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Council Meeting Minutes
June 26, 2006
Minutes of a regular meeting of Council held on June 26, 2006, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Executive Director to the Mayor, L. Bruce (attended until 7:20 p.m.)
Director of Engineering Services, T. Cannella (attended until
8:40 p.m.)
Director of Community Services, J. Caruana (attended until
8:40 p.m.)
Manager of Communications and Marketing, J. Cooke (attended until
7:40 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 8:40 p.m.)
Community Co-ordinator, H. Keyzers (attended until 7:20 p.m.)
Director of Corporate Services, M. Marano (attended until 8:40 p.m.)
Director of Finance/Treasurer, N. Taylor
Fire Chief, G. Weir (attended until 8:40 p.m.)
Administrative Assistant to the Clerk, C. Fleming (attended until 8:40 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
Council Meeting Minutes - 2 - June 26, 2006
MINUTES
Resolution #C-317-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on June 12, 2006, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Mutton welcomed students, parents and the public to the presentation of the
Fifth Annual “Awards for Academic Excellence”. He stated the awards program,
established in 2001, recognizes elementary and secondary school students from
Clarington who have demonstrated academic excellence combined with a
commitment to leadership and community services. Mayor Mutton provided a brief
synopsis of the awards program which consists of a permanent plaque for each of the
participating schools and a personal plaque for each recipient. He advised in addition,
secondary school students being recognized receive a $100 bursary to further their
post-secondary education.
Linda Bruce, Executive Director to the Mayor, stated a graduation ceremony was held
last week and Leah Hauch, Durham Christian High School was presented with her
plaque at the ceremony.
Linda Bruceacknowledged the following students who were unable to attend tonight’s
Council meeting due to family commitments or conflicting schedules with their school
graduation ceremonies and who had previously received their awards:
Kellee Stephens - M.J. Hobbs Senior Public School
Devin Brooks - Bowmanville Senior Public School
Rebecca Pickell - Good Shepherd Elementary School
Brittany McDonnell - Clarke High School
Christine Carter - John M. James Public School
Matthew DeMille - St. Stephen’s Elementary School
Mayor Mutton congratulated this year’s recipients and presented plaques to the
following graduating students from Clarington Elementary Schools:
Meghan Savoie - Courtice North Public School
Kelly Nelson - St. Elizabeth Elementary School
Jaime Elcome - St. Francis of Assisi Elementary School
Elizabeth Savage - The Pines Senior Public School
Dalise Bernett - St. Joseph’s Elementary School
Council Meeting Minutes - 3 - June 26, 2006
Victoria Singh - Lydia Trull Public School
Stephanie Gayle - Monsignor Leo Cleary Elementary School
Jazmin Holdway - Dr. Emily Stowe Public School
Devin Robinson - Waverley Public School
Alana Trauzzi - Mother Teresa Elementary School
Stephanie Gagnon - S.T. Worden Public School
Jessica Worrall - Dr. G.J. MacGillivray School
Alicia Reis - Harold Longworth Public School
Alivia Veenstra - Knox Christian School
Brittany Arnold - Dr. Ross Tilley Public School
Mayor Mutton congratulated this year’s recipients and presented plaques and
cheques to the following graduating students from Clarington Secondary Schools:
Laura Harris - Bowmanville High School
Rosemary Quinlan - Holy Trinity Secondary School
Ruth O’Connell - St. Stephen’s Secondary School
Rebekah McIntee - Courtice Secondary School
Mayor Mutton advised Gordon Barrie, Senior of the Year Award recipient, was unable
to attend tonight’s meeting and therefore the presentation would be rescheduled in the
fall.
Kiloran German, Ontario Heritage Foundation, addressed Council on behalf of the
Honourable Lincoln M. Alexander, Chair of the Ontario Heritage Foundation to honour
five citizens as part of the Heritage Community Recognition Program. Kiloran German
noted the program, established in 1996, recognizes individuals who have made a
significant contribution to the promotion, preservation or protection of Ontario's
heritage. She acknowledged the outstanding contribution the Municipality of
Clarington has made to heritage preservation through the efforts of the local Municipal
Heritage Committee, the daily activities of Clarington residents who believe in heritage
and through Council’s commitment to heritage.
Kiloran German highlighted the activities and achievements of Robert Shafer, the
award recipient in the category of cultural heritage for his efforts with respect to the
restoration and preservation of the heritage function of the Tyrone Mill. Mr. Shafer
was presented with a framed certificate and an Ontario Heritage Foundation
Achievement Pin.
Kiloran German highlighted the activities and achievements of Irv and Kaye Harrell,
the award recipients in the category of natural heritage for their Hawk Ridge Farm
naturalization project. Irv Harrell was presented with a framed certificate and an
Ontario Heritage Foundation Achievement Pin and also accepted the certificate and
pin on behalf of his wife, Kay Harrell.
Council Meeting Minutes - 4 - June 26, 2006
Kiloran German highlighted the activities and achievements of Tenzin and Norman
Gyalstan, the award recipients in the Built Heritage Category for the refurbishing and
preservation of the Massey building in Newcastle Village, the original industrial
building used by the Massey-Ferguson Company. Mayor Mutton noted Tenzin and
Norman Gyalstan were not in attendance at the meeting and that arrangements would
be made to present them with their award certificates and pins.
Kiloran German credited Mayor Mutton and Members of Council for their leadership
and efforts with respect to heritage preservation and presented all members of
Council with an Ontario Heritage Foundation pin.
Resolution #C-318-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting be “closed” to consider a confidential property matter.
“CARRIED”
The meeting resumed in “open” session at 7:41 p.m.
Resolution #C-319-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the agenda be altered to add Bob Hasiuk and Myno VanDyk to the list of
delegations.
“CARRIED”
Ken Ranny addressed Council questioning when Council plans to pass a by-law
banning all chemicals used as weed killers on lawns and gardens in the municipality
of Clarington. Ken Ranny stated he appeared before Council five years ago to point
out that chemicals in the environment were the cause of most cancers, and noted
since then, evidence has continued to accumulate. Ken Ranny quoted statistics
supporting claims the increase in not only cancer, but Alzheimer’s, Parkinson’s, and
other motor neuron diseases, were arguably the result of chemical pollution. Ken
Ranny urged Council to join with numerous other municipalities who have banned the
use of chemicals on lawns.
Linda Gasser was not in attendance to address Council.
Libby Racansky declined to address Council stating she would forward an e-mail to
the Planning Services Department as an alternative.
Council Meeting Minutes - 5 - June 26, 2006
Virginia Foley addressed Council concerning Report PSD-084-06 – Durham Regional
Official Plan Review – Supplementary Amendment (Part 2) requesting information on
what the plans were for her property.
Mayor Mutton requested the Director of Planning Services to meet with Virginia Foley
to respond to her inquiry.
Tony Wood addressed Council concerning Item # 33 of Report #1 – Development
Charges By-law Amendment (FND-009-06) in opposition to the recommendation to
amend the Development Charges By-law to provide for an exemption for the
construction of new hotel facilities. Mr. Wood stated the Development Charges
By-law was enacted to treat all businesses equally and questioned how the integrity of
the by-law could be maintained if the exemption was approved.
John Buddo addressed Council concerning Item # 33 of Report #1 – Development
Charges By-law Amendment (FND-009-06) in support of the recommendation to
amend the Development Charges By-law to provide for an exemption for the
construction of new hotel facilities. He noted the difficulty in attracting and financing
hotels and highlighted the economic spin-offs that would be realized as a result of a
new hotel facility in Clarington.
Bob Hasiuk, 941807 Ontario Limited, addressed Council in opposition to Item 6 of
Report # 1 (PSD-074-06) concerning an application by the municipality to rezone
property on the south side of South Service Road to bring the zoning of the lands into
conformity with the policies of the Clarington Official Plan. Bob Hasiuk stated he did
not receive proper notification from the municipality of the holding of the public
meeting and was only told of the public meeting by his tenant.
Myno VanDyk, Newcastle Village and District Historical Society, addressed Council
concerning the historical designation of the Walbridge House in Newcastle under the
Ontario Heritage Act. He noted the Newcastle community is very supportive of
preserving the home and highlighted the historical significance of the property. He
noted the Society does not have funding available to purchase the property and
questioned whether Council had explored all avenues to ensure the house was
protected and saved. Myno VanDyk felt procedures should be in place before
developers were allowed to demolish properties. Myno VanDyk stated in July
th
Newcastle will celebrate its 150 Anniversary, and if the Walbridge House was
designated a historical site, it would be another source of pride for the community.
Resolution #C-320-06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
“CARRIED”
Council Meeting Minutes - 6 - June 26, 2006
The meeting reconvened at 8:23 p.m.
COMMUNICATIONS
Resolution #C-321-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the communications to be received for information be approved as per the
agenda, with the exception of Correspondence Item I - 7.
“CARRIED”
I – 1 Minutes of St. Marys Cement Community Relations Committee dated
June 6, 2006.
I – 2 Minutes of the Ganaraska Region Conservation Authority dated
May 18, 2006.
I – 3 Minutes of the Clarington Heritage Committee dated May 16, 2006.
I – 4 Draft Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 14, 2006.
I – 5 Minutes of the Clarington Accessibility Advisory Committee dated
June 1, 2006.
I – 6 Minutes of the Kawartha Conservation dated April 26, 2006.
I – 8 John R. O’Toole, M.P.P., Durham forwarding a copy of his
correspondence to the Honourable Donna Cansfield, Minister of
Transportation advising that Clarington has endorsed the Township of
Essa’s resolution concerning the need to exempt Road Service
Vehicles from the provisions of Section 69(2) of the Highway Traffic
Act prohibiting the use of snow chains and related devices on Ontario
highways to ensure the safe operation of Road Services Vehicles.
I – 9 Minutes of the Clarington Traffic Management Advisory Committee
dated April 20, 2006.
I – 10 Minutes of the Clarington Traffic Management Advisory Committee
dated May 18, 2006.
Council Meeting Minutes - 7 - June 26, 2006
I – 11 Janice Auger Szwarz, Senior Planner, Special Projects Branch,
advising Council that the Municipality of Port Hope endorsed following
resolution concerning the preferred option for the Port Granby Project:
“WHEREASthe Environmental Assessment Study Report (EASR) for
the Port Granby Project prepared by the Low Level Radioactive Waste
Management Office dated March 2006 ("EASR"), has concluded that
the Qualified Concept for the Port Granby Project will not create any
significant adverse effects on the natural, socio-economic and human
health environments, and that it should be submitted to the federal
decision makers as the Preferred Option for the Port Granby Project;
AND WHEREASthe Municipality of Clarington's Peer Review Team
and staff advised Clarington Council that the EASR provides a
sufficiently comprehensive assessment of the environmental effects of
the Qualified Concept for the Port Granby Project, that the Team
generally agrees with the Study's conclusions, and that the Study is
suitable for submission to federal authorities for further review;
AND WHEREASthe Agreement between the Municipality of
Clarington, the Municipality of Port Hope and Her Majesty the Queen
in Right of Canada represented by the Minister of Natural Resources
dated March 29, 2001 ("Legal Agreement"), as amended, states that a
preferred option will not be. submitted to decision makers without the
written consent of the Municipalities to that option;
AND WHEREASthe Legal Agreement requires both the Municipality of
Clarington and the Municipality of Port Hope to consent to the
preferred option being submitted for the other municipality's project;
NOW THEREFORE BE IT RESOLVED THATCouncil for the
Municipality of Port Hope resolves to hereby give its consent to the
Low Level Radioactive Waste Management Office to submit to Federal
decision makers, the preferred option for the Port Granby Project as
described in the Clarington Staff Report No. PSD-077 -06 considered
by the Clarington General. Purpose and Administration Committee on
June 19, 2006. “
I – 12 Minutes of the Animal Advisory Committee dated June 14, 2006.
I – 13 Meeting Notes of the Port Granby Discussion Group dated
June 7, 2006.
Council Meeting Minutes - 8 - June 26, 2006
I – 14 Bill McLean, Regional Councillor, City of Pickering, forwarding a copy
of his correspondence to the Honourable Donna Cansfield, Minister of
Transportation, advising of a resolution adopted by the City of
Pickering in 2003, requesting the Province to pass legislation to permit
municipalities to enforce speeding on roads within their jurisdiction
through the use of photo radar, and urging the Minister to introduce
this legislation to proactively address the problem of speeding on
residential streets.
I – 15 John Mackle, Director of Education and Secretary-Treasurer,
Peterborough Victoria Northumberland and Clarington Catholic District
School Board, forwarding the Board’s 2004-2005 Annual Report.
I – 7 Rachele Dabraio, Director, Citizenship Branch, Ministry of Citizenship
and Immigration confirming receipt of the Municipality’s nomination of
Gary Polonsky for consideration for the 2005 Order of Ontario and
advising the nomination will be forwarded to the Advisory Council for
review and recommendation later in the year.
Resolution #C-322-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Correspondence Item I – 7 from the Ministry of Citizenship and
Immigration concerning the 2005 Order of Ontario be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-323-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 2 and D - 5 to D - 7, inclusive.
“CARRIED”
Council Meeting Minutes - 9 - June 26, 2006
D – 1 Paul Savage, submitting a petition to ban street sports and stop “youth
group” activity on Foster Creek Boulevard between Edward Street
West and Stanford Court, in the village of Newcastle. Mr. Savage is
also requesting the installation of “No Loitering” signs in the vicinity of
his home. He has been working with the Durham Regional Police on
this matter.
(Petition referred to the Municipal Law
Enforcement Division to work in co-
operation with the Durham Regional
Police Service)
D – 3 Marlene and John Waters forwarding correspondence in opposition to
the Official Plan Amendment and Zoning By-law Amendment regarding
the proposal by Miller Paving Limited to develop an Outdoor Compost
and Wood Waste Processing Facility/Organic Waste Composting
Facility on site Part Lot 27, Concession 1.
(To advise of Council’s decision
regarding Report PSD-082-06)
D – 4 Michael Bowman, Osler, Hoskin & Harcourt, LLP, forwarding
correspondence on behalf of Zellers Inc. in opposition to the
development application by AYT Corporation to permit a large format
retail centre on the north-west quadrant of Highway 401 and
Bennett Road, Bowmanville.
(To advise of Council’s decision
regarding Report PSD-083-06)
D – 2 Jean Graham, Chairperson, Newcastle Lions Club, requesting
th
Council’s support for their 11 Annual ‘Walk for Dog Guides’, a 10 km
fundraising walk through Newcastle on Saturday, October 7, 2006, in
support of Dog Guide Teams to assist the blind, deaf and physically
challenged; and, extending an invitation to members of Council, staff
and the public to participate in the walk.
Resolution #C-324-06
Moved by Councillor Robinson, seconded by Councillor Pingle
th
THAT the request from the Newcastle Lions Club for support of the 11 Annual
‘Walk for Dog Guides’ be approved provided the organizers apply for and obtain
a Road Occupancy Permit from the Engineering Services Department.
“CARRIED”
Council Meeting Minutes - 10 - June 26, 2006
D – 5 Town of Greater Napanee, advising Council that the Town of Greater
Napanee on May 23, 2006, passed the following resolution:
“WHEREAS the Ombudsman commented on the operations of MPAC
in a report issued March 28,2006;
AND WHEREAS the MPAC Report indicated 22 major areas of
concern which included:
1) MPAC has been given a monopoly on the power to assess
properties and thereby establish relative rates of taxation;
2) MPAC has failed to ensure that its assessment decisions
are accurate and fair, and has undermined the integrity of
the Assessment Review Board process through its conduct;
3) The issues of openness and transparency need to be
improved; and,
4) MPAC’S Customer Contact Centre practices need to be
reviewed to ensure property owners have access to those
staff who can address their inquiries;
AND WHEREAS the Provincial Government divested itself of Ontario
Property Assessment to create the non-profit Municipal Property
Assessment Corporation (MPAC) on December 31, 1998;
AND WHEREAS Ontario Municipalities now pay $146,054,000 per
year for assessment upkeep to MPAC on an annual basis and locally
the County will pay $546,144 in 2006 for this service;
NOW THEREFORE the Council of the Town of Greater Napanee puts
forward the following resolution:
THAT the Province of Ontario immediately freeze the base
assessment year for Ontario municipalities at 2005, until such time as
MPAC has reasonably addressed the Ombudsman's concerns so that
municipalities are not forced to pay for services that might be deemed
unreliable or suspect to the general public based on the
March 28, 2006 report issued;
AND FURTHER that MPAC make aformal presentation to Ontario
Municipalities at the August 2006 AMO conference in Ottawa that
outlines MPAC's work plan and timeframes, to deal with all the issues
raised by the Ombudsman;
Council Meeting Minutes - 11 - June 26, 2006
AND FURTHER that should MPAC fail to report to AMO or fail to
comply with their work plan timeframes, that the Province of Ontario
rescind the previous government's decision and bring Property
Assessment back underneath the Ministry of Finance;
AND FURTHER that this resolution be forwarded to all Ontario
Municipalities, Dalton McGuinty, Premier of Ontario,
Leona Dombrowsky, MPP Hastings-Frontenac-L&A,
Debbie Zimmerman, Chair, MPAC Board of Directors; and
Roger Anderson, President, AMO.”
Resolution #C-325-06
Moved by Councillor Trim, seconded by Councillor Pingle
THAT Correspondence Item D – 5 from the Town of Greater Napanee
concerning the Municipal Property Assessment Corporation be received.
“CARRIED”
D – 6 Township of Edwardsburgh/Cardinal, advising Council that the
Township of Edwardsburgh/Cardinal on June 5, 2006, passed the
following resolution:
“WHEREAS “Farmers’ Market Ontario’ (FMO) has released a report
entitled Recommendations to Ensure Food Safety at Ontario’s
Farmers Markets which was used by the Ministry of Health and Long-
Term Care (MOHLTC) in developing the draft regulations relating to
farmers’ markets which legislation has been placed ‘on hold’ over the
summer of 2006 to allow the FMO to test the rules set out in the draft
legislation;
WHEREAS the MOHLTC has not released the draft legislation to the
general public and the local Health Unit has also refused to release the
document;
NOW THEREFORE BE IT RESOLVED that the Council of the
Township of Edwardsburgh/Cardinal requests the Minister of Health
and Long-Term Care to place a moratorium on legislative changes that
would alter the current social and cultural make-up of Ontario’s farmers
markets, church suppers, bazaars, teas, pot-luck suppers, and other
similar community social and fundraising events.
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the MOHLTC and to AMO for distribution to AMO
members.”
Council Meeting Minutes - 12 - June 26, 2006
Resolution #C-326-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the resolution of the Township of Edwardsburg/Cardinal regarding food
safety at Ontario’s Farmers Markets be endorsed by the Council of the
Municipality of Clarington; and
THAT a copy of the resolution be forwarded to the Clarington Agricultural
Advisory Committee.
“CARRIED”
D – 7 Jerry Ouellette, M.P.P., Oshawa, forwarding a copy of Bill 55, his
Private Member’s Bill, the Motor Vehicle Origin and Component
Disclosure Act, 2005, which if passed, will require the disclosure of the
country of origin and the components of motor vehicles sold in Ontario
and requesting Council’s comments on the proposed Bill.
Resolution #C-327-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Bill 55, the Motor Vehicle Origin and Component Disclosure Act, 2005, be
endorsed by the Council of the Municipality of Clarington.
“CARRIED”
MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report – June 19, 2006
Resolution #C-328-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT the General Purpose and Administration Committee Report of June 19, 2006 be
approved, with the exception of Items #14, #33 and #36.
“CARRIED”
Council Meeting Minutes - 13 - June 26, 2006
Item #14
Resolution #C-329-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Item #14 of Report #1 concerning applications to amend the Durham Regional
Official Plan, Clarington Official Plan and Zoning By-law to permit the establishment of
an organic waste composting and wood waste processing facility be referred to the
end of the agenda to be considered during a “closed” session of Council.
“CARRIED”
Item #33
Resolution #C-330-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the Addendum to Report FND-009-06 be received;
THAT Report FND-009-06 be tabled;
THAT based on a review of S10(2) of the Development Charges Act, there is no need
to alter or amend the Development Charges Background Study, May 2005, prepared
by Hemson Consulting Ltd.;
THAT the proposed modification to the Development Charges By-Law be deemed to
be minor and consistent with the intent of the amendment to the By-law considered at
the statutory public meeting and further that no additional public meeting to consider
the amendment is required;
THAT the exemption provided for in the amendment to the By-Law be effective on
July 1, 2006; and
Council Meeting Minutes - 14 - June 26, 2006
THAT the By-Law attached to the Addendum to Report FND-009-06 amending the
Development Charges By-Law 2005-108 be recommended to Council for enactment.
“MOTION CARRIED ON THE
FOLLOWING RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Item #36
Resolution #C-331-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item #36 of Report #1 concerning actions taken at the closed General Purpose
and Administration Committee meeting of June 19, 2006, be referred to the end of the
agenda to be considered during a “closed” session of Council.
“CARRIED”
Report #2 – FND-011-06 – 2006/2007 Insurance Program
Resolution #C-332-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report FND-011-06 be received; and,
THAT the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan
Company for an integrated pooling arrangement that includes integrated insurance
coverages and common self retention deductible levels for the period July 1, 2006 to
June 30, 2007 at an approximate cost to Clarington of $614,190 be approved.
“CARRIED”
Council Meeting Minutes - 15 - June 26, 2006
Report #3 - CL2006-8, Bowmanville Waterfront Trail and Pedestrian Bridge
Resolution #C-333-06
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report COD-043-06 be received;
THAT Rutherford Contracting Limited, Gormley, Ontario with a total revised bid in the
amount of $222,602.42 (Plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2006-8, be awarded the contract for
the Bowmanville Waterfront Trail and Pedestrian Bridge as required by the
Engineering Department;
THAT funds required in the amount of $357,000.00 ($222,602.42 revised tender, plus
design, administration, contingencies, benches and garbage receptacles) be drawn
from Engineering 2005 Capital Account #110-32-325-83280-7401 (Including
$107,000.00 from Canada / Ontario Infrastructure Program; and
THAT the By-law attached to Report COD-043-06 marked Schedule “A” authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Report #4 – Confidential Property Matter
Resolution #C-334-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-086-06 be referred to the end of the agenda to be considered
during a “closed” session of Council.
“CARRIED”
Report #5 – Verbal Report of the Director of Planning Services concerning a
Confidential Property Matter
Report #6 – Verbal Report of the Chief Administrative Officer and Solicitor concerning
a Confidential Legal Matter
Resolution #C-335-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Reports #5 and #6 be referred to the end of the agenda to be considered during
a “closed” session of Council.
“CARRIED”
Council Meeting Minutes - 16 - June 26, 2006
UNFINISHED BUSINESS
Resolution #C-336-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the delegation of Ken Ranney be referred to the Director of Operations to bring
forward a report addressing best practices and the Municipality’s past practices; and
THAT a copy of this resolution be forwarded to the Healthy Communities Committee.
“CARRIED”
Resolution #C-337-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT the delegation of Rob Hasiuk be referred to the Planning Services Department
and the Municipal Clerk’s Department.
“CARRIED”
Resolution #C-338-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the delegation of Myno VanDyk be referred to the Planning Services
Department.
“CARRIED”
OTHER BUSINESS
Councillor Schell highlighted the success of the recent ‘Relay for Life’ fundraising
event, an overnight event designed to celebrate survivorship and raise money for
research and programsin support of the battle against cancer.
Councillor Robinson informed Council of the acquisition of defibrillators for the
Newcastle Arena and the Orono Arena and extended appreciation to the Ontario
Power Generation, Mosport International Raceway, the Orono Fire Fighters and Old
Timers for their generous contributions.
Councillor Trim congratulated staff on the successful opening last week of the Pearce
Farm Park in Newcastle and extended an invitation to all to join the festivities this
th
weekend for the kick-off of the 150 Anniversary celebrations in Newcastle.
Council Meeting Minutes - 17 - June 26, 2006
Councillor Pingle informed Council that she and Chief Weir attended ‘Survivors Day’
yesterday, a celebration sponsored by the base hospital to recognize victims of
cardiac arrests that have been resuscitated with the use of public access defibrillators
and to honour emergency services personnel. She noted the Clarington Emergency
and Fire Services Department was well represented at the event.
Mayor Mutton advised tonight’s meeting was the last regularly-scheduled meeting for
Clarington Council until September and extended best wishes to the community for a
safe summer.
Resolution #C-339-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be “closed” to consider Items #14 and #36 of Report #1,
Confidential Report PSD-086-06 regarding a property matter, a verbal report from
the Director of Planning Services concerning a confidential property matter and a
verbal report of the Chief Administrative Officer and the Solicitor concerning a
confidential legal matter.
“CARRIED”
Resolution #C-340-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the actions taken during the “closed” session of Council be ratified.
“CARRIED”
Item #14 of Report #1
Resolution #C-341-06
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report PSD-082-06 be received;
THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington has no objection to the approval of the application to amend the Durham
Region Official Plan (ROPA 2005-05) submitted by Miller Paving Limited to establish
an organic waste composting and wood waste processing facility, and that the
Municipality requests that the amendment to the Official Plan limit the permitted
accessory uses to the bulk wholesale of compost and other materials produced on-
site;
Council Meeting Minutes - 18 - June 26, 2006
THAT Amendment No. 49 to the Clarington Official Plan to permit the establishment of
an organic waste composting and wood waste processing facility as proposed by
Miller Paving Limited be adopted as indicated in Attachment 4 to Report PSD-082-06,
that the necessary by-law contained in Attachment 5 to Report PSD-82-06 be passed,
and further that the amendment be forwarded to the Regional Municipality of Durham
for approval;
THAT Rezoning Application ZBA 2005-027 submitted by Miller Paving Limited be
approved and that the Amendment to By-law 84-63, as amended, as contained in
Attachment 6 to Report PSD-082-06, be adopted;
THAT the modifications to the proposed Official Plan Amendment as reflected in
Amendment No. 49 and the proposed by-law to amend Zoning By-Law 84-63, as
amended, be deemed to be minor and consistent with the intent of the proposed
Official Plan amendment and rezoning applications considered at the statutory Public
Meeting, and further that no additional Public Meeting to consider the revised Official
Plan amendment and Rezoning Applications is required;
THAT the By-laws to remove the Holding (H) symbols be forwarded to Council at such
time as the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan
including the execution of a site plan agreement and the transfer of a woodlot
conservation easement in favour of the Municipality and that the by-law to remove the
(H) symbol for the “future compost pad” as shown on Attachment 1 to Report
PSD-082-06 not be passed until such time as Council is satisfied that all operational
issues, including noise, odour and dust, have been shown to be satisfactorily
addressed for the first phase and will not be further impacted as a result of adding the
second phase;
THAT a Community Relations Committee be formed;
THAT a copy of Report PSD-082-06 be forwarded to the Regional Municipality of
Durham Planning Department; and
THAT all interested parties, any delegations, and the Regional Municipality of Durham
Planning Department be advised of Council’s decision.
“CARRIED”
Item #36 of Report #1
Resolution #C-342-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the actions taken at the closed meeting be ratified.
“CARRIED”
-Being a
Council Meeting Minutes - 19 - June 26, 2006
BY-LAWS
Resolution #C-343-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-135 to 2006-163, inclusive, and
that the said by-laws be now read a first and second time:
2006-135 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Gill Sisters Limited)
2006-136 Being a by-law to adopt Amendment No. 53 to the Clarington
Official Plan (Central Lake Ontario Conservation Authority)
2006-137 law to amend By-law 84-63, the Comprehensive Zoning By-law for the
former Town of Newcastle (Central Lake Ontario Conservation
Authority)
2006-138 Being a by-law exempt a certain portion of Registered Plan 40M-
2171 from Part Lot Control (Waverly Road Properties Inc)
.
2006-139 Being a by-law to appoint individuals as Parking Enforcement
Officers for Private Property
2006-140 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Samson Management &
Solution Ltd., Toronto, Ontario, to enter into agreement for the
Enniskillen Fire Station Addition
2006-141 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Aloia Bros. Concrete
Contractors Ltd., Toronto, Ontario, to enter into agreement for the
Sidewalk Rehabilitation, Various locations and Sidewalk
Construction, Highway #2 and Green Road
2006-142 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hard-Co Construction Ltd,
Whitby, Ontario, to enter into agreement for the Baldwin Street
and Church Street Reconstruction, Newcastle, Ontario
Council Meeting Minutes - 20 - June 26, 2006
2006-143 Being a by-law authorize a contract between the Corporation of
the Municipality of Clarington and Miwel Construction Ltd.,
Stouffville, Ontario, to enter into agreement for the Temperance
Street and Lowe Street, Bowmanville, Reconstruction
2006-144 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Harnden & King Construction
Inc., Ajax, Ontario, to enter into agreement for the Asphalt
Resurfacing, Various Streets
2006-145 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Dynex Construction Ltd.,
Concord, Ontario, to enter into agreement for the Farewell Creek
Erosion Protection, Courtice Ontario
2006-146 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Dol Turf Restoration Ltd, Bond
Head, Ontario, to enter into agreement for the Football Field,
Community Park, Bowmanville Ontario
2006-147 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Boyle Excavating Ltd.,
Bowmanville, Ontario, to enter into agreement for the COMRIF
Structures - Replacement of The Geo. A. Stephen Bridge, Cedar
Park Road Bridge and Concession Road 6 Culvert
2006-148 Being a by-law to authorize the transfer of an easement shown as
Part 27 and Part 28 of Registered Reference Plan 40R-24250 for
the purpose of constructing and maintaining a stormwater outfall
2006-149 Being a by-law to authorize the execution of the First Amending
Agreement to the Port of Newcastle Subdivision Agreement by its
approval of the recommendations contained in Report EGD-36-06
2006-150 Being a by-law to authorize the execution of the Principles of
Understanding Amending Agreement respecting a portion of the
lands within the Port of Newcastle area (Plan 40M-1984)
2006-151 Being a by-law to authorize the execution of a Servicing
Agreement between the Corporation of the Municipality of
Clarington and Bowmanville Creek Developments Inc. for the
purpose of constructing road and road related improvements on
Baseline Road east of Waverley Road
Council Meeting Minutes - 21 - June 26, 2006
2006-152 Being a by-law toamend By-law 2005-067 to provide for the
maintenance, management, regulation and control of the
cemeteries in the Municipality of Clarington
2006-153 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Phip Limited - The Foley Group)
2006-154 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(St. Stephen’s Estates Subdivision)
2006-155 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(1477677 Ontario Limited – Baywood Homes)
2006-156 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (Penwest
Development Corporation Ltd.)
2006-157 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Pentecostal Church – Courtice Family Worship Centre)
2006-158 Being a by-law to appoint a Municipal Law Enforcement Officer
(Holly Christine Graham)
2006-159 Being a by-law to appoint a Municipal Law Enforcement Officer
(Ashley Joanna Massey)
2006-160 Being a by-law to amend By-law 2005-108, a By-law to impose
development charges against land in the Municipality of Clarington
pursuant to the Development Charges Act, 1997, to provide for an
exemption to development charges fees for new hotel facilities
2006-161 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford contracting Limited,
Gormley, Ontario, to enter into agreement for the Bowmanville
Waterfront Trail and Pedestrian Bridge
2006-162 Being a by-law to adopt Amendment No. 49 to the Clarington
Official Plan (Miller Paving Limited)
Council Meeting Minutes
- 22-
June 26, 2006
........
2006-163 Being a by-law to amend By-law 84-63, as amended, the
Comprehensive Zoning By-law for the Corporation of the former
Town of Newcastle (Miller Paving Limited)
"CARRIED"
Resolution #C-344-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-135 to 2006-163, inclusive, be
approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-345-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-164 being a by-law to confirm the
~ proceedings of the Council of the Municipality of Clarington at this meeting held on the
26th day of June, 2006, and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-346-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-164 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-347 -06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 10:05 p.m.
'-"
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MAY