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HomeMy WebLinkAboutSeptember 21, 2015Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Present: Mayor Ryan Councillors:. K. Ashe I. Cumming R. Johnson B. McLean D. Pickles Absent: J. O'Connell Also Present: T. Prevedel - Chief Administrative Officer M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works T. Melymuk - Director, City Development S. Karwowski - Division Head, Finance & Treasurer F. Hyland - Deputy Fire Chief C. Rose - Chief Planner D. Shields = City Clerk L. Roberts - Committee Coordinator (1) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest No disclosures of interest were noted. (III) Adoption of Minutes Resolution #76/15 Moved by Councillor Cumming Seconded by Councillor Johnson In Camera Council Meeting Minutes, July 13, 2015 Council Meeting Minutes, July 13, 2015 1 gKg Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Executive Committee Minutes, September 14, 2015 Planning & Development Committee Minutes, September 14, 2015 Carried (IV) Delegations Ron Svajlenko, President Unifor Local 222 Re: Support of Manufacturing in our Community Ron Svajlenko, President, Unifor Local 222 appeared before Council and through the aid of a power point presentation explained the decline in manufacturing in our Community and resulting job losses. He noted the need to support manufacturing in Canada to maintain jobs within Durham Municipalities.. He also explained the future challenges of the auto industry. 2. Desiree Mahadeo Re: Report PLN 09-15 Rogers Communications Inc. Desiree Mahadeo, 1822 Whites Road, Pickering, appeared before Council expressing her objections with respect to the way in which Rogers completed their process for erecting a cell tower on Whites Road, noting that consultation should have taken place prior to installation. She also stated the signage was difficult to read and contained misleading information. She felt that the cell tower should be relocated away from the residential area and schools and questioned why they could not share existing towers. She also questioned what happens to the petition containing 850 signatures from the neighbourhood which had been submitted. 3. Re: Notice of Motion - Hamlet of Claremont John Alati, Davies Howe Partners appeared before Council representing Claremont Development Inc, in support of the notice of motion. He stated that this motion will not result in any lands being removed, it is strictly for a re -designation. He also expressed support for the involvement of a facilitator to assist the Province in undertaking the review process, which would include consultation with area residents as well as landowners. He stated that flooding issues had been discussed during previous public meetings, noting that Geranium Homes had worked with the Claremont Group to explore and resolve drainage issues. Andre Kern, 5192 Old Brock Road, appeared before Council on behalf of the Claremont Conservation Group to request that Council not support the motion. He questioned why this would be undertaken prior to the Ministry reviewing the plans. He noted this was not representative of the greater views of the area residents, stating a petition had been 2 :7 i= Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers circulated and forwarded to the Ministry. Concerns were noted that this development would infringe on protected lands, impact the environment, and also that not enough information had been provided, nor sufficient time given to the community in order to respond. He also questioned the two new areas noted in the motion that residents were unaware of and why ongoing consultation with the community could not be done. Michael Reneau, 5273 Old Brock Road, Claremont, appeared before Council, stating that a large part of the Community did not support these changes. He agreed, with Mr. Kern that there had been a lack of consultation and notice, and that the motion was not in the best interests of the community. He reiterated the concerns of Mr. Kern, adding that there could be issues with the water systems as well. He explained the reasoning behind the formation of the Conservation Group, stating they would like to ensure a proper process of consultation in order for the community to have a voice in this matter. Peter Rodrigues, 750 Whitevale Road, Locust Hill, appeared before Council stating his agreement with the previous delegations in regards to the Notice of Motion for the Hamlet of Claremont. He noted there were no flooding issues, just some water issues, and that the boundary amendments were minor, encompassing only one or two houses. He also noted more consultation was required and asked that the notice of motion be withdrawn. Mr. Rodrigues also addressed Report PLN 11-15 regarding the Federal Lands, stating that the report did not indicate Council's lack of support for an airport. In addressing Report PLN 10-15, Mr. Rodrigues commended staff on protecting the heritage homes in Pickering. He stated the importance of restoring these homes and questioned the possibility of offering them for sale. Tamara Abder, 1773 Central Street, Claremont, appeared before Council expressing a number of concerns regarding the notice of motion for the Hamlet of Claremont, stating the motion should be withdrawn. She stated the map is illegible and fails to show the smaller adjacent properties. She stated this is not a minor rounding out and would increase the size of the Hamlet by one third. She stated more public input was required and she was not in support of the motion. (V) Correspondence 1. Corr.16-15 Kevin Arjoon, Acting City Clerk City of Kingston 216 Ontario Street, Kingston, ON K7L 2Z3 Resolution #77/15 3 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Moved by Councillor Johnson Seconded by Councillor McLean That Corr. 16-15 received from Kevin Arjoon, Acting City Clerk, City of Kingston with respect to a resolution passed at their meeting held September, 2015, regarding support for the continued operation of Hydro One as a publicly owned asset, be endorsed. Carried Unanimously on a Recorded Vote 2. Corr.17-15 Tanya Ryce, Supervisor, Culture Services City of Pickering Resolution #78/15 Moved by Councillor McLean Seconded by Councillor Pickles That Corr. 17-15 received from Tanya Ryce, Supervisor, Culture Services, seeking Council endorsement for the nomination of a heritage trust award, be endorsed. 3. Corr.18-15 Tanya Ryce, Supervisor, Culture Services City of Pickering Resolution #79/15 Moved by Councillor McLean Seconded by Councillor Pickles Carried That Corr. 18-15 received from Tanya Ryce, Supervisor, Culture Services, submitting the 2015 work plan on behalf of the Pickering Museum Village Advisory Committee, be received for information. (VI) Committee Reports Executive Committee Reports Carried CI r iI�N = -- � � 1. Director, Culture & Recreation, Report CR 06-15 Arts Centre -Arts Business Case Council Decision Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers That Report CR 06-15 of the Director, Culture & Recreation regarding an Arts Centre Business Case be received for information; 2. ' That Council endorse the examination of the feasibility of a performing and visual arts centre as a City staff initiative, in partnership with Durham West Arts Centre Foundation; 3. That Council authorize staff to investigate the feasibility of an Arts Centre Business Case assessment and to bring forward appropriate cost estimates during the 2016 budget process; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 2. Director, Culture & Recreation, Report CR 11-15 Central Tower Repair and Crest Replacement -Tender No. T-16-2015 Council Decision 1. That Tender No. T-16-2015 submitted by MJK Construction Inc. in the amount of $239,771.00 (HST included) be accepted; 2. That the total gross project cost of $305,000.00 (HST included), including the amount of the tender and other associated costs, and the total net project cost of $274,662.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost in the amount of $274,662.00 as follows: a) The sum of $16,048.00 to be funded from property taxes; b) The sum of $28,614.00 as approved in the 2014 Capital Budget to be funded from the Provincial Grant -Investing in Ontario; c) The sum of $130,000.00 as approved in the 2015 Capital Budget to be funded by a transfer from the Rate Stabilization Reserve; 5 3 Q 5 0 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers d) The additional sum of $100,000.00 to be funded by a transfer from the Rate Stabilization Reserve by re -directing funds from the 2015 Capital Budget — Clock Tower Refurbishment project; and 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Director, Culture & Recreation, Report CR 15-15 Marketing Partnership and Advertising Policy Council Decision 1. That Council approve the Marketing Partnership and Advertising Policy; and 2. That appropriate City of Pickering officials be authorized to take the necessary action to implement this Policy. Director, Engineering & Public Works, Report ENG 16-15 Petticoat Creek Community Centre Skateboard Facility Council Decision That Report ENG 16-15 be referred back to staff to create a skateboard park strategy. Director, Corporate Services & City Solicitor, Report FIN 21-15 Section 357/358 of the Municipal Act — Adjustment to Taxes Council Decision 1. That Report FIN 21-15 of the Director, Corporate Services & City Solicitor be received; 2. That the write-off of taxes as provided for under Sections 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Fire Chief, Report FIR 05-15 Community Emergency Management Plan Council Decision Al _y�ha3si..- Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers 1. That the City of Pickering Community Emergency Management Program Description dated September 1, 2015 (Attachment 1), be adopted; 2. That the City of Pickering Community Emergency Management Plan, dated September 1, 2015 (Attachment 2), be adopted; 3. That By-law 6719/07 be rescinded; and 4. That the draft Community Emergency Management By-law to establish a Community Emergency Management Program for the City of Pickering, as noted in Attachment 3, be enacted. Resolution #80/15 Moved by Councillor Cumming Seconded by Councillor Pickles That Report 2015-09 of the Executive Committee meeting held on September 14, 2015, be adopted. Carried Planning & Development Reports 1. Director, City Development, Report PLN 09-15 Proposed Telecommunication Tower Rogers Communications Inc. 1822 Whites Road Part of Lot 29, Concession 1, Parts 2 to 7, 40R-9979 Installation #63 Council Decision. That Rogers Communications Inc. be advised that City Council does not object to the 14.9 metre high telecommunication tower located at 1822 Whites Road, based on the design and other details submitted with the application. 2. Director, City Development, Report PLN 10-15 Infrastructure Ontario Class B Environmental Assessments for the Demolition of Structures Located in the Seaton Urban Area and the Hamlet of Whitevale Council Decision 7 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers That Council in response to the Infrastructure Ontario Class B Environmental Assessments, object to the demolition of buildings located at 498 and 1050 Whitevale Road, and 1740 Fifth Concession Road; 2. That Council also object to the demolition of the building located at 615 Whitevale Road but not object to the demolition of the outbuilding at this location; 3. That Council not object to the demolition of buildings located at 3490 Brock Road, 1469 Taunton Road, 170 Highway 7, 2750 Whitevale Road and 2900 Brock Road; 4. That Council also not object to the demolition of the building located at 650 Whitevale Road and requests the Province install a commemorative, plaque on the property at the proposed trail head location; 5. That Council endorse the recommendations of the Heritage Pickering Advisory Committee to designate 498, 615 and 1050 Whitevale Road, under Part IV of the Ontario Heritage Act; and that staff be authorized to prepare the appropriate materials and report back to Council at a future date; 6. That Council request staff to write the school boards to determine their interest in incorporating the building located at 3280 Sideline 16 into a future school board block, and if the school boards are not interested, that Council not object to the demolition of the house located at 3280 Sideline 16; 7. That Council express its strong concern with the Province for its disregard of significant heritage resources in Pickering through the lack of maintenance and occupancy of such resources, in contravention of the Provincial Policy Statement, and request the Province to restore and reuse these structures and manage them in compliance with the Standards & Guidelines for Conservation of Provincial Heritage Properties; 8. That Council request the Province to record, document and provide to the City in the form of photographs and/or measured drawings all buildings to be demolished, as well as make available exterior or interior heritage features for salvage to interested parties prior to any demolition; and 9. Further, that a copy of this Report and Council's Resolution be forwarded to: the Premier of Ontario; Infrastructure Ontario; the Minister of Economic Development, Employment and Infrastructure; the Minister of Tourism, Culture and Sport, and the Minister of Municipal Affairs and Housing; and the Whitevale and District Residents' Association. 0 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers 3. Director, City Development, Report PLN 11-15 Federal Lands Revised Pickering Airport Site and Revised Airport Zoning Regulations Council Decision That Transport Canada be advised that the City of Pickering does not object to the Order that appeared in the Canada Gazette, Part 1, on July 18, 2015, proposing to declare a smaller Pickering Airport Site and the corresponding revised Airport Zoning Regulations; and 2. Further, that a copy of Report PLN 11-15 be forwarded to Transport Canada, the Region of Durham, the Region of York, the City of Markham, the Town of Whitby, the Town of Ajax, Township of Uxbridge, Town of Whitchurch-Stouffville, the Township of Scugog, and the Toronto and Region Conservation Authority. Resolution #81/15 Moved by Councillor Cummings Seconded by Councillor Pickles That Report 2015-08 of the Planning & Development Committee meeting held on September 14, 2015, be adopted. Carried (VII) New and Unfinished Business 1. Director, Engineering & Public Works, Report PW 02-15 Quotation No. Q-44-2015 Quotation for the Supply and Delivery of one 4 Ton Dump Truck with Plow and Wing and'one 5 Ton Dump Truck with Plow and Wing Resolution #82/15 Moved by Councillor Johnson Seconded by Councillor Cumming That Report PW 02-15 of the Director, Engineering & Public Works regarding Quotation No. Q-44-2015 for the Supply and Delivery of one 4 Ton Dump Truck with Plow and Wing and one 5 Ton Truck with Plow and Wing be received; 2. That Quotation No. Q-44-2015, submitted by Mack Sales and Service of Durham in the total amount of $506,753.00 (HST extra) be accepted; 9 ti -�=,_ _= „�oarl Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers 3. That the total gross project cost of $576,021.00 (HST included) and the total net project cost of $518,724.00 (net of HST rebate) be approved; 4. That the Division Head, Finance & Treasurer be authorized to finance the total net project cost of $518,724.00 by a transfer from the Vehicle Replacement Reserve; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried (Vill) Notice of Motion a) Hamlet of Claremont Oak Ridges Moraine Conservation Plan Hamlet Designations Resolution #83/15 Moved by Councillor Pickles Seconded by Councillor Johnson Planning Background Whereas this motion refers to the lands commonly known as the "Ward Farm", the site at 5113 Brock Road, being Part of Lots 17 and 18, Concession 9, and Part of Lot 31 and Lots 32, 47 and 48, Plan 12 and also some smaller adjacent properties to the north and south in the northeast quadrant of the Hamlet of Claremont, City of Pickering, approximately 36 hectares in area. See attached map. Whereas after several decades the hamlet has grown in development phases including to the northwest, southwest and southeast, and through City of Pickering exercises, it has been contemplated that the northeast would be similarly developed in phases. Whereas the City of Pickering Council adopted the Claremont Development Plan, approved in 1988, and designated the subject lands into two phases: "Residential Phase I" and "Residential Phase II", with approximately 12 hectares located in Residential Phase I, and approximately 24 hectares located in Residential Phase II. Whereas applications for plans of subdivision for these lands (Phase I and Phase II) were filed in 1990. The phase I application predates the Oak Ridges Moraine Conservation Plan (ORMCP) and remains open, and is therefore subject to the relevant transition provisions of the ORMCP. 10 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Whereas in 1997, the City of Pickering adopted its new Official Plan that was approved by the Region of Durham and Ontario Municipal Board. The Claremont Development Plan was incorporated in the Official Plan as "Hamlet Residential'. However, a small part of the Residential Phase I lands and all of the Residential Phase II lands were modified to "Agricultural Areas" and excluded from the "Hamlet Residential' designation. The rationale for this decision is unclear other than that only minor rounding was permitted by the Municipal Affairs and Housing at the time, pending further studies. Whereas in 2001 the Oak Ridges Moraine Conservation Plan (ORMCP) came into effect and designated the subject lands "Rural Settlement", "Countryside Area", and a small area in the extreme northeast corner as "Natural Core Area". Whereas in adopting its ORMCP conformity Amendment 15 to the Pickering Official Plan on March 6, 2006, the City of Pickering included a minor rounding out of the boundary of the Hamlet of Claremont to the limit of the Brock Road by-pass so that it incorporated the entirety of the subject lands to restore the former City and Region approved Hamlet boundary. MMAH did not accept the position of the amendment. ORMCP and Greenbelt Plan Coordinated Review. Whereas in early 2015, the Minister of Municipal Affairs and Housing, and the Minister Natural Resources and Forestry commenced and are still undertaking a coordinated review of provincial plans, including the Oak Ridges Moraine Plan and Greenbelt Plan. Whereas on May 19, 2015, the City of Pickering and the Region of Durham in their resolutions responding to the Province of Ontario on the coordinated review of the provincial plans, requested among other matters, that the Province provide the opportunity to re -define the Greenbelt Plan and/or Oak Ridges Moraine Conservation Plan boundaries to allow for minor expansions of hamlets, subject to some conditions. Designation Re -consideration Whereas in reviewing the existing development application for Phase I, there is a possibility to seek to restore the former Pickering Council supported designation of these lands as "Hamlet", as well as address current flooding issues in the existing community through the development of the larger site (Phase I and Phase II lands) and resolve property encroachment issues, including encroaching septic systems on Lane Street. Whereas to consider the development of the larger site, part of the site requires a re - designation by the Province from "Countryside Area" to "Rural Settlement" in the ORMCP to reflect its former status in the Claremont Development Plan. This re -designation would retain all lands within the Greenbelt Plan, as subject to the ORMCP. No change in designation is required under the Greenbelt Plan; and no change in designation of the "Natural Core Area" is contemplated. 11 Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Whereas through community discussions and comments, there are differing views in the community with respect to allowing an expansion to the Hamlet of Claremont boundary. Whereas it is difficult to deal with the present development application and future planning decisions without first addressing the ORMCP designations. A change in designation of lands in the ORMCP is a decision that can only be made by the Province. The City cannot consider development on lands within the "Countryside" designation. A review of this matter by the Province will help set the context for future planning discussions. The Minister of Municipal Affairs and Housing has the authority, at any time, to amend the designation of lands subject to the ORMCP, pursuant to section 12(1) of the Oak Ridges Moraine Conservation Act, 2001. Whereas the Office of the Provincial Development Facilitator was established to help the Province, municipalities, developers and community groups resolve issues related to growth management, land use and infrastructure planning, and environmental protection. Now therefore be it resolved that the City of Pickering request the Minister of Municipal Affairs and Housing, and the Minister of Natural Resources and Forestry to review the present designation of the subject lands and consider changing the "Countryside Area" designation to "Rural Settlement" pursuant to Section 12(1) of the Oak Ridges Moraine Conservation Act, 2001. That the Provincial Development Facilitator be requested to assist the Province to undertake this review, including consulting with the residents and landowners in the Hamlet of Claremont, the City of Pickering, the Region of Durham and other relevant stakeholders. That the process of this review help inform the development of a broader provincial policy as contemplated in comments to the Province during the Coordinated Review that would allow consideration of minor boundary amendments and expansions to hamlets under the ORMCP. Yes Councillor Ashe Councillor Cumming Councillor Johnson Councillor Pickles Mayor Ryan (Vlll) By-laws Carried on a Recorded Vote as Follows: No Councillor McLean 12 Citq no Council, Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers 7440/15 Being a by-law to establish a Community Emergency Management Program for protecting property, the environment and the health, safety and welfare of the inhabitants of the City of Pickering. 7441 /15 Being a by-law to exempt Part of Lots 3, 4 and 5, Plan 40M-1928, being Parts 4, 5, and 6, Plan 40R-19416 from part lot control. 7442/15 Being a by-law to establish that part of Lot 4, Plan 282, Pickering, designated as Part 45, 40R-25121, as public highway. 7443/15 Being a by-law to establish that part of Lot 17A, RCP 1051, Pickering, designated as Part 3, 40R-10267, as public highway. 7444/15 Being a by-law to amend Restricted Area Zoning By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 18, Concession 3, City of Pickering. (SP-2013-04 & A 8/13) Resolution #84/15 Moved by Councillor Ashe Seconded by Councillor Johnson That By-law Nos. 7440/15 through 7444/15, be approved. Carried (X) Other Business Councillor Johnson noted his concern with the 407 construction at Brock Road, stating that it was creating chaos, as the detour is confusing with terrible signage, resulting in people driving in circles, creating safety issues. He requested that staff investigate to determine a way to improve the situation. (XI) Confirmation By-law By-law Number #7445/15 Councillor McLean seconded by Councillor Johnson moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of September 21, 2015. (XII) Adjournment Moved by Councillor McLean Carried 13 Seconded by Councillor Cumming That the meeting be adjourned at 8:38 pm. Dated this 21 st day of September, 2015. Council Meeting Minutes Monday, September 21, 2015 7:00 PM - Council Chambers Bill McLean, Deputy Mayor Debbie Shields City Clerk Carried