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HomeMy WebLinkAboutNovember 5, 2001 Council Meeting Minutes Monday, November 5, 2001 7 :30 p.m. PRESENT: - Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson (left at 7:35 p.m.) B. McLean D. Pickles D.Ryan ALSO PRESENT: T. 1. Quinn N. Carroll G. Paterson B. Taylor D. Kearns - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Committee Coordinator Councillor Johnson declared an interest in the matter concerning the PickeringlUxbridge Townline as he is involved in litigation concerning this item. He left the Council Chambers prior to the deputations and did not return to the meeting. - (D ADOPTION OF MINUTES Regular Meeting of October 15, 2001 Special Meeting of October 15, 2001 Special Meeting of October 22,2001 DELEGATIONS (ID 1. The following persons addressed Council with respect to the Pickering/Uxbridge Townline: - a. Jeff O'Byrne, 5100 Sideline 8, advised that he has a legal agreement with the City for his private driveway and was approached last year by Councillor Johnson requesting access through Mr. O'Byrne's property to his property. He stated that his problems began when the Committee of Adjustment advised him that he could not restrict access through his private driveway and, therefore, he could not protect his interests. Some neighbours felt he was in league with Councillor Johnson and began blocking his driveway. He thanked Councillor Brenner for arranging a meeting between himself, Councillor Brenner and the Solicitor for the City to determine access. He requested that Councillor Johnson and the neighbours respect their rights. He thanked Councillor Brenner, Councillor Holland and the Solicitor for the City for their assistance. b. Bill Wilder, 5335 Sideline 12, expressed his opposition to Councillor Johnson's actions and requested the City to take legal steps to restore the road and his fence. He stated that Councillor Johnson should have followed the legal advise and found out how to unlock land locked property. He further stated that Councillor Johnson did not seek approvals from Pickering or Uxbridge and did not consult with the neighbours. - I - Council Meeting Minutes Monday, November 5, 2001 7 :30 p.m. c. Norrine Hill, representing the Claremont Seniors, advised that the townline was a road when she was a child and Councillor Johnson should be allowed to use the road for access to his property . - d. Mrs. Wilson, stated that the Townline Road was used years ago to truck cattle in and out. The road allowance is there and she questioned when does a road cease to be a road. She stated that the work on the road has been well done so far and she would like to see him be allowed to put a nice home on his property. e. Irene Kock, representing the Uxbridge Conservation Association, advised that she was present to protest the damage done to PickeringlUxbridge Town Line and Sideline 8 by Councillor Johnson. Councillor Johnson acted in violation of by-laws, and without obtaining proper approvals when he cleared the land. The City of Pickering should take legal action against Councillor Johnson to ensure that the road is planted and restored of the natural grade and top soil. Councillor Johnson should also pay back all the monies he received from the sale of timber cut from the road allowance and he should pay for the damage to neighbours' property . We ask Pickering Council to conduct a fair and unbiased hearing on this matter under its Code of Conduct policy. Who did the bulldozing, how and how much were they paid and have any of the individuals or companies that performed the work for Councillor Johnson come before Pickering Council in the past? Councillor Johnson destroyed that section of the Townline that is traversed by the Trans Canada Trail, just east of Westney Road. - f Angie Jones, representing the Durham Region Conservation Association, stated that it was not Councillor Johnson's right to blast through an unopened road allowance. He only received verbal approval and this action is seen as an abuse of his position as Chairman of the Regional Works Committee and his Central Lake Ontario Conservation Authority position. The Townline must be restored to its previous condition. She questioned if a form was filled out with respect to the Durham Tree By-law, who was involved in this project and are they also liable. g. Brian Buckles, 2300 Concession 7, Uxbridge, representing the Green Door Alliance, requested that the review be released to the public and that legal action be taken against Councillor Johnson for restoration of the Townline to it's previous condition. Assessment should be taken of the damage which will occur in the future due to the destruction by Councillor Johnson and financial restitution should be demanded of Councillor Johnson. Councillor Johnson should also be responsible for paying for repairs on neighbouring residents property resulting from his bulldozing. The boulders should be replaced and the City of Pickering should work with the Township of Uxbridge to determine ownership. A review should be undertaken to assess whether Council would have given approvals for the road allowance if Councillor Johnson was just another citizen. What happened with the stop work orders and what was the understanding of the Roads Supervisor regarding his conversation with Councillor Johnson concerning the stop work orders. h. Chris Bardecki, 1240 Concession 7 Road, Uxbridge, requested that the Townline be restored, that the public be made aware of conversations pertaining to this matter, that legal action be taken against Councillor Johnson, and that the neighbouring residents be reimbursed for any damage caused to their property by the work undertaken by Councillor Johnson. - 1. Leslie Fisher, Highway #7, understands that Councillor Johnson was given a permit to log on his property. He advised that the Townline remained a road as long as there was access and the boulders were placed there to prevent access to the TRCA land. The Townline should be restored to a road as it was years ago. The City needs to create a plan to deal with all situations concerning roads that have been allowed to overgrow preventing access as a road. -2- Council Meeting Minutes Monday, November 5,2001 7:30 p.m. - J. Sue Polanyi, 5495 Westney Road, advised that her property abuts the area where the boulders use to sit. She advised of the order of events beginning last spring and further advised that she had contacted both the TRCA and the City of Pickering and received no response from either. k. Ron Dewell, TRCA, advised that they have extensive holdings in the area, some along the Townline and some adjacent to the property in question and they are concerned with the impact Councillor Johnson's work will have on their property. He referred to the recommendations outlined in the report dated October 31, 2001 in which the Authority continue to work with Councillor Johnson to resolve the encroachment on TRCA property and work with the City of Pickering, the Township of Uxbridge, the community and other land owners in the area to close and reinstate the road allowance and restore the Trans Canada Trail. 1. Michael Tucker, representing the Uxbridge Trail Committee (Uxbridge Chapter of Trans Canada Trail), advised that the Trans Canada Trail is a world class, recreational treasure. He is outraged and dismayed by the damage done by Councillor Johnson advising that part of the road constructed by Councillor Johnson was a portion of the trail. He requested that Council take immediate and decisive action against Councillor Johnson and that Councillor Johnson be removed from the Conservation Authority. - m. David Curry, 5160 Westney Road, stated his anger concerning this matter and his feeling of betrayal by Councillor Johnson. This work was carried out without the proper authorization. He questioned who carried out the work, how were they compensated and were the trees used as payment. He also read a deputation of Dr. Polanyi's advising that the boulders have not been replaced as promised, there is no evidence of proper authorization given to Councillor Johnson and there is no indication that the damage done to his fence by the falling trees and subsiding earth will be repaired. He requested that the road allowance adjacent to Councillor Johnson's property be restored and the damage to private property be made good. David Curry also read a deputation of David Harris who requested that a full enquiry be undertaken and the T ownline be restored. n. Lome Almack, 4745 Brock Road, advised that he is not vindictive towards Councillor Johnson but is for democracy. He requested that this not be swept under the carpet but that an investigation be undertaken to obtain all facts. He questioned who did the bulldozing, who owned the bulldozer and where did the culverts come from. o. Irv Harrell, 1414 Harmony Rd. N., Oshawa, stated that the public has the right to know the facts and that the report should be released. He suggested that it is the duty of Council to seek total restoration of the boundary road and Sideline 8 to its original condition and that Council should rescind the nomination of Councillor Johnson as their representative on CLOCA. Resolution #135/01 - Moved by Councillor Brenner Seconded by Councillor Holland That additional delegations be heard. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs Conflict: Councillor Johnson - 3 - Council Meeting Minutes Monday, November 5,2001 7:30 p.m. - p. David Jones, Uxbridge/Pickering Townline, advised that the work undertaken was excessive if road was to access property for single family dwelling. The widening of the road has resulted in high, steep banks which will eventually result in erosion. In conversation with Councillor Johnson concerning the situation, Councillor Johnson suggested that if Mr. Jones is concerned about the property that Mr. Jones offer to buy the property. He suggested that the report be shared with the public and stated that the same standard apply to Councillor Johnson as would to a private citizen. q. Don Bennett, 5277 Brock Road, stated that unless a road is closed by by-law then it remains a public opened road. If the Townline was a road then it is still a road which the municipality should maintain. r. Ed Sanders, 2180 Westney Road, commented on other roads which were not maintained and overgrown but still should remain roads. s. Glen Hayes, Claremont, advised that a car was stuck on the road as mentioned by Councillor Johnson and that the police did have it removed which caused great ruts in the road. He suggested that this road should be graded and the Town should return it to a road. 1. Fred Beer, Westney Road, advised that Councillor Johnson paid $200,000 for this piece of property which was landlocked and wondered what drove him to purchase this land. - u. Greg Stott, 205 Willow Ave, Toronto, stated that this area is refuge, a sanctuary and that many residents feel it a great privilege to have access to the area. What Councillor Johnson did was a total disregard for the community. He questioned how this occurred and urged Council to rectify the situation. v. Liz Currie, 5160 Westney Road, commented. on the amount of public participation in the Official Plan and urged continued public process and open disclosure. She suggested having a citizens group to work with Council on the report which could be public. (lID RESOLUTIONS Resolution #136/01 - Auuendix #1 Moved by Councillor Brenner Seconded by Councillor McLean That the Report of the Finance Committee dated October 22, 2001 be adopted. CARRIED Councillor Ryan declared an interest in Item #3 of the Finance Committee Report as a family member is involved with Sunlife Financial Services of Canada Inc. - Resolution #137/01 - Auuendix #ll Moved by Councillor Pickles Seconded by Councillor McLean That the Report of the Operations Committee dated October 24,2001 be adopted. CARRIED -4- Council Meeting Minutes Monday, November 5, 2001 7:30 p.m. Resolution #138/01 - ADDendix #ill - Moved by Councillor Ryan Seconded by Councillor McLean That the Report of the Special Operations Committee dated November 5,2001 be adopted. CARRIED Resolution #139/01 Moved by Councillor Brenner Seconded by Councillor Pickles THAT the letter dated October 25, 2001 from the Regional Clerk advising of a resolution passed by the Council of the Regional Municipality of Durham to adopt a recommendation of the Regional Transit Coordinating Committee regarding the establishment of a Task Force to be comprised of the Heads of Council and the members of the Regional Transit Coordinating Committee to develop a plan to consider a regional transit system be received; and THAT the Council of the City of Pickering hereby acknowledges the participation on this Task Force of Mayor Arthurs as the City's Head of Council and Councillor Brenner as a member of the Regional Transit Coordinating Committee. CARRIED - Resolution #140/01 Moved by Councillor Ryan Seconded by Councillor Holland That Mayor Arthurs be authorized to make the following proclamation: "Operation Christmas Child Week" - November 5-9,2001 "Drug Awareness Week" - November 18-24, 2001 CARRIED Resolution #141/01 Moved by Councillor Pickles Seconded by Councillor McLean WHEREAS public infrastructure is the backbone of a successful and dynamic economy; and WHEREAS Federal and Provincial financial support is essential for public infrastructure upgrades, replacement and expansion; and - WHEREAS the current slowing of the economy combined with the tragic events of September 11, 2001, have created substantial uncertainty in the Canadian economy, particularly in Ontario; and WHEREAS the City of Pickering welcomes the Ontario Government's renewed commitment towards supporting public infrastructure with its recent announcement of financial assistance for public transit and roads and bridges; and WHEREAS the City of Pickering has urgent infrastructure needs that include roads, bridges, a fire hall and recreational facilities; - 5 - Council Meeting Minutes Monday, November 5, 2001 7:30 p.m. NOW THEREFORE the Council of the City of Pickering calls on both the Federal and Provincial Governments to speed up the existing infrastructure funding process under the Canada-Ontario Infrastructure Program (COIP) and SuperBuild in order to provide a much needed economic stimulus in the face of the current economic downturn; and - FURTHER THAT the Council of the City of Pickering supports the call from the Association of Municipalities of Ontario for the Federal and Ontario Governments to return to a straightforward 1/3- 1/3-1/3 funding formula for COIP and SuperBuild funded projects; and FURTHER THAT this resolution be copied to the Honourable Janet Ecker, MPP, Dan McTeague, MP and the Honourable Timothy Hudak, Minister of Tourism, Culture and Recreation and responsible for the SuperBuild Program. CARRIED (IV) BY-LAWS That Councillor Holland, seconded by Councillor Ryan, took leave to introduce by-laws of the City of Pickering: By-law Number 5900101 Being a by-law to establish policies governing the purchase and disposal of goods and services. (Hereinafter called the Purchasing By-law). - By-law Number 5901/01 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 5902/01 Being a by-law to authorize the execution of an Amending License Agreement with Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Pickering Recreation Complex Arena. By-law Number 5903/01 Being a by-law to authorize the execution of a Lease Agreement between Horizon House, Where Heaven and Earth Meet and The Corporation of the City of Pickering respecting the Green River Community Centre (October 1, 2001 to September 30,2004). CARRIED THIRD READING: - Councillor Holland, seconded by Councillor Ryan, moved that the report of the Committee of the Whole on By-law Numbers 5900101, 5901/01, 5902/01 and 5903/01, 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 - 6 - Council Meeting Minutes Monday, November 5, 2001 7 :30 p.m. (~ CONmRMATIONB~LAW - By-law Number 5904/01 Councillor McLean, seconded by Councillor Holland, 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 November 5,2001. CARRIED (VD OTHER BUSINESS 1. Councillor Holland gave notice of a motion, seconded by Councillor McLean, concerning Smart Growth Strategy. 2. Councillor Pickles gave notice of a motion concerning a school. (VII) ADJOURNMENT The Meeting adjourned at 10:00 p.m. - DATED 12cv-- 2.0 '2..00 ( I ~~ MAYOR L- - -7- Appendix I Finance Committee Report FC-2001/02 That the Planning Committee of the City of Pickering having met on October 22, 2001, presents its second report to Council and recommends: - 1. CORPORATE SERVICES REPORT CS 30-01 REOUESTFORPROPOSAL It is recommended that Report CS 30-01 of the Director, Corporate Services & Treasurer be received for information. 2. CORPORATE SERVICES REPORT CS 35-01 PURCHASING BY-LAW. POLICY AND PROCEDURES 1. It is recommended that Report CS 35-01 of the Director, Corporate Services & Treasurer be adopted by Council; and 2. That the purchasing Policies and Procedures adopted by Council in March 1989 under Resolution #35/89 and any subsequent amendments, policies or procedures adopted by Council in this regard be repealed; and 3. The attached Purchasing By-law (Attachment #1) be read three times and approved; and 4. That a copy of this Report and the attached By-law, Policy and Procedures be forwarded to the Pickering Public Library Board for their information and, if necessary, approval; and - 5. That the appropriate authorities of the City of Pickering be given authority to give effect thereto. 3. CORPORATE SERVICES REPORT CS 22-01 SUNLIFE FINANCIAL SERVICES OF CANADA INC. 1. That Report CS 22-01 of the Director, Corporate Services & Treasurer regarding SunLife Financial Services of Canada Inc. be received. 2. That the Chief Administrative Officer and the Treasurer be and they are hereby authorized on behalf of the Company to accept and convey, assign, transfer or otherwise dispose of all or any shares, stocks, bonds, debentures, debenture stock and other securities of every description now or hereafter registered in the name of the Company or held or owned by the Company and to sign and execute on behalf of the Company all and any instruments of acceptance and transfer and other documents whenever necessary or proper to effectuate the same with full power to appoint any attorneys with full power of substitution therein, and that any and all instruments of acceptance and transfer and other documents in connection therewith heretofore signed and executed on behalf of the Company in accordance with the authority set out above are hereby ratified and confirmed. - 3. The Clerk of Pickering be authorized to certify the above Resolution and any other documents necessary. 4. The Treasurer be authorized to sell 397 share of SunLife Financial Services of Canada Inc. and any other securities described above. 5. The appropriate officials of the City of Pickering be given authority to give effect thereto. - 8 - Appendix n Operations Committee Report OC-2001/02 That the Operations Committee, having met on October 24, 2001, presents its second report to Council and recommends: - 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 022-01 TENDER T -11-2001 - TENDER FOR REMOVAL AND REPLACEMENT OF CONCRETE BOX CULVERT 1. That Tender No. T-II-200l submitted by Bry Ron Contracting Ltd. in the amount of $73,438.92 including 7% G.S.T. be accepted; and 2. That a project cost of $75,843.68 including the Tender amount and other associated costs be approved; and 3. That funding in the amount of$76,000.00 be approved. 2. OPERATIONS & EMERGENCY SERVICES REPORT OES 024-01 STATUS 2001 CAPITAL BUDGET PROJECTS That the memorandum of the Director, Operations & Emergency Services regarding status of the 2001 Capital Budget Projects, be received for information. 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 025-01 PLAY EOUIPMENT - That the memorandum of the Director, Operations & Emergency Services regarding Play Equipment Replacement, be received for information. 4. OPERATIONS & EMERGENCY SERVICES REPORT OES 026-01 MASTER PLAN STATUS REPORT That the memorandum of the Director, Operations & Emergency Services regarding status report of the Recreation, Parks & Culture Master Plan, be received for information. - - 9 - Appendix m Special Operations Committee Report OC-2001/03 That the Operations Committee, having met on November 5, 2001, presents its third report to Council and recommends: - 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 29-01 TENDER T-13-2001 TENDER FOR AMBERLEA CREEK STABILIZATION - PHASE 2 1. That Tender No. T-13-2001 submitted by Brinkman & Associates for Amberlea Creek Stabilization in the amount of $78,084.96 including 7% G.S.T. be accepted, and 2. That a project construction cost of $100,555.59 including the Tender amount and previously approved works be approved, and 3. That funding in the amount of$100,556.00 be approved. - - - 10-