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HomeMy WebLinkAboutJune 23, 2003 Council Meeting Minutes Monday, June 23, 2003 3:31 PM 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 B. Taylor L. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Manager, Development Review - Committee Coordinator ADOPTION OF MINUTES Regular Minutes of June 16, 2003, were adopted with the following amendment to the first delegation: That a further presentation was made to the Maillet family of $500.00. CARRIED ~ 1. Gary Templeton, Planning Consultant, stated their agreement with the recommendations of staff in the report respecting Zoning By-law Amendment Application A 24/01 and advised of their presence to answer any questions. - 1 - Council Meeting Minutes Monday, June 23,2003 3:31 PM 2. Bob Blomsma, 1995 Royal Road, Unit 122, advised that the above ground parking and the driveway to the underground parking will have an adverse affect on the residents backing on to this site. He requested assurance that the trees on the property next to their development would be preserved and also requested that the proposed parking be moved from the property line. He stated his concern with respect to traffic and questioned the price range and design of the units. 3. Jim Me I off, 1995 Royal Road, Unit 114, stated his concern with respect to increased traffic using Brock Road and those using Royal Road as a short cut to Brock Road. 4. lrona Fraser, 1995 Royal Road, Unit 119, advised that her unit backs onto this property and she questioned how far the proposed units will be from their property line. She asked if the developer could straighten out the driveway. Elizabeth Lewis, 1995 Royal Road, Unit 139, stated her concern with respect to traffic on Royal Road and questioned if speed bumps could be considered. 5. 6. Gary Templeton, Planning Consultant, advised that the fencing and vegetation issues will be addressed at Site Plan, that the curved drive is not conducive to speeding and that screening will minimize the noise from the parking area. He further advised that a traffic study has been completed and provides solutions to the traffic matters. He stated that at the present time the unit price is not finalized but emphasized the high quality of product built by Cougs Investments Ltd. II RESOLUTIONS Resolution #102/03 Moved by Councillor Ryan Seconded by Councillor Holland 1. That Zoning By-law Amendment Application A 24/01, be APPROVED subject to conditions outlined in Appendix I to Report Number PD 27-03, to permit the development of an apartment building and townhouses on the subject lands being Part of Lot 19, Concession 1, City of Pickering, submitted by Cougs Investments Limited. -2- Council Meeting Minutes Monday, June 23, 2003 3:31 PM 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 24/01, as set out in draft in Appendix II to Report Number PD 27- 03, be FORWARDED to City Council for enactment. CARRIED Resolution #103/03 Moved by Councillor Holland Seconded by Councillor Johnson 1. That Zoning By-law Amendment Application A 3103, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 26-03, to amend the zoning of the lands to allow for a building to be constructed outside of the "Build-to- Zone" and provide a revised parking ratio, submitted by Dineen Construction Limited, on behalf of the owner, Emix Holding Limited, on lands being Part of Lot 234, Concession 1 (40R-12678, Parts 6 to 9), City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 3/03, as set out in Appendix I to Report Number PD 26-03 be FORWARDED to City Council for enactment. 3. That Council direct staff to obtain a financial contribution toward future road construction within or adjacent to the subject property through the Site Plan Approval process. CARRIED Resolution #104/03 - Appendix I Moved by Councillor Holland Seconded by Councillor Ryan That the Report of the Finance & Operations Committee dated June 23, 2003, be adopted. CARRIED -3- Council Meeting Minutes Monday, June 23, 2003 3:31 PM Resolution #105/03 Moved by Councillor Ryan Seconded by Councillor McLean 1. That Report CS 30-03 of the Director, Corporate Services & Treasurer concerning 2003 Tax Rates, be received; and 2. That the 2003 tax rates for the City of Pickering, be approved as contained in Schedule A to By-law No. 6160/03 attached hereto; and 3. That the tax levy due dates for the Final Billing be August 15, 2003 and September 26, 2003 excluding the industrial, multi-residential and commercial realty tax classes; and 4. That the attached By-law 6160/03, providing for the imposition of the tax rates approved under Recommendation 1 above, be read three times and approved; and 5. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and 6. That the Director, Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. CARRIED Resolution #106/03 Moved by Councillor Pickles Seconded by Councillor Holland WHEREAS the Durham Regional Police Services Board has provided a copy of its resolution to the City of Pickering on the matter of high risk and sex offenders; and WHEREAS the Council of the Corporation of the City of Pickering considers the protection of its residents, particularly children, to be of the highest priority; -4- Council Meeting Minutes Monday, June 23,2003 3:31 PM NOW THEREFORE the Council of the Corporation of the City of Pickering hereby endorses the following resolution of the Durham Regional Police Services Board; and FURTHER that a copy of this resolution be forwarded to the Federal Minister of Justice, and the MP and MPP, Pickering-Ajax-Uxbridge: WHEREAS the Government of Canada has given second reading to Bill C-23, the Sex Offender Information Registration Act, which allows for the creation of a National Sex Offender Registry; AND WHEREAS this proposed legislation, although supported in principle by police services across Canada, falls short of the scope and effectiveness envisioned by the policing community, namely: . No photograph is required, even though this tool is most effective in identifying offenders . The proposed database fields are restricted to only the most basic information such as name, address, physical description, scars, marks, tattoos and postal code which falls far short of the investigative value of the Ontario model . The proposed national database search capabilities are restricted to postal code and address queries which do not allow for immediate, accurate geo-mapping radius searches . The proposed non-compliancy first conviction penalty of $10,000 or six months in jail is far too low . Sex offenders only have to register at the nearest police facility to their residence - not necessarily with the local police service responsible for their residence . The Registry is not retroactive - meaning existing sex offenders in custody will not be entered. Since records would only be entered from the "Go Live" date, this tool could take years before it builds a critical mass AND WHEREAS the Ontario Sex Offender Registry has proven to be a very effective tool since its inception in April of 2001 for police to investigate, monitor, prevent and solve crimes of a sexual nature; AND WHEREAS the Ontario model has consistently maintained in excess of a 92% compliance rate and is considered the world leader; - 5- Council Meeting Minutes Monday, June 23,2003 3:31 PM THEREFORE BE IT RESOLVED that the Government of Canada revisit the functionality of the proposed national registry and expand its capabilities to meet or exceed the functionality of the Ontario Sex Offender Registry prior to the passage of legislation. CARRIED Resolution #107/03 Moved by Councillor Pickles Seconded by Councillor Holland WHEREAS the Durham Regional Police Services Board has provided a copy of its resolution to the City of Pickering on the matter of high risk sex and offenders; and WHEREAS the Council of the Corporation of the City of Pickering considers the protection of its residents, particularly children, to be of the highest priority; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby endorses the following resolution of the Durham Regional Police Services Board; and FURTHER that a copy of this resolution be forwarded to the Federal Minister of Justice, and the MP and MPP, Pickering-Ajax-Uxbridge: WHEREAS police services in Ontario are governed by the public disclosure requirements of the Police Services Act regarding the release of the names of High Risk Offenders living in neighbourhoods, WHEREAS corresponding and comparable public disclosure legislation exists elsewhere in other provinces within Canada, WHEREAS members of the community in which High Risk Offenders reside continue to demand full public disclosure of all dangerous offenders, WHEREAS police services and other offender management stakeholders owe it to the public to ensure that current practice continues to yield world- leading safety results, THEREFORE BE IT RESOLVED THAT the Government of Canada and the provinces join police leaders in the following initiatives designed to enhance and support the current system: -6- Council Meeting Minutes Monday, June 23, 2003 3:31 PM d) an international study be launched to collect more current data on the effect of full public disclosure and recidivism rates of High Risk Offenders - particularly sex offenders; a national workshop be held to discuss consistent public notification thresholds and strategies; a review take place of new and emerging technologies that could assist all of the stakeholders in the offender management system; that the proposed National Sex Offender Registry be based on and linked to other highly successful provincial models. a) b) c) CARRIED Resolution #108/03 Moved by Councillor Holland Seconded by Councillor Pickles WHEREAS the City of Pickering has been categorized as an under serviced area in . terms of the provision of health services - having a doctor to population ratio of more than 2,000 to 1 when the recommended average is 1,380 to 1; and WHEREAS residents in the City of Pickering are finding it increasingly difficult to find a family doctor with many left with no family physician; and WHEREAS a shortage of doctors in Pickering leads to increasingly congested hospitals which should not be dealing with more minor ailments best treated by other health care professionals; and . WHEREAS Primary Health Care Nurse Practitioners (NPs) provide a full range of primary health care services to individuals, families and communities and are registered nurses who have obtained additional education and experience and have demonstrated assessment, treatment and preventive health care competencies; and WHEREAS NPs are registered and regulated by the College of Nurses of Ontario as Registered Nurses in the Extended class and have independent authority to diagnose and treat common illnesses and injuries, prescribe certain medications and order lab tests, x-rays and ultrasound; and -7- Council Meeting Minutes Monday, June 23,2003 3:31 PM WHEREAS NPs work in cooperation with physicians and other health care professionals to provide effective and efficient healthcare, to refer serious matters to their attention and ensure their time is spent where it is most needed; and WHEREAS the relationship between a physician and an NP is similar to the effective relationship between a dentist and a dental hygienist; and WHEREAS the shortage of doctors in Pickering and other communities is a problem likely to compound and innovative measures are needed to address this serious deficit; and WHEREAS NPs are used in very limited circumstances currently in Ontario and only employed in situations where a community is under serviced; and WHEREAS in communities that have used NPs, they have proven to be very effective in freeing up physician resources to deal with more serious and pressing ailments; NOW THEREFORE the Corporation of the City of Pickering urges the Government of Ontario to dramatically expand the use of NPs in the Province of Ontario and to specifically create health centres that employee NPs in Pickering as part of a solution to address the lack of health care capacity in our community; and THAT this motion be circulated to; The Premier of Ontario, Ernie Eves The Provincial Minster of Health, Tony Clement The M.P.P. for Pickering-Ajax-Uxbridge, Janet Ecker The Chair of the Region of Durham, Roger Anderson, and The College of Nurses of Ontario CARRIED Resolution #109/03 Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS Veridian Corporation represents the single largest investment the City of Pickering has in any form; and - 8- Council Meeting Minutes Monday, June 23, 2003 3:31 PM WHEREAS the City of Pickering's share of Veridian's worth is difficult to define but is clearly in the tens of millions of dollars; and WHEREAS Members of Council are directly responsible back to the electorate - an electorate that holds them directly accountable for the fiscal health and management of the municipal corporation; and WHEREAS public participation in the management of Veridian does play an important role and should be present in a minority position on the Board of Directors to offer a different perspective on issues before the Board; and WHEREAS the City of Bellville's ownership equity in Veridian is nearly equal to the Municipality of Clarington yet they only have one seat on the Board of Directors; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby gives its approval to amend the shareholder agreement for Veridian Corporation so that the Veridian Board of Directors be comprised of no less than one appointed member of the public, per member municipality, with the remainder being comprised of Members of Council from the municipalities that have ownership in the Corporation; and THAT the composition of the Board of Directors remain unchanged in terms of number of Board members for Ajax, Clarington and Pickering but that the City of Belleville be granted one additional seat. CARRIED 1!ï) ßY-I-AWS That Councillor Ryan, seconded by Councillor Johnson, took leave to introduce by-laws of the City of Pickering: By-law Number 6153/03 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 of Durham, in Part of Lot 19, Concession 1, in the City of Pickering. (A 24/01) -9- Council Meeting Minutes Monday, June 23, 2003 3:31 PM By-law Number 6154/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by by-law 4621/95 to implement the Official Plan of the City of Pickering, District Planning Area, Region of Durham in Part of lot 24, Concession 1, (40R-12678, Parts 6 to 9), City of Pickering. (A 3/03) By-law Number 6155/03 Being a by-law to dedicate those parts of Lots 54, 55, 56, 58, 116 and 117, Registrar's Compiled Plan 1051, Pickering, Pickering, designated as Part 1, Plan 40R-21830, Parts 3,4,8,10,11,21 and 22, Plan 40R-21831 and Parts 1, 5, 7, 9,15 and 16, Plan 40R- 21832 as public highway and name them "Golden ridge Road". By-law Number 6156/03 Being a by-law to dedicate those parts of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Parts 1 and 2, Plan 40R-21838 as public highway and name them "Helm Street". By-law Number 6157/03 Being a by-law to authorize the execution of a Lease Agreement between the Corporation of the City of Pickering and TM Mobile Inc. (TELUS Mobility) for the leasing of those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy. 7) for the purposes of installing and maintaining communications equipment. By-law Number 6158/03 Being a by-law to approve and authorize the execution of an amendment made as of the 1ih day of June, 2003 to the shareholders' agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. By-law Number 6159/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation -1691 Pickering Parkway and 400 Kingston Road). - 10- Council Meeting Minutes Monday, June 23, 2003 3:31 PM By-law Number 6160/03 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2003 and to establish the Tax Rates necessary to raise such sums. By-law Number 6161/03 Being a by-law amending by-law number 6013/02, in order to extend the period of time during which the Interim Control By-law is in effect passed pursuant to Section 38(2) of the Planning Act, RS.O. 1990, as amended, for lands in the City of Pickering. CARRIED THIRD READING: Councillor Ryan, seconded by Councillor Johnson, moved that By-law Numbers 6153/03, 6154/03, 6155/03, 6156/03, 6157/03, 6159/03, 6160/03 and 6161/03, 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 Council considered the following motion in conjunction with By-law 6158/03: Resolution 110/03 Moved by Councillor Brenner Seconded by Councillor Holland That By-law 6158/03 be Tabled. CARRIED Resolution 111/03 Moved by Councillor Brenner Seconded by Councillor McLean To lift By-law 6158/03 from the Table. CARRIED - 11 - Appendix I Finance & Operations Committee Report Foe 2003-6 That the Finance & Operations Committee, having met on June 23, 2003, presents its sixth report to Council and recommends: 1. APTA FIRST QUARTER PERFORMANCE FOR 2003 To receive for information correspondence dated June 9, 2003 from the General Manager, Ajax Pickering Transit Authority concerning APTA First Quarter Performance for 2003. 2. OPERATIONS & EMERGENCY SERVICES REPORT OES 29-03 PROPOSED TELUS MOBILITY COMMUNICATION SITE SIDELINE 24 NORTH OF HIGHWAY 407 LEASE AGREEMENT 1. That Report OES 29-03 for a Lease Agreement for a TELUS Mobility Communication site in the City of Pickering, be received; and 2. That a By-law be ~nacted to authorize the execution of a Lease Agreement in a form satisfactory to the Solicitor for the City and the Director, Corporate Services & Treasurer with TM Mobile Inc. (TELUS Mobility) for those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy. 7), for the purposes of installing and maintaining communications equipment; and 3. That staff prepare the required documentation and by-law to stop-up and close the road allowance affected by the agreement; and 4. That the Mayor and Clerk be authorized to execute the Lease Agreement. 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 30-03 TENDER T-4-2003 TENDER FOR SURFACE TREATMENT. AUDLEY ROAD 1. That Report OES 30-03 regarding Audley Road, surface treatment, be received; and - 13- ~'Ol- . lojl "' I Appendix I Finance & Operations Committee Report FOC 2003-6 2. That Tender T -4-2003, submitted by Miller Paving Limited, for Surface Treatment, Audley Road in the amount of $71,973 (7% GST extra), for a total of $77,011 and a net cost after GST rebate of $74,132, be accepted; and 3. That the total Phase Two project cost of $90,386 including the tender amount, other associated project costs, and a total net project cost of $87,007, be approved. 4. CLERK'S REPORT Cl18-03 APPOINTMENTS TO THE DURHAM REGIONAL POLICE SERVICES BOARD That the Council of the Corporation of the City of Pickering hereby endorses the following resolution of the Council of the Municipality of Clarington: WHEREAS the Regional Municipality of Durham is awaiting a response from the Province as to the ability to nominate two further people to the Durham Regional Police Services Board; AND WHEREAS Durham Regional Police are providing site security at both Darlington and Pickering Nuclear Generating Stations under protocol of the Canadian Nuclear Safety Commission (CNSC); AND WHEREAS the CNSC, Ontario Power Generation (OPG) and the Canadian Nuclear Host Communities (CNHC) continuously seek input and dialogue with the Municipality of Clarington and the City of Pickering with respect to site security; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council; and THAT this resolution be copied to the City of Pickering, the Regional Municipality of Durham, the Durham Regional Police Services Board, the CNSC, and the CNHC. - 14- Appendix I Finance & Operations Committee Report FOC 2003-6 AND THAT a copy of this endorsement be forwarded to the Municipality of Clarington, the Regional Municipality of Durham, the Durham Regional Police Services Board, the Canadian Nuclear Safety Commission, the Canadian Nuclear Host Communities and the Honourable Robert Runciman, Minister of Public Safety and Security. 5. EXTENDED HOURS OF OPERATION RECREATION COMPLEX That the hours of operation at the Recreation Complex be extended to 11 PM weekdays throughout the summer. 6. CORPORATE SERVICES REPORT CS 25-03 DEVELOPMENT CHARGES - ANNUAL INDEXING 1. That Report CS 25-03 regarding Development Charges - Annual Indexing, be received; and 2. That effective July 1, 2003, as provided for in Section 16 of By-law 5546/99, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 3.1 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2003; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 7. CORPORATE SERVICES REPORT CS 24-03 DEVELOPMENT CHARGES RESERVE FUND -STATEMENT OF THE TREASURER FOR 2002 1. That Report CS 24-03 as the Statement of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund (G/L 4227 and 4229) be received by Council for information. - 15- Appendix I Finance & Operations Committee Report FOC 2003-6 8. CORPORATE SERVICES REPORT CS 28-03 2003/2004 PROPERTY AND LIABILITY INSURANCE 1. That Report CS 28-03 of the Director, Corporate Services & Treasurer concerning 2003/2004 Property and Liability Insurance, be received; and 2. That the City of Pickering renew its property, liability and other coverages through the Frank Cowan Company at a 2003/04 renewal premium of approximately $306,431 plus applicable taxes for the period July 1, 2003 to July 1, 2004 inclusive; and 3. That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; and 4. That the Director, Corporate Services & treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 9. INTERDEPARTMENTAL DEVELOPMENT TEAM REPORT IDT 01-03 CITY OF PICKERING PARTICIPATION IN THE REGION OF DURHAM'S PROPOSED COMMUNITY RENTAL HOUSING PROGRAM 1. That Council RECEIVE IDT Report Number 01-03 of the Interdepartmental Development Team respecting the Region of Durham's proposed Community Rental Housing Program; and 2. That the Region BE ADVISED that Council supports programs that facilitate the development of rental housing; and 3. That the Region BE ADVISED that Council does not support the Region's Community Rental Housing Program, as established, given the - 16- Appendix I Finance & Operations Committee Report FOC 2003-6 inappropriately low Provincial financial contribution and the high required Area Municipal contribution for a matter that is not a primary municipal financial responsibility; and 4. That the Region BE ADVISED that the City is unable to participate in this program given both the required level of Area Municipal contribution under this program and the City's current financial resources; and 5. That Council ENDORSE the staff comments on technical program details, as set out in Appendix I, including support for the Regional concerns; and 6. That the City Clerk FORWARD a copy of Report Number IDT 01-03 to the Region of Durham. - 17- Council Meeting Minutes Monday, June 23,2003 3:31 PM Resolution 112/03 Moved by Councillor Brenner Seconded by Councillor McLean That By-law 6158/03 receive first, second and third readings. CARRIED {ï) o~ BUSINESS 1. Councillor McLean stated concerns with the temporary use of the Knob Hill Farms site for the Pickering Markets. 2. Councillor Brenner commented on correspondence from the Ontario Municipal Board respecting an appeal of the Order under the Planning & Development Act. w CON£!B.MATION BY-LAW By-law Number 6162/03 Councillor Ryan, seconded by Councillor Brenner, 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 June 23, 2003. CARRIED VII ADJOURNMENT The Meeting adjourned at 4:58 PM DATED ~~ Â%, '2-003 ~...---' --. .....~_.- . .-- : . . . <I!!:_- - ..- MAYOR /"'/ A' //{ /' CLERK ~ - 12-