HomeMy WebLinkAboutMarch 19, 2007
Council Meeting
Agenda
Monday, March 19, 2007
Council Chambers
7:30 pm
IN-CAMERA MEETING OF COUNCIL HAS BEEN SCHEDULED
FOR 6:00 PM
I} INVOCATION
Mayor Ryan will call the meeting to order and lead Council in the
saying of the Invocation.
II} DISCLOSURE OF INTEREST
III} ADOPTION OF MINUTES PAGE
Council Meeting of March 5, 2007 1 - 8
IV} PRESENTATIONS 9
V} DELEGATIONS 10
VI} CORRESPONDENCE 11-14
VII} EXECUTIVE COMMITTEE REPORT
VIII} REPORTS - NEW AND UNFINISHED BUSINESS 15 -70
IX} MOTIONS AND NOTICE OF MOTIONS
X} BY-LAWS
XI} OTHER BUSINESS
XII} CONFIRMATION BY-LAW
XIII} ADJOURNMENT
71-94
Council Meeting
Agenda
Monday, March 19, 2007
Council Chambers
7:30 pm
. Minutes from the Pickering Museum Village Advisory Committee Meeting of
February 8, 2007
. Council Strategy Session of February 8, 2007
. Council Strategy Session of February 9, 2007
. Council Strategy Session of February 19, 2007
. Minutes from the Committee of Adjustment Meeting of March 7, 2007
. Minutes from the Waterfront Coordinating Committee of March 8, 2007
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
PRESENT:
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Mayor David Ryan
COUNCILLORS:
R. Johnson
B. Littley
D. Pickles
ABSENT:
D. Dickerson
B. McLean
J. O'Connell
ALSO PRESENT:
N. Carroll
D. Bentley
- Director, Planning & Development
- City Clerk
(I) INVOCATION
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) ADOPTION OF MINUTES
Moved by Councillor Johnson
Seconded by Councillor Littley
Regular Council Meeting of February 19, 2007, In Camera Meeting of February
19, 2007 and the Executive Committee meeting of February 26, 2007.
CARRIED
(III) DELEGATIONS
Gordon Willson
455 Whitevale Road
Whitevale, ON
Re: Director, Corporate Services & Treasurer, Report CS 04-07
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
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U U ;~Reritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road. Pickerinq
Gordon Willson, 455 Whitevale Road, Whitevale, appeared before the
Committee in opposition to the subject heritage permit application. He advised
that he was a member of the Whitevale Community Association and was
speaking on behalf of this group. He briefly outlined the objectives of the
community association. He advised that he was aware that the application was
a complete deal but noted the following comments;
. There would be negative impacts for all of Pickering heritage buildings
. The process failed to involve the neighbours
. Drawings were not available to the public until last Tuesday
. The process shut out the citizens of Whitevale
. There would be an adjustment to area property values
. Agree with the comments of Heritage Pickering; and
. Questioned the process utilized for notification.
A question and answer period ensued.
(IV) CORRESPONDENCE
1. CaRR. 11-07
TOWN OF WHITBY
PAUL JONES, TOWN CLERK
575 Rossland Road East
Whitby. ON L 1 N 2M8
Resolution #51/07
Moved by Councillor Pickles
Seconded by Councillor Littley
That CaRR. 11-07 from Paul Jones, Town Clerk, advising that at the Council
meeting held on February 12, 2007, the Council of the Town of Whitby passed
a resolution with respect to the Province of Ontario reassuming court security
costs to provide the Durham Regional Police Service with funds and personnel,
be endorsed.
CARRIED
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
2.
CaRR. 12-07
Zoning By-law Amendment
Application A 01/07
811501 Ontario Limited
954 Dillingham Road
Part of Lot 19, Range 3
Broken Front Concession
Part 1, Plan 40R-3328
City of PickerinQ
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Resolution #52/07
Moved by Councillor Johnson
Seconded by Councillor Pickles
That CaRR. 12-07 from the Director, Planning & Development be received and that
Zoning By-law Amendment Application A 01/07 submitted by 811501 Ontario Limited be
deemed to be complete and referred to staff for application processing.
CARRIED
3. CaRR. 13-07
P.M. MADILL, REGIONAL CLERK
REGION OF DURHAM
605 Rossland Road East
Whitby. ON L 1 N 6A3
Resolution 53/07
Moved by Councillor Pickles
Seconded by Councillor Johnson
That CORR. 13-07 from P.M. Madill, Regional Clerk, advising that at a meeting held on
February 14, 2007, the Council of the Region of Durham adopted a recommendation with
respect to the Accessible Pedestrian Signals Policy, be referred to the Accessibility
Advisory Committee for comment.
CARRI ED
4. CaRR. 14-07
DURHAM REGION HOME
BUILDERS' ASSOCIATION
King Street Postal Outlet
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
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P.O. Box 26064
206 King Street East
Oshawa, ON L 1 H 1 CO
Resolution #54/07
Moved by Councillor Johnson
Seconded by Councillor Littley
That CORR. 14-07 from the Durham Region Home Builders' Association be received
and that April 2007 be proclaimed as 'New Homes Month' in the City of Pickering.
CARRIED
5 CORR. 15-07
KAIROS CANADA
DURHAM CHAPTER
Resolution #55/07
Moved by Councillor Johnson
Seconded by Councillor Littley
That CORR. 15-07 from Kairos Canada, Durham Chapter be received and that March
22, 2007 be proclaimed as 'Community Action for World Water Day' in the City of
Pickering.
CARRIED
(V) REPORTS
a) Executive Committee Report. EC 2007-04
2. Director, Planning & Development, Report PD 06-07
Zoning By-law Amendment Application A 07/06
Canadian Natural Power Inc., 526 Kingston Road
North Part of Lot 30, Range 3 B.F.C.
(Part 1, 40R-9195) City of Pickerinq
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
1.
That Zoning By-law Amendment Application A 07/06 be approved, to
rezone the subject lands to allow the development of townhouses and
detached dwellings, on lands being the North Part of Lot 30, Range 3
B.F.C., Part 1, 40R-9195;
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2. That the Draft Approved Plan of Subdivision Application SP-2004-05
(May 12, 2006) by Weldon Lands Inc. on behalf of the Estate of A. Tyas,
on lands being Block B Registered Plan 473 and Part Lot 30, Range 3,
B.F.C., (Part 1, 40R-9195) City of Pickering, to permit the development
of a plan of subdivision, be amended to include the subject property,
being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; and
3. Further, that the zoning by-law to implement Zoning By-law
Amendment Application A 07/06, as set out in Appendix I to Report PO
06-07, be forwarded to City Council for enactment.
3. Director, Planning & Development, Report PO 04-07
Pickerinq Official Plan Review
1. That Report PO 04-07 of the Director, Planning & Development,
regarding the review of the Pickering Official Plan be received;
2. That the Preliminary Work Plan for reviewing the Pickering Official
Plan, as set out in Attachment #3 to Report PO 04-07, be endorsed;
3. That staff be authorized to hold a special meeting of Council, as
required under Section 26(3){b) of the Planning Act, in the spring of
2007 to obtain public input on revisions to the Pickering Official Plan
that may be required;
4. That staff report back on a Final Work Plan that addresses the
submissions received on the Pickering Official Plan; and
5. Further, that a copy of Report PO 04-07 be forwarded to the Region
of Durham, local municipalities in Durham Region, the Toronto and
Region Conservation Authority, the Central Lake Ontario
Conservation Authority and the Durham School Boards for
information.
4. Director, Operations & Emergency Services, Report OES 09-07
Grade Separation Reconstruction Agreement
- Standard Canadian National Railway Company
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
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U 0 U _ Rosebank Road Bridoe, Mile 3.5 York Subdivision
1. That Report OES 09-07 of the Director, Operations & Emergency
Services, regarding the Standard Grade Separation Reconstruction
Agreement for the Rosebank Road bridge, be received; and
2. That the Mayor and the Clerk be authorized to execute the attached
Standard Grade Separation Reconstruction Agreement with the
Canadian National Railway Company.
5. Director, Operations & Emergency Services, Report OES 11-07
Pickering Museum Village
- Request to Deaccession Artifacts
1. That Report OES 11-07 of the Director, Operations & Emergency
Services regarding the request to deaccession Pickering Museum
Village artifacts be received;
2. That the deaccessioning of the Pickering Museum Village artifacts
listed in Attachment #1 to Report OES 11-07 be approved; and
3. Further, that the appropriate officials of the City of Pickering be
authorized to give effect thereto.
6. Director, Corporate Services & Treasurer, Report CS 12-07
2007 Annual Repavment Limit for Debt and Financial Oblioations
That Report CS 12-07 of the Director, Corporate Services & Treasurer
regarding the 2007 Annual Repayment Limit for Debt and Financial
Obligations be received for information.
7. Director, Corporate Services & Treasurer, Report CS 14-07
Financial Control Policv
1. That Report CS 14-07 of the Director, Corporate Services &
Treasurer regarding the Financial Control Policy be received;
2. That the Financial Control Policy as set out in Attachment #1 to
Report CS 14-07 be approved; and
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
3.
That the appropriate City of Pickering officials be authorized to take
the necessary actions to give effect hereto.
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Resolution # 56/07
Moved by Councillor Littley
Seconded by Councillor Pickles
That the Report of the Executive Committee EC 2007-04, dated February 26,
2007, be adopted, save and except Item #1.
CARRIED
1. Director, Corporate Services & Treasurer, Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road, Pickerino
A delegation was heard earlier in this meeting with respect to this matter.
A question and answer period ensued. The City Clerk provided clarification
with respect to the notice provisions and the role of the Heritage Pickering
Advisory Committee in relation to heritage permit applications.
Resolution # 57/07
Moved by Councillor Johnson
Seconded by Councillor Pickles
That Report CS 04-07 of the Director, Corporate Services & Treasurer be
deferred to the March 19, 2007 meeting of Council.
CARRIED
(VIII) BY-LAWS
6742/07
Being a by-law to amend Restricted Area (Zoning) By-law
3036, as amended by By-law 6666/06, to implement the
Official Plan of the City of Pickering, Region of Durham on
North Part of Lot 30 ,Range 3, Broken Front Concession,
Part 1, 40R-9195, in the City of Pickering, A07/06, to
permit the development of townhouse dwelling units and
detached dwellings on the subject lands.
Council Meeting Minutes
Monday, March 5, 2007
7:30 PM
008 THIRD READING:
Councillor Pickles, seconded by Councillor Johnson, moved that By-law
Numbers 6742/07 be adopted and the said by-law 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
(IX) OTHER BUSINESS
a) Councillor Pickles gave notice of his intent to bring forth a Notice of
Motion at the March 19, 2007 meeting of Council with respect to charity
bingo's.
(X) CONFIRMATION BY-LAW
By-law Number 6743/06
Councillor Johnson, seconded by Councillor Littley, 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 Meeting of
March 5, 2007.
CARRIED
(XI) ADJOURNMENT
The meeting adjourned at 8:14 pm.
DATED this 5th day of March, 2007
MAYOR DAVID RYAN
DEBIA.BENTLEY
CITY CLERK
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PRESENTATIONS
1. Presentation of Fundraising Cheque to the
City of Pickering
Representatives from the Pickerinq Squash Club
2. Presentation by City Staff
Environmental Website Launch
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March 19, 2007
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March 19, 2007
DELEGATIONS
1 . Myrna Picotte
Representing the Royal Canadian Legion - Branch 606
Bay Ridges - Ladies Auxiliary
Re: Update on Easter Parade
2. Linda Lyons, Chair
Women of Distinction Committee
YWCA Durham
Re: 25th Women of Distinction Awards Gala
3. Gordon Willson
455 Whitevale Road
Whitevale, ON
Re: Director, Corporate Services & Treasurer, Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road. Pickerinq
4. Pamela Fuselli
Representative for Heritage Pickering Advisory Committee
Re: Director, Corporate Services & Treasurer, Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road, Pickerinq
5. Murray Pearson
Tatham Pearson
Solicitor for the Applicant
Re: Director, Corporate Services & Treasurer, Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road, Pickerinq
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March 19, 2007
CORRESPONDENCE
1.
CORR. 16-07
BARRY AND JACQUELINE BETHUNE
3185 Altona Road
Locust Hill. ON LOH 1 JO
Receive for information
Correspondence received from Barry and Jacqueline Bethune providing
comments with regards to the residential dwelling to be built at 325 Whitevale
Road, Whitevale. (Heritage Permit Application 001/06, Report CS 04-07).
2.
CORR. 17-07
PROPOSED STUDY
FRENCHMAN'S BAY
UNIVERSITY OF TORONTO
Receive for Information
Correspondence was presented by David Steele at the Waterfront Coordinating
Committee meeting of March 8th, 2007 from the University of Toronto
Scarborough campus indicating their request to study the water circulation and
transport of sediment in Frenchman's Bay.
3.
CORR. 18-07
DURHAM REGION LABOUR COUNCIL
115 Albert Street
Oshawa. ON L 1 H 4R3
Motion to Proclaim
Letter received from the Durham Region Labour Council requesting the City
of Pickering proclaim April 28,2007 as National Day of Mourning.
3185 Altona Road, R.R.# 1,
Locust Hill, Ontario
LOH lJO
03/03/07
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To: Pickering Council Members
Re: 325 Whitevale Road, Whitevale, Ont.
To Whom It May Concern:
We live at 3185 Altona Road, which is the property abutting to the
325 Whitevale Road.
About 10 days ago we received an e-mail from Mr. Gord Willson in regards to the proposed
construction of a very large house on the aforementioned property. Although we were aware of
the fact that a house was to be built on the property, this was the first notification we had
received that this was, in fact, about to take place. Furthermore, we had not seen any plans,
pictures, or drawings of the proposed structure.
We attended the Executive Council meeting last Monday, February 26, 2007. At this meeting
some drawings were presented to Council who, in turn distributed them to the residents of
Whitevale for them to peruse. These were not plans with dimensions or anything marked on
them but were, in effect, 3 different representations of the proposed structure, showing different
locations for the garage.
After the presentations by residents and the builder we had the opportunity to meet with the
builder and his daughter for a few minutes. He very kindly had his daughter retrieve a set of
plans from their car so that those of us from Whitevale could see the proposed plans of the
structure. Although the proposed building has a large footprint, and since the builder had
obviously tried to accommodate the concerns of the Heritage Committee, we really did not have
any real problems with the plan. In fact, we quite welcome the fact that a residence will be built
there, as the property has not been maintained in any way for the past few years, and the grass
and weeds are quite high.
Our concern with this structure lies in the fact that it will apparently be some 34 feet in height,
which is about 21 feet higher than our home, and the one to the east of this property. This will
overshadow our home and our greatest concern is that this may reduce the value of our property.
As mentioned previously, we welcome a residence being constructed on the property, just not
one as tall and looming as this one could be.
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Received at Waterfront
Coordinating Committee on
March 8, 2007 Co P.. ()....
Proposed fieldwork to study the water circulation and the flows of sediment in
Frenchman's Bay.
During June and July this year, scientists at the University of Toronto's Scarborough
campus would like to study the water circulation and the transport of sediment in
Frenchman's Bay. A Masters student named Lisa Sealock, under the supervision of Prof.
Mathew Wells, will undertake this project.
The water circulation in Frenchman's Bay determines the rate at which water is
replaced by either cold water from Lake Ontario or with turbid water from stream inflow.
The circulation patterns will also control sediment transport into and out of the bay, and
determines the rate at which sediment enters the bay from Lake Ontario, from streambed
erosion or via flow from the 401 transport corridor. Hence there are several practical
applications for understanding the water circulation that will be of interest to the City of
Pickering.
. Firstly measurements of the water currents should be able to give estimates of
exactly how sediments enter the lagoon from Lake Ontario. These sediments
require costly dredging so that recreational sailors can access the harbour.
. Secondly by understanding the present water circulations patterns, we will be able
to estimate what effect an increase in the width of the boating channel would have
upon the sediment loading rate, and upon the environmental health of the lagoon.
The project will measure the water temperature, turbidity, chemistry and circulation
patterns, and determine how these respond to heavy rainfall, strong wind and seiches
(short-term variations in lake level due to winds) in Lake Ontario. The periodic inflow of
cold lake water in Frenchman's Bay will be measured by placing 10 small temperature
loggers along the floor of the lagoon. These data loggers are about 10cm long so pose no
hazard for recreational boaters. Once a week in June and July surveys of the water
circulation, turbidity and chemistry will be made from a small zodiac boat. The
combination of these measurements will allow the researchers to determine the average
residence time of water in this confined bay, and to estimate the possible effects on water
quality and sediment transport upon the proposed widening of the boating channel.
In the long-term Prof. Wells would like to use Frenchman's Bay as a field site where
undergraduates and graduate students could gain hands on experience in the
measurements of water quality. The proposed fieldwork this June and July would
hopefully be the first step in a long-term relationship in monitoring the health of the
Frenchman's bay between the City of Pickering and the Department of Physical and
Environmental Sciences at UTSC.
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DURHAM REGION LABOUR COUNCIL.
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115 Albert St, Oshawa, Ontario LIH 4R3 G;~;',CoeR. 1~;:~,1,
Phone: (905) 579-5188 Fax: (905) 579-3634 ..... ,dd~,
E-Mail: durhamlc@durhamlabour.ca D 'J 2{WJ
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February 27,2007
Mayor David Ryan & Members of Council
c/o Mr. Bruce Taylor, Clerk
City of Pickering
1 The Esplanade
Pickering ON L 1 V 6K7
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Dear Mayor Ryan & Members of Council
On Saturday, April 28, 2007, the Durham Region Labour Council will be observing the National Day of
Mourning at Oshawa City Hall. This year we will start with a March from United Steel Workers Hall at 10:30
AM to Oshawa City Hall Civic Square where our ceremony and laying of wreaths at the Day of Mourning
Monument will take place. Please place our following request before Council at your next meeting.
The Day of Mourning was officially recognized by the Ontario Provincial Legislature in 1988. In 1991,
An Act Respecting a Day of Mourning for Persons Killed or Injured in the Workplace passed through all stages
of the House of Commons and the Senate. The Bill which now proclaims April 28th of each year as a National
Day of Mourning received Royal Assent on February 1, 1991 and is now law. The Day of Mourning is also
officially recognized in many countries throughout the world.
We ask that your municipality join with us in paying respect to those working people who have died at
the workplace, or suffered injuries on the job by passing a resolution proclaiming Saturday, April 28, 2007 as
"Day of Mourning". We also request that flags be lowered, where possible, on Municipal Buildings in honour
and remembrance of those killed at the workplace.
While we mourn the dead, we must dedicate ourselves to fight for the living and prevent this
terrible and unnecessary toll by ensuring that our governments constantly review and enforce health and safety
regulations, that all workplaces adhere to health and safety regulations and that all workers are regularly trained
in all health and safety aspects of their workplace.
Thank you for your assistance in these matters
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William Stratton, Chair
Day of Mourning Committee
Durham Region Labour Council
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March 19,2007
REPORTS - NEW AND UNFINISHED
1. Director, Operations & Emergency Services Report OES 07-07
Green River Community Centre
Horizon House, Where Heaven and Earth Meet
- Lease Renewal Aqreement
At the February 26, 2007 Executive Committee Meeting, Report OES 07-07 of
the Director, Operations & Emergency Services was referred back to staff.
1. That Report OES 07-07 of the Director, Operations & Emergency Services
be received; and,
2. That the Mayor and the Clerk be authorized to execute a renewal lease
agreement to permit the Horizon House, Where Heaven and Earth Meet to
continue their use for church purposes at the Green River Community
Centre from April 1, 2007 to March 31, 2008 that is in the form and
substance acceptable to the Director, Operations & Emergency Services
and the City Solicitor.
2. Director, Corporate Services & Treasurer, Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road, Pickerinq
At the March 5, 2007 Council Meeting, Report CS 04-07 of the Director,
Corporate Services & Treasurer was deferred to the March 19, 2007 meeting of
Council.
1. That Heritage Permit Application HPA 001/06 be approved based on the
plans submitted with the application and subject to the following
conditions:
a) relocate the garage in accordance with any of Options A, B, or C, as
submitted by the applicant on February 26, 2007;
b) eliminate the round and half round windows; and
2. Further, that a description and sample of asphalt roofing style/type and
colour be submitted with the application and approved by the Director,
Planning & Development.
018
3. Director, Corporate Services & Treasurer Report CS 13-07
Cash Position Report as at December 31.2006
That Report CS 13-07 from the Director, Corporate Services & Treasurer be
received for information.
4. Director, Corporate Services & Treasurer, Report CS 15-07
Statement of the Treasurer Respecting 2006 Remuneration and Expenses of
Members of Council and Council Appointees to Boards, Agencies and Other
Bodies
That Report CS 15-07 of the Director, Corporate Services & Treasurer regarding
Statement of the Treasurer respecting Remuneration and Expenses of Members
of Council and Council Appointees for the year 2006 be received for information.
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: OES 07-07
Date: February 26, 2007
From:
Everett Buntsma
Director, Operations & Emergency Services
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Subject:
Green River Community Centre
- Horizon House, Where Heaven and Earth Meet
- Lease Renewal Agreement
- File: A-2130-001-07
Recommendation:
1. That Report OES-07-07 be received by Council, and
2. That the Mayor and the Clerk be authorized to execute a renewal lease
agreement to permit the Horizon House, Where Heaven and Earth Meet to
continue their use for church purposes at the Green River Community Centre
from April 1, 2007 to March 31, 2008 that is in the form and substance
acceptable to the Director, Operations & Emergency Services and the City
Solicitor.
Executive Summary:
The Horizon House, Where Heaven and Earth Meet have an existing Lease Agreement
to operate their Church at Green River Community Centre. The Horizon House, Where
Heaven and Earth Meet have requested to renew this agreement for a further year.
The Operations & Emergency Services Department recommend that a renewal
agreement be initiated with the Horizon House, Where Heaven and Earth Meet.
Financial Implications:
2007
2008
9 months @ $800
3 months @ $800
$7,200
$2.400
$9,600
Report OES-07 -07
Date: February 26, 2007
Subject: Green River Community Centre
- The Horizon House, Where Heaven and Earth Meet
Ole Lease Renewal
Page 2
Sustainability Implications:
The Horizon House, Where Heaven & Earth Meet, manage and maintain the Green
River Community Center on behalf of the City of Pickering. This assists the City's
overall staff requirements in the operation of this Facility. This group also provides a
spiritual well being for the residents, community and participants that attend regular
meetings and services organized by this group in the Green River Community Center.
Background:
On February 20, 2006, Council passed Resolution #20106 authorizing the execution of
an Agreement to renew the Lease with Horizon House, Where Heaven and Earth Meet
for their use of the Green River Community Center for church purposes from April 1,
2006 to March 31 , 2007.
The Horizon House, Where Heaven and Earth Meet have requested to renew this
agreement. The Green River Residents' Association have indicated their support for
the Church to continue using the Green River Community Center.
The renewal agreement allows the Horizon House, Where Heaven and Earth Meet to
continue their use for church purposes at the Green River Community Center from April
1,2007 to March 31,2008.
The Director, Operations & Emergency Services and Division Head, Culture &
Recreation recommend that a renewal agreement be initiated with the Horizon House,
Where Heaven and Earth Meet.
Attachments:
1. Lease Agreement
2. Location Map
Report DES-07 -07
Date: February 26, 2007
Subject: Green River Community Centre
- The Horizon House, Where Heaven and Earth Meet
- Lease Renewal
Page 3
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Prepared By:
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Supervisor, Facilities Operations
Approved I En
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Everett Buntsma
:ectorli!!:2~:e:~~cY SeNices
Stephen R~dS
Division Head, Culture & Recreation
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Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
City Solicitor
Recommended for the consideration of
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lEASE AGREEMENT
THIS LEASE is dated April 1, 2007
BET WEE N:
THE CORPORATION OF THE CITY OF PICKERING
(the "City")
- and -
HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET
(the "Tenant")
ARTICLE I . INTERPRETATION
Definitions
1. In this Lease,
(a) "Commencement Date" means April 1 , 2007;
(b) "lease" means this lease as it may be amended from time to time;
(c) "leasehold Improvements" includes without limitation all fixtures, improvements,
installations, alterations and additions from time to time made, erected or installed
by or on behalf of the Tenant in or on the Premises;
(d) "Premises" means the lands legally described as part of Lot 34, Concession 6,
designated as Part 1 on Plan 40R-6910 in the City of Pickering, Regional
Municipality of Durham and the building located thereon known as the Green River
Community Centre;
(e) "Property Taxes" means all real estate taxes, school taxes, levies, rates, duties,
assessments and charges imposed against;
(f) "Rent" means the rent payable pursuant to Section 13;
(g) "Sales Taxes" means all sales taxes, value added taxes and any other taxes
imposed on the City or the Tenant in respect of the Rent or the provision of any
goods or services by the City to the Tenant under this Lease; and
(h) "Term" means the term of this Lease as set out in Section 11.
Headings
2. The division of this Lease into articles, sections, subsections and schedules and the
insertion of headings are for convenience of reference only and shall not affect the
construction or interpretation of this Lease.
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Severability
3. All of the provisions of this Lease are to be construed as covenants even where not
expressed as such. If any such provision is held to be or rendered invalid, unenforceable or
illegal, then it shall be considered separate and severable from this Lease and the
remaining provisions of this Lease shall remain in force.
Number
4. Wherever a word importing the singular number only is used in this Lease, such word shall
include the plural. Words importing either gender or firms or corporations shall include the
other gender and individuals, firms or corporation where the context so requires.
Governing Law
5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws
in force in the Province of Ontario.
Entire Agreement
6. This Lease constitutes the entire agreement between the parties concerning the Premises
and may only be amended or supplemented by an agreement in writing signed by both
parties.
ARTICLE II . GRANT AND USE
Grant
7. In consideration of the performance by the Tenant of its obligations under this Lease, the
City leases to the Tenant the Premises for the Term and covenants to observe and perform
all of the covenants and obligations to be observed and performed by the City under this
Lease. In consideration of the performance by the City of its obligations under this Lease,
the Tenant takes the Premises on lease from the City and covenants to pay the Rent and to
observe and perform all other covenants to be observed and performed by the Tenant under
this Lease.
Use of Premises
8. The Premises shall be used only for the purposes of a church, church socials, religious
education and for no other purpose without the prior written consent of the City.
Nuisance
9. The Tenant shall not carry on any business or do or suffer any act or thing that constitutes a
nuisance or which is offensive or an annoyance to the City.
Shared Use
10. Notwithstanding anything in this Lease, the Tenant shall allow the Green River Residents
Association to use the Premises for community meetings on Mondays, Tuesdays and
Fridays and for other functions on an occasional basis on other days except Sundays, so
long as there is sufficient time to appropriately clean the Premises prior to the Tenant's use.
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ARTICLE III . TERM
Term
11. The term of this Lease shall be one (1) year from the Commencement Date to March 31,
2008.
Overholding
12. If the Tenant remains in possession of the Premises after the expiry of the Term, there shall
be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal
presumption to the contrary, and the Tenant shall be deemed to be occupying the Premises
as a tenant from month to month at a monthly rent double that set out in Section 13 and
otherwise upon the same terms, covenants and conditions as are set forth in this Lease
insofar as they are applicable to a monthly tenancy.
ARTICLE IV - RENT, TAXES AND OTHER CHARGES
Rent
13. The Tenant shall pay to the City as rent during the Term in lawful money of Canada the sum
of Nine Thousand and Six Hundred Dollars ($9,600.00) per annum in equal monthly
instalments of Eight Hundred Dollars ($800.00) each on the first day of each calendar month
during the Term, the first of such payments to be made on the Commencement Date.
14. The Tenant shall, at the request of the City, supply post-dated cheques for the Rent.
Sales Taxes
15. The Tenant shall pay to the City all applicable Sales Taxes at the same time as the amounts
to which such Sales Taxes apply are payable to the City under the terms of this Lease.
Property Taxes
16. The Tenant shall pay all Property Taxes and any taxes imposed as a result of any business
carried on in the Premises by the Tenant.
Utilities
17. The City shall pay all charges for electricity and for fuel for heating. The Tenant shall pay all
charges for garbage removal and all other operating and maintenance costs and expenses
except as otherwise provided in this Lease.
ARTICLE V. MAINTENANCE, REPAIRS AND ALTERATIONS
Maintenance and Repair of Premises
18. The Tenant, at its sole cost and expense, shall maintain the Premises in a good and
substantial state of repair and keep the Premises clean and free from all refuse.
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Leasehold Improvements
19. The Tenant shall not make, erect, install or alter any Leasehold Improvements in or on the
Premises without having first obtained the City's written approval. The Tenant's request for
any approval shall be in writing and accompanied by an adequate description of the
contemplated work and, where appropriate, working drawings and specifications. All work
to be performed in the Premises shall be performed by competent contractors and
subcontractors of whom the City shall have approved, such approval not to be unreasonably
withheld. All such work shall be subject to inspection by and the reasonable supervision of
the City, and shall be performed in accordance with any reasonable conditions or
regulations imposed by the City and completed in a good and workmanlike manner in
accordance with the description of work approved by the City.
Removal
20. The Tenant shall remove from the Premises, at its expense, all Leasehold Improvements,
furniture and equipment at the expiration or earlier termination of this Lease and shall repair
any damage caused to the Premises by the installation and removal. Where required by the
City, the Tenant shall restore the Premises to the condition they were in prior to the
installation of the Leasehold Improvements, furniture and equipment being removed.
ARTICLE VI . INSURANCE AND INDEMNITY
Tenant's Insurance
21. The Tenant, at its sole cost and expense, shall take out and maintain,
(a) insurance upon property owned by it which is located on the Premises; and
(b) commercial general liability insurance pertaining to the Tenant's liability to others in
respect of injury, death or damage to property occurring upon, in or about the
Premises, such insurance to be of an amount which is reasonable and sufficient
having regard to the scope of the risk and the current practice of prudent owners of
similar premises for the carrying on of similar businesses, but in any event in an
amount not less than five million dollars ($5,000,000.00) for claims arising out of one
occurrence. Such policy shall also name the City as an additional named insured
and may not be cancelled unless prior notice by registered letter has been given to
the City by the insurer 30 days in advance of the expiry date.
22. Prior to the Commencement Date, the Tenant shall file with the City a Certificate of
Insurance, in a form satisfactory to the City, verifying that the commercial general liability
insurance policy is in effect and setting out the essential terms and conditions of the
insurance.
23. The provision of any insurance policy required by this Lease shall not relieve the Tenant
from liability for claims not covered by the policy or which exceed its limits, if any, for which
the Tenant may be held responsible.
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Insurance Risks
24. The Tenant shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the City's insurance
policies in force from time to time covering or relevant to any part of the Premises or which
would prevent the City from procuring its policies with companies acceptable to the City. If
the occupancy of the Premises, the conduct of business in the Premises or any acts or
omissions of the Tenant on the Premises causes or results in any increase in premiums for
any of the City's insurance policies, the Tenant shall pay such increase to the City.
Indemnification
25. Each of the City and the Tenant shall indemnify and save harmless the other from and
against any and all actions, losses, damages, claims, costs and expenses (including
solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or
may become liable by reason of any breach, violation or non-performance by the party so
indemnifying of any covenant, term or provision of this Lease or by reason of any damage,
injury or death occasioned to or suffered by any person or persons including the City or the
Tenant, as the case may be, or any property by reason of any wrongful act, neglect or
default on the part of the party so indemnifying or any of those persons for whom it is in law
responsible. For greater certainty, the limitation of liability set out above in this section
does not extend to claims, losses or damages resulting in whole or in part from the gross
negligence or wilful misconduct of the party claiming indemnification, its employees or those
for whom it is in law responsible.
ARTICLE VII - REMEDIES ON DEFAULT
City's Right to Re-Enter
26. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days
after the Tenant has received notice thereof, then it shall be lawful for the City at any time
thereafter to re-enter the Premises.
City's Right to Remedy Default
27. In addition to all other remedies the City may have under this Lease and in law, if the
Tenant is in default of any of its obligations under this Lease, and such default has
continued for a period of ten (10) days after receipt of notice by the Tenant (or such longer
period as may be reasonably required in the circumstances to cure such default, except in
an emergency where the City will not be required to give notice), the City, without prejudice
to any other rights which it may have with respect to such default, may remedy such default
and the Tenant shall be responsible for all such costs.
Waiver
28. No condoning, excusing or overlooking by the City of any default, breach or non-observance
by the Tenant at any time or times in respect of any covenant, obligation or agreement
under this Lease shall operate as a waiver of the City's rights hereunder in respect of any
continuing or subsequent default, breach or non-observance, or so as to defeat or affect in
any way the rights of the City in respect of any such continuing or subsequent default or
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breach, and no waiver shall be inferred from or implied by anything done or omitted by the
Tenant save only an express waiver in writing.
ARTICLE VIII. MISCELLANEOUS
Quiet Enjoyment
29. The City shall permit the Tenant to peaceably possess and enjoy the Premises during the
Term without any interference from the City, or any person lawfully claiming by, from or
under the City provided the Tenant is not in default.
Right of Entry
30. The Tenant shall permit the City and authorized representatives of the City to enter the
Premises during normal business hours for the purpose of inspecting the same on prior
notice to the Tenant (except in an emergency where no notice shall be required), and the
Tenant shall arrange for such entry at a time convenient to both parties. The City shall use
its best efforts to minimize the disruption to the Tenant's business operations during any
such entry.
Signs
31. The Tenant shall be permitted to maintain an identification sign at or near the front of the
Premises. Such sign shall only contain the name or style under which the Tenant is
operating, the names of its leaders, and the times of its activities, unless otherwise
approved in writing by the City. The Tenant shall not otherwise paint, display, inscribe,
place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the
Premises or within the Premises so as to be visible from the outside of the Premises without
the prior written consent of the City. Any signs installed by the Tenant shall be removed
from the Premises at the end of the Term.
Compliance with Laws
32. The Tenant, at its sole cost and expense, shall comply with all legal requirements (including
statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every
governmental authority having jurisdiction) that relate to the use or occupation of the
Premises by the Tenant or the making of any improvements to the Premises by the Tenant.
Notice
33. Any notice required to be given by the Tenant to the City under this Lease shall be in writing
and shall be delivered to:
The Corporation of the City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
Attention: City Clerk
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C& s6ch other address of which the City has notified the Tenant in writing, and any such
notice delivered shall be deemed good and sufficient notice under the terms of this Lease.
34. Any notice required to be given by the City to the Tenant under this Lease shall be in writing
and shall be delivered to:
Horizon House Where Heaven & Earth Meet
190 Phyllis Avenue
Scarborough, ON M1M 1Y8
Attention: Walter Psotka, President
or such other address of which the Tenant has notified the City in writing, and any such
notice delivered shall be deemed good and sufficient notice under the terms of this Lease.
Assignment and Subletting
35. The Tenant shall not assign this Lease or sublet all or any portion of the Premises without
the prior written consent of the City.
Successors and Assigns
36. This Lease shall enure to the benefit of and be binding upon the parties and their respective
successors (including any successor by reason of amalgamation or statutory arrangement)
and permitted assigns.
IN WITNESS WHEREOF the parties have executed this Lease.
THE CORPORATION OF THE CITY OF PICKERING
PER:
David Ryan, Mayor
PER:
Debi A. Bentley, Clerk
HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET
PER:
Walter Psotka, President
PER:
Peter Lunde, Treasurer
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ATTACHMENT FOR REPORT OES-07-07__
SCALE: DATE;
NTS FEBRUARY 9/2007
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 04-07
Date: January 22, 2007
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Heritage Permit Application 001/06
- Submission under the Ontario Heritage Act
- 325 Whitevale Road, Pickering
Recommendation:
Council Direction Required
Executive Summary: On July 24, 2006 Council approved a formal application
process for alterations, additions or demolitions or erection of a building in a Heritage
Conservation District. Cimas Construction submitted Heritage Permit Application
#001/06 for property municipally known as 325 Whitevale Road. The purpose of the
application is to permit the new construction of a single-family residential dwelling within
the Whitevale Heritage District. In accordance with the heritage permit application
procedure established under the Ontario Heritage Act, Council is the delegated
authority to consent or refuse the application.
Financial Implications: Not applicable.
Background: On July 10, 2006, Cimas Construction Ltd. submitted a heritage
permit application, pending approval of the process by Council on July 24, 2006. A
copy of the application is included as Attachment #1 to this report. It should be noted
that the Applicant has been in discussions with Heritage Pickering since the beginning
of the year, prior to final plans being drawn up. As part of the City's goal for process
improvements, the heritage permit application process was implemented in order to
facilitate decisions with respect to heritage properties. As part of the heritage permit
application process, comments are solicited from the Planning & Development
Department and Heritage Pickering. If deemed necessary, at the discretion of the Chief
Building Official, Planning & Development will also seek a peer review from a qualified
heritage consultant on the subject application.
Report CS 04-07
Heritage Permit Application HPA 001/06
January 22, 2007
Page 2
Comments
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Planninq & Development Department:
After careful review, the Planning & Development Department is recommending
approval of Heritage Permit Application HPA 001/06. The proposal generally conforms
to established guidelines for new buildings that the applicant can reasonably be
expected to comply with, given the background, context and the lot to which this
application applies. It is noted by the Planning & Development Department that the
applicant's architect prepared the final design documents after consultation with
Heritage Pickering.
The Whitevale Heritage District Guidelines includes some general recommendations for
new buildings, and were intended to provide for some flexibility and accommodation in
their design. The guidelines state that:
new buildings should respect the prevailing character of adjacent buildings,
streetscape and district through compatible location, height, setback, orientation,
materials, fenestration, scale and proportion.
The applicant's proposal is for a two storey detached dwelling of about 3400 square
feet on a 2/3 acre vacant corner lot at the western edge of the hamlet. The location,
height, setback, orientation, materials and fenestration are in general accordance with
the District Guidelines. The dwelling is somewhat larger than some adjacent heritage
dwellings. It is probably unreasonable and impractical, however, to mandate that the
applicant match the proposed building to the scale of the immediately adjacent
dwelling, which is located on a much smaller lot. The proposed building conforms to all
zoning requirements and the applicant has incorporated significant setbacks to the
neighbouring heritage dwellings that are much in excess of permitted minimums.
The June 1, 2006 comments provided by the Chair, Heritage Pickering, are
understandably advocating a high level of heritage design compliance. When
measured against this new building proposal, they reflect a more particular and
restrictive approach to architectural control in the District than has been the case in the
past.
In considering whether to apply greater heritage obligations in this case, Council should
consider that:
a uniquely liberal approach to implementing a conservation District was applied
by Council in Whitevale. At the time of implementation, any owner wishing to be
exempt was allowed to do so. As a result, the District today contains
approximately 20 lots whose owners are not obliged to comply with any heritage
requirements.
Report CS 04-07 REVISED
Heritage Permit Application HPA 001/06
January 22, 2007
Page 3
!') ('1"'--,
l~ 'th~ 1990 Whitevale Heritage Conservation District Plan, prepared by the City by
Unterman McPhail Heritage Resource Consultants, recommended that the
introduction of new buildings into Whitevale be accepted as part of the
continuing change that all communities experience. It was not intended that the
Conservation District limit new building forms to only those that exist.
the application of more prescriptive and restrictive architectural criteria has
generally been reserved for construction directly associated with existing
heritage buildings, in order to protect their integrity.
a contemporary new building design using traditional elements is acceptable and
consistent with the established District Guidelines.
more prescriptive control to all
applications, the current District exemptions and Guidelines should first be re-
examined. Prior to City application of these standards, it is essential that more
descriptive information and consultation be available for applicants before they proceed
with detailed construction plans. If it is decided to move in this direction, it is
recommended that:
1. The District Plan Guidelines be reviewed, and more detailed information
incorporated, prior to being considered for adoption by Council;
2. Commentary and recommendations be obtained from a qualified heritage
consultant on the revised guidelines; and
3. The District boundaries be amended to incorporate currently exempt properties,
in order to further District integrity and ensure consistency of heritage control.
Heritage Pickerinq Comments
As requested, the plans submitted for 325 Whitevale Road have been reviewed by the
Committee. Heritage Pickering has used section 5.4 New Buildings in the Whitevale
Heritage Conservation District Guide to provide guidance for our recommendations.
Heritage Pickering is disappointed to see that none of the feedback provided to the
owners in our June 2006 memo, during informal consultation, have been incorporated
into this formal application. In light of this fact, Heritage Pickering maintains its
concerns previously expressed and has listed the recommended changes to the
application based on the Whitevale Heritage Conservation District Guide:
5.4.1 New buildings should be visually compatible with adjacent properties and the
streetscape.
5.4.3 Maintain the rural settlement pattern to protect the integrity of this area, and to
reinforce the distinct character of the hamlet...
The proposed dwelling is significantly larger in size as well as design than any adjacent
property. While we do not advocate that the dwelling must match the scale of adjacent
Report CS 04-07
Heritage Permit Application HPA 001/06
January 22, 2007
Page 4
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properties, it is reasonable to expect that it would be closer in proportion than in the
current application. The site of this property is in a very visible location, and therefore,
will have ,a significant impact on the consistency of the settlement pattern. Located on
property at the west end gateway of the Hamlet, the proposed dwelling does not
maintain the rural settlement pattern. This type of building is more consistent with new
subdivisions, not a rural Hamlet that is a designated Heritage Conservation District.
5.4.6 A building form which is proportionately greater in width than depth and of a side
gable design is encouraged. Extended rear sections to form the traditional T
shape is encouraged where additional floor space, is needed.
The owner was encouraged to 'redesign the plans to fit more closely to the above
description instead of the current, very modern, design in order for this dwelling to fit
more consistently in with the surrounding neighbourhood.
5.4.7 Roofs of new buildings should - match those of neighbouring buildings in shape
and pitch; be a side or end gable design; be !ow to medium pitch; utilize cedar or
asphalt shingles. Steep pitches, cross-gable, flat and mono-pitch roofs, and
polygonal towers should be avoided...
It appears from the drawings that the roof lines may not follow some of the above
guidelines, namely not being a side or end gable design and the tower-like portion of
the west end of the building is not consistent with rural hamlet structures.
5.4.9 Windows and doors in new buildings should - be generally verlical and
rectangular; be limited in size so as to be similar to, heritage buildings in the
proporlion of openings fo solid wall; avoid the use of snap in muntins, decorative
shapes such as bulls-eyes, keystones, quoins and other decorative surrounds.
While the majority of windows are vertical and rectangular, there are a large number of
windows in proportion to the solid walls. In addition, there are a number of half circle
windows and one fully round window that should be removed or replaced.
5.4. 12 Garages should not form a part of the front fac;ade. A less conspicuous location
is recommended.
Although the garage doors do not face the street, the garage does form a part of the
front facade, significantly increasing the overall size of the structure. 5.5.4
recommends garages be located to the rear of the property.
The proposed design does follow guidelines 5.4.2 (maximum structure height), 5.4.4
(setbacks), 5.4.5 (street facing walls parallel to the road), 5.4.11 (exterior wall finish).
It has been noted that Heritage Pickering's comments represent a shift to a more
particular and restrictive approach that has been the case in the past. With the recent
passing of the revisions to the Ontario Heritage Act, we now have a better foundation
on which to protect heritage assets that was not afforded in the past. While not
Report CS 04-07
Heritage Permit Application HPA 001/06
January 22, 2007
Page 5
032. .
necessanly popular, recommendations that preserve the heritage of this area are
needed.
With respect to the liberal approach to implementing the conservation district,
specifically that owners were allowed to be exempt, Heritage Pickering is currently
working with the Whitevale and District Residents' Association to remove these
exemptions. In addition, it should be noted that the current property in the application is
not exempt from the heritage district and subject to the guidelines. In fact, the new
legislation affords some protection to those exempted properties in Whitevale though
policy 2.6.3 which states that "Development and site alteration may be permitted on
adjacent lands to protected heritage property where the proposed development and site
alteration has been evaluated and it has been demonstrated that the heritage attributes
of the protected heritage property will be conserved. Mitigative measurers and/or
alternative development approaches may be required in order to conserve the heritage
attributes of the protected heritage property affected by the adjacent development or
site alteration."
Heritage Pickering has attempted to implement and use guidelines available to us in
considering this application. The provincial Ministry of Culture refers to Parks Canada -
Standards and Guidelines for the Conservation of Historic Places in Canada - New
Additions to Historic Places recommendations of "Placing a new addition on a non-
character-defining portion and limiting its size and scale in relationship to the historic
place (Whitevale Heritage Conservation District)."
They do not recommend "constructing a new addition so that the character-defining
features of the historic resource (Whitevale Heritage Conservation District) are
obscured, damaged or destroyed, or the heritage value is otherwise underminded" and
"Designing and constructing new additions that diminish or eliminate the historic
character of the resource, including its design, materials, workmanship, location or
setting" and "Designing a new addition that obscured, damages or destroys character-
defining features of the historic place or undermines its heritage value." Based on the
points referred to previously, Heritage Pickering believes that guidelines are not being
met.
In addition, as noted, a review of the current heritage conservation district guidelines so
that they may be provided to applicants before they proceed with detailed plans is
needed and Heritage Pickering has identified this as a responsibility. In the absence of
this, Heritage Pickering has been involved with informal consultations, including with the
applicants, in order to provide comments, suggestions and/or recommendations. In this
case, the applicants did not see fit to incorporate any of Heritage Pickering's comments
into the final plans.
While the position of Heritage Pickering may represent a shift from previous positions, it
also represents the opportunity to preserve the heritage assets of the City of Pickering.
Property owners are aware of restrictions on heritage property, either in a district or
individual designations, when it is purchased and it is incumbent on our committee to
uphold the protection that designation affords to properties and districts.
Report CS 04-07
Heritage Permit Application HPA 001/06
January 22, 2007
Page 6
003
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For the reasons stated above, Heritage Pickering cannot support the plans as currently
proposed and would, therefore, recommend that Council not approve the application.
Should changes be considered based on the recommendations made in our memo, the
owners will achieve a better balance of integration of a new structure onto a
prime/gateway location within the Heritage Conservation District.
Attachments:
1. Heritage Permit Application HPA 001/06
(Correspondence included as part of the application)
2. Location Map for 325 Whitevale Road
Prepared By:
Approved I Endorsed By:
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Debi A. Bentley
City Clerk
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Director, Corporate Services & Treasurer
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
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ATTACHMENT #
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TO REPOR>TotIerina C ic Complex
Esplanade
Pickering, Ontario
Canada
L1 V 6K7
Direct Access 99905.420.4660
Cityofpickering ,com
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RE(;E8VED
CITY OF PICKERING
.JUL '1 n 2006
CORPORATE SERVICES DEPARTMENT
Clerk's Division
Division 905.420.4611
Fascimile 905.420.9685
:Ierks@citv.pickerino,on.ca
CLERK'S DIVISION
DATEFI
:f'^'-\1 10,2.0D.6
APPLICATION NO:
HPA- 0::)1/01.0
BH Qb-2c40
The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 42 of the Ontario
Heritage Act, RSO 1990, c.18 for alteration, addition, demolition or erection of a building in a Heritage
Conservation District.
1.
NAME OF OWNER c'im"aS Cons'tract,on Ltd.
ADDRESS OF OWNER 37 Grc~h~er Ave./~CQr./ Ontario
POSTAL CODE 1v1i Ie 3 K q TELEPHONE NO. 4lti""2 61- b 77 q
EMAIL: d.rY)dlo.nisl.@bellnet.co
2.
LoeA TION OF PROPERTY:
ADDRESS: 325 Wh',tevale
LOT NO.
REGISTERED PLAN NO.
3. NAME OF AGENT (IF ANY):
ADDRESS:
POSTAL CODE
TELEPHONE NO.
4. FULL DESCRIPTION OF ALL PROPOSED WORK
New oon~tructlO(\ of . ~ln9\e .-f1n11\,j yes;idcntIQ\ .
12.
13.
14.
vlty- of Pickering Application for Alteration or Addition to a Designated Property Page 2
5.
,EXISTING.Ma PROPOSED TOTAL FLOOR AREA:
EXISTING USE OF PROPERTY: Vace, n t
PROPOSED USE OF PROPERTY: '~~ide)1t,cIl
l" ') Oc_
.~ t.J ~)
6.
7.
8. CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS:
Please attach drawings of the proposed construction. The applicant may also submit a
sketch of any alterations made over a photograph.
Drawings must be to scale and indicate the existing building and proposed additions, including:
a) overall dimensions;
b) specific sizes of building elements (signs, windows, awnings etc.)
c) . detail information including trim,' siding, mouldings, etc.
d) materials to be used
OTHER INFORMATION: You may provide other written information or documents
supporting your proposal for the City's consideration.
10.
11.
PHOTOGRAPHS: Photographs of the building including general photos of the property,
the streetscape in which the property is located, the facing streetscape, and if the
property is located at an intersection, all four corners. Photos of the specific areas that
may be affected by the proposed change or alteration assist the City with the review of
the application.
PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional
assistance in the preparation of this information, the applicant may wish to seek such
assistance from an architect, architectural technologist, preservation specialist, or others
familiar with the unique requirements of designated heritage buildings.
BUILDING CODES AND BY-LAWS: This application concerns heritage approval only.
It is not a buildina permit application. It is the applicant's responsibility to apply for and
obtain a building permit prior to undertaking any construction.
OTHER APPLICATIONS:
Do you have any concurrent applications (ie: Committee of Adjustment) YES @
IF YES, PLEASE LIST:
~~
SIGNATURE OWNER(S)
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SIGNATURE OF AGENT
Please note: Notice of Receipt will be forwarded to you by the City Clerk. Notice of Collection:
Municipal Freedom of Information and Protection of Personal Privacy Act Personal Information is
collected under the authority of the Planning Act, R.S.O. 1990 as amended, and will be used to assist in
making a decision on this matter. All names, addresses, opinions and comments will be made available
for public disclosure. Questions regarding this collection should be forwarded to the City Clerk, Civic
Complex, One the Esplanade, Pickering, L 1V 8K7, 905.420.4660, ext. 2153.
036
CIMAS CONSTRUCTION LTD.
,
37 GRANGER AVE.
SCARBOROUGH, ONTARIO M1K 3K9
TEL 416-261-6779
FAX 416-261-8687
July 5,2006
Attention Debbie Bentley,
City Clerk's Office,
My experience with the Pickering Heritage Committee has been confusing and anything but .
helpful. At the beginning of the year, before final plans were drawn up and the information for
the pennit was collected ie: engineered truss and floor designs, we submitted a
preliminary/possible arch.dwg to the Heritage Committee for a new residential home at 325
Whitevale Rd. This was circulated to them through Tim Moore of the Planning Department. In
February 2006 two e-mails were sent to us with comments about the new structure (again via
Tim Moore).
At best these comments/ suggestions were vague and unclear and seemed to promote some
architect called BarnOwl, which we are not familiar with?? It was clear that very little time or
effort went into the feedback given at this time. In any case, in an effort to comply with the
comments/ suggestions and work with the committee, we altered various aspects of the design
to comply with the few issues pointed out by them.
We were quite happy to make the changes that were suggested at this time. We changed the
exterior from brick to batten board, we replaced the metal railings to wood, we altered the
palladium windows to a more traditional square design,... We believed that the resulting
design would be acceptable because, after all, we had already cleared it through Heritage,
thinking that they had given it thorough attention.
My question to the committee is why did we not get more detailedfeedback at this stage????
Confidently, we submitted all our documents for pennit review with the building department at
City of Pickering ie: revised architectural drawings, engineered truss and floor designs. . . . We
have lined up the well and septic tank contractor who will put in the most modem and space
efficient model available.
On June 1,2006 whenwe were told that the Heritage Committee would not support our
proposed plan we were quite frankly surprised and shocked. After reading the new, very
detailed comments about the design we felt as though we had been misled.
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I attempted to contact Pamela Fuselli many times to raise my concerns. She said she would pass
my questions along to the committee but I was not allowed to address them myself. We were
told that Pickering Heritage would 'be happy to work' with us and I was more than willing to
talk to the committee but I was told I could not attend the June 14 meeting as it was called 'ad
hoc'(you know, not scheduled). Finally, I e-mailed her to tell her what I had already changed
and what could be altered with respect to their comments. No :further discussion was initiated.
I was tmder the impression that the Whitevale Heritage Conservation District Guide is a
document which offers guidelines not dictates laws. Section 5.4 of the New Buildings in
Whitevale Heritage Conservation District Guide uses tenninology such as "should" or
"should be avoided" or "is recommended". We have shown a willingness to comply with the
suggestions given by the committee and feel that the Heritage Committee has been given too
much power in this regard (as to be able to freeze my permit application).
They wrote the following in an e-mail,
"Their architect should not put any architectural feature on the exterior if they can't find
an example of it in the village".
Upon travelling through the village, we have found various examples of non-compliance
according to these guidelines, such as, brick and stucco exterior fmishes, round and palladium
style windows, attached garages, '"
At this time it will be costly and structurally difficult to address 5.4.6 and 5.4.7 as altering the
roof and floor designs require going through the architect and the engineer again and I have
already spent over $ 15,000.00 dollars on architecture revisions and engineering fees.
Although, in the spirit to show that we are co-operative and in addition to the changes we have
already made, we propose the following:
In reference to 5.4.9, we are willing to change the windows size and shape by removing all half
circle and round windows.
We hope this is agreeable to tlle council and city clerk's office.
Regards,
Deborah Dionisi
Cimas Construction Ltd.
37 Granger Ave
Scarborough, Ontario
MIK 3K9
Tel: (416)261-6779
Fax: (416)261-868
u~/~J/~OOti IHl 10
5 HO i643
PICKERING PLANNING & DEV
~003
Moore, Tim
From:
Sent:
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Subject:
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Pamela Fuselli [heritagepickering@hotmail.com] .
February 22,20065:19 PM
Moore, Tim
Altona/Whitevale
tii Tim,
':'!'":e of :;h:?::.:ri:r,i:te: membe:-s had an additional 3u9gesr:ion '- could rou pass
:his ~lcn; ~3 well?
"
", ..5us~e5: t~ ~~~ b~ilder that they take a closer look at particular.
~~~:~:es ~n i~i5~i~a architectura within Whitevale and draw from~hose ie,
.;;;:hi.: '.i:~.::i::'.:::. =,:,;~flin€s, typical mid-late 1800 architecture. Tn9.< shingle
:::::':~;;::'c.:,?:;, ~~l~cian-s'tyle and ca.pe cod windows, metal railing etc,
a:e C~: of p:ace, Thei: architect should not put any architectural feature
.,.. t:.e e:-:teri.;,r if 1:hey can't find an example or it in the Village i ~self.
-~ ~~ey n~~d a ~113gR5tion for an architect who under3tands a bit better how
h~ make s~~e:~~n; look old check out Barn Owl designs. She still uses a bi~
=: a m~sh~a5~ cf featu=es but she's better than most, There a=e a :ew
I=C tra~i:io~al- like ~he "Rosseau' House" and "Oxford House".
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02l2J/2006rau, 1,0: 905, 420..7648
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From:
Sent:
To:'.
Subject:
PICKERIN,G j'lANNING &DEV
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Pamela Fuselli [heritageplckering@hotmail,com)
February 21,20069:19 PM
Moore, Tim
Heritage PickerIng
:;1 Tim
,";
Get::inq oack,t;) you"about, the Altona/Whitevde Road propos~d house plan - I
apologize for ,tile de: lay in getting feedback to you. 'While the committee
merr'.:'ie:s 1 i ked !iome.,oft~~ ,detdls, there ,we::e some ,co,l1cerns:
'". .
1. This c;)rner is the igatewayl~t"O the Whitevale Heritage Conservation
Di5trict -any ~uildinq ~hould reflect the characteristics ot this area.
Given the majorityot the homes are, at most 1 1/2 storeys, this is what
~~'d rsccrrmend tor thc~e lots. .
2, So~e ot the materials they are proposing to u~~ar~n't consistent with
hG:d~aqe homas, ~.9.-met~1 railings;
3. ':-lave
s:a:Jtic-:
~heyconsidQied that the house would be supported by a well and
.
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June 1, 2006.
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'j im Moore
Chief BU1fding Official
City of PIckering
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Subject:
325 Whitevale. Road
. As requested, I've reviewed the plans submitted for 325 Whitevale Road and compared them
'Nit". section 5.4 New Buildings In the Whitevale Heritage Conservation District Guide. Below
are my comments:' "
S; ,',.
5.4.1 New buildings should be vf;)ualJy ~ompatible with adjacent properties and the
streets cape.
Given the significant difference In size and design between the proposed building and any
adjacent property, these plans do not meet this guIdeline.
. .
./
5.4.3 Maintain the rural settlement pattern to protect the Integrity of this area, and to
reinforce the distinct character of the hamlet....
This structure. located at the west end gateway of the Hamlet, does not maintain the rural
settlement pattern. This is the type of building you'd expect to find in new subdivisions. not a
rural Hamlet that is a heritage conservation district.
5.4.6 A building form whIch is proportionately greater in width than depth and of a side
'.; gabre design Is encouraged. Extended rear sections to form the traditional T shape is
encouraged where additional floor space Is needed.
The owner Is' encouraged to redesIgn the plans to fit the above description instead of the
current, very modern, design. ,..,
". .
,5.4.1 Roofs of new buildings should - match those of neighbouring buildings in shape
and pitch; be a side or end gable design; be low to medium pitchj utilize cedar or asphalt
shingles. Steep pitches, cross-gable, flat and mono-pItch roofs, and polygonal towers
should be avoided.... . .
It appears from the drawIngs that the roof lines may not follow some of the above guidelines.
namely not being a side or end gable design and the tower-like portIon of the west end of the
building.
5.4.9 Windows and doors in new buildings should. be generally vertical and rectangular;
be limited In size so as to be similar to heritage buildings In the proportton of openings
to solid wall; avoid the use of snap In muntlns, decorative shapes such as bulls-eyes,
, keystones, quoins and other decorative surrounds.
".,: 'While the majority of windows are vertical and rectangular. there are a large number of windows
. in proportion to the solid walls. In addition, there are a number of half circle windows and one
. . fully round window.
06 MON 10:J2 FAX 905 420 7648
PICKERING PLANNING & DEV
5.4.12 Garages should not form a part of the front facade. A less conspicuous location
is recommended. "
Although the garage doors do not face the street, the garage does form a part of the front '.
facade, significantly increasing the overall size of the structure. .5.5.4 recommends garages be
located to the rear of the property.
.~.
.
.
The proposed desIgn does fol/p.w guidelines 5.4.2 (maximum structure height), 5.4.4 (setbacks),
5.4.5 (street facing walls parallei to the road), 5.4.11 (exterior wall finish).
While Heritage Pickering can not support the plans as currently proposed, we would be happy
to work with the owner to achieve a better balance of integration of a new structure onto a
prime/gateway location with the Heritage Conservation District.
Regards
\.
Q~
Pamela Fuselli '.
Chair, Heritage Pickering
Copy: City Clerk
."
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C41
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From:"Pamela Fuselli" <heritagepickering@hotmail.com> Q
Date:2006/06/15 Thu PM 03:35:38 GMT.04:00
To: dmd ion isi@bellnet.ca
Subject:Re: 325 Whitevale Road
(Choose Fold$.r)X\ .
,_.;.....~.,-,,:.-'..........~~"'..'........","""t..!M!....-.......'-'......'ol
Hello Deborah,
"01 getting back in touch to let you know that the committee's decision was
to uphold our recommendations from June 2006. In response to your
request to attend, as the meeting was ad hoc (not a regularly scheduled
meeting), it was not open to the public but for committee discussion
purposes.
Please get in touch with Tim Moore, who I have already advised of our
decision, for the next steps.
Regards
Pamela Fuselli
Chair, Heritage Pickering
>From: <gmQiQ.nl~j.@R~Jl!J.~t!;.;p
> To: .Pamela Fuselli" <h~r.it!K~pl~~.~rlrrg@hQ.tm~!L~9JTI>
>Subject: Re: 325 Whitevale Road
>Date: Wed, 14 Jun 2006 15:54:39 -0400
>
>Good Afternoon
>1 have not heard back from you regarding whether it is possible to attend
>the meeting scheduled for tonight. Do you have a time and location for me?
>Regards,
>Deborah Dionisi
>Cimas Construction Ltd.
>
>
>>
> > From: "Pamela Fuselli" <h~rj.t,gg~l2i.ck~I[!]g@hQlmgILcom>
> > Date: 2006/06/12 Mon PM 03:29:21 GMT-04:00
> > To: g_m_Qj.QDJ~l@p.~J!JJ~t_c;E!
> > Subject: 325 Whitevale Road
>>
> > Hello,
>>
> > , have scheduled an ad hoc meeting of Heritage Pickering for this
>Wednesday,
> > June 14. If you could send your questions to me via email, we can
>discuss
> > them at this meeting and then get back to you by the end of the week.
>After -
> > you've had an opportunity to review the information, we can schedule a
> > meeting if needed.
>>
Read Message
:> :> As I do most of the committee work on evenings and weekends, you can use
:> :> this email address or my home telephone number to reach me.
:>:>
:> :> Regards
:> :> Pamela Fuselli
:> :> Chair, Heritage Pickering
:>:>
:>:>
:> :> Fashion, food, romance in Sympatico / MSN Lifestyle
:> :> httRi /1[f@'~~_~llittifQ,.m~o.,-Ga/H9JI!e/
:>:>
:>
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From:"Pamela Fuselli" <heritagepickering@hotmail.com:> Q
Date:2006/06/10 Sat AM 09:18:04 GMT.04:00
To: dmdion isi@bellnet.ca
Subject:RE: 325 Whitevale
If_Qg~~~f~~2.~r)}~~Vil
Thank you for your email and telephone messages. I have been away on
business so was not able to respond to your messages.
Some information that may help you understand our role. Heritage Pickering
is an advisory committee to the City and our committee members are appointed
volunteers. While I am the Chair, committee business is conducted by the
entire membership.
I have forwarded your request to the committee and will be in touch this
coming week to let you know the next steps.
Regards,
Pamela Fuselli
Chair, Heritage Pickering
:>From: <.9..mq19Jll~@Q.~.lo~.L<;'g.:>
:> T 0: <!l~.rlt.ag~P'jf!:H~.r:jDg@h9..t.m9..[L.!;'Q.rrP
:>Subject: 325 Whitevale
:>Date: Wed, 7 Jun 2006 12:31:06 -0400
:>
:>Good Afternoon Ms. Fuselli,
:>1 am one of the officers of Cimas Construction Ltd. who is waiting on a
:>permit to construct a single family dwelling at the above address.
:>1 would like to met with you to discuss your comments regarding this
:>project. I have various questions for you and your attention to this
:>matter.
:>Please contact me to set up an appointment ASAP,
:>we can cannot afford further delay in this matter.
>Regards,
:>Deborah Dionisi
:>Cimas Construction Ltd.
>
Auto news & advice -check out Sympatico / MSN Autos
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From: <dmdionisi@bel/net.ca:> Q
Date:2006/06/14 Wed PM 03:54:39 GMT.04:00
To:"Pamela Fuse"i" <heritagepickering@hotmail.com:>
Subject:Re: 325 Whitevale Road
Good Afternoon
I have not heard back from you regarding whether it is possible to attend the
meeting scheduled for tonight. Do you have a time and location for me?
Regards,
Deborah Dionisi
Cimas Construction Ltd.
:>
:> From: "Pamela Fuselli" <b.er!l~~.i~.!s?.l.ing@ILQ.tm9.J.l~m:>
:> Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00
:> To: gmg1911~i@J~ellfl_~"~!1!.
:> Subject: 325 Whitevale Road
:>
:> Hello,
>
:> I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday,
:> June 14. If you could send your questions to me via email, we can discuss
:> them at this meeting and then get back to you by the end of the week. After
:> you've had an opportunity to review the information, we can schedule a
:> meeting if needed.
:>
:> As I do most of the committee work on evenings and weekends, you can use
:> this email address or my home telephone number to reach me.
:>
:> Regards
:> Pamela Fuselli
:> Chair, Heritage Pickering
:>
:>
:> Fashion, food, romance in Sympatic() 1 MSN Lifestyle
> h. ttQ;Jllife~tY-!!l-,-~y.m1LcU:l~Q.,m sn . ~Sll I:!.QJI1~
:>
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From:<dmdionisi@bellnet.ca> Q
Date:2006/06/12 Mon PM 05:48:29 GMT.04:00
To:"Pamela Fuselli" <heritagepickering@hotmail.com>
Subject:Re: 325 Whitevale Road
j~~!:~~~~".F?1~9X{i.i&1
Good Afternoon,
We at Cimas Construction Ltd. have accommodated your previous requests/comments
made February 21 & 22,2006 ie we changed metal railings to wood, we changed
brick to batten board, we have moved the garage from front facing to side
facing.. I think this design has a distinctly heritage feel. In fact, it is
compatible with the homes found at the eastern end of the village.
I am willing to change the circular and semi.circular windows on the front
facade. Conversely I am not willing to change the floor plan or roof
design.
Is there any way for me and my associate to attend the Wednesday meeting??
Regards,
Deborah Dionisi
Cimas Construction Ltd.
>
> From: "Pamela Fuselli" <!:L~rit!g~Q.lc;:j(~rll1g@b.Q.tm~lL~.QD.1>
> Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00
> To: ~rnglQ!Jl~i@R~JJD~.L~f!
> Subject: 325 Whitevale Road
>
> Hello,
>
> I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday,
> June 14. If you could send your questions to me via emaH, we can discuss
> them at this meeting and then get back to you by the end of the week. After
> you've had an opportunity to review the information, we can schedule a
> meeting if needed.
>
> As I do most of the committee work on evenings and weekends, you can use
> this email address or my home telephone number to reach me.
>
> Regards
> Pamela Fuselli
> Chair, Heritage Pickering
>
>
> Fashion, food, romance in Sympatico / MSN Lifestyle
> httP..l.LUfe ~J"y'!~,~YmRgti~o. t.n~X1-,-GiljJ:LQDIe /
>
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION CON 4, N PT LOT 32, PLAN 21 LOT 1, 2 & PT LOT 3, RP 40R-9543 PART 1,2 l'
OWNER CIMAS CONSTRUCTION LTD. DATE OCT 2,2006 DRAWN BY JB
FILE No. HPA 001/06 SCALE 1 :5000 CHECKED BY TM
OaT~,.~:~(C;~~erpriaes Inc. and its .uppliers. All rights Reserved. Not a plan of survey. PN-RUR
2005 MPAC and its suppliers. All ':'lahb ReSierved. Not '0 plan of Survey.
47
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CORPORATE SERVICES DEPARTMENT
CLERKS DIVISION
MEMORANDUM
February 23,2007
To:
Mayor and
Members of Council
From:
Debi Bentley
City Clerk
Subject:
Addendum to Report CS 04-07
Heritage Permit Application 001/06
Submission Under the Ontario Heritage Act
325 Whitevale Road, Pickering
Further to Council direction, please find enclosed the consultant's report,
Unterman, McPhail Associates, Heritage Resource Management Consultants,
relating to the above Heritage Permit Application.
This matter is listed as Item #1 on the February 26, 2007 Executive Committee
agenda.
Copy: Chief Administrative Officer
Department Heads
Deputy Clerk
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s RECEIVED
FILE
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AN McPHAIL .u..SSOCIA.TES
Ms. Debi A. Bentley, CMO, CMM III
City Clerk, City of Pickering
Pickering Civic Centre Complex
One The Esplanade
Pickering, Ontario, Ll V 6K7
21 February 2007
Dear Ms. Bentley:
Re: Peer Review for Heritage Permit Application (HP A 001106) -No. 325
Whitevale Road, City of Pickering.
Unterman McPhail Associates was retained by the City of Pickering as the Heritage
Consultant to complete a Peer Review of the Heritage Permit Application HP A 001/06.
Further to our review of the file documents supplied by the City of Pickering we offer the
following comments as requested. The open lot property at No. 325 Whitevale Road
exists within the delineated boundary of the OHA Part V designated Heritage
Conservation District of the Hamlet of Whitevale.
The package of information supplied by the municipality contained a number of pertinent
documents including:
· the background Report to Executive Committee, Report Number: CS 04-07, dated
January 22, 2007;
· the Heritage Permit Application dated July 10, 2006;
· correspondence from the applicant CIMAS Construction Limited;
· email between Heritage Pickering and the applicant;
· the June 1,2006 Heritage Pickering's plan review letter for No. 325 Whitevale
Road; and,
· a set of proposed design/construction drawings prepared for the applicant by
Forum Architect Corporation.
The Heritage Permit Application process was initiated by the Applicant for the purpose
of the construction of a new residential building on an open lot located in the southeast
corner of Whitevale Road and Altona Road. The Applicant's package included a set of
proposed design drawings dated January 2006. The drawings show the site plan with the
building footprint, exterior elevations, massing, roof plan, walling type, cross section and
floor plans, and wooden porch detailing and door and fenestration design. The drawing
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Heritage Permit Application HPA 001/06
2
set received by our office did not show the replacement of round and half round windows
as mentioned in the July 5, 2006 correspondence from CIMAS Construction Ltd. to the
City Clerk.
The Applicant indicates in the same correspondence to have read the Whitevale Heritage
Conservation District Guide stating the guide uses terms such as "should" or "should be
avoided" or "is recommended" in discussing proper approaches to design within the
Heritage Conservation District. Further the Applicant mentions the discussions with
Heritage Pickering were "confusing and anything but helpful".
The Chair of Heritage Pickering, Pam Fuselli prepared a letter report dated June 1,2007,
reviewing the proposed design and determined the submission did not comply with the
Whitevale Heritage Conservation District Guide section 5.4 New Buildings under
guidelines, 5.4.1, to 5.4.7 and 5.4.9, 5.4.11 and 5.4.12.
Review Comments
The site is located on the western gateway to the hamlet. Any new structure in this
location will playa significant role in establishing the setting of place within this historic
community. With this in mind the following comments are offered regarding new
construction.
· New building design should be sympathetic to the context and character of the
existing built form.
· New buildings should try to demonstrate that they are a product of the present
period of development either in material type, design or method of construction.
· New buildings must be considerate of community guidelines created to encourage
new built form.
· New construction should enhance the context rather than detract from it.
Therefore the following observations on the proposed design are offered on the drawings
submitted with the application.
· The height of the proposed residence is higher than the predominant and existing
adjacent properties as well as nearby properties in the west section of the hamlet.
· The large size of the building footprint is not consistent with the existing built
heritage form in the hamlet.
· The roof plan is more complex than surrounding structures found in the hamlet.
· The garage projects forward from the front elevation wall of the main building
making the element a prominent design feature.
· The design does include vertical wood window and door types that are consistent
with the shape of windows and doors found in the hamlet.
· The use of board and batten exterior cladding is a sympathetic building material.
· The proposed round and half round windows will be eliminated from the design
according to the Applicant's correspondence dated July 5, 2006.
· The porch detailed in wood is a sympathetic design element.
· The review of the process based on the Executive Report and correspondence
from the Applicant and Heritage Pickering indicates the consultation and
application process did not function properly resulting in an agreed design
Unterman McPhail Associates
February 21,2007
Heritage Permit Application HPA 001/06
3
" 5 ..
L' J..
concept that meets in a constructive manner with the municipal guidelines.
Although the Applicant appears to have sought due process through consultation
in a manner consistent with the Permit Application process and a Heritage
Committee review in a timely manner, these actions did not occur. The result is
the submitted proposed design from the Applicant.
Recommendations on the Proposed Design
Before approval of the Permit Application consideration should be given to separating
the garage from the front elevation. The garage should be either a stand-alone structure,
which would reduce the footprint and allow the front fa~ade with wooden porch to be the
dominant character when viewed from the street, or placed to the rear of the building on
the east elevation.
When the proposed design is accepted the following information should be required from
the Applicant.
· A description and sample of the asphalt roofing style/type and colour to
accompany the permit application documentation.
· A wood window and door schedule to accompany the permit application
documentation.
· Detail drawings of the porch roof, decorative wood detailing, posts, stairs,
railings and handrails to accompany the permit application documentation.
· A landscape plan showing the site context to be included with the permit
application documentation. Some vegetative screening along the western property
line will aid in enhancing the site and the viewscape when driving east along
Whitevale Road and north from Altona Road.
Furthermore, it is recommended that the City of Pickering consider a timely review of the
Whitevale Heritage Conservation District Guide in order to revise the existing guidelines
and process to make it consistent with new provisions of the Ontario Heritage Act, the
Ministry of Culture's Standards and Guidelines and new Provincial Policy Statement.
New guidelines should be developed to assist in the review of new
infill construction and additions within the hamlet. The Heritage Permit Application
and Heritage Committee review process should be transparent and timely and committee
reports should be filed using consistent language.
We trust this review is satisfactory. If you have questions, please contact our office.
Regards
UNTERMAN McPHAIL ASSOCIATES
$dwJ~L[~
Richard Unterman, M.A., CAPHC
Unterman McPhail Associates
February 21, 2007
CiuJ 0#
REPORT TO
COUNCIL
Report Number: CS 13-07
Date: March 19, 2007
From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Cash Position Report as at December 31,2006
Recommendation:
That Report CS 13-07 from the Director, Corporate Services & Treasurer be received
for information.
Executive Summary: The attached schedules provide the City of Pickering's cash
position, continuity of taxes receivable, outstanding investments, development charges
collected and other development contribution information for the six months ended
December 31,2006.
Financial Implications: The cash position of the Corporation for six months ended
December 31, 2006 was a net decrease in cash of $1,116,987 to $2,762,822. Sources
of Funds totalled $115,201,606 and Use of Funds totalled $116,318,593.
Background: This report presents a six-month period of activity ending December
31,2006. The discussion below describes the purpose and the information contained in
each of the attached schedules.
Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for
the second half of 2006. Subcategories have been identified to highlight those cash
transactions that are significant in nature or large dollar value transactions for the City
of Pickering. This schedule summarizes the decrease in cash of $1,116,987 over last
six months. The 2006 year end balance is approximately $220,000 more than 2005.
Year to year periodical comparisons may not be useful due to timing of receipts and
disbursements. In addition, year end cash balances are set to meet cash flow
requirements early in the following year.
Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions
from July 1 to December 31, 2006 and provides the outstanding taxes receivable as at
December 31, 2006. This balance represents all three levels of taxes billed, such as
City, Region and School Boards. Year end amount receivable has increased over the
Report CS 13-07
Date: March 19,2007
Subject: Cash Position Report as at December 31,2006
Page 2
C. ~
. ;J' t
past several years but may vary where due dates and amounts for supplementary
billings change from year to year.
Arrears for the current year of $6.0 million is approximately 4.2% of the $143.4 million
total taxes billed in 2006. Total outstanding balance of $11.8 million is approximately
8.2% of the $143.4 million total taxes billed in 2006. The 2006 year end balance is
approximately $1.0 million higher than 2005. Municipal budgetary increases have
translated into higher taxes billed which in turn resulted in an increase in property taxes
receivable.
Outstandinq Investments: Attachment 3 reflects the short-term and long-term
investments for both the Current Fund and the Reserve Funds outstanding as at
December 31, 2006. There has been a steady increase in investments over the past
few years primarily as a msult of excess funds that are on hand due to pending
assessment appeal and timing of collection and remittance of development charges
and supplementary taxes.
The year end investment portfolio balance of $51.1 million plus internal loan of $5.1
million for a total of $56.2 million is up from $48.9 million in 2005 and $41.1 million in
2004.
Development Charqes Collected: Attachment 4 indicates the total development
charges for the City, Region and School Boards, as the City is responsible for collecting
development charges on behalf of all levels of government. The total amount collected
of $1,150,473 agrees with the balance indicated under Sources of Funds on
Attachment 1. However the remittance of development charges to the Region and
School Boards indicated under the Use of Funds is different than the total collected on
Attachment 4. This variance is a result of timing differences because payments to the
Region and School Boards are due 25 days following the month collected.
Other Development Contributions: Attachment 5 is provided to show other significant
development contributions that have been received.
The balance of the tables shows multi year receipts. 2006 collections of the City
portion of development charges are up over 2005 but are significantly lower than in
prior years. This decline in collections reflects the minimal growth the City experiences.
In addition, building permits issued decreased by 34 units from 610 in 2005 to 576 in
2006 resulting in an equivalent decrease in revenue.
Report CS 13-07
DatE3: March 19,2007
Subject: Cash Position Report as at December 31, 2006
L-\ ~ /'
; V":t
Attachments:
Page 3
1 . Statement of Cash Position
2. Continuity of Taxes Receivable
3. Outstanding Investments
4. Statement of Development Charges Collected
5. Other Development Contributions
6. City Portion of Development Charges Collected 2003 - 2006
7. Building Permits Issued 2000 - 2006
8. City Portion of Development Charges Collected 1991-2006
Prepared By:
Approved I Endorsed By:
iJ /1"
d!I~ {'n jJ. (,p..fd~-tI?L--
Dennis P. Arboleda
Supervisor, Accounting Services
o#,.....':~..,.""::~:.} ~"""':I'"....<,j
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_~:::._~t~.;~~::?"'"""'"~:......
Gillis A. Paterson
Director, Corporate Services & Treasurer
GAP:da
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Counc"J
/ ,",,-
.....,.._.....'m""./~./
:/ / /,(/'
.,' T!)6in~"J. Quinn, I MR. C
Chief Administrative Officer
, '
it 1.._."",7"0 REPORT # C'S..(~-07
City of Pickering
Cash Position Statement
for six months ending December 31, 2006
n ,..
\...' ~
Sources of Funds:
Accounts Receivable collected $ 544,988
Development charges collected 1,150,473
Operating 29,093,508
Grants-in-lieu:
Federal 1 ,669,539
Provincial 1,557,123
Ontario enterprises 5,690,963
Municipal enterprises 1,356,324
Linear Properties 1,704,639
Federal specific grants 24,099
Ontario specific grants 159,786
Interest Income 1,383,322
Sale of land -
Tax payments received 70,866,842
POA Revenue -
Total $ 115,201,606
Use of Funds:
Operating and Capital Expenditures $ 40,658,176
Payroll 14,373,076
Region Levy 39,067,337
Regional portion of Dev. Charges 666,045
School Board Levies 20,302,007
School Board portion of Dev. Charges 78,995
Debenture payment to Region 1,039,619
APTA Funding 133,338
Total $ 116,318,593
Net Cash Increase (Decrease) $ (1,116,987)
FINANCIAL POSITION
Bank Balance Net Cash Bank Balance
July 1,2006 Provided (Used) December 31, 2006
Current Fund $ 3,879,809 $ (1,116,987) $ 2,762,822
TOTAL $ 3,879,809 $ (1,116,987) $ 2,762,822
J
Note: Includes City, Region and School Boards
Cash Position 2nd half 2006NET CHANGES
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REPORT TO
COUNCIL
Report Number: CS 15-07
Date: March 19, 2007
'"\ 6
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Statement of the Treasurer Respecting 2006 Remuneration and
Expenses of Members of Council and Council Appointees to Boards,
Agencies and Other Bodies
Recommendation:
That Report CS 15-07 of the Director, Corporate Services & Treasurer regarding
Statement of the Treasurer respecting Remuneration and Expenses of Members of
Council and Council Appointees for the year 2006 be received.
Executive Summary: Section 284(1) of the Municipal Act 2001 states in part that
the Treasurer of every municipality shall, in each year, submit to the Council of the
municipality, an itemized statement of the remuneration and expenses paid to each
Member of Council. The statement must also include remuneration and expenses paid
to any other person who has been appointed by Council to serve as a member of any
body.
Financial Implications: None
Sustainability Implications:
sustainability.
This report contains no information pertaining to
Background: Over the last few years this report has evolved to include various
categories of expenditures that have been interpreted to be required under the new
Municipal Act and/or financial reporting requirements of the Province of Ontario or
professional accounting bodies.
The reference in the Act to "...expenses paid...to ..." has been interpretated to also
include expenses paid on b€!half of a Member of Council or appointee. For example,
assume two Councillors incur the same registration expense to attend the same
conference. One puts it on his charge card and seeks reimbursement from the City
while the other has the City billed directly. There should be no difference in the
Report CS 15-07
Date: March 19, 2007
Subject: Statement of the Treasurer Respecting 2006 Remuneration
and Expenses of Members of Council and Council Appointees
(} 6 ,::10 Boards, Agencies and Other Boards
Page 2
reporting treatment due to the method of payment and this interpretation will
accomplish that. It also complies with what I believe is the intent of the legislation. The
report excludes expenditures that are corporate in nature, for example school awards,
promotional items and photography, and that are not directly associated with any
individual Councillor. Council receptions, Committee meeting expenses and City Hall
administration and overhead expenses are also excluded.
Payments made by Veridian Corporation to Pickering Council appointees to the Board
have been included. This comes about as a result of a review of the Act and enquiries
made to Veridian and its legal counsel. While the Act refers to expenses paid, it is
silent as to paid by whom. Furthermore, the Act also stipulates that any body to whom
a Council appointment is made must provide the municipality with a statement of
remuneration and expenses paid for the year. This has been interpreted to mean that
this information must be included in the Treasurer's report to Council.
Several other bodies to which Council makes appointments have also been included as
an "other body" as required under the Act. However, the many community committees
and groups that Councillors are appointed to have been excluded as, to the best of my
knowledge, no remuneration or expenses are paid.
The amounts paid by the Region of Durham to Regional Councillors are not included in
this report.
Attachments:
1. Remuneration and Expenses of Members of Council
2. Detailed Breakdown of 2006 Expenses
3. Remuneration and Expenses of Council Appointees
4. Remuneration and Expenses Paid by Veridian Corporation to Council Appointees
Report CS 15-07
Date: March 19,2007
Subject: Statement of the Treasurer Respecting 2006 Remuneration
and Expenses of Members of Council and Council Appointees
to Boards, Agencies and Other Boards
Page 3
l'\ 6"'~"
, ,,)
Prepared By:
Approved I Endorsed By:
')
C'j. ......~.:)/"s:'.~
7' )/~ G./'4 ..' \(.../'
Avril Payne
Audit Analyst v
---::;6---Q~:.
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.......p....,~~~-~ -- '~. ~~~ - ->_"'",;..-.,...~.,,;.~,:-.,..,.-- -_...~,'~~.;"-.-.",.~
-
Gillis A. Paterson
Director, Corporate Services & Treasurer
GAP:ap
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
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STATEMENT OF TREASURER
COUNCIL APPOINTEES
2006 REMUNERATION AND EXPENSES
Remuneration Expenses (7) Total
$ $ $
Committee of Adjustment (1)
K. Ashe (6)
M. Billinger (5) 1,280 1,032 2,312
C. Braney (5) 1,040 107 1,147
D. Johnson (8) 1,280 71 1,351
S. Kular (6)
E. Newton (8) 960 36 996
B. Utton (5) 1,040 121 1,161
K. Wilkinson (6)
5.600 1.367 6.967
Fenceviewers/Property
Standards Committee (2, 4)
K. Bannister (6)
A. Burtney (8)
G. Fernandes (8)
R. Fleming (8)
M. O'Connor (8)
P. Scott (5)
80
80
80
36
80
116
80
240
36
276
Livestock Valuers (3)
J. Laider (8,10)
S. Wideman (5)
400
19
419
400
=- 19
419
ACHr1Ej\JT:#, ,_~TO REPORT#...c:.s.<JS""-- iJ7
STATEMENT OF TREASURER
COUNCIL APPOINTEES
VERIDIAN CORPORATION BOARD OF DIRECTORS
2006 REMUNERATION AND EXPENSES
'~ 6 '.'
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Remuneration Expenses (4) Total
$ $ $
Veridian Corporation (1,2)
Board of Directors (3)
D. Ryan (8) 9,954 25 9,979
M. Brenner (5) 11,250 11 ,250
D. Dickerson (7)
B. McLean (8) 10,254 25 10,279
D. Pickles (8) 9,954 9,954
S. Trepanier (6,9) 9,954 5,673 15,627
51.366 5.723 57.089
NOTES TO VERIDIAN CORPORATON BOARD OF DIRECTORS:
(1) The above information was provided by the Vice President, Corporate Affairs,
Veridian Corporation.
(2) Remuneration and eXpE3nSeS are paid by Veridian Corporation as may be
established by the Board of Directors. The term of office for the Board follows the
calendar year therefore, the above expenses are for 12 months ending December
31,2006.
(3) Appointed by Council under City of Pickering By-law 6213/06.
(4) Expenses include conferences, meals and mileage.
(5) Appointed by Resolution #107/04 to replace Councillor Holland. Includes
remuneration for appointment as Vice Chair.
(6) Council appointees for term ending November 30, 2006
(7) Council appointees for new term commencing December 1, 2006
(8) Continuing member
(9) The citizen appointment for new term commencing December 1, 2006 is deferred
pending submission of names for nomination by Veridian Corporation.
,., rAi'
l' (' ; Q
, 1-,
Remuneration
$
Expenses (7)
$
Total
$
Pickering Public Library Board (3)
K. Ashe (5)
O. Chaudhry (8,9)
K. Cummings (5)
J. Duncan (5)
P. Irwin (8)
B. Littley (6)
J. Lucas (8)
B. McLean (5)
J. O'Connell (6)
J. Sabean (6)
P. Savel (8)
S. Van Steen (6)
H. Van Leeuwen (8)
10
10
285
_295
285
295
NOTES TO COUNCIL APPOINTEES:
All payments are authorized under Council's adoption of the 2003 Current Budget.
(1 ) Authority: By-law 5242/98
Municipal Act, 2001 Section 283
(2) Authority: By-law C-1
Municipal Act, 2001 Section 283
(3) Authority: By-law 6213/06
Municipal Act, 2001 Section 283
(4) Authority: By-law C-1
Building Code Act Section 15.6
(5) Council appointees for term ending November 30, 2006
(6) Council appointees for new term commencing December 1, 2006
(7) Expenses include conferences, travel and meeting expenses
(8) Continuing member
(9) By-law #6532/05 O. Chaudhry to replace K. Rathee
(10) By-law #6597/05 J. Laider to replace A. Singh
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March 19, 2007
BY-LAWS
6745/07 Being a by-law to appoint By-law Enforcement
Officers for the purpose of enforcing parking
restrictions on private property. (By-law attached)
6746/07 Being a by-law to govern the proceedings of Council,
any of its committees, the conduct of its Members,
and the calling of meetings. (Implements the
Procedure By-law as presented at the Council
Strategy Session on February 9, 2007. By-law
attached)
.
THE CORPORATION OF THE CITY OF PICKERING
'\. 7 r~",
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~.-
BY-LAW NO. 6745/07
Being a by-law to appoint By-law Enforcement Officers for the Purpose of
Enforcing Parking Restrictions on Private Property
WHEREAS pursuant to section 15(1) of the Police Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. That the following persons be hereby appointed as municipal law enforcement
officers in and for the City of Pickering in order to ascertain whether the
provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the
said By-law and are hereby authorized to enter at all reasonable times upon
lands municipally known as:
a) DCC 155-134 Altona Road, Units 1-20, 650 Kingston Road, 705 Kingston
Road, 1915 Denmar Road and 1370 Fieldlight Blvd.
Mats Johanssa
Allyson Peacock
Paul Smith
Roy Warren
Michael Graham
Bradley Berezowski
Dennis John
Jeyachchandran Manikasingham
Richard T orraville
Larry Putnam
William Brulotte
George Treschak
Everton Collington
b) 928 Liverpool Road
Mark Van House
2. The authority granted in section 1 hereto is specifically limited to that set out in
section 1, and shall not be deemed, at any time, to exceed the authority set out in
section 1.
3. These appointments shall expire upon the person listed in section 1 (a) ceasing to
be an employee of Knights on Guard or upon Knights on Guard ceasing to be
agents for DCC 155-134 Altona Road, Units 1-20, 650 Kingston Road, 705
Kingston Road, 1915 Denmar Road and 1370 Fieldlight Blvd whichever shall
occur first or upon the persons listed in section 1 (b) ceasing to be associated
with the Peace Lutheran Church at 925 Liverpool Road.
Bv-Iaw 6745/07 (Continued)
Page 2
n""','0
'- oJ
4. The provisions of this by-law shall come into force and take effect on the day of
the final passing thereof.
BY-LAW read a first, second and third time and finally passed this 19th day of March,
2007.
David Ryan, Mayor
Debi Bentley, City Clerk
CORPORATE SERVICES DEPARTMENT
C 7 :1 CLERKS DIVISION
MEMORANDUM
March 14,2007
To:
Debi A. Bentley
City Clerk
From:
Linda Roberts
Committee Coordinator
Subject:
Procedural By-law
- Updated to Reflect Municipal Act Provisions
File: A-2100
Further to the Council Strategy Session held on February 9, 2007, the Procedural By-
law is hereby presented for approval by Council.
The by-law also reflects the changes to the Governance Structure as approved on
February 19, 2007.
A copy of By-law 6746/07 is attached for presentation at the March 19, 2007 meeting of
Council, as per Council direction.
~ /<e6P--cA
Linda Roberts
THE CORPORATION OF THE CITY OF PICKERING
07/5
BY-LAW 6746/07
Being a by-law to govern the proceedings of Council, any of its
committees, the conduct of its Members, and the calling of
meetings.
Whereas, Subsection 238(2) of the Municipal Act, 2001, S.D. 2001, c.25, provides that
every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
DEFINITIONS
1. In this By-law;
a) "Act" means the Municipal Act, S.D. 2001, c.25, as amended or re-
enacted from time to time;
b) "Chair" means sLlch Councillor as may be delegated for the purpose of a
Standing Committee and in the case of Advisory Committee, means the
Chair of the Advisory Committee appointed in accordance with the terms
of reference for the Advisory Committee;
c) "Chief Administrative Officer" means the Chief Administrative Officer of the
City of Pickering;
d) "Clerk" means the Clerk of the City of Pickering;
e) "Committee" means Committees including Standing Committees, Ad-Hoc
Committees and Advisory Committees, which may be appointed by
Council from time to time;
f) "Council" means the Council of the City of Pickering;
g) "Mayor" means the Mayor of the City of Pickering'
h) "Meeting" means any regular, special, committee or other meeting of
Council and advisory committee;
i) "Member" means a member of the Councilor Committee.
By-law 6746/07
Page 2 of 20
j)
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k)
"Recorded Vote" means the making of a written record of the name and
the vote of each Member who votes on a question;
"Rule of Procedure: means the rules and regulations which are set forth in
th is by-law;
I)
"Substantive Motion" means any motion except one of the following:
i) to refer;
ii) to defer/postpone;
iii) to amend;
iv) to table the question;
v) to recess;
vi) to put the question;
vii) to reconsider;
viii) to adjourn;
ix) to divide.
APPLlCA TION
2. The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and shall be the rules of order and dispatch of business
in Council and, where applicable in a Committee. In the case for which provision
is not made in this By-law, the procedure to be followed shall be determined by a
majority vote of the Members present and voting.
MEETING OF COUNCIL
3. First Meetinq
a) The first meeting of Council shall be held on the first Monday after Council
takes office pursuant to the Municipal Elections Act;
b) The order of business for the first meeting of Council shall be as follows:
i) Call to Order
ii) Invocation
iii) Swearing in ceremony
iv) Inaugural address
v) Adjournment.
4. Reqular Meetinqs
All regular meetings of the Council shall be held on the third Monday of each
month at the hour of 7:30 p.m. unless otherwise provided by resolution of the
Council or unless such a day shall be a public or civic holiday in which case the
Council shall meet at the same hour on the next following day, which is not a
public or civic holiday, unless otherwise provided by resolution of the Council.
By-law 6746/07
Page 3 of 20
077
5. Special Meetinqs
a) In addition to re~}ular meetings, the Mayor may at any time summon a
special meeting of Council by giving written direction to the Clerk stating
the date, time and purpose of the special meeting;
b) Upon receipt of a petition of the majority of the Members of Council, the
Clerk shall call a special meeting for the purpose and at the time and date
mentioned in the petition;
c) The Clerk shall give all Members notice of a special meeting of Council
twenty-four hours before the time appointed for such meeting. Notice will
deem to have been given on the day that the Notice was delivered by
electronic mail address provided by the Member of Council to the Clerk for
delivery of Notices, and in default of provision of such address, to the
member's City Hall office;
d) The notice to be given under clause c) shall indicate the nature of the
business to be considered at the special meeting, date, time and place of
the meeting;
e) No business other than that indicated in the notice shall be considered at
the special meeting.
6. Place of Meetinqs
All regular meetings of the Council shall be held in the Council Chambers at the
City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless
otherwise decided by Council.
7. Meetinq Called To Order:
The Mayor, as soon after the hour is fixed for the holding of the meeting of the
Council and if a quorum is present, shall take the Chair and call the meeting to
order.
8. Absence of Mayor:
a) If the Mayor does not attend within fifteen minutes after hour is fixed for
the holding of the meeting of the Council and if a quorum is present, an
Acting Mayor who has been appointed to this position by by-law shall
preside over the meeting and have the same authority as the Mayor would
have had if present.
b) When the Mayor and Acting Mayor are absent or refuse to act, the Council
may by resolution appoint one of its members to act in the place and stead
By-law 6746/07
Page 4 of 20
..., ,.),.., of the Mayor and Acting Mayor, and such Member shall have the same
L' I b authority as the Mayor.
9. Quorum
If a quorum is not present one-half hour after the time appointed for a meeting of
the Council and/or Committee, the Clerk shall record the names of the Members
present and the meeting shall stand adjourned until the next meeting.
COMMITTEES
10. a)
There shall be a Planning & Development Committee and an Executive
Committee, to be considered as Standing Committees for the purposes of
this By-law, to be organized as follows:
i) The Planning & Development Committee and the Executive
Committee shall be comprised of all Members of Council.
ii) The Planning & Development Committee shall meet on the first
Monday of each month at 7:30 p.m. in the Council Chambers.
iii) The Executive Committee shall meet on the second Monday of
each month at 7:30 p.m. in the Council Chambers.
iv) The Chair of the Committee shall be rotated each meeting amongst
the Members of Council, excluding the Mayor, in alphabetical order.
v) The Planning & Development Committee and the Executive
Committee shall enquire into and report to Council on any matter
within the jurisdiction of the City of Pickering any other matter
referred to it by Council.
11. Notwithstanding Section 10 of this By-law,
(a) Council may consider any matter without referring it to a Committee or
may refer it to two or more Committees and may withdraw a matter from a
Committee at any time.
(b) Council may at any time appoint a special or ad hoc Committee to enquire
into and report on any matter.
12. The rules of procedure set out in this By-law shall be observed in meetings of the
Committees insofar as they are applicable, provided that,
(a) a recorded vote shall not be taken on a question before a Committee;
By-law 6746/07
Page 5 of 20
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(b) the rules in reSpE!ct to the introduction of new business in Council and the
hearing of delegations shall apply to Committees unless otherwise
decided by the Committee;
(c) persons that are present at a Standing Committee meeting to speak to a
matter that is a statutory public meeting are not required to register as a
delegation. All other members of public who wish to address the
Committee are to register with the Clerk by no later than 4:00 pm on the
day of the subject meeting.
(d) the agendas, minutes and any written notices pertaining to any Standing
Committee shall be sent to all Members of Council.
(e) a report, setting out the recommendations of the Committees, shall be
forwarded to the first regular Council Meeting following the meeting of the
Committee.
(f) Special Meetings of the Standing Committees,
(i) May be called by the Mayor on condition that the Committee does
not meet while Council is meeting.
(ii) May be called by the Mayor when requested to do so by a majority
of Members of Council.
(iii) Written notice of a Special Meeting of a Committee must be given
to all Members of Council at least twenty-four hours before the time
appointed for such meeting. Notice will deem to have been given
on the day that the Notice was delivered by electronic mail address
provided by the Member of Council to the Clerk for delivery of
Notices, and in default of provision of such address, to the
member's City Hall office;
(iv) The written notice to be given under clause (iii) shall indicate the
nature of the business to be considered at the Special Meeting and
the date, time and place of the Meeting.
(v) No business other than that indicated in the written notice shall be
considered at the Special Meeting.
g) All Advisory Committees of Council are required to adhere to the general
terms of reference for all advisory committees and at the first meeting
following a general municipal election, are required to adopt and approve
the specific terms of reference for the committee and forward to Council
for approval by no later than March following a municipal election.
By-law 6746/07
Page 6 of 20
C8~J
All advisory committees are required to present a yearly work plan and
annual report on the status of the work plan to Council.
ORDER OF BUSINESS
13. a)
The order of business for the regular meetings of Council shall be as
follows:
i) Meeting Called To Order
ii) Invocation
iii) Minutes of Previous Meetings
iv) Presentations
v) Delegations
vi) Correspondence
vii) Committee Reports
viii) New and Unfinished Business
ix) Motions and Notices of Motion
x) By-laws
xi) Confidential Council
xii) Confirmation By-law
xiii) Adjournment
b) All business shall be taken up in the order in which it appears on the
agenda unless otherwise decided by a vote of the majority of the Members
present and voting.
c) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is:
i) the security of the property of the City;
ii) personal matters about an identifiable individual, including
employees of the City;
iii) a proposed or pending acquisition of disposition of land for City
purposes;
iv) labour relations or employee negotiations;
v) litigation or potential litigation, including matters before
administrative tribunals, affecting the City;
vi) the receiving of advice that is subject to solicitor-client privilege,
including communications necessary for that purpose;
vii) a matter in respect of which Council may hold a closed meeting
under another Act.
By-law 6746/07
Page 7 of 20
14. Duties of the Mavor:
081
It shall be the duty of the Mayor to,
a) expel or exclude from any meeting any person who has been guilty of
improper conduct at the meeting,
b) announce the business before the Council in the order of which it is to be
acted upon,
c) put to vote all questions, which are regularly moved and seconded, or
necessarily arise in the course of the proceedings, and to announce the
result,
d) decline to put to vote motions which infringe the rules of procedures,
e) restrain the members, when engaged in debate, within the rules of order,
f) to open the meeting of Council by taking the Chair and calling the
Members to order,
g) to enforce on all occasions, the observance of order and decorum among
the Members,
h) to call by name, any Member persisting in breach of the rules and
regulations of the Council, thereby ordering the Member to vacate the
Council Chamber,
i) to authenticate by signature, when necessary, all by-laws, resolutions and
minutes of Council,
j) to inform the Members of Council on any point of order,
k) to perform other duties when directed to do so by a resolution of Council,
I) to represent and support Council, declaring its will and implicitly obeying
its decisions,
m) to adjourn the meeting when the business is concluded, and
n) to adjourn the sitting without the question being put or to suspend or
recess the sitting for a time to be named if considered necessary because
of grave disorder.
0) to make presentations to any charity, organization, government, or person,
on behalf of Council, at a proceeding of Councilor its committees. Where
By-law 6746/07
Page 8 of 20
'\ t"~ a presentation is made to an organization or charity on which a Member of
C' 8 ,;. Council has been appointed to sit, the presentation shall be jointly made
with the Mayor and the appointed Member of Council. Where otherwise
appropriate, presentations may be made jointly with another member or
members of Council.
p) to accept presentations to the City of Pickering, carried out at a
proceeding of Councilor its committees. Where a presentation is
accepted from an organization or charity on which a Member of Council
has been appointed to sit, the presentation shall be jointly accepted with
the appointed Member of Council. Where otherwise appropriate,
presentations may be accepted jointly with another member or members
of Council.
q) to recite the Invocation.
RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL
15. Decorum Durinq Debate:
During debate, and while the Chair is speaking, or the Council is engaged in
voting, no Member is permitted to disturb the Council by whispering, or walking
across the floor, or in any other way.
16. Recoqnition of Member
Every Member shall raise their hand and be recognized by the Chair prior to
speaking to any matter or motion.
17. Order of Speakers
When two or more Members raise their hands to speak, the Chair shall designate
the Member who has the floor who shall be the Member who, in the opinion of
the Chair, raised their hand first.
18. Requirement to Vote
When a motion is put, every Member present at a meeting shall vote unless they
have a conflict of interest. If a Member refuses to vote, the Member shall be
deemed to have voted in the negative.
19. Decorum While Callinq Vote
When the Chair calls for the vote on a motion, each Member shall occupy their
seat and shall remain in their seat until the result of the vote has been declared
by the Chair, and during such time no Member shall cross the floor or speak to
any other Member or make any noise or disturbance.
By-law 6746/07
Page 9 of 20
20. Interruptions
Q83
When a Member is speaking, no other Member shall pass between the Member
and the Chair or interrupt except to raise a point of order.
21. Requirement to Read Motion
Any Member may require a motion under discussion to be read at any time
during the debate but not so as to interrupt a Member while speaking.
22. Speakinq to a Motion
a) No Member shall speak more than once to the same motion except,
i) with leave of the Chair, in explanation of a material part of their
speech which may have been interpreted incorrectly,
ii) with leave of the Chair, after all other Members so desiring have
spoken,
iii) a reply may be allowed by leave of the Chair to the Member who
presented the motion, in which case the Member shall speak for no
longer than a five minute period.
b) Except with the leave of the Chair, no Member shall speak longer than ten
minutes to the motion before Council.
23. Questioninq the Motion
a) A Member may ask a question during the course of debate only for the
purpose of obtaining information relating to the motion under discussion
and such question must be stated concisely and asked only through the
Chair.
b) Notwithstanding paragraph (a) above, when a Member has been
recognized as the next speaker, such Member may immediately before
speaking ask a question through the Chair on the motion under discussion
but only for the purpose of obtaining information, following which the
Member shall speak.
24. Proceedinqs Decided bv Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal to Council on a point of order.
By-law 6746/07
Page 10 of 20
(184
POINTS OF ORDER AND PRIVILEGES
25. Questions of Order
The Chair shall preserve order and decide questions of order.
26. Rules For Risinq on Points of Order and Privileqe
a) When a Member rises on a point of order, the Member shall ask leave of
the Chair to raise a point of order and after leave is granted, the Member
shall state the point of order to the Chair and await the decision of the
Chair on the point of order.
b) Thereafter, a Member shall only address the Chair for the purpose of
appealing the Chairs decision to Council.
c) If the Member does not appeal, the decision of the Chair shall be final.
d) If the Member appeals to Council, it shall be done by a duly moved and
seconded motion and Council shall decide the question without debate
and the decision shall be final.
e) When a Member has a question of privilege or considers that their integrity
or the integrity of the Council as a whole has been impugned, the Member
may as a matter of privilege, and with the leave of the Chair, rise for the
purpose of drawing the attention of Council to the matter.
CONDUCT OF MEMBERS OF COUNCIL
27. Respectful Lanquaqe
No Member shall speak disrespectfully of the Reigning Sovereign, or of any of
member of the Royal Family, or of the governor-general, the Lieutenant-
Governor of any Province, of any Member of the Senate, the House of Commons
of Canada or the Legislative Assembly of the Province of Ontario.
28. Unparliamentary Lanquaqe
No Member shall use offensive words or unparliamentary language in or against
Councilor against any Member.
29. Speakinq in Council
No member shall speak on any subject other than the motion being debated.
By-law 6746/07
Page 11 of 20
30. Criticism of Council Decisions
"8 -
e.a
No Member shall criticize any decision of Council except for the purpose of
moving a motion to be reconsidered.
AGENDA IN COUNCIL
31. Minutes
a) The Clerk shall cause minutes to be taken of each meeting of Council,
which shall include:
i) the place, date and time of the meeting;
ii) the names of the presiding officer or officers and the record of the
attendance of the members;
iii) the reading, if requested by a majority of members present and
voting, the correction, if necessary and the adoption of the minutes
of the previous meeting;
iv) all other proceedings of Council without note or comment.
b) It shall be the duty of the Clerk to ensure that the minutes of the last
regular meeting and all special and standing committee meetings held
prior to a regular meeting are included with the agenda and delivered to
each member no later than the Friday preceding the holding of such
regular meeting.
32. Presentations
a) Charities, organizations or individuals wishing to address Council to inform
members of special events or achievements, and to seek Council's
recognition of the event or achievement, shall request the opportunity to
be granted presentation status.
b) The request for presentation status shall be submitted to the Clerk, in
writing, no later than fourteen days preceding the meeting at which the
presentation is to be made.
c) Persons desiring to verbally present information of an urgent nature to the
Council may be heard upon a two-thirds majority vote of the members
present.
33. Deleqations
a) With respect to Meetings of Council, persons desiring to verbally present
information on matters of fact or to make a request before Council may be
heard on leave of Council but shall be limited in speaking not more than
By-law 6746/07
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'" 8 (~en mi~utes and shall notify the Clerk in writing no later than noon of the
l Lprecedlng Thursday of appearing before Council and state the nature of
the issues they wish to address. For matters related to the Standing
Committee that are being presented to Council, delegations may be heard
provided they have first appeared before the appropriate Standing
Committee and a majority of the Members present vote to hear the
delegation. A delegation consisting of more than five persons shall be
entitled to two speakers with each limited to speak not more than ten
minutes.
b) With respect to Meetings of Committees, persons desiring to verbally
present information on matters of fact may be heard on leave of the
Committee but shall be limited in speaking to not more than ten minutes
and shall notify the Clerk no later than 4:00 pm on the day of appearing
before Committee and state the nature of the issues they wish to address.
c) The priority in which delegations shall be considered by council shall be in
accordance with the following:
i) known and listed delegations arranged with the Clerk prior to the
distribution of the agenda. Delegations shall be listed in the
agenda in the order in which requests are received by the Clerk, it
being understood that where more than one person wishes to make
a presentation on a particular matter the proponent or his or her
authorized representative will be listed last in order to afford the
proponent the opportunity of making presentation after all other
interested persons have done so;
ii) persons who, subsequent to the preparation of the agenda and
prior to the commencement of the meeting, apply in writing to the
Clerk to be heard.
34. Correspondence
a) Correspondence intended to be presented to the Council shall be legibly
written or printed and shall not contain any impertinent or improper matter
or language and shall be signed by at least one person and filed with the
Clerk.
b) Any correspondence received shall include electronic mail provided it
includes the computer address and full name of the sender and is
received by the Clerk not later than Thursday noon before the meeting of
the Council.
c) The Clerk shall prepare a summary of the substance of all
correspondence for inclusion in the agenda.
By-law 6746/07
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d)
All correspondence on any subject within the cognizance of a standing
committee shall, on presentation, unless otherwise disposed of by the
Council, be referred to the standing committee.
(\8;"l
35. Committee Reports
Standing committee reports which are to be adopted by the Council shall be
listed under the Committee Reports section of the agenda.
36. New and Unfinished Business
a) Departmental reports which are deemed by the Chief Administrative
Officer to be of an urgent nature, which have not been considered by a
standing committee, shall be listed under the New and Unfinished
Business section of the agenda for Council's consideration.
b) A member may, with the consent of two-thirds of the members present,
introduce a motion under New and Unfinished Business which due to its
urgent nature cannot be properly presented at a meeting of a standing
committee.
37. Notices of Motion
a) A member desiriing to introduce a main motion at a meeting regarding a
matter that would not otherwise be considered by the Council at such
meeting, shall dl3liver a written copy of the motion, signed by the mover
and seconder, to the Clerk not later than Thursday noon before the regular
meeting of Council at which notice of the motion is to be given.
b) The Clerk, upon receipt of a notice of motion, shall print the motion in full
in the agenda for the next regular meeting of the Council.
c) A notice of motion shall not be considered or otherwise disposed of by
Council at the mgular meeting at which it is first introduced but may be
considered or otherwise disposed of at any subsequent meeting of the
Council provided the mover of the motion is in attendance at the meeting.
d) Any member of the Council may agree to second a notice of motion if the
seconder is absent from the meeting.
e) A notice of motion that is called for by the Mayor at two (2) meetings of the
Council and has not been proceeded with shall be removed from the
agenda unless otherwise directed by Council.
By-law 6746/07
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38. By-laws
Page 14 of 20
a) The Mayor shall introduce the reading of the by-laws, and shall request a
motion for the first and second reading of the by-Iaw(s) under
consideration.
b) The first reading of a by-law shall be decided without amendment or
debate.
c) Every by-law shall have three readings prior to being passed by Council.
d) Every by-law when introduced, shall be in typewritten form and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provisions of any Act which shall be
complete with the exception of the number and date of the by-law.
e) Every by-law which has been passed by the Council shall be numbered,
dated and shall be sealed with the seal of the Corporation and signed by
the Mayor and the Clerk and shall be deposited by the Clerk in his/her
office for safekeeping.
39. Confirmatory By-law
At the conclusion of all regular and special meetings of the Council, and prior to
the adjournment, a by-law shall be brought forward to confirm the actions of the
Council in respect of each motion, resolution and other action taken subsequent
to the last regular Council meeting. A confirmatory by-law, when introduced,
shall be taken as having been read and shall be voted on without debate.
40. Adiournment
The Council may adjourn upon a motion, which is non-debatable, approved by
the majority of members present, the meeting shall adjourn.
MOTIONS
41. Secondinq
A motion must be formally seconded before the Chair can put the question or for
it to be recorded in the minutes.
42. Withdrawal
After a motion is read or stated by the Chair, it shall be deemed to be in
possession of Council, but may, with the permission of Council, be withdrawn at
any time before decision or amendment.
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43. Priority of Disposition
A motion properly before Council for decision must be disposed of before any
other motion or matter can be introduced with the exception of anyone of the
following:
a) a point of order or personal privilege
b) to table
c) to divide
d) that the question be now put
e) to refer
f) to defer
g) to amend
h) to suspend any section of the Rules of Procedure
i) to recess
j) to adjourn
44. Deferral Motions
A motion to defer to a certain day or for a particular reason shall be in order after
a motion is read or stated by the Chair and debate shall be confined to the
propriety of the deferral.
45. Amendments
A motion to amend,
a) shall be presented in writing if requested by the Chair,
b) shall be relevant to the original motion,
c) a motion to amend an amending motion shall be disposed of by Council
before the motion to amend the original motion,
d) only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion,
e) shall be disposed of by Council before the original motion,
f) shall not be receiived if it proposes a direct negative to the original motion.
46. Vote on the Question
A motion that a vote on the question be now taken;
a) cannot be amended or debated,
By-law 6746/07
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cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the amending motion
be put,
c)
when resolved in the affirmative, the original motion is to be put forward
without debate or amendment,
d)
can only be moved in the following words: "That the question be now put"
or "Call the question".
e)
a motion 'that the question be now put' requires a two-thirds vote of the
Members present.
47. Adiournment
A motion to adjourn,
a) shall always be in order except as provided in this section and shall be put
immediately without debate,
b) when resolved in the negative, cannot be made again until after some
intermediate proceedings shall have been completed by Council,
c) is not in order when a Member is speaking nor during the verification of a
vote,
d) cannot be amended,
e) is not in order immediately following the affirmative resolution for the
previous question.
48. Privileqe
A motion on a matter of privilege shall receive disposition of Council upon receipt
and, when settled, the question so interrupted shall be resumed at the point
where it was suspended.
49. Reconsideration:
a) After a substantive motion has been decided, any Members who voted or
are deemed to have voted thereon in the majority, may at any time prior to
adjournment of the meeting at which such substantive motion was
decided, give notice in writing that they will move, at the first meeting held
thereafter, a reconsideration motion.
b) The Council shall immediately upon receipt of such notice, vote as to
whether or not the notice will be considered at the first meeting held
By-law 6746/07
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09."
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thereafter, and should the ensuing division result in the minority vote being
less than one-third of those present and voting, such notice for
reconsideration shall be declared lost.
c) After such notice has been given and accepted, no action shall be taken to
carry into effect the original motion until after the motion to reconsider has
been disposed of at the next regular meeting or a special meeting called
consider the accepted notice.
d) Every motion for reconsideration considered at a subsequent meeting
shall be declared lost, unless passed with the majority of the Members of
Council present and voting.
e) No discussion of the original motion shall be allowed upon presentation of
a notice for reconsideration or upon an accepted notice for reconsideration
or upon the motion to reconsider until the Council has voted to reconsider
the same, but the Member giving such notice may have the privilege of
stating the reasons for doing so.
f) No motion upon which a notice for reconsideration has been accepted
shall be considered more than once, nor shall a vote to reconsider be
reconsidered.
g) The words "the first meeting held thereafter" in paragraphs (a) and (b)
hereof shall mean the first regular meeting of Councilor a special meeting
called to consider an accepted motion for reconsideration.
50. Referral Motions
A motion to refer or to refer back a motion or matter to a Committee or a member
of staff with instructions may be amended but shall be disposed of by Council
before the original motion or any other motion pertaining to the original motion.
51. Motion to Divide
A motion containing distinct proposals may be divided and a separate vote shall
be taken upon each proposal contained in a motion if decided upon by a majority
vote of the Members prElsent and voting.
52. Motion to Rescind
A motion to rescind a previous resolution of Council requires a majority vote of
the Council provided that notice has been given at the previous meeting or in the
call of the meeting and if notice has not been given, a motion to rescind requires
a two-thirds vote of the Members present and voting.
By-law 6746/07
G9r,
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53. Motion to Table
Page 18 of 20
A Member shall not be allowed to speak to a motion and immediately move a
tabling motion.
54. Neqative Motion
A motion to rescind a defeated motion of Council is not required., and the subject
matter may not be reintroduced or debated in any form without leave of Council
upon a majority vote of the Members present and voting.
VOTING ON MOTIONS
55. Question State
Immediately preceding a vote, the Chair may state the motion in the form
introduced and shall do so if requested by a Member. The Motion shall be stated
in the precise form in which it will be recorded in the minutes.
56. No Interruption After Question
After the Chair has called the vote on a motion, no Member shall speak to the
motion or shall any other motion be presented until, after the vote and the result
has been declared.
57. Vote Not Allowed
A Member shall not be entitled to vote on any part of a divided motion, if the
Member did not vote on the motion to divide.
58. Unrecorded Vote
The manner of determining the decision of Council on a motion shall be by the
prominent show of hands.
59. Disaqreement With Result of Vote
If a Member disagrees with the announcement of the Mayor that a motion is
carried or defeated, the Member may, but only immediately after the declaration
by the Chair, object to the declaration and a recorded vote shall be taken.
60. Recorded Vote of Council
Where a vote of Council is taken for any purpose and a Member requests
immediately prior or immediately subsequent to the taking of the vote that the
vote be recorded, each Member present, beginning with the requester of the
recorded vote and alphabetically thereafter, except a Member who is disqualified
By-law 6746/07
Page 19 of 20
l','1,O'''''
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from voting by any Act, shall announce their vote openly and the Clerk shall
record each vote. The Mayor shall be called upon to vote following all other
Members. If a Member refuses to vote, the Member shall be deemed to have
voted in the negative.
61. Vote of Head of Councilor PresidinQ Officer
The Head of the Council, or the Presiding Officer, except when disqualified to
vote by reason of interest or otherwise, may vote with the other Members on all
questions, and, except where otherwise expressly provided by the Municipal Act,
any question on which there is an equality of votes shall be deemed to be
negative.
62. Two-Thirds Vote
A two-thirds vote shall be deemed to have been accomplished with the following
voting in the affirmative:
five of seven Members
foul' of six Members
three of five Members
three of four Members
63. Vote Not Allowed
A member not in their seat when the question is called by the Chair is not entitled
to vote on that question,
GENERAL
64. RecordinQ of Minutes
a) The Clerk shall record without note or comment all resolutions, decisions
and other proceedings at a meeting of the body, whether it be closed to
the public or not;
The record required in accordance with the Municipal Act shall be made
by:
i) the Clerk, in the case of a meeting of council; or
ii) the appropriate officer, in the case of a meeting of a committee.
65. Public Notification
Public notification shall be deemed to have been given by the posting of the
Councilor Committee agenda on the City website and available for public review
By-law 6746/07
Page 20 of 20
Or9tHe office of the City Clerk by no later than 2 pm on the Friday preceding the
regularly scheduled meeting. For special meetings, notice of the special meeting
shall be posted on the website at least twenty-four hours preceding the meeting.
66. Continqencies
In all contingencies not provided for in this section, the question shall be decided
by the Chair and in making such a ruling; the decision shall be based on Roberts
Rules of Order.
67. Suspension of Rules
Any procedure required by this section may be suspended with consent of not
less than two-thirds of the Members present.
68. Commencement and Administration
a) This by-law shall be administered by the Clerk.
b) By-laws 3665/91, 4565/95, 5874/01, 5933/01, 6251/04, 6321/04, 6334/01
and 3665/91 are hereby repealed.
c) The short title of this by-law is the "Procedural By-law".
By-law read a first, second and third time and finally passed this 19th day of March,
2007.
David Ryan, Mayor
Debi A. Bentley, City Clerk
Ciltl 0#
Minutes I Meeting Summary
Pickering Museum Village Advisory Committee
Thursday, February 08, 2007
7:00 pm
Main Committee Room
Attendees:
Regrets:
Rose Ann Cowan
Laura Drake
Pat Dunnill
Bill Gosse
Bill F. Utton
Sean Thomas Byrne
Bill Weston
Kees van der Vecht
Stephen Reynolds
Marisa Carpino
Katrina Pyke
Bill McLean, Regional Councillor - Ward 2
Paul Savel
Item / Details & Discussion & Conclusion Action Items / Status
Ref# (summary of discussion) (include deadline as
appropriate)
1. Welcome & Introductions Stephen Reynolds
- Steve welcomed new and returning members
- attendees introduced themselves
- members updated the City's contact information sheet
2. Pickering Museum Village Stephen Reynolds
Overview & Advisory Committee Role Katrina Pyke
Marisa Carpino
- Katrina provided an overview of the Pickering Museum
Village operation and statement of purpose
- Marisa reviewed the Pickering Museum Village Advisory
Committee members duties and responsibilities
- Pat Dunnill asked of the advisory committees role if a
new museum were developed at the waterfront
- Steve said we would seek clarification of the City's by- Steve to provide
law (found by Pat on website) update
3. Election of Advisorv Committee Chair All
Motion
Moved by Bill Utton
Seconded by Pat Dunnill
That Laura Drake be elected Chair
CARRIED
CORP0228-2/02
Page 1
Item / Details & Discussion & Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
Motion
Moved by Pat Dunnill
Seconded by Bill Weston
That Bill Utton act as Vice-Chair to the committee.
CARRIED
4. Approval of Minutes - October 19, 2006 All
Motion
Moved by Bill Utton
Seconded by Bill Weston
That the minutes of the Pickering Museum Village Advisory
Committee October 19, 2006 minutes be approved.
CARRIED
5. Pickering Museum Village 2007 Budgets Stephen Reynolds
Steve advised that 2007 budgets were submitted and .
-
currently under review by the staff Budget Committee
- Budgets are not yet to Council
- BudQets will be reviewed by Council on March 26, 2007
6. 2007 Special Events Katrina Pyke
- Katrina circulated 2007 Museum event season and
provided overview of events - Distant Shores is sold out.
Pickerinq Museum Villaqe Foundation
- Pat provided history and overview of the foundation
- Current project is the Brougham Central Hotel
Restoration Project anticipated to begin summer 2007
and end in 2008
- Foundation provided a charitable receipt to a mechanical
company in Scarborough who donated a fork lift
- Forklift has been provided to the Gas & Steam Barn
7. 2007 Workplan - goals and objectives All
- Laura proposed that committee meet more than 3 times
per year
- The committee aQrees to meet 5 times per year
8. Adjournment - next meeting date All
- April 19, 2007, 6:00 pm start on site meeting - Redman Staff to arrange for
House (park by Steam Barn at Gate 3) pizza dinner at
beginning of meeting
Attendees come with
ideas and questions
Meeting Adjourned: 8:30 pm
Copy: Chief Administrative Officer
City Clerk
Page 2
CORP0228-2/02
Council Strategy Session
Meeting Minutes
Thursday, February 8, 2007
9: 15 AM
PRESENT:
Mayor David Ryan
COUNCILLORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
1. J. Quinn
E. Buntsma
N. Carroll
G. Paterson
A. Allison
D. Bentley
1. Melymuk
R. Holborn
C. Mearns,
J. Hannah
J. Hodgson,
L. Roberts
- Chief Administrative Officer
- Director, Operations & Emergency Services
- Director, Planning & Development
- Director, Corporate Services & Treasurer
- City Solicitor
- City Clerk
- Division Head, Corporate Projects & Policy
- Division Head, Municipal Property & Engineering
- CEO Pickering Library
- Superintendent for Municipal Operations, attended for part
of thl3 meeting
-Manager, Customer & Administrative Services
-Committee Coordinator
Introductory Remarks
The Mayor provided opening comments and welcomed members to the Council
Strategy Session. He advised that this would be an informal session, for
information and discussion purposes with staff. There will be a number of
presentations, but no decisions will be made as a result of these sessions, any
formal reports required will be brought forward to Council to be dealt with.
The Chief Administrative Officer thanked the Mayor and welcomed everyone to
this strategy session. He noted that this was a good opportunity for general open
discussions, some of the items being discussed have been around for sometime
while others are more recent. He indicated that he was looking for guidance from
Council on various issues, and that many were simply policy adjustments. Any
items not completed as part of this session would be discussed at a future time.
The Chief Administrative Officer advised that the Department Heads would
present their Departmental Strategic Goals & Objectives, and would welcome
any comments/questions in this regard.
The Director of Operations, Emergency & Services proceeded to present.
2007 Department Strateaic Goals and Obiectives:
Operations & Emerqency Services
The Director, Operations & Emergency Services provided a detailed
presentation, eluding to the challenges the City faces, as well as the financial
impact on the City. He discussed the Capital projects, plans and the costs
associated with the projects. He further outlined the 5 year implementation plan
for the waterfront and Frenchman's Bay.
The Division Head, Municipal Property & Engineering stated that Council had
adopted in early 2006 a storm water management plan for Frenchman's Bay, a
list of projects, policies to implement. Once adopted by Council, the City
will be well on its way for 5 years of programming to help out Frenchman's Bay.
Discussion ensued on the projected costs associated with this project. The
Division Head stated that a consultant had been asked to assemble a 5 year
plan. They will also investigate funds and identify corporate and private funding.
He stressed the importance of having Council endorsement in order to receive
this funding.
The Director, Operations & Emergency Services indicated that staff were
involved with numerous agencies and government bodies on many projects that
affect the City, which takes up a significant amount of staff time.
Discussion also ensued on parkland needs in Seaton, Duffin Heights based on
today's population. He had prepared a significant list of needs over the next 5
years, and indicated the difficulty in dealing with the Province on certain matters.
He noted correspondence had gone out to the Federal government for a district
park, and noted the definition of a District Park is 100 acres, a stadium and
seating for 3 to 5 thousand. The estimated cost projection would be 70 million
over a 5 year period.
The Chief Administrative Officer asked that more detailed information be
provided to Council with respect to these matters. The Chief Administrative
Officer, as an example, further indicated that the estimated cost just to build a
soccer field today would be approximately $350,000, with a ball diamond being
$300,000 along with a 1 to 2 year planning process.
Discussion ensued on the problems with parks, the population and acreage
involved. It was stated that the biggest problem with parks is population. Going
by the standards we have, the City should have 3 community parks, at 35 - 50
acres. The Chief Administrative Officer stated that we were well known for over
25 years for recreation and parks previously and are still known for our recreation
complex, although it is becoming dated. He advised that it will be a struggle, but
supports the list that was compiled.
A question and answer period ensued. The Director, Operations & Emergency
Services provided clarification with respect to the fire hall and the recreation
centre being considered separate. He further noted that the City should be
aware of the multicultural needs with respect to recreation facilities in the future.
It was further noted that the future Animal Shelter and Operations Centre should
be considered separate and further, that down the road a First Nations Cultural
Centre should be a priority. It was further stated that the Town of Whitby
Operations Centre was toured and used as the base for the land required etc. It
was felt that the Taunton Road site would meet our needs as it consists of
approximately 25 to 30 aces. Services are required, access to arterial roads is
good and the City does not want to be in the middle of a residential area.
Council were further advised that the Toronto Region Conservation Authority was
supportive of the proposed location.
Discussion continued with respect to the Court issues related to the Seaton land
matters. The City Solicitor provided a detailed overview of the current court
cases that the City is involved with.
The Director, Operations & Emergency Services provided a further review related
to private partnerships for an indoor soccer club, the status of the design for the
addition to the recreation complex, the Cultural Strategic Plan noted as a priority
and the future location of the Fire Services headquarters.
Communities in Bloom
The Chief Administrative Officer provided an overview of the program and
indicated that it would proceed, pending approval by Council. He indicated his
support of the program and stated that it would be a significant endeavour for the
City as a whole.
John Hannah, Superintendent of Municipal Operations provided a detailed
powerpoint presentation on the Communities in Bloom program. He explained
the intent of the program and its induction, the different levels involved, the
benefits involved, and how the program works, who is involved, the rating
system, and criteria for judging. He explained the breakdown of the criteria, as
well as the expectations of the program and the judging process. He talked
about the Communities in Bloom "profile" book and provided an example of
Vaughan's book to look through. He reviewed the proposed organizational
structure.
Detailed discussion ensued with respect to this matter, including discussion
related to pesticide free communities, educational program on pesticides,
utilization of native plants, budget allocation of $30,000., along with other area
municipalities who were involved with the program.
Based on the discussion, consensus was reached in favour of this program.
Mayor Ryan and Councillor McLean were nominated to sit on this Committee and
a further resolution of Council would be required to finalize the Committee as an
advisory committee to Council.
Council recessed at 10:40 am and reconvened at 11 :00 am.
Planninq & Development
The Director, Planning & Development outlined the map showing the context of
Pickering, showing what can and can't be developed. He noted that the map
was not for public use as it required further clarification. The map outlined how
much is greenbelt, including the Oak Ridges Moraine.
Questions ensued with respect to the map and clarification was sought on the
percentage of greenbelt lands. The Director advised that approximately 55% of
lands in Pickering are Natural Heritage or Greenbelt, which includes NHS lands
which make up another approximate 8% of our total, making it unavailable for
any development. Council questioned the Chief Administrative Officer whether
there were any other communities with this high a percentage. He said we are
one of a kind in Ontario and Canada.
2007 Priorities:
The Director, Planning & Development provided a detailed overview with the aid
of a powerpoint presentation. He outlined sustainability provision requirements,
rating systems, Official Plan Review initiatives, requirements for Official Plan, key
areas to examine, establishing plans in Official Plan, greenbelt, and the public
comments on the Official Plan, along with a review of Bill 51 and how it effects
the Planning Act.
With respect to the Downtown Intensification Strategy, it was noted that the City
needs to define vision, mix and scale of development. Discussion ensued on
changes in the new building code, as well as the training of staff.
The Director further advised that the Sign By-law was currently under review, in
conjunction with the Clerks Division and this would be presented to Council
hopefully by June. Discussion ensued and Council noted that this by-law would
entail significant public debate.
Capital Asset Reportinq
The Director, Corporate Services & Treasurer provided an overview of Capital
Asset Reporting, through a power point presentation. He stated the major goals
and objectives for the department and indicated that Capital Asset Reporting
must be in place by January 2009. This could have significant affects on our
budget and work must start soon on this. He further noted that assessment
information would be provided on the City website this year, but would exclude
the homeowners name. He further stated that the shelter for Animal Services in
Claremont was a priority this year, and that would be a key focus for the Clerks
Division.
Purchasinq
The Director, Corporate Services & Treasurer reviewed the purchasing policy.
A question period ensued, specifically if the City had considered a Fairness
Commissioner for large projects, similar to what has been implemented at the
Region.
The Chief Administrative Officer discussed the processes internally as well as
the plans for the next two days and the way everything ties into the budget.
Discussion ensued on the financial situation of the City and what the priorities
and format should be for these two sessions.
Pickerinq Public Library Board
Cynthia Mearns, CEO Pickering Library, provided a brief overview of the slides
to be viewed over lunch and noted that a survey plan had been provided to all
members present. She indicated that she would welcome any discussion or
questions from members of Council.
Council recessed at 12:20 pm and reconvened at 1 :08 pm.
Financial Overview:
The Director, Corporate Services & Treasurer and Chief Administrative Officer
discussed in detail the financial overview, with emphasis on:
. Limited assessment
. Aging infrastructure puts pressure on capital budget
. Address sustainability - financial sustainability is most important.
Discussion ensued with respect to the City's financial status and questions arose
concerning the ceiling on debt. The Director advised that the City was in the 60
million range. We are well below the limit but have limited debt service capacity.
Further detailed discussions are noted as follows:
. how funds were allotted.
. We used 3 million to reduce levy.
. Reserves are rapidly diminishing
. Discussed one time funds, inflation.
· Projection for 2007 was just under 16%.
. Went over forecasted projections,
· Half of the budget pressure is due to lack of revenue. (Lack of housing)
. Reserve funds high - majority is development charges.
The Director, Corporate Services & Treasurer, discussed discretionary Reserves
& Reserve fund projections and debt charges, noting they are gradually creeping
up. It was discussed that with respect to building permits across the GT A,
Pickering is still the lowest. Discussion ensued on building permit trends, further
noting that shortfall must be made up by tax revenue. (This is the only source
the City has).
Further discussion ensued related to the Capital budget and the implementation
of a five year capital plan. The Director advised that the budget package is to be
out March 9th., and a review of possible meeting dates was discussed. The City
Clerk was requested to review Council schedules for the month of March, in
order to finalize the date by the end of the Strategy session.
Further discussion ensued related to economic forecasts and the inability to
encourage development, assessment appeals currently before the City, POA
revenue, along with the assessment growth of the City. Parking ticket revenue
was reviewed, noting that the Clerks Division has exceeded budget allocations
for the past two years. Staff were requested to review the market status of
Veridian shares and report back to Council on this matter.
The Chief Administrative Officer outlined for Council to consider the possible
implementation of two ad-hoc committees of Council which would deal with the
Province regarding the financial compensation for the North Pickering lands, and
one to deal with the Federal Government for financial compensation related to
the lack of decision related to the North Pickering lands.
Duffin Heiqhts Neiqhbourhood
The Director, Planning & Development, provided an overview of the Duffin
Heights Neighbourhood. He outlined the historical structure, the definition of the
boundaries and existing land uses through the use of a powerpoint presentation.
He provided information on the following; land uses within the Official Plan, the
Environmental Servicing Plan, the relocation of the Operations Centre, and a 20
acre community park.
Discussion ensued on the two options. One option shows no connection, the
entire community goes out to Brock Road. Discussion included the Region's
involvement, as intersections must be implemented into Brock Road. This
creates a concern with the fact that there is no link, forcing everything onto Brock
Road, and also a concern with Valley Farm Road and grades, with one lane in
each direction.
Option two shows three signalized intersections. Region would like to see
Rossland going under Brock Road. TSH has been hired to do a traffic study.
It was indicated that we can't afford to have it put off much longer than another
year. The Director, Plannig & Development, stated there were a number of
environmental assessments going on now.
Seaton
The Division Head, Corporate Projects & Policy provided a detailed presentation
on Seaton, with the aid of a powerpoint presentation. The legal matters related
to Seaton were discussed and it was noted that the Province had approved the
plan. The Division Head went over the three studies currently underway,
Transportation Study, Natural Heritage Study, and the Highway 407 Study. It
was noted that anything north of Highway 7 was Federal lands.
A question and answer period ensued.
Parkinq Strateqies
The Chief Administrative Officer, with the assistance of the City Clerk outlined the
Parking Strategies Discussion paper, with the aid of an powerpoint presentation.
Discussion ensued with respect to the provision of permit parking within the City,
and the process that is currently in place in a number of municipalities. The
percentage of street partidpation for a request for on street parking permits was
noted as 50%, and discussion related to the fact that perhaps 2/3rds was a more
appropriate number.
The Chief Administrative Officer stressed the importance that the request come
from the street, not the City and suggested changes be made to this effect. The
City Clerk noted that in discussions with municipalities who have permit parking,
the majority of requests were not successful, garnering only a 35% rate of street
involvement on average. The negative aspects of a permit parking system were
further reviewed with winter control being the main concern.
Discussion further ensued with respect to pay and display parking units, along
with parking availability around the Civic Complex and the proper marking of
disabled parking spots.
Based on the discussion, the consensus was for staff to continue to monitor the
parking situations and report back to Council at the next Council Strategy
session. It was noted that it was not a Council priority at this time, rather revenue
initiatives should be the focus.
Councillor O'Connell left the meeting at 4:32 pm
Grant Policy
The Director, Corporate Services & Treasurer, explained the process for grants,
our previous procedures, and how under the new Municipal Act, the grant
approval/reporting must change
Detailed discussion ensued with respect to the draft Grant policy as presented.
Council felt that the policy and procedures related to the grants was too detailed,
and that the original grant parameters were sufficient at this time. The Director,
Corporate Services & Treasurer was requested to review the policy, and
streamline the focus to the original Council intent.
Summary
The Chief Administrative Officer thanked everyone for a very successful day, and
welcomed the opportunity to review further items on the second day scheduled
for discussion.
The Strategy Session adjourned at 4:53 pm
Council Strategy Session
Meeting Minutes
Friday, February 9, 2007
9: 15 AM
PRESENT:
Mayor David Ryan
COUNCILLORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. J. Quinn
E. Buntsma
N. Carroll
G. Paterson
A. Allison
D. Bentley
T. Melymuk
J. Hodgson
L. Roberts
- Chief Administrative Officer
- Director, Operations & Emergency Services
- Director, Planning & Development
- Director, Corporate Services & Treasurer
- City Solicitor
- City CIBrk
- Division Head, Corporate Projects & Policy
- Manager, Customer & Administrative Services
- Committee Coordinator
Mayor Ryan welcomed everyone back.
The Chief Administrative Officer stated he was pleased with yesterday, and a
number of matters discussed, noting that the agenda formats, etc. as developed
by the City Clerk and senior staff worked well.
Governance Structure:
The City Clerk led Council through the Governance Structure discussion paper.
Further details on the changes to the Municipal Act will be provided in the future
to members of Council, however noting that the City was well underway for
compliance, especially in relation to Council Secretariat processes.
The City Clerk provided an overview on governance;
. Increase public involvement
. Existing format for reports working well
. Easy access to agendas, minutes through laserfiche
. Constant reviews through meetings
· Formal correspondence structure - we have specific direction
· New Municipal Act - key aspect is giving public notice of all public
meetings - we must comply with this now
· Must give appropriate notice of all meetings
· Minutes to be recorded including in camera minutes
. Open government is stressed
Public participation:
. Must be encouraged
. Orientation went very well
· Agendas for advisory committees to be available on line making it more.
accessible to the public
Detailed discussion ensued and it was noted that the City did have an
exceptional system, and there was still a few areas that we could improve upon.
It was noted that the changes over the past year had further enhanced the
system and the process of communication. Further discussion ensued on items
going to Statutory meetings and the procedures involved with public meetings. It
was agreed that the City was well ahead and on the right track.
The City Solicitor provided clarification on the purpose of the meetings in relation
to the Planning Act. He further outlined the distance requirements in relation to
notification under the Planning Act.
Discussion ensued on having summer meetings. The Chief Administrative
Officer stated he was concerned with having no meetings during the summer and
was looking for direction on this. It was confirmed that the last week in July
would work the best, and the City Clerk should encompass a meeting within the
schedule.
Based on the discussion, it was the consensus of Council that the Statutory
Information meetings would be held as part of the new Planning & Development
Committee, noting that the agendas would clearly reflect that it was a Planning
Information meeting, so that members of the public understood the lack of
Council involvement in the debate at this stage of the planning review.
Break at 10:30 am
Reconvened at 10:52 am
Mayor Ryan suggested we not meet for budget during March Break and cancel
the Executive meeting. This was confirmed and the City Clerk will action
accordingly. It was further confirmed that the Budget committee meeting would
meet on Friday, March 23rd at 9:00 am and Monday, March 26, 1 :00 pm (if
deemed necessary). All members were in agreement with this schedule.
Procedural By-law Discussion Paper:
The City Clerk provided an overview of the proposed new Procedural By-law,
noting that recommended changes were highlighted. She noted the changes
that reflect the public notification process along with In camera sessions and
what needs to be changed as a result of the new Municipal Act. There were
general housekeeping changes to reflect what is happening now, but no major
changes in this regard.
Discussion ensued on minor housekeeping issues and clarification on certain
items in the procedural by-law. The City Clerk provided clarification where
necessary. Discussion on delegations ensued. Councillor McLean asked about
Item 33 b), referring to the discussion of items not on the agenda. This will be
deleted, the public can speak on any item, but they must still notify the Clerk in
writing. It was noted that the Chair always has the option of speaking order.
The main goal is to ensure everyone has an opportunity to speak. It was the
consensus of Council that the draft procedural by-law was excellent, noting the
change to delegations and that the City Clerk should proceed to implement the
new by-law as soon as possible.
Appointments to Advisorv Committeess
At the February 5, 2007 meeting of Council, appointments to the CAVE Advisory
Committee and the Seaton Net Benefits Committee was referred to the Council
Strategy session for discussion purposes.
Discussion ensued on th,e number of Councillors for various committees, along
with the status of the formalization of CAVE.
Sustainable Pickerinq: 3 Councilllors
Councillor O'Connell
Councillor Dickerson
Councillor Pickles
Seaton:
Councillor Littley with O'Connell as alternate
Councillor Dickerson with McLean as alternate
Councillor Johnson with Pickles as alternate
Communities Aqainst Violence Everywhere (CAVE)
The City Clerk noted that notices had gone out to the paper, and we have
already received some applications with respect to the citizen appointments.
It was the consensus that this Committee continue as a staff managed advisory
committee letting the appointed staff person bring to Council what is needed. It
was remarked on the good job being done by Shawna Mutton in this regard..
The connection with recreation and culture is working really well and everyone
was in agreement with this.
Mayor Ryan talked about Communities in Bloom. The City Clerk brought the
power point presentation back up with respect to the Committee structure. It was
decided Mayor Ryan and Councillor McLean would sit on this committee.
Adjourned for lunch at 11 :52 am
Session reconvened at 1 :09 pm
Council Compensation and Communication Policy
Detailed review of the policy commenced, going through each section in order to
receive comments in this regard.
Based on the discussion, the Chief Administrative Officer was requested to
review Council salaries within GT A municipalities and provide this information to
Council. It was noted that the local councillor salary range should be
approximately $45,000 due to the work involvement.
The following discussion ensued:
· Elimination of the tax free allowance, noting the difference to be made up
within an RRSP
· Review of what the tax free allowance consists of now
. Now is the time for the salary review
. Review of cost of living should be completed in conjunction with the salary
review
. Entire compensation package should be reviewed in order to provide for
decreases in areas not utilized in order to increase in areas, such as
salary, where an increase is warranted
. What are other municipalities doing with respect to salary and benefit
compensation and this should be looked at in relation to population
. Councillors are no longer considered part time and this should be
reviewed in relation to OMERS
. Salary census for Pickering should be reviewed.
The Chief Administrative Officer noted that he is doing this as per Compensation
Review as per Council with approval by Senior Management. This will fit well to
do both areas at the same time as we have tied these areas together before.
Allowances:
Discussion ensued on this matter and the Chief Administrative Officer was
advised to review and do a comparison with the Region. The Chief
Administrative Officer pointed out that everything we do is subject to audit and
the first thing looked at is unsupported expenses. Stressed caution in this area.
Further discussion ensued related to in house services provided with respect to
administration, printing costs and the communication budget in general. It was
generally felt that secretarial services was different than communication and
these two items should be kept as separate budget line items.
The Director, Corporate Services & Treasurer clarified that Section 18a) and b)
refers to websites. He went on to explain further the communications section,
and the fact that you could take outside agency items from two different areas of
the budget, being Item 1 B b) and 7 b).
Discussion continued related to where the website budget should be allocated,
postage costs being encompassed by the City and the awareness that audits are
taken of all financial business related to the City. The Director, Corporate
Services & Treasurer, explained the sections and what they deal with and why
this would not be feasible.
It was proposed that Item 7 a) be changed to $8,500 for the 1st, 2nd and 3rd
years and $7,000 for the 4th year. This proposal was accepted by consensus.
Short break at 2:35 pm
BENEFITS:
Discussion ensued on spousal benefits upon death (Sections 8 b) and c)) and
the Director, Corporate Services & Treasurer clarified some issues surrounding
this matter. To be added:
However, for members who have completed 15 years, these benefits should
continue to spouse until age 70 upon the death of the Councillor.
Insurance Indemnification Item 11:
It was decided this should be brought back for clarification review.
Item 12 a)
It was proposed that for the future this should be raised to 15 in year one then,
to 17 in year two and 18 the year after. The Chief Administrative Officer to
review the range.
Item 13 - Severance
This required changing three years to four to reflect the new term of Council.
The severance issue was to be left for clarification.
Communications:
Item 16 a)
Computer Hardware/Software
Discussion took place, but it was decided not to increase at this time.
3:20 pm Chief Administrative Officer left due to illness
Equipment
Mayor Ryan turned it over to the Director, Corporate Services & Treasurer for his
presentation.
The Director, Corporate Services & Treasurer went over his presentation
pertaining to the best business practice and the current practice. Discussion
ensued on telecommunications equipment and the problems associated with
contracts.
Discussion ensued with respect to the issue of liability when signing contracts for
equipment, ie. cell phones, blackberries, etc. The Director, Corporate Services &
Treasurer suggested that the City could take over contracts that had been taken
out in individual Councillor names. It was further noted that there needed to be a
standard set of operating rules developed for purchases etc. and that all
purchases to go through the City's purchase requirements.
Further discussion ensued with respect to notice that all Council expenses are
public information, the allocation of a credit to Councillors if equipment is turned
in. The Director, Corporate Services & Treasurer stated this has never
happened, only with computers.
Mayor Ryan stated that it is beneficial to have the City look after contracts, as all
literature would be on file, which would make tracking easier. Everyone was in
agreement to this principle. Policy will be written to this effect. Policy must
differentiate between what the Region supplies, and not duplicate this in the City.
It was also agreed the clarity to the policy on plans for cell phones etc. needed to
be developed.
Discussion resumed on equipment issues and the return of this equipment back
into the system. The main principle of this system would be for the equipment to
be returned back into the organization to be reused. It was suggested that we
look into an alternative way to accommodate for equipment coming back. Some
discussion took place on the leasing of equipment.
The Director of CorporatE~ Services & Treasurer was requested to schedule
another % day to complete the strategy session.
It was also requested that the wording "neighbourhood letter" be removed from
Item 18 e)
The Strategy Session adjourned at 4:23 pm
Council Strategy Session
Meeting Minutes
Monday, February 19, 2007
1 :30 PM
PRESENT:
Mayor David Ryan
COUNCILLORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. J. Quinn
E. Buntsma
N. Carroll
G. Paterson
A. Allison
D. Bentley
J. Hodgson
- ChiE3f Administrative Officer
- Director, Operations & Emergency Services
- Director, Planning & Development
- Director, Corporate Services & Treasurer
- City Solicitor
- City Clerk
-Manager, Customer & Administrative Services
1. Presentation by Fire Services
Methadone Lab Update
Gord Ferguson and Mike Gamble, of Pickering Fire Services appeared
before Council with respect to the fire incident related to a methadone
lab. A detailed powerpoint presentation was provided, noting the
details related to the fire incident at 1895 Clements Road. The
following comments were noted:
. Outlined history of methadone, noting that a $150 investment
yields a $10,000. street profit;
. 6 out of 10 people get hooked when they try the drug, it is very
addictive;
. largest chemical related incident in Canada;
. took place for the period of November 20-29, 2006;
. outlined the fire action that took place, including the use of Unit
152;
. noted possible contamination of the units and all personnel
involved are being very cautious;
. victim rescued and revived by paramedics;
. explosion took the roof off of the building;
. professionals who deal with this type of incident, including
Police personnel were called in to assist
. there were health and safety concerns with those involved,
including access by tenants;
. team briefings were held every morning with the Police for nine
days; and
. Post Incident Review has been completed.
A question and answer period ensued. It was noted that there was
concern with the businesses that have been closed and the problem
due to their lack of appropriate insurance.
The Chief Administrative Officer advised that there would be further
financial report in this regard.
2. Completion of Salary, Expenses and Communications Respecting
Members of Council
The Director, Corporate Services and Treasurer provided a brief review
with the aid of a powerpoint presentation, providing comments related to
the computer request of Councillor O'Connell. He noted that within the
telecommunication portion of the policy, the options available to members
of Council would be a) City to purchase standard option, or an exception
to the policy for members of Council, noting a $10,000. allowance for year
one.
A question period ensued with request to the allocated allowance, along
with the provisions of buying versus leasing. The Chief Administrative
Officer noted that a new policy would be developed by the Director,
Corporate Services & Treasurer with respect to the allocation and further,
the computer for Councillor O'Connell would be leased as soon as
possible.
Based on the discussion, there was consensus to stay at the $10,000.
limit for the four year term of Council. Members of Council were provided
with a copy of a handout with respect to the telecommunication operating
expenses for past and present members of Council.
Further discussion ensued related to the Regional plan for
telecommunications, benefits of shared plans, budget limit for specific
plans and the need to review the City's replacement program. The
Director of Corporate Services & Treasurer was requested to provide a
breakdown on how the cell phone program for the City works, including
the number of City issued cell phones. Discussion further ensued with
respect to a limit on the number of units issued and/or purchased by
members of Council, including a possible cap on expenses.
With respect to the salary compensation for members of Council, the Chief
Administrative Officer was requested to have the Director, Corporate
Services & Treasurer to review the salary information for members of
Council in relation to other Greater Toronto Area municipalities,
specifically municipalities with similar structures. The municipalities
reviewed should be based on population and part time versus full time
representation, noting a possible comparison utilizing census information.
In summary, based on the review during the strategy session, the Chief
Administrative Officer noted the following changes approved with respect
to the existing policy;
6 d)
6 e)
7 a)
7 b)
12 a)
13 a) v)
16 a)
18 e)
$60.00 per day has been changed to reflect $90.00 per day
to be rewritten as it does not appear succinct
chan~ed to reflect $8500 for the 15\ 2nd & 3rd years; $7000 for
the 41 year
delete 'website'
13% RRSP to be reflected
staff to clarify - is it the intent of staff to provide for spouse
change to three years
change to reflect letters can be sent out for neighbourhood
Issues.
The Chief Administrative Officer noted that the Director, Corporate
Services & Treasurer would update the policy and present to Council as
soon as possible.
3. Brief Update on Leqal Matters
Council moved In Camera in accordance with the Municipal Act with
respect to the detailed briefings of the City Solicitor related to confidential
legal matters.
The City Solicitor provided an updated to members of Council with respect
to the First Nations lawsuit, including a review of the EA bump up. He
noted that with respect to the third Seaton related lawsuit, he had a copy
of the decision if any members of Council wished to review.
A brief question and answer period ensued.
The City Solicitor provided a brief review of the zoning by-law appeal
related to the Bay Ridges Plaza development. The City Solicitor provided
an update with respect to the Knob Hill retail facility and the minutes of
settlement with respect to this matter. He noted that it was agreed to
recognize certain zoning provisions, and payment of the license fees to
the City. He noted that he anticipated that it should conclude with a good
result.
The Committee rose from the In Camera session and resumed into Open
session.
4. General Update & Review with Chief Administrative Officer
The Chief Administrative Officer provided a detailed overview of the City
sponsored functions, such as Frenchmen's Bay Festival, Canada Day and
Winterfest.
a) Frenchmen's Bay Committee - It was the consensus of Council
that the City of Pickering will no longer participate in the
Frenchmen's Bay Festival but will continue to support the
waterfront programs. It was the further consensus of Council that
the Chief Administrative Officer be directed to review the
Committee financial records for the past seven years, and make the
necessary arrangements to have the $17,000. owing to the City
returned.
b) Canada Day - Discussion ensued on this matter and it was the
consensus of Council that a report to council be prepared providing
a detailed breakdown of the expenses, specifically program
breakdown, staff costs etc. Members of Council further requested
that alternatives be presented in this regard. The Chief
Administrative Officer noted that he would provide a further
memorandum to Council with respect to the request at his earliest
convenience.
c) Winterfest - it was noted that the winterfest activities needs to be
changed to February, rather than December in order to ensure the
appropriate weather. Based on the discussion, it was the
consensus of Council that the Chief Administrative Officer provide a
detailed breakdown on the costs related to this function.
Further discussion was held, noting that a confidential memorandum
would be forthcoming from the Chief Administrative Officer with respect to
fire negotiations and once received, if Council had any concerns they were
to advise.
Councillor Johnson raised concerns with respect to the community page
and the cost to the City. He noted that the City was cu rrently paying $120
- $130,000. per year and wondered if there had been a review completed
to determine if this was the most cost efficient for the City. The Chief
Administrative Officer advised that he would complete a memorandum to
Council with respect to this, once he had reviewed the matter with staff.
5. In Camera Matters
Due to the lateness, an update from the Chief Administrative Officer
with respect to in camera matters would be deferred to a later date.
The meeting adjourned at 4:50 pm.
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7, 2007
7:03 pm
Main Committee Room
PRESENT:
Kevin Ashe
David Johnson - Chair
Susan Kular
Eric Newton
Keith Wilkinson
ALSO PRESENT:
Ross Pym,. Secretary-Treasurer .
Lesley Dunne, Assistant Secretary-Treasurer
(I) MATTERS ARISING AND ADOPTION OF MINUTES
Moved by Eric Newton
Seconded by Keith Wilk:inson
There were no matters arising from the minutes. The minutes of the 2nd meeting
of the Committee of Adjustment held Wednesday, February 14, 2007, be
adopted as amended.
CARRIED UNANIMOUSLY
(II) ADOPTION OF AGENDA
Moved by Eric Newton'
Seconded by Susan Kular
.. ......-
That the agenda for the Wednesday, March 7, 2007 meeting be adopted.
CARRIED UNANIMOUSLY
1
".--"__".~",__.e"..__~___._~._.~.~__,__
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7, 2007
7:03 pm
Main Committee Room
(III) REPORTS
1.
(Deferred from the February 14, 2007 meeting)
PICA 62/06 - KN Property Management Ltd.
981 Brock Road South
Part of Lot 18, Range 3
(40R-7994, Part 8 to Part 17)
City of Pickering'
The applicant requests rE?lief from Zoning By-law 3036, as amended by
By'-Iaw 5792/01 to permit a maximum of 75 percent of the gross leasable floor
area of the existing, building to be utilized for retail uses and financial institution
uses, whereas the list of permitted uses in the by-law does not permit retail uses
or financial institutional uses.
The applicant requests approval of these variances in order tc? expand the,
number of uses on the property.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments were also received
from the City's Economic Development, in support of the application.
Correspondence was received from the City Solicitor advising that the
Committee of Adjustment does have jurisdiction to consider new uses through a
minor variance application. However each of the four tests must be conside'red
as set out in the Planning Act.
.. -~
Grant Morris, agent, was present to represent the application. Davood
Khaneghi, owner, was present in favourof the application.
Grant Morris provided his opinion on the application and how the application
meets all four tests under the Planning Act. The uses requested are compatible
with the uses in the surrounding area. He also presented a map of the area and
explained the retail uses around the subject property. The owner of the property
is losing tenants and having difficultly renting units.
Grant Morris, in response to questions, agrees with the City Solicitor that the
Committee does have the jurisdiction to make a decision on these types of
applications. He also indicated it is unknown at this time as to the specific type
of retail uses for the subject property, however the parking will dictate future
uses.
2
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7, 2007
7:03 pm
Main Committee Room
Moved by Kevin Ashe to APPROVE the application, no seconder.
Moved by Eric Netwon
Seconded by Keith Wilkinson
That application PICA 62/06 by KN Property Management Ltd., be REFUSED on
the grounds that the request to permit the utilization of a maximum of 75 percent
of the gross leasable area of the existing building for retail and financial
institution uses is a major variance that is not desirable for the appropriate
development of the land, not in keeping with the general intent and purpose of
the Zoning By-law.
Committee Member,. Kevin Ashe speaks against the motion to refuse and
explained that in his opinion the application does meet all the four tests
established in the Planning Act. He also noted he had spoken to the two Ward
Councillors and both are in support of the application.
CARRIED
Vote
Kevin Ashe
David Johnson
Susan Kular
Eric Newton
Keith Wilkinson
opposed
in favour
in favour
in favour
in favour
2. (Deferred from the February 14, 2007 meeting)
PICA 09/07 - S. & G. Boseovski
726 Kingston Road
(Part of Lot 28, Range ~~, B.F.C.)
(40R-15653, Parts 25 to 29 & Part 43)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by
By-law 3768/91, to allow the interpretation of the provisions of the by-law to
permit a non-venting dry-cleaning establishment within the existing building,
whereas the by-law does not permit a non-venting dry-cleaning establishment.
3
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7, 2007
7:03 pm
Main Committee Room
The applicant requests approval of this variance in order to obtain a building
permit for the existing building in order to establish a non-venting dry-cleaning
business.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments were also received
from the City's Economic Development, in support of the application.
Correspondence was received from the City Solicitor advising that the
Committee of Adjustment does have jurisdiction to consider new uses through a
minor variance application. . However each of the four tests must be considered
as set out in the Planning Act.
Steve Boseovski, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Steve Boseovski presented the zoning by-law and explained to the Committee
Members the uses and designations for the surrounding" properties. He feels this
is an ideal use for this corner property instead of a fast food or donut shop. The
tenant needs to be moved in by the end of the month.
In response to questions the Secretary-Treasurer explained the current by-law
on the subject property and that there appears to be a specific intent to omitted a
non-venting dry-cleaning use. He also advised that both Councillors Dickerson
and McLean had no objection to the application. No other comments were
received from City departments in favour of or in objection to the application.
Moved by Kevin Ashe
Seconded by Susan Kular
- "-
That application PICA 09/07 by S. & G. Boseovski, be APPROVED on the
grounds that the requested variance to permit the int~rpretation of a non-venting
dry-cleaning establishment as being a permitted use is a minor variance, that is
desirable for the appropriate development of the subject land, and in keeping
with the general intent and purpose of the Zoning By-law.
CARRIED UNANIMOUSLY
4
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7,2007
7:03 pm
Main Committee Room
3. PICA 11/07 -1685404 Ontario Ltd.
1023 Brock Road
(South Part of Lot 18, Concession 1)
(Part 2, 40R-18713)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit the construction
of an automotive repair building on the subject property providing a north side
yard width of 1.5 metres and 50 percent of the required parking spaces in the
front yard (8 spaces), whereas .the by-law requires a minimum side yard width of
4.5 metres and permits a maximum front yard parking of 20 percent (4 spaces).
The applicant requests approval of these variances in order to obtain Site Plan
approval and a building permit for the construction.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments were received from
Councillor Rick Johnson in objection to the application. Written comments were
also received from M. Balsdon Trucking Ltd. of 1720 Bayly Street, in support of
the application with a request for privacy fencing.
Arnold Mosteet, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Correspondence received from M. Balsdon Trucking Ltd., indicating no objection
. to the application but requests a privacy fence to be constructed along the south
property line. .' _,_
Arnold Mosteet outlined t.he application and indicated no objection to providing a
privacy fence being constructed and this will be discussed at the site plan
approval process.
Moved by Kevin Ashe
Seconded by Eric Newton
That application PICA 1 '1/07 by 1685404 Ontario Ltd., be APPROVED on the
grounds that the north side yard width of 1.5 metres to a proposed automotive
repair building and providing 50 percent of the required parking in the front yard
are minor variances that are desirable for the appropriate development of the
land, and in keeping with the general intent and purpose of the Official Plan and
the Zoning By-law, subject to the following conditions:
5
Pending Adoption
Committee of Adjustment
Meeting Minutes
Wednesday, March 7, 2007
7:03 pm
Main Committee Room
1. That these variances apply only to the parking arrangements and proposed
one storey building, as generally sited and outlined on the applicant's
submitted plans with this application.
2. That the applicant obtain Site Plan approval within one year of the date of this
decision, or this decision shall become null and void.
CARRIED UNANIMOUSLY
(IV) ADJOURNMENT
Moved by Kevin Ashe
Seconded by Eric Newton
That the 3rd meeting of the Committee of Adjustment be adjourned at 7:54 pm .
and the next meeting of the. C9mmittee of Adjustment -be held on
Wednesday, March 28, 2007.
CARRIED UNANIMOUSLY
Date
Chair
Assistant Secretary-Treasurer
6
Cil1J 0#
Minutes
WATERFRONT COORDINATING COMMITTEE
March 8, 2007
7:00 pm
Tower Room
Attendees:
Councillor Dickerson
Councillor O'Connell
Craig Bamford
Jim Dike
Steve Holt
Patricia Korol
David Steele
David Stone
Kevin Tower
Doris Chee
Absent:
Mayor Ryan
Linda Roberts
Chandra Gocool
Also Present: Maurice Brenner
1. Welcome & Introductions
An informal introduction by each member to the meeting was
made. Doris Chee, City of Pickering staff representative,
welcomed all to the meeting and introduced herself as the Staff
resource for the Committee and that Linda Roberts is the
Committee Coordinator and minutes recorder. Linda was absent
due to illness. Copies of the meeting agenda, Council's
Resolution for the Waterfront Coordinating Committee, 2007
meeting schedule and current membership list was handed out.
The current membership list was passed around for everyone to
check their information and to make any necessary corrections.
2. Ap roval of Minutes
Minutes from the September 21, 2006 meeting.
Some members were not in attendance for the September
meeting and therefore did not want to vote on the approving of
the minutes. Those that were there voted.
Moved by Jim Dike
Seconded b Councillor O'Connell
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CORP0228-2/02
Carried
3. Work Plan
Doris Chee advised that one of the first tasks for the Committee
was to put together a Work Plan. The Plan is to identify projects
or concerns the Committee wishes to be involved in and be an
advisor to projects that dealt with the City's Waterfront. It was
requested for the members to think about projects for the next
meeting to compile into a Work Plan. The Plan would be
forwarded to Council for approval.
Jim Dike stated that because the City's budget has not been
approved and therefore it is premature to put a Work Plan
together.
Councillor Doug Dickerson stated that Parkland Dedication
Budget is where Waterfront projects can draw from.
Discussion ensued regarding projects that have been identified in
the past and what possible funds were available.
Jim Dike inquired about the Hydro spill and if the City ever
received any compensation. Councillor Dickerson replied that the
settlement from Hydro was to offset staff time in completing the
cleanup and the balance was for use in the Waterfront. He
requested that Doris Chee look into the breakdown of the
settlement and report at the next meeting.
Doris Chee to report
at next meeting.
Craig Bamford reported that Fairport Beach has some funding
that could be tapped into.
Discussion ensued on current and past projects. Some of the
projects discussed were:
-Waterfront Trail- Park To Marksbury currently underway.
-Western Gateway Project - on hold until current discussions
with the City of Toronto is complete.
-Duffin Water Pollution Control Plant expansion at the east end -
staff has been working with the Region and their Consultants on
the plans and is know preparing the land transfer and closures of
roads. The expansion includes realignment of a short portion of
the Waterfront Trail. Approvals of the plans are currently
underway.
-Waterfront Trail Signage - 3 of the 4 signs have been installed
to date. The last sign is to be installed once the Western
Gateway is complete as the si n is to be located within the site.
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Maurice Brenner discussed the Waterfront Regeneration Trust
celebration of its 15th Anniversary which will be held in the fall of
2007. The celebration will have a number of activities and
includes walking, riding., rollerblading, etc. the Waterfront Trail
from the Golden Horseshoe to the border of Quebec. Committee
should look at closing gaps along the City's Waterfront Trail
before the celebration so that Pickering's Waterfront is complete.
Councillor O'Connell suggested that the Committee not use the
City's budget to limit project potentials in the Work Plan. She
suggested being creative in terms of funding and working
towards a framework that is doable in the next 4 years. An
overall vision is what the Committee should strive for.
Councillor Dickerson, Craig Bamford and David Steele discussed
the Waterfront Task Force and the resulting report. The Task
Force identified the concept trails (3), First Nations Trail, Peak
and Monarch. Monarch Trail was to advance the area of the
Frenchman's Bay and its surroundings which included the trail
around the Bay and connecting the two spits.
David Steele provided a discussion on the Frenchman's Bay
Watershed Study.
Councillor Dickerson suggested that Marshall Macklin Monaghan,
the consultants working on the study, be invited to give a status
report. He suggested that this will provide all members with an
understanding of the study and be able to include projects in the
Work Plan.
It was also suggested that the Chair of this Committee write a
letter to the MPP Wayne Arthur to update him on the study and
projects to elicit funding.
Craig Bamford suggested that Marshall Macklin Monaghan
should have a PowerPoint presentation available to showcase
and mobilize the communit before election.
4. Election of Chair
Councillor Dickerson nominated Councillor O'Connell as Chair.
Craig Bamford and David Steele were in agreement that the
Chair should be a member of Council due to the importance of
projects and the interaction involved with Council and politicians.
CORP0228-2/02
Doris Chee to have
report available to
new members before
next meeting
Doris Chee to setup
presentation by
Marshall Macklin
Monaghan
Councillor O'Connell
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It was suggested that Councillor Dickerson be Chair however,
Councillor Dickerson declined due to his time commitment with
the Seaton Lands.
Moved by David Steele
Seconded by Jim Dike
That Councillor O'Connell be made Chair and Councillor
Dickerson be made Vice Chair.
Carried
Councillor Dickerson brought forward the following motion:
Moved by David Steele
Seconded by Craig Bamford
Maurice Brenner be appointed to the Committee as a voting
member due to the fact that Mr. Brenner was the past Chair and
knows the history of Committee and its past accomplishments.
Carried
5. Other Business
University of Toronto
Councillors O'Connell and Dickerson were approached by the
University regarding a graduate program involving the studying of
the Frenchman's Bay. Both Councillors felt it appropriate to bring
this program to the Committee for approval.
David Steele presented to the Committee a description of the
fieldwork to be conducted by Professor Wells and completed by
graduate students during the months of June and July of this
year. The study will complement the Watershed Study that was
discussed earlier. The study will be made available to the City
for reference and information. This program and the study will be
at no cost to the City.
It was also suggested that Council's approval of the program and
study is not necessary if the Committee approves of it.
Steve Holt asked if there were any 'down side' to the program
and study.
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Councillor O'Connell advised that she and Councillor Dickerson
had scrutinized the proposal and asked many questions and
found that there are no 'down side' or 'hook' to the proposal.
Moved by Jim Dike
Seconded by Kevin Tower
That the Waterfront Coordinating Committee approve the
graduate program and study and that the University of Toronto
provide a hard copy of their findings which will be received as
information.
Carried
David Stone asked about the house on the West Spit.
Discussion ensued on the history of the house and the current
status.
Jim Dike inquired if the next Canada Day celebration will be held
in the Bay and not in Kinsmen Park.
Maurice Brenner indicated he would like to have a barge secured
for the celebration in the Bay, which could be used for fireworks.
This would provide a safer venue. There would be more parking
available and more community involvement. He stated we should
encourage the use of trle waterfront. This would open the
waterfront for further events and activities.
The barge is owned by Steve Richardson who has agreed to
donate it for the City's Lise.
Kevin Tower stated the Dragon Boats are involved with
celebrations.
Further discussion ensued on the Frenchman's Bay Festival.
Other suggestions made
. Mardi Gras theme
. Jazz festival on barge
. Timing could be changed
. Vendors for sponsorship
. Fireworks
Councillor Dickerson indicated that it may not happen this year as
there are further discussions needed with the Festival Committee.
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CORP0228-2/02
II~
Councillor O'Connell indicated that the barge is an ideal location
for focal point to be located on the water and open up the
waterfront area to accommodate other community events and
activities. Events such as jazz festivals, bands and performance
on the barge and fireworks in the Bay can be sponsored.
Sponsorship of the barge will mean money for the waterfront.
Patricia Korol inquired if Vendors were permitted. Councillor
Dickerson indicated yes but away from the already existing
commercial areas to avoid competition.
Councillor O'Connell indicated that she will discuss with Ron
Taylor about the expansion to the Duffin Water Pollution Control
Plant and set up a meeting with the consultants to examine the
plans to ensure they are on track with Committee's vision
because with the new Council things may have changed. She
will report back to the Committee.
6. Next Meetin
Doris Chee indicated that at the next meeting the Work Plan will
be discussed. The Terms of Reference for this Committee will
also be available next meeting and the terms could be adjusted
to suit the Committee's needs.
David Stone noted that he will be unable to attend the April, June
and October meetings as scheduled.
Councillors O'Connell and Dickerson also will not be able to
attend the April meeting as scheduled.
It was decided that the April 19th meeting be moved to April 26th
at the same time.
Craig Bamford suggested that other members of the community
that have an interest in the Waterfront should be invited to future
meetings. Some of these members had representation in
previous years: TRCA, OPG, Pickering Harbour Company,
Region of Durham (DWPCP), etc. That a bigger meeting room
should be used if other Public groups are to join the Committee
meetings. It was agreed that invitations should be sent out.
The next meeting will be held on April 26th, at 7 pm in the Main
Committee Room.
CORP0228-2/02
Councillor O'Connell
to discuss with R.
Taylor and set up
meeting.
Linda Roberts to
confirm date and
meeting room.
Linda Roberts to
send invitation to
past represented
groups.
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