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HomeMy WebLinkAbout10/04/2010 Council Meeting Minutes OCTOBER 4, 2010 Minutes of a regular meeting of Council held on October 4, 2010 at 7:00 p.m., in the Council Chambers. Councillor Trim 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 Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Operations, F. Horvath Web Technician, A. Labijak, attended until 7:35 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Recreation Services Manager, S. Meredith Manager of Community Planning and Design, C. Salazar, attended at 7:40 p.m. until 8:28 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Item D - 4. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Items 13 and 17 of Report #1. Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Items 13 and 17 of Report #1. Council Meeting Minutes - 2 - October 4, 2010 ANNOUNCEMENTS Councillor Novak announced there will be a Public Information Centre on October 7, 2010, from 6:00 p.m. until 9:00 p.m. at the Baseline Community Centre regarding the Study Commencement for the Oshawa to Bowmanville GO Train Services Expansion and Maintenance Facility Transit Project Assessment Process Environmental Assessment. Councillor Hooper issued a reminder that the Annual Apple Festival and Craft Sale will be held on Saturday, October 16, 2010 in downtown Bowmanville. This event is one of Clarington’s premier celebrations with a variety of activities planned for the weekend. Councillor Hooper expressed appreciation to Durham Transit for the “Get on the Bus and Enjoy a Ride on Us” transit service. Councillor Woo announced that all Members of Council attended the Exemplary Medal Awards for Clarington Long-Term Service Fire Fighters on October 29, 2010. Councillor Robinson announced the following: ? The Newcastle Fall Festival was held on Saturday, October 2, 2010. The event was well attended and was a great day. Councillor Robinson expressed appreciation to the Operations Department, Emergency and Fire Services and Community Services Department for being part of the successful weekend. ? He expressed appreciation to the Newcastle Lions Club for their Annual Walk for Dog Guides and Barbeque. ? On Saturday, October 2, 2010, Glen Kimball participated in a fundraising event by shaving his beard and raising $281.70 for the food bank. Resolution #C-402-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 20, 2010, be approved. “CARRIED” Council Meeting Minutes - 3 - October 4, 2010 PRESENTATIONS Steven Cooke, Executive Director, Navy League of Canada, Ontario Division, along with his father, Ron Cooke, Past President, Bowmanville Branch, addressed Council highlighting the objectives of the Navy League in providing programming and training to youth, in partnership with National Defense. Mr. Cooke acknowledged that while the programs are free there are still costs involved and recognized the generosity of local organizations. Steven Cooke presented an Award of Appreciation to Brian Purdy, Garth Gilpin and Councillor Ron Hooper regarding the Concert in the Park Series at Rotary Park. Mayor Abernethy provided a history of the Bowmanville Goodyear plant and presented a Certificate of Recognition, on behalf of Council, to Roy Moore, to Veyance Technologies Canada, Inc. (sole manufacturer and distributor of Goodyear th Engineered Products) on their 100 Anniversary in Bowmanville. Mayor Abernethy provided background information on the “Support Our Troops” banner project initiated by local resident Margaret Maskell a couple of years ago and financially supported by Goodyear Canada. The banner program has been implemented all across Ontario, Canada and overseas and this summer, the Armed Forces reviewed the banner and recommended an official “support the troops” banner. Mayor Abernethy advised that Hannu Halminen, President of Halminen Homes, has agreed to sponsor the 2010 Support the Troops program with the purchase of 19 banners which will be flown on Vanstone Bridge, and the various cenotaphs in Clarington and that Shayne Hastings of Langley Utilities has volunteered his company’s services in erecting the banners. Mayor Abernethy stated Corporal Mark Vanderbruggen and Corporal Joshua Potter from the Ontario Regiment Armoured Reconnaissance Unit are in attendance at tonight’s meeting. Mayor Abernethy presented Certificates of Appreciation to Marg Maskell, Hannu Halminen, Donna Ormiston and Renee Hyland, on behalf of Langley Utilities for their efforts with respect to the “Support Our Troops” Banners. Mayor Abernethy invited Christine Caswell, mother of fallen soldier Darrell Caswell, to join in the presentation and expressed appreciation to Corporal Mark Vanderbruggen and Corporal Joshua Potter for their dedication and commitment to the nation. Mayor Abernethy presented Councillor Charlie Trim with a Certificate in recognition of his 13 Years of Service to the Municipality of Clarington. Council Meeting Minutes - 4 - October 4, 2010 DELEGATIONS Sher Leetooze addressed Council concerning Correspondence Item D – 5 requesting land for garden allotments in Bowmanville. Ms. Leetooze stated she is an advocate of the five mile diet but recognized that many residents of Bowmanville do not have back yards large enough to have a garden and an area for their children to play. Ms. Leetooze acknowledged that many Canadians are trying to find ways to green their communities but expressed concern that governments are reducing farmland and making Canadians rely on places many thousands of miles away for food. Ms. Leetooze stated she wants to grow her own food locally and feels that allotment gardens will provide that opportunity for many residents. Ms. Leetooze stated many countries all over the world have adopted such programs and she has done significant research on the subject. She noted in Britain, the law requires that municipal governments maintain an adequate provision of land for gardens and that she would like Clarington to follow Britain’s lead. Ms. Leetooze offered her assistance in setting up a program locally. Jeany Barrett, President, Newcastle Horticultural Society addressed Council concerning Item 9 of Report #1 to present the Newcastle Community Hall Heritage Garden Project Concept Plan. Ms. Barrett provided a history of the Community Hall, highlighted its varied uses by many organizations and indicated the goal of the Newcastle Horticultural Society is to bring the gardens into a more sculptured state th before their 100 birthday in 2014. Ms. Barrett reviewed the seven design components including the parking lot (which due to budget constraints will be deferred and not included in the Trillium application), the fountain which will be moved to the northwest corner of King Avenue and Mill Street, the rejuvenation of the front gardens and walkway, the patio fencing, the courtyard area (which will be considered as a future project) and the development of a learning garden. Ms. Barrett stated a sprinkler system will be considered a priority item with a water sensor that will ensure plantings are not in distress and allow for more efficient use of water and less need to replace plantings. Ms. Barrett confirmed that every effort will be made to keep trees that are in good condition and that any that are removed will be replaced with signage and made into compost. She indicated that the Joseph Atkinson sign will be cleaned up and incorporated into the Area 2 garden and the flagpole will be relocated closer to the building. Ms. Barrett thanked Council for allowing her to present the concept and stated she looks forward to Council’s approval of the collaborative. Ms. Barrett introduced Jean Shaw, Vice-President and Betty Formosa, Director, Newcastle Horticultural Society in attendance this evening. Ron Richards addressed Council concerning Item 1 of Unfinished Business - Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the 2 nd2 Development of a Free Standing Food Store of 2.829Mand a 2 Building of 783M for Retail/Service Commercial Uses. Through use of a PowerPoint presentation Mr. Richards reviewed the context plan for the 3.5 acre development at the corner of Scugog Street and Longworth Avenue. Council Meeting Minutes - 5 - October 4, 2010 Mr. Richards indicated that subsequent to the public meeting, a public information meeting was held with 83 members of public in attendance. He noted there was a great deal of interaction at the meeting and that concerns of the residents are being taken seriously. Mr. Richards stated that since that meeting his firm has worked with the designers to assess comments received and to start addressing those concerns. He acknowledged that the elevations provided are an evolving process and that a number of architectural elements have been introduced including substantial landscaping. Mr. Richards stated they have effectively screened the entire parking lot area with landscaping and around the buildings fronting onto Scugog Street and that there are good pedestrian connections through the parking lot and from Scugog Street to the stores. Mr. Richards reviewed the detailed plan showing a pedestrian seating area and an area for bicycle parking. Mr. Richards stated other prevalent concerns related to noise generation have been reviewed noting that results of further analysis do not indicate anything that could be recognized beyond traffic on road. He stated that traffic was the single most prevalent concern and that traffic consultants attended the site confirming that although there is a lot of student and bus traffic, it does not coincide with the main peak hours of the development. Mr. Richards urged Council to approve the staff recommendation with a couple of minor amendments. Steven O’Melia addressed Council on behalf of Metro Ontario Corporation concerning Item 1 of Unfinished Business - Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the Development of a Free Standing Food Store 2 nd2 of 2.829Mand a 2 Building of 783Mfor Retail/Service Commercial Uses. Mr. O’Melia advised that Metro operates an existing food store at 343 King Street East and while Metro does not usually participate in individual applications, this application does not represent good land use planning. Mr. O’Melia referred to his letter submitted October 1, 2010, referencing the staff report indicating there are already two other sites zoned for a food store which may be more suitable than the subject site. He also stated that the need for large and tall noise barriers is an indication that this property is not suitable for this type of use. Mr. O’Melia requested that Council refuse the application and uphold the Official Plan as it is. Ron Richards addressed Council concerning Item 2 of Unfinished Business - Addendum to Report PSD-108-10 - Removal of a Holding Symbol (FCHT (Ontario) Holdings Corporation) stating this is a straight-forward matter and that the site is designated and zoned for the proposed use and that the holding symbol was in place only until conditions were met. Mr. Richards urged Council to support the staff recommendation to lift the holding symbol. Hannu Halminen addressed Council concerning Item 1 of Unfinished Business Report PSD-111-10 - Proposed Official Plan and Zoning By-law Amendment to Permit the 2 nd2 Development of a Free Standing Food Store of 2.829Mand a 2 Building of 783M for Retail/Service Commercial Uses indicating he is the present owner of the property and that generally he is satisfied with the report prepared by staff. Mr. Halminen corrected Mr. O’Melia’s delegation indicating that there are no new sound barriers being erected. He also stated that the Ontario Municipal Board frowns on appeals based on competition and urged Council to pass the Official Plan Amendment. Council Meeting Minutes - 6 - October 4, 2010 COMMUNICATIONS Correspondence Item I - 13 was received as a Hand-out. Resolution #C-403-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved. “CARRIED” I - 1 Minutes of the Animal Advisory Committee dated September 15, 2010. I - 2 Minutes of the Clarington Living Green Community Advisory Committee dated May 25, 2010. I - 3 Minutes of the Clarington Agricultural Advisory Committee dated August 26, 2010. I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 14, 2010. I - 5 Minutes of the Newcastle Community Hall Board dated July 20, 2010. I - 6 Minutes of the Clarington Heritage Committee dated September 22, 2010. I - 7 Minutes of the Ganaraska Region Conservation Authority dated September 16, 2010. I - 8 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, responding to Council’s resolution in support of the Town of Halton Hills’ resolution requesting that the Province assist municipalities with the costs of defending Growth Plan conformity amendments before the Ontario Municipal Board; indicating that providing intervener funding for Growth Plan-related costs is not foreseen at this time as the municipal official plan conformity exercises are occurring through the regular planning process and that since inception of the Growth Plan for the Greater Golden Horseshoe, both the Ministry of Municipal Affairs and Housing as well as the Ministry of Infrastructure have worked closely with municipalities to ensure that local conformity amendments are comprehensive, consistent and defensible; and, advising that staff of both Ministries will continue to work with the Region of Durham and its constituent municipalities in advancing regional and local conformity amendments through the planning system. Council Meeting Minutes - 7 - October 4, 2010 I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to the request from the Municipality of Clarington to add “Joseph Atkinson” to the Region’s Reserved Street Name List: “THAT the request from the Municipality of Clarington to add ‘Joseph Atkinson’ to the Region’s Reserved Street Name List be denied, and the Municipality of Clarington be so advised of Council’s decision.” I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: “a) THAT Report #2010-P-50 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-50 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to establishment of a Compliance Audit Committee: “a) THAT the Terms of Reference for the Compliance Audit Committee as outlined in Attachment 1 of Report #2010-A-32 be adopted; b) THAT John Hunter, William John Paul Jones and Howard Smith be appointed as members of the Compliance Audit Committee; c) THAT the Regional Solicitor be requested to prepare the appropriate by-law to establish the Compliance Audit Committee; and d) THAT a copy of this report be forwarded to the area municipalities for their information.” I - 12 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO, A Division of Metrolinx, advising of the Study Commencement and Public Information Centres for the Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility Transit Project Assessment Process Environmental Assessment and Preliminary Design Study; indicating the Environmental Assessment will review potential sites for new stations and layover facilities, options for connecting the CN railway corridor with the CP railway corridor from Oshawa to Bowmanville, south of Council Meeting Minutes - 8 - October 4, 2010 Highway 401, and identify potential improvements to the existing rail line; advising that Public Information Centres will be held on Thursday, October 7, 2010, at the Baseline Community Centre in Clarington, Wednesday, October 13, 2010 at the Royal Canadian Legion in Oshawa and Thursday, October 14, 2010 at Durham College, Whitby Campus in Whitby; and, forwarding the Project Overview outlining general information regarding the study. Further information will be available on GO’s website at www.gotransit.com starting October 1, 2010. I - 13 Jim Chan, Project Manager, Canadian Environmental Assessment Agency forwarding a summary of the comprehensive study process steps and timelines for input regarding the public comment period on the draft Comprehensive Study report for the proposed 407 East Transportation Corridor project. A draft report will be available on the project website at www.407eastea.com and further information on the comprehensive study process is available at www.ceaa.gc.ca. CORRESPONDENCE FOR DIRECTION Correspondence Items D - 6, D - 7, D - 8, D - 9 and D - 10 were received as Hand- outs. Resolution #C-404-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 3 and Hand-out Correspondence Items D - 6, D - 7, D - 8 and D - 9 be approved as per the agenda. “CARRIED” D - 1 Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention & Intervention, advising of the 6th Annual “Go Purple for Child Abuse Prevention! Campaign” to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth, and the “Go Purple for Prevention! Campaign”, an opportunity for all Ontario citizens to participate and support the need for child abuse awareness and prevention; and, requesting Council to proclaim October as “Child Abuse & Neglect Prevention Month”. (Proclaimed) Council Meeting Minutes - 9 - October 4, 2010 D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 15, 2010, Regional Council adopted the following resolution pertaining to a resolution from the Accessibility Advisory Committee of June 22, 2010 regarding Promotion of Sign Language Interpretation as a Career Choice: “a) THAT the Minister of Education, Colleges and Universities, and the Minister of Community and Social Services be requested to promote sign language interpretation as a career choice for high school students; and b) THAT a copy of this resolution be forwarded to the local area Accessibility Advisory Committees to be endorsed by their respective Councils.” (Correspondence referred to the Clarington Accessibility Advisory Committee) D - 3 Noble Blair Smyth, 2nd Vice President, Oshawa and District Shrine Club, requesting permission to set up a table near the corner of King Street and Temperance Street to sell a variety of Christmas cakes, cookies and truffles on Saturday, November 27, 2010, Saturday, December 4, 2010 and Saturday, December 11, 2010; and, advising that all proceeds from these sales go directly to support to Shriner’s Children’s Hospitals and that extra cakes are also sent to Canadian Troops serving in Afghanistan. (Request to sell Christmas cakes, cookies and truffles on Saturday, November 27, 2010, Saturday, December 4, 2010 and Saturday, December 11, 2010, approved) D - 6 Jessica Lee-Bearss, Development Coordinator, Toronto District, Crohn’s and Colitis Foundation of Canada, advising the month of November has been officially designated Crohn’s and Colitis Awareness Month for Canada by the Federal Minister of Health in 2006 in an effort to advance public understanding of the urgency of finding a cure for Crohn’s disease and ulcerative colitis; and, requesting that the Mayor provide a letter of support for local and national based initiatives and that November, 2010 be proclaimed as “Crohn’s and Colitis Awareness Month” in Clarington. (Proclaimed) Council Meeting Minutes - 10 - October 4, 2010 D - 7 Bruce Gilbert, Pyrotechnic Supervisor, requesting approval to permit a fireworks display at Bloomfield Farms on October 16, 2010, for a private function; indicating the fireworks show will start after 9:00 p.m. and will be set off in a field on the Bloomfield Farms’ property and that as a licensed Pyrotechnic Supervisor, he will ensure that all necessary precautions and regulations are met and that the products are purchased from a reputable supplier. (Exemption to the Fireworks By-law approved) D - 8 Ronald Richards, President, R. G. Richards & Associates, acknowledging that much discussion was held at the General Purpose and Administration Committee meeting of September 27, 2010, regarding Report PSD-108-10 – Application for Removal of Holding Symbol FCHT (Ontario) Holdings Corp. Regarding the prospect of the Royal Bank relocating from its current location; stating there was no discussion on why the Holding symbol was put in place; quoting Report PSD-108-10 in which the Zoning By-law states that a Holding symbol may be removed once Council is satisfied that the lands and proposed uses will be adequately protected from any physical or man-made hazard or conditions associated with the lands; and, that as these conditions have been met, urging Council to ratify the by-law. (To advise of actions taken with respect to Report PSD-108-10 – Item 2 of Unfinished Business) D - 9 Jason Coulas expressing concern with the proposed rezoning of 680 Longworth Avenue from residential to commercial uses to permit the development of a food store; forwarding a photograph showing the view of the site from his residence which will be directly impacted; stating that he is against the typical commercial box stores with large parking lots; hoping the development will be inviting for people and blend well with the neighbourhood and include appropriate mature landscaping, green space, focus on walking and bicycling and high quality novel shops, if approved. (Correspondence referred to the Director of Planning Services) Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 4 as she is a former employee of Stats Canada and refrained from discussion and voting on this matter. Council Meeting Minutes - 11 - October 4, 2010 D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Right Honourable Stephen Harper and the Honourable Tony Clement, Minister of Industry advising that on September 15, 2010, Regional Council adopted the following resolution pertaining to elimination of the 2011 Census Long Form Questionnaire: “THAT the Federal Government be advised that the Council of the Regional Municipality of Durham opposes the decision to eliminate the mandatory Census Long Form Questionnaire on the basis that it will compromise the Region’s ability to effectively plan for its communities; THAT the Council of the Regional Municipality of Durham hereby requests the Honourable Tony Clement, Minister of Industry, and the Federal Government to reinstate the mandatory Census Long Form Questionnaire for the upcoming 2011 census; THAT a letter be sent by the Regional Chair with this resolution to the Prime Minister of Canada and the Minister of Industry; THAT this resolution be forwarded to the Region’s MPs, MPPs and Area Municipalities for their information and support; and THAT this resolution be forwarded to all upper and single-tier municipalities in Ontario, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario, with the request that they formally support this resolution.” Resolution #C-405-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Durham with respect to elimination of the 2011 Census Long Form Questionnaire be endorsed and that a copy of the resolution be sent to Bev Oda, MP, Durham. “CARRIED” Council Meeting Minutes - 12 - October 4, 2010 D - 5 Sher Leetooze expressing concern with the disappearance of Ontario’s food production lands and the reliance of other countries to feed Canadian communities; advising that many residents in Bowmanville do not have space to put in a garden of any size and that the provision of garden allotments in Bowmanville and other areas of Clarington upon request would allow an opportunity for those who wish to be more self sufficient and to decrease their carbon footprint; acknowledging that the allotment program is not just a matter of simply providing vacant land for gardening but would require proper structure; and, offering to assist in formatting the responsibilities and management policies for the garden allotments. Resolution #C-406-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 5 from Sher Leetooze with respect to land for garden allotments be referred to staff and to the Clarington Agricultural Advisory Committee. “CARRIED” D - 10 Marilyn Pearce, Mayor, Township of Scugog, writing to the Honourable Bev Oda, Minister of International Cooperation requesting the Minister to investigate expanding the Community Futures Development Corporation(CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington in Durham Region; indicating that CFDC will be instrumental in supporting sustainable communities within Durham rural municipalities by providing assistance in developing sustainable communities through increased availability of financial services, business counselling and support for community economic development activities and by encouraging and providing regional and cross community collaboration between the rural municipalities. Resolution #C-407-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 10 from Marilyn Pearce, Mayor, Township of Scugog, with respect to expanding the Community Futures Development Corporation (CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington, be referred to the Chief Administrative Officer. “MOTION LOST” Council Meeting Minutes - 13 - October 4, 2010 Resolution #C-408-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 10 from Marilyn Pearce, Mayor, Township of Scugog, with respect to expanding the Community Futures Development Corporation (CFDC) coverage for the rural municipalities of Scugog, Uxbridge and Clarington, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report September 27, 2010. Resolution #C-409-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of September 27, 2010 be approved, with the exception of Items #13 and #17. “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Items 13 and 17 of Report #1 as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on this matter. Mayor Abernethy stated a pecuniary interest with respect to Items 13 and 17 of Report #1 as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on this matter. Deputy Mayor Novak chaired this portion of the meeting. Item #13 Resolution #C-410-10 Moved by Councillor Foster, seconded by Councillor Woo 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); Council Meeting Minutes - 14 - October 4, 2010 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 Item #17 Resolution #C-411-10 Moved by Councillor Robinson, seconded by Councillor Trim 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 resumed the Chair. STAFF REPORT(S) Resolution #C-412-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CLD-030-10 be received for information. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-413-10 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law Number 2010-035 “to assess and control the health effects of major emissions of fine particulate matter in the Town of Oakville” (“Oakville’s FPM By-law”); WHEREAS TransCanada Energy has filed an application with the Ontario Superior Court of Justice seeking to quash Oakville’s FPM By-law on the basis that the Town does not have the legislative authority to pass it, it was enacted in bad faith, and it is invalid due to its vagueness; Council Meeting Minutes - 15 - October 4, 2010 WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville with respect to the health effects of major emissions of fine particulate matter and the need for municipalities to regulate such emissions; WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by TransCanada Energy; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene as an added party in the application filed by TransCanada Energy; AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the 2011 budget deliberations. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v UNFINISHED BUSINESS Resolution #C-414-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-111-10 be received; THAT COPA 2010-0004, the Official Plan Amendment for a Neighbourhood Centre located on the northeast corner of Longworth Avenue and Scugog Street, Attachment 6 to Report PSD-111-10 be approved; THAT an open house with the residents to address urban design issues, in a format that includes a presentation, discussion of alternatives and question/answer session be held; THAT the zoning and site applications submitted by 1804603 Ontario Inc. continue to be processed by staff and that a further report be prepared following the open house; and Council Meeting Minutes - 16 - October 4, 2010 THAT the interested parties listed in Report PSD-111-10 and any delegations be advised of Council’s decision. “CARRIED” Resolution #C-415-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-108-10 be lifted from the table; THAT Report PSD-108-10 and Addendum to Report PSD-108-10 be received; That Staff facilitate a meeting between a representative from the Royal Bank and the Historic Downtown Bowmanville Business Improvement Area to develop a plan to mitigate impacts of the proposed relocation; 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; 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; and THAT all interested parties listed in the Report PSD-108-10 and Addendum to Report PSD-108-10 and any delegations be advised of Council’s decision. “CARRIED” BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-law 2010-128 as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from discussion and voting on By-law 2010-128. Mayor Abernethy stated a pecuniary interest with respect to By-law 2010-128 as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from discussion and voting on By-law 2010-128. Deputy Mayor Trim chaired the remainder of the meeting. Resolution #C-416-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2010-120 to 2010-132; Council Meeting Minutes - 17 - October 4, 2010 2010-120 Being a by-law to stop up and close as a public highway portions of road allowance and to authorize the conveyance of Parts 1 and 2 on Registered Plan 40R-25751 to Simon Tonkinson and Tracy Louise Tonkinson 2010-121 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle ((West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd.) 2010-122 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Brookfield Homes (Ontario) Limited) 2010-123 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kelly Adams) 2010-124 Being a By-law to adopt Amendment No. 78 to the Clarington Official Plan 2010-125 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle(Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone) 2010-126 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 Developments Inc.) 2010-127 Being a By-law to amend By-law 87-15, being the Heritage Designation of Orono Town Hall 2010-128 Being a By-law to provide an exemption from property taxation (excluding local improvements and education taxes) to Branch 178 of the Royal Canadian Legion for the property taxation years 2010 to 2020, commencing January 1, 2010 and to repeal By-law 2001-044 2010-129 Being a By-law to amend By-law 2010-047 to allow for the transfer to 2055979 Ontario Inc. of lands more particularly described as Parts 2 and 4 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182 and 190 George Reynolds Drive, Courtice Council Meeting Minutes - 18 - October 4, 2010 2010-130 Being a By-law toamend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Municipality of Clarington) 2010-131 Being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington (FCHT (Ontario) Holdings Corporation 2010-132 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Deepak Asrani); 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 considered under this Section of the Agenda. OTHER BUSINESS Councillor Trim provided a synopsis of projects undertaken by the Municipality over his 13 year tenure as a Member of both Clarington Council and Durham Regional Council. Councillor Trim expressed appreciation to Members of Council, staff and the citizens of Clarington. Mayor Abernethy and Members of Council extended best wishes to Councillor Trim on his retirement and to staff for their professional advice during this Term of Council. Mayor Abernethy and Councillors Hooper and Novak stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-417-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2010-133, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 4day of October, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 19 - ADJOURNMENT Resolution #C-418-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the ry~e.~ting adjourn at 9:05 p.m. "CARRIED" October 4, 2010