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Home My WebLink About08/31/06 (Special Meeting) Council Meeting Minutes August 31, 2006 Minutes of a special meeting of Council held on August 31, 2006, at 10:00 a.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 Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Deputy Clerk Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. DELEGATIONS Anna Bragg addressed Council on behalf of herself and Kevin O’Neil, concerning Report PSD-087-06, Applications to Amend the Durham Region Official Plan, Clarington Official Plan and Zoning By-law to Permit the Expansion of a Mineral Aggregate Operation by 1559300 Ontario Limited (Ron Robinson Ltd.). Anna Bragg stated that although she is aware of numerous proposed changes to the Site Plan and the conclusion of the Peer Review Report she still has reservations involving the increase of truck traffic on Regional Road 20, the cost of road maintenance, the impact on local habitat, and the visual impact on the residents and noise issues. Council Meeting Minutes - 2 - August 31, 2006 Anna Bragg summarized by stating the mineral aggregate operation is important to the growth of the community noting the issue at hand relates to the pit following all the established criteria. In response to a question concerning the condition of Murphy Road up to Regional Road 20, Anna Bragg replied the road is in a washboard condition and breaks up easily. In response to a further question regarding the start up time, Anna Bragg expressed concern with the impact the operating hours could have on the area. Herb Visser, President, Keystone Sand and Gravel addressed Council concerning Report PSD-087-06, Applications to Amend the Durham Region Official Plan, Clarington Official Plan and Zoning By-law to Permit the Expansion of a Mineral Aggregate Operation by 1559300 Ontario Limited (Ron Robinson Ltd.). Herb Visser advised that in 1988, Keystone Sand and Gravel was required to install turning lanes to be used by both their pit and the Kovacs Pit. He noted the owners of the Kovacs Pit, at that time, were not interested in participating in the costs, and to date, they have not paid their share of costs. Herb Visser stated this may be an opportune time to get a financial commitment from Ron Robinson Ltd. In response to a question concerning whether the current owners have been contacted, Herb Visser replied they have been contacted but have responded. Clay Taylor and his Agent were called but were not present. REPORT PSD-087-06 – APPLICATIONS TO AMEND THE DURHAM REGION OFFICIAL PLAN, CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE EXPANSION OF A MINERAL AGGREGATE OPERATION APPLICANT: 1559300 ONTARIO LIMITED (RON ROBINSON Ltd.) Resolution #C-348-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-087-06 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 2005-06) submitted by 1559300 Ontario Limited to expand a mineral aggregate extraction operation; THAT the Regional Municipality of Durham be requested to modify the amendment to the Durham Region Official Plan related to ROPA 2005-06 to only recognize the area proposed to be included in the license issued pursuant to the Aggregate Resources; Council Meeting Minutes - 3 - August 31, 2006 THAT the Ministry of Natural Resources be requested to modify the conditions for the related Aggregate Resources Act license to require that the 30m buffer adjacent to the woodlot in the northeast corner of the subject property be actively managed to encourage the establishment of native plant species; THAT Amendment No. 52 to the Clarington Official Plan as submitted by 1559300 Ontario Limited to permit the expansion of a mineral aggregate extraction operation be adopted as indicated in Attachment 2 to Report PSD-087-06, that the necessary by- law contained in Attachment 3 to Report PSD-087-06 be passed, and further that the amendment be forwarded to the Regional Municipality of Durham for approval; THAT Rezoning Application ZBA 2005-012 submitted by 1559300 Ontario Limited be approved and that the Amendment to By-law 84-63, as amended, and By-law 2005- 109, as amended (Oak Ridges Moraine Conformity By-law), as contained in Attachments 4 and 5 to Report PSD-087-06 respectively, be adopted; THAT the modifications to the proposed Official Plan Amendment as reflected in Amendment No. 52 and the proposed by-laws to amend By-law 84-63, as amended and By-law 2005-109, as amended, be deemed to be minor and consistent with the intent of the proposed Official Plan amendment and rezoning application considered at the statutory Public Meeting, and further that no additional Public Meeting to consider the revised Official Plan amendment and Rezoning Application 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; THAT the Director of Planning Services be authorized to submit comments on behalf of the Municipality of Clarington to the Ministry of Natural Resources in respect of the application submitted by 1559300 Ontario Limited to amend License No. 3202 issued pursuant to the Aggregate Resources Act to permit the proposed expansion of the aggregate extraction operation; THAT a copy of Report PSD-087-06 be forwarded to the Regional Municipality of Durham Planning Department and the Ministry of Natural Resources; and THAT all interested parties, any delegations, the Regional Municipality of Durham Planning Department, and the Ministry of Natural Resources be advised of Council’s decision. “CARRIED” Mayor Mutton requested the Director of Planning Services to refer Herb Visser’s comments regarding the entrance to the Region of Durham. Council Meeting Minutes - 4 - August 31, 2006 Resolution #C-349-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the meeting be “closed” to consider a confidential property matter and a confidential legal matter. “CARRIED” The meeting resumed in “open” session at 11:40 a.m. Resolution #C-350-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” BY-LAWS Resolution #C-351-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-165 to 2006-168, inclusive, and that the said by-laws be now read a first and second time: 2006-165 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle and to repeal By-law 2006-163 (Miller Paving Limited) 2006-166 Being a by-law to Adopt Amendment No. 52 to the Clarington Official Plan (1559300 Ontario Limited – Ron Robinson Ltd.) 2006-167 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 (1559300 Ontario Limited – Ron Robinson Ltd.) 2006-168 Being a by-law to amend By-law 2005-109, as amended, being the Municipality of Clarington Zoning By-law for lands within the Oak Ridges Moraine (1559300 Ontario Limited – Ron Robinson Ltd.) “CARRIED” Council Meeting Minutes - 5 - August 31, 2006 Resolution #C-352-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-165 to 2006-168, inclusive, be approved. “CARRIED” CONFIRMING BY-LAW Resolution #C-353-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-169 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting st held on the 31 day of August, 2006, and that the said by-law be now read a first and second time. “CARRIED” Resolution #C-354-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-169 be approved. “CARRIED” OTHER BUSINESS Councillor Trim announced that the Municipality of Clarington was the recipient of the Best Feature Garden Award 2006 from the Canadian National Exhibition (CNE) Garden Show noting the garden was designed especially for display at the CNE. Councillor Trim acknowledged partners Bloom Field Farm, Birk’s Landscaping and Brooklin Concrete and congratulated staff for their efforts in winning the award. '-" ~ "-" Council Meeting Minutes - 6 - August 31,2006 ADJOURNMENT Resolution #C-355-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the meeting adjourn at 11 :41 a.m. ~u~ MAYOR