HomeMy WebLinkAbout06-12-2017Council
Minutes
June 12, 2017
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Minutes of a regular meeting of Council held on June 12, 2017, at 7:00 PM, in the
Council Chambers
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper,
Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo
Staff Present: C. Clifford, A. Allison, T. Cannella, J. Caruana, L. Gordon,
F. Horvath, F. Langmaid, M. Marano, G. Weir, A. Greentree, C. Fleming
1 Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2 Moment of Reflection
Councillor Hooper led the meeting in a moment of reflection.
3 Declaration of Interest
Councillor Hooper indicated that he would be declaring an interest with respect to
Item 27 of the General Government Committee Report.
Later in the meeting Councillor Traill declared an interest with respect to Item 12 of the
General Government Committee Report.
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
Members of Council congratulated Cindy Fleming on her retirement from the
Municipality of Clarington.
5 Adoption of Minutes of Previous Meeting
Resolution #C-153-17
Moved by Councillor Traill, seconded by Councillor Woo
That the minutes of a regular meeting of May 23, 2017, be approved.
Carried
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Minutes
June 12, 2017
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6 Presentations
Mayor Foster welcomed students, parents and the public to the presentation of
the Sixteenth Annual “Awards for Academic Excellence”. He advised the
program was developed in 2001 to recognize students from Clarington’s local
elementary and secondary schools. Mayor Foster indicated that local elementary
and secondary schools were asked to submit the name of a graduating student
who, in their opinion, has demonstrated academic excellence combined with a
commitment to leadership and community service.
Each student was presented with a personal framed certificate and as a further
commitment to Council’s recognition of local students, secondary students who were
being recognized received a cheque for $100.00 as a bursary to further their
educational pursuits.
Mayor Foster recognized Nelisha Sunderji, from Bowmanville High School, who could
not be present due to conflicting schedules and who will receive her award during her
graduation ceremony.
Mayor Foster recognized the following elementary students and presented them with a
personal framed certificate:
Owen Mottershead, Courtice Intermediate School
Ethan Barr, Courtice North Public School
Kayla Carmichael, Dr. Emily Stowe Public School
Anjali Rampersad, Dr. G.J. MacGillivray Public School
Ben Keene, Dr. Ross Tilley Public School
Catharine Whitman, Duke of Cambridge Public School
Emily Shmyr, Good Shepherd Elementary School
Emily Rae, Harold Longworth Public School
Joshua Libunao, Holy Family Elementary School
Natalie Verwoert, John M. James Public School
Janae Broersma, Knox Christian School
Sean Hambly, M.J. Hobbs Senior Public School
Bella Synard, Monsignor Leo Cleary Elementary School
Olivia Aitchison, Mother Teresa Elementary School
Brittany Lansang, St. Elizabeth Elementary School
David Suthers, St. Francis of Assisi Elementary School
Grace Csizmadia, St. Joseph’s Elementary School
Glara Hussein, S.T. Worden Public School
Delaney Piney-Titshall, The Pines Senior Public School
Olivia McClelland, Vincent Massey School
Kaleigh Duff, Waverley Public School
Mayor Foster also recognized Arigsa Manoharan from Charles Bowman Public School,
who was not in attendance this evening.
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June 12, 2017
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Mayor Foster recognized the following secondary students and presented them with a
personal framed certificate and bursary:
Teagan Biersteker, Clarington Central Secondary School
Emily James, Clarke High School
Emily Jones, Courtice Secondary School
John Loudfoot, Durham Christian High School
Stefani Aleksanderek, Holy Trinity Secondary School
Victoria Arbour, St. Stephens Secondary School
Mayor Foster presented the 2017 Senior of the Year Award to Jeany Barrett.
Mayor Foster recognized the accomplishments of Ms. Barrett and thanked her for
her service to the Community.
Resolution #C-154-17
Moved by Councillor Traill, seconded by Councillor Woo
That Council recess for five minutes.
Carried
The meeting reconvened at 7:44 PM.
Resolution #C-155-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the Rules of Procedure be suspended to allow for the addition of a delegation.
Carried
Resolution #C-156-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Peter Zakarow be added to the list of delegations to address Council regarding
Unfinished Business Item 13.1. – Addendum to Report PSD-034-17 – Recommendation
to Add Three Properties to the Municipal Register.
Carried
David Veenstra, Co-Chair, St. Marys Cement Community Relations Committee
(CRC) addressed Council to provide the Community Relations Committee’s
Annual Report 2016. Mr. Veenstra noted that Tanya Pardy, Human Resources
Manager, was unable to attend tonight’s meeting and that Chris Richards,
Environmental Manager for the Bowmanville Plant would be speaking on her
behalf. Mr. Veenstra recognized the efforts and years of service of Glenda Gies
to the St. Marys Cement Community Relations Committee.
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June 12, 2017
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Mr. Veenstra stated the CRC meets on a quarterly basis to identify and give a
voice to community concerns, to provide advice to operations staff, and to review
and provide feedback and insight as to how the plant affects and impacts the
community. Through use of a PowerPoint presentation, Chris Richards
compared SO2 and NOX emissions from 2015 to 2016, noting St. Marys will
transfer allowances from the plant in St Marys to cover the SO2 exceedances for
2016 and will transfer the remaining allowance of NOX emissions to the
allowance balance for future use. Mr. Richards indicated that there were four
exceedances of PM 10 BAM over the 50mg/m3 limit, which in three cases were
caused by agricultural activities, and in the fourth instance caused by elevated
particulate values occurring outside St. Marys property. Mr. Richards reviewed
the 2016 air and ground vibration readings advising there were no exceedances
to the Provincial guidelines in 2016. He advised of 26 complaints received from
the community, noting that in all cases, all complainants were contacted
personally by staff.
Mr. Richards provided a snapshot St. Marys Cement initiatives and of the Community
organizations St. Marys supports.
Chris Richards responded to questions from Members of Council.
Resolution #C-157-17
Moved by Councillor Neal, seconded by Councillor Woo
That the Rules of Procedure be suspended to allow members of Council to pose
questions to Chris Richards for a second time.
Carried
Chris Richards continued to respond to questions from Members of Council.
Resolution #C-158-17
Moved by Councillor Woo, seconded by Councillor Hooper
That the St. Marys Cement Community Relations Committee (CRC) Annual Report
2016 be received;
That the delegation of St. Marys Cement Community Relations Committee and St.
Marys Cement be received with thanks; and
That staff, the St. Marys Cement Community Relations Committee and St. Marys be
requested to review and modernize the Terms of Reference for the CRC.
Carried
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June 12, 2017
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7 Delegations
Prior to the start of the meeting, Martin Field and Allison Hansen advised they
would be unable to attend tonight’s meeting and would re-schedule their
delegation regarding Unfinished Business Item 13.2 - Support for Ban on Sale of
Animals in Pet Shops to a subsequent meeting.
Howard Smith, 1st Vice-President, Wilmot Creek Homeowners Association
(WCHA), addressed Council concerning Item 7 of the General Government
Committee Report – Report EGD-014-17 Train Whistling at Bennet Road and
Cobbledick Road. Mr. Smith advised that residents of Wilmot Creek are
disappointed with the May 29, 2017, General Government Committee decision to
not support conducting a safety study as there would be no financial impact to the
Municipality in supporting the study. Mr. Smith provided the most recent data on
fatalities after whistle bans noting the numbers continue to fall. He expressed
concern that the staff report did not explore other options including an automated
wayside horn which is installed at the crossing itself or banning whistling from
11:00 PM to 6:00 AM.
Mr. Smith stated over 900 homeowners (of a total of approximately 1600
residents) who endure noise pollution on a daily basis have signed a petition
requesting the Municipality to undertake a safety study on the implementation of
train whistle cessation at Bennet Road and Cobbledick Road level crossings and
noted many residents of Wilmot Creek have health issues which are aggravated
by lack of sleep. He indicated that CN Rail will be increasing the number of trains
per day next year. Mr. Smith stated 2/3 of Ontario’s residents live in areas where
routine train whistles are banned and requested Council to take a responsible and
objective look at how to find a solution.
Howard Smith responded to questions from Members of Council.
Georges Bouchard, Treasurer, Wilmot Creek Homeowners Association (WCHA),
addressed Council concerning Item 7 of the General Government Committee
Report - Report EGD-014-17 Train Whistling at Bennet Road and Cobbledick
Road. Mr. Bouchard stated train whistling fits within the definition of “noise
pollution” which is the disturbing or excessive noise that may harm the activity or
balance of human or animal life. Mr. Bouchard stated blaring train horns interrupt
sleep which can lead to serious health and mental issues. He noted the effects of
sleep deprivation are recognized world-wide, and provided real-life examples of
the effect of sleep deprivation on individual residents of Wilmot Creek.
Mr. Bouchard expressed disappointment that Council made no effort to work with
the Wilmot Creek community to find a solution or to acknowledge the impact of
noise pollution as a problem to residents. He stated that only a safety expert can
determine what’s safe, and challenged Members of Council to seek the
appropriate balance between safety and noise pollution.
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Georges Bouchard responded to questions from Members of Council.
Jim Gibner, Member, Orono Fish and Hunt Club Communications Committee,
addressed Council concerning Item 6 of the General Government Committee
Report – Report CLD-014-17 - Noise By-law Limits Pertaining to Gun Clubs.
Through use of a PowerPoint presentation, Mr. Gibner provided an update on
communication efforts with all stakeholders and actions taken since May 29, 2017,
including the establishment of a Communications Committee and a Noise
Committee. Mr. Gibner summarized his delegation by stating the Orono Fish and
Hunt Club is taking the issue very seriously, they have commitment from the
OFHC Board and membership to work with all stakeholders, action plans and
budgets have been established for reductions in sound for 2017, and
communications plans have commenced and will continue to advance.
Jim Gibner responded to questions from Members of Council.
Peter Zakarow addressed Council concerning Unfinished Business 13.1 -
Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to
the Municipal Register. Mr. Zakarow advised that he purchased his home 52
years ago and was just recently advised that his home was going to be added to
the heritage register. Mr. Zakarow stated he was willing to work with the Heritage
Committee at a future date but at the present time was requesting a deferral of
adding his property to the heritage register at this time.
Peter Zakarow responded to questions from Members of Council.
13 Unfinished Business
13.1 Addendum to Report PSD-034-17 – Recommendation to Add Three
Properties to the Municipal Register
Resolution #C-159-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Report PSD-034-17 be lifted from the table.
Carried
Resolution #C-160-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the recommendation to add three properties to the Municipal Register be divided to
vote on the addition of each property to the Municipal Register separately.
Carried
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Resolution #C-161-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the addition of 282 Liberty Street North to the Municipal Register be referred back
to the Heritage Committee.
Carried
Resolution #C-162-17
Moved by Councillor Cooke, seconded by Councillor Neal
That Report PSD-034-17 and Addendum to Report PSD-034-17 be received;
That 1738 Bloor Street be added to the Municipal Register; and
That all interested parties listed in Report PSD-034-17 and any delegations be advised
of Council’s decision.
Carried
Resolution #C-163-17
Moved by Councillor Cooke, seconded by Councillor Neal
That 1598 Baseline Road be added to the Municipal Register.
Carried
Resolution #C-164-17
Moved by Councillor Traill, seconded by Councillor Partner
That Council recess for ten minutes.
Carried
The meeting reconvened at 9:51 PM.
Resolution #C-165-17
Moved by Councillor Traill, seconded by Councillor Woo
That the Order of the Agenda be altered to consider Item 7 of the General Government
Committee Report at this time.
Carried
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June 12, 2017
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10. Committee Reports
10.2 General Government Committee Report of May 29, 2017
Item 7 - Train Whistling at Bennett Road and Cobbledick Road
Resolution #C-166-17
Moved by Councillor Traill, seconded by Councillor Woo
That a consultant, acceptable to the Municipality, be retained to work along with the
railway company, in this case CN Rail, to jointly conduct a detailed safety assessment
of the grade crossing at the Bennet Road and Cobbledick Road level crossings and to
confirm the necessary safety measure requirements for possible implementation of
partial or full sound mitigation strategies at the Bennet Road and Cobbledick Road
public level crossings;
That costs of the detailed safety assessment are to be apportioned equally amongst
WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to the
Municipality of Clarington;
That the results of the detailed safety assessment of the grade crossings shall be
presented to Committee on or before January, 2018. The responsible authority, being
the consultant acceptable to the Municipality, and the railway company, shall request
Transport Canada to confirm the assessment that the crossings, Bennett Road and
Cobbledick Road, meet the applicable guidelines and/or requirements; and
That results found in Grade Crossing Regulations and Standards and any other
applicable guidelines or requirements are to be presented to Committee for deliberation
of implementation of possible sound mitigation strategies at the Bennett Road and
Cobbledick Road public level crossings.
Withdrawn later in the meeting
Resolution #C-167-17
Moved by Councillor Cooke, seconded by Councillor Partner
That Council recess for five minutes.
Carried
The meeting reconvened at 10:17 PM.
The foregoing Resolution #C-166-17 was subsequently withdrawn.
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Resolution #C-168-17
Moved by Councillor Traill, seconded by Councillor Woo
That a consultant, acceptable to the Municipality, be retained to work along with the
railway company, in this case CN Rail, to jointly conduct two detailed safety
assessments of the grade crossing at the Bennet Road and Cobbledick Road level
crossings and to confirm the necessary safety measure requirements for:
a) possible implementation of partial or full whistle cessation
b) sound mitigation strategies at the Bennett Road and Cobbledick Road public
level crossings;
That costs of the two detailed safety assessments are to be apportioned equally
amongst WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to
the Municipality of Clarington;
That the results of the detailed safety assessments of the grade crossings shall be
presented to Committee on or before January, 2018. The responsible authority, being
the consultant acceptable to the Municipality, and the railway company, shall request
Transport Canada to confirm the assessment that the crossings, Bennett Road and
Cobbledick Road, meet the applicable guidelines and/or requirements; and
That results found in Grade Crossing Regulations and Standards and any other
applicable guidelines or requirements are to be presented to Committee for deliberation
of implementation of possible sound mitigation strategies at the Bennett Road and
Cobbledick Road public level crossings.
Carried as amended later in the meeting
(See following motions)
Resolution #C-169-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the foregoing Resolution #C-168-17 be amended to add the following:
That should the second study, being the sound mitigation strategy study, cause the
overall costs to increase beyond $15,000, that the whistle cessation study would
proceed, and the sound mitigation strategy study would not proceed.
Lost on the following recorded vote:
Council Member Yes No Declaration of
Pecuniary Interest
Absent
Councillor Neal √
Councillor Partner √
Councillor Traill √
Councillor Woo √
Councillor Cooke √
Councillor Hooper √
Mayor Foster √
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Resolution #C-170-17
Moved by Councillor Traill, seconded by Councillor Woo
That the foregoing Resolution #C-168-17 be amended to add “that prior to proceeding,
staff report back on the cost.”
Carried
The foregoing Resolution #C-168-17 was then put to a vote and carried as amended on
the following recorded vote:
Council Member Yes No Declaration of
Interest
Absent
Councillor Traill √
Councillor Woo √
Councillor Cooke √
Councillor Hooper √
Councillor Neal √
Councillor Partner √
Mayor Foster √
8 Communications – Receive for information
St. Marys Cement Community Relations Committee – Annual Report – 2016
This matter was considered earlier in the meeting under the Presentations Section of
the Agenda.
9 Communications – Direction
Dale Gibbons, Chair, Courtice Family Concerts in the Park – Request for
Exemption to Sign By-law
Resolution #C-171-17
Moved by Councillor Neal, seconded by Councillor Cooke
That subject to Courtice Family Concerts in the Park obtaining the owner’s consent,
staff be directed to issue a sign permit to Courtice Family Concerts in the Park for a two
month period commencing June 13, 2017 for the property at 1463 Regional Highway
No. 2.
Carried
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10 Committee Reports (cont’d)
Advisory Committee Reports
10.1.1 Minutes of the Clarington Heritage Committee dated May 16, 2017
10.1.2 Minutes of the Orono Arena Community Centre Board dated May 30, 2017
Resolution #C-172-17
Moved by Councillor Partner, seconded by Councillor Traill
That Advisory Committee Report Items 10.1.1 and 10.1.2, be received for information.
Carried
General Government Committee Report of May 29, 2017 (Cont’d)
Resolution #C-173-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That the recommendations contained in the General Government Committee Report of
May 29, 2017, be approved, on consent, with the exception of items #6, #7 (which was
considered earlier in the meeting) #12, #16 and #27.
Carried
Item 16 – Tyrone Community Centre
Resolution #C-174-17
Moved by Councillor Cooke, seconded by Councillor Traill
That Sponsorship Application #17-S12 from the Tyrone Community Centre, be
approved in the amount of $450.
Carried
Councillor Hooper declared an interest in accordance with the Municipal Conflict of
Interest Act, with respect to Item 27 of the General Government Committee Report, as
he is a member of the Board, and he left the Council Chambers during discussion and
voting on this matter.
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Item 27 – Concerts in the Park Bowmanville
Resolution #C-175-17
Moved by Councillor Cooke, seconded by Councillor Neal
That Sponsorship Application #17-S23 from the Concerts in the Park Bowmanville, be
approved in the amount of $2000.00.
Carried
Councillor Hooper returned to the meeting.
Councillor Traill declared an interest in accordance with the Municipal Conflict of
Interest Act, with respect to Item 12 of the General Government Committee Report, as it
affects her law practice, and she left the Council Chambers during discussion and
voting on this matter.
Item 12 – Grandview Children’s Foundation
Resolution #C-176-17
Moved by Councillor Woo, seconded by Councillor Cooke
That Sponsorship Application #17-S8 from the Grandview Children’s Foundation, be
approved in the amount of $2000.00.
Carried
Councillor Traill returned to the meeting.
Item 6 – Noise By-law Limits Pertaining to Gun Clubs
Resolution #C-177-17
Moved by Councillor Partner, seconded by Councillor Woo
That Report CLD-014-17 be received for information;
That the noise issue be reviewed quarterly by the Committee to monitor whether or not
all maintenance is working to reduce the noise levels; and
That all interested parties listed in Report CLD-014-17 and any delegations be advised
of Council's decision.
Withdrawn
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June 12, 2017
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Resolution #C-178-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Report CLD-014-17 be received for information; and
That all interested parties listed in Report CLD-014-17 and any delegations be advised
of Council's decision.
Carried
Resolution #C-179-17
Moved by Councillor Hooper, seconded by Councillor Neal
That the Rules of Procedure be suspended to extend the meeting beyond 11:00 PM.
Carried
Resolution #C-180-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the meeting be extended for 15 minutes.
Carried
Planning & Development Committee Report of June 5, 2017
Resolution #C-181-17
Moved by Councillor Woo, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of June 5, 2017 be approved, on consent, with the exception of items #1 and #4.
Carried
Item 4 – Applications by 1816451 Ontario Limited to Permit an Auto Mall with a
Minimum of the Three Motor Vehicle Dealerships Including Recreational
Vehicles/Trailer Sales Establishments, Rundle Road, Courtice
Resolution #C-182-17
Moved by Councillor Neal, seconded by Councillor Hooper
That Report PSD-038-17 be received;
That the proposed application for Clarington Official Plan Amendment COPA 2017-0006
and Rezoning ZBA 2017-0011 submitted by 1816451 Ontario Limited continue to be
processed including the preparation of a subsequent report; and
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June 12, 2017
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That all interested parties listed in Report PSD-038-17 and any delegations be advised
of Council’s decision.
Carried
Item 1 – Applications by Tornat Newcastle Limited for a Mixed-Use Development
at King Avenue West and Rudell Road, Newcastle
Resolution #C-183-17
Moved by Councillor Partner, seconded by Councillor Woo
That Report PSD-039-17 be received;
That the applications submitted by Tornat Newcastle Limited for a Clarington Official
Plan Amendment (COPA 2017-0007), a Draft Plan of Subdivision (S-C-2017-0006),
Rezoning (ZBA 2017-0009) and an amendment to the Foster Northeast Neighbourhood
Design Plan (PLN 31.5.7) continue to be processed including the preparation of a
subsequent report; and
That all interested parties listed in Report PSD-039-17 and any delegations be advised
of Council’s decision.
Carried
11 Staff Reports
Report COD-004-17 – Depot 42 New Storage Buildings
Earlier in the meeting, Mayor Foster advised that Report COD-004-17 had been
withdrawn by staff.
12 Business Arising from Procedural Notice of Motion
There was no Business Arising from Procedural Notice of Motion considered under this
Section of the Agenda.
13 Unfinished Business (Cont’d)
Addendum to Report PSD-034-17 – Recommendation to Add Three
Properties to the Municipal Register (Tabled at the Council meeting of
May 23, 2017)
This matter was considered earlier in the meeting.
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Support for Ban on Sale of Animals in Pet Shops (Referred to Council by
the General Government Committee on May 29, 2017)
Resolution #C-184-17
Moved by Councillor Neal, seconded by Councillor Hooper
That Correspondence dated May 2, 2017, from Karen L. Ormerod, Executive Director,
Humane Society of Durham Region, requesting support for a ban on sale of animals in
pet shops be referred to the July 3, 2017, Council meeting.
Carried
14 By-laws
Resolution #C-185-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-laws 2017-051 and 2017-052
14.1 2017-051 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (H & H Properties Inc.) (Approved by Council on
February 8, 2016)
14.2 2017-052 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (Bowmanville Apartments Inc.) (Item 3 of the
Planning and Development Committee Report); and
That the said by-laws be approved.
Carried
15 Procedural Notices of Motion
There were no Procedural Notices of Motion considered under this Section of the
Agenda.
1 I I
Resolution #C-186-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the Rules of Procedure be suspended to further extend the meeting.
Carried
Resolution #C-187-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the meeting be extended for five minutes.
Carried
16 Other Business
Council
Minutes
June 12, 2017
Councillor Neal questioned what the next steps are concerning Mitchell's Corners
shoulder widening. The Director of Engineering responded that staff are investigating
the development of a case for the Mitchell's Corners improvement.
17 Confirming By-law
Resolution #C-188-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-law 2017-053, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 12th day of June, 2017; and
That the said by-law be approved.
Carried
18 Adjournment
Resolution #C-189-17
Moved by Councillor Partner, seconded by Councillor Neal
That the e ting adjourn at 11:16 PM.
Mayor
Carried a
Municipal Clerk
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