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HomeMy WebLinkAbout09/27/2004 . . . > ,- Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON September 27,2004 Minutes of a regular meeting of Council held on September 27,2004, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 9:15 p.m.) Director of Community Services, J. Caruana (attended until 9:05 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 9:05 p.m.) Director of Corporate Services, M. Marano (attended until 9:05) Director of Finance/Treasurer, N. Taylor (attended until 9:05 p.m.) Acting Chief of Emergency & Fire Services, G. Weir (attended until 9:05 p.m.) Administrative Assistant to the Clerk, C. Tennisco (attended until 9:05 p.m.) Deputy Clerk, M. Knight Stanley DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Foster indicated the he would be disclosing a pecuniary interest with respect to Correspondence Item D - 6. Resolution #C-471-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on September 13, 2004, be approved. "CARRIED" . . . Council Minutes DELEGATIONS - 2 - September 27,2004 Resolution #C-472-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the following delegations be added to the agenda: e) Josip Tomina, 2943 Solina Road North, Bowmanville, L 1C 2K4, regarding Report CLD-31-04; f) Peter Hogenbirk, 2987 Solina Road North, Bowmanville, L 1 C 3K4, regarding Report CLD-31-04; and g) Julie Jones, 1121 Elliott Road, R.R. 8 Newcastle, L 1 B 1 L9, regarding Report PSD-116-04. "CARRIED" EDUCATION DEVELOPMENT CHARGES HEARING Harold Hammond, Trinity United Church, 116 Church Street, Bowmanville, L 1 C 1T2, appeared before Council with a concern regarding Trinity United Church's Education Development Charges. Mr. Hammond requested consideration to refund the Education Development Charges assessed on their Building Permit- June 25, 2004 in the amount of $382.96 for the following reasons: . Non-profit organization serving the Municipality of Clarington for 169 years; . Serves the community through faith, religion, and community weekly activities including Scouts, Brownies, Guides, and Sparks; and . Building expansion is designed to enhance community services. Mr. Hammond requested that the costs be waived as the building will serve as an educational facility for the community. . . . Council Minutes - 3 - September 27,2004 EDUCATION DEVELOPMENT CHARGES PUBLIC MEETING Joel Sloggett, Manager of Planning, Kawartha Pine Ridge Education Centre, 1994 Fisher Drive, Peterborough, K9J 7A1 appeared before Council as a representative, also on behalf of the Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, K9J 7M3, advised Council that the application does fall within the definition of the by-law and that Mr. Hammond's application would be subject to the Education Development Charges. He suggested that refunding this amount would set a precedent and requested that Council deny the request. Resolution #C-473-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the agenda be altered to allow for the consideration of Mr. Hammond's request regarding the Education Development Charge at this time. "CARRIED" Resolution #C-474-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the delegation of Mr. Hammond regarding the Education Development Charge be referred to staff. "CARRIED" In accordance with Section 150 of the Municipal Act, 2001, c. 25, a public meeting is being held to hear concerns and comments with respect to the Municipality's proposed by-law to regulate and govern taxi and limousine businesses in the Municipality of Clarington (Report CLD-30-04). . . . Council Minutes PUBLIC MEETING -4- September 27,2004 The following taxi owners/brokers spoke in opposition: William Smale, Owner/Broker, Clarington Cab, 194 Church Street, Bowmanville, L 1 C 2Y5, stated the following concerns in regards to the proposed taxi by-law: .Increased costs to the taxi drivers low income job; drivers currently incur the costs for a Taxi Driver Permit, photos, driver's abstract and criminal checks; increase for Taxi Driver Permit would be from $20.00 up to $105.25 per year; and Owner/Broker licence increase from $25.00 to $316.00 per year. Mr. Smale stated the above increases, along with the high cost of insurance (approximately $5,000.00 per vehicle), is unacceptable. Joe Fernades, Owner/Broker, Joe's Bowmanville Taxi, 169 King Street East, Bowmanville, L 1 C 1 N9, addressed Council regarding the high costs of operating a taxi business in Clarington. He is opposed to the proposed by-law for the following reasons: . Number of Taxi Companies Operating in Clarington too many taxi companies allowed to operate in Clarington; and three to four days a week his cabs are sitting in the driveway In closing, Mr. Fernades stated he has invested a large amount of money on his vehicles and is requesting a meeting with Municipal Law Enforcement to stop the opening of new taxi companies in Clarington. Resolution #C-475-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the agenda be altered to allow for the consideration of Report CLD-30-04 Proposed Taxi Licencing By-law at this time. "CARRIED" . . . Council Minutes PUBLIC MEETING DELEGATIONS - 5 - September 27,2004 Resolution #C-476-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report CLD-30 -04 be received; THAT the proposed Taxi Licencing By-law be referred back to Staff for further processing and the final presentation following the receipt of comments from all interested parties; and, That the interested parties listed in Report CLD-30-04 and any delegations be advised of Council's decision. "CARRIED" Glenn Van Dam, 8063 King Street, ViI/age of Haydon, LOB 1 MO regarding Report CLD-29-04 was called but was not present. James Bouillon, 10308 Old Scugog Road, Burketon, LOB 1BO addressed Council regarding the Order to Restrain - Report CLD-29-04. Mr. Bouillon is requesting the Order be withdrawn based on the following: report is not accurate; 3 different incident reports were submitted; and it was not their dog involved in the attack; they were not at home at the time of the incident. Mr. Bouillon stated there is an impending law suit and he requested that the Order to Restrain be withdrawn as they are currently in compliance with the Order to Restrain except for muzzling their dog. . . . Council Minutes DELEGATIONS - 6- September 27,2004 Laurie Graham, 4673 Concession Road 1, R.R. #8, Newcastle, L 1 B 1 L9, addressed Council with her concerns regarding Report PSD-116-04. Ms. Graham is opposed to the recommendations contained in Report PSD-116-04 and feels residents have been misled and stated the following: resides Y. kilometre west of Elliott Road and can see the proposed dump station from their back yard; alternate forms of transporting of waste and routes have not been investigated such as rail; concern for the safety of her 3 children as a heavy flow of trucks will be rumbling by and her children would not be able to ride their bikes in a safe environment; noise and air pollution; trucks creating dust and dangerous chemicals in the air; and disturbing the natural environment in the area; deer reside in the neighbourhood. In closing Ms. Graham requested that Council defer their vote and not proceed with Concept II as there are too many unanswered questions. Ann Fennell, 95 Padfield Drive, Bowmanville, L 1C 5H6 - Report PSD-111-04 "Official Plan Amendment COPA 2004-004" was called but was not present. Josip Tomina, 2943 Solina Road North, Bowmanville, L 1C 3K4, addressed Council with his concerns regarding Report CLD-31-04 as follows: His neighbour is operating an illegal commercial business on twelve acres of property; property is zoned agricultural; Drainage has been affected by the planting of trees on the neighbour's property; Noise - business is beginning operation at 6:00 a.m. and going through until 7:00 p.m.; non compliance of Noise By-law; and Shotguns being fired off in the backyard during the evening; Mr. Tomina fears his cattle being injured. Mr. Tomina requested that the business move to an industrial area, the barn on the premises be demolished, and the business stop operation until the proper zoning is in place. . . . Council Minutes DELEGATIONS - 7 - September 27, 2004 Peter Hogenbirk, Owner, Birk's Landscaping, 2987 Solina Road North, Bowmanville, L 1 C 3K4 addressed Council regarding Report CLD-31-04. Mr. Hogenbirk stated when he purchased the property the previous owner operated Keggenhoff's Poulty Farm on the premises and two other landscaping companies were operating on Solina Road, Bowmanville. In his defence he stated the following: He does not own a shotgun; He was unaware of any concerns until Municipal Law Enforcement Officer informed him of a complaint; Drainage is poor; all of the properties in the area are very low and the water typically drains out slowly; He is not operating heavy equipment from the business; He ceased dealing with the suppliers that were coming before 7:00 a.m.; and In June of this year he began operating in Whitby. Mr. Hogenbirk is willing to submit an application to legalize his property when the Greenbelt Protection Act is lifted and his intentions are to have Whitby the main location of the business. Julie Jones, 1121 Elliott Road, R.R. 8 Newcastle, L 1 B 1 L9, stated her following concerns regarding the ethics and morals of Report PSD-116-04: She looked for a country property/house with charm and potential, land to raise beef cattle and a horse or two to ride. The house had to have a vista, be located out of town, have the possibility of being a bed & breakfast, close to water and snow skiing facilities; not in Port Hope as there is nuclear waste, and no hydro lines - In the spring of 2004 a neighbour tipped her off to what she calls "Port Granby's dark well known secret"; a radioactive dump not in her back yard but in her front yard - two km away; and - Plans to dig this up, move it one km north closer to her home, and there are going to be upwards of 50,000 trucks passing the corner of her property and then bury it in a mound three stories high; gone is the peace and tranquility, gone is the lake view, and gone is the thought of a Bed & Breakfast; . . . Council Minutes DELEGATIONS COMMUNICATIONS I - 1 F11.GE - 8 - September 27, 2004 Ms. Jones is asking herself how, in good conscience, she can request people to pay to stay at this historic B&B with the threat of nuclear waste and, as a hundred dump trucks a day roll on by the property. How can she sell the property? As a responsible home owner she is required to disclose the LLRWS. Morally and ethically she is placed in a "no win" situation. She stated that the Port Hope Initiative signs posted on Lakeshore are falsely misleading. She requested that the morals of her municipal government be higher than her own and asked Council when they vote to protect and serve the residents and that a comprehensive panel review environmental assessment be performed on both options. Resolution #C-477-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:15 p.m. Correspondence Item I - 16 was distributed as handout. Resolution #C-478-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, including the handout item, be approved with the exception of Items I - 6 and 1-8. "CARRIED" Phil Perrin, Managing Director, Limestone Learning Foundation, thanking Council for the donation in support of Shawn Broome's cross-Canada trip. . . . Council Minutes COMMUNICATIONS 1-2 C06.SA 1-3 T03.GO 1-4 C06.LO 1-5 M06.ED 1-7 E05.GE 1-9 C10.MO -9- September 27,2004 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated September 14, 2004. Minutes of the Greater Toronto Transit Authority meeting dated August 13, 2004. Minutes of the Local Architectural Conservation Advisory Committee dated June 15, 2004. Judy Malfara, Communications Officer, Kawartha Pine Ridge District School Board, advising to Council that the Kawartha Pine Ridge District School Board's annual Parent and School Council Conference will be held on October 2, 2004 at Adam Scott Collegiate Vocational Institute and Intermediate School in Peterborough from 8:45 a.m. - 3:30 p.m. Craig Kielburger, founder of Free the Children will be the keynote speaker. John O'Toole, MPP, Durham, submitting to Council a copy of correspondence from The Honourable Dwight Duncan, Minister of Energy, in response to the Regional Municipality of Durham's resolution regarding the ministry's Request for Information/Request for Qualifications for 2,500 MW of new clean generation and demand side projects and why Priority Zone bonuses were established. Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on September 8, 2004 their Council passed the following resolution regarding Provincial Policy Reform Initiatives (2004-P-68): "a) THAT the Province be advised of Regional Council's general support of the planning reform initiatives and the following comments be offered on the Consultation Discussion Papers: i) Planning reform should be integrated with other initiatives, such as Greenbelt Protection and the Growth Plan for the Greater Golden Horseshoe, to provide a comprehensive and compelling long-term vision for the Provincial strong communities initiative; . . . Council Minutes COMMUNICATIONS - 10- September 27,2004 ii) While changes to the Planning Act will provide greater direction and tools to municipalities, additional complementary actions are required to: a) Expand the definition of 'complete application'; b) Streamline environmental assessment and other provincial regulations to expedite the delivery of infrastructure; c) Allow the municipalities the ability to make decisions on applications based on the latest provincial legislation and policies; d) Provide funding, financial tools, and other resources, to enable municipalities to effectively implement programs critical to the success of the strong communities initiative; e) Refine the implementation tools, such as community improvement plans, development permit system, conditional zoning, and density bonusing; iii) The policy directions in the PPS should be strengthened by addressing the following: a) Provide clear definition on what constitutes an acceptable level of 'intensification' and 'redevelopment', including development guidelines and measurable performance standards to assist with implementation; b) Develop separate and distinct provincial planning policies for the high-growth areas, such as the Greater Golden Horseshoe; c) Provide strong direction to maintain a sufficient long-term supply of employment lands; d) Include effective policies requiring minimum affordable housing targets for low and moderate income households; . . . Council Minutes COMMUNICATIONS I - 10 C10.MO - 11 - September 27,2004 e) Strengthen the policies for sewage/water and transportation systems based on designated growth areas and the staging of infrastructure and incorporate new policies to address the provision of human services; f) Clarify priorities among the various policy areas in the PPS, especially between aggregate resources and natural heritage, and between agriculture and settlement areas; and iv) The recommendations of the GT A Task Force on Ontario Municipal Board (OMB) Reform should be adopted to redefine the role and function of the Board. Administrative changes that assist in decision making and provide a more user friendly OMB are supported. b ) THAT the Province consider the above comments in conjunction with previous submissions of the Region on Bill 26, the Strong Communities Act, Bill 27, the Greenbelt Protection Act, Smart Growth, Brownfields, the draft Drinking Water Source Protection Act, the GT A Agricultural Action Plan and OMB reform; and c) THAT a copy of Report #2004-P-68 of the Commissioner of Planning be forwarded to the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, and the local area municipalities." Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on September 8, 2004 their Council passed the following resolution regarding Post Circulation Comments and Proposed Modifications from the Ministry of Municipal Affairs and Housing on Regional Official Plan Amendment #89 - Oak Ridges Moraine Conservation Plan (2004- P-67): "a) THAT Report #2004-P-59 of the Commissioner of Planning be received for information; . . . Council Minutes COMMUNICATIONS I - 11 C10.MO - 12- September 27,2004 b) THAT the Ministry of Municipal Affairs and Housing be advised that the Region of Durham agrees with the proposed Minister's modifications to Regional Official Plan Amendment (ROPA) #89 - Oak Ridges Moraine Conservation Plan, as presented in the communication dated April 13 2004 from Beverly Hendry, Regional Director, Municipal Services Office - Central, included as Attachment #1 to Report #2004-P-59 of the Commissioner of Planning, with the exception of proposed Minister's modifications #2, #22, #29, #46 and #48; c) THAT the Region of Durham requests that proposed Minister's modifications #2, #22, #29, #46 and #48 be revised, as outlined in Report #2004-P-67 of the Commissioner of Planning; d) THAT the Minister of Municipal Affairs and Housing be requested to consider and respond to the recommendations made by Regional Council on April 16, 2003 and May 28, 2003 regarding issues which arose during the consultation process for ROPA #89, as outlined in Section 3 of Report #2004-P-59 of the Commissioner of Planning, prior to approval of ROPA #89; and e) THAT a copy of Reports #2004-P-59 and #2004-P-67 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, the area municipalities, the conservation authorities, the City of Kawartha lakes, the Counties of Northumberland and Peterborough and the Regions of York and PeeL" Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on September 8, 2004 their Council passed the following resolution regarding Selected Waste Prohibited from Landfill Disposal in the State of Michigan: "a) THAT the proposed By-law, attached to Report #2004-WR-10 of the Commissioner of Works, confirming the prohibition of selected municipal wastes from disposal in landfill sites be approved and enacted; and b ) THAT a copy of Report #2004-WR-1 0 of the Commissioner of Works and the enacted By-law be forwarded to each of the area municipalities for information and compliance." . . . Council Minutes COMMUNICATIONS 1- 12 C10.MO 1- 13 F27.GE 1-14 A04.GE 1-15 A04.GE 1-16 M02.GE - 13 - September 27,2004 Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on September 8, 2004 their Council passed the following resolution regarding January to June, 2004 Building Permit Activity Review (2004P-72): "a) THAT Report #2004-P-72 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2004-P-72 of the Commissioner of Planning be forwarded to area municipalities." Nancy Naylor, Assistant Deputy Minister, Ministry of Finance, advising that Ontario Regulation 274/04 Section 365.1 of the Municipal Act, 2001 becomes effective October 1, 2004 to create a new financing tool to provide an incentive for environmental site remediation and allow the Government to partner with Municipalities in a program of matching education property tax assistance to ensure Brownfields sites are at their full economic and environmental potential. The Urban Development Institute/Ontario advising The Honourable John Gerretsen will hold a Workshop Series on how the process and implementation strategies will accommodate the needs of a growing population while addressing environmental protection (Planning Reform and review of PPS and OMB) on Tuesday, October 12, 2004 to be held at the Inn on the Park Hotel. The Urban Development Institute/Ontario advising The Honourable David Caplan will hold a Workshop Series on how the government will implement the growth management strategy and what it will mean to developers, municipalities, and the public ( ''Places to Grow') on Monday, November 29,2004 to be held at the Inn on the Park Hotel. Paul Moist, National President, CUPE advising Council that commencing October 5, 2004, CUPE is kicking off a multi-year effort to take back our communities by urging members across the country to reinvest in the public services that bind our communities together. . . . Council Minutes COMMUNICATIONS 1-6 E05.GE 1-8 P06.GE - 14- September 27,2004 John O'Toole, MPP, Durham, supplying Council with a copy of a response to Question Number 98 which was tabled in Ontario Legislature in June in regards to the extension of the public alerting zone in areas around nuclear power stations. The Honourable Monte Kwinter, Minister of Community Safety and Correctional Services, has advised that, in interest of public safety, the subject of extending the public alerting zone is under active consideration in the development of a revised Provincial Nuclear Emergency Response Plan. Resolution #C-479-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-6 be received for information. "CARRIED" Association of Municipalities of Ontario, advising that the government amended Bill 124 Regulations to Limit Conflicts of Interest and Protect Public Safety. AMO and others involved in the building regulatory process noted the potential conflict of interest in having builders appoint their own inspectors. The government has now moved to remove this provision. Municipalities will still have the flexibility to appoint their own Registered Code Agencies under the Act. Resolution #C-480-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 8 be received for information. "CARRIED" Correspondence Items D - 8 and D - 9 were distributed as a handout. . . . Council Minutes COMMUNICATIONS D - 1 E05.GE D-2 M02.GE D - 3 M02.GE D-8 M02.GE - 15 - September 27,2004 Resolution #C-481-04 Moved by Councillor Pin;)le, seconded by Councillor MacArthur THAT the Correspondence Items be approved as per the agenda, including the handout items, with the exception of Items D - 4 to D - 7, inclusive and D - S'. "CARRIED" Frank Liefooghe, Zeugsteeg 26, 9000 Ghent, Belgium, introducing project "The Eco-City Project - City in Flowers" which will entail the participation of citizens, '3nterprises, churches, introduce ecology in school curriculum, and participation of artists and craftsmen to aid in the threat of climate and atmospheric changes. (Correspondence referred to the Director of Planning Services) Alan Cornthwaite, President, Bowmanville and District Navy League, requesting permission to sell tags on September 30, October 1, and October 2, 2004 pertaining to Navy League Tag Days for 2004. As in the past, this is a major fund raiser for the Royal Canadian Sea Cadet Corps and their Cadets will once again be in uniform in front of businesses throughout Clarington. (Approved to sell tags during Navy League Tag Days) Patrick Ryan, President, CUPE Ontario, requesting the proclamation ofWedne~.day, October 27,2004 as "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the people who work providing care to children in the community. (Proclaimed) Ted Eng, President, Durham Region Federation of Agriculture, requesting the proclamation of October 4 to 10, 2004 as "Ontario Agriculture Week" in recognition for Ontario's Farmers to be celebrated and make people aware of this 'celebration of agriculture' and 'if you ate today, thank a farmer-everday.' (Proclaimed) . . . Council Minutes COMMUNICATIONS D-4 M04.GE D-5 D19.GE - 16- September 27, 2004 Roy Norton, Assistant Deputy Minister, President and CEO, Ontario Exports Inc. inviting Council to participate in the "Ontario Global Traders Awards" to recognize exporters' achievements and contributions to the province. The deadline for nominations is November 1, 2004. Resolution #C-482-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Correspondence Item D - 4 be referred to the Clarington Board of Trade. "CARRIED" Lawson Gay and Rick Gay, Gay Company Limited, requesting Council name a street in the development of the Hancock Neighbourhood Draft Plan of Subdivision 18T-92014 as "Harry Gay Drive" in honour of their father/grandfather, founder of Gay Construction. Gay Construction is a long-time construction company in the Region of Durham and members of the Gay family are principals in 1361189 Ontario Limited. Harry Gay founded Gay Construction which built the major buildings for R.S. McLaughlin in Oshawa. During the war the company was designated an essential service to build all the shipping crates for transporting goods overseas. In more recent times, Gay Construction donated the concession area at the Garnet B. Rickard Arena and the pool at the Courtice Community Centre. With Harry Gay's record of achievement and philanthropy, he demonstrated his desire to support and build this community. Resolution #C-483-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the request of Lawson Gay and Rick Gay to name a street in the development of the Hancock Neighbourhood Draft Plan of Subdivision 18T-92014 as "Harry Gay Drive" in honour of their father/grandfather, founder of Gay Construction, be approved; and THAT Lawson Gay and Rick Gay be advised of Council's decision. "CARRIED" . . - Council Minutes COMMUNICATIONS D-6 M02.GE D-7 L07.GE - 17- September 27,2004 Councillor Foster stated a pecuniary interest with respect to Correspondence Item D - 6, vacated his chair and refrained from discussion and voting; Councillor Foster indicated that he is a member of the Rotary Club of Courtice. Bruce Townley, Chair, Festival Committee, Rotary Club of Courtice, advising Council of their unique fund raising event, to celebrate the community's heritage and diversity, while encouraging tourism and activity to contribute to the community's vitality, tentatively booked for May 28, 2005: a day family festival at Garnet B. Rickard Arena including various cultural groups providing food booths and entertainment; - buskers, magicians, clowns, and other events for children; and oldies dance. The Rotary Club of Courtice would appreciate any support the Municipality can offer the Rotary Club of Courtice with this event. Resolution #C-484-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT a letter of support from the Municipality of Clarington be forwarded to Bruce Townley, Festival Committee, Rotary Club of Courtice. "CARRIED" Glenda Gies, President, Port Darlington Community Association Inc., regarding concerns of the Shoreline Acquisition - expropriation of private residential properties on East Beach Road and requesting members of Council, Planning Services, and PDCA to meet regarding this issue. Resolution #C-485-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Item D - 7 be referred to staff to arrange a meeting as soon as possible, to include Central Lake Ontario Conservation Authority, Port Darlington Community Association Inc. and relevant members of Council. "CARRIED" . . - Council Minutes COMMUNICATIONS D-9 F11.GE NOTICE OF MOTION REPORTS Report #1 G.PA Report Sept. 20, 2004 Report #2 Order to Restrain Bouillon Report #3 - 18- September 27, 2004 Eloise Remy, a 15 year Courtice resident, requesting funds to support her trip to Haiti to give aid following the devastation created by hurricane Jeanne. Resolution #C-486-04 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 9 be received for information; and THAT Elise Remy be advised of the grant process. "CARRIED" Resolution #C-487-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of September 20, 2004, be approved. "CARRIED" Resolution #C-488-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-29-04 be received; THAT the Order to Restrain on Tracey Bouillon be withdrawn; and THAT Tracey Bouillon and Glenn Van Dam be advised of Council's decision. "CARRIED" See Resolution #C-476-04 . . . Council Minutes REPORTS Report # 4 Municipal Performance Measures Program-2003 - 19- September 27,2004 Resolution #C-489-04 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report FND-021-04 be received for information. "CARRIED" Report #5 Resolution #C-490-04 Places to Grow Moved by Councillor Robinson, seconded by Councillor Schell Golden Horseshoe Report #6 Bowmanville Community Park Construction THAT Report PSD-114-04 be received and endorsed as the Municipality's comments on the Discussion Paper for "Places to Grow" - A Growth Plan for the Greater Golden Horseshoe; and THAT Report PSD-114-04 be forwarded to the Ministry of Public Infrastructure Renewal and the Region of Durham Planning Department. "CARRIED" Resolution #C-491-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-048-04 be received; THAT Rutherford Contracting Ltd., Gormley, Ontario with a total revised bid in the amount of $2,791 ,345.32 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-13, be awarded the contract for the Bowmanville Community Park Construction as required by the Engineering Department; THAT the total funds required in the amount of $3,047,345.32 ($3,660,298.65) less reductions plus contract administration, hydro and contingencies) be drawn from Engineering Capital Account 110-32-325-83252-7401; and . . . Council Minutes - 20- September 27, 2004 REPORTS THAT the by-law attached to Report COD-048-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" UNFINISHED BUSINESS Dom's Auto Parts Resolution #C-492-04 Company Ltd. Development Moved by Councillor Foster, seconded by Councillor MacArthur Charges Act THAT Report FND-022-04 be received; THAT staff be directed to process an amendment to the development charges by-law to exempt non-residential development in the case of demolition or fire consistent with the existing section 22(1) of By-Law 2000-108 pertaining to residential development; and THAT Council direct that development charges collected in the amount of $3,589.65 from Dom's Auto Parts Company Ltd. be refunded pursuant to the decision to amend the development charges by-law. "CARRIED" Tomina Property Resolution #C-493-04 Concerns Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-31-04 be received; and THAT the interested parties listed in Report CLD-31-04 be advised of Council's decision. "CARRIED" . . . Council Minutes - 21 - September 27, 2004 UNFINISHED BUSINESS Port Granby Project Resolution #C-494-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-116-04 and Addendum to PSD-116-04 be received; THAT the Municipality of Clarington concur with the recommendation of the Low Level Radioactive Waste Management Office that Concept II (relocation of the Port Granby waste to an engineered storage mound north of Lakeshore Road) should proceed through the Environmental Assessment process as the Qualified Concept for the Port Granby Project; THAT the Government of Canada be advised that the Municipality of Clarington is opposed to any waste, other than that associated with the existing Port Granby Waste Management Facility, being accepted or stored at the new waste management facility or on any of the lands to be acquired by the Government of Canada as part of the Port Granby Project; THAT the Low Level Radioactive Waste Management Office continue to consult with the Municipality of Clarington and affected residents regarding the mitigation of impacts from the construction and operation of the new waste management facility; and THAT a copy of Council's decision be forwarded to the Low level Radioactive Waste Management Office, Natural Resources Canada, the executive of the South East Clarington Ratepayers Association and the interested parties. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniarv Interest Councillor Foster Councillor MacArthur Councillor Pingle Councillor Robinson Councillor Schell Councillor Trim Mayor Mutton ."j ."j ."j -..; -..; ."j ."j . . . Council Minutes BY-LAWS - 22- September 27, 2004 Resolution #C-495-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-207 to 2004-212 inclusive, and that the said by-laws be now read a first and second time: 2004-207 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, to enter into an agreement for the Bowmanville Community Park Construction (Report COD-048-04) 2004-208 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Applicant: John Hill/Remax Spirit)(PSD-112-04) 2004-209 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Applicant: Mearns East Developments Inc.)(PSD-113-04) 2004-210 being a by-law to exempt a certain portion of Registered Plan 40M-2202 from Part Lot Control (Applicant: Mearns East Developments Inc. )(PSD-113-04) 2004-211 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Applicant: Viveca Rupa )(PSD-115-04) 2004-212 being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Regional Updates Boards and Committees Updates - 23 - September 27,2004 Resolution #C-496-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-207 to 2004-212 inclusive, be approved. "CARRIED" Councillor Schell attended the Ground Water Festival, Oshawa which educates over 5,000 children about water. He commended CLOCA and Ontario Power Generation, Darlington, for the tremendous amount of work and sponsorship to make this event successful. Councillor Trim attended the Regional Retirement and Employee Long Service Awards on September 24, 2004; some staff members of the Municipality of Clarington were in attendance to receive some awards. Also, on September 10, 2004 he attended Lakeview Manor, Beaverton, for the "Ground breaking" of a new long term care facility to accommodate 149 beds. Mayor Mutton congratulated the Regional Municipality of Durham on their "Triple AAA" credit rating; each municipality plays a large role in this accomplishment. Councillor Foster attended the Annual meeting for Friends of the Second Marsh. He commended this group for their ongoing education support. Futhermore, Councillor Foster advised that Ron Collis, Clarington Business Group, will be donating his time in conjunction with the Business Community in the selection of the Award. Councillor Pingle informed Council that the Ontario Power Generation obtained the necessary licence for used fuel storage which will commence in May 2007. The Mayor's Office and Emergency Services will be notified of the upcoming audit security exercises that will be completed by the end of the year. She attended the "Women on Course" golf tournament and commended . . . Council Minutes OTHER BUSINESS - 24- September 27,2004 Archibald Orchards & Estate Winery Ltd., local business and the Municipality of Clarington for their donations in support. In closing, Council Pingle stated pictures are available of the annual "Family Safety Day" held on September 25, 2004. Councillor Robinson congratulated the BIA on their efforts which contributed to the success of the Orono Chili Cook-off held on September 25, 2004. Lastly, he invited Council and staff to attend the Halloween Dance which will be held on October 30, 2004 at the Newcastle Community Hall; proceeds will be directed towards the renovations of the washroom. Councillor Schell stated the contractors performing the renovations for the Downtown Streetscape - Bowmanville have been very accommodating and on schedule. Unfortunately, the lighting will not be entirely completed in time for the Downtown Applefest- October 16, 2004. Resolution #C-497-04 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the meeting be "closed" to consider the Confidential verbal report of the Solicitor regarding a property matter. "CARRIED" Resolution #C-498-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT the actions taken at the "closed" meeting, be ratified. "CARRIED" . . . Council Minutes - 25 - September 27, 2004 CONFIRMING BY-LAW ADJOURNMENT Councillor Foster disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-499-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT leave be granted to introduce By-law 2004-213 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of September 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-500-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the third and final reading of By-law 2004-213 be approved. "CARRIED" Resolution #C-501-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 9:25 p.m. "CARRIED"