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HomeMy WebLinkAboutFebruary 17, 2003 Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson 1. Melymuk B. Taylor D.Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Projects & Policy - Division Head, Corporate Projects & Policy - City Clerk - Committee Coordinator ADOPTION OF MINUTES Regular Meeting of February 3, 2003 Special Meeting of February 3, 2003 DELEGATIONS (II) 1. Bruce Flattery, 2475 Altona Road, addressed Council with respect to the Growth Management Study, suggesting that a farmer be added to the Steering Committee. 2. John Wiersma, President and CEO of Veridian Corporation, addressed Council with respect to Veridian operating on a for-profit basis. - 1 - Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. III RESOLUTIONS Resolution #15/03 - Appendix #1 Moved by Councillor Johnson Seconded by Councillor McLean That the Report of the Finance & Operations Committee dated January 27, 2003, be adopted. CARRIED Recorded Vote on Item #1: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #16/03 - Appendix #11 Moved by Councillor Ryan Seconded by Councillor Johnson That the Report of the Planning Committee dated February 10, 2003, be adopted. CARRIED Resolution #17/03 - Appendix #111 Moved by Councillor Pickles Seconded by Councillor Brenner That the Report of the Committee of the Whole dated February 10, 2003, be adopted. CARRIED - 2 - Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. Resolution #18/03 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Report Number CAO 02-03 concerning the Consultant Selection for Pickering's Growth Management Study for the Seaton & Agricultural Assembly Lands, be received; and 2. That in response to the City's RFP-9-2002, that the Proposal submitted by Dillon Consulting Limited, in association with Sorenson Gravely Lowes Planning Associates, Hough Woodland Naylor Dance Leinster, Joseph Bogdan & Associates, D. R. Poulton & Associations, AgPlan, LaPointe Consulting Inc., Dr. Nick Eyles, Enid Slack Consulting, and Andre Scheinman, dated January 24, 2003, in the amount of $497,176.00 including GST be approved; and 3. That appropriate City of Pickering officials be authorized to enter into any agreements to give effect thereto; and 4. That Council appoint Ward 3 Councillor Pickles to the Steering Committee of the Growth Management Study; and 5. That the City Clerk forward for information a copy of Report Number CAO 02-03 to the Ministry of Municipal Affairs and Housing, the Region of Durham, and the Toronto and Region Conservation Authority, and members of the Working Group. CARRIED Council considered the following motion in conjunction with the above resolution: Resolution #18/03(.!.l Moved by Councillor Pickles Seconded by Councillor Johnson That Mr. Bob Reesor be added as a member of the Steering Committee. LOST - 3- Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. Resolution #19/03 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Report CS 13-03 of the Director, Corporate Services & Treasurer concerning APTA Bus Purchase, be received; and 2. That Council provide pre budget approval for Ajax Pickering Transit Authority to purchase three (3) replacement buses from Orion bus industries, which the City of Pickering will fund, to an upset limit of $772,500; and 3. That funding in the City's 2003 Current Budget for the above acquisitions be as follows: Ontario Transit Renewal Reserve Fund Transit Capital Reserve $257,500 $515,000 4. That the appropriate officials of the City of Pickering be authorized to give effect thereto. CARRIED Resolution #20/03 Moved by Councillor Holland Seconded by Councillor Brenner That Mayor Arthurs be authorized to make the following proclamations: "Pharmacy Awareness Week" - March 3-9, 2003 "Epilepsy Awareness Day" - March 12, 2003 CARRIED -4- Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. Resolution #21/03 Moved by Councillor Ryan Seconded by Councillor Brenner 1. That Report OES 07-03 regarding rear yard drainage on Baylawn Drive and Primrose Court, be received; and 2. That copies of the report dated January 2003 prepared by Sernas Associates called "Baylawn Drive, Lots 1 to 4 Rear Yard Drainage" be supplied to the affected lots; and 3. That the affected property owners be advised that the City of Pickering is prepared to coordinate and implement the recommended improvements at the City's cost in an attempt to reduce and mitigate the ongoing drainage concerns on private property. CARRIED Resolution #22/03 Moved by Councillor McLean Seconded by Councillor Johnson That the letter dated January 25, 2003 from the Chair of the Pickering Museum Village Foundation regarding the proposed contracts for the move of the drive shed at the Museum be received; and That the bid submitted by Claremont Snow Removal Services to relocate the drive shed at the Museum in the amount of $8,900 plus GST be approved; and That staff be authorized to proceed with the work immediately with the total cost of the work to be reimbursed by the Pickering Museum Village Foundation. CARRIED -5- Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. !nO I3Y-I-AWS That Councilor Johnson, seconded by Councilor Brenner, took leave to introduce by-laws of the City of Pickering: By-law Number 6091/03 Being a by-law to provide for early voting and reduced hours of voting in institutions and retirement homes on Voting Day. By-law Number 6092/03 Being a by-law to provide for advance votes to be held prior to the 2003 Voting Day. By-law Number 6093/03 Being a by-law to amend by-law 4888/96 to authorize the use of touch-screen voting equipment, in addition to optical scanning vote tabulators. By-law Number 6100/03 Being a by-law to dedicate that part of Lot 7, Registered Plan 489, Pickering, designated as Part 2, Plan 40R-21702 as public highway. By-law Number 6101/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd., 1345 Altona Rd., 963- 979 Brock Road, 855 Brock Road, 1735 Bayly St., 1734, 1736, 1738, 1739 Orangebrook Court, 1655 Feldspar Court, 1840, 1842 Clements Road and 895 Sandy Beach Road). By-law Number 6102/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2024/85 & 2099/85, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering. (A 18/02) CARRIED - 6- Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. THIRD READING: Councilor Johnson, seconded by Councilor Brenner, moved that the report of the Committee of the Whole on By-law Numbers 6091/03, 6092/03, 6093/03, 6100/03, 6101/03 and 6102/03, 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 v OTHER BUSINESS 1. Councillor Holland advised that over eighty municipalities have responded in support of the resolution passed by City of Pickering Council with respect to the Emerald Ash Borer. 2. Councillor Holland further advised that he and Councillor Brenner put forward a motion at the Regional Council Meeting with respect to waste diversion which carried unanimously. 3. Councillor Holland commented on the Ontario Municipal Board decision not to award costs to the Pickering Harbour Company with respect to their appeal. 4. Councillor Johnson indicated his intention to invite the Regional Works Director to attend a Finance & Operations Meeting to discuss the forecast for road works within Pickering. 5. Councillor Johnson advised of his re-election as Chair of the Central Lake Ontario Conservation Authority and also that a Directors Information package has been development and will be available on the Web. 6. Councillor Johnson suggested a review of purchasing digital surveillance equipment for security purposes. 7. Councillor Johnson commented on the great success of the 20th Annual Claremont Winter Carnival and advised of the communities intention to raise funds for construction of a roof over the outdoor ice rink. 8. Councillor Ryan thanked Councillors Brenner and Holland for their work at the Region of Durham on the Waste Diversion Resolution. - 7- Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. 9. Councillor McLean gave notice of a motion concerning photo radar. 10. Councillor McLean thanked MDK Electric on their presentation of the new defibulator. 11. Councillor McLean inquired into parking for the disabled and requested that a review be undertaken to ensure proper painting, signage and enforcement is in place. 12. The following matters were discussed prior to the regular meeting: a. The Chief Administrative Officer distributed correspondence concerning the Ontario Municipal Boards decision with respect to the Pickering Harbour Company, correspondence with respect to the Pickering Markets, and a memo concerning moving the drive shed at the Pickering Museum Village. b. Mayor Arthurs spoke briefly concerning a meeting with Durham Regional Police with respect to protocol on communication. VI CONFIRMATION BY-LAW By-law Number 6103/03 Councilor Johnson, seconded by Councilor Holland, 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 Special Meeting of February 3, 2003 and Regular Meeting of February 17, 2003. CARRIED - 8- - Council Meeting Minutes Monday, February 17, 2003 7:30 p.m. VII ADJOURNMENT The Meeting adjourned at 9:44 p.m. DATED ?ilwt.. ~/o3 -. - - 9- ~~ MAYOR .¿ tf'/ ~l~ CLERK Appendix I Finance & Operations Committee Report FOC 2003-01 That the Finance & Operations Committee of the City of Pickering having met on January 27,2003 presents its second report to Council and recommends: 1. CORPORATE SERVICES REPORT CS 07-03 VERIDIAN CORPORATION 1. That Report CS 07-03 of the Director, Corporate Services regarding Veridian Corporation be received; and 2. That the Council of the City of Pickering confirm that Veridian Corporation and its wholly owned subsidiaries continue to operate on a for-profit basis; and that Veridian be requested to develop a communication strategy to make the public aware of the concept of operating on a for-profit basis; and 3. That the attached Resolution (see Attachment 1) be passed by the Council of the City of Pickering, and the Mayor and the Clerk of the City of Pickering be authorized to execute the attached Certificate of Passing of Resolution (see Attachment 2) and to take any other actions necessary as required to give effect to the direction of Council; and 4. That the appropriate officials be given authority to give effect thereto. 2. CORPORATE SERVICES REPORT CS 07-03 VERIDIAN CORPORATION WHEREAS Section 142 of the Electricity Act, 1998, required municipalities to convert their existing hydro-electric commissions into corporations incorporated under the Business Corporations Act (Ontario) before November 7,2000; and WHEREAS the Council of the Corporation of the City of Pickering, together with the Councils of the Corporation of the Municipality of Clarington and the Corporation of the Town of Ajax, after significant negotiation and review, decided to merge their hydro-electric commissions and to form Veridian Corporation and its subsidiaries to effect such merger; and WHEREAS Veridian Corporation and its subsidiaries, Veridian Connections Inc. and Veridian Energy Inc., were incorporated under the Business Corporations Act, - 10- Appendix I Finance & Operations Committee Report FOC 2003-01 (Ontario), as required pursuant to Section 142 of the Electricity Act, 1998 and were established effective as of November 1, 1999; and WHEREAS subsequent to the formation of Veridian Corporation and its subsidiaries, and with the approval of the Ontario Energy Board, Veridian Corporation and its subsidiaries acquired the electricity distribution systems and related assets of the successor corporations to Brock Hydro-Electric Commission, Port Hope Hydro-Electric Commission and Uxbridge Hydro-Electric Commission; and WHEREAS Veridian Corporation and its subsidiaries, with the approval of the Ontario Energy Board, merged with the successor corporations of the Belleville electricity distribution and retail businesses effective September 28, 2001; and WHEREAS Veridian Corporation is owned by the municipalities of Ajax, Belleville, Clarington and Pickering and Veridian Corporation and its subsidiaries continue to operate as a highly efficient utility for the benefit of the electricity customers and taxpayers of Ajax, Belleville, Clarington and Pickering; and WHEREAS on December 9,2002 Bill 210, the Electricity Pricing, Conservation and Supply Act, 2002 (lithe Act") received third reading, Royal Assent and came into force; and WHEREAS the Act amends the Electricity Act, 1998, by adding Section 159.1, which provides that each municipality that beneficially owns voting securities in a corporation incorporated under Section 142 of the Electricity Act, 1998, and that is licensed under the Ontario Energy Board Act, 1998 to distribute electricity, may within 90 days after Section 159.1 comes into force, pass a resolution affirming that the corporation should continue to be incorporated as provided in Section 142(1) of the Electricity Act, 1998; and WHEREAS the Act also provides several consequences of failure to pass the required resolution and submit the necessary certificate certifying the passing of the resolution, which consequences include a prohibition against declaring or paying dividends for the benefit of any person; a prohibition against any disposition of the assets or liabilities of the electricity distribution corporation; prohibitions against entering into certain contractual arrangements; and an application being deemed to have been made to the Ontario Energy Board for a rate order the incorporates a 0% return on common equity which effectively converts the distribution corporation into a not-for-profit business; and - 11 - Appendix I Finance & Operations Committee Report FOC 2003-01 WHEREAS Veridian Connections Inc. is a licensed electricity distributor that was incorporated as provided in Section 142(1) of the Electricity Act, 1998 and is owned by the municipalities of Ajax, Belleville, Clarington and Pickering, through their direct ownership of Veridian Corporation, the parent corporation of Veridian Connections Inc.; and WHEREAS the ownership of Veridian Connections Inc. has consistently ensured that the electricity customers and taxpayers of Ajax, Belleville, Clarington and Pickering receive efficient electrical services at competitive rates. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Pickering affirms that Veridian Corporation and its wholly-owned subsidiaries Veridian Connections Inc., an electricity distributor licensed under the Ontario Energy Board Act, 1998 and Veridian Energy Inc., its affiliate should each continue to be incorporated as a corporation under the Business Corporations Act (Ontario) as provided in Subsection 142(1) of the Electricity Act, 1998 and to operate on a for-profit basis; and THAT the Mayor and Clerk are authorized to prepare and file with the Minister of Energy the necessary certificate required under Section 159.1 of the Electricity Act, 1998 as provided for in the Act. - 12- Appendix II Planning Committee Report PC 2003-2 That the Planning Committee of the City of Pickering having met on February 10, 2003 presents its second report to Council: 1. PLANNING & DEVELOPMENT REPORT PD 08-03 ZONING BY-LAW AMENDMENT APPLICATION A 10/02 CENTURY GOLD PINS LTD. 950 SHEPPARD AVENUE PART LOT 26. B.F.C.. RANGE 3 1. That Zoning By-law Amendment Application A 10/02, be APPROVED AS REVISED, subject to the conditions outlined in Appendix I to Report No. PD 08-03 to permit additional retail and commercial uses, submitted by Century Gold Pins Ltd., for 950 Sheppard Avenue, being Part of Lot 26, B.F.C., Range 3, City of Pickering. 2. PLANNING & DEVELOPMENT REPORT PD 07-03 ZONING BY-LAW AMENDMENT APPLICATION A 18/02 SANDREA BARRETT 1626 MCBRADY CRESCENT (PART OF LOTS 102 & 103, PLAN 40M-1380) (PART 10. 4Q.R-9291) 1. That Zoning By-law Amendment Application A 18/02, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 07-03, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by Sandrea Barrett, on lands being Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 18/02, as set out in Appendix I to Report Number PD 07-03 be forwarded to City Council for enactment. - 13- Appendix II Planning Committee Report PC 2003-2 3. PLANNING & DEVELOPMENT REPORT PD 09-03 DISPOSAL OF LANDS BLOCKS 7,8 AND 9, PLAN 40M-1599, PICKERING (GLEN~ COURT) 1. That Council: a) authorize a City-initiated Minor Variance Application on Block 7, Plan 40M- 1599, to permit the construction of a pair of semi-detached dwellings; and b) declare the land described as that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX surplus to the needs of the Corporation for the purpose of sale; and c) declare the lands described as those parts of Block 7, Plan 40M-1599, designated as Parts 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan 40M-1599 surplus to the needs of the Corporation and authorize their conveyance as follows: (i) Part 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to the north for nominal consideration; and (ii) Part 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to the south for nominal consideration; and d) authorize that the adjacent landowners be given a first right of refusal to purchase that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX and in the event their right is not exercised or any submitted offer refused, authorize the sale of the Part 1 lands via the Public Tender process or on the open market in accordance with the City's procedures to regulate the sale of municipal real property as set out in By-law 5627/00; and e) authorize the Mayor and Clerk to execute all documentation necessary to effect the conveyances and any required easements. - 14- Appendix III Committee of the Whole Report COW 2003-2 That the Committee of the Whole of the City of Pickering having met on February 10, 2003, presents its second report to Council and recommends: 1. PROCLAMATIONS RED CROSS MONTH - MARCH, 2003 NUTRITION MONTH - MARCH. 2003 That Mayor Arthurs be authorized to make the following proclamations: "Red Cross Month" - March, 2003 "Nutrition Month" - March, 2003 - 15-