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HomeMy WebLinkAbout12/14/2009 Clarmgl......i.Oll Energizing Olllario" DATE: MONDAY, DECEMBER 14, 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 November 23, 2009 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Giuseppe Braccia - Situation - Trull's Road at Mitchell's Corners (Correspondence Item D - 3) b) Bob Kreasul - Maintenance of Port Darlington Marina Channel (Correspondence Item D - 14) c) Kythe Baldwin, Newcastle Minor Hockey Ice Convener - Shortfall of Ice Time in Newcastle (Correspondence Item D - 12) d) Richard Ward - Report PSD-116-09 - Amendment to Application Fees By-Law Planning and Development Applications (Item 5 of Report #1) COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22,2009 I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - December 14, 2009 I - 3 Minutes of the Durham Nuclear Health Committee dated November 20, 2009 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated November 17, 2009 1-5 Veronica Luton - Senior/Disabled Sidewalk/Windrow Snowclearing Program 1-6 Bob Malcolmson, CEO and General Manager, Greater Oshawa Chamber of Commerce - Indecision Is Destroying Opportunity for Canada to Create Jobs in the Nuclear Industry I - 7 Mayor David Miller, City of Toronto, Chair, C40 Large Cities Climate Leadership Group - Fight Against Climate Change I - 8 Lionel P. Hart - Seniors/Disabled Sidewalk/Windrow Snowclearing Program I - 9 Marie-Michele Laferriere, Manager of Programs and Outreach, Forum for Young Canadians - Forum for Young Canadians 2010 Program I - 10 Mayor Brian McMullan, City of St. Catharines - GST Exemption for Royal Canadian Legion Poppy Sales I - 11 Stan Kinsman, CEO, Managing Director, Renewable Energy Management Inc. - Notice of Commencement for Entrech-REM Wesleyville Project 1-12 P. M. Madill, Regional Clerk, Region of Durham - Further Delegation of Approval Authority to Approve Area Municipal Official Plan Amendments adopted under Section 26 of the Planninq Act 1-13 P. M. Madill, Regional Clerk, Region of Durham - The 2010 Solid Waste Management Servicing and Financing Study I - 14 Rob Messervey, Chief Administrative Officer, Kawartha Conservation - 2010 Preliminary Budget I - 15 C. R. Curtis, Commissioner of Works, Region of Durham - Durham/York Residual Waste Study I - 16 Association of Municipalities of Ontario Member Communication - Ministry of Environment Changes to Lead Sampling Requirements I - 17 Bruce Pearce, Chair, Land Use Council (LUC ) - Conservation Authorities 1- 18 Major Roland Murphy, Community and Family Service's Coordinator, The Salvation Army Bowmanville - Letter of Appreciation I - 19 Evaline Cook - Senior/Disabled Sidewalk/Windrow Snowclearing Program Council Agenda - 3 - December 14, 2009 Receive for Direction D - 1 D-2 D-3 0-4 D-5 0-6 D-7 0-8 0-9 0-10 0- 11 D - 12 0-13 0-14 D - 15 Mike and Carmen Gazo, Owners, Perfect Party Inc. - Sale of Fireworks - By-law 92-160 David Clark, Executive Vice President, Corporate Services and CFO, Veridian Connections Inc. - Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank Betty Massey - Situation on Trull's Road at Mitchell's Corners Michael Chan, Minister of Citizenship and Immigration - Ontario's Volunteer Recognition Programs for 2010 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism - Paul Yuzyk Award for Multiculturalism Joanne McFarland, Clarington Polar Bear Swim Organizer - 10th Annual Clarington Polar Bear Swim Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, (AACC)- Amendment to the Hiqhwav Traffic Act The Township of Madawaska Valley - Property Tax Assessment Sharon Watt, Federation of Canadian Municipalities (FCM) - Municipal Leadership on Climate Change Action Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief Committee - Request for Financial Assistance The Town of Niagara-On-The-Lake - Benefit-Sharing Agreement Kythe Baldwin, Newcastle Minor Hockey Ice Convener - Shortfall of Ice Time Sharon Vokes, County Clerk/Director of Council Services, Corporation of the County of Grey - Bill 150 Robert Kreasul - Port Darlington Marion Manders - 2010 Municipal Elections COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of December 7,2009 Council Agenda - 4 - December 14, 2009 STAFF REPORT(S) 1. Addendum to Report ESD-014-09 - Service Fee Amendments 2. Confidential Verbal Report of the Chief Administrative Officer Regarding Legal Matters BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS 1. Resolution #C-695-09 (Tabled by Council on November 23,2009) Moved by Councillor Trim, seconded by Councillor Novak "WHEREAS at a Special General Purpose and Administration Committee meeting held on Friday, November 20, 2009, for the purpose of the Director of Finance/Treasurer to present to Council and senior staff information pertaining to the 2010 municipal budget; AND WHEREAS the Director of Finance/Treasurer outlined conditions and costs for the proposed 2010 budget at this meeting; AND WHEREAS the breakdown as presented amounted to a proposed overall increase of 6.65% to cover the 2010 budget; AND WHEREAS the economic times that all taxpayers are currently facing for 2010 appear to be similar or even worse than 2009: NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON directs staff to make necessary adjustments to reflect a 2% to 3% plus new assessment growth increase for the 2010 budget." BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ClMilJgron Council Meeting Minutes November 23, 2009 Minutes of a regular meeting of Council held on November 23,2009, at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper clarified that his brother resides on a street which is subject to the recommendations contained in Item 8 of Report #1; however, the Municipal Conflict of Interest Act does not include a requirement to declare a conflict when the family member is a brother. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to the presentation of Bernard Nayman, the delegations of John Mutton, George Van Dyk, delegation (g) of Richard Ward and Staff Report #2. ANNOUNCEMENTS Councillor Hooper announced the following: . The Bowmanville Santa Claus Parade took place on Saturday, November 21, 2009, and was enjoyed by both youngsters and parents alike. Councillor Hooper extended appreciation to the event organizers. Council Meeting Minutes - 2 - November 23, 2009 . On Friday, December 4, 2009, the Historic Downtown Bowmanville Business Improvement Area will hold the Annual Tree Lighting Ceremony. . On Saturday, December 5, 2009, the public is invited to attend the Clarington Animal Shelter from 10:00 a.m. until 2:00 p.m. for the Annual Pet Photos with Santa event. . On December 13, 2009, the Clarington Older Adult Association, in partnership with the Bowmanville Lions Club, is hosting an open house holiday party. Donations to the local food bank would be appreciated. Councillor Woo announced the following: . On Saturday, November 21,2009, he attended the 172 Clarington Royal Canadian Air Cadet Squadron Mess Dinner and Extravaganza. . On November 27 to November 29,2009, "Christmas in Clarington Country", a mall-free shopping tour of Clarington, will take place offering one-of-a-kind crafts for Christmas. . On Friday, November 27,2009, the Opening Reception of the "Silent Night Silent Auction" will be held at the Visual Arts Centre of Clarington where 100 small paintings provided by local artists will be up for sale. Councillor Foster announced the following: . On Saturday he attended the opening of Durham Home Comfort, at 100 Waverley Road. . Kings Court Catering has opened Kings Court Pastry Boutique at 182 Wellington Street. MINUTES Resolution #C-672-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on November 9,2009, be approved. "CARRIED" PRESENT ATIONS Mayor Abernethy introduced Gord Miller, Environmental Commissioner of Ontario, to address Council on "The Role of the Environmental Commissioner and Current Issues". Mayor Abernethy noted that Mr. Miller has served as the Environmental Commissioner of Ontario since January 31, 2000, and that prior to his appointment, he worked for the Ontario Ministry of the Environment for 14 years as a scientist, manager of training and development, and as a district manager. He has direct experience with numerous environmental issues, including approval and inspection activities, municipal sewage, drinking water, solid waste management, hazardous waste, noise, air pollution and land use planning. Council Meeting Minutes - 3 - November 23, 2009 Mr. Miller addressed Council indicating he would be speaking about his Annual Report issued in October, his new responsibilities under the Green Economy Act and waste management issues. Mr. Miller clarified that he is an independent officer appointed by the Ontario Legislative Assembly to monitor and report annually on government compliance with the Environmental Bill of Rights. Mr. Miller addressed ecological resilience, how a system relates and responds to disturbances, and the need to ensure that systems can withstand shocks in planning reform and land use planning. He noted in 2010, the Provincial Policy Statement is set for review and urged Council to pursue changes in the Planning system. Mr. Miller discussed the need to protect diversity and resources, for example, how the government manages soil erosion and the need to come up with better ways. He also addressed resilience in infrastructure noting changes to the Environmental Assessment process to facilitate transit development. Mr. Miller discussed his Annual Report to the Legislature including changes to the Green Economy Act which now require that he report on initiatives in Ontario to reduce the use or to make more efficient use of energy and to report on barriers in reducing energy that may be found in Acts or Regulations in Federal or Provincial policy or Municipal by-laws. Mr. Miller indicated his first report will be presented at the end of 2010 and that he looks forward to working with Municipalities and distribution companies. Mr. Miller discussed waste management issues indicating there is no Provincial Strategy governing waste management in Ontario. He noted municipalities govern residential waste and even though the public aspires to reduce, recycle and reuse, the municipality is left with 40% residual waste. Mr. Miller stated in Ontario, we are faced with two bad options -landfill technologies that encompass environmental liability that stretches forward to future generations or the family of combustion or thermalization technology that emits pollutants in real time. Mr. Miller stated the old incineration technology was extremely poor but the European technology is vastly better. He acknowledged that there are emissions but they are not in the order of the old technology and that Council and the public should trust the Ministry of the Environment, the engineering technology and the approval standards and to insist the Province maintain the highest standards. Mayor Abernethy acknowledged John O'Toole, MPP, Durham, in attendance this evening. Mayor Abernethy stated a pecuniary interest with respect to the presentation of Bernard Nayman regarding Report CLD-026-09 Compliance Audit - John Mutton as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Council Meeting Minutes - 4 - November 23, 2009 Deputy Mayor Trim chaired this portion of the meeting. Bernard Nayman addressed Council to present his findings regarding the Compliance Audit of John Mutton (Report CLD-026-09 - Compliance Audit - John Mutton). Mr. Nayman stated the compliance audit was conducted in accordance with Section 81 (6) of the Municipal Elections Act and performed with Canadian generally accepted auditing standards. Mr. Nayman provided an overview of the report, highlighted apparent contraventions of the Act with respect to contributions, expenses and municipal resources, responded to applicant complaints and audit findings. Mr. Nayman summarized the audit findings indicating that the audit determined that there were 34 instances of apparent contraventions of the Act. Mayor Abernethy resumed the Chair. DELEGATIONS Roslyn Houser, Goodmans LLP, Solicitor on behalf of West Diamond Properties Inc. and Players Business Park Ltd., addressed Council concerning Staff Report #3- Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. Ms. Houser indicated her clients support the recommendations in the staff report and thanked staff for their diligence and co-operation with respect to this matter. Ms. Houser advised that she was here this evening to answer questions Members of Council may have. Chuck MacDonald addressed Council on behalf of the West Beach Association, concerning Staff Report #4 - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District, Park - Parts 1,2,3,4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341. Mr. MacDonald indicated that three of these cottages were built in the 1920s or before and the same families have lived in the cottages up to this point. He noted the beach is a close-knit community with many families moving to the beach for the summer season each year. Mr. MacDonald indicated that the cottagers in the seven cottages age between 60 to 90 years, most are retired and would like to spend more time at the cottage and to remain until the infrastructure for the park is in place. Mr. MacDonald thanked staff and Members of Council for their professionalism in dealing with their inquiries and hoped that an amicable solution for all could be found. Council Meeting Minutes - 5 - November 23, 2009 Edwin Bounsall addressed Council concerning Staff Report #4 - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park- Parts 1,2,3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 indicating that all but one of the cottage owners were present this evening and are in favour of the Report as far as it goes. Mr. Bounsall stated that they have asked for lifetime leases which, due to their ages, would not last forever, and failing that have suggested that consideration be given to five-year leases with potential for renewal reviewed at that time. Mr. Bounsall suggested an amendment be made to the recommendation that would not preclude further rental agreements or leases beyond 2010, which would then provide the opportunity for further consultation. Emily Pillinger addressed Council concerning Correspondence Item 0 - 2 - Request for Amendment to By-law to Licence, Regulate or Permit Certain Animals. Ms. Pillinger is proposing that the municipality amend By-law 93-161 to permit single- family homes to keep 3 to 6 laying hens for household egg gathering. Ms. Pillinger stated in this time of economic hardship and push towards 'greener' living, the keeping of hens would help sustain local food systems. She indicated many communities allow the keeping of hens and that chickens have been kept in urban areas for thousands of years. Ms. Pillinger highlighted the advantages of keeping chickens noting they do not pose a public health risk and legal chickens will not increase the need for animal control. Ms. Pillinger urged Council to consider her request and distributed information on the keeping of backyard chickens. Resolution #C-673-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the meeting recess for ten minutes. "CARRIED" The meeting reconvened at 9:05 p.m. Mayor Abernethy stated a pecuniary interest with respect to the delegations of John Mutton, George Van Dyk and Richard Ward regarding Report CLD-026-09 Compliance Audit - John Mutton as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. Council Meeting Minutes - 6 - November 23, 2009 John Mutton addressed Council concerning Staff Report #2 - Report CLD-026-09 - Compliance Audit - John Mutton. Mr. Mutton stated this audit is the third audit that has been performed on his election campaign expenses and questioned how much money has been spend on this issue to date. He advised that he is a defeated candidate who is happy in the private sector. Mr. Mutton expressed concern with certain findings of the audit with respect to the list of "associated corporations", with the listing of Panoz Motor Sports as an ineligible contributor, the assumption of the number of election signs and the reallocation of gifts of appreciation to payment of election staff. George Van Dyk addressed Council concerning Staff Report #2 - Report CLD-026-09 - Compliance Audit - John Mutton. Mr. Van Dyk stated the audit report completely vindicates and exonerates the individuals who requested the audit be performed as it indicates there were 34 apparent contraventions of the Act regarding contributions and expenses. Mr. Van Dyk feels that the total amount of municipal resources spent on the election campaign should be returned to the taxpayers of Clarington. He advised the individuals who requested the audit have spent more than $11,000 and reminded Council that they have 30 days from receiving this report to act upon it. Mr. Van Dyk questioned whether Council will have charges laid against Mr. Mutton or if they will rely on the complainants to take this matter to court. Richard Ward addressed Council concerning Staff Report #2 - Report CLD-026-09 - Compliance Audit - John Mutton. Mr. Ward stated the audit performed by Mr. Nayman of Mr. Mutton's 2006 Election Financial campaign confirms that he was correct in his challenge of Mr. Mutton's 2003 Election campaign as there is a duplication of many associated corporations that he had previously challenged. Mr. Ward stated these are indictable offences and that prosecution is in order. Mayor Abernethy resumed the Chair. Richard Ward addressed Council concerning the Presentation of Gord Miller, Environmental Commissioner of Ontario. Mr. Ward expressed concern that the Deer Creek Golf Course was taking water without a permit during the construction of the Ajax Water Treatment facility and contaminating west Ajax and Pickering. Mr. Ward stated he contacted numerous agencies including the Environmental Commissioner, the Medical Officer of Health and the police services with no resolve. Mr. Ward stated 20% of the $6 million value was paid by Clarington and that the golf course should be invoiced for this amount. Council Meeting Minutes - 7 - November 23, 2009 COMMUNICATIONS Resolution #C-674-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 7 and 1-12. "CARRIED" I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 10,2009. I - 2 Minutes of the Clarington Heritage Committee dated October 20, 2009. I - 3 Minutes of the Tyrone Community Centre Hall Board dated October 21,2009. I - 4 Minutes of the Clarington Agricultural Advisory Committee dated November 12, 2009. I - 5 Minutes of the Clarington Accessibility Advisory Committee dated November 4,2009. I - 6 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has sent to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, regarding the future of the Ontario Municipal Partnership Fund (OMPF) for 2010; requesting what steps the Province is taking to ensure municipalities continue to receive fair funding from the Province and indicating he has encouraged the Minister to continue to provide OMPF funding in the upcoming fiscal year; and, questioning what the Government's plans are for the future of the OMPF, including the Combined Benefit Stable Funding Guarantee. Council Meeting Minutes - 8 - November 23, 2009 I - 8 Alan Latourelle, Chief Executive Officer, Parks Canada, responding to Council's correspondence to the Honourable Jim Prentice, Minister of the Environment regarding "It's All About the Water", the report of the Panel on the Future of the Trent-Severn Waterway; outlining the Federal Government's action plan for the renewal of the Trent-Severn Waterway National Historic Site of Canada, part of Parks Canada's nation-wide network of national parks, marine conservation areas and historic sites; attaching background information and news releases regarding the initiative; and, indicating the renewal will help to ensure Canada's cultural and natural heritage are protected for the enjoyment, education, and appreciation of all Canadians, today and in the future. 1-9 Annie Roy, Senior Communications Advisory, Canadian Environmental Assessment Agency, forwarding News Releases dated October 30 and November 2,2009, announcing the establishment of a three-member joint review panel to consider the environmental assessment and the licence application to prepare a site for the proposed Darlington New Nuclear Power Plant Project at the existing Darlington Nuclear site in Clarington; and advising of the appointment of Alan R. Graham as Panel Chair, and Jocelyne Beaudet and Joseph Kenneth Pereira as Panel Members and attaching biographical information on the panel chair and members; and, announcing that the Canadian Environmental Assessment Agency has awarded funding to Lake Ontario Waterkeeper, Clarington Board of Trade, Northwatch Coalition for Environmental Protection, Safe and Green Energy Peterborough and Movement Vert Mauricie to support their participation in the environmental assessment process. Further information is available on the Canadian Environmental Assessment Agency's website at www.ceaa-acee.qc.ca or on the Canadian Environmental Assessment Registry on the Agency's website under reference 07-05-29525. 1- 10 John R. O'Toole, MPP, Durham, advising of the introduction of the Good Government Act, Bill 212, introduced in the legislature on October 27, 2009; forwarding a summary of the provisions of the legislation with regard to matters associated with Municipal Elections; and, indicating that Council's comments and/or resolutions adopted regarding the proposed changes to the local elections process would be appreciated. Council Meeting Minutes - 9 - November 23, 2009 I - 11 John R. O'Toole, MPP, Durham, forwarding correspondence from the Federal Minister of Finance in response to Mr. O'Toole's inquiry regarding the timetable for completing the eastward extension of Highway 407; highlighting details of the FLOW initiative, an agreement between the Federal and Provincial governments to improve transportation infrastructure in the Greater Toronto Area (GT A); and, indicating as part of FLOW, the Province has given its commitment to complete the eastward extension of Highway 407 to Highway 35 & 115 by the year 2013. I - 7 Association of Municipalities of Ontario (AMO) Member Communication dated November 6,2009, advising of the Province's intention to move to pass a regulation that will extend compensation for certain types of cancers or heart damage suffered within 24 hours of responding to an emergency that is presumed to be the result of employment in municipal fire service to volunteer and part-time firefighters and fire investigators. Resolution #C-675-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item I - 7 from the Association of Municipalities of Ontario (AMO), with respect to Presumptive Legislation for Volunteer and Part- time Firefighters, be received for information and referred to the Director of Corporate Services and Human Resources and the Director of Emergency and Fire Services. "CARRIED" I - 12 Dave Selby, Director of Corporate Communications, Durham Regional Police Service, announcing the opening of a Regional Collision Reporting Centre (CRC) by Accident Support Services Ltd. in partnership with the Durham Regional Police Service (DRPS) at 650 Rossland Road, Whitby; indicating the one-stop service opportunity will facilitate the reporting of non-injury collisions and free up valuable time for police to attend higher priority calls by providing a service for citizens to exchange information, have up to 24 hours to report property damage-only collisions, and have the services of a trained professional staff member to help them complete the colli.sion report, direct them to police personnel as needed, photograph the damage to the vehicle and offer them the opportunity to contact their family, broker or insurance company directly; and, indicating that further information on Accident Support Services Ltd. is available on their website at www.accsupport.com. Council Meeting Minutes - 10- November 23, 2009 Resolution #C-676-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item 1- 12 from Dave Selby, Durham Regional Police Service, with respect to the expansion of Accident Support Services Ltd., be received for information and referred to the Manager of Communication and Marketing. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-677 -09 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Items 0 - 3 and D - 4 be approved as per the agenda. "CARRIED" 0-3 Larissa Watson, requesting Council's support in legalizing backyard hens as many other Canadian and American cities have done without issue; outlining the health and environmental benefits of raising hens in Clarington; and, suggesting that as Clarington is a leader in environmental and health initiatives, including local food, backyard hens are a perfect fit. (Correspondence referred to the Municipal Clerk) D - 4 Julia Bezubiak expressing concern with the amount of traffic at King Avenue and Beaver Street and the inability of pedestrians to safely cross the street; acknowledging that there has been one fatality and another person injured as a result of this dangerous intersection; questioning the reasoning behind decisions to install traffic signals at Mill Street and Andrew Street when there are traffic lights one block further south and the response that traffic signals are not warranted at King Avenue and Beaver Street due to the proximity of the signals one block away; and, also expressing concern with construction/land clearing behind her father's home for a possible commercial use and the potential for the rear of the property to be used for parking. (Correspondence referred to the Director of Engineering Services and the Director of Planning Services) Council Meeting Minutes - 11 - November 23, 2009 D - 1 Jon Scharf proposing the idea of building a carpool parking lot in Bowmanville to promote carpooling and to help to reduce greenhouse gases. The correspondence indicates that most other communities east of Bowmanville have carpool lots in close proximity to Highway 401 and Mr. Scharf feels that such a lot would be well used by area residents who commute daily to other areas of the GT A. Resolution #C-678-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Correspondence Item D - 1 from Jon Scharf, with respect to a carpool parking lot in Bowmanville, be referred to the Director of Engineering Services. "CARRIED" o - 2 Emily Pillinger requesting an amendment to the by-law regulating the licensing, regulating or permitting of certain animals within the Municipality of Clarington to permit the keeping of chickens in urban areas; indicating that urban hen husbandry plays an essential role in the creation of sustainable local food systems and that chickens are personable pets; and, proposing that single-family homes be permitted to keep three to six laying hens for household egg gathering. Resolution #C-679-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 2 from Emily Pillinger, with respect to an amendment to the Exotic Pet By-law, be referred to the Municipal Clerk, the Director of Planning Services and the Clarington Agricultural Advisory Committee for comment. "CARRIED" D - 5 Stephane Thiffeault, (A) General Manager, Corporate Services, County Clerk, County of Lambton, advising Council that on October 7, 2009, the County of Lambton adopted the following resolution pertaining to a Moratorium on Major Health Care Restructuring: "WHEREAS the Health and Long-Term Care Minister recently appointed a Small and Rural and Northern Health Care Panel to review and better coordinate access to health care services in Rural and Northern Ontario; Council Meeting Minutes - 12 - November 23, 2009 WHEREAS to call for a moratorium on the restructuring of 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. The Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians have endorsed this call; 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 Lambton County Council 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 and/or restructuring 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 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; 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 rural 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 health care needs of the local population; 6. The implementation of a system to ensure accessibility to regional services (London) that are deemed necessary to support local delivery systems; Council Meeting Minutes - 13 - November 23,2009 7. The implementation of standards regarding EMS availability in the event of a closure of an emergency department; THAT a copy of this resolution be sent to all small, rural and northern Municipalities in the Province of Ontario for support; and further, THAT the Ontario Ombudsman and Auditor General are so notified of this action as well as all other appropriate person and local Members of Parliament." Resolution #C-680-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the County of Lambton, with respect to a Moratorium on Major Health Care Restructuring, be received for information. "CARRIED" D - 6 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council that on October 28, 2009, the City of Ottawa adopted the following resolution pertaining to an amendment to the Hiqhway Traffic Act: "WHEREAS the Province of Ontario's Hiqhway Traffic Act, R.S.O. 1990, is a consolidated statute governing traffic regulations; AND WHEREAS Section 128(1 )(a) establishes a default speed limit (without signs) by providing that no person shall drive a motor vehicle at a rate of greater than 50 km/h on a highway within a local municipality or within a built-up area; AND WHEREAS legislation does not allow municipalities in Ontario the right to create and apply an unsigned default city-wide speed limit of other than 50 km/h; AND WHEREAS legislation does not allow municipalities in Ontario to establish speed limits other tohan the Provincial default speed limit through a by-law, provided that those municipal speed limits are signed in accordance with existing requirements; AND WHEREAS the City of Ottawa would like the ability to set its own unsigned default speed limit on local roads in residential communities; AND WHEREAS it is anticipated that other municipalities in Ontario may be experiencing similar issues now or in the future; Council Meeting Minutes - 14 - November 23, 2009 AND WHEREAS there are benefits to having a co-ordinated approach to the Ministry of Transportation of Ontario asking for legislation to allow Ontario municipalities to set their own unsigned default speed limit on local roads in residential communities; THEREFORE BE IT RESOLVED THAT City Council approve the following: (1) That the City of Ottawa ask municipalities in Ontario with a population over 50,000 and the Association of Municipalities of Ontario for their support for an amendment to the Hiqhway Traffic Act. R.S.O. 1990 to permit municipalities, on local roads in residential communities: (a) to set their own default speed limits (unsigned); or (b) in the alternative, to set alternative default speed limits with limited signage (gateway signs) at the entrances to these residential communities; (2) That municipalities in Ontario who support the request as shown in (1) respond, via Council resolution, to the City of Ottawa by 28 February 2010; and (3) That following the receipt of responses from municipalities in Ontario, staff petition the Ministry of Transportation of Ontario for amendments to Highway Traffic Act as shown in (1) and report back to Council on progress made on this issue by the end of Q2 2010." Resolution #C-681-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the City of Ottawa, with respect to an amendment to the Hiqhway Traffic Act, be received for information. "CARRIED" Council Meeting Minutes - 15 - November 23, 2009 D - 7 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising Council that on November 2,2009, the Town of Whitby adopted the following resolution pertaining to 2010 Election Timeline Changes: "1. THAT Council of the Corporation of the Town of Whitby advise the Minster of Municipal Affairs and Housing, the Standing Committee of the Legislature examining Bill 212 and Christine Elliott, MPP, that it recommends Bill 212 be amended to provide that any current surplus being held in trust by a municipality on behalf of a candidate be forfeited to the municipality in question immediately and not after the 2010 election; 2. THAT the four-year term of office for Council be amended to commence the third Monday in November following the 2010 election and each regular election thereafter; and, 3. THAT the Clerk advise the Regional Municipality of Durham and the area municipalities within Durham Region and the Association of Municipalities of Ontario of Council's position and request their support." Resolution #C-682-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Town of Whitby, with respect to the 2010 Election Timeline Changes, be received for information. "CARRIED" D - 8 David Kelly, Chair, Clarington Accessibility Advisory Committee, (CAAC) advising Council that the CAAC endorsed the following recommendation of Durham Regional Council regarding the Highway 407 East Completion Draft Environmental Assessment Report which was referred to the CAAC by Clarington Council on October 14, 2009: "THAT the Accessibility Advisory Committee forward a letter to the Minister of Transportation with respect to the Preliminary Design and Class Environmental Assessment Study for the widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby requesting that the design and construction of the Henry Street, Lake Ridge Road and Brock Street replacement bridges include adequate provision to accommodate persons with disabilities to ensure their safety when crossing these bridges; Council Meeting Minutes - 16 - November 23, 2009 AND FURTHER THAT in order to assist persons with physical disabilities the Ministry of Transportation be urged to work closely with the Region to ensure that the design for the sidewalks on the bridges meet the proposed standard within the Accessibility for Ontarians with Disabilities Act (AODA) legislation being a minimum width of 1.8 meters; AND FURTHER THAT a copy of this resolution be forwarded to the area municipalities." Resolution #C-683-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Region of Durham, with respect to the Highway 407 East Completion Draft Environmental Assessment Report, be referred to the Director of Engineering Services and the Ministry of Transportation. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report November 16, 2009. Resolution #C-684-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 16, 2009, be approved. "CARRIED" STAFF REPORTS Resolution #C-685-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CAO-011-09 be received for information. "CARRIED" Council Meeting Minutes - 17 - November 23, 2009 Mayor Abernethy stated a pecuniary interest with respect to Staff Report #2 - Report CLD-026-09 Compliance Audit - John Mutton as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. Resolution #C-686-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-026-09 be received; THAT no further action be taken with respect to the compliance audit report of John Mutton's 2006 mayoral campaign; and THAT John Mutton, Don and Cynthia Prout, George Van Dyk, Sean Keane and Richard Ward be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Mayor Abernethy '-J Councillor Foster '-J Councillor Hooper --.j Councillor Novak '-J Councillor Robinson '-J Councillor Woo --.j Councillor Trim '-J Mayor Abernethy resumed the Chair. Resolution #C-687 -09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-111-09 be received; Council Meeting Minutes - 18 - November 23, 2009 THAT the Mayor and Municipal Clerk be authorized by By-law, on behalf of the Municipality, to execute the Memorandum of Understanding referred to in Section 11.3 of Report PSD-111-09 between Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Municipality of Clarington which contains terms and conditions to protect the Municipality's interests satisfactory to the Directors of Planning Services and Engineering Services and a Postponement Agreement with the same parties and the Royal Bank of Canada; THAT application for Official Plan Amendment COPA 2009-0002 be considered approved in the context of the modifications to OPA 60 approved by Council on October 26,2009 and that the file be closed; THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 2 by the parties to it and the Postponement of the rights of the Royal Bank of Canada, Council request that after the Ontario Municipal Board has issued its Decision-Order approving Official Plan Amendment No. 60 as modified, the Ontario Municipal Board be requested to: a) approve Draft Plan of Subdivision S-C-2004-004 as revised and dated November 10, 2009 contained in Attachment 2 subject to the Conditions of Draft Approval contained in Attachment 4 to Report PSD-111-09; and b) enact Zoning By-law Amendment ZBA 2009-167, contained in Attachment 5 to Report PSD-111-09. THAT the Mayor and Municipal Clerk be authorized, by By-law (Attachment 6 to Report PSD-111-09), to execute a Subdivision Agreement on behalf of the Municipality for each phase of development between the Owner and the Municipality of Clarington, at such time as the Agreement has been finalized to the satisfaction of the Director of Engineering Services and Director of Planning Services; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-111-09 and Council's decision; and THAT all interested parties listed in Report PSD-111-09 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-688-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-112-09 be adopted; Council Meeting Minutes - 19 - November 23, 2009 THAT an offer of a total of $775,000.00 as the market value compensation on the Valuation Date for the Port Darlington Harbour Company interest in the lands identified as Parts 1, 2, 3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 at the terminus of West Beach Road, Bowmanville, which have been expropriated, be approved; THAT the Director of Planning Services be authorized to send a letter to Port Darlington Harbour Company offering it as the registered owner $775,000.00 for its interest in the expropriated lands; THAT offers to the owners of the cottages listed in Schedule 1 to Report PSD-112-09 (Attached), totaling $19,221.00 as the market value compensation on the Valuation Date for the leasehold interests in the lands on which the cottages on Lots 2, 5, 6, 10, 15, 17,36 and 39 on Plan 345 are located, be approved; THAT the Director of Planning Services be authorized to send letters to the cottage owners as listed in Schedule 1 to Report PSD-112-09 offering the owners the compensation noted on Schedule 1 to Report PSD-112-09 for their leasehold interests in the expropriated lands; THAT a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are terminated on December 31,2010 pursuant to the Residential Tenancies Act, 2006 so that their residential units can be converted to use for a purpose other than residential purposes; THAT payment of one year's rent, $1800.00, be made to each of the owners of the cottages listed in Schedule 1 to Report PSD-112-09 as required by the Residential Tenancies Act, 2006; THAT the Director of Planning Services be authorized to continue discussions with the owners of cottages on Lots 2,5,6,10,15,17,36 and 39 on Plan 345 regarding the purchase of the cottages by the Municipality and/or arrangements respecting the relocation of the cottages to other lands and report back at a later date; THAT a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality to issue notices that the leases of the residential units on Lots 1 and 11 on Plan 345 are terminated on the day that is 120 days after notice is given, ending with the last day of the tenancy or the term in question; so that these can be converted to a use for a purpose other than residential premises; THAT the payment of compensation to each of the tenants of the residential units referred to Recommendation 9 in amounts equal to three month's rent as required under the Residential Tenancies Act, 2006 be authorized; Council Meeting Minutes - 20- November 23, 2009 THAT a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant Board pursuant to the" Residential Tenancies Act, 2006 to terminate the tenancies referred to in Recommendations 6 and 9 and evict the tenants; THAT the Director of Planning Services be instructed to advise The Andre Wiggers Construction Company Limited that any authority it may have been given by Port Darlington Harbour Company to enter into tenancy agreements respecting the expropriated lands is terminated; THAT the Manager of Municipal Law Enforcement be instructed to take all necessary actions to have the trailer presently stored on the expropriated lands removed; That the Director of Operations be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company and referred to in paragraph 2.13; THAT the Director of Operations be authorized to demolish the buildings on Lots 1 and 11 when the termination and eviction orders of the Landlord and Tenant Board referred to in Recommendation 11 have been complied with; That the Director of Planning Services, the Municipal Solicitor, the Municipal Clerk and the Treasurer are authorized to take all necessary actions to implement the intent of Report PSD-112-09; and THAT all interested parties be notified of Council's decision. "CARRIED LATER IN THE MEETING" Resolution #C-689-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT the foregoing Resolution #C-688-09 be amended to add the words 'which does not preclude further leases or rental agreements beyond December 31,2010' following the word 'purposes' in Part 6 of the recommendation and following the word 'residential' in Clause 1 of the By-law attached to Report PSD-112-09 as Attachment 6. "MOTION WITHDRAWN" Council Meeting Minutes - 21 - November 23, 2009 Resolution #C-688-09 was then put to a vote and "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ~ Councillor Hooper ~ Councillor Novak -.J Councillor Robinson ~ Councillor Trim ~ Councillor Woo -.J Mayor Abernethy ~ Resolution #C-690-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-070-09 be received; THAT Miller Paving Umited, Gormley, Ontario with an approximate annual value of $42,000.00, being the lowest responsible bidder meeting all terms, conditions, and specifications be awarded the Municipality of Clarington requirements for Co-operative Tender T-283-2009 Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes for a one year term; THAT pending satisfactory pricing and service the contract be extended for two additional one year terms; and THAT the funds required be drawn from the Department of Operations various current operating accounts. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. Council Meeting Minutes - 22- November 23,2009 UNFINISHED BUSINESS Resolution #C-691-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the presentation of Gord Miller, Environmental Commissioner of Ontario, be received with thanks. "CARRI ED" Resolution #C-692-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Richard Ward, with respect to the presentation of Gord Miller, Environmental Commissioner of Ontario, be received with thanks. "CARRIED" BY-LAWS Resolution #C-693-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-157 to 2009-166 inclusive; 2009-157 Being a By-law to authorize the execution of a Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and Corporation of the Municipality of Clarington 2009-158 Being a By-law to being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Creek Developments Inc.) 2009-159 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Eagleson Construction, Millbrook, Ontario, to enter into agreement for High Street, First Street, Third and Fourth Street Reconstruction, Bowmanville, Ontario Council Meeting Minutes 2009-160 2009-161 2009-162 2009-163 2009-164 2009-165 2009-166 - 23- November 23, 2009 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and On the Edge, Courtice, Ontario, to enter into agreement for the lease space at Garnet B. Rickard Recreation Complex, 2440 King Street West, Bowmanville, Ontario & South Courtice Arena, 1595 Prestonvale Road, Courtice, Ontario to operate a Pro-shop Being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees Being a By-law to establish a fee for Marriage Licenses for the Municipality of Clarington and to repeal By-law 2002-008 Being a By-law to establish a Code of Conduct for Members of Council Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue Notices of Termination pursuant to the Residential Tenancies Act, 2009 to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective ground leases are terminated on December 31,2010 Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue a Notice of Termination pursuant to the Residential Tenancies Act, 2006 to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated the day that is 120 days after notice is given ending with the last day of the tenancy or the term Being a By-law to authorize the execution of a Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington; and THAT the said by-laws be now read a first, second and third time and finally approved. NOTICE OF MOTION "CARRIED" There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Council Meeting Minutes - 24- November 23, 2009 Resolution #C-694-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow the introduction of a motion pertaining to the 2010 Municipal Budget. "CARRIED" Resolution #C-695-09 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS at a Special General Purpose and Administration Committee meeting held on Friday, November 20, 2009, for the purpose of the Director of Finance/Treasurer to present to Council and senior staff information pertaining to the 2010 municipal budget; AND WHEREAS the Director of Finance/Treasurer outlined conditions and costs for the proposed 2010 budget at this meeting; AND WHEREAS the breakdown as presented amounted to a proposed overall increase of 6.65% to cover the 2010 budget; AND WHEREAS the economic times that all taxpayers are currently facing for 2010 appear to be similar or even worse than 2009: NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON directs staff to make necessary adjustments to reflect a 2% to 3% plus new assessment growth increase for the 2010 budget. "TABLED" Resolution #C-696-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the foregoing Resolution #C-695-09 be tabled until the next Council meeting. "CARRIED" Councillor Trim suggested that the City of Toronto be contacted regarding the use of the Kendal and Bowmanville Baseball Diamonds for either practices or games during the 2012 PANAM Games. Council Meeting Minutes - 25- November 23, 2009 Councillor Trim questioned what measures could be taken to address the issue of coyotes preying on farm animals and the damage occurring in the farming and residential community. The Municipal Clerk stated to date, the municipality has paid $111,436.11 in livestock claims compared to $83,321.09 in 2008. She advised the Ministry of Natural Resources is aware of the significant amount of damages the Municipality is incurring and representatives of the Ministry have been invited to the Clarington Agricultural Advisory Committee meeting in February, 2010. Mayor Abernethy suggested the Ministry of Natural Resources be invited to make a presentation to Council and that his office would send a letter to the organizers of the PANAM games regarding the potential for use of Clarington facilities during the Games. Councillor Robinson endorsed the suggestion regarding using Clarington facilities during the PANAM Games but requested that the user groups be contacted to ensure that the fields would be available. Councillor Hooper issued a reminder that the Holiday Train will be coming to Clarington on November 30th. The event will showcase top notch entertainment and members of the public are encouraged to attend and to bring a food item in support of Clarington food banks. Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Deputy Mayor Trim chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-697 -09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-167 being a by-law to confirm the proceedin~s of the Council of the Municipality of Clarington at a regular meeting held on the 23r day of November, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes ADJOURNMENT Resolution #C-698-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 10:31 p.m. "CARRIED" - 26- November 23, 2009 MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS December 14, 2009 a) Giuseppe Braccia -Situation - Trull's Road at Mitchell's Corners (Correspondence Item D - 3) b) Bob Kreasul - Maintenance of Port Darlington Marina Channel (Correspondence Item 0 - 14) c) Kythe Baldwin, Newcastle Minor Hockey Ice Convener - Shortfall of Ice Time in Newcastle (Correspondence Item 0 - 12) d) Richard Ward - Report PSD-116-09 - Amendment to Application Fees By-Law Planning and Development Applications (Item 5 of Report #1 ) SUMMARY OF CORRESPONDENCE December 14,2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22,2009. (Copies attached) I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 15, 2009. (Copy attached) I - 3 Minutes of the Durham Nuclear Health Committee dated November 20, 2009. (Copy attached) I - 4 Minutes of the Central Lake Ontario Conservation Authority dated November 17, 2009. (Copy attached) I - 5 Veronica Luton, expressing concern with the $60 administrative fee for the Senior/Disabled Sidewalk Windrow Snowclearing Program; advising she and her husband were unaware the program was before Council for discussion as they do not receive the local newspaper; and, indicating that with all the increases they have been faced with on their fixed income, they will not be participating in this year's program. I - 6 Bob Malcolmson, CEO and General Manager, Greater Oshawa Chamber of Commerce, forwarding correspondence he sent to Prime Minister Steven Harper and Premier Dalton McGuinty expressing concern that Ontario's delay in its decision on the Darlington N"uclear facility has crippled Canada's prospects for selling its technologies abroad; stressing the effects are much broader than just the challenge in selling reactors and affects the credibility of 150 Canadian companies; expressing concern that foreign firms have already commenced hiring some of the best from the Canadian Nuclear Energy Industry; and, urging the Federal and Provincial governments to support Canada's potential for greatness and not to delay these decisions any longer. Summary of Correspondence - 2 - December 14, 2009 I - 7 Mayor David Miller, City of Toronto, Chair, C40 Large Cities Climate Leadership Group, an organization of the world's largest cities committed to tackling climate change, advising more than 100 cities from around the world will showcase their major initiatives to reduce greenhouse gas emissions in Denmark at the Copenhagen Summit for Mayors taking place from December 14 to December 17, 2009; forwarding a copy of the submission of the Environmental Integrity Group (EIG), an alliance of Switzerland, the Republic of Korea, Mexico, Monaco and Liechtenstein, highlighting the valuable role cities are playing in the fight against climate change and suggesting key recommendations; and, urging Council to write to the Prime Minister requesting the Federal Government to support the EIG proposal in Copenhagen. I - 8 Lionel P. Hart, criticizing Council on their decision to implement a $60 administration fee on the Seniors/Disabled Snowclearing Services as many of Clarington's seniors who require the service are widows, veteran's widows and widowers who have paid taxes to the municipality for over fifty years and who live on fixed incomes and this fee will further strain their limited budgets. 1-9 Marie-Michele Laferriere, Manager of Programs and Outreach, Forum for Young Canadians, advising applications for the Forum for Young Canadians, a week-long program for young Canadians to be introduced to national democratic institutions and decision making, are currently being accepted for the 2010 sessions; providing information on participation costs, the selection process and criteria; and, highlighting the benefits for Clarington to send a youth representative to the Foru.m for Young Canadians. 1- 10 Mayor Brian McMullan, City of St. Catharines, expressing support for the Private Members Bill introduced by Weiland MP Malcolm Allen requesting that the Royal Canadian Legion be exempt from GST on the purchase of red lapel poppies and forwarding correspondence to Prime Minister Stephen Harper urging the Federal Government to support veterans, their families and the Royal Canadian Legion by removing the 5% GST charged on poppies. Summary of Correspondence - 3 - December 14, 2009 I - 11 Stan Kinsman, CEO, Managing Director, Renewable Energy Management Inc., forwarding a Notice of Commencement of an Environmental Screening under the Environmental Assessment Act for the construction of a Material Recycling and Advanced Conversion Gasification Facility in Wesleyville, Ontario and requesting to be advised if the municipality would like to continue to receive information regarding this project as Clarington has been identified as potentially having an interest pertaining to this Study Area. 1-12 P. M. Madill, Regional Clerk, Region of Durham, writing to Victor Doyle, Ministry of Municipal Affairs & Housing, advising that on November 25,2009, Regional Council adopted the following resolution pertaining to further delegation of approval authority to approve area Municipal Official Plan Amendments adopted under Section 26 of the Planninq Act: "a) THAT the Regional Solicitor be instructed to prepare the necessary by-law to amend By-law 17-98 to permit the Regional Commissioner of Planning to approve area municipal official plan amendments adopted under section 26 of the Planninq Act; b) THAT the above-referenced by-law be passed by Council at its meeting on November 25,2009; and c) THAT a copy of Report #2009-P-74 of the Commissioner of Planning be forwarded to the Area Municipalities and the Ministry of Municipal Affairs and Housing for their information." I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on November 25, 2009, Regional Council adopted the following resolution pertaining to the 2010 Solid Waste Management Servicing and Financing Study: "Reqional Solid Waste Manaqement 70% Diversion Plan a) THAT the Joint Works and Finance and Administration Committee recommend the following in support of the Regional waste diversion program, based upon the Council approved Property Tax Guideline of a 0.1 % tax impact (estimated at $37.4 million) approved for the 2010 Solid Waste Management Business Plan and Budget: Summary of Correspondence - 4 - December 14, 2009 i) Leaf and yard waste collections in the Townships of Brock, Scugog and Uxbridge be increased to 24 stops per year, consistent with other municipalities, at an additional cost not to exceed $0.2 million to the existing contract, and to be financed within the 2010 and future Solid Waste Management Operations Budgets; ii) Regional Works and Finance staff be authorized to develop and implement a Blue Box Bin distribution plan which makes additional Blue Box containers available to residents at a net program cost not to exceed $0.5 million to be financed within the Solid Waste Management Budget and provided the Provincial subsidy as noted in recommendation iii) below; iii) Regional Works and Finance staff be authorized to apply for, and if successful, enter into applicable agreements to receive up to $1 million of Provincial subsidy from the Continuous Improvement Fund under the Waste Diversion Ontario (WOO), Blue Box Program Plan to develop and implement a Blue Box Bin distribution plan in Durham Region; iv) Regional Works and Finance staff be authorized to plan and implement, in consultation with the eight local area municipalities, up to four new special waste events in support of increased diversion of Municipal Hazardous Solid Waste (MHSW) and Waste Electronics and Electrical Equipment (WEEE); v) Regional Works and Finance staff be authorized to plan and launch two pilot studies at a total cost not to exceed $0.2 million in order to provide for an assessment of the diversion potential from offering polystyrene and mattress and upholstery recycling programs at the Region's Waste Management facilities (WMFs), with related business plans to be presented to Joint Works and Finance Committee for 2011 Business Planning purposes; Summary of Correspondence - 5 - December 14, 2009 vi) Regional Works and Finance staff be authorized to investigate potential implementation plans, infrastructure and other implications of reuse programs and eco-stations proposed as part of the 70% Diversion Plan, including potential for the development of community partnerships with various agencies that could make such programs a success within Durham Region, at a cost not to exceed $0.1 million, with related business plans to be presented to Joint Works and Finance Committee for 2011 Business Planning purposes; Reqional Solid Waste Manaqement Fees and Charqes b) THAT the Regional Fees and Charges schedule for 2010 Solid Waste Management Operations, as per Attachment #1 to Report No. 2009-J-44 of the Commissioners of Finance and Works, be approved and form a part of the annual Regional listing of Fees and Charges made available to the public, with 2010 fees and charges amended in 2010 to reflect tire loads accepted free of charge where they are isolated from other materials, as noted in Report 2009-WR-13 and based upon the new Provincial funding and tire recycling policy; Other c) THAT Regional Works and Finance staff be authorized to conduct a detailed review of the Minister of the Environment's Report on the Waste Diversion Act 2002 Review titled, 'From Waste to Worth: The Role of Waste Diversion in the Green Economy' and report back with specific comments in December 2009 to enable the Regional Municipality of Durham to meet the Minister's January 11, 2010 comment deadline; d) THAT approval be granted to extend the existing consulting assignment with Jacques Whitford Stantec Limited, as assigned, in the estimated gross amount of $1 ,000,000 for 2009, with funding from within the approved 2009 EFW project budget, and cost shared with the Region of York, to fund the balance of the EFW Environmental Assessment (EA) process, including the recent and unanticipated Ministry of the Environment referral of consultation responses back to the Regions for processing; Summary of Correspondence - 6 - December 14, 2009 e) THAT the proposed Solid Waste Management 2010 Holiday Collection Schedules within Attachment #2 to Report No. 2009- J-44 be received for information; f) THAT the Regional Solicitor be authorized to prepare the requisite By-laws and Agreements and the Regional Clerk and Regional Chair be authorized to execute subject by-laws and agreements; and g) THAT copies of Report No. 2009-J-44 be forwarded to the Region's eight Local Area Municipalities." 1-14 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, forwarding their 2010 Preliminary Budget for Council review outlining the conservation programs and projects and associated funding requirements from their watershed municipalities. I - 15 C. R. Curtis, Commissioner of Works, Region of Durham forwarding the prescribed timelines for the Durham/York Residual Waste Study per Ontario Regulation 616/98 and highlighting the total approved budget for the energy-from-waste Environmental Assessment including commitments and expenditures to date. I - 16 Association of Municipalities of Ontario Member Communication dated November 30,2009, advising that the Ministry of the Environment has implemented changes to lead sampling requirements in municipal drinking water systems, schools and day nurseries to introduce an exemption for municipal drinking water systems serving under 50,000 people if the system is already doing reduced sampling, if the system has been granted sampling relief by the Ministry, or if not more than ten per cent of plumbing samples over a complete year of sampling have exceeded the standards. Further information is available by contacting the Ministry of the Environment's Public Information Centre at 1-800-565-4923 or picemail.moe@ontario.ca. Summary of Correspondence - 7 - December 14, 2009 I - 17 Bruce Pearce, Chair, Land Use Council (LUC), writing to the Honourable Donna Cansfield, Minister of Natural Resou rces requesting that Minister Canfield intervene on behalf of a private land owner whose property continues to be embargoed against development as a result of the Ottonabee Regional Conservation Authority's (ORCA) refusal to allow issuance of municipal building permits; expressing concern with duplication, inflated costs of multi- level planning, the impact of Conservation Authority fees and escalating Conservation Authority municipal services charges on housing prices; and, requesting the Minister's full and public endorsement of a transparently independent investigation into local tensions, ballooning costs and failed public relations now attributed to some Conservation Authorities in Ontario. I - 18 Major Roland Murphy, Community and Family Service's Coordinator, The Salvation Army Bowmanville, expressing appreciation on behalf of the Food Banks in Clarington, for raising awareness of the needs in this area and for the food and monetary donations their food bank received through the Holiday Train event this year. I - 19 Evaline Cook expressing concern with the $60 fee for the Senior/Disabled Snowclearing program in view of the high taxes residents already pay and questioning how elderly residents who are on fixed incomes will be able to pay this fee. CORRESPONDENCE FOR DIRECTION o - 1 Mike and Carmen Gazo, Owners, Perfect Party Inc., requesting permission to sell Family Fireworks year-round in their retail store; advising it is their intention to adhere to the provisions of both the local by-law and federal regulations regarding the sale of Family Fireworks and to provide a safe means by which fireworks can be purchased; and, respectfully requesting that the matter be dealt with expeditiously to allow them to sell Family Fireworks for the upcoming New Years Eve celebrations, if approved. (Motion to refer correspondence to the Director of Emergency and Fire Services and the Municipal Clerk) Summary of Correspondence - 8 - December 14, 2009 o - 2 David Clark, Executive Vice President, Corporate Services and CFO, Veridian Connections Inc., requesting Council to approve and execute an inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank confirming that promissory notes held by the shareholders are subordinated to the bank loans advanced to Veridian; indicating that an inter-creditor agreement was previously in place with shareholders when Veridian borrowed funds from the Bank of Nova Scotia between 2001 and 2006; and, advising that aside from changes and amendments requested by the shareholders' Directors of Finance, this agreement, drafted by Veridian's Solicitor, is the same as the previous agreement with the Bank of Nova Scotia. (Motion to approve execution of the inter-creditor agreement and that the appropriate by-law be passed) D - 3 Betty Massey advising of a situation on Trull's Road at Mitchell's Corners where people walking along the road are forced to use the travelled portion of the road as there is not enough shoulder area; indicating that recently several people have had to jump into the ditches to avoid being hit by oncoming traffic; and, suggesting that the ditches be filled in either with or without storm sewers to address this safety concern. (Motion to refer correspondence to the Director of Engineering Services and the Director of Operations) D - 4 Michael Chan, Minister of Citizenship and Immigration inviting participation in Ontario's Volunteer Recognition Programs for 2010 including the Volunteer Service Awards (VSA) in recognition of continuous years of service with a community organization, the June Callwood Outstanding Achievement Award (JCOAA) awarded for superlative volunteer work undertaken by individuals, groups or businesses, and the Ontario Medal for Young Volunteers (OMYV) presented to outstanding young volunteers between the ages of 15 and 24; and, indicating nomination forms and additional information on each program is available on the Ministry of Citizen and Immigration website at www.citizenship.qov.on.ca/enqlish/honours. (Motion to direct the Municipal Clerk to place information on the Municipal Website) Summary of Correspondence - 9 - December 14, 2009 0-5 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism, advising of the establishment of the Paul Yuzyk Award for Multiculturalism acknowledging and honouring individuals who have made exceptional contributions to multiculturalism and diversity and including a $20,000 grant to be given to an eligible, registered not-for-profit Canadian organization or association of the recipient's choice. Nominations are being accepted until March 1, 2010. Further details are available at www.cic.qc.ca/pa u Iyuzyk. (Motion to direct the Municipal Clerk to place information on the Municipal Website) D - 6 Joanne McFarland, Clarington Polar Bear Swim Organizer, requesting approval for members of Clarington Fire Station 2 to attend the 10th Annual Clarington Polar Bear Swim to raise. awareness of the urgent need of organ and tissue donations and to raise awareness and support for liver disease research. Last year, $9,000 was presented to The Hospital for Sick Children with a grand total of $30,000 raised in five years. (Motion to approve request) D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, (AACC) indicating the AACC has reconsidered their motion passed in January regarding half-loads and on November 12, 2009, endorsed the following resolution: "WHEREAS the Hiqhway Traffic Act of the Province of Ontario in Section 122 sets out the weight restrictions for reduced load periods and the exceptions to this restrictions; and WHEREAS one of the exceptions is for vehicles used exclusively for the transportation of milk; and WHEREAS there are other perishable products that need to be transported onto and off of farms during the season when reduced load periods are in force; and WHEREAS the number of truck trips for these perishable products are limited by the amount of production capacity; and WHEREAS the Provincial government is supportive of the agricultural industry which is vital to the economy of Ontario, the local production of food and food security; Summary of Correspondence - 10 - December 14, 2009 NOW THEREFORE BE IT RESOLVED THAT the Hiqhway Traffic Act, Section 122 be amended to include as an exception vehicles used for the transport of locally produced perishable food; AND FURTHER THAT this resolution be circulated to all members of the Association of Municipalities of Ontario for endorsement." (Motion for Direction) D - 8 The Township of Madawaska Valley advising Council that the Township of Madawaska Valley adopted the following resolution pertaining to property tax assessment: "WHEREAS every property owner in the Province of Ontario has received an updated Property Assessment Notice indicating their updated assessed value in the fall of 2008; and AND WHEREAS the Government of Ontario has introduced Bill 187 on March 22, 2007 which has included changes including the change of the assessment cycle from an annual update to a four-year cycle for the years 2009, 2010, 2011 & 2012 based on a valuation dated of January 1, 2008; and AND WHEREAS the residential property owners in the Township of Madawaska Valley are seeing an average of 11.22% increase in their assessment (the second highest in Renfrew County including the separated Town of Pembroke) knowing that there has been a dramatic drop in the local real estate market; and AND WHEREAS under the roles, responsibilities and relationships identified by MPAC, it is up to the Province of Ontario to make any changes with regard to the legislation of assessments and the municipalities are only allowed to tax based on the assessment provided by the province; and NOW THEREFORE BE IT RESOLVED THAT the Township of Madawaska Valley hereby requests that the Province of Ontario change the legislation of assessment back to values of 2008, a more realistic value for property owners based on the current market and a more realistic value for a tax rate to be based on and also, back to a one year annual assessment better to react to a current real estate market; and Summary of Correspondence - 11 - December 14, 2009 FURTHER TO THIS, legislation be drafted to recognize the significant tax burden carried by those owners of waterfront properties who may be forced to sell their homes due to the unrealistic assessed value provided for their homes; and FURTHER TO THIS, this resolution is directed to Premier McGuinty, Minister of Revenue and all municipalities in the Province of Ontario." (Motion for Direction) 0-9 Sharon Watt, Federation of Canadian Municipalities (FCM) forwarding a copy of the following resolution adopted by FCM's National Board of Directors pertaining to municipal leadership in climate change action calling on the Government of Canada to recognize and support municipal leadership and action in greenhouse gas reduction as part of Canada's efforts to meet national or international climate change objectives: "WHEREAS a global reduction in the emissions of carbon dioxide (C02) and its significant contribution to the creation of greenhouse gases (GHG) is necessary to slow climate change and reduce the risks to our economy, human health, the physical environment and quality of life; WHEREAS human activities have caused a dramatic increase in the amount of carbon dioxide (C02) in the earth's atmosphere. Since the mid 1700s, the concentration of CO2 has risen from about 280 parts per million (ppm) to reach 387 ppm in 2009. This amount is likely the highest concentration in the atmosphere in the past 20 million years; WHEREAS evidence presented in the Intergovernmental Panel of Climate Change (IPCC) November 2007 report indicates that "Warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level" and "Most of the observed increase in global average temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic GHG concentrations. It is likely that there has been significant anthropogenic warming over the past 50 years averaged over each continent (except Antarctica)."; Summary of Correspondence - 12 - December 14, 2009 WHEREAS reducing greenhouse gases makes economic sense. New and improved infrastructure, renewable energy technologies, energy efficiency, energy conservation, waste reduction, building retrofits, transit, walking, cycling, water conservation, better fleet management, more effective wastewater treatment and distribution, etc., can reduce short-term and/or long-term municipal operating costs and help maintain community services, while having a positive impact on the environment; WHEREAS the impacts of climate change as well as the responsibility for mitigation will fall primarily on municipalities; WHEREAS municipalities are leaders among governments in Canada when it comes to making climate change a priority; WHEREAS in December, national governments from around the world will meet in Copenhagen, Denmark to negotiate terms and conditions of a new global climate agreement; WHEREAS local community based emission reductions can be lower cost compared to many other approaches, while also providing important social, economic, and environmental benefits to citizens and businesses; WHEREAS mayors and municipal leaders responsible for the well- being of communities across Canada have urged federal and provincial/territorial governments to make climate protection a priority; WHEREAS the Federation of Canadian Municipalities (FCM) continues to support the 2005 World Mayors and Municipal Leaders Declaration on Climate Change committing municipal governments, each according to their individual circumstances and abilities, to reduce greenhouse gas emissions by 30 percent from 1990 levels by 2020 and by 80 percent by 2050; WHEREAS the FCM has climate change as a strategic priority and has numerous programs and committees such as the Green Municipal Funds and the Partners for Climate Protection Program, that support municipal leadership on climate change action; WHEREAS Minister Baird re-affirmed the Government of Canada's position in the House of Commons on November 18, 2009 when he said, "We need to have real and meaningful action. We need to have all the big players on board. Canada is committed to doing our part to make a deal happen in Copenhagen." Summary of Correspondence - 13 - December 14,2009 BE IT RESOLVED THAT the Federation of Canadian Municipalities support the Government of Canada's commitment to achieve a deal with real and meaningful action in Copenhagen. BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the federal government to recognize the important role that municipalities play in providing practical local solutions for reducing greenhouse gas emissions. BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the federal government to partner with and support municipalities in undertaking emission reduction projects. BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the Government of Canada to seek the re- inclusion of references to the role of and support for local government climate change action in the latest negotiating text of the Conference of the Parties, leading up to the Copenhagen meetings in December 2009." (Motion for Direction) D - 10 Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief Committee, advising that the Township of McNab/Braeside suffered severe damage to many farms and homes as a result of a torrential rainstorm which caused localized flooding on July 24, 2009; indicating the community has established a Disaster Relief Committee with a fundraising target of $150,000; advising that the Provincial government will contribute up to $2 for every local dollar raised to an amount necessary to settle all claims; and, requesting Council's support in providing financial assistance to their community. (Motion for Direction) D - 11 The Town of Niagara-On-The-Lake advising Council that on November 23,2009, the Town of Niagara-On-The-Lake adopted the following motion pertaining to a Benefit-Sharing Agreement: "NOW THEREFORE BE IT RESOLVED THAT the Region of Niagara be requested to enter into a benefit sharing agreement with the lower tier municipalities; and THAT Lord Mayor Gary Burroughs and Regional Councillor Dave Lepp table the attached motion in support of that agreement at Regional Council before the finalization of their 2010 budget; and Summary of Correspondence - 14 - December 14, 2009 THAT this resolution be forwarded to all municipalities within Niagara, including the Region of Niagara, seeking their support; and THAT this resolution be forwarded to AMO for circulation to all Ontario municipalities for their support and endorsement; and THAT lower tier municipalities across Ontario be requested to follow the lead of Niagara municipalities and negotiate with their upper tier partners a benefit-sharing agreement that distributes the uploading tax room with each municipality in both the upper and lower tiers." (Motion for Direction) D - 12 Kythe Baldwin, Newcastle Minor Hockey Ice Convener, Newcastle Village Minor Hockey, advising of the shortfall of ice time league players are faced with when attempting to book ice in Newcastle; indicating they currently must book ice time outside of the municipality to not only keep their teams competitive but to just to keep them on the ice; and, questioning when Council anticipates a new facility will be built in Newcastle to fulfill the current and ever-expanding need for ice. (Motion for Direction) D - 13 Sharon Vokes, County Clerk/Director of Council Services, Corporation of the County of Grey, advising Council that on November 24,2009, the County of Grey adopted the following resolution pertaining to Bill 150: "WHEREAS the Council of the Corporation of the County of Grey has expressed concern over Bill 150 being the Green Energy and Green Economy Act which is now in force and effect; AND WHEREAS the need for renewable energy sources is recognized at the federal, provincial, municipal and local community levels; AND WHEREAS wind-generated power is an established source of renewable energy being created globally; AND WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; AND WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; Summary of Correspondence - 15 - December 14, 2009 AND WHEREAS other Ontario municipalities have passed resolutions expressing concern with the health effects association with wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Grey requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management complete the following: 1. Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise, and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical Officers of Health at Public Health Units, Environment Canada, Health Canada, Grey County MPPs and MPs, the Premier's Office, the Prime Minister's Office, the Association for Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support." (Motion for Direction) 0-14 Robert Kreasul, on behalf of over 150 resident boats in the Port Darlington Marina, transient boaters, residents of Wiggers Yachts Basin and users of the Clarington boat launch ramp, expressing concern that there is not enough depth in the channel to the lake from September onward creating an unsafe situation to plough through the mud to get to the lake; indicating that the harbour generates a great deal of tourism which is adversely affected; and, advising that it is his understanding that the municipality is required to keep the channel navigable from the boat launch to the lake which is currently not the case. Photos and maps to clarify the channel into Port Darlington were attached to the correspondence. (Motion for Direction) Summary of Correspondence - 16 - December 14, 2009 D - 15 Marion Manders providing comments on Report CLD-027 -09 and requesting Council to continue to support the resolution endorsing a return to a manual count for the 2010 Municipal Elections. (Motion for Direction) Municipality of Clarington Livin~ reen -FL::ii"" Community Advisory I - 1 Approved Sept. 22, 2009 MINUTES June 23, 2009 Committee Members Present: Amy Burke Elva Reid Bill Cawker Gordon Johnston Ron Collis Councilor Mary Novak Staff Present: Carlos Salazar, Lisa Backus Susan Hajnik Regrets: Mayor Abernethy, Vanessa Hughes Absent: Jennifer Cooke, Sheila Hall Dave Clark Agenda Item Discussion Action Meeting called to Chair called the meeting to order at 7:05 order: Committee Helen Bajorek MacDonald has resigned from Committee. A openings letter thanking her for her service has been sent by the Director of Planning Services. This leaves 2 openings currently available on this Committee: 1 from the general public and 1 from UOIT. Lisa will contact UOIT to determine who may replace Richard Lisa Marceau. An ad w ill be placed in the local papers inviting interested persons to apply for the other position. Council will review and a decision could be made mid-September. Minutes Moved by Mary Novak, Seconded by Bill Cawker Carried "That the minutes of the March meeting be approved." Sub-Committee Communications Communications Sub-committee had an article in the latest Sub-Committee addition of Clarington.net paper that is circulated to area homes. More information has been added to the web site http://bluetogreen.c1arington.net/ to address a request from Council to highlight the province's Municipal Hazardous and Special Waste Program. Official Plan A consultant has been retained to work on the Growth Sub-Committee Management Plan. The questions are what are the growth scenarios? Where will we go? And where will they live? We are currently working with the consultants to answer these questions. Hopefully this component will be done by July. approved June 09 minutes Page 1 of 4 Municipality or Clarington Livin~ Green -'-'L;;i::;lii2!'L-'-' Community Advisory Committee Approved Sept. 22, 2009 MINUTES June 23, 2009 Agenda Item Discussion Youth Committee Prospective Energy Sub-Committee New Business Green Strategy Growth Management Plan from the Region: Current trends indicate that the population predictions are moving geographically to the west. Growth targets are higher in Courtice, Bowmanville and Newcastle. The Region will attempt to capture employment lands, industrial lands along the 407 and linkage area lands that will be serviced by the Region. The Province is pushing intensification targets to increase, Lisa therefore where you may before have seen a 2 or 3 storey unit being built, it could not be a 7 or 8 storey. Committee feels it would be beneficial to have a presentation from the Planning Department on the 407 Highway and area linkage. The final report from the Youth Initiative has been forwarded to all participating schools and school boards Idea of forming an Energy Sub-Committee was raised. The focus of the sub-committee would to be energy conservation and a potentially an energy conservation challenge in the Municipality. The aspects of the EcoEnergy Home Retrofit Program presented to the Committee by Sarah Feddema could be incorporated. Veridian offered to provide a representative for the Committee Dave and will forward appropriate contact information to the Chair. Other interested committee members as asked to contact the Chair. Ron will set up a web site that will allow users to go in and view Ron the Green Strategy as well as leave their input and comments. You will also be able to view the comments others have left. Suggested that we break it down to one topic a week. Give people one week per topic to go in have a look and read and then comments. approved June 09 minutes Page 2 of 4 Municipality of Clarington Livin$l Green ~~./tW' .... .ft:~.V ~ . eAr "".$i"... ..,_~.< .",di~iY-: - Community Advisory Committee Approved Sept. 22, 2009 MINUTES June 23, 2009 Agenda Item Green Energy Act Correspondence Next meeting Discussion Action .. . Admin staff request that there be a function that allows us to go in and extract the data in a word format. There is currently a new solar panel program that is arranging to have customers sell back excess energy to Hyd~o at the rate of (approx) 80 cents kw hour. There is a real opportunity hear for municipalities that are quick to get in on the early stages of this program. The idea being that they could encourage new builders to consider this option. There is a possibility of a partnership with the Green Committee and the Municipality to start a process to streamline the application process to make it easier for residents considering this program. Staff should meet with the Province, Municipality, and Veridian Dave/Carlos to discuss the possibility and work out a streamlined approval process. Chief Building Official Rick Pigeon should be included in the meeting as he can provide info regarding Building Code requirements. The following correspondence has been received: . Motion from the City of Kingston regarding Christmas wrap: Received for information. We will continue to promote these ideas as we did last year using the website and Clarington.net. Will contact city of Kingston to investigate what material they are using as promotion. Amy . Invitation to become a partner in "Greening Greater Toronto" Clarington to join - sounds like a good opportunity . From Mayor of Woodstock regarding "Count Me In" Already participating in this program. . Letter from Ontario Power Authority Received for information. . Notice regarding a number of Pubic Information Sessions on area watersheds. Saturday July 18 is "Check Your Watershed Day" Received for information. July 28, 2009. 7 pm Meeting Room lC All If you are unable to attend please let Susan know. approved June 09 minutes Page 30f4 Municipality of Clarington Livin{! reen -'L1)(;i: Community MINUTES September 22, 2009. Approved at Nov 24 meetinQ Committee Members Present: 10 Amy Burke 2. Ron Collis 3. Jim Abernethy 4. Mary Novak 5. Elva Reid 6. Bill Cawker 7. Jonathan Wheatle Staff Present: Lisa Backus Regrets: Madison Stange, Gordon Johnston, Dave Clark, Vanessa Hughes, Douglas Holdway Agenda Item Discussion Action Opening Remarks Presentation by: Mso Dunlop began the presentation with a recap of climate Jenna Dunlop, PhD, change, greenhouse gases and the greenhouse effect. She Policy and Research advised that the Region working toward reducing GHG Advisor, Durham emissionso They are doing this through the Partners for Region Roundtable Climate Protection PCP program which is the Canadian on Climate Change, component of ICLEI's Cities for Climate Protection (CCP) Office of the network, which involves more than 900 communities Regional Chair and worldwide. CAO Region of Durham PCP uses a five milestone framework to guide municipalities to reduce greenhouse gas emissions. The Partners for Climate Protection (PCP) program is a network of Canadian municipal governments that have committed to reducing greenhouse gases and acting on climate change. The Region is at step 2 of the process. Ms. Dunlop also included a short presentation on the Cap and Trade program as well as the Carbon Tax Program. Minutes - June Brief discussion. Motion to approve by Mary, seconded by 2009 Bill. DSEA Forum Jonathan advised that DSEA is willing to provide 3 tickets Respond to JW or October 1, 2009 for the committee to attend the Building a Sustainable AB if you want to Community: An Energy and Infrastructure Perspective. attend. draft Green Members were given a copy of the draft Green Strategy 1. Committee to Strategy that incorporated/addressed all of the comments that were review draft paper received through either the Website forum or offered at the and email committee meetings. Ideas from the youth workshop still comments to need to be incorporated. Amy/Lisa. 2. Amv, Elva, Lisa & Final Sept 09 Minutes doc Page 1 of 2 Subcommittee U date Green Challenge Discussion No discussion. Elaine Garnett, Channel 12 has approached the committee. The other partners of last year's Green Challenge have agreed to another year of advertising via the Green Challenge. The GCAC has not, but Channel 12 would like the committee to assist with the preparation of Green Tips, in exchange, Channel 12 will continue to promote the GCAC by using of the committees logo on air. Motion to adjourn b Am ,seconded b Elva Carlos to prepare a draft public consultation strategy for the launch of the Green Strate publici. 1. Amy to contact Elaine to present the final results of the Green Challenge. 2. Committee agreed to the use of the logo. The GCAC supports the Green Challen e idea. Carried Final SepC 09 Minutes doc Page 2 of 2 CI!J!inglOn 1-2 Approved bv Committee Members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIP ALITY OF CLARINGTON Minutes of Meeting Thursday October 15, 2009 PRESENT: (Chair) Gord Lee Councillor Adrian Foster Lisa Robinson Alan Bayliss (Vice-Chair) Vacant Elwood Ward Georg Krohn ALSO PRESENT: Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Esther Rathwell, Durham Regional Police Services REGRETS: Tony Cannella, Director of Engineering Services, David Reesor, Kerry Meydam, John Slater, Gillian Bellefontaine 1.0 ADOPTION OF MINUTES-(September 17, 2009) The following motion was proposed: THAT: "The minutes of the September 17, 2009 meeting are approved without changes." MOVED: by Councillor Adrian Foster; SECONDED by Elwood Ward CARRIED 2.0 ITEMS FOR INFORMATION 2.1 Road Watch News & Statistics-(Gord Lee) DRPS Statistics-(Constable Esther Rathwell) Traffic Watch Statistics-(Ron Baker) Gord attended the Newcastle Bond Head Ratepayers meeting where 42 people were in attendance. He gave a presentation which educated residents about how the Road Watch Program works. Brochures were handed out and there was an article in the Orono newspaper mentioning the presentation from Gord. Members felt that there should be more educational tools for the Road Watch Program so Gord Lee has offered to give presentations whenever possible. There were no reports in the drop boxes as oftoday. Constable Rathwell informed members that all reports are up-to-date and Gord Lee will pick up reports from staff. He will hand them over to Esther. The box in the Canadian Tire Store is full of pamphlets and there aren't any left for use. Gord Lee will visit this location. 2.2 Highway 407 Update-(Leslie Benson) The 407 Committee has now met its mandate and will no longer meet. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Road Watch Box, Orono-Gord Lee There has been a Road Watch box installed at the IGA in Orono. 3.2 Three-Way Stop @ Hampton Store-(check counts)-Ron Baker Ron Baker performed traffic counts in Hampton in June of 2006. Average speeds were also recorded and the results were 52.6 KPH in a 50 zone. All-way stop warrants based on traffic counts are 50% and counts have not changed significantly since 2006. Constable Rathwell hands out speeding tickets at this location but said that there is not enough volume to justify time spent there. Illegal parking is also an issue in the vicinity ofthe store and Leslie advised that she would speak with the Director of Engineering to see if the installation of bollards might be an option to reduce illegal parking. It was recommended that an officer visit this area on a Friday or Saturday evening due to the high traffic volumes at that time. 3.3 Election of Vice-Chair-Gord Lee The following motion was proposed: THAT: "The election of Vice-Chair be deferred to the January meeting." MOVED by Adrian Foster; SECONDED by Elwood Ward. CARRIED 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Traffic Signals at Aspen Springs Drive-Bowmanville There will be traffic signals installed on Regional Road 57 (Martin Road) and Aspens Springs Drive at the developers cost when the development proceeds on the northwest comer. Signage and line painting will be taken into consideration when the installation of the signals takes place. 4.2 Bowmanville High School The school has painted lines and put up signs to improve the ingress and egress to the high school. The Region met with school staff regarding the entrance to the school to address the issues at hand. Ron Baker will follow up with the Region and bring findings back to the committee. 4.3 Traffic Committee Action List An action list will be compiled in order to track the progress of issues that have been brought before the Committee. It will be reviewed by members at the November meeting. 4.4 Stevens Road Near Police Station-Bowmanville Eastbound traffic on Stevens Road, turning left on Regional Road 57 has been experiencing some delays. There was discussion of the need for a left turn lane. Ron Baker will enquire to the Region about this intersection and report back to the next meeting. 4.5 Concession Street & Beech Avenue-Bowmanville The Operations Department hired a contractor to repair the cobblestone inlay across Concession Street. The work is now completed. 4.6 Holt Road-Bowmanville One Committee member complained of speeding on Holt Road from 5:30-6:00 a.m. and 4:00-8:00 p.m. The member will email Constable Rathwell the location so she can visit the sites to enforce speed limits. 4.7 Planters-Highway 2 & Boswell Drive-Bowmanville A few students from Clarington Secondary School cross through the gaps between planters which have recently been placed on the Highway 2 medians. According to Constable Rathwell this doesn't pose a big problem. She will keep an eye on the area and encourage students to cross at the traffic signals. 4.8 Courtice Road Bridge Construction at Durham Highway 2 Esther Rathwell will discuss the impacts to traffic that may arise from the construction on Courtice Road with the Region. There has been no word as to whether the bridge construction will be delayed. The advertised completion date is the end of November, 2009. 4.9 Concession Road 6 East of Courtice Road Speeds Due to the previous condition of Concession Road 6 there were speed limit signs of 50 KM/HR posted rather than the 70 KM/HR as approved in the By-law. The Municipal Speed By-law section states that the Director of Engineering Services can lower speeds to 50 KM/HR per the HT A. Once repairs are complete, speeds may be returned to the speed limits approved by council. Ron Baker will have the signs changed now that the paving is complete. 4.10 GO Train Location in Bowmanville Both the Engineering and Planning Departments will be working closely with GO Transit throughout the Environmental Assessment process with respect to the GO Train service extension to Bowmanville. 4.11 Green Road Underpass This project was delayed due to the news of the GO Train extension. 4.12 Mill Street South The pedestrian underpass has been designed and will be tendered this fall. Construction is anticipated to begin in spring 2010. 5.0 NEXT MEETING DATE- November 19,2009-7:00 P.M. Committee Room IC-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Lisa Robinson THAT: "The meeting be adjourned at 8:50 p.m." AGENDA oDURHAJ\1 NUCLEAR HEALTH COl\IMITTEE (DNHC) 1-3 LOCATION DATE TIME MEMBERS PRESENTERSI OBSERVERS REGRETS Mr. Brian Devitt, DRHD, (Secretary) Mr. Jim Merritt, Ontario Drinking Water Advisory C (Presenter) Mr. Scott Barrett, Ontario Drinking Water Advisory :t\1r. Philip Webster, Canadian Nuclear Safety Corom' - fJ. Mr. Peter Simmons, Nuclear Waste Management Organization (Presenter) Mr. Ben Belfadhel, Nuclear \\Taste Management Organization Ms. Vanessa Hughes, OPG (presenter) Ms. Laurie Swami, OPG (Presenter) Mr. Nick Mahalic, OPG (presenter) Ms. Lindsay Dafos, OPG Ms. Dorothy Skinner, Durham Region Planning Department Ms. Janice Szwarz, Municipality of Clarington 1\UNUTES OF J\'IEETING Gamet B. Rickard Recreation Complex 2440 Highway 2 Multi Purpose Meeting Room Bowmanville, Ontario November 20,2009 1 :00 PM Dr. Robert Kyle, Durham Region Health Department Ms. Mary-Anne Pietrusiak, DRHD Mr. Ken Gorman, DRHD (Presenter) Dr. Dave Whillans, Ontario Power Generation (OPG) Mr. Frank Bajurny, OPG Ms. Lorraine Weigel, Public Member h1r. Marc Landry, Public Member Dr. Barry Neil, Public Member Mr. Alex Heydon, Public Member Mr. Hardev Bains, Public Member ~-t.</'''4 ,.'l DEe - 1 ~ ~ ~ ~ ! .__,,,~.,..~.=~....~~,!-"'.~~:c.~~.:;,.,..ih!o:.~;;; RHD Chair) / DISTRI~TION REVIEWED BY ORIGINAL TO: IJ COUNCIL ~NCIL IJ FILE DIRECTION INFORMATION COpy TO: IJ MAYOR IJ MEMBERS IJ CAO OF COUNCil IJ COMMUNITY IJ CORPORATE IJ EMERGENCY SERVICES SERVICES SERVICES IJ ENGINEERING IJ MUNICIPAL IJ OPERATIONS SERVICES CLERK'S tmJl~NNING a SOLICITOR IJ TREASURY StAVICES AoI00 Mr. Ken Shrives, Public Member Mr. Jansen Wu, Public Member Ms. Norma Drummond, Public Member Dr. Tony Waker, University of Ontario Institute of Technology Mr. Phil Dunn, Ministry of the Environment Robert Kyle opened the meeting and welcomed everyone. 1.0 Adoption of the Dl\""HC Agenda The Revised Agenda was adopted 2.0 Adoption of the DNHC Minutes of the September 18,2009 meeting The Minutes were adopted as \vritten. 3.0 Correspondence 1 3.1 Robert Kyle's office received the minutes ofthe meetings of the Pickering Nuclear Generating Station Community Advisory Council for September and October 2009. M01TUa'AT810 I 3.2 Robert. K~e's office received the report from the CNSC concerning the ------o-o-----Radlc5}tcti'Ycl Release Data from Canadian Nuclear Power Plants from 1999 to 2008 d~ted'~ept~ber 2009. ~~:'~t.. <~; ";~'~ .~\::\~,f;..f}-; .':~/;, 1 3.3 Rob~.,K.,YJfs office received the OPG Performance Report for the first six months L'o'>~; l'~' .\: :9f 2(),Q~1:4@:tfd September 12, 2009. "~~:;t7~';! ,- . '304.- R()1)ert>J<YI~'S office received the CNSC Annual Report for 2008 dated October i," ,;~ ~'~ i.. 0 . .2009. / , I " L .,. ., 'I \';?l,'1i;, '- ;;'j35 Ro~:I<ylrs office received the information release from OPG concerning the ___..________~.~~~~tipFt~Refurbishment Study dated October 1,2009. .--- LR<m~K$tJ~'s office received the information release from OPG concerning the New Nuclear at Darlington Project dated October 1,2009. 3.7 Robert Kyle's office received the information release from OPG concerning the Pickering B Risk Assessment Summary Report dated October 1, 2009. 3.8 Robert Kyle's office received the information release from OPG concefl1illg the performance of the Darlington Nuclear Generating Station dated October 1, 2009. 3.9 Robert Kyle's office received a letter from Laurie Swami, Director, Licensing and Environment for OPG, concerning the federal approvals process for the New Nuclear at Darlington Project dated October 5, 2009. 3.1 0 Robert Kyle's office received the presentation notes of Michael Binder, President of the CNSC, concerning the future of nuclear energy in Canada dated October 8, 2009. 2 3.11 Robert Kyle's office received the CNSC Record of Proceedings a.Tld Decision on the Port Hope Low-Level Radioactive Waste Management Project dated October 16,2009. 3.12 Robert Kyle's office received the presentation notes used by Laurie Swami to the Council of the Regional Municipality of Durham concerning the Enviromnental Assessment Impact Statement and Licence to Prepare a Site Application for the New Nuclear at Darlington Project dated October 14, 2009. 3.13 Robert Kyle's office received a news release from ABCL concerning the update of repairs to the ~~U in Chalk River and the expected restart is in the first quarter of 2010 dated October 21,2009. 3.14 Robert Kyle's office received a news release from Natural Resources Canada that Minister Raitt has appointed two temporary members to the CNSC dated October 26,2009. 3.15 Robert Kyle's office received the presentation notes used by Jim Prentice, Minister of the Environment Canada, to the Council for Clean and Reliable Energy and the meeting was on October 25,2009. 3.16 Robert Kyle's office received the presentation notes used by Michael Binder, President of the CNSC, concerning Nuclear Power in Society - Finding the Balance and the meeting was on October 26,2009. 3.17 Robert Kyle's office received a news release from the CNSC announcing the establishment of the three member Joint Review Panel for the Proposed Darlington New Nuclear Power Plant Project dated October 30,2009. 3.18 Robert Kyle's office received a news release from the CNSC announcing funding for five applicants for participation in the EA process of the Proposed Darlington New Nuclear Power Plant Project dated November 5,2009. 3.19 Robert Kyle's office received a news release from AECL concerning the announcement of Senior Management Appointments dated November 5, 2009. 3.20 Robert Kyle's office received a news release from AECL concerning the repairs to the :NRU in Chalk River that is progressing on schedule and the expected restart is in the first quarter of 2010 dated November 12,2009. 4.0 Nuclear Power / Environmental Issues 4.1 Report from the CNSC concerning the Safety Assessment of Pickering and Darlington Nuclear Power Plants for 2008 Philip Webster, Director, Darlington Regulatory Performance Program Division of the CNSC, provided a presentation on the Compliance and Safety Performance of ~ ;j Pickering and Darlington Nuclear Power Plants in 2008. The highlights of Philip's presentation were: .. The ne\\' CNSC safety performance ratings for 2008 are: o Fully Satisfactory (FS) o Satisfactory (SA) o Belm\' Expectations (BE) o Unacceptable (UA) . The CNSC's Safety Performance Ratings for Pickering A&B and Darlington Nuclear Power Plants in 2008 were: Pick A Pick B Dar1 o Operational Performance SA SA FS o Performance Assurance SA SA SA o Design and Analysis. SA SA SA o Equipment Fitness for Service SA SA SA o Emergency Preparedness SA SA FS o Environmental Protection BE BE SA o Radiation Protection SA SA FS o Safeguards FS FS FS . The BE rating at Pickering A&B for Environmental Protection was due to the number of fish being dravro into the cooling water intake. OPG has installed a net around the intake, which based on evidence to date, has reduced fish impingement and entrainment to a very low. level. The overall conclusions of Philip's reports on the Safety Assessment of Pickering and Darlington Nuclear Power Plants for 2008 were: . No serious process failures occurred. . No radiation doses above the regulatory limit were experienced. . No environmental releases were made above CNSC's regulatory limit. . Pickering A Units 2 and 3 are transitiorling to safe storage and Units 1 and 4 were rated as Satisfactory. . The Pickering A Operating Licence expires June 30, 2010. . Pickering B Units 5, 6, 7 and 8 were rated as Satisfactory. . The Pickering B Operating Licence expires June 30, 2013 . Darlington Units 1,2,3 and 4 were rated as Fully Satisfactory. . The Darlington Operating Licence expires February 28,2013. . Canada was able to meet its international obligations regarding the peaceful use of nuclear energy. Philip Webster indicated more information on the Safety Assessment of Pickering and Darlington Nuclear Power Plants can be found at \vww.nuclearsafetv.gc.ca and he can be contacted at (613) 947-2771 or bye-mail at Philip.webster({V,cnsc- ccsn.~c.ca. The overheads Philip used are attached as Appendix 1. 4.2 Report from the Ontario Drinking Water Advisory Council concerning the New Recommended Standard for Tritium in Drinking Water 4 Jim Merritt, Chair, Ontario Drinking Water Advisory Council, provided a presentation on the nevI"' recommended standard for tritium. Jim provided copies of the Report and Advice all the Ontario Drinking Water Quality Srandard for Triiium dated May 21, 2009. The Report was prepared for the Honourable John Gerretsen, Ontario Minister of the Environment, for his consideration. The highlights of Jim's presentation were: . On February 21, 2007, the Minister of the Environment formally requested the Ontario Drinking Water Advisory Council (ODW AC) to provide advice on the Ontario Drinking Water Quality Standard for tritium as a result of the issue being raised by the Medical Officer of HeaIth for the City of Toronto. . On June 12,2007, the Minister made an additional request for the Council to also take into consideration a Greenpeace Canada report authored by Dr. Ian Fairlie entitled, "Tritium Hazards Report: Pollution and Radiation Risks at Canadian Nuclear Facilities". . To undertake this review, the Council established a working group comprised of members with knowledge of the issue and experience in radionuclide risk and regulation to assist the Council as a whole. . The working group developed a multi-step approach including: o Obtaining and reviewing all pertinent documentation for review o Undertaking an inter-jurisdictional comparison o Meeting with key stakeholder groups and individuals o Holding a public consultation to hear directly from interested parties o Developing recommendations for the full Council's consensus . In an effort to arrive at a proposed Standard, several numerical variations that use models of other jurisdictions and authorities were evaluated and revised using Council's own conclusions. The technical challenge was how to best utilize the available radiological research and information to arrive at a risk as close to 1 in a million as possible, while maintaining practicability and achievability. Jim explained Council's 6 recommendations and they are: . The Ontario Drinking Water Quality Standard for tritium should be revised to 20 Bq/L. . The Standard of 20 Bq/L should be applied as the running average of the preceding 52 weekly composite samples. . The current sampling and monitoring programs, as conducted by the Ministry of Labour and the industry, should continue. . Monthly reports of biweekly test results and running averages should be sent to the regulatory bodies, local municipalities, health units, local interest groups and should be made available to the general public. . It is equally important to monitor trends in monthly data and if there is an indication of increases, the Province should require the discharger to take appropriate corrective actions, in collaboration with other appropriate authorities. 5 . Monitoring and reporting at the point of discharge should be the focus for emergency response and the current program should be enhanced to require dischargers to report monthly. Jim Mcnitt indicated the Report and Advice on the Omario Drinking Water Quality Standard for Tritium has been sent to the Minister of the Environment and the Ontario Drinking Water Advisory Council is waiting further direction. Jim will keep the D1'.1iC updated on any action to be taken respecting the Report and recomrn endations. For further information, Jim Menitt can be contacted at (416) 314-3606 or bye- mail at iim.merrittm;ontario.ca and their website is wv./w.odwac.gov.on.ca. 4.3 Progress Report on the New Nuclear at Darlington Project Laurie Swami, Director, Licensing and Environment for OPG, provided an update of the New Nuclear at Darlington EA. Project. The highlights of Laurie's presentation were: . In June 2006, OPG was directed by the Ontario Minister of Energy to begin a federals approval process, including an EA, for the new nuclear units at an existing NGS site . In September 2006, OPG submitted an Application for Approval to Prepare a . Site for the Future Construction of a Nuclear Power Facility to the CNSC. . In April 2007, OPG submitted a Project Description to the CNSC for the Darlington site. . On June 29, 2009, the Ontario Ministry of Energy and Infrastructure announced that the Ontario Government suspended the "Request for Proposal" process to procure two reactors for the Darlington Site due to concern about pricing and the uncertainty around ABCL's future. . In July 2009, OPG indicated it would continue with the EA and licensing activities to obtain federal approvals necessary for the site preparation at Darlington. . On September 30,2009, OPG submitted the Environmental Inlpact Statement (EIS) to the CNSC that is approximately 1000 pages with 28 technical support documents of more than 9000 pages and approximately 4000 pages for the Licence to Prepare the Site (L TPS). . The EIS and 28 technical support documents include: o Information on multiple technology approach o Description of the existing environment, potential effects, mitigation, significance of residual adverse effects and follow-up monitoring activities o Examination of the likely effects of the environment on the project, cumulative effects, accidents and malfunctions o Examination of community perspectives, views and values . The Updated LTPS Application to the CNSC is: o To demonstrate the site is appropriate for a NGS o To define the site layout and activities to be undertaken 6 o To describe the management programs that will govern the activities to be carried out o To demonstrate to the CNSC that their regulatory requirements will satisfied o To make application to the Department of Fisheries and Oceans and Transport Canada for lake infilling and wharf construction 0 . On October 30, 2009, the Joint Review Panel was established by the Federal Minister of the Environment and the President of the CNSC to empower the three member Joint Review Panel members to: o Conduct an examination of the environmental effects of the proposed Project and consider the significance of the effects o Consider measures that are technically and economically feasible to mitigate any adverse environmental effects and the need for feIlow- up programs with respect to the Project o Consider comments from the public that are received during the reVIew o Hold public hearings o Submit to the federal government a report with recommendations about the Project o May grant a Licence to Prepare the Site once a decision is made on the Environmental Assessment . The Joint Review Panel will consider public and technical comments from November 2009 to May 17, 2010 and if sufficient information was available the Joint Review Panel will proceed to a Hearing in September or October 2010. In conclusion, Laurie indicated that OPG is confident the results of this assessment and taking into account the proposed design and mitigation measures that the New Nuclear at Darlington Project will not result in any significant adverse environmental effects. Laurie Swami or her associates will provide regular updates to the DNHC on the progress of the New Nuclear at Darlington Project. More information on the Project is available at 1-866 487-6006 or the OPG website W\\'w.oog.com/newbuild. The overheads Laurie used are attached as Appendix 2. 4.4 0 Progress Report on the Proposed Site Selection Process and 2009 Engagement Activities by the Nuclear Waste Management Organization Peter Simmons, Director, Municipal and Community Engagement for the Nuclear Waste Management Organization (NVlMO) provided a presentation on the 2009 engagement activities of the proposed site selection process. The highlights of Peter's presentation were: . NWMO has conducted many engagement activities in 2009 with key stakeholders across Canada to create dialogue on the design of a process for site selection for the long-term management of used nuclear fuel. 7 . 1\'WMO met with the DNHC and municipal officials in Durham Region on May 28,2009. . Many of the public comments and suggestions made in the dialogues had recurring themes on important issues such as: o Support of provincial governments is required o Visible presence of the federal government on this important national initiative is required o Visible involvement of regulatory authorities is required to ensure coordination o There is an important role for Third Party Reviews o The definition of "community" needs clarification o Benefits for the host community needs development o Avoid open-ended commitments for host communities involving used fuel from "new build" nuclear plants and to ensure no used nuclear fuel waste will be imported from other countries . The NWMO has been successful in developing relationships many c0l11munity groups in the four nuclear provinces as a result of the dialogues. Peter indicated the next steps for 1\TWMO are: . Develop the site selection process in a collaborative way with interested individuals and organizations. . Invite discussion and comments on the proposed site selection process. . Complete the 2009 engagement program. . Refine the site selection process with input from dialogues. . Accommodate communities interested in learning more. . Initiate the siting process after 2009. . Begin the site selection process only after the process for site selection has been confirmed and finalized. Peter Simmons indicated he would bring regular updates from the N"\VMO to the DNHC. Peter can be contacted at (647) 259-3050 or bye-mail at psimmonsrll!n\\-mo.ca for more information and their web site is \VW\\'.llV','mO.ca. The overheads Peter used are attached as Appendix 3. 4.5 Progress Report on the Waste Management Facilities at Pickering and Darlington Nuclear Generating Stations Nick Mahalic, Manager, Nuclear Management Facilities for OPG, provided a presentation on the Waste Management Facilities (WMF) at Pickering and Darlington Nuclear Generating Stations (NGS). The highlights of Nick's presentation were: . The Pickering WMF has stored used nuclear fuel in 542 Dry Storage Containers (DSC). . In 2009, 40 DSC will be loaded and 146 will transferred to the Phase 2 building. . In 2010,20 DSC will be loaded and 235 DSC moved to the Phase 2 building at the Pickering WMF. 8 . The Darlington WMF has stored used nuclear fuel in 100 DSC. . In 2009,60 DSC will be loaded. . In 201 0,40 DSC \vil1 be loaded at the Darlington \\--'11F. . Both Pickering and Darlington VilMFs will require mid-tern1 CNSC licence renewals. . OPG has been in full compliance with CNSC Operating Policies and Principles and has proven to be a safe reliable operator of \VMFs at Pickering and Darlington NGSs with no spills. Nick Mahalic will continue to provide regular updates to the DNHC. For more information on the VlMFs at Pickering a.l1d Darlington NGSs, contact Nick at (905) 839-1151 or bye-mail atnick.mahalic(ci).opg.com. 5.0 Health Effects 5.1 Report from the Durham Region Health Department on the Flu Pandemic Planning fuld Implementation for HINI Ken Gorman, Director, Environmental Health, provided a presentation on the HINI Flu Pandemic Planning and Implementation in Durham Region. The highlights of Ken's presentation were: . The Ministry of Health and Long-Term Care (MOHL TC) Clinical Guidance Documents for the DRHD and Health Units in Ontario included: o lunbulatory Care Settings, Emergency Departments o Child Care Settings, Home Care Settings o Pre-Hospital Settings, First Nations Communities o Long- Tenn Care Settings, Phannacies o Shelters, Summer Camps o Guidelines for Educational Settings such as schools and universities . The supply of vaccine is controlled by the MOHLTC. . Target populations were established on October 26, 2009 by the MOHL TC and the vaccine was provided at Public Health flu clinics, hospitals, long-term care homes and family health care providers. . The DRHD set up Flu Vaccine Clinics in Pickering, Ajax, Whitby, Bowmanville, Uxbridge, Scugog and Brock. . Special clinics were set up for the Durham Region Emergency Medical Services and Durham Regional Police Service. . By November 20, 2009, approximately 57,000 doses had been administered by the DRHD to the most vulnerable and priority groups but the vaccine is now available to anyone who wants it. Ken indicated the DRHD message on what to do stay healthy is: . Good hand hygiene is the best way to prevent the spread of all flu viruses so wash your hands with soap and water thoroughly and often. . Keep an alcohol-based hand sanitizer handy at work, at home and in your car and it needs to be at least 60% alcohol to be effective. 9 . Cover your mouth and nose with a tissue when you cough and sneeze or cough into your upper sleeve if you do not have a tissue. . Avoid crowds of people where viruses can be spread easily and stay at home when you are sick. . Keep common surfaces and items clean and disinfected. . Get vaccinated against the flu. . There will be two vaccines available: HINl and the seasonal flu vaccines. Ken Gorman indicated there is more information on the Durham Region Health Department site at \vw\v.durham.ca concerning flu vaccination. 6.0 Communications 6.1 Community Issues at Pickering Nuclear Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, provided an update on Community Issues at Pickering Nuclear. The highlights of Vanessa's presentation were: . Pickering units 1, 5, 7, and 8 are operating at full power and unit 6 is undergoing a planned outage. . Unit 4 is operating at 50% power to conduct an investigation of the stations monitoring system and make any necessary repairs. . Employees at Pickering A have worked almost 2.7 million hours without a lost-time injury and Pickering B is approaching 5.4 million hours. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or bye-mail at don.tem'@oP€!.com for more information. 6.2 Community Issues at Darlington Nuclear Vanessa Hughes provided an update on the community Issues at Darlington Nuclear. The highlights of Vanessa's presentation were: . All four units at Darlington are operating at full power. · Employees at Darlington are approaching 5 million hours without a lost-time mJury. . Darlington will be conducting an emergency preparedness drill on November 23, 2009. . Darlington has been nominated for a CLOCA Watershedo award for its ongoing support of environmental education initiatives. Vanessa Hughes, Manager of Public Mfairs at Darlington Nuclear, can be reached at (905) 697-7443 bye-mail at Vanessa.hughes@opg.com for more information. 6.3 Vanessa Hughes provided additional information relating to OPG and both Pickering and Darlington Nuclear sites and they are: . The International Wildlife Council (WHC) has awarded OPG with the prestigious "CEO Award" which recognizes a corporation with a history of 10 striving for excellence in biodiversity in three areas: Conservation, Education and Outreach. It Darlington and Pickering Nuclear sites have been honoured by WHe in the past and other awards including "Habitat of the Year" award. s Eleven OPG sites across Ontario that have been certified VI'ith WHe. . The CEO Award recognizes the entire OPG organization for the collective efforts of all the sites across the province. . OPG has launched its annual employee fundraising activities across Durham Region including Food and Toy Drives and sponsorship of several Santa Claus Parades. . Pickering and Darlington Nuclear staffpanicipated in the Durham Children's Ground Water Festival and OPG was one of the founding partners. . OPG has been working with the Durham Regional Police Service for the past two years to transition the armed support for station security at the Pickering and Darlington sites. . In January 2010, OPG will assume fuiI responsibility for armed security at Pickering and later in 2010 Darlington will assume full responsibility. 7.0 Other Business 7 .1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 4. 7.2 Brian Devitt indicated the scheduled D1\THC meetings for 2010 are: . January 15 to be hosted by the Health Department . April 16 to be hosted by UOIT . June 18 to be hosted by Pickering Nuclear . September 17 to be hosted by Darlington Nuclear . November 19 to be hosted by the Health Department 7.2 Future Topics for the Dt\THC to Consider Robert Kyle indicated the topics for discussion at the next meeting on January 15, 2010 or future D1\THC meetings may include: . Report from the Ministry of the Environment concerning inspections of Pickering and Darlington Nuclear Generating Stations . Report from OPG on the Integrated Safety Review for Pickering B . Report from ABCL on the Production and Supply of Medical Isotopes in Canada . Progress Report from ABCL on the Port Granby Project . Progress Report from OPG on the New Nuclear at Darlington Project . Report from the DRHD on the DineSafe Durham program 11 8.0 Next Meeting Date Time Location January 15,2010 12:00 PM Lunch served 1 :00 PM Meeting begins Durham Region Health Department 605 Rossland Road East Meeting Room 1 G Whitby, Ontario 9.0 Adjournment at 4:35 PM 12 .~ CENTRAL LAKE ONTARIO CONSERV ATl~!~tJja0RIw55 :50 M I NUT E S N O. 8 AUTHORITY MEETING Tuesdav. November 17. 2009 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM 1-4 Present: G. Emm, Chair R. Johnson, Vice Chair S. Crawford A. Cullen J. Drumm A. Foster R. Hooper D. Mitchell J. Neal M. Novak M. Pearce P. Perkins DISTRJ,~nON REVIEWED BY/V ORIGINAL TO: lJ COUNCIL ertOUNCIL lJ fiLE DIRECTION INFORMATlQNmo____ . COPYT(f: .- lJ MAYOR lJ MEMBERS Of COUNCIL lJ COMMUNITY lJ CORPORATE SERVICES SERVICES lJ ENGINEERING lJ MUNICIPAL SERVICES CLERK'S (;;I PLANNING lJ SOLICITOR SERVICES lJCAO lJ EMEIIGEJlCy SERVICES lJ OfIfRATlONS J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage G. Geissberger, Community Outreach Coordinator R. Hersey, Director, Development Review & Regulation P. Lowe, Director, Watershed Stewardship & Community Outreach P. Sisson, Director, Engineering & Field Operations G. SooChan, Director, Groundwater K. Tate, Administrative AssistantlRecording Secretary lJ TREASURY lJ OTHER MUNICIPAL CLERK'S FilE Ftc) I c~t; Excused: J. Gray M. Hrynyk, General Superintendent Absent: B. Nicholson . G. Emm called the meeting to order at 5:05 p.m. DECLARA nONS of interest by members on any matter herein contained A. Foster declared a conflict of interest with respect to correspondence item #RPRG3l 02C l2/RPRG3394C2 as well as the delegation scheduled to be given re John and Inge Huber, and neither took part in discussion nor voted on the matter. ADOPTION OF MINUTES Res. #92 Moved by M. Novak Seconded by P. Perkins THA T the Authority minutes of September 15, 2009 he adopted as circulated. CARRIED S. Crawford and R. Johnson arrived at 5: 10 p.m. AUTHORITY MINUTES MEETING NO.8 - NOVEMBER 17, 2009 - PAGE 2 4_ PRESENTATIONS 1) Oshawa Communities In Bloom Certificate of Appreciation G. Emm presented a Certificate of Appreciation that has been awarded to Central Lake Ontario Conservation by the City of Os haw a in thanks for support to the 2009 Communities in Bloom Program. 2) 2009 Durham Children's Groundwater Festival ? ~mm presented two diamond award~ received by Central Lake.Ontario Conservation froIIf'the.~-WFj~c!f~?ne-~ and tn-kind support to the 2009 Durham Children's Groundwater FestIval. i "'",. -,.... . ". . j CORRESPONDENCE \ 0_00" . 0'-- " (I) Correspondence item #RPRG3102CI2/RPRG3394C2 from John and Inge Huber . Re: Complaints Regarding CLOCA Pennits C08-0 II-G and C09-III-G . 1, ~ !"f"f""< (5) Moved by R. Johnson Seconded by R. Hooper THA T correspondence item #RPRG3102C12/RPRG3394C2 (attached as 'sch(!tl~!e' 3-1 & 3-2 ~f Nov~'17/09Ybe received for information and in conjunction with the delegation schedulell in t,/:I~ ~genfl(l. CARRIED j' " . . . , , \ CLOCA correspondence to the Members of the Pickering Rod & Gun Club : Re: Letter of congratulations in celebration of Pickering Rod & Gun Club's 50th anniversary CLOCA correspondence to Peter Perry Selection Committee i .0' .0' Re: Letter of support - Nomination of Wilson Paterson for the Peter Perry Award l "0 _~_" .0" ._ , "COo, CLOCA e-mail correspondence to Councillor Don Mitchell, Town of Whitby Re: Tony Palmer - Three Matters Correspondence from The Durham East 4-H Geocaching Club Re: Thank you note including photograph for use of GPS units Moved by R. Johnson Seconded by R. Hooper fH Res. #93 1,: iii. (2) (3) (4) Res. #94 THAT the above correspondence items (attached as Schedule 3-3 to 3-19 of Nov. 17/09) be receivedfor information. CARRIED DELEGATION - John and Inge Huber property Mr. John Huber, P.Eng., PMP on behalf of his parents John and Inge Huber, gave a slide presentation (previously circulated to members). G. Emm thanked John Huber for his presentation and welcomed questions. Discussion ensued. R. Hersey gave a summary of events to date and answered questions. Res. #95 Moved by R. Johnson Seconded by M. Pearce THA T the delegation be received for information and that the matter be referred to staff and report back at the next scheduled Board of Directors meeting. CARRIED . .. AUTHORITY MINUTES MEETING NO.8 - NOVEMBER 17,2009 - PAGE 3 DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (1) Staff Report #4834-09 (attached as Schedule 5-1 to 5-4 olNovo 17/09) Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses - September 1 to October 31, 2009 Res. #96 Moved by P. Perkins Seconded by M. Novak THA T the attached applications be approved and the respective permits be issued. CARRIED (2) Staff Report #: File No.: Applicant: Application: Location: 4838-09 (attached as Schedule 5-5 to 5-8 olNov. 17/09) W09-189-GBFH Sheila Roberts construct a new two car detached garage within the floodplain 925 Annes Street, Whitby Part of Lot 28, Concession 1, Whitby Res. #97 Moved by P. Perkins Seconded by M. Novak THA T the application be approved subject to the following conditions: 1. The project shall generally be carried out in accordance with the plans and specifications submitted in support of the application, as they may be amended by the following conditions. 2. The applicant shall enter into a Save Harmless Agreement with the Authority at the owners expense prior to the issuance of this permit 3. The structure shall be designed and approved by a qualified engineer to withstand hydrostatic pressures under a regualtory flood event 4. All electrical outlets shall be elevated as high as possible within the structure. 5. The applicant agrees to install and maintain all sedimentation controls as directed by Authority staff. 6. All disturbed areas shall be seeded, sodded or stabilized in some other manner acceptable to the Authority. 7. The applicant agrees to maintain all existing drainage patterns. CARRIED DIRECTOR, WATERSHED STEWARDSHIP AND COMMUNITY OUTREACH (1) Staff Report #4836-09 Family Raptor Viewing Day, Thursday, September 3, 2009 Res. #98 Moved by M. Pearce Seconded by A. Cullen THA T Staff Report #4836-09 (attached as Schedule 6-1 to 6-3 of Nov. 17/09) be received for information. CARRIED (2) Staff Report #4841-09 2009 Durham Children's Groundwater Festival Summary Res. #99 Moved by M. Pearce Seconded by A. Cullen THA T Staff Report #4841-09 (attached as Schedule 6-4 to 6-7 of Nov. 17/09) be received for information. CARRIED AUTHORITY MINUTES MEETING NO.8 - NOVEMBER 17, 2009 - PAGE 4 . , DIRECTOR, ENGINEERING AND FIELD OPERATIONS (1) Staff Report #4845 Highway 407 East Environmental Assessment Res. #100 Moved by M. Pearce Seconded by P. Perkins THA T Staff Report #4845-09 (attached as Schedule 7-1 to 7-8 of Nov. 17/09) be received for information. CARRIED (2) Staff Report #4844-09 Lynde Shores Conservation Area - Eastbourne Estates Residences Res. #101 Moved by S. Crawford Seconded by R. Johnson THA T Staff Report #4844-09 (attached as Schedule 7-9 to 7-14 of Nov. 17/09) be received for information. CARRIED (3) Staff Report #4846-09 2009 Conservation Areas - Update on Approved Funding Res. #102 Moved by R. Johnson Seconded by D. Mitchell THAT Staff Report #4846-09 (attached as Schedule 7-15 to 7-18 of Nov. 17/09) be receivedfor information. CARRIED DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report #4837-09 Terrestrial Watershed Monitoring Landowner Contact Res. #103 Moved by A. Cullen Seconded by R. Hooper THA T Staff Report #4837-09 (attached as Schedule 8-1 & 8-2 of Nov. 17/09) be received for information. CARRIED (2) Staff Report #4839-09 Update on Bank Stabilization Works on Harmony Creek, Branch 1 Pennit File No. 009-104-GFHA Res. # 104 Moved by M. Novak Seconded by S. Crawford THA T Staff Report #4839-09 (attached as Schedule 8-3 of Nov. 17/09) be received for information. CARRIED (3) Staff Report #4842-09 Black/Harmony/Farewell Creek Watershed Management Plan Report Res. #105 Moved by R. Hooper Seconded by S. Crawford THAT Staff Report #4842-09 (attached as Schedule 8-4 to 8-10 of Nov. 17/09) be received for information; and, THA T staff report back to the Board of Directors at an appropriate time with a progress report on the BlacklHarmony/Farewell Creek Watershed Plan. CARRIED AUTHORITY MINUTES MEETING NO.8 - NOVEMBER 17, 2009 - PAGE 5 DIRECTOR, GROUNDWATER RESOURCES (1) Staff Report #4847-09 CTC Source Water Protection - Source Water Protection Update Res. #106 Moved by P. Perkins Seconded by M. Pearce THA T Staff Report #4847-09 (attached as Schedule 9-1 to 9-5 of Nov. 17/09) be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICER'S REPORTS (1) Staff Report #4840-09 2010 Meeting Schedule - Board of Directors and Committee of the Whole R. Johnson made a request to change the meeting date of Tuesday, March 16 to Tuesday, March 23; members agreed. Res. #107 Moved by M. Novak Seconded by A. Foster THA T Staff Report #4840-09 (attached as Schedule 10-1 of Nov. 17/09) be received for information; THA T the 2010 Meeting Schedule for Board of Directors be adopted; THAT Committee of the Whole meetings be scheduled, ifnecessary, at the call of the Chair. CARRIED Res. #108 Moved by R. Johnson Seconded by R. Hooper THA T the meeting convene "In Camera" to discuss property and personnel matters. CARRIED Res. #114 Moved by R. Johnson Seconded by S. Crawford THA T the meeting reconvene and that the actions of the "In Camera" session be adopted. CARRIED ADJOURNMENT Res. #115 Moved by R. Johnson Seconded by 1. Drumm THA T the meeting adjourn. CARRIED The meeting adjourned at 7:00 p,m. Claringl.. J)11 Ellcrgizillg Olllario REPORT #1 REPORT TO COUNCIL MEETING OF DECEMBER 14, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, DECEMBER 7,2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND-033-09 REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - OCTOBER 2009 2. OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A FINANCIAL OFFICE AND VISITORS' CENTRE APPLICANT: ONTARIO POWER GENERATION INC. THAT Report PSD-113-09 be received; THAT Official Plan Amendment #69 as contained in Attachment 2 to Report PSD-113-09 be adopted and that the necessary By-law be passed; THAT the application for a Zoning By-law Amendment submitted by Ontario Power Generation Inc. as contained in Attachment 2 to Report PSD-113-09 be approved; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-113-09 and Council's decision; and THAT all interested parties listed in Report PSD-113-09 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 - 2 - December 14, 2009 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 19, 2009 THAT Report PSD-114-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on November 19, 2009 for applications A 2009-0044, A 2009-0045 and A 2009-0046 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. APPLICATION FOR REMOVAL OF HOLDING SYMBOL 163-777 AVONDALE DRIVE, COURTICE APPLICANT: 812723 ONTARIO INC. THAT Report PSD-115-09 be received; THAT the application submitted by 812723 Ontario Inc. to remove the "Holding (H)" symbol be approved; THAT the By-law attached to Report PSD-115-09 to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report-115-09, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 5. AMENDMENT TO APPLICATION FEES BY-LAW PLANNING AND DEVELOPMENT APPLICATIONS THAT Report PS 0-116-09 be received; and THAT the By-law attached to Report PSD-116-09, detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be approved. Report #1 - 3 - December 14, 2009 6. REQUEST FOR PERMIT TO REMOVE 49 BEAVER STREET SOUTH, NEWCASTLE VILLAGE, FROM THE MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST THAT Report PSD-117-09 be received; THAT the Municipality authorize, in principle, the relocation of the heritage home at 49 Beaver Street South to 45 Edward Street East; THAT prior to moving the building at 49 Beaver Street South, the applicant: a) File a building permit for and construct the foundation for the relocated house after the building has been moved to 45 Edward Street East; b) Enter into a site plan agreement for the expanded mixed use development site incorporating 97 and 131 King Street East and 49 Beaver Street South containing appropriate conditions with respect to relocating the house at 49 Beaver Street South; and c) Obtain the approval of Engineering Services and any relevant agency for moving the house; THAT the cement block house located at 49 Beaver Street South, be removed from the Municipal Register of properties of cultural heritage value or interest on the day prior to the move; THAT staff be authorized to issue the building permit to allow the building to be moved to 45 Edward Street East at the time that recommendations 2 and 3 have been fulfilled; THAT the cement block house relocated to 45 Edward Street East be placed on the Municipal Register of properties of cultural and heritage interest on the day subsequent to the move; and THAT all interested parties listed in Report PSD-117 -09 and any delegation be advised of Council's direction. Report #1 - 4 - December 14, 2009 7. DARLINGTON SOCCER CLUB PROPOSAL TO OPERATE BOWMANVILLE INDOOR SOCCER FACILITY CONCESSION THAT Report CSD-015-09 be received; THAT the competitive bidding requirements of the Purchasing By-law be waived; THAT the proposal from the Darlington Soccer Club be endorsed; THAT staff be authorized to negotiate an agreement with the Darlington Soccer Club for the operation of the concession space at the Bowmanville Indoor Soccer Facility for the purpose of providing snack and refreshment services; THAT the term of this agreement will include the remainder of the 2009/10 season and the entire 2010/11 indoor soccer season. Staff will provide a follow up report on the first term of operation before entering into discussions for a lease extension/renewal; THAT the By-law attached to Report CSD-015-09 marked Schedule "An authorizing the Mayor and Clerk to Execute the lease agreement be approved; and THAT the Darlington Soccer Club be advised of Councils decision. 8. 2010 MUNICIPAL ELECTIONS THAT Report CLD-027 -09 be received; THAT a by-law establishing the hours and dates of the advance votes for the 2010 Municipal Election be passed; THAT the Municipal Clerk be authorized to place advertisements in the local newspapers as determined necessary in order to increase awareness of the election process among the Municipality's electorate; and THAT Kerry Maydem and Louis Bertrand be advised of Council's decision. Report #1 - 5 - December 14, 2009 9. RFP2009-11 - CONSULTING SERVICES FOR GARNET B. RICKARD RECREATION COMPLEX - ENERGY RETROFIT THAT Report COD-071-09 be received; THAT the proposal received from Efficiency Engineering Incorporated, Cambridge, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2009-11 be accepted for the provision of Consulting Services for the Energy Retrofit project at Garnet B. Rickard Recreation Complex, with a submission including disbursements of $ 89,100.00 (excluding GST); and THAT the funds required be drawn from Account # 110-42-421-84258-7401. 10. REQUEST OF MR. TONY WOOD FOR TORNADO FINANCE ASSISTANCE THAT Report FND-034-09 be received; and THAT the request from Tony Woods to provide financial assistance to the Jobe/Dalgleish family be respectfully denied. 11. CLARINGTON CONCERT BAND THAT Report CAO-009-09 be received; THAT permission be granted to the Clarington Concert Band to use or present itself as the Official Town Band of Clarington subject to the terms and conditions attached to Report CAO-009-09; and THAT Mr. Colin Rowe of the Clarington Concert Band be advised of Council's decision. 12. SHEILA HALL, EXECUTIVE DIRECTOR OF THE CLARINGTON BOARD OF TRADE, REGARDING PHYSICIAN RECRUITMENT Resolution #GPA-661-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Ms. Sheila Hall, regarding physician recruitment, be received with thanks. Report #1 - 6 - December 14, 2009 13. IVAN CIUCIURA, DIRECTOR OF EMERGENCY MANAGEMENT, REGION OF DURHAM, REGARDING NUCLEAR PREPAREDNESS THAT the presentation of Mr. Ivan Ciuciura, Director of Emergency Management, Region of Durham, regarding nuclear preparedness, be received with thanks. 14. DAVE MCCAULEY FROM NATURAL RESOURCES CANADA AND BOB NEUFELD FROM THE PORT HOPE AREA INITIATIVE MANAGEMENT OFFICE REGARDING PROPERTY VALUE PROTECTION PROGRAM THAT the presentation of Mr. Dave McCauley, Natural Resources Canada, and Mr. Bob Neufeld, PHAIMO, be received with thanks; and THAT Staff schedule a meeting with Mayor Abernethy, Councillor Robinson, Councillor Trim, Mr. McCauley and Mr. Neufeld, to discuss the Property Value Protection Program and the hiring of a dedicated resource person. 15. JEFF BROOKS, PRINCIPAL PLANNER, REGION OF DURHAM, REGARDING DURHAM SMART COMMUTE PROGRAM AND CAR POOLING INITIATIVES THAT the presentation of Mr. Jeff Brooks, Principal Planner, Region of Durham, regarding the Durham Smart Commute Program and Car Pooling Initiatives be received with thanks; and THAT the Chief Administrative Officer meet with Mr. Brooks to discuss opportunities for the Durham Smart Commute Program and the Municipality of Clarington. 16. DELEGATION OF MR. VALENTINE LOVEKIN, REGARDING COUNCIL AUTHORIZATION OF STAFF TO DISCUSS TWO OUTSTANDING LEGAL MATTERS WITH NEWCASTLE RECYCLING LTD. THAT Mr. Valentine Lovekin's delegation be received; and THAT the matter of the two outstanding legal matters with Newcastle Recycling Ltd., be referred to the Chief Administrative Officer for a verbal report at the next meeting of Council. Report #1 - 7 - December 14, 2009 17. DELEGATION OF MR. GERRY MAHONEY, REGARDING THE PROPERTY VALUE PROTECTION PROGRAM THAT the delegation of Mr. Gerry Mahoney, regarding the Property Value Protection Program be received with thanks; and THAT Mr. Mahoney be advised of the Committee's decision, ea rlier in the meeting, regarding the delegations of Mr. McCauley and Mr. Neufeld. 18. DELEGATION OF MR. AL STORIE, REGARDING ALFIE SHRUBB THAT Mr. Storie be thanked for his delegation and for all his work on behalf of the Mr. Alfie Shrubb and the Alfie Shrubb Classic Race. 19. DELEGATION OF MR. RICHARD WARD, REGARDING IMPLICATIONS RESULTING FROM THE COMPLIANCE AUDIT OF JOHN MUTTON THAT the request of Mr. Ward, to reconsider the Compliance Audit of John Mutton, be denied. 20. CANADA - ONTARIO AFFORDABLE HOUSING PROGRAM - 2009 EXTENSION - NEW RENTAL HOUSING COMPONENT PRELIMINARY PROJECT RECOMMENDATIONS THAT the recommendations contained in Confidential Report PSD-118-09 be approved. STAFF REPORT 111 Cl!J!mgron REPORT EMERGENCY & FIRE SERVICES Meeting: Council Date: December 14, 2009 Resolution#: Report #: Addendum to ESD-014-09 File #: By-law #: Subject: SERVICE FEE AMENDMENTS RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum to Report ESD-014-09 be received; 2. THAT Report ESD-014-09 be received; 3. THAT the implementation of new service fees and an increase in fees addressed in Report ESD-014-09 be approved; and 4. THAT the by-law attached to Report ESD-014-09 as Schedule B be approved. Submitted by: ~lL ~ ---' Gordon Weir, AMCT, CMM111 Director Emergency_ &Fire Services Reviewed by:O~5~ Franklin Wu, Chief Administrative Officer GW*tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: ESD-014-09 PAGE 2 of 4 1.0 BACKGROUND AND COMMENT 1.1 During consideration of Report CAO-004-09 at the Special Council meeting held on August 31,2009, Council was advised that an implementation of new service fees and an increase in existing service fees would be recommended as possible savings ideas for the 2010 budget. 1.2 The present day service/document fees were introduced under Schedule "0" of By-law 96-32 Fees Prescribed by the Fire Chief. The service/document fees included: Service/Document Fee Burning Permits $25.00 Day Care/Home Day Care Centre Inspections $75.00Ilnspection Wood Stove Inspections requested by Home Owner & Insurance Companies $50.00/lnspection Fire Loss Reports Requested by InsUrance Companies $75.00/lnspection Refreshment Vehicle Inspections $75.00/lnspection 1.3 Staff surveyed the Municipalities of Ajax, Whitby, Pickering, Oshawa and Scugog to determine their service/document fees. A chart highlighting the survey findings is attached to this report as Schedule A, Attachment 1. 2.0 CHANGES TO SERVICE/DOCUMENT FEES 2.1 Burning Permits By-law 96-32 implemented a charge of $25.00 for Burning Permits. The Municipality sells approximately 190 permits a year. The fee for Open Air Burning Permits amongst the surveyed Municipalities ranges from $25.00 to $68.58. Staff recommends the fee for Open Air Burning Permits be increased to $78.00 plus applicable taxes for a 12 month permit. In addition, staff recommends a 30 day Open Air Burning permit for a fee of $39.00 plus applicable taxes be an option. ESD-014-09 PAGE30f4 2.2 Day Care/Home Day Care Centre Inspections By-law 96-32 implemented a charge of $75.00 for Day Care/Home Day Care Centre inspections. Staff inspects approximately 8 occupancies of this type annually. The fee for Day Care/Home Day Care Centre Inspections amongst the surveyed Municipalities ranges from $65.00 per hour to $193.25. Inspections of Day Care/Home Day Care Centres fall under Part 9 of the Ontario Fire Code and on average take 3 hours to complete. Staff recommends all Part 9 new business inspections and upon request inspections have a document/service fee of $234.00 plus applicable taxes, and all Part 9 license renewal inspections have a document/service fee of $78.00 plus applicable taxes. 2.3 Wood Stove Inspections requested by Home Owner & Insurance Companies By-law 96-32 implemented a charge of $75.00 for Wood Stove Inspections requested by home owners and insurance companies. Staff, inspects approximately 5 wood stoves annually for WETT Certification. Staff recommends inspections forWETT Certification be increased to $78.00 plus applicable taxes. 2.4 Fire Loss reports Requested by Insurance Companies By-law 96-32 implemented a charge of $75.00 for Fire Loss Reports requested by insurance companies. The fee for Fire Loss Reports requested by insurance companies amongst the surveyed Municipalities ranges from $60.00 to $125.00. Staff recommends the document/service fee be increased to $78.00 plus applicable taxes and will be administered through Emergency Services. ESD-014-09 PAGE 4 of 4 3.0 NEW SERVICE/DOCUMENT FEES 3.1 As a result of survey Schedule "A", staff recommends the following document/service fees plus applicable taxes: . Liquor Licensing for outdoor patios - includes full inspection $234.00 . Part 3 Inspection - over 600m2 - initial inspection - upon request $468.00 . Part 3/Part 9 Inspection additional storey - above/below grade $39.00 . Fireworks Sales Trailer Inspection $78.00 . Standby Requests - per vehicle for the first hour or part thereof $350.00 . Motor Vehicle Collisions on 400 Series Highways, Highway 35/115, Highway 35. Highway 115 - (cost recovery through MTO) - per vehicle for the first hour or part thereof $350.00 . Services as a result of a malicious or criminal act as determined by the Fire Chief - per vehicle - per hour $350.00 . Additional Expenses - in order to eliminate an emergency Cost Recovery . Response to Unapproved Open Air Burning - following one warning - per vehicle - per hour $350.00 . Response to fires on or beside rail lines caused by railway company Cost Recovery . Response to Malicious and Nuisance Alarms - at the discretion of the Fire Chief - per vehicle - per hour $350.00 4.0 CONCLUSION As staff reported on August 31, 2009, new service fees and increases to existing service fees would be considered to assist with the 2010 budget. It is recommended that the fees aQdressed in Schedule 0 (Attachment #2) be implemented effective January 1, 2010 and replace Schedule 0 of By- law 96-32. Schedule A Attachment #1 to Report ESD-014-09 Clarington Clarington Ajax Whitby Pickering Oshawa Scugog Existing Proposed INFORMA TION Copy of Emergency Response 75.00 78.00 Report - within past 2 years 74.81 65.00 125.00 65.00 60.00 Inso Co. Copy of Emergency Response 75000 156.00 Report - over 2 years - Archival 149.61 65000 125.00 65.00 60.00 Ins. Co. File Search 55.00 65.00 - 125.00 65.00 60.00 N/C 78.00 195.00 Fire Regulation Compliance 55.00 65.00 125.00 65.00 60.00 N/C 78.00 Letter INSPECTIONS Boarding / Lodging / Rooming 65.00/hr N/C N/C 234.00 House upon request 193.25 65000/hr 125.00 2 hr min Educational Institutions upon 193.25 65.00/hr 125.00 65.00/hr N/C N/C 234000 request ? hr min Foster Care - upon request 65.00/hr N/C N/C 234.00 193.25 65.00/hr 125.00 2 hr min , Group Home - 'upon request 65000/hr N/C N/C 234.00 193.25 65.00/hr 125.00 2 hr min Institutional - upon request 65.00/hr 100.00/hr N/C 234.00 19325 65.00/hr 125.00 2 hr min Licensed Day Care - upon 65.00/hr 100.00 75.00 234.00 193025 65.00/hr 125.00 request 2 hr min Schedule A Attachment #1 to Report ESD-014-09 Whitby Pickering Oshawa Scugog Clarington Clarington Ajax Existing Proposed Private Home Day Care - upon 193.25 65.00/hr 125.00 65.00/hr 100.00 75.00 234.00 request 2 hr min Liquor Licensing - upon request 65.00/hr - includes occupant load 193.25 65000/hr 125.00 2 hr min 100.00/hr N/C 234.00 calculations Liquor Licensing for outdoor 193.25 65.00/hr 125.00 65000/hr 100.00/hr N/C 234.00 patios - includes full inspection 2 hr min Non-Residential Inspection - 193.25 65.00/hr 125.00 65.00/hr 100.00/hr N/C 468.00 1000m2 or less - upon request 2 hr min Non-Residential Inspection - each additional 1000m2 or each 25.00 N/A N/A N/A N/A N/C 39.00 additional floor Non-Residential Inspection - 65.00/hr multiple unit occupancy - per 193.25 65.00/hr 125.00 2 hr min 100.00/hr N/C 468000 tenant (strip mall) Residential Inspection - upon 468.00 request - (includes apartment 193.25 65000/hr 125000 65.00/hr 100.00/hr N/C SFD-N/C complex! hotel I motel) Residential Inspection - each 39.00 additional storey - above or 25.00 N/A N/A N/A N/A N/C SFD-N/C below grade Two Unit Residential Inspection N/C-500.00 -Retrofit - upon request or 168032 65000/hr for 65000/hr 115.00 N/C N/C complaint registration Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog Clarington Clarington Existing Proposed Re-inspections N/C 65.00/hr N/C 65.00/hr N/C N/C N/C 2 hr min Wood Burning Appliance - upon N/C N/A N/C N/A N/C 50.00 78.00 request (WETT) Fireworks 200.00 By- N/A 125.00 N/C N/C N/C 78.00 law collects Fire Safety N/C 65000/hr N/C N/C N/C N/C N/C Presentations/training Requests of SFD inspection by N/C N/C N/C N/C N/C N/C N/C homeowner Fire Route Applications N/C N/C N/C N/C N/C N/C N/C Inspection initiated by FD. N/C N/C N/C N/C N/C N/C N/C Security key- box N/C N/C 80.00 Actual cost N/C N/A N/A Fire Safety Plan Development N/C N/C N/C 65.00/hr N/C N/C N/C Miscellaneous Inspections 193.25 125.00 65000/hr 100.00/hr N/C N/C 65.00/hr 2 hr min Refreshment Vehicle N/C N/C N/C N/C N/C 78.00 78000 PERMITS Open Air Burning 68.58 50000 N/C 65.00 25000 25.00 39000-78.00 Open Air Burning /extinguisher 68.58 10-15.00 N/C 130.00/hr N/C N/C N/C training per person Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog Clarington Clarington Existing Proposed Open Air Burning -Farm N/C 50.00 N/C N/C 25.00 N/C N/C EMERGENCY SERVICES Standby Requests - MTO Rates 500 - 800 - per vehicle for the first hour or 350.00 350.00 350.00 350000 125/hr N/C 350.00 part thereof 5 F/F @ 30.06/hr Standby Requests - MTO Rates - per vehicle for each additional 175.00 175.00 N/A 175.00 N/A N/C N/A one-half hour or part thereof Motor Vehicle Collisions on Hwy 350/hr+ 401 - (cost recovery through 350.00 350.00 350.00 350.00 manpower 350.00 350000 MTO) -per vehicle for the first MTO roads hour or part thereof only Motor Vehicle Collisions on Hwy 401 - cost recovery through MTO -per vehicle for each 175.00 175.00 N/A 175.00 N/A 175.00 N/A additional one-half hour or part thereof Response to Hazardous Material Incident - per vehicle 350.00 + 350.00 + for first hour or Costs Costs Costs Costs N/C N/C N/C part thereof - plus any additional clean-up costs Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby o Pickering Oshawa Scugog Clarington Clarington Existing Proposed Response to Hazardous Material Incident - per vehicle 175000 N/A N/A 175.00 N/A N/C N/A for each additional one-half hour or part thereof Response to Dangerous Goods Incident - per vehicle for first 350.00 Costs Costs 350.00 N/C N/C N/C hour or part thereof, plus any additional clean-up costs Additional Expenses - in order Actual Actual Actual Actual Actual Cost Cost to eliminate an emergency Costs Costs Costs Costs Costs Recovery Recovery Response to Dangerous Goods Incident - per vehicle for each 175.00 175.00 N/A 175.00 N/C N/C N/A additional one-half hour or part thereof Attending Natural Gas Incident - per vehicle for first hour or part 350000 N/C N/C 350.00 N/C N/C N/C thereof Attending Natural Gas Incident- per vehicle for each additional 175.00 N/A N/A 175.00 N/C N/C N/A one- half hour or part thereof Attending a Non-Emergency Elevator Incident - per vehicle 350.00 N/C N/C 350.00 N/C N/C N/C for first hour or part thereof Attending a Non-Emergency Elevator Incident - per vehicle 175.00 N/A N/A 175.00 N/C N/C N/A for each additional one-half hour or part thereof I I Clarington Clarington Ajax Whitby Pickering Oshawa Scugog Existing Proposed PREVENTABLE FIRES & ALARM SERVICES Response to Unapproved 350.00 350.00 500/hr+ 350000 Open Air Burning -per vehicle following 100.00 N/C following manpower N/C following for first hour or part thereof one one 30.06 one warning warning person/hr warning Response to Unapproved 250+ Open Air Burning - per vehicle 175.00 N/A N/C 175.00 N/C N/A for each additional one-half manpower hour or part thereof Response to fires on or beside Actual Actual Actual Actual N/C Actual Actual rail lines caused by railway Costs Costs Costs Costs Costs Costs company Response to Malicious and 500/hr+ Nuisance Alarms - per vehicle 350000 manpower 350000 for the first hour or part thereof 30.06 350.00 More than 2 350.00 350.00 person/hr N/C Fire Chiefs per year after Discretion 2/6mths Response to Malicious and 250+ Nuisance Alarms - per vehicle 175000 65.00/hr N/A 175.00 N/C N/A for each additional one-half manpower hour or part thereof Schedule A Attachment #1 to Report ESD-014-09 Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog Clarington Clarington Existing Proposed Response to false alarm as a result of work being performed 500/hr+ 350.00 on a fire alarm system or emergency system following 350.00 350.00 350000 350.00 manpower N/C Fire Chiefs 30.06 one false alarm in a calendar person/hr Discretion year - per vehicle for the first hour or part thereof Response to false alarm as a result of work being performed on a fire alarm system or emergency system following 175.00 N/A N/A 175.00 250+ N/C N/A one false alarm in a calendar manpower year - per vehicle for each additional one-half hour or part thereof Schedule B to Report ESD-014-09 THE COROPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees WHEREAS at its meeting held on November 30, 2009, the Council of the Municipality of Clarington adopted the recommendations contained within Report ESD-014-09 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HERBY ENACTS AS FOLLOWS: 1. THAT By-law 96-32 be amended; a) Be deleting Schedule liD" and replacing it with the attached Schedule liD" 2. THAT this by-law shall come into effect January 1, 2010 By-Law read a first, second and third time and finally passed this the ih day of December 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE liD" TO BY-LAW 96-32, AS AMENDED PAGE 1 of 2 Service Information I Documents Document Fee plus applicable tax Copy of Emergency Response Report, Fire Loss Report - $ 78000 Copy of Emergency Response Report, Fire Loss Report - over $ 156.00 2 years - Archival File Search $ 78.00 Fire Regulation Compliance Letter including WETT $ 78.00 Inspections, License Renewals, Burning Permits Schedule "A" Open Air Fire Permit - Residential (12 months) $ 78000 Schedule "A" Open Air Fire Permit - Residential (30 day) $39.00 Schedule "B" Agreement for Controlled Burn Permit - farm n/c Inspections Liquor Licensing for outdoor patios - includes full inspection $ 234000 Part 3 Inspection - over 600m2 - initial inspection - upon $ 468.00 request Part 9 Inspection - less than 600m2 - initial inspection - upon $ 234.00 request Part 3 or Part 9 Inspection additional storey - above or below $ 39000 grade Single Family Residential Inspection n/c Fireworks - sales trailer $ 78000 Refreshment Vehicle $ 78.00 PAGE 2 of 2 Service Public Education and Training Document Fee plus applicable tax Fire Safety Plan Development - single family dwelling n/c Fire Safety Presentations and Lectures n/c Fire Safety House Presentation n/c Fire Drill n/c Fire Extinguisher Training n/c Emergency Services Standby Requests - per vehicle for the first hour or part thereof $ 350.00 Motor Vehicle Collisions on 400 Series Highways, Highway 35/115, Highway 35, Highway 115 - (cost recovery through MTO) $ 350.00 - per vehicle for the first hour or part thereof Services as a result of a Malicious or criminal act as determined by $ 350000 the Fire Chief - per vehicl.e - per hour Additional Expenses - in order to eliminate an emergency Cost Recovery Preventable Fires and Alarm Services Response to Unapproved Open Air Burning - following one $ 350.00 warning - per vehicle - per hour Response to fires on or beside rail lines caused by railway Cost Recovery company Response to Malicious and Nuisance Alarms - at the discretion of $ 350.00 the Fire Chief - per vehicle - per hour SUMMARY OF BY-LAWS December 14, 2009 BY-LAWS 2009-169 Being a By-law to adopt Amendment No. 69 to the Clarington Official Plan (Item 2 of Report #1 ) 2009-170 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Ontario Power Generation Inc.) (Item 2 of Report #1) 2009-171 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (812723 Ontario Inc.) (Item 4 of Report #1) 2009-172 Being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended (Item 5 of Report #1 ) 2009-173 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Darlington Soccer Club, Bowmanville, Ontario, to enter into agreement for the lease space at Bowmanville Indoor Soccer Facility, 2375 Baseline Road Bowmanville, Ontario to operate the concession (Item 7 of Report #1 ) 2009-174 Being a By-law to provide for advance votes to be held prior to the 2010 Voting Day (Item 8 of Report #1) 2009-175 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and The Clarington Concert Band to authorize the Band to present itself as the Official Town Band of Clarington (Item 11 of Report #1) 2009-176 Being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Claringtonand for prescribing the amount of such fees (Staff Report #1 ) 2009-177 Being a By-law to authorize the execution of an Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank (Correspondence Item D - 2) HA,NDOUTS/CIRCULA TIONS, COUNCIL C1~1"111g~0I1 M E M O Lead~agthe Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: December 11.2009 Subject: COUNCIL AGENDA- DECEMBER 14, 2009 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE D - 1 Attached for your information, is a memorandum providing staff comments regarding Correspondence Item D - 1 -Mike & Carmen Gazo, Perfect Party Inc. Requesting to Sell Fireworks Year Round. STAFF REPORT(S) 3. Verbal Report of the Solicitor Regarding Litigation or Potential Litigation, Including M Before Administrative Tribunals, affecting the Local Municipality or Local and Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS December 14, 2009 a) Giuseppe Braccia -Situation - Trull's Road at Mitchell's Corners (Correspondence Item D - 3) b) Bob Kreasul -Maintenance of Port Darlington Marina Channel (Correspondence Item D - 14) c) Kythe Baldwin, Newcastle Minor Hockey Ice Convener -Shortfall of Ice Time in Newcastle (Correspondence Item D - 12) d) Richard Ward -Report PSD-116-09 -Amendment to Application Fees By-Law Planning and Development Applications (Item 5 of Report #1) e) Tony Wood -Request of Mr. Tony Wood for Tornado Finance Assistance (Item 10 of Report #1) ~~• a.~a~ au w~`~ MEMO TO: Mayor Abernethy and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: December 11, 2009 RE: Correspondence Item D-1 -Mike & Carmen Gazo, Pertect Party Inc. Requesting to Sell Fireworks Year Round Correspondence Item D-1 on Monday's Council agenda is a request from Mike & Carmen Gazo, Perfect Party, to be allowed to sell Family Fireworks year round in their store. The Fire Department has advised that they do not feel comfortable with allowing fireworks to be available for sale throughout the year. There are too many needless injuries, especially with children through the misuse of consumer fireworks. There is the problem of fireworks being mistakenly sold to minors and the storage of fireworks adds to the fire hazard of a building. Many fire officials and fire safety organizations feel that sale of consumer fireworks should be completely banned and families be encouraged to attend firework events run by professionals. Clarington Fire agrees with this stance. The Municipal Law Enforcement Division is concerned that, as our by-law only allows for fireworks to be set off on May 24~" and July 15t~ any fireworks sold now would have to be stored until dates. This raises concerns over unsafe storage and accident potential. Patti Barrie cc: Department Heads L. Creamer, Manager, Municipal Law Enforcement