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HomeMy WebLinkAbout01/12/2009 Council Agenda - 2 - January 12, 2009 1 - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated November 14, 2008 1 - 5 Minutes of the Ganaraska Region Conservation Authority dated December 11, 2008 1 - 6 Sandra Kranc, City Clerk, City of Oshawa —Ajax Council's Request for Review of Regional Council Composition 1 - 7 L. Deveaux, Veltri & Son Limited — Extending Existing Bus Route to Newtonville 1 - 8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax—Ajax Official Plan Review — Status Update 1 - 9 Debbie Leroux, Clerk, Township of Uxbridge — Protection of Agricultural Land Within the White Belt 1 - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO Transit— New Service on the Lakeshore East Line 1 - 11 Sandra Kranc, City Clerk, City of Oshawa — Protection of Agricultural Land Within the White Belt 1 - 12 Richard Toms, Executive Director, the Visual Arts Centre of Clarington (VAC) - Strategic Plan 2009-2011 — "Encouraging the Creative Impulse" 1 - 13 Shirley McLean - Objecting to the Proposed "Energy-From-Waste" Facility 1 - 14 Carol Hooper- Objecting to the Proposed "Energy-From-Waste" Facility 1 - 15 Jeffrey A. Abrams, City Clerk, City of Vaughan —The Cosmetic pesticides Ban Act Draft Regulations 1 - 16 Association of Municipalities of Ontario (AMO) Member Communication — Public Review Period for Draft Information and Communications Standard 1 - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham — Interim Property Tax Levy 1 - 18 Alfred Frendo Cumbo — Parking By-law Enforcement on Kingsview Court 1 - 19 John O'Toole, MPP, Durham — Highway 401 Interchanges at Liberty Street and Waverley Road Council Agenda - 3 - January 12, 2009 1 - 20 Gary McNeil, Managing Director, & CEO, GO Transit— Security and Safety at GO Stations 1 - 21 Leesa Venning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association — Letter of Appreciation for Municipal Grant 1 - 22 Peter Hume, President, Association of Municipalities of Ontario (AMO) extension of the Federal Gas Tax Fund Schedule of Payments 1 - 23 Ministry of Municipal Affairs and Housing News Release — Improved Energy Efficiency Standards for New Homes 1 - 24 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors — 2008 Assessment Update 1 - 25 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors — Current Value Interpretation 1 - 26 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing — Ontario Municipal Partnership Fund (OMPF) Allocations 1 - 27 Roland Murphy, Major, Community & Family Services Coordinator, The Salvation Army Bowmanville — Letter of Appreciation for Support 1 - 28 Confidential Correspondence regarding an identifiable individual 1 - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning Department, Regional Municipality of Durham - Growth Implementation Study— Phase 5, Final Recommended Growth Scenario and Policy Directions 1 - 30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax - Comments on the Proposed Terms of Reference for Drinking Water Source Protection Plans Receive for Direction D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham - "Purple Day for Epilepsy" D - 2 Lucien Lambier and Donna Fletcher— Kendal Crown Land Issues D - 3 Tim Kehoe, Director, International Centre for Municipal Development, Federation of Canadian Municipalities (FCM) - Awards for Outstanding International Volunteer Contribution • arm n Energising Ontario DATE: MONDAY, JANUARY 12, 2009 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held December 8, 2008 PRESENTATIONS There are no Presentations Scheduled for this Meeting. DELEGATIONS (List as of Time of Publication) a) Richard Toms, Executive Director, The Visual Arts Centre of Clarington — Strategic Plan — 2009 — 2011 "Encouraging the Creative Impulse" (Correspondence Item I — 12) b) Hannu Halminen regarding Report PSD-008-09 —Application for Removal of Holding, Prestonvale Land Corporation and Paul Lyskyk Family Trust (Item 7 of Report#1) COMMUNICATIONS Receive for Information 1 - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated September 18, 2008 1 - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 16, 2008 1 - 3 Minutes of the Clarington Highway 407 Community Advisory Committee dated December 3, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 4 - January 12, 2009 D - 4 Mike Gazo, Perfect Party Inc. — Snow Clearing By-law 93-144, As Amended D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch, Mayor, Township of East Ferris — Request for Financial Assistance D - 6 Sandra Kranc, City Clerk, City of Oshawa - Pival International Inc. — Application for Sufferance Warehouse D - 7 Angela Quinn - Cage Free Hens D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont - Bill 50, The Provincial Animal Welfare Act, 2008 D - 9 Association of Municipalities of Ontario (AMO) Member Communication Alert— Support of AMO Position on the Waste Diversion Act and the Blue Box Program Plan Review D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario — Purchase of Eggs as a Local Sustainable Procurement Practice D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and Glengarry - Payment for Indigent Funerals D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington — Letter of Support COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of January 5, 2009 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Mayor Abernethy, seconded by Councillor Hooper "WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; Council Agenda - 5 - January 12, 2009 AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves "no waste in the Region of Durham by 2038", such "NoWaste by '38 Plan" to include the following objectives: 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region's residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi- residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham "NoWaste by '38 Plan" include the following initiatives: 1. Reinstate the Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide "no waste" solution by 2038; 2. If feasible, to recommend to Regional Council the steps necessary to implement a "NoWaste by '38 Plan"; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia; and THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support." Council Agenda - 6 - January 12, 2009 UNFINISHED BUSINESS 1. Report PSD-007-09 — Commercial Recreational Vehicle Storage BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT lLLlll 11 Leadins the Way Council Meeting Minutes DECEMBER 8, 2008 Minutes of a regular meeting of Council held on December 8, 2008, at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 10:01 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. ANNOUNCEMENTS Councillor Woo announced the following:. • He attended the Repatriation Ceremony this afternoon for three Canadian soldiers killed in Afghanistan advising that despite the cold and delay of the motorcade, a large gathering of supporters remained on the bridge. Councillor Woo extended sympathy to the soldiers' families, friends and comrades overseas. • On December 9, 2008, the "Power to Connect" Business Women's Networking Meeting will be held at Bobby C's, Port Darlington Marina at 6:30 p.m. All female entrepreneurs are welcome to attend. Council Meeting Minutes - 2 - December 8, 2008 • He attended the 172 Air Squadron Christmas Dinner and Awards Night. Councillor Novak announced the following: On Thursday, December 4, 2008, she attended The Big Move: Transforming Transportation in the Greater Toronto and Hamilton Area held at the Oshawa Golf Club. The presentation provided a good template to move forward with the transportation Plan. She attended the CPR Holiday Train event on December 1, 2008. • Two open houses were held at Lydia Trull Elementary School regarding the Clear Bag Pilot Study. A number of residents attended the information sessions. • She had the great honour of attending the Crossing Guards Christmas Party and assisted in the presentation of long-service awards. Councillor Novak noted that among the recipients there were three Crossing Guards who have attained 15 years of service with the Municipality. • The Farmers' Festival of Lights was held in Enniskillen on Wednesday, December 3, 2008, and had a very good turn-out. • On December 6, 2008, she attended the Clarington Older Adult's Christmas Dance at the Beech Centre. Councillor Hooper announced the following: • The CPR Holiday Train made a stop in Bowmanville on December 1, 2008. There was a huge turnout and 3,500 pounds of non-perishable food items were donated to Salvation Army, St. Vincent de Paul and the Clarington East Food Banks. Councillor Hooper thanked Municipal staff, volunteers, and emergency personnel for their contribution to the successful event and also thanked the Old Bowmanville Neighbourhood Association for bringing the event to the Municipality's attention. • On Saturday, December 6, 2008, he attended the Clarington Older Adult Association Dinner and Dance. The La Jeunesse Youth Orchestra entertained. • On Thursday, December 18, 2008, the Clarington Older Adult Association will host a Christmas concert with the Clarington Concert Band performing. • He extended Season's Greetings to all on behalf of the Clarington Older Adult Association. • Today, he and Councillors Novak and Trim attended a function at St. Elizabeth School and helped serve lunch. Council Meeting Minutes - 3 - December 8, 2008 Mayor Abernethy announced the following: • Veridian Connections Inc. has joined The United Way's Winter Warmth Program, an initiative to help families in need with their energy bills during the winter months. Information about the program can be obtained by contacting Veridian. • The Rotary Club of Bowmanville is selling Christmas trees beside McDonalds in Bowmanville. MINUTES Resolution #C-561-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on November 24, 2008, be approved. "CARRIED" PRESENTATIONS Inspector Charlie Green, Durham Regional Police Services, addressed Council to provide an update on Police Services in Clarington and to respond to concerns with respect to staffing issues in 16 Division. Inspector Green stated all vacancies within 16 Division will be filled as of January 2009, and that the Division will be in the best position it has been for the last two years. Inspector Green advised that an in-depth report on issues surrounding the skateboard park in Courtice has been completed by a crime analyst and copies will be forwarded to Members of Council prior to the Christmas break. He noted with extra resources in the Division, the skateboard park will be addressed on an on-going basis in the New Year, including increased enforcement. He also indicated that he will do his utmost to have the bike patrol out next summer in parks and outdoor activity areas. Inspector Green provided statistics on the 2008 Ride Program indicating that fewer cars have been stopped but that more arrests have been made. He stated that the number one criminal cause of death is impaired operation of a vehicle and although this is the 20th year of the Christmas Ride Program in Durham Region, drinking and driving remains a problem in most communities across the country. Inspector Green responded to questions from Members of Council regarding tagging and the importance of taking a proactive approach to eradicate tagging. He also discussed the importance of the DRAVIS program, the Durham Regional Police Anti-Violence Intervention Strategy, a provincially funded crime prevention initiative and discussed the community's involvement and understanding of crime prevention, which is at the core of the DRAVIS program. Inspector Green also confirmed that as the DRPS is a Regional Police Service, the Municipality benefits from the major divisions of the service including the crime unit, robbery unit, etc. Council Meeting Minutes - 4 - December 8, 2008 Inspector Green confirmed that there will always be issues and that the police cannot solve all problems alone and that they rely on the public, elected officials, and other emergency services to work together to keep Clarington safe and a great place to work and play. Dr. Neil Alexander, President, Association of CANDU Industries, addressed Council to provide an overview of the benefits of nuclear energy to Ontario and the nuclear industry's worldwide expansion and the potential economic impact on the Municipality of Clarington and the Region of Durham. Dr. Alexander stated the Province's decisions to move forward with new nuclear build and to site the expansion at Darlington will help strengthen the Region's economic position. Through use of a PowerPoint presentation, Dr. Alexander reviewed opportunities that arise with building new nuclear reactors and focused on three viewpoints — Leadership, Market and Values. Dr. Alexander confirmed a nuclear renaissance is taking place as can be seen by activity in the last year and reviewed reactor orders from 2000 to 2009, noting the North American market is opening up again. He noted Canada is in a strong leadership position and has been very successful in selling nuclear reactors abroad and there are considerable sums of money in the nuclear industry. Dr. Alexander noted the industry has special aspects that make it beneficial for the fabrication and inspection audit to take place in proximity to where the knowledge exists. Dr. Alexander stated the University of Ontario Institute of Technology (UOIT) is taking a leading role in training workers for the nuclear industry and has established itself closely with ACL. He noted there is an opportunity to start a cluster of knowledge in Durham Region and to look for companies that will bring this knowledge into the area. He confirmed the value of exporting a two-unit CANDU station would add 17,039 person years of employment in Canada, add more than $1 billion to the Canadian Gross Domestic Product and add hundreds of millions of dollars to the manufacturing sector. He also stated that the value of the potential market would result in hundreds of thousands of person years of new employment and tens of billions in Ontario's GDP. Dr. Alexander stated regardless of the type of reactor built, construction will create numerous jobs in the short-term and by keeping the knowledge in the Province, and specifically in the Region, there will be an opportunity to expand on the industry. Nancy Taylor, Director of Finance/Treasurer conducted a PowerPoint Presentation entitled "Province-Wide Property Reassessment". Ms. Taylor stated the Province has made a number of changes to the property tax assessment system including the introduction of a four-year assessment update cycle and a phase-in of assessment increases and provided an explanation as to how the Phase-In works. She noted decreases will not be phased in but will be experienced immediately. Ms. Taylor stated it is important to note that the Municipality derives budget revenue from growth and that reassessment is revenue neutral to the Municipality. She reviewed assessment growth, reassessment or valuation changes and highlighted valuation change examples and tax impacts of reassessment. Ms. Taylor stated taxpayers need to be aware that if there have been physical changes to their property, they have both a growth impact and a reassessment impact. Council Meeting Minutes - 5 - December 8, 2008 She noted that whenever reassessment is undertaken, assessment-related tax shifts happen; however, the municipality does not receive any additional tax revenue. Ms. Taylor clarified that tax shifts can occur between properties within a class (i.e. residential), across classes (i.e. shift from commercial to residential), between lower tiers in a two-tier system, and by municipality across the province. She highlighted important dates to remember including the deadline of March 31, 2009 for a request for reconsideration and urged the public to verify the property specific information on their notices and contact MPAC as soon as possible to correct errors. Ms. Taylor also advised of a new Ontario Senior Homeowners Property Tax Grant administered as part of the Provincial income tax return. She referred members of the public to "AboutMyProperty" at MPAC's website www.mpac.ca to obtain detailed information on up to 24 additional properties which will help to determine the accuracy of their assessment. Ms. Taylor also suggested that a copy of her presentation be made available on the municipality's website at www.clarington.net for the public's information. Resolution #C-562-08 Moved by Councillor Woo, seconded by Councillor Trim THAT Council recess for ten minutes following the delegation of Aiden Tombs and Emily Manns. "CARRIED" DELEGATIONS Aiden Tombs and Emily Manns addressed Council concerning Item 18 of Report #1 - Proposed Idling Control By-Law. Ms. Manns acknowledged current problems with the state of the economy and fluctuating gas prices and stated that reducing idling would save the environment and stabilize gas prices. She noted air pollution has caused 5,000 premature deaths. Mr. Tombs stated a recent newspaper article had questioned whether the by-law was enforceable and it is his opinion that it would be. He advised that as a concerned citizen, he would inform people of the impacts idling has on the environment and report offenders, if necessary. Ms. Manns stated they have provided Council with enough information to vote to enact this by-law and feel that the environment and health of fellow citizens cannot wait much longer. Mr. Tombs feels that Clarington will fall behind quickly and that the Municipality needs to take a leadership role and implement this by-law immediately. The meeting recessed and reconvened at 9:21 p.m. Council Meeting Minutes - 6 - December 8, 2008 Nadia McLean-Gagnon addressed Council regarding By-law 2008-205 being a by-law to amend the Procedural By-Law to limit the time for presentations to Council to ten minutes. Ms. McLean-Gagnon stated as a concerned citizen and teacher, speaking on behalf of her students, she feels freedom of expression is a fundamental right and quoted the Canadian Charter of Rights and Freedoms' right to free speech. Ms. McLean-Gagnon stated at this time when Canada's economy and government is in severe crises, she feels elected officials should realize that there is a need to establish a relationship with their constituents to allow for public participation in decision-making. She noted local government touches the day-to-day lives of the residents of a community and that a gag should not be placed on the voices of the citizens who recognize the same problems as the elected officials and who simply want to protect the community in which they live. Ms. McLean-Gagnon feels that Council should not be alienating the public but should put more effort into helping the community work together to solve problems. COMMUNICATIONS Resolution #C-563-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 6, 1 - 11, and I - 13. "CARRIED" I - 1 Minutes of the Santa Claus Parade Committee dated November 11, 2008. 1 - 2 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to the Honourable Dwight Duncan, Minister of Finance and Chair of the Management Board, requesting the Ministry of Finance to reconsider the implementation of new assessments in light of the economic downturn and that the request for reconsideration deadline be extended for a further six-month period. 1 - 3 P. M. Madill, Regional Clerk, Region of Durham, writing to Wanda Stephen, Acting General Manager, Kawartha Region Conservation Authority, advising that on November 19, 2008, Regional Council adopted the following resolution pertaining to Regional Comments on A Review of the Kawartha Region Conservation Authority: Council Meeting Minutes - 7 - December 8, 2008 "a) THAT the Region confirm its support for the continuation of the Kawartha Region Conservation Authority and urge the Authority Board to proceed to implement the findings of A Review of the Kawartha Region Conservation Authority; and b) THAT a copy of Report#2008-P-86 of the Commissioner of Planning be forwarded to the Kawartha Region Conservation Authority, the Townships of Brock and Scugog, and the other member municipalities." 1 - 4 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors providing an update on MPAC's 2008 activities in support of changes to the property assessment system in the 2007 and 2008 Ontario Budgets, the assessment update, and their commitment to customer service excellence. The correspondence indicates that although the bulk of MPAC's activities have been focused on the 2008 assessment update, they are equally committed to implementing activities including stakeholder outreach, participation at the annual Association of Municipalities of Ontario (AMO) Conference, a new Customer-Centred Corporate Strategy, service delivery, implementation of the Ombudsman's recommendations and assessment complaints regarding the downtown Toronto office complexes collectively known as the Bank towers. 1 - 5 Katie Cronin-Wood, Communications Lead, Central East LHIN and Leigh Winn-Kruck, Communications, Lakeridge Health, advising that the Central East LHIN has designated Lakeridge Health Oshawa as a District Stroke Centre; that the designation will allow the hospital to hire specialized clinical staff and to purchase clot busting drugs that can be quickly administered to minimize the effects of a stroke; and, that the Stroke Centre will provide close to home care for Durham Region stroke patients who previously had to travel to Toronto, Barrie, York Region or Peterborough to access these services. 1 - 7 Paul Andre Larose, Ph.D., expressing concern with the gradual erosion of free expression at Clarington Council; forwarding a series of quotes relating to freedom that illustrate, from an historical perspective, the perils of tempering with freedom; and, reminding Council of the long-term consequences of what appears at first sight to be a convenient political expedient. Council Meeting Minutes - 8 - December 8, 2008 1 - 8 Linda Gasser expressing opposition to the direction to staff to prepare an amendment to the Procedural By-law to limit the duration of presentations to Council to ten minutes without the benefit of understanding options and impacts and expressing concern with the systematic dismantling of processes that allow the public to participate in decisions affecting the community. 1 - 9 Doug Abernethy, Founder, Ontario RAID (Report All Impaired Drivers), advising the Ontario Provincial Police, in partnership with RAID, are introducing a new initiative to combat drinking and driving by encouraging citizens to call OPP dispatch immediately if they suspect they have spotted an impaired driver; advising the program is currently working in over 40 OPP Detachments and that over 90,000 RAID wallet-cards have been distributed at RIDE checks by the OPP; and, indicating that resources are available for interested communities to get involved in the RAID program locally to raise public awareness and have a greater impact on impaired driving. 1 - 10 Jim Richards expressing concern that democracy is being eroded by Council with changes to the Procedural By-law in limiting delegations to speaking from ten minutes to five minutes and now proposing an amendment to the Procedural By-law to limit the time of presentations to ten minutes; requesting Council to disregard the motion to limit the time for presentations and to reinstate the ten minute allowance for delegations in an attempt to reinstate freedom and democracy; and, requesting a response, in writing, to his correspondence. 1 - 12 Doug Robertson, Project Manager, Transportation Infrastructure, Transportation and Field Services Branch, Region of Durham, writing to the TDL Group Corp. regarding Tim Hortons store site modifications at the southwest corner of Waverley Road and Baseline Road; confirming that the Region will not proceed with the closure of the right-in access from Regional Road 57 based on the commitment by TDL to start construction of improvements at the site as soon as possible to implement a permanent solution to the queue spilling back issue at the location; and, advising the Region has retained the right to close the right-in access from Regional Road 57 if they are not satisfied that reasonable progress has been made on the site improvements. 1 - 14 Karen Branch advising she is not pleased with being forced to be part of a pilot program for clear plastic bags and will not be a willing participant and questions the enforcement process. Ms. Branch feels that Clarington residents should not have to pay taxes for refuse collection because of the planned incinerator. Council Meeting Minutes - 9 - December 8, 2008 1 - 6 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on November 19, 2008, Regional Council adopted the following resolution pertaining to the Growing Communities Healthcare Alliance - Durham Region's Hospital Funding Gap: °WHEAREAS Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; WHEREAS the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the provincial rate; WHEREAS population growth in these regions will further intensify due to Ontario's 30-year growth plan, Places to Grow; WHEREAS as of 2008/09 Ontarian's residing in the Local Health Integration Networks (LHINs) with high growth communities are receiving $258 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services and these provincial funding gaps worsen each year; WHEREAS Durham residents as part of the Central East LHIN are receiving $229 less per resident in provincial funding for local hospital services when compared to the average Ontarian, which translates into a $345 million annual operating funding gap for local hospital services; WHEREAS more than four million Ontarians living in high growth communities are receiving $218 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $708 million annual operating funding gap for local provincially funded social services — and these provincial funding inequities also worsen each year; WHEREAS the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; Council Meeting Minutes _ 10 - December 8, 2008 WHEREAS the provision of$30 million in hospital growth funding for 2008/09 still means that the provincial funding gap for hospital care continues to widen in high growth communities; WHEREAS the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; BE IT RESOLVED THAT in order to improve timely and local access to hospital care in the Region of Durham and across high growth communities in Ontario, the Durham Regional Council asks that the Government of Ontario: 1. Speed up implementation of the $100 million hospital growth funding commitment ensuring that growth funding is targeted to high growth hospitals and provide growth funding for social services; 2. Quickly implement a 'Health Based Allocation Model' (HBAM) i.e., population-needs-based-funding for provincial hospital and health care services and develop a population-needs-based funding formula for social services; and 3. Develop a health care and social services growth plan for Ontario high growth communities to complement Places to Grow; AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs in Durham Region, High Growth Communities Mayors and Chairs, and the Central East LHIN." Resolution #C-564-08 Moved by Councillor Woo, seconded by Councillor Foster THAT the rules of procedure be suspended to allow for a motion to reconsider Resolution #C-476-08 passed on September 29, 2008. "CARRIED" Council Meeting Minutes - 11 - December 8, 2008 Resolution #C-565-08 Moved by Councillor Woo, seconded by Councillor Foster WHEAREAS Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; WHEREAS the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the provincial rate; WHEREAS population growth in these regions will further intensify due to Ontario's 30-year growth plan, Places to Grow; WHEREAS as of 2008/09 Ontarian's residing in the Local Health Integration Networks (LHINs) with high growth communities are receiving $258 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services and these provincial funding gaps worsen each year; WHEREAS Durham residents as part of the Central East LHIN are receiving $229 less per resident in provincial funding for local hospital services when compared to the average Ontarian, which translates into a $345 million annual operating funding gap for local hospital services; WHEREAS more than four million Ontarians living in high growth communities are receiving $218 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $708 million annual operating funding gap for local provincially funded social services —and these provincial funding inequities also worsen each year; WHEREAS the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; WHEREAS the provision of$30 million in hospital growth funding for 2008/09 still means that the provincial funding gap for hospital care continues to widen in high growth communities; WHEREAS the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; Council Meeting Minutes - 12 - December 8, 2008 BE IT RESOLVED THAT in order to improve timely and local access to hospital care in the Region of Durham and across high growth communities in Ontario, the Durham Regional Council asks that the Government of Ontario: 1. Speed up implementation of the $100 million hospital growth funding commitment ensuring that growth funding is targeted to high growth hospitals and provide growth funding for social services; 2. Quickly implement a `Health Based Allocation Model' (HBAM) i.e., population-needs-based-funding for provincial hospital and health care services and develop a population-needs-based funding formula for social services; and 3. Develop a health care and social services growth plan for Ontario high growth communities to complement Places to Grow; AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs in Durham Region, High Growth Communities Mayors and Chairs, and the Central East LHIN. "CARRIED" 1 - 11 Wayne Blackburn questioning whether Council has considered putting the Total Hockey collection on display.at Clarington sports centres so that the residents of Clarington have the opportunity to view it indefinitely. Resolution #C-566-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence I - 11 from Wayne Blackburn with respect to the Total Hockey collection be referred to the Director of Community Services. "CARRIED" 1 - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 19, 2008, Regional Council adopted the following resolution pertaining to the Clear Bags Pilot Study Objectives and Procedures: Council Meeting Minutes - 13 - December 8, 2008 "a) THAT the clear bag pilot study be limited to a three (3) month duration from January 12 to April 10, 2009 for approximately 1,500 homes within two (2) distinct routes, one (1) each in the City of Pickering and the Municipality of Clarington; b) THAT the collection and enforcement process for the clear garbage bag pilot program be based on the following process: i) THAT the first two collections be an 'education collection' to educate residents on the requirements of the clear bag program; ii) THAT the second two collections be an 'audit collection' to evaluate the remaining diversion potential; iii) THAT the Region's contractor exercise tolerance on the remaining collections when proceeding with the 'enforcement collection' when waste does not comply with the program requirements and if left at the curb, that an explanation as to why it was not collected be left; c) THAT the objectives of the clear bag pilot project will be to assess whether there is an increase in diversion and participation in the recycling/composting programs; d) THAT high-rise apartments will not be included in the clear bags pilot study; e) THAT the collection contractor institute an enforcement regime whereby non-conforming refuse be left at the curbside within the tolerance of the Region's contractor; f) THAT staff report back at the next Works Committee meeting with a complete synopsis of the communication strategy, marketing strategy and advertisement plan for the implementation of the clear bag pilot project for the City of Pickering and the Municipality of Clarington and that the synopsis include a pre- determined grace period for residents to allow them sufficient time to comply with the requirements of the pilot program; g) THAT the foregoing report be provided to all Regional Councillors and a copy forwarded to the City of Pickering and the Municipality of Clarington; and Council Meeting Minutes - 14 - December 8, 2008 h) THAT all members of Pickering and Clarington Councils, and the members of the Works Committee be informed of the dates for the hand-delivery of the notices advising of the commencement of the pilot study." Resolution #C-567-08 Moved by Councillor Foster, seconded by Councillor Novak THAT a letter of appreciation be forwarded to the Region of Durham with respect to the actions taken to date on the Clear Bag Pilot Study. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-568-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda with the exception of Items D - 4 and D - 7 to D - 11, inclusive. "CARRIED" D - 1 Josie Coscarella, expressing concern with the posted speed limit of 80 km per hour on Courtice Road North, in the vicinity of 4200 Courtice Road North, permitting vehicles to travel at a dangerously high speed in a residential environment; and, requesting the speed limit be reduced to 60 km per hour to address safety concerns. (Correspondence referred to the Region of Durham) Council Meeting Minutes - 15 - December 8, 2008 D - 2 Harold Sellers, Executive Director, Oak Ridges Trail Association (ORTA), advising over 40 km of the Oak Ridges Trail is located with the Municipality of Clarington and the Association is working with municipalities on the trail to put in place written formal agreements respecting the use of lands by ORTA for the purpose of the Oak Ridges Trail; forwarding a draft agreement for consideration addressing liability concerns, establishing standards, procedures and responsibilities for trail maintenance and providing an opportunity for ORTA and the municipality to communicate on a periodic basis; and requesting the opportunity to formalize the agreement with the Municipality for use of municipally-owned lands presently accessed by the Oak Ridges Trail. (Correspondence referred to the Director of Engineering Services) D - 3 Carol Eldridge expressing concern with the 12 hour timeframe in which homeowners must have their sidewalks cleared of snow and requesting an amendment to the By-law to change the timeframe to 18 or 24 hours to recognize the difficulty the working public has in adhering to the requirements of the by-law. (Correspondence referred to the Municipal Clerk) D - 5 Mike Sawchuck, Community Program Officer, Ontario Heritage Trust, extending an invitation to the Municipality to participate in Doors Open Ontario 2009, an Ontario Heritage Trust province-wide cultural heritage tourism program, a program which raises awareness of local history and heritage sites, garners media attention and promotes civic pride; forwarding a Doors Open Ontario 2009 Registration Form and Information Guideline; and advising the deadline to submit the registration form and $1,500 registration fee is December 19, 2008. (Correspondence referred to the Director of Planning Services) D - 6 Heather and Joanne McFarland, Event Organizers, Clarington Polar Bear Swim, requesting approval for members of Clarington Fire Station 2 to attend the 7th Annual Clarington Polar Bear Swim to raise awareness of the urgent need of organ and tissue donations and to raise awareness and support for liver disease research. Last year, $4,500 was presented to The Hospital for Sick Children. (Request approved) Council Meeting Minutes - 16 - December 8, 2008 D - 4 Peter DeJong, Chairperson, Newcastle Community Hall Board, requesting that the Board's one full-time employee be added to the Municipality's benefit package for medical/dental coverage for 2010; and, advising that the Board would assume responsibility for the cost of this addition to the package. Resolution #C-569-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D —4 from Peter DeJong, Chairperson, Newcastle Community Hall Board with respect to an addition to the Municipality's benefit package be referred to the Director of Corporate Services. "CARRIED" D - 7 Alex Mitchell, City Clerk, City of Cambridge advising Council that on November 17, 2008, the City of Cambridge adopted the following resolution pertaining to property tax assessment: "WHEREAS significant changes have occurred to the process of reassessing of properties since the last reassessment completed in 2005; WHEREAS the Government of the Province of Ontario through the introduction of Bill 187 and Bill 44 has imposed the changes in response to public complaints and the recommendations that came from the Ombudsman's Report into assessment activities; WHEREAS the changes have led to a 4 year cycle for reassessing properties with the current reassessment based on January 1, 2008 values; WHEREAS the market value changes are being phased in over 4 years commencing 2009 for properties of all classes where there is an increase over and above the percentage increase in market value for the class of property from 2005 to 2008; WHEREAS for properties with a market value assessment that is below the percentage increase in market value for its class, property tax decreases will be implemented immediately; WHEREAS the economy has recently entered into a severe downturn resulting from a number of pressures both internal and external including the global financial crisis; Council Meeting Minutes - 17 - December 8, 2008 WHEREAS the forecast is for the economy to deteriorate further in 2009 with recessionary pressures in industry and.peoples day to day lives coupled with ongoing job losses; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Cambridge calls on the Honourable Dwight Duncan, Minister of Finance of Ontario, the Honourable Dalton McGuinty, Premier of Ontario and, the Government of Ontario, to do what they can to help soften the blow for Ontario residents and property owners of all classes including, a deferral of the 4 year phase in for property tax increases by 1 year from the present phase in of 2009, 2010, 2011 and 2012 to 2010, 2011, 2012 and 2013; AND FURTHER THAT the motion once approved be forwarded to all MPPs representing Waterloo Region, to the Leader of the Official Opposition, to the Leader of the 3rd party and, through AMO, to all other municipalities for their consideration. Resolution #C-570-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the City of Cambridge with respect to property tax assessment be received for information. "CARRIED" D - 8 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Board of GO Transit advising that on November 17, 2008, the City of Pickering adopted the following resolution pertaining to security and safety at GO Stations: "WHEREAS there are over 200,000 passengers on GO trains and buses every weekday; and WHEREAS there are about 50,000 parking spots available at GO parking lots used by 12 million vehicles per year; and WHEREAS GO Transit indicated that there are 350 reported incidents of theft and vandalism annually; however, GO Transit has no process for riders to report thefts and vandalism or GO to track; and Council Meeting Minutes - 18 - December 8, 2008 WHEREAS media reports and first hand information of many theft and vandalism incidents at GO Stations, including Pickering, are unreported or unrecorded by GO Transit and police; and WHEREAS many visitors indicate that they have been the victim or know someone who has been the victim of incidents ranging from vandalism and personal property theft to vehicle theft. Some cars are reported with missing lights, wheels and airbags. One media report noted that GO Transit parking lots are 'auto parts stores' for brazen thieves. NOW THEREFORE although GO Transit has made attempts to improve safety and security, more needs to be done NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests that GO Transit put in place the following measures: - provide better education to riders to protect themselves and their personal property - establish a formal reporting and tracking process through GO Transit staff and online for riders to report incidents and that through advertising, GO Transit make riders aware of the processes to report incidents to GO Transit and police - that GO Transit record and report all incidents and compile and share this information with the local police services and to riders through its newsletters and online to municipalities in which it operates - GO Transit increase staff and enforcement at GO Stations and pedestrian and parking areas to improve safety and security of property - improve lighting, particularly in well used pedestrian areas - increase closed circuit television cameras - other safety and security measures as appropriate AND FURTHER THAT a copy of this resolution be shared with Durham municipalities, the GO Transit Board, Durham Regional Police Services and MPP's for Ajax-Pickering and Scarborough East-Pickering." Council Meeting Minutes - 19 - December 8, 2008 Resolution #C-571-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the City of Pickering with respect to security and safety at GO Stations be endorsed. "CARRIED" D - 9 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, Region of Durham, advising that on November 17, 2008, the City of Pickering adopted the following resolution pertaining to Durham Region Anti-Violence Intervention Strategy: "WHEREAS the Ministry of Community Safety and Correctional Services is committed to ensuring that Ontario's communities are supported and protected by law enforcement and public safety systems that are safe, secure, effective, efficient and accountable and therefore proposed the creation of an Anti-Violence Intervention Strategy within communities in the GTA to help combat gun related violence and other street level crime; and WHEREAS the aim of the Anti Violence Intervention Strategy is to utilize intelligence already gathered to identify areas within a community where high incidents of gang activity or violence have or are likely to occur and to take a proactive approach aimed at reducing violence, increasing community safety and improving the quality of life for members of the community, who have been impacted by this type of criminal violence; and WHEREAS in 2007 the Ministry gave the approval for$510,000 to be provided to the Durham Regional Police Service to create an Anti Violence Strategy within Durham Region. The Durham Region Anti Violence Strategy (DRAVIS) was created and became operational in early 2008; and WHEREAS the City of Pickering and its residents view crime and crime prevention to be of the utmost importance and contribute to a more sustainable community through Sustainable Pickering lens of healthy society; and Council Meeting Minutes - 20 - December 8, 2008 WHEREAS it is widely believed that crime prevention cannot be accomplished without the community's involvement and understanding, which is at the core of the DRAVIS program. Officers are deployed in uniform and maintain a high level of visibility within the community by patrolling areas in marked patrol cars, on foot and during warmer weather on police bicycles. Additionally officers assigned to DRAVIS distribute, to area residents, specially printed business cards outlining the DRAVIS program and empowering the community with knowledge in order to be involved in the prevention of neighbourhood crime; and WHEREAS the DRAVIS program has been a successful program in Durham Region with the prevention of crime, empowering community members and creating more visibility of our Police Services. To date there have been 110 DRAVIS initiatives completed in Durham Region and has resulted in 2098 street checks, 507 arrests, and 16 weapons seized including 1 firearm; NOW THEREFORE the City of Pickering resolves to Minister Bartolucci, Minister of Community Safety and Correctional Services that the City of Pickering supports and requests that the Anti Violence Intervention Strategy program is continued in Durham Region and that continual funding be provided to Durham Regional Police Services in order for the operation of DRAVIS to continue throughout our region and ensure crime prevention initiatives are continued. AND FURTHER a copy of this resolution be forwarded to Sergeant Mariano, Durham Regional Police Services, Durham MP's, Durham MPP's, Durham Regional Council and all Durham municipal Councils for endorsement and further, that the endorsements be forwarded to Minister Bartolucci." Resolution #C-572-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT the resolution from the City of Pickering with respect to Durham Region Anti-Violence Intervention Strategy be endorsed. "CARRIED" Council Meeting Minutes - 21 - December 8, 2008 D - 10 David Kelly, Chair, Clarington Accessibility Advisory Committee, advising Council that on December 2, 2008, the Clarington Accessibility Advisory Committee adopted a resolution recommending that Clarington Council endorse the following resolution of the Regional Municipality of Durham pertaining to Bill 94: Social Assistance Statutes Law Amendment Act (Registered Disability Savings Plans): "a) THAT Durham Region Council supports Bill 94; b) THAT staff be directed to write a letter to the Minister of Community and Social Services indicating such support, and attaching a copy of Report #2008-A-43; and c) THAT a copy of the letter and Report#2008-A-43 be forwarded to the Premier of Ontario, Durham's MPPs, area municipalities and area Accessibility Advisory Committees." Resolution #C-573-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Clarington Accessibility Advisory Committee with respect to Bill 94: Social Assistance Statutes Law Amendment Act (Registered Disability Savings Plans) be endorsed. "CARRIED" D - 11 Jack Gibbons, Chair, Ontario Clean Air Alliance, advising the Alliance has launched a campaign to build public support for a Nuclear Cost Responsibility Act, which if enacted, would make it illegal for nuclear power companies to pass their capital cost overruns onto Ontario's taxpayers or electricity ratepayers; forwarding a copy of their Nuclear Cost Accountability Petition, fact sheet and handbill; and, requesting Council to consider signing the petition. Council Meeting Minutes - 22 - December 8, 2008 Resolution #C-574-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D — 11 from Jack Gibbons, Chair, Ontario Clean Air Alliance, with respect to support for a Nuclear Cost Responsibility Act be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report December 1, 2008 Resolution #C-575-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of December 1, 2008 be approved with the exception of Items #9 and #18. "CARRIED" Item 9 Resolution #C-576-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-077-08, Addendum and Addendum 2 to Report PSD-077-08, be received for information. "CARRIED" Item 18 Resolution #C-577-08 Moved by Councillor Trim, seconded by Councillor Woo THAT staff meet with the delegation to investigate and explore details regarding a municipal idling by-law and a written report be submitted to Council as step one of this important issue. "MOTION LOST" Council Meeting Minutes - 23 - December 8, 2008 Resolution #C-578-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CLD-035-08 be received; THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08, be approved; THAT the interested parties listed in Report CLD-035-08 be advised of Council's decision; and THAT staff engage in discussion with the delegations for future consideration. "CARRIED" STAFF REPORT(S) 1. Report CLD-036-08 - Temporary Appointment Order to Restrain Appeals 2. Report COD-070-08 - By-Law Snow Removal Service (To be Distributed Under Separate Cover) 3. Confidential Verbal Report of the Chief Administrative Officer Regarding Personnel Matters Resolution #C-579-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CLD-036-08 be received; THAT Tom Vendrasco, Municipal Law Enforcement Officer, be appointed to conduct Order to Restrain Appeal hearings during the absence of the Manager of Municipal Law Enforcement; and THAT the necessary by-law be approved by Council. "CARRIED" Council Meeting Minutes - 24 - December 8, 2008 Resolution #C-580-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-070-08, be received; THAT D & F Snow Removal, Bowmanville, Ontario, with a total bid in the amount of $11,712.00 for all sections including Section I, Courtice and Hampton, Section 2, Bowmanville and Section 3, Clarington East and Orono, excluding GST, being the lowest responsible bidder meeting all terms, conditions and specifications of quotation Q2008-32, be awarded the contract for Snow Clearing for the term commencing immediately and expiring on November 30, 2009; THAT pending satisfactory service the contract be extended for a second and third year; and THAT the required funds be drawn from the respective year's operating budget for snow clearing. "CARRIED" Resolution #C-581-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving verbal reports with respect to personnel matters. "CARRIED" The meeting resumed in open session at 10:42 p.m. The Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. During the closed session, the Chief Administrative Officer provided verbal reports with respect to three personnel matters. Resolution #C-582-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the recommendations of the Chief Administrative Officer with respect to the personnel matters be endorsed. "CARRIED" Council Meeting Minutes - 25 - December 8, 2008 BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-583-08 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS the Municipality of Clarington's Development Charges By-law No. 2005- 108, as amended by By-Law No. 2008-104 and By-Law 2007-195 and By-Law 2006- 160, provides for annual indexing to next take place on January 1, 2009; WHEREAS By-Law 2005-108 as amended, provides for a phasing schedule whereby the final component of the phase-in schedule approved June 9, 2008 is effective on January 1, 2009; and WHEREAS Council is concerned over the combined impact of both the indexing and the phase-in resulting in a 25% increase in the development charges quantum during a time of economic uncertainty; NOW THEREFORE BE IT RESOLVED that staff be directed to: 1. prepare a draft amendment to By-law 2008-108 to defer the final component of the phase-in increase from January 1, 2009 to July 1, 2009, and to hold the necessary public meeting so that Council can consider the amendment as early as possible in 2009; and 2. not increase the existing charge on January 1, 2009 for the phase-in increase, but rather pending consideration by Council of the amendment to the By-Law, just increase it on that date by the indexing component of By-law 2008-108 as is standard practice in all municipalities. "CARRIED" UNFINISHED BUSINESS Resolution #C-584-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Addendum 3 to Report PSD-077-08 be received; THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a wider range of commercial uses on the lands owned by Bowmanville Creek Developments Inc. be approved as indicated in Attachment 1 to Addendum 3 to Report PSD-077-08 and that the necessary by-law be passed at such time as the applicant has brought their accounts with the Municipality up to date; Council Meeting Minutes - 26 - December 8, 2008 THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be approved and that the by-law as contained in Attachment 2 to Addendum 3 to Report PSD-077-08 be passed at such time as the applicant has brought their accounts with the Municipality up to date; THAT, subject to Recommendation 5 of this resolution, an exception to the Municipality's policy and practice be granted to provide for a private open space'area within the valley lands on an area of approximately 1.6 hectares, provided that a hotel containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15; THAT prior to adopting the proposed amendments, an agreement of purchase and sale be made between the applicant and the Municipality to the satisfaction of the Municipality's Solicitor providing for the transfer of the fee simple interest and possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years following the date when the zoning by-law comes into effect a hotel which satisfies Recommendation 4 of this resolution has not been constructed on the lands zoned (H) C5-15; THAT an appropriate by-law be passed for the Mayor and Clerk to execute an agreement; THAT copies of Report PSD-077-08 and Addendums and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-077-08 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-585-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the presentation of Inspector Green be received with thanks. , "CARRIED" Resolution #C-586-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Dr. Neil Alexander be received with thanks. "CARRIED" Council Meeting Minutes - 27 - December 8, 2008 Resolution #C-587-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the presentation of Nancy Taylor, Director of Finance/Treasurer be received with thanks. "CARRIED" Resolution #C-588-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the delegation of Nadia McLean-Gagnon be received with thanks. "CARRIED" BY-LAWS Resolution #C-589-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-205 to 2008-216 inclusive; 2008-205 Being a by-law to amend By-law 2007-227, a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees 2008-206 Being a by-law to authorize entering into an agreement with the Owners of 73 Cherry Blossom Crescent, Courtice, Paul and Sharon Jefferson, and the Corporation of the Municipality of Clarington in respect of minor variance application A2008-0023 2008-207 Being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended 2008-208 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management Council Meeting Minutes - 28 - December 8, 2008 2008-209 Being a by-law to establish certain lands as public highway, assume them for public use and name them 2008-210 Being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2008-211 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2008-212 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2008-213 Being a by-law to authorize the execution of an agreement between the Municipality of Clarington and 511060 Ontario Limited respecting a Front-Ending Agreement between Schickedanz Bros. Limited and the Municipality dated September 25, 1995 which is registered on title to Lots 13 to 18, inclusive, on registered Plan of Subdivision 40M-2094 2008-214 Being a by-law to repeal By-law 92-81, a by-law to designate the property known for municipal purposes as 27 King Street West, Bowmanville, as a property of historic or architectural value or interest under the Ontario Heritage Act 2008-215 Being a by-law to amend Clarington Traffic By-law 91-58 by prohibiting excessive idling of vehicles in the Municipality of Clarington 2008-216 Being a by-law to amend By-law 2006-227, as amended, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein; and, THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Novak distributed a scenario being presented to the Region of Durham regarding the Grow Durham Study and requested Members of Council to contact her if they had any questions. Council Meeting Minutes - 29 - December 8, 2008 Councillor Hooper advised that at the Accessibility Advisory Committee meeting Joe Caparelli and Judy Turner, Region of Durham provided an update on pedestrian signals indicating that the timing of the signals at King Street East and Simpson Avenue meet the industry standards. They also indicated that the signals at King Street East and Liberty Street will have audible signals installed in the near future. CONFIRMING BY-LAW Resolution #C-590-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-218, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 8th day of December, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-591-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 10:51 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS January 12, 2009 a) Richard Toms, Executive Director, The Visual Arts Centre of Clarington — Strategic Plan — 2009 — 2011 "Encouraging the Creative Impulse" (Correspondence Item I — 12) b) Hannu Halminen regarding Report PSD-008-09 —Application for Removal of Holding, Prestonvale Land Corporation and Paul Lyskyk Family Trust (Item 7 of Report#1) SUMMARY OF CORRESPONDENCE JANUARY 12, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated September 18, 2008. (Copy attached) 1 - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 16, 2008. (Copy attached) 1 - 3 Minutes of the Clarington Highway 407 Community Advisory Committee dated December 3, 2008. (Copy attached) 1 - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated November 14, 2008. (Copy attached) 1 - 5 Minutes of the Ganaraska Region Conservation Authority dated December 11, 2008. (Copy attached) 1 - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on November 24, 2008, the City of Oshawa received and filed correspondence from the Municipality of Clarington and the Town of Ajax on the Town of Ajax's request for review of Regional Council composition. 1 - 7 L. Deveaux, Veltri & Son Limited, forwarding a copy of correspondence to Phil Meagher, Project Manager, Long-Term Transit Strategy, Region of Durham, advising of a new subdivision currently under construction in Newtonville which will increase the community's population and requesting an investigation by Durham Transit for extended bus service to Newtonville. 1 - 8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, George Smitherman, Ministry of Energy and P. M. Madill, Regional Clerk advising that on November 24, 2008, the Town of Ajax adopted the following resolution pertaining to the Ajax Official Plan Review— Status Update: 1. THAT due to the timing of the Provincial Growth Plan conformity exercise, the Town of Ajax requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to extend the June 16, 2009 deadline that requires the Town to amend the Ajax Official Plan to conform with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) to an appropriate Summary of Correspondence - 2 - January 12, 2009 date following the approval, or resolution of any appeals to an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan; 2. THAT a copy of the staff report entitled "Ajax Official Plan Review Status Update" be forwarded to the Ministry of Energy and Infrastructure and Ministry of Municipal Affairs and Housing; and 3. THAT a copy of the staff report entitled "Ajax Official Plan Review and Status Update" be forwarded to the Durham Regional Clerk and all other Durham area municipalities for information." 1 - 9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on November 17, 2008, the Planning and Economic Development Committee adopted the following resolution pertaining to protection of agricultural land within the white belt: "THAT the Planning and Economic Development Committee for the Township of Uxbridge support Resolution 08-21 of the Clarington Agricultural Advisory Committee calling on the Region of Durham Council to support the protection of agricultural lands within the white belt through the redirection of the Grow Durham planning initiative focus." 1 - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO Transit, advising of a new evening rush hour train service on the Lakeshore East GO leaving Union Station at 5:10 p.m. running express to Pickering GO Station and serving Ajax, Whitby and Oshawa stations, commencing on January 5, 2009. The new service improvements are possible thanks to joint funding from the federal, provincial and municipal governments for the GO Transit Rail Improvement Program (GO TRIP), a $1 billion-dollar expansion initiative, through the Canada Strategic Infrastructure Fund. 1 - 11 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on November 24, 2008, the City of Oshawa adopted the following resolution pertaining to protection of agricultural land within the white belt: "THAT correspondence DS-08-486 dated October 28, 2008 from Patti Barrie, Municipality of Clarington, forwarding a resolution passed by the Agricultural Advisory Committee of Clarington regarding the protection of agricultural land within the white belt be received for information." Summary of Correspondence - 3 - January 12, 2009 1 - 12 Richard Toms, Executive Director, the Visual Arts Centre of Clarington (VAC), forwarding a copy of the Centre's Strategic Plan 2009-2011 — "Encouraging the Creative Impulse" highlighting strategic themes and goals setting out VAC's direction for the next three years. 1 - 13 Shirley McLean objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives. 1 - 14 Carol Hooper urging Council to maintain their "unwilling host" status to the proposed energy-from-waste facility; to not sign a host community agreement; to devise a Zero Waste Strategy through the Official Plan Review; and, to pull out all stops to prevent building of the EFW facility in order to protect the health of the community and the environment. 1 - 15 Jeffrey A. Abrams, City Clerk, City of Vaughan, advising Council that on December 8, 2008, the City of Vaughan adopted the following resolution pertaining to the Cosmetic Pesticides Ban Act Draft Regulations: 1. THAT the recommendation contained in the following report of the Commissioner of Legal and Administrative Services and City Solicitor, dated December 8, 2008, be approved; 2. THAT the Provincial Government be advised that in the City's perspective the Draft Regulations are narrower in scope than the City's Pesticide By-law; 3. THAT the City reiterate its position that where provincial regulation is narrower in scope, municipal by-laws that are more restrictive be allowed to prevail; and 4. THAT the City's position be communicated to AMO and GTA municipalities." 1 - 16 Association of Municipalities of Ontario (AMO) Member Communication dated December 10, 2008 announcing that the Minister of Community and Social Services, Madeleine Meilleur has extended the public review period for the Information and Communications draft standards to February 6, 2009. The proposed standard outlines how businesses and organizations may be required to provide accessible public information in various formats such as online, print, verbal and digital. Summary of Correspondence - 4 - January 12, 2009 1 - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on December 10, 2008, Regional Council adopted the following resolution pertaining to the 2009 Interim Property Tax Levy: "a THAT a 2009 Interim Regional Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each area Municipality be equivalent to 50% of their respective share of the 2008 Regional Taxes; c) THAT the 2009 Interim Regional Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; d) THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 2009 Interim Regional Tax Levy for all property tax classes; and, e) THAT the requisite by-law be approved." 1 - 18 Alfred Frendo Cumbo expressing appreciation for the response he received to parking enforcement issues on Kingsview Court; advising that he is complying with the law; and, that he will ensure that any future vehicles will comply with weight restrictions. 1 - 19 John O'Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation advising the Minister of the potentially dangerous back-up of vehicles exiting Highway 401 at Liberty Street in Bowmanville during peak traffic flow; advising the Region of Durham has adjusted signal timing on Liberty Street to reduce the impact; and, requesting that the Province review this situation and advise what long-term steps are being undertaken to re- build the Bowmanville exits and improve Highway 401 at Liberty Street and Waverley Road. 1 - 20 Gary McNeil, Managing Director, & CEO, GO Transit, responding to Debi A. Wilcox, City Clerk, City of Pickering, concerning the City of Pickering's resolution requesting safety measures to improve vehicle security and customer safety in GO Station parking lots, advising that GO Transit is concerned with theft and vandalism; and, indicating that many of the ideas referenced in the motion have been or are being implemented. Summary of Correspondence - 5 - January 12, 2009 1 - 21 Leesa Venning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association providing an update on the Organization's expenditure of the $1,000 Municipal Grant; advising funds have been used to provided lunches throughout the year and to subsidize special events such as Thanksgiving, Easter and their 4th Anniversary celebration; and, thanking Council for providing the grant and contributing to their efforts. 1 - 22 Peter Hume, President, Association of Municipalities of Ontario (AMO) announcing that AMO, the Federal and Provincial Governments and the City of Toronto have successfully completed negotiation of the extension of the Federal Gas Tax Fund schedule of payments until March 31, 2014; and, confirming that the Municipality will receive $1,196,871.60 in July and November in the years 2010 to 2013. 1 - 23 Ministry of Municipal Affairs and Housing News Release dated December 31, 2008, advising of changes in Ontario's Building Code that will improve energy efficiency standards for new homes by requiring near full-height insulation on foundation walls in new home construction, the second step in a three-phased approach to energy efficiency brought in with the introduction of the 2006 Building Code; and indicating that a typical new home constructed under a building permit applied for after December 31, 2008, will be 28% more energy efficient than one built under the 1997 Building Code. 1 - 24 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors, providing an update on the 2008 Property Assessment Notices mailed to property taxpayers and the delivery of Assessment Rolls to municipalities across Ontario; highlighting initiatives undertaken to improve communications with stakeholders including municipalities, the media and property taxpayers; advising MPAC has fulfilled commitments made in response to the Ombudsman's Report of March 2006, "Getting it Right" including the implementation of all but 1 of the 20 recommendations which is planned for implementation in mid 2009; and advising that changes and improvements have resulted in greater transparency, improved accuracy and a better understanding of the assessment process and MPAC's role in property taxation. A Local MPAC Municipal Relations Representative is available to answer questions or to make a formal presentation to Council. Summary of Correspondence - 6 - January 12, 2009 1 - 25 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors, advising of the impacts of the Assessment Review Board (ARB) decision on the interpretation of the term "current value" ruling that for assessment purposes "current value" be based only on the interest of the owner, exclusive of any tenant interest, and that the buildings must be valued as if vacant; indicating that the decision, if it stands, will significantly change the way MPAC values tenanted commercial properties such as office buildings and shopping centres; indicating that there are approximately 17,000 such properties in Ontario with a current value assessment of almost $100 billion; advising MPAC and the City of Toronto have been granted leave to appeal the decision which could take several years before the appeal is finally resolved putting a significant amount of municipal revenue and provincial education tax in jeopardy for future years; and, urging Council to continue to raise this concern to local members of provincial parliament. 1 - 26 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2009 indicating the OMPF will provide $704 million to 387 municipalities across the province; confirming that in 2009, limits originally announced as part of the OMPF transition will expire and that municipalities are now entitled to receive any funding increases in full; and advising that further details on the 2009 OMPF grant parameters will be provided to Municipal Treasurers in the near future. 1 - 27 Roland Murphy, Major, Community & Family Services Coordinator, The Salvation Army Bowmanville extending appreciation for support received throughout 2008 and, in particular, the Christmas season; acknowledging that through generous donations, the Salvation Army was able to provide assistance to meet the demand of those in need. 1 - 28 Confidential Correspondence regarding an identifiable individual. (Copy Attached) 1 - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning Department, Regional Municipality of Durham, advising Council that on November 25, 2008, Durham Regional Planning Committee adopted the following resolution pertaining to the Growth Implementation Study— Phase 5, Final Recommended Growth Scenario and Policy Directions Report: Summary of Correspondence - 7 - January 12, 2009 "a) THAT Planning Committee endorse the Consultant's Final Phase 5, Recommended Growth Scenario and Policy Directions Report, including additions/modifications thereto, as the basis for proceeding with the Regional Official Plan Amendment process to implement the Provincial Growth Plan; b) THAT in addition to the Consultant's Final Phase 5, Recommended Growth Scenario and Policy Directions Report, staff be requested to consider the following in preparing the Regional Official Plan Amendment: i) a policy that considers the area surrounding transit centres for mixed-use, including residiential in proximity and within transit supportive distances, and that the transit centres be subject to secondary planning that would help to assist how that should come forward; c) THAT based on the endorsement in part a) and additions in part b), staff be authorized to prepare the Regional Official Plan Amendment to implement the Provincial Growth Plan, and proceed with the Statutory Public Open House and Statutory Public Meeting, in accordance with the schedule included in Report #2008-P-98 of the Commissioner of Planning and amended in parts d) and e); d) THAT the schedule included in Report #2008-P-98 of the Commissioner of Planning be revised to include that public open houses be held in each area municipality regarding the proposed Regional Official Plan Amendment to implement the Provincial Growth Plan; and e) THAT the public open houses to be held in the Townships of Brock, Scugog, and Uxbridge, in accordance with part d), be held as one meeting in the Township of Uxbridge." 1 - 30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Prentice, Federal Minister of the Environment advising that on December 8, 2008, Ajax Town Council adopted the following resolution pertaining to comments on the Proposed Terms of Reference for Drinking Water Source Protection Plans: Summary of Correspondence - 8 - January 12, 2009 1. THAT the Minister of the Environment be strongly urged to broaden the public consultation components proposed by the CTC Source Protection Committee in the Proposed Terms of Reference, prior to finalization, to increase public awareness of the Drinking Water Source Protection process, the upcoming Assessment Reports and to achieve more buy-in to the Province's objectives and, ultimately, the effective implementation of Source Protection Plans; 2. THAT the Minister of the Environment be respectfully requested to inform the Town of Ajax and other lower-tier municipalities in Durham Region, prior to finalizing the Proposed Terms of Reference, of the "Assigned Lead" and tasks yet to be undertaken to define and protect the intakes of municipal water supply plants in Lake Ontario coastal water, and the associated estimated costs; 3. THAT Durham Region staff appointed by Regional Council to the CTC Source Protection be encouraged to strongly advocate for: a) Amendments to the Proposed Terms of Reference to ensure Ajax's recommendations and concerns, as contained in this staff report and its Attachment, are addressed as part of the scope of this process; and b) Involvement of lower tier municipal staff in preparing Assessment Reports, Source Protection Plans and developing new water policy; 4. THAT this report be send directly to the Minister of the Environment, respectfully requesting his advice as to how the Town can effectively achieve solutions to its long-standing concerns about the potential effects of declining costal water quality in Lake Ontario on the quality of Lake-based municipal water supplies serving this community through this process and opportunities provided by other Provincial initiatives, such as updates to other legislation and indicators of Great Lakes health; 5. THAT the Minister of the Environment be strongly urged to conduct a study of the overall sustainable carrying capacity of Lake Ontario for supplying high quality drinking water in consultation with Environment Canada and Health Canada and appropriate agencies in the United States; and Summary of Correspondence - 9 - January 12, 2009 6. THAT this report also be sent to the CTC Source Protection Committee, the Toronto and Region Source Protection Authority, the Central Lake Ontario Source Protection Authority, the International Joint Commission, Environment Canada, Health Canada, the Ministries of Energy and Infrastructure, Natural Resources and Municipal Affairs, the Great Lakes and St. Lawrence Cities Initiative, the Durham Region Medical Officer of Health, the other municipalities within Durham Region and the Environmental Commissioner for Ontario." CORRESPONDENCE FOR DIRECTION D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham extending an invitation to participate in "Purple Day for Epilepsy", on Thursday, March 26, 2009, a campaign designed to bring awareness to epilepsy by wearing purple on that day. (Motion to Proclaim) D - 2 Lucien Lambier and Donna Fletcher, writing to John O'Toole, MPP, Durham, objecting to the Ontario Federation of Anglers and Hunters' right to use the Kendal Crown Lands due to safety of surrounding rural residential residents and the potential for reduction in property values; and suggesting if the municipality wants to eliminate hunting licences that hunting within municipal boundaries be abolished. (Motion to refer correspondence to the Municipal Clerk) D - 3 Tim Kehoe, Director, International Centre for Municipal Development, Federation of Canadian Municipalities (FCM) thanking Council for contributing to FCM's international programs in 2008; advising FCM honours municipalities and individuals through their Awards for Outstanding International Volunteer Contribution; forwarding a brochure and nomination form for the 2009 Awards; and, urging Council to consider nominating the municipality or a staff member for an award. Nominations are to be returned by January 31, 2009. (Motion to refer correspondence to the Chief Administrative Officer) Summary of Correspondence - 10 - January 12, 2009 D - 4 Mike Gazo, Perfect Party Inc., expressing concern with the provisions of the snow clearing by-law as it pertains to their business located at 205 King Street East; advising that there is no boulevard between the municipal sidewalk in front of their store and the roadway and that on several occasions road crews have plowed the snow directly onto the sidewalk in front of their business after the owners have cleared it; expressing concern as to liability issues should a pedestrian slip and fall as a result of the snow on the sidewalk; and requesting that the issue be investigated to avoid a potential mishap. (Motion to refer correspondence to staff) D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch, Mayor, Township of East Ferris, advising on August 5, 2008, a severe rainstorm caused localized flooding in the Townships of East Ferris and Bonfield and the Ministry of Municipal Affairs and Housing declared the-area a "Disaster Area" for the purpose of the Ontario Disaster Relief Program; advising a joint area Disaster Relief Committee was appointed to spearhead efforts to provide assistance to homeowners, farmers and small businesses and is seeking financial assistance from every municipality in the Province; and indicating that the Province will contribute $2 for every local dollar raised to an amount necessary to settle all claims. (Motion for Direction) D - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to the Canada Border Services Agency advising that on November 24, 2008, Oshawa City Council adopted the following resolution pertaining to Pival International Inc. —Application for Sufferance Warehouse: "WHEREAS Pival International has invested $22 million in their Oshawa site for a state of the art logistics facility,; and, WHEREAS this facility serves the needs of the General Motors of Canada and was designed to accommodate other international goods movements; and, WHEREAS Pival International has capacity to significantly expand the facility if business activities warrant; and, WHEREAS Pival International, in an effort to maximize its business potential and serve the eastern sector of the GTA; and, WHEREAS Pival is seeking approval as a sufferance warehouse to Canadian Border and Security Agency (CBSA); and, Summary of Correspondence - 11 - January 12, 2009 WHEREAS CBSA allows its regional district branches to establish some of its own regulations to govern operations; and, WHEREAS the CBSA Greater Toronto Commercial District has established that only warehouses that clear more than 8,000 containers are granted annual licenses for customs clearance; and, WHEREAS this requirement prevents Pival to achieve this criteria; and, WHEREAS within the GTA most of the sufferance warehouses are located in the west end of this vibrant economic zone; and, WHEREAS it is desirable that a sufferance warehouse be enabled in the eastern part of the GTA to accommodate business demands and the economic vitality of the City of Oshawa and Durham Region; THEREFORE BE IT RESOLVED THAT the Council of the City of Oshawa urges the CBSA to make provision for the conditional licensing of Pival International as a sufferance warehouse so that it can grow and maximize its business potential to satisfy the minimum criteria of 8,000 containers per year; and, THAT all local area municipalities, the Region of Durham, Colin Carrie, Member of Parliament and Jerry Ouellette, Member of Provincial Parliament, be requested to send letters of support to the Canadian Border and Security Agency on behalf of this application." (Motion for Direction) D - 7 Angela Quinn requesting Council to consider adopting a cost-neutral resolution similar to the resolution adopted in May 2007 by the City of Richmond, British Columbia and several other Canadian cities to improve the lives of egg-laying hens in Canada who are confined to tiny, crowded battery cages all of their lives: "THAT the Council of the Municipality of Clarington resolves: 1. To encourage Clarington residents: (i) As restaurants and caterers in both private and Municipal operations, to highlight the support for and availability of certified organic, free-range eggs on their menus; Summary of Correspondence - 12 - January 12, 2009 (ii) As consumers, to request the option of purchasing certified organic, free-range eggs at retail food outlets and restaurants and, where available, choose the certified organic, free-range option; (iii) As wholesalers, to highlight the preference for and availability of certified organic, free-range eggs in their food supply inventories; and (iv) As retailers, to highlight the preference for and availability of certified organic, free-range eggs in their food stores; 2. That the operators and caterers of municipal-run facilities be requested to use only certified organic, free-range or free-run whole (shell) eggs; 3. THAT a letter be written to the Provincial Government, Federal Government and the Canadian Food Inspection Agency stating that the Clarington Council opposes battery cage egg production based on the inherent cruelty of confining egg-laying hens in battery cages; and, 4. THAT a letter be written to the Ontario Municipalities Association requesting all members adopt a similar initiative." (Motion for Direction) D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont advising Council that on November 12, 2008, the Township of South Stormont adopted the following resolution pertaining to Bill 50, The Provincial Animal Welfare Act, 2008: "WHEREAS Bill 50, the Provincial Animal Welfare Act, 2008 has now passed second reading in the legislature, AND WHEREAS this bill contains the first comprehensive changes in almost 90 years to the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Act; AND WHEREAS highlights of Bill 50 include but is not limited to: standards of care for all animals, new provincial offences; authority for the OSPCA to inspect places, penalties, requirement for veterinarians, a number of modernizations to the law, and protection for current legal practices in agriculture, hunting and fishing; Summary of Correspondence - 13 - January 12, 2009 AND WHEREAS, and more specifically, there is a concern regarding the delegation of authority, accountability and transparency of OSPCA inspectors and its officers. NOW THEREFORE BE IT RESOVLED THAT the Township of South Stormont hereby respectfully requests the Government review, and amend as required, the powers granted to Inspectors through Bill 50. FURTHERMORE, a copy of this motion be forwarded to Premier McGuinty, the Minister of Community Safety and Correctional Services, Minister of Municipal Affairs and Housing, MPP Jim Brownell, Association of Municipalities of Ontario and any other individual or organization as deemed appropriate." (Motion for Direction) D - 9 Association of Municipalities of Ontario (AMO) Member Communication Alert dated December 19, 2008, advising of the Ministry of the Environment's launch of a discussion paper to officially begin the five year review of the Waste Diversion Act (WDA) and Blue Box Program Plan (BBPP); advising that AMO, through its Waste Task Force, has submitted responses to both of these reviews highlighting municipal challenges and perspectives and requesting Council's support of AMO's positions by advising the Minister and the WDO of the Environment in writing of their support by January 15, 2009 for the WDA and February 27, 2009 for the BBPP. (Copy Attached) (Motion for Direction) D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario, advising Egg Farmers of Ontario represent more than 400 farm families who provide consumers with fresh, locally produced eggs; commending local councils who are trying to encourage the purchase of locally produced food as a means of creating a sustainable environment; and, requesting Council to consider endorsing a motion of the Egg Farmers of Ontario to identify the purchase of eggs as a local sustainable procurement practice. (Motion for Direction) D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and Glengarry, advising Council that on December 15, 2008, the United Counties of Stormont, Dundas and Glengarry adopted the following resolution pertaining to payment for indigent funerals: Summary of Correspondence - 14 - January 12, 2009 "WHEREAS the City of Cornwall is Consolidated Municipal Service Manager (CMSM) for the City of Cornwall and United Counties of Stormont, Dundas and Glengarry; and WHEREAS payment for indigent funerals is a requirement of the CMSM under the Ontario Works Act; and WHEREAS recommended rates and guidelines for such payments are provided by the provincial Ministry of Community and Social Services; and WHEREAS these rates were last reviewed and adjusted in 2005, and costs have been escalating to the point where funeral homes are unable to continue providing services at the existing rates; and WHEREAS the Ministry of Community and Social Services will only subsidize indigent funerals for individuals who are receiving social assistance through Ontario Works or the Ontario Disability Support Program prior to their death, regardless of their financial situation. THEREFORE BE IT RESOLVED THAT the United Counties of Stormont, Dundas and Glengarry petitions the Ministry of Community and Social Services to request a review and appropriate adjustment of the recommended rates for indigent funerals, on behalf of CMSMs across the province. AND BE IT FURTHER RESOLVED THAT the Ministry of Community and Social Services amend the current policy to provide financial assistance to cover funeral expenses for all needy individuals, regardless of their age or whether or not they are receiving support through Ontario Works or the Ontario Disability Support Program, at the time of death. AND FURTHER THAT this resolution be forwarded to the Minister of Community and Social Services, the Association of Municipalities of Ontario, all municipalities in Ontario and local MPPs." (Motion for Direction) D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington, requesting the municipality provide a letter in support of the VAC's grant application to the Ontario Ministry of Tourism's Celebrate Ontario Program enabling VAC to purchase equipment, etc. for musical performances and to continue providing quality cultural activity to Clarington. (Motion for Direction) • arm n irgizing Ontario REPORT#1 REPORT TO COUNCIL MEETING OF JANUARY 12, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 5, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-005-09 Environmental Stewardship 2008 Program Update (b) EGD-001-09 Monthly Report on Building Permit Activity For November 2008 (c) ESD-001-09 Monthly Response Report— November 2008 (d) Presentation —Wilson Little, P. Eng., St. Marys Cement— Regarding the Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the Related Regulatory Approvals 2. PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR SPACE ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL PURPOSE COMMERCIAL ZONE (C5) USES, TO REDUCE THE BUILDING SETBACKS AND LOADING SPACE REQUIREMENTS — 45 AND 5 SPICER SQUARE APPLICANTS: 2154513 ONTARIO INC. AND 2143619 ONTARIO INC. THAT Report PSD-001-09 be received; THAT the rezoning application submitted by 2154513 Ontario Inc. and 2143619 Ontario Inc., be approved and that the proposed Zoning By-law contained in Attachment 3 to Report PSD-001-09 be passed; and THAT all interested parties listed in Report PSD-001-09 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 Report #1 2 January 12, 2009 3. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-002-09 be received for information; and THAT all interested parties listed in Report PSD-002-09 and any delegations be advised of Council's decision. 4. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-003-09 be received for information; and THAT all interested parties listed in Report PSD-003-09 and any delegations be advised of Council's decision. 5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-004-09 be received for information; and THAT all interested parties listed in Report PSD-004-09 and any delegations be advised of Council's decision. 6. PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF SUBDIVISION IN THE CITY OF OSHAWA APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INC./CAMEO SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS CORPORATION INC. THAT Report PSD-006-09 be received; THAT the City of Oshawa be advised: i) that the Municipality of Clarington has no objections to the approval of the proposed amendments to Oshawa Official Plan and Eastdale Part II Plan; ii) that the Municipality of Clarington has no objections to the approval of the proposed Draft Plan of Subdivision (S-0-2005-04) subject to the conditions contained in Attachment 3 to Report PSD-006-09; and iii) that the Municipality of Clarington has no objection to the approval of the proposed Draft Plan of Subdivision 18T-97027; and THAT a copy of Report PSD-006-09 be forwarded to the City of Oshawa Development Services Departments, the Region of Durham Planning and Legal Departments and the Ontario Municipal Board. Report #1 3 January 12, 2009 7. APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORATION & PAUL LYSYK FAMILY TRUST THAT Report PSD-008-09 be received; THAT the application submitted by Prestonvale Road Land Corporation and Paul Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single detached units be approved; THAT the By-law attached to Report PSD-008-09, to remove the Holding (H) symbol, be passed and that the Region of Durham be forwarded a copy of Report PSD-008-09; and THAT all interested parties listed in Report PSD-008-09 and any delegations be advised of Council's decision. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 11, 2008 THAT Report PSD-009-09 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on December 11, 2008 for application A2008-0020 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on December 11, 2008 for application A2008-0034 is not warranted. However, should an appeal be lodged by another party, Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. 9. PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18 CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON) That Report EGD-002-09 be received; That the road allowance situated in Lot 18, Concession 5, further identified as Part 3 on Registered Plan 40R-25645 be closed and declared surplus and that the road allowance be conveyed to Andy Meima; That the applicant pay the appraised land value of$7,545.00 as well as all legal and other financial costs associated with the transaction; That Council pass the necessary by-laws to implement the recommendations of Report EGD-002-09; and That Andy Meima be advised of Council's decision. Report#1 4 January 12, 2009 10. ASPEN SPRINGS WEST SUBDIVISION PHASE 2, PLAN 40M-2214, BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-003-09 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2214; and THAT Council approve the by-laws attached to Report EGD-003-09, assuming certain streets within Plan 40M-2214 as public highways. 11. EMERGENCY EVACUATION CENTRE REQUESTS - ULTIMATE SCHOOL-AGERS THAT Report CSD-001-09 be received; THAT Ultimate School-Agers be authorized to utilize the Courtice Community Complex as an Emergency Evacuation Facility for "localized emergencies", subject to the conditions on which this approval was given, as outlined in the body of Report CSD-001-09; and THAT Ultimate School-Agers be advised of action taken. 12. 3rd QUARTER PARKING REPORT THAT Report CLD-001-09 be received; and THAT a copy of Report CLD-001-09 be forwarded to the Bowmanville Business Centre for their information. 13. CL2008-31, HIGHWAY 2 STREET LIGHTING AND STREETSCAPE IMPROVEMENTS, BOWMANVILLE THAT Report COD-001-09 be received; THAT Rutherford Contracting Limited, Gormley, Ontario with a total bid in the amount of$1,047,296.93 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-31, be awarded the contract for the Highway 2 Street Lighting and Streetscape Improvements, Bowmanville. as required by the Engineering Department; THAT $55,000.00 be reallocated from the 2008 Highway 2 Sidewalk account to the 2008 Highway 2 Streetlight Installation account; THAT funds required in the amount of$1,290,000.00 (which includes $1,047,296.93 tendering, consulting and contingencies) be drawn from accounts as follows: Report#1 5 January 12, 2009 Department & Account Number Amount Engineering Department - Capital Budget • 2008 Streetscape Implementation, Account #110-32-338-83278-7401 ........................................... $ 568,540.00 - 2008 Federal Gas Tax (Street Lighting) Component of Streetscape Implementation ................................................... $ 81,460.00 - 2008 Sidewalk Construction, Account #110-32-331-83278-7401 ........................................... $ 255,000.00 - Street Light Installation, Account #110-32-324-83278-7401 .....................................$ 315,000.00 - 2007 Green Road Reconstruction, Account #110-32-330-83276-7401 ............................................. $ 70000 bo Total Funds Available $1,2 000. 0 ;and �J THAT the attached By-law marked Schedule "A", attached to Report COD-001-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. 14. DELEGATION — TERRA SAYER, CANADIAN RED CROSS, DURHAM REGION — DISASTER MANAGEMENT THAT the delegation of Terra Sayer, Canadian Red Cross, Durham Region regarding Disaster Management be received with thanks. 15. DELEGATION — RICHARD WARD — PROPERTY STANDARDS ORDER FOR 3709 REGIONAL ROAD 9 THAT the delegation of Richard Ward regarding Property Standards Order for 3709 Regional Road 9 be received with thanks. 16. DELEGATION — RICHARD WARD — GPA RESOLUTION #GPA-697-08 THAT the delegation of Richard Ward regarding GPA Resolution #GPA-697-08 be received with thanks. 17. DELEGATION — DAVE WALLACE — REQUEST FOR A TIME EXTENSION FOR OCCUPYING A SECOND DWELLING UNIT AT 4380 COURTICE ROAD THAT the delegation of Dave Wallace regarding his request for a time extension for occupying a second dwelling unit at 4380 Courtice Road be received. Report #1 6 January 12, 2009 18. CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO LOCAL BOARDS THAT Confidential Report COD-002-09 be received; THAT the current provision of benefits for the Newcastle Arena manager, be grandfathered and discontinued at the time that the incumbent leaves the existing position; THAT the request for the Newcastle Hall Board and the Clarington Older Adult Association Board for coverage of full time employees under the Municipal Benefit program, paid for by the individual Boards, be denied; THAT Council authorize the Clerk's Department, after consultation with Human Resources, to provide notice of Council's decision on provision of benefits to external groups, should similar requests be received in the future; THAT the Newcastle Hall Board, and the COAA Board, be advised of Council's decision; and THAT the Newcastle Hall Board, and any other such boards, be encouraged to consult with the Clarington Board of Trade for possible options regarding this matter. 19. ENGINEERING PROJECTS — UPDATE REPORT THAT staff report back in due time on Engineering projects completed in 2008, projects carried over from 2007 and 2008, including expected dates for completion and associated budgets, and the status of the Mill Street South Underpass project in the Village of Newcastle. 20. REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORTING WHEREAS in the year 2007, Clarington Council approved and made available to the public the 2007-2010 Corporate Strategic Business Plan. The Mission Statement contained in that document reads as follows: "TO PROVIDE INFASTRUCTURE AND QUALITY SERVICES TO OUR COMMUNITY STAKEHOLDERS THROUGH LEADERSHIP, ACCOUNTABILITY AND RESPECT." AND WHEREAS the Strategic Business Plan complements the other three important planning and policy tools of Council: the Clarington Official Plan; the annual operating budget; and the multiyear capital plan. Collectively, these governance tools represent the cornerstones of all municipal government decisions. AND WHEREAS the Municipality of Clarington is in the approvals process for the 2009 Municipal Capital and Current Budget. Report #1 7 January 12, 2009 AND WHEREAS the Municipality of Clarington's current revenues sources are as follows: approximately 51% are generated from property taxes, and the balance is generated from the following: a) Payment-in-lieu/Linear taxation/Grants — 10% b) Contributions from Reserves and Reserve Funds — 21% c) Licenses and Permits — 3% d) User Fees — 10% e) Interest on Investments — 2% f) Interest on Taxes/fines — 2% g) Other— 1% AND WHEREAS each year the Municipality of Clarington depend upon these budgeted revenues to off-set the budgeted expenses. AND WHEREAS a portion of these revenues are variable and are directly related to the economic growth both within and outside the Municipality of Clarington. AND WHEREAS in the event that there is a revenue shortfall in any given year, such shortfall will impact the tax levy in the following year, effectively increasing property taxes by the amount of the revenue shortfall. AND WHEREAS Clarington Council is mandated to managing the assets of the Municipality of Clarington in a fiscally responsible manner and to determine which services and at what level those services will be provided to the people of Clarington. AND WHEREAS in consideration of the current volatile economic global outlook, Clarington Council desires to more closely monitor the revenues and expenses of each department in the months ahead. The purpose of such monitoring is to: a) protect the interests of the taxpayers in the Municipality of Clarington, b) prevent any yearend surprises in revenue shortfalls, c) improve the openness and transparency of the public reporting process, d) provide an additional management and reporting tool for staff, council and the public, and e) demonstrate to the taxpayer that Clarington Council is managing the assets of the municipality in a fiscally responsibility manner. NOW THEREFORE BE IT RESOLVED THAT the Chief Financial Officer, the Chief Administration Officer and the Chief Executive Officer design a report which provides: by department and on a monthly reporting basis; adequate information for Staff to analyze and report to Council the variable growth related revenue and the variable economic related revenues which could have an adverse effect on achieving the 2009 Municipal Capital and Current Budget. I - 1 Clarington Compost Facility Community Relations Committee Minutes of Meeting #4 - Thursday September 18, 2008 Participants Resident representative • Roberta Stasyszyn, Cc chair— resident representative • Edward Oegema, Resident Representative Business representative • Fred Biesenthal Municipality of Clarington • Janice Szwarz, Planning Services Department • Leslie Benson, Engineering Services Department Miller Waste • Mike Kopansky, Scott Miller and Debbie MacDonald Regrets • Al Ramsay; Brad Harper Miller Waste staff. • Tom Brewer, Business Representative. • Rob Hersey - Central Lake Ontario Conservation. Opening Remarks; Mike Kopansky welcomed the members of the committee. Item # 1 The Minutes of Meeting #3 were accepted as circulated. Action Items from Previous Meeting 1.1 Traffic Safety Initiative — Clarington has installed warning signage at the railway tracks on Baseline. Miller has forwarded their draft TRAFIC SAFETY INITIATIVE to Leslie for her review— Miller will incorporate Clarington's suggestions and will start handing the TRAFIC SAFETY INITIATIVE out to vehicles utilizing the site — item complete. 1.2 Rob Hersey—was not present at this meeting— group agreed that if group members were interested in monitoring data for Tooley Creek (not relating to Miller's Compost site) in electronic format that the individual would approach CLOCA directly for this data. 1.3 Mike Kopansky and Al Ramsay to meet with neighbours around the compost site to make them aware of the Hotline number for the Compost facility. Minutes of Meeting#4-Miller Community Relations Committee—September 18,2008 1 of 3 • Since the last meeting Miller reps have periodically checked in with residents along Solina Road — residents have expressed that they have appreciated Miller's efforts and have noticed continuing improvement in the site operation. Al Ramsay met with residents who recently purchased the house on the NW corner of Solina Road and Baseline Road —they were given information about the composting facility and were appreciative of Miller's proactive approach to greeting them. The new residents along the east side of Solina Road just north of Baseline Road were not able to be reached so the copy of the protocol for the Hotline was left along with a business card in case they had questions. • Miller staff will continue these "Meet and Greets" as an ongoing outreach program —the group requests that Miller reps also perform "Meet and Greets" with neighbours on Courtice Road and to the west of Courtice Road. Item # 2 Miller to report on key measurables: 2.1. Tonnes processed — site received 22,943 metric tonnes from May 1, 2008 through August 31st, 2008— this is well within the requirements of the Certificate of Approval issued for this facility which allow weekly maximum of 4,200 tonnes or yearly site total of 70,000 tonnes (wood 20,000 and composting 50,000). 2.2. Residue rates — Less than 1% from May1, 2008 through Aug 31 st, 2008. 2.3. Traffic— report of scale transactions from May 1St to August 31St, 2008 show 1,748 scale transactions. Peak week occurred in May 5-10, with 149 scale transactions—based on 6 days per week operation this averages to 25 scale transactions per day. This is well below the maximum trips per hour modeled by the transportation consultants (their maximum peak hour was 28 trucks). 2.4. Dust — site is being maintained in accordance with C of A — no dust complaints have been received to date. 2.5. Noise - site is being maintained in accordance with C of A — no noise complaints have been received to date. 2.6. Woodlot Management— Miller staff met on site with Dave Puttock, President of Silv-econ Ltd. Dave is the author of the Forest Management Plan (FMP) for the woodlot just north of the composting facility. The buffer to the south of the woodlot was examined and procedures for removal of invasive species agreed upon. The buffer to the woodlot has only had one year to start to grow in — no invasive species were found in the actual buffer area yet— Common Buckthorn was found along the existing edge to the woodlot. Common Buckthorn will be the focus of the removal process between now and spring of 2009. Dave's inspection did not find Dog-strangling Vine, or Garlic Mustard. Garlic Mustard is difficult to find this time of year so Dave Puttock will be back to inspect the buffer again next spring when condition for detecting Garlic Mustard are better. Minutes of Meeting#4- Miller Community Relations Committee—September 18, 2008 2 of 3 2.7. Groundwater monitoring — Hydrology testing is being performed By Gartner Lee — testing is up to date as per requirements of C of A — ongoing monitoring will continue as per C of A requirements. 2.8. Odour— Odour reports are being logged, investigated and corrective actions taken as per site C of A. The site has received a total of 8 notifications related to odour events between May 1, 2008 and September 15th, 2008. All of the reports have been that the frequency and intensity of the odours experienced continue to diminish. Miller is intent on continuing to improve site operations. Two more odour conditions (three calls) were reported on September 16 and 17th— both were fairly short lived incidents and Miller representatives met with Fred and Marsha the morning of the September 17th report to review the timing and durations of the odour condition. 2.9. The site is being operated in compliance with the requirements of the C of A for the site. Item # 3 — Other Items 3.1 Miller and residents in vicinity of Compost Facility requested an update from Clarington on status of 407 and traffic implications with respect to the vehicles utilizing the composting operation. • Clarington staff provided the group with an update wrt to status of the 407. Key items discussed were that the corridor for the 407 was expected to be finalized by the end of 2009. The corridor is presently planned to be 170 m (typical width) — 110 m for highway and 60 m for transit way. Tentative timing for construction of 407 highway extension to start in 2010. Timelines for submission of EA is mid 2009. Several neighbours of the Compost site are expected to be impacted due to the 407 alignment. No present impact is foreseen on the traffic conditions relating to the operation of the compost site 3.2 Miller requested clarification on whether there is.a requirement to upgrade Hancock Road further than exists today as a result of 407 implications? • Clarington staff responded that they do not have the construction of Hancock Road from the end of the portion constructed by Miller north to Bloor Street in their budget. Clarington staff commented that any future upgrade of Hancock Road through this area, if required, would likely be responsibility of MTO if it is required —the EA is expected to address this issue. 3.3 The group discussed the need for the CRC Co-Chairs to present to Clarington Council as required by the Terms of Reference —target to be before end of 2008 if possible. Item #4 • Next meeting - Thursday January 15th, 2009. Location —town office (40 Temperance Street, Bowmanville). Start time 4:30 pm —duration estimated to be 2 hours. Minutes of Meeting#4- Miller Community Relations Committee—September 18,2008 3 of 3 clai I- 2 Leading the Way goil Approved CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday, October 16, 2008 PRESENT: (Chair)Clayton Morgan (Vice-Chair) Gord Lee Councillor Adrian Foster Georg Krohn Sandy Lyall David Reesor Gillian Bellefontaine ALSO Stuart McAllister, Road Safety Co-ordinator, Durham Region PRESENT: Leslie Benson, Manager of Transportation &Design Ron Baker, Traffic &Transportation Co-ordinator Constable Esther Rathwell REGRETS: Tony Cannella, Director of Engineering Services, Wallace Bradley, Kerry Meydam, Lisa Robinson, Elwood Ward 1.0 ADOPTION OF MINUTES-(September 18, 2008) There were two corrections to the September 18`h minutes as follows: 4.4 Simpson Ave. between Prince St. &King St. should read: are sidewalks on the east side of Simpson Ave. /but none on the west side. 4.5 Hwy 115 off Taunton Road should read: When traveling south on Hwy 115, and it is sometimes difficult to see westbound traffic The following motion was proposed: THAT: "The minutes of the September 18, 2008 meeting are approved as amended." MOVED: by David Reesor; SECONDED by Adrian Foster CARRIED 2.0 ITEMS FOR INFORMATION 2.1 Road Watch-(Gord Lee) From June to September there have been 70 incident reports processed, and all of them being from Road Watch's Radar Operator. However, due to the dates of the alleged infractions (June through September), Inspector Green advised his staff to process and record the information, but not to follow up with a letter to the registered vehicle owner because the dates of the infractions were long past. To-date there are only five current incidents at 16 Division on file for processing, three being from school bus operators. In addition to those five, six incident complaints to-date have gone to P.C. Rathwell for a license search. Ron Baker and Gord Lee have been invited to the D.R.P.S. Traffic Co-ordinators meeting on October 27th to discuss Road Watch Programs in Durham. This meeting will provide a great opportunity to network with Sergeant Jeff Galipeau of the Traffic Division, who will be chairing the meeting, and with Road Watch chairs in attendance. The purpose will be to discuss what does and what doesn't work in Durham Region. 2.2 Traffic Watch-(Ron Baker) There were 749 listed reports from June 12th through October 1St of this year, which is down from last year. The radar board which is 10 years old now is out of service. Ron Baker is checking into the cost of repairing it. P.C. Rathwell will check to see if it is possible to obtain a radar board that could display speeds traveled. At Concession Road 3 there is a trailer that downloads all data needed for officers to use. It is set to a certain speed only, and once that threshold is met a message is displayed; however, the public cannot view actual speed. 2.3 Highway 407 Update-(Leslie Benson) At the recent 407 meeting it was announced that Totten Sims Hubicki has merged with various companies and is now referred to as AECOM. The Ministry of Transportation is still reviewing under/over passes and cul-de-sac scenarios. The MTO would like to cul-de-sac Middle Road at Concession Road 7, however, there was direction from the Region as well as Clarington staff not to cul-de-sac this area. The consultant has commenced traffic studies using"Micro Simulation". The information is derived from population predictions, employment centres as well as growth estimates. Leslie Benson has all the information from the meeting available if members would like to review it. There was a presentation that dealt with topics such as road sections. Also on the agenda was detour and road closure considerations during construction only and MTO advised that studies to-date show that it will not be necessary to close any of Clarington roads during construction of Hwy. 407. The MTO has been in contact with Emergency Medical Services, The Durham Regional Police at this meeting. The completion date for Hwy. 407 is planned for 2013. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Rural Speed Limit-(Ron Baker) The Director of Engineering Services received an email from the Region stating that they denied the Municipality's design of the speed limit entrance signage on Regional roads. Members discussed signage issues in detail and thought that education is a key element when the new speed limits are posted. There will be a report to Council regarding rural speed limits in November. The Committee thought it would be wise to have this information publicized in the local newspaper. Constable Rathwell advised that if given the authority she could advise officers to educate the public when vehicles are pulled over. The website will be the main tool used to educate the public. The address is www.clarin,gton.net . In 2008 there were monies set aside within the Operations Department budget to allow for the speed limit signs and it was hoped that these funds could be carried over to 2009. 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Liberty Street Widen ing-Bowmanville Stuart McAllister confirmed that construction of Liberty Street from King Street to Baseline Road is currently shown for 2011 in the Region's Capital Budget and Four-Year Forecast. 4.2 Tim Horton's - Bowmanville Leslie Benson will speak with the Planning Department to find out the status of this issue. The Region retains the right to make a final decision with respect to maintaining the access off Waverley Road. 4.3 Pedestrian Traffic Signals on Liberty St. South of Parkway Cres. The Committee members feel that the existing lights at this location are still necessary due to the school, church, apartments and the Memorial Park located close by. r Y 20�IS 4.4 Liberty St. & Longworth Avenue-Bowmanville This intersection has met warrants this fall for traffic signals due to a new traffic count. New lights are planned for the spring of 2009. 5.0 NEXT MEETING DATE-November 20, 2008-7:00 P.M. Committee Room 1 C-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street(Library entrance doors). 6.0 ADJOURNMENT MOVED by; Gord Lee THAT: "The meeting be adjourned at 8:25 p.m." I - 3 Leading the Way MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE PRESENT: Fred Biesenthal Karina Isert Mark Bragg Jo-Anne McFarland Mark Canning Mary Novak Jean-Maurice Cormier John Sturdy Linda Gasser Staff in Attendance: Faye Langmaid— Planning Services Leslie Benson— Engineering Services Sharon Norris— Recording Secretary DATE December 3, 2008 RE: HIGHWAY 407 EAST CAC MEETING NO.42 December 2, 2008 Agenda Item Discussion Action Welcome Welcome by Mark Canning Co-Chair Adoption of Moved by Jo-Anne McFarland, seconded by John Sturdy that the November 4m Minutes minutes be accepted, November 4th minutes stated that the CVP recommendations will be an appendix to the EA. Staff have,been asked to check Whether the CVP is an appendix to or Janice art of the actual EA recommendations. Community The CVP incorporates what each individual workshop attendee brought forward, Value Plan which'is why'attendance was encouraged. The Committee can further identify Workshop other issues,and ask for their inclusion within the recommendations of the CVP (CVP) Review plans. The 5 areas in Clarington identified were Best Road lands, Hampton Village, Sol`ina Road/Farewell Creek, Pebblestone/Black Farewell Wetland Complex and Leskard Village. For example Hampton Village: Some participants said that Old Scugog Road was not often used by agricultural vehicles, while others said it was. Decorative lighting and signage of a heritage nature was requested. A potential theme including the past and future of Hampton was discussed which could include the history of the village (wheat trade) depicted in artwork on the bridge. As all members did not attend the CVP Workshop(s), it was suggested that Committee members read all the workshop information and then meet to comment on it. Staff will email the Project Team to obtain the final document Janice coming out of all the workshops and forward to the committee; hopefully this will be in advance of the January 6th meeting. At this time the committee can address issues and raise additional concerns to the best of their ability. The CVP workshops left the attendees with the impression that this is a community document outlining the priority areas/issues raised, however attendance was poor. Notices for the final workshop only went out to those who attended the first two workshops; however Clarington staff sent the information out to additional interested parties. • I � ar n Leading the Way MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agenda Item Discussion Action Was The CVP and Effective Process? ➢ Workshops were well attended by MTO/Project Team staff and equipped with good resources. ➢ The workshops had a poor public turn out, therefore a limited voice. ➢ Project Team did not get the intimate knowledge they were looking for. ➢ Few attendees from the agricultural sector. ➢ Ads for the workshops required sign-up in June—too early. ➢ Limited notices sent to public. ➢ No attendees from Kirby. R' b ➢ Workshop No. 3 was a repeat of the first,twp workshops and was felt to be the least productive and more of a sumt�i`atiar sess(pp; it had an emphasis on wildlife. The Committee should present their,opinion on=thb CW.and its effectiveness to Council and offer a summary of the workshops. Heritage UDdat"es: Vic Suppan,:.Clarngton Heritage Cornrnittee(CHC) Chair, did attend a couple of the,CVP Workshpps,and offeretl his:ppinions as a resident. A copy of Vic's correspondence to MTO was distributed to the Committee. House at 1909 Bloor Street is being discussed for potential move. The Hogarth House, 5425 Solina Roael will be worked into the transitway station. Stone houses on Acres and Cole Ro pre:stated 6:be moved. The�CHC�has struck a sub-committee to meet with Richard Unterman, the consultant responsible for the Heritage Inventory. This inventory includes cultural heritage resources, and looks at the landscape, views, all structures including barns, homes, bridges, etc. Treatment will have continuity for all villages. Is the EA Schedule on Track? The Public Information timing has been adjusted from Nov/Dec to Jan/Feb, the remainder of the schedule has not been adjusted. How long is the EA approval good for? EA's can be grandfathered if they are not implemented within 5 years. In 1991 the EA was never submitted for approval as the Province pulled the funding on finishing the EA—this is always a risk. How long can it take for approval? EA's can take significant time to be approved, it depends on how well they have addressed all the issues as they have proceeded. The Minister is under no obligation to have an EA approved within a certain timeframe, rather it will be the funding and other matters that prompt uick review. Public The next PIC is scheduled for January 27th at the Garnet B. Rickard Complex. Information Will include review of final preliminary design plan which Committee will review Centres at a future meeting (most likely the February meeting). Next Meetina I January 6th, 2009 AGENDA I - 4 DURHAM NUCLEAR HEALTH COMMITTEE (DNHQ MINUTES OF MEETING LOCATION Ontario Power Generation Office Building " 889 Brock Road Sixth Floor Boardroom DEC - 3 2008 City of Pickering, Ontario _ :,mot-•. DATE November 14, 2008 TIME 1:00 PM MEMBERS Dr. Robert Kyle,Durham Region Health Department (DRHD) (Chair) Mr. Frank Bajurny, Ontario Power Generation (OPG) Dr. Dave Whillans, OPG Ms. Norma Drummond, Public Member Ms Lorraine Weigel, Public Member Mr. Hardev Bains,Public Member Mr. Jansen Wu,Public Member Mr. Marc Landry, Public Member Mr. Ken Shrives, Public Member DISTRIB TION Dr. Barry Neil, Public Member REVIEWED BY ORIG NAL TO: � OBSERVERS & Mr. Brian Devitt,DRHD, (Secretary) o poulR;a cYCOUNCR. o FILE PRESENTERS Ms. Jessica Millar,Nuclear Waste Management Or an>�bI®dr INF of couNCll ORMATM (NWMO) (Presenter) COPY TO: Mr. Mike Krizanc,NWMO (Presenter) o MAYOR o MEMBERS o CAO VV Mr. Peter Simmons,NMO (Presenter) o COMMIXTY O CORPORATE o EMER6M Dr. Anar Baweja, Health Canada(Presenter) SERVICES SERVICES SEANCES Mr. John Peters, OPG(Presenter) o ENGNIEERING O MUNICIPAL o OPERAWNS SERVICES CLERICS Ms. Don Terry, OPG(Presenter) o PLAMM o SOLICITOR o TREASURY Mr. Scott Forsythe, OPG(Presenter) SERVICES Ms. Lindsay Dafos, OPG o OTHER Mr. Jim Coles, OPG MUNICIPAt.CLEWS FU Rn Q Ms. Donna Pawlowski, OPG Ms Jaime Chow,DRHD Ms. Janice Szwarz, Municipality of Clarington Mr. Shawn-Patrick Stensil, Greenpeace REGRETS Ms. Mary-Anne Pietrusiak, DRHD Mr. Phil Dunn, Ministry of the Environment Ms. Sue Stickley, Low-Level Radioactive Waste Management Office Robert Kyle opened the meeting and welcomed everyone. 1.0 Adoption of the DNHC Agenda ' The Revised Agenda was adopted. 2.0 Adoption of the DNHC Minutes of the September 12, 2008 meeting The Minutes were adopted as written. 3.0 Correspondence 3.1 Robert Kyle's office received the minutes of meetings of the Pickering Nuclear Generating Station Community Advisory Council for June and September 2008. 3.2 Robert Kyle's office received a newsletter from the Nuclear Waste Management Organization (NWMO) concerning the process for selecting a site for the long- term management of used nuclear fuel dated September 2008. 3.3 Robert Kyle received a letter from the NWMO requesting the DNHC's participation in discussing the process for selecting a site for the long-term management of used nuclear fuel dated September 9, 2008. _-�-- office received a newsletter from Ontario Power Generation (OPG) ruslfg g Mthe New Nuclear at Darlington Environmental Assessment (EA) Project.dated Fall 2008. 3.5,, V obert.Kyle's office received an information package from OPG concerning the Fre4iier tly t sked Questions about OPG's New Nuclear at Darlington EA Project dated`golember 2008. ,Kyl 's office received a letter from Laurie Swami, Director, Licensing, Nuclear'"Ge eration Development for OPG, providing an update on the New Nuole�.r`:.at Darlington EA Project and the fourth round of the Community ti, I,nfoton^Sessions planned for October-November and the letter was dated SeptRi*& 1 , 2008. 3.7 ;�>j, aer : s office received an information package provided at the fourth round or unity Information Sessions on the New Nuclear at Darlington EA Project dated October 2008. 3.8 Robert Kyle's office received the presentation notes used by John Peters, Manager, Environmental Assessments for OPG, to the Council of the Regional Municipality of Durham concerning the OPG's New Nuclear at Darlington EA Project dated October 8, 2008. 3.9 Robert Kyle's office received a letter from Patrick McNeil, Senior Vice President, Nuclear Generation Development for OPG, concerning the Pickering B Refurbishment and Continued Operation EA and that the Canadian Nuclear Safety 2 Commission (CNSC) will be holding a Public Hearing on the Pickering B EA on December 10, 2008 in Ajax and the letter was dated October 22, 2008. 3.10 Robert Kyle's office received a media release from AECL concerning China's fifth anniversary of their CANDU reactor that was hailed as a very successful major infrastructure project dated October 24, 2008. 3.11 Robert Kyle sent a letter, on behalf of the DNHC, to the CNSC concerning the Pickering B Refurbishment and Continued Operation EA dated October 29, 2008. 3.12 Robert Kyle's office received a media release from the Ontario Ministry of Energy and Infrastructure concerning the unsolicited proposal to build a nuclear generating station in the Haldimand-Norfolk region by a private company and that the unsolicited proposal does not meet the McGuinty government's long-term energy plan for Ontario and the news release was dated October 31, 2008. 4.0 Nuclear Power/Environmental Issues 4.1 Progress Report the Nuclear Waste Management Organization (NWMO) Mike Krizanc, Manager, Communications, Jessica Millar, Senior Advisor, Stakeholder Relations and Peter Simmons, Director, Municipal & Community Engagement from the NWMO, provided a presentation on progress being made for the long-term management of used nuclear fuel from nuclear generating stations in Canada. The highlights of Mike, Jessica and Peter's presentation were: • NWMO is designing a process for selecting a site for the long-term management of used nuclear fuel. • The process is expected to include: • Objectives and principles • Major steps • Decision making factors and criteria • How Aboriginal insights and traditional knowledge will be respected o How information will be communicated • Studies required at each step • How to work collaboratively • Input from various dialogues regarding the design of the process for selecting a site for the long-term storage of used nuclear fuel will inform a draft siting process document to be completed in late 2008. • A special dialogue session with the DNHC and the NWMO was held on October 30, 2008 to discuss various questions regarding design of the siting process as outlined in the NWMO's discussion document "Moving Forward Together:Designing the Process for Selecting a Site". • The draft proposal of the siting process document will be completed for public comment in 2009. • After receiving public input, the siting process document will be refined and the process will begin in post 2009. 3 • The NWMO will form a municipal committee of the four nuclear-cycle provinces to advise on municipal issues and communication methods. Peter Simmons indicated the NWMO will regularly update the DNHC on the progress in implementing Adaptive Phased Management and more specifically the siting process. Peter also indicated the NWMO would be interested in another dialogue session with the DNHC members in the Spring of 2009 to discuss the draft siting process document. More information on the NWMO is available at ATE w",.nwmo.ca or by telephone at (866) 249-6966. The overheads used the presentation are attached as Appendix 1. 4.2 Progress Report on the New Nuclear at Darlington EA Project John Peters, Manager, Environmental Assessment Nuclear Generation Development for OPG, provided an update of the New Nuclear EA Project planned for the Darlington Nuclear site. The highlights of John's presentation were: • The New Nuclear at Darlington EA Project is to construct and operate a new nuclear power plant at the Darlington Nuclear site to meet the base-load electricity requirements of Ontario. • OPG is undertaking the federal approvals, including an EA and site preparation licence application for the Project. • In June 2008, the Ontario Government confirmed that OPG will be the operator of the new NGS constructed at the Darlington Nuclear site. • On September 5, 2008, The Canadian Environmental Assessment Agency (CEAA) released the Draft Environmental Impact Statement Guidelines and the Joint Review Panel Agreement for review and comments by November 19, 2008. • The Ministry of Energy and Infrastructure Ontario is leading a competitive process to select a nuclear reactor vendor and the technology to construct 2 units at the new NGS. • Three internationally recognized vendors are participating in the competitive process. • March 2009, is the target date for a decision on the preferred vendor to be selected. • OPG is keeping the community informed of the New Nuclear at Darlington EA Project through the Community Kiosk at the Bowmanville Mall and by Community Information Sessions. • In the fourth round of Community Information Sessions, 8 meetings were held between October 21 and November 6, 2008 with 184 registered participants to seek comments on mitigation measures to address potential effects of the Project, cumulative effects between the new nuclear and other community projects and assess the significance of the effects. John outlined several major aspects of the EA process at Darlington now being studied that included: • The conceptual nuclear plant layouts developed to provide for principle buildings and structures. 4 • Potential Lake Ontario shoreline filling along the Darlington property to provide enhanced site security, storage of excavated rock and soil and additional lands for construction. • The site preparation will take approximately 2 years with a work force of up to 400 to move up to 12 million cubic metres of soil and rock. • The construction of the new nuclear plant of 2 units will take approximately 6-8 years with a work force of up to 3500 employees. • The operation of the new nuclear plant of two units will require up to 1400 employees per year. • Next Steps include: o Fall/winter 2008, to examine the residual effects of the environment on the project o Spring 2009, to conduct the fifth round of OPG's Community Public Consultations o Summer 2009, to submit the site preparation and licence application to the CNSC o 2018 is the preliminary target for start-up of the first unit at Darlington B John Peters or his associates will provide regular updates on the progress of the New Nuclear at Darlington EA Project. More information on the new nuclear units at Darlington is available on the OPG website www.opg.com/newbuild or (866) 487-6006. The overheads John used are attached as Appendix 2. 4.3 Progress Report on the Status of the Pickering B Refurbishment and Continued Operation EA Project John Peters, Manager,Environmental Assessment Nuclear Generation Development for OPG, provided an update on the refurbishment and continued operation of Pickering B until 2060. The highlights of John's presentation were: • OPG has committed to monitor and if necessary to implement corrective actions to ensure items such as: o Provide traffic management and parking to safely accommodate the refurbishment workforce • Ensure public confidence in the safe operation of the plant throughout the various stages of the Project • Keep the public informed about the progress of the Project • Take steps to reduce the low probability of a nuclear incident leading to an off site release • Assess the potential effects of climate change routinely through an adaptive management strategy which will review the adequacy of existing programs • Mitigate the negative effects on local fish populations John indicated some the major conclusions of the EA are: • There are no significant residual adverse environmental effects taking into account the mitigation measures. 5 • The effects of the Project are considered to be minor and are already effectively managed and understood. • The Project is not expected to change the local community's enjoyment of private property or neighbourhoods. • The positive effects of the Project are broad and regional in scope. • There will be ongoing communications with residents that will continue to provide updates on the activities at Pickering Nuclear. • The next steps are: • CNSC will hold a Public Hearing for the Pickering B EA on December 10, 2008 in Ajax • The CNSC EA decision is expected in January or February 2009 John Peters or his associates will continue to update the DNHC on the Pickering B EA Project process. 4.4 Report on the Emergency Preparedness Evacuation Time Estimate Study for the Pickering B EA Project Scott Forsythe, Section Manager, Emergency Preparedness for OPG, provided a presentation on the emergency preparedness study conducted for the Pickering B refurbishment and Continued Operation EA Project on the Evacuation Time Estimate (ETE) Study dated October 2008. The highlights of his presentation were: • The purpose of the study was: • To verify the conclusion in the Pickering B Refurbishment and Continued Operation EA concerning ETE's • To perform this verification using modern methodology that is consistent with ETE's at nuclear stations in the USA • To provide documentation outlining the methodology, the assumptions and the results • An ETE is the elapsed time from when an order is given to evacuate the 3 km and/or 10 km zone until the last person leaves the evacuation zone but not the time it takes to reach a destination. • The study considerations were: • Mobilization time—notification, return of commuters,packing etc • Evacuation time under different traffic conditions • Voluntary shadow evacuation to 15 km • All routes model—no special traffic management procedure • Support data requirements were: • Population data for 2006 • Population growth projections for 2025 and 2060 • Road capacity data for 2006 • Road capacity projections for 2025 and 2060 • The study results were: • In 2006, it would take 3:50-5:00 hours to evacuate the 3 km zone and 4:50-6:30 to evacuate the 10 km zone • In 2025, it would take 5:40-7:10 hours to evacuate the 3 km zone and 6:50-9:00 hours to evacuate the 10 km zone 6 HANDOUTS/CIRCULATIONS COUNCIL C- 0 U 0 CY) U 0 0 U NO 0 0 >. 4-1 (U U gg 0 pm *pm A I;% vommmm oN -'s �NAMvk soon ■D, ■ N ■ ■ m 0 0 S ""' M HAN�- Mm I e IQ All a"" 0 a�" ME 14 Iq X X,14 0 0 14 8 0 a 9 w w 0 A M a Iwon 0 Mail 0 a a Q a '0 19 k�9 116 L li 0 a .4 'm a so 0 if H m V N M A a 0 12 N M ",-,V CL 24 04 M 1211 a a- 1,a■5 m a ,� ■ A 0 ■ ?Dan 00 No DO CL q I z so a a V S ll� man win""SIMME c .�2 as kbb Nown■Am"; R -" I am Manus No 0 so P, a M 0 a 0 a I m a 0 a a a 1.1 .4 IN a& a a w& 4.0 Qa-r m 0 0 0 on N"m IN -, N M 13 k% hN 0 0 NIMM too*% vl%Nvmqlko 0" 0 0 Ln a � � ftftft CL v .� v ,O O Z H .+ i a v v ' 0� a y `a 0 (1) •� � a +.+ Nf ,_Qj t/f +, +.+ cn •v o O W W a V 4-j CA •� o .� o � a a, � v a •� F— v C Q O cn O 0 fo <+ , V LOA fo J rw , 7Y S5 L w CL L �i s r ' E "90 c > loop C {s! 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O 4= > O O O O •� Q Q O O � E (U N _U ) +� O � O O O 0 g o In 2060, it would take 5:50-7:30 hours to evacuate the 3 km zone and 7:30-9:25 hours to evacuate the 10 km zone • The conclusion of the analysis was there is sufficient time to safely evacuate the primary zone of 10 km in case of a nuclear plant malfunction or accident. • Similar methodology will be used for the New Nuclear at Darlington EA Project. Scott Forsythe will keep the DNHC updated on the progress of the Evacuation Time Estimate Study at Darlington Nuclear. Scott can be reached at (905) 623-6670 or by e-mail at scott.forsythe c op.(z.com for more information. The overheads used are attached as Appendix 3. 5.0 Health Effects 5.1 Report from Health Canada on the proposed changes to the Ontario Drinking Water Standards for Tritium Dr. Anar Baweja, Senior Environmental Impact Specialist for Health Canada, provided a presentation on the review of tritium guidelines for drinking water. The highlights of Anar's presentation were: • International limits for tritium in drinking water as measured in Bq/l/year vary as listed below: • Australia 76,000 • Finland 30,000 • WHO 10,000 • European Union 7,600 • Canada 7,000 • USA 740 • On February 21, 2007, the Minister of the Environment requested the Drinking Water Advisory Council (ODWAC) to review and provide advice on the existing standard for tritium in Ontario. • The existing standard for Ontario is 7,OOOBq/l/year. • Public and other stakeholder consultations were held in Toronto on March 26 and 27, 2008. • The final recommendation of the ODWAC is expected soon. Anar indicated the Health Canada response to the ODWAC was based on technical considerations and indicated the ODWAC had the following options: • Keep the current standard for tritium in Ontario. • Lower the current standard for tritium. • Set an objective concentration for tritium at a lower level than the formal standard. Anar's concluding remarks were: • The risks of fatal and non-fatal cancers, at an exposure of 7,OOOBq/l/year, are `negligible' over a lifetime. • For the purpose of setting standards/guidelines, all radionuclides should treated equally by using similar scientific criteria. • Lowering the tritium standard would lead to disharmony with the international guidance/advice such as the WHO and ICRP. Dr. Anar Baweja can be reached at (613) 941-2355 or by e-mail at anar baweia fthc- sc.ac.ca for more information. The overheads used are attached as Appendix 4. 6.0 Communications 6.1 Community Issues at Pickering Nuclear Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on Community Issues at Pickering Nuclear. The highlights of the Don's presentation were: • 4 Pickering units are operating at close to full power with units 7 and 1 shut down for maintenance outages. • Pickering A has achieved more than 1.7 million hours without a lost-time accident and Pickering B employees have worked more than 2.3 million hours without a lost-time accident. • Pickering Nuclear is working with several community partners on environmental issues in November and December 2008. • In October, OPG was recognized by the Industrial Accident Prevention Association for its partnership with the Safe Communities of Ajax and Pickering and received the Ambassador for Safety Partnership Award. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or by e-mail at don.terrvCc copg.coin for more information. 6.2 Community Issues at Darlington Nuclear Don Terry, Manager of Public Affairs at Pickering Nuclear, provided a presentation on community issues at Darlington Nuclear for Jennifer Knox who could not attend the DNHC meeting today. The highlights of Don's presentation were: • Darlington has 4 units at close to full power with no planned maintenance outages until the Vacuum Building Outage in the Spring of 2009. • Darlington hosted several tours over the last few weeks including the NWMO, Canadian Environmental Assessment Agency and the Ontario Ministry of Energy and Infrastructure. • Darlington has been nominated as one of four sites in North America to receive the Wildlife Habitat of the Year Award and the winner will be announced next week in Baltimore. • Darlington is working with several community partners on environmental issues in the Fall of 2008. • OPG will be will be participating next week with a booth and speakers at the annual Association of Power Producers conference featuring information on nuclear generation performance and the New Nuclear at Darlington Project. 8 • In October, the latest issues of the Pickering and Darlington Nuclear Neighbours newsletters were released and delivered to host communities in Pickering and Darlington communities. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 by e-mail at Jennifer.knox(n`ong.com for more information. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 5. 7.2 Review of the DNHC Terms of Reference Robert Kyle provided a copy of the proposed Revised Terms of Reference with two minor changes from the existing Terms of Reference dated October 2006. After some discussion, there were no other suggestions of change. Robert Kyle will prepare a report to the Health and Social Services Committee and Regional Council for approval of the changes. 7.2 Confirmed dates for DNHC meetings in 2009 Robert Kyle indicated the following DNHC meetings have been confirmed for 2009. • January 16th to be hosted by Darlington Nuclear • April 17th to be hosted by the University of Ontario Institute of Technology • June 19th to be hosted by the Health Department • September 18th to be hosted by Pickering Nuclear • November 20th to be hosted by Darlington Nuclear 7.4 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on January 16, 2009 or future DNHC meetings may include: • Progress report on Proposed Changes to Drinking Water Standards for Tritium • Progress Reports on EA's for Darlington B, Pickering A and B and the Port Granby Project • Report on the Use and Supply of Medical Isotopes in Canada • Progress Report from Cancer Care Ontario on their Ontario Health and Environment Information System • Report from the DRHD on their recently developed neighbourhood epidemiological studies using geographic information system technology • Progress Report from Health Canada on their Radiation Monitoring Program 9 8.0 Next Meeting Date January 16, 2009 Time 12:00 PM Lunch served 1:00 PM Meeting begins Location Courtice Community Complex 2950 Courtice Road Meeting Room B Clarington, Ontario 9.0 Adjournment at 4:45 PM 10 GANARASKA REGION CONSERVATION AUTHORITY I - 5 MINUTES OF THE FULL AUTHORITY December 11, 2008 FA 07/08 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:20 p.m. MEMBERS PRESENT: Brian Fallis, Chair-Township of Cavan Monaghan Raymond Benns -Township of Alnwick/Haldimand Miriam Mutton —Town of Cobourg Bob Spooner—Town of Cobourg Mark Lovshin —Township of Hamilton Twila Marston — Township of Hamilton Cal Morgan — Municipality of Port Hope Gord Robinson — Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Magdi Widaatalla, Manager, Watershed Services Pam Lancaster, Stewardship Technician Steve McMullen, Forester Recreation Technician George Elgear, General Superintendent Members of the Public ABSENT WITH REGRETS: Linda Thompson - Municipality of Port Hope Charlie Trim — Municipality of Clarington ALSO ABSENT: Dave Marsh — City of Kawartha Lakes 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meetinq FA 65/08 MOVED BY: Gord Robinson SECONDED BY: Ray Benns THAT the Full Authority approve the minutes of the October 16th, 2008 meeting. CARRIED. 4. Adoption of the Agenda The Chair informed the Board that there was one additional staff report and two additional permits. Minutes FA 07/08 Page 2 ' FA 66/08 MOVED BY: Ray Benns SECONDED BY: Gord Robinson THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations: None 6. Presentations: a) Development and Testing of a Groundwater Indicator for Low Water Response Program The Manager of Watershed Services, Magdi Widaatalla, gave a presentation on the development and testing of a Groundwater Indicator for Low Water Response. Members asked about programs in other Conservation Authorities and indicated that in 2007 there were shallow well failures within some municipalities. It was indicated that the shallow wells are the first indicators. Indicators are precipitation shallow acquifers then river flow. Members asked questions in regards to when the public would be asked to restrict water consumption. FA 67/08 MOVED BY: Bob Spooner SECONDED BY: Twila Marston THAT the Full Authority receives the presentation for information. CARRIED. b) Cobourg Creek Watershed Plan The Stewardship Technician, Pam Lancaster, presented an update to the members on the Cobourg Creek Watershed Plan. She presented what the plan will look like upon completion and indicated the components. The members asked questions in regards to the presentation and how situations may affect the water supply such as abandoned wells. The final plan is to come to municipal councils and the board in January. FA 68/08 MOVED BY: Mark Lovshin SECONDED BY: Gord Robinson THAT the Full Authority receives the Cobourg Creek Watershed Plan presentation for information. CARRIED. 7. Business Arising from Minutes: a) 2009 Levy vote Gord Robinson expressed some concern in regards to the proposed 3% salary increase. Minutes FA 07/08 Page 3 FA 69/08 MOVED BY: Twila Marston SECONDED BY: Ray Benns THAT the Full Authority adopt the 2009 Levy. CARRIED. A recorded vote is required. Ray Benns, Township of Alnwick/Halimand (0.9466%) yes Gord Robinson, Municipality of Clarington (22.63115%) no Twila Marston, Township of Hamilton (5.8978%) yes Cal Morgan, Town of Port Hope (9.3819%) yes Miriam Mutton, Town of Cobourg (11.4631%) yes Brian Fallis, Township of Cavan Monaghan (0.2078%) yes Bob Spooner, Town of Cobourg (11.4631%) yes Mark Lovshin, Township of Hamilton (5.8978%) yes The total percentage present to vote was 67.88915. To carry the motion 51% total of those present is required (34.6234665) and cannot be from a single municipality. The vote was carried. (45.258%) 8. Chair and CAO/Secretary-Treasurer Remarks The Chair spoke about the AD Latornell. He said it was one of the best symposiums that he has attended. He learned a lot about climate change. The Chair asked the Board members if they would like to receive the agenda package electronically. After a discussion, it was decided that members would receive the package electronically and in the mail for a trial period. The CAO/Secretary-Treasurer updated the members on the Conservation Ontario meeting. Construction of the Ganaraska Forest Centre is progressing on time. Substantial completion in mid-January with completion at the end of January at which time GRCA staff will co-ordinate contractors to complete the Centre. Conservation dinner tickets are now available. 9. Business from the Board Members. Gord Robinson wished everyone a merry Christmas. Twila Marston wished everyone a happy, healthy holiday season. Bob Spooner informed members that the artificial rink will be opening in Cobourg at 6:00 pm on Saturday. Miriam Mutton will not be participating in selling raffle tickets. She wished everyone a Merry Christmas. Ray Benns wished a Merry Christmas to all and thanked members for their co-operation through these interesting times. Mark Lovshin wished everyone a Merry Christmas. 10. Correspondence: FA 70/08 MOVED BY: Mark Lovshin SECONDED BY: Bob Spooner Minutes FA 07/08 Page 4 THAT correspondence items#17 through #20 be received for information. CARRIED. 11. Applications under Ontario Regulation 168/06: The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06-988-10/08 — Dave Chomitz – (Town of Cobourg) – construction of deck b) 168/06-989-10/08 — William Harford / Kelly Brownell - (Municipality of Port Hope)–construction of a 30' x 40' barn c) 168/06-990-10/08 — Sherry & Mark Holmes/Matt Burley - (Township of Hamilton) –stabilization of Cobourg Creek stream bank d) 168/06-991-11/08 — David Herd – (Town of Cobourg) - construction of a replacement shoreline armour stone wall e) 168/06-992-11/08 — Enbridge Gas - (Municipality of Clarington) – directional drilling beneath a watercourse for installation of gas pipeline f) 168/06-993-11/08 — Mike & Gayle Willoughby / David Veenstra - (Municipality of Clarington) – directional drilling beneath a tributary of Graham Creek for gas line installation g) 168106-994-11/08 — Brian Thornton - (Municipality of Clarington) – replace 3 existing CSP culverts with 2 concrete box culverts for emergency driveway access Miriam Mutton asked for clarification of the map for permit 168/06-990-10/08. Gord Robinson stated that the Municipality of Clarington had an issue with Enbridge's work at the 7t' Concession south of Leskard Road, He asked questions regarding permit 168/06-992-11/08 and if this issue was present with this permit. FA 71/08 MOVED BY: Mark Lovshin SECONDED BY: Gord Robinson THAT the Full Authority approve permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None 12. Committee Reports: a) Ganaraska Forest Recreation Users Committee– November 6 Discussion took place as to whether the Forest could safely handle the current usage. Staff indicated that parking and staging are an issue. Members were concerned that adequate parking should be available and the Municipality of Clarington is looking into this. Ray Benns said the most important thing is that each event will be looked at individually. FA 72/08 MOVED BY: Twila Marston SECONDED BY: Cal Morgan Minutes FA 07/08 Page 5 THAT the Ganaraska Forest Recreation Users Committee minutes be received for information. CARRIED. b) Ganaraska Forest Recreation Users Committee — November 27 FA 73/08 MOVED BY: SECONDED BY: THAT the Ganaraska Forest Recreation Users Committee minutes be received for information. CARRIED. 13. New Business: a) 2009 Economic Adjustment There was a discussion among the members. Gord Robinson voiced concerns regarding the current economy and the proposed 3% salary increase. FA 74/08 MOVED BY: Cal Morgan SECONDED BY: Bob Spooner THAT the Full Authority approve the 2009 Economic Adjustment staff report. CARRIED. b) Conservation Authorities Moraine Coalition Resolution FA 75/08 MOVED BY: Twila Marston SECONDED BY: Bob Spooner WHEREAS the Oak Ridges Moraine Foundation (ORMF) was created by the Province of Ontario in 2002 and at that time the Province provided the ORMF with $15 million to support its activities: WHEREAS ORMF has provided the Ganaraska Region Conservation Authority (GRCA) with funding for the redevelopment of the Ganaraska Forest Centre and the Oak Ridges Moraine Information Centre, stewardship initiatives and management and research projects; WHEREAS this funding has been a key factor in the success of these projects; WHEREAS the ORMF has committed most of the initial provincial funding to stakeholder projects and will not be able to continue to support projects on the moraine without additional funding; Minutes FA 07/08 Page 6 THAT the Full Authority request that the Province of Ontario renew its financial investment in the Oak Ridges Moraine by providing additional funding of $30 million to the ORMF and; FURTHER THAT a letter requesting support go to the watershed municipalities and; FURTHER THAT correspondence be sent to the MPPs of the area. CARRIED. 14. Other Business: a) Horse riding events at the Ganaraska Forest Centre Ray Benns asked in regards to looking for overflow parking with the Municipality of Clarington. Mark Lovshin asked about accommodating snowmobiling and ski events. FA 76/08 MOVED BY: Bob Spooner SECONDED BY: Cal Morgan THAT the Full Authority receive the staff report for information purposes. CARRIED. 15. In Camera None 16. Adiourn The meeting adjourned at 9:35 p.m. on a motion by Bob Spooner. i CHAIR AO/SECRETAR TREASURER D - 9 200 University Ave,Suite 801 Toronto,ON M5H 3C6 • Tel.:(416)971-98561 Fax:(416)971-6191 Association of Municipalities of Ontario E-mail:amo @amo.on.ca MEMBER COMMUNICATION ALERT N°: 08/064 To the attention of the Clerk and Council FOR MORE INFORMATION CONTACT: December 19,2008 Milena Avramovic,Senior Policy Advisor,AMO (416)971-9856 ext 342 We Need Your Support of the AMO position on the Waste Diversion Act and the Blue Box Program Plan Review Issue: As we advised in November, the Minister of the Environment launched a discussion paper to officially begin the five year review of the Waste Diversion Act(WDA). He also directed Waste Diversion Ontario (WDO)to conduct a review of the Blue Box Program Plan (BBPP). AMO has submitted responses to both of these requests. AMO needs your written comments to the Minister in support of both these positions. Background: The Ministry of the Environment is looking for feedback on the challenges associated with Ontario's waste diversion framework, the programs under it, and the proposed plan for moving forward. A number of consultation sessions have been held across the province and now the Ministry is looking for written submissions. AMO through its Waste Task Force, has developed responses to both of these reviews which are attached (please click here). You will note that both of the letters reflect very closely the position papers developed by AMO and supported by you, our members. The responses highlight municipal challenges and perspectives and will help shape any recommended changes to the WDA, the BBPP and the strategic waste management directions. We need you to advise the Minister and the WDO of the Environment in writing that you support these positions. Action: That your municipality supports the attached AMO positions with correspondence to the Minister of the Environment by January 15,2009 for the WDA and by February 27, 2009 for the BBPP. For responses to WDA, BBPP: Hon. John Gerretsen Minister of the Environment 12th Floor - 135 St Clair Avenue West Toronto ON M4V1 P5 For responses to BBPP Only: Andy Pollock Hon. John Gerretsen Vice Chair Minister of the Environment Waste Diversion Ontario 12th Floor- 135 St. Clair Avenue West 45 Sheppard Avenue East-Suite 920 Toronto, ON M4V 1 P5 Toronto, ON M2N 5W9 Association of .�• 1-1 Municipalities of Ontario Association of Ami Municipalities of Ontario 0 �;a6m of c tks of oma o OFFICE OF THE PRESIDENT December 19, 2008 Hon. John Gerretsen Minister of the Environment 12th Floor- 135 St Clair Ave W Toronto ON M4V1 P5 Andrew Pollock Vice-Chair Waste Diversion Ontario 45 Sheppard Avenue—Suite 920 Toronto, ON M2N 5W9 Dear Minister Gerretsen and Mr. Pollock: Re: Review of the Blue Box Program Plan This is in response to the Blue Box Program Plan Review recently directed by the Minister of the Environment. While the current Blue Box Program has been successful, it has become obvious to those in the business that recycling alone is not enough. Ontarians are throwing out as much waste today, perhaps more than at the time the Blue Box was first implemented some 20 years ago. Over this 20 year period it was the property taxpayers of this Province who have paid for all of the disposal costs of this waste, and most of the recycling cost. It is time to for this practice to stop Most companies that make the printed paper and packaging material that are collected in the Blue Box do not think of recycling and disposal during the design stage of their product as they pay only a small fraction of the actual cost of managing it. When companies have full responsibility for the costs of managing their product at the end of the lifecycle, we will get products that are designed better for the environment and cost less to manage when we are done using them. The Association of Municipalities of Ontario (AMO) and the Municipal Waste Association (MWA), formerly known as AMRC, supports the shifting of full responsibility for all activities related to managing discarded consumer packaging and printed paper to the stewards responsible for producing this packaging. This Extended Producer Responsibility (EPR)framework will provide the incentive for stewards to examine and implement new design into their products to reduce the amount of the material in the first place, to enable reuse, to design with recyclability in mind and to design it in a way that it will be cost effective. This is not an unusual concept to most of the stewards to the Ontario Blue Box program as EPR programs exist in other Provinces of Canada and other countries in the world where these stewards market printed paper and packaging. AMO and MWA prepared the "AMO and AMRC Discussion Paper for an Alternative Approach to Ontario's Blue Box Funding Model" a position.paper which has been submitted to the Minister and strongly advocates for full Extended Producer Responsibility on all costs associated with the management of all post consumer packaging and printed paper. It recommends among other things, an expanded list of designated Blue Box materials to include all post consumer packaging and printed paper. It advocates that all costs associated with the management of this material be 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a.amo.on.ca • 1 www.amo.on.ca Tel: (416) 971-9856 J Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 2 paid by the stewards including any costs associated with the management of the litter and garbage stream (energy recovery and landfill). It advocates for incentives and penalties, defining and enforcing recovery targets, management of problematic materials and promotion and education strategies. The transition to a full EPR program, whereby the responsibility for managing consumer packaging and printed paper in the residential waste stream transfers from municipalities to industry, will involve some major policy changes that will need to be implemented, AMO and MWA believe it can be done in 3 years. Some recommended policy changes would include: • Introducing a new regulation requiring the Industry Funding Organization to implement a Province-wide blue box recycling program that provides the same level of service currently provided to the residents of Ontario, or better. This may include curbside collection, multi- residential collection and public space recycling programs. Other mechanisms may be introduced, i.e., deposit-return; depot; return to vendor; etc. that would augment existing recycling programs. The key to remember is the level of service to the resident,whatever the approach(s) chosen the service needs to be equal to what is currently available or better to ensure an increase in the rate of participation and to ensure resident satisfaction. The new regulation will need to establish clear service standards with respect to service frequency, local promotion and education activity, and financial penalties for poor performance to ensure existing collection service standards are maintained. It is imperative that Province- wide promotion and education activities in support of program performance be central to any plan. In addition, financial incentives need to be provided to municipalities for local promotion and education in support of the program in much the same manner as has been implemented with the Municipal Hazardous and Special Waste Plan (MHSW). It is also imperative that annual auditing and monitoring of all systems be undertaken to document all stages of the management of the material the reduction and reuse but also disposal. Reducing the materials from disposal is as much a key in diverting this resource as it is in the reduction of this material in the design stages of its development. • Change the definition of Blue Box Waste in Regulation 101/94 to include all consumer packaging and printed paper. Establish a short-term timeframe of three years by which time all consumer packaging and printed paper must be accepted in residential recycling programs, with strict recycling targets for each type of packaging and printed paper product. • Although we support the shifting of responsibilities and costs to the stewards, we believe that there is a role for municipalities. Municipalities will continue to collect garbage, source separated organics and yard waste material at the curb and have the expertise and associated infrastructure to support recycling collection activities (e.g. complaint response system, mapping for routing, etc.). In many municipalities, recyclables are being co-collected with other materials. We therefore support the concept of municipalities having the opportunity to negotiate or bid on the delivery of all services and especially on the collection of recyclables. This too is nothing new as municipalities will have the opportunity to enter into contractual arrangements with OES to delivery the WEEE program at a set fee. 3 During the 3 year transition period in which industry is adjusting the Blue Box system to accommodate all consumer packaging and printed paper, all municipal costs of managing non- recyclable packaging in the municipal waste and litter stream needs to be compensated at 100%. After the transition period expires, municipalities would be responsible for managing any Blue Box Waste remaining in the municipal waste stream. This speaks to municipalities using existing tools under the Municipal Act to limit garbage bags and pushing BB material out of the disposal stream and into reuse and recycling. The amount of the material in the garbage is expected to reduce as quickly as municipalities implement those tools. In this recommended approach the municipal role would be one of fee for service for those municipalities that would voluntarily wish to continue with the delivery of recycling collection (as is the case with WEEE). Stewardship Fees Steward fees will need to reflect the actual cost of managing the consumer packaging and printed paper that is recycled, ends up as litter or is disposed of in municipal garbage collection systems. What needs to be remembered is the absolute fundamental requirement to implement a Provincial Hierarchy Policy or Chain that management of these materials must take. We need to be cognizant of the fact that the disposal of consumer packaging and printed paper is often less expensive than managing the material in the 3R's hierarchy. Accordingly, there needs to be incentives and penalties built into the fee structure using the Hierarchy as a basis for the formula. In other words, those redesigning the product to be more reusable or easily recyclable should be rewarded while those producing difficult materials to recycle or producing materials for disposal should be penalized with higher fees. Practically speaking this must result in increased fees to cover the full cost of managing consumer packaging and printed paper. Specifically the formula will need to shift more costs from better performing to poorer performing materials, reward materials that achieve material specific recycling targets (and penalize those that don't) and credit stewards that incorporate recycled content in their products and packaging. Any company or sector that currently exists, or a new one that chooses to implement an alternative recovery system (e.g. deposit- return), should remain an obligated steward to pay for the costs associated with managing any of their consumer packaging or printed paper that is still being managed by another system i.e. curbside/multi-residential/public space recycling system or disposal. Environmentally Responsible Manaaement AMO and MWA supports the following mechanisms being added to the Blue Box Program Plan to ensure environmentally responsible management of Blue Box material: - vendor qualification standards for collection contractors, processing facilities and end markets - investment in processing technology to reduce cross-contamination of collected material - investment in Ontario-based material converters and end markets to expand capacity (particularly for hard to recycle plastic packaging)and to more effectively manage contamination levels in material collected in multi-material recycling programs. 4 Additional Blue Box Waste AMO and MWA supports redefining Blue Box Waste as "all consumer packaging and printed paper' including primary, secondary, tertiary and in-store packaging that is conceived to be distributed to household consumers. Other types of residential waste, such as furniture, toys, dishware, tools, clothing, mattresses, diapers, etc. should be the subject of separate Waste Diversion Plans under the WDA. Blue Box Waste Collected Outside the Blue Box AMO and MWA's position is that all consumer packaging and printer paper should be recyclable and included in the curbside/multi-residential/public space recycling system, or alternative recovery systems fully funded and operated by industry. Municipalities should be reimbursed for 100% of the cost of managing consumer packaging and printed paper in the waste and litter streams. It is recognized that municipalities need to commit to use the tools at their disposal to limit the amount of garbage and force post consumer packaging and printed paper into the Blue Box stream. Program Performance - ALL Post Consumer Products and Printed Paper to be collected in all municipal programs. - Each material type needs a robust target for reducing, reusing and finally recycling. It needs to be reviewed and a new target for every year of a 5 year plan. The Plan should also reviewed every 3 years and new targets set. Severe penalties for those materials not meeting the targets or those products that have not changed to be compliant with the Hierarchy must be implemented and acted upon by the Government. This could include the direction for the establishment of a product specific system. Industry must be fully responsible for the management and cost of the program for all communities in Ontario. All communities in the Province must have access to recycling that is equal or better than the existing program. Industry should investigate how/where to consolidate materials in outlying communities before shipping to market that does not place undue hardships on the communities. Cost of freight from northern/isolated communities must be covered. As stewards assume full responsibility for recycling, efforts to increase efficiency of the program should be undertaken and should include harmonization of materials, transportation, deposit-return; return to vendor; compost; etc. Promotion & Education programs conducted at the Provincial level need to provide a consistent and comprehensive level of service. To reach the resident at the community level, adequate industry funded financial incentives need to be provided to municipalities in order that they may target specific curbside collection requirements. Problematic Wastes 1. A Packaging Review Panel (and/or a set of standards for packaging or products using EPR principles) should be struck, that will develop an Ontario logo system for identifying how the material is to be handled at the end of its life, whether that be through deposit-return, return to vendor, Blue Box, compost, etc. 5 2. There is a need for a standard review of any new packaging or product coming onto the market. This should also be used on any product already in the market place, particularly those currently identified as difficult materials. The producer/packager should have to go through a process that is similar in scope to the Environmental Assessment(EA), showing the alternatives considered. If the material is not recyclable, it should not be allowed into the marketplace. If the material does not fit into the Blue Box, or can't be readily processed with existing infrastructure (must be able to be processed with a lowest common denominator MRF), it should be handled in a different way at that producers full cost. Any cost of the standard review to be borne by the steward. 3. Through continuous improvement, any material not reaching the Program target must be financially penalized. The penalty can also include the expulsion of the problem material from a Program and direction to the steward to set up an alternative method of managing this material. 4. Stewards are to be responsible for the province-wide consistent and continuous and robust Promotion and Education. Municipalities should be compensated to continue with community level promotion and education programs, particularly as it relates to the blue box materials to divert them from disposal and into the blue box. ICI Wastes 1. The IC&I sector needs their own BBPP with ground rules and oversight set by the government. Special attention needs to be given to the multi family residential and the BIA's where they are currently part of the municipal BB system. 2. The IC&I sector represents significant volume and tonnage of materials and could conceivably add an additional two times what the residential sector is currently processing. This could mean significant ramifications on existing processing capacity and markets.. 3. Continual enforcement of Regulations, especially on waste audits and waste reduction work plans as required by Regulation 102/94. 4. Ministry to create incentives for the IC&I sector to recycle and for the private sector waste management companies to participate. 5. Identify end markets and develop a phased in approach to ensure that end markets are growing at comparable rates. Focus on material to be recycled; recycled content; and, market development. Yours sincerely, Zs.*-x auo'.4- Peter Hume President cc: Hon. John Gerretsen, Minister of the Environment Jamie MacDonald, Senior Special Adviser, Policy, Ministry of the Environment John Vidan, Director, Waste Mgmt. Policy Branch, Ministry of the Environment Am; 0 Association of Municipalities of Ontario ^WL-16M of hunkipAliftof 0,IM10 OFFICE OF THE PRESIDENT December 19, 2008 Alena Grunwald Project Manager Ministry of the Environment Integrated Environmental Planning Division Waste Management Policy Branch 35 St Clair Avenue West- Floor 7 Toronto, ON M4V 1 P5 Dear Ms. Grunwald: Re: Response to the Review of the Ontario's Waste Diversion Act, 2002 Discussion Paper, EBR 010-4676 This is the response from the Association of Municipalities of Ontario (AMO) and the (Municipal Waste Association (MWA)formerly the AMRC to the Ministers invitation to participate and respond to the review of the Waste Diversion Act, 2002. Toward a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002 Discussion Paper for Public Consultation At the outset, AMO and WMA advocate the enactment of a new Ontario Waste Management Act, of which one part would address waste diversion issues. This change is required as waste diversion and waste management matters are currently addressed in the Waste Diversion Act, 2002 and the Environmental Protection Act. AMO/WMA do not advocate making amendments to the Environmental Assessment Act, as this Act has been reviewed extensively in the recent past. Comprehensive legislation addressing all aspects of waste management and resource recovery is required for Ontario. Full Extended Producer Responsibility 1. How can the Act be revised to embed extended producer responsibility in Ontario's waste diversion framework to drive toward zero waste and foster a green economy? The preamble and/or purposes of the new Ontario Waste Management Act must clearly embed the following guiding principles to aid in interpretation of the legislation: • Waste as a resource — with zero waste as the provincial goal by a realistic target date; and • Extended producer responsibility as a methodology to assist in the preventing of generation, reducing, reusing, recycling, recovering energy and disposing of waste. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a),amo.on.ca • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 I Toll-free in Ontario: 1-877-426-6527 2 2. How can existing waste diversion programs move toward fuller extended producer responsibility? Industry stewards must be empowered to take full life cycle responsibility for all aspects of a product or packaging for products imported or manufactured in Ontario. Stewards would be responsible for meeting material specific diversion (re-use and recycling) targets. Stewards would, however, be free to design product stewardship programs that may or may not include the existing blue box delivery model provided the level of service for Ontario residents remains the same and has the potential for improving. 3. What are the roles and responsibilities of municipalities in a full extended producer responsibility framework? Municipalities owning or operating waste disposal facilities may continue to offer services to the public and industry stewards. Stewardship groups may opt to contract with municipalities for delivery of services to the residential and the industry commercial and institutional (IC&I) sectors, where efficiencies continue to exist. Stewardship groups would be responsible for provincial-wide promotion and education of their programs. Municipalities can provide local promotion and education to encourage residents to the most appropriate collection method or place of collection, at stewards' cost. Define extended producer responsibility to benefit the environment 4. How can the extended producer responsibility principle be defined in the Act in order to recognize the impact of waste and non-waste factors? EPR must be extended to all materials, such that eventually all materials have inherent value and are not considered waste. As for non-waste factors such as energy efficiency, toxics reduction, greenhouse gas emissions and use of raw materials, the fees should reward products that are capable of re- use, increased use of recycled materials. The fee structure should not take into account greenhouse gas emissions or toxics reduction as other jurisdictions or other Ontario Ministries can best regulate those issues. AMO/WMA declines to comment on energy efficiency, since recycling of materials will always be more energy-efficient than manufacture from a raw state and has, thus, been accounted for as noted above. 5. How can programs best extend producer responsibility beyond that portion of the waste stream that is recycled? For both the residential and IC&I sectors, AMO/WMA supports the monitoring of the way waste is disposed in Ontario to aid in the setting of waste reduction and diversion targets. AMO/WMA supports the incorporation and expansion of the principles of Bill 105, currently before the Ontario Legislature (further commented on in response to question number 21). For example, through mandated and steward-financed periodic waste audits, operators of 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(d),amo.on.ca 0 • www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 9 3 waste disposal and energy recovery facilities will know what percentage of their waste streams are composed of recyclables and those materials that cannot be recycled. This data would be submitted to both Ministry of the Environment and Waste Diversion Ontario (WDO). WDO would coordinate the funding remittal of that portion of fees from the appropriate IFO to the operator of the facility. This funding contribution is intended to off-set the cost of operating and maintaining the costs, especially long-term costs in landfill site maintenance following closure. The Ministry of the Environment will use the data to assist in enforcement Province-wide waste shed infrastructure planning and policy development. Incorporate greater flexibility for industry in meeting extended producer responsibility requirements. 6. Does the Act provide the incentives necessary to encourage industry-led stewardship plans and individual stewardship plans? (a) If so, how can those tools be used to encourage the development of industry-led waste diversion programs? (b) If not, what additional tools are required to provide maximum flexibility for producers? The Act could be used to encourage the development of industry-led waste diversion programs. Materials, with re-use and recycling targets, could be designated ahead of program development with longer lead times to develop programs, which would encourage industry-led programs. AMO/WMA does not support the continuation of voluntary contributions such as the in-kind advertising contributions— as are currently utilized by the Canadian Newspaper Association and the Ontario Community Newspapers Association in the current Blue Box Program Plan — since these do not provide a stable and guaranteed secure funding contribution to the industry funding organization and Ontario's municipalities. Aside from more realistic time to develop plans and markets, AMO/WMA do not believe that additional tools are required for producers. Industry should be reminded that they always have an option to bring forward an industry-led waste diversion program to WDO or the Ministry under subsection 34(1) and 34(2) of the Act. In this view, however, this application should be made solely to the Minister for approval, with a copy of the application being submitted to WDO for any review comments back to the Minister. 7. Extended producer responsibility programs are typically built on annual fee setting cycles. Can the fee setting cycles of the programs be redesigned to react more quickly to marketplace changes, or the entrance of new products and packaging into the market? 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(aD-amo.on.ca www.amo.on.ca Tel: (416) 971-9856 1 t=ax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 4 Yes, the fee setting cycles can be adjusted to react more quickly to market changes and new introductions into the market. At present, stewards report market sales information on a quarterly basis with stewards' fees being set on an annual basis. In AMO/WMA's opinion, it should be able to adjust fees so that they are set using the prior quarter's sales to more accurately reflect market share. With material specific diversion targets being phased-in over time, both the stewardship organization and WDO should be able to anticipate new product and packaging entries into the markets. Fee Visibility 8. As a key principle of an EPR approach, should the province call for fees related to environmental management costs to be included in the product cost as a factor of production, rather than added separately at the point of sale? AMO/WMA agrees that visible fees should not be added separately at the point of sale. Deposit return fees have been incorporated into the product costs and are not shown separately to consumers. AMO/WMA supports the internalization of the fees that producers and stewards of products will be required to pay to compete in the Ontario marketplace. The only instance in which visible fees may be palatable is for retailing of products with high toxicity—to directly promote consumer choice to more environmentally-friendly alternatives. Impact on Existing Markets 9. How can Ontario ensure fairness and competition when introducing waste diversion programs? This is a difficult question —since market factors cannot and do not always promote reduction or recycling programs. In many cases, it appears to cost more to recycle and it certainly is more complicated to design a viable recycling program, rather than shipping waste to landfill disposal within or outside of Ontario. Where materials are to be designated, it makes sense to give realistic development timeframes to allow stewards to change product and packaging materials and develop infrastructure processing and local markets. Open competition and transparent contract procurement must be practiced with the use of established MERX postings at all times. Stewardship models 10. How could individual stewardship be incorporated into the Act to better drive diversion? 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(c'�amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 5 Stewards that openly redesign products and packaging using "design for environment" to reduce product and packaging waste or utilize recycled or easy-to-recycle materials with local infrastructure, should receive credit offsets against their fees payable to the industry funding organization. Product stewards that introduce products or packaging that leap-frog one of the steps of the waste management hierarchy toward energy recovery or waste disposal should be penalized correspondingly. 11. What tools would help consumers better manage the wastes they generate? The Province could pass consumer protection legislation that would allow all consumers who utilize retail outlets to leave product packaging at the retail outlet, to facilitate easy recovery for re-use, recycling, energy recovery or disposal, as appropriate. If consumers purchase products on-line, the return of both the product and/or the product packaging, should be explicitly at the cost of the retailer, distributor or industry steward. If products or packaging cannot be returned to point of sale, then they must be managed through steward funded programs. This legislation would also ensure that advertising of these options be readily available to all consumers to increase waste recovery efforts in Ontario. Improve and extend stewardship 12. How can stewardship best be extended to materials outside current waste diversion programs such as new, non-recyclable materials or waste that ends up as litter? Increased fees would be levied to those stewards who introduce new non-recyclable materials or convert from easy to-more difficult recyclable materials Into the market. In addition to steward fees, the Province should impose targeted provincial excise fees on such products, upon import. Municipalities would continue to be responsible for the collection and disposal of litter and would conduct regular waste audits at their facilities. With audit information available, stewards whose products end up as litter would be financially responsible to contribute to the municipality's long-term cost of managing the waste disposal, waste processing or energy recovery facility. Decreased fees or one-time credits would be levied on stewards who decrease packaging or sell different amounts of products upon consumer demand (i.e. paint sold by room dimension). Establish the 3Rs hierarchy in the Act 13. How can the 3Rs be better entrenched in the Act to drive toward zero waste and foster a green economy? 200 University Ave., Suite 801 Toronto ON M51­1 3C6 Canada E-mail: amo(aa�amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 6 AMO/WMA supports the incorporation of a schedule in the waste/resource management legislation which goes beyond the 3Rs and clearly sets out the waste management hierarchy: prevent waste generation, reduce, re-use, compost, recycle, energy derived from waste, waste disposal without energy recovery. Should another hierarchy develop in the future or changes need to be made, the schedule could be amended in the future. 14. Does the Act provide the necessary tools required to promote the 3Rs? (a) If so, how can those tools be used more effectively? (b) If not, what additional tools are needed? Waste reduction, re-use and diversion targets were set for Municipal Special or Hazardous Waste and Waste Electronics and Electrical Equipment Plans. Continued monitoring of.the progress towards these targets must be formally made by WDO Ontario and informally by the appropriate Industry Funding Organization or industry, in the case of an industry-led stewardship plan. As such, AMO/WMA supports the inclusion of"continuous improvement' as an explicit program policy role for WDO. For more information on explicit changes to the legislative wording, please see the AMO/AMRC Review of the Waste Diversion Act Discussion Paper submitted in July 2007, which is attached to this submission. Where targets are not made and progress is not observed, funding levels should be able to be adjusted by WDO to promote the development of markets and corresponding infrastructure. This would require increased funding approval powers for WDO. Stewards can avoid the rise in funding contributions by utilizing proper design for environment principles or adjusting funding levels on their own to cover their costs of implementing extended producer responsibility. WDO would also act to ensure that the cost of the programs is realistic and fair for producers to ultimately impose on Ontario consumers. 15. What additional principles should be embedded in the Act to guide development of waste diversion programs in the province? AMO/AMRC continues to support the inclusion of open, broad and inclusive consultation in the development of waste diversion programs. The AMO/AMRC July 2007 Discussion Paper (attached) went into great depth as to the need for increased public consultation and how to enshrine this principle in the Act. Where industry proposes to impose industry-led waste reduction and diversion plans, AMO/WMA would also like to see the industry conduct consultation with key stakeholders on their proposed changes. This would have, perhaps, staved off the introduction of such problematic packaging materials, such as the Coleman "Green Key", into Ontario markets. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a�_amo.on.ca • www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 7 The role of the consumer 16. How can the Act be used to better encourage and leverage the role of the consumer in the 3Rs hierarchy? AMO/WMA supports and has expanded on the examples cited in the WDA Discussion Paper to empower consumers in making responsible decisions, such as: • Ensuring robust, steward-led Provincial-wide promotion and education messaging on waste diversion (reduction, composting and recycling) programs; • Ensuring complementary local education by municipalities in the delivery of local waste disposal and energy recovery programs; • Requiring retailers make it easy for consumers to take back products and packaging at point of sale and when consumers no longer need the products and/or packaging; • Incorporating deposit return systems for certain products and packaging to spur on higher levels of collection; • Entrenching consumer access options to above systems, irregardless of population density or geography; • Requiring products to have clear labels to inform consumers of options for take back, deposit return, recycling and environmental impacts of disposal for products and the packaging of products; and • The Ministry of the Environment should work with the Ministry of Education, Ministry of Training, Colleges and Universities, Ministry of Health Promotion and the Ministry of Economic Development to provide consumer-based education on the cost and impacts associated with the purchase of products and packaging. 17: What are the incentives that would most likely result in greater waste reduction and reuse? We have seen that deposit return can properly incent consumers to divert materials from waste disposal and the Blue Box to an appropriate and convenient deposit return point of contact. Local municipal control needs to be continued and expanded to implement material-specific landfill and energy recovery bans on all facilities. Municipalities may need to consider implementation of clear bags for disposal, to allow for easier enforcement of mandatory diversion and recycling by-laws. Where municipalities fail to act, the Minister may be empowered under legislation to impose bans on designated materials and other methods to encourage waste reduction and diversion. All municipalities within certain geographic areas may need to consider implementing tag-a-bag fee systems. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada I E-mail: amo c(D.amo.on.ca • • www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 I Toll-free in Ontario: 1-877-426-6527 8 18. What additional incentives would most likely drive greater waste diversion efforts by consumers? Local municipal promotion and education campaigns focusing on who bears the ultimate cost for recycling (stewards) and waste disposal (municipalities with steward contribution). 19. What information regarding the environmental impacts of products and packaging should be made available to consumers and how? Retailers should be required to post signs explaining the mobilius loop and plastics codes and explaining what product packaging can be placed in blue box, take back (return to retail) and deposit return programs. With stewards taking responsibility for implementing full extended producer responsibility across the Province, there will likely be a standardization of the materials accepted in the Blue Box and at return-to-retail locations. This standardization of materials will be reflected in Ontario-wide promotion and education messaging for all consumers. In addition to charging for plastic or paper bags, retailers should make consumers aware that packaging can be returned to the store at point of sale or when product is no longer needed. Enhance 31Rs regulations 20. Should Ontario continue to promote approaches to waste diversion that focus on facilitating diversion by waste generators? (a) If so, how could these approaches complement an extended producer responsibility framework? See answer to question number 18 above. 21. How could data reporting and other 3Rs obligations be used to enhance diversion? Data reporting needs to shift from tonnes of designated materials to another measure such as volumes to properly address the trend towards lighter plastic packaging that is either harder-to-recycle or incompatible with marketing of high quality compost or processing at composting facilities. Data reporting and regular waste audits at stewards' cost needs to be conducted at final disposal and energy recovery facilities to ensure that the cost of dealing with litter and waste residue is properly accounted for and financially assisted by stewards within an extended producer responsibility methodology. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada ( E-mail: amo(a�amo.on.ca • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 9 AMO/WMA supports the principles of current private members Bill 105 that would provide a means for monitoring the way waste is diverted and disposed in Ontario. Carriers who remove waste from Industrial, Commercial and Institutional (IC&I) sites would be required to keep records of the amount of designated materials removed and delivered to diversion and disposal sites. Reporting would be done on a quarterly basis to the Ministry of the Environment with the same monitoring and reporting requirements imposed on the owners or operators of waste processing and disposal sites. The Ministry of the Environment would be responsible for auditing and verifying accuracy of records and submitted information with appropriate offence and enforcement provisions. These provisions would assist the Ministry, WDO, municipalities in proper waste flow monitoring and industry stewards in planning for appropriate infrastructure investments. It would also discourage activities at some waste disposal sites that claim to actively "re-use or recycle" materials on-site, with very little actual "diversion" from landfill. For example, using construction and demolition wastes on landfill sites to build roads, should not be considered diversion from landfill, as it is being done to support landfill disposal activities. 22. What, if any, amendments to the 3Rs regulations could be made to support future extended producer responsibility programs? As with our submission on the revision to the Blue Box Program Plan, AMO/WMA strongly supports the shifting the full responsibility for all activities related to managing discarded consumer packaging and printed paper to industry stewards. This framework would provide stewards and Stewardship Ontario with the necessary financial incentives to reward for "design for environment"' for waste reduction, reuse and select packaging that can be cost effectively reused or recycled. This transition to a full extended producer responsibility program will involve major policy changes that will need to be implemented over several years. AMO/WMA recommends the following amendments to the 3Rs regulations and beyond: • Redefine Blue Box waste in the legislation as all consumer packaging and printed paper, including primary, secondary, tertiary and in-store packaging that is conceived to be distributed to household consumers. Other types of residential waste, such as furniture, dishware, clothing, mattresses, diapers, toys, etc., would be the subject of separate waste diversion program plans; • Repeal O.Reg. 101194 and introduce a new regulation requiring Stewardship Ontario to implement the same level of service or better including curbside, multi-residential and public space recycling for municipalities over 5,000 in population and for those municipalities under 5,000 in population who are currently running a curbside collection program. This new regulation or revised Blue Box Program Plan would have to establish clear service standards with respect to service frequency, local promotion and education activity and financial penalties for poor performance to ensure maintenance of existing service collection standards. The regulation or new Program Plan would also specify requirements for Province-wide promotion and education activities to support program performance; 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a�_amo.on.ca i • www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 10 • Establish a timeframe (3 years) by which all consumer packaging and printed paper must be accepted in residential recycling programs, with strict reduction, re-use and recycling targets for each type of packaging and printed paper product; • Stewards may design the new Program Plan; however, municipalities will likely have a key role in collection due to current co-collection of recyclables, waste and compost programs. AMO/WMO supports the concept of municipalities being allowed to negotiate or bid on collection contract with stewards for delivery of these services. Until contracts can be assigned to Stewardship Ontario, stranded costs must be addressed through the Plan development (with Stewardship Ontario paying the full system costs with a fee for service, leasing facilities or systems or entering into other contractual arrangements for municipal service); and • During the 3-year transition timeframe and beyond, require Stewardship Ontario to pay 100% funding to municipalities for the cost of managing non-recyclable packaging and printed paper remaining in the municipal waste stream. Revisions to the Act 23. Is there a role for existing Act programs to encourage the facilitation of diversion by IC&I waste generators? (a) If so, are the available tools appropriate or are additional tools necessary? O.Reg. 101194, one of the current 3Rs regulations under the Environmental Protection Act limits the Blue Box Program Plan to certain mandatory and optional collection of certain municipal waste materials generated within municipalities with greater than 5000 persons. O.Reg. 102194 imposes waste reduction and waste auditing responsibilities on certain operators in large IC&I sectors. O.Reg. 103194 imposes requirements for source separation and recycling programs on larger multi-residential buildings and on the owners and operators of large IC&I facilities set out in O.Reg. 102194. There are, however, no mandatory waste diversion (reduction and recycling)targets for IC&I sectors caught by the 3Rs regulations. Not all municipalities offer recyclable collection services to the IC&I sectors located in their communities and not all communities have access to private recyclable collection service. In addition, until recently, the Ministry of the Environment carried out little to no enforcement of O.Reg. 102194 and O.Reg.103194. The result has been a spotty patchwork of recycling programs serving IC&I generators across Ontario. Should the Minister expand the designation of materials for the Blue Box Program Plan to all consumer packaging and printed paper and remove the population requirement and size sector requirements within the regulations - this would capture materials targeted for retail in the residential sector and all of the IC&I sector and ensure increased capture rates. The responsibility would need to be placed on the IFO to serve both the residential and IC&I sectors. The IFO, WDO and the Ministry of the Environment would implement ongoing enforcement of ICI waste reduction, auditing and participation in recycling programs. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a)_amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 11 Additional targeted promotion and education would be required from the IFO to let all players in the IC&I sector know of the increased service requirements. Municipalities could assist in the pursuit of these policy goals. In case of construction and demolition, they can ensure that a requirement for issuance of a building permit for demolition and construction of new housing and structures would require submission of a waste reduction, re-use, recycling and disposal plan and an appropriate money bond — which would be released back to the developer upon successful completion and verification of the requirements of the waste plan. The Building Code Act should not be allowed to be an obstacle for developing this as a standard municipal building permit practice. Extending responsibility for wastes in the IC&I sectors to producers 24. How can responsibility be extended to producers to address the end of life management of their products and packaging sold or supplied to the IC&I sectors? (a) What authorities should be included in the EPA or the Act to facilitate this? As previously stated, the Ministry should extend the responsibility of producers for the management of all consumer packaging of products and printed paper. This would enable end of life management for all sectors to be addressed within the appropriate WDO or industry-developed Program Plans. Please see our answer to question number 22 for specific policy direction regarding legislative authorities. 25. Are there any aspects of existing waste diversion programs that could provide a means of facilitating extended producer responsibility for products and packaging generated in the IC&I sectors? Please see answers to question numbers 23 and 27. Priority IC&I sectors or specific materials/range of materials 26. Do any specific IC&I sectors lend themselves more readily to application of extended producer responsibility? See answer to question number 27. 27. Are any specific materials generated by IC&I sectors more appropriate for extended producer responsibility programs? It would be appropriate to direct efforts at materials generated in larger quantities (the low hanging fruit) by the IC&I sector for extended producer responsibility programs. For instance, compostable materials comprise a large percentage of waste generated by the IC&I sector. For large producers, these materials could be designated and managed in ways similar to current initiatives serving the residential sector. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a)amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 12 Wood and drywall waste from the construction and demolition (C&D) activities also comprise a large percentage of IC&I waste. Encouragement of building technologies with substantially less wood, use of more sustainable types of wood products, re-use and recycling through wood chipping could prevent the generation of wood C&D waste. Industry stewards should be encouraged to continue efforts at developing local and effective technologies for the recycling of drywall. AMO/WMA recognizes that some materials — such as those generated by hospitals and medical establishments — may not be appropriate to meet re-use or recycling targets and instead remain dedicated for energy recovery or toxic landfill disposal. 28. What other tools could help encourage /C&/ establishments to divert as much waste as possible? Like the producers of products serving the residential sector, AMO/WMA would support landfill bans for specific designated materials to encourage markets and development of processing infrastructure for the IC&I sector. Monitoring of waste generated and diverted by IC&I establishment and waste carriers that serve IC&I establishments, as put forward in Bill 105, would demystify waste flow in this sector. Open continuous enforcement of waste reduction work plan and recycling targets and the monitoring of reporting by carriers, processors and final disposal destinations would encourage in this sector. Possible Approaches 29. How could roles and responsibilities be articulated to clarify mandates? AMO/WMA does not immediately see a need for the clarification of mandates. Waste Diversion Ontario clearly explains their mandate on their website and the Ministry's own discussion paper provides an excellent synopsis of the various mandates of the major players and their roles and responsibilities. Once the WDO board is changed — as outlined below— perhaps there could be some limited Province-wide advertising about its functions. 30. What should be the responsibilities of. (a) The Minister? The Minister is first and foremost responsible for the public interest and the stable availability of waste recovery and management infrastructure across Ontario. The Minister is responsible for ensuring the Provincial waste policy principles are enshrined and enforced by Ministry staff and Waste Diversion Ontario in the new waste management legislation. The Minister should develop and apply policy principles that may vary according to geographic area and population density. In addition, the Minister and the Ministry are responsible for working with other Ministries and levels of government to develop Ontario's 200 University Ave., Suite 801 Toronto ON M51­1 3C6 Canada E-mail: amo(cD-amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 13 infrastructure and ensure the enactment of zero waste and other complementary policies by other Provinces and the Federal Government. As outlined in the AMO/AMRC July 2007 Discussion Paper, we support modification of the Minister's powers to approve, reject and modify waste diversion program plans AMO/WMA supports the concept of having Ministry waste management enforcement resources supported by stewards' fees, paid by the appropriate IFO. (b) Waste Diversion Ontario? WDO is unique, in that in other Canadian jurisdictions, a combination of Provincial Ministry staff and industry funding organizations perform most of WDO's functions. However, this is simply a different method of service delivery, chosen by the Provincial Government. AMO/WMA agrees with the current role of WDO as the developer of waste reduction and diversion programs. As will be discussed below, AMO/WMA support governance changes and enhanced public consultation in program development to support this role. WDO is limited because the IFOs, through the collection of stewards' fees, fund all of its activities. WDO is often motivated to develop diversion programs— irregardless of quality or prescriptive program request letter wording — so that it can recover its costs. WDO is also hampered by a lack of resources and its current need to maintain harmonious relations with its IFOs and industry stewards. WDO needs separate and secure funding to allow it to develop programs (if necessary), properly criticize and independently modify the programs in development to ensure program targets can be met, and ensure adequate resources are assigned to monitor and direct continuous program improvement. WDO needs to spend renewed effort and focus on the monitoring and evaluating programs and acting to encourage and direct continuous improvement in re-use, reduction and recycling of materials. So long as the WDO Board moves towards a more balanced representation, reflective of the public interest, this should remove the previous conflicts in Board member interest in maintaining program status quo and assist in more effective scrutiny of programs (see comments under question 31). If there are other major concerns with the working of that organization, this can be addressed in five years in the next review of the legislation. (c) Industry Funding Organizations and Industry Stewards We appreciate that each IFO should be managed by its board of directors to be selected from stewards of the designated waste or groups of waste materials. This improves accountability and ensures appropriate oversight. It is also appropriate that these boards have public interest representation on them as their decisions ultimately affect the public. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(dDamo.on.ca 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 14 However, IFOs are creatures of the WDO and their sole purpose is to develop and implement the program plans. If their members block continuous improvement of program plans, subvert re-use and diversion targets by switching packaging material, WDO must have options available to direct change. WDO is delivering the Minister's direction, which is first and foremost a reflection of Provincial policy and public interest. AMO and WMA support a prominent role for IFOs in the development and implementation of province-wide promotion and education. As with our submission on the review of the Blue Box Program Plan, once Stewardship Ontario transitions to and has the responsibility for one hundred percent (100%) funding responsibility for all product packaging and printed paper, it makes sense to have it responsible for promotion and education — a key implementation of the Blue Box Program Plan. Industry stewards are able to develop individual product plans under the Act, however, without being financially responsible for final waste disposal costs such as at present, there is little financial incentive for them to be pro-active. Making industry stewards responsible for the costs of litter, waste disposal and recycling infrastructure will definitely tip that balance. However, once a material is designated, the stewards may be forced into participating in a collective IFO. They can only opt-out after the IFO program has been approved, to meet the Minister's requirements on an individual basis. AMO/WMA understands that this measure is in the Act to ensure that there is not "hollow" participation in the development of the program plan, but if there is insufficient lead time on possible waste or packaging designations by the Ministry, this stymies or discourages development of individual industry steward plans. AMO/WMA supports the need to designate materials as far in advance of issuing program request letters as possible and the need to give heads- up for stewards on potential landfill bans or surtaxes. This could encourage industry stewards to develop their individual plans, and/or develop their IFO in advance. Imposition of an IFO structure, by WDO, would then only be required as a last resort. (d) Ontario's municipalities? AMO and WMA have added in this subcategory in response to the questions posed in this Discussion Paper. Ontario's municipalities have played vital roles in waste collection, processing and waste disposal as well as planning and monitoring of local waste management. As the Blue Box Program Plan transitions to 100% steward funding, the IFOs, namely Stewardship Ontario and other product stewards, can decide whether or not they wish to continue using municipal collection and processing infrastructure and assumption of current municipal contracts. IFOs should open waste collection and processing contracts to bids from the municipal sector. Local municipalities should have the ability to pass by-laws to impose landfill or energy recovery material-specific bans on all local facilities, to ensure that IFOs, individual product stewards or private waste disposal companies do not leapfrog or overstep the Provincial waste management hierarchy. 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a)amo.on.ca • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 15 Municipalities should continue to play an important role in local promotion and education, at stewards' cost, to ensure that IFOs' promotion and education messages are reinforced. This promotion and education must remain complementary to where and how materials should and can be re-used, reduced and recycled — ensuring diversion wherever possible in Ontario. 31. What changes, if any, could be made to the board structures of Waste Diversion Ontario or industry funding organizations to provide more balanced representation? The Act provides for specific composition of the WDO Board of Directors. It also allows for an operating agreement to specify an alternative structure of members of the Board of Directors and observers (section 6.01). In 2006, there was recognition within WDO that it was time to move away from a representation governance model towards a more balanced structure of the WDO Board to reflect a broader membership at large and the public interest. In particular, WDO has recognized that its Board must be based on a process that mitigates allegiance to nominating organizations and encourages fiduciary responsibilities to WDO. WDO's Governance Committee recommended that industry representation come from sources other than the IFOs, as WDO is required to monitor the effectiveness and efficiency of programs implemented by IFOs. After considerable debate, WDO's governance committee brought forward 3 potential changes to Board structure, of which the following structure was approved by the Minister of the Environment earlier this year: ■ 5 industry representatives jointly appointed by industry associations; ■ 5 stakeholder representatives comprised of o 4 municipal representatives jointly appointed by municipal associations o 1 Environmental Non-Governmental Organization (ENGO) representative jointly appointed by the Ontario Environmental Network and the Recycling Council of Ontario; and ■ 4 unrelated Directors appointed by the Minister. AMO/WMA is in full support of this new governance structure. The balance of voting power on WDO decisions will move to the 4 public interest and 1 ENGO appointees. This will ensure that the Ministry's interests and the public interest are furthered in all WDO decisions, decrease the amount of power allotted to representatives who have inherent conflicts of interests, and break former stalemates. 32. What additional authorities should each organization be given that would help ensure that the public interest is protected? WDO needs to ensure that the costs of the delivery of programs are accurate to ensure that industry stewards are passing realistic costs onto consumers in the pricing of products. Therefore, WDO's primary responsibilities - aside from plan development - include promoting and monitoring of continuous improvement towards waste reduction, re-use 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amoaamo.on.ca www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 I Toll-free in Ontario: 1-877-426-6527 16 targets and the corresponding fee-setting methodology. If additional resources are required in this area, then WDO staffing will need to be expanded accordingly. The AMO/AMRC July 2007 Discussion Paper went into specific detail about proposed changes to the Waste Diversion Act to embed continuous improvement and monitoring in the Act. 33. What tools might be needed to better resolve conflicts, particularly at the program development stage? In the past, changes have been made to waste diversion plans without any consultation of those parties affected. AMO/WMA would like to remind the Minister of the changes to the funding contribution of newspaper stewards in 2005 to allow for in-kind contributions rather than actual financial contributions. This change was accomplished through lobbying of the Provincial government without input from Ontario's municipalities. This change has resulted in substantive annual increases of the in-kind contribution which continues to jeopardize the sustainability of Blue Box funding due to fluctuations in values in recyclable markets. This has not worked since its inception and thus AMO/WMA recommend the deletion of subsection 31(2). We wish to prevent such unfortunate incidents from occurring again and would therefore request to have all decision points within the WDA incorporate fairness, transparency and open accountability principles. One of the ways to ensure such procedural mechanisms are followed is to make sure that adequate consultation is undertaken so that all parties have a chance to put forward their views on program and plan development and changes thereto. At present, section 7 of the Act allows the Minister the sole discretion to establish policies applicable to WDO. While AMO/WMA agree that this is an appropriate role for the Minister, due to the shared financial impacts of potential policy development, it would be easier to accept the potential plan impacts, if interested parties were consulted in advance of imposing policy changes. AMO/WMA recommend that consultation of such policies, in advance of their imposition would be more beneficial for all interested parties and ensure that there are no surprises for all concerned. This is also consistent with the consultation currently being undertaken on the implementation of Phases 2 and 3 of the Municipal Hazardous and Special Waste Plan. In addition, AMO and WMA recommend that WDO's approval of a proposed waste diversion program be made public and the details of the program be provided to the IFO and Ontario's municipalities before the program is submitted for Ministerial approval. This is also essentially what occurred with Phase I of the Municipal Hazardous or Special Waste Plan and would give one last chance to ensure adequate consultation is done, particularly in situations where the timeline for development of such programs are extremely short. It also may alleviate potential problems in implementation later in the process or avoid potential disputes in the future. 200 University Ave., Suite 801 Toronto ON M51­1 3C6 Canada E-mail: amo(a)_amo.on.ca 1 www.amo.on.ca Tel: (416) 971-98561 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 17 34. What changes are necessary to ensure timely program development and approval? It is not enough for the Ministry to specify program development within a set timeline. Each program development letter must specify that the program respond with material specific reuse and diversion targets as well as implementation schedules. If the Ministry is not satisfied with the proposed scheduling, then the Minister should have the discretion to amend the plan. At present, the Minister can only approve or turn down the plan — this leaves no room for the discretionary application of Provincial waste policy guidelines. 35. Are penalties for non-compliance appropriate? There are very few charges for non-compliance under the Act. This would appear to indicate that the penalties are appropriate. However, the penalties levied in the recent past do not appear to represent a real financial hardship for most companies operating in Ontario. The penalties should be commensurate with what the company would have paid under the Act for fee payments for the appropriate year, plus additional monies to serve as a deterrent to others (20% at the lowest). In addition, the victim fine surcharge should be remitted to WDO to offset their annual operating costs and should not be allotted to general provincial revenues. Yours sincerely, L �t Peter Hume President cc: Hon. John Gerretsen, Minister of the Environment Jamie MacDonald, Senior Special Adviser, Policy, Ministry of the Environment John Vidan, Director, Waste Mgmt. Policy Branch, Ministry of the Environment WDO 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada E-mail: amo(a),amo.on.ca • • 1 www.amo.on.ca Tel: (416) 971-9856 1 Fax: (416) 971-6191 Toll-free in Ontario: 1-877-426-6527 • Energizing Ontario REPORT#1 REPORT TO COUNCIL MEETING OF JANUARY 12, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 5, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-005-09 Environmental Stewardship 2008 Program Update (b) EGD-001-09 Monthly Report on Building Permit Activity For November 2008 (c) ESD-001-09 Monthly Response Report— November 2008 (d) Presentation —Wilson Little, P. Eng., St. Marys Cement— Regarding the Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the Related Regulatory Approvals 2. PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR SPACE ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL PURPOSE COMMERCIAL ZONE (C5) USES, TO REDUCE THE BUILDING SETBACKS AND LOADING SPACE REQUIREMENTS —45 AND 5 SPICER SQUARE APPLICANTS: 2154513 ONTARIO INC. AND 2143619 ONTARIO INC. THAT Report PSD-001-09 be received; THAT the rezoning application submitted by 2154513 Ontario Inc. and 2143619 Ontario Inc., be approved and that the proposed Zoning By-law contained in Attachment 3 to Report PSD-001-09 be passed; and THAT all interested parties listed in Report PSD-001-09 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report#1 2 January 12, 2009 3. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-002-09 be received for information; and THAT all interested parties listed in Report PSD-002-09 and any delegations be advised of Council's decision. 4. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-003-09 be received for information; and THAT all interested parties listed in Report PSD-003-09 and any delegations be advised of Council's decision. 5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-004-09 be received for information; and THAT all interested parties listed in Report PSD-004-09 and any delegations be advised of Council's decision. 6. PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF SUBDIVISION IN THE CITY OF OSHAWA APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INC./CAMEO SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS CORPORATION INC. THAT Report PSD-006-09 be received; THAT the City of Oshawa be advised: i) that the Municipality of Clarington has no objections to the approval of the proposed amendments to Oshawa Official Plan and Eastdale Part II Plan; ii) that the Municipality of Clarington has no objections to the approval of the proposed Draft Plan of Subdivision (S-0-2005-04) subject to the conditions contained in Attachment 3 to Report PSD-006-09; and iii) that the Municipality of Clarington has no objection to the approval of the proposed Draft Plan of Subdivision 18T-97027; and THAT a copy of Report PSD-006-09 be forwarded to the City of Oshawa Development Services Departments, the Region of Durham Planning and Legal Departments and the Ontario Municipal Board. Report #1 3 January 12, 2009 7. APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORATION & PAUL LYSYK FAMILY TRUST THAT Report PSD-008-09 be received; THAT the application submitted by Prestonvale Road Land Corporation and Paul Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single detached units be approved; THAT the By-law attached to Report PSD-008-09, to remove the Holding (H) symbol, be passed and that the Region of Durham be forwarded a copy of Report PSD-008-09; and THAT all interested parties listed in Report PSD-008-09 and any delegations be advised of Council's decision. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 11, 2008 THAT Report PSD-009-09 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on December 11, 2008 for application A2008-0020 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on December 11, 2008 for application A2008-0034 is not warranted. However, should an appeal be lodged by another party, Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. 9. PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18 CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON) That Report EGD-002-09 be received; That the road allowance situated in Lot 18, Concession 5, further identified as Part 3 on Registered Plan 40R-25645 be closed and declared surplus and that the road allowance be conveyed to Andy Meima; That the applicant pay the appraised land value of$7,545.00 as well as all legal and other financial costs associated with the transaction; That Council pass the necessary by-laws to implement the recommendations of Report EGD-002-09; and That Andy Meima be advised of Council's decision. Report#1 4 January 12, 2009 10. ASPEN SPRINGS WEST SUBDIVISION PHASE 2, PLAN 40M-2214, BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-003-09 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2214; and THAT Council approve the by-laws attached to Report EGD-003-09, assuming certain streets within Plan 40M-2214 as public highways. 11. EMERGENCY EVACUATION CENTRE REQUESTS - ULTIMATE SCHOOL-AGERS THAT Report CSD-001-09 be received; THAT Ultimate School-Agers be authorized to utilize the Courtice Community Complex as an Emergency Evacuation Facility for "localized emergencies", subject to the conditions on which this approval was given, as outlined in the body of Report CSD-001-09; and THAT Ultimate School-Agers be advised of action taken. 12. 3rd QUARTER PARKING REPORT THAT Report CLD-001-09 be received; and THAT a copy of Report CLD-001-09 be forwarded to the Bowmanville Business Centre for their information. 13. CL2008-31, HIGHWAY 2 STREET LIGHTING AND STREETSCAPE IMPROVEMENTS, BOWMANVILLE THAT Report COD-001-09 be received; THAT Rutherford Contracting Limited, Gormley, Ontario with a total bid in the amount of$1,047,296.93 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-31, be awarded the contract for the Highway 2 Street Lighting and Streetscape Improvements, Bowmanville. as required by the Engineering Department; THAT $55,000.00 be reallocated from the 2008 Highway 2 Sidewalk account to the 2008 Highway 2 Streetlight Installation account; THAT funds required in the amount of$1,290,000.00 (which includes $1,047,296.93 tendering, consulting and contingencies) be drawn from accounts as follows: Report #1 5 January 12, 2009 Department & Account Number Amount Engineering Department - Capital Budget • 2008 Streetscape Implementation, Account #110-32-338-83278-7401 ........................................... $ 568,540.00 • 2008 Federal Gas Tax (Street Lighting) Component of Streetscape Implementation ................................................... $ 81,460.00 - 2008 Sidewalk Construction, Account #110-32-331-83278-7401 ........................................... $ 255,000.00 - Street Light Installation, Account #110-32-324-83278-7401 .....................................$ 315,000.00 - 2007 Green Road Reconstruction, r Account #110-32-330-83276-7401 ............................................. $ 70 000 b Total Funds Available $1,2 000. 0 ;and THAT the attached By-law marked Schedule "A", attached to Report COD-001-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. 14. DELEGATION — TERRA SAYER, CANADIAN RED CROSS, DURHAM REGION — DISASTER MANAGEMENT THAT the delegation of Terra Sayer, Canadian Red Cross, Durham Region regarding Disaster Management be received with thanks. 15. DELEGATION — RICHARD WARD — PROPERTY STANDARDS ORDER FOR 3709 REGIONAL ROAD 9 THAT the delegation of Richard Ward regarding Property Standards Order for 3709 Regional Road 9 be received with thanks. 16. DELEGATION — RICHARD WARD — GPA RESOLUTION #GPA-697-08 THAT the delegation of Richard Ward regarding GPA Resolution #GPA-697-08 be received with thanks. 17. DELEGATION — DAVE WALLACE — REQUEST FOR A TIME EXTENSION FOR OCCUPYING A SECOND DWELLING UNIT AT 4380 COURTICE ROAD THAT the delegation of Dave Wallace regarding his request for a time extension for occupying a second dwelling unit at 4380 Courtice Road be received. Report#1 6 January 12, 2009 18. CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO LOCAL BOARDS THAT Confidential Report COD-002-09 be received; THAT the current provision of benefits for the Newcastle Arena manager, be grandfathered and discontinued at the time that the incumbent leaves the existing position; THAT the request for the Newcastle Hall Board and the Clarington Older Adult Association Board for coverage of full time employees under the Municipal Benefit program, paid for by the individual Boards, be denied; THAT Council authorize the Clerk's Department, after consultation with Human Resources, to provide notice of Council's decision on provision of benefits to external groups, should similar requests be received in the future; THAT the Newcastle Hall Board, and the COAA Board, be advised of Council's decision; and THAT the Newcastle Hall Board, and any other such boards, be encouraged to consult with the Clarington Board of Trade for possible options regarding this matter. 19. ENGINEERING PROJECTS — UPDATE REPORT THAT staff report back in due time on Engineering projects completed in 2008, projects carried over from 2007 and 2008, including expected dates for completion and associated budgets, and the status of the Mill Street South Underpass project in the Village of Newcastle. 20. REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORTING WHEREAS in the year 2007, Clarington Council approved and made available to the public the 2007-2010 Corporate Strategic Business Plan. The Mission Statement contained in that document reads as follows: "TO PROVIDE INFASTRUCTURE AND QUALITY SERVICES TO OUR COMMUNITY STAKEHOLDERS THROUGH LEADERSHIP, ACCOUNTABILITY AND RESPECT." AND WHEREAS the Strategic Business Plan complements the other three important planning and policy tools of Council: the Clarington Official Plan; the annual operating budget; and the multiyear capital plan. Collectively, these governance tools represent the cornerstones of all municipal government decisions. AND WHEREAS the Municipality of Clarington is in the approvals process for the 2009 Municipal Capital and Current Budget. Report #1 7 January 12, 2009 AND WHEREAS the Municipality of Clarington's current revenues sources are as follows: approximately 51% are generated from property taxes, and the balance is generated from the following: a) Payment-in-lieu/Linear taxation/Grants — 10% b) Contributions from Reserves and Reserve Funds — 21% c) Licenses and Permits — 3% d) User Fees — 10% e) Interest on Investments — 2% f) Interest on Taxes/fines— 2% g) Other— 1% AND WHEREAS each year the Municipality of Clarington depend upon these budgeted revenues to off-set the budgeted expenses. AND WHEREAS a portion of these revenues are variable and are directly related to the economic growth both within and outside the Municipality of Clarington. AND WHEREAS in the event that there is a revenue shortfall in any given year, such shortfall will impact the tax levy in the following year, effectively increasing property taxes by the amount of the revenue shortfall. AND WHEREAS Clarington Council is mandated to managing the assets of the Municipality of Clarington in a fiscally responsible manner and to determine which services and at what level those services will be provided to the people of Clarington. AND WHEREAS in consideration of the current volatile economic global outlook, Clarington Council desires to more closely monitor the revenues and expenses of each department in the months ahead. The purpose of such monitoring is to: a) protect the interests of the taxpayers in the Municipality of Clarington, b) prevent any yearend surprises in revenue shortfalls, c) improve the openness and transparency of the public reporting process, d) provide an additional management and reporting tool for staff, council and the public, and e) demonstrate to the taxpayer that Clarington Council is managing the assets of the municipality in a fiscally responsibility manner. NOW THEREFORE BE IT RESOLVED THAT the Chief Financial Officer, the Chief Administration Officer and the Chief Executive Officer design a report which provides: by department and on a monthly reporting basis; adequate information for Staff to analyze and report to Council the variable growth related revenue and the variable economic related revenues which could have an adverse effect on achieving the 2009 Municipal Capital and Current Budget. UNFINISHED BUSINESS • LsadiRg the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 5, 2009 Report#: PSD-007-09 File #: PLN 23.8.2 By-law#: Subject: COMMERCIAL RECREATIONAL VEHICLE STORAGE It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-007-09 be received; 2. THAT consideration of commercial recreation vehicle storage in the Urban Residential, Future Urban Residential and Major Open Space Areas designation, be considered as part of the "Planning for the Countryside" component of the Clarington Official Plan review; 3. THAT the Region of Durham Planning Department be forwarded a copy of Report PSD- 007-09 and Council's decision; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ao,� David Jr rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/sh/df 15 December 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 REPORT NO.: PSD-007-09 PAGE 2 1.0 BACKGROUND 1.1 On October 6, 2008, while considering PSD-099-08, a report proposing regulations for recreational storage and parking on residential properties, the General Purpose and Administration Committee added a recommendation directing the Planning Services Department to examine whether any changes are required to the Official Plan with respect to permitting commercial recreational vehicle storage area uses outside of industrially designated areas. 1.2 The topic of commercial storage of recreational vehicles was raised through submissions, delegations, and subsequent discussions at the General Purpose and Administration Committee meetings on June 16th, October 6th, and at the Council Meeting on October 14th considering the above referenced regulations for storage and parking of recreational vehicles. Discussions recognized that other than industrially designated lands, proposals for commercial storage of recreational vehicles typically require Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval. Council's recommendation to examine required amendments to Official Plan policies recognizes that the costs associated with amending the Official Plan may deter individuals from legitimizing a use. Commercial storage areas may see an increase in demand due to the recently approved regulations for parking of recreational vehicles on residential properties. 1.3 Currently, the Official Plan and Zoning By-law permits commercial outdoor storage facilities to locate only within designated General Industrial Areas. There are six storage facilities located in the General Industrial Areas. These businesses store a variety of items primarily within a building. Outdoor storage of recreational vehicles is also available; however, it is not the primary focus of these businesses. An application recently received by the Municipality proposes an expansion to an existing storage facility on Toronto Street in Newcastle Village. The proposal includes a warehouse like building for storage of boats and trailers. 2.0 STAFF COMMENTS 2.1 Attachment 1 is a chart that provides an overview of provincial and regional policies that relate to official plan designations outside of industrial areas. An amendment to the official plan to permit commercial outdoor storage areas for recreational vehicles would have to comply with the Provincial and Regional policies. 2.2 Urban Residential Areas 2.2.1 Storage of goods is typically considered an Employment Area use in the Durham Region Official Plan. These uses are permitted within the Living Area provided that they are not obnoxious in nature and the appropriate provisions are included within the municipal Official Plan. The Provincial Policy Statement requires that land uses within Settlement Areas are appropriate and make efficient use of land, resources, and infrastructure and public service facilities. REPORT NO.: PSD-007-09 PAGE 3 2.2.2 Commercial outdoor storage facilities for recreational vehicles could be permitted as an interim use within urban residential areas provided that there is adequate land area (minimum 2 hectares) to ensure appropriate buffering between residential uses. It is anticipated that the cost of serviced lands would make this use uncompetitive with lands needed for residential development and would therefore only establish in un-serviced areas, where residential development is not anticipated for a number of years. 2.2.3 A draft amendment to the Clarington Official Plan is contained in Attachment 2. It contains provisions that may be used in evaluating rezoning applications in Future Urban Residential and Urban Residential Areas. These provisions will ensure that proposed commercial outdoor storage areas for recreational vehicles have adequate land area, will be appropriately screened from view, will not need to modify the land or add buildings, will not negatively affect adjacent land uses and will not jeopardize future urban development. 2.3 Prime Agricultural Areas Commercial outdoor storage of recreational vehicles is not related to agriculture and provincial and regional policies do not support such a use within the prime agricultural designation. 2.4 Green Space 2.4.1 The Provincial Policy Statement and the Provincial Greenbelt Plan both permit non- agricultural uses provided that the use is appropriate for a rural location and can be sustained by rural service levels. The Provincial Policy Statement further states that recreational, tourism and other economic opportunities should be promoted. 2.4.2 Within the Major Open Space designation, the Durham Region Official Plan allows municipal plans to permit compatible non-agricultural uses provided that the use is small in scale and serves the resource and agricultural sectors. Staff met with Regional Planning Staff who determined that an amendment to the Durham Region Official Plan would be required to allow commercial recreational vehicle storage in the Major Open Space designation. The Municipality would have to provide justification in support of an amendment as to why the use is appropriate within the Major Open Space designation. Regional Staff indicated that the Municipality must differentiate this use from other similar uses to ensure the Major Open Space Area is not utilized for incompatible uses. 2.4.3 Outdoor storage of recreational vehicles is not related to agriculture. However, such a use could be located to have a minimal impact on the landscape. Combined with the ability to locate on un-serviced lands, it could be argued that it is compatible with the rural nature of the Green Space and Major Open Space designations. As such a use is land extensive and not typically a generator of jobs; it would be beneficial to permit the use outside of the Employment Areas. Both the Region's Growing Durham Plan and the Provincial Growth Plan encourage designated employment areas to increase REPORT NO.: PSD-007-09 PAGE 4 employment intensification and job to population ratios. This use of land in the employment area would be counter productive in achieving that goal. 2.4.4 A draft amendment to the Green Space policies of the Clarington Official Plan, similar to the amendment proposed to the residential policies, is contained in Attachment 3. The amendment would allow commercial outdoor storage of recreational vehicles subject to criteria to be considered in the evaluation of rezoning applications. In order to implement this proposed amendment to the Clarington Official Plan, an amendment to the Durham Regional Official Plan is required. Should Council wish to pursue a Regional Official Plan Amendment, additional work would be required to provide the justification requested by the Region. 3.0 CONCLUSION 3.1 Based on the review of provincial and regional policies it is determined that commercial outdoor storage of recreational vehicles could be supported in restricted areas of the Municipality. Draft amendments for the Future Urban Residential and Urban Residential designations, as well as the Green Space designation have been drafted, and are contained in Attachment 2 and 3 respectively. As noted above, the Municipality would have to submit an application to amend the Region of Durham Official Plan for any rural designation as well as amend the Clarington Official Plan. 3.2 The Municipality is currently undertaking the review of the Clarington Official Plan. The "Planning for the Country Side" component will be considered this spring with approvals in the Fall. Rather than pursue separate amendments, it would be more efficient from a public consultation and staff resource viewpoint to consolidate these proposed amendments into the Official Plan review. It is respectfully requested that Council authorize this proposed direction. Attachments: Attachment 1 - Provincial and Regional Policies Attachment 2 - Draft Official Plan Amendment- Future Urban Residential and Urban Residential Attachment 3 - Draft Official Plan Amendment- Green Space List of interested parties to be advised of Council's decision: Steven Bobas Tim and Sandra Kerns Tom McKee r wLO.. 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Q O O n c m oU c v O o m � N Ma ° M ) O ° 0 O w L C tt vi t5 N M 3 O O C 'y-0 > > vi w-, N _U ° O O �- N N'C n C O m C O C 7 0 0 0 0 7 Y O my � •� (n 7 0 � � y C N C O ` r N y -0 N D a) a U) m L > O F- n $ U) 3 umi y w O •0 .. N j 72 O m 0 tti V N N ++h0 O n MC c C to ..'... m m O O L O V a Q C7 Attachment 2 To Report PSD-007-09 DRAFT AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to include provisions to permit commercial outdoor storage of recreational vehicles in the Future Urban Residential and Urban Residential areas. BASIS: This amendment is based on Council's consideration of an Official Plan Amendment application initiated by the Municipality of Clarington. ACTUAL AMENDMENT The Clarington Official Plan is hereby amended by adding a new Section 9.3.9 as follows: 9.3.9 Commercial recreational vehicle storage may be permitted in Future Urban Residential and Urban Residential Areas by site specific temporary zoning provided such development: a) is located on a lot with minimum area of 2 hectares; b) the commercial recreational vehicle storage area does not exceed 50% of the lot area to a maximum of 1 ha; c) storage areas shall be located at the rear of the lot and shall be appropriately screened so as to not have a negative impact on abutting properties and not be visible from the road frontage; d) does not require modification of terrain, removal of trees, the construction or use of buildings and structures; e) is not a public nuisance due to noise, hours of operation, or traffic generation; f) does not require municipal services; g) does not adversely impact any natural heritage features shown on Map C; h) does not jeopardize the orderly future development of the lands for urban uses; and i) other issues as may be required by the Municipality. Attachment 3 To Report PSD-007-09 DRAFT AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to include provisions to permit commercial outdoor storage of recreational vehicles in Green Space Areas. BASIS: This amendment is based on Council's consideration of an Official Plan Amendment application initiated by the Municipality of Clarington. ACTUAL AMENDMENT The Clarington Official Plan is hereby amended by adding a new Section 14.5.6 as follows: 14.5.6 Commercial recreational vehicle storage may be permitted in Green Space Areas by rezoning provided such development: a) is located on a lot with minimum area of 2 hectares; b) the commercial recreational vehicle storage area does not exceed 50% of the lot area to a maximum of 1 ha; c) storage areas shall be located at the rear of the lot and shall be appropriately screened so as to not have a negative impact on abutting properties and not be visible from the road frontage; d) does not require modification of terrain, removal of trees, the construction or use of buildings and structures; e) is not a public nuisance due to noise, hours of operation, or traffic generation; f) does not require municipal services; g) does not adversely impact any natural heritage features shown on Map C; h) does not jeopardize the orderly future development of the lands for urban uses; and i) other issues as may be required by the Municipality. SUMMARY OF BY-LAWS JANUARY 12, 2009 BY-LAWS 2009-001 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Gertrud Tomina) and to Repeal By-law 2008-168 (Approved by Council October 14, 2008) 2009-002 Being a by-law to authorize the borrowing of$15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2009 2009-003 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (2154513 Ontario Inc. and 2143619 Ontario Inc.) (Item 2 of Report #1) 2009-004 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 Road Land Corporation & Paul Lysyk Family Trust) (Item 7 of Report#11) 2009-005 Being a by-law to stop up and close as a public highway a portion of road allowance and to authorize the conveyance of Part 3 on Registered Plan 40R-25645 to Andy Meima (Item 9 of Report #1) 2009-006 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item 10 of- Report#1) 2009-007 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 10 of Report#1) 2009-008 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Limited, Gormley, Ontario, to enter into agreement for the Beech Avenue Reconstruction, Bowmanville, Ontario (Item 13 of Report#1)