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HomeMy WebLinkAboutSeptember 14, 1992 (Special) 21/92 127 SPECIAL COUNCIL MINUTES A Special Meeting of the Pickering Town Council was held on Monday, September 14, 1992 at 7:00 p.m. 8 This Special Meeting of Council was called to consider an application made by Alexander Robertson to conduct a compliance audit of the election campaign finances of Maurice Brenner, Douglas Dickerson and Richard Johnson pursuant to Section 156(1) of the Municipal Elections Act. PRESENT: Mayor Wayne Arthurs COUNCILLORS : M. Brenner E. Higdon. R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: 8 N.C. Marshall B. Taylor D. Kearns - Town Manager Town Clerk - Administrative Assistant (IJ DELEGATIONS 1. Alex Robertson, 893 Modlin Road, stated that with respect to his applications for a compliance audit, he is retired, has no intention of seeking any political office and has no vendetta aigainst any Member of Council. The Province has amended the Municipal Elections Act to allow election returns to be scrutinized through the process of compliance audits. Most people seek office in good faith but the public perceives that politicians are dishonest and it is his intent to dispel any thoughts of dishonesty by requesting the compliance audit. 2. Ken Matheson, 1869 Parkside Drive, stated that the three compliance audits should be undertaken because these candidates spent the most money. All candidates should make their expense receipts available on a' voluntary basis. He noted that some of the dates on the election returns are incorrect and he wants to determine if there were any contributions or expenses before the date of registration. He also noted that the chartered accountants are qualifying their certification of the election returns. He would like to scrutinize all telephone, advertising and victory party expenses. He noted that the contributions received by Wayne Arthurs, Maurice Brenner, Doug Dickerson and Rick Johnson were all more than that received by the Mayor of Ajax. e 21/92 128 (I) DELEGATIONS - continued 3. Phil Frampton, 1810 Post Road, stated that he has scrutinized the financial returns of the candidates and felt that a compliance audit could generate negative publicity for the Town. He saw no discrepancies in the election returns and felt that if people have problems with the amount of money spent on victory parties and other events, they should take this matter up with the Ministry of Municipal Affairs. 8 4. Doug Dickerson stated that the Municipal Elections Act puts limits on campaign expenses that a candidate cannot exceed. He noted that an auditor get all receipts for campaign expenses and prepares a proper audited statement. He stated that the question that must be asked by Members of Council is has the Municipal Elections Act been contravened. He noted that Alex Robertson's endorsement of Councillor Van Kempen is not included in Councillor Van Kempen's election return. (II) RESOLUTIONS Resolution #135/92 Moved by Councillor Van Kempen Seconded by Councillor Higdon 8 WHEREAS, pursuant to the provisions of subsection 156(1) of the Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that Maurice S. Brenner, a registered candidate, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the corporation of the Town of pickering, being the municipality with whom Maurice S. Brenner was registered under section 139 of the Act, requesting that a compliance audit of the 1991 election campaign finances of that registered candidate be conducted; and WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, is hereby appointed to conduct a compliance audit of the 1991 election campaign finances of Maurice S. Brenner, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.S.O. 1990, chapter M.53. 8 LOST _.. 21/92 129 Councillor Brenner declared an interested in this resolution because he is the candidate named in the application for a compliance audit, the auditors recommended to carrv out the compliance audit are the ones he used for his election return and he mav be presentina a case under the Freedom of Information Act reaardina this matter. Recorded Vote: 8 Yes: No: Councillor Higdon and Van Kempen Councillors Johnson, pistritto, Wellman and Mayor Arthurs Resolu~ion #136/92 Moved by Councillor Wellman Seconded by Councillor Pistritto WHEREAS, pursuant to the provisions of subsection 156(1) of the Municipal Elections Act, R.B.D. 1990, chapter M.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that Maurice S. Brenner, a registered candidate, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the corporation of the Town of pickering, being the municipality with whom Maurice S. Brenner was registered under section 139 of the Act, requesting that a compliance audit of the 1991 election campaign finances of that registered candidate be conducted; and 8 WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.D. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: The Council of the corporation of the Town of Pickering hereby decides not to appoint an auditor licensed under the Public Accountancy Act, R. S . D. 1990, chapter P. 3 7, to conduct a compliance audit of the 1991 election campaign finances of Maurice S. Brenner, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.B.D. 1990, chapter M.53. CARRIED Councillor Brenner declared an interested in this resolution because he is the candidate named in the application for a compliance audit, the auditors recommended to carrv out the compliance audit are the ones he used for his election return and he mav be presentina a case under the Freedom of Information Act reaardina this matter. Recorded Vote: Yes: No: Councillors Johnson, Pistritto, Wellman and Mayor Arthurs Councillors Higdon and Van Kempen 8 --- .- 21/92 130 Resolu~ion #137192 Moved by Councillor Van Kempen Seconded by Councillor Higdon 8 WHEREAS, pursuan~ ~o ~he provisions of subsection 156(1) of the Municipal ElectJ.ons Act, R.S.O. 1990, chapter M.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that Douglas Dickerson, a registered candidate, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the Corporation of the Town of Pickering, being the municipality with whom Douglas Dickerson was registered under section 139 of the Act, requesting that a compliance audi~ of the 1991 election campaign finances of that registered candidate be conducted; and WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chap~er P.37, is hereby appointed to conduct a compliance audit of the 1991 election campaign finances of Douglas Dickerson, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.S.O. 1990, chapter M.53. 8 LOST Recorded Vote: Yes: Councillor Higdon and Van Kempen Councillors Brenner, Johnson, Pistritto, Wellman and Mayor Arthurs No: Resolu~ion #138192 Moved by Councillor Wellman Seconded by Councillor Pistritto WHEREAS, pursuan~ to the provisions of subsection 156 (1) of the Municipal Elections Act, R.S.O. 1990, chapter N.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that Douglas Dickerson, a registered candidate, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the Corporation of the Town of Pickering, being the municipality with whom Douglas Dickerson was registered under section 139 of the Act, requesting that a compliance audit of the 1991 election campaign finances of that registered candidate be conducted; and 8 ~ = --, -'- ,".'<III/fE', -"""""'Iic~,~~~-~ -,.- 21/92 131 Resolu~ion #138/92 - con~inued 8 WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: The Council of the Corporation of the Town of Pickering hereby decides not to appoint an auditor licensed under the Public Accountancy Act, R.S .0. 1990, chapter P .37, to conduct a compliance audit of the 1991 election campaign finances of Douglas Dickerson, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.S.O. 1990, chapter M.53. CARRIED Recorded Vote: Yes: Councillors Brenner, Johnson, Pistritto, Wellman and Mayor Arthurs Councillors Higdon and Van Kempen No: Resolu~ion #139/92 Moved by Councillor Van Kempen Seconded by Councillor Higdon 8 WHEREAS, pursuant to the provisions of subsection 156(1) of the Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that James Richard Johnson, a registered candida~e, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the Corporation of the Town of Pickering, being the municipality with whom James Richard Johnson was registered under section 139 of the Act, requesting that a compliance audit of the 1991 election campaign finances of that registered candidate be conducted; and WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: 8 The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, is hereby appointed to conduct a compliance audit of the 1991 election campaign finances of James Richard Johnson, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.S.O. 1990, chapter M.53. LOST 21/92 132 Councillor Johnson declared an interest in this resolution because he was the candidate named in the application for a compliance audit. Recorded Vote: 8 Yes: Councillor Higdon and Van Kempen Councillors Brenner, Pistritto, Wellman and Mayor Arthurs No: Resolution #140/92 Moved by Councillor Wellman Seconded by Councillor Pistritto WHEREAS, pursuant to the provisions of subsection 156(1) of the Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M. Robertson, an elector in the Town of Pickering, having reasonable grounds for believing that Douglas Dickerson, a registered candidate, has contravened Part II of the Act, has applied in the prescribed form to the Clerk of the Corporation of the Town of Pickering, being the municipality with whom Douglas Dickerson was registered under section 139 of the Act, requesting that a compliance audit of the 1991 election campaign finances of that registered candidate be conducted; and 8 WHEREAS the Council of the Corporation of the Town of Pickering has considered that application, and the grounds set out therein for believing that the registered candidate has contravened Part II of the Act, and has decided not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of that registered candidate; NOW THEREFORE BE IT RESOLVED THAT: The Council of the Corporation of the Town of Pickering hereby decides not to appoint an auditor licensed under the Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance audit of the 1991 election campaign finances of Douglas Dickerson, registered candidate, in accordance with the provisions of the Municipal Elections Act, R.S.O. 1990, chapter M.53. CARRIED Councillor Johnson declared an interest in this resolution because he was the candidate named in the application for a compliance audit. Recorded Vote: Yes: No: Councillors Brenner, Pistritto, Wellman ,and Mayor Arthurs Councillors Higdon and Van Kempen 8 21/92 133 (III) ADJOURNMENT The meeting adjourned at 8:01 p.m. 8 M;;¿ 4~ ~ ~ /..-"".,~~...-~ --. .:. - - . - .' , - - . - . r '\. '.-- ~ :- -. - - '" - - - . -. . - Clerk .. - 8 8 - --. - -. . . . . . . . . ..,- .JIIIIIfII/i APPENDIX #1 TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on September 14, 1992, presents its thirteenth report to Council and recommends: 8 1. STATEMENT OF FINANCIAL POSITION FOR JUNE 1992 FILE NUMBER - C 1000 That the half yearly Statement of the Financial Position of the Municipality attached to the report of the Treasurer/Collector dated August 7, 1992, be received. 2. CROSSING GUARD - WHITES ROAD AND BRIARWOOD GATE/BAYFIELD STREET FILE NUMBER - E 4000 That the Report of the Town Manager with respect to an additional Crossing Guard at the intersection of Whites Road and Briarwood Gate/Bayfield Street be received. 3. CO-OPERATIVE TENDER FOR SUPPLY (AND DELIVERY) OF SODIUM CHLORIDE, NO. T-280-92 CO-OPERATIVE TENDER FOR DELIVERY OF SODIUM CHLORIDE, NO. T-279-92 FILE NUMBER - C 4300 8 That Co-operative Tender T-280-92 submitted by Akzo Salt Ltd. for the supply of sodium chloride in the estimated total amount of $175,450.00 be approved; and That co-operative Tender T-279-92 submitted by T.H. Forsythe Haulage for the delivery of sodium chloride in the estimated total amount of $9,150.00 be approved. 4. CO-OPERATIVE TENDER FOR SUPPLY AND DELIVERY OF WINTER SAND, NO. T-282-92 FILE NUMBER - C 4300 That Co-operative Tender No. T-282-92, submitted by Vicdom Sand and Gravel for the supply and delivery of Spec. I .material in the amount of $29,040.00 be approved. 8 13/92 2 5. DESIGNATED PROPERTY GRANT FOR MR. HUGH MILLER FILE NUMBER - C 2440 8 That the application for the amount of $1,500.00 pertaining to property in 7, be approved. a designated property grant in submitted by Mr. Hugh Miller Lots 16, 17 and 18, Concession 6. LOCAL AIRPORT AUTHORITY FILE NUMBER - A 2400 That the Council of the Corporation of the Town of Pickering hereby endorses the following resolution of the City of Mississauga: "That we endorse the efforts and initiative of our Local Boards of Trade and Chambers of Commerce in the formation of the Pearson Regional Airports Corporation" PRAC", and encourage them to continue their open consultative process and leadership in co-operation with the organization of the GTA Mayors and Regional Chairman's Task Force and work co-operatively until we have a concensus on the representation and that we include circulation to all municipalities for endorsement." 8 7. CLERK'S STATEMENT ON CANDIDATES' DISCLOSURE OF ELECTION CONTRIBUTIONS AND EXPENSES FILE NUMBER - A 2112 That Clerk's Report CL 72/92 attaching the Clerk's Statement on Candidates' Disclosure of election contributions and expenses be received. 8. "ONTARIO HOME WEEK" - SEPTEMBER 27 - OCTOBER 3, "WASTE REDUCTION WEEK" - SEPTEMBER 27 - OCTOBER 4, FILE NUMBER - A 2111 1992 1992 That Mayor Arthurs be authorized to make proclamations: the following 8 "ONTARIO HOME WEEK" - SEPTEMBER 27 - OCTOBER 3, 1992 "WASTE REDUCTION WEEK" - SEPTEMBER 27 - OCTOBER 4, 1992 9. 8 10. 8 8 13/92 3 PERSONNEL MATTER FILE NUMBER - 4 000 That the Town of Pickering participate in the Gazda, Grenier Senior Middle Management Compensation - Selected Ontario Towns/Cities and Regional Municipalities Survey. GRANT REQUEST FROM MAYOR'S/CITIZENS' TASK FORCE AGAINST DUMPS FILE NUMBER - C 2163 That a grant in the amount of $3,000.00 be made to the Mayor's/Citizens' Task Force Against Dumps in Pickering; and that this amount be charged to Account 2195 (Grants to Organizations and Individuals). APPENDIX #2 TOWN OF PICKERING That the Planning Committee of the Town of Pickering having met on September 17, 1992, presents its second report to Council and recommends: 1. 8 2. 8 8 ZONING BY-LAW AMENDMENT APPLICATION TOWN INITIATED - (STEEPLE HILL) PART OF BLOCK 56, PLAN 40M-1480 FILE NUMBER B 2310 - A 18/92 A 18/92 That Town Initiated Zoning By-law Amendment Application A 18/92 be APPROVED to permit the development of an approximate 1300 square metre neighbourhood plaza, on lands being Part of Block 56, Plan 40M-1480, Town of Pickering, as set out in the zoning by-law contained in Appendix No. I to Recommendation Report No. 15/92. AS AMENDED DRAFT PLAN OF SUBDIVISION 18T-91019 ZONING BY-LAW AMENDMENT APPLICATION A 2/92 BRAMALEA LIMITED PART OF LOT 35, CONCESSION 1 FILE NUMBER - B 2310 - A 2/92 - 18T-91019 That Town Council recommend for APPROVAL Draft Plan Subdivision 18T-91019, submitted by Bramalea Limited, lands being Part of Lot 35, Concession 1, Town Pickering, subject to the following conditions: of on of 1. That this recommendation apply to the plan identified as the Town Recommended Plan and bearing the Town's recommendation stamp. 2. That the owner make satisfactory Town regarding the required including the conveyance of purposes. arrangements with the parkland dedication, Block 269 for park 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. 4. That the subdivision agreement contain a requirement that Blocks 230 to 267 in the Town Recommended Plan be held for use as an elementary school site and public road, and that in the event that an elementary school site is not developed on those Blocks they be developed as public roads and residential lots. Should these Blocks be used for an elementary school, Block 268 may be used as a residential lot. 5. That the owner make satisfactory arrangements respecting the provision of all services required by the Town. 6. That the owner agree to dedicate all road allowances with proper corner roundings and sight triangles to the Town. 7. That the owner convey to the Town free and clear of all encumbrances and at no cost to the Town: 2. 8 8 8 2/92 2 a) Block 275 for walkway purposes; b) Block 273 for stormwater management pond purposes; c) any easements required. 8. That the owner convey Blocks 270, 271 and 272 to the Metropolitan Toronto and Region Conservation Authority. 9. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 10. That the streets within satisfaction of the Town. the plan be named to the 11. That the owner submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings, with details specifically addressing the treatment of flankage dwelling facades and flankage yard landscaping/fence treatment, prior to issuance of any building permits. 12. That prior to the registration of the plan, the owner: a) satisfy the Town respecting storm management measures, and revisions to the water management pond design necessary to the Hogarth Street connection; water storm allow b) satisfy the Town that the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority are satisfied with all grading and storm water management measures, including the stormwater management pond design incorporating the revisions requested by the Town; c) satisfy the Town respecting any changes to the Town Recommended Plan resulting from any redesign of the stormwater management pond; d) submit a detailed tree preservation programme prepared in conjunction with the proposed grading plan and engineering design plans for the subject Plan, to the satisfaction of the Town, which includes a ten metre undisturbed preservation zone at the rear of Lots 6 to 14 and Lots 199 to 229; and shall not remove any trees until such time as this programme has been approved by the Town, except as authorized by the Director of Community Services and Facilities; e) satisfy the Director of Public Works respecting the submission and approval of a detailed soils analysis report; f) satisfy the Town respecting an appropriate contribution to the cost of installing automatic traffic control gates at the Woodview Drive level crossing of the Canadian National Railway right-of-way; g) submit a draft 40M-Plan for approval by the Town Planning Department. 13. That the owner make satisfactory arrangements with the Town regarding the removal, demolition, and/or retention of all structures on the subject property. 8 8 3. 8 2/92 3 14. That the owner satisfy the Town respecting the construction of Taylor Street, West Street and Hogarth Street. 15. That the Ministry of the Environment be satisfied that there is no methane gas problem on the subject lands. 16. That Planning staff meet with Bramalea and the Ministry of Natural Resources in an attempt to reach an agreement on the delineation of an ANSI within Block 271 of the Town Recommended Plan. Should an agreement be reached between Bramalea Limited, the Town and the Ministry of N,atural Resources that a westerly shift in the ANSI boundary is appropriate, then modifications to the plan may occur respecting the westerly extension of lotting along Streets "C", "D", and "E". Such lotting expansion shall not increase the total unit yield of the plan beyond 304 units in the absence of a school on site or 272 units if a school is located on site. Further, Town Council's conditions of approval shall be considered to be amended accordingly. Should an agreement not be achieved on the delineation of an ANSI boundary, this matter will be determined by the Ontario Municipal Board." 17. That the owner agree to pay total cost of the improvement of the level crossing at Woodview Avenue." AS AMENDED DRAFT PLAN OF SUBDIVISION 18T-91019 ZONING BY-LAW AMENDMENT APPLICATION A 2/92 BRAMALEA LIMITED PART OF LOT 35, CONCESSION 1 FILE NUMBER - B 2310 - A 2/92 - 18T-91019 That Zoning By-law Amendment Application A 2/92, submitted by Bramalea Limited, on lands being Part of Lot 35, Concession 1, Town of Pickering, be APPROVED IN PRINCIPLE to implement development as proposed by Staff Recommended Draft Plan of Subdivision 18T-91019 subject to the following conditions: ,That the implementing Zoning By-law include, but necessarily be limited to, the following provisions: 2. 3. 4. 5. not 1. That Blocks 230 to 267 in Town Recommended Draft Plan of Subdivision 18T-91019 be appropriately dual-zoned to permit either residential lots, or an elementary school. That the rear ten metres of Lots 6 to 14 and Lots 199 to 229 be zoned appropriately to recognize that area as a tree preservation zone. That Blocks 270, hazard land. 271 and 272 be zoned open space - That Block 269 be zoned for park purposes. That the definition respecting semi-detached dwelling units require attachment by a common wall above grade. 2/92 4 4. DRAFT PLAN OF SUBDIVISION 18T-91019 ZONING BY-LAW AMENDMENT APPLICATION A 2/92 BRAMALEA LIMITED PART OF LOT 35, CONCESSION 1 FILE NUMBER - B 2310 - A 2/92 - 18T-91019 8 That the Town Solicitor be examine an expert witness Environment to the Ontario address the alleged methane subdivision 18T-91019. directed to call or cross from the Ministry of the Municipal Board hearing to problem on draft plan of AS AMENDED 8 8