HomeMy WebLinkAboutMay 3, 1994
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COUNCIL MINUTES
A Meeting of the Pickering Town Council was held on Tuesday May 3, 1994 at 7:40 p.m.
PRESENT:
Mayor Wayne Arthurs
COUNCILLORS:
M. Brenner
E. Hidgon
R. Johnson
E. Pistritto
K. Van Kempen
D. Wellman
ALSO PRESENT:
C.M. T. Sheffield
B. Taylor
D. Kearns
- Town Manager
- Town Clerk
- Co-ordinator of Council Services
Mayor Arthurs commented on the opening and staffing of the Minacs Group and
the Mandarin Restaurant.
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AJ1QlTION OF MINUTES
Regular meeting of April 18, 1994
Special Council Meeting of April 11, 1994
Special Council Meeting of April 18, 1994
Special Council Meeting of April 22, 1994
Recorded Vote on Special Council Meetin2 of April 11. 1994
Yes:
Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman
and Mayor Arthurs
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DELEGA TIONS
1.
Don Prince, representing the MTRCA, addressed Council with respect to the
Sandbury Building Corporation sale to Pickering and the MTRCA and the Altona
Forest Acquisition Project. Mr. Prince requested Council's assistance to purchase
the Cassel property.
2.
Cheri Seinis, 1003 Sherman Crescent. addressed Council with respect to the
Canada Compost Inc. proposal. She advised that she was most upset that Council
considered opening such a facility as proposed by Canada Compost Inc. and urged
Council to reconsider. She advised that she has a petition of 204 signatures of
those opposed to this proposal.
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3.
Karl Young, representing the Claremont Lions addressed Council with respect to
the proposed Claremont Community Centre. He stated his concern with the
comments made in the Star and Bay News by Councillor Van Kempen concerning
closed, secret meetings. He advised that the Claremont Lions Club has served the
community for 26 years, spending $2 1/2 million in the community. He stated that
they were and still are part of the working group dealing with the new Community
Facility.
4.
George Johnson, representing the Claremont and District Community Association
wished to reaffirm that the Association is in favour of the proposal and that the
preferred site is the land across from the park. The Association is also in favour of
disposing of the present facilities in order to offset the cost of the new facility.
5.
Lome Almack advised that he would like more information concerning the
proposed Claremont Community Centre and that he is pleased to see a meeting
will be held where he can receive this. He outlined the facilities already available
for use in Claremont and questioned how Council proposes to keep taxes down
when spending $1 million for 600 residents in Claremont.
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RESOLUTIONS
Resolution #70/94 - See Auoendix #1
Moved by Councillor Wellman
Seconded by Councillor Brenner
That the Report of the Executive Committee dated April 25, 1994 be adopted.
CARRIED
Resolution #71/94
Moved by Councillor Wellman
Seconded by Councillor Pistritto
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That Town Council concur with the decisions of the April 6, 1994 Committee of Adjustment
meeting, and the April 11, 1994 meeting of the Region of Durham Land Division Committee.
CARRIED
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Resolution #72/94
Moved by Councillor Pistritto
Seconded by Councillor Wellman
Whereas during 1993 The Corporation of the Town of Pickering purchased services ftom outside
agencies and consultants to assist it in various matters within its jurisdiction; and
Whereas in Legal Services Report L 24/94, the Town Manager/Town Solicitor has provided a
summary of the 1993 activity and year-end status of 1993 Budget Account 2126-2392 ftom
which payment is made for such services;
Now Therefore Be It Resolved That:
1.
The Council of the Corporation of the Town of Pickering hereby adopts Legal Services
Report L 24/94 summarizing the 1993 activity and year-end status of 1993 Budget
Account 2126-2392 (General Government - Purchased Services), and acknowledges that
the expenditures made from that Account in 1993 were within acceptable limits.
CARRIED
Resolution #73/94
Moved by Councillor Johnson
Seconded by Councillor Pistritto
That the correspondence from the City of Guelph regarding its Wet-Dry Recycling Program be
received.
CARRIED
Resolution #74/94
Moved by Councillor Brenner
Seconded by Councillor Pistritto
That Mayor Arthurs be authorized to proclaim May 12th as "Myalgic Encephalomyelitis
Awareness Day".
CARRIED
Resolution #75/94
Moved by Councillor Van Kempen
Seconded by Councillor Brenner
Whereas on June 1, 1992, pursuant to the provisions of the Municipal Act, RS.O. 1990, chapter
MA5, section 191(1), the Council of the Corporation of the Town of Pickering enacted By-law
4008/92, authorizing the acquisition, in conjunction with the Metropolitan Toronto and Region
Conservation Authority, of certain lands adjacent to Frenchman's Bay for parkland purposes, at a
cost to the Corporation not to exceed $500,000; and
continued
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Whereas the Metropolitan Toronto and Region Conservation Authority has advised the
Corporation that the cost to the Corporation of that acquisition was $445,923, leaving a surplus
of$54,077 standing to the credit of the Corporation;
Now Therefore Be It Resolved That:
1.
The Corporation of the Town of Pickering hereby makes a grant to the Metropolitan
Toronto and Region Conservation Authority in the amount of $54,077 as a Town
contribution towards the Cassel's acquisition, being the surplus standing to the credit of
the Corporation following the completion of the acquisition for parkland purposes of
certain lands adjacent to Frenchman's Bay, for the purposes of acquiring lands and interest
in lands in or associated with the Metropolitan Toronto and Region Conservation
Authority's Altona Forest Acquisition Project.
CARRIED
Council considered the following motion in conjunction with the above resolution:
Resolution #76194
Moved by Councillor Brenner
Seconded by Councillor Van Kempen
That the above motion regarding the M.T.R.C.A. be amended by adding the following words in
#1 "as a Town contribution towards the Cassel's acquisition".
CARRIED
Recorded Vote on Amendment:
Yes:
No:
Councillors Brenner, Higdon, Pistritto, Van Kempen, Wellman and Mayor Arthurs
Councillor Johnson
Councillor Higdon declared an interest as a family member owns property close to property being
purchased near Frenchman's Bay
Recorded Vote on Motion as Amended:
Yes:
No:
Councillor Brenner, Pistritto, Van Kempen, Wellman and Mayor Arthurs
Councillor Johnson
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Resolution #77/94
Moved by Councillor Van Kempen
Seconded by Councillor Higdon
Whereas, on December 20, 1993, pursuant to the provisions of the Municipal Act, RS.O. 1990,
chapter MA5, section 113, the Council of The Corporation of the Town of Pickering made
Resolution 259/93 (Item 3), authorizing, in part, the making of a conditional grant, in an amount
up to $400,000, to the Metropolitan Toronto and Region Conservation Authority for the
purposes of assisting the Authority in its acquisition of property within the authority's Altona
Forest Acquisition Project; and
Whereas it is desirable to amend the conditions of the making of that grant;
Now Therefore Be It Resolved That:
1.
Item 3 of Resolution 259/93 is hereby amended by deleting the second paragraph thereof
and by substituting for it the following:
"That a portion of these funds be used by the MTRCA in the acquisition of property
belonging to Cassel and Poling; and"
LOST
Council considered the following motion in conjunction with the above resolution:
Resolution #78/94
Moved by Councillor Brenner
Seconded by Councillor Van Kempen
That the above motion concerning the acquisition of Cassel and Poling properties be amended by
adding the following words to #1 "and that, with respect to the Poling property, the funds be used
only for that portion that falls within the 19 hectares first identified by the Town.
LOST
Recorded Vote on Amendment:
Yes:
No:
Councillors Brenner, Higdon and Van Kempen
Councillors Johnson, Pistritto, Wellman and Mayor Arthurs
Recorded Vote on Main Motion:
Yes:
No:
Councillors Brenner, Higdon and Van Kempen
Councillors Johnson, Pistritto, Wellman and Mayor Arthurs
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Resolution #79/94
Moved by Councillor Wellman
Seconded by Councillor Johnson
WHEREAS The Corporation of the Town of Pickering has retained various Consultants for the
purpose of advising it and assisting it in opposing the designation by the Interim Waste Authority
of Site EEll as the Preferred Site in the Durham Region Landfill Site Search; and
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WHEREAS it is necessary to authorize payment of the Consultants' invoices respecting fees and
disbursements incurred during the months of January and February 1994 for services rendered in
connection therewith [Payment Approval W4502/9401];
NOW THEREFORE BE IT RESOLVED THAT:
1.
The Council of The Corporation of the Town of Pickering hereby approves payment of
the following amounts to the Consultants listed below for services rendered in or about
January 1994 for the purpose of advising and assisting it in opposing the designation by
the Interim Waste Authority of Site EE 11 as the Preferred Site in the Durham Region
Landfill Site Search:
Consultant
Amount
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Clayton Research Associates
Ecological Services for Planning
Government Policy Consultants
Hatch Associates Ltd.
HCI WastePlan
Jagger Hims Limited
Landplan Collaborative Ltd.
Osler, Hoskin & Harcourt
Ronald Pushchak
Walker, Nott, Dragicevic Assoc.
$
355.24
8,930.12
3,922.32
1,495.06
7,938.73
41,651.46
1,448.51
38,275.22
4,320.13
13,369.58
$
121,706.37
2.
The Council of The Corporation of the Town of Pickering hereby approves payment of
the following amounts to the Consultants listed below for services rendered in or about
February 1994 for the purpose of advising and assisting it in opposing the designation by
the Interim Waste Authority of Site EEll as the Preferred Site in the Durham Region
Landfill Site Search:
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Consultant Amount
Alston Associates Inc. $ 5,247.60
Crysler & Associates 3,531.00
Ecological Services for Planning 12,736.03
Hatch Associates Ltd. 213.47
HCI WastePlan 6,551.49
Jagger Hims Limited 12,712.91
Osler, Hoskin & Harcourt 27,732.80
Walker, Nott, Dragicevic Assoc. 8,981.15
$ 77,706.45
CARRIED
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Resolution #80/94
Moved by Councillor Pistritto
Seconded by Councillor Van Kempen
WHEREAS The Corporation of the Town of Pickering has retained various Consultants for the
purpose of advising it and assisting it in connection with the Town's preparation for the
commencement oflegal action to close the Brock West Landfill Site; and
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WHEREAS it is necessary to authorize payment of the Consultants' invoices respecting fees and
disbursements incurred during the months of January and February 1994 for services rendered in
connection therewith [Payment Approval W4404/9401];
NOW THEREFORE BE IT RESOLVED THAT:
1.
The Council of The Corporation of the Town of Pickering hereby approves payment of
the following amounts to the Consultants listed below for services rendered in or about
January 1994 in connection with the Town's preparation for the commencement of legal
action to close the Brock West Landfill Site:
Consultant
Amount
RJ. Burnside & Associates Ltd.
Osler, Hoskin & Harcourt
$
2,851.38
5,728.08
CARRIED
Resolution #81/94
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Moved by Councillor Brenner
Seconded by Councillor Pistritto
WHEREAS the expansion of the Brock West Landfill Site may have been unlawfully approved in
1980 due to the absence of a hearing under the Environmental Protection Act respecting that
expansion; and
WHEREAS the capacity and the contours of the Brock West Landfill Site, as expanded and
revised pursuant to the purported approval thereof in 1980, may have been exceeded; and
WHEREAS therefore the Brock West Landfill Site may be being operated in breach of the
Environmental Protection Act, the regulations thereunder and the various Certificates of Approval
issued or purportedly issued in respect thereof, as a result of which the Council of The
Corporation of the Town of Pickering intends to commence legal action to obtain an interim
injunction and a permanent injunction against the further disposal of waste at the Brock West
Landfill Site and an order requiring the closure of the Brock West Landfill Site; and
WHEREAS, within the Region of Durham) The Regional Municipality of Durham is responsible
for providing facilities for the purpose of the disposal of waste, and no area municipality may
provide such facilities;
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NOW THEREFORE BE IT RESOLVED THAT:
1.
The Council of The Corporation of the Town of Pickering hereby requests that The
Regional Municipality of Durham provide facilities other than the Brock West Landfill Site
for the disposal of waste collected by the Town of Pickering, and that such facilities be
lawfully approved and operated for the disposal of residentiaVmunicipal waste and that
such a site not be within the borders of the Town of Pickering..
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2.
Other area municipalities within the Region of Durham that use the Brock West Landfill
Site for the disposal of all or part of the waste collected by them are hereby asked to
request that The Regional Municipality of Durham provide facilities other than the Brock
West Landfill Site for the disposal of the waste collected by them that is now being
disposed of in the Brock West Landfill Site.
3.
The Town Clerk is hereby directed to forward a copy of this Resolution to The Regional
Municipality of Durham and to all area municipalities within the Region of Durham.
CARRIED
Council considered the following motions in conjunction with the above resolution:
Resolution #82/94
Moved by Councillor Johnson
Seconded by Councillor Brenner
That the above motion regarding the Brock West Landfill Site be amended by adding the
following words to #1 "for the disposal of res identiaV municipal waste".
CARRIED
Resolution #83/94
Moved by Councillor Van Kempen
Seconded by Councillor Pistritto
That the above amendment be amended by adding the following words "and that such a site not
be within the borders of the Town of Pickering".
CARRIED
Recorded Vote on Amendment to the Amendment:
Yes:
Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor
Arthurs
Recorded Vote on Amendment as Amended:
Yes:
Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor
Arthurs
Recorded Vote on Motion as Amended:
Yes:
Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor
Arthurs
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Resolution #84/94
Moved by Councillor Van Kempen
Seconded by Councillor Higdon
WHEREAS by resolution passed on May 28, 1994, the Council of the Corporation of the Town
of Pickering established a policy respecting the sale of Town-owned land; and
WHEREAS this policy provides a direction for staff with respect to appraisals, requiring title
searches, when tenders would be required to seek bids for the purchase of the land; and
WHEREAS this policy was passed not only to provide staff with the procedures to follow when
selling Town-owned land but also to ensure the public that land is being sold without any undue
influence and at the fairest price possible; and
WHEREAS a similar policy is required for the purchase of land by the Town;
NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby directs the
Town Manager to prepare a policy respecting the acquisition ofland for Town use; and
THAT this policy be considered by Council at its Executive Committee Meeting of June 13, 1994.
Deferred for four weeks for staff to prepare a report
Council considered the following motion in conjunction with the above resolution:
Resolution #85/94
Moved by Councillor Wellman
Seconded by Councillor Brenner
That the above motion be deferred for four weeks for staff to prepare a report.
CARRIED
Recorded Vote:
Yes:
No:
Councillors Brenner, Johnson, Pistritto, Wellman and Mayor Arthurs
Councillors Higdon and Van Kempen
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(IV)
BY-LA WS
That Councillor Wellman seconded by Councillor Johnson, took leave to introduce by-laws of the
Town of Pickering:
By-law Number 4416/94
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Being a by-law to authorize the execution of a Subdivision Agreement and related documentation
respecting the development of Part Lot 18, Concession 2, Pickering (Drektor Realty Corp. - 18T-
87079)
Recorded Vote on By-law 4416194:
Yes:
No:
Councillors Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs
Councillor Brenner
By-law Number 4417/94
Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement
respecting the development of Lots 1 to 4, both inclusive, 100 to 105, both inclusive and Lots 150
to 157, both inclusive, Plan 40M-1630, Pickering. (Nugget Construction Co. Ltd.)
By-law Number 4418/94
Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement
respecting the development of Lots 76, 77, 78 and 79, Plan 40M-1629, Pickeimg (Nugget
Construction Co. Ltd.)
By-law Number 4419/94
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Being a by-law to exempt Lots 38 to 43, Plan 40M-1507, Pickering, from part lot control.
By-law Number 4420/94
Being a by-law to exempt Lots 76 to 79, Plan 40M-1629, Pickering, from part lot control.
By-law Number 4421/94
Being a by-law to exempt Lots I to 4, 100 to 105 and 150 to 157, Plan 40M-1630, Pickering,
ftom part lot control.
By-law Number 4422/94
Being a by-law to authorize the execution of a Transfer of Easement from The Corporation of the
Town of Pickering to The Regional Municipality of Durham over those parts of Lot 18,
Concession 2, Pickering designated as Parts 1 and 2, Plan 40R-15394.
By-law Number 4423/94
Being a by-law to provide for the licensing, registration and regulation of dogs, for the
determination of the compensation to be allowed for impounding, distraining and detaining of
dogs and cats and for the establishment of a cat identification system.
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By-law Number 4424/94
Being a by-law to appoint a By-law Enforcement Officer for certain purposes (Parking Regulation
- M.T.R.C.A.)
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BY-LAWS
By-law Number 4425194
Being a by-law to appoint Stephen J. Reynolds as the Director of Culture and Recreation, and to
appoint Everett Buntsma as the Director of Parks and Facilities, effective May 1, 1994.
Recorded Vote on By-law 4425/94:
Yes:
No:
Councillors Brenner, Higdon, Johnson, Pistritto, Wellman and Mayor Arthurs
Councillor Van Kempen
THIRD READING:
Councillor Wellman, seconded by Councillor Johnson moved that the report of the Committee of
the Whole on By-law Numbers 4416/94,4417/94,4418/94,4419/94,4420/94, 4421/94, 4422/94,
4423/94, 4424/94 and 4425194 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
Recorded Vote on By-law 4416194:
Yes:
No:
Councillors Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs
Councillor Brenner
Recorded Vote on By-law 4425/94:
Yes:
No:
(V)
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2.
3.
4.
5.
6.
Councillors Brenner, Higdon, Johnson, Pistritto, Wellman and Mayor Arthurs
Councillor Van Kempen
OTHER BUSINESS
Councillor Higdon advised that there was confusion around the closing of the
Town facilities on May 2, due to the Social Contract.
Councillor Higdon outlined the Food BankIBlue Box Program which will be taking
place on June 11 th, 1994. She requested that Council consider expanding the
Drive outside of Ward 2.
Councillor Johnson asked if the minutes of meetings held by the staff working
groups are available to Councillors. He was advised by the Town Manager that
they were.
Councillor Johnson asked the debris problem along the Pickering Parkway be
investigated.
Councillor Johnson advised of the various events which he attended this past
weekend.
Councillor Johnson advised that the N. H. Oldtimers wish to come to Pickering if
there is ice time available.
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12.
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15.
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OTHER BUSINESS
Councillor Johnson requested that caution be taken by statfwhen crossing parks in
town vehicles. He advised that large ruts were left by the maintenance crew at the
Claremont Park.
Councillor Pistritto commented on the enjoyment he has experienced bringing the
Covey Leadership Conference to Pickering.
Councillor Van Kempen requested that the minutes from the Claremont Working
Group be circulated.
Councillor Van Kempen advised that he will be carrying out a survey with respect
to the composting facility.
Councillor Van Kempen questioned the Town Manager on the possibility of
erected No Heavy Truck signs on Concession Road 3.
Councillor Brenner questioned the possibility of changing Pickering Transit into a
Transit Commission.
Councillor Brenner requested that notices be posted in Town buses concerning the
closing of Town services for Social Contract days.
Councillor Brenner asked if the Town has a policy concerning tendering within the
Town of Pickering for construction and he requested that Council be provided
with a copy.
The following matters were discussed prior to the regular meeting:
a)
The Town Manager advised of the municipal road grant allocations in 1994
from the Ministry of Transportation.
b)
The Town Manager distributed a memo concerning the proposed
demolition of Howell House by the Municipality of Metropolitan Toronto
and suggested that this memo be forwarded to LACAC for comment.
c)
The Town Manager advised that Economy Car and Truck Rental are
relocating to Pickering from Scarborough.
d)
The Town Manager distributed a memo from the MTRCA concerning
Altona Forest.
e)
Councillor Wellman advised that it has been brought to his attention that
the inspectors who oversee the waste being dumped at the Brock West
Landfill Site have been removed. Mayor Arthurs directed that a letter be
sent to the Ministry of the Environment concerning this matter.
t)
Councillor Johnson advised that the 8th Concession requires repair due to
the spring thaw.
g)
Councillor Johnson advised that old guardrails have been removed from the
Runnymede property behind Pickering Hydro and new ones erected. He
suggested that since there are no homes in the area this work should be
done in another area.
h)
Mayor Arthurs advised that a policy should be in place to advise Council of
Openings and Special Events.
i)
Councillor Van Kempen advised that the No Stop Signs have not been
erected as of yet on Bushmill.
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(V)
OTHER BUSINESS
j)
Councillor Van Kempen questioned the Hydro development charges for
non-residential.
(VD
CONFIRMATION BY-LAW
By-law Number 4426194
Councillor Johnson, seconded by Councillor Brenner moved for leave to introduce a By-law of
the Town of Pickering to confirm those proceedings of the Council of the Corporation of the
Town of Pickering at its meeting held on the 3rd day of May, 1994 and that the same be now
finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be
thereto affixed.
CARRIED
(VID
ADJOURNMENT
The Meeting adjourned at 11 :50 p.m.
Dated
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MAYOR
LERK
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APPENDIX #1
TOWN OF PICKERING
That the Executive Committee of the Town of Pickering having met on April 25, 1994, presents
its seventh report to Council and recommends:
1.
"ARBOUR WEEK" - APRIL 29 -MAY 8,1994
"JOURNEY OF HOPE DAY" - MAY 12,1994
"CYSTIC FffiROSIS MONTH" - MAY, 1994
"MENTAL HEALTH WEEK II - MAY 2, 1994 - MAY 8, 1994
"CHILD FIND NATIONAL GREEN RIBBON OF HOPE MONTH II
- MAY, 1994
II SAINT ELIZABETH'S WEEK II - MAY 1, 1994 - MAY 7, 1994
"FRENCHMAN'S BAY FESTIVAL DAY" - JUNE 12,1994
FILE NUMBER - A 2111
That Mayor Arthurs be authorized to make the following proclamations:
"ARBOUR WEEK" - APRIL 29 -MAY 8,1994
"JOURNEY OF HOPE DAY" -MAY 12,1994
"CYSTIC FffiROSIS MONTH" - MAY, 1994
"MENTAL HEALTH WEEK" - MAY 2,1994 - MAY 8,1994
"CHILD FIND NATIONAL GREEN RIBBON OF HOPE MONTH"
- MAY, 1994
"SAINT ELIZABETH'S WEEK" - MAY 1,1994 - MAY 7, 1994
"FRENCHMAN'S BAY FESTIVAL DAY" - JUNE 12, 1994