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Home My WebLink About05/28/2007 , "(}W'jnnffin ~n " . . . DATE: MONDAY, MAY 28, 2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held May 14,2007 PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close a portion of a road allowance situated within Lot 17, between Broken Front Concession and Concession 1 (now being Part 3 on Registered Plan 40R-24789) in the former Township of Darlington, now in the Municipality of Clarington. PRESENTATIONS a) Glenda Gies and Richard Fink, Co-Chairs - St. Marys Cement Community Relations Committee - Annual Report b) Jonathon Hill and Richard Fink - St. Marys Cement Community Relations Committee - Westside Marsh Reconfiguration DELEGATIONS a) Jane Eccles and Craig Ryan - Silken Laumann Project b) William Hasiuk - Stop Work Order on Woodlot c) Linda Gasser - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2- May 28, 2007 d) , Kerry Meydam - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) e) Jim Richards - Municipal Peer Review And Other Studies Of The DurhamlYork Elnergy From Waste Environmental Assessment Study - (Item 14 of Report #1) Alexandra Bennett - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) Barry Bracken - Municipal Peer Review And Other Studies Of The Durham/York Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) f) g) h) Wendy Bracken - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) i) Ron Hosein - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) j) Katie Clark - Municipal Peer Review And Other Studies Of The Durham/York Energy From Waste Environmental Assessment Study- (It'em 14 of Report #1) Yvonne Spencer - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) Lucy Wunderlich - Municipal Peer Review And Other Studies Of The DurhamlYork Energy From Waste Environmental Assessment Study - (Item 14 of Report #1) k) I) COMMUNICATIONS Receive for Information I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 8, 2007 I - 2 Minutes of the Clarington Museums and Archives Board dated April 11 , 2007 I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 2, 2007 I - 4 Minutes of the Clarington Traffic Management Advisory Committee dated April 19, 2007 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated May 15, 2007 (Copy attached) I - 6 Gordon Lee, Chair, Newcastle Memorial Arena Management Board - Letter of Appreciation Council Agenda 1- 7 1- 8 1-9 J.: I 1-10 I -11 1-12 1-13 -3- May 28, 2007 Kim Coates, Clerk, Township of Scugog -The Clean Water Act , P. Madill, Regional Clerk, Regional Municipality of Durham - Clarington Emergency Medical Services Facility Kathy Strariks, Manager, Chair and CAO's Office, Toronto and Region Conservation for the Living City - The Clean Water Act Cheryl Tennisco, Committee Secretary, Clerk's Department, Regional Municipality of Durham - Durham Region Transit Advisory Committee Terms of Reference and Appointment of Members Martha A. Pettit, Managerof Legislative Services/Deputy Clerk, Town of Ajax - Self~Serve Gas Stations Kim Coates, Clerk, Township ofScugog - Self-Serve Gas Stations The Honourable John Gerresten, Minister of Municipal Affairs and Housing - Municipal Statute Law Amendment Act. 2006 Receive for Direction D - 1 Councillor Robinson - Annual Fireworks Display at Bond Head Parkette D - 2 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre - Appointments to the Board of Management D - 3 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage . Trust - 2007 Heritage Community Recognition Program D - 4 Patti Ashbridge, Program Assistant, Heart & Stroke Foundation _ Durham Region Office - Annual Heart and Stroke Big Bike Fundraising Event D - 5 Andrew Reefer - Requesting permission to Hold a Fireworks Display D - 6 Marlaine Koehler, Executive Director, Waterfront Regeneration Trust - 'The Trail Ahead" Waterfront Conference Proclamation of "Waterfront Trail and Greenway Day., D - 7 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax - Composition of Regional Council D - 8 Confidential Correspondence - Legal Matter Council Agenda MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of May 22, 2007 . UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT -4- May 28, 2007 , ,,;.J'.,,'PII.II Cl~gton Council Meeting Minutes MAY 14, 2007 Minutes of a regular meeting of Council held on May 14, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer, ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G, Robinson Councillor C. Trim Councillor W. Woo Director of Corporate Services/Acting Chief Administrative Officer, M. Marano Manager of Transportation and Design, L. Benson, attended until 8:38 p,m. Director of Community Services, J. Caruana, attended until 8:38 p.m, Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 8:38 p.m. Manager of Special Projects, F. Langmaid, attended until 8:38 p.m. Manager of Development Review, C. Pellarin Director of FinancelTreasurer, N. Taylor, attended until 8:38 p,m. Fire Chief, G. Weir, attended until 8:38 p.m, Administrative Assistant to the Clerk, C. Fleming, attended until 8:38 p.m. Municipal Clerk, p, Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated he would be stating a pecuniary interest with respect to Report #3. MINUTES Resolution #C-260-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 30, 2007, be approved. "CARRIED" Council Meeting Minutes -2- May 14, 2007.. PRESENT A liONS John O'Toole, MPP, Durham, addressed Council to present his annual update from Queen:!; Park. Mr. O'Toole congratulated new and returning Members of Council and pledged his support to work co-operatively to serve the taxpayers of Clarington. Mr. O'Toole advised there has been much debate in the legislature regarding social programs and the argument of uploading and downloading services, Mr. O'Toole acknowledged the revenue challenges facing municipalities resulting from the downloading of services and felt the best defense for Council is having accountability and transparency in local government. He commended Council for holding fewer closed meetings. Mr. O'Toole highlighted current legislation before the assembly and . its effects on the local taxpayer, and commented on issues of local importance including the Highway 407 East expansion, GO Transit and Durham Region Transit, the Greenbelt legislation and the cost and accessibility of health care services. Mr. O'Toole recognized the municipality's energy resources and partnerships and urged Council to fast-track the process to provide the opportunity for Clarington to become the Energy Capital of Canada. Wayne Robbins, Senior Vice President, Ontario Power Generation - Darlington, addressed Council to provide a report on the annual operations of Ontario Power Generation (OPG). Through use of a PowerPoint presentation, Mr. Robbins highlighted OPG's 2006 performance and reviewed priorities for 2007, Mr. Robbins advised that OPG's focus is on safe, reliable, cost-effective generation, operating in an open and environmentally responsive manner. Mr. Robbins stated that Darlington has avery large generating capability with excellent performance, noting three units at Darlington are in the top quartile in the world for nuclear generating facilities. Mr. Robbins reviewed improvements and execution of outage cycles, long-term station sustainability, and security upgrades including regulatory compliance and additional enhancements for 2007. He also provided an overview of the construction of new nuclear at Darlington, the feasibility study for refurbishing of Pickering B, and the Darlington Waste Management Facility. Mr. Robbins summarized by stating it is OPG's intention to maintain the trust of the community through honest, open communications, being socially and environmentally responsible and by giving back to the community through community programming and the generosity of Darlington's staff. Resolution# C-261-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the rules of procedure be suspended to allow Art Robinson to address Council concerning Report #4 - Confidential Report of the Solicitor. "CARRIED" Council Meeting Minutes -3- May 14, 2007 DELEGATIONS Mark Canning addressed Council concerning Correspondence Item 0 - 9 regarding the Tyrone Spirit Day to be held on June 9, 2007. Mr. Canning advised the Tyrone Spirit pay started out as a baseball game in 1981, and has been held annually since then to bring the community together. Mr. Canning outlined the day's activities commencing with a parade, and including a midway, karate demonstration, food and other activities. Mr. Canning requested Council's support in approving an interest-free loan to assist with the planning of the celebration. He invited members of Council to participate in the day's events and to consider entering a float in the parade, Mr. Canning also thanked Members of Council for their support of the Community Centre. Mary Dunlop, Executive Director, and David Bourgeois, Treasurer, Board of Directors, Durham Youth Housing and Support Services (DYHSS), addressed Council concerning a Youth Shelter in Durham Region. Through use of a PowerPoint presentation, Ms. Dunlop provided background information on the establishment of Durham Youth Housing and Support Services, their objectives in raising awareness of youth homelessness in Durham Region, statistics on youth homeless ness, the DYHSS governance structure, arid their achievements to date. Ms, Dunlop advised Durham Youth Housing and Support Services are looking to develop a 10-bed emergency shelter for youth, ages 16-24 in the southern corridor of Durham Region in 2007, She noted it is not their intention to duplicate services being provided by other agencies but to work in partnership with others in the community to focus on the needs of youth at risk, Dave Bourgeois reviewed DYHSS's operating budget advising the overall expense to operate the shelter is $340,000 for a one year period. He noted they have received a grant from the Trillium Foundation in the amount of $ 75,000 and were expecting to raise $134,000 from the community. In response to questions, Ms. Dunlop confirmed that youth under the age of 16 are the responsibility of the Children's Aid Society and that although there are adult shelters where youth 16-24 years of age can stay, it is their intention that the younger age group will stay in the youth shelter. Nick Mensink, Sernas Associates was called but was not present. Resolution #C-262-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT the delegation of Brenda Lynn Gifford be referred to the end of the agenda to be considered during the "closed" session of Council. "CARRIED" Council Meeting Minutes -4- May 14, 2007 Resolution #C-263-07 Moved by Councillor Novak, seconded by Councillor Hooper . I' THAT the delegation of Art Robinson be referred to the end of the agenda to be considered during the "closed" session of Council. COMMUNICATIONS "CARRIED" Resolution #C-264-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 3, I - 9, and I - 11. "CARRIED" I - 1 Minutes of the Kawartha Conservation Authority dated A-01.KA March 14,2007. 1-2 A01,CL 1-4 A01.NE 1-5 A01,GA 1- 6 F-11.GE Minutes of the Clarington Animal Advisory Committee dated March 21, 2007. Minutes of the Newcastle Memorial Arena Management Board dated April 10, 2007. Minutes of the Ganaraska Region Conservation Authority dated April 19, 2007. Leesa Venning, Program Co-ordinator, Canadian Mental Health Association - Durham Branch, expressing appreciation to Council for providing the Association with a $1,000 grant in support of the 'Making Connections Clarington Resource Centre' program. Council Meeting Minutes 1-7 P17,GE ,- 8 P17.GE 1-10 P17.GE 1-12 A01,CE 1-13 F11.GE -5- May 14, 2007 Sandra Kranc, City Clerk, City of Oshawa, advising that the CiW of Oshawa on April 10, 2007, passed the following resolution pertaining to the notice and advance payment for services of paid-duty officers: I "THAT Council endorse Clarington Council's resolution to Durham Regional Police Service (DRPS) requesting DRPS rescind their new policy requiring paid-duty officers receive a minimum of one week advance notice and payment in advance for their services, and advising this new policy may cause undue hardship for certain non profit organizations, and in certain circumstances such as emergency property standards orders," Debbie Leroux, Clerk, Township of Uxbridge, advising that the Township of Uxbridge on April 16, 2007, passed the following resolution pertaining to the notice and advance payment for services of paid-duty officers: 'THAT the Finance and Administration Committee support the Municipality of Clarington's Resolution that the Durham Regional Police Services Board rescind their policy to require a minimum of one-week advance notice and payment in advance for the services of paid-duty officers." Kim Coates, Clerk, Township of Scugog, advising that the Township of Scugog on April 23, 2007, received and endorsed Council's resolution pertaining to the notice and advance payment for services of paid-duty officers. J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, forwarding copies of the Authority's "2006 Year In Review, Working in Partnership for Healthy Watersheds" publication, highlighting a number of CLOCA's projects and achievements in 2006. Harold Sellers, Executive Director, Oak Ridges Trail Association, thanking Council for providing a $500 grant in support of the "Moraine for Life Adventure Relay and Scavenger Hunt", which will assist in ensuring continued success of the Oa.k Ridges Trail Association and the Moraine for Life Adventure Relay. Council Meeting Minutes - 6- May 14, 2007 , 1-14 E06.GE 1-15 C10.GE , " Richard Coglon, Project Manager, TransCanada, providing an update on TransCanada's Bowmanville Compressor Station addition project on Langmaid Road, advising that construction is scheduled to commence in late May/early June with a planned completion by early December, and advising that access roads in the area will experience additional construction-related traffic during this time and possible additional noise from the Station. The correspondence indicated that TransCanada will do its utmost to minimize any impacts to the neighbourhood and will adhere to all applicable federal, provincial and municipal regulations as required. p, Madill, Regional Clerk, Regional Municipality of Durham, advising that the Region of Durham on April 18, 2007, passed the following resolution pertaining to the long term strategic property tax plan for the Region of Durham, "a) THAT for 2007 Property Tax Purposes, the following property tax policy changes be approved in order to phase-in the objectives of the Region's Long Term Strategic Property Tax Plan: i. The Large Industrial Tax Ratio be reduced to 2,2598 times the Residential Tax Ration (2.5112 in 2006), ii. The Multi-Residential Tax Ratio be reduced to1.86650 times the Residential Tax Ration (1.9188 in 2006); and iii The Farmland Tax Ratio be reduced to 0.2000 times the Residential Tax Ration (0.2167 in 2006). b ) THAT the Region of Durham request that the Province match the Region's tax ratio reductions by reducing the Education Taxation in proportion to the Region's municipal tax ratio reduction for the following: i. Industrial property tax classes as proposed in Recommendation a)i., and ii. Farmland property tax class as proposed in Recommendation a)iii. Council Meeting Minutes -7- May 14, 2007 c) THAT for the 2007 Mandated Provincial Business Protection Program (Capping), the new options made available to municipalities by the Province in 2005 and implemented by Regional Council in 2005 and 2006, for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below, be continued: , I _I. " i. The maximum percentage increase or cap in property taxation due to reassessment in any given year be maintained at 10% of the previous year's taxes; ii. A minimum annual threshold increase of 5% of total CV A property taxation be continued for properties that are provided protection; iii. The 'billing' threshold be maintained such that any property whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CVA based taxation be required to pay its full CVA level property taxation amount and the clawback percentage be adjusted accordingly, and iv, The preferential tax treatment afforded to New Construction properties continue to be phased out as indicated below and New Construction properties be taxed at the full rates by 2008. 2007 2008 90% 100% Minimum of CVA Taxes Minimum of CVA Taxes d) THAT the Minister of Finance be requested to make the following changes to Provincial Legislation/Regulations relating to Current Value Assessment (CVA) Taxation Policy in order to achieve greater fairness and equity in the property tax and assessment system: Council Meeting Minutes -8- May14,2007. i) Reassessment Impact Mitigation , " . The Province embark on a full review of the Current Value Assessment system currently mandated for Ontario with the objective of providing municipalities with greater tools and flexibility to mitigate abnormally high assessment increases. The review be conducted in consultation with the Municipal Sector and any recommendations, which are supported by the Municipal Sector, be implemented prior to the 2009 taxation year when taxpayers will experience the impacts resulting from the scheduled 2008 reassessment by the Municipal Property Assessment Corporation (MPAC). . Furthermore, i. the Province not legislate any changes to the current property taxation policy or assessment regimes until such time that a complete Province-wide property-by- property impact analysis on any proposed changes is completed and the Municipal Sector is both advised of the potential impacts and consulted on implementation and mitigation strategies, Ii. any proposed changes include a plan to phase-out the current Provincially mandated Business Protection program ("Capping"), which results in distorted taxation for the Multi-Residential, Commercial and Industrial property tax classes, and Iii. any proposed changes to the current regimes be done over a reasonable time frame to ensure that municipalities and taxpayers are both consulted and prepared to implement the changes and mitigation tools in a well informed and proactive manner. Ii) Provincially Mandated Business Protection Program . In light of the need to reduce the complexity and confusion ofthe current Provincial program and to establish fairness and equality with respect to taxation in the Non-Residential sector, the Province should permanently exclude all properties that reach their full CV A level taxation from all future capping programs (i.e. once removed, a property would no longer be eligible for protection or c1awback resulting from future reassessments,) Council Meeting Minutes - 9- May 14, 2007 'I; I" · Further, that the Province not legislate a similar 'capping' program for the Residential property class as it simply shifts property taxes from one taxpayer to another without any regard for the individual taxpayer's ability to pay. Iii) Assessment Appeals · In light of numerous and continuous large property assessment appeals that have and continue to have the potential to negatively impact the Regional assessment base which in turn affects all taxpayers in Durham, and in keeping with the Region's responsibilities for setting Region-wide tax policy, the Province grant upper tier municipalities status in the assessment appeal process, including the following: the right to complain to the Assessment Review Board on individual assessments; the right to be a party at the assessment appeal hearings; and the right to be notified of appeals and settlements by MPAC. e) THAT the following correspondence concerning property taxation and assessment issues be received for information: CC#359 City of Port Colborne Resolution objecting to any further downloading of costs for MPAC to the local taxpayer and requesting the Provincial government take immediate action to fix the flaws of the property assessment system. CC#361 Countv of Prince Edward Resolution advising the Province that it will freeze payments to MPAC at the 2006 level until MPAC has implemented changes that will result in an improved and strong functioning system that is fair to all Ontarians. CC#362 Corporation of the Townshio of Chisholm Resolution requesting the Province freeze the base assessment valuation at the January 1, 2005 level and that property assessments be increased only upon the sale of a property. CC#376 Debbie Zimmerman. Chair of the Municioal Prooertv Assessment Corporation Board of Directors offering to arrange a presentation to Council by MPAC representatives on the role of MPAC and the Ontario assessment process. - 10- May 14, 2007 Council Meeting Minutes 1-16 F11,GE I - 17 SOO.GE 1-18 F27.MP 1-19 F27.MP 1- 20 SOO.GE " f) THAT the requisite by-laws for the 2007 Long Term Strategic Property Tax Plan be prepared by the Regional Solicitor in conjunction with the requisite By-laws for the Region's 2007 Business Plans and Budgets" Ron Robinson, President, Kendal Lions Club, expressing appreciation to Council for providing a $500 grant to the Kendal Lions Club which will assist the Club in helping those in need, Charles Ryan, Board President, Distress Centre Durham, forwarding correspondence to the Honourable George Smitherman, Minister of Health and Long-Term Care, expressing concern over the proposed $8 million dollar cut to the mental health division of Lakeridge Health and urging the Province to re-consider cutting resources from mental health services as community based agencies will not be in a position to fill the gaps. ' Greg Martino, Account Manager, Municipal Relations, Municipal Property Assessment Corporation (MPAC), providing information on MPAC's expanded property inspection program for 2007, advising MPAC anticipates inspecting more than 500,000 residential properties across Ontario in an effort to improve accuracy of assessed values and also to verify property classifications for commercial and industrial properties, Debbie Zimmerman, Chair, MPAC Board of Directors, Municipal Property Assessment Corporation (MPAC) advising of significant changes to property assessment in Ontario under the 2007 Ontario Budget including province-wide assessment updates every four years, phasing in of assessment increases for residential, farm and managed forest properties, and converting the current optional Request for Reconsideration Program into a mandatory stage of the appeal process; advising MPAC will review how the changes will affect all aspects of MPAC's ongoing operations including the implementation of the recommendations made by the Ontario Ombudsman, and that MPAC will update municipalities on their progress. John O'Toole, MPP, Durham forwarding correspondence to Marion Saunders, Chair, Board of Trustees, Lakeridge Health Network, requesting to meet with the Board in order to receive an update on all capital projects, including projects planned, approved, or pre-approved by the Ministry of Health and Long-Term Care. Council Meeting Minutes 1-21 SOO.GE , I 1- 22 E05,GE 1-3 A01.HI - 11 - May 14, 2007 John O'Toole, MPP, Durham forwarding correspondence to " Denis Beaulieu, Chair, Memorial Hospital Foundation -Bowmanville, commending the Foundation's Board and volunteers for their support and advocacy on behalf of the Touching Lives Campaign and requesting to meet with the Board in order to receive an update on all local capital projects supported by the Foundation, including projects planned, approved or pre-approved by the Ministry of Health and Long-Term Care. Jack Gibbons, Chair, Ontario Clean Air Alliance, advising of the launch of their 'Peak Busters' Contest in May, a contest that challenges community members to be leaders in reducing peak summer electricity demand and issuing a challenge to communities across Ontario to reduce their peak demand and coal-fired electricity use and to work with local utility, community groups, business organizations and institutions to take advantage of the many benefits of reducing peak demand and to protect public health and the environment. Minutes of the Clarington Highway 407 Community Advisory Committee dated May 7, 2007. Resolution #C-265-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the minutes of the Clarington Highway 407 Community Advisory Committee be referred to the Director of Emergency Services. 1-9 P17.GE "CARRIED" p, M. Madill, Regional Clerk, Regional Municipality of Durham, advising that the Region of Durham on April 18, 2007, received for information Council's resolution pertaining to the notice and advance payment for services of paid-duty officers. Resolution #C-266-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item 1-9 be received for information. "CARRIED" Council Meeting Minutes - 12- May 14, 2007 , ' I - 11 C10.GE " Ij', '" Debi A. Bentley, City Clerk, City of Pickering, advising that the City of Pickering on April 16, 2007, passed the following resolution pertaining to the Greater Toronto Airports Authority's Master Plan for the Pickering lands: "WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #212/98, Resolution #172/04 on December 20, 2004, #207/05 on November 21,2005 and Resolution #84/06 on June 19,2006, with respect to supporting a public and independent due diligence review of the Greater Toronto Airports Authority's Master Plan for the Federal Lands in Pickering including a request to provide intervener funding: and WHEREAS the United Nations Intergovernmental Panel on Climate Change, (IPCC), estimates that the high altitude emissions from aircraft could have a warming impact of two - four times their carbon dioxide emissions alone; and WHEREAS the Intergovernmental Panel on Climate Change indicates 'there would not appear to be any practical alternatives to kerosene-based fuels for commercial aircraft for the next several decades'; and WHEREAS because of growing concerns about global warming and the impact of air travel on it, governments will need to begin taking action to regulate aircraft emissions. NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Pickering reconfirm its support for Resolution 212/98, Resolution #172/04 on December 20, 2004, #207/05 on November 21, 2005 and Resolution #84/06 on June 19,2006; in addition, the City urges the Federal, Provincial and Regional Governments to support the following; 1 ) THAT the Federal Minister of Transport be urged to proceed expeditiously to conduct a review of the Greater Toronto Airports Authority's Master Plan for the Pickering lands and the need for an airport at Pickering and proceed with the review in an open, public and transparent process; and 2) FURTHER THAT Transport Canada and Environment Canada be requested to include a study that considers how the following economic and environmental factors would effect the future of air transportation and the needs analysis of the Greater Toronto Airports Authority's Master Plan demand forecast to 2032 and the business case for Pickering: Council Meeting Minutes - 13- May 14, 2007 a) rising fuel prices & peak oil; and b) the impact additional emissions would have on air quality as well as contribute to climate change; and : I " c) the economic impact that future government action to control emissions may have; and 3) FURTHER THAT the Federal Government remain committed to protecting the Federal Pickering Lands; and 4) FURTHER THAT this resolution is supportive of the Corporation of the City of Pickering's Partners for Climate Protection Program and Sustainable Pickering initiatives, 5) FURTHER THAT a copy of this resolution be forwarded to the Prime Minister of Canada; the Federal Minister of Transport, Infrastructure and Communities; the Premier of Ontario; the Ontario Minister of Transportation; the Federal and Provincial Opposition Parties; GTA MPs and MPPs; the Greater Toronto Airport Authority; and the GTA Area Regional and Local Municipalities." Resolution #C-267-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 11 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 10 was received as a handout. Resolution #C-268-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda, inclUding hand-out Item D - 10, with the exception of Items D - 4, D - 7, D - 8 and D - 9, "CARRIED" Council Meeting Minutes - 14- May 14, 2007 D - 1 M02.GE , I D-2 M02,GE D-3 E07.GE D-5 T02.GE D-6 E05.GE Mark Cousins, Ontario Family Fishing Weekend Steering Committee, Ontario Federation of Anglers and Hunters, requesting July 6 to July 8,2007 be proclaimed "Ontario Family FishingWeekend" in conjunction with National Fishing Week. This special license-free fishing weekend includes fish festivals, clinics or conservation and educational activities and the Steering Committee is requesting the municipality's assistance in publicizing the event. (Proclaimed) Sue Harris, Clinic Recruitment Coordinator, Canadian Blood Services, requesting June 11 to 16, 2007 be proclaimed "National Blood Donor Week" in Clarington, to help raise awareness of the universal need for blood and to thank the many blood donors for their commitment to the well-being of fellow Canadians. (Proclaimed) Marilyn Carswell writing to the DurhamlYork Residual Waste Study Co-ordinator expressing concerns in opposition to the development of an energy-from-waste facility in the Clarington Energy Business Park due to associated health risks and adverse effects on residential land values in the area. (Correspondence referred to the Director of Planning Services) Ted Kanarellis expressing concern with the speed of vehicles traveling on West Side Drive in the Aspen Springs West Village subdivision and requesting the municipality install School Crossing Signs and 40 km/hr signage near the Dr. Ross Tilley Public School to ensure the safety of children who attend the school. (Correspondence referred to the Director of Engineering Services) P. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that the Region of Durham, at a meeting held April 18, 2007, passed the following resolution: "a) THAT the following resolution of the Council of the Township of South Stormont regarding the regulation of the cosmetic use of pesticides be endorsed: WHEREAS the Township of South Stormont Pesticide/Environmental Committee (PEC) passed Resolution No. 26/06/PEC, recommending that Council petition the government to implement legislation banning the use of pesticides for cosmetic purposes across the country; Council Meeting Minutes D - 10 T09.GE - 15- May 14, 2007 AND WHEREAS Council supports the PEC in their mandate concerning the protection of health, safety and welfare of the inhabitants of the Township of South Stormont; , jl" AND WHEREAS Council has passed Resolution Nos. 249/01 and 049/03, supporting the education of the harmful effects of pesticides and expressing their desire for a chemical free municipality; AND WHEREAS realizing the potential danger associated with the use of cosmetic pesticides, the Township has prohibited the use of pesticides on all municipally owned properties; NOW THEREFORE BE IT RESOLVED that Council petitions the Province to implement legislation to prohibit cosmetic pesticide use completely in the Province of Ontario. AND FURTHER BE IT RESOLVED that a copy of this motion be sent to our MPP, the Minister of Environment, Minister of Health and all municipalities.' b ) THAT the Premier of Ontario, Ministers of the Environment, Health and Long-Term Care, and Health Promotion, Durham's MPPs, Acting Chief Medical Officer of Health, and the Council of theTownship of South Stormont be so advised; c) THAT Report 2007-MOH-17 of the Commissioner & Medical Officer of Health be received for information; and d) THAT Report 2007-MOH-17 be forwarded to Durham's municipalities and the Durham Environmental Advisory Committee, Durham Agricultural Advisory Committee and all local agricultural and environmental advisory committees for their comments back to the Health & Social Services Committee for further discussion." (Correspondence referred to the Director of Operations) Leslie Hurley and Tammy Shiel requesting permission to close part of Firwood Avenue in Courtice on May 19, 2007 (rain date May 20, 2007) for the purposes of a neighbourhood street party. (Request approved provided the organizers apply for and obtain a Road Occupancy Permit) Council Meeting Minutes - 16- ~ay 14, 2007 D-4 S04.GE . " Bev Oda, MP, forwarding information on the New Horizons for Seniors Program for 2007, a program supporting projects led by seniors, including volunteering, outreach, mentoring and teaching activities that will benefit other seniors, vulnerable groups and the community; and, encouraging local organizations with relevant programming to apply for funding from the program. The application deadline is June 29, 2007. Resolution #C-269-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 4 be referred to the Municipal Clerk to place a notice in the local newspapers and to the Clarington Older Adults Centre. D-7 M02.GE "CARRIED" Paul Rowan, Parade Co-Ordinator, Tyrone Spirit Day Steering Committee requesting permission to hold a parade on June 9, 2007, commencing at 11 :30 a.m. to kick off the Tyrone Spirit Day Celebration; attaching a map of the parade route which starts and ends at the Community Centre; and, requesting use of one lane of traffic to accommodate the parade participants. Resolution #C-270-07 Moved by Councillor Trim, seconded by Councillor Woo THAT the request from Paul Rowan, Parade Co-ordinator, Tyrone Spirit Day Steering Committee be approved provided the organizers apply for and obtain a Road Occupancy Permit. "CARRIED" D - 8 Martha Rutherford Conrad, Administrator, Clarington Museum and A01.CL Archives, advising of a bequest received from the Estate of Mildred Sturch in the amount of $58,689.19 and requesting funds in the amount of $20,000 from the Estate, for the history sidewalk project as detailed in the 2007 Grant request. Resolution #C-271-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 8 be received for information. "CARRIED" Council Meeting Minutes -17 - May 14, 2007 D - 9 Mark Canning requesting an interest-free loan of $2,000 to assist F11.GE with the Tyrone Spirit Day to be held on June 9, 2007. Resolution #C-272-07 Mov~q by Councillor Woo, seconded by Council/or Robinson THAT an interest free loan in the amount of $2,000 be provided to the Tyrone Spirit Day Ad Hoc Committee of the Tyrone Community Hall Board to be repaid by December 31, 2007. "CARRIED" MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report May 7,2007. Resolution #C-273-07 Moved by Council/or Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 7,2007 be approved, with the exception of Item #7, "SEE FOLLOWING MOTION" Item #7 Resolution #C-274-07 Moved by Councillor Trim, seconded by Councilior Hooper THAT Report PSD-055-07 be received; THAT Council endorse the Terms of Reference for the Green Community Advisory Committee; and THAT the Mayor and Councillor Novak be designated as members of the Green Community Advisory Committee. "CARRIED" Council Meeting Minutes - 18- May 14, 2007 , Resolution # C-273-07 was then put to a vote and CARRIED. Report #2 - Report CLD-019-07 - Confidential Personal Matter , I' Resolution #C-275-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Confidential Report CLD-019-07 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Report #3 as it relates to his Election Campaign Expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Report #3 - Report CLD-020-07 - Compliance Audit Resolution #C-276-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Rules of Order be suspended to allow for introduction of a motion to reconsider Resolution #C238-07 and to pass a motion to appoint a new auditor for the compliance audit of the election financial returns of Mayor Jim Abernethy; and THAT the firm of Deloitte and Touche be appointed to conduct the audit. .CARRIED" Mayor Abernethy re-assumed the Chair. Report #4 - Report of the Solicitor - Legal Matter Resolution #C-277 -07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report #4 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" I""\_____!I ... _ .'__ __ .... . Council Meeting Minutes - 19- UNFINISHED BUSINESS Confidential Report CLD-017-07 regarding a Legal Matter Resolution #C-278-07 Ule " Moved by Councillor Foster, seconded by Councillor Hooper May 14, 2007 THAT Confidential Report CLD-017-07 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" , Resolution #C-279-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT John O'Toole, MPP, Durham be thanked for providing Council with an update from Queen's Park, and THAT John O'Toole be advised that Council looks forward to further updates. Resolution #C-280-07 "CARRIED" Moved by Councillor Robinson, seconded by Councillor Trim THAT Wayne Robbins, Senior Vice President, Ontario Power Generation _ Darlington be thanked for presenting Ontario Power Generation's Annual Update. "CARRIED" Resolution #C-281-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Mary Dunlop and David Bourgeois, Durham Youth Housing Support Services, be received with thanks. "CARRIED" Council Meeting Minutes - 20- May 14, 2007 , , OTHER BUSINESS Resolution #C-282-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Duane Cooke be appointed to the Clarington Heritage Committee; THAT Bill Tanner be appointed to the Clarington Museum and Archives Board as the representative for Ward 1; THAT John Withe ridge be appointed to the Clarington Museum and Archives Board as the replacement for Ward 4; and THAT the appropriate by-laws be passed, "CARRIED" Councillor Novak advised of a recent article in the Toronto Star's GTA Section highlighting Burketon's snowboarding sensation Matt Morison, a young athlete who is aiming for an Olympic Gold medal in the 2010 Olympic Games, Councillor Foster advised he attended the White Cliffe Terrace Retirement Residence rededication of Rick Gay Memorial Park and presented Mayor Abernethy with a Certificate of Appreciation from White Cliffe Terrace and Home Depot. Mayor Abernethy advised he toured an Energy-from-Waste facility in Tampa Bay, Florida recently noting the facility was exceptionally clean and that there was no noticeable odour. He also advised of a forum in Oshawa hosted by the Canadian Autoworkers Union that Members of Council attended, Councillor Novak provided highlights of the CAW Forum noting the focus was on reducing waste to zero by 2020, Resolution #C-283-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting be "closed" to consider a personal matter and legal matters. "CARRIED" The meeting resumed in open session at 9:50 p.m. Council Meeting Minutes - 21 - May 14, 2007 Resolution #C-284-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the actions taken during the "closed" session of Council be ratified. , " "CARRIED" BY-LAWS Resolution #C-285-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-0100 to 2007-104, inclusive, and that the said by-laws be now read a first and second time, "CARRIED" 2007-100 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-86012 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of 18T-86012 (464367 Ontario Limited- Bob Craig) 2007-101 Being a by-law to authorize the execution of a Servicing Agreement between the Corporation of the Municipality of Clarington and D. G. Biddle and Associates Limited for the detailed design and contract administration of Stevens Road capital construction project 2007-102 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Heights Limited) 2007-103 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of S-C-2005-001 2007-104 Being a by-law to designate the property known for municipal purposes as 483 King Avenue East, Part 9, Plan 40R-20610, Part Lot 26, Concession 1, former Village of Newcastle, now in the Municipality of Clarington as a property of cultural heritage value or interest under the Ontario Heritage Act, R.S,O. 1990, Chapter 0.18 Council Meeting Minutes - 22- May 14, 2007 Resolution #C-286-07 Moved by Councillor foster, seconded by Councillor Hooper :.(. " THAT the third and final reading of By-laws 2007-100 to 2007-104, inclusive, be approved. "CARRIED" Mayor Abernethy stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the meeting, CONFIRMING BY-LAW Resolution #C-287 -07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-105 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 14th day of May, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-288-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-105 be approved. "CARRIED" ADJOURNMENT Resolution #C-289-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 9:53 p.m. "CARRIED" MUNICIPAL CLERK MAYOR SUMMARY 01= r.O~~I=!,::pot.Jnl=t.J"J: SUMMARY OF CORRESPONDENCE MAY 28,2007 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 8,2007. (Copy attached) , I - 2 Minutes of the Clarington Museums and Archives Board dated April 11 , 2007. (Copy attached) I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 2, 2007. (Copy attached) I - 4 Minutes of the Clarington Traffic Management Advisory Committee dated April 19, 2007. (Copy attached) I - 5 Minutes of the Central Lake Ontario Conservation Authority dated May 15, 2007. (Copy attached) I - 6 Gordon Lee, Chair, Newcastle Memorial Arena Management Board, thanking Council for approving their Grant Application for 2007, which will enable the Board to continue providing social and recreational activities for both residents of the community and visitors and to assist in directing improvements and added services at the arena. 1-7 Kim Coates, Clerk, Township of Scugog, advising Council that on May 7,2007, the Township of Scugog endorsed the following resolution of the Kawartha Conservation Authority regarding The Clean Water Act: "RESOLVED, that, Kawartha Conservation submit comments on the draft regulations under the Clean Water Act to advocate for two municipal representatives (one Kawartha and one Haliburton) on the source protection committee; and THAT this resolution be copied to the affected municipalities for their consideration and support." Summary of Correspondence -2- May 28, 2007 1_ 8 P. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on May 9, 2007, the Region of Durham passed the following resolution pertaining to the architectural agreement for the design, tender and contract administration of the Clarington Emergency Medical Services Facility: I~ "a) 'THAT the firm ofTotten Sims Hubicki Associates (TSH) be awarded the assignment for the design, completion of the contract drawings and documents, contract administration, site supervision, servicing and site development for the Clarington Emergency Medical Services (EMS) facility in the Municipality of Clarington at a fee not to exceed $80,000 including disbursements (before applicable taxes); b) THAT the Regional Chair and Clerk be authorized to execute the agreement; and c) THAT a copy of Report No. 2007-W-35 of the Commissioner of Works be forwarded to the Municipality of Clarington." I - 9 Kathy Stranks, Manager, Chair and CAO's Office, Toronto and Region Conservation for the Living City (TRCA), advising Council that on April 27, 2007, TRCA passed the following resolution pertaining to The Clean Water Act. 2006: 'THAT the Environmental Bill of Rights (EBR) comments by Toronto and Region Conservation Authority (TRCA) in Attachment 1 be endorsed; THAT the comments be forwarded to Conservation Ontario and provided to the chair and mayors of the CTC (Credit Valley Conservation, Toronto and Region Conservation Authority and Central Lake Ontario Conservation Authority) watershed region municipalities; AND FURTHER THAT TRCA, on behalf of the CTC watershed region, advise the Ministry of the Environment directly of our comments after consideration of the consolidated comments to be prepared by Conservation Ontario." Summary of Correspondence -3- May 28, 2007 1- 10 Cheryl Tennisco, Committee Secretary, Clerk's Department, Regional Municipality of Durham, advising Council that on April 25, 2007, the Durham Region Transit Executive Committee passed the following resolution pertaining to revisions to the Durham Region Transit Advisory Committee Terms of Reference and appointment of members: :1' "a) . i) THAT membership for the Durham Region Transit Advisory Committee (TAC) be expanded to include two representatives from the Region of Durham's Accessibility Advisory Committee; and Ii) THAT as per the direction of the Accessibility Advisory Committee, at their meeting held on April 24, 2007, the following two nominees from the Accessibility Advisory Committee be appointed: Roberta Atkinson; and - Mary Sutherland.; b) THAT Sections 2.1,2.2,2.3,2.4,2.5,2.8,2.10 and 2.11 of the Terms of Reference for the Durham Region Transit Advisory Committee (TAC), as outlined in Report 2006-DRT-19 approved by the Durham Region Transit Commission on May 10, 2006, be revised to reflect the delegation of responsibility for TAC to the Durham Region Transit Executive Committee (Executive Committee); c) THAT Section 2.4 of the Terms of Reference be further revised to: i) increase the memberShip on TAC to eighteen (18) members to reflect the addition of two representatives from the Region of Durham's Accessibility Advisory Committee; ii) provide for a quorum for T AC meetings to consist of half of the sitting TAC (voting) members plus one; iii) change "Durham Access Committee (DAC)" to "Disability Action Committee (DAC)"; Iv) change UOIT/Durham College's "Student Activity Council" to "Student Association at Durham College, UOIT (SA); and v) provide for the appointment of members to coincide with the four year term of Regional Council and until such time as new appointments are made; Summary of Correspondence -4- May 28, 2007 d) THAT Section 2.5,1 of the Terms of Reference be revised by removing the words "In the event that an expression of interest is not received by an area municipality, Durham Region Transit will increase the number of Members at Large nominated for appointment by the Commission to achieve full representation of sixteen members" and replacing them with the words "Should a municipality not receive an application for appointment to T AC, then the appointment for that municipality will remain vacant for the Committee term."; e ) THAT Section 2,8.1 of the Terms of Reference be amended by removing the words 'TAC will establish a bi-monthly meeting schedule" and replacing them with the words 'TAC meetings will follow a six-week cycle with a break for summer recess."; f) THAT the following appointments to TAC be approved and confirmed for this Term of Council and until such time as new appointments are made: h) i) Student Association at Durham Colle e, UOIT SA Durham Region Transit Commission Chair or Desi nate A ointment: Ca n Antram Robert Weafer Arthur Jennin s Paul-Andre Larose Trac Paterson Penn Pe iece Druce Ayres Mar aret Reane Fraser McArthur g) THAT Heather Holdgate and Adrian Lambert be appointed as Members at Large; h) THAT all successful nominees be advised of their appointment to the 2007-2010 term of TAC; and i) THAT a copy of Report 2007-DRT-05 be forwarded to the Area Municipalities for information," Summary of Correspondence - 5- May 28, 2007 I - 11 Martha A, Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on May 14, 2007, the Town of Ajax passed the following resolution pertaining to self-serve gas s~tions: "THAT correspondence from the Municipality of Clarington be forwarded to the Accessibility Advisory Committee for review and recommendation. " , 1-12 Kim Coates, Clerk Township of Scugog, forwarding correspondence to the Honourable Stephen Harper, Prime Minister of Canada, advising that the Council of the Township of Scugog, at a meeting held May 14, 2007, adopted the Municipality of Clarington's resolution regarding accessibility at self serve gas stations. I - 13 The Honourable John Gerresten, Minister of Municipal Affairs and Housing advising that sections of the Municipal Statute Law Amendment Act, 2006, concerning closed meeting investigators and adoption of policies will be proclaimed into force on January 1, 2008. These sections were delayed at the request of stakeholders in the municipal sector to provide municipalities with an opportunity to develop polices required for notice, delegation of powers and sale of land and to prepare for investigation of complaints regarding closed meetings. CORRESPONDENCE FOR DIRECTION D - 1 Councillor Robinson, requesting permission to close the Bond Head Parkette on July 1, 2007, from 6:00 p.m. to 11 :00 p,m. for the second annual fireworks display sponsored by Kaitlin Development. (Motion to approve request) D - 2 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, advising of the appointment of Rose Turner, Barbara Patterson and Jan Moffatt to the Board of Management to fill vacant seats on the Board, (Motion to appoint and the appropriate by-law be passed) D - 3 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2007 Heritage Community Recognition Program by submitting nominations of individuals or small project groups for recognition in the categories of preservation of built, cultural or natural heritage or heritage garden conservation; Lifetime Achievement (period of 20 to 24 years) or the Lieutenant Governor's Ontario Heritage Award (period of 25 years or more) and advising the nomination deadline is August 3, 2007. (Motion to refer correspondence to the Municipal Clerk to place a notice in the local newspapers) Summary of Correspondence -6- May 28, 2007 D-4 Patti Ashbridge, Program Assistant, Heart & Stroke Foundation - Durham Region Office, requesting permission to hold their annual Heart and Stroke Big Bike fund raising Event on Monday, June 18, 2007, from the host site at Kelsey's Restaurant, enclosing the route map and advising road occupancy permits have been applied for, a police escort has been arranged, and liability insurance coverage is in place. (Motion to approve provided the organizer's apply for and obtain a Road Occupancy Permit) J. n' . D - 5 Andrew Reefer requesting permission to hold a fireworks display on June 2, 2007, at his residence in Bowmanville, as part of a family birthday celebration. (Motion to approve provided the fireworks are set off by an individual of at least 18 years of age) D - 6 Marlaine Koehler, Executive Director, Waterfront Regeneration Trust, extending an invitation to Council to attend "The Trail Ahead" Waterfront Conference and Trail Ride on September 19 and 20, 2007, forwarding a copy of the new Mapbook of the Waterfront Trail and Greenway detailing the Waterfront Trail from Niagara .to Quebec along the Canadian Shores of Lake Ontario and the St. Lawrence River and requesting Council to proclaim September 20, 2007, as "Waterfront Trail and Greenway Day". (Motion to Proclaim) D - 7 Martha A, Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax, at a meeting held May 14, 2007, passed the following resolution: "WHEREAS necessary changes to the Town of Ajax ward boundaries and possible changes to Council composition for the 2010 regular municipal elections are affected significantly by the number of Town of Ajax representatives on the Council of the Regional Municipality of Durham; and 'WHEREAS 2006 Statistics Canada Census population statistics for Durham Region and the Regional Municipality of Durham's own population forecasts indicate that the current composition of Region Council is not representative of the populations in the Region's lower- tier municipalities; and WHEREAS the Town of Ajax has the highest population per Region Council member in the entire Region; Summary of Correspondence -7- May 28, 2007 BE IT RESOLVED THAT the Council ofthe Regional Municipality of Durham undertake immediately a review of census information and population forecasts and initiate the process required to approve changes to the composition of Region Council as outlined in the Municioal Act. 2001, as amended; and, THAT, to'allow lower-tier municipalities to complete their own reviews :V and approve council composition and/or boundary changes by December 31, 2009 in order that all desired changes will be in effect for the 2010 regular elections, any changes to the composition of the Council of the Regional Municipality of Durham be approved no later than December 31, 2008; and, THAT the Region's review be guided by a committee comprised of the Region Chair and Mayors, or their designates; and, THAT, commencing with the 2010 regular municipal elections, Option 2 in appendix 'B' to this report be recommended as the preferred composition of the Council of the Regional Municipality of Durham, THAT the Region of Durham adopt a policy requiring a review of Council representation and composition immediately following the publishing of the comprehensive national census population statistics every ten years; and THAT all Durham Region municipal councils be requested to endorse this resolution." (Motion for Direction) D - 8 Confidential correspondence regarding a legal matter. (Copy attached under separate cover) (Motion for Direction) 1-1 Draft minutes - Not vet approved bv Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY MAY 8, 2007 AT 7:00 P.M. Present: (Voting) David Best Jim Cleland Joe McKenna Karin Murphy Jim Richards-Vice Chair John Stoner-Chair Arthur Burrows Jim Kamstra Kerry Meydam Brian Reid Dan Stanoi Councillor Willie Woo Also Present: Jennifer O'Donnell (Non-Voting) WarrenMay(MNR) Peter Windolf Absent: Greg Wells (GRCA) 1. Agenda Additions Future planting projects, a portable toilet, benches, and lookout signage will be discussed in 'Other Business', Acceotance of Agenda MOVED by Joe McKenna, seconded by Arthur Burrows THAT the agenda for May 8, 2007 be accepted. CARRIED 2. Minutes of April 10, 2007 Corrections There were no corrections to the minutes. Aoproval of Minutes MOVED by Kerry Meydam, seconded by Karin Murphy THAT the minutes of April 10, 2007 be approved. CARRIED 3. Issues arising from the Minutes There were no issues. 4. Sub-Committee Updates Site Maintenance The Site Maintenance Sub-Committee will be picking up garbage during the site tour following the regular meeting, Some t-bars have been removed from trees and placed in front of the birdhouse, The Committee will keep them as they may be useful for future Pro; eco:t,s. 'oJ l't' Communications The Communications Sub-Committee met on April 25th to consider possible projects they could implement. Some of the topics they discussed were: . finding sponsors for the newsletter . formatting the newsletter to pdf for easier and wider circulation . creating a 3-panel brochure for distribution . a Power Point presentation to be shown to schools or potential sponsors They also spoke about holding a special event in mid-June. The Sub-Committee will discuss prospective themes for the event further. Municipal staff will create a PowerPoint presentation to be reviewed with the Committee at a future meeting. 5. Updates Kiosk Update The sign graphics have been finalized and approved and are with Page Graphics. The construction and installation ofthe kiosk sign will be done in conjunction with the Lion's Memorial Forest sign, which is also being done by Page Graphics. Taxis Contracting should be completing the stone work on the columns this month. The Site Maintenance Committee will place limestone screenings around the base of the kiosk once the restoration work is completed by the contractor. DEAC Awards Recention The awards reception takes place on Thursday May 10. Kerry, Joe, Karin, Jim R., and John have all been confirmed as attending representatives of the Committee. Viewing Machine Vandalism The lens cover and some of the internal mechanisms of the viewing machine have been damaged by vandals, Hi-Spy, the supplier of the viewing machine, has provided a quote for its repair. They will be given authorization to proceed with the repairs. St. Stenhens Planting Proiect In mid April a teacher from St. Stephens Catholic High School approached the Municipality with a request to participate in a planting project. Despite the short notice a planting project was arranged for the Foster Meadow. On Tuesday May 1st, approximately 25 students, two teachers, and five Committee members planted 125 bare root trees. A thank you letter will be prepared for St. Stephens's high school. Evergreen Grant Oonortunities John attended a two-evening seminar run by Evergreen on fundraising. Each session was three hours in length. Participants learned about ways to access funding for environmental projects and made contacts with other like minded organizations. John will prov;,lie the reference material he picked up at the event. 1,1" Bridge Abutment Renairs Totten Sims Hubicki has drawings ready for tender, Before tendering TSH will get final comments from GRCA. The project is progressing, with a July 1 construction start anticipated. 6. Other Business Future Planting Proi ect The possibility of doing a large-scale tree planting was discussed. The funding for such a project could possibly come from an MNR grant or a stewardship account of the Municipalities Planning Department. The Committee would need to find enough volunteers to undertake such a project. Potential planting areas could include the Wilmot Meadow, the Lake Meadow and the Foster Meadow. A tree planting could be scheduled in the fall as a special event. Different vegetation zones and wildlife habitats are desirable to maintain at the SWNA so all of the former agricultural lands should not necessarily be reforested, Benches Residents of the Wilmot Creek community would appreciate more benches along the trails, especially the Lake Meadow Trail. Replacing the bench that that was removed due to vandalism on the east side of the SWNA is also a priority, If funding becomes available additional benches can be purchased. The status of our remaining Capital funding will be much clearer once the bridge abutment project is awarded, Sil!DS for Viewing Platforms The viewing platform locations are not easily seen from the trails. Signs at the entrance points to the platform could help visitors to the SWNA find the platforms. Two directional signs (one for each platform) will be ordered. Portable Toilet The committee requested that a portable toilet be installed at the Cobbledick parking lot. The SWNA is becoming a very well used nature park. Visitors can spend hours on site walking the trails. There is no other public or private washroom facility available in the area. It was noted by some members that other large municipal parks in Clarington have portable toilets. It was agreed that the request has merit and should be passed on to the Operations Department. ," Adjournment: 8:45 P,M. Next Meeting: Tuesday June 12, 2007 7:00 p.m. Meeting Room lA Notes prepared by J. O'Donnell ; I' Present: Regrets: Staff: Guest: CLARINGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES April 11, 2007 Sarah Jane Williams Heritage Centre 62 Temperance Street Bowmanville, Ontario K. Isnor S. Laing M. Carlton P. Ford B. Colville J. Rook J. Richards J.Murray Mayor Abernethy Councillor Robinson M. Rutherford Conrad, Administrator M. Home, Recording Secretary W. Tanner, Volunteer, Clarington Museums and Archives 1. CALL TO ORDER The meeting was called to order by the Administrator at 7: 10 p.m 2, ADOPTION OF AGENDA 1-2 1-2 The Chair advised he wished to add an addition to the agenda, under New Business, item c) and that 4b) Business Arising would be heard before 4a). Moved by: J. Richards Seconded by: S. Laing THAT the amended agenda be approved. MOTION CARRIED DRAFT 3, APPROVAL OF MARCH 7, 2007 MINUTES Moved by: J. Richards Seconded by: B. Colville , ,.. . THAT the minutes of the March 7, 2007 Board Meeting be approved with the amendment deleting the name ofM, Carlton from those present at this meeting. MOTION CARRIED 4. BUSINESS ARISING: b) Priority #1 Budget Request: Discussion was held regarding the budget request and the recent decision of Council to change the position type to part time. Concern was identified about the ability to attract the appropriate person to the job if it is listed as a part time position. The Administrator advised that with the approved Council funds and a delayed start date of June 1, 2007, the Board could afford to hire a full time position. Board requested that Administrator review business plan with Treasurer of Municipality for input. a) By-law Review: A copy of the latest proposed By-law was distributed to the board. Moved by: J. Richards Seconded by: J. Rook THAT the Administrator inform the Municipality that the board has received the amended proposed By-law and will include it in the agenda for the May board meeting. MOTION CARRIED c) EHT Premiums: The Administrator advised that the Ministry of Revenue has ruled in favour of the Museum being a separate entity from the Municipality ofClarington. As such, the Museum submits EHT premiums at a lower rate than the Muncipality due to the amount of remuneration paid to their employees. The museum will be reimbursed for the amounts submitted in excess of what they owed retroactive to 2003. The Administrator is working with Municipal payroll staff to rectify these amounts. DRAFT ,J. l~' .' S. CORRESPONDENCE: Moved by: S. Laing Seconded by: J, Rook TIfA T the correspondence be accepted. MOTION CARRIED 6. COMMITTEE REPORTS:, a) Finance Committee: The Finance Chair provided handouts to the board members and discussion was held. Moved by: B. Colville Seconded by: M. Carlton THAT the Administrator be authorized to move the accounts to another financial institution in order to save funds. MOTION CARRIED Moved by: S. Laing Seconded by: J. Richards , TIfA T the Administrator be authorized to change the telephone system to Rogers if analysis shows savings could be realized. MOTION CARRIED Moved by 1. Richards Seconded by: B. Colville TIfA T the Finance Committee Report be accepted. MOTION CARRIED 7. ADMINISTRATOR'S REPORT: The Administrator advised that Pioneer Day will be held at the Clarke Museum on April 16. The Medieval exhibit at Sarah Jane Williams Centre was very successful, a very busy time for staff and greatly received by the school programs. As well, the Administrator stated that every weekend is booked in the immediate future including outreach programs. The Board of Directors Open House is scheduled for May DRAFT 19th, This will coincide with the opening of the exhibit "Things Unseen" at the Sarah Jane Williams Heritage Centre and prQJ;nises to be a prestigious event. May 26 is the museum's annual Garden Party, or plant sale, The Administrator has applied for a total of six positions for summer students. A statistics sheet was passed to the board members with a detailed analysis of usage of the museum services by visitors. Moved by: M, Carlton Seconded by: J. Rook THAT the Administrator's Report be accepted. MOTION CARRlED 8. NEW BUSINESS: a) System Updates: Moved by: S. Laing Seconded by: J. Richards THAT the Administrator advise the Municipality regarding the use of$12,000 from the Sturch Estate as per the approved 2007 budget for the purpose of purchasing office equipment upgrades. MOTION CARRIED Moved by: S. Laing Seconded by: P. Ford THAT the Administrator be authorized to purchase the equipment listed on the Summary of Systems Plan. MOTION CARRIED b) Kirby Church Request: B. Colville reported on the Kirby Church, stating that the trustees require funding from the monies collected for the church move project to complete to the year ending December 31. These funds are required for potable supplies, Ontario Hydro as well as a UPI fuel bill, totaling $1,013.00. Moved by: S. Laing Seconded by: p, Ford THAT the Administrator be directed to pay the $1,013. to the trustees of the Kirby Church for heat, water and hydro from the Kirby Church Project, MOTION CARRIED DRAFT c) Personnel Issue Moved by: J. Richards Seconded by: J. Rook THAT the Board of Directors move IN CAMERA, MOTION CARRIED The Board moved in camera at 8:50 p.m. Moved by: J. Richards Seconded by: B. Colville THAT the Board move OUT OF CAMERA. MOTION CARRlED Moved by: S. Laing Seconded by: J. Rook THAT the motion in camera be ratified. MOTION CARRlED 9. DATE AND PLACE OF NEXT BOARD MEETING: The next meeting of the Board of Directors of the Clarington Museums and Archives will be held MAY 9, 2007 at the Sarah Jane Williams Heritage Centre, at 7:00 p.m. 10. ADJOURNMENT: Moved by: B. Colville THAT the meeting adjourn at 9:45 p.m. DRAFT CLARINGTON ACCESSIBILITY ADVI~nRV r.nMMITT~~ 1-3 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE MAY 2,2007,6:00 P.M. MEETING ROOM #1A Present: ,I',', I David Kelly, Chair Keith Brettell Tirn Hick Norman Hannan Darlene Matthews Absent: Sally Barrie Councillor Ron Hooper Also Present: Patti Barrie, Municipal Clerk 1. ADOPTION OF MINUTES Moved by Keith Brettell, seconded by Darlene Matthews THAT the minutes of the meeting held on April 3, 2007 be approved. "CARRIED" 2. ITEMS ARISING FROM THE MINUTES a) Sensitivity Training Plans are in place for the sensitivity training to be held on May 10 and 17. An information report was presented to the General Purpose and Administration Committee advising of the training and inviting all members of Council to attend. b) Sidewalk Contraction Joints The resolution passed by the Committee at their April 3 meeting regarding sidewalk contraction joints was endorsed by Council on April 30. c) Conversion of Gas Stations The resolution passed by the Committee at their April 3 meeting regarding the conversion of gas stations was endorsed by Council on April 30. Advisory Committee Clarington Accessibility Advisory Committee -2- May 2, 2007 3. NEW BUSINESS , , a) City of Oshawa - Residential Property Tax Grant Program for Low Income Seniors and the Disabled At the Joint AAC meeting held on March 27, 2007, the City of Oshawa indicated that they had just recently implemented a tax rebate program for individuals with disabilities, A copy of the City's report was circulated to the Committee for information and has been forwarded to the Treasurer for comment. b) Accessibility Forum - May 7,2007 The Committee members advised that they are unable to attend the Accessibility Forum being hosted by the City of Oshawa on May 7, 2007. One ticket will be purchased for Patti Barrie to attend. c) 2007 Accessibility Plan The areas that the Committee would like to focus on for 200712008 are departmental audits, handicapped parking and building relationships with the BIAs to assist them with planning for special events. 5. DATE OF NEXT MEETING The next meeting is scheduled for June 6,2007. 6. ADJOURNMENT Moved by Keith Brette II , seconded by Tim Hick THAT the meeting be adjourned. CARRIED The meeting adjourned at 7:30 p.m. Chair Secretary , 'I'-lrinntAn 1. - 4 Cl~glOn 1-4 Approved bv committee members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARlNGTON Minutes of Meeting Thursday, April 19, 2007 ,. .p:' PRESENT: Clayton Morgan (Chair) Councillor Adrian Foster Gord Lee Georg Krohn Barbara Montague Lisa Robinson Shane Monis (Vice-Chair) Gillian Bellefontaine Andrew Bouma Kerry Meydam David Reesor Elwood Ward ALSO PRESENT: Tony Cannella, Director of Engineering Services Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Keith Richards Stuart McAllister, Road Safety Co-ordinator, Durham Region Donna Van Schyndel, Recording Secretary REGRETS: Alexander Lyall The meeting was brought to order by Tony Cannella to facilitate the elections of Chair and Vice-Chair. 1.0 WELCOME & INTRODUCTIONS-(Tony Cannella) Tony welcomed everyone and each member introduced themselves and discussed their background and interest in the group, Tony explained that the Clarington Traffic Management Advisory Committee was created by Council to ensure that the community has an opportunity to provide their input into broad-based traffic management issues. 2.0 ELECTIONS FOR CHAIR & VICE CHAIR OF COMMITTEE According to the Committee's constitution the voting members shall review the position of Chairperson and Vice-chairperson each year. At the first meeting of the new year the voting members shall elect from their number a Chairperson and Vice-chairperson to serve for the coming term. Distribution of information packages · Meeting schedule for 2007 · Member contact list-draft CTMAC Minutes 2 April 19, 2007 . Committee constitution . Protocol-Appointed Advisory Committees , , Tony discussed the mandate of the Committee as outlined in the Committee Constitution and went over the Protocol for Council Appointed Advisory Committees, highlighting member responsibilities and obligations. , Members were encouraged to read the information contained in the package at their leisure. Ifthere are any enquiries or concerns they should bring them to the next meeting. Tony proceeded to conduct elections to appoint the CTMAC Chair and Vice- chairperson. Election of Chairperson First Nomination: David Reesor nominated Clayton Morgan as Chairperson; Shane Morris seconded. Second offer to nominate: There were no nominations. Third offer to nominate: There were no nominations. A show of hands showed that all were in favour of the first nomination and Clayton Morgan accepted the position of Chairperson. Election of Vice-Chairperson First Nomination: Clayton Morgan nominated Shane Morris as Vice- Chairperson; Barbara Montague seconded. Second offer to nominate: There were no nominations. Third offer to nominate: There were no nominations. A count of hands showed that all were in favour of the first nomination and Shane Morris accepted the position of Vice-Chairperson. Once the elections were concluded the meeting was then turned over to the Chair, Clayton Morgan. Clayton welcomed everyone and advised the members that he was confident that they would enjoy being part of the Committee, He explained that everyone should get involved and participate by attending regularly. Clayton mentioned that if members were unable to attend the meetings they should contact Dorma Van Schyndel (recording secretary) to inform her of their absence. He also stressed the importance of raising hands and stating the member's name when moving, seconding motions or taking turns speaking about issues. The Chair will do his best to have the meetings finished by 9:00 p.m. 3.0 ADOPTION OF MINUTES-(September 21, 2006) The following motion was proposed; CTMAC Minutes 3 April 19, 2007 THAT: "The minutes of the September 21,2006 meeting are approved without changes." MOVED: by Gord Lee; SECONDED by Andrew Bouma. CARRIED 4.0 ITEMS FOR INFORMATION , 4.1 Road Watch-(Gord Lee) The Road Watch Committee has created a new brochure, and purchased a new computer as well as a printer. Last week they provided both the Durham Regional Police and Municipal vehicles with Road Watch decals. Offences processed to date - (January to April 15th, 2007) - 23 in total, Interestingly, 14 of the 23 processed, were received through the Durham Regional Police Services website. Although there were 22 collected from the drop boxes, a number of them had incorrect information and were not able to be processed. Gord Lee, Chair of the Committee advised the group that when someone receives their first offence a letter is issued, 2nd offence a phone call from the Durham Regional Police Services takes place and with the 3rt! offence there is a personal visit from the police. Re- offenders are usually people who frequent the same route. Currently there are 7 Road Watch volunteers. Volunteer hours for the first three months of this year was 45 hours. With the small amount of complaints that are flowing from the drop boxes, the group is going to try a direct mail sampling with a covering letter and brochure. They will be mailed to two smaller communities (Enniskillen and Hampton), as a test area to see if they have a change in replies. In addition, an email was sent to Tim Kelly at Clarington This Week asking for a meeting with him to arrange for newspaper coverage. It was suggested by Committee members that the Road Watch Committee should attend the 175th Anniversary Orono Fair being held the last week in June. Road Watch is hoping to go on-line in the near future to report all incidents rather than using the drop-box method which would prove more cost effective. 4.2 Traffic Watch Update-(Ron Baker) Ron updated the new members regarding the radar gun with a radar message board that was purchased 5 years ago. Members of the public were encouraged to use it and educate neighbours; however, residents CTMAC Minutes 4 April 19, 2007 were reluctant to use it. To supplement the program a retired police officer was hired by the Municipality, who records license plate nwnbers ofviolators and this information is sent to Durham Regional Police and has proven to be very successful. II.' 'j!,' In addition to the larger radar message board, there is another smaller hand-held unit and residents seem more comfortable using it. Both units are useful and when put to use people often find that motorists are not actually speeding. Ron Baker from the Engineering department (905) 623-3379 (extension 403) can be contacted to sign out the radar guns. 4.3 Highway 407 Update-(Leslie Benson) Leslie Benson brought the new map (draft) that is currently being distributed to residents outlining the short list of proposed routes for the 407 Highway, which is still in the environmental assessment stage. Totten Sims Hubicki is the main consultant for this project and it was they who developed the criteria which takes into consideration such things as the natural environment, social environment, land use and economics, cultural environment and technical considerations. Leslie predicts that it will be late 2008 before the final route determination is made. It was suggested that for detailed information the website can be visited at: www.407eastea.com 5.0 AGENDA ITEMS FOR DISCUSSION There were no items for discussion at this meeting. Clayton spoke about the history of the Committee and stated that the Committee started as a traffic calming committee and included road safety as part of the vision. The name was changed to Clarington Traffic Advisory Committee which is an advisory committee to Council. CTMAC Agenda Format Items on the agenda are usually referred by the Engineering Department; however, Council may refer issues after receiving a delegation along with individual Councilors referring items. Personal issues are not discussed. CTMAC Minutes 5 April 19, 2007 Item 6 of the CTMAC Agenda-New Business at Direction of Chair Each member will have a chance to speak at each meeting and bring i~sues to the group where they will be able to discuss them in greater detail. 6.0 NEW BUSINESS AT DIRECTION OF CHAIR , ,. Value of Committee Councillor Adrian Foster mentioned that the input of the Committee is very valuable and he extended his appreciation to all members, Claret Street/4-wav Stop-Courtice A four-way stop has been approved by Council and should be installed this summer. Solina Road & Nash Road Intersection-Bowmanville Ron Baker advised that there will be studies conducted at this site. Nash Road & Green Road Intersection-BowmanvilJe. Constable Keith Richards explained that the Nash and Green Road intersection has not caused any problems and he couldn't recall any collisions, Speed is not an issue according to the Durham Regional Police, therefore, he didn't feel that installing an all-way stop was necessary. The police have set up radar on Green Road previously and the volume of traffic did not justifY the time spent in man hours. He mentioned that anyone can borrow the radar gun from Ron Baker if they would like to record speeds on this road. Hampton Public School When children are crossing Old Scugog Road there are no lines for them to cross. The general store generates extra traffic in this area and residents have been trying to come up with a solution for quite some time. A parking lot has been put in at this location which should alleviate parking on the street. Gord Lee will make the Committee aware of the fact that there are no Road Watch brochures at the general store. Constable Keith Richard recalls one collision at this site; but it was not a collision that would have been prevented by an all-way stop. CTMAC Minutes 6 April 19,2007 Bicycle Lanes If residents want an issue such as bicycle lanes dealt with it would be best if they form a delegation and go through Council. Once it passes through Council then it would be referred to the Traffic Committee for members to look for solutions. !l " 'Svrnotoms vs. Solutions Andrew Bouma thought that the committee should look at identifying symptoms rather than solutions might work out to be very constructive. Areas of Concern Some areas of concern with regards to speeding were, Firwood Avenue and Devondale Street in Courtice, Ochonski Road in Orono and Highway 2 from Ovens Road, east to Newtonville. The speed was reduced from 80 to 60 KPH and people are still speeding. Highwav 2 & Regional Road 57-Bowmanville Stuart McAllister, from the Region, stated that this area was one of the intersections that would be considered a high safety problem. The long term intent is to shrink the intersection down to a typical urban intersection to controi speeds. This will tie in with the widening of Highway 57 and at that time the Region can re-engineer Highway 2 and 57. The majority of collisions are left turns (east to west). Keith Richards advised that enforcement is regular at this location. Simoson Avenue and }(jng Street Countdown Light-Bowmanville Clayton Morgan visited this set oflights and found it difficult to make it across the street before the light changed. This was an issue that was brought up at the September 2006 meeting and should be re-addressed by the Region. Port Granbv Bridge According to Clayton Morgan who visited this bridge, it has been broken for approximately 3 years after a bus came into contact with it. The railing is broken and a pipe is hanging down. This is a safety issue and it needs immediate attention. Tim Horton's at Baseline Road and Libertv Street-Bowmanville Stuart McAllister advised that the Region will work co-operatively with TDL Limited (owner of Tim Horton's) to revise the site plan which should alleviate the ""ll"'l"~."n "",.........1"......... ~l-.n~ ...u_..._.l.. __.~......_ T..._ " CTMAC Minutes 7 April 19, 2007 queuing problem that currently exists. It was discussed that if the stores were reversed inside the problem would be alleviated, Tim Horton's at Centerfield Drive and Highwav 2-Courtice " This site has queuing problems at certain times of the day but they are short in duration. , Trolls Road and Pebblestone Road-Bowmanville The four-way stop at this intersection will be installed in May. Good Sheoherd Catholic Elementary School-Courtcie Kerry Meydam will contact the school regarding the response to an email that Ron Baker is waiting for, Concession Road 8-Cables Missing-Leskard An all-way stop was installed in Leskard on Concession Road 8. Concession Road 8 also had replacement wood posts to stop vehicles from driving over the embankment. Barbara Montague advised that the Operations department was contacted and stated that there is no funding for cables. She let them know that people have driven through the posts and feels that if there were cables installed it would stop vehicles from going completely through the posts, Leslie Benson will look into this matter. Best Road-Orono A new street light was installed which has proved to be quite beneficial. Due to the low volume of traffic at this location, stop lights will not likely be installed. Another light should be considered. 7.0 NEXT MEETING DATE May 17, 2007-7:00 P.M.-Committee Room IC-Enter via Municipal Administrative Centre, 40 Temperance St. Bowmanville, through the north door on Church St. (Library entrance doors). 8.0 ADJOURNMENT MOVED by; Andrew Bouma. THAT: "The meeting be adjourned at 9:00 P.M." MINUTES NO.4 T . - . "'nT L,:J Ml.l =25135 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY ,. '", MINUTES NO.4 AUTHORITY MEETING Tuesdav. Mav 15.2007.. 5:00 P.M. fr'-D'''' '.:: ' , MEETING LOCATION: lOOWHITINGAVENUE,OSHAWA 't:':. ~UH01'i '" AUTHORITY'SADMlNISTRATIVEOFACE,BOARDROOM, CI Uh/~ i Present: I ACl(. r ~ i _~" B. Nicholson. Vice Chair I OFF' , . ~~:::= tE' p~~:---T~:J ~.<;:"';;per ..--..'.. i ------4 R. Johnson r .'''''''. :..._.....--/ D. Mitchell r ' ___j"_ ..'.__ J. Neal I -.----r......--1 M.Novak I' '__.._'. '.1 ~.:.;.,~: t_ -=-1__ " .f< r f\OJ:~.~_ . 1-5 J.R. Powell. Chief Administrative Officer D. White, Director. Corporate Services H. Brooks. Director. Watershed Pianning & Natural Heritage G. Geissberger. Community Outreach CoordinatOr R. Hersey, Director, Development Review & Regulation M. Hrynyk. General Superintendent P. Lowe. Director. Watershed Stewardship "'Community Outreach P. Sisson. Director. Engineering & Field Operations G. Soo Chao. Director. Groundwater M. Stauffer. Administrative AssistanllRecording SecretaJy Absent: G.Emm.Chair A. FOSler . The Vice-Chair called the meeting to order at 5:02 p.m. The Vice-Chair presented a Certificate of Appreciation from the Oshawa Hospital Foundation for a donation made on behalf of CLOCA to the Durham Regional Cancer Centre. ' DECLARATIONS of interest by members on any mailer herein contained _ NONE ADOPTION OF MINUTES Res. #43 Moved by A. Cullen Seconded by I. Neal THAT the Authority minut.s of March 20, 2007 b. adopt.d os circulat.d. CARRIED DIRECTOR, GROUNDWATER (I) Staff Report #4654'()7 (attached as Schedule 3.1 to 3.10) Clean Water Act Regulations Res. #44 Moved by I. Drumm Seconded by A. Cullen THA T Stoff R.port #4654-07 b. rtc.i..d for information. CARRIED AUTHORITY MEETING - MAY 15,2007 - PAGE 2 DIRECfOR, DEVELOPMENT REVIEW AND REGULATION (I) Staff Repon #4656-07 (attached as Schedule 4-1 to 4-4) Applications for Development, Interference with Wetlands and Alteration to Shorelines aM Watercourses - March I to April 30, 2007 D, Mitchell arrived at 5:05 p.m. Councillor Neal iplIuired about Permit 007 -041-GB. Robert Hersey, Director of Development Review & Regulation, stated that a permit has been i.~lied by CLOCA, a City of Oshawa building permit is also required as well as a cenificate of approval may be required from the Ministry of the Environment Res. #45 S. Crawford and R. Johnson arrived at 5:07 p.rn. Res. #46 (2) Moved by M. Pearce Seconded by R. Hooper THAT the attached applications be approved and the respective permits be issued. CARRIED Moved by J. Neal Seconded by M. Novak THAT stiif.f be directed to provide more information on Permit 007-041-GB and report back to the Board. CARRIED StaffRepon #4662-07 (attached as Schedule 4-5 to 4-12) File No,: C07-077-GBFH ApplicantlOwner:Vincent D'Cruz Application: to demolish an existing single family dwelling and to replace it with a new single family dwelling on a flood proofed concrete foundation and a new septic system Location: 105 Cedar Crest Beach Road, Bowmanville Pan of Lot 12, Broken Front Concession, Clarington (former Darlington) M. Novak inquired about retaining walls on the shoreline to provide erosion hazard protection. Robert Hersey stated that the proposal is in keeping with historical approvals for this area and that prior to issuance of a permit the owner will enter into a Save-Harmless Agreement. Discussion ensued. Res. #47 Moved by J. Drumm Seconded by A. Cullen THAT the application be approved subject to the fou.,wing conditions: ], The project slulU generaUy be carried out in accordance with the plans and specifications submitted in support of the applicalWn, as they ITUJY be amended by the fou.,wing conditions. 2. The applicant agrees to instaU and lTUJintain all sedimentation conlrola as directed by Authority staff. 3. All disturbed areas shall be seeded, sodded or, stabi/ir.ed in some other manner acceptable to the Authority. 4. The applicant agrees to maintain all existing drainage patterns. S. No openings, doors, windows or otherwise shall be permitted below 77.05 m or 252.8 feet. 6. A Professional Engineer slulll provide confirmation in writing, tlult the plans, design and construction drawings submitted in support of the application will withstand anticipated horizontal and vertical hydrostatic pressures acting On the structure as per Ontario Building Code Section 2.1.1.13. 7. A certified Ontario Land Su",e10r (O.LS.) is to confirm and provide documentation in writing tluJl the finished floor elevation of the proposed dweIDng and all minimum openings (i.e. windows, doors, or otherwise) to both the dwelling and foundation have been constructed above 0 minimum opening elevation of 77.05 m or 252.8 feet. 8, A Professional Engineer slulU provide written verification that the works were completed in accordance with the approved pwns, prior to the expiry of the permit. 9. Prior to the issuance of a permit, the owner agrees to enter into a Save-Harmless Agreement with the Authority, to be registered on title at the owner's expense. CARRIED AUTHORITY MEETING - MAY 15,2007 - PAGE 3 DIRECTOR, ENGINEERING AND FIELD OPERATIONS (I) Staff Report #4661-07 (attached as Schedule 5-1 to 5-4) Annual Updating of Generic Regulation Mapping Res. #48 Moved by M. Pearce Seconded by S. Crawford THAT SIiJff Report #4661-07 be received for informalion; THAT the submitted Regulation Mapping Updates be endorsed and accepted for implementation of CWCA Regul4tion 42/06, Regu/4/ion of Development, Interference with Wetl4nds, and Alterations to Shorelines and W'ltiercourses; and, THAT this report and recommendation be forwarded to the Conservation OnlDrio Regul4tion Peer Review Commiltee and the Ontario Ministry of Natural Resources. CARRIED DIRECTOR, CORPORATE SERVICES (I) Staff Report #4653-07 (attached as Schedule 6-1 & 6-2) Funding Approval- Natural Spaces Land Acquisition and Stewardship Program Res. #49 (2) Moved by M. Novak Seconded by A Cullen THAT SUlJl Report #4653-07 be received for information; THAT the HeriUlge Conservation Easement Agreement be approved and that staff be authorized to sign the agreement for properties at the Enniskillen Conservation Area where the OnUlrio HeriUlge Trust has provided portialfunding; and, THAT the Easement Agreement be registered on lith. CARRIED Staff Report #4659-07 (attached as Schedule 6-3 statements & letter previously circul4ted to members & staff) 2006 Audited Financial Statements and Auditor's Management Letter J. Gray arrived at 5:14 p.rn. Mayor Pearce commented on the surplus being transferred to a reserve for working capital and asked why the funds received for the disposition of lands was not transferred to a reserve for land acquisition? Discussion ensued, Dan White, Director of Corporate Services, stated that staff would bring back a report to the board on how the reserves are administered with recommendations for some changes. Res. #50 (3) Res. #5 I Moved by R Johnson Seconded by S. Crawford THAT the 2006 Audited Financial Statements be approved as presented; and, THAT the reported surplus of $63,385 be transferred to a Reservefor Working Capital. CARRIED Staff Report #4660-07 (attached as Schedule 6-4) 2007 Preliminary Budget (budget document previously circul4ted to members & sta/J) Moved by M, Novak Seconded by D. Mitchell THAT the proposed 2007 budget estimates, totalling $6,628,775 be approved as presented; THAT the Regian of Durham be requested to approve an operating levy of $2,151,604; THAT aU capiUlI projects in the Budget Report be adopted as projects of the Authority; and, THAT copies of the 2007 Budget Report as approved be circul4ted to the Region of Durham and lower-tier municipalities for their information about the projects and programs of the Central Lake Ontario Conservation Authority. CARRIED ~U"""'-'.R..I.".1 n'.&..r..I:.oJ.l.nU-J,'Y.lA1 ~;),""\AlI-ra\J')!''' AUTHORITY MEETING - MAY 15,2007 - PAGE 4 MUNlCIP AL AND OTHER BUSlNESS " Mayor Pearce inquired about a fill site on Coates Road and asked what the process is for notifying municipal staff that a CLOCA permit has been issued for filling? J. Neal inquired about a fill site on Wilson Road. north of Taunton. R. Johnson inquired about filling activities at Highway #7 and Lakeridge Road. Discussion ensued. Robert Hersey was directed to investigate the above- mentioned sites and report back to the, Board. , Mayor Perkins arrived at 5:30 p.m. M. Novak inquired about SoundsorblNutrisorb. G. Soo Chao. Director of Groundwater Resources, reported that approximately three yean; ago, the Ministry of the Environment formed an expert panel to monitor and study the material. The panel produced several recommendations, in February 2005, statinE that the material should be regulated; however, no change has yet to be made to the legislation. R. Hooper thanked the Director of Engineering and Field Operations for his assistance with an issue at the Baseline Bridge and Bowmanville Creek. R. Johnson inquired about a road allowance on the Oak Ridges Moraine. Discussion ensued. (I) DIRECTOR, ENGINEERING AND FJELD OPERA nONS Res. #52 Res. #53 Res. #58 Res. #59 Staff Report #4664-07 (attached as Schedule H-I & H-2) Spring in the CLOCA Conservation Areas Moved by R. -Johnson Seconded by S. Crawford THAT Slaff Repan #4664-07 be receivedfor in/ormaliol/, CARRIED Moved by R. Johnson Seconded by A. Cullen THAT the meeling convene "In Camera" 10 discuss Personnel ami Property Mailers. CARRIED Moved by J. Neal Seconded by J. Drumm THAT the meeling reconvene. CARRIED Moved by R. Johnson Seconded by J. Drumm THAT the aclion. of Ihe "In Camera" se.sion be tu/apted. CARRIED Res. #60 ADJOURNMENT Moved by M. Novak Seconded by S. Crawford THAT Ihe meeling adjourn. CARRIED The meeting adjourned at 6:05 p.m. ,., r.l r.n OTnn CJ1JriRgtnn " , REPORT #1 I REPORT TO COUNCIL MEETING OF MAY 28,2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 22,2007 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-069-07 2006 Growth Trends Review (b) EGD-037 -07 Monthly Report on Building Permit Activity for April 2007 (c) ESD-008-07 Monthly Response Report - April 2007 2. REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 48 RESIDENTIAL UNITS APPLICANT: BLACK CREEK DEVELOPMENTS LTD. THAT Report PSD-057-07 be received; THAT the proposed Draft Plan of Subdivision and Zoning By-law Amendment, submitted by Black Creek Developments Ltd. to permit the development of 48 residential units be referred back for further processing and the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-057-07 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L lC 3A6, T 905-623-3379 "~fJUI' 11" I L '.'-J --, -- -. Report #1 2 May 28, 2007 3. PROPOSED OFFICIAL PLAN AMENDMENT APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO , LIMITED, KEMP, CARRUTHERS THAT Report PSD-058-07 be received; : :rHAT the application to amend the Clarington Official Plan COPA 2007-0004, submitted by Baysong Developments Inc" 2084165 Ontario Limited, Kemp and Carruthers be referred back to staff for further processing upon receipt of all outstanding supporting documentation, outstanding comments from various agencies and the completion of the Neighbourhood Design Plan Process; and THAT all interested parties listed in Report PSD-058-07 and any delegations be advised of Council's decision. 4. ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 1342 RESIDENTIAL UNITS APPLICANTS: BAYSONG DEVLOPMENTS INC., 2084165 ONTARIO LTD., KIRK KEMP AND DOUGLAS KEMP THAT Report PSD-059-07 be received; THAT the application for Draft Plan of Subdivision S-C-2007-0004 and application for rezoning, ZBA 2007-0015 submitted by Baysong Developments Inc., 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be referred back to staff for further processing; THAT the applicants be required to pay their proportionate share of the Financial Impact Analysis to assess the impact of this proposal on the Municipality; and THAT all interested parties listed in Report PSD-059-07 and any delegations be advised of Council's decision. Report #1 3 May 28, 2007 5. ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 386 RESIDENTIAL UNITS APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT CARRUTHERS AND PATSY CARRUTHERS ' , THAT Report PSD-060-07 be received; THAT the application for Draft Plan of Subdivision S-C-2007-0005 and application , for rezoning, ZBA 2007-0016 submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be referred back to staff for further processing; THAT the applicants be required to pay their proportionate share of the Financial Impact Analysis to assess the impact of this proposal on the Municipality; and THAT all interested parties listed in Report PSD-060-07 and any delegations be advised of Council's decision, 6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 3, 2007 THAT Report PSD-061-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on May 3, 2007 for Applications A2007-0012 through A2007-0017 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 7. REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE APPLICANT: SUSAN WOODLEY THAT Report PSD-062-07 be received; THAT the application to amend the Clarington Official Plan submitted by Susan Woodley be approved and that a by-law be passed by Council to adopt Official Plan Amendment 56 to the Clarington Official Plan as contained in Attachment No. 2 of Report PSD-062-07; THAT the application to amend the Municipality of Clarington's Zoning By-Law 84-63, as amended, submitted by Susan Woodley be approved and that a by-law be passed by Council to adopt the Zoning By-Law Amendment as contained in Attachment No.3 of Report PSD-062-07; THAT a copy of Report PSD-062-07 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-062-07 and any delegations be advised of Council's decision. . ~-r--. - .. . '----.1 - -. -- - Report #1 4 May 28, 2007 8, APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PORT OF NEWCASTLE HOMES THAT Report PSD-063-07 be received; THAT the request for Removal of Part Lot Control with respect to Lots 12, 13, 16, 'J 17 on Plan 40M-2220 and Lots 3 to 19 inclusive on Plan 40M-2226, be approved , I and that the Part Lot Control By-law, attached to Report PSD-063-07, be passed pursuant to Section 50(7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-063-07 and any delegations be advised of Council's decision. 9. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: EIRAM DEVELOPMENT CORPORATION 18T-89041 (PHASE 6) THAT Report PSD-064-07 be received; THAT the application submitted by Eiram Development Corporation to remove the Holding (H) symbol for Lots 1 to 59 as shown on the draft 40M-Plan for Phase six (6) of Draft Approved Plan of Subdivision 18T -89041 be approved; THAT the By-law, attached to Report PSD-064-07, to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-064-07, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. 10. APPLICATION FOR REMOVAL OF HOLDING APPLICANT: HALMINEN URBAN COMMUNITIES INC. THAT Report PSD-065-07 be received; THAT the application submitted by Halminen Urban Communities Inc. to remove the Holding (H) symbol be approved; THAT the By-law contained in Attachment 2 to Report PSD-065-07 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-065-07, any delegations, the Regional Municipality of Durham Planning Department, and the Municipal Property Assessment Corporation (MPAC) be advised of Council's decision. ~~ ____....._ ...._ ____k_________ Report #1 5 May 28, 2007 11. REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 187 DETACHED DWELLINGS APPLICANT: INTRACORP DEVELOPMENTS LTD. THAT Report PSD-066-07 be received; THAT the amendment to Draft Approved Plan of Subdivision 18T -87087, :Submitted by Intracorp Developments Ltd. be approved subject to the conditions contained in Attachment 4 to Report PSD-066-07; THAT the application for Zoning By-law Amendment (ZBA 2007-0017) be approved, as contained in Attachment 5 to Report PSD-066-07; THAT the by-law, as per Attachment 6 to Report PSD-066-07, authorizing the entering into of an Amending Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T-87087 and the Municipality of Clarington be approved and forwarded to Council for approval; THAT a copy of Report PSD-066-07 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-066-07 and any delegations be advised of Council's decision. 12. REZONING TO PERMIT FARM-RELATED EQUIPMENT SALES AND SERVICE USE ON AN EXISTING RURAL RESIDENTIAL LOT APPLICANT: GARY AND DONNA ARNOTT THAT Report PSD-067-07 be received; THAT the application for Zoning By-law Amendment submitted by Gary and Donna Arnott be approved and that the Zoning By-law Amendment, attached to Report PSD-067-07, be adopted by Council; THAT a copy of Report PSD-067-07 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-067-07, any delegations, the Regional Municipality of Durham and the Municipal Property Assessment Corporation be advised of Council's decision. r"\lt::tJUl L tt I v '''''''1 -...., ---. Report #1 6 May 28, 2007 13. 2006 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION AND CONDOMINIUM APPROVAL THAT Report PSD-068-07 be received; and THAT the Region of Durham Planning Department be forwarded a copy of Report ,Ii'SD-068-07 and Council's decision. I "I" 14. MUNICIPAL PEER REVIEW AND OTHER STUDIES OF THE DURHAMIYORK ENERGY FROM WASTE ENVIRONMENTAL ASSESSMENT STUDY THAT Report PSD-070-07 be received; THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by preparing the studies in accordance with the scope of work set out Report PSD-070-07; THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in Section 4.2 (Site Selection) and Section 4.4 (Gap Analysis) of Report PSD-070-07, and further to advise on the scope of work set out in Section 5,1 (Oversight of Technology Procurement Process) and 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT SENES Consultants Limited be retained to undertake the scope of work as outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report PSD-070-07, and further to assist with the scope of work set out in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT AMEC E&C Services Ltd. be retained to undertake the scope of work as outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT C.B. Richard Ellis Ltd, be retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma); THAT the Director of Finance be authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and Section 6.4 (Host Community Agreement) of Report PSD-070-07; THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide information, professional opinion, estimates and advice as deemed appropriate; THAT the Directors of Finance and Planning Services be instructed to strike a committee comprised of Clarington staff and consultants similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement; Report #1 7 May 28, 2007 THAT the Directors of Finance and Planning Services be instructed to take any additional actions or retain any additional consultants deemed necessary to ensure the Municipality has carried out its due diligence; " THAT the Region be requested to work in cooperation with Clarington Staff to improve the public engagement process as noted in Section 4.3 and the Air Shed Study process as noted in Section 5,2; tHAT the Purchasing By-Law 2006-127 be waived; THAT the Director of Planning Services and the Director of Finance be authorized to negotiate and approve contracts with the consultants deemed necessary to complete the due diligence for the Municipality as identified in Report PSD-070-07; THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants and execute the contracts deemed satisfactory by the Director of Planning Services and the Director of Finance; THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to be part of the "necessary studies" to complete due diligence as referenced in the motion approved by Durham Region Council on April 18, 2007, and that the Director of Finance be directed to recover these due diligence costs from the Region of Durham as set out in their motion; THAT Staff report regularly to Council on the progress and findings of the peer reviews and analyses being undertaken, and the Host Community Agreement discussions; and THAT all interested parties be notified of Council's decision including the Regions of York and Durham Councils and the Joint Waste Management Committee, 15. APPOINTMENT OF INSPECTOR THAT Report EGD-038-07 be received; THAT Mr. Steven Valk be appointed as Inspector for the Municipality of Clarington effective Monday, May 22, 2007 and that his name be added to Schedule 'A'of By-Law 2005-145; and THAT the appropriate by-law be forwarded to Council. . '''''1'-'........ Tr I ~ '.'-J --, -- -. Report #1 8 May 28, 2007 16. ASSUMPTION OF CLARINGTON BOULEVARD BETWEEN NORTH LIMIT OF UPTOWN AVENUE AND NORTH LIMIT OF CLARINGTON CENTRAL SECONDARY SCHOOL SITE ' THAT Report EGD-039-07 be received; and J ,THAT Council approve the by-law attached to Report EGD-039-07, dedicating I barington Boulevard from the north limit of Uptown Boulevard to the north of the Clarington Central Secondary School site (Part 19, Plan 40R-16730 and Parts 8, 9, and 13, Plan 40R-223327) as a public highway. 17, BURKETON INTERSECTION IMPROVEMENTS THAT Report EGD-040-07 be received; THAT the Engineering Services Department proceed in 2007 with the preparation of the final design of the intersection improvements at Old Scugog Road and Boundary Road in Burketon as presented at the Public Information Centre held on December 5, 2006; THAT the improvements proposed at the intersection of Old Scugog Road and Boundary Road be included in the 2008 Capital Budget for Council's consideration; and THAT, subject to Clarington Council and the Township of Scugog Council both giving 2008 Capital Budget approval for the works (to be a maximum of $21,000 each), the intersection improvements be constructed in 2008, 18. CNE GARDEN SHOW THAT Report OPD-005-07 be received; and THAT the Municipality of Clarington advise the Canadian National Exhibition of their participation in the annual CNE 2007 Garden Show. 19. JUNE IS RECREATION AND PARKS MONTH THAT Report CSD-007-07 be received; and THAT the month of June 2007 be proclaimed Recreation and Parks Month. 'In ... A......,... ""'.. ... ....._._... Report #1 9 May 28, 2007 20. NAMING OF MUNICIPAL FACILITY THAT Report CLD-021-07 be received; THAT the new recreation facility at 1780 Rudell Road (Rudell Road and Edward Street) in Newcastle be named the "Newcastle & District Recreation Complex", as chosen from the list of nominations; and ItrHAT the Community Services Department, Leslie Wilson, President, Newcastle Village and District Historical Society, Robin Brown and Charlie Trim be advised of Council's decision. 21. FLAG RAISING/PROCLAMATION/PARADES POLICIES THAT Report CLD-022-07 be received; THAT the policy related to flag raisings as outlined in Report CLD-022-07 be approved; THAT the policy related to proclamations as outlined in Report CLD-022-07 be approved; THAT the Municipality's current practice of processing parade requests continue; THAT the request for the Annual Orange Parade to be held in Orono on July 7, 2007 be approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department; and THAT Gary Cole, District Master, West Durham District L.O,L. and Ron Milne be advised of Council's decision. . .-....-...... '''-J --, ---. Report #1 10 May 28, 2007 22. TENDER CL2007-13, KING STREET BRIDGE REHABILITATION, BOWMANVILLE THAT Report COD-019-07 be received; THAT Miller Paving Limited, Markham, Ontario with a total revised bid in the amount of $1 ,322,219.56 (excluding GST) being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-18 be awarded the contract for the King Street Bridge Rehabilitation, Bowmanville, Alternative "A" as required by the Engineering Department; THAT $1,000,000.00 of the total funds required for Alternative "A" in the amount of $1,597,200.00 ($1,322,219.56 revised tender plus consulting, contingencies, utilities and less Bell Canada portion) be provided from the 2006 Engineering Capital Budget Account #110-32-330-83309-7401 and $95,000.00 be provided from the 2007 Engineering Capital Budget Account #110-32-330-83212-7401; THAT funds from the 2006 Capital Budget, for the 20 King Street Fayade project, in the amount of $189,900.00, be transferred to this project; THAT a revised budget amount be considered in future budget years for construction of the 20 King Street Fac;:ade project; THAT the additional $312,300.00 be funded from Federal Gas Tax Reserve Fund depleting the unallocated funding available; and THAT the attached By-law marked Schedule "A" to Report COD-D19-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 23. CL2007-16, SANITARY FORCE MAIN, NEWCASTLE RECREATION COMPLEX THAT Report COD-020-07 be received; THAT Cobourg Development Services, Cobourg, Ontario with a total revised bid in the amount of $133,836.09 (Plus G.S,T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007 -16 be awarded the contract for the Sanitary Forcemain, Newcastle Recreation Complex, as required by the Community Services Department; THAT the total funds required in the amount of $157,336.09 ($133,836.09 plus consulting) be drawn from the Community Services 2006 Capital Account # 110- 42-421-84244-7401 ; THAT the By-law marked Schedule "A" to Report COD-020-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. ,)A !::tv I A\AI ~V~I..nTI""'''. _"'_11___ Report #1 11 May 28, 2007 24. BY-LAW EXEMPTION REQUEST - SETTING OFF OF FIREWORKS JASON BOYOKOZER, CLARINGTON SECONDARY SCHOOL THAT the correspondence from Jason BOyOkozer, Clarington Secondary School requesting an exemption from By-law 92-160, as amended, regulating the setting off of fireworks be approved provided the organizers apply for and obtain all the necessary permits and provided appropriate insurance requirements are in place. " , 25. CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER THAT the recommendations contained in Confidential Report PSD-071-07 be approved, 26. CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER THAT the recommendations contained in Confidential Report EGD-041-07 be approved. BY.LAWS 2007-106 , " 2007-107 2007-108 2007-109 2007-110 2007-111 2007-112 2007-113 2007-114 2007-115 SUMMARY OF BY-LAWS MAY 28,2007 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal Purposes for the year 2007 (Approved by Council on March 19, 2007) Being a by-law to amend By-law 91-58, as amended, being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington (Approved by Council on February 12, 2007) Being a by-law to adopt Amendment No. 56 to the Clarington Official Plan (Susan Woodley) (Item 7 of Report #1) Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Susan Woodley) (Item 7 of Report #1) Being a by-law to exempt certain portions of Registered Plans 40M-2220 and 40M-2226 from Part Lot Control (Item 8 of Report #1 ) Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Eiram Development Corporation) (Item 9 of Report #1) Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Halminen Urban Communities Inc.) (Item 10 of Report #1) Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Intracorp Developments Ltd.) (Item 11 of Report #1) Being a by-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-87087 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of 18T-87087 (Intracorp Developments Ltd,) (Item 11 of Report #1) Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gary and Donna Arnott) (Item 12 of Report #1) 2007-116 2007-117 , 2007-118 2007-119 2007-120 2007-121 2007-122 Being a by-law to amend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Item 15 of Report #1) Being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Item 16 of Report #1 ) Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services, Cobourg, Ontario for the Sanitary Forcemain for the Newcastle Recreation Complex (Item 23 of Report #1) Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Miller Paving Limited, Markham, Ontario to enter into agreement for the King Street Bridge Rehabilitation, Bowmanville, Ontario (Item 24 of Report #1) Being a by-law to close Part of the Road Allowance between Concession 1 and Broken Front Concession, Darlington, designated as Part 3 on Plan 40R-24789, Clarington, as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (Item 26 of Report #1) Being a by-law to declare surplus Part of the Road Allowance between Concession 1 and Broken Front Concession, Darlington, designated as Part 3 on Plan 40R-24789, Clarington, pursuant to By-Law 95-22 (Item 26 of Report #1) Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to William Smith Colville, Juan Carol Colville, and John Alexander Colville (Item 26 of Report #1) HANDOUTS/CIRCULA TIONS FOR COUNCIL ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Members Glenda Gies, Port Darlington Community Association (Co-Chair) John Roxborough, Port Darlington Community Association Rick Rossi, Port Darlington Community Association Anthony Skinner, Aspen Springs Community Association (resigned in September 2006) Cynthia Strike, Municipality of Clarington Brent Mavin, Municipality of Clarington Richard Fink, Human Resources Manager, St. Marys Cement Inc, (Co-Chair) Ruben Plaza, Environmental Manager, St. Marys Cement Inc. John Hill, Quarry Manager, St. Marys Cement Martin Vroegh, Corporate Environment Manager, S1. Marys Cement Purpose To continue to build a good relationship and provide opportunity for dialogue between the community and St. Marys Cement Company and to provide an opportunity for St. Marys to report on their progress implementing the Westside Marsh Reconfiguration Plan. Mandate 1, To review and refine procedures for reporting concerns and mitigating impacts resulting from St. Marys Cement Company operations and implementation of the Westside Marsh Reconfiguration Plan on surrounding neighbourhoods. 2. To share information to ensure neighbours are aware ofworkplan, activities and time lines associated with implementation of the Westside Marsh Reconfiguration Plan. 1 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Scope of Work Regular quarterly meetings were held on March 7, June 6, September 12 and December 5, 2006, In addition, a special meeting was held on October 24,2006. The regular quarterly meetings were used to review and discuss the following: . Relocation of the emergency access route through St. Marys property for residents on West Beach Road, Cove Road and Cedarcrest Beach Road to accommodate excavation of Waver ley Road . Diversion of Westside Creek on August 17, 2006 to the channel constructed in 2004 and 2005 along the northern and eastern boundaries of the quany limits . CLOCA's official opening of the new conservation area that comprises Westside Marsh, Bowmanville Marsh and the link lands between the two Marshes on June 22, 2006 . Data from three off site PM-1 0 dust monitoring stations PM 10 Program 2006 80 -,----~--_._------ 70 60 _~______ ___ ~W_ i 50 40 f 30 'E 20 10 --+- Hutton Tmspt. ~. Cedar Crest OPG o ~ #' ,i}<5' ~"ro ,#',\",<5' 4<5' #' 11 ,..<5' #' ,f ,f: ~<5' "f' '\~ ,>"'<5' ~,p ~,p ~& .# ~ #' #' ~~ ~$> ~ # # d' ~ <I' <I' * Limit 2 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 . Data from three off site dust fall monitoring stations Dust Fall 2006 10.0 II) 8.0 >- '" "Cl C> 6.0 .., c: .- 4.0 ... E c;, 2,0 0,0 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dee -+- Hutton Trnspt. -4-Cedar Crest OPG , , ! 1 -+- MOE Near East .....- MOE Far East -+-Limit . Data from two off site blasting monitoring stations that identified three ground vibration non conformances and two air vibration non conformances in 2006 . Data from stack emissions that indicates that by the end of2006, 802 was being produced at 2.15 kg/tonne of clinker below the goal of 2,72 kg/tonne . '" . ..1112 . . . o. O. 0. O. . m ',N ',N ~~~~~~~~~~~~~I_~~~ DeO ktllw. eo.1 :woe 2000 April 30, 2007 3 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 . Data from stack emissions that indicates that by the end of 2006, NOx was being produced at 2.54 kg/tonne of clinker below the goal of 2.6 kg/tonne. .. . .. u , ',N .. , u _______-____ 2.&2 u ,~ u ," OJ o. o. o. o. . ~2~~~~~~n~b~'~r~~n~_~~~~~~~1 .... .... . Plans for deepening the quarry . St. Marys ongoing efforts to reduce o Off-site dust o Off-site effects of blasting o Visible plume from the stack . Plans for deepening the quarry . St. Marys community outreach efforts including o An open house on Saturday July 29, 2006 o A second quarry open house for rock clubs o A newsletter re the PET coke dust incident o Participation in the Clarington Fire Safety Day . Community concerns received by the Municipality ofClarington and St. Marys including o Measures undertaken to address each concern o Revised method to register and track complaints 4 April 30, 2007 . . ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Complaints related to blasting have decreased as a result of changes to St. Marys blasting procedures. Community Blasting Complaints 35 30 25 .'!! 20 r=. 15 10 5 o I_ Complaints 1 __________m___ N '" <5 '" '" '" '" '" '" '" ~ ~ '" '" '" ~ ~ <:> <:> <:> p p p p p p p p p <:> <:> <:> <:> <:> N N N N <= D l;; ~ >- <= "3 '" "- u > " N m '" m => ..., ~ c?l 0 '" ..., u.. :;; :;; ..., 0 z 0 ]i 0 >- Year/Month A special meeting of the Community Relations Committee was held on October 24, 2006 to address revisions to St. Marys dust monitoring program as a result of the release of PET coke dust from the dock in July, 2006. A total of sixty properties in the areas of Cedarcrest Beach, Cove and West Beach Roads were affected by the coke dust. St. Marys arranged for professional cleaning of properties and distributed a special newsletter to residents explaining the cause of the release and subsequent revisions to operating procedures. These revisions include: . Rotating unscheduled inspections undertaken by St. Marys management staff to ensure dock procedures are being followed. . A new maximum wind speed for unloading or moving cargo of 40 km; a wind speed monitor has been installed on the dock. . Vacuumed pet coke dust will not be returned to the dock but rather used as kiln fuel. Pet coke dust will not be stockpiled but rather will be fed directly into the kiln from the truck. . Dust suppressant/surfactant will be sprayed onto non-covered stockpiles and the open working face of stockpiles at the end of each shift. 5 April 30, 2007 . ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Conclusion While St. Marys operations continue to result in off site impacts that are generally below regulatory requirements, St. Marys continues to work to reduce these impacts. The Community Relations Committee anticipates that St. Marys performance will continue to improve over time. St. Marys Community Relations Committee is working effectively and ensures an opportunity for information sharing and dialogue between St. Marys and its neighbours. The Community Relations Committee recommends that: o The Community Relations Committee continue to meet on a quarterly basis o Committee membership include o alternate representation from the Aspen Springs community o representation from other areas of Bowmanville as required 6 April 30, 2007 HANDOUTS/CIRCULATIONS FOR COUNCIL ST. MARYS COMMUNITY RELA nONS COMMITTEE ANNUAL REPORT - 2006 Members Glenda Gies, Port Darlington Community Association (Co-Chair) John Roxborough, Port Darlington Community Association Rick Rossi, Port Darlington Community Association Anthony Skinner, Aspen Springs Community Association (resigned in September 2006) Cynthia Strike, Municipality of Clarington Brent Mavin, Municipality of Clarington Richard Fink, Human Resources Manager, S1. Marys Cement Inc. (Co-Chair) Ruben Plaza, Environmental Manager, S1. Marys Cement Inc. John Hill, Quarry Manager, St. Marys Cement Martin Vroegh, Corporate Environment Manager, St. Marys Cement Purpose To continue to build a good relationship and provide opportunity for dialogue between the community and St. Marys Cement Company and to provide an opportunity for St. Marys to report on their progress implementing the Westside Marsh Reconfiguration Plan, Mandate 1. To review and refine procedures for reporting concerns and mitigating impacts resulting from St. Marys Cement Company operations and implementation ofthe Westside Marsh Reconfiguration Plan on surrounding neighbourhoods. 2. To share information to ensure neighbours are aware of work plan, activities and time lines associated with implementation of the Westside Marsh Reconfiguration Plan. 1 April 30, 2007 ST. MARYS COMMUNITY RELA nONS COMMITTEE ANNUAL REPORT - 2006 Scope of Work Regular quarterly meetings were held on March 7, June 6, September 12 and December 5, 2006. In addition, a special meeting was held on October 24, 2006. The regular quarterly meetings were used to review and discuss the following: . Relocation of the emergency access route through St. Marys property for residents on West Beach Road, Cove Road and Cedarcrest Beach Road to accommodate excavation ofWaverley Road . Diversion of Wests ide Creek on August 17, 2006 to the channel constructed in 2004 and 2005 along the northern and eastern boundaries of the quarry limits . CLOCA's official opening of the new conservation area that comprises Westside Marsh, Bowmanville Marsh and the link lands between the two Marshes on June 22, 2006 . Data from three off site PM-l 0 dust monitoring stations PM 10 Program 2006 1 f 'E 80 70 60 50 40 30 20 - 10 o ~ # .I' ~",,, ~.f" ~"'<S' # .I' ~<S' ~~<S' #' ,f' .t'~<S' <~ '\~ ,,/' ~~ ~~ <<iJ> .? ? #' #' ~~ ~$> .;> <# <# cf> ~ <I' <I' ---+- Hutton Tmspt. --_- Cedar Crest OPG -*"- Limit 2 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 . Data from three off site dust fall monitoring stations Dust Fall 2006 10.0 -+- Hutton T mspt. ___Cedar Crest OPG -*- MOE Near East ~ MOE Far East -+-Limit '" 8.0 >- ... "CI o 6.0 .., c 4.0 ON E ~ 2.0 0.0 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dee . Data from two off site blasting monitoring stations that identified three ground vibration non conformances and two air vibration non conformances in 2006 . Data from stack emissions that indicates that by the end of2006, S02 was being produced at 2,15 kg/tonne of clinker below the goal of 2,72 kg/tonne . &.31 . '.G . . 2.72 .... ,... .. n. o. o. o. ~~~~~~~~~~~~~I~~~~~~~ -2OOll 2<<lll 3 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 . Data from stack emissions that indicates that by the end of 2006, NOx was being produced at 2.54 kg/tonne of clinker below the goal of 2.6 kg/tonne. .. . .. u . u. .. . .. ______ 2.62 u ,... u .~ .. o. O. O. t. ~~~~~~~n~~r~~~~~_~~v~~~~ 200ll 2DOlI . Plans for deepening the quarry . St. Marys ongoing efforts to reduce o Off-site dust o Off-site effects of blasting o Visible plume from the stack . Plans for deepening the quarry . St. Marys community outreach efforts including o An open house on Saturday July 29, 2006 o A second quarry open house for rock clubs o A newsletter re the PET coke dust incident o Participation in the Clarington Fire Safety Day . Community concerns received by the Municipality ofClarington and St. Marys including o Measures undertaken to address each concern o Revised method to register and track complaints 4 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Complaints related to blasting have decreased as a result of changes to St. Marys blasting procedures. Community Blasting Complaints 35 30 25 ~ 20 ~ 15 10 5 o [. Complaints I '" '" g "' '" [!l ~ '" '" '" '" '" [!l '" '" '" ~ 0 0 0 9 9 9 9 9 9 9 9 9 0 0 0 0 0 '" '" '" '" c .c i;; ~ '" c '5 '" c. 13 > 0 '" ., " ::; ., => ~ => " 0 0 ~ ]j ~ u. ::; ~ <( (J) z 0 t- Year/Month A special meeting of the Community Relations Committee was held on October 24, 2006 to address revisions to St. Marys dust monitoring program as a result of the release of PET coke dust from the dock in July, 2006. A total of sixty properties in the areas of Cedarcrest Beach, Cove and West Beach Roads were affected by the coke dust. St. Marys arranged for professional cleaning of properties and distributed a special newsletter to residents eXplaining the cause of the release and subsequent revisions to operating procedures. These revisions include: · Rotating unscheduled inspections undertaken by St. Marys management staff to ensure dock procedures are being followed. · A new maximum wind speed for unloading or moving cargo of 40 kIn; a wind speed monitor has been installed on the dock. · Vacuumed pet coke dust will not be returned to the dock but rather used as kiln fuel. Pet coke dust will not be stockpiled but rather will be fed directly into the kiln from the truck. · Dust suppressant/surfactant will be sprayed onto non-covered stockpiles and the open working face of stockpiles at the end of each shift. 5 April 30, 2007 ST. MARYS COMMUNITY RELATIONS COMMITTEE ANNUAL REPORT - 2006 Conclusion While St. Marys operations continue to result in off site impacts that are generally below regulatory requirements, St. Marys continues to work to reduce these impacts. The Community Relations Committee anticipates that St. Marys performance will continue to improve over time. St. Marys Community Relations Committee is working effectively and ensures an opportunity for information sharing and dialogue between St. Marys and its neighbours. The Community Relations Committee recommends that: o The Community Relations Committee continue to meet on a quarterly basis o Committee membership include o alternate representation from the Aspen Springs community o representation from other areas of Bowmanville as required 6 April 30, 2007 ~bt;~'H:~2,[t~is;~~~~,j}h1~~~Kjl~m_iJI'..a.i;~i~4i, ~ .. rIJ. ~~ = .. ~ = = ~ ;...1< .....- ~= e aJ ~ e u 8 = .. ~ .- .- ;, .. = aJ~ e~ < = ~ = .....- ~ .. ~ Q .. Z aJ \C = =~ = N l' ] ~ < v '" ~ E 5 ~ .- a ~ ~ '" ....... e+:: ~ .- Q = 5 1:: 0 v v .- .""""" u S ~ U '" = .g .g - e <0 v V <0 .- ~ ~ ~ ~ - N a 0 ~ 0 Ct-t Z !Z) 0 !Z) - a I I: = .- ~ A ~ ~ E 5 ! 5 .' II .- ,'/~~f', ~ . .- ~ ~ .' ~ ..~ > ~ c _ "'.- Ii E V .-....... 7, ~ ~ -....' . e+:: 5 ~ p. = ::>.. 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""-""""'C' 4"" ..0. ~f~ ~:~~~~~~{ ...S -0 ...... .5' "0 (I).,~ . ' . .q ~ g; i · ,:'{" fij ~E.. . ....~.....' .: . ' " 'to ~ .~..~'. ~.! 'f,t.;,~~tU',~;.>:~,:',,'~::, ....:J . ~ w ,0 ftJ ~ ," ':""" :, "XCD .r::. ~.:&:.....J J::/~ ' ,",1 > 4J o.J:~' "'~/" ....~ .-s... w;., ,,,,",, .}..;.., }z(l) 1:3 :a .!~1ft;;:= :0 " .. .....E':g it lit; ill; .~ g ~al'.! l~f~ "i... ...... .........,.. ...~", In CD ~ . \JL.-'" "0 "0 '0 "C c:.... s... c: :J ~COo ..c: , ^ s... +Jt=cn .,+- Q) ~ o .J::U'. . (/) ......,0. .~; ~ (/) - ""-" c . ~ E o~x Q) ....... ....,.0 - c: "0 ...... CCOQ)"C .- C (/)"0. C/) en. 0' ,:c:: C g ~ ~'dI. o .- 0. .Q)' ,(/). .- +J . 'fQ .,&..IU co c: (I).. . . .' s... -- ....... U .. c .$ (/) a. 0.. '::J -- CU.,+- .~. 1'0 c: q;.;.O .... c: .' <' Q) 0 '-.(/) :!;......, E ~ ;'j) (;) .0 s... Q) )lIo l-' :J 0.c4) >(J) .r::. '.&J: ~ . :.c +- . ". Good Evening Council May 28, 2007 Municipal staff want you to authorize what they have already done! Their hand-picked consultants are already hard at it, preparing their assessments of this ENTIRE project (3.5 p6), contra your direction, to wit: "... staff ... to examine comprehensively all documentation prepared to date ..." (Resolution C-211-07). The start of this examination should have been to invite the Region's "Energy From Waste" facility consultants to Clarington and have them explain their methods to staff, a move which would probably have taken a day and cost about $100 for sandwiches. At this time, David Merriman and Jim McKay could have addressed any of staff's concerns and their adherence to protocol would have been verified. Municipal staff would then have presented their findings and suggestions to council. Obviously this does not fulfill all the require- ments of council's directive; however, I believe they are loqical first steps. It would have introduced all the players and set an amicable tone for future dealings this is not only good business practice but good inter-governmental relations. Ah, the road not taken. Unfortunately, staff's recommendations in this report set us on an acrimonious course and deposits us in an expensive maze. While it is expected staff remain neutral in their duties for the municipality, this report reeks of their personal bias. As I said last week: "they do not like this technology and they do not want it here". ...2 2 The pitfalls in this report are overwhelming, to highlight a few: recommending Clarington hire assorted consultants with open ended contracts to investigate every single piece of paper generated over the past three years and those which will be qenerated ad infinitum is imprudent - to say the least (3.2 pg5); denying Council's right to question said consultants, requesting waiving of a "standard practice" by-law and intimating dire consequences should Council "delay" passage and blaming the REGION'S "aggressive time frame" is sinister as well as ironic (3.6 pg6); expecting anyone to have "confidence" in said consultants work is credulous, given they have already been tainted by staff's bias and are already working without the approval of Council (4.4.2 pgB). Rather like Brer Rabbit and the prickle bush - they will deliver the result they have been instructed to deliver; implying that a 10 acre site housing a state-of-the--art Energy-from-Waste facility will affect growth at our Energy Park, but that over 60 (that's six/zero) acres of dead cars around the corner at Dom's Auto Parts will not is blatant deceit (6.2.3 pgI2). I could take you through this report line by line - just like the budget - but I only have 10 minutes, so I will stress two things: 1. That people don't like the end result not the project doesn't mean the process was wrong and 2. That approval of the actions this report recomm- ends is not "due diligence" on the part of Council, but negligence. . . . 3 3 To move on to the subject of garbage itself - let's look at the Town of Markham (an area I know well, as it happens). Their diversion rate IS impressive - but slightly misleading they NOW collect ~'Sf~C{ which reduced their waste by 35 - 50% (depending on the season), and increased their recycling by that same amount. They also collect styrofoam, white goods, electronic equipment, etc. But, let's look at what happens to it: to clarify, to say they "collect" is a misnomer - there are various depot throughout York Region where people take these cast offs; their organics (ie Green Bin and yard waste) and their tires are sent to Quebec; their white goods go to a scrap yard where they have the chemicals evacuated, are stripped, melted, bits are sold on and the remainder goes to land fill in Michigan; likewise their electronics, which are also stripped of any precious metals and the carcasses go to land fill in Michigan; specific types of styrofoam are sent to Mississauga for reCYCling and so on. To reiterate, we are talking about GARBAGE - what to do with the cast offs of our lives - and apparently, Canadians cast off more stuff than anyone else in the world! Council heard at GP&A that most of the speakers wanted manufacturers to use less packaging, that they wanted more recycling, that they wanted "stabilized" landfill. Your Worship was chastised for asking that "simplistic" question and, while I do not believe it was simple, I think it was the wrong one - I believe you should have asked "where in Clarington do you want this landfill?" or rather .. .4 4 "stabilized" landfill - implying this is superior to a regular "dump". "Stabilized" landfill is notoriously UNSTABLE - resulting in leaks and still producing toxic gases resulting in unfiltered dioxins being spread far and wide. Equally, the fire pictured on the cover of Friday's This Week - or the one a few years ago at the aforementioned Dom's - spread unfiltered dioxins over the area, as does what is commonly called "backyard burn" - rural residents who burn a 45 gallon drum full of stuff will create the same amount of dioxins as incinerating the waste from 100,000 households. These are the same "fires" we see on every picket line. No thank-you, I would rather have an incinerator equipped with one (or all) of the available scrubbing technologies. [glass/cloth/mesh filters, wet scrub, electrostatic scrub, hydrocyclonic scrub]. We should be reclaiming land - not using more of it to store our garbage. To "feed the monster" we can mine all dumps - eventually using all that acreage for something productive. That people would even consider destroying hundreds of acres of C02 destroying plant life (and creating more dioxins)- just to hide their garbage - is mind boggling; that people think incineration doesn't make something disappear - but that landfilling it does - is mind boggling; that people think sending their garbage somewhere else is "taking responsibility for it" - is mind boggling. . . .5 I . 5 Council's decision to-night is whether to accept this staff report - with all it's biased, expensive recommendations - or to send them back to do the work you directed last month. You know the road I hope will be taken - this time. Thank you Cathrine McKeever :. ~ May 28, 2007 Municipality of Clarington 40 Temperance Street Bowmanville, ON LiC 3A6 Re: Durham/York Residual Waste EA I stated to you my support last week for Staff Report PSD-070-07, Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study. I strongly urge Council to endorse all recommendations supplied in that report and ratify approval of Item 14 of Report #1 tonight. At last week's GP&A meeting, the emphasis in the debate surrounding this report from our Regional councillors seemed to be focused primarily on finances, with little regard for the need for all the aspects of the peer review as outlined in the report. That was disturbing to me. At the Durham Region Finance and Admin meeting on May 23, after all delegations had spoken and there was discussion on the financial aspect of Clarington's peer review, Chairman Anderson made it a point that "a message needs to be sent" to Clarington before tonight's meeting. The intent was clear - he does not want the region to finance anything but a limited "peer review", and not all the necessary studies for the safety and benefit of Clarington and its residents. The Finance and Admin Committee, along with Works, is recommending to Regional Council on Wednesday that the funding allocated to studies not exceed $200,000. Yet I found it very disturbing that a few minutes later, in the next portion of the meeting there was discussion in report 2007-W-54 regarding a supplementary report on a Request for Proposal to Design, build, and operate a new Durham Regional Material Recovery Facility for the Regional Municipality of Durham, in Whitby. "Funding in the amount of $900,000 was included in the overall project budget to retain consultant(s) to assist in the contract administration. The total estimated project cost before taxes was $15,730,000." Remember that the cost of the incineration project is estimated at $250,000,000.00 From the Durham/York EFW Consultant's website: Question: "How much are the Regions paying the consultants to complete the Environmental Assessment portion of this project?" Answer: The estimated cost for the study and engineering is $5 million or less than 2.5 per cent of the total cost of the facility. And the Region wants to limit Clarington to consultant's fees not in excess of $2001000.00? Once again it seems that dollars are more important than health, safety, environmental and other potential impacts on Clarington such as the ability to attract new businesses to the area (especially the planned Energy Park), community stigma and Quality of Iifel and that concerns me greatly. In April this year, both councils of Durham and York approved the following motion: 'That each respective Region shall provide adequate funding to any of the host potential communities located within their respective Region. And further, that such adequate Kerry Meydam , '. ~. nnr~nr'::u nn~r rnrnrn, ,",ru Tn ,nllgcr,n;;Jrsa ;ann rnrnnlPrsa ,r{;' rll ,&I n,,'nQnr~ In ::Jrrnnnn :2r ,re funding shall include the costs of all necessary studies and legal advice incurred by the potential host community to investigate and complete its due diligence in arriving at its decisions whether or not it will become a host community for the EFW facility. And further, the total of such costs shall be deducted from the combined royalty fee, if any, and not otherwise" It appears the Region is now trying to backpedal on its commitment to Clarington. It is vital that Clarington do its own studies for the benefit of our municipality. It also concerns me that York and Durham Councils made the decision to adopt thermal treatment (incineration) as its preferred option without adequately investigating either the impacts of incineration - or other alternative methods for dealing with residual waste. How could they have had sufficient information to make this decision when the consultants, at each and every Public Information Session held in Clarington could not give us important information regarding emissions and health risks or environmental impacts, stating those studies have not been completed yet so they don't have that information? At the May 23 Finance and Administration committee meeting, Chairman Anderson made the statement that he had no intention of revisiting alternative methods. The decision to go with EFW was made by Regional Council in June 2006 and that's that. The push to finish the entire process and get building this incinerator has been fueled by the closure of the Michigan border to our waste. We know that there are other options available to Council to deal with residual waste, including increased waste diversion and the use of stabilized landfills. By reducing the need for landfills through heavily enhanced waste diversion there should be no huge urgency to have an incinerator built and in operation by 2010. Please remember that this is not an either/or choice regarding Incineration or Landfill. Incineration does not just make the garbage disappear. Approximately 30% by weight of garbage burned, typically ends up as residual ash which must be placed in landfill. The other 70% of the incinerated matter ends up in the atmosphere as toxic emissions and environmental pollutants. Incineration is disposal to air Although the volume of garbage appears to be greatly reduced by gasification and incineration, no technology can make anything actually disappear. Mass can neither be created nor destroyed, only changed.* The gas, smoke, and liquid and solid wastes that leave a facility will have the same mass as the solid materials entering the facility. Masses of gas and particulates will go up the stack, toxic ashes and solid wastes will need to go to landfill, and liquid wastes will also need to be managed. *Encyclopedia Britannica If we put the effort into reducing residual waste through enhanced diversion as other progressive communities are doing, we could get to 70% diversion before 2010, which would end up needing approximately the same amount of landfill for the excess as would incineration for the ash produced. And we could achieve improved diversion rates over time, but incineration will still produce that 30% residual that must be landfilled over the 20 - 30 year lifespan of that incinerator. Kerry Meydam Consider the choice made by Niagara recently to forego their plans to build an incinerator and to concentrate instead on enhanced waste diversion and stabilized landfill. The Niagara experience not only demonstrates the new reality of increased cost for incineration over other methods of waste management, it sharply contradicts trendy beliefs that the technology, currently euphemized as "waste-to-energy," has somehow become clean and green since the days when it was previously banned. Without even considering the complex problems of dioxin and furans, information gleaned from the environmental assessment of the proposed Niagara facility shows that making power from Ontario garbage will be far dirtier and more dangerous than making power from coal - the dirtiest fuel in current use. I'm not suggesting we go back to burning coal. I am suggesting that there are better, safer, cleaner and more financially acceptable ways to manage waste, and this peer review is essential for us to get some answers to questions regarding incineration and the health, environmental and financial impacts that Clarington would face were we to host this project that is being pushed on us by the Region. Without ALL the answers, how can we (or you) make a proper, informed decision on whether we should be a willing host or not? Thank you for your time, and please approve the recommendations of C1arington staff on this matter. Respectfully, ~. ~fiw;~ Kerry Meydam Kerry Meydam YORK/DURHAM WASTE DISPOSAL PRESENTATION Barry Bracken, Port Perry, Ontario By now most of you know my face and are aware that I have made presentations before Regional committees as well as the Clarington General Purpose and Administration Committee last week. My mission has been and still is to urge you to say NO to incineration, My opposition to incineration is primarily because of the serious negative impact the emissions can have on the health of all who directly breathe them or consume the food from fish and animals which have also been exposed, More information on health issues can be learned from the CAW Fact Sheets you have been given or by visiting \v\\w,no-burn.org, Today, I want to focus on the Zero Waste Strategy as a much better alternative to incineration. One of the things I have learned in the past few weeks is that Regional councilors are very opposed to landfills. This is because in the past public opposition to landfill has been strong and at times very emotional. This opposition has been due to their experience with the old style landfill where all of our garbage went. They were ugly, toxic, and smelly. This past bad experience is so engrained that Regional Council has passed a resolution stating that there will be no more landfills in Durham Region, Today, I want to make it very clear that, by adopting a Zero Waste Strategy you in effect are also adopting a position against landfills, The difference is that a ZWS has other benefits not offered by incineration. Keep in mind that getting rid of waste, no matter what you do is challenging and costly, but a ZWS is a better alternative. With an incinerator, waste is converted to bottom ash, fly ash, and zillions of nano particles. The bottom ash (some of which is toxic) amounts to approximately 25%-30% by weight of the waste going in to the incinerator. The bottom ash will have to be landfilled. The fly ash, not all of which is captured by the scrubbers, is highly toxic and has to be stored in a special hazardous waste site. What remains goes into the air and is composed of highly toxic emissions such as dioxins, furans, green house gases and God knows what not. On the other hand, a ZWS is a strategy which recognizes that we don't have another planet to go to. A ZWS includes recycling, reuse, repair, composting, and doing all we can do to reduce the amount of waste going to a landfill. It is estimated we can save four times the energy produced by an energy from waste facility. This is accomplished by eliminating the need to extract virgin resources and manufacturing new products from scratch. "Zero Waste combines community practices such as recycling, reuse, toxic removal and composting with industrial practices such as eliminating toxins and redesigning packaging products", [I] YORK/DURHAM WASTE DISPOSAL PRESENTATION Barry Bracken By now most OfYOll know my face and are aware that I have made presentations before Regional committees as well as the Clarington General Purpose and Administration Committee last week. My mission has been and still is to urge you to say NO to incineration. My opposition to incineration is primarily because of the serious negative impact the emissions can have on the health of all who directly breathe them or consume the food from fish and animals which have also been exposed. More information on health issues can be learned from the CAW Fact Sheets you have been given or by visiting ",,\\-w.no-burn.org. Today, I want to focus on the Zero Waste Strategy as a much better alternative to incineration. One of the things I have learned in the past few weeks is that Regional councilors are very opposed to landfills. This is because in the past public opposition to landfill has been strong and at times very emotional. This opposition has been due to their experience with the old style landfill where all of our garbage went. They were ugly, toxic, and smelly. This past bad experience is so engrained that Regional Council has passed a resalution stating that there will be no more landfills in Durham Region. Today, I want to make it very clear that, by adopting a Zero Waste Strategy you in effect are also adopting a position against landfills. The difference is that a ZWS has other benefits not offered by incineration. Keep in mind that getting rid of waste, no matter what you do is challenging and costly, but a ZWS is a better alternative. With an incinerator, waste is converted to bottom ash, fly ash, and zillions ofnano particles. The bottom ash (some of which is toxic) amounts to approximately 25%-30% by weight of the waste going in to the incinerator. The bottom ash will have to be landfilled. The fly ash, not all of which is captured by the scrubbers, is highly toxic and has to be stored in a special hazardous waste site. What remains goes into the air and is composed of highly toxic emissions such as dioxins, furans, green house gases and God knows what not. On the other hand, a ZWS is a strategy which recognizes that we don't have another planet to go to. A ZWS includes recycling, reuse, repair, compo sting, and doing all we can do to reduce the amount of waste going to a landfill. It is estimated we can save four times the energy produced by an energy from waste facility. This is accomplished by eliminating the need to extract virgin resources and manufacturing new products from scratch. "Zero Waste combines commWlity practices such as recycling, reuse, toxic removal and cornposting with industrial practices such as eliminating toxins and redesigning packaging products". [I J . A ZWS requires three key elements, I, Industrial responsibility. (The front end of the problem) 2. Community responsibility. (The back end of the problem) 3, Political leadership. We already have a good start. Perhaps the most important thing to do is to separate the waste at the source. Households are doing this but we need to intensify our efforts especially with compost materiaL Industry, commercial businesses, and institutions have a lot of catching up to do. "Zero Waste is not a technology, it is a strategy and that strategy begins with industrial design and ends with source separation of discarded products". [1 ] We've talked before about the program in Halifax and Nova Scotia, Nova Scotia legislation bans organic material from landfills, Dr. Connett talks a lot about the program in Halifax and the residual screening facility they have. Last week at the Regional Finance Committee, I was encouraged by the discussion generated there with the result Mr. Curtis, Regional Works Commissioner has been directed to contact Barry Friesen who is now involved in Niagara's waste problem. By the way, Niagara recently decided against incineration. Mr. Friesen was the solid waste director for the Ministry of Environment and Labour in Nova Scotia and in Mr. Curtis's own words is regarded a$ the guru of landfills. Much of what I have talked about today is taken from a paper written by Paul Connett and Bill Sheehan called" A Citizens' Agenda for Zero Waste", It's available on the internet at www,grm.org, Finally, and back to the more immediate problem here at Clarington, I commend the staff for recommending an independent review before proceeding further down the road to incineration. I would suggest to Council that here is an opportunity for you to show leadership by saying NO to being a willing host and NO to incineration, [I] " Citizens' Agenda for Zero Waste", Paul Connett and Bill Sheehan May 28, 2007. Re: Durham/Y ork Residual Waste EA - Report PSD-070-07 - Peer Review Studies Mr. Mayor, Councillors, Ladies and Gentlemen: First, I would like to publicly thank all four local councillors for their support ofthe Staff recommendations in Report PSD-070-07. I urge you to remain firm and ratify that decision tonight. It is imperative that you continue to keep the interests of the public you serve, and the Municipal Corporation, front and center as we move through this EA process. We may have to rely on you heavily throughout this EA because ifrecent committee debate is any indication, it seems to me our Mayor and regional representatives may have their priorities confused. Second, I would like to thank staff for working their way through this quagmire of confusing political recommendations, and correctly noting the difference between "Peer Review Studies" and "Other Studies". Their May 25th memo clearly differentiates between what would be required to ensure that Clarington undertakes its independent due diligence, and what peer reviews would be required of the Region's EA related studies. One thing that must be made clear to all about the costs of the "Other Studies" is who would pay for these. On April 1 ih, Mayor Abernethy brought forward a motion at Joint Works and Finance Committees, which amended Clause 20 of Attachment 1 to Report 2007-J-14. His amendment added the following: "And further, the total of such costs shall be deducted from the combined royalty fee, if any, and not otherwise". The effect of this is that if we were to become a host community for the incinerator, in addition to all the other potential impacts we would now also have to pay for the cost of the "other studies", studies required to do our due diligence in response to a regionally driven project. I attended Clarington Council the night before and recall no discussion around such a proposal. Whose interests were you protecting with that motion at Regional Joint Committee? Did you have Clarington Council's endorsement? Mr. Mayor, I believe you owe us an explanation tonight, in a public forum. (Here's something else for everyone to think about: if we don't become a willing host community, we won't have to pay for the costs of those "other studies" - the cost would be borne by the Region!) Some of you may have read the news article I forwarded this afternoon, that the Council of East Gwillimbury voted unanimously that they will not be a willing host for the proposed York Durham incinerator. I hope you are already thinking of properly structured consultation sessions in Clarington, in addition to the EA sessions hosted by the proponents, to address those issues. It is imperative that tonight, Clarington Council send a clear unequivocal message to Durham Region, and by extension to both proponents that we will do our independent Linda Gasser 1 due diligence and undertake the required due diligence studies, and we will undertake the necessary peer reviews. I am confident that Durham Region Council doesn't want a heated public bicker fest around how much the Region is willing to pay to ensure that our public health is protected, that our natural environment and resources are not impacted, that potential host community issues are addressed to our satisfaction, that it is we who will make our decisions around whether or not we would be a willing host, and, that the economics of the project are fully understood by all. Last week, many delegations supported revisiting the full range of reasonable alternatives, and most specifically Zero Waste initiatives that would reduce our residual waste stream. Zero Waste was screened out early in the Terms of Reference, but, anyone understanding EA knows that the Terms of Reference are a minimum framework for the EA study - the study could be expanded and the ToR interpreted in any number of ways to increase the scope of the EA. As I mentioned last week in my comments, it is now evident that Regional Council did not know many details about potential human health and environmental impacts when they made those decisions. This Regional Council decision appears to be a political decision based on incomplete information that should be revisited now before the study progresses any further. I believe that Regional Council's decision could be revisited after the one-year anniversary i.e. June 21 st, without requiring an enhanced majority - the Clerk could advise you on that matter. Staff indicate in Section 4.1.1 of the report that they would only review the Alternatives To report if directed by Council to do. Please direct them accordingly, as this information is fundamental to ensuring that we could be confident that, prior to the Region spending upwards of $250 mio dollars, prior to our possibly becoming an unwilling host community, we would know that reasonable alternatives appropriately considered. A review of the Alternatives To report is consistent with your April 16th motion, where you ask that: staffbe directed to examine comprehensively all the documentation prepared to date.. ..". This review could also provide evidence for a future EA appeal if that were required, something Clarington may be highly motivated to do if the Region were to act in a heavy handed manner, and not carry out the EA study in a manner that is fair, transparent and supportable Getting stuck with a very expensive project without knowing why would surely have a political downside. I urge you all to keep Clarington's interests front and center during this EA and take the time to do your own thinking and due diligence. If this project is ultimately not good for Clarington, by extension it will not be good for the Region. Linda Gasser 2 To reiterate, I urge you to support the staff recommendations in the Report, and I respectfully request that Council direct staff to review the Alternatives To report as it is an integral part ofthe EA documentation review. Thank you for your attention. Linda Gasser Linda Gasser 3