HomeMy WebLinkAboutJune 16, 2014 Cizq c _ Council Meeting Minutes
raliz Monday, June 16, 2014
7:00 PM - Council Chambers
Present:
Mayor Ryan
Councillors:
K. Ashe
D. Dickerson
B. McLean
J. O'Connell
D. Pickles
P. Rodrigues
Also Present:
T. Prevedel - Chief Administrative Officer
P. Bigioni - Director, Corporate Services & City Solicitor
M. Carpino - Director, Culture &Recreation
J. Hagg - Fire Chief
R. Holborn - Director, Engineering & Public Works
T. Melymuk - Director, City Development
S. Karwowski - Division Head, Finance & Treasurer
D. Shields - City Clerk
G. McGregor - Manager, Sustainability & Economic Development
C. Hodge - Coordinator, Economic Development
C. Whitaker - Coordinator, Sustainability
L. Harker - (Acting) Supervisor, Legislative Services
(I) Invocation
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) Disclosure of Interest
No disclosures of interest were noted.
(Ill) Adoption of Minutes
Resolution #245/14
Moved by Councillor Dickerson
Seconded by Councillor Pickles
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In Camera Council Minutes, May 20, 2014
Council Meeting Minutes, May 20, 2014
Planning & Development Committee Minutes, June 2, 2014
Executive Committee Minutes, June 9, 2014
Carried
(IV) Presentations
Gabriella Kalapos, Executive Director of Clean Air Partnership appeared before Council toc
present the City of Pickering with a Certificate for its success in meeting nine specific clean
air and climate change targets that were identified within the Council's Inter-Governmental
Declaration on Clean Air and Climate Change. The Clean Air Council is a network of
municipalities and health units from across the Greater Toronto & Hamilton Area that was
established in 2001 to work collaboratively on the development and implementation of clean
air and climate change mitigation and adaptation actions. Ms. Kalapos noted that the City of
Pickering and the Sustainable Pickering Advisory Committee has shown leadership in
acting on clean air, climate change and sustainability opportunities, and thanked the City for
all of their hard work. Mayor Ryan, Councillor Dickerson, Chair of the Sustainable Pickering
Advisory Committee, and members, Councillor Pickles and Councillor Rodrigues were
presented with the Certificate.
(V) Delegations
1. Paul Przybylo, Ajax-Pickering Board of Trade
Paul Przybylo, President, Ajax-Pickering Board of Trade appeared before Council
to provide his annual update. The Ajax-Pickering Board of Trade is comprised of
14 business volunteers on the Board with over 600 members. Mr. Przybylo
provided an overview of events that they put on, including park cleanups and
lunch and learns and expressed their thanks to the City for all of their support.
A brief question and period ensued.
2. Randy Gill & Sean Lockhart, Their Opportunity Minor Sports Corporation
Randy Gill and Sean Lockhart from Their Opportunity Minor Sports Corporation
appeared before Council to provide an overview of their organization. Their
Opportunity provides low income families with the opportunity to enrol their
children in local sports programs. Those children that receive sponsorship are
required to give back to the community. Mr. Lockhart provided real-life stories of
children who have benefitted from this program.
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A question and answer period ensued. Mr. Gill provided an overview of the
organization's 4-star rating system that is used to determine if a child is eligible for
sponsorship.
3. Peter Whiteley
Peter Whiteley, 1252 Maple Ridge Drive, appeared before Council in opposition
to the three way stop sign at Maple Ridge Drive and Harvest Drive. Mr. Whiteley
questioned why the original stop sign location that was proposed in February
2014 was changed, and noted that he was in support of the original Report.
A question and answer period ensued.
4. Rob and Lisa Maggs
Rob and Lisa Maggs, 1250 Maple Ridge Drive, appeared before Council in
opposition to the three way stop sign at Maple Ridge Drive and Harvest Drive. Mr.
Maggs noted that the previous delegation noted their concerns and that they did
not have any further comments to add.
5. Raveena Ratnasingam
Chair, Durham Diversity Society
Raveena Ratnasingam, Chair, Durham Diversity Society, appeared before
Council to provide an overview of the upcoming Canada's Multicultural Day
Celebration taking place on Saturday, June 28th at 11:00 am. The objective of the
event is to raise awareness, encourage communications and promote cultural
diversity. Ms. Ratnasingam provided an overview of the day's events and noted
the various multicultural groups that would be attending.
A brief question and answer period ensued.
(VI) Committee Reports
a) Report PD 2014-06 of the Planning & Development Committee
2. Director, City Development, Report PLN 11-14
Official Plan Amendment Application OPA 13-002/P
Amendment No. 23 to the Pickering Official Plan
Informational Revision 20 to the Pickering Official Plan
City-Initiated
Official Plan Review: Planning Tools for Sustainable Placemaking
Recommendation
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1. a) That Official Plan Amendment Application OPA 13-002/P, initiated by
the City of Pickering, to change existing policies and add new policies
in support of sustainable placemaking, be approved; and
b) That the Draft By-law to adopt Amendment 23 to the Pickering Official
Plan, to change existing policies and add new policies in support of
sustainable placemaking, as set out in Appendix Ito Report PLN 11-14,
be forwarded to Council for enactment;
2. That Council adopt Informational Revision 20 to the Pickering Official Plan as
set out in Appendix II to Report PLN 11-14;
3. That Council authorize staff to revise the City's Site Plan Control By-law to
incorporate the additional powers made available through the approval of
Amendment 23, and that the revised By-law be brought back to Council for
enactment; and
4. Further, that the City Clerk forward a copy of Report PLN 11-14 and Council's
resolution on the matter to the Region of Durham and to each person or public
body that provided written or verbal comments at the Open House, the Public
Meeting, the Planning & Development Committee or the City Council
meetings.
Resolution #246/14
Moved by Councillor O'Connell
Seconded by Councillor Pickles
That Report 2014-06 of the P & D meeting held on June 2, 2014, be adopted, save
and except Item 1.
Carried
b) Report EC 2014-06 of the Executive Committee
1. Director, Corporate Services & City Solicitor, Report FIN 12-14
2013 Year End Audit
Recommendation
1. That Report FIN 12-14 of the Director, Corporate Services & City Solicitor be
received;
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2. That the Year-end Communication Report as submitted by Deloitte LLP
(Deloitte) be received for information; and,
3. That the 2013 draft Audited Consolidated Financial Statements for the City of
Pickering be approved.
2. Director, City Development, Report PLN 12-14
Corporate Energy Management Plan
Recommendation
1. That Report PLN 12-14 of the Director, City Development regarding the
Corporate Energy Management Plan be received; and
2. That Council receive the Corporate Energy Management Plan for the City of
Pickering prepared by IndEco Strategic Consulting as set out in the Executive
Summary Excerpt in Appendix Ito Report PLN 12-14; and direct staff to use
this Plan as a basis for making future corporate energy management
decisions, recommendations and budget submissions.
3. Director, Culture & Recreation, Report CR 02-14
City of Pickering Cultural Strategic Plan
Recommendation
1. That Report CR 02-14 of the Director, Culture & Recreation regarding the City of
Pickering Cultural Strategic Plan be received;
2. That Council receive the.City of Pickering "Cultural Strategic Plan, Final Report—
June 2014" and "A Cultural Map of Pickering: Background information, Final
Report—June 2014" and direct staff to use the plan as the basis for future
corporate decisions, recommendations and budget submissions; and
3. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect hereto.
4. Director, Culture & Recreation, Report CR 03-14
2013 Accessibility Progress Report
- 5 Year Accessibility Plan 2012-2016
Recommendation
That Report CR 03-14 of the Director, Culture & Recreation regarding the 2013
Accessibility Progress Report be received.
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5. Director, Culture & Recreation, Report CR 10-14
Request for Proposal for Advertising at City Facilities
-Request for Proposal No. RFP-5-2014
-Agreement with Boardview Advertising Inc.
Recommendation
1. That Report CR 10-14 of the Director, Culture & Recreation regarding the
Licence Agreement for Advertising at City Facilities be received;
2. That proposal No. RFP-5-2014 submitted by Boardview Advertising Inc. be
accepted;
3. That the Mayor and City Clerk be authorized to execute the Licence Agreement
pursuant to which Boardview Advertising Inc. will be permitted to install and
maintain advertising in various City Facilities, in the form included as Attachment
1, subject to such revisions as are acceptable to the Director, Culture &
Recreation and the Director, Corporate Services & City Solicitor; and
4. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect hereto.
6. Director, Culture & Recreation, Report CR 11-14
Tender for Back Up Chiller at the Pickering Recreation Complex
-Tender No. T-2-2014
Recommendation
1. That Report CR 11-14 of the Director, Culture & Recreation regarding the
Back Up Chiller for the Pickering Recreation Complex be received;
2. That Tender No. T-2-2014 submitted by Canadian Tech Air Systems Inc. in
the amount of$217,864.00 (HST included) be accepted;
3. That the total gross project cost of $308,038.00 (HST included), including the
amount of the tender and other associated costs, and the total net project cost
of $277,398.00 (net of HST rebate), be approved;
4. That Council authorize the Division Head, Finance & Treasurer to finance the
project as provided for in the 2013 Recreation Complex - Core Capital Budget
in the amount of$277,398.00 from the Federal Gas Tax Reserve Fund; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect hereto.
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7. Director, Culture & Recreation, Report CR 15-14
Pickering Recreation Complex Detailed Engineering Study
-Funding Agreement and Consulting Services
Recommendation
1. That Report CR 15-14 of the Director, Culture & Recreation regarding the
Pickering Recreation Complex Detailed Engineering Study funding agreement
and consulting services be received;
2. That the Mayor and Clerk be authorized to execute the funding agreement
with Veridian Connections Inc. pursuant to which I.B. Storey will be authorized
to complete the Detailed Engineering Study of the Pickering Recreation
Complex, in the form included as Attachment 1, subject to such revisions as
are acceptable to the Director, Culture & Recreation and the Director,
Corporate Services & City Solicitor;
3. That Council authorize staff to engage the services of I.B. Storey Inc. as the
consultant responsible to complete the Detailed Engineering Study as
described in their Project Briefing and Proposal set out in Attachment 2; and
4. Further that the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
8. Director, City Development, Report BLD 02-14
Building By-law Amendment under the Building Code Act
Recommendation
That the City's Building By-law 7137/11, as amended, which provides for the
• administration and enforcement of the Building Code Act, 1992 within the City of
Pickering, be repealed and replaced with the new City Building By-law, as set out in
Attachment 1 to Report BLD 02-14.
9. Director, Corporate Services & City Solicitor, Report FIN 13-14
Investment Portfolio Activity for the Year Ended December 31, 2013
Ontario Regulation 292/09 under the Municipal Act, 2001
Recommendation
It is recommended that Report FIN 13-14 of the Director, Corporate Services & City
Solicitor regarding Investment Portfolio Activity for the Year Ended December 31,
2013 be received for information.
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10. Director, Corporate Services & City Solicitor, Report FIN 14-14
Municipal Funding Agreement with AMO- Federal Gas Tax Revenues
Recommendation
1. That Report FIN 14-14 of the Director, Corporate Services & City Solicitor be
received;
2. That the Mayor and the City Clerk be authorized to execute the Municipal
Funding Agreement (MFA) with the Association of Municipalities of Ontario
(AMO), for a period of ten years from 2014 to 2024; and
3. That the appropriate officials be authorized to take the necessary actions to
give effect thereto.
Resolution #247/14 •
Moved by Councillor O'Connell
Seconded by Councillor Pickles
That Report 2014-06 of the Executive Committee meeting held on June 9, 2014, be
adopted.
Carried
1. Director, City Development, Report PLN 10-14
Zoning By-law Amendment Application A 9/13
Draft Plan of Subdivision Application SP-2013-05
Louisville Homes Ltd.
1814 and 1816 Fairport.Road
Resolution #248/14
Moved by Councillor O'Connell
Seconded by Councillor Pickles
1. That Draft Plan of Subdivision Application SP-2013-05, submitted by
Louisville Homes Ltd., on lands municipally known as 1814 and 1816
Fairport Road, to establish a residential plan of subdivision for 27 lots, 8 blocks
for future development, a block for Fairport Road widening, and the southerly
extensions of Wingarden Crescent and Shade Master Drive, as shown on
Attachment#3 to Report PLN 10-14, and the implementing conditions of
approval, as set out in Appendix I, be endorsed; and
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2. Further, that Zoning By-law Amendment Application A 9/13, submitted by
Louisville Homes Ltd., to implement the Draft Plan of Subdivision SP-2013-05 be
endorsed with the provisions contained in Appendix II to Report PLN 10-14, and
that staff be authorized to finalize and forward the implementing Zoning By-law
Amendment to Council for enactment.
Carried Later in the Meeting
(Refer to following Motion)
Resolution #249/14
Moved by Councillor O'Connell
Seconded by Councillor Ashe
That the recommended performance standards referenced in Appendix II be replaced
with the revised performance standards provided as Attachment#1 to the June 13,
2014 Memorandum of the Director, City Development.
The main motion was then carried as amended
(VII) New and Unfinished Business
1. Director, Corporate Services & City Solicitor, Report LEG 05-14
Veridian Corporation Amended and Restated Shareholders' Agreement
Discussion ensued with clarification being provided on the composition of boards and
responsibilities. Council noted that the Agreement included a decrease in Board
members which would result in significant cost savings.
Resolution #250/14
Moved by Councillor Pickles
Seconded by Councillor Dickerson
1. That Report LEG 05-14 of the Director, Corporate Services & City Solicitor
regarding the Veridian. Corporation Amended and Restated Shareholders'
Agreement be received;
2. That Council authorizes and approves the Amended and Restated
Shareholders' Agreement attached hereto as Attachment 1;
3. That the Mayor and City Clerk be authorized to execute the Amended and
Restated Shareholders' Agreement, in the form included as Attachment 1,
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subject to such minor revisions as are acceptable to the Director Corporate
Services & City Solicitor, the Division Head, Finance & Treasurer and the
Chief Administrative Officer; and
4. That the appropriate City of Pickering officials be authorized to take the
necessary action to give effect hereto.
Carried Later in the Meeting
[Refer to following motion]
Moved by Councillor Rodrigues
Seconded by Councillor O'Connell
• That the Veridian Corporation Amended and Restated Shareholders' Agreement be
amended to reduce the number of Board Members to 13. 9 members on the
Corporate Board comprised of Pickering 4 members, Ajax 3 members, Clarington 1
member and Belleville 1 member. And a 4 member Connections Board comprising of
Pickering 1 member, Ajax 1 member, Clarington 1 member and Belleville 1 member;
and
That staff be directed to take the proposed Agreement to Veridian for consideration.
Motion Lost on a Recorded
Vote as Follows:
Yes No
Councillor O'Connell Councillor Pickles
Councillor Rodrigues Councillor Ashe
Councillor Dickerson
Councillor McLean
Mayor Ryan
The main motion was then Carried Unanimously on a recorded vote.
(VIII) Motions and Notice of Motions
•
a) Reconsideration of a Notice of Motion requiring 2/3 Majority
Re: All-Way Stop at Old Brock Road and Acorn Lane
Resolution #251/14
Moved by Councillor Rodrigues
Seconded by Councillor O'Connell
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Whereas traffic concerns on Old Brock Road were raised through a Notice of Motion
at a Special Meeting of Council held on December 10, 2012;
Whereas City staff conducted a review of the area and submitted Report ENG 06-13
to Council in July 2013;
Whereas City staff sent 168 letters to every home in Claremont south of Central
Street;
Whereas the community consultation indicated a mixed result among area residents.
for an all-way stop;
Whereas City staff recommended that an all-way stop at Old Brock Road and Acorn
Lane not be supported;
Whereas Council supported the all-way stop noting that it could be reviewed if it was
determined not to be required;
Whereas in May 2014 a petition was received by the City noting that area residents
objected to the all-way stop noting that it was an unnecessary impediment to traffic
flow and causes additional vehicle emissions as they stop and start at this corner;
Whereas the petition requested that the intersection be reverted back to the condition.
of a stop sign for Acorn Lane only;
Now Therefore Be It Resolved that the intersection of Old Brock Road and Acorn
Lane have the traffic control changed back to a stop sign for Acorn Lane at Old Brock
Road and no stop sign for Old Brock Road at Acorn Lane.
Motion Lost on a Recorded
Vote as Follows:
Yes No
Councillor O'Connell Councillor Pickles
Councillor Rodrigues Councillor Ashe
Councillor Dickerson
Councillor McLean
Mayor Ryan
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b) OMB Change
Resolution #252/14
Moved by Councillor Rodrigues
Seconded by Councillor O'Connell
Whereas Pickering City Council is advised and informed by an established and
experienced full-time Planning Department staffed with accredited professionals, who
are capable of making decisions in the public interest;
Whereas Pickering Council is eager to adopt the responsibilities their constituents
expect of them. Councillors have the benefit of ongoing engagement with the
communities they represent, and have extensive knowledge of local issues, opinions
and needs, both large and small, on which they base their decisions;
•
Whereas Council and the Planning staffs ability to plan is undermined if applicants
calculate that it is in their interests to treat City processes as a mere formality en
route to an OMB hearing. Although many applicants are fair and reasonable in their
dealings with the City, the OMB appeal process is not conducive to fostering good-
faith negotiations and efforts;
•
Whereas the current OMB hearing process is too cumbersome, too expensive, too
time-consuming and too legalistic to facilitate wide-ranging citizen participation and is
therefore unfair to the local residents, as well as the community at large;
Whereas the current OMB process is also a drain on City Planning and Legal
resources. Great urban planning is about looking forward, using planning
documents/guidelines/frameworks with the benefit of past professional experience,
and this should be what planners should spend their time doing.
Whereas the OMB tends to act as an arbitrator between the public and private
interests, a function more suited to the Courts, which are a more appropriate venue
for legal disputes;
Whereas The Planning Act treats appeals of municipal planning decisions to the
OMB as de novo hearings and allows the OMB to substitute its decisions for those
taken by democratically elected Councils, generally having little regard for the public
interest as expressed through these Councils;
Whereas the Ontario Divisional Court held in the decision Minto Communities Inc. v.
the City of Ottawa that the OMB's powers on appeal of municipal planning decisions
have not been altered by the requirement that it consider municipal decisions;
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Whereas the Ontario Divisional Court has stated that a "more clear and specific
expression of legislative intent"would be required to change the traditional role and
practices of the OMB;
Whereas certain planning matters respecting land severance applications and minor
variances heard by the Committee of Adjustment, as well as heritage designations
established by Council, are also subject to appeal to the OMB;
Whereas it is manifestly undemocratic for an appointed board such as the OMB to
substitute its opinions for the considered judgment of elected Councillors and
professional City staff on matters affecting municipalities in which the Councillors and
City staff will continue to live and in which the OMB has no ongoing presence;
Whereas furthermore, on June 22, 2011, the Council of the City of Mississauga voted
unanimously to abolish the OMB.
Now therefore be it resolved that the Minister of Municipal Affairs and Housing
(MMAH) be requested to amend the Planning Act, the Heritage Acts, and all other
legislation under which the OMB operates and has jurisdiction, to abolish the OMB
and to provide that decisions of Municipal Councils are only appealable to the courts
on questions of law;
That copy of this resolution is sent to the MMAH, all local members of Provincial
Parliament and GTA municipalities;
That Council support the request of the City of Mississauga to the MMAH for public
consultations on these requests, and advise the Minister of its support in writing and
offer of assistance to liaison with local stakeholders including business owners,
property owners, residents, and individuals and corporations working in land use
development and planning.
Motion Lost on a Recorded
Vote as Follows:
Yes No
Councillor O'Connell Councillor Pickles
Councillor Rodrigues Councillor Ashe
Councillor Dickerson
Councillor McLean
Mayor Ryan
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c) Electronic Voting for Council
Resolution #253/14
Moved by Councillor Rodrigues
Seconded by Councillor O'Connell
Whereas it is important for residents and other people to know how Pickering Council •
(City Councillors, Regional Councillors and Mayor) have individually voted on all
matters in Pickering Committee and Council Meetings;
Whereas accountability and transparency can be significantly improved by having a
method to make and keep a record of individual votes by Councillors and Mayor, for
each matter on the meeting agendas, such as reports and motions that are voted
upon;
Whereas community engagement and public awareness and confidence can be.
addressed by having the individual Members of Council voting record for each matter
readily available;
Whereas such a system of recording (electronically) the votes of each Member of
Council, would demonstrate the commitment to accountability by the City of
Pickering's Municipal Government;
Now therefore be it resolved that Council requests Pickering City staff investigate the
various options for the equipment needed in order to allow for electronic voting by
Members of Council at Committee and Council Meetings;
And therefore the equipment should incorporate the ability for the recorded vote to be
viewed by the public on a screen in the Council Chambers;
And therefore to ensure that each individual's vote on each matter is recorded, and
readily retrievable for greater transparency and accountability, staff are to report back
to Council regarding the implementation of an electronic voting system, a budget for -
the system and a timeline for the installation of the system in the Council Chambers.
Motion Carried on a Recorded
Vote as Follows:
Yes No
Councillor McLean Councillor Ashe
Councillor O'Connell Councillor Dickerson
Councillor Rodrigues Councillor Pickles
Mayor Ryan
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(IX) By-laws
7362/14 Being a by-law to provide for the administration and enforcement of the
Building Code Act, 1992 within the City of Pickering. [Refer to Executive
Committee pages 362 to 392]
7363/14 Being a by-law to adopt Amendment 23 to the Official Plan for the City
of Pickering (OPA 13-002/P) (By-law attached)
7364/14 Being a by-law to amend Restricted Zoning By-law 3037, as amended, to
implement the Official Plan of the City of Pickering, Region of Durham, for the
Seaton Urban Area in the City of Pickering. This by-law was approved by the
Ontario Municipal Board Decisions dated December 17, 2013 and January 24,
2014, and confirmed by an Order in Council by the Lieutenant Governor of the
.Province of Ontario, dated March 26, 2014. (OMB Decision - no action
required, by-law being assigned a number for record keeping purposes. The
by-law can be obtained by contacting the City Development Department)
7365/14 Being a by-law to declare certain lands surplus to the needs of The
Corporation of the City of Pickering for the purpose of sale. (By-law attached)
Resolution #254/14
Moved by b Councillor O'Connell
Seconded by Councillor Pickles
That By-law Nos. 7362/14 through 7365/14 be approved.
Carried
(X) Confidential Matters
In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act,
an In Camera meeting of Council was held prior to the regularly scheduled meeting.
Resolution #255/14
Moved by Councillor McLean
Seconded by Councillor Pickles
That Council,move In Camera in that the matters to be discussed relate to a proposed
or pending acquisition or disposition of land by the municipality.
Carried
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A confidential verbal update was presented to Council by the Director, Corporate
Services & City Solicitor regarding the Duffin Heights Land disposition. Refer to the In
Camera minutes for further information. [City Clerk has custody and control of the In
Camera minutes].
Resolution #256/14
Moved by Councillor Dickerson
Seconded by Councillor McLean
That the recommendation considered at the Closed Meeting of Council be approved.
Carried
(XI) Other Business
1. Councillor Ashe requested that upon the review of the Procedural By-law in the next
term of Council, consideration be given to having a comment/question and answer
period for residents at the end of each meeting.
2. Councillor Ashe requested that staff look into putting a process in place to report
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back to Council on feedback received from residents, due to decisions made at
Council.
Councillor McLean left the meeting.
(XII) Confirmation By-law
•
By-law Number#7366/14
Councillor Dickerson seconded by Councillor O'Connell moved for leave to introduce a
By-law of the City of Pickering to confirm those proceedings of June 16, 2014.
•
Councillor McLean was absent for the vote.
Carried on a Recorded
Vote as Follows:
Yes No
Councillor Pickles
Councillor Rodrigues
Councillor Ashe
Councillor Dickerson
Councillor O'Connell -
Mayor Ryan
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(XIII) Adjournment
Moved by Councillor O'Connell
Seconded by Councillor Dickerson
That the meeting be adjourned at 9:50 pm.
Carried
Dated this 16th day of June, 2014. '
Ma sr Rya►
Debbie Shields
City Clerk
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