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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. ? 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"