HomeMy WebLinkAboutSeptember 14, 1992 (Special)
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SPECIAL COUNCIL MINUTES
A Special Meeting of the Pickering Town Council was held on Monday,
September 14, 1992 at 7:00 p.m.
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This Special Meeting of Council was called to consider an application
made by Alexander Robertson to conduct a compliance audit of the
election campaign finances of Maurice Brenner, Douglas Dickerson and
Richard Johnson pursuant to Section 156(1) of the Municipal Elections
Act.
PRESENT:
Mayor Wayne Arthurs
COUNCILLORS :
M. Brenner
E. Higdon.
R. Johnson
E. Pistritto
K. Van Kempen
D. Wellman
ALSO PRESENT:
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N.C. Marshall
B. Taylor
D. Kearns
- Town Manager
Town Clerk
- Administrative Assistant
(IJ
DELEGATIONS
1.
Alex Robertson, 893 Modlin Road, stated that with respect
to his applications for a compliance audit, he is retired,
has no intention of seeking any political office and has no
vendetta aigainst any Member of Council. The Province has
amended the Municipal Elections Act to allow election
returns to be scrutinized through the process of compliance
audits. Most people seek office in good faith but the
public perceives that politicians are dishonest and it is
his intent to dispel any thoughts of dishonesty by
requesting the compliance audit.
2.
Ken Matheson, 1869 Parkside Drive, stated that the three
compliance audits should be undertaken because these
candidates spent the most money. All candidates should
make their expense receipts available on a' voluntary
basis. He noted that some of the dates on the election
returns are incorrect and he wants to determine if there
were any contributions or expenses before the date of
registration. He also noted that the chartered accountants
are qualifying their certification of the election
returns. He would like to scrutinize all telephone,
advertising and victory party expenses. He noted that the
contributions received by Wayne Arthurs, Maurice Brenner,
Doug Dickerson and Rick Johnson were all more than that
received by the Mayor of Ajax.
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(I)
DELEGATIONS - continued
3.
Phil Frampton, 1810 Post Road, stated that he has
scrutinized the financial returns of the candidates and
felt that a compliance audit could generate negative
publicity for the Town. He saw no discrepancies in the
election returns and felt that if people have problems with
the amount of money spent on victory parties and other
events, they should take this matter up with the Ministry
of Municipal Affairs.
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4.
Doug Dickerson stated that the Municipal Elections Act puts
limits on campaign expenses that a candidate cannot
exceed. He noted that an auditor get all receipts for
campaign expenses and prepares a proper audited statement.
He stated that the question that must be asked by Members
of Council is has the Municipal Elections Act been
contravened. He noted that Alex Robertson's endorsement of
Councillor Van Kempen is not included in Councillor Van
Kempen's election return.
(II)
RESOLUTIONS
Resolution #135/92
Moved by Councillor Van Kempen
Seconded by Councillor Higdon
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WHEREAS, pursuant to the provisions of subsection 156(1) of the
Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that Maurice S. Brenner, a registered
candidate, has contravened Part II of the Act, has applied in the
prescribed form to the Clerk of the corporation of the Town of
pickering, being the municipality with whom Maurice S. Brenner was
registered under section 139 of the Act, requesting that a compliance
audit of the 1991 election campaign finances of that registered
candidate be conducted; and
WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an
auditor licensed under the Public Accountancy Act, R.S.O. 1990,
chapter P.37, is hereby appointed to conduct a compliance audit of
the 1991 election campaign finances of Maurice S. Brenner, registered
candidate, in accordance with the provisions of the Municipal
Elections Act, R.S.O. 1990, chapter M.53.
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LOST
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Councillor Brenner declared an interested in this resolution because
he is the candidate named in the application for a compliance audit,
the auditors recommended to carrv out the compliance audit are the
ones he used for his election return and he mav be presentina a case
under the Freedom of Information Act reaardina this matter.
Recorded Vote:
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Yes:
No:
Councillor Higdon and Van Kempen
Councillors Johnson, pistritto, Wellman and Mayor Arthurs
Resolu~ion #136/92
Moved by Councillor Wellman
Seconded by Councillor Pistritto
WHEREAS, pursuant to the provisions of subsection 156(1) of the
Municipal Elections Act, R.B.D. 1990, chapter M.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that Maurice S. Brenner, a registered
candidate, has contravened Part II of the Act, has applied in the
prescribed form to the Clerk of the corporation of the Town of
pickering, being the municipality with whom Maurice S. Brenner was
registered under section 139 of the Act, requesting that a compliance
audit of the 1991 election campaign finances of that registered
candidate be conducted; and
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WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.D. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
The Council of the corporation of the Town of Pickering hereby
decides not to appoint an auditor licensed under the Public
Accountancy Act, R. S . D. 1990, chapter P. 3 7, to conduct a compliance
audit of the 1991 election campaign finances of Maurice S. Brenner,
registered candidate, in accordance with the provisions of the
Municipal Elections Act, R.B.D. 1990, chapter M.53.
CARRIED
Councillor Brenner declared an interested in this resolution because
he is the candidate named in the application for a compliance audit,
the auditors recommended to carrv out the compliance audit are the
ones he used for his election return and he mav be presentina a case
under the Freedom of Information Act reaardina this matter.
Recorded Vote:
Yes:
No:
Councillors Johnson, Pistritto, Wellman and Mayor Arthurs
Councillors Higdon and Van Kempen
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Resolu~ion #137192
Moved by Councillor Van Kempen
Seconded by Councillor Higdon
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WHEREAS, pursuan~ ~o ~he provisions of subsection 156(1) of the
Municipal ElectJ.ons Act, R.S.O. 1990, chapter M.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that Douglas Dickerson, a registered candidate,
has contravened Part II of the Act, has applied in the prescribed
form to the Clerk of the Corporation of the Town of Pickering, being
the municipality with whom Douglas Dickerson was registered under
section 139 of the Act, requesting that a compliance audi~ of the
1991 election campaign finances of that registered candidate be
conducted; and
WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an
auditor licensed under the Public Accountancy Act, R.S.O. 1990,
chap~er P.37, is hereby appointed to conduct a compliance audit of
the 1991 election campaign finances of Douglas Dickerson, registered
candidate, in accordance with the provisions of the Municipal
Elections Act, R.S.O. 1990, chapter M.53.
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LOST
Recorded Vote:
Yes:
Councillor Higdon and Van Kempen
Councillors Brenner, Johnson, Pistritto, Wellman and Mayor
Arthurs
No:
Resolu~ion #138192
Moved by Councillor Wellman
Seconded by Councillor Pistritto
WHEREAS, pursuan~ to the provisions of subsection 156 (1) of the
Municipal Elections Act, R.S.O. 1990, chapter N.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that Douglas Dickerson, a registered candidate,
has contravened Part II of the Act, has applied in the prescribed
form to the Clerk of the Corporation of the Town of Pickering, being
the municipality with whom Douglas Dickerson was registered under
section 139 of the Act, requesting that a compliance audit of the
1991 election campaign finances of that registered candidate be
conducted; and
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Resolu~ion #138/92 - con~inued
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WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
The Council of the Corporation of the Town of Pickering hereby
decides not to appoint an auditor licensed under the Public
Accountancy Act, R.S .0. 1990, chapter P .37, to conduct a compliance
audit of the 1991 election campaign finances of Douglas Dickerson,
registered candidate, in accordance with the provisions of the
Municipal Elections Act, R.S.O. 1990, chapter M.53.
CARRIED
Recorded Vote:
Yes:
Councillors Brenner, Johnson, Pistritto, Wellman and Mayor
Arthurs
Councillors Higdon and Van Kempen
No:
Resolu~ion #139/92
Moved by Councillor Van Kempen
Seconded by Councillor Higdon
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WHEREAS, pursuant to the provisions of subsection 156(1) of the
Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that James Richard Johnson, a registered
candida~e, has contravened Part II of the Act, has applied in the
prescribed form to the Clerk of the Corporation of the Town of
Pickering, being the municipality with whom James Richard Johnson was
registered under section 139 of the Act, requesting that a compliance
audit of the 1991 election campaign finances of that registered
candidate be conducted; and
WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
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The firm of Madgett, Roberts, Marlowe, Hurren and Partners, being an
auditor licensed under the Public Accountancy Act, R.S.O. 1990,
chapter P.37, is hereby appointed to conduct a compliance audit of
the 1991 election campaign finances of James Richard Johnson,
registered candidate, in accordance with the provisions of the
Municipal Elections Act, R.S.O. 1990, chapter M.53.
LOST
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Councillor Johnson declared an interest in this resolution because he
was the candidate named in the application for a compliance audit.
Recorded Vote:
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Yes:
Councillor Higdon and Van Kempen
Councillors Brenner, Pistritto, Wellman and Mayor Arthurs
No:
Resolution #140/92
Moved by Councillor Wellman
Seconded by Councillor Pistritto
WHEREAS, pursuant to the provisions of subsection 156(1) of the
Municipal Elections Act, R.S.O. 1990, chapter M.53, Alexander M.
Robertson, an elector in the Town of Pickering, having reasonable
grounds for believing that Douglas Dickerson, a registered candidate,
has contravened Part II of the Act, has applied in the prescribed
form to the Clerk of the Corporation of the Town of Pickering, being
the municipality with whom Douglas Dickerson was registered under
section 139 of the Act, requesting that a compliance audit of the
1991 election campaign finances of that registered candidate be
conducted; and
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WHEREAS the Council of the Corporation of the Town of Pickering has
considered that application, and the grounds set out therein for
believing that the registered candidate has contravened Part II of
the Act, and has decided not to appoint an auditor licensed under the
Public Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a
compliance audit of the 1991 election campaign finances of that
registered candidate;
NOW THEREFORE BE IT RESOLVED THAT:
The Council of the Corporation of the Town of Pickering hereby
decides not to appoint an auditor licensed under the Public
Accountancy Act, R.S.O. 1990, chapter P.37, to conduct a compliance
audit of the 1991 election campaign finances of Douglas Dickerson,
registered candidate, in accordance with the provisions of the
Municipal Elections Act, R.S.O. 1990, chapter M.53.
CARRIED
Councillor Johnson declared an interest in this resolution because he
was the candidate named in the application for a compliance audit.
Recorded Vote:
Yes:
No:
Councillors Brenner, Pistritto, Wellman ,and Mayor Arthurs
Councillors Higdon and Van Kempen
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(III)
ADJOURNMENT
The meeting adjourned at 8:01 p.m.
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.JIIIIIfII/i
APPENDIX #1
TOWN OF PICKERING
That the Executive Committee of the Town of Pickering having met on
September 14, 1992, presents its thirteenth report to Council and
recommends:
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1.
STATEMENT OF FINANCIAL POSITION
FOR JUNE 1992
FILE NUMBER - C 1000
That the half yearly Statement of the Financial Position
of the Municipality attached to the report of the
Treasurer/Collector dated August 7, 1992, be received.
2.
CROSSING GUARD - WHITES ROAD AND
BRIARWOOD GATE/BAYFIELD STREET
FILE NUMBER - E 4000
That the Report of the Town Manager with respect to an
additional Crossing Guard at the intersection of Whites
Road and Briarwood Gate/Bayfield Street be received.
3.
CO-OPERATIVE TENDER FOR SUPPLY (AND DELIVERY)
OF SODIUM CHLORIDE, NO. T-280-92
CO-OPERATIVE TENDER FOR DELIVERY OF
SODIUM CHLORIDE, NO. T-279-92
FILE NUMBER - C 4300
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That Co-operative Tender T-280-92 submitted by Akzo Salt
Ltd. for the supply of sodium chloride in the estimated
total amount of $175,450.00 be approved; and
That co-operative Tender T-279-92 submitted by T.H.
Forsythe Haulage for the delivery of sodium chloride in
the estimated total amount of $9,150.00 be approved.
4.
CO-OPERATIVE TENDER FOR SUPPLY AND DELIVERY
OF WINTER SAND, NO. T-282-92
FILE NUMBER - C 4300
That Co-operative Tender No. T-282-92, submitted by Vicdom
Sand and Gravel for the supply and delivery of Spec. I
.material in the amount of $29,040.00 be approved.
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5.
DESIGNATED PROPERTY GRANT
FOR MR. HUGH MILLER
FILE NUMBER - C 2440
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That the application for
the amount of $1,500.00
pertaining to property in
7, be approved.
a designated property grant in
submitted by Mr. Hugh Miller
Lots 16, 17 and 18, Concession
6.
LOCAL AIRPORT AUTHORITY
FILE NUMBER - A 2400
That the Council of the Corporation of the Town of
Pickering hereby endorses the following resolution of the
City of Mississauga:
"That we endorse the efforts and initiative of our Local
Boards of Trade and Chambers of Commerce in the formation
of the Pearson Regional Airports Corporation" PRAC", and
encourage them to continue their open consultative process
and leadership in co-operation with the organization of
the GTA Mayors and Regional Chairman's Task Force and work
co-operatively until we have a concensus on the
representation and that we include circulation to all
municipalities for endorsement."
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7.
CLERK'S STATEMENT ON CANDIDATES'
DISCLOSURE OF ELECTION
CONTRIBUTIONS AND EXPENSES
FILE NUMBER - A 2112
That Clerk's Report CL 72/92 attaching the Clerk's
Statement on Candidates' Disclosure of election
contributions and expenses be received.
8.
"ONTARIO HOME WEEK"
- SEPTEMBER 27 - OCTOBER 3,
"WASTE REDUCTION WEEK"
- SEPTEMBER 27 - OCTOBER 4,
FILE NUMBER - A 2111
1992
1992
That Mayor Arthurs be authorized to make
proclamations:
the following
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"ONTARIO HOME WEEK" - SEPTEMBER 27 - OCTOBER 3, 1992
"WASTE REDUCTION WEEK" - SEPTEMBER 27 - OCTOBER 4, 1992
9.
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10.
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13/92
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PERSONNEL MATTER
FILE NUMBER - 4 000
That the Town of Pickering participate in the Gazda,
Grenier Senior Middle Management Compensation - Selected
Ontario Towns/Cities and Regional Municipalities Survey.
GRANT REQUEST FROM MAYOR'S/CITIZENS'
TASK FORCE AGAINST DUMPS
FILE NUMBER - C 2163
That a grant in the amount of $3,000.00 be made to the
Mayor's/Citizens' Task Force Against Dumps in Pickering;
and that this amount be charged to Account 2195 (Grants to
Organizations and Individuals).
APPENDIX #2
TOWN OF PICKERING
That the Planning Committee of the Town of Pickering having met on
September 17, 1992, presents its second report to Council and
recommends:
1.
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2.
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ZONING BY-LAW AMENDMENT APPLICATION
TOWN INITIATED - (STEEPLE HILL)
PART OF BLOCK 56, PLAN 40M-1480
FILE NUMBER B 2310 - A 18/92
A 18/92
That Town Initiated Zoning By-law Amendment Application A
18/92 be APPROVED to permit the development of an
approximate 1300 square metre neighbourhood plaza, on lands
being Part of Block 56, Plan 40M-1480, Town of Pickering,
as set out in the zoning by-law contained in Appendix No. I
to Recommendation Report No. 15/92.
AS AMENDED
DRAFT PLAN OF SUBDIVISION 18T-91019
ZONING BY-LAW AMENDMENT APPLICATION A 2/92
BRAMALEA LIMITED
PART OF LOT 35, CONCESSION 1
FILE NUMBER - B 2310 - A 2/92 - 18T-91019
That Town Council recommend for APPROVAL Draft Plan
Subdivision 18T-91019, submitted by Bramalea Limited,
lands being Part of Lot 35, Concession 1, Town
Pickering, subject to the following conditions:
of
on
of
1.
That this recommendation apply to the plan identified
as the Town Recommended Plan and bearing the Town's
recommendation stamp.
2.
That the owner make satisfactory
Town regarding the required
including the conveyance of
purposes.
arrangements with the
parkland dedication,
Block 269 for park
3.
That the owner enter into a subdivision agreement with
and to the satisfaction of the Town.
4.
That the subdivision agreement contain a requirement
that Blocks 230 to 267 in the Town Recommended Plan be
held for use as an elementary school site and public
road, and that in the event that an elementary school
site is not developed on those Blocks they be
developed as public roads and residential lots.
Should these Blocks be used for an elementary school,
Block 268 may be used as a residential lot.
5.
That the owner make satisfactory arrangements
respecting the provision of all services required by
the Town.
6.
That the owner agree to dedicate all road allowances
with proper corner roundings and sight triangles to
the Town.
7.
That the owner convey to the Town free and clear of
all encumbrances and at no cost to the Town:
2.
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2/92
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a)
Block 275 for walkway purposes;
b)
Block 273 for stormwater management pond purposes;
c)
any easements required.
8.
That the owner convey Blocks 270, 271 and 272 to the
Metropolitan Toronto and Region Conservation Authority.
9.
That the owner make satisfactory arrangements with the
appropriate authorities regarding the provision of
underground wiring, street lighting, cable television
and other similar services.
10.
That the streets within
satisfaction of the Town.
the
plan
be
named
to
the
11.
That the owner submit for approval by the Town, site
plans and streetscape elevations showing the location
and relationship of all buildings, with details
specifically addressing the treatment of flankage
dwelling facades and flankage yard landscaping/fence
treatment, prior to issuance of any building permits.
12.
That prior to the registration of the plan, the owner:
a)
satisfy the Town respecting storm
management measures, and revisions to the
water management pond design necessary to
the Hogarth Street connection;
water
storm
allow
b)
satisfy the Town that the Ministry of Natural
Resources and the Metropolitan Toronto and Region
Conservation Authority are satisfied with all
grading and storm water management measures,
including the stormwater management pond design
incorporating the revisions requested by the Town;
c)
satisfy the Town respecting any changes to the
Town Recommended Plan resulting from any redesign
of the stormwater management pond;
d)
submit a detailed tree preservation programme
prepared in conjunction with the proposed grading
plan and engineering design plans for the subject
Plan, to the satisfaction of the Town, which
includes a ten metre undisturbed preservation
zone at the rear of Lots 6 to 14 and Lots 199 to
229; and shall not remove any trees until such
time as this programme has been approved by the
Town, except as authorized by the Director of
Community Services and Facilities;
e)
satisfy the Director of Public Works respecting
the submission and approval of a detailed soils
analysis report;
f)
satisfy the Town respecting an appropriate
contribution to the cost of installing automatic
traffic control gates at the Woodview Drive level
crossing of the Canadian National Railway
right-of-way;
g)
submit a draft 40M-Plan for approval by the Town
Planning Department.
13.
That the owner make satisfactory arrangements with the
Town regarding the removal, demolition, and/or
retention of all structures on the subject property.
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3.
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14.
That the owner satisfy the Town respecting the
construction of Taylor Street, West Street and Hogarth
Street.
15.
That the Ministry of the Environment be satisfied that
there is no methane gas problem on the subject lands.
16.
That Planning staff meet with Bramalea and the
Ministry of Natural Resources in an attempt to reach
an agreement on the delineation of an ANSI within
Block 271 of the Town Recommended Plan. Should an
agreement be reached between Bramalea Limited, the
Town and the Ministry of N,atural Resources that a
westerly shift in the ANSI boundary is appropriate,
then modifications to the plan may occur respecting
the westerly extension of lotting along Streets "C",
"D", and "E". Such lotting expansion shall not
increase the total unit yield of the plan beyond 304
units in the absence of a school on site or 272 units
if a school is located on site. Further, Town
Council's conditions of approval shall be considered
to be amended accordingly.
Should an agreement not be achieved on the delineation
of an ANSI boundary, this matter will be determined by
the Ontario Municipal Board."
17.
That the owner agree to pay total cost of the
improvement of the level crossing at Woodview Avenue."
AS AMENDED
DRAFT PLAN OF SUBDIVISION 18T-91019
ZONING BY-LAW AMENDMENT APPLICATION A 2/92
BRAMALEA LIMITED
PART OF LOT 35, CONCESSION 1
FILE NUMBER - B 2310 - A 2/92 - 18T-91019
That Zoning By-law Amendment Application A 2/92, submitted
by Bramalea Limited, on lands being Part of Lot 35,
Concession 1, Town of Pickering, be APPROVED IN PRINCIPLE
to implement development as proposed by Staff Recommended
Draft Plan of Subdivision 18T-91019 subject to the
following conditions:
,That the implementing Zoning By-law include, but
necessarily be limited to, the following provisions:
2.
3.
4.
5.
not
1.
That Blocks 230 to 267 in Town Recommended Draft Plan
of Subdivision 18T-91019 be appropriately dual-zoned
to permit either residential lots, or an elementary
school.
That the rear ten metres of Lots 6 to 14 and Lots 199
to 229 be zoned appropriately to recognize that area
as a tree preservation zone.
That Blocks 270,
hazard land.
271 and 272 be zoned open space -
That Block 269 be zoned for park purposes.
That the definition respecting semi-detached dwelling
units require attachment by a common wall above grade.
2/92
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4.
DRAFT PLAN OF SUBDIVISION 18T-91019
ZONING BY-LAW AMENDMENT APPLICATION A 2/92
BRAMALEA LIMITED
PART OF LOT 35, CONCESSION 1
FILE NUMBER - B 2310 - A 2/92 - 18T-91019
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That the Town Solicitor be
examine an expert witness
Environment to the Ontario
address the alleged methane
subdivision 18T-91019.
directed to call or cross
from the Ministry of the
Municipal Board hearing to
problem on draft plan of
AS AMENDED
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