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HomeMy WebLinkAbout06/26/2006 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. '-" ~lv\~ MAY