HomeMy WebLinkAboutNovember 19, 2007
Council Meeting Minutes
Monday, November 19,2007
7:30 PM
Council Chambers
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
T. Melymuk
G. Paterson
A. Allison
D. Wilcox
D. Shields
- Chief Administrative Officer
- Director, Operations & Emergency Services
- Director, Planning & Development
- Director, Office of Sustainability
- Director, Corporate Services & Treasurer
- City Solicitor
- City Clerk
- Deputy Clerk
(I) INVOCATION
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) DISCLOSURE OF INTEREST
1. Councillor Johnson made a declaration of interest under the Municipal Conflict of
Interest Act with respect to the Notice of Motion regarding the Reimbursement of
Legal Fees as he felt the decision regarding this motion would have a direct
impact on a possible legal matter he could have in the future. Councillor
Johnson did not take part in the discussion or vote on the matter.
(III) ADOPTION OF MINUTES
Moved by Councillor Johnson
Seconded by Councillor McLean
Council Meeting Minutes
Monday, November 19,2007
7:30 PM
Council Chambers
Council Meeting Minutes September 17, 2007
Special Council Meeting Minutes October 1, 2007
In Camera Council Minutes, October 1,2007
Planning & Development Committee Minutes October 1, 2007
Special Council Meeting Minutes October 9, 2007
In Camera Council Minutes, October 9,2007
Executive Committee Minutes, October 9, 2007
CARRIED
(IV) PRESENTATIONS
1. Rick Johnson, Regional Councillor, Ward 3
Re: Herizon House donation
Councillor Johnson presented a donation in the amount of $10,000.00 to Herizon
House obtained through fundraising initiatives.
V) DELEGATIONS
1. Representatives of
Durham West Girls Hockey Association and
Bell Community Sport Fund
Wil Gonidis a representative of the Bell Community Sport Fund appeared before
Council to present a $5,000.00 Grant to Patty Davis of the Durham West Girls
Hockey Association. Ms. Davis stated that the funds would be used for girls that
wanted to play hockey but needed some financial assistance.
2. Dale Goldhawk
Re: Reimbursement of Leqal Fees - Maurice Brenner
Dale Goldhawk, a resident of Pickering, appeared before Council to clarify
questions and to reiterate his role regarding the invoices relating to Maurice
Brenner.
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(VI) CORRESPONDENCE
1. CORR. 54-07
GEORGE S. GRAHAM, AMCT, CMC
CLERK-ADMINISTRATOR
TOWNSHIP OF BROCK
1 Cameron Street East, Box 10
Canninqton, ON LOE 1 EO
Resolution #209/07
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That CORR. 54-07 from George S. Graham, Clerk-Administrator, Township of
Brock, requesting support of their resolution passed on September 10, 2007
regarding their request of the Ministry of the Environment to adhere to the
recommendations of its own Panel of Experts by acknowledging paper fibre
biosolids as a waste, by removing the exemption status for Sound-sorb and
Nitro-sorb and by imposing the recommended regulatory control of a Certificate
of Approval or legal instrument that provides equal or better protection for human
health and the environment, be received for information.
CARRIED
2. CORR. 55-07
BONNIE JEAN ADAMS
REGULATORY COORDINATOR
ENBRIDGE
500 Consumers Road
North York, ON M2J 1 P8
Resolution #210/07
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That CORR. 55-07 from Bonnie Jean Adams, Regulatory Coordinator,
Enbridge, attaching a copy of the Notice and Application filed by Enbridge Gas
Distribution Inc. on September 28,2007 be received for information.
CARRIED
Council Meeting Minutes
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Council Chambers
3. CORR. 56-07
COUNCILLOR BILL MCLEAN
REGIONAL COUNCILLOR - WARD 2
CITY OF PICKERING
Resolution #211/07
Moved by Councillor McLean
Seconded by Councillor O'Connell
That CORR. 56-07 from Councillor Bill McLean, Regional Councillor, Ward 2,
with regards to the guidelines for the allocation of funds from the City of
Pickering in conjunction with Bell True Sport Organization be received for
information.
CARRIED
(VII) COMMITTEE REPORTS
a) REPORT PO 2007-06 OF THE PLANNING & DEVELOPMENT COMMITTEE
1. Director, Planning & Development, Report PO 28-07
Fairport Developments Inc.
Plan of Subdivision 40M-1554
Jameton Limited
Plan of Subdivision 40M-1640
Cougs Investments Ltd.
Plan of Subdivision 40M-1671
Cougs Investments Ltd.
Plan of Subdivision 40M-1721
Final Assumption of Plans of Subdivision
COUNCIL DECISION
1. That Report PO 28-07 of the Director, Planning & Development regarding the
Assumption of Plans 40M-1554, 40M-1640, 40M-1671 and 40M-1721, be
received;
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2. That the highway being Baylawn Drive within Plans 40M-1554, 40M-1640 and
40M-1671 be assumed for public use;
3. That the highway being Primrose Court within Plan 40M-1721 be assumed
for public use;
4. That the services required by the Subdivision Agreements relating to
Plans 40M-1554, 40M-1640, 40M-1B71 and 40M-1721, which are
constructed, installed or located on lands dedicated to, or owned by the City,
or on lands lying immediately adjacent thereto, including lands that are
subject to easements transferred to the City, be accepted and assumed for
maintenance, save and except from Blocks 21 and 22, Plan 40M-1554, Block
11, Plan 40M-1640, Blocks 33 and 34, Plan 40M-1671 and Blocks 41,42 and
43, Plan 40M-1721;
5. That the Subdivision Agreements and any amendments thereto relating to
Plans 40M-1554, 40M-1640, 40M-1671 and 40M-1721, be released and
removed from title; and
6. That Council enact a By-law to dedicate Block 10, Plan 40M-1640 as public
highway.
2. Director, Planning & Development, Report PO :32-07
Dunbarton Village Zoning Review
Request for Professional Consulting Services
Authorization to Host Public Meetinqs
COUNCIL DECISION
1. That Report PO 32-07 of the Director, Planning & Development, regarding
the Dunbarton Village Zoning Review be received;
2. That Council authorize staff to seek three written quotations from
professional planning consultants to assist staff in the Dunbarton Village
Zoning Review;
3. That appropriate City officials be authorized to hire a consultant to undertake
the work program outlined in Report PD 32-07 of the Director, Planning &
Development to an up set limit of $15,000 (excluding GST); and
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4. Further, that City Council authorize the Planning & Development Department
to advertise and host both Planning Act required meetings (Public
Information Meeting and a Statutory Public Meeting) for a zoning by-law
amendment that would relate to the zoning review for Dunbarton Village.
3. Director, Planning & Development, Report PO :33-07
Zoning By-law Amendment Application A 5/07
N. & N. Picciolo
1475 Altona Road
(Part of Lot 33, Plan 228)
City of Pickerinq
COUNCIL DECISION
1. That Zoning By-law Amendment Application A 5/07 submitted by Antonino &
Nancy Picciolo to amend the zoning of the subject property to an 'R4' -
Fourth Density Residential zone in order to permit the creation of two lots
with minimum frontage of 15.0 metres on lands being Part of Lot 33, Plan
228, City of Pickering, be approved; and
2. That the amending zoning by-law to implement Zoning By-law Amendment
Application A 5/07, as set out in Appendix I to Report PO 33-07 be forwarded
to City Council for enactment.
Resolution #212/07
Moved by Councillor McLean
Seconded by Councillor Pickles
That the Report of the Planning Committee PI) 2007-06, dated November 5,
2007, be adopted.
CARRIED
b) REPORT EC 2007-11 OF THE EXECUTIVE COMMITTEE
1. Director, Corporate Services & Treasurer, Confidential Report CS 47-07
OPG and Hvdro One Assessment Appeals
COUNCIL DECISION
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That the recommendation as contained in Confidential Report CS 47-07 of the
Director, Corporate Services & Treasurer be approved
2. Director, Corporate Services & Treasurer, Report CS 51-07
2007 Year End Audit
COUNCIL DECISION
1. That the Audit Plan as submitted by Dl310itte & Touche LLP, included as
Attachment 1 to this report be received for information; and,
2. That the Chief Administrative Officer and the Director, Corporate Services &
Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of
the City.
3. Director, Corporate Services & Treasurer, Report CS 50-07
Response to Executive Committee Requests for Information
With Respect to the 2006 Audit
COUNCIL DECISION
That Report CS 50-07 of the Director, Corporate Services & Treasurer regarding
the Response to Executive Committee Requests for Information with respect to the
2006 Audit be received for information.
4. Director, Corporate Services & Treasurer, Report CS 52-07
Summary of Internal Audit Results to Date
COUNCIL DECISION
That Report CS 52-07 of the Director, Corporate Services & Treasurer regarding
summary of internal audit results to date be received for information.
5. Director, Corporate Services & Treasurer, Report CS 53-07
2008 - 2010 Internal Audit Work Plan
COUNCIL DECISION
That Report CS 53-07 from the Director, Corporate Services & Treasurer
regarding the 2008 - 2010 Internal Audit Work Plan be approved.
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7. Director, Corporate Services & Treasurer, Report CS 46-07
2008 Standinq Committee and Council Meetinq Schedule
COUNCIL DECISION
1. That Report CS 46-07 of the Director, Corporate Services & Treasurer be
received;
2. That the 2008 Standing Committee and Council Meeting Schedule included
as Attachment 1 to this report be approved; and
3. That the City Clerk be given authority to give effect thereto.
8. Director, Corporate Services & Treasurer, Report CS 49-07
Municipal Statute Law Amendment Act, 2006 (Bill 130)
- Closed Meetinq Investiqator
COUNCIL DECISION
1. That Report CS 49-07, of the Director, Corporate Services & Treasurer be
received;
2. That Council authorize staff to advise lthe Ministry of Municipal Affairs &
Housing that they will not be appointing a meetings investigator in
accordance with Section 239.2 (1) of the Municipal Act, 2001 at this time, and
will rely on the Provincial Ombudsman;
3. That staff monitor the Closed Meetings Investigator service delivery
experiences of other municipalities over the next year and report back to
Council by no later than December 1, 2008; and
4. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
9. Director, Operations & Emergency Services, Report OES 41-07
Tender No. T-10-2007 - Playqround Construcbon
COUNCIL DECISION
1. That Report OES 41-07 of the Director, Operations & Emergency Services
regarding Sunbird Trail Park Development and Whites Road Bus Loop
Plantings and playground construction, playground equipment, and safety
surface material be received;
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2. That Tender No. T -10-2007 as submitted by Colpac Construction Inc. for
playground construction in the amount of $38,099.00 (excluding GST) be
accepted;
3. That the total estimated project cost of $400,000 (excluding GST), be
accepted;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the estimated total project cost in the amount of $400,000 as follows:
a) the sum of $216,315 be funded from the Development Charges
Reserve Fund - Parks;
b) the sum of $36,685 be funded from the City's Share - Development
Charges (DC) Reserve;
c) the sum of $147,000 be funded from Parkland Reserve Fund
d) the Treasurer is authorized to take any actions necessary in order to
effect the foregoing; and
5. Further, that the appropriate officials of the City of Pickering be authorized to
take the necessary actions to give effect thereto.
Resolution #213/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
That the Report of the Executive Committee EC 2007-10, dated November 12,
2007, be adopted save and except Item 6 and 10.
CARRIED
6. Director, Corporate Services & Treasurer, Report CS 30-07
Council Compensation Policv
Resolution #214/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
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1. That Report CS 30-07 of the Director, Corporate Services & Treasurer be
received;
2. That the Council Compensation Policy, included as Attachment #1 to this report
be approved and By-law No. 5992/02, as amended, be repealed; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
CARRIED LATER IN
THE MEETING
(See Following Motion)
Resolution #215/07
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That Section 06.02 b) of the Council Compensation Policy, included as Attachment
#1, be amended to read as follows:
06.02 b) Charges for the use of an Internet Service Provider by Councillors shall
also be reimbursed for two locations only.
CARRIED ON A
RECORDED VOTE
YES
NO
Councillor Dickerson
Councillor Johnson
Councillor O'Connell
Councillor Pickles
Councillor Littley
Mayor Ryan
Councillor McLean absent for the vote.
10. Director, Operations & Emergency Services, Report OES 29-07
Pesticide Use By-law
Resolution #216/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
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1. That Report OES 29-07 of the Director, Operations & Emergency Services
be received;
2. That City staff organize, advertise and facilitate a public consultation process
as set out in this report for the draft "Pesticide Use By-law";
3. That City staff expand the social marketing & public education program
pertaining to the draft "Pesticide Use By-law";
4. That local retailers be requested to offer more alternatives to pesticides that
are clearly and prominently displayed within the store;
5. That upon presentation of the by-law, that the effective date in the by-law be
March 25, 2008 as it relates to commercial applicators; and
6. That a communication strategy be implemented immediately to put the
general public, providers and retailers on notice that a by-law banning the use
of pesticides in the City of Pickering could be in effect as soon as March 25,
2008 for commercial applicators and January 1, 2009 for individual uses.
DIVIDED MOTION
CARRIED LATER IN
THE MEETING
(See Following Motions)
Resolution #217/07
Moved by Councillor Littley
Seconded by Councillor Johnson
That the main motion be divided in order to deal with Item #'s 1 - 4 separately
from the main motion.
CARRIED
Resolution #218/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
1. That Report OES 29-07 of the Director, Operations & Emergency Services
bl3 received;
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2. That City staff organize, advertise and facilitate a public consultation process
as set out in this report for the draft "Pesticide Use By-law";
4. That City staff expand the social marketing & public education program
pertaining to the draft "Pesticide Use By-law";
4. That local retailers be requested to offer more alternatives to pesticides that
are clearly and prominently displayed within the store;
CARRIED
Resolution #219/07
Moved by Councillor Littley
Seconded by Councillor Johnson
That Item #5 of the main motion be deleted in its entirety and Item 6 be re-
numbered to Item 5 and amended to read as follows:
5. That a communication strategy be implemented immediately to put the
general public, providers and retailers on notice that a by-law banning the use
of pesticides in the City of Pickering is being consider for effect.
MOTION DEFEATED ON
A RECORDED VOTE
YES
NO
Councillor Johnson
Councillor Littley
Councillor Dickerson
Councillor McLean
Councillor O'Connell
Councillor Pickles
Mayor Ryan
Resolution #220/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
5. That upon presentation of the by-law, that the effective date in the by-law be
March 25, 2008 as it relates to commercial applicators; and
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6. That a communication strategy be implemented immediately to put the
general public, providers and retailers on notice that a by-law banning the use
of pesticides in the City of Pickering could be in effect as soon as march 25,
2008 for commercial applicators and January 1, 2009 for individual uses.
MOTION CARRIED ON
A RECORDED VOTE
YES
NO
Councillor Dickerson
Councillor Johnson
Councillor McLean
Councillor O'Connell
Councillor Pickles
Mayor Ryan
Councillor Littley
The main motion was then CARRIED.
(VIII) NOTICES OF MOTION
1. Request of Maurice Brenner
Reimbursement of Leqal Fees
General discussion ensued on this matter.
Resolution #221/07
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
That the Council of the City of Pickering hereby authorize the reimbursement of
legal fees in the amount of $49,662.96, payable to lain J. Donnell, Barristers,
Solicitors, Notaries Public, as per the request of Maurice Brenner dated July 9,
2007; and,
That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
MOTION DEFEATED
LATER IN THE MEETING
ON A RECORDED VOTE
(See Following Motions)
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Resolution #222/07
Moved by Councillor Pickles
Seconded by Councillor Dickerson
That the main motion be amended by adding the following clause:
That the City Solicitor, in conjunction with the Chief Administrative Officer,
process the reimbursement of the legal fees, only after receipt of appropriate
supporting documentation and a waiver/release acceptable to the City Solicitor.
CARRIED ON A
RECORDED VOTE
YES
NO
Councillor Littley
Councillor McLean
Councillor O'Connell
Councillor Pickles
Councillor Dickerson
Mayor Ryan
Resolution #223/07
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That the Notice of Motion with respect to the request of Maurice Brenner to
reimburse legal fees be tabled.
MOTION TIED
AND DEFEATED
ON A RECORDED VOTE
YES
NO
Councillor Dickerson
Councillor O'Connell
Councillor Pickles
Councillor LiWey
Councillor McLean
Mayor Ryan
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The main motion of Councillor Dickerson and Councillor O'Connell (#221/07) was then
put to a vote and defeated on a recorded vote as follows:
YES
NO
Councillor O'Connell
Councillor Pickles
Councillor Dickerson
Councillor Littley
Councillor Mclean
Mayor Ryan
(IX) BY-LAWS
6813/07
Being a by-law to appoint By-law Enforcement Officers for the purpose of
enforcing parking restrictions on private property.
6814/07
Being a by-law to dedicate Block 10, Plan 40M-1640, Pickering, as public
highway (Fairport Road)
6815/07
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering, Region in
Durham, in Part of lot 33, Plan 228, in the City of Pickering (A 05/07)
THIRD READING:
Councillor Johnson, seconded by Councillor Dickerson, moved that By-law Numbers
6813/07 to 6815, be adopted, and the said by-laws be now read a third time and passed
and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed
thereto.
CARRIED
(X) OTHER BUSINESS
1. Councillor O'Connell gave notice that she would be bringing forward two Notices
of Motion at the next regular meeting of Council regarding the Seaton lands and
future development;and the review of rail systems in urban areas in the City of
Pickering.
2. Councillor Mclean requested that staff send all information regarding the City of
Pickering's position on Liverpool Road and the 401 to the new Minister of
Transportation.
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(XII) CONFIRMATION BY-LAW
By-law Number 6816/07
Councillor Johnson, seconded by Councillor Dickerson, 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
November 19, 2007.
CARRIED
(XIII) ADJOURNMENT
The meeting adjourned at 9:50 pm.
DATED this 19th day of November, 2007
MAYOR DAVID RYAN
DEBI A. WILCOX
CITY CLERK
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