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HomeMy WebLinkAboutSeptember 13, 2010 Cify o~ Council Meeting Minutes Monday, September 13, 2010. 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. Prevedel - Chief Administrative Officer E. Bunstma - Director, Operations & Emergency Services N. Carroll - Director, Planning & Development T. Melymuk Director, Office of Sustainability G. Paterson -.Director, Corporate Services & Treasurer S. Reynolds - Division Head, Culture & Recreation D. Shields - City Clerk K. Senior Manager, Accounting Services M. Carpino - Supervisor, Culture & Recreation T. Ryce - Marketing, Promotions/Graphic Designer L. Roberts Committee Coordinator (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 #140/10 Moved by Councillor Johnson Seconded by Councillor Littley 1 City a~ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers In Camera Council Minutes,. July 12, 2010 Council Minutes, July 12, 2010 Special In Camera Council Minutes, September 7, 2010 Special Council Meeting Minutes, September 7, 2010 Joint Planning & Development and Executive Committee Minutes, September 7, 2010 CARRIED (IV) PRESENTATIONS 1. Presentation of Plaque from Evelyn Smith, Past President Pickerinq Rotary Club Evelyn Smith, Past President, Pickering Rotary Club presented Mayor Ryan and Members of Council with a plaque in recognition of their appreciation for all the support received for the annual Ribfest event. (V) DELEGATIONS 1. 'Paula Jesty Deloitte & Touche Re: Report CS 32-10 2009 Year End Audit Paula Jesty, Deloitte & Touche appeared before Council to present the 2009 Year, End Audit Report. She explained the reporting requirements and commented on the audit findings and noted she would be available to answer any questions. A question and. answer period ensued with Paula Jesty and the Director, Corporate Services & Treasurer providing clarification as required. Resolution # 141/10 Moved by Councillor Pickles Seconded by Councillor Littley That the rules of procedure be suspended in order to change the order of business to allow the introduction of Report CS 32-10 to be dealt,with. CARRIED ON A 2/3 MAJORITY VOTE 2 call0~ Council Meeting Minutes ' Monday, September 13, 2010 7:30 PM Council Chambers Resolution #.142/10 Moved by Councillor Dickerson Seconded by Councillor McLean That Report CS 32-10 be introduced. CARRIED i 1. Director, Corporate Services & Treasurer, Report CS 32-10 2009 Year End Audit Discussion ensued with respect to the surplus ,and, how much of the tax levy was designated for legal action. Councillor. O'Connell requested clarification on the details of the legal action fees from both the 2009 and 2010 budgets as well as the amount spent to date. The Director, Corporate Services & Treasurer will provide these details within the next 10 - 14 days. Resolution #143/10 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That Report CS 32-10 of the Director, Corporate Services & Treasurer be received; 2. That the Audit Results Report, including the auditor's independence letter and management letter, as submitted by Deloitte & Touche LLP be received for information; and, 3. That the 2009 draft Audited Consolidated Financial Statements for the City of Pickering be approved. CARRIED 2. a) Terry Dorgan b) Garth Cochrane c) John Mutton Re: Fair Wage Policy Report CS 30-10 3 Cyr o~ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers Terry Dorgan appeared before Council in opposition to Report CS 30-10 of the Director; Corporate Services & Treasurer with respect to Fair Wage Policy. He indicated that while he respects staff's opinion, he noted some discrepancies in the report, stating there was some confusion as to who had been contacted. He questioned why the municipalities in Durham Region were not contacted and why the cost savings were not indicated. Mr Dorgan requested clarification on the referral of the report in respect to the timetable and criteria to be answered in the future. He indicated that while some progress was being made, there was still additional information required. He noted he would be available at any time to take part in discussions relating to the Fair Wage Policy. A question and answer period ensued with a date of early January 2011 being proposed for continued discussions on this matter. 3. Stephen Reynolds, Division Head, Culture & Recreation Re: City of Pickering Bicentennial Celebration Update Stephen Reynolds, Division Head, Culture and Recreation appeared before Council to provide an update on the progress made to date for the City of Pickering Bicentennial celebrations. Through the aid of a power point.presentation,..Tanya Ryce, Marketing, Promotions/Graphic Designer provided background information, program details and plans, events and future applications and noted that sponsorships to date has reached $87,000.00. A question and answer period ensued with clarification being provided on the inclusion of many other clubs and organizations not noted in the presentation that would be participating in various.ways throughout the entire year. 4. Peter Rodrigues Re: York Sewer Settlement Peter Rodrigues appeared before Council expressing his disappointment with the settlement process as well as the details of the settlement with respect to the York Sewer settlement. He also indicated that after speaking with the lawyers involved, he felt a judicial review was still viable and felt that Council had not acted in the best interests of the citizens. A question and answer period ensued. 4 Council Meeting Minutes Monday, September .13, 2010 7:30 PM Council Chambers (VI) CORRESPONDENCE 1. CORR. 58-10 MEGAN CRAMER COMMUNITY DEVELOPMENT ASSISTANT COMMUNITY DEVELOPMENT COUNCIL DURHAM 134 Commercial Avenue Ajax ON. L1 S 21-15 Resolution #144/10 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 58-10 from Megan Cramer, Community Development Assistant, Community Development Council Durham, requesting Council support the position of the Community Development Council Durham to maintain the mandatory long-form - Census questionnaire form to avoid the negative impacts which would result from the proposed voluntary National Household Survey in the 2011 Canadian census by eliminating a vital source of reliable data be endorsed. CARRIED 2. CORR. 59-10 DENIS LEMELIN NATIONAL PRESIDENT CANADIAN UNION OF POSTAL WORKERS 377 rue Bank Street Ottawa ON K2P 1Y3 Resolution #145/10 Moved by Councillor Dickerson Seconded by Councillor Pickles That CORR. 59-10 from Denis Lemelin, National President,.Canadian Union of Postal Workers seeking Council support by encouraging Canada Post and the government to rethink its policies and practices by passing resolutions protesting service and job cuts at Canada Post, urging the government to consult with people to develop an improved Canadian postal service charter and supporting a socially responsible vision of Canada Post be received for information. 5 Ctcy o~ _ Council Meeting Minutes ' Monday, September 13, 2010 y 7:3,0 PM Council Chambers CARRIED 3. CORR. 60-10 GARY CARR, REGIONAL CHAIR THE REGIONAL MUNICIPALITY OF HALTON 1151 Bronte Road Oakville, ON L6M 31_1 and HEATHER ASLING, LEGISLATIVE ADMINISTRATOR TOWN OF CALEDON 6311 Old Church Road _ Caledon ON L7C 1J6 Resolution #146/10 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 60-10 from the Regional Municipality of Halton and the Town of Caledon seeking support for a motion with respect to a request for the. Province to cover all appeal costs to the Ontario Municipal Board for any OMB appeal hearings related to Regional and Local Official Plan Amendments passed pursuant to the Places to Grow Act when challenged to defend their decisions be endorsed. CARRIED 4. CORR: '61-10 SHEILA RISKE CLIENT SERVICES MANAGER DURHAM HOSPICE 209 Dundas St. East Lower Level Units 1 & 2 Whitby ON L1 N 7H8 Resolution #147/10 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 61-10 from Sheila Riske, Client Services Manager, Durham Hospice seeking Council support of the maintenance of the current funding levels for Durham Hospice as well as supporting the Health System Improvement Pre-Proposal for funding the first Residential Hospice in Durham be endorsed. 6 Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers CARRIED 5. CORR. 62-10 ANDREA D. FAY, CLERK TOWN OF MIDLAND 575 Dominion Avenue Midland, ON L4R 1 R2 Resolution #148/10 Moved by Councillor O'Connell Seconded by Councillor Dickerson That CORR. 62-10 from Andrea D. Fay, Clerk, Town of Midland seeking support. of a resolution passed at a meeting held June 2010 which recommends an amendment of the current legislation of the Residential Tenancies Act to change the period of occupancy from. one to two years or to add a one year extension be endorsed. CARRIED 6. CORR. 63-10 FRANK SCARPITTI, MAYOR TOWN OF MARKHAM 101 Town Centre Boulevard Markham ON L3R 9W3 Resolution #149/10 Moved by Councillor Dickerson Seconded by Councillor Pickles That CORR. '63=10 from Frank Scarpitti, Mayor, Town of Markham, thanking the City of Pickering for their outstanding care in providing animal shelter services during their recent ring worm outbreak at OPSCA Newmarket be received for information. CARRIED 7. CORR. 64-10 a) LISA HARKER, COORDINATOR, RECORDS & ELECTIONS b) CUPE ONTARIO c) DURHAM REGION HEALTH DEPARTMENT d) FIRE CHIEF, CITY OF PICKERING e) ONTARIO MULTIFAITH COUNCIL f) CORRECTIONAL SERVICE CANADA' 7 City o~ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers Resolution #150/10 Moved by Councillor Pickles Seconded by Councillor Johnson That CORR. 64-1.0 be received for information and the following proclamations be declared: a) October 17-23, 2010 - Local Government Week b) October 27, 2010 - Child Care Worker & Early Childhood Educator Appreciation Day c), October, 2010 - Walk to School Month October 6, 2010 - International Walk to School Day d) October 3 - 9, 2010 - Fire Prevention Week e) October 17-23, 2010 - Spiritual and Religious Care Awareness Week f) November 14-21, 2010 - Restorative Justice Week CARRIED (VII) COMMITTEE REPORTS a) REPORT PD 2010-02 OF THE JOINT PLANNING.& DEVELOPMENT AND EXECUTIVE COMMITTEE 1. Director, Planning & Development Report PD 27 -10 Zoning By-law Amendment -A 5/10 Chieftan Developments Inc. on behalf of Conseil scolaire de district du Centre-Sud-Quest 2265 Brock Road (Part of Lot 18, Concession 2, Part 3 40R-20062) City of Pickering COUNCIL DECISION 1: That Report PD,.27-10 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 5/10 be approved to permit a school use with associated day nursery and to rezone valley lands to open space on lands being Part of Lot 18, Concession 2, Parts 2 and 3, 40R-20062; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 5/10, as set out in Appendix I to Report PD 27-10, be forwarded to City Council for enactment. 8 Ciro Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 2. Director, Planning & Development, Report PD 28-10 Growth Strategy Program Pickering Official Plan Review COUNCIL DECISION 1: That Report PD 28-10 of the Director, Planning & Development respecting the status of the Pickering Growth Strategy Program, be received for information; and 2. Further, that Report PD 28-10 be forwarded to the Region of Durham and the Ministries of Municipal Affairs'and Housing, and Energy and Infrastructure. 3. Director, Planning & Development, Report PD 29-10 Zoning By-law Amendment Application A 19/09 Commercial Focus Advisory Services on behalf of 2143087 Ontario Ltd. 2055 Brock. Road (Part of Lot 18, Concession 2) City of Pickering COUNCIL DECISION 1. That. Report PD 29-10 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 19/09 be approved to permit the first phase of a mixed use development with an "(H)" Holding symbol on lands being Part of Lot 18, Concession 2; and 3. Further, that the zoning by-law to implement the first phase of Zoning By-law Amendment Application A 19/09, as set out in Appendix I to Report PD 29-10, be forwarded to City Council for enactment. 4. Director, Planning & Development, Report PD'30-10 Cougs (Valleyfarm).Ltd. Plan of Subdivision 40M-2089 Final Assumption of Plan of Subdivision COUNCIL DECISION 1. That Report PD 30-10 of the Director, Planning & Development regarding the final assumption of the works and services within Plan of Subdivision 40M-2089 be received; 9 C~tK o~ Council Meeting Minutes ' Monday, September 13, 2010 7:30 PM Council Chambers 2. That the highway being Avonmore Square within Plan 40M-2089 be assumed for public use; 3. That the works and services required by the Subdivision Agreement within Plan 40M-2089, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Blocks 36, 39 to 49 and Lennox Lane; and 4. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2089, save and except from Blocks 36, 39, 40, 41, 47 and 48, be released and removed from title, b) EXECUTIVE REPORTS 1: Director, Office of Sustainability, Report OS 02-10 Partners for Climate Protection Program -Status Update COUNCIL DECISION 1. That Council receive Report OS 02-10 providing an update on the City's Partners for Climate Protection Program; 2. That Council endorse the Five year Corporate Emissions Reduction Strategy outlined in Attachment 1 to this Report and direct staff to proceed as set out in that Strategy; and, 3. That a copy of this Report be forwarded to the Federation of Canadian Municipalities' Partners for Climate Protection Office. 2. Director, Operations & Emergency Services, Report OES 19-10 Tender for Dunmoore Tennis Court Reconstruction COUNCIL DECISION 1. That Report OES 19-10 of the Director, Operations & Emergency Services regarding the tender for Dunmoore Tennis Court Reconstruction be received;, 2. That Tender T-8-2010 submitted by Court Contractors Ltd. for the Tennis Court Resurfacing Project in the amount of $139,894.00 (HST included) be accepted; 10 Council Meeting Minutes Monday, September 13, 2010. 7:30 PM Council Chambers 3. That the total gross project cost of $156,708 (HST included) including the tender amount and other associated costs and the total net project cost of $141,120 be approved; 4. That the Director, Corporate Services & Treasurer be authorized to finance the project as follows: a) that the sum of $140,000 to be financed by the issue of debentures by the Regional Municipality of Durham over a period not exceeding five (5) years; b) the balance sum of $1,120 to be funded from the 2010 Current Budget; c) that the annual repayment charges in the amount of approximately $31,890 be included in the annual Current Budget for the City of Pickering commencing in 2011, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; d) the Director, Corporate Services & Treasurer has updated the City's 2,010 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment.Limit for debt and financial obligations, as established by the Province for municipalities in Ontario, and would not cause the City to exceed the updated Limit, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization; e) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 6. That the Director, Corporate Services & Treasurer be authorized to take necessary action in order to give effect hereto: 3. Director, Operations & Emergency Services, Report OES 20-10 Creative Outdoor Advertising (COA) Extension of Recycling Bin Agreement COUNCIL DECISION 1. That Report OES 20-10 of the Director, Operations & Emergency Services concerning Creative Outdoor Advertising be received; 11 Q'W Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 2. That Staff be authorized to exercise an extension of the.Agreement with Creative Outdoor Advertising for an additional five years, commencing September 15, 2010 and ending on September 14, 2015; and 3. That appropriate officials be authorized to take action to finalize the terms of the extension Agreement, and that the Mayor and Clerk be authorized to execute the extension agreement. 4. Director, Operations & Emergency Services, Report OES 21-10 Roof Replacement - Pickering Public Library -Tender No. T-16-2010 COUNCIL DECISION 1. That Report OES 21-10 of the Director, Operations & Emergency Services regarding Roof Replacement at Pickering Public Library be received; 2. That Tender T-16-2010 submitted by T. Hamilton & Sons Roofing at a cost of $265,504.80 (HST included) be accepted; 3. That the total gross project cost of $296,692 (HST included) and a net project cost of $296,692 including the tender amount and other associated costs be approved; 4. That Council authorizes the Director, Corporate Services & Treasurer to finance the project as follows: a) the sum of $140,000 to be funded from the Federal Gas Tax Grant, as provided for in the 2010 approved Capital Budget for the Library be increased to $267,180; 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. 5. Director, Operations & Emergency Services, Report OES 24-10 Request for Proposal No. RFP-8-2010 -Consulting Services for a Feasibility Study and -Municipal Class Environmental Assessment for - Pickerinq Operations Centre COUNCIL DECISION 12 AAR Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 1. That Report OES 24-10 of the Director, Operations & Emergency Services regarding RFP-8-2010 for consulting services to undertake a feasibility study and Class Environmental Assessment for the Pickering Operations Centre be received; 2.. That the proposal submitted by AECOM dated August 5, 2010 in the amount of $90,241.80 (HST included) and a net cost of $81,265.54 be accepted; 3. That the total net. project cost consisting of consulting and contingency costs of $100,000 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the consulting costs plus contingencies in the amount of $100,000 as approved in the 2009 Capital Budget from the Provincial Grant - Investing in Ontario; and 5. That the appropriate officials be authorized to take the necessary actions to give effect thereto. 6. Director, Corporate Services & Treasurer, Report CS 31-10 Formal Quotations - Quarterly Report for Information COUNCIL DECISION That Report CS 31-10 of the Director, Corporate Services & Treasurer regarding Formal Quotations. - Quarterly Report for Information be received for information. 7. Director, Corporate Services & Treasurer, Report CS 33-10 Tender/Contract Approval -Councils' Summer Recess COUNCIL DECISION 1. That Report CS 33-10 of the Director, Corporate Services & Treasurer regarding tender and contract approvals during Councils' Summer Recess be received; and, 2. Council pass a resolution ratifying the approval of the Tenders and Contracts by the Chief Administrative Officer contained in this Report during Councils' summer recess being Tender No. T=12-,2010, Supply & Delivery of One (1) 16 Foot Wide Area Mower; Tender No. T-13-2010, Supply & Delivery of Two(2) One Ton Trucks with Dump Body, Quotation No. Q-54-2010, Supply & Delivery of Two(2) Hybrid SUV 4WD and Tender T-15-2010 Valley Farm Sidewalk & Boulevard and Glenanna Road Streetscaping. 13 City Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 8. Director, Corporate Services & Treasurer, Report CS 35-10 Cash Position Report as at June.30 2010 COUNCIL DECISION It is recommended that Report CS 35-10 from the Director, Corporate Services & Treasurer be received for information., 9. Director, Corporate Services & Treasurer, Report CS 36-10 Section 357/358 of the Municipal Act- Adjustment to Taxes COUNCIL DECISION 1. That Report CS 36-10 of the Director; Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That.the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 10. Director, Corporate Services & Treasurer, Report CS 37-10 2010 Assessment Appeals COUNCIL DECISION 1. That Report CS 37-10 of the Director, Corporate Services & Treasurer 4 regarding 2010 assessment appeals be. received; 2. That Council approve the filing of the assessment appeals by Municipal Tax Equity for 2010 for the following roll numbers: 18-01-202-022-047-68 and 18-01- 020-016-120-00; 3. That the attached By=law providing for the confirmation of the filing of assessment appeals be enacted; 4. That Council authorize the Director, Corporate Services & Treasurer to engage the firm of Municipal Tax Equity and or Walker Poole Nixon LLP to represent the City for the.assessment appeals filed above; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 14 City 04 Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 11. Director, Corporate Services & Treasurer, Report CS 38-10 Municipal Performance Measurement Program -.Provincially Mandated Public Report of Performance Measures COUNCIL DECISION It is recommended that Report CS 38-10 from the Director, Corporate Services & Treasurer be received and forwarded to Council for information. Resolution #151 /10 Moved by Councillor Dickerson Seconded by Councillor Pickles That the Report of the Joint Planning & Development and Executive Committee 2010- 02, dated September 7; 2010, be adopted. CARRIED VIII NEW AND UNFINISHED BUSINESS 2. -Chief Administrative Officer's Report, CAO 21-10 2010 Municipal Elections Compliance Audit Committee -Appointments Discussion ensued with questions being raised with respect to issues surrounding . conflicts of interest. The City Clerk provided clarification with respect to the requirements of the municipality to have an Audit Committee in place by October 1St 2010 and explained the role of the committee as well as the appeal process. Resolution #152/10 Moved by Councillor Dickerson Seconded by Councillor McLean That the following individuals be appointed to the 2010 Municipal Elections Compliance Audit Committee to review applications relating to candidates' financial statements for the 2010 City of Pickering elections: a) Joseph Morris Brown b) Donald Hudson C) William John Paul Jones .15 Cif Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers CARRIED 3. Director, Operations & Emergency Services, Report OES 16-10 Tender No. T-20-2010 -Tender for Kinsmen Park Field House Retrofit & Addition Resolution #153/10 Moved by Councillor O'Connell Seconded by Councillor Littley 1. That Report OES 16-10 of the Director, Operations & Emergency Services regarding, the Kinsmen Park Field House Retrofit & Addition be received; 2. That Tender No. T-20-2010 submitted by Nashid Construction Corp for the Kinsmen Park Field House Retrofit & Addition in the amount of $472,453 (HST included)' be accepted; 3. That the total gross project. cost of $564,274 and the net project cost of $508,147 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 sum of $99,000 as approved by the Recreation Infrastructure Canada Program (RInC) Federal Grant; b) the sum of $99,000 as approved by the Recreation Infrastructure Canada. Program (RInC)- Provincial Grant; c) the sum of $50,000 as provided for in the 2009 approved Capital Budget be funded by the Provincial Grant-Investing in Ontario; d) the sum of $50,000 as provided for in the 2009 approved Capital Budget to be funded by the Federal Gas Tax Grant; e) the additional amount of up to $210,147 to be funded by a draw from the Parkland Reserve Fund; f) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to affect the foregoing 16 CLtq 04 Council Meeting Minutes ' Monday, September 13, 2010 7;30 PM Council Chambers 5. That the appropriate City of Pickering officials be, given authority to. give effect thereto. CARRIED 4. Director, Operations & Emergency Services, Report OES 22-10 Tender for Supply and Delivery of Backhoe/Loader with Optional Attachments -Tender No. T-14-2010 Resolution #154/10 Moved by Councillor Pickles Seconded by Councillor Dickerson 1.. That Report OES 22-10 of the Director, Operations & Emergency Services regarding the supply. and delivery of a Backhoe/Loader with optional attachments be received; 2. That Tender No.T-14-2010, as submitted by, Nortrax Canada Inc. for the acquisition and delivery of a Backhoe/Loader with optional attachments, in. the amount of $110,628.00 (HST extra) be accepted; 3. That the total gross purchase cost of $125,009.64 and a net purchase cost of $112,575.05 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows; a) the sum of $110,000 be financed bythe.issue of debentures. through the Regional Municipality of Durham for a period not exceeding five (5) years, at a rate to be determined; b) that the balance of $2,575.05 plus financing. costs be funded from 2010 'Current Funds; c) that the annual repayment charges in the amount of approximately $25,000 be included in the annual Current Budget for the City of Pickering commencing in 2011 and continuing thereafter until the loan is repaid; d) that the Director, Corporate Services and Treasurer has updated the City's 2010 Annual Repayment Limit and certified that this. loan and the repayment thereof falls within the City's Annual Repayment Limit for debenture and.financial obligations and would not cause the City to exceed 17 City 04 Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers the updated Limit, and therefore, the Ontario Municipal Board approval is not required prior to City Council's authorization; e) to undertake the financing of this projector portions thereof that cannot be accommodated through the foregoing through internal loans, the Ontario Strategic Infrastructure Financing Authority (OSIFA) - Loan Program or a financial institution offering long term financing under similar terms and conditions; f) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions or take any actions necessary in order to effect the foregoing; and 5. That the draft by-law attached. to this report be enacted; 6. That the appropriate City of Pickering Officials be authorized to take necessary. action to give effect thereto. CARRIED 5. Director, Operations & Emergency Services, OES 25-10 Request for Proposal No: RFP-1-2010 -Consulting Services for the Replacement of Whitevale Bridge A discussion period ensued where it was suggested that the City of Pickering ensure that appropriate staff are available to answer questions during public consultation processes. Resolution #155/10 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report OES 25-10 of the Director, Operations & Emergency Services regarding RFP-1-2010 for consulting services to undertake a Class Environmental Assessment and Detail Design for the replacement of the Whitevale Bridge be received; 2. That the proposal No. RFP-1-2010.submitted by SRM Associates dated August 17, 2010 in the amount $400,285 (HST included) and a net cost of $360,469 be accepted; 18 i Council Meeting Minutes ' Monday, September 13, 2010 7:30 PM Council Chambers 3. That the total net project cost of $380,820, consisting of consulting, permit fees . and a contingency be approved as Phase I; 4. That Council authorize the Director, Corporate Services & Treasurer to revise, the financing approved in the 2009 Capital Budget and finance Phase I, being consulting services fora Class Environmental Assessment, Detail Design by a draw of $380,820 from the Federal Gas Tax Reserve Fund; 5. That Council endorse in principal Phase II of this project, being the complete replacement of the Whitevale Bridge and recommend it as a priority project for the new Council in the 2011 Capital Budget; .6. That Council endorse staff's action to restrict the bridge to one lane of traffic and the load be reduced to ten tons; and. 7. That the appropriate officials be authorized to take the necessary actions to give effect thereto. CARRIED UNANIMOUSLY ON A RECORDED VOTE 6. Director, Operations & Emergency Services, Report OES 27-10 Tender for Supply & Delivery of One 60,000 LB.GVW Diesel Snow Plow/Dump/Sander Truck Tender No. T-19-2010 Resolution #156/10 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That :Report OES 27-10 of the Director, Operations & Emergency Services regarding the acquisition and delivery of a 60,000 LB. GVW Diesel Snow Plow/Dump/Sander Truck attachments be received; 2. That Tender No.T-19-2010, as submitted by Scarborough Truck Centre Inc. for the acquisition and delivery of a 60,000 LB. GVW Diesel Snow Plow/Dump/Sander Truck in the amount of $204,965.00 (HST extra) be accepted; 3. That the total gross purchase cost of $231,610.45 and a net purchase cost of $208,572.38 be approved; 19 Cirq o~ _ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows; a) the sum of $205,000.00 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five (5) years, at a rate to be determined; b) that the balance sum of $3,572.38 plus financing costs be funded from 2010 Current Funds; c) that the financing and repayment charges in the amount of approximately $47,000 be included in the annual Current Budget for the City of Pickering commencing in 2011 and continuing thereafter, until the loan is repaid; d) that the Director, Corporate Services and Treasurer has updated the City's 2010 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit for debenture and financial obligations and would not cause the City to.exceed the updated Limit, and therefore, the Ontario Municipal Board approval is not required prior to City Council's authorization; e) that the Treasurer be authorized to undertake the financing of this project or portions thereof that cannot be accommodated through the foregoing through internal loans, the Ontario Strategic. Infrastructure Financing Authority (OSIFA) - Loan Program or a financial institution offering long term financing under" similar terms and conditions; f) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions or take any actions necessary in order to effect the foregoing; and 5. That the draft by-law attached to this report be enacted-, 6. That the appropriate City of Pickering Officials be authorized to take necessary action to give effect thereto. CARRIED 7. Director, Operations & Emergency Services, Report OES 28-10 Tender for Supply & Delivery of One 41,000 LB.GVW Diesel Snow Plow/Dump/Sander Truck -Tender No. T-18-2010 Resolution #157/10 20 Council Meeting Minutes Monday,. September 13, 2010 7:30 PM Council Chambers. Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report OES 28-10 of the Director, Operations & Emergency Services . regarding the acquisition and delivery of a 41,000 LB. GVW Diesel Snow Plow/Dump/Sander,Truck be received; 2. That Tender No.T-18-2010, as submitted by Peterbilt Truck Centre Ontario for the acquisition and delivery of a 41,000LB. GVW Diesel Snow. Plow/Dump/Sander Truck be allowed to be withdrawn; 3. That Tender No.T-18-2010, as submitted by Scarborough Truck Centre Inc. for the acquisition and delivery of a 41,000 LB. GVW Diesel Snow Plow/Dump/Sander Truck in the amount of $180,687.00 (HST extra) be accepted 4. That the total gross purchase cost of $204,176.31 and a net purchase cost of $183,867.10 be approved; 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows; a) the sum of $180,000.00 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five (5) years, at a rate to be determined; b) that the balance of $3,867.10 plus financing costs be funded from 2010 Current Funds; c) that the financing and repayment charges in the amount of approximately $41,000 be included in the annual Current Budget for the City of Pickering commencing in 2011 and continuing thereafter until the loan is repaid; d) that the Director, Corporate Services and Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial'obligations approved annual repayment limit for debt and other financial obligations for 2010 as established by the Province for municipalities in Ontario.; e) that the Treasurer be authorized to undertake the financing of this project or portions thereof that cannot be accommodated through the foregoing through internal loans, the Ontario Strategic Infrastructure Financing Authority (OSIFA) - Loan Program or a financial institution offering longterm financing under similar terms and conditions; 21 City 04 Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers f) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions. or take any actions necessary in order to effect the foregoing, and 6. That the draft by-law attached to this report be enacted; 7. That the appropriate.City of Pickering Officials be authorized to take necessary action to give effect thereto. CARRIED (IX) NOTICES OF MOTION CITY OF PICKERING WARD BOUNDARY/GOVERNANCE MODEL REVIEW FOR THE 2014 MUNICIPAL ELECTION Discussion ensued with questions arising with respect to the timing of this motion due to the proposed developments for Seaton and Duffin Heights. Councillor Johnson provided further clarification with respect to the intent of this motion. Resolution #158/10 Moved by Councillor Johnson Seconded by Councillor Dickerson WHEREAS the City of Pickering is a rapidly growing community and it is sound municipal management practice to evaluate the implications of such growth on local political representation; WHEREAS the current ward boundaries were determined approximately 35 years ago when Pickering had a population of approximately 24,000; WHEREAS Ward 3 has a population 30% higher than Ward 1 and 2 and 10-15 times land size; WHEREAS as significant future population growth is expected in.Ward 3 and continued growth in Ward 1 and 2, Council may find that it is timely to assess the current and emerging population situation to ensure the appropriate representation for Pickering citizens and a balanced workload for Councillors for the 2014 Municipal Election; NOW THEREFORE, be it resolved that the Council for the City of.Pickering approves the investigation into the process for a ward boundary and governance model review for the ; 2014 Municipal Election, 22 1 C~cy o¢ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers THAT the City of Pickering include consideration of a-ward boundary review in the 2011 Budget discussions for the hiring of an independent consultant to review ward boundaries and to investigate the election of Regional Councillor's being elected at large; and, THAT.the City Clerk report back to Council in.2011 on the process of reviewing the City of Pickering Ward Boundaries/Governance Model for the 2014 Municipal Election. CARRIED LATER IN THE MEETING (See Following Motion) Resolution #159/10 Moved by Councillor. McLean Seconded by Councillor Littley That the motion be divided in order to remove the wording in paragraph 6 to remove the election of Regional Councillors being elected at large. MOTION DEFEATED ON A RECORDED VOTE YES NO Councillor McLean Councillor Pickles Councillor O'Connell Councillor Dickerson Councillor Littley Councillor Johnson Mayor Ryan The main motion was then CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO, Councillor Pickles Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Johnson Councillor Littley Mayor Ryan 23 Council Meeting Minutes ' Monday, September 13, 2010 K~ 7:30 PM Council Chambers (X) BY-LAWS 7079/10 Being a by-law to stop-up and close Township Road, legally described as Part of. Lot 20, Concession 3, Pickering between Sideline 20 and Tillings Road being Travelled Road also known as Township Road, designated as Parts 5 and 6, Plan 40R-25832 as public highway.. 7080/10. Being a by-law to stop-up and close those portions of Sheppard Avenue, being parts of Lots 27 and.28, Range 3, BFC, parts of Lots 25 and 50, RCP 820 and parts of Block 5, Plan 353, all in the City of Pickering, designated as Parts 1 to 11, both inclusive, Plan 40R-26573 as public highway, for the purpose of sale to the adjacent owners. 7081/10 Being a by-law to authorize the issuance of debentures in the amount of $140,000 for the Dunmoore Tennis Court Reconstruction Project in the City of Pickering. 7082/10 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Blocks K, L and M, Plan 418, in the City of Pickering (SP- 2008-02) & A 02/08) [OMB Approved.- no action required. 7083/10 Being a by-law to appoint Tony Prevedel as Chief Administrative Officer. 7084/10 Being a by-law to Authorize Specific Complaints to the Assessment Review Board. 7085/10 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 2, in the City of Pickering (A 19/09) 7086/10 Being a by-law to amend Restricted Area (Zoning) By-law 3036 to implement the Pickering Official Plan in Part of Lot 18, Concession 2, City of Pickering. (A 5/10) 7087/10 Being a by-law to authorize the acquisition and delivery of a Backhoe/Loader with optional attachments in the City of Pickering and the issuance of debentures therefore in the amount of $110,000. 7088/10 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By-law attached) 24 City 0~ Council Meeting Minutes Monday, September 13, 2010 7:30 PM Council Chambers 7089/10 Being a by-law to dedicate that part of Block W-1, Plan M-1058 and that part of Lot 29, RCP 1041, Pickering, designated,a Parts 1 and 2, Plan 40R-26564, as public highway. 7090/10 Being a by-law to authorize the acquisition and delivery of a 60,000 LB. GVW Diesel Snow Plow/Dump/Sander Truck in the City of Pickering and the issuance. of debentures therefor in. the amount of $205,000. 7091/10 Being a by-law to authorize the acquisition and delivery of a 41,000 LB. GVW Diesel Snow Plow/Dump/Sander Truck in the City of Pickering and the issuance of debentures therefor in the amount of $180,000. THIRD READING: Councillor Pickles, seconded by Councillor Johnson moved that By-law Numbers 7079%10 to 7091/10, 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 (XI) OTHER BUSINESS 1) The Chief Administrative Officer was asked to action the following-, a) Councillor McLean requested By-law Enforcement look into the issue of car dealerships parking cars on City boulevards around the dealerships in order to showcase cars to the public. (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 #160/10 Moved by Councillor McLean Seconded by Councillor O'Connell That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to a proposed or pending acquisition or disposition of land by the municipality. CARRIED 25 Council Meeting Minutes ' Monday, September 13, 2010 7:30 PM Council Chambers 1. Chief Administrative Officer's Report CAO 22-10. Arnts Topsoil and Pickering Golf Academy -Extention of Leases Moved by Councillor Dickerson Seconded by Councillor Pickles Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor McLean Seconded by Councillor Pickles That the recommendations as contained in Confidential CAO Report CAO 22-10 be adopted. CARRIED IN AN OPEN SESSION OF COUNCIL (XIII) CONFIRMATION BY-LAW i By-law Number #7092/10 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 13, 2010. CARRIED (XIV) ADJOURNMENT Moved by Councillor Pickles Seconded by Councillor McLean That the meeting be adjourned at 10:12 pm. CARRIED 26 City 00 Council Meeting Minutes ' Monday, September 13, 2010 7:30 PM Council Chambers DATED this 13th day of September, 2010 MA ID RYAN DEBBIE SHIELDS CITY CLERK i j i 27