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HomeMy WebLinkAboutCL 19-04 124 Ciú¡ o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CL 19-04 Date: March 30, 2004 From: C. Anne Greentree, BA, AMCT Deputy Clerk Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Transfer of Residential Waste Collection Responsibilities to the Region of Durham Recommendation: 1. That Clerk's Report CL 19-04 regarding the transfer of the City's power relating to residential waste collection to the Region of Durham be received; and 2. That the Council of The Corporation of the City of Pickering hereby consents to Region of Durham By-law Number 23-2004 which provides for the transfer of all the lower-tier power relating to residential solid waste collection from the City of Pickering to the Region, effective January 1,2004. Executive Summary: To consent to the transfer of residential waste collection responsibility to the Region of Durham. Financial Implications: Not Applicable Background: Please be advised that Council passed the following resolution at its regular meeting of February 2, 2004: WHEREAS the Council of the Corporation of the City of Pickering approved a pilot program in a portion of the Amberlea neighbourhood for the cart-based collection of kitchen organics on November 6, 2001; and WHEREAS this pilot program has proven to be very successful in reducing the amount of waste going to landfill and is supported by the residents who have used it; and Report CL 19-04 Date: March 30, 2004 1 (y- ..', ~ Subject: Transfer of Waste Collection Responsibilities to Region of Durham Page 2 WHEREAS due to the success of the pilot project, the kitchen organics collection program in the Amberlea neighbourhood was extended and is still ongoing; and WHEREAS Resolution #144/03 passed on October 7, 2003, endorses, in principle, the collection of kitchen organics throughout the entire City of Pickering; NOW THEREFORE the Council of The Corporation of the City of Picketing hereby requests that the Regional Municipality of Durham assume responsibility for the collection of household solid waste consisting of garbage, yard waste and separated kitchen organics in the City of Pickering effective January 1, 2004 and implement the Regional Integrated Waste Management Program; and FURTHER THAT the Region of Durham use the Norseman 46.5L Green Bin curbside container and the Norseman 7.5 L kitchen container for the kitchen organic collection program in the City of Pickering and ensure delivery of the start up package consisting of bins, paper bags, and an information booklet, consistent with the Region's recommendation of May 7,2003; and FURTHER THAT the Region carry out and administer the kitchen organic and household collection program on the basis that there will be no reduction in services or levels of service to the residents of the City of Pickering; and FURTHER THAT any cost recovery of the pilot program be reimbursed to the City of Pickering; and FURTHER THAT the Chief Administrative Officer facilitate the process and discussions respecting the transfer of the collection of household solid waste to the Region and report back to Council. 126 Report CL 19-04 Date: March 30, 2004 Subject: Transfer of Waste Collection Responsibilities to Region of Durham Page 3 Attached to this Report is a copy of correspondence from the Regional Clerk dated March 24, 2004 advising that the Council of the Regional Municipality of Durham has passed a by-law to transfer the lower-tier power relating to residential solid waste collection in the City of Pickering to the Region of Durham, effective January 1, 2004 . The Region is now asking the City of Pickering for their consent to this by-law as part of the triple majority that is needed for the Region to assume this lower tier responsibility. Although the February 2nd resolution notes Pickering Council's support of the transfer of waste collection responsibility to the Region, a separate resolution will be needed to consent to the by-law that was passed by the Region in order to fulfill the "triple majority" requirement set out in the Municipal Act. For Council's information, a "triple majority" is achieved as follows: 1. A by-law agreeing to transfer the responsibility for solid waste management collection, must receive the support of a majority of votes of the Regional Council. This part of the "triple majority" was achieved when the Region passed the required by-law at a meeting held on March 24, 2004. 2. A majority of the lower tier municipal councils must pass resolutions consenting to the by-law. That is the purpose of this Report. 3. The total number of electors in the consenting lower tier municipalities must form a majority of electors in the Region. Please note that if the responsibility of waste collection is transferred from the City of Pickering to the Region of Durham, the Region will have assumed waste collection responsibility from all municipalities within the Region of Durham with the exception of the City of Oshawa and the Towns of Ajax and Whitby. Attachments: 1. Letter from Regional Clerk dated March 24, 2004 Report CL 19-04 Date: March 30, 2004 1 ? 7 Subject: Transfer of Waste Collection Responsibilities to Region of Durham Page 4 Prepared By: Approved I Endorsed By: ~~~ C. 'Anne Gféentree Deputy Clerk Everett Buntsma, Director Operations & Emergency Services /~ Attachments AG/RH:ds Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City ncil / ,I 1" The Regional Municipality of Durham Clerk's Department 605 ROSSLAND RD. E. PO BOX 623 WHITBY ON UN 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-9963 Emaíl: clerks@region.durham.on.ca www.region.durham.on.ca ATTACHMENT# L.- TOREPORT#_~.JL ¡q,OLj J of p r=:=-£~¡gi~~ tç~:~J:~:i3'i.v'j'š'~::;ì~~.""""~~<-¡ t£!LE i\jO,~.J-Ll" JJ65THÎsTETfËR~AS BEEN FORWARDED b:-;:- FORWARDOOPYr-r;:-".,:ro.1jHE EIGHT AREA CLERKS . MÞ:'.!:Q~ I, I itJF,., ~, .' --';.;':"~_..._~~.~ tCOUNCíL -""""""¡-<i I ~IO~ :d"T",fv¡::i f--1 E~~,,:;~~s tiJ,;,~,Jii,~,~~ GUST. C;\RE . -t.;=A.~}I, D~ EGaN, D¡;:V - ,:. '-"¡'¡JLE.2!:- F . EL ¡ SU,"!,)! V ~ ""'R," IRE , ."",',-~, ~TREšz"' --IJ~';iL_._- March 24, 2004 Mr. B. Taylor City of Pickering 1 The Esplanade Pickering, ON L 1 V 6K7 Report and By-law for the Transfer of Residential Waste Collection Responsibility from the C.ity of Pickering to the Reional Munici ali of Durham, 2004-J-1t -Our File: CO1-00 Mr. Taylor, the Joint Finance & Administration and Works Committee of Regional Council considered the above matter at a meeting held on March 24, 2004, and the following recommendations of the Committee were adopted: ' THAT the proposed by-law, Attachment #1 to Report 2004-J-11 of the Commissioners' of Finance and Works, providing for the transfer of the lower-tier power, relating to residential solid waste collection in the City of Pickering, to the Region of Durham be , presented to Council and enacted; and "a) Pat M. Madill, A.M.C.T., CMMI Regional Clerk "Service Excellence for our Communities" b) THAT the enacted by-law be forwarded to the Councils of the lower tier municipalities requesting resolutions consenting to the by-law." In accordance with the above resolution, please find enclosed a copy of by-law #23-2004, which requires the consent of your Municipal Council. Also enclosed, for your information, is a copy of Report #2004-J" 11 of, the Commissioners' of Finance and Works. (ò) ( ,.'. ',)' f) , l~ P.M. Madill, AMCT, CMM I Regional Clerk PMM/cs Encl. c: R.J. Clapp, Commissioner of Finance C. Curtis, Commissioner of Works @ 100% Post Consumer ATTACHMENT#-L._. TOREPORT# C L )Cj-oi ~ of ~ . BY-LAW NUMBER 23-2004 OF THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to transfer the lower-tier power relating to the collection of household solid waste to the Region from the City of Pickering. WHEREAS section 189 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act") provides that an upper-tier municipality may pass a by-law to provide for the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; AND WHEREAS waste management is defined in section 188 of the Act as a lower-tier power; AND WHEREAS the Council of the Regional Municipality of Durham desires to provide for the transfer of that part of the power relating to waste management consisting of the collection of household solid waste to the Region from the City of Pickering. NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Regional Municipality of Durham through its Council thereof as follows: 1. The Regional Municipality of Durham hereby transfers the lower-tier power relating to the collection of household solid waste to the Region from the City of Pickering, effective January 1, 2004. BY-LAW read a first time this 24th day of March 2004. BY-LAW read a second time this 24th day of March 2004. BY-LAW read a thir time and finally passed this 24th day of March 2004. ,~dLj J! / P.M. Madill, Regional Clerk -- ., Roger Anderson, Regional Chair 11)9 ---",