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HomeMy WebLinkAbout06/01/2009 Clar1~ ~~wnn Ever i n Ontario~/ g g DATE: MONDAY, JUNE 1, 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 May 11, 2009 Minutes of a special meeting of Council held May 15, 2009 PRESENTATIONS a) Scott Lewis, Communications Manager, and Lois Jeffery, Canada Post Corporation -Safety Assessment of Rural Mail Delivery Routes (Correspondence Item I - 4) b) Mayor Abernethy -Presentation of Certificates to Clarington Flames AA Girls Hockey Team, Ontario Women's Provincial Championship c) Richard Walli, Chair, Energy-From-Waste Site Liaison Committee -Update on EFW Site Liaison Committee Meetings DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 12, 2009 I - 2 Minutes of the Clarington Heritage Committee dated April 21, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 9Q5-623-3379 Council Agenda - 2 - JUNE 1, 2009 I - 3 Minutes of the Clarington Traffic Management Advisory Committee dated April 16, 2009 I - 4 Scott Lewis, Communications Manager, Canada Post Corporation - Safety Assessment of Rural Mail Delivery Routes I - 5 Association of Municipalities of Ontario (AMO) -Establishment of Economic Development Task Force I - 6 The Scott Family, John Oates, Pat Irwin Lycett, Jeannie Carter, Joe and Nancy Dalrymple, Steve Kay, Jo-anna Shaw and. Freya Hart - Opposition to Proposed Energy-From-Waste Facility I - 7 The Honourable John Baird, P.C., M.P., Canada's Minister of Transport, Infrastructure and Communities, and The Honourable George Smitherman, M.P.P., Ontario's Deputy Premier and Minister of Energy and Infrastructure -National Infrastructure Stimulus Fund I - 8 Roger Hanmer, MBA, P.Eng., Regional Director, Ministry of Transportation - 407 East Extension I - 9 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham -Site Specific Reports and Environmental Assessment (EA) Documentation I - 10 Association of Municipalities of Ontario (AMO) -Bridge Funding to Support Ontario's Child Care Crisis I - 11 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham -Site Specific Human Health and Ecological Risk Assessment (SSHHERA) and Air Quality Assessment I - 12 Susan DaCosta, Secretary, Orono Town Hall Board of Management - Letters of Appreciation for Municipal Grant and Donation to Silent Auction I - 13 Margot Beverley, Stewardship Ontario - 2009 Ontario Recycler Workshop (ORW) I - 14 Ken Nash, President, Nuclear Waste Management Organization Annual Report for 2008, Moving Forward Together I - 15 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO) - Proposed Process for Selecting a Site I - 16 Association of Municipalities of Ontario (AMO) -Memorandum of Cooperation with Union of Municipalities of Quebec Council Agenda - 3 - JUNE 1, 2009 I, - 17 Association of Municipalities of Ontario (AMO) -Green Eneroy Act Regulation I - 18 P. M. Madill, Regional Clerk, Region of Durham -Healthy Great Lakes, Strong Ontario Discussion Paper I - 19 P. M. Madill, Regional Clerk, Region of Durham -Durham Environmental Advisory Committee (DEAC) Membership Appointment I - 20 Association of Municipalities of Ontario (AMO) -Community Adjustment Fund for Ontario I - 21 Association of Municipalities of Ontario (AMO) -DADA Standards I - 22 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation -Highway 407 East Environmental Assessment (EA) I - 23 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham -Draft Environmental Assessment (EA) Report I - 24 P. Madill, Regional Clerk, Region of Durham -Bill 150 The Green Energy and Green Economy Act, 2009 I - 25 P. M. Madill, Regional Clerk, Region of Durham - DAAC resolution on Battery Caged Egg Production I - 26 Cheryl Tennisco, Committee Clerk, Regional Municipality of Durham - Representation on the Metrolinx Board Receive for Direction D - 1 Rolf A. Piro -Camp 30 D - 2 The Honourable Michael Chan, Minister of Citizenship and Immigration -Ontario Medal for Good Citizenship D - 3 Richard Abboud, President and CEO, Forum Equity Partners Inc. and Frank Carnevale, CEO, Bridgepoint Group -Private Public Partnerships (P3) Solutions D - 4 Paul Slemon, Hands In Motion, Massage Therapy and Sports Injury Clinic - 2009 Terry Fox Run D - 5 Mark Cousins, Ontario Family Fishing Weekend Steering Committee - 2009 Ontario Family Fishing Weekend Council Agenda - 4 - JUNE 1, 2009 D - 6 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association -Reconstruction of Mill Street D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice -Canada Day in Clarington Road Closure Request D - 8 Association of Municipalities of Ontario (AMO) -Labour Mobility Changes D - 9 Association of Municipalities of Ontario (AMO) - "Count Me In!" Community Energy Conservation Challenge D - 10 The Honourable Tony Clement, Minister of Industry -Recreational Infrastructure Canada Program in Ontario (RING Ontario) D - 11 Paul Holbrough, Mayor, Town of Ingersoll -Bill 221, Workplace Safety and Insurance Amendment Act 2007 (Presumptions for Firefighters) D - 12 Kerri O'Kane, CMO, Deputy Clerk, Township of Centre Wellington, - Bill 221, Workplace Safetv and Insurance Amendment Act 2007 (Presumptions for Firefighters) D - 13 The Township of Woolwich -Bill 221, Workplace Safetv and Insurance Amendment Act 2007 (Presumptions for Firefighters) D - 14 Jennifer Haley, Chair, Homegrown Ontario Steering Committee - Local Sustainable Procurement Practice D - 15 Thomas G. Gettinby, Municipal Clerk, Township of Brock - Deadstock Removal Subsidy D - 16 P. M. Madill, Regional Clerk, Region of Durham - 2009 Options for the Mandated Provincial Business Protection Program ("Capping") D - 17 Martha A. Pettit, Deputy Clerk, Town of Whitby -Initial Proposed Employment Accessibility Standard D - 18 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax -Comments on the Province's "Healthy Great Lakes, Strong Ontario" Discussion Paper D - 19 Douglas G. Martin, Mayor, Town of Fort Erie -Rural and Northern Health Care Blue Ribbon Panel D - 20 Jim Souch, President, Kendal Community Centre -Request for Interest-Free Loan Council Agenda - 5 - JUNE 1, 2009 D - 21 The Greater Toronto Area Countryside Mayors Alliance (GTACMA) - Fair Trade between Canada and the United States D - 22 Dawn Whelan, Council Coordinator, City of Ottawa -Leave to Appeal Ontario Municipal Board decision D - 23 Eric K. Gillespie, Barrister and Solicitor -Compliance Audit - John Mutton, 2006 Municipal Election COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of May 25, 2009 STAFF REPORT(S) 1. Report COD-040-09 -Tender CL2009-26 -Orono Arena Roof Replacement BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS 1. Delegation -Richard Ward -Regarding Recent Property Standards Order -Tabled at General Purpose and Administration Committee Meeting, May 25, 2009 BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ~ ~-ar nntnn Clari~~on Leading the IVap Council Meeting Minutes MAY 11, 2009 Minutes of a regular meeting of Council held on May 11, 2009, at 7:00 p.m., in the Council Chambers. Councillor Foster 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 Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree Deputy Treasurer, L. Gordon Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services/Fire Chief, G. Weir DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 15. ANNOUNCEMENTS Councillor Robinson expressed appreciation to staff of the Emergency Services Department, the Engineering Services Department and the Canadian Red Cross for their assistance to fourteen individuals who were displaced from their homes at 119 King Street West and who required temporary accommodations. He noted some individuals are now back in their homes. Councillor Woo announced the following: On Wednesday, May 6, 2009, he represented the Mayor at the grand re-opening of Eco Water Systems in Bowmanville. He advised McLeod's Eco Water is the area's longest locally-owned water treatment company. Council Meeting Minutes - 2 - May 11, 2009 • On Friday, May 8, 2009, VE Day, he attended the unveiling of a Military Mural painted by local artist Todd Treemer depicting the involvement of Canadian men and women from WW1 to the present conflict in Afghanistan. • On Saturday, May 9, 2009, he attended the First "Champions Against Homophobia and Transphobia" Awards Night hosted by PFLAG Canada Durham, Club 717 and the Aids Committee of Durham. Councillor Woo, along with Councillors April Cullen and Brian Nicholson from the City of Oshawa and Constable Keith Richards, Durham Regional Police Service were nominated for awards. Councillor Foster announced the following: A Public Information Session will be held on May 12, 2009, on the proposed Energy-From-Waste facility at the Garnet B. Rickard Recreation Complex. On May 14, 2009, the Courtice Rotary Club will host the Paul Harris Awards Night. Councillor Hooper announced the following: On Wednesday, May 6, 2009, he participated in McHappy Day at the local McDonald's Restaurant. Councillor Hooper stated the Wilson family, owners of eight local McDonald's Restaurants, make significant charitable contributions and suggested a Certificate of Appreciation be provided to the family acknowledging their efforts. On Thursday, May 7, 2009, he attended the Clarington Youth Talent Showcase and acknowledged the many talents of local youth. Councillor Hooper thanked the Director of Community Services, the Recreation Services Manager and facility staff for hosting the event. On May 9, 2009, Mayor Abernethy and Chief Weir welcomed home Darren Hann, a Clarington resident, who recently returned home upon completion of his tour of duty in Afghanistan. Councillor Novak announced that she also participated in McHappy Day on May 6th selling balloons at the event. MINUTES Resolution #C-268-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held on April 27, 2009, be approved. "CARRIED" Council Meeting Minutes - 3 - May 11, 2009 PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Harold Whorms advised prior to the meeting that he would not be addressing Council. Mayor Abernethy stated a number of letters have been received regarding the application submitted by Lafarge Canada Inc. to amend the official plan and zoning by-law to permit an asphalt plant and aggregate transfer station which he will forward to the Municipal Clerk for inclusion in the public record. Louis Bertrand addressed Council concerning Staff Report #1 -Report CAO-002-09 stating that Council must engage the residents of the community in the project in order to assure them that their best interests are being respected, and questioned what it will take to have Council address the threat of the proposed incinerator. Mr. Bertrand noted that many concerned citizens have appeared before both Clarington and Regional Council providing solid evidence that incineration is not a safe option and have provided viable alternatives to waste management including zero waste. Mr. Bertrand stated that Council received for information a motion from the Clarington Agricultural Advisory Committee regarding the importance of air quality monitoring for for the Energy-From-Waste facility, yet debated the merits of holding a street party and licensing of a hot dog cart for over thirty minutes. He suggested that as Council is concerned with residents drinking in public, they should also be concerned with the the increase of cancer, cardiovascular disease and asthma that will occur with incineration. He noted that residents have also pointed out serious flaws in the financial information provided regarding the incinerator. Mr. Bertrand stated this garbage crisis was not created in Clarington and this project should not be foisted on Clarington. Mr. Bertrand urged Council not to abandon their "Unwilling Host" status and to look to the best long-term interests of the residents of Clarington, Durham Region and all of Ontario. Linda Gasser addressed Council concerning Staff Report #1 -Report CAO-002-09 expressing appreciation to Clarington's four local Councillors who have listened to their constituents and have done their due diligence. She noted that this issue concerns money, power and greed and feels that the incineration industry is looking for a toehold in Canada. Ms. Gasser expressed concern that Report CAO-002-09 agrees to risk public health in return for infrastructure and that it is inadequate to agree to air monitoring for three years only when the incinerator will operate for twenty-five years, and that no soil or human health biomonitoring will be conducted. Ms. Gasser urged Council to consult with the community before taking action. She stated if approved, the $85 million stack will be visible for miles and will be a constant reminder of those who failed to protect the community. Ms. Gasser feels that the "Unwilling Host" position is Clarington's deterrent to the Energy-From-Waste Facility and the Province may not be willing to approve the project if it has been forced on the community. Council Meeting Minutes - 4 - May 11, 2009 Ms. Gasser stated that Mayor Abernethy has repeatedly indicated that he would not support incineration if it is proven not to be safe; however, she feels that if the Mayor were sincere, he would not bring forward a motion to rescind Clarington's "Unwilling Host" position in advance of receiving the peer review studies. Ms. Gasser urged Council to maintain the current "Unwilling Host" position. Barry Bracken addressed Council concerning Mayor Abernethy's Notice of Motion to reconsider Clarington's "Unwilling Host" position. Mr. Bracken questioned why anyone would want to declare the municipality as a "Willing Host" to an incinerator and to subject Clarington residents to health, environmental and financial risks. Mr. Bracken feels that Clarington will turn into "Hamilton East" noting dirty industry attracts dirty industry. He stated property values will be diminished and the health of the community, especially children, will be threatened. Mr. Bracken stated many of the gasses and particulate matter released are toxic and harmful and that Council should not ignore the opinions of seventy-five medical doctors who have signed a petition opposing this incinerator and noted that organizations representing 33,000 doctors in Europe and worldwide have sent an open letter to the European Parliament with their concerns regarding the health effects of incinerators. Mr. Bracken noted several Regional Councillors are undecided on the issue and he feels that if Clarington rescinds their "Unwilling Host" position, these Regional Councillors will be less likely to vote against the incinerator in June. Mr. Bracken also feels that the Ministry of the Environment will be influenced by the position of the host community and expressed concern that if the proposal is approved it may open the floodgates for incinerators to be built across the country. Mr. Bracken urged Council not to rescind the "Unwilling Host" community position and urged the public to attend the information session being held on May 13, 2009, at the Garnet B. Rickard Recreation Complex to voice their concerns on incineration. Kerry Meydam addressed Council concerning Mayor Abernethy's Notice of Motion to reconsider Clarington's "Unwilling Host" position. Ms. Maydam stated she was here this evening to urge Council to retain the "Unwilling Host" position as she feels that if the Municipality becomes a "Willing Host" to the proposed incinerator, Regional Council will have no reason to oppose or delay the project. She noted the Ministry of the Environment places significant weight on the issue of the "Unwilling Host" community, as public opinion and community acceptance are an important part of the process. Ms. Meydam expressed concern that every report prepared by the consultants has been positive, that they recommend that no additional monitoring be done, and that documented research presented by residents, medical doctors and scientists has been questioned, or not accepted at all. Ms. Meydam questions what has happened to taking a precautionary approach and why are residents being labeled as radicals when they attempt to bring forward factual information. Ms. Meydam stated the public is of the opinion that the issue is a done deal and she hopes that politicians will consider the precautionary principle and consider alternatives. She urged Council to retain its "Unwilling Host" status and to not exchange public health for royalties. Council Meeting Minutes - 5 - May 11, 2009 Nadia McLean-Gagnon addressed Council concerning Staff Report #1 -Report CAO- 002-09 stating as a resident of Courtice she was here this evening to ask Clarington's Regional and local Councillors to keep the "Unwilling Host" status. Ms. McLean- Gagnon urged local Councillors to not give in to the pressures to rescind the previous decision and to remain an "Unwilling Host" community. She feels that after all of the information Council has received on the matter, it would be reasonable to conclude that the precautionary principle should apply. Ms. McLean-Gagnon feels the incinerator is a huge mistake quoting the financial cost and expressing concern with the serious health risks and implications the burning of toxins will have on the unborn, children, and adults and the problems that will be passed on to future generations. Ms. McLean-Gagnon urged all Councillors to stay the course and not to change the municipality's "Unwilling Host" status. Gabriel Gagnon addressed Council concerning Staff Report #1 -Report CAO-002-09 stating he has been following the debate on the sidelines and feels that now is the time to speak on the project. Mr. Gagnon stated he was proud of Clarington Council when they adopted the position of an "Unwilling Host" community, but he is aware that it is a fragile position, and had hoped the many delegations appearing before Council would convince Regional Councillors to change their opinions. Mr. Gagnon questioned why the municipality would change the "Unwilling Host" position when the Environmental Assessment is not complete and it has not been determined if the facility is safe. Mr. Gagnon stated he feels that the public will engage in more recycling and cited the success of the clear bag pilot project being conducted in his neighbourhood. He also feels that if some of the funds being spent on the incinerator project were diverted to supplying the public with clear bags, community buy-in and diversion rates could significantly increase. Mr. Gagnon expressed concern that the location of the proposed incinerator is in close proximity to places where people gather such as Darlington Provincial Park, the Second Marsh, schools, soccer fields, baseball diamonds, and farms and the pollution will negatively impact the public's ability to enjoy the outdoors. Mr. Gagnon stated over seventy-five medical doctors have signed a petition against incineration and he urged Council to maintain their "Unwilling Host" community position. Pierre-Philipe David addressed Council concerning Staff Report #1 -Report CAO-002-09 stating he and his wife bought their home in Courtice two years ago as they felt the community, with its vibrant small-town feeling, amenities and safe, clean neighbourhoods, was the place they wanted to raise their family. He advised that had he known at the time that an incinerator was planned, he would never have purchased his home in Courtice. Mr. David feels as a parent it is his responsibility to ensure his family is safe and healthy and to provide for his family in a community of which he can be proud. Mr. David stated, despite his greatest efforts, he cannot protect his young daughter from the air she breathes. Mr. David stated that Council, as public servants, represent all members of society from newborns to the elderly and the decisions made by Council will impact the entire public. Council Meeting Minutes - 6 - May 11, 2009 He questioned whether burning garbage makes a community a better or more attractive place to live and questioned if this Council wants to leave the legacy of Clarington being the place that garbage is trucked in to burn. Mr. David urged Council to maintain the "Unwilling Host" community status. Eric McLean addressed Council concerning Staff Report #1 -Report CAO-002-09 as a concerned resident of Durham Region. Mr. McLean feels that burning garbage should never be a viable option and questioned the logic of adding more pollution to the airshed. Mr. McLean stated being from Sudbury, he is well aware of the effects of airborne pollutants on the environment, and questioned whether the incinerator is the only solution. Mr. McLean feels that the public is not being sufficiently informed of the project and that the majority of residents would not be in favour of incineration. Mr. McLean urged Council to find an alternative solution to the problem and to maintain the "Unwilling Host" community status. Ashley Bridgeman addressed Council concerning Staff Report #1 -Report CAO-002-09 stating she feels it is critically important for Council to maintain its "Unwilling Host" position and that Members of Council have the obligation to stand up for their constituents. Ms. Bridgeman stated the garbage belongs to everyone and feels that just because Clarington has been chosen as the site with the most space, does not mean the municipality has to accept it. Ms. Bridgeman feels that if questioned, other Regional Councillors would not be in favour of the incinerator being built in their municipalities either. Ms. Bridgeman urged Council to stand up for the rights of Clarington citizens. Michael Cuciurean advised prior to the meeting that he would not be addressing Council. Kerry Meydam addressed Council earlier in the meeting. Wendy Bracken addressed Council concerning Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 stating she feels it is imperative that Council maintain its "Unwilling Host" position. Ms. Bracken stated that incineration fails on every front as it will add large quantities of pollutants to the airshed, there will be increased truck traffic, emissions from the facility will deposit contaminate on the lands, the energy produces greenhouse gas, and the incinerator will bring a huge financial burden to the Region. Ms. Bracken stated informed communities do not want incinerators and there have been no new incinerators built in Ontario for twenty years. She advised that incineration proposals are being fought in Europe and expressed concern that the Region's consultants are members of an Energy-From-Waste Coalition and that information provided by the consultants is one-sided. Ms. Bracken expressed concern that ambient air monitoring will be done for three years only and that no human biomonitoring will be conducted. She feels that public consultation should take place on any Host Community Agreement and to trade public health for a few royalties and infrastructure would be shameful. Ms. Bracken expressed concern that Regional Councillors have consistently voted to advance the project and have failed to use the precautionary principle. Council Meeting Minutes - 7 - May 11, 2009 Ms. Bracken stated there is no credible information that this incinerator is good for the community and urged Council to maintain the "Unwilling Host Community" status. Ms. Bracken stated Clarington is not a willing host. Resolution #C-269-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Correspondence Items I - 6 (f) and (g), D - 18 and D-19 be added to the Agenda. "CARRIED" COMMUNICATIONS Correspondence Items I - 6 (f) and (g) were received as handouts. Resolution #C-270-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including handout items I - 6 (f) and (g) be approved, with the exception of Items I - 5, I - 8, I - 14, I - 18 and I-21. "CARRIED" I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 14, 2009. I - 2 Minutes of the Central Lake Ontario Conservation Authority dated April 21, 2009. I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 17, 2009. I - 4 M. Januszkiewicz, Director of Waste Management Services, Region of Durham, issuing a notice advising of the release of the draft Interim Environmental Assessment (EA) study document; advising the Region has agreed to release the draft Interim EA study document in phases to maximize the pre-submission review by the Government Review Team, Ministry of the Environment and the general public; and attaching a CD copy of the draft Interim Environmental Assessment study document. Council Meeting Minutes - 8 - May 11, 2009 Comments on the draft Interim EA study document can be submitted to the project team during the pre-submission period ending June 5, 2009, at info durhamyorkwaste.ca or submitted during the Ministry of the Environment's regulated review period. The following is the established schedule to consider the draft Interim EA documents: May 6 -Site Liaison Committee, May 5 -Joint Waste Management Group, May 20 -Works Committee and June 3 -Regional Council. I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Carol Macey b) Maria Kordas-Fraser c) Patricia Horan d) Sylvia Vanhaverbeke e) Mary-Ann Kalutai f) Pam Callus and Jim Osborne g) Barb Spencer I - 7 Association of Municipalities of Ontario (AMO) Member Communication Alert dated April 27, 2009, advising that candidates for municipal office in Ontario are now exempt from the provisions of the National Do Not Call List (DNCL), launched on September 30, 2008, imposing enforceable restrictions on organizations and individuals placing unsolicited telephone calls to Canadians who had registered on the List. I - 9 John R. O'Toole, MP, Durham, forwarding a copy of the Municipality's response from the Honourable Aileen Carroll, Minister of Culture, with respect to Camp 30, advising that he, along with so many Bowmanville residents, was saddened by the recent fire at the site; trusting that Council and citizens will not be discouraged by this turn of events and will continue with initiatives that give the site the recognition it deserves; and, enclosing the official Report of Debates (Hansard) of April 6, 2009, where he raises the historical significance of Camp 30 in the Legislature. I - 10 John R. O'Toole, MP, Durham, writing to Michael Patrick, President, Clarington Board of Trade, advising that he agrees that it is important for Clarington to be a balanced municipality, offering local jobs and investment opportunities; that he supports the Board of Trade and the Municipality in seeking planning policies that aim for more jobs for local residents, along with well-planned growth for the future; and, that the amount of "employment lands" allocated to Durham Region in the "Places to Grow" document is unfair. Council Meeting Minutes - 9 - May 11, 2009 I - 11 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable James J. Bradley, Minister of Transportation, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to The Greater Toronto and Hamilton Area Transit Implementation Act, 2009: "a) THAT the following recommendations for changes to Bill 163, the Greater Toronto and Hamilton Area Transit Implementation Act 2009 be forvvarded to the Minister of Transportation and to the provincial Standing Committee on Finance and Economic Affairs: i) The Province must recognize in Bill 163 that, for municipalities to plan effectively for key intensification corridors, they must be included as true partners in the planning and implementation decisions around major transit infrastructure in their municipality; ii) The Province must foster the meaningful participation and strong co-operation from municipalities that is vital to effectively implement the Regional Transportation Plan by creating a `hybrid board of directors' that retains municipal representation on the proposed 15 member consolidated Metrolinx board as well as including private sector experts; iii) Since Metrolinx will be investing a very large amount of public funding, Bill 163 must include provisions to ensure that the consolidated board will operate as openly, transparently and accountably as possible; iv) The Province must simplify and clarify how the various provincial acts, plans and policies for the Greater Golden Horseshoe fit together; v) The Province must assume the responsibility for establishing, implementing and administering a Provincial Transit/Transportation Development Charge and related funding model to replace the existing GO Transit development charge pursuant to the Development Charges Act 1997. This Provincial Transit/Transportation Development Charge and related funding models must form an integral part of the future investment strategy by incorporating the capital projects set forth in the Metrolinx Regional Transportation Plan and GO Transit capital plans to ensure that the growth components of these plans are funded from growth revenue sources; Council Meeting Minutes - 10 - May 11, 2009 vi) The regulatory authority in Bill 163, to prescribe a transit system as part of the Metrolinx system, must be accompanied by a responsibility to mitigate any negative impacts, financial or otherwise, on an affected municipally-operated transit system, as a result of the prescription of a system within its service area. One way to do this is to balance provincial investment in the regional and municipal transit system; and b) THAT a copy of Joint Report No. 2009-J-19 of the Commissioners of Finance, Works and Planning be forwarded for information to the Ministers of Energy and Infrastructure, and Municipal Affairs and Housing, Durham Region MPP's, the Chairs of Metrolinx and GO Transit, the Cities of Toronto and Hamilton, the Regions of Halton, Peel and York, and the eight Durham area municipalities." I - 12 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a) THAT Report #2009-P-29 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2009-P-29 be forwarded to all Durham Area Municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information." I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Annual Subdivision/Condominium Activity Report for 2008: "a) THAT Report #2009-P-28 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2009-P-28 be forwarded to the area municipalities." Council Meeting Minutes - 11 - May 11, 2009 I - 15 Canadian Urban Institute issuing a Media Release/Communique dated April 27, 2009, advising that the Special Senate Committee on Aging has released its Final Report "Canada's Aging Population: Seizing the Opportunity' focusing on five recommendations ranging from the promotion of active, healthy aging to issues such as ensuring that Canadians are able to age in place with adequate housing, transportation, and integrated health and social care services; and, indicating that the section of the report dealing with the built environment emphasizes the importance of incorporating the principles of universal design to plan "lifetime neighbourhoods" and apply the principles of barrier-free design to all aspects of the built environment to improve accessibility for everyone. I - 16 Harold Sellers, Executive Director, Oak Ridges Trail Association, expressing appreciation for the $500 grant which will assist the Association with general maintenance, repairs and improvements to the Oak Ridges Moraine Trail. I - 17 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living, expressing appreciation for the $1,000 grant which will assist Community Living in providing the highest quality of life possible for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. I - 19 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Donna Cansfield, Minister of Natural Resources,(MNR) regarding the Kendal Crown Lands, advising the MNR has made no commitments to form partnerships or received any formal proposals or submissions regarding the Kendal Property; however, the Ontario Federation of Anglers and Hunters has expressed an interest in a possible partnership and have indicated that they will be reviewing their interest in the property during spring 2009 and that staff will update Mr. O'Toole of plans and consultation on the Kendal property. I - 20 Peter Simmons, Director, Municipal and Community Engagement, Nuclear Waste Management Organization, forwarding a copy of the Nuclear Waste Management Organization discussion document "Moving Forward Together: Designing the Process for Selecting a Site -Invitation to Review a Proposed Process for Selecting a Site" and a copy of the NWMO Activity Update (April 2009). The site selection document will be made available for public review and comment on the NWMO website. Council Meeting Minutes - 12 - May 11, 2009 I - 5 Sandra Kranc, City Clerk, City of Oshawa, writing to P. Madill, Regional Clerk, Region of Durham, advising that on April 20, 2009, the City of Oshawa adopted the following resolution pertaining to the Region of Durham's Proposed Energy from Waste Facility: "Whereas the Region of Durham has selected a site in the Municipality of Clarington for its proposed Energy From Waste (EFW) Facility; and, Whereas Municipality of Clarington staff and Region of Durham staff did not respond positively to Oshawa's offer to partner on a public information session on the proposed EFW Facility; and, Whereas Municipality of Clarington staff have now advised it is no longer interested in partnering with the Region of Durham and other municipalities in coordinating a public meeting on the proposed EFW Facility; and, Whereas the Region of Durham intends to select a preferred proponent to build and operate the proposed EFW Facility at its Council meeting on April 22, 2009 (Covanta Energy Corporation is recommended by Regional staff and the Joint Works and Finance and Administration Committee); and, Whereas The Region of Durham will be hosting an Open House on May 12, 2009 at a location in the Municipality of Clarington on the proposed EFW Facility; and, Whereas following the selection of the preferred proponent on April 22, 2009, the Region of Durham intends to complete the following documentation associated with the proposed EFW Facility: Environmental Assessment Documentation, Environmental Protection Act (EPA) Approvals, Ontario Water Resources Act (OWRA) Approvals and Permits and Certificates of Approval with the Ministry of the Environment; Therefore be it resolved: That Regional Council be requested to engage a qualified independent peer review consultant to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability of any environmental and public health impacts of the proposed EFW Facility based on said documentation; Council Meeting Minutes - 13 - May 11, 2009 2. That Regional Council be requested to direct the Regional Health and Social Services Department and Medical Officer of Health to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability environmental and public health impact of the proposed EFW Facility based on said documentation and that Regional Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle to compare and report on his professional medical opinion as to whether the process is safe or not.; That Regional Council be requested to update the business case for the proposed EFW Facility to reflect the selection of the preferred proponent and consider and chart the implications of pending plant closures on the tax base and the resulting impact of the construction and operation of the incinerator on Regional taxes; 4 That Correspondence SIC-09-17 dated March 26, 2009 from Marisa Kata and Correspondence SIC-09-18 dated March 27, 2009 from Anne Maxwell be received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 5. That Item 1 from the Oshawa Environmental Advisory Committee (SIC-07-51 ), Item 3 from Colleen Knight (SIC-08-11 and SIC-08- 22), Item 4 from Paul-Andre Larose (SIC-08-15), Item 5 from Louis Bertrand (SIC-08-23), Item 6 from Rebecca Harrison (SIC-09-13) and Item 7 from Chris White (SIC-09-14) on the Strategic Initiatives Committee Outstanding Items Status Report regarding the proposed EFW Facility be lifted from the table and received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 6. That Item 2 from the Municipality of Clarington (SIC-08-18) on the Strategic Initiatives Committee Outstanding Items Status Report be received for information; and, 7. That in the event the Region does not agree, that a copy of this resolution be sent to the Ministry of the Environment to request the Province to undertake these processes prior to any decision of an Environmental Assessment Application." Council Meeting Minutes - 14 - May 11, 2009 Resolution #C-271-09 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS Clarington Council is unaware of any offeror refusal of such to partner on a Public Information Session on the Proposed Energy-From-Waste Facility; WHEREAS Clarington Council may in fact be interested in exploring such an opportunity; THEREFORE BE IT RESOLVED THAT Clarington request of the City of Oshawa further information on the original offer and refusal of partnering on such a session and explore future opportunities to partner such a session; and FURTHER THAT Clarington endorse Oshawa's position: That Regional Council be requested to engage a qualified independent peer review consultant to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability of any environmental and public health impacts of the proposed EFW Facility based on said documentation; That Regional Council be requested to direct the Regional Health and Social Services Department and Medical Officer of Health to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability environmental and public health impact of the proposed EFW Facility based on said documentation and that Regional Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle to compare and report on his professional medical opinion as to whether the process is safe or not.; 3. That Regional Council be requested to update the business case for the proposed EFW Facility to reflect the selection of the preferred proponent and consider and chart the implications of pending plant closures on the tax base and the resulting impact of the construction and operation of the incinerator on Regional taxes; 4. That in the event the Region does not agree, that a copy of this resolution be sent to the Ministry of the Environment to request the Province to undertake these processes prior to any decision of an Environmental Assessment Application "MOTION WITHRAWN" Council Meeting Minutes - 15 - May 11, 2009 Resolution #C-272-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 5 from the City of Oshawa with respect to the Region of Durham's Proposed Energy-From-Waste Facility be referred to the Municipal Clerk for inclusion in next General Purpose and Administration Committee Agenda. "CARRIED" I - 8 Dr. Elaine Ho and Dr. Vincent Ho, writing to Foster Loucks, Chair, Board of Directors and Debora Hammons, CEO, Central East LHIN, expressing concern with the possibility of removing the Special Care Unit and resulting loss of internal medicine and/or general surgery coverage from Lakeridge Health Bowmanville; advising from their point of view as family doctors, it will compromise the quality of patient care as these services are essential for an acute care hospital and emergency department and that family physicians rely on the expertise of internists with respect to complex medical patients that they encounter on a regular basis; indicating that with the Municipality's population growing and new nuclear plant development, there will be a need to expand Lakeridge Health Bowmanville; expressing concern that partial funding slated for Lakeridge Health Corporation was diverted to other areas and hoping that adequate funding will be provided to Lakeridge Health Corporation to reflect the population growth and that investment in Lakeridge Health Bowmanville reflects the needs of the population. Resolution #C-273-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 8 from Dr. Elaine Ho and Dr. Vincent Ho with respect to funding for Lakeridge Health Bowmanville be received for information. °CARRI ED" I - 14 Lucille King, MPA, Director of Corporate Services/Town Clerk, Town of Aurora, writing to Bill Fisch, Chair and CEO, Region of York, advising that on April 14, 2009, the Town of Aurora adopted the following resolution pertaining to Hospital Funding Capital Projects: "THAT, in order to improve timely and local access to hospital care in Aurora and across high growth communities in Ontario, the Town of Aurora asks that the Government of Ontario: Council Meeting Minutes - 16 - May 11, 2009 1. Speed up implementation of hospital growth funding commitment, ensuring that $100 million in growth funding is targeted to high growth hospitals and provide growth funding for social services; and Quickly implement "Health Based Allocation Model" (HBAM), i.e. population-needs-based-funding for provincial health care funding and develop apopulation-needs-based-funding formula for social services; and 3. Develop a health care and social services growth plan for Ontario to complement "Places to Grow'; and THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPP for Newmarket-Aurora, York Region Chair and CEO, the Town of Newmarket, High Growth Communities Mayors and Chairs, and the Central LHIN." I - 18 Hazel McCallion, Mayor, City of Mississauga, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on April 22, 2009, the City of Mississauga adopted a resolution urging the Province to support fairness in provincial funding to allow for the improvement of timely and local access to hospital care in the City of Mississauga and across high growth communities in Ontario. Resolution #C-274-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolutions from the Town of Aurora and the City of Mississauga with respect to Hospital Funding Capital Projects and Health Care and Social Services Growth Plan for High Growth Communities in Ontario be endorsed. "CARRIED" I - 21 Douglas Allingham, Lakeridge Health Board Chair, thanking Council for expressing their concerns to Health Minister David Caplan regarding the future of services at Lakeridge Health Bowmanville; offering reassurance that Lakeridge Health is firmly committed to an acute care facility in Bowmanville; acknowledging and agreeing that the volume of patients will only increase as Clarington continues to experience population and economic growth; and, confirming that Lakeridge Health's hospital and medical leadership is continuing to work diligently with doctors and specialists in Bowmanville to examine options to help alleviate the longstanding issues relating to specialist attraction and retention at Lakeridge Health Bowmanville. Council Meeting Minutes - 17 - May 11, 2009 Resolution #C-275-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 21 from Douglas Allingham, Lakeridge Health Board Chair, with respect to the future of services at Lakeridge Health Bowmanville, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 18 and D - 19 were received as handouts. Resolution #C-276-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 11 be approved as per the agenda, with the exception of Items D - 9, D - 10 and D - 11. "CARRIED" D - 1 M. Aileen Carroll, Minister Responsible for Seniors, advising that June 2009 marks the 25th Anniversary of Seniors' Month in Ontario; encouraging municipalities to honour local seniors by attending and hosting events in the community; and, requesting that June 1 - 30 be proclaimed as "Seniors' Month". (Proclaimed) D - 2 Jennifer Knox tendering her resignation from the Clarington Heritage Committee advising she has enjoyed serving on the Committee for the past eight years and will continue her dedication to preserve the physical and cultural heritage of Clarington. (Correspondence received with regret and referred to the Municipal Clerk) D - 3 Gary Cole, District Master, West Durham District L.O.L., requesting the week of July 4 - 11, 2009, be proclaimed as "Orange Week"; and, advising of several functions scheduled during the week which will commence on July 4th with the Annual Orange Parade in Bobcaygeon. (Request denied and staff to advise that Municipal policy does not allow proclamations to be granted for matters of religious belief) Council Meeting Minutes - 18 - May 11, 2009 D - 4 Alexander M. Lyall tendering his resignation from the Clarington Traffic Management Advisory Committee and Road Watch as he is relocating outside of the municipality and extending best wishes to the Committee in their future endeavours. (Correspondence received with regret and referred to the Municipal Clerk) D - 5 Liz Rootham, Director General, Community Development and Partnerships Directorate, Human Resources and Social Development Canada, forwarding a nomination brochure and poster for the 2009 Therese Casgrain Volunteer Award. The 2009 Award will be presented to two exceptional volunteers -one for Youth Participation and one for Lifelong Commitment to individuals whose social commitment and persistent efforts have contributed significantly to the well-being of their fellow Canadians. Nominations are open until June 19, 2009. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 6 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, requesting permission to hold the 48~h Annual Community of Bowmanville Santa Claus Parade on Saturday, November 21, 2009, beginning at 10:30 a.m.; highlighting the parade route; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; and, thanking all involved for their continued support in making the parade a great success. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 7 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario, requesting Council to proclaim the month of June as "Spina Bifida and Hydrocephalus Awareness Month" in Clarington to help raise awareness of the many challenges brought on by these serious, disabling conditions. (Proclaimed) Council Meeting Minutes - 19 - May 11, 2009 D - 8 Colin Andersen, Chief Executive Officer, Ontario Power Authority, urging Council to actively take part in Ontario's second province-wide Energy Conservation Week, May 17 - 23, 2009; forwarding the Authority's Energy Conservation Week 100 conservation ideas information piece/poster and brochure on conservation issued by the Ontario Power Authority; and, suggesting the municipality make use of the campaign website: energyconservationweek.ca to access and share information related to Energy Conservation Week activities. (Correspondence referred to the Chief Administrative Officer and to the Clarington Living Green Community Advisory Committee) D - 9 Kelly Knight forwarding a petition from residents of Dadson Drive and Squire Fletcher Drive advising of ongoing problems with speeding and uncontrolled driving in their neighbourhood and requesting that traffic calming measures be investigated to address safety concerns. Resolution #C-277-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D - 9 from Kelly Knight regarding speeding concerns be referred to the Director of Engineering Services and to the Clarington Traffic Management Advisory Committee. "CARRIED" D - 10 Dr. David Fowler, Durham Church Network, thanking Council and staff for the assistance provided to date in facilitating approvals with respect to land use issues for their Best Start Hub, a facility to include child daycare services, an Early Learning Centre, Health Units and programs that support the development of strong families and healthy living, to be located on the south side of Taunton Road, east of Townline Road; indicating they have recently been advised that the Federal government will be announcing a stimulus infrastructure program -Recreational Infrastructure Canada (Rlnc) that the Best Start Hub will fit exactly within the program parameters for RInC funding; advising that the Durham Church Network has approximately one week to compile the proposal in order to submit it as soon as the program is announced; and, asking if Council would be willing to provide a letter of support to include in the submission to the RInC program indicating that the municipality is doing all that is possible to insure that this project is fast-tracked to meet the RInC requirements of being "Shovel Ready'; and, that the letter be provided to the Durham Church Network this week. Council Meeting Minutes - 20 - May 11, 2009 Resolution #C-278-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 10 from Dr. David Fowler, Durham Church Network, be referred to the Director of Planning Services to prepare a response; and, that the Mayor be authorized to forward the response on behalf of Council. "CARRIED" D - 11 Douglas Cronk writing further to his letter of March 31, 2009, regarding the compensation for elected officials appointed to Veridian Corporation Boards; advising he remains extremely dissatisfied with the manner in which the issue was dealt with by Council and that he is of the opinion that both Councillor Novak and Councillor Foster should have declared a conflict of interest regarding the vote as the issue relates to their personal income; and, requesting Council to review the issue in light of the apparent conflict of interest and to reverse their earlier decision and to deal appropriately with the matter now versus passing it off to the next elected Council. Resolution #C-279-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D - 11 from Douglas Cronk, with respect to compensation for elected officials appointed to Veridian Corporation Boards, be referred to the Municipal Clerk to prepare a response outlining the Municipal Conflict of Interest Act as it relates to remuneration issues. "CARRIED" Resolution #C-280-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for five minutes. "CARRIED" The meeting reconvened at 8:54 p.m. Council Meeting Minutes - 21 - May 11, 2009 D - 12 Susan DaCosta, forwarding a copy of correspondence sent to the Orono Times and to Clarington This Week regarding funding for renovations to Total Hockey to provide lease space to Community Care and for remuneration paid to Members of Council to sit on the Veridian Board; requesting that Council review the issue of remuneration, specifically for the Veridian Board; suggesting that guidelines be put in place so that all Boards and Council members know exactly what is involved; and, requesting that Council revisit this issue and provide clarification now. Resolution #C-281-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 12 from Susan DaCosta, regarding the issue of remuneration for elected officials appointed to Boards and Committees, be received for information. "CARRIED" D - 13 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Canadian Transplant Association, advising that on April 20, 2009, the City of Pickering adopted the following resolution with respect to Increasing Organ Donations -Saving Lives: "WHEREAS according to media reports there are nearly 1,700 Ontarians waiting for organ transplants; and WHEREAS according to media reports, there are about 4,000 Canadians waiting for organ transplants; and WHEREAS according to media reports, 140 to 250 people die each year in Canada awaiting organ transplants; and WHEREAS according to the Canadian Medical Association Journal presumed consent, making every eligible person automatic organ donor upon death unless they specifically opt out ahead of time, is practiced in various forms in Europe in countries such as Belgium and Spain; and WHEREAS the current system in Ontario requires persons who want to donate their organs to fill out a donor card to notify family members who are then asked to provide final consent even if the donor filled out an organ donor consent card; and Council Meeting Minutes - 22 - May 11, 2009 WHEREAS many good organs that could be donated are being buried or cremated rather than harvested for those in great need or even dying on waiting lists; and WHEREAS a recent Toronto Star-Angus Reid poll has found that 64% of Ontarians support provincial legislation that would make everyone an automatic organ donor unless they explicitly opt out amongst other options; and WHEREAS such legislation would cut a long standing chronic shortage of organ donors across the province and save many lives. NOW THEREFORE BE IT RESOLVED THAT The City of Pickering encourage and support provincial legislation for making every eligible person an automatic organ donor upon death unless they specifically opt out ahead of time to address the chronic shortage of organ donations and saving many lives. This motion be forwarded to the Canadian Transplant Association, the Trillium Gift of Life, all municipalities n Durham Region, Regional Health & Social Services Committee, Ontario Municipal Association, and MPP's for Ajax-Pickering and Scarborough East-Pickering." Resolution #C-282-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the City of Pickering, with respect to Increasing Organ Donations -Saving Lives, be endorsed. "CARRIED" D - 14 Peter White, President, Society of Professional Engineers and Associates (SPEA) writing to the Honourable Dalton McGuinty, Premier of Ontario, congratulating the government for showing significant foresight and leadership in pursuing new nuclear power for Ontario; advising of the importance for the government to recognize that buying a Canadian made, designed, and supplied nuclear reactor is the best choice for Ontario, highlighting the benefits of selecting CANDU, including the maintenance and creation of thousands of jobs for skilled trades people and professionals; indicating that CANDU reactors have safely supplied electricity to Ontario for over 40 years with no greenhouse gas or smog; and, encouraging the Province to continue to make the right choice and to choose CANDU, and requesting Council's support. Council Meeting Minutes - 23 - May 11, 2009 Resolution #C-283-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 14 from Peter White, President, Society of Professional Engineers and Associates, with respect to support for CANDU reactors, be received for information. "CARRIED" Councillor Foster stated a pecuniary interest with respect to Correspondence Item D - 15 as Barb and Bob Cowle are clients of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. D - 15 Barb and Bob Cowle, requesting an extension of four months to move two sheds that are close to the property line at 2682 Prestonvale Road, originally scheduled to be moved on May 16~n The correspondence indicates that the owners are in the process of getting the house ready for sale, have personal family responsibilities to attend to; and, coupled with the fact they live 2 '/2 hours away, they are requesting the extension. Resolution #C-284-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from Barb and Bob Cowle, for an extension to move two sheds at 2682 Prestonvale Road, be approved. "CARRIED" D - 16 Chris Darling, MCIP, RPP, Principal Planner, Region of Durham, requesting the Municipality to appoint a citizen representative to the Durham Trail Coordinating Committee; and, advising that John Stoner has expressed interest in serving on the Committee. Resolution #C-285-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT John Stoner be appointed as citizen representative to the Durham Trail Coordinating Committee on behalf of the Municipality of Clarington. °CARRI ED" Council Meeting Minutes - 24 - May 11, 2009 D - 17 Denise Labelle-Gelinas, CMO, City Clerk, City of Cornwall, advising Council that on April 27, 2009, the City of Cornwall adopted the following resolution pertaining to the Provincial Harmonized Sales Tax: "WHEREAS the Provincial Government has recently announced the harmonization of the 5% GST and the 8% PST; and WHEREAS, the Harmonized Sales Tax will negatively impact the registration costs for minor sports by an increase in facility rental fees and registration fees; and WHEREAS these increased costs will prevent some youth from participating in sporting activities; and THEREFORE BE IT RESOLVED, that we, City Council, send an appeal to the Provincial Government to exempt items related to the rental of recreation facilities and registration fees for minor sports to ensure that all youth are able to afford to participate; and BE IT FURTHER RESOLVED that we, City Council, request to have AMO lobby the Provincial Government on our behalf; and that a copy of this Resolution be sent to all municipalities in Ontario requesting their support. Resolution #C-286-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the City of Cornwall, with respect to the Provincial Harmonized Sales Tax, be referred to the Director of Finance/Treasurer. "CARRIED" D - 18 Barb North urging Council to maintain its "Unwilling Host" position regarding the proposed Energy-From-Waste facility to be built in Clarington; acknowledging that a great deal of money has already been spent on this project but advising she feels it is better to back out of the project now than to continue and accept the negative consequences and suffer serious health and financial issues in the future. D - 19 Christine Jackson urging Council not to rescind its "Unwilling Host" position regarding the proposed Energy-From-Waste facility to be built in Clarington and to put the health of Clarington residents ahead of the wants of the Region of Durham. Council Meeting Minutes - 25 - May 11, 2009 Resolution #C-287-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 18 from Barb North, and Correspondence Item D - 19 from Christine Jackson, urging Council to maintain its "Unwilling Host" position regarding the proposed Energy-From-Waste facility, be received with thanks. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report May 4, 2009. Resolution #C-288-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 4, 2009, be approved, with the exception of Items #13 and #14. "CARRIED" Item #13 Resolution #C-290-09 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS there is no need to have a Member of Council sit on the Clarington Sports Hall of Fame Selection Committee, THEREFORE BE IT RESOLVED: THAT the Clarington Sports Hall of Fame Selection Committee remain as a Committee independent of a Committee of Council; and THAT the process and procedures regarding the selection criteria for inductees to the Clarington Sports Hall of Fame remain status quo. "CARRIED" Council Meeting Minutes - 26 - May 11, 2009 Item #14 Resolution #C-291-09 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS requests for use of Municipality of Clarington recreation facilities at no cost are referred to the Community Grant Program for eligibility and funding where appropriate; AND WHEREAS under the current criteria the Bowmanville Rotary Club would be considered ineligible for a Community Grant; AND WHEREAS the Bowmanville Rotary Club operated the 1ST Clarington Rotary Ribfest event in June 2008 as part of the Bowmanville 150~h Anniversary Celebration at a deficit of $28,758; NOW THEREFORE BE IT RESOLVED: THAT CSD-007-09 be lifted from the table; THAT Addendum to Report CSD-007-09 be received; THAT the facilities and services as requested, and as listed in Section 2.3 of Report CSD-007-09, be approved with the total cost of services being $7,070.00; THAT Council require the Bowmanville Rotary Club to provide, for the duration of the event, general liability insurance in an amount of not less than five million dollars (5,000,000) per occurrence; THAT an original Certificate of Insurance shall be submitted to the Municipality of Clarington and shall name the Municipality of Clarington as an Additional Insured; THAT the request of the Bowmanville Rotary Club for use of the east and west ball diamonds at the Rickard Recreation Complex June 12 to 15, 2009, be provided at no cost; THAT this be considered a "one time" exception and the normal practice of referring such requests to the Community Grant Program continue; and THAT the Bowmanville Rotary Club be advised of Council's decision. "CARRIED" Council Meeting Minutes - 27 - STAFF REPORT(S) May 11, 2009 Report PSD-045-09 -Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and 0.5 Ha Parkette Resolution #C-292-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Report PSD-045-09 - Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and 0.5 Ha Parkette be added to the Agenda. "CARRIED" Resolution #C-293-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-045-09 be referred to a closed session of Council following the Unfinished Business Section of the Agenda. "CARRIED" Addendum to Report CAO-002-09 -Status of Energy-From-Waste Host Community Agreement Negotiation Resolution #C-294-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Addendum to Report CAO-002-09 be received; THAT Council approve the Host Community Agreement negotiated by the Clarington and the Region CAO's as identified in Report CAO-002-09 and in the Addendum to Report CAO-002-09; THAT Council urge Regional Council to endorse same and direct Regional staff to finalize the Host Community Agreement; THAT the Mayor and Clerk be authorized to execute the Host Community Agreement subject to its final review by the Clarington Solicitor. "MOTION TABLED" (See following motion) Council Meeting Minutes - 28 - May 11, 2009 Resolution #C-295-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the foregoing Resolution #C-294-09 be tabled to a special meeting of Council to be held on Friday, May 15, 2009, at 9:00 a.m. in the Council Chambers. "CARRIED LATER IN THE MEETING" (See following motion) Resolution #C-296-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Council recess for five minutes. "CARRIED" The meeting reconvened at 9:27 p.m. The foregoing Resolution #C-295-09 was then put to a vote and CARRIED. BUSINESS ARISING FROM NOTICE OF MOTION Mayor Abernethy advised he would not be proceeding with the Notice of Motion to rescind Resolution #C-032-08 at this time. UNFINISHED BUSINESS Resolution #C-297-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the delegations of Linda Gasser, Barry Bracken and Wendy Bracken be received with thanks. "CARRIED" Council Meeting Minutes - 29 - May 11, 2009 Resolution #C-298-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-045-09 be received; THAT the Mayor and Clerk be authorized to enter into an amending Agreement for the acquisition of 71 Old Kingston Road, the valley lands associated with a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice; and THAT the By-law contained in Attachment 3 to Report PSD-045-09 be approved authorizing the Mayor and Clerk to execute the Amending Agreement. "CARRIED" BY-LAWS Resolution #C-299-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2009-055 to 2009-059 inclusive; 2009-055 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Teri BeIl/Thornlea Holsteins Ltd.) 2009-056 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to enter into agreement for the Nash Road Reconstruction, Courtice, Ontario 2009-057 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Robert Chung) 2009-058 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Tim Smith) 2009-059 Being a By-law to authorize an amending agreement to facilitate acquisition of 71 Old Kingston Road, valley lands associated with a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice as detailed in PSD-045-09 and PSD-024-09; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 30 - NOTICE OF MOTION May 11, 2009 There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION The Director of Engineering Services provided an update regarding the construction timeline with respect to the Mill Street underpass and advised he will be preparing an information report to Council on the matter in the near future. Councillor Novak issued a reminder regarding the Public Information Session scheduled for May 13, 2009, at the Garnet B. Rickard Recreation Complex from 4:00 p.m. until 6:00 p.m. and from 7:00 p.m. until 9:00 p.m. on the Energy-From- Waste facility. CONFIRMING BY-LAW Resolution #C-300-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2009-060, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11 ~h day of May, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-301-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 9:35 p.m. "CARRIED" MAYOR MUNICIPAL CLERK ~ :~arin~rnn Clariogton tead(ngrbelVny Special Council Meeting Minutes MAY 15, 2009 Minutes of a special meeting of Council held on May 15, 2009, at 9:07 a. m., in the Council Chambers. Councillor Hooper 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. Caru~na Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-302-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the Rules of Procedure be suspended and that the order of the Agenda be altered to allow Nadia McLean-Gagnon to address Council as the first delegation. "CARRIED" Council Meeting Minutes - 2 - May 15, 2009 DELEGATIONS Nadia McLean-Gagnon addressed Council concerning Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08. Ms. McLean-Gagnon believes the proposed incinerator is a huge mistake and urged Members of Council not to vote in favour of rescinding the "Unwilling Host" community status. Ms. McLean-Gagnon questioned why Mayor Abernethy is passing the responsibility for the decision onto the Region and the Ministry of the Environment when Clarington has the option to say no at the local level. She feels that if the Mayor does not care about Clarington, then why should the community expect that higher levels of government will put Clarington's best interest first. Ms. McLean-Gagnon feels there are many problems with the process and expressed concern that soon it will be too late. She feels that if all Members of Council were united, the process could be stopped. Ms. McLean-Gagnon stated science is proving incineration is unsafe and that she is basing her advocacy on science. Ms. McLean-Gagnon stated the process is flawed, there have been numerous errors in the Consultant's reports, conclusions are based on assumptions, and, the consultants do not provide adequate responses to questions asked by the public. Ms. McLean-Gagnon stated it does not make sense that there will be no negative effects and feels that Regional Councillors are not listening to those opposed to incineration as much as to those who support it. Linda Gasser addressed Council concerning Staff Report #1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08. Prior to commencing her delegation, Ms. Gasser requested confirmation of any additional reports, memos or handouts for today's meeting. Ms. Gasser feels there is no need for Council to rush into signing a Host Community Agreement prior to receipt of key reports including the Air Quality Assessment, the Site Specific Human Health Ecological Risk Assessment Report, and the Draft Environmental Assessment which she feels should be reviewed prior to conclusions being formed. Ms. Gasser stated there is no requirement for a Host Community Agreement to be signed prior to the EA study being submitted and she feels that pressing the Municipality to accept the Host Community Agreement demonstrates that the Environmental Assessment is more about politics than substance. Ms. Gasser expressed concern that Mayor Abernethy used to say incineration must be proven safe now he says it must be proven unsafe. Ms. Gasser stated studies indicate that there is no proof that incineration is safe and that serious health concerns have been raised by the public advocating a precautionary approach. Ms. Gasser expressed concern regarding the content of the proposed agreement and stated she cannot understand what is in the Addendum Report that is better than what was in the original Report. She urged Council to consult with the community and not to sign a Host Community agreement before doing their due diligence to make an informed decision. Louis Bertrand addressed Council regarding Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation questioning who Mayor Abernethy is speaking for when he says "we got everything we asked for" in the Host Community Agreement. Council Meeting Minutes - 3 - May 15, 2009 Mr. Bertrand reviewed the agreement clause by clause stating the Host Community Agreement will not protect Clarington as it does not appear that the Region has given up much, he feels the agreement is full of loopholes; and, questioned whether the final wording of the agreement will be peer reviewed. Mayor Abernethy responded to Mr. Bertrand question that he speaks on behalf of Council regarding the negotiations. Louis Bertrand addressed Council regarding Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 expressing concern that no justification for the motion had been provided and questioned whether procedurally rescinding an existing resolution was the only way to change Council's position from "Unwilling" to "Willing" host community. Mr. Bertrand cautioned Members of Council to consider the implications of the motion. He expressed concern that Mayor Abernethy is passing the buck by stating that if the project is not safe the Ministry of the Environment will turn it down. Mr. Bertrand stated rarely does the Province not approve a project that has the approval of the local municipality. Mr. Bertrand summarized by stating that if Members of Council approve the motion they are accepting the consequences of their actions and that the consequences will last longer than the expected 25 or 35 year service life of the incinerator and longer than the eighteen months to the next election. Kerry Meydam addressed Council regarding Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation stating a host community agreement is not a requirement of the Environmental Assessment and feels that the Region of Durham wants a signed agreement that is beneficial to the Region and to hopefully influence Regional Councillors who are undecided on their vote. Ms. Meydam expressed concern that there is not much in the agreement and feels certain there is nothing worth trading for substantial health and environmental risks. She noted Clarington was promised "the best of the best" in monitoring and that ambient air monitoring in the vicinity for three years only is not sufficient. She questions why the Region is backtracking on its commitment to a 70% waste diversion rate by 2010. She stated Chairman Anderson advised that Clarington would see significant financial gains but that she sees nothing in the Agreement but significant risks to residents. Ms. Meydam advised that Councillors were elected to protect Clarington residents and feels the most important way to ensure this is to retain the "Unwilling Host" community status. She stated public opinion is an important part of the process and feels the Province may enforce more stringent regulations if they are aware the community has serious concerns with the project. She also questioned why Regional Council is scheduled to vote on the proposal in June when they will have only received important information one week in advance and that Clarington peer reviews are not complete. Ms. Meydam expressed concern that residents have continually asked for the project to be delayed, but have been advised that the process must be allowed to continue without answers. She questioned whether Regional Council will proceed if the question of whether the facility is safe is not answered by Dr. Kyle or will the issue be referred to the Province to make the decision. Ms. Meydam feels that nothing has changed over the last year to warrant a change to the "Unwilling Host" position. Council Meeting Minutes - 4 - May 15, 2009 Dr. Ronald Stead addressed Council concerning Staff Report #1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation stating his comments on the project would focus on economics only. Dr. Stead advised he recently travelled to the Netherlands and personally witnessed an incinerator located right next to the roadway and that residents had no concerns with the location or with the incinerator. Dr. Stead feels that declaring the Municipality a "Willing Host" is preparing Clarington to negotiate a facility that is safe. He feels that Clarington has the opportunity to develop a business environment that will create local jobs and meet the requirements of the Province's "Places to Grow' legislation. Dr. Stead stated that the municipality requires the cooperation of the Region to provide much-needed serviced lands to attract businesses. He advised he has received many inquiries from developers interested in building on "shovel-ready" land and that serviced land will improve the economy in Clarington. Tia Woodcroft addressed Council concerning Staff Report #1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation stating she has only become involved in this issue recently and was under the impression that it was a done deal. She expressed concern with the Council proceedings at the Council meeting of May 11, 2009, where the Addendum to Report CAO-002-09 was not provided to the public or Members of Council in advance of the meeting and feels that political games and closed-meeting discussions are not appropriate. She advised she disagrees that Clarington received a good deal and questioned whether Council is willing to accept short-term gain far long-term health and financial risks. She strongly urged Council to vote against this motion and to involve the public to see if they are willing to accept increased sickness, loss of property values and businesses relocating out of the municipality in exchange for the incinerator. Ms. Woodcroft urged Council to listen to the voices of the ratepayers. Tia Woodcroft addressed Council regarding Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 applauding Local Councillors and urging them to stand firm in their positions. Ms. Woodcroft stated some politicians feel that being either a "Willing Host" or an "Unwilling Host" to the incinerator does not matter; however, she feels that it is significant or this meeting would not be taking place today. Ms. Woodcroft feels that if Clarington becomes a "Willing Host" it will indicate that the community supports the incinerator. She expressed concern with the lack of public consultation and communication of information and was troubled by the fact that at meetings, the public is not permitted to ask if the facility is safe or affordable. Ms. Woodcroft urged Council to remain an "Unwilling Host" and to take more time to explore a zero waste alternative and say no to accepting a landfill in the sky. Nancy Barnes advised advised prior to the meeting that she would not be addressing Council. Council Meeting Minutes - 5 - May 15, 2009 Jim Richards addressed Council concerning Staff Report #1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 stating the community expects true leadership and feels that the Municipality of Clarington was targeted to receive the incinerator because of weak leadership. Mr. Richards feels that Mayor Abernethy has not lived up to his campaign promise of an open and transparent process and an undivided Council and feels that he has eroded the public's trust, and that the three Regional Councillors have been derelict in their duties. Councillor Novak rose on a Point of Order requesting Mr. Richards to cease making derogatory comments about Members of Council. Mayor Abernethy ruled in favour of Councillor Novak's Point of Order. Mr. Richards feels that it is time for Mayor Abernethy and Regional Councillors to stand up to Chairman Roger Anderson on behalf of the Municipality when he indicates that the incinerator will proceed. Mr. Richards feels that as the Consultants are in the business of selling incinerators, they will not prove it to be unsafe. He also feels that the Chief Administrative Officer's Report fell short as there was nothing in the agreement for the public's benefit and that Mayor Abernethy should tender his resignation. Mr. Richards urged Council to stay the course and remain an "Unwilling Host" community. Sheila Hall, Clarington Board of Trade addressed Council concerning Staff Report #1 - Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation. Ms. Hall stated the Board of Trade is proud to execute the role of economic development and continues its efforts to stress the importance of serviced lands. She noted the Board is encouraged to see negotiations have included the construction of Energy Drive and storm water management facility to serve the Energy Park and the commencement of the Environmental Assessment for servicing the science park. She noted the Board was speaking only on the impact of these initiatives on Clarington and not on any other components in the staff Report. Ms. Hall stated these initiatives are long overdue, they should be activated and timelines identified. Donna Barnard addressed Council concerning Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 urging Council to stand firm in their commitment to being an "Unwilling Host" community to the proposed incinerator. She stated historically, facts are just current theory or thoughts of the day noting things built in the 1970's thought to be safe are no longer safe and it would be arrogant to say that this incinerator is safe now. Ms. Barnard expressed concern that jobs created will be temporary and not long-term. She feels that one of the reasons that the proposal is being rushed through is because of the lack of citizens coming out to speak against it. Council Meeting Minutes - 6 - May 15, 2009 Ms. Barnard indicated she recently conducted an informal poll of the homes on her street and found that of the homes responding, the majority of residents were against incineration, one resident was undecided and one resident stated it should be given a chance. She urged Council to maintain the "Unwilling Host" position at this time as ratepayers have not had an opportunity to vote and have their say either for or against, and that some residents were under the impression that the project had been cancelled. Ms. Barnard feels the project has become more about finances than safety and that time and funding should focus on finding alternatives. She feels that if the project is pushed through there must be clauses in the agreement to allow the incinerator to be shut down when it is proven to be unsafe. Dave Renaud addressed Council regarding Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08. Mr. Renaud advised he is a Courtice resident and President of the CAW Durham Region Environmental Council representing 33,000 delegates and urged Council to maintain their "Unwilling Host" status. Mr. Renaud confirmed that the CAW does not accept jobs at any cost; that the incinerator will impact both human and ecological health; and, that the Canadian Labour Congress is on record as being opposed to burning waste. Mr. Renaud stated he has spoken to hundreds of people who do not really understand the issue who think incineration in Europe is fine, but that once they are aware of alternatives they are turning the tide on incineration. Mr. Renaud read a letter from Regional Councillor Brian Nicholson who indicated that the Terms of the Host Community Agreement are not to be considered enticements and that the Municipality is free to retain its "Unwilling Host" status. The terms of the Host Community Agreement are to compensate the municipality where the incinerator is sited and are not to be construed as a reward. According to Councillor Nicholson's letter, the Municipality of Clarington has many supporters at the Region; that a growing number of Regional Councillors have grave concerns with the project, and, that it does not make sense to give up the "Unwilling Host" status. Helen Bajorek MacDonald addressed Council regarding Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 urging Council to maintain its "Unwilling Host" position as the question has not been put to a democratic vote through a referendum, and the need for a baseline health study has not been addressed. Ms. Bajorek MacDonald feels a referendum would relieve members of Council from shouldering full responsibility for the outcome of the proposal as well as afford the community the opportunity to be fully engaged in a critical community democratic decision-making process. Ms. Bajorek MacDonald feels that baseline health studies are critical as they document data related to human health before the fact so that any potential future impact can be measured against established data, noting without baseline health data, regulatory monitoring has no real bearing on potential human health impacts and only identifies problems with a facility and sets in motion corrections to the problem. Ms. Bajorek MacDonald expressed concern that maps provided in the process do not show Darlington Nuclear Plant, St. Marys Cement Plant and other area industry to ensure potential synergistic and cumulative impacts on human and environmental health have been factored into the equation. Council Meeting Minutes - 7 - May 15, 2009 Ms. Bajorek MacDonald feels that Clarington cannot be a "1Nilling Host" until the question is put to the community and that a hurried process misses key components such as the need to conduct baseline studies. Ms. Bajorek MacDonald stated the question of an incinerator is a complex social, economic and environmental issue requiring careful thought and should not be rushed until all questions, collection of data, open public dialogue and a referendum have taken place. Wendy Bracken addressed Council regarding Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 urging all Members of Council not to sign a Host Community Agreement today. Ms. Bracken feels that Durham Region has not be acting in good faith and that last minute deals, staff negotiating without Council or public involvement is unacceptable. She questioned how Durham Region could hold a Public Information Night and not have representatives in attendance that could answer questions on public health or present a report on health issues. Ms. Bracken stated the signing of a "Host Community' agreement is not part of the Environmental Assessment process and that it is the Region of Durham who is pressing the need for Clarington to surrender their "Unwilling Host" status as it will influence any future appeals should the project proceed. Ms. Bracken feels that an incinerator will only attract other dirty industry and that Council must protect Clarington's reputation, housing values, tourism and businesses and set the calibre for the type of businesses they want to protect. Ms. Bracken stated the quality and quantity of monitoring is not adequate and urged Members of Council to stand up for Clarington as informed citizens of the community, young families, and physicians stand behind Council and will remember those who did the research, listened to the scientific evidence and put the community first. Ms. Bracken cautioned Council that if they vote to rescind Clarington's "Unwilling Host" status, the electorate will hold them accountable. Barry Bracken addressed Council regarding Staff Report # 1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 urging Council not to endorse the Agreement. Mr. Bracken feels that a price cannot be put on human health and wellbeing of the environment and that the terms of the agreement negotiated for Clarington are pitiful. Mr. Bracken stated his reasons for retaining the "Unwilling Host" status remain the same as previously stated at numerous meetings over the last 2 '/z years, and that he cannot understand why Clarington would surrender their "Unwilling Host" status. Mr. Bracken thanked local Councillors in advance hoping they remain steadfast in putting citizens of Clarington and all of Canada's health and environment first. Anne Maxwell addressed Council regarding Staff Report #1 -Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution #C-032-08 questioning what has happened to integrity in view of the dubious proceedings that took place at the May 11, 2009, Council meeting with respect to the Addendum to Report CAO-002-09. Council Meeting Minutes - 8 - May 15, 2009 Ms. Maxwell feels that accepting this deal is selling out Clarington and the whole of Durham Region. She stated that accepting waste from the City of Toronto is outside of the incinerator process and that if garbage is imported from the GTA, a new Environmental Assessment must be commenced. Ms. Maxwell urged Clarington's local Councillors to stand firm in their position as an "Unwilling Host" Community as the public will support their decision and noted the municipality is not required by law to change their status even when directed by the Region of Durham. Nadia McLean-Gagnon addressed Council earlier in the meeting. Resolution #C-303-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 11:19 a.m. Resolution #C-304-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Rules of Procedure be suspended and that the order of the Agenda be altered to consider Mayor Abernethy's Notice of Motion concerning the rescinding of Resolution #C-032-08 at this time. "CARRIED" Councillor Novak assumed the Chair. BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-305-09 Moved by Mayor Abernethy, seconded by Councillor Trim THAT, conditional upon Council approving Report CAO-002-09 as amended by Addendum to Report CAO-002-09 and the Regional Municipality of Durham and the Municipality of Clarington executing a Host Community Agreement to implement the intent of the Report and Addendum, the following Resolution #C-032-08 passed by Council on January 28, 2008 be rescinded: Council Meeting Minutes - 9 - May 15, 2009 "WHEREAS the Municipality of Clarington has requested that the Regions of Durham and York take forward two geographically distinct sites for analysis in the final stages of the EA on residual waste due to a garbage incinerator's impact on Clarington's air shed; the lack of site specific health studies and a lack of details regarding the technology; WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and Social Services Committee have raised similar concerns with the site selection process; WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of Environmental Values indicates that the Minister should take a precautionary approach especially where there is some uncertainty about the risk presented by particular pollutants; WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice for a garbage incinerator without knowing the technology or the specific health effects; WHEREAS the Region has not given due consideration to the concerns presented by the potential host community; WHEREAS the EA process is to find the best site for the incinerator and insufficient information has been provided to date to determine that the Courtice site is the best site; THEREFORE BE IT RESOLVED the Municipality of Clarington is an unwilling host to the proposed Durham/York garbage incinerator and that a copy of this motion be forwarded to the Region of Durham and the Region of York and their constituent local municipalities, the Durham York Joint Waste Management Committee, the Ministry of the Environment and John O'Toole, MPP." "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Petunia Interest Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth Mayor Abernethy resumed the Chair. Council Meeting Minutes - 10 - May 15, 2009 STAFF REPORT(S) Addendum to Report CAO-002-09 -Status of Energy-From-Waste Host Community Agreement Negotiation Resolution #C-306-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Resolution #C-294-09 be lifted from the table. "CARRIED" The Chief Administrative Officer provided further information with respect to the offer from Region of Durham and the financial benefits to the Municipality of Clarington. Resolution #C-307-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Addendum to Report CAO-002-09 be received; THAT Council approve the Host Community Agreement negotiated by the Clarington and the Region CAO's as identified in Report CAO-002-09 and in the Addendum to Report CAO-002-09; THAT Council urge Regional Council to endorse same and direct Regional staff to finalize the Host Community Agreement; THAT the Mayor and Clerk be authorized to execute the Host Community Agreement subject to its final review by the Clarington Solicitor. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecunia Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth Council Meeting Minutes - 11 - May 15, 2009 BY-LAWS Resolution #C-308-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2009-061 2009-061 Being a by-law to authorize the Mayor and Municipal Clerk to execute a Host Community Agreement with the Regional Municipality of Durham regarding an Energy-From-Waste Facility; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-309-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2009-062, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 15~' day of May, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-310-09 Moved by Councillor Robinson, seconded by Novak THAT the meeting adjourn at 12:08 p.m. "CARRIED" MAYOR MUNICIPAL CLERK Draft minutes -Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY MAY 12, 2009 ON SITE Present: David Best Arthur Burrows (Voting) Jim Cleland Shirley Minifie Karin Murphy Greg Wells (GRCA) Brian Reid Also Present: Peter Windolf Dianne Graham (Non-Voting) Regrets: John Stoner Kerry Meydam Joe McKenna Councillor Willie Woo Dan Stanoi Absent: Warren May (MNR) 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by Shirley Minifie, seconded by David Best THAT the agenda for April 14, 2009 be accepted. CARRIED 2. Minutes of Apri114, 2009 Corrections Updates: DFN Songbird Presentation - PQ #3 -Delete "habitant" and add "habitat" in last sentence Other Business: Pitch In Day - Pg #4 -Add "Jim" to the list of volunteers OPG: Green Grants - Pg # 4 -Delete the words "ask talk" Approval of Minutes MOVED by Brian Reid, seconded by Arthur Burrows THAT the minutes of February, 2009 be approved. CARRIED 3. Issues arising from the Minutes Jim and Arthur informed the committee that they did not receive the Apri12009 minutes in the mail. 4. Sub-Committee Reports Brush Cleanup The Operations Department has picked up most of the brush pile dumped in the corner of the Toronto Streetparking lot but a smaller pile still remains. Operations will be asked to pick up the remaining brush. Sign -Toronto Street Parking Lot The committee discussed the relocation of the SWNA entrance sign at the Toronto Street parking lot. Toronto Street has been realigned and the sign is no longer visible from the road. A means and budget to relocate the sign will be investigated further by Municipal Staff. 5. Updates Indian River Reptile Zoo Presentation June 6. 10.OOAM The scheduled date for the Indian River Reptile Zoo Presentation is June 6th @ 10:00am at the Toronto Street parking lot. Arrangements will be made to have the Clarington tent available in case of rain. If rain is in the forecast Committee members will be contacted to assist with erecting the tent at 9:OOAM. Notices of the event have been posted at various locations around the Samuel Wilmot Nature Area; posters have been mailed out from the SWNA mailing list, distributed to the Community Services Facilities and Libraries. A few picnic tables will be requested from Operations for the Toronto Street Parking lot. PowerPoint Presentations - Apri127~' & May 12`h, 2009 Brian presented the S WNA PowerPoint presentation at the April 27`h meeting of the Durham Field Naturalists. It was a very productive presentation. Approximately 40 - 50 people attended and several members of the DFN expressed an interest in visiting the site. John Foster a member of the DFN was subsequently given a tour of the SWNA by Brain and Karin. He identified many different birds and amphibians by their call; he also identified types of vegetation. He will be visiting again to compile a list of birds and amphibians observed or heard at the S WNA. A copy of that list will be forwarded to the committee when completed. Brian will ask John to present his findings at a future SWNA meeting. Karin and Shirley presented the SWNA PowerPoint Presentation for the Wilmot Community Auxiliary Committee on Tuesday May 12`h, 2009. Approximately 40 people attended. While many residents use the SWNA regularly others were surprised by the things the SWNA has to offer. Some commented on the need for a portable washroom. SWNA Brochure The committee discussed the need for an SWNA brochure that would provide users with information and maps. This has been discussed previously with the Communications sub- committee. Now Yhat the PowerPoint presentation has been completed some of that content could be used in a brochure: The issue will be discussed further at the June meeting. GRCA Clean Water/Healthy Land -2009 Grant Application The Municipality will submit a grant application to the GRCA for 2009 planting projects. It will be investigated to determine if production costs for an SWNA brochure would be eligible under this program. MNR Rangers -tentative schedule The MNR Rangers will be working at the SWNA for two days in the summer. Their schedule was discussed and it was determined that the Rangers should come to the site on a Thursday and Friday rather than earlier in the week. Their schedule will be firmed up by the June meeting. 2009 projects will include; • Improving the woodland trail by adding woodchips and building a retaining edge at some locations. 6. Other Business/Next Meeting DEAC- Awards Retention May 14 The SWNA has been nominated for the Irene Kock-Education/Communication Award. The awards reception will be held on May 14`h @ 6:30PM at the Regional Headquarters. Jim and Karin will attend the event. Review soil conditions for June 6 plantin~proiect The committee members took a walk along the trail behind the Water Treatment Plant to check out the soil conditions for the planting project. The soil was easily workable and 20 shrubs will be ordered for planting at the June 6`h SWNA event. Adjournment: 7:30 P.M. Next Meeting: Tuesday June 9, 2009 7:00 p.m. Meeting Room lA Notes prepared by D. Graham CLARINGTON HERITAGE COMMITTEE Minutes of Meeting No. 4 April 21 , 2009 MEMBERS PRESENT: Karina Isert Karin Murphy Paul Allore Victor Suppan James Rook Councillor Novak Duane Cook REGRETS: Leslie Wilson David Reesor And GUEST SPEAKER: Martha Rutherford-Conrad PLANNING STAFF: iiy;"` Isabel Little Faye Langmaid ~~ "`W Annette \(2n Dyk =~::: _... .~iliiii~:~. ..._.:.. PRESENTATION ON CAMP 30 Martha Rutherford-Conrad gave a press property from a municipal, provincial, arti speak had been sent to the interested pari to the site and nineteen p "' #tended ,illy!.:. group was discussed rn,{,~~tenc~ and parties and convening i° eeting , ; on the significance of the nvitations to hear Martha e Municipality in regards concept of a "friends of" contacting the interested MOTION 0~~{t~j~~`~ ~a~,~i~Moved~ "" '~~mes Rook, ~!~t~nded by Duane Cook ;lid ~ ~h~`tar~j~~tes f~,,Feb 17, 2009 and March 17, 2009 be accepted. "CARRIED" N 407 Review: The 407 sub-commiffi'fst on March 11 and reviewed the updated Impact Assessment Tables: Identified Cultu~a'I Heritage Resources provided by Richard Unterman. The Tables impact column contained two categories, "displacement" and "disruption" with a brief description of the affect on the property. Proposed mitigation options were indicated in a separate column. The sub-committee identified 27 built heritage properties that have been recorded in the inventory of heritage buildings. The following comments were provided to staff in regards to these properties: The 407 project team indicated that an Impact Assessment report will document the mitigation and/or compensation techniques to be employed in order to reduce impact on heritage resources. The Tables do not include any information on the compensation techniques and do not indicate if the property owners have been contacted in regards to the proposed mitigation options. The CHC would like this information to be provided. The notes attached to the Tables state that "a Cultural Heritage Evaluation Report (CHER) is recommended in those situations where farm complexes and individual structures will be displaced". The CHC has suggested that the CHER include floorplans of the building, the footprint of the building on, the lot, an interior and exterior photographic record of the building, and a photog~ic record of the vista. The Tables indicate that following built .displacement: 1909 Bloor Street (H116) 5415 Solina Road (H157) 5531 Bethesda Road (H43) 5681 Acres Road (H111) 7500 Highway 115 (H754) 5658 Bethesda Road (H68) 4825 Rundle Road (H743) 2064 Taunton Road (H747) The first two buildings on this next four are recor~~ Pri heritage resou~ *'4"mil ~~` structures b~;~ated suggested =f a photo construction ri;~ertain inS The in The fol rces are identified for list ~~g desi~xt~t~fl,gndere Ontario Heritage Act, the mary 1'nta~~~eso~'' grid the last two as Secondary have ~sted thahe majority of the displaced s for troperties that will be disrupted, they have ~phic rec. _ be completed prior to the Highway's i they noted that a CHER is not required. ~ the°'s'i~i"tii~icance of the buildings to be displaced and ties that are not designated on the Municipal Register of Transportation that these buildings should not be is passed: Duane Cook, Seconded by Karin Murphy stage properties that are identified for displacement but are not added to the Municipal Register of Properties of Cultural or Interest. "CARRIED" 19'/z-23 and 33 King Street West: These two properties have been added to the Municipal Register as non-designated heritage resources. 2 CORRESPONDENCE: PJ Materials Consultants Limited Technical Conference May 5-7 FINANCIAL REPORT: March 17 Opening Balance March 17 Interest Feb. 3 Deposit Feb. 25 Closing Balance Feb. 27 Interest March 2 Cheque March 25 Closing Balance $5898.70 $.25 $120.00 $6995.00 Moved by Karina Isert, s THAT the financial SUBCOMMITTEE REPORTS: 407 Committee ~ entry wiiX~J'Sid Ruthertord Trail has some damage, determination of how to proceed is being sorted out. ie~'°' " side is slated for replacement this summer, there is ins ci~i~~for the installation of the same decorative poles as Street. Discussions with the Post Office on the replacement to that on Main Street continue. Newcastle CIP parking issues were and consultation April 30 is the next meeting PROJECT REPORTS: Inventory Update David and Karin have finished Hampton and Enniskillen and are continuing to work through Darlington Township. NEW BUSINESS: Application for Rezoninp -Newcastle IGA The Committee reviewed an application for rezoning to Newcastle Village. There is an addition proposed ~d.. sufficient parking currently on site to accommoda proposes that the 2 cement block houses on Leer Merit buildings in the cultural heritage resour~i~'rnven parking area expansion. The consultant for the"'~a~plica not been secured for the buildings. ~IICi!!;;;,, MOTION 09.09 Moved by Paul A~1~kj ,,, THAT the Heritage CommittePiiii proposed parking lot expansion a changes to the st~~~"~„ and a D" ~ahd tf~ ~~rking lot of the IGA in ~~ti~ superm~at~ however, there is `addition Th`~'~ oning application Street, which ari=~ d as Heritage tory, ~~ moved to acmodate the nth ~' ~`tated that a ne+~i~ .location has Cook law amendment for the ig, there will be negative buildings. MOTION 09,x, Mo:Ctdaul AMfar~ ,fios~cJed by James Rook the twa itag''e=grit buildings located at 63 Beaver Street and 49 Beaver Newcas~~ie a ,=to the Municipal Registry. "CARRIED" The Municipality o~l.ton has purchased this property. The site, which once contained the Tooleys Mill, will E~''the trail head for the Farewell Creek valleylands. Information on the property has been gathered from the Caarington Museum and Archives and will be forwarded to the Committee members for consideration in evaluating the historical significance of the site. An interior tour of the house after closing will help in determining the building's architectural significance. 4 Heritage Community Recognition Program Presentation The 2009 recipient will be invited to the May meeting and the Heritage Committee will present the certificate of achievement. Moved by Paul Allore THAT the meeting be adjourned Next Meeting May 19 , 200 ~p Meeting Room 1GO pm r~ Leadiag tke Way Not vet Approved by Committee Members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday Apri116, 2009 PRESENT: (Chair) Gord Lee (Vice-Chair) Clayton Morgan Elwood Ward Kerry Meydam Lisa Robinson Councillor Adrian Foster Gillian Bellefontaine Alan Bayliss David Reesor John Slater ALSO PRESENT: Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Esther Rathwell, Stuart McAllister, Road Safety Co-ordinator, Durham Region REGRETS: Sandy Lyall, Tony Cannella, Director of Engineering Services ABSENT: Georg Krohn GUESTS: Len Creamer, Sr. Municipal Law Enforcement Officer, Alison Albrecht, Parking Enforcement Officer Gord Lee introduced new member Alan Bayliss to the committee and welcomed guests from the municipal By-Law office, Len Creamer and Alison Albrecht. 1.0 ADOPTION OFMINUTES-(March 19,2009) There was one correction to the minutes: Gilliam Bellefontaine was not present at the March 19~h 2009 meeting. The following motion was proposed: THAT: "The minutes of the March 19, 2009 meeting are approved with no further changes." MOVED: by Elwood Ward; SECONDED by Clayton Morgan CARRIED 4 }~ .e ~F 2.0 ITEMS FOR INFORMATION 2.1 Road Watch-(Gord Lee) Reports Received & Processed from DRPS-(Constable Esther Rathwell) A meeting was held on April 1, 2009 that brought together Durham Regional Police Services, Clarington Traffic Watch, Road Watch and Clarington Staff. In attendance were Inspector Green, Sergeant Karen Maloney and P.C. Esther Rathwell from the DRPS. Leslie Benson and Ron Baker represented the Municipality of Clarington and Gord Lee from The Clarington Road Watch Program. It was confirmed that the Traffic Watch Program is a municipal staff program covering the Municipality's Traffic Watch contractor's radar reports, while the Clarington Road Watch Program monitors citizen complaints. The number of speeding offenders from the radar reports are in the range of 1,000-2,000 per year which is too great a number for one officer to process. A positive change took place which will separate the municipal Traffic Watch Radar Program from the Clarington Road Watch Program. From this point on, DRPS division office staff will process all radar offences letters and report back to the Municipality. The Clarington Road Watch Program will carry on separately, processing the citizen's reports, with the assistance of P.C. Rathwell. This will eliminate considerable office work away from P.C. Rathwell and keep both programs on track. Road Watch's plan is to move forward and attempt to make more people aware of their program. Gord Lee supplied complaint forms as handouts to all the School Crossing Guards in the municipality and next week they are circulating to the NewcastleBond Head Rate Payers meeting. Ron Baker spoke with our contractor who will be starting the Traffic Watch program in June of this year. Dave Reesor has donated his time and the cost of installing a light inside the Road Watch drop boxes so that staff at the outlets can check to see if there are any reports inside the box. This will eliminate needless volunteer travel in the event that there are no reports to pick up. Gord Lee will arrange for a letter of thanks to be sent to Dave for this cost saving contribution. 2.2 Highway 407 Update-(Leslie Benson) The Planning and Engineering departments updated Council through a lengthy report presented at the General Purpose and Administrative Meeting on March 30, 2009. Leslie gave a brief overview of the highlights in the report. This report is available on-line or Leslie can send a copy to those interested in reading the c, s .. details of the report contents. Council endorsed the report with the addition that MTO revise a traffic study to reflect the tolled route. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Road Watch Box-Missing from Canadian Tire-(Gord Lee) Gord Lee hopes to meet with the manager of Canadian Tire to have a new Road Watch box installed in the automotive department and let him know that their logo is on the Road Watch brochure. 3.2 Parking at Dr. G. J. MacGillivray Public School-(Leslie Benson) Len Creamer reviewed with members what took place when a resident was ticketed for stopping in a No Stopping zone outside of Dr. G. J. MacGillivray Public School. Councilor Foster previously attended a pazent's council meeting and there was a request to add No Parking and No Stopping signs. The school wants the "No Parking" zones enforced. Alison Albrecht from By-Law presented members a graph she constructed showing the number of warnings issued by By-law since Januazy first of this year at each area school. 3.3 Parking on Parkway Crescent-(Constable Esther Rathwell & Leslie Benson) Clayton Morgan spoke of the problem that has existed on this street as a result of the pazking at the Church on Sundays as well as the daily issue with the 17 school busses that line the street. He also mentioned that there is a Bingo that is held on Thursday evenings. There are signs that indicate No Parking on both sides of Parkway Crescent but there is a great deal ofnon-compliance. Clayton passed around photos of the past Sunday which showed the amount of vehicles that park on the street. Len Creamer advised that By-Law has visited this street however; his staff generally works Monday through Friday from 8:30 a.m. to 4:30 p.m. Alison Albrecht commented that she and other staff members do work from 3:00-5:00 a.m. regularly. She stated that when the public experiences a violation she advises residents to contact Durham Region Police Services. By-law staff has been very involved with DRPS by attending special educational events. Len and Constable Rathwell have both spoken personally to the priest and secretazy at the church and they aze aware of this situation. She advised that residents who live on the street should to take license plate numbers down and report them to the Road Watch Program. DRPS can also be called to have an officer out to issue tickets on the days when there are cars lined on both sides of the street. Kerry Meydam has prepared the bulletins for the church previously and will check to see if they indicated the parking problem issue and will bring her findings to the next meeting. Len suggested that Memorial Park parking lot could be utilized for parishioners on Sundays. Constable Rathwell ended by suggesting that the Director of Engineering Services write a letter in regards to the parking issue to Sergeant Maloney at the DRPS. 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Centerview Street/Illegal Parking-Orono Stuart McAllister advised that he let the Region's Constnrction/Transportation Manager know that there are issues pertaining to the area where vehicles are illegally parking in front of the convenience store. Constable Rathwell advised that she will visit this location. She urged residents to take licence plate numbers down and utilize the Road Watch Program. Gord Lee would like to place a Road Watch box in the local restaurant. John Slater and Gord Lee will meet with the restaurant owner to see if this is possible. Due to an email from Gord Robinson, Alison Albrecht has opened a file for this location and let members know that tickets are issued at this location. 4.2 Pedestrian Fatality-Liberty St.-Bowmanville Stuart McAllister advised that a file has been opened regarding the incident where a 25 year old man lost his life afrer he was involved in a motor vehicle accident on Liberty Street in Bowmanville. 4.3 Holt Rd.-Bowmanville David Reesor advised that when making aright-hand turn on the Holt Road loop there are two signs which could be confusing. Stu will review and advise MTO of any issue. 4.4 Bloor St. & Meadowglade Rd.-Courtice Stuart McAllister and Councillor Foster will discuss this intersection for pedestrian safety. 4.5 Speed Limit Signs Lisa Robinson commented that she has had feedback from residents who are still not aware of speed limit signs being installed in Clarington. s = `~1 ~~c~x - 4.6 Entrance Signs-Region of Durham Ron Baker let members know that the Region of Durham has been installing large entrance signs (21 signs on the main Regional roads). 4.7 Ctarington Farmer's Market The Clarington Farmer's Market opens on May 24`h and vendors are concerned that traffic will be redirected when Mill Street is reconstructed. Stuart McAllister confirmed that signs aze already being made to redirect traffic. He will reseazch what else can be done and report to the committee next meeting. Staff is working with the Region to ensure a satisfactory detour route. 5.0 NEXT MEETING DATE- May 21, 2009-7:00 P.M. Committee Room 1C-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Elwood Ward THAT: "The meeting be adjourned at 8:45 p.m." SUMMARY OF CORRESPONDENCE JUNE 1, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 12, 2009. (Copy attached) I - 2 Minutes of the Clarington Heritage Committee dated April 21, 2009. (Copy attached) I - 3 Minutes of the Clarington Traffic Management Advisory Committee dated April 16, 2009. (Copy attached) I - 4 Scott Lewis, Communications Manager, Canada Post Corporation, advising as part of Canada Post's ongoing commitment to ensure the safety of employees, customers and the general public, Canada Post representatives will be conducting traffic safety assessments on rural mail delivery routes in Bowmanville; indicating that customers on these delivery routes will be informed prior to the assessment and will be notified of the results; and, acknowledging that it is Canada Post's intention to maintain delivery to these rural mailboxes whenever possible and will only modify customer delivery modes as a last resort. I - 5 Association of Municipalities of Ontario (AMO) Member Communication dated May 5, 2009, advising that AMO has established a task force to foster local economic development opportunities in light of significant challenges facing Ontario's communities, workers and families, especially those communities with automotive, manufacturing and resource industries. The task force is designed to encourage collaboration and information-sharing with other orders of government and stakeholders at a provincial level and is comprised of a mix of four key groups -elected and non-elected municipal officials; the federal and provincial governments; staff devoted to economic development; and, business associations. Further information regarding the task force can be obtained by contacting Matthew Wilson, AMO Senior Policy Advisor at mwilson(a~amo.on.ca. Summary of Correspondence - 2 - JUNE 1, 2009 I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility due to health risks, increased pollution, lack of adequate monitoring and safety precautions; expressing concern with Council's decision to declare Clarington a "Willing Host" community to the proposed incinerator; requesting Council to think of the health of future generations; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) The Scott Family b) John Oates c) Pat Irwin Lycett d) Jeannie Carter e) Joe and Nancy Dalrymple f) Steve Kay g) Jo-anna Shaw h) Freya Hart I - 7 The Honourable John Baird, P.C., M.P., Canada's Minister of Transport, Infrastructure and Communities, and The Honourable George Smitherman, M.P.P., Ontario's Deputy Premier and Minister of Energy and Infrastructure, advising that over 2700 project applications have been received from 425 separate municipalities for funding under the national $4-billion Infrastructure Stimulus Fund; advising that successful proponents will be notified as soon as possible; and, indicating that in addition to the new Stimulus Fund, the governments are also assessing applications received through the second intake of the Communities Component of Building Canada for projects that can be started and completed by March 31, 2011, with results of the second intake being announced soon. Both the Federal and Provincial governments are committed to making significant investments to help communities weather the economic storm, create jobs and inject money into the economy. Summary of Correspondence - 3 - JUNE 1, 2009 I - 8 Roger Hanmer, MBA, P.Eng., Regional Director, Ministry of Transportation, responding to Council's request for clarification regarding construction scope and timing for the 407 East Extension; indicating the Ministry is currently in the final phase of the 407 East Environmental Assessment (EA) process and is planning to submit the EA documentation to the Federal and Provincial agencies in July, 2009; advising as part of the Federal/Provincial transit announcement of March 6, 2007, the 407 East project was identified for completion by 2013, subject to environmental approvals and permits and acquisition of necessary properties; and, advising that the Ministry is pursuing all available opportunities to aggressively accelerate the overall schedule for completing construction without compromising the Provincial and Federal EA Acts and approved Terms of Reference for the study, and has commenced planning for the implementation phase of the project, subject to necessary environmental approvals. I - 9 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing Site Specific Reports which will form part of the Environmental Assessment for the proposed Energy-From-Waste facility: Acoustic Assessment; Traffic Assessment; Visual Assessment; Economic Assessment; Social Assessment; Surface Water and Groundwater Assessment; and Energy Assessment; indicating the Site Specific Human Health and Ecological Risk Assessment (SSHHERA) will be available for public release on May 15, 2009; and, outlining the established schedule for release of Environmental Assessment documentation as follows: May 25 -Draft Environmental Assessment, June 12 -Final Draft Environmental Assessment; and June 19 -Final Environmental Assessment. I - 10 Association of Municipalities of Ontario (AMO) Member Communication dated May 12, 2009, advising that the Province has allocated $18 million for 2010-2011 to support Ontario's municipalities and families as a temporary measure to address the termination of $63.5 million federal funding provided to provinces under the Early Learning and Child Care Agreements; indicating that the Province's decision to bridge the funding gap in 2010 will help Ontario's municipalities and commercial and residential property tax payers fill the funding gap; and, confirming that AMO will continue to convince the Federal government to fulfill its commitment and to continue to invest in the nation's future and prosperity and that AMO will be working with the Ontario Municipal Social Services Association to determine the full impact of the loss. of funding in communities across Ontario. Summary of Correspondence - 4 - JUNE 1, 2009 I - 11 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing the Site Specific Human Health. and Ecological Risk Assessment (SSHHERA) and the Air Quality Assessment, indicating the CD does not include Appendix H to the SSHHERA and will be included on the Project Study website and that a separate CD containing appendix H will be distributed next week; and, advising of the following schedule for the release of the Environmental Assessment documentation: Tuesday, May 26 -Draft Environmental Assessment; Friday, June 12 -Draft Final Environmental Assessment and Friday, June 19 -Final Environmental Assessment. I - 12 Susan DaCosta, Secretary, Orono Town Hall Board of Management, expressing appreciation to Council for funding received in the amount of $3,250 under the Municipal Grant Program and thanking Mayor Abernethy for the donation of Clarington Items for the 7~' Annual Spaghetti Dinner/Silent Auction which raised approximately $8,000 for operations and improvements to the Orono Town Hall. I - 13 Margot Beverley, Stewardship Ontario, extending an invitation to the Spring 2009 Ontario Recycler Workshop (ORW) to be held on June 11, 2009, in Kingston, hosted by the Continuous Improvement Fund (CIF). The workshop will feature recycling program updates province-wide and will provide essential information for municipal recycling and solid waste staff, municipal Councillors with interest in recycling and solid waste issues, consultants and other Blue Box program stakeholders. Further information is available at www.wdo.ca/cif. I - 14 Ken Nash, President, Nuclear Waste Management Organization, forwarding a copy of the Nuclear Waste Management Organization's (NWMO) Annual Report for 2008, Moving Forward Together and inviting comments on the Annual Report. I - 15 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO), forwarding the complete public package "Proposed Process for Selecting a Site",outlining NWMO's proposed process to identify a safe and secure site in an informed and willing community to host Canada's long-term management facilities for used nuclear fuel; inviting comments on whether the proposed process is appropriate. and, advising that comments will be used to refine and confirm an open, transparent, fair and inclusive process. Summary of Correspondence - 5 - JUNE 1, 2009 I - 16 Association of Municipalities of Ontario (AMO) Member Communication dated May 13, 2009, advising that AMO and the Union of Municipalities of Quebec (UMQ) signed a Memorandum of Cooperation to promote cooperation and to strengthen the influence of the combined Ontario and Quebec municipal sectors identifying key areas for collaboration, including relations with aboriginal communities, research related to tax policy and municipal services, and environmental policy including climate change and waste management. AMO and UMQ have agreed that their first joint priority is to promote a unified waste management policy framework for Ontario and Quebec. I - 17 Association of Municipalities of Ontario (AMO) Member Communication dated May 13, 2009, advising the Ministry of Energy and Infrastructure is proposing a regulation under the proposed Green Eneroy Act, 2009 that would designate the use of renewable energy installations including roof or wall mounted solar photo voltaic, roof or wall mounted solar thermal water/air, and ground source heat pump; identifying local legal barriers that exist in municipal by-laws, condominium by-laws, encumbrances on real property or agreements that would be permitted to continue to operate with respect to renewable energy installations in recognition of cultural, health, safety and environmental by-laws that should be protected; and, advising comments on the proposed regulation are to be submitted to Alan Kirschbaum, Senior Policy Advisor, Ministry of Energy and Infrastructure. I - 18 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on May 13, 2009, Regional Council adopted the following resolution pertaining to the Healthy Great Lakes, Strong Ontario Discussion Paper: "a) THAT Joint Report #2009-J-23 be received for information and forwarded to Durham area municipalities for information; b) THAT Standing Committee Correspondence #SC-2009-40 and #SC-2009-42 be received for information; and c) THAT Council correspondence #2008-275 be received for information." Summary of Correspondence - 6 - JUNE 1, 2009 I - 19 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on May 13, 2009, Regional Council adopted the following resolution pertaining to the Durham Environmental Advisory Committee (DEAC) Membership Appointment: "a) THAT Ms. Hida Manns, representing the Municipality of Cfarington, be appointed as a member of the Durham Environmental Advisory Committee (DEAC); and b) THAT a copy of Report #2009-P-33 of the Commissioner of Planning be forwarded to the Municipality of Clarington and DEAC." I - 20 Association of Municipalities of Ontario (AMO) Member Communication dated May 15, 2009, advising of the Federal Government's establishment of the $348.9 million Community Adjustment Fund as an economic diversification program to support communities affected by the global economic downturn. Applications are being accepted until June 12, 2009, from communities with populations under 250,000 and may include not-for-profit organizations, post-secondary institutions, co-operatives, first nations, municipal governments and municipally-created organizations for projects that will provide a legacy of longer-term ecological and/or economic benefit. Additional information is available at www. ic.ac.ca/caf I - 21 Association of Municipalities of Ontario (AMO) Member Communication dated May 15, 2009, advising that AMO will be raising concerns to the Minister of Community and Social Services in its response to the draft proposed Employment Standard on the ability of municipalities to meet the obligation of the Employment and other AODA standards; acknowledging that AMO supports the principle of the Employment Standard but that the Association remains concerned with the government's piecemeal approach to the standard development process which makes it extraordinarily difficult to analyze the full impact of implementing the Act; advising that AMO will be providing comment and recommendations on the lack of harmonization across standards, the impact of implementing the proposed Employment Standard and classes of obligated sector and compliance with the Employment Standard; and, advising that AMO will continue to work with the government and municipalities to ensure the implementation of the AODA is fiscally responsible and manageable and to ensure the intent and objectives of the Act are achieved by 2025. Summary of Correspondence - 7 - JUNE 1, 2009 I - 22 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation, responding to Clarington's comments regarding the Highway 407 East EA as contained in correspondence from the municipality dated April 7, 2009, and Report PSD-033-09. I - 23 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing the Draft Environmental (EA) Report for the proposed Energy-From-Waste Facility. The final draft Environmental Assessment is scheduled to be released on June 12, 2009. I - 24 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable George Smitherman, Minister of Energy & Infrastructure, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to Bill 150 The Green Enerov and Green Economy Act, 2009: "a) THAT Council endorse the comments and recommendations outlined in Joint Report #2009-J-21 which summarizes the Regional staff response to the Environmental Bill of Rights (EBR) posting of Bill 150 (EBR#010-6017) and subsequent submission on Bilf 150 to the Standing Committee on General Government including: i) the definition of a renewable energy project and the approval process should ensure that a proposed renewable project is sustainable and "green" compared to alternatives; ii) baseline studies and ongoing environmental surveillance should be adopted as a best practice where new technologies are being used; iii) the right of connection for renewable energy projects to the distribution network should be matched by upgrades to that network to support the addition of the new facilities; iv) municipal conservation plan requirements should be phased-in over three to five years, with an initial focus on areas of greatest potential savings; v) provincial investments in skills and training, such as the programs as UOIT and Durham College, are essential to support the green energy sector; Summary of Correspondence - 8 - JUNE 1, 2009 vi) the Province should take leadership in disseminating peer- reviewed energy management best practices and technologies and in providing planning templates to avoid duplication of effort by municipalities; vii) the Province should provide financial incentives and funding to support municipal energy conservation efforts, such as energy retrofits of social housing stock; viii) new energy efficiency standards for products and appliances should address the full energy footprint of the device over its lifecycle including end-of-use disposal or reuse; ix) the Province should consult municipalities for advice on the design of the streamlined renewable energy project approval process to ensure that municipal interests and land use planning considerations are incorporated into the new process; x) the streamlined approval process should require proponents to consult directly with municipalities early in the process; xi) the status and subsequent process for green energy projects already seeking approvals through the existing process should be clarified; xii) that conversion of Class 1, 2 and 3 agricultural lands to green energy uses as the major land use be discouraged; and xiii) that incentives. and funding mechanisms be implemented to assist homeowners and landlords to invest in energy retrofits, energy conservation measures and energy generation installations, and a guaranteed obligation to purchase energy generated; b) THAT Joint Report #2009-J-21 be forwarded to the Ministers of Energy and Infrastructure, the Environment, Health and Long- . Term Care, Municipal Affairs and Housing, Durham MPPs, Durham area municipalities, and the Association of Municipalities of Ontario; and c) THAT a copy of Joint Report#2009-J-2 (Durham Region Environmental Achievements Update) also be forwarded to the recipients noted in part b) for their information." Summary of Correspondence - 9 - JUNE 1, 2009 I - 25 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Bruce Passmore, Director, Outreach, Humane Society International Canada, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to the DAAC resolution on Battery Caged Egg Production: "a) THAT the following resolution of the Durham Agricultural Advisory Committee on battery cage egg production be approved: 'WHEREAS Ontario egg farmers currently provide our community with fresh locally produced Grade A eggs which travel from farm to table in 4 to 7 days; AND WHEREAS Ontario egg farmers take pride in caring for their hens while offering consumers a variety of egg choice; THEREFORE BE IT RESOLVED THAT any resolution with respect to the opposition of battery cage egg production is not supported, and Durham municipalities are cautioned in supporting or promoting specific products without adequate background and research on the matter; and BE IT FURTHER RESOLVED THAT the current procurement practice of eggs produced by Ontario egg farmers, be identified as an acceptable, locally sustainable procurement practice; and BE IF FURTHER RESOLVED that the purchase of all Ontario eggs contributes to the creation of a sustainable environment in which consumers and farmers benefit; and BE IF FURTHER RESOLVED THAT a copy of this resolution be forwarded to the local area municipalities, the Egg Farmers of Ontario, the Association of Municipalities of Ontario and the Humane Society International'; and b) THAT a copy of Report #2009-P-34 of the Commissioner of Planning be forwarded to DAAC, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the area municipalities." Summary of Correspondence - 10 - JUNE 1, 2009 I - 26 Cheryl Tennisco, Committee Clerk, Regional Municipality of Durham, writing to the Honourable Jim Bradley, Minister of Transportation, advising that on April 29 and May 13, 2009, the Durham Region Transit Executive Committee adopted the following resolutions pertaining to representation on the Metrolinx Board: "a) THAT the Durham Region Transit Executive Committee requests that the membership of the new Metrolinx Board includes representatives from all geographical areas within the Greater Toronto and Hamilton Area (GTHA), including Durham Region; and b) THAT a copy of this resolution be forwarded to the Minister of Transportation, Durham Region MPPs, Metrolinx, and the Cities of Toronto and Hamilton, the Regions of Halton, Peel and York, and the eight Durham area municipalities." CORRESPONDENCE FOR DIRECTION D - 1 Rolf A. Piro forwarding correspondence in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations and as a tribute to Canada's essential part of the war effort; and requesting the municipality to appoint a spokesperson to keep the public involved as the project moves forward. (Motion to refer correspondence to the Director of Planning Services) D - 2 The Honourable Michael Chan, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.ontario.ca/honoursandawards or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 2009. (Motion to refer correspondence to the Municipal Clerk to place a notice in the local newspapers) Summary of Correspondence - 11 - JUNE 1, 2009 D - 3 Richard Abboud, President and CEO, Forum Equity Partners Inc. and Frank Carnevale, CEO, Bridgepoint Group, advising that Forum Equity Partners Inc., together with the consulting services of the Bridgepoint Group Ltd. provide alternative finance and procurement or public private partnership (P3) solutions to help Canadian municipalities solve their infrastructure needs; indicating Forum Equity Partners Inc. would like the opportunity to demonstrate how they can assist the municipality in leveraging federal and provincial grants for municipal and community infrastructure projects, such as community arenas and recreation facilities in an efficient, cost effective structure; and, advising that they would be happy to meet with staff to provide more information about P3's and how other municipalities have benefitted from such projects. (Motion to refer correspondence to the Director of FinancelTreasurer) D - 4 Paul Slemon, Hands In Motion, Massage Therapy and Sports Injury Clinic, requesting permission to stage the 2009 Terry Fox Run on Sunday, September 13, 2009; advising the five and ten kilometer routes, and insurance and police coverage will not differ from 2008; and that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East until Lambs Road and from there until Highway #2. An application for road occupancy for special events will be submitted in June. (Motion to approve provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 5 Mark Cousins, Ontario Family Fishing Weekend Steering Committee, Ontario Federation of Anglers and Hunters, requesting July 10 to July 12, 2009 be proclaimed "Ontario Family Fishing Weekend" in conjunction with National Fishing Week. This special license-free fishing weekend includes fish festivals, clinics, or conservation and educational activities and the Steering Committee is requesting the municipality's assistance in publicizing the event. (Motion to Proclaim) Summary of Correspondence - 12 - JUNE 1, 2009 D - 6 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association, advising that the Directors of the Association have reviewed the plans for the reconstruction of Mill Street and feel that instead of doing a patchwork job, all existing sidewalks be replaced at this time. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice, requesting the closure of Stevens Road from Clarington Boulevard to Regional Road 57 from 5:00 p.m. until 10:15 p.m. on Wednesday, July 1, 2009, for the Canada Day in Clarington event. (Motion to approve provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 8 Association of Municipalities of Ontario (AMO) Member Communication dated May 11, 2009, advising of the introduction of Bill 175, The Ontario Labour Mobility Act 2009, which, if passed, will create a Labour Mobility Code intended to remove or minimize inter- provincial barriers to occupational practice for individuals and which regulatory authorities that grant certificates/licenses to individuals to carry on an occupation must comply with. The Ministry of Training, Colleges and Universities (MTCU) is requesting municipalities to respond to the question of whether the municipality requires individuals to demonstrate through completion of courses, passing an examination, practical experience or other such means that they have the skills, knowledge or experience to work in an occupation and/or use a particular title in order to be granted a municipal licence. (Motion to refer correspondence to the Director of Corporate Services and Human Resources) Summary of Correspondence - 13 - JUNE 1, 2009 D - 9 Association of Municipalities of Ontario (AMO) Member Communication dated May 19, 2009, advising that AMO is calling on all members to participate in the "Count Me In!" Community Energy Conservation Challenge, athree-month campaign launched on May 20, 2009, promoting a variety of energy conservation ideas to increase awareness and participation. Municipalities will compete for two awards -highest percentage drop in consumption on August 14 and highest per capita participation in the "Count Me In!" pledge drive. Winners will be announced at the AMO Annual Conference in Ottawa on August 19, 2009. (Motion to refer correspondence to the Chief Administrative Officer) D - 10 The Honourable Tony Clement, Minister of Industry, announcing that hockey rinks, swimming pools, multi-purpose facilities and other community sites with a recreational emphasis are eligible for financial support for renovations and upgrades under the Recreational Infrastructure Canada Program in Ontario (RING Ontario); inviting municipalities, counties, First Nations governments and community organizations with eligible projects that can be completed before March 31, 2011 to submit applications; and, advising the application form, program criteria and deadlines are available online at www.rinc-on.ca. (Motion to refer correspondence to the Director of Community Services) D - 11 Paul Holbrough, Mayor, Town of Ingersoll, advising Council that on April 14, 2009, the Town of Ingersoll passed a resolution requesting the Government of Ontario to act immediately to include Volunteer and Part-time Firefighters with the same Presumption W.S.I.B. coverage afforded to full-time firefighters; and, requesting Council to support the Town's resolution to eliminate this discrimination and provide all firefighters in the Province with the support they deserve. (Motion for Direction) D - 12 Kerri O'Kane, CMO, Deputy Clerk, Township of Centre Wellington, advising Council that on April 27, 2009, the Township of Wellington adopted the following resolution pertaining to Bill 221, Workplace Safety and Insurance Amendment Act 2007 (Presumptions for .Firefighters): Summary of Correspondence - 14 - JUNE 1, 2009 "WHEREAS the Ontario Provincial Government on May 3, 2007 with "all party support" passed Bill 221 the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters). This legislation was passed in record time (one day) recognizing the urgent need to assist firefighters, who develop job-related cancer or sustain a hearty injury, when they file a claim with the Workplace Safety and Insurance Board (WSIB); AND WHEREAS presented with scientific proven data, the Government of Ontario implemented regulations to immediately cover "full-time" firefighters; AND WHEREAS the Act clearly identifies the intent and allows for the inclusion in the regulations for "Volunteer and Part-time" firefighters; AND WHEREAS the present Provincial Government in the past two years made promises through three Ministers of Labour, the Minister of Community Safety and Correctional Services, Assistant Deputy Ministers and other levels of government, yet has failed to deliver the inclusion regulations for presumptive legislation for volunteer and part-time firefighters; AND WHEREAS in today's fire service of Composite/Part- time/Volunteer Departments and Province wide emergency deployment of Mutual Aid, Full-time, Volunteer and Part-time firefighters work side by side every day. Volunteer and part-time Firefighters are the backbone to the Ontario Fire Service. These brave men and women give their time and service to protect our homes, properties and families and deserve better; AND WHEREAS cancer and heart attack do not discriminate between full-time, volunteer and part-time firefighters; AND WHEREAS there is no explanation other than the government is clearly discriminating against volunteer and part-time firefighters; THEREFORE BE IT RESOLVED THAT the Council of the Township of Centre Wellington requests the Provincial Government to amend Bill 221, an Act to Amend the Workplace Safety and Insurance Act. 1997 with respect to firefighters and certain related occupants to "include" volunteer firefighters and part-time firefighters; Summary of Correspondence - 15 - JUNE 1, 2009 AND FURTHER THAT the Township of Centre Wellington requests the support of other municipalities within the Province of Ontario; AND FURTHER THAT this and all supporting resolutions be forwarded/copied to Premier Dalton McGuinty, the Minister of Labour, the Honourable P. Fonseca, the Minister of Community Safety and Correctional Services, the Honourable R. Bartolucci, Local MPP Ted Arnott, Ontario Progressive Conservative Party Leader Bob Runciman, Ontario New Democratic. Party Leader Andrea Horvvath, Ontario Municipalities, the Association of Ontario Municipalities (AMO) the Firefighters Association of Ontario (FFAO) and the Ontario Association of Fire Chiefs (OACF)." (Motion for Direction) D - 13 The Township of Woolwich advising Council that on April 7, 2009, the Council of the Township of Woolwich adopted the following resolution pertaining to an extension to the Workplace Safety and Insurance Amendment Act to include coverage for volunteer and part-time firefighters: "WHEREAS the Ontario Provincial Government of May 3, 2007 passed Bill 221 The Workplace Safety and Insurance Amendment Act. This legislation was passed to assist firefighters, who develop job-related cancer or sustain a heart injury, when they file a claim with the Workplace Safety and Insurance Board (WSIB); AND WHEREAS it was presumed at the time that such legislation would also apply to volunteer firefighters who face the same exposures as their full-time (career) peers; AND WHEREAS it appears that the coverage of volunteer and part- time firefighters under this legislation is now uncertain; AND WHEREAS cancer and heart attacks do not discriminate between Full-Time, Volunteer, and Part-Time firefighters; AND WHEREAS the vital service that the Township of Woolwich's volunteer firefighters provide in protecting the lives and properties of our residents must be recognized as equivalent to full-time firefighters; THEREFORE BE IT RESOLVED THAT the Township of Woolwich strongly urges that the Provincial Government take immediate action to extend the legislation to include Volunteer and Part-Time Firefighters; Summary of Correspondence - 16 - JUNE 1, 2009 AND FURTHER BE IT RESOLVED that the Township of Woolwich requests the support of all other Municipalities in the Province of Ontario in this resolution; AND FUTHER BE IT RESOLVED THAT this and all supporting resolutions be forwarded to Ontario Premier Dalton McGuinty; the Honourable Peter Fonseca, Minister of Labour; the Honourable Rick Bartolucci, Minister of Community Safety and Correctional Services; Harold Albrecht, MP; and Leeanna Pendergast, MPP." (Motion for Direction) D - 14 Jennifer Haley, Chair, Homegrown Ontario Steering Committee, advising Homegrown OntarioT"", an alliance of Ontario Pork, the Ontario Veal Association, the Ontario Sheep Marketing Agency, Turkey Farmers of Ontario and the Ontario Independent Meat Processors, is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario meat and poultry; acknowledging Town and City Councils who are trying to encourage the purchase of locally-produced food as it contributes to the creation of a sustainable environment; and, requesting Council to consider endorsing the following motion of Homegrown OntarioT^": "WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; AND WHEREAS Homegrown OntarioT"' is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario produced meat and poultry; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; THEREFORE BE IT RESOLVED THAT the procurement practice of purchasing meat and poultry products produced by Ontario farmers be identified as the preferred local sustainable procurement practice; BE IT FURTHER RESOLVED THAT the purchase of all Ontario produced meat and poultry sourced locally requires the burning. of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away. (Motion for Direction) Summary of Correspondence - 17 - JUNE 1, 2009 D - 15 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, advising that on May 11, 2009, the Township of Brock adopted the following resolution pertaining to deadstock removal subsidy: "RESOLVED THAT Council of the Township of Brock request the Provincial Government reinstate the deadstock subsidy on an interim basis until additional options for disposal become available, re: Report 2009-Council-07." (Motion for Direction) D - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dwight Duncan, Minister of Finance and Chair of Management Board of Cabinet, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to 2009 Options for the Mandated Provincial Business Protection Program ("Capping"): "a) THAT for the 2009 mandated Provincial Business Protection Program ("Capping") i) The municipal options made available by the Province and implemented by Regional Council from 2005-2008, for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below, be continued: a. The maximum percentage increase in property taxation due to reassessment be maintained at 10% of the previous year's taxes; b. A minimum annual threshold increase of 5% of total Current Value Assessment (CVA) level property taxation be continued for properties that are provided protection; and c. The `billing' threshold be maintained such that any property components whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CVA level taxation be required to pay its full CVA property taxation amount and the clawback percentage be adjusted accordingly. Summary of Correspondence - 18 - JUNE 1, 2009 ii) For the Multi-Residential, Commercial and Industrial property tax classes, the new option made available by the Province in 2009 allowing municipalities to permanently exclude any property's components from the program if it was at CVA level taxation in 2008 or crosses the CVA level in 2009 due to the reassessment, be implemented. iii) The cost of capping reassessment property tax increases in the Multi-residential, Commercial and Industrial Broad Property Classes pursuant to the program be financed by withholding a portion of the reassessment related decreases owing to other properties within the corresponding broad property tax class (as has been the practice in previous years). iv) In order for the program to be funded consistently across the Region, the Commissioner of Finance be authorized to set the "Cut-Off/Freeze" date to ensure consistent program application across all local municipalities: v) Staff report back to Regional Council on the final results of the program after the summer recess only if the impacts differ materially from the preliminary analysis provided in this report. b) THAT the Minister of Finance be requested: i) to allow Municipalities the option of permanently excluding Vacant Land properties from the Provincial Business Protection program as these properties receive an increasingly disproportionate protection share funded by active businesses and hinder the winding down of the program, and ii) to amend Provincial legislation to allow for separated property tax billings of the non-residential property classes such that properties permanently excluded from the Provincial Business Protection program can be billed prior to those properties that remain subject to the program. c) THAT the requisite by-law for the 2009 Provincial Business Protection program be prepared by the Regional Solicitor." (Motion for Direction) Summary of Correspondence - 19 - JUNE 1, 2009 D - 17 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the Honourable Madeleine Meilleur, Minister of Community and Social Services, advising that on May 11, 2009, the Town of Whitby adopted the following resolution pertaining to Initial Proposed Employment Accessibility Standard: "1. THAT the Town of Whitby forward Planning Report, Item PL 49-09 to the Minister of Community and Social Services as comments on the initial proposed Employment Accessibility Standard; as set out under Section 7 -Considerations. 2. THAT Human Resource Services receive a copy of Planning Report, Item PL 49-09 and establish a recommended strategy of policy development, implementation and estimated cost impacts for the consideration of the Planning and Development Committee and Council; and, 3. THAT a copy of Council's resolution together with Planning Report, Item PL 49-09 be circulated to the Accessibility Advisory Committee, Accessibility Working Committee, Region of Durham, Durham Area Municipalities, Association of Municipalities of Ontario and C. Elliot, MPP." (Motion for Direction) D - 18 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on May 11, 2009, the Town of Ajax adopted the following resolution pertaining to comments on the Province's "Healthy Great Lakes, Strong Ontario' Discussion Paper: "1. That this report, entitled "Comments on Province's 'Healthy Great Lakes, Strong Ontario' Discussion Paper", dated May 7, 2009, be endorsed and submitted to the Province in response to Policy Proposal 010-6105 on the Environmental Bill of Rights Registry. 2. That the Province be commended for releasing a Discussion Paper on the Great Lakes that warns Ontarians that the ecological conditions in the Lakes are reaching a "tipping point" of ill health, and reminds that our quality of life depends on restoring the quality and quantity of these "at risk" freshwater resources. Summary of Correspondence - 20 - JUNE 1, 2009 3. That the Province provide the Town of Ajax with sufficient funding from the Ministry of Infrastructure and Energy to continue to monitor water quality in the municipal stormwater system to determine priority areas for stormwater retrofit facilities or measures to reduce impacts on the quality of water along the Lake Ontario shoreline. 4. That the Province adopt an Accountability Framework, similar to that recommended in the International Joint Commission's "13`n Biennial Report on Great Lakes Water Quality", to ensure effective implementation of Provincial commitments, including those identified in the Canada-Ontario Agreement Respecting the Great Lakes. 5. That the Province strongly encourage the Federal Government, during negotiations on Federal and Bi-national Great Lakes- related Treaties and Agreements, to establish a sustained, reliable source of funding, complemented by scientific research findings, to ensure effective actions are taken to improve Great Lakes water quality. 6. That the Province lead in the development of better, more advanced scientific indicators of the health of the Great Lakes, support research, development and commercialization of new analytical techniques to evaluate water quality, and make them readily available at affordable prices at laboratories across Ontario. 7. That, in light of changing climatic conditions in Southern Ontario, the Province consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protect municipal infrastructure, property and the natural environment. 8. That the Province add stronger, more protective water policy to the Provincial Policy Statement. 9. That the Province increase public education about the Great Lakes and how human activities are affecting these finite water resources, such as through promotion of greater collaboration with other levels of government and agencies, including conservation authorities, supported by sufficient, sustained funding. Summary of Correspondence - 21 - JUNE 1, 2009 10. That the Province, through the Ministry of Education, develop educational materials and programs for curriculums in all elementary and secondary schools to promote students' understanding of the significance of the Great Lakes, including steps that individuals and schools should take to avoid adversely impacting these vital freshwater resources. 11. That the Province encourage Environment Canada to ban phosphate in laundry and dishwater detergents, other cleaning products, and residential lawn fertilizer products. 12. That the Province promote ascience-based, lake-wide approach to the regulation of point and non-point sources of .phosphorus discharge to Lake Ontario, and consider designating Lake Ontario's nearshore area as an environmentally sensitive area. 13. That the Province incorporate Great Lakes sustainability objectives into growth, infrastructure and economic decision- making by the Ministries of Municipal Affairs and Housing, Infrastructure and Energy, and other Ministries and agencies, to avert contradictory strategic initiatives. 14. That this report be sent to The Honourable Dalton McGuinty, Premier of Ontario, George Smitherman, Deputy Premier and Minister of Infrastructure and Energy, John Gerretsen, Minister of the Environment, Donna Cansfield, Minister of Natural Resources, Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, Kathleen Wynne, Minister of Education, Jim Watson, Minister of Municipal Affairs and Housing, Conservation Ontario, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, the Great Lakes and St. Lawrence Cities Initiative, the Environment Commissioner of Ontario, Great Lakes United, the Regions of Durham and York, and the Municipalities in Durham Region. (Motion for Direction) D - 19 Douglas G. Martin, Mayor, Town of Fort Erie, writing to the Honourable David Caplan, Minister of Health and Long-Term Care advising that on May 11, 2009, the Town of Fort Erie adopted the following resolution pertaining to the Rural and Northern Health Care Blue Ribbon Panel: Summary of Correspondence - 22 - JUNE 1, 2009 "WHEREAS the Health and Long-Term Care Minister recently announced plans to develop a Small Rural and Northern Health Care Blue Ribbon Panel to look at health care and hospital needs, and WHEREAS a call for a moratorium on reducing health care services in rural and small communities to be imposed upon each Local Health Integration Network in the Province of Ontario until such time as a province-wide review process has been conducted was recently endorsed by the Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians, and WHEREAS the Municipal Council of the Town of Fort Erie at its meeting of March 30, 2009 passed a resolution petitioning the Premier and the Minister of Health and Long-Term Care to put a stop to the implementation of the Niagara Health System Hospital Improvement Plan until the Ontario Ombudsman completed their investigation of the Hamilton Niagara Haldimand Brant Local Health Integration Network, and WHEREAS the Minister's response dated April 23, 2009 advised he would not interfere in the local HIP process but the government would support the Ombudsman's Office as needed through the investigation, and WHEREAS it is deemed necessary and expedient for small, rural and northern municipalities to call upon the government to impose a moratorium on any further reductions to health care services in rural and northern communities; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby petitions The Honourable Dalton McGuinty, Premier of Ontario and The Honourable David Caplan, Minister of Health and Long-Term Care to impose a moratorium upon each Local Health Integration Network to prevent any further reductions in health care services in rural and northern communities in the Province of Ontario until such time as a Province-wide review process has been conducted, resulting in the following action: 1) The urgent establishment of a Think Tank with broad and knowledgeable representation, similar to those involved in the Rural and Northern Health Care Framework, to provide recommendations to the LHINs regarding the role and future of emergency departments and small hospitals; Summary of Correspondence - 23 - JUNE 1, 2009 2) The adoption of the standards that have been developed identifying the services that are required to provide emergency care; 3) The identification of how many emergency departments are needed in each community and in each LHIN; 4) The adoption of standards regarding the level of services that should be available in local hospitals to support the health care needs of the local population; 5) The adoption of standards regarding the level of services that should be available to local communities to provide the non- hospital based services that are required to meet the healthcare needs of the local population; 6) The adoption of standards regarding the regional services that need to be in place to support local delivery systems; 7) The implementation of a system to ensure accessibility to regional services that are deemed necessary to support local delivery systems; 8) The implementation of standards regarding EMS availability in the event of a closure of an emergency department; 9) The development of a comprehensive educational program to prepare and support physicians and nurses to provide exemplary care in every emergency department/urgent care in the province; and, 10) A review of the research papers developed to date to evaluate the effects of any reduction in services in communities on both the quality of care provided and the overall cost to the healthcare system and further research to fill in identified gaps in knowledge, and further THAT the Minister of Health and Long-term Care be requested to ensure that the composition of the Blue Ribbon Panel include members of the Alliance to Save Ontario's Small, Rural and Northern Hospitals as well as a doctor from Niagara South, and further THAT a copy of this resolution be sent to all Small, Rural and Northern Municipalities in the Province of Ontario for support, and further Summary of Correspondence - 24 - JUNE 1, 2009 THAT the Ontario Ombudsman and Auditor General be so notified of this action as well as all other appropriate persons." (Motion for Direction) D - 20 Jim Souch, President, Kendal Community Centre, requesting an interest-free loan in the amount of $7,000 to be added to the $20,000 contributed by the Kendal Community Centre Board for the new kitchen being installed. If approved, the Board would like to repay the loan over afive-year term commencing in 2010. (Motion for Direction) D - 21 The Greater Toronto Area Countryside Mayors Alliance (GTACMA). issuing a Press Release dated May 25, 2009, announcing Mayors Support Free Trade when it's Fair Trade and advising that on May 22, 2009, the Greater Toronto Area Countryside Mayors Alliance adopted the following resolution regarding fair trade between Canada and the United States: "WHEREAS the world's economy has entered into a period of slow economic growth; AND WHEREAS Governments throughout the world have introduced various stimulus packages to encourage economic growth; AND WHEREAS the United States of America is Canada's largest trading partner and a signatory of the North American Free Trade Agreement; AND WHEREAS the Greater Toronto Area Countryside Mayors' Alliance is supportive of Free Trade between Canada and the United States which has existed for many years; AND WHEREAS the Government of the United States of America has introduced infrastructure stimulus packages including the American Recovery and Reinvestment Act (ARRA) which includes "Buy American" provisions for steel and other manufactured products; AND WHEREAS these restrictive provisions which are contrary to the spirit of free trade and will prevent Canadian companies from bidding on contracts which contain the "Buy American" provisions at the municipal and state levels in the United States since NAFTA and The General Procurement Agreement of the world Trade Organization do not nullify such provisions at those levels; Summary of Correspondence - 25 - JUNE 1, 2009 AND WHEREAS Canadian stimulus infrastructure programs do not contain any restrictions on manufacturers from other countries including the United States bidding on such contracts in Canada; AND WHEREAS Canadian companies may be adversely affected by these restrictions possibly leading to lay-offs and financial losses and further could lead to the erosion of their overall viability; NOW THEREFORE BE IT RESOLVED THAT the Greater Toronto Area Countryside Mayor's Alliance (GTACMA) is supportive of Free Trade between the United States and Canada and that the restrictive "Buy American" provisions in the American Recovery and Reinvestment Act are contrary to that spirit of free trade; AND FURTHER THAT IT BE RESOLVED THAT the GTACMA supports the Canadian Manufacturers and Exporters in its quest to have the United States Congress reconsider and repeal their current "Buy American" requirements for the United States stimulus packages; AND FURTHER BE IT RESOLVED THAT Canadian municipalities adopt a procurement policy that future Canadian Infrastructure projects at the municipal level, including environmental projects such as water and wastewater treatment projects require that any goods and materials required for the projects be bought only from companies whose countries of origin do not impose local trade restrictions against goods and materials manufactured in Canada to better ensure open, fair and competitive practices across the globe; AND FURTHER THAT IT BE RESOLVED THAT the GTACMA requests the Town of Halton Hills to present this resolution to the Federation of Canadian Municipalities for their consideration of endorsement, with a request that it be presented at its annual convention June 5 - 8, 2009; AND FURTHER THAT IT BE RESOLVED THAT a copy of this Resolution be forwarded to the Prime Minister, the Premier of Ontario, the Federal and Provincial Ministers of Trade and Industry, the Regions of Durham, York, Peel, Halton and all municipalities therein, the Association of Municipalities of Ontario (AMO) and the Canadian Manufacturers and Exporters Association (CME). (Motion for Direction) Summary of Correspondence - 26 - JUNE 1, 2009 D - 22 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council that on April 22, 2009, the City of Ottawa adopted the following resolution pertaining to leave to appeal the Ontario Municipal Board decision regarding the application by Minto Communities Inc.: "WHEREAS the decision of the Ontario Municipal Board approving the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick was released on April 23, 2009; AND WHEREAS the decision gave very little consideration to the amendments to the Planning Act that were intended to strengthen the ability of municipalities to govern development; AND WHEREAS it is the view of the Council of Ottawa that this decision is contrary to the vision for Manotick as expressed in the Official Plan of the City of Ottawa, including the Manotick Secondary Plan, and this decision does not give proper consideration to the provisions of the Planning Act, especially the amendments in Bill 51; AND WHEREAS many municipalities in Ontario have expressed grave concern over the lack of regard had by the Ontario Municipal Board to the decisions of the democratically elected Councils;. THEREFORE BE IT RESOLVED THAT, due to the failure of the Ontario Municipal Board to give proper consideration to the amendments to the Planning Act strengthening the role of municipal councils, the City Clerk and Solicitor be authorized to seek leave to appeal the decision of the Ontario Municipal Board respecting the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick; AND BE IT FURTHER RESOLVED THAT the City seek the involvement of and funding by the Association of Municipalities of Ontario and other municipalities in its application for leave to appeal." (Motion for Direction) Summary of Correspondence - 27 - JUNE 1, 2009 D - 23 Eric K. Gillespie, Barrister and Solicitor, writing on behalf of his clients Don (Luke) Prout, Cynthia Prout, George Van Dyk and Sean Keane, advising that a proper compliance audit of the 2006 Municipal Election Campaign finances of John Mutton remains outstanding and that he has been retained by the applicants to seek compliance with the legal duties set down in Section 81(4) of the Municipal Elections Act. 1996, requiring Council to appoint an auditor to conduct a compliance audit of the candidate's election campaign finances; hoping that the process can be completed without further delays or costs; however, advising that if a response is not received by June 3, 2009, the applicants will have no choice but to commence some form of legal proceeding against the municipality. (Motion for Direction) CJI~lIl I1 Ener "wn Onrario~ ~ g REPORT #1 REPORT TO COUNCIL MEETING OF JUNE 1, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 25, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-019-09 Monthly Report on Building Permit Activity for April, 2009 (b) ESD-008-09 Monthly Response Report -March and April 2009 (c) Correspondence -Sandra Kranc, City Clerk, City of Oshawa -regarding Region of Durham's proposed Energy-From-Waste facility (d) Delegation -Richard Ward -Regarding Official Plan designation 2. APPLICATION BY 564069 ONTARIO INC. TO REZONE TWO PROPERTIES ON BEAVER STREET (NEWCASTLE) FOR COMMERCIAL USE THAT Report PSD-046-09 be received; THAT the application continue to be reviewed by Staff to address outstanding issues and any concerns raised at the Public Meeting; and THAT all interested parties listed in Report PSD-046-09, any delegations, and the Regional Municipality of Durham Planning Department 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 June 1, 2009 3. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A 9-HOLE GOLF COURSE AND CLUBHOUSE BUILDING (STONEHENGE GOLF CLUB) - 3033 TAUNTON ROAD, FORMER TOWNSHIP OF DARLINGTON APPLICANT: TUNNEY PLANNING THAT Report PSD-048-09 be received; THAT the rezoning application submitted by Tunney Planning, be approved and that the proposed Zoning By-law contained in Attachment 3 to Report PSD-048-09, be passed; and THAT all interested parties listed in Report PSD-048-09 and any delegations be advised of Council's decision. 4. AMENDMENT NO. 67 TO THE CLARINGTON OFFICIAL PLAN APPLICANT: 1559306 ONTARIO LTD. PART LOT 20, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON NORTHEAST CORNER OF TAUNTON ROAD AND HOLT ROAD THAT Report PSD-050-09 be received; THAT Amendment No. 67 to the Clarington Official Plan as shown on Attachment 2 to Report PSD-050-09, be adopted and the necessary By-law contained in Attachment 3 to Report PSD-050-09, be passed and that the Amendment be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be forwarded a copy of PSD-050-09; and THAT all interested parties listed in Report PSD-050-09 and any delegation be advised of Council's decision. 5. CLARINGTON SIGN BY-LAW REVIEW THAT Report PSD-051-09 be received; THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09, as amended to retain the existing six (6) weeks provisions pertaining to the duration permitted for election signs to be posted, continue to be reviewed to address any concerns raised at the public meeting; and THAT all interested parties listed in Report PSD-051-09 and any delegations be advised of Council's decision. 6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 14, 2009 THAT Report PSD-052-09 be received; Report #1 June 1, 2009 THAT Council concurs with the decision of the Committee of Adjustment made on April 16, 2009, for applications A2009-0008 and A2009-0009, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council does not concur with the decision of the Committee of Adjustment made on May 14, 2009 for application A2009-0010 and authorizes staff to appeal the decision to the Ontario Municipal Board. 7. SALE OF SURPLUS PROPERTY 97 POTTERS LANE, ENNISKILLEN THAT Report PSD-053-09 be received; THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd; THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and Mark Gerald Gerrits and Kimberly Ann Gerrits including the payment of commission to Ryan Realty Services Ltd. as provided in the Agreement on its completion, provided the Agreement is modified as provided in Report PSD-053-09; THAT a By-law be passed to authorize the sale and transfer of the lands identified as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington. 97 Potters Lane, Enniskillen; THAT the net proceeds from the sale of the surplus property be deposited into the Municipal Land Acquisition Reserve Account; and THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction. 8. GENERAL AMENDMENT TO ZONING BY-LAW 84-63 REGARDING AGGREGATE EXTRACTION AREAS, REQUIREMENTS FOR GARAGE WIDTHS AND SCHEDULE BOUNDARIES THAT Report PSD-047-09 be received; 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 4 to Report PSD-047-09, be passed; THAT the by-law, as contained in Attachment 5 to Report PSD-047-09, be approved in principle and brought forward for Council's approval upon confirmation from the Ministry of Natural Resources that the Aggregate licence registered to the owner of the Coombes Pit has been surrendered; Report #1 4 June 1, 2009 THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047-09 and Council's decision; and THAT all interested parties listed in Report PSD-047-09 and any delegations be advised of Council's decision. 9. PROPOSAL TO CLOSE AND CONVEY AN UNOPEN ROAD ALLOWANCE SITUATED IN LOT 27, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE (BARR SUBDIVISION-BOND HEAD) AND RELEASE OF INTEREST IN THE CLARKE AND BOND STREET ROAD ALLOWANCES THAT Report EGD-020-09 be received; THAT the road allowance situated in Lot 27, Broken Front Concession, further identified as Part 2 on Registered Plan 40R-25566 be closed and declared surplus; THAT the applicants pay the land value of $63,000.00 as well as all legal and other financial costs associated with the transaction after which the road allowances will be conveyed to Barr's Developments Ltd.; THAT Barr's Developments Ltd. pay the Municipality $42,000 plus the payment of all outstanding legal invoices relating to this matter in exchange for a release of interest from the Municipality for the Clarke and Bond Street road allowances; THAT the Mayor and Clerk be authorized to execute a release of interest pertaining to the Clarke and Bond Street road allowances to Barr's Development Ltd., to the satisfaction of the Director of Engineering Services and the Municipal Solicitor, THAT Council pass the necessary by-laws to implement the recommendations of Report EGD-020-09; and THAT Barr's Developments Ltd. be advised of Council's decision. 10. INTERSECTION IMPROVEMENTS AT BEAVER STREET AND KING AVENUE, NEWCASTLE THAT Report EGD-021-09 be received; THAT improvements consisting of the construction of bump outs at the intersection of Beaver Street and King Avenue, Newcastle be approved; and THAT funding in the amount of $35,000 be transferred from the unspent funds from the 2009 Capital Sidewalk Replacement Unspecified project to the intersection improvements project at Beaver Street and King Avenue, Newcastle. Report #1 5 June 1, 2009 11. MILL STREET PEDESTRIAN TUNNEL CONSTRUCTION STATUS - NEWCASTLE VILLAGE THAT Report EGD-022-09 be received; THAT the Canadian National Railway be advised that the Municipality endorses the Cost Sharing Alternative A, consisting of a capital contribution towards the construction costs of the Mill Street Pedestrian Tunnel. In exchange the Municipality agrees to be responsible for the maintenance of the Mill Street Pedestrian Tunnel; THAT the Municipality enter into an agreement with the Canadian National Railway for the construction of the Mill Street Pedestrian Tunnel, containing provisions for the implementation of a cost sharing component as outlined in Alternative A detailed within Report EGD-022-09; THAT the Mayor and Clerk be authorized to execute the agreement with the Canadian National Railway in a form satisfactory to the Municipal Solicitor; THAT the by-law attached to Report EGD-022-09 authorizing the Mayor and the Clerk to execute the proposed Agreement be approved; and THAT a copy of Report EGD-022-09, as well as Council's decision be forwarded to the Canadian Transport Agency, Transport Canada and the Canadian National Railway. 12. SCHEDULE OF RATES AND FEES 2009/10 - 2010/2011 THAT Report CSD-010-09 be received; and THAT Council approve the Rates and Fees Schedule (attached to Report CSD-0.10-09) for the two (2) year period, September 1, 2009 -August 31, 2011. 13. JUNE IS RECREATION AND PARKS MONTH THAT Report CSD-011-09 be received; and THAT the month of June 2009 be proclaimed Recreation and Parks Month. 14. REVIEW OF REFRESHMENT VEHICLE LICENCE REQUIREMENTS THAT Report CLD-008-09 be received; THAT the current 60 meter setback as required in By-law 2004-114 be maintained; and THAT the interested parties listed in Report CLD-008-09 be advised of Council's decision. Report #1 6 June 1, 2009 15. REQUEST FOR NOISE EXEMPTION AND ROAD OCCUPANCY PERMIT THAT Report CLD-009-09 be received; THAT an exemption to the curfew requirements contained in Clarington Noise By-law 2007-071 be granted to the organizers of Sonfest, to be held at Holy Trinity High School 2260 Courtice Road; THAT the organizers be granted a Road Occupancy Permit for their procession on Saturday August 15~h, 2009 provided all the Municipality's requirements are met; and THAT the interested parties listed in Report CLD-009-09 be advised of Council's decision. 16. 15~ QUARTER PARKING REPORT THAT Report CLD-010-09 be received; and THAT a copy of Report CLD-010-09 be forwarded to the Bowmanville Business Centre for their information. 17. APPOINTMENT TO THE SAMUEL WILMOT NATURE MANAGEMENT ADVISORY COMMITTEE THAT Report CLD-011-09 be received; THAT Candy Davis-Storks be appointed to the Samuel Wilmot Nature Management Advisory Committee; and THAT the interested parties listed in Report CLD-011-09 be advised of Council's decision. 18. CONFIDENTIAL REPORT REGARDING LABOUR RELATIONS AND EMPLOYEE NEGOTIATIONS THAT Report COD-036-09 be received; THAT the interim award by Arbitrator Kevin Burkett be implemented as directed for the 2007 & 2008 years; THAT Staff report to Council following the final arbitration ward for the years 2007, 2008 and 2009; and THAT Council honor its commitment to the Fire Fighters in the 2009 budget. Report #1 7 June 1, 2009 19. CL2009-12, SUPPLY AND DELIVERY OF ONE (1) TANKER THAT Report COD-037-09 be received; THAT Dependable Emergency Vehicles, Brampton, Ontario, with a total adjusted bid in the amount of $197,510.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-12, be awarded the contract to supply and deliver one (1) 2009 Tanker, as required by the Municipality of Clarington, Emergency and Fire Services; and THAT the funds required in the amount of $197,510.00 (plus G.S.T.), be drawn from 2009 Capital Budget account number 110-28-388-82811-7401. 20. RFP2009-4 -ARCHITECTURAL SERVICES FOR DARLINGTON SPORTS CENTRE RENOVATION THAT Report COD-038-09 be received; THAT the proposal received from Barry-Bryan & Associates Ltd, Whitby, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2009-4 be accepted for the provision of Architectural Services for the Darlington Sports Centre Renovations including disbursements of $135,900.00 (excluding GST); and THAT the funds required be drawn from Account #110-42-421-84267-7401. 21. TENDER CL2008-24, CATCH BASIN AND MANHOLE REPAIRS THAT Report COD-039-09 be received; THAT Ron Robinson, Bowmanville, Ontario with a total estimated bid price of $43,000.00 (excluding G.S.T.), being the sole responsible bidder meeting all terms, conditions and specifications of Tender CL2008-24 be awarded the contract for Miscellaneous Catch Basin and Manhole Repairs for a second year; THAT pending service and acceptable pricing the contract be extended for a third year; and THAT the funds expended be drawn from the Department of Operations, 2009 Capital Account Catch Basin Repairs 110-36-330-83610-7401 and 2009 Current Account Catch Basin/Sewer Maintenance -Professional Fees 100-36-380-10245-7161. 22. DELEGATION -BRAD ARBOUR -REGARDING YOUTH CENTRE UPDATE THAT the delegation of Brad Arbour be received with thanks. Report#1 8 June 1, 2009 23. DELEGATION -ROBERT MACDONALD -REGARDING PROPOSED DEVELOPMENT THAT the delegation of Robert MacDonald be received; and THAT the concerns and issues raised by Robert MacDonald be referred to the Planning Department. n~~ ~. ~ _.... STAFF REPORT lil ~al"JIIl Leadueg the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 1, 2009 Report #: COD-040-09 Subject: File # By-law #, TENDER NO. CL2009-26 - ORONO ARENA ROOF REPLACEMENT Recommendations: It is respectfully recommended to Council the following: 1: THAT Report COD-040-09 be received; 2. THAT staff be authorized to proceed with.the award of a contract for the replacement of the Orono Arena Roof based on the compliant low bid received on Tender # CL2009-26 on the approval of the Director of Operations and the Chief Administration Officer; 3. THAT the funds required be drawn from Account #110-36-370-83683-7401 in the amount of $290,300.00 with additional funds to an amount of $200,000.00 if needed, be drawn from the Creating Jobs, Building Ontario funds set aside for the Newcastle Fire Station Replacement; 4. THAT the Mayor and Clerk be authorized to execute the necessary agreement; and 5. THAT staff report to Council on the results of the tender call and the contract award. Submitted by: Reviewed by: e arano, H.B.Sc., C.M.O., Director of Corporate Services MMUDBIkm (!~ Nanc Taylor, B.B.A~.A., {{" Director of Finance/Treasurer / 14~g11R1111 VV U, /tiU/~ )--}/ Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 REPORT NO.: COD-040-09 oer_c ~ REPORT NO.: COD-040-09 PAGE 2 7. BACKGROUND AND COMMENT 1.1 In 2008 the Director of Finance Report #FND-018-08 identified and approved funding in the amount of $310,000.00 for the complete replacement of the Orono Arena Roof due to rapidly deteriorating conditions. To date there is a commitment of $19,700.00 for consulting services leaving a balance of $290,300.00 for the roof replacement. 1.2 A public tender has been issued with a closing date of June 11, 2009. 1.3 Just prior to issuance of the tender two issues came to light that require approval of Council in order to proceed with an expedited tendering process and deal with the anticipated budget shortfall. The two issues are as follows: • Due to the short time allowed for work of this nature to be completed at the arena (August 30, 2009) it is imperative that the award process be shortened as much as possible. By pre- authorizing an award up to 3 weeks can be made available for the completion of the work. Even with the added three weeks the schedule is extremely tight. • A further review of the condition of the roof identified additional work required to maintain the facility. This work includes replacement of heat tracing in the roof gutter; removal and replacement of steel gutter and the addition of nine (9) galvanized steel downspouts. In addition, a review of a recent similar project in the area has resulted in a reassessment and an increase in the estimate of the actual roof replacement cost. The original estimate was set at $310,000.00. The revised estimate is $351,600.00. With the addition of the heat tracing, steel roof gutter and downspouts the revised estimate is $473,100.00. 2. ANALYSIS 2.1. Given the circumstances it is crucial to the project that an expedited award approval process be put in place to allow as much time as possible for the replacement of the arena roof and the restoration of the associated gutter, downspouts and heat tracer. 2.2. A compressed project schedule can result in rushed and poor quality work, warranty follow up and potentially on-going issues. In addition, the shorter the time to complete REPORT NO.: COD-040-09 PAGE 3 REPORT NO.: COD-040-09 PAGE 3 the work to higher the cost as contractors are required to work longer hours and pay overtime. A compressed time frame to complete also acts as a deterrent to bidders. 3. FINANCIAL 3.1. This project is in the 2009 Capital Budget in the Account #110 36-370-83683-7401 with a budget amount of $310,000.00. This project currently has unspent funds of $290,300.00 available. 3.2. In September 2008, report FND-018-08 regarding the Creating Jobs, Building Ontario Funding was approved by Council in which $1,500,000.00 for the Newcastle Fire Hall Replacement was set aside. As the Newcastle Fire Hall Replacement project is not yet ready to proceed, the Director of Finance/Treasurer has recommended that $200,000.00 be made available from the Creating Jobs, Building Ontario Funding to complete the project. Therefore, it is recommended that $200.000.00 be reallocated to the Orono Arena Roof, if required. Full funding for the Newcastle Fire Hall Replacement will be dealt with in a subsequent report at such time as that project is ready to proceed. 4. CONCLUSION 4.1. Staff is recommending that authorization to proceed with an award to the low compliant bid be provided subject to the approval of the Director of Operations and the Chief Administrative Officer, subject to the funding availability as outline above. 4.2. An information report summarizing the results of the tender process and the award will be provided for Council's Information prior to the summer recess. 4.3. This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Operations Unfinished Business #1 Excerpt of General Purpose and Administration Committee Meeting May 25, 2009 DELEGATION -RICHARD WARD -REGARDING RECENT PROPERTY STANDARDS SITUATION Resolution #GPA-384-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the four vehicles removed from Mr. Ward's property on May 11, 2009 during the execution of a Property Standards Order be returned to Mr. Ward. Resolution #GPA-385-09 THAT all costs associated with returning the vehicles to Mr. Ward be borne by the Municipality. MOTION TABLED (See following motion) Resolution #GPA-386-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the foregoing resolution and amending resolution be tabled to the Council meeting scheduled for June 1, 2009 to allow staff the opportunity to provide Council with further information. CARRIED SUMMARY OF BY-LAWS June 1, 2009 BY-LAWS 2009-063 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Tunney Planning) (Item 3 of Report #1) 2009-064 Being a By-law to adopt Amendment No. 67 to the Clarington Official Plan (1559306 Ontario Ltd.) (Item 4 of Report #1) 2009-065 Being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen (Item 7 of Report #1) 2009-066 Being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen (Item 7 of Report #1) 2009-067 Being a by-law to authorize the sale and transfer to Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 1 OM-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen (Item 7 of Report #1) 2009-068 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Municipality of Clarington) (Item 8 of Report #1) 2009-069 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 2 on Registered Plan 40R-25566 to Barr's Developments Ltd. (Item 9 of Report #1) 2009-070 Being a by-law to authorize the execution on behalf of the Municipality of Clarington of an Agreement with the Canadian National Railway) (Item 11 of Report #1) Summary of By-laws - 2 - June 1, 2009 2009-071 Being a by-law to amend By-law 2007-038 to appoint Members to the Samuel Wilmot Nature Area (Candy Davis-Storks) (Item 17 of Report #1) 2009-072 Being a by-law to close Part 3 on Plan 40R-25884 as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (Approved by Council May 11, 2009) 2009-073 Being a by-law to declare Part 3 on Plan 40R-25884 surplus as pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (Approved by Council May 11, 2009) 2009-074 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to Prestonvale Land Corporation (Approved by Council May 11, 2009) ~~ Clari~gton Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: C. Anne Greentree, Deputy Clerk Date: .May 29, 2009 Subject: COUNCIL AGENDA -JUNE 1, 2009 Please be advised of the following additions to Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE FOR INFORMATION I - 27 Tanya Laverty, Works Communications Officer, Region of Durham, announcing the release of the first draft of the full Durham/York Residual Waste Study Environmental Assessment on May 26, 2009, outlining the steps completed throughout the Durham/York Residual Waste Study and advising that comments on the draft documentation may be submitted to the project team at info andurhamvorkwaste.ca during the pre-submission period ending June 5, 2009. The general public will also have an opportunity to comment during the Ministry of the Environment's regulated review period which follows the formal submission of the EA documentation. The formal submission is subject to approval by both Durham and York Regional Councils. A copy of the Draft Environmental Assessment (EA) Document dated May 25, 2009 and CD were provided to the Municipal Clerk's Department. CORRESPONDENCE FOR DIRECTION D - 24 Libby Racansky expressing concern with the closure of Nash Road from Courtice Road easterly to Harry Gay Drive for upgrades being undertaken by the Municipality, without adequate notice to residents, and the simultaneous Regional road work commencing on June 1, 2009, on Courtice Road North, and expressing concern with the flow of traffic and that Hancock Road will be used as a detour for these construction projects. (Motion for Direction) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE2 D - 25 Memorandum dated May 29, 2009, from the Deputy Clerk regarding responses received to Letters of Interest to Sit on Task Force on Attracting Higher Education Facilities. The memorandum indicates that ten responses were received and in accordance with the Terms of Reference there are six positions to be filed. Names of the individuals have been provided to Members of Council under separate cover. (Motion for Direction) D - 26 Gord Krieger, P.Eng., Project Manager, Genivar, advising they have been retained by the Ministry of Transportation Eastern Region (MTO) to complete improvements on Highway 115 from 1.4km south of Boundary Road to Victoria Road 32; indicating that in order to complete construction within the given time frame and to minimize traffic disruption, the contractor may be required to work during the night-time; and, requesting an exemption to the Clarington Noise By-law from July 29, 2009 to November 30, 2009, to permit the contractor to work 24 hours per day, seven days per week. All work would take place within the MTO right-of-way. (Motion for Direction) STAFF REPORT 2. Verbal Report of the Solicitor regarding a Confidential Legal Matter respecting Bowmanville Creek Developments Inc. Ontario Municipal Board Appeal. UNFINISHED BUSINESS Attached please find a Memorandum from the Deputy Clerk regarding the delegation of Richard Ward concerning recent Property Standards Order. . Anne Greentree, CMO Deputy Clerk CAG/cf attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS June 1, 2009 a) Linda Gasser regarding Presentation (c) -Richard Walli, Chair, Energy-From-Waste Site Liaison Committee -Update on EFW Site Liaison Committee Meetings ri 'h ri n tTtnn ~~.~Il~`tOI~ Leading the Way MEMO TO: Mayor Abernethy and Members of Council FROM: A. Greentree, Deputy Clerk DATE: May 29, 2009 RE: RESPONSES TO LETTER OF INTEREST TO SIT ON TASK FORCE ON ATTRACTING HIGHER EDUCATION FACILITIES Our File No.: C12.GE On, April 6, 2009, Council directed the Municipal Clerk to contact a select group of individuals to see if they would be interested in sitting on the Municipality of Clarington's Task Force on Attracting Higher Education Facilities to the Municipality. On April 30~' correspondence was sent to 16 individuals with a response deadline of May 13~'. Twelve responses were received. Attachment B, distributed under separate cover as it contains personal information about identifiable individuals, includes the applicant names. In accordance with the Terms of Reference for this Task Force, there are six (6) positions to be filled (Attachment A). CAG Att. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 ~~UCk~rrer.~ .~_ Terms of Reference Clarington Task Force on Attracting Higher Education Facilities to Clarington MANDATE To assist Council in attracting higher education facilities to the Municipality of Clarington with particular attention to supporting the Energy and Science Park initiatives. The potential candidate institutions are Durham College, the University of Ontario Institute of Technology (UOIT), and Trent University; however there may be other institutions that are either considering a satellite campus or have programs related to Clarington's emerging training needs. The work of the Task Force will also seek to support Clarington's objective to be recognized as a Provincially Significant Employment Area. The Task Force will be cognizant of recommendations to the Province to make Ontario a leader in the Creative Age. TASK FORCE MEMBERSHIP The Task Force will be comprised of up to six (6) community members appointed by Council with input. from individual members of Council and the Clarington Board of Trade. The community members will be sufficiently knowledgeable about the mission and strategic objectives of higher education facilities, the training needs for existing and anticipated businesses in Clarington, the changing Ontario economy and work being done by groups such as the Institute for Competitiveness and Prosperity or the Martin Prosperity Institute. Task Force members should be influential inside and outside of the community. The composition of the Task Farce should represent a variety of interests. The Mayor will be an ex-officio member of the Task Force. The Director of Planning Services is the municipal staff liaison for the Task Force. PROCESS The Task Force will look at the various options of attracting a satellite campus of a higher education facility. The Task Force will: • review the needs and requirements identified by the Durham College/ UOIT Campus Planning Study and any similar studies or strategic plans available from Trent University, etc.; • undertake appropriate consultation with key stakeholders in Clarington regarding their labour force and training needs, particularly Ontario Power Generation, with a view towards identifying which education opportunities could best be served from a satellite facility; • review with executive members of the institutions their current plans and the potential opportunities to meet their mission with satellite facilities or private/institutional partnerships; • identify opportunities within Clarington for satellite facilities and/or training space in conjunction with business; • advise the Mayor and Council on strategic actions that should be considered; • prepare an interim report to the Municipality within 6 months on their findings that could be the basis for discussions with the higher education institutions; • undertake additional actions as determined by Council to influence the investment decisions for higher education facilities and services; and • deliver a final report within one year. It is understood that in order to meet its mandate the Task Force will need to be flexible and adjust to changing circumstances. MEETINGS The Task Force will meet at a convenient location and time for the members. I:T•7R~9 The Chair The Chair of the Task Force will be selected by members of the Task Force and will • facilitate the meetings; • be responsible to ensure that the task force meets its mandate; • be responsible to author any report of the task force with the assistance of other Task Force members; • be responsible for arranging and leading key meetings with the institutions and senior levels of government; and • report to Council as appropriate and determined by the Task Force. Members All Members of the Task Force will • report any conflict of interest issues prror to decision making; • operate in a consensus mode, allowing members to discuss their respective views and opinions and to listen to others; • will review all documents, agendas and minutes presented to them to make informed decisions; not release or use any confidential information obtained through discussions or other information provided to the Task Force; • participate in the writing of any report or other tasks as determined through the meetings; and • uphold the mandate of the Task Force. Municiaal Staff Liaison The staff liaison will assist with any research and municipal planning information that would be helpful to the Task Force. Mavor's Office The Mayor's Office will be responsible for all administrative arrangements and meeting minutes. ~ '~ar~n~o-tnn Claring~~on Leading the Way MEMO TO: Mayor Abernethy and Members of Council FROM: A. Greentree, Deputy Clerk DATE: May 29, 2009 RE: Richard Ward's Property Clean-Up -May 15, 2009 Our File No.: V08-13116 Background: On Monday, May 25, 2009, at the General Purpose and Administration Committee Meeting, Mr. Ward requested Council to give direction to return his four vehicles which were removed from his proper#y during the execution of a Property Standards Order on May 11, 2009. A motion was introduced to return the four vehicles and that any related costs be bourne by the Municipality. This motion was then tabled to the Council Meeting of June 1S` to provide staff the opportunity to provide Council with additional information regarding this matter. This memo is provided to you in response to that request for your information and consideration. Significant Dates: May 23/08 Complaint Received May 28/08 Investigation Initiated and photos taken June 4108 -Order Requiring Compliance Issued June 24/08 Appeal Filed June 24/08 Deadline for filing appeal of Order to Property Standards Committee July 15/08 Deadline for compliance July 28/08 Property Standards Appeal Hearing -Adjourned to Sept 17108 Sep 17/08 Property Standards Appeal Hearing -Adjourned to Oct 8/08 Oct 8/08 Property Standards Appeal Hearing -Decision Rendered Oct 22/08 Deadline to Appeal to Judge of Superior Court of Justice Dec 10/08 New Deadline for compliance May 11/09 Order Requiring Compliance executed by MLEO CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 TL. A_J--. Mayor & Members of Council - 2 - May 29, 2009 The Order: The Order Requiring Compliance, issued to Mr. Ward on June 4, 2008, clearly detailed the necessary remedies to be taken by Mr. Ward in order to comply with the Order. A copy of the Order is included as Attachment 1 to this memo. In particular, I draw your attention to items 2 and 3 of the Order. The Property Standards By-law requires, under Section 2.0.2 (3) and (4), that the yard be kept clean and free from derelict machinery, vehicles, trailers, boats or vessels and any component parts thereof, and includes any derelict motor vehicles whether exposed to view or covered by means of tarpaulin or other cover. The only buildings/structures on Mr. Ward's property are: one 20' X 40' wooden barn/garage (which is full of material and an o{d plow truck) and, two old wooden agricultural-type storage sheds with unknown interior contents. Procedures Followed: The Property Standards By-law was passed pursuant to the provisions of the Building Code Act. This legislation provides for an opportunity for appeals to an Order issued under the Act. An owner may appeal an Order to the Property Standards Appeal Committee. Mr. Ward appealed to the Committee and the Hearing was conducted on October 8, 2008. Following the Hearing, the legislation allows 14 days for either party to appeal to the Superior Court of Justice. If no appeal is filed, the Order is deemed "Final and Binding" and therefore enforceable. Mr. Ward never availed himself of his right to further appeal and therefore the Order stands. The Property Standards By-law establishes minimum standards for ALL properties within the Municipality of Clarington. The Municipal Law Enforcement Division operates on a written complaint basis only as stipulated in the By-law. One of Mr Ward's repeated complaints is that there are several properties in worse shape than his. Staff does not deny that there are other problem properties within the Municipality, and these are each dealt with on a complaint basis. There is significant case law in the appeal courts to state that the fact that staff have not dealt with all properties does not bar, in any way, their ability to deal with the matter at hand. Until recently, Mr. Ward has not formally complained about other properties. Any formal complaints recently filed by Mr. Ward with the Municipal Law Enforcement Division have been documented and dispatched for action as per our standard protocol. Mr. Ward is very familiar with the appeal procedure as he has been through this before. As he chose to not proceed with an appeal to the Superior Court there is no apparent legal authority for Council to deal with a binding Order. That said, currently there is a valid Order against Mr. Ward's property. As part of that Order the property must be kept clean and free from all derelict vehicles. If Mr. Ward were to bring more derelict machinery onto the property, he would be in direct violation of the Order and subject to charges with a resulting fine that could reach a maximum of $50,000. Mayor & Members of Council - 3 - May 29, 2009 Costs: Upon execution of the Order on May 11th, the costs incurred for this property clean-up totalled $14,988.07 (which includes $13,615.09 for contractor fees and $1372.98 for Durham Regional Police but does not include related staff costs). Items removed from the property, with the exception of the vehicles, were removed and disposed of by the contractor. The four vehicles at issue were removed from the property through our contractor and were towed to Jim's Impound, Oshawa, where they will remain for thirty (30) days, following which they may be disposed of at their discretion. Mr. Ward has the option to retrieve the vehicles from the Impound within the thirty-day period, upon payment of the impound fees. Costs Details $460.00 Towing fee from Mr. Ward's property to Jim's Im ound $2,760.00 Impound fees accrued to June 2, 2009 based on $30 Ida. X 4 vehicles $460.00 return tow fee if council wishes $460.00 Conclusion: Should Council pass the resolution to return the four vehicles to Mr. Ward at the expense of the Municipality, the Municipality would then be facing two rather significant challenges; the first being the matter of derelict vehicles being stored on Mr. Ward's property, and the second being the perception of inequitable treatment. There is not sufficient storage space within any outbuilding for the subject vehicles on Mr. Ward's property and nor is there any means by which we may force him to build a garage large enough to house them. Therefore, by returning the vehicles, Council would then have Ward's property again displaying derelict vehicles in direct contravention of the By-law, the requirements of the Building Code Act, and the Order It is therefore recommended that prior to Council taking action on this matter that Council first seek an opinion from the Solicitor regarding any legal implications of returning the vehicles to Mr. Ward. Mr. Hefferon has been apprised of this matter and has indicated he will be in attendance at Monday's Council Meeting. CAG Enc. 1 ~1~1I llll~lllll lAl 11 ~~ .,.~,x fi nr~v ~ r FILE COPY ORDER REQUIRING COMPLIANCE PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23 ISSUED TO: RICHARD WARD 3709 REGIONAL ROAD 8 ORONO,ON LOB 1M0 MUNICIPAL ADDRESS: 3709 REGIONAL ROAD 9 ORONO,ON PIN: 267250002 LEGAL DESCRIPTION: CON 6 PT LOT 24 NOW RP 10R1937 PART 1 TO 3 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON HAVING AN INTEREST THEREIN. PURSUANT 70 SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1982 c.23 WHERE AS the property ducrlbed above hu been Inspected by a Property Standards Officer and found not to conform to the standards set out in Properly Standards Byelaw 2007-070: IT IS HEREBY ORDERED that the repairs and/or clean up described in schedule "A", which is attached hereto and forms part of this order, be effected at the property ducritzrd herein an or before JULY 15, 2008 using audable and sufficient materials and in a manner accepted as good workmanship in the trade cancemed. If this Order is not complied with within the time and in the manner specfiad, and in accordance with any permits required by law, the Corporation may carry out the requirements of this Order at the owner's expense and/or commence legal proceedings. You are hereby advised that if you are not satisfied with the terms or conditions of this Order, you may appeal to the Properly Standards Committee by sending a Notice of Appeal to the Secretary, Property Standards Committee at 40 Temperance Street, Bowmanville, Ontario, LiC 3AB, on or before JUNE 24, 2008 stating your grounds for appeal. In the evert no appal is taken within the prescribed period and in the manner specified above, the Order shall be deemed to be confirmed and shall ba ftnal and binding upon you punuard to Section 15.3(2) of the Act FILE: V08-13116 ISSUED ON: JUNE 4, 2008 SENT BY REGI TER MAIL ON: JUNE 4, 2008 Tom Vendresco C.P.S.O. Property Standards Officer Municipality of Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON d(1/ IIIL/1111 C1~I'111~011 ~~oe~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MUNICIPAL LAW ENFORCEMENT DNISION PROPERTY STANDARDS BY-LAW 2007-070 SCHEDULE"A" FILE: V08-13716 Section Nonconformides 1. 2.02 (t) Yard not kept clean and free of rubbish and debris. REMEDY: Remove and properly dispose of all rubbish and debris this includes but Is not limited to wood, scrap metal, plastic pails, plastlc containers, furniture, appliances, bricks, and concrete. 2. 2.02 (3) Yard not kept dean and free from derelict machinery, vehides, trailers, boats or vessels and any component parts thereof. REMEDY: All derelict vehicles to be removed from the property or brought into a 'roadworthy' condition that is licensed or capable of being licensed by virtue of a current valid Safety Standards Certificate having been issued for said vehicle and proof of Safety Certificate to be provided to Clarington's Municipal Law Enforcement Division. Remove and properly dispose of all component vehicle parts this includes but is not limited to vehicle batteries, engines, truck cabs, truck boxes, hoods, quarter panels, tail gates, exhaust systems, gas tanks, box linen, tlres and rims. 3. 2.02 (4) Yard not kept dean and free from derelict motor vehicles whether exposed to view ar covered by means of tarpaulin or other cover. REMEDY: Remove and properly dispose of all derelict motor vehicles on property. CORPORATION OF THE MUNICIPALITY OF CLARINOTON 1 d(ll ll /iLlllll Vl ~~~o THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MUNICIPAL LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 2007-070 SCHEDULE"A" FILE: V08-13716 Section Nonconfonnities 4. 2.17 Accessory buildings not maintained in a structurally sound condition and in good repair. REMEDY: Demolish bam on East aide of properly and all resulting debris to be properly dlaposed of. NOTE: A BUILDING PERMIT, DEMOLITION PERMR OR A PLUMBING PERMR MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, DEMOLRX)N, INSTALLATpN, ALTERATION OR REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY OF CLARINGTON BWL.DING DEPARTMENT AT (805) 8293379 BETWEEN THE HOURS OF 8:30AM3:30PM MONDAYFRIDAY EXCEPT HOLIDAYS CORPORATION OF THE MUNICIPALITY OP CLARINOTON