HomeMy WebLinkAbout09/07/2010 Special
Special Council Meeting Minutes
SEPTEMBER 7, 2010
Minutes of a special meeting of Council held on September 7, 2010, at 9:30 a.m. in
the Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella, attended until 9:50 a.m.
Director of Community Services, J. Caruana, attended until 9:50 a.m.
Director of Operations, F. Horvath, attended until 9:50 a.m.
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano, attended until 9:50 a.m.
Director of Finance/Treasurer, N. Taylor, attended until 9:50 a.m.
Director of Emergency Services/Fire Chief, G. Weir, attended
until 9:50 a.m.
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
DELEGATIONS
There were no delegations scheduled for this meeting.
Council Meeting Minutes - 2 - September 7, 2010
COMMUNICATIONS
Resolution #C-348-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 1 be approved as per the agenda.
“CARRIED”
D - 1 Faye Langmaid, Acting Director of Planning Services, writing to Jim Chan,
Project Manager, 407 East Transportation Corridor Project, providing the
Municipality of Clarington’s Comments on the Comprehensive Study Guidelines
for the 407 East Transportation Corridor Project.
(Correspondence confirmed as the Municipality of
Clarington’s comments on the Comprehensive Study
Guidelines for the 407 East Transportation Corridor
Project)
STAFF REPORT(S)
Confidential Report LGL-003-10 – Ian Hanna v. Her Majesty the Queen in Right of
Ontario Judicial Review Application – O.Reg. 359/09 Motion Seeking Leave to
Intervene
Resolution #C-349-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Staff Report #1 - Confidential Report LGL-003-10 – Ian Hanna v. Her Majesty
the Queen in Right of Ontario Judicial Review Application – O.Reg. 359/09 Motion
Seeking Leave to Intervene be referred to the end of the Agenda to be considered
during a “closed” session of Council.
“CARRIED”
Report PSD-092-10 – Application for Removal of Part Lot Control Applicant: Tyler
Smith/BRN Investments Ltd. – 40M-2038
Resolution #C-350-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report PSD-092-10 be received;
Council Meeting Minutes - 3 - September 7, 2010
THAT the request for Removal of Part Lot Control by Tyler Smith / BRN Investments
Ltd. with respect to Lot 105 on Plan 40M-2038, be approved and that the Part Lot
Control By-law attached to Report PSD-092-10 be passed pursuant to Section 50
(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham
Planning Department; and
THAT all interested parties listed in Report PSD-092-10 and any delegations be
advised of Council's decision.
“CARRIED”
Report PSD-093-10 – Application for Removal of Part Lot Control Applicant:
Halminen Building Corporation – 40M-2265
Resolution #C-351-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-093-10 be received;
THAT the request for removal of Part Lot Control with respect to Lots 16 and 24 of
40M-2265 be approved and that the Part Lot Control By-law attached to Report
PSD-093-10 be passed pursuant to Section 50 (7.1) of the Planning Act and a copy
forwarded to the Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-093-10 and any delegations be
advised of Council's decision.
“CARRIED”
Addendum to Report PSD-117-09 – Revision to Request to Remove 49 & 63 Beaver
Street South from the Municipal Register of Properties of Cultural Heritage Value or
Interest
Resolution #C-352-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Addendum Report to PSD-117-09 be received;
THAT the Municipality authorize the relocation of the heritage homes at 49 and
63 Beaver Street South;
THAT prior to moving the dwellings at 49 and 63 Beaver Street South the Applicant
submit and receive approval of Building Permits to erect the dwellings on alternative
sites within the Village of Newcastle;
Council Meeting Minutes - 4 - September 7, 2010
THAT the cement block dwellings located at 49 and 63 Beaver Street South be
removed from the Municipal Register of properties of cultural heritage value or interest
immediately prior to their relocation;
THAT upon relocation, the cement block dwellings originally located at 49 and
63 Beaver Street South be placed on the Municipal Register of properties of cultural
heritage value or interest; and
THAT all interested parties listed in Addendum to Report PSD-117-09 and any
delegations be advised of Council’s decision.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-353-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report EGD-021-10 be lifted from the table.
“CARRIED”
Resolution #C-354-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report EGD-021-10 be received;
THAT Option #4 contained in Report EGD-021-10, Installation of a ditch on the west
side of Church Street and on the north side of Regional Road 9, be implemented;
THAT Engineering Services complete the detailed design for Option #4;
THAT construction of the recommended option be completed in 2010 construction
season;
THAT funding for the works be reallocated from the Bowmanville Creek Erosion
Protection budget item, account no. 110-32-340-83234-7401; and
THAT remaining funds from the Bowmanville Creek Erosion Protection account be
carried over to the 2011 Budget and additional funding to complete the work be
considered as part of the 2011 Budget.
“CARRIED”
Council Meeting Minutes - 5 - September 7, 2010
Resolution #C-355-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving advice that is subject to solicitor-client
privilege, including communications necessary for that purpose.
“CARRIED”
The meeting resumed in open session at 9:58 p.m.
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Resolution #C-356-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT, given the concerns expressed by Mr. Hanna and his lawyer regarding possible
unintended effects of the Municipality seeking to intervene in the Judicial Review
Application (e.g. delay) and the possibility of an intervention motion not succeeding,
Resolution #C-337-10 be rescinded.
“CARRIED”
BY-LAWS
Resolution #C-357-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2010-109 and 2010-110;
2010-109 Being a By-law to exempt certain portions of Registered Plan 40M-
2038 from Part Lot Control; and
2010-110 Being a By-law to exempt certain portions of Registered Plan 40M-
2265 from Part Lot Control; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 6 - September 7, 2010
CONFIRMING BY-LAW
Resolution #C-358-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2010-111, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a special meeting held
on the 7th day of September, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-359-10
Moved by Councillor Robinson, seconded by Trim
THAT the meeting adjourn at 10:00 a.m.
"CARRIED"