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HomeMy WebLinkAboutNovember 19, 2007 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers PRESENT: Mayor David Ryan COUNCillORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll T. Melymuk G. Paterson A. Allison D. Wilcox D. Shields - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Office of Sustainability - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Deputy Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST 1. Councillor Johnson made a declaration of interest under the Municipal Conflict of Interest Act with respect to the Notice of Motion regarding the Reimbursement of Legal Fees as he felt the decision regarding this motion would have a direct impact on a possible legal matter he could have in the future. Councillor Johnson did not take part in the discussion or vote on the matter. (III) ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor McLean Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers Council Meeting Minutes September 17, 2007 Special Council Meeting Minutes October 1, 2007 In Camera Council Minutes, October 1,2007 Planning & Development Committee Minutes October 1, 2007 Special Council Meeting Minutes October 9, 2007 In Camera Council Minutes, October 9,2007 Executive Committee Minutes, October 9, 2007 CARRIED (IV) PRESENTATIONS 1. Rick Johnson, Regional Councillor, Ward 3 Re: Herizon House donation Councillor Johnson presented a donation in the amount of $10,000.00 to Herizon House obtained through fundraising initiatives. V) DELEGATIONS 1. Representatives of Durham West Girls Hockey Association and Bell Community Sport Fund Wil Gonidis a representative of the Bell Community Sport Fund appeared before Council to present a $5,000.00 Grant to Patty Davis of the Durham West Girls Hockey Association. Ms. Davis stated that the funds would be used for girls that wanted to play hockey but needed some financial assistance. 2. Dale Goldhawk Re: Reimbursement of Leqal Fees - Maurice Brenner Dale Goldhawk, a resident of Pickering, appeared before Council to clarify questions and to reiterate his role regarding the invoices relating to Maurice Brenner. 2 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers (VI) CORRESPONDENCE 1. CORR. 54-07 GEORGE S. GRAHAM, AMCT, CMC CLERK-ADMINISTRATOR TOWNSHIP OF BROCK 1 Cameron Street East, Box 10 Canninqton, ON LOE 1 EO Resolution #209/07 Moved by Councillor Dickerson Seconded by Councillor Pickles That CORR. 54-07 from George S. Graham, Clerk-Administrator, Township of Brock, requesting support of their resolution passed on September 10, 2007 regarding their request of the Ministry of the Environment to adhere to the recommendations of its own Panel of Experts by acknowledging paper fibre biosolids as a waste, by removing the exemption status for Sound-sorb and Nitro-sorb and by imposing the recommended regulatory control of a Certificate of Approval or legal instrument that provides equal or better protection for human health and the environment, be received for information. CARRIED 2. CORR. 55-07 BONNIE JEAN ADAMS REGULATORY COORDINATOR ENBRIDGE 500 Consumers Road North York, ON M2J 1 P8 Resolution #210/07 Moved by Councillor Dickerson Seconded by Councillor Pickles That CORR. 55-07 from Bonnie Jean Adams, Regulatory Coordinator, Enbridge, attaching a copy of the Notice and Application filed by Enbridge Gas Distribution Inc. on September 28,2007 be received for information. CARRIED Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers 3. CORR. 56-07 COUNCILLOR BILL MCLEAN REGIONAL COUNCILLOR - WARD 2 CITY OF PICKERING Resolution #211/07 Moved by Councillor McLean Seconded by Councillor O'Connell That CORR. 56-07 from Councillor Bill McLean, Regional Councillor, Ward 2, with regards to the guidelines for the allocation of funds from the City of Pickering in conjunction with Bell True Sport Organization be received for information. CARRIED (VII) COMMITTEE REPORTS a) REPORT PO 2007-06 OF THE PLANNING & DEVELOPMENT COMMITTEE 1. Director, Planning & Development, Report PO 28-07 Fairport Developments Inc. Plan of Subdivision 40M-1554 Jameton Limited Plan of Subdivision 40M-1640 Cougs Investments Ltd. Plan of Subdivision 40M-1671 Cougs Investments Ltd. Plan of Subdivision 40M-1721 Final Assumption of Plans of Subdivision COUNCIL DECISION 1. That Report PO 28-07 of the Director, Planning & Development regarding the Assumption of Plans 40M-1554, 40M-1640, 40M-1671 and 40M-1721, be received; 4 Ciltl 0/ Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers 2. That the highway being Baylawn Drive within Plans 40M-1554, 40M-1640 and 40M-1671 be assumed for public use; 3. That the highway being Primrose Court within Plan 40M-1721 be assumed for public use; 4. That the services required by the Subdivision Agreements relating to Plans 40M-1554, 40M-1640, 40M-1B71 and 40M-1721, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Blocks 21 and 22, Plan 40M-1554, Block 11, Plan 40M-1640, Blocks 33 and 34, Plan 40M-1671 and Blocks 41,42 and 43, Plan 40M-1721; 5. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1554, 40M-1640, 40M-1671 and 40M-1721, be released and removed from title; and 6. That Council enact a By-law to dedicate Block 10, Plan 40M-1640 as public highway. 2. Director, Planning & Development, Report PO :32-07 Dunbarton Village Zoning Review Request for Professional Consulting Services Authorization to Host Public Meetinqs COUNCIL DECISION 1. That Report PO 32-07 of the Director, Planning & Development, regarding the Dunbarton Village Zoning Review be received; 2. That Council authorize staff to seek three written quotations from professional planning consultants to assist staff in the Dunbarton Village Zoning Review; 3. That appropriate City officials be authorized to hire a consultant to undertake the work program outlined in Report PD 32-07 of the Director, Planning & Development to an up set limit of $15,000 (excluding GST); and 5 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers 4. Further, that City Council authorize the Planning & Development Department to advertise and host both Planning Act required meetings (Public Information Meeting and a Statutory Public Meeting) for a zoning by-law amendment that would relate to the zoning review for Dunbarton Village. 3. Director, Planning & Development, Report PO :33-07 Zoning By-law Amendment Application A 5/07 N. & N. Picciolo 1475 Altona Road (Part of Lot 33, Plan 228) City of Pickerinq COUNCIL DECISION 1. That Zoning By-law Amendment Application A 5/07 submitted by Antonino & Nancy Picciolo to amend the zoning of the subject property to an 'R4' - Fourth Density Residential zone in order to permit the creation of two lots with minimum frontage of 15.0 metres on lands being Part of Lot 33, Plan 228, City of Pickering, be approved; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 5/07, as set out in Appendix I to Report PO 33-07 be forwarded to City Council for enactment. Resolution #212/07 Moved by Councillor McLean Seconded by Councillor Pickles That the Report of the Planning Committee PI) 2007-06, dated November 5, 2007, be adopted. CARRIED b) REPORT EC 2007-11 OF THE EXECUTIVE COMMITTEE 1. Director, Corporate Services & Treasurer, Confidential Report CS 47-07 OPG and Hvdro One Assessment Appeals COUNCIL DECISION 6 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers That the recommendation as contained in Confidential Report CS 47-07 of the Director, Corporate Services & Treasurer be approved 2. Director, Corporate Services & Treasurer, Report CS 51-07 2007 Year End Audit COUNCIL DECISION 1. That the Audit Plan as submitted by Dl310itte & Touche LLP, included as Attachment 1 to this report be received for information; and, 2. That the Chief Administrative Officer and the Director, Corporate Services & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. 3. Director, Corporate Services & Treasurer, Report CS 50-07 Response to Executive Committee Requests for Information With Respect to the 2006 Audit COUNCIL DECISION That Report CS 50-07 of the Director, Corporate Services & Treasurer regarding the Response to Executive Committee Requests for Information with respect to the 2006 Audit be received for information. 4. Director, Corporate Services & Treasurer, Report CS 52-07 Summary of Internal Audit Results to Date COUNCIL DECISION That Report CS 52-07 of the Director, Corporate Services & Treasurer regarding summary of internal audit results to date be received for information. 5. Director, Corporate Services & Treasurer, Report CS 53-07 2008 - 2010 Internal Audit Work Plan COUNCIL DECISION That Report CS 53-07 from the Director, Corporate Services & Treasurer regarding the 2008 - 2010 Internal Audit Work Plan be approved. 7 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers 7. Director, Corporate Services & Treasurer, Report CS 46-07 2008 Standinq Committee and Council Meetinq Schedule COUNCIL DECISION 1. That Report CS 46-07 of the Director, Corporate Services & Treasurer be received; 2. That the 2008 Standing Committee and Council Meeting Schedule included as Attachment 1 to this report be approved; and 3. That the City Clerk be given authority to give effect thereto. 8. Director, Corporate Services & Treasurer, Report CS 49-07 Municipal Statute Law Amendment Act, 2006 (Bill 130) - Closed Meetinq Investiqator COUNCIL DECISION 1. That Report CS 49-07, of the Director, Corporate Services & Treasurer be received; 2. That Council authorize staff to advise lthe Ministry of Municipal Affairs & Housing that they will not be appointing a meetings investigator in accordance with Section 239.2 (1) of the Municipal Act, 2001 at this time, and will rely on the Provincial Ombudsman; 3. That staff monitor the Closed Meetings Investigator service delivery experiences of other municipalities over the next year and report back to Council by no later than December 1, 2008; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 9. Director, Operations & Emergency Services, Report OES 41-07 Tender No. T-10-2007 - Playqround Construcbon COUNCIL DECISION 1. That Report OES 41-07 of the Director, Operations & Emergency Services regarding Sunbird Trail Park Development and Whites Road Bus Loop Plantings and playground construction, playground equipment, and safety surface material be received; 8 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers 2. That Tender No. T -10-2007 as submitted by Colpac Construction Inc. for playground construction in the amount of $38,099.00 (excluding GST) be accepted; 3. That the total estimated project cost of $400,000 (excluding GST), be accepted; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the estimated total project cost in the amount of $400,000 as follows: a) the sum of $216,315 be funded from the Development Charges Reserve Fund - Parks; b) the sum of $36,685 be funded from the City's Share - Development Charges (DC) Reserve; c) the sum of $147,000 be funded from Parkland Reserve Fund d) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. Further, that the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Resolution #213/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell That the Report of the Executive Committee EC 2007-10, dated November 12, 2007, be adopted save and except Item 6 and 10. CARRIED 6. Director, Corporate Services & Treasurer, Report CS 30-07 Council Compensation Policv Resolution #214/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell 9 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers 1. That Report CS 30-07 of the Director, Corporate Services & Treasurer be received; 2. That the Council Compensation Policy, included as Attachment #1 to this report be approved and By-law No. 5992/02, as amended, be repealed; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CARRIED LATER IN THE MEETING (See Following Motion) Resolution #215/07 Moved by Councillor Dickerson Seconded by Councillor Pickles That Section 06.02 b) of the Council Compensation Policy, included as Attachment #1, be amended to read as follows: 06.02 b) Charges for the use of an Internet Service Provider by Councillors shall also be reimbursed for two locations only. CARRIED ON A RECORDED VOTE YES NO Councillor Dickerson Councillor Johnson Councillor O'Connell Councillor Pickles Councillor Littley Mayor Ryan Councillor McLean absent for the vote. 10. Director, Operations & Emergency Services, Report OES 29-07 Pesticide Use By-law Resolution #216/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell 10 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers 1. That Report OES 29-07 of the Director, Operations & Emergency Services be received; 2. That City staff organize, advertise and facilitate a public consultation process as set out in this report for the draft "Pesticide Use By-law"; 3. That City staff expand the social marketing & public education program pertaining to the draft "Pesticide Use By-law"; 4. That local retailers be requested to offer more alternatives to pesticides that are clearly and prominently displayed within the store; 5. That upon presentation of the by-law, that the effective date in the by-law be March 25, 2008 as it relates to commercial applicators; and 6. That a communication strategy be implemented immediately to put the general public, providers and retailers on notice that a by-law banning the use of pesticides in the City of Pickering could be in effect as soon as March 25, 2008 for commercial applicators and January 1, 2009 for individual uses. DIVIDED MOTION CARRIED LATER IN THE MEETING (See Following Motions) Resolution #217/07 Moved by Councillor Littley Seconded by Councillor Johnson That the main motion be divided in order to deal with Item #'s 1 - 4 separately from the main motion. CARRIED Resolution #218/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell 1. That Report OES 29-07 of the Director, Operations & Emergency Services bl3 received; 11 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers 2. That City staff organize, advertise and facilitate a public consultation process as set out in this report for the draft "Pesticide Use By-law"; 4. That City staff expand the social marketing & public education program pertaining to the draft "Pesticide Use By-law"; 4. That local retailers be requested to offer more alternatives to pesticides that are clearly and prominently displayed within the store; CARRIED Resolution #219/07 Moved by Councillor Littley Seconded by Councillor Johnson That Item #5 of the main motion be deleted in its entirety and Item 6 be re- numbered to Item 5 and amended to read as follows: 5. That a communication strategy be implemented immediately to put the general public, providers and retailers on notice that a by-law banning the use of pesticides in the City of Pickering is being consider for effect. MOTION DEFEATED ON A RECORDED VOTE YES NO Councillor Johnson Councillor Littley Councillor Dickerson Councillor McLean Councillor O'Connell Councillor Pickles Mayor Ryan Resolution #220/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell 5. That upon presentation of the by-law, that the effective date in the by-law be March 25, 2008 as it relates to commercial applicators; and 12 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers 6. That a communication strategy be implemented immediately to put the general public, providers and retailers on notice that a by-law banning the use of pesticides in the City of Pickering could be in effect as soon as march 25, 2008 for commercial applicators and January 1, 2009 for individual uses. MOTION CARRIED ON A RECORDED VOTE YES NO Councillor Dickerson Councillor Johnson Councillor McLean Councillor O'Connell Councillor Pickles Mayor Ryan Councillor Littley The main motion was then CARRIED. (VIII) NOTICES OF MOTION 1. Request of Maurice Brenner Reimbursement of Leqal Fees General discussion ensued on this matter. Resolution #221/07 Moved by Councillor Dickerson Seconded by Councillor O'Connell That the Council of the City of Pickering hereby authorize the reimbursement of legal fees in the amount of $49,662.96, payable to lain J. Donnell, Barristers, Solicitors, Notaries Public, as per the request of Maurice Brenner dated July 9, 2007; and, That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. MOTION DEFEATED LATER IN THE MEETING ON A RECORDED VOTE (See Following Motions) 13 Council Meeting Minutes Monday, November 19, 2007 7:30 PM Council Chambers Resolution #222/07 Moved by Councillor Pickles Seconded by Councillor Dickerson That the main motion be amended by adding the following clause: That the City Solicitor, in conjunction with the Chief Administrative Officer, process the reimbursement of the legal fees, only after receipt of appropriate supporting documentation and a waiver/release acceptable to the City Solicitor. CARRIED ON A RECORDED VOTE YES NO Councillor Littley Councillor McLean Councillor O'Connell Councillor Pickles Councillor Dickerson Mayor Ryan Resolution #223/07 Moved by Councillor Dickerson Seconded by Councillor Pickles That the Notice of Motion with respect to the request of Maurice Brenner to reimburse legal fees be tabled. MOTION TIED AND DEFEATED ON A RECORDED VOTE YES NO Councillor Dickerson Councillor O'Connell Councillor Pickles Councillor LiWey Councillor McLean Mayor Ryan 14 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers The main motion of Councillor Dickerson and Councillor O'Connell (#221/07) was then put to a vote and defeated on a recorded vote as follows: YES NO Councillor O'Connell Councillor Pickles Councillor Dickerson Councillor Littley Councillor Mclean Mayor Ryan (IX) BY-LAWS 6813/07 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. 6814/07 Being a by-law to dedicate Block 10, Plan 40M-1640, Pickering, as public highway (Fairport Road) 6815/07 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region in Durham, in Part of lot 33, Plan 228, in the City of Pickering (A 05/07) THIRD READING: Councillor Johnson, seconded by Councillor Dickerson, moved that By-law Numbers 6813/07 to 6815, 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 (X) OTHER BUSINESS 1. Councillor O'Connell gave notice that she would be bringing forward two Notices of Motion at the next regular meeting of Council regarding the Seaton lands and future development;and the review of rail systems in urban areas in the City of Pickering. 2. Councillor Mclean requested that staff send all information regarding the City of Pickering's position on Liverpool Road and the 401 to the new Minister of Transportation. 15 Council Meeting Minutes Monday, November 19,2007 7:30 PM Council Chambers (XII) CONFIRMATION BY-LAW By-law Number 6816/07 Councillor Johnson, seconded by Councillor Dickerson, 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 November 19, 2007. CARRIED (XIII) ADJOURNMENT The meeting adjourned at 9:50 pm. DATED this 19th day of November, 2007 MAYOR DAVID RYAN DEBI A. WILCOX CITY CLERK 16