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06/28/2010
Energizing Ontario DATE: MONDAY, JUNE 28, 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 June 14, 2010 PRESENTATIONS a) 9th Annual Awards for Academic Excellence b) Glenna Raymond, President and CEO, Ontario Shores Centre for Mental Health Sciences -Update from Ontario Shores Centre for Mental Health Sciences c) Amy Burke, Chair, Clarington Living Green Community Advisory Committee - Final Green Community Strategy DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Heritage Committee dated March 2, April 20 and May 18, 2010 I - 2 Minutes of the Ganaraska Region Conservation Authority dated May 20, 2010 I - 3 Mark Hendrikx -Question on the Ballot I - 4 Colette Caruso, Ontario Good Roads Association -Extension of Highway 407 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMRERANCE STREET, BOWMANVILLE, ONTARIO L'EC 3AE T 905-623-3379 Council Agenda - 2 - June 28, 2010 I - 5 Federation of Canadian Municipalities (FCM) - FCM's Report "Wake-Up Call: The National Vision and Voice We Need for Rural Canada" I - 6 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham - Profile of Agricultural Attributes in the GTA I - 7 Ben Earle, Chair, Durham Food Policy Council -Proposed Regional Official Plan Amendment (ROPA) 128 I - 8 John R. O'Toole, MPP, Durham -Extension of Highway 407 I - 9 Gail Rickard, Chairperson, Clarington Public Library Board - "Ride to Read Program" Receive for Direction D - 1 Heila Pitter, Outreach Services Manager, Bethesda House - 6th Annual "Clarington Take Back the Night Walk" D - 2 Keri Semenko, Coordinator, Durham Region Diabetes Network, (DRDN) - Request for Proclamation of "World Diabetes Day" D - 3 George F. Vella, Vella & Pratt, Barristers and Solicitors - 120 Port Darlington Road D - 4 M. A. Mullin, L. Bowen and J. Armstrong -Preservation of Camp 30 D - 5 Marianne Schlottke -Doors Open Clarington -Camp 30 D - 6 Wayne Preston -Veterans Avenue D - 7 Myno Van Dyke, Vice Chair, Newcastle Village Community Improvement Plan - Clarington Gateway Signs D - 8 John R. O'Toole, MPP, Durham -Installation of Traffic Signals at Highway 57 and Aspen Springs Drive D - 9 Jennifer Cowie Bonne, Chair, Play Works, The Ontario Partnership for Active Youth - 2010 Youth Friendly Community Recognition Program D - 10 Marie Meeks - Bowmanville Cemetery D - 11 M. Domovich, The Domus Group - 2020 Lambs Road D - 12 Jim Freeman, President, Durham Region Labour Council -Expansion of the Canada Pension Plan D - 13 Mayor Ric McGee, City of Kawartha Lakes -Appeal of Ministry of the Environment Order Regarding Furnace Oil Leak Council Agenda - 3 - June 28, 2010 D - 14 J. W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA) - MMS Litigation Fund D - 15 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington -Buffers for the Long Term Viability of Agriculture D - 16 Mrs. J. M. Spiers -Wind Turbines COMMITTEE REPORT(S) General Purpose and Administration Committee Report of June 21, 2010 STAFF REPORT(S) Report CLD-020-10 -Appointment of Parking Enforcement Officer 2. Report PSD-081-10 - Letter to Premier Regarding Highway 407 BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Woo, seconded by Councillor Foster THAT Resolution #C-245-10 passed on May 31, 2010, as it relates to referring Correspondence Item D - 2 to the Director of Corporate Services and Human Resources for response in accordance with Council Resolution #C-375-08 be reconsidered. UNFINISHED BUSINESS Report PSD-078-10 -Green Energy Act (Tabled to Council by the General Purpose and Administration Committee on June 21, 2010) 2. Addendum to Report PSD-079-10 -Proposed Amendments to the Clarington Official Plan for the Clarington Technology Business Park Secondary Plan (Tabled to Council by the General Purpose and Administration Committee on June 21, 1010) BY-LAW S NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT r~t 1~1J.11.1. 11 r.EQa~ns.theway COUncil Meeting Minutes JUNE 14, 2010 Minutes of a regular meeting of Council held on June 14, 2010 at 7:00 p.m., in the Council Chambers. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Acting Chief Administrative Officer/Director of Corporate Services Present: and Human Resources, M. Marano Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:46 p.m. Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. Resolution #C-243-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on May 31, 2010, be approved. "CARRIED" Council Meeting Minutes - 2 - June 14, 2010 ANNOUNCEMENTS Mayor Abernethy announced the following: • He has spoken to Bill Bickell, father of Bryan Bickell, member of the Stanley Cup-winning Chicago Blackhawks and he is most certain that Bryan will be bringing the Stanley Cup to his hometown of Orono this summer, and that perhaps a parade can be arranged. • On June 10, 2010, a community meeting was held at the Orono Arena regarding wind turbines. The meeting was organized by Heather Rutherford and information was presented by residents who live in communities with wind turbines. • On June 9, 2010, the Clarington Board of Trade and Office of Economic Development hosted their 2nd Annual Energy Summit focused on Darlington refurbishment and what it means for Clarington and the business community. Representatives of the Nuclear community including CANDU Industries, Ontario Power Generation and the Canadian Nuclear Association were in attendance. • On June 7, 2010, he attended a roundtable discussion with the Honourable Brad Duguid, Minister of Energy and Infrastructure, senior staff from the Ontario Power Generation, UOIT, Durham College, the Bowmanville Hospital Foundation and the farming community, with discussions focussing on the Highway 407 extension, Nuclear New Build and other infrastructure projects. • On June 7, 2010, he attended the Regional Chair's Classic Golf Tournament which raised $341,000.for Post-Secondary Student Bursaries and in support of the new Abilities Centre. • On June 15, 2010, Cobbledick Road will be closed for CN to repair the level railway crossing. Councillor Novak announced the following: • There will be a Public meeting regarding Robinson Creek and Tooley Creek Watershed Plans on Thursday at 7:00 p.m. • She, along with Councillor Foster, toured the new simulator at Darlington Nuclear Generating Station. • She attended the opening of "Play and Trade", with Gary Leeman in attendance signing autographs. • She attended the Grand Opening of Wal-Mart on Friday, June 11, 2010. Councillor Hooper announced the following: He expressed appreciation to Lou DeVuono, Organizer of the Heroes Highway Ride, held on June 5, 2009. The third annual Rockin' Rotary Ribfest, held June 11, 12, and 13, 2010, was a huge success. Council Meeting Minutes - 3 - June 14, 2010 • An ecumenical church service was held in Rotary Park on Sunday, with approximately 1,000 in attendance. • He, along with Councillor Foster and Councillor Woo, attended the Ontario Power Generation's Environmental Convergence. Representatives from the Central Lake Ontario Conservation Authority were in attendance demonstrating environmental weed control. • The Fabulous Fifties Festival, sponsored by the Historic Downtown Bowmanville Business Improvement Area takes place June 17, 18 and 19, 2010, featuring a Classic Car Show and the Annual Sidewalk Sale. Councillor Foster announced the following: • Approximately 5,500 to 8,500 were in attendance Friday night at the Rotary Ribfest. • Good Shepherd Catholic Elementary School held a barbeque to celebrate its Tenth Anniversary on June 10, 2010. Councillor Trim announced the following: Village Concerts in Newcastle will be held every Tuesday until August 24th at the parkette. The Community Hall will be open in case of rain. He believes the meeting regarding wind turbines held last Thursday will be one of many meetings on the issue and suggested that Council wait until they receive the staff report before discussing wind turbines in detail. Councillor Robinson announced the following: • The Newcastle BIA will be hosting apre-July 1St Celebration -Canada Then and Now on June 26, 2010, featuring a pancake breakfast at 8:00 a.m. at St. Francis of Assisi Church Hall and a fireworks display at the Newcastle Recreation Complex. • Canada Day Celebrations in Orono will be held on June 30th at the Library. Councillor Woo announced the following: The 2~d Annual Energy Summit hosted by the Clarington Board of Trade provided an opportunity for industry leaders to provide information on nuclear refurbishment and the financial and employment benefits to the municipality. On Saturday, June 19th two fundraising events will be held - "Walk a Mile in Her Shoes" at 11:00 a.m. and the Annual Duck Derby. Council Meeting Minutes - 4 - June 14, 2010 PRESENTATIONS Dana Baars, Lieutenant-Commander, CFRB Hamilton, Canadian Navy, addressed Council on behalf of Vice Admiral Dean McFadden and Commodore Jennifer Bennett to present his hometown of Clarington with a framed print of the HMCS Bowmanville, in celebration of the Canadian Navy's 100th Anniversary. Lieutenant-Commander Baars provided a history of the ship and its significance to the war effort, including the Battle of the Atlantic, the direct connection to Camp 30 and the role the Navy played in recapturing Otto Kretschmer. He noted Bowmanville has a very active Sea Cadet Corps which keeps naval traditions alive. Lieutenant-Commander Baars indicated that the need for the Canadian Navy is greater today and the fleet serves a number of roles from major international operations, sovereignty operations and patrols to support of multinational deployments, noting that the Canadian Navy was first on scene following Hurricane Katrina and the earthquake in Haiti. He stated the Navy is undergoing recapitalization and revitalization and is preparing for more deployments to the Arctic. He also indicated a strong presence is required to ensure environmental regulations are adhered to. Lieutenant-Commander Baars stated the Centennial offers a unique opportunity to reach out to the community and the theme is to bring the Navy to Canadians. Lieutenant-Commander Baars noted that the Clarington Museum will be hosting aNavy-themed Canada Day Celebration and that the HMCS Fredericton will be coming to the Oshawa Harbour this year. Lieutenant-Commander Baars stated that he has enjoyed a 24-year career with the Navy and it was his honour and pleasure to present the print to-the Municipality of Clarington. Lou DeVuono, Organizer, Heroes Highway Ride, addressed Council expressing appreciation for the community's support in bringing the Heroes Highway Ride to Bowmanville. Mr. DeVuono stated the event has succeeded in some small measure to recognize all who serve in the Canadian Forces -the men and women in the military and their families - "the silent soldiers" and to confirm that soldiers should not have to die in action to be recognized. Mr. DeVuono stated he hopes to expand the event next year to be held on June 4, 2011, and he has heard from other organizations in Saskatchewan and Alberta who are interested in the event. Mr. DeVuono confirmed that the event has raised approximately $20,000 but that the charity aspect was secondary to paying tribute to the military, and noted donations are being accepted at www.woundedsoldiers.ca. Mr. DeVuono presented Mayor Abernethy with a flag to commemorate the Heroes Highway Ride. Mayor Abernethy presented Gord. Lee with the 2010 "Senior of the Year" Award and acknowledged Mr. Lee's many years of voluntary service to the community. Mayor Abernethy indicated Mr. Lee is an active community supporter and volunteer; serving on the Newcastle Memorial Arena Management Board since 1998 and as Chair for the past 10 years, he is a Durham Regional Police Services Volunteer, he Chairs the Clarington Road Watch Program and the Clarington Traffic Advisory Committee, he serves on the Village of Newcastle Community Improvement Committee, he has provided management services to the Clarington Farmers' Market since its inception in 2005, and is a member in good standing of the Newcastle & District Chamber of Commerce and the Newcastle, Bond Head Rate Payers Association. Council Meeting Minutes - 5 - June 14, 2010 Mayor Abernethy noted that Mr. Lee is a writing hobbyist and has recently begun writing for publication. His recent story of his recovery from heart surgery; titled: "Searching for Sodium" is being considered for publication by Lakeridge Health, for distribution to all patients that enter the Cardio-Rehab Program. Both Mr. Lee and his wife are active volunteers for the Heart & Stroke Foundation, Durham Region and run an adult skate program every Tuesday, afternoon, all winter at the Newcastle Arena. Mayor Abernethy extended congratulations to Mr. Lee and presented him with the 2010 "Senior of the Year" Award. Mr. Lee expressed appreciation to Council for the honour, indicating he was accepting it on behalf of the many community volunteers. He thanked his wife Shirley and his family for supporting his volunteer efforts and recognized the efforts of the many other people who serve with him on various Boards and Committees. Mr. Lee indicated that his family have been residents of Clarington and Durham Region fortwenty-three years and that he is humbled and very appreciative of receiving the Award. DELEGATIONS There were no delegations considered under this section of the Agenda. COMMUNICATIONS Resolution #C-244-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved. "CARRIED" I - 1 Minutes of the Living Green Community Advisory Committee dated April 27, 2010 I - 2 Minutes of the Clarington Accessibility Advisory Committee dated June 2, 2010 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 13, 2010 I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated May 20, 2010 Council Meeting Minutes - 6 - June 14, 2010 I - 5 John R. O'Toole, MPP, Durham, enclosing a copy of his correspondence to the Honourable Dwight Duncan, Minister of Finance, supporting Council's endorsement of the City of Oshawa's resolution regarding the impacts on property values from green initiatives undertaken by homeowners; requesting that the Province establish a program that ensures homeowners who are being environmentally mindful are not penalized by higher assessments leading to higher taxes; and, advising that he has requested -the Province to follow up by establishing appropriate policies through the Municipal Property Assessment Corporation (MPAC). I - 6 Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation (MPAC) advising that atwo-year settlement reached with OPSEU, representing approximately 1,400 MPAC employees across Ontario has been officially ratified by bargaining unit employees and MPAC's Board of Directors. I - 7 George Rankin, Environmental Office Administrator, Buckham Transport Ltd., highlighting the details of the household hazardous waste (HHW) events in Durham Region for 2010; and, indicating that a HHW event in Clarington will take place on October 2, 2010 at the Clarington Operations Depot, 178 Darlington/Clark Line, Regional Road 42, Orono, between 8:00 a.m. and 12:00 p.m. I - 8 Land Use Council (LUC), forwarding a bulletin concerning the Committee on Status of Species at Risk in Ontario (COSSARO), indicating that the LUC supports wildlife protection in principle; however, opposes the process by .which Ontario's Species at Risk Act (SARA) was drafted, legislated, implemented and piggy-backed onto a number of landuse statutes; and, expressing concern that the Province has empowered a select Committee to decide in secret when and where pre-selected wildlife species and their habitat(s) are to be protected, ultimately impacting use, mortgage worth, market value and municipal tax potential of privately-owned lands and demeaning claimed government respect for regulatory transparency and accountability. I - 9 Jim Hunt, Chair, Source Protection Committee and Glenda J. Rodgers, Project Manager, Source Protection Planning, Trent Conservation Coalition Source Protection Region, forwarding a copy of the Public Notice, required under the Clean Water Act. 2006, the Draft Proposed Assessment Reports for the Trent Source Protection Areas and the Ganaraska Region Source Protection Area, a brochure and fact sheet, DVDs of the Assessment Reports, and comment forms; indicating that the Assessment Reports include information on vulnerable areas and potential threats to related municipal drinking water systems and background information about the local watershed; and, advising that written comments will be accepted until July 9, 2010. Municipalities are urged to review the entire Council Meeting Minutes - 7 - June 14, 2010 Reports noting Chapter 4 (for surface water systems) and Chapter 5 (for groundwater systems) are the key chapters. Six public meetings have been scheduled between June 23 and July 6, 2010, in the communities of Baltimore, Norland, Havelock, Peterborough, Blackstock and Stirling. Additional information is available at www.trentsourceprotection.on.ca I - 10 Melissa Thomson, Director, Housing Policy Branch, Ministry of Municipal Affairs and Housing, indicating that under the Residential Tenancies Act (RTA) rents are to be decreased automatically when property taxes decrease and that municipalities are required to calculate these decreases and send notices to landlords between June 1 and September 15 and to tenants between October 1 and December 15 of buildings with seven or more units, advising them of the reductions and when they will take effect; and, forwarding a document highlighting the provisions on automatic rent reductions due to property tax decreases and the formula for calculating the rent reduction. I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 2, 2010, Regional Council adopted the following resolution pertaining to 211 Service in Durham Region which is anticipated to roll out September 30, 2010: "a) THAT Report #2010-A-23 of the Chief Administrative Officer be received for information; and b) THAT a copy of the Report be forwarded to local municipal councils for their information." I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Doris Krahn, Forest Program Specialist, Ministry of Natural Resources, advising that on June 2, 2010, Regional Council adopted the following resolution pertaining to Regional Tree By-law -Extension of Administration and Enforcement Consulting Agreement with Kestrel Forestry Consulting: "a) THAT the Consulting Agreement with Kestrel Forestry Consulting to administer and enforce the Region's Tree By-law be extended for a one year period from July 1, 2010 to June 30, 2011, at an upset limit of $30,000 per year with financing to be provided from funds allocated within professional and consulting services under the Plan Implementation Program (Program 3) of the Planning Department's 2010 Budget; b) THAT a copy of Report #2010-P-34 of the Commissioner of Planning be forwarded to the Area Municipalities, the Conservation Authorities having jurisdiction in the Region, the Durham Environmental Advisory Committee, the Durham Agricultural Advisory Committee, and the Ministry of Natural Resources, for their information; and Council Meeting Minutes - 8 - June 14, 2010 c) THAT the Commissioner of Finance be authorized to execute the contract extension. I - 13 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment, indicating that the submission period provided for in the Notice of Completion of the Ministry of the Environment Review for the 407 East Environmental Assessment expired on January 29, 2010; advising that having considered the purpose of the Act, the environmental assessment of the undertaking, the terms of reference and the submissions received, the Minister decided that a hearing was not required; and forwarding a Notice of Approval to Proceed with the Undertaking in accordance with the requirements of the EA and the conditions outlined in the Notice of Approval. I - 14 Ministry of Consumer Services forwarding a News Release announcing the Alcohol and Gaming Commission of Ontario's (AGCO) special policy exemption on extended bar and restaurant hours for the World Cup. Licensed bars and restaurants will be permitted to open at 10:00 a.m. from June 11 to July 11, 2010, unless a municipality objects in writing to the AGCO. I - 15 Clifford Curtis, Commissioner of Works, Region of Durham, responding to Council's correspondence regarding the Class Environmental Assessment for the Courtice Trunk Sanitary Sewer, providing assurance that the evaluation of the Courtice Trunk Sanitary Sewer is following the Municipal Class Environmental Assessment (Class EA) process and that comments received from Clarington staff have been included in the evaluation of the final alignment alternatives; providing a chronology of events/meetings since April 2009; and, indicating that Regional staff will continue to involve Clarington staff in the Courtice Trunk Sanitary Sewer Class EA throughout the process. CORRESPONDENCE FOR. DIRECTION Resolution #C-245-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 5 be approved as per the agenda, with the exception of Correspondence Item D - 4. "CARRIED" Council Meeting Minutes - 9 - June 14, 2010 D - 1 Sheila Hall, President-Elect, Rotary Club of Courtice, requesting approval for their annual Canada Day Fireworks Celebration to be held at the Garnett B. Rickard Recreation Complex park on July 1, 2010, from 5 p.m. to approximately 10:30 p.m.; requesting that Stevens Road be closed between Highway #57 and Clarington Boulevard from 5:00 p.m. to 10:30 p.m.; advising the event will feature live entertainment, children's activities and outstanding fireworks as well as a military display, providing an opportunity for attendees to pay their respect to -those who are or who have represented Canada; and, indicating that required insurance will be in place for the event. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and a fireworks permit from the Municipal Law Enforcement Division) D - 2 Confidential Correspondence regarding a personnel matter. (Correspondence referred to the Director of Corporate Services and Human Resources for response in accordance with Council Resolution #C-375-08) D - 3 Randy Cowan, Director, Orono Fair Committee, Durham Central Fair, requesting that the Durham Central Fair to be held on September 9 to 12, 2010, be designated as a community event as required for various permits and policing issues. (Designation of the Durham Central Fair to be held September 9, 10, 11 and 12, 2010, as a community event approved) D - 5 Lisa Roy, Event Organizer, Orono Mini Walk of Hope, requesting permission to host a Mini Walk of Hope for Ovarian Cancer in Canada on September 12, 2010 in Orono; forwarding a map of the route beginning and ending at Orono Park; indicating that they are estimating 75 participants and 10 volunteers for the day and that they hope to host a small barbeque following the event; and, that appropriate insurance will be arranged following Council's approval. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 10 - June 14, 2010 D - 4 Nancy Campbell expressing concern with safety issues at the intersection of Bloor Street and Roswell Drive; indicating that a family member was recently struck by a car while crossing the intersection; and, questioning how many other incidents must occur before traffic lights or other safety measures are put in place. Resolution #C-246-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 4 from Nancy Campbell, with respect to safety issues at the Bloor/Roswell/Meadowglade intersection, be referred to the Director of Engineering Services. "CARRIED" D - 6 Gayla McDonald, Clerk/Manager of Administration and Economic Development, Town of New Tecumseth, writing to the Honourable Dalton McGuinty, advising that on May 10, 2010, the Town of New Tecumseth adopted the following resolution pertaining to Harmonized Goods and Services Tax: "WHEREAS the Harmonized Goods and Services Tax will come into effect on July 1, 2010 resulting in an 8% increase on many products and services for tax payers; AND WHEREAS the Council of the Town of New Tecumseth passed a resolution in July 2009 requesting the Provincial Government to minimize the impact on taxpayers and businesses that was widely endorsed by Ontario municipalities; AND WHEREAS minor sports organizations have expressed concerns that the HST will result in children's and youth sports activities being too expensive for working families and that enrolment in minor sports will diminish; AND WHEREAS Ontario municipalities are being requested by minor sports organizations to freeze or reduce facility rental fees in order to lessen the impact of the HST; AND WHEREAS all taxpayers will have to bear the cost of any further subsidy provided by municipalities; Council Meeting Minutes - 11 - June 14, 2010 AND WHEREAS the Province has publicly stated that the health system is committed to reversing the trend to overweight and obesity, but it cannot solve the problem on its own and that physical, social, cultural and environmental factors have strong influence on weight and .that Ontario needs a broad, multi-sectoral, community-wide response to the obesity epidemic; AND WHEREAS the increased cost of recreation and athletic programs resulting from the HST will further prevent individuals, youth and children from registering in these programs; AND WHEREAS the rising cost of policing is further exacerbated by the increasing number of crimes perpetrated by youth and that keeping our young people active and involved in recreation and sports assists in reducing such criminal involvement; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to consider exempting children's recreation programs from the HST in order that Ontario families can afford to participate in athletic and recreation programs in their communities." Resolution #C-247-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Town of New Tecumseth, with respect to the Harmonized Goods and Services Tax, be endorsed. "CARRIED" D - 7 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on May 25, 2010, the City of Kingston adopted the following resolution pertaining to Payments in Lieu of Taxes: "WHEREAS in a unanimous decision on 15 April the Supreme Court of Canada clearly and unequivocally stated that the federal government and its Crown Corporations must pay for the services municipalities provide in the same way private owners pay; THEREFORE BE IT RESOLVED THAT Kingston City Council urges the government of the Province of Ontario to follow this decision, with respect to all properties for which it makes payments in lieu of taxes (including heads and beds); AND FURTHER THAT a copy of this resolution be sent to John Gerretsen, MPP for Kingston and the Islands, and to all Ontario university and hospital towns." Council Meeting Minutes - 12 - June 14, 2010 Resolution #C-248-10 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the City of Kingston, with respect to Payments in Lieu of Taxes, be received for information. "CARRIED" D - 8 Susan Daniels, City Clerk, City of Thorold, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, the Honourable Dalton McGuinty, Premier of Ontario, the Honourable John Gerretsen, Minister of the Environment and the Honourable Jim Prentice, Federal Minister of the Environment advising that on May 18, 2010, the City of Thorold adopted the following resolution pertaining to proposed amendments to leaded gasoline regulations: "WHEREAS leaded race car fuels represent less than 2% of the total leaded gasoline allowed in Canada; AND WHEREAS (except for racing fuels) close to 98% of leaded fuel users in Canada are exempt from leaded fuel regulations; AND WHEREAS the City of Thorold has benefitted from local racing activities for fifty-nine years; AND WHEREAS exempting race car tracks from leaded fuel regulations would help to preserve an estimated 4 million dollar annual stimulus to the local economy; AND WHEREAS exempting race car tracks from leaded fuel regulations would support economic activities at local race tracks; AND WHEREAS exempting race car tracks from leaded fuel regulations would preserve an estimated forty-five full and part time jobs, locally; AND WHEREAS the City of Thorold supports the local racing industry and deems it appropriate to support the Federal Government's proposed amendments to leaded fuel regulations. NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Thorold express its support of the local racing industry with its support of the Federal Government's proposed amendments to leaded fuel regulations. Council Meeting Minutes - 13 - June 14, 2010 THAT this motion be forwarded to all local municipalities, The Regional Municipality of Niagara, local MP's, MPP's, The Honourable John Gerretsen, Ontario Minister of the Environment, the Honourable Jim Prentice, Federal Minister of the Environment, Premier Dalton McGuinty and Prime Minister Stephen Harper." Resolution #C-249-10 Moved by Councillor Novak,.seconded by Councillor Trim THAT the resolution from the City of Thorold, with respect to proposed amendments to leaded gasoline regulations, be received for information. "MOTION LOST" Resolution #C-250-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Thorold, with respect to proposed amendments to leaded gasoline regulations, be endorsed. "CARRIED" D - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Susan Self, Chair, CTC Source Protection Committee, advising that on June 2, 2010, Regional Council adopted the following resolution pertaining to Draft Proposed Assessment Report: Central Lake Ontario Source Protection Area: "a) THAT Joint Report No. 2010-J-23 be endorsed and submitted to the CTC Source Protection Committee as Durham Region's comments on the draft proposed Assessment Report for the Central Lake Ontario Source Protection Area (CLOSPA); b) THAT Regional Council direct staff to review and comment directly to the relevant source protection committees on the contents of proposed Assessment Reports that are released for public consultation during Council's summer recess; and c) THAT a copy of Joint Report No. 2010-J-23 be forwarded to the Minister of the Environment and Durham area municipalities." Council Meeting Minutes - 14 - June 14, 2010 Resolution #C-251-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolution from the Regional Municipality of Durham, with respect to the Draft Proposed Assessment Report: Central Lake Ontario Source Protection Area, be referred to the Director of Planning Services. "CARRIED" D - 10 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on May 18, 2010, the City of Kingston adopted the following resolution pertaining to declaration of parallel transit as essential service: "WHEREAS the Municipal Accessibility Advisory Committee (MAAC) recommends solutions to deal with the provision of goods and services as defined within the City Municipal Accessibility Advisory Committee mandate; and, WHEREAS the City of Kingston has publicly committed to accessibility for all its citizens; and, WHEREAS the City of Kingston operates Kingston Transit buses for its residents; and, WHEREAS Kingston Access Services operates buses as a parallel transit to Kingston Transit for disabled residents; and, WHEREAS the Access Bus is the only option for transportation for most people with disabilities; and, WHEREAS accessibility to parallel transit was denied to citizens during the recent access bus strike; THEREFORE BE IT RESOLVED THAT the Municipal Accessibility Advisory Committee (MAAC) request that City Council approve the following motion, and that a copy of the following motion be forwarded to the Premier Dalton McGuinty, Hon. John Gerretsen, M.P.P. for Kingston and the Islands, Association of Municipalities of Ontario (AMO) and all municipalities with a population of over 50,000, requesting that they also request the Provincial Government to declare all parallel transit as an essential service: WHEREAS the Access Bus is the only option for transportation for most people with disabilities; and, Council Meeting Minutes - 15 - June 14, 2010 WHEREAS accessibility to parallel transit was denied to citizens during a recent access bus strike; THEREFORE BE IT RESOLVED THAT City Council request the Provincial Government to declare all parallel transit an essential service. Resolution #C-252-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the resolution from the City of Kingston, with respect to declaration of parallel transit as an essential service, be referred to the Clarington Accessibility Advisory Committee for comment. "CARRIED" D - 11 Cameron Ackerblade, forwarding a press release regarding Rotary International's efforts to commemorate their 100th Anniversary in Canada; advising that on June 19th the CN Tower will be lit up in Rotary Blue and Gold to honour Rotary International's Anniversary; and, questioning whether there is a building in Clarington that could be lit up for the same reason. Resolution #C-253-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 11, from Cameron Ackerblade, with respect to the 100th Anniversary of Rotary International in Canada, be referred to staff. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report June 7, 2010. Resolution #C-254-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 7, 2010 be approved. "CARRIED" Council Meeting Minutes - 16 - June 14, 2010 STAFF REPORT(S) Resolution #C-255-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-035-10 be referred back to staff for the preparation of a subsequent report at a later date. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There was No Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Resolution #C-256-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-070 to 2010-073; 2010-070 Being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended 2010-071 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Wintser Investments Limited) 2010-072 Being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Marion Elaine Hamilton and Dorothy Ada Conlin to sell the property known for municipal purposes in 2010 as 153 Port Darlington Road, Bowmanville, Ontario and being more particularly described as Part of Lot 11, Block B, Plan H50073, Broken Front Concession, former Town of Bowmanville, and Town of Newcastle, now Municipality of Clarington, Regional Municipality of Durham Council Meeting Minutes - 17 - June 14, 2010 2010-073 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Trustco Construction Ltd., Markham„ Ontario, to enter into an agreement for the Change Room and Seating Renovations for the Garnet B. Rickard Recreation Complex; 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 Mayor Abernethy provided comments on the recent announcement by the Province that Infrastructure Ontario has released a request for qualifications (RFQ) to pre- qualify and shortlist project teams to extend Highway 407 eastward from Brock Road in Pickering to the Simcoe Street area in Oshawa. Mayor Abernethy indicated his disappointment on learning of this announcement when just last week, the Provincial Government had approved the Environmental Assessment for the extension of the Highway and that the Honourable Brad Duguid, Minister of Energy and Infrastructure stated that the Province was committed to moving forward with Highway 407. Mayor Abernethy stated Council requires clarification on what the announcement actually means and he is hoping that an announcement will be forthcoming to announce afollow-up Request for Qualifications to complete the project to Highway 35/115. Members of Council spoke at length regarding the impacts of the announcement on the existing infrastructure, the tax base, the uncertainty placed on the urban and rural communities and need for Council to take a proactive approach and send a stern message to the Province outlining Council's disappointment and the importance of the full extension. Mayor Abernethy read Regional Chair Roger Anderson's Letter to the Editor of the Peterborough Examiner in response to the article "407 Stalled Until 2017" by Brendan Wedley in the June 12~' issue of the Peterborough newspaper. According to the article, Jeff Leal, MPP for Peterborough, commented that the Province remains committed to extending Highway 407 to Highway 35/115 with the entire project expected to be completed by 2017. Mr. Leal states that breaking the project into two stages makes it more manageable and "That essentially will be fast-tracking the process ..." Mr. Anderson's response indicated that unfortunately, readers may be left with the impression that this was a good news announcement when in fact it is a shocking disappointment to Durham Region Councillors, residents and businesses and is completely contrary to repeated commitments made by the province since 2007 that the entire extension would be completed by 2013 and that delaying the project will Council Meeting Minutes - 18 - June 14, 2010 have huge negative impacts. He further indicated that Regional Council had acknowledged that the 2013 timeline was very ambitious and that Ministry of Transportation staff had assured Durham Regional Council on more than one occasion that the target for 407 completion was 2013. Mr. Anderson wrote that if the Province has indeed made such a decision they should have contacted the Region in advance to discuss directly the serious negative impacts of a route that ends at Simcoe Street in Oshawa, not even half way to Highway 35/115. Mr. Anderson further stated that construction of the 407 east extension was absolutely essential to enable. access to employment lands in Durham communities and that long-term business investment and jobs for the residents of Durham, Kawartha and Peterborough, not just temporary construction jobs, is the goal on which the Region should be focused. Mayor Abernethy stated that Council should have a further discussion of this issue at the General Purpose and Administration Committee meeting next week and indicated that he would try to obtain additional information and that staff was requested to also investigate the matter. Resolution #C-257-10 Moved by Councillor Novak, seconded by Councillor Trim THAT the rules of procedure be suspended to allow for the introduction of motion with respect to the extension of Highway 407. "CARRIED" Resolution #C-258-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT staff of the Planning Services Department and Engineering Services Department prepare a report with factual information to assist Council in establishing a position to bring forward to the Ministry of Transportation regarding the extension of Highway 407 to Highway 35/115. "CARRIED" Members of Council discussed the issue of Wind Turbines, stating they are looking forward to receiving the staff report regarding the impacts on the community. Mayor Abernethy indicated that Council has adopted a number of resolutions concerning wind turbines and that he would ensure that all Members of Council receive copies. Council Meeting Minutes - 19 - June 14, 2010 Councillor Robinson questioned the status of the Mill Street Underpass. The Director of Engineering Services stated the project is moving forward and it is his intention to bring Council up to speed with the design and the benefits to the public of this type of approach from an Environmental impact perspective. He is targeting going to tender in September and hoping for completion in 2010. Mayor Abernethy indicated that the Bowmanville Sewage Treatment Capacity issue has been resolved with the solution being to run a line along Baseline Road from Liberty Street to Courtice Road and connect into the new sewage treatment plant in Courtice. He indicated that the final agreement is being worked out but there are a group of five or six developers who will front end the line and that the project should be finished sooner that the expansion to the Port Darlington plant. Mayor Abernethy expressed appreciation to Regional Chair Anderson for helping to resolve this issue. Mayor Abernethy advised that eight-year-old Ethan Wing spent the day with him as "Mayor for the Day" on Friday, June 11, 2010. Ethan's parents had bid on the silent auction for the "Mayor for a Day" certificate at the annual fundraising dinner in support of Bethesda House. Ethan attended the Grand Opening of the Wal-Mart, accompanied Mayor Abernethy to most of his meetings throughout the day, and conducted a role playing exercise with visiting Grade 1 & 2 students in the Council Chambers. Councillor Hooper issued a reminder that on Thursday, June 17, 2010, an Accessibility Expo will be held at Durham College/UOIT and that Justin Hines will entertain. Councillor Novak advised that the Municipality of Clarington has received an accessibility award for their efforts in making the municipality barrier-free. CONFIRMING BY-LAW Resolution #C-259-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-074, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of June, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 20 - June 14, 2010 ADJOURNMENT Resolution #C-260-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 8:54 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE June 28, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Heritage Committee dated March 2, April 20 and May 18, 2010. (Copies attached) I - 2 Minutes of the Ganaraska Region Conservation Authority dated May 20, 2010. (Copy attached) I - 3 Mark Hendrikx, requesting that information pursuant to the Municipal Elections Act, 1996, regarding the requirement of individuals, corporations or trade unions to file a Notice of Registration in order to incur expenses in promoting or opposing a municipal question on the ballot be conveyed to all candidates; and, to remind incumbents that the Election of the Regional Chair is a separate election issue and that the candidate's election material should not include commentary on the issue. I - 4 Colette Caruso, Ontario Good Roads Association (OGRA), forwarding a Press Release announcing that OGRA applauds the decision of the Ministry of Transportation and Infrastructure Ontario in moving forward with the eastern extension of Highway 407 which, once completed, will represent a significant addition to the safe and efficient roadway system and will be a key factor in attracting and/or retaining business in the globalized world. I - 5 Federation of Canadian Municipalities (FCM) forwarding FCM's Report "Wake-Up Call: The National Vision and Voice We Need for Rural Canada", highlighting the growing crisis in rural Canada and its implications for Canada's national economy; questioning what role the federal government should play in rural communities; and, providing suggestions for changes to federal policies and programs to embrace rural Canada in Federal decision-making. I - 6 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding for information a copy of Joint Report 2010-J-27 of the Commissioner of Planning and the Commissioner of Human Resources and Corporate Services providing an overview of the key findings of the report entitled "Profile of Agricultural and Agri-business Attributes in the GTA", prepared by the Greater Toronto Area Agricultural Action Committee. Summary of Correspondence - 2 - June 28, 2010 I - 7 Ben Earle, Chair, Durham Food Policy Council, writing to the Chair and Members of Regional Council, expressing concern with various aspects of the proposed Regional Official Plan Amendment 128, specifically as the planned amendment pertains to local agricultural lands, locally grown foods and the future development of agricultural initiatives and lands for growing food for local citizens, as these plans to do not align with the vision of the Durham Food Charter; expressing concern with plans to slate various prime agricultural and environmentally sensitive lands in Pickering, Whitby, Oshawa and Courtice for development, without adequate information regarding the potential impact of development in these areas and based on short- term gain and limited visions of Durham communities' potential to lead the province in the development of sustainable land-use planning. I - 8 John R. O'Toole, MPP, Durham, writing to the Honourable Kathleen Wynne, Minister of Transportation, in response to the Request for Qualifications issued with respect to the extension of Highway 407 from Brock Road to the Simcoe Street area in Oshawa and requesting to be advised of the timetable for the completion of the highway to Highway 35/115. Mr. O'Toole stated he is of the opinion that a gap in the highway defeats the purpose behind the new east/west thoroughfare and places an additional traffic burden on rural roads that drivers will use to reach Highway 407 if it is halted in north Oshawa; and questioning if the Province is still committed to extending Highway 407 as far east as Highway 35/115 as specified in the Environmental Assessment. I - 9 Gail Rickard, Chairperson, Clarington Public Library Board, advising of a partnership between the Clarington Public Library, other public libraries in the Region and Durham Region Transit to offer the "Ride to Read Program", providing free transit to children enrolled in the TD Summer Reading Club during July and August using their library cards as transit passes. The partnership participants hope Ride to Read will familiarize children with public transit and increase Durham Region Transit ridership while enhancing children's education and love of reading over the summer. Attached to the correspondence is a recent press release regarding Ride to Read at the Clarington Public Library. Summary of Correspondence - 3 - June 28, 2010 CORRESPONDENCE FOR DIRECTION D - 1 Heila Pitter, Outreach Services Manager, Bethesda House, requesting permission to host the 6th Annual "Caarington Take Back the Night Walk", an international event for women to "reclaim" the streets after dark, to be held on September 14, 2010, from -6:00 p.m. to 9:00 p.m.; providing details of the route; and, advising liability insurance will be submitted to the Engineering Services Department. This year the organizers are extending an invitation to men of all ages to join women and children in the walk in support of a safer community for everyone. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Keri Semenko, Coordinator, Durham Region Diabetes Network, (DRDN) requesting Council to declare November 14th as "World Diabetes Day" to raise awareness of diabetes to the general public; to educate people with diabetes on improving knowledge of the disease to better understand the condition and prevent complications; and for governments and policy-makers to focus on advocacy aimed at communicating the cost-.effective implications of diabetes prevention strategies and to promote diabetes education as a core component of diabetes management and treatment. (Motion to Proclaim) D - 3 George F. Vella, Vella & Pratt, Barristers and Solicitors, writing on behalf of Newcastle Condominium Corporations No. 3, 6 and 7, 120 Port Darlington Road, advising that water from Bowmanville Creek and the marina is eroding into the condominium properties and expressing concern that further dredging could cause additional damage to the condominium lands; indicating that the matter has been brought to the attention of the marina owners who have not made a realistic proposal for dealing with the erosion; and, requesting that the Municipality not assist in any dredging of the Bowmanville Creek anywhere in the vicinity of the condominiums until the owner of the marina has put in place appropriate shoreline erosion measures to stop the erosion of the condominium properties. (Motion to refer correspondence to the 2011 budgetary process for discussion in conjunction with Report CAO-004-10 -Dredging of the Bowmanville Creek) Summary of Correspondence - 4 - June 28, 2010 D - 4 Correspondence has been received from the following individuals/groups regarding Camp 30; suggesting that Council work with the current property to restore the site for the education of future generations and possibly transform the site into an historic tourist destination: a) M. A. Mullin b) L. Bowen c) J. Armstrong (Motion to refer correspondence to the Director of Planning Services) D - 5 Marianne Schlottke advising that due to the overwhelming interest in Camp 30 during the "Doors Open Clarington", her family was turned away because all tours were full; and, requesting that consideration be given to providing tours of Camp 30-again in the near future for those who missed the opportunity during "Doors Open Clarington". (Motion to refer correspondence to the Director of Planning Services) D - 6 Wayne Preston advising that the twelve homes on Veterans Avenue were constructed in 1946 from the barracks at Camp 30; and, suggesting that due to the unique nature of these buildings and their connection to Camp 30, a greater recognition of the street, in addition to the poppy on the street sign, would be in order. (Motion to refer correspondence to the Director of Planning Services) D - 7 Myno Van Dyke, Vice Chair, Newcastle Village Community Improvement Plan, advising that on May 20, 2010, the Newcastle Community Improvement Plan Liaison Group adopted resolutions requesting the Municipality to consider placing gateway signage on the east and westbound lanes of Highway 401 and the southbound lane of Highway 115 welcoming visitors to the Municipality and its communities of Newcastle Village, Orono, Bowmanville, and ` Courtice, as appropriate. (Motion to refer correspondence to the Director of Engineering Services) Summary of Correspondence - 5 - June 28, 2010 D - 8 John R. O'Toole, MPP, Durham, writing on behalf of one of his constituents, requesting to be advised of what plans are in place to install signals at the corner of Highway 57 and Aspen Springs Drive. Mr. O'Toole indicates that he has been advised that the wait at this intersection can be upwards of five minutes and that although this busy intersection does not have signal lights, there are two sets of signals on Green Road at Highway 2 and at Baseline Road, a north/south road that is not yet a through street. (Motion to refer correspondence to the Director of Engineering Services) D - 9 Jennifer Cowie Bonne, Chair, Play Works, The Ontario Partnership for Active Youth, forwarding the. 2010 Youth Friendly Community Recognition Program Application form, information on how the municipality can be recognized as "youth friendly" including brochures on the "Youth Friendly Community Recognition Program, 2010", the "Youth Friendly Communities: Good practices 2010" and "Be Recognized as a Youth Friendly Community: Small and Rural Communities: Lessons from the Field"; and, encouraging the Municipality to become and remain youth friendly and to strengthen its commitment to serving Ontario's adolescent population. Deadline for submission is December 2010. (Motion to refer correspondence to the Director of Community Services) D - 10 Marie Meeks expressing concern that a fungus is growing rampant on many stone markers at the Bowmanville Cemetery; indicating that one of the monument companies has advised that it will cost approximately $200 per stone to remove the fungus; and, requesting that staff investigate cleaning the stones with a power washer to kill this fungus that is taking over the cemetery. (Motion to refer correspondence to the Director of Operations) D - 11 M. Domovich, The Domus Group, expressing concern that his submission at the public meeting under the Planning Act concerning the Application to Amend the Clarington Official Plan and Zoning By- law by Lambs Road School Property Ltd. was limited to ten minutes and that no member of Council was willing to grant him an extra five minutes to complete his delegation. Mr. Domovich feels that Council's conduct creates the appearance of a bias, as he was the only person opposed to the application and suggests that Council's Rules of Procedure be changed to permit delegations to speak for twenty minutes. (Motion for Direction) Summary of Correspondence - 6 - June 28, 2010 D - 12 Jim Freeman, President, Durham Region Labour Council, advising of an emergency resolution adopted by the Federation of Canadian Municipalities (FCM) calling on the government to expand the Canada Pension Plan (CPP), increase seniors Guaranteed Income Supplement (GIS) by 15%, protect Canadian pensions through a federal system of pension insurance and to call for a National Pension Summit; and, requesting that all Mayors in the Region of Durham send a letter to the Provincial Finance Minister urging him to support the principles of the resolution. (Motion for Direction) D - 13 Mayor Ric McGee, City of Kawartha Lakes, providing details of a situation in which the City of Kawartha Lakes was ordered by the Ministry of the Environment to assume operational and financial responsibility for a cleanup of the road allowances and Sturgeon Lake resulting from a furnace oil leak on private property following the exhaustion of the property owner's insurance funds, despite the fact that the municipality had no involvement or responsibility for the furnace oil leak occurring; indicating that if this practice becomes Standard Operating Procedure for the Ministry of the Environment it will negatively impact all municipalities within Ontario; advising that the Solicitor for the City of Kawartha Lakes has appealed the Ministry of the Environment Orders to the Environmental Tribunal; and, requesting-that Council consider investing a small donation of two cents per resident or a minimum of $500 to this legal defense fund to ensure that no other municipality is placed in the position that Kawartha Lakes has been. (Motion for Direction) D - 14 J. W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA) providing background information on the Minimum Maintenance Standards created to assist Ontario Municipalities in managing their risk from legal action stemming from personal injury on municipal roads; advising that there has been a recent application filed with the Superior Court of Justice to have the Minimum Maintenance Standards declared null and void; indicating that the application, if successful, will have huge implications for all Ontario municipalities in defending liability claims; advising that OGRA is filing a notice with the court to oppose the application on behalf of their municipal members; and, requesting that each municipality consider contributing 10¢ per-capita with the maximum contribution capped at $50,000 and the minimum being $1,000, or to contribute any amount to the cause, noting that any funds not used will be refunded back to contributing municipalities on a pro-rated basis. (Motion for Direction) Summary of Correspondence - 7 - June 28, 2010 D - 15 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on June 10, 2010, the AACC adopted the following resolution pertaining to buffers for the long term viability of agriculture: "WHEREAS the Provincial Policy Statement, 2005 (PPS) is currently being reviewed and input is being sought on how it could be improved; AND WHEREAS the PPS sets the policy foundation for regulating the development and use of land in Ontario; AND WHEREAS the interface between agricultural lands and subdivisions (rural and urban) is an issue that requires the establishment of buffers for the long term viability of agriculture and will contribute to the quality of life for residents both urban and rural; THEREFORE BE IT RESOLVED THAT as part of the review the Province establish policy direction for the implementation of buffers to protect agricultural operations where they abut urban boundaries; AND FURTHER THAT this resolution and the attached information sheet be forwarded to the Ministry of Municipal Affairs and Housing and members of the Association of Municipalities of Ontario." (Motion for Direction) D - 16 Mrs. J. M. Spiers expressing concern with the method in which the government is conducting itself with respect to the installation of wind turbines in the Province; advising there is much information to cause considerable concern as to the negative impacts on public health, the environment and reduction to property values; suggesting that all levels of government need to be more involved in the efficient use of resources and less wasteful; and, requesting that Council do its due diligence, be more accessible and responsive to public concerns before rushing into this expensive and inefficient way of producing electricity. (Motion for Direction) Amended MEMBERS PRESENT: Councillor Novak Karin Murphy David Reesor Andrew Kozak Ingrid Saravia REGRETS: PLANNING STAFF: CLARINGTON HERITAGE COMMITTEE Minutes of Meeting No. 2 March 2"d, 2010 Karina tsert Duane Cook James Rook Paul Allore Leslie Wilson Victor Suppan Isabel Little Lisa Backus I-1 Presentations: Lisa Backus gave the Committee a summary of the process being followed in the review of the Clarington Official Plan. This included an explanation of what an Official Plan is and why we are reviewing the Plan. Accomplishments to date include: 1. Introductory Paper in 2008 2. Six Public Information Sessions 3. Let's Have a Discussion Paper in Nov 2009 4. Public Information Session in Dec 2009 5. Clarington Community Forecasts Feb 2010 All written submissions are received, acknowledged, and added to the data base. Council is advised of all comments received and how they are addressed. The CHC's comments on the Official Plan review is recorded as submission number W13. Any person can comment on the Official Plan review through the Municipal website. The next steps include: 1. Provincial Decision on ROPA 128 2. Built Form and the Planning Process Official Plan Amendment (Open House, Statutory Public Meeting, Draft OPA) 3. Growth Management Discussion Paper 4. Economic Base and Employment Lands Discussion Paper 5. Intensification Discussion Paper 6. Courtice Main Street Study ADOPTION OF MINUTES: MOTION 10.04 Moved by Andrew Kozak, Seconded by David Reesor THAT the minutes from February 16th, 2010 be accepted "CARRIED" BUSINESS ARISING: Request for Addition to Municipal Register The CHC had recommended during their January meeting that that any new developments in Newcastle Village incorporate the existing heritage structures in the landscape vista of the downtown core and that the landmark buildings located at 5 and 11 King Avenue East, 57 Mill Street South, 15 King Avenue West, and 4 and 10 King Avenue East be added to the Municipal Register of Properties of Cultural Heritage Value or Interest. A staff report was presented to GPA on February 22, 2010 recommending adding 57 Mill Street South, 15 King Avenue West, and 4 and 10 King Avenue East to the Municipal Register. Council approved adding 15 King Avenue West and 4 and 10 King Avenue East. Approval was not granted for adding 57 Mill Street South. Having discussed the options available for insuring a compatible infill design for the proposed new building at King and Mill, the Committee passed the following motion: MOTION 10.05 Moved by Leslie Wilson, Seconded by Karina Isert THAT the design and scale of the facade of the building facing King Avenue, Mill Street South, and Emily Street be constructed to respect the heritage culture of Newcastle downtown and the adjacent Newcastle Community Hall, and the facade design be reviewed by the CHC prior to site plan approval. THAT a heritage impact statement be carried out and the findings of the study be utilized to inform the. design and scale of the proposed commercial development. "CARRIED" MTO CHER Reports Staff contacted Winston Wong from the Ministry of Culture and Richard Unterman who both indicated that the CHERs have not been completed to date. 49 and 63 Beaver Street Norman and Tenzin Gyaltsan have notified staff that they have successfully acquired a property located across the street from these buildings at 106 Beaver Street that is large enough to split to accommodate the cement homes. 2 1440 Gord Vinson Avenue A letter has been sent to the property owner asking him to consider designating the stone house under the Ontario Heritage Act. No response has been received to date. Central Public School James Rook has not received a reply on the window replacement. Bowmanville Senior Public School The Manager of Planning for the School Board has requested that information on the cultural heritage of the building be forwarded to the Board for their consideration prior to them agreeing to the building being placed on the Municipal Register as anon-designated building. Doors Open Ontario The Clarington ACO has agreed to a brochure on the Clarington CHC being distributed as part of the event. Ingrid volunteered to prepare the pamphlet. FINANCIAL REPORT Opening balance $5,936.24 December 31 Interest .05 January 18 Cheque # 5 $78.00 $5,858.29 January 25 Closing $5,.858.29 MOTION 10.07 Moved by Karin Murphy, Seconded by Leslie Wilson THAT the financial statement be accepted "CARRIED" Website Development Andrew and Victor met with Municipal staff to discuss the potential for development of a heritage website. Council has approved a budget of $5,000 for the project in 2010. Inventory Update Clarke Township is almost completed. 3 NEW BUSINESS Foster Neighbourhood The Committee discussed the Neighbourhood Design Plan and how it affects the designated Belmont house fronting on 302 Given Road. The most recent version of the Plan shows houses located to the east and west of the designated building, thereby cutting off its connection to Wilmot Creek. After discussing various options for preserving the viability of the building the Committee passed the following motion: MOTION 10.08 Moved by Andrew Kozak, Seconded by David Reesor THAT the neighbourhood design plan in its current proposal negatively impacts the marketability and viability of the building therefore to ensure the long term preservation of this designated heritage building, we recommend that the structure be relocated to the north side, facing Highway 2 and the zoning by-law be amended to permit commercial uses that would encourage the repurposing and the potential long term use of the building. "CARRIED" Meeting adjourned Next Meeting April 20th, 2010 Meeting Room 1A, 7:00 pm 4 Amended CLARINGTON HERITAGE COMMITTEE Minutes of Meeting April 20, 2010 MEMBERS PRESENT: Councillor Novak Karina Isert Victor Suppan Karin Murphy REGRETS: James Rook Ingrid Saravia PLANNING STAFF: Isabel Little ADOPTION OF MINUTES: Deferred to next meeting CORRESPONDENCE Duane Cook David Reesor Paul Allore Leslie Wilson Andres Kozak Municipal World publication was received, there are a number of interesting articles that have been provided to Committee members. NEW BUSINESS Bowmanville CIP: Looking for a volunteer to sit on the Liaison Group, the first meeting is scheduled for May 26tH Moving of 49 and 63 Beaver Street in Newcastle: Isabel provided an update on the status of the search for a new location for these houses. The owner is working diligently to try and get a location within the village that would be suitable, an purchase offer has been made, there are some other planning approvals (like land division) that would be required. MOTION 10.09 Moved by Paul Allore, Seconded by Karin Murphy THAT proposal of houses at 49 and 63 Beaver Street being moved to 106 Beaver Street and lot split to accommodate both houses be endorsed. "CARRIED" FINANCIAL REPORT Opening balance Feb 26 $5858.34 Feb 26 interest 0.04 March 25 closing $5858.38 MOTION 10.10 Moved by Karina Isert, Seconded by Karin Murphy THAT the financial statement be accepted "CARRIED" SUB-COMMITTEE REPORTS Orono CIP Estimates for adding lights to the decorative poles were provided, the. committee was surprised at the costs involved; however, there are also some questions from the merchants about why there should be pedestrian lighting when the stores are not open after 6 p.m. The Grants are all proceeding as anticipated; there are funds available should any other applicants come forward. House at 5290 Main Street (next to CIBC) has been purchased and is being refurbished. There are plans for adding some gardens around the Gazebo at the library. The next meeting is the second Wednesday of`July. Newcastle CIP The Committee would like to see signage along the 401 and at major entries to the village. The Grants are fully tapped out for the second year in a row. The committee has been quite active with regard to the Shopper's Drug Mart application. Bowmanville Heritage District 36 Beech Street Application This house was one of the first bungalows and is from 1915. The owners wish to add a second storey addition at the rear. The owners prefer a peak roof, the HCD committee and staff recommended at pediment roof to match the existing. Council has endorsed the staff recommendation. CHC agrees with recommendation by the HCD Committee. 2 BUSINESS ARISING Courtice Main Street Study Issues Concern from committee members that heritage was so minimal in a relatively large report. The committee would like additional input on this issue, as they feel some of the historical and cultural elements are not being emphasized and could be. Some of the historical elements could be integrated into the new construction to give the community a sense of what was there before and that the community has deep roots although it was not a large urban centre. Some of the historical families for Clarington are from this area, the Courtice's, Trull's, Tooley's, and their stories should be told. Isabel will search for some of the older building photographs and provide to committee. Clarington Official Plan Review Victor has worked on a submission to be reviewed by the Committee which was done during the meeting. Committee provided comments; additions! time was requested. Newcastle Shopper's Drug Mart Council did not endorse the committee and staff recommendation to add 57 Mill Street to Municipal Register. At this point no demolition permit has been issued, the applicant will have to take possession of the property before demolishing and staff are not aware of the closing date. It appears that there are same individuals interested in acquiring the building and moving it to a different site. MOTION 10.11 Moved by Paul Allore, Seconded by Karina Isert THAT the GHC request the developer to make efforts to either move the house at 57 Mill Street North to another site in the Village or place it up for sale as a home to be moved." "CARRIED" Councillor Novak will introduce a motion at the next Council meeting. Discussion ensued on the need for co-ordination with the Green Committee to promote the idea of reuse and keeping old buildings out of landfills. Victor will ask to be a delegation to the Green Committee. Lambs Road Boys School Committee is looking for a heritage impact study and archeological report. Not opposed to subdivision but would like to see Campus rehabilitated as part of the overall development. The CHC has received the stage 1 of the archaeological report. 3 Isabel provided an overview of the subdivision process. She clarified that the archeological report is a requirement of the development and has a two phase process. It is the Region that requests the archeological reports, they are submitted to the Ministry of Culture and often copies are not provided to the Municipality. The documents are not available to the general public, this is to avoid identifying the sites for fear that unscrupulous people might raid them. The first phase is an audit of whether the site has potential for archeological site, this is a review of historical documentation and what the site was used for, etc. The second phase is to walk the ploughed field or a grid system of test pits. It is an independent licensed archeologist that has to do the study. Doors Open Set for June 6, 2010 cluster of sites in Orono, Newcastle, Tyrone and Bowmanville. The Clarington ACO branch is looking for volunteers. Karina has tried to contact, no response. Isabel will provide contact info to committee members. PROJECT REPORTS Website Development- deferred to next meeting.. Inventory Update Karin and David have split Clark Township into a grid and are moving along with photographing. The keep records of the pictures being taken and the conditions of the landscape along the way. House 33 on the 35/115 is a new find, it is an interesting old structure across from the Shell gas station. Some houses have been demolished since the previous inventory so sometimes it is a search. Many interesting things along Lakeshore Road, some really impressive views and some new farming operations. Meeting adjourned by Karen, Karina Next Meeting May 18tH, in Meeting Room 1C, 7:00 pm 4 Amended Clarington Heritage Committee Minutes of Meeting No. 4 May 18th, 2010 MEMBERS PRESENT: Councillor Novak Karin Murphy David Reesor Andrew Kozak Ingrid Saravia PLANNING STAFF: Karina Isert Duane Cook James Rook Paul Allore Leslie Wilson Isabel Little Ruth Porras Paul Wirch PRESENTATIONS: Courtice Main Street Study Ruth Porras attended the meeting to address the committee's concern about the lack of coverage given to heritage within the Courtice Main Street Study. The Courtice Main Street Study is a work in progress and suggestions can be made online. Isabel provided some pictures of some of Courtice's older buildings. The main concern is how to raise the profile of heritage in Courtice over the long term. Suggestions were: 1. Find an anchor building where the pictures of older buildings may be displayed 2. Raise heritage awareness through plaques Next meeting (weather permitting), the CHC may walk the Courtice Main Street strip with Ruth. Newcastle Shopper's Drug Mart Paul Wirch presented the .committee with the potential designs for the Shopper's Drug Mart that will be built on King Street in Newcastle. Site plan approval is delegated to staff; the design will be not be going back to Council; however, the developer has to show how they met the urban design requirements before the Holding Zone on the property will be lifted. ADOPTION OF MINUTES: Deferred until next meeting Amended BOWMANVILLE CIP Andrew Kozak volunteered to be part of the Bowmanville CIP liaison group. The first meeting of the group will be held May 26~' at 7:00 p.m. It will be an overview of the process and CIP study. CLARINGTON OFFICIAL PLAN REVIEW The CHC should ratify the submission that has been drafted by Vic. MOTION 10.12 Moved by Andrew Kozak, Seconded by Karina Isert. That the Official Plan Review of Clarington consider the following submission: Cultural Heritage Cultural heritage resources are the inheritance of natural and cultural assets that give people a sense of place, community and personal identity. Continuity with the past promotes creativity and cultural diversity. Our area has a rich and diverse heritage, including distinctive cultures, traditions, festivals, artisans and craftspeople, landmarks, landscapes, properties, structures, burial sites, cemeteries, natural features and archaeological resources. These resources provide an important means of defining and confirming our identity, enhancing the quality of life of our community, supporting .social .development and promoting economic prosperity. Mission statements in Section 8 of the Official plan to be included: Clarington will ensure that cultural heritage resources are conserved using the provisions of the Heritage Act, the Planning Act, the Environmental Assessment Act, the Cemeteries Act and the Municipal Act. Clarington will prepare an Implementation Guideline for Conserving Significant Cultural Heritage Resources. This guideline will outline the criteria and processes Clarington will follow to identify and conserve cultural heritage resources of interest. Clarington will identify cultural heritage resources by establishing and maintaining: i) a listing of properties that are of cultural heritage value or interest. ii) a municipal register of properties that are of cultural heritage value or interest. This registry properties designated under Part IV, V or VI of the Heritage Act, and properties that have heritage conservation easements or covenants registered against title. Amended Clarington will provide resources to facilitate listed properties to the municipal registry. Cultural Heritage Landscapes Clarington will prepare an Implementation Guideline for Guttural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes and for documenting each individual landscape through a Cultural Heritage Conservation Landscape Plan that includes: (a) a statement of significance; (b) a listing of the cultural heritage resources and attributes being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and (c) Clarington will designate Cultural Heritage Landscapes in their official plans and establish associated policies to conserve these areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. As a subset of the cultural heritage landscape, Scenic Roads Clarington will establish policies in their Official Plan to protect the scenic values of their roads, including the view from the road to prominent heritage buildings or natural landscape features. Clarington recognizes that many of our Roads are characterized by natural, cultural heritage and recreational features that contribute to their scenic value. During any construction or upgrades, Clarington will, wherever feasible, endeavour to protect and/or enhance the scenic value of such features along their Roads. Cultural Heritage Impact Assessment Clarington will establish policies in the- Official Plan to require the submission of a Cultural Heritage Impact Assessment in support of a proposed development that includes or is adjacent to a designated property, or includes anon-designated resource of cultural heritage value or interest listed on the Municipal Heritage Register. Amended Clarington will require the owner/applicant to submit a Cultural Heritage Impact Assessment where a development application includes, or is adjacent to, a cultural heritage resource of interest which is not listed on a Municipal Register but on the listing. Clarington will establish policies in the Official Plan for procedures to Review and approve the submitted Cultural Heritage Impact Assessment. Clarington's Cultural Heritage Impact Assessment will include, but not be limited to the following: (i) historical research, site analysis and evaluation; (ii) identification of the significance and heritage attributes of the cultural heritage resource; (iii) description of the proposed development or site alteration; (iv) assessment of development or site alteration impacts; (v) consideration of alternatives, mitigation and conservation methods; (vi) schedule and reporting structure for implementation and monitoring; and (vii) a summary statement and conservation recommendations. Where it is not feasible to conserve a cultural heritage resource intact, the conservation recommendations will: (i) promote the reuse of the resource, building, or building elements to preserve the resource and the handiwork of past artisans; (ii) require the owner/applicant to provide measured drawings, a land use history, photographs and other available documentation of the cultural heritage resource in its surrounding context; and (iii) support building relocation. CARRIED Amended 57 MILL STREET SOUTH Council did not endorse the resolution submitted by the Committee with regard to the moving of the building. Councillor Novak was able to introduce the motion but was unable to garner enough support to have it passed. FINANCIAL REPORT: Opening Balance: March 26 $5,858.38 March 31, Interest 0.05 April 23, Closing Totals $5858.43 MOTION: 10. 13 Moved by David Reesor, Seconded by Leslie Wilson THAT the financial statement be accepted "CARRIED" Orono CIP Next meeting is July Inventory No additional progress since the last meeting. Website Development Council approved a budget of $5,000 for the project in 2010. Homework to Committee members was to send in favourite websites for heritage to give a basis for design. Tooley mill cairn wording/ceremony, 710 Kingston Road Martha Rutherford Conrad is working on wording. Everyone should agree on the wording before it goes to Peter Windolf. Announcement On June 26, the Newcastle Village and District Historical Society is holding a walking tour of the village. There will be two tours: one in the morning that will encompass the south side of King Avenue. The afternoon tour will take in the north part of the village. There will also be aself-guided Bondhead driving tour. Amended Camp 30/Boys Training School, 2020 Lambs Public meeting, for the Official Plan amendment and Subdivision design (south third) will be June 7 at the GPA meeting. MOTION 10.14 Moved by Duane Cook, Seconded by Leslie Wilson The CHC recommends that the new structures be built in the Prairie Arts and Craft style that would compliment the existing historically significant structures on site. "CARRIED" Meeting adjourned. Next meeting will be held on June 15th 2010 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY May 20, 2010 I-2 FA 03/10 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:16 p.m. MEMBERS PRESENT: Raymond Benn, Chair -Township of Alnwick/Haldimand Mark Lovshin, Vice-Chair -Township of Hamilton Brian Fallis -Township of Cavan Monaghan Miriam Mutton -Town of Cobourg . Bob Spooner -Town of Cobourg Twila Marston -Township of Hamilton Cal Morgan -Municipality of Port Hope Linda Thompson -Municipality of Port Hope Charlie Trim -Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Mike Smith, Water Resources Technician Members of the Public ABSENT WITH REGRETS: Gord Robinson -Municipality of Clarington Dave Marsh -City of Kawartha Lakes ALSO ABSENT: A moment of silence was held for the men and women in service who have given the supreme sacrifice. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 19/10 MOVED BY: Charlie Trim SECONDED BY: Mark Lovshin THAT the Full Authority approve the minutes of April 15`h, 2010 meeting. CARRIED. 4. Adoption of the Agenda The Chair informed the Board members of two additional pieces of correspondence. #11. Municipality of Port Hope re: Leasing Potential Brogden Lane #12. Architectural Conservancy of Ontario Port Hope re: Sackville Bridge repair As well the five additional permits were distributed to be on the agenda as follows: Minutes FA 03/10 Page 2 d) 168/06-1075-05/10 -Brad Davis (Municipality of Clarington) -Construction of detatched garage e) 168/06-1076-05/10 -Jonathan 8 Oylian Savedra (Municipality of Clarington) - construction of a deck f) 168106-1077-05/10 -Municipality of Port Hope -Emergency dredge of west side of west harbour g) 168/06-1078-05/10 - Jeromey Shortt (Municipality of Clarington) -Construction of garage and house addition h) 168/06-1079 -05/10 -Jill and John Easton (Municipality of Clarington) - Construction of replacement deck As well, there is 1 information item to be forward discussion and an in camera item under legal. FA 20/10 MOVED BY: Linda Thompson SECONDED BY: Brian Fallis THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations: None. 6. Presentations: a) Port Granby End Use Committee Report Faye Langmaid, A/ Director, Planning Services, Municipality of Clarington made a presentation to the Board to highlight the work of the Port Granby End Use Committee contained in "Port Granby Project, Ecology First" End Use Report. She introduced the members of the committee. The members asked Faye and members of the committee questions in regards to the process and its recommendations. FA 21/10 MOVED BY: Brian Fallis SECONDED BY: Bob Spooner THAT the Full Authority receive the above staff report, presentation and supporting materials for information; AND THAT the Full Authority endorses the Full End Use Concept proposed by the committee: AND THAT staff be directed to initiate discussions with the Municipality of Clarington, the Municipality of Port Hope, Port Granby residents, Port Hope Area Initiative Management Office and Natural Resources Canada with respect to the implementation of the Full Concept prepared by the End Use Committee, including the ownership and management of the subject lands; AND THAT results of these discussions be brought back to the Full Authority for review and approval. CARRIED. r. w Minutes FA 03/10 Page 3 b) Low Response Conditions Update Mike Smith, Water Resource Technician made a presentation to members on current low water conditions. He updated the members on rainfall and flow levels, Lake Ontario water levels, the weather outlook (short and long range) and low water indicators. He also outlined the communication protocols for low water advisories. The Conservation Authority is currently at a level 1 drought and has sent out advisories which ask for a voluntary 10% reduction in water consumption. The members asked questions in regards to the conditions. FA 22/10 MOVED BY: Mark Lovshin SECONDED BY: Twila Marston THAT the Full Authority receives the Low Water Conditions Update for information purposes. CARRIED. 7. Business Arising from Minutes: None 8. Chair and CAO/Secretary-Treasurer Remarks The Chair informed the members that the will be a recess of the board for the summer months of July and August. He also announced that on June 27~t' the Township of Alnwick/Haldimand will be celebrating July 1St and there is free food including cake and everyone is welcome to join in the festivities. The CAO/Secretary-Treasurer stated that staff has been very busy with tree planning, over the counter tree sales and working with the watershed municipalities on capital projects. The CAO/Secretary-Treasurer met last week with the other 4 Conservation Authorities in Region of Durham along with Region of Durham Chair and staff to discuss the 2011 Budget. Staff are also looking at all of the charges and fees of the Authority regarding impact of HST. As the members are aware, Winnie Finnie is retiring and her position will be advertised. As well, in accordance with the overall strategic planning of the Forest Centre, the position of Forest Centre Property Manager, which has been vacant for several years, will be advertised. The main responsibility of this position,. in the early stages, will be promotion and increasing the profile of the new Forest Centre and the Oak Ridges Moraine Information Centre. 9. Business from the Board Members Linda Thompson asked for an update on Perrytown. Staff responded the prices for the job have gone to landowners and a meeting will be set up with the landowners to discuss. She also asked for comments on water issues that residents have raised in Welcome. She briefed the members that a Welcome resident has raised concerns that the water taking in Millbrook may have an adverse affect on Welcome wells. Staff responded they have looked at the situation and reviewed reports and have determined that there should be no effect on the wells. Charlie Trim stated that he was concerned after hearing that the Authority is already Minutes FA 03/10 Page 4 addressing low water levels and the fact that Edmonton is dealing with forest fires. He wondered if the fire personnel from the various locations are aware of the situation and stated that perhaps it would be something that should be addressed. He suggested that a mock situation could be set up to demonstrate the response to an emergency situation. He additionally advised the board members that it may be wise to "know your wildlife". Charlie told the members that after he attended a couple of meetings, he and his wife went out for a drive. When they got home his wife noticed that one of the front windows in his home was broken. When he entered the home, the living room and dining room were a mess. The rugs had waste all over them and things were strewn around the room. He then spotted a wild turkey of approximately 16 pounds in the house. He had to hook the turkey with a cane and "escort" it out of the house. He told the members that he was very surprised by the amount of damage the turkey had caused and even more surprised at the fact that the turkey had broken his front window which was a very thick pane of glass. Bob Spooner thanked the Authority for the number of letters of appreciation he has received in connection with the Conservation Dinner. He asked about the final numbers from the dinner and it was reported that the Authority would be receiving approximately $22,000.00 which is a bit more than previous years due to lower expenses. Miriam Mutton stated that Cobourg has purchased beachfront which now gives additional beach/Lake Ontario access to the public. The trail committee is hoping to connect the trail from Cobourg, through Hamilton Township to the Municipality of Port Hope. Cobourg has finished the 2010 dredging of the harbour. She asked if there was any further update on the Mahabir property. Staff reported that the file had not proceed further in the planning process. 10. Correspondence: FA 23/10 MOVED BY: Bob Spooner SECONDED BY: Mark Lovshin THAT correspondence item #9 and #12 to be received and filed. CARRIED. FA 24/10 MOVED BY: SECONDED BY: Linda Thompson Cal Morgan THAT correspondence item #10 and #11 be referred to staff. CARRIED. 11. Applications under Ontario Regulation 168/06: The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06-1072 - 04/10 -Municipality of Clarington / AECOM -Repairs to concrete on existing bridge wingwalls on Conc. Rd. 8 Minutes FA 03/10 Page 5 b) 168/06-1073 - 05/10 -Municipality of Clarington / AECOM -Rehabilitation of Concession Road 8 from Brown Road to Highway 35/115 c) 1068/06-1074 - 05/10 -TransCanada Pipeline Ltd. (Municipality of Clarington) - Temporary excavation of a 10' wide trench for pipeline testing and construction of a temporary access road . d) 168/06-1075-05/10 -Brad Davis (Municipality of Clarington) -Construction of detatched garage e) 168/06-1076-05/10 -Jonathan 8 Oylian Savedra (Municipality of Clarington) - construction of a deck f) 168/06-1077-05/10 -Municipality of Port Hope -Emergency dredge of west side of west harbour g) 168/06-1078-05/10 - Jeromey Shortt (Municipality of Clarington) -Construction of garage and house addition h) 168/06-1079 -05/10 -Jill and John Easton (Municipality of Clarington) - Construction of replacement deck FA 25/10 MOVED BY: Bob Spooner SECONDED BY: Twila Marston THAT the Full Authority approve permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None Information request requiring Full Authority discussion: a) John Robson, Town of Cobourg -proposed addition to existing dwelling Greg Wells, Manager of Planning and Regulations, outlined the request for information and requested direction from the Board. A property with a current foundation is for sale and the prospective buyer is proposing to build on the existing foundation which exceeds the 300 square feet maximum the A~;-ihority would normally allow. However, because the foundation predates regulations and is the original foundation an exception should be considered. FA 26/10 MOVED BY: Bob Spooner SECONDED BY: Brian Fallis THAT the Full Authority direct staff to proceed with providing an approval in principle to the information request based on the information provided and. FURTHER THAT the action taken is non-precedent setting due to the unique aspects of the file. CARRIED. 12. Committee Reports: None. 13. New Business: Minutes FA 03/10 Page 6 None. 14. Other Business: a) 2010 Budget Miriam Mutton asked if there were any significant changes from the preliminary budget and staff responded that there were no significant changes. FA 27/10 MOVED BY: Cal Morgan SECONDED BY: Mark Lovshin THAT the Full Authority approve the 2010 Budget. CARRIED. FA 28/10 MOVED BY: SECONDED BY: Charlie Tim Twila Marston THAT the Full Authority direct staff to review the fire plan for the Ganaraska Forest and contact fire committee including municipal members and prepare a report for the Board's next meeting. CARRIED. 15. In Camera FA 29/10 MOVED BY: Twila Marston SECONDED BY: Charlie Trim THAT the Full Authority go in camera. CARRIED. FA 30/10 MOVED BY: Bob Spooner SECONDED BY: Cal Morgan THAT the Full Authority go out of camera. CARRIED. The Full Authority provided direction to staff to write a letter of response and circulate the letter to the Board members. 16. Adjourn The meeting adjourned at 9:05 p.m. on a motion by Bob Spooner. CHAIR AO/SECRET RY-TREASURER • ~~ n Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF JUNE 28, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 21, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-019-10 Monthly Report on Building Permit Activity for May, 2010 (b) ESD-010-10 Monthly Response Report -April & May 2010 (c) CLD-017-10 2010 Municipal Elections -Accessibility Measures (d) FND-018-10 Report on Revenue Sensitive to Economic Conditions - May 2010 (e) CLD-019-10 Newcastle Recycling Property Confidential 2. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AFARM-RELATED COMMERCIAL USE - 2165 HIGHWAY 2, MAPLE GROVE APPLICANT: JIM HAMILTON, WELCOME FEEDS THAT Report PSD-075-10 be received; THAT, since no significant issues were raised at the Public Meeting, the rezoning application submitted by Jim Hamilton be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-075-10 be passed; and THAT all interested parties listed in Report PSD-075-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 - 2 - June 28, 2010 3. DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT RESPONSE TO INFORMATION REQUEST FROM JOINT REVIEW PANEL THAT Report PSD-076-10 be received and approved as the Municipality of Clarington's response to the letter dated March 25, 2010 from Mr. Alan Graham, Chair of the Joint Review Panel for the Darlington New .Nuclear Power Plant Project; THAT Council adopt the following resolution: "WHEREAS the Darlington Nuclear Generating Station has been a significant part of the Municipality of Clarington since the 1980s, and has provided many positive benefits to the community with minimal adverse effects on the natural environment; AND WHEREAS Municipality of Clarington Council and Staff have attended numerous meetings and information sessions with respect to the Darlington. New Nuclear Power Plant Project and are therefore very knowledgeable with respect to the Project; AND WHEREAS the Municipality of Clarington retained a qualified team of professionals to undertake a detailed peer review of the draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project and, on the basis of this peer review, can state with confidence that the Environmental Impact Statement meets the requirements of the Guidelines for the preparation of the document and that it satisfactorily addresses the Municipality's issues and concerns with respect to the Project; AND WHEREAS the Council and the residents of the Municipality of Clarington have been steadfast in their support for the proposed Darlington New Nuclear Power Plant Project and are eager to have nuclear power generation continue as a positive presence in our community; AND WHEREAS Council and the community of Clarington are very concerned that the Joint Review Panel is considering the use of cooling towers for the Darlington New Nuclear Power Plant Project in order to minimize the impact on aquatic organisms and habitat; AND WHEREAS the Municipality of Clarington's peer review of the Draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project agreed with the study's conclusions that the once-through lakewater cooling system as recommended by Ontario Power Generation would operate with minimal impact on the aquatic organisms and habitat in Lake Ontario, while the construction and operation of cooling towers would result in long term adverse impacts on the socio-economic environment of Clarington and Durham Region; Report #1 - 3 - June 28, 2010 NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington hereby advises the Joint Review Panel that it supports aonce- through lakewater cooling system for the Darlington New Nuclear Power Plant Project and strongly opposes the use of any cooling tower technology; AND FURTHER THAT the Council of the Municipality of Clarington strongly urges the Joint Review Panel to give appropriate consideration to the negative socio-economic effects on the Municipality of Clarington and Durham Region that would result from the construction and operation of cooling towers for the Darlington New Nuclear Power Plant Project"; and THAT a copy of Report PSD-076-10 and Council's decision be forwarded to the Joint Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington Board of Trade, and the Central Lake Ontario Conservation Authority. 4. PORT GRANBY PROJECT -RESOURCE PERSON FOR THE PROPERTY VALUE PROTECTION PROGRAM; CONSULTING AGREEMENT WITH REALTY SERVICES LTD. THAT Report PSD-077-10 be received; THAT the requirements of Purchasing By-law # 2006-127 be waived and an Agreement with Ryan Realty Services Ltd. for Consulting Services related to a Property Value Protection Program Resource Person for the Port Granby Project, to extend to December 31, 2018 and attached to Report PSD-077-10 as Attachment 5, be approved; THAT $25,000 be set aside from the Port Granby LLRW Agreement Reserve and drawn upon as required pursuant to the terms of the consulting agreement; THAT Staff provide a future report on the discussions with the Port Hope Area Initiative Management Office regarding reimbursement of the costs of the Resource Person; THAT the By-law attached to Report PSD-077-10, as Attachment 6, authorizing the Mayor and Clerk to execute the Agreement, be approved; and THAT all interested parties listed in Report PSD-077-10 and any delegations be advised of Council's decision. Report #1 - 4 - June 28, 2010 5. RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER ECONOMIC BASE AND EMPLOYMENT LANDS DISCUSSION PAPER THAT Report PSD-080-10 be received; and THAT the Region of Durham and all interested parties listed in Report PSD-080-10 be advised of the release of the Discussion Paper. 6. MILL STREET PEDESTRIAN TUNNEL STATUS UPDATE -NEWCASTLE VILLAGE THAT Report EGD-020-10 be received; THAT the selection of the Steel Pipe Roof Reinforcement method of construction recommended by AECOM as detailed within Report EGD-020-10 be endorsed; THAT the Proposed Construction Schedule as attached to Report EGD-020-10 be endorsed; THAT a copy of Report EGD-020-10 be forwarded to the Canadian Transport Agency, Transport Canada and the Canadian National Railway. 7. SUPPORT OUR TROOPS BANNERS THAT Report OPD-001-10 be received; THAT staff be authorized to proceed with the recommendations for Support Our Troops banners in Clarington; and THAT all interested parties be notified of Council's decision. 8. 2010 WINTER BUDGET REPORT THAT Report OPD-002-10 be received for information; THAT the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be confirmed as per the 2010 approved budget with an annual administration fee for the 2010 - 2011 service to remain at $60.00 plus HST per registered property; and THAT the deadline for applications to be received by October 15, 2010. Report #1 - 5 - June 28, 2010 9. MINIMUM MAINTENANCE STANDARDS THAT Report OPD-003-10 be received; THAT $35,000 plus tax be approved for sign reflectivity contract to meet the new 2010 Minimum Maintenance Standards; THAT the cost be expensed against the current budget account #100-36-384-10315-7112 Traffic Signs -Misc. Operating Expense resulting in an over expenditure in 2010; and THAT this cost be included in future annual budgets. 10. EMERGENCY. AND FIRE SERVICES -GOVERNING BY-LAW UPDATE THAT Report ESD-008-10 be received; THAT the updated Emergency and Fire Services Governing By-Law (Attachment #3 to Report ESD-008-10) be forwarded to Council for approval; and THAT the outdated By-Law #2007-134 (Attachment #2 to Report ESD-008-10) be rescinded. 11. MEMORANDUM OF UNDERSTANDING -CANADIAN RED CROSS THAT Report ESD-009-10 be received; THAT the conditions outlined in the Memorandum of Understanding with -the Canadian Red Cross and Clarington Emergency and Fire Services, attached to Report ESD-009-10, be endorsed, THAT the Mayor and Clerk be authorized to enter into the Memorandum of Understanding with the Canadian Red Cross and Clarington Emergency and Fire Services, attached to Report ESD-009-10; and THAT the by-law attached to Report ESD-009-10 authorizing the Mayor and Clerk to enter into the Memorandum of Understanding with the Canadian Red Cross be approved. 12. SUPPLEMENTARY RATES AND FEES THAT Report CSD-008-10 be received; and THAT the Supplementary Rates and Fees as outlined in Attachment 1 to Report CSD-008-10 be approved. Report #1 - 6 - June 28, 2010 13. APPOINTMENT TO NEWCASTLE ARENA BOARD THAT Report CLD-018-10 be received; THAT Mr. Gordon Blaker be appointed to the Newcastle Memorial Arena Board; THAT an amendment to By-law 2008-040 be approved; and THAT all interested parties listed in Report CLD-018-10 be advised of Council's decision. 14. SPORT FIELD JOINT USE AGREEMENT - KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD THAT Report COD-027-10 be received; THAT a joint use agreement between the Municipality of Clarington and Kawartha Pine Ridge District School Board be approved, as set out in Schedule "A" to Report COD-027-10; and THAT the By-law marked "Schedule B", attached to Report COD-027-10 authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. 15. CO-OPERATIVE TENDER NO. T-279-2010 -DELIVERY OF SODIUM CHLORIDE THAT Report COD-030-10 be received; THAT Shepstone Haulage Limited, Port Perry, Ontario, with a total bid price of $24,464.12 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-279-2010, be awarded the contract to deliver approximately 9,100 tonnes of sodium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contract be extended for a second, third, fourth and fifth year; and THAT the funds expended be drawn from the Operations Department Winter Control/Sanding/Salting Miscellaneous Operating Supplies Account #100-36-383-10295-7112. Report #1 - 7 - June 28, 2010 16. CO-OPERATIVE TENDER NO. T-282-2010 -SUPPLY & DELIVERY OF WINTER SAND THAT Report COD-031-10 be received; THAT Kovac Sand and Gravel Limited, Pontypool, Ontario, with a total bid price of $89,370.72 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-282-2010, be awarded the contract to supply and deliver approximately 13,500 tonnes of winter sand, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contract be extended for two additional one year terms; and THAT the funds expended be drawn from the Operations Department Winter Control/Sanding/Salting Miscellaneous. Operating Supplies Account 100-36-383-10295-7112. 17. 2007/2008/2009 ARBITRATION AWARD FOR THE COLLECTIVE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CLARINGTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION THAT Report COD-033-10 be received; THAT the Arbitration Award (Attachment #1 of Report COD-033-10) issued by Arbitrator Kevin Burkett be implemented as directed and be incorporated as appropriate into the 2007/2008/2009 Collective Agreement between the Municipality of Clarington and the Clarington Professional Fire Fighters Association, Local 3139; THAT the Award amendments be applied effective, as soon as reasonably possible, or the first of the month following Council approval of the report adopting the Award, unless otherwise specified in the Award under Attachment #1 of Report COD-033-10; and THAT the appropriate by-law be forwarded to Council for approval. Report #1 - 8 - June 28, 2010 18. TENDER NO. CL2010-23 -DRIVEWAY TIE-INS THAT Report COD-034-10 be received; THAT Melrose Paving Company, Etobicoke, Ontario, with a total bid in the amount of $46,400.02 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-23, be awarded the contract for Driveway Tie-Ins, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100-36-381-10250-7163 Pavement Resurfacing. 19. BROADBAND -RURAL CONNECTIONS PROGRAM APPLICATION UNDER THE REGION OF DURHAM 2010 THAT Report COD-036-10 be received; THAT Council confirms that it considers Broadband service to be a priority issue for the residents and businesses of the Municipality of Clarington; THAT staff be authorized to assist the Region of Durham by providing information and support in processing its application for Broadband funding under the Rural Connections Broadband 2010 Program for the Regional Municipalities; THAT if it is determined to be an absolute necessity that the Region requires use of Municipal infrastructure, similar to the Region's approved policy for infrastructure use on Broadband initiatives as in-kind contribution to the application, the Chief Administrative Officer, in consultation with the Department Head, be authorized to consider the request for approval or denial; and THAT the Region of Durham be advised, and thanked for taking the lead in the application to the Rural Connections 2010 Program on behalf of the Regional Municipalities. 20. CL2010-10, JANE STREET RECONSTRUCTION THAT Report COD-037-10 be received; THAT Tedescon Infrastructure Ltd, Woodbridge, ON with a total bid in the amount of $1,155,663.10 (net HST rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2010-10, be awarded the contract for Jane Street Reconstruction as required by the Engineering Department; Report #1 - 9 - June 28, 2010 THAT the funds required in the amount of $1,405,500.00 (which includes $1,135,675.22(exclusive of HST) for tendering, design contract administration and contingencies) be drawn from the Account # 110-32-330-83342-7401 and # 110-32-330-83212-7401; THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regioral Infrastructure; and THAT the By-Law marked as Schedule "A", attached to Report COD-037-10, authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 21. BUILDING PERMIT FEES ANNUAL REPORT FOR 2009 THAT Report FND-017-10 be received for information; and THAT existing building division fees be confirmed with no change required. 22. ENERGY MANAGEMENT STEERING COMMITTEE -UPDATE THAT Report CAO-005-10 be received; THAT the draft Energy Management Plan be received; THAT staff be authorized to proceed with the completion of energy audits for South Courtice Arena, Clarington Fitness Centre and Clarington Community Resource Centre with funds to be drawn from the Municipal Government Enterprise Reserve Fund.- 23. LOT MAINTENANCE BY-LAW -REPEAT OFFENDERS THAT staff review the policies with respect to receiving of complaints with respect to the enforcement of By-law 2003-046, the Lot Maintenance By-law, as they relate to repeat offenders. 24. STANLEY CUP PARADE IN ORONO THAT a Stanley Cup Parade in Orono during the summer of 2010 be approved provided the organizers of the event apply for and obtain a Road Occupancy Permit from the Engineering Services Department. ~CI11gCAIl Staff Report # 1 REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: JUNE 28, 2010 Resolution#: By-law#: Report: CLD-020-10 File#: Subject: APPOINTMENT OF PARKING ENFORCEMENT OFFICER RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-020-10 be received; and 2. THAT the attached by-law appointing Ms. Allison Genosko as a Parking Enforcement Officer be passed. Submitted by: Reviewed by: Pa ~ rrie, CMO Franklin Wu, unicipal Clerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.:CLD-020-10 Page 2 of 2 BACKGROUND The Municipal Law Enforcement Division has hired a new Parking Enforcement Officer to replace Matthew Jessop who recently left the Municipality. The new officer is Allison Genosko, a former officer with the Metro Toronto Parking Enforcement Division. Ms. Genosko will commence her duties with the Municipality on June 28 with an in- service training course organized by the Manager of Municipal Law Enforcement to familiarize her with municipal procedures and the by-laws that she will be responsible for. In order for her to be able to perform her duties, it is necessary for an appointment by-law to be passed by Council. By-law 2008-056 which appointed Matthew Jessop as a Parking Enforcement Officer must now be repealed. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to appoint an individual as Parking Enforcement Officer and to repeal By-law 2008-056 WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who' shall be peace officers for the purpose of enforcing the by-laws of the. Municipality; AND WHEREAS it is desirable to appoint Allison Genosko as a Parking Enforcement Officer for Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Allison Genosko is hereby appointed as a Parking Enforcement Officer for the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council 3. This appointment as a Parking Enforcement Officer shall remain in effect for the duration of their term of employment with the Municipality in the position of Parking Enforcement Officer. 4. By-law 2008-056 is hereby repealed. By-law read a first and second time this 28th day of June, 2010. By-law read a third time and finally passed this 28th day of June, 2010. MAYOR MUNICIPAL CLERK Staff Report # 2 • arJ~ n Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: June 28, 2010 Resolution #: Report #: PSD-081-10 File #: PLN 23.5.14 By-law #: N/A Subject: LETTER TO PREMIER REGARDING HIGHWAY 407 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-081-10 be received and the letter (Attachment.1) be endorsed. Submitted by: Reviewed by: F y Langm , FCSLA, MCIP c ng Direct r of Planning Services FUdf 23 June 2010 ~~~ ~ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-081-10 PAGE 2 1.0 BACKGROUND 1.1 At the Council meeting of June 14, 2010 the following motion was passed: "THAT staff of the Planning Services Department and Engineering Services Department prepare a report with factual information to assist Council in establishing a position to bring forward to the Ministry of Transportation regarding the extension of Highway 407 to Highway35/115" 1.2 During the week of June 14tH to 18tH, the Mayor met with the Director of Engineering Services, Acting CAO and Acting Director of Planning Services. The letter (Attachment 1) was drafted and issued by the Mayor on June 18tH 1.3 In addition, the Mayor requested the Clarington Board of Trade undertake a letter writing campaign. The Acting Director of Planning Services has assisted the Economic Development Officer in assembling information for CBOT members as a resource. 2.0 CONCLUSION 2.1 That the letter in Attachment 1 be endorsed by Council. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Letter to Premier ., ~ ~ i i d'' f -~ ~< i4 '~ } Mayor Jim Abernethy June 18, 2010 Premier Dalton McGuinty Room 281 Main Legislative Building Queen's Park Toronto, ON M7A 1 A 1 Dear Premier McGuinty: • ~~ ~ Attachment 1 pR~gEnegr i~-z'yi~ng®OBntagrio R, To Report PSD-081-10 ~.iY~ 1 Y~~L~V 1 ~®1tl REVIE4"DEL BY ORIGINRL 70: ^ CIV~ECi ON ~MATIO^ HLE ! CJ,.}~LIN~1. PM ~1~~5'S3 coPY ro: ^ MAYOR ^ ME,LIBERS ^ CAO OF COUNCIL O SEORV CES ~ O~O~~~iTy e- EMERG~SCY n ^ ENGINEERING ^ MUNICIPAL O OPERATIONS SERVICES CLERK'S O PLANNING ^ SOLICITOR ^ TREASURY , SERVICES ^ OTHER ~~ CC MUNICIPAL CLERK'S FILE ~W t~ The Municipality of Clarington was very pleased to receive the announcement on June 2, 2010 that the 407 East Environmental Assessment had been approved by the Minister of Environment. However, we are very disappointed with the subsequent Request for Qualifications issued by Infrastructure Ontario for the design and construction of the 407 to the Simcoe Street area of Oshawa, and in particular the reference that the remainder of the highway will be completed when warranted by demand. An Environmental Assessment is intended to address the impacts related to both the construction and operation of a proposed project, and to identify measures to mitigate the adverse effects of these impacts. However, the termination of the highway at Simcoe Street was not addressed in the EA, and neither were the resulting impacts on the local road network in Clarington. Delaying the undertaking by not completing it in one phase to Highway 35/115 as committed in the EA will have significant negative impacts on the local road infrastructure in the Municipality of Clarington. These roads are neither designed nor constructed to the standards necessary to carry the traffic accessing and exiting from the eastern, terminus of Highway 407 at Simcoe Street. The Municipality of Clarington worked extensively with the 407 Project Team over the past several years, and with the Ministry of Environment during the EA review period, to resolve numerous details related to the location and design of the highway to ensure that the impacts on our community would be minimized to the extent practicable. Given this level of consultation and cooperation, the Municipality of Clarington is very disappointed that the Provincial Government did not give greater consideration to the impact on our community that will now result from the staged implementation of the highway. As well, much of the goodwill that the 407 Project Team had been able to establish with residents, property owners, staff and politicians has evaporated due to this announcement: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905) 623-2582 e-mail -mayor@clarington.net ,; r S The federal/provincial FLOW announcement on March 6, 2007 committed $4.5 billion in public transit and highway infrastructure projects in the Greater Toronto Area and includes a specific reference to the extension of the Highway 407 east to Highway 35/115 by 2013. Clarington Council knew that 2013 was a very ambitious timeline and asked MTO representatives on more than one occasion if the completion of the entire highway by 2013 was feasible. We were repeatedly assured that 2013 was the expected completion date of the 407 to Highway 35/115. Notwithstanding that the conditions set out in the EA approval allow for the "staged implementation of the undertaking", there has been no discussion or consultation on the staging of the implementation. We therefore respectfully request that the Minister abide by the conclusions of the EA and the commitments made with respect to the expected completion date. It would be unreasonable and unfair to expect the Municipality of Clarington and our residents to endure the impacts that will result from not completing Highway 407 in one stage. dim Abernethy MAYOR cc: The Honourable James M. Flaherty, Department of Finance The Honourable Dwight Duncan, Ministry of Finance Minister Brad Duguid, Minister of Energy and Infrastructure Minister Kathleen Wynne, Minister of Transportation" John O'Toole, MPP, Durham Joe Dickson, MPP, Ajax-Pickering Jerry Ouellette, MPP, Oshawa Wayne Arthurs, MPP, Pickering -Scarborough East Christine Elliott, MPP, Whitby -Oshawa Rick Johnson, MPP, Haliburton - Kawartha Lakes -Brock Jeff Leal, MPP, Peterborough Regional Chair Roger Anderson, Regional Municipality of Durham Regional Councillors, Region of Durham Clarington Board of Trade, Board Members Members of Clarington Council Frank Wu, Chief Administrative Officer Faye Langmaid, Acting Director of Planning Services Anthony Cannella, Director, Engineering Services Marie Marano, Director, Corporate Services Unfinished Business #1 Resolution #GPA-364-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-078-10 be received; and THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision. SEE FOLLOWING MOTION Resolution #GPA-365-10 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-078-10 be tabled until the Council meeting of June 28, 2010 in order to allow for time to prepare a resolution to address the concerns of the residents. CARRIED • ar~n ~ RT REPO Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2010 Resolution #: By-law #: N/A Report #: PSD-078-10 File #: PLN 29.10 Subject: GREEN ENERGY ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-10 be received; and 2. THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision. Submitted by: FUav June 10, 2010 Reviewed by: ~(FCSLA, MCIP, of Planning Services ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-078-10 PAGE 2 1.0 PURPOSE:. 1.1 At the May 31st meeting, Council requested: "That Municipal Staff provide a detailed report regarding wind turbine installations in the Municipality of Clarington, including the implications of the Green Energy Act upon Clarington residents." 1.2 While Council was specific in requesting information on wind turbine installations, the Green Energy Act involves other forms of green power generation and the information regarding the background and process are general to all the forms of green energy covered by the Act. As such the report includes additional information beyond potential wind turbine installations in Clarington. 2.0 BACKGROUND 2.1 Ontario's Green Energy Act (GEA), and related amendments to other legislation, received Royal Assent on May 14, 2009. Regulations and other tools to implement the legislation were introduced through the month of September, 2009. 2.2 A Renewable Energy Facilitation Office (REPO) has~been created within the Ministry of Energy and Infrastructure. The objectives of the Office are: a) to facilitate the development of renewable energy projects; b) to assist proponents with the approval processes and procedures, including public consultation, and c) to assist proponents of renewable energy projects with other potential requirements imposed by the Government of Canada. 2.3 The new Renewable Energy Approval (REA) process will support the Green Energy initiative and the Ontario Government's Climate Change Action Plan that aims to reduce greenhouse gas emissions, increase renewable energy generation and energy conservation and create thousands of green jobs in Ontario. Information on "Frequently Asked Questions" is available from the REPO office or on the website (Attachment 1). 2.4 The REA integrates provincial review of the environmental issues and concerns that were previously addressed through the local land use planning process (e.g. zoning or site planning), the environmental assessment process and the environmental approvals process (e.g. Certificates of Approval, Permits to Take Water). Municipalities no longer have an approval role for Green Energy projects, rather they have an information provision and commenting role. REPORT NO.: PSD-078-10 PAGE 3 3.0 REQUIREMENTS FOR A RENEWABLE ENERGY APPROVAL 3.1 Regardless of the renewable energy source (wind, solar, biogas and biomass, waterpower, geothermal) used to generate electricity most applications for an REA will require a core set of reports: a project description report; a construction plan report; a design and operations report; a decommissioning plan report; and a consultation plan report. 3.2 Additional documents will be required depending on the project location, equipment or technology being used to generate electricity. Requirements for technical reports are identified for each type of renewable energy generation facility. Drafts of these documents, among others, must be made available to the public by the applicant at least 60 days prior to the date of their final public consultation meeting, which must occur prior to submission of an application for an REA. 3.3 Under the REA Regulation, the different types of renewable energy generation facilities are categorized by class. Each class of project has unique requirements based on their nameplate capacity. Nameplate capacity is the maximum rated output of a generator under specific conditions designated by the manufacturer. Generator nameplate capacity is usually indicated in units of kilovolt-amperes (kVA) and in kilowatts (kW) on a nameplate physically attached to the energy generator. Y~aj -Yi liN~nd ~'a~c ~#iie~. Generating less than NO ~ These turbines can generate enough or equal to 3 kW of energy to power your dishwasher and ower. frid e. - Generating more YES. However, the These facilities are sometimes called than 3 kW but less requirements are scaled "small wind" and could support from 2 to than 50 kW. down to reflecf the low 38 households, or supplement a small impact nature of the commercial operation. facili Generating 50 kW YES These facilities could supplement larger and over. scale industrial needs or more households than "small wind" facilities. SQIar Ever Fac ilities , Any size roof-top or NO. However most Residential uses such as domestic hot wall-mounted. facilities mounted on water, pools; Commercial use to feed buildings, may require a back into the grid. munici al buildin ermit. Ground mounted NO These are typically found at hardware generating less than and outdoor stores. or equal to 10 kW. REPORT NO.: PSD-078-10 PAGE 4 RENEWABLE REQUIRE REA? GENERAL iNFORMATI4N/NOTES ENERGY SOURCE Ground mounted YES The average power requirement of 5 to generating over 10 10 mid-sized homes is 10 kW. kW. Note: The Regulation does not contain provisions for ground mounted solar energy facilities based on soil classification (e.g. prime agricultural land). However, a directive issued by the Minister of Energy and Infrastructure to the Ontario Power Authority (OPA) for the Feed-in Tariff program instructs the OPA not to enter into contracts for ground-mounted solar photovoltaic facilities located on certain classes of prime agricultural lands and specialty crop lands. Bio-Ener Facilities Thermal treatment, YES. The requirements Other permits may be required for off-site anaerobic that must be met vary inputs (i.e. Restaurant -food waste). digestion, biofuel depending on the project combustion (e.g. location (e.g. on a farm), biodiesel), and feedstock material and size biogas. (e.g. greater or less than 500 kW . Water Power Facilities Wave energy, run NO. These projects Hydroelectric dams follow an entirely of the river. continue to require relevant different process. environmental assessment and approvals processes under the Ministries of the Environment and Natural Resources. 4.0 REQUIREMENTS SPECIFIC TO WIND TURBINES 4.1 The GEA sets out a number of classes for wind energy depending on the scale of the development. Much of the municipal and public concerns have been with respect to large scale turbines, rather than for small or micro sized turbines. The setbacks under the GEA for large scale wind turbines are shown in Figure 1 below: Number of Wind Turbines Setback in metres (m) from closest Point of Reception corresponding to wind turbine Sound Power Levels in decibels dgA 102 dBA 103 -104 dBA 105 dBA 106-107 dBA >107 dBA 1 - 5 turbines 550 m 600 m 850 m 950 m Noise study 6 - 10 turbines 650 m 700 m 1000 m 1200 m required 11 - 25 turbines 750 m 850 m 1250 m 1500 m 26 + turbines No ise stud re uired REPORT NO.: PSD-078-10 PAGE 5 4.2 Ontario Regulation 359/09 sets out the information requirements and processing requirements surrounding Renewable Energy Approvals for projects such as the large scale wind developments. Although noise and environmental studies can be required and mandatory minimum setbacks have been imposed; concern remains that the standards do not adequately address the human health concerns associated with wind farms. Separate requirements are also outlined for offshore wind projects, which are categorized as Class 5 Wind Facilities. An Off-shore Wind Facility Report is required for any Class 5 Wind Facility, as per O. Reg. 359/09. 5.0 MANDATORY CONSULTATION REQUIREMENTS 5.1 A component of the REA process is consultation with the general public, aboriginal groups and local municipality(s). Aproponent must document what was learned through public consultation including how the project was changed in light of this information. 5.2 Public Consultation includes contact with landowners within 120 metres, a notice in the local newspaper and at least two public meetings. All of the studies and reports required as part of the REA process must be made available for public review prior to the last public meeting. Some small scale wind projects (generating less than 50 kW) are not subject to the public meetings or municipal consultation requirements of the Regulation. 5.3 Consultation with the municipality (or municipalities) is required for most renewable energy projects and must begin at least 90 days prior to the date of the final public consultation meeting. This must also be before the applicant submits an REA application. The Ministry of the Environment provides applicants with a form to document municipal feedback on matters related to municipal services and local infrastructure. The prescribed consultation form has two pages of questions for the Municipality to respond to. 5.4 The questions seek information regarding: • Roads (access, Traffic Management Plans); • Service Connections (location of service connections other than roads); • Facility Other (landscape design, emergency procedures, easements); and • Project Construction (site rehabilitation, locations of buried and above ground utilities, building code issues, natural and cultural heritage features). 5.5 The Municipality introduced a new fee for 2010 regarding the provision of comments and information for renewable energy projects. 5.6 Through the REA process, a proponent must consult, not seek approval from the Municipality. The only exception to this is when a renewable energy project requires the removal and use of aggregate materials. In this case, municipal approvals are sought for the aggregate license, not the REA. REPORT NO.: PSD-078-10 PAGE 6 6.0 RECENT CONTRACT APPROVALS BY ONTARIO POWER AUTHORITY 6.1 On April 8, 2010 Ontario Power Authority released the listing of contracts they have offered. The feed-in-tariff (FIT) administered by Ontario Power Authority is a straightforward way to contract for renewable energy generation. It provides standardized program rules, prices and contracts. Feed-in tariffs refer to the specific prices paid to renewable energy suppliers for the electricity produced by the generating facility. The pricing structure provides a reasonable return on investment and is differentiated by project size and technology type. The FIT Program is for projects over 10 kilowatts; and the microFlT Program is for projects 10 kilowatts or less. 6.2 Three contracts were offered FIT contracts, that affect Clarington. ZEP Windfarm Ganaraska in the Orono area, Clarington Windfarm by Leader Energy and Hybridyne Solarfarm. The Hybridyne Solarfarm proceeded with a rezoning application in advance of the Green Energy Act being introduced. As such, the Municipality played a more significant role and have more knowledge of this project. 7.0 WIND TURBINE PROPOSALS IN CLARINGTON 7.1 The Windfarms that have been proposed in Clarington have posted to their websites the area that they are studying (Attachment 2). The two wndfarm projects have not to date consulted with the Municipality although we have been notified of their proposals. The ZEP Windfarm proponents held a public meeting in July 2009 in Orono. 7.2 The Clarington Wind Farm proposed by Leader Energy is fora 10 Megawatt FIT .contract which would be between 3-5 turbines. While the study area identified is large, the specific location of the turbines has not been provided to the Municipality. 7.3 The Ganaraska Wind Farm proposed by ZEP is fora 20 Megawatt FIT contract which is 6-10 turbines. Again, the study area identified is large and the specific sites have not been provided to the Municipality, to date. 7.4 It is our understanding, the specific locations will not be made public until the 90 day REA consultation period is initiated by the proponents. 8.0 HEALTH ISSUES RELATED TO WIND TURBINES 8.1 Public and Municipal Concerns with Respect to Renewable Energy Development Although there are a range of public concerns from aesthetic to environmental, one of the most prominent local concerns has been the impact of large scale wind turbines on human health. In areas of Bruce and Dufferin Counties, where wind farms are already constructed, there have been a number of cases of `wind turbine syndrome', which has symptoms including: Loss of sleep or sleep disturbance, Headaches /migraines, RFpnRT Nn_~ PSD-078-10 PAGE 7 Inner ear ringing or Tinnitus, Dizziness, Vertigo, Blurred vision, Heart palpitations, High blood pressure, Psychological s#ress, or Gastrointestinal problems: Although the GEA includes setbacks of a minimum of 550 metres to sensitive receptors, members of the public concede that this distance is insufficient to combat known and unknown human health impacts. 8.2 In the past two years there have been three notable studies by medical professionals which has concluded that there are no known adverse health impacts from wind turbines, where the turbines have been properly sited: 1. "Wind Turbine Sound and Health Effects An Expert Panel Review" prepared for AWEA and CANWEA. 2. "The Health Impact of end Turbines: A Review of the Current White, Grey, and Published Literature" prepared by Chatham-Kent Public Health Unit. 3. "The Potential Health Impact of Wind Turbines" prepared by the Chief Medical Officer of Health recently released by the Association of Municipalities of Ontario (Attachments 3 and 4). 9.0 CONCLUSIONS 9.1 The Green Energy Act and the related regulations, exclude municipalities (both upper and lower tier) from the approval process. Council could support or oppose a project by notifying the Ministry of Energy and Infrastructure in writing. Council can also express to the proponent their support or opposition to a project. 9.2 The municipal role is to provide the information required on the Consultation Form when requested. The Consultation Form is provided by the proponent as part of the REA process. The Municipality has seta $5,000 fee to prepare this information. To date, other than Hybridyne Solarfarm, no requests for information have been submitted to the Municipality. 9.3 The REA process is administered by the Renewable Energy Facilitation Office. The Municipality will continue to provide as much information to the public and assist the REA process as much as possible. Staff Contact: Faye Langmaid REPORT NO.: PSD-078-10 PAGE- 8 Attachments: Attachment 1 -Frequently Asked Questions -Renewable Energy Approval: http://www.mei.gov.on.ca/en/energy/renewable/index.php?page=refo_office Attachment 2 - Windfarm Study Areas in Clarington Attachment 3 - AMO Policy Update -Wind Turbines Attachment 4 -Synopsis: http://www.health.gov.on.ca/en/public/publications/ministry_reports/wind turbine/wind_turbine. pdf Attachment 1 To Report PSD-078-10 Frequently Asked Questions -Renewable Eneray Approval Why does the ministry believe a setback of 550 metres for wind turbines is a safe distance • The minimum setback for wind projects of 550 metres will ensure noise levels do not exceed 40 decibels at buildings used by people, such as a residence. Forty decibels is approximately the noise level experienced in a quiet office or library. • The setbacks rise with the number of turbines and the sound level rating of selected turbines. For example, a turbine with a sound power level of 106 decibels has to meet a setback of 950 metres from the nearest receptor. • We're confident that the science around .550 meters is sound. We used the most conservative modelling available nationally and internationally, and our experiences in Ontario and that of other jurisdictions supports this. • Going forward, the Ministry of the Environment will develop the science to monitor and measure low frequency noise, as cunently there are no established and accepted protocols. In the future, wind farm operators may be required, through conditions of the Renewable Energy Approval, to monitor and address perceptible low frequency noise once acceptable protocols for doing so have been established. Will renewable energy development be permitted in wetlands and other ecologically sensitive areas? Protecting significant natural features such as wetlands and the hydrologic functions they support are important to this government. • The REA establishes clear rules to continue to protect significant natural features and sensitive water bodies so that renewable energy project applicants-know they must protect these important features and the hydrologic functions they support. • Renewable energy facilities will not be permitted in provincially significant wetlands in Southern Ontario or coastal wetlands. • In some instances a renewable energy facility may be permitted within 120 metres of provincially significant wetlands, but only if an environmental impact study demonstrates the ability to mitigate negative effects and is confirmed by the MNR.. How will species at risk, birds and bats be protected? • The ministry is committed to ensuring that renewable energy projects are protective of the natural environment. • Existing rules under MNR's Endangered Species Act will remain. Applicants must obtain a permit under the Endangered Species Act from MNR should their project have the potential to negatively affect a species or habitat protected under the Act. • As part of the REA for most project types, a study of the potential impacts on wildlife habitat must be completed to the satisfaction of the MNR. The proposed process integrates existing study requirements with provincial standards to ensure the natural environment is protected. How will. the environment be protected -now that the Environmental Assessment Act powers have been removed? • The new process integrates existing previous study requirements with provincial standards to ensure the natural environment is protected. • The Renewable Energy Approval process ensures transparent decision making and provides opportunity for public participation in the process. • The new process replaces what was largely a proponent driven environmental assessment framework and replaces it with clear provincial rules and requirements. How will the new approval process be any faster than the existing process? • The ministry has introduced a streamlined approvals process and a service guarantee that bring with them greater certainty for developers who follow the rules. How will I be consulted if there's a project in my community? • The renewable energy approval process ensures transparent decision making and provides opportunity for public participation in the process. • Applicants must provide written notice to all adjacent land owners, as well as public notice within a 120 metre radius of the proposed renewable energy generation facility at a preliminary stage of the project planning, and post at least two consecutive notices in a local newspaper. • For most projects, applicants must also consult with local municipalities on specific matters related to municipal land, infrastructure, services and information and will be required to post a notice in a local newspaper of general circulation within the municipality where the project is located. • Once ready to submit the application for Ministry of the Environment review, the applicant will be required to hold at least two community consultation meeting to discuss the project and its potential local impact. • Any required studies must be made available for public review 60 days prior to the date of the second or final community consultation meeting. • Municipal input is an important part of the REA process, and through a transparent decision making process local concerns can be addressed in a timely manner. How will Aboriginal communities be consulted'and the impacts on their rights considered as part of the approval? • Aboriginal consultation will be mandatory for the applicant as part of the regulatory requirements for a Renewable Energy Approval. • While the Crown will delegate certain procedural aspects of consultation to an applicant, the duty to consult rests with the Crown. The Crown will work to ensure that the duty to consult is fulfilled prior to a project being eligible for approval. • During this process, aboriginal communities will have an opportunity to raise issues and concerns with the applicant and the ministry. • If the applicant has not already appropriately considered impacts on Aboriginal and treaty rights, the Director can direct them to go back and consult before accepting their application for review. • The Director will also consider the impacts of a project on aboriginal and treaty rights when setting conditions in the renewable energy approval. What role will municipalities have in siting wind turbine projects? • The ministry recognizes the importance of local decision making with respect to specific matters related to municipal land, services and information. • A proponent of a renewable energy project will have to consult with local municipalities prior to applying for a Renewable Energy Approval. • The ministry has developed a template for this consultation, which the proponent will, use to relay. project specific matters raised by the municipality. This document is to be submitted to the ministry as part of the application. • The renewable energy approval process would ensure transparency of decision making and provide opportunity for municipal engagement in the process. How do I know if my project needs approval? • Wind power facility projects over three kW will require a Renewable Energy Approval (REA). The 'requirements that must be met to obtain a REA vary depending on the project's output (mW). For wind facilities generating between three and 50 kW, known as small wind projects, requirements are simplified and there are no mandatory setbacks. Facilities mounted on buildings may require building permits. For further information, contact the local building permit department. • Solar power facility projects that are roof-top orwall-mounted solar facilities are exempt from a Renewable Energy Approval. Any ground-mounted solar facility capable of producing over 10 kW will require a REA. Ten kW is the average energy requirements of five to 10 households and uses a surface area of about 55 square metres. • Bio-energy power facility projects must use biogas or biomass source material as defined under the Electricity Act. Bio-energy projects that are located on a farm and are already subject to an approved Nutrient Management Strategy under the Nutrient Management Act are exempt from obtaining a Renewable Energy Approval. • Water power facility projects do not require a Renewable Energy Approval. The Water Power Class Environmental Assessment dated October 2008 is the source document for understanding the rules governing -the development of water power projects. Water power projects must also obtain the existing permits and approvals from the Ministry of the Environment and Ministry of Natural Resources. • For more information on renewable energy generation projects, and what is required for approvals, please contact the Renewable Energy Facilitation Office at REFOCa~ontario.ca or 1-877-440-REFO(7336) or (416) 212-6582. As a developer do I have to send multiple applications to different ministries to get my project approved? • The Ministry of the Environment now has a single approval. The process integrates existing study requirements with provincial standards to ensure the natural .environment is protected. • The Ministry of Natural Resources will continue to issue its approvals under its existing legislation but in a fashion that is coordinated with the Renewable Energy Approval providing clear guidance to help proponents through the process. Though multiple approvals are being issued based on experience and mandates of various ministries there will still be aone-window approach for renewable energy project approvals through a facilitator's office. What happens to wind and other renewable energy projects that are part way through the current approval process? • It is proposed that projects currently holding all required approvals for their facility, such as a Certificate of Approval, will not require a Renewable Energy Approval and will not be subject to the new rules, unless or until an amendment to the Certificate of Approval is required. • The ministry recognizes that there are projects where substantial work has been done to date but yet all final approvals have not been obtained. • Projects that have an Ontario Power Authority contract and have issued a notice of Completion at the time. of the regulation's proclamation continue with EA process and apply for a Certificate of Approval. These projects, however, must comply with the 550 metre minimum noise setback and the new property and road setbacks will apply. • Some projects -such as solar and biogas/biomass - do not require an environmental approval under the current rules, but will require a REA under the new rules. If these projects have an OPA contract and would have not been prohibited under municipal zoning prior to proclamation, they will be able to apply for a Certificate of Approval instead of a Renewable Energy Approval. • It is proposed that where projects that have ministry approvals (e.g., a Permit to Take Water or Certificate of Approval) will not be required to get a Renewable Energy Approval unless there is a need for a change to the approval or permit. What if I have a question about the application? Is there someone that I can contact for more information/assistance? • For more information, please contact the Renewable Energy Facilitation Office (REPO) by email: REPO@ontario.ca, or by telephone:1-877-440-REFO(7336) or (416) 212-6582 Attachment Z !To Resort PSD-078-10 2EP Wind Farm Ganaraska Energy Farming Ontario Study Area Clarington Wind Farm Leader Energy.ca Study Area Hybridyne Solar Farm LAKfi ONTARIO AMU ~ (;hiei: Medical Uiticer of Health Keleases Keview of Potential Health Impact of W... Page 1 of 1 Attachment 3 To Report PSD-078-10 association of ~{unicipa{itirs of Ontario AMO Polity Update -May 27, 2010 • ~' Wind Turbines Assc-riation of ,ti{unicipalilics of Ontario Chief Medical Officer of Health Releases Review of Potential Health Impact of Wind Turbines A technical working group led by the Chief Medical Officer of Health (CMOH) has just released a synopsis of existing scientific evidence on the potential health impact of noise generated by wind turbines. The results are of interest to the municipal sector because the working group sought to answer questions commonly raised by those concerned with perceived health effects of wind. turbines such as: • What scientific evidence is available on the potential health impacts of wind turbines? • What is the relationship between wind turbine noise and health? . • What is the relationship between low frequency sound, infrasound and health? • How is exposure to wind turbine noise assessed? • Are Ontario wind turbine setbacks protective from potential wind turbine health and safety hazards? • What consultation process with the community is required before wind farms are constructed? • Are there data gaps or research needs? The review concludes that while some people living near wind turbines report symptoms such as dizziness, headaches, and sleep disturbance, the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects_ There was no support for claims that the noise, shadow flicker, electromagnetic fields, vibration, ice throw, or low frequency sound associated with wind turbines cause adverse health effects. In terms of the regulatory environment governing wind turbines (a synopsis of which is available under Policy Issues on the AMO website), the report found the 550 m setback is adequate but that community engagement deserves "greater attention in future developments". Early engagement of the affected community at the outset of planning for wind turbines is important to not only address perceived health concerns about wind farms but also to address issues of fairness and equity, which also may influence attitudes about effects on health. AMO Contact: Scott Vokey, Energy Services Coordinator, email: svokey@amo.on.ca, (416) 971-9856 ext. 357 http://www.amo.on.calAM/PrinterTemplate.cfm?Section=Home&TEMPLATE=/CM/HTM... 6/1 /2010 Attachment 4 To Report PSD-078-10 Chref Medical Officer of Health ~CMO~} deport May 201Q Summary of Review This report was prepared by the Chief Medical Officer of Health (CMOH) of Ontario in response to public health concerns about wind turbines, particularly related to noise. Assisted by a technical working group comprised of members from the Ontario Agency for Health Protection and Promotion (OAHPP), the Ministry of Health and Long-Term Care (MOHLTC) and several Medical Officers of Health in Ontario with the support of the Council of Ontario Medical Officers of Health (COMOH), this report presents a synopsis of existing scientific evidence on the potential health unpact of noise generated by wind turbines. The review concludes that while some people living near wind turbines report symptoms such as dizziness, headaches, and sleep disturbance, the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. The sound level from wind turbines at common residential setbacks is not sufficient to cause hearing impairment or other direct health effects, although some people may find it annoying. Introduction In response to public health concerns about wind turbines, the CMOH conducted a review of existing scientific evidence on the potential health impact of wind turbines in collaboration and consultation with a technical working group composed of members from the OAHPP, MOHLTC and COMOH. A literature search was conducted to identify papers and reports. (from 1970 to date) on wind turbines and health from scientific bibliographic databases, grey literature, and from a structured Internet search. Databases searched include MEDLINE, PubMed, Environmental Engineering Abstracts, Environment Complete, INSPEC, Scholars Portal and Scopus. Information was also gathered through discussions with relevant government agencies, including the Ministry of the Environment and the Ministry of Energy and Infrastructure and with input provided by individuals and other organizations such as Wind Concerns Ontario. In general, published papers in peer-reviewed scientific journals, and reviews by recognized health authorities such as the World Health Organization (WHO) carry more weight in the assessment of health risks than case studies and anecdotal reports. The review and consultation with the Council of Ontario Medical Officers of Health focused on the following questions: • What scientific evidence is available on the potential health impacts of wind turbines? • What is the relationship between wind turbine noise and health? • What is the relationship between low frequency sound, infrasound and health? • How is exposure to wind turbine noise assessed? • Are Ontario wind turbine setbacks protective from potential wind turbine health and safety hazards? What consultation process with the community is required before wind farms are constructed? Are there data gaps or research needs? The following summarizes the findings of the review and consultation. Wind Turbinesand Health 2.1 Overview A list of the materials reviewed is found in Appendix 1. It includes research studies, review articles, reports, presentations, and websites. Technical terms used in this report are defined in a Glossary (Page 11). The main research data available to date on wind turbines and health include: • Four cross-sectional studies, published in scientific journals, which investigated the relationships between exposure to wind turbine noise and annoyance in large samples of people (351 to 1,948) living in Europe near wind turbines (see section 2.2). Published case studies of ten families with a total of 38 affected people living near wind turbines in several countries (Canada, UK, Ireland, Italy and USA) (Pierpont 2009). However, these cases are not found in scientific journals. A range of symptoms including dizziness, headaches, and sleep disturbance, were reported by these people. The researcher (Pierpont) suggested that the symptoms were related to wind turbine noise, particularly low frequency sounds and infrasound, but did not investigate the relationships between noise and symptoms. It should be noted that no conclusions on the health impact of wind turbines can be drawn from Pierpont's work due to methodological limitations including small sample size, lack of exposure data, lack of controls and selection bias. • Research on the potential health and safety hazards of wind turbine shadow flicker, electromagnetic fields (EMFs), ice throw and ice shed, and structural hazards (see section 2.3). A synthesis of the research available on the potential health impacts of exposure to noise and physical hazards from wind turbines on nearby residents is found in sections 2.2 and 2.3, including research on low frequency sound and infrasound. This is followed by information on wind turbine regulation in Ontario (section 3.0), and our conclusions (section 4.0). 2.2. Sound and Noise Sound is characterized by its sound pressure level (loudness) and frequency (pitch), which are measured in standard units known as decibel (dB) and Hertz (Hz), respectively. The normal human ear perceives sounds at frequencies ranging from 20Hz to 20,000 Hz. Frequencies below 200 Hz are commonly referred to as "low frequency sound" and those below 20Hz as "infrasound," but the boundary between them is not rigid. There is variation between people in their ability to perceive sound. Although generally considered inaudible, infrasound at high-enough sound pressure levels can be audible to some people. Noise is defined as an unwanted sound (Rogers et al. 2006, Leventhall 2003). Wind turbines generate sound through mechanical and aerodynamic routes. The sound level depends on various factors including design and wind speed. Current generation upwind model turbines are quieter than older downwind models. The dominant sound source from modern wind turbines is aerodynamic, produced by the rotation of the turbine blades through air. The aerodynamic noise is present at all frequencies, from infrasound to low frequency to the normal audible range, producing the characteristic "swishing" sound (Leventha112006, Colby et al. 2009). Environmental sound pressure levels are most commonly measured using an A-weighted scale. This scale gives less weight to very low and very high frequency components that is similar to the way the human ear perceives sound. Sound levels around wind turbines are usually predicted by modelling, rather than assessed by actual m2asurements. The impact of sound on health is directly related to its pressure level. High sound pressure levels (>76dB) could result in hearing impairment depending on the duration of exposure and sensitivity of the individual. Current requirements for wind turbine setbacks in Ontario are intended to limit noise at the nearest residence to 40 dB (see section 3). This is a sound level comparable to indoor background sound. This noise limit is consistent with the night-time noise guideline of 40 dB that the World Health Organization (WHO) Europe recommends for the protection of public health from community noise. According to the WHO, this guideline is below the level at which effects on sleep and health occurs. However, it is above the level at which complaints may occur (WHO2009). Available scientific data indicate that sound levels associated with wind turbines at common residential setbacks are not sufficient to damage hearing or to cause other direct adverse health effects, but some people may still find the sound annoying. Studies in Sweden and the Netherlands (Pedersen et al. 2009, Pedersen and Waye 2008, Pedersen and Waye 2007, Pedersen and Waye 2004) have found direct relationships between modelled sound pressure level and self-reported perception of sound and annoyance. The association between sound pressure level and sound perception was stronger than that with annoyance. The sound was annoying only to a small percentage of the exposed people; approximately 4 to 10 per cent were very annoyed at sound levels between 3b and 46dBA. Annoyance was strongly correlated with individual perceptions of wind turbines. Negative attitudes, such as an aversion to the visual impact of wind turbines on the landscape, were associated with increased annoyance, while positive attitudes, such as direct economic benefit from wind turbines, were associated with decreased annoyance. Wind turbine noise was perceived as more annoying than transportation or industrial noise at comparable levels, possibly due to its swishing quality, changes throughout a 24 hour period, and lack of night-time abatement. 2.2.1 low Frequency Sound, Infrasound and Vibration Concerns have been raised about human exposure to "low frequency sound" and "infrasound" (see section 2.2 for definitions) from wind turbines. There is no scientific evidence, however, to indicate that low frequency sound generated from wind turbines causes adverse health effects. Low frequency sound and infrasound are everywhere in the environment. They are emitted from natural sources (e.g., wind, rivers) and from artificial sources including road traffic, aircraft, and ventilation systems. The most common source of infrasound is vehicles. Under many conditions, low frequency sound below 40Hz from wind turbines cannot be distinguished from environmental background noise from the wind itself (Leventhall 2006, Colby et al 2009). Low frequency sound from environmental sources can produce annoyance in sensitive people, and infrasound at high sound pressure levels, above the threshold for human hearing; can cause severe ear pain. There is no evidence of adverse health effects from infrasound below the sound pressure level of 90dB (Leventhall 2003 and 2006). Studies conducted to assess wind turbine noise indicate that infrasound and low frequency sounds from modern wind turbines are well below the level where known health effects occur, typically at 60 to 70dB. 6 A small increase in sound level at low frequency can result in a large increase in perceived loudness. This maybe difficult to ignore, even at relatively low sound pressures, increasing the potential for annoyance (Jakobsen 2005, Leventhall 2006). A Portuguese research group (Alves-Pereira and Castelo Branco 200' has proposed that excessive long- term exposure to vibration from high levels of low frequency sound and infrasound can cause whole body system pathology (vibro-acoustic disease). This finding has not been recognized by the international medical and scientific community. This research group also hypothesized that a family living near wind turbines will develop vibro-acoustic disease from exposure to low frequency sound, but has not provided evidence to support this (Alves-Pereira and Castelo Branco 200'x. 2.2.2 Sound Exposure Assessment Little information is available on actual measurements of sound levels generated from wind turbines and other environmental sources. Since there is no widely accepted protocol for the measurement of noise from wind turbines, current regulatory requirements are based on modelling (see section 3.0). 2.3 Other Potential Health Hazards of Wind Turbines The potential health impacts of electromagnetic fields (EMFs), shadow flicker, ice throw and ice shed, and structural hazards of wind turbines have been reviewed in two reports (Chatham-Kent Public Health Unit 2008; Rideout et al 2010). The following summarizes the findings from these reviews. EMFs Wind turbines are not considered a significant source of EMF exposure since emissions levels around wind farms are low. Shadow Flicker Shadow flicker occurs when the blades of a turbine rotate in sunny conditions, casting moving shadows on the ground that result in alternating changes in light intensity appearing to flick on and off. About 3 per cent of people with epilepsy are photosensitive, generally to flicker frequencies between 5-30Hz. Most industrial turbines rotate at a speed below these flicker frequencies. Ice Throw and Ice Shed Depending on weather conditions, ice may form on wind turbines and maybe thrown or break loose and fall to the ground. Ice throw launched far from the turbine may pose a significant hazard. Ice that sheds from stationary components presents a potential risk to service personnel near the wind farm. Sizable ice fragments have been reported to be found within 100 metres of the wind turbine. Turbines can be stopped during icy conditions to minuiuze the risk. Strnctaral hazards The maximum reported throw distance in documented turbine blade failure is 150 metres for an entire blade, and 500 metres for a blade fragment. Risks of turbine blade failure reported in a Dutch handbook range from one in 2,400 to one in 20,000 turbines per year (Braam et al 2005). Injuries and fatalities associated with wind turbines have been reported, mostly during constnution and maintenance related activities. Wind Turbine Regulation in Ontario The Ministry of the Environment regulates wind turbines in Ontario. A new regulation for renewable energy projects came into effect on September 24, 2009. The requirements include minunum setbacks and community consultations. 3.1 Setbacks Provincial setbacks were established to protect Ontarians from potential health and safety hazards of wind turbines including noise and structural hazards. ' The minimum setback for a wind turbine is 550 metres from a receptor. The setbacks rise with the number of turbines and the sound level rating of the selected turbines. For example, a wind project with five turbines, each with a sound power level of 107dB, must have its turbines setback at a minimum 950 metres from the nearest receptor. These setbacks are based on modelling of sound produced by wind turbines and are intended to limit sound at the nearest residence to no more than 40 dB. This limit is consistent with limits used to control noise from other environmental sources. It is also consistent with the night-time noise guideline of 40 dB that the World Health Organization (WHO) Europe recommends for the protection of public health from community noise. According to the WHO, this guideline is below the level at which effects on sleep and health occurs. However, it is above the level at which complaints may occur (VVHO 2009). Ontario used the most conservative sound modelling available nationally and internationally, which is supported by experiences in the province and in other jurisdictions (MOE 2009). As yet, a measurement protocol to verify compliance with the modelled limits in the field has not been developed. The Ministry of the Environment has recently hired independent consultants to develop a procedure for measuring audible sound from wind turbines and also to review low frequency sound impacts from wind turbines, and to develop recommendations regarding low frequency sound. Ontario setback distances for wind turbine noise control also take into account potential risk of injury from ice throw and structural failure of wind turbines. The risk of injury is minimized with setbacks of 200 to b00 metres. 3.2 Community Consultation The Ministry of the Environment requires applicants for wind turbine projects to provide written notice to all assessed land owners within 120 metres of the project location at a preliminary stage of the project planning. Applicants must also post a notice on at least two separate days in a local newspaper. As well, applicants are required to notify local municipalities and any Aboriginal community that may have a constitutionally protected right or interest that could be impacted by the project. Before submitting an application Lo the Ministry of the Environment, the applicant is also required to hold a minimum of two community consultation meetings to discuss the project and its potential local impact. To ensure informed consultation, any required studies must be made available for public review 60 days prior to the date of the final community meeting. Following these meetings the applicant is required to submit as part, of their application a Consultation Report that describes the comments received and how these comments were considered in the proposal. The applicant must also consult directly with local municipalities prior to applying for a Renewable Energy Approval on specific matters related to municipal lands, infrastructure, and services. The Ministry of the Environment has developed a template, which the applicant is required to use to document projectrspec>tic matters raised by the municipality. This must be submitted to the ministry as part of the application. The focus of this consultation is to ensure important local service and infrastructure concerns are considered in the project. For small wind projects (under 50 kV~ the public meeting requirements above are-not applicable due to their limited potential impacts. Conclusions The following are the main conclusions of the review and consultation on the health impacts of wind turbines: • While some people living near wind turbines report symptoms such as dizziness, headaches, and sleep disturbance; the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. • The sound level from wind turbines at common residential setbacks is not sufficient to cause hearing impairment or other direct adverse health effects. However, some people might find it annoying. It has been suggested that annoyance may be a reaction to the characteristic "swishing° or fluctuating nature of wind turbine sound rather than to the intensity of sound. • Low frequency sound and infrasound from current generation upwind model turbines are well below the pressure sound levels at which known health effects occur. l3u ther, there is no scientific evidence to date that vibration from low frequency wind turbine noise causes adverse health effects. • Community engagement at the outset of planning for wind turbines is important and may alleviate health concerns about wind farms. • Concerns about fairness and equity may also influence attitudes towards wind farms and allegations about effects on health. These factors deserve greater attention in future developments. The review also identified that sound measurements at residential areas around wind turbines and comparisons with sound levels around other rural and urban areas, to assess actual ambient noise levels prevalent in Ontario, is a key data gap that could be addressed. An assessment of noise levels . around wind power developments and other residential environments, including monitoring for sound level compliance, is an important prerequisite to making an informed decision on whether epidemiological studies looking at health outcomes will be useful. 10 Glossary A-weighted decibels (dBA) The sound pressure level in decibels as measured on a sound level meter using an A-weighted filter. The A-weighted filter de-emphasizes the very low and very high frequencies of the sound in a manner similar to the frequency response of the human ear. Decibel (dB) Unit of measurement of the loudness (intensity) of sound. Loudness of normal adult human voice is about 60-70 dB at three feet. The decibel scale is a logarithmic scale and it increases/decreases by a factor of 10 from one scale increment to the next adjacent one. Downwind model turbines Downwind model turbines have the blades of the rotor located behind the supporting tower structure, facing away from the wind. The supporting tower structure blocks some of the wind that blows towards the blades. Electromagnetic fields (EMFs) Electromagnetic fields are a combination of invisible electric and magnetic fields. They occur both naturally (light is a natural form of EMS and as a result of human activity. Nearly all electrical and electronic devices enut some type of EIVIE Grey literature Information produced by all levels of government, academics, business and industry in electronic and print formats not controlled by commercial publishing, i.e., where publishing is not the primary activity of the producing body. Hertz (Hz) A unit of measurement of frequency; the number of cycles per second of a periodic waveform. Infrasonnd Commonly refers to sound at frequencies below 20Hz. Although generally considered inaudible, infrasound at high-enough sound pressure levels can be audible to some people. Low frequency sound Commonly refers to sound at frequencies between 20 and 200 Hz. Noise Noise is an unwanted sound. Shadow Flicker Shadow flicker is a result of the sun casting intermittent shadows from the rotating blades of a wind turbine onto a sensitive receptor such as a window in a building. The flicker is due to alternating light intensity between the direct beam of sunlight and the shadow from the turbine blades. Sound Sound is wave-like variations in air pressure that occur at frequencies that can be audible. It is characterized by its loudness (sound pressure level) and pitch (frequency), which are measured in standard units known as decibel (dB) and Hertz (Hz), respectively. The normal human ear perceives sounds at frequencies ranging from 20Hz to 20,000 Hz. Upwind model turbines Upwind model turbines have the blades of the rotor located in front of the supporting tower structure, similar to how a propeller is at the front of an airplane. Upwind turbines are a modern design and are quieter than the older downwind models. Wind turbine Wmd turbines are large towers with rotating blades that use wind to generate electricity. 11 Appendix 1: List of Documents on Wind Turbines Journal Articles and Books Braam HGJ, et al. Handboek risico2onering windturbines. Netherlands: SenterNovem; 2005. Jakobsen J. Infrasound emission from wind turbines. J Low F`req Noise Vib Active Contr. 2006;24(3):14b-155. Keith SE, Michaud DS, Bly SHP. A proposal for evaluating the potential health effects of wind turbine noise for projects under the Canadian Environmental Assessment Act. J Low Freq Noise Vib Active Control. 2008;27(4):253-265. Leventhall G. Infrasound from wind turbines: fact, fiction or deception. Can Acoust: 2006;34(2):29-36. Pedersen E, Hallberg LR-M, Waye KP. Living in the vicinity of wind turbines: a grounded theory study. Qual Res Psychol. 2007;4(1-2):49-63. Pedersen E, Larsman P. The impact of visual factors on noise annoyance among people living in the vicinity of wind turbines. JEnvi~ron Psychol. 2008;28(4):37989. Pedersen E, Person Waye K Wind turbines: low level noise sources interfering with restoration? Environ Res Lett. 2008;3:016002. Available from: http//wwwiop.org/FJ/article/1748-9326/3/1/015002/er18_1_015002.pdf. Pedersen E, Person Waye K Wind turbine noise, annoyance and self-reported health and well-being in different living environments. Occup Environ Med. 2007;fi4(7):48U-6. Pedersen E, van den Berg F, Bakker R, Bouma J. Response to noise from modern wind farms in The Netherlands. J Acoust Soc Am. 2009;126(2):634-43. Pedersen E, Waye KP. Perception and annoyance due to wind turbine noise - adose-response relationship. . JAcoust Soc Am. 2004;116(6):3460-70. van den Berg GP. Effects of the wind profile at night on wind turbine sound. J Sound Vlb. 2004;277(4-5):955-970. Available from: http://www.nowap.co.uk/docs/windnoise.pdf. Grey Literature Chatham-Kent Public Health Unit The health impact of wind turbines: a review of the current white, grey, and published literature. Chatham, ON: Chatham-Kent Municipal Council; 2008 [cited 2010 Mar b]. Available from: . http://www.vind-works. org/Large7lirbines/Health~20and9fi20 Win d4t~220by'Ni20GK4U20Health~Nu20Unitpdf. Colby WD, Dobie R, Leventhall G, Lipscomb DM, McCunney RJ, Seilo MT, et al. Wind turbine sound and health effects. An expert panel review: American Wind Energy Association & Canadian Wind Energy Association; 2009 [cited 2009 Dec 21]. Available from: http://www canwea.ca/pdf/talkwind/Wmd_Turbine_Sound_and_Health_ Effects.pdf. Rideout K, Copes R, Bos C. Wind turbines and health. Vancouver. National Collaborating Centre for Environmental Health; 2010 Jan [cited 2010 Mar 6]. Available from: httpJ/www ncceh.ca/files/Wfnd_Turbines January_2010.pdf. Wind turbines and Health: a review of evidence. Toronto: Ontario Agency for Health Protection and Promotion; 2009 (cited 2010 Mar 5]. Available from: http://www.oahpp.ca/resources/documents/presentations/2009sept10/ Wmd9620Turbines9620-9620Sept9ti201096202009.pdf. Environmental Protection Agency, Office of Water. Auxiliary and supplemental power fact sheet: wind turbines. Washuigton, DC: Environmental Protection Agency; 2007 [cited 2010 Jan 7]. Available from http://www.epa.gov/ owm/mtb/wind_final.pdf. 12 Leventhall G, Pelmear P, Benton S. A review of published research on low frequency noise and its effects. London, England: Department for Environment, Food and Rural Affairs; 2003 [cited 2010 Mar 6]. Contract No.: EPG 1/2/b0. Available~from: http://www.defra.govuk/environment/quality/noise/research/lowfrequency/documents/ lowfregnoise.pdf. Minnesota Department of Health, Environmental Health Division. Public health impacts of wind turbines. Saint Paul, MN: Minnesota Department of Commerce, Office of Energy Security; 2009 [cited 2010 Mar 6]. Available from: http://energyfacilities.puc.state.mn.us/documents/Public~9620Health°~20Impacts9620o~i620Wmd%20 Turbines,%205.22.099~620Revised.pdf. National Research Council, Committee on Environmental Impacts of Wind-Energy Projects. Environmental impacts of wind-energy projects. Washington, DC: National Academies Press; 2007. Ontario. Ministry of the Environment. Frequently asked questions: renewable energy approval. Toronto: Queen's Printer for Ontario; 2009. Available from: http://www.ene.govon.ca/en/business/green-energy/ docs/FAQs4o20-fmal.pdf. Ontario. Ministry of the Environment. Noise guidelines for wind farms: interpretation for applying MOE NPC publications to wind power generation facilities. Toronto: Queen's Printer for Ontario; 2008 [cited 2010 Mar 6]. Available from: htip://www.ene.gov on.ca/publications/4709e.pdf. Ontario. Ministry of the Environment. Development of noise setbacks for wind farms: requirements for compliance with MOE noise limits. Toronto, ON: Queen's Printer for Ontario; 2009. Available from httpJ/www.ene.gov.on.ca/en/businessJgreen-energy/docs/WmdNoiseSetbacks.pdf. Pedersen E. Human response to wind turbine noise: perception, annoyance and moderating factors. Goteborg, Sweden: Goteborgs Universitet, Sahlgrenska Acedemy, Department of Public Health and Community Medicine; 2007 [cited 2010 Mar 6]. Available from: http://gupea.ub.gu.se/dspace/bitstream/L077/443U1/gupea 2077_4431_l.pdf. Pierpont N. Wind turbine syndrome: a report on a natural experiment [pre-publication draft]. Santa Fe, NM: K-Selected Books; 2009 [cited 2010 Mar 6]. Available from: http://www.windturbinesyndrome.com/wp-content/ uploads/2009/03/ms-ready-for-posting-on-wtscom-3-7-09.pdf. Ramakrishnan R (Aiolos Engineering Corporation). Wind turbine facilities noise issues. Toronto: Queen's Printer for Ontario; 2007 [cited 2010 Mar 5]. Report No.: 4071/2180/AR155Rev3. Available from: https:!/ozone.scholarsportal.info/bitstream/1873/13073/1/283287.pdf. Rogers AL, Manwell JF, Wright S. Wind turbine acoustic noise: a white paper. Amherst, MA: University of Massachusetts at Amherst, Department of Mechanical and Industrial Engineering, Renewable Energy Research Laboratory; 2006 [cited 2010 Mar 6]. Available from: http:%/www.ceere.org/rerUpublications/whitepapers~Wfnd_ Turbine_Acoustic_Noise_Rev2006.pdf. van den Berg F, Pedersen E, Bouma J, Bakker R. Project WINDFARMperception: visual and acoustic impact of wind turbine farms on residents: final report. Groningen, Netherlands: University of Groningen; 2008 [cited 2010 Mar 5]. Published jointly by the University of Groningen and the University of Gothenburg. Available from: http://www.tyind-watch. org/documents/wp-content/uploads/wfp-fuial- l .pdf. Whitford J. Model wind turbine by-laws and best practices for Nova Scotia municipalities: fmal report. Halifax, NS: Union of Nova Scotia Municipalities; 2008 [cited 2009 Apr 21]. Contract No.: 1031581. Available from: http://www sustainability-unsm.ca/our-work.html. 13 Unfinished Business #2 PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW FOR THE CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-366-10 ' Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-079-10 be received; THAT Official Plan Amendment No. 57 to the Clarington Official Plan as contained in Attachment 3 to Report PSD-079-10 be adopted and that the necessary By-law be passed; THAT staff be requested to present the zoning by-law to implement Official Plan Amendment No. 57 at the first meeting of the General Purpose and Administration Committee Meeting in September 2010; and THAT all interested parties listed in Report PSD-079-10 and any delegations be advised of Council's decision. SEE FOLLOWING MOTION Resolution #GPA-367-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Report PSD-079-10 be tabled until the Council meeting of June 28, 2010. CARRIED • ~~ ~ Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: June 28, 2010 Resolution #: By-law #: N/A Addendum to Report #: PSD-079-10 File #: COPA 2007-0011 and PLN 14.10 Subject: PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN FOR THE CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-079-10 be lifted from the table; 2. THAT Addendum to Report PSD-079-10 and Report PSD-079-10 be received; 3. THAT Map A Land Use and Primary Roads dated June 8, 2010, the final page of Attachment 3 in Report PSD-079-10 be replaced with Map A Land Use and Primary Roads dated June 22, 2010 as shown on Attachment 2 to the Addendum to Report PSD-079-10; 4. THAT Official Plan Amendment No. 57 (Attachment 3 to Report PSD-079-10 as revised by Recommendation #3) be adopted and that the necessary by-law be passed; 5. THAT Staff be requested to bring forward the zoning by-law to implement Official Plan Amendment No.57 at the first meeting of the General Purpose and Administration Committee Meeting on September 13, 2010; and 6. THAT all interested parties listed in this Addendum to Report PSD-079-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-079-10 Submitted by: Reviewed by: y Lang aid, SLA, MCIP c ng Director of tanning Services PAGE 2 ~~~~ ~~~ Franklin Wu, Chief Administrative Officer DJ/COS/df 23 June 2010 ADDENDUM TO REPORT NO.: PSD-079-10 PAGE 3 1.0 BACKGROUND 1.1 On June 21, 2010, Staff submitted a recommendation Report PSD-079-10 to the General Purpose and Administration Committee. The Report sought to finalize. the planning framework and implementation strategy for the development of a Technology Business Park through certain amendments to the Clarington Official Plan and the adoption of a Secondary Plan. At the meeting the Committee heard the following delegation: Bryce Jordan from Semas Associates, addressed the Committee on behalf of Brain and Kevin Hoskin and indicated that although the revised Official Plan Amendment, for the most part, takes their clients concerns into account, the revised Map A Land Use and Primary Roads being recommended designates developable table land on their clients' property as Environmental Protection. Mr. Jordan acknowledged that this is the targeted area for a communal storm water management pond; however, the lands are not inherently non-developable and should not be rendered such by Clarington's planning documents. Further, there is no certainty that the table lands will become a pond; and to designate them as Environmental Protection devalues the lands and is the equivalent to expropriation. Mr. Jordan indicated their client had anticipated that the Land Use Schedule would look like the "Preliminary" Land Use and Primary Roads map provided to them in November, 2007. A copy of the "Preliminary" Plan dated November 14, 2007 is enclosed as Attachment 1. 1.2 Staff recommended and Committee concurred that Report PSD-079-10 should be tabled to .allow Planning Services Staff, Mr. Jordan and his client (Mr. Hoskin) to meet and address potential solutions to their concerns. 2.0 DISCUSSION 2.1 Planning Staff met with Mr. Jordan and Kevin Hoskin to discuss their concerns with the proposed land use designation, during the week of June 21St 2010. 2.2 Staff indicated at the meeting that upon re-examination of the matter it would not be appropriate at this time to designate developable lands in advance to "Environmental Protection". Staff agree with Mr. Jordan and his client that the "Environmental Protection" portion of the map should reflect current conditions on site; with the exception of where Bennett Creek is to be re-established. Sufficient provision through the Secondary Plan policies have been included to secure the lands for a future publicly owned centralized storm water facility. 2.3 Both parties agreed to a Map A Land Use and Primary Roads dated June 22, 2010 (Attachment 2) that recognizes the current developable areas and the regional storm ADDENDUM TO REPORT NO.: PSD-079-10 PAGE 4 flood line limits on the lands in question, and includes a * symbol that represents the approximate location of the future stormwater facilities. 3.0 CONCLUSION 3.1 It is recommended that the proposed Official Plan Amendment 57, Attachment 3 to Report ~PSD-079-10, be adopted with Attachment 2 from this Addendum Report being substituted for Map A Land Use and Primary Roads (the June 22, 20-10 map being substituted for the June 8, 2010 map). Attachments: Attachment 1 -Copy of Preliminary Secondary Plan Land Use Map dated November 14, 2007 Attachment 2 -Revised Map A Land Use and Primary Roads dated June 22, 2010 Attachment 3 - By-law to Adopt Amendment No. 57 List of interested parties to be advised of Council's decision: Holburn Biomedical Corp. 720114 Ontario Inc. 812640 Ontario Inc. Edward Jake Snyder Donald James Alford Anglo York Industries Anna Bruno Ronald Cooke Leon and Karen Devera Eugene and Sharon Dupuis East Bowmanville Industrial James and Constance Gawley Ruth and Ellen Gray 1524103 Ontario Ltd. Brian and Kevin Hoskin Jose Ibanez Blake Johnston Terrance Price Barry and Jayne Salisbury Anthony and Sylvian Suanders Elliot and Joan Tremeer Veridian Connectins Inc. Samuel Gale Montgomery John Buddo Ron Cooke Dean Robert Perkin 2037630 Ontario Limited George William Farr Farrview Holdings Inc. Levin Samuel Blagrove Region of Durham Planning Central Lake Ontario Conservation Mike Donovich To Addendum Report PSD-079-10 To Addendum Report PSD-079-~ ~ J~ /~ ~ aa V /' ~ Q Q C9 i ~ O w ~ zYg 8° Q ~ zwp ~ ~~ ~ Z ~ °v~~,o ~ ~~ ~ zmw ~ `~~ d ~ ~~ O `°~ ZU Q ~~ ~o ~~ ..... • ,f ,f~~fkG ~k "Jy`' ~ ~ ~~f o • a • .. • • c fr E i•• i y 3 C1 ~ fC • ! . (p C • ~ f6 • • f! •r ~ •••• • ~ ~ • L • ~ t i f4 ~ f ~ ~ ~ ~ € .~ ~ ~ y` ~ c~ a o ~~ ~ ... ~ y, ~ ~ ~ m o .; ~ v° ~ o • o E ~- ~ ~ .. ~,~, ..................• a pp ~, W CJ . ~ ~Jp f ~ ~ Gl QN~ • ~ `N X C Q ~ ~ r ~ ~~; ~ k~, >+ ..~„ O N ~ ~aq O t C Q O edvatei ~ ~ ~ ~ p, c ca ~ W rn~ ~ rn ' ~ ~C 'y L ~""3""°~' ~' m U m ~ a` :'••!"'~ ia~"~+a : :' ' • • t3$j 7 ~ w ~ i ~ua~a n ~ ~c~ n .~ To Addendum Report PSD-079-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No.57 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to include the Clarington Technology Business Park Secondary Plan in Section 6 of the Clarington Official Plan; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No.57 to the Clarington Official Plan, being Attachment 3 to Report PSD-079-10 be adopted as revised by the Addendum to Report PSD-079-10. 2. That this By-law shall come into force and take effect on the date of the passing hereof. 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 and final time this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk • ~~ Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2010 Resolution #: By-law #: Report #: PSD-079-10 File #: COPA 2007-0011, ZBA 2007-0036 & PLN 14.10 Subject: PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN FOR THE CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT.Report PSD-079-10 be received; 2. THAT Official Plan Amendment No. 57 to the Clarington Official Plan as contained in .Attachment 3 to Report PSD-079-10 be adopted and that the necessary By-law be passed; 3. THAT staff be requested to present the zoning by-law to implement Official Plan Amendment No. 57 at the first meeting of the General Purpose and Administration Committee Meeting in September 2010; and 4. THAT all interested parties listed in Report PSD-079-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: y La m , FCSLA, MCIP n m Wu, mg Direc r of Planning Services Chief Administrative Officer DJ/COS/df/sn 15 June 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-079-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Municipality of Clarington 1.2 Owner: ~ Numerous private owners (notified as interested parties) 1.3 Proposal: Amendments to the Clarington Official Plan and the approval of a Secondary Plan to facilitate the development of the Clarington Technology Business Park 1.4 Area: 142.7 hectares (352 acres) 1.5 Location: North of Highway 401, between Bennett Road on the east and Haines Street on the west and bounded to the north by Highway 2 2.0 PURPOSE OF REPORT 2.1 This report seeks to finalize the planning framework and implementation strategy for the development of a Technology Business Park through certain amendments to the Clarington Official Plan and the adoption of a Secondary Plan for the business park area. 3.0 BACKGROUND 3.1 After an extensive site search in other municipalities, with the assistance of Economic Development and Planning Services Staff, Holburn Biomedical bought 50 acres of land west of Bennett Road and rezoned a portion of it to facilitate the construction of a biomedical research facility. 3.2 Recognizing the potential of Holburn Biomedical as a catalyst for future development, Council authorized staff to retain Urban Strategies. Inc. to prepare a planning and urban design study. Totten Sims Hubicki Ltd. (TSH), now AECOM, were retained to complete the servicing component of the study which included the preparation of the Bennett Creek Master Drainage Plan. 3.3 The initial phase of these studies culminated in back-to-back meetings with major land owners within the study area and an Open House on June 16, 2005 at which Urban Strategies and TSH presented the background work that had been completed to date. 3.4 Concurrent with this proposal a number of planning and development initiatives were underway, that would and still are shaping this initiative, such as the Regional Employment Lands Study, the Regional Official Plan Review, the Growth Plan, the Commercial Policy Review, the Bennett Creek Master Drainage Plan, and the AYT application for large-format retail commercial uses. REPORT NO.: PSD-079-10 PAGE 3 3.5' On January 22, 2007 staff and the consultants: Urban Strategies, TSH and the Climans Group provided Council with an update on the project. The next steps in the project were to complete the Draft Planning Rationale Report, prepare a Draft Secondary Plan, an implementing zoning by-law, and hold a Public Open House. 3.6 On April 2, 2007 Council denied the application by AYT Corporation to permit a large format retail complex at the north-west corner of Highway 2 and Bennett Road. Council refused the application based on the argument that the proposal contradicted the urban form and commercial policy objectives of the Municipality. This resolution upheld the Official Plan policy of protection of employment lands from re-designation and the Municipality's commitment to comprehensive planning and development for the area in accordance with the objectives set out in the Commercial Policy Review. 3.7 On April 23, 2007 Staff submitted an update report on the project to Council. A second Public Open. House was held on April 30, 2007 at which the background studies, the core components of the Planning Rationale Report and the Draft Secondary Plan were presented for discussion and input. All the land owners in the proposed Technology Business Park site were invited, and the majority attended. 3.8 On October 1, 2007, a Public Meeting was held to consider the proposed Official Plan and Zoning By-law amendments and Secondary Plan for the proposed business park. The Planning Rationale Report, which is a comprehensive vision for planning the Technology Business Park, was circulated to Council under separate cover. The report -was referred back to Staff for consideration of public and agency comments and to continue being processed. 3.9 In September 2008, The Bennett Creek Master Drainage Plan was completed. One of major issues to resolve was the size of the stormwater pond at the southwest corner of the business park area. The pond size became a contentious issue for some of the land owners because of how it impacted their land holdings. 3.10 During 2009 and 2010 staff have been working on finalizing the Secondary Plan document attached to this report while simultaneously working on the Official Plan Review discussion paper on Employment Lands. The discussion paper reinforces the Council decision to move ahead with the Technology Business Park as a key site for employment growth in our community. 4.0 VISION. FOR THE TECHNOLOGY BUSINESS PARK 4.1 The Technology Business Park will leverage the existing physical assets, the locale and promote the establishment of prestige employment uses. The Technology Business Park will: REPORT NO.: PSD-079-10 PAGE 4 • Be a research park having linkages to other research agencies and provide a real world laboratory where new technologies are tested and applied; • Have a global market focus and will accommodate niche-markets, promote synergies amongst users and provide access to economic incentives; • Be a prime destination for prestige employment uses and high-end job creation in Clarington; • Enhance and diversify Clarington's employment base; and, • Become a signature facility in Bowmanville and an eastern gateway to the GTA, promoting the strength of Clarington's economy and quality of life. 4.2 Realizing the importance of this initiative. as a major catalyst for economic investment and job creation, Council in its Corporate Strategic Business Plan 2007-2010 identified the Technology and the Energy Business Parks as the Municipality's primary economic development objective. This confirms Council's commitment towards the development of a very specific business destination aimed at clustering Life Science and Information and Communication Technology industries. 5.0 LAND CHARACTERISTICS AND SURROUNDING. USES 5.1 The site is 142.7 hectares in size and strategically located along Highway 401, offering excellent visibility and proximity to Highway 401. It is bounded to the east by Bennett Road and to the west by Haines Street. Highway 2 forms the area's northern boundary. 5.2 The Technology Business Park site has no obvious impediments to development, except for the southwest corner that is partially within a flood plain of Bennett Creek and a significant woodlot on the southeast portion of the area. 5.3 Currently, the predominant land use is agricultural with some residential properties clustered along portions of Haines Street, Lambs Road and Highway 2. The Holburn facility is situated on the eastern side of the Technology Business Park site, along Bennett Road. A variety of other uses such as a church, a fitness studio, apools/spa's and accessory business, farm produce sales outlet and home businesses are found along Highway 2. 5.4 The surrounding uses are as follows: North -Highway 2 and single detached dwellings on smaller agricultural lots; South -Highway 401 and further south is a partly developed light industrial area; East -agriculture; West -cemetery lands and existing industrial area. 5.5 Infrastructure services within the Technology Business Park area can be summarized as follows: REPORT NO.: PSD-079-10 PAGE 5 Sanitary Sewer.' No sanitary sewers have been extended to the Technology Business Park area. The existing 'sanitary sewer on Baseline Road, west of Haines Street would not be able to accommodate new developments within the Park. Various alternatives to service the Park are currently being reviewed in consultation with the Region. The Host Community Agreement approved by Council for the Energy from Waste facility includes a commitment by the Region to commence the environmental assessment process to support the provision of municipal services to the Technology Business Park. Wafer servicing: There is a 900 mm diameter feeder main on Haines Street and a 300 mm main on Baseline Road from .Haines Street to Bennett Road. Other lands within the Technology Business Park are currently not serviced with municipal water. Alternatives to service the Technology Business Park with municipal water are also under review. stormwater management Based on work completed to date stormwater run-off for the majority of Business Park lands would drain into Bennett Creek. A small part of the study area drains towards Highway 2 and ultimately to a tributary of Soper Creek. A Master Drainage Plan has been completed for the Bennett Creek drainage area and provides more detail with regard to pond location and design, routing, costing and implementation of the stormwater management plan. Road network: The Technology Business Park area is currently accessible-from Highway 401 via Bennett Road, which forms the eastern boundary of the Park. Haines Road, a rural local road forms the western edge of the business park while Highway 2 provides access from the north. Baseline Road, a Regional arterial, extends west/east and halfway into the business park - AECOM is currently preparing the design details for the portion that is to be extended to Bennett Road. Lambs Road, also an arterial, extends from south to north through the site. These roads are being incorporated into the road network of the business park but function and capacity will change as the area develops and new roads are added to the local road network. Other infrastructure services: The need for electricity, gas and fibre-optic services will be assessed as the demand for these services arises through development applications. 5.6 Eight Cultural Heritage Resource buildings are located within the Technology Business Park site. These buildings are not designated under the Ontario Heritage Act. The protection and integration of these structures in the development of the Technology Business Park, will be encouraged whenever possible. An archaeological survey will be required at the time of subdivision application. 5.7 Natural heritage features include the woodlot in the south eastern corner of the site and Bennett Creek, which is to be reinstated. The creek and the woodlot will be designated as Environmental Protection Area and will be integrated into the open space framework for the business park. REPORT NO.: PSD-079-10 PAGE 6 6.0 PROVINCIAL POLICY 6.1 Provincial Policy Statement 6.1.1 The Provincial Policy Statement 2005 (PPS) states that an adequate supply of employment lands, providing locations for a variety of appropriate employment uses, will be maintained to ensure the vitality of the provincial economy and it encourages the planning for, protecting and preserving of employment areas for current and future uses. The Climans Group findings in its Industrial Lands Market Analysis, a background study to this planning initiative, supports the PPS in that it calls for protection, branding and marketing of these lands as a cluster for economic development. 6.1.2 The PPS requires Municipalities to promote economic development and competitiveness by ensuring the necessary infrastructure provides support to current and projected employment needs. Through this planning initiative the Municipality of Clarington in consultation with the Regional Municipality of Durham and land owners is seeking the timely and effective provision of infrastructure to these employment lands. 6.1.3 The PPS calls for the protection of Employment Lands. The uses contemplated emphasize this provincial policy. Some commercial uses are proposed only as accessory uses to meet the needs of a prestige business park. 6.2 Provincial Growth Plan 6.2.1 The Growth Plan states that through sub-area assessment, the Minister of Public Infrastructure Renewal, in consultation with other spheres of government and municipalities will identify provincially significant employment areas including prime industrial lands. In its comments on the Proposed Growth Plan, before it came into effect, the Municipality requested that the Growth Plan recognise the proposed Technology Business Park in Bowmanville and the emerging cluster of energy-related industries at the Energy Business Park in Courtice. The sub-area assessment is yet to be done. It is hoped that the proposed Technology Business Park will be recognized as such and assist in paving the way for much needed Provincial and Regional investment and/or incentives. 6.2.2 Durham Region, in its comments on the Growth Plan, proposed that the regional economic assessment provide opportunity for Durham to promote economic clusters, such as automotive manufacturing and energy; and provincially significant designated employment areas, particularly around key transportation corridors such as Highway 401 and 407. The site for the proposed Technology Business Park is situated between Highway 401 and Highway 2, two key transportation corridors in the Region. REPORT NO.: PSD-079-10 PAGE 7 6.2.3 Building compact, vibrant and complete communities is one of the key guiding principles of the Growth Plan. The term "Complete Community" refers to a community that meets people's needs for daily living~throughout an entire life-time by providing convenient access to an appropriate mix of jobs, local services, housing and community infrastructure. The proposed Technology Business Park site is centrally situated in a highly accessible urban area between two transit corridors and will play an important role in Clarington's efforts to attain a "complete community". 6.2.4 The Growth Plan has policies pertaining to conditions under which employment lands may be converted to non-employment uses. This policy has a bearing on the type of uses to be introduced along Highway 2, as this has been identified as a Regional Corridor in accordance with Amendment 128 to the Regional Official Plan. The introduction of non-employment uses along this particular section of the Highway 2 corridor in the Technology Business Park will be subject to a Mixed Use Corridor designation, as proposed in the Secondary Plan, and simultaneously have to meet policies of the Growth Plan. . 6.2.5 As part of the implementation of the Growth Plan, on April 2, 2008 the Province issued the Built Boundary for the four urban areas in Clarington. Map A (Land Use and Primary roads) in the Secondary Plan illustrates the area within the Built Boundary in the Technology Business Park. 7.0 OFFICIAL PLANS 7.1 Durham Regional Official Plan 7.1.1 Regional Official Plan Amendment 128 (ROPA 128) contains similar policies on Employment Lands to the PPS and Provincial Growth Plan, in that they encourage the maximization of employment opportunities, the designation of sites having a high degree of exposure and good access for employment intensive uses; they discourage the use of Employment Area lands intended for industrial uses by retail/commercial uses and encourage prestige employment uses with high employment generating capacity and greater architectural detail, landscaping and site controls along Highways and Type A and B Arterial roads. ROPA 128 also contains certain policies that speak specifically to business parks, which have been recognized through this planning proposal The recent draft decision on ROPA 128 by the Minister of Municipal Affairs (MMAH) suggested that "Offices" and "Business Parks" be removed from Employment Areas, but the Region indicated that based on further discussions with the Province, the Province's primary concern is with offices and business parks being located in parts of Employment Areas that are not adequately served by transit. The Region indicated that they do not support the removal of these uses as it is inconsistent with the definitions for employment areas in both the PPS and the Growth Plan. To address the concern of inadequate public transit the Region proposed to modify its policy to encourage offices REPORT NO.: PSD-079-10 PAGE 8 and business parks to locate along Regional Corridors and highways in Employment Areas. The Technology Business Park is situated along the Highway 2 Regional Corridor and the 401 Highway. Except for this issue, which will hopefully be resolved by the Region's proposed changes to ROPA 128, there are no other modifications suggested by MMAH that would affect the Technology Business Park. 7.1.2 It is significant that the proposed Technology Business Park site is located adjacent to Highway 401, Baseline Road (Type A Arterial), Highway 2 and Lambs Road (Type B Arterials). Further it encourages the Local Official Plans to designate areas for prestige development and specify design and landscaping controls for such areas. It also recommends that the Municipality introduce urban design guidelines and landscaping standards for such areas. 7.1.3 The current Durham Region Official Plan designates the Technology Business Park site "Employment Area", and the area along Highway 2 as a "Regional Corridor". ROPA 128 implements the provincial Growth Plan and retains these designations; however it details certain specific standards for Regional corridor areas in employment lands. "Regional Corridors" shall be planned and developed in accordance with certain criteria as mixed-use areas, which include residential, commercial and service areas with higher densities, supporting higher order transit services and featuring a high degree of pedestrian oriented design, as detailed in area municipal official plans. 7.2 Clarinaton Official Plan 7.2.1 The key principles of the Official Plan namely sustainable development, healthy communities and growth management have been recognised through this planning initiative as the basis for the policies for the development of the Technology Business Park such as: • global environmental concerns, energy conservation and ecosystem integrity through urban design and sustainability policies and regulations; • the remediation of natural systems through the reinstatement of Bennett Creek and protection of the significant woodlot and natural hedge rows; • personal well being, economic vitality and community identity through the establishment of a unique employment cluster that will further diversify our local. economy; • public involvement through public open houses, public notices, the public meeting and ongoing consultation; • urban design excellence through specific urban design standards and zoning regulations that will create a sense of place and unique urban address; and, • structured growth by directing the development of the Technology Business Park to an area within the urban area of Bowmanville. 7.2.2 One of the key strategic directions in the Official Plan is Economic Development. The proposed Technology Business Park will definitely contribute towards the economic goals of promoting Clarington as a prime business location in the GTA. In addition it assists in creating a community where residents can live in reasonable proximity to their REPORT NO.: PSD-079-10 PAGE 9 work places. It embodies the economic development policies, creates new employment opportunities and promotes corporate office and industrial developments in strategic locations along the 401. 7.2.3 The Clarington Official Plan currently designates the northern portion along Highway 2 as well as the central area on both sides of Lambs Road as Prestige Employment Area. The predominant land uses in such areas shall be professional, corporate and office buildings, research and development facilities, commercial and technical schools, certain commercial, community and recreational uses including banks, restaurants, athletic clubs etc. under certain provisions. The remainder of the site is designated either Light Industrial or General Industrial. The predominant uses within the Light Industrial area would be manufacturing, assembling, processing, fabricating, repairing, research and development, and warehousing while limited-scale commercial, community and recreational uses are also permitted. General Industrial areas permit the same uses found in Light Industrial areas, but allows more outside storage and storage height. It also permits truck terminals and the repair, storage and sale of commercial transport vehicles having direct access or connection to an arterial road but not occupying high visibility sites adjacent to freeways or major entranceways. Non-toxic waste processing facilities and asphalt plants may only be permitted in General Industrial Areas by site-specii'IC rezoning. 7.2.4 The existing land use designations are not consistent with the vision for the Technology Business Park, specifically with regard to urban design, land use and scale. They have not been carried forward into the proposed Official Plan designations envisioned for the site. It is important however to emphasize that the proposed Official Plan and the Secondary Plan are not removing any employment lands from the area, but it is merely "refining" the land use designations and regulations to fit the vision for the Technology Business Park. 7.2.5 Proposed Clarington Official Plan Amendments and Draft Secondary Plan Clarington Official Plan Amendment (Attachment 3) The Planning Rationale Report recommends amendments to the Official Plan to facilitate the desired development. The proposed amendments establish generic policies to develop business parks and allow secondary plans-to be created. Appropriate changes have been made where necessary. The Technology Business Park has been added to the East Bowmanville Industrial Area Community Improvement Area. This will recognize the site as a high priority employment area and will provide a planning tool to provide incentives and possibly access funding for infrastructure ,and economic development once a CIP is prepared. Part 6 of the Official Plan will be amended by adding a Secondary Plan which explains the vision, framework and guidelines for the site and enshrines them in policy. The Secondary Plan Land Use framework consists of the following: REPORT NO.: PSD-079-10 PAGE 10 • Prestige Employment 1 Area This area is the gateway to the Technology Business Park and is the most appropriate location for employment intensive uses exhibiting a high standard of building and landscape design. • Prestige Employment 2 Area: This area is intended for employment intensive uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 Areas. Prestige Employment 2 will accommodate smaller lot sizes and a required less landscape development than Prestige Employment 1. • Light Industrial Area This area is designated in less visible areas of the site and generally caters for higher employment density and more truck traffic. • Mixed Use Co-ridor Area This area is intended for the location of high-order employment, personal service and ancillary uses that will benefit from a high profile location along Highway 2 and complement the function of the Technology Business Park. Environmental Protection Area This area encompasses natural heritage features, floodline areas and publicly owned stormwater retention and management facilities; -and- A street network of roads that are interconnected, hierarchical and based on a modified grid that responds to the unique characteristics of the site, maximizes property frontages and optimizes vehicular access and movement. Each of the blocks can be developed as single lots or further subdivided into smaller parcels. There are three primary roads proposed that help with the creation of a unique and distinctive Technology Business Park, namely: Baseline Road, the main entry road and the east-west spine of the Technology Park, with a right of way width of 36 metres; Discovery Drive, an internal ring road that will link the road network of local and regional roads and provide secondary access throughout the Technology Business Park; and Esplanade Drive, anorth-south street that will visually connect the portion of the park north of Baseline Road with the southern part adjacent to Highway 401, thus providing opportunities for prominent vistas. REPORT NO.: PSD-079-10 8.0 ZONING BY-LAW (84-63) PAGE 11 8.1 During the public consultation process, a preliminary zoning by-law was presented and comments were received from the public and agencies. These comments are included in Attachments 4 and 5. 8.2 Once Council approves the Official Plan Amendment and Secondary Plan, -staff will proceed to prepare the implementing zoning by-law and present it to Council at its first General Purpose and Administration Committee meeting in September 2010. This additional time will allow staff to prepare a specific zoning by-law for the business park that reflects the new directions provided by Places to Grow and ROPA 128 in terms of land uses and development standards for employment lands. In addition, staff intends to meet with property owners prior to presenting the zoning by-law to Council. 9.0 SUMMARY OF BACKGROUND STUDIES 9.1 Since the inception of this planning initiative, the following background studies have been compiled in consultation with Planning Services and Engineering Services Staff: Draft Master Drainage Plan - by TSH (now AECOM) including infrastructure service delivery and transportation network ; Industrial Lands Market Analysis (for parcels bigger than 25 acres) -The Climans Group; and a Planning and Urban Design study -Urban Strategies. 9.2 The key components of the above mentioned background studies~were compressed into a single report known as the "Science + Technology Park Planning Rationale Report" dated July 24, 2007, prepared by Urban Strategies, and made available for public review and comment. 9.3 The Planning Rationale Report contains the following key components: a. Historical perspective - an explanation as to what initiated this planning exercise, the steps and events leading up to this plan and the economic context of the planning proposal with specific emphasis on the convergence of Life Science and Information Technology; b. The Vision for the business park site - a conceptual vision for the business park based on an analysis of the physical characteristics and other economic forces affecting the study area; c. Current initiatives and policy - a discussion on all significant infrastructure initiatives and Planning legislation/policies that have an impact on the proposed Technology Business Park site e.g. the proposed relocation of the 401 Bennett Road interchange, and the Provincial Growth Plan; REPORT NO.: PSD-079-10 PAGE 12 d. Market analysis - a detailed discussion on the research methodology used to evaluate the relative attraction of the study area amongst the range of competitive employment areas that exist throughout Durham Region, and of the findings of this analysis. The analysis proposed the following initiatives to protect the competitive advantages of the proposed Technology Business Park: • Prepare a Master Plan for the Technology Business Park; • Create buffer lands to ensure complementary future land use and development around the business park site; • Promote the whole area as a Technology Business Park; and • Proactively market and emphasize the location and primary function of the technology business. e. A physical development framework that addresses the foundation upon which the vision for the park can be realized and is comprised of the Open Space Network, Roads Network and Land Use Districts and Municipal servicing; Urban Design Guidelines - a short explanation on the broad urban design strategy and approach to be imposed to maintain a consistent, high quality image befitting a Technology Business Park; and g. Implementation -this section describes the tools. and strategies to implement the Vision and Planning framework for the proposed Technology Business Park. 9.4 The key findings of the Planning Rationale Report are embodied and further articulated in the proposed Official Plan Amendment and Secondary Plan. 10.0 PUBLIC NOTICE AND SUBMISSIONS 10.1 Open houses were held on June 16, 2005 and April 30, 2007. The first open house included presentations by TSH and Urban Strategies on the background work that had been completed. At the second open house the business park draft Secondary Plan and proposed urban design guidelines were presented to the public and interested parties. 10.2 Public notice with regard to the Public Meeting on October 1St, 2007 was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. The notice was placed in the local newspaper on September 12, 2007 and September 19, 2007. 10.3 Prior to the Public Meeting on October 1, 2007, staff received inquiries from two land owners in the proposed Technology Business Park site on how the proposal will affect existing uses on their properties while another land owner requested copies of the planning documents accompanying this planning proposal. A resident from Wilmot Creek expressed concern over the exclusivity of the proposed business park and its employment capacity. REPORT NO.: PSD-079-10 PAGE 13 10.4 The following submission was made at the public meeting: • Ms. Jayne Salisbury spoke in opposition to the application. She expressed concern over how the proposed changes will affect her property. She explained that she did not understand how the property could become environmentally protected when it is currently farmland and that she would like clarification on the proposed interchange and the buffer zone. 10.5 Written submissions were received from the owners of the following properties: • 582 Lambs Road; • 261 and 275 Baseline Road East; • 542 Lambs Road; and, • the lands situated north-west and north-east of the Bennett Road/401 interchange(also known as the AYT lands). Staff met with the property owners and have proposed solutions to their concerns. 10.6 A summary of the issues identified and Staff's response are outlined in table format and contained in Attachment 4. A map showing the boundary of the Technology Business Park with street addresses is included for ease of reference. 11.0 AGENCY COMMENTS 11.1 The Regional Municipality of Durham has no objection to the planning proposal and confirmed that it is consistent with the Regional Official Plan, Provincial Policy Statement and the Growth Plan. The Region has also exempted the planning application as per By-law 11-2000 from Regional Approval. The Region provided comments that are set out in Table 2 on Attachment 4 to this report. Please note that only issues raised by the Region pertaining to the proposed planning policy and preliminary zoning by-law are contained in Attachment 5. Suggested minor changes to wording or terminology have been addressed in the final draft of the Secondary Plan and OPA Amendment attached hereto. The Region's comment on servicing will be further addressed through the proposed Infrastructure Master PFan which. is part of the implementation phase of this project. 11.2 The Engineering Services Department has provided comments with regard to the original draft Secondary Plan. Engineering Staff have also been involved in a number of the background studies that have been completed in support of the development of the Technology Business Park and recommendations from these reports have been incorporated into the Secondary Plan. The Region of Durham has agreed to complete a Class EA for the provision of servicing to the Technology Business Park as part of the Energy from Waste Host Community Agreement and meetings regarding the timeframe and process for this project have taken place. REPORT NO.: PSD-079-10 PAGE 14 11.3 Comments received from the Clarington Heritage Committee. indicated that the Technology Business Park area contains 8 cultural heritage resource buildings, referred to in Section 5.6 of this report. Provisions for the protection of these resources have been included in the Secondary Plan. 11.4 No other agency comments were received. Specific requirements of agencies would be addressed at the time of subdivision. 12.0 STAFF COMMENTS 12.1 As stated in paragraph 10.6 of this report, Staff s responses to the issues identified by the public and the Region are outlined in table format in Attachments 4 and 5. 12.2 Planning Staff, after receiving the public and agency comments, did an in-depth review of the proposed Secondary Plan policies, Land Use Map and preliminary Zoning By-law. Attachments 4 and 5 address these issues/comments; revisions to the Official Plan Amendment were included where appropriate. 12.3 TSH Consulting Engineers (now AECOM) recalculated the stormwater data in the Draft Master Drainage Plan in accordance with revised tloodline information and with the percentage of impervious levels required through the Secondary Plan, resulting in a smaller footprint for the proposed centralized pond south of Baseline Road. These findings have certain implications for the issues identified by the owners of 542 and 582 Lambs Road which is further explained in Attachment 4. 12.4 The Technology Business Park should be developed using the principles of innovation, sustainability and energy conservation, integration, diversity and design excellence. The Secondary Plan will support development that facilitates growth in the Life Science, Information and Communication sectors and seeks to encourage land use patterns and urban design standards that support energy efficient buildings and green development. 12.5 The Urban Design Guidelines and the complementary land use standards are intended to ensure that the Business Park maintains a consistent, high quality image and sense of place, suitable to the Business Park seeking a global profile. 12.6 The Secondary Plan requires refinement of the urban design and details of specific developments. These details will be addressed using the Technology Business Park urban design framework. 12.7 With regards to the identified cultural heritage resources, a policy has been included in the Technology Business Park Secondary Plan that encourages the incorporation of the identified buildings into the future development proposals. 12.8 The Bennett Creek Master Drainage Plan has now been finalized. Although the key components and findings of the Master Drainage Plan have been incorporated in the REPORT NO.: PSD-079-10 PAGE 15 planning framework, design policies are included in the proposed Secondary Plan and will be further detailed in the upcoming Zoning By-law. 12.9 The successful marketing and development of the Technology Business Park will depend upon the timely provision of regional infrastructure and the promotion of the competitive attributes of the site. The Region's commitments in the Host Community Agreement for the Energy from Waste facility are a major step forward with regard to this. 12.10 Upon the approval of the Official Plan amendment and Secondary Plan, Planning Services Staff will prepare the zoning by-law. After approval of the zoning by-law, Staff will facilitate a workshop session with the Region, Clarington Board of Trade and the property owners to consider: ^ the next steps necessary to expedite development and to create partnerships; ^ phased servicing strategies (stormwater, water, sewage and roads); and ^ a marketing plan and incentive strategy. 13.0 CONCLUSION 13.1 The Technology Business Park Secondary Plan and supporting documents provide sound reasons for the creation of a prestigious technology cluster, in a campus setting, characterized by high quality urban and landscape design. The timely provision of infrastructure and the promotion of the competitive attributes of this business park are principal keys to unlocking the economic potential of these employment lands. The proposed planning framework outlined in this report will steer development of this area. It will be designed and function such that it promotes synergy between Life Science, the Information and Communication Technology Sectors. Staff Contact: Dean Jacobs Attachments: Attachment 1 -Key Map - Technology Business Park site in Bowmanville Attachment 2 - Table of current OP designations and proposed Secondary Plan designations in the Technology Business Park site Attachment 3 - Official Plan Amendment and Draft Secondary Plan Attachment 4 -Table 1: Summary of issues and Staff comments Attachment 5 - Table 2: Response to Region's comments and other minor revisions REPORT NO.: PSD-079-10 List of interested parties to be advised of Council's decision: Holburn Biomedical Corp. 720114 Ontario Inc. 812640 Ontario Inc. Edward Jake Snyder Donald James Alford Anglo York Industries Anna Bruno Ronald Cooke Leon and Karen Devera Eugene and Sharon Dupuis East Bowmanville Industrial James and Constance Gawley Ruth and Ellen Gray 1524103 Ontario Ltd. Brian and Kevin Hoskin Jose Ibanez Blake Johnston Terrance Price Barry and Jayne Salisbury Anthony and Sylvian Suanders Elliot and Joan Tremeer Veridian Connectins Inc. PAGE 16 Samuel Gale Montgomery John Buddo Ron Cooke Dean Robert Perkin 2037630 Ontario Limited George William Farr Farrview Holdings Inc. Levin Samuel Blagrove Region of Durham Planning Central Lake Ontario Conservation NlldGl II I ICI Il I To Report PSD-079-10 d Z ~ N Q ' ~ ~~ R Z ? aV02~ ~ £ oodae aatnloia ~ r M m .., W ~ ~ ~ v ~ ~ t G ~ ° °o e~0 ~ ~ ~ 4`d02! 113NN38 . ~ H ~ p ~ O c Z F- C~ N ~ ° `~ v Q °~ c a a a m o ~ m . O ~ N ovoa ~ c~ ~ ~ ~ c. _ ° V o a ~ Z~ do ~ ~ O s ~ ' ~\ r d\M 1- t/~ ~~d ~\ N C\~ .~ m L a ~ / ~ V o' >° r' oe ¢~ lb~~a3),!~ $ 133a 1S d tla1 61a1MJ l1tLQl.1 It I ICI It L To Report PSD-079-10 a a N C O GL W wo ~ ~ ~ , a a 0 0 0 0 0 0 0 ~ ~a ~s ~o •o ~o ~v v 0 U U UU ~ U VU ~ 7~~~~~~ ° ~ ~ ~ ~ ~ ~ ~ o .~ .::.°:.~ .~ .:; .:: a ~~~~~~~ a a W W ~ N °~ w ~ ~ ~ ~ N as y ~ ~ ~ .~ .~ O C3+ O ~ ~ W O. 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This initiative is founded on and complements the Official Plan principle of promoting a competitive, adaptable economic environment to encourage investment and diversify employment opportunities, and it gives recognition to the Municipality's Corporate Strategic Business. Plan 2007-2010 that identifies the Clarington Technology Business Park as one of the priority Economic Development Objectives of Council. Basis A private company constructed a biotechnology research facility on a portion of a 50 acre parcel of land, on Bennett Road in East Bowmanville. This development proposal led the Municipality to initiate a study of the area as a potential site for a larger research "Business Park" or cluster for the convergence of Life Science and Information and Communication Technology. In 2004, the Municipality of Clarington commissioned Urban Strategies lnc. and other consultants in market analysis and engineering to begin an urban design and planning study for a portion of the lands described in this Secondary Plan. TSH Consulting Engineers was responsible for traffic engineering and the preparation of a Master Drainage Plan while the Climans Group conducted the market analysis. The study confirmed that the subject property is sufficiently unique to warrant the effort and investment to achieve its inherent potential. It was recommended that the master planning process should set as a goal the creation of a distinct business address in Durham Region with excellence in building design that would expand upon the physical and geographical assets of the property. This Amendment is based upon the study team's analysis summarized in the report entitled Clarington Science + Technology Park Planning Rationale Report (July 24, 2007), and public consultations. As part of this process, affected landowners and potential stakeholders were consulted and public information sessions were held on June 16, 2005 and April 30, 2007. Proposed Amendment The Clarington Official Plan is hereby amended as follows: a) Add a new section 7.3.9 as follows: "The Municipality recognizes the important role of the information and communication technology and life science sectors in the local and regional economy and will, in cooperation with other government agencies, institutions and businesses, promote development of the Clarington Technology Business Park."; b) By amending Map A3, Land Use, Bowmanville Urban Area, as shown on Exhibit "A" to this amendment; c) By amending Map B3, Transportation, Bowmanville Urban Area, as shown on Exhibit "B" to this amendment; d) By amending Section 3 of the "General Policies for Secondary Plans" to include the following words: "i) Clarington Technology Business Park"; e) By removing "Bowmanville Subarea B5" in the third priority list in Section 22.3.2, and adding "Bowmanville Subarea B5" to the first priority list; f) By amending Map I, Community Improvement Areas, as shown on Exhibit "C" to this amendment; g) By adding a new Secondary Plan to Part Six as follows: Exhibit "A", Amendment No. 57 To The Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area M it ~ ; M Q '; a M a ; ~%~ M L ~/ ~/ . l~ j~ N ~ , DEFERRED BY 1 / i /'// M ~~ THE REGION OF DURHAM i, j~~ ~:~~ iyi a i/~, , / i M M M ~ M M ~ ~ M 1 ~ ~ ~ M I .. M //~~! j ~, Change From "General // Industrial" To "Business Park" Reconfigure i ~ Collector Road 1 Change From "Prestige ~ " H M M Employment" To "Business Park" O 1 M i Change From "Light Q Industrial" To "Bualness Park" Extend Collector Road \ Change From "Light f -~ _ Industrial" To "Business Park" Change From "Light Industrial To "Environmental Protection" d'"`t~ yw ~~+y~~~Kb ~;4" Chan a From "Prestige -All n And Change " R p~ 4. saECUL ' Employment" To "Busin ess P e ark " . n•b ROIICV ~ ~ r ~»a `~ c • ` ' R From "Collector Road ~ • . q a j: 1 t7 A AREA C ~ p ~ ~, ~• 9nn•}a. ~ k " 4 ~ ljU 4 n To "Local Road" :. ~ :moo. .. ,.+~~{~-} ~U' vary. ^s° o~ 1} )~ O ' ~ ~ Add "Business Park" A y~ ~E TOURISM NODE ~y ~ p5 ~. 7 ~ ~ ~~~ ~~ ~~ To Le end ~ EMPLOYMENT ARE { ,7 ,~ } }p WV,~ a. ~.4. "'~ ~ i l { l j / ® LIGHT INDUSTRIAL AREA ~ PUBLIC SECONDARY SCHOOL J \ ` \`\~~ \\\ -URBAN BOUNDARY GENERAL INDUSTRIAL AREA ~ SEPARATE SECONDARY SCHOOL 4 D 2 FUTURE CHOOL ~ URBAN RESIDENTIAL URBAN RESIDENTIAL ~ BUSINESS PARK UTILITY SECONDARY S j PUBLIC ELEMENTARY SCHOOL LAKE ONTARIO IDEM ALSI~ ~ ENVIRONMENTAL PROTECTION AREA t SEPARATE i7 ELEMENTARY SCHOOL MAP A3 RES HIGH DENSITY RESIDENTIAL - GREEN SPACE ~ PRIVATE ELEMENTARY SCHOOL LAND USE - TOWN CENTRE WATERFRONT GREENWAY ~ ~ SECONOARY PLANNING AREA BOWMANVILLE URBAN AREA NEIGHBOURHOOD - COMMUNITY PARK ~ ~ ~ ~ ~ ~ SPECIAL POLICY AREA OFFICIAL PLAN MUNICIPALITY OFCLARINGTON CENTRE ~ HIGHWAY COMMERCIAL • DISTRICT PARK ~~~~~~~SPECIALSTUDVAREA JANUARY 2, 2007 NCE ONLY AGGREGATE • NEIGHBOURHOOD ~~~ GO STATION 14115 CONSOLIDATION IS PROVIDED FOR CONVENIE AND REPRESENTS REOVEEI'ED MODFICATIDN$ AND APPROVAL EXTRACTION AREA PARK , Exhibit "B", Amendment No. 57 To The Municipality of Clarington Official Plan, Map B3, Transportation, Bowmanville Urban Area B ~.~. EXTEND COLLECTOR ROAD BASELJNE a €' r S ~ I • ~ ~ ~ I • ~ • ~ ~ ~ ' 1I I ~ 0 200 400 600 800 m j j ~ 200 m 1 ~ 1 ~ i -- ~~ ~ ~ rCONCESSION T ROAD 3 ~_ ~ ~ ~ ~ H ~ ~ ' ~ ~ ~ ~ o ~ I AVENUE ~ I ~ ~o,~,,,_r__..____.__{_ _ __~_____._____.~ ~ VpN .• ~ ~ ti~~ ' ~ ~ .~ ( ~ ~ .• ~ ~ ~ u~i ' I d~~ ~ ( ~J~' ~ ~ .ti ~ ~ ~ ~ J , , i O ~ ~ i G~~ ~i I i c~ ~ ~ - d' iT •-~ ........ .. ... ....i-----•• --- •-.. ...- ~ ,~,~ CONCESSION STREET ~ - - ~ z, ~~tT ~~ ~; ~I ~, ~ .o i ~. KING - ~' \ Z RE-CONFIGURE COLLECTOR ROAD m;© .. EXISTING FUTURE FREEWAY INTERCHANGE O ; +; GRADE SEPARATION RE-ALIGN AND CHANGE FROM "COLLECTOR ROAD" TO "LOCAL ROAD" ~® r LAKE ONTAR/O ~- ®o ®URBAN BOUNDARY MAP B3 - FREEWAY TRANSPORTATION ~~ TYPE A ARTERAL BOWMANVILLE URBAN AREA _ _ . - TYPE B ARTERIAL ••-•----•--- TYPE C ARTERIAL OFFICIAL PLAN COLLECTOR ROAD MUNICIPALITY OF CLARINGTON - - - - - - REGIONAL TRANSIT SPINE JANUARY 2, 2007 ~ ~ ~ ~ ~ ~ ~ ~ ~ INTER-REGIONAL REFER TO SECTION 19 TRANSIT LINE THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY ~~ GO STATION AND REPRESENTS REQUESTED A~ODIFICATIONS AND APPROVALS J J O ~ ~ 2 a ~i uJ a s ~,,, W ' o ~~ ~ : o Q R J in ' ~ ~ 2~ ~ "~ c ~ a ~ ~ ~- ~ Z ~ ~ ~ lLC ~~ ~ z ~ z u0a '~ ~~p ~ Z ~ ~& Q- Z -~ v ~ ~ ~~ v O V G z 0 c z aYi z z W e z o O ~ V ~ _ w t o D. ~u ~ jf 1 I m O z 0 1- L R ~j O Q~ ~ ~ ~ ~ _ R = ~~ 3 °~ 00 m t' cm a~ w z 3 °m C ~_ .~ O L. W O S C y~ ~L H A•~ Q V Z .FJ .~ Q .~ .~ L~ W r a ~ ~ ~ ~ 6 > Z K dd i a = ~ ~ ~ O V g ---~~ t~ the business park to promote linkages and synergies among related businesses. d) Diversity- A range of business uses should be accommodated. Streets should be designed for a variety of transportation modes, including automobiles,- trucks, cycling, walking and public transit. e) Design excellence- The design of buildings, streetscapes, open spaces and infrastructure should be distinctive, aesthetically pleasing and functional. The physical and business environment of the business park should make it a showcase for Clarington, Durham Region and Ontario. 2. Goals 2.1 To enhance the economic competitiveness and profile of Clarington by diversifying employment opportunities within Clarington and attracting high-end knowledge-based employment to the Municipality. 2.2 To create a prestige employment area, designed and operated to promote synergy among a select group of users in the information and communication technologies, life sciences and in particular the biotechnology and allied sectors. 2.3 To develop a focal point for research and development and the production of related products and services to infonnation and communication technologies, life sciences and biotechnology. 2.4 To facilitate linkages among the University of Ontario Institute of Technology, other institutions, government agencies and private industry and to build upon and complement the planned Energy Business Park in Clarington. 2.5 To distinguish the Clarington Technology Business Park as a unique and innovative employment area and to establish the business park as a signature gateway to Bowmanville and the rest of the GTA through high- . quality design. 2.6 To use land and other natural resources efficiently and to promote environmental sustainability through appropriate building ~ and landscape design techniques. 2.7 To ensure buildings are designed with high urban design standards that are energy efficient and meet LEED or equivalent standards. 3.3 Prestige Employment 1 3.3.1 Prestige Employment 1 areas are the gateways to the business park. These areas are the most appropriate location for employment uses exhibiting a high standard of building -and landscape design. The permitted uses are: a) Business or administrative offices; b) Research and development facility; c) University or college facility; d) Commercial schools; e) Light industrial facility; f) Hotel and convention centre; g) Commercial, community and recreational uses that cater to - businesses and employees within the business park, including banks, eating establishments, athletic clubs, business and personal services, provided they are limited in scale and located on the ground floor of a mufti-storey building. 3.3.2 The following land use standards shall apply to development within the Prestige Employment 1 area. These standards will be implemented through standards established in the zoning by-law. a) Lot width shall generally be a minimum of 100 meters; b) Building height shall generally be a minimum of 9 meters; c) Outside storage or display of goods is not permitted. 3.4 Prestige Employment 2 3.4.1 Prestige Employment 2 areas are intended for employment uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 areas. Prestige Employment 2 will accommodate smaller lots and a smaller percentage of landscaping than the Prestige Employment 1 area. The permitted uses are: a) Business or administrative offices; b) Research and development facility; c) University or college facility; d) Commercial schools; e) Light industrial facility; f) Hotel and convention centre; g) Commercial, community and recreational uses that cater to businesses and employees within the business park, including banks, eating establishments, athletic clubs, business and personal services, provided they are limited in scale and located on the ground floor of amulti-storey building. Since this area may reflect a mix of existing and new development forms, care will be given to ensure built form is of a quality that enhances the image of the business park. The permitted uses are: . a) Business or administrative offices; b) Research and development facility; c) Commercial schools; d) Day nursery;, f) Fitness centre; g) Commercial, community and recreational uses that cater to businesses and employees within the business park. and along Highway 2, including banks, eating establishments, athletic clubs, and business and personal services, provided they are limited in scale and located on the ground floor of amulti-storey building. 3.6.2 The following land use standards shall apply to development within the Mixed Use Corridor. These standards will be implemented through standards established in the zoning by-law: a) Lot width will generally be a minimum of 40 meters wide; b) Building height will generally be a minimum of 2 storeys and a maximum of 3 storeys; c) Outside storage or display of goods is not permitted. 3.7 Environmental Protection Area 3.7.1 The Environmental Protection Area is identified on Map A and encompasses natural heritage features, a floodplain and a section of the Bennett Creek that is to be re-established in accordance with Section 6.2.3 of this Plan. Lands designated Environmental Protection Area shall be subject to the policies in Section 14.4 of the Municipality of Clarington Official Plan. 3.7.2 No development shall be permitted in Environmental Protection Areas. It is intended mainly for passive recreation, environmental rehabilitation, visual relief and uses related to erosion control and storm water management. 3.7.3 An Environmental Impact Study shall be required for development applications on lots adjacent to the significant woodlands identified on Map C. The Environmental Impact Study shall be prepared in accordance with Section 4.4.35 of the Municipality of Clarington Offlcial~ Plan. d) Integration/coordination of landscaped areas between neighbouring properties is encouraged. 3.8.4 Access and Parking a) Parking structures shall generally be located at the rear of buildings and screened from view from primary and secondary streets and from the Highway 401 corridor. Where parking structures face roads, high-quality exterior cladding materials and architectural details shall be used. b) Parking lots shall generally be located to the side and/or rear of buildings and screened from view through landscaping. c) Parking lots should include landscaping and be lit to provide safe, comfortable walking environments and to minimize energy consumption. Large parking lots should be divided by islands containing a minimum of two trees for every fifteen parking spaces. d) Driveways shall generally be located between buildings. Shared driveways are encouraged. e) Servicing and loading areas shall be located at the rear of the primary building, away from public streets or appropriately screened from view in the interior side yard of the lot. Garbage facilities shall be located within the primary building.. 3.9 Urban Design Policies for the Mixed Use Corridor 3.9.1 Building location and design a) Developments shall ensure compatibility with existing uses and with those on adjacent lands. b) Higher density land uses and taller buildings shall be permitted at intersections of arterial roads. c) Key intersections should be planned and designed to mark the entrance to the business park, establish gateways, create a strong sense of arrival, and give the business park a distinct identity. This should be achieved through the articulation of building mass and materials. Landscaping should reinforce this .special gateway condition. d) To encourage pedestrian activity, buildings shall be oriented toward the street and transit services, with active uses located at ground level. 3.9.2 Lighting and Signage a) Lighting and signage within the Mixed Use Corridor shall comply with Section 3.8.2 of this plan. 4.1.5 To develop attractive, tree-lined streets with high-quality lighting and other landscape elements that help to establish a positive, consistent image of the business park. This will also enhance the pedestrian environment and mitigate the urban heat island effect. 4.1.6 The development of the Highway 2 Mixed Use Corridor shall be consistent with the objectives of the Region of Durham's Long Term Transit Strategy, Cycling Plan, and the Durham Arterial Corridor Guidelines. 4.2 Policies 4.2.1 The future network of roads within and adjacent to the business park is shown on Map A. 4.2.1.1 Arterial roads: a) Baseline Road will be the primary entrance to the business park and be constructed in phases. The design of Baseline Road will accommodate the future expansion of two traffic lanes into four. The extra width between the sidewalk and the road in the initial phase will become travel lanes in the later phase. It shall have aright-of-way width of 36 meters to ultimately accommodate future lane expansion. Extensive streetscaping is recommended. b) Lambs Road will connect north of Highway 2 to the future residential neighbourhood. It will accommodate four lanes of traffic and eventually connect with the new interchange at Highway 401. Development in the vicinity of the proposed interchange will be discouraged until the Ministry of Transportation has completed their study of the preferred interchange location. The Lambs road right of way width shall be 36 meters in its ultimate configuration. c) Bennett Road runs north-south along the eastern edge of the business park and will for the interim period, until the new interchange at Lambs Road and Highway 401 has been constructed, serve as the main connection route to Highway 401. The right-of way width should be 30 meters to accommodate sidewalks on both sides, landscaped boulevards, and four traffic lanes. 4.2.1.2 Collector roads: a) Haines Street runs north-south and forms the "interface" between the existing industrial area to the west and the 4.2.5 Traffic signals will be installed at the Hwy 2 and- Lambs Road intersection when warranted. 4.2.6 An Access Management Plan for the business park area may be considered in conjunction with the Master Infrastructure Plan. 4.2.7 The intersection configurations at major road intersections and the alignment of other future local roads are subject to further detailed study and may be altered without amendment to this Plan. 4.2.8 The Municipality, Durham Region and GO Transit will .work cooperatively to develop along-term public transit strategy for the business park. 4.2.9 Council may require that applications for development include a Travel Demand Management (TDM) Plan. The intent of the TDM Plan shall be to implement and promote measures to reduce low-occupancy trips and to increase transit use, cycling and walking. To that end, measures to be considered include organizing and promoting car pooling, providing cycling amenities, providing financial subsidies for transit passes and other measures that may be identified by Municipal staff. 4.2.10 Recognition shall be given to the 14 meters buffer on both sides of Hwy, 401. Lands should only be developed with the consent of the Ministry of Transportation. 5. Open Space and Landscaping 5.1 Objectives 5.1.1 To encourage the integration of ecological functions with site development and building design. 5.1.2 To establish where appropriate, a network of connected open spaces. 5.1.3 To encourage the use of the re-established Bennett Creek as a source of connectivity through the business park. 5.1.4 To highlight the stormwater pond as a focal point for the business park's open space network. 5.1.5 Stormwater management facilities are an amenity to enhance the image of the business park. They should be incorporated into the planning and design of open spaces, buildings, and paved areas. Stormwater management facilities. and other elements should contribute to a business park setting and establish connections to other open space amenities. e) .Coordinating landscaping treatments among neighbouring developments. f) The use of landscaped .drainage basins internal to large parking areas. g) The use of permeable materials instead of impervious surfaces for walkways, driveways and parking areas, where feasible. h) Selecting, designing and operating outdoor lighting, to conserve energy and minimize light pollution. i) The integration of stormwater management systems into the design of buildings and landscaping. 5.2.8 Naturalized landscape areas for the benefit of wildlife habitat and reduction in water use are encouraged provided that appropriate landscape management practices are implemented. 5.2.9 As the site is "urbanized", elements of its rural landscape should be preserved where appropriate. 5.2.10 Enhance the unimpaired views of the study area from Highway 401 where practical through urban and landscape design. 5.2.11 Landscaping of road right of ways should: a) Plan the location of sidewalks, driveways and utilities around existing healthy trees. b) Invest in the longevity of landscaping with proper planting and care. c) Seek permission from adjacent landowners to plant on their properties, if the right-of-way is too narrow to support plantings. d) Plant deciduous trees between the curb and the sidewalk. e) Plant trees at grade. f) Plant trees further from the curb on wide, high-speed roads, to protect them from harmful salt spray, strong winds, fumes and heat reflected from the road. 6. Servicing 6.1 Objectives 6.1.'f Generally, development shall proceed on the basis of full municipal water and sanitary services being in place at building occupancy. However, temporary alternative methods may be considered with the approval of the Regional Municipality of Durham and other approval agencies. d) Grey water systems that capture storm water runoff and other grey water for reuse in toilets and industrial operations. e) The use of renewable energy sources for building systems and exterior lighting, such as solar, spacing, wind and geothermal. f) Cogeneration, i.e., capturing end using heat from power generation; g) Green roofs. h) Techniques outlined in Section 7.2.1 of this plan. i) Other techniques encouraged by the policies of this Secondary Plan and which may be identified by Municipal staff. 7. Building Design and Construction 7.1 Objectives 7.1.1 Provide for excellence in building and landscape design to create an identity that will distinguish the business park as a unique place within Ontario. 7.1.2 To facilitate and promote buildings that incorporate energy-saving and environmentally-friendly materials and techniques. 7.1.3 To utilize and demonstrate new building sciences that maximize energy conservation and efficiency. 7.1.4 To maximize the life span of buildings. 7.1.5 Promote and enforce good design practices to ensure the business park maintains a consistent, high-quality image and sense of place. 7.2 Policies 7.2.1 Best practices in "green" development should apply to all elements within the Business Park, including buildings, landscaping, parking, servicing and other infrastructure. All buildings should be designed to at least LEED's Silver level or equivalent. Energy conservation measures and techniques may include: a) Windows that open to allow for natural cross ventilation and reduce the use of air conditioning. b) Glazing on the south side of a building to maximize direct sunlight in winter. c) Sun louvers to minimize direct sunlight in summer. d) Green roofs -roofs that are partially or completely covered with vegetation to minimize water runoff and improve building insulation. as necessary for publicly owned centralized storm water ponds and the cost of constructing the ponds, shall be borne by all benefiting land owners, as stipulated in Section 6.2.2 of this Secondary Plan. 8.6 In addition to the provisions of Section 23.4.2 of the Municipality of Clarington Official Plan, Holding Symbols may be used to ensure achievement of the policies of this Secondary Plan. Prior to the lifting of a Holding Symbol, the following provisions apply in respect to the Secondary Plan Area: a) plans for the proposed development must show that the proponent has successfully implemented the Urban Design Policies and transportation objectives of this Secondary Plan to the satisfaction of the Municipality; and, b) arrangements have been made satisfactory to the Municipality and the Region of Durham for the proponent's contributions and dedications to implement the Sustainability, Streetscape Implementation and Infrastructure Master Plans referenced in Sections 5.2.11, 6.2.5 and 8.4. 8.7 The Municipality will work with the Regional Municipality of Durham to expedite the provision of municipal services to allow development of the business park. 8.8 The Municipality, in consultation with the Regional Municipality of Durham, will prepare a Streetscape Implementation Plan to ensure quality of streetscape and consistency in design along local roads and roads under regional jurisdiction. 8.9 The Municipality, through Development Charges Levies and/or subdivision approvals, will make provision for streetscaping within local road right of ways, and encourage the Regional Municipality of Durham to #ollow suit; 8.10 The Municipality will explore the different tools available to promote and stimulate the development of the business park. 9. INTERPRETATION 9.1 Some flexibility in the interpretation of the policies contained in this Secondary Plan is permitted provided that its general intent is maintained. The boundaries of land use areas are approximate and shall be defined by~ the precise alignment of new streets or implementing Zoning By-laws. 9.2 The policies of this Plan shall be interpreted in conjunction with the applicable policies of the Municipality of Clarington Official Plan. In the event of a conflict between the provisions of the Municipality of Clarington .Official Plan and this Plan, the Secondary Plan shall prevail. 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'6 C a ~ ~~o~~,o ~a o ~a~ a~ ° ° ~o•O~mta~°~a a aa> a~ ~• ° ~ a~ a~ o ~ p~ p ~ U l0 C O fn ~ '~-' N p> 3~ 'O +-~ N O H O ~ O _ ~' -6 3 °~ ~' ~ o °~'~ o~° ° c~~. ~ ~~~ o ~~ a2 ~~-a,~,~ a'~ o v~,~~~co;as~,n ~ m .~m~m»~~...v °Q°coYSO•~ U1 O •^ ~ ~ ~ _U m~ 7 . >+ O '~ C O O Y 0 0~_ O ~ U ~ p ~ ~ ~ , ~ ~ F-~Ev=vcac~cC~ • To Report PSD-079-10 a~ tl~ .~ d L E L d O .o C m E O v c 0 .~ d 0 d N c O a d N d .O a ~ cfl ~ c oo~oa~° ~ tv~o `_ ~~ ~ coo o ~ a~ rn ~.r~afl. a~ c~.-a ~ ' ~ o ...oNc .5 a:ca 3co• o~ E a~°~ ~ o ~ ~co °~°~~ aci~~Ew ~ ~vc- ~ ~ o6~oc .O ~ N y O ~ c oornm ~ '~ . E ~:'; ~~~ ~ N~ O L .O ~ C = (A O O r N 1 ' ~ L O c ~'' O ~ C C ' N N ~ y O ~-a'O ~ ` j o a •~ ~ o N N~ ~~-. ~ to co co c o J~ ~ =Q ~~ uJ c c3 C O O O= O -p " O ~ ~ r G ~ O 'O N O ~ ~ ~ CO ~ N N ,~ •~ C O O + •' N ~ ~ O co '_4~ ~ ~ act ~ "mod o =.o~ °? o~~_~c o ~ ~-.o~~,c ~ ~~ 3~: ~ ~ ~ ~ N ~~~ ,` ~ocy~'~ ~ c oc v co~o~cLa , , ; v,, c~ ~ O co N a~ C o ~~~ co ~ L a> 3 i .. N~ ~ L.. 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C O - M ~O ~ ~+ _ 1 m~~~~~3co~~ D.o~o. ti 3'o'cm3 U~~ c ' ~ ~Na °'a~ rn~ ~ ~ a ~Q ~ ~ ~ ~~ °~ _ ~ ~ ~ a c~ co o~ ;~~: ~ ~~ ~L ~o ~ ~ ~.-o ~ ~ ~ m ~ ~~ a N ~s N ~ o ~ O~~ O H O N N N O N O - fOA C ~ t~ 'O ~ O Q O ~ c= >.c o~ ct~~ . o•- p cn c o r n ~~ c~ v . m o:~ o _ . o ~ o~~ c L moo o ~ ~ ~'~ N ~ ~ o'v~ 3cca ...~co o ~ a c~v ~ o~c -' , Eo Q, Q i i a o ~ 'c o a.~~~ o co 3 ~~_ ~ o c`a o Q- -a o av ~ c~ n, o U a i ao~ ~~ ~+aci °'»r m a°iws o aNi~~u ~~ d ~ ~ o ~ oc a.u~ominyc~'vaci Na-o'o 3 °voaco ~'I- ~~-LC°o.~coo•~rnE F" O '~oco -o ~N~°~a c° C ~.~o rn O ~ L fl. ~ O > o o O = O ."' c 3 cCd c o ' O O c 'C . ~ ~` C7 ~ 'O ~ o V n. ~ U o N a a~ ~~ Q. c N -fl O O V N ~ O N~ o V ~~ c moo~Qa~my.Q~E ~m~ N oa»~>,~a? a i~•~ a~ `~ ~ O ~c - ca ~ o oc~ ~~ - ~~~N a~ocv N o c ~, ~ a~ a O ~ U w C O ~ '~ ~ Q'= N ~' N = ~ ' N ~ ~ ~ "' ~ O ~ ~ N o • ~ o=oco oN~.~>,u~ c c~ c c ~-v~Lo c ~ o ~:ccOE~ a~o Q, ~ ,.., ~, . ~ I- ;a a~ ~ ~ o a~ ~ ~•~ ~ ~ ~ t co c = ° o o- w o ~ o ~ o ~ o ~ =~« ~ }. z ~ co a~ ~ ~ f-- tOA N ~ '~ N .~ E J ~ C~ ~ v ~ ~ G. ~ I- ~ O Q co F- 'a ~~ rlltQV11111V1 ll V To Report PSD-079-10 Short list of uotential uses associated with either Life Science, Information and/or Communication Technologies Bacteriological research and development laboratories or services Computer and related hardware research and development laboratories or services Dental research and development laboratories or services Electronic research and development laboratories or services Entomological research and development laboratories or services Genetics research and development laboratories or services Health research and development laboratories or service Life sciences research and development laboratories or service Medical research and development laboratories or services Observatories, research institutions Physical science research and development laboratories or services Computer input preparation services Computer service bureaus Computer time rental Computer time sharing services Data entry service Data processing computer services Disk and diskette conversion services Disk and diskette recertification services Electronic data processing services Microfilm recording and imaging services Optical scanning services Photographic equipment repair shops Radio repair and maintenance services Stereo equipment repair shops without retailing new stereo equipment Television repair services Video cassette recorder (VCR) repair services Computer peripheral equipment repair and maintenance, without retailing new computer peripheral equipment Computer repair and maintenance services Office machine repair and maintenance services Photocopying machine repair and maintenance services Recycling inkjet cartridges Typewriter repair and maintenance services Diagnostic imaging equipment repair and maintenance services Electrical measuring instrument repair and maintenance services Laboratory instrument repair and maintenance services Measuring instrument repair and maintenance services Medical and surgical equipment repair and maintenance services Meteorological instrument repair and maintenance services Navigational instruments (e.g., radar, sonar) repair and maintenance services Optical instrument repair and maintenance services (e.g. microscopes, telescopes) Precision equipment calibration Radar and sonar equipement repair and maintenance services Surgical instrument repair and maintenance services Surveying instrument repair and maintenance services Weighing equipment (e.g., balance, scales) repair and maintenance services SUMMARY OF BY-LAWS June 28, 2010 BY-LAWS 2010-075 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Jim Hamilton -Welcome Feeds) (Item 2 of Report #1) 2010-076 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ryan Realty Services Ltd. Courtice, Ontario, to enter into an agreement for Consulting Services for a Property Value Protection Program Resource Person for the Port Granby Long-Term Low-Level Radioactive Waste Management Project (Item 4 of Report #1) 2010-077 Being a by-law to update the By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Governing By-law) and 80-9 (Regional Mutual Aid By-law) (Item 10 of Report #1) 2010-078 Being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and Canadian Red Cross (Item 11 of Report #1) 2010-079 Being a by-law to amend By-law 2008-040, a by-law to appoint Members to the Newcastle Memorial Arena Board (Item 13 of Report #1) 2010-080 Being a by-law to authorize the execution by the Mayor and Glerk of an Agreement between the Corporation of the Municipality of Clarington and Kawartha Pine Ridge District School Board for the use of Sports Fields (Item 14 of Report #1) 2010-081 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Tedescon Infrastructure Ltd., Woodbridge, Ontario, to enter into an agreement for the Jane Street Reconstruction (Item 20 of Report #1) 2010-082 Being a by-law to appoint an individual as Parking Enforcement Officer and to repeal By-law 2008-056 (Allison Genosko) (Staff Report #1) 2010-083 Being a by-law to adopt Amendment No. 57 to the Clarington Official Plan (Item 2 of Unfinished Business) Chi"11~;~OI~ M E M O Leading tke Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: June 25, 2010 Subject: COUNCIL AGENDA -JUNE 28, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Receive for Information I - 10 Correspondence from Randy Henry, President, Clarington Board of Trade, Mayor Pat Perkins, Town of Whitby, Councillor John Henry, City of Oshawa and Dean Del Mastro, M.P., Peterborough, writing to the Honourable Dalton McGuinty, Premier of Ontario, Members of the Federal and Provincial Legislature, and/or issuing Media Releases, expressing disappointment with the recent announcement by the Province to deviate from its original plan to construct the Highway 407 east expansion through Durham Region to Highway 35/115 by 2013 and to end construction at Simcoe Street in Oshawa; calling on the Federal Government to suspend fund transfers to the Province of Ontario resulting from the 2007 FLOW Agreement as recent announcements made by the Province represent a clear breach both in the spirit and word of the FLOW agreement as related to the Highway 407 extension; and, suggesting that the Province re-evaluate the benefits of building the 407 from Brock Street to Highway 35/115 as one continuous project. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE2 I - 11 Bryce Jordan, Principal, Planning Manager, Sernas Associates, writing on behalf of his clients, the Hoskin Family, extending appreciation to staff for meeting with him and Kevin Hoskin regarding proposed amendments to the Clarington Official Plan for the Clarington Technology Business Park Secondary Plan and advising that his clients are in agreement with the recommendations contained in Report PSD-079-10. Receive for Direction D - 17 Sara Gilroy, Chair, Promotions and Sponsorship, Durham Central Agricultural Society, Orono Fair, advising they have approximately 100 18" x 24" signs to be placed around Clarington roads and 20 4' x 6' signs to be placed on private property to advertise the annual Orono Fair; indicating that they had been advised by staff last year that they would not be affected by the new sign by- law; expressing concern that they will now be required to pay for a sign permit as well as $150 per sign for an approximate cost of $18,000 creating a significant financial burden on the fair which is in its 157`h year. (Motion for Direction) D - 18 Confidential Correspondence regarding a Legal Matter. (Attached under separate cover) (Motion to refer correspondence to the end of the Agenda to be considered during a "closed" session of Council.) COMMITTEE REPORT(S) Item 24 Stanley Cup Parade in Orono Mayor Abernethy has received confirmation that the Stanley Cup will be arriving in Orono on July 8, 2010; and in addition to the parade, he is suggesting that a Proclamation be issued. It is therefore requested that Item 24 of Report #1 be pulled and that the following resolution be passed: "WHEREAS a resident of the Municipality of Clarington, Bryan Bickell, is a professional hockey player, playing for the Chicago Black Hawks, the 2010 Stanley Cup Winning Team; AND WHEREAS the Municipality of Clarington is extremely proud of Bryan and his accomplishments: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON: THAT July 8, 2010, be proclaimed "Bryan Bickell Day" in the Municipality of Clarington and advertised in accordance with Municipal policy; and CLERK'S DEPARTMENT MEMO PAGE 3 THAT a Stanley Cup Parade be approved for July 8, in Orono, provided the organizers of the event apply for and obtain a Road Occupancy Permit from the Engineering Services Department." BUSINESS ARISING FROM NOTICE OF MOTION Please note that Resolution #C-245-10 as referenced in the motion to be introduced by Councillor Woo under the Business Arising from Notice of Motion Section of Monday's Agenda was adopted by Council on June 14, 2010, not May 31, 2010, as noted in the Agenda. (Confidential Information concerning Resolution #C-245-10 is attached under separate cover) Patti L. Barrie, CMO Municipal Clerk PLB/cf cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS June 28, 2010 a) Heather Rutherford -Report PSD-078-10 Green Energy Act (Unfinished Business #1) b) John Conrad, Durham Central Agricultural Society -Requirements of New Sign By-law (Hand-out Correspondence Item D - 17) ~~ ~~./ .~ W U -~ c c~ c .~ ^L I..L ~~ I.J~ Ql V CU .~ t1"1 _~ (1r t'a CU' CU 1 J ^~ W L O ,~ V J O .~ L ~~ 0 N V C G1 ~V t f~ fa ~-+ C Q1 C i V L .~ _~ (_Q o c 0 ~ 0 ~ 0 0 o ~ Q- ° ~ ~ o c~ ~~ }, ~ ~- o ca ~ Q ~ U ~ ~ ~ O ~ ~ ~ 'o O U cn C .U O ca U- ~ U ~ ~ O ca O N 'C ~ ~ ~ ~ ~ N N ~ O ~ - O~ N N N ~ O ~ - ~ ~ ~ ~ ~ N ~ ~ ~? L- ~ O N O ~ U 'N O p ~~ ~ ~ U U ~ U (6 ~ ~ •V U ~ O C ~ ~ U .V ~ ~ U Q ~ ~ O ~ D U B ~ ~ ~ o ~ cn ca ~ ~ . _, cn IL ~, c~ u ~ ~ `v L v'Y ,. ~ ~ ~~::. V'3 ~' O •~ C~ O "~ .~ c v U c 0 c~ L U U Q O L 4- 0 i1~ ~J ~! 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Regarding: Clarington Council Report PSD 078 - 10 (Green Energy Act Recommendations) Health Issues Related to Wind Turbines Section 8.2 Sources cited: Sound and Health Effects: An Expert Panel Review prepared for AWEA and CANWEA (Dec 2009) The Potential Health Impact of Wind Turbines: Chief Medical Officer of Health (CMOH) Report (May 2010) Both reports have been criticized as their conclusions are not supported by their content, Dr. Arlene King, CMOH Ontario October 21 , 2009 ,00 "wind turbines may cause annoyance, stress and sleep disturbance" . (Arlene Ding M.D., Ontario Ministry of Health and Long Term Care Memorandum) Dr. Arlene King, CMOH Ontario Mav 2010: a "the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects . The Potential Health Impact of Wind Turbines: Chief Medical Officer of Health (CMOH) Report (May 2010) "Wind Turbine Sound and Health Effects" (A/ CanWEA Panel Review) December 2009 Acknowledges: that wend turbine noise may cause annoyance, stress and sleep disturbance and that as a result people may experience adverse physiological and psychological symptoms. Concludes: "sound from wind turbines does not pose a risk of hearin(: loss or an`T other adverse health effect in humans" J "WIND TURBINE NOISE , SLEEP AND HEALTH " A p ri12010 Hanning (cont' d) Scope of Report: AL. - the effects of industrial wind turbine noise on sleep and consequent effects on health Consequences of Inadequate Slee - Fatigue, sleepiness , cognitive impairment - Increased risk for road traffic accidents . - Increased risk o£ - Obesity- - High blood pressure Depression - Diabetes - Heart disease - Vulnerable groups such as children and the elderly ma�T be at greater risk. Wind Turbine Noise , Sleep Disturbance and Health: "It is concluded that there is compelling evidence that wind turbine noise can and does disturb sleep and impair the health of those living too close and that current guidance is inadequate protection" "It is concluded that the occupants of properties sited within 1 . 5km of turbines will suffer unacceptable levels of sleep disturbance and potential risk to their health." Health Canada — August 6 , 2009 In correspondance to Nova Scotia Department of Environment, Environmental Assessment Branch ■ "The final sentence in Appendix B states that "Mel-e is no peer-reviewed scient�z-c evidence indicating that wind tuirbanes have an adverse illl�act on hun2an health". In fact, there are peer- reviewed scientific articles indicating that wind turbines mad, have an adverse impact on human health. . ." ■ "Health Canada advises that this statement be revised to indicate that there are peer-reviewed scientific articles indicating that wind turbines may have an adverse impact on human health." Nova Scotia ■ Glen Dhu Wind Farm — October 2008, established setbacks of 1200 metres from homes of participating residents, and 1440 metres from non-participating residences. JAPAN In November 2009 the Japanese Ministr�T of Environment announced a four year studv into the effects of wind farms on health World Health Organization: The precautionary principle: In all cases noise should be reduced to the lowest leNTel achievable in a particular situation. When there is a reasonable possibility that the public health will be endangered, even though scientific proof may be lacking, action should be take to protect the public health, without awaiting the full scientific proof." (World Health Organization, Guidelines for CommunitvNolse,1999)