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HomeMy WebLinkAboutNovember 4, 2002 Council Meeting Minutes Monday, November 4,2002 7:40 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 B. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - City Clerk - Committee Coordinator ADOPTION OF MINUTES Regular Meeting of October 21, 2002 II DELEGATIONS 1. Sylvain Trepanier, Vice-Chair and Cynthia Mearns, C.ED. of the Pickering Public Library made a presentation to Council on the Minister's Award for Innovation for the "Reference Chat" service which provides live reference to their clients over the Internet. - 1 - Council Meeting Minutes Monday, Novem bar 4, 2002 7:40 p.m. III RESOLUTIONS Resolution #122/02 - Appendix #1 Moved by Councillor Johnson Seconded by Councillor Holland That the Report of the Finance & Operations Committee dated October 28, 2002, be adopted. CARRIED Resolution #123/02 Moved by Councillor Pickles Seconded by Councillor Holland That the letter dated October 11, 2002 to the Federal Electoral Boundaries Commission for Ontario regarding electoral boundaries restructuring within the Regional Municipality of Durham, be received. CARRIED Resolution #124/02 Moved by Councillor Holland Seconded by Councillor Brenner That Mayor Arthurs be authorized to make the following proclamation: "AIDS Awareness Week" - November 25-30, 2002 CARRIED -2- Council Meeting Minutes Monday, November 4,2002 7:40 p.m. Resolution #125/02 Moved by Councillor Holland Seconded by Councillor Brenner WHEREAS numerous personal properties within the City of Pickering back upon Watercourse ravine areas; and WHEREAS the removal of trees from these environmentally sensitive areas can lead to erosion, loss of habitat and loss of aesthetic value adjacent to park land; and WHEREAS the former municipalities of East York and Scarborough already have by-laws to control tree removal from properties adjacent to ravines and the City of Toronto is preparing to implement a city-wide by-law; NOW THEREFORE the Council of the Corporation of the City of Pickering directs staff to prepare a draft by-law for consideration of Finance and Operations Committee that would require residents backing onto watercourse ravine areas to obtain a permit for felling healthy trees; and THAT the said by-law include a permit fee and fines for violation of the by-law; and THAT the by-law clearly outline very limited circumstances where the felling of healthy trees would be permitted; and THAT staff bring the draft by-law before Committee for consideration no later than February 24, 2003. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson and Pickles No: Councillors McLean, Ryan and Mayor Arthurs Council considered the following motion in conjunction with the above resolution: -3- Council Meeting Minutes Monday, November 4,2002 7:40 p.m. Moved by Councillor Ryan Seconded by Councillor McLean That staff seek public consultation to determine if there should be a by-law and if so, what regulations this by-law should appropriately contain. LOST Recorded Vote: Yes: Councillors McLean, Ryan and Mayor Arthurs No: Councillors Brenner, Holland, Johnson and Pickles Resolution #126/02 Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS an incident occurred in the City of Pickering on October 10, 2002 wherein a child was bitten so severely by a neighbour's dog that the child was taken to the hospital emergency department for treatment; and WHEREAS the incident took place on a public road and the child did not provoke the dog in any way; and . WHEREAS Section 9(1) of City of Pickering By-law Number 5728/00 (Cat & Dog By-law) states: Where a dog has bitten a person or domestic animal, the animal control and pound supervisor may, at his or her discretion, order the dog to be muzzled or leashed or both, for a period of time to be determined by the animal control and pound supervisor and the owner of the dog shall comply therewith. WHEREAS the Supervisor, Animal Services Centre determined that it was not necessary to order the dog that was involved in the October 10th incident to be muzzled; and WHEREAS the only other alternative left to the Mother of the child that was bitten to ensure the safety of her child was to make a civil application under the Dog Owners' Liability Act to have the offending dog destroyed; and -4- Council Meeting Minutes Monday, November 4, 2002 7:40 p.m. WHEREAS Section 4(1) of the Dog Owners' Liability Act states that "If it is alleged that a dog has bitten or attacked a person or domestic animal, a proceeding may be commenced against its owner...."; and WHEREAS a proceeding under Section 4(1) of the Dog Owners' Liability Act may be made by the municipality in addition to the person that was attacked by the dog or other interested party; and WHEREAS it is the responsibility of the municipality and its agent being the PAW Animal Services Centre to ensure the safety of its residents through aggressive enforcement and application of its by-laws; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby AMMENDS Section 9(1) of City of Pickering By-law Number 5728/00 (Cat & Dog By-law) to read: Where a dog has bitten a person or domestic animal, the animal control and pound supervisor shall order the dog to be muzzled and leashed for a period of time to be determined by the animal control and pound supervisor. And such determination shall include a period of quarantine as required in consultation with the Durham Regional Health Department. And the owner FURTHER THAT such muzzling and leashing order remain in effect until the owner of the dog can prove definitively that they have effective control of the dog or until a decision is made by the PAW Joint Animal Services Committee in the event that the owner of the dog appeals the muzzling and/or leashing order; and FURTHER THAT the Supervisor, Animal Services Centre shall immediately inform the Clerk of the City of Pickering of all incidents involving a dog bite in order for the City to initiate proceedings against the owner of the dog under the Dog Owners' Liability Act. Where such proceedings are deemed in the best interest and safety of the community. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, Pickles, Ryan and Mayor Arthurs No: Councillor McLean - 5- Council Meeting Minutes Monday, November 4,2002 7:40 p.m. illD ßY -LAW~ That Councillor Johnson, seconded by Councillor Brenner, took leave to introduce by-laws of the City of Pickering: By-law Number 6050/02 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, by By-law 6020/02, to implement the Official Plan of the City of Pickering, Region of Durham, Lot 2, Plan 473, in the City of Pickering. (A 20/02) By-law Number 6051/02 Being a by-law to authorize the execution of a Licence Agreement with Beverly & Ron Ireland for the operation of snack bar concessions at the Pickering Recreation Complex Arena. By-law Number 6052/02 Being a by-law to authorize the execution of a Licence Agreement with Sun-Glo Marketing for the operation of a Pro Shop at the Don Beer Arena. CARRIED THIRD READING: Councillor Johnson, seconded by Councillor Brenner, moved that the report of the Committee of the Whole on By-law Numbers 6050/02, 6051/02 and 6052/02, 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 v OTHER BUSINESS 1. Councillor Brenner gave notice of a motion to endorse the position of Clarington concerning the Ministry of the Environment and the spreading of sludge. 2. Councillor Brenner gave notice of a motion, seconded by Councillor Holland concerning a position and policy to ban all development on First Nations burial sites. -6- 9. 10. Council Meeting Minutes Monday, November 4, 2002 7:40 p.m. 3. Councillor Pickles questioned whether appointments of parents or staff are appropriate for parking enforcement at the Kiss & Ride Programs at various schools. 4. Councillor Johnson commented on the Brougham Union Hall/Masonic Hall property sale. 5. 6. Councillor Johnson advised of a petition for storm sewers on Southview Ave. Councillor Johnson advised of a petition from residents on Paddock Road against hard surface of that road but wanting hard surface on the 6th Concession and Sideline 16. 7. Councillor McLean congratulated Cloey Poon on her award for community involvement. 8. Councillor McLean suggested that a building on Sandy Beach Road will be coming available and could possibly be used temporarily for the Flea Market. Councillor McLean requested an emergency meeting of PAW to discuss the approved resolution by Council concerning the muzzling and quarantining of dogs. Councillor Holland gave notice of motion concerning electrical deregulation. VI CONFIRMATION BY-LAW By-law Number 6053/02 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 November 4, 2002. CARRIED -7- ~ 'iI¡ o~ . I@I I Council Meeting Minutes Monday, November 4, 2002 7:40 p.m. VII ADJOURNMENT The Meeting adjourned at 9:40 p,m. DATED MAYOR CLERK -8- Appendix I Finance & Operations Committee Report FOe 2002-8 That the Finance & Operations Committee of the City of Pickering having met on October 28th, 2002 presents its eighth report to Council: 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 44-02 PICKERING RECREATION COMPLEX ARENA SNACK BAR CONCESSIONS 1. That Report OES 44-02 regarding the Pickering Recreation Complex Arena Snack Bar Concessions, be received by Council; and 2. That the proposal submitted by Beverly and Ron Ireland for the lease of space to operate snack bar concession facilities within the Pickering Recreation Complex (Arena only) be accepted; and 3. That staff be authorized to negotiate an arrangement with Beverly and Ron Ireland for the lease of space to operate snack bar concession facilities within the Pickering Recreation Complex (Arena only); and 4. That a by-law be enacted to authorize the execution of a License Agreement pursuant to which Beverly and Ron Ireland will be permitted to operate snack bar concession facilities, for a three-year term, within the Pickering Recreation Complex (Arena only). 2. OPERATIONS & EMERGENCY SERVICES REPORT OES 43-02 DON BEER ARENA PRO SHOP 1. That Report OES 43-02 regarding the Don Beer Arena Pro Shop, be received by Council; and 2. That the proposal in reply to RFP-6-2002, submitted by Sun-Glo Marketing, for the lease of space for a Pro Shop at the Don Beer Arena, be accepted, and 3. That staff be authorized to negotiate an arrangement with Sun-Glo Marketing for the lease of space for a Pro Shop at the Don Beer Arena; and 4. That a by-law be enacted to authorize the execution of a License Agreement pursuant to which Sun-Glo Marketing will be permitted to lease, for a three-year term, a Pro Shop at the Don Beer Arena. -9- Appendix I Finance & Operations Committee Report FOe 2002-8 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 38-02 Q-28-2002 - SUPPLY AND DELIVERY OF 4 TON TRUCK 1. That Report OES 38-02 of the Division Head, Municipal Property & Engineering regarding Quotation Q-28-2002 for the supply and delivery of a four ton truck; be received; and 2. That Request for Quotation No. Q-28-2002 submitted by Freightliner Mid-Ontario Inc. in the amount of $138,720 plus 7% G.S.T. and 8% P.S.T. for a total purchase price of $159,528 and a net cost after G.S.T. rebate of $153,980 be accepted; and 3. That Council approve an increase in funding of $13,980 resulting in a total revised expenditure of $153,980 and revised funding as follows: Transfers from Reserve Funds: Development Charges City Share-Development Charges Projects Total Revised Funding $ 92,400 61.580 $ 153,980 4. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 4. OPERATIONS & EMERGENCY SERVICES REPORT OES 39-02 SHADOWLAND & ASSOCIATES ON BEHALF OF PICKERING HOCKEY ASSOCIATION (PHA) AND DURHAM WEST GIRLS HOCKEY ASSOC. (DWGHA) (THE PARTNERS) PROPOSAL FOR FUNDRAISING TO FINANCE SHARE OF THE NEW THIRD PAD. DON BEER SPORTS ARENA 1. That Report OES 39-02 regarding Shadowland & Associates proposal, be received; and 2. That the Council of the Corporation of the City of Pickering endorse the concepts of fund raising outlined in the proposal; and 3. That the Council authorize the appropriate staff of the City to coordinate with Shadowland & Associates for the naming of various components of the Don Beer Arena; and - 10- Appendix I Finance & Operations Committee Report FOC 2002-8 4. That the Council authorize the Mayor and Clerk to enter into agreements respecting the naming and donations related thereto. 5. OPERATIONS & EMERGENCY SERVICES REPORT OES 41-02 LIVERPOOL ROAD SOUTH AREA GREAT LAKES NAUTICAL VILLAGE PHASE ONE MILLENNIUM SQUARE TO WHARF STREET 1. That Report OES 41-02 regarding Phase One of the Liverpool Road South Area Detailed Review, be received; and 2. That the Phase One (Millennium Square to Wharf Street) of the Liverpool Road South Area Detail Review being streetscape and road reconstruction as approved by Council under Report OES 004-02 be approved in the amount of $199,878 to be undertaken by Glenbrook Homes in conjunction with their development; and 3. That the financing be in the form of an internal loan as approved by Council in the 2000 Capital Budget and under Resolution #110/02 in conjunction with Report CS 18-02 and the additional expenditure in the amount of $18,495 be financed from current funds; and 4. That staff of the City of Pickering be authorized to give effect hereto. 6. OPERATIONS & EMERGENCY SERVICES REPORT OES 45-02 KROSNO CREEK FLOODPLAIN MAPPING STUDY 1. That Report OES 45-02 regarding the Krosno Creek Floodplain Mapping Study, be received; and 2. That staff from the City of Pickering continue working with TRCA to facilitate a public consultation process to advise landowners within the watershed of the implications of the study and recommendations for next steps to implement solutions; and 3. That staff be authorized to initiate a Request for Proposal for consulting services to conduct a Class Environmental Assessment for Krosno Creek Floodplain Remediation Strategies, subject to approval of this item in the 2003 Current Budget. - 11 - Appendix I Finance & Operations Committee Report FOe 2002-8 7. CORPORATE SERVICES REPORT CS 25-02 SECTION 441/442/443 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES 1. That Report CS 25-02 of the Director, Corporate Services, regarding Section 441/442/443 of the Municipal Act - Adjustment to Taxes, be received; and 2. That the write-offs of taxes as provided under Section 441, 442 and 443 of the Municipal Act, RS.O. 1990, as amended, be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 8. NEW FITNESS EQUIPMENT PICKERING RECREATION COMPLEX 1. The purchase of fitness equipment and rubber flooring for the Pickering Recreation Complex in the amount of $181,009.79 as indicated below be approved. EQUIPMENT (SUPPLIER) - 12- PURCHASE LUMP SUM $52,400.00 $36,200.00 $18,540.00 $26,281.55 $22,500.00 $155,921.55 $10,673.73 $10,914.51 $3,500.00 ~ ~'Ú¡ 0# l:iil I Appendix I Finance & Operations Committee Report FOe 2002-8 2. a) That Council authorize the Director, Corporate Services & Treasurer to finance the project through the projected Health Club membership revenue increase of $190,000 as a result of the sale of an additional 500 new annual memberships over a 24 month period. b) The Treasurer be authorized to take any actions necessary in order to effect the foregoing. 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. - 13-