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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 Z Ld W City of Pickenng PINE GROVE -', £ >'"' 0 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