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HomeMy WebLinkAboutDecember 20, 2004Council Meeting Minutes Monday, December 20, 2004 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: E. Buntsma N. Carroll G. Paterson B. Taylor R. Holborn D. Watrous - Chief Administrative Officer (Acting) and Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Municipal Property & Engineering - Committee Coordinator ABSENT: T. J. Quinn - Chief Administrative Officer (Medical Leave) (i) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) 1. PRESENTATION Bill Sorenberger, representing the Men's Progress Club, presented a plaque to honour the donation of a defibrillator unit at the Don Beer Arena. -1- PICKEI Council Meeting Minutes Monday, December 20, 2004 7:30 PM (111) DELEGATIONS Yvonne Sweetman, Greenwood, addressed Council concerning growth in the Hamlet of Greenwood. She thanked Council for including Greenwood in the Draft Greenbelt Plan and for their support at the Region. The following delegations addressed Council concerning the Notice of Motion respecting the proposed airport: a) Sam Orrico, P. O. Box 24, Markham, spoke in support of the motion and stated that it provides an opportunity to study the appropriateness of an airport. b) Giogio Siragusa, 537 Rodd Ave., stated his opposition to the airport as it erodes the social fabric of the City. He feels that the Federal Government is creating an airport to cover up a mistake. c) Stephen N. Frederick, representing V.O.C.A.L., stated his support of the motion and the need for a peer review of the GTAA proposal. d) Michael Robertson, 865 Conc. 7, lives on airport lands and supports the motion. This land is the last Class A farmland and needs to be preserved. He advised of the pollution concern and further stated that this is the last of the recreational airspace. (IV) RESOLUTIONS Resolution #167/04 Moved by Councillor Brenner Seconded by Councillor Pickles That the Report of the Executive Committee EC 2004-20, dated December 13, 2004, be adopted. CARRIED 2 Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #168104 Moved by Councillor Brenner Seconded by Councillor Dickerson That the Report of the Audit Committee AC 2004-01, Appendix I, dated December 6, 2004, be adopted. CARRIED Resolution #169~04 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget, be received; and 2. That the Council of the Corporation of the City of Picketing hereby approves the 2005 Animal Services Budget as recommended by the Pickedng-Ajax-Whitby Joint Animal Services Committee at its meeting of November 30, 2004. REFERRED TO THE EXECUTIVE MEETING OF JANUARY 24, 2005 Council considered the following motion in conjunction with the above resolution: Resolution #169/04(a) Moved by Councillor McLean Seconded by Councillor Brenner That the above resolution be referred to the Executive Meeting of January 24, 2005. CARRIED -3- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #170104 Moved by Councillor Brenner Seconded by Councillor McLean 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received; and That Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,682 (GST and PST extra) be accepted; and That the total purchase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be approved; and That the total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $255,000 for a period not exceeding 5 years, at a rate to be determined be approved; and b) That financing and repayment charges in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. That staff at The City of Pickering be given the authority to give effect hereto. REFERRED TO THE 2005 BUDGET -4- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Council considered the following motion in conjunction with the above resolution: Resolution #170/04(a) Moved by Councillor Dickerson Seconded by Councillor Ashe That the above resolution be referred to the 2005 Budget. CARRIED Recorded Vote Yes: Councillors Brenner, Dickerson, Johnson and McLean No: Councillors Ashe, Pickles and Mayor Ryan Resolution #171/04 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Report to Council OES 42-04 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) be received; and That the Corporation of the City of Pickering is prepared to participate in COMRIF through the submission of an application for Intake One by the application deadline of January 10, 2005; and That the City of Pickering's participation in COMRIF shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $1,730,300 and a net estimated cost of $576,767, at the following locations as its highest priority: · Greenwood Bridge · Bulmer Bridge · Palmer Bridge · Michell Bridge · Reesor Creek Bridge 4. That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and 5. That the COMRIF project be identified as a Capital priority in the 2005 Capital Budget, subject to receiving approval of funding by COMRIF; and -5- Council Meeting Minutes Monday, December 20, 2004 7:30 PM 6. That the appropriate officials of the City of Pickering be given authority to give effect thereto. Recorded Vote: Yes: Councillors Ashe, Brenner, Ryan Resolution #172104 CARRIED Dickerson, Johnson, McLean, Pickles and Mayor Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS by Resolution ~212/98 the Federal Minister of Transport was advised that Council and residents of Pickering do not support the development of an airport; and WHEREAS in April 2001, the Federal Transport Minister announced that the Greater Toronto Airports Authority (GTAA) had been asked to determine the need for a future regional reliever airport on the Pickering lands; and WHEREAS a report prepared for the GTAA and released in September 2002 entitled "Pickering Lands Airport Planning Initiative - Financial Assessment Analysis" concluded that an airport based on a preliminary business model was feasible; and WHEREAS a Pickering Airport Draft Plan Report was released by the GTAA in November 2004, outlining a conceptual airport site layout, timeframes, and justification for an airport in Picketing, and that the GTAA announced that the Financial Assessment Analysis will be updated, and WHEREAS these reports are important early components of the rationale for the potential establishment of an airport in Pickering and were important sources in the development of an environmental assessment for the proposed airport, therefore, the City of Pickering should review the Analysis and provide a response to the GTAA; and WHEREAS these reports are very technical documents and provide a very specialized field of analysis that staff of the City of Pickering do not have the expertise to review and comment on in a meaningful way; and WHEREAS the City has received sufficient funding from proponents in special planning studies and reviews impacting the City of Pickering, including but not limited to, Special Study Areas, Ontario Power Generation's Return to Service of Picketing 'A', Ontario -6- PiCK EI ,,IG Council Meeting Minutes Monday, December 20, 2004 7:30 PM Power Generation's Waste Facility Expansion Study, and the Nuclear Waste Management Organization Review, and the Growth Management Study; NOW THEREFORE BE IT RESOLVED THAT it is essential to for the City of Pickering to obtain an independent review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis at this time, prior to the initiation of an environmental assessment, to protect the interests of the residents and The Corporation of the City of Pickering, and THAT City of Picketing acquire the consulting services to undertake a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis, and THAT City of Pickering staff prepare an appropriate terms of reference, procedure (e.g. request for proposals), and proposed budget for a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis for Council's consideration at a scheduled Council meeting to be no later than February 7, 2005, and THAT the City of Pickering in the interim request that the Federal Transport Minister and the CEO of the Greater Toronto Airports Authority (GTAA) provide sufficient funding in order for the City of Picketing to acquire the appropriate qualified expert services to review the Pickering Airport Draft Plan and updated Financial Assessment Analysis and provide meaningful comments and recommendations to the Council and City of Pickering; and THAT the Mayor, on behalf of the City of Pickering, formally make this request in writing to the Transport Minister and the President and CEO of the GTAA, with a copy to the Members of Parliament for Ajax-Pickering and Pickering-East Scarborough, and Members of Provincial Parliament for Ajax-Pickering and Uxbridge. CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean and Pickles No: Mayor Ryan 7 PICKER1NG Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #173~04 Moved by Councillor Brenner Seconded by Councillor Ashe WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly Street, between Whites Road and West Shore Boulevard, have expressed concern respecting the impact of noise from Highway #-401, the CNR line, and VIA train activity, and Bayly Street, on their living environment; and WHEREAS the homes in this area of the City were constructed in the 1960's and 1970's, prior to the construction of Bayly Street between Whites Road and West Shore Boulevard; and WHEREAS residents have continually expressed concern over the increase in noise levels that have occurred over the years as each of the noise sources was established and/or increased in intensity; and WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the Ministry of Transportation staff advised that it is reasonable to consider this area of the City for retrofit measures to address noise concerns through attenuation fencing, based on the principle of cost sharing by all parties; and WHEREAS the City of Pickering acknowledges the significance of area resident concerns respecting noise levels in this area of the City and the impact of noise on the residential living environment; and WHEREAS Bayly Street is under the jurisdiction of the Region of Durham which has expertise and experience in addressing retrofit solutions to noise attenuation matters; NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the Regional Municipality of Durham to coordinate a review of potential noise attenuation measures and implementation strategies to address resident concems in the area of Bayly Street between West Shore Boulevard and Whites Road, and that such investigation include staff from the Ministry of Transportation, the CNR, GO Transit, Region of Durham, City of Pickering and area residents; and FURTHER THAT the Region of Durham advise the City of Picketing of the work program that it intends to undertake to address this matter; and FURTHER THAT a copy of this resolution be forwarded to: -8- PICKEI NIG Council Meeting Minutes Monday, December 20, 2004 7:30 PM Minister of Transportation, the Honourable Harinder S. Takhar Development Review Coordinator, CN Railway Properties, Mr. G. Woods Managing Director & CEO, GO Transit; Mr. G. McNeal Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA Regional Council Mark Holland, MP, Ajax-Pickering Hon. Dan McTeague, P.C., MP Pickering-Scarborough East CARRIED Resolution #174/04 Moved by Councillor Brenner Seconded by Councillor McLean That Pickering Council directs the Director, Planning & Development to consider, as part of the zoning strategy for Central Pickering, the use of holding provisions in zoning by-laws for lands where studies are required related to the protection of First Nations' site features and resources. CARRIED (V) BY-LAWS That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by- laws of the City of Pickering: By-law Number 6413/04 Being a by-law to amend Restricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, north Part of Lot 14, Concession 9, City of Pickering. (A 03/04) By-law Number 6414/04 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering, from title. -9- Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6415/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1603, Pickering (save and except Lot I and Block 26), from title. By-law Number 6416~04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1602 (save and except Blocks 12 and 13) and Plan 40M-1603 (save and except Lot 1 and Blocks 26 and 27), under the jurisdiction of the City of Pickering. By-law Number 6417~04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6418~04 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Dedicated Gas Tax Reserve Fund. By-law Number 6419~04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1609, Pickering, from title. By-law Number 6420~04 Being a by-law to amend By-law 2632~88 providing for the erection of stop signs. By-law Number 6421/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1607, Pickering, from title. By-law Number 6422~04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. -10- ERING Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6423/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1616, Pickering, from title. By-law Number 6424/04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, under the jurisdiction of the City of Pickering. By-law Number 6425~04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Blocks 1 to 6, Plan 40M-1599, Pickering, from title. By-law Number 6426/04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Plan 40M-1590, Pickering and the Amending Subdivision Agreement relating to Blocks 12 and 13, Plan 40M-1590, Picketing, together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816, Pickering, being Parts 1, 4 and 5, Plan 40R- 12593, from title. By-law Number 6427/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6428~04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12) and Plan 40M-1600 (save and except Blocks 43, 44 and 45), under the jurisdiction of the City of Pickering. By-law Number 6429~04 Being a by-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 as public highway. -11 - Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6430/04 Being a by-law to authorize the release and removal from title of the Subdivision Agreement relating to Plan 40M-1600, Pickering and respective amending agreements. By-law Number 6431/04 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Picketing for the year 2005. CARRIED THIRD READING: Councillor Dickerson, seconded by Councillor Brenner, moved that By-law Numbers 6413/04, 6414/04, 6415/04, 6416/04, 6417/04, 6418/04, 6419/04, 6420/04, 6421/04, 6422/04, 6423/04, 6424/04, 6425/04, 6426/04, 6427/04, 6428/04, 6429/04, 6430/04 and 6431/04, 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 {vi) 1. OTHER BUSINESS Councillor McLean enquired into the impact of OHIP premiums on the City of Pickering. Councillor McLean gave notice of a motion to restrict searchlights. Councillor McLean stated his concern with respect to a letter from the Region concerning the City of Pickering's Operations Centre as part of regional transit. Mayor Ryan will forward a letter to the Region advising that the City will not entertain the idea of relinquishing ownership of the Operations Centre. Councillor Brenner questioned the rationale used to call a tender so late in the year of an item passed in the 2004 Budget. Councillor Brenner gave notice of a motion, seconded by Councillor McLean concerning the City hosting a tax summit. -12- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Councillor Dickerson gave notice of a motion, seconded by Councillor Johnson with respect to war vets and street signs. Councillor Johnson advised that he would be bringing a motion forward at the January 17th Council Meeting for reconsideration of Report OES 39-04. (VII) CONFIRMATION BY-LAW By-law Number 6432104 Councillor Ashe, seconded by Councillor Dickerson, moved for leave to introduce a By- law of the City of Picketing to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of December 20, 2004. CARRIED DATED ADJOURNMENT The Meeting adjourned at 10:40 pm. MAYO~-- CITY CLERK -13- PICKERING Appendix I Executive Committee Report EC 2004-20 That the Executive Committee of the City of Pickering having met on December 13, 2004, presents its twentieth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 45-04 ZONING BY-LAW AMENDMENT APPLICATION A 03~04 DAVID CHESTER 2195 UXBRIDGE-PICKERING TOWNLINE ROAD (NORTH PART OF LOT 14, CONCESSION 9) That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45- 04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/04, as set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. CORPORATE SERVICES REPORT CS 49-04 2005 TEMPORARY BORROWING BY-LAW That Report CS 49-04 of the Director, Corporate Services & Treasurer, be received; and That the temporary borrowing limit to meet 2005 current expenditureS pending receipt of taxes and other revenues be established at $25,000,000 for the period January 1, 2005 to September 30, 2005 inclusive, and $12,500,000 thereafter until December 31, 2005; and That the temporary borrowing limit for capital purposes for 2005 be established at $15,000,000; and That the attached By-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -14- Appendix I Executive Committee Report EC 2004-20 CORPORATE SERVICES REPORT CS 56-04 ESTABLISHMENT OF THE DEDICATED GAS TAX RESERVE FUND That Report CS 56-04 of the Director, Corporate Services & Treasurer concerning Establishment of the Dedicated Gas Tax Reserve Fund, be received; and That Council authorize and approve the establishment of the Dedicated Gas Tax Reserve Fund; and That Council endorse the use of the 2004 gas tax funds to offset Pickering's share of the costs for funding the Ajax Pickering Transit Authority; and That the attached by-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 45-04 TULLIS COTFAGE DESIGNATION 1705 SEVENTH CONCESSION ROAD That Report CS 45-04 regarding the designation of the Tullis Cottage, 1705 Seventh Concession Road, be received; and 2. That the Tullis Cottage be designated as a Heritage Property. CORPORATE SERVICES REPORT CS 46-04 EVER GREEN VILLA DESIGNATION 3970 BROCK ROAD CONCESSION 6, LOT 19 That Report CS 46-04 regarding the designation of Ever Green Villa, 3970 Brock Road, be received; and 2. That the Ever Green Villa be designated as a Heritage Property. -15- Appendix I Executive Committee Report EC 2004-20 CORPORATE SERVICES REPORT CS 58-04 SECTION 354/357~358 OF THE MUNICIPAL ACT -ADJUSTMENT TO TAXES That Report CS 58-04 of the Director, Corporate Services & Treasurer concerning Section 354/357/358 of the Municipal Act - Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 354/357/358 of the Municipal Act, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 38-04 CONSTRUCTION PRIORITIES FOR REGIONAL ROADS -WITHIN THE CITY OF PICKERING That Report OES 38-04 recommending Regional Road construction priorities within the City of Pickering be received, endorsed and forwarded to the Regional Municipality of Durham requesting that its recommendations be considered in the 2005 Budget and Four-Year Capital Forecast. -16- HCKEI ING Appendix II Audit Committee Report AC 2004-01 That the Audit Committee of the City of Pickering having met on December 6, 2004, presents its first report to Council and recommends: 2004 AUDIT - AUDITOR'S WORKPLAN That the Audit Plan, Year Ending December 31, 2004, submitted by Deloitte & Touche, including the proposed increase in fees to provide for increased audit standards as required by the Canadian Institute of Chartered Accountants, be accepted. 2003 AUDIT MANAGEMENT LETTER That the final comments as provided by the Director, Corporate Services & Treasurer regarding the "Auditor's Management Letter" dated June 7, 2004 submitted by Deloitte & Touche, be accepted. CORPORATE SERVICES REPORT CS 32-04 PROCESS REVIEWS AND BEST PRACTICES - OUTSIDE AGENCY SERVICES 1. That Report CS 32-04 of the Director, Corporate Services be received for information; and That the Audit Committee recommend to Council that the engagement of service providers, as provided for in the Council Compensation and in the Communications Policies, by Councillors be as described in this report less the requirement that a Purchase Requisition and Purchase Order be issued; and 3. That the appropriate staff of the City of Pickering be given authority to give effect thereto. -17-