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HomeMy WebLinkAboutNovember 15, 2004 Council Meeting Agenda Monday, November 15, 2004 7:30 PM (I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of November 1, 2004 (111) 1. DELEGATIONS Angie Littlefleld, Executive Director, Durham West Arts Centre, will address Council to report on how the Centre has used the grant from the City of Pickering in 2004 and how it plans to use the grant in 2005. (IV) 1. RESOLUTIONS To adopt the Executive Committee Report dated November 9, 1-5 2004 To consider Corporate Services Report CS 54-04 concerning the 6-11 Provincial Gas Tax Revenue Program. PAGE {V) BY-LAWS By-law Number 6402/04 12 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 Pickering Town Centre, 1355 Kingston Road). By-law Number 6403/04 13 Being a by-law to authorize the execution of an Amending Licence Agreement with Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Don Beer Arena. -1- PICKER1NG Council Meeting Agenda Monday, November 15, 2004 7:30 PM By-law Number 6404/04 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and 1317970 Ontario Inc. for those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934. By-law Number 6405/04 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and T. Arnts Loam Supply Ltd., for those lands consisting of 3.824 hectares of rentable area located in Lot 19, Concession 3, Pickering and comprising that part of Parts 37 and 40, Plan 40R-6934. 14 15 (VI) 1. NOTICE OF MOTION Moved by Councillor Pickles Seconded by Councillor McLean WHEREAS the Council of Great Lakes Governors, a body that is comprised of the Premiers of Ontario and Quebec and the Governors of New York, Pennsylvania, Ohio, Indiana, Michigan, Illinois, Wisconsin and Minnesota, have as their Mission Statement that threugh the Council, Governors work collectively to ensure that the entire Great Lakes region is both economically sound and environmentally conscious in addressing today's problems and tomorrow's challenges; and WHEREAS the Council of Great Lakes Governors has preduced a draft report entitled "Agreement for Annex 2001" which has the goal of protecting and restoring the Great Lakes; and WHEREAS many experts, including envirenmentalists, Native Leaders and elected people who believe that this Agreement will not protect the Great Lakes; and 16-17 -2- Council Meeting Agenda Monday, November 15, 2004 7:30 PM WHEREAS there has been a significant decrease in water levels that have impacted on commercial and recreational boat traffic and the ecological system of the Great Lakes which impacts on the lives of 40 million people; and WHEREAS any diversion of water from the Great Lakes basin will have a continued negative effect on the Great Lakes; and WHEREAS the Agreement for Annex 2001 is structured so that the power to make decisions over water withdrawals to the United States will lie with the Governors of the States only and not with the inclusion of the Premiers of the two Provinces; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby resolves; That the Prime Minister of Canada and the Premier of Ontario be requested to advocate that diversion of Great Lakes' waters not be allowed under the Agreement for Annex 2001; and That the Council of Great Lakes Governors be requested to strengthen the Agreement for Annex 2001 on the ability to divert any water from the Great Lakes; and That the present provision which allows the American States to overrule the Provinces of Ontario and Quebec be rejected and that a consensus of all parties on the Council of Great Lakes Governors be required before any water is allowed to be diverted; and FURTHER THAT copies of this resolution be forwarded to: · The Honourable Stephane Dion, Federal Minister of the Environment · The Honourable Ruben John Efford, Federal Minister of Natural Resources · The Honourable Geoff Regan, Federal Minister of Fisheries and Oceans · The Honourable Leona Dombrowsky, Provincial Minister of the Environment · The Honourable David Ramsey, Provincial Minister of Natural Resources · Mark Holland, MP, Ajax-Pickering -3- Council Meeting Agenda Monday, November 15, 2004 7:30 PM Dan McTeague, MP, Pickering-Scarborough East Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge (VII) OTHER BUSINESS (VIII) CONFIRMATION BY-LAW (IX) ADJOURNMENT -4- 001 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2004-17 dated November 9, 2004, be adopted. OO2 Appendix I Executive Committee Report EC 2004-17 That the Executive Committee of the City of Pickering having met on October 25, 2004, presents its seventeenth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 34-04 T. ARNTS LOAM SUPPLY LTD. RENEWAL OF LEASEAGREEMENT That Report OES 34-04 regarding a renewal of a Lease Agreement, be received; and That the attached draft by-law be enacted to authorize the execution of a lease agreement (renewal for an additional year) with T. Arnts Loam Supply Ltd. for those lands consisting of 3,824 hectares of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934, for a term of one year commencing January 1, 2005 and expiring December 31, 2005; and That the Mayor and Clerk be authorized to give effect hereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 35-04 1317970 ONTARIO INC. PICKERING DRIVING RANGE RENEWAL OF LEASE AGREEMENT That Report OES 35-04 regarding the renewal of a Lease Agreement be received; and That the attached draft by-law be enacted to authorize the execution of a lease agreement (renewal for an additional year) with 1317970 Ontario Inc. for those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934 for a term of one year commencing January 1, 2005 and expiring December 31, 2005. 3. That the Mayor and Clerk be authorized to give effect hereto. PICKERING Appendix I Executive Committee Report EC 2004-17 003 OPERATIONS & EMERGENCY SERVICES REPORT OES 37-04 DON BEER ARENA SNACK BAR CONCESSIONS LEASE AMENDMENT PICKERING HOCKEY ASSOCIATION INCORPORATED 1. That Report OES 37-04 regarding the Don Beer Arena Snack Bar Concessions be received; and That a by-law be enacted to authorize the execution of an amending licence agreement pursuant to which Pickering Hockey Association Incorporated will be permitted to continue to operate snack bar concession facilities within the Don Beer Arena; and That staff at the City of Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 39-04 FINAL APPROVAL FOR FINANCING OF COUNCIL APPROVED CAPITAL PROJECTS- INTERNAL LOANS AND EXTERNAL BORROWING THROUGH THE ISSUANCE OF DEBT That Report CS 39-04 from the Director, Corporate Services & Treasurer be approved; and That Council approve the internal loans of up to $267,000 to be financed from the Development Charges Reserve Funds based on the purposes, terms & conditions as specified in Attachment I and furthermore, that the Director, Corporate Services & Treasurer be authorized and directed to take whatever actions necessary, including the recommendations below, to give effect thereto; and That the Director, Corporate Services & Treasurer be authorized to: a) undertake long term financing through the issuance of debt up to a total amount of $1,537,000 for the projects listed on Attachment 2 in the indicated amounts up to a maximum term of 10 years, through the Region of Durham or the Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA) for the following purposes, as indicated in Attachment 2: Appendix I Executive Committee Report EC 2004-17 Parks $ 134 000 Property Maintenance Roads Culture & Recreation Fire Total 100 000 370 000 555,000 378OO0 $1,537,000 and the funding for remaining balances in these accounts amounting to approximately $79,008 be provided from the annual Current Budget; and b) undertake the financing of any projects or portions thereof that cannot be accommodated through the foregoing through internal loans or a financial institution offering long term financing under similar terms and conditions; and finance any capital expenditures currently financed through internal loans, should the need for funds arise, through the Region of Durham or through a financial institution; and d) make any changes, adjustments, revisions to amounts, terms and conditions or any other actions necessary in order to effect the above directions of Council; and That the costs of undertaking the financing, currently estimated at up to approximately $12,000, be charged to the 2005 Current Budget, General Government Loan Repayment; and That the annual repayment costs of principal and interest amounting to approximately $203,910 be included in the 2005 Current Budget and thereafter until the loan is repaid; and That the Director, Corporate Services & Treasurer be directed and authorized to finance any capital projects, the financing for which is not specifically approved by Council, through the issuance of debt or long term financing arrangements, through the Region of Durham, a financial institution, internal loans or whatever means necessary at the discretion of the Treasurer; and That the Director, Corporate Services & Treasurer be authorized to engage the services of any individual or firm, legal or otherwise, necessary to assist in the preparation of documentation, completion of an Appendix I Executive Committee Report EC 2004-17 0O5 o 10. undertaking and any other aspects in regards to the financing of capital projects; and That the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised on external and internal loans to other capital projects for which long-term financing is required, or to reduce the promissory notes for internal loans as is permitted under the Municipal Act; and That the Director, Corporate Services & Treasurer be directed to prepare the requisite by-laws for presentation to and adoption by Council at its meeting of November 15, 2004; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 38-04 INVESTMENT PORTFOLIO ACTIVITY FOR THE YEAR ENDED DECEMBER 31, 2003 That Report CS 38-04 of the Director, Corporate Services & Treasurer, concerning Investment Portfolio Activity for the Year ended December 31, 2003, be received by Council for information. CORPORATE SERVICES REPORT CS 40-04 FORMAL QUOTATIONS-QUARTERLY REPORT FOR INFORMATION That Report CS 40-04 of the Director, Corporate Services & Treasurer concerning Formal Quotations - Quarterly Report for Information be received and forwarded to Council for information. 006 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CS 54-04 of the Director, Corporate Services & Treasurer, concerning the Provincial Gas Tax Revenue Program, be received; and That Council endorse the City's participation in the Provincial Dedicated Gas Tax Funds for Public Transportation Program; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. REPORT TO COUNCIL Report Number: CS 54-04 Date: November 8, 2004 OO7 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Provincial Gas Tax Revenue Program Recommendation: 1. It is recommended that Report CS 54-04 of the Director, Corporate Services & Treasurer be received and that; 2. Council endorse the City's participation in the Provincial Dedicated Gas Tax Funds for Public Transportation Program; and, 3. the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: On October 22, 2004, the Provincial Government announced it was introducing a new program (gas tax revenues) to provide funding for public transit. Pickering Council's approval is required in order for the City to receive the gas tax revenues. Financial Implications: As of October 1, the Ontario Government will provide one cent a litre of provincial gas tax funding for public transit. This will increase to 1.5 cents in 2005 and two cents in 2006. Ajax and Pickering's share for the 12 month period (October 1, 2004 to September 30, 2005) is estimated to be $1,176,793. The first payment of $294,198 is for the period October 1 to December 31,2004. Background: The Provincial Government is delivering on its commitment to invest provincial gas tax revenues in public transit. Over the next three years, it is estimated that the Province will invest more than $680 million. The gas tax is new money for transit. This new funding in on top of the current Provincial funding provided through the Ontario Transit Vehicle Program or OTVP which is used to provide one-third funding for capital expenditures (buses). OO8 Report CS 54-04 Subject: Provincial Gas Tax Revenue Program Date: November 8, 2004 Page 2 Ajax and Pickering's share of the of the gas funds for the first year (October 1, 2004 to September 30, 2005) is estimated to be $1,176,793. The Province applied a funding formula based on transit ridership (70%) and municipal population (30%) to arrive at the funding amount. The Ministry used population figures of 80,755 for Ajax and 94,032 for Pickering. (The population figures were provided by the Ministry of Finance.) Each municipality is required to have their respective Council's approve their participation in the Provincial Gas Tax revenue program. The Ministry has designated Town of Ajax as the host municipality and Ajax is signing the legal agreement as required by the Province. First Provincial Payment (October to December 2004) - $294,198 The first quarter payment (Ajax and Pickering) is estimated to be $294,198 of which Pickering's share is approximately $154,452. These funds represent the time period October 1 to December 31, 2004 and are to be used by the municipalities for public transportation/transit. The City intend's to use these funds to offset ongoing APTA expenditures (current and capital.) As Members of Council are aware, Pickering funds APTA operating costs through its tax levy and with the Durham Region Transit Reserve funds. 2005 Gas Tax Funds For 2005, the Province requires municipalities to use gas tax funds for capital and operating expenditures that support increased ridership and follow the GTA transportation strategy. City staff will be working with APTA's management to develop the 2005 Budget that maximize's the benefit of the Provincial gas tax revenues. Attachments: 1. Letter from Ministry of Transportation dated October 22, 2004 re Gas Tax Funds Report CS 54-04 Subject: Provincial Gas Tax Revenue Program Date: November 8, 2004 Page 3 009 Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation GAP:vw Attachment Copy: Chief Administrative Officer Recommende~d~:xI!~ ~/~o/n/nsideration of Pickering ~ci~,~.'¢ ~ Thomas O. C~i~, ~ Administrative Officer ,/ ~'-~illis A. Paterson Director, Corporate Services & Treasurer 010 Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A (416) 327-9200 www.mto.gov.on.ca October 22, 2004 His Worship Steve Parish Mayor Town of Ajax 65 Harwood Avenue South Ajax, ON L1S 2H9 ATTACHNENT #....LTO REPORT #._~ Minlst~re des Transports Bureau du ministre Edifice Ferguson, 3e ~tage ontario 77, rue Wellesley ouest Toronto (Ontario) MTA 1Z8 ~' .................. ~---.~;-b. E MAYOR"~ (416) 327-9200 ·Re ':n/~ . ~ ~.mto.gov.on.ca l~ ..... ~7 ...... k ............ FW'~ COPY- CIRCULATE ~ .; VEL. - HUMAN RES. , ::~ ' FMERG.~ LEGAL CUt CUST. CARE Dear Mayor Parish: In the spring budget, our government made a commitment to dedicate two-cents per litre of the provincial gas tax to municipalities for public transit, starting with one-cent per litre this October. It is my great pleasure to inform you that we are delivering on this commitment. Between October 2004 and October 2005 we will provide $156 million of gas tax funding to municipalities across the province for public transit. This is in addition to the province's existing-transit program funding. Ajax will be eligible to receive an allocation of $1,176,793 for the period October 1,2004 to September 30, 2005. Payments will be made on a quarterly basis. The first quarterly. payment will be sent to your municipality as soon as we receive your signed agreement. Enclosed you will find a Letter of Agreement and Program Guidelines. This is the first time the Government of Ontario has allocated a portion of the gas tax to support transit in this province, and it is a monumental step towards expanding and increasing transit ridership, which will lead to more convenient, reliable, and improved levels of transit service across Ontario. To determine the best method of allocation, we engaged municipalities, transit agencies, induStry groups, environmental stakeholders and organized labour through a consultation process. The results of those consultations provided valuable input into the eligibility criteria, mechanisms for reporting to the province on outcomes, and an allocation formula that combines ridership and population. These two factors have helped us balance the needs of mature, existing transit systems, with the needs of rapidly growing and smaller municipalities. .../2 011 -2- Please return the signed Letter of Agreement by Monday, November 22, 2004. Please include also a record of a supporting Council by-law. This will help ensure that your municipality receives the first quarterly payment before the close of the 2004 municipal fiscal year, and that the funds can start improving transit now. This agreement will also provide the basis for the subsequent qUarterly payments in January 2005, April 2005, and July 2005. The Ajax/Pickering currently provides a public transit service that includes service to, and receives financial contributions from Town of Ajax and City of Pickering. Your municipality is involved with other municipalities in jointly providing this public transit service. We therefore request that you provide the Ministry with clarification as to which municipality should receive the payment. Details on payment are provided in the attached guidelines. Sincerely, Harinder S. Takhar Minister of Transportation cc~ His Worship David Ryan, Mayor, City of Pickering 012 THE CORPORATION OF THE CITY OF PICKERING BY-LAW N0.6402/04 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 Pickering Town Centre, 1355 Kingston Road.) WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Picketing in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road: Mark Dagger b) Pickering Town Centre, 1355 Kingston Road: Bradley O'Connor Keith Correia Adam Brown Keely Smith John Cilia The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the person listed in section l(a) ceasing to be an employee of Securitas Canada or upon Secudtas Canada ceasing to be agents for 1822 Whites Road, 1100 Begley Street, or Kingston Road, or upon the persons listed in section l(b) ceasing to be employees of Pickering Town Centre. BY-LAW read a first, second and third time and finally passed this 15th day of November, 2004. David Ryan, Mayor Bruce Taylor, City Clerk T.E THE 0 ! 3 BY-LAW NO. 6403/04 Being a by-law to authorize the execution of an Amending Licence Agreement with Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Don Beer Arena. WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45 the Council of the Corporation of the City of Pickering may enact a by-law for leasing premises owned by the Corporation. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Amending License Agreement, in a form acceptable to the City Solicitor, between the Corporation of the City of Pickering and Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Don Beer Arena. BY-LAW read a first, second and third time and finally passed this 15th day of November, 2004. David Ryan, Mayor Bruce Taylor, City Clerk CORP0223-07/01 014 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6404~/_q_4 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and 1317970 Ontario Inc. for those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934. WHEREAS pursuant to the provisions of sections 110 of the Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering may by By-law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a one (1) year term ending December 31, 2005, between the Corporation of the City of Pickering and 1317970 Ontario Inc. BY-LAW read a first, second and third time and finally passed this 15 day of November 2004. David Ryan, Mayor Bruce Taylor, City Clerk BY-LAW NO. 6405/04 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and T. Arnts Loam Supply Ltd., for those lands consisting of 3.824 hectares of rentable area located in Lot 19, Concession 3, Pickering and comprising that part of Parts 37 and 40, Plan 40R-6934. WHEREAS pursuant to the provisions of sections 110 of the Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering may by By-law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a one (1) year term ending December 31, 2005, between the Corporation of the C.ity of Pickering and T. Arnts Loam Supply Ltd. BY-LAW read a first, second and third time and finally passed this ]5 day Of, November 2004. David Ryan, Mayor Bruce Taylor, City Clerk 016 NOTICE OF MOTION DATE: NOVEMBER 15, 2004 MOVED BY: SECONDED BY: COUNCILLOR PICKLES COUNCILLOR MCLEAN WHEREAS the Council of Great Lakes Govemors, a body that is comprised of the Premiers of Ontario and Quebec and the Governors of New York, Pennsylvania, Ohio, Indiana, Michigan, Illinois, Wisconsin and Minnesota, have as their Mission Statement that through the Council, Governors work collectively to ensure that the entire Great Lakes region is both economically sound and environmentally conscious in addressing today's problems and tomorrow's challenges; and WHEREAS the Council of Great Lakes Governors has produced a draft report entitles "Agreement for Annex 2001" which has the goal of protecting and restoring the Great Lakes; and WHEREAS many experts, including environmentalists, Native Leaders and elected people who believe that this Agreement will not protect the Great Lakes; and WHEREAS there has been a significant decrease in water levels that have impacted on commercial and recreational boat traffic and the ecological system of the Great Lakes which impacts on the lives of 40 million people; and WHEREAS any diversion of water from the Groat lakes basin will have a continued negative effect on the Great Lakes; and WHEREAS the Agreement for Annex 2001 is structured so that the power to make decisions over water withdrawals to the United States will lie with the Governors of the States only and not with the inclusion of the Premiers of the two Provinces; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby resolves that: The Prime Minister of Canada and the Premier of Ontario be requested to advocate that diversion of Great Lakes' waters not be allowed under the Agreement for Annex 2001 That the Council of Great Lakes Govemors be requested to strengthen the Agreement for Annex 2001 on the ability to divert any water from the Great Lakes. The present provision which allows the American States to overrule the Provinces of Ontario and Quebec be rejected and that a consensus of all parties on the Council of Great Lakes Governors be required before any water is allowed to be diverted. AND FURTHER THAT copies of this resolution be forwarded to: 017 · The Honourable Stephane Dion, Federal Minister of the Environment · The Honourable Ruben John Efford, Federal Minister of Natural Resources · The Honourable Geoff Regan, Federal Minister of Fisheries and Oceans · The Honourable Leona Dombrowsky, Provincial Minister of the Environment · The Honourable David Ramsey, Provincial Minister of Natural Resources · Mark Holland, MP, Ajax-Pickering · Dan McTeague, MP, Pickering-Scarborough East · Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge CARRIED: Btaylor:Notices of Motion:Great Lakes Water Diversion MAYOR