Loading...
HomeMy WebLinkAboutJune 2, 2003 Council Meeting Minutes Monday, June 2,2003 7:35 PM PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson B. Taylor D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Committee Coordinator ABSENT: Councillor McLean - Juno Beach Centre en ADOPTION OF MINUTES Regular Meeting of May 20, 2003 Special Meeting of May 20,2003 Special Meeting of May 26,2003 (II) DELEGATIONS 1. Pat McNeil, Senior Vice President, Nuclear Strategy & Support, presented an update on the Pickering "An start-up project and an update on the first quarter operations of the Pickering Nuclear Generating Station. - 1 - Council Meeting Minutes Monday, June 2, 2003 7:35 PM 2. AI McCormick, Vistula Drive, addressed Council with respect to By-law 6144/03 requesting that a "No Stoppingn zone be imposed on Vistula Drive rather than "No Parkingn. 3. Doug Dickerson, 1646 Bayly St., addressed Council with respect to Council expenses advising that he had placed a request with the Clerk's Division under the "Municipal Freedom of Information & Protection of Privacy Act" and that the report he received was incomplete. Councillor Holland rose on a Point of Personal Privilege. He stated that all expenses incurred by all Council Members are reviewed by the media and are within the budget allowance. fill) RESOLUTIONS Resolution #79/03 - Appendix #1 Moved by Councillor Johnson Seconded by Councillor Pickles That the Report of the Finance & Operations Committee dated May 26, 2003, be adopted. CARRIED Resolution #80103 Moved by Councillor Ryan Seconded by Councillor Holland WHEREAS the Highway Traffic Act states that the statutory speed limit on all urban roads shall be 50 kilometers per hour unless set otherwise by by-law and posted by the municipality that has jurisdiction over such roads; and -2- Council Meeting Minutes Monday, June 2,2003 7:35 PM WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number 264/75 on July 21, 1975 that lowered the speed limit on all existing residential and collector roads south of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the speed limit on other roads north of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS the 40 kilometers per hour speed limit has worked very well in the Bay Ridges and West Shore communities since 1975; and WHEREAS a speed limit of 50 kilometers per hour on residential streets is not conducive to safe pedestrian activities because motorists tend to drive at least 10 kilometers per hour over the posted speed limit; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will lower the speed limit on all local and collector roads in accordance to Pickering's Official Plan under the jurisdiction of the City of Pickering from 50 kilometers per hour to 40 kilometers per hour; and FURTHER THAT said by-law be a consolidated by-law indicating the maximum rates of speed for all highways under the jurisdiction of the City of Pickering and be presented to Council no later than September 15, 2003. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, Pickles, Ryan and Mayor Arthurs Absent: Councillor McLean Resolution #81/03 Moved by Councillor Holland Seconded by Councillor Ryan WHEREAS City Council passed Resolution #77/00 on May 15, 2000 establishing conditions of approval for draft plan of subdivision 18T-99015 (Garthwood Homes - now 40M-2023) proposing 24 lots for detached dwellings on Spartan Court; and -3- Council Meeting Minutes Monday, June 2,2003 7:35 PM WHEREAS one of the conditions of draft approval included a requirement for the construction of a sidewalk on the south and east sides of Spartan Court; and WHEREAS a petition has been received by the City signed by a majority of residents on Spartan Court requesting that a sidewalk not be constructed on the east side of Spartan Court; and WHEREAS a sidewalk along the majority of the east side of Spartan Court is not considered necessary for the safety or residents and pedestrians; NOW THEREFORE the Council of the Corporation of the City of Pickering: 1. hereby directs that the City's sidewalk requirements respecting Plan 40M-2023 be revised to delete the requirement for a sidewalk across the frontage of Lots 3 to 14 inclusive, as illustrated on Schedule 1 to this resolution; 2. hereby directs that sidewalks remain in place to provide safe pedestrian access along the future pedestrian route linking Rambleberry Avenue to Appleview Drive; 3. hereby directs that the developer be required to provide the City with cash-in-lieu for this deleted section of sidewalk, in the event sidewalk construction should be required in the future. CARRIED Resolution #82/03 Moved by Councillor Holland Seconded by Councillor Ryan WHEREAS the three main political parties in Ontario have now issued their policy platforms and the Tory Party platform includes a proposal to extend the force of the Taxpaver Protection Act to municipalities; and -4- Council Meeting Minutes Monday, June 2, 2003 7:35 PM WHEREAS "... Voter approval will be required before a municipal council introduces a new tax or increases the rate of an existing tax" ("The Road Ahead: A Fair Deal for Municipalities Policy Paper"). Further, while municipalities under the Tory proposals would be able to propose new taxes to raise money for a 'specific' program or project, rules include requirements to tax only gasoline sales, rental of hotel or motel rooms and/or the use of parking spaces. Also, the targeted program or project is required "to be clearly identified in a referendum question,n with the municipality then "clearly accounting for how the new revenue was spentn; and WHEREAS this would have a significant negative effect on day-to-day operations of municipal governments, which differ greatly from that of the Province; and WHEREAS the cost of requiring a referendum in the City of Pickering is approximately $235,000 based on 2003 election expenditures and population; and WHEREAS these costs exclude additional costs related to the launching of public education programs, ·printing and staff time required to disseminate sufficient budget information for an informed vote on a referendum question; and WHEREAS municipal governments are very different from the Provincial Government in a very fundamental way, since municipalities are the only government level without indexed revenues. While Provincial and Federal Governments have revenues that increase over time, municipalities have no similar 'automatic' adjustment and can only increase tax rates through direction of Council (despite many costs e.g. salaries, utilities and fuel, fluctuating with inflation levels); and WHEREAS increased property values as a result of annual Province-wide reassessments do not result in increased municipal tax revenues, since tax rates are adjusted to make reassessments revenue neutral; and WHEREAS municipalities are already subject to constraints in setting property tax increases due to Provincially mandated rules regarding property tax capping regulation and policies; and WHEREAS municipalities are already required to maintain balanced budgets, and already have very significant revenues and costs that are beyond the control of the municipality, including fluctuations in Provincial and Federal subsidy levels, requirements to maintain service standards developed by the province, and significant and fluctuating GT A Pooling impacts; and -5- Council Meeting Minutes Monday, June 2, 2003 7:35 PM WHEREAS the proposal to appoint an Ontario Municipal Services Quality Auditor to annually review the spending of large municipalities (over 50,000) and look at smaller municipalities upon request, seems to be contrary to Provincial practice, when the Province has refused previous requests from GT A partners to have a Provincial Auditory verify GT A Pooling figures and other Provincially mandated programs which significantly impact Municipal taxpayers every year; and WHEREAS the Provincial legislation (Taxpaver Protection Act. 1999 and Balanced Budaet Act. 1999) contains a number of exemptions for the Province, including exemptions for Federal tax law changes and revenue decreases, it is unclear whether municipalities will receive similar exemptions for budget fluctuations beyond municipal control; and WHEREAS since these Bills were proclaimed, the Province has passed legislation allowing it to override rules, so that promised income and corporate tax cuts (2202), subsequently revoked, would not be deemed to be tax increases; and WHEREAS there was no indication of a referendum policy at pre-consultation meetings under the 'Memorandum of Understanding' or during discussions leading to the new Municipal Act, that resulted in stringent public notice and consultation requirements for the preparation of municipal budgets and tax rates; and WHEREAS the new Municipal Act was initially heralded by the Provincial Government as a route to greater autonomy and flexibility for Ontario municipalities and new legislation and its regulations and current election platform proposal take us farther from these goals; and WHEREAS municipalities already are accountable to constituents through regularly scheduled elections held every three years and also regularly report to constituents in a number of ways, including publication of Performance Measurement Reports, annual audited financial statements, annual remuneration and expense disclosures for elected officials and staff (over $100,000) and public meetings for financing proposals such as annual budgets and development charges; NOW THEREFORE the Council of the Corporation of the City of Pickering strongly urges the Tory Party to exclude any requirement for referendums on new taxes, tax rate increases and/or new sources of revenue, as this policy would be unnecessary, unworkable in the municipal context, not cost-justified and would have serious ramifications for municipalities trying to provide essential services to constituents, while paying for services downloaded from the Provincial Government. Further, municipalities -6- Council Meeting Minutes Monday, June 2, 2003 7:35 PM already have very open and accountable financial and budgeting systems, MPMP reports, internal accountability measures, new Municipal Act accountability measures, and accountability requirements for grant programs that are workable. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, Pickles, Ryan and Mayor Arthurs Absent: Councillor McLean Resolution #83/03 Moved by Councillor Brenner Seconded by Councillor Ryan For Leave to Introduce a motion concerning opposition to a landfill site within the City of Pickering. CARRIED Resolution #84/03 Moved by Councillor Brenner Seconded by Councillor Ryan WHEREAS it has been reported that the Minister of Environment held a private meeting with Senior Officials across the GT A; and WHEREAS this meeting was reported to look at options for dealing with waste in the event that the exporting of waste to Michigan is cancelled; and WHEREAS the Minister of Environment has stated that all options are being considered; and WHEREAS in an emergency the Minister may issue a "permit by right"; and WHEREAS the residents of the City of Pickering have suffered as a result of decisions to previously put three dumps within its borders; and -7- Council Meeting Minutes Monday, June 2,2003 7:35 PM WHEREAS the Government of Ontario had previously recommended the proposed EE11 site as a mega dump on Crown-owned lands in Seaton; and WHEREAS the Government of Ontario previously commenced excavation of this site; and WHEREAS the Government of Ontario through a Minister's Order has the sole authority to approve land uses for all lands in Seaton; and WHEREAS the Government of Ontario has identified these lands as part of its exchange with developers who purchased lands on the Oak Ridges Moraine; and WHEREAS the proposed EE11 site abuts a rail line; and WHEREAS the Government of Ontario supports rail haul to the Adams Mine; and WHEREAS Crown lands abutting the Adams Mine is reported to have been sold to one of the same developers who is part of the Seaton land exchange; NOW THEREFORE the Council of the Corporation of the City of Pickering advises the Minister of Environment that it is opposed to being considered for any landfill site within the City of Pickering; and FURTHER THAT the Minister of Environment immediately confirm in writing a commitment that the Province of Ontario will not support nor allow any lands to be used for landfill within the City of Pickering including the proposed EE11 site, Brock West, Brock North or Brock South sites in Ajax as examples; and FURTHER THAT copies of this resolution be forwarded to the Region of Durham, Town of Ajax, and to all Durham MPPs. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, Pickles, Ryan and Mayor Arthurs Absent: Councillors McLean -8- ~ Council Meeting Minutes Monday, June 2,2003 7:35 PM (IV) BY-LAWS That Councillor Pickles, seconded by Councillor Holland, took leave to introduce by- laws of the City of Pickering: By-law Number 6141/03 Being a by-law to exempt Blocks 1 and 2, Plan 40M~ , and that part of Block 11, Plan 40M-1231, Pickering, designated as Part 2, Plan 40R-21924 from the part lot control provisions of the Planning Act. By-law Number 6142/03 Being a by-law to exempt Lots 1 to 20, inclusive, Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan 40M-2119, Pickering from part lot control. By-law Number 6143/03 Being a by-law to exempt Blocks 1, 2 and 3, Plan 40M-2149, Pickering, from part lot control. By-law Number 6144/03 Being a by-law to 'amend By-law 2359/87 regulating parking, standing and stopping on highways and on private and municipal property.' By-law Number 6145/03 Being a by-law to repeal By-law 5761/00 which was to establish and maintain a Reserve Fund for the construction of the Brockridge Park Clubhouse. By-law Number 6146/03 Being a by-law to amend By-law Number 425/76 respecting residential fences and swimming pool enclosures in the City of Pickering. CARRIED -9- Council Meeting Minutes Monday, June 2,2003 7:35 PM Council considered the following motions in conjunction with By-law 6144/03: Resolution #85103 Moved by Councillor Brenner Seconded by Councillor Ryan That Vistula Drive be divided out of By-law 6144/03. CARRIED Resolution #86103 Moved by Councillor Brenner Seconded by Councillor Ryan That By-law Number 6144/03 be amended by deleting the reference to Vistula Drive and that parking regulations on Vistula Drive be deferred to the Council Meeting of June 16th. CARRIED That Councillor Ryan, seconded by Councillor Holland, took leave to introduce by-law 6147/03 of the City of Pickering: Bv-Iaw Number 6147/03 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 6090/03, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 23, Range 3, B.F.C. in the City of Pickering. (A 12/03) CARRIED Councillor Pickles declared an interest in Bv~law 6147/03 as he has submitted an offer to purchase property on the subiect lands. - 10- Council Meeting Minutes Monday, June 2,2003 7:35 PM THIRD READING: Councillor McLean, seconded by Councillor Ryan, moved that By-law Numbers 6141/03, 6142/03, 6143/03, 6144/03, as amended, 6145/03 and 6146/03, 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 Councillor Ryan, seconded by Councillor Holland, moved that By-law 6147/03, be adopted and the said by-law 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 Councillor Pickles declared an interest in Bv-Iaw 6147/03 as he has submitted an offer to purchase property on the subject lands. (V) OTHER BUSINESS 1. Councillor Johnson gave notice of a motion, seconded by Councillor Pickles concerning the naming of streets within new developments after war veterans. Resolution #87103 Moved by Councillor Holland Seconded by Councillor Ryan For Leave to Introduce a Motion concerning a grant. CARRIED - 11 - Council Meeting Minutes Monday, June 2, 2003 7:35 PM Resolution #88/03 Moved by Councillor Holland Seconded by Councillor Ryan That a grant in the amount of $2,500 be allocated to the Frenchman's Bay Festival; and That this grant be allocated in Account 2195 (Grants to Organizations & Individuals). CARRIED 2. Councillor Holland gave notice of a motion concerning Emerald Ash. 3. Councillor Holland further gave notice of a motion concerning Kingston Road. 4. Councillor Holland also gave notice of a motion concerning Nurse Practioners. 5. The following matters were discussed prior to the regular meeting: a) Councillor Holland requested staff determine which days would be appropriate for extended hours at the Recreation Complex and report back to Council within two weeks. b) Councillor Pickles asked that Members of Council be briefed on the sale by Veridian of First Source. (VI) CONFIRMATION BY-LAW Bv-Iaw Number 6148/03 Councillor Johnson, seconded by Councillor Brenner, 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 June 2, 2003. CARRIED - 12- Council Meeting Minutes Monday, June 2, 2003 7:35 PM (VII) ADJOURNMENT The Meeting adjourned at 9:53 PM DATED - 13- MAYOR CLERK Appendix I Finance & Operations Committee Report FOC 2003-5 That the Finance & Operations Committee, having met on May 26, 2003, presents its fifth report to Council and recommends: 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 18-03 TENDER T-6-2003 TENDER FOR STREET LIGHT MAINTENANCE 1. That Report OES 18-03 regarding a tender for street light maintenance be received; and 2. That Tender No. T-6-2003 submitted by Veridian Connections, for streetlight maintenance, in the amount of $360,765.75, be accepted; and 3. That staff at the City of Pickering be given the authority to give effect hereto. 2. OPERATIONS & EMERGENCY SERVICES REPORT OES 20-03 TENDER T-9-2003 - PAVING OF THE PICKERING RECREATION COMPLEX PARKING LOT 1. That Report OES 20-03 regarding the Tender for the topcoat for the Parking Lot at the Recreation Complex and Road Improvements be received; and 2. That Tender No. T-9-2003 submitted by Paveco Road Builders Corp. for Parking Lot & Road Improvements in the amount of $204,600 (7% GST extra) for a total cost of $218,922 and a net cost after G.S.T. rebate of $210,738. The Tender comprised of Recreation Complex Overlay Project Code 03- 2731-005-04, Road Rehabilitation Amberlea Road Project Code 03-2320- 010-01 and Road Rehabilitation Pickering Parkway 03-2320-010-02; be accepted; and 3. That the total project cost of $246,207 including the tender amount, other associated project costs and a net total project cost of $237,003, be approved; and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the expenditures of the above mentioned projects as was included in the Council approved 2003 Capital Budget as follows: - 14- Appendix I Finance & Operations Committee Report FOC 2003-5 a. Recreation Complex final topcoat parking lot (03-2731-005-04) through the Region of Durham in the amount of $75,000 for a period not to exceed five years; and b. Amberlea Road Rehabilitation (03-2320-010-01) debt through the Region of Durham in the amount of $48,000 for a period not to exceed 10 years; and c. Pickering Parkway Road Rehabilitation (03-2320-010-02) an internal loan in the amount of $76,000 for a period not to exceed five years; and d. The balance of the funding requirement for the above projects in the estimated amount of approximately $5,600 be paid from 2003 current revenues; and e. Financing and repayment charges in the amount of approximately $42,400 be included in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loans and repaid; and f. The Director, Corporate Services & Treasurer has certified that these loans and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2003 as established by the Province for municipalities in Ontario; and g. The Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Pickering be given the authority to give effect thereto. 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 27-03 TENDER FOR ROOF REPLACEMENT - DELANEY ARENA 1. That Report OES 27-03 regarding Roof Replacement at the Delaney Arena be received; and - 15- Appendix I Finance & Operations Committee Report FOC 2003-5 2. That Tender No. T-8-2003 submitted by Solar Roofing & Sheet Metal Ltd. for Roof Replacement at the Delaney Arena in the amount of $179,800 (plus GST) be approved; and 3. That the total gross project cost of $233,025 and a total net project cost of $224,314, including the tender amount and other associated costs, be approved; and 4. a) That the Manager, Supply & Services be authorized to solicit pricing for the additional roof replacement repairs for the squash courts and maintenance corridor areas; and b) That the requirements of the Purchasing By-law be waived in this instance and the Chief Administrative Officer in conjunction with the Director, Corporate Services & Treasurer be authorized to accept a quotation and award the contract; and c) That the funding for the above expenditures be provided from the savings in the total project cost as approved under Recommendation 2 and 3 above and the amount approved in the 2003 Capital Budget (savings approximately $145,000) and the expenditure for this undertaking be financed as per Recommendation 5 below; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) That debt financing not exceed the amount of $370,000 for a period not exceeding 10 years, at a rate to be determined through the Region of Durham, be approved; and b) That financing and repayment charges in the amount of approximately $50,300 be included in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & 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 2003 as established by the Province for municipalities in Ontario; and - 16- Appendix I Finance & Operations Committee Report Foe 2003-5 d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. 4 PARTNERSHIP OPPORTUNITY That the confidential memorandum of the Division Head, Culture & Recreation, regarding a Partnership Opportunity dated May 26,2003 be received; and That staff be directed to explore Option C as set out in the memorandum. 5. PICKERING SQUASH CLUB PROPOSAL That the memorandum of the Division Head, Culture & Recreation, dated May 22nd, 2003 regarding a proposal submitted by the Pickering Squash Club be received; and That Council support in principle a cost sharing partnership with the Pickering Squash Club for new doubles squash courts at the Pickering Recreation Complex. 6. CORPORATE SERVICES REPORT CS 06-03 LEASE FINANCING POLICY 1. That Report CS 06-03 of the Director, Corporate Services & Treasurer concerning Lease Financing Policy, be received; and 2. That the attached Lease Financing Policy, be approved effective immediately, and 3. That the appropriate officials of the City of Pickering be authorized to give effect thereto. - 17- Appendix I Finance & Operations Committee Report FOC 2003-5 7 . CORPORATE SERVICES REPORT CS 19-03 SECTION 357/358 OF THE MUNICIPAL ACT, 2001, AS AMENDED -ADJUSTMENT TO TAXES 1. That Report CS 19-03 of the Director, Corporate Services & Treasurer, concerning Adjustment of Taxes, be received; and 2. That the write-off 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. 8. CORPORATE SERVICES REPORT CS 22-03 FORMAL QUOTATIONS -QUARTERLY REPORT FOR INFORMATION 1. That Report CS 23-03 of the Director, Corporate Services & Treasurer, concerning Formal Quotations - Quarterly Report for Information, be received and forwarded to Council for information. 9. CORPORATE SERVICES REPORT CS 20-03 2002 PRE-AUDIT BALANCES OF RESERVES AND RESERVE FUNDS 1. That Report CS 20-03 of the Director, Corporate Services & Treasurer, concerning 2002 Pre-Audit Balances of Reserves and Reserve Funds, be received; and 2. That the Pickering Baseball Association Reserve Fund be closed and the attached by-law be read three times and passed; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. - 18- Appendix I Finance & Operations Committee Report FOC 2003-5 1 O. CORPORATE SERVICES REPORT CS 23-03 CASH POSITION REPORT AS AT MARCH 31. 2003 1. That Report CS 23-03 of the Director, Corporate Services & Treasurer concerning Cash Position Report as at March 31, 2003, be received for information. - 19-