HomeMy WebLinkAbout03/22/2010
Council Meeting Minutes
March 22, 2010
Minutes of a regular meeting of Council held on March 22, 2010 at 7:00 p.m., in the
Council Chambers.
Councillor Hooper 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 Chief Administrative Officer, F. Wu
Present: Director of Engineering Services, T. Cannella, attended
until 8:16 p.m.
Director of Community Services, J. Caruana, attended until
8:16 p.m.
Solicitor, D. Hefferon
Acting Director of Planning Services, F. Langmaid, attended until
8:16 p.m.
Director of Corporate Services and Human Resources,
M. Marano, attended until 8:16 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 8:16 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
8:16 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 8:16 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Novak indicated that she would be withdrawing Item 3 of Business Arising
from Notice of Motion on tonight’s Agenda regarding the Energy-From-Waste facility.
Councillor Novak acknowledged the passing of Peter Evans, Chair, Clarington Older
Adults Association and extended sympathies to his family and friends.
Council Meeting Minutes - 2 - March 22, 2010
Councillor Novak also announced the following:
?
Veridian Corporation has achieved the unprecedented milestone of 2,500,000
hours of safety equalling eight continuous years with no accidents.
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She, along with Mayor Abernethy, attended a reception for the Greater Toronto
Marketing Alliance (GTMA) advising of the partnership between the GTMA and
the European Union Chamber of Commerce in Toronto (EUCCIT).
?
She attended the St. Patrick’s Day Event at Ontario Power Generation and
served pancakes at Purple Woods Conservation Area Maple Syrup Festival.
Councillor Hooper announced the following:
?
The Bowmanville Eagles Junior Hockey Team won their division title against
the Wellington Dukes. Councillor Hooper extended congratulations to the
players, staff and team management for their success and overall
sportsmanship play during the series.
?
He also served pancakes during the Purple Woods Conservation Area Maple
Syrup Festival.
?
Councillor Hooper also acknowledged the passing of Peter Evans and advised
a celebration of Mr. Evans’ life will be held at the Clarington Older Adult
Centre.
?
On Saturday, March 20, 2010, the Clarington Older Adult Association
welcomed more than 80 new members at a New Member Breakfast.
Mayor Abernethy read a press release in which Sandra Pupatello, Ontario Minister of
Economic Development and Trade announced the partnership between the Greater
Toronto Marketing Alliance (GTMA) and the European Union Chamber of Commerce
in Toronto which will help to increase awareness in the European Union countries of
opportunities in both the GTA and Ontario. Mayor Abernethy expressed optimism that
there will be developments that will benefit Durham Region and Clarington.
Mayor Abernethy advised that he was invited to address an Ontario Power Generation
Leadership Forum to speak about Clarington as a host community for Ontario Power
Generation (OPG). Mayor Abernethy advised that OPG looks to Clarington as a
model with respect to the relationships they have with the Municipality, Council and
the Community.
Resolution #C-104-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on March 1, 2010, be
approved.
“CARRIED”
Council Meeting Minutes - 3 - March 22, 2010
PRESENTATIONS
There were no Presentations considered under this Section of the Agenda.
DELEGATIONS
Ken Bromley addressed Council concerning Item 42 of Report #1 –
Report PSD-027-10 - Application to Amend Zoning By-Law 84-63 to permit the
development of two (2) single detached lots (Green Martin Holdings Ltd.).
Mr. Bromley indicated that he has resided in his home for 13 years and that in 1997
when he purchased the property he was told by Kaitlin and the seller that the piece of
land behind his property which was designated agricultural would never have anything
built on it. Mr. Bromley expressed concern that another company is now requesting
an amendment to the Zoning By-law to permit two houses to be built on the pie-
shaped lot. Mr. Bromley urged Council to uphold what was promised in 1997 and to
deny the request for the amendment to the Zoning By-law so that the property will not
become a building lot.
Kelvin Whalen, Vice-President of Green Martin Holdings, addressed Council
concerning Item 42 of Report #1 - Report PSD-027-10 - Application to Amend Zoning
By-Law 84-63 to permit the development of two (2) single detached lots (Green Martin
Holdings Ltd.). Mr. Whalen advised that on March 8, 2010, the General Purpose and
Administration Committee recommended the denial of the request for amendment to
the Zoning By-law despite staff’s recommendation to approve it. Mr. Whalen
requested Council to consider reversing that decision and adopting the
recommendations in the staff report. Mr. Whalen stated the text of the staff report
outlines the merits of the planning application, which is consistent with the Provincial
Policy Statement, the Provincial Growth Plan, the Durham Regional Official Plan and
the Clarington Official Plan.
Dan Carter advised prior to the meeting that he would not be addressing Council.
COMMUNICATIONS
Correspondence Item I - 31 was received as a hand out.
Resolution #C-105-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information, including Hand-Out Item
I - 31, be approved, with the exception of Items I - 10, I - 11, I - 12, I - 14, I - 15, I - 18,
I - 20 and I - 22.
“CARRIED”
Council Meeting Minutes - 4 - March 22, 2010
I - 1 Minutes of the Clarington Heritage Committee dated January 19, 2010
I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated March 9, 2010
I - 3 Minutes of the Newcastle Community Hall Board dated January 19, 2010
I - 4 Minutes of the Animal Advisory Committee dated November 11, 2009 and
March 10, 2010
I - 5 Linda J. Laliberte, CGA, General Manager/Secretary-Treasurer,
Ganaraska Region Conservation Authority, forwarding a copy of the
Authority’s 2009 Annual Report and Financial Statements.
I - 6 Debbie Shields, City Clerk, City of Pickering, writing to P. Madill, Regional
Clerk, advising that on February 16, 2010, the City of Pickering adopted
the following resolution pertaining to an Integrity Commissioner:
“WHEREAS the Councils of the City of Pickering and other municipalities
in the Region of Durham should, and do wish to, maintain accountability
and transparency; and
WHEREAS the City of Pickering has a Code of Practice for Members of
Council; and
WHEREAS some municipalities have been creating a position of, or
obtaining professional services of, an Integrity Commissioner to, where
appropriate, review inquiries or complaints with respect to Members of
Council and their Code of Conduct or Code of Practice; and
WHEREAS it would be more fiscally efficient and consistent for the
municipalities of the Region of Durham to establish and fund a position
and services of an Integrity Commissioner for the Region of Durham and
its eight municipalities than for each municipality to do so.
NOW THEREFORE the Council of the City of Pickering requests that:
1. The Region of Durham establish the position of, or retain the
professional services of, an Integrity Commissioner to serve the
Region of Durham and its eight municipalities;
2. The mandate of the Integrity Commissioner be to review inquiries or
complaints with respect to matters regulated in the municipalities’
Code of Conduct or Code of Practice; and
Council Meeting Minutes - 5 - March 22, 2010
3. This motion be copied to the Councils of the Region of the Region of
Durham and its seven other local municipalities, requesting their
support and where possible be considered in the 2010 Regional
budget.”
I - 7 Debbie Shields, City Clerk, City of Pickering, writing to the Honourable
Jim Bradley, Minister of Municipal Affairs and Housing, advising that on
February 16, 2010, the City of Pickering adopted the following resolution
pertaining to the Direct Election of the Region of Durham Chair –
Ratification of the 2006 Ballot Question:
“WHEREAS the position of Chair of the Regional Municipality of Durham
has considerable responsibility, influence and authority over numerous
public policy and service issues affecting all residents, businesses and
electors in the Region of Durham; and
WHEREAS the Government of Ontario may determine that the Chair of
the Regional Municipality of Durham shall be directly elected by a general
vote of all electors in the Region; and
WHEREAS Pickering Council passed Resolution #214/05 that a public
meeting and by-law to place the following question on the November 2006
City of Pickering election ballot be scheduled and that the City Clerk
initiate the required process outlined in the Municipal Elections Act:
Should the Council of the City of Pickering approve the following
resolution?
“THAT the Government of Ontario enact a regulation requiring the direct
election of the Chair of the Regional Municipality of Durham. YES or NO”;
and
WHEREAS this question was placed on the ballot in November 2006 and
the result was that 89% responded “yes” supporting the election of the
Regional Chair.
NOW THEREFORE BE IT RESOLVED THAT consistent with the results
of the ballot question, the City of Pickering requests that the Government
of Ontario enact a regulation requiring the direct election of the Chair of
the Regional Municipality of Durham.
AND FURTHER THAT a copy of this motion be forwarded to the Minister
of Municipal Affairs and the municipalities in the Region of Durham.”
Council Meeting Minutes - 6 - March 22, 2010
I - 8 Debbie Shields, City Clerk, City of Pickering, writing to the Honourable
Jim Bradley, Minister of Municipal Affairs and Housing, advising that on
February 16, 2010, the City of Pickering adopted the following resolution
pertaining to the Direct Election of the Regional Chair:
“WHEREAS the citizens of Pickering, Oshawa and Ajax voted by an
aggregate 89.24% that the position of Regional Chair be chosen by direct
election; and
WHEREAS the remaining Durham Regional Municipalities of Whitby,
Clarington, Brock, Scugog and Uxbridge have an opportunity to go to the
electorate in the October 2010 municipal election and seek the opinion of
their citizens on this important issue of accountability; and
WHEREAS to bring about a change to directly elect the Regional Chair in
the 2014 municipal election, the Region must first request that the
Province of Ontario make a regulation under the Municipal Act, 2001
authorizing such a change; and
NOW THEREFORE BE IT RESOLVED the Council for the City of
Pickering reaffirms its position (By-Law # 6632/06) and that of its citizens
on the matter of supporting direct election of the Regional Chair and that
the Minister of Municipal Affairs and Housing be informed; and
THAT copies of this resolution be forwarded to the Municipalities of
Whitby, Clarington, Brock, Scugog and Uxbridge requesting that a
question be put on their ballot on whether their citizens support direct
election of the Regional Chair; and
THAT a copy of this resolution be sent to Durham Regional Council for
their endorsement.”
I - 9 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to P. M. Madill, Regional Clerk, Region of Durham, advising
that on February 22, 2010, the Town of Ajax adopted the following
resolution pertaining to Direct Election of the Regional Chair:
“THAT Council endorse the Notice of Motion on the March 10, 2010
Regional Council agenda that would authorize Regional Council to
consider a By-law that would place a question regarding the method of
selecting the Regional Chair on the October 25, 2010 regular election
ballots of all lower-tier municipalities in the Region.”
Council Meeting Minutes - 7 - March 22, 2010
I - 13 Premier Dalton McGuinty, thanking Council for sharing its views and
feedback regarding the Waterfront Regeneration Trust’s Waterfront
Investment Program; and, indicating that he and his colleagues recognize
and appreciate the beneficial impacts of creating a continuous waterfront
trail - from the regeneration of the Lake Ontario waterfront to the
revitalization of lakeside community economies.
I - 16 Blair Labelle, Manager, Legislative Services/Deputy Clerk, Town of Ajax,
advising Council that on February 16, 2010, the Town of Ajax received the
municipality’s correspondence regarding the 2010 Ballot Question on
Election of the Regional Chair for information.
I - 17 Colin Hunt, Director, Research & Publications, Canadian Nuclear
Association, forwarding the 2010 Call for Nominations for the Canadian
Nuclear Achievement Awards, in recognition of the accomplishments of
individuals in several categories who have contributed to the
advancement of nuclear energy in Canada; and, advising that the
deadline for nominations has been extended to April 1, 2010.
I - 19 The Honourable Deb Matthews, Minister of Health and Long-Term Care,
acknowledging Council’s correspondence regarding planned renovations
to Bowmanville Hospital; advising that the Ministry has been working with
Lakeridge Health Corporation (LHC) on capital proposals across various
sites and in prioritizing capital projects; indicating that due to fiscal
constraints and demand for capital funding, the Ministry has advised LHC
that the Whitby site fire retrofit work has been prioritized ahead of other
LHC capital project requests including the project request for renovations
in select clinical departments at LHC Bowmanville; and, assuring Council
that the Ministry continues to prioritize capital project work at LHC and
across the province, recognizing the needs at the Bowmanville Hospital.
I - 21 Marolyn Morrison, Mayor, Town of Caledon and Chair, Greater Toronto
Countryside Mayor’s Alliance (GTCMA) writing to the Honourable Dalton
McGuinty, Premier of Ontario, expressing concern that proposed changes
to the Underserviced Area Designation Program will greatly affect Alliance
member communities’ ability to secure family physicians as they are being
combined with larger GTA municipalities for the purposes of this program,
and that rural municipalities do not have an equal ability to draw and
retain physicians as do those municipalities; expressing concern that the
Province’s comprehensive consultation with key stakeholders did not
benefit from the collective views of the Mayor’s of the GTCMA, despite
attempts of the Alliance in organizing a meeting on behalf of the GTCMA
with the Minister of Health and Long Term Care since last October; and,
stating that although the decision regarding changes to the Underserviced
Council Meeting Minutes - 8 - March 22, 2010
Area Designation program has been made, the Alliance feels that it is
important that the Minister be aware that the GTCMA made every
reasonable attempt to contribute to the decision and that it appears to the
Alliance that receiving their input was not a priority with the Ministry of
Health and Long Term Care.
I - 23 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
Mr. Terry Clayton, Durham Trail Co-ordinating Committee, advising that
on March 10, 2010, Regional Council adopted the following resolution
pertaining to the Durham Trail Co-ordinating Committee (DTCC) 2009
Annual Report, Revised Terms of Reference and 2010 Workplan:
“a) THAT Report #2010-P-13 of the Commissioner of Planning be
received as the Durham Trail Co-ordinating Committee’s annual
report on its activities in 2009;
b) THAT the Terms of Reference for the Durham Trail Co-ordinating
Committee be revised, as outlined in Attachment 1 to Report #2010-
P-13;
c) THAT the 2010 Durham Trail Co-ordinating Committee Workplan, as
outlined in Attachment 2 to Report #2010-P-13, be approved; and
d) THAT a copy of Report #2010-P-13 be forwarded to the Durham Trail
Co-ordinating Committee and the area municipalities.”
I - 24 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on March 10, 2010, Regional Council adopted the following
resolution pertaining to the Annual subdivision/ Condominium Activity
Report:
“a) THAT Report #2010-P-14 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2010-P-14 be forwarded to the area
municipalities.”
I - 25 Linda Gasser, forwarding a copy of her delegation to Regional Council of
March 10, 2010, regarding the Incinerator EA, the Host Community
Agreement and the Covanta contract; providing links to various websites
regarding essential air pollution-health risk information; advising that other
municipalities such as Oakville and Mississauga are acting in the public
interest, are taking a proactive role in protecting the health of their citizens
and are openly sharing information with their residents; expressing
Council Meeting Minutes - 9 - March 22, 2010
concern that the Host Community Agreement is inconsistent with the
advice provided by Dr. Kyle in recommending that independent ambient
air and soil testing be conducted; and, requesting that Regional Council
provide additional direction to staff to ensure that a draft Covanta contract
is forwarded to Council for review prior to execution.
I - 26 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA), announcing the appointment of Chris
Darling as Director, Development Review and Regulation for CLOCA,
effective March 29, 2010. Chris has extensive experience in planning
having worked in both the Planning Departments of the Region of Durham
and the City of Kawartha Lakes.
I - 27 Kim Coates, Clerk, Township of Scugog, advising Council that on
February 16, 2010, the Township of Scugog received the municipality’s
correspondence regarding the direct election of the Regional Chair for
information.
I - 28 Kim Coates, Clerk, Township of Scugog, advising Council that on
February 16, 2010, the Township of Scugog endorsed the municipality’s
resolution supporting the construction of the 407 East Extension to
Highway 35/115 without any staging or phasing.
I - 29 Sandra Kranc, City Clerk, City of Oshawa, writing to Gavin Battarino,
Project Officer, Environmental Assessment and Approvals Branch,
Ministry of the Environment advising that on March 8, 2010, Oshawa City
Council adopted the following resolution pertaining to Ministry of the
Environment Issuance of the Notice of Completion of the Ministry Review
for the Durham and York Residual Waste Study Amended Environmental
Assessment:
“THAT the Ministry of the Environment be advised in respect to its review
of the Durham and York Residual Waste Study Amended Environmental
Assessment:
1. THAT the City of Oshawa continues to oppose the construction of an
Energy From Waste (incinerator) Facility in the Municipality of
Clarington; and
2. THAT the City of Oshawa considers the Environmental Assessment
Review process and public consultation to be insufficient to support
such a project; and
3. THAT the City of Oshawa urges the Ministry to:
a) Reject the Environmental Assessment application, or
Council Meeting Minutes - 10 - March 22, 2010
b) Failing that decision, to require the Region of Durham to redo
the Environmental Assessment process by looking at all
options beyond incineration and to ensure full and effective
public consultation in all member municipalities in the Region
of Durham; and
THAT copies of the resolution be sent to the Regions of Durham and
York, their member municipalities, their MPs and MPPs and to the leaders
of the political parties in the Ontario Legislature and Canadian
Parliament.”
I - 30 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on March
8, 2010, Oshawa City Council adopted the following resolution pertaining
to Direct Election of the Regional Chair:
“THAT the City of Oshawa support the Municipality of Clarington placing a
question on their 2010 municipal election ballot regarding the direct
election of the Regional Chair and Whitby, Brock, Scugog and Uxbridge
Council’s be encouraged to place a similar question on their 2010
municipal election ballots.”
I - 31 Kristin Robinson expressing concern that some of the wording in the
Notice of Motion regarding the EFW facility is simply not true,
summarizing statements taken from material documented throughout the
EFW study which back up her position and contradict what has been
included in the motion; and, urging Council not to adopt the motion as she
feels it would be a disservice to the community if it were allowed to pass.
I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario,
advising that on February 22, 2010, the Town of Ajax adopted the
following resolution pertaining to the 407 East Extension to Highway
35/115:
“THAT the resolution of the Municipality of Clarington asking that the
completion of the 407 East extension be expedited, be endorsed.”
Resolution #C-106-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 10 from Blair Labelle, Manager of Legislative
Services/Deputy Clerk, Town of Ajax, with respect to the 407 East Extension to
Highway 35/115, be received for information.
“CARRIED”
Council Meeting Minutes - 11 - March 22, 2010
I - 11 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Jim
Bradley, Minister of Municipal Affairs and Housing, advising that on
February 22, 2010, the City of Oshawa adopted the following resolution
pertaining to changes to the Municipal Elections Act:
“WHEREAS the budget is important during each and every year during a
Council’s term; and,
WHEREAS a budget should never be used for political purposes;
THEREFORE BE IT RESOLVED THAT the City of Oshawa ask that the
Municipal Elections Act be changed so that candidates cannot register
until after March 30 of the election year, thereby allowing the people’s
business to be conducted first and foremost; and
THAT this motion be forwarded to the Province of Ontario, area
municipalities, the Region of Durham, the Association of Municipalities of
Ontario, and the Federation of Canadian Municipalities.”
Resolution #C-107-10
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Item I - 11 from Sandra Kranc, City Clerk, City of Oshawa,
with respect to changes to the Municipal Elections Act, be received for information.
“MOTION LOST”
Resolution #C-108-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the City of Oshawa, with respect to changes to the
Municipal Elections Act, be endorsed.
“CARRIED”
I - 12 Gerry Chaput, P.Eng, Chief Engineer, Ministry of Transportation, writing to
John R. O’Toole, MPP Durham, regarding the installation of a floral
display on Highway 401 in Bowmanville; indicating that in accordance with
policy on Decorative Municipal Displays included in the recently
completed Ontario Traffic Manual – Book 8: Guide & Information Signs,
the Ministry of Transportation permits one Decorative Municipal Display
for each direction of travel for upper, lower and single tier municipalities,
First Nations territories and formerly incorporated communities; that
Council Meeting Minutes - 12 - March 22, 2010
qualified municipalities are able to offer their option to install a display to a
township or hamlet within their boundary; and, that Clarington is able to
offer one or both of its decorative municipal displays to the community of
Bowmanville.
Resolution #C-109-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 12 from Gerry Chaput, P.Eng, Chief Engineer,
Ministry of Transportation, with respect to a floral display on Highway 401 in
Bowmanville, be referred to the Director of Engineering Services and the Director of
Planning Services.
“CARRIED”
I - 14 Human Resources and Skills Development Canada announcing the New
Horizons for Seniors Program, a federal government initiative providing
funds to non-profit organizations, to enable seniors to share their
knowledge, wisdom and experience with others, to improve facilities for
seniors’ programs and activities, and to raise awareness of elder abuse.
Funding is available under the categories of Community Participation and
Leadership, Capital Assistance and Elder Abuse Awareness. The
application deadline is April 16, 2010.
Resolution #C-110-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 14 from Human Resources and Skills Development
Canada, with respect to the New Horizons for Seniors Program, be received for
information; and that a copy of Item I - 14 be forwarded to the Clarington Older
Adults Association.
“CARRIED”
I - 15 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Jim
Bradley, Minister of Municipal Affairs and Housing and the Honourable
Brad Duguid, Minister of Energy and Infrastructure, advising that on
February 22, 2010, the City of Oshawa adopted the following resolution
pertaining to Provincial Growth Plan Conformity Extension Request:
“WHEREAS the Places to Grow Act, 2005 required municipal official plans
to be amended to implement the provisions of the Growth Plan for the
Greater Golden Horseshoe (Growth Plan) by June 16, 2009; and,
Council Meeting Minutes - 13 - March 22, 2010
WHEREAS on February 2, 2009 City Council passed a resolution
requesting the Ministry of Energy and Infrastructure and the Ministry of
Municipal Affairs and Housing grant an extension to the June 16, 2009
deadline for the City to amend the Oshawa Official Plan to conform with
the Growth Plan to an appropriate date following the approval, or
resolution of any appeals, of an amendment to the Durham Regional
Official Plan that implements the provisions of the Growth Plan; and,
WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure
granted the City a new deadline of June 16, 2010 for the City to amend its
Official Plan to conform with the Growth Plan; and,
WHEREAS in June 2009 the Region of Durham adopted Regional Official
Plan Amendment 128 (ROPA 128) to implement the Growth Plan and
forwarded it to the Province for approval; and,
WHEREAS the Province has yet to issue a decision on ROPA 128 and it
is unknown when a decision will be rendered; and,
WHEREAS the City cannot adopt an amendment to the Oshawa Official
Plan to implement ROPA 128 prior to final approval of ROPA 128 by the
Province or the Ontario Municipal Board, as the case may be; and,
WHEREAS the notice requirements under the Planning Act now preclude
the ability of the City to deliver prior to the June 16, 2010 deadline an
amendment to the City’s Official Plan to implement the Growth Plan and a
Provincially-approved ROPA 128; and,
WHEREAS the 2010 municipal election will also affect the timing of
approval of amendments to the Oshawa Official Plan; and,
WHEREAS other Durham municipalities (e.g. Whitby and Clarington) will
also be requesting extensions to implement the Growth Plan;
THEREFORE BE IT RESOLVED:
1. THAT due to the unknown timing for the Province’s decision on ROPA
128, the Council of the City of Oshawa requests the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs and
Housing to grant an extension to the June 16, 2010 deadline for the
City to amend the Oshawa Official Plan to conform with the Growth
Plan and the final approval of ROPA 128 to April 30, 2011; and,
2. THAT a copy of the Council resolution be forwarded to the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs and
Housing; and,
Council Meeting Minutes - 14 - March 22, 2010
3. THAT a copy of the Council resolution be forwarded to the Regional
Municipality of Durham and the Durham Region area municipalities
for information.
THAT in the event the Province grants the City’s request for an extension
to the deadline, at least one public meeting be held in the Columbus
community.”
Resolution #C-111-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 15 from the City of Oshawa, with respect to the
Provincial Growth Plan Conformity Extension request, be received for information.
“CARRIED”
I - 18 Tony Janssen, President, Scugog Chamber of Commerce, writing to the
Honourable Dalton McGuinty, Premier of Ontario, endorsing the choice of
Darlington Nuclear Generating Station as the choice site for New Nuclear
Build and congratulating the Province on its plan to secure energy
sources and for choosing Ontario Power Generation as the operator for
two new nuclear reactors at Darlington.
Resolution #C-112-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 18 from Tony Janssen, President, Scugog Chamber
of Commerce, with respect to support for Nuclear New Build, be received for
information; and
THAT the Scugog Chamber of Commerce be thanked for their support of Nuclear
New Build.
“CARRIED”
I - 20 Roger Anderson, Chair, Regional Municipality of Durham, writing to the
Honourable Christian Paradis, Minister of Natural Resources, advising the
Region of Durham is “Ontario’s Energy Capital” and the success of the
nuclear industry is critical to not only the Region’s economic well-being,
but across Ontario and Canada; acknowledging that the province has
committed to continue to build a clean, reliable and safe supply of
electricity and remains committed to moving forward with nuclear new
build at Darlington Nuclear Generating Station; and, formally requesting a
meeting with the Minister and interested stakeholders with a view to
seeing nuclear new build move forward expeditiously.
Council Meeting Minutes - 15 - March 22, 2010
Resolution #C-113-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 20 from Roger Anderson, Chair, Regional
Municipality of Durham, with respect to Nuclear New Build, be received for
information.
“CARRIED”
I - 22 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
Mr. Rob Messervey, Kawartha Conservation, advising that on March 10,
2010, Regional Council adopted the following resolution pertaining to the
Lake Scugog Environmental Management Plan:
“a) THAT the Lake Scugog Environmental Management Plan (November
2009) be endorsed in principle, subject to the comments in Report
#2010-P-12 of the Commissioner of Planning and further discussions
on implementation mechanisms and funding sources;
b) THAT Regional staff continue to work with staff from the Kawartha
Region Conservation Authority, other municipalities, agencies and
stakeholders as appropriate, to clarify implementation mechanisms
and funding arrangements; and
c) THAT a copy of Report #2010-P-12 be forwarded to the Kawartha
Region Conservation Authority, the Township of Scugog, the
Township of Brock, and the City of Kawartha Lakes.”
Resolution #C-114-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the resolution from the Regional Municipality of Durham, with respect to the
Lake Scugog Environmental Management Plan, be endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-115-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 11, be approved as per the agenda, with the
exception of Item D - 10.
“CARRIED”
Council Meeting Minutes - 16 - March 22, 2010
D - 1 William Krueger, Coordinator, Fundraising Events, MS Walk, Multiple
Sclerosis Society of Canada, requesting permission to hold the 2010
Bowmanville MS Walk on Sunday, April 18, 2010, beginning at 9:40 a.m.
at the Bowmanville High School in support of MS research and services;
and, forwarding a copy of the proposed 5km and 10km Walk routes.
(Approved, provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services
Department)
D - 2 Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration,
advising nomination forms and information outlining details of the
selection process for the Lincoln M. Alexander Award 2010, an annual
award to recognize young Ontarians who have demonstrated exemplary
leadership in contributing to the elimination of racial discrimination, are
available on the Ministry’s website at www.ontario.ca/honoursandawards.
The deadline for submission is May 31, 2010.
(Correspondence referred to the Municipal
Clerk to place information on the municipal
website)
D - 3 Rebecca Fortin, Community Development Coordinator, Community
Development Council Durham, requesting that Thursday, April 8, 2010, be
proclaimed as a “Day of Awareness for a Poverty Free Durham” to bring
public awareness about the experience of poverty in Durham Region and
to show that the municipalities within Durham Region recognize the
struggles individuals living in poverty face.
(Proclaimed)
D - 4 Sheila Nicholas, Chair, Teachers of English as a Second Language
Association of Ontario, requesting the week of October 24 to 30, 2010, be
proclaimed “English as a Second Language Week” in Clarington; and,
inviting Members of Council to participate in their annual conference to be
held October 29 to 30, 2010, providing professional development for
educators, administrators, students and volunteers who work with
immigrants, refugees, citizens and visitors wishing to improve their ability
to communicate in English.
(Proclaimed)
D - 5 Kirsten Schmidt-Chamberlain, Central East Hospice Palliative Care
Network, requesting that May 2 to 8, 2010, be proclaimed “Hospice
Palliative Care Week” in order to raise awareness about hospice palliative
care and to celebrate, recognize and share the achievements of hospice
palliative care throughout the community.
(Proclaimed)
Council Meeting Minutes - 17 - March 22, 2010
D - 6 Dave Clark, Executive Vice President, Corporate Services and CFO,
Veridian Connections, forwarding a note amending agreement and
amendments to the shareholders agreement and proposed by-law; and
requesting approval of the Note Amending Agreement and Shareholders’
Agreement.
(Approved and the appropriate by-law be
passed)
D - 7 Michael Chappell, One Call to Dig, Project Director, Ministry of Consumer
Services, inviting the municipality to join Ontario’s new voluntary,
province-wide One Call to Dig system, designed to reduce damage to
underground utilities and service disruption due to excavators not
checking to see if important infrastructure is located in the area of the dig;
and, advising that by joining the system, the municipality will help to
protect workers and the public, reduce repair costs and impacts on vital
services and infrastructure, and minimize costs to taxpayers.
(Correspondence referred to the Director
of Engineering Services)
D - 8 Anthony Wilson-Smith, Vice-President, Communications, Canada Post,
advising of the 2010 Canada Post Community Literacy Award, a national
award dedicated to celebrating the achievements of adult learners, along
with those who have helped them learn to read and write; and,
encouraging Council to celebrate literacy in the community by nominating
a deserving individual. The deadline for submission is May 21, 2010.
(Correspondence referred to the Municipal
Clerk to place information on the municipal
website)
D - 9 Jane E. Currie, Co-director, PFLAG Canada, Durham-Oshawa, requesting
May 17, 2010, be proclaimed “International Day Against Homophobia” 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)
D - 11 Jacques Perreault, Manager, Environmental Health, Region of Durham,
advising of the expiration of the Sewage System Management Agreement
with the Region of Durham effective
March 31, 2010, for the enforcement of the Ontario Building Code (OBC)
Part 8 Services and requesting renewal of the agreement for another 3
year term. Attached to the agreement is a revised user fee structure
approved by Regional Council.
(Correspondence referred to the Director
of Engineering Services)
Council Meeting Minutes - 18 - March 22, 2010
D - 10 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible
th
for Seniors, advising that the month of June marks the 26 Anniversary of
‘Seniors’ Month’, recognizing the contributions seniors make to family,
community, province and country; and, extending an invitation to Council
to participate in the 2010 Senior of the Year Awards by nominating one
outstanding local senior who, after age 65, has enriched the social,
cultural or civic life of the community without thought of personal or
financial gain. Nomination forms for The Senior of the Year Award are
available on the Ministry of Citizenship and Immigration’s website at
www.citizenship.gov.on.ca and are due by April 30, 2010.
Resolution #C-116-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D - 10 from Gerry Phillips, Chair of Cabinet, Minister
Without Portfolio, Responsible for Seniors, with respect to the 2010 Senior of the
Year Award, be received for information; and that a copy of Correspondence Item
D - 10 be forwarded to the Clarington Older Adults Association.
“CARRIED”
Resolution #C-117-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Gord Lee be nominated for the ‘Senior of the Year’ Award.
“CARRIED”
D - 12 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on
March 10, 2010, Regional Council adopted the following resolution
pertaining to the Question on the Ballot Re: To Change the Method of
Selecting the Regional Chair from appointment by the Members of
Regional Council to Election by General Vote of All Electors:
“1. WHEREAS, the Municipal Act, 2001, as amended, states the head of
an upper-tier municipality “shall be elected by general vote, in
accordance with the Municipal Elections Act, 1996, or shall be
appointed by the members of council”, and
WHEREAS electors in the Regional Municipality of Halton and
Waterloo are able to choose their Regional Chair by general vote; and
Council Meeting Minutes - 19 - March 22, 2010
WHEREAS the Municipal Elections Act, 1996, states that the council of
a municipality may pass a by-law to submit to its electors a question
not otherwise authorized by law but within the council's jurisdiction;
and
WHEREAS the November 2006 ballots in the Town of Ajax and the
Cities of Pickering and Oshawa each contained a question asking
electors if they wished their local councils to approve a resolution to
request that the Government of Ontario make a regulation requiring
that the method of selecting the Chair of the Regional Municipality of
Durham be changed to election by general vote; and
WHEREAS electors responded to the ballot question as follows:
"YES" "NO"
AJAX 12,176 (89.39%) 1,445 (10.61%)
PICKERING 14,917 (89.24%) 1,798 (10.76%)
OSHAWA 21,799 (86.31%) 3,457 (13.69%)
TOTAL 48,892 (87.95%) 6,700 (12.05%)
AND WHEREAS the 2006 ballot question results indicate
overwhelming public support for changing the method of selecting the
Regional Chair to election by general vote; and
WHEREAS determining the method of electing the Regional Chair
rightfully belongs to all the electors within the Region;
NOW THEREFORE BE IT RESOLVED that Council consider passing
a by-law to submit the following question to electors in all lower-tier
municipalities in the Regional Municipality of Durham on October 25,
2010 regular election ballot:
"Are you in favour of the Council of the Regional Municipality
of Durham passing the necessary resolutions and by-laws to
change the method of selecting its Chair from appointment
by the members of Regional Council to election by general
vote of all electors in the Region."
YES NO
AND that the Regional Clerk and Solicitor undertake all measures
required and necessary to give effect to this resolution.
Council Meeting Minutes - 20 - March 22, 2010
2. That Staff report back by June 2010 with an analysis of issues relating
to the direct election of the Regional Chair, including, but not limited to,
the following:
a) projected costs to campaign based on current mayoral municipal
practices;
b) financing of the campaign costs, including anticipated sources of
financing;
c) the potential introduction of party politics at the municipal level in
Durham and the risks/benefits associated with that;
d) opportunities to reduce campaign costs and ensure accessibility to
candidates of all financial means through innovative reform of the
current election process;
e) analysis of current processes in Halton and Waterloo for direct
election;
f) consecutive term limits;
g) analysis of any additional powers required by or appropriate to an
elected Chair to ensure that future Councils remain effective and
responsive;
h) recognition of the strong rural and agricultural fabric in Durham, the
limitations on population growth in the northern municipalities and
the need to ensure that effective representation of rural Durham will
not be compromised by a shift to direct election; and
i) That in addition to the foregoing issues, the local municipalities of
Durham Region submit any further questions regarding the direct
election of the Regional Chair to the Regional Clerk for the next
Regional Council meeting scheduled for March 31, 2010.”
Resolution #C-118-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Region of Durham, with respect to the Question on the
Ballot Re: To Change the Method of Selecting the Regional Chair, be endorsed.
“CARRIED”
D - 13 Charles Zhao, Managing Partner, CPTrip Service, requesting to further
discuss with the Municipality the possibility of Clarington engaging in a
Sister City Program with a city in the Zhejiang Province in China, with a
goal of strengthening business and cultural exchanges and to promote
trade and investment.
Council Meeting Minutes - 21 - March 22, 2010
Resolution #C-119-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item D - 13 from Charles Zhao, Managing Partner, CPTrip
Service, with respect to Sister City Program, be referred to the Chief Administrative
Officer.
“CARRIED”
D - 14 Garth Gilpin, Secretary-Treasurer and General Manager, Historic
Downtown Bowmanville Business Centre, requesting that free transit
service be arranged in Bowmanville from 8:00 a.m. until 5:00 p.m. on
Saturday, October 16, 2010, in an effort to reduce traffic congestion and
parking problems during the Apple Festival and Craft Sale.
Resolution #C-120-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the request by the Historic Downtown Bowmanville Business Centre for free
transit service in Bowmanville on October 16, 2010 during Applefest be supported.
“CARRIED”
D - 15 Humane Society of Durham Region, requesting financial assistance to
help with the construction of a new shelter, as a result of a devastating
event on December 17, 2008, when the previous shelter was destroyed
by fire; indicating they have received funding from the Federal and
Provincial Governments in the amount of $1,394,000 but must still raise
$697,000 to fulfill their commitment to the infrastructure agreement; and,
highlighting partnership opportunities available to companies to become
involved and to make a difference by supporting the Humane Society of
Durham in generating awareness of their cause.
Resolution #C-121-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT the request for financial assistance from the Humane Society of Durham
Region be received for information.
“CARRIED”
Council Meeting Minutes - 22 - March 22, 2010
D - 16 Danielle Canfield, Clarington resident and Grade 12 student, requesting
financial support to assist with her mission trip to Malawi, Africa on August
15 to 30, 2010, as part of the Tattered Tiaras Organization which
promotes self-esteem and leadership skills in young women. During her
time in Malawi, Ms. Canfield advises she will be working with
disadvantaged children and that the total cost of her trip is $3500 and any
support would be appreciated.
Resolution #C-122-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT the request for financial assistance from Danielle Canfield be denied; and that
Danielle Canfield be provided with an explanation of the criteria for the Municipal
Grant Program.
“CARRIED”
D - 17 J. W. Tiernay, Executive Director, Ontario Good Roads Association,
requesting support of the Municipal DataWorks (MDW) project, the
collection of key infrastructure data on a community-by-community basis;
indicating that targeting infrastructure investment in an efficient and
effective manner is a priority, and that MDW provides the framework and,
with data, the strategic business intelligence to decision-makers so that
the data is interpreted uniformly; suggesting that investment in critical
infrastructure is not an option, it is simply a question of how to go about it
and to select priorities; and, indicating that OGRA believes that MDW fills
the need on behalf of their membership, stakeholders and partners in
conveying the requirements of infrastructure funding needs.
Resolution #C-123-10
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Correspondence Item D - 17 from J. W. Tiernay, Ontario Good Roads
Association, with respect to the Municipal DataWorks (MDW) Project, be received
for information.
“CARRIED”
D - 18 Jeremy Woodcock expressing concern that the municipality does not
permit a link to the websites of candidates running in the 2010 Municipal
Elections; and, suggesting that this may be in violation of the candidates
Charter of Rights or the Human Rights Code.
Council Meeting Minutes - 23 - March 22, 2010
Resolution #C-124-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D - 18 from Jeremy Woodcock, with respect to
Municipal Policy regarding link to Election Candidate’s website, be received for
information.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report March 8, 2010.
Resolution #C-125-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of March 8, 2010
be approved, with the exception of Items #1(b), #6, and #42.
“CARRIED”
Item 1(b)
Resolution #C-126-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Item #1(b) of Report #1 be referred to the end of the agenda to be considered
during a “closed” session of Council.
“CARRIED”
Item 6
Resolution #C-127-10
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report CSD-002-10 be received;
THAT Council consider all submitted grant requests;
THAT Council provide direction on the Ride4United Way request for funding;
THAT the Ride4United Way be advised of Council’s decision; and
Council Meeting Minutes - 24 - March 22, 2010
THAT a grant in the amount of $2,500 be approved for the Tyrone Hall Board.
“CARRIED”
Item 42
Resolution #C-128-10
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Clarington Council has duly considered the applications submitted by
Green Martin Holdings Ltd to amend the Comprehensive Zoning By-law 84-63;
WHEREAS the General Purpose and Administration Committee made a
recommendation to Council to “deny” the application;
WHEREAS Council has concerns with the proposal as the physical massing of the
buildings is out of character with the surrounding neighbourhood;
WHEREAS Council has concerns that on-street parking at this location could be a
safety concern;
WHEREAS, despite the efforts of Green Martin Holding Ltd to address concerns of the
immediate adjacent residents, Council has concerns with respect to the information
that was provided to residents on the future use of these lands;
WHEREAS Council has concerns that the developer or their agent made
representations to purchasers that may not have provided an accurate portrayal of the
future use of the lands;
WHEREAS after duly weighing the materials provided by Green Martin Holding Ltd.,
the concerns of the neighbouring residents regarding on-street parking and the
building massing, Clarington Council has determined that the approval of the Green
Martin Holding Ltd application is not in the public interest;
THEREFORE BE IT RESOLVED
THAT Report PSD-027-10 be received;
THAT the application to amend Zoning Bylaw 84-63 submitted by Green Martin
Holding Ltd (File ZBA 2009-0009) be refused; and
THAT the Region of Durham, the applicant and all interested parties listed in Report
PSD-027-10 and any delegation be advised of Council’s decision.
“CARRIED”
Council Meeting Minutes - 25 - March 22, 2010
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
Deputy Mayor Novak chaired this portion of the meeting.
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-129-10
Moved by Mayor Abernethy, seconded by Councillor Woo
WHEREAS the Councils of the Municipality of Clarington and other municipalities in
the Region of Durham should, and do wish to, maintain accountability and
transparency; and
WHEREAS the Municipality of Clarington has a Code of Ethics for Members of
Council; and
WHEREAS some municipalities have been creating a position of, or obtaining
professional services of, an Integrity Commissioner to, where appropriate, review
inquiries or complaints with respect to Members of Council and their Code of Conduct
or Code of Ethics; and
WHEREAS it would be more fiscally efficient and consistent for the municipalities of
the Region of Durham to establish and fund a position and services of an Integrity
Commissioner for the Region of Durham and its eight municipalities than for each
municipality to do so.
NOW THEREFORE the Council of the Municipality of Clarington requests that:
1. The Region of Durham establish the position of, or retain the professional
services of, an Integrity Commissioner to serve the Region of Durham and its
eight municipalities; and
2. The mandate of the Integrity Commissioner be to review inquiries or complaints
with respect to matters regulated in the municipalities’ Code of Conduct or
Code of Ethics; and
Council Meeting Minutes - 26 - March 22, 2010
This motion be copied to the Councils of the Region of Durham and its seven other
local municipalities requesting their support and where possible be considered in the
2010 Regional budget.
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Mayor Abernethy v
Councillor Foster v
Councillor Hooper v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Councillor Novak v
Mayor Abernethy and Councillor Hooper advised that they were withdrawing Item 2 of
Business Arising from Notice of Motion regarding the Memorial Hospital Foundation-
Bowmanville.
Mayor Abernethy resumed the Chair.
Councillor Novak and Councillor Robinson advised that they were withdrawing
Item 3 of Business Arising from Notice of Motion regarding the Energy-From-
Waste facility.
UNFINISHED BUSINESS
Resolution #C-130-10
Moved by Councillor Hooper, seconded by Councillor Foster
Item 11 of Report #2 – Report CLD-005-10 – Ballot Question, RE: Election of
THAT
Regional Chair be lifted from the table.
“CARRIED”
Resolution #C-131-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report CLD-005-10 be received;
THAT the following question be placed on the 2010 municipal election ballot:
Should the Council of the Municipality of Clarington approve the following
resolution:
Council Meeting Minutes - 27 - March 22, 2010
THAT the Government of Ontario make a regulation requiring that the Chair of
the Regional Municipality of Durham be elected by general vote.; and
THAT Council’s decision be forwarded to all municipalities within the Regional
Municipality of Durham.
“CARRIED”
BY-LAWS
Resolution #C-132-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2010-023 and 2010-024;
2010-023 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Courtice Homestead Land Corporation)
2010-024 Being a by-law to (i) approve and authorize the execution of a note
th
amending agreement made as of the 30 day of March, 2010 in
respect of fourth amended and restated promissory notes dated
th
March 30, 2010 issued by Veridian Connections Inc. in favour of
The Corporation of the Town of Ajax, The Corporation of the City of
Belleville, The Corporation of the Municipality of Clarington and The
Corporation of the City of Pickering; (ii) to approve the issue of
th
fourth amended and restated promissory notes dated March 30,
2010; and (iii) to approve and authorize the execution of a second
amending agreement to a shareholders’ agreement dated
September 28, 2001, as amended by a first amending agreement
dated September 30, 2003, among The Corporation of the Town of
Ajax, The Corporation of the City of Belleville, The Corporation of
the Municipality of Clarington and The Corporation of the City of
Pickering, Veridian Corporation, Veridian Connections Inc. and
Veridian Energy Inc.; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
Councillor Novak and Councillor Hooper gave notice that they will be introducing the
following motion at the next Council meeting:
Council Meeting Minutes - 28 - March 22, 2010
“WHEREAS the Places to Grow Act, 2005 requires municipal official plans be
amended to implement the provisions of the Growth Plan for the Greater
Golden Horseshoe (Growth Plan) by June 16, 2009; and,
WHEREAS on March 23, 2009 Clarington Council passed a resolution
requesting the Ministry of Energy and Infrastructure and the Ministry of
Municipal Affairs and Housing grant an extension to the June 16, 2009 deadline
for the Municipality of Clarington to amend the Clarington Official Plan to
conform with the Growth Plan to an appropriate date following the approval, or
resolution of any appeals, of an amendment to the Durham Region Official Plan
that implements the provisions of the Growth Plan; and,
WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure granted
the Municipality a new deadline of June 16, 2010 for the Municipality to amend
its official plan to conform with the Growth Plan; and,
WHEREAS in June 2009 the Region of Durham adopted Regional Official Plan
Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to
the Province for approval; and,
WHEREAS the Municipality of Clarington initiated the review of the Official Plan
to conform to the Growth Plan and ROPA 128 and has undertaken public
consultation and are in the process of reviewing the growth management and
intensification discussion papers; and
WHEREAS on March 12, 2010 the Province issued a draft decision on ROPA
128 proposing draft modifications to ROPA 128 to ensure conformity with the
Growth Plan and other applicable provincial plans and policies ; and,
WHEREAS the draft Provincial decision has major implications for Clarington,
as the Province is requesting the deletion of two special policy areas in north
Courtice, deletion of a proposed urban expansion west of Newcastle Village,
plus the deletion of proposed employment lands in Courtice all adopted by
Regional Council as part of ROPA 128, and
WHEREAS the Municipality cannot adopt an amendment to the Clarington
Official Plan to implement the Growth Plan, prior to the Region of Durham
adopting an amendment to their Official Plan that is acceptable to the Province;
and
WHEREAS the notification requirements under the Planning Act now preclude
the ability of the Municipality to deliver prior to the June 16, 2010 deadline an
amendment to the Municipality’s Official Plan to implement the Growth Plan;
and,
WHEREAS the 2010 municipal election will also affect the timing of approval of
amendments to the Clarington Official Plan; and,
Council Meeting Minutes - 29 - March 22, 2010
WHEREAS other Durham municipalities will have the same difficulties with
regard to implementation of the Growth Plan;
THEREFORE BE IT RESOLVED THAT:
1. THAT due to the unknown timing for the Province’s final decision on
ROPA 128, the Council of the Municipality of Clarington requests the
Ministry of Energy and Infrastructure and the Ministry of Municipal
Affairs and Housing grant an extension to the June 16, 2010 deadline
for the Municipality of Clarington to amend the Clarington Official Plan
to conform with the Growth Plan to June 10, 2011; and,
2. THAT a copy of the Council resolution be forwarded to the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs and
Housing; and,
3. THAT a copy of the Council resolution be forwarded to the Regional
Municipality of Durham and the Durham Region area municipalities for
information.”
OTHER INFORMATION
Resolution #C-133-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the rules of procedure be suspended to allow the introduction of a motion
concerning “Earth Hour”.
“CARRIED”
Resolution #C-134-10
Moved by Councillor Novak, seconded by Councillor Foster
WHEREAS climate change is an environmental threat to our planet and a concern for
Canadians;
WHEREAS at exactly 8:30 pm on March 27, 2010, towns and cities around the world
will turn off their lights for one hour to raise awareness about climate change and to
symbolize that, working together, the people of the world can make a difference in the
fight against global warming;
WHEREAS the event, called “Earth Hour”, a World Wildlife Fund (WWF) initiative that
was officially announced in December 2007 at the United Nations Conference on
Climate Change, has grown from a single event in Sydney, Australia to a global
phenomenon;
Council Meeting Minutes - 30 - March 22, 2010
WHEREAS the Clarington Living Green Committee has proposed that Clarington
citizens join the worldwide effort again in 2010;
WHEREAS Clarington outperformed all other municipalities in the Durham Region in
2008 and 2009 with a reduction in energy consumption during Earth Hour;
WHEREAS the goal is to educate the community on the threat of climate change and
how each individual and business can make a difference every day; and to get as
many individuals, households, and businesses as possible to turn off their lights as a
symbolic statement that now is the time to take action on climate change;
WHEREAS participating in this historic event sends a powerful message to every
citizen and business that The Municipality of Clarington cares about our planet and is
willing to take a leadership position against climate change and global warming;
WHEREAS participating in this historic event sends a powerful message to every
citizen and business around the world that it’s possible to take action on climate
change and that switching off our lights is just one simple action we can take to help
make a difference;
THEREFORE BE IT RESOLVED by the Council of The Municipality of Clarington as
follows:
THAT at 8:30 pm on March 27, 2010, the Municipality of Clarington will join other
communities around the world in literally “turning out the lights” by shutting off all non-
essential lighting in all of its facilities, where feasible, and without jeopardizing safety,
for one full hour;
THAT, to be formally recognized around the world as an Earth Hour participant, the
appropriate staff register at wwf.ca/Earth Hour, the official website for this initiative;
THAT the Municipality of Clarington’s participation in Earth Hour be promoted in order
to raise awareness about this important issue and in order to encourage every
individual, household and business in Clarington, and beyond, to join in by turning off
their lights for one hour at 8:30 pm on March 27, 2010; and
THAT a copy of this Resolution be forwarded to every municipality in the Regional
Municipality of Durham, encouraging them to participate in Earth Hour.
“CARRIED”
Council Meeting Minutes - 31 - March 22, 2010
Resolution #C-135-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board.
“CARRIED”
The meeting resumed in open session at 8:46 p.m.
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Resolution #C-136-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report SOL-001-10 – Newcastle Recycling Proposed Settlement be received
for information.
“CARRIED”
CONFIRMING BY-LAW
Resolution #C-137-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2010-025, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
nd
on the 22 day of March, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 32 - March 22, 2010
ADJOURNMENT
Resolution #C-138-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 8:47 p.m.
"CARRIED"