Loading...
HomeMy WebLinkAboutOctober 17, 2005I ICKFR1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson S. Reynolds D. Bentley D. Shields - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - Acting Director, Operations & Emergency Services - City Clerk - Deputy Clerk I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation II) PRESENTATIONS (1) Presentation of the Youth Friendly Community Award Graeme Barlow, Youth Council President and P.A.C. 4 Teenz appeared before Council to recognize and congratulate the City of Pickering on winning the Youth Friendly Community Award and to acknowledge the initiatives Pickering is involved in for bringing free programs to the youth of Pickering. (2) Presentation of Proclamation and Update "Waste Reduction Week" Chantal Whittaker, Coordinator, Environmental Awareness Program for the City of Pickering appeared before the Council and gave a brief presentation on Waste Reduction Week and the events that are planned for the week of October 17th - 23rd, 2005. PICK ,RING Council Meeting Minutes Monday, October 17, 2005 7:30 pm III) ~v) v) (3) Presentation of"Eyes on the Street" Proqram Chantal Whittaker, Coordinator, Environmental Awareness Program for the City of Pickering appeared before Council and gave a brief presentation on the Eyes on the Street Program which focuses on illegal dumping, vandalism, graffiti and litter. (4) Presentation by Pickering Library Board Hans Vanleeuwen, Chair of the Pickering Library Board appeared before Council and presented a short video on the library. He noted library initiatives, services and commented on future directions for the library. DELEGATIONS (1) Director, Corporate Services & Treasurer, Report CS 56-05 Request for Expansion of Permitted Area for Body Rub Parlours Brock Spa, 1600 Alliance Road, Pickerinq Noel Gerry, Barrister & Solicitor for Ms. Anna Trojanowska, owner of the Brock Spa, 1600 Alliance Road, Pickering, appeared before Council and requested that consideration be given to moving the boundaries for Body Rub Parlours to include his clients' property. Mr. Gerry also noted that they would be in favour of a further grandfathering if the boundaries could not be moved in order to give his client time to relocate. ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Brenner Regular Council Meeting of October 3, 2005 Special 'Closed' Council Meeting of October 3, 2005 CARRIED REPORTS Confidential Matters (2) Director, Corporate Services & Treasurer Confidential Report CS 75-05 Taxicab License Refusal PICK R1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm (3) COUNCIL DECISION That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. CARRIED Director, Corporate Services & Treasurer Confidential Report CS 74-05 Taxicab License Refusal COUNCIL DECISION That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. Resolution #179/05 Moved by Councillor Dickerson Seconded by Councillor Johnson That the recommendations contained in the 'Closed' minutes of October 3, 2005 be ADOPTED save and except Item 1. CARRIED City Solicitor, Confidential Report CS 78-05 Municipal Liability for Flood Claims Resolution #180/05 Moved by Councillor Dickerson Seconded by Councillor Johnson That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. CARRIED ON A RECORDED VOTE PICKER1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm Yea Nay Councillor Ashe Councillor Johnson Councillor Pickles Mayor Ryan Councillor Brenner Councillor Dickerson Councillor McLean Executive Committee Report EC 2005-12 Director, Planning & Development, Report PD 37-05 Zoning By-law Amendment Application A 08/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickerinq COUNCIL DECISION That Pickering Council RECEIVE Addendum to Report PD 37-05 relating to an amendment to the existing zoning on subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. That the additional provisions affecting adjacent westerly lands are technical and minor in nature and do not affect the general intent and purpose of Zoning By-law Amendment Application A 8/05 therefore, NO FURTHER NOTICE is required to be given with respect to this application, in the City of Pickering. That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Addendum to Report PD 37-05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Addendum to Report PD 37-05 be FORWARDED to City Council for enactment. (2) Director, Operations & Emergency Services, Report OES 36-05 Supply and Delivery of Two (2) One-Ton Dump Trucks Quotation No. Q-45-2005 PICKFRiNG Council Meeting Minutes Monday, October 17, 2005 7:30 pm COUNCIL DECISION That Report OES 36-05 regarding the supply and delivery of Two (2) One-ton Dump Trucks, be received; and That Quotation No. Q-45-2005 submitted by Donway Ford Sales Ltd. for the supply and delivery of two (2) One-ton Dump Trucks in the amount of $84,706.00 plus applicable taxes be accepted, with the estimated annual repayment of approximately $26,000 being included in the annual Current Budget; and 3. That the total purchase price of $96,871.90 be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through an internal loan; and 5. That staff at the City of Pickering be given the authority to give effect hereto. (3) Director, Operations & Emergency Services Report OES 35-05 RFP-8-2005 - Request for Proposal, Bridge Design & Contract Administration - Bulmer Bridqe and Reesor Creek Bridqe COUNCIL DECISION That Report OES 35-05 regarding a Request for Proposal, Bridge Design & Contract Administration be received; and That the Reesor Creek Bridge (05-2320-009-06) and the Bulmer Bridge (05-2320-009-07) deck replacement projects as contained in the 2005 Capital Budget with estimated costs and financing of: Financing Bridge Estimated Costs COMRIF Debt Reesor Creek $267,300 $178,200 $89,100 Bulmer $291,500 $194,325 $97,175 be approved subject to final approval of construction costs by Council; and I ICKF, R1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm o o That RFP-8-2005 submitted by R.V. Anderson for Bridge Design and Contract Administration in the amount of $58,810 (G.S.T. extra) be accepted; and That the total gross cost of $70,952 and a net cost of $66,310, for the proposal amount and other project costs identified in this report be approved; and that, That the amount of $65,000 for Bridge Design and Contract Administration to be funded through the issue of debt financing be approved with the balance of $1,310 from Current Budget; and That Council authorize the Director, Corporate Services & Treasurer to finance this portion of the project through the issuance of debt through the Region of Durham; and a) Debt financing not exceeding the amount of $65,000 for a period not exceeding 10 years, at a rate to be determined; and b) Financing and repayment charges in the amount of approximately $8,315 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and c) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. (4) Director, Corporate Services & Treasurer Report CS 76-05 Appointment to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North COUNCIL DECISION That Report CS 76-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By- law on private property be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 PICKE, R1NG Council Meeting Minutes Monday, October 17, 2005 7'30 pm (5) Denmar Road and 1467 Whites Road North, be forwarded to Council for approval; and o That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Director, Operations & Emergency Services Report OES 38-05 Frenchman's Bay Stormwater Management Master Plan Terms of Reference COUNCIL DECISION That Report OES 38-05 regarding the Frenchman's Bay Stormwater Management Master Plan Terms of Reference be received; and That the Terms of Reference be approved and staff be authorized to issue a request for an Expression of Interest (EOI) from qualified consulting firms to provide professional engineering services for the development of a Frenchman's Bay Stormwater Management Master Plan; and That staff, in conjunction with the Toronto and Region Conservation Authority be authorized to short-list up to four (4) of the highest scoring firms on the EOI and issue a detailed Request for Proposal document; and o That the City of Pickering cost share on a 50/50 basis with the Toronto and Region Conservation Authority for retaining the firm of Gartner Lee Limited for project management services for the Frenchman's Bay Stormwater Management Master Plan, at a cost to the City not to exceed $15,000; and That a Steering Committee be assembled to guide the process, and provide input into the direction of the Master Plan, whose membership shall consist of City staff, TRCA staff, one member from the Waterfront Coordinating Committee, external agencies and a resident of the City of Pickering; and That appropriate officials of the City of Pickering be given authority to give effect thereto. (6) South Asia Earthquake Donation to Canadian Red Cross HCKER1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm (v) COUNCIL DECISION WHEREAS, an enormous earthquake has struck South Asia and has resulted in untold thousands of lives lost and million more left homeless; WHEREAS, this has occurred in an area of the world where, by Canadian standards, poverty and desperation are the norm; WHEREAS, the Federal Government has today (Oct. 11/05) announced that any relief funds donated to, amongst others, the Canadian Red Cross - South Asia Fund will be matched by the Federal Government if received by such authorized agency within fourteen days; WHEREAS, the City of Pickering has demonstrated on many occasions its generosity, on behalf of all residents, to assist financially and otherwise, those people, whether in Canada or abroad, who have experienced disaster but are least able to recover; BE IT THEREFORE RESOLVED, that the City of Pickering commits the sum of $5,000.00 to be donated to the Canadian Red Cross - South Asian Fund and that such amount be matched with contributing Federal dollars and that these monies be over and above the $20,000,000 already announced and committed by the Federal Government; and, BE IT FURTHER RESOLVED, that the Council of the City of Pickering hereby extends its most heartfelt condolences to the Governments of Pakistan and India, to their citizens who have lost loved ones and homes, and to their many friends and relatives, and our friends and residents, living here in Pickering. Resolution #181105 Moved by Councillor Ashe Seconded by Councillor Johnson That the Report of the Executive Committee EC 2005-12, dated October 3, 2005, be Adopted. CARRIED REPORTS (NEW & UNFINISHED BUSINESS) (1) Director, Corporate Services & Treasurer, Report CS 56-05 Request for Expansion of Permitted Area for Body Rub Parlours Brock Spa, 1600 Alliance Road, Pickering Council Meeting Minutes Monday, October 17, 2005 7:30 pm Resolution #182/05 Moved by Councillor Brenner Seconded by Councillor Johnson That Report CS 56-05 of the Director, Corporate Services & Treasurer, be referred back to staff for the purpose of preparing a comprehensive report on all Body Rub Parlour establishments with regard to land use zoning and municipal business licencing. CARRIED (2) Director, Corporate Services & Treasurer, Report CS 70-05 Outstandinq Recovery of Water Bomber Costs Resolution #183/05 Moved by Councillor Johnson Seconded by Councillor McLean 1. That Report CS 70-05 of the Director, Corporate Services & Treasurer be received; 2. That the outstanding account receivable billed to Christopher Burkholder in the amount of $42,532.10 be written off in 2005; and, 3. The appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. CARRIED (3) Director, Corporate Services & Treasurer, Report CS 79-05 Request to Medical Officer of Health for Permission to Allow City Of Pickering Municipal Law Enforcement Officers to Enforce the The Regional No Smokinq By-law Resolution #184/05 Moved by Councillor Brenner Seconded by Councillor Dickerson That the City of Pickering request that the Region of Durham, Medical Officer of Health authorize Municipal Law Enforcement Officers of the City of Pickering to enforce the provisions of the Region of Durham Smoke- Free By-law No. 66-2002. PICKERING Council Meeting Minutes Monday, October 17, 2005 7:30 pm 4) CARRIED ON A RECORDED VOTE Yea Nay Councillor Brenner Councillor Dickerson Councillor McLean Councillor Pickles Mayor Ryan Councillor Ashe - Absent Councillor Johnson - Absent Report from the East Shore Community Centre Building Committee Councillor Dickerson presented the report of the East Shore Community Centre Building Committee. Discussion ensued and Councillor Dickerson indicated that he would anticipate a further report on this matter on the construction of a new parking facility. Resolution #185/05 Moved by Councillor Dickerson Seconded by Councillor McLean That any funds remaining unused from this project be used to commence funding to a dedicated City account for the eventual construction of a new Senior Facility envisioned within the existing downtown core within easy walking distance to transit, shopping and professional care; That Council consider the construction of a new parking facility on the top of the hill immediately north of the existing East Shore Community Centre; and, 3. That Council considers the new routing and parking plan for the existing East Shore Community Centre. CARRIED UNANIMOUSLY ON A RECORDED VOTE Council Meeting Minutes Monday, October 17, 2005 7:30 pm vi) Yea Nay Councillor Ashe Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan (5) Proclamations: "Waste Reduction Week"- October 17 - 23, 2005 Resolution #186/05 Moved by Councillor Johnson Seconded by Councillor Ashe That October 17 - 23, 2005 be proclaimed Waste Reduction Week. CARRIED (6)Due Diligence Study Report Resolution #187/05 Moved by Councillor Pickles Seconded by Councillor That staff report back at the next Council meeting with regards to Transport Canada's Due Diligence Study. CARRIED BY-LAWS By-law 6587/05 Being a by-law to amend Restricted Area Zoning By-law 3036, as amended, by By-law 5438/99, to implement the Official Plan of the City of Picketing, Region of Durham, North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), to permit a variety of office and commercial uses. (Refer to Report PD 37-05) PICKFR1NG Council Meeting Minutes Monday, October 17, 2005 7:30 pm By-law 6588~05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North). (Refer to Report CS 76-05) THIRD READING: Councillor Johnson, seconded by Councillor Ashe, moved that By-law Numbers 6587/05 and 6588/05 be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED VI) NOTICES OF MOTION 1. Building Code Statute Law Amendment Act, 2002 Resolution #188/05 Moved by Councillor Johnson Seconded by Councillor Ashe That the Notice of Motion regarding Building Code Statute Law Amendment Act, 2002 be referred back to the Chief Building Official for further investigation. CARRIED (2) Hydro One Cherrywood Station Transformer Leak into Pine Creek Watercourse Resolution #189/05 Moved by Councillor Johnson Seconded by Councillor Ashe WHEREAS, in October 2003, following a leak of 39,000 gallons of an oil substance, it is believed that 8000 gallons leaked into the Pine Creek watercourse; Council Meeting Minutes Monday, October 17, 2005 7:30 pm WHEREAS, the source of this leak was from a transformer located at the Hydro One Cherrywood Station; WHEREAS, this accident is believed to have been one of the worst environmental accidents in Pickering's history; WHEREAS, the impact of this accident is believed to have compromised the sustainability of various inhabitants within the Pine Creek watercourse; WHEREAS, the Ministry of the Environment has charged Hydro One under Subsection 30(1) of the Ontario Water Resources Act which prohibits the discharge of any material of any kind into or in any waters or on any shore or bank thereof on into any place that may impair the quality of water or any waters; WHEREAS, if Hydro One is convicted of such offence it could be fined up to $6 million; WHEREAS, the City of Pickering and its community suffered socially, environmentally and financially as result of this incident and Hydro One's failure to properly respond to it; NOW THEREFORE, the Council of the Corporation of the City of Pickering hereby directs staff to request that the Ministry of the Environment give the city status in the court case in order to, (a) describe and explain the significant social, environmental and financial risks that the City and its residents were exposed; (b) request a significant fine in order to deter Hydro One from doing what it did in the future and to act as a deterrent to others; and, (c) request as a condition of sentencing that the Hydro One fine be awarded to the City of Pickering to be used towards projects outlined in the Pickering Waterfront and Frenchman's Bay Five Year Implementation Plan. CARRIED UNANIMOUSLY ON A RECORDED VOTE PICKER Council Meeting Minutes Monday, October 17, 2005 7:30 pm Yea Councillor Ashe Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan Nay VII) OTHER BUSINESS (1) Councillor McLean noted that he had received a letter from an area resident looking for space with respect to an outreach program of the Pickering Library that teaches people to read and has existed in Pickering since 1992. Councillor McLean asked if the Chief Administrative Officer could look into this matter to see if we can assist the program. (2) Councillor Brenner advised that he had received correspondence inquiring what the City of Pickering and the Region of Durham are doing about the road conditions (paving, curbing, lack of lighting) on Hwy 2. Councillor Brenner requested that City staff look into working with the Region to see what can be done. (3)The following matters were considered prior to the regular meeting: Resolution #190/05 Moved by Councillor Dickerson Seconded by Councillor Pickles That Council move into a closed meeting of Council in order to discuss a matter subject to litigation or potential litigation, including matters before administrative tribunals, affecting the City; the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a proposed or pending acquisition or disposition of land for Regional Corporation purposes. CARRIED Discussion ensued with respect to a Confidential lease matter. Refer to the 'Closed' minutes of Council dated October 17, 2005. PICKERING Council Meeting Minutes Monday, October 17, 2005 7:30 pm Resolution #191/05 Moved by Councillor Johnson Seconded by Councillor Dickerson That Council rise and ratify the actions taken at the 'In Camera' session. CARRIED a) Confidential correspondence was received from the City Solicitor with respect to a taxicab matter. This matter was deferred to November 7, 2005 for further discussion. b) A verbal update was received from the City Solicitor with respect to an OPDA Judicial Review application. Declaration of Interest Councillor Ashe declared a conflict of interest with respect to the verbal update of the City Solicitor concerning an OPDA Judicial Review application, due to his interest in the Whitevale Golf Club. Councillor Ashe did not take part in the discussion on the matter. CONFIRMATION BY-LAW By-law Number 6589~05 Councillor Johnson, seconded by Councillor Pickles, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of October 17, 2005. CARRIED Council Meeting Minutes Monday, October 17, 2005 7:30 pm ~x) ADJOURNMENT The Meeting adjourned at 10:35 pm. DATED this 17TM Day of October, 2005 DEBI A. BENTLEY ,,,~' CITY CLERK ~,,,j