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HomeMy WebLinkAboutSeptember 18, 2006 Council Meeting Minutes Monday, September 18, 2006 7:30 PM PRESENT: Mayor David Ryan COUNCillORS: K.Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson D. Bentley D. Shields - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) ADOPTION OF MINUTES Moved by Councillor Dickerson Seconded by Councillor Brenner Council Meeting of July 24,2006 "In Camera" Council Meeting of July 24, 2006 Special Council Meeting of September 11, 2006 CARRIED - 1 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM (III) PRESENTATIONS 1. Presentation of 'Certificates of Participation' to Representatives of Community Cultural Organizations Who Participated in 'Canadian Tapestry: Weaving the World Together' Coordinated by Pickerinq Advisory Committee on Race Relations & Equity Councillor Pickles presented certificates of participation to the representatives of Community cultural organizations who participated in the "Canadian Tapestry: Weaving the World Together" event. The event was coordinated by the Pickering Advisory Committee on Race Relations and Equity. Councillor Pickles thanked and congratulated everyone on the success of the event. 2. Construction of the Italian Social Club Clubhouse Giovanni Conte, President of the Pickering Ajax Italian Social Club presented a plaque to the City of Pickering in recognition of the City's support of the Trillium Foundation grant in the amount of $66,700.00 for the upgrading of the clubhouse and bocce courts. 3. Presentation to the Winners of the Sustainable Pickering Ideas Challenqe Councillor Brenner, Chair of the Benchmarking Standards Committee provided a brief overview of 'Sustainable Pickering'. He advised that in July, Pickering residents were encouraged to share their sustainability ideas. An added bonus to entering their ideas was a chance to win three great prizes, and tonight the prizes would be awarded. He presented the winners of the Sustainable Pickering Ideas Challenge with their prizes; 151 prize - Rick Scott; 2nd prize - Matthew Surkis and 3rd prize - Smita Patel. Councillor Brenner congratulated the winners and encouraged everyone to continue moving towards a sustainable Pickering. (IV) DELEGATIONS 1. Paul Savel, Chair Pickering Public Library Board Update on Board Initiatives Paul Savel, Chair of the Pickering Public Library Board, appeared before Council to provide an update on the Pickering Public Library initiatives. Mr. Savel presented a powerpoint presentation noting what the library had completed over - 2 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM the last year. Mr. Savel thanked Council, senior staff for their support and thanked the Library staff for their hard work and dedication to the community. 2. Don Terry, Chair, United Way of Ajax-Pickering-Uxbridge 2006 CampaiQn Update Don Terry, Chair, United Way of Ajax-Pickering-Uxbridge, appeared before Council to provide an update on the 2006 Campaign. Mr. Terry presented the United Way DVD for the campaign and thanked Council and noted that they looked forward to their continued support. 3. Nicole Scarlett Re: Request for Establishment of Designated Off-Leash Dog Parks Refer to CORR. 59-06 Nicole Scarlett, appeared before Council and requested that the City investigate the possibility of establishing designated off-leach dog parks. She noted that a group of citizens are willing to work with staff to provide recommendations for Council to consider. ~) CORRESPONDENCE 1. CORR. 58-06 ONTARIO 9-1-1 ADVISORY BOARD clo Tom Voisey Peel Regional Police Telecommunications 7750 Hurontario Street Brampton. ON L6V 3W6 Resolution # 124/06 Moved by Councillor McLean Seconded by Councillor Dickerson That CORR. 58-06, from the 911 Ontario Advisory Board (OAB) seeking financial assistance, in the amount of $100.00 from each municipal government in order to continue as the technical and information authority respecting the implementation and operation of 911 Emergency Number systems in Ontario be endorsed. CARRIED - 3 - Council Meeting Minutes Monday, Septem ber 18, 2006 7:30 PM 2. CORR. 59-06 NICOLE SCARLETT PICKERING DOG PARK COMMITTEE 741 Craighurst Court PickerinQ. ON L 1X 2X1 Resolution # 125/06 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 59-06 from Nicole Scarlett, a Pickering resident, with respect to a formal request to engage the City of Pickering in the investigation for establishing designated off- leash areas for dogs within the City of Pickering.be referred to the Director, Operations & Emergency Services and the City Clerk to report back on the matter. CARRIED 3. CORR. 60-06 MR. BILL AINSWORTH, PAST PRESIDENT PICKERING LAWN BOWLING CLUB 910 Liverpool Road PickerinQ. ON L 1W 1S6 Resolution # 126/06 Moved by Councillor Dickerson Seconded by Councillor McLean That CORR. 60-06 from Bill Ainsworth, Past President of the Pickering Lawn Bowling Club with respect to a request that the Club assist with the City of Pickering's Master Plan - Strategic Report be referred to the Director, Operations & Emergency Services to report. CARRIED 4. CORR. 61-06 EILEEN MCLEAN, PUBLIC HEALTH NURSE REGIONAL MUNICIPALITY OF DURHAM 605 Rossland Road East Whitby. ON L 1 N OB2 - 4 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM Resolution # 127/06 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 61-06 from Eileen McLean, Public Health Nurse, Regional Municipality of Durham requesting be received and further that the City of Pickering proclaim October 4, 2006 as International Walk to School Day. CARRIED 5. CORR. 62-06 SID RYAN, CUPE ONTARIO SHELLlE BIRD, PRESIDENT, OCBCC ONTARIO COALITION FOR BETTER CHILD CARE Ontario Division Canadian Union of Public Employees 305 Milner Avenue, Suite 801 ScarborouQh. ON M1 B 3V4 Resolution # 128/06 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 62-06 from the Ontario Coalition for Better Child Care be received and further, that the City of Pickering proclaim October 25, 2006 as Child Care Worker & Early Childhood Educator Appreciation Day. CARRIED 6. CORR. 63-06 KAREN EVANS PRESIDENT TEACHERS OF ENGLISH AS SECOND LANGUAGE 340 Dyson Road Pickerinq. ON L 1W 2M9 Resolution # 129/06 Moved by Councillor McLean Seconded by Councillor Brenner - 5 - Council Meeting Minutes Monday, September 18,2006 7:30 PM That CaRR. 63-06 from TESL Durham (Teachers of English as a Second Language) be received and further, that the City of Pickering proclaim the week of November 12-18, 2006 as 'English as a Second Language Week'. CARRIED 7. CaRR. 64-06 M. J. WEBSTER Barrister & Solicitor 180 Dundas Street West Toronto. ON M5G 1Z8 Refer to Consideration of Item #2 of New & Unfinished Business Resolution # 130/06 Moved by Councillor McLean Seconded by Councillor Brenner That CORR.64-06 from M. J. Webster, Barrister & Solicitor, on behalf of Durham Rapid Taxi and Pick-N-Go Taxi be received for information and referred to consideration of Item #2 of New and Unfinished Business. CARRIED (VI) EXECUTIVE COMMITTEE REPORT Executive Committee Report EC 2006-13 of the Meeting Held on September 11, 2006 1. Director, Planning & Development, Report PD 44-06 Zoning By-law Amendment Application, A25/05 974735 Ontario Inc. (Robert Lennox) 3880 Kinsale Road Part of Lot 3, Concession 6 (40R-23226 Parts 1, 2 & 3) City of Pickerinq COUNCIL DECISION 1. That Zoning By-law Amendment Application A 25/05 be approved, as set out in the draft by-law attached as Appendix I to Report PD 44-06, to amend the existing zoning from "A" Rural Agricultural zone to: (i) "CLR6" Cluster Residential zone to permit the establishment of ten lots for residential dwellings on the subject property, being Part of Lot 3, Concession 6 (40R-23226 Parts 2 & 3), City of Pickering, and - 6 - Council Meeting Minutes Monday, Septem ber 18, 2006 7:30 PM (ii) "EP (NO)" Environmentally Protected Area Nitrate Dilution zone, and "OS- HL-EP (NO)" Open Space Hazard Lands - Environmentally Protected Area Nitrate Dilution zone, to acknowledge a portion of the property for nitrate dilution purposes serving the proposed new residential development and to protect and maintain a portion of the property as open space, on lands being Part of Lot 3, Concession 6 (40R-23226 Part 1), City of Pickering; 2. That in accordance with Section 34(17) of the Planning Act, while the zoning amendment proposed in Report PO 44-06 differs slightly from the information contained in the public meeting notice, and Information Report No. 26-05 presented at the January 19, 2006 Information Meeting, such difference is not considered substantial enough to require further notice and another public meeting; and 3. That the zoning by-law to implement Zoning By-law Amendment Application A 25/05, as set out in Appendix I to Report PO 44-06, be forwarded to City Council for enactment. 2. Director, Planning & Development, Report PO 43-06 704858 Ontario Limited Plan of Subdivision 40M-1956 Final Assumption of Plan of Subdivision COUNCIL DECISION 1. That Council pass the following resolution: a) That the highway being Amaretto Avenue within Plan 40M-1956 be assumed for public use; b) That the services required by the Subdivision Agreement relating to Plan 40M-1956, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Blocks 21, 22 and 24, Plan 40M-1956; c) That the Subdivision Agreement and any amendments thereto relating to Plan 40M-1956 be released and removed from title; d) That By-law 1416/82 (Places of Amusement) be amended to include the road being Amaretto Avenue within Plan 40M-1956; and - 7 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM 2. That Council enact a by-law to dedicate Block 23, Plan 40M-1956 as public highway. 3. Director, Operations & Emergency Services, Report OES 29-06 No Parking By-law - Park Crescent Amendment to Bv-Iaw 6604/05 COUNCIL DECISION 1. That Report OES 29-06 regarding a proposed amendment to the municipal traffic by-law 6604/05 be received; and 2. That the attached draft by-law be enacted to amend Schedule 'B' to By-law 6604/05 to provide for the regulating of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property. 4. Director, Operations & Emergency Services, Report OES 30-06 Tender T-7-2006 Helen Crescent, Brands Court, Trellis Court Road Reconstruction and Watermain Works COUNCIL DECISION 1. That Report OES-30-06 regarding Helen Crescent, Brands Court, Trellis Court Road Reconstruction and Watermain Works be received; 2. That portion of Tender T-7-2006 submitted by Hollingworth Construction Company for Helen Crescent and Brands Court excluding (Trellis Court) Road Reconstruction and Watermain Works at a cost of $372,022 plus GST be accepted; 3. That the total gross project cost of $644,684.96 (plus GST) including the tender amount, the Region of Durham's portion and other associated costs and a net total cost of $375,000.00 after recoveries identified in this report be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceeding the amount of $310,000 for a period not exceeding 10 years, at a rate to be determined; - 8 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM b) That annual repayment charges in the amount of approximately $42,000 be included in the annual Current Budget for the City of Pickering commencing in 2007 continuing thereafter until the loan is repaid; and any financing cost be paid out of the 2006 Current Budget; c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2006 as established by the Province for municipalities in Ontario; d) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 5. Director, Operations & Emergency Services, Report OES 31-06 Glendale Tennis Club Ontario Trillium Foundation Grant Application Requirement Lease Aqreement COUNCIL DECISION 1. That Report OES 31-06 of the Director, Operations & Emergency Services be received; 2. That Council acknowledges to the Ontario Trillium Foundation that the Glendale Tennis Club Project for upgrading existing tennis facilities will be permitted at David Farr Memorial Park; and 3. That the Mayor and Clerk be authorized to execute a lease agreement to permit the newly incorporated Glendale Tennis Club the use of the Tennis Facilities for club purposes at David Farr Memorial Park from October 1, 2006 to September 21,2012 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. - 9 - Council Meeting Minutes Monday, Septem ber 18, 2006 7:30 PM 6. Director, Corporate Services & Treasurer, Report CS 27-06 Confirmation of Comprehensive Crime Insurance for 2006 COUNCIL DECISION That Report CS 27-06 of the Director, Corporate Services & Treasurer be received for information. 7. Director, Corporate Services & Treasurer, Report CS 44-06 Cash Position Report as at June 30.2006 COUNCIL DECISION That Report CS 44-06 of the Director, Corporate Services & Treasurer be received for information. 8. Director, Corporate Services & Treasurer, Report CS 45-06 2006 Final Tax Due Dates for Commercial, Industrial and Multi-Residential Realty Tax Classes COUNCIL DECISION 1. That Report CS 45-06 of the Director, Corporate Services & Treasurer be received; 2. That the Director, Corporate Services & Treasurer be authorized to issue the Final 2006 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of October 13th, 2006; 3. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the necessary by-law attached to this report be read three times and approved; and 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. - 10- Council Meeting Minutes Monday, September 18, 2006 7:30 PM 9. Director, Corporate Services & Treasurer, Report CS 48-06 Establishment of Appleview-Spartan Neiqhbourhood Watch COUNCIL DECISION 1. That the letter from the Durham Regional Police Service dated July 31, 2006 endorsing the establishment of the Appleview-Spartan Neighbourhood Watch, be received; and 2. That the Council of the Corporation of the City of Pickering hereby endorse the Appleview-Spartan Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrances to the subject area. 10. Director, Corporate Services & Treasurer, Report CS 46-06 Veridian Corporation Amended and Restated Shareholder's Aqreement COUNCIL DECISION That the recommendation contained in the 'In Camera' minutes of September 11, 2006, be adopted. 11. Memorandum from the Chief Administrative Officer dated September 6, 2006 with respect to the Pickering, Ajax, Whitby Animal Services- Termination of Aqreements - Status of Neqotiations COUNCIL DECISION That the recommendation contained in the 'In Camera' minutes of September 11, 2006, be adopted. 12. Memorandum to the Chief Administrative Officer from the Director, Corporate Services & Treasurer and the City Solicitor dated September 7, 2006 with respect to the APT A Transfer Update COUNCIL DECISION That the recommendation contained in the 'In Camera' minutes of September 11, 2006, be adopted. - 11 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM Resolution # 131/06 Moved by Councillor Dickerson Seconded by Councillor Johnson That the Report of the Executive Committee EC 2006-13, dated September 11, 2006, be adopted. CARRIED (VII) NEW AND UNFINISHED BUSINESS 1. Council Office, Report CO 02-06 City of Pickering 2006 Annual Accessibility Plan Reviewed by the Accessibility Advisory Committee for Council Consideration Resolution # 132/06 Moved by Councillor Pickles Seconded by councillor McLean 1. That Report CO 02-06 regarding the City of Pickering 2006 Annual Accessibility Plan be received; 2. That Council endorse the City of Pickering 2006 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. CARRIED 2. Director, Corporate Services & Treasurer, Report CS 43-06 Notice of the Passinq of a Taxicab Licensinq Bv-Iaw Mayor Ryan advised that a public meeting had been held on July 24, 2006 for the purpose of soliciting comments with respect to the proposed Taxicab Licensing by- law, in accordance with the Municipal Act. Comments were received on September 13, 2006 and have been noted as CORR. 64-06 from M. J. Webster, Barrister & Solicitor. He noted that staff had reviewed the comments received and would be presenting the by-law as per the July 24, 2006 public meeting held on this matter. - 12 - Council Meeting Minutes Monday, Septem ber 18, 2006 7:30 PM Resolution # 133/06 Moved by Councillor Brenner Seconded by councillor McLean 1. That Report CS 43-06 of the Director, Corporate Services & Treasurer be received; 2. That upon review of the public comments, the City Clerk present the by- law at the September 18, 2006 meeting of City Council. CARRIED (VII) MOTIONS & NOTICE OF MOTIONS 1. Pickerinq Lawn Bowlinq Club Resolution # 134/06 Moved by Councillor Dickerson Seconded by Councillor McLean WHEREAS The Pickering Lawn Bowling Club has grown from a membership of just 55 in 1998 to 175 members today; and WHEREAS this high rate of growth can be attributed not only to the wisdom of the Council of the day in providing new greens and a facility to call "home" but also to the aging demographics of Pickering's population; and WHEREAS there is also growing interest from many of our under 55 years old group, which is welcomed by the Pickering Lawn Bowling Club, but a general disappointment, in that the Club has virtually reached the maximum number of members which the current greens can accommodate; and therefore leaves little opportunity for those wishing to become members; and WHEREAS excluding the majority of the initial capital costs associated with the installation of new greens, the Club has raised all funds necessary to carry out maintenance and replacement programs (currently in excess of $40,000 annually) and will commit to continuing this best business practice; and WHEREAS Council recognized, and agreed, with the Club that an additional green would be required in the not-too-distant future and installed certain infrastructure - 13 - Council Meeting Minutes Monday, Septem ber 18, 2006 7:30 PM (when the temporary parking space was created directly adjacent to the North) for that eventuality; and WHEREAS the performance of the Pickering Lawn Bowling Club has been a credit and asset to the City of Pickering over the years; THEREFORE BE IT RESOLVED that City staff be requested to undertake, in conjunction and conversation with the Club, estimates and drawings for a new green ensuring adequate lighting, irrigation and protective sun shading surrounding the perimeter for players; and BE IT FURTHER RESOLVED THAT Council considers these findings and invite the Club's Executive to meet with Council prior to consideration of the City's budgets for the 2007 yelar. BE IT FURTHER RESOLVED THAT discussion and concurrence with the South Pickering Seniors Club also be undertaken and sought. (VIII) BY-LAWS CARRIED Councillor Ashe, seconded by Councillor Dickerson, took leave to introduce by-laws of the City of Pickering: 6696/06 6697/06 6698/06 6699/06 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-laws 2623/87 and 3450/90, to implement the Official Plan of the City of Pickering, Region of Durham, on land being Part of Lot 3, Concession 6 (40R-23226, Parts 1, 2 & 3) to permit the establishment of ten lots for residential dwellings on the subject property. Being a by-law to appoint Special Municipal Law Enforcement Officers for the purpose of enforcing parking restrictions on private property. Being a by-law to exempt Lots 31, 32, 33,49, 50, 51, 52, 53, 54, 55 and 56, Plan 40M-2254 from part lot control. (Mavji Homes Development Inc.) Being a by-law to dedicate Block 23, Plan 40M-1956, Pickering as a public highway. - 14 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM 6700/06 Being a by-law to amend 6604/05 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 6701/06 Being a by-law to establish the 2006 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes. 6702/06 Being a by-law to license, regulate and govern taxicab businesses within the City. THIRD READING: Councillor Ashe, seconded by Councillor Dickerson moved that By-law Numbers 6696/06 to 6702/06 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 ON A RECORDED VOTE: YEA NAY Councillor Ashe Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan (IX) OTHER BUSINESS 1. Councillor Johnson gave notice that he would be presenting a Notice of Motion at the next meeting of Council with respect to an indoor soccer facility for the City of Pickering. - 15 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM 2. The following matters were considered prior to the meeting: Resolution # 135/06 Moved by Councillor Brenner Seconded by Councillor Johnson That Council move 'In Camera' for the purposes of litigation or potential litigation including matters before administrative tribunals, affecting the municipality. CARRIED DECLARATION OF INTEREST Councillor Ashe made a declaration of interest in accordance with the Municipal Conflict of Interest Act with respect to a verbal update from the City Solicitor with respect to the OPDA Judicial Review Application due to his interest in the Whitevale Golf Club. Councillor Ashe left the meeting during the discussion and vote on the matter. Councillor Pickles made a declaration of interest in accordance with the Municipal Conflict of Interest Act with respect to a verbal update from the City Solicitor with respect to David Sanford's Application for Judicial Review, as the subject matter pertains to information he deals with as a part of his employment. Councillor Pickles did not take part in the discussion or vote on the matter. a) Verbal Update from the City Solicitor with respect to the OPDA Judicial Review Application - Request to join in Application for Leave to Appeal the decision of the Ontario Court of Appeal to the Supreme Court of Canada Confidential discussion ensued on this matter. Resolution # 136/06 Moved by Councillor Dickerson Seconded by Councillor McLean That the recommendation contained in the 'In Camera' Council minutes dated September 18, 2006 be adopted. CARRIED - 16 - Council Meeting Minutes Monday, September 18, 2006 7:30 PM b) Verbal Update from the City Solicitor with respect to David Sanford's Application for Judicial Review Re: Seaton Land Exchanoe Environmental Assessment Confidential discussion ensued on this matter. Resolution # 137/06 Moved by Councillor Ashe Seconded by Councillor Johnson That the recommendation contained in the 'In Camera' Council minutes dated September 18, 2006 be adopted. CARRIED c) The City Solicitor provided a verbal update to members present of a recent Ontario Municipal Board decision with respect to a recent body rub parlour application. d) Memorandum to the Chief Administrative Officer from the City clerk with respect to a request for Waiver of the Hall Rental Fee for Don Beer Arena Banquet Hall Resolution # 138/06 Moved by Councillor McLean Seconded by Councillor Dickerson 1. That the request of Ms. Brianne Arnott for the purpose of holding a fund raiser for 'Ethan Phillip' to waive the rental fee of the Don Beer Arena Banquet Hall on October 21,2006, in support of a fundraising event for 'Ethan' be received; 2. That a grant in the amount of $564.10 be made to Ms. Brianne Arnott, colo 'Ethan's Fundraiser' to offset the said rental fee of the Don Beer Arena Banquet Hall; and 3. That this amount be charged to Account 2195 (Grants to Organizations & Individuals). CARRIED - 17 - Council Meeting Minutes Monday, September 18,2006 7:30 PM (X) CONFIRMATION BY-LAW By-law Number 6694/06 Councillor Dickerson 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 September 18, 2006. CARRIED (XI) ADJOURNMENT The meeting adjourned at 9:05 pm. DATED this 18th day of September, 2006. ~ DEBIA.BENTLEY CITY CLERK - 18 -