HomeMy WebLinkAboutNovember 18, 2002 Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
(I)
ADOPTION OF MINUTES
Regular Meeting of November 4, 2002
Special Meeting of November 4, 2002
(11)
1.
DELEGATIONS
David Grey-Eagle, representing the Huron Wendat Nation, will address Council
with respect to the Notice of Motion regarding the preservation of aboriginal
cultural, heritage and archaeological sites.
(Iff)
1.
RESOLUTIONS
To adopt the Committee of the Whole Report dated November 11,
2002.
To consider proclaiming November 17-23, 2002 as Drug Awareness
Week and December, 2002 as Lung Association Awareness Month.
PAGE
1-3
4-6¸
(IV) BY-LAWS
By-law Number 6054/02
Being a by-law to dedicate Blocks 23 & 24, Plan 40M-2068; Parts of Lot 5,
Plan 282, Pickering, designated as Parts 2, 4, 5, 8 and 12, Plan 40R-21166;
Part Block 22, Plan 40M-2068, designated as Part 13, Plan 40R-21166; and
Part Block 21, Plan 40M-2068, designated as Part 14, Plan 40R-21166 as
public highway.
By-law Number 6055/02
Being a by-law to name Blocks 23 & 24, Plan 40M-2068; Parts of Lot 5, Plan
282, Pickering, designated as Parts 2, 4, 5, 8 and 12, Plan 40R-21166; Part
Block 22, Plan 40M-2068, designated as Part 13, Plan 40R-21166; and Part
Block 21, Plan 40M-2068, designated as Part 14, Plan 40R-21166 as
"Rockwood Drive.
7-10
11-12
Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
By-law Number 6056/02
Being a By-law to authorize the granting of an Easement in favour of Bell
Canada over that part of Block BX, Plan M-11, Pickering, designated as Part
3, Plan 40R-20134.
By-law Number 6057/02
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 31, Concession 2, in the City
of Pickering. (SP-2001-02, A 9/01)
PURPOSE:
LOCATION:
AI'PI,ICANT:
ZONING BY-LAW
2030 ROSEBANK ROAD
ROSEBA, NK C, ARI)EN HOllIES INC.
By-law Number 6058/02
Being a by-law to appoint By-law Enforcement Officers for certain purposes
(Parking Regulation - 1355 Kingston Road, 1203-1257 Bayly St. and 1918
Whites Road).
13-16
17-25
26-27
(v)
1.
NOTICE OF MOTION
Moved by Councillor Pickles
Seconded by Councillor Johnson
28-29
WHEREAS By-law 1983/85 regulates the operation of dirt bikes and other off-
read vehicles in the City under the authority of Section 14.1 of the Off-Road
Vehicles Act; and
WHEREAS the main restrictions of this By-law are:
· No person shall operate an off-read vehicle without authority from the
occupier of the property.
· No person shall operate an off-read vehicle south of the Hydro right-of-way
that crosses the City in the area of Concession 3 Road; and
PICKER1NIG
Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
WHEREAS the operation of an off-road vehicle or dirt bike on highways is
regulated under the Highway Traffic Act; and
WHEREAS the new Municipal Act may allow the municipality some powers with
respect to dirt bikes as follows:
Section 128(1) states that "A local municipality may prohibit and regulate with
respect to public nuisances, including matters, that, in the opinion of Council,
are or could become or cause public nuisances."
Section 129 (1) states that "A local municipality may prohibit and regulate with
respect to noise, vibration, odour, dust and outdoor illumination .... "
Section 170 states that "A local municipality may prohibit or license, regulate
and govern the racing of motor vehicles and the holding of motor vehicle
races"; and
WHEREAS a very sad and unfortunate incident occurred this summer in north
Pickering in which a young boy was killed operating an ali-terrain vehicle on a
course on private property; and
WHEREAS residents in north Pickering were very saddened and concerned
about the circumstances of this death; and
WHEREAS residents have raised a number of concerns about noise, dust and
other nuisances related to the operation of all-terrain and off-road vehicles;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the City of Pickering directs staff to prepare a draft by-law for consideration at a
Finance and Operations Committee that would regulate the operation of all-
terrain and off-road vehicles at facilities; and
THAT staff, in preparing a draft by-law, consult with the Ministry of Transportation
and Durham Regional Police; and
THAT the said by-law include appropriate fines for violation of the by-law; and
HCKERING
Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
THAT the said by-law specify the circumstances under which off-read vehicles,
including all-terrain vehicles, dirt bikes, and snowmobiles, and related facilities,
would be permitted; and
THAT staff forward the draft by-law to Committee for consideration no later than
the March 2003 meeting of the Finance and Operations Committee.
Moved by Councillor Brenner
Seconded by Councillor Pickles
30-31
WHEREAS residents in the rural community of the City of Pickering have
expressed concerns about the use of sewage biosolids for the purpose of
fertilizing soil on agricultural lands; and
WHEREAS the effects of the use of sewage biosolids on wetlands and
groundwater sources has not been determined; and
WHEREAS it is the responsibility of the Ministry of the Environment to issue
Certificates of Approval for Organic Soil Conditioning Sites that allow for the use
of sewage biosolids; and
WHEREAS the Council of the Municipality of Clarington has also expressed
concern about the use of sewage biosolids in that municipality;
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby endorses the following resolution passed by the Council of the
Municipality of Clarington on October 28, 2002:
WHEREAS the Ministry of the Environment issued Certificates of
Approval for Organic Soil Conditioning Sites provided the
applicants meet the conditions required by the Environmental
Protection Act and Ontario Regulation 347;
AND WHEREAS Certificates of Approval have been issued for
various sites throughout the Municipality of Clarington without
municipal consultation;
Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
AND WHEREAS the spreading of sewage biosolids has caused
concern with residents of the municipality in regard to the possible
effects on wetlands and groundwater sources;
NOW THEREFORE BE IT RESOLVED THAT the Ministry of the
Environment be requested to suspend all current Certificates of
Approval and withhold granting of any future certificates on lands
located within the Municipality of Clarington and that the Regional
Health Department receive a copy of this resolution.
AND FURTHER THAT the Council of the City of Pickering hereby also requests
the Ministry of the Environment to suspend all current Certificates of Approval for
Organic Soil Conditioning Sites and withhold granting any future Certificates on
lands within the City of Pickering until the full environmental effects of using
biosolids is determined; and
FURTHER THAT a copy of this resolution be forwarded to:
· Regional Municipality of Durham
· All Durham area municipalities
· The Honourable Janet Ecker, MPP, Pickering-Ajax-Uxbridge
Moved by Councillor Brenner
Seconded by Councillor Holland
32-39
That the Council of the Corporation City of Pickering adopt the following practices
in assessing all matters of development and or redevelopment within the City of
Pickering:
1. All significant aboriginal cultural heritage and archaeological sites shall be
preserved.
2. An Archaeological Master Plan shall be developed to incorporate any and all
available information on such sites and that Plan be subject to approvals from
the appropriate First Nation.
3. A minimum 120- metre archaeological heritage zone shall be created around
all watercourses. Approval of any development within this area will be
contingent upon recommendation of an independent archaeological
assessment completed to the satisfaction of planning staff and the most
PICKER1NG
Council Meeting
Agenda
Monday, November 18, 2002
7:30 P.M.
q
directly affected First Nation. And that these practices be considered as a
bench mark throughout the GTA and that this recommendation be forwarded
to the Provincial Smart Growth Committee for its endorsement.
Exhumation and re-burial of human remains for the purpose of facilitating
development shall be prohibited.
And that staff of the Department, Planning and Development take the necessary
steps to incorporate these practices in all policies and procedures that govern
development within the City of Pickering; and
That this resolution along with a copy of Report to Council MBCO 2-02 be
forwarded to all Durham Regional Municipalities for endorsement and to all
Municipal Councils within the Province of Ontario; and
That this resolution be forwarded to the Honourable Robert Daniel Nault, Minister
of Indian Affairs & Northern Development Canada with the request that all
significant aboriginal cultural heritage and archaeological sites be designated as
sites of national importance.
(VI) OTHER BUSINESS
(VII) CONFIRMATION BY-LAW
(VIII) ADJOURNMENT
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Committee of the Whole dated November 11, 2002, be
adopted.
CARRIED:
MAYOR
Appendix I
Committee of the Whole
COW 2002-11
That the Committee of the Whole of the City of Pickering having met on November 11,
2002, presents its eleventh report to Council and recommends:
CHIEF ADMINISTRATIVE OFFICE REPORT CAO 07-02
TENDER / CONTRACT APPROVAL
COUNCILS' SUMMER RECESS
1. That Report to Council CAO 07-02 reporting on tender and contract
approvals during Councils' Summer Recess, be received; and
That Council pass a resolution ratifying the approval of the Tenders and
Contracts contained in this Report by the Chief Administrative Officer during
Council's summer recess (i.e. from June 25 to July 26, 2002 and from July
30, 2002 to September 6, 2002) being Tenders T206-2002; T7-2002, T3-
2002 and the Fire Services Telephone System Replacement Contract; and
a)
That the Director, Corporate Services & Treasurer be authorized to
finance the Granite Court Bridge Repair (T-3-2002) project through the
issuance of debt through the Region of Durham; and
b) That debt financing in the amount of $t00,000 for a period not exceeding
10 years, at a rate to be determined, be approved; and
c)
That financing and repayment charges in the amount of approximately
$14,000.00 be included in the annual Current Budget for the City of
Pickering commencing in 2003 and continuing thereafter until the loan is
repaid; and
d)
That the Director, Corporate Services & Treasurer has certified that this
loan and the repayment falls within the City's Debt and Financial
Obligations approved Annual Repayment limit for debt and other financial
obligations for 2002 as established by the Province for municipalities in
Ontario; and
e) That the Director, Corporate Services & Treasurer be authorized to take
any actions necessary in order to effect the foregoing.
-3-
Appendix I
Committee of the Whole
COW 2002-11
CLERKS REPORT CL 36-02
2003 ANIMAL SERVICES BUDGET
1. That Clerk's Report CL 36-02 regarding the proposed 2003 Animal Services
Budget, be received; and
That the Council of the Corporation of the City of Pickering hereby approve
the 2003 Animal Services Budget as recommended by the Pickering, Ajax
and Whitby Joint Animal Services Committee at its meeting of October 16,
2002.
CLERKS REPORT CL 36-02
APPOINTMENTS TO THE SITE PLAN COMMITTEE
That Report CL 38-02 regarding appointments to the Site Plan Committee, be
received; and
That the following three Councillors be appointed to the Site Plan Committee
for a term to expire on November 30, 2003:
1. Councillor McLean
2. Councillor Pickles
3. Councillor Ryan
-4-
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That Mayor Arthurs be authorized to make the following proclamations:
"Drug Awareness Week"- November 17-23, 2002
"The Lung Association Awareness Month"- December, 2002
CARRIED:
MAYOR
O~tano Oru9 Awareness Part.er, hip
October 21, 2002
Mayor & Council
The Corporation of the City of Pickering
One the Esplanade
Picketing, Ontario L1V 6K7
RE: Proclamation Request
Dear Madame or Sir,
On behalf of over 200 Drug Awareness Committees in Ontario, the Ontario Drug
Awareness Partnership would like to apply for a proclamation that the week of
November 17-23, 2002 be officially proclaimed Drug Awareness Week.
This year's theme for Drug Awareness Week (DAW) is:
"Drug Awareness. We can make a difference."
During Drug Awareness Week, Drug Awareness Committees throughout the province
will highlight the many ways that communities can make a difference with regard to
alcohol and drug awareness, particularly concerning binge-drinking, marijuana and
medications.
In 1987, the Honourable Jake Epp proclaimed that the third week of November would be
known as National Addictions Awareness Week or Drug Awareness Week. Ontario-wide
partners in the promotion of this week include the Centre for Addiction and Mental
Health, Parent Action on Drugs, Council on Drug Abuse, Alcohol and Drug Concerns,
Association to Reduce Alcohol Promotion in Ontario, Alcohol Policy Network, a Project
of the Ontario Public Health Association, the Association of Local Public Health
Agencies, the Ontario Pharmacists' Association and the Royal Canadian Mounted
Police.
If so desired, I can put you in contact with your Drug Awareness Committee. Please call
me with questions or for further directions at 1-800-746-3852. Attached to this letter is a
draft sample of wording.
S~_;~_.erely, .
Pat Sanagan, Co-ordinator,
Ontario Drug Awareness Partnership
137 Woburn Avenue, Toronto, ON M5M 1K8
HOV-05-02
.:'{
04:81 PM THE LUHF- AS$OOIATIOIq
I 985 72~ ~151
P.02
D~harn Area . ,~
1627 Dundas StrelR ~ast . ~
~it~, ON LIN 2K9 "
Tel: (~) 43~1~ F~: (~5) 723-3151 , ~
http://vavw, on ,lung.ca
O~ober 25~', 2002
Clerks Depart~.,nt
Dear Mayor &iCouncillors,
LU Association, Durham Region, we would respeotfully req~.~., lhat the
On behalf of ng . s The Lu Assooiation Awareness
Township ofT~gog prodaim the month of December 2002 a n8
month. ,
Through our (:hristmas Seal Campaign, The Lung Association h promoting lung health awareness
during the mo~ths of Nowmber and December. Residents in our municipality and across Ontario
Christmas seals and are asked to use these colourfuI seals as a reminder to their
tds to show their eommitmetn to improving lun$ health in our community. The
.on 8fatefully accepts donations to help prevent and control many lung diseases
~ and Chronic Obstructive Pulmonary Disease (COPD).
~losed some lung health statistics and a sample ofthis year's Lung Association's
We would be happy to address any questions you may have.
t'a.,nily and fli~
Lung Assodal
including astk
Piney
Community Project Assistant
Durham Region
PROCLAMATION
Please find
Christmas Sa
When You Can't Breathe, Nothing Else Matters.
Charitable Registration No. 12404 6368 RRO002
Thanking you in advance,
}
Mcli~e
Devclopment'{Co-ordinator
Durham RegiOn:
End, 2
PICKERING
REPORT TO
COUNCIL
Report Number: PD 49-02
Date: November 8, 2002
07
From:
Neil Carroll
Director, Planning & Development
Subject:
Road Naming and Dedication
- Norvalley Homes Ltd.
- Those Parts of Lot 5, Registered Plan 282, Pickering,
Parts 2, 4, 5, 8 and 12, Plan 40R-21166;
Part Block 21, Plan 40M-2068 (Part 14, Plan 40R-21166);
Part of Block 22, Plan 40M-2068 (Part 13, Plan 40R-21166); and
Blocks 23 & 24, Plan 40M-2068
Rockwood Drive
File: RdDed; D0204; 40M-2068
Recommendation:
By-laws should be enacted to name and dedicate the subject lands as public highway.
Executive Summary: Not Applicable.
Financial Implications: Not Applicable.
Background: On November 6, 2000, the developer herein entered into a
Subdivision Agreement respecting the development of the lands now referred to as
Plan 40M-2068. That Agreement, among other things, provided for the development of
18 lots and required the developer to retain two additional blocks for future
development purposes. These blocks would be retained by the developer until such
time as frontage was provided to them through the construction of a road on Block 23
within Plan 40M-2068 (designated as future road) and on lands lying directly adjacent to
Block 23 (undeveloped) which together, would satisfy the City's 20m standard road
allowance requirement. In 2002, the owner subsequently applied through Land
Division Applications LD 10/02 to LD 13/02 to sever the lands adjacent to plan of
subdivision 40M-2068 creating 5 new lots and providing the land required to complete
the road referred to above (Part 12, Plan 40R-21166).
(¥8
Report to Council PD 49-02
Subject: Road Naming and Dedication
Date:
November8,2002
Page 2
In addition to constructing a road on the lands comprising Block 23, Plan 40M-2068 and
Part 12, Plan 40R-21166, the developer was also required to convey certain lands to
the City at the northerly portion of the newly constructed road and construct thereon, a
turning circle to permanent standards (Parts 2, 4, 5, 8, 13 and 14, Plan 40R-21166).
These lands will remain in the ownership of the City until such time as the lands to the
north are developed and Rockwood Drive is extended through the new development
and the turning circle is removed. At that time, the City will reconvey the lands
comprising the turning circle to the adjacent owners, subject to the Municipal Act.
As the road and turning circle have been constructed satisfactory to City requirements,
it is now appropriate to dedicate;
(a)
(b)
(c)
(d)
Block 23, Plan 40M-2068;
Part of Blocks 21 and 22, Plan 40M-2068 (Parts 13 and 14, 40R-21166);
Parts of Lot 5, Plan 282 (Parts 2, 4, 5, 8 and 12, 40R-21166); and
Block 24, Plan 40M-2068'*
all as public highway, and name same "Rockwood Drive".
**Block 24, Plan 40M-2068 is a reserve block that was conveyed to the City upon the
registration of Plan 40M-2068. It lies at the northerly boundary of the exising portion of
Rockwood Drive and requires dedicating in order to permit legal access to the newly
constructed portion of road and the newly created lots.
The by-laws attached hereto will effect the naming and dedicating of the above
mentioned blocks.
Attachments:
1. Location Map.
2. Dedication By-law.
3. Naming By-law.
Report to Council PD 49-02
Subject: Road Naming and Dedication
Date:
November8,2002
Page 3
O9
Prepared By:
Approved / Endorsed By:
Denise Bye /
Coordinator, Property & Development
Services
Neil Carr~,~PP
Director, P~g & Development
DB:rd
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Cotmcll~,
_~/--- ~ , ~ ..
hO~nr'~ 37 Oui~, Chie~ministm~
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6054/02
Being a by-law to dedicate Blocks 23 & 24,
Plan 40M-2068; Parts of Lot 5, Plan 282,
Pickering, designated as Parts 2, 4, 5, 8 and
12, Plan 40R-21166; Part Block 22, Plan
40M-2068, designated as Part 13, Plan 40R-
21166; and Part Block 21, Plan 40M-2068,
designated as Part 14, Plan 40R-21166 as
public highway.
WHEREAS The Corporation of the City of Pickering is the owner of certain lands lying
in Pickering and wishes to dedicate them as a public highway.
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
(a) Blocks 23 & 24, Plan 40M-2068;
(b) Parts of Lot 5, Plan 282, Pickering, designated as Parts 2, 4, 5, 8 and 12,
Plan 40R-21166;
(c) Part Block 22, Plan 40M-2068, designated as Part 13, Plan 40R-21166;
and
(e) ' Part Block 21, Plan 40M-2068, designated as Part 14, Plan 40R-21166.
are hereby dedicated as public highway.
BY-LAW read a first, second and third time and finally passed this 18th day of
November, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CiTY OF PICKERING
BY-LAW NO. 60~/02
Being a by-law to name Blocks 23 & 24, Plan
40M-2068; Parts of Lot 5, Plan 282,
Pickering, designated as Parts 2, 4, 5, 8 and
12, Plan 40R-21166; Part Block 21, Plan
40M-2068, designated as Part 14, Plan 40R-
21166; and Part Block 22, Plan 40M-2068,
designated as Part 13, Plan 40R-21166 as
"Rockwood Drive".
WHEREAS, the City of Pickering is the owner of certain lands and the Council of The
Corporation of the City of Pickering dedicated those certain lands as public highway
under the jurisdiction of the The Corporation of the City Of Pickering; and
WHEREAS pursuant to the Municipal Act, the Council of a local municipality may pass
by-laws for giving names to or changing the names of highways; and
WHEREAS it is now desirable to name those portions of dedicated highway as
"Rockwood Drive".
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
(a) Blocks 23 & 24, Plan 40M-2068;
(b) Parts of Lot 5, Plan 282, Pickering, designated as Parts 2, 4, 5, 8 and 12,
Plan 40R-21166;
(c) Part Block 22, Plan 40M-2068, designated as Part 13, Plan 40R-21166;
and
(d) Part Block 21, Plan 40M-2068, designated as Part 14, Plan 40R-21166
are hereby named "Rockwood Drive".
BY-LAW read a first, second and third time and finally passed this 18th day of
November, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ATTACHMENT ~'~TO
REPORT ~ PD~
W
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Ld
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City of Pickenng
PINE GROVE
-',
£
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AVENUE
tQ PROH
ROAD DEDICATION AND NAMING BY-LAWS
LL ST
Planning & Develo
)ment Departmeni
-Block 23, Plan 40M-2068 ~
-Block 24, Plan 40M-2068
7'
-Port of Block 21, (Part 14, Plan 40R-21166)
-Part of Block 22, (Part 13, Plan 40R-21166)
-Those Parts of Lot 5, Registered Plan 282 being Parts 2, 4, 5, 8, and 12, Plan 40R-21166
REPORT TO
COUNCIL
Report Number: PD 51-02
Date: November 8, 2002
From:
Neil Carroll
Director, Planning & Development
Subject:
Bell Canada Easement
Part of Block BX, Plan M-11, Pickering,
designated as Part 3, Plan 40R-20134
(Bayly Street Reserve)
File: RE0206
Recommendation:
A by-law should be enacted to authorize the execution of a Transfer of Easement to
Bell Canada for access purposes over City lands.
Executive Summary: Not Applicable.
Financial Implications: Not Applicable.
Background: We have received a letter from the Solicitor for Bell Canada
requesting that the City grant an easement in favour of Bell Canada, for access
purposes, over the lands described as Part 3 on the attached sketch. Granting this
easement will enable Bell to legally access the equipment cabinet they have located on
the Parts 1 and 2 lands from Bayly Street.
The subject land is a reserve that is in the ownership of the City. Granting this
easement will in no way impact the City, but it will satisfy a legal technicality. This
request has been circulated to various staff departments and there is no objection.
Accordingly, it is being recommended that the attached by-law be enacted.
Report to Council PD 51-02
Subject: Bell Canada Easement
Date: November 8, 2002
Page 2
Attachments:
1. Draft by-law.
2. Location Map.
Prepared By:
Denise By6, Coordinator
Property & Development Services
Approved / Endorsed By:
N e i1¢1~ a fro ~_~ (P,,~..P,. P ~,/'
Director, Plan~evelopment
DB:td
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
Th~t'~ j. O~n, Chef Adm~
THE CORPORATION OF THE CITY Of PICKERING .~. 5
BY-LAW NO. 6056/02
Being a by-law to authorize the granting of an
Easement in favour of Bell Canada over that
part of Block BX, Plan M-11, Pickering,
designated as Part 3, Plan 40R-20134.
WHEREAS the City of Pickering is the owner of that part of Block BX, Plan M-11,
Pickering, designated as Part 3, Plan 40R~20134;
AND WHEREAS, Bell Canada requires an access easement over that portion of land
owned by the City;
WHEREAS pursuant tothe Municipal Act, R.S.O. 1990, chapter M.45, the Council of
the City may pass by-laws for disposing of interests in lands;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Transfer of an
Easement, in a form satisfactory to the Solicitor for the City, from The
Corporation of the City of Pickering to Bell Canada over that part of Block BX,
Plan M-11, Pickering, designated as Part 3, Plan 40R-20134.
BY-LAW read a first, second and third time and finally passed this 18th day of
November, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
', .... f [[l~ I~ ~
BA YL Y STREET
SUBJECT --~
j AREA
/ PART2 --/~ ~
RTl
POPRAD
OPERATIONS & EMERGENCY
MUNICIPAL PROPERTY &
ENGINEERING DIVISION BLOCK BX, REG'D PLAN
~c~E: °^T~CTOBER 3~, 2002 M-1 1, PARTS 1,2 & 3
~:~oo 40R-20134 PICK F, ING
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
November 7, 2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Ross Pym
Principal Planner- Development Review
Draft Amending By-law for
Zoning By-law Amendment Application A 09/01
Rosebank Garden Homes Inc. on behalf of I. E. Holmes
Part of Lot 31, Concession 2
2030 Rosebank Road
City of Pickering
On June 17, 2002, City Council recommended approval of Zoning By-law Amendment
Application A 09/01 to permit the development of a plan of subdivision on the subject
lands.
The attached draft by-law has been circulated to and approved by the applicant. The
conditions of approval, related to the forwarding of the implementing by-law have been
satisfied.
The associated draft plan of subdivision SP-2001-02 has been appealed to the
Ontario Municipal Board by an adjacent land owner. The applicant has requested that
City Council consider the attached implementing by-law in order to resolve all issues at
the Ontario Municipal Board.
A Statutory Public Meeting was held for this application on August 9, 2001.
The purpose and effect of this by-law is to amend the zoning of the subject lands to
permit the development of detached dwelling units, and semi-detached dwelling units.
The By-law also zones a portion of the land open space.
Draft Amending By-law for Zoning By-law Amendment
Application A 09/01
November 7, 2002
Page 2
If you require further assistance or clarification, please do not hesitate to contact the
undersigned.
I concur that this by-law
be considered at this time.
Director, P'l'~g.& Development
TB:td
Tbamett\Holmes - bylaw memo.doc
Attachment
CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6057~02
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 31, Concession 2, in the
City of Pickering. (SP-2001-02, A 9/01 )
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit the development of detached and semi-detached residential dwellings;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is
hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this Byqaw shall apply to those lands in Part of Lot 31,
Concession 2, designated "S5-2 ", "SD-7" and "OS-HL" on Schedule I attached
hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected,
moved, or structurally altered except in conformity with the provisions of this By-
law.
DEFINITIONS
In this By-law,
(1) (a) "Dwellinq" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b)
"Dwelling Unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(c) "Dwellinq, Single or Single Dwelling', shall mean a single dwelling
containing one dwelling unit and uses accessory hereto;
(d)
"Dwelling, Detached or Detached Dwelling" shall mean a single
dwelling which is freestanding, separate, and detached from other
main buildings or structures;
(e)
"Dwellinq, Semi-Detached or Semi-Detached Dwellinq" shall mean one
of a pair of single dwellings, such dwellings being attached above
grade by a common wall which extends from the base of the
(2)
(3)
(4)
(5)
foundation to the roof line and for a horizontal distance of not less than
6 metres;
(a)"FIoor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(b)
"Gross Floor Area - Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the
case may be, other than a private garage, an attic, or a cellar;
(a) __
"Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as
the case may be, together with any accessory buildings or structures,
or a public park or open space area, regardless of whether or not such
lot constitutes the whole of a lot or block on a registered plan of
subdivision;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
(c)
"Lot Frontaqe" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front
lot line;
"Private Garage" shall mean an enclosed or partially enclosed structure
for the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
(a) __
"Yard" shall mean an area of land which is appurtenant to and located
on the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(e)
"Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line of the lot, or where there is
no rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
(0
"Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard, and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g)
"Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
(h)
"Flankaqe Side Yard" shall mean a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a
street;
(i) "Flankaqe Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line adjoining
a street or abutting on a reserve on the opposite side of which is a
street, and the nearest wall of the nearest main building or structure on
the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
PROVISIONS
(1) (a) Uses Permitted ("S5-2" Zone)
No person shall within the lands designated "S5-2" on Schedule 1
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) detached dwelling residential use;
(b) Zone Requirements ("S5-2" Zone)
No person shall within the lands designated "S5-2" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except
in accordance with the following provisions:
(i) LOT AREA (minimum): 250 square metres;
(ii) LOT FRONTAGE (minimum): 9.0 metres;
(iii) FRONT YARD DEPTH (minimum): 4.5 metres;
(iv) SIDE YARD WIDTH (minimum): 1.2 metres one side
and 0.6 metres on
the other side;
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(vi) REAR YARD DEPTH (minimum): 7.5 metres;
(vii) LOT COVERAGE (maximum): 48 percent;
(viii) BUILDING HEIGHT (maximum): 12.0 metres;
(ix) DWELLING UNIT REQUIREMENTS: maximum one
dwelling unit per lot and minimum gross floor area residential of
100 square metres;
(x) PARKING REQUIREMENTS:
A minimum one private garage per lot attached to the main
building, any vehicular entrance of which shall be located
not less than 6 metres from the front lot line, and not less
than 6 metres from any side lot line immediately
adjoining a street or abutting on a reserve on the
opposite side of which is a street;
B no part of any attached private garage shall extend more
than 2.5 metres beyond the wall containing the main
entrance to the dwelling unit, except
21
.2,2
(2)
4
where a covered and unenclosed porch or verandah
extends a minimum of 1.8 metres from the wall
containing the main entrance to the dwelling unit, no
part of any attached private garage shall extend more
than 3.0 metres beyond the wall containing the main
entrance to the dwelling unit; or
where a covered and unenclosed porch or verandah
extends a minimum of 2.0 metres from the wall
containing the main entrance to the dwelling unit and
where second storey habitable floor space located
above the garage is set back no more than 2.5
metres beyond the vehicular entrance of an attached
private garage, no part of any attached private garage
shall extend more than 6.0 metres beyond the wall
containing the main entrance to the dwelling unit;
(xi) SPECIAL REGULATIONS:
A
despite section 5.7 of By-law 3036, uncovered steps and
platforms not exceeding 2.0 metres in height shall, be
permitted to project a maximum of 1.5 metres into a
required rear yard; and
B
a bay window shall be permitted to project a maximum of
0.6 metres into any required flankage side yard.
(a) Uses Permitted ("SD-7" Zone)
No person shall within the lands designated "SD-7" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) semi-detached dwelling residential use;
(b) Zone Requirements ("SD-7" Zone)
No person shall within the lands designated "SD-7" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except
in accordance with the following provisions:
(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iii) FRONT YARD DEPTH (minimum):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
A 1.2 metres; and
B
205 square metres;
7.0 metres;
4.5 metres;
on the side where dwellings on adjacent lots are attached,
no side yard is required, provided any wall other than the
common wall that is on the side of the lot upon which the
dwellings are attached, or a direct extension thereof, shall be
set back from the lot line separating such lots as follows;
1.2 metres measured perpendicularly to such side lot
line if no side yard is provided on the abutting lot; or
0.6 metres measured perpendicularly to such side lot
line if a side yard is provided on the abutting lot;
(v)
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
(ix) DWELLING UNIT REQUIREMENTS:
(x)
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(3) (a)
7.0 metres;
50 percent;
12.0 metres;
maximum one
dwelling unit per lot and minimum gross floor area residential of
100 square metres;
PARKING REQUIREMENTS:
A
minimum one private garage per lot attached to the main
building, any vehicular entrance of which shall be located
not less than 6 metres from the front lot line, and not less
than 6 metres from any side lot line immediately adjoining
a street or abutting on a reserve on the opposite side of
which is a street;
B
maximum projection of the garage front entrance from the
wall containing the main entrance to the dwelling unit shall
not exceed 2.5 metres in length, whether or not such
garage has a second storey, except where a covered and
unenclosed porch or verandah extends a minimum of 1.8
metres from the wall containing the main entrance to the
dwelling unit, in which case no part of any attached
private garage shall extend more than 3.0 metres beyond
the wall containing the main entrance to the dwelling unit.
(xi) SPECIAL REGULATIONS:
A
despite section 5.7 of By-law 3036, uncovered steps and
platforms not exceeding 2.0 metres in height shall be
permitted to project a maximum of 1.5 metres into a
required rear yard; and
a bay window shall be permitted to project a maximum of
0.6 metres into any required flankage side yard.
Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on
Schedule I attached hereto use any lot or erect, alter or use any
building or structure for any purpose except the following:
(i) preservation and conservation of the natural environment,
soil and wildlife;
(ii) resource management;
(iii) pedestrian trails and walkways;
(b) Zone Requirements ("OS-HL"Zone)
No buildings or structures shall be permitted to be erected, nor
shall the placing or removal of fill be permitted, except where
buildings or structures are used only for purposes of flood and
23
MODEL HOMES
6
erosion control, resource management, or pedestrian trail and
walkway purposes.
a)
b)
despite the provisions of Section 6.1 of By-law 3036, a maximum of 8
Model Homes, together with not fewer than three parking spaces per
Model Home, may be constructed on the lands set out in Schedule I
attached hereto prior to division of those lands by registration of a plan of
subdivision.
for the purposes of this By-law, "Model Home" shall mean a dwelling unit
used exclusively for sales display and for marketing purposes pursuant to
an agreement with the City of Pickering, and not used for residential
purposes.
BY-LAW 3036
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this 18~h day of
Nov~mho~" , 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
OS-HL
S5-2
S5-2
N
SCHEDULE T TO BY-LAW 6057/02
PASSED THIS
DAY OF November 2002
MAYOR
CLERK
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6058/02
Being a by-law to appoint By-law Enforcement Officers
for certain purposes (Parking Regulation - 1355 Kingston
Road, t203-1257 Bayly St. and 1918 Whites Road)
WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE
PICKERING HEREBY ENACTS AS FOLLOWS:
CORPORATION OF THE CITY OF
That the following persons be hereby appointed as municipal law enforcement
officers in and for the City of Pickering I order to ascertain whether the provisions
of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law
and are hereby authorized to enter at all reasonable times upon lands
municipally known as:
a) 1355 Kingston Road (Pickering Town Centre:
James Lefave
1203-1257 Bayly St:
Cleon Gardner
David Hutchison
Luz Gardner
Steven Echeverd
c)
1918 Whites Road (St. Mary Catholic Secondary School):
Brenda McDonald (Vice Principal)
The authority granted in section 1 hereto is specifically limited to that set out in
section 1, and shall not be deemed, at any time, to exceed the authority set out in
section 1.
These appointments shall expire upon the persons listed in section l(a) ceasing
to be an employee of Pickering Town Centre or in section l(b) ceasing to be
employees of Actual Parking Services Ltd. or upon Actual Parking Services Ltd.
ceasing to be an agent of 1203-1257 Bayly St., or in section 1(c) ceasing to be
an employee of St. Mary Catholic Secondary School), or upon whichever shall
occur first.
4. By-law Number 5973/02 is hereby amended by deleting Jason Vassell.
BY-LAW read a first, second and third time and finally passed this 18th day of
November, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
NOTICE OF MOTION
DATE:
NOVEMBER 18, 2002
MOVED BY: COUNCILLOR PICKLES
SECONDED BY: COUNCILLOR JOHNSON
WHEREAS By-law 1983/85 regulates the operation of dirt bikes and other off-
road vehicles in the City under the authority of Section 14.1 of the Off-Road
Vehicles Act; and
WHEREAS the main restrictions of this By-law are:
No person shall operate an off-read vehicle without authority from the
occupier of the property.
No person shall operate an off-read vehicle south of the Hydro right-of-
way that crosses the City in the area of Concession 3 Road; and
WHEREAS the operation of an off-road vehicle or dirt bike on highways is
regulated under the Highway Traffic Act; and
WHEREAS the new Municipal Act may allow the municipality some powers with
respect to dirt bikes as follows:
Section 128(1) states that "A local municipality may prohibit and regulate
with respect to public nuisances, including matters, that, in the opinion of
Council, are or could become or cause public nuisances."
Section 129 (1) states that "A local municipality may prohibit and regulate
with respect to noise, vibration, odour, dust and outdoor illumination .... "
Section 170 states that "A local municipality may prohibit or license,
regulate and govern the racing of motor vehicles and the holding of motor
vehicle races"; and
WHEREAS a very sad and unfortunate incident occurred this summer in north
Pickering in which a young boy was killed operating an all-terrain vehicle on a
course on private property; and
WHEREAS residents in north Pickering were very saddened and concerned
about the circumstances of this death; and
WHEREAS residents have raised a number of concerns about noise, dust and
other nuisances related to the operation of all-terrain and off-road vehicles;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the City of Pickering directs staff to prepare a draft by-law for consideration at a
Finance and Operations Committee that would regulate the operation of all-
terrain and off-road vehicles at facilities; and
THAT staff, in preparing a draft by-law, consult with the Ministry of Transportation
and Durham Regional Police; and
THAT the said by-law include appropriate fines for violation of the by-law; and
THAT the said by-law specify the circumstances under which off-road vehicles,
including all-terrain vehicles, dirt bikes, and snowmobiles, and related facilities,
would be permitted; and
THAT staff forward the draft by-law to Committee for consideration no later than
the March 2003 meeting of the Finance and Operations Committee.
CARRIED:
Btaylor:Notices of Motion:Dirt Bikes
MAYOR
NOTICE OF MOTION
DATE:
NOVEMBER18,2002
MOVED BY: COUNCILLOR BRENNER
SECONDED BY: COUNCILLOR PICKLES
WHEREAS residents in the rural community of the City of Pickering have
expressed concerns about the use of sewage biosolids for the purpose of
fertilizing soil on agricultural lands; and
WHEREAS the effects of the use of sewage biosolids on wetlands and
groundwater sources has not been determined; and
WHEREAS it is the responsibility of the Ministry of the Environment to issue
Certificates of Approval for Organic Soil Conditioning Sites that allow for the use
of sewage biosolids; and
WHEREAS the Council of the Municipality of Clarington has also expressed
concern about the use of sewage biosolids in that municipality;
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby endorses the following resolution passed by the Council of the
Municipality of Clarington on October 28, 2002:
WHEREAS the Ministry of the Environment issued Certificates of
Approval for Organic Soil Conditioning Sites provided the
applicants meet the conditions required by the Environmental
Protection Act and Ontario Regulation 347;
AND WHEREAS Certificates of Approval have been issued for
various sites throughout the Municipality of Clarington without
municipal consultation;
AND WHEREAS the spreading of sewage biosolids has caused
concern with residents of the municipality in regard to the possible
effects on wetlands and groundwater sources;
NOW THEREFORE BE IT RESOLVED THAT the Ministry of the
Environment be requested to suspend all current Certificates of
Approval and withhold granting of any future certificates on lands
located within the Municipality of Clarington and that the Regional
Health Department receive a copy of this resolution.
AND FURTHER THAT the Council of the City of Pickering hereby also requests
the Ministry of the Environment to suspend all current Certificates of Approval for
Organic Soil Conditioning Sites and withhold granting any future Certificates on
lands within the City of Pickering until the full environmental effects of using
biosolids is determined; and
FURTHER THAT a copy of this resolution be forwarded to:
· Regional Municipality of Durham
· All Durham area municipalities
· The Honourable Janet Ecker, MPP, Pickering-Ajax-Uxbridge
CARRIED:
Btaylor:Notices of Motion:Biosolids
MAYOR
NOTICE OF MOTION
DATE:
NOVEMBER 18, 2002
MOVED BY: COUNCILLOR BRENNER
SECONDED BY: COUNCILLOR HOLLAND
That the Council of the Corporation City of Pickering adopt the following practices
in assessing all matters of development and or redevelopment within the City of
Pickering:
1. All significant aboriginal cultural heritage and archaeological sites shall be
preserved.
2. An Archaeological Master Plan shall be developed to incorporate any and
all available information on such sites and that Plan be subject to
approvals from the appropriate First Nation.
3. A minimum 120- metre archaeological heritage zone shall be created
around all watercourses. Approval of any development within this area
will be contingent upon recommendation of an independent archaeological
assessment completed to the satisfaction of planning staff and the most
directly affected First Nation, And that these practices be considered as a
bench mark throughout the GTA and that this recommendation be
forwarded to the Provincial Smart Growth Committee for its endorsement.
4. Exhumation and re-burial of human remains for the purpose of facilitating
development shall be prohibited.
33
And that staff of the Department, Planning and Development take the necessary
steps to incorporate these practices in all policies and procedures that govern
development within the City of Pickering; and
That this resolution along with a copy of Report to Council MBCO 2-02 be
forwarded to all Durham Regional Municipalities for endorsement and to all
Municipal Councils within the Province of Ontario; and
That this resolution be forwarded to the Honourable Robert Daniel Nault, Minister
of Indian Affairs & Northern Development Canada with the request that all
significant aboriginal cultural heritage and archaeological sites be designated as
sites of of national importance.
CARRIED:
Btaylor:Notices of Motion:First Nations
MAYOR
REPORT TO THE COUNCIL
Report Number: MBCO 2-02
Date: 11/18/2002
From:
Maurice Brenner
Ward One Regional Councillor
David Grey-Eagle
Liaison Huron Wendat Nation
Subject: Aboriginal Heritage Resources in the City of Pickering
Recommendation:
That the Council of the Corporation City of Pickering adopt the following practices in
assessing all matters of development and or redevelopment within the City of Pickering:
1. All significant aboriginal cultural heritage and archaeological sites shall be
preserved.
2. An Archaeological Master Plan shall be developed to incorporate any and all
available information on such sites and that Plan be subject to approvals from
the appropriate First Nation.
3. A minimum 120- metre archaeological heritage zone shall be created around all
watercourses. Approval of any development within this area will be contingent
upon recommendation of an independent archaeological assessment completed
to the satisfaction of planning staff and the most directly affected First Nation.
And that these practices be considered as a bench mark throughout the GTA
and that this recommendation be forwarded to the Provincial Smart Growth
Committee for its endorsement.
4. Exhumation and re-burial of human remains for the purpose of facilitating
development shall be prohibited.
And that staff of the Department, Planning and Development take the necessary steps
to incorporate these practices in all policies and procedures that govern development
within the City of Pickering; and
That this resolution along with a copy of Report to Council MBCO 2-02 be forwarded to
all Durham Regional Municipalities for endorsement and to all Municipal Councils
within the Province of Ontario; and
That this resolution be forwarded to the Honourable Robert Daniel Nault, Minister of
Indian Affairs & Northern Development Canada with the request that all significant
aboriginal cultural heritage and archaeological sites be designated as sites of of
national importance.
Report MBCO 2-02
Subject: Aboriginal Heritage Resources
November 18, 2002
Page 2
Executive Summary:
The City of Pickering has an extensive history that dates back well beyond 200 years.
Available information confirms that the City of Pickering was previously the home of
many of the First Nations.
Pickering has grown and developed, however, there have been no formal actions taken
to protect and prevent the destruction of Aboriginal Heritage and Burial Sites. It is
believed that various sites have been disturbed and or destroyed.
Financial Implications: N/A
Background:
As the City of Pickering has grown and developed, many of its earliest and significant
historical sites have been destroyed. While we as a community pride ourselves on the
past 200 years of Pickering as a community, we as civic leaders and the community are
only just now coming to realize how little we know about the original people and places
that have been allowed to diminish over time.
In recent years, Pickering has made groat strides in trying to acknowledge those who
came before us; the First Nations Trail on our waterfront is one such initiative. But in
spite of our good intentions, we have failed to include important cultural and
archaeological sites as a priority in how we manage development in our City.
While the Ministry of Natural Resources requires production studies assessing impacts
of development near provincially significant wetlands, there aro presently no such
requirements for archaeological studies occurring within 800 metres of current, lost or
buried streams. Such locations may in fact hold significant information relevant to First
Nations. For this reason, no development should be approved within a specified zone
without the consultation of the most directly impacted First Nation.
In addition, there have been not only allegations but evidence that confirms that
Aboriginal burial sites are being disturbed and human remains are being to-buried
and/or disposed of in other ways without the consent of their descendants. In all cases,
First Nations have not been consulted. Steps must be taken to address this
unacceptable practice through clear controls built into the planning process.
Report MBCO 2-02
Subject: Aboriginal Heritage Resources
November 18, 2002
Page 3
In looking at our surrounding neighbors, in Markam (Region of York) a new subdivision
(Boxgrove), Regional By-Pass Road, a cemetery (Cedar Grove) and the widening of
Steeles Ave will each be built on a potentially nationally significant cultural heritage
resource. In each case, the directly affected First Nations have not been consulted.
Within our own boundaries of the City of Pickering we too face similar destruction
unless steps are initiated now. In particular, without the implementation of appropriate
land use practices when dealing with future considerations on both Provincial and
Federal lands, what took place in other communities is certain to be repeated here.
There must therefore be an immediate acknowledgement that on all matters of
Aboriginal sites, all levels of government, heritage organizations and the public must be
sensitive to the cultural and spiritual needs of the First Nations community with respect
to what is their undeniably their heritage.
The same criteria that are followed for "stakeholder dialogue" must be equally applied
when dealing with matters of Aboriginal Heritage and Resources. It not unreasonable
to expect that we respect the wishes of First Nations who are asking that their
ancestor's spirits remain at peace.
Prepared By:
Endorsed By:
Maurice S. Brenner
Ward One Regional Councillor
David Grey-Eagle
Liaison Huron Wendat Nation
Ville de
PiCKERING
RAPPORT AU CONSEIL
Rapport num~ro: MBC02--02
Date: 1111812002
De:
Maurice Brenner
Conseiller r~ional Quarrier Un
David Grey Eagle Sanford
Liaison pour la Nation Huronne-Wendat
Objet:
Ressources du Patrimoine Autochtone dans la Ville de Pickering
Recommandation
Conseil de la Corporation de la Ville de Pickering: Adopter les pratiques suivantes en ~valuant toutes
les questions du dbveloppement et/ou du re-developpement a I'int~rieur de la Ville de Pickering.
1. Tous les sites culturels Autochtones de patrimoine et amh~ologiques seront conserves.
2. Un Plan d'ensemble arch~ologique detaill~ sera d~velopp~ afin d'y incorporer toute information
disponible sur de tels sites. Et qu'une telle preparation soit sujette aux approbations des
Premieres Nations appropri~es.
3. Une zone arch~ologique de patrimoine d'un minimum de 120 m~tms sera crS~ autour de tous
les cours d'eau. L'approbation de tout d6veloppement a I'int~rieur de ce secteur sera
conditionnelle ~ une recommandation de toute ~valuation arch~ologique ind~pendante
compl~t~e a la satisfaction du personnel en planification et de la Premiere Nation la plus
directement affect~e. Et que ces pratiques soient consid~es comme ~tant une r~f~rence ~
travers tout le Secteur du Grand Toronto (Greater Toronto Area) et que la recommandation soit
transmise au << Provincial Smart Growth Committee )) pour approbation.
4. L'exhumation et la r~-inhumation des ossements humains dans le but de faciliter le
d~veloppement seront prohib~s.
Et que le personnel en Planification et D~veloppement prennent les mesures r~?,essaires pour
incorporer ces pratiques dans toutes les politiques et procg~lures qui rbgissent le d~veloppement au
sein de la Ville de Pickering.
Et que des copies du rapport et de ses recommandations soient transmises a toutes les municipalitbs
r~ionales de Durham pour approbation.
P~e2
Sommaire ex~cutif:
Alors que la Ville de Pickering a une histoire 6tendue qui date de plus de 200 ans, rinformation
disponible confirme que la Ville de Pickering 6tait auparavant la terre natale de plusieurs Premi6res
Nations.
La Ville de Picketing a gmndi et s'est developp6e, cependant il n'y a pas eu d'actions formelles prises
afin de pmt~er et pr6venir la destruction du Patrimoine Autochtone et des Ossuaires. On cmit que
plusieurs sites ont 6t6 mmu6s, d6rang~, tmubl6s et/ou d~truits.
Implications financi~res:
NID
Historique:
Alors que la Ville de Pickering a gmndi et s'est d~velopp6e, plusieurs de ces sites histodques datant de
Iongtemps et significatifs ont 6t~ detruits. Alors que nous, en tant que communaut6s, sommes tiers des
demiers 200 ans de Pickering comme communaut6, nous, en tant que leaders municipaux et la
communaut6 commen(;ons seulement maintenant a r6aliser combien peu nous savons concemant les
peuples Autochtones et les endmits qui se sont vus diminuer avec le temps.
Au cours des demi6res ann~es, Picketing a fait de grands pas a tenter de reconnaitre ceux qui sont
venus avant nous. Le sentier des Premi6res Nations au bord de i'eau est une telle initiative. Uais,
malgrb nos bonnes intentions, nous n'avons pas r6ussi a inclure les sites culturels et archuN31ogiques
importants comme pdodt6 dans la gestion du dbveloppement de notre Ville.
Alors que le minist~re des Ressources naturelles requiert la production d'~tudes ~valuant les impacts
du d6veloppement pr~s des mamis provinciaux significatifs, il n'existe aucune exigence pour des
~tudes amh6ologiques se produisant ~ I'int~deur de 800 rn~tres des ruisseaux ou dvi~res actuels,
perdus ou enterr6s. De tels lieux peuvent, de fait, contenir de rinformation importante pertinente aux
Premi6res Nations. Pour cette raison, aucun d6veloppement ne devrait 6tre appmuv6 ~ I'int6rieur d'une
zone sp6cifique sans consultation aupr6s de la Premi6re Nation la plus directement impliqu~e.
De plus, il y a eu non seulement des all~:,gations, mais des preuves, qui confirment que les sites
d'ossuaims Autochtones sont tmubl6s, remu6s et que des ossements humains sont r6-inhum6s et/ou
mis au rebut d'autres fac/)ns sans le consentement de leurs descendants. Dans tous les cas, les
Premi6res Nations n'ont pas 6t6 consult6es. Des mesums doivent ~tre prises afin d'adresser cette
pratique inacceptable par le biais de contr{')les claim incorpor6s dans le pmcessus de planification.
En examinant ce qui se passe chez nos voisins, a Markham (r~ion de York), une nouvelle sous-
division (Boxgrove), << Regional By-Pass Road )), un cimeti6re (Cedar Grove) et r61argissement de
I'Avenue Steeles, seront tous construits sur une ressource de patrimoine culturel national
potentiellement importante. Dans chaque cas, les Premi6res Nations directement affect~s n'ont pas
6t6 consult~es.
Page 3
A I'int~deur de nos propres limites de la Ville de Picketing, nous faisons face 6galement a la destruction
8 moins que des mesures soient initi6es maintenant. En particulier, sans la mise en ~euvre de pratique
d'utilisation appmpd6e des terres lorsque nous traitons de considerations futures sur des terres
propri6t6 du provincial et du f6d~ral, ce qui s'est produit dans d'autres communaut~s se r6p6tera
s~rement ici.
Par cons~uent, il doit y avoir une reconnaissance imm~liate que, dans toute question de sites
Autochtones, tous les niveaux de gouvemement, d'organisations du patrimoine et le public doivent
prendre conscience des besoins culturels et spirituels de la communaut6 des Premieres Nations
concernant ce qui est incontestablement leur patrimoine.
Les m~mes crit6res qui sont suivis pour le << dialogue avec les d6positaims d'enjeux )) devra aussi
s'appliquer Iorsque nous traitons de questions du patrimoine et des ressourceSAutochtones.
Est-ce demisonnabte de s'attendre a ce que nous inspections les d~sirs des Premieres Nations qui
demandent que les espdts de leurs anc~tres reposent en paix?
Pi~ces jointes:
Documents concemant le Shot Gun Treaty
Pr~par~ par:
Uaurice S. Brenner
Conseiller r6gional Qua.rtier Un
Approuv~ par:
David Grey Eagle Sanford
Liaison pour la Nation Huronne-endat
c.c. Directeur en chef de I'Administration
NOTICE OF MOTION
DATE:
NOVEMBER 18, 2002
MOVED BY: COUNCILLOR HOLLAND
SECONDED BY: COUNCILLOR BRENNER
WHEREAS the deregulation of electrical energy in the Province of Ontario has led to
massive increases in rates, customer confusion and general chaos in the generation
and distribution of electricity; and
WHEREAS electricity is a basic necessity and for all families is an inelastic expense;
and
WHEREAS the newly imposed cap of 4.3 cents per kilowatt hour is significantly higher
than current rates and will represent dramatic increases in cost for electricity for Ontario
households over what would have been paid in a regulated market; and
WHEREAS by imposing a rate cap in a deregulated environment the private market will
have a tremendous disincentive to invest in the generation of new sources of electricity;
and
WHEREAS the capped but deregulated market combined with shitting and uncertain
Provincial energy policies will deter private investment in research and development into
new forms of energy; and
WHEREAS the State of California, after facing disastrous impacts from deregulating
electricity, established a public authority responsible for generating new sources of
energy to meet State demand; and
WHEREAS the Provincial Government is applying patchwork solutions to an
enormously complex problem it has created through the deregulation of electricity; and
WHEREAS despite being desirable, moving immediately back to a regulated energy
environment would be nearly impossible;
NOW THEREFORE the Council of the Corporation of the City of Pickering urges the
Government of Ontario to commit to continued public ownership of Ontario Power
Generation and use that public corporation to build new sources of electricity sufficient
to meet the demands of the Province; and
THAT the Province of Ontario be further urged to commit significant research and
development funding toward finding new means of generating clean and renewable
electricity for the Province; and
THAT the Province of Ontario refund to the taxpayers of Ontario the full difference in
cost between a regulated and deregulated market and further that the cap placed upon
electricity be lowered to more accurately reflect past costs and the inelastic need for the
this resource among so many families who cannot afford increases; and
THAT this motion be circulated to;
All area Mayors, Chairs, MPs and MPPs
Ernie Eves, Premier of the Province of Ontario
John Baird, Minister of Energy
Dalton McGuinty, Leader of the Official Opposition
Howard Hampton, Leader of the NDP and NDP Energy Critic
Michael Bryant, Liberal Critic for Energy
CARRIED:
Btaylor:Notices of Motion:Electricity Deregulation
MAYOR