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HomeMy WebLinkAboutNovember 19, 1990 20/90 150 COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday, November 19, 1990 at 7:40 p.m. . PRESENT: Mayor W. Arthurs COUNCILLORS: M. Brenner D. Dickerson R. Johnson - B. Mitchell B. Morgan K. Van Kempen (until 9:50 p.m.) ALSO PRESENT: C.M.T. Sheffield - Acting Manager B. Taylor - Town Clerk K. McKay - Deputy Clerk N. Carroll - Director of PlannIng . (I) Regular meeting of November 5, 1990. (II) 1. 2. It ADOPTION OF MINUTES DELEGATI ONS Mauri ce Si 1 cock, 1532 Sil ver Spruce Dri ve, ùddressed Council with respect to the report of the Task Force on Remunerati on of Members of Council. He requested that the Report of the Task Force on Councillors' Remuneration include more comparative information such as base salaries of other municipalities and the number of e1 ectors they represent and that current issues as well as future responsibilities be taken into account in order to determine a fair and equitable remuneration. Fred Beer, Pickering Rural Association, addressed Council with respect to Election Campaign Expenses, the report of the Task Force on Remuneration of Members of Council, and the Over-expenditure in the Conference Account. With respect to Election Campaign Expenses, he stated Council shoul d pass a by-1 aw to opt into Part II I of the Muni ci pa 1 El ecti ons Act by year end in order to avoid an abuse of the system under Part II ar-i to refuse the Notice of Motion on voluntary compliance. 20/90 (II ) 151 DELEGATIONS - continued With respect to the report of the Task Force on Remuneration of Members of Council, he stated the recommendations contained in the report should be adopted. . With respect to the over-expenditure in the Conference Account, he stated the request should be denied or permitted for all. 3. George Martin, Greenwood and Area Ratepayers Association, aadressed Council with respect to El ecti on Campai gn Expenses, the report of the Task Force on Remuneration of Members of Council and the Over-expenditure in the Conference Account. With respect to Election Campaign Expenses, he stated there should be no profit in politics and that Council should opt into Part III of the Municipal Elections Act by year end. The pub 1 i c shaul d percei ve Members of Council as trustworthy and unbi ased and not under the influence of developers. With respect to the report of the Task Force on Remuneration of Members of Council, he stated that publ ic representation is not for monetary gain, that the report shoul d not go back to the Task Force and that the recommendations within the report should be adopted. . With respect to the over-expenditure in the Conference Account, he asked that before Council makes a decision to determi ne if the expenditure is cost effecti \i~. an obvious benefit to the municipality and in dir~ct relationship to Council. 4. Paul White, member of the Task Force on Remuneration of Members of Council, explained that all the considerations outlined by Mr. Silcock were taken into account prior to the recommendation being made. (III) RESOLUTIONS Resolution #170/90 - Appendix #1 Moved by Councillor Dickerson Seconded by Councillor Morgan That the Report of the Executi ve Committee dated November 12, 1990 be adopted. CARRIED . 20/90 152 Resolution 1171/90 . Moved by Councillor Johnson Seconded by Councillor Dickerson Tha t Item '1 of the Executi ve Commi ttee Report of November 12, 1990 be amended to delete signs on Highway #7, Brock Road at the Uxbridge Townline, Regional Road 5 and Regional Road 27. LOST Recorded Vote on Item #1 Yes: Councillors Brenner, Di ckerson, Mitchell. Morgan and Mayor Arthurs Councillors Johnson and Van Kempen No: Resolution #172/90 Moved by Councillor Van Kempen Seconded by Councillor Brenner That the Council of the Town of Pickering petition the Minister for interim payment under the Public Transportati on and Hi ghway Improvement Act on expenditures made in the year 1990. CARRIED Resolution #173/90 . Moved by Councillor Morgan Seconded by Councillor Johnson That Town Council direct the Planning Department to defer the processing of Zoning By-law Amendment Application A33/90 and Site Plan Application S19/90, submitted by the Regional Municipality ~f Durham on behalf of the owner, the Ontario Mi ni stry of Government Servi ces, until such time as the resu1 ts are available from whatever environmental review the "Pl" land use proposal is subject to. CARRIED Recorded Vote: Yes: Ccuncillors Brenner, Dickel'son, Johnson, Morgan, Van Kempen and Mayor Arthurs Mitchell, The following amendment was considered with respect to the preceding resolution: Resolution #174/90 . Moved by Councillor Dickerson Seconded by Councillor Johnson That Resolution #173/90 be amended by replacing the word "defer" with "cease" and deleting "the Ontario Ministry of Government Services, until such time as the results are available from whatever environmental review the 'P1' land use proposal is subject to" and replacing it with "as the Town's adamant oppositi on to the Pl site is well documented to the proponent and the owner." LOST 20/90 153 Recorded Vote: Yes: No: Councillors Brenner, Dickerson and Johnson Councillors Mitchell, Morgan, Van Kempen and Mayor Arthurs . Resolution #175/90 Moved by Councillor Brenner Seconded by Councillor Johnson That an additional expenditure from the conference account pertaining to Councillor Dickerson in the amount of $500.00 be approved. CARRIED Resolution #176/90 Moved by Councillor Van Kempen Seconded by Councillor Morgan Whereas campai gn expenses and donati ons are admi ni stered under Part II of the Municipal Elections Act in the Town of Pickering; and . Whereas thi s secti on of the Act permits candi dates to retai n excess campaign donati ons for thei r personal use which coul d 1 ead to an erosi on of confi dence by the rest dents in thei r elected officials; Now therefore the Counci 1 of the Corporati on of the Town of Pickering hereby establishes a Task Force to investigate alternatives to the current system of campaign funding; and that Mayor Arthurs and Councillors Morgan and Van Kempen be appointed to sit on this Task Force; and that the Task Force table its report on or before January 31, 1991. TABLED Recorded Vote: Yes: Councillors Brenner, Dickerson, Mitchell Arthurs Councillor Morgan and Van Kempen Councillor Johnson and Mayor No: Absent: . 20/90 154 Resolution 1177/90 Moved by Councillor Mitchell Seconded by Councillor Morgan . Whereas the Ministry of Transportation has provided various a 1 ternati ves for the proposed Hi ghway 407 through the Town of Pickering; Now Therefore the Council of the Corporation of the Town of Pickering hereby endorses alternative S5 - SC2 - C3 - C4 as identified on the "Preferred Alignment - Pickering to Whitby" map as the preferred route at thi s time for the proposed Hi ghway 407; and that the Minister of Transportation and the Municipality of Durham be advised of this resolution. Regional CARRIED Recorded Vote: Yes: Councillors Brenner, Dickerson, Mitchell, Morgan, Van Kempen and Mayor Arthurs Councillor Johnson Absent: Resolution #178/90 . Moved by Councillor Morgan Seconded by Councillor Dickerson Whereas Canada Post is attempti ng to reduce its defi cit partl y by cutting back on mail services in the rural area; and Whereas Canada Post has announced that it is closing the Claremont Post Office which presently services a great number of people in the hamlet and the surrounding rural area; and Whereas the closing of the C1 aremont Post Office will cause a hardship for a large number of people who will be required to travel to the main Post Office on Kingston Road for special postal services; Now Therefore the Council of the Corporation of the Town of Pickering hereby requests Canada Post to allow the Claremont Post Office to remain open; and that a copy of this resolution be forwarded to Rene Soutens, M.P. for his support. CARR I ED Recorded Vote: . Yes: Counci 11 ors Brenner, Dickerson, Mitchell, Morgan, Van Kempen and Mayor Arthurs Councillor Johnson Absent: 155 20/90 Resolution '179/90 Moved by Councillor Dickerson Seconded by Councillor Brenner That the following motion be divided: . That By-l aw 3576/90, bei ng a by-l aw to authori ze ~he executi on of a Subdivision Agreement respecting the deveopment of Part Lot 26, Concession 2, Pickering (John Bodòy Devp~opment Ltd; 18T-87071), which was lost on an unrecorded vote at the Council Meeting of November 5, 1990, be reconsidered. That By-law 3576/90, being a by-law to authorize the execution of a Subdivision Agreement respecting the deveopment of Part Lot 26, Concession 2, Pickering (John Boddy Development Ltd; 18T-87071), which was lost on an unrecorded vote at the Council Meeting of November 5,1990, be reconsidered. CARRIED Resolution #180/90 Moved by Councillor Morgan Seconded by Councillor Van Kempen . That By-l aw 3576/90, bei ng a by-1 aw to authori ze the executi on of a Subdivision Agreement respecting the deveopment of Part Lot 26, Concession 2, Pickering (John Boddy Development Ltd; 18T-87071), which was lost on an unrecorded vote at the Council Meeting of November 5,1990, be reconsidered. CARRIED Councillor Mitchell declared an interest as his wife has a contract with John Boddy Development Ltd. Recorded Vote Yes: Councillors Brenner, Arthurs Councillor Dickerson Councillor Johnson Morgan, Van Kempen and Mayor No: Absent: Resolution #181/90 Moved by Councillor Morgan Seconded by Councillor Van Kempen That By-law 3576/90 be read a first, second and third time and Passed and that the Mayor and C1 erk si gn the same and the seal of the Corporation be affixed thereto. . CARRIED Councillor Mitchell declared an interest as his wife has a contract with John Boddy Development Ltd. 156 20/90 Recorded Vote Yes: Counci11ors Brenner, Morgan, Van Kempen and Mayor Arthurs Councillor Dickerson Councillor Johnson No: Absent: . Resolution #182/90 Moved by Councillor Brenner Seconded by Councillor Dickerson Whereas on August 10,1989, the following resolution was passed: Whereas the Municipal Elections Act, 1988 was first introduced to coincide with the Municipal Election of November 1988; and Whereas some regulations in this Act relate contributions and expenditures for candidates; Now therefore the Council of the Corporation of the Town of Pickering hereby suggests that the Province of Ontario convene a re'/i ew with the intent of modifyi ng those secti ons of the Act pertaining to excess contributions above allowable expenditures; and to campaign . That copies of this resolution be sent to the Honourable David Peterson, Premier, the Minister of Municipal Affairs, Norah Stoner, MPP and the Association of Municipalities of Ontario" and Whereas the previous Government proposed amendments to the Municipal Elections Act in Bill 230 which received First Reading on June 26,1990; Now therefore the Counci 1 of the Corporati on of the Town of Pickering hereby requests that the matter of amendments to the Municipal Elections Act be considered as a high priority by the Ministry of Municipal Affairs; and That the legislation to amend the Municipal Elections Act be passed prior to January 30, 1991 in order for municipalities to prepare for the 1991 Municipal Election; and That a copy of thi s resol uti on be sent to The Honourabl e Bob Rae, Premier of Ontario, The Honourable Dave Cooke, Minister of Municipal Affairs, and Jim Wiseman, MPP. CARRIED Recorded Vote: Yes: Councillors Brenner, Dickerson, Mitchell, Morgan, Van Kempen and Mayor Arthurs Councillor Johnson . Absent: 20/90 157 The foll owi ng moti on was consi dered with respect to Resolut10n #182/90 Resolution #183/90 A. Moved by Councillor Van Kempen Seconded by Councillor Mitchell That Resolution #182/90 be tabled. LOST Recorded Vote: Yes: No: Councillors Mitchell and Van Kempen Councillors Brenner, Dickerson, Morgan Arthurs Councillor Johnson and Mayor Absent: Resolution #184/90 Moved by Councillor Brenner Seconded by Councillor Morgan That each candidate for Pickering Council in the 1991 Municipal Election be requested to voluntarily comply with a provision to have any surplus funds from el ecti on contri buti ons placed in a trust fund; and "f That the report on E1 ecti on Contri buti ons and Expenses i denti fy that the excess funds have been put in trust; and That the trust fund be held until the beginning of the campaign period for the next municipal election; and That a copy of this resolution be sent to The Honourable Bob Rae, Premier of Ontario, The Honourable Dave Cooke, Minister of Municipal Affairs, and Jim Wiseman, MPP. CARRIED Recorded Vote Yes: Councillors Brenner, Mitchell, Morgan, Van Kempen and Mayor Arthurs Councillor Dickerson Councillor Johnson No: Absent: Resolution #185/90 '8 Moved by Councillor Brenner Seconded by Councillor Morgan Whereas the burden of provi ng a conf1 i ct of interest by an elected member of council rests with a ratepayer; and Continued 20/90 158 Resolution 1185/90 - continued . Whereas the costs of proving a conflict of interest can be onerous to a ratepayer in the event a judge rules in favour of the elected official; and Whereas the confidence of the electorate would be enhanced if a ratepayer was able to apply for a hearing under the Municipal Conflict of Interest Act without incurring large financial penalties unless the action was frivolous or vexatious; Now Therefore the Council of the Corporation of the Town of Pi ckeri ng hereby requests the Mi ni ster of Municfpa 1 Affai rs to review the Municipal Conflict of Interest Act with a view to making the process simpler and less financially onerous for a ratepayer to apply for a hearing under the Act. LOST Recorded Vote: Yes: No: Absent: Councillors Brenner, Morgan and Mayor Arthurs Councillors Dickerson, Mitchell and Van Kempen Councillor Johnson (IV) BY-LAWS Counci 11 or Brenner, seconded by Counci 11 or Johnson moved for leave to introduce by-laws of the Town of Pickering: . By-law 3576/90 Bei ng a by-l aw to authori ze the execution of a Subdivi si on Agreement respecting the development of Part Lot 26, Concession 2, Pickering (John Boddy Developments Ltd.; 18T-87071) Councillor Mitchell declared an interest as his wife has a contract with John Boddy Development Ltd. By-law Number 3589/90 Being a Zoning By-law to amend Zoning By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Pl anni ng Area, Regi on of Durham, in Part of Lot 17, Range 3, Broken Front Concession, Town of Pickering. (A 17/89) By-law Number 3590/90 Bei Itg a by-l aw to authori ze the executi on of a Development Agreement between the Town and .J.D.S. Investments Limited and METC Properti es Inc. respecti ng the redevelopment of the Metro East Trade Centre on part of Lot 18, Concession 1, Pickering (Part 1, Plan 40R-12591) By-law Number 3591/90 . Being a by-law to authorize the execution of as Subdivision Agreement Amendment respecting the development of Lots 1 to 13, Plan 40M-1418, Pickering (Bramalea Limited; l8T-81024, Construction Stage 10) 20/90 159 (IV) BY-lAWS - continued By-law Number 3592/90 Being a by-law to authorize the execution of a Subdivision Agreement Amendment respecti ng the development of Part lot 30. Concession 1, Pickering (Bramalea Limited; 18T-82039, Phase 4) . By-law Number 3593/90 - Two Readings Only Bei ng a by-l aw to stop up and close part of the road allowance between Ranges 2 and 3, Broken Front Concession, Pickering, as public highway and to authorize the sale thereof to the abutting owner (Part 1, Plan 40R-12891; part of Montgomery Road) By-law Number 3594/90 Being a by-law to authorize the execution of an Agreement between The Corpora ti on of the Town of Pi ckeri ng and Fri endshi p Nursery School respecting the use of the East Shore COOI11unity Centre (November 5, 1990 to June 28, 1991) By-law Number 3595/90 Being a by-law to exempt Blocks 3, 4, 5 and 6, Plan 40M-1599, Pickering, from part lot control. By-law Number 3596/90 Being a by-law respecting remuneration for Members of Council. Recorded Vote on First and Second Reading: . Yes: Counci 11 ors Brenner, Di ckerson, Johnson. Mitchell (except By-l aw 3576/90), Morgan, Van Kempen and Mayor Arthurs THIRD READING Counci 11 or Brenner, seconded by Counci 11 or Johnson moved that the report of the Committee of the Whol e on By-l aw Numbers 3576/90, 3589/90, 3590/90, 3591/90, 3592/90, 3594/90, 3595/90, and 3586/90 be adopted and the sai d by-l aws be now read a thi rd time and PASSED and that the Mayor and Cl erk sign the same and the seal of the Corporation be affixed thereto. CARRIED Recorded Vote on Third Reading: Yes: Councillors Brenner, Dickerson, Johnson, Mitchell (except By-l aw 3576/90), Morgan, Van Kempen and Mayor Arthurs . Councillor Mitchell declared an interest with respect to By-law 3567/90 as hi s wife has a contract with John Boddy Development Ltd. (V) 1. OTHER BUSINESS Counci 11 or Brenner requested that the C1 erk obtah information regarding the Ontario Municipal Board Decision made in Grey County regarding development of rura 1 1 ands. (V) 2. 3. . 4. 5. 6. 7. 20/90 160 OTHER BUSINESS - continued . (VI) Councillor Brenner submitted his unaudited expense report as a Member of Council and as a Commissioner of Pickering Utilities Commission and his activity report. Councillor Van Kempen stated he had received inquiries regarding conference expenses of the Pickering Utilities Commission. Councillor Dickerson asked that the Treasurer prepare a report more clearly identifying to taxpayers the tax collection system. Councillor Morgan reported on Recycling Week activities and participation in the Santa Claus parade. Mayor Arthurs stated the Recreation newsletter contains comments on the lands in North Pickering. The following matters were discussed prior to the regular meeting: (a) Councillor Van Kempen asked for clal'ification on charges made to Council's Communications Budget. (b) Counci 11 or Morgan asked that the Pa rki ng By-l aw be enforced at various plazas. (c) Mayor Arthurs distributed a copy of the Pickering Utilities 1990 Commissioners Conference Expenses. CONFIRMATION BY-LAW By-law Number 3597/90 Councillor Mitchell, seconded by Councillor Morgan moved for leave to introduce a By-law of the Town of Pickering to confirm the proceedings of the Council of the Corporation of the Town of Pi ckeri ng a t its meeti ng held on the 19th day of November, 1990 and that the same be now read a first, second and third time and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporatio:1 be thereto affixed. (VII) CARRIED ADJOURNMENT The Meeting adjourned at the hour of 11 :25 p.m. . Dated OEC - :3 1990 /~. ~jTr(' ;;;;,.~~_v Mayor, 4 L~~ Cl erk . . . APPENDIX #1 TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on November 12, 1990, presents its sixteenth report to Council and recOl1lllends: 1. 3-HOUR PARKING SIGNAGE FILE NUMBER - E 4000 That the proposed 1 ocati ons for the erecti on of 3-hour parking advisory signs ße approved; and thdt the expenditure of approximately $5,600 for the signs be included in the 1991 budget discussions. 2. ASBESTOS REMOVAL AT VARIOUS TOWN FACILITIES FILE NUMBER - F 2200 That the Reports of the Town Manager dated November 6 and November 12, 1990 wi th respect to the removal of asbestos at Town facilities be adopted; and that an authorized over-expenditure of $34,850 be approved. 3. CO-OPERATIVE TENDER FOR COLLECTION AND DISPOSAL OF BLUE BOXES FILE NUMBER - C 4300 That Co-operative Tender WB5-90 submitted by Muscillo Transport Ltd. for the collection and disposal of recyc1ables from the Blue Boxes in the amount of $0.296 per unit for Municipalities #1 to #7 or $0.299 for Municipalities #1 to #5 be approved. 4. TENDER T-18-90 FOR WALKWAY LIGHTING AT JOHN BODDY PARK FILE NUMBER - C 4300 That Tender T-18-90 submitted by R.E. Wilson Electrical Contractors for the supply and installation of walkway 1 i ghti ng at John Boddy Park in the amount of $29,690 be approved. 16/90 2 FEES FOR LEGAL SERVICES FILE NUMBER - D 3000 AND C 1000 5. . That the following fees for the processing of the agreements indicated below, as of January 1, 1991 be approved: (1) Subdivision Agreements original or first pnase $1,750 other rhase or amendment 750 (2) Condominium Agreements original 1,000 amendment 500 (3) Site Plan Agreements original or amendment 600 (4) Servicing/Development Agreements original 1,000 amendment 500 (5) Encroachment Agreements original or amendment 300 (6) Driveway Apron Licence Agmts original or amendment 60 (7) Leases; Other Licence Agreements original or amendment 300 and that Item 4 of Resolution 24/90 as of December 31, 1990 be rescinded. 6. COUNCIL REMUNERATION FILE NUMBER - A 2110 . That the recommendati ons in the Report of the Task Force on Remuneration of Members of Council dated October 31,1990 be received; and that the draft by-law to implement the recommendations of the Task Force be forwarded to Council for enactment. 7. CANADA MUSIC WEEK - NOVEMBER 18-25, 1990 ALZHEIMER'S AWARENESS MONTH - JANUARY 1991 FILE NUMBER - A 2111 That Mayor Arthurs be authori zed to make the fall owi ng proclamations: "Canada Music Week" - November 18 - 25, 1990 "Al zheimers' s Awareness Month - January, 1991 .