HomeMy WebLinkAbout02/08/2010Clam n
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DATE: MONDAY, FEBRUARY 8, 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 January 25, 2010
PRESENTATIONS
a) Cliff Curtis, Commissioner of Works, Region of Durham -Update on the
Energy-From-Waste EA
DELEGATIONS (List as of Time of Publication)
a) Louis Bertrand -Report PSD-021-10 - Durham/York Residual Waste
Environmental Assessment Re-engagement of Peer Review Consultants -Air
Quality Impacts (Staff Report #1)
b) Doug Anderson -Report PSD-021-10 - Durham/York Residual Waste
Environmental Assessment Re-engagement of Peer Review Consultants -Air
Quality Impacts (Staff Report #1)
c) Dale Hunt -Report PSD-015-10 - To Rezone Residential and Limited
Commercial Properties to Permit the Construction of a New Retail Commercial
Building (Item 2 of Report #1)
d) Beth Markle -Report PSD-015-10 - To Rezone Residential and Limited
Commercial Properties to Permit the Construction of a New Retail Commercial
Building (Item 2 of Report #1)
CORPORATION OF THE MUNICIPAiITY OF C LARINGTON
40 TEMPERANCESTREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379.
Council Agenda - 2 - February 8, 2010
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated
December 10, 2009
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated January 14,
2010
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated January 20, 2010
I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 15,
2010
I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated
November 19, 2009
I - 6 Minutes of the Central Lake Ontario Conservation Authority dated
January 19, 2010
I - 7 Linda Gasser -Waste (Incinerator) EA Study Process
I - 8 Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd., Randy Henry,
Courtice Flea Market, 994990 Ontario Limited, Mayor Linda Thompson,
Municipality of Port Hope, Kurt Henry, The Mortgage Centre, Elaine Garnett,
CHEX TV Channel 12 Durham -Support of the New Nuclear Build Project at
Darlington Nuclear Generating Station
I - 9 John R. O'Toole, MPP, Durham -Support of the New Nuclear Build Project at
Darlington Nuclear Generating Station
- 10 John R. O'Toole, MPP, Durham -Ontario Municipal Partnership Fund
(OMPF)
- 11 John R. O'Toole, MPP, Durham -Places to Grow Act
- 12 P. M. Madill, Regional Clerk, Region of Durham -Policies and Procedures for
Conservation Authority Plan Review and Permitting Activities
I - 13 P. M. Madill, Regional Clerk, Region of Durham -Amendments to
Regulations Uhder the Planning Act to Notify Propane Facility Operators of
New Development Applications
I - 14 P. M. Madill, Regional Clerk, Region of Durham -Quarterly Report on
Planning Activities
Council Agenda - 3 - February 8, 2010
I - 15 P. M. Madill, Regional Clerk, Region of Durham -Regional Municipality of
Durham Staff Comments Prepared in Response to the Minister of the
Environment's Report on the Waste Diversion Act 2002 Review - "From
Waste to Worth: The Role of Waste Diversion in the Green Economy'
I - 16 Association of Municipalities of Ontario (AMO) -Pre-budget Submission to
the Standing Committee on Finance and Economic Affairs Entitled
"Propelling Economic Prosperity"
Receive for Direction
D - 1 Rebecca Evans, President, and Donna Donaldson, Executive Officer,
Durham Region Home Builders' Association -Request for Proclamation of
"New Homes Month"
D - 2 Donald G. Duthie, Sponsoring Committee Chairman, 172 Royal Canadian Air
Cadets of Clarington -Request for Tag Days
D - 3 William Stratton, Chair, Day of Mourning Committee, Durham Region Labour
Council -Request for Proclamation of "Day of Mourning"
D - 4 James Osborne and Pamela Callus -Opposition to the Application to Amend
the Clarington Official Plan and Zoning By-law - 3424 and 3436 Courtice
Road
D - 5 Laverne Morrison, Advertising Consultant, Metroland, Durham Region Media
Group -Advertising Proposal
D - 6 Robert Howard and Lynn Martin, United Way of Oshawa-Whitby-Clarington-
Brock & Scugog - Ride4UnitedWay Event
COMMITTEE REPORT(S)
General Purpose and Administration Committee Report of February 1, 2010
STAFF REPORT(S)
Report PSD-021-10 - Durham/York Residual Waste Environmental Assessment
Re-engagement of Peer Review Consultants -Air Quality Impacts
2. Report PSD-022-10 -Application for Removal of Part Lot Control - Halminen
Building Corporation - 40M-2278
Council Agenda - 4 - February 8, 2010
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Mayor Abernethy, seconded by Councillor Woo
WHEREAS the Councils of the Municipality of Clarington and other municipalities in the
Region of Durham should, and do wish to, maintain accountability and transparency; and
WHEREAS the Municipality of Clarington has a Code of Ethics for Members of Council;
and
WHEREAS some municipalities have been creating a position of, or obtaining professional
services of, an Integrity Commissioner to, where appropriate, review inquiries or complaints
with respect to Members of Council and their Code of Conduct or Code of Ethics; and
WHEREAS it would be more fiscally efficient and consistent for the municipalities of the
Region of Durham to establish and fund a position and services of an Integrity
Commissioner for the Region of Durham and its eight municipalities than for each
municipality to do so.
NOW THEREFORE the Council of the Municipality of Clarington requests that:
The Region of Durham establish the position of, or retain the professional services of,
an Integrity Commissioner to serve the Region of Durham and its eight municipalities;
and
2. The mandate of the Integrity Commissioner be to review inquiries or complaints with
respect to matters regulated in the municipalities' Code of Conductor Code of Ethics;
and
This motion be copied to the Councils of the Region of Durham and its seven other
local municipalities requesting their support and where possible be considered in the
2010 Regional budget.
UNFINISHED BUSINESS
BY-LAW S
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
~~iC111~0Il
~CQ~~pB~~`w°y Council Meeting Minutes
JANUARY 25, 2010
Minutes of a regular meeting of Council held on January 25, 2010 at 7:00 p.m., in the
Council Chambers.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Sergeant John Wayne Faught, Private Garrett William Chidley, Corporal Zachery
McCormack, Sergeant Kirk Taylor, Sergeant George Mick and Lieutenant Andrew
Richard Nuttall, Canadian soldiers killed in action.
Councillor Trim led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor G. Robinson
Councillor C. Trim
Councillor W . Woo
Absent: Councillor M. Novak
Also Chief Administrative Officer, F. Wu
Present: Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
J. Cooke, Manager of Communication and Marketing, attended
until 8:05 p.m.
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 10:30 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
Council Meeting Minutes - 2 - January 25, 2010
ANNOUNCEMENTS
Councillor Foster announced the following:
On Saturday, January 23, 2010, he attended the opening of Pet Food and
Treats, a new store at Courtice Crossings
He extended congratulations to Dr. Gary Polonsky, who was recently appointed
as Chair of the Canadian Science and Technology Museum Board of Trustees
Councillor Hooper announced the following:
On Tuesday, January 19, 2010, he, along with David Kelly, Chair, and
Keith Brettell, Member, Clarington Accessibility Advisory Committee, attended
a pilot project regarding accessibility at the Clarington Central Secondary
School. Councillor Hooper expressed appreciation to Todd Garrison, teacher
and students for participating in this event which was very well attended
Councillor Rick Johnson was elected Chair of the Central Lake Ontario
Conservation Authority and Councillor Gerry Emm was elected as Vice-Chair
Councillor Woo announced the following:
On Sunday, January 24, 2010, he attended the opening of Art from The High
Schools at the Visual Arts Centre, an annual exhibition displaying the works of
Clarington high school students. The exhibit runs until February 28, 2010
The Association of Hospital Volunteers, Lakertdge Health Bowmanville, will be
hosting their annual fundraising event "A Taste of Italy' to be held on
February 6, 2010. Over the years, the Association of Hospital Volunteers has
raised over $39,000 with the Association fully funding the relocation of the
coffee kiosk and gift shop to a bright and spacious location
Councillor Robinson announced that the Newcastle Stars Novice Rep Hockey Team
won the International Silver Stick Tournament in St. Claire Shores, Michigan.
Councillor Robinson requested that the team be invited to the next televised Council
meeting to be presented with Certificates in Recognition of their success
Mayor Abernethy announced that the Red Cross is requesting donations to aid the
victims of the recent earthquake in Haiti. Further information is available at
www.redcross.ca.
Resolution #C-020-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on January 11, 2010, be
approved.
"CARRIED"
Council Meeting Minutes - 3 - January 25, 2010
Resolution #C-021-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the agenda be altered by adding Gord Lee to the list of Presentations rather
than as a delegation.
"CARRIED"
Mayor Abernethy welcomed the press, members of the gallery and those viewing
tonight's proceedings from home as he presented the Annual "State of Clarington"
Address.
Mayor Abernethy indicated that during his inaugural speech three years ago, he had
indicated that his priorities would emphasize increasing the participatory role and
profile of the entire Council and noted that in response, the Corporate Strategic
Business Plan was developed creating a framework to build a prosperous and
sustainable community. The Mayor also indicated that openness and accessibility for
the public in Council meetings and proceedings, and ensuring sound business
practices and outcomes in municipal initiatives would also be a priority.
Mayor Abernethy highlighted examples of these priorities including:
• The Energy-From-Waste Environmental Assessment Process new financial
reporting to include a 5 year operating plan
• New Economic Sensitive Revenue Report where Council will receive regular
budget updates comparing actual year-to-date figures to budget estimates
Mayor Abernethy reiterated that, again this year, the Municipality's. most formidable
challenge will be managing growth in order to ensure a prosperous and healthy
community. He noted that with a strong economy, the Municipality receives new tax
revenue that growth provides and uses that revenue to expand and replace facilities,
infrastructure and services and to improve quality of life. He noted however, that
when the economy slows, new tax revenues known as development charge fees,
come to an end and indicated that in Clarington's case, since the year 2000, the
Municipality has been relying on development charge fees to service the $34 Million
debt that has accumulated over the years and will now require alternative sources of
funding to be investigated. Mayor Abernethy acknowledged the struggle to find a
balance between being fiscally responsible and providing a level of service acceptable
to the residents indicating that Council has taken apro-active stance to protect the
2009 property tax increase by taking drastic measures to address revenue shortfalls.
Council Meeting Minutes - 4 - January 25, 2010
Mayor Abernethy announced that Clarington is very stable financially and advised
that:
• Clarington has healthy reserve accounts scoring 4th highest out of 81
municipalities participating the 2009 BMA Study for Discretionary Reserves and
Reserve Funds as a percentage of total expenditures
• Clarington enjoys the benefit of Moody's of New York Triple A rating assigned
to the Region of Durham
• There are positive signs in the housing industry indicating the new housing
market is starting to tum around and is supported by a very strong resale
housing market
• The Durham Region Association of Realtors reported 2009 was their third best
year in sales in the Association's history
• Clarington continues to be an attractive centre for the retail sector with major
players investing in the Highway 2 Corridor
• The new Algoma Orchards processing and storage facility is recognized as one
of the most modern state-of-the-art fruit production and packaging facilities in
Canada
Mayor Abernethy identified the importance of serviced employment lands, which are
currently non-existent in Clarington, stating one of Council's primary goals this term
has been to increase the tax levy on employment lands in order to ease the burden on
the residential taxpayer. Mayor Abernethy stated that if the community wants to take
advantage of the new economic growth that is anticipated to flow from the Darlington
New Build project, serviced lands are required and stressed the importance of
.developing strategic partnerships with public and private entities to achieve common
goals. Mayor Abernethy cited examples of partnerships with other levels of
government to complete projects that allow for future expansion including the Courtice
Trunk Sanitary Sewer and the EFW Host Community Agreement, which was used as
leverage with the Region to provide earlier-than-scheduled servicing of two prime
areas within Clarington, i.e. the Science Park east of Bowmanville at Bennett Road
and the Energy Park located in South Courtice.
Mayor Abernethy highlighted other benefits of the Host Community Agreement
including:
• $600k in new tax revenues each year
• Energy from Waste facilities are relatively new technologies in Canada that
include electrical generation and district heating. District heating reduces
greenhouse gases
• New technologies will attract other new technologies
Provides the opportunity to diversify the local agricultural industry using district
heating technologies to heat existing and future large scale greenhouse
operations which produce fruits, vegetables and flowers year round
Council Meeting Minutes - 5 - January 25, 2010
Mayor Abemethy highlighted other initiatives approved by Council:
The No Waste by'38 Plan has been forwarded to the Region and the Ministry
of the Environment
Initiation of the Official Plan Review to provide the framework to accommodate
close to 58,000 new residents and close to 18,000 new jobs
He expressed appreciation to the Federal and Provincial levels of government for
infrastructure funding Clarington has received and is being utilized to upgrade various
roads and recreational facilities in the community.
Through use of a PowerPoint presentation, Mayor Abernethy highlighted current and
future infrastructure projects scheduled to take place in Clarington including:
• Smart Centre and Halloway Holding development of West Bowmanville
• Concession Road 7 Darlington and Concession Road 8 Clarke Road
Rehabilitation
• Highway 407 Environmental Assessment and construction
• Go Rail Extension. to Bowmanville
• Port Granby Low Level Radioactive Waste Project
• Courtice Trunk Sanitary Sewer -current Class EA Study underway, to
compliment the Region's $165 Million investment into the Courtice Water
Pollution Control Plant
• Durham Region Energy From Waste -Courtice Energy Park
• OPG Nuclear Office Complex -Courtice Energy Park
• OPG Darlington Refurbishment of Non-Reactor Facilities
• OPG Darlington Refurbishment of Reactors
• OPG Darlington B Nuclear New Build
Mayor Abernethy also acknowledged Council's support of Lakeridge Health
Bowmanville and the efforts of local physicians and the public in securing continued
acute care services and quality healthcare in .Bowmanville. Mayor Abemethy
encouraged members of the public to support the Hospital Association's membership
drive. Mayor Abernethy noted that Community Care Durham will be relocating to the
Garnet B. Rickard Complex to newly renovated space previously occupied by Total
Hockey. He also thanked the many local volunteers helping to provide the quality of
life and the sense of community that Clarington experiences.
Mayor Abernethy stated the Darlington B -New Build project is still underway despite
the postponement of the vendor selection process and Council welcomes the attention
and support that Ontario Power Generation brings to Clarington. He noted Clarington
will play a major role in the development of Durham Region becoming the "Energy
Capital of Ontario" and that the new nuclear build at Darlington Generating Station will
create numerous job opportunities for highly skilled and trained individuals. He
acknowledged the challenge for UOIT and Durham College to provide post-secondary
education to meet the current and future needs of the expanding energy industry and
Council Meeting Minutes - 6 - January 25, 2010
how their success will contribute to further the economic spin-off and overall quality of
life that will be enjoyed by future generations.
Mayor Abernethy summarized by stating that Council and staff have accomplished
many things during the past three years and issued a challenge to Council, in the spirit
of the Olympics, to work together to complete the balance of the goals they have
established in this the final year of Council's mandate.
On behalf of Members of Council and the residents of Clarington, Mayor Abemethy
wished Clarington's own Matt Morison much success in reaching his goals at the 2010
Olympics in Vancouver.
Inspector Chris Ostler, Durham Regional Police Service (DRPS), addressed Council
concerning DRPS's Patrol Staffing Analysis Project stating he is extremely excited
and privileged to be in charge of policing in the East Division (formerly 16 Division)
and is looking forward to working together with Council and the public to further
Community safety. Inspector Ostler introduced Staff Sergeant Karen Moloney, in
charge of the Uniformed Branch and Detective Sergeant Stan Pinkney, in charge of
the Criminal Investigation Branch.
Inspector Ostler introduced Deputy Chief Sherry Whiteway. Deputy Chief Whiteway
addressed Council stating she has taken over the Patrol Staffing Analysis Project
(PSAP) from retired Deputy Chief Chuck Mercier and provided a brief history of the
project which started in 2004 and identifies key efficiencies in putting staff where the
workload is.
Inspector Ostler introduced Inspector Dave Kimmerly who conducted a PowerPoint
presentation entitled "Focus on Frontline Patrol ...anew approach".
Inspector Kimmerly highlighted the challenges faced by the DRPS including growth
patterns, workload imbalance, cross area dispatch, the need to balance reactive and
proactive activity, Region-wide, multi-jurisdictional flow of crime, the need for
specialized resources to address sophisticated crime, and staffing regarding major
crime investigations. He reviewed the historical patrol zones and traditional policing
which were based on municipal boundaries and were not reflective of workload, travel
time or geographical barriers, and provided an overview of the principals of Patrol
Staffing Analysis. Inspector Kimmerly stated Patrol Staffing Analysis creates and
encourages ownership of work areas by Frontline Patrol Officers, balances workload
and allows for operation of frontline units at or above preferred staffing levels. The
model facilitates call response and Problem-Oriented Policing by creating more time
for Frontline Patrol Officers to actively participate in problem-solving and directed
patrol. Inspector Kimmerly reviewed the East Division, which is a hybrid urban and
rural policing model, noting changes will enhance the level of frontline patrol, will
provide for future replacement of the main building and will allow DRPS to move to a
more proactive, problem-solving model. He advised that there will be no change to
the CIB, CRU, school officers or regional support services. Inspector Kimmerly stated
the Courtice work area and staff will join East Division following the completion of the
new building estimated for 2012.
Council Meeting Minutes - 7 - January 25, 2010
Mayor Abernethy acknowledged John O'Toole, MPP, Durham, and former Mayor
John Mutton in attendance at tonight's meeting.
Mayor Abernethy presented Reverend David Chisling with a Framed Certificate, on
behalf of Council, in recognition and appreciation of Reverend Chisling's work with the
"Been There" Youth Program. Mayor Abernethy stated Reverend Chisling operates
the project focusing on a restorative justice program for young offenders and is
pleased to have him on the Good Will Ambassador List.
Mayor Abernethy presented Donald Rickard - "Soybean King", Ceresmore Farms Ltd.
with a Framed Certificate in recognition and appreciation of his winning the Grain
Farmers of Ontario 2009 Soybean Yield Challenge for Zone 2 recording 59.9 bushels
per acre, setting a record for Zone 2.
Mayor Abernethy presented Joan Kimball of The Village Card & Gift Shoppe with a
Framed Certificate in recognition and appreciation of her efforts as a Good Will
Ambassador for Clarington. Mayor Abernethy acknowledged that Ms. Kimball was
featured on the front cover of the December issue of Active Adult Magazine which has
a large distribution in Ontario and has also appeared on CITY TV's City Line program.
Gord Lee addressed Council, on behalf of the Newcastle Memorial Arena Board,
thanking Council and staff for their efforts on the Board's behalf in processing their
Recreation Infrastructure Canada grant application. Through the application process
the Board has received funding in excess of $400,000 for the construction of a new
roof and upgrades to the refrigeration plan. Mr. Lee noted the Board continues to
strive to increase revenue and to keep their rates down and takes great pride in
presenting a loan payment of $30,000, bringing the balance of the $360,000 loan the
received from the Municipality to below $90,000. Mr. Lee presented Mayor Abernethy
with a cheque in the amount of $30,000.
DELEGATIONS
Sheila Hall, Clarington Board of Trade, addressed Council in support of Staff
Report #1 -Report CAO-003-10 -Canadian Nuclear Association Conference and
Trade Show. Ms. Hall indicated that the Board of Trade has been reaching out to the
nuclear community and attendance at the conference and trade show will provide an
exclusive opportunity for the Board to promote, network and showcase Clarington and
to share with the nuclear community Clarington's interest and support of the nuclear
industry. Ms. Hall extended appreciation to Council for recognizing the value of this
important opportunity.
Council Meeting Minutes - 8 - January 25, 2010
John Mutton addressed Council concerning Item 2 of Business Arising from Notice of
Motion -Direct Election of the Regional Chair stating it is important that this matter
become a key issue with the upcoming 2010 Municipal Elections and that the
municipalities of Clarington, Brock, Scugog, Uxbridge and Whitby place a referendum
question concerning the direct election of the Regional Chair on the municipal ballot.
Mr. Mutton feels that the results will mirror those received by Oshawa, Pickering and
Ajax from the last election, which overwhelmingly supported the direct election of the
Regional Chair. Mr. Mutton stated the pros and cons of the issue have been debated
but in the end, accountability and democracy must prevail. Mr. Mutton stated the
position of Regional Chair is political noting the Chair makes arguments, moves
motions, votes and represents the electorate beyond the Regional borders. Mr.
Mutton stressed this position is not the same as the position of Speaker of the House.
He confirmed that over the past decade the Region has evolved and that direct
election of the Regional Chair will make the position accountable to the citizens. Mr.
Mutton expressed concern that the last time the Regional Chair was challenged was
in 2000 and feels that ten years without a challenge is not democratic. Mr. Mutton
urged Council to support the Notice of Motion and take a leadership role by placing a
question on the ballot and by urging Whitby, Scugog, Brock and Uxbridge to do the
same.
Kerry Meydam advised prior to the meeting that she would not be addressing Council.
Bruce Wood addressed Council concerning Item 2 of Business Arising from Notice of
Motion -Direct Election of the Regional Chair. Mr. Wood stated as President of the
Oshawa Ratepayers Association, one of the concerns he hears many times is the
issue of $1 billion being paid by Durham residents to the Region without the
opportunity ofdirectly-electing the Regional Chair. Mr. Wood echoed the comments
of the previous speaker urging Council to endorse direct election of the Regional Chair
ensuring taxation with representation for the top position of Regional Council.
Gordon McCallum, The Memorial of Heroes, addressed Council concerning
Correspondence Item D - 13 -Landscape Memorial Adjacent to the "Highway of
Heroes" and introduced Gino Bifolchi and Paul Busch, members of the project team.
Through use of a PowerPoint presentation, Mr. McCallum presented a concept of the
perpetual living memorial to honour those who have given their lives in service to
Canada. Mr. McCallum stated the monument is to be constructed on the north side of
Highway 401, just west of the Highway 115 interchange, along the stretch of highway
known as the "Highway of Heroes'. The memorial will be visible to both east and
westbound traffic and will consist of a stone structure with a statue of a soldier facing
the highway with sculpted maple leaves flowing across the memorial. Mr. McCallum
advised that there will be space beside the memorial for displays for sponsors. He
noted that land has been secured and they have completed conceptual designs and
preliminary engineering. Mr. McCallum confirmed that all financial requirements for
the development and maintenance of the memorial will be funded by the supporting
sponsors and that they intend to plant a tree for every fallen solder subject to approval
of their families.
Council Meeting Minutes - 9 - January 25, 2010
Mr. McCallum stated they are amulti-disciplinary team and are well positioned to
complete the project and ensure success. He urged Council to endorse the concept
of the project being sited within the Municipality of Clarington.
Resolution #C-022-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
"CARRIED"
The meeting reconvened at 8:45 p.m.
Linda Gasser addressed Council concerning Correspondence Item D - 10 Request to
Engage Peer Reviewers -Final and Amended Waste (Incinerator) EA Documents and
Correspondence Item D - 11 - Durham/York Energy-From-Waste Process expressing
concem that last July the majority df Council voted to terminate Clarington's Peer
Review Process, despite the fact that the Project Team had not satisfactorily
addressed many issues. This resolution effectively prevented staff and peer
reviewers from reviewing the final EA documents and resulted in no formal submission
from Clarington during the first public inspection review which she feels is
inexcusable. Ms. Gasser stated that during the first public inspection, citizen
reviewers found many errors, inconsistencies and omissions in the Final EA
documents and appendices and noted that the project team has requested three
extensions to respond to matters raised by the public, the Government team and the
Ministry Technical reviewers. She indicated that the final public inspection period is
likely to begin at the end of February/early March and feels it is imperative for Council
to act now to ensure Clarington's concerns are formally addressed. Ms. Gasser
formally requested that Council direct staff to engage qualified peer reviewers to
review the Final and Amended EA and related documents to ensure that all matters
potentially affecting Clarington are identified with formal comments submitted before
the end of the final public inspection period.
Richard Ward addressed Council concerning Item 2 of Report #1 -Highway 407 East
Environmental Assessment Notice of Completion of the Ministry of Environment
Review. Mr. Ward stated that close to the termination of the design process he had
submitted a concept which was the simplest and safest way to terminate Highway 407
at Highway 115, which would have saved $20 million. He advised that in 2001 he
identified a defect in the design concept on the west end of the 407 going diagonally
north of Highway 7 and back adding $50 million to the cost and suggested that the
west route travel straight from Brougham to Brooklin. Mr. Ward would like to see the
west end reconsidered and the political influence that determines the route being
eliminated as he feels it is a deterrent to the completion of Highway 407.
Council Meeting Minutes - 10 - January 25, 2010
Wendy Bracken addressed Council concerning Correspondence Item D - 11 -
Durham/York Energy-From-Waste. Ms. Bracken stated she has serious concerns
with the Incinerator EA and the fact that Clarington peer reviewers have not been
retained to review the final EA document and Amendments and that no formal
submission was made to the Ministry of the Environment from the municipality during
the comment period. She feels the complete absence of comments from Clarington
has become a bolster to the consultant's position on the EA. Ms. Bracken urged
Council to hire peer reviewers for this phase including a health professional to review
fine particulate matter. Ms. Bracken stated that evidence has revealed that the
incinerator would be a major polluter and acknowledged Clarington's already
compromised air quality. Ms. Bracken stated she has serious concerns with toxicity
referenced values and many unaddressed concerns. She feels Clarington is
vulnerable to the changes and feels it is imperative that the amendments and Final EA
are reviewed by a panel of experts.
Paul-Andre Larose addressed Council concerning Correspondence Item D - 10 -
Request to Engage Peer Reviewers -Final and Amended Waste (Incinerator) EA
Documents and Correspondence Item D - 11 - Durham/York Energy-From-Waste.
Through us of a PowerPoint presentation, Dr. Larose reviewed a presentation entitled
"Incineration -Gross Under-Estimations of the Health Impact". Dr. Larose expressed
concern that the risk assessment for the proposed incinerator does not have any
measure of plant reliability and was performed under the assumption that 100% of the
systems are 100% functional 100% of the time and that the risk assessment did not
take into account the probability of equipment failure. Dr. Larose stated that because
of this and coupled with the fact that there is no redundancy, this seriously under-
estimates the projected emission levels and he feels that more realistic information is
required for both Council and the public to properly assess the implications of
increased exposure levels. Dr. Larose cautioned Council against taking a casual
approach towards incineration.
Louis Bertrand addressed Council concerning Correspondence Item D -10 -Request
to Engage Peer Reviewers -Final and Amended Waste (Incinerator) EA Documents
and Louis Bertrand addressed Council concerning Correspondence Item D -11 -
Durham/York Energy-From-Waste expressing concern with the confusing, erratic and
uncertain Environmental Assessment process for the Energy-From-Waste facility. Mr.
Bertrand presented numerous study documents that have been prepared in relation to
this process and questioned how members of the public or government officials could
possibly review the volume of material produced. He stated experts are needed to
review the matter during the second public inspection period and that Council must
hire peer reviewers to ensure that the latest documents are being reviewed. Mr.
Bertrand stated there will be a cost; however, this is the only chance for an
independent review and will be an investment in the community's health both now and
in the future. Mr. Bertrand confirmed that reviewing the process does not imply
opposing Energy-From-Waste.
Council Meeting Minutes - 11 - January 25, 2010
Cecil Mackesey addressed Council concerning Item 2 of Business Arising from Notice
of Motion -Direct Election of the Regional Chair. Mr. Mackesey stated in preparing for
his delegation, he reviewed information taken from the Region of Durham's website
and the Federal Government's website and provided a comparison between the duties
of the Regional Chair and those of the Prime Minister of Canada. Mr. Mackesey
stated the Prime Minister is an elected official and he finds it difficult to believe that
anyone would think that the Regional Chair's position is more important than the
Prime Minister's. Mr. Mackesey urged Council to place a referendum question on the
ballot regarding the direct election of the Regional Chair and to urge Whitby, Scugog,
Brock and. Uxbridge to do the same.
COMMUNICATIONS
Resolution #C-023-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items L- 7, I - 8, I - 10, I - 13, I - 14 and I - 15.
"CARRIED"
I - 1 Minutes of the Ganaraska Region Conservation Authority dated December
10, 2009
I - 2 Minutes of the Clarington Museums and Archives Board dated November
11,2009
I - 3 Minutes of the. Clarington Heritage Committee dated November 17, 2009
I - 4 Minutes of the Tyrone Community Centre Hall Board dated December 14,
2009
I - 5 Linda Gasser and Louis Bertrand, writing to the Durham Works Committee
expressing concern that neither Councillors, the public and/or EA
reviewers appear to be receiving accurate information about the study
progress and costs; that due to the piecemeal revisions and erratic release
of documents, it is very difficult for reviewers to get a comprehensive view
of the project as a whole and its potential impacts; that the additional
billable hours required to finalize the EA study, the additional work
preparing responses to initial review period comments, amended
documents and amended appendices and addendum will result in
significant unanticipated consulting fees and costs to Durham taxpayers;
and, requesting the Regional Works Committee to direct staff and the
project team to prepare a detailed report listing all amended and revised
documents, explaining the rationale for all changes, showing the additional
project expenditures beyond those set out in the Commissioner of Works'
Council Meeting Minutes - 12 - January 25, 2010
memo dated November 20~', to provide a realistic forecast of estimated
expenses to obtain EA approval and Certificates of Approval, should the
EA be approved, and to clearly describe the impact of the latest study
changes past the project extension granted by the Ministry of the
Environment on project timelines.
I - 6 Doug Reycraft, Chair, Municipal Employer Pension Centre of Ontario
(MEPCO), indicating in 2006, the Association of Municipalities of Ontario
(AMO) was appointed as the sponsor representative for municipal
government employers for the OMERS Pension Plan creating MEPCO;
advising that MEPCO has and will continue to develop well-informed and
well-researched proposals for Plan changes; indicating that MEPCO, along
with other Plan sponsors, are asking the government for relief from the
solvency requirement for this public sector pension plan, a practical step
that would immediately improve the overall health of the Plan; advising that
MEPCO will remain focused on what long-term funding strategy for the
Plan could look like, will be mindful of the significant role that investments
play in concert with benefit and contribution decisions; and, hoping that
MEPCO can count on financial support from all municipal employers to
allow them to continue to represent municipal government employers
interests.
I - 9 Peter Hume, President, Association of Municipalities of Ontario (AMO),
highlighting AMO's 2009 successes in advancing public policy that serves
communities and property taxpayers, and in developing programs through
their corporation, Local Authority Services, which help to stretch tax
dollars; advising the Board will continue its policy and advocacy work on
environmental fronts and will protect the financial gains made over the
years; indicating the Board has approved a modest increase of 1.5% in
membership for 2010 and advising that the theme for the Annual
Conference is "Propelling Economic Prosperity" and hoping municipal
officials will attend to garner new ideas and to explore innovations to
community well-being; and, hoping that the Association can count on the
municipality's membership support in 2010.
I - 11 Sheila Hall, Executive Director, Economic Development Officer, Clarington
Board of Trade, providing an update on the activities that the Board of
Trade and Office of Economic Development have undertaken over the past
year regarding the New Nuclear Build Project at Darlington including
attraction of Nuclear industry businesses from outside Clarington and
educating the existing business community regarding opportunities for
diversification; maintaining communication with Ontario Power
Council Meeting Minutes - 13 - January 25, 2010
Generation's New Nuclear Division, AECL, Infrastructure Ontario and the
Organization of Candu Industries (OCI); hosting the first Energy Summit
which attracted over 100 people representing a mix of OCI membership,
Clarington businesses and individuals from the development community,
forwarding correspondence to over 20 political officials and stakeholders
on behalf of the Board of Trade expressing appreciation for the investment
opportunity for Clarington, and encouraging their partners to send a similar
letter on behalf of their business or association; indicating an additional
letter of support will be sent to the New Minister of Energy and
Infrastructure once the appointment, expected in late January or early
February, is made; and, advising they have been awarded $15,000 by the
Canadian Environmental Assessment Agency to provide a peer review on
the socio-economic impact outlined in the Environmental Impact Study
submitted by Ontario Power Generation, which will help to raise the profile
of interest for the project at the Provincial and Federal levels of
government.
I - 12 Stuart Harrison, General Manager, Policy Committee, Greater
Peterborough Chamber of Commerce, writing to the Right Honourable
Stephen Harper, Prime Minister of Canada and the Honourable Dalton
McGuinty, Premier of Ontario, expressing concern that nearly two years
ago, the Federal Government committed $150 million to refurbish the rail
line between Havelock/Peterborough and Toronto which has yet to be
spent; indicating that the funding is tied to the Build Canada Fund, and
requires the signature of the Province of Ontario; acknowledging that the
Province has commissioned a study by Metrolinx which will address
aspects of the passenger service, which has yet to be released; providing
an overview of the two key components to the rail line including freight and
passenger service; and, recommending that the freight issues be
separated from the passenger issues and that the refurbishment of the line
begin, before the $150 million investment is lost.
I - 7 Sheila Hall, Executive Director, Clarington Board of Trade ~ Office of
Economic Development, endorsing support once again for the New
Nuclear Build at Darlington; advising that with the CANDU reactor division
of AECL being put up for sale, time will be of the essence and it will be
critical for Ontario to encourage continued movement in this process to
allow the project to move forward with the work done to date; highlighting
the predicted economic boost for Clarington, Durham Region, and the
Province and the need to keep the momentum going for these investments
to flourish, help Ontario's economy blossom in these hard times and to
provide high quality jobs; trusting that required decisions and discussions
to keep this project moving forward are well underway; and, offering to
help facilitate discussions to advance this critical project.
Council Meeting Minutes - 14 - January 25, 2010
I - 8 Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, writing to
the Honourable Dalton McGuinty, Premier of Ontario, indicating that as a
business situated within the chosen host community for the New Nuclear
Build in Darlington, Nuclear Logistics Inc. Canada is continuing to prepare
for the economic stimulus this project will inject into Ontario, Durham
Region and the Municipality of Clarington; indicating Ontario's
opportunities for job creation, export opportunities and business expansion
through this project are tremendous and will prove to be a motivator for all
industries; applauding the government for the direction it is following to
ensure that the Province's energy demands are met in the long term; and,
trusting that required decisions and discussions to keep this project moving
forward are well underway and that they will hear in the near future that the
project will soon be moving forward.
Resolution #C-024-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 7 from Sheila Hall, Executive Director, Clarington
Board of Trade & Office of Economic Development and Correspondence Item I - 8
from Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, with respect
to support of New Nuclear Build at Darlington, be endorsed.
"CARRIED"
I - 10 Linda Gasser forwarding a copy of her delegation to the Durham Works
Committee of January 13, 2010, regarding the Amended Incinerator EA
process and costs, expressing concern that correspondence regarding the
incinerator is often redirected by staff and not always made available to
decision-makers in a timely manner; that Council appears not to have a
good understanding of the Amended EA study status and prospects for
approval and don't appear overly concerned with errors or the costs to
address them; requesting two more items be considered, subsequent to
her January 7~h letter, requesting that the Project Team be directed to
update the Project Website to reflect the latest extension request and
related review timelines and to explain the EA review process and possible
Ministry responses to the Amended EA so that Council may anticipate
what action Committees/Council may need to take in the near future; and,
requesting that the Works Commissioner provide written updates any time
an EA review extension is requested and to describe the reasons and
provide copies of letters to the Ministry as well as their responses.
Council Meeting Minutes - 15 - January 25, 2010
Resolution #C-025-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item I - 10 from Linda Gasser, with respect to the Amended
Incinerator EA process and costs, be endorsed; and
THAT the Regional Commissioner of Works be requested to address Council at a
future meeting regarding this matter.
"CARRIED"
I - 13 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington,
extending an invitation to participate in "Bowl for Kid's Sake" to be held
February 16 to 22, 2010, at Liberty Bowl, in support of Big Brothers &
Sisters of Clarington programs. On-line registration and pledging is
available at _h_ttp://clarington.kintera.org/bfks or bowlers may collect
pledges and bring pledge money to the bowling alley on the day of
bowling. In 2009, Big Brothers & Sisters of Clarington reached more than
350 children with their innovative and creative programs and are
committed to serving more children in 2010.
Resolution #C-026-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 13, from Darlene Brown, Executive Director, Big
Brothers & Sisters of Clarington, with respect to the "Bowl for Kid's Sake" fundraising
event, be received for information.
"CARRIED"
I - 14 Leith Moore, Building Industry and Land Development Association (BILD)
Chair, forwarding a copy of "Creating a More Efficient Development
Approval Process: Municipal Best Practices, December 2009", a
document developed in an effort to improve the efficiency of the municipal
development approvals process and providing municipalities with the
opportunity to identify efficiencies that will improve the process and deliver
the municipal outcome while generating savings to the municipal taxpayer.
Council Meeting Minutes - 16 - January 25, 2010
Resolution #C-027-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 14 from Leith Moore, Building Industry and Land
Development Association (BILD), with respect to Municipal Best Practices, be
referred to staff.
"CARRIED"
I - 15 Jonah Kelly, Planning Department, Region of Durham, advising
nominations are being accepted until March 1, 2010, for the Durham
Environmental Advisory Committee (DEAC) Environmental Achievement
Awards, a program established to recognize individual or group efforts in
six award categories that promote, preserve and enhance Durham's
natural environment. Nomination forms are available at
www.durham.ca/deac or by contacting Jonah Kelly at 905-668-7711.
Resolution #C-028-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 15, from Jonah Kelly, Planning Department, Region
of Durham, with respect to the 2010 Durham Environmental Advisory Committee
Annual Awards Program, be referred to the Clarington Living Green Community
Advisory Committee.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 14 was received as a hand out.
Resolution #C-029-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 8, and Hand-out Correspondence
Item D - 14, be approved as per the agenda.
"CARRIED"
Council Meeting Minutes - 17 - January 25, 2010
D - 1 Lyle Goodin, Rotary Club of Bowmanville, advising of the 3~d Annual Rotary
Ribfest to be held on the playing fields of the Garnet B. Rickard Recreation
Complex from June 11 to 13, 2010, and requesting permission to have a
banner placed on the hydro poles, west of the railway during the week of
May 17, 2010 and removed during the week of June 14, 2010, in support
of Rotary Ribfest.
(Installation of banner approved and
Veridian to be advised)
D - 2 Jim Richards requesting Council support direct election of the Regional
Chair and to place a question on the ballot in 2010 to let the electors
decide; expressing concern that appointing the most senior municipal
position, the Regional Chair, by elected Regional Councillors and not
elected by the people is not democratic, fair or acceptable.
(To advise of Council's action regarding the
placing of a referendum question on the
ballot conceming Direct Election of the
Regional Chair)
D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region,
requesting that March be proclaimed "Epilepsy Awareness Month";
indicating their public awareness campaign "Wear Purple and Show You
Care', is underway; and, encouraging participation by purchasing a ticket
to attend their Charity Gala or by wearing purple on Friday, March 26,
2010 to support the more than 36,000 people living with epilepsy in
Durham.
(Proclaimed)
D - 4 Bruce Wood, President, Oshawa Ratepayers Association, advising that
88% of Oshawa citizens voted to have the Regional Chair elected by
general vote of the electors in the last Municipal election with two other
area municipalities voting similarly; and, requesting Clarington Council to
reaffirm the public's sentiment in this regard.
(To advise of Council's action regarding the
placing of a referendum question on the
ballot concerning Direct Election of the
Regional Chair)
Council Meeting Minutes - 18 - January 25, 2010
D - 5 J. Arthur Wynn, President, Newcastle/Bond Head Ratepayers' Association,
expressing concern with the state of the boarded up properties on King
Avenue at the east end of the Village; acknowledging that the Wallbridge
House has been designated as an historical site but that it should not
remain in its present condition indefinitely; and, advising Council that the
Association adopted a resolution to notify the Municipality of concerns
regarding the properties and hoping that any proposed suitable
development would be supported and expedited by the Planning Services
Department.
(Correspondence referred tc the Director of
Planning Services)
D - 6 Debbie Hunter, Office Administrator, MS Society, Durham Regional
Chapter, Multiple Sclerosis Society of Canada, advising the 2010 Multiple
Sclerosis Carnation Campaign will take place during Mother's Day
Weekend and requesting approval for tag days to permit the MS Society to
sell carnations on Friday, May 7 and Saturday, May 8, 2010, in support of
on-going research into the cause and cure of MS and to provide
assistance for persons with Multiple Sclerosis and their families.
(Permission granted to sell carnations on
May 7 and May 8, 2010)
D - 7 G. P. Carroll, P.Eng., President, Municipal Engineers Association, advising
that 2009 marks the 50"' Anniversary of the Municipal Engineers
Association (MEA) Annual Workshop and to celebrate this occasion, the
MEA has published a book of its history, entitled "Sharing With Pride" to be
made available free to all municipalities in the Province in an effort to bring
greater awareness of the, role of municipal engineering in providing
sustainable infrastructure; and, respectfully requesting that the book be
placed in a municipal library for public reference.
(Correspondence referred to the Chief
Executive Officer/Library Director)
D - 8 Robert Stevens requesting that Bowmanville be recognized along Highway
401 on the south side of the highway in one of two locations; forwarding
photographs of other municipal entrance features including. Port Hope,
Brighton, Cobourg, Belleville and Quinte West; and, forwarding a cheque
in the amount of $1,000 to be used as seed money only to accomplish his
request.
(Correspondence forwarded to the Ministry
of Transportation and to John O'Toole,
MPP)
Council Meeting Minutes - 19 - January 25, 2010
D - 14 Susan Edwards, Area Coordinator, Durham Region, Heart and Stroke
Foundation of Ontario, requesting that the month of February be
proclaimed "Heart Month" and that aflag-raising ceremony be arranged to
kick-off the event.
(Proclaimed)
D - 9 James Slyfield, expressing concern regarding the impacts of the proposed
realignment of Middle Road on residents and properties in the 5th
Concession resulting from Council's recommendation that Middle Road be
kept open and bridged over the proposed Highway 407; requesting that
Council respond to specific concerns highlighted in his letter to Council of
September 21, 2009; indicating the proposal to extend both his and a
neighbouring driveway are most troubling and suggesting that Clarington
Council accept responsibility for compensation, accommodation or
consideration regarding the matter; and, encouraging Council to withdraw
their recommendation to keep Middle Road open and bridged.
Resolution #C-030-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 9 from James Slyfield, with respect to the proposed
realignment of Middle Road, be received for information.
"CARRIED"
D - 10 Dr: Debra Jefferson, advising she has been monitoring the Waste
Incinerator Environmental Assessment (EA) study since 2007 noting
citizen reviewers have identified errors, omissions, information gaps in the
final documents and that the Project Team has required three extensions
to deal with the number of comments received and issues raised; that the
final and amended EA documents are substantially different from what
Durham Region Council approved on June 24, 2009 and from the draft EA
documents that Clarington's peer reviewers submitted comments on last
July; indicating that a second EA inspection period is scheduled to begin
February 26, 2010, providing the last formal opportunity for review and
comments and requesting that Council direct staff to engage peer
reviewers to review the Final and Amended EA documents and that
Clarington staff and Council receive professional advice around a formal
submission during the second public inspection.
Council Meeting Minutes - 20 - January 25, 2010
Resolution #C-031-10
Moved by Councillor Foster, seconded by Councillor Woo
WHEREAS the health and welfare of our residents is of primary concern to the
Municipality of Clarington; and
WHEREAS questions and concerns have arisen through the E.A. process with
respect to the current state of the local airshed and the potential negative impact the
proposed incinerator may have on local airshed quality;
THEREFORE BE IT RESOLVED THAT staff investigate and report by the next
Council meeting on the potential costs of peer review of air quality issues arising
from the EFW EA, and that should remaining funding for peer review studies from
Durham Region be available, that the purchasing by-law be suspended and that staff
retain a peer review team to comment on air quality issues relating to the EA and the
proposed incinerator.
"CARRIED"
D - 11 Kerry Meydam, expressing concern regarding recent developments with
the Durham Energy-From-Waste EA and the overall EA process to date;
stating there have been numerous valid concerns raised by residents and
government reviewers during the process; indicating that a third extension
and postponement of the MOE's formal review period for the Amended
Durham/York Residual Waste Study EA has been granted and that the
most recent version is very different from the version voted on by Regional
Council on June 24, 2009; advising that residents are concerned that
human health and the environment could be seriously impacted due to the
deficiencies in the studies as well as the lack of opportunity by residents to
respond formally to all amendments and addendums prior to release of the
Ministry Review document ,due to the disorganized and incomplete way
the entire EA is progressing; stating she feels that Clarington and its
residents are at a disadvantage because of the early dismissal of the
municipality's peer reviewers prior to the completion of the EA and long
before all the changes to the EA documents since being submitted to the
Province; and, requesting that Clarington Council reconsider the early
Council Meeting Minutes - 21 - January 25, 2010
dismissal and consider re-hiring the independent experts to review the final
documentation prior to the Minister making a decision on this EA and that
Council reconsider support of the incineration project until such time as a
proper EA is completed with full documentations and local studies.
Resolution #C-032-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item D - 11 from Kerry Meydam, with respect to the
Durham/York Energy-From-Waste, be received with thanks.
"CARRIED"
D - 12 Stephanie Cappuccitti, requesting an extension to Building Permit
#09.0271 for 4440 Courtice Road for an additional six months due to
weather and unforeseen building problems.
Resolution #C-033-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Stephanie Cappuccitti be granted a 6 month extension for the use of
temporary living quarters at 4440 Courtice Road subject to signing a further Letter of
Undertaking.
"CARRIED"
D - 13 Gordon McCallum, The Memorial of Heroes, forwarding a copy of a draft
proposal for construction of a four seasons custom landscaped memorial,
recognizing Canadian heroes who have fallen during the Afghanistan
conflict, adjacent to the "Highway of Heroes" in Bowmanville; and,
requesting Council's assistance and suggestions that will help to obtain
any necessary Federal and Provincial Government approvals to facilitate
the construction.
Resolution #C-034-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT the request from Gordon McCallum, The Memorial of Heroes, for support of a
proposal to construct a four seasons custom landscaped memorial adjacent to the
"Highway of Heroes" in Bowmanville, be denied.
"CARRIED"
Council Meeting Minutes - 22 - January 25, 2010
COMMITTEE REPORT(S)
Report #1 -General Purpose and Administration Committee Report January 18, 2010.
Resolution #C-035-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee Report of January 18, 2010
be approved, with the exception of Items #2, #4 and #6.
"CARRIED"
Item 2
Resolution #C-036-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-010-10 be received;
THAT Report PSD-010-10 be approved as the Municipality of Clarington's comments
to the Ministry of Environment on the "Notice of Completion of Ministry Review' for the
407 East Environmental Assessment;
THAT, to mitigate the impact of the East Durham Link interchange on the road
network within the Clarington Energy Business Park, the Highway 407 Project be
revised to incorporate the construction of Energy Drive as aproject-related work, in
lieu of the reconstruction of the South Service Road in this same section;
THAT, in compensation for the loss of 28 ha of employment lands in the Clarington
Energy Business Park and the Courtice Industrial Park as a result of the Highway 407
Project and in light of the Province's reluctance to designate additional industrial lands
in Clarington, the Ministry of Transportation be requested to acquire additional lands
within the Energy Park to allow for their early development for industrial purposes in
accordance with the Municipality's Energy Business Park Secondary Plan;
THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the
resulting impact on the road network, the Highway 407 Project be revised to
incorporate the construction of Holt Road between Regional Road 4 and Concession
Road 6 to maintain north-south connectivity within the local road network and to
minimize traffic impacts on the hamlets of Solina and Hampton;
THAT the Ministry of Transportation be required to undertake a more detailed traffic
analysis as part of the Highway 407 Environmental Assessment to examine the
impact of a tolled highway scenario on the local road system;
Council Meeting Minutes - 23 - January 25, 2010
THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate
lands to provide an interchange at Liberty Street and the Highway 407 mainline either
as an alternative to or in addition to the Darlington/Clark Townline Road interchange,
with appropriate provision for emergency access to the highway;
THAT the Municipality concurs with the Ministry of Transportation that additional
discussion is required to address the issue of maintaining access to agricultural lands
on Washington Road;
THAT the Municipality of Clarington and the Ministry of Transportation will have to
continue to liaise on the mitigation of impacts on cultural heritage resources to ensure
both provincial and local heritage objections are satisfied;
THAT staff be authorized to continue discussions and negotiations with the Ministry of
the Environment and the Ministry of Transportation to achieve acceptable solutions to
the above-noted issues;
THAT a copy of Report PSD-010-10 and Council's decision be forwarded to the
Ministry of the Environment, the Ministry of Transportation, and the Regional
Municipality of Durham; and
THAT all interested parties listed in Report PSD-010-10 and any delegations be
advised of Council's decision.
Item 4
"CARRIED"
Resolution #C-037-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-012-10 be received;
THAT the property being Parts 1, 3, 4 and 5, Plan 40R-14254, former Darlington
Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault
Conservation Area be declared surplus;
THAT the Mayor and Clerk be authorized to sign the by-law attached to Report
PSD-012-10 on behalf of the Municipality declaring Parts 1, 3, 4 and 5, Plan 40R-
14254 as surplus;
THAT the property be conveyed to the Central Lake Ontario Conservation Authority in
exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to
Report PSD-012-10, approximately 45 ha in the Bowmanville Urban Area, along the
Bowmanville valley;
Council Meeting Minutes - 24 - January 25, 2010
THAT the Municipality of Clarington will be responsible for the nominal costs
associated with the disposal of the Long Sault Conservation lands including, but not
limited to, the cost of any public notices or advertising, land transfer tax, survey costs,
legal fees and registration costs;
THAT CLOCA would be responsible for the nominal costs associated with the
disposal of the Valleylands including, but not limited to, the cost of land severances,
easements, land transfer tax, survey costs, legal fees and registration costs;
THAT the Mayor and Clerk be authorized to execute all documents necessary to
register required easements and convey the lands to the Central Lake Ontario
Conservation Authority providing they are to the satisfaction of the Municipal Solicitor;
THAT the Mayor and Clerk be authorized to sign the by-law attached to
Report PSD-012-10 on behalf of the Municipality to execute the land exchange offer
from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville
Valley; and
THAT all interested parties listed in Report PSD-012-10 and any delegations be
advised of Council's decision.
"CARRIED"
Item 6
Resolution #C-038-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-014-10 be received;
THAT Council endorse the Durham Region Transit Long Term Transit Strategy with
the following amendments:
• That consideration be made for built heritage or cultural heritage landscapes;
• That the proposed Rapid Transit service along Highway 2 be extended to the
Transitway Station at the future Durham East Link (407);
• That consideration be given to including additional Enhanced Conventional
Service routes along its proposed terminus on Baseline Road to Liberty Street
and north to Highway 2;
• That local transit service to Orono be maintained and improved through the
planning period of this strategy;
• That two additional GO Rail station sites be identified on the east side of
Bowmanville and near Newcastle/Highway 35/115;
• That Durham Region Transit give due consideration to the extension of local
transit service to employment areas in consultation with Municipal staff;
Council Meeting Minutes - 25 - January 25, 2010
THAT Durham Region Transit be congratulated for developing a bold, comprehensive
and innovative vision for transit in Durham Region that will assist in transforming the
urban character of the Region; and
THAT Durham Region Transit be provided a copy of Report PSD-014-10 for their
information and action therein.
"CARRIED"
STAFF REPORT(S)
Report CAO-003-10 -Canadian Nuclear Association Conference and Trade
Show
Resolution #C-039-10
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report CAO-003-10 be received;
THAT Clarington Board of Trade be requested to secure and staff an Exhibitor Booth
on behalf of the Municipality of Clarington at the Canadian Nuclear Association
Conference and Trade Show Feb.23-25, 2010 in Ottawa; and
THAT the CAO be authorized to expend upward of $7,000 to fund this project and the
said funds be drawn from the Economic Development Reserve Account.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-040-10
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS good management and prudence dictate that any organization review and
retain or change, as appropriate, its business practices;
AND WHEREAS the Municipality of Clarington must deal with legal issues of growing
complexity and volume and the costs associated with these issues.
Council Meeting Minutes - 26 - January 25, 2010
THEREFORE BE IT RESOLVED THAT a report be prepared within eight weeks by
our CAO Frank Wu and the Municipal Solicitor Dennis Hefferon to consider the current
policies and practices of the legal services provided to the Municipality of
Clarington with a view to retaining those policies and practices that serve the
Municipality well and suggestions for improvements and potential cost savings where
prudent and appropriate.
"MOTION LOST LATER IN THE MEETING"
Resolution #C-041-10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-040-10 be amended to delete the words "within
eight weeks' and to replace with the words "and referred to the 2010 budget
deliberations" and to delete the words "and the Municipal Solicitor Dennis Hefferon".
"MOTION LOST"
Resolution #C-040-10 was then put to a vote and LOST
Resolution #C-042-10
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last
municipal election placed a referendum question on the ballot to poll the question of
direct election of the Durham Regional Chairman;
WHEREAS the public supported direct election in those municipalities at 88 percent of
electorate support;
WHEREAS changing the process of electing the Regional Chairman needs a vote of
the new Regional Council after the municipal election in order to request the Province
to change the Municipal Act.
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a
referendum question on the ballot to poll the question of direct election of the Durham
Regional Chair, and;
THAT this resolution be copied to all Municipalities in Durham and;
Council Meeting Minutes - 27 - January 25, 2010
THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question
on the ballot for the 2010 election.
"CARRIED ON THE FOLLOWING
RECORDED VOTE:"
Council Member Yes No Declaration of
Petunia Interest Absent
Councillor Foster /
Councillor Hooper /
Councillor Novak /
Councillor Robinson /
Councillor Trim /
Councillor Woo /
Ma or Abemeth /
Councillor Foster raised a Point of Order in that comments made should be regarding
the placing of a question on the ballot only and not a debate regarding direct election
of the Regional Chair.
Resolution #C-043-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Resolution #C-622-09, as amended, as it relates to the method of counting
ballots during the 2010 Municipal Election be reconsidered, to allow for the following
motion to be introduced:
'THAT vote tabulating equipment be utilized for the 2010 Municipal Election'."
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE":
Council Member Yes No Declaration of
Petunia Interest Absent
Councillor Foster /
Councillor Hooper /
Councillor Novak /
Councillor Robinson /
Councillor Trim /
Councillor Woo /
Ma or Abernethy /
Council Meeting Minutes - 28 - January 25, 2010
UNFINISHED BUSINESS
Resolution #C-044-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Item 12 of Report #1 -Staff Report CLD-001-10 -Sale of Fireworks -Perfect
Party Place be lifted from the table.
`CARRIED"
Resolution #C-045-10
Moved by Councillor Hooper, seconded by Councillor Foster
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 forvvarded a copy of Report,
CLD-001-10.
"CARRIED"
Deputy Mayor Trim chaired this portion of the meeting.
Resolution #C-046-10
Moved by Mayor Abernethy, seconded by Councillor Woo
THAT Resolution #C-013-10 be lifted from the table.
"CARRIED"
Resolution #C-047-10
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
Council Meeting Minutes - 29 - January 25, 2010
THAT the remaining clauses of the resolution remain unaltered.
Resolution #C-048-10
"CARRIED LATER IN THE MEETING"
Moved by Councillor Woo, seconded by Mayor Abernethy
THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the
meeting be closed to consider personal matters about identifiable individuals,
including municipal or local board employees.
"CARRIED"
The meeting resumed in open session at 10:55 p.m.
The Deputy Mayor advised that one item was discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were
passed.
Resolution #C-047-10 was then put to a vote and "CARRIED ON THE FOLLOWING
RECORDED VOTE":
Council Member Yes No Declaration of
Pecunia Interest Absent
Ma or Abemethy /
Councillor Foster /
Councillor Hoo er /
Councillor Novak /
Councillor Robinson /
Councillor Woo /
Councillor Trim /
Mayor Abernethy resumed the Chair.
Resolution #C-049-10
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT the meeting be extended for ten minutes in order to complete the agenda.
"CARRIED"
Council Meeting Minutes - 30 - January 25, 2010
Resolution #C-050-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the presentations of the Durham Regional Police Service and Gord Lee be
received with thanks.
"CARRIED"
BY-LAWS
Resolution #C-051-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-007 to 2010-010 inclusive;
2010-007 Being a by-law to declare the lands more particularly described as
Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington
Township in the Municipality of Clarington to be surplus
2010-008 Being a by-law to authorize. the Exchange of land: Parts 1, 3, 4
and 5 on Plan 40R-14254, former Darlington Township be
transferred to Central Lake Ontario Conservation as set out in
Schedule 1 and P.I. N. Numbers 266150214; 266150215;
266140034;266140035; 26932043; 26932048; 266440044; and
266450071 as set out in Schedule 2 be transferred to the
Municipality of Clarington
2010-009 Being a by-law to exempt a certain portion of Registered Plan
40M-1929 from Part Lot Control
2010-010 Being a By-law to adopt the Use of Corporate Resources for
Election Purposes Policy; and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this Section of the Agenda.
OTHER INFORMATION
There was no Other Information introduced under this Section of the Agenda.
Council Meeting Minutes - 31 - January 25, 2010
CONFIRMING BY-LAW
Resolution #C-052-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-011, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 25~h day of January 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-053-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 11:02 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
February 8, 2010
a) Louis Bertrand -Report PSD-021-10 - Durham/York Residual Waste
Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
b) Doug Anderson -Report PSD-021-10 - Durham/York Residual
Waste Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
c) Dale Hunt -Report PSD-015-10 - To Rezone Residential and Limited
Commercial Properties to Permit the Construction of a New Retail
Commercial Building (Item 2 of Report #1)
d) Beth Markle -Report PSD-015-10 - To Rezone Residential and
Limited Commercial Properties to Permit the Construction of a New
Retail Commercial Building (Item 2 of Report #1)
SUMMARY OF CORRESPONDENCE
February 8, 2010
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated December 10, 2009. (Copy attached)
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
January 14, 2010. (Copy attached)
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated January 20, 2010. (Copy attached)
I - 4 Minutes.of the Durham Nuclear Health Committee (DNHC) dated
January 15, 2010. (Copy attached)
I - 5 Minutes of the Clarington Traffic Management Advisory Committee
dated November 19, 2009. (Copy attached)
I - 6 Minutes of the Central Lake Ontario Conservation Authority dated
January 19, 2010. (Copy attached)
I - 7 Linda Gasser, writing to the Regional Finance and Administration
Committee, indicating that since last fall she has brought a number of
concerns regarding the Waste (Incinerator) EA study process related
to costs and potential impacts on the 2010 budget to the attention of
several Regional Standing Committees and Regional Council;
expressing concern that neither the Committees nor Regional Council
are being provided with sufficient information regarding the EA study
process and costs to be aware of the project status, to determine
what the prospects are for EA approval and what the costs to
complete the project would be, or that clear and sufficient direction to
the Project Team staff is given to ensure proper project oversight and
regular detailed updates; expressing concern that the Project Team
has not fully addressed many issues in the Amended EA and
questioning whether the current project team consultants are capable
of completing the EA Study and Certificates of Approval, if the EA
were approved, in a satisfactory manner; and, questioning in what
manner Regional Council and members of the public are generally
informed when direction to staff is provided outside of Committee
meetings.
Summary of Correspondence - 2 - February 8, 2010
I - 8 Correspondence has been received from the following
groupslindividuals in support of the new Nuclear Build project at
Darlington Nuclear Generating Station in Clarington as a major
economic boost to Clarington, Durham Region and the Province of
Ontario:
a) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd.
b) Randy Henry, Courtice Flea Market, 994990 Ontario Limited
c) Mayor Linda Thompson, Municipality of Port Hope
d) Kurt Henry, The Mortgage Centre
e) Elaine Garnett, CHEX TV Channel 12 Durham
I - 9 John R. O'Toole, MPP, Durham, writing to the Honourable Gerry
Phillips, Minister of Energy & Public Infrastructure Renewal,
forwarding a copy of correspondence from the Clarington Board of
Trade (CBOT) in support of the construction of two additional reactors
at the Darlington Nuclear Generating Station; and, questioning what
steps the government will take in the year ahead to advance the
construction of this project.
I - 10 John R. O'Toole, MPP, Durham, forwarding a copy of the response
he received from the Honourable Jim Watson, Minister of Municipal
Affairs and Housing, acknowledging concerns Mr. O'Toole has raised
regarding the Ontario Municipal Partnership Fund (OMPF) and
advising that his letter has been forvvarded to the attention of the
Minister of Finance for consideration. Mr. O'Toole will advise Council
once a reply is received.
I - 11 John R. O'Toole, MPP, Durham, forwarding a copy of the response
he received from the"Honourable Jim Watson, Minister of Municipal
Affairs and Housing, concerning Clarington's resolution regarding the
Places to Grow Act advising the correspondence has been referred to
the Honourable George Smitherman, Minister of Energy and
Infrastructure for consideration. Mr. O'Toole will advise Council once
a reply is received.
I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Darlene
Dove, Policy Analyst, Water Resources Section, Ministry of Natural
Resources, Lands and Waters Branch, advising that on January 27,
2010, Regional Council adopted the following resolution pertaining to
Policies and Procedures for Conservation Authority Plan Review and
Permitting Activities:
Summary of Correspondence - 3 - February 8, 2010
"a) THAT Report #2010-P-2 of the Commissioner of Planning be
forwarded to the Ministry of Natural Resources as the Region of
Durham's comments on the proposed `Policies and Procedures
for Conservation Authority Plan Review and Permitting Activities',
as contained in EBR Posting 010-8243; and
b) THAT a copy of Report #2010-P-2 be forwarded to the Ministry of
Municipal Affairs and Housing, the Area Municipalities, and to
each Conservation Authority having jurisdiction in Durham
Region, for their information.
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on January 27, 2010, Regional Council adopted the following
resolution pertaining to Amendments to Regulations Under the
Planning Act to Notify Propane Facility Operators of New
Development Applications:
"a) THAT Report #2010-P-3 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2010-P-3 be forwarded to the Area
Municipalities for information.
I - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on January 27, 2010, Regional Council adopted the following
resolution pertaining to the Quarterly Report on Planning Activities:
"a) THAT Report #2010-P-5 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report-#2010-P-5 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and
Durham Emergency Medical Services for information."
I - 15 P. M. Madill, Regional Clerk, Region of Durham writing to the
Association of Municipalities of Ontario advising that on January 27,
2010, Regional Council adopted the following resolution pertaining to
Regional Municipality of Durham Staff Comments Prepared in
Response to the Minister of the Environment's Report on the Waste
Diversion Act 2002 Review- "From Waste to Worth: The Role of
Waste Diversion in the Green Economy':
Summary of Correspondence - 4 -
February 8, 2010
"a) THAT The Regional Municipality of Durham staff comments
outlined in Report #2010-J-1 of the Commissioner of Works
regarding the Minister of the Environment's Report on the
Waste Diversion Act 2002 Review -'From Waste to Worth:
The Role of Waste Diversion in the Green Economy' be
forwarded to the Ministry of the Environment for its
consideration in advance of the February 1, 2010 comment
deadline, suggesting that the Waste Diversion Act include:
i) PRODUCER PAYS: Recognition of the need for 100 per
cent Extended Producer Responsibility funding for all
designated materials handled by municipalities as part of
their integrated waste management systems;
ii) EASE AND CONVENIENCE: Recognition of the
significance of source separation, and the role of
municipalities in implementing municipal solid waste
collection policies and direct incentives to residents that
are contributing significantly to the overall diversion goals
shared by the Province of Ontario;
iii) MAINTAIN SERVICE LEVELS: Guarantees of existing or
better levels of waste services to residents which include
as a minimum curbside collection of blue box materials
and waste facility collection points throughout The
Regional Municipality of Durham;
iv) FAIR COMPENSATION FOR EXISTING ASSETS:
Guarantees that if municipal operations, contracts or
infrastructure are affected by new Provincial waste
diversion programs or transfers to the private sector,
municipalities will be fully compensated for any negative
financial impacts, including payment, at fair market value,
for any transferred and/or stranded assets;
v) RECOGNITION OF RECOVERY AS DIVERSION:
Endorsement of the Canadian Council of Ministers of the
Environment definition of the waste diversion hierarchy
that recognizes reduction, reuse, recycling and recovery
as key elements;
Summary of Correspondence - 5 - February 8, 2010
vi) RECOGNITION OF RECOVERY AS DIVERSION:
Recovery of energy as a part of a fully integrated waste
management system and the recognition that diversion
includes the use of energy-from-waste residuals (ash and
other recoverables) to replace elements in the production
of new products and packaging, or incorporate in the
production of new products or packaging;
vii) FAIR DISTRIBUTION OF LEVIES: Recognition of the
need to exempt wastes that are managed through
thermal treatment processes that recover energy,
generate syn-gases, or further capture recyclables from
disposal Jevies;
viii) PROMOTION OF BEST PRACTICES: Guarantees that
new Provincial diversion strategies will include municipal
consultation, and specifically recognize principles
identified by municipalities as contributing to diversion
successes, including that:
A) New systems and strategies should not be
implemented without demonstration of reduced
environmental impacts, compared to existing
diversion systems;
B) Waste contamination of recyclable or reusable
materials should be minimized, which could become
a challenge for specific proposals which may involve
collecting, transporting and/or processing Industrial,
Commercial and Institutional materials with typically
cleaner municipal solid waste materials in a
homogeneous system;
C) Additional materials should only be diverted once a
stable market exists for resale or reuse of the final
product to ensure efforts are not wasted on items
ultimately destined for disposal; and,
D) New systems and strategies should not be
implemented without demonstration that they are
user-friendly, tolerable, cost-effective and accessible
to ensure maximum public support and participation;
Summary of Correspondence - 6 - .February 8, 2010
ix) MUNICIPALITIES CONTROL WHICH ASSETS ARE
TRANSFERRED: Guarantees that municipalities retain
the sole discretionary decision to decide whether
municipal infrastructure is transferred to the private
sector;
x) TRANSITION FUNDING TO MUNICIPALITIES AT 100
PER CENT OF NET COSTS: Guarantees that Ontario
municipalities will receive full Extended Producer
Responsibility funding to offset diversion program costs
during the transition;
xi) ASSURED INDUSTRIAL, COMMERCIAL AND
INSTITUTIONAL COMPLIANCE: Implement appropriate
measures that will incentivize compliance of diversion
targets by the Industrial, Commercial and Institutional
sectors based upon the 4R's, reduction, reuse, recycling
and recovery;
xii) MAINTAIN EXISTING DIVERSION RATES WITHIN
CURRENT WASTE DIVERSION ONTARIO MUNICIPAL
GROUPINGS: Enforcement of material specific
diversion targets and appropriate penalties and fines to
producers must be applied and be commensurate with
an analysis of the environmental benefits versus costs;
xiii) CONTINUED CONSULTATION: Recognition of the
need for continued engaging discussions with the
Province of Ontario municipalities at each transition
phase, regarding implementation options and
implications, phase-in timelines, performance guarantees
and staffing for proposed initiatives, recognizing the role
of municipalities as direct service provider, including
waste collection services, to most of the Province of
Ontario's more than 4.5 million households;
xiv) COORDINATED PROVINCIAL PROMOTION AND
EDUCATION: Collaborative promotion and education
initiatives and call centre programs for an integrated and
seamless interface between Ontario's waste
management programs and the public; and
xv) THAT the Association of Municipalities of Ontario (AMO)
continue to have the right to appoint members to the
Waste Diversion Ontario (WDO) Board of Directors;
Summary of Correspondence - 7 - February 8, 2010
b) THAT Regional comments include a request that Provincial
efforts encourage Extended Producer Responsibility through
movement towards 'zero waste' and include clear definition of
the concept of 'zero waste' to ensure development of
meaningful and achievable diversion plans;
c) THAT Regional staff be authorized to discuss these
recommendations with- Provincial staff and the Association of
Municipalities of Ontario (AMO) and to provide the required
detailed background information; and
d) THAT a copy of Report #2010-J-1 be forwarded as
information to the Clerks of each of The Regional Municipality
of Durham's Local Area Municipalities, AMO, and the local
MPP's."
I - 16 Association of Municipalities of Ontario (AMO) advising AMO has
made its pre-budget submission to the Standing Committee on
Finance and Economic Affairs entitled "Propelling Economic
Prosperity".outlining a re-affirmation of current cost-shared
arrangements that provide predictable municipal funding including,
continued investmeht in municipal infrastructure, improved economic
development opportunities with enhanced financial tools, rebalancing
municipal liability exposure by instituting a better approach to liability;
reflecting on the massive infrastructure investments made by all.
three orders of government through the Economic Stimulus program;
and, cautioning the government that any change to these
agreements would plunge many municipalities into deep and frigid
financial waters. A full copy of AMO's pre-budget submission is
available at www.amo.on.ca.
CORRESPONDENCE FOR DIRECTION
D - 1 Rebecca Evans, President, and Donna Donaldson, Executive
Officer, Durham Region Home Builders' Association, inviting Mayor
Abernethy to attend the Association's "Mayors & Members" evening
on March 23, 2010, as they launch "New Homes Month" in Durham
Region; and, requesting Council to declare April 2010 as "New
Homes Month" in recognition of new home construction and home
ownership. as a basic factor in economic progress and quality of life.
(Motion to Proclaim)
Summary of Correspondence - 8 -
February 8, 2010
D - 2 Donald G. Duthie, Sponsoring Committee Chairman, 172 Royal
Canadian Air Cadets of Clarington, requesting permission to hold
Tag Days on Thursday April 29, 2010 to Sunday, May 2, 2010, in
and around Clarington to help raise funds to finance activities which
are not funded by sponsors such as weekend exercises, citizenship
tours or trips to museums.
(Motion to approve the 172 Claringtor
Squadron Royal Canadian Air
Cadet's request for Tag Days April 29
to May 2, 2010)
D - 3 William Stratton, Chair, Day of Mourning Committee, Durham Region
Labour Council, advising that National Day of Mourning is officially
recognized as April 28~' each year in recognition of working people
who have died at the workplace, or suffered injuries on the job; and,
requesting Council to proclaim Wednesday, April 28, 2010, as "Day
of Mourning" and that the flags be lowered on Municipal Buildings in
honour and remembrance of those killed at the workplace.
(Motion to proclaim and to lower flags
on Municipal Buildings)
D - 4 James Osborne and Pamela Callus, forwarding correspondence in
opposition to the application to amend the Clarington Official Plan
and Zoning By-law by Timothy and Sandra Kearns to permit an
outdoor recreational vehicle storage business at 3424 and 3436
Courtice Road. The correspondence indicates that they are not
opposed to he business per se, but are opposed to the location for a
wide range of reasons and outlined planning, personal and
environmental factors regarding the proposed development.
(Motion to refer correspondence to
the Director of Planning Services)
D - 5 Laverne Morrison, Advertising Consultant, Metroland, Durham
Region Media Group, forwarding advertising proposals for printing
and distributing of the 2010 Clarington.net newsletters and for
production, printing and distribution of a Clarington Lifestyle
Magazine.
(Motion to refer correspondence to
the 2010 Budget Deliberations)
Summary of Correspondence - 9 -
February 8, 2010
D - 6 Robert Howard and Lynn Martin, United Way of Oshawa-Whitby-
Clarington-Brock & Scugog, advising of their intention to bring the
Ride4UnitedWay event, to Clarington on August 29, 2010, and to
use the Garnet B. Rickard Recreation Complex as the starting and
end point for the ride; thanking Members of Council and staff for their
encouragement about the prospects for the event and the
opportunity to help the United Way in Clarington; and, requesting a
grant be provided to cover the fee for the use of the Complex for this
event, in recognition of the United Way as a charitable organization
who will invest the proceeds of this event in Clarington agencies and
the surrounding Durham area.
(Motion to refer to the Municipal
Grant Process)
Task Force for Attracting Higher Education Facilities I - 1
Minutes of Meeting
Thursday, December 10, 2009 at 8:00 a.m.
Meeting Room lA
Present Were: Mayor Jim Abernethy
Bill Humber
Paul Halliday
Dorcas Gordon
Valentine Lovekin (amved at 8:13 a.m.)
Staff: David Crome, Director, Planning Services
Linda Coutu, Executive Assistant to the Mayor
Regrets: Pierre Tremblay
Deborah Patrick
Mayor Abernethy called the meeting to order at 8:05 a.m.
ADOPTION OF MINUTES
Moved by Dorcas Gordon, seconded by Bill Humber that the minutes of the meeting held on
November 5"' be approved.
"CARRIED"
2. SELECTION OF COMMITTEE CHAIR (Carried over from meeting of November 5`h).
Discussion ensued pertaining to the position of Committee Chair.
Moved by Dorcas Gordon, seconded by Bill Humber that the position of Committee Chair be
filled on a rotating basis.
"CARRIED"
Paul Halliday agreed to chair the remainder of the meeting.
3. ASSIGNMENTS (Carried over from meeting of November 5th)
There was a brief discussion about the different approach that each committee member took to
outline their topic. Further discussion ensued pertaining to what is the potential of each subject
and what action might be required.
Bill Humber provided an overview of his topics which were Water Sustainability and Food.
Discussion followed and several ideas evolved. The food aspect can be considered an economic
development strategy which can be linked with the agricultural industry. Several colleges
already offer culinary programs such as organic farming at Sir Sanford Fleming. It was decided
that the Committee would need to confirm their focus before committing to a specific topic.
The Water component of Bill Humber's presentation was also discussed since water is
increasingly becoming a much sought after resource. It was agreed that this subject would be
more inclined to be a University reseazch and education program. This is a multi dimensional
topic as a result of source water protection plans and jurisdictional issues.
Valentine Lovekin presented his overview on Health Caze. Discussed followed pertaining to the
partnership between Lakeridge Health, UOIT and Holbum. There was also some concern about
Oshawa being the lazgest site of Lakeridge Health and any expansions would most likely occur
in and around Lakeridge Health Oshawa.
Further discussion ensued pertaining to the need for serviced lands in Clarington. The
Municipality is working with the Region of Durham to move this item forward on their forecast.
Valentine Lovekin left the meeting at 8:55 a.m.
Pierre Tremblay will be asked to provide an overview of his presentation at the next meeting.
Paul Halliday provided a brief overview of a Community Education Foundation. There was a lot
of discussion about this and the members present thought that this initiative could be pursued
using similar guidelines as the "Valleys 2000" organization, which is a charitable organization.
The Valleys 2000 committee operates at arm's length from the Municipality and elects its own
board. It was felt that the public could provide input into how this Community Education
Foundation could become a reality.
Dorcas Gordon provided her overview on continued education models. Discussion followed and
it was agreed that a physical address is.important when trying to attract programs and/or satellite
campuses. It was agreed that there were other universities and colleges who have succeeded
with expansion projects and their models could be followed in Clarington.
4. ONE-DAY CAMP 30 SUMMIT -SUMMARY BY DAVID CROME
David Crome provided a brief overview of the summit that was held in November to invite the
public to share their ideas for possible uses of the Camp 30 site. The site is privately owned,
however, there is a strong community will to have the site recognized nationally as an historic
site. There were a lot of suggestions brought forward at the summit which include using the
buildings as a campus. David has also received a recent proposal prepared by a group of
Ryerson College Students and copies will be distributed to committee members.
5. OTHER
It was agreed that the members are starting to narrow down the focus of the committee and the
Camp 30 site is an exciting possibility.. The members were reminded that the Municipality does
not own the property and that Council would not likely support a request for funding. There is,
however, a "Friends of Camp 30" group who are looking at possible fundraising initiatives. in
order to ensure the buildings are preserved for historical value. Martha Rutherford-Conrad, who
is the Administrator of the Clarington Museums and Archives, is part of this group. The
members thought that it might help to invite Martha to a future meeting. The members present
also thought that Ron Stead of Holburn should be invited to a future meeting.
Bill Humber agreed to Chair the next meeting.
The committee was reminded about its first interim report to Council, which is due early in the
New Year.
It was agreed that the next meeting will beheld on Thursday, January 21, 2010 at 8:00 a.m. in
Committee Room lA.
Subsequent meeting dates suggested were Thursday, February 25`h and Thursday, March 25"' but
they were not confirmed.
6. ADJOURNMENT
Moved by Bill Humber, seconded by Paul Halliday that the meeting adjourn at 9:50 a.m.
"CARRIED"
CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING
THURSDAY, JANUARY 14, 2010
MEMBERS PRESENT:
Tom Barrie
Ted Watson
Gary Jeffery
Eric Bowman
Henk Mulders
Donald Rickard
Mark Bragg
Orwin Bandstra
Councillor Gord Robinson
I-2
REGRETS: Jennifer Knox
Mary Ann Found
Brenda Metcalf
Ross McMaster
Marlene Werry-Durham Region
STAFF: Faye Langmaid
GUEST: Cliff Curtis, Commissioner of Works, Region of Durham
Anne Greentree, Deputy Clerk (later in meeting)
Adoption of Agenda
10-01 Moved by Don Rickard, seconded by Ted Watson
"That the Agenda for January 14, 2010 be adopted"
"CARRIED"
Approval of Minutes
10-02 Moved by Eric Bowman, seconded by Orwin Bandstra
"That the minutes of the November 12, 2009 meeting be approved,
as amended."
"CARRIED"
GUEST: Cliff Curtis, Commissioner of Works, Region of Durham
Cliff provided an overview of the tire recycling program that the Region has undertaken
and also the Balewrap Program that the Region has had for five years. (Packages for
members not in attendance will be distributed with the minutes).
Questions/Answer Session:
The blue box is different across the Province because the different municipalities have
different contracts with recyclers; some Regions or municipalities do not recycle certain
products such as clam-shells as they do not have a contract with a recycler that can
handle them.
Electronics- after April 1, 2010 anything with a cord will be accepted at the transfer
stations for recycling. Electric cords are at this point not recyclable.
A transfer station in Clarington is part of the agreement between Clarington and the
Region with regard to the EFW. It will be a household transfer station and will take 3-4
years to be up and running. The location is undetermined at this point, an MOE license
is required and they are very specific about the requirements of the transfer station.
The EFW will still be necessary even though Durham has one of the highest recycling
rates of all Ontario municipalities. Currently Durham recycles 53% and have an
aggressive diversion program to get to 70%. In 2009 Durham sent 115,000 tonnes to
landfill in Michigan at the end of 2010 that will shift to New York but the costs will also
increase from $90 a tonne to $110.
Of the waste that will go into the EFW 20% will come out as ash (char) and 5% fly ash
(from the stack) but the volume will have drastically reduced. The ash. is recyclable. in
concrete and cement products the fly ash goes to a hazardous waste site.
Monitoring will be continuous and to the standards required by the MOE Certificate of
Approval, the detailed requirements have not been set as of yet. Some committee
members are concerned about the perception of the public, personally not concerned
but environmental monitoring would have provided additional scient'rfic data to back up
the claims.
Half-loads- The roads are not constructed to a standard to be able to take the weight.
Issue of funding - If additional funding was provided then the roads could be built to a
higher standard (some of them are).. That requires the Province to redistribute how
funding is carried out. If farmers are allowed for their products, it means the developers
and aggregate industry both of which have much stronger political lobbies will be asking
for the same thing.
Side-loads- Cliff suggested that a formal request from the AACC to him be made about
the permitting issue to allow for side loading on Regional roads especially in harvest
season when the fields are wet.
Guest- Anne Greentree, Deputy Clerk
The opportunity to raise chickens in backyards has been requested by a delegation that
came before Council in the late fall. Anne is carrying out research on the issue.
Currently in Clarington chickens are only allowed on agricultural properties. If the
Municipality considers allowing chickens on non-agricultural properties then conditions
have to be set out. The six points made by the delegation on why chickens should. be
allowed were reviewed. After some discussion, it was generally agreed that the six
points raised are not the issues that will most affect the general public. Rather the
AACC Jan 74, ZU7U
issues of predation, spread of disease, what will happen to the chickens once they
finish laying (after 300 days), the potential smell, neighbourhood nuisance, and the size
of the lots would have to be addressed. Anne asked if the committee could formalize its
position.
10-03 Moved by Donald Rickard Seconded by Tom Barrie
`;4ACC does not support the keeping of livestock on non-agricultural
properties"
"CARRIED"
Number of dogs on a rural or agricultural property -Anne also wanted the committee's
opinion on the number of dogs that should be allowed on an agricultural property. In
reviewing the Responsible Pet Owners By-law, the issue of how many if any dogs on
properties where the owner or tenants did not reside has become an issue. After some
discussion the consensus of the committee was that a limit of three mature dogs should
be the maximum unless it is part of the husbandry practices of the industry and it should
be on the property where the pet owner resides.
Examples that were given are the keeping of dogs with livestock to protect them from
coyotes (Great Pyrenees with llamas), the keeping of dogs in greenhouses as security
(e.g. working dogs), sheep farmers (collies and other herding dogs).
BUSINESS ARISING FROM MINUTES
/:loads resolution -was endorsed by Council and circulated to other municipalities.
Climatic Assessment -deferred to next meeting when Marlene is in attendance.
Road Occupancy Permit -Meeting with Leslie Benson and committee members.
Permits can be obtained from Engineering Services, farmers can fill out the permit and
provide additional sheets of information. Engineering Services is willing to provide a
blanket permit for the year with many sites listed. A permit does not allow for a full road
closure even for a short period. The permit states that "all guidelines outlined in Ontario
Traffic Manual- Book 7- Temporary Conditions for Short Duration Work (under 24
hours) must be followed". The Committee members seem well versed on Book 7, other
farmers may not be. Committee members inquired that once a permit is obtained if an
on-line submission to submit occupancy could be set up to assist Emergency Services
in knowing where/when loading will be occurring. There was also some discussion on
how to notify the entire farming community of this -notices at Co-op, Evergreen, etc.
Farmer's Parade of Lights- it was raining but had a larger crowd, great attendance. A
debriefing meeting with Police and others will be held. Permit for December 2010 will
be obtained from Ron Baker within next few months.
CORRESPONDENCE
Notice from John O'Toole about Agricultural Round Table on Monday, Jan 18 in
Blackstock.
AACC _ Jan 74, 2010
REPORTS FROM OTHER COMMITTEES
DAAC
Last meeting was a visit to Algoma, able to see the juicing plant. Very impressive. Eric
noted the article attached to the hand out and the funding that Algoma received from
the Provincial Government.
Durham Federation of Agriculture
No report
Clarington Board of Trade
Donald Rickard informs Board members about the issues important to farmer,
challenges of farming near urban areas and where development is happening.
Meetings are moving to different businesses to see their operations.
OTHER BUSINESS
Private Members Bill regarding Corporations- Gary provided information on the
submission of a private members bill that would restrict corporations from receiving
government grants. There are also limitations in the Pesticides Act regarding
corporations that farmers should be concerned about. It appears that there is little
understanding that some farms are sole proprietor and many are corporations even if
they are small farms. Gary is going to discuss at John O'Toole's roundtable on
agricultural issues. This may require a resolution at future meetings.
GRCA/CLOCA Stewardship Grants- there may be some issues over parody between
the programs, Faye is following up.
Livestock (deadstock) and wildlife predation of crops- Compensation for crop
predation is becoming a major issue. Faye will inform Ron Allen as he is speaker for
next meeting.
2009 Accomplishments -Attached to the handout for tonight, Gary will be appearing
at the January 18~' GPA meeting to update Council
Donald Rickard was named the "Soybean King", the winner of the Soybean Challenge
for Zone 2 of Ontario. A presentation will be made at a televised Council meeting by
Council
FUTURE AGENDA
Feb -Ron Allen from MNR will be here on Wildlife Predation -any specific questions for
him? In addition, Patti Barrie, Tom Vendrasco, Jim Coombs and Brian Souch will
attend.
Future Meeting -Dennis Yellowlees on Greenbelt Council
Moved to Adjourn: Eric Bowman
Next Meeting: February 11, 2010 7:30 p.m.
AACC J81174, lU7U
I-3
Draft minutes -Not vet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
HELD ON WEDNESDAY JANUARY 20, 2010
AT 7:00 P.M.
Present: (Voting) John Stoner -Chair
Kann Murphy-Vice Chair
Shirley Minifie
Arthur Burrows
Staff Present: Peter Windolf
Regrets: Pat Mulcahy
David Best
Absent: Greg Wells - GRCA
Warren May - MNR
1. Agenda
Additions
No additions
Dan Stanoi
Brian Reid
Jim Cleland
Councillor Willie Woo
Joe McKenna
Acceptance of Agenda
MOVED by Karin Murphy, seconded by Brian Reid
THAT the agenda for January 20, 2010 be accepted.
CARRIED
2. Minutes of December 8, 2009
Corrections
There were no corrections to the minutes
2
Approval of Minutes
MOVED by Jim Cleland, seconded by Shirley Minifie
THAT the minutes of December 8, 2009 be approved.
CARRIED
3. Issues arising from the Minutes
There were no issues arising from the minutes.
4. Sub-Committee Reports
Communications
Joe e-mailed to indicate that he is waiting for one more article to be submitted by John
Stoner to complete the newsletter.
John Stoner will send his article to Joe when it is complete.
5. Updates
Winter Bird and Mammal Count
The Winter Bird and Mammal Count is scheduled for Sunday January 24. In the event of
poor weather the back-up date is Februazy 7. Brian provided a handout detailing the
meeting instructions to committee members. John Foster from the Durham Field
Naturalists will provide more specific instructions on site. Participants are to meet at the
Cobbledick parking lot at 8:15 AM. Three teams of 4 people each will be formed to count
at different areas of the S WNA and a spotting scope will be set up on each viewing
platform. Due to the lack of snow the mammal count will be difficult since tracks maybe
hard to find.
The results from the count will be brought to a future S WNA meeting and will also be
submitted to a Provincial data base of wildlife information.
Trail Relocation
The section of Waterfront Trail east of the pedestrian bridge was surveyed and two
conceptual layouts were prepared to illustrate how the slope can be reduced.
Option 1
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.
Option 2
Realigning the trail through the woods. In this option the trail would be re-routed S/E
from the bottom of the slope for approximately 100m until it reconnects with the
existing trail. This would decrease the grade on the trail to 10% and would remove a
small portion of the trail that currently encroaches onto the Hydro One corridor.
Option 2 was preferred by the committee since it removes the current encroachment and
provides a more direct and scenic alignment to the valley. A cost estimate for option 2
will be prepared and brought to a future meeting.
Evergreen Green Grants Prog~
An application is being finalized for the Januazy 29, 2010 deadline. The proposed project
would include tree and shrub planting in the riparian zones, the old fields, and along the
edges of the SWNA. John Stoner will be the contact person from the SWNA. A letter of
support from the Municipality will be included in the application.
Accessible Customer Service
Several committee members have attended the training but others have yet to do so.
Those members who were unable to attend the December 3Ta or 10`h sessions will be
contacted with future dates for the session. Joe and Brian have attended similar sessions
in their own workplace and will provide supporting information to request that they be
exempt.
DEAC Awards
A nomination form was sent to the committee for the 2010 DEAC Awards. Since the
SWNA committee won the Irene Kock Education/Communication award in 2009 it was
decided to not submit a nomination this year.
6. Other Business/Next Meeting
Brian will be investigating holding a spring event at the SWNA themed azound
Wildflowers.
Peter reminded the committee that the February meeting will be on the third Tuesday in
Februazy.
Motion to Adjourn
MOVED by Shirley Minifie, seconded by Karin Murphy
THAT the meeting be adjourned.
CARRIED
Adjournment: 8:15 P.M.
Next Meet;ug: Tuesday February 16, 2010
.7:00 p.m.
Meeting Room lA
Notes prepared by P. Windolf
'il.D.v 5~8'6~t7 hi'i .~°~.~'~ s
DURHAM NUCLEAR HEALTH COMMITTEE (DNHC)
MINUTES OF MEETING
LOCATION Durham Regional Headquarters
605 Rossland Road East
Meeting Room 1 G
Whitby, Ontario
DATE January 15, 2010 ,
TIME
1:00 PM
Mr. Ken Gorman, Durham Region Health Departm
(Chair)
Ms. Mary-Anne Pietrusiak, DRHD
Mr. Phil Dunn, Ministry of the Environment
Dr. Dave Whillans, Ontario Power Generation (OP
Mr. Frank Bajurny, OPG
Dr. Tony Waker, University of Ontario Institute of
Mr. Marc Landry, Public Member
Dr. Barry Neil, Public Member .
Mr. Alex Heydon, Public Member
Mr. Jansen Wu, Public Member
it (I7RHD)RI TION
REVtEWEO BY
ORIGINAL r0: ~
O COUNCIL $COUNCII ^ FILE
DIRECTION INFCNMAiION
^ MEMBERS O CAO
~ OF COUNCIL
O COMANNdTY ^ CORPORATE ^ EMERGENCY
~RNCES: SERVICES SERVICES
O ENGSIEERtlI6 O MUNICIPAL O d'EMIIONS
SERVICES CLERN'S
PLANNING O SOLICITOR O TREASURY
SERVICES
PRESENTERS/ Mr. Brian Devitt, DRHD, (Secretary) ^ OTNER
OBSERVERS Dr. Doug Chambers, SENES, (Presenter) MIrR01PAL CLERK'S FRE
Mr. Bill Robinson, OPG, (Presenter)
Mr. Glenn Jager, OPG, (Presenter)
Ms. Vanessa Hughes, OPG (Presenter)
Mr. Paul Nadeau - OPG (Presenter)
Ms. Janice Szwarz, Municipality of Clarington (Presenter)
Mr. Ivan Ciuciura, Durham Emergency Management Office (DEMO)
Mr. John Byard, DEMO
Mr. Greg Lymer, Durham Region Works Department
Mr. Carl Ferencz, Member of the Public
Mr. Eugene Kelly, City of Toronto Health Department
REGRETS Mr. Ken Shrives, Public Member
Mr. Hazdev Bains, Public Member
Ms. Norma Drummond, Public Member
Ms. Lorraine Weigel, Public Member
Ms. Sue Stickley, AECL
Robert Kyle could not attend the meeting today and appointed Ken Gorman as Chair.
Ken opened the meeting and welcomed everyone.
Brian Devitt, Secretary to the DNHC, mentioned that Joshua Mazuryk has resigned as
the Public Member for the City of Pickering due to time constraints and other
commitments.
Brian indicated Robert Kyle wants to receive applications over the next two to three
months from anyone interested in serving the DNHC as a Public Member.
1.0 Adoption of the DNHC Agenda
The Revised Agenda was adopted.
2.0 Adoption of the DNHC Minutes of the November 20, 2009 meeting
TUe Min~tes;~rc adopted as written.
. - _
_ 3.0 Correspondence
~_ ~_;,
3.1 Robert K}d~'s office received the minutes of the Pickering Nucleaz Generating
"Station Comimunity Advisory Council for November 2009.
,~
3.2 'Robert Kyle's office received report of the Task Force on the Alternatives for
Medical-Isotope Production prepared by TRIUNE of the University of British
Coluinla with support from Natural Resources Canada dated November 17, 2009.
,kC ;.¢ e' P~ ..
„~,3 , Rober{,.Kyles office received the Draft Report for Review from the Nuclear Waste
Managenen Organizatiori concerning the report Implementing Adaptive Waste
___.._. ___..~_ _. ___Managemen 2010 to 2014 dated November 2009.
,.,~ ~:~:,~a
"`'~'~'-'""~3'"~I""TCo'E`eit y e s office received the media releases from AECL conceming updates
on the NRU return to service plan related to the Chalk River Laboratories that is
scheduled for the first quarter of 2010 dated December 2, 16 and 30, 2009.
3.5 Robert Kyle's office received the media release from Natural Resources Canada
conceming the report from the Expert Review Panel on Medical-Isotope
Production dated December 3, 2009.
3.6 Robert Kyle's office received the media release from the CNSC conceming the
Start of the Public Review Period on the Environmental Impact Statement and the
Application for a Licence to Prepare a Site for the Dazlington New Nucleaz Power
Plant dated December 15, 2009.
3.7 Robert Kyle's office received the media release fiom AECL concerning senior
management appointments dated December 16, 2009.
3.8 Robert Kyle's office received the media release from Natural Resources Canada
announcing that the Government of Canada has invited Investor Proposals for the
AECL CANDU Reactor Division dated December 23, 2009.
3.9 Robert Kyle's office received the media releases from OPG concerning the
inadvertent release of water from Darlington Nucleaz Generating Station
containing tritium and hydrazine and the follow-up action taken dated December
21 and 23, 2009.
3.10 Robert Kyle's office received the resignation of Joshua Mazuryk as the DNHC
Public Member for the City of Pickering dated January 5, 2010.
3.11 Robert Kyle's office received the media release from OPG concerning the follow-
up information on the inadvertent water release from Dazlington Nucleaz
Generating Station dated January 7, 2010.
4.0 Nuclear Power /Environmental Issues
4.1 Report on the Integrated Safety Review for Pickering B
Biil Robinson, Execufive Vice President Nucleaz Refurbishment Projects and
Support for OPG, provided a presentation on the Integrated Safety Review (ISR) for
Pickering B that was completed and submitted to the Canadian Nucleaz Safety
Commission (CNSC) in September 2009. The highlights of Bill's presentation
were:
• The CNSC's refurbishment process for Pickering B required a complete
environmental assessment (EA) and a complete ISR and both were completed
in 2009.
• The EA and the ISR will become the basis of the Integrated Improvement
Plan (IIP) should the decision be made to refixrbish Pickering B.
• .The IIP sets the scope for refubishment including the cost and schedule.
• OPG will not do an IIP until a refurbishment decision is made but it is
completing a screening level cost and schedule to help inform the
refurbishment decision.
• CNSC feedback on the ISR will input into the cost and schedule of
refurbishment.
• The objective of the ISR is a comprehensive assessment to determine:
o The extent to which the plant conforms to the modem safety goals
and requirements
o The extent to which the CNSC licensing basis remains valid
o The adequacy and effectiveness of the arrangements in place to
maintain plant safety for long-term operation
o The design and.. operational improvements required to address gaps
with respect to modern safety requirements
• The Pickering B ISR process was developed and conducted with
consideration for the requirements of:
o The CNSC Regulatory Document, RD - 360
o The International Atomic Energy Agency (IAEA) Guide NS-G-2.10
• The ISR was reviewed and accepted by the CNSC.
• The ISR involved a comprehensive review over 3 yeazs with 17 safety factor
reviews and 15 reports submitted to the CNSC.
The ISR process received third party review and verification by the IAEA and
stated the Pickering B ISR process was in full compliance with IAEA
standazds.
The ISR process received a second third party review and verification by ISR
Global Assessment and concluded that no significant issues were identified
that limit the safe operation of Pickering B through extended life.
Bill indicated the ISR Conclusions were:
• Pickering B is safely operated today and can be safely operated into the
future.
• Pickering B is operating at a high level of compliance compazed to modem
codes and standazds for international nucleaz plants.
. Pickering B will have some safety enhancements completed only if a decision
is made to refurbish but they are not safety requirements and do not affect the
safety of current operations.
Bill Robinson will keep the DNHC updated on the refurbishment process. for
Pickering B. The overheads Bill used are attached as Appendix 1.
4.2 Progress Report on the OPG Nucleaz Security Program
Paul Nadeau, Director of Nucleaz Safety for OPG, provided a presentation on the
nucleaz safety program at OPG. The highlights of Paul's presentation were:
• -The CNSC sets the nucleaz security regulations and standards for nucleaz
facilities and conducts annual site inspections.
• OPG and the CNSC conduct `Force on Force' exercises to test their ability to
control potential adversaries.
• OPG has created the Nucleaz Security Intelligence Program for networking
with local, provincial and federal agencies including:
o Durham Regional Police Service
o Royal Canadian Mounted Police
o Ontario Provincial Police
o .Canadian Security Intelligence Service
o Department of National Defence
• The Durham Regional Police Service has provided an armed presence 24/7 at
Pickering and Dazlington since September 11, 2001.
. OPG has an excellent relationship with the Durham Regional Police Service
but is in the process of assuming full responsibility for the armed response.
• After the transition, OPG and the Durham Regional Police Service will
maintain a close working relationship.
• OPG will assume full responsibility for the armed response at Pickering
Nuclear on January 18, 2010 and Dazlington Nucleaz in early 2011.
Paul Nadeau offered to bring further updates to the DNHC on OPG's nuclear
security program at Pickering and Darlington and can be reached at (905) 839-
6740 for more information.
4.3 Report on the Inadvertent Release of Water Containing Tritium and Hydrazine to
Lake. Ontario from the Dazlington Nucleaz Generating Station
Glenn Jager, Deputy Vice President of Dazlington Nucleaz, provided a presentation
on the inadvertent water release from Dazlington Nucleaz Generating Station (NGS)
on December 21, 2009. The highlights of Glenn's presentation were:
• Operators at Dazlington NGS inadvertently added Lake Ontario water to a
storage tank that already contained demineralized (purified) water resulting in
an overflow from the tank.
• The overflow was quickly identified but 210,000 litres of water were released
to the ground that entered a yard drainage system and some to Lake Ontario.
• The water contained low levels of tritium and hydrazine.
• An immediate clean-up and recovery of the water began and notification of
several agencies since the spill could have increased the tritium levels in
drinking water.
• Information bulletins were provided by OPG to the public and media about
the spill.
• Water supply plants in Oshawa, Bowmanville, Newcastle, Port Hope and
Toronto increased the frequency of water sampling for tritium but there was
no measurable increase noted.
Glenn Jager indicated the post-event follow-up by OPG will include:
• An investigation to identify measures to prevent a recurrence.
• An investigation to determine the root cause of the event.
• Post-event meetings and communications with the Ontario Ministry of the
Environment, CNSC and community leaders to improve communications.
• Continued communication with the public and media concerning the. event.
Glenn offered to update the DNHC on the lessons learned and any changes made to
avoid to a recurrence of the spill as a result of the post-event follow-up. The
overheads Glenn Jager used are attached as Appendix 2.
4.4 Progress Report on the Port Granby Project
Sue Stickley, Member of the AECL Port Hope Initiative Team (PRAT), could not
attend the meeting but Sue requested Janice Szwarz, Senior Planner for the
Municipality of Clarington, to present her prepazed update on the Port Granby
Project. The highlights of Janice's presentation were:
• May 2009, the Draft Environmental Assessment (EA) Screening Report was
released for public comment.
• August 19, 2009, the EA Screening Report was finalized and the EA decision
was announced by the CNSC and Natural Resources Canada.
• November 2009, the Municipality of Clarington accepted the EA decision.
• The. Screening Report confums the EA prediction of no significant. adverse
environmental effects caused by conducting the Port Granby Project.
• The PHAI MO has decided to submit the CNSC license application for the
Project in 2011 rather than 2010.
• A contract to develop a detailed design for the proposed new waste
management facility is scheduled to be awarded in 2010 with construction to
begin in 2012.
• The Canadian Government remains fully committed to the Port Granby
Project.
• The next steps towards the Project start are:
o Eazly spring 2010, the End Use Committee recommendation will go
to the Municipality of Clarington for inclusion in the Project
0 2011, licensing submission to the CNSC for decision
0 2011 to 2012, CNSC license decision is expected
0 2012, construction schedule will begin and will take 5 to 6 yeazs to
complete the Port Granby Project
Sue Brickley can be reached at (866) 255-2755 or by a-mail at sticklevsCa~aecl.ca for
more information on the Port Granby Project.
5.0 Health Effects
5.1 Report on the Health Effects of Tritium in Drinking Water in Relation to the
Ontario Drinking Water Advisory Council's Recommendation of 20 Bq/Uyeaz
Dr. Doug Chambers, Director of Risk and Radiation for $ENES, provided a
scientific presentation with a context for the health risk associated with the Ontario
Drinking Water Advisory Council's (ODWAC) recommendation for tritium of 20
Bq/Uyeaz in drinking water. The highlights of Doug's presentation were:
• Current Health Canada and Ontario Drinking Water Guidelines aze based on
the World Health Organization (WHO) 2006 recommended reference dose
level that is equal to 0.1 mSv from one yeaz's consumption of drinking water.
• The recommended dose level is a well accepted international approach to
setting drinking water guidelines and for calculating the Maximum
Acceptable Concentration.
Doug indicated the health risks for radionuclides including tritium are:
• Once radionuclides have entered the human body, they are absorbed,
metabolized and distributed throughout the tissues and organs and eliminated
in urine and feces.
• The effects on the organs and tissues depend on the type and energy of the
radiation and the residence time within the body.
• Exposure can result in cancers to various tissues and organs:
• The probability of health effect is estimated as the product of dose and a risk
factor that converts dose to risk.
• The latest ICRP cancer risk coefficients (ICRP 103) aze used for dose and
risk calculations to determine the risk of getting cancer in a lifetime.
6
Doug offered the DNHC his view of the ODWAC recommendation of lowering the
drinking standazd to 20 Bq/llyeaz. His views are:
• The current ODWAC standazd of 7,000 Bq/llyeaz is consistent with the WHO
reference dose of O.1mSv from one yeaz of intake.
• The 0.1 mSv is 10% of the public dose limit and a small fraction of the dose
from natural background radiation.
• For radiation (unlike chemicals) doses from all radionuclides and exposure
pathways can be added.
• Radiological approach (limit and ALARA) has achieved low HTO
concentration with a lifetime risk of cancer in the order of one in a million.
• There is no need to change the existing ODWAC standazd of 7,000 Bq/llyeaz
for tritium in drinking water to maintain the objective of one in a million
lifetime risk of cancer.
Dr. Doug Chambers can be contacted at (905) 764-9380 or by a-mail at
dchambers@senes.ca for more information. The overheads Doug used for his
presentation are attached as Appendix 3.
6.0 Communications
6.1 Community Issues at Pickering Nuclear
Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, provided an
update on Community Issues at Pickering Nucleaz. The highlights of Vanessa's
presentation were:
• Pickering units 1, 5, 6, 7, and 8 are operating at full power and unit 4 is
undergoing a planned outage and will return to service in the next few days.
• Employees at Pickering A have worked almost 3.3 million hours without a
lost-time injury and Pickering B is approaching 0.5 million hours.
• Pickering employees aze preparing for the Vacuum Building Outage in the
spring 2010 to allow the scheduled inspections by the CNSC and the outage
will allow OPG to conduct planned maintenance.
• The Pickering A re-licensing hearings with the CNSC will begin in Ottawa in
February and the second hearing will be in Pickering in May, 2010. The
DNHC will be updated on these hearings.
Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905)
839-1151 extension 5966 or by a-mail at don.terrv~a,onE COm for more information.
6.2 Community Issues at Dazlington Nucleaz
Vanessa Hughes provided an update on the community issues at Dazlington
Nuclear. The highlights of Vanessa's presentation were:
• All four units at Darlington are operating at full power.
• Employees at Darlington aze approaching 5.3 million hours without alost-
time injury or approximately 600 days since the last lost-time injury.
Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, can be reached
at (905) 697-7443 by a-mail at Vanessa.hughes~a opg com for more information.
6.3 Vanessa Hughes provided additional information relating to OPG and both
Pickering and Dazlington Nuclear sites and they aze:
• Pickering and Dazlington employees aze working on the next edition of the
Neighbours newsletter for distribution in February 2010.
• Pickering and Dazlington employees ate working on their March Break
Program for students and pazents. More information on the Progam will be
provided to the DNHC.
7.0 Other Business
7.1 Topics Inventory Update
Robert Kyle indicated the Topics Inventory will be revised to include the
presentations made today and it is attached as Appendix 4.
7.2 Future Topics for the DNHC to Consider
Robert Kyle indicated the topics for discussion at the next meeting on September
18, 2009 or future DNHC meetings may include:
• Report from the Ontario Ministry of the Environment concerning inspections
of Pickering and Dazlington Nuclear Generating Stations
• Report on the Pickering Nuclear Vacuum Building Outage
• Report from AECL on the Production and Supply of Medical Isotopes
• Report from UOTI' on the Faculty of Energy Systems and Nuclear Science
• Progress Report from the Nucleaz Waste Management Organization
• Progress Report from OPG on the New Nucleaz at Darlington Project
• Report from the DRHD on their DineSafe Durham program
8.0 Next Meeting
Date April 16, 2010
Time 12:00 PM Lunch served
1:00 PM Meeting begins
Location University of Ontario Institute of Technology (UOTT)
2000 Simcoe Street North
Meeting Room UL2 (Portable next to the Library)
Oshawa, Ontario
9.0 Adjournment at 3:40 PM
ce4a~ng use way
Approved by Committee Members
I-5
CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE
MUNICIPALITY OF CLARINGTON
Minutes of Meeting
Thursday November 19, 2009
PRESENT: (Chair) Gord Lee (Vice-Chair) Vacant
Councillor Adrian Foster Elwood Ward
Lisa Robinson Georg Krohn
Alan Bayliss David Reesor
Kerry Meydam
Gillian Bellefontaine
ALSO
PRESENT: Leslie Benson, Manager of Transportation & Design
Ron Baker, Traffic & Transportation Co-ordinator
Constable Esther Rathwell, Durham Regional Police Services
Jeff Pammett, Region of Durham, Traffic Engineering &
Operations Division
REGRETS: Tony Cannella, Director of Engineering Services, John Slater
The chair introduced and welcomed Jeff Pammett representing Durham Region for this
meeting only.
1.0 ADOPTION OF MINUTES-(October 15, 2009)
The following motion was proposed:
THAT: "The minutes of the October 15, 2009 meeting are approved without
changes."
MOVED: by Councillor Adrian Foster; SECONDED by Elwood Ward
CARRIED
2.0 ITEMS FOR INFORMATION
2.1 Road Watch News & Statistics-(Gord Lee)
Gord Lee reported having picked up four Road Watch reports. He will check on-
line for additional reports.
DRPS Statistics-(Constable Esther Rathwell]
Constable Rathwell reported that letters to speeders caught under the Traffic
Watch Program have been sent. This part of the program has ended this year and
will resume in the spring. Constable Rathwell. gets directly involved when there
has been a second or third offense under the same license plate.
Traffic Watch Statistics-(Ron Baker)
The Municipality's Traffic Watch contractor has completed his work for the year.
Almost 800 speeders were recorded travelling 20 km/hr or more over the limit.
Letters were sent to 82.3% of those offenders. Councillor Foster asked Constable
Rathwell how this information was used, and she reported- that officers aze sent to
areas where there is lazge numbers of speeders. Sufficient DRPS manpower for
this part of the program is ofren an issue.
3.0 AGENDA ITEMS FOR DISCUSSION
3.1 Meeting Update-Gord Lee and Director of Engineering-(GordLee)
The Chair will meet with the Director of Engineering Services in the near future
to discuss potential pro] ects for the Committee.
3.2 Bowmanville High School Update-(Ron Baker)
Ron Baker reported that pavement markings have been completed at the school's
ingress and egress but not to the satisfaction of the Region. They will be redone.
It was reported that the line painting on Regional Road 14 at the school maybe
confusing. This will be improved in the spring as well.
3.3 Traffic Committee Action List-(Gord Lee)
Two sample Action Lists were reviewed by the Committee. Staff will compile an
Action List with components of each, and any action items or outstanding issues
from 2009 will be added to the list. The list will be reviewed for additions and
deletions at each meeting.
3.4 Regional Road 57/Stevens Road Intersection update-(Ron Baker)
It has been reported that school buses have difficulty making a northbound left
turn lane from Stevens Road onto Regional Road 57. Regional Road 57 will
eventually have a median at this location, and school buses are intended to travel
south on Clarington Boulevard to Highway 2. The Region will inform the School
Boazd.
4.0 NEW BUSINESS AT DIRECTION OF CHAIR
4.1 Committee Document Entitled "Who we are -What we do"
The document was reviewed by the members. Councillor Foster recommended
that the Committee hold a brainstorming session in future to discuss what types of
traffic related projects the Committee would like to be involved in. Members
were asked to give this some consideration and forward any ideas to the Chair.
4.2 Regional Collision Reporting Centre
Constable Rathwell reported that the Regional Collision Reporting Centre is now
open in Pickering which will streamline the accident reporting process. Constable
Rathwell also explained that policing borders within Durham Region may change
in an effort to balance "calls per officer" across the Region. This change if
implemented will not affect traffic issues in Clarington.
4.3 Accessibility for Ontarians
George Krohn stated that Clarington Traffic Management Advisory Committee
members were being asked to attend Accessibility for Ontarians with Disabilities
Act sessions in the near future.
5.0 NEXT MEETING DATE- January 21, 2010-7:00 P.M.
Committee Room 1 C-Enter via Municipal Administrative Centre, 40 Temperance
Street, Bowmanville, through the north door on Church Street (Library entrance
doors).
6.0 ADJOURNMENT
MOVED by; David Reesor
THAT: "The meeting be adjourned at 8:30 p.m."
a CENTRAL LAKE ONTARIO CONSERVA~JQLF$~'~Ip$1'~~.,~i
;. c,..
MINUTES NO. 1
I-6
ANNUAL AUTHORITY MEETING
Tuesday. January 19.2010 - 5:00 P.M.
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM
Present:
DISTRIBUTION
REVIEWED 8V
ORIGINAL TO:
^ COUNCIL COUNCIL ^ FILE
DIRECTION INFORMATION
COPY TO:
^ MAYOR O MEMBERS ^ CAO
OF COUNCIL
^ COMMUNIN ^. CORPORATE ^ EMERGENCY
SERVCES SERVICES SERVICES
^ ENGINEERING ^ MUNICIPAL ^ OPERATIONS
SERVICES CLERK'S
^ PLANNING ^ SOLICITORS ^ TREASURY
SERVICES
O OTHER
MUNICIPAL CLERK'S fllE
G. Emm, Chair
R. Johnson, Vice Chair
S. Crawford
1. Drumm
A. Foster
R. Hooper
D. Mitchell
J. Neal
B. Nicholson
M. Pearce
P. Perkins
1.R. Powell, Chief Administrative Officer
D. White, Director, Corporate Services
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Marketing 8c Communications Coordinator
M. Hrynyk, General Superintendent
P. Lowe, Director, Watershed Stewardship & Community Outreach
P. Sisson, Director, Engineering & Field Operations
G. SooChan, Directoq Groundwater
M. Stauffer, Administrative AssistandRecording Secretary
A. Cullen
A Gray
M. Novak
The Chair called the meeting to order at 5:00 p.m.
WELCOME - G. Emm, Chair, welcomed members to the Annual Authority meeting.
DECLARATIONS of interest by members on any matters herein contained
Councillor A. Foster declared a conflict with the delegation -John and Inge Huber and Staff Report #4849-09 -Huber Property
Drainage Complaint, and neither took part in discussions, nor voted on the matter.
ADOPTION OF MINUTES
Res. #1 Moved by R. Johnson
Seconded by J. Neal
THAT 1beAuthority minutes ojNovember ]7, 2009 be adopted os circulated
CARRIED
AUTHORITY ANNUAL MEETING- MEETING NO. 1-JANUARY 19, 2010 -PAGE 2
CHAIR'S REMARKS - G. Emm
2009 in Review
It has been a pleasure to serve as Chair of Central Lake Ontario Conservation Authority for the years 2007, 2008 and 2009. Highlights
over that three year period include the following
• Completed floodplain mapping for 5 watersheds
• Acquired 805 acres of land across the jwisdiction which included 67 acres at Heber Down, 184 acres at Enniskillen,262 acres
at Long Sault and 292 acres at Lynde Shores Conservation Areas
• Re-opened Stephen's Gulch Conservation Area
• Completed the Stewardship Plan for the Enniskillen Conservation Area and its new land holdings
• Celebrated the 10th anniversary of the Dwham Children's Groundwater Festival in 2007, and as of 2009, we have engaged
more than 50,000 students from Durham Region
• Celebrated CLOCA's 50'" Anniversary
• Renovated the former Conference Centre to include improved storage, office and parking facilities at ow main office
I also want to draw attention to specific accomplishments in 2009.
• Completed the Black/I-Iarmony/Farewell Creek Existing Conditions Repoli
• Completed floodplain mapping for Bowmanville/Soper Creek watersheds, and initiated floodphtin mapping for the Robinson
Creek and Black/Harmony/Farewell Creek watersheds.
• Significant habitat and species sightings included tall grass prairie confirmed at Long Sault Conservation Area and river otters
in the Bowmanville Westside Marshes Conservation Area
• Completed ow commitments to the Oak Ridges Moraine Foundation for the Caring For the Moraine Project enhancing 50
hectares of private land in ow watershed headwaters since 2006
• Completed the Royal Ashburn Golf Club Wetland Project and co-hosted the first annual Wetland Conservation Golf
Tournament raising $60,000 towards conservation education.
• Completed CLOCA's first Watershed Checkup called Protecting Our Watershed, Nature's Precious Resource for
distribution to the general public and stakeholders
• Enhancement of trails and public use structwes at Heber Down Conservation Area and finally
Hosted the 11ih annual CLOCA Watershed Awards honouring the outstanding environmental contributions made by all of ow
communities
In closing, I would like to thank the members and staff for their support in making my three years as Chair of CLOCA a rewazding and
pleasurable experience.
DELEGATION -John and Inge Huber Property and Staff Report #4849-09 -Huber Property Drainage Complaint (attached as
Schedule 4-11 to 4-24).
Mr. John Huber, P.Eng., PMP on behalf of his parents, John and Inge Huber, gave a slide presentation (attached as Schedule 4-3 to 4-
10) as a follow-up to the presentation at the November 17, 2009 Board Meeting.
Res. #2 Moved by J. Drumm
Seconded by P. Perkins
THAT Mr. John Huber be allowed to extend his delegation for an additiona110 minutes to address the issued in
Staff Report #4849-09.
G. Emm thanked John Huber for his presentation and welcomed questions. Discussion ensued.
P. Sisson gave a summary of Staff Report #4849-09 (attached as Schedule 4-11 to 4-24) and answered questions.
AUTHORITY ANNUAL MEETING -MEETING NO. 1-JANUARY 19, 2010 -PAGE 3
Res. #3 Moved by R. Johnson
Seconded by M. Peazce
THAT Staff Report #4849-09 be received for information.
DEFEATED
Res. #4 Moved by B. Nicholson
Seconded by S. Crawford
THAT the matter be referred back to staff for a report' including recommendations for a solution to the matter.
CARRIED
ELECTION OF OFFICERS
At this point, the meeting was turn over to Russ Powell, Chief AdminisVative Officer, who assumed the Chair and declazed the
positions of Chair and Vice-Chair vacant.
Res. #5 Moved by M. Pearce
Seconded by R. Hooper
THAT Dan Wkite and Patricia Lowe be designated scrutineers and that, in tke event of an election all ballots 6e
desbayed
CARRIED
Authority Chair
Mc Powell called for nominations for the position of Chair for 2010, and stated that no seconder was required.
Nominations: J. Drumm nominated R. Johnson
P. Perkins nominated M. Pearce
Res. #6 Moved by J. Drumm
Seconded by S. Crawford
THAT nominations for tke position ojAurhority Chair be closed
CARRIED
R. Johnston "stands"
M. Pearce "declines with thanks"
R. Johnson was declazed Authority Chair for 2010, and conducted the remainder of the meeting;
Authority Vice-Chair
The Chair called for nominations for the position of Vice-Chair for 2010, and stated that no seconder was required.
Nominations: S. Crawford nominated G. Emm
Res. #7 Moved by P. Perkins
Seconded by J. Neal
THAT nominations jar the position ofAurhoruy ice-Chair be closed.
CARRIED
G. Emm "stands"
G. Emm was declazed Authority Vice-Chair for 2010.
AUTHORITY ANNUAL MEETING - MEETING NO. 1-JANUARY 19, 2010 -PAGE 4
CHIEF ADMINISTRATIVE OFFICER
1. Staff Report #4857-10 (attached as Schedule 7-1)
Common Membership -Different Boards
Res. #8 Moved by B. Nicholson
Seconded by G. Emm
THAT the Chair, Vrce Chair and members of the Central Lake Ontario Conservation Authority for 2010 6e the
Chart, Vice Chair and members of the Central Lake Ontario Conservation Fund jor 2010 and the Chair, Vice
Chair and members of the Central Lake Ontario Source Protection Authoruy for 2010.
CARRIED
SIGNING OFFICERS
Res. #9 Moved by P. Perkins
Seconded by R. Hooper
THAT the Signing Officers of the Authority be any two of !ke following: Tht Chair, Vice-Chair, Chief
.4dministrative Officer/Secretary-Treasurer, and Director ojCorporate Services.
CARRIED
SOLICITORS
Res. #]0 Moved by G. Emm
Seconded by S. Crawford
THAT the frrms Boychyn & Baychyn, Oshawa; Gardiner, Roberts, Toronto; Beard, Winter, Toronto, and Hicks
Morley, Toronto be appointed Solicitors for the Authority, as required _
CARRIED
BORROWING BY-LAW
Res. # 11 Moved by A. Foster
Seconded by S. Crawford
THAT any two of the following: The Chair, Vice-Chair, Chief Administrative Officer/Secretary-Treasurer, and
Director of Corporate Services of the Central Lake Ontario Conservation Authority are hereby authorized to
borrow from time to time, by way of promissory note, from the Toronto-Dominion Bank, 4 Ring Sdeet West,
Oshawa, the sum or sums nor exceeding $1,000,000 to meet immediate administrative and operational
expenditures until the Province of Ontario grant and/or Regional levy have been received, and to give on behalf
of the said Authority a promissory Holt or notes, sealed with the Cosporate Seal and signed by the Chair or Vice-
Chair and the ChiefAdministratrve O~cer/Secre[ary-Treasurer and/or the Director ojCorporate Services for the
monies so borrowed with interest which may be paid in advance o- otherwise, at a rate not exceeding prime per
annum.
THAT all sums borrowed pursuant !o the authority of this Resolution jor the purpose mentioned herein shall,
with interest thereon, be a charge upon the whole of the monies received or [o be received, by the Bard Authority,
as and when such monies are received
THAT the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services rs hereby
authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the interest thereon,
alt of the monies hereinafter collected or received by the said Authority from the Province of Ontario by way of a
Grantor from the Regional Levy to be made in accordance with provisions of The Conservation Authorities Act
CARRIED
CONSERVATION ONTARIO COUNCH,
Res. #12 Moved by R. Hooper
Seconded by S. Crawford
THAT the Chair be appointed as the Authority's representative on the Conservation Ontario Council
Alternative designates are the Vice-Chair, the Chief Administrative Officer, and the Director of Corporate
Services.
CARRIED
AU'~HORITY ANNUAL MEETING - MEETING NO. 1-JANUARY 19, 2010 -PAGE 5
ENFORCEMENT OFFICERS
?. Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42/06
Res. #13 Moved by B. Nicholson
Seconded by S. Crawford
THAT P. Sisson, T. Aikins, S. Cauley, J. Hetherington, D. Hope, A. Langmuir and W. Coulter be appointed
Enforcement Officers under the Developmenti Interference with Wetlands and Alteration to Shorelines and
li'atercourses Regulation #41/06.
CARRIED
(ii) Conservation Areas Regulation #101/92
Res. #14 Moved by B. Nicholson
Seconded by S. Crawford
THAT ~i1. Hrynyk, T. Backus, H. Hirschfeld, J. dlaas, B. De Waal and D. Hope be appointed Enforcement
Officers under the Conservation Areas Regulation #101/91.
CARRIED
3. Email correspondence from Mayor Pat Perkins, Town of Whitby (attached as Schedule 13-1 to 13-5)
Rei meeting date for CLOCA Board of Directors February 2010 meeting
Res. #15 Moved by J. Drumm
Seconded by B. Nicholson
THAT meeting date for CLOCA Board of Directors February 1010 mewing remain on WEDNESDAY,
February 17,1010.
CARRIED
(2) Email cotrespondence from John Selkirk (attached as Schedule 13-6 & 13-7)
Re: Lynde Shores Conservation Area, Eastbourne Estates Residences
(3) Correspondence from Oak Ridges Moraine Foundation/Kim Gavine, Executive Duector (attached as Schedule 13-8)
Re: Future role and focus of the Oak Ridges Moraine Foundation
(4) Email correspondence from Don Hurst (attached as Schedule 13-9)
Re: appreciation of improvemen[s/upgmdes completed at Long Sault Conservation Area
(5) Email correspondence from Scott Siersma (attached as Schedule 13-10)
Re: appreciation of upgrades to trail system at Heber Down Conservation Area
Res. #16 Moved by G. Emm
Seconded by S. Crawford
THAT the above correspondence items be received for information.
CARRIED
J. Neal was excused.
DIRECTOR, ENGINEERING & FIELD OPERATIONS
4. Staff Report #4851-]0 (attached as Schedule 14-1 to 14-3)
Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines aad Watercourses -
November 1 to December 31, 2009
AUTHORITY ANNUAL MEETIlVG - MEETING NO. 1-JANUARY 19, 2010 -PAGE 6
Res. #17 Moved by S. Crawford
Seconded by M. Pearce
THAT the attached applications be approved and the respective permits be issued
CARRIED
(2) Staff Report #: 4853-10 (attached as Schedule 14-4 to 14-6)
File #: OIO-002-GBFH -IMS: RPRG3496
Applicant: Tatra Valley Homes
Application: for development (filling and construction)
Location: 27 Nassau Street, Oshawa, Part of Lot 12, Concession 1, City of Oshawa
Res. #18 Moved by S. Crawford
Seconded by A. Foster
THAT the application 6e approved subject to the following conditions:
(1J The project shall generally be carried out in accordance with the plans and specifecations submitted in
support of the application, as they may be amended by the following conditions.
(2) The applicant shall enter into a Save Harmless Agreement with the Authority at the owner's expense prior
to the expiration oflkrs permit
(3) The structure shall be designed and approved by a qualified engineer to withstand hydrostatic pressures
under a regualtory flood event
(4) All electrical outlets shall be elevated as high as possible within the basement of the structure and all lowest
openings will be set at an elevartion of not less than 103.98 metres (G.SC.; Geodetic Survey of Canada)
(5) The applicant agrees to install and maintain all sedimentation condals as directed byAutkarity staff.
(6J All disturbed areas shall be seeded, sodded or stabilized in same other manner acceptable to the Authority.
(7) The applicant agrees to maintain all existing drainage patterns.
CARRIED
(3) Staff Report #: 4858-10 (attached as Schedule 14-7 to 14-9)
File #: 010-004-GFHW -IMS: RPRG3495
Applicant/Owner:Ducks Unlimited Canada/City of Oshawa
Application: to permit construction activities to repair existing dyke, erect safety fencing around existing fish
passage structure, and to conduct repairs to the existing pump house structure
Location: Oshawa Second Marsh
Lots 3 and 4, Broken Front Concession, Oshawa
Res. # 19 Moved by P. Perkins
Seconded by R. Hooper
THAT the application be APPROVED for the following seasons:
S. The proposed works wUl neither adversely affect, flood haaards nor negatively interfere with the wetland
CARRIED
(4) Staff Report #: 4859-10 (attached as Schedule 14-10 to 14-34)
File #: S-W-2005-08, Z-36-O5, OPA 2005-W/9, OPA 2005-012
ApplicandOwner:1631057 Ontario Ltd:
Application: requested participant status -Ontario Municipal Board Zoning, Official Plan Amendment and Plan
of Subdivision
Location: Northwest Comer Anderson Street and Conlin Road, Part Lot 23, Concession 5, Town of Whitby
Res. #20 Moved by A. Foster
Seconded by M. Pearce
THAT StaffReport tk1859-10 be received for information and that the Authority authorizes stafjto maintarn a
Participant status in regard to these applications.
CARRIED
AUTHORITY ANNUAL MEETING - MEETING NO. 1-JANUARY 19, 2010 -PAGE 7
(S) Staff Report #4861-10 (attached as Schedule 14-35 to 14-41)
Durham Region Emergency Management Practice Exercise Operation Weather Wces
Res. #21 Moved by B. Nicholson
Seconded by P. Perkins
THAT Staff Report #4861-10 be received for information.
CARRIED
(6) Staff Report #4860-10 (attached as Schedule 14-42 to 14-48)
Purple Woods Conservation Area Maple Syrup Festival Facility
Res. #22 Moved by G: Emm
Seconded by S. Crawford
THAT SlaffReport #4860-10 be received for information;
THAT the CLOCA Board ojDirectors endorses proceeding wilk the Purple Woods Conservation Area Maple
Syrup Festiva( Facility project in 2070 and that it be adopted as a project of the Authority;
THAT Ron Awde Architect and Aged Wood Consutction be conducted to develop the site improvements based
on the concept ojheritage type building from recycled timber materials;
THAT the Region of Durham be requested to contribute $350,000.00 as a special capital junding request;
THAT the Reserve far Future Developments be utilized in the amount of $250,000.00; and,
THAT the CLOC Fund be requested fo provide frnancial support in the amount of $100,000.00.
Mayor Pearce commented that it was unlikely that the Regional Finance Committee would support anything above the budget
guidelines and asked if there was afall-back position for funding. R. Powell advised that CLOCA has applied for infrastructure
funding from a Federal agency. Discussion ensued.
Res. #23 Moved by G. Emm
Seconded by D. Mitchell
THAT Staff Report #4860-10 be tabled
CARRIED
DII2ECTOR, WATERSHED STEWARDSHH' & COMMUNITY OUTREACH
6. Staff Report #4852-10 (attached as Schedule 15-1 to 15-3)
Oak Ridges Momiae Caring For the Moraine Program, Accomplishments 2006 to 2009
Res. #24 Moved by P. Petkin
Seconded by R. Hooper
THAT Staff Repoli #4852-10 be received for information.
CARRIED
DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE
7. Staff Report #4854-10 (attached as Schedule 6-1 to 16-8)
Black/Harmony/Fazewell Creek Watershed Management Plan Phase 1 Consultation and Public Information Centre
Res. #25 Moved by A. Foster
Seconded by P. Perkins
THAT Staff Report #4854-10 be received for information.
CARRIED
AUTHORITY ANNUAL MEETING - MEETING NO. 1-JANUARY 19, 2010 -PAGE 8
DIRECTOR, GROUNDWATER
8. Staff Report #4850-10 (attached as Schedule 17-1 to 17-7)
CTC Source Water Protection -Chair's Quarterly Report
Res. #26 Moved by B. Nicholson
Seconded by D. Mitchell
THAT Staff Report #4850-09 be received for information.
CARRIED
DIRECTOR, CORPORATE SERVICES
9. Staff Report #4855-10 (attached as Schedule 18-1 to 18-2)
2009 Yeaz-End Financial Position and Use of Reserves
Res. #27 Moved by G. Emm
Seconded by R. Hooper
THAT the 2009 defeciy including property tax owing at the Lynde Shores Conservation Area, be pard out ojthe
Reserve for Working Capital;
THAT the balance of funds required jor the acquisition of the Hachey Tracts ar the Long Sautt Conservation
Area in the amount of $54,618 be taken from the Reserve for Future Land Acquisition.
CARRIED
(2) Staff Report #4856-10 (attached as Schedule 18-3 to 18-6)
Proposed Fees for Authority Services 8t Programs for 2010
Res. #28 Moved by A. Foster
Seconded by G. Emm
THAT Staff Report tfd856-10 be received; and,
THAT the 2010 Proposed Fees for Authority Services and Programs be adopted, effective February 1, 2010.
CARRIED
(3) Staff Report #4862-10 (attached as Schedule 18-7 to 18-12, circulated to members & staffonly)
Durham Region Conservation Authorities, DRAFT LETTER -Working in Partnership for Healthy Watersheds
2010 Eo 2014, Five-Year Capital and Operating Budget
Staff were directed [o make amendments [o the budget regazding the special capital request for the Putple Woods redevelopment
project and to hold to the Durham Region budget guidelines.
Res. #29 Moved by A. Foster
Seconded by D. Mitchell
THAT Staff Report #4862-10 be received for information.
CARRIED
MUNICIPAL AND OTHER BUSINESS
B. Nicholson noted that Oshawa Council had sent a request that CLOCA have independent tests conducted on the dredgeate berm
works currently underway by the Oshawa Harbour Commission on Gifford Hill lands and that the results be provided to Members of
Council Councillor Nicholson expressed concern that the request had been denied by staff rather than being referred to the CLOCA
Board of Directors. R. Powell advised [hat
1. The CLOCA permit to the Oshawa Harbour Commission had been approved by the CLOCA Board of Directors on November 17,
2009.
2. The Oshawa Harbour Commission had voluntarily applied for the CLOCA permit since CLOCA regulations do not apply to
federal agencies.
3. CLOCA involvement at the dredging site had been as a Schedule 3 agency, acting under authority of the Department of Fisheries
and Oceans, which did have jurisdiction on Oshawa Harbour Commission lands.
4. Chemical testing of the dredgeate material had been conducted by the Oshawa Harbour Commission (Shaheen Peaker Thompson
Ltd., Consulting Geo-Enduonmental Engineers) and the results accepted by CLOCA for purposed of DFO and CLOCA
requirements.
AUTHORITY ANNUAL MEETING - MEETING NO. 1-JANUARY 19, 2010 -PAGE 9
MUNICIPAL AND OTHER BUSINESS
G. Emm inquired about a property located at Pearl and Baldwin in Whitby. Mr. Powell noted that CLOCA is aware of the situation and
will provide comments if a severance is applied for.
ADJOURNMENT
Res. #30 Moved by J. Drumm
Seconded by G. Emm
THAT the meeting adjourn.
CARRIED
The meeting adjourned at 6:59 p.m.
Clam((7 n
Energizing Ontario `~
REPORT #1
REPORT TO COUNCIL MEETING OF FEBRUARY 8, 2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, FEBRUARY 1, 2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) FND-002-10 Report on Revenue Sensitive to Economic Conditions -
December 2009
2. TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO
PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING
APPLICANT: F & I GATEWAY INVESTMENTS INC.
THAT Report PSD-015-10 be received;
THAT Staff be directed to facilitate a meeting to receive feedback from the public in
Newcastle, at the expense of the developer;
THAT the Staff continue processing the application and prepare a further report
following receipt of all outstanding agency comments and the meeting referred to in
Recommendation 2; and
THAT all interested parties listed in Report PSD-015-10 and any delegations be
advised of Council's decision.
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO
CORPORATION OF THE MUNICIPALITY OFC LARlNGTO N'
L1C 3A6 T 905-623-3379.
Report #1 - 2 - February 8, 2010
3. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING
BY-LAW TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE
BUSINESS
APPLICANT: TIMOTHY AND SANDRA KEARNS
THAT Report PSD-016-10 be received;
THAT the applications submitted by Timothy and Sandra Kearns for Official Plan
and Zoning By-law amendments continue to be processed; and
THAT all interested parties listed in PSD-016-10 and any delegations be advised of
Council's decision.
4. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING
BY-LAW TO PERMIT THE ERECTION OF A TENT STRUCTURE FOR THE
SEASONAL USE OF AGRI-TOURISM EVENTS AS A SECONDARY USE TO
THE EXISTING FARM OPERATION
APPLICANT: NANCY MALLETTE
THAT Report PSD-017-10 be received;
THAT Staff continue processing the applications to amend the Official Plan and
Zoning By-law; and
THAT all interested parties listed in Report PSD-017-10 and any delegations be
advised of Council's decision.
5. RELEASE OF THE OFFICIAL PLAN REVIEW PAPER
COURTICE MAIN STREET STUDY ISSUES REVIEW PAPER
THAT Report PSD-018-10 be received; and
THAT the Region of Durham and all interested parties listed in Report PSD-018-10
be advised of the release of the Discussion Paper.
Report #1 - 3 - February 8, 2010
6. AMENDMENT TO SIGN BY-LAW 2009-123
APPLICANT: APPLE TREE DENTISTRY! ASPEN SPRINGS LIMITED
THAT Report PSD-019-10 be received;
THAT the application for Amendment to the Municipality of Clarington Sign
By-law 2009-123, submitted by Apple Tree Dentistry /Aspen Springs Limited, to
permit a second mobile sign on the property at 39 Martin Road, Bowmanville, be
approved and that staff be authorized to issue a permit for a second mobile sign at
such time the approved site plan for the development is amended to identify
locations for the mobile signs; and
THAT all interested parties listed in Report PSD-019-10 and any delegations be
advised of Council's decision.
7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JANUARY 21, 2010
THAT Report PSD-020-10 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
January 21, 2010 for applications A2009-0051 and A2009-0052 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment.
8. CONFIDENTIAL PROPERTY MATTER -EXPROPRIATION OF 902714
ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO THE APPRAISED VALUE
THAT this Addendum to PSD-105-09 be received;
THAT an additional payment of $31, 250.00 plus interest calculated as set out in
the Expropriation Act, Section 33, be forwarded to 902714 Ontario Inc. (Bruce
Brown) with funds to be provided from Account No. 110-50-130-85002-7401 Land
Acquisition; and
THAT all interested parties listed in Report PSD-105-09 and any delegations be
advised of Council's decision.
Report #1 - 4 - February 8, 2010
9. MIDDLE ROAD SUBDIVISION, BOWMANVILLE, PLAN 40M-2225,
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD-006-10 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2225; and
THAT Council approve the by-laws attached to Report EGD-006-10, assuming
certain streets within Plan 40M-2225 as public highways.
10. ANIMAL SERVICES QUARTERLY REPORT -OCTOBER -DECEMBER, 2009
THAT Report CLD-003-10 be received for information; and
THAT a copy of Report CLD-003-10 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
T1. PROPOSED ELECTION SIGN BY-LAW
THAT the Addendum to Report CLD-022-09 be received;
THAT the Election Sign By-law attached to Addendum to Report CLD-022-09, as
Attachment 3, be forwarded to Council for passage; and
THAT the interested parties listed in the Addendum to Report CLD-022-09 be
advised of Council's action.
12. LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
THAT Report FND-003-10 be received; and
THAT the list of applications for cancellation, reduction, apportionments or refund of
taxes, attached to Report FND-003-10, be approved.
13. BILL HUMBER, TASK FORCE FOR ATTRACTING HIGHER EDUCATION
FACILITIES TO CLARINGTON, REGARDING THE TASK FORCE'S INTERIM
REPORT
THAT the presentation by Bill Humber, regarding the Interim Report of the Task
Force for Attracting Higher Education Facilities to Clarington be received with
thanks.
Report #1 - 5 - February 8, 2010
14. BUILDING OF 407 EAST (MAINLINE AND LINK) AT ONE TIME (NO STAGING)
WHEREAS the Municipality of Clarington supports the construction of the 407 East
(mainline and link) through to its termination at Highway 35/115;
WHEREAS the Municipality of Clarington supports the aggressive schedule to
substantially complete the Highway in 2013;
WHEREAS the implementation of the Highway is beyond the scope of the
Environmental Assessment;
WHEREAS it is understood that there is substantial work to be done, by the
Ministry of Transportation, its consultants, and contractors to determine the best
way to, deliver the project within the timeline and budget, and understanding that
the Ministry is pursuing all available opportunities to accelerate the overall schedule
without compromising the Provincial and Federal EA Acts and approved Terms of
Reference for the project;
WHEREAS the Municipality of Clarington supports the efforts of the Ministry and
Province to meet its obligations as set out in the FLOW initiative, an agreement
between the Federal and Provincial governments to improve transportation
infrastructure in the Greater Toronto Area (GTA); and
WHEREAS staging or phasing the Highway would have negative impacts on the
Regional and local road networks;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington
continues to support the construction of the 407 East Extension to Highway 35/115
without any staging or phasing;
AND FURTHER THAT this- resolution be circulated to the Region of Durham and its
local municipalities for support and forwarded to the Minister of Transportation and
Premier.
Report #1 - 6 - February 8, 2010
15. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN LIAISON GROUP
WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP)
and project area by By-law 2005-123 in-June and the Ministry of Municipal Affairs
and Housing approved the CIP with amendments on September 16, 2005;
WHEREAS Community Improvement Plans allow the Municipality to provide
incentives to business owners and property owners within the Project Area (as set
out in the CIP);
WHEREAS the two other Community Improvement Plans in Clarington have liaison
groups that assist with their implementation;
WHEREAS at the time the Bowmanville Community Improvement Plan was
approved there was no recommendation to have a liaison committee; and
WHEREAS there is now a desire by the Bowmanville BIA, merchants outside the
BIA and Council to have a liaison committee;
THEREFORE BE IT RESOLVED THAT Staff be requested to bring forward a report
and terms of reference for a Bowmanville CIP liaison group.
16. BUSINESS REGISTRY FEASIBILITY
THAT Staff be directed to prepare a report regarding the feasibility of establishment
and maintenance of a low cost business registry.
17. LETTER FROM ANN-MARIE RAREFY, REGARDING REPORT PSD-015-10
THAT the letter received today from Ann-Marie Harley, regarding Report
PSD-015-10, regarding the Shoppers Drug Mart proposal, be referred to the
Planning Services Department for incorporation into the ongoing planning process
for this application.
18. LETTER FROM ROGER AND VICKI BERGMANN
REGARDING REPORT PSD-016-10
THAT the letter, hand delivered by Ms. Callus, from Roger and Vicki Bermann,
regarding Report PSD-016-10, regarding the proposal for the storage of outdoor
vehicles, be referred to the Planning Services Department for incorporation into the
ongoing planning process for this application.
~ Clarington
Leoarng nc~ way
Meeting: COUNCIL
Date: February 8, 2010 Resolution #: By-law #:
Report #: PSD-021-10 File #: PLN 33.3.10
Subject: DURHAMIYORK RESIDUAL WASTE ENVIRONMENTAL ASSESSMENT
RE-ENGAGEMENT OF PEER REVIEW CONSULTANTS -AIR QUALITY
IMPACTS
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-021-10 be received;
2. THAT the Peer Review consultants for the EFW (Air Quality Impacts) not be re-engaged
given that the modification of the Project Description in the EA from a 400,000 tonne per
year facility to a 140,000 tonne per year facility addresses the air quality comments
previously provided by the peer reviewers;
3. THAT a copy of Report PSD-021-10 and Council's decision be forwarded to the Region
of Durham, the Region of York, and Ministry of Environment; and
4. THAT all interested parties listed in Report PSD-021-10 and any delegations be advised
of Council's decision.
Submitted by: U Reviewed by: ~ ~ ~ ~:`.~~--~ -- ~~
y ang ai CSLA, MCIP Franklin Wu,
cf g Director f Planning Services Chief Administrative Officer
FL/sn/df
REPORT
PLANNING SERVICES
Staff Report # 1
2 February 2010
OF THE
OF
40
REPORT NO.: PSD-021-10
PAGE 2
1.0 BACKGROUND AND PURPOSE OF REPORT
1.1 The Environmental Assessment (EA) for York/Durham Residual Waste,
undertaken jointly by the Regions of York and Durham, began in March 2005 with
consultation on the Terms of Reference for the EA Study. The York/Durham
Residual Waste EA was submitted to the Ministry of Environment (MOE) on July
31, 2009, triggering the start of the formal MOE review process. The review
process is on-going; however, MOE will soon be releasing their comments on the
EA for public review and comment.
1.2 Council, at their meeting of January 25, 2010; passed the following resolution:
"WHEREAS the health and welfare of our residents is of primary concern to
the Municipality of Clarington; and
WHEREAS questions and concerns have arisen through the EA process with
respect to the current state of the focal airshed and the potential negative
impact the proposed incinerator may have on local airshed quality;
THEREFORE BE IT RESOLVED THAT staff investigate and report by the next
Council meeting on the potential costs of peer review of air quality issues
arising from the EFW EA, and that should remaining funding for peer review
studies from Durham Region be available, that the Purchasing by-law be
suspended and that staff retain a peer review team to comment on air quality
issues relating to the EA and the proposed incinerator."
1.3 The purpose of this report is to discuss the possible re-engagement of the
Municipality's peer review consultants in order to review the air quality issues
arising from MOE's review of the EA for the proposed Durham/York Energy-From-
Waste (EFW} facility.
2.0 YORKIDURHAM RESIDUAL WASTE EA PROCESS
2.1 Environmental Assessment Process
2.1.1 The Regions of Durham and York have jointly conducted an EA to determine how
to manage the residual solid waste remaining after blue box and green box
diversion efforts. Key dates in the EA study process are as follows:
March 2006: Ministry of Environment approval of EA Study Terms of
Reference
June 2006: Selection of preferred approach to managing residual waste
(Alternatives To)
REPORT NO.: PSD-021-10 PAGE 3
July 2007: Issuance of Request for Qualifications (RFO) to potential
technology vendors
October 2007: Recommendation on preferred site (Alternative Methods}
December 2007: Durham and York Region Council's approval of preferred
site
January 2008: Approval of Qualified Bidders
April 2009: Identification of Preferred Vendor
January-May 2009: Completion of all site specific studies
May 2009: Clarington Council endorses Host Community Agreement
(HCA)
June 2009: York and Durham Region Councils approve HCA, and EA for
submission to MOE
July 2009: Submission of EA to Ministry of Environment (MOE)
2.1.2 Subsequent to the submission of the final EA to the MOE in July, there are five
phases to the EA review, as follows:
Phase 1: Inspection of the EA (7 weeks)
Phase 2: Preparation of Ministry Review (5 weeks)
Phase 3: Issue of Notice of Completion.
Phase 4: Inspection of Ministry Review (5 weeks)
Phase 5: Final Ministry Evaluation Period (13 weeks)
2.1.3 The Ministry is about to complete Phase 2. The Region of Durham's Report 2010-
WR-1 to the Works Committee discusses these five phases in greater detail.
2.2 Municipality of Clarington Comments on the Environmental Assessment
2.2.1 Clarington Staff have been involved in the EA process for Residual Waste since its
inception in 2005, when the initial terms of reference were being drafted and the
conceptual description of the undertaking was being formulated. The Municipality
has had numerous opportunities throughout the EA process to submit comments,
through both staff reports to Committee and Council and staff-level meetings.
REPORT NO.: PSD-021-10 PAGE 4
These include:
PSD-018-06 Feb, 13, 2006: Comments on the Terms of Reference
PSD-070-07 May 22, 2007: Municipal Peer Review and Other Studies
PSD-097-07 September 4, 2007: Update on Municipal Peer Review
PSD-141-07 December 3, 2007: Municipal Comments on Step 7 -Evaluation of
Short-List of Sites and Identification of
Preferred Site
PSD-141-07 Addendum: December 10, 2007
FND-002-08 January 21, 2008: Peer Review & Economic Studies Costs to
Date
FND-022-08 Addendum: February 25, 2008
CAO-002-09 May 11, 2009: Status of EFW Host Community Agreement
Negotiation
CAO-002-09 Addendum: May 11, 2009
PSD-071-09 July 6, 2009: Municipality of Clarington Peer Review
Comments on Pre-Submission EA
2.2.2 The Municipality of Clarington's comments during the EA process are part of the
public comment documentation. Comments made in PSD-071-09, including the
appendices, have been addressed by the Project Team and are posted to the
project website.
2.3 Proiect Description
2.3.1 For the EA, the purpose of the undertaking (the Project Description), was set out in
the approved Terms of Reference, as follows:
To process -physically, biologically and/or thermally -the waste that remains
after the application of both Regions' at-source waste programs in order to
recover resources -both material and energy -and to minimize the amount
of material requiring landfill disposal. In proceeding with this undertaking, only
those approaches that will meet or exceed all regulatory requirements will be
considered.
The waste proposed to be managed will be primarily Municipal. Solid Waste
(MSW) from residential sources generated within Durham and York Regions
remaining after at-source diversion, a portion of post-diversion Industrial,
Commercial and Institutional (IC&I) waste traditionally managed by the
Regions at their waste disposal facilities; and Municipal post-diversion
REPORT NO.: PSD-021-10 PAGE 5
Yesidual-waste from neighbouring non-Greater Toronto area (GTA)
municipalities that may provide disposal capacity for processing residues.
2.3.2 Over time, the Project Description has been refined and altered based on the EA
Study findings and public/stakeholder input. In the July 2009 EA submission, the
Project Description was as follows:
"The Undertaking, as defined by this Environmental Assessment, is a
Thermal Treatment Facility, capable of processing post-diversion
residual waste and recovering materials and energy of sufficient quality
and quantity to export to the marketplace (recovered metals, electricity
and eventually the possibility of district heating and cooling) with a
projected maximum design capacity of 400,000 tpy. The Facility will be
designed, built and operated on the Clarington 01 site, located in the
Municipality of Clarington, Regional Municipality of Durham."
2.3.3 In November 2009, the Project Description in the EA was amended as follows
(underlined):
"The Undertaking, as defined by this Environmental Assessment, is a
Thermal Treatment Facility, capable of processing post-diversion
residual waste and recovering materials and energy of sufficient quality
and quantity to export to the marketplace (recovered metals, electricity
and eventually the possibility of district heating and cooling) with an
2.3.4 The EA Project Team has indicated that the description of the undertaking was
modified in consultation with the MOE to ensure that it was consistent with
regulatory requirements. One consequence of this revision is that assumptions
concerning future baselines will be validated at the time of expansion through
the EA screening process. This will provide the Regions, Clarington and its
citizens an opportunity to validate the project's environmental impacts. In
addition, expansion will have to meet the regulatory limits in effect at that time.
3.0 RE-ENGAGEMENT OF THE PEER REVIEW CONSULTANT
3.1 The Municipality previously retained the consulting firm SENES to undertake a
peer review of the technical studies that related specifically .to the air quality
impacts of the proposed EFW facility, including how the air quality impacts affect
would be subject to environmental screening reouirements under
Ontario Re4ulation 101/07, as amended. (or the applicable piece of
legislation at the time of expansion). The Facility will be designed, built
and operated on the Clarington 01 Site, located in the Municipality of
Clarington, Regional Municipality of Durham."
REPORT NO.: PSD-021-10 PAGE 6
the Site Specific Human Health and Ecological Risk Assessment. In accordance
with Council's resolution (see Section 1.2), Staff requested SENES to submit a
proposal to review the amended EA documentation as it relates to air quality
impacts.
3.2 To prepare their proposal, the representatives from SENES reviewed the
information that has been posted to the Project website, contacted the professional
experts on the EA Project Team, and verified that the risk assessment and air
quality assessment have received sign-off from the MOE technical reviewers as
being complete. SENES has confirmed that the amendments made to the Air
Quality and Site Specific Human Health and Ecological Risk Assessments do not
affect the conclusion. The amendments and addendums are posted to the project
website.
3.3 SENES has advised that "[they] feel that the modified undertaking confirms the
Regions' intentions to construct an EFW facility that is right-sized to the need
[shown] into the next decade at 140,000 tonnes per year and recognizes the
requirements for future expansion up to a total of 400,000 tonnes per year." In
addition, the revised project description allows for confirmation at the time of
expansion of the environmental impacts of the project because of the requirements
under the EA Act, through the screening process.
SENES further indicated that, in light of the modification to the project description,
they do not feel a further peer review is necessary. The peer reviewers are
available at their daily charge out rate, ($1300/day/professional) to meet with
Clarington Staff and/or the Project Team if requested to do so.
3.4 On April 18, 2007, Council for the Regional Municipality of Durham adopted the
following:
"That each respective Region shall provide adequate funding to any of the
potential host communities located within their respective Region. And
further, that such adequate funding shall include the costs of all necessary
studies and legal advice incurred by the potential host community to
investigate and complete its due diligence in arriving at its decision
whether or not it will become a host community for the EFW facility. And
further, the total of such costs shall be deducted from the combined
royalty fee, if any and not otherwise."
Through subsequent resolutions and discussions, $500,000 was set aside by the
Region of Durham for the retention of economic consultants, legal counsel, and
peer review consultants for the host community. To date, Clarington has spent
$476,573 of this amount.
REPORT NO.: PSD-021-10
PAGE 7
4.0 CONCLUSIONS
4.1 The change in the EA Project Description of the proposed EFW facility from a
400,000 tpy (tonnes per year) facility to a 140,000 tpy facility addresses the major
concerns expressed by the Municipality's Peer Review team. More spec~cally, it
has been confirmed by Clarington's consultant SENES that the air quality impacts,
including how they relate to the site specific human health and ecologica- risk
assessment, have been addressed. As a result, re-engaging the consultant to
carry out further review is not recommended.
4,2 The Project Team has made numerous changes to the EA to provide clarification,
elaboration and explanation as requested by MOE to address the regulatory
agency and public comments. These changes detail and rationalize the
conclusion previously reached by the EA.
Staff Contact: Faye Langmaid
List of interested parties to be notified of Councils decision
Erin Mahoney, Reg. of York
Cliff Curtis, Durham Works
Jim McKay, Stantec
Gavin Battarino, MOE
Joachim Baur
Alexandra Bennett
Barry Bracken
Kath Bracken
Wendy Bracken
Karen Buck
Terry Caswell
Katie Clark
Shirley Crago
Kevin Diamond
Wayne Ellis
Linda Gasser
James Gibson
Glenda Gies
Tenzin Gyaltsan
Ron Hosein
Dr. Debra Jefferson
Laurie Lafrance
Lee McCue
Warren McCarthy
Cathrine McKeever
Kerry Meydam
John Mutton
Karen Nichol
Dave Renaud
Jim Richards
Andrew Robson
Yvonne Spencer
Nicole Young
Lucy Wunderlich
Ontario Power Generation
Anthony Topley
Paul Andre Larose
Don Wilkinson
Noah Hannah
Katherine Miles
Donna Mcaleer-Smith
Kristin Robinson
Steve Tharme
David. Climenhage
Steve Conway
Chester Miles
Bernadine Power
Hilary Balmer
Willis & Marilyn Barrabal
Stewart and July Dayes
Maureen Dingman
Carl Zmozynski
Gaston Morin
Ann and Mike Buckley
Fraser and Cathy Grant
Jean and Wallace Mcknight
Stephanie Adams
Julie Allen-Freeman
John and Dale Cerniuk
Garland and Anne Foote ,
Slyvain Gagnon
Melissa Girard
Beth Hewis
Manuel Jimenez
Debbie Kuehn
John MacDonald
Ralph Machon
Mary Anne and Gerry Martin
Kristin McKinnon-Rutherford
Lorna McSwan
Bretn Mersey
Donna Packman
Devon Richard
Brian and Sharon Thompson
Bill and Lorna Turner
Doug Woods
Don Wright
Lakeridge Health
Lorraine Huinink
John Oates
Rev. Christopher Greaves
Leslie Heinrichs
Diana Kanarellis
Elaine and Vincent Ho
Ron Campbell
Stephanie Adams
Betty Robinson
r,~nnoT win . oCr1J191_40
PAGE 8
Nicola Keeme
Mable M. Low
Rebecca Harrison
Charlie and Irene Briden
Nadia McLean-Gagnon
Dorothy Barnett
Marc Tepfenhart
Rosemary Davies
Wendy Bracken
Libby Racansky
Beav201
Louis Bertrand
Sandra Viau
Tim Finnis
Hugh Allison
Marke Nelson
Jeremy Woodcock
Kevin LeGrand
Doug Anderson
Elaine Gillies
Clarington
Leading the Way
Staff Report # 2
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: February 8, 2010 Resolution #: By-law #:
Report #: PSD-022-10 File #: ZBA2010-0002
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: HALMINEN BUILDING CORPORATION - 40M-2278
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-022-10 be received;
THAT the request for Removal of Part Lot Control with respect to Lots 2, 3, 4, 5, 6, 7, 8,
9, 12,14 and 15 of 40M-2278 be approved and that the Part Lot Control By-law
contained in Attachment 2 of Report PSD-022-10 be passed at such time the taxes for.
these lands have been paid pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in Report PSD-022-10 and any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: ~ ~ Reviewed b : ~ `~^"`--~ ---> - "~-
y Langm ' , FCSLA, MCIP ranklin Wu
c ing Director, Planning Services Chief Administrative Officer
CP/df
3 February 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-022-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Halminen Building Corporation
1.2 Location: 317 to 361 West Scugog Lane and 6, 10 and 22 - 34 Kaukonen
Court, Part Lot 13, Concession 2, former Town of Bowmanville
(Attachment 1)
2.0 BACKGROUND
2.1 On February 3, 2010, Staff received an application for the Removal of Part Lot Control
with respect to lots 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278 (Attachment 1).
40M-2278 was originally registered on October 25, 2005. It allowed for the development
of 3 single detached dwelling lots and 22 semi-detached/linked lots (44 units). An
application for Removal of Part Lot Control was originally considered and approved in
December 2005. By-law 2005-232 was approved with an expiry period of three (3)
years and actually expired in December of 2008.
2.2 Halminen Building Corporation has a closing scheduled for one of the semi-
detached/link units within 40M-2278 on February 25, 2010. In order to facilitate said
closing a new by-law allowing for exemption from Part Lot Control is required.
3.0 COMMENTS
3.1 Staff has no objection to the approval of a by-law exempting the subject lands from Part
Lot Control. Attached is a by-law (Attachment 2) to exempt the subject lands from
Section 50(5) of the Planning Act.
3.2 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forvvard to the Regional Planning Department the "Unit Type
and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control
By-law.
3.3 The Finance Department advises that the 2009 taxes have not been paid in full for the
subject lots. The applicant has advised that there was a shortfall in the taxes paid for
2009 of less than $100.00 for each lot, and the taxes will be paid in full prior to Council
Meeting.
3.4 Staff recommends that the by-law be in force for a three (3) year period following
Council approval, ending February 8, 2013.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council APPROVE this application and adopt the attached Part
Lot Control By-law for Lots 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278, at such time
the taxes for the subject lands have been paid.
REPORT NO.: PSD-022-10 PAGE 3
Staff Contact: Carlo Pellarin
Attachments:
Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table
List of interested parties to be advised of Council's decision:
Halminen Building Corporation (Clarington)
George L. Smith
Brian Bridgeman, Durham Region Planning Department
Property Location Map (Bowmanville)
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Attachment 2
To Report PSD-022-10
THE CORPORATION OF THE MUNICIPALTY OF CLARINGTON
BY-LAW NO.2010-
being a By-law to exempt a certain portion of Registered Plan 40M-2048 from
Part Lot Control
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278,
registered at the Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a)
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of three (3) years ending on February 8, 2013.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment3
To Report PSD-022-10
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2278 By-law:
SUMMARY OF BY-LAWS
FEBRUARY 8, 2010
BY-LAWS
2010-012. Being a by-law to amend Sign By-law 2009-123, as amended of
the Municipality of Clarington (Item 6 of Report #1)
2010-013 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington (Item 9 of
Report #1)
.2010-014 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
(Item 9 of Report #1)
2010-015 Being a by-law to amend By-law 2009-123 to regulate Election
Signs (Item 11 of Report #1)
2010-016 Being a By-law to exempt a certain portion of Registered
Plan 40M-2048 from Part Lot Control (Staff Report #2)
Clari~~ton M E M O
Leading tke Way
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: February 5, 2010
Subject: COUNCIL AGENDA -FEBRUARY 8, 2010
Please be advised of the following regarding Monday's meeting:
PRESENTATIONS
a) Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec
and Dr. Christopher Ollson, Stantec -Update on the Energy-From-Waste EA
DELEGATIONS
See final list of Delegations attached.
Please note that Councillor Foster will be introducing a motion to suspend the Rules of
Procedure to allow Rosemary Yeremian, Chair, Ontario Nuclear New Build Council to
address Council regarding the Canadian Nuclear Association Conference. As this matter is
not on the Agenda, a motion tc suspend the rules is required.
Patti L. Barrie, CMO
Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST OF DELEGATIONS
February 8, 2010
a) Louis Bertrand -Report PSD-021-10 - Durham/York Residual Waste
Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
b) Doug Anderson -Report PSD-021-10 - Durham/York Residual
Waste Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
c) Dale Hunt -Report PSD-015-10 - To Rezone Residential and Limited
Commercial Properties to Permit the Construction of a New Retail
Commercial Building (Item 2 of Report #1)
d) Beth Markle -Report PSD-015-10 - To Rezone Residential and
Limited Commercial Properties to Permit the Construction of a New
Retail Commercial Building (Item 2 of Report #1)
e) Wendy Bracken -Report PSD-021-10 -Durham/York Residual
Waste Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
f) Louis Bertrand -Presentation of Cliff Curtis, Commissioner of Works,
Region of Durham -Update on the Energy-From-Waste EA
g) Wendy Bracken -Presentation of Cliff Curtis, Commissioner of
Works, Region of Durham.- Update on the Energy-From-Waste EA
h) Linda Gasser -Presentation of Cliff Curtis, Commissioner of Works,
Region of Durham -Update on the Energy-From-Waste EA
i) Linda Gasser -Report PSD-021-10 - Durham/York Residual Waste
Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
j) Kristin Robinson -Report PSD-021-10 -Durham/York Residual
Waste Environmental Assessment Re-engagement of Peer Review
Consultants -Air Quality Impacts (Staff Report #1)
HANDOUTS/CiRCULATIONS
COUNCIL
~l(~
Leading the Way
MEMO
TO: Mayor and Members of Council
FROM: Patti L. Barrie
DATE: 3 February 2010
RE: Election Sign By-law
At the General Purpose and Administration meeting held on February 1St, Committee
considered the proposed Election Sign By-law (Addendum Report CLD-022-09). At that
time there were certain ambiguities identified and questions raised by Committee.
In order to address those concerns staff have reviewed the proposed by-law and made
adjustments to clarify the matters, specifically
1. The prohibition of vehicle election signs was intended to be in effect only on
Voting Day and only at the Voting Places. That has been explained and
reworded.
2. The prohibition on signs on municipal property is clarified to identify only a
prohibition on the lands which form part of the various facilities such as the- MAC,
the Rickard Complex etc. Signs on Municipal property which form part of the road
allowance will be permitted consistent with the Region's By-law.
3. Some of the materials, such as size limitations have been included into Tables
1-4 of the Sign By-law. The permitted sizes and limitations are a direct reflection
of the Sign By-law's other requirements for similar signs or are drawn directly
from its predecessor, By-law 97-157.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-6506
4. Staff have discussed with. the Planning and Engineering Departments whether or
not a Sign Permit or Road Occupancy Permit would be required. The By-law
now contains a clear statement that neither one is needed for regular election
signs however a permit will be required should the candidate choose to place
Mobile Election Signs consistent with By-law 2009-124.
5. For further clarification, the proposed changes to the draft by-law considered
most recently, at last Monday's GP&A meeting, are highlighted the annotated
version of the new draft by-law and are attached to this memo.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO Li C 3A6 T (905)623-3379 F (905)623-6506
Municipal Clerk
THE CORPORATION OF THE MUNICIF~ALITY OF CLARINGTON
BY-LAW 2010-
Being a by-law to amend By-law 2009-123
To regulate Election Signs
WHEREAS Section 11(3) of-the Municipal Act, S.O. 2001, as amended, states
that the municipality may pass by-laws respecting structures, incuding fences
and signs;
AND WHEREAS it is necessary to have an Election Sign By-law for the
Municipality of Clarington to ensure public safety on our roads and highways
during an election period.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS.FOLLOWS:
1.0 Section 2.1 of ey-law 2009-123 is hereby amended by adding thereto the
following:
"Campaign Office" shall mean the administrative office or offices for a
Candidate in an Election or for a question or by-law submitted to the
electors.
"Candidate" shall have the same meaning as in the Canada Elections Act,
the Eleclion Act (Ontario) or the Municipal Elections Act, 1996, as
applicable, and shall tie deemed to include a person or agent for a
registered person seeking to influence another person to vote for or against
any question or by-law submitted to the electors.
"Election" shall include any federal, provincial or municipal election or by-
election and any question or by-law submitted to the electors.
"Highway" shall have the same meaning as the Highway Traffic Acf, RSO
1990 c.H.B, and includes the entire of the road allowance thereof.
"Mobile Election Sign" means any mobile sign as defined in this By-law
which is used to:
1. advertise or promote a Candidate in an Election;
2. advocate or discourage the public from voting for a Candidate or
political party in an Election or by-election;
3. promotes or relates to any Candidate in an Election, including an
election of a local board or commission;
4. is intended to influence persons to vote for or against any question
or by-law submitted to electors under section 8 of the Municipal
Elections Act. 1996;
but does not include a sign attached to a motorized vehicle where the
principle use of the vehicle is transportation of people, goods or other
materials.
"Municipal Clerk" shall mean the Municipal Clerk of the Corporation of the
Municipality of Clarington or the Deputy Clerk acting in place of the
Municipal Clerk in accordance with the Municipal Act.
"Municipal Law Enforcement Officer" shall mean a person appointed by
the Council of The Corporation of the Municipality of Clarington for the
purpose of enforcing Municipal by-laws and, for the purpose of this By-law,
shall include the Durham Regional Police.
New addition ~}±xP, ~, ~ ~ ~i~,~e~~It D m. {~ ~~ i ' ", ~'
.~~ .~. _.~ ~..m, ~~+ i•:
"Public Park" means land and land covered by water and all portions
thereof owned or made available by lease, agreement, or otherwise to the
Municipality, that is or hereafter may be established, dedicated, set apart or
made available for use as woodlot, ravine, recreation centre, square,
New addition garden, walkway, water or any other area in the Municipality, devoted to
active or passive recreation ~~~~ti,Et~e~~,~~-!j W'r~'8
- "Public Property" means property owned by or under the control of the
Municipality of Clarington or any of its agencies, boards or commissions,
and includes any lands belonging to or owned by ~'"" l~!~b~9'?~
Revised, ~Ti 1~ " r~~
consistent with ~~f~. ~ ~ ~ '~i1~i~~~~?'!ft~~~ ~,~.
current sy-iaw tg>"" " , ~'4 '"'' is This shall inGude public highways, and shall
be deemed to include utility poles located on public property including road
allowances, regardless of whether the poles are owned by or under the
control of the Municipality.
'Vehicle Election Sign" shall inGude any sign, poster, lettering, vehicle
wrap, bumper sticker or other device attached or affixed either temporarily
or permanently to a motor vehicle, trailer or any vehicle as defined in the
Highway Traffic Act, RSO 1990 c.H.B, whether actively being operated on
the highway or parked at any location.
"Voting Day" means the day on which the final vote is to be taken in an
Election pursuant to the relevant provincial or federal legislation and Polling
Day and Election Day shall have the same meaning.
"Voting Place" shall mean the location where election ballots are collected
and tabulated.
2.0 Section 2.1 of By-law 2009-123 is further amended by deleting fhe term
"Election Sign" and its definition in its entirety and replacing it with the
following:
"Election Sign" means any:
~3."i I I x kki~t h 'i~°
Repositioned in ~ ., .{{~~SF- fi ~,. ,~ _ ~~,1~i ~_'~~.~~: ,
the By-law
~1I~t~f
w. ~t#~
c'oB#._.~`4~ti4'4~~1''~~li'1 ~l!~~~49i,
3.0 Section 2.1 of By-law 2009-123 is further amended by deleting the term
"Road Allowance" and its definition in its entirety and replacing it with the
fallowing:
Y
Revised. ~t~.~!7,~~~;.~~~i~1~~.., ...;'t?~ ~s;...
consistent with .- ..
current By-law 2t5d?[~i~f!f+,~~~5"~t~~$E, a~1~~~1e_W~~(!~r
4.0
Reformatted into
Table, consistent
with curtent By-
law
Section 7.8 Table 1of By-law 2009-123 is amended by adding:
sets Ati~w~ eY P~6PEt~'r~1r usE
dig"4
5.0
Reformatted into
Table, consistent
with current By-
law
6.0
Reformatted into
Table, limits
consistent with r
current By-law
7.0
Reformatted into
Table, limits
consistent with
current By-law
Section 7.9 Table 2 of By-law 2009-123 is amended by adding:
Section 7.10 Table 3 of By-law 2009-123 is amended by adding;
Section 7.11 Table 4 of By-law 2009-123 is amended by adding:
4
'FM a~ tw i ~•t~~
8.0 Section 8.4 of By-law 2009-123 is hereby further amended by adding
thereto the following:
8.4.1.0 General
8.4.1.1 No person shall erect, attach, place or display or cause or permit to
be erected, attached, placed or displayed, an Election Sign except
as permitted by Schedule "3° of this ey-law.
8.4.1.2 This By-law shall not apply to signs erected, placed or displayed by
the Municipality of Clarington to provide information concerning the
Election or any part of the election process.
8.4.1.3 No person shall use, permit or cause to tie erected or installed, any
Election Sign, Mobile Electon Sign or Vehicle Election Sign which
has any of the following;
(a) flashing lights or rotating parts;
(b) illumination; or
(c) an appearance which simulates any traffic control device.
8.4.1.4 It shall be the responsibility of the Candidate or his or her agent to
ensure that ail Election Signs erected, placed, or displayed on his
or her behalf are maintained in good order and clean condition.
Failure to do so shall be an offence.
8.4.1.5 _, ~ ~ i~ irt?~rt'~*~~~1,n
.,
~ ~ ~ rt. ~~~~~'u~r ~ ...
New provision to ~~~~~~y~~~ „ll i.y ,9
simplify process ~,~4~~~~~`~
,. ..
8.4.1.6 Notwithstanding Section 8.4.1.5 above, a Mobile Election Sign may
only be located in accordance with the requirements of By-law
2009-124.
8.4.2.0 Timing
8.4.2.1 No person shall erect or display an Election Sign, Vehicle Election
Sign dr Mobile Election Sign for a Municipal Election any eadier
than forty-two days before the first Advanced Voting opportunity.
8.4.2.2 No person shall erect or display an Election Sign, Vehicle Election
Sign or Mobile Election Sign for a federal or provincial election until
the day that the writ of election is issued.
8.4.2.3 All Election Signs, Vehicle Electicn Sign and Mobile Election Signs.
shall be removed no later than forty-eight hours following the Voting
Day of the Election for which the signs were erected or installed.
For the purpose of this subsection, the Candidate shall be
responsible for the removal of his or her Signs within the prescribed
time frame. Failure to comply with this provision is an offence.
8.4.3.0 Election Sians on Camoaian Offices
8.4.3.1 Despite Sections 8.4.2.1 and 8.4.2.2, signs identifying the
Campaign Offices may be erected on the offices once the
Candidate has filed his or her nomination papers or registered as
an agent for a question to be placed before the electors.
8.4.3.2 Signs identifying the Candidate's Campaign Office may gnly specify -
the Candidate's name, the office they are seeking or the registered
position on a question or by-law, and any contact information as the
Candidate wishes to include. In the case of a federator provincial
Election the sign may include the Candidate's political affiliation.
8.4.3.3 Each Candidate shall ensure that any Campaign Office fully
complies with all the requirements of the Municipality of Clarington
Sign By-law 2009-123 or its successor.
8.4.4.0 Removal of Unlawful Election Sians
8.4.4.1 If a sign is erected or displayed in violation of this by-law, the staff
of the Operations Department shall, upon direction of the Municipal
Law Enforcement Officer, cause the sign to be removed.
8.4.4.2 Notwithstanding section 8.4.4.1 above, where an Election Sign is
found to be;
(a) in a location which, in the opinion of the Operations
Department, poses an imminent or severe hazard, it may be
removed immediately without prior notice; or,
fb`;''4 tp~~l'~~~#~,~~~t~l~~p~1~~~~~`carthe
New provision to 3tlj`~' ,'L~'~~b~lry ~~e"-F~Jj~;~~~' 9S ~ sk~f~
simplify process _
~(hd~d~~?It'~~14~ir~~tSpy¢ tta'~
8.4.4.3 All signs which have been removed pursuant to sections 8.4.4.1, or
8.4.4.2 shall be taken to a secure facility where-the candidate or his
or her agent may retrieve them. The signs shall be held for 30 days
after which time they may be destroyed.
8.4.4.4 All costs incurred by the Municipality in removing any contravening
Election Sign shall be billed to the Candidate or his dr her agent in
accordance with the Municipality of Clarington's Operations
Department's current fees for the removal of any other sign.
8.4.5.0 Liability for Damages
8.4.5.1 The provisions of this by-law shall not be consVUed as relieving or
limiting the responsibility or liability of any person erecting or
owning any election sign for personal injury or property damage
resulting from the placing of such signs or resulting from the
negligence or willful acts of such person, or his or her agents or
employees, in the construction, erection, maintenance, repair or
removal of such signs.
8.4.6.0 This By-law to Prevail
8.4.6.1 ~ ~ K~~~~~ma~~i`Ix'~~im~~ t~;~sW,n°v'#t
Modified to allow ~fi~~~~r~~~~~1 ~, t~t~,t{~pj'#t~'{ tF~g~(~igf
applica~on d ~, ~ ~"a,..f.~.~_ ~.~. ~Ii~ff;f~l~~~'!~#~,.njtt
READ a first and second time this th day of February 2010
READ a third time and passed this th day of February 2010
Mayor
Municipal Clerk
Schedule"3"
To By-law 2009-123
1. No person shall place an Election Sign, Vehicle Election Sign or Mobile
Election Sign in any of the following locations:
a. within a Visibility Triangle;
b. on any official sign or official sign structure, utility box, planter,
bench, waste receptacle, newspaper box, or mail box or similar
Revised wording object or structure which has been ~_ "",~ placed on any Road
Allowance;
c. On any traffic median;
d. In such a manner as to obstruct any sidewalk or walkway;
New, consistent e. In~any public pairk including the adtacent roada~allowance;
with preceding. ~..~i.i14'$T ~iN.Ef?~ .., .,,~, t `;~cF , ~yy~ ',..
Sign By-law ~ w~+
g. On any tree located on public property;
h. On any traffic island;
i. On any post, pole or support already containing an official or
authorized sign erected by the Municipality of Clarington, the
Region of Durham, a conservation authority or the Province of
Ontario; or,
Revised far Gadty
~~ „ , ~
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. {~ ~ u. ~.,., f,_.' -, 11 r.'..,i. ; ~ ,~,~~?~ _ " ,k
3. Where there is a curb, a sign placed on the road allowance must be a
minimum of 1 metre back from the curb.
4. Where there is no curb, a sign placed on the road allowance shall be a
minimum of 3 meVes back from the edge of the travelled portion of the
roadway.
;$''No person shall, at any time on any Voting Day, including those days
Revised for clarity when advance election voting is held, c'~5p+ an Election Sign, Vehicle
Election Sign or Mobile Election Sign, or cause the same to be placed on
New, consistent any premises used as a Voting Place for elections or ~4tr=-~#enw~
wtth preceding
Sign By-law fd~ "a,~ ~Si~-.
6. Any vehicle found in contravention of the provisions of this By-law may be
removed at the direction of the Municipal Law Enforcement Officer, at the
owner's expense.
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