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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"