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HomeMy WebLinkAboutMarch 4, 2002 .-.. ,-. - - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M, Holland R, Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: T. 1. Quinn E, Buntsma N. Carroll G, Paterson B. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Committee Coordinator (n ADOPTION OF MINUTES Special Meeting of February 11, 2002 Regular Meeting of February 18,2002 (m DELEGATIONS 1. Bob Strickert, Nuclear Support, OPG, addressed Council with a quarterly update on Nuclear Generating Stations. 2. Jeff Priestman, President, Ajax-Pickering Dolphins, addressed Council to provide information on this non-profit organization which was established in 1973 with less than 60 people. It now has a membership of over 700, has played for 29 seasons and won 13 Ontario Championships. They have operated on one playing field since inception and are in great need of another field for the 2002 season. He requested Council consider a more equitable way of allocating fields, better lighting at Kinsmen Park, more storage space, the property adjacent to their field built on and assign a City staff member to work with their organization. 3. Jim Robb, General Manager, Friends of the Rouge Watershed, made a presentation on the Rouge/Duffins Greenspace Planning, 4, Roland Rutland and other representatives of the Harmony Movement addressed Council requesting the proclamation of March 21 st, 2002 as "International Day for the Elimination of Racial Discrimination". 5, Leslie Anne Ferguson, representing St. Elizabeth Seton School Parent Association, addressed Council respecting the "No Stopping" signs that are being installed on Strouds Lane, She requested signs be erected stating no stopping except during the hours of 8:45 a,m. to 2:15 p,m. She advised that 'No Stopping" signs would create parking problems for residents on neighbouring streets, on special events days, for parents picking up half day students and for volunteer parents, - 1 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. (Ill) RESOLUTIONS - Resolution #43/02 - Appendix #1 Moved by Councillor Holland Seconded by Councillor Brenner That the Report of the Finance & Operations Committee dated February 25,2002, be adopted. CARRIED Resolution #44/02 Moved by Councillor Ryan Seconded by Councillor Brenner That Mayor Arthurs be authorized to make the following proclamations: "Red Cross Month" - March, 2002 "Easter Seal Month" - March, 2002 "Toonie for Autism Day" - April 26, 2002 "International Day for the Elimination of Racial Discrimination" - March 21, 2002 ~ CARRIED Resolution #45/02 Moved by Councillor Johnson Seconded by Councillor Pickles That staff be directed to prepare a by-law to provide for a "No Parking" zone adjacent to 2527 Parkdale Street. CARRIED Resolution #46/02 Moved by Councillor McLean Seconded by Councillor Holland WHEREAS in 1982, the municipalities of Pickering, Ajax and Whitby purchased the Animal Control Centre located at 4680 Thickson Road North in the Town of Whitby ITom the Ontario Humane Society but continued to allow the Ontario Humane Society to provide animal control services under contract to the three municipalities; and - WHEREAS in 1985, due to increasing costs and decreasing service, the municipalities of Pickering, Ajax and Whitby decided to jointly undertake the entire animal control operation and entered into agreements to provide for such service; and WHEREAS in a Servicing Agreement dated December 31,1985, the Town of Whitby agreed to provide the services of pound-keeper and animal control officer for the three municipalities; and WHEREAS this Servicing Agreement may be terminated on December 31 st in any year by any of the three municipalities upon six month's prior written notice; and -2- Council Meeting Minutes Monday, March 4, 2002 8:00p.m. -. WHEREAS in an Animal Control Agreement dated December 31, 1985, the responsibilities of the three municipalities respecting the establishment of a joint animal control service and a joint board of management, in addition to criteria related to the premises, contract services, indemnification and agreement termination are set out; and WHEREAS this Animal Control Agreement may be terminated on December 31 st in any year by any of the three municipalities upon six month's prior written notice; and WHEREAS the Animal Control Agreement provides for the equal distribution of property and related assets; and WHEREAS the Council of the Corporation of the City of Pickering would like to improve the level of service to our residents and their animals particularly in areas such as adoptions, enforcement, animal disposal, public relations and education; and WHEREAS the animal control operation can be operated at a cost saving to residents if the Town of Ajax partnered with the City of Pickering to provide such an operation; NOW THEREFORE the Council of the Corporation hereby resolves that subject to the Council of the Town of Ajax agreeing to partner with the City of Pickering to provide an animal control service that: 1. Pursuant to Section 19( 1 )(b) of the Servicing Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31,2002. ß/to,. 2. Pursuant to Section 15(1)(b) of the Animal Control Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31, 2002. AND FURTHER THAT prior to the deadline of June 30, 2002 to terminate the Servicing Agreement and the Animal Control Agreement, that the Councils of the Town of Ajax and the City of Pickering come to an agreement on such issues as the location and ownership of the animal shelter, the management of the shelter, the level of service to be provided by the staff of the animal shelter and the staff of the shelter; AND FURTHER THAT a copy of this resolution be forwarded to the Council of the Town of Ajax to seek its agreement to partner with the City of Pickering in providing an animal control service commencing January 1, 2003. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson and McLean No: Councillors Pickles, Ryan and Mayor Arthurs Council considered the following motion in conjunction with the above resolution: - Resolution #46/02(a) Moved by Councillor Ryan Seconded by Councillor Pickles That the above resolution be tabled. LOST - 3 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. Resolution #47/02 - Moved by Councillor Brenner Seconded by Councillor Pickles WHEREAS the Provincial Government through the Ministry of Municipal Affairs and Housing established the Seaton Structure Plan Study with the mandate to work with representatives of the City of Pickering and other interested agencies to establish a development plan for the Seaton lands; and WHEREAS the Provincial Government has not proceeded with the Seaton Structure Plan Study; and WHEREAS in December 2001, Mayor Arthurs wrote to the Minister of Municipal Affairs and Housing advising of the City's intention to reactivate the Seaton Structure Plan Study; and WHEREAS by Resolution #29/02 passed by the Council of the City of Pickering on February 4, 2002, the Director, Planning & Development was directed to report at the March 18, 2002 Planning Committee Meeting on the elements of a "Growth Management Study" which would provide the basis for an Official Plan Review of all lands in the City of Pickering between Highway 7 and the c.P. Belleville Rail line; and ..... WHEREAS in a letter dated February 11, 2002, the Chief Administrative Officer wrote to the Deputy Minister of Municipal Affairs and Housing advising that the City is now arranging a meeting with representatives of the Region of Durham, the Toronto and Region Conservation Authority, the Town of Markham, Transport Canada and the Greater Toronto Airports Authority to discuss a work program for the Seaton planning process and inviting participation fÌ"om Ministry staff; and WHEREAS such a meeting would be premature pending the report fÌ"om the Director, Planning & Development on the elements of a "Growth Management Study"; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs that no meeting of the Seaton Structure Plan Study or other meeting to discuss a work program for the Seaton planning process be held until Council considers the report of the Director, Planning & Development on the elements of a "Growth Management Study" and until Council considers a workplan that will provide a coordinated approach to the development of the Provincial and Federal lands in north Pickering. LOST Resolution #48/02 Moved by Councillor Pickles Seconded by Councillor Johnson - WHEREAS by Resolution #212/98 the Federal Minister of Transport was advised that Council and residents of Pickering do not support the development of an airport; and WHEREAS in July 1998, the Federal Minister of Transport initiated regulatory action to declare the Federal lands in Pickering, Markham and Uxbridge an airport site under the Federal Aeronautics Act, as the first step toward enacting Federal airport zoning regulations; and WHEREAS the City of Pickering requested that this declaration not proceed in order to allow for stakeholder consultation; and - 4 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. WHEREAS other affected municipalities supported the City's request for stakeholder consultation, and Transport Canada agreed not to declare the site at that time in order to undertake such consultation; and - WHEREAS in March 1999 the City of Pickering, through the Mayor's Office, initiated a Stakeholders Forum involving affected municipalities, Transport Canada, community groups and others, to identifY and address areas of common interest, and to examine alternative approaches to the establishment of Federal airport zoning regulations; and WHEREAS through this Stakeholders Forum agreement in principle was reached on two matters: (i) to review in detail the legal and technical issues surrounding the use of the alternative approach to Federal airport zoning permitted by the Federal Aeronautics Act (whereby the affected municipalities would enact municipal by-laws to regulate those matters normally covered by the Federal airport zoning process); and (ii) to formalize an on-going consultative process between Transport Canada and interested stakeholders; and WHEREAS after considerable discussion on the alternative approach to Federal airport zoning, consensus could not be reached on a number of legal and technical issues associated with using this alternative; and WHEREAS there is still a need and a desire to proceed with establishing a formal, on-going consultative process between Transport Canada, the affected municipalities and other interested stakeholders; and .... WHEREAS the Federal Minister of Transport has stated that he and his officials at Transport Canada will continue to work with the local elected officials to ensure that the interests and concerns of local governments and stakeholders are fully considered; and WHEREAS the Council and residents of the City of Pickering recognize and support the Federal Green Space Project to protect the Oak Ridges Moraine and other environmentally significant areas of Federal land in north Pickering; and WHEREAS in August 2001, the Federal Minister of Transport through the Canada Gazette II declared the F ederallands in Pickering as an airport site under the Aeronautics Act; and WHEREAS the Federal Minister of Transport has stated that any future airport on the Pickering Lands Site would be a regional reliever airport and not a full sized international airport as envisioned 30 years ago, and has requested that the Greater Toronto Airports Authority (GTAA) undertake an interim planning process to examine possible options for an airport in north Pickering and as part of this process the GT AA has established a Pickering Advisory Committee; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby recognizes that an agreement on an alternative approach to Federal airport zoning that would be in the best interests of the City of Pickering and its residents and would be acceptable to the other parties could not be reached and will not be further pursued; and recognize that the Federal Government will now pursue Federal airport zoning regulations (AZR) and will consult on that initiative; and -- THAT Council is still strongly committed to establishing a formal and on-going consultative process between Transport Canada, the affected municipalities and any other interested stakeholders; and THAT the Federal Minister of Transport be requested to confirm his intention to engage in such a formal and on-going consultative process; and THAT Pickering, through the Mayor's Office, convene a meeting of the Stakeholders Forum prior to summer recess, to finalize and complete the details of this consultative process, generally as set out in the draft Memorandum of Understanding prepared in 2001; and - 5 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. - THAT the other affected municipalities also endorse resolutions acknowledging that the alternative approach to Federal airport zoning can no longer be pursued, and encouraging the Federal Minister of Transport to commit to a formal and on-going consultative process with the stakeholders; and THAT the Council of the City of Pickering requests the opportunity to comment on any reports or recommendations of the Federal Green Space Project before any final decisions are made with respect to this Project; and THAT the Federal Minister of Transport be asked to request the Greater Toronto Airports Authority (GTAA) to recognize and involve the Stakeholders Forum in a complementary but independent consultation process fÌ"om the GT AA' s interim planning process, and further that the Minister request the GT AA to ensure adequate representation by Pickering residents on the GT AA' s Pickering Advisory Committee, as requested by the Pickering Council; and THAT a copy of this resolution be forwarded to the Federal Minister of Transport, the local municipalities of Markham, Uxbridge, Whitby, Ajax, and Whitchurch-Stouffville, the regional municipalities of Durham and York, and to the other stakeholders involved in the process, as well as to Dan McTeague, M,P. Pickering-Ajax-Uxbridge, and Janet Ecker, M.P.P. Pickering- Ajax-Uxbridge. LOST .A.. Recorded Vote: Yes: Councillors Johnson, Pickles and Mayor Arthurs No: Councillors Brenner, Holland, McLean and Councillor Ryan Resolution #49/02 Moved by Councillor Brenner Seconded by Councillor Holland For Leave to Introduce Motions concerning a Sex Offender Registry and an Investigation into the case of two sex offenders residing in one place of residence. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #50/02 Moved by Councillor Brenner Seconded by Councillor Holland - WHEREAS if members of the public are provided with adequate notice and information about sex offenders who have been or are about to be released from custody and who live or will live in or near a neighbourhood, the community can develop constructive plans to prepare themselves and their children for the offenders release; and WHEREAS the Province of Ontario has enacted "The Christopher Law (Sex Offender Registry)" that requires that a Sex Offender Registry as set out in Appendix 1 to this resolution be kept; and - 6 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. WHEREAS in the Province of Ontario, Police Services are granted the discretionary authority to release the identities of registered sex offenders deemed to be of risk to the public; and - WHEREAS through the media, residents of Pickering became aware of two-registered sex offenders residing with-in the community; and WHEREAS according to an application filed with the Ontario Court of Justice under Section 810,1 of the Criminal Code, Durham Regional Police confirmed grounds to believe that sex offender "Herman Tausendfrende" will commit a sexual offence against a person under] 4 years of age; and WHEREAS sex offender "Herman Tausendfrende" was released pending his hearing on condition that he stays away from . any public pool arena library school property arcade shopping centre parks or places where persons under 14 are present or expected to be, as well as various other terms; and . . . . . . . WHEREAS the Corporation for the City of Pickering is directly and or indirectly the owner/operator of public pools, public arenas, libraries and parks; and ..... WHEREAS the Corporation for the City of Pickering is committed to ensuring all aspects of Safe Communities for its residents; and WHEREAS the Corporation for the City of Pickering requires that the identities of all persons deemed to be a risk to the patrons of its facilities be made known in order that all personnel are able to identify and report such risks to the Durham Regional Police Services; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests that the Durham Regional Police Service provide the identities of all registered Sex Offenders within Durham Region who have been ordered to stay away from any public facilities; and FURTHER THAT the City Solicitor initiate all necessary actions to obtain such information; and FURTHER THAT the City of Pickering endorse and encourage a review oflegislative disclosure procedures by the Durham Regional Police Service pertaining to the release of information as it relates to Registered Sex Offenders deemed to be a risk to the community and that the objective of this review be to ensure quick action with first consideration for children's safety and rights; and FURTHER THAT such procedures be prepared through public consultation; and -- FURTHER THAT the Attorney General of Ontario be requested to review legislation pertaining to the public identification of sex offenders in the community in consultation with the community and interested agencies to develop a policy that will allow police disclosure of sex offenders; and FURTHER THAT a copy of this resolution be forwarded to all Durham area municipalities, Durham Regional Council, all Durham School Boards requesting that they endorse this resolution and initiate similar requests; and - 7 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. FURTHER THAT a copy of this resolution also be forwarded to the Durham Region Police Service Board, all Durham Regional MPs and MPPs. ,- CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Council considered the following motion in conjunction with the above resolution: Resolution #50/02(a) Moved by Councillor Ryan Seconded by Councillor McLean That the above resolution be amended in the third operative clause to read "Further that the City of Pickering endorse and encourage a review of legislative disclosure procedures by the Durham Regional Police Service pertaining to the release of information as it relates to Registered Sex Offenders deemed to be a risk to the community and that the objective of this review be to ensure quick action with first consideration for children's safety and rights; and CARRJED Resolution #50/02(b) .... Moved by Councillor Ryan Seconded by Councillor McLean That the above resolution be amended in the fourth operative clause to read "Further that the Attorney General of Ontario be requested to review legislation pertaining to the public identification of sex offenders in the community in consultation with the community and interested agencies to develop a policy that will allow police disclosure of sex offenders; and CARRJED Resolution #51/02 Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS it has been made known that within the City of Pickering, two registered sex offenders resided in one place of residence; and WHEREAS it is believed that both sex offenders where on probationary orders while residing in one place of residence; and - WHEREAS the Durham Regional Police Service has publicly stated that the Probation Officer assigned to Herman Tausendftend and Trevor Man was aware that both sex offenders jointly resided at 559 Park Crescent; and WHEREAS authorizing two or more sex offenders while on probation to reside in a single unsupervised place of residence could compromise the safety of the community; - 8 - Council Meeting Minutes Monday, March 4, 2002 8:00p.m. NOW THEREFORE the Council of the Corporation City of Pickering hereby requests that the Minister of Corrections, the Attorney General and the Solicitor General conduct a full investigation pertaining to this case and that further the Ministers initiate actions to ensure that such authorizations are not permitted to take place; and - FURTHER THAT a copy of this resolution be forwarded to all Durham Regional MPPs, MPs and the Leaders of the Opposition Parties. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs (IV) BY-LAWS That Councillor Holland, seconded by Councillor Johnson, took leave to introduce by-laws of the City of Pickering: By-law Number 5959/02 Being a By-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. By-law Number 5960/02 .... Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 5770/01, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 5, Plan 282, City of Pickering, (A 20/01) CARRIED THIRD READING: Councillor Holland, seconded by Councillor Johnson, moved that the report of the Committee of the Whole on By-law Numbers 5959/02 and 5960/02, 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 CONFIRMATION BY-LAW By-law Number 5961/02 - Councillor Ryan, seconded by Councillor Johnson, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Regular Council Meeting of March 4,2002. CARRIED (vn ADJOURNMENT The Meeting adjourned at 11 :00 p,m. - 9- Council Meeting Minutes Monday, March 4, 2002 8:00p.m. -- DATED 1t&n rJ { ,It, 2- . ~~~~ MAYOR ':/ // /> .~ ¿~ c- ..... - - 10 - Appendix I Finance & Operations Committee Meeting Foe 2002-2 That the Finance & Operations Committee of the City of Pickering having met on February 25, 2002 presents its second report to Council: - 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 06-02 PICKERING FIRE SERVICES COMMUNlCATIONS/DISP ATCH TECHNOLOGY 1. That the joint report of Corporate Services Department and Operations & Emergency Services Department OES 06-02, regarding Pickering Fire Services, be received; and 2. That Council endorse the concept of an 800 Mhz communication system in conjunction with the City of Oshawa; and 3. That Council give pre-budget approval of the estimated cost of $1.4 million; and 4, That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) Debt financing in the amount of $1,400,000 for a period not exceeding 10 years, at a rate to be determined, be approved; and b) Financing and repayment charges in the amount of approximately $190,000 be included in the annual Current Budget for the City of Pickering commencing in 2002 and continuing thereafter until the loan is repaid; and -.. c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2001 as established by the Province for municipalities in Ontario; and d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate staff be given the authority to give effect thereto, 2. CORPORATE SERVICES REPORT CS 04-02 STATEMENT OF THE TREASURER RESPECTING 2001 REMUNERATION ANDEXPENSEPAYMENTSTOMEMBERSOFCOUNC~ AND COUNC~ APPOINTEES That Council receive for information the Statement of the Treasurer respecting Remuneration and Expense Payments to Members of Council and Council Appointees for the year 2001 as set out in Report CS 04-02. 3, PLANNING & DEVELOPMENT REPORT PD 07-02 REPORT FROM THE REGIONAL CHAIR'S TASK FORCE ON SUST AINABLE/ AFFORDABLE HOUSING - 1, That Report PD 07-02 of the Director, Planning & Development on the Report from the Regional Chair's Task Force on Sustainable/Affordable Housing be received; and - 11 - Appendix I Finance & Operations Committee Meeting Foe 2002-2 - 2. That the Regional Chair be advised that the City of Pickering supports in principle, subject to further discussion and review as outlined in recommendation #3 below, the concept of Area Municipalities being a partner in a multi-partner approach to assi~t in providing financial incentives to encourage the supply to affordable rental hoUSIng; and ¿¡a.. 3. That the Regional Chair be requested to establish an Affordable Rental Housing Working Group with appropriate Regional and Area Municipal representation to further refine, clarify and identify specific implementation program details, for presentation back to local Area Municipal Councils, including but not limited to the following matters: . investigating options and implementation mechanisms, other than direct reduction/waiving of fees, to off-set the area municipality costs attributed to an affordable rental unit program; . ensuring that the costs incurred by an area municipality in waiving area municipal fees and charges are fairly shared among the taxpayers of the Region, and do not result in an unfair financial burden to any area municipality; . ensuring a fair distribution throughout the Region of the maximum 100 subsidized units per year; . limiting the proposed area municipal participation for cost reductions/waivers to the Region's 100 subsidized units per year (whether private or public sector initiatives); . ensuring that subsidies result I reduced rental rates for the tenants; . ensuring the monthly rents will not be increased beyond the target affordable rents; . ensuring the units with subsidized production costs will remain as rental units; . establishing a completion date for the program; and . identifying a monitoring process for the program; 4. That Pickering Council advocates a key role for both the Provincial and Federal governments in funding affordable housing, and urges most strongly the Premier of Ontario and the Deputy Prime Minister to act on those recommendations of Durham Region's Task Force directed at the Provincial and Federal Governments; and 5. That a copy of Report PD 07-02 be forwarded to the Regional Clerk, the Regional Chair, the Clerk of each of Durham's Area Municipalities, the Premier of Ontario and the Deputy Prime Minister. 4. CONFIDENTIAL MEMORANDUM OF THE CHIEF ADMINISTRATIVE OFFICER DATED FEBRUARY 21,2002 CONCERNING A LAND TRANSACTION That the recommendation outlined in the Confidential Memorandum of the Chief Administrative Officer dated February 21, 2002 concerning a corporate business proposal be APPROVED. - - 12 -