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HomeMy WebLinkAbout10/14/2008 Council Meeting Minutes OCTOBER 14,2008 Minutes of a regular meeting of Council held on October 14,2008, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 8:29 p.m. Director of Community Services, J. Caruana, attended until 8:29 p.m. Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 8:29 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:29 p.m. Manager of Community Planning and Design, C. Salazar, attended until 8:29 p.m. Director of FinancelTreasurer, N. Taylor, attended until 8:29 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:29 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 5. Resolution #C-480-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the order of the Agenda be altered to allow for consideration of Correspondence Item D - 6 prior to consideration of Correspondence Item D - 5; and that these matters be referred to a closed session of Council following the Other Information Section of the Agenda. "CARRIED" Council Meeting Minutes - 2 - October 14, 2008 ANNOUNCEMENTS Councillor Novak advised that on Friday she attended the ground-breaking ceremony for the new Durham EMS Station in Courtice and brought greetings from the Municipality. Councillor Hooper announced the following: . On Thursday, October 9, 2008, he attended the Emergency Services Medal Presentation at the Indoor Soccer Facility to recognize Emergency Services personnel for their long-term service to the Municipality. . On October 16, 2008, the Clarington Older Adult's Association will be hosting fiddle champion Scott Woods. Tickets are $20. . The Bowmanville BIA will be hosting the Annual Apple Festival and Craft Sale this weekend. . The Hampton Community Association will be hosting a fall dance on Saturday, October 18, 2008, starting at 8:00 p.m. . On October 25, 2008, Central Lake Ontario Conservation Authority will be dismantling equipment from a bird sanctuary from 9:00 a.m. until 11 :00 a.m. and are looking for volunteers to assist with hauling wood out to the main road. Councillor Foster announced that last Thursday he attended a celebration recognizing Veridian's achievement in attaining two million hours of work time with no lost time accidents and extended congratulations to Veridian on this accomplishment. MINUTES Resolution #C-481-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 29, 2008, be approved. "CARRIED" PRESENTATIONS There were no Presentations introduced under this section of the Agenda. DELEGATIONS Tom McKee was called but was not present. Mr. McKee attended later in the meeting and his delegation was heard at that time. (see page 16). Council Meeting Minutes - 3 - October 14, 2008 COMMUNICATIONS Resolution #C-482-08 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 9 and I - 11 . "CARRIED" I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 9, 2008. I - 2 Minutes of the Clarington Heritage Committee dated September 16, 2008. I - 3 Minutes of the Durham Nuclear Health Committee dated September 12, 2008. I - 4 Minutes of the Central Lake Ontario Conservation Authority dated September 16, 2008. 1-5 Minutes of the Orono Arena Community Centre Board dated October 1, 2008. I - 6 Minutes of the Clarington Museum and Archives Board dated September 10, 2008. I - 7 Allan Hewitt, Library Board Chair, Clarington Public Library, expressing appreciation for the $50,000 support from the Municipality for roof and eavestrough replacement at the Orono Branch Library. I - 8 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on September 22, 2008, the City of Oshawa adopted the following resolution pertaining to parenting events and National Bully Awareness Week: "1. THAT Correspondence CS-08-85 Part 1) dated June 23,2008, from the Finance and Administration Committee be received for information; and, Council Meeting Minutes - 4 - October 14, 2008 2. THAT the information concerning bully awareness programs and requests for support from Jennifer Adamson and Garth Riley be forwarded to the Durham Regional Health and Social Services Committee for information, along with a recommendation that Jennifer Adamson and Garth Riley be invited to provide a presentation of their 'Sticks and Stones May Break My Bones' Character Building Program to the Durham Regional Health and Social Services Committee to increase public awareness; and, 3. THAT CS-08-101 be referred back to staff and Finance Services and Community Services staff meet to develop an anti-bullying campaign for implementation in City facilities, and Garth Riley and Jennifer Adamson be consulted for input; and, 4. THAT the City of Oshawa endorse Garth Riley's and Jennifer Adamson's 'Sticks and Stones May Break My Bones' Character Building Program as a vehicle to address issues of bullying, and further, that area municipalities be so advised." I - 10 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association thanking Council, on behalf of all those who use Mill Street South in Bond Head, for the recent resurfacing of Mill Street South. I - 9 Martin Vroegh, Environment Manager, St. Marys Cement Inc., advising that St. Marys Cement has applied for a Certificate of Approval for a time-limited alternative fuels demonstration project involving the receipt and thermal treatment of alternative fuels and monitoring of the performance of the plant at the Bowmanville Cement Plant; advising of the procedure for transfer, storage and use of the alternate fuel; and advising written comments, concerns or objections are to be submitted to the Environmental Assessment and Approvals Branch, Ministry of the Environment. Copies of the documents are available for viewing at the Ministry office. Resolution #C-483-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item 1- 9 from Martin Vroegh, St. Marys Cement be referred to the Director of Planning Services for an update on the meeting held earlier today, and that a representative of St. Marys Cement be invited to make a presentation to Council at an appropriate date concerning the alternative fuels demonstration project at the Bowmanville Cement Plant. "CARRIED" Council Meeting Minutes - 5 - October 14, 2008 I - 11 W. Michael Fenn, Chief Executive Officer, Metrolinx, advising of the release of the Draft Regional Transportation Plan (RTP) entitled "The Big Move: Transforming Transportation in the Greater Toronto and Hamilton Area" and the Draft Investment Strategy (IS), proposing a new blueprint for transit expansion in the region that will enhance the prosperity, environmental sustainability and quality of life in the GTHA; advising the plans are available at www.metrolinx.com; forwarding a list of public meetings to be held including a meeting on October 28, 2008, at the Heydenshore Pavilion in Whitby; and, indicating that written comments are to be directed to 20 Bay Street, Suite 901, Toronto, ON M5J 2N8 or forwarded electronically to RTP@metrolinx.com. Resolution #C-484-08 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS Metrolinx has issued its draft report THE BIG MOVE: Transforming Transportation in the GTHA with a vision of providing an integrated transportation system that enhances our prosperity, environmental sustainability and quality of life for the predicted 9 million residents and thousands of businesses in the Greater Toronto and Hamilton Area (GTHA) WHEREAS the "eight big moves" are: 1. A fast and frequent and expanded regional rapid transit network. 2. A complete walking and cycling network with bike-sharing programs. 3. An information system for travelers, where and when they need it. 4. A region-wide integrated transit fare system. 5. A system of mobility hubs. 6. Higher-order transit connectivity to the Pearson Airport district from all directions. 7. A comprehensive strategy for good movement. 8. An Investment Strategy to provide stable and predictable funding. WHEREAS the 15 year transit and transportation plan provides for the extension of GO Rail service to Bowmanville and the construction of Highway 407 East Extension; WHEREAS the 25 year transit and transportation plan included no further enhancements to the transportation network in Clarington in the 15 to 25 year timeframe; NOW THEREFORE BE IT RESOLVED THAT the correspondence from W. Michael Fenn, Chief Executive Officer of Metrolinx regarding the upcoming public meetings in Whitby on October 28th be received; Council Meeting Minutes - 6 - October 14, 2008 THAT Metrolinx be commended for preparing an innovative and responsible plan to start addressing the complete transportation requirements of the GTHA; THAT the transportation plan provide for investment in the "905" to achieve more transit supportive communities including areas in their Greenfield phase of development in support of local official plans; THAT the Municipality of Clarington requests that the following adjustments be made to the Regional Transportation Plan: 1. the extension of the rapid transit line along Highway 2/King Street from Oshawa to Bowmanville; 2. the designation of the Bowmanville West Town Centre as a Mobility Hub in the RTP, recognizing the existing planning framework for this area to function as such; 3. clarification of the status of Highway 407 East extension and inclusion of the proposed alignment in the maps; 4. address the timing of the extension of the transitway planned for within the Highway 407 East Extension right-of-way as an easily implemented and cost effective transit corridor; and, 5. incorporate Highway 401 corridor improvements, in particular the interchanges at Waverley Road and Liberty Street, within the 15 year plan. AND THAT this resolution be forwarded to Mr. Rob Mclssac Chair of Metrolinx, Mr. Roger Anderson Regional Chair and member of Metrolinx, Mr. Michael Fenn, Chief Executive Officer of Metrolinx, and the Region of Durham. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-485-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda with the exception of Items D - 5, D - 6 and D - 10 to D - 13, inclusive. "CARRIED" Council Meeting Minutes - 7 - October 14, 2008 D - 1 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, requesting permission to hold the 4ih Annual Community of Bowmanville Santa Claus Parade on Saturday, November 15,2008, beginning at 10:30 a.m.; highlighting the parade route; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; and, thanking all involved for their continued support in making the parade a great success. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Marianne McBride, submitting her resignation, with regret, from the Ganaraska Forest User Committee as she is no longer a resident of Clarington; and, suggesting that Bill Stapleton, an active user of the forest be appointed to the Committee as her replacement. The Ganaraska Forest User Committee, composed of members from Recreation User Groups and from municipalities, meets four times per year to provide the opportunity for user groups and the community to comment on the use of the forest. (Correspondence received with regret and Bill Stapleton appointed to the Ganaraska Forest User Committee) D - 3 Janine Wallace-Rivard, R.C.M., Property Manager, The Nantucket, Durham Condominium Corporation No. 146, proposing alternatives to solve the concerns at the Skateboard Park at the Courtice Complex by either investigating the option of putting a dome over the facility and making it a 'membership facility' or closing the park entirely. She feels the funds and time spent by municipal staff and Durham Regional Police Service could be better used and that an indoor skateboard park would be monitored and provide year-round entertainment. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 8 - October 14, 2008 D - 4 Peter Evans, President, Clarington Older Adult Association Board of Directors, advising that they have heard that Durham Community Care will not be moving to the Garnet B. Rickard Complex as previously anticipated and may be seeking to renew their lease at the Beech Centre; reaffirming the Association's request that the Municipality not renew the Durham Community Care and the Lions' Nursery School sub-leases at the Beech Centre as the Association needs more space as a result of membership growth and programming; and, requesting Council recognize that the Clarington Older Adult Association does not have the option of moving to another location in Clarington. (Correspondence referred to the Director of Corporate Services) D - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham writing to the Honourable Madeleine Meilleur, Minister of Community & Social Services advising that on September 17,2008, the Region of Durham adopted the following resolution pertaining to Bill 94: Social Assistance Statutes Law Amendment Act (Registered Disability Savings Plans): "a) THAT Durham Region Council supports Bill 94; b) THAT staff be directed to write a letter to the Minister of Community and Social Services indicating such support, and attaching a copy of Report #2008-A-43; and c) THAT a copy of the letter and Report #2008-A-43 be forwarded to the Premier of Ontario, Durham's MPPs, area municipalities and area Accessibility Advisory Committees." (Correspondence referred to the Clarington Accessibility Advisory Committee) D - 8 Alfred Frendo-Cumbo requesting a meeting with Members of Council and Municipal staff to resolve parking by-law enforcement issues on Kingsview Court; requesting disclosure of the individuals involved in the complaints and copies of existing by-laws; advising he will not park his truck in his driveway after October 4, 2008, until the issue is resolved; and, advising that he feels the complaints are malicious and vexatious in nature, and that enforcement should not be biased but enforced in a non-discriminatory manner. (Correspondence referred to the Municipal Clerk) Council Meeting Minutes - 9 - October 14, 2008 D - 9 Marvin and Kathy Stapleton, advising of their intention to demolish their farmhouse at 2100 Stapleton Road and to replace the home with a Royal Home which requires the issuance of a building permit and a signed contract with Royal Homes by November 30, 2008, to guarantee delivery by June 30,2009; acknowledging that the Municipality requires a letter of undertaking and a $25,000 deposit as security in case of default on the demolition, but requesting that the Municipality accept an irrevocable letter of credit from their bank as security in this case; and that the by-law requiring the deposit be rewritten to accommodate average taxpayers to accept irrevocable letters of credit in lieu of cash. (Correspondence referred to the Director of Engineering Services) D - 10 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on September 22, 2008, the City of Oshawa adopted the following resolution pertaining to the Ontario Poverty Reduction Strategy: "WHEREAS the 25-in-5 Network has declared that 'We believe in a poverty-free Ontario. A place where everyone can live in dignity and enjoy a good standard of living'; and, WHEREAS the 25-in-5 Network is holding a 2-week awareness campaign across the Province from October 13 to October 24, 2008 to promote a poverty-free Ontario; THEREFORE BE IT RESOLVED THAT the City of Oshawa endorses the following: '25-in-5 Founding Declaration setting out three priorities for a Poverty Reduction Strategy: 1. good, sustaining jobs that lift working Ontarians out of poverty; 2. liveable incomes that adequately support those unable to work; and, 3. strong and supportive communities affordable housing, child care, public education and community programs that help people connect.' AND THAT the municipalities of Durham Region, and the Region of Durham be asked to endorse this declaration." Council Meeting Minutes - 10- October 14, 2008 Resolution #C-486-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the City of Oshawa with respect to the Ontario Poverty Reduction Strategy be endorsed. "CARRIED" D - 11 Louise Gartshore, City Clerk, City of Woodstock, advising Council that on October 2, 2008, the City of Woodstock adopted the following resolution pertaining to support of Provincial Sales Tax Exemption for Police Services: "That Council hereby resolves that the Government of Ontario provide full exemption of provincial sales tax on goods and services for Ontario Police Services similar to the GST exemption. And further that Council hereby resolves that the Government of Ontario provide the same exemption for annual licence fees for municipal police vehicles as provided to the Ontario Provincial Police and to fire vehicles. And further that a copy of this resolution be forwarded to all municipalities seeking support for the sales tax exemption." Resolution #C-487 -08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the City of Woodstock with respect to Support of Provincial Sales Tax Exemption for Police Services be endorsed. "CARRIED" D - 12 Township of Greater Madawaska advising Council that the Township of Greater Madawaska adopted the following resolution pertaining to a review of the Municipal Property Assessment Corporation operations: "WHEREAS the Province is initiating a modified version of the existing property assessment program in 2009 for the purpose of assessing residential, commercial and industrial properties in the province and; Council Meeting Minutes - 11 - October 14, 2008 WHEREAS it has been demonstrated that a system of property assessment that sets the value of the property at the time of sale, annually adjusted for the Cost of Living, is much more fair to residents of Ontario than the current system and; WHEREAS the current system of assessment is driven by market rates which is inherently inequitable, particularly in communities with significant waterfront property and; WHEREAS the current system of assessment unfairly targets waterfront properties with disproportionate assessments and; WHEREAS property assessment increases of 40 to 70 percent unfairly impact on seniors, fixed & low income persons and persons less able to absorb such increases and; WHEREAS the current system unfairly places a burden on individuals by not enabling them to anticipate huge increases in assessment and; WHEREAS the current assessment system rewards owners who don't maintain their properties and; WHEREAS the procedures used for assessment of commercial properties does not consider the amount of investment in the enterprise, particularly where the business does not have any buildings associated with it and; WHEREAS the assessment process does not enable MPAC to properly assess unusual business ventures, such as motor sport race tracks, and; WHEREAS the current system of assessment for commercial properties does not take into consideration the business impact on the infrastructure of the municipality, thereby unfairly transferring costs to residential taxpayers and; WHEREAS the current system of assessment is 6 to 8 months behind on new properties being added to the assessment roles and; WHEREAS MPAC continually seems to be reducing staff in regional offices in favour of placing emphasis on head office operations and; Council Meeting Minutes - 12 - October 14, 2008 WHEREAS the complex system of property assessment currently used in Ontario promotes a huge organization of staff costing approximately $150 million annually which could be better utilized to address infrastructure issues faced by all municipalities, property owners and the province and; WHEREAS the present system of assessment results in redistributing of taxes rather than a sound basis for all taxpayers to share fairly in taxes or tax increases (that is tax payer receive significant increases while others have their taxes reduced); NOW THEREFORE BE IT RESOLVED THAT: The Township of Greater Madawaska petitions the Province of Ontario to review the Municipal Property Assessment Corporation operations regarding service to the residents of Ontario and further; That the Township of Greater Madawaska petitions the Province of Ontario to review the property assessment model with a view to implementing a system that sets the value of the property at the time of sale, then fixes the price, with annual COLA adjustments until the next sale of the property and further; That this resolution be circulated to all MPP's, to the Association of Municipalities of Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario, the Municipal Finance Officer's Association, the County of Renfrew, all Renfrew County Municipalities and all municipalities in Ontario for consideration and support and further; That all municipalities discussing this resolution inform us of their support. Resolution #C-488-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Township of Greater Madawaska with respect to a review of the Municipal Property Assessment Corporation operations be received for information. "CARRIED" Council Meeting Minutes - 13 - October 14, 2008 D - 13 Kathi Maskell, Mayor, Town of Hanover, advising Council that on September 29,2008, the Town of Hanover adopted the following resolution pertaining to Fairness for Ontario and Investment in Communities: "WHEREAS the Town of Hanover is an Ontario municipality greatly impacted by successive Federal Governments' lack of fairness towards Ontario and the economic imbalance that has developed amongst the Provincial partners; AND WHEREAS the Town of Hanover fully endorses the efforts of Premier McGuinty, the Ontario Chamber of Commerce and AMO on behalf of all Ontario Municipalities, to achieve fair and equitable treatment from our Federal partners; AND WHEREAS the people of Ontario currently have an opportunity to voice their concerns to all Federal parties and/or their respective riding candidates leading up to the October 14, 2008 Federal election; AND WHEREAS all Ontarians should be extremely concerned with the lack of fairness and equal treatment extended to the Province of Ontario, and the enormous impacts that unfairness has on the Ontario economy and services provision; THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Hanover calls upon all Federal Party Leaders to explain to Ontario's citizens how, if they were elected, they would bring fairness to Ontario through the funding of Employment Insurance, Equalization Payments, Infrastructure, Regional Economic Development, Job Loss, Housing & Homelessness and Immigration; AND FURTHER THAT copies of this resolution be forwarded to all Federal Government Party Leaders, Ontario Premier Dalton McGuinty, all Federal election candidates in the riding of Bruce-Grey- Owen Sound, the Association of Municipalities of Ontario (AMO), Bill Murdoch M.P.P, Bruce-Grey-Owen Sound and all Municipalities in the Province of Ontario." Council Meeting Minutes - 14 - October 14, 2008 Resolution #C-489-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Town of Hanover with respect to fairness for Ontario and investment in communities be received for information. "CARRIED" COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report October 6, 2008 Resolution #C-490-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of October 6, 2008 be approved, with the exception of Items #6, #14 and #22. "CARRIED" Item #6 Resolution #C-491-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-099-08 be received; THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be approved and that the by-law as contained in Attachment 4 to Report PSD-099-08 be passed; THAT the Planning Services Department examine whether any changes are required to the Official Plan with respect to commercial recreational vehicles storage area uses outside of Industrial Areas in the Muncipality of Clarington and report back to the Committee in four weeks; THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas continue to be reviewed and an additional public meeting be scheduled; and THAT all interested parties listed in Report PSD-099-08 and any delegations be advised of Council's decision. "SEE FOLLOWING MOTION" Council Meeting Minutes - 15 - October 14, 2008 Resolution #C-492-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-099-08 be tabled until the Council meeting of October 27,2008. "CARRIED" Item #14 Resolution #C-493-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Report ESD-014-08 be received; and THAT the Master Fire Plan Update and the presentation of Mr. Claudio Covelli be referred to staff for consideration in the 2009 budget process. CARRIED AS AMENDED LATER IN THE MEETING (See following amending motion) Resolution #C-494-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the foregoing Resolution #C-493-08 be amended by adding the following paragraph: "and that an investigation into the cost/benefit analysis to continue to own or outsource the Dispatching Service be completed in 2009." "CARRIED" Resolution # C-493-08 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster '-/ Councillor Hooper '-/ Councillor Novak '-/ Councillor Robinson '-/ Councillor Trim '-/ Councillor Woo '-/ Mayor Abernethy '-/ /' Council Meeting Minutes - 16- October 14, 2008 Item #22 Resolution #C-495-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-060-08 be received; and THAT staff report back to Council on the results of the negotiations with Denrain International Inc. "SEE FOLLOWING MOTION" Resolution #C-496-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report COD-060-08 be tabled until the Council meeting of November 10, 2008, to allow for further discussion and a complete understanding of the issues around the space requirements at the Garnet B. Rickard Recreation Complex. "CARRIED" DELEGATIONS (cont'd) Resolution #C-497 -08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Tom McKee be heard at this time. "CARRIED" Tom McKee addressed Council concerning Item 6 of Report #1 - Municipality of Clarington General Amendment to Zoning By-law 84-63 regarding recreational vehicle parking and accessory buildings and structures. Mr. McKee questioned the justification for the amendment and what circumstances led to the proposed recommendation. He questioned whether any staff reports had been prepared or whether any surveys had been conducted to justify bringing forth the amendment or whether the issue was advanced as a result of a few complaints received from the public. Mr. McKee indicated he was opposed to the amendment due to its invasive nature and feels that residents have the right to park recreational vehicles on their own property as long as they do not pose a safety issue. Council Meeting Minutes - 17 - October 14, 2008 STAFF REPORT(S} Resolution #C-498-08 Moved by Councillor Novak, seconded by Councillor Woo THAT Report FND-023-08 be received for information. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. UNFINISHED BUSINESS Resolution #C-499-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Addendum to Report CSD-015-08 be received; THAT CSD-015-08 be lifted from the table; and THAT the Community Services Department Strategic Plan be adopted in principle. "CARRIED" Resolution #C-500-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Tom McKee be received for information; THAT a copy of Report PSD-099-08 be mailed to Tom McKee; and THAT he be invited to contact the Planning Services Department if he has any questions regarding the matter. "CARRIED" Council Meeting Minutes - 18 - October 14, 2008 BY-LAWS By-law 2008-169 was withdrawn as a result of the tabling of Report PSD-099-08. Resolution #C-501-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-168 and 2008-170 to 2008-182 inclusive; 2008-168 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Gertrud Tomina) 2008-170 Being a by-law to adopt Amendment No. 65 to the Clarington Official Plan (Prestonvale Heights Limited) 2008-171 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Heights Limited) 2008-172 Being a by-law to authorize entering into an Agreement with the Owners of Draft Plan of Subdivision S-C-2007 -0007, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington, in respect of S-C- 2007 -0007 (Prestonvale Heights Limited) 2008-173 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Municipality of Clarington) 2008-174 Being a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Agreement for Professional Consulting Services between the Municipality of Clarington and Aecom Canada Ltd. 2008-175 Being a by-law to amend the Purchasing By-law 2006-127 2008-176 Being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Veltri Gardens Subdivision) 2008-177 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Veltri Gardens Subdivision) Council Meeting Minutes - 19 - October 14, 2008 2008-178 Being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Newcastle Meadows Subdivision) 2008-179 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Newcastle Meadows Subdivision) 2008-180 Being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and St. Marys Cement Inc. (Canada) to authorize the use of St. Marys' Bowmanville Cement Plant located at 400 Waverley Road South, Bowmanville ON, for fire department training purposes 2008-181 Being a by-law to amend By-law 2007-216 being a By-law to appoint individuals as Parking Enforcement Officers for Private Property 2008-182 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd, Gormley, Ontario, to enter into agreement for the Construction of Aspen Springs Park, Bowmanville, Ontario; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Chief Weir confirmed that the public alerting system was recently tested. He noted however, that all sirens are operational but that some sirens did not sound properly and that further testing will occur in the next few weeks. CORRESPONDENCE FOR DIRECTION (cont'd) D - 6 Confidential Correspondence regarding litigation or potential litigation affecting the municipality. Council Meeting Minutes - 20- October 14, 2008 Mayor Abernethy stated a declaration of pecuniary interest concerning Correspondence Item D - 5 as this matter deals with the compliance audit issue related to the 2006 municipal election. Mayor Abernethy advised he would not be attending that portion of the closed meeting dealing with Correspondence Item D - 5. D - 5 Confidential Correspondence regarding litigation or potential litigation affecting the municipality. Resolution #C-502-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters of litigation or potential litigation affecting the municipality. "CARRIED" The meeting resumed in open session at 8:47 p.m. with Deputy Mayor Novak in the Chair. Deputy Mayor Novak advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two matters were considered and direction was given to staff with respect to Correspondence Items D - 5 and D - 6. CONFIRMING BY-LAW Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-503-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-183, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of October, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 21 - October 14, 2008 ADJOURNMENT Resolution #C-504-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 8:48 p.m. "CARRIED" MAYOR MUNICIPAL CLERK