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Pickering and York reach legal settlement
August 11, 2010
Kristen Calis
(newsdurhamregion.com)

PICKERING -- The City and York Region have reached a settlement regarding the long battle over the Big Pipe.

The settlement means York Region will go ahead with its twinning of the southeast collector trunk sanitary sewer, which brings 90 per cent of York's sewage to the water pollution control plant in Pickering for treatment.  But the City will get a $10.3-million commitment in community enhancements, including $2.6 million toward the Waterfront Trail, plus $1.6 million in road improvements and an a dditional $377,000 in staff funding.

“I'm pleased that we were able to negotiate a settlement that is in favour to the City of Pickering,” Mayor Dave Ryan said in an interview.

He added the settlement includes a one-hour response time commitment by York Region in case there are any complaints, specifically with odours, and keeping an inventory nearby of the equipment needed to address any problems.

The pipe was originally built in the 1970s, and York made plans in 2008 to expand the plant to accommodate future growth.  After residents, especially those from the Cherrywood West subdivision, where York was planning to build an odour control facility to accommodate the expansion, found out, the group Stop the Stink was formed.

After constant pressure from the citizens' group, Durham Region voted against hosting the facility in Pickering.  York Regional Chairman Bill Fisch and Durham Regional Chairman Roger Anderson later signed off on an agreement to move the facility within York Region boundaries last summer.

Still unsatisfied with the plans, and citing York Region's lack of consultation with the residents of Pickering, the City last fall initiated legal action against York Region.

In the meantime, the minister of the environment, John Gerretsen, approved the environmental assessment for York's plans, adding a number of conditions to his approval.

At the last council meeting before summer break, Mayor Ryan announced the City chose to drop the lawsuit, claiming a number of legal opinions indicated the City would lose the battle.

Residents, including mayoral candidate Maurice Brenner, challenged the City's decision at a recent protest at City Hall.

“We thought the mayor was leading a fight on our behalf,” Mr. Brenner said.  “What has changed?”

Mayor Ryan said dropping the suit and negotiating a settlement was the responsible course of action, especially since Mr. Gerretsen approved the EA and said in a letter to Mayor Ryan he would not reverse his decision.

“It was important and it was the right thing to do,” said Mayor Ryan.  “We understand that not everybody is pleased that we've taken this course of action.  The important point is we couldn't win.  All of our legal opinions were telling us we couldn't win at this point.”

Mayor Ryan said the costs could have gotten out of hand.

“We were literally talking potentially tens of millions of dollars in liability,” he said.

Mayor Ryan said although the pipe's expansion couldn't be stopped, he thanked the community, especially Stop the Stink, for playing a big role in pushing the odour control facility out of Pickering.

“It was their involvement and their collective energy that helped us (gain) the political opposition to ensure that happened,” he said.

The City ended up paying about $320,000 in legal fees before dropping the suit, Mayor Ryan said.  Although Pickering's legal costs weren't recovered, York is paying $377,000 so the City can support a staff engineer to monitor the pipe's expansion.

-- With files from Jeff Mitchel

City was right in abandoning Big Pipe legal action
July 30, 2010
(newsdurhamregion.com)

To the editor:

I am a proud opponent of the Big Pipe.  I've attended Stop the Stink meetings, carried a sign in minus-30 temperatures and my letter to the Minister of Environment is posted on the group's website.

The protest over Pickering Council's decision to cease legal action against York Region, though, seems misguided.  The lawyers hired by the City, who presumably stood to earn hundreds of thousands of taxpayer dollars by continuing the suit, told Council it had no chance of success.

Continuing the lawsuit in those circumstances would have been utterly irresponsible.

As a lawyer, I understand why the meeting had to be closed; council was receiving confidential and privileged advice and if the meeting was open, that privilege would be lost.  Until the entire dispute with York is resolved, the legal advice must remain confidential.

Mr. Brenner, in spite of his dramatic indignation, participated in many closed meetings when he was a member of council.  There is an election coming.  Thankfully, most members of council aren't playing cheap politics but doing what's best for all Pickering residents.

Don Harvey

Pickering

News Release
For Immediate Release
Pickering Reaches Settlement on York-Durham Sewer System

Pickering, ON, August 5, 2010 - The City of Pickering and Regional Municipality of York (York Region) have signed off on the Minutes of Settlement with respect to the Southeast Collector Trunk Sanitary Sewer (SEC) and Duffin Creek Water Pollution Control Plant.

In 2009, the City initiated legal action against York Region over the twinning of the SEC and the location of its related odour control facility.  However, as the legal proceedings unfolded, the City received a broad range of legal opinions indicating that it would find itself on the losing end of a costly legal battle.  These concerns were validated by correspondence received from the Minister of the Environment, dated June 3, 2010, which effectively approved the SEC, while essentially quashing the CityŐs hopes of stopping the project.

In addition to the possibility of footing a multi-million dollar legal bill, the City of Pickering risked having York Region rescind its original agreement to fund a number of key community enhancements.  It became evident that the City needed to settle with York Region to not only avoid a crippling legal outcome, but also renegotiate community benefits, environmental controls and safety commitments while it still had any leverage.

Council has worked diligently over the years to present a balanced and fiscally responsible budget so that PickeringŐs taxes would remain the lowest among Durham's lakeshore municipalities.  Had the City continued on its previous course, it ran the risk of accumulating millions in legal fees, and possibly tens of millions more should York Region have successfully sued Pickering for damages.  The City would have then been faced with the prospect of raising taxes by a minimum of 2.5 per cent to cover the shortfall.  Clearly, that was a risk that Council as a whole was not willing to take.

After much negotiation, York Region has agreed to implement more stringent monitoring and response guidelines with respect to the odour control facility.  In addition, it has agreed to uphold its $10.3 million commitment in community enhancements, along with $1.6 million in road improvements, plus an additional $377K in staff funding.

“While we regret that we were not able to stop this project, we can take solace knowing that our desired environmental controls and safety concerns were incorporated, along with millions in community benefits and infrastructure,” said Mayor Dave Ryan.  “We acknowledge that some people wanted us to keep fighting until the bitter end, but thatŐs not responsible governance.  We are confident that the vast majority of residents, businesses and stakeholders will agree that we made absolutely the right decision for Pickering as a whole.”

-30-

As the gateway city to the east GTA, Pickering (population 94,000) is strategically located where Toronto, York and Durham Regions meet.  Pickering is an affluent community that is steeped in history, natural beauty and small town charm with all the amenities and services that a big city has to offer.  The City of Pickering is considered a municipal leader in fiscal management, service delivery, sustainability and the environment; and offers a wealth of sports, leisure and recreation opportunities to its residents.  Pickering has been recognized by Profit magazine as one of the ten best cities in Canada for growth companies and received the 2008 FCM-CH2M Hill Sustainable Community Planning Award.

Media Contact:
Name: Mark Guinto
Title: Coordinator, Public Affairs, Office of the Mayor
Email address: mguinto@cityofpickering.com
Phone number: 905.420.4660 ext. 2013
TTY: 05.420.1739

Pickering lends green helping hand
August 05, 2010
(newsdurhamregion.com)

PICKERING -- The City of Pickering wants to help residents get green with energy.

The City has posted easy-to-understand information online so residents and businesses can better understand the Ontario Power Authority's renewable energy feed-in tariff program.

The program allows businesses and homeowners to generate renewable energy through solar, wind and water power, and bioenergy; feed the energy back into the electrical grid; and get financially reimbursed as a result.  The premise is simple, but filled with information, so the City wanted to relay the details in a concise manner for its residents and businesses.

Frequently asked questions, industry and community links and other key information on the program can now be found on the Sustainable Pickering website.

Also, Pickering's building services division is willing to meet with those interested in the program to discuss possible energy installations.

Ward 2 City Councillor Doug Dickerson, chairman of the Sustainable Pickering advisory committee, encourages all Pickering residents and businesses to get involved in the “innovative” program.

“The City of Pickering has embarked on a journey to become the most sustainable city in Ontario,” he said in a press release.  “As such, it's important that we provide our residents and stakeholders with the right knowledge and tools so that they may also participate in our sustainability journey.”

VISIT www.sustainablepickering.com

Mind the hogweed in Pickering neighbourhoods
August 05, 2010
(newsdurhamregion.com)

It's difficult sometimes to believe that a thing of picture-perfect beauty can hide a nasty surprise, but the pretty hogweed plant fits the bill.

The plant, which can grow to six metres, is considered a severe toxic plant by the Toronto and Region Conservation Authority, which is monitoring sightings of the plant here in Pickering following the recent discovery of some growing locally.

The plant's clear sap contains a chemical that can lead to burning skin blisters, severe irritation or dermatitis.  If it gets into the eyes, it can lead to temporary or even permanent blindness.  In that context, it is imperative that City and Regional officials take quick action to identify plant locations and manage their growth.

In the simplest terms, don't touch the plant if you think you've discovered one in your neighbourhood.  Contact City officials to report the sighting, provide location and descriptive details and ensure that pets or children are kept away.

For their part, City officials must provide area residents with necessary information to protect them from exposure and ensure that sighting reports are duly followed up, recorded and managed appropriately.

Even one injury from hogweed sap is one too many.  Pickering residents must be aware of their surroundings when out and about in any of the various outdoor areas in Pickering, exercise caution and take note of their discovery.

In the meantime, City and Regional officials must remove the hogweed that has been identified, either through herbicide use or complete removal of the offending plants.  And because the plants are biannual -- they grow one year and bloom the next -- it provides some breathing room for an eradication program, should officials choose that option.

The bottom line is that hogweed can't coexist with Pickering residents without the potential for serious injury.  It blooms beautifully but packs a nasty, blister-inducing surprise.

Be careful when you're out and about.  Stay away if you think you've discovered a hogweed plant in your neighbourhood.  Use common sense and care and finally, inform the proper officials.  It doesn't take much to share the information, but it could prevent unnecessary pain, injury and suffering.

-- Metroland Durham Region Media Group

Kingston Road sidewalk network's time has come in Pickering
Editorial & Opinions
Metroland Media

WE THINK...

Kingston Road sidewalk network's time has come in Pickering.

Pickering councillors are thinking with their feet -- to the benefit of citizens from the east side of the Millennium City to the west.

City councillors last week ...

See the full article here.

Pickering wants sidewalks all along Kingston Road
June 29, 2010
Kristen Calis
(newsdurhamregion.com)
Bill Hendricks walking on shoulder
Ryan Pfeiffer / Metroland

PICKERING -- Bill Hendricks walked along the gravel shoulder of Kingston Road approaching Brock Road June 28. Hendrick, who walks the route a couple of times a month, said cars will drive on the shoulder during rush hour in order to get into the turning lane.  The City plans to install sidewalks along the length of Kingston Road within Pickering's boundaries.  June 28, 2010.

PICKERING -- In the coming years, Pickering residents should be able to walk along Kingston Road comfortably and safely, from Toronto to Ajax if they want to.

It's not uncommon to see mothers pushing strollers, cyclists walking bikes, residents with mobility issues using wheelchairs and people of all ages from seniors to youth walking along the unpaved shoulder on Pickering's main street, Kingston Road.

But council unanimously hopes that will change and the puzzle will soon be pieced together.

Council has supported Ward 3 City Councillor David Pickles's motion that Pickering become connected from Toronto in the west to Ajax in the east with sidewalks, making the entire road accessible for pedestrians throughout Pickering.

“The vision is to have safe, continuous sidewalks on both sides of Kingston Road, our main street, from Toronto to Ajax,” said Coun. Pickles.

Staff will prepare an inventory of the sidewalk network on Kingston Road and a plan identifying gaps and deficiencies in the network, will consider bike routes, and recommend priorities to council in time for the 2011 budget.

Ward 2 Regional Councillor Bill McLean pointed out the lack of sidewalks along the road from Whites Road to Liverpool Road.

“It scares the heck out of me to see trucks and cars whiz by, getting so close to these people,” he said.

The sidewalk won't be linked immediately, but the plan will help the City budget for an earlier completion rather than the current piecemeal approach of creating sidewalks alongside development.

All members of council agreed.

“There are few things council agrees on unanimously but Kingston Road and sidewalks affect every ward,” said Ward 1 City Councillor Jennifer O'Connell.

Ward 1 Regional Councillor Bonnie Littley had similar thoughts.

“It's dangerous and we definitely need to do something about that,” she said, referring to often seeing a woman pushing a stroller on the shoulder near Walnut Lane.

Coun. O'Connell appreciated bike lanes being listed in the motion, and suggested putting in clear and distinct bike lanes, such as using curbs rather than simple lines.

“We've seen that bike lanes don't get used if it's simply a line painted on a shoulder,” she said.

Ward 3 Regional Councillor Rick Johnson expressed difficulty with using taxpayers' money for something that development charges should fund, but said he would support the initiative because the sidewalk is needed and the bottom line is safety and accessibility.

Coun. Pickles said the City has waited long enough for the sidewalks to be improved along the regional road, and added some areas without sidewalks, such as the south side of Kingston Road close to Denmar Road, will most likely never be developed and could never get a sidewalk if the City doesn't take initiative.

“We're just going to have to bite the bullet and do it,” he said.

If staff comes back with a three- to five-year plan, that will allow the City to set aside money each year and get Pickering on its way to having a fully accessible sidewalk for all, he said

City of Pickering 2010 municipal report cards
June 23, 2010
Pickering News Advertiser
(newsdurhamregion.com)

This year: A-

Last year: B+

Committee: 19/19

Council: 18/18

Expenses: $18,202

Coun. Pickles has perfect attendance and keeps his expenses quite low.  He often seems to be the voice of reason on council, keeping finances and legalities in mind.  He's put forward a number of motions this year, contributing to his improved grade, including asking the Region to hire a Durham-wide integrity commissioner, and to reinstate Pickering's vote for the direct election of the Regional chairman.  He's also asked Pickering staff to create an incentive plan to attract smart development to the city without decreasing Pickering's revenue.



Pickering City Council 2008 Report Card
Tuesday June 24th, 2008
(Pickering News Advertiser)
 

Last year: B
This year: B+

Coun. Pickles's grade increased because he's been more vocal at meetings and his logic stands out.  For example, rather than simply closing down the Greenwood Library due to a ruined foundation and broken furnace, he talked council into putting $50,000 into a contingency fund so money will be available if repairs go ahead.  He spent the least on expenses and had an energy audit conducted on his home to see how he can personally reduce energy consumption.

Attendance: council, 16/16, executive committee, 10/10
Expenses: $4,512



Councillor Pickles with The Right Honourable Stephen Harper
 
Councillor Pickes with The Right Honourable Stephen Harper
Councillor Pickles with The Right Honourable Stephen Harper,
at the Canadian Club of Toronoto luncheon November 8, 2007


Councillor Pickles with Premier Dalton McGuinty
 
Councillor Pickes with Premier Dalton McGuinty
Councillor Pickles with Premier Dalton McGuinty


Greater Toronto Marketing Alliance (GTMA) - Toronto
November 5th, 2007
 
Councillor Pickes with Honourable Jim Flaherty
Councillor Pickles with the Honourable Jim Flaherty, Minister of Finance, Canada



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