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HomeMy WebLinkAboutCL 10-04 REPORT TO EXECUTIVE COMMITTEE Report Number: CL 10-04 Date: February 17, 2004 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Assumption of Transit Responsibilities by the Region of Durham Recommendation: 1. That Clerk's Report CL 10-04 regarding the transfer of the City's power relating to transit to the Region of Durham be received. 2. That the Council of the Corporation of the City of Pickering hereby consents to Region of Durham By-law Number 11-2004 which provides for the transfer of all the lower-tier power relating to public transportation systems, other than highways, to the Region effective July 1, 2004 or such other date as may be established by resolution of Regional Council. Executive Summary: To consent to the assumption of transit responsibilities by the Region of Durham. Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of February 2, 2004: WHEREAS the Durham Region Transit Improvement Plan identified potentially significant benefits that would accrue from further amalgamation of local conventional and specialized transit services within the Region and recommended that a business case analysis be undertaken to determine the costs, benefits and implications associated with further amalgamation of local transit services in Durham; and Report CL 10-04 Date: February 17, 2004 Subject: Assumption of Transit Responsibilities by Region of Durham Page 2 WHEREAS in 2001, Durham's Draft Transportation Master Plan recommended an implementation strategy to create integrated, Region- wide conventional and specialized transit service in Durham; and WHEREAS other upper tier transit systems have capitalized on funding opportunities from senior levels of government that appear to be unavailable to lower tier providers due to the nature and scope of the funding mechanisms; and WHEREAS the Durham Community Strategic Plan included a strategic action to develop a viable, affordable and integrated transit system within the Region and linking with the rest of the Greater Toronto Area; and WHEREAS the Region of Durham may have greater opportunities to encourage enhanced GO services through Durham; NOW THEREFORE BE IT RESOLVED THAT as it would be a requirement under the Municipal Act, 2001 for a triple majority in order for the upper tier to assume full responsibility for transit, the Council of the Corporation of the City of Pickering hereby supports the Regional Municipality of Durham assuming full authority over bus passenger transportation systems currently provided at the lower tier effective July 1, 2004; and FURTHER THAT all transit capital such as transit buildings, buses and materials be transferred to the Regional Municipality of Durham; and FURTHER THAT the Regional Municipality of Durham commits to maintaining and enhancing current service levels; and FURTHER THAT the Chief Administrative Officer facilitate the process and discussions respecting the said transfer on the City's behalf and report back to Council; and FURTHER THAT a copy of this resolution be forwarded to Wayne Arthurs, MPP, Dan McTeague, MP, appropriate Ministries and all local municipalities and transit providers within the Region of Durham. Attached to this Report is a copy of correspondence from the Regional Clerk dated February 12, 2004 advising that the Council of the Regional Municipality of Durham has passed a by-law to assume all of the lower-tier power relating to public transportation systems, other than highways, effective July 1, 2004 or such other date as may be established by resolution of Regional Council. Report CL 10-04 Date: February 17,2004 Subject: Assumption of Transit Responsibilities by Region of Durham Page 3 The Region is now asking all the area municipalities for their consent to this by-law as part of the triple majority that is needed for the Region to assume this lower tier responsibility. Although the February 2nd resolution noted above notes Pickering Council's support of the Region assuming the responsibility for bus passenger transportation systems, a separate resolution will be needed to consent to the by-law that was passed by the Region in order to fulfill the "triple majority" requirement set out in the Municipal Act. For Council's information, a "triple majority" is achieved as follows: 1. A by-law agreeing to assume the responsibility for public transportation systems, other than highways, must receive the support of a majority of votes of the Regional Council. This part of the "triple majority" was achieved when the Region passed the required by-law at a meeting held on February 11, 2004. 2. A majority of the lower tier municipal councils must pass resolutions consenting to the by-law. That is the purpose of this Report. 3. The total number of electors in the consenting lower tier municipalities must form a majority of electors in the Region. It is important to note that Section 2(a) of the Regional By-law states that on the effective date, all rights and obligations and all assets and liabilities of the lower-tier municipality shall vest in the Regional Corporation subject to such terms and conditions as may be mutually agreed. The resolution passed by Pickering Council does direct the City's Chief Administrative Officer to facilitate the process of transferring this responsibility to the Region and to report back to Council on his discussions and progress. Attachments: 1. Letter from Regional Clerk dated February 12, 2004 Prepared ~ 4:' ~uce Taylor City Clerk c Report CL 10-04 Date: February 17, 2004 Subject: Assumption of Transit Responsibilities by Region of Durham Page 4 Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council ATTACHMENT#-LTOREPORT# CL.. It:> - D,,/ FAXED - ORIGINAL TO FOllOW THIS lETTER HAS BEEN FORWARDED Ig T~f¡5G~: ~\~fEDKS Gry,/:~ : ,:':,..~m\!G February 12, 2004 The Regional Municipality of Durham CLEJiKS DIVISION Clerk's Department 605 ROSSLAND RD. E. PO BOX 623 WHITBY ON L 1 N 6A3 . CANADA 905-668- 7711 1-800-372-1102 ~:~i~05-668-9963 RE: REGION OF DURHAM TRANSIT BY-LAW, FILE: AO1-31 clerks@region.durham.on.ca 2004-RTIC-1 OUR FILE: TO5-00 Mr. B. Taylor City of Pickering 1 The Esplanade Pickering, ON L 1 V 6K7 www.region.durham.on.ca Mr. Taylor, the Committee of the Whole of Regional Council considered Pat ,M. Madill, A.M.C,T., CMM I the above matter and' at a meeting held on February. 11 2004 Council Regional Clerk , , . adopted the following recommendations of the Committee: "a) THAT the draft by-law, Attachment 1 to Report #2004-RTIC-1 of the Commissioner of Planning, providing for the transfer of the lower-tier power relating to public transportation systems, other than highways (transit) to the Region, be presented to Council for enactment; and b) THAT the by-law, if enacted, be forwarded to the Council of the lower-tier municipalities requesting resolutions consenting to the by- law, and further, that their responses be received on or before March 24, 2004." It would be appreciated if you could draw this to the attention of your . Council at your earliest opportunity. In accordance with the above-stated recommendations, please forward your response by fax, on or before March 24, 2004, with the original to follow. ities" @ 100% Post Consumer f',TTACH M Eí\/1 Ù,~ TO REPORT # C L / 0 -- 0 It - - 2- Enclosed is a copy of By~law #11-2004, as well as a copy of Report #2004-RTIC-1 of AL. Georgieff, Commissioner of PI~nning. \,~'. P.M. Madill, AMCT, CMM I Regional Clerk PMM/cg Enclosure c: AL. Georgieff, Commissioner of Planning. . B.J. Roy, Regional Solicitor . C. Curtis, Commissioner of Works R.J. Clapp, Commissioner of Finance' BY-LAW NUMBER 11.2004 OF ATTACHMENT#--L TO REPORT # C( /c-o'f - THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to transfer all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipalities. WHEREAS section 189 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act") provides that an upper-tier municipality may pass a by-law to provide for the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; AND WHEREAS public transportation systems. other than highways, are defined in section 188 of the Act as a lower-tier power; AND WHEREAS the Council of The Regional Municipality of Durham desires to provide for the transfer of all of the power relating to public transportations systems, other than highways, to the Region from all of its lower-tier municipalities; NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by- law of The Regional Municipality of Durham through the Council thereof as follows: 1. The Regional Municipality of Durham hereby transfers all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipalities effective July 1, 2004 or such other date as may be established by resolution of Regional Council (the "effective date"). 2. On the effective date: (a) All rights and obligations and all assets and liabilities, including all real and personal property of the lower-tier municipalities pertaining to or used for public transportation systems, other than highways, shall vest in the Regional Corporation subject to such terms and conditions as may be mutually agreed; and (b) the interest and obligation of each lower-tier municipality in any agreement, purchase order, or lease respecting the provision of public transportation systems, other than highways, shall be assumed by the rTACHìvëE,,; I rOJ~J~ORT#,_~'L /0- oL/ Regional Corporation and the respective lower-tier municipality shall be relieved of all liability under such agreements. BY-LAW read a first time this 11th day of February 2004. BY-LAW read a second time this 11th day of February 2004. BY-LAW read a third time and finally passed this 11th day of February 2004. ~/~ grAnderson, Regional Chair ~j¿z) P.M. Madill, Regional Clerk i'l flAC¡-¡¡v¡¿iY {; I REPORT # -.::~ {Ö - (.1 Y The Regional Municipality of Durham RECOMMENDATION, AS AMENDED REGIONAL TRANSIT IMPLEMENTATION COMMITTEE FEBRUARY 3, 2004 The following are the recommendations, as amended, pertaining to Report #2004-RTIC-1 of the Commissioner of Planning, adopted by the Regional Transit Implementation Committee at their meeting held on February 3,2004: / "RECOMMENDATIONS TO COUNCIL / a) THAT the draft by-law, Attachment 1 to Report #2004-RTIC-1 of the Commissioner of Planning, providing for the transfer of the lower-tier power relating to public transportation systems, other than highways (transit) to the Region, be presented to Council for enactment; and b) THAT the by-law, if enacted, be forwarded to the Council of the lower-tier municipalities requesting resolutions consenting to the by-law, and further, that their responses be received on or before March 24, 2004." (See Appendix 1, Report #2003-RTIC-1) 1 , 1 . - - . n Î I i-\ \.., 1" ¡ Ii '¡¡.: !' I ¡{iYUHJ #!:::.!:.IU -. ú'f Appendix 1 The Regional Municipality of Durham To: The Regional Transit Implementation Committee From: Commissioner of Planning Report No.: 2004-RTIC-1 Date: February 3, 2004 SUBJECT: Region of Durham Transit By-law, File: A01-31 RECOMMENDATIONS: / . THAT the draft by-law (Attachment 1) providing for the transfer of the lower- tier power relating to public transportation systems, other than highways (transit) to the Region, be presented to Council for enactment; and a) b) THAT the by-law, if enacted, be forwarded to the Councils of the lower-tier municipalities requesting resolutions consenting to the by-law. REPORT: 1. 1.1 2. 2.1 2.2 PURPOSE The purpose of this report is to set out the statutory procedure by which public transportation systems (transit) can be transferred from the lower-tier municipalities to the Region. BACKGROUND The Municipal Act, 2001 permits the migration of certain services and facilities between upper and lower-tier municipalities. Currently the powers for operating public transportation systems, other than highways (transit) rest with the lower-tier municipalities in Durham. In January, 2004, the Municipality of Clarington passed a resolution supporting the Regional Municipality of Durham assuming full authority over bus passenger transportation systems currently provided by the lower-tier municipalities, effective July 1 2004 (refer to Attachment 2 for full resolution). On January 21,2004, Regional Council endorsed that resolution. 2 I ~ (... til ~~. I 0- () ..¡ Report No.: 2004-RTIC-1 Page No.2 / 3. 3.1 3.2 3.3 4. 4.1 MUNICIPAL ACT Currently, Section 188 of the Municipal Act identifies "public transportation systems-¡ other than h!ghw~ys" (transit) as a "power" that8.-lower-tier municipality can exercise. As such, Section 189 of the Act details the process for the transfer of power to the upper-tier. For the Region to assume power for public transit, the Act requires that Regional Council enact a by-law enabling the transfer of jurisdiction over public transit from the lower-tier municipalities to the Region. Th~ by-law, however, does not come into full force and effect until a "triple majority" is / achieved: . the by-law must receive the support of a majority of votes of Regional Council; . a majority of the lower tier municipal councils must pass resolutions consenting to the by-law; and . the total number of electors in the consenting lower tier municipalities must form a majority of electors in the Region. The number of electors is determined by the polling list from the last regular election. The Municipality of Clarington resolution specified that the Region of Durham assume authority over "bus passenger transportation systems". To align the resolution with the language of the Act, it is recommended that this be broadened to "public transportation systems, other than highways" (transit) within the by-law. This will also clarify that the Region has the opportunity to consider other forms of transit technology in the future. Further, it is assumed for the purposes of this by-law that "public transportation systems, other than highways" (transit) includes conventional and specialized transit services. EFFECT OF THE BY-LAW Recognizing Council's January 21, 2004 resolution, a draft by-law (Attachment 1) has been prepared for consideration. The draft provides for the transfer of the lower-tier power relating to public transportation systems, other than highways (transit) to the Region effective July 1, 2004 or such other date as Council may determine. The by-law also provides that all assets and liabilities, including existing contracts pertaining to or used for public transportation systems (transit), will be transferred to the Region. The detailed . 3 ""ïTACH(VjEfi, ....1. ~ < ('¿ io - {)'f Report No.: 2004-RTIC-1 Page No.3 terms of the transfer of assets have not been set out in the by-law. These issues will have to be resolved prior to the transfer date. 4.2 Should Council pass the by-law and obtain the required majority-at the lowE!r- tier, as of the effective date: . the Region will have exclusive jurisdiction over public transportation systems (transit); and . all the lower-tier municipalities, whether consenting or not, will be bound by the by-law and will no longer be empower~ to oper~t~ public transportation systems (transit). 5. CONCLUSION 5.1 In order to effect the transfer of public transit services to the Region, it is necessary to follow the statutory procedures set out in the Municipal Act. To accomplish this, it is recommended that the attached by-law be passed and circulated to the lower-tier municipalities, requesting their support of its enactment by resolution. 5.2 This report has been prepared in consultation with the Regional Solicitor. ,~ )11 AL. Georgieff, M.C.I.P., R.P.P. Commissioner of Planning ::j Attachments: 1. 2. Draft Region of Durham Transit By-law Municipality of Clarington Resolution H:\1-2\agendas\Transit Implementation Committee\O2-03-04\2004-RTlC- .DOC 4 fa '# <::L /'0- elf -". Attachment 1 to Report #2004-RTIC-1 BY-LAW NUMBER -2004 OF THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to transfer all of the 10weI..tjer power relating to puþlic transportation systems, other than highways, to the Region from all of its lower-tier municipalities. WHEREAS section 189 of the Municipal Act, 2001, S.D. 2001, c. 25, as amended (the "Act") provides that an upper-tier municipality may pass a by-law to provide for the transfertöf all or part of a lowe?tier power to the upper-tie~ municipality from one or more of its lower-tier municipalities which are specified in the by-law; AND WHEREAS public transportation systems, other than highways, are defined in section 188 of the Act as a lower-tier power; AND WHEREAS the Council of The Regional Municipality of Durham desires to provide for the transfer of all of the power relating to public transportations systems, other than highways, to the Region from all of its lower-tier municipalities; NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by- law of The Regional Municipality of Durham through the Council thereof as follows: 1. The Regional Municipality of Durham hereby transfers all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipalities effective July 1, 2004 or such other date as may be established by resolution of Regional Council (the "effective date"). 5 I - 2- é' t... I () - o..¡ 2. On the effective date: (a) -. (b) ,.. All rights and obligations and all assets and liabilities, including all real and personal property of the lower-tier municipalities pertaining to or used for publici¡ an;:¡portation systems, other than highways, shaH vest in the Regional Corporation subject to such terms and conditions as may be mutually agreed; and the interest and obligation of each lower-tier municipality in any agreement, purchase order, or lease regpecting the provision- of public transportation systems, other than highways, shall be assumed by the Regional Corporation and the respective lower-tier municipality shall be relieved of all liability under such agreements. BY-LAW read a first time this 11th day of February 2004. BY-LAW read a second time this 11th day of February 2004. BY-LAW read a third time and finally passed this 11th day of February 2004. P.M. Madill, Regional Clerk Roger Anderson, Regional Chair ..~'~ 6 . ..... . , . I '# c. i 10 -.. () 1.1 . Attachment 2 . r..-~. ::::::.-. . -, to Report 112004-RT: Clarj n of IW . - DU~!;' ~ ~ - ~::'~ '~~.::.;~ LeadingtÅ“~~ . '",' j io: . . .: ~ .., J^~! 1 5 2004 IIi Copy ~ January 13, 2004 t,. . '! T c: ' Ms, p, Madill, Regional Clerk ~,:: . . . . ;:-:'.~)!: £-,,1<'>.., , 11 =: Reg¡.Q~a! Municipality of Durham JFilë#"""'-""~'~""""'-.J'. . ..:"-"';J.~ .' . .- . .,- ~;fi~~.s~~nt f~~~îast . '-"'-"'- fP;-'~ ~ =l~ Dear Ms. Madill: . . '..' :~o;..A"~o^._,,-J= RE: AMALGAMATION OF LOCAL TRANSIT SERVICES IN DURHAM REGION At a meeting field on January 12, 2004, the General Purpose and Administration Committee of the Municipality of Clarington passed the following resolution: 'WHEREAS the Durham Regional Transit Improvement Plan identified potentially significant benefits that would accrue from further amalgamation of local conventional and specialized transit services within the Region and recommended that a business case analysis be undertaken to determine the costs, benefits and implications associated with further amalgamation of local transit services in Durham; WHEREAS in 2001, Durham's Draft Transportation Master Plan recommended an implementation strategy to create integrated, region-wide conventional and specialized transit service in Durham; WHEREAS other upper tier transit systems have capitalized on funding opportunities from senior levels of government that appear to be unavailable to lower tier transit providers due to the nature and scope of the funding mechanisms; , .' WHEREAS the Durham Community Strategic Plan included a strategic action to develop a viable, affordable and integrated transit system within the Region and linking with the rest of the Greater Toronto Area: . AND WHEREAS the Regíon of Durham may have greater opportunities to encourage enhanced GO services through Durham; l~~ ~.~) CORPORArlON OF THE MUNICIPALITY OF CLARINGTC 40 TEMPERANCE STf'EET. BOWMANVILLE. ONTARIO L1C 3A6 T (905)623-33 7 TV s- -að .'1 . o' I cL 10- ,'st Ms. P. Madill -2- January 13, 2004 NOW THEREFORE BE IT RESOLVED THAT as it would be a requirement under the Municipal Act, 2001 for a triple majority in order for the upper tier to assume full responsibility for transit, the - Council of the Municipality of Clarington supports the Regional Municipality of Durham assuming full authority over bus passenger transportation sY't::.,::,~-':f ~!.Jrrently prov¡ded at'the lower tier effective July 1 !It, 2004; THAT all transit capital such as transit buildings, buses and materials be transferred to Durham Region; THAT Durham Region commits to maintaining and enhant;lng current service levels; and / THAT a copy of the resolution be forwarded to all local municipalities and transit providers within the Region of Durham to be endorsed and forwarded back to Durham Region no later than February 2812004 FORTHWITH," PLB:cv cc: M. de Rond, Clerk, Town of Ajax G.S. Graham. Clerk-Administrator, Township of Brock S. Kranc, Clerk, City of Oshawa B. Taylor, Clerk, City of Pickering K. Coates, Clerk, Township of Scugog W.E. Taylor. Clerk, Township of Uxbridge D.G. McKay, Corporation of the Town of Whitby G. McNeil, The Greater Toronto Area Transit Authority N. Killens, Ajax Pickering Transit Authority G. McNeill. GO Transit ' N. Pidwerbecki, Oshawa Transit Commission D. Gooding, Whitby Transit AS. Cannella, Director of Engineering Services '. , 8 '...