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HomeMy WebLinkAboutSeptember 21, 2009 Council Meeting Minutes Monday, September 21, 2009 MCXERINLG 7:30 PM Council Chambers PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. J.. Quinn - Chief Administrative Officer T. Melymuk - (Acting) Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services N. Carroll. - Director, Planning & Development - G. Paterson - Director, Corporate Services & Treasurer D. Wilcox - City Clerk R. Holborn - Division Head, Municipal Property & Engineering G. McGregor - Principal Planner - Policy D. Shields - Deputy Clerk (1) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST No disclosures of interest were noted. (III) ADOPTION OF MINUTES Resolution #186/09 Moved by Councillor Johnson Seconded by Councillor McLean 1 Cirq o~ _ Council Meeting Minutes _ Monday, September 21, 2009 FICKEM 7:30 PM Council Chambers Council Minutes, July 13, 2009. In Camera Special Council Minutes, September 8, 2009 Planning & Development Committee Minutes, September 8, 2009 In Camera Executive Committee Minutes, September 14, 2009 Executive Committee Minutes, September 14, 2009 CARRIED (IV) PRESENTATIONS 1 Mayor Ryan Re: Presentation of Certificate of Commendation From the Governor General of Canada to Mr. Vince Rizza in Recognition of his Rescue of a man from a smoke-filled house in Pickering Mayor Ryan presented the Governor General of Canada Certificate of Commendation to Vince Rizza in recognition.of his rescue of a man from a smoke-filled house in Pickering. (V) DELEGATIONS 1. Melville D'Mello Ajax Pickering Road Watch Committee Re: Statistical Update & Committee Achievements Melville D'Mello, Chairman of the Ajax Pickering Road Watch Committee appeared before Council to update the City of Pickering on the Road Watch Program and its achievements. Mr. D'Mello stated that their key mandate was to reduce collisions and fatalities.within the Community. He noted that the program was a complete citizen volunteer program which has been a great success. He thanked the City of Pickering and the Durham Region Police for their continual assistance and support of the program. 2. Bonnie Harkness, Executive Director Kevin Modeste, Campaign Chair Jenn Meyer, Resource Development Manager Barb Fanin, Community Investment Coordinator United Way of Ajax-Pickering-Uxbridge Re: 2009 Campaign and Community Need Kevin Modeste, Campaign Chair of United Way of Ajax-Pickering-Uxbridge appeared before Council to update the City of Pickering on the 2009 Campaign and highlight 2 Ciro 04 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers i Community needs and initiatives. Mr. Modeste stated that approximately 50 agencies and programs used the United Way and requested that Council consider approving an increase in the contribution the City gives to the United Way by calculating the grant increase indexed to the cost of living per annum. Mr. Modeste thanked the City of Pickering for their continued support to the United Way. 3. Michael Angemeer, President and CEO Glenn Rainbird, O.C.; Chair Veridian Corporation Re: Annual Shareholder Update Michael Angemeer and Glenn Rainbird of Veridian Corporation appeared before Council to give their annual shareholder update. They were pleased to report.that Veridian's financial situation was continually growing and noted that they were one of the top profitable utilities in the Province. They stated that there had been no new. debt incurred and their credit rating was rated A Stable. They also stated they were designated one of the top 75 employers in the area and had a great safety record. Mr. . Angemeer and Mr. Rainbird invited Council to Veridian Corporation's 101h Anniversary .celebration in November. 4. Michael J. McQuaid WeirFoulds LLP Re: Chief Administrative Officer, Report CAO 05-09 and Addendum to Report CAO 05-09 Seaton Neighbourhood Planning Program Michael McQuaid of Weir Foulds appeared before Council and noted his support regarding Chief Administrative Officer, Report CAO 05-09 and Addendum to Report CAO 05-09. 5. Re: Notice of Motion Item IX) a) and b) York Durham Odour Control Facility Maurice Brenner, 711 Sunbird Trail, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. Mr. Brenner stated that York Region and Durham Region have a responsibility to treat Pickering fairly and make sure Pickering residents' quality of life is good. He stated that through this whole process York and Durham failed to look at the impact the Odour Control Facility would have on Pickering residents. He noted that York Region is not listening to Pickering's concerns and that if they fixed the existing system and looked at conservation initiatives they wouldn't even need a new pipe line. He noted that Pickering residents are looking for Council to take a leadership role'and tell York Region that Pickering is not going to take it anymore and Pickering residents are not going to accept the impact the pipeline 3 i Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers will have on their lives. He also stated that City Council needs to make sure the residents in their Community are protected. A question and answer period ensued. Peter Rodrigues, 750 Whitevale Road, Locust Hill, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. He stated that he felt Pickering residents have been ignored through the whole process and noted that Pickering residents opposed the facility being moved to the west side of the road, but it made no difference as it was moved anyway. He noted Pickering residents oppose. the expropriation of their lands and stated that Pickering residents are not willing hosts to this project. He felt that residents had not been properly engaged in the consultation process and also felt that residents had no say in the process and have just been told what is going to happen. Mr. Rodrigues stated that the Ministry of Environment needs to be told that Pickering is not in agreement with what York Region wants to do. A question and answer period ensued. Marilyn Metcalfe, 1462 Finch Avenue, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. She noted that during this process she felt York Region had not listened to Pickering resident concerns which included health risks, water losses, land values being decreased and serious potential harm to the environment and Lake Ontario. She stated that she objects to York Region expropriating her property. She noted that at public information meetings put on by York Region, a number of times the wrong information was in front of them. Ms. Metcalfe requested Council to take every legal effort possible to force York Region to be accountable, responsible and sustainable and requested Council to put the brakes on this sugar coated steam roller. A question and answer period ensued. i Council took a recess at 10:10 pm. and resumed the meeting at 10:30 pm. Dan Murphy; 895 Baylawn Drive, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. Mr. Murphy stated the proposed Shaft 4 was his new neighbor. He noted that he did not approve of the consultation process throughout this entire project and feels that it has not been complete and that, the Environmental Assessment area should have been expanded. Mr. Murphy also noted his concern with whether the fans would really work and if they broke down or had to be shut down for maintenance where would the gases go and how it would be handled. He requested that Council stop or postpone the process until proper consultation has been completed and additional information can be obtained. 4 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers A question and answer period ensued. Moved by Councillor O'Connell Seconded by Councillor McLean That the City Clerk take the necessary action to set up the City computer equipment in the Council Chambers for the purpose of allowing the delegation of Peter Hermann to make a powerpoint presentation and further, that the delegation of Mr. Hermann be deferred for 15 minutes to allow.for this. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Johnson Councillor Dickerson Councillor Littley Councillor McLean Councillor O'Connell. Councillor Pickles Mayor Ryan Rhonda Mendes, 218 Davidson Street, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. She advised that she felt a number of meetings on this matter had been held by York Region in private and expressed concern that a website containing information related to this matter was closed on February 2009 and now there is a new site, with the old information no longer available. She further advised that she did not feel that York Region had fulfilled the terms of the legal agreement with the City. A question and answer period ensued. Peter Herrmann, 264 Davidson Street, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. With the aid of a powerpoint presentation he outlined his concerns, noting that there was benefits of merging the metering site with the OCT at Cherrywood. He advised that there would be no duplication of maintenance, would eliminate community risk and there would be cost savings. He further stated that there was no details of the fail safe technology, noting the fan technology was not proven. A question and answer period ensued. 5 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers Betty Burkholder, R.R.#2, Pickering, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. She noted that the pipe passes right through prime farm land and is concerned with what it will do to the land and also the wells in the area. She stated there is no details on how the sewage gases will affect the air and also noted that she might have some of her land expropriated also. Ms. Burkholder stated that she can smell sewer odours now from the existing Odour Control Facility: A question and answer period ensued. Barb Findlay, 1588 Saugeen Drive, appeared before Council-in opposition to the York/Durham pipeline and Odour Control Facility. She stated that she felt York Region was treating them like second class citizens and has felt through the whole process that public consultation meetings were inconveniently planned so no one could/would show up by having them in rural locations and during the summer. She noted that there is no proof that the Odour Facility works. She also noted her concerns regarding health risks, water loss, land values being decreased and serious potential harm to the environment and Lake Ontario. Ms. Findlay stated that she wants York Region to tell Pickering that the Odour Control Facility and fans will have zero impact on Pickering residents and also stated that York Region must be forced into doing a true public consultation process. A question and answer period ensued. Sharon Cruise, 1045 Rathmore Crescent, appeared before Council in opposition to the York/Durham pipeline and Odour. Control Facility. Ms. Cruise stated that she felt this whole process has been a disaster from the beginning and stated that most of the Pickering residents reside south of Finch and were not included in the study area but will definitely be affected by this. She stated that residents have not been adequately notified and felt that by moving the facility from one side of the street to the other was an insult to Pickering. Ms. Cruise stated that Pickering should not have to put up with this facility. A question and answer period ensued. Brian Berndt , 914 Duncannon Drive, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. Mr. Berndt stated that he is appalled at how this whole process has been conducted and concerned with how the pipeline and Odour Control Facility will affect Pickering. A question and answer period ensued. 6 Ctcy o~ _ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers Moved by Councillor O'Connell Seconded by Councillor McLean That the rules of procedure be suspended in order to allow for the following delegations. Carla Thomas Devi Gopalan Jim Robb CARRIED Carla Thomas, 349 Sparrow Circle, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. She noted that York Region should be made to take the pipeline and Odour Control Facility and move it deep into York Region. She stated that she can't be that York Region moved the facility from one side of the street to the other and felt that was an enormous insult to Pickering. She stated that she was concerned with the gases and smells and how it will affect Pickering residents, the environment and nature. She noted that if York Region feels there is no risk involved then they should build it in York Region. A question and answer period ensued. Devi Gopalan, 633 Sunbird Trail, appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. She stated that York Region has. not done a proper public consultation and noted that they have basically just told Pickering this is the way it's going to be done. She stated that there has been numerous complaints about the smells of the existing facility. She noted that Pickering does have the legs for a legal action and that Pickering needs to act now. A question and answer period ensued. Jim Robb of the Rouge Duffins Greenspace Coalition appeared before Council in opposition to the York/Durham pipeline and Odour Control Facility. Mr. Robb noted that York Region had circumvented the whole EA process and Pickering residents have not been properly notified. He also noted that the odour issue should not be the main concern; it should also be what is going into the lake and noted that the sewage treatment plant does not do a complete job on treating waste. Mr. Robb stated that York Region should correct the problems with the existing pipeline so that ground water does not go into the pipe and if they did that they probably would not need a new pipe. He stated that Pickering needed to act now and obtain legal advice. A question and answer period ensued. 7 Citq v~ _ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers Moved by Councillor O'Connell I Seconded by,Councillor McLean That the rules of procedure be suspended in order to change the order of business whereas Motions and Notices of Motion be 'placed after the delegations on the agenda. CARRIED ON A 2/3 MAJORITY VOTE Council took a recess at 2:10 am. and resumed the meeting at 2:25 am. (VI) MOTIONS & NOTICES OF MOTION a) YORK/DURHAM ODOUR CONTROL FACILITY Resolution #187/09 Moved by Councillor O'Connell Seconded by Councillor McLean WHEREAS the Region.of York has recommended. a site under the Environmental Assessment. Act to construct an Odour Control Facility (OCF) on the York/Durham Townline south of Concession 5; and WHEREAS the Region of Durham has passed by unanimous vote that the OCF be moved out of Durham; and WHEREAS while recommending the construction of the OCF to the West Side of the York/Durham Town Line the Region of York has failed to address the impacts.that the OFC on the Pickering community and has failed to address both the location and impacts . of the proposed infrastructure fans with=in boundaries of Durham and specifically the urban envelope of Pickering; and WHEREAS the recommended location for the OCF and its infrastructures will negatively impact the sustainability of Pickering and its residents; and WHEREAS the City of Pickering is opposed to any, location and its infrastructure where it continues to impact Pickering residents and our sustainability, and 8 CitNq 4 _ Council Meeting Minutes s' Monday, September 21, 2009 7:30 PM Council Chambers WHEREAS residents of Pickering have raised concerns through petition, letters and . presentations opposing any facility that may impact their quality of life, social, environmental and economic; and WHEREAS in bringing forward their recommended location for.the. OCF, York Region failed to consult and seek input from impacted community members; and WHEREAS the Region of York failed to expand it's study area for the purpose of consultation to include additional communities who may be impacted by the OCF and it's supporting infrastructure; and WHEREAS prior to submitting its final recommendations, the residents of Pickering, through their Elected Officials at the City level and the Regional level where not afforded an opportunity to discuss and comment, on the what York Region was recommending; and WHEREAS the recommended route. and location of the OCF fails to address the concerns raised by the Rouge Park Alliance, which the City of Pickering and Durham Region are both members of. As well the concerns raised by the City of Toronto have also yet to be addressed; and WHEREAS York Region entered into a Memorandum of Understanding (MOU) to recognized the need for all parties to act in the interest of their respective Municipalities; and WHEREAS by entering into this MOU, York Region committed to the following: Well mitigation for Pickering residents and compensation for adverse impacts • Full and timely communication with residents on all project issues Restoration and/or resurfacing of local roads damaged during construction . • Landscaped and enhanced lands in permanent shaft locations • Realignment and enhancements to the Waterfront Trail within the limits of the Duffin Creek Water Pollution Control Plant, and WHEREAS York Region has failed. to fulfill the conditions and intent of the MOU with the City of Pickering. NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering direct staff with a view to commencing legal action against York Region by investigating all legal actions available by law and further that an external expert environmental lawyer be retained as directed and Council to be updated as to the actions to be taken at the next regular meeting; and 9 i Ctrq o~ Council Meeting Minutes Monday, September,21, 2009 7:30 PM Council Chambers That the City of Toronto and the Rouge Park Alliance be requested to be a partner with the City of Pickering in the legal action including funding; AND THAT a copy of this resolution and it's attachments.be sent to Durham Regional Council, York Region Council, Ministry of the Environment, Rouge Park Alliance, City of Toronto Council, MPP Wayne.Arthurs, (Scarborough/Pickering), John O'Toole, MPP Durham and MPP Joe Dickson, (Ajax/Pickering). CARRIED LATER IN THE MEETING ON A RECORDED VOTE AS FOLLOWS: (See Following Motions) Resolution #188/09 Moved by Councillor O'Connell ..Seconded by Councillor McLean = That the main motion be amended by deleting the fifteenth clause, "AND THAT staff report back to Council on the status of all actions that have been taken consistent with this resolution.". and replace with the following: AND THAT staff be directed to pursue all legal actions available by law and an external expert environmental lawyer be retained as directed and Council to be updated as to the actions to be taken at the next regular meeting. CARRIED UNANIMOUSLY.ON A RECORDED VOTE Resolution #189/09 Moved by Councillor Pickles Seconded by Councillor Dickerson That the main motion be amended by deleting the word "pursue" and inserting the word "investigate" into the above noted amendment. (Res. # 188/09) CARRIED ON A RECORDED VOTE AS FOLLOWS: 10 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers YES NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan Resolution #19.0/09 Moved by Councillor Dickerson Seconded by Councillor Pickles That clause 14 of the main motion be amended by deleting parts a) and b); and rewording the first part of clause 14 to read as follows: "NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering direct our staff with a view to commence legal action against York Region, by" And further, that clause 15 be added to clause 14 by deleting "AND THAT staff be directed to" so that clause 14 now reads as follows: NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering direct staff with a view to commence legal action against York Region by investigating all legal actions available by law and further that an external expert environmental lawyer be retained as directed and Council to be updated as to the actions to be taken at the next regular meeting. CARRIED ON A. RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor Littley Councillor Johnson Councillor McLean Councillor Pickles Councillor O'Connell Mayor Ryan 11 Council Meeting Minutes Monday, September 21, 2009 _ 7:30 PM Council Chambers Resolution #191/09 Moved by Councillor Dickerson Seconded by Councillor Pickles That the main motion be amended by adding the following as clause 15: That the City of Toronto and the Rouge Park Alliance be'requested to be a partner with the City of Pickering in the legal action including funding. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor, McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan The main motion, as amended, was then CARRIED ON A RECORDED VOTE AS FOLLOWS: YES. NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan b) SOUTHEAST COLLECTOR (SEC) TRUNK SEWER ENVIRONMENTAL ASSESSMENT (EA) & ODOUR CONTROL FACILITY Resolution #192/09 Moved by Councillor Littley Seconded by Councillor Johnson That the Council of the.City of Pickering request that the Provincial Minister of the Environment not issue any decision on the Final (Amended) Southeast Collector (SEC) Trunk Sewer Environmental Assessment (EA) Report currently under review 12 i Council Meeting Minutes Monday, September 21, 2009 7:30 PM. Council Chambers . until an acceptable location has been found for the Odo.ur Control Facility in York Region; and Further, we request that in order to determine an appropriate location the Minister instruct York Region to expand the study area to include the urban areas south of Finch Avenue in Pickering to assess potential health. and social impacts to area residents from the proposed Odour Control Facility and its infrastructure on the Pickering community; and That this resolution be forwarded to the Minister of the Environment John Gerretsen, The Regional Municipality of Durham and The Regional Municipality of York. CARRIED LATER IN THE MEETING ON A RECORDED VOTE (See Following Motions) Resolution #193/09 Moved by Councillor Pickles Seconded by Councillor Dickerson That the main motion be amended by adding the following after clause 2: Further, that in the event this is not granted, that legal action be taken for a judicial review under the Environmental Assessment Act; Further that the proponent be required to undertake further review of the items noted below and be directed to provide this information to the City and present this information at a public.meeting to be arranged by York Region in the City of Pickering; Review of public consultation undertaken on the pipe related facilities, including the Odour Control Facility, fans and metre facilities, - Review of options available for the location and design/technology of the proposed Odour Control Facility, Review of the proposed location and design/technology of the Odour Control Facility, Review of options for and proposed location and design/technology of fans and metres and any other facilities proposed to be located in Pickering, Identification and review of potential adverse affects, including health affects, of the pipe, Odour Control Facility and any other related facilities, 13 Council Meeting Minutes Monday, September 21, 2009 7:30 PM P1 T1 G Council Chambers Further that York Region agree to provide sufficient funds to the City of Pickering for the purpose of retaining a professional peer review of the above and any other . pertinent information related to the pipe and related facilities, including the Odour Control Facility, and potential adverse affect and prepare a report to MOE and the City of Pickering; and Further that York Region be requested to cease any expropriations until the final, decision; AND THAT 'a copy of this resolution be sent to Durham Regional Council, Regional Municipality of York, Ministry, of the Environment, Rouge Park Alliance, City of Toronto Council, MPP Wayne Arthurs, (Scarborough/Pickering), John O'Toole, MPP Durham and MPP Joe Dickson, (Ajax/Pickering). CARRIED UNANIMOUSLY ON A RECORDED VOTE Resolution #194/09 Moved by Councillor Johnson Seconded by Councillor Littley That the rules of procedure be suspended in order to introduce a Motion with respect to the Southeast Collector (SEC) Trunk Sewer Environmental Assessment (EA) & Odour Control Facility. CARRED ON A 2/3 MAJORITY VOTE c) SOUTHEAST COLLECTOR (SEC) TRUNK SEWER ENVIRONMENTAL ASSESSMENT (EA) & ODOUR CONTROL FACILITY Resolution #195/09 Moved by Councillor Johnson Seconded by Councillor Littley WHEREAS the Region of York is proposing a twinning of the southeast collector pipe from York Region through Pickering to the Odour Control Sewer Treatment Plant; WHEREAS as the Region of Durham is a co-proponent of this Environmental Assessment and Durham Council unanimously oppose an odour control facility in Pickering; 14 Cyr o~ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers WHEREAS the City of Pickering supports their community who oppose the proposed location of the Odour Control Facility along the Durham-York town line; WHEREAS the Seaton Land Owners Group and Ontario Realty Corporation have to build a sewage pipe south from 407 through Seaton to the Duffins Creek Sewage Treatment Plan and have made an off to cost share with York Region a pipe through Seaton; NOW THEREFORE the City of Pickering requests York and Durham Region to explore the feasibility of bringing the pipe -om York across the 407. from York into Pickering and oversize the provided Seaton Pipe; AND THAT copies of this be sent to.the Ministry of the Environment, York Region, Durham Region, Premier McGuinty, MPP Dickson, Leader of the Opposition. MOTION DEFEATED ON A RECORDED VOTE AS FOLLOWS: YES NO. Councillor Johnson Councillor Dickerson Councillor Littley Councillor McLean Councillor O'Connell Councillor Pickles Mayor Ryan (VII) CORRESPONDENCE 1. CORR. 77-09 TOWNSHIP OF WOOLWICH P.O. Box 158 24 Church Street West Elmira, ON N3B 2Z6 Resolution # 196/09 Moved by Councillor O'Connell Seconded by Councillor Littley That CORR. 77-09 received from the Township of Woolwich requesting Council support for a resolution passed at a meeting held on June 30, 2009 with respect to 15 i Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers their request that the Ministry of Municipal Affairs conduct a review of Chapter 27, Section 5(2) of the Development Charges Act 1997 and make changes that would eliminate the requirement for municipalities to deduct grant funding received from eligible portion of development charges be endorsed. CARRIED 2: CORR. 78-09 MICHELLE CRABB, PRESIDENT MADD DURHAM REGION 58 Rossland Rd. W., Suite 2,06 Oshawa, ON L1 G 2V5 Resolution # 197/09 Moved by Councillor O'Connell Seconded.by Councillor Dickerson That CORR. 78-09 from Michelle Crabb, President, MADD Durham Region, seeking confirmation of written support from local community partners of the efforts made by MADD Durham Region to reduce the number of injuries and fatalities by erecting road signs in the community be endorsed and a written letter of support be sent in order to obtain funding from MADD Canada's National Office. CARRIED 3. CORR. 79-09 DEBBIE THOMPSON LEGISLATIVE SERVICES SUPERVISOR/DEPUTY CLERK TOWN OF CALEDON 6311 Old Church Road Caledon, ON L7C 1J6 Resolution # 198/09 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 79-09 from Debbie Thompson, Legislative Services Supervisor/Deputy Clerk, Town of Caledon seeking Council support with respect to a resolution passed at a meeting held September 1, 2009 regarding the development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability be endorsed. 16 I Citq 04 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers CARRIED 4. CORR. 80-09 PAMELA MALOTT CHIEF ADMINISTRATIVE OFFICER TOWN OF AMHERSTBURG 271 Sandwich St. South Amherstburq ON N9V 2A5 Resolution # 199/09 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 80-09 from Pamela Malott, Chief Administrative Officer, Town of Amherstburg, seeking Council support with respect to a resolution passed at a meeting held July 27, 2009 regarding an appeal to the Province of Ontario and the Ministry of Finance to continue consultations with municipalities and the Solar Industry to reach a`fair and equitable property assessment valuation method be endorsed. CARRIED 5. CORR. 81-09 JIM BRADLEY, MINISTER MINISTRY OF TRANSPORTATION Ferguson Block, 3`d Floor 77 Wellesley St. West_ Toronto, ON M7A 1Z8 Resolution # 200/09 Moved by Councillor Johnson Seconded by Councillor Pickles That CORR. 81-09 from Jim Bradley, Minister, Ministry of Transportation to Regional Councillor Bill McLean in response to his letter regarding the road conditions on Highway 401 between Ajax and Pickering be received for information. CARRIED 17 Ctrs o~ _ Council Meeting Minutes Monday; September'21, 2009 7:30 PM Council Chambers 6. CORR. 82-09 LAURA DRAKE, CHAIR PICKERING MUSEUM VILLAGE ADVISORY COMMITTEE c/o City of Pickering .One The Esplanade Pickering, ON L1V 6K7 Resolution # 201/09 Moved by Councillor Johnson Seconded by Councillor Pickles That CORR. 82-09 from Laura Drake, Chair, Pickering Museum Village Advisory, Committee submitting the 2009 Work Plan on behalf of the Pickering Museum Village Advisory Committee be received for information. CARRIED 7. CORR. 83-09 DOUG DICKERSON CITY COUNCILLOR - WARD 2 CITY OF PICKERING One The Esplanade Pickering, ON L1V 61<7 Resolution # 202/09 Moved by Councillor Dickerson Seconded by Councillor O'Connell That. CORR. 83-09 forwarded from Doug Dickerson, City Councillor, Ward 2 and Chair, Sustainable Pickering Advisory Committee with respect to the Sustainable Pickering Advisory Committee's concerns with regulations, pertaining to the Green Energy and Green Economy Act, 2009 be endorsed. CARRIED 8.. CORR. 84-09 CATHERINE ROSE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT One The Esplanade Pickering, ON L-1V 6K7 18 1 Cyr o~ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers Resolution # 203/09 Moved by Councillor Dickerson Seconded by Councillor O'Connell That CORR. 84-09 forwarded from the Planning & Development Department to the Ministry.of the Environment, Environmental Programs Division advising that they would be seeking Council endorsement with respect to revisions to the proposed MOE Regulations to implement the Green Energy and Green Economy Act, 2009 be endorsed. CARRIED 9. CORR. 85-09 DEBBIE LEROUX, CLERK TOWNSHIP OF UXBRIDGE .51 Toronto Street S., Box 190 Uxbridge, ON L9P 1T1 Resolution # 204/09 Moved by Councilor Dickerson Seconded by Councillor O'Connell That CORR. 85-09 from Debbie Leroux, Clerk, Township of Uxbridge, seeking Council endorsement of a resolution passed at a meeting held August 14, 2009 with respect to the granting of an extension to the consultation period regarding Provincial Underserved Area Plan from August to late Fall be endorsed. CARRIED 10. CORR. 86-09 T.J. QUINN, CHIEF ADMINISTRATIVE OFFICER CITY OF PICKERING AND PENNY WYGER VICE PRESIDENT, CORPORATE SERVICES METROLINX 20 Bay Street, Suite 600 Toronto, ON M5J 2W3 During the discussion on this matter, the Chief Administrative Officer was requested to pursue recouping any revenue in the future. 19 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers Resolution # 205/09 Moved by Councillor McLean Seconded by Councillor Littley That CORR. 86-09 from T.J. Quinn, Chief Administrative Officer, attaching a letter received from Penny Wyger, Vice President, Corporate Services, Metrolinx requesting the City of Pickering accept the terms as set out in the enclosed letter with respect to the necessary legal agreements between OPB and Metrolinx be received and the terms be accepted. CARRIED 11. CORR. 87-09 CLINTON SHANE EKDAHL 129 Avenue E South Saskatoon SK S7M 1 R7 Resolution # 206/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 87-09 from Clinton Shane Ekdahl requesting the City of Pickering proclaim May 29, 2010 as "Day of the Honey Bee" be declared. CARRIED 12. CORR. 88-09 KELLY MATIJCIO, RN kmatiicio(c)-rogers.com Resolution # 207/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 88-09 from Kelly Matijcio, RN requesting the City of Pickering proclaim October 1 - 7,.2009 as World Breastfeeding Week be declared. i CARRIED 'I 20 Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers 13. CORR. 89-09 BETH CULLEN-KEIDANN, RN. REGION OF DURHAM HEALTH DEPARTMENT 605 Rossland Road East Whitby ON L1 N 0132 Resolution # 208/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 89-09 from Beth Cullen-Keidann, RN, Region of Durham Health Department, requesting the City of Pickering proclaim October, 2009 as Walk to School Month and October 7, 2009 as International Walk to School Day be declared. CARRIED 14. CORR. 90-09 DON HEAD,, COMMISSIONER RESTORATIVE JUSTICE RestpratoveKistoce(a-).csc-scc.gc.ca Resolution # 209/09 i Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 90-09 from Don Head, Commissioner, Correctional Service of Canada, requesting the City of Pickering proclaim November 15 to 22"d, 2009 as "Restorative Justice Week 2009 be declared. CARRIED 15. CORR. 91-09 KARYN KENNEDY, EXECUTIVE DIRECTOR BOOST CHILD ABUSE PREVENTION & INTERVENTION 890 Yonge Street, 11th Floor Toronto ON M3W 3P4 Resolution # 210/09 21 I i Council Meeting Minutes ' Monday, September 21, 2009 PICKERING 7:30 PM Council Chambers Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 91-09 from Karyn.Kennedy, Executive Director, Boost Child Abuse Prevention & Intervention, requesting the City of Pickering proclaim October, 2009 as "Child Abuse & Neglect Prevention Month" be declared. CARRIED 16. CORR. 92-09 SID RYAN, PRESIDENT CUPE ONTARIO 305 Milner Ave., Suite 801 Scarborough, ON M 1 B 3V4 Resolution # 211/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 92-09 from Sid Ryan, President, CUPE Ontario, requesting the City of Pickering proclaim October 21, 2009 as "Child Care Worker & Early Childhood Educator Appreciation Day" be declared. CARRIED 17. CORR. 93-09 LISA HARKER COORDINATOR, RECORDS & ELECTIONS City of Pickering One The Esplanade Pickerinq, ON L1 B 6K7 Resolution # 212/09 Moved byCouncillor Dickerson Seconded by Councillor Johnson That CORR. 93-09 from Lisa Harker, Coordinator, requesting the City of Pickering proclaim October 18 - 25, 2009 as "Local Government Week" be declared. CARRIED 22 Council Meeting ,Minutes -Monday, September 21, 2009 MCKERING 7:30 PM Council Chambers 18. CORR. 94-09 KATHY CROWHURST LUPUS FOUNDATION OF ONTARIO 294 Ridge Road N. Box 687 Ridgeway; ON LOS 1 NO Resolution # 213/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 94-09 from Kathy Crowhurst, Lupus Foundation of Ontario, requesting the City of Pickering proclaim October as "Lupus Awareness Month" be declared. CARRIED 19. CORR. 95-09 GORDON WILLSON 455 Whitevale Road Whitevale, ON Resolution # 214/09 Moved by Councillor Johnson Seconded by Councillor Pickles That CORR. 95-09 from Gordon Willson, Whitevale resident, with respect to concerns related to the Memorandum of Understanding, June 2005, between Pickering and York Region, waiving rights to compensation in regard to the `big pipe' be received for information. CARRIED (VIII) COMMITTEE REPORTS a) REPORT PD 2009-08 OF THE PLANNING & DEVELOPMENT COMMITTEE 1. Director, Planning & Development, Report PD 25-09 Draft Plan of Subdivision SP-2009-1.0 Zoning By-law Amendment Application A 11/09 Part of Lots 1, 2, & 3, Plan 505, Part of Block 165, Block 166, Lot 67, 40M-1810 Part 1, 40R-19732, Part 2, 40R-19734, Part 1, 40R-20042, 23 Cit 0~ _ Council Meeting Minutes Monday, September 21, 2009 PIC 7:30 PM Council Chambers Part 2, 40R-20043 Brand Group of Co. (Block 165 - Foxwood Trail) Cedaroak Development Corporation (1752 & 1764 Rosebank Road) Keleck Investments (Pickering) Inc. (1762 Rosebank Road) Parkmount Building Corporation (Part of Block 165 & Block 166 - Foxwood Trail & 1602 Autumn Crescent) City of Pickering Resolution # 215/09 Moved by Councillor O'Connell Seconded by Councillor Johnson 1. That Draft Plan of Subdivision SP-2009-10 submitted by Sernas Associates, to permit a residential plan of subdivision on lands being Part of Lots 1, 2, & 3, Plan 505; Lot 67, 40M-1810; Part 1, 40R-19732; Part 2, 40R-19734; Part 1, 40R-20042; Part 2, 40R-20043 (as revised) as shown on Attachment #3, to Report PD 25-09, be endorsed; 2. That the proposed conditions of draft plan approval to implement Draft Plan of Subdivision SP-2009-10 as set out in Appendix I to Report PD 25-09, be endorsed with the following amendment to Condition #20: That the owner submit a tree preservation/transplanting/replacement planting plan which shall address, amongst other matters, the opportunity to relocate/transplant the existing 17 White Spruce trees located adjacent to the Rosebank Road right-of-way. Further, if it is determined that the planting of one tree, in the front yard, per lot, is not possible due to smaller lot frontages, the Owner will. be required to pay either cash-in-lieu for the remaining trees or plant the remaining trees in a location within the Plan boundaries or adjacent to Rosebank Road, to the satisfaction of the Director, Planning & Development. 3. Further, that Zoning By-law Amendment Application A 11/09 submitted by Sernas Associates, to amend the zoning on lands being Part of Lots 1, 2, & 3, Plan 505; Part of Block 165, Block 166, Lot 67, 40M-1810,Part 1, 40R-19732; Part 2, 40R- 19734, Part 1, 40R-20042; Part 2, 40R-20043 to implement Draft Plan of Subdivision SP-2009-10, and properties created through Land Division Applications LD 062/09 to LD 067/09 as outlined in Appendix II to Report PD 25-09 be forwarded to Council for enactment. CARRIED 24 I Ciro A-t Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers b) REPORT EC 2009-07 OF THE EXECUTIVE COMMITTEE 1. Director, Corporate Services & Treasurer, Confidential Report CS 34-09 Appeal of 2009 Development Charges By-law COUNCIL DECISION That the recommendations as contained in Confidential Report CS 34-09 of the Director, Corporate Services & Treasurer be adopted. 3. Director, Corporate Services & Treasurer, Report CS 25-09 City Policy ADM 010 Standards for City Policies & Procedures COUNCIL DECISION 1. That Report CS 25-09 of the Director, Corporate Services & Treasurer be received; 2. That City Policy ADM 010 Standards for City Policies & Procedures be approved; and 3.. That the appropriate officials of the City of Pickering give effect thereto. 5. Director, Corporate Services & Treasurer, Report CS 28-09 Formal Quotations - Quarterly Report for Information COUNCIL DECISION That Report CS 28-09 of the Director, Corporate Services & Treasurer regarding Formal Quotations'-Quarterly Report for Information be received for information. 6. Director, Corporate Services & Treasurer, Report CS 29-09 2009 Final Tax Due Dates for Commercial, Industrial and Multi-Residential Realty Tax Classes COUNCIL DECISION 1. That Report CS 29-09 of the Director Corporate Services & Treasurer be received; 25 Ciro o~ Council Meeting Minutes Monday, September 21, 2009 MCKERNG 7:30 PM Council Chambers 2. That the Director, Corporate Services & Treasurer be authorized to issue the final 2009 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of October 19th, 2009; 3. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary., including altering the due date, in 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 30-09 Cash Position Report as at June 30, 2009 COUNCIL DECISION That Report CS 30-09 of the Director, Corporate Services & Treasurer be received for information. 8. Director, Corporate Services & Treasurer, Report CS 32-09 Application for Minor Variance to Sign By-law 2493/87, as amended -Bell Canada 1762 Fairport Road COUNCIL DECISION That the application for minor variance to Sign By-law 2439/87, as amended, submitted by Pattison Sign Group on behalf of Bell Canada, for property municipally known as.1762 Fairport Road, be approved. 9. Director, Corporate Services & Treasurer, Report CS 33-09 Application for Minor Variance to Sign By-law.2493/87, as amended - Bell Canada, 5052-5044 Wixson Street, Claremont COUNCIL DECISION That the application for minor variance to Sign By-law 2439/87, as amended, submitted by Pattison Sign Group on behalf of Bell Canada, for property municipally known as 5052-5044 Wixson Street, be approved. 26 Ciro q Council.Meeting Minutes Monday, September 21, 2009 _ 7:30 PM PICXERINor Council Chambers 10. Director, Corporate Services & Treasurer, Report CS 35-09 Municipal Performance Measurement Prog, am - Provincially Mandated Public Reporting of Performance Measures COUNCIL DECISION That Report CS 35-09 of the Director, Corporate Services & Treasurer be received for information. Resolution 4 216/09 Moved by Councillor O'Connell Seconded by Councillor Johnson That the Report of the Executive Committee EC 2009-07, dated September 14, 2009, be adopted, save and except Items 2, 4, 11 and 12. CARRIED 2. Chief Administrative Officer, Report CAO 06-09 Pickering Off-Leash Dog Park -Approval to Proceed with Park Development General discussion ensued on this matter. The CAO was thanked for his leadership on this matter. Resolution # 217/09 Moved by Councillor O'Connell Seconded by Councillor Johnson 1. That Report CAO 06-09 of the Chief Administrative Officer regarding the Pickering Off-Leash Dog Park be received; 2. That Council approve the establishment of an off-leash dog park within the lands owned by the Toronto and Region Conservation Authority west of Valley Farm. Road and south of the Third Concession Road (Grand Valley Park); i 3. That staff be directed to work with the Leash Free Working Group and the Toronto and Region Conservation Authority (TRCA) on a detailed design of the off-leash dog park, and upon approval by the TRCA of that design, that staff be directed to commence development of the off-leash park, using available funds in 27 I Ciro Council Meeting Minutes Monday, September 21, 2009 PICKERING 7:30 PM Council Chambers the 2009 Budget approved by Council for this purpose; 4. That staff be directed to review the City's Responsible Pet,Ownership By-law 6811/07 and forward to Council any necessary amendments that are required to permit the establishment of an off-leash dog park as set out in this Report; 5. That staff be authorized to execute the necessary approvals and relevant documentation; and 6. That a copy of this Report be forwarded to the Toronto and Region Conservation Authority and the Leash Free Working Group. CARRIED UNANIMOUSLY ON A RECORDED VOTE 4. Director, Corporate Services & Treasurer, Report.CS 27-09 2010 Standing Committee and Council Meeting. Schedule Resolution # 218/09 Moved by Councillor O'Connell Seconded by Councillor Johnson 1. That Report CS 27-09 of the Director, Corporate Services & Treasurer be received; 2. That the 2010 Standing Committee and Council Meeting Schedule, as amended, included as Attachment 1 to this report be approved; and 3. That the City Clerk be given authority to give effect thereto.. CARRIED 11. Director, Operations & Emergency Services, Report OES 32-09 Albacore Manor -Sidewalk Removal Resolution # 219/09 Moved by Councillor O'Connell Seconded by Councillor Johnson 28 Council Meeting Minutes s' Monday, September. 21, 2009 - 7:30 PM Council Chambers 1. That Report OES 32-09 of the Director, Operations & Emergency Services regarding the removal of the sidewalk on.Albacore Manor be received for information; and, 2. That Council address the matters in this report during the 2010 budget deliberations. CARRIED LATER IN THE MEETING (See Following Motion) Resolution # 220/09 Moved by Councillor Dickerson Seconded by Councillor Pickles That Item #2 be deleted in its entirety and a new Item #2 be inserted as follows: 2. That the concrete sidewalk from the existing location on Albacore Manor be removed and a new concrete sidewalk be installed adjacent to the curb at an estimated cost of $20,000. MOTION DEFEATED ON A RECORDED VOTE AS FOLLOWS YES NO Councillor Dickerson Councillor O'Connell Councillor Johnson Councillor Pickles Councillor Littley Mayor Ryan Councillor McLean was absent for the vote on the matter. The main motion was then CARRIED. 12. Director, Operations & Emergency Services, Report OES 46-09 Duffin's Trail from Finch Avenue to the Pickerinq-Ajax Border Resolution # 221/09 Moved by Councillor Pickles Seconded by Councillor Littley 29 Ciro Council Meeting Minutes 141 Monday, September 21, 2009 7:30 PM MCKEI~M Council Chambers 1. That Report OES 46-09 of the Director, Operations & Emergency Services regarding the Duffin's Trail Project from Finch Avenue to the Pickering-Ajax border be received; 2. That, notwithstanding the provisions of the City's Purchasing Policy, Council approve the Toronto and Region Conservation Authority to develop and construct the trail at an estimated cost of $99,813.00 (GST included); 3. That the total gross project cost of $110,250 (GST included) including TRCA estimated cost and any unforeseen costs and the, total net project cost of $105,000 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to fund the project as follows: a) the sum of 15,000 be funded from the Development Charges Parkland Development & Trails Reserve Fund b) the sum of $90,000 be funded from Parkland Reserve Fund and 5. That a copy of this report be forwarded to the TRCA for their information. CARRIED LATER IN THE MEETING (See Following Motion) Resolution # 222/09 Moved by Councillor O'Connell Seconded by Councillor McLean That Report OES 46-09 of the Director, Operations & Emergency Services be referred to the Accessibility Committee for comment and report back to Council. MOTION DEFEATED ON A RECORDED VOTE AS FOLLOWS 30 Ciro Council Meeting Minutes Monday, September.21, 2009 7:30 PM Council Chambers . YES NO Councillor Dickerson Councillor Johnson Councillor McLean Councillor Littley Councillor O'Connell Councillor Pickles Mayor Ryan The main motion was then CARRIED. (IX) NEW AND UNFINISHED BUSINESS Chief Administrative, Officer, Report CAO 05-09 Seaton Neighbourhood Planning Program -Direction to Proceed with Program At the July 6, 2009 meeting of the Executive Committee, Report CAO 05-09 was referred to the September 21, 2009 meeting of Council. An addendum report to CAO 05-09 was prepared to address concerns for information raised. Resolution # 223/09 Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CAO 05-09 of the Chief Administrative Officer regarding the Seaton. Neighbourhood Planning Program be received for. information. CARRIED 2. Chief Administrative Officer, Addendum Report to CAO 05-09 Seaton Neighbourhood Planning Program -Revised Approach Resolution # 224/09 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That the Addendum to Report CAO 05-09 of the Chief Administrative Officer, regarding a revised approach to completing the required Seaton Neighbourhood Planning Program (now "Review"), be received-, 31 Ctrs 01 Council Meeting Minutes _ Monday, September 21, 2009 PICKEWNG 7:30 PM Council Chambers 2. That, in response to the City's Request for Proposals RFP-7-2009 for consulting services for the Seaton Neighbourhood Planning Review, the proposal submitted by Sorenson Gravely Lowes Planning Associates Inc., in association with The Planning Partnership, LEA Consulting Inc., SCS Consulting Group Ltd., N. Barry Lyons Consultants Limited, Robin Dee & Associates, and Bray Heritage, dated September 8, 2009, in the amount of $655,592 be accepted, subject to landowners executing a funding agreement; 3. That the Director, Corporate Services & Treasurer be authorized to: a) pay any expenses incurred in 2009 related to the Review from funding received from the Seaton Landowners Group; b) include the remaining expenditures and funding related to the Review in the 2010 Current Budget of the Planning & Development Department with the funding of the costs of the draft plan and zoning review component being provided from the application fees received for this purpose;. 4. That the appropriate officials of the City of Pickering be authorized to give effect thereto, including entering into any necessary agreements; and 5. That a copy of this Report and Council's resolution be forwarded to the Ministry of Municipal Affairs and Housing, the Ministry of Energy and Infrastructure, the Ontario Realty Corporation, the Region of Durham, the Trustee for the North Pickering Development Management Inc., and the Sernas Group on behalf of the Seaton Landowner Group. CARRIED LATER IN THE MEETING (See Following Motion) Resolution # 225/09 Moved by Councillor O'Connell Seconded by Councillor Dickerson That Item #10 of the Draft Funding Agreement, included as Attachment #5 to Addendum to Report CAO 05-09, be deleted in its entirety. MOTION DEFEATED ON A RECORDED VOTE, 32 Cirs o~ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers YES NO Councillor Dickerson Councillor Johnson Councillor O'Connell Councillor Littley Councillor McLean Councillor Pickles Mayor Ryan The main motion was then CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Johnson Councillor Dickerson - Councillor McLean Councillor Littley Councillor Pickles Councillor O'Connell Mayor. Ryan 3. Director, Operations & Emergency Services, Report OES 50-09 Tender for Hot.Water Boiler Replacement -Pickering Recreation Complex -Tender No. T-17-2009 Resolution # 226/09 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES 50-09 of the Director, Operations & Emergency Services regarding the Hot Water Boiler Replacement at the Recreation Complex be received; 2. That Tender T-17-2009 submitted by Plan Group Inc./ACE Services at a cost of $111,825 (GST included) be accepted;. 3. That the total gross project cost of $138,075 (GST included) and a net project cost of $131,500 including the tender amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the amount of $131,500, as provided for in the 2009 approved Capital Budget for the Pickering Recreation Complex, to be financed through Federal Gas Tax Funding; 33 C~tq o~ Council Meeting Minutes Monday, September 21, 2009 _ 7:30. PM 'PICKEFING Council Chambers b) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to affect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED 4. Director, Operations & Emergency Services, Report OES 51-09 Replacement of Air Handling/Air Conditioner.Unit -Pickering Recreation Complex. =Tender No. T-18-2009 Resolution # 227/09 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES 51-09 of the Director, Operations & Emergency Services regarding the replacement of the Air Handling/Air Conditioner Unit at the Pickering Recreation Complex be received; 2. That Tender T-18-2009 submitted by Plan Group Inc./ACE Services.at a cost of $74,025 (GST included) be accepted; 3. That the total gross project cost of $84,525 (GST included) and a net project cost of $80,500 including the tender amount and other associated costs be approved,- 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the amount of $80,500 as provided for in the 2009 approved Capital Budget for the Pickering Recreation Complex, to be financed through Federal Gas Tax funding; b) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to affect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take, necessary action to give effect thereto. CARRIED 34 Ciro o~ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers 5. Director, Operations & Emergency Services, Report OES 47-09 Tender T-19-2009 -Toy Avenue Road Reconstruction and Toy Avenue - Bayly Street - Intersection Improvements Resolution # 228/09 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES 47-09 of the Director, Operations & Emergency Services regarding the Toy Avenue Road Reconstruction and Storm Sewer Works, Region Road, Watermain and Traffic Signal Underground Construction be received; 2. That Tender T-19-2009 submitted by Ron Robinson Limited for the Toy Avenue Road Reconstruction and Storm Sewer Works, Region Road, Watermain and Traffic Signal Underground Construction at a cost of $1,507,841.88 (GST included) and a net cost of $1,436,039.88 be accepted;. 3. That the total gross project cost of $1,683,528 (GST included) including the tender amount, the Region of Durham's portion and other associated costs and the total net project cost of $1,603,360 be approved, 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) that the sum of $700,000 be funded by the Building Canada Fund Communities Component -(BCF - CC) - Intake 2 Grant with breakdown as follows; i) $350,000 from the Federal Government ii) $350,000 from the Provincial Government b) that the sum of $175,000 be funded from the Federal Gas Tax Reserve Fund; c) that the sum of $175,000 be funded from the Move Ontario Reserve; d) that the sum of $508,770 be funded by the Regional Municipality of Durham; e) that the additional sum of $44,590 be funded equally from the Federal Gas Tax Reserve Fund ($22,295) and Move Ontario Reserve ($22,295); f) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 35 Cyr o~ _ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED (X) BY-LAWS 6980/09 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By-law attached) 6981/09 A by-law to authorize a Franchise Agreement between The Corporation of the City of-Pickering (the "City") and Enbridge Gas Distribution Inc. (Previously approved through Resolution # 92/09 6982/09 Being a by-law to amend the Responsible Pet Ownership By-law. 6983/09 Being a By-law of The Corporation of the City of Pickering to Establish the 2009 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes. 6984/09 Being a by-law to designate the property and buildings at 3540 Westney Road, N'/2 Lot 11, Concession 5 (Greenwood Schoolhouse) as being of historical and architectural value or interest. 6985/09 Being a by-law to dedicate that part of Lot 3, Plan 505, Pickering, being Part 5, Plan 40R-25976, as public highway. . i 6986/09 Being a by-law to dedicate that part of Block 45, Plan 40M-1507, Pickering, being Part 27, Plan 40R-14939, as public highway. 6987/09 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 Part of Lots 1 - 3, Plan 505, Part of Block 165, Block 166, Lot 67, 40M-1810, Part 1, 40R-19732, Part 2, 40R-19734, Part 1, 40R-20042, Part 2, 40R-20043, in the City of Pickering (A 11/09) THIRD READING: Councillor Johnson, seconded by Councillor Dickerson moved that By-law Numbers 6980/09 to 6987/09, be adopted, and the said by-law be now read a third time and passed 36 I Council Meeting Minutes 141, Monday, September 21, 2009 7:30 PM Council Chambers and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (XI) OTHER BUSINESS 1. The Chief Administrative Officer was requested to action the following: a) Councillor McLean requested that the two Notices of Motion regarding the Southeast Collector Trunk Sewer Environmental Assessment and Odour Control Facility as approved earlier in the meeting be forwarded to the Regional Municipality of Durham requesting addition to the Septe,mber:23, 2009 agenda. b) Councillor O'Connell requested an update on the Notice of Motion regarding the Southeast Collector Trunk Sewer & Waterfront Pollution Control Plant expansion which was referred back to staff at the January 19, 2009 meeting of Council. (XII) CONFIDENTIAL MATTERS In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution # 229/09 Moved by Councillor Johnson Seconded by Councillor McLean That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to personal matters about an identifiable individual, including municipal or local board employees. CARRIED 1. Appointments to Boards and Committees Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor Dickerson Seconded by Councillor O'Connell That the following appointments be confirmed thereto for a term to expire on November 30, 2010- 37 C~ o4 A Council Meeting Minutes Monday, September 21, 2009 PICRERM 7:30 PM Council Chambers a) Heritage Pickering Advisory Committee Michael Cassidy Wickham Jamadar Peter Rodrigues Margaret Woods b) Property Review Committee Annie Burtney Tina Calandra Peter Dickson Richard Farrell Greg Fernandes c) Pickering Museum Village Advisory Committee Stephanie Wilson CARRIED (XI11) CONFIRMATION BY-LAW By-law Number # 6988/09 Councillor Johnson, seconded by Councillor Dickerson, 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 21, 2009. CARRIED (XIV)ADJOURNMENT Moved by Councillor Johnson Seconded by Councillor Dickerson That the meeting be adjourned at 5.05 am. CARRIED 38 City 0~ Council Meeting Minutes Monday, September 21, 2009 7:30 PM Council Chambers DATED this 21st day of September, 2009 and 22"d day of September, 2009. MAYO RYAN DEBI A. WILCOX CITY CLERK 4 39