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