 5 — Discretionary Budget (hourly) Tasks 1 and 2 are complete. Task 3 will continue for another 3.5 years with 4 more peer review reports to Council, funding remains in the contract to complete this task. Task 4 was front-end loaded as we anticipated that involvement with the community would be very high in the initial years, and it has been. Task 4 will continue for another 3.5 years; however, the amount of work anticipated from here out, is attendance at the community liaison committee meetings and limited discussion/response to questions by residents. Funding remains in the contract to address task 4 providing controls are placed on access to the. consultant; to date residents have had unlimited access to Mr. Usher. Task 5 was discretionary and is paid on hourly rates, it was intended to address the unforeseen that could occur 13-17 Municipality of Clarington Addendum to Report PSD -008-16 Page 3 in a 5 year consulting contract. At this point, there is $35,000 remaining to address this task. 2.3 Hydro One's "commitment" is to fund the work described in the existing SLR contract up to a maximum of $250,000. Although "there is little likelihood of a connection" (quoting from Mr. Usher's cost estimate) with the Hydro One Transformer Site, the tritium study could conceivably fall within the scope of work defined in Task 5 of the contract; however it is not review and interpretation. It would be original scientific research along a minor line of evidence. In addition, it would mean that whatever monies are dedicated to the tritium study will not be available for other unforeseen peer review work. 2.4 The letter dated January 29, 2016 from Hydro One, outlines their confirmation that the funding is for the independent third party consultant and for the review and interpretation of the Monitoring Program results, see Attachment 3 to this Addendum Report. 3. Clarington Transformer Site Containment System 3.1 The residents in their presentation of January 18, 2016, indicated that they fear. being subjected to contaminants from the transformers and more particularly that these contaminants would enter into the groundwater system and affect their wells. The underlying assumption is that contaminants, if produced at the Clarington Transformer Station will enter the ground water system and make their way along a pathway route to the various aquifer layers. The contaminants that they fear are oil leakage from the Transformers that are being installed on site and a worst case scenario of catastrophic failure of the transformers. 3.2 There are numerous safeguards and design features that Hydro One has included in the design of the transformers, from the oils being used to the containment system should any leakage occur. SLR Consulting (Canada) Ltd. as part of their contract reviewed the design drawings early in 2015 and concluded that they represent standard practice for the control of both expected leakage and unanticipated failure. The components include a reinforced concrete tank around each transformer, capable of holding more than the amount of transformer oil used in the transformers. This primary system drains to a central oil/water separator tank which can be maintained by pump out and cleaning. 3.3 The Hydro One containment system is currently under construction. In the summer and autumn of 2015, Mr. Usher attended the site twice and visually inspected the excavations for sand lenses and for discharging groundwater and found none. He also examined photographs of these excavations taken by Hydro One staff at different times which demonstrated the same thing. 3.4 The remainder of the site is covered with a granular blanket of porous crushed stone, equipped with underdrains. During his inspections, Mr. Usher examined parts of these features under construction and confirmed they were being built to specification. It was his impression that theconstruction was being well managed and he saw no signs of problems. Please be aware that he did not inspect 13-18 Municipality of Clarington Addendum to Report PSD -008-16 Page 4 every component and every metre of construction, but randomly selected different points to examine (including the discharge points). He was always granted full access by Hydro One. Detailed inspection is not part of the peer review contract, but rather the work was conducted under the discretionary aspect of Task 5. 3.5 It would be advisable to reserve some Task 5 funds to conduct future inspections. The granular blanket is not yet complete, and the transformers will not be in place until after the spring of 2016. Surface and ground water monitoring results may change as the different components are implemented. In addition, there is always a "teething period" as things settle into place and it is a good idea to examine such things as discharge points and connection manholes, to ensure no undetected problems occur. 3.6 It should also be noted that while all of this due diligence for the containment system is occurring, the residents wells are not on any flow path from the Clarington Transformer Station at surface or below surface as demonstrated by the hydrological modelling and additional boreholes that have been drilled to further verify this model. Most private wells are on the other side of a groundwater divide separated from the Clarington Transformer site; only wells to the south and southeast are in the flow path from the transformers. 4. Tritium Testing 4.1 The tritium study will not necessarily address the safety of the resident's wells. It will examine three hypotheses about how quickly the ground water is flowing and where it is being recharged from. The three different hypothesis being examined are well leakage (e.g. around the casing of the individual wells), potential undetected fracture networks in the aquitard, recharge through the deep aquifer from the north (6 km). The results of the tritium study may not be conclusive in their findings; however, there is so little tritium data available that it will supplement the scientific knowledge of the Oak Ridges Moraine and help establish the potential vulnerability of the Mackinaw and Thorncliffe aquifers on a regional basis. 4.2 Drs. Cherry, Clark and Gerber are very keen to carry out this tritium testing and view the availability of the numerous on-site boreholes and private residential wells into the different aquifers as an opportunity to advance this scientific knowledge. The proposal by Drs. Cherry, Clark and Gerber (Attachment 2) was for the first phase of work outlined in the cost estimate from SLR Consulting Ltd. To bring a consolidated proposal together a telecon was convened by Clarington staff. 4.3 As a result of the telecon, there is now an agreed upon workplan that would be carried out under the auspices of SLR Consulting Ltd. (Attachment 4). In this agreed upon workplan Drs. Clark, Cherry and Gerber have agreed to donate their time, Dr. Clark's lab will provide the "research rate" for testing and analysis. It is anticipated that the Oak Ridges Moraine Coalition (Dr. Gerber) will provide access to the three dimensional geologic model. Group G360 (Dr. Cherry, et al) will sample the roto -sonic borehole (once it is drilled) and the multi-level cluster at MW5-14 (this is contingent upon CLOCA and Hydro One executing an agreement 13-19 Municipality of Clarington Addendum to Report PSD -008-16 Page 5 for the roto -sonic borehole and longterm access to the MW5-14 cluster and CLOCA/G360 having a protocol in place to allow students access to the site). 4.4 It is assumed that Hydro One will allow Stantec to provide water samples from the boreholes on site during their routine monitoring. 4.5 Permission to sample the private wells will have to be sought from the owners. Dr. Cherry assumed that the private wells would be sampled by residents. The Enniskillen Environmental Association has confirmed they are willing to carry out the private well sampling. They are to fill out information sheets, take photos and video of the wells and sampling for the record. If need be a University of Guelph or McMaster student working as part of G360 can assist to ensure sample integrity. 4.6 An overall cost estimate for the first phase of the work, including the lab testing and analysis has been estimated at $ 5,300 plus HST. However, this dollar value is based on a series of assumptions, and the provision of the researchers time as a pro-bono donation. An estimate that 10 additional rounds of helium testing would be carried out in the second phase. SLR Consulting (Canada) Ltd. is providing the overall co-ordination of the project and. has estimated their time at $8,000 plus HST. For a conservative overall upset limit a 10 percent contingency has been added, bringing the total anticipated cost of the tritium study to $19,580 plus HST. 5. Timing of Clarington Transformer Construction 5.1 The Independent Electricity System Operator (formerly Ontario Power Authority) has reconfirmed the need for Clarington Transformer Station to be completed by 2018, regardless of the recent announcement by the Government of Ontario supporting Ontario Power Generation plan to pursue the continued operation of the Pickering Nuclear Generation Station beyond 2020 and up to 2024. While one of the primary purposes of Clarington Transformer Station is to replace the approximately 3,000 megawatts of capacity currently generated by Pickering when the plant is decommissioned, Clarington Transformer Station is also required to ensure an adequate and reliable supply of power to support the growing communities, in the eastern part of the Greater Toronto Area by the 2018 timeframe. 5.2. Hydro One has informed us, they have obtained all necessary approvals and permits to proceed with the construction of the transformer station and construction is well underway. Hydro One will continue construction of Clarington Transformer Station, on its current schedule. The target date to bring the new station into service remains the spring'2018. 6. Concurrence Not applicable. 13-20 Municipality of Clarington Addendum to Report PSD -008-16 Page 6 7. Conclusion 7.1 The purpose of retaining a peer review consultant was to assist with understanding the technical information and to have an independent advisor monitor the practices and methodologies being employed during the construction of the Clarington Transformer Station. To date, the observations, recommendations and conclusions by Mr. Usher of SLR Consulting (Canada) Ltd. have required additional work by Hydro One and their consultants to demonstrate that the conclusions of the Environmental Assessment and Permit to Take Water are reasonable and conservative. 7.2 Council and residents were concerned for the safety of private residential wells in the vicinity of the transformer construction and Farewell Creek. To date Mr. Usher has advised that the transformer construction has had no adverse impact on residential wells and discharge to the creek as demonstrated by the November 2015 Monitoring Report. Further, most residential wells are not downgradient from the Transformer Station and are separated by a groundwater divide, and thus are not at risk. 7.3 The various experts involved, agree that tritium testing and analysis would provide an additional line of evidence with regards to where the various aquifer layers (shallow, intermediate [Mackinaw] and deep [Thorncliffe]) are being recharged from, and over what period of time. The work plan has been agreed to (Attachment 4) and an -upset limit, including contingency of $19,580 plus HST, established. 7.4 Hydro One has provided a response (Attachment 3), indicating that they appreciate the value of conducting regional research; however, they will not support any activities related to Dr. Cherry's most recent proposal (Attachment 2). 8. Strategic Plan Application Not applicable. a, Submitted by:_ZL4� Reviewed_ p David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 extension 2407 or flangmaid@clarington.net Attachments: Attachment 1 — PSD -008-16 and Attachments Attachment 2 — Dr. Cherry's Proposal, January 18, 2016 Attachment 3 — Hydro One Letter, January 29, 2016 Attachment 4 — Proposal from the Experts Group 13-21 Municipality of Clarington Addendum to Report PSD -006-16 Page i The following is a list of the interested parties to be notified of Council's decision: Brad Bowness, Hydro One Clint Cole, Enniskillen Environmental Association Drs. John Cherry and Beth Parker, Group 360, University of Guelph Dr. Rick Gerber, YPDT-CAMC Chris Darling, CLOCA Steven Usher, SLR Consulting (Canada) Ltd. DJC/FL/df/tg 13-22 Attachment 1 to Municipality of Clarington Addendum to PSD -008-16 Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -008-16 Resolution: PCJ - Uig (p File Number: PLN 26.14.1 By-law Number: Report Subject: Clarington Transformer Station — Additional Professional Services Recommendations: 1. That Report PSD -008-16 be received; and 2. That all interested parties listed in Report PSD -008-16 and any delegationsbe advised of Council's decision. 13-23 Municipality of Clarington Report PSD -006-16 Page 2 Council requested a costing estimate for additional work relating to private wells and tritium testing from the peer review hydrogeologist for the Surface and Groundwater monitoring program being carried out by Hydro One on the Clarington Transformer Site and surrounding area. 1.1 At the December 7th, 2015 Planning .and Development Committee meeting, the following Resolution #PD -079-15 was referred to Staff to provide a reporton the estimated costs of a consultant's report regarding the general source of the contamination and cost of tritium testing/analysis: That Staff request a report from Steve Usher, SLR Consulting, to obtain his opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station. 1.2 The Minister of Environment approved the Environmental Assessment for the Clarington Transformer project in January of 2014. To address ongoing concerns from community members and residents, Hydro One proposed to Clarington to fund a peer review of their Surface and Groundwater monitoring program. Council accepted and Mr. Steven .Usher of SLR Consulting (Canada) Ltd. was retained as the.peer review consultant. 2. Peer Review Findings in relation to Private Wells 2.1 In October 2015, Mr. Steven Usher of SLR Consulting (Canada) Ltd. provided his peer review on the information generated by Hydro One and their consultant Stantec in relation to the Surface and Ground Water Monitoring Program. The peer review included information from all parties, including Hydro One, Stantec, G360 Group, Enniskillen Environmental Association, the Conservation Authority, Clarington, the Ministry of Environment and Climate Change and the Oak Ridges Moraine Coalition YPDT-CAMC. . 2.2 Drilling of the deep borehole in November 2014 confirmed the absence of a shallow sand lens at location MW5-14 at the western perimeter of the Hydro One Clarington Transformer Site. However, below the east half of the site, extending to the other side of the watershed divide and further downgr-adlent east from the divide, a sand lens exists and hosts local private wells that are part of the monitoring program. SLR maintains that this sand lense is likely the Mackinaw layer; Hydro One maintain that it is not continuous. 2.3 The reason private wells in the Farewell Creek Watershed were included as part of the private well monitoring program is an evolution of the original program. At the first Clarington Community Liaison Committee (CLC) meeting on June 5, 2014, residents expressed an interest in having the private well monitoring program expanded' -from its initial scope, which targeted only well owners adjacent to the Clarington Transformer Station site: In recognition of the concerns raised by 13-24 Municipality of Clarington Report PSD -008-16 page 3 private well owners located further afield, Hydro One accepted this request and extended the scope of the program to include interested residents within an approximate 1,200 metre radius from the property boundary of Hydro One lands where the Clarington Transformer Station is located. 2.4 As part of the peer review presented in October. 2015, SLR concluded that the presence of a strong groundwater divide exists at surface and depth between the site and the closest Mackinaw wells in the Farewell Creek tributary near Langmaid Road. Further, it concluded the private wells are not at risk from the Transformer construction site, ongoing monitoring will continue. 2.5 Individual residents have allowed Hydro One/Stantec access to their properties for the private well monitoring program and the results are provided directly to the residents. We have been informed that some private wells experienced high levels of coliform and E -coli in the fall 2015 round of testing. The Municipality of Clarington, and hence our peer review consultant do not receive the results of the private well monitoring program because of privacy concerns under the Freedom of Information and Privacy Act. 2.6. According to the Durham Health Unit elevated coliform bacteria and E -coli readings is not uncommon in shallow private wells. The Health Unit has a number of resources on their website to assist private wells owners with common issues.. Attachment 1 to this report is the information on Well Safety including bacteria and E -coli from their website. 2.7 Hydro One included bacterial analysis as part of the Private Well Monitoring Program to help provide additional information to residents about their well water, as it is used for drinking and household purposes. However, the scope of the approved Groundwater and Surface Water Monitoring Program does not include testing for bacteriological parameters for the monitoring wells located on-site as they are not used as a potable water source. 2.8 At the November 30, 2015 CLC meeting, Mr. Usher asked a number of questions on behalf of the residents with regard to contamination from the construction site being able to affect the private wells in the Farewell Creek watershed. Mr. Brant Gill of Stantec the consultant for Hydro One confirmed that no mechanism for contamination on the construction site existed for water at surface or below ground to affect the Farewell Creek private wells. (A recording of the meeting is available). In addition, Mr. Gill indicated1hat bacteria is present anywhere at surface, the private well testing is performed on the "raw" water from the well (prior to any internal treatment private residents may provide within their homes). 2.9 Council asked SLR for a proposal to on the estimated costs of a report regarding the general source of the contamination (Attachment 2). 3. `tritium Fasting 3.1 In August 2015, members of the EEA conducted some well sampling at PW1, PW2 and PW10 for the purpose of tritium testing. Tritium is a' rare isotope of 13-25 Municipality of Clarington Report PSD -000-16 Page 4 hydrogen, with a half-life of about 12.3 years. (That is, for example, a concentration of 1`00 Tritium Units (TU) would be reduced to half (50 TU) in 12.3 years.) Tritium is present in rain water and has been elevated since the 1950's when atmospheric testing of nuclear devices drove up the natural values (a maximum value of about 3000 TU was recorded in 1964). A record has been kept of atmospheric tritium since 1953, and provides a unique tool for the age dating of. water. Tritium is not a contaminant, but'due to its known rate of decay makes an excellent tracer for dating water. Although tritium from this source has dropped dramatically since this atmospheric testing was stopped in the early 1960's, levels still have not returned to background (pre- nuclear testing) levels and are presently around 14 TU. In recent decades, nuclear plants, which use lake water for cooling, have low levels of tritium release. This second source means that background levels will remain above pre -nuclear testing levels. (Attachments 3 and 4 provide background information on Tritium from Durham Health Unit and the Canadian Nuclear Safety Commission). 3.2 The tritium sampling conducted by the EEA has provided useful information. A more complete picture of the site itself could be made if tritium sampling were conducted in the onsite monitors as well. 3.3 Dr. Cherry and Dr. Clark questioned the preliminary conclusions drawn by Mr. Usher in. his Peer Review. Both submitted letters to Council calling for additional work to be carried out in relation to the Tritium sampling. Following Mr. Usher's Peer Review presentation he verbally recommended to Council that to confirm the preliminary results of the Tritium testing six additional shallow wells, six additional intermediate and six additional deep aquifer wells be tested, three in each horizon upgradient and downgradient. 3.4 Council in receiving the peer review report on October 13th, 2015 passed the following "Therefore be it resolved that the scientific representatives of Hydro One, the Municipality of Clarington, the EEA and the Central Lake Ontario Conservation Authority, including, but not limited to: Dr. Rick Gerber, Dr. Ian Clark,. and Dr. John Cherry, be asked to meet to provide an analysis of the data on all 23 private wells, three blind samples, and ten site groundwater monitors for sampling and measurement of tritium and helium isotope concentrations; That Hydro One be asked to cover the cost of this one-time sampling and testing, in the spirit of working towards a solution; That the four parties prepare a joint scientific report interpreting the results, including dissenting opinions; That Clarington request that the Minister of the Environment and Climate Change amend the terms of the Environmental Assessment conditions to require that Hydro One submit an addendum to the Environmental Site . Report to address the results of the recent studies showing elevated levels of tritium within the framework of a conceptual model that explicitly assesses 13®26 Municipality of Clarington Report PSD6008-16 page 5 groundwater connectivity among shallow, intermediate and deep aquifers, and identify changes to the Permit to Take Water to require monitoring of tritium, and to be consistent with the addendum;" 3.5 The Ministry of Environment and Climate Change provided a letter on November 27, 2015 in response to this request indicating that "...the current program is satisfactory and does not consider the tritium levels found in local wells to be unexpected. The Ministry does not think it is likely that the underlying aquifer is being recharged directly through the till cap. The tritium concentrations indicated that the groundwater recharge, corresponding to the lower concentration of tritium found in the wells, is likely coming from up -gradient sources a number of kilometres to the north of the site. The shallow dug' ells are typically recharged locally, and more recently; this is why their tritium concentrations are more elevated," Further, the Ministry letter indicated that they had no objections to Hydro One carrying out tritium testing; however, they did not view it as necessary. 3.6 Hydro One provided a subsequent letter, dated December 4, 2015 indicating that "tritium/helium-3 sampling would not provide additional information relevant to the objectives of the Monitoring Program and construction or operation of the Clarington Transformer Site. Hydro One will continue to implement its on-site Monitoring Program and the private well monitoring program and will continue to review any requests from the Municipality or other stakeholders." 3.7 Attachment 5 is the SLR proposal for the cost of tritium testing/analysis; including the. methodology for carrying out this work. 4. Concurrence Not applicable. 5. Conclusion 5.1 The purpose of retaining a peer review consultant was to assist with understanding the technical information and to have an independent advisor monitor the practices and methodologies being employed during the construction of the Clarington Transformer Station. To date, the observations, recommendations and conclusions by Mr. Usher of SLR Consulting (Canada) Ltd. have required additional work by Hydro One and their consultants to demonstrate that the conclusions of the Environmental Assessment and Permit to Take Water are reasonable and conservative, 5.2 Council and residents were concerned for the safety of private residential wells in the vicinity of the transformer construction and Farewell Creek. To date Mr. Usher has advised that the transformer construction has had no adverse impact on residential wells and discharge to the creek as demonstrated by the recent monitoring report. 13-27 Municipality of Clarington Report PSD -00616 �'� A I=l i � ��� Not applicable. Submitted by: Reviewed by: a id J. Crome, MCIP, RPP Director of Planning Services Pace 6 Franklin Wu, Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaidaclarinpton. net Attachments: Attachment 1 - Durham Health Unit information on bacteria and a -coli Attachment 2— SLR Proposal for opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station Attachment 3 — Durham Health Unit information on .Tritium Attachment 4 — Canadian Nuclear Safety Commission information on Tritium Attachment 5 — SLR Proposal for tritium/helium 3 testing The following is a list of the interested parties to be notified of Council's decision: Brad Bowness, Hydro One Clint Cole, Enniskillen Environmental Association Drs. John Cherry and Beth Parker, Group 360, University of Guelph Dr. Rick Gerber, YPDT-CAMC Chris Darling, CLOCA Steven Usher, SLR Consulting (Canada) Ltd. DJC/FL/df 13-23 Attachment 1 Municipality of' CWington 'Report PSD -008-16 W.& Water Safer Contamination o ell Fater Pathways of Contamination In aquifers, contaminants and recharge waters can follow similar pathways and can contaminate. the groundwater in the following ways; ® spills on the ground (fuel and pesticide spills) injection into the ground (septic leaching- beds, poorly maintained wells, disposaf of waste in wells) m. improper handling of industrial solvents and chemicals (varsol and wood preservatives) s leakage from wastes (manure, wastewater, septic tanks. and' landfills) e leaking underground and aboveground fuel storage tanks e movement of groundwater between contaminated and clean aquifers' over -application of soil amendments such as manure, commercial fertilizers or pesticides'. Bacteriological Contaminants What are Total collforms? a a Generalized group of bacteria found throughout the environment:includfng soils, vegetation, and in human and animal feces. Their presence may indicate a problem with yourwater supply, possibly through surface water contamination. What is E. coli? 0 A group of bacteria that. live in the intestines of warm-blooded animals a Their presence- indicates recent fecal contamination such as -sewage, and that there is a problem with your water supply. .I/www.durham. 13-29 A taohment 2-to Municipality of C1arington Report PSIC11n0008p16 SLRy' 5 January 2016 Ms, Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanvilie, Ontario L1 C 3A6 Proposal ' Flo.: 209.40541 Dear Ms.Langmaid: RE; /North Clarington (in ;Proximity To The Clarington Transformer Station), ;Bacterial Well Contamination Study In the autumn of 2015, sampling of private wells by Hydro One revealed bacteria levels in many shallow.welis and some deep.wells in the community. These wells are thought to be outside of the groundwater flow field associated with the Transformer Station construction, based on the Stantec reports. However, the .municipality is not privy to actual well locations due to privacy reasons so is. unable to assist residents in any way, Recently the Standing Committee. passed Resolution #PD -079--15, which stated: That Staff request a report from Steve Usher, SLR Consulting, to obtain h'is opinion for the reason forthe contamination of the shallow wells near the Clarington Hydro One Transformer Station. We have spoken with just one resident, and read, in the:Toronto Star of another resident's bacterial count. Like the Municipality, we too are not privy to the actual results. These results are listed in the recent Hydro One monitoring report prepared by Stantec Consulting but are not identified by location. The wells are on private property. -Without access to the location specific data, and without access to the properties in question to examine their Wellhead construction and operational conditions of the wells, we cannot reliably form an opinion on 'the reason for the bacterial' contamination on an Individual well basis. Both Stantec Consulting, and the resident's themselves know which sampling results belong to which well. So it is a relatively simple process to obtain the information if permission is granted, but we have no control on whether. permission would be given or not. You. will recall that our annual .report in. late September concluded that wells. are safe from the Transformer site.. This was based 'on the physical flow system. Most of the wells. sampled by Hydro One are in the Farewell watershed to the east. There are- no shallow.welis downgradient from the site.. Bacterla cannot travel -up and over the .hills to get to: these wells,. because the water flows the other way: The bacteria found in. the sampling program are either Total Coliform, or a member of that group, called E -Coli. Total coliform is naturally occurring and does not have. to come from animals. E -Colics definitely from. animals (including humans, dogs rodents, birds and cattle). Our Provinical Standards call for no E -Coli in: treated water (not raw water, that is. a common misapplication). in our experience, and well documented in the literature, raw water often contains co#iform, particularly in shallow wells, and most prudent rural residents. have some SLR Consulting (Canada) Ltd. 240 - 300 Town Centre Boulevard, Markham, ON L3R- 5Z6 T� 905.415.7248 F: 905.415.1019 S>=5�i`Js'.3irc*r, at 1113f;Eg,r,r,ma 13-30 Municipality of Clarington Proposal No. 209.40541 Clarington North Well Contamination Concerns January 2016 form of treatment, including many of the residents near this site.' Under the new GUDI regulations being developed now by the province, Total Coliform will no longer be used as an indicator because it is ubiquitous in the natural environment. Coliform bacteria typically lives as long as 50 days outside of a warm host, and generally do not survive that long. Groundwater travel times are quite slow, in the order of less than 10 m a year. This means that bacteria would only travel less than two metres during the 50 day lifespan in such conditions. Therefore the presence of bacteria in a shallow well means that* the source is only a few metres away on any given property, and the cause is usally domestic or wild animals or birds_ Finally, the presence of bacteria. in private rural wells is very common right across Ontario and elsewhere, as many studies have- shown. To address the need for. Council to have an opinon on bacterial contamination it would be best to use the actual sampling results, coupled with an examination of the property and well in question. Access: to the- Information and property would have to be arranged for. In the absence of access to this information, a general opinon as expressed above can be prepared with existing knowledge of bacterial distribution patterns and characteristics, and a sense of the lay of the land and hydrogeologic; properties, such as is contained in the existing reporting and other technical sources. The estimated cost to provide a general opinion would be in the order of $5,000 plus HST. If specific landowners were willing, to participate, the general cost per well to review the data, examine the wellhead and operation, and .provide a written opinion in the context of the physical setting and relationship to the Transformer Site would be about .$1,500 per well plus HST, Assuming 10 wehowners with bacteria problems came forward, thin would total $15,000 (plus HST). The estimated cost of do this- work would therefore be about $20,000 plus HST, dependant upon the degreeof participation. We -trust this submission provides the information( you were seeking. Yours sincerely, SLR Consulting (Canada) Ltd. ray Steven Usher, fVl.Sc.,P.f ng.,P,.Geo.,FGC Seniro Hydrogeologist SJUfsu ' To be clear, Hydro One endeavours to sample *the raw well water at each residence, which is norma( practice. That is, the sample: is taken from a tap. prior to the water entering the homeowner's particular treatment system.. In this way potentia( changes to the natural water quality can be properly assessed. SLR 13-31 Attachment. 3 Municipality of Clarington Report PSD -008-16. Background Tritium is a radioactive form of hydrogen that is - created *naturally-ln the environment, and Is also released in very small amounts by Canadian nuclear facilities as tritiated water. Since radioactivity poses a health risk,. the Ontario government has placed limits on the allowable amount of tritium In drinking water. Tritium levels in drinking water obtained from Lake Ontario are very low and have never exceeded the Provincial limit. Howdoes radiation affect my health? . . . . ......... . ... --------- Exposure to any radiation source can. result.ih an Increased risk of.cancer, genetic defects and reproductive effects. Since we -are exposed to radiation from many natural (e.g., radon gas in soil) and human sources (e.g., .medical xe7rays), it is important to control our total radiation exposure, not just our exposure to one source. We can be exposed to tritium by eating and drinking contaminated food and water, and breathing contaminated -air.. Where does tritium come from? Tritium is produced naturally When cosmic radiation and gases in the atmosphere Interact. Tritium also originates from human activities such as nuclear weapons testing which has slightly contaminated all surface- water supplies around the world. Canadian designed• nuclear reactors (e.g., CANDU) alsoproduce- tritium. An accidental release of "heavy water" ,used to cool the:readtor's-can result in thb release of tritium into the environment. Small amounts of tritium are also re4eased'into Lake Ontario during the normal operations of the nuclear generating facilities. How much tritium is in my drinking water? In Canada, the average tritium concentration in drinking water ranges from 5 to 10 becquerels per litre. The Becquerel is an international measure of radjoacfivity. Water samples taken near Pickering and Darlington Nuclear Generating Facilities occasionally -have a tritium concentration of approximately 20 becquerels per litre which is well below the interim Provincial limit for tritium of 7,000 becquerels per litre in drinking water. 13-32 What is being does to make sure tritium levels 6tay low? Ontario Power Generation in association with Provincial and Regional authorities has developed a comprehensive emergency response plan in the event of an accidental tritium release to protect the health of the residents of . Durham Region. Daily samples of drinking water are obtained from all water treatment plants within 20 kilometres -of the two nuclear generating stations on Lake Ontario. The Radiation Protection Branch of the Ontario Ministry of Labour tests these samples for tritium content. Ontario Power Generation (formerly Ontario' Hydro) also tests water samples as part of its -own monitoring program and -the Health Department closely monitors the results.. More information can be obtained from Durham Region Health Department, Environmental Help Line 905-723-3818 or 1-888-777-9613 httpillwww. durham.calhealth.asp?nr-htepartmentslhealthlfacts_aboutltritium.htm&setFooter=/inciudeslhealthlhealt. hFooter.inc 13-33 Attachment 4 to Municipality of Clarington Report PSD -008-16 December 2012 Qtack Fat rats . Tritium is -a radioactive form,, or "isotope", of hydrogen. I:t has two ®_ Tritiiith is a radioactive=forin. . neutrons where regular hydrogen does not have any, which makes of hydrogen that ac. -urs both! tritium unstable and therefore. radioactive: It is"ptoduced naturally naturally and as a. (iy=product from interactions of- rays with gases in the upper of the: oparatioai`of nuclear . atmosphere. It is. also produced as .a •by-product of nuclear reactors. reactors. Like all radioactive isotopes, tritium decays._ As it decays it gives ®, On of itle rrioie corriinori off, or emits, beta radiation: .uses of tritium ii.ftt des: glow- in-the=dads lighting: and One of the more common uses: of tritium involves. glow -in -the -dark signs', lighting and signs. Tritium gas -is combined with phosphor to create luminescence. The light source does -not require electricity ®:. Tritium exposure can pose a or electrical wiring; making it ideal for exit signs, emergency. Health risk if it is. ingested lighting in commercial buildings and. airplanes and for airport through' drinking -water or runway lights. food, inhaled or absorbed through the sIdn in large Tritium is also used as a tracer in biomedical and academia quantities. research. Som wcountries :use tritium as fuel for thermonuclear weapons, although Canada is committed to nuclear non- a The CNSC regulates releases proliferation. In the future., tritium may also be used to generate of tritium by, nuclear reactors electricity in fusion reactors which are currently under and tritium processing, development, facilities to ensure the health and safety of workers and_ the The Canadian Nuclear Safety Commission (CNSC) regulates public, and the protection of releases of tritium. by nuclear. reactors and tritium processing the environment. facilities to ensure the health and safety of workers and the public, and the protection of the environment. Canadian nuclear Commission canadienne �- F r= A 1` Safety Commission' de sreto nucloaire Cw1� 13-34 Tritium Tritium in Drinking mater. The most common form of tritium is: tritiated water (KrO). This happens when atritium atom replaces a hydrogen atom in water (H?O) to form HTO. ; HTO has the same chemical properties as water and is also odourless and.p. s- colourless. • The. standard international unit for measuring radioactive decay or radioactivity is the, becquerel B The amount of'tritium in water is measured in becquerels per litre (Bq/1).. Water with a tritium activity of 1 Bq/1, - contains less than 1 tritium. atom per 100,000 million million 1 in 1.0" molecules. The highest average annual tritium level measured. in the drinking water of Canadian communities neighbouring nuclear facilities is about 18 Bq/1. This. is well below drinking water limits recommended by Health Canada of 7,000 Bq/1. Tritium in the Body Some of the tritium released into the environment will be naturally incorporated into nutrients such as carbohydrates; fats,. or proteins- This is called organically bound tritium (0131). OBT can enter the body directly by eating tritiated food. OBT poses a slightly greater health risk because as an organic material, the body will retain it longer than. tritiated water. This means that there is a greater likelihood that the tritium atom wi.11 decay . while in the body and possibly cause damage. Generally speaking, OBT is at much smaller concentrations in the body than tritiated water. Health Effects' Tritium is a relatively weak source of -beta radiation. The beta particle itself does not have enough energy to penetrate the skin. However, it can. pose a health risk if taken directly into the body in extremely large quantities.. for example, a person would need to take in billions of becquerels before seeing a health effect. Tritium molecules can enter the body by breathing air containing tritium, or by ingesting, tritiated food and water. Tritiatedwatercan be absorbed.through the skin like. regular water.. Most tritium leaves the body as tritiated Water iii urine; breath moisture and perspiration. Most inhaled tritiated .hydrogen gas is exhaled immediately. A radiation dose from tritium is like a radiation dose from any other type of -radiation, including natural background radiation and doses received during medical procedures. In Canada, members of the.public receive annual doses of radiation from. tritium of'0.0001 to 0.013 millisieverts (mSv), although very few, if any, members of the public receive doses in the upper end of.this range. Near nuclear facilities, where tritium levels are slightly higher, the average annual dose to adults is about 0..0015 mSv, These doses are well below the public dose limit of I mSv as set in the Radiation Protection Regulations, and the average Canadian dose due to natural background radiation of 1..8 mSv.. 2 1335 •Fadialioni Dose The effect of the radioactiyityon the bodyis called aradiadon dose and. is expressed in, : sieverts (Sir); or more commonly, in millisieverts (mSv),. which: are one -one- thousandthln,size. . Canadian Nuclear Safety. Commission Tritium Studies have not shown health effects at a chronic exposure below about 100 mSv. The regulatory public dose limit of 1 mSv is equivalent to 1% of this amount. Regulating. Tritium . Small amounts of tritium are released to the environment mostly from reactor operation and maintenance and during the manufacture of tritium light sources. The CNSC imposes Derived Release Limits (DRLs) that restrict the amount of radioactive material that may be. released. Releases. must also: be "as low as reasonably achievable"—a concept known as ALARA— and as a result, actual releases of tritium from nuclear facilities have typically been Iess than 1'0% ofthe DRL. The. CNSC requires all Canadian nuclear operators to provide quarterly reports on monitoring results for routine radioactive discharges, and annual.reports on environmental monitoring programs. Licensees are also required to report any accidental or unmeasured releases of nuclear substances .into the environment. Tritium Studies, Project In 2007, the CNSC launched the Tritium Studies Project, a. multi-year research -project on iritium..releases in Canada- and an evaluation on the best practices of tritium processing facilities around the globe.. The project has expanded the body of knowledge on tritium. Six studies have been -published, as'well as a synthesis report that rolls up :the conclusions and makes recommendations for regulatory improvements. These include: actions to make the regulation of tritium even .safer; protect future drinking water resources and enhance environmental compliance monitoring. All of the studies are available on the CNSC Web site, in the Reading Room. To. better regulate tritium releases in Canada, the CNSC continues to conduct research on tritium environmental behaviour and health.effeets in technical collaboration with several national and international partners_. Fort rr►ore mformation - 1-800-668-5284 (in Canada} 613-995-5894 (outside Canada). info( cnsc ccsn.gc.ca n U clea:rsafeLy. g c. Ga Canadian Nuclear Safety Commission 13-36 Attachment 5 to Municipality of Clarington Report PSD -008-16 5 January 2016 r Ms. Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Projposal No.: 209.40542 . Dear Ms.Langmaid: - R E. North Clarington (in Proximity To The Clarington Transformer Station) 'Tritium Assessment In the summer of 2015., members of the Enniskillen Env'ironmentai Association sampled three water wells for analysis_ of the tritium content in the wells. The three samples provided - snapshots: ofthe- tritium content in the.shallow subsurface, in the Mackinaw horizon (at about 2.0 m depth) and in the. Thnorncliffe aquifer. Tritium presence in the first two are: explainable as the groundwater in these horizons have.local recharge areas and represents recent water. The presence of tritium in the deep well, although at a lower concentration than the others, indicates post 1950's water, and there has. been some debate as to .its. origin. The possibilities include. 1) Lateral subsurface flow from the Oak Ridges Moraine some 6 km to the north. - Independently calculated groundwater velocities support this.posE6ility, however it is was one point in distance and in time, and spatiaiy offset samples are needed to ass.ess this. 2) .Poor well construction could cause a pathway, from surface with the leakage of more tritium concentrated water from above, mixing with the natural water at depth. An assessment -of the well casing and of .other geo Chemical parameters to assess mixing are needed to assess this. 3) Leakeage through discreet fractures in the dense Newmarket Till aquitard. Water quality in. the aquitard itself would be needed to assess this, and a calculation of the pathway characteristics to see if it is plausible should be. undertaken with this. Based on the request from Council whereby Resolution #PD=079-15 was referred to staff -to provide a report nthe estimated cost for a consultant's report regarding the source of contamination and cost.oftritium sampling/analysis, SLR has been asked to provide a cost. estimate to address the presence oftritium lathe aquifer.. (A separate cost for bacterial assessment -is provided under separate cover.) We propose a staged exercise to address the most defineable, items first which will in turn shed light on how to approach the more expensive and cess easily defined issues_ Prior to giving the reasoning and listing, the flasks; we wish to ensure that the. objective of this work be clearly understood. If the objective is to identify if there is a linkage with the- Hydro- One Transformer site, an analysis of tritium alone in the private wells may not be the way to assess this. This. is because the work done by Hydro One in response to Clarington's and MOECC questions has established that there Is little likelihood of a connection. This was reported. by SLR to Clarington in our report of late September, 2015 based on. solid hydrogeologic and physical evidence. Tritium was one minor line of evidencein that report that supported the SLR Constdting (Canada) Ltd. 200 - 300 Town Centre Boulevard, Markham, ON Lift 5Z8 T: 906,415.7248 ft: 905.415.1019 13-37 Attachment 5 to Municipality of Clarington Report PSD -008=16 Municipality cf Clarington Proposal No. 209..40.642 Clarington North Tritium Study January 201-6 interpretation of well safety from the Transformer Station, Point 1) above was deemed by SLR to be the most likely possibility,although we did verbally recommend municipal support for the requested tritium study at that time to close some of the other questions off. If on the other hand, the objective is to provide insight as to well performance and to help assess the subtly different conceptual tydrogeologic models proposed by SLR and Stantec, then the following work is worthwhile. Workplan To reliably understand the tritium results to date, values must be reproducible and a spatial pattern developed:. The current three results are single points in time and geometry. We propose first to do a ".snapshot" of several strategically placed private wells in each aquifer layer. Wells that are upgradient and wells that are dbwngradient in each layer should be sampled and analysed_ In the case. of the Mackinaw and Thorncliffe aquifers there are many private wells that qualify. The upgradient wells. should be at least one half life away.. At- the estimated flow rate of 100 rrm/year in the Thorncliffe this would be just over 1200 m to the north. And downgradient it would be a similar distance. Some private wells not presently on the program may have to be solicited to accomplish this. In fact all well owners will have to be approached for their participation. We suggest doing. this along three different north -south transects .to provide reproducible results. In the mackinaw the flow paths are shorter and locally water travels at different rates and in different directions. In these cases wells upgradient of Concession Road 7, along Concession Road 7 and downgradient of Concession Road 7 should' be selected. Again three separate flow fines should be sampled. In the case of the shallow dug wells, where the water source is at surface and near the well., six geographically. diverse wells. -should be selected, and it would be reasonable to assume that their measured tritium values will be largely similar, This workplan does not include monitoring wells from the site, as- Hydro One has indicated they will not participate. The above program is suggested as a starting point. It would be advisable to convene a technical meeting- of the parties (G360, CLOCA, Clarington, Hydro One, and MOECC) to refine this design and ensurezas reasonable a program is conducted from day one as possible. Once the private well locations are selected and all are in agreement from a technical perspective of what to expect, this sampling will then become the baseline from which to work. Once G360 has drilled their rotosonic boreholes and installed the multi-level monitors, further aquitard sampling can be done (not costed here) for comparison and aitpartles can share data, We also wish to point. out that tritium is time sensitive, due to its half life. The. logical future.step would be to resample this suite in 6 and 12 years to determine the rate of tritium concentration decay which would provide insight into any mixing of water. (Future *samples are not costed here.) It would also be adviseabie, as part of the baseline to capture and sample precipitation for tritium analysis at the site to provide a realistic value for recharge water for at least. the shallow wells. Therefore a total of 19. samples plus two QA/QC samples (ond. duplicate and one field. blank), totalling 21 samples have been budgeted for... The. estimated asst' to do this first phase would be $22,500 plus HST. ' It. is unknown if the four experts would charge to attend a scoping session, or would even agree to attend. We have assumed four outside experts -at a nominal $1000 a day retainer, that is,. $4,000. SLR 13-33 Attachment 5 to Municipality of Clarington Report PSD -008-16 Municipality of Clarington Proposal No, 209.40542 Clarington North Tritium Study January 201.6 Once the basline data has been collected and collated, the advisory group would reconvene.to interpret the results and advise on supplementary testing. This second phase would include integrity testing of deep wells (assume four for costing purposes) with abnormally high tritium values, including geophysical logging, casing tests, video televiewer logs, and wellhead inspections. Consideration on the need to include the helium testing discussed previously would be given, however this has not been costed at this time. In addition, analytical scenarios. of leakage rates needed to influence water quality would be performed on agreed.to wells. This analytical assessment would also be applied to the more remote possibility of aquitard leakance through undetected fracture networks, as postulated by G360. The Gost2 to do this second phase. would be $26,000 plus HST., (This includes a budget for $10,000 for geophysical testing.) Once these steps have been completed, the advisory group should be reconvened to determine if additional analytical scenarios would necessitate the use of a three dimensional .groundwater flow model, such as the one currently operated by CLOCA staff as part of the Oak Ridges. Moraine Coalition. Modelling is beyond, the scope of this proposal. It is our understanding that this model. has the capability of running contaminant scenarios fora varlable. source such as tritium. It should also be be able to assess longitudinal contaminant dispersion along any given flow. path. Confirmation of this would. be sought from Dr. Gerber. The use of a groundwater flow model allows one to explore differing scenarios, such as aquitard leakance, or the coefficient of dispersivity, or the soil hydraulic conductivity. Once these:aspects have been considered., the results: will be assembled in a comprehensive summary report. Review comments will be collected from the advisory group and appended to the document,. including dissenting opinions. The cost2 to do this third phase would be $14,000 plus FIST. It is anticipated that this work could be completed in 6 months. The total cost will depend upon participation by the various experts and their respective per diems and, travel costs. We have budgeted for 18 well samples, however this costs can be lower if the advisory group determines a more streamlined program is possible, or they could be -higher if more are technically advisable. Therefore the total estimated cost of $62,800 is simply an estimate at this time to provide the municipality some guidance of potential cost_ We trust this submission provides the information you were seeking. Yours. sincerely, SLR Consulting (Canada) Ltd. Steven Usher Project Manager SJulsu 2 It is unknown if the four experts would .charge to attend' a scoping session, or would even agreer. to attend. We have assumed four outside experts at a nominal $1.000 a day retainer, that is, $4,000. SLR 3 1339 Attachment 2 to Municipality of Clarington Addendum to PSD -008-16 January 18, 2016 Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Attention: Mayor Foster and Members of Council Re: Tritium/He-3 Testing for Municipality of Clarington Mayor Foster and Members of Council: I strongly recommend that a comprehensive tritium study be conducted at and near the Clarington Transformer Site as I have advocated for the past two years. However, because six tritium values have already been obtained by the local residents and because these values raise important unresolved questions about the understanding of the site hydrogeology, there is even more urgency now to proceed with a comprehensive tritium study. Given the SLR conceptual model, if flowls coming from 6 km north and age of water is approx. 75 years, tritium value in the deep well should be below the detection limit of 0.8 TU. The study is needed to improve and verify the site hydrogeological model. The current version of this model is preliminary and needs better verification that requires tritium and some other types of data mentioned below. Phase 1 The local residents have, on their own initiative, collected and paid for six tritium analyses done at the U -Ottawa lab. These results have provided a good start to a comprehensive study. These six values can be referred to as Phase 1 tritium study. Phase 2/Stage 1 Phase 2 study can be done in stages; each would be designed based on the results of the previous stage. Steve Usher has proposed 20 samples for the next stage and that may be appropriate at this point in time if the selection of sampling wells is properly designed. Therefore I will assume 20 wells sampled for Phase 2/Stage 1. All tritium analyses should be done in the U -Ottawa lab along with other isotopes (oxygen -18 and deuterium). I recommend that the next stage involving these 20 samples be designed by an expert team comprised of Clark, Cherry and Gerber. Doug Taylor would be an ex officio member because he has exceptional local knowledge and is most helpful in tracking down information from the local residents about their wells. He can represent the EEA. If there is any disagreement about any of the details, the decision should be majority vote including Clark, Cherry and Gerber. When the analysis results are available from the laboratories they will be provided to Steve Usher and Hydro One in a timely manner for their reconsiderations. Clark, Cherry and Gerber will provide a report to Clarington Council that indicates what the results mean for the understanding of the site groundwater conditions. 13-40 There are three categories of wells that should be included in this stage; the 20 wells would be selected from these three categories: Local residents' wells- the wells selected should have good information about their design and locations to avoid wells that are most likely to give results influenced by wellbore leakage. If need be, to keep cost down, these wells can be sampled by a team of local residents as was the case for the six resident wells already sampled (good_ notes and photos can be made part of the official records). 2. Monitoring wells at the deep -hole site- the cluster of 5 wells referred to as the MW5-14 wells, each of these wells is at a different depth. The sampling of these wells will require some purging. The procedure for this should be specified by the tritium expert team. 3. 12 wells that are part of the Stantec quarterly groundwater monitoring program- the samples can be taken at the same time as the quarterly so that the sampling cost will be nearly zero. These wells are all shallow, less than about 50 feet, so only a few of these would be included as representative wells of the 12. The sampling can be done by Stantec when the quarterly sampling is done and therefore the extra cost for sampling should be minimal. The Phase 2 study should include re -sampling of some of the six wells done previously. This resampling would provide samples for tritium -helium analysis to better determine the age of the groundwater in these wells. I expect that it will not be difficult to get agreement on which wells out of these three categories should be included in the next phase. There are two parts to all tritium studies. The first part is the sample collection and the second is the lab analyses. A good approach can be to sample some extra wells beyond the 20 budgeted for analysis. The lab analyses can be done in stages to optimize cost of the lab analyses which is likely the most important part of the budget. For example, the lab could do 10 tritium samples first and based on the results from these, the other 10 samples would be selected from say the remaining 15 samples available because " extra " samples were taken. The tritium -helium sampling will need to be done by a University of Ottawa technician. However, there is an important additional action that should be part of the tritium study which is the collection of water samples in other bottles so that other analyses can be done for the same well. In other words, when the tritium sampling is done, additional bottles should be filled for analysis of: oxygen -18 and deuterium (stable isotopes of water; tritium is the radioactive isotope of water) chloride, nitrate and sulphate dissolved organic carbon (DOC) 1341 Before it is finalized, we propose that the report on this work to be prepared by the tritium study team with review and input from the University of Guelph and McMaster research group and Steve Usher. We review this endeavor as a collaboration between University of Guelph, McMaster University, University of Ottawa and Cloca and Clarington Municipality. These constituents are needed to help discern the origin of the water, in particular, to discern whether or not the water is consistent with groundwater that has gotten into the well by normal groundwater flow or by leakage down along the well casing because the well is not properly sealed. Also, these constituents are indicators of the presence of water impacted by human activities such as road salting, agriculture and others and therefore they are indications of well vulnerability. The cost of the analyses is low if appropriate labs are selected. Instructions will be provided by the tritium study team concerning the bottles and related procedures. We estimate that the total cost of this proposed study should be in the range of 20-25K. The professional time of Cherry, Clark and Gerber will be contributed at no charge. This estimate can be fine- tuned when the tritium study team prepares a detailed work plan. In Mr. Usher's report to Clarington on January 11, 2016 PSD -008-16; Section 3.5, he quotes the Ministry of Environment & Climate Change as follows " ...the current program is satisfactory and [MOECC] does not'consider the tritium levels found in the local wells to be unexpected ... the tritium concentrations indicated that the groundwater recharge, corresponding to the lower concentration of tritium found in the wells, is likely coming from up -gradient sources a number of kilometers to the north of the site. " My colleague, Dr. Clark and I strongly disagree with this interpretation of the initial tritium results. This interpretation is incorrect. We believe the tritium tests conducted on the local private wells, to date, do not support the current conceptual model. This clearly points to the need for further tritium and also tritium/helium testing to develop a conceptual model that supports the data. John Cherry, Ph.D, P.Eng Distinguished Emeritus Professor, University of Waterloo Director, University Consortium For Groundwater Contamination Research, University of Guelph Cc Dr. Ian D Clark, P. Geo. 1342 Attachment 3 to Municipality of Clarington Addendum to PSD -008-16 Hydro One Networks Inc. 483 Bay Street South Tower, 4' floor - Toronto, ON M5G 2P5 www.HydroOne.com Brad Bowness Vice President, Construction Services Brad. Bowness@HydroOne.com January 29, 2016 Faye Langmaid, Manager Special Projects Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Dear Ms. Langmaid: RE: Municipality of Clarington Council Resolution #PSD -008-16 hydr®(L" one Thank you for forwarding a copy of the above resolution. I am respectfully providing a response from Hydro One to assist in the preparation of a staff report to Council. Please be advised that Hydro One will not support any activities related to Dr. Cherry's most recent proposal referenced in the Municipality of Clarington's Council Resolution #PSD -008-16 dated January 11, 2016. While Hydro One appreciates that the scientific community and local residents see the value in conducting regional research, we don't believe undertaking additional studies as proposed would provide any further information beneficial to Hydro One's approved Groundwater and Surface Water Monitoring Program for Clarington TS or relevant to the use of. this property as a transformer station. We remain committed to protecting the quality and quantity of groundwater and surface water in the Clarington TS project area through the Monitoring Program. We believe that the extensive field program undertaken to date has gone above and beyond Condition 1 of the Minister's Decision (dated January 2, 2014) with respect to the hydrological and hydrogeological characterization of the project area. Additionally, as outlined in our response to the Municipality of Clarington on December 18, 2015, we remain of the opinion that undertaking tritium analyses would not provide additional information relevant to the monitoring program or the construction and operation of Clarington TS. In an effort to ensure the community has resources available to review and interpret Monitoring Program results, Hydro One provided funding of up to $250,000 to the Municipality to select and retain a third party expert. The objectives of selecting a third party were outlined in Hydro One's proposal to Mayor Foster and members of Council dated June 11, 2014. These objectives were also outlined in the Municipality of Clarington's Request for Proposal No. 2014-11 in section 3.03 on page 18. 1343 The allocated amount of funding was derived by determining an approximate number of hours per month at an assumed rate the peer review would require, for the expected duration of the Monitoring Program. It is Hydro One's expectation that the entirety of this funding be used to undertake the mutually agreed upon scope of work used to select the third party expert through the procurement processed managed by the Municipality of Clarington. Hydro One will not provide any incremental funding beyond $250,000, as this amount and the remaining balance is seen as reasonable to complete the scope of work and terms as originally agreed to. Thank you for the opportunity to respond. I trust this clarifies Hydro One's position with respect to Resolution #PSD -008-1 b. Yours truly, Brad Bowness 1344 Attachment 4 to Municipality of Clarington Addendum to Report PSD -008-16 1 February 2016 SLR'-�fta Ms. Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Projposal No.: 209.40542 Dear Ms.Langmaid: RE. North Clarington (In Proximity To The Clarington Transformer Station) - Tritium Assessment On January 5, 2016, SLR provided an estimate of the cost of a three step tritium study to the Municipality of Clarington. Subsequently, G360 provided a proposal to carry out the first step of that program with some modifications. On January 18, 2016, Council asked staff by resolution to determine what cooperation between parties would be needed to conduct a tritium investigation. SLR was invited, along with Dr. Gerber of CLOCA to participate in technical scoping exercise with Drs. Cherry and Clarke, which we attended on January 26, and which was chaired by you. The following two step program has been agreed upon. We expect that should funding be approved and it proceed, that there may be minor adjustments once all parties share their knowledge. In general, nine selected private wells in the deep aquifers will be sampled for tritium and some support parameters (deuterium, oxygen -18, DOC). Four of the five groundwater monitors in the deep cluster at MW5-14 on the Hydro One site will also be sampled for the same parameter suite. The participating groups wil convene to examine and interpret the results collectively. From this, a second phase of sampling to include helium isotopes will be performed on up to 10 samples. Reporting will be done collectively by Drs. Cherry, Clark and Gerber with contributions from SLR. It is our understanding that the Enniskillen Environmental Association EEA) have confirmed they will be a resource to the study team to help determine well construction details, and in contacting residents. Attached is the list of proposed monitoring points (Table 2), including the rationale for their selection, and preliminary tritium results from previous sampling. The following table (Table 1) summarizes the activities and anticipated costs. (Please note that in the table, the acronym "UoO" refers to University of Ottawa, and "QA/QC" refers to Quality Assurance and Quality . Control procedures.) SLR Consulting (Canada) Ltd. 200 - 300 Town Centre Boulevard, Markham, ON L3R 5Z6 T: 905.415.7248 F: 905.415.1019 ;,r,va.sircor, sUting.com 1345 Attachment 4 to Municipality of Clarington Addendum to Report PSD -008-16 Municipality of Clarington Proposal No. 209.40542 Clarington North Tritium Study February 2016 Table 1. Summary of Activities and Anticipated Costs Task Anticipated Cost Comments and assumptions 1. Private Well and $2,800 (UOQ - Stantec to provide additional water sample Monitor labroratory: 13 during their routine sampling event Sampling samples plus one - Alternately, Resident's to sample QA/QC Blank) independently. $1,500 (SLR - G360 to provide sampling and chain of coordination, chain of custody monitor custody) - Dr. Clark's isotope lab in Ottawa.to be used - SLR to coordinate 2. Data Analysis $0 (G360 donated - Collation of results and time) - EEA to assist with well details and Interpretation $1,500 (SLR neighbour contact Coordination, ' - Dispersion modelling with Clark model explanation of results - Geologic sections by Dr. Gerber to Clarington) - Comparison to conceptual models by all - SLR to coordinate 3. Helium $7,000 (U0O - UoO to sample sampling labroratory: 10 - G360 to provide sampling and chain of samples analysed for custody monitor helium, tritium, - Dr. Clark's isotope lab in Ottawa to be used deuterium and - Oxygen 18) including one QA/QC Blank 4. Data Analysis $0 (G360 donated - Collation of results and time) - Comparison to conceptual models by all Interpretation $1,500 (SLR - SLR to coordinate Coordination, explanation of results to Clarington 5. Reporting $0 (G360 donated - Cherry, Clark, Gerber, Usher to collaborate time) - SLR to coordinate report 3,500 (SLR Coordination of authors, preparation of report, explanation of results to Clarington) SLR 13-46 Attachment 4 to Municipality of Clarington Addendum to Report PSD -008-16 Municipality of Clarington Proposal No. 209.40542 Clarington North Tritium Study February 2016 The total cost will be $17,800 plus HST, composed of $9,800 laboratory costs, and $8,000 in Professional fees for SLR. We wish to clarify that Dr. Cherry had earlier provided a cost estimate of approximately $8,000, however this was for the first Phase and did not include helium sampling, nor SLR involvement. We also note that SLR had provided an earlier cost estimate to Clarington (which we emphasized was to provide the Municipality some guidance of the potential cost) examining a three step study which was substantially more, however that did not have the benefit of in-kind donation of time by G360 members, Dr. Clark and Dr. Gerber. The refined approach described above fits within the original estimated range. Actual integrity testing of well conditions is not included, and would be extra should it be deemed necessary (anticipate $5,000 per well). No groundwater modelling is presently planned. It is anticipated that this work could be completed in 6 months. We trust this submission provides the information you were seeking. Yours sincerely, SLR Consulting (Canada) Ltd. —� X, ; C 741 4, Steven Usher Project Manager sJu/su 6.91:1 1347 Attachment 4 to Municipality of Clarington Addendum to Report PSD -008-16 Municipality of Clarington Proposal No. 209.40542 Clarinaton North Tritium Studv February 2016 Table 2. Proposed Sampling Locations SLR 13-43 Proposed Bottom of Source of Well Soil Unit Sample Screen (ft) Information Reason for Sampling Locations Weathered MW5-14S(2) 13 Stantec 2015 Sampling a shallow onsite well. Halton Till Report Mackinaw MOECC Well Re -sample of a Mackinaw well. Deposit PW -02 62 Record Previous tritium value was 38 TU. Newmarket Stantec 2014 Sampling an onsite well in the Till MW5-14(I) 131 Report competent Till Aquitard. MW5-14D 177 Stantec 2015 Sampling an onsite, Report Newmarket Sand Horizon well. MOECC Well Re -sampling of a Newmarket PW -06 188 Record Sand Horizon Well. Previous tritium value was 2.1 TU. Newmarket MOECC Well Re -sample of a high tritium Sand Horizon PW -10 212 Record well. Previous tritium value was 21 TU. ( within the Newmarket Homeowner Re -sampling of a Newmarket Till) PW -12 190 Evidence Sand Horizon well. Previous tritium value was 1.5 TU. MOECC Well Sampling of a new Newmarket PW -21 200 Record Sand well that has a well record. PW -22 161 MOECC Well Sampling of a down -gradient Record well from the site. PW -05 235 MOECC Well Sampling a down -gradient well Record from the site. Thorncliffe PW -17 342 MOECC Well Sampling an up -gradient well Aquifer Record from the site. Deposit Homeowner Re -sampling of a Thorncliffe PW -18 250 Evidence well. Previous tritium value was 0.8 TU. Beneath the Stantec 2015 Sampling an onsite well below Thorncliffe MW5-14D(2) 373 Report the Thorncliffe Deposit. Depost SLR 13-43 L� Clerk's Department If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. To: Mayor Foster and Members of Council From: Anne Greentree, Municipal Clerk Date: February 5, 2016 Subject: Council Meeting Agenda — February 8, 2016 — Update File: C05.Council Please be advised of the following updates to the Council Agenda: 7. Delegations (See Final Agenda) (Attachment #1) 9 Communications -- Direction 9.1 John Monster — Tritium Test of Enniskillen Wells Near Hydro One Transmission Site (Attachment #2) (Motion to refer correspondence for consideration during discussion of Unfinished Business Item 13.2) Attached for Members of Cou cil is he Final Consolidated Agenda. nne Gr , ree Municipal Clerk CAGIcf c: F. Wu, Chief Administrative Officer Department Heads i Council Agenda Date: February 8, 2016 Time: 7:00 PM ATTACHMENT # i TQ ..... ......... Rall Ttoo Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 906-623.3379, ext. 2101 or by email at cflemin clarin ton.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Copies of Reports are available at www.clarington.net 1 Call to Order 2 Moment of Reflection 3 Disclosure of Pecuniary Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 5.1 Minutes of a regular meeting of Council January 18, 2016 5-1 6 Presentations There are no Presentations scheduled for this meeting. 7 Delegations 7.1 Dr. John Cherry - Tritium Testing Proposal Surrounding Clarington Transformer Station (Unfinished Business 13.2) 7.2 Dr. Ian Clark - Addendum to Report PSD -008-16 -- Clarington Transformer Station — Additional Professional Services (Unfinished Business 13.2) 7.3 Steven Usher, Hydrogeologist, SLR Consulting (Canada) Ltd. - Addendum to Report PSD -008-16 — Clarington Transformer Station — Additional Professional Services (Unfinished Business 13.2) 7.4 Bill Peeters — Applications by H & H Properties Inc. to develop 68 Low Density Multi -Unit Residential Dwellings and 9 Single Detached Units (Item 6 of the Planning & Development Committee Report) 7.5 Halina Workman and Justin Kennedy - Amendment No. 104 to the Clarington Official Plan to Delete an Elementary School Site in the Warden East Neighbourhood and Amendment to the Worden East Neighbourhood Design Plan Applications Submitted by H&H Properties Inc. and Applications by H & H Properties Inc. to Develop 68 Low Density Multi -Unit Residential Dwellings and 9 Single Detached Units (Items 5 & 6 of the Planning & Development Committee Report) Page 1 8 Communications — Receive for Information There are no Communications to be received for information. 9 Communications — Direction Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 9.1 John Monster — Tritium Test of Enniskillen Wells Near Hydro One Transmission Site (Motion to refer correspondence for consideration during discussion of Unfinished Business Item 13.2) 10 Committee Reports 10,1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Accessibility Advisory Committee dated 10-1 December 2, 2015 10.1.2 Minutes of the Agricultural Advisory Committee of Clarington dated 10-6 January 14, 2016 10,2 General Government Committee Report of January 25, 2016 10-13 10,3 Planning and Development Committee Report of February 1, 2016 10-19 11 Staff Reports 11.1 Report EGD -009-16 —Appointment of Chief Building Official 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Addendum to Report CLD -007-16 - Appointments to Energy from Waste - 13-1 Waste Management Advisory Committee (Referred to Council by the General Government Committee on January 25, 2016) 13.2 Addendum to Report PSD -008-16 -- Clarington Transformer Station — Additional 13-16 Professional Services (Referred by Council on January 18, 2016) Page 2 14 By-laws Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 14.1 2016-009 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 3 of the General Government Committee Report) 14.2 2016-010 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of the General Government Committee Report) 14.3 2016-011 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.4 2016-012 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 6 of the General Government Committee Report) 14.5 2016-013 Being a By-law to appoint Private Property Parking Officers (Nemesis Security Services) (55 and 75 Shipway Avenue, Newcastle) (Item 10 of the General Government Committee Report) 14.6 2016-004 Being a By-law to regulate the placement of election signs (Item 14 of the General Government Committee Report) 14.7 2016-014 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Building Corporation) (Valleymore Land Corp.) (Item 2 of the Planning & Development Committee Report) 14.8 2016-015 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (LDB Holdings Ltd) (Item 2 of the Planning & Development Committee Report) 14.9 2016-016 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Heather Holt) (Item 4 of the Planning & Development Committee Report) 14.10 2016-017 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Properties Inc.) (Item 6 of the Planning & Development Committee Report) Page 3 Council Agenda Date: February 8, 2016 Time: 7:00 PM Place: Council Chambers 14.11 2016018 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Staff Report 11.1) 15 Procedural Notices of Motion 16 Other Business 17 Confirming By -Law 18 Adjournment Page 4 ATTACHMENT #, *8"" �_ February 3, 2016 Municipality of Clarington City Hall Director of Planning David Crome To whom it may concern: FEB 0.4'2016 MUNICIPALITY OF GLARINGTON John Monster 16 Nelson Lane Haydon, ON. L 1 C 3K2 905-263-4792 Recently, I read an article in the local newspaper, The ClaringtonThis Week, entitled "Clarington Could Fund Tritium Test of Enniskillen Wells Near Hydro One Transmission Site". The article outlines three possibilities of the origin of the tritium. I believe it would be important to correctly determine the origin of tritium in the wells, and it would be prudent to have a wider study area. Therefore, I would like to make my well available to you for testing of this element on my property in Haydon. My well is an eighty-six foot deep, drilled well that is approximately 30 years old. Please let me know if you would be interested, or i else I could do to assist you in this endeavour. Yours sincerely, John Monster 0 REVIEWED BY Original To; 0 File' Council Dlractinn O GO Direction a PD direction 0 Coundl lnfofM6 r O GG Informawn 0 PD Information Copy Ta; Cl Mayor 0 Members of a Ward Ccunalors Cound 0CAO 0Clarks OCommunioations 0 Comm"MY O Corporale ❑ Emergency servkes servkes Services Q ng C] Rnarrce Ca Legal Se►� Services Cioperatlona []Planning Ser►Rces 0 other. Munkipal Glark's R% Clerks Department If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. To: Mayor Foster and Members of Council From: Anne Greentree, Municipal Clerk Date: February 8, 2016 Subject: Council Meeting Agenda — February 8, 2016 -- Update File: . C05.Council Please be advised of the following updates to tonight's Council Agenda: 9 Communications — Direction (Additions) 9.2 Libby Racansky — Nash Road Developments and the Greenbelt (Attachment #1) (Motion to refer correspondence for consideration during discussion of Item 7 of the Planning and Development Committee Report.) Ms. Racansky is also requesting to address Council at tonight's meeting. Should Council wish to hear her delegation, a motion to suspend the rules of procedure will be required. 9.3 Dr. Ian Clark, P.Geo. University of Ottawa — Tritium/He-3 Testing for Municipality of Clarington (Attachment #2) (Motion to refer correspondence for consideration during discussion of Unfinished Business Item 13.2) Dr. Clark (Delegation 7.2) is unable to attend tonight's meeting. Clint Cole has requested to address Council on behalf of Dr. Clark. Should Council wish to hear Mr. Cole, a motion to suspend the rules of procedure will be required. i rine Or entree Municipal Clerk CAG/cf CLERK'S DEPARTMENT MEMO F. Wu, Chief Administrative Officer Department Heads PAGE 2 d (ACKEENT # TO Fleming, Cin From: stan racansky <Iibby.stan@sympatico.ca> Sent:. February -08-16 8:15 AM To; Clerks Department Outside Subject: Request to make a delegation on Nash Rd. Development Site & Its Removal from the Greenbelt Importance: High Hello, To Council: I was just trying to find out who was selected by you for the EFWAC because it was very important for Clarington who would be chosen. You have made a good choice. I have also find out that you would like to take so called Nash Rd. Development out of the Greenbelt. Is it good idea now when the northern boundary was extended within the only groundwater recharge area with two PSW Complexes and acknowledgement of the fact that the Hwy 418 will detrimentally influence this function? Courtice North ,including the Nash Rd. Development site, is the part of this sensitive system that needs special consideration. Nowhere in the GTA is so sensitive area included within the Urban boundary as part of Urban Separator between Courtice and 8owmanville. Municipal and CLOCA Staff was always against not sustainable and not compatible with this land development. Therefore I am requesting Council to reconsider this Decision for very good and sound reasons. Please, allow my delegation tonight to hear me on this subject. To Clerks: - Is there any more information on this subject? Could you send me not only # 7 from the Planning Development Council Meeting Minutes Reports. Thank you, Libby racansky Hancock Rd. Courtice, ON L1E 2M1 Sent from Mail for Windows 10 DISTRIBUTIQ�i REVIEWED 8y Original To: C] File 0 Council Dlreation 0 GO Direction o I'D Direction 0 Cooncll lnfarmation U GG Information d pD lnformalion Copy To; C] Mayor Q Members of c t Ward Councl#lays Council •CAO 0Clerks' UCommunications • Cotes ity U Corporate 0 Emergency Semces Services • Engineering Services O Finance 0 Legal dOperatfons Services dplanning Services 0 other: Municipal C€erk's Fife u. Ottawa February 8, 2016 Municipality of Clarington 40 Temperance Street Bowrnanviile, Ontario LIC 3A6 �VACHME11T�# Tog Universite d`Ottawa I University of Ottawa Facultd des sciences I Faculty of Science Departement des sciences de la Terre I Department of Earth Sciences Pavillon FSS 140 Louis -Pasteur Ottawa ON Canada KIN 6N5 M 613-562-5773 n 613-562-5192 geolree@u0ttaNva_ca Attention. Mayor Foster and Members of Council Re: TritiumlHe-3 Testing for Municipality of Clarington Mayor Foster and Members of Council: As a Professor in Isotope Hydrology, I have been involved in tritium studies for decades in Canada and elsewhere in the world and have written two textbooks for students and consultants on the subject. I am director of the University of Ottawa geoscience lab for tritium and helium analysis, which operates on a cost -recovery basis to provide analyses for industry and academia in Canada. I have been involved in tritium studies in the Pickering-Darlington-Clarington area over the past decade. My understanding is that the deep Thorncliffe aquifer has been identified as a protected groundwater resource that would be a backup water supply to the homeowners in the event that the shallow groundwater system is in some way affected by the construction and long-term operation of the Hydro One substation. The conceptual model developed by SLR for groundwater recharge and flow in the Thorncliffe holds that it is recharged several kilometers from the site and flow times are on the order of 75 years. Accordingly, it was predicted that groundwaters in this aquifer should be tritium -free (i.e. below the detection limit of 0.8 tritium units). Tritium analysis is a routine hydrogeological method used to assess aquifer vulnerability. It has been employed by consultants for decades. Tritium unambiguously shows recent recharge to aquifers. The few tritium analyses undertaken show that there is tritium in the Thorncliffe groundwater, in contrast with the prediction that it was too old to still retain measurable tritium. The presence of tritium indicates the possibility that there are short circuits for local recharge. This calls for a reconsideration of the conceptual model. Further testing of tritium concentrations and use of the expanded method using tritium - helium dating (also a routine method used across Canada by consultants) is required to show whether the Thorncliffe aquifer has possible short-circuit recharge pathways from the local area. Groundwater contamination is a serious environmental issue and requires due diligience to assess aquifer vulnerability. The Oak Ridges Moraine is a well-recognized resource of pristine groundwater feeding surface water habitat and supplying homeowners. It is logical that any project that could possibly jeopardize such a resource be undertaken using best hydrogeological practices to evaluate aquifer vulnerability. It is remarkable that a baseline tritium study was not implemented as part of the site evaluation program for the sub -station now under construction. Sipcerel"y, ; Ian Clark Dr. Ian D. Clark, P. Geo. Cc Dr. John Cherry, Ph D, P. Eng Reference for Addendum to Report PSD -008-16 February 8, 2016 Site Conceptual Geologic Model Groundwater Flow Pathway� Mackinaw Distribution Direction of groundwater flow in weathered Till and surficial sand 250 3 r r E£3 BH7A IVV3!13 MW5-14 l�r ! i T3;�'416 MH T TF2.11S' 2c+` DP? 14 21? -230 3 H4. 1. 3H2-12 V. UP 1 Flow rate = 4 m/yr in upper weatnered zone, and 600 m/yr in '-Mackinaw/ORM, where present a p, -S n t Ag 2,12 U- % f"MMIM-W 217 2 , n' 35.1 & 14 � f E�r .,,c f -I an � i s I'� I :clow I o w DireO\bo ,. Flow rate = 90 m/yr in Thorncliffe vv and 0.2 m/yr through overlying - Newmarket Till r f '.5 .� ±"_1; .Y 't i _ R LPt 1, �F2 1A 515'r B� 11-1?;- �M447=13 • _ 5'•-:' '15 TP2-14 1 -3 8H7A /•_ 5 4'H192 i5H2-I? ES"ii ,J +- d' SITE L,.. ar e: i. AL PN -04 M1'S.r 1 k +µ. • 04 F,' 12 f l� Vf- 1 f 5, �i5 r _��4 -A� P VV -13 PW -10 = 21 TU imp = t PW -06 = 2.1 TU r ►�,,►¢ 1 PW -01 = 47 TU # 4PW-06 PW -18 = 0.8 TU 0 sP+ 22 PW 21 "r_ PWV �n��`eyle�'RdC PW -02 = 38 TU Vd PW 12 = 1.5 TU To Council February 8, 2016 Subject: Nash Rd. Development & its removal from the Greenbelt NOW. (Report # 7 to Council, pg. 6) Please, do not request Province to remove this site from the Greenbelt for these reasons; There are 87 Recommendations from the Provincial Land Use Advisory Panel that was lead by David Cromble and its update was submitted to the Province this January. Public, yourselves nor the Province have time to absorb these yet. 1. 1 don't have time to expand on the individual recommendations but I will try to explain highlights. 2. The removal of this site prior to comprehensive review was not assessed yet. When was this comprehensive review done? (Newcastle meeting? — CLOCA and others were against Greenbelt reduction; concerns with the Hwy 418). 3. You also asking Province to extend the Greenbelt and form urban separators between Bowmanville and Newcastle. I agree with that proposal, but it would be hypocritical to request to remove Nash Rd. Development from the Greenbelt because it was included within the urban separator between Courtice and Bowmanville for many scientifically proven reasons. We have enough land available in new Courtice south, Courtice north finger sticking into the Greenbelt (where Kerry Meydam lives) and Maple Grove Rd. urban boundary expansion. Do we need more land? The OMB Decisions on some of this development are not applied (my well). These expansions will put pressure on adjacent lands to be developed and on our limited finances. 4. To continue with reasons why this land should not be removed from the Greenbelt- would the agricultural land zoning with natural heritage be protected here? S. Would this natural heritage — PSW, stream, recharge and Black Creek be protected? 6. Would this development promote reduction of greenhouse gas and reduce energy consumption when it is located right next to the Hwy 418? Hwy 418 transitway lanes for buses was not built yet — there should be protection of 418 corridor for this purpose. Do you know how much land will be needed at this site? 7. Would this site be transit oriented community or transit supportive development? 8. All levels of government should accept once and for all that Courtice north and Harmony, Farewell and Black Creek watershed is the only groundwater recharge area with 2 PSW Complexes in the whole GTA. It should be looked at differently. You should remind yourself the fact that this watershed is underlain by clay. Removal of woodlots, wetlands ad farmlands is now creating flooding along the local roads. Would the removal of Nash Rd. site protect public health and safety? I will send you photos of this current flooding, Allowing Water pooling is not responsible development —ticks and mosquitoes just love these stagnant pool conditions in deep ditches. We don't know what other serious illnesses may occur here due to the runoff instead of allowing the much needed infiltration into ground. 9. Recommendations are stressing on water resources protection. 10. Do we know the cumulative impacts of all development — namely, Transformer Station & its impacts on the headwater of streams, Hwy 407 in general, current development, development of new urban boundary sites, Incinerator and Saint Mary's emissions. Council should finally find out these cumulative impacts before considering yet additional development, according to our, Regional Ops, PPS, all 3 Provincial Plans and Recommendations of David Crombie's Panel. 11. Was there any collaboration with CLOCA on this subject? 12. Recommendation also stresses on the protection of smaller woodlots (Nash Rd. site contains 4 of these). Disturbance to this land was done prior to the EIS. 13. Would SWM be feasible at this site with high water table, where would the outfall from this pond go? 14. Sewers are not on the site — it would have to be extended from development located west. This could further affect recharge and hydrological significance. 15. Was the fact that this site is a carbon sink considered fiin relation to climate change? 16. Was the green infrastructure promoted here? 17. Was the blodiversity, ecosystem of this whole watershed addressed here? I could go on and on to express concerns that should be considered prior to removal of Nash Rd. site from the Greenbelt. Please, for now, request Province to expand Greenbelt between Bowmanville and Newcastle only, but do not request any changes to be made regarding removing this site as that would be premature at this time without looking at all recommendations. Development right next to the highway as it was common practice in the past should not be considered at all to protect human health. if the developer buys the land, it doesn't mean that it has to be developed when the result of it would have negative or undesirable consequences. Also, your Resolution to my before last and last delegation concerns in respect of remedlation of contaminated soil by the 418 team, resurfacing of Hancock Rd., repairing the broken bridge and changes to our Tree Bylaw are nowhere to be found. Are these points that you realize? All this will influence Nash Rd. development. Thank you, Libby Racansky