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HomeMy WebLinkAboutMay 6, 2002 Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. PRESENT: Mayor Wayne Arthurs - COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson B. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Committee Coordinator (I) ADOPTION OF MINUTES """" Special Meeting of April 15, 2002 Regular Meeting of April 15, 2002 (II) PRESENT A TION 1. Mayor Arthurs presented to Alison Bezubiak a "Young Heritage Leader Achievement" pin and recognition certificate awarded by the Ontario Heritage Foundation and sponsored by London Life. (III) DELEGATIONS 1. Pat McNeil, Senior Vice President, Nuclear Strategy and Support, presented to Council a report on the first quarter operations of the Pickering Nuclear Generating Station and the signing of the Fire Services Agreement with representatives of the City of Pickering took place. 2. David Steele, representing PACT, addressed Council in support of Notice of Motion #2, regarding waste management. He requested that consideration be given to revising Item #2 in this motion to reflect achieving a waste diversion of no less that 50%. - (IV) RESOLUTIONS Reßolution #70/02 - Appendix #1 Moved by Councillor Holland Seconded by Councillor Brenner That the Report of the Finance & Operations Committee dated April 22, 2002, be adopted. CARRIED - 1 - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. Resolution #71/02 - Moved by Councillor Johnson Seconded by Councillor Ryan That Mayor Arthurs be authorized to make the following proclamation: "National Missing Children's Day" - May 25,2002 "Green Ribbon of Hope Month" - May, 2002 "Health Before Pregnancy Month" - June, 2002 CARRIED Resolution #72/02 Moved by Councillor Holland Seconded by Councillor Johnson 1. That Tender No. T-11-2002 submitted by Serve Construction Limited, for Park and Playground construction, in the amount of$191,794.00 7% G.S.T. extra, be accepted; and 2. That Request for Proposal No. RFP-1-2002 submitted by Henderson Recreation Equipment for the supply and installation of playground equipment in various parks in the amount of $167,681.68 G.S.T. extra, be accepted; and ..... 3. That a total project cost of $499,010.92 including the Tender amount and other project costs be approved; and 4. That funding in the amount of $500,000 including transfers from Parkland (#4230) Reserve Fund be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) Debt financing in the amount of $60,000 for a period not exceeding 10 years, at a rate of 6% per annum, be approved; and b) Financing and repayment charges in the amount of approximately $9,600 be included in the annual Current Budget for the City of Pickering commencing in 2003 and continuing thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2002 as established by the Province for municipalities in Ontario; and - d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing. CARRIED Resolution #73/02 Moved by Councillor Johnson Seconded by Councillor Holland 1. That Report OES 21-02 regarding Tender T-12-2002, Tender for Parking Lot Improvements - Pickering Recreation Complex; and - 2- Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. 2. That Tender T -12-2002, submitted by Sanan Construction for Parking Lot Improvements at the Pickering Recreation Complex, in the amount of $315,734.00 plus G.S.T., be approved; and -- 3. That total project cost of $352,424.45 including the tender amount and other associated costs be approved; and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt through the Region of Durham; and a) Debt financing in the amount of $350,000 for a period not exceeding 10 years, at a rate to be determined, be approved and the balance of $2,424.45 be financed ftom current funds; and b) Financing and repayment charges in the amount of approximately $48,962 be included in the annual Current Budget for the City of Pickering commencing in 2003 and continuing thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2002 as established by the Province for municipalities in Ontario; and ".... d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. CARRIED Resolution #74/02 Moved by Councillor Holland Seconded by Councillor McLean WHEREAS the City of Pickering represents approximately twenty percent of the assessment of the Regional Municipality of Durham; and WHEREAS the Region of Durham should be accountable to the taxpayers of Pickering and ensure that over time the City of Pickering receives an equitable portion of Regional projects and services relative to its weighted assessment at the Region of Durham; and WHEREAS over the last seven years and in the forecast for the next five years, very few projects have been undertaken or are forecasted to be done by the Region of Durham to address important needs within Pickering, and - WHEREAS the Regional Official Plan recognizes the importance and regional significance of areas such as Pickering's downtown, Kingston Road and our waterftont but has not supported that recognition with any significant funding; NOW THEREFORE the Region of Durham be requested to prepare an annual report on the activity of the Regional Municipality of Durham within the City of Pickering that will include but not necessarily be limited to capital roads projects, economic development and capital sewer and water servicing projects; and - 3 - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. THAT the report will bench the activity of the Region against the dollar value of our portion of the Regional assessment and the needs of the municipality (where identified by Council) in the areas covered by the report; and - THAT this report identify the last ten year history and the next ten year projects for capital roads projects and capital sewer and water servicing projects servicing the City of Pickering and bench this against Pickering's portion ofthe Regional assessment; and THAT the report further identify and track the Region's support of projects and areas of development deemed to be regionally significant within the Regional Official Plan within the City of Pickering; and THAT this report be brought to the first Committee of the Whole meeting in November of every year; and THAT the City of Pickering urge the Region of Durham to support the Regional Official Plan and partner financially with the City of Pickering in areas such as our downtown, Kingston Road and our waterfront; and THAT this motion be circulated to: . All area Mayors and Chairs CARRIED -. Council considered the following motions in conjunction with the above resolution: Resolution #74/02(a) Moved by Councillor Johnson Seconded by Councillor Pickles That the above resolution be amended in the third operative clause by changing 'five year history and the next five year projections' to 'ten year history and the next ten year projections'. CARRIED Resolution #7 4/02(b) Moved by Councillor Ryan Seconded by Councillor Pickles That the above resolution be amended in the first operative clause by replacing the words 'appropriate staff of the Corporation of the City of Pickering be directed' with 'Region of Durham be requested'. - CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs. - 4 - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. Resolution #74/02(c) - Moved by Councillor Holland Seconded by Councillor Brenner That the fifth recital clause and the seventh Operative clause be deleted. CARRIED Resolution #75/02 Moved by Councillor Holland Seconded by Councillor Johnson WHEREAS the City of Pickering notified the Region of Durham that it would not be a 'participating' municipality in the Region's acceptance of all waste management powers as the matter was under review; and WHEREAS the City of Pickering has undertaken a pilot project for the curbside collection of organics and expanded recyclables which has achieved a diversion rate of over 60% in the test community of Amberlea; and WHEREAS the Region of Durham stands to financially benefit ftom the diversion of waste ftom landfill as it will not have to pay to dispose of that waste; and .-... WHEREAS the City of Pickering is currently using Miller Waste and the Region of Durham is proposing to use the same contractor; and WHEREAS the Region of Durham can better achieve economies of scale in the contracting out of waste services; and WHEREAS it is highly desirable to achieve a high degree of waste diversion across the Region and not just in one or two municipalities; and WHEREAS the City of Pickering does not have the financial capacity to implement and organic curbside collection service or expand the current list of recyclable materials; and WHEREAS having two levels of government deliver waste services is confusing to the public and means that adoption of change is slow and conflicted by competing jurisdictions; and NOW THEREFORE the Corporation of the City of Pickering advises the Region of Durham that it is prepared to negotiate being a 'participating' municipality in the Region's acceptance of all waste management powers subject to the following; 1. THAT Pickering's participation is contingent upon the provision of curbside organic waste collection and expanded recyclables (similar to the cart bin system that is currently provided to the residents of Amberlea in the City of Pickering's waste diversion pilot project) effective upon the Region's assumption of all waste services; and - 2. THAT the City of Pickering's participation be further contingent upon the Region of Durham's implementation of a three stream cart wheel waste collection system that achieves a waste diversion ratio no less than 50% across the participating municipalities; and 3. THAT the collection of kitchen organic waste be once a week and that garden organic materials be collected by a cart wheel system with paper bags being mandatory for all excess garden organic waste; and - 5 - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. 4. THAT additional cost for the provision of new diversion efforts be fully borne by the Region of Durham as it will have offsetting cost decreases from reduced disposal costs; and - 5. THAT the City of Pickering have input into the process and practices the Region of Durham will employ in the delivery of waste management services both through meetings with staff, Council and the broader public before agreeing to forfeit its jurisdiction over waste; and 6. THAT an extensive education program be developed and deployed by Durham Region to promote the understanding and use of the program within participating municipalities. FURTHER THAT the appropriate staff of the City of Pickering work with staff ftom the Region of Durham in such negotiations with the goal of successfully negotiating the conditions set out in this resolution; and FURTHER THAT this motion be circulated to the other municipalities with the Region of Durham and that they be encouraged to pass similar motions to effect positive change across the Region. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan. No: Mayor Arthurs -. The following motions were considered in conjunction with the above resolution: Resolution #75/02(a) Moved by Councillor Brenner Seconded by Councillor Pickles That the first operative clause be amended by replacing the words' agrees in principal to' with 'is prepared to negotiate'. CARRIED Resolution #75/02(b) Moved by Councillor Pickles Seconded by Councillor Brenner That the first FURTHER THAT clause be amended by adding the words 'in such negotiations'. CARRIED (V) BY-LAWS - That Councillor Johnson, seconded by Councillor Ryan, took leave to introduce by-laws of the City of Pickering: By-law Number 5976/02 Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.Sa. 1990, c. H.8, as amended. - 6- Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. By-law Number 5977/02 - Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.Sa. 1990, c. H8, as amended. By-law Number 5978/02 Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.Sa. 1990, c. H8, as amended. By-law Number 5979/02 Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.Sa. 1990, c. H8, as amended. By-law Number 5980/02 Being a by-law to authorize the execution of a Boundary Road Maintenance Agreement between The Corporation of the City of Pickering and The Corporation of the Town of Ajax (January, 2002 to January, 2012). - By-law Number 5981/02 Being a by-law to authorize the execution of a Boundary Road Maintenance Agreement between The Corporation of the City of Pickering and The Corporation of the Township of Uxbridge (January, 2002 to January, 2012). By-law Number 5982/02 Being a by-law to authorize the execution of a Boundary Road Maintenance Agreement between The Corporation of the City of Pickering and The Corporation of the City of Toronto (January, 2002 to January, 2012). By-law Number 5983/02 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 on Lot 6 and Part Lot 3, 4 and 5, Plan 506, in the City of Pickering. (A 14/01, S-P-2001-05) CARRIED The following motion was considered with respect to By-law Number 5975/02: -- Resolution #76/02 Moved by Councillor Brenner Seconded by Councillor Ryan That By-law 5975/02 be deferred to the Council Meeting of May 21 st to provide staff with an opportunity to advise the residents along Chipmunk Street of the proposed 'No Stopping' By- law. CARRIED - 7 - Council Meeting Minutes Monday, May 6, 2002 7:50p.m. THIRD READING: - Councillor Ryan, seconded by Councillor Johnson, moved that the report of the Committee of the Whole on By-law Numbers 5976/02, 5977/02, 5978/02, 5979/02, 5980/02, 5981/02, 5982/02 and 5983/02, 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 (VI) OTHER BUSINESS 1. The following motion concerning Federal Lands in Pickering, Markham and Uxbridge was considered by Council: Resolution #77/02 Moved by Councillor Pickles Seconded by Councillor Johnson That the resolution concerning Federal Lands in Pickering, Markham and Uxbridge be lifted ftom the table. CARRIED .-.. Resolution #78/02 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Council receive for information, Report to Council MO 02-02 concerning the Federal Lands in Pickering, Markham and Uxbridge; and 2. That Council acknowledge that agreement could not be reached between the affected municipalities and Transport Canada as to a legally and technically acceptable way of implementing the alternative approach to federal airport zoning authorized under Section 5.81(1) of the Federal Aeronautics Act, and accordingly that the Federal Minister of Transport be advised that the City is no longer prepared to pursue the use of this alternative approach; and 3. That the Federal Minister of Transport be advised of the City's commitment to participating in a formal Stakeholders Consultative Process generally as set out in Attachment No.1 to this Report; and further that the Minister be requested to re- affirm his Department's intention to support and participate in such a process, generally as set out in Attachment No.1; and - 4. That the Councils of the other affected municipalities be requested to enact similar resolutions advising of their position with respect to the use of the alternative approach to federal airport zoning, and their participation in a formal Stakeholders Consultative Process with Transport Canada; and 5. That a copy of this Report be forwarded to the Federal Minister of Transport, the local municipalities of Markham, Uxbridge, Whitby, Ajax and Whitchurch- Stouffville, the Regional Municipalities of Durham and York, all other stakeholders involved in the process, and to Dan McTeague, M.P. Pickering-Ajax-Uxbridge, and Janet Ecker, M.P.P. Durham West. CARRIED - 8- - - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs 2. Councillor Holland gave notice of a motion, seconded by Councillor Brenner concerning ITER. 3. Councillor Holland gave notice of a motion concerning representation at the Region of Durham. 4. Councillor Holland advised that Community Pride Day was a great success. 5. Councillor Holland further advised that the new owners of the Coolwater Farms property have refused the request by the Frenchman's Bay Festival to use their property for the festival event. 6. Councillor Johnson gave notice of a motion, seconded by Councillor Pickles concerning the drafting of a by-law requiring companies distributing newspapers in the north end to provide mail boxes at the locations of drop-off. 7. Councillor Johnson commented on the potholes on Sideline 34 and questioned when calcium would be put down. 8. Councillor Brenner gave notice of a motion concerning the report on ITER being included as background information for the agenda. 9. Councillor Brenner requested information concernIng the Provincial Governments moratorium on basement apartments. 10. The following matters were discussed prior to the regular meeting: a) The Chief Administrative Officer advised that former Councillor Alex Robertson passed away over the weekend. b) The Chief Administrative Officer advised that he would be providing Council with a status report on the Priest Property next week. c) Councillor Holland advised that the Social Development Council are requesting financial support from the City of Pickering. VII CONFIRMATION BY-LAW By-law Number 5984/02 Councillor Johnson, seconded by Councillor Ryan, 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 Council Meeting of May 6, 2002. - CARRIED - 9- - - - Council Meeting Minutes Monday, May 6, 2002 7:50 p.m. (VIII) ADJOURNMENT The Meeting adjourned at 10:20 p.m. DATED ;~ 2.3/02.. - 10- ¿~~ MAYOR /f£ ~_. Appendix I Finance & Operations Committee Foe 2002-4 That the Finance & Operations Committee of the City of Pickering having met on April 22, 2002, presents its fourth report to Council and recommends: - 1. PICKERING HARBOUR COMPANY OFFICIAL PLAN AMENDMENT AND ZONING APPEAL That the letter dated April 18, 2002, from R. Andrew Biggart, of Ritchie, Green & Ketcheson be received; and That the Summary of Proposed Action as outlined in said letter be approved. THE CAMPITELLI GROUP (FRED CAMPITELLI, TRUSTEE) DEVELOPMENT CHARGES ACT - APPLICATION FOR CREDITS 2. That the letter dated April 18, 2002, from R. Andrew Biggart, of Ritchie, Green & Ketcheson be received; and That the Recommendations outlined in said letter be approved. 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 017-02 DURHAM REGION WEST NILE VIRUS RESPONSE PLAN TO FINAL DRAFT DECEMBER 2001 - 1. That Report OES 017~02 from the Division Head, Municipal Property & Engineering, be received; and 2. That the Durham Region West Nile Virus Response Plan be received for information and the Region of Durham be so advised; and 3. That the City of Pickering, Operations & Emergency Services Department appoint a staff representative to the Durham Region West Nile Virus Preparedness Committee; and 4. That Durham Region be advised that the City of Pickering considers the surveillance, control and prevention aspects of West Nile Virus to be the responsibility of the Region of Durham's Health Department, and that a Regional response program is the most effective means to ensure a consistent approach throughout the Region. 4. OPERATIONS & EMERGENCY SERVICES REPORT OES 009-02 AMENDMENT TO REGIONAL MUNICIPALITIES ACT 1. That the Council of the City of Pickering request the Council of the Region of Durham, to make application with the Province of Ontario to amend Section 34 subsection (13) of the Regional Municipalities Act, to include the Region of Durham. - 5. OPERATIONS & EMERGENCY SERVICES REPORT OES 014-02 TO REVISE THE LOAD LIMITS OF ANY VEHICLE OR ANY CLASS THEREOF PASSING OVER A BRIDGE 1. That Report OES 014-02 regarding the revision of load limits of vehicles passing over a bridge be received; and - 11 - Appendix I Finance & Operations Committee Foe 2002-4 2. That City Council pass the attached Draft By-laws limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of the Corporation of the City of Pickering. - 6. PLANNING & DEVELOPMENT REPORT PD 19-02 CITY OPTION TO PURCHASE LANDS FROM MARINWOOD HOLDINGS, SOUTH-EAST OF 'CANOE LANDING' CONDOMINIUM TOWNHOUSE DEVELOPMENT SOUTH OF BEGLEY STREET, ADJACENT TO FRENCHMAN'S BAY That Council authorize appropriate City of Pickering staff to proceed with acquisition of the "option lands", legally described as Part of Hillside Drive, Registered Plan 355, Part of By Street, Registered Plan 355, Part of Lots 47, 51 and 52, Lots 48, 49 and 50, Registered Plan 355, designated as Parts 7 and 11 on Plan 40R-17911, and comprising approximately 0.4 hectares, as per the Option to Purchase Agreement between the City of Pickering and the Pickering Harbour Company (now Marinwood Holdings), registered as Instrument L T 907950; and That the City provide Marinwood Holdings with first right of refusal to acquire the "option lands" from the City should the City dispose of the lands prior to zoning them in an appropriate open space category. - - - 12 -