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HomeMy WebLinkAbout09/27/2010 General Purpose and Administration Committee Minutes September 27, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 27, 2010 at 9:30 a.m. in the Council Chambers. 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 Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Director of Emergency & Fire Services, G. Weir Municipal Solicitor, A. Allison Deputy Treasurer, L. Gordon Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest regarding the delegation of William Thrasher as well as Report FND-024-10. Councillor Hooper indicated that he would be stating a pecuniary interest regarding the delegation of William Thrasher as well as Report FND-024-10. - 1 - General Purpose and Administration Committee Minutes September 27, 2010 ANNOUNCEMENTS th Councillor Trim attended the Royal Canadian Legion Branch 178’s 80 Anniversary dinner and evening on Saturday, September 25, 2010. He also attended the opening of the new Port Hope Area Initiative Management Office (PHAIMO) office space on Toronto Street in Port Hope on Thursday, September 23, 2010. Councillor Robinson informed the Committee that the Newcastle Fall Festival will be held on October 1 & 2, 2010. Councillor Novak attended the grand opening of the Holiday Inn Express & Suites Bowmanville on September 23, 2010. Councillor Hooper attended the official opening of the new television broadcasting studio for Channel 12/CHEX TV at 10 Simcoe Street North in Oshawa, on Saturday, September 25, 2010. Councillor Woo attended the Family Safety Day on Saturday, September 25, 2010. He thanked the sponsors and the Emergency Services Department for a successful day. Councillor Trim congratulated staff who were involved in the Family Safety Day. Mayor Abernethy attended the 12th Annual Orono Chili Cook-Off and the 5th Annual Pie Contest on Saturday, September 25, 2010. MINUTES Resolution #GPA-473-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 13, 2010, be approved. CARRIED PRESENTATIONS There were no presentations. - 2 - General Purpose and Administration Committee Minutes September 27, 2010 DELEGATIONS Owen Webster was called, but not present. Jason DiMalta was present regarding an invoice he received for cutting of long grass and weeds. Mr. DiMalta stated that the Municipality cut the lawn, however there was no notification. He stated that his neighbour advised that the By-law Enforcement Officer did not post a notice on the door and the house is vacant and therefore he did not receive the notice. Mr. DiMalta informed the Committee that the usual lawn cutter was unable to perform the cutting. He stated that he doesn’t have an issue with the fact that the lawn needed to be cut, but is disputing the cost of $667.80. He stated that it normally takes 20 minutes for the lawn to be cut. Mr. DiMalta informed the Committee that there was also a $250 trucking charge and a charge for 12 hours labour. He is seeking details on the trucking charge. Mr. DiMalta also stated that he has an issue with the Municipality engaging a contractor who uses a push mower to perform the maintenance. He stated that he is concerned about a contractor who submits an artificially low tender and then inflates the invoice. Mr. DiMalta stated that there is no burden on the Municipality as the house is abandoned, but is in good condition. He informed the Committee that he agrees that he should be paying an amount to the Municipality, but he disputes the amount. Catherine Peterson, representing the Newcastle Skateboard Park Committee, was present regarding Report EGD-030-10, concerning the Proposed Newcastle Skateboard Park Collaborative Agreement. She informed the Committee that she is a resident and business owner in the community. Ms. Peterson stated that Newcastle’s closest skateboard park is in Orono and therefore Newcastle requires a skateboard park. She informed the Committee that she has 130 names on a petition requesting a skateboard park. Ms. Peterson informed the Committee that a skateboard park will provide local youth with a place to go as well as it being an attraction to outside residents. She informed the Committee that the Newcastle Lions Club has agreed to apply for a Trillium grant for the park, as well they have offered to donate $1000. Mayor Abernethy stated a pecuniary interest with respect to Mr. Thrasher’s delegation as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on this matter. Councillor Hooper stated a pecuniary interest with respect to Mr. Thrasher’s delegation as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on this matter. - 3 - General Purpose and Administration Committee Minutes September 27, 2010 Councillor Novak chaired this portion of the meeting. nd William Thrasher, 2 Vice President, Royal Canadian Legion Branch 178, was present regarding Report FND-024-10, regarding a request that Council exempt Branch 178 of the Canadian Legion from municipal property taxes. He informed the Committee of the various events and charities that the Legion has been involved in over the years. Mr. Thrasher informed the Committee that, like many Legion Branches, they are experiencing finance difficulties. He informed the Committee that recent changes have resulted in more stringent financial policies. Mr. Thrasher asked that the Municipality of Clarington assist the Legion Branch 178 by exempting them from paying municipal property taxes. PUBLIC MEETING Subject: (a) Application to Amend the Zoning By-law 84-63 Applicant: West Diamond Properties Inc., Players Business Park Ltd. and 1613881Ontario Ltd. Report: PSD-104-10 Cynthia Strike, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Tom Albany, representing West Diamond Properties, was present to answer any questions from the Committee. Subject: (b) Application to Amend the Zoning By-law 84-63 Applicant: Brookfield Homes (Ontario) Limited Report: PSD-105-10 Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. James McDonald, local resident, spoke in opposition to the application. He stated that he is 100% opposed to this proposal. He has a secondary driveway that abuts the subject property. Mr. McDonald stated that he is opposed due to snow clearing, garbage and traffic issues. No one spoke in support of the application. Bob Stewart, from Brookfield Homes, was present to answer any questions from the Committee. He confirmed to the Committee that there will be private garbage and snow removal. Mr. Stewart also confirmed that there will be ample parking issues. - 4 - General Purpose and Administration Committee Minutes September 27, 2010 Subject: (c) Application to Amend the Zoning By-law 84-63 Applicant: Kelly Adams Report: PSD-106-10 Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Kelly Adams, the applicant, was present to answer any questions from the Committee. PLANNING SERVICES DEPARTMENT PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 419 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC., PLAYERS BUSINESS PARK LTD. AND 1613881 ONTARIO LTD. Resolution #GPA-474-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-104-10 be received; THAT the application for Zoning By-law Amendment (ZBA 2010-0020) submitted by West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. be approved and that the attached By-law, contained in Attachment 3 of Report PSD-104-10, be passed; THAT the proposed modification to Draft Approved Plan of Subdivision S-C 2004-004 as submitted by West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd., as contained on Attachment 2 of Report PSD-104-10, be approved; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-104-10 and Council’s decision; and THAT all interested parties listed in Report PSD-104-10 and any delegation be advised of Council’s decision. CARRIED - 5 - General Purpose and Administration Committee Minutes September 27, 2010 APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT A TEMPORARY NEW HOME SALES PRESENTATION CENTRE ON THE SUBJECT LANDS FOR A MAXIMUM OF THREE (3) YEARS APPLICANT: BROOKFIELD HOMES (ONTARIO) LIMITED Resolution #GPA-475-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-105-10 be received; THAT the application for Zoning By-law Amendment submitted by Brookfield Homes (Ontario) Limited as contained in Attachment 2 of Report PSD-105-10 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-105-10 and Council’s decision; and THAT all interested parties listed in Report PSD-105-10 and any delegations be advised of Council's decision. CARRIED APPLICATION TO AMEND ZONING BY-LAW 84-63 TO ALLOW THE ENLARGEMENT OF AN EXISTING LEGAL NON-CONFORMING LOT APPLICANT: KELLY ADAMS Resolution #GPA-476-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-106-10 be received; THAT the application for Zoning By-law Amendment submitted by Kelly Adams as contained in Attachment 2 of Report PSD-106-10 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-106-10 and Council’s decision; and THAT all interested parties listed in Report PSD-106-10 and any delegations be advised of Council's decision. CARRIED - 6 - General Purpose and Administration Committee Minutes September 27, 2010 OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR SINGLE DETACHED DWELLINGS OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE Resolution #GPA-477-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-107-10 be received; THAT Amendment No. 78 to the Clarington Official Plan submitted by Michael Ricciuto et al to expand the Hampton Hamlet boundary; and to redesignate certain lands from “General Agricultural Area” to “Hamlet Residential” to permit the development of eight (8) single detached residential dwellings, as contained in Attachment 3 of Report PSD-107-10, be adopted and the By-law contained in Attachment 4 be passed; THAT the Zoning By-law Amendment application submitted by Michael Ricciuto et al be approved as contained in Attachment 5 of Report PSD-107-10; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-107-10 and Council’s decision; and THAT all interested parties listed in Report PSD-107-10 and any delegations be advised of Council’s decision. CARRIED REMOVAL OF A HOLDING SYMBOL APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION Resolution #GPA-478-10 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-108-10 be received; THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to Report PSD-108-10 be passed; THAT the Urban Design principles, contained in Section 6.2 of report PSD-108-10, be incorporated into the final design of the building and the site; and - 7 - General Purpose and Administration Committee Minutes September 27, 2010 THAT all interested parties listed in Report PSD-108-10 and any delegations be advised of Council’s decision. MOTION TABLED (See following motions) Resolution #GPA-479-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-108-10, regarding the removal of a holding symbol as proposed by FCHT (Ontario) Holdings Corporation, be referred to staff for consideration of the Commercial Policy Review. MOTION WITHDRAWN Resolution #GPA-480-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-108-10, regarding the removal of a holding symbol as proposed by FCHT (Ontario) Holdings Corporation, be tabled to the Council meeting of October 4, 2010. CARRIED Mayor Abernethy left the meeting at 10:44 a.m. APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE DEVELOPMENTS INC. Resolution #GPA-481-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-109-10 be received; THAT the application submitted by D.G Biddle & Associates on behalf of Prestonvale Developments Inc. to remove the Holding (H) symbol be approved; THAT the By-law, attached to Report PSD-109-10, to remove the Holding (H) symbol from Lots 1 to 57 (Phase I) be passed and that the Region of Durham be forwarded a copy of Report PSD-109-10; THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 56 (Phase II) at such time as the Draft Approved Plan of Subdivision is registered and that said By-law be forwarded to the Regional Municipality of Durham; and - 8 - General Purpose and Administration Committee Minutes September 27, 2010 THAT all interested parties listed in Report PSD-109-10 and any delegations be advised of Council's decision. CARRIED AMENDMENT TO HERITAGE DESIGNATION BY-LAW 87-15 ORONO TOWN HALL, 5315 MAIN STREET, ORONO Resolution #GPA-482-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-110-10 be received; THAT the Municipal Clerk and Staff be authorized to carry out the necessary actions including notification to amend the heritage designation for Orono Town Hall By-law 87-15 pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18; THAT the Mayor and Municipal Clerk be authorized to enact the amending By-law, Attachment 3 to Report PSD-110-10, to amend heritage designation By-law 87-15 for the Orono Town Hall, 5315 Main Street, Orono; and THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner and the interested parties listed in Report PSD-110-10 be advised of Council's decision. CARRIED RECESS Resolution #GPA-483-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:55 a.m. Mayor Abernethy returned to the meeting at 11:55 a.m. Councillor Foster chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes September 27, 2010 ENGINEERING SERVICES DEPARTMENT PROPOSED NEWCASTLE SKATEBOARD PARK COLLABORATIVE AGREEMENT Resolution #GPA-484-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-030-10 be received; THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and THAT all partners in the Collaborative Agreement be advised of Council’s action. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT COLLABORATIVE AGREEMENT BETWEEN THE NEWCASTLE HORTICULTURAL SOCIETY, THE NEWCASTLE COMMUNITY HALL AND THE MUNICIPALITY OF CLARINGTON Resolution #GPA-485-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report OPD-004-10 be received; THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and THAT all interested parties listed in Report OPD-004-10 be advised of Council’s decision. CARRIED - 10 - General Purpose and Administration Committee Minutes September 27, 2010 EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION AND REHABILITATION PROGRAM Resolution #GPA-486-10 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report CSD-009-10 be received; THAT the Mayor and Clerk be authorized to extend the agreement between the Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and Rehabilitation Program, for an additional 12 month period; and THAT Ms. Susan Ord of Lakeridge Health be informed of Council’s decision. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK’S DEPARTMENT DISCONTINUATION OF ANIMAL ADVISORY COMMITTEE Resolution #GPA-487-10 Moved by Mayor Abernethy, seconded by Councillor Trim THAT Report CLD-029-10 be received; THAT the Resolution of the 2006-2010 Clarington Animal Advisory Committee, recommending that the Committee be disbanded, be received; THAT Resolution GPA-402-96, establishing an Animal Advisory Committee be rescinded; - 11 - General Purpose and Administration Committee Minutes September 27, 2010 THAT staff continue to seek input from members of the public and industry experts when contemplating major policy changes, innovative initiatives or significant service level changes through appropriate means; and THAT the members of the 2006-2010 Clarington Animal Advisory Committee be advised of Council’s decision and thanked for their accomplishments throughout their term on this Committee. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2009-41 FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS – SOIL REMEDIATION UPDATE Resolution #GPA-488-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-048-10 be received for information. CARRIED FINANCE DEPARTMENT MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2009 Resolution #GPA-489-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-022-10 be received for information. CARRIED LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUNDS OF TAXES Resolution #GPA-490-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report FND-023-10 be received; and - 12 - General Purpose and Administration Committee Minutes September 27, 2010 THAT the list, attached to Report FND-023-10, of applications for cancellation, reduction, apportionments or refund of taxes be approved. CARRIED Mayor Abernethy stated a pecuniary interest with respect to Report FND-024-10, regarding the Royal Canadian Legion’s request for municipal tax exemption, as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on this matter. Councillor Hooper stated a pecuniary interest with respect to Report FND-024-10, regarding the Royal Canadian Legion’s request for municipal tax exemption, as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on this matter. Councillor Novak chaired this portion of the meeting. REQUEST TO COUNCIL TO EXEMPT CLARINGTON BRANCH 178 OF THE ROYAL CANADIAN LEGION FROM MUNICIPAL PROPERTY TAXES Resolution #GPA-491-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report FND-024-10 be received; THAT Council authorize exemption of local property taxes on the property in Clarington owned by the Clarington Branch 178 of the Royal Canadian Legion, pursuant to the Assessment Act R.S.O. 1990, Chapter A.31, Section 6.1(2); THAT Staff request to the Region of Durham that the Regional portion of property taxes be exempted pursuant to Regional Report #2001-F-16 commencing in 2010; and THAT the By-law attached to Report FND-024-10 be executed by the Mayor and Clerk. CARRIED REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS – JUNE, JULY & AUGUST 2010 Resolution #GPA-492-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report FND-025-10 be received for information. CARRIED - 13 - General Purpose and Administration Committee Minutes September 27, 2010 SOLICITOR’S DEPARTMENT The Solicitor’s Department reports were considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS SALE OF SURPLUS PROPERTY – 182, 186, 190, 194 GEORGE REYNOLDS DRIVE, FORMER TRULLS ROAD FIRE STATION SITE Resolution #GPA-493-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Addendum to Report PSD-054-10 be received; THAT an Amending By-law to By-law 2010-047 be passed to authorize the sale and transfer of the lands identified as Parts 2, and 4, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, and 190 George Reynolds Drive, Courtice to 2055979 Ontario Inc.; THAT all other conditions set out in PSD-054-10 and the Purchase and Sale Agreements with regard to 182 and 190 George Reynolds Drive will be assumed by 2055979 Ontario Inc. and remain in force; and THAT all interested parties to Addendum Report PSD-054-10 be notified of Council’s decision. CARRIED Mayor Abernethy chaired this portion of the meeting. PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-494-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-099-10 be lifted from the table; - 14 - General Purpose and Administration Committee Minutes September 27, 2010 THAT Report PSD-099-10 and Addendum to Report PSD-099-10 be received; THAT Schedule “A” to the Zoning By-law, the final page of Attachment 5 in Report PSD-099-10 be replaced with Schedule “A” to the Zoning By-law as shown on Attachment 1 to Addendum Report PSD-099-10; THAT the proposed Zoning By-law contained in Attachment 5 to Report PSD-099-10 (as revised by Recommendation 3) be passed; and THAT all interested parties listed in Addendum to Report PSD-099-10 and any delegations be advised of Council’s decision. CARRIED DELEGATION OF JASON DIMALTA, REGARDING AN INVOICE FOR CUTTING OF LONG GRASS AND WEEDS Resolution #GPA-495-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT the delegation of Jason DiMalta, regarding an invoice for cutting of long grass and weeds, be referred to staff, and THAT staff report back to Council on October 4, 2010, on the details of the costs of Mr. DiMalta's invoice for cutting of long grass and weeds, to ensure that the invoice was in line with the Municipality’s policies. CARRIED OTHER BUSINESS HOLIDAY TRAIN Resolution #GPA-496-10 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Municipality of Clarington has been notified that the CPR Holiday Train has scheduled a stop in Clarington as part of the Holiday Train route; NOW THEREFORE the Council of the Municipality of Clarington hereby resolves as follows: THAT Council approves and endorses the Municipality’s participation in the 2010 Holiday Train event scheduled for Sunday, November 28th beginning at 5:30 pm; - 15 - General Purpose and Administration Committee Minutes September 27, 2010 THAT required funds of approximately $3,000 be allocated from the general surplus and expensed to the Communication & Tourism Special Events 2010 account; and THAT staff be authorized to advertise the event for community participation. CARRIED ROYAL CANADIAN LEGION BRANCH 178 FINANCIAL CHALLENGES Mayor Abernethy stated a pecuniary interest with respect to Councillor Trim’s motion as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on this matter. Councillor Hooper stated a pecuniary interest with respect to Councillor Trim’s motion as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on this matter. Councillor Novak chaired this portion of the meeting. Resolution #GPA-497-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Municipal Staff, during the next term of Council, work together with the Royal Canadian Legion Branch 178, to assist, where possible, with their future financial challenges. CARRIED Mayor Abernethy chaired this portion of the meeting. Councillor Woo thanked Ellen Cowan for her financial assistance for the Holiday Train in 2009. Councillor Woo noted that the Culture Days held on September 25 and 26, 2010 was a successful event. Mayor Abernethy thanked members of Council and staff for their contribution to the General Purpose and Administration Committee over the past four years. Mayor Abernethy thanked staff for their professionalism and support to Council in making good decisions over the past four years. COMMUNICATIONS There were no items considered under this section of the Agenda. - 16 - General Purpose and Administration Committee Minutes September 27, 2010 CONFIDENTIAL REPORTS Resolution #GPA-498-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussion of following two matters, which deal with: ? litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and ? advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED The meeting resumed in open session at 12:32 p.m. with Mayor Abernethy in the Chair. Mayor Abernethy advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. TENDER CL2009-41 FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS – SOIL REMEDIATION UPDATE Resolution #GPA-499-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the recommendations contained in the Confidential Report COD-049-10, regarding the Tender CL2009-41 Fuel Tank Requirements at Various Locations – Soil Remediation Update, be approved. CARRIED - 17 - General Purpose and Administration Committee Minutes September 27, 2010 (1) OMB APPEAL FILED BY BROOKFIELD HOMES (ONTARIO) LIMITED, BUILDING INDUSTRY & LAND DEVELOPMENT ASSOCIATION, SMOOTH RUN DEVELOPMENTS INC., PLAYER BUSINESS PARK LTD. AND WEST DIAMOND PROPERTIES INC. AGAINST DEVELOPMENT CHARGES BY-LAW 2010-058 (2) OMB DECISION DATED SEPTEMBER 3, 2010 (RE: ORANGEVILLE'S DEVELOPMENT CHARGE BY-LAW) Resolution #GPA-500-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report LGL-006-10 be received; and THAT, if the Divisional Court grants the Town of Orangeville leave to appeal the OMB decision respecting its Development Charge By-law, the Municipality seek leave to intervene as an added party in the appeal. CARRIED ADJOURNMENT Resolution #GPA-501-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 12:33 p.m. CARRIED ~ -„~, ; DEPUTY CL RK -18-