HomeMy WebLinkAbout11/18/2002
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee
November 18, 2002
Minutes of a meeting of the General
Purpose and Administration Committee
held on Monday, November 18, 2002 at
9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were
Mayor J. Mutton
Councillor D. MacArthur
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Absent:
Councillor P. Pingle (attending Municipal business)
Also Present:
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Pianning Services, D. Crome
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Municipal Clerk, P. L. Barrie
Mayor Mutton chaired this portion of the meeting.
DISCLOSURE OF PECUNIARY iNTEREST
Councillor Schell advised that he would be making a disclosure of
pecuniary interest with respect to Report PSD-120-02.
MINUTES
Resolution #GPA-435-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of the General Purpose and
Administration Committee held on November 4, 2002 be approved.
"CARRIED"
Councillor Trim advised he attended the official opening of the Sears Complex
on Baseline Road in Bowmanville Thursday, November 14, 2002. That same
evening, he attended the 17'h Annual Meeting of the Durham Region
Manufacturers' Association.
Councillor Robinson thanked all the Members of Council and staff who
were present at the reopening of Newcastle Arena on Saturday,
November 16, 2002.
Councillor Schell advised that the 41st Annual Bowmanville Santa Claus
Parade was a resounding success on the weekend.
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PRESENTATION
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DELEGATIONS
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November 18, 2002
(a) Cynthia Strike, Planning Services Department, Municipality
of Clarington made a presentation to Committee on the siting
issues related to telecommunications towers. She advised that
the policy included in Report PSD-116-02 has been prepared for
Committee's review. The problems which the municipality are
experiencing are not unique; in fact the same concerns have
arisen across Canada. Industry Canada, the approval authority
for regulating Telecommunications facilities, ensures that
municipalities are consulted prior to the erection of towers and
significant antennae structures. The policy recommended
provides that the role of the municipaiity is to provide comments
with respect to land use capability through Industry Canada. The
municipality has no constitutional authority to regulate or prohibit
telecommunications facilities. The policy relies on the desire of
the carriers to work with the municipality and avoid situations
where there will be conflict with residents. It requires carriers to
provide a Letter of Undertaking rather than a Development
Agreement which ensures that certain works will be completed
but eliminates the need to register any agreement on title and
reduces the timelines for approval. The municipality's solicitor is
assisting with the preparation of a standard Letter of
Undertaking.
Mayor Mutton presented a certificate of appreciation to Amanda Miller, Student
Page.
Resolution #GPA-436-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Stephen D'Agostino and Glenn Genge be added to the list of delegations.
"CARRIED"
(a) Helena Brasz, 1705 Ovens Road North, Newtonville, LOA 1JO
addressed Council with respect to Report PSD-118-02. Ms. Brasz
indicated that she has the following concerns with the development:
. Increased traffic
. Adequacy of parking in private driveways
. Paved road versus dirt road
. Loss of privacy
. Installation of fencing to keep animals out of her property and
particularly her pond
(b)
Louise Martin, 15 Maple Street, Haydon, L1C 3K2 addressed
Committee with respect to Report PSD-119-02. She stated that a staff
report dated March, 2000 indicated that the development impacts on the
Bowmanville Creek must be evaluated and the extent of the hazard
lands was to be determinated. A Gartner Lee Report dated May, 2002
has shown no net impact on the creek and that no hazard lands are
contained within the proposed lot. In fact, the hazard lands are more
than 6 metres outside the lot.
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DELEGATIONS CONT'D.
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(c)
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November 18, 2002
She asked Committee to consider the scientific studies when reviewing
this mailer. Ms. Martin indicated that "top-of-bank" is not defined in the
municipality's Official Plan and therefore is open to interpretation.
She noted inconsistencies in this determination and questioned why
requirements are more restrictive for this one lot than they were for a
plan of subdivision of four lots in the same area. It is Ms. Martin's
opinion that this application is reasonable and appropriate.
Bev Cochrane, 61 Maple Street, Haydon, L 1 C 3K2 advised prior to the
meeting that she would not be in attendance.
(d)
Robert Martin, 15 Maple Street, Haydon, L1C 3K2 addressed
Committee with respect to Report PSD-119-02 and described what he
felt were inconsistencies in sections 4.1, 4.2, 6, 6.4 and 7 of the report.
Mr. Martin questioned whether all development in the municipality has
been restricted to tableland.
(e)
Linda Gasser, P.O. Box 399, Orono, LOB 1MO addressed Council with
respect to the 407 East Completion Environmental Assessment process.
Ms. Gasser Indicated that she cannot think of a project that has the
potential to impact Durham Region more than Highway 407 will and can't
think of a municipality that would be a more affected than Clarington.
She requested that Committee consider the following:
1) Explore the merits of hiring a Transportation Consultant with
experience in the Environmental Assessment Process to assess the
transportation planning report and to assist in crafting a municipal
position and response to that document as well as to the draft terms
of reference
2) Consider striking a Community Stakeholders Advisory Committee to
provide strategic advice to Council from a community perspective
Ms. Gasser submitted reports from the City of Burlington which illustrates
the process they went through to address the huge volume of information
from the Ministry of Transportation with respect to the Mid Peninsula
Highway.
(f)
Stephen D' Agostino, Thomson, Rogers, Barristers and Solicitors,
Suite 3100, 390 Bay Street, Toronto, M5H 1W2 addressed Committee
with respect to Report PSD-116-02, Policies for New
Telecommunications Antenna and Towers. He advised that the ability to
control the location of towers is dictated by technology, topography and
location of the users. He stated that his client, Telus Mobility, is
attempting to provide two kinds of service ie. basic coverage and
capacity. He indicated that his client listens and responds seriously to
the concerns of municipalities, however, service can be compromised
when the placing of the towers moves from the grid configurations. This
compromise will result in more towers being erected over time in order to
provide the service which is demanded by the customers. He indicated
that the environmental assessment provision applies to everything,
however if the telecommunications companies are operating under four
restrictions they are exempt. Because of this exemption he
recommended to Committee that they assume that the environmental
assessment provisions do not apply to telecommunications companies.
Mr. D'Agostino advised that Section 2a of the proposed policy
recommends colocation on existing towers or structures.
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November 18, 2002
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DELEGATIONS CONT'D.
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PUBLIC MEETING
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By complying with this policy, more towers will be required as alternative
structures cannot colocate. Section 2b of the policy requests distances
be maximized from residential areas, community and institutional uses.
The companies are finding that the residents are the users of the service
and in order for the residents to have use of the service the towers will
need to be located close to them.
Resolution #GPA-437-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the ten minute delegation timeline be extended to allow for Mr. D'Agostino
to complete his delegation.
"CARRIED"
Mr. D'Agostino indicated that other municipalities are finding that the
community and institutional uses such as arenas, soccer pitches and
hospitals are requesting towers to be located in their near vicinity as
users of the facilities are also the users of the telecommunications
services. He stated that the Municipality of Clarington may find that
the protocol will cause problems in the future because of this
requirement. He also stated that the policy provides no provision to
allow for carriers to exempt themselves by making small changes rather
than large ones. Some municipalities have included in their policies that
a percentage increase with colocation can be incorporated rather than
going through the entire process.
(g)
Glenn Genge, D G Biddle & Associates, 96 King Street E., Oshawa,
L 1 H 1 B6 addressed Council with respect to Report PSD-118-02. He
advised that the concerns with the proposal have been adequately
addressed in the report and offered to answer questions of the
Members of Committee.
Resolution #GPA-438-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Committee recess for fifteen minutes.
"CARRIED"
The meeting reconvened at 11: 15 a.m.
Pursuant to the Planning Act, the Council of the Municipality of
Clarington, through its General Purpose and Administration Committee,
is holding a Public Meeting for the following applications:
(a) Rezoning Application
Applicant: Marlene Spruyt
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November 18, 2002
PUBLIC MEETING CONT'D.
The Planning Services Department sent public notice for the combined
rezoning, official plan amendment and subdivision application(s) by first
class mail on or before October 18, 2002 to all property owners within
120 metres of the subject property in accordance to the latest municipal
assessment record. A public notice was also posted on the property in
question.
(a) Report PSD-115-02 - Rezoning Application - The purpose and
effect of the application is to change the zone category of a 0.35 ha
(0.86 acre) property from "Hamlet Commercial Exception (C3-5)
Zone" to an appropriate zone to permit a veterinary clinic.
No one spoke in opposition to or in support of this application.
Glenn Genge, DG Biddle & Associates, 96 King Street E., Oshawa,
L 1 H 1 B6 addressed Committee on behaif of the applicant. He indicated
that the rezoning will be a benefit to the property as the dental and
medical use has moved out of the building. He stated that there will be
no outdoor kennels associated with the veterinary clinic.
PLANNING SERVICES DEPARTMENT
Rezoning Application
Applicant: Marlene
Spruyt
Resolution #GPA-439-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report PSD-115-02 be received;
THAT the rezoning application submitted by D. G. Biddle & Associates
Ltd. on behalf of Marlene Spruyt be approved and the by-law be passed
as contained in Attachment 2 to Report PSD-115-02; and
THAT all interested parties listed in Report PSD-115-02 and any
delegations be advised of Council's decision.
"CARRIED"
Telecommunication Resolution #GPA-440-02
Antenna and Towers
PLN.18.7 Moved by Councillor Rowe, seconded by Mayor Mutton
THAT Report PSD-116-02 be received;
THAT the policies for New Telecommunications Antenna and Towers in
Attachment 1 to Report PSD-116-02 be approved; and
THAT Mr. Alex Shepherd, M.P., Dan McTeague, M.P., Judi Longfield, M.P.
Ivan Grose, M.P., Mr. John O'Toole, M.P.P., Industry Canada, Rogers
AT&T Wireless, Bell Mobility, Microcell, Telus Mobility and
Mr. Stephen D'Agoslino be advised of Council's decision.
"CARRIED"
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November 18, 2002
PLANNING SERVICES DEPARTMENT CONT'D.
Rezoning Appl.
Applicant: Lakeland
Associates LId.
Proposed Draft Plan
Of Subdivision Appl.
Applicant: D.G.
Biddle & Assoc.
Rezoning and Land
Division Committee
Applicant: Louise
and Robert Martin
Resolution #GPA-441-02
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report PSD-117-02 be received;
THAT the rezoning application to amend Comprehensive Zoning By-law
84-63 of the former Town of Newcastle, submitted by Lakeland
Associates, be approved;
THAT the amending By-law attached to Report PSD-117-02 be
forwarded to Council for approval;
THAT a copy of Report PSD-117 -02 and the amending By-law attached
to Report PSD-117-02 be forwarded to the Durham Region Pianning
Department; and
THAT all interested parties listed in Report PSD-117 -02 and any
delegation be advised of Council's decision.
"CARRIED"
Resolution #GPA-442-02
Moved by Councillor Robinson, seconded by Councillor Rowe
THAT Report PSD-118-02 be received;
THAT the application for proposed draft Plan of Subdivision
S-C-2002-001, submitted by D. G. Biddle & Associates on behalf of
1419345 Ontario Limited be approved and that the Director of Planning
Services be authorized to issue Draft Approval, subject to the conditions
as contained in Attachment 2 to Report PSD-118-02;
THAT the Mayor and Clerk be authorized by by-law to execute on behaif
of the Municipality a subdivision agreement with the applicant or any
successor in title at such time as the agreement has been finalized to the
satisfaction of the Director of Engineering Services and the Director of
Planning Services; and
THAT the Region of Durham Planning Department and all other parties
listed in Report PSD-118-02 be forwarded a copy of Report PSD-118-02
and any delegations be advised of Council's decision.
"CARRIED"
Resolution #GPA-443-02
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-119-02 be received;
THAT the Ontario Municipal Board be requested to deny the application
for amendment to Zoning By-law 84-63 and Land Division Committee
Application LD 050/2002, submitted by Louise and Robert Martin, to
permit the development of a detached dwelling on the subject property;
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November 18, 2002
PLANNING SERVICES DEPARTMENT CONT'D.
THAT the Solicitor and Staff be authorized to appear before the Ontario
Municipal Board in support of the above recommendation;
THAT a copy of Report PSD-119-02 and Council's decision be forwarded
to the Region of Durham Planning Department and the Ontario Municipal
Board; and
THAT all interested parties listed in Report PSD-119-02 and any
delegations be advised of Council's decision.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to
Report PSD-120-02; vacated the chair and refrained from discussion and
voting on the subject matter. Councillor Schell indicated that his
employer, SI. Mary's Cement, is mentioned in the report.
Mayor Mutton chaired this portion of the meeting.
Referral NO.5 and Resolution #GPA-444-02
Related appeals to the
Clarington Official Moved by Councillor Trim, seconded by Councillor Rowe
Plan
Confidential
Report - Property
Matter
THAT Report PSD-120-02 be received; and
THAT a copy of the report be forwarded to Central Lake Ontario
Conservation Authority, Ganaraska Region Conservation Authority and
the Kawartha Region Conservation Authority.
"CARRIED"
Resolution #GPA-445-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT the recommendations contained in Confidential Report
PSD-121-02 be approved.
"CARRIED"
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
Trail
Opportunities
Resolution #GPA-446-02
Moved by Councillor Rowe, seconded by Mayor Mutton
THAT Report EGD-49-02 be received; and
THAT a copy of the Report be forwarded to the Ganaraska Region
Conservation Authority and to the Central Lake Ontario Conservation
Authority.
"SEE FOLLOWING MOTIONS"
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November 18, 2002
ENGINEERING SERVICES DEPARTMENT CONT'D.
Monthly Report on
Building Permit
Activity for October,
2002
Resolution #GPA-447-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT the foregoing Resolution #GPA-446-02 be amended by adding the
following thereto:
"THAT staff prepare a further report to address the cost and
responsibility of continued maintenance of our existing trails."
"SEE FOLLOWING MOTION"
Resolution #GPA-448-02
Moved by Mayor Mutton, seconded by Councillor Schell
THAT the foregoing Resolutions #GPA-446-02 and #GPA-447-02 be
tabled to the Council meeting scheduled for November 25, 2002.
"CARRIED"
Resolution #GPA-449-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report EGD-50-02 be received for information.
"CARRIED"
The Director of Engineering Services was requested to prepare
information regarding the cost of the Concession Street construction
versus traditional construction, snowplowing concerns with the
construction and the calming effects incorporated into the construction.
OPERATIONS DEPARTMENT
There were no items considered under this section of the agenda.
Councillor Robinson chaired this portion of the meeting.
EMERGENCY SERViCES DEPARTMENT
Monthly Response
Report
Volunteer Firefighter
Repiacement
Resolution #GPA-450-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report ESD-023-02 be received for information.
"CARRIED"
Resolution #GPA-451-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report ESD-024-02 be received for information.
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"CARRiED"
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G.P. & A. Minutes
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November 18, 2002
COMMUNITY SERVICES DEPARTMENT
CLERK'S DEPARTMENT
Implementation of
New Parking
Enforcement
Equipment
Animal Services
Monthly Report for
Month of October,
2002
Municipal Election
2003
Parking Report
for October, 2002
There were no items considered under this section of the agenda.
Resolution #GPA-452-02
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Report CLD-49-02 be received for information.
"CARRIED"
Resolution #GPA-453-02
Moved by Mayor Mutton, seconded by Councillor Trim
THAT Report CLD-50-02 be received for information; and
THAT a copy of Report CLD-50-02 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
"CARRIED"
Resolution #GPA-454-02
Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT Report CLD-51-02 be received;
THAT the Municipality of Clarington utilize the "Vote by Mail" method of voting for
the 2003 Municipal election; and
THAT, in accordance with Section 42 of Municipal Elections Act, the appropriate
by-law be forwarded to Council for passage.
"CARRIED"
Resoiution #GPA-455-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report CLD-52-02 be received; and
THAT a copy of Report CLD-52-02 be forwarded to the Bowmanville Business
Centre for their information.
"CARRIED"
Appointment of Private Resolution #GPA-456-02
Property Parking
Enforcement Moved by Councillor MacArthur, seconded by Councillor Schell
Officers
THAT Report CLD-53-02 be received;
THAT the By-law attached to Report CLD-53-02 be forwarded to Council for
approval; and
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November 18, 2002
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CLERK'S DEPARTMENT CONT'D.
THAT Securitas Canada, Valiant Property Management, Standard Parking of
Canada Ltd. and Lakeridge Health Centre - Bowmanville be advised of Council's
decision.
"CARRIED"
Appointment of Resolution #GPA-457-02
Operations Staff as
Parking Enforcement Moved by Councillor MacArthur, seconded by Councillor Trim
Officer
THAT Report CLD-54-02 be received;
THAT the By-law attached to Report CLD-54-02 be forwarded to Council for
approval; and
THAT Murray Devitt be advised of Council's decision.
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
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Rink Board
Signs
Co-operative
Agreement - Direct
Purchase of Natural
Gas
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Resolution #GPA-458-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report COD-53-02 be received;
THAT the agreement with Futuresign Multimedia Displays Inc., Aurora,
Ontario, to provide the marketing, sale of space and the production of
Rink Boards at the Garnet B. Rickard Complex, Darlington Arena and
South Courtice Arena be extended for an additional three (3) year term
to commence September 1, 2003;
THAT the By-law marked Schedule "p.;' attached to Report COD-53-02
authorizing the Mayor and the Clerk to execute the necessary agreement
be approved; and
THAT the funds received be credited to the Community Service
Advertising Fees Revenue Account #6400-00102-0000, FORTHWITH.
"CARRIED"
Resolution #GPA-459-02
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report COD-54-02 be received;
THAT the contract extension to AE Sharp Limited be cancelled;
THAT the revised proposed two (2) year contract extension with AE
Sharp Limited for consulting services for the purchase of Natural Gas
with unit prices of .03/GJ for year one and .04/GJ for year two attached
to Report COD-54-02 be approved subject to contract terms being
acceptable to the Durham Purchasing Co-operative; and
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November 18, 2002
CORPORATE SERVICES DEPARTMENT CONT'D.
Co-operative
Tender T02-02
Domestic Fuel Oil
2002/2003
Fair Wage
Schedule
RFP2002-13,
Consulting Services,
Ontario Power
Generation Inc.
THAT the By-law marked Schedule "A" attached to Report COD-54-02
authorizing the Mayor and the Clerk to execute the necessary agreement
be approved.
"CARRIED"
Resolution #GPA-460-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report COD-55-02 be received;
THAT Shell Canada Products with a net unit price in the amount of
$.3778 per litre (including GST), meeting all terms, conditions and
specifications of the Co-operative Tender T02-20 be awarded the
contract to supply and deliver NO.2 Domestic Fuel Oil to the Municipality
of Clarington for the 2002/2003 winter season; and
THAT the funds expended be drawn from the 2002/2003 budget
allocation for heating of facilities.
"CARRIED"
Resolution #GPA-461-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report COD-56-02 be received for information; and
THAT Council confirm its current practice of not utilizing a "Fair Wage
Policy".
"CARRIED"
Resolution #GPA-462-02
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Report COD-57-02 be received;
THAT IER Planning, Research and Management Services, Concord,
Ontario with a total bid in the approximate amount of $73,427.50 (plus
G.S.T.), being the lowest most responsible bidder meeting all terms,
conditions and specifications of Request for Proposal RFP2002-13, be
awarded the contract for the Ontario Power Generation Inc., Used Dry
Fuel Storage Facility, Environmental Assessment, as required by the
Planning Services Department;
THAT the total funds required be drawn from account #1100-00037-X
Ontario Power Generation Environmental Assessment; and
THAT the By-law marked Schedule "A" attached to Report COD-57-02
authorizing the Mayor and the Clerk to execute the necessary agreement
be approved, FORTHWITH.
"CARRIED"
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November 18, 2002
FINANCE DEPARTMENT
Revision to the Resolution #GPA-463-02
Municipal Investment
Policy Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report FND-017-02 be received;
THAT the iong-term investment limit be increased to $30 million and that
Schedule "A" Part 4 attached to Report FND-017-02 be updated to
reflect this increase; and
THAT Schedule "B" Part 5 attached to Report FND-017-02 be updated to
read a quarterly statement of investments outstanding shall be submilted
to Municipal Council.
"CARRIED"
Appointment of
Auditors
Resolution #GPA-464-02
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Report FND-018-02 be received;
THAT the firm of Deloilte and Touche be appointed as the Municipality's
auditors for the 2002 year end audit; and
THAT the by-law attached to Report FND-018-02 be executed by the
Clerk and Mayor.
"CARRIED"
Cash Activity
Report - Third
Quarter 2002
Resolution #GPA-465-02
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report FND-019-02 be received;
THAT in accordance with provision of Chapter M-45, Section 79 (1) of
the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position
of the Municipaiity of Clarington for the third quarter of the year 2002, as
shown on the schedule altached to Report FND-019-02; and
THAT Part "A" of the expenditures for the third quarter of the year be
confirmed.
"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
There were no items considered under this section of the agenda.
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UNFINISHED BUSINESS
Appointment to
Community
Advisory
Committee
Delegation of
Linda Gasser
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Confidential
Legal Malter
OTHER BUSINESS
ADJOURNMENT
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November 18, 2002
Resolution #GPA-466-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the correspondence dated November 8,2002 from Doug
Allingham, Consultant Project Manager, Totten Sims Hubicki, requesting
the municipality's appointment to a Community Advisory Committee for e
the Highway 407 East Completion be received;
THAT Linda Gasser be appointed to represent the Municipality of
Clarington on this Committee; and
THAT Doug A1iingham be advised of Council's decision, FORTHWITH.
"CARRIED"
Resolution #GPA-467-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the delegation of Linda Gasser regarding the 407 East Completion
and Environmental Assessment Process be referred to staff for
preparation of a report to be submilted to Council.
"CARRIED"
Resolution #GPA-468-02
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT the meeting be "closed" for the purpose of addressing a legal
matter.
"CARRIED"
There were no items considered under this section of the agenda.
Resolution #GPA-469-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the meeting adjourn at 12:02 p.m.
"CARRIED"
MAYOR
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