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HomeMy WebLinkAbout03/26/2012• DATE: MONDAY, MARCH 26, 2012 �Irl►� l�li[d�l�►�il 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 March 5, 2012 PRESENTATIONS a) Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee — Presentation of Heritage Plaque for 20 Horsey Street to Bill Paterson DELEGATIONS a) Dianne McKenzie, Executive Director, Epilepsy Durham Region — Purple Day for Epilepsy Awareness — March 2012 (Correspondence Item 1- 15) COMMUNICATIONS Receive for Information 1- 1 Minutes of the Clarington Agricultural Advisory Committee dated March 8, 2012 1 - 2 Minutes of the Ganaraska Region Source Protection Authority dated March 15, 2012 1 - 3 Albert Sweetnam, Executive Vice President, Nuclear Projects, Ontario Power Generation — Darlington Nuclear Generating Station Refurbishment and Continued Operations Environmental Assessment 1 - 4 John R. O'Toole, MPP, Durham — Provincial Regulations on Commercial Fill Operations CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - March 26, 2012 1 - 5 Linda Jeffrey, Minister Responsible for Seniors - 2012 Senior Achievement Award Program 1 - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham — Energy from Waste Project 1 - 7 The Honourable Bev Oda, P.C., MP — Camp 30 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Potential Change to the Method of Selecting the Regional Chair 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Commission on the Reform of Ontario's Public Services 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Source Water Protection Planning Pre - Consultation Process — Summary of Comments by Durham Region in Response to Draft Source Protection Policies I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham — Regional By -laws to Establish Tax Ratios and Levy Rates of Taxation for 2012 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Annual Subdivision /Condominium Activity Report for 2011 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham - 2011 Census of Population — Population and Dwelling Counts Release 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Rural Connections Broadband Network Project 1 - 15 Dianne McKenzie, Executive Director, Epilepsy Durham — Purple Day for Epilepsy Awareness — March 2012 1 - 16 Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax — Drummond Report 1 - 17 John Bolognone, City Clerk, City of Kingston - Provincial Payment -in -Lieu of Taxes 1 - 18 Susan Self, Chair CTC Source Protection Committee - Draft Proposed Source Protection Plans for the Trent Conservation Coalition Source Protection Region Council Agenda - 3 - March 26, 2012 Receive for Direction D - 1 Jack Bergs — Request for Sound Monitoring D - 2 Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax - Great Lakes and St. Lawrence Cities Initiative - Status Update and Resolution for the 2012 Annual Meeting D - 3 Linda Jeffrey, Minister Responsible for Seniors — 2012 Senior of the Year Award D - 4 Lynn Clark, Deputy Clerk, Township of Havelock - Belmont- Methuen - Ontario Wildlife Damage Compensation Program COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of.March 19, 2012 STAFF REPORT(S) UNFINISHED BUSINESS ffid PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT Lendin; the FVap Council Meeting Minutes MARCH 5, 2012 Minutes' of a regular meeting of Council held on March 5, 2012 at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. 12"s Roff"ILlm Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Deputy Chief, M. Berney Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Recreation Services Manager, S. Meredith Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES- OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring an interest with respect to Correspondence Item D - 4 and Item #42 of Report #1. ANNOUNCEMENTS Councillor Neal announced that he attended the following events: "A River Runs Through Us" fundraising event on March 2, 2012 The Bowmanville Kinsmen Club's Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall, Bev Oda's 4th Annual International Women's Day Tea Council Meeting Minutes - 2 - March 5, 2012 Councillor Novak announced that she attended the following events: A luncheon reception for the new Consul General, People's Republic of China "A River Runs Through Us" fundraising event on March 2, 2012 Bev Oda's 4th Annual International Women's Day Tea Councillor Traill advised that she attended the Bowmanville Kinsmen Club's Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall Councillor Woo announced that he attended the following events: A luncheon reception for Fang Li, Consul General, People's Republic of China. Councillor Woo stated that this was Mr. Li's first trip outside of Toronto to Durham Region The Bowmanville Kinsmen Club's Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall Epilepsy Durham Region — Superpog Central Show on Sunday, March 4, 2012 Councillor Woo also advised of the grand opening of Wind Mobile in Bowmanville tomorrow. Councillor Hooper extended congratulations to the organizers of the "A River Runs Through Us" Gala for their successful fundraising event held on March 2, 2012 and to the Clarington Junior "C" Hockey team who have advanced to the next level playing for the Central Ontario Junior League Championship. Councillor Hooper announced the following: The Clarington Older Adult Association will be hosting their Annual St. Patrick's Day Luncheon on March 13, 2012 Angela Tibbles is the new Chairwoman of the Clarington Heritage Committee He also attended Bev Oda's 4th Annual International Women's Day Tea Mayor Foster announced the following: • The grand opening of Wind Mobile at 210 King Street East in Bowmanville tomorrow at 3:00 p.m. • Ontario Power Generation will proceed with the refurbishment of four reactors. He will send a letter to the Minister expressing Council's delight on the firm decision of nuclear refurbishment going forward • He expressed appreciation to Inspector Chris Ostler, Durham Regional Police Services, who is moving on. He looks forward to working with Rolf Kluem, the new Inspector • He attended a breakfast and roundtable meeting on "The Big Move" the Role of Metrolinx and will be working closely with staff and the Mayor's Office in Oshawa to move it forward Council Meeting Minutes - 3 - March 5, 2012 • He advised of the success of "A River Runs Through Us" fundraising event, noting the organizers' goal for the dinner was $30,000 and they raised $85,000, as well, a grant from the Trillium Foundation in the amount of $150,000 was announced • Tomorrow evening between 7:00 p.m. and 9:00 p.m., the Bowmanville Kinsmen Club will be hosting Mayor Foster and Mayor Henry from Oshawa at Maddy's Pub • On March 9, 2012, the Driftwood Theatre will be'on stage at the Trafalgar Castle in Whitby Resolution #C- 080 -12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held February 13, 2012, be approved.. "CARRIED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS There were no Delegations scheduled for this meeting. COMMUNICATIONS Resolution #C- 081 -12 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, "CARRIED" I- 1 Minutes of the Clarington Agricultural Advisory Committee dated February 9, 2012 1 - 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 13, 2012 1 - 3 Minutes of the Clarington Heritage Committee dated February 22, 2012 1 - 4 Minutes of the Central Lake Ontario Conservation Authority dated February 21, 2012 Council Meeting Minutes - 4 - March 5, 2012 1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural Affairs, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to the Golden Horseshoe Agriculture & Agri - Food Strategy, Food & Farming: An Action Plan 2021: "a) THAT the Golden Horseshoe Agriculture & Agri -Food Strategy, Food & Farming: An Action Plan 2021 Report, presented in Attachment 1 to Report #2012 -P -7 of the Commissioner of Planning and Economic Development, be endorsed; b) THAT the Region of Durham support the formation of a Golden Horseshoe Food and Farming Alliance; and c) THAT a copy of Report #2012 -P -7 be circulated to the area municipalities and Conservation Authorities within the Region of Durham, the Ministry of Agriculture Food and ,Rural Affairs, the Ministry of Municipal Affairs and Housing, the GTA Regional Municipalities, the Regional Municipality of Niagara, Cities of Hamilton and Toronto, the Durham Agricultural Advisory Committee and the Durham Federation of Agriculture, for information." 1 - 6 P. M, Madill, Regional Clerk, Regional Municipality of Durham, writing to Dave Risebrough, Chair, Durham Agricultural Advisory Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Agricultural Advisory Committee (DAAC) Terms of Reference, 2011 Annual Report and 2012 Workplan: "a) THAT Report #2012 -P -8 of the Commissioner of Planning and Economic Development be received as, the Durham Agricultural Advisory Committee's 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Agricultural Advisory Committee, be approved, as outlined in Attachment 1 to Report #2012 -P -8; c) THAT the 2012 Durham Agricultural Advisory Committee Workplan, as outlined in Attachment 2 to Report #2012 -P -8, be approved; and d) THAT a copy of Report #2012 -P -8 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the area municipalities." Council Meeting Minutes - 5 - March 5, 2012 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Karen McDonald, Chair, Durham Environmental Advisory Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Environmental Advisory Committee (DEAC) Terms of Reference, 2011 Annual Report and 2012 Workplan: "a) THAT Report #2012 -P -9 of.the Commissioner of Planning and Economic Development be received as the Durham Environmental Advisory Committee's 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Environmental Advisory Committee, be approved, as outlined in Attachment 1 to Report #2012 -P -9; c) THAT the 2012 Durham Environmental Advisory Committee Workplan, as outlined in Attachment 2 to Report #2012 -P -9, be approved; and d) THAT a copy of Report #2012 -P -9 be forwarded to the Durham Environmental Advisory Committee and the area municipalities." I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton,. Chair, Durham Trail Coordinating Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Trail Co- Ordinating Committee (DTCC) 2011 Annual Report and 2012 Workplan: "a) THAT Report #2012 -P -10 of the Commissioner of Planning and Economic Development be received as the Durham Trail Co- ordinating Committee's 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Trail Co- ordinating Committee, be approved, as outlined in Attachment 1 to Report #2012 -P -10; c) THAT the 2012 Durham Trail Co- ordinating Committee Workplan, as outlined in Attachment 2 to Report #2012 -P -10, be approved; and d) THAT a copy of Report #2012 -P -10 be forwarded to the Durham Trail Co- ordinating Committee and the area municipalities." 1 - 9 P., M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on February 15, 2012, Regional Council adopted the following resolution pertaining to Revised Energy from Waste — Waste Management Advisory Committee Terms of Reference: Council Meeting Minutes - 6 - March 5, 2012 "a) THAT the revised Terms .of Reference for the Energy from Waste — Waste Management Advisory Committee be approved; and b) THAT a copy of Report No. 2012 -WR -1 of the Commissioner of Works and the revised Energy from Waste — Waste Management Advisory Committee Terms of Reference be forwarded to the Municipality of Clarington." CORRESPONDENCE FOR DIRECTION Correspondence Item D —9 was received as a Hand -out. Resolution #C- 082 -12 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1, D - 2, D - 3 and D - 5 be approved as per the Agenda. D - 1 Derrick Mckay, Race Director, Courtice Kids Multisport Series, advising of the 6th Annual "Courtice Kids of Steel Triathlon" to be held on Sunday, August 19, 2012, and requesting permission to close Nash Road from 8:30 a.m. until 11:30 a.m. The organizer has advised that appropriate insurance is in place and road closure permits for Courtice Road will be obtained. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Donna McAllister, President, PFLAG Canada, Durham Region requesting May 17, 2012, be proclaimed "International Day Against Homophobia/Transphobia" to send a message of tolerance, openness and hope and to combat homophobia and discrimination based on sexual orientation; and, requesting permission to fly the Rainbow Flag on one of the Municipality's flagpoles. (Proclaimed and approval granted for the flying of the Rainbow Flag) D - 3 Donald George Duthie, Maj. (ret), Committee Chairman, 172 Clarington Squadron, Royal Canadian Air Cadets, requesting permission to hold Spring Tagging days from Thursday, May 3 to Sunday, May 6, 2012. (Tag Days approved for May 3 to May 6, 2012) Council Meeting Minutes - 7 - March 5, 2012 D - 5 Jisha Jacob, Branch Council, Canadian Red Cross, Region of Durham, requesting that the month of March be proclaimed "Red Cross Month" to increase public awareness and gain support for Red Cross programs and services; and, requesting that the Red Cross flag be flown during the month of March on a Clarington flag post. (Proclaimed and approval granted for the flying of the Red Cross flag) D - 4 Garth Gilpin, Secretary Treasurer, Historic Downtown Bowmanville Business Centre, requesting the closure of King Street from Scugog Street to George Street (except for Christmas Moonlight Magic), Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking lot entrance to the Royal Bank parking lot and the 20 King Street East parking. lot for the following 2012 events: Maple Festival and Friday, May 4, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 8:00 p.m, until Saturday, May 5, at 7:30 p.m. Summerfest Friday, June 22 at 4:00 p.m. (Temperance Street from King Street to Church Street) and as above on Saturday, June 23 from 5:00 a.m. until 7:00 p.m. The parking lot to be closed on June 23rd only.. August Moonlight Madness Friday, August 10, from 5:00 p.m. until August 11 at 12:30 a.m., as above. Apple Festival and Craft Sale Friday, October 12 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 8:00 p.m. until Saturday, October 13 at 8:00 p.m.; and, Council Meeting Minutes - 8 - March 5, 2012 Christmas Moonlight Magic Friday, December 7 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m. (King Street from Scugog Street to George Street and the parking lot will remain open during this event this year.) Councillor Hooper stated a pecuniary interest with respect to Correspondence Item D - 4 as he owns property in downtown Bowmanville, and left the Council Chambers during discussion and voting on this matter. Resolution #C- 083 -12 Moved by Councillor Neal, seconded by Councillor Traill THAT the request for road closures from the Historic Downtown Bowmanville Business Centre for 2012 events be approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department. "CARRIED" Councillor Hooper returned to the meeting. D - 9 W. D. Manson, WDM Consultants, Project Manager, Land Development, Claret Investments Limited and 1361189 Ontario Limited, developers of Subdivision 18T- 92014, north. of Nash Road in the Hancock Neighbourhood, forwarding correspondence with respect to Item 2 of Report #1 — Ms. Racansky's Municipal Water Service Connection, highlighting provisions of an executed Subdivision Agreement outlining the obligations of Claret Investments Limited and 1361189 Ontario Limited regarding rectifying any well water supply interferences caused by their development activities; advising of the conclusions of a Well Monitoring Report carried out by Golder Associates in 2008 which indicated that the water shortage on the Racansky property could not be, reasonably attributed to construction activities; indicating that he is unaware of any hydrogeological report prepared by a suitably competent and accredited professional which disputes Golder's conclusions; and, respectfully requesting that Council defeat GPA Resolution #113 -12. Council Meeting Minutes - 9 - . March 5, 2012 Resolution #C- 084 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT W. D. Manson, WDM Consultants, Project Manager, Land Development, Claret Investments Limited and 1361189 Ontario Limited be advised of actions taken with respect to Item 2 of Report #1. "CARRIED" D - 6 Rai Scimone, Co- Ordinator, Cosmic Campout Music Festival, advising he is organizing an event to benefit both org4peace, a non - profit organization that assists orphaned children in Nepal and Clarington tourism to be held at 3388 Concession Road 3, Newcastle, on May 18, 19 and 20, 2012; indicating that the festival will showcase local musicians and feature an artisans village where local artists can display and sell their works; indicating that he has contacted Regional and Municipal staff to obtain necessary permits and insurance; advising that neighbours will be notified of the event; and, requesting that the Municipality grant an exemption to Clarington's noise by -law to help make the festival a success and benefit local business and the community. Resolution #C- 085 -12 Moved by Councillor Woo, seconded by Councillor Novak THAT the request from Rai Scimone, Co- Ordinator, Cosmic Campout Music Festival, for an exemption to Clarington's noise by -law be referred to staff. "CARRIED" D - 7 Toni Ellis, President, Ontario Urban Forest Council, forwarding correspondence to raise awareness of the environmental and economic fallout of the Emerald Ash Borer, an imported pest that has killed tens of thousands of ash trees; advising that currently, neither the Federal nor Provincial Governments are providing sufficient financial /management support to municipalities for the implementation of any part of an EAB program; and, forwarding the following resolution calling for a Federal and Provincial Role in Urban Forestry: "WHEREAS over 80% of Canadians now live in urban areas and have come to rely on the environmental, ecological and economic benefits of urban forests; Council Meeting Minutes _10- - March 5, 2012 AND WHEREAS the health of Canadians is sustained by their urban forests which provide services through improving air quality, cooling city streets and buildings, acting as a windbreak, shading from harmful UV rays, and filtering storm water, as well as beautifying our communities; AND WHEREAS neither the federal nor provincial governments currently include urban forestry in their mandates except in a limited role with respect to exotic, invasive pests; AND WHEREAS the Canadian Food Inspection'Agency has not been able to stop the spread of the Emerald Ash Borer throughout Ontario and Quebec; AND WHEREAS the Emerald Ash Borer is expected to cost Canadians over $2 Billion dollars in treatment and replanting; AND WHEREAS Canadian forestry programs and research are solely focused on industrial forests and do not at present include urban tree planting, appropriate species research, and insect control and management; AND WHEREAS other jurisdictions such as the United States Forest Service and the European Urban Forestry Research and Information Centre include urban forestry as a program and research area; AND WHEREAS Canada engages municipalities in a number of substantial infrastructure programs; THEREFORE BE IT RESOLVED that the Municipality of Clarington calls on the Federal and Provincial governments to take leadership roles in recognizing the need to support urban forestry, by establishing urban forestry mandates and programs which includes funding assistance to municipalities for the control and management of the Emerald Ash Borer - and any future significant imported diseases and insects - as well as the creation and funding of programs designed to support the on -going sustainable, management of urban forests. BE IT FURTHER RESOLVED THAT all municipalities across Ontario be encouraged to endorse this proclamation and that this resolution be distributed to The Honourable Gerry Ritz, Minister of Agriculture and Agri - Food; The Honourable Joe Oliver, Minister of Natural Resources; The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities; The Honorable Jim Flaherty, Minister of Finance; Local Federal Member of Parliament Bev Oda, Honourable Michael Gravelle, Council Meeting Minutes - 11 - March 5, 2012 Minister of Natural Resources; Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing; Honourable Dwight Duncan, Minister of Finance; Local Provincial Member of the Ontario Legislature John O'Toole, Tim Hudak, MPP, Leader of Progressive Conservative Party of Ontario and the Opposition Party; Andrea Horvath, MPP, Leader of the New Democratic Party of Ontario; Association of Municipalities of Ontario; and the Federation of Canadian Municipalities. Resolution #C- 086 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Ontario Urban Forest Council calling for a Federal and Provincial Role in Urban Forestry be endorsed, in principle. "CARRIED" D - 8. Donna Lepard expressing concern with the noise from the racetrack at Mosport and requesting that Council re- instate the curfew prohibiting racing prior to 10:00 a.m. on Sundays. Resolution #C- 087 -12 Moved by Councillor Partner, seconded by Councillor Novak THAT the request from Donna Lepard for re- instatement of the curfew prohibiting racing at Mosport prior to 10:00 a.m. on Sundays, be referred to staff for a report back to the next General Purpose and Administration Committee meeting. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 27, 2.012. Resolution #C -088 -12 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of February 27, 2012 be approved, with the exception of Items # 1(c), #2, #40, #42, #45, #46 and #47. "CARRIED" Council Meeting Minutes -12- March 5, 2012 Item #1 c Resolution #C- 089 -12 Moved by Councillor Neal, seconded by Councillor Partner THAT Report OPD- 001 -12 — 2011 Winter Report be received for information; and THAT Council and staff have a Rural Roads Spring tour in order to view first -hand the deterioration of rural roads. Item #2 \ Resolution #C- 090 -12 - Moved by Councillor Novak, seconded by Councillor Woo THAT Ms. Racansky's request for the Municipality to ask the Developer to pay for the private property work on her property necessary to connect the property to the municipal water service be denied. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo .Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Item #40 Resolution #C -091- Moved by Councillor Novak, seconded by Councillor Woo THAT Report CLD- 008 -12 be received; and Council Meeting Minutes -13- March 5, 2012 THAT the Procedural By -law be amended in section 4.9.1 to provide that should a Council or Committee meeting, regular or special, still be in session at 11:00 p.m., the meeting will reconvene the following Thursday at 3:00 p.m. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motions) Councillor Neal rose on a Point of Order stating that Councillor Novak's comments did not address the date and time. Mayor Foster ruled that Councillor Novak's comments were germane to the motion. Councillor Neal immediately appealed the ruling of the Chair. The Question "will the ruling of the Chair be sustained ?" was put to a vote. The ruling of the Chair Was sustained. Resolution #C- 092 -12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C- 091 -12 be amended to change the time of 3:00 p.m. to 4:30 p.m. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Council Meeting Minutes -14- March 5, 2012 Resolution #C- 093 -12 Moved by Councillor Hooper, seconded by Councillor Neal THAT the foregoing Resolution #C- 091 -12 be amended to change the time of 3:00 p.m. to 4:00 p.m. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Mayor Foster The foregoing Resolution #C- 091 -12 was then put to a vote and CARRIED AS AMENDED. Councillor Hooper stated a pecuniary interest with respect to Item #42 of Report #1 as he owns property in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Item #42' Resolution #C- 094 -12 Moved by Councillor Neal, seconded by Councillor Woo THAT Report FND- 005 -12 be received; THAT the 2012 Budget submission from the Board of Management for the Bowmanville Business Improvement Area be approved; and THAT the Board of Management for Bowmanville BIA be advised of Council's decision. "CARRIED" Councillor Hooper returned to meeting Council Meeting Minutes -15- March 5, 2012 Item #45 Resolution #C- 095 -12 Moved by Councillor Novak, seconded by Councillor Neal WHEREAS the Clarington Planning Services Department will be holding public meetings in rural Clarington as part of the Municipality's "Public Engagement Strategy" component of the Official Plan Review to gather feedback for the Natural Heritage Systems and the Rural Countryside Discussion Papers; WHEREAS it is time to address the needs of rural landowners, including both farmers and rural property owners, by amending Clarington's Zoning By -law to allow for greater flexibility that reflects the modern reality that many agriculturally and rurally based operations in Clarington now include various secondary uses; WHEREAS a "Zoning amendment to cover rural areas" has already been identified as an objective in Part II, "Planning for the Countryside" component of the Official Plan Review process in order to conform with Amendment 114 to the Region of Durham Official-Plan, the Greenbelt Plan and the Provincial Policy Statement, 2005; AND WHEREAS promoting efficient government resource management is a desirable policy objective; - NOW THEREFORE BE IT RESOLVED THAT the Clarington Planning Services Department expand the scope of the public consultation process that will be taking place as part of the Official Plan Review to collect additional feedback relevant to updating the Zoning By -law for the rural areas of the Municipality to allow greater flexibility for potential secondary uses to agriculture and non - agricultural uses; THAT an updating of the Zoning By -law for the rural areas of the Municipality to allow greater flexibility for potential secondary uses to agriculture and non - agricultural uses be commenced by the Clarington Planning Services Department no later than January, 2013; and THAT the Agricultural Advisory Committee be invited to provide input and collaborate with the Planning Services Department through the entire process of updating the Zoning By -law for the rural Clarington areas to allow for secondary uses to agriculture and non - agricultural uses. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motion) Council Meeting Minutes - 16 - March 5, 2012 Resolution #C- 096 -12 Moved by Councillor Novak, seconded by Councillor Woo THAT the foregoing Resolution #C- 095 -12 be amended by replacing the word "allow" with the word "consider" in Paragraphs 2, 6 and 7 and by replacing the word "allow" with the word "examine" in Paragraph 5. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Interest Absent Councillor Traill —Pecuniary Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster The foregoing Resolution #C- 095 -12 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Mayor Foster Resolution #C- 097 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:54 p.m. Council Meeting Minutes -17- March 5, 2012 Item #46 Resolution #C- 098 -12 Moved by Councillor Woo, seconded by Councillor Traill WHEREAS there have recently been several tragic events where workers have died or suffered serious injury in the workplace; WHEREAS in 1991, an Act Respecting a Day of Mourning for Persons Killed or Injured in the Workplace passed through all stages of the House of Commons and the Senate.and received Royal Assent on February 1, 1991; WHEREAS the Act proclaims April 28th of each year as a National Day of Mourning; and the Day of Mourning is also officially recognized in many countries through the world; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington join in paying respect to those working people who have died at the workplace, or suffered injuries on the job, by proclaiming Saturday, April 28th as a "Day of Mourning "; THAT the flags be lowered on April 28th in honour and remembrance of those killed in the workplace; and, THAT a ceremony be held by the .cenotaph at the Municipal Administrative Centre. Item #47 Resolution #C -099 -12 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS the Ontario Federation of Agriculture which is Ontario's largest farm organization has asked Premier McGuinty and the Provincial government to suspend the building of Industrial Wind Turbines across the province as of January 20, 2012; WHEREAS dozens of municipalities across this province have repeatedly asked for a moratorium on the construction of Industrial Wind Turbines until questions such as health concerns of people living in proximity to the Industrial Wind Turbines, proper setbacks of Industrial Wind Turbines, devaluation of neighbouring properties, decimation of the rural landscape, and destruction of wildlife habitats are properly studied and addressed; WHEREAS many of these municipalities have asked for the province to hand back the planning authority of Industrial Wind Turbines, but to no avail; and Council Meeting Minutes - 18 - March 5, 2012 WHEREAS the Ontario Auditor General has even tried to explain to this government the serious errors being made under the Green Energy Act with regards to more jobs being lost than created, the consumer and taxpayer subsidizing the Industrial Wind Turbine projects to create huge profits for large off -shore companies while making electricity very expensive for the citizens of this province, of the implications of decommissioning Industrial Wind Turbines twenty years from now; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington, along with all other municipalities across this province who share these concerns regarding the.damaging and devastating repercussions within our communities, hereby request that the Premier invoke an immediate moratorium of one year, with yearly extensions as required on the construction of Industrial Wind Turbines within the Province of Ontario until the concerns noted above are properly studied and addressed; and FURTHER THAT this motion be forwarded to AMO, to all municipalities in the Province of Ontario, Premier McGuinty, Local Members of Provincial Parliament, the Minister of Energy and the Minister of Environment. "CARRIED" STAFF REPORT(S) There were no Staff Reports 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- 100 -12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2012 -013 to 2012 -016 2012 -013 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Halloway Holdings Ltd.) 2012 -014 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (1804603 Ontario Inc.) 2012 -015 Being a by -law to stop -up and close and to authorize the sale of part of a road allowance Council Meeting Minutes - 19 - March 5, 2012 2012 -016 Being a by -law to amend By -law 2011 -016, a by -law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees; and THAT the said by -laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION There were no, Procedural Notices of Motion introduced under this Section of the Agenda.. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Hooper stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By -law, and left the Council Chambers during discussion and voting on this matter. CONFIRMING BY -LAW Resolution #C- 101 -12 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By -law 2012 -017, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 5th day of March, 2012; and THAT the said by -law be approved. "CARRIED" Councillor Hooper returned to the meeting. Council Meeting Minutes -20- March 5, 2012 ADJOURNMENT Resolution #C- 101 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 8;58 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS March 26, 2012 a) Dianne McKenzie, Executive Director, Epilepsy Durham Region — Purple Day for Epilepsy Awareness — March 2012 (Correspondence Item I - 15) SUMMARY OF CORRESPONDENCE MARCH. 26, 2012 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Clarington Agricultural Advisory Committee dated March 8, 2012 (Copy attached) 1 - 2 Minutes of the Ganaraska Region Source Protection Authority dated March 15, 2012 (Copy attached) 1-3 Albert Sweetnam, Executive Vice President, Nuclear Projects, Ontario Power Generation (OPG), advising that OPG is continuing with the planning and design work for refurbishment and continued operation of the Darlington Nuclear Generating Station and that in December. 2011, OPG submitted the Environmental l.mpact Statement (EIS) and technical support documents to the Canadian Nuclear Safety Commission (CNSC); indicating the EIS has concluded that, taking into account proposed design and mitigation measures, the refurbishment and continued operation of the Darlington Nuclear Station will not result in any significant adverse effects on the environment or on the health and safety of workers or the public; noting that a detailed technical and public review of the EIS and supporting information will be presented to the CNSC in a public hearing, likely to be held in the fall of 2012; and, encouraging Members of Council to call their toll -free information line 1- 866 -487- 4600 or visit the project website at www.opq.com /darlingtohrefurb for copies of the submissions or tQ contact Davinder Valeri, Director of Strategic Planning & Stakeholder Relations at 416 -592 -6160 for further information. 1 - 4 John R. O'Toole, MPP, Durham, writing to the Honourable .Jim Bradley, Minister of the Environment, forwarding a copy of correspondence from the Township of Brock regarding a request for Provincial regulations on commercial fill operations in support of the Municipality of Clarington's December 19, 2011, resolution regarding commercial fill; indicating that he supports the Municipality of Clarington's position which has been endorsed by other municipalities; and questioning the Minister as to what steps will be taken to establish clear regulations, guidelines and approvals as requested by many municipalities in Ontario. Summary of Correspondence -2.- March 26, 2012 1 - 5 Linda Jeffrey, Minister Responsible for Seniors, advising of the 2012 Senior Achievement Award Program, an annual program to celebrate the accomplishments and contributions. made by individuals after they have reached the age of 65 in fields including arts, literature, community service, voluntarism, education, environment, fitness and humanitarian; encouraging Council to nominate a deserving senior; indicating nomination forms and information outlining details of the program, the selection criteria and the procedures are available at www .ontario.ca /honoursandawards; and, advising the deadline for nomination is June 15, 2012. (- 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated February 23, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Revised Ambient Air Monitoring and Reporting Plan Plan (Environmental Assessment Condition 11) • February 10, 2012 Durham -York Energy Centre Ambient Air Quality Monitoring Plan • Letter to the Ministry of the Environment dated February 3, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the January 2012 Complaint and Inquiry Log • January 20.12 Durham York Energy Centre Call Centre Log • January 2012 Durham York Energy Centre Complaint Protocol Log • January 2012 Durham York Energy Centre Website Traffic Report and, advising that the documents are also available on the EFW project website at http:// www. durhamyorkwaste.ca /project /efw- committee.htm. 1 - 7 The Honourable Bev Oda, P.C., MP, writing to the Honourable Peter Kent, Minister of the Environment, advising Camp 30, a well -known internment camp for high ranking German Army and Navy officers during World War II located in the Municipality of Clarington, is currently under threat of demolition and redevelopment; and, requesting any assistance the Minister can provide in having Camp 30 recognized by the National Historic Sites and Monuments Boards as an important part of Canadian history. Summary of Correspondence -3 .- March-26, 2012 I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 7, 2012, Regional Council adopted the following resolution pertaining to potential change'to the method of selecting the Regional Chair: . "a) THAT a Public Meeting of Regional Council be held on April 4, 2012 in the Regional Council Chambers at the beginning of the regular Regional Council meeting, to consider passing a by -law to change the method of selecting the Regional Chair to election by general vote, in accordance with the Municipal Elections Act, 1996; and b) THAT a copy of Report #2012 -A -8 of the Regional Clerk be forwarded to the area municipalities. "' f - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty,. Premier of Ontario, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to the Report from the Commissioner of Finance regarding "Commission on the Reform of Ontario's Public Services "a) THAT Report #2012 -J -8 from the Commissioner of Finance be received for information; b) THAT the Region of Durham urges the Province of Ontario to give at least 60 days notice prior to any potential changes as a result of the report on the Commission on the Reform of Ontario's Public Services (Drummond Report) so. that municipalities, the Association of Municipalities of Ontario (AMO), the Association of Local Public Health Agencies (alPHa); Durham Region, Non - Profit Housing Corporation; Durham Regional Local Housing Corporation; and Durham's MPPs can provide comments in advance; , c) THAT Report #2012 -J -8 from the Commissioner of Finance and the corresponding slide presentation be placed on the Region's website under the heading `Commission on the Reform of Ontario's Public Services — The Drummond Report'; and d) THAT 'a Media Release be created to advise the residents of Durham that this information is located on the Region's website." Summary of Correspondence ­4 4 - March 26, 2012 1 - 10 P. M. Madill, Regional.Clerk, Regional Municipality of Durham, writing to the Ministry of the Environment, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to Source Water Protection Planning Pre - Consultation Process — Summary of Comments by Durham Region in Response to Draft Source Protection Policies: "a) THAT Regional staff comments on the draft source protection policies provided .directly to the Trent Conservation Coalition Source Protection Committee, the South Georgian Bay -Lake Simcoe Source Protection Committee and the Credit - Toronto Region -CLOCA (CTC) Source Protection Committee during their respective pre - consultation processes be received for information; and b) THAT a copy of Joint Report No. 2012 -J -7 be forwarded to the Ministry of the Environment (Source Protection Planning Branch), the Association of Municipalities of Ontario, the three Durham source protection committees, the Region's conservation authorities and the eight local area municipalities for their information." I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham; forwarding certified copies of the following by -laws approved by Regional Council on February 15, 2012: By -law 407 -2012 being a by =law to establish tax ratios for 2012 and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses; ® By -law #08 -2012 being a by -law to set and levy rates of taxation-for the Regional Solid Waste Management purposes for the year 2012; By -law #09 -2012 being a by -law to set and levy rates of taxation for the Durham Region Transit Commission for the year 2012; and By -law #10 -2012 being a by -law to set and levy rates of taxation for the Regional General Purposes for the year 20'12. 1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 7, 2012, Regional Council adopted the following resolution pertaining to Annual Subdivision /Condominium Activity Report for 2011 Summary of Correspondence -5 - March 26, 2012 "a) THAT Report #2012 -P -21 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2012 -P -21 be forwarded to the area municipalities." 1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding for information a copy of Report No. 2012 -P -20 of the Commissioner of Planning and Economic Development regarding the 2011 Census.of Population — Population and Dwelling Counts Release: 1 - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural Affairs, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to the Rural Connections Broadband Network Project: . "a) THAT the Ontario Ministry of Agriculture, Food and Rural Affairs be informed of the-Regional Municipality of Durham's inability to proceed with the Rural Connections Broadband Network project due to the fact that Xplornet was unable to purchase or lease the licensed 3.5GHz Spectrum by December 31, 2011 which was required to proceed with the project; b) THAT the Finance Department be authorized to submit.a final report to the Ontario Ministry of Agriculture, Food and Rural Affairs to request compensation for one third of the project management costs incurred to date; c) THAT the Regional Chair be authorized to write to the Honourable Christian Paradis, MP, Federal Minister of Industry, requesting Industry Canada to set aside rural areas from urban areas and deal separately with them in the next spectrum auction, to ensure that Rural Internet Service Providers can avail themselves of much needed licensed spectrum; and . d) THAT a copy of Report #2012 -EDT -8 be forwarded to Durham MP's and MPP's; area municipalities; GTA Regions; Canadian Radio - television and Telecommunications Commission; Commissioner for Complaints for Telecommunications Services; Ontario Ministry of Agriculture, Food and Rural Affairs; Ministry of Agriculture and Agri -Food Canada; Association of Municipalities of Ontario; Federation of Canadian Municipalities; Rogers; Bell; and Inukshuk Wireless." Summary of Correspondence - 6* - March 26, 2012 1 - 15 Dianne McKenzie, Executive Director, Epilepsy Durham Region thanking Council for proclaiming March as "Epilepsy Awareness Month" and March 26, 2012 as "Purple Day for Epilepsy Awareness ", thereby fostering a relationship of mutual respect and trust for those who have been living in isolation; congratulating Council on their efforts to make positive changes in the community; advising this year Epilepsy Durham Region is celebrating its 25th Anniversary, and will continue to support families and children, meet the growing demand for their services in the community, and raise awareness; indicating that they rely solely on donations from the public to provide programs and services; and, inviting Council to become a partner. in raising awareness, eradicating stigma and ensuring that no child living with epilepsy does so alone. 1 - 16 Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on February 23, 2012, Ajax Town Council adopted the following resolution pertaining to the Drummond Report: "THAT the Government of Ontario be urged to notify and consult with all municipalities in the province and with significant municipal government and professional organizations, such as AMO, AMCTO, MFOA and others, at least sixty days prior to the implementation of any of the recommendations resulting from the Drummond Report; and, THAT notice of this resolution be circulated to the Premier of Ontario, Joe Dickson — Ajax - Pickering MPP, all other MPPs. in Durham Region, the Leaders of the Ontario Opposition Parties, all municipalities in Durham Region, AMO, AMCTO and MFOA." 1 - 17 John Bolognone, City Clerk, City of Kingston, advising Council that on February 21, 2012, the City of Kingston adopted the following resolution pertaining to increase in Provincial payment -in -lieu of taxes: "WHEREAS in 1970 the rate of provincial payments in lieu of faxes for universities was arbitrarily set at $25 per full time student; and WHEREAS in 1973 that was doubled to $50 per student and the payment was expanded to include hospitals and provincial correctional institutions; and WHEREAS in 1987 that rate was increased by 50 %, still without apparent justification, to $75 per student and bed; and Summary of Correspondence -7 - March 26, 2012 WHEREAS that rate has remained constant since that time despite the fact that inflation would in 2012 require an almost doubling the payment ($146); and WHEREAS at least sixty -five communities have called for an increase in payments; and WHEREAS heads of universities are supporting that call; and WHEREAS Premier McGuinty has looked to the municipalities of the province to be the economic engine of Ontario; and WHEREAS the payments in lieu of taxes do not meet the actual costs of municipalities to provide the'necessary services for the various institutions, thus placing an unfair tax burden on their property taxpayers, thereby jeopardizing a municipality's ability to meet infrastructure demands, and consequently weakening their ability to act as economic-engines; THEREFORE BE IT RESOLVED THAT the City of Kingston calls on the government of the Province of Ontario to include in the budget now being prepared an increase to the payments in lieu of taxes; and THAT the City of Kingston calls on the Province of Ontario to meet with the host municipalities for the purpose of reviewing the basis for payments in lieu of taxes, and determining a stable foundation going forward for those payments that meets associated costs prior to the 2.013 budget cycle; and THAT copies of this motion be sent to: the Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; the Honourable John Gerrets.en, MPP for Kingston and Islands; all Ontario municipalities with any of hospitals, post secondary institutions or provincial correctional institutions; the Large Urban Mayors Caucus of Ontario (LUMCO); the Eastern Ontario Mayors Committee (EOMC), and the Association of Municipalities of Ontario (AMO). Summary of Correspondence -8 - March 26, 2012 1 - 18 Susan Self, Chair CTC Source Protection Committee, advising that the Draft Proposed Source Protection Plans for the Trent Conservation Coalition Source Protection Region, documents outlining policies that will address identified threats to water supplies used for municipal drinking water systems, a public notice and a fact sheet have been posted to their website at http:// www.trentsourceprotection.on.ca and are available for public review in the Municipal Clerk's Department until April 23, 2012. CORRESPONDENCE FOR DIRECTION D - 1 Jack Bergs forwarding a list of individuals concerned with the noise that emanates from the Union Rod and Gun Club at times of shooting activities; and, requesting that sound monitoring take place on their properties to determine if the noise level is in compliance . with the Municipality's Noise by -law. Motion to refer correspondence to staff) D - 2 Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax, writing to David Ullrich, Executive Director, Great Lakes & St. Lawrence Initiative, advising that on March 8, 2012, Ajax Town Council adopted the following resolution pertaining to the Great Lakes and St. Lawrence Cities Initiative- Status Update and Resolution for the 2012 Annual Meeting: 1. THAT the report entitled "Great Lakes and St. Lawrence Cities Initiative - Status Update and Resolution for the 2012 Annual Meeting ", dated March 8, 2012, be endorsed; 2. THAT this staff report and the attached resolution be sent to the Canadian and Ontario Ministers of the Environment as input to the revised Great Lakes Water Quality Agreement, the renewed Canada - Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act; and 3. THAT this report be sent to the Executive Director of the Great Lakes and St. Lawrence Cities Initiative, Durham Region, the area municipalities in Durham Region, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, Conservation Ontario and the Association of Municipalities of Ontario." (Motion to refer correspondence to staff) Summary of Correspondence - 9 - March 26, 2012 D - 3 Linda Jeffrey, Minister Responsible for Seniors, extending an invitation to Council to participate in the 2012 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of th.e community without thought of personal or financial gain. Nominption forms for The Senior of the Year Award are available on the Ministry of Citizenship and Immigration's website at www.ontario.ca /honoursandawards and are due by April 30, 2012. (Motion for Direction) D - 4 Lynn Clark, Deputy Clerk, Township of Havelock - Belmont- Methuen, advising Council that on March 5, 2012, the Township of Havelock - Belmont- Methuen adopted the following resolution pertaining to the Ontario Wildlife Damage Compensation Program: "WHEREAS predation of Livestock by Wildlife is a recognized problem in Ontario as evidenced by the need for the Ontario Wildlife Damage Compensation Program; and WHEREAS the purpose of the Ontario Wildlife Damage Compensation Program is to provide financial assistance to producers whose livestock, poultry or honey bees have been injured or killed as a result of Wildlife; and WHEREAS one of the recent changes to the eligibility requirements under the Ontario Wildlife Damage Compensation Program is that all applicants must have a valid Farm Business Registration Number (FBR); and WHEREAS the change in eligibility requiring a valid FBR is very unfair for those who do not meet the eligibility criteria, such as hobby farmers that do not meet the criteria for a FBR number, those that raise their own meat to support their families, or those that have animals as pets or for pleasure, are now deemed ineligible for reimbursement under the program; NOW THEREFORE BE IT RESOLVED that the Minister of Agriculture, Food and Rural Affairs is asked to reconsider the eligibility requirements that all applicants must have a valid Farm Business Registration Number, with the intent to enable financial assistance similar to the previous program to a wider array of livestock producers whose livestock have been injured or killed as a result of Wildlife; and Summary of Correspondence - 10 - March 26, 2012 FURTHER THAT a copy of this resolution be circulated to the Minister of Agriculture, Food and Rural Affairs; MPP Jeff Leal; the Association of Municipalities of Ontario; and all the municipalities in Ontario to request their support." (Motion for Direction) I -1 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, MARCH 8, 2012 MEMBERS PRESENT: Jenni Knox Brenda Metcalf Don Rickard Tom Barrie Mary Ann Found John Cartwright Les Caswell Gary Jeffery Eric.Bowman Ted Watson 012 -06 Moved by John Cartwright, seconded by Eric Bowman "That the minutes of the February 9th, 2092 meeting be approved." CARRIED Delegation; Ted Meszaros on behalf of his wife Beth and the Clarington Citizens for Clean Water and Soil. Ted and Louie are neighbours to the fill operation on Morgan's Road. They have learned that there are many issues with trying to regulate fill operations. Fill is not just an issue for the Morgan's Road site it is occurring all over the Region. There are some unscrupulous dumpers /fillers that are willing to incur fines but keep dumping because of how profitable it is. In the case of Morgan's Road, GRCA issued a permit as it was within a Agricultural Advisory Committee of Clarington March 8th 2012 regulated area (adjacent to a PSW). The soil being brought in is Table 2 soil which means it can be contaminated and is not topsoil. There are impacts on the neighbours through dust, noise, traffic. Also impacts on the roads through wear and tear. No one can give the neighbours a guarantee that if their well becomes contaminated that it will be addressed.... proving where the contamination in a well comes from is extremely difficult. Guest: Tom Vendrasco is in attendance because he is curious about what the committee members consider topsoil_ There is an exemption in the Site Alteration By -law (distributed by Tom to members) for farming. Tom would like to know if 2" of soil is enough to grow a crop .... in response, committee members indicated it depends on how long the soil has been there, and its structure. Soil is a living thing, when you alter it, it has to recover from the loss of soil structure and drainage, and topsoil only lives in the top 6 ". Farmers are,.willing to fill certain areas but it has to be done right and typically the farmer has to supervisethe dumping and spreading to ensure it is done right. The definition of topsoil in the Site 'Alteration By -law was deemed adequate. The suggestion from the group was to contact OMAFRA, MOE and MNR. The name provided for OMAFRA was Christine Brown out of the Woodstock office who could indicate the soil specialist for this area. The Mayor provided some comments on how the approach will have to be unified across the Region and has requested Durham Region to take the lead and call together all the municipalities. The Municipality with the weakest by -law will be targeted. Engineering Services has a report on the next GPA meeting for amendments.to.the Site Alteration By -law and Leslie Benson will be invited to attend the next meeting to explain the updates. However, there will most likely need to be further updates`to keep..Clarington's'by -law in parody with other municipalities. Guest: Fred Horvath and Bob Genosko are in attendance.to discuss ditching, roadside cutting and maintenance and road conditions. Fred provided an overview about the changing conditions (weather) we are experiencing and also the higher level of diligence required by the Municipality because of liability cases in other jurisdictions. Operations have a Road Patrol System in place starting in November through April.; They patrol all sectors of Clarington recognizing the different weather zones across the municipality. The method of combating today's conditions means .there is, more spreading of material, even though there is less snow. A typical winter will have 2 or 3 freeze thaw cycles. As an example in 1978 we had 7 freeze /thaw cycles for the entire:winter. In: December 2011 we had 14 freeze /thaws and in January 2012 we have had 13 freeze /thaws. This means while there is less snow ploughing there is more spreading slurry to avoid ice.and that potholes are more likely due to the amount of rain. Clarington has 900 kilometres of roads, 600 of that is rural. The rural road system is challenging, some have not seen reconstruction for 15 years. There may be some low traffic roads we could move back to gravel. Ditching is a problem, 1200 kilometres of ditches, in a good year maintenance /renewal on 30 -40 km, we are about 500 km behind. Staff is pulled off ditching to address illegal dumping, and other we issues. Operations are trying to extend the life of roads, grinding off the top and adding gravel and slurry. Result has been that our pot hole liability claims have decreased.' Bob Genosko provided a handout on invasive species such as dog strangling vine, giant hogweed, etc. There is work being done in trying to have these species and others added to the noxious weed listing. Regardless there is no magic bullet to take care of the invasives. The Agricultural Advisory Committee of Clarington March 8th 2012 ban on cosmetic pesticides has not been helpful and while public works has an exemption there is little that controls invasives. The Region employs the weed inspector. Question was asked about what happens with noxious weeds on municipal property? Roadside cutting; the first cut is not for weed control, rather it is for traffic visibility and drainage. The second cut is preparation for winter. The intent of the cuts is not for weed control. Comments from committee members on second cut being late and just spreading the seeds from the invasives throughout the roadside, if the intent of the cut was for weed control it would be better. It was noted that the Region and MTO only cut the roadsides once a year. There is dog strangling vine all along the 401 from the DVP to Port Hope and beyond. Discussion on contracting out; some aspects are contracted out such as parks, however other areas such as cemeteries and snowploughing where it has, been tried have not been successful If you get a less than careful contractor you spend the time iri supervising them which really does not gain any efficiency. Operations are constantly ettinglargets and benchmarks to improve service but they are also responsible for many more itemsahan in the past with growth, aging infrastructure and new standards. Gary thanked Fred, Bob, Tom, Ted and Louie for attending and invited them to stay for remainder of the meeting if they wished. Business Arising Clarington Wind Farm — few of the members attended the open house on Feb 22. To date, the committee has not been involved in the wind issue. There was a presentation a number of years ago about alternative energy. Some of the members have been.approached by contractors to sign leases but none have.. The Municipality has advised `land- owners.to ensure that they are aware of what they are entering into and to consult -their lawyer in advance. The Ridgetown /Essex County windfarm is a co -` operative between 47 different farmers in the area. They are the owners of the windfarm and therefore make the profits from it. There was very little opposition`to.the wmdfarm as many in the community are benefitting from it. Correspondence and Council Referrals — Secondary Uses, Councillor Traill at the last meeting discussed secondary uses, the resolution passed by Council was distributed. This committee's input will be important to this issue. The resolution requests the Planning Services Department to seek additional input during the public review portion of the Official Plan Review for the rural /countryside discussion paper. Faye explained that while a firm approach had not as of yet been determined, the options being discussed by Planning include something similar to the "preference" survey that' accompanied the review of the Sign By -law. Members are encouraged to provide a listing'of secondary uses (including examples of where they occur so that visuals can be provided) to Faye. There was concern expressed by some committee members that the resolution wording identifies "rural landowners" and that rural landowners may want secondary uses that are different from what is good for agriculture. Secondary use "preferences" that some rural landowners may want will impede "normal farm practices ". There will have to be very careful consideration of the impacts of each suggested and preferred secondary use, the general consensus of the rural population should not outweigh what is best for agriculture and the protection of the resource (being Class 1, 2, 3 soils). There are secondary uses that some agricultural operations may employ to keep their business viable but again may not be best for the resources (agri- entertainment was cited as undesirable with regard to side effects). Agricultural Advisory Committee of Clarington March 8th 2012 Volunteer Service Awards, Ted Watson and Tom Barrie have both served on the committee since its inception in 2001 and their efforts will be recognized as part of the Volunteer Service Awards by Ontario Honour and Awards at a reception on April 17th in Oshawa. Liaison Reports DAAC — Eric invited the Mayor and Councillor's to make sure they attend the DAAC tour this year on September 12th near Scugog, the format will be different. One location with 3 stations, more of a technology basis and also invitations to suppliers, allowing people to get into the machinery, etc. Presentation at the DAAC meeting regarding the Environmental Farm Plan, requesting a new envelope of funding from Province; last time around Province supplied 94 million which saw spending of 318 million within province directly for improvement of agriculture. Eric and Tom were some of the first to do environmental farm; plans some 15 years ago. All of the former EFP will have to be updated to meet the new. targets established. DRFA — On Feb 28th held a program regarding Risk Management from horticulture through to livestock, this is in response to some of the legislative changes that have occurred.. March 18th at Lindsay Exhibition there will be a workshop on the Endangered Species Act. April 3,4,5 is Farm Connections at Vipond Arena in Brooklin, there are 27 classes registered and a waiting list. Open House is on April 4th 4:30 to 8:30p.m. CBOT —A roundtable discussion with new Minister of Agriculture, Hon. Ted McMeekin MPP, will be held next week. He has agreed to ..2 hours. It is an invitation only event, Don has worked with Sheila to try and get a cross - representation of all sectors /commodity groups in agriculture, and also targeted younger farmers. Tonight's discussion has certainly highlighted a couple of the areas for what questions, should be asked. CBOT is looking for new office space. AGM for CBOT is April 19th, speaker will: be from Tim Norton's:' Other Business Broadband The Region was working on a broadband contract which had funding from Federal government, the successful company was unable to 'acquire the necessary broadband width. Rogers and Bell have joined forces as a third company and acquired broadband width. The Mayor suggested that we have..Marlene provide an update at a future meeting and that a resolution might be in order. Chinese Consul General- There isa new one and they are very interested in agriculture, so if there are events or tours that committee members are involved in that might be of interest let the Mayor's office know:_: Race Track Profits, Drummond Report — Councillor Partner has concerns about recommendation of the Drummond Report on the horse race industry. It was suggested that a small sub - committee of Faye, Mary Ann, Councillor Partner and a couple of individuals from the horse industry be put together to draft a resolution for committee's consideration. OnTrace- John Cartwright distributed information on the Agri -Food Premises Registry, all suppliers to the market should have to register for traceability of food products, some of members are already registered. OnTrace is an industry-led not - for - profit that will supply information about the source of food and food ingredients when emergencies arise "from farm gate to dinner plate ". Website is www.ontrace.ca Agricultural Advisory Committee of Clarington March 8th 2012 Farmland Preservation Forum at University of Guelph on Feb 17th, Faye was a speaker on the Land Use panel about competing priorities and how to balance. Faye addressed urban growth, other panel members addressed natural environment, aggregate resources, alternative energy, and economics; Faye gave the committee an overview of the presentation and how she had focused on the area between Bowmanville and Newcastle as a microcosm of the issues facing agriculture that is adjacent to urbanization. For the two questions that had been posed to the panel members that Faye had asked the committee to comment on at the last meeting being "If you could change one policy what would it be ?" and "What trend gives you hope ?" Faye responses were: "If you could change one policy what would it be ?" Make Class. .1,.2,3 and endangered species, to give them as much significance as the other endangered species. Faye received a large cheer from the crowd at the conference for this response..`; "What trend gives you hope ?" Technology in general, today we look after many things with our brains that used to be done with our hands and it.will continue to create prosperity in the future. Faye's presentation and speaking notes have been issued as part of the proceedings of the conference; she has been contacted by numerous other municipalities thatare all facing similar issues and looking at how to protect agricultural lands;:. Faye received same negative feedback from the organic industry on her comh1ents about Ibo:acre farms being subsistence farming not viable profit units any longer and also for allowing Algoma packaging (some perceive as an industrial use) on Class 1 agriculture land Newcastle Farmers Market Representative - deferred..to-next meeting. Future Agendas URS /MTO has requested to attend May'meeting regarding the interchanges along the 401. John Cartwright moved to adjourn. CARRIED Next Meeting April 12th, 2012 Rick Pigeon will be requested.,, o attend in April, to discuss building permit processes. Leslie Benson will be invited for 'an update on the Site Alteration By -law. Marlene will be asked to update on Broadband. Agricultural Advisory Committee of Clarington March 8 n 2012 I -2 GANARASKA REGION SOURCE PROTECTION AUTHORITY MINUTES OF THE AUTHORITY March 15, 2012 SPA 01/12 1. Welcome and Call to Order Chair Raymond Benns called the meeting to order at 8:10 p.m. MEMBERS PRESENT: Raymond Benns, Chair - Township of Alnwick/Haldimand John Fallis - Township of Cavan Monaghan Miriam Mutton — Town of Cobourg Forrest Rowden — Town of Cobourg Mary Lou Ellis - Municipality of Port Hope Linda Thompson — Municipality of Port Hope Wendy Partner — Municipality of Clarington Willie Woo — Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO /Secretary- Treasurer Mark Peacock, Director, Watershed Services Pam Lancaster, Stewardship Technician Members of the Public ABSENT WITH REGRETS: ALSO ABSENT: Mark Lovshin, Vice -Chair — Township of Hamilton Heather Stauble — City of Kawartha Lakes Minutes of Last Meetin SPA 01/12 MOVED BY: Wendy Partner SECONDED BY: Willie Woo THAT the Ganaraska Region Source Protection Authority approve the minutes of the September 15, 2011 meeting. CARRIED. 3. Adoption of the Agenda SPA 02/12 MOVED BY: Linda Thompson SECONDED BY: Forrest Rowden Minutes SPA 01 /12 c) Draft Source Protection Plan Policies Questions were asked regarding financial implications of municipal implementation. SPA 06/12 MOVED BY: Mary Lou Ellis SECONDED BY: Wendy Partner Page 3 THAT the Ganaraska Region Source Protection Authority receive the Draft Policies documentation for information. FURTHER THAT the Ganaraska Region Source Protection Authority forward the Draft Ganaraska Source Protection Plan to the Ganaraska Region Conservation Authority staff and the Ganaraska Region Municipal Working Group for review and comment and, FURTHER THAT staff provide comments to the Trent Conservation Coalition Source Protection Committee. CARRIED. 9. Adjourn The meeting adjourned at 8:25 p.m. on a motion by Wendy Partner. CHAIR 0, S- 0, — 0", CAO /SECRETARY - TREASURE R REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 26, 2012 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 19, 2012 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD- 018 -12 Newcastle No- Frills Grocery Store Ontario Municipal Board Hearing (b) EGD- 011 -12 Monthly Report on Building Permit Activity for February, 2012 (c) ESD- 004 -12 Next Generation Common Communications Platform (d) CSD- 005 -12 Indoor Tennis Facilities (e) FND- 006 -12 Mayor And Councillors' Remuneration And Expenses For 2011 2. DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR OF CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE THAT the delegation of Sheila Hall be received with thanks; and THAT thanks be passed along to Clarington Board of Trade for their work and accomplishments. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - March 26, 2012 3. REQUEST FOR NOISE EXEMPTION THAT Report CLD- 012 -12 be received.; THAT the request for a noise exemption from Mr. Rai Scimone be approved; and THAT all interested parties listed in Report CLD- 012 -12 be advised of Council's decision. 4. APPLICATION FOR REMOVAL OF HOLDING 40M -2462 APPLICANT: 2134359 ONTARIO LTD. (BAYWOOD HOMES) THAT Report PSD- 015 -12 be received; THAT the application submitted on behalf of 2134359 Ontario Ltd. (Paywood Homes) to remove the Holding (H) symbol be approved and that the By -law attached to Report PSD- 015 -12 to remove the Holding (H) Symbol be passed; THAT Council's decision and a copy of Report PSD - 015 -12 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD - 015 -12 and any delegations be advised of Council's decision. 5. PROPOSED AMENDMENT TO SIGN BY -LAW 2009 -123 TO PERMIT THE RECONSTRUCTION OF A 12.OM2 PYLON SIGN 2401 -2405 HIGHWAY 2, BOWMANVILLE THAT Report PSD- 016 -12 be received; THAT the application for Amendment to the Municipality of Clarington Sign By -law 2009 -123, submitted by Rock Developments Inc., to permit the reconstruction of a. pylon sign measuring 12.0 m2 in display area, be approved and that the By -law, contained in Attachment 2 to Report PSD- 016 -12 be passed; and THAT all interested parties listed in Report P8D- 016 -12 and any delegations be advised of Council's decision. Report #1 - 3 - March 26, 2012 6. PROPOSED AMENDMENTS TO SITE ALTERATION BY -LAW THAT Report EGD- 010 -12 be received; THAT Council approve the proposed amendments to the Site,Alteration By -Law 2008 -114 and the Noise By -Law 2007 -071 by adopting the amending by -law attached to Report EGD- 010 -12 as Attachment 1 as amended with the Large Fill Operations > 500m3 fees at: $1000 >500m3 plus $1.00/m3 of fill to be consistent with Scugog Township and Ganaraska Region Conservation Authority fees; and THAT a copy of Report EGD- 010 -12 and Council's decision be forwarded to the interested parties listed in Report EGD- 010 -12, 7. HAMPTON SKATEBOARD PARK SITE SELECTION THAT Report EGD- 012 -12 be received; THAT the Hampton Skateboard Park be located at the Darlington Sports Centre at the north /east corner of the parking lot; THAT interested parties be notified of Council's decision; and THAT Hydro One, Halminen Homes, Gay Company Ltd., MinCom Millennium Realty, and St. Marys Cement be thanked for their generosity. 8. 24 HOUR ANIMAL SERVICES THAT Report CLD- 009 -12 be received; THAT the Animal Services' service levels remain status quo; and THAT the issue of After Hours Emergency Animal Services be referred to the 2013 Budget for consideration. Report #1 - 4 - March 26, 2012 9. COUNCIL ACCESS TO ELECTRONIC DOCUMENTS INCLUDING ELECTRONIC AGENDAS THAT Report CLD- 010 -12 be received; THAT Staff be directed to prepare a "Technology Devices for Council" policy which includes a provision for tablets funded through the 2013 budget; THAT the use of tablets /laptops in the Council Chambers, while limiting the ability to send /receive emails as per the Procedural By -law, be referred to the 2013 budget; and THAT implementation of a meeting management software solution to provide for improved efficiencies, transparency and.environmental responsibility be referred to the 2013 budget. 10. REQUEST FOR. NOISE CURFEW AT CANADIAN MOTORSPORT VENTURES LTD. (MOSPORT) RACETRACK THAT Report CLD- 011 -12 be received; THAT the request fora noise curfew requested by Donna Lepard be denied; and THAT Donna Lepard and Canadian Motorsport Ventures Ltd.be advised of Council's decision. 11. TENDER NO. CL2011 -34 — GRASS CUTTING & TRIMMING THAT Report COD - 006 -12 be received; THAT B &D Tractor Services, Bowmanville, Ontario, with a total bid amount of $201,209.54 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011 -34, be awarded the contract for Grass Cutting and Trimming for Section 1 — Courtice, as required by the Operations Department; THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of $114,681.97 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011 -34, be awarded the contract for Grass Cutting and Trimming for Section 3 — Newcastle as required by the Operations Department; Report #1 - 5 - . March 26, 2012 THAT pending satisfactory service and acceptable pricing the contract be extended for a fourth and fifth year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100 -36- 325 710115 -7163 Parks Maintenance Contract. 12. VALLEYS 2000 FISH BY -PASS CHANNEL THAT Report COD - 007 -12 be received; THAT the requirements of the Purchasing by -law be waived; THAT, subject to all conditions being met; staff be authorized to negotiate a single source agreement with Valleau Construction Inc., Bowmanville, for the construction of a Bowmanville Creek Fish By -pass Channel as required by Valleys 2000 (Bowmanville) Inc.; and THAT the Mayor and Clerk be authorized to execute an agreement satisfactory to the Municipal Solicitor. 13. ASSUMPTION OF ROAD WIDENINGS THAT Report LGL- 001 -12 be received; THAT Council adopt the by -law attached to Report LGL- 001 -12 to establish various road widenings as public highways; and THAT Council authorize the Municipal Solicitor to make an application to register the By -law. 14. AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 THAT Report PSD- 009 -12 and Addendum to Report PSD- 009 -12 be received; THAT Amendment 77 to the Clarington Official Plan as set out in the By -law contained in Attachment 3 to PSD- 009 -12 be adopted; THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; Report #1 - 6 - March 26, 2012 THAT Municipal staff endeavour to complete the Growth Management phase of the. Official Plan Review within 18 months incorporating the infrastructure and financing implications of future growth and any implications from the. hearing on the Regional Growth Plan Amendment (ROPA #128) currently before the Ontario Municipal Board; THAT the Regional Municipality of Durham Planning Department be forwarded a copy of Addendum to Report PSD- 009 -12 and Report PSD- 009 -12; and THAT.all interested parties listed in this Addendum to Report PSD- 009 -12 and any delegations be advised of Council's decision. 15. FORWARDING DIRECT ELECTION RESOLUTION TO DURHAM MUNICIPALITIES THAT the resolution of Council regarding direct election of the Regional Chair, passed on January 30, 2012, be forwarded to all Durham Region municipalities. 16. EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK — PROPOSED SETTLEMENT OF PORT DARLINGTON HARBOUR COMPANY, ET AL CLAIM THAT Resolution #CGPA -06 -12 passed in Closed Session be ratified. SUMMARY OF BYLAWS March 26, 2012 BY -LAWS 2012 -006 Being a By -law to adopt Amendment No. 77 to the Clarington Official Plan (Item 14 of Report #1) 2012 -018 Being a by -law to exempt a certain portion of Registered Plan 40M -2459 from Part Lot Control . 2012 -019 Being a by -law to exempt a certain portion of Registered Plan 40M -2202 from Part Lot Control 2012 -020 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Municipality of Clarington (2134359 Ontario Ltd. (Baywood Homes) (Item 4 of Report #1) 2012 -021 Being, a by -law to amend By -law 2009 -123, the Sign By -law for the Corporation of the Municipality of Clarington (Item 5 of Report #1) 2012 -022 Being a by -law to amend Site Alteration By -law 2008 -114 and Noise By -law 2007 -071 (Item 6 of Report #1) 2012 -023 Being a by -law to establish certain lands as public highways (Item 13 of Report #1) 2012 -024 Being a By -law to exempt a certain portion of Registered Plan 40M -2459 from Part Lot Control 2012 -025 Being a By -law to appoint an individual as a Parking Enforcement Officer for Private Property (Steve Derrett) • � MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 23, 2012 Subject: COUNCIL AGENDA — MARCH 26, 2012 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of delegations attached. CORRESPONDENCE D - 5 Paula Tenuta, MCIP RPP, Vice President, Policy & Government Relations, Building Industry and Land Development Association (GILD) expressing concern with the proposed amendments to the site alteration by -law (Item 6 of Report #1), particularly with respect to restricting the source of fill to only that which comes from within Clarington, related proposed permit fee increase and various transition provision items; and, requesting Council to revisit the proposed transition policies and to defer the matter to allow for additional consultation with the affected BILD Durham Chapter members. (Motion to advise of actions taken regarding Report EGD- 010 -12) D - 6 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, advising that on March 19, 2012, the Township of Brock adopted the following resolution pertaining to Regional Chair Selection: "WHEREAS the Regional Municipality of Durham has scheduled a formal public meeting with respect to changing the format of selecting its Regional Chair for April 4, 2012; AND WHEREAS, should the requisite by -law be enacted by Regional Council, it will be circulated to each area municipality for their respective assent as part of the triple majority required; 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 PAGE 2 NOW THEREFORE BE IT RESOLVED the Council of the Township of Brock adopts the following: THAT, in the event the by -law is circulated to each area municipality, staff be instructed to establish a formal public meeting for the purpose of receiving public input for the purpose of assisting Council in their deliberations with respect to this matter; 2. THAT all of the area municipalities in the Region of Durham be respectfully requested to host their own local public meetings to receive public input; 3. THAT this resolution be circulated to all area municipalities within the Region of Durham for action; and, 4. THAT this resolution be circulated to the Region of Durham for information." (Motion for Direction) D - 7 Ronald M. Kanter, MacDonald, Sager Manis, LLP, on behalf of Richard Rondeau, owner of 3061 RR 20, indicating that prior to purchasing the property, his client contacted the municipality to determine if a permit was needed to dump clean fill on the site and were told they did not require a permit; subsequently his client received a stop work order and were advised they did require a permit and submitted an application on February 28th to dump fill; expressing concern that on March 20th Mr. Rondeau was advised that a recommendation was approved at the General Purpose and Administration Committee meeting on March 19th proposing an amendment to the by -law which will impact not only his client, but will affect major infrastructure projects. Mr. Rondeau is also concerned about the proposed fee and is requesting that Council refer the proposed amendment back to Committee for further consideration. (Motion to advise of actions taken regarding Report EGD- 410 -12) COMMITTEE REPORT Item #3 REQUEST FOR NOISE EXEMPTION Please be advised that Mr. Scimone has changed the location of the Cosmic Campout Festival event to the Orono Fairgrounds; therefore, it is recommended that Item #3 of Report #1 be amended to read as follows: "THAT Report CLD- 012 -12 be received; THAT the request for a noise exemption from Mr. Rai Scimone for the Cosmic Campout Festival to be held on May 18, 19 and 20, 2012 at the Orono Fairgrounds, be approved; and CLERK'S DEPARTMENT MEMO PAGE 3 THAT all interested parties listed in Report CLD- 012 -12 be advised of Council's decision," Patti L. Barrie, CMO Municipal Clerk PLBIcf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS March 26, 2012 a) Dianne McKenzie, Executive Director, Epilepsy Durham Region -- Purple Day for Epilepsy Awareness — March 2012 (Correspondence Item I - 15) b) Ronald Kanter — Proposed Amendments to Site Alteration By -law (Item 6 of Report #1 and Correspondence Item D -- 7) • '0 MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 26, 2012 Subject: COUNCIL AGENDA — MARCH 26, 2012 Please be advised of the following regarding tonight's meeting: CORRESPONDENCE D-8 Michael Scott, Policy & Legislation Manager, Ontario Stone, Sand & Gravel Association (OSSGA), advising that OSSGA, a non - profit industry association representing over 250 producers of sand, gravel and crushed stone and suppliers, supplies the majority of aggregate consumed annually in Ontario and the essential building materials to all levels of government for their infrastructure needs; expressing concern regarding the proposed changes to the site alteration by -law, specifically with respect to source restrictions and potential impacts; and, requesting the opportunity to review the proposed amendment and to provide detailed comments. (Motion to advise of actions taken regarding Report EGD- 010 -12) COMMITTEE REPORT Item #16 Expropriation of West Beach Lands for Bowmanville Waterfront District Park — Proposed Settlement of Port Darlington Harbour Company, Et Al Claim Attached under separate cover, is a copy of the resolution which was passed in the sed session of the March 19, 2012 GPA meeting, for Council ratification. Patti L. Barrie, CMO Municipal Clerk PLB /cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905 - 623 -6506