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HomeMy WebLinkAboutSeptember 18, 1995• COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday, September 18, 1995 at 7:45 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner D. Farr R. Johnson - (Arrived at 10:15 p.m.) E. Pistritto D. Ryan S. Senis ALSO PRESENT: • C.M.T. Sheffield T.J. Quinn B. Taylor N. Carroll T. Melymuk D. Kearns - Town Manager/Temporary Acting Clerk - Executive Director of Operations - Town Clerk - Director of Planning - Deputy Director of Planning - Co-ordinator of Council Services (I) ADOPTION OF MINUTES Regular Meeting of August 8, 1995. Special Council Meeting of August 8, 1995 (H) DELEGATIONS 1. The following persons addressed Council with respect to the application to the "Take Back The Night" event: a) Rita McDonald, 880 Sheppard Avenue spoke in support of the "Take Back is The Night" event. b) Deborah Owen, 1529 Rawlings Drive extended an invitation to Council and families to attend the "Take Back The Night" events. • (M DELEGATIONS 149 2. Marti Martell, 1580 Kingston Road, addressed Council with respect to handicapped access in areas of Pickering. Mr. Martell outlined the areas causing those with scooters the most difficulty - Hwy. 2 and Glenanna, southwest corner of Brock and Hwy. 2, Bay Ridges Plaza, Liverpool and Haller. A sidewalk should be installed on the south side of #2 between Brock and Ajax and leading to Post Office. Entrance to the mall is difficult as well as washroom facilities. He outlined several plazas which have not painted their parking spots - First Pickering Place, Hub Plaza near Pet Value. 3. Bill Hutchinson, Dennis Goulin and Martin Olenroot of the United Way of Ajax- Pickering addressed Council with respect to the 1995 United Way Kick-off Campaign. He stated that the volunteer kick-off went well and invited Members of Council and residents to the Official Kick-Off Dinner taking place at the Civic Complex on Saturday, September 30, 1995. The 1995 United Way Video was shown. 4. The following persons addressed Council with respect to Specialized Transit: a) Bill Hicks, 555 Steeple Hill Dr., President of the South Pickering Seniors advised that he will be working with the Committee to ensure continued service. b) Margaret Reaney, 1580 Kingston Road, Unit #68, stated that transit is a right, not a privilege, specialized services must be reliable and consistent. On behalf of DAC, she hopes specialized services is given priority. She stated that specialized services is import for work, school, medical and socializing. c) Irene Willadsen, 1271 Haller Avenue stated her concern with possible cut backs in specialized services and advised that both disabled and elderly require this service. d) Dorothy Bruce, 1990 Whites Road, Unit #115 advised of her agreement with the previous speakers. 5. The following persons addressed Council with respect to the proposed cemetery on the north side of Highway #7: a) Alan Clark, R. R. #1, Locust Hill submitted a request for inclusion which stated that all properties south of proposed Hwy. 407, north of Hwy. 7 between Lots 1 and 12, Conc. 6 be designated Open Space at the same time as OPA 94-005F, and that this request be forwarded to the Regional Planning Commissioner for presentation before the O.M.B. in 1995-96 in Durham Region. b) Don Drake, R. R. #1, Locust Hill outlined the benefits of maintaining this property as agricultural land. He also advised that golf courses use six times the amount of pesticide spray as farmers. c) John McDermott, representing Greenwood Gardens introduced the applicants. He advised that a cemetery is exempt from paying taxes. • Overheads were shown of information pertinent to this application as well as correspondence from the Ministry of Transportation concerning Hwy. 407. He requested Council's endorsement of this application. • (II) DELEGATIONS 150 d) Ian McCully, Trimbles Lane, Greenwood advised that there is 100 years supply of cemetery land. The approval of this application will have a definite impact on surrounding land uses. He stated his concerns regarding, traffic through Greenwood, contamination of water supply, loss of Class 1 farmland and the developers lack of experience and financial position. 41 6. Gary Lochhead, 1165 Gloucester Square, addressed Council with respect to the management of 1400 The Esplanade. Mr. Lochhead outlined a situation with Del Property Management and requested Council's assistance on compassionate grounds. 7. Bill Brown, Superintendent of Salem Cemetery advised that there are twelve active cemeteries in Pickering and that he works seven of them. Pressure is coming down on heritage cemeteries due to their low prices. Lots are needed within Pickering and Council will feel the pressure in the near future for more cemeteries. (III) RESOLUTIONS Resolution #187/95 - See Appendix #1 Moved by Councillor Farr Seconded by Councillor Ryan That the Report of the Executive Committee dated September 11, 1995 be adopted. • CARRIED Council considered the following motions in conjunction with the above resolution: Resolution #188/95 Moved by Councillor Pistritto Seconded by Councillor Brenner That Items 1 - 4 be deferred for two weeks. LOST Recorded Vote: Yes: Councillors Brenner and Pistritto No: Councillors Farr, Ryan, Senis and Mayor Arthurs Absent: Councillor Johnson L:A • 151 Resolution #189/95 Moved by Councillor Pistritto Seconded by Councillor Brenner That in the interests of fairness and equitable treatments of all property owners south of proposed Highway 407, north of Highway 7 between Lots 1 and 12, Concession 6, (Lakeridge Road to Greenwood) it is recommended that: These properties also be designated to Open Space at the same time as OPA 94-005P, and that ,is this recommendation be forwarded to the Regional Planning Commissioner for presentation before the O.M.B.in 1995-96 in Durham Region. LOST Recorded Vote: Yes: Councillors Brenner and Pistritto No: Councillors Farr, Johnson, Ryan, Senis and Mayor Arthurs Resolution #190/95 Moved by Councillor Pistritto Seconded by Councillor Brenner That a Needs Study be undertaken. LOST • Recorded Vote: Yes: Councillors Brenner and Pistritto No: Councillors Farr, Johnson, Ryan, Senis and Mayor Arthurs Resolution #191/95 Moved by Councillor Pistritto Seconded by Councillor Brenner That a Needs Study be undertaken before the Implementing Zoning By-law is forwarded to Council. LOST Resolution #192/95 Moved by Councillor Ryan Seconded by Councillor Brenner WHEREAS the Council of The Corporation of the Town of Pickering wishes to reaffirm its opposition to the development of an airport in Pickering; NOW THEREFORE the Council of The Corporation of the Town of Pickering hereby undertakes as follows: ......../continued • 152 1. To advise the Region that it opposes the development of an airport in Pickering. 2. To receive Town IDT Report No. 1/95 and direct that the Town Clerk forward it to the Region of Durham for its information; and 3. To advise the Region of Durham that should it choose to consider the recommendations contained in Durham Region Report No. 95-J-7, then the recommendations contained in Town IDT Report No. 1/95 shall be considered as Town Council's position respecting this matter. CARRIED Councillor Johnson declared an interest as he leases property from the Federal Government. Council considered the following motion in conjunction with the above resolution: Resolution #193/95 Moved by Councillor Senis Seconded by Councillor Pistritto To divide the above resolution. CARRIED Recorded Vote on Item #1: Yes: Councillors Brenner, Pistritto, Ryan and Mayor Arthurs No: Councillor Farr and Senis Resolution #194/95 Moved by Councillor Brenner Seconded by Councillor Ryan That Mayor Arthurs be authorized to make the following proclamations: September 24 - 30, 1995 - Ontario Home Week September 25 to October 1, 1995 - Survivors, The Art of Courage Week Month of October, 1995 - Breast Cancer Awareness Month CARRIED it 153 Resolution #195/95 Moved by Councillor Senis Seconded by Councillor Farr WHEREAS the Provisions Court decision in Regina v. Mara and East (Hachborn, J.) established that the conduct known as lap dancing does not constitute an immoral indecent or obscene performance, in part because that conduct falls within the Canadian community's standards of tolerance; and WHEREAS the regulation of what constitutes an immoral, indecent or obscene performance is within federal jurisdiction and is dealt with in the Criminal Code; and WHEREAS the provincial government has expressed a concern respecting the conduct known as lap dancing, particularly as it relates to the health and safety of workers; and WHEREAS the Council of The Corporation of the Town of Pickering represents that part of the Canadian community resident with the boundaries of the Town (the "Pickering community"); NOW THEREFORE BE IT RESOLVED THAT: 1. The Pickering community considers that certain touching activity in adult entertainment parlours, i.e. lap dancing, does not fall within the Pickering Community's standards of tolerance is indecent and therefore not to be condoned. 2. The Government of Ontario is hereby urged, (a) to issue a statement that it considers certain touching activity in adult entertainment parlours, i.e. lap dancing, to be indecent, and (b) to request the Government of Canada to declare such activity to be indecent public conduct. 3. The Government of Ontario is hereby requested to pursue its announced initiatives to prohibit such activity in Ontario as quickly as possible. 4. A copy of this Resolution shall be forwarded to the Honourable Mike Harris, Premier of Ontario; the Honourable Charles Harnick, Attorney-General of Ontario; Janet Ecker, Member of Provincial Parliament; the Crown Attorney for the Region of Durham; Medical Officer of Health and Dan McTeague, M.P. CARRIED Recorded Vote: Yes: Councillors Brenner, Farr, Johnson, Pistritto, Ryan, Senis and Mayor Arthurs G • 154 (M BY-LAWS That Councillor Johnson seconded by Councillor Ryan took leave to introduce by-laws of the Town of Pickering: 41 By-law Number 4667/95 Being a by-law to adopt Amendment Number 88 to the District Plan for the Town of Pickering (OPA) 94-005/P). By-law Number 4668/95 Being a by-law to authorize the execution of a Development Agreement respecting the relocation and construction of a storm sewer on those parts of Block E, Plan M-1024, Pickering, designated as parts 1, 2, and 3, Plan 40R-14473 and on the Pickering Parkway road allowance. By-law Number 4669/95 Being a by-law to authorize the execution of an Indemnification Agreement respecting the lands identified as that part of Lot 10, Plan M-917, Pickering (designated as Part 1, Plan 40R-12660). By-law Number 4670/95 Being a by-law to amend By-law Number 4547/94 to appoint persons to various agencies, boards and committees. By-law Number 4671/95 Being a by-law to appoint the firm of Hurren, Flett, Sinclair as the Town Auditor for the period August 1, 1995 to September 30, 1997, inclusive. By-law Number 4672/95 Being a by-law to authorize the execution of a Licence Agreement between The Corporation of the own of Pickering and the Regional Municipality of Durham. By-law Number 4673/95 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2835/88, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Block 70, Plan 40M-1700, in the Town of Pickering. (A19/94) THIRD READING: Councillor Johnson, seconded by Councillor Ryan moved that the report of the Committee of the Whole on By-law Numbers 4667/95, 4668/95, 4669/95, 4670/95, 4671/95, 4672/95 and 4673/95 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. O CARRIED • 155 (y) OTHER BUSINESS 1. Councillor Pistritto, advised that he will be introducing two Notices of Motion, one concerning Civic Complex hours and the second concerning Craig S. Bradford carrying out an assessment of the financial and management structure of the Town of Pickering. 2. Councillor Pistritto questioned whether the Town subsidizes the busing of seniors to the Dominion Store on Whites Road. 3. Councillor Ryan advised that a gentleman from the Atomic Energy Control Board and Mr. Dan McTeague, M.P., will attend the September 27th Council meeting concerning the article in the Toronto Star about the possible closure of Pickering Generating Station. 4. Councillor Johnson advised of a Traffic Calming Workshop being held on Thursday for Whitevale, Cherrywood and Greenwood. 5. Councillor Johnson advised that on October 17th a Jobs Program - W.I.N. (Weekly Interactive Network) will be held at the Pickering Recreation Complex in Arena Meeting Rooms A & B. This program is sponsored be Minacs & Associates, The Town of Pickering and Tim Hortons. 6. Councillor Brenner advised that he will be bringing forth a Notice of Motion concerning the establishment of an Audit Committee. 7. Councillor Brenner thanked Mr. Quinn, Executive Director of Operations for his quick response to a situation regarding sidewalks on Rosebank Road and requested that the Town Clerk look into this matter. 8. Mayor Arthurs thanked Councillor Brenner for attending the Terry Fox Run on his behalf. 9. Mayor Arthurs outlined the various events which have taken place recently within Pickering - Fund Raising-Hospital Foundation, Food Drive. 10. The following matters were discussed prior to the regular meeting: a. Ross Fitchett, Hydro gave a brief outline of the situation with regards to the Atomic Energy Control Board and the possible closure of the Pickering Generating Station. b. The Town Manager distributed copies of correspondence from the Treasurer regarding the taxing of cemeteries. C. The Town Manager advised that a request had been received concerning the printing of flyers by the Town for the Thanksgiving Food Drive. Resolution #196/95 Moved by Councillor Farr Seconded by Councillor Ryan P That a one time Grant be approved for the printing of flyers for the Thanksgiving Food Drive. CARRIED d. Mayor Arthurs gave an update on the GTA Mayors Committee. E 156 (VI) CONFIRMATION BY-LAW By-law Number 4674/95 Councillor Pistritto seconded by Councillor Ryan moved for leave to introduce a By-law of the Town of Pickering to confirm those proceedings of the Council of the Corporation of the Town of Pickering at its meetings held on the 18th day of September, 1995 and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED (VIII ADJOURNMENT Dated The Meeting adjourned at 11:25 p.m. MAYOR Z-- IffLERK- LAI . APPENDIX #1 TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on September 11, 1995, presents its eleventh report to Council and recommends: 1. OFFICIAL PLAN AMENDMENT APPLICATION 94-005/P ZONING BY-LAW AMENDMENT APPLICATION A 15/91 MINISTER'S ZONING ORDER AMENDMENT APPLICATION 18ZO-299106 908127 ONTARIO INC. PART OF LOT 9, CONCESSION 6 (NORTH SIDE OF HIGHWAY 7, EAST OF WESTNEY ROAD) FILE NUMBER - B 2310 - OPA 94-005/P FILE NUMBER - B 2310 - A 15/91 - 18ZO-0299106 That Official Plan Amendment Application 94-005/P, submitted by 908127 Ontario Inc. to permit a cemetery use, on lands being Part of Lot 9, Concession 6, Town of Pickering, be APPROVED as outlined in Appendix No. I to Recommendation Report No. 20/95; and That the draft by-law to adopt Amendment No. 88 to the Pickering District Plan be forwarded to Council for enactment, and subsequently, that this Amendment be forwarded to the Region of Durham for approval. 2. OFFICIAL PLAN AMENDMENT APPLICATION 94-005/P ZONING BY-LAW AMENDMENT APPLICATION A 15/91 MINISTER'S ZONING ORDER AMENDMENT APPLICATION 18ZO-299106 908127 ONTARIO INC. PART OF LOT 9, CONCESSION 6 (NORTH SIDE OF HIGHWAY 7, EAST OF WESTNEY ROAD) FILE NUMBER - B 2310 - OPA 94-005/P FILE NUMBER - B 2310 - A 15/91 - 18ZO-0299106 That Zoning By-law Amendment Application A15/91, submitted by 908127 Ontario Inc. to permit a cemetery use, on lands being Part of Lot 9, Concession 6, Town of Pickering, be APPROVED IN PRINCIPLE subject to the conditions outlined in Appendix No. II to Recommendation Report No. 20/95. 3. OFFICIAL PLAN AMENDMENT APPLICATION 94-005/P ZONING BY-LAW AMENDMENT APPLICATION A 15/91 MINISTER'S ZONING ORDER AMENDMENT APPLICATION 18ZO-299106 908127 ONTARIO INC. PART OF LOT 9, CONCESSION 6 (NORTH SIDE OF HIGHWAY 7, EAST OF WESTNEY ROAD) FILE NUMBER - B 2310 - OPA 94-005/P FILE NUMBER - B 2310 - A 15/91 - 18ZO-0299106 That Town Council recommend to the Ministry of Municipal Affairs that Minister's Zoning Order Amendment Application 18ZO-0299106 to permit a cemetery use, on lands being Part of Lot 9, Concession 6, Town of Pickering, be APPROVED, subject to the conditions outlined in Appendix III to Recommendation Report No. 20/95. • 2 4. OFFICIAL PLAN AMENDMENT APPLICATION 94-005/P ZONING BY-LAW AMENDMENT APPLICATION A 15/91 M MISTER'S ZONING ORDER AMENDMENT APPLICATION 18ZO-299106 908127 ONTARIO INC. PART OF LOT 9, CONCESSION 6 (NORTH SIDE OF HIGHWAY 7, EAST OF WESTNEY ROAD) FILE NUMBER - B 2310 - OPA 94-005/P FILE NUMBER - B 2310 - A 15/91 - 18ZO-0299106 That Town Council respond to the applicants' request under the Cemeteries Act by advising the Registrar of the Town's APPROVAL of the proposed cemetery, subject to the following conditions and publish notice of the decision in a local newspaper: (a) that the various planning applications associated with the proposed cemetery be finalized including the owner entering into a site plan/development agreement with the Town; and (b) that the Town be satisfied that the operating by-law and financial arrangements made under the Cemeteries Act adequately protect the long-term interests of the Town of Pickering and the public. 5. DURHAM REGION LAKE ONTARIO WATERFRONT REPORT A DRAFT FOR DISCUSSION The Town Council: 1. Support the initiatives of the Region of Durham set out in the "Durham Region Lake Ontario Waterfront Report - A Draft For Discussion" to provide policies and guidelines for undertaking waterfront planning through appropriate amendments to the Durham Regional Official Plan and through the development of Waterfront it Guidelines. 2. Authorize Town staff to continue to work with the Region to develop appropriate regional official plan policies and waterfront guidelines that will provide for local planning and will implement the Region's waterfront vision of an active and attractive, healthy, accessible, and coordinated waterfront. 3. Receive Planning Report No. 14/95 as the Town's comments on the "Durham Region Lake Ontario Waterfront Report - A Draft For Discussion" and forward a copy of the report to the Regional Municipality of Durham. 6. STATEMENT OF FINANCIAL POSITION AS OF JUNE 30, 1995 That the half-yearly Statement of the Financial Position of the Town of Pickering as attached to the Report of the Treasurer-Collector dated August 14, 1995 be received. 0 3 0 7. REQUEST FOR PROPOSAL EXTERNAL AUDITING SERVICES That Proposal No. REP-4-95 submitted by Hurren, Flett, Sinclair, Chartered Accountants, for the provision of external audit services be approved; and That the firm of Hurren, Flett, Sinclair, Chartered Accountants, be appointed external auditors for the period August 1, 1995 to September 30, 1997 inclusive; and That the Treasurer be instructed to include proposed annual fees for 1996 and 1997 in future year budgets; and That the draft-by-law to appoint Hurren, Flett, Sinclair as external auditors for the Town of Pickering be forwarded to Council for enactment. 8. PROCLAMATIONS That Mayor Arthurs be authorized to make the following proclamation: "WEEK OF THE CHILD" - OCTOBER 15 - 21, 1995. 9. TENDER NO. T - 5 - 95 TENDER FOR EXPANSION OF PARKING LOT - PICKERING RECREATION COMPLEX That Tender No. T - 5 - 95 submitted by Bry Ron Contracting Ltd. in the amount of $83,083.47 be approved. 10. LITIGATION MATTER FILE NUMBER W4502Q WHEREAS The Corporation of the Town of Pickering has retained various Consultants for the purpose of advising and assisting it in opposing the designation by the Interim Waste Authority of Site EE11 as the Preferred Site in the Durham Region Landfill Site Search; and WHEREAS it is necessary to authorize payment of certain Consultants' invoices respecting certain fees and disbursements for services rendered in connection therewith (Payment Approval W4502/95/05); NOW THEREFORE BE IT RESOLVED THAT: 1. The Council of The Corporation of the Town of Pickering hereby approves payment of the following amount to the Consultants listed below for services rendered in 1995 for the purpose of advising and assisting it in opposing the designation by the Interim Waste Authority of Site EE11 as the Preferred Site in the Durham Region Landfill Site Search: Consultant Avian Aviation Consultants Government Policy Consultants HCI Waste Plan Osler, Hoskin & Harcourt Ronald Pushchak Walker, Nott, Dragicevic Associates Ltd Amount $ 1,750.00 5,502.05 6,377.29 4,316.49 212.50 691.43 0 4 11. LITIGATION MATTER FILE NUMBER W4404 Q and L919405 Q • WHEREAS The Corporation of the Town of Pickering has retained various Consultants for the purpose of advising and assisting it in connection with the Town's preparation for the commencement of legal action to close the Brock West Landfill Site; and WHEREAS it is necessary to authorize payment of certain Consultants' invoices respecting fees and disbursements for services rendered in connection therewith (Payment Approval W4404/95/95); NOW THEREFORE BE IT RESOLVED THAT: 1. The Council of The Corporation of the Town of Pickering hereby approves payment of the following amounts to the Consultants listed below for services rendered in 1995 in connection with the Town's preparation for the commencement of legal action to close the Brock West Landfill Site; Consultant Amount Alston Associates Inc. $ 6,303.37 Environmental Economics International 3,263.50 HCI Waste Plan 28,225.83 Jagger Hims Limited 73,523.60 Osler, Hoskin & Harcourt 80,238.72 •