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Home My WebLink AboutSeptember 15, 2008 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers PRESENT: Mayor David Ryan COUNCillORS: D. Dickerson B. Littley B. McLean J. O'Connell D. Pickles ABSENT: R. Johnson - Federal Business ALSO PRESENT: E. Buntsma N. Carroll T. Melymuk G. Paterson D. Wilcox D. Shields - Director, Operations & Emergency Services - Director, Planning & Development - Director, Office of Sustainability - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk Prior to the start of the formal part of the meeting, Mayor Ryan read out a statement from Councillor Johnson with respect to his candidacy in the upcoming Federal election. (I) INVOCATION Mayor Ryan called the meeting to order and led Council In the saying of the Invocation. (II) ADOPTION OF MINUTES Resolution # 161/08 Moved by Councillor Dickerson Seconded by Councillor Littley In Camera Council Minutes, July 14, 2008 Council Meeting Minutes, July 14,2008 1 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers Special Planning & Development Committee Minutes, August 18, 2008 Planning & Development Committee Minutes, September 2, 2008 Special Council Meeting Minutes, September 8, 2008 In Camera Council Minutes, September 8, 2008 Executive Committee Minutes, September 8, 2008 CARRIED (III) PRESENTATIONS 1. Presentation of Heritage Plaque - Willson House Designation of 1505 Whitevale Road, under the Ontario Heritage Act Pamela Fuselli & Robert Newey Mayor Ryan, Councillor Pickles and Jim Simpson, Chair of Heritage Pickering presented a Heritage Designation Plaque to Pamela Fuselli and Robert Newey for their heritage designated house at 1505 Whitevale Road under the Ontario Heritage Act. 2. Presentation of 2008 Pawsitive Partners Awards To representatives of . Pet Valu . Millennium City Veterinary Hospital . Pet Smart . Ministry of Natural Resources . Durham Reqional Police Mayor Ryan and Councillor McLean presented awards to representatives of Pet Valu, Millennium City Veterinary Hospital, Pet Smart, Ministry of Natural Resources and Durham Regional Police who have created a partnership with the City of Pickering's Animal Service Division and work together in assisting domestic and wildlife animals within Pickering. 3. Presentation of Certificates Adopt-a-Park, Beechlawn Park Annette Mcintosh, Fairfield-Beechlawn Neighbourhood Assc. Village East Park Alvin Adams, Durham Educational Mentoring Program Bonita Park 2 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers Raveena Rajasingham, Tamil Cultural and Academic Society of Durham Chantel Whittaker outlined the Adopt a Park Program and presented certificates to Fairfield-Beechlawn Neighbourhood Association, Durham Education Mentoring Program and Tamil Cultural and Academic Society of Durham for supporting the adopt-a-park program and adopting Beechlawn Park, Village East Park and Bonita Park. (IV) DELEGATIONS Resolution # 162-08 Moved by Councillor McLean Seconded by Councillor O'Connell That the rules of procedure be suspended in order to add a delegation to the agenda. MOTION DEFEATED ON A RECORDED VOTE YES NO Councillor McLean Councillor O'Connell Councillor Dickerson Councillor Littley Councillor Pickles Mayor Ryan Resolution # 163-08 Moved by Councillor McLean Seconded by Councillor O'Connell That the Chair be challenged on the requirement to suspend the rules of procedure for adding a delegation to the agenda. MOTION DEFEATED ON A RECORDED VOTE 3 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers YES NO Councillor McLean Councillor O'Connell Councillor Dickerson Councillor Littley Councillor Pickles Mayor Ryan 1. Regional Chair Roger Anderson Region of Durham Re: Annual Address to the City of Pickerinq Resolution # 164-08 Moved by Councillor Dickerson Seconded by Councillor Littley That the rules of procedure be suspended in order to extend the delegation time. CARRIED Roger Anderson, Regional Chair for the Regional Municipality of Durham appeared before Council to give his annual address to the City of Pickering. Mr. Anderson noted that for the past two years the Region's key objectives have been on implementing a waste management strategy and increasing diversion rates. Also in 2008 a recurring theme has been accommodating growth in the Region and that there is an adequate supply of future employment lands protected for the future. Mr. Anderson noted that there was a need to attract new higher-order jobs to the Region and in order to attract those jobs, the Region continues to promote four key sectors: energy, advanced manufacturing, agri-business and tourism. 2. Peter Rodrigues Director, Planning & Development Report PD 35-08 Seaton Neighbourhood Planning Program -Terms of Reference -Collaborative Study Manaqement Peter Rodrigues appeared before Council in opposition to the development in Seaton and the proposed development of the area. Mr. Rodrigues noted that the development is primarily based on amount of land to be developed. He questioned how many acres would be consumed for housing and how many acres would need to be consumed for roads, schools, parking lots and other consequential additions. He noted there is no energy buildings and feels jobs will be consumed by other GTA 4 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers residents. He stated that if you want high density, then build apartments and townhouse and that would reduce the environmental impacts and loss of valuable farmlands. He stated that public engagement and consultation is a good idea but feels like the City is just going through the motions and really doesn't listen to public suggestions. Mr. Rodrigues is concerned that the developers are running the show and requested that Council stand strong for Seaton, City of Pickering residents and taxpayers. 3. Gordon Willson Director, Planning & Development Report PD 35-08 Seaton Neighbourhood Planning Program -Terms of Reference -Collaborative Study Manaqement Gordon Willson appeared before Council and stated that he felt everyone was not on the same page either in interpretation, in degree of application or in spirit for the Seaton lands. Mr. Willson noted that he felt the Seaton Terms of Reference should be strengthened and stated with greater conviction. He noted that he feels there are no real rules to keep as much heritage as possible. He stated that he would like the following item included in the Terms of Reference as (g) to item 11; "ensure arterial road system alignments respect cultural heritage structures and landscape features; e.g. adjust alignment of the proposed new 26th Sideline at historic Whitevale Road to skirt, preferably to the east, around the Mount Pleasant, the William Major and Pennybank homes". He feels Provincial Standards and codes are not sufficiently up- to-speed to embrace the new emerging imperative to better design and build more energy efficient, more sustainable communities, that really embrace the idea of conservation and sustainability with much higher compulsory standards. He feels that what he is seeing now in the planning of Seaton is not much better than what we see all around these days. Mr. Willson noted the Whitevale residents concerns regarding additional traffic through the community due to the development of Seaton and noted that Markham's 14th Avenue extension and the high bridge over the West Duffin Creek needed to be built before Seaton started. Mr. Willson noted that he did not oppose Seaton, only the process underway and does not support the Management Collaboration. He feels there needs to be greater public exposure and encouragement of public discussion. 5 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers ~) CORRESPONDENCE 1. CORR. 66-08 MAROL YN MORRISON OFFICE OF THE MAYOR TOWN OF CALEDON 6311 Old Church Road Caledon, ON L7C 1J6 Resolution # 165-08 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 66-08 from Marolyn Morrison, Mayor, Town of Caledon, seeking support from the City of Pickering with respect to a provincial public inquiry into the challenges facing municipalities from the implementation of provincial growth legislation be endorsed. CARRIED 2. CORR. 67-08 JOEL CARLETON TOWNSHIP OF HILLIARD R.R. 3, Box 8 Thornloe, ON POJ 1 SO Resolution # 166-08 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 67-08 from Joel Carleton, Township of Hilliard, requesting the City of Pickering endorse the Township of Hilliard's resolution with respect to the licensing of Zenn electric cars in the Province of Ontario be endorsed. CARRIED 3. CORR. 68-08 AFSAR NAQVI PAST PRESIDENT ROTARY CLUB OF PICKERING Box 7 Pickerinq, ON L 1V 2R2 6 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers Resolution # 167-08 Moved by Councillor O'Connell Seconded by Councillor Dickerson 1. That CORR. 68-08 from Afsar Naqvi, Past President, Rotary Club of Pickering, expressing their thanks to the Mayor and Members of Council for their help with the Ribfest held at the Esplanade Park on June 6, 7, and 8th, 2008 be received; and 2. Further, that the Rotary Club of Pickering endorse and support the Ribfest to be held on June 5 - 7, 2009 at the Esplanade Park. CARRIED 4. CORR. 69-08 DANIEL MASKETT Resolution # 168-08 Moved by Councillor O'Connell Seconded by Councillor Littley That CORR. 69-08 from Daniel Maskell, requesting support for the placement of banners in the City of Pickering to show support for our troops be received as information and that staff be asked to investigate the request in more detail. CARRIED 5. CORR. 70-08 ROBERT D. HOWE GOODMANS BARRISTERS & SOLICITORS 250 Yonge St., Suite 2400 Toronto. ON M5B 2M6 Resolution # 169-08 Moved by Councillor Dickerson Seconded by Councillor Littley 1. That CORR. 70-08 from Robert D. Howe, Goodmans, Barristers & Solicitors with respect to deferring the matter of the Seaton Neighbourhood Planning Program Terms of Reference be received for information; and 7 Ciilf 0# Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers 2. That Report PD 35-08 of the Director, Planning & Development (Item #2 of PD 2008-08) be referred to the October 20, 2008 meeting of Council. CARRIED 6. CORR. 71-08 RESIDENTS LETTERS FAIRPORT ROAD TRAFFIC CALMING Resolution # 170-08 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 71-08 from the following Pickering residents expressing their opposition to the proposed plan for traffic calming on Fairport Road: Barry Axford, P. Jorken, Glenda Magula; Steve Moore, Mark Sinclair, Maria Forchia, Li Lishingman, Rose Sinclair be referred to the Director, Operations & Emergency Services to report. CARRIED 7. CORR. 72-08 CARON MURRAY 1864 Falconwood Way Pickerinq, ON L 1V 7C3 Resolution # 171-08 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 72-08 from Caron Murray and Eric Bell in support of the traffic calming proposal for Fairport Road, Pickering be referred to the Director, Operations & Emergency Services to report. CARRIED 8 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers 8. CORR. 73-08 P.M. MADILL, REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby, ON L 1 N 6A3 Resolution # 172-08 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 73-08 from P.M. Madill, Regional Clerk, Region of Durham, providing copies of the Regional Tree By-law brochure, the "Good Forestry Practices Permit Application" and the "Clear Cutting Permit Application" forms be received for information. CARRIED 9. CORR. 74-08 MARK HOLLAND MP - AJAX-PICKERING 92 Church St. S., Suite 106 Ajax, ON L 1 S 6B4 Resolution # 173-08 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 74-08 from Mark Holland, MP for Ajax-Pickering, requesting support in restoring representation equity on Durham Regional Council be received for information. YES MOTION DEFEATED ON A RECORDED VOTE [TIED AND LOST] NO Councillor Dickerson Councillor Pickles Mayor Ryan Councillor Littley Councillor McLean Councillor O'Connell 9 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers Resolution # 174-08 Moved by Councillor McLean Seconded by Councillor O'Connell That CORR. 74-08 from Mark Holland, MP for Ajax-Pickering, requesting support in restoring representation equity on Durham Regional Council be endorsed. MOTION CARRIED ON A RECORDED VOTE YES NO Councillor Littley Councillor McLean Councillor O'Connell Councillor Pickles Councillor Dickerson Mayor Ryan 10. CORR. 75-08 KARYN KENNEDY EXECUTIVE DIRECTOR BOOST CHILD ABUSE PREVENTION & INTERVENTION 890 Yonge St., 11th Floor Toronto, ON M4W 3P4 Resolution # 175-08 Moved by Councillor Pickles Seconded by Councillor Dickerson That CORR. 75-08 from Karyn Kennedy, Executive Director, Boost Child Abuse Prevention & Intervention requesting that the City of Pickering proclaim October, 2008 as "Child Abuse & Neglect Prevention Month" be proclaimed. CARRIED 11. CORR. 76-08 IVE BALlNS CROHN'S AND COLITIS FOUNDATION OF CANADA iba I i n s@strateqicobiectives.com 10 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers Resolution # 176-08 Moved by Councillor Pickles Seconded by Councillor Dickerson That CORR. 76-08 from Ive Balins, Strategic Objections, requesting that the City of Pickering proclaim November, 2008 as "Crohn's and Colitis Awareness Month" be proclaimed. CARRIED 12. CORR. 77-08 SID RYAN PRESIDENT, CUPE ONTARIO 305 Milner Ave., Suite 801 Scarborouqh, ON M1 B 3V4 Resolution # 177-08 Moved by Councillor Pickles Seconded by Councillor Dickerson That CORR. 77-08 from Sid Ryan, President, CUPE Ontario, requesting that the City of Pickering proclaim October 22,2008 as "Child Care Worker & Early Childhood Educator Appreciation Day" be proclaimed. CARRIED 13. CORR. 78-08 SONNY ALLINSON MANAGER, COMMUNICATIONS AND MARKETING CANADIAN KENNEL CLUB 200 Ronson Dr., Suite 400 Etobicoke, ON M9W 5Z9 Resolution # 178-08 Moved by Councillor Pickles Seconded by Councillor Dickerson 11 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers That CORR. 78-08 from Sonny Allinson, Manager, Communications & Marketing, Canadian Kennel Club, requesting that the City of Pickering proclaim September 20- 27, 2008 as "National Responsible Dog Ownership Week" be proclaimed. CARRI ED 14. CORR. 79-08 DON HEAD CORRECTIONAL SERVICE CANADA Resolution # 179-08 Moved by Councillor Pickles Seconded by Councillor Dickerson That CORR. 79-08 received from Don Head, Correctional Service Canada, requesting that the City of Pickering proclaim November 16-23, 2008 as "Restorative Justice Week 2008" be proclaimed. CARRIED 15. CORR. 80-08 856 Pickering Kinsmen Air Cadet Squadron P. O. Box 345. Pickerinq, ON Resolution # 180-08 Moved by Councillor Dickerson Seconded by Councillor Pickles That CORR. 80-08, being a proclamation for the "Freedom of the City" to the 856 Pickering Kinsmen Air Cadet Squadron be endorsed and that the Mayor's office take the appropriate action to initiate the formal ceremony in this regard. CARRIED (V) COMMITTEE REPORTS a) REPORT PO 2008-08 OF THE PLANNING & DEVELOPMENT COMMITTEE 12 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers 1. Director, Planning and Development, Report PO 28-08 Drektor Realty Corp. Plan of Subdivision 40M-1771 Bramalea Inc. Plan of Subdivision 40M-181 0 Gossamer Hills Inc. Dixie Woods Estates Limited Plan of Subdivision 40M-1811 Finchrose Development Corporation Plan of Subdivision 40M-1819 Brancato Construction Co. Ltd. Plan of Subdivision 40M-1823 836930 Ontario Inc. Plan of Subdivision 40M-1832 Sopta, Predrag/Sopta, Jozo 956414 Ontario Limited Plan of Subdivision 40M-1836 Final Assumption of Plans of Subdivision COUNCIL DECISION 1. That Report PO 28-08 of the Director, Planning & Development regarding the Final Assumption of Plans of Subdivision 40M-1771, 40M-1810, 40M-1811, 40M-1819, 40M-1823, 40M-1832 and 40M-1836 be received; 2. That the highways being Hadrian Court, Maple Hill Court, Conacher Crescent, Southcott Road, Canterbury Crescent and Abbott Crescent within Plan 40M-1771 be assumed for public use; 3. That the highways being Autumn Crescent, Pineview Lane, Foxwood Trail, White Cedar Drive, Silver Maple Drive and Stroud's Lane within Plan 40M-1810 be assumed for public use; 4. That the highways being Gossamer Drive and Pine Glen Drive within Plan 40M-1811 be assumed for public use; 13 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers 5. That the highway being Seguin Square within Plan 40M-1819 be assumed for public use; 6. That the highway being McLeod Crescent within Plan 40M-1823 be assumed for public use; 7. That the highways being White Cedar Drive and Silver Maple Drive within Plans 40M-1832 and 40M-1836 be assumed for public use; 8. That the services required by the Subdivision Agreements relating to Plans 40M-1771, 40M-1810, 40M-1811, 40M-1819, 40M-1823, 40M-1832 and 40M-1836, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Lots 62,113, Blocks 163,165,166,167, 171, 172 and 173, Plan 40M-1771; Lot 67, Blocks 166, 168, 174 to 177,182 and 183, Plan 40M-1810; Blocks 69 and 70, Plan 40M-1811; Blocks 54 and 55, Plan 40M-1819 and Block 64, Plan 40M-1832; 9. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1771, 40M-1810, 40M-1811, 40M-1819, 40M-1823, 40M-1832 and 40M-1836, save and except from Lot 67 and Block 166, Plan 40M-1810, be released and removed from title; 10. That Council enact a By-law to dedicate Blocks 169 and 170, Plan 40M-1771 as public highways; and 11. That Council enact a By-law to dedicate Block 45, Plan 40M-1836 as public highway. 2. Director, Planning and Development, Report PD 35-08 Seaton Neighbourhood Planning Program -Terms of Reference -Collaborative Study Manaqement COUNCIL DECISION 1. That Report PD 35-08, of the Director, Planning & Development, regarding the Seaton Neighbourhood Planning Program, be received; 14 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers 2. That the draft Terms of Reference for the Seaton Neighbourhood Planning Program which requires appropriate opportunity for public engagement and consultation, be endorsed, as set out in Appendix I, as amended as follows; Section 1.8 (Consultant Selection) - First paragraph to read: The consulting team shall include in their proposal a section on Conflict of Interest. This section shall contain information respecting disclosure of possible conflict of interest, including any business, financial or other interest respecting the lands, owners/developers of the Seaton lands, or prospective owners/developers of the Seaton lands. Appendix A, Section 1 (d) identification of detailed community facility requirements including but not limited to municipal facilities, and such other facilities as elementary and secondary schools and places of workship; and Appendix A, Section 3 (a) beginning with the first residential neighbourhood and employment lands along the 407 corridor, facilitating the early introduction of transit services, alternative transportation facilities and retail and service uses to accommodate residents' needs. Appendix A, Section 5 (e) Requiring the commencement of the development of the employment lands along the Highway 407 corridor prior to the commencement of the residential neighbourhoods. 3. That the collaborative management approach to the Seaton Neighbourhood Planning Program between the City of Pickering and the Seaton Landowner Group (North Pickering Development Management Inc.) be endorsed; 4. That, to formalize the collaborative management approach, the Mayor and the Clerk be authorized to enter into a Management Committee agreement with the Landowner Group that is consistent with the terms and conditions set out in Section 2.2 of this Report; 5. That the issuance of a Request for Proposals by the Seaton Landowner Group for the Seaton Neighbourhood Planning Program be advertised appropriately, authorized to the consulting firms listed below and any additional consulting firms wishing to submit a Request for Proposal, following the 'execution of the Management Committee agreement between the City and the Landowner Group: . Bousfields Inc. . Malone Given Parsons Ltd. 15 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers . Macaulay Shiomi Howson Ltd. . planningAlliance . Planning Partnership . Sorensen Gravely Lowes Planning Associates Inc. . Walker Nott Dragicevic Associates Limited . Weston Consulting Group Inc., and . Young Wright/ISI Group 6. That the following City staff be appointed to the Seaton Neighbourhood Planning Program Management Committee: the Director, Office of Sustainability; the Director, Planning & Development; and the Manager, Policy; 7. Further, that a copy of this Report and Council's resolution be forwarded to the Ministry of Municipal Affairs and Housing, the Ministry of Infrastructure and Energy, the Ontario Realty Corporation, the Region of Durham, the Toronto and Region Conservation Authority, the Trustee for the North Pickering Development Management Inc., and the Sernas Group (on behalf of the Landowner Group); and 8. That Council make the final decision on any matters regarding the Seaton Neighbourhood Planning Program and that City staff formally report to Council regularly for information, direction and endorsement as appropriate on the work of the Seato"n Neighbourhood Planning Program as it progresses. Resolution # 181-08 Moved by Councillor Dickerson Seconded by Councillor Pickles That the Report of the Planning and Development Committee PD 2008-08, dated September 2,2008, be adopted, save and except Item 2. CARRIED Item 2, being Report PD 35-08 of the Director, Planning & Development was referred to the October 20, 2008 meeting of Council earlier in the meeting. Refer to Resolution # 169/08. 16 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers b) REPORT EC 2008-06 OF THE EXECUTIVE COMMITTEE 1. Director, Corporate Services & Treasurer, Report CS 22-08 APTA Wrap-up - Financial Implications COUNCIL DECISION 1. That Report CS 22-08 of the Director, Corporate Services & Treasurer be received; 2. That Council authorize the Director, Corporate Services & Treasurer (Treasurer of APT A) to close the accounting books of APT A in the manner indicated in this report, or as may be satisfactory to the Treasurer and proceed with closing APTA's bank account once all final entries are settled; 3. That Council terminate the Merger Agreement dated August 8, 2001 between Pickering and Ajax with regard to Transit Services to officially dissolve APTA; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 2. Director, Corporate Services & Treasurer, Report CS 23-08 APT A Wrap-up - City's Financial Implications COUNCIL DECISION 1. That Report CS 23-08 of the Director, Corporate Services & Treasurer be received; 2. That Council authorize the Director, Corporate Services & Treasurer to settle all financial matters between APT A and the City of Pickering in the manner indicated in this report, or as may be satisfactory to the Treasurer; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 3. Director, Corporate Services & Treasurer, Report CS 35-08 Formal Quotations - Quarterly Report for Information COUNCIL DECISION 17 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers That Report CS 35-08 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. 4. Director, Corporate Services & Treasurer, Report CS 37-08 Implementation of Frenchman's Bay - West Shore Neiqhbourhood Watch COUNCIL DECISION 1. That the letter from the Durham Regional Police Service dated July 7, 2008 endorsing the establishment of the Frenchman's Bay-West Shore Neighbourhood Watch, Pickering be received; and, 2. That the Council of the Corporation of the City of Pickering hereby endorse the Frenchman's Bay-West Shore Neighbourhood Watch, Pickering and approves the installation of Neighbourhood Watch signs at the entrances to the subject area. 5. Director, Corporate Services & Treasurer, Report CS 38-08 Municipal Performance Measurement Program - Provincially Mandated Public Reportinq of Performance Measures COUNCIL DECISION That Report CS 38-08 of the Director, Corporate Services & Treasurer be received for information. 6. Director, Corporate Services & Treasurer, Report CS 39-08 2008 Final Tax Due Dates for Commercial, Industrial, and Multi-Residential Realty Tax Classes COUNCIL DECISION 1. That Report CS 39-08 of the Director, Corporate Services & Treasurer be received; 2. That the Director, Corporate Services & Treasurer be authorized to issue the final 2008 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of October 15th, 2008; 3. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in 18 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers order to ensure the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 7. Director, Corporate Services & Treasurer, Report CS 41-08 Cash Position Report as at June 30, 2008 COUNCIL DECISION That Report CS 41-08 of the Director, Corporate Services & Treasurer be received for information. 8. Director, Operations & Emergency Services, Report OES 25-08 Tennis Court Roof Replacement - Pickering Recreation Complex -Tender No. T-15-08 COUNCIL DECISION 1. That Tender Report T-15-2008 regarding the Tennis Court Roof Replacement - Pickering Recreation Complex be received; 2. That Tender T-15-2008 submitted by Triumph Aluminum and Sheet Metal Inc., at a cost of $184,590.00 (GST and PST included) be accepted; 3. That the cost of providing a 25 year warranty as noted above, in the amount of $5,716.36 (GST included) be added to the contract; 4. That the total gross project cost of $215,505.36 (GST included) and a net project cost of $205,243.20 including the tender amount and other associated costs be approved; 5. That Council Authorize the Director, Corporate Services and Treasurer to finance the project as follows; a) the sum of $100,000.00, as provided for in the 2007 approved Capital Budget, to be financed by the issue of debentures through the Regional Municipality of Durham, over a period not exceeding (5) five years, at a rate to be determined; 19 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers b) the additional sum of up to $105,000.00, as provided for in the 2008 approved Capital Budget to be financed by the issue of debentures through the Regional Municipality of Durham, over a period not exceeding (5) five years, at a rate to be determined; c) the balance amount of $243.20 to be funded from the 2008 Current Budget; d) the annual repayment charges in the amount of approximately $46,700.00 included in the annual Current Budget for the City of Pickering commencing in 2009, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; e) the Director, Corporate Services & Treasurer has updated the City's 2008 Annual Repayment Limit and certified that his loan and the repayment thereof falls within the City's Annual Repayment Limit for debt and financial obligations, as established by the Province for municipalities in Ontario and would not cause the City to exceed the updated Limit, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization; f) The Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Resolution # 182-08 Moved by Councillor Dickerson Seconded by Councillor Pickles That the Report of the Executive Committee EC 2008-06, dated September 8, 2008, be adopted. CARRIED (VI) REPORTS - NEW AND UNFINISHED BUSINESS 1. Director, Planning & Development Report PO 38-08 Zoning By-law Amendment Application A 13/08 1410967 Ontario Inc. 1866 Liverpool Road (Lot 22, Plan 492) City of Pickerinq Resolution # 183-08 20 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers Moved by Councillor O'Connell Seconded by Councillor Littley 1. That Zoning By-law amendment application A 13/08 submitted by 1410967 Ontario Inc., on lands being Lot 22, Plan 492, City of Pickering, to amend the zoning of the subject property to permit the development of a business office, professional office, and a veterinary clinic, in addition to the currently permitted residential use be approved as outlined in Appendix I to Report PO 38-08; and 2. Further, that the amending Zoning by-law to implement Zoning By-law Amendment Application A 13/08, as set out in Appendix II to Report PO 38-08 be enacted by City Council. CARRIED 2. Director, Operations & Emergency Services Report OES 26-08 Supply & Delivery of Tractor and Ditch Bank Mower Resolution # 184-08 Moved by Councillor Littley Seconded by Councillor Dickerson 1. That Report OES 26-08 of the Director, Operations & Emergency Services regarding the Supply and Delivery of one (1) tractor and ditch bank mower be received; 2. That Quotation No. Q57-2008, as submitted by Greendale & Utica Farm Equipment for the supply and delivery of one (1) tractor and ditch bank mower in the amount of $129,449.41 (PST and GST included) be accepted; 3. That the total gross purchase cost of $129,449.41 and net purchase cost of $123,721.56 be approved; 4. That the Council of the City of Pickering authorize the Director, Corporate Services & Treasurer to finance the amount of $120,500 from property taxes as approved in the 2008 Capital Budget; 5. That the over expenditure of $3,221.56 be financed from property taxes; and 21 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers 6. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. CARRIED 3. Director, Operations & Emergency Services, OES 27-08 Tender T -16-2008 Tender for Sideline 4, Concession 5 to Highway 7 Phase I - Road Reconstruction Resolution # 185-08 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES-27 -08 regarding the City Road Reconstruction for Sideline 4, Concession 5 to Highway 7 - Phase I be received; 2. That Tender T-16-2008 submitted by Miller Paving Limited. for the City Road Reconstruction for Sideline 4 at a cost of $516,114.95 (GST included) be accepted; 3. That the total gross project cost of $577,500 (GST included) including the tender amount and other associated costs and the total net project cost of $550,000 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) that the sum of $427,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years, at a rate to be determined; b) that the sum of $122,650 be funded from the Development Charges Roads and Related Reserve Fund; c) that the balance of $350 be funded from the 2008 Current Budget; d) that the annual repayment charges in the amount of approximately $55,300 be included in the annual Current Budget for the City of Pickering commencing in 2009, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; 22 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers e) the Director, Corporate Services & Treasurer has updated the City's 2008 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit (Limit) for debt and financial obligations, as established by the Province for municipalities in Ontario, and would not cause the City to exceed the updated Limit, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization; f) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. That the draft by-law attached to this report be enacted; 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED 4. Director, Operations & Emergency Services, OES 30-08 Application for Grant Funding -Municipal Eco-Challenge Fund -Standard and Show case Proqrams, Pickerinq Recreation Complex Resolution # 186-08 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES 30-08 of the Director, Operations & Emergency Services be received; 2. That Council endorse the concept of submitting a grant application to the Municipal Eco-Challenge Fund for various standard retrofit programs and a showcase program at the Pickering Recreation Complex; and 3. That staff continue to review the Energy Audit prepared by LB. Storey and report back to Council during the 2009 budget process. CARRIED 23 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers (VIII) BY-LAWS 6887/08 6888/08 6889/08 6890/08 6891/08 6892/08 6893/08 6894/08 6895/08 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Lot 22, Plan 492, in the City of Pickering. Being a by-law to dedicate Blocks 169 and 170, Plan 40M-1771 as public highways. Being a by-law to dedicate Block 45, Plan 40M-1836 as public highway. Being a by-law of the Corporation of the City of Pickering to establish the 2008 Final Property Taxes and Due Date for the Commercial Industrial and Multi- Residential Tax Classes Being a by-law to authorize the Tennis Court Roof Replacement - Pickering Recreation Complex in the City of Pickering and the issuance of debentures therefor in the amount of $205,000. Being a by-law to dedicate Part of Lot 124, Registrar's Compiled Plan 816, Pickering, designated as Part 4, Plan 40R-25484 as public highway (Old Forest Road) Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions in private property Being a by-law to exempt those parts of Block Y, Plan M-16, Pickering, designated as Parts 1 to 121, both inclusive and Parts 126 to 256, both inclusive, Plan 40R-XXX from the part lot control provisions of the Planning Act. Being a by-law to authorize the City Road Reconstruction for Sideline 4, Concession 5 to Highway 7 -Phase 1 in the City of Pickering and the issuance of debentures therefor in the amount of $427,000. THIRD READING: Councillor Dickerson, seconded by Councillor Pickles moved that By-law Numbers 6887/08 to 6895/08, be adopted, and the said by-laws be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED 24 Council Meeting Minutes Monday, September 15,2008 7:30 PM Council Chambers (IX) OTHER BUSINESS 1. Councillor McLean requested that staff complete a zoning by-law review, especially in relation to home based businesses. Moved by Councillor McLean Seconded by Councillor O'Connell That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of the receiving of advice that is subject to solicitor client privilege, including communications necessary for that purpose. (X) CONFIDENTIAL MATTERS a) Confidential Memorandum from the City Solicitor to the Chief Administrative Officer dated September 8.2008 with respect to R v. Tenant A confidential discussion ensued on this matter. Moved by Councillor McLean Seconded by Councillor Dickerson That Council rise from the In Camera portion of the meeting. CARRIED Moved by Councillor McLean Seconded by Councillor O'Connell That a Special In Camera meeting of Council be held on Monday, September 29, 2008 for the purpose of receiving comments from the City Solicitor in relation to his confidential memorandum concerning R v. Tennant. CARRIED 25 Council Meeting Minutes Monday, September 15, 2008 7:30 PM Council Chambers (XI) CONFIRMATION BY-LAW By-law Number # 6896/08 Councillor Dickerson, seconded by Councillor Littley, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of September 15, 2008. CARRIED (XI) ADJOURNMENT The meeting adjourned at 10:46 pm. DATED this 15th day of September, 2008 ~h.'~ (0P('W DEBI A. WI COX CITY CLERK 26