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HomeMy WebLinkAboutNovember 19, 2001 Council Meeting Minutes Monday, November 19, 2001 8:20 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: - M. Brenner M. Holland R. Johnson (left at 8:25 p.m.) B. McLean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll B. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - City Clerk - Committee Coordinator Mayor Arthurs convened the Council Meeting at 8:20 p.m. and Councillor Johnson declared an interest in the matter concerning the Pickering/Uxbridge Townline that was discussed at the In Camera Meeting held prior to this meeting as he is involved in litigation concerning this item. (I) ADOPTION OF MINUTES ,- Regular Meeting of November 5,2001 Special Meeting of November 5,2001 Special Meeting of November 5,2001 Special Meeting of November 12, 2001 eID DELEGATIONS 1. Dan Carter, representing CHEX TV Durham, addressed Council to provide an overview of the Royal Bank Salutes Local Heroes program. He thanked residents for making the community stronger and encouraged individuals to pick up a Local Heroes Nomination Form at either Royal Bank, Durham College, Region of Durham or the Durham Regional Police offices. Councillor Johnson again declared an interest in the matter concerning the Pickering/Uxbridge Townline as be is involved in litigation concerning tbis item. He left the Council Chambers prior to the deputations returning at 8:50 p.m. after Resolution #150/01 was considered. 2. The following persons addressed Council with respect to the PickeringlUxbridge Townline: - a. Mr. T. P. Morley, 2060 Concession 6, Uxbridge, stated his outrage at the destruction done by Councillor Johnson and endorsed the comments made on November 5th by Brian Buckles. He questioned Council and Senior staff as to their knowledge of the actions of Councillor Johnson, whether there is more than one lawsuit, whether or not the Mayor or his Deputy were on duty the August long weekend and was the Deputy aware of his responsibilities. Mr. Morley clarified that he thought Councillor Johnson was the Deputy Mayor. - 1 - Council Meeting Minutes Monday, November 19, 2001 8:20 p.m. b. Lorne A1mack, 4745 Brock Road, advised that he is present to find out what Council has learned and to question why the report of the Solicitor for the City is not yet available to the public. He also questioned why the matter concerning the Hayes property is not before Council. - Mr. John Reble, Solicitor for the City provided a verbal overview of the circumstances surrounding the matter before Council with respect to Councillor Johnson and the UxbridgefPickering Townline. (lID RESOLUTIONS Resolution #150/01 Moved by Councillor McLean Seconded by Councillor Ryan WHEREAS the Council of the Corporation of the City of Pickering recognizes that there are many road allowances in the rural section of the City that have not been opened and assumed as a public highway pursuant to the Municipal Act; and WHEREAS it is the practice of Council to open road allowances and assume them as public highways only where there is a compelling reason that would benefit the community or where a property owner who requires public access to their land enters into an agreement with the City to bring the road up to municipal standards; and - WHEREAS Councillor Rick Johnson undertook extensive construction work on that portion of the UxbridgefPickering Townline east of Westney Road and that portion of Sideline 8 south of the UxbridgeIPickering Townline to service property owned by himself and his wife in the north part of Lot 8 in Concession 9 that included, but is not limited to, the removal of trees, the installation of culverts and the grading of the road without the necessary approvals of the Council of the City of Pickering and without entering into an agreement that may have led to that portion of the UxbridgeIPickering Townline being opened and assumed as a public highway; and WHEREAS the staff of the City of Pickering have acted professionally and in good faith in all their dealings with Councillor Johnson as it relates to tree cutting activities on his property and his request to use the UxbridgelPickering Townline and Sideline 8 to remove those trees from that property; NOW THEREFORE BE IT RESOLVED THAT: 1. The J ohnsons provide to the City of Pickering an accounting of trees removed from the T ownline and Sideline 8 road allowances and any trees removed from property other than that belonging to the Johnsons adjacent to the road allowances and that such accounting include any moneys received by the Johnsons, or on their behalf, for the sale of such trees; and further, that the Johnsons provide a plan suitable to the City for the appropriate replacement of those trees removed. 2. The Johnsons shall file plans with the appropriate City staff to remediate the damage occasioned on the Townline and Sideline 8 and put both unopened road allowances as near as practicable into the state they were in prior to the actions of Rick Johnson on or before June 30, 2002. Such plans shall include engineering, environmental and forestry reports and any other reports as may be required. Such plans shall identify materials appropriated from the City of Pickering or other sources to build a roadway. Such plans shall also include cost estimates for the work, including cost estimates for the materials appropriated from the City and other sources. Upon obtaining the approval of City staff and reasonable attempts to obtain the approval of the Township of - -2- Council Meeting Minutes Monday, Novernber 19,2001 8:20 p.m. Uxbridge, the City and the Johnsons shall enter into an agreement to the satisfaction of the Chief Administrative Officer and the Solicitor, with appropriate financial security, to ensure the necessary remedial work is carried out. 3. In the event that Recommendation 2 is not carried out by the Johnsons, the City will undertake the necessary remediation, including all environmental and forestry work. All charges for such work shall be the responsibility of the Johnsons. The City may avail itself of any and all legal remedies to collect any charges not paid by the Johnsons and furthermore such charges may be a lien on any property in the City of Pickering owned by the Johnsons. - 4. The Johnsons will pay to the City its costs of this investigation and any staff time with respect to the unauthorized activities on the Townline and Sideline 8. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs Absent: Councillor Johnson Resolution #151/01 - Appendix #1 Moved by Councillor Ryan Seconded by Councillor Brenner That the Report of the Planning Committee dated November 12, 2001 be adopted. - CARRIED Resolution #152/01 - Appendix #11 Moved by Councillor Ryan Seconded by Councillor Johnson That the Report of the Committee of the Whole dated November 12, 2001 be adopted. CARRIED Resolution #153/01 Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS the Durham District School Board's proposed accommodation plan indicates that the Valley View Public School in Greenwood is to close; and WHEREAS the members of the community, students and parents strongly support this school remaining open; and - WHEREAS the Save Valley View Public School Committee are reviewing the accommodation plan and wish to provide a presentation to the Standing Committee and all Trustees on their analysis and ideas; and WHEREAS the Greenwood and area is a vibrant and growing community and Valley View Public School is essential to providing the best educational environment for the children in the area; and - 3 - Council Meeting Minutes Monday, November 19,2001 8:20 p.m. WHEREAS to close the existing excellent school in Greenwood to save a small sum would require busing these children to another distant school and exasperating their already existing overcrowded conditions and adding the need to build additions; and - WHEREAS we recognize the value of providing these educational services to residents in the communities where they live and the essential element in the sense of community that they provide; and NOW THEREFORE the City of Pickering requests that the Durham District School Board recognize the important role of Valley View Public School and ensure that it remains open and continues to serve the community; and FURTHER THAT this motion be forwarded to: . Grant Yeo, Director of Education, Durham District School Board . Ron Trbovich, SuperintendentlBusiness & Finance, Durham District School Board . The Honourable Janet Ecker, M.P.P., Minister of Education . Public School Trustees, Durham District School Board. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs eM BY-LAWS That Councillor Ryan, seconded by Councillor Johnson, took leave to introduce by-laws of the City of - Pickering: By-law Number 5905/01 Being a by-law to dedicate Block 178, Plan 40M-1810 (pineview Lane) as public highway. By-law Number 5906/01 Being a By-law to dedicate Blocks 21,22,23 and 24, Plan 40M-2056 (Pineview Lane) as public highway. By-law Number 5907/01 Being a By-law to name Blocks 21,22,23 and 24, Plan 40M-2056 (pineview Lane). By-law Number 5908/01 Being a by-law to assume Lots 1 to 50, both inclusive and Blocks 51 to 61, both inclusive, Plan 40M-1737, Pickering, for public use as public highways under the jurisdiction of the City. By-law Number 5909/01 Being a by-law to assume services under the jurisdiction of the City in Plan 40M -1737, Pickering. - By-law Number 5910/01 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. -4- Council Meeting Minutes Monday, November 19,2001 8:20 p.m. By-law Number 5911/01 Being a by-law to assume Lot 1 and Blocks 2 to 39, inclusive, Plan 40M-1745, Pickering, for public use as public highways under the jurisdiction of the City. - By-law Number 5912/01 Being a by-law to assume services under the jurisdiction of the City in Plan 40M-1745, Pickering. By-law Number 5913/01 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 5914/01 Being a by-law to declare certain municipal lands being Block H, Plan M-11, save & except Part 1, Plan 40R-6810 as surplus to the needs of the City of Pickering and to authorize the sale of same, all in accordance with By-law 5627/00. By-law Number 5915/01 Being a by-law to amend By-law Number 5784/00 to appoint persons to committees. By-law Number 5916/01 Being a by-law to amend By-law Number 5784/00 to appoint persons to committees. - By-law Number 5917/01 Being a by-law to appoint Brad Suckling as a municipal law enforcement officer for the purpose of enforcing By-law Number 2359/87, as amended, (Parking By-law). By-law Number 5918/01 Being a by-law to appoint a By-law Enforcement Officer for certain purposes (Parking Regulation 1822 Whites Road, Amberlea Plaza). By-law Number 5919/01 Being a by-law to appoint a By-law Enforcement Officer for certain purposes (Parking Regulation 1822 Whites Road, Amberlea Plaza). CARRIED THIRD READING: - Councillor Ryan, seconded by Councillor Johnson, moved that the report of the Committee of the Whole on By-law Numbers 5905/01, 5906/01, 5907/01, 5908/01, 5909/01, 5910/01, 5911/01, 5912/01, 5913/01, 5914/01, 5915/01, 5916/01, 5917/01, 5918/01 and 5919/01, 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. CARRIED - 5 - Council Meeting Minutes Monday, November 19, 2001 8:20 p.m. (V) CONFIRMATION BY-LAW Bv-Iaw Number 5920/01 - Councillor Johnson, seconded by Councillor Brenner, 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 November 19, 2001. CARRIED eVl) ADJOURNMENT The Meeting adjourned at 9:05 p.m. DATED ~~~ MAYOR /7 tit #; t~~RK ~ - - - 6 - Appendix I Planning Committee Report PC-200l/03 That the Planning Committee of the City of Pickering having met on November 12, 2001, presents its third report to Council and recommends: 1. PLANNING & DEVELOPMENT REPORT PD 38-01 ZONING BY-LAW AMENDMENT APPLICATION A 08/01 E. WILLIAMSON SOUTH PART OF LOT 32, CONCESSION 1 (EAST SIDE OF ALTONAROAD. NORTH OF SHEPPARD AVENUE) - 1. That Zoning By-law Amendment Application A 08/01, submitted by E. Williamson, on the lands being South Part of Lot 32, Concession 1, City of Pickering, to amend the zoning of the lands from "A" - Rural Agricultural to an appropriate zone category to recognize the existing dwelling and detached garage containing a second dwelling unit, and to permit the creation of 4 additional residential lots, fronting Altona Road, with minimum frontages of 15.0- metres, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 38-01; and 2. That the request made by E. Williamson, to permit the division of the subject lands, being South Part of Lot 32, Concession 1, to create a total of 4 additional residential building lots through land severance rather than by draft plan of subdivision, be APPROVED. 2. PLANNING & DEVELOPMENT REPORT PD 37-01 DRAFT PLAN OF SUBDIVISION APPLICATION S-P 2000-04 ZONING BY-LAW AMENDMENT APPLICATION A 02/01 SEAN MICHAEL GREENE PART OF LOT 3, PLAN 282 (ROCKWOOD DRIVE. NORTH OF HOGARTH STREET) - 1. That City Council recommend to Region of Durham, that Draft Plan of Subdivision Application S-P 2000-04, as revised, submitted by Sean Michael Greene, on lands known as Part of Lot 3, Plan 282, City of Pickering, be APPROVED AS FURTHER REVISED, subject to the conditions outlined in Appendix I to Report Number PD 37-01. 2. That Zoning By-law Amendment Application A 02/01, to implement Draft Plan of Subdivision S-P 2000-04 as revised, be APPROVED, subject to the conditions outlined in Appendix II to Report Number PD 37-01. 3. PLANNING & DEVELOPMENT REPORT PD 39-01 FIVE-YEAR REVIEW OF THE PROVINCIAL POLICY STATEMENT CITY OF PICKERING COMMENTS 1. That Report to Council PD 39-01, on the five-year review of the Provincial Policy Statement, be received for information; and 2. That the comments contained in Regional Planning Commissioner's Report No. 2001-P-84, provided as Appendix I to Report to Council PD 39-01, be endorsed as the City of Pickering's submission to the Province of Ontario on the Provincial Policy Statement review; and - 3. That a copy of Report to Council PD 39-01, together with a copy of Pickering Council's resolution on the matter, be forwarded to the Ministry of Municipal Affairs and Housing, and the Region of Durham; and - 7 - Appendix I Planning Committee Report PC-200l/03 4. That the Council of the City of Pickering stresses the importance of affordable housing as a component of sustainable communities, and strongly urges the Minister of Municipal Affairs and Housing to go beyond the statements in the Provincial Policy Statement by immediately implementing programs, tax changes, and incentives necessary to enable the provision of affordable housing. - 4. PLANNING & DEVELOPMENT REPORT PD 40-01 DURHAM TRANSPORTATION MASTER PLAN PUBLIC CONSULTATION DRAFT - SEPTEMBER, 2001 CITY OF PICKERING COMMENTS 1. That Report Number PD 40-01, of the Director, Planning & Development and the Director, Operations & Emergency Services, on the Durham Transportation Master Plan: Public Consultation Draft - September, 2001, be endorsed as Pickering's comments to the Region; 2. That Regional Council and staff be advised that Pickering Council requests that the Transportation Master Plan (TMP) remain with Regional staff and not be forwarded to Council until the Region consults with the City and collaborates on an approach to the proposed transportation matters for the East Duffins Area, Seaton and the Federal lands, in light of the significance of the TMP in forming the basis for Regional funding mechanisms; 3. That Regional staff be requested to: release the four remaining working papers and the Environmental Assessment Summary Report; commence a dialogue between Pickering and Regional staff to address the outstanding matters as noted in Recommendation #2; and prepare and release a revised draft Transportation Master Plan for consultation; - 4. That Report to Council PD 40-01, including the comments contained in Appendix I, be forwarded to the Chair of the Project Management Team of the Durham Mobility Study, and the Clerks of the Region of Durham, and the area municipalities. - - 8 - Appendix n Committee of the Whole Report COW-200l/14 That the Committee of the Whole, having met on November 12, 2001, presents its fourteenth report to Council and recommends: 1. CLERKS REPORT CL 43-01 AJAX PICKERING TRANSIT AUTHORITY (APTA) APPOINTMENTS TO APTA BOARD OF MANAGEMENT - 1. That Clerk's Report CL 43-01 regarding appointments to the Ajax Pickering Transit Authority Board of Management be received; and 2. That Mayor Arthurs and Councillors Brenner and Pickles be appointed to the permanent Board of Management of the Ajax Pickering Transit Authority effective January 1, 2002; and 3. That the draft by-law to confirm these appointments be forwarded to Council for enactment. 2. CLERKS REPORT CL 42-01 APPOINTMENT TO FILL VACANT POSITIONS WATERFRONT COORDINATING COMMITTEE AND PUBLIC LffiRARY BOARD 1. That Clerk's Report CL 42-01 regarding the resignation of a member of the Waterfront Coordinating Committee and the Public Library Board be received; and 2. That the resignation of Dean Harbridge from the Waterfront Coordinating Committee be received with regret. - 3. That Peggy Wilmot be appointed to the Waterfront Coordinating Committee for a term to expire on November 30,2003. 4. That the draft by-law to appoint Peggy Wilmot be forwarded to Council for enactment. 5. That the resignation of Jill Foster from the City of Pickering Public Library Board be received with regret. 6. That pursuant to Section 11(1) of the Public Libraries Act, the Clerk is directed to place a notice in the Community Page of the News Advertiser inviting applications from residents to fill the vacant position. 3. CLERKS REPORT CL 44-01 DURHAM AGRICULTURAL ADVISORY COMMITTEE (DAAC) NOMINATION OF PUAL PISTRITTO TO (DAAC) 1. That Clerk's Report CL 44-01 regarding the membership selection for the Durham Agricultural Advisory Committee be received; and 2. That the Council of the City of Pickering hereby nominates Paul Pistritto for appointment to the Durham Agricultural Advisory Committee by the Council of the Regional Municipality of Durham. - - 9 - Appendix IT Committee of the Wbole Report COW-2001/14 4. CLERKS REPORT CL 41-01 PAW JOINT ANIMAL CONTROL COMMITTEE PET ADOPTION AND EUTHANASIA - That the motion of the PAW Joint Animal Committee dated October 17, 2001 respecting Pet Adoption and Euthanasia be received for information. 5. PROCLAMATIONS "2001 AIDS AWARENESS WEEK" "HEART & STROKE MONTH' That Mayor Arthurs be authorized to make the following proclamations: "2001 AIDS Awareness Week" - November 26-30,2001 "Heart & Stroke Month" - February, 2002 - - - 10 -