HomeMy WebLinkAboutFebruary 4, 2002
Council Meeting Minutes
Monday, February 4, 2002
7:30p.m.
PRESENT:
Mayor Wayne Arthurs
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COUNCILLORS:
M. Brenner
M. Holland
R. Johnson
B. McLean
D. Pickles
D. Ryan
ALSO PRESENT:
T. J. Quinn
N. Carroll
G. Paterson
B. Douglas
B. Taylor
D. Kearns
- Chief Administrative Officer
- Director, Planning & Development
- Director, Corporate Services & Treasurer
- Fire Chief
- City Clerk
- Committee Coordinator
(I)
ADOPTION OF MINUTES
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Special Meeting of January 14,2002
Regular Meeting of January 21,2002
Special Meeting of January 21,2002
(II)
DELEGATIONS
1.
Kees van der Vecht, 3965 Kinsale Road, addressed Council with respect to concerns in Kinsale.
He advised of the concerns of the residents with respect to dumping by Durham Regional Works
Department of sludge which is polluting their wells making their water undrinkable. He further
commented on the landfill operation which is causing oil and diesel fuel odors. Trucks and
bulldozers are running constantly creating noise and dust. Other concerns include the lack of
lighting at Kinsale Road and Hwy. 7 and signs on Hwy. 7 obscuring vision for those entering off
of Kinsale Road.
2.
The following persons addressed Council with respect to the Wood, Carroll Zoning Amendment
Application:
a)
John Ibbetson, 787 Sheppard Ave., advised that at the previous meeting he endorsed the
report. He stated that an 80' tree behind his home should be preserved and questioned if
repair work would be done if damage occurred to his pool during construction.
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b)
Sylvia Spencer, 771 Sheppard Ave., stated that she has a densely treed property, that some
artifacts may be on the Wood Carroll land, that the subject lands are not in character with
the balance of Kingston Road, that restaurant use should be prohibited and that the buffer
against her property is not sufficient.
3. James Hodgins, 362 Dyson Road, addressed Council with respect to Family and Community
Violence Prevention. He provided Council with more current statistics on family violence and
asked Council to:
i)
commit to being more fully informed on family violence
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Council Meeting Minutes
Monday, February 4, 2002
7:30p.m.
ii)
iii)
iv)
support an event to address family violence
inform other bodies of local efforts
any unit set up by Durham Regional Police should be informed, trained and be aware
of up-to-date statistics
requested support to speak to other Councils
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v)
(III)
RESOLUTIONS
Resolution #24/02 - Appendix #1
Moved by Councillor Ryan
Seconded by Councillor Holland
That the Report of the Finance & Operations Committee dated January 28,2002, be adopted.
CARRIED
Resolution #25/02 - Appendix #11
Moved by Councillor Holland
Seconded by Councillor Ryan
That the Report of the Planning Committee dated January 28,2002, be adopted.
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CARRIED
Resolution #26/02
Moved by Councillor Ryan
Seconded by Councillor McLean
I. That Zoning By-law Amendment Application A 19/97 (RO 1), submitted by Christopher Speirs, on
lands being Lots 15, 16 and 17, Plan 21, City of Pickering, to amend the zoning of the subject lands
from "HMC7" to a "HMR3" zone, in order to permit the development of a detached dwelling on the
subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number
PD 01-02; and
2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/97
(RO I), as set out in draft in Appendix II to Report Number PD 01-02, be forwarded to City Council
for enactment.
3. That the City Clerk advise the Toronto Region Conservation Authority (TRCA) that Pickering City
Council requests their assistance in working with Ontario Realty Corporation (ORC) and the City to
explore access opportunities to the Seaton Hiking Trail, north of Whitevale Road.
CARRIED
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Council Meeting Minutes
Monday, February 4, 2002
7:30p.m.
Resolution #27/02
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Moved by Councillor Brenner
Seconded by Councillor Pickles
That the Council of the City of Pickering receive and endorse the resolution passed by the Board of the
Ajax Pickering Transit Authority, concerning the 2002 APTA Budget; and
That a copy of this resolution be forwarded to the Region of Durham.
CARRIED
Recorded Vote:
Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs
Resolution #28/02
Moved by Councillor Johnson
Seconded by Councillor Ryan
That Mayor Arthurs be authorized to make the following proclamations:
....
"Freedom to Read Week" - February 24 to March 2,2002
"White Cane Week" - February 3-9,2002
CARRIED
Resolution #29/02
Moved by Councillor Brenner
Seconded by Councillor Ryan
WHEREAS the Toronto Region Conservation Authority has requested that the "City of Pickering
conduct a review of the Official Plan for the north area of Pickering from the Seaton Lands in the east to
the York/Durham Town Line in the west";
NOW THEREFORE BE IT RESOLVED that the Director of Planning and Development be directed to
report at the March 18th Planning Committee Meeting the elements of a "Growth Management Study"
which would provide the basis for an Official Plan Review of all lands as set out in the Toronto Region
Conservation Authority Resolution and that said lands be defined within the northern boundary of
Highway 7 and the southern boundary as C.P. Belleville Rail line; and
THAT such review include consideration of any existing studies conducted either for the City (Town),
Region or Province, e.g., Environmental Study conducted by Dr. N. Eyles in 1997; and
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THAT such review will form the basis for how Pickering will manage future growth pressures.
CARRIED
Recorded Vote:
Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs
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Council Meeting Minutes
Monday, February 4, 2002
7 :30p.m.
Resolution #30/02
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Moved by Councillor Holland
Seconded by Councillor Ryan
WHEREAS in a review of the Ontario Municipal Board (OMB) by the Greater Toronto Services Board
(GTSB) it was found that 15 GTA municipalities spent over $20 million on cases relating to policy
issues and new large-scale urban area designations over the last five years; and
WHEREAS the Corporation of the City of Pickering dedicates significant resources in staff time, legal
fees and other related costs, as outlined in the memo from the Solicitor for the City dated January 31,
2002 to represent the corporation at cases before the OMB ; and
WHEREAS the members of the OMB are appointed by the Government of Ontario and have no direct
accountability back to the electorate; and
WHEREAS the original intent of the OMB was to be a check against bad or biased planning but has
grown into a body that may overturn sound planning decisions and reshaping communities in a manner
that is contrary to their will and vision; and
WHEREAS there is an increasing trend for developers to appeal matters before local Councils to the
OMB prior to the elected representatives considering the matter and often before public statutory
meetings occur; and
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WHEREAS in many recent decisions the OMB has overturned decisions of local councils because a
land use was not expressly prohibited thus creating an impossible burden to municipal official plans
which will require a laundry list of allowable and disallowed uses for protection; and
WHEREAS a municipal official plan should be broad based and flexible but will become encumbered
by restrictions that may have undesired outcomes in an attempt to provide protection from the OMB;
and
WHEREAS the Government of Ontario can not expect' smart growth' to occur in an environment where
local planning and years of public input and debate can be overturned by an appointed body with often
little knowledge of the municipalities who's future they are shaping; and
WHEREAS the Town of Caledon report on the OMB states that "as an appointed tribunal, the OMB
should not be determining growth patterns of the GTA" and notes that, "municipal taxpayers, after
paying for exhaustive planning policy processes, have to pay an unacceptable price to defend their
decisions in the OMB arena"; and
WHEREAS the Town of Caledon report further states "There is no evidence, at least in the opinion of
municipalities, to suggest that the $20 million plus yields a higher quality of life and a better-planned
GT A than would have been yielded by the decision-making of the elected municipal councils, following
the exhaustive planning processes and legal requirements that we now follow".
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NOW THEREFORE the Council of the Corporation of the City of Pickering urges the Government of
Ontario to remove or, at the least, radically reduce the role of OMB back to a pure check against bad or
biased planning; and
THAT the Association of Municipalities of Ontario be requested to act upon the report done by the
Town of Caledon, work done by the GTSB and requests of municipalities by applying meaningful and
lasting pressure to dissolve or radically alter the OMB; and
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Council Meeting Minutes
Monday, February 4,2002
7:30p.m.
THAT the leadership candidates for the Ontario Progressive Conservative Party and the Leader of the
Official Opposition be requested to respond back to the Council of Corporation of the City of Pickering
as to their position on this issue; and
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THAT the Council of the Corporation of the Region of Durham be requested to endorse this motion; and
THAT this motion be circulated to;
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All area Mayors and Chairs
Janet Ecker, M.P.P - Pickering-Ajax-Whitby
Jim Flaherty, M.P.P. - Deputy Premier and Minister of Finance
Tony Clement, Minister of Municipal Affairs and Housing
Elizabeth Witmer, Environment Minister
Ernie Eves, former Minister of Finance and candidate for the leadership ofthe Ontario PC party
Dalton McGuinty, Leader of the Official Opposition
Mike Harris - Premier of the Province of Ontario
Chris Stockwell, M.P.P.
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CARRIED
Recorded Vote:
Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs
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Resolution #31/02
Moved by Councillor Johnson
Seconded by Councillor Pickles
For Leave to Introduce a Notice of Motion concerning possible illegal dumping in Kinsale.
CARRIED
Resolution #32/02
Moved by Councillor Johnson
Seconded by Councillor Pickles
WHEREAS clean fill is being dumped on a daily basis at Hwy. #7 north east of Balsam Road, Kinsale;
and
WHEREAS our staff have visited the site and reported there were no violations at that time; and
WHEREAS the Ministry of Environment and the Ministry of Health are responsible for guidelines of
clean fill dumping;
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NOW THEREFORE BE IT RESOLVED staff investigate the concerns raised by the community and
host a community meeting with the Ward 3 Councillors; and
THAT the Ministry of Environment, the Ministry of Health and the Toronto Region Conservation
Authority be requested to investigate the allegations of the local neighbours complaints of a violation of
clean fill water coarse violations and possible well contamination; and
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Council Meeting Minutes
Monday, February 4, 2002
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THAT copies of this resolution be forwarded to the Region of Durham, Health and Social Services
Committee, Janet Ecker, MPP, Dan McTeague, MP, Bradley Clark, Minister of Transportation, Dalton
McGuinty, Leader of the Official Oppostion and Mike Harris, Premier of the Province of Ontario.
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CARRIED
Recorded Vote:
Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs
(IV)
BY-LAWS
That Councillor Johnson, seconded by Councillor Ryan, took leave to introduce by-laws of the City of
Pickering:
By-law Number 5939/02
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official
Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 15, 16 and 17,
Plan 21 (Parts 31,50 and 52, 40R-1140), in the City of Pickering. (A 19/01(R))
By-law Number 5948/02
þto..
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the
Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 32,
Concession 1, City of Pickering. (A 8/01)
By-law Number 5949/02
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the
Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 18,
Concession 1 (Parts 6 to 8, 12 & 13, 40R-1O635), City of Pickering. (A 33/00) .
By-law Number 5950102
Being a by-law to authorize the signing of an agreement for fire protection services.
By-law Number 5951/02
Being a by-law for the collection of taxes and to establish the installment due dates for the Interim
Levy 2002.
By-law Number 5952/02
Being a by-law to name highways or portion of highways within the jurisdiction of the City to which
a reduced load period designation applies and to repeal By-law 5801/01.
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CARRIED
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Council Meeting Minutes
Monday, February 4, 2002
7:30p.m.
THIRD READING:
Councillor Johnson, seconded by Councillor Ryan, moved that the report ofthe Committee ofthe Whole
on By-law Numbers 5939/02, 5948/02, 5949/02, 5950/02, 5951/02 and 5952/02, be adopted and the said
by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal
of the Corporation be affixed thereto.
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(V)
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3.
4.
5.
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CARRIED
OTHER BUSINESS
Councillor McLean gave notice of a motion concerning Pickering/Ajax/Whitby Animal Shelter.
Councillor McLean advised that a fund raising dance will be held at the Recreation Complex on
February 16th for the Women's Shelter.
Councillor Brenner requested an investigation of the situation at Knob Hill Farms parking lot
where trailers are being parked and homeless are using these trailers to sleep under.
Councillor Johnson advised that the Claremont Winter Carnival begins February 9,2002.
Councillor Johnson gave notice of a motion concerning "No Parking" in front of 2527 Parkdale
St.
Councillor Pickles gave notice of a motion concerning the condition of Whitevale Dam.
Councillor Brenner gave notice of a motion, seconded by Councillor Ryan, to request Provincial
Auditors to investigate the land swap.
The following matters were discussed prior to the regular meeting:
a) The Chief Administrative Officer distributed correspondence concerning the Zoning By-law
Amendment Application submitted by Christopher Speirs, Costs related to OMB Matters,
and Whitchurch-Stouffville Response Statistics.
b) Councillor McLean requested Council authorize the appraisal of the Pickering/Ajax/Whitby
Animal Shelter in Whitby.
Resolution #33/02
Moved by Councillor McLean
Seconded by Councillor Holland
That an appraisal of the Pickering/Ajax/Whitby Animal Shelter be undertaken.
CARRIED
c) Councillor Johnson advised that a senior who qualified for snow removal was missed and
therefore had to hire someone.
d) Councillor Ryan gave commendation to the Fire Department for their quick response to an
emergency call he made concerning a neighbour who collapsed last Thursday.
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Council Meeting Minutes
Monday, February 4, 2002
7 :30p.m.
(VI)
CONFIRMATION BY-LAW
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By-law Number 5953/02
Councillor Brenner, seconded by Councillor Ryan, moved for leave to introduce a By-law of the City of
Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its
Regular Council Meeting of February 4, 2002.
CARRIED
(VII) ADJOURNMENT
The Meeting adjourned at 10:00 p.m.
DATED
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Appendix I
Finance & Operations Committee Report
FOC-2002-1
That the Finance & Operations Committee of the City of Pickering having met on January 28, 2002,
presents its first report to Council and recommends:
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1.
OPERATIONS & EMERGENCY SERVICES REPORT OES 43-01
FIRE SERVICES AGREEMENT
BETWEEN THE TOWN OF WHITCHURCH-STOUFFVILLE
AND THE CITY OF PICKERING
1. That Report to Council OES 43-01 regarding Fire Services Agreement, be received; and
2. That the Council of the Corporation of the City of Pickering authorize the signing of a Fire
Services Agreement between the Town of Whitchurch-Stouffville and the City of Pickering
regarding Fire Protection Services to another municipality.
2.
OPERATIONS & EMERGENCY SERVICES REPORT OES 001-02
REDUCED LOAD PERIOD BY-LAW
ANNUAL COMPILATION OF STREETS
1. That Report 0 ES 001-02 respecting the reduced load period by-law be received; and
2. That a by-law be enacted to designate highways under the jurisdiction of the City to which a
reduced load period applies; and
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3. That By-law 5801/01 be repealed.
3.
OPERATIONS & EMERGENCY SERVICES REPORT OES 003-02
STREET LIGHT REPAIR AND MAINTENANCE SERVICE
1. That Report OES 003-02 regarding street light repair and maintenance service be received;
and
3. That City staff be directed to prepare specifications and documentation required to tender the
services of street light repair and maintenance.
4.
OPERATIONS & EMERGENCY SERVICES REPORT OES 002-02
STATUS REPORT ON THE "ROLLING TO REDUCE"
WASTE DIVERSION PILOT PROJECT
That Report OES 002-02 concerning Status Report on the "Rolling to Reduce" Waste Diversion
Pilot Project, be received for information.
5.
CORPORATE SERVICES REPORT CS 02-02
2002 INTERIM LEVY AND INTERIM TAX INSTALLMENT DUE DATES
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1. That Report CS 02-02, concerning 2002 Interim Levy and Interim Tax Installment Due Dates
be received; and
2. That an interim levy be adopted for 2002 for all of the realty property classes; and
3. That interim levy installment due dates be February 27 and April 26, 2002; and
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Appendix I
Finance & Operations Committee Report
FOC-2002-1
4. That the Director, Corporate Services & Treasurer be authorized to make any changes or
undertake any actions necessary, including altering due dates, in order to ensure the tax
billing process is completed; and
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5. That the attached by-law, providing for the imposition of the taxes, be read three times and
approved by Council; and
6. That the appropriate City of Pickering officials be authorized to take the necessary actions to
give effect thereto.
6.
CORPORATE SERVICES REPORT CS 03-02
CONFIRMA nON OF COMPREHENSIVE CRIME INSURANCE FOR 2002
1. That Report CS 03-02 concerning Confirmation of Comprehensive Crime Insurance for
2002, be received and forwarded to Council for information.
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Citq o~
Appendix II
Planning Committee Report
PC-2002-2
That the Planning Committee of the City of Pickering having met on January 28, 2002, presents its
second report to Council and recommends:
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1.
PLANNING & DEVELOPMENT REPORT PD 08-02
COUNCIL POSITION FOR THE ONTARIO MUNICIPAL BOARD HEARING
ON AMENDMENT TO THE NORTHEAST QUADRANT DEVELOPMENT
GUIDELINES
ZONING BY-LAW AMENDMENT APPLICATION A 22/00
WOOD, CARROLL ET AL (HAYES LINE PROPERTIES INC.)
PART OF LOT 28, RANGE 3, B.F.C.
(778- 790 KINGSTON ROAD, EAST OF WHITES ROAD)
1. That Council ADOPT a site specific amendment to the Northeast Quadrant Development
Guidelines as the City's strategy for detailed land use, urban design, transportation and
infrastructure for the Wood, Carroll properties (Hayes Line Properties Inc.) within the
Northeast Quadrant, as set out in Appendix I to Report Number PD 08-02; and
2. That Zoning By-law Amendment Application A 22/00, submitted by Wood, Carroll et al.
(Hayes Line Properties Inc.) on lands being Part of Lot 28, Range 3, B.F.c. in the City of
Pickering, to permit residential and retail/commercial and restaurant uses, as revised by the
applicant to only permit the development of retail/commercial and restaurant uses, be
ENDORSED IN PRINCIPLE, AS RECOMMENDED BY STAFF, as set out in the staff
recommended implementing by-law attached as Appendix II to Report Number PD 08-02;
and
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3. That Council re-affirm the requirement for the applicants to pay their proportionate share of
the study costs of the Northeast Quadrant Review prior to the zoning coming into force; and
4. That Council require the applicant to construct and convey to the City a public lane across
the north part of the property; and
5. That Council require the applicant to contribute to the costs of downstream stormwater
management efforts and construct on-site stormwater controls if construction on the subject
lands precedes downstream stormwater management works; and
6. That staff be authorized to present Council's ENDORSEMENT IN PRINCIPLE to the
Ontario Municipal Board as Council's position on Zoning Amendment Application A 22/00
at an Ontario Municipal Board Hearing, and further authorize staff to make adjustments to
the staff recommended implementing by-law as technical issues are finalized.
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