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HomeMy WebLinkAbout01/11/2010 ~1~iJlgton DATE: MONDAY, JANUARY 11,2010 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held December 14, 2009 Minutes of a special meeting of Council held December 16, 2009 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated July 20, September 11, September 25 and November 5, 2009 I - 2 Minutes of the St. Marys Cement Community Relations Committee dated December 1, 2009 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 8, 2009 I - 4 Winter Warmth Media Release - Growing Support of Local Utilities for the Winter Warmth Program CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - January 11, 2010 1-5 Gary Toft, Director of Communications, Office of the Honourable Gary Goodyear, Minister of State (Federal Economic Development Agency for Southern Ontario) - Intake Two of The Community Adjustment Fund I - 6 Diane Ploss, Policy Advisor, Ministry of Municipal Affairs and Housing - Ontario Tourism Event Marketing Partnership Program I - 7 P.M. Madill, Regional Clerk, Region of Durham - 2011 Census Geographic Convergence Project - Inclusion of the Durham Road Network File 1-8 P.M. Madill, Regional Clerk, Region of Durham - 2010 Interim Property Tax Levy I - 9 P.M. Madill, Regional Clerk, Region of Durham - Timetable for Approval of the 2010 Regional Business Plans, Detailed Budgets and Public Notification Provisions I - 10 Tara Alkhalisi, Project Coordinator, DurhamlYork Residual Waste Study - Addendum to the EA Study Document I - 11 The Honourable Lisa Raitt, P.C., M.P., Minister of Natural Resources, Canada - Atomic Energy of Canada Limited (AECL) Restructuring Initiative I - 12 Chief Constable Mike Ewles, Durham Regional Police Service (DRPS) - Frontline Service Delivery, 2008-2010 Strategic Business Plan and 2008 Annual Report I - 13 Tania Laverty, Manager, Communications, Region of Durham - Durham's 2010 Accessibility Plan 1-14 P.M. Madill, Regional Clerk, Region of Durham - Regulations to the Green Enerqy and Green Economy Act. 2009 and Renewable Energy Project Approvals Process I - 15 Rebecca Evans, President, Durham Region Home Builders Association - Payment of Development Charges I - 16 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing - Ontario Municipal Partnership Fund Council Agenda - 3 - January 11, 2010 I - 17 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment - 407 East Environmental Assessment Receive for Direction D - 1 Gene S. Ponniah - Appeal on Yard Waste Classification and Review of Related By-laws D - 2 Meg Lush - Petition regarding Daycare at 10 Rickaby D - 3 Bill and Terry Thompson - Mitchells Corners D - 4 Marc Van Herwijnen - Mitchells Corners D - 5 Lou Politano, P.Eng., Regional Director, Ministry of Transportation - Width of Sidewalks D - 6 Grant Algar - Request for Extension to Building Permit D - 7 Keith Isnor, Chair, Clarington Museums and Archives Board - Request for Funds from the Sturch Estate D - 8 Allen Eidsness - Dale Park Drive Parking D - 9 Linda Duffie, Immediate Past President, Lions Club of Bowmanville, Request for Proclamation of "Lions Club of Bowmanville" Week D - 10 The Township of Mapleton - Wind Energy Project D - 11 Ric McGee, Mayor, City of Kawartha Lakes - Wind Turbines D - 12 Mayor Rick Bonnette, Town of Halton Hills - Disposition of Surplus Real Property D - 13 Mayor David Guergis, Township of Essa - Conservation Authorities D - 14 P. M. Madill, Regional Clerk, Region of Durham - Memorandum from Dr. Robert Kyle, Commissioner & Medical Officer of Health Re: Lambton County Council Resolution D - 15 Carolyn Downs, City Clerk, City of Kingston - Exemption of Electricity Sales from Provincial Portion of Harmonized Sales Tax Council Agenda - 4 - January 11, 2010 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of January 4, 2010 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Mayor Abernethy, seconded by Councillor Woo "THAT Resolution GPA-351-09 which approves Pay Equity for the Non-Affiliated staff be amended to rescind the following clause: That in order to maintain pay equity Department Heads and Emergency Services Deputies be adjusted by the recognition pay value if awarded to the Fire Association employees at 3%, 6% and 9% effective January 1, 2010 without retroactivity to prior years; and THAT the remaining clauses of the resolution remain unaltered." UNFINISHED BUSINESS 1. Addendum 2 to Report PSD-067 -09 - Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited on Applications in the Village North Neighbourhood in Newcastle BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT CI~n Council Meeting Minutes DECEMBER 14, 2009 Minutes of a regular meeting of Council held on December 14, 2009, at 7:06 p.m., in the Council Chambers. Councillor Robinson 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 Director of Engineering Services, T. Cannella, attended until 8:28 p.m. Director of Community Services, J. Caruana, attended until 8:28 p.m. Director of Planning Services, D. Crome, attended until 8:35 p.m. Solicitor, D. Hefferon, attended until 8:35 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:28 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:28 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:28 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:28 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Item 19 of Report #1 . ANNOUNCEMENTS Councillor Novak advised that she, along with Councillors Foster and Hooper represented the Municipality at the Central Lake Ontario Conservation Authority Watershed Awards and displayed the plaque the municipality received at the last awards ceremony. Councillor Novak also expressed appreciation to the Region of Durham for work completed on the Courtice Road Bridge which is now open to traffic. Council Meeting Minutes - 2 - December 14, 2009 Councillor Hooper announced the following: . The Lions Club of Bowmanville and the Clarington Older Adult Association held a Holiday Open House on Sunday, December 13, 2009, with special guests from the Bowmanville Zoo. Donations to the Clarington Food Banks were generously given. . Councillor Hooper issued a reminder that the Olympic Torch will be passing through Clarington on Wednesday, December 16, 2009. MINUTES Resolution #C-699-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on November 23,2009, be approved. "CARRI ED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Giuseppe Braccia addressed Council concerning Correspondence Item D - 3 - Situation on Trulls Road at Mitchell's Corners. Mr. Braccia stated he has resided on Trulls Road for 30 years and the traffic has increased drastically over the years. He advised that concerned citizens would like to have the ditches filled in and storm sewers and a sidewalk constructed to address safety concerns for residents and children who walk or wait for the school bus on Trulls Road. Bob Kreasul addressed Council concerning Correspondence Item D - 14 - Maintenance of Port Darlington Marina Channel expressing concern that there is a severe lack of dredging in the channel and that it is very shallow and needs attention. Mr. Kreasul stated that boaters and charters generate substantial revenue for the local economy and he feels it is important for the marina to put their best foot forward. He noted that 99% of boats would run aground if the operators were not familiar with the local area. Mr. Kreasul indicated that the channel has been dredged in the past with costs paid by Port Darlington Marina and Wiggers Custom Yachts but that it is his understanding the municipality is responsible to maintain the channel. He stated that the cost to conduct the work, based on a recent estimate, would be approximately $40,000 and suggested that cost-sharing arrangements could be investigated with Wiggers Custom Yachts and the Port Darlington Marina. Council Meeting Minutes - 3 - December 14, 2009 Kythe Baldwin, Ice Convener and Scott Turner, Treasurer, Newcastle Village Minor Hockey Association, addressed Council concerning Correspondence Item D - 12 - Shortfall of Ice Time in Newcastle. Mr. Baldwin stated the Association's executive currently supports 318 children ranging in ages from 4 to 16 years of age and is comprised of 2 mites' teams, 13 house league teams, 5 representative teams, 2 AE teams and 1 select team. He stated currently 28 hours per week are dedicated to house league divisions and 18 hours of ice time per week is required for the REP/AE teams. Mr. Baldwin stated the league was provided with 34 hours of ice for the current season which is a substantial difference from the 46 hours of ice that are required as a minimum to field the teams responsibly. He advised that to compensate for the lack of ice time, the midget house league teams are doubled up as they receive only one ice time per week for games. Mr. Baldwin expressed concern that the league is forced to seek ice time in other municipalities, if available, and that the league was not permitted to book time at South Courtice Arena until local demands were met, even though the Village of Newcastle is part of the Municipality of Clarington. Mr. Baldwin provided statistics on projected population increases and the need for another facility. He acknowledged that planning for a new facility is underway and takes time to build but requested that the concerns of the Newcastle Minor Hockey Association be addressed and that the construction of a new facility begin. Richard Ward addressed Council concerning Item 5 of Report #1 - Report PSD-116-09 - Amendment to Application Fees By-Law Planning and Development Applications. Mr. Ward stated that in 1996 he requested a commercial designation on his property which was denied without a plausible explanation. He expressed concern with the proposed fees, noting the fees he would have to pay for his property would be the same as a developer building a 500 house subdivision despite the fact that commercial development does not require services other than sewer and water and the revenues produced by the commercial/industrial and institutional sectors are significant and would offset the residential portion of the tax levy. Mr. Ward indicated that he did not have an issue with the Zoning By-law amendment fees. Tony Wood addressed Council concerning Item 10 of Report #1 - Request of Mr. Tony Wood for Tornado Finance Assistance. Mr. Wood stated two years ago his neighbours invested all their money and purchased their dream property to house their horses and cattle. Unfortunately, a tornado ripped through the property destroying it and as a tornado is a natural disaster, the insurance provides only 50% of the property's value. Mr. Wood advised to rebuild a property requires numerous permits, controls, certificates and quotes which can become quite confusing and costly. He advised in order to assist their neighbours a Committee was formed to help guide them through the process. The Committee has arranged for quotes, worked with the building department and obtained donations of labour and materials. Mr. Wood acknowledged that legislation dictates that building permit fees must be collected but requested Council to assist with respect to the burden of fees. Council Meeting Minutes - 4 - December 14, 2009 COMMUNICATIONS Resolution #C-700-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items 1-1,1- 9,1-10,1-11 and 1-14. "CARRIED" I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 15, 2009 I - 3 Minutes of the Durham Nuclear Health Committee dated November 20, 2009 1-4 Minutes of the Central Lake Ontario Conservation Authority dated November 17, 2009 1-5 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. 1-6 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 Nuclear 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. 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; Council Meeting Minutes - 5 - December 14, 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. 1-12 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." 1-13 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 Committ recommend the following in support of the Regional waste diver program, based upon the Council approved Property Tax Guide of a 0.1 % tax impact (estimated at $37.4 million) approved for tt 2010 Solid Waste Management Business Plan and Budget: Council Meeting Minutes - 6- 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 no exceed $0.2 million to the existing contract, and to be financ within the 2010 and future Solid Waste Management Opera Budgets; ii) Regional Works and Finance staff be authorized to develop implement a Blue Box Bin distribution plan which makes additional Blue Box containers available to residents at a ne program cost not to exceed $0.5 million to be financed withi Solid Waste Management Budget and provided the Provinc subsidy as noted in recommendation iii) below; iii) Regional Works and Finance staff be authorized to apply fo if successful, enter into applicable agreements to receive u~ $1 million of Provincial subsidy from the Continuous Improvement Fund under the Waste Diversion Ontario (WD Blue Box Program Plan to develop and implement a Blue g. Bin distribution plan in Durham Region; iv) Regional Works and Finance staff be authorized to plan anc implement, in consultation with the eight local area municipalities, up to four new special waste events in suppc 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 an< launch two pilot studies at a total cost not to exceed $0.2 m in order to provide for an assessment of the diversion poten from offering polystyrene and mattress and upholstery recyc programs at the Region's Waste Management facilities (W~ with related business plans to be presented to Joint Works i Finance Committee for 2011 Business Planning purposes; vi) Regional Works and Finance staff be authorized to investigi potential implementation plans, infrastructure and other implications of reuse programs and eco-stations proposed c part of the 70% Diversion Plan, including potential for the development of community partnerships with various agenc 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; Council Meeting Minutes - 7 - December 14, 2009 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 Repol 2009-J-44 of the Commissioners of Finance and Works, be app and form a part of the annual Regional listing of Fees and Char~ made available to the public, with 2010 fees and charges amenc 2010 to reflect tire loads accepted free of charge where they arE isolated from other materials, as noted in Report 2009-WR-13 a 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; 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 Regil eight Local Area Municipalities." Council Meeting Minutes - 8 - December 14, 2009 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. I - 17 Bruce Pearce, Chair, Land Use Council (LUC), writing to the Honourable Donna Cansfield, Minister of Natural Resources 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. 1- 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. I - 1 Minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22, 2009 Council Meeting Minutes - 9 - December 14, 2009 Resolution #C-701-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22,2009, be received for information; and THAT Jenna Dunlop, Policy and Research Advisor, Durham Region Roundtable on Climate Change, Region of Durham, be invited to address Council in April or May, 2010, with respect to global warming. "CARRIED" 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 Forum for Young Canadians. Resolution #C-702-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I - 9 from Marie-Michele Laferriere, Manager of Programs and Outreach, Forum for Young Canadians, regarding the 2010 Forum for Young Canadians Program, be received for information; and THAT the information be posted on the Municipal website. "CARRIED" I - 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. Council Meeting Minutes - 10- December 14, 2009 Resolution #C-703-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT 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, be endorsed. "CARRIED" 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. Resolution #C-704-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Stan Kinsman, CEO, Managing Director, Renewable Energy Management Inc., be advised that the Municipality of Clarington is interested in receiving information on the Material Recycling and Advanced Conversion Gasification Facility in Wesleyville. "CARRIED" 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. Resolution #C-705-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the 2010 Kawartha Conservation Preliminary Budget be supported and forwarded to the Region of Durham. "CARRI ED" Council Meeting Minutes - 11 - December 14,2009 CORRESPONDENCE FOR DIRECTION Correspondence Item D - 16 was received as a hand out. Resolution #C-706-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda. "CARR I ED" D - 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. (Correspondence referred to the Director of Emergency and Fire Services and the Municipal Clerk) D - 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. (Execution of the inter-creditor agreement approved and the appropriate by-law be passed) Council Meeting Minutes - 12 - December 14, 2009 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. (Correspondence referred 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. (Municipal Clerk place information on the Municipal Website) D - 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/paulyuzyk. (Municipal Clerk 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. (Request approved) Council Meeting Minutes - 13 - December 14, 2009 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; NOW THEREFORE BE IT RESOLVED THAT we request 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." Resolution #C-707-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from Agricultural Advisory Committee of Clarington, with respect to an amendment to the Hiqhway Traffic Act, be endorsed. "CARRI ED" 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 Council Meeting Minutes - 14 - December 14, 2009 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 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." Resolution #C-708-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Township of Madawaska Valley, with respect to property tax assessment, be received for information. "CARRIED" Council Meeting Minutes - 15 - December 14, 2009 D - 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; WHE,REAS 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)."; 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; Council Meeting Minutes - 16 - December 14, 2009 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." 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. Council Meeting Minutes - 17 - December 14, 2009 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." Resolution #C-709-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from FCM's National Board of Directors, with respect to municipal leadership in climate change action, be endorsed. "CARRIED" 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. Resolution #C-71 0-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 10 from Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief Committee, requesting financial assistance, be received for information. "CARRIED" 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 Council Meeting Minutes - 18 - 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." Resolution #C-711-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Town of Niagara-On-The-Lake, with respect to a Benefit-Sharing Agreement, be received for information. "CARRIED" 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. Resolution #C-712-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 12 from Kythe Baldwin, Newcastle Minor Hockey Ice Convener, Newcastle Village Minor Hockey, with respect to the shortfall of ice time, be received for information. "CARRIED" 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; Council Meeting Minutes - 19 - December 14, 2009 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; 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." Council Meeting Minutes - 20- December 14, 2009 Resolution #C-713-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Corporation of the County of Grey, with respect to Bill 150, be endorsed. "CARRIED" D - 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. Resolution #C-714-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D - 14 from Robert Kreasul, with respect to Port Darlington Marina, be referred to staff for preparation of a report addressing responsibility for channel dredging and associated costs. "CARRIED" 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. Resolution #C-715-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 15 from Marion Manders, with respect to the 2010 Municipal Elections, be received for information. "CARRIED" Council Meeting Minutes - 21 - December 14, 2009 D - 16 Kerry Meydam indicating she is in favour of returning to the traditional paper ballot method of voting and supports the use of vote tabulators rather than manual vote counting as long as the method permits referendum questions to be answered and addresses privacy concerns. Resolution #C-716-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 16 from Kerry Meydam, with respect to the 2010 Municipal Elections, be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report December 7, 2009. Resolution #C-717-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of December 7, 2009, be approved, with the exception of Items #6 and #19. "CARRI ED" Item #6 Resolution #C-718-09 Moved by Councillor Novak, seconded by Councillor Robinson 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 and 63 Beaver Street South to 111 George Street East; THAT prior to moving the buildings at 49 Beaver Street South and 63 Beaver Street South, the applicant: Council Meeting Minutes - 22- December 14, 2009 a) File a building permit for and construct the foundation for the relocated houses after the buildings have been moved to 45 Edward Street East and 111 George 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 and 63 Beaver Street South containing appropriate conditions with respect to relocating the houses at 49 and 63 Beaver Street South; and c) Obtain the approval of Engineering Services and any relevant agency for moving the houses; THAT the cement block houses located at 49 Beaver Street South and 63 Beaver Street South, be removed from the Municipal Register of properties of cultural heritage value or interest on the day prior to the moves; THAT staff be authorized to issue the building permits to allow the buildings to be moved to 45 Edward Street East and 111 George Street East at the time that recommendations 3 and 4 have been fulfilled; THAT the cement block houses relocated to 45 Edward Street East and 111 George Street East be placed on the Municipal Register of properties of cultural and heritage interest on the day subsequent to the moves; and THAT all interested parties listed in this report and any delegation be advised of Council's direction. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Item 19 of Report #1 - Delegation of Mr. Richard Ward, Regarding Implications Resulting From the Compliance Audit of John Mutton, as one ofthe 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 Novak chaired this portion of the meeting. Council Meeting Minutes - 23- December 14, 2009 Item #19 Resolution #C-719-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the request of Mr. Ward, to reconsider the Compliance Audit of John Mutton, be denied. "CARRIED" Mayor Abernethy resumed the Chair. STAFF REPORTS Resolution #C-720-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Addendum to Report ESD-014-09 be received; THAT Report ESD-014-09 be received; THAT the implementation of new service fees and an increase in fees addressed in Report ESD-014-09 be approved; and THAT the by-law attached to Report ESD-014-09 as Schedule B be approved. "CARRIED" Resolution #C-721-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Staff Report #2 - Verbal Report of the Chief Administrative Officer concerning Legal Matters, be referred to a closed session of Council following the Other Information Section of the Agenda. "CARRI ED" Council Meeting Minutes - 24- December 14, 2009 Resolution #C-722-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Staff Report #3 - Verbal Report of the Solicitor regarding Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Local Municipality or Local Board, be referred to a closed session of Council following the Other Information Section the Agenda. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Councillor Trim indicated that he would not be proceeding with the motion concerning adjustments to the 2010 Municipal budget at this meeting. BY -LAWS Resolution #C-723-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-169 to 2009-177 inclusive; 2009-169 Being a By-law to adopt Amendment No. 69 to the Clarington Official Plan 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.) 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.) 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 Council Meeting Minutes - 25- December 14, 2009 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 2009-174 Being a By-law to provide for advance votes to be held prior to the 2010 Voting Day 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 Sand to present itself as the Official Town Band of Clarington 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 Clarington and for prescribing the amount of such fees 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; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION Deputy Mayor Novak assumed the Chair. Mayor Abernethy and Councillor Woo gave notice that they will be introducing the following motion at the next Council meeting: "THAT Resolution GPA-351-09 which approves Pay Equity for the Non-Affiliated staff be amended to rescind the following clause: That in order to maintain pay equity Department Heads and Emergency Services Deputies be adjusted by the recognition pay value if awarded to the Fire Association employees at 3%,6% and 9% effective January 1, 2010 without retroactivity to prior years; and THAT the remaining clauses of the resolution remain unaltered." Mayor Abernethy resumed the Chair. Council Meeting Minutes - 26- December 14, 2009 OTHER INFORMATION Councillor Hooper expressed concern with the speed of traffic on Baseline Road, west of Green Road indicating the issue is not being monitored and suggested that the Traffic Management Committee be requested to investigate. Councillor Foster questioned how last-minute Agenda items are being put before Council at the meeting, and if the Municipal Clerk could develop a process on how to bring forward last minute items. Resolution #C-724-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of dealing with three matters regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRI ED" The meeting resumed in open session at 9:06 p.m. The Mayor advised that three items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act. 2001 and one resolution was passed to provide direction to staff. Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Deputy Mayor Novak chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-725-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-178 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of December, 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-727 -09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:08 p.m. - 27 - December 14, 2009 "CARRIED" MAYOR MUNICIPAL CLERK C!ilJgton Special Council Meeting Minutes DECEMBER 16, 2009 Minutes of a special meeting of Council held on December 16, 2009, at 4:45 p.m., at the Courtice Community Complex. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim CouncillorW. Woo Also Present: Director of Corporate Services and Human Resources, M. Marano Operations Coordinator, K. Rand Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MATTERS OF BUSINESS Resolution #C-728-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the rules of procedure be suspended to allow for a motion of reconsideration to be introduced. "CARRIED" Resolution #C-729-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Resolution #C-665-09, as amended, be reconsidered to allow for an amendment to the Seniors and Physically Disabled Sidewalk and Windrow Snow Clearing Services application deadline of December 4,2009, as approved in Report COD-062-09. "CARRIED" Special Council Meeting Minutes - 2 - December 16, 2009 Resolution #C-730-09 Moved by Councillor Robinson, seconded by Councillor Novak WHEREAS, in light of the difficulty in establishing contractors to provide the Senior Snow Clearing for the January to April 2010 season; NOW THEREFORE BE IT RESOLVED: THAT the deadline for application to the January - April 2010 Senior Snow Clearing program be extended to 4:00 p.m. on January 4,2010 with no exceptions beyond that date; THAT the established $60 fee remain unchanged for any registrants applying under the extended date; THAT all qualifying criteria remain unchanged from original program; THAT Staff be authorized to waive the existing advertisement policy to allow advertisement of the extension in the appropriate Wednesday and/or Friday newspapers, in addition to the Clarington website noting the following: a) the Municipal Administrative Centre closure dates over the holidays, but forms can be mailed to the Municipal Offices during the closure dates; b) the application form will be available to print from the website, and mailed; c) staff will contact registrants who have applied under the extended date to set up visit to confirm eligibility and appropriate property information; THAT staff be authorized to make arrangements with contractor to provide services to registrants under the extended date, in the most effective manner possible, within the existing contract; and THAT registrants under the extended deadline be advised that the start date of service will be delayed and every attempt will be made to accommodate a target date of January 31,2010. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Special Council Meeting Minutes - 3 - December 16. 2009 Resolution #C-731-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing Resolution #C-730-09 be amended in the third paragraph by deleting the word "no" and replacing it with the words "only compassionate". "CARRIED" Resolution #C-732-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT the foregoing Resolution #C-730-09 be amended in the last paragraph by deleting the word "of' in the last line and replacing it with the words "on or before". "CARRIED" The foregoing Resolution #C-730-09 was then put to a vote and CARRIED AS AMENDED. CONFIRMING BY-LAW Resolution #C-733-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-179 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a specail meeting held on the 16th day of December, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-734-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 5:11 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE January 11, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated July 20, September 11, September 25 and November 5,2009. (Copies attached) I - 2 Minutes of the St. Marys Cement Community Relations Committee dated December 1,2009. (Copy attached) I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 8, 2009. (Copy attached) 1-4 Winter Warmth Media Release dated December 1,2009, announcing the United Way and local utility partners launch of the 2009-2010 Winter Warmth Program, an initiative that helps financially struggling families and individuals to pay their energy bills during the cold winter months; listing participating local utility companies; and, directing inquiries to call centres at participating utilities who will advise customers about how to apply for the program and direct them to the appropriate agency. I - 5 Gary Toft, Director of Communications, Office of the Honourable Gary Goodyear, Minister of State (Federal Economic Development Agency for Southern Ontario) announcing the launch of I ntake Two of The Community Adjustment Fund supporting economic recovery and job creation; advising that community organizations, small to medium- sized businesses, municipalities, aboriginal organizations and colleges and universities that have been affected by the global recession can now apply for funding; and, indicating that applications for funding in 2010-11 will be accepted from December 15, 2009 to January 18, 2010. Applications are available at www.southernontario.gc.ca. I - 6 Diane Ploss, Policy Advisor, Ministry of Municipal Affairs and Housing, forwarding information on the 2009 Ontario Tourism Event Marketing Partnership Program, (TEMPP) a program to assist in the marketing of a selection of tourism events and festivals across the Province; outlining program objectives, project criteria and funding levels; and, indicating that applications for funding must be received four months prior to the date of the tourism event. Further information is available at www.tourismpartners.com. Summary of Correspondence - 2 - January 11, 2010 1-7 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to 2011 Census Geographic Convergence Project - Inclusion of the Durham Road Network File: lOa) THAT Regional Council request Statistics Canada to include the Region of Durham's Road Network File in the 2011 Census Geographic Convergence Project; and b ) THAT a copy of Report #2009-P-79 of the Commissioner of Planning be forwarded to the Area Municipalities and Durham MP's for their information." 1-8 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to 2010 Interim Property Tax Levy: lOa) THAT a 2010 Interim Regional Property Tax Levy be imposed on the Area Municipalities for all property tax classes; b ) THAT the amount due from each Area Municipality to be equivalent to 50% of their respective share of the estimated Regional Property Taxes collected in 2009; c) THAT the 2010 Interim Regional Property Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; d) THAT the Regional Clerk be requested to advise the Area Municipalities of the 2010 Interim Regional Property Tax Levy for all property tax classes; and e) THAT the requisite by-law be approved." 1-9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to the timetable for approval of the 2010 Regional Business Plans, detailed budgets and public notification provisions: "a) THAT the following dates for approval of the 2010 Business Plans and Budgets for Property Tax Purposes by Standing Committees and Council be confirmed: Summary of Correspondence - 3 - January 11, 2010 Planninq Committee February 2, 2010 Works Committee February 3, 2010 Health & Social Services February 4, 2010 Committee Finance & Administration February 9, 10 & 11 (if required), Committee 2010 Reqional Council February 17, 2010 b ) THAT staff be authorized to notify the public of Regional Council's intention to adopt the 2010 Regional Business Plans and Budget for General Property Tax Purposes, the Police Services Board-and Outside Agencies, Regional Transit and Solid Waste Management at its regularly scheduled meeting of February 17, 2010; and c) THAT a copy of Report #2009-F-101 be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities." I - 10 Tara Alkhalisi, Project Coordinator, DurhamlYork Residual Waste Study, forwarding a copy of the Addendum to the EA Study Document (as amended November 27,2009), to be made available for public inspection. 1-11 The Honourable Lisa Raitt, P.C., M.P., Minister of Natural Resources, Canada, informing Council of the Government's decision to invite investors to submit proposals for the commercial reactor division of Atomic Energy of Canada Limited (AECL); highlighting a number of key objectives to guide the restructuring process of AECL including the decision to internally re-organize AECL by separating the commercial reactor division (CANDU Inc.) and the Research and Technology Division (RTD) and to invite proposals from companies to invest in CANDU Inc.; and, indicating that the Government believes that strategic investment in CANDU Inc. will make it more competitive at home and abroad, give it global scale, lead to new opportunities for the Canadian Nuclear Industry and to position Canada's nuclear industry to retain high-skilled jpbs and create new job opportunities in the future. Summary of Correspondence - 4 - January 11, 2010 I - 12 Chief Constable Mike Ewles, Durham Regional Police Service (DRPS), announcing that in 2010, DRPS will be implementing a number of changes that will enhance frontline service, specifically in the area of emergency response and neighbourhood problem-solving; indicating the revised patrol map and new work zone areas will be based on five areas: West Division (formerly 19 Division), Central West Division (formerly 18 Division), Central East Division (formerly 17 Division), East Division (formerly 16 Division) and North Division (formerly 15 Division); attaching a diagram of boundaries; and, forwarding copies of the 2008-2010 Strategic Business Plan and 2008 Annual Report. I - 13 Tania Laverty, Manager, Communications, Region of Durham, News Release dated December 16, 2009, announcing the adoption of the Region's 2010 Accessibility Pfan, based on information contained in the Accessibility for Ontarians with Disabilities Act. 2005 which aims to remove and prevent barriers for people with disabilities, especially through the incorporation of five standards: customer service, information and communications, transportation, employment, and built environment. Copies of the Plan are available from the Region's website at www.durham.ca. 1-14 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to regulations to the Green Enerqy and Green Economy Act. 2009 and Renewable Energy Project approvals process: "a) THAT Joint Report #2009-J-49 be received for information; and b ) THAT a copy of Joint Report #2009-J-49 be forwarded to the Durham Area Municipalities for their information." I - 15 Rebecca Evans, President, Durham Region Home Builders Association, writing to Roger Anderson, Regional Chair, advising several members of the Association have received requests for payment of Development Charges for sanitary sewerage services in accordance with subdivision agreements and noting that draws will be taken from existing letters of credit if payments are not received; and, requesting a temporary hold of this process to allow representatives to discuss an equitable means to manage these conditions which will be essential to the regeneration of the building industry in Durham. Summary of Correspondence - 5 - January 11, 2010 I - 16 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2010; acknowledging that the $709 million provided in respect of OMPF mitigation was special one-time assistance for 2009 and that requests for 2010 would be considered in the context of the province's worsening fiscal situation; indicating that the government will not be providing full mitigation beyond 2009 but will provide $25 million in transitional assistance for 2010 only and suggesting that municipalities should continue to exercise prudent fiscal management in their future budget planning. Further details on the 2010 OMPF will be provided to Municipal Treasurers in the near future and is also available at www.fin.gov.on.ca/en/budget/ ompf/2010/. I - 17 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment, forwarding copies of the Notice of Completion of Ministry Review and the Ministry Review of the 407 East Environmental Assessment for public review, outlining the procedure for making a submission or requesting a hearing on the application; and advising that submissions or requests for hearing must be received by the Ministry of the Environment by January 29,2010. CORRESPONDENCE FOR DIRECTION D - 1 Gene S. Ponniah, expressing concern with the manner in which a municipal by-law complaint regarding wet leaves from a neighbouring property was interpreted under current by-laws; the limited scope taken by the Officer in pursuing the complaint; and, offering suggested amendments to various by-laws to aid in enforcement, to address standards for the maintenance of all properties and to address isolated shortcomings. (Motion to refer correspondence to the Municipal Clerk) Summary of Correspondence - 6 - January 11, 2010 D - 2 Meg Lush forwarding a petition to stop the closing or relocation of the daycare operated by Helena" Diogo and the sitters at 10 Rickaby in Sowmanville due to having too many children. The correspondence indicates there have been no previous complaints and the operators provide a safe, loving and convenient environment to a number of children who will be uprooted from their routines, their friends and comfort zone by the Order. (Motion to refer correspondence to the Municipal Clerk) D - 3 Bill and Terry Thompson expressing concern with comments made by Guiseppe Braccia at the Council meeting of December 14,2009, concerning Mitchells Corners; indicating that Mr. Sraccia was not speaking on behalf of all residents of Mitchells Corners as many residents are against the construction of sidewalks and sewers and that those who signed the petition thought it was just to have the ditches filled in; and, questioning what steps can be taken to oppose Mr. Braccia's request. (Motion to refer correspondence to the Director of Engineering Services) D - 4 Marc Van Herwijnen advising he is not in support of sewers and sidewalks being constructed on Trulls Road in Mitchells Corners and suggesting that speed bumps be installed on Trulls Road to reduce speeding north of Pebblestone Road and south of Taunton Road to address safety concerns. (Motion to refer correspondence to the Director of Engineering Services) D - 5 Lou Politano, P.Eng., Regional Director, Ministry of Transportation, responding to Council's correspondence regarding 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; urging the Minister 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; advising that the Ministry's practice for sidewalks on bridges requires that the width of the sidewalk crossing a bridge matches the width of the sidewalk on the approach road; and, indicating that the Summary of Correspondence - 7 - January 11, 2010 Ministry will consult with Regional and Municipal staff to ensure that the proposed works meet design standards and can be compatible with municipal plans, and that exact widths and financial responsibility will be further addressed with staff during the assignment. (Motion to refer correspondence to the Accessibility Advisory Committee) D - 6 Grant Algar requesting an extension to Building Permit No. 08.0509 for 4327 Fices Road until April 30, 2010, due to problems resulting from a wet summer, early winter with cold temperatures, lack of available trades and delayed siding. (Motion to approve extension for the use of temporary living quarters at 4327 Fices Road until April 30, 2010 subject to the signing of a further letter of undertaking) D - 7 Keith Isnor, Chair, Clarington Museums and Archives Board, requesting $2,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to purchase storage bins for the doll and toy collection at Clarington Museums and Archives. (Motion to approve request for $2,000 . from the Sturch Estate in the Bowmanville Museum Reserve Funds) D - 8 Allen Eidsness expressing concern with vehicles parked on Dale Park Drive during the daytime and overnight creating a safety issue, particularly during the winter when snowbanks reduce the travelled portion of the roadway making it difficult, and occasionally, impossible to drive down the street; suggesting that "No Parking" signs be installed on Dale Park Drive; also expressing concern with cars parked on Varcoe Road creating an unsafe situation for drivers exiting from Dale Park Drive onto Varcoe Road to see southbound traffic on Varcoe Road due to vehicles parked on the east side of Varcoe Road, and suggesting that the "No Parking" sign be moved northward to create a safer intersection. . (Motion to refer correspondence to the Director of Engineering Services) Summary of Correspondence D-9 D -10 D - 11 - 8 - January 11, 2010 Linda Duffie, Immediate Past President, Lions Club of Bowmanville, requesting the week commencing May 15, 2010, be declared "Lions Club of Bowmanville" Week, in Clarington in recognition of the Club's 75th Anniversary of community service to the municipality. (Motion to Proclaim) The Township of Mapleton advising Council that on December 8, 2009, the Township of Mapleton adopted the following resolution pertaining to wind energy projects in the Village of Arthur: "WHEREAS the Council of the Township of Mapleton has received a petition of 250+ citizens with concerns about health issues and ground water protection; NOW THEREFORE the Council of the Township of Mapleton hereby request that the Government of Ontario through the Ministry of Environment issue a moratorium on wind energy projects until a health study has been completed by an independent third party; AND FURTHER THAT this resolution be forwarded to the County of Wellington and other municipalities within the County of Wellington for their support and endorsement, as well as the Association of Municipalities of Ontario." (Motion for Direction) Ric McGee, Mayor, City of Kawartha Lakes, advising Council that on October 27,2009, the City of Kawartha Lakes adopted the following resolution pertaining to wind turbines: "WHEREAS the Province of Ontario has recently passed the Green Enerqy Act: and WHEREAS the Township of Manvers in the City of Kawartha Lakes has been identified for wind farm development; and WHEREAS currently a number of wind turbine development companies have publicly signaled a desired presence; and WHEREAS wind-generated power is an established source of renewable energy being created globally; and WHEREAS there are legitimate concerns and studies relating to alternative energy sources put forward from various sources that have expressed concerns regarding health, safety and economic impacts for those living close to developed sites; and Summary of Correspondence - 9 - January 11, 2010 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; and WHEREAS other Ontario municipalities, have passed resolutions expressing concern with respect to the health effects associated with wind turbines; and WHEREAS with the passage of the Green Enerqy Act, the Municipality is excluded from the input and decision making, process relating to the location, setbacks, etc. and this impacts on the municipality's ability to address the public concern and control good planning principles throughout the municipality; and WHEREAS the right of an individual to appeal the location and placement of alternative energy sources such as wind turbines and solar panels has been removed with the passage of the Green Enerqy Act; and WHEREAS the proposed study areas of windmill projects may include or abut schools; residential areas; conservation areas and the Oak Ridges Moraine; and WHEREAS populated and publicly owned and occupied lands are being identified for industrial wind turbine development; and WHEREAS the guidelines for the Green Enerqy Act do not specify whether the infrastructure costs related to the windmill projects will be covered by the province, the municipality or the wind companies; and WHEREAS in many other jurisdictions the required setbacks range between 1.5 km and 2 km; . Summary of Correspondence - 10 - January 11, 2010 THEREFORE BE IT RESOLVED THAT the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or co'ntinuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; THAT this resolution be forwarded with a request for action and support to: The Ontario Ministries of Health, Environment and Energy, Chief Medical Officer of Canada, Chief Medical Officer of Ontario, Medical Officers of Health at Public Health Units, Environment Canada, Environmental Commissioner, Health Canada, all MPPs and MPs, The Premier's Office, The Prime Minister's Office, the Association of Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); and THAT this resolution be circulated to all municipalities and native territories in Ontario requesting their support." (Motion for Direction) D - 12 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on , June 29, 2009, the Town of Halton Hills adopted the following resolution pertaining to disposition of surplus real property: "WHEREAS Ontario's Planning Legislation including the Provincial Policy Statement, the Places to Grow Act etc. recognizes that in order to accommodate future population growth, support economic prosperity and achieve a high .quality of life for all Ontarians, planning must occur in a rational and strategic way; AND WHEREAS the Government of Ontario recognizes within its Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. that an integrated and coordinated approach to making decisions about growth across all levels of government will contribute to maximizing the value of public investments; , Summary of Correspondence - 11 - January 11, 2010 AND WHEREAS a key purpose of Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc., is to enable decisions about growth to be made in ways that sustain a robust economy, build strong communities and promote a healthy environment and a culture of conservation; AND WHEREAS Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. encourages municipalities, conservation authorities, non government organizations and other interested parties to develop a system of publicly accessible parkland, open space, trails, and recreation areas within the Greater Golden Horseshoe; AND WHEREAS Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. encourages municipalities to establish an urban open space system within built- up areas, which may include rooftop gardens, communal courtyards, public parks and recreational areas; AND WHEREAS the sale of existing public green space or active or passive parkland associated with school sites declared surplus, in whole or in part, by local school boards solely for redevelopment fundamentally undermines the intent, purpose and spirit of Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. as identified above; AND WHEREAS a large majority of existing public green space or active or passive parkland associated with school sites and owned by local school boards have been in use by the public for decades and have become significant elements of that community's system of publicly accessible parkland, open space, trails and recreation areas and have been the subject of formal joint use/reciprocal use agreements between school boards and municipalities; AND WHEREAS local school boards indicate they are constrained in their consideration of innovative, community oriented, or future focused opportunities for the disposal of surplus property necessary to meet the purpose, intent and spirit of the Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. because of Ontario Regulation 444/98 (Disposition of Surplus Real Property) and in particular the Provincial Government's requirement that an "offer must be for sale, lease or otherwise dispose of the property at fair market value; Summary of Correspondence - 12 - January 11 , 2010 NOW THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately amend Ontario Regulation 444/98 (Disposition of Surplus Real Property) to require meaningful consideration of innovative, community oriented and/or future focused opportunities for the disposal of surplus properties intended to meet the purpose intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails, and recreational areas; AND FURTHER BE IT RESOLVED THAT the Government of Ontario and the Ministry of Education direct local school boards to explore innovative, community oriented and/or future focused opportunities for the disposal of surplus properties within local municipalities on a 'first right of refusal basis' in order to meet the purpose, intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails and recreational areas; AND FURTHER BE IT RESOLVED THAT the Government of Ontario and the Ministry of Education introduce sufficient flexibility in the Ontario Regulation 444/98 (Disposition of Surplus Real Property) requirement for local school boards to sell, lease or otherwise dispose of property at fair market value by permitting the sale, lease or otherwise disposal at significantly less than fair market value based on highest or best development use to enable those projects to meet the purpose, intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails and recreational areas; AND FURTHER BE IT RESOLVED THAT a copy of this resolution be forwarded to the Honourable Dalton McGuinty, Premier of Ontario, the Honourable Kathleen Wynne, Minister of Education, all local municipalities in Halton, AMO, and local MPP Ted Arnott for consideration, endorsement and implementation. (Motion for Direction) Summary of Correspondence - 13 - January 11, 20.10 D - 13 Mayor David Guergis, Township of Essa, forwarding a resolution adopted by the Township of Essa calling for an independent third- party review of the NVCA, their local Conservation Authority, in response to escalating costs and the steady stream of new restrictions, new permit fees and studies required to develop in their municipality; advising his goal is to see the planning part of the Conservation Authority be amalgamated into the upper tier to eliminate multi levels of costly bureaucracy leaving conservation staff to focus on repairing watersheds, building public and private partnerships to plant trees, stabilize river banks, improve spawning beds, etc.; acknowledging that his motion is specific to NVCA and indicating that he has been requested to circulate the motion by his area colleagues; and, suggesting that if other jurisdictions have strained relationships with their Conservation Authorities, now is the time to deal with it. (Motion for Direction) D - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to Memorandum from Dr. Robert Kyle, Commissioner & Medical Officer of Health, dated December 3, 2009 Re: Lambton County Council Resolution: "a) THAT the following recommendations of the Lambton County Council dated October 7, 2009, with respect to restructuring of health care in rural and northern communities, be endorsed: 'THAT the County of Lambton support the resolution concerning a moratorium on major health care restructuring as follows: 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; 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; Summary of Correspondence - 14 - January 11, 2010 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 su.Pport local delivery systems; Summary of Correspondence - 15 - January 11, 2010 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 persons and local Members of Parliament.'; and b) THAT the Premier of Ontario, Minister of Health and Long-Term Care, Durham's MPPs and municipalities, and Lambton County Council be so advised." (Motion for Direction) D - 15 Carolyn Downs, City Clerk, City of Kingston, advising Council that on December 15, 2009, the City of Kingston adopted the following resolution pertaining to exemption of electricity sales from Provincial portion of harmonized sales tax: "WHEREAS Ontario's 2009 budget has proposed to harmonize sales taxes, the implementation of which will apply to electricity rates starting July 1, 2010, having the effect of increasing electricity rates by 8% across the Province; and WHEREAS this increase in taxation on electricity bills will provide undue hardship to the residents and businesses of Ontario, particularly middle and low income families who are being hard pressed during the current economic recession due to reduced incomes and job losses and small businesses that are struggling to stay financially viable; THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to exempt electricity sales from the provincial portion of the single harmonized sales tax; AND FURTHER THAT this resolution be forwarded to all Ontario municipalities with a population over 50,000 for their support; AND FURTHER THAT this resolution be forwarded to the Premier, Deputy Premier/Minister of Energy and Infrastructure, Minister of Finance, Minister of Municipal Affairs and Housing and the AMO." (Motion for Direction) I - 1 Task Force for Attracting Higher Education Facilities Minutes of Inaugural Meeting Monday, July 20, 2009 Bobby C's Restaurant Present Were: Mayor Jim Abernethy Bill Humber Rev. Dr. Dorcas Gordon Deborah Patrick Valentine Lovekin Paul Halliday David Crome, Director, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Pierre Tremblay Mayor Jim Abernethy welcomed everyone to the meeting and asked everyone to introduce themselves and share some background information with the committee. Mayor Abernethy advised that energy and science are not the only focus of this committee. In fact, Holburn Biomedical Corporation, The University of Ontario Institute of Technology and Lakeridge Health have already formed a partnership in the joint development of research and training opportunities in the area of medical diagnostics. This partnership will build on DOlT's existing Health Science program, the Lakeridge Health Education and Research Program and Holburn's expertise and medical laboratory facilities. Mayor Abernethy also mentioned that the Nuclear New Build is delayed, but not indefinitely. This major project will drive the need for educated employees at OPG. There are currently a large percentage of OPG employees who will be ready to retire within the next ten years. Discussion ensued pertaining to what sector the committee should focus on, such as, arts; science; and technology. It was suggested that perhaps a different niche should be considered. Trent University is establishing a campus in Oshawa to have a stronger liberal arts program. It was also mentioned that the committee should try to build upon strengths that are already here; campuses that compliment what has already been established. There was further discussion about how Universities and Colleges make decisions on expanding their programs. Members of the Committee provided different perspectives on the type of facility or opportunity that may exist. It was determined that there is no standard model and that it can vary from school to school. The position of Chair of the Committee was mentioned and it was agreed that the committee members would choose a chair from amongst themselves. Further discussion ensued pertaining to the potential location of a higher education facility and there was a general consensus that it would be dependent on the type of facility that is targeted. Potential sites were within the Energy Park; Science and Technology Park; downtown Bowmanville (e.g. Bowmanville Sf. Public School) or Camp 30/Training School lands. David Crome agreed to provide an overview of areas that growth is permitted in Clarington. This presentation will be made at the next meeting. General discussion revolved around funding. The Federal government's revitalization/stimulus package would require "shovel ready" projects and therefore this project would not qualify. The committee decided upon the dates for the next three meetings, as follows. Friday, September 11 th at 1 :00 p.m. in Committee Room lA Friday, September 25th at 2:00 p.m. in Committee Room lA Thursday, November 5th at 2:00 p.m. in Committee Room lA The meeting adjourned at 8:30 p.m. Task Force for Attracting Higher Education Facilities Minutes of Meeting Friday, September 11, 2009 at 1 :00 p.m. Meeting Room lA Present Were: Mayor Jim Abernethy Bill Humber Valentine Lovekin (arrived at 1:30 p.m.) Paul Halliday Pierre Tremblay Carlos Salazar, Manager of Conimunity Planning and Design Linda Coutu, Executive Assistant to the Mayor Regrets: Rev. Dr. Dorcas Gordon Deborah Patrick David Crome, Director, Planning Services Mayor Jim Abernethy welcomed everyone to the meeting and asked everyone to introduce themselves to Mr. Tremblay, who was unable to attend the inaugural meeting. Mayor Abernethy gave a brief overview of the inaugural meeting and advised that many ideas were shared. As a result of the first meeting, there was a request t6 bring Committee Members up to date pertaining to growth of the community, and a presentation will be provided at this meeting. 1. ADOPTION OF MINUTES Moved by Paul Halliday, seconded by Bill Humber that the minutes of the meeting held on July 20, 2009, be approved. "CARRIED" There was discussion about the name of the committee containing the word "facilities" and whether or not it could narrow the scope of the committee. It was determined that the meaning of the word facility is not restricted to a 15-storey high rise or 20 acre learning centre. 2. DATE OF NEXT MEETING Discussion pertaining to the next meeting date was referred to the end of the agenda. 3. PRESENTATION Carlos Salazar, Manager of Community Planning and Design, gave a presentation to the committee entitled "Official Plan Review - Compass to our Future". Copies were provided to all members present. Discussion ensued pertaining to the presentation and the topics included intensification, transportation, services and infrastructure. Carlos answered questions posed by the Committee Members relating to these topics. There was a lengthy discussion surrounding the type of education facilities that this Committee should be focusing on. Should the committee try to encourage facilities or programs to accommodate the existing types of industry or employment in this area or should the focus be extended to include new employment opportunities. The committee members discussed the need to develop a coherent collective vision in order to move forward. There needs to be some process of elimination since it was felt that the objective needed to be more specific. Another discussion about whether or not other municipalities were also looking to attract higher education facilities. It was mentioned that there were opportunities in the Niagara Region, because of their proximity to the United States. It is cheaper to get an education in Ontario. Also, the City of Oshawa should be considered a competitor as they already have facilities. However, it was determined, that this committee could learn from other municipalities. 4. SELECTION OF COMMITTEE CHAIR The position of Chair of the Committee was on the agenda, however, it was decided that this should be discussed with all members present. It will be on the next agenda for discussion and, if needed, it could be decided at the November 5th meeting. 5. OTHER BUSINESS It was mentioned that the Durham Region Local Training Board prepared a report which includes statistics pertaining to the levels of education employers require, amongst other things. A copy of that report will be obtained for the next meeting. DATE OF THE NEXT MEETING Mayor Jim Abernethy advised that he is unable to attend the next meeting. It was determined that September 25th at 2:00 p.m. was best for all members present; therefore the meeting date is September 25th. It was determined that the next agenda should include discussion about developing a plan. It was suggested that a variety of alternative visions should be explored and, with consensus of the group, a selection would be made. Mayor Abernethy offered the services of Carlos Salazar to act as facilitator for that portion of the agenda. 6. ADJOURNMENT Moved by Paul Halliday, seconded by Valentine Lovekin, that the meeting be adjourned at 2:45 p.m. "CARRIED" Task Force for Attracting Higher Education Facilities Minutes of Meeting Friday, September 25, 2009 at 2:00 p.m. Meeting Room IA Present Were: Bill Humber Paul Halliday Pierre Tremblay Dorcas Gordon David Crome, Director, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Mayor Jim Abernethy Valentine Lovekin Deborah Patrick 1. ADOPTION OF MINUTES Moved by Paul Halliday, seconded by Pierre Tremblay that the minutes of the meeting held on September 11, 2009, be approved. "CARRIED" 2. SELECTION OF COMMITTEE CHAIR There was a general discussion surrounding the position of Chair of the Committee and it was decided that since not everyone was present that it be placed on the next agenda for further discussion. There was further discussion pertaining to the focus of the committee. There have many ideas brought forward but perhaps the committee would be in a better position to select the Chair when the task becomes clear. 3. PLAN OF ACTION - FIRST STEPS Discussion ensued pertaining to the Durham Region Integrated Local Labour Market Plan report. This report has compiled statistical data pertaining to the local labour market and includes a section on educational attainment. The committee members continued to discuss the strengths and weaknesses in our community including diversity and educational attainment. Information gained from the report also showed that there is a lack of skilled trades not only in this area but globally. The committee "brainstormed" on some potential opportunities for a higher education facility that would help to focus future activities. Subsequently the topics were assigned to committee members with the objective that they would prepare a 2 page outline of each vision for consideration at the next meeting. The assignments were as follows: 1. Skills Training for Specialized Need - Pierre Tremblay 2. Specialty Nursing/Medical- Valentine Lovekin 3. Water Policy/Technologies - Bill Humber 4. Opportunity Hunting for Institutional Satellites - Dorcas Gordon 5. Continuing Education - Random/VariedlMultiple - Dorcas Gordon 6. Agriculture - Bill Humber 7. Community Education Foundation - Paul Halliday Further discussion ensued pertaining to local opportunities with Durham College and UOlT. It was suggested that the Mayor's Office invite Don Lovisa, President of pur ham College and Dr. Ron Bordessa, President of the University of Ontario Institute of Technol~gy, to attend the next meeting on November 5, 2009. 4. OTHER BUSINESS It was suggested that the time of the next meeting be changed from 2:00 p.m. to 8:00 a.m. on Thursday, November 5,2009. The meeting room will remain the same (lA). 5. ADJOURNMENT The meeting adjourned at 3:50 p.m. Task Force for Attracting Higher Education Facilities Minutes of Meeting Thursday, November 5, 2009 at 8:00 a.m. Meeting Room 1A Present Were: Mayor Jim Abernethy Bill Humber Pierre Tremblay Dorcas Gordon Deborah Patrick Valentine Lovekin Special Guests: Ron Bordessa, UOIT Don Lovisa, Durham College Staff: David Crome, Director, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Paul Halliday 1. SPECIAL GUESTS Mayor Abernethy welcomed special guests, Dr. Ron Bordessa, President of the University of Ontario Institute of Technology and Ron Lovisa, President of Durham College to the meeting. Members of the committee introduced themselves and Mayor Abernethy provided a brief overview of the mandate of the committee to the guests. David Crome explained why Dr. Bordessa and Mr. Lovisa were invited to attend the meeting and asked each of the guests to provide their views on any possible future expansion of their respective facilities and/or programs. A general discussion ensued pertaining to the types of programs that currently exist at UOIT and Durham College and what will be required to meet future needs in this area. Dr. Bordessa explained that a large part of post secondary education is funded through the provincial government, however, there is no long-term agreement in place with UOIT and therefore funding is not guaranteed at this time. Some of the study areas that were discussed to meet future demands at the College level include skilled trades and the food industry. Mr. Lovisa advised that the demand for skilled trades would exceed the availability once the New Nuclear project is ready to begin. At the University level it was suggested that the focus should be on medical laboratory science and research as the health science field will be faced with an aging population. To that end, Dr. Bordessa advised the committee members that UOIT has partnered with Lakeridge Health Corporation and Holburn BioMedical Corporation to produce a business concept for a Medical Laboratory Research and Education Centre at the Science Park lands on Bennett Road. The committee members are aware that other municipalities are competing for the same opportunities to attain higher education facilities and/or programs. Dr. Bordessa suggested that it would be beneficial for this committee to work with the UOIT and Durham College in order to keep any expansions of facilities and/or programs within this area. Ron Bordessa and Don Lovisa left the meeting at 9:35 a.m. The general discussion continued and a suggestion was made to contact someone at the Ministry of Training, Colleges and Universities as funding will be a key component of attracting higher education facilities to Clarington. 2. ADOPTION OF MINUTES Moved by Dorcas Gordon, seconded by Bill Humber that the minutes of the meeting held on September 25th be approved. "CARRIED" It was agreed that the remaining items 3 (Selection of Committee Chair) and 4 (Assignments) from this agenda be carried over to the next agend~ due to lack of time to continue. 5. OTHER BUSINESS There was a brief discussion about future meeting dates and it was agreed that the next meeting will be held on Thursday, December 10th at 8:00 a.m. in Committee Ro~m 1A. David Crome will prepare a summary of the one day Camp 30 Summit and it will be added to the next agenda. 6. ADJOURNMENT Moved by Dorcas Gordon, seconded by Pierre Tremblay that the meeting adjourn at 9:55 a.m. "CARRIED" 1-2 St. Marys Cement Community Relations Committee Meeting Minutes Tuesdav December 1, 2009 6:00 p.m. - St. Mary's Cement Plant: Main Office Attendees: Glenda Gies, Port Darlington Community Association Rick Rossi, Port Darlington Community Association Ruben Plaza, Environmental Manager, St. Marys Cement Candice Kay, Human Resources Manager, St. Marys Cement Michael Smith, Quarry Manager, St. Marys Cement Martin Vroegh, Corporate Environment Manager, St. Marys Cement Cindy Strike, Municipality of Clarington Willie Woo, Member of Municipality of Clarington Council Phil Dunn, MOE (guest) Regrets: Ernest Birnie, Wilmot Creek Residents Association Wilson Little, Director of Engineering, Lands and Environment, St. Marys Cement The recent loss of John Roxborough to the CRC and the community was noted by CRC members . 1. Adoption of Agenda Moved by Martin Vroegh, seconded by Michael Smith. CARRIED 2. Adoption of notes from September 15, 2009 Meeting Moved by Rick Rossi, seconded by Ruben Plaza. CARRIED 3. Status of additional PM 10 dust monitoring station Installation is scheduled for spring 2010. 4. St. Marys Operations Report a) Quarry . PM 10 monitoring results No PM 10 monitoring exceedences were recorded since the last CRe meeting. It was noted that the kiln had been operating since the September meeting until Sunday November 29 when it was shut down until January. St. Marys Cement Community Relations Committee DRAFT Meeting Minutes December 1, 2009 Page 2 PM 10 Program 2009 120 100 M E 80 - Ul E ~ 60 Cl 0 .. u 'E 40 20 0 Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 ~ 2 ~ ~ ~ ~ ~ ~ ~ 2 N l") ::r ;n CD ;::: co Ol 0 ~ -.-Hutton Trnspt. -.-Cedar Crest --OPG _ Lirn it . Stack emissions S1. Marys reported that the plant has released 3,352 tonnes of S02 in 2009 compared to a 4,608 tonne limit in 2009. S02 emissions were 27.3% below 2009 allowances. tn Q) r:: r:: o t- 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 o III S02 2009 III Allowances 802 2009 S1. Marys reported that the plant has released 3,537 tonnes of NOx in 2009 compared to a 4,254 tonne limit in 2009. The threshold will decline by 20% in 2010. NOx emissions were 16.9% below 2009 allowances. 2 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes December 1, 2009 Page 3 6000 1000 IiiliilNOX2009 DAllowanees NOX 2009 5000 4000 U) Q) ~ 3000 o .... 2000 o . Quarry dust releases Two exceedances in October were caused by contamination of debris, leaves and insects. Samples were considered invalid due to contamination. I Dust Fall 2009 16.00 14.00 III 12.00 >- III 10.00 '0 0 M 8.00 r::: N 6.00 E - Cl 4.00 2.00 0.00 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dee -.- Hutton Tmspt. -.- Cedar Crest - - OPG ~ MOE Near East I ~ MOE Far East -,,-Limit I \ ~ 3 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes December 1, 2009 Page 4 . Blast monitoring There were no ground vibration exceedences and only one air vibration exceedence in 2009. One more blast is scheduled for 2009 on Tuesday Dec 8th. Blasting frequency will resume to approximately twice per week for cement and aggregate supply in January 2010. 81. Marys Cement Community Relations Committee DRAFT Meeting Minutes December 1, 2009 Page 5 . General quarry operations Overburden screening ended in mid-fall and overburden hauling has been discontinued for the season. b) Dock . Dock storage management and procedures St. Marys reported they continue to use dust suppressant on fuel piles and piles are oriented in- line with wind conditions of primary concern. Petcoke stockpiles are maximum 10m high and are covered with tarps. . Monitoring of dock releases No comments. . General dock operations Procedures require that unloading fuel material from vessels is stopped when wind speeds exceed 40 km/hr. The 40 km/hr. limit is based on maximum gust speeds and for winds blowing from directions between the SSW and WNW (2020 and 2920). c) Plant Production Schedule Plant shut down on November 29 and is scheduled to start on January 4, 2010. 5. Status of Alternative Fuel Demonstration Project St. Marys reported that they are in discussions with MOE regarding the permit for the demonstration project. 6. Community Concerns a) Received by St. Marys and the Municipality of Clarington b) Responses provided Two complaints were received since September meeting: . On October 30 from a resident living at 53 Alonna Street for blasting on Tuesday and Thursday. Blasting on these dates occurred on the north end level 3 and air and ground vibrations were below maximum thresholds. However the day was very overcast with rain which would have contributed to air vibration. . A complaint to MOE Ajax office regarding the plume. St. Marys noted that the ATOX scrubbing system was not operational and it was a clear day which could contribute to plume visibility. St. Marys adjusted lime injection, increased exhaust air and reduced by- pass air to mitigate the plume visibility. 5 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes December 1, 2009 Page 6 7. Community Outreach The fall 2009 newsletter was distributed. St. Marys will be preparing a 2010 newsletter and suggestions for content are welcome. 8. Other Business St. Marys labour contract is up for negotiation in 2010. Signs of economic recovery were questioned, with St. Marys reporting about a 45% decrease in US sales and 25% decrease in Canadian sales with expectations of flat lined sales in the first two quarters in 2010. St. Marys suggested a memorial for John Roxborough in the form of a concrete bench with associated landscaping in the green space area adjacent to Westside Marsh. St. Marys is in discussions with CLOCA regarding an appropriate location. It was suggested that the CRC annual report be prepared, circulated to CRC members byemail for review and comment and a date set to present to Council in Q1 2010. 9. Next Meeting 6:00 pm Tuesday March 2, 2009 6 1-3 Draft minutes - Not yet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY December 8, 2009 AT 7:00 P.M. Present: (Voting) John Stoner - Chair Jim Cleland Shirley Minifie Joe McKenna Pat Mulcahy Councillor Willie Woo David Best Staff Present: Peter Windolf Regrets: Dan Stanoi Karin Murphy Brian Reid Absent: Greg Wells - GRCA Warren May - MNR Arthur Burrows 1. Agenda Additions Wilmot Watershed Plan Evergreen Grant Accessible Customer Service Training Acceptance of Agenda MOVED by David Best, seconded by Joe McKenna THAT the agenda for December 8, 2009 be accepted. CARRIED 2. Minutes of November 10, 2009 2 Corrections There were no corrections to the minutes. Approval of Minutes MOVED by David Best, seconded by Jim Cleland THAT the minutes of November 10,2009 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee Reports Communications Joe will begin working on the newsletter with articles on the Great Canadian Shoreline Clean-up, the MNR Rangers 2009 project, and dragonflies. John Stoner will send his article on dragonflies to Joe when it is complete. 5. Updates SWNA Presentation to Clarington High Schools On December 4th, Karin and John gave the SWNA PowerPoint Presentation to Environmental Science students at Courtice Secondary School. There were two classes of approximately 30 students in attendance. The presentation ran about an hour. Most of the students were previously unaware of the Samuel Wilmot Nature Area. Letters have now been sent to all of CIa ring ton's Secondary Schools advising them that the presentation is available. Pat contacted a representative from Scouts Canada to see if they would be interested in the presentation. The Scouts asked for more information about the presentation so excerpts will be e-mailed to them. Winter Bird and Mammal Count Brian Reid has been in contact with John Foster from the Durham Field Naturalists about a Winter Bird and Mammal Count to be done in January. The bird count would be done on either a Saturday or Sunday in early January and the mammal count in late January. Alternatively a combined count could be done in the middle of January. The following members agreed to assist with the count depending on the exact date: John, Shirley, Pat, Jim, David. 3 If any other Committee members wish to participate they should contact Brian. If additional volunteers are required a notice could be placed on the Municipality's web site. Before a notice is posted Brain will be asked to confirm dates and determine with John Foster if more people are required. Trail Relocation The section of Waterfront Trail east of the pedestrian bridge includes an incline of approximately 29%. This incline is susceptible to erosion and is very difficult to climb for people on bicycles and on foot. A field survey and conceptual layout will be prttpared to determine what would be required to reduce the slope. Options could include; . I) Realigning the trail through the woods. In this option the trail would be rerouted S/E from the bottom of the slope for approximately lOOm until it reconnects with the existing trail. This would decrease the grade on the trail to 10%. It would require extensive tree removal. 2) Lowering the grade along the existing trail alignment. This option would leave the trail in its present location but would lower the grade along a 100m section of the trail. It would result in a trail with a 10% slope. The trail surface would be lower than the surrounding grade. It may require removing a few trees along the edge of the trail. Conceptual designs will be brought to future meetings when completed. Since this section of trail is part of the Lake Ontario Waterfront Trail there may be funding assistance available from other levels of government to implement the proj ect. Wilmot Watershed Study Jim attended a meeting of the GRCA's Wilmot Watershed Study team. A draft of the final report was passed around to SWNA members. The final report should be completed in January 2010. Following the completion of the final report GRCA will be asked to present their findings to the Committee. Evergreen Green Grants Program The application deadline for then next round ofWalmart Evergreen Grants is January 29, 2010. The SWNA Committee has applied unsuccessfully in the past but will investigate the eligibility criteria to determine if another application will be submitted. Accessible Customer Service Members of Boards and/or Committees of Council have been contacted by the Clerks Department to attend a mandatory session on Accessible Customer Service. Most SWNA members were contacted, but some were not. An updated contacts list for the SWNA Committee will be sent to the Clerks Department to ensure that all members are notified of session dates and times. Those members who were unable to attend the December 3rd or lOth sessions will be contacted with future dates for the session. 4 6. Other Business/Next Meeting Jim mentioned that there are several areas on the Lake Meadow Trail that are wet from water flowing across the trail surface. These areas will be identified now or in the spring so that they can be repaired as part of the MNR Rangers program in 2010. Jim also observed that a tree is down in the creek just north of the pedestrian bridge. It is starting to create a log jam that is forcing flow to the west side ofthe creek which is causing some bank erosion. GRCA will be notified and asked if anything needs to be done to remove the logjam. Motion to Adiourn MOVED by Joe McKenna, seconded by Shirley Minifie THAT the meeting be adjourned. CARRIED Adjournment: 8:30 P.M. Next Meeting: Tuesday January 12, 2010 7:00 p.m. Meeting Room 1A Notes prepared by P. Windolf Cl~iJlglon REPORT #1 REPORT TO COUNCIL MEETING OF JANUARY 11,2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 4,2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-005-10 Environmental Stewardship 2009 Program Update (b) EGD-001-10 Monthly Report on Building Permit Activity for November, 2009 (c) ESD-001-10 Monthly Response Report - November 2009 (d) FND-001-10 Report on Revenue Sensitive to Economic Conditions- November 2009 (e) CAO-001-10 Corporate Strategic Business Plan 2007-2010 2009 Progress Report (f) Delegation Richard Ward, Regarding ongoing Property Issues (g) Verbal Report Confidential Verbal Report, Dennis Hefferon, Solicitor, Regarding a Legal Matter from the December 14, 2009 Council Meeting CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 - 2 - January 11, 2010 2. REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS TO PERMIT A MOTOR VEHICLE REPAIR GARAGE USE AND A YEAR-ROUND GARDEN CENTRE, AND IN ASSOCIATION WITH A LARGE FORMAT RETAIL STORE THAT Report PSD-001-10 be received; THAT the rezoning application submitted by Bowmanville Investments Inc. to remove all Holding (H) Symbols from this property, to permit a motor vehicle repair garage within a large format retail store and to permit a year-round garden centre, which abuts a large format retail store, to a maximum size of 2,150 sq.m. be approved and that the attached By-law contained in Attachment 3 be passed; and THAT the Durham Regional Planning Department, the Municipal Property Assessment Corporation (MPAC), all interested parties listed in Report PSD-001-10 and any delegations be advised of Council's decision. 3. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-002-10 be received; and THAT all interested parties listed in Report PSD-002-1 0 and any delegations be advised of Council's decision. 4. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-003-10 be received; and THAT all interested parties listed in Report PSD-003-10 and any delegations be advised of Gouncil's decision. 5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE THAT Report PSD-004-10 be received; and THAT all interested parties listed in Report PSD-004-10 and any delegations be advised of Council's decision. 6. COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE THAT Report PSD-006-10 be received; and THAT all interested parties listed in Report PSD-006-1 0 and any delegations be advised of Council's decision. Report #1 - 3 - January 11, 2010 7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 10, 2009 THAT Report PSD-007-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on December 10, 2009 for applications A2009-0047 through A2009-0050 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 8. MINOR VARIANCE TO SIGN BY-LAW 2009-123 APPLICANT: ROBIN JEFFREY THAT Report PSD-008-10 be received; THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 2009-123, submitted by Robin Jeffrey, to permit a reduction in the minimum required setback from the road allowance from 1 metre to 0 metres and an increase in maximum permitted sign area from 1.5 m2 to 2.7 m2 for a ground sign be approved; and THAT all interested parties listed in Report PSD-008-1 0 and any delegations be advised of Council's decision. 9. REQUEST FOR EXTENSION OF DRAFT APPROVAL 1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN AND PERCY NAPPER THAT Report PSD-009-10 be received; THAT the request to extend the lapsing date for the draft approved Plan of Subdivision until October 4,2012 be denied; THAT an extension to the lapsing date until October 4,2011 for the draft approved Plan of Subdivision be approved and that the Director of Planning Services be authorized to amend the Conditions of Draft Approval; THAT the by-law authorizing the entering into a Subdivision Agreement between the Owner of the lands and the Municipality of Clarington be approved as contained in Attachment 2 to Report PSD-009-1 0; and THAT all interested parties listed in Report PSD-009-1 0 and any delegations be advised of Council's decision. Report #1 - 4 - January 11,2010 10. NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 THAT Report EG D-002-1 0 be received; THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be approved; THAT a by-law be passed to authorize the Mayor and Municipal Clerk to execute the New Memorandum of Understanding on behalf of the Municipality of Clarington; and THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. 11. ROBINSON RIDGE SUBDIVISION PHASE 4, COURTICE, PLAN 40M-2259, 'CERTIFICATE OF ACCEPTANCE', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-003-10 be received; and THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2259. 12. SALE OF FIREWORKS - PERFECT PARTY PLACE THAT Report CLD-001-10 be received; THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell fireworks year round, be denied; and THAT Mike and Carmen Gazo be advised and forwarded a copy of Report CLD-001-10. Report #1 - 5 - January 11, 2010 13. Q2009-33, ONE (1) CULVERT STEAMER WITH TANDEM AXLE ROAD TRAILER THAT Report CO D-OO 1-1 0 be received; THAT Intersteam Technologies, Hamilton, Ontario, with a total bid in the amount of $24,449.04 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2009-33, be awarded the contract to supply One (1) Culvert Steamer with Tandem Axle Road Trailer, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $24,449.04 (plus G.S.T.), be drawn from 2009 Capital Budget account number 110-36-388-83643-7401. 14. BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY, JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30) THAT the presentation of Brandon Weiler and Lisa Marie Williams, Ryerson students, regarding the student project regarding the Camp 30 Lands be received for information and that the students be congratulated for their presentation; and THAT a copy of the "The Jury Lands" report and the memo from Mr. Crome, dated December 16, 2009, explaining the Ryerson University student project, be forwarded to Bev Oda, Member of Parliament and John O'Toole, Member of Provincial Parliament. 15. FRANK LOCKHART, PRESIDENT, VALLEYS 2000 INC., REGARDING VALLEYS 2000 ANNUAL REPORT THAT the delegation of Rev. Frank Lockhart regarding the Valleys 2000 Annual Report and the new Memorandum of Understanding be received with thanks. 16. CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING THAT the CAO be directed to accept the tentative agreement as presented by the CAO, during the "closed" session. Unfinished Business Clwington REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, January 11,2010 Report #: Addendum 2 to PSD-067 -09 File #'5: COPA 2005-008, By-law #: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum 2 to report PSD-067-09 be received; 2. THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David . Crome, MCIP, RPP Director of Planning Services Reviewed by: ~~ ~ Franklin Wu, Chief Administrative Officer CP/df 6 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ADDENUM 2 TO REPORT NO.: PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067 -09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26 and subsequently further tabled until to the first Council meeting of 2010. 2. In the fall of 2009 the applicant's presented staff a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point the northern tributary would be daylighted in an east - west direction to the mid-point of the property where it then runs south to the railway. 3. This concept has not been formalized and an official revision has not been submitted at this time. However, discussions with Metrus Developments confirmed that their priority remains obtaining Final Approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville. They would like municipal staff to focus efforts on this matter prior to dealing with Village North applications. The plan of subdivision in the Brookhill Neighbourhood was presented to the Ontario Municipal Board on December 2,2009 at a settlement hearing and draft approved subject to conditions. 4. The Ontario Municipal Board has presently schedule hearing dates for appeals to the North Newcastle Village applications as follows: . Progress report Pre-hearing April 16, 2010 . Hearing May 10 -14,2010 5. It is recommended that report PSD-067 -09 be further tabled until to the Council meeting of April 12, 2010. Staff Contact: Carlo Pellarin List of interested parties to be notified of Council's decision: Doug and Bridgette Rombough Rev. Robert Brouwer Steve Holliday Hugh Allin Anthony Jones Helen Hudolin Heather Dowing Patricia Simiele Robert MacDonald Cory Geddes Jerry Reffosco Joanne Raymond Mark Veneziano Rob Franssen Jason Gibson Steve Wilson Smooth Run Developments Inc. Brookfield Homes Ontario Limited Roslyn Houser Bryce Jordan Ganaraska Region Conservation Authority SUMMARY OF BY-LAWS JANUARY 11, 2010 BY-LAWS 2010-001 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2010 2010-002 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle [Bowmanville Investments Inc. (Smart Centres)] (Item 2 of Report #1 ) 2010-003 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2001-002, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S-C-2001-002 (Item 9 of Report #1 ) 2010-004 Being a By-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valleys 2000 (Bowmanville) Inc (Item 10 of Report #1 ) 2010-005 Being a by-law to amend By-law 96-32, as amended, to require the payment of fees to file an appeal to a Property Standards Order (Approved by Council on November 23,2009)