HomeMy WebLinkAboutNovember 18, 2002
Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
PRESENT:
Mayor Wayne Arthurs
COUNCILLORS:
M. Brenner
M. Holland
R. Johnson
B. Mclean
D. Pickles
D. Ryan
ALSO PRESENT:
T. J. Quinn
B. Taylor
C. Rose
D. Kearns
- Chief Administrative Officer
- City Clerk
- Manager, Policy
- Committee Coordinator
ADOPTION OF MINUTES
Regular Meeting of November 4, 2002
Special Meeting of November 4, 2002
~
Councilor Brenner Rose on a Point of Personal Privilege reading a letter to Council
Members from the Chief of the Huron Wendat Nation.
1.
David Grey-Eagle, representing the Huron Wendat Nation, addressed Council to
support the Notice of Motion regarding the preservation of aboriginal cultural
heritage and archaeological sites.
2.
The following persons addressed Council with respect to the Notice of Motion
regarding the regulation of dirt bikes:
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Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
a) Sue Statten, requesting a by-law be passed to stop private dirt bike tracks.
b) Keri Eskelinin, advised that the noise is unbearable from the dirt bikes and
requested that the proposed by-law include a section restricting noise levels.
c) Gayle Harrington, further commented on the problems encountered with the dirt
bikes and stressed the need to ensure that this by-law is enforceable.
(III)
RESOLUTIONS
Resolution #131102 - Appendix #1
Moved by Councillor Johnson
Seconded by Councillor Ryan
That the Report of the Committee of the Whole dated November 11, 2002, be adopted.
CARRIED
Resolution #132/02
Moved by Councillor Ryan
Seconded by Councillor Holland
That Mayor Arthurs be authorized to make the following proclamations:
"Drug Awareness Week" - November 17-23, 2002
"Lung Association Awareness Month" - December, 2002
CARRIED
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Council Meeting Minutes
Monday, Novem ber 18, 2002
7:30 p.m.
Resolution #133/02
Moved by Councillor Pickles
Seconded by Councillor Johnson
WHEREAS By-law 1983/85 regulates the operation of dirt bikes and other off-road
vehicles in the City under the authority of Section 14.1 of the Off-Road Vehicles Act; and
WHEREAS the main restrictions of this By-law are:
.
No person shall operate an off-road vehicle without authority from the occupier of
the property.
No person shall operate an off-road vehicle south of the Hydro right-of-way that
crosses the City in the area of Concession 3 Road; and
.
WHEREAS the operation of an off-road vehicle or dirt bike on highways is regulated under
the Highway Traffic Act; and
WHEREAS the new Municipal Act may allow the municipality some powers with respect to
dirt bikes as follows:
Section 128(1) states that "A local municipality may prohibit and regulate with
respect to public nuisances, including matters, that, in the opinion of Council, are or
could become or cause public nuisances."
Section 129 (1) states that "A local municipality may prohibit and regulate with
respect to noise, vibration, odour, dust and outdoor illumination ...."
Section 170 states that "A local municipality may prohibit or license, regulate and
govern the racing of motor vehicles and the holding of motor vehicle races"; and
WHEREAS a very sad and unfortunate incident occurred this summer in north Pickering in
which a young boy was killed operating an all-terrain vehicle on a course on private
property; and
WHEREAS residents in north Pickering were very saddened and concerned about the
circumstances of this death; and
WHEREAS residents have raised a number of concerns about noise, dust and other
nuisances related to the operation of all-terrain and off-road vehicles;
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Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of
Pickering directs staff to prepare a draft by-law for consideration at a Finance and
Operations Committee that would regulate the operation of all-terrain and off-road vehicles
at facilities; and
THAT staff, in preparing a draft by-law, consult with the Ministry of Transportation and
Durham Regional Police; and
THAT the said by-law include appropriate fines for violation of the by-law; and
THAT the said by-law specify the circumstances under which off-road vehicles, including
all-terrain vehicles, dirt bikes, and snowmobiles, and related facilities, would be permitted;
and
THAT staff forward the draft by-law to Committee for consideration no later than the March
2003 meeting of the Finance and Operations Committee.
CARRIED
Recorded Vote
Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs
Resolution #134/02
Moved by Councillor Brenner
Seconded by Councillor Pickles
WHEREAS residents in the rural community of the City of Pickering have expressed
concerns about the use of sewage biosolids for the purpose of fertilizing soil on agricultural
lands; and
WHEREAS the effects of the use of sewage biosolids on wetlands and groundwater
sources has not been determined; and
WHEREAS it is the responsibility of the Ministry of the Environment to issue Certificates of
Approval for Organic Soil Conditioning Sites that allow for the use of sewage biosolids; and
WHEREAS the Council of the Municipality of Clarington has also expressed concern about
the use of sewage biosolids in that municipality;
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Council Meeting Minutes
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7:30 p.m.
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
endorses the following resolution passed by the Council of the Municipality of Clarington
on October 28,2002:
WHEREAS the Ministry of the Environment issued Certificates of Approval
for Organic Soil Conditioning Sites provided the applicants meet the
conditions required by the Environmental Protection Act and Ontario
Regulation 347;
AND WHEREAS Certificates of Approval have been issued for various sites
throughout the Municipality of Clarington without municipal consultation;
AND WHEREAS the spreading of sewage biosolids has caused concern with
residents of the municipality in regard to the possible effects on wetlands
and groundwater sources;
NOW THEREFORE BE IT RESOLVED THAT the Ministry of the Environment
be requested to suspend all current Certificates of Approval and withhold
granting of any future certificates on lands located within the Municipality of
Clarington and that the Regional Health Department receive a copy of this
resolution.
AND FURTHER THAT the Council of the City of Pickering hereby also requests the
Ministry of the Environment to suspend all current Certificates of Approval for Organic Soil
Conditioning Sites and withhold granting any future Certificates on lands within the City of
Pickering until the full environmental effects of using biosolids is determined; and
FURTHER THAT a copy of this resolution be forwarded to:
. Regional Municipality of Durham
. All Durham area municipalities
. The Honourable Janet Ecker, MPP, Pickering-Ajax-Uxbridge
. The Honourable Chris Stockwell, Minister of the Environment
TABLED
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Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
Council considered the following motion in conjunction with the above resolution:
~esolution #134~
Moved by Councillor Johnson
Seconded by Councillor Mclean
That the above resolution be Tabled.
CARRIED
Resolution #135/02
Moved by Councillor Brenner
Seconded by Councillor Holland
That the Council of the Corporation City of Pickering adopt the following practices in
assessing all matters of development and or redevelopment within the City of Pickering:
1. All significant aboriginal cultural heritage and archaeological sites shall be
preserved.
2. An Archaeological Master Plan shall be developed to incorporate any and all
available information on such sites and that Plan be subject to approvals from the
appropriate First Nation.
3. A minimum 120- metre archaeological heritage zone shall be created around all
watercourses. Approval of any development within this area will be contingent upon
recommendation of an independent archaeological assessment completed to the
satisfaction of planning staff and the most directly affected First Nation. And that
these practices be considered as a bench mark throughout the GT A and that this
recommendation be forwarded to the Provincial Smart Growth Committee for its
endorsement.
4. Exhumation and re-burial of human remains for the purpose of facilitating
development shall be prohibited.
And that staff of the Department, Planning and Development take the necessary steps to
incorporate these practices in all policies and procedures that govern development within
the City of Pickering; and
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Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
That this resolution along with a copy of Report to Council MBCO 2-02 be forwarded to all
Durham Regional Municipalities for endorsement and to all Municipal Councils within the
Province of Ontario; and
That this resolution be forwarded to the Honourable Robert Daniel Nault, Minister of Indian
Affairs & Northern Development Canada with the request that all significant aboriginal
cultural heritage and archaeological sites be designated as sites of national importance.
REFERRED TO STAFF
Council considered the following motion in conjunction with the above resolution:
Resolution #135/02 a
Moved by Councillor Pickles
Seconded by Councillor McLean
That the above resolution be referred to staff for a report to Council on the implications of
the resolution.
CARRIED
Resolution #136/02
Moved by Councillor Holland
Seconded by Councillor Brenner
For Leave to Introduce a Notice of Motion concerning Infested Ash Trees.
LOST
illO
BY-LAWS
That Councillor Pickles, seconded by Councillor Holland, took leave to introduce by-laws of
the City of Pickering:
By-law Number 6054/02
Being a by-law to dedicate Blocks 23 & 24, Plan 40M-2068; Parts of Lot 5, Plan 282,
Pickering, designated as Parts 2, 4, 5, 8 and 12, Plan 40R-21166; Part Block 22, Plan
40M-2068, designated as Part 13, Plan 40R-21166; and Part Block 21, Plan 40M-2068,
designated as Part 14, Plan 40R-21166 as public highway.
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Council Meeting Minutes
Monday, November 18,2002
7:30 p.m.
By-law Number 6055/02
Being a by-law to name Blocks 23 & 24, Plan 40M-2068; Parts of Lot 5, Plan 282,
Pickering, designated as Parts 2, 4, 5, 8 and 12, Plan 40R-21166; Part Block 22, Plan
40M-2068, designated as Part 13, Plan 40R-21166; and Part Block 21, Plan 40M-2068,
designated as Part 14, Plan 40R-21166 as 'Rockwood Drive'.
By-law Number 6056/02
Being a By-law to authorize the granting of an Easement in favour of Bell Canada over that
part of Block BX, Plan M-11, Pickering, designated as Part 3, Plan 40R-20134.
By-law Number 6057/02
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the City of Pickering district Planning Area, Region of
Durham in Part of Lot 31, Concession 2, in the City of Pickering. (SP-2001-02, A 9/01)
By-law Number 6058/02
Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking
Regulation -1355 Kingston Road, 1203-1257 Bayly St. and 1918 Whites Road.)
CARRIED
THIRD READING:
Councillor Pickles, seconded by Councillor Holland, moved that the report of the
Committee of the Whole on By-law Numbers 6054/02, 6055/02, 6056/02, 6057/02 and
6058/02, 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 Holland introduced a Notice of Motion he will be introducing concerning
Infested Ash Trees.
2.
Councillor Johnson suggested that a public presentation on Biosolids be arranged.
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Council Meeting Minutes
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7:30 p.m.
3
The following matters were discussed prior to the regular meeting:
a) The Director, Operations & Emergency Services outlined the options with
respect to paving Sideline 16.
b) The Chief Administrative Officer indicated that he would be circulating a
Confidential Memorandum from the Director, Corporate Services & Treasurer
concerning Briefing on OPG Appeal Meeting of November 15, 2002, a memo
from the Division Head, Corporate Projects & Policy concerning Temporary
Relocation of Pickering Markets and information on the new Customer Care
Tracking System.
c) Councillor Ryan advised that Inspector Whiteway of the Durham Regional Police
attended the Race Relations & Equity Meeting to discuss and advise that Racial
Profiling is not and would not be tolerated in Durham Region.
VI
CONFIRMATION BY-LAW
By-law Number 6059/02
Councillor Johnson, seconded by Councillor McLean, 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 and Special Council Meetings of November 18, 2002.
CARRIED
VII
ADJOURNMENT
The Meeting adjourned at 10:20 p.m.
DATED
MAYOR
CLERK
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C¿ÚI o~
Appendix I
Committee of the Whole Report
COW 2002-11
That the Committee of the Whole of the City of Pickering having met on November 11, 2002
presents its eleventh report to Council:
1.
CHIEF ADMINISTRATIVE OFFICE REPORT CAO 07-02
TENDER/CONTRACT APPROVAL
COUNCILS' SUMMER RECESS
1. That Report to Council CAO 07-02 reporting on tender and contract approvals
during Councils' Summer Recess, be received; and
2. That Council pass a resolution ratifying the approval of the Tenders and Contracts
contained in this Report by the Chief Administrative Officer during Council's
summer recess (Le. from June 25 to July 26, 2002 and from July 30, 2002 to
September 6, 2002) being Tenders T206-2002; T7-2002, T3-2002 and the Fire
Services Telephone System Replacement Contract; and
3. a) That the Director, Corporate Services & Treasurer be authorized to finance the
Granite Court Bridge Repair (T-3-2002) project through the issuance of debt
through the Region of Durham; and
b) That debt financing in the amount of $100,000 for a period not exceeding 10
years, at a rate to be determined, be approved; and
c) That financing and repayment charges in the amount of approximately
$14,000.00 be included in the annual Current Budget for the City of Pickering
commencing in 2003 and continuing thereafter until the loan is repaid; and
d) That the Director, Corporate Services & Treasurer has certified that this loan
and the repayment 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\
e) That the Director, Corporate Services & Treasurer be authorized to take any
actions necessary in order to effect the foregoing.
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Appendix I
Committee of the Whole Report
COW 2002-11
2.
CLERKS REPORT CL 36-02
2003 ANIMAL SERVICES BUDGET
1. That Clerk's Report CL 36-02 regarding the proposed 2003 Animal Services Budget,
be received; and
2. That the Council of the Corporation of the City of Pickering hereby approve the 2003
Animal Services Budget as recommended by the Pickering, Ajax and Whitby Joint
Animal Services Committee at its meeting of October 16, 2002.
3.
CLERKS REPORT CL 36-02
APPOINTMENTS TO THE SITE PLAN COMMITTEE
1. That Report CL 38-02 regarding appointments to the Site Plan Committee, be
received; and
2. That the following three Councillors be appointed to the Site Plan Committee for a
term to expire on November 30, 2003:
1. Councillor McLean
2. Councillor Pickles
3. Councillor Ryan
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