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HomeMy WebLinkAboutNovember 7, 1977 - 144 - 27/77 COUNCIL MEETING A Meeting of the Pickering Town Council was held on MONDAY, NOVEMBER 7th 1977 at 7:30 P.M. PRESENT: Mayor J. Anderson Councillors L. Cahill G. Fisher N. Geragh ty D. Kitchen K. Matheson A. Robertson N.C. Marshall - Town Manager B. Taylor Town Clerk J.P. Myslik Deputy Clerk (I) ADOPTION OF MINUTES Moved by Councillor Robertson, seconded by Councillor Geraghty that the minutes of the meeting of October 24th 1977, be adopted. CARRIED ( II) PRESENTANTIONS Mr. Bernard Stratton of the Durham West Canadian Red Cross Society was in attendance to present certificates to the following donors: Mr. R.A. Hickey Mr. S. MacDonald (III) DELEGATIONS MOTION Moved by Councillor Robertson, seconded by Councillor Fisher that Mr. Wiilis Mahood be heard. CARRIED Mr. Willis Mahood addressed Council with respect to a Taxicab OWner's Licence which is being revoked and held in abeyance until 1978. (IV) RESOLUTIONS REPORT OF THE EXECUTIVE COMMITTEE OF OCTOBER 31st 1977 See Appendix I Resolution 209/77 Moved by Councillor Geraghty, seconded by Councillor Fisher that the Executive Committee Report dated October 31st 1977 item #1 to #14 and item #16, be adopted. CARRIED Resolution 210/77 - Item #15 Moved by Councillor Robertson, seconded by Councillor Cahill that Item #15 of the Executive Committee Report of October 31st 1977, be referred back to the Executive Committee. CARRIED - 145 - 27/77 (IV) RESOLUTIONS (Continued) Resolution 210/77 - Item #15 Recorded Vote: Yea: Messrs. Geraghty, Matheson, Robertson, Cahill, Fisher and Mayor Anderson. Councillor Kitchen. Nay: Resolution 211/77 Moved by Councillor Robertson, seconded by Councillor Kitchen that the Department Head Reports for the month of October 1977 be adopted: Town Manager's Department Treasury Department Legal Department Fire Department Public Works Department Recreation Department Transit Department Planning Department CARRIED Resolution 212/77 Moved by Councillor Matheson, seconded by Councillor Fisher that: 1) By-law 701/77 is in conformity with the Official Plan of the Town of Pickering approved and in force at the time said By-law was passed, namely the 20th day of September 1977; 2) No further Official Plan has been proposed by Council nor approved by the Ministry of Housing since the passing of said By-law 701/77 and which said By-law would not be in conformity, including the District Plan of the Town of Pickering District Planning Area, Region of Durham which was adopted by Council February 17th 1975 and recommended to the Region of Durham for approval. CARRIED Recorded Vote: Yea: Councillors Geraghty, Matheson, Robertson, Cahill, Fisher and Mayor Anderson. Nay: Councillor Kitchen. - 146 - 27/77 (IV) RESOLUTIONS (Continued) Resolution 213/77 Moved by Councillor Fisher, seconded by Councillor Geraghty that: 1) 2) Resolution 214/77 By-law 702/77 is in conformity with the Official Plan of the Town of Pickering approved and in force at the time said By-law was passed, namely the 20th day of September 1977; No further Official Plan has been proposed by Council nor approved by the Ministry of Housing since the passing of said By-law 702/77 and which said By-law would not be in conformity, including the District Plan of the Town of Pickering District Planning Area, Region of Durham which was adopted by Council February 17th 1975 and recommended to the Region of Durham for approval. CARRIED Moved by Councillor Robertson, seconded by Councillor Matheson that whereas Frenchman's Bay is a vital and important natural resource of the Town of Pickering; AND WHEREAS the actions of the Pickering Harbour Company (Limited) in the purported exercise of its harbour franchise have frustrated the use and enjoy- ment of Frenchman's Bay by the public and more particularly the inhabitants of the Town of Pickering; AND WHEREAS the harbour franchise is no longer exercised to fulfill the "harbour trusts" upon which the franchise was originally granted; AND WHEREAS the Town of Pickering desires that the harbour franchise be exercised to fulfill the "harbour trusts" so that the public at large can use and enjoy Frenchman's Bay; AND WHEREAS the matter is of the utmost urgency to the inhabitants of this Municipality; 1. BE IT THEREFORE RESOLVED: 2. That the Parliament of Canada be requested to enact appropriate -legislation to cancel and revoke the franchise granted to the Pickering Harbour Company Limited to operate a harbour and to charge tolls and other related and incidental powers connected therewith at Frenchman's Bay in the Town of Pickering as more particularly set forth in an Act to incorporate the Pickering Harbour Company Limited, 40 Vict. c.67. That the Governor General in Council be requested by Order-in-Council to establish a Harbour Commission under the Harbour Commissions Act, S.C. 1964-65, c.32 and that the exercise of the harbour powers be transferredfar administration purposes to the Department of Fisheries and Environment, Small Craft Harbours Branch, which body could then enter into a satisfactory managerial agreement with this Municipality or its agent for the proper operation and control of the harbour for the public benefit. - 147 - 27/77 (IV) RESOLUTIONS ( Con tin ued) Resolution 214/77 (Cont.) Recorded Vote: Yea: Messrs. Anderson, Cahill, Fisher, Geraghty, Kitchen, Matheson, Robertson. (V) BY-LAWS Councillor Kitchen, seconded by Councillor Geraghty moved for leave to introduce By-laws of the Town of Pickering: By-Law Number 720/77 To authorize the execution of a development agreement between the Corporation of the Town of Pickering, Orangebrook Developments Limited and Ballycroy Invest- ments Limited with respect to the development of certain lands in Lot 18, Range 3, (Part 1, Plan 40R-2603) By-law Number 721/77 To authorize the execution of a Subdivision Agree- ment between the Corporation of the Town of Pickering and Parcival Development Limited with respect to Lots 89 - 92, Plan 350, Town of Pickering (Draft Plan Number l8T-760l4) By-Law Number 722/77 To amend By-law 266/75, limiting the number of auto- mobile service stations and public garages. By-Law Number 723/77 To amend By-law 3821/70, respecting the operation of noisy machinery and noises. By-Law Number 724/77 To authorize the execution of an Agreement between the Corporation of the Town of Pickering and Robert P. Jones with respect to Lot 29, Registered Plan 228, (storm sewer outfall) THIRD READING Councillor Kitchen, seconded by Counci110r Geraghty moved that the report of the Committee of the Whole on By-law Numbers 720/77 to 724/77 inclusive, be adopted, and that the said By-laws be now read a Third Time and PASSED, that the Mayor and Clerk sign the same, and that the Seal of the Corporation be affixed thereto. CARRIED By-laws read a first, second and third time and finally passed. - 148 - 27/77 (VI) 1. OTHER BUSINESS Fire Calls - Unassessed Buildings Resolution 215/77 Moved by Councillor Matheson, seconded by Councillor Cahill that the Town Solicitor and the Fire Chief investigate the legality of charging owners of unassessed buildings for fire calls. CARRIED 2. Draft Plan of Subdivision - E & A. Tschipper Resolution 216/77 Moved by Councillor Kitchen, seconded by Councillor Fisher that Item #1 of the report of the Exective Committee of October 17th 1977, approved on October 24th 1977, regarding the deferral of Draft Plan of Subdivision l8T-77059 by E. & A. Tschipper, be reconsidered by the Executive Committee. CARRIED 3. Mayor Anderson stated that the Claremont Secondary Plan would be presented on November 15th 1977 at 8:00 p.m. at the Claremont Community Centre and the Town Centre Plan would be presented on November 21st 1977 at 8:00 p.m. (publicly) at the Municipal Building. 4. The Town Manager requested that a date and location be established to present the Frenchman's Bay Preliminary Plan. (VII) CONFIRMATION BY-LAW By-Law Number 725/77 Councillor Cahill, seconded by Councillor Matheson moved for leave to introduce a By-law of the Town of Pickering to confirm the proceedings of the Council of the Corporation of the Town of Pickering at its meeting held on the 7th day of November 1977, and that same be now read a first, second and third time 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 By-law read a first, second and third time and finally passed. (VIII) ADJOURNMENT Moved by Councillor Cahill, seconded by Councillor Matheson that the meeting adjourn at the hour of 8:30 p.m. Dated November 21st 1977 Clerk ..:> REPORT OF THE EXECUTIVE COMMITTEE OF OCTOBER 31st 1977 1. ~. 1L~ ....y - ~ .. 2. " ~ 3. 4. 5. 4 .. 6. ,~> " -,,- MODIFICATION TO MINISTER'S ZONING ORDER R. & J. MILLAR - M 3/77 PART LOT 7, CONCESSION 7 That the Municipality not confirm its original decision expressed in Resolution 25/77, Item 3, of February 21st 1977, with respect to the application for a Minister's Zoning Order Modification on property owned by R. & J. Millar in ~art Lot 7, Concession 7 and that Resolution 25/77 be rescinded. MODIFICATION TO MINISTER'S ZONING ORDER N. PHILIPIDES - M 21/77 PART LOT 3, CONCESSION 7 That application M 21/77 submitted by N. Phi1ipides for lands being Part Lot 3, Concession 7, on the south side of the intersection of the Eighth Concession Road and Sideline 2, be REFUSED, as the proposal is not within the intent and purpose of Council's Rural Area Policy, as stipulated in Resolution 164/74. SUBDIVISION AGREEMENTS - INDUSTRIAL/RESIDENT¡AL RATIO That the report of the Town Manager dated October 20th 1977 with respect to the industrial/residential ratio on existing subdivision agreements be received. SIDEWALK - LIVERPOOL ROAD SOUTH That the Director of Public Works be authorized to obtain quotations on the installation of a sidewalk on the east side of Liverpool Road, running from the Holy Redeemer Separate School to Commerce Street and that he proceed with the work immediately. ORANGEBROOK DEVELOPMENTS LIMITED - DEVELOPMENT AGREEMENT That the report of the Town Solicitor dated October 27th 1977 be adopted and that a by-law be passed authorizing the execution of a Development Agreement between the Municipality and Orangebrook Developments Limited with respect to their proposed industrial building located on the south side of Bayly Street, immediately east of their existing building on the east side of Brock Road. PARCIVAL DEVELOPMENTS LIMITED - SUBDIVISION AGREEMENT - LOTS 89 - 92, PLAN 350, DRAFT PLAN l8T-760l4 That the report of the Town Solicitor dated October 27th 1977 be adopted and that a by-law be passed authorizing the execution of a Subdivision Agreement between the Municipality and parcival Developments Limited with respect to lands located on the west side of Rosebank Road in Plan 350, Lots 89 - 92. Continued......2 7. '9 ~ .~ 8. ~ 9. 10. 11. 12. - 2 - PUBLIC GARAGES - BY-LAW 266/75 - ISSUANCE OF LICENCES That the report of the Town Solicitor dated October 27th 1977 be adopted with respect to the Public Garages Licensing By-law 266/75 and that it be amended to permit the operation of' a public garage at the Spur Station at the corner of White's Road and Kingston Road and to permit the operation of a simonizing business from the existing B.P. Station located at the 'south west corner of Brock Road and Bayly Street. FIRE ACCESS ROUTES - BY-LAW 182/75 That the report of the Town Solicitor dated October 27th 1977 be adopted with respect to the designation of various Fire Routes as called for under By-law # 182/75. ROYAL CANADIAN LEGION - REMEMBRANCE WEEK That the week of November 6th to November 11th 1917 be declared as Remembrance Week within the Town of Pickering and that the Legion be permitted to sell poppies on the 3rd, 4th and 5th November, 1977. NOTICE OF MOTION - NOISE BY-LAW 3821/70 That Section 6 of By-law 3821/70, as amended by Section 1 of By-law 497/76, be further amended to provide that the provisions of the said By-law 3821/70 shall not apply to any bona fide farm operation being in an agricultural zone north of the Third Concession Road in the Town of Pickering, causing noise in the actual operation of his farm during cultivating, seeding, crop maintenance and harvesting. ACCOUNTS FOR APPROVAL That the Accounts dated October 21st 1977 in the amount of $1,355,352.97, as submitted by the Town Manager, be approved. LAND DIVISION APPLICATION LD 433/77 - V. KAHN That application LD 433/77 by V. Kahn be recommended to the Region of Durham Land Division Committee for approval, subject to the following condition: 1. That the applicant enter into an Agreement with the Town of Pickering to be registered on title of the 49.62+ acre parcel and be binding on all future-owners. Such agreement shall include, but not necessarily restrict the provision that no residential dwelling or structures for habitable purposes be permitted, other than those specifically for agricultural uses, nor shall any further severances be considered on these lands until such time as municipal sewer and water wervices have been made available to the subject lands. Continued......3 13. ~" 14. . 15. 16. ,,( þ - 3 - SERVICE CONNECTION CHARGES IMPOSED BY REGION OF DURHAM That the Town of Pickering recommend to the Region of Durham that the cost of service connections be amortized over a twelve month period. RECORDS MANAGEMENT STUDY That the final invoice of Haskins and Sells Associates for the Records Management Study in the amount of $5,710.00 be paid and that an expenditure under Account 1599 - Other Miscellaneous Transactions, be approved. TAXICAB LICENCES - BY-LAW 142/74 That the report of the Town Solicitor dated October 27th 1977 with respect to the revocation of a Taxicab Owner's Licence, presently issued to Mr. Hugh Robinson, be adopted and that the licence be held in abeyance until 1978. IMPROVEMENTS TO VISTULA RAVINE - ADJACENT TO 925 BAYLY STREET That the Director of Public Works be authorized to proceed with the improvements to the Vistu1a Ravine, adjacent to 925 Bayly Street, consistent with his report of October 25th 1977.