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HomeMy WebLinkAboutJune 28, 1993 8 8 It 11 13/93 102 COUNCIL MINUTF.S A Meeting of the Pickering Town Council was held on Monday, June 28,1993 at 7:30 p.m. PRESENT: Mayor Arthurs COUNCILLORS : M. Brenner E. Higdon R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: N.C. Marshall C.M.T. Sheffield B. Taylor N. Carroll C. Rose D. Kearns - Town Manager - Town Solicitor - Town Clerk - Director of Planning - Manager, Policy Division - Co-ordinator of Council Services (I) ADOPTION OF IfINUTES Regular Meeting amended: of 21, 1993 June adopted was as Item #6, e) in Other Business was amended by changing 4410 Kinsale Road to 4010 Kinsale Road. (II) PRESENTA'l'ION 1. Mayor Arthurs made Civic Award presentations. (III) DELBGA'l'IONS l. Alan Hirschfield, representing U.D. and D. Incorporated and the Kailin Group, addressed Council with respect to the proposed Town-initiated Zoning By-law Amendment at the southwest corner of Altona Road and Pine Grove Avenue. He advised that he had received the status report from the Planning Department and that he was present to answer any questions. 2. Alex Robertson, representing himself and many of the community thanked Mr. Marshall, Town for his many years of dedicated service to the Pickering. members Manager Town of 13/93 103 (III) DELEGA'l'IONS 3. Terry Nuspl, l40 Woodview Avenue addressed Council with respect to the Notice of Motion to rename the Alex Robertson Community Park. She advised that she was pleased that this Motion had been removed from the agenda and she outlined the many contributions of Mr. Robertson to the Town of Pickering. 8 4. Len Quigley, representing the Pickering Hockey Association addressed Council with respect to the proposal for operating the concessions at the Pickering Recreation complex. He advised that the organization consists of 80 sponsors and 1,400 children and that they are more than able to do an adequate job of operating the concessions at the Pickering Recreation Complex. 5. David Steele, representing PACT, addressed Council with respect to PACT's activities. He made a presentation to Council concerning the Brock West Landfill Site. He demanded a response on behalf of the Town, that Metro and the Ministry of the Environment admit that Brock West contours have deliberately been exceeded in many areas and that the Town of Pickering seek compensation for the excess volume of Metro garbage placed in Pickering. He requested that Council take strong and immediate action to obtain justice for the people of Pickering. 6. Dave Ryan, representing the Mayor's/Citizens' Task Force Against Dumps, addressed Council to present an update on the status of the activities of the Task Force. He outlined the mandate of the Task Force and advised that since the office for the Task Force was opened in the Pickering Town Centre in August of 1992, they have received over 6,000 signatures on a petition against another dump within Pickering. He advised that this petition and two scrolls were presented to Jim Wiseman, M.P.P. and then to the legislature. He stated that the Task Force feels they have done all they can do and it is now time for Council to take action. He requested that Council put as much pressure as possible on their Provincial counterpart. 8 (IV) RESOLUTIONS Resolution #135193 Moved by Councillor Higdon Seconded by Councillor Johnson (a) That Town Initiated. Zoning By-law Amendment Application A 9/93, to permit, the development of detached dwellings, semi-detached dwellings and townhouses on the subject lands being Part of Lots 1-3 and 7-12, Plan 505, Town of Pickering be APPROVED as outlined in Recommendation Report No. 11/93; and e (b) That the implementing Zoning By-laws contained in Appendix No. I and Appendix No. II to Recommendation Report No. 13/93 be forwarded to Council for enactment. CARRIED 13/93 104 Resolution #136193 Moved by Councillor Higdon Seconded by Councillor Johnson That land severance applications LD 89/93 and LD 90/93 submitted by J. & P. Sopta, and LD 91/93 and LD 92/93 submitted by M. & L. Polsinelli, be ADT&ORIZED to proceed through the Durham Land Division Committee in accordance with the Town's Land Severance policy. 8 CARRIED Resolution #137193 Moved by Councillor Johnson Seconded by Councillor Pistritto That Town Council authorizes Planning staff to initiate a zoning by-law amendment process for the lands located at the southwest corner of Altona Road and Pine Grove Avenue. CARRIED Resolu~ion #138193 Moved by Councillor Pistritto Seconded by Councillor Higdon 8 That Resolution #115/93 passed on June 7, 1993 be amended to provide that the committee to investigate the impact of the sale of surplus airport lands be comprised of six citizens. CARRIED Resolution #139193 Moved by Councillor Pistritto Seconded by Councillor Higdon That pursuant to Resolution #115/93 passed on as amended, the following persons are hereby Committee to investigate the impact of the airport lands: June 7, 1993, AS appointed to the sale of surplus -- 1. 2. 3. 4. 5. 6. 7. 8. 9. Councillor Pistritto Tom Melymuk, Deputy Director Mr. Noel Marshall Fred Beer (Citizen) Dennis Mann (Citizen) Don Drak (Citizen) Brian Hurle (Citizen) Al Graham (Citizen) Joe pacione (Citizen) of Planning CARRIED Councillor Johnson declared an interest in Resolutions #138/93 and #139/93 as he is a tenant on the airoort lands. 13/93 105 Resolution #140193 Moved by Councillor Higdon Seconded by Councillor Brenner 8 To approve in principle the transfer of a non-exclusive access easement from The corporation of the Town of Pickering to the owner of Lot 33, Plan 233, Pickering (Marian Martin) over a portion of the unnamed street fronting that lot, in order that lawful access may be obtained by that owner to Bella Vista Drive. CARRIED Resolution #141193 Moved by Councillor Johnson Seconded by Councillor Brenner That the proposal submitted by the Pickering Hockey Association to operate the concession at the Recreation Complex be approved;; and that the fee payable to the Town by the Pickering Hockey Association be 15% of gross sales per month, plus GST. CARRIED Recorded Vote: Yes: Councillors Brenner,Higdon, Kempen and Wellman Mayor Arthurs Johnson, Pistritto, Van No: 8 Resolution #142193 Moved by Councillor Pistritto Seconded by Councillor Brenner That the recommendation of the Durham Regional Police Service for the implementation of the Broakoak Neighbourhood Watch, be approved. CARRIED Resolution #143193 Moved by Councillor Johnson Seconded by Councillor Pistritto That Mayor Arthurs be authorized to make proclamation on behalf of Epilepsy Durham Region: the following 8 "GLAD DAYS" - August 25 to 29, 1993 CARRIED 13/93 106 Resolution #144193 Moved by Councillor Johnson Seconded by Councillor Wellman That the Acting Town Manager be authorized to approve tenders during the months of July and August, 1993. CARRIED 8 Resolution #145193 Moved by Councillor Johnson Seconded by Councillor Pistritto That Town Council discontinue the Town Initiated Design Study for the Southview Drive Area. Zoning and CARRIED Resolution #146193 Moved by Councillor Brenner Seconded by Councillor Johnson That the memorandum of the Director of Planning dated June 22, 1993 regarding the decision of the Committee of Adjustment be received. 8 CARRIED Resolution #147193 Moved by Councillor Brenner Seconded by Councillor Johnson WHEREAS by agreement dated June 14, 1977, the Municipality of Metro Toronto entered into a contract with the Township of Pickering referencing agreement dated February 19, 1970 as part of same and; WHEREAS condition #10 which formed part of same agreement states "Obtain the approval of plans by the Township and Metropolitan Toronto and Region Conservation Authority prior to commencement of filling above any levels that may be affected by the plan for final contours" and; WHEREAS research conducted by Professor Price and Bryan on behalf of P.A.C.T. has confirmed that the design contours for the Brock West Landfill site has been exceeded by one million cubic yards and; it WHEREAS by letter dated August 31, 1992 the Ministry of the Environment indicated that it was aware that Metro Toronto has been overbuilding on the side slopes to allow the Brock West Site to settle down to the approved final contours and; continued 13/93 107 WHEREAS provisional certificate #A390402 dated June 28, 1985 references as a condition of same schedule "A" #1 the report on "Liverpool Road Landfill Site" dated December 14,1972 and; WHEREAS in the report on Liverpool Road Landfill site dated December 14, 1972 the maximum projected tonnage was set at 8.25 million and later increased to 15.6 million in 1984 and; 8 WHEREAS Metro Toronto has reported an amount of 22 million; actual tonnage in the NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Pickering seek an immediate injunction to close the Brock West Landfill Site on the basis of a breach of contract as dated June 14, 1977 and a breach of certif ica te of approval A3 904 02 as dated June 27,1985 and; THAT the Corporation of the Town of Pickering commence immediate action to seek compensation for 7 million tons of garbage which is in excess of all agreed upon limits. The above Notice of Motion was referred to the Town Solicitor in order that he may seek an opinion on the leaal and financial aspect and if appropriate, consult with PACT'S leaal representation; and That this Motion be brouaht back before Council at a special July 26th Council Meetina. Council considered the following motions in conjunction with the above resolution: Resolution #148193 8 Moved by Councillor Van Kempen Seconded by Councillor Wellman That the above Notice of Motion be referred to the Town Solicitor in order that he may seek an opinion on the legal and financial aspect and if appropriate consult with PACT's legal representation; and That this Motion be brought back before Council at the August 4th Council Meeting. LOST Resolution #149193 Moved by Councillor Brenner Seconded by Councillor Johnson That the above Notice of Motion be referred Solicitor in order that he may seek an opinion on financial aspect and if appropriate consult with representation; and to the Town the legal and PACT'S legal - That this Motion be brought back before Council at a July 26th Meeting. CARRIED 13/93 108 Recorded Vote: Yes: No: Councillors Brenner, Johnson, Pistritto and Wellman Councillors Higdon, Van Kempen and Mayor Arthurs Recorded Vote on Referral as amended: Yes: Councillors Brenner, Kempen and Wellman Mayor Arthurs Higdon, Johnson, pistritto, Van No: 8 Resolution #150193 Moved by Councillor Brenner Seconded by Councillor Johnson For a leave to introduce a Notice of Motion pertaining to provisional certificate #A390402 as it concerns the Landfill Site. CARRIED Recorded Vote: Yes: Councillors Brenner, Kempen and Wellman Mayor Arthurs Higdon, Johnson, Pistritto, Van No: Resolution #151193 Moved by Councillor Brenner Seconded by Councillor Johnson 8 Whereas provisional certificate #A390402 dated June 28, 1985 references as a condition of same schedule "A" #1 the report on "Liverpool Road Landfill Site" dated December 14,1992 and; Whereas in the report on Liverpool Road Landfill Site dated December 14, 1972 the maximum projected tonnage was set at 8.25 million tons; Now Therefore the Council of the Corporation of the Town of Pickering hereby requests that the Ministry of the Environment hereby revoke Certificate of Approval #A390402 as being breached; and . That a copy of this Motion be forwarded to Jim Wiseman, M.P.P. CARRIED Recorded Vote: Yes: Councillors Brenner, Higdon, Johnson, Kempen, Wellman and Mayor Arthurs Pistritto, Van 8 13/93 109 (V) BY-LAWS Councillor Johnson seconded by Councillor Higdon moved for leave to introduce by-laws of the Town of Pickering: By-law Number 4272/93 8 Being a by-law to authorize the execution of a Quit Claim of Easement (D408938) from Highbush-Rougemount Centre Inc. to The Corporation of the Town of Pickering over Part Lot 170, Plan 816, Pickering (Part 8, Plan 40R-14623), and a Quit Claim of Easement (D408939) from Woodlands-Rougemount Centre Inc. to The Corporation of the Town of Pickering over Part Lot 6, Plan 228, Pickering (Part 12, Plan 40R-14623) and Part Lot 169, Plan 816, Pickering (Part 5, Plan 40R-14623) (S6/91). By-law Number 4273/93 Being a by-law to authorize the execution of a Consulting Agreement between The Colborne Architectural Group Inc. and The corporation of the Town of Pickering respecting the preparation of the Town Centre West Design and Land Use Study. By-law Number 4274/93 Being a by-law to authorize the execution of Transfers of storm sewer easements from John Raymond Midlane and Patricia Midlane and from Barbara Norris to The Corporation of the Town of Pickering over those parts of Lots 8 and 13, Plan 40M-1427, Pickering, designated as Parts 2,5, 7,9 and 11, Plan 40R-14553. By-law Number 4275/93 8 Being a by-law to authorize the acquisition of Part Block B, Plan 175, Pickering (Part 1, Plan 40R-14620) for public road purposes, the disposition by quit claim of Part Block E, Plan 272, Pickering (Part 2, Plan 40R-14620) and the execution of that quit claim (Part Crescent Alignment). By-law Number 4276/93 Being a by-law to exempt Block 33, from part lot control. Plan 40M-1643, pickering, By-law Number 4277/93 Being a by-law to authorize the execution of a Development Agreement respecting development restrictions on Part Lot 106, Plan 350, Pickering (Part 4, Plan 40R-14675) (Gilmour; LD 130/92) By-law Number 4278/93 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement (Bayly Street). By-law Number 4279/93 8 Being a by-law to amend By-law 4396/73 of The Corporation of the Township of Pickering respecting the sale of Part Lot 18, Range 3, Broken Front Concession, Pickering (formerly Part 3, Plan 40R-971; now Part 1, Plan 40R-12757) by The Corporation of the Township of Pickering to Circle F (Canada) Limited (RE7302). 13/93 110 (V) BY-LAWS Bv-law Number 4280/93 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Blocks 31 and 32, Plan 40M-1535 and Part Lots 19 and 20, Concession 2, Pickering (Lisgoold Developments Inc.; 18T-92003). 8 By-law Number 4281/93 Being a by-law to authorize the execution of a Agreement and related documentation respecting the of Part Lot 24, Concession 2, Pickering (Gossamer 18T-89077). Subdivision development Hills Inc.; Bv-law Number 4282/93 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Mary McQueen and from Dolf Helmer and Tonnie Helmer to The Corporation of the Town of Pickering over those parts of Lots 11 and 13, Plan 40M-1407, Pickering, designated as Parts 10 and 8, Plan 40R-9514. By-law Number 4283/93 Being a by-law to appoin~ By-law Enforcement Officers certain purposes (Parking Regulation: 1735 Bayly Street). for By-law Number 4284/93 Being a by-law to appoint Mr. C.M. Timothy Sheffield and Mr. James Walls as temporary Acting Clerks. By-law Number 4285/93 8 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 1 to 3 and 7 to 13, Plan 505, in the Town of Pickering. (A 9/93) By-law Number 4286/93 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 1 to 3 and 7 to 13, Plan 505, in the Town of Pickering. (A 9/93) THIRD READING Councillor Johnson, seconded by Councillor Pistritto, moved that the report of the Committee of the Whole on By-law Numbers 4272/93, 4273/93, 4274/93, 4275/93, 4276/93, 4277/93, 4278/93, 4279/93, 4280/93, 4281/93, 4282/93, 4283/93, 4284/93, 4285/93 and 4286/93 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 8 13/93 111 (VI) OTHER BUSINESS l. 2. 8 3. 8 (VII) Councillor Van Kempen commented on the proposal by some Members of Council to bring forward a Notice of Motion to rename the Alex Robertson community Park. Councillor Van Kempen questioned the Mayor for more information concerning the investigation being carried out by project 80 with respect to the Council for the Town of Pickering. The following matters were regular meeting: considered prior to the a) The Town Manager distributed copies of the Region's position on the Ministers comments on the Official Plan. b) The Town solicitor requested a meeting with Council on July 8th to ratify the Union Agreement with C.U.P.E. c) Councillor Van Kempen advised that he had received a call from a Mr. Brian Riel voicing his concern with respect to the waste of return envelopes which are being sent to him by Pickering Hydro, advising that he has pre-authorized payment. d) Councillor Van Kempen inquired into the zoning of properties on Southview Drive. e) Councillor Van Kempen questioned the proposal concerning the operating of the concessions at the Recreation Complex. f) Councillor Higdon advised application went before Adjustment and was refused. there were steps that could this situation. that the McKeans the Committee of She questioned if be taken to rectify g) Councillor Johnson requested that cleanup work be carried out by the Public Works Department in the ditch at Finch Avenue and Woodview Avenue. CONFIRlIA'l'ION BY-LAW By-law Number 4287/93 Councillor Wellman, seconded by Councillor Johnson 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 meeting held on the 28th day June, 1993 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. 8 CARRIED (VIII) - Dated - 8 112 ADJOURliIfENT. The Meeting adjourned at 9:25 pm. August 4th 1993 13/93 ~'" ~- Mayor: . .:-- '. ~-- _: è <' ~ , . . . .- ' - - '.'. .' ..-'..,: