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HomeMy WebLinkAboutFebruary 7, 2005Council Meeting Minutes Monday, February 7, 2005 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: E. Buntsma N. Carroll G. Paterson B. Taylor T. Melymuk C. Rose D. Watrous - Chief Administrative Officer (Acting) and Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Corporate Projects & Policy - Manager, Policy - Committee Coordinator INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Special Meeting of January 10, 2005 Regular Meeting of January 17, 2005 Special Meeting of January 29, 2005 Council Meeting Minutes Monday, February 7, 2005 7:30 PM (11[) 1. DELEGATION The following persons addressed Council with respect to the proposed Greenbelt legislation: a) Don Beach, representing himself and various residents of Greenwood, stated their opposition to Greenwood and Area being included in the Greenbelt. He requested that Council not ask the Ministry of Municipal Affairs & Housing to include any land in the Greenwood area in the Greenbelt designation. He stated that the City of Pickering's existing Official Plan is a sufficient control measure to protect the Hamlet of Greenwood and surrounding area as a rural community and an area for controlled future development. He asked Council also to protect the City of Pickering's planning jurisdiction over the Hamlet of Greenwood and surrounding area. b) Bill and Ann Clancey, 49 5th Conc., Ajax, advised that they own the property at 2715 Conc. 6 Road and are in opposition to the staff report or the Greenwood & Area Ratepayers Association (GAP, A) recommendation. She stated that the three concepts set out are not supported by most landowners and if her property is within the Greenbelt, it will be expropriated without compensation. c) Greg Daley, representing Berrywood Farm Inc., stated that the Greenbelt Plan is not supported by technical review and changes to the Greenbelt line are needed. d) Mr. Letterer, lawyer for Berrywood Farms, stated their surprise and dismay at the Greenbelt Plan, which suggests the City give up their planning authority to the Province. They are hopeful that Council will reject this proposal and respect the Iroquois Shoreline. e) May Winter, 80 Taunton Rd. E., Ajax, stated her opposition to the Greenbelt Plan. Mr. Middleton spoke on behalf of and distributed copies of a letter from Seon-Jo Lee, 2730 Conc. 6. Mr. Lee advised that the Greenwood & Area Ratepayers Association did not consult with them concerning the Greenbelt Plan and should not decide the future of their property. 2 Council Meeting Minutes Monday, February 7, 2005 7:30 PM g) h) i) Joel Dahl, 2745 Conc. 6, requested Council reject the recommendation by Planning staff. He advised that the comments of GARA do not represent all the residents in Greenwood. William A. Brown, 3230 Salem Rd., questioned if Planning staff worked with GARA to bring in the lands to the east. He stated his opposition to the Planning Report. John Wager, 2378 Conc. 6, representing Greenwood & Area Ratepayers Association, congratulated Planning staff on their Addendum to the Report. He stated their support and encouraged Council to adopt the Planning recommendations and also to work in the area if adopted by Province. He advised that GARA supports development and 25% growth in the area. J) Alex Artuchov, representing Bitondos, advised that Greenbelt legislation will erode the value of farming. He stated that development options must be kept open due to the 407, airport, etc. There are sufficient local planning controls without expanding the Greenbelt into Greenwood. The following persons addressed Council with respect to the proposed airport: a) David Grey-Eagle Sandford, Director, Wapiti Alliance, stated that the aboriginals have not been consulted. He stated their opposition to any desecration of burial sites in Seaton or airport lands. b) Harvey Kirsch, 83 Seaforth Avenue, Toronto, stated his concern that First Nations do not enjoy the same rights as others and that native burial grounds are not being protected or respected. (IV) RESOLUTIONS Resolution #24/05 Moved by Councillor Dickerson Seconded by Councillor Ashe That the Report of the Executive Committee EC 2005-02, dated January 24, 2005, be adopted as amended. CARRIED AS AMENDED -3- Council Meeting Minutes Monday, February 7, 2005 7:30 PM Councillor Ashe declared an interest in Item #1 concerning Sean Reqan Development as a family member may have a financial stake in this development. Council considered the following motion in conjunction with the above resolution: Resolution #24105(a) Moved by Councillor Dickerson Seconded by Councillor Brenner That Item #1 of the Executive Report EC 2005-02 concerning Developments be tabled. CARRIED Sean Regan Resolution #25/05 Moved by Councillor Johnson Seconded by Councillor Ashe 1. That Picketing Council RECEIVE Addendum to Report PD 47-04 relating to the draft Greenbelt Plan for the northeast sector of Pickering; 2. That Pickering Council REQUEST the Minister of Municipal Affairs and Housing to: (a) include in the Greenbelt Plan, revisions proposed by the Ministry of Municipal Affairs and Housing staff clarifying that property owners within the hamlets will be governed by the traditional planning controls of the provincial policy statement, local and regional official plans and zoning, rather than the restrictive policies of the draft Greenbelt Plan; and (b) to remove the entire Hamlet of Greenwood from the Greenbelt legislation; and (c) revisit the Greenbelt boundary line from Greenwood Road to Sideline 4 to accurately reflect the scientific limit of the Lake Iroquois Shoreline to include lands below the Shoreline within the Greenbelt, including that small section of Carruthers Creek valley south of Hwy. #7 that is part of the Lake Iroquois Shoreline; and (d) circulate any new revisions to the boundaries for the Greenbelt Plan to municipalities prior to approving the Greenbelt Plan; and 4 Council Meeting Minutes Monday, February 7, 2005 7:30 PM (e) provide financial programs to support the ongoing viability of agriculture in the Greenbelt Area; and That the Council of The Corporation of the City of Pickering hereby endorses the Ontario Federation of Agriculture position and request the Province to postpone implementation of the Greenbelt Act to provide further consultation with the farming community; and 5. That the City Clerk FORWARD a copy of Addendum to Report PD 47-04 to the Minister of Municipal Affairs and Housing, the Region of Durham; and the Toronto and Region Conservation Authority. CARRIED AS AMENDED Recorded Vote on Motion as Amended: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, Ryan McLean, Pickles and Mayor Council considered the following motion in conjunction with the above resolution: Resolution #25105(a) Moved by Councillor Dickerson Seconded by Councillor Ashe That Item #2(c) be replaced to read 'revisit the boundary line from Greenwood Road to Sideline 4 to accurately reflect the scientific limit of the Lake Iroquois Shoreline to include lands below the Shoreline with the Greenbelt including that small section of Carruthers Creek valley south of Hwy. #7 that is part of the Lake Iroquois Shoreline; and' CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan Resolution #25105(b) Moved by Councillor Brenner Seconded by Councillor McLean 5 Council Meeting Minutes Monday, February 7, 2005 7:30 PM That Item #2(f) be added to read 'that Council of The Corporation of the City of Pickering hereby endorses the OFA position and request the Province to postpone implementation of the Greenbelt Act to provide further consultation with the farming community; and CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan Resolution #25105(c) Moved by Councillor Pickles Seconded by Councillor Brenner That Item ~ be added to read 'That staff review the Pleasant Growth Study to give consideration to reactivate the process/study when deemed appropriate. LOST Recorded Vote: Yes: Councillors Brenner, Johnson and Pickles No: Councillors Ashe, Dickerson, McLean and Mayor Ryan Resolution #26105 Moved by Councillor Pickles Seconded by Councillor Johnson That Report CAO 04-05 concerning peer review funding for the Greater Toronto Airports Authority's (GTAA's) Pickering Airport Draft Plan and updated Financial Assessment Analysis, be received; and 2. That Council direct staff to pursue Peer Review Funding with the Federal Government and be brought back to the March 21st Council Meeting. CARRIED AS AMENDED -6- Council Meeting Minutes Monday, February 7, 2005 7:30 PM Council considered the following motion in conjunction with the above resolution: Resolution #26105(a) Moved by Councillor Pickles Seconded by Councillor Johnson That Item #2 be amended to read 'That Council direct staff to pursue Peer Review Funding with the Federal Government and be brought back to the March 21st Council Meeting'. CARRIED Resolution #27/05 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator, be received; and 2. That Quotation No. Q-41-2004 submitted by Amaco Construction Equipment for the supply and delivery of a Gradall Model 4100 Telescopic Boom Excavator with the specified attachments in the amount of $325,100 (GST and PST extra) be accepted; and 3. That the total purchase cost of $373,865.00 and a net purchase cost of $351,108.00 including specified attachments for the equipment be approved; and 4. That the total revised funding of $351,108 with $288,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $108 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $288,000 for a period not exceeding 5 years, at a rate to be determined be approved; and b) That financing and repayment charges in the amount of $78,955 for both the external debt and internal loan be included in the annual current budget for the 7 Council Meeting Minutes Monday, February 7, 2005 7:30 PM City of Pickering commencing in 2005 an continuing thereafter until the loan is repaid; and · c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and e) That staff forward the present equipment to auction; and 6. That staff at the City of Pickering be given the authority to give ,effect hereto. CARRIED AS AMENDED Recorded Vote On Motion as Amended: Yes: Councillors Ashe, Brenner, Dickerson, Johnson and McLean No: Councillor Pickles and Mayor Ryan Council considered the following motion in conjunction with the above resolution: Resolution #27105(a) Moved by Councillor Johnson Seconded by Councillor McLean That Item #5(e) be added to read 'that staff forward the present equipment to auction; and CARRIED Resolution #28105 Moved by Councillor Dickerson Seconded by Councillor Ashe WHEREAS it is the stated objective of every publicly elected body of representatives in Canada to provide for their constituents a safe, timely, efficient and environmentally responsible form of public transportation; and -8- Council Meeting Minutes Monday, February 7, 2005 7:30 PM WHEREAS through many years of evolution it is now the general rule that here in Ontario, the Provincial Government controls the use of rail transportation (i.e. GO Transit) and the individual municipalities provide bussing (i.e. APTA); and WHEREAS through years of Provincial downloading and abandoning bus purchase subsidies to municipalities plus ever increasing Provincial charges to those same municipalities to subsidize GO Transit for which the newly minted Gas Tax Rebate comes nowhere close to significantly closing the financial gap the Province created in the first place; and WHEREAS all environmentally conscious residents and responsible elected officials clearly wish for more passengers using public means as their preferred choice of transportation thus gaining the added benefit of eliminating thousands of polluting vehicles from our already overcrowded highways; and WHEREAS trends have shown that as the cost of using a personal vehicle has steadily increased, so has the cost of using public transportation both at the fare box and in the municipal taxes which are invested in rolling stock, operational centres and employees; and WHEREAS a new approach involving the Provincial Government and the Federal Government needs to be accommodated in order to convince residents that the use of public transportation can also translate into a personal tax saving; NOW THEREFORE the Council of The Corporation of the City' of Pickering hereby requests the Hon. Ministers of Finance for the Province of Ontario and the Government of Canada, and the Policy Section of the Association of Municipalities of Ontario (AMO), the consider a change to Provincial and Federal income tax rules which would allow 100% of the costs of using public transportation to be fully income tax deductible with the stated vision to further assisting the process of moving people from cars to comfort; from a stressful hassle to a relaxing experience; from polluting our environment to being a champion of it; for choosing - "The Better Way"; and FURTHER THAT copies of this resolution be forwarded to: · Dan McTeague, MP, Pickering-Scarborough East · Mark Holland, MP, Ajax-Pickering · Judi Longfield, MP, Whitby-Oshawa · Colin Carrie, MP, Oshawa · Barry Devolin, MP, Haliburton-Kawartha Lakes-Brock · Bev Oda, MP, Durham -9- Council Meeting Minutes Monday, February 7, 2005 7:30 PM · WayneArthurs, MPP, Pickering-Ajax-Uxbridge · Jim Flaherty, MPP, Whitby-Ajax · John O'Toole, MPP, Durham · Jerry Ouellette, MPP, Oshawa · Laurie Scott, MPP, Haliburton-Victoria-Brock CARRIED (V) BY-LAWS That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by- laws of the City of Pickering: By-law Number 6454/05 Being a by-law to authorize the execution of an Amending Advertising Agreement between the City and Futuresign Multimedia Displays for the right to sell advertising space at the Pickering Recreation Complex and Don Beer Arenas. By-law Number 6455~05 Being a by-law to authorize the execution of a Lease Agreement between Horizon House Where Heaven and Earth Meet and The Corporation of the City of Pickering respecting Green River Community Centre (February 1, 2005 to January 31, 2006). By-law Number 6456/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road and 726 Kingston Road. CARRIED THIRD READING: Councillor Dickerson, seconded by Councillor Brenner, moved that By-law Numbers 6454/05, 6455/05, and 6456/05, 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 -10- Council Meeting Minutes Monday, February 7, 2005 7:30 PM (VI) 1. OTHER BUSINESS Councillor McLean thanked Council, the News Advertiser and others for their support of the Tsunami fundraiser. Councillor Brenner stated that the Regional Chair advised that triple majority will be achieved with respect to Regional Transit. Councillor Dickerson stated his desire to reopen the transit issue for renegotiation. Councillor Dickerson questioned the status of the draft report on the alerting system and stated that only one siren is required at OPG and one in the west industrial area. 5. Councillor Johnson advised of the Claremont Winter Carnival this weekend. Mayor Ryan acknowledged the good work of staff at the United Way event and congratulated Marisa Carpino on her award. (VII) CONFIRMATION BY-LAW By-law Number 6457~05 Councillor Brenner, 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 Meeting of February 7, 2005. CARRIED (w.) DATED ADJOURNMENT The Meeting adjourned at 11:50 pm. ,~C~ClTY CLERK -11 - Appendix I Executive Committee Report EC 2005-02 That the Executive Committee of the City of Pickering having met on January 24, 2005, presents its second report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 01-05 ZONING BY-LAW AMENDMENT APPLICATION A 26/03 SEAN REGAN DEVELOPMENTS 1603 FINCH AVENUE (PART OF LOT 20, CONCESSION 1) That Zoning By-law Amendment Application A 26/03, be REFUSED to permit the establishment of two three-storey apartment blocks, each containing six residential units, submitted by Sean Regan on behalf of Sean Regan Developments, on the lands being Part of Lot 20, Concession 1 (1603 Finch Avenue), City of Pickering. TABLED PLANNING & DEVELOPMENT REPORT PD 06-05 DURHAM REGIONAL OFFICIAL PLAN REVIEW "RECOMMENDED DIRECTIONS REPORT, OCTOBER 2004" RESPECTING THE NATURAL ENVIRONMENT, COMMERCIAL POLICY AND RURAL RESOURCES That Report PD 06-05 of the Director, Planning & Development be RECEIVED as the City's comments on the "Recommended Directions Report, October 2004" dealing with environment, commercial and rural policy components of the Durham Regional Official Plan Review; and That Regional Planning staff INCORPORATE the results of the City's Growth Management Study and related amendment to the Pickering Official Plan (Amendment 13) in the Durham Regional Official Plan in finalizing the "Recommended Directions Report" for Population, Employment and Land Supply; and That in formulating agricultural designations, a vibrant and economically productive "countryside" vision is more appropriate for Pickering's rural area than the strict agricultural vision proposed in the "Recommended Directions Report, October 2004", and accordingly: -12- Appendix I Executive Committee Report EC 2005-02 a) That the Region ESTABLISH a new designation to permit agricultural and countryside uses (including retail agricultural operations, agri-toudsm and non-agricultural countryside uses) that would apply to agricultural lands in Pickering and other agricultural areas in the Region that are in similar proximity to urban areas; and b) That in addition to the above-noted agricultural and countryside uses, to also INCLUDE the following: · continue to permit severances for a surplus dwelling from a non- abutting farm by amendment to the DROP; and · continue to permit severance of a farm retirement lot; and permit as-of-right stand-alone farm-related commercial uses (such as farm markets, auction barns) and associated lot-creation; and · continue to permit consideration of new country residential subdivisions, by amendment to the Regional Official Plan; and · continue to permit golf courses by amendment to the Regional or local official plan on agricultural lands of lower agricultural capability or on open space lands; and · continue to permit cemeteries by amendment to the Regional or local official plan on agricultural lands of lower agricultural capability or on open space lands; and · continue to permit cemeteries by amendment to the Regional or local official plan; and · establish provisions to restrict intensive livestock operations from locating in proximity to urban areas. o That Pickering Council requests that the Region prepare policy amendments to CLARIFY that the proposed "Natural Heritage Features ElS Requirements Table" would be used only: when a regional official plan amendment is required; and where an area municipal official plan does not provide policy guidance on this matter; and o That Pickering Council requests the Region to consider and INCORPORATE the detailed comments and suggestions provided in the table in Appendix I to Report PD 06-05; and -13- Appendix I Executive Committee Report EC 2005-02 That in light of the incomplete Provincial initiatives relating to the greenbelt, the golden horseshoe growth plan, and the revised provincial policy statement, that Regional staff be requested to DELAY release of certain draft policies until such time as final consideration of the related provincial initiatives is completed, thereby allowing the incorporation of any necessary revisions into the draft policy and avoiding the need to recirculate the draft policies; and That the City Clerk FORWARD a copy of Report PD 06-05 to the Region of Durham and to local municipalities in Durham Region. OPERATIONS & EMERGENCY SERVICES REPORT OES 02-05 FUTURESIGN MULTIMEDIA DISPLAYS AMENDING ADVERTISING AGREEMENT 1. That Report OES 02-05 regarding the Futuresign Multimedia Displays Advertising Agreement, be received; and That the attached by-law authorizing the execution of an Amending Advertising Agreement to which Futuresign Multimedia Displays will be permitted to continue to sell advertising space on the rink boards and other devices at the Pickering Recreation Complex and Don Beer Arenas until May 30, 2008 be read three times and passed by Council; and That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 05-05 GREEN RIVER COMMUNITY CENTRE LEASE RENEWAL -HORIZON HOUSE WHERE HEAVEN AND EARTH MEET That Report OES 05-05 regarding the Horizon House Where Heaven and Earth Meet Lease Renewal, be received; and That the attached by-law, authorizing the execution of a renewal lease agreement pursuant to which Horizon House Where Heaven and Earth Meet, will be permitted to continue their use for church purposes of the Green River Community Centre from February 1, 2005 to January 31, 2006, be read three times and passed by Council; and -14- Appendix I Executive Committee Report EC 2005-02 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 01-05 NWMO DISCUSSION DOCUMENT 2, UNDERSTANDING THE CHOICES CITY OF PICKERING'S COMMENTS TO NWMO That Council receive Report CAO 01-05 concerning the Nuclear Waste Management Organization's (NWMO) Discussion Document 2, Understanding the Choices; and That Council confirm as the City's comments on Discussion Document 2, the Acting CAO's letter of December 20, 2004, including the peer review comments provided by Acres - Sargent & Lundy (see Attachments 1 and 2 to this Report), and that the NWMO make particular note of the following concerns in completing its work: The need to ensure a full and thorough assessment of the social, economic, and environmental impacts of on-site storage on host communities; and b. The need to explicitly address issues related to community compensation and host community benefits; and c. The need to ensure adequate and effective community dialogue in the remaining phases of the work; and That Council acknowledge receipt of the NWMO's letters dated January 10, 2005, to the Acting CAO and to the Canadian Association of Nuclear Host Communities (CANHC), responding to comments submitted on Discussion Document 2 (see Attachments 3 and 4). That Council request NWMO to provide continued peer review funding assistance to the CANHC to ensure the effective and ongoing participation of CANHC and its member municipalities in NWMO's remaining process; and That a copy of this Report be forwarded to the NWMO, the Federal Minister of Natural Resources, the Ontario Power Generation, member municipalities of CANHC, M.P. Dan McTeague, M.P. Mark Holland, and M.P.P. Wayne Arthurs. -15- Appendix I Executive Committee Report EC 2005-02 CORPORATE SERVICES REPORT CS 06-05 ENDORSEMENT OF BILL 165 -ELECTED OFF/C/ALS IMMUNITY ACT, 2004 1. That the Council of The Corporation of the City of Picketing hereby endorses Bill 165, known as the Elected Officials IrnmunityAct, 2004, to provide elected members of municipal councils and school boards the same privilege, immunities and powers presently granted to members of the Legislative Assembly; and That copies of this resolution be forwarded to: Honourable Dalton McGuinty, Premier of Ontario Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 07-05 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 1822 WHITESROAD, 1100 BEGLEY STREET, 1865 KINGSTON ROAD AND 726 KINGSTON ROAD That Report CS 07-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purposes of enforcing the Parking By-law on private property be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road and 726 Kingston Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -16- Appendix I Executive Committee Report EC 2005-02 CORPORATE SERVICES REPORT CS 59-04 2005 ANIMAL SERVICES BUDGET 1. That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget, be received; and That the Council of The Corporation of the City of Pickering hereby approves the 2005 Animal Services Budget as recommended by the Pickering-Ajax- Whitby Joint Animal Services Committee at its meeting of November 30, 2004, as amended by deleting the allocation of $10,000.00 as Pickering's share of a capital expenditure. -17-